V
DALEE OIL COMPANY (SCCR),
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100
West Randolph Street
Suite
11-500
Chicago, if,
60601
RECEIVED
CLERK’S OFFICE
SEP 122005
STATE OF ILLINOIS
)
PCB
No. 06-
31
Pollution Control Board
)
(LUST Appeal
—
Ninety Day Extension)
)
)
NOTICE
Rachel Morgan, Project Manager
United Science Industries
P.O. Box 360
6295
East Illinois Highway 15
Woodlawn, IL 62898-0360
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.
Respectflully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
John JØ(im
Assistant Counse
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: September 8, 2005
RECEIVED
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
SEP 122005
DALEE OIL COMPANY (SCCR),
)
p
Petitioner,
)
v.
)
PCB No. 06-
3
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 to Section 40(a)(I) 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 of the thirty-five (35) day period for petitioning for a
hearing to December 27,
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. The l25~day is
December 25, 2005, a Sunday, and the next business day is December 27, 2005. In support
thereof, the Illinois EPA respectfully states as follows:
1.
On August 19, 2005, the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2.
On August 30, 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 Petitioner’s request included information that represented that the final decision was
received on August 22, 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 sàope of any
hearing that may he 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
-
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: September 8; 2005
This filing submitted on recycled paper.
2
O
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276 — 217)782-3397
JAMES R. THOMPSON CNTER, 100 WEST RANDOLPH, SUITE 11-300, CHIcAGO, IL 60601 — (31 2)814-6026
ROD R. BLAGOJEVICH, GOVERNOR
DOUGLAS P. Scorr, DIRECTOR
217/782-6762
CERTIFIED MAIL
~
~92U05
AUG 22 REC’O
7004 2510 0001 6b49
5363
Dalee Oil Company
Ronald K,ruep
P. 0. Box 519
Okawville, Illinois 62271
Re:
LPC# 1890405005--Madison County
Okawville / Dalee Oil Company
905 N. Hen House Road
LUST Incident No. 972197
LUST Technical File
Dear Mr. Kniep:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Site Classification
Completion Report submitted for the above-referenced incident. This information is dated June
1, 2005 and was received by the Illinois EPA on June 3, 2005. Citations in this letter are from
the Environmental Protection Act (Act) and 35 Illinois Administrative Code (35 Ill. Adm. Code).
The Site Classification Completion Report and the professional certification submitted pursuant
to 35 III. Adm. Code 732.312(g) and 732.409(b) indicate thatall applicable exposure routes at
the above-referenced site can be excluded from further consideration pursuant to 35 Ill: Adm.
Code 742.Subpart C, and, therefore, the site can be classified as No Further Action.
Based upon the certification by Joseph M. Kelly, a Licensed Professional Engineer, and pursuant
to Section 57.10 of the Act (415 ILCS 5/57.10), your request for a no further remediation
determination is granted under the conditions and terms specified in this letter.
Issuance ofthis No Further Remediation Letter (Letter), based on the certification ofthe
Licensed Professional Engineer, signifies that: (1) all statutàry and regulatory corrective action
requirements applicable to the occurrence have been complied with; (2) all corrective action
concerning the remediation ofthe occurrence has been completed; and (3) no further corrective
action concerning the occurrence is necessary for the protection ofhuman health, safety, and the
environment. Pursuant to Section 57.10(d) ofthe Act, this Letter shall apply in favor ofthe
following parties:
ROckFORP —4302 North Main Street. Rocldord. IL 61103—18151
,. Harrison St., Des Flames, IL 60016—18471 294’400U
ELGIS —593 South State. Elgmn, IL 60123— I847i 608
;ity St., Peoria, IL 61614—1309) 693-5463
Sugiw
OF
L~xcj- PEoRIA —7620 N. University St., Peoria, IL 61614— t.
25 South First Street. Champaign, IL 61820— 12171 278-5800
SPRIT~CFIELD
— 4500~.Sixth Street Rd., Springfield, IL 62706—12
09 Mall Street, Collinsville, IL 62234— 6l8~34h’5120
MARION
— 2309 W.
Mail
1618) 993-7200
Page 2
I.
