BEFORE THE ILliNOIS POLLUTION CONTROL cnJI'''l.If'UJ
THE
ILliNOIS
DALEE OIL COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
) PCBNo. __
)
(LUST Appeal)
)
)
)
NOTICE OF FiliNG
To:
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
William D. Ingersoll
Managing Attorney
III. Environmental Protection Agency
1021 North Grand Ave. East
Springfield, IL 62702
PLEASE TAKE NOTICE that we have this day filed with the office of the
Clerk of the Pollution Control Board the
Petition for Review
a copy of which is
enclosed herewith and hereby served upon you.
August 20, 2007
DAlEE OIL COMPANY
Mandy L. Combs
One of its Attorneys
John
T. Hundley
Mandy
L.
Combs
THE SHARP LAW FIRM, P.C.
P.O. Box 906 - 1115 Harrison
Mt. Vernon, IL 62864
618-242-0246
Counsel for Petitioner Dalee Oil Company
Electronic Filing, Received, Clerk's Office, August 20, 2007
* * * * * PCB 2008-016 * * * * *
BEFORE
POLLUTION
OF THE
DALEE OIL COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
) PCBNo. __
)
(LUST Appeal)
)
)
)
Pursuant to
§§
40 and 57.7 of the Environmental Protection Act ("Act"), 415 ILCS
5/40,
5/57.7,.
to the Board's regulations on Leaking Underground Storage Tank ("LUST")
decisions, 35
ILL. ADM. CODE 105.400
et seq.,
and to the decision denying continuance of
the filing hereof beyond today's date (see Exhibit 1), petitioner Dalee Oil Company
("Dalee") submits this
Petition for Review
of the Illinois Environmental Protection Agency
("Agency") decision attached hereto as Exhibit 2 ("Decision") denying approval of Dalee's
High Priority Corrective Action Plan (the "Plan") and further denying approval of the budget
associated therewith.
Pursuant to
§
57.8(1) of the Act, Dalee further requests the Board to order the Agency
to pay Dalee's legal costs for seeking payment in this appeal.
I.
The Decision of which review is sought is contained in Exhibit 2 hereto.
II.
The Decision indicates
it
was mailed July 12, 2007. It was received by Dalee July
16, 2007 and this appeal is timely pursuant to William Ingersoll's letter dated August 6,
2007 of which a true copy is attached as Exhibit 1.
III.
Electronic Filing, Received, Clerk's Office, August 20, 2007
* * * * * PCB 2008-016 * * * * *
The Agency's conclusion that the majority of the work proposed in the Plan
had already been performed without Agency approval is erroneous, not supported by the
evidence, arbitrary, capricious and contrary to law.
The Agency's conclusion that the Plan failed to provide information
demonstrating that the technology had a substantial likelihood of successfully achieving
compliance with applicable regulations and corrective action remediation objectives and of
protecting human health and the environment is erroneous, not supported by the evidence,
arbitrary and capricious.
c. The Agency's denial of Dalee's budget was erroneous, arbitrary, capricious, and
contrary to law, in that the denial of the Plan with which the budget was associated was
erroneous, arbitrary, capricious and contrary to law.
IV.
For all the foregoing reasons, petitioner Dalee Oil Company respectfully submits
that the Decision should be reversed and the Agency ordered to approve the High Priority
Corrective Action Plan and the budget associated therewith, and order the Agency to pay
Dales's attorneys' fees for this appeal.
August 20, 2007
DALEE OIL COMPANY
John T. Hundley
Mandy
L. Combs
THE SHARP LAW FIRM, P.C.
P.O. Box 906 - 1115 Harrison
Mt. Vernon, IL 62864
618-242-0246
Counsel for Petitioner Dalee Oil Company
MandyCombs\USI\Dalee\Petition for Review2.doc
2
Electronic Filing, Received, Clerk's Office, August 20, 2007
* * * * * PCB 2008-016 * * * * *
fLLlNOIS 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, GOVERNOR
DOUGLAS P. SCOTT, DIRECTOR
(217)782-5544
(TDD: 217-782-9143)
August
6, 2007
RECEIVED
AUG 07ZD07
BY:
------
Author's Direct Line: (217)782-9827
E-Mail: .william.ingersoll@illinois.gov
Telefax: 217-782-9807
Mark Owens, Project Manager
United Science Industries, Inc.
