ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
NOTICE
OF FILING
To:
John Kim
Assistant Counsel
Special Assistant Attorney General
Division ofLegal Counsel
1021
North Grand Avenue East
P.O. Box 19276
Springfield, Illinois
62794-9276
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have today, August 20, 2004, filed with the Clerk
of the Illinois
Pollution Control Board an APPEARANCE OF F. RONALDS WALKER,
a copy ofwhich is herewith served upon you through United States Mail return receipt
requested.
Respectfully Submitted,
PLEWS
SHADLEY RACHER
&
BRA
F. Ronalds Walker, Atty No. 2922223
PLEWS SHADLEYRACHER
&
BRAUN
1346 N. Delaware Street
Indianapolis, Indiana 46202
Ph:
(317) 637-0700
Fax: (317) 637-0712
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
AUG
23
2004
JOHNSON OIL COMPANY, LLC,
)
)
Petitioner,
)
)
PCB No.
04-183
vs.
)
(LUST Appeal)
STATE OF ILLINOIS
Pollution Control Board
)
)
)
)
Respondent.
)
H
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFF~C~
OF THE STATE OF ILLINOIS
AUG
23
2004
JOHNSON OIL
COMPANY,
LLC
)
STAJE OF ILL~NOS
)
Pollution Contro’
~oarc
Petitioner,
)
)
PCB No. 04-183
vs.
)
(LUST Appeal)
)
ILLiNOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ATTORNEY APEARANCE
F. Ronalds Walker
an attorney with the law
firm Plews Shadley Racher &
Braun hereby
enters his appearance on behalf ofPetitioner, Johnson Oil Company,
LLC.
Respectfully Submitted,
PLEWS SH
DLEY RACHER
&
BRAJJN
F. Ronalds Walker, Atty No. 2922223
PLEWS SHADLEY RACHER
&
BRAuN
1346 N. Delaware Street
Indianapolis, Indiana 46202
Ph:
(317)637-0700
Fax:
(317) 637-0712
CERTIFICATE OF SERVICE
I, the undersigned attorney at law,
hereby certify that on August ~2004,
I served true
and correct copies ofthe AttorneyAppearance, by placing true and correct copies in properly
sealed and
addressed envelopes and by depositing said sealed envelopes in a U.S.
mail box with
sufficient postage affixed thereto,
upon the following named persons:
John Kim
Dorothy M.
Gunn, Clerk
Assistant
Counsel
Illinois Pollution Control Board
Special Assistant Attorney General
James R. Thompson Center
Division oflegal
Counsel
100 West Randolph Street
1021
North Grand Avenue East
Suite 11-500
P.O. Box
19276
Chicago, Illinois 60601
Springfield, Illinois 62794-9276
2
JOHNSON OIL COMPANY, LLC,
Petitioner,
vs.
)
)
)
)
PCBNo.04-183
)
(LUST Appeal)
)
)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
CLERK’S
OFFICE
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF FILING
AUG
232004
STATE OF ILLINOIS
Pollution Control Board
To:
John Kim
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand Avenue East
P.O.
Box 19276
Springfield, Illinois 62794-9276
DorothyM. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have today, August 20, 2004, filed with the Clerk
ofthe Illinois
Pollution Control Board an MOTION FOR ADMISSION OF JOHN D.
MORIARTY COUNSEL PRO HAC VICE, a copy ofwhich is herewith served upon you
through United States Mail return receipt requested.
Respectfully Submitted,
PLEWS SHADLEY RACHER
&.
F. Rónafds Walker, Atty No. 2922223
PLEWS SHADLEY RACHER
&
BRAuN
1346 N. Delaware Street
Indianapolis, Indiana 46202
Ph:
(317) 637-0700
Fax: (317) 637-0712
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
OF THE
STATE OF ILLINOIS
AUG
23
2004
JOHNSON OIL COMPANY,
LLC,
)
STATE OF
ILLINOIS
)
Pollution Control Board
Petitioner,
)
)
PCBNo.04-183
vs.
)
(LUST Appeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
MOTION FOR ADMISSION
OF JOHN D. MORIARTY AS
COUNSEL
PRO HAG VICE
Counsel for Petitioner Johnson Oil Company, LLC (“Johnson Oil”), R. Ronalds Walker,
an attorney licensed to practice in the State of Illinois, moves the
Court for an Order of
Admission
Pro Hac Vice
of John D. Moriarty, who is a duly licensed attorney in the
State of
Indiana, to serve as counsel for Johnson Oil.
An affidavit of John D. Moriarty is attached to this
Motion as Exhibit A and is incorporated by reference.
Respectfully Submitted,
PLEWS SHADLEY RACHER
&
BRAuN
F. Ronalds Walker, Atty No. 2922223
PLEWS SHADLEY RACHER
&
BRAuN
1346 N. Delaware Street
Indianapolis, Indiana 46202
Ph:
(317) 637-0700
Fax: (317) 637-0712
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on August
~,
2004,
I served true
and correct copies ofthe Motion For Admission ofCounsel
Pro Hac Vice,
by placing true and
correct copies in properly sealed and addressed envelopes and by depositing said sealed
envelopes in a U.S.
mail box with sufficient postage affixed thereto, upon the following named
persons:
John Kim
Assistant Counsel
Special Assistant Attorney General
Division oflegal
Counsel
1021
North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
DorothyM. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite
11-500
Chicago, Illinois
60601
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
JOHNSON OIL COMPANY, LLC,
)
)
Petitioner,
)
)
PCBNo.04-183
Vs.
)
(LUST Appeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
AFFIDAVIT IN
SUPPORT OF MOTION FOR ADMISSION
OF JOHN D. MORIARTY AS COUNSEL
PRO HAC
VICE
John D. Moriarty, being first duly sworn, upon oath, states as follows:
1.
I am a duly licensed attorney and counselor at law
admitted to practice, and
currently in good standing, in the State of Indiana.
My Indiana attorney identificationnumber is
19202-49.
