BEFORE THE POLLUTION CONTROL BOARD
NOTICE
REQUEST FOR NINETY DAY EXTENSIONOF APPEAL PERIOD
BEFORE THE POLLUTION CONTROL BOARDOF THE STATE OF ILLINOIS
SECTION 2
CERTIFICATE OF SERVICE

BEFORE

THE POLLUTION

CONTROL BOARD

OF THE STATE

OF ILLINOIS

APR

1 82005

JOHNSON

OIL COMPANY,

)

Petitioner,

)

“~

p~~n~IBoard

)

PCBNo.05-

ILLiNOIS ENVIRONMENTAL

)

(LUST Appeal

—

Ninety Day Extension)

PROTECTION AGENCY,

)

Respondent.

)

NOTICE

Dorothy M. Gunn,

Clerk

Simon P. Broomhead, P.G., Project Manager

Illinois Pollution Control Board

American Environmental

James R. Thompson Center

3700 West Grand Avenue

100 West Randolph Street

Suite A

Suite

11-500

Springfield,

IL 62711

Chicago,

IL 60601

PLEASE

TAKE

NOTICE that

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

~re herewith served upon you.

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:

April 14, 2005

~V E D

CLERK’S OFFICE

APR

182005

STATE OF ILLINOIS

Pollution Control Board

Petitioner,

)

PCBNo.05-

ILLiNOIS ENVIRONMENTAL

)

(LUST Appeal

—

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

Section

40(a)( 1) of the

Illinois

Environmental

Protection

Act

(415

ILCS

5/40(a)(1))

and

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

July

13,

2005,

or any

other date not

more than a

total of one

hundred

twenty-five

(125)

days

from the date of receipt of the Illinois EPA’s

final decision.

In support thereof, the

Illinois EPA respectfully states as follows:

March

2005,

the

Illinois

EPA

issued

final

decision

the

Petitioner.

(Exhibit A)

On March

21,

2005, the Petitioner made a written request to the Illinois EPA for

extension of time

which

file

petition for

review,

asking

the

Illinois

EPA join

requesting that

the Board

extend

the thirty-five day period for filing

a petition to

ninety

days.

The

Petitioner

did

not

represent

when

the

final

decision

was

received,

but

the

tracking

information

from the certified mail number indicates the letter was received on March

10, 2005.

(Exhibit B)

JOHNSON OIL COMPANY,

BEFORE THE

POLLUTION CONTROL BOARD

OF THE

STATE

OF ILLINOIS

)

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

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,

the

interest of administrative and judicial

economy, grant this request

for a ninety-day extension of

the thirty-five day period for petitioning for a hearing.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

~AssistantCounsel

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 14, 2005

This filing submitted on

recycled paper.

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH

GRAND AVENUE EAST,

P.O.

Box

19276,

SPRINGFIELD,

ILLINOIS

62794-9276, 217-782-3397

JAMES

THOMPSON

CENTER,

100

WEST RANDOLPH, SUITE

11-300,

CHICAGO,

IL 60601, 312-814-6026

ROD

BLAGOJEVICH,

GOVERNOR

RENEE

CIPRIANO,

DIRECTOR

217/782-6762

CERTIFIED

MAIL

~iA~

7002

3150

9090

1105

Thu

Johnson Oil Co.

Attn:

JeffBush

P.O. Box

347

Columbus,

47202

Re:

LPC #0410055039

Douglas

County

ArcolalJohnson Oil Co.

550

East Springfield Rd.

LUST

Incident

No.

20001514

LUST Technical File

Dear Mr. Bush:

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

Priority

Corrective

Action Plan

(plan)

submitted for

the

above-referenced incident.

This

plan, dated

January

20, 2005, was

received by the Illinois EPA on

January

24, 2005.

Citations in this letter

are

from the Environmental

Protection Act (Act)

and

Illinois

Administrative Code

(35

Ill.

Adm. Code).

Pursuant to Section 57.7(c)(4) ofthe Act

and

Ill. Adm.

