BEFORE
THE POLLUTION CONTROL
BOARD
OF THE STATE OF ILLINOIS
PROSISE OIL COMPANY (#982486),
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
PCBNo.06-
)
(LUST Appeal
—
)
)
NOTICE
RECEIVED
CLERK’S OFFICE
DEC
062005
STATE OF ILLINOIS
Pollution Control Board
Ninety Day Extension)
Dorothy M.
Gunn,
Clerk
Illinois
Pollution Control Board
James
R.
lhompson Center
100 West Randolph Street
Suite
11-500
Chicago,
IL 60601
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 NTNETY
DAY
EXTENSION OF
APPEAL.
PERIoD,
copies of which
are herewith served
upon you.
Respectfully submitted,
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
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
V
Assistant Counsel
•
RECEIVED
BEFORE THE POLLUTION
CONTROL BOARD
CLERK’S OFFICE
OF THE
STATE OF ILLINOIS
DEC
062005
PROSISE OIL COMPANY (#982486),
)
V.
)
PCBNo.06-
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)(1)
of the
Illinois
Environmental
Protectidn
Act
(415
ILCS
5/40(a)(1))
and
35
111.
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
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:
1.
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,
ILLNOIS
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: December
2, 2005
This
filing submitted
on
recycled
paper.
2
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O
ILLINOIS
ENVIRONME~1ALPROTEO1ON
AGENCY
1021
NORTH
GRAND AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILI.INOIS
62794-9276—1217)782-3397
JMIES
R.
THOMPSON
CENTER,
100
WEsT
RANDOLPH, SUITE
11-300,
CHICAGo,
IL
60601
—
(31 2)814-6026
ROD
R.
BLAGOJEVICH,
GOVERNOR
DOUGLAS
P.
SCOTT.
DIRECTOR
217/782-6762
CERTIFIED MAIL
OCT
2821111?
••
7004
~io
OCt31
8648
2585
Jim Prosise Oil Company
OCT
1
PEC’fl
Attn: Jim Prosise
-
P.O. Box
1446
Mt. Vernon, IL 62864
Re:
LPC #08 10205003
—
Jefferson County
Dix/Prosise
Oil Company
Dix & Irvington
Road
LUST Incident No. 982486
LUST Technical File
Dear Mr. Prosise:
The Illinois Environmental
Protection Agency (Illinois EPA) 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) of the Act and 35
III. 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 Ill. Adm. Code 732.505(c)).
The budget includes costs
that are not reasonable as submitted (Section
57.7(c)(4XC)
ofthe Act and 35 Ill. Adm. Code
732.606(hh)).
Please notethat 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 Ill.
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) ofthe Act and 35
III. Adm. Code 732.405(b)).
Since there
is no supporting documentation ofcosts, the Illinois EPA cannot determine that 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) ofthe Act and 35
Ill. Adm. 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 for excessive personnel costs.
These costs are for activities in cxcess of
the those necessaryto meet the minimum requirements of Title XVI of the Act (Section 57.7(a) of
the Act) and 35
Ill. 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 Ill.
Adm. Code 732.606(o)).
In addition,
these costs are not corrective action costs.
“Corrective Action” means an activity associated with
compliance with the provisions of Section
57.6
and
57.7 of the Act (Section 57.2 of the Act and
RC)CKFORD— 3302
North
Main Street,
Rockiord,
IL
61103 —(81319
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Harrison St.,
Des Plaines
IL 60016 —(847)
294-4000
EI.GIN
—595 South State, Elgin.
1160123—
(8471 60&
rsily
SI.,
Peoria,
IL 61614—309) 693-5463
BLIREAL
OF
LAND-
PEORIA—7620 N.
University
St.
Peoria
1L616141
EXHIBIT
25
South FirstStreet
Champaign
1161820—
2171
278-5800
Spti~c;rtw—4500S.Sixth
Street
Rd..
Springfield.
IL 62706—12
.
Malt
Street, Collinsyille
IL 62234—1618)346-5120
MARION
—2309W. Mai
J
618)993.7200
Page 2
35
III. Adm. Code 732.103).
One ofthe eligibility
requirements for accessing the Fund is that
costs
are associated
with “corrective action” (Section
57.9(aX7) ofthe Act).
5.
These costs exceed what the Illinois EPA has historically approved for similar tasks proposed by
other environmental consultants.
6.
These costs havebeen 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 ofLand
-
#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
atthe
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.
Ifyou have any questions or need further assistance, please contact Scott McGill at
(217)1524-5137.
Sincerely,
Clifford L. Wheeler
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
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 ofissuance ofthe final decision.
However, the 35-day
periodmay be extended for a period
of time not to
exceed 90 days by written notice from the
owner or operator and the Illinois EPA withinthe
initial 35-day appeal period.
If the owner or
operator wishes to
receive a 90-day extension, a written
request that includes a statement of the
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 Pollution Control Board
State
of Illinois 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 of Legal Counsel
1021
North Grand
Avenue
East
Post Office Box
19276
Springfield,
IL
62794-9276
217/782-5544
:
-
www unitedscience.com
United Science Industries,
Int
PG.
Box
36
6295
East
IL Highway
I
Woodlawn.
IL 6289
toll
free
800.372.874’
phone
618735 241
lax 6
i8.735.290
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:
‘~
~..
r.
D,;SZ~i0~
~
~cunSe~
Environmental Protection
Agency
-
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
IEPA
correspondence
included.
USI
received this
correspondence
from
the
IEPA
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.
i~L~
~r
Rachel Morgan
Project Manager
November 4, 2005
Enclosures
CERTIFICATE OF SERVICE
I, the undersigned attorney at
law,
hereby certify that on
December 2, 2005,1
served_tme
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,
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)