2.
I plan to appear as counsel or associate counsel in one other case pending in the
State ofIllinois:
Johnson Oil Company, LLC vs. Illinois Environmental Protection Agency,
PCB 04-190.
I have not appeared in any other cases in the Courts or administrative agencies in
the State ofIllinois.
3.
I am familiar with the provisions ofthe Illinois Code of Civil Procedure and the
Illinois Supreme Court Rules,
and I understand and agree that I will be bound by them all in all
proceedings before this court in this cause.
4.
In particular, I am familiar with Illinois Supreme Court Rule 137 relating to
the
signing ofpleadings, motions and other papers and duties imposed upon litigants and
counsel,
and I understand and agree that I will follow and be bound by the provisions ofsaid Supreme
Exhibit A
Court Rule
137, and hereby submit myself to thejurisdiction ofthe court for any and
all
proceedings.
John D. Moriarty
PLEWS SHADLEY RACHER
&
BRAUN
1346 N. Delaware Street
Indianapolis, iN 46202
Ph:
(317) 637-0700
Fax:
(317) 637-0713
STATE OF INDIANA
)
)SS:
COUNTY OF MARION
)
-~
i-k
Subscribed and sworn before me this
~‘~O
day of
,
2004.
J~
ary Public
-
~
I
c ~
Printed Name
Commission Expiresf~
/2.2
/~i
2
R~CE1VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
OF THE STATE OF ILLINOIS
AUG 23
20O~
JOHNSON OIL COMPANY, LLC,
)
)
Petitioner,
)
)
.
PCB No. 04-183
vs.
)
(LUST Appeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
STATE OF ILLIMOIS
Pollution ControlBoard
NOTICE
OF FILING
To:
John Kim
Assistant Counsel
Special Assistant Attorney General
Division ofLegal Counsel
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois
62794-9276
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
PLEASE TAKE NOTICE that I have today, August 20, 2004,
filed with the Clerk
ofthe Illinois Pollution Control Board an AMENDED PETITION FOR REVIEW OF
FINAL AGENCY LEAKING UNDERGROUND STORAGE TANK DECISION a copy
ofwhich is herewith served upon you through United States Mail return receipt
requested.
Respectfully Submitted,
F. Ronalds Walker, Atty No. 2922223
PLEWS SHADLEY RACHER
&
BRAUN
1346 N. Delaware Street
Indianapolis, Indiana 46202
Ph:
(317) 637-0700
Fax:
(317) 637-0712
-
REC~VEb1
CLERK’S OFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
AUG
232004
JOHNSON OIL COMPANY, LLC,
POlluon~~3~d
Petitioner,
)
)
PCB No. 04-183
vs.
)
(LUST Appeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
AMENDED PETITION FOR REVIEW OF FINAL AGENCY
LEAKING UNDERGROUND STORAGE TANK DECISION
Petitioner, Johnson Oil Company,
LLC
(“Johnson
Oil”),
pursuant to Sections 40(a)(1)
and 57 .7(c)(4)(D)
of
the Illinois Environmental Protection Act (415
ILCS
5/40(a)(1)
and
57.7(c)(4)(D))
and 35
Ill. Adm.
Code 105.400-412, hereby requests that the Illinois Pollution
Control Board (“Board”) review the final decision ofthe Illinois Environmental Protection
Agency (“Agency”) in the aboye-referenced case.
In support thereof, Johnson Oil respectfully
states as follows:
I.
Facts
and Procedural History
1.
Johnson Oil formerlyowned and operated a gasoline service station on property
located at 901 North Vermilion Street, Danville, Vermilion County, Illinois
(the “Site”).
On
October 28,
1999, Johnson Oil reported a release ofpetroleum at the Site and the Site was
assigned Incident No. 992440.
Johnson Oil retained American Environmental Corporation
(“American Environmental”) to complete Site Investigation and
Corrective Action, including
preparation ofSite Investigation and Corrective Action Plans.
2.
On December 4, 2003, American Environmental submitted on behalfof Johnson
Oil a High PriorityCorrective Action Plan (“HPCAP”) and Budget forinvestigation to define the
extent offree product and contaminated groundwater, and for a pilot study to
evaluate the
Method of Soil Vapor Extraction to
remediate contamination.
3.
On March 12, 2004, the Agency issued
a Final Decision to Johnson Oil
in which
the HPCA.LP was approved with modifications to the Budget, a copy ofwhich is attached hereto
as Exhibit A.
4.
On April
13, 2004, Johnson Oil made a writtenrequest to the Agency for an
extension of time by which to file a petition for review.
The Agency joined in Johnson Oil’s
request that the Board extend the period for filing a Petition for Review to ninety days, a copy of
which is attached hereto as Exhibit B.
5.
On May 6, 2004 the Board entered an Order granting Johnson Oil an additional
ninety days, up to and including July
15,
2004 to file the Petition for Review.
A copyofthe
Order is attached as Exhibit C.
6.
Johnson Oil filed its Petition for Review on orbefore the July
15,
2004.
On July
28, 2004, the Board entered an order requiring Johnson Oil to
file an Amended Petition for
Review accompanied by the appearance ofan attorney on or before August 23, 2004.
A copy of
the Board’s Order is attached as Exhibit D.
II.
The HPCAP and Budget
—
The grounds for the Petition for Review are as follows:
Johnson Oil’s consultant, Simon P. Broomhead, P.G. ofAmerican Environmental,
prepared the December 4, 2003 HPCAP and Budget in accordance with the Environmental
Protection Act (“Act”) and regulations, in addition to
generally accepted engineering practices.
Mr. Broomhead is a Licensed Professional Geologist with ten (10) years experience in the
environmental consulting industry.
The HPCAP detailed the procedures necessary to define the
2
extent ofresidual contamination and
evaluate the proposed method of corrective action.
In
accordance with 35
Ill. Adm. Code 732.404(f), the Budget included an estimate of all costs
associated with the implementation and completion ofthe Corrective Action Plan.
