DALEE
OIL COMPANY (SCWP/B),
Petitioner,
V.
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite
11-500
Respondent.
)
40
)
PCB No.
06-
RECEIVED
CLERK’S OFFICE
SEP
122005
STATE OF ILLINOIS
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
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,
Resp
John LKim
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)
BEFORE
THE
POLLUTION CONTROL
BOARD
OF THE STATE OF ILLINOIS
Assistant Counse,
Dated: September
8, 2005
RECEIVED
ERKS OFFICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
SEP
122005
STATE
OF ILLINOIS
DALEE OIL COMPANY
(SCWP/B),
)
~OlIUtion
Controj Board
Petitioner,
)
V.
)
PCB No. 06-
ILLINOIS ENVIRONMENTAL
)
(LUST Appeal
—
Ninety Day Extension)
PROTECTION AGENCY,
)
Respondent.
)
REQUEST
FOR NINETY
DAY EXTENSION
OF APPEAL PERIOD
NOW
COMES the Respondent,
the
flhinois
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
5140(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
125th
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 identif~’
issues
and
limit the scope of any
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
-
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)
Dated: September 8,
2005
This filing
submitted
on recycled
paper.
2
/
~1T.~:
e
ILLINOiS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINoIS
62794-9276
—1
217)
782-3392
JAMES
It
THOMPSON
CENTER,
100
WEST
RANDOLPH, SUITE
11-300,
CHIc,Go,
IL
60601
—1312) 814-6026
ROD
R.
BLAGOJEVICH,
GOVERNOR
DOUGLAS
P.
Scorr,
DIRECTOR
217/782-6762
CERTIFIED MAIL
AUG
192005
‘S.,
7004
2510
0001
8649
5356
~UO
2 ~
RECO
Dalee Oil
Company
Ronald Kruep
P. 0. Box
519
Okawville, Illinois 62271
Re:
LPC#
1890405005
--
Washington County
Okawville / Dalee Oil Company
905 N. Hen House Road
LUST Incident No. 972197
-
LUST Technical File
Dear Mr.
Kruep:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the amended Site
Classification Work Plan (plan) submitted for the above-referenced incident.
The Illinois
EPA
received this plan, dated June
1, 2005,
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 Illinois
EPA has determined that the activities proposed in this
plan are appropriate to
demonstrate compliance with Title XVI ofthe Act and 35
Ill. Adm. Code 732
(Section 57.7(a)(l)
ofthe Act and
35111.
Adm. Code
732.305(c)
or 732.312(j)).
Therefore, the plan is
approved.
In addition,
the budget is modified pursuant to
Section 57.7(a)(1) ofthe Act and
35111.
Adm.
Code 732.305(c) or 732.3 12(j).
Based on
the modifications li~ied
in Section
2 of Attachment A,
the amounts listed
in Section
1 ofAttachment A are approved.
Please note that the costs must be
incurred in accordance with the approved plan.
Be aware that the amount ofreimbursement may
be limited by Sections
57.8(e), 57.8(g),
and
57.8(d)
ofthe Act, as well as
35
Ill. Adm. Code
732.604,
732.606(s), and
732.611.
NOTE:
Amended plans
and/or 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 ofan NFR Letter will not be reimbursable.
Please direct all
future correspondence to:
RGCKFORD
—
43D2 North Main Street,
Rockford,
IL
61103
—1815)
ELGIN
—
595 South
Slate, Elgin,
IL 60123—18471608
8URE~L’at L~.’wo-Pfo~I4
—7620
N.
University
St..
Peoria, 1161614—I
SPRINGFIELD
—
4500 S. Sixth Street
Rd.,
Springfield,
IL 62706
—
12
—
2309
W. Mai
Harrison
SI.,
Des Plaines,
II 60016—
(8471
294-4000
IL 61614—13091 693-5463
IL 61820—
(2171 278-5800
!234—1618)
346-5120
Mall
Street, ColIins~’ilIe,
IL
I
81 993-7200
I
Page
2
Illinois Environmental Protection Agency
Bureau of Land
-
#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 theRe: block shown at the beginning
ofthis letter.
