CAIRO/LOWE OIL,

Petitioner,

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

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 : June 4, 2007

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

PCB No . 07- j

NOTICE

Carol Webb, Hearing Officer

Illinois Pollution Control Board

1021 North Grand Avenue East

P. 0 . Box 19274

Springfield, IL 62794-9274

Carolyn S . Hesse

Barnes & Thornburg, LLP

One North Wacker Drive,

Suite 4400

Chicago, IL 60606-2833

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,

Respondent

(LUST, ppeal -Ninety Day Extension)

RECEIVED

CLERK'S OFFICE

JUN 0 6 2007

Pollution

STATE OF

ControlILLIrjOigbomr(

---

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)(l)) 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 September 14, 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

:

I .

On May 15, 2007, the Illinois EPA issued a final decision to the Petitioner.

(Exhibit A)

2. On June 4, 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

. (Exhibit B)

Tracking information from the Certified Mail number on the final decision indicates the final

decision was received on May 17, 2007

. (Exhibit C)

1

RECEIVED

'S OFFICE

JUN 0 6 2007

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

Pollution

STATE OF

Control

ILLINOIS

Soarr

CAIRO/LOWE OIL,

)

Petitioner,

v.

) PCB No. 07- 1,"L5

ILLINOIS ENVIRONMENTAL

)

(LUST Appea- Ninety Day Extension)

PROTECTION AGENCY,

)

Respondent .

)

---

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: June 4, 2007

This filing submitted on recycled paper

.

2

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1021 NORTH GRAND AvENue EAST, P.O . Box 19276, St, INCNno, Iu1N015 62794-9276

. .( 217) 7(2-3397

JAMES R . THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CI-uc&GO, IL 60601 -1312) 814-6026

Roo R . BIAGOIEVICH, GOVERNOR

DOUGLAS P . ScoTT, DIRECTOR

217/782-6762

CERTIFIED tvLAlL

7004 2510 0001 8616 3538

MAY 1 5 2007

Robert Thompson

R.R

. I

Cairo, IL 62914

ILLINOIS ENVIRONMENTAL PROTECTION AGEr4CY

(IRFCFTVFD

MAY 1 6 2007

Re:

LPC #0030055050 -Alexander County

CairaLowe Oil (Robert & Tony Thompson)

4i1 and Jefferson Streets

Leaking UST Incident No . 20020882

Leaking UST Technical File

The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Corrective Action Plan

(plan) submitted for the above-referenced incident . This plan, dated Novembcc 16, 2006, was

received by the Illinois EPA on November 17, 2006

. Citations in this letter are from th .

Environmental Protection Act (Act), as amended by Public Act 92-0554 on June 24, 2002, and 35

Illinois Administrative Code (35 Ill. Adm. Code) .

Pursuant to Sections 57.7(b)(2)

and 57.7(c) of the Act and 35 Ill. Adm, Code 734.505(b) and

734 .510(a), the plan is approved . The activities proposed in the plan are apnropriatr, to

demonstrate compliance with Title XVI of the Act

. -Please note that all activities associated with

the remediation off this release proposed in the plan must be executed in accordance with all . .

applicable regulatory and statutory requirements, including compliance with the proper permits

.

In addition, the budget is rejected for the reason(s) listed below (Sections 57 .7(b)(3) and

57.7(c)(4) of the Act and 3511L Adm . Code 734 .505(b) and 734 .510(b)'). .,

1. The budget includes corrective action costs for soil excavation, transportatio a and

disposal and costs for backfill that are not reasonable as submitted . Such costs:are

ineligible for payment form the UST Fund pursuant to Section 57

.7(:)(3) of :he Act and

35 111 . Adm . Code 734 .630(dd) .

A detailed time and materials cost breakout is required from each bidder to demonstrate

they are qualified and able to perform the work being bid pursuant tc

35

. IIL. Adm . Code

734.$55(a) . This information should include a.time and materials breakout of all

subcontractors' costs as well .

If the owner or operator agrees with the Illinois EPA's modifications, submi ttal of an amended

plan and/or budget, .if applicable, is not required (Section 57 .1(c).of the Act)

RI IOKD-4302 North Main Street Rockford, 14 61103-(615) 987-7760 • DES PLANS-9511 W, Hanlson SL, ma f lames, IL 60016 -(017) 294-400D

P1mN-595 South State, E!gin,I160123=(8471 . 606-3131

-Ftoei-5415 N . UniversitySt .,Peoria,IL61-,14-(309)493-5463

BLREAJ Of LAID- PTOP.

n -

7620 N . Unlvet9ty St ., Peoria, IL 61614 -(309) 6935462

C u RXC4- 2125 South Fiat Street Champaign IL 61820- (217) 278-5800

SBBelcnILn-4500 5. Sivrh Street Rd ., Spin5feld, IL 62706-(217) 7866892

MAngn-2309 W . Main St. . Sukc 116, Maden,

, Cow-a-rut-2009

IL 62959-(618)

