ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Dorothy M. Gunn, Clerk

Illinois

Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite

11-500

Chicago, IL 60601

)

JUN17

2003

)

)

STATE OF ILLINOIS

)

PCB

No.

03-

2,-~2~Po~utbon

Control Board

)

(LUST Appeal

—

Ninety Day Extension)

)

)

NOTICE

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 ofwhich

are

herewith served upon you.

Respectfully submitted,

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY,

Respondent

~

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: June 12,

2003

I

BEFORE THE POLLUTION CONTROL BOARDRECEIVED

OF THE STATE OF ILLINOIS

CLERK’S

OFFT(’

GAS FOR LESS (VISTA MARKETING

GROUP),

Petitioner,

V.

Respondent.

---

RECEIVED

BEFORE THE POLLUTION CONTROL

BOARD

CLERK’S

OFFICE

OF THE

STATE OF ILLINOIS

JUN ‘7

2003

GAS

FOR LESS (VISTA MARKETING

)

STATE OF ILLINOIS

GROUP),

)

Pollution

Control Board

Petitioner,

)

v.

)

PCB No. 03-

ILLINOIS ENVIRONMENTAL

)

(LUST Appeal

—

Ninety Day Extension)

PROTECTION AGENCY,

)

Respondent.

)

REQUEST

FOR

NINETY

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)( 1) 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 ofthe thirty-five

(35)

day period for petitioning for a

hearing to

September

10,

2003,

or any other date not more than a total ofone hundred twenty-

five

(125)

days from May 8, 2003, the earliest date ofservice ofthe Illinois EPA’s final decision.

In Support thereof, the Illinois EPA respectfully states as follows:

1.

On

May

7,

2003,

the

Illinois

EPA

issued

a

final

decision

to

the

Petitioner.

(Exhibit A)

2.

On June 4, 2003, the Illinois EPA received a written request from Petitioner for an

extension oftime by which to file a petition for review, asking the Illinois EPAjoin in requesting

that the Board extend the thirty-five day period for filing a petition to ninety days.

The Petitioner

has since represented that the final decision was received no earlier than May 8, 2003.

(Exhibit

B)

1

---

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 identif~’

issues and limit the scope ofany

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,

John

~‘.

Kim

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: June 12, 2003

This filing submitted on recycled paper.

2

---

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY

1021

NORTH

GRAND AVENUE

EAST,

P.O.

Box

1 9276,

SPRINGFIELD,

ILLINOIS

62794-9276

JAMES R. THOMPSON

CENTER,

100

WEST RANDOLPH,

SUITE

11-300,

CHICAGO,

IL

60601

ROD

R.

BLAGOJEVICH,

GOVERNOR

RENEE

CIPRIANO,

DIRECTOR

217/782-6762

MAY07

2003

Vista Marketing Group, Ltd.

Attn:

William Williams, President

Post Office Box 6206

Rockford, Illinois

61125

Re:

LPC#20I0305517--WinnebagoCount~,’

RockfordlGas for Less (Vista Marketing Group)•

320 North Mulford Road

LUST Incident No. 20020728

•

LUST

FISCAL FILE

Dear Mr. Williams:

The Illinois Environmental Protection Agency has completed the review ofyour application for

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

pursuant to

Section

57.8(a)

of the Illinois Environmental Protection Act (Act), and 35 Iii. Adm.

Code 732, Subpart F.

This information is dated April 7, 2003

and was received by the Agency on

April

14, 2O03~The application for payment covers the period from August 3, 2002 to February

14,

20.03.

The amount requested is $11,780.25.

The deductible amount for this claim is

$10,000.00, which was previously deducted from the

Invoice Voucher dated March

14, 2003.

Listed in Attachment A are the costs which

are not being

paid and the reasons these costs are not being paid.

On April

14,

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

As

a result ofthe Agency’s review ofthis application

for payment,

a voucher cannot be prepared for

submission

to

the Comptroller’s office for payment.

