)
PCB No.
05-
(LUST
—
Ninety Day Extension)
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 60606-2 809
Chicago, IL 60601
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,
Respo ent
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
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
KELLER OIL,
)
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
REc~vED
CLERK’S
OFFICE
AUG09
2004
STATE OF ILLU\rols
~~I~~flQflControl
Board
)
)
)
NOTICE
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
AUG
092004
OF THE STATE OF ILLINOIS
PolI~tionSTATE
OFControlILL~JOJSBoard
KELLER OIL,
)
Petitioner,
)
v.
)
PCBNo.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)(l) of the Illinois Environmental Protection Act (415
ILCS 5/40(a)(1)) and 35 Ill. 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 3, 2004, or any other date not more than a total ofone hundred twenty-five
(125) days from the date of service ofthe Illinois EPA’s final decision. In support thereof, the
Illinois EPA respectfully states as follows:
1.
On June 30, 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
has not represented when the final decision was received, though it would not have been received
earlier than July 1, 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 of any
hearing that maybe 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 forpetitioning for a 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
~7/14/2884
15:24
2175228809
CWM
F~GE 06
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRANb AVENUE ~sr, P.O. Box 19276,
SPR!NGFIEW,
ILLINOIS 62794.9275,
21 77823397
J~t~iEs
R. THOMPSON CENnR, 1 0~WuT R,~,ND0LpH,SUITE 11-300, CHICAGO~
IL 60601, 312-814-6026
RoD R. BLACOJEvICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
217/782-6762
CERTIFIED MAIL
?002 ~15O QO~O 1251 5Q~?5
JUN 3 0 2004
Keller Oil Properties
Attention: Charles Keller
P.O.Box 70
ti;
~UO4
Effingham, IL 62401
I)
Re:
LI’C #0490205003
Effingham County
Edgewood / Keller Oil
Route 57
LUST Incident No. 991768
LUST Technical File
Dear Mr. Keller:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority
Corrective Action Plan Budget (1*~dget)submitted for the above-referenced incident. This
budget. dated May 15, 2004, was received by the Illinois EPA on May 15,
2004.
Citations in this
letter are from the Environmental Protection Act (Act) and 35 Illinois Administrative Code (35
UI. Adm. Code).
The budget is rejected for the reasou(s) listed in Attachment A (Section
57.7(c)(4)
ofthe Act and
35 Ill. Adrn. Code 732.405(c) and 732.503~b)).
All future correspondence must be submitted to:
Illinois Environmental Protection Agency
Bureau ofLand
-
#24
Leaking Underground Storage Tank Section
1021 North Grand Avenue East
Post Office Box 19276
Springfield.. IL 62794-9276
Please submit all correspondence in duplicate and include the Re: block shown at the beginning
of this letter.
An underground storage tank system owner or operator may appeal this decision to the Illinois
Pollution Control Board. Appeal rights are attache&
ROC,,FOSD
— -4302 North Main Street, RockFord, IL 61103 — (81 5( 9
Harrison
Se., Des Plaines, IL 60016— (8471 294.4000
— S~5
South
State, C(~in,IL. 50123 —(847) 608-
j~y
3L~Peoria. IL 51614.. (309) 693.5463
EUREAL.. C)t LA”4D
- Ptr,R~A
— 7620 N.
Unis’ersicy
SI., Peoria, II. 61614 —(3
5 South FPr~tStreet, Champaign, IL 61820~-(217) 278.5800
— 4500 S. Sitth Street Rd.,
Springfield,
II. 62706 — (21
9 MalI Street, CollinavilIe.
IL
62234 —(618) 346.5120
MaRIoN
— 2309 W.
Main
18) 993.7200
EXHIBIT
Pc
~~lNTED
ON KECYCLED rAPCR
07/14/2004 16:24 2175228009
CWM
PAGE 07
Page 2
If you have any questions or need further assistance, please contact Carol Hawbaker at 21 7/782-
5713.
Sincerely,
Hairy
.
Chappél, P.E.
Unit Manager
. •. .