Mall Street,

993-7200Col

[In,viI]e, IL62

: :34-(618) 3465120

N:nitc On RK,cl .e Pr.ern -

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NOTE

: Pursuant to Section 57

.8(a)(5) of the Act, if payment from the Fund will b e sought for

any additional costs that may be incurred as a result of the Illinois EPA's moe ifcatiocs, an amended

budget must be submitted

. Amended plans and/or budgets must be submitted and approved prior to

the issuance of a No Further Remediation (NFR) Letter

. Costs associated with a plan cr budget that

have not been approved prior to the issuance of an NFR Letter will not be paid from the Fund .

Pursuant to Sections 57 .7(b)(5) and 57

.12(c) and (d) of the Act and 35 Ill . Adm. Code 734 .100 and

734.125,

the Illinois EPA requires that a Corrective Action Completion Report that achieves

compliance with applicable remediation objectives be submitted within 30

days after completion of

the plan 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 .

Please note that, if within four years after the approval of this plan, compliance with the applicable

remediation objectives has not been achieved and a Corrective Action Completion Report has not

been submitted, the Illinois EPA requires the submission of a status report pursuant to Section

57.7(b)(6) of the Act .

If you have any questions or need further assistance, please contact the Illinois EPA project

manager, Steve Jones, at 217/5241253 .

Sincerely,

Hernando A. Albarracin

Unit Manager

Leaking Underground Storage Tank Section

Division of Remediation Management

Bureau of Land

HAA :SJ\Lowe Oil (20020882) CAP Nov 06 .doc

Attachment : Appeal Rights

c:

CWBOL3MFile

P .3

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Appeal Rights

An underground storage tank owner or operator may appeal this final deci aion 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 fatal 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

I

RFC

MAY 1

.

6

;

2007

D

BY:C-C-)

TflTfl 0 lC

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JUN-04-2007 12 :1 2

DLC LEGAL

06/04/2007 12 :11 FAX 3127595646

Barnes&Thornburg

BARNES &THORNBURG LLP

Carolvn S. Hesse

(312) 214-8301

Emaitd chesse© h tlaw.com

VIA FACSIMILE & FEDERAL EXPRESS

Mr. William Ingersoll

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P .O . Box 19276

Springfield, Illinois 62794-9276

Re:

LPC #0030055050 - Alexander County

Cairo / Lowe Oil (Robert & Tony Thompson)

4tl'

and Jefferson Streets

LUST Incident #20020882

Dear Bill :

On May 15, 2007, the Agency issued a letter with respect to the above referenced LUST

Incident. It is my understanding that the letter was received by Mr

. Thompson on May 17, 2007 .

A copy of the letter is attached .

CW3

M believes that, based upon discussions with you and others at the Illinois

Environmental Protection Agency and for other reasons, that we will be able to resolve the issues

raised in the IEPA letter . However, we believe that we will not be able to resolve these issues by

the deadline for filing an appeal of these issues to the Illinois Pollution Control Board . Thus, this

is a request for a 90 day extension pursuant to the Illinois Environmental Protection Act . Section

40(a)(1) and 35 IAC 105

.406 to allow us the needed time to continue these d :scussio 3s and to try

to resolve the issues .

Earlier today we discussed this request for a time extension and agreed to such a time

extension . If for any reason the Agency will not seek the 90 day extension, please notify me no

later than the close of business on June 15, 2007, so that I may file the appro

;iriate appeals to the

Board . If you have any questions or comments, please do not hesitate to contact me .

Sincerely yours,

BARNES & THORNBURG

Carolyn S. Hess

CSH/jmr

Enclosure

cc :

William Sinnott

r ~~

L

Carol L. Rowe

G1C VI'

bl,

° 0r 't2 ;;go

Elkhart

Fort Wane

Grand Rapids

Indianapolis

South Be . id

`%%ashington, D .C

.

llnle 4, 2007

P .02/05

Q002/005

Suite 4400

One North blacker Drive

Chicago, IL 60606-2833 U .S .A .

(312) 357-1313

Fax (M) 759 5646

wwwbdaw .cum

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CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on June 4, 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

Carol Webb, Hearing Officer

Illinois Pollution Control Board

Illinois Pollution Control Board

James R

. Thompson Center

1021 North Grand Avenue East

100 West Randolph Street

P. O. Box 19274

Suite 11-500

Springfield, IL 62794-9274

Chicago, IL 60601

Carolyn S. Hesse

Barnes & Thornburg, LLP

One North Wacker Drive,

Suite 4400

Chicago, IL 60606-2833

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)