CONOCOPHILLIPS COMPANY,
)
Petitioner,
)
PCB No
v.
)
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
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue, East
P .O. Box 19276
Springfield, IL 62794-9276
PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the
Pollution Control Board a Petition for Review and Entry of Appearance, copies of which are
herewith served upon you by First-Class mail, postage pre-paid .
3420612
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
This filing is being submitted on recycled paper
(UST Appeal)
THOMPSON COBURN LLP
Edward
BY:
v
A
.
y
Cohen,
~'3
Ill. Bar #6194012
Joseph M . Kellmeyer, Ill
. Bar #6205864
Ryan R
. Kemper, Ill . Bar #6288297
One US Bank Plaza
St. Louis, MO 63101
314-552-6000
FAX 314-552-7000
Attorneys for Petitioner ConocaPhillips
Company
RECEIVED
CLERK'S
OFFICE
S
JCe
`' 0
12006
STATE OF ILLINOIS
Pollution Control Board
BEFORETHE POLLUTION CONTROL BOARD
OFTHE STATE OF ILLINOIS
CONOCOPHILLIPS COMPANY,
)
Petitioner,
)
v.
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
Respondent .
)
3420612
This filing is being submitted on recycled paper
PCB No. je-U1
-1
(UST Appeal)
ENTRY OFAPPEARANCE
COMES NOW Thompson Coburn LLP by Edward A
. Cohen, Joseph M
. Kellmeyer, and
Ryan R
. Kemper, and enter their appearance in the above-styled matter on behalf of Petitioner
ConocoPhillips Company .
Respectfully submitted,
THOMPSON COBURN LLP
BY
:Xj c
t'
Edward A. Cohen, III . Bar #6194012
Joseph M. Kellmeyer, Ill
. Bar #6205864
Ryan R
. Kemper, Ill
. Bar #6288297
One US Bank Plaza
St. Louis, MO 63101
314-552-6000
FAX 314-552-7000
Attorneys for Petitioner ConocoPhillips
Company
REcENVEpCLERK'S
OFFICE
SEP
0
12006
Pollution
STATE OF
Control
ILLINOIS
Board
CONOCOPHILLIPS COMPANY,
)
Petitioner,
V .
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Respondent
.
RECEIVED
CLERK'S OFFICE
SEP 0 1 2006
BEFORE
OF
THE
THE
POLLUTION
STATE OF ILLINOISCONTROLBOARD
TATE OF ILLINOIS
Pollution Control Board
PCB No
. (J
(U ST Appeal)
PETITION FOR REVIEW OF FINAL AGENCY
LEAKING UNDERGROUND STORAGE TANK DECISION
COMES NOW the Petitioner, CONOCOPHILLIPS COMPANY
("COP"),
by its
attorneys Thompson Coburn LLP, pursuant to Sections 40 and 57 of the Illinois Envirormnental
Protection Act, and Subpart D of 35 Ill
. Admin
. Code Part 105, and does hereby appeal the July
26, 2006 decision of respondent ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
("Agency").
1 .
On July 26, 2006, the Agency issued its final decision denying COP's request for
reimbursement from the Underground Storage Tank (UST) Fund
. A copy of that Agency letter
is attached as Exhibit A (hereinafter "Denial Letter") and incorporated herein by reference
.
2 .
The filing of this Petition is timely because it is filed within 35 days of the Denial
Letter (plus 2 of the 4 mailing rule days)
. The timeliness of this September 1, 2006 filing is
confirmed in the Agency's August 31, 2006 correspondence that denied COP's request for an
extension of time to file its Petition
. The time for appeal is therefore up to and including
September 1, 2006
. The Agency's acknowledgement of the September 1, 2006 time for appeal is
attached hereto as Exhibit B and incorporated herein by reference
.
3420612
This filing is being submitted on recycled paper
3 .
The
grounds for this appeal to the Board are that (a) the Denial Letter is
procedurally defective and (h) the budget rejection by the Agency was incorrect both in terms of'
the applicable statutes and regulations as applied 14)
the pertinent facts and on general equitable
and estoppel grounds .
The Denial Letter does not provide adequate or sufficient notice or
explanation concerning why the budget is being rejected, thus making it difficult to state all the
grounds for this appeal with further particularity .