The Budget
also included personnel costs for activities which had been completed and for which copies of
invoices were provided to
document such costs.
These costs were reasonable and were
necessary to achieve the applicable remediation objectives.
The personnel activities
included in
the Budget consisted of:
•
Free product recovery, monitoring, and report preparationcompleted throughout
the Site Classification
and Corrective Action Investigations,
•
Obtaining permits and access agreements for neighboring properties and right-of-
ways,
•
Aquifer testing and risk-based contaminant modeling to calculate remediation
objectives,
•
Preparation ofCorrective Action Plan and Budget,
•
Complicated drilling at greater-than-typical depths
in a highlypermeable, heaving
sand,
•
Preparation ofreimbursement claims,
•
Completion ofadditional investigation, including
soil and groundwater sampling,
and free product monitoring, and
•
Completion ofa pilot study to evaluate the method ofSoil Vapor Extraction for
the remediation ofresidual contamination.
3
III.
Budget Expenses That Were Improperly Disallowed
The Agency approved the HPCAP by letter dated March
12, 2004 to Johnson Oil.
However, the personnel costs in the associated Budget were modified downto
an unreasonable
level with no justification for the reductions.
The Agency improperly reduced the Budget for
personnel costs from $49,780.25
to $14,000.00 with no technical justification.
The amount
approved ($14,000) was less than necessary to
complete the required Corrective Action.
Furthermore, portions of the personnel
costs in the amount of $29,224.25 were already
completed and appropriate documentation was provided to the Agency.
Mr. Broomhead and
other qualified environmental consultants will testify that the approved Budget for the HPCAP is
vastlybelow industry norms, is not reasonable, and violates 35111.
Adm. Code 732.5 05
and
732.605.
Furthermore, the HPCAP cannot be implemented with the unreasonably small Budget
approved by the Agency.
The Budget approved by the Agency is unreasonable,
is arbitrary and
capricious, and does not account for the several investigation and corrective action activities
which were proposed in the approved HPCAP.
In addition, upon information and belief,
Johnson Oil alleges that the Agency improperly
utilized
certain rate sheets
to reduce the Budget.
These rate sheets were not promulgated
pursuant to
the Illinois Administrative Procedure Act (APA) and Illinois Ayers Oil Company vs.
IEPA, PCB 03-214.
Thus, the Budget approvedby the Agency is invalid
and is
arbitrary and
capricious.
WHEREFORE, Petitioner, Johnson Oil Company, LLC, for the reasons stated above
and
others that may be discernedthrough the course ofdiscovery, requests that the Board reverse the
Final Decision ofthe Agency and restore the personnel amount as submitted in Johnson Oil’s
4
Budget associated with the December 4, 2003 HPCAP and award consultant and attorney’s fees
pursuant to 415
ILCS
5/57.8(1)
and 35
Ill. Adm. Code 732.606(g).
Respectfully Submitted,
PLEWS SHADLEY RACHER
&
BRAUN
F. Iton’~lds
Walker, Atty No. 2922223
PLEWS SHADLEY RACHER
&
BRAUN
1346 N. Delaware Street
Indianapolis, Indiana46202
Ph:
(317) 637-0700
Fax:
(317) 637-0712
5
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on August
~~004,
I served true
and correct copies of the Amended Petition For Review Of Final Agency Leaking Underground
Storage Tank Decision, by placing true and correct copies in properly sealed and addressed
envelopes and by depositing said sealed envelopes in a U.S. mail box with sufficient postage
affixed thereto, upon the following named persons:
John Kim
Dorothy M. Gunn, Clerk
Assistant Counsel
Illinois Pollution Control Board
Special Assistant Attorney General
James R. Thompson Center
Division oflegal
Counsel
100 West Randolph Street
1021 North Grand Avenue East
Suite 11-500
P.O. Box 19276
Chicago, Illinois
60601
Springfield,
Illinois 62794-9276
6
Ph
—4-
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
1021
Noi~ii-~
Giw~AV~NU~
EAST?•
P.O. Box 19276,
SPRJ~FIEw,
IWNOIS
62794-9276, 217-782-3397
JAMES
R. ThoMPsoN
CENTER,
100 WEST
RANDOU’I-I,
Sunt
11-300,
CHlc~co,
IL 60601,
312-814-6026
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/782-6762
CERTIflED MAlL
?t102
31513
13flt10
1255
4913
MAR
Johnson Oil Company, LLC
Attn; Rick Johnson
P.O. Box
27
Columbus, iN 47202
Re:
LPC#1830205196--Vermilion
County
Danville/Jolinson
Oil Company
901 N. Vermilion St.
LUST Incident No. 992440
-
LUST
Technical
File
Dear Mr.
Johnson:
The Illinois
Environmental
Protection
Agency (Illinois
EPA)
has reviewedthe AmendedHigh
Priority
Corrective
Action
Plaii (plan) submitted
for
the
above-referenced incident
This
plan,
dated
December4, 2003, was
received
bythe
Illinois
EPA
onDecember
5,
2003.
Ci.tations in
this letter are from the Environmental
Protection Act
(Act) and
35 Illinois Administrative Code
(35111.
AcIm.
Code).
Pursuant
to
Section
57.7(c)(4)
ofthe Act
and
35111. Adm.
Code
732.405(c),
theplan is approvecL
The
activities proposed
in the plan
are
appropriate to demonstrate ci~mp1iance
with Title
XVI of
the Act
and
35
).1.
Adm.
Code 732.
Please
note that
au
activities associated with the remediation
of
this release
proposed in the
planimist
be
executed in accordance
with all applicable
regulatory
and statutory requirements, including compliance with
theproper permits.
In addition, thebu~Iget
for
the High
PriorityCorrective
Action
Plan is modified
pursuant to
—
Section 57.7(c)(4) ofthe Act and.
35111.
Aiim.
Code 732.405(c).