Dalee Oil Company, the owner or operator ofthe underground storage tank system(s).
2.
Any parent corporation or subsidiary of such owner or operator.
3.
Any co-owner or co-operator, either by joint tenancy, right-of-survivorship, or any other
party sharing a legal relationship with the owner or operator to whom the Letter is issued.
4.
Any holder of a beneficial interest of a land trust or inter vivos trust whether revocable or
irrevocable.
5.
Any mortgagee or trustee of a deed of trust ofsuch owner or operator.
6.
Any successor-in-interest of such owner or operator.
-
7.
Any transferee ofsuch owner or operator whether the transfer was by sale, bankruptcy
proceeding, partition, dissolution of marriage, settlement or adjudication of any civil
action, charitable gift, or bequest.
8.
Any heir or devisee of such owner or operator.
This Letter and all attachments, including but not limited to the Leaking Underground Storage
Tank Environmental Notice, must be filed within 45 days of receipt as a single instrument with
the Office of the Recorder or Registrar of Titles in the county in which the above-referenced site
is located. This Letter shall not be effective until officially recorded by the Office ofthe
Recorder or Registrar ofTitles of the applicable county in accordance with Illinois law so it
forms a permanent part ofthe chain of title for the above-referenced property. Within 30 days of
this Letter being recorded, an accurate and official copy ofthis Letter, as recorded, shall be
obtained and submitted to the Illinois EPA. For recording purposes, it is recommended that the
Leaking Underground Storage Tank Environmental Notice of this Letter be the first page ofthe
instrument filed.
CONDITIoNs AND TERMS OF APPROVAL
LEVEL OF REMEDIATION AND LAND USE LIMITATIONS
I.
The remediation objectives for the above-referenced site, more particularly described in
the Leaking Underground Storage Tank Environmental Notice ofthis Letter, were
established in accordance with the requirements ofthe Tiered Approach to Corrective
Action Objectives (35 Ill. Adm. Code 742) rules.
Page 3
2.
As a result ofthe release from the underground storage tank system(s) associated with the
above-referenced incident, the above-referenced site, more particularly described in the
attached Leaking Underground Storage Tank Environmental Notice ofthis Letter,. shall
not be used in a manner inconsistent with the following land use limitation: There are no
land use limitations.
3.
The land use limitation specified in this Letter may be revised if:
a.
Further investigation or remedial action has been conducted that documents the
attainment ofobjectives appropriate for the new land use; and
b.
A new No Further Remediation Letter is obtained and recorded in accordance
with Title XVII of the Act and regulations adopted thereunder.
PREVENTIVE, ENGINEERING, AND
INSTITUTIONAL CONTROLS
4.
Preventive:
None,
Engineering: None.
Institutional: This Letter shall be recorded as a permanent part of the chain of title for
the above-referenced site~more particularly described in the attached
Leaking Underground Storage Tank Environmental Notice ofthis Letter.
5.
Failure to establish, operate, and maintain controls in full compliance with the Act,
applicable regulations, and the approved Corrective Action Plan, if applicable, may result
in voidance ofthis Letter.
OTHER TERMS
6.
Any contaminated soil or groundwater removed or excavated from, or disturbed at, the
above-referenced site, more particularly described in the Leaking Underground Storage
Tank Environmental Notice ofthis Letter, must be handled in accordance with all
applicable laws and regulations under 35 Ill. Adm. Code Subtitle G.
7.
Further information regarding the above-referenced site can be obtained through a written
request under the Freedom ofInformation Act
(5
ILCS 140) to:
Page 4
Illinois Environmental Protection Agency
Attention: Freedom ofInformation Act Officer
Bureau ofLand
-
#24
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
8.
Pursuant to 35 III. Adm. Code 732.704, should the Illinois EPA seek to void this Letter,
the Illinois EPA shall provide notice to the owner or operator ofthe leaking underground
storage tank system(s) associated with the above-referenced incident and the current title
holder ofthe real estate on which the tanks were located, at their last known addresses.
The notice shall speci~the cause for the voidance, explain the provisions for appeal, and
describe the facts in support of the voidance. Specific acts or omissions that may re~ult
in the voidance ofthis Letter include, but shall not be limited to:
a.