P.O.
Box 360
6295 East lL Highway 15
Woodlawn,lL 62898
Re:
LPC
#
1190555055 - Madison County
Dalee Oil Company/Highland
Broadway and Olive Street
LUST Incident No. 950915
Dear Mr. Owens:
The Illinois Environmental-Protection Agency ("TIlinois
EPA") is in receipt ofyour August 1,2007
letter requesting a 90-day extension to the 35-day appeal period
in
regards to a July 12,2007 decision
regarding the above site and incident. The request is DENlED.
It
does not appear likely that the
additional time would result in a resolution. The deadline for :filingany appeal
ofthis matter remains
at August 20, 2007
based upon a July 16, 2007 received date ofthe decision.
Sincerely,
William D..Ingersoll, Manager
Enforcement Programs
cc:
Clifford Wheeler, BOL/LUST
Karl Kaiser, BOLILUST
ROCKFORD -
4302
North Main Street, Rockford, IL
61103 - (815) 987-7760 •
DES PLAINES -
9511
W. Harrison St., Des Plaines, IL
60016 - (847) 294-4000
ELGIN -
595
South State, Elgin, IL
60123 - (847) 608-3131
•
PEORIA -
5415
N. University sr, 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
SPRINGFIELD -
4500
S. Sixth Street Rd., Springfield, IL
62706 - (217) 786-6892
•
COlliNSVILLE -
2009
Mall Street, Collinsville, lL
62234 - (618) 346-5120
MARION -
2309
W. Main St., Suite
116,
Marion, IL
62959 - (618) 993-7200
PRINTED ON RECYClED PAPER
Electronic Filing, Received, Clerk's Office, August 20, 2007
* * * * * PCB 2008-016 * * * * *
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH
GRAND AVENUE
EAST,
P.O.
Box 19276,
SPRINGFIELD, ILLINOIS
627~4-9276
- { 217} 782-3397
J~ES
R.
THOMPSON CeNTER,
100 WEST RANDOLPH, Sum 11-300. CHICAGO, IL 60601 - {312l 814-6026
ROD
R.
BLAGOJEVICH, GOVERNOR
DOUGLAS
P;
SCOTT, DIRECTOR
217/782-6762
RECEIVED'
JUL 16Lim,
JUL 1 2
2007 BY:
~/
Dalee Oil Company
Attn: Ronald
Kruep
1405
Salem Road
Mount Vernon, Illinois 62864
Re:
LPC #1 190555055 -- Madison County
Highland/Dalee Oil Company
Broadway and Olive Street
Leaking UST Incident No. 950915
Leaking UST Technical File
Dear Mr. Kruep:
CERTIFIED MAIL
70C4 2510 coot 8619 8066
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority
Corrective Action Plan (plan) submitted for the above-referenced incident. This information,
'dated
May 22, 2007, wasreceived by the Illinois EPA on May 23, 2007. Citations
in
this letter
are
from
the Environmental Protection Act (Act) in effect prior to June 24, 2002, and 3S Illinois
Administrative Code (35 Ill, Adm. Code).
.'
Pursuantto Section 57.7(c)(4) ofthe Act and 35 Ill. Adm, Code 732.405(c), the plan is rejected
for the reasons listed
in
Attachment A.
Pursuantto Sections 57.7(a)(l) and 57.1(c)(4) ofthe Act and 35 Ill, Adm. Code 732.405(e) and
732.503(b), the associated budget is rejected for the reasons listed in Attachment A.
Pursuant to 35 Ill.
Adm, Code 732.401, the Illinois EPA requires submittal ofa revised plan, and
budget ifapplicable, within 90 days ofthe date ofthis letter to:
Illinois Environmental Protection
Agency
Bureauof Land• #24 .
