NOKOMIS Oil COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
PCB No.
_
)
(lUST Appeal)
)
)
)
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.
October 17, 2007
NOKOMIS
Oil COMPANY
One
of its Attorneys
John
1.
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 Nokomis Oil Companyl
Electronic Filing, Received, Clerk's Office, October 17, 2007
* * * * * PCB 2008-031 * * * * *
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
October 17, 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 Nokomis Oil Company
saralwpdocsIUSI-NokomisINotice.wpd
William D. Ingersoll
Managing Attorney
III. Environmental Protection Agency
1021 North Grand Ave. East
Springfield, IL 62702
Electronic Filing, Received, Clerk's Office, October 17, 2007
* * * * * PCB 2008-031 * * * * *
NOKOMIS OIL COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
) PCB No. __
)
(LUST Appeal)
)
)
)
Pursuant to
§§
40 and 57.7 of the Environmental Protection Act ("Ac!") , 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 Nokomis Oil Company
("Nokomis") submits this
Petition for Review
of the Illinois Environmental Protection
Agency ("Agency") decision attached hereto as Exhibit 2 ("Decision") denying approval
of
Nokomis' Corrective Action Plan (the "Plan") and further denying approval of the budget
associated therewith.
Pursuant to
§
57.8(1) of the Act, Nokomis further requests the Board to order the
Agency to pay Nokomis' legal costs for seeking payment
in this appeal.
I.
The Decision of which review is sought is contained in Exhibit 2 hereto.
The Decision indicates it was mailed September
10, 2007. It was received by
Nokomis on or about September 12, 2007 and this appeal
is timely pursuant to William
Ingersoll's letter dated October 10, 2007 of which a true copy is attached as Exhibit 1.
Electronic Filing, Received, Clerk's Office, October 17, 2007
* * * * * PCB 2008-031 * * * * *
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.
The Agency's denial of Nokomis' 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 Nokomis Oil Company respectfully submits
that the Decision should be reversed and the Agency ordered to approve the Corrective
Action Plan and the budget associated therewith, and order the Agency to pay Nokomis'
attorneys' fees for this appeal.
October
17,2007
NOKOMIS Oil COMPANY
John 1. 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 Nokomis Oil Company
sara\wpdocs\USI-Nokomis\Petition for Review.doc
2
Electronic Filing, Received, Clerk's Office, October 17, 2007
* * * * * PCB 2008-031 * * * * *
ILLlNOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFlELD, 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. Scon,
DIRECTOR
(217)782-5544
(TDD: 217-782-9143)
October 10, 2007
RECEIVED
OCT
1
i
zao?
BY:
-----
Author's
Direct
Line:
(217)782.J}827
E-Mail: wilIiam.ingersoll@illinois.gov
Telefax:
217-782-9807
Beth Giacomo, Project Manager
United Science Industries, Inc.
P.O. Box 360
6295 East IL Highway
15
VVoodlavvn,IL 62898
Re:
LPC
# 1350455012 - Montgomery County
NokomislNokomis Oil Company
100 South Hickory
LUST Incident No. 982761
Dear Ms. Giacomo:
The illinois Environmental Protection Agency ("Illinois EPA")
is in receipt ofyour October 5, 2007,
2007 letter requesting a 90-day extension to the 35-day appeal period
in
regards to a September 10,
200Tdecision regarding the above site and incident. The request is DENIED.
It
does not appear
likely that the additional time would result in a resolution. The deadline for filing any appeal
ofthis
matterremams at October 17, 2007 based upon a September 12,
2007 received date ofthe decision.
Sincerely,
William D. Ingersoll, Manager
Enforcement Programs
cc:
HaITy
A
Chappell, BOLILUST
ROCKfORD-4302 NDrth Main Street, Rockford, IL 61103 (815) 987-7760 •
DES PLAINES-9511 W. HarrisonSt.. Des Plaines, IL 60016 (847) 294-4000
ELGIN - 595 South State, Elgin, lL 60123 - (847) 608.3131
•
PEORIA - 5415 N. University St., Peoria, lL 61614 - (309) 693-5463
BUREAU Of LAND - PEORIA - 7620 N. University St., Peoria, IL 61614 - (309) 693-5462
•
CHAMPAIGN - 212S Soyth 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, IL 62234 - (618) 346.5120
MARION - 2309 W. Main St., Suite 116, Marion, IL 62959 - (618) 993-7200
PRlr-.rrED ON RECYCLED PAPER
--------_
..
__ ..
._.-'--
---l
Electronic Filing, Received, Clerk's Office, October 17, 2007
* * * * * PCB 2008-031 * * * * *
J
10/04/07
10: 51 FAX
ILUNOIS ENVIRONMENTAL PROTECTION AGENCY
10-21 NORTH
GRAND AVENUE
EAST, P.O. Box 19276, SPRINGfIELD,
IlliNOIS
62794-9276 - ( 217) 782.3397
JAMES R. THOMPSON CENTER, 100 Wm RANDOLPH, SUITE 11-300. CHICAGO.