Based on the
modifications
listed
in Section 2
ofAttachment
A, the
amounts listed
in
Section
1 of
AttachmentA are
approved.
Please
note
that the costs must
be
incurred in accordancewith
the approved plan.
Be
aware that
the
amount
of
reimbursement
maybe
limited
by
Sections
57.8(e),
57.8(g)
and
57.8(d)
of the
Act, as well as
35111,
Adm.
Code 732.604,732.606(s),
and 732.611.
Exhibit
-
A
RccKFoeo —4302 North Main
Street,
Rocklord,
1L 61103
-.
(815) 987-7760
•
DES
Pu~mits
-.
9511 W.
Harrison
St.. Des
Plaines, IL 60016—1547)
294-4000
•
Ew;~
—
595
South
State,
Elgin, IL 60123—
(847) 608-3131
•
PEORIi~—5415
N.
University
St.,
Peoria,
IL
61614—
(309) 693-5463
BUREAU OP
LAND.
Ptoer,’~
—
7620 N.
University St.,
Peoria,
IL 61614— ~309)693-5462
•
CHAMPAIGN
—
2125
South
Pirst Street, Champaign,
JL 61820—(217)278-5600
SPRINGFIELD
—4500 S.
Sixth
Street Rd.,
Springfield,
IL 62706—
(217)
7B6-6892
•
COWNSVJLLE
—
2009
MalI Street,
CoIiInsvIIIe,
IL 62234—(618) 346-5120
MARION
—2309W. Math St.,
SuIte
116,
Marion,
IL 62959 —(618)993-7200
C
I’
FRIx1so ox
RECYCLED
PAPER
Page 2
All
future
correspondence
must
be submitted to:
Illinois Environmentai
Protection Agency
Bureau ofLand
-
#24
Leaking Underground Storage Tank
Section
1021
NorthGrand
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.
Anunderground storagetank system owneror operator mayappeal this
decision to the illinois
Pollution Control Board.
Appeal Tights are attached.
Ifyou have
any questions
or need
further
assistance,
please
contact Scott
McGill at (217)/524-
5137.
Sincerely,
c~4Ve~J;~
~
CliffordL. Wheeler
Unit Manager
Leaking Underground
Storage
Tank
Section
Division of
Remediation Management
Bureau
of
Land
Attachments:
AttachmentA
Appeal Rights
cc:
American EnVironmental Corporation
Division File
•
-
Attachment A
Re:
LPC # 1830205196
--
Vermilion County
• Danville/Johnson
Oil
Company
~
•
~
::;--~
•
•
-
901 N.
Vemiilion St.
•
LUST
Incident No. 992440
LUST Technical
File
Citations
in
this attachment are from theEnvironmental Protection Act (Act) and 35 Illinois
Administrative
Code (35 Iii.
Aiim.
Code).
SECTION 1
The budget
was
previously approved for:
$24,008.40
Investigation Costs
$3,030.00
Analysis Costs
$46,296.50
Personnel Costs
$2,465.00
•
Equipment
Costs
$6,190.10
Field
Purchases and Other
Costs
$3,076.00
Handling Charges
As
a result ofthe Illinois EPA’s modification(s) in Section 2 of
this Attachment
A, the
following
-
amounts
are approved:
••
‘
•.
•.:
•
$9,191.02
Investigation
Costs
$2,056.00
Analysis
Costs
$14,000.00
Personnel Costs
•
$1,815.00
Equipment Costs
$5,799.80
Field
Purchases and
Other Costs
$13,411.02
Handling
Charges
Therefore, the total cumulative budget is approved
for:
$33,199.42
Ii~vestigation
Costs
•
—
$5,086.00
Analysis Costs
$60,296.50
Personnel
Costs
$4,280.00
Equipment Costs
$11,989.90
Field Purchases and Other Costs
$16,487.02
Handling Charges
a.,.
SECTION
2
-
$43.00
for excessive analysis
costs.
These costs are for activities in excess ofthose
necessary
to
meet
the
minimum
requirements
of
Title XVIofthe Act
(Section
57.5(a)
of
the Act
and
35
fli. Adm. Code 732.606(o)).
Costs associated with TCLP
lead were reduced to $16/sample.
The analysis costs
were
reduced from
$2,100.00 to $2,056.00.
2.
$35,780.25
for excessivepersonnel costs.
These costs
are
for activities in excess ofthose
necessary to
meet
the minimum requirements ofTitle XVI of
the
Act
(Section
57.5(a)
of
the Act
and
35
Ill. Adm. Code 732.606(o)).
The Agency has
reviewed the
activities
to be
completed
as
part
ofthe
plan and
approved
a
reasonable amount
ofpersonnel
dollars for
this
effort.
We do not specify
number
of
hours
or
type
of
personnel
expected to completethe
proposed activities, only a reasonable total amount.
How
a consultant chooses to
use this
amount
(type of
personnel
used and
number
âf
hours)
is up to them as long as the
approvedtotal
amount
is
not exceeded
and
thepersonnel
rates
are reasonable.
•
Appeal Rights
An underground storage .tapk owner or op~ato~iay
appeal This final
decision to the
illinois
Pollution Control Boardpulsuant to Sections
40
and 57 7(c)(4)(D) ofthe
Actby
filing
apetition
for a heanng
within
35
days after
the
date
of
issuance
of
the final
deciSion
However,
the 35-day
period maybe extended for a
period
ofdine
not to e*ceed9O
‘days
by~itten
notice
from the
owneroroperator and the illinois EPA-within theinitial
35-day
appeal period.
Ifthe
owner
or
•
operator
wishes
to receive a 90-day extension,
a writteii
request
that includes
astatement
ofthe
date thefinal decision was received, along
with
a copy of
this
decision,
must be sent to the
Illinois EPA as soon as poss~b1e.
