RECEIVED
CLERK'S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
APR I
C
2006
Pollution Control Board
MIDWEST PETROLEUM COMPANY,
)
Petitioner,
)
vs .
)
PCB No .
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent
.
)
NOTICE
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of
the Pollution Control Board Exhibit A which should be attached to the Petition for
Review of Final Agency Leaking Underground Storage Tank Decision, a copy of
which is herewith served upon you
.
Robert E. Shaw
IL ARDC No. 03123632
Curtis W. Martin
IL ARDC No. 06201592
SHAW & MARTIN, P.C .
Attorneys at Law
123 S. 10th Street, Suite 302
P.O. Box 1789
Mt. Vernon, Illinois 62864
Telephone (618) 244-1788
William D . Ingersoll
Manager Enforcement Programs
Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, IL 62794-9276
h. *0
OF THE STATE OF ILLINOIS
STATE OF ILLINOIS
Curtis W. Mart'
Attorney for
Midwest Petro um Company, Petitioner
SLAIRIkka
1021 NORTH GRAND AVENUE EAST, P.O .
Box
19276, SPRINGFIELD, ILLINOIS 62794-9276 - ( 217) 782-3397
JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601 - (312) 814-6026
ROD R. BLAGOJEVICH, GOVERNOR
DOUGLAS P. SCOTT, DIRECTOR
217/782-6762
CERTIFIED MAIL
= RECD
7004 2510 0001 8590 5030
FEB 2.8 2006
Midwest Petroleum
Attention: Mike McNutt
6760 Southwest Avenue
St. Louis, Missouri 63143
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Re :
LPC #1631255004- St. Clair County
Shiloh/Wei Enterprises
529 Maple Street
LUST Incident No. 982804
LUST-Technical File
Dear Mr. McNutt :
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Site Investigation
Plan (plan) submitted for the above-referenced incident . This plan, dated February 15, 2006,
was received by the Illinois EPA on February 21, 2006. Citations in this letter are from the
Environmental Protection Act (Act), as amended by Public Act 92-0554 on June 24, 2002, and
35 Illinois Administrative Code (35 Ill. Adm. Code) .
The plan and the associated budget are rejected for the reason(s) listed below (Sections 57 .7(a)
and 57.7(c)(4) of the Act and 35 111 . Adm. Code 732.503(b))
.
The plan is rejected for the following reason(s)
:
The plan had not provided additional documentationijustification for the additional
personnel hours requested for excavation, transportation, disposal and backfill as
indicated in the previous Illinois EPA letter dated July 18, 2005 . Since the corrective
action activities have been completed copies of the invoices, statements, manifests, bills,
etc. can be submitted as documentation to justify the additional personnel hours
requested. According to the amended plan soils to be excavated, transported, disposed
and backfilled have been reduced. It would appear as though the cost of such corrective
actions should also have a reduction. It is not clear to the Illinois EPA why additional
costs as being sought when overall corrective action activities were reduced
.
Rock;nen-430'- North Main Street. Rockiord.IL61303-tSi51987-7760
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CHAMP IGn
2125 South First Street, Champaign, IL 61820-
( 221'1 2
78-5600
Sri, t,n-4 ;Ot5Si,th Street Rc
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PAP:r
EXHIBIT--/J.
Page 2
The plan budget is rejected for the following reason(s)
:
1 .
Pursuant to Section 57.7 of the Act and 35 Ill. Adm. Code 732.503(b), the associated
budget is rejected for the following reason :
A full financial review shall consist of a detailed review of the costs associated with each
element necessary to accomplish the goals of the plan as required pursuant to the Act and
regulations. Items to be reviewed shall include, but not be limited to, costs associated
with any materials, activities, or services that are included in the budget plan. The
overall goal of the financial review shall be to assure that costs associated with materials,
activities, and services shall be reasonable, shall be consistent with the associated
technical plan, shall be incurred in the performance of corrective action activities, and
shall not be used for corrective action activities in excess of those necessary to meet the
minimum requirements of the Act and regulations (Section 57.7(c)(3) of the Act and 35
Ill. Adm. Code 732.505(c)).
Without an approvable plan, the proposed budget cannot be fully reviewed
.
Pursuant to Sections 57.7(a) and 57.12(c) and (d) of the Act and 35 111 . Adm. Code 732.100 and
732.105, a revised plan and/or budget must be submitted within 90 days of the date of this letter
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
.
Page 3
If you have any questions or need further assistance, please contact Mindy Weller at 217/782-
6762 .
Sincerely,
Harry A. Chappel, P.E .
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
HAC:MW:mw\98280413.DOC
cc
:
Bob Pulfrey, USI, Inc .
Division File
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND AVENUE EAST,
P.O. Box 19276,
SPRINGFIELD, ILLINOIS
62794.9276-( 217) 782-3397
JAMES R .
THOMPSON CENTER,
100 WEST
RANDOLPH,
SUITE 11 .300,
CHICAGO,
IL 60601 -(312) 814-6026
ROD R .
BLAGOJEVICH, GOVd%RsQaI R
E
g~ucLAS
P. SCOTT,
DIRECTOR
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) of the Act by filing a petition
for a hearing within 35 days after the
-
date of issuance of the final decision . However, the 35-day
period may be extended for a period of time not to exceed 90 days by written notice from the
owner or operator and the Illinois EPA within the 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
7.ocs.(LCe-4302 North Main Street. Rockford, IL 61103-(815198--7760
-
Des PL.alNts-9511 \1' . Harrison St .. Des Plaines. IL 60016 -18471 294-4000
fi~ .rv.-505 South State, Elein, IL bO123-1847.608-313
Peowa-5415 N, University St ., Peoria, IL 61614-!3091693-5463
Pot'a~-76206.Unieersit~St .,Peoria,IL€1614-x,309,693-5462
•
CHAMPala
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2125 South First Street, Champaign, IL61820-(2171
7_ :8-5600
tine"<:In~ -43DOS.SixthStreetRd-Snring6eid.!L62706- 217 , -86-6892
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Co:unsnue-2009Ma!15treet,Collinsville .IL€2234-(618 346-5120
ct,au ;~ - 2309 W, main A.. Suite 116, clarion, IL 62959-16181 993-7200
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