See, e.g.,
415 JLCS 5/57 .7(c); 35 Ill . Admin.
Code 734 .505(b).
b .
The rejection is incorrect because all or some of the rejected budget was
for work that was performed pursuant to the Corrective Action plan that was approved on
November 16, 2004 and/or January 9, 2006 . The budget was rejected even though the Agency
was kept abreast of additional tasks that were necessitated at the site . The budget rejection by
the Agency is inequitable under the pertinent facts and the Agency should be estopped from
denying reimbursement . The Petitioner respectfully disagrees with and appeals from all reasons
set forth for the denial by the Agency in the Denial Letter .
4.
Edward A. Cohen, Joseph M . Kellmeyer, and Ryan R. Kemper file herewith an
Entry of Appearance on behalf of ConoeoPhillips Company.
WHEREFORE, COP requests that the Board conduct a hearing, that the Board reverse
the Agency's July 26, 2006 decision, and for such other relief as the Board deems appropriate
.
3420612
This filing is being submitted on recycled paper
Respectfully submitted,
THOMPSON COBURN LLP
Edward A
. Cohen, 111 . Bar 1/6194012
Joseph M
. Kellmeycr, III . Bar //6205864
Ryan R . Kcrnper, Ill
. 13ar'1/6288297
One 'U S Bank Plaza
St
. Louis, MO 63101
314-552-6000
FAX 314-552-7000
Attorneys for Petitioner ConocoPhillips Compai y
3420612
This filing is being submitted on recycled paper
NN/NLml /~s/A/,(
ILL
[HO ENvIRONMENITAL PROTecnoi~ AGENCY
1021 NORTH GIInNU Avt„UL
EAST, P .O . Box 15276,
SPNINCfICLO, ILLINOIS 62794-9276-
(
217) 782-3397
Jnmcs R TI3oMt'SON
CLgIER, 100 WEST
RMHDOLPH, SUITE 11 .300, OuUCO, IL 1,0601 - (312) 814-6026
ROD R .
BLACOJEVICH, GOVERNOR
DOUGLAS 1'
.
Scorr,
DIREcroR
217/782-6762
JUL 2 & 2006
Phillips Petroleum Company
Attention
: William Prevatt
1218 Phillips Building
Bartlesville, OK 74004
Re :
LPC #0430355116-Du Page County
Elmhurst / Phillips Petroleum
524 Old York Road
Leaking UST Incident No, 901691 and 20001852
Leaking UST Technical File
Dear Mr, Prevatt:
The Illinois
Environmental
Protection Agency (Illinois EPA) has reviewed the Corrective Action
Plan Budget (budget) submitted for the above-referenced incident- This budget, dated May 30,
2006, was received by the Illinois EPA on June 9, 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 Administ-ative
Code (35 Ill . Adm. Code)
.
The budget is rejected for the reason(s) listed below (Sections 57
.7(b) and 57
.7(c) of the Act and
35 111 . Adm
. Code 734 .505(b), 734.510(a)
and 734 .510(b)) .
Pursuant to 35 IAC, Section 734
.335(d), owner/operators proceeding under subsection (d) of this
Section are advised that they may not be entitled to full payment from the Fund
. The activities
conducted at this site beyond the 11/16/04 approval of the Corrective Action plan were
conducted prior to the submittal or approval of an otherwise required corrective plan or budget,
pursuant to 35 IAC Section 734
.335(d)
. Activities conducted prior to the submittal or approval of
an amended corrective action plan and budget also exceeded the minimum requirements to
comply with Title XVI of the Act,
CE ]'IFIFD MAIL
7 C 4 251f)
00001
(3699
1488
An underground ,storage tank system owner or operator rniIy appeal tdlis decision to the Illinois
Pollution Control Board
. Appeal rights are attached
.
