BEFORE THE POLLUTION CONTROL BOARD
Augusta/Wright
Petroleum
OF THE STATE OF ILLINOIS
Petitioner,
V .
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
Dorothy M . Gunn, Clerk
Illinois Pollution Control Board
James R . Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Terry Newell
Wright Petroleum Company
202 North Scofield
Carthage, IL 62321
PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the Pollution
Control Board a REQUEST FOR NINETY DAY EXTENSION OF APPEAL PERIOD, copies of which
are herewith served upon you .
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
~-f
RespondentMelanie
xX"A
. Jarvis
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: January 12, 2007
)
07
PCB No .MC
NOTICE
(LUST Appeal - Ninety Day Extension)
Jennifer L . Hosmon
Project Manager
United Science Industries, Inc .
P.O. Box 360
6295 East IL Highway 15
Woodlawn, IL 62898
RECE
CLERK'S
OFFICE
IVED
JAN 1 7 2007
Pollution Control Board
I
RECEIVED
CLERK'S OFFICE
JAN 1 7 2007
BEFORE THE POLLUTION CONTROL BOARD
STATE OF
ILLINOIS
OF THE STATE OF ILLINOIS
Pollution Control Board
Augusta/Wright Petroleum
Petitioner,
)
01 -t,
V .
)
ILLINOIS ENVIRONMENTAL
PCB No. C
)
(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, Melanie A
. Jarvis, Assistant Counsel and Special Assistant
Attorney General, and, pursuant to Section 40(a)(1) of the Illinois Environmental Protection Act
(415 ILCS 5/40(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 April 18, 2007, 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
. In support thereof, the
Illinois EPA respectfully states as follows :
1 .
On December 12, 2006, the Illinois EPA issued a final decision to the Petitioner
.
(Exhibit A)
2 .
On January 5, 2007, 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
.
Tracking information from the Certified Mail number on the final decision indicates the final
decision was received on December 14, 2006
. (Exhibit B)
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
Melanie A. Jarvis
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
: January 11, 2007
This filing submitted on recycled paper .
2
January 5, 2006
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
ATTN: Bill Ingersoll
Re: LPC #0670055005 -
Hancock County
Augusta/Wright Petroleum
Highway 61
(a.k.a. E . Main Street)
LUST Incident
No. 20002140
LUST TECHNICAL FILE
Dear Mr. Ingersoll :
w ww .unitedscience .co m
Division
RECEIVED
of Legal Counsel
)A°9
0 9 2007
Environmental Protection
Agency
United Science Industries, Inc .
2O . Box 360
6295 East IL Highway 15
Woodlawn, 11 62898
toll free 800
.372 .8740
phone 618 .735 .241 1
fax 618 .735 .2907
RECEIVED
JAN 0 8 2007
IEPA/g®L
United Science Industries, Inc
. (USI), on behalf of our client, Terry Newell, is requesting a 90-
day extension to the 35-day appeal period in regards to the rejection of a High Priority Corrective
Action Plan Budget
. The Illinois Environmental ProtectionAgency (Agency) rejection letter
dated December 12, 2006 is attached .
The reason for this appeal extension is to provide the additional time necessary for the Agency
and USI to negotiate a settlement resulting from the rejection as defined in Attachment A of the
decision
. Presently, we are in productive negotiations with Tom Henninger at the Agency and
are making progress on settling this issue
. The concern is that we are running out of time and the
negotiation process could take a while to finalize
.
The budget which the Agency approved in the December 6, 2004 decision is not the budget that
matches the High Priority Corrective Action Plan (HPCAP) that was modified by the Agency on
the same date
.
The alternative technology HPCAP, which was received by the Agency on
September 28, 2004, included one budget that was certified by the Professional Engineer and two
non-certified "stripped down" budgets
. The certified budget was found in Appendix D of the
HPCAP and corresponded with the HPCAP
. The approved remediation method was ex-situ soil
mixing.
The two non-certified "stripped down" budgets were found in Appendix H of the
HPCAP and were included for cost comparison purposes only
. The first budget included costs
for conventional technology field services, while the second budget included costs for ex-situ soil
mixing field services.
Since the purpose of the Appendix H budgets was to compare field
services only, they did not include any professional consulting services and they were not
certified
. The budget that the Agency approved was the "stripped down" ex-situ soil mixing
budget, which does not correspond with the HPCAP and does not include any professional
services
. Also, this budget was not certified by the owner or by the Professional Engineer
.
