RECEIVED

CLERK’S OFFICE

BEFORE THE

POLLUTION CONTROL BOARD

OF THE

STATE

OF ILLINOIS

1

005

STATE OF ILLINOIS

TELZROW OIL COMPANY,

)

Pollution

Control Board

Petitioner,

)

y.

)

PCB

No. 06-

ILLINOIS ENVIRONMENTAL

)

(LUST

-

NinetyDay Extension)

PROTECTION AGENCY,

)

Respondent.

)

NOTICE

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

60606-2833

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,

Respondent

Jo~im~~

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 18, 2005

---

RECEIVED

BEFORE THE POLLUTION CONTROL

BOARD

CLERK’S OFFCE

OF THE STATE

OF ILLINOIS

AUG

192005

TELZROW OIL COMPANY,

)

STATE OF ILLINOIS

Petitioner,

)

Pollution Control Board

v.

)

PCB No. 06-

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)(l))

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

17,

2005,

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.

In support thereof;

the Illinois EPA respectfully states as follows:

1.

On

July

14,

2005,

the

Illinois

EPA

issued

a

final

decision

to

the

Petitioner.

(Exhibit A)

2.

On August

9,

2005, the Petitioner made a written request

to

the Illinois EPA for

an

extension of time

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 documentation provided by the Petitioner represented that the

final decision was received on

July 15,

2005.

(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 for a hearing.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

.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)

Dated: August

18,

2005

This filing submitted on recycled

paper.

2

---

AUG.

9.

Th05

4:44PM

BARNES

&

IHORNBURG

.

NO.

698

p.

4

88/95/2a95

14:39

2175229012

Q43M

ccw~y

PA~

92

ILLINOtS

ENVIRONMENTAL

PROTECTION

AGENCY

102i

Nc~TH

GRAr~fl

AVeNUE

Esfr,

P.O.

Box

1,276;

S?cUNCRELD.

IWNOIS

62794-9276, 217.782-3~97

J.*...iS

S.

TJ.IOMPSON

CENTER,

1CO

WEST RANOOLp4i,

SUTTE

11-300

CHJCACQ,

IL.

600,

312-814-6026

ROD

S.

BLAGOJF.’ICH,

cQvERNOR

REna Cinveq,

217/782-6762

cERTI$WD

vIAJL ~

JUL.

14

2Q05

?E1U4

~5~fl

DOO~I

bbt+S

ê36b

P.O.Box571

Carlinville, flhi~ois62626

~

J.j

ii

5 2005

Re:

LPC ~lO8302SSO41

-~

Jersey County

_____________________

Jerseyvill&Telzrow

Oil Company

605

South

Stale Ru.

LtJSTIncidentNo.

20031133

LUST

FISCAL FILE

Dear Mr.

Telzrow

The flhjnoig

Ezviro~mentaProtec?on Agency has completed the review

ofyour application for

payment from the Underground St~age

Tank ~uM for the above-referenced

LUST incident

purn~.tto

Section

57.8(a)

ofthe

flhix~ois

Bxzviron~entaj.Protecflon

Mt (Act),.~d

3~m.

Adm.

Code 732,

Subpart P.

This ~fox~aiion

is

dated February 18,

2005

and

was

received

by the

Agency on March 2,2005:

The

applicath~n

~r

payment covers

the

period from. December

1,

2003 ‘to December31, 2004.

The amount requested is

$40,165.7S.

The deducdble

axncimt

forthis

claim

is Sio,000.oo, wbich was previously deducted frora the

biiiing submittal received

by

the

Agency on May 13,

2004

for

$90,437.96.

Thez~

a

costs from

this

claim tilt are not

being paid.

Listed

in

Attachment A are the costs that are not being paid

and the resso~s

these costs

ate

notbeing

paid.

On

Ap~1

26,2005,

the

Agency received

your complete

application for payment

for

this claim.