Subsequent applications forpayment that

have beenlare submitted will be processed based upon the datecomplete 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

7.8(i) and

Section 40 of the Act by filing a

petition for a hearing within

35

days after the date of issuance of the final deôision.

However, the

35-day period maybe 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.

If the

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---

Page 2

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

date the final decision was received, alongwith a copyofthis 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 ofan extension, please contact:

Illinois Environmental Protection Agency

Division ofLegal

Counsel

1021 North Grand Avenue East

Springfield, Illinois

62794-9276

217/782-5544

.

•.

If you have any questions or require further assistance, please contact Thomas Henninger

at 217/782-6762.

.

.

DEO:LH:ct\03243 12.doc

Attachment

Dou~lIs

E.

Oakley, Manager

LD~TClaims Unit

Planning &

Reporting Section

Bureau ofLand

cc:

Fehr-Graham & Associates

---

Attachment A

Technical Deductions

Re:

.

LPC#2010305517--WinnebagoCounty

Rockford/Gas

for Less (Vista Marketing Group)

320

North MulfordRoad

LUST Incident No. 20020728

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 #

Descriptionof Deductions

1.

None ofthe costs incurred from August 8, 2002

to February 14, 2003

are eligible

for

reimbursement.

Early Action activities must be performed within the Illinois EPA-

approved extension dates.

(35

Ill.

Adm.

Code 732.202(g))

2.

Costs incurred after completion ofearly action activities

in accordance with 35 Iii. Adm.

Code

732.Subpart B by owners or operators choosing, pursuant to Section 732.300(b), to

conduct remediation

sufficient to

satisfy the remediation objectives

(35

Ill. Adm. Code

732.606(z)).

.

A deduction of $11,780.25 was made on the costs for work done beyond the

Early

Action

extension date ofAugust

‘7

2002,

LH:ct\032402.doc

1.

I

k

---

FEHR-GRAHAM & ASSOCIATES

Engineering and Science Consultants

Quentin

H.

Davis,

P.E.

Hans A. Anderson,

P.E.

R. Todd

Weegens,

P.E.

Mick W.

Gronewo)d, P.E

Ken

R. Thompson

Civil

•

Surveying

•

EHS

•

Municipa’

221

E. Main Street

•

Suite 200

•

Freeport,

IL 61032

E-mail:fgo’~fehr-graham.com

June

4, 2003

Mr. John Kim,

Technical Advisor

Illinois Environmental Protection Agency

Division ofLegal Counsel

1021 North Grand Avenue East

Springfield, IL 62794-9276

Ph: 815/235-7643

•

Fax: 815/235-4632

Web: www.fehr-graham.corn

~ 0~i,

‘k~0~ ~

~j

OiV~sion

of

L~iq~i

cD~irl~~

JUN

0

6 2003

~nvirgnrnentaI

Protø~tjon

Agency

Re:

LPC #2010305517

-

Winnebago County

320

North

Mulford Road, RockfordlGas For Less (Vista Marketing

Group)

LUST Incident No. 20020728

DearMr. Kim:

On behalf ofour client,

Vista Marketing

Group,

we respectfully request a 90-day extension to the initial

35-

day appeal periodregarding the

above captioned LUST

reimbursement matter.

I have also

attached the IEPA

findings

letterdated May7, 2003,

ofwhich we

intend to appeal.

We appreciate your attention

to

this matter and trust

that

the

information provided is sufficient for

your

office

to grantthe extension; however, please do not hesitate

to

contact usshould you need

additional

information.

Sincerely,

R. Todd Weegens, P.E.

Professional Engineer

RTW:mll

I:\.Documents\SEC

2002\42359\T42359a

-

IEPA

LUST

Extension

Letter.doc

cc:

Chip Williams, Vista Marketing Group

Thomas

Henninger,

IEPA

LUST

Technical

Unit

---

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on June

12, 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 affixed thereto, upon the following named persons:

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,

John J~

Kim

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)