Code 732.405(c), the plan is modified. The

following modifications

are

necessary, in addition to those provisions already outlined in theplan, to

demonstrate compliance with Title XVI ofthe Act

and

III. Adm.• Code 732:

Based on the naphthalene results from MW-l

(0.680 ppm), and since groundwater samples from

and PZ2 were not analyzed for naphthalene, MW-9 and MW-10 currently defme the extent of

naphthalene contamination in the groundwater to the east. Therefore,

in order for

the

proposed

plan to be acceptable, PZ1

& PZ2 must be sampled for naphthalene, and the results must be below

the Class II Groundwater Remediation Objective. IfPZ

& PZ2

are

not sampled for naphthalene

or the results

are

above the Class II Groundwater Remediation Objective, an amended plan will be

required

and

must state how the off-site naphthalene contamination in the groundwater will be

addressed.

Pleasenote that all

activities associated with the remediation of this release proposed in the plan must be

executed in accordance with all applicable regulatory

and

statutory requirements, including compliance

with the proper permits.

In addition, the budget for the High Priority Corrective ActionPlan

modified pursuant to Section

57.7(c)(4) of the Act

and

Ill. Adm.

Code

732.405(c).

Based on the modifications listed in Section

2 of

Attachment A, the amounts listed in

Section

ofAttachment A

are

approved.

Please note that the costs

must be incurred in accordance with the approved plan.

Be aware that the amount of

reimbursement

may

be limited by Sections 57.8(e),

57.8(g)

and

57.8(d)

of the Act, as well as 35

Ill. Adm. Code 732.604,

732.606(s),

and

732.611.

EXHIB1T~~I

ROCKFORD

—4302 North Main

Street

Rockford

IL 61103— (815)

.‘

Harrison

Des Plaines

IL 60016 —(847)

294-4000

ELCIN

—595 South State

Elgun

IL 60123

—

(847) 608

suty

Peoria

IL 61614— (309) 693 5463

BUREAU OF

LAND

PEORIA

—

7620 N

University

Peoria

IL 61614—C

25 South First Street

Champaign

IL 61820— (217) 278 5800

SPRiNGFIELD

—4500 S. Sixth

Street Rd., Springfield,

IL 62706 —(2

~-~--

MaIl

Street, CollinsvilIe, IL 62234 —(618)

346-5120

MARION

—2309W

Ma,

__________

18) 993

7200

PRINTED

RECYCLED

PAPER

Page 2

Please note that, if the owner or operator agrees with the

Illinois EPA’s modifications, submittal of an

amended plan andlor

budget, ifapplicable, is not required (Section 57.7(c)(4) of the Act and 35

Ill. Adm.

Code 732.503(f)).

Additionally, pursuant to Section

57.8(a)(5)

of the Act and 35

Ill. Adm. Code

732.405(e), ifreimbursement will

be sought for any additional costs that may be incurred as a result of the

Illinois EPA’s modifications,

an amendedbudget must be submitted.

NOTE:

Amended plans andlor budgets must be submitted and approved prior to the issuance of a No

Further Remediation

(NFR) Letter.

Costs associated with a plan or budget that have not been approved

prior to the issuance of an NFR Letter will not be reimbursable.

All future correspondence must be submitted to:

Illinois Environmental Protection Agency

Bureau of Land

#24

Leaking Underground Storage Tank Section

1021

North Grand Avenue East

Post Office Box 19276

Springfield,

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 attached.

If you have any questions or need further assistance, please contactJason Donnelly at (217) 557-8764.

Sincerely,

‘

~7..

A. Cha~pel,

P.E.

Unit Manager

Leaking Underground Storage Tank Section

Division of Remediation Management

Bureau of Land

HAC:JD\00 151 4-hpcap&bud#3

Attachments:

Appeal Rights

American Environmental Corporation, Simon Broonihead

Division File

Attachment A

Re:

LPC

# 0410055039

Douglas

County

ArcolalJohnson Oil Co.

550

East Springfield Rd.

LUST Incident No. 20001514

LUST Technical File

Citations in

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

35 Illinois

Administrative Code

(35

Ill.

Adm. Code).

SECTION

The budget

was

previously approved for:

$6,089.00

Investigation Costs

$1,975.00

Analysis

Costs

$12,173.25

Personnel

Costs

$330.00

Equipment Costs

$1,055.82

Field Purchases

and

Other Costs

$1,027.80

Handling Charges

As a result ofthe Illinois EPA’s modification(s) in Section 2 ofthis

Attachment A, the following

amounts

are

approved:

$3,964.80

Investigation Costs

$1,470.00

Analysis

Costs

$20,425.00

Personnel Costs

$390.00

Equipment Costs

$4,944.97

Field Purchases and Other Costs

$856.96

Handling Charges

Therefore, the total cumulative budget is approved for:

$10,053.80

Investigation Costs

$3,445.00

Analysis Costs

$32,598.25

Personnel Costs

$720.00

Equipment Costs

$6,000.79

Field Purchases

and

Other Costs

$1,884.76

Handling Charges

Page 2

SECTION

$19,550.75

for an adjustment

in personnel

costs.