As aresult ofthe Agency’s review

ofthis application

for payment,

a vouchtr for

$27,053.03

will

be prepared for sub~ission

to the Co~p~oUefs

O~ce

for

payment as fimds become available

based

upon the date

the

Agency received

your complete request for

payment

of

this application

~orpayment

Subsequent appicadons

for payment that have

beet/are submitS

will be

processed based

upon

the

date cosaplet

subsequent appUc~ion

for

payment

requests are

received

by the

Agency.

This

caustitutes

the

Agene~’s

final action

with

regard to

the

above

application(s) forpayment

An underground storagetank owner

or

operator

may appeal

this final decision

to

the Illinois

Pollution Conn~o1

Board (Board) pursuant

to

Section

57.8(1)

and Section 40

ofthe

Act

by

fijinga

gccor,pu

—

430Z

North

Main Street.

Rocidord.

IL 6’ ~Q3

~51

5t 987-7760

•

Dfl ~ia’tt

—

9521 W. Hon4~o.l

Si..

~

Plaintt,

IL

6002

—

t5~7i

29S~4OCQ

£tci”—5~5.Suwth5i.uv. E1pIR

ii. 601

23

(Mti

608.3151

-

?rIW~LA—3413

N. Unin’,iIy

SL

P,wi..

IL

S1~14..IjQ~).9j.5~3

rw

~

.

•

7Gi0

N.

IjnivenI(y

51.,

Feorla,

II.

61424—

I3~4,

69~-3~~2

.

-

2135 5guth

FItt4

Sutet. ~a’np~ign. II.

$2

a~O

—

(2~7I

flO.5800

SnI,crtLI,

—

43005.

Sixrh

5u~i

Rd..

5~r4n~IitJd.

IL

SZtC4

—

U1~j7064802

•

Cnu,,~svlu

—

2009 MaIl

3&tt.

COJIinwHIo.

II b1334

—

1bt11) ~46-313o

JON_~C9W.~

.

~IBfl

---

AUG-09—2005

16:47

D&~C LEGAl..

.

-

AUG.

9.

2005

4:45PM

BARNES

&

THORNBURG

NO.

698

P.

5

P.O5/~7

~9ns/29az

14:38

Page 2

2176229912

Gt43NI

cc~pøe~y

petition fbt a

hta~ing

within

35

days after

the date ofissuance ofthe ~i.naI

decision.

~c,wever,

the 3?-day period

xñay be

extended for aperiod of

time not to a.cetd 90 daysby written

ncd.ce

from

the owner

or operator and

the Illinois EPA within the iSial

35-day

appeal period.

Ifthe

applicant wishesto receive a 90-day extension, awriten requestthat includes a statement ofthe

date the flnil decision was received, along with a. copy ofthis decis1ot, must be sentto

the

BhneL~

EPA as

Scott as

pos~b1e.

For informationregarding the 5Jig of an. appeal,

please coztnet

Dorothy Guzin, Clerk

Illinois PoUudon ControlSoard

State ofBEnoi~

Center

100

WestRandelpb, Suite 11-500

ChIcago, fliixiois

60601

312f314-3620

For infom~at

ion regarding the 5Jing of an

extensiov, please ctazt

Illinois Environmental

Protection

Ag.mcy

Division

of

Legal Counsel

1021 North Grand Avenue East

Spdn~field,

flhinci.s

62794-9276

2171782-5544

t.

If

you

have

any.

qucEtions

ot

require

further assistance, please eontatt NIki Weller ofmy

staff or E$c Kuhiman of the teebnieid section at 217t782-6762.

DBO:NWan.Is\051503.doc

Attachment

P#CE

~3

flops

E.

Oakley,

Manager

LUST c1a1~

mat

Planning & Repcrthng Section

Bureau of Land

cc:

CW3M

---

AUG.

9.

2335

4:45PM

BAS~ES &

THOR~BURG

~O.

698

P.