IL
60601 - (312) 814-6026
ROD
R.
BLAGOJEVfCH, GOVERNOR
DOUGLAS
P. S'COTI,
DIRECTOR
217/782-6762
SEP 1"0
2007
...
Nokomis OilCompany
Attn: 'MikeOltman
602 West State Street
Nokomis, illinois
62075
Re: .' LPC,135045S012 -- Montgomery County
,Nokomis! Nokomis Oil
Company
100 South HickoIY'
,
LUST.IncidCnt No. 982761
LUST Technical File
Dear Mr. Oltman:
~002
The illinois Environmental Protection Agency (Illinois
liPA)
has reviewed'the Corrective Action
Plan (plan) submitted
for. the abovtHeferenced incident. This plan, dated June 29, 2007 was
,I received
by
the nIinois EPA on July 9, 2007 Citations in this letter are from the Environmental
PrQtection Act (Act), as amended by Public Act 9.2-0554 011 June 24,2002, and 35 illinois
Administrative Code (35 Ill. Adm. Code). .
The
plan is rejected for the teason(s) listed below (SectioUf? 57.7(b)(2) and 57.7(c) ofthe Act and
35
Dl. Adm. Code-734.505(b) and 734.510(a»:
1. The proposed injection ofsodium persU1fute is being denied at this time.
Infonn~tion
bas
not been provided to demonstrate the technology has a substantial likelihood of.
successfully achieving colllpliance 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 732.401(a)(1). The Agency
'hasapproved ofone site on which a pilot study is
in
progress on the :remediation success
ofsodium pemuJfate. The Agency is not approving
any
use ofsodium persu1fate until the
results
ofthe pilot study are
submitt~
and deemed effective in remediating petrolew:a
contamination.
floo:FOllO - 4302
North Main Street, Rockford,
1161103 - {alS} 987-7760 "
Des
PwNES-
9511 W.
Harrison
St"
Des Plaines, It
60016 - {l347} 294-4000
E.GN-
595 South State, Elgin,
IL
60123 -
{B4?]
608-3131
"
ProfllA- 5415 N. University St., Per:na, It 61614 -
(3~)
693-5463
•
BUR£AU
Of
LANe - PEO/UA- 7620 N.
Uflivel'$lty
St., Peoria, It 61614 - (309) 693-5462
5
CHAMPAlGN - 2125
South
First Street,
ChampaIgn,
It 6UlJO - (217}
278-,:,1300
_ ..,
.
_ ..
~-
-----
---- -_ ...... _-_
.... _ .....
....... ""...... _11 ("<--.-..:>.
r_It:!__
...:H ....
n
£""''"'1,:)..1
fCia,
2A£':..3:1-.,n
Electronic Filing, Received, Clerk's Office, October 17, 2007
* * * * * PCB 2008-031 * * * * *
10/04/07 10:52 FAX
Page 2 ,
14l 003
The'budgetis rejected for the reasori(s) listed beiow (Sections 57.7(b){3) and 57.7(c) ofthe Act
and
35 TIL
Adm. Code 734.630 and 734.655):
The Illinois
EPA has not approved the plan. with which the budget is associated."
Until such time as the plan is approved, a detennination regarding the associated
budget-
te.~
a detennination as to whether costs associated with materials,
activities,
and services are reasonable; whether costs are consistent with the
associated
technical plan; whether costs will be incurred
in
the performance of
corrective action activities; ,whether costs will not be used for corrective action
activities
in'excess of those necessaryto meet the minimum requirements ofllie Act,
and regulations, and whether costs exceed,the maximum payment amounts set forth
in
Subpart
H
of35 m. Admr Code 734-cannot be made (Section 57.7(c)(3) ofllie
Act and 35 TIL Adm. Code 734.510(b».
Pursuant to Sections 57.7(b) and 57.12(c)
and
(d) ofllie Act and 35
m.
Adm. Code 734.100 and
734.125, a plan andlorbudgetmust be submitted within 120 days ofthe date ofthis letter to:
nIinois Environmental Protection Agency
Bureau ofLand - #24 ,
Leaking Underground Storage Tank Section
1021 North Grand Avenue East
Post Office Box 19276
Springfield,
IL
62794~?276
Please submit
all
correspondence
in
duplicate and include 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 a.ttached.
Electronic Filing, Received, Clerk's Office, October 17, 2007
* * * * * PCB 2008-031 * * * * *
,
10/04/07
10:52 FAX
-
,
Page 3
Ifyou have any questions or need further assistance, please contact James R. Malcom, ill at
217/524-9140.
.
Smcerely,
. Chappel, P.E.
UniiManager
Leaking
Underground Storage Tank Section
Division
ofRemediation Management
Bureau of,Land
HAC:JRM
cc:
USI
BOLFile
bee: Harry ChliiWe1
,James Malcom
141004
Electronic Filing, Received, Clerk's Office, October 17, 2007
* * * * * PCB 2008-031 * * * * *