Any violation ofinstitutional controls or industrial/commercial land use
restrictions;
b.
The failure to operate and maintain preventive or engineering controls or to
comply with any applicable groundwater monitoring plan;
c.
The disturbance or removal of contamination that has been left in-place in
accordance with the Corrective Action Plan or Completion Report;
d.
The failure to comply with the recording requirements for the Letter;
e.
Obtaining the Letter by fraud or misrepresentation; or
f.
Subsequent discovery ofcontaminants, not identified as part ofthe investigative
or remedial activities upon which the issuance ofthe Letter was based, that pose a
threat to human health or the environment.
Submit an accurate and official copy of this Letter, as recorded, 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
Page 5
If you have any questions or need further assistance, please contact the Illinois EPA project
manager, Brian Bauer, at 217/782-3335.
Sincerely,
arry A. Chappel, P.E.
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
HAC:BB\
Attachments: Leaking Underground Storage Ténk Environmental Notice
cc:
United Science Industries
Division File
PREPARED BY:
Name:
R & K Land Company
Ronald Kruep
Address:
905
N. Hen House Road
Okawville, Illinois 62271
RETURN TO:
Name:
R & K Land Company
Ronald Kruep
Address:
P.O. Box 519
Okawville, Illinois 62271
(THE
ABOVE SPACE FOR RECORDER’S OFFICE)
LEAKING UNDERGROUND STORAGE TANK ENVIRONMENTAL NOTICE
THE OWNER AND/OR OPERATOR OF THE LEAKING UNDERGROUND STORAGE TANK SYSTEM(S)
ASSOCIATED WITH THE RELEASE REFERENCED BELOW, WITHIN
45
DAYS OF RECEIVING THE No
FURTHER REMEDIATION LETTER CONTAINING THIS NOTICE, MUST SUBMIT THIS NOTICE AND
THE REMAINDER OF THE NO FURTHER REMEDIATION LETTER TO THE OFFICE OF THE
RECORDER OR REGISTRAR OF TITLES OF WASHINGTON COUNTY IN WHICH THE SITE
DESCRIBED BELOW IS LOCATED.
Illinois EPA Number: LPC# 1890405005
LUST Incident No.: 972T197
Dalee Oil Company, the owner and/or operator of the leaking underground storage tank
system(s) associated with the above-referenced incident, whose address is P.O. Box 519,
Okawville, Illinois 62271, has performed investigative and/or remedial activities for the site
identified as follows:
1.
Legal Description or Reference to a Plat Showing the Boundaries: Section 16, Part ofthe
Southeast, Township I South, Range 4 West Referenced in Deed Book 480,Page 103
2.
Common Address:
905
N. Hen House Road, Okawville, Illinois 62271
3.
Real Estate Tax Index/Parcel Index Number: 12-06-16-478-010
4.
Site Owner: R & K Land Company
5.
Land Use Limitation: There are no land use limitations.
6.
See the attached No Further Remediation Letter for other terms.
BB
Leaking Underground Storage Tank Environmental Notice
O
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND AVENUE EAST, P.0. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276. 217-782-3397
JAMES R. THoMPsoN CENTER, 100 WEST RANDOLPH, Sutit 11-300, CHIC,kGo, IL 60601, 312-814-6026
Roo R. RLAGOIEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
RECORDING REQUIREMENTS FOR
NO FURTHER REMEDIATION LETFERS
Introduction
The Illinois Environmental Protection Agency’s (Illinois EPA) Bureau of Land/LeakIng
Underground Storage
Tank
Section issues a No Further Remediation (NFR)Letter after a
demonstration ofcompliance
with
Title XVI of the Environmental Protection Act and applicable
regulations is made. The NFR Letter signifies that: (1)
all statutory
and regulatory corrective
action requirements applicable to the occurrence have been complied with, (2)
all
corrective
action concerning the remediation ofthe occurrence
has
been completed, and (3) no
further
corrective action concerning the occurrence is necessary so long as the site is used in accordance
with the terms and conditions of the NFR Letter.