6

23/O~/299~

14:39

2175229e12

Q~3MCfl1’ff~4Nv

PAGE

84

Attachment A

Technical Deduqtiqas

Re~

LPC *0830255041

—

Jersey County

Serscyvllle / Telziew Oil Company

605

South

State Street

LUST

tncidemtNo-

~O03i 133

LUST Fiscal File

Citationsin thisattachment arc

~om

and

the

Envirotmerital Protection Act (Act) and

35

fljn~j5

Administrative

Code (35 Ill. Adm.

Coda).

Item *

Description

ofDeductions

1.

$4,040.25, deduction

for

costs

associated ~witbsite investigation sctitjes~Thi

billings snbrn~tted

etceerd the approved budgetamounts.

Therefore, the finds

EPA is

imabit toapprove

billings

that e~eeed

the

approved budget amonrzls.

(SecUon

57.S(aXI)

ofthe

Act and 35111. Adin.

Code 732.601(0)

The

Illinois

EPA has deten,~ned

that

these costs are not rea~ouab1e

their drilling costs exceed the approved budgeted amotml far intestigation

costs,

2.

$9,072.50,

deduction

for

costs

that lack supporting doctnnentañon

(35

Xli.

Adnt

Code

73i2406(g~Since there is no ~xppoxtbg

dotttnt~atation

Qf costs, the

Illinois

EPA

c~ot

det&jnine that costs were not used

for activities in ~cee~sof

those ~ecessa1y

to

meet the mirim~xeqtthtments oCTitle XVI

ofthe

Act

(Section

57.5(a) of

the Act

and

35

UI.

Mitt.

Code 732.606(o)).

The

Illinois

EPA has

determined

that these

costs are iiot reasonabl4 as

submitted

aj~d

these costs ate

not Con2i5ttflt with the requfrement

for

a

~e it~

estimate ala

costs

as~ociatth

with the development, implementa~o;aud

compledon of site evaluaSu

activitiesrequired in

35111. Mm.

Code 732.307

(35 Iii. Adit Code

732.305(bX2)).

Pleasenote that

additional informationandlor supporting documentation may

be

provided to demcmslnte

the costs are retsonabla.

EKIEIC\

---

AUG—09—2005

16:47

DLC

LEGPI_

.

P.07/07

AUG.

9.

2035

4:45PM

BARMES

&

THORNBURG

0W3t’l

CONFANY

PAGE

35

Page

loll

1.1’ LV’.

C&j~.~P

Rod It Blagoji

~itrn

Telzrow Oil

Ca,

IBIIIS

~I~tsusIlAmount

ItReteived

jjS/i8/2004

IrvoP

1190437S8

iLa/v2005

IIACC

5ftnfMnin~jf

Tank

Opflor

H

GanG

lIAmourtt

Ilveucher

~Deductlbte

)j

.jjPaIa

JJDath

11äö437.95

I~i~/2O04~JI1O000

ii

1k

ii

~I~J

xmixvi

Ii

TAQQ

fli~a~ii

~

Cbpydght C ~OQ~WjnpflB&

~~tflt~!

P

I

W~SeessibiIiti

I

hap J/epada aepa.state.iLus/land/tSICiauns.asp7lNcmmsT=2003ii 33&Tacetjpk

1

7/15/05

BS/@5/2@O5

14:3E

LIT

;

Title XVI

21752220fl

MO.

698

P.

7

I~M&#

20031133

jg~

0820256041

TOTflL

P.0?

---

AIJG—g9—2005

16:47

XC

LEGAL

.

P.01/07

AUG.

9.

2335

4:44PM

BARNES

&

THORNBURG

NO.

698

P.

One North Wacker Drive

Suite 4400

BARNES &

TIIORNBURG

Chicago,

Illinois 60606

Attorneys at Law

Fax Number:

(312)759-5646

FAX

NAME

COMPANY NAME

TO:

Mr. John Kim

IEPA

(217) 782-9807

FROM:

Carolyn

S. Hesse

DIRECT

DIAL:

DATE;

August 9, 2005

NUMBER

OF PAGES (INCLUDING

THIS

COVER SHEET):

If

you have

difficulty

receivthgthis

Fax, please

cali Barnes

D

Original to follow by mail

0

Original will

not follow by mail

CONFIDENTIALITY NOTICE:

This

massage

is

kr

the

exclusive

use of the individual

or

entity to

which

it

is

addressed

and

Is

cor~.fide,ttia1,

If

you

are

not

the

addressee

or

an

employee

or

agent

of

the

addressee responsible

for

delivering

it

to

the

addressee, please

do

jiot

read, use, disclose,

copy

or

distribute this messageand

do not

take any action in

reliance upon

it.