Leaking Underground Storage
Tank Section
1021.North
Grand Avenue East
Post Office
Box 19276
Springfield, IL 62794-9276
ROC~FORO
- 4302 N{J!th Main Street, Rockford,
IL
61103 - (815)987-7760
Q
DES PtNNES - 9511 W. Harrison St., DEliPlaines, IL 60016 - (847) 294-4000
.
ElClN - 595 South
Stale,
Elgin,
It
60123 - (54?} 608-3131
•
PEORIA -
5415 N. University51.,
Peoria, It
61614 - (309) 693-5463
BuREAU
Of
LAND.
PEORIA -7620
N.
UniverSity St., Peoria, IL61614 - (309) 693.5462 $
CHAMFAlGN -
2125 South First Street,
Champaign, It
61820 - (217) 278-5800
5F1llNGFIRD -
4500 S. Sixth Street Rd.,Springfield,
It
62706 - (217) 786-6892
•
COlliNSVIllE - 2009 Mall Street, Collinsville,11.. 62234 - (618) 346-5120
MARION -
2309 W. Main St., Suite 116, Marion,
It
62959 - (615) 993-7200
PRINTED ON REcYClED PAPER
Electronic Filing, Received, Clerk's Office, August 20, 2007
* * * * * PCB 2008-016 * * * * *
Page 2
Please submit all correspondence in duplicateandinclude the Re: block shown at the
beginning
ofthis letter.
An underground storage tank system owner or operator may appeal this decision to the illinois
Pollution Control Board. Appeal rights are attached.
If you have any questions or need further information, please contact Karl Kaiser at (217) 524- .
. 4650.
Sincerely,
Clifford
L.
Wheeler
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau
ofLand
CLW::KEK\
Attachment: Attachment A
Appeal Rights
c:
Mark Owens, US!
BOLFile
_
.... __.
__._-------
Electronic Filing, Received, Clerk's Office, August 20, 2007
* * * * * PCB 2008-016 * * * * *
Attachment A
Re:
LPC #1190555055 -- Madison County
Highland/Dalee Oil Company
Broadway and Olive Street
Leaking
UST Incident No. 950915
Leaking UST 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
Ill,
Adm. Code).
PhmDemal .
1.
Pursuant to 35lll. Adm. Code 732.405(a), prior to conducting any corrective action
activities pursuant to Subpart D
ofPart 732, the owner or operator shall submit to the
Illinois EPA a Low Priority groundwater monitoring plan or a High Priority corrective
action plan satisfying
the minimum requirements for such activities as set forth in 35 Ill.
Adm. Code 732.403 or 732.404, as applicable.
The plan fails to meet the above requirements for the following reasonfs):
The majority of the work proposed in this plan
has
already been performed without
Agency approval.
The proposed injection of sodium persulfate/hydrogen peroxide is being denied
at
this time.
hiformation has'not been previded to demonstrate the technology has a substantial
likelihood ofsuccessfully achieving compliance with all applicable regulations and all
corrective action remediation objectives necessary to
comply with the Act and regulations
and. to
protect human health or the environment (35 m. Adm. Code 732.407(a)(1) or
731.166(b».
2.
Pursuant to 35 ill. Adm. Code 732.407(a), "an owner or operator may choose to use an
alternative technology for corrective action
in
response to a release ofpetroleum at a High
. Priority site. Corrective action plans proposing the use ofalternative'technologies shall
be submitted to the illinois
EPA in accordance with 35 Ill. Adm, Code 732.405. In
addition
to
the requirements for corrective action plans contained in 35 Ill, Adm, Code
732.404, the owner or operator who seeks approval of an alternativetechnology shall
submit documentation along
with the corrective action plan demonstrating that:
a.
The proposed alternative technology has a substantial likelihood
of successfully
achieving compliance with all applicable regulations and all corrective
action
remediation objectives necessary to comply with the Act and regulations to
protect human health or the environment;
Electronic Filing, Received, Clerk's Office, August 20, 2007
* * * * * PCB 2008-016 * * * * *
b.
Theproposed alternative technology will not adversely affect human health or the
environment;
c.
The owner or operator will obtain all Illinois .EPA permits necessary to legally
authorize use of the alternative technology;
d.
