LINOIS
POLLUTION CONTROL BOARD
RSON
PETROLEUM, INC.,
Petitioner,
O IS
ECTION AGENCY
Respondent.
TO: Mr. John T. The
Assistant Clerk
Illinois
Pollution Control Board
James R. Thompson
Center
100 West Randolph, Suite 11-500
0601
)
CE that I have today filed with the Office of the Clerk of
the Illinois Pollution
Control
Board
a PETITION FOR REVIEW. directed to the
Illinois Pollution Control Board, a copy of which is herewi
Respectfully submitted,
Dated: April 15, 2009
By: /s/Edward W.
Edward W. Dwyer
. Rios
HODGE DW
Attorneys
3150 Roland Avenue
Post Office Box 5776
linois 62705-5776
(217) 523-4900
T HIS PILING SUB
D PAPER
Electronic Filing - Received, Clerk's Office, April 15, 2009
* * * * * PCB 2009-087 * * * * *
ILLINOIS POLLUTION
CONTROL BOAR
DICKERSON
EUM, INC.,
Respondent.
ION FOR REVIEW
and through its attorneys,
tion, Pe
0
and 57.7(c)
of the Illinois Environmental Prot on Act
(" "), 415 ILCS 5/40, 57.7(c)
and 35 Ill. Admin. Code Part 105, hereby requests
review of the decision by
the
Respondent, Illinois Environmental
Protection Agency ("Agency'), regarding
d 45-Day
Report Addendum ("Addendum").
In
support of thi
No.
SON PETROLEUM,
INC. ("Petitioner"), by
follows:
oner was the owner of underground
storage tanks ("USTs") formerly
0
008.
Illinois ("Site"), prior to their removal
on
On January 18, 2008,
during a preliminary investigation of the
Site,
ioner, in accordance with applicable Illinois Pollution
Control Board ("Board") and
of the State Fire Marshal ("OSFM")
requirements, notified the
Illinois Emergency
Management Agency ("IEMA")
of a release from the USTs.
Incident No. 20080084.
Electronic Filing - Received, Clerk's Office, April 15, 2009
* * * * * PCB 2009-087 * * * * *
3.
On or about April 15, 2008, Petitioner
submitted
for
the above-referenced lea
st for
extension of the early action
deadline. By
the Agency approved
the Report and a Stage I Site Investigation
Plan. In May of 2008,
ioner's
consultant submi
1 eater date
4.
UST
("LUST")
incident. By letter
dated May 15, 2008,
13, 2008,
the Agency approved the
extension of the early action period.
On or about September
5, 2008, after the removal of the
USTs from the
submitted
its Addendum to the Report, to the Agency.
By letter dated March 9, 2009, the
Agency determined that based
on the
Report, "the incident is not subject to
35 Il
from Illinois
E
734, 732, or 731."
See Letter
o Dickerson Petroleum, Inc.
(Mar. 9, 2009), attached hereto as Exhibit
to
the Agency
A. In addition, the Agency stated
in regards to the
Report,' the Illino
September 5, 2008 45-Day Report Addendum
of
Program." Id.
6.
0
neither a statutory nor regulatory
basis
UST incident.
Further,
2009 lette
conversations with Agency representat
the release from
d on the above
d several
, who indicated that the Agency was
no laboratory analysis of soil
les confit-tninýz the release.
The Agency's explanation for excluding the release
from LUST
regulation is erroneous as there are no statutory or regulatory
requirements
oratory analysis of soil
or
groundwater
samples to confirm a release
at a
rch
9,
2009
letter from the Agency inaccurately identifies the Report
as being dated April 25
2008. The correct date of the Report is April 15,
2008.
2
Electronic Filing - Received, Clerk's Office, April 15, 2009
* * * * * PCB 2009-087 * * * * *
s . Accordingly,
because Petitioner confirmed a release
in accordance with the
OSF
regulations, incorporate by reference
in the Board's regulations at
35 111 Adm. Code Part
lease
discussed above is subject to LUST
Program requirements.
7.
the owner/operator's appea
ORE, for the above and foregoing reasons,
Petitioner, DICKE,RSON
LUST
matters. Although the Petitioner's appeal rights
were not delineated in the March
20(79 letter, the Agency
has orally acknowledged that the March 9, 2009
letter was a
o n.
8 .
Thus, Petitioner is
seeking rev
cy's March 9, 2009
determination
that the above-referenced incident is not
subject to the State's LUST
regulations. The Agency's determination regarding
this incident is arbitrary, capricious,
and without statutory or regulatory a
PET
the following relief:
a.
2009 letter
did not include language
expl
ically seen in the Agency's
final decisions in
ests that the Illinois
he Agency's March
9, 2009 final decision is arbitrary,
and without statutory or regulatory authority;
Reverse the Agency's determination
that the above-referenced incident is
ident and find that the incident must be regulated in accordance
with 35
Code Part 734;
Fund and that costs
at the above-referenced incident is eligible to access the LUST
red during the early action, period for
this release are eligible for
bursement from the LUST Fund in accordance
with applicable regulations;
Electronic Filing - Received, Clerk's Office, April 15, 2009
* * * * * PCB 2009-087 * * * * *
Award
Petitioner reasonable
attorney's fees and expenses
incurred in
nging
this action,
e.
