BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVEDCLERK'S
OFFICE
NOV 1 3 2006
KNAPP OIL COMPANY, INC .
STATE OF ILLINOIS
)
Petitioner,
Pollution Control
Board
)
v .
)
PCB
(LUST
07-Appeal~~-Ninety
Day
ILLINOIS ENVIRONMENTAL PROTECTION
)
Extension)
AGENCY,
)
Respondent .
)
NOTICE
Dorothy Gunn
Beth Giacomo
Clerk
United Science Industries, Inc .
Illinois Pollution Control Board
P.O. Box 360
100 West Randolph Street, Suite 11-500
Woodlawn, Illinois 62898
Chicago, Illinois 60601-3218
PLEASE TAKE NOTICE that I have today caused to be filed a REQUEST FOR NINETY
DAY EXTENSION OF APPEAL PERIOD with the Illinois Pollution Control Board, copies of
which are served upon you.
ILLINOIS ENVIRONM
AL PROTECTION AGENCY
es G. Richardson
pecial Assistant Attorney General
Dated: November 8, 2006
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVEDCLERK'S
OFFICE
NOV 1 3 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARYFATE
OF ILLINOIS
Pollution Control Board
KNAPP OIL COMPANY, INC .
)
Petitioner,
)
v.
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
PCB No . 07- J-I
(LUST Appeal - Ninety Day Extension)
REQUEST FOR NINETY DAY EXTENSION
OF APPEAL PERIOD
NOW COMES the Respondent, the Illinois Environmental Protection Agency ("Illinois
EPA"), by one of its attorneys, James G . Richardson, 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
February 9, 2007, or any other date not more than a total of one hundred twenty-five (125) days
from the date of receipt of the Illinois EPA's final decision . In support thereof, the Illinois EPA
respectfully states as follows :
1 .
On October 5, 2006, the Illinois EPA issued a final decision to the Petitioner
.
2 .
On October 23, 2006, 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 to join in
requesting that the Board extend the thirty-five day period for filing a petition by ninety days
.
Upon information and belief the Petitioner did receive the final decision on October 10, 2006 .
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
es G. Richardson
ecial Assistant Attorney General
Dated : November 8, 2006
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
THIS FILING IS SUBMITTED ON RECYCLED PAPER
2
Knapp Oil Company
Attention
: Rick Forth
P .O . Box 215
BY:
Xenia, Illinois 62821
Re:
LPC #1270155039 -- Massac County
Metropolis/ Knapp Oil Company
1117 East 5 th Street
LUST Incident No
. 992410&991949
LUST Technical File
Dear Mr. Forth
:
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 April 15, 2006, was received by the Illinois EPA on August 17, 2007
.
Citations in this letter are from the Environmental Protection Act (Act) in effect prior to June 24,
2002, and 35 Illinois Administrative Code (35 Ill . Adm . Code).
The budget is rejected for the reason(s) listed below (Section 57
.7(c) of the Act and 35 111 . Adm
.
Code 732 .405(c) and 732
.503(b)) :
1 .
The Agency letter dated July 17, 2006, requested a budget be submitted to the Agency that
excluded costs associated with CACR preparation and R-26 calculations as these costs were
approved in the July 14, 2004 settlement
. The amended budget received August 17, 2006
included cost associated with CACR preparation as well as an additional $9,8616 .67 in
personnel costs not included in the May 4, 2006 budget
. The Agency is again requesting a
duplicate May 4, 2006 budget minus personnel costs associated with CACR preparation and
any additional costs beyond the preparation of an amended budget
.
ROCKFORD-4302 North Main Street,
Rockford, IL 61103-(815) 987-7760
Des PLAINSS-9511 W, Harrison St ., Des Names, IL 60016-(847) 294-4000
ELGIN- 595 South State, Elgin, IL 60123-(847) 608-3131
•
PEORIA-5415 N . University St ., Peoria, IL 61614-(309) 693-5463
BUREAU OF LAND -
PEORIA
-
7620 N . University St ., Peoria, IL 61614
- (309) 693-5462 • CHAMPAIGN - 2125 South First Street, Champaign, IL 61820 - (217) 278-5800
SPRInGFIELO- 4500 S . Sixth Street Rd
., Springfield, IL 62706 - .(217) 786-6892
• COLIINSVILLE-2009 Mall Street, Collinsville, IL 62234 -(618) 346-5120
MARION-2309 W
. Mann St ., Suite 116, Marion, IL 62959-(618) 993-7200
PRINTED oN RECYCLED PAPER
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND AVENUE EAST, P .O . Box 19276, SPRINGFIELD, ILLINOIS 62794-9276 -(
217) 782-3397
1FMES
R . THOMPSON CENTER,
100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601 - (312) 814-6026
ROD R .
E3LAGOJEVICH, GOVERNOR
DOUGLAS P . SCOTT, DIRECTOR
217/782-6762
CERTIFIED MAIL
OCT 0 5 2006
RECEIVED
7004 2510 0001 8594 8952
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) 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
es G. Richar on
ecial 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)
CERTIFICATE OF SERVICE
1, the undersigned attorney at law, hereby certify that on November 8, 2006 I served true and
correct copies of a REQUEST FOR NINETY DAY EXTENSION OF APPEAL PERIOD by first
class mail of the United States Postal Service upon the persons as follows
:
Dorothy Gunn
Beth Giacomo
Clerk
United Science Industries, Inc.
Illinois Pollution Control Board
P
.O
. Box 360
100 West Randolph Street, Suite 11-500
Woodlawn, Illinois 62898
Chicago, Illinois 60601-3218
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
THIS FILING IS SUBMITTED ON RECYCLED PAPER