Leaking Under~oundStorage Tank Section
Division ofRemediation
Management
Bureau ofLand
HAC:CLH
Attachment; Attachment A
C:
CW3M
Company
Division File
@7/14/2004 16:24
2175228009
CWM
PAGE @8
Attachment A
Re:
LPC # 0490205003
-~
Effingham County
.
1~fiO4
Edgewood / Keller Oil
Route 57
LUST Incident No. 991768
LUST Technical File
Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois
Administrative Code
(35
UI. Adm. Code).
1. In accordance ~~‘ithSection
57.7(c)(4)
ofthe Act and
35
111. Adm. Code 731503(b), any
action by the Illinois EPA to disapprove or modify a plan orbudget submitted pursuant to
Title XVI ofthe Act shall be provided to the owner or operator in writing within 120 days
ofreceipt.
The Illinois EPA previously notified the owner or operatorofits final action. Further, in
accordance with Section 57.7(c)(4) ofthe Act and 35 flI. Adm.
Code 732.503(f), the
Illinois EPA’s action to reject or require modification ofthe plan or budget, or the
rejection of any plan or budget by operation of law, was subject to appeal to the Illinois
Pollution Control Board within
35
days after the Illinois EPA’s final action.
@7/14/2084 16:24
2175228009
CWM
PAGE 89
Appeal Rights
An under~ouridstorage tank owner or operator may appeal this final decision to the illinois
Pollution Control Board pursuant to Sections 40 arid 57.7(c)(4)(D) ofthe Act by filing a petition
for a hearing within 35 days after the date ofissuance ofthe final decision. However, the 35-day
period may be extended for a period oftime not to exceed 90 days by written notice from the
owner or operator and the Illinois EPA within the initial 35-day appeal period. If the owner or
operator wishes to receive a 90-day extension, a written request that includes a statement of the
date the final decision was received, along with a copy of this decision, must be sent to the
IllInois EPA as soon as possible.
For ~ni~rrnationregarding the filing ofan aope~l,please contact:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State
oflUinols Center
100 West
Randolph,
Suite 11-500
Chicago, IL 60601
312/814-3620
For information regarding the filing ofan extensIon, please contact:
Illinois Environmental Protect on Agency
Division of Legal Counsel
1021 North Grand Avenue East
Post Office
Box
19276
Springfield, IL 62794-9276’
217/782-5544
BARNES ÞBURG
Suitv 4499
One
NJrth
\Vacker
Drive
Chrcigi~
‘(ham
60606-2599 U S A.
Carolyn S. Hesse
012) 37-H13
(312) 2145~01
Ox (312) 759-5646
Eniai): chcssv’~9~ht1;imvcorn
July 15, 2004
~VED
D~vs~onof Legal Counsel
VIA
FACSIMILE & FEDERAL EXPRESS
JUL 16 2004
Mr. John Kim
Illinois Environmental Protection Agency
Environmental Protection
1021 North Grand Avenue East
Agency
Springfield, Illinois 62702
Re:
LPC #0490205003
-
Effingham County
Edgewood / Keller Oil
Route 57
LUST Incident No. 991768
LUST Technical File
Dear John:
On June 30, 2004, the Illinois Environmental Protection Agency issued a letter with
respect to the above-referenced LUST Incident regarding the High Priority Corrective Action
Plan Budget dated May
15,
2004, which was received by the Agency on May 15, 2004.
There is also an appeal pending before the Board related to this site. The Edgewood / Keller
Oil Facility is located in Edgewood, Effingham County, Illinois. A copy of the letter is
attached.
Keller Oil / Edgewood submitted this document 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
-
EXHIBIT
FhkHrt
Fort
Wmiyn~
____________________
s
South
FOOL)
\Voshjnyt n, 0 C.
Mr. John Kim
July
15,
2004
Page 2
and approve, reject or require modifications of the amended plan in
accordance with the procedures contained in Subpart E ofthis Part.
It appears that the Agency did not review these documents in accordance with the procedures
contained in Subpart E.
Keller Oil / Edgewood 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
CSH/jmr
Enclosure
cc:
William Sinnott
Carol L. Rowe
227829v1
BARNES ÞBURG ~
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,
Re nent
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)