Rocxrovo-4302 M1'urlh Main 4reet . Rocklord, IL
61ID3- (815) 987-7760 •
'SP-m!- 9,11
9,'
. garrison St ., Des
PlaInes, IL 60016-(847) 294-4000
LOW-
595 South Stale, Elgin, IL 60123-1847) 6083131
•
Nom- 541D N
. Universal St ., Peoria, IL 61614-(3091693-5463
BUItLAt. or Liuvo-PEONIA-7620 N, Onlverslly St.,
Peoria, IL61614-1309, 693-5462
CnnrnrvacN-2125 South First Sleet, Champaign, IL61820-1217i278-5001
Snmmn¢o-45005 .Statt,S11oetId .,Spttnglleld,IS62706-12171786-6892
COLIWSV,ut-20051,hatlSreeLCollinsville .It62234-(GIB)346-5120
Nwflon- 2309W.
Main
St., Suite 116, Marion, IL 62959- 16181 9937200
Page 2
If you have any questions or need further assistance, please contact Carol Hawbaker at 2171782-
5713
.
Sincerely,
Harry Chappel, P.E.
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
HA C : CLH
C :
Enviromnental Protection Industries
BOL File
Dorothy Gunn, Cleric
Illinois Pollution Control B
State of Illinois Center
100 West Randolph, Suite 1
Chicago, IL 60601
12/814-3620
d
500
Illi ois Environmental Protection
Division of Legal Counsel
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
217/782-5544
Appeal Ri ;hts
An underground storage tank owner or operator may appeal this fina] 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 fin a] decision . 1-lowever, the 35-clay
period may be extended for a period of tune not to exceed 90 days by written notice from the
owner or operator and the illmols EPA within the initial 3 :1-clay 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 decis on, must be sent to the
Illinois EPA as soon as possible
.
For info
on rejardirf he filing of
please contact :
For information regarding the filing of an extension, please contact :
RUG-31-2006 t1 D5
DLC LEGAL
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 No¢n
l GIFAND AVENUE EASE, P .O . Dox 19276,
SI'IUNGI1ELO, ILLINOIS 627949276-( 217) 702-3397
)AMEs R
. TnoMPSOIN CENTER, 100 WEST RANDOLPH, Sunt 11-300, CHICAGO, IL 60601 -(312) 014-6026
ROD R . DLAGO¢vGCH, GOVERNOR
DOUGLAS P Scorr, DIRECTOR
(217)782-5544
(T DD
: 217-782-9143)
August 31, 2006
William D . Prevatt, PhD
Site Manager
Risk Management and Remediation
ConocoPbillips
1218 Phillips Building
Bartlesville, OK 74004
Re
:
#0430355516 - DuPage County
Ehnhurst/Fonner Phillips Petroleum Marketing Site
524 Old York Road
LUST Incidents No . 901691 and 20001852
Dear Mr . Prevatt :
I am in receipt of your letter dated August 28, 2006 requesting an extension of the time in which to
appeal the Illinois EPA's July 26, 2006 decision regarding the above incidents and site
. Since the
issues relating to the decision are not likely to be resolved through the additional time, please be
advised that the request for an extension of time is DENIED. Your time to appeal the earlier
decision is not extended beyond its current deadline of September 1, 2006 .
If you have any questions, please feel free to contact me
.
Sincerely,
William D . Ingersol Manager
Enforcement Programs
cc:
Harry Chappel, BOLILUST Section
Rocerouo-4302 Non), Main Street, Roddord, IL 61103-(81 .5) 987-7760 • DES PLAINIS-9511 W
. Harrison St ., Des Plaines, IL 60016-(847) 294-4000
PLOW -395 South State, Elgin, IL 60123-(047) 6003131
• PEO11A-5415 N . University SL, Peoria, IL
61614-(309) G93 5463
Buuv,uorLAND-Prow,-7620 N . UniversitySt .,Peoria, It61614-(309)6935462 •
CNnmrArcN-2125 South First Street, Charnpaign,It61820-(217)278-5800
SEerNcn4Lo-450D5, Sixth Street Rd ., Springfield, IL 62706-(217) 786-GB92 •
CONINVILLE-2009 MaIl Street, Coll'insvllle, IL 62234-1618) 346-5120
MARION-2309 W
. Main St ., Suite 116, Marion, IL 62959-(618) 993-7200
Aulhur's Direct Line : (217)782-98"!7
E -Mail : wiIIi,m .ingursoll(?cpasl,tc .iI .u s
Telefax : LI7-782-9887
P .02
PRUaon nN Prr.r,,n n-
TOTAL F .22