The owner or operator will implement a program to monitor whether
the
requirements of35 TIL Adm, Code 732.407(a)(1) have been met; and
e.
Within one year from the date of Illinois EPA approval, the owner or operator will
provide
to the Illinois EPA monitoring program results establishing whether the
proposed alternative technology will successfully achieve compliance with 35
m.
Adm. Code 732.407(a)(1) and any other applicable regulations. The Illinois EPA
may require interim reports as necessary to track the progress
of the alternative
technology. The Illinois EPA will specify in the approval when those interim
reports shall be submitted to
the-Illinois EPA.
•
The plan fails to meet the above requirements for the following reasorus):
The majority
ofthe work proposed in this plan has already been performed without
Agency approval.
The proposed injection of sodium persalfate/hydrogen peroxide is being denied aUbis time.
Information bas not been provided to demonstrate the tecbnology has a substantial
lilteJihood
of successfUllyachieving compliance with all applicable regulations and all
corrective action remediation objectives necessary to comply with the Act and regulations
and to protect human health or the environment (35 m. Adm. Code 732.407(a)(1) or
731.166(b».
Budget Denial
1.
Pursuant to Sections 57.7(c) of the Act and 35 Ill. Adm, Code 732.305 or 732.405 and
732.503(b), the associated budget is rejected for the following reason:
The Illinois EPA
hasnot
approved the plan with which the budget is associated.
Until such time as the plan is approved, a determination regarding tlle associated
budget- i.e., a determination as to whether costs associated with materials,
activities, and services are reasonable; whether costs are consistent with the
associated technical plan; whether costs
willbe incurred
in
the performance of
corrective action activities; whether costs win not be used for corrective action
activities in excess
ofthose necessary to meet the minimum.requirements of the Act
and regulations, and whether costs exceed the maximum payment amounts set forth
in
Subpart H of35 Ill, Adm. Code 732 cannot be made (Section 57.7(c)(4)(C) of the
Act and
35lll. Adm. Code 732.505(c».
KEK
Electronic Filing, Received, Clerk's Office, August 20, 2007
* * * * * PCB 2008-016 * * * * *
Appeal Rights
An
underground storage tank. owner or operatormay appeal this final decision
to
the, Illinois
Pollution Control Board pursuant to Sections40 and 57.7(c)(4)
ofthe Act by filing a petition for
a hearing within 35 days after the date of issuance ofthe final decision. However,the 35-day
period may be extended for a period of time not to exceed90 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 writtenrequest that includes a statementofthe
date the final decision was received, along
with
a copy of this decision, must be sent to
the
Illinois EPA as soonas possible.
'
For information regarding
the filing ofan appeal, please contact:
Dorothy
Gunn,
Clerk
Illinois Pollution Control Board
State
ofIllinois Center
100 West Randolph, Suite 11-500
Chicago,IL 60601
312/814-3620
For information regarding the filing ofan extension, please contact:
illinois EnvironmentalProtection
Agency
Division of Legal Counsel
1021 North Grand Avenue East
Post OfficeBox 19276
Springfield, IL 62794-9276
2171782-5544
Electronic Filing, Received, Clerk's Office, August 20, 2007
* * * * * PCB 2008-016 * * * * *
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that I caused copies of the
foregoing document to be served by placement in the United States Post Office
Mail Box at 14
th
& Main Streets in Mt. Vernon, Illinois, before 6:00 p.m. this
date, in sealed envelopes with proper first-class postage affixed, addressed to:
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
August 20, 2007
John
T.
Hundley
Mandy
L.
Combs
THE SHARP LAW FIRM, P.C.
P.O. Box 906 - 1115 Harrison
Mt. Vernon, IL 62864
618-242-0246
Counsel for Petitioner 2F, Inc.
sara\wpdocs\USI-HighlandDalee\Notice.wpd
William D. Ingersoll
Managing Attorney
Ill. Environmental Protection Agency
1021 North Grand Ave. East
Springfield, IL 62702
Mandy L. Combs
Electronic Filing, Received, Clerk's Office, August 20, 2007
* * * * * PCB 2008-016 * * * * *