If you

have received

this

message

in

error,

please

noti~’us

immediately

by

telephone (collect) to arrange

for

its

return.

We do

not

intend to

waive any

attorney-client

or work product

privilege

by

the transmission of

this

message.

Indianapolis

Fort Wayne

South Bend

Elkhart

Chicago

W3shington,

D.C.

---

16:47

~-c

LEGAL

AUG.

9.

2005

4:44PM

BARNES

&

IHORNBURG

,.

NO.

698

P.

2

BARNES &THORN&ItG

a~

Suite 44~

One North Wacker Dthe

Chicago1 IL 60606.2533 U.S.A..

(312) 337-1313

Carolyn

S. Hesse

Pax

(322)

759~5646

(312) 114.6301

Emath

chesse’~bthw.com

www.btlaw.cora

August 9, 2005

VIA

FACSIMILE

&

FEDERAL EXPRESS

Mr.

John

illinois Environmental Protection Agency

1021 North Grand Avenue East

Springfield, Illinois

62702

Re:

LPC

#083025504

1

-

Jersey

County

Jerseyville / Telzrow Oil Company

605

South State Road

LUST Incident No.20031133

Dear John:

On

July

14,

2005,

the Illinois Environmental Protection Agency

issued a letter with

respect to

the above-referenced LUST Incident regarding

a request dated February 18,

2005

for

reimbursement of corrective

action

costs

for

corrective

action performed

pursuant

to

a

CAP

budget that

was

previously

approved by

EPA.

The

Agency received

this

request on

March 2,

2005.

(However,

there

appears to

be

a clerical

enor in

the third paragraph which

states

that

the complete

application (or payment was

received

on April26,

2005.

Both

the

first paragraph and

a search of~PA’s

database indicate that the application was

received on

March

2, 2005.)

The

property referred to

as

Telzrow Oil Company

is located

in

Jerseyville,

minois.

A

copy ofthe July

14, 2005 letter is attached.

Telzrow

Oil

Company

believes

that,

based

upon

discussions

with

the

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

EXHIBIT

Chicago

Efltharc

Fort Wayne

Seuth Bend

Washington, D.C.

---

AUG—09—2005

15:47

DLC

LE~L

P.03,07

AUG.

9. 2035

4:44PM

BARNES

& THORNBURG

NO. 698

P.

3

Mr.

John

Kim

August

9, 2005

Page 2

Environmental

Protection Act Section

40(a)(l)

and

35

IAC

105.406

to

allow us to

continue

these

discussions

and

to by to resolve the issues raised

in

the enclosed

letter.

T.f

for

any

reason,

the Agency

will

not

seek

the 90-thy

extension,

please

notify

me

immediately

so

that

I

may

file

an

appeal

to

the

Board.

If you

have

any

questions

or

comments, please do not hesitate to contact me.

Sincerely yours,

BARI~ES

&

ThORIMBIJRG

LLP

QL~rX

A&

Carolyn S. Hesse

CSHJjmr

Enclosure

cc:

William Sinnott

Carol L. Rowe

288400v1

BARNES&ThOBNBURO

up

---

CERTIFICATE OF SERVICE

I, the undersigned attorney

at law,

hereby certify

that

on

August

18,

2005,

I served

true

and

correct copies of

a

BEQUEST 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

60606-2833

Chicago, IL 60601

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

ohhJ.

Kim

Assistant Counsel

Special Assistant Attorney General

1021

North Grand Avenue, East

P.O. Box

19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143

(TDD)