BRIARWOOD COUNTRY CLUB,

)

Petitioner,

)

V.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

)

)

Respondent.

)

NOTICE

R~CEXVE

D

CLERR’S

OFFICE

OCT

2 12003

STATE OF

ILLINOIS

Pollut~0g,Control Bocird

PCBNo.04-’?~

(LUST Fund

—

Ninety Day Extension)

Dorothy M. Gunn,

Clerk

Illinois Pollution Control Board

James R.

Thompson Center

100 West Randolph Street

Suite

11-500

Chicago, IL 60601

R. Todd Weegens,

P.E.

Fehr-Graham & Associates

221

East Main Street

Suite 200

Freeport,IL

61032

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.

Respectftully submitted,

ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY,

Respondent

John

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:

October 16, 2003

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

---

E CE

~

VE

fl

CLERK’S OFFICE

BEFORE

THE POLLUTION CONTROL BOARD

OCT

2

1

20U3

OF THE STATE OF ILLINOIS

STATE OF

ILLINOIS

Pollution

Control Board

BRIARWOOD COUNTRY CLUB,

)

Petitioner,

)

v.

)

PCBNo.04-

ILLINOIS ENVIRONMENTAL

)

(LUST Fund

—

Ninety Day Extension)

PROTECTION AGENCY,

)

Respondent.

)

REQUEST FOR NINETY DAY EXTENSION

OF APPEAL PERIOD

NOW

COMES

the Respondent,

the Illinois

Environmental

Protection Agency

(“Illinois

EPA”), by

one of its

attorneys, John J.

Kim,

Assistant

Counsel and

Special

Assistant

Attorney

General,

and,

pursuant

to

Section

40(a)( I) of the

Illinois

Environmental

Protection

Act

(415

ILCS

5/40(a)(1))

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

January

14,

2004, or any other date not more than a total of one

hundred twenty-five

(125)

days from the date ofthe Illinois EPA’s final decision.

In support thereof, the Illinois EPA

respectfully states as follows:

1.

On September

11, 2003,

the Illinois EPA issued a final decision to the Petitioner.

(Exhibit A)

2.

On October 9,

2003, 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.

The Petitioner did not represent when the final decision was

received.

(Exhibit B)

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

John

Assistant Counsel

Special

Assistant Attorney General

Division ofLegal

Counsel

1021

North Grand Avenue, East

P.O. Box

19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143

(TDD)

Dated: October 16, 2003

This filing submitted on recycled

paper.

2

---

O

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH

GRAND

AVENLE

EAST,

P.O. Bo\ 19276,

SPRINGFIELD,

ILLINOIS

62794-9276

JAMES

R.

THO~IPSONCENTER.

100

VVEST

RANDOLPH,

SUITE

1

1-300,

CHICAGO,

IL 60601

ROD

R.

BLAOOIEVICH,

GOVERNOR

RENEE

CIPRIANO,

DIRECTOR

217/782-6762

SEP

112003

Briarwood Country Club

Attn:

Paul Voykin,

Superintendent

355

Deerfield Road

Deerfield,

Illinois

60015

Re:

LPC #097434509

1

--

Lake County

DeerfieldlBriarwood Country Club

217 Wailegam

Road

LUST Incident No. 20021760

LUST FISCAL FILE

Dear Mr. Voykin:

The Illinois Environmental Protection

Agency has completed the review of your application for

payment from the Underground Storage Tank Fund for the above-referenced LUST incident

pursuant to Section

57.8(a) ofthe Illinois Environmental Protection Act

(Act),

and 35

Ill. Adm.

Code

732,

Subpart F.

This information is dated July 30, 2003 and was received by the Agency on

August

5,

2003.

The application forpayment covers the period from

December 9, 2002 to May

30, 2003.

The amount requested is

$26,439.92.

The deductible amount to be

assessed on this claim is $10,000.00, which is being deducted from

this

payment.

In addition to

the deductible, there are costs from this

claim that are not being paid.

Listed in

Attachment A are the costs that are not being paid

and the reasons these costs are not

being paid.

On August

5,

2003, the Agency received your complete application for payment for this claim.

As

a result ofthe Agency’s review of this application

for payment, a voucher for $6,861.30 will

be prepared for submission to the Comptroller’s Office for payment as funds become available

based upon the date the Agency received your complete request for payment of this application

for payment.

Subsequent applications for payment that have beenlare submitted will be

processed based upon the date complete subsequent

application for payment requests

are received

by the Agency.

This

constitutes the Agency’s final action

with regard

to the above

application(s)

for payment.

An underground storage tank owner or operator may appeal this final decision to the Illinois

Pollution Control Board (Board) pursuant to

Section

5.8(i)

and

Section 40 of the Act by filing a

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---

Page 2

petition for

a hearing within 35 days after the date ofissuance ofthe final decision.

However, the

35-day period may be

extended for a period oftime not to exceed 90

days by written notice

from

the owner or operator and the Illinois EPA within the initial 35-day appeal period.

Ifthe

applicant wishes to receive a 90-day extension, a written request that includes a statement ofthe

date the final decision was received, along with a copy ofthis

decision, must be sent

to the

Illinois EPA as soon as 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, Illinois 60601

312/814-3620

For information regarding the filing of an extension, please contact:

Illinois Environmental Protection Agency

Division ofLegal Counsel

1021

North Grand Avenue East

Springfield, Illinois

62794-9276

217/782-5544

This letter rescinds the Agency letter dated September

5,

2003.

If you have any questions or require further assistance, please contact Lieura Hackman of

my staff at 217/782-6762.