•
For information regarding the
filing
of an appeal,
please contact:
Dorothy Gunn, Clerk
-
Illinois Pollution
Control
Board
Stale of
Illinois
Center
100
West Randolph, Suite 11-500
Chicago, IL
60601
312/814-3620
-•
•
For informationregardingthe filing
ofan
extension,
please
contact:
•
Illinois Environmental Protection Agency
-
Division ofLegal
Counsel
1021
North Grand
Avenue
East
Post
Office
Box 19276
Springfield, IL
62794-9276
217/782-5544’
E
m
0~
-~
00
BEFORE THE
POLLUTION CONTROL BOAR)
•
OF
TIlE
STATE OFILLINOIS
JOBNSON
OIL
COMPANY,
V.
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
•
Respondent.
DorothyM. Gunn, Clerk
•Illinois Pollution
Control Board
hines R.
Thompson
Center
100 West Randolph Street
Suite
11-500
Chicago, IL 60601
)
)
)
)
)
)
NOTICE
PCBNo.
04—’
(LUST
Appeal
—
NinetyDayExtension)
Simon?.Broomhead, P.G.
American Environmental Corp.
3700 West
Grand
Avenue
SuiteA
Springfield, IL
62707
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 OP APPEAL
PBRI9D,
copies ofwhich
are
herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMPNTAL PROTECTIONAGENCY,
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: April 13, 2004
1’
ExJiibit
B
A.
IIEFORE
TI~IE
POLLUTION CONTROL
BOARD
OF
THE
STATE OF
ILLINOIS
JOHNSON~
OIL COMPANY,
)
Petitioner,
)
v.
)
PCBNo.04-
ILLINOIS ENVIRONMENTAL
)
(LUST
Appeal
-
Ninety
Day
Extension)
PROTECTION AGENCY,
)
Respondent.
)
REOUEST FOR
NINETY DAY EXTENSION
~APPEAL
PERIOD
NOW COMES
the Respondent,
the
Illinois Bnvfromnental Protection Agency (“Illinois
EPA”), by one ofits
attorneys, John J. Kim, Assistant Counsel’and Special Assistant Attorney
Gcneral,.and,
pursuant
to
Section
40(a)(1) of
the Illinois Environmental
Protection Act
(415
ILCS
5/40(a)(1))
and
35
III.
Adni.
Code
105.208,
hereby requests
that th~Illinois
Pbllution
Control Board
(“3oard”)
grant an.
extension ofthe
thirty-five
(35) day period for petitioning for a
hearing to
July
15,
2004,
or
any
other
date not more
than a
total of one
hundred
twenty-five
(125)
days
from
the date oftheIllinois
EPA’s
final decision.
In support thereoi
the Illinois EPA
respectfully
states
as follows:
1.
On
March
12,
2004,
the
Illinois
EPA
issued
a
final decision
to
the Petitioner.
(Exhibit A)
2.
On April 13, 2004, thePetitioner made a written request to theIllinois
EPA
for
an
extension of
time
by
which to file
a petitionfor review,
asking
the illinois EPA
join in
requesting
that the
Board
extendthe-thirty-five
day
period for, filing a petition to
ninety
days.
The Petitioner
did
notrepresent
whenthe final
decision
was
received.
(Exhibit B)
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
thatmaybe necessary to resolve
this matter.
I
-
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
thethirty-five
day
period forpetitioning
for a hearing.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
JOb
Assistant Counsel
Special Assistant Attorney General
Division
of
Legal
Coi.msel
1021
North
Grand Avenue,
East
P.O. Box 19276
Springfield,
Illinois 62794-9276
217/782-5544
217/782-9143 ~fDD)
Dated:
April
13,2004
This filing
submitted
on
recycled
paper.
2
m
C)
V.
Respondea~L
LLR~OIS
POLLtmON QQNTh.OL
BOARD
May6, W04~
)
)
).
)
)‘H.
?C004-183
)
(OSTAppe4)
(9O-D~yExtetxsiou)
)
)
)
On
April
15,20
the parties
timely
filed
ajoint.notice to extend the
35-day
period
within
width
Jo1~son
011 Company may appeal aMardi .12,2004detenuinatlon
of
the
Illinois
Eavironrn~ital
Protection Agency (Ageixèy),
See
41
~LCS 5/40(a)(l)
(2002);
35
IlL Adin. Code
105A02,
105,406.
The Agency approved petitlon&stended hi~b.
pIiO±Y
cotectiye action
plan, ‘withmDC1IflCM~QnS,flit Thhnson Oil. Company’s leaking underground pelrolaintstorage
tank
facility loqated at 901
N.
Vexmilion St~
DanvWe~
Vcmilion County.
The Boapl extends
the apjeal peziod until July iS, 2004,
as theparties request
See 415 ILCS 5140(aXl) (2002);
35
lit Adn Code 105.406. If
Johnson
Oil Company fajis to file an appeal on or before that date,
the Board will dismissthis vase and close thedocket•
‘..,
IOIJNSON OILCOMPANY,
Petifion~c
•XEUNOIS ENVIRONMENTAL
PROTECTION
AGENCY,
•
RECEiVE9,.
T
MAY10
JOH1~ONVENtU~E~4
~.
ORDER
OF THE
BOARD
(by 32. Novak):
IT IS
SO
ORDER
P.
I,
Doxvtby
a
Gunn1
Clerk
ofthe Illinois Poflulion Control Board, cert1~y
that
the
Board
adopted
the
above ordew on May6, 2004,
bSravote
of5-0.
A.~
__
1
1.
Dorothy
M.
(3uzm, CleRk.
Illinois PoilutionQoatrol Board
•
Exhibit
C
$~PR—13—2~g4
jØ:38
i?7829~7.
21??B29~7
P. ~3/~7
ø4(1W2~4
@9:28
2175859518
PAGE
~
e
)LLINOfS
ENv:RoNM~NTAL
PROTECTION
AGENCY
-~
..-~..
-
----P
1021
No~r~
GRAND
/SV~iUE
EAST,
P.O. Box 19~76,
SPR:NaFIELD,
1UJNOIS
62794-927(~,217-782~3397
J~M~s
R.THo~1pSQNCEN1~
100
WEST
RAN~áLFHI
Surrr
I
1.300,
CHIcAcO,
IL
60601, 312-814-~O26
R6r
R.
