BEFORE THE

OF THE STATE OF ILLINOIS

RANDY’S SHELL,

)

Petitioner,

)

v.

)

PCB No.

05-

)—‘

ILLINOIS ENVIRONMENTAL

)

(LUST

—

Ninety Day Extension)

PROTECTION AGENCY,

)

Respondent.

)

NOTICE

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

Carolyn S. Hesse

Barnes & Thornburg

Suite 4400

One North Wacker Drive

Chicago,

IL

60606-2809

CLERK’S OFACE

AUG

09

2OO~

STATE OF ILLINOIS

Pollution Control Board

PLEASE

TAKE NOTICE

that

I have

today

filed with the

office of the

Clerk of the

Pollution

Control Board a REQUEST FOR NINETY DAY EXTENSION OF APPEAL PERIOD,

copies of which

are herewith served upon you.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

Assistant Counsel

Special Assistant Attorney General

Division of Legal Counsel

1021

North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Dated: August

5,

2004

---

RECE~VE~

CLERK’S OFFICE

BEFORE THE POLLUTION CONTROL

BOARD

AUG 09

2OO’~

OF THE STATE

OF ILLINOIS

STATE

OF

ILLINOIS

Pollution

Control Board

RANDY’S

SHELL,

)

Petitioner,

)

v.

)

PCB No.

05-

~)—

ILLINOIS ENVIRONMENTAL

)

(LUST

—

Ninety Day Extension)

PROTECTION AGENCY,

)

Respondent.

)

REQUEST

FOR

NINETY

DAY

EXTENSION

OF APPEAL PERIOD

NOW COMES the Respondent, the Illinois

Environmental Protection Agency (“Illinois

EPA”), by one of its

attorneys, John J.

Kim, Assistant

Counsel

and

Special Assistant

Attorney

General,

and,

pursuant

to

Section

40(a)( 1) of the

Illinois

Environmental

Protection

Act

(415

ILCS

5/40(a)(1))

and

35

Iii.

Adm.

Code

105.208,

hereby requests

that

the

Illinois

Pollution

Control Board (“Board”) grant an extension ofthe thirty-five

(35)

day period for petitioning for a

hearing to November

12,

2004,

or any other date not more than a total of one hundred twenty-

five

(125)

days

from

the date of service of the Illinois EPA’s

final decision.

The

125th

day

is

November

11,

2004,

a

State holiday,

and

November

12th

is

the

next business day.

In support

thereof, the Illinois EPA respectfully states as follows:

1.

On

July

8,

2004,

the

Illinois

EPA

issued

a

final

decision

to

the

Petitioner.

(Exhibit A)

2.

On July

15,

2004, the Petitioner made a written request to

the Illinois

EPA for an

extension oftime by which to file a petition for review, asking the Illinois EPA join in requesting

that

the

Board

extend

the

thirty-five

day

period

for

filing

a

petition

to

ninety

days.

The

Petitioner’s documents indicate that the final decision was received on July 9, 2004.

(Exhibit B)

1

---

3.

The additional time requested by the parties may eliminate the need for a hearing

in this

matter or, in the alternative, allow the parties to identify issues

and limit the scope ofany

hearing that may be necessary to resolve this matter.

WHEREFORE,

for the reasons

stated

above, the parties

request

that

the Board,

in

the

interest of administrative

and judicial

economy, grant this

request for a ninety-day extension of

the thirty-five day period for petitioning fora hearing.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021 North Grand Avenue, East

P.O.

Box 19276

Springfield, Illinois

62794-9276

217/782-5544

217/782-9143 (TDD)

Dated: August

5,

2004

This filing submitted on

recycled paper.

2

---

@7/89/2884

11:28

21752280@9

CWM

PAGE

@2

ILLINO!S

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH G~ND

AvENUE

EAST,

P.O.

Box

19276,

SPR:NCFIELD,

ILLINOIS

62794-9276,

217-782-3397

JAMES

R.

THOMPSON

CENTER,

100

WEST

RANDOLPH,

SUITE

11-300, CHIcAGo, ft

60601, 312-814-6026

ROD

R.

BLAGOJEVICH, GOVERI’~OR

RENEE

CIPR~ANO,DIRECTOR

217/782-6762

CERTIFIED MAIL

7CQ~~150

~O0O

1251

5914

JUL

0820114

L. Keller Oil Properties, Inc.

Charles Keller

#4 Avenue ofMid-America

Efflngham, IL 61920

Re:

LPC #1190850001

--

Piatt County

Bement/ Randy’s Shell

249 South Macon Street

LUST Incident No. 992516

LUST Technical File

Dear Mr. Keller:

The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the “High Priority

Corrective Action Plan Budget” (budget) submitted for the above-referenced incident.

This

budget, dated May 13, 2004,

was received by the illinois EPA on May 17, 2004.

Citations in

this

letter are from the Environmental Protection

Act (Act) and 35

Illinois Administrative Code

(35

ill. Adin. Code).

The budget

is rejected for the reason(s) listed

in

AttachmentA (Section

57.7(c)(4)

ofthe Act and

35

Ill. Adm

Code 732.405(c)

and 732.503(b)).

-

All future correspondence must be submitted to:

Illinois Environmental Protection

~gency

Bnreau ofLand

-

#24

Leaking Underground Storage Tank Section

1021

North Grand Avenue East

Post Office Box

19276

Springfield,

IL

62794-9276

Please submit all

con~espondencein duplicate and include the Re: block shown at the beginning

ofthis letter.