DEO:LH:ct\03

1 122.doc

E.

Oakley, Manager

LUSIT Claims Unit

Planning & Reporting Section

Bureau ofLand

cc:

Fehr-Graham

& Associates

---

Attachment A

Accounting Deductions

Re:

LPC#0974345091-- Lake County

DeerfleldfBriarwbod Country Club

217 Wailegam Road

LUST Incident No. 20021760

LUST Fiscal File

Citations in this attachment are from and the Environmental Protection Act (Act)

and 35

Illinois

Administrative Code

(35

Ill.

Adm. Code).

Item #

Description of Deductions

$5,709.15,

deduction for costs which are unreasonable as submitted.

(Section

57.7(c)(4)(C) ofthe Act

and 35

111.

Adm. Code 732.606(hh))

A deduction in the amount of $14.50 was made on the amount requested for the

Project Manager.

A deduction

in the amount of$1,200.00 was made on the amount requested for

mobilization on the Stemstrom

invoice.

A deduction in the amount of$3,770.85 was made on the amount requested for load,

haul and disposal ofcontaminated soil.

A deduction in the amount of$718.80 was made on the amount requested for backfill.

A deduction in the amount of

$5.00

was made on the amount requested for FOIA.

2.

$0.08, adjustment in the handling charges due

to the deduction(s) ofineligible costs

(Section

57.8(1)

ofthe Act and 35

Iii.

Adm.

Code 732.607).

This deduction was made for handling charges

associated with the ineligible cost of

$5.00.

3.

$25.64, deduction for handling charges in the billing(s) exceed the handling charges

set forth in Section

57.8(f) ofthe Act.

Handling charges are eligible for payment only

if they are equal to or less than the amount determined by the following table

(Section

57.8(f)

ofthe Act and

35 Ill.

Adm.

Code 732.607):

Subcontract or

Eligible Handling Charges

Field Purchase Cost

as a Percentage of Cost

$O-$5,000

12

$5,001-$15,000

$600+

10

of amount over $5,000

$15,001-$50,000

$1600

+

8

of

amount over

$15,000

550,001-$100,000

$4400

+

5

ofamount over $50,000

$l00,00I-$1,000,000

$6900

+

2

ofamount over

$100,000

---

A deduction in the amount of

$0.52

was made on the Field Purchases form dated

December

1, 2002

—

December 31, 2002.

A deduction in the amount of$4.60 was made on the Subcontractors form dated

January

1, 2003

—

January 31, 2003.

A deduction in the amount of$20.52 was made on the Subcontractors form dated

April

1,

2003

—

April 30, 2003.

4.

$3,843.75

None ofthe costs incurred from May 1, 2003

to May 31, 2003

are eligible for

reimbursement.

To be considered for reimbursement, early action activities must be

performed within 45

days after initial notification to the illinois Emergency

Management Agency ofa release.

The costs

in question were not incurred within the

time allowed for such reimbursement.

(35

Ill.

Adm. Code 732.202(g))

A deduction in the amount of$2,500.00 was made on the Edwin H. Meyers &

Sons

invoice.

A deduction in the amount of$1,343.75 was made on the amount requested for

Personnel Costs.

DEO:LH:jk\03 1253.doc

---

f~,

FEHR-GRAHAM

&

ASSOCIATES

Engineering and Science Consultants

221

E. Main

Street

•

Suite

200

Freeport,

IL 61032

E-mail:

tga@fehr-graham.com

October9, 2003

Mr. John Kim, Technical Advisor

illinois Environmental Protection Agency

Division of Legal Counsel

1021 NorthGrand Avenue East

Springfield,

IL 62794-9276

Re:

LPC #2002 1760— Lake County

Deerfield / Briarwood Country Club

217 Waukegan Road

LUST Incident No. 20021760

Dear Mr. Kim:

Quentin’

H.

Davis.

P.E.

Hans A. Anderson,

P.E.

R. Tbdd Weegens.

P.E.

Mick W. Gronewold,

P.

E.

Ken

R. Thompson

Civil

•

Surveying

EHS

•

Municipal

Celebrating

o

1973

-

ur

30th

Year

2003

Ph:

815/235-7643

•

Fax: 815/235-4632

Web: w~w.fehr-graham.com

On behalfofourclient, Briarwood Country

Club, we

respectfully request a 90-day extension to the initial

35-

day appeal period regardingthe above-captioned LUST reimbursement matter.

I have also attached the IEPA

findings letter dated September 11,2003, ofwhich we intend to appeal.

We appreciate your attention to this matter and trust

that the

information provided is sufficient for youroffice

to grant the extension; however, please do not hesitate to contact us should you need additional information.

Principal

RTW:mll

l:\Docurnents\SEC

2002\42541\T42541a

-

LEPA LUST Extension

Letter.doc

cc:

Paul Voykin, Briarwood Country

Club

Lieura Hackman, EPA

LUST

Technical Unit

RECEtVED

DiV~Si0fl

of Legal Counsel

fiCT

~k

2~fl3

Environmental ~

AgeflCV

R.

Todd

Weegens, P

---

CERTIFICATE OF SERVICE

I, the undersigned attorney

at law,

hereby certify that on

October

16,

2003,

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 Mail postage affixedthereto,

upon the following namedpersons:

Dorothy M. Gunn, Clerk

R.

Todd Weegens, P.E.

Illinois

Pollution Control

Board

Fehr-Graham & Associates

James R. Thompson Center

221

East Main Street

100 West Randolph Street

Suite 200

Suite

11-500

Freeport,IL

61032

Chicago, IL 60601

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

~

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)