BLACO)EVJCM,
Gov~RwoR
RaNE~
CIPR~ANO,DIRECTOR
217/782.6762
CERTIFIED
MAIL
?~U?~1~D
DIJErn 1~~49~
~4AR~22Oft4
Thimson Oil Conipa~iy,
LLC
Atm: RickJohnson
Box 27
Cohunbus, Th~
47202
‘R.e:
U’C#lg302O519~—VcnxmilionCounty
Dville~Tobrison
Oil Company
901 N. Venni1i~n
St.
LUST Incidevt No. 992440
LUST
Technical File
~)er Mr. Johnson~
The Illinois Envji~nmenta3
Protcctio~nA~cn~y
(Illinois EPA) lisareviewed
the Amended High
Priority
Corrective Action
Plan (plsn) ~nbmittedfar
the
above-referenced incident.
This
plan,
dated
Dc
inber 4,2003,
waa receivedby theillinois EPA on December
5, 2003.
Chatiori~
in
this Jetter are from
the )3xivironmwital
Protection
Act (Act) and
3$
Illinois Administrative
Code
(~S
Dl.
Mm.
Code).
Pursuant to, Section 57.7(c)(4) ôftb~
Act arid
35 ILl.
Mm.
Cotle 732.405(c). theplan
is approved.
The activities proposed in
the p~an
are
appropriate to denicn~strate
compliance with Tite
XVI of
the Act and
35 111.
Adm.
Code 732.
Please
notethat all activities associated
with
the remediatiox~
ofthis release pr~~posed
in theplan mristbe executed in accordance with all
applicable re~n1ato~y
sr~d
statutoryrequirements,
~noludin~
compliance with theproper pemiits..
In additiori, thebudget for the High
Priority Corrective ActionPlan
is modified
pursuant
to
Section
57.7(e)(4)
oftheAct and
35111. Mm.
Code
732.405(c~).
Eased
on themod
CatiQxls
listed in Section 2
of
Attachment A1 themncunts listed in Section
1 of
Aftaolmiexjt A are
approved.
~leaaenote that
the costsmust be
neunred in
accordance
with
the approved plan.
Be
aware that
the
amount of
reimbttrsenrent maybelimited by Sections 57.8(e), 57.8(g) and
57.8(d)
ofthe
Act, as
well as
35
III. Admn.
Code
732.604~
732.606(s),
~uad
732.611.
.R~E0—4302 Nonh
Main
S~!,RQ~kfD~,
IL 61103 —616)
~
I
Klniwn
SL
OCS
~
~L
G0015—
(84~294~0O0
—
59J
SOUth
Stall, E1~In,
IL
60123 —(647) 6OS~
ty
st.
Penda
IL
&~&14
—
t~3o9)
693-S4.~3
Rua~w
O~
LAND
-
PEOrUA
.-
75~o
N.
Unk~r~l~y
St.,
P~ork~.
IL
~1
614—(~
____________________
S
South )9r~t
5t~eet,Oiampa1~n,
IL 61 ~20
—
~
45006. SIxth ~ti~t
R,~t.,
S~i4hgE1etd,6. 62?4)6—. C~t~
Mall Street.
CollIn5viHe, II.
62~34
(616)
34~i-51~
M.,Juei~
-2309W.
Ma1s~________
~ij
~XI1IBJT
~
H
___
H
CN
APR
13
2884
1e~
~
jr?r~9ea7
-
217702980?
P.84/0?
04/13f2084
09:23
2175859513
A.EC~~
PAGE
04
Page
2
All Thtu~re
ccuespondencc must be
submitted
to:
Illinois ThMronnientat Protectibn
Agency
Bureau
of
Land
-
#24
Leaking Undèrgro’und StorageTank Section
1021 North Grand
Avenue East
Post Office Bex 19276
Sptgfiel4~,
IL
62794-9276
Please submit
21) correspond~ice
in duplicate
and include the
Re:blocilc
si-town
at the
beginning
of
this letter.
An
nndergromid
storage tank
system owner oroperator
may
appeal this decIsion
‘to
theIllinois
Pollution Control Board.
Appeal rights areattached.
Ifyou hgva any questions or
need frrtljer assistance,please contact ScottMcGill at (217)1524.
$137.
Sincerely,
Clifford L. Wheeler
-
Unit Manager
Leaking UndergroundStorage Tank Section.
Division
ofRemediation Management
Burbau
ofLand
Attachments:
AttaclunentA
Appeal Rights
cc:
At~erican
Exwiu,wnental CorporaliQn
-
Dlvisjoxijjie
C
‘
c~R-i3-2~4
jØ:y~’
2177G29~7
P.05,5?
~4/~2f
2804
09:28
21758595~.8
AEC
PAGE
-05
•
Attachment
A
Re:
L?C #
It
830205196
—
Vermilion
Co~inty
Wlloheson Oi
Cempany
901
N. Vemtiuion St
•
LUST ThcklevtNo. 992440
LtST~coimica11flc
Citatk,n,s
~
this
ta~hn~ent
~xe
from
the
Thivironmenta1 Prntection Act (Act)
and 35 Illinois
Ach~ini~tratjve
Code (35 Til. Mm.
Code).
S~CTION.1
Thebudgetwas
previously
approved for
$24,0Ô8.40
J.nvestigation
Costs
$3,030.00
.