An underground storage tank system owner or operator may appeal
this decision to the Illinois
Pollution Control Board.
Appeal rights are attached.
Ifyou have any questions or need further assistance, please contact Brian Bauer at 217/782-335.
Unit Manager
Leaking Underground Storage Tank Section
Division ofRemediation Management
Bureau of
Land
HAC:BB\
Attachment:
AttachmentA
cc:
United Science Industries
Division File
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 oroperator 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 ofthis decision, must be sent to the
Illinois EPA as soon as possible.
For information regarding the
filing ofan appeal, please contact:
Dorothy Gunn, Clerk
Illinois
Pollution
Control Board
State ofIllinois
Center
100 West Randolph, Suite
11-500
Chicago, IL
60601
312/814-3620
For infonnation 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,
IL
62794-9276
217/782-5544
Attachment A
Re:
LPC#
1 890405005
--
Madison County
Okawville / Dalee Oil Company
905
N. Hen House Road
LUST Incident No. 972197
LUST Technical
File
Citations in
this attachment are from the Environmental Protection Act (Act) and 35
Illinois
Administrative Code (35
III. Adm.
Code).
SECTION
1
The budget was previously approved for:
$6,327.45
Investigation Costs
$4,220.00
Analysis Costs
$9,400.00
Personnel Costs
$627.00
Equipment Costs
$108.75
Field Purchases and Other Costs
$43.20
Handling Charges
As
a
result ofthe Illinois EPA’s modification(s) in
Section
2 ofthis Attachment A, the following
amounts are approved:
$0.00
Investigation Costs
$0.00
Analysis Costs
$424.00
-
Personnel
Costs’
$60.00
Equipment Costs
$805.00
Field Purchases and Other
Costs
$0.90
Handling Charges
Therefore, the total
cumulative budget is approved for:
$6,327.45
Investigation Costs
$4,220.00
Analysis Costs
$9,824.00
Personnel Costs
$687.00
Equipment Costs
$913.75
Field Purchases and Other Costs
$44.10
Handling Charges
SECTION
2
1.
$11,100.00 deduction for costs that lack supporting documentation
(35 III. Adm. Code
732.606(gg)).
A physical soil classification and groundwater investigation budget must
include, but not be limited to, an
accounting of all costs associated
with the development,
B B\
implementation, and completion of the physical soil classification and groundwater
investigation plan (Section 57.7(a)(2) of the Act
and 35
III. Adm.
Code
732.305(b)(2)).
Since there is no supporting documentation of costs, the Illinois EPA cannot determine
that
costs will not be used for activities in excess ofthose necessary to
meet the minimum
requirements ofTitle XVI ofthe Act
(Section 57.5(a) ofthe Act and 35
III. Adm.
Code
732.606(o)).
The
budget
amendment
previously
submitted
indicated
that
unforeseen
circumstances
occurred
the
necessitated
the
increase
in
the
amount
needed
for
personnel
time
to
complete site classification activities
however, no specific circumstances were provided.
www.unftedscience.com
United
Scrence Industries,
Inc
PG.
Box 360
6295
East
IL Highway
15
Woodlawn, IL 62898
toll
free 800.372.8740
phone
618,735,2411
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:
no!
AUc3~
?Oog
Etflifr0
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 budget
rejection for the incident
referenced above.
A copy ofthe decision letter is
attached.
I
appreciate
your time
and
consideration
in
this
matter.
If
you
have
any
questions
or
comments regarding this matter please contact me at (618) 735-2411
ext.
172.
Sincerely yours.
UNITED SCIENCE
INDUSTRIES, INC.
1~n
~
Rachel Morgan
Project Manager
Enclosures
ILE’J
CERTIFICATE OF SERVICE
I, the
undersigned attorney at law, hereby certify that on
September 8, 2005,
1 served true
and
correct
copies ofa
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,
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)
