BEFORE
THE POLLUTION CONTROL
BOARD
OF THE
STATE OF ILLINOIS
PROSISE OIL
COMPANY (#922355),
)
Petitioner,
)
v.
)
PCB No. 06-
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
)
RECEIVED
CLERK’S OFFICE
DEC
062005
STATE OF ILLINOIS
Pollution Control Board
)
(LUST Appeal
—
Ninety Day Extension)
NOTICE
Dorothy M. Gunn,
Clerk
Illinois Pollution
Control Board
James R. Thompson Center
100 West Randolph Street
Suite
11-500
Chicago,
IL 60601
PLEASE
TAKE
NOTICE
Control
Board a
REQUEST FOR
are herewith served upon
you.
Respectfully submitted,
PC).
Box
360
Rachel Morgan, Project Manager
United Science Industries
6295
East
Illinois Highway
15
Woodlawn,
IL
62898-0360
that
I
have
today
filed
with
the
office of the
Clerk of the
Pollution
NINETY DAY
EXTENSION
OF’
APPEAL PERIOD,
copies of which
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
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: December 2, 2005
Assistant Counsel
RECEIVED
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
DEC
062005
OF THE
STATE
OF ILLINOIS
STATE OF ILLINOIS
Pollution Control Board
PROSISE OIL COMPANY (#922355),
)
Petitioner,
)
v.
)
PCBNo.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
Protectioh
Act
(415
ILCS
5/40(a)(1))
and
35
III.
Adrn.
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
March
6,
2006,
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
March
5,
2006, a Sunday,
and
the next business
day
is
March
6,
2006.
In
support
thereof, the
Illinois
EPA respectfully states
as
follows:
I.
On
October
28, 2005, the
Illinois
EPA issued
a
final
decision
to
the
Petitioner.
(Exhibit
A)
2.
On
November 4,
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 October
31, 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 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
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
217/782-5544
217/782-9143
(TDD)
Dated:
December 2, 2005
This
filing
submitted
on recycled
paper.
2
~fV7
O
ILLINOIS
ENVIRONMENTAL PROTECTION
AGENCY
1021
NORTH
GRAND AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276
—
I
217)
782-3397
JAMES
R.
THOMPSON
CENTER, 100
WEST
RANDOLPH,
SUITE
11-300,
CHICAGO,
IL
60601
—(312)814-6026
ROD
R.
BLAGO)EVICH, GOVERNOR
DOUGLAS
P.
Scon,
DIRECTOR
217/782-6762
CERTIFIED MAIL
OCT 28
2UU~
7004
2510
0001
8648
2592
Jim ProsiseOil Company
OCT
~
I
RECt
Attn: Jim Prosise
P.O. Box
1446
Mt. Vernon,
IL 62864
Re:
LPC #0810205003
—
Jefferson County
Dix/Prosise Oil Company
Dix
& Jrvington Road
LUST Incident No. 922355
LUST Technical File
Dear Mr. Prosise:
The Illinois Environmental Protection Agency (IllinoisEPA) has reviewed the Amended High Priority
Corrective Action
Plan Budget (budget) submitted for the above-referenced
incident.
This budget,
dated
September
14, 2005, was received by the Illinois EPA on September 20, 2005.
Citations in this letter are
from the Environmental Protection Act (Act) and 35 Illinois Administrative Code (35 III. Adm. Code).
The budget is rejected for the reason(s) listed below: (Section 57.7(cX4) ofthe Act and 35
Ill. Adm. Code
732.405(c) and
732.503(b)).
1.
One of the overall goals of the financial review is to assure that costs
associated with materials,
activities, and services are reasonable (35 III. Adm. Code 732.505(c)).
The budget includes costs
that are not reasonable as submitted (Section 57.7(c)(4XC) of the Act and 35 Ill. Adm. Code
732.606(hh)).
Please note that additional
information and/or supporting documentation may be
provided to demonstrate the costs are reasonable.
2.
The budget includes costs that lack supporting documentation (35 III. Adm. Code 732.606(gg)).
A
corrective action plan budget for a site classified as high priority must include,
but not be limited
to, an accounting of all costs
associated with the development, implementation, and completion of
the applicable activities (Section 57.7(cXl)(B) of the Actand 35111. Adm. Code 732.405(b)).