Analyss
Costs
$46,296.50
~imel
Costs
S2,4~.00
Equipment
Costs
$6,190.10
Field P~irehss~s
and Other Costs
$3.076.00
Xisndling Ckrges
As
a result
ofthe
Illinois
EPA’s
modi~catioxi(s)
it~
Section
2 ofthis
Attacbr.mex~t
A, the following
amounts are approved;
$9,91.02
Investigation Coats
$2,056.00
Analysis Costs
$14,000.00
Persormel
Costs
$1,815.00
Equipment
Costs
$5,799.80
FicldPurchases and
Other
Costs
$13~41
1.02
Handling
Charges
Therefore,
thetotal
eumniative
budget is
approved
f~
$33,199.42
Investigation Costs
$5,086.00
Analyths
Costs
$601296.5b
Personnel Costs
$4,280.00
~quipmentCosts
S11,989.90
Field
Purchases and Other Cp~ts
$16,487.02
~andiing
Charges
“
APR—1~-~øg~
.
~77~9~7
p
06/37
•
ø4/13/2~O4
~9:28
217585~5aS
PAGE
-~
~ECI1O~
1,
$43.00 for
e~wessive
ax,alysie
costs.
These
costs
are for
ni~tivities
in
excess
of those
necessary
to rrièet
the
minimum
requirements
of
Tftlc XVI oftheAct (Section
57.5(a)
of.
the Act and 35 IlL ,A~dm.Code 732.606(o))~
Costs associated with
TCLP
lead were reduced to $16/sample.
The
anaiysis casts
were
redt~ced
froni
$2,100.00 to $2,056.00.
2.
$35,780.25
for excessive
personnel costs.
These
costs ~re
for
activities in excess ofthose
ceesaryto meet
thex~iinimnm
requirements
ofTitle XVIofthe
Act (Section
57.5(a)
of.
the
Act and
35 Iii.
Adni.
Code
732.606(o)).
The Agency
has
reviewed tbe
acdvilies
to be completed as
part
t~f
theplan and
approved
a
reasonable amount
of
personneldollars i~r
this effort.
We do not epeci:f~y
number oThours
or
type ofperscrnnel expected
to complete the
propose4 aotivities~
only a
rcasoiiabletotal amount
How a consultant
chooses to usethis
amount (type of
personnel used and number ofhours)
is up to them as ‘ong as the
approved total amount is not exceededand the personnelrates are rcascrnable.
~PR—i~--2~4
~
1r?82~Se7
21’?7829G~7
~/13/2øe4 ~9~28
217~85961~
PAGEB7
Appea1Ri~hts
An undsr~ouM
storage
tank owner oroperatorn~ay
appeal this ñnal deciskrn
to the
flxis
Pollution
Control
~oard
pursuant
to
Sections 40
~rjd
57.7(c)(4)(fl)
ofthe Act by sling a petiticni.
lox
a heaiing within
35
days
afwrthedate ofiasuanoe
olthe
final decision.
1Thweve~
the 35-day
•
periodmay
be
extended ~foraperiod of
thne
oot to exceed
90
days by written
3Jotice
from
the
owner
or operator
and the Illinois EPA within
the
initial
35-day appeal period.
Ifthe owneror
operator
wishes
to
receive
a 90-day extension,
a written
request
that includes a statement of
the
•
date thefrjal decision
was
recthved,
along with
a
copy
ofthis deoision~
most
be scot to
the
Illinois
EPA
as
soon a~
possible.
For
infomistion regarding
the
flung
ofno
~peal~please contact:
Y)orothy Goon, Clerk
Illinois
Pollution
Control Board
State
ofIllinois
Cemter
100 WestRaodoiph~
Suite 11-500
Chicago, IL
60601
312/814-3620
Foripfonnaiion regarding
the
~iing
ofan
extension,
j~~leass
contact:
fllinois
EnvironmentalProtection Agency
Division ofLegal Cou,nscl
1021
North Grand
Avenue
East
Post
Office Box
19276
Springfield, ~
62794-9276
217/782-5544
TOThL
P.W?
‘I’
APR—t~—2004
~:
•
2i’?7829807
P.
84/13/2084
09:28
217585S518
AEC
PAGE
02
knerican
Environmental
J~
S~)flJ1
riflaid Rguh,nRI
Ofl~ee
April 13,2004
Illinois Environmental Protcetion Agency
VIA I~AC&MILE
Attn:
John ICirn
782-9807
Division of
Legal Counsel
1021 North Grand
Avenue
East
P.O. Box I~276
Springfield, IL
4~2794-~9276
Re:
Request forJ~xtejzsJon
for
Pe1~t~nilng
theI~CB
•
LFC #18302051.96
—
Vermilion Cennty
Johnson 0±1
#147-
DanvIlic/Joboson O~1
Con~any,
LLC of
Indiana
•
901
NorthVermilion Street
LUST EucideutNo, 992440
American Euvironniental Project
Number 207012
-
DearMr,~itn
Johnson Oil Company,
LW of Indiana (‘Johnson 0il~’),
requesta that the Illinois
Environmental
Proteoi~on
Agenoy
rA~n~r)
join them in requesting a
90-dai w~tanthon
to
the 35-day deadline
for
filing
a
petitionfor a. hearing before tl~e
Illinois Pollution Control Board
(1PCB).
Tliis request
is
being madeto preserve Johnson
Oirs
right to appeal the
Agency
decision
containedinaMarch
12,
2004
letter regardinga December
4,
2003
Corrective Action Plan
and
Budget for the above
referenced
LUST
incident. A copy
oftheAgency
letter
is
attached.
-
The additional
time is needed
for
American
Envirqnmental
to
aubtxiit infortxiation
and a
request
for the Agency to reconsider
aome of
their budget
deductions.
If
necessary, we will also meet
~viththe
Ag~n
eff
to
resolvethe
swithoutthc
need
ta
formal petition
request
Please take the
necessary action
to
file
this
extension request before the
35~-day
appeal time
expires
on
April
16, 2004.
If you need
additional information,
please advise.
-
•
~incere1y,
AMJ3RJCAN ENVIKQNMBNTAL
CORPORAflON
Simon
P. Broomheat~,
P.G.
PrqjectManager
pe:
EickJo1tnaw~.
