PEACOCK
OIL COMPANY,
Petitioner,
V.
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
)
)
)
)
)
)
)
RECEVED
CLERK’S
OFFICE
MAY
‘272009
Poflutjn
STATE
OFILiIN0IS
Control
Board
NOTICE
OF
FILING
Clerk
Illinois
Pollution
Control
Board
100 West Randolph
Street
Suite 11-500
Chicago, Illinois
60601
Illinois Environmental
Protection Agency
Division
of Legal Counsel
1021 N. Grand Avenue,
N.E.
P.O.
Box 19276
Springfield, Illinois
62794-9276
PLEASE
TAKE
NOTICE
that on May
27, 2009, Petitioner,
Peacock Oil Company,
filed
with the
Clerk of the Illinois
Pollution Control
Board, the attached
PETITION FOR
REVIEW,
a
copy
which is served upon
you.
Mark Steger, Esq.
Holland &
Knight
LLP
131 South Dearborn
Street
30th Floor
Chicago, IL
60603
(312)
263-3600
PEACOCK
OIL
COMPANY,
F..’
By:
‘-
One ofIt Attorne
‘s
BEFORE
THE
POLLUTION
CONTROL
BOARD
STATE OF
ILLINOIS
PCB
_____
Respondent.
BEFORE THE
POLLUTION
CONTROL BOARD
MM
‘2?
2009
STATE OF ILLINOIS
STATE
OP
lLog
PEACOCK OIL COMPANY,
)
Pollution
Control
orct
Petitioner,
)
v.
)
PCB-
L/
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
PETITION FOR
REVIEW
NOW COMES Petitioner, Peacock Oil Company (“Peacock”), through its
attorneys,
Holland &
Knight LLP
and hereby
petitions
the Board for review of the Agency’s denial of April
22, 2009 involving Petitioner’s underground storage tank system formerly located at 6900
Mannheim Road, Rosemont, Illinois. A copy of the Agency’s denial is attached as Exhibit A.
WHEREFORE, Peacock requests that the Board hold a hearing in this matter and reverse
the Agency’s
decision
and approve the
Highway Authority Agreement.
Respectfully submitted,
I
/
f)c
Dated:
‘,
‘‘ /
Mark
Steger, Esq.
Holland & Knight LLP
131 South
Dearborn Street
30th Floor
Chicago,
IL 60603
(312)
263-3600
PEA
THIS FILING IS
SUBMITTED
ON
RECYCLED
PAPER
CERTIFICATE OF SERVICE
Mark
J.
Steger, one of the attorneys
for Peacock Oil Company, states that he caused
a copy
of the foregoing
PETITION FOR REVIEW, served via
U.S. Mail, before the hour of 5:00 p.m.
on
May 27, 2009
to:
Mark Steger, Esq.
Holland
& Knight LLP
131 South Dearborn Street
30th Floor
Chicago, IL
60603
(312)
263-3600
Illinois Environmental Protection Agency
Division of Legal
Counsel
1021 North Grand
A
Springfield,
IL 62
THIS FILING IS SUBMITTED
ON RECYCLED PAPER
#
6334827
vi
Exhibit
A
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND
AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276
-(217)
782-3397
JA’AES
R. THOMPSON
CENTER,
100
WEST
RANDOLPH,
SUITE
11-300,
CHIcAGO,
IL
60601
—
(31 2)
814-6026
DOUGLAS
P.
SCOTT,
DIRECTOR
217/782-6-762
CERTIFIED
MAIL
APR
2.2OO9
7D
114
0D04
7344
77
PeacockOi1Company
Attn:
Aaron
Sloan
1470
Jarvis
Avenue
Elk
Grove
Village,
Illinois
60007
Re:
LPC0312765084--CookCounty
Rosemont/Peacock
Oil
Company
6900
N.
Mannheim
Road
Leaking
UST
Incident
No,
980056
& 980651
Leaking
UST
Technical
File
Dear
Mr.
Sloan:
The
IllkioiS:.Environmental
Protection
Agency
(Illinois
EPA)
has
reviewed the
High
Priority
Corrective
Action
Completion Report
(report)
for the
above-referenced
incident.
The
report
was
dated
October
30,
2008
and
was
received
by
the
Illinois EPA
on
November
5,
2008.
Citaticns
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).
Pursuant
to 57.7(c)(4)
of
the
Act
and
35
Ill.
Adm.
Code
732.409(c)
and
732.503(b),
the
report
is
rejected
for
the
reason(s)
listed
below.
1.
The
Agency
has determined
that
the
Highway Authority
Agreement included
as
part
of
the
closure
requirements
for
these
incidents
is unacceptable.
This
Agreement
must
be
between
Peacock
Oil
and
the
Illinois
Department of
Transportation.
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
a’ssistance, please
contact
Karl
Kaiser
at
(217)
524-
4650.
ROCKFORO
—
4302
North
Main
Street,
Rocklord,
IL
61103—
(815)
987-7760
•
DES PLAINES
—
9511
W.
Harrison
St., Des
Plaines,
IL
60016
—(847)
294-4000
ELCIN
—595
South
SIde, 61gm,
IL 60123
—(847)
608-3131
•
PEORIA
— 5415
N.
University
St.,
Peoria,
IL 61614
—1309)
693-3463
BUREAU
OF
LAND
- PEORIA
—
7620 N.
University
St., Peoria,
IL 61614
—
(309)
693.5462
•
CHAMPAIGN
—2125
South
First Street,
Champaign,
IL
61820
—(2171
278-5800
SPRINGFIELD
—4500
5. Sixth
Ssree1
Rd.,
Springrield,
IL
62706
—
(2(7)
786-6892
COLUNSVILLR
— 2009
MaIl
Street,
Coilinsv(IIe,
IL
62234—1618)
346-5120
MARION
— 2309W.
Main
St.,
Suite
116,
Marion,
IL
62959
—1618)
993-7200
PRINTED
o.
RECYGLEO
PAPER
Sincerely,
Ce,’
Clifford
L.
Wheeler
Unit
Manager
Leaking
Underground
Storage
Tank
Section
Divisiorrdf
Remediation
Management
Sureauof Land
CLW:KE
Attachment:
Appeal
Rights
C:
Gail
Artrip,
Carison
Environmental
BOL
File
Appeal
Rights
An
underground
storage
tank
owner
or
operator
miy
appeal
this
final
decision to the
Illinois
Pollution
Control
Board
pursuant
to
Sections
40
and
57.7(c)(4)
bf
the
Act
by
filing
a
petition for
a
hearing
within
35days
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
shes
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
lllinoiPA
as
soon
as
possible.
For
information
regarding
the
request
for
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
For
information
regarding
the
filing
of
an appeal,
please
contact:
Illinois
Pollution
Control
Board,
Clerk
State
of illinois
Center
dOQWest
Randolph,
Suite
11-500
Chicago,
IL
60601
312/814-3620