‘~

?004

EXHIBIT

Page 2

---

Page 2

Ifyou have any questions or need further assistance, please contactJohn Barrett at (217) 782-

4869.

incere .y,

Thomas A. Henni~er

Unit Manager

Leaking Underground Storage Tank Section

Division ofRemediation Management

Bureau ofLand

TAEI:JDB

-

Attachment:

Attachment A

C:

CW3M

Division File

---

87/89/2884

11: 2~

2175228889

CWM

PAGE

@3

Attachment A

Re:

LPC #1190850001

--

Piatt County

Bement/ Randy’s Shell

249 South Macon Street

LUST Incident No.

892516

LUST Technical File

Citations in this attachment are from the Environmental Protection Act (Act) and

35

Illinois

Administrative Code

(35

Ill.

Adm. Code).

1.

In accordance with Section

57.7(c)(4)

of the Act and 35

III. Adm.

Code 732.503(b), any

action by the Illinois

EPA to disapprove or modi~’

a plan or budget submitted pursuant

to Title XVI ofthe Act shall be provided to the owner or operator in writing within

120

days ofreceipt.

The IllInois E?A previously notified the owner or operator ofits

final action.

Further,

in accordance with Section

57.7(c)(4)

ofthe Act and 35

III. Adm.

Code 732.503(f), the

Illinois EPA.’s action to

reject orrequire modification ofthe plan or budget, or the

rejection of any plan or budget by operation oflaw, was subject to

appeal to the Illinois

Pollution

Control Board within

35

days after the Illinois EPA’s

final action.

JDB

---

BARNES &THORNBURG

Suite 4400

One North

Wacker

Drne

Chic,go, lUinon

60606-2809 USA.

(312)

357-1313

Carolyn

S.

Hesse

F~x(312)

759-5646

(312)

214-8301

Email:

chesse@htfaw.com

July

15,

2004

VIA

FACSIMILE

& FEDERAL EXPRESS

D~

R~CEIVE~

‘V!SIO~

Of

Leap,

~

Mr.JohnKim

,.

Illinois Environmental Protection Agency

JUL

i 6

2004

1021

North Grand Avenue East

E

Springfield, Illinois

62702

flVlronmefltal

Protectiofl

Agency

Re:

LPC#1190850001 -Piatt County

Bement /

Randy’s Shell

249 South Macon Street

LUST Incident No. 892516

LUST Technical File

Dear John:

On

July

8,

2004,

the

Agency

issued

a

letter

with respect

to the

above-referenced

LUST

Incident.

A new,

amended

High

Priority

Corrective

Action Plan

and

Budget were

submitted

to the Illinois

Environmental

Protection

Agency

dated May

13,

2004.

This

was

received by the Illinois EPA on May

17, 2004.

The document was submitted pursuant to

35

IAC Section

732.405(e) which states as follows:

If,

following approval of any

groundwater monitoring plan,

corrective action

plan or associated budget plan,

an

owner or operator determines that

revised

procedures

or

cost

estimates

are

necessary

in

order

to

comply

with

the

minimum required activities for the site, the owner or operator shall submit, as

applicable,, an amended groundwater monitoring plan, corrective action plan or

associated

budget plan

for review by

the Agency.

The Agency

shall review

and

approve,

reject

or

require

modifications

of

the

amended

plan

in

accordance with the procedures contained in Subpart E ofthis Part.

EXHIBIT

1

Chic:m~o

Elkbart

Fort Wa\’nc

lapolts

South BenJ

Woshmn~ron,

).~.

---

Mr.

John

Kim

July

15,

2004

Page 2

It appears that the Agency did not review these documents in accordance with the procedures

contained in Subpart E.

A copy ofthe letter from the Agency is attached.

Randy’s

Shell

believes

that,

based

upon

discussions

with

Illinois

Environmental

Protection

Agency and for other reasons, that we will be able to resolve the issues raised

in

the Agency’s letter.

However, we believe that we will not be able to resolve these issues by

the deadline for filing

an appeal of these issues to the Illinois Pollution Control Board.

Thus,

this

is a request for a 90-day extension pursuant to

the Illinois Environmental

Protection Act

Section 40(a)(1) and

35

IAC

105.406 to allow us to

continue these discussions and

to try to

resolve this issue.

If, for any

reason, the Agency

will not

seek

the 90-day extension,

please notif~’me

immediately

so

that

I

may

file

the

appeals

to

the

Board.

If you

have

any

questions

or

comments, please do not hesitate to contact me.

Sincerely yours,

BARNES & THORNBURG

LLP

~

~

Carolyn S. Hesse

CSHljmr

Enclosure

cc:

William Sinnott

Carol L. Rowe

227683v1

BARNES &THORNBURG up

---

CERTIFICATE OF SERVICE

I, the undersigned

attorney

at

law,

hereby certify that

on August

5,

2004,

I served

true

and correct

copies of a REQUEST FOR

NINETY DAY EXTENSION OF

APPEAL PERIOD,

by placing true

and

correct copies in

properly sealed and addressed envelopes and

by depositing

said

sealed envelopes in a U.S.

mail drop box located within Springfield, Illinois,

with sufficient

First

Class Mail postage affixed thereto, upon the following named persons:

Dorothy M. Gunn, Clerk

Carolyn S. Hesse

Illinois Pollution Control Board

Barnes &

Thornburg

James R. Thompson Center

Suite 4400

100 West Randolph Street

One North Wacker Drive

Suite 11-500

Chicago, IL

60606-2809

Chicago, IL 60601

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respo

nt

John .Kim

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois

62794-9276

217/782-5544

217/782-9143 (TDD)