Johnsozi
Oil Company, LLCofIndiana
•
Eiiclo~ure
Corporate Dflioe
Regional
Office
Rsgio~eI
Office
0e~ tawn
P~c~
idlaneeclis
IndIans 46269.1547
317-B7i-4~no
317-571-4094
Fax
3700W. ~ar~dP.v~.8ta. A
Spr~no~aid.
II. 82707
2t7.626-9517
217-6~s-$~1fl
Fax
410
Prcductlon Cct~
L~~c~vifl~,
KY 40269
5O~.491.014.1
e02481.~271Fax
CERTIFICATE OF
SERVICE
I, the
undersigned attorney
at law, hereby
certify that on. April
13, 2004,1 served
true and
correct
copies of a REQUEST
FOR NINETY DAY E)~TENSIONOF
APPEAL
PERIOD, by
placing
true
and
correct co~ics
in
properly sealed
and addressed
envelopes
and. by
depositing
said
sealed
envelopes in a U.S. mail drop box located within Springfield, Illinois, with su~cient
First Clas~
Mail
postage affixedthereto, upon the following
namedpersons:
Dorothy M. Gunn, Clerk:
•
Simon P. Broomhead,
P.G.
Illinois Pollution Conirol Board
American Environmental Corp.
James B.. Thompson Center
3700 West
Grand
Avenue
100
WestRandolph Street
Suite
A
Suite 11-500
Springfield, IL
62707
Chicago, IL. 60601
ILLINOIS ENVIRONMENTALPROTECTION
AGENCY,
Assistant Counsel
Special Assistant Attorney General
Division ofLegal Counsel
1021 North GrandAvenue, East
P.O.Box 19276
Springfield, Illinois
62794-9276
217/782-5544
217/782-9 143
~IDD)
Exhibit
D
..JUHN~UN
PA6E:
62/~3
flv!D~
ILLIISIOIS POLLUTION CONTROL BOARD
irtily
22, 2004
JUL
28
2004
JORNSON OIL COMPANY,
JOH~ISON
VENTURES,
I~Q.
V.
)
PQB 04-isa
)
.(USTAppea-t)
ILLINOIS ENVIRONMENTAL
)
PROTECTION
.~WENCY,.
)
)
Respondent.
)•
ORDER
OF
TIlEBOARD (byJ.P. Novak):
On May 6, 2004,
the
Board, at
the parties’ request,
extended
until ~tu1~’
15,2004 thetime
• period~with~ri
Which
Jo1~son
Oil
Company
mayâ~peal
a
March
12, 2004
detexruination
of
the
•
Illinois Envlro~montal
Protection Agency (Agency)..
1S~e41~
ILCS
5/40(~)(1)
(2002);
35
in.
•
~dn~..Code
105.406.
On
July
15,
2004, Johnson Oil Company flied a. petition asking tireBoard
to
revibw
the Agen~)y’s
detemin~tiori..
The Agency
apprqvedpdtitjoner’s
amended high priority
co~xectiva
action
plan
and
budget, with modifications, for Tohnson
Oil
Company’ a
leaking
underground
petro1~um
storage
t~nk
facility
located
at 901 N. Venniliori
St.,
DanvUl; Vermilion
Coiji’.:
j•.,i•_
~.
•.
~
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,;..,
•
ii~•
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.
•
~.
.
Jo1~r~on
Oil
Company
appea1~s
Q~.
thegrounds
that the
budget
~.pfroved
~yth~ Agency
is
arbilrary, capricioi~
and
not.based
on
correctiveaction
aetiespp~oWd.bx~oi~ity~
corrective
action plan,
and that
that budget
is
inadequatet~
implement
the
hi~h~priozity
coXrective action plan.
The
~qard
accepts this matter as
timely ~iled~
pursuant
to
35
Jil. Mm.
Code
105.404.
Howev*, theBoard finds that thepetition was filed cii behalfof3oh~isoi~
Oil CoxnpanybyE.Ick
SoJ~nson,Manager.
The
Board’s procedural ralea incorpoxate
the
requirementnuder Section
1
of
theIllinois At
rneyAct.(705
ILCS
205/1
(2002)) and Section
1
of
the Corporation
Practice
of
Law
!rohibition
Act
(~7O5
ILCS 220/ 1.
(2002)), that anyoneotherthan
an
individual“must appear
=
though
~nattorney-at-law licensed and
registered
to
practice
law.”
35
111
Adm.
Code
1Ol.400(a)(2).
.
The
appeal
filed by
RickJohnson
on
behalf
ofJolmsaii Oil
Company
does not
•
Identifyhim
as an
attoruey~
but as the
Manager
ofJobn~on
Oil
Company.
Rick
Johnson cannot
represent
Jobiison
Oil
Coin~any
in this proceeding~3~e
35
III.
Mm~
Code
101
,400(a)(2).
~
.0”
cr.be~bre
Aug~isi
23, 2004, Jqbnson
Oil Compntty must file an
ainan4ed petition
~br
review
a~ccompait~ed
bythe
appea~urcc
of an attomey
~fan amended peØtion
áccoxnpánied
by
an
attoxney’s
appearance is not tintelyflied,
this
petitio~will
b~
~1i
i~ed.
Th~
fihitig
ofan
4lnEn.d.edpetition willrestart the
Board’s
deciaion deadline,
5~ee
35
Iii. Adzn,
Code
105.114(b).
.
••
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.
.
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—
‘4
Exhibit D
~ff~i~/2~@4132w
3734~
JOHNSON
PAGE
~3/O3
.—•
(“~1.~4•
2
•‘)~
•~
IT 1f3 SO ORD~R1~D.
•
I,
t)oroth~
M.
Gmin,
C1erJ.~of
the illinois Pollution Control Board., cert±fy
that theJ3o~rcl
~ih~1)pV~
o~d~r
on
Thiy 22, 2004, bya vote
of
5-04
•
.
A~
,L~
•
DorothyM1 ~umi, Olerk
flilnois Pollution
Control
Board
—
“••.‘I•....l—..,,.—.•b~...
•
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