Costs for investigative activities and

related services or thaterials fpr developing

a High Priority corrective action plan that are

unnecessary or inconsistent with

generally accepted practices or unreasonable

costs for

justifiable activities, materials, or services

are ineligible for payment from the Fund (35

Ill. Adm. Code

732.606(cc)).

Please note the hours per task requested are deemed unreasonable.

HAC :JD\00151 4-hpcap&bud#3.A

Appeal Rights

An underground storage

tank

owner or operator may appeal this final decision to the Illinois

Pollution Control Board pursuant to

Sections 40

and

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. Ifthe owner or

operator wishes to receive a 90-day extension, a written request that includes a statement ofthe

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 information regarding the filing of an appeal, please contact:

Dorothy Gunn, Clerk

Illinois Pdiiution Control Boaid

State of Illinois Center

1 00 West Randolph, Suite 11-500

Chicago, IL

60601

312/814-3620

For information regarding the filing ofan extension, please contact:

Illinois Environmental Protection Agency

Division of Legal Counsel

1021

North Grand Avenue East

Post Office Box

19276

Springfield,

627.94-9276

217/782-5544

RECEIVED

Division

Legal

Counsel

______

American

MAR 22

2005

_____

Environmental

Environmental protectio,q0~

Springfield Regional Office

Agency

March 21, 2005

Illinois Environmental Protection Agency

VIA

FACSIMILE

Attn: John Kim

(217) 782-9807

Division ofLegal Counsel

Hard Copy via USPS

1021 North Grand Avenue East

P.O. Box

19276

Springfield,

62794-9276

Re:

Request for Extension for Petitioning the IPCB

LPC

#0410055039 —Douglas County

Johnson Oil #925- Arcola/Jolmson Oil Company, LLC of

Indiana

550

East Springfield Road

LUST Incident No. 20001514

American Environmental ProjectNumber 207027

DearMr. Kim

Johnson

Oil

Company,

LLC

of Indiana

(“Johnson

Oil”),

requests

that

the

Illinois

Environmental

Protection

Agency

(“Agency”) join

them

requesting

90-day

extension to

the

35-day

deadline

for

filing

a petition for a hearing before the Illinois Pollution Control Board (IPCB).

This

request is being

made to preserve Johnson Oil’s

right to

appeal the Agency decision contained in a March

2005

letter

regarding a January 20, 2005

High Priority Corrective Action Plan and Budget for the above referenced

LUST incident.

A copy ofthe Agency letter is attached.

The additional

time is needed for

American

Environmental to submit

information and

a request for the

Agency to reconsider some oftheir budget deductions.

If necessary, we will also meet with the Agency

in an effort to resolve the issues without the need to submit a formal petition request.

Please

take the necessary action to

file this

extension request before the

35-day appeal time expires on

April

12,

2005

and

send a copy to me at the Springfield Office ofAmerican Environmental.

If you need

additional information, please advise.

Sincerely,

AMERICAN ENVIRONMENTAL

CORPORATION

p’

Simon P. Broomhead, P.G.

ProjectManager

pc:

Rick Johnson,

Johnson Oil Company,

LLC

ofIndiana

Enclosure

Corporate Office

Regional

Office

Regional Office

8500

Georgetown Road

3700W.

Grand

Ave.

Ste.

410

Production

Court

Indianapolis.

Indiana 46268-1 647

Springfield,

IL 62711

Louisville,

40299

317-871-4090

217-585-9517~

502-491-0144

317-871-4094

Fax

217-585-9518

Fax

502-491-9271

Fax

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on April

14, 2005,

I served true and

correct

copies of a

REQUEST

FOR NINETY

DAY

EXTENSION

APPEAL PERIOD,

placing

true and

correct

copies in

properly sealed and

addressed

envelopes and

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

Simon P. Broomhead, P.G., Project Manager

Illinois Pollution Control Board

American Environmental

James R. Thompson Center

3700 West Grand Avenue

100 West Randolph Street

Suite A

Suite 11-500

Springfield, IL

62711

Chicago, IL 60601

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)