Since there is no
supporting documentation of costs, the Illinois EPA cannot determinethat costs
will
not be used for activities in excess of
those
necessary to meet the minimum requirements of
Title XVI ofthe Act (Section 57.7(a) of the Act and 35
III. Adrn. Code 732.606(o)).
3.
If the operator feels these costs are justified, he must provide appropriate justification for costs
included with the amended budget proposal.
This would include an itemized breakout of the
personnel costs.
4.
The budget includes costs forexcessive personnel costs.
These costs are for activities in excess of
the those necessary to meet the minimum requirements of Title XVI ofthe Act (Section
57.7(a) of
the Act) and 3511!. Adm. Code 732 (Section 732.505(c)).
Costs for corrective action activities and
associated materials or services exceeding the minimum requirements necessary to comply with
the Act are not eligible for payment from the Fund (35 III. Adm. Code 732.606(o)).
In addition,
these costs are not corrective action costs.
“Corrective Action”means an activity associated with
compliancewith the provisions of Section
57.6 and 57.7 of the Act (Section 57.2 of the Act and
ROCKrDRI)
—
4302
North Main
Street,
Rockford,
IL 61 103
—
Si 5)
9)
-.
Harrison
St.,
Des Plaines,
IL 60016
—
(847) 294-4000
ELCIN
—
595 South State, Elgin,
IL 60123
—
847) 608-3
EXHIBIT
ity
St.,
Peoria,
IL
61614
—1309) 693-5463
BL’RE;L
or
LAND-PEORIA
—7620 N. University
St.,
Peoria,
IL 61614—131
5 South
First Street. Champaign,
IL 61820—2171
278.5800
SPrINGFIELD—
45005. Sixth
Street
Rd.. Springfield.
IL 62706—121
9
Malt
Street, Cotlinsvitte,
IL
62234—61st 34h-5120
MARION.—
2309W.
Main
181
993-7200
Page 2
35111. Adm. Code 732.103).
One of the eligibilityrequirements for accessing the Fund is that
costs are associated
with “corrective action” (Section 57.9(aX7) of the Act).
5.
These costs
exceed what the Illinois EPA has historically approved for similar tasks proposed by
other environmental consultants.
6.
These
costs
have been previously approved through other budget proposals
in accordance with 35
Ill. Adm. Code 732.606(o)).
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,
IL
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 contact Scott McGill
at (217)/524-5137.
Sincerely,
C41fr’Z
4t)Aa~&
Clifford L. Wheeler
Unit Manager
Leaking
Underground Storage Tank Section
Division ofRemediation
Management
Bureau ofLand
cc:
United Science Industries, Inc.
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 of issuance ofthe final decision.
However, the 35-day
period may be extended for a period oftime not to exceed
90 days by written notice kom 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 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 information regarding the filing of an 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
United
Science Industries.
In
EQ.
Box
3
6295
East
IL
Htqhway
Woodlawn
IL 628:
toll free
8IJO.372.87~
phone 618.73524
fax
61
8.735.29(
www. unitedsciencecom
November 4, 2005
RECE fl/ED
Division of Legal Counsel
Illinois Environmental Protection Agency
Division of Legal Counsel
NOV
07
2U05
1021
North Grand Avenue East
Springfield, IL 62792-9276
Environmentaj Protection
Ann: John Kim
Agency
Re:
LPC# 0810205003
—
Jefferson Co.
Dix/Prosise Oil Company
1-57 & Irvington Rd.
LUST
Incident No. 922355
Mr.
Kim:
United
Science
Industries,
Inc.
(USI),
on
behalf of our client
Prosise
Oil
Company,
is
requesting
a
90-day
extension
to
the
35-day
appeal
period
in
regards
to
the
EPA
correspondence
included.
USI
received this
correspondence
from
the EPA
on
October
31,
2005,
that
was dated October 28,
2005,
in
regards
to
a
final
decision for the budget
rejection for the incident referenced above.
A copy of the 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.
Rachel Morgan
Project Manager
Enclosures
EXHIBIT
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify
that on December 2,
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.-anftbyiiepusithrg
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 Ccntcr
P.O.
Box
360
100 West Randolph Street
6295 East
Illinois Highway
15
Suite 11-500
Woodlawn,
IlL
62898-0360
Chicago, IL
60601
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
John
Assistant Counsel
Special Assistant Attorney General
Division of Legal
Counsel
1021
North Grand Avehue, East
P.O. Box
19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143
(TDD)