For the above reasons, a 90-day extension to appeal is requested
. Wright Petroleum appreciates
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 162
.
Sincerely,
UNITED SCIENCE INDUSTRIES, INC
.
£.
Jennifer L . Hosmon
Project Manager
Enclosures
ti
e
1021
NORTH GRAND AVENUE EAST, P .O . Box 19276, SPRINGFIELD, IUUNOis 62794-9276 - (
217) 782-3397
JAMES R . THOMPSON CENTER, 1 DO WEST
RANDOLPH, SUITE 11-300, CHICACO, IL 60601
- (312) 814-6026
ROD R, BLAGOJEVICH, GOVERNOR
217/782-6762
DEC i 2
zoos
RECEIVED
7004
2510
0001
8585
8596
r .
.C .
IQ
o
Wright
Attn
: Terry
Petroleum
Newell
Com$ .
-7A/TN
202 North Scofield
Carthage, IL 62321
Re: LPC #0670055005
-- Hancock County
Augusta/Wright Petroleum
Highway 61 (a.k.a. E. Main Street)
LUST Incident No . 20002140
LUST Technical File
Dear Mr. Newell :
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority
Corrective Action Plan Budget (budget) submitted for the above-referenced incident- This
budget, dated August 17, 2006, was received by the Illinois EPA on September 7, 2006
.
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 reasons) listed in Attachment A (Section 57
.7(c) of the Act and 35
Ill. Adm. Code 732.405(c) and 732 .503(b)).
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
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
/~oo~3G--Tf1
DOUGLAS
P . SCOTT, DIRECTOR
CERTIFIED MAIL
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 .
ROcO0an-4302 North Man Street
. Rockloni, IL 61103-1815)967 .7760
• Dts Puwts-9511 W . Harrison St
. . Des Plainer, IL 60016-(847) 294-4000
Et ON -
595 South State, Elgin, IL 60123-L847)608-3131
'
• PEORIA -5415 N . University St ., Peoria, IL 61614-1309) 693-5463
BUIEAUOrLAND- PEMIA-71 . UniversitySt. .Peoria
.IL61614-(309)693-5462
C,+AAVAiGN-2125 South FintStreet,Champaign, IL61820-(217)275-5800
SPRINGFIELD-45005
. Sixth Street Rd ., Springfield, 0.62706-(217)
756-6892 ••
CQUINsvRLI-2009 Mall Street, Collinsville, IL 62234-(618) 346-5120
MWON
- 2109W
. Main S1 ., Suite 116, Marion, IT 62959-(61B)993-7200
PNRIr€U ON RECYCEID PAPER -
Page 2
if you have any questions or need further information, please contact John Barrett at (217) 782-
4869.
Sincerely,
Thomas A . Hennin
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
TAH:JDB
Attachment:
Attachment A
Appeal Rights
C :
United Science Industries
Division File
Re:
LPC 40670055005 -- Hancock County
Augusta/Wright Petroleum
Highway 61 (a.k.a. E . Main Street)
LUST Incident No
. 20002140
LUST Technical File
Citations in this attachment are from the Environmental Protection Act (Act) in effect prior to
June 24, 2002, and 35 Illinois Administrative Code (35 111
. Adm
. Code).
1 .
The budget includes corrective action costs that are not reasonable as submitted . Such
costs are ineligible for payment from the Fund pursuant to Section 57.7(c)(4)(C) of the
Act and 35 III. Adm
. Code 732 .606(hh).
The costs included in this budget amendment have been previously approved in earlier
budgets. The additional hours in this amendment are excessive . There is no indication
that additional work has been performed to justify additional costs above those already
approved . The rates in this amendment are not the rates that would be appropriate for the
time when the work was completed
.
Attachment A
JDB
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)
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
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on January 12, 2007, 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 and by depositing
said sealed envelopes in a U .S
. mail drop box located within Springfield, Illinois, with sufficient
First Class postage affixed thereto, upon the following named persons
:
Dorothy M
. Gunn, Clerk
Illinois Pollution Control Board
James R . Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Terry Newell
Wright Petroleum Company
202 North Scofield
Carthage, IL 62321
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
Melanie A
. Jarvis
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)
Jennifer L. Hosmon
Project Manager
United Science Industries, Inc
.
P .O
. Box 360
6295 East IL Highway 15
Woodlawn, IL 62898