Significance
-
When
properly recorded, the NFR Letter holds legal significance for
all
applicable parties
outlined at Section 57i0(d) ofthe Environmental Protection Act. (See
415
ILCS 5/57.10(d).) If
not properly recorded, the Illinois EPA
will
take
steps to void the NFR Letter in accordance with
the regulations.
Dun’ to Record
The dun to record the NFR Letter is
mandatory.
You
must
submit the NFR Letter, with a
copy of any applicable institutional controls proposed as part of a corrective action
completion report, to the Office of the Recorder or the Registrar of Titles of the county in
which the site is located
within 45 days after receipt of the
NIR Letter.
You must record the
NFR Letter and any attachments. The NFR Letter shall be filed in accordance with Illinois
law so that it forms a permanent part of the chain of title to ensure current and future
users of the property will be informed of the conditions and terms of approval including
level of remediation; land use limitations; and preventive, engineering, and institutional
controls. A certified or othenvise accurate and official copy of the NFR Letter and any
attachments, as recorded, must be submitted to the Illinois EPA. Failure to record the
NFR Letter in accordance with the regulations will make the NFR Lettervoidable.
For More Information
Please refer to Tiered Approach to Corrective Action Objectives (TACO) Fact Sheet 3 available
from the Illinois EPA by calling 1-888-299-9533 or by accessing it on the Illinois EPA Web site
at http://www.epa.state.il.us/landftaco/3-no-flirther-remediation-letters.htrnl.
RO~FOItt’
—4302 North Main
Street.
Rockiord.
II
61103—815,
‘9FC.’~III
•
I’L ~i-~t~
—9511 ¼.Harrison St.. Des Plaines, IL
60016— (847) 294-4000
has —395
South Scare, Elgin, 1160123— 1847i bUS Jill
•
PIii~iA
— 5415 N. University St.. Peoria, 1161614—1309)693-5463
BugrAt oc LAst’ - P10R1A — 7620 N. University
Si,
Peoria, IL (~ltiI4
— 131)4
f,’1l44h2
• C-i&~wAics
— 2l2SSouIh FirstStreet,Charnpaign. IL 61820—1217) 278-5800
SN1.scFtLP —45005.
Sixth SIre! Rd., Springtield, IL
62706
-121
~i
rHI,.68q2
• COwNSYIEU — 2009 MalI Street, Collinsville, IL 62234—1618) 346-5120
MAR1OS — 2309 \V, Main St Suite I lb. Marion, IL 62959—6181993-7200
Pin-..
iii,, is
Ru
v( ito
P,put
www. unitedscience. corn
United Science ndustrtes, Inc.
P0. Box 360
6295 East IL Highway 5
Woodlawn, IL 62898
toll free 800.372.8740
phone 618.735.241 I
fax 618.735.2907
August 30, 2005
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Springfield, IL 62792-9276
Attn: John Kim
Re:
LPC# 0810205003
—
Jefferson Co.
Dix/Prosise Oil Company
1-57 & Irvington Rd.
LUST Incident No, 982486
Mr. Kim:
Dj2/~EI
Vs0
a!
AUG3
200g
EflVfronrn
A9enct0t001100
United Science Industries, Inc. (USI), on behalf of our client Dalee Oil Company, is
requesting a 90-day extension to the 35-day appeal period in regards to the IEPA
correspondence included. USI received this correspondence from the IEPA on August
22, 2005, that was dated August 19, 2005, in regards to a final decision for the No Further
Action determination for the incident referenced above. A copy of the decision letter is
attached.
I appreciate your time and consideration in this
comments regarding this matter please contact me
Sincerely yours,
UNITED SCIENCE INDUSTRIES, INC.
Rachel Morgan
Project Manager
Enclosures
matter.
at (618)
If you have any questions or
735-2411 ext. 172.
lB IT
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on September 8, 2005, 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
Rachel Morgan, Project Manager
Illinois Pollution Control Board
United Science Industries
James R. Thompson Center
P.O. Box 360
100 West Randolph Street
6295 East Illinois Highway 15
-
Suite 11-500
Woodlawn, IL 62898-0360
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
John 7. Kim
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)