Award
such further relief as
the Board deems Just and
equitable.
Respectfully
submitted,
ON
Petitioner,
Dated: April 15, 2009
By:
/s/Edward W. Dwyer
One of Its Attorneys
Edward W. Dwyer
Monica
T. Rios
VER
3150 Roland Avenue
Post
Office Box 5776
field, Illinois
62705-5776
(217) 523-4900
C AH0:001/Fil/Petition
for Review
Electronic Filing - Received, Clerk's Office, April 15, 2009
* * * * * PCB 2009-087 * * * * *
EXHIBIT
A
ILLINOis
ENVIRONMENTAL PROTECTION
A
GEN C Y
1 021
NORTH QRhNo
AvsNue
EAST,
0.C).
Box 19276, SPRINOMR0, ILLINOIS 6x794.9276 - ( 217) 782-2$29
)AME5 A.
TNOMPSoN C¬NTEi(r
lb0
WEST waNOOLPw; SUrre 11.300,
r-HICACO,
IL
606b1
ý
(312)
81+602fr:
VIC.Kers0rt
t'M0.teUm:,
Attrv Thomas B. Vllul
920 North
.jjlinoi Str
Belleville.1l1inois
6,
Itiil Pr&ectioi Agi
e above-Xefdiýzlce
7,PA ari Apz-il 28,
zi. Act (Act) ofd 3
1l, Adzn. Code 734, "732 or 73
Program leas
no r
B ased ors the above
Endings
regarding
the Aprif 25U'
45-Day
r'epo'rt, the Illinois EPA. finds
that
the
September 5, 2008
45-,Day Report Addendum falls
outside t6 jurisdiction and scope of ft -
L eaking Underground
Storage Tank Program.
U GLM
R'SC
0%.
D
jar&a
This letter, however, does
not address whether ally;remaining
contamination at this s
protect
human
health or the environ il6t. Any remaining con
of
Ns
letter may be subiect to other provisions of the. Act,
If you w ish
to address any remaining contalrLlhatloh,'br portion thereo ,
Illinois EPA
C
oncurrence
that any cleanup measures; Taken argil protective iýf hurnan hW t,
ish
to
consider participation, in the Illinois EPA's Site Remediation Program. The
Site
d
iation, Progranlt
has been
developed to provide
Illinois
EPA guidance, assistance and
r ih Male Sheet,
Rockford,
IL
61103 - (815)
997.7760
4 es PLAINU - 9511 W. Harriaon S1., Can Pla;ncs, IL 66016 - (947) 294-4000
South
^qtate,
PIgln. 11.
60123 . (847) 6063131
- PL041A
-
5415 N. UnIverslty St., Pmla, IL 61614
- (309) 69M463 '
8VREAU
CIF
LAND
-
P604U -
7620
R
Un!verslty St, Peorla,
IL 6161
d
-(309)693.5462
C HAt~srAlt,tt 2125 South Pltat StrPeG Chmnpa;gn, It 61820 - (2t?) 2T8-5600
COMINSwut -
2009
Matt
Suoct? Cotlinevl)!e, IL 62x34 - (618)
346.5120 -
M.aaaON
- 2309 utý
Main
St., Suite 116,
Merlon, IL
6,2959 - (618) 9937200
P
QInTO
ON
R ICMLE0
P AW
Electronic Filing - Received, Clerk's Office, April 15, 2009
* * * * * PCB 2009-087 * * * * *
l", ,
I .'
lm the Illinois
EPA
is authorized, and
may
agree, to provide
actions
at sites where hazardous subst=ces, pesticides or
h the
owner or operator TO quesfed iuch services in writing.,
west review and evaluation services far actions it'fhe site so
letter
by the Illinois
long,
as
t4at o"Ier person
has provided the Illinois
EPA with
the
v
car operator
to conduct
those actions,
Participants in the Program
Illinois
for
such
semces,
de Illinois EPA experience
and assistance towards
a
timely,
eff
efficient
cleanup of soil and/or
groundwater
contamination; an
unit Manager
Division
of Remedlatiora.
Mana
Bureau
of Land
Leaking uadergroun
elusion of participation in the program r(
mediation letter or a
Release
of Respons
e nt
I^IAC.JFG\20080084
Not Subject to LUST Letter
cc;
Herlacher
Angleton Associates,
Inc.
BOL File
Electronic Filing - Received, Clerk's Office, April 15, 2009
* * * * * PCB 2009-087 * * * * *
CERTIFICATE OF RVICE
wyer, the undersigned, hereby certify
that I have served the
attached PET
John T. Therriault
start Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
e 11-500
Chicago, Illinois 60601
on April 15, 2009; and upon:
VIEW upon.
Division of Legal Counsel
Illinois Environnlenta
1021
ion Agency
nd
Avenue East
ox 19276
agfield, Illinois 62794-9276
by depositing
said docunze
Illinois on April 15, 2009.
ates Mail, postage prepaid, in Springfield,
/s/Edward W. Dw
C AHO:0UI/Fil/NOF & CO
THIS FILING SUBMITTED ON RECYCLED PAP
Electronic Filing - Received, Clerk's Office, April 15, 2009
* * * * * PCB 2009-087 * * * * *
