NOTICE
312/814-3620

C~E~

APR

2004

BEFORE THE POLLUTION CONTROL

BOARD

OF THE STATE OF ILLINOIS

~L~I~S

PETE’S MARATHON,

)

Petitioner,

)

PCBNo.04-

ILLINOIS ENVIRONMENTAL

)

(LUST

—

Ninety Day Extension)

PROTECTION AGENCY,

)

Respondent.

)

NOTICE

Dorothy M. Gunn,

Clerk

Marlena Mackie

flhinois Pollution Control Board

3035

Santa Barbara Drive

James R. Thompson Center

Brookfield, WI

53005

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

PLEASE

TAKE NOTICE that

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.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

_____

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: April

13, 2004

APR

2004

BEFORE THE POLLUTION

CONTROL BOARD

1LLINOIS

OF THE

STATE OF ILLINOIS

ntr

Boarcj

PETE’S MARATHON,

)

Petitioner,

)

PCBNo.04-J~~

ILLINOIS ENVIRONMENTAL

)

(LUST

Ninety Day Extension)

PROTECTION AGENCY,

)

Respondent.

)

REQUEST

FOR

NINETY

DAY EXTENSION

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

Section

40(a)(1)

of the

Illinois

Environmental

Protection

Act

(415

ILCS

5/40(a)(1))

and

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

July

12,

2004,

or any

other date not

more than a

total of one

hundred twenty-five

(125)

days from

the date of service of the Illinois EPA’s final decision.

In support

thereof, the

Illinois

EPA respectfully states as follows:

On February

17,

2004,

the

Illinois

EPA issued

final decision to

the

Petitioner

regarding a request forreimbursement from the Underground Storage Tank Fund.

(Exhibit A)

On March

12,

2004, the Petitioner made a written request to

the Illinois EPA for

extension of time by

which

file

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 represented that the final decision was received on March 9, 2004.

(Exhibit B)

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,

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

Assista’fit 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: April 13, 2004

This filing submitted on recycled paper.

ILLINOiS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NoarN

CRANO

AvENUE

EAST.

P.O.

Box

19276,

SPRIMCF~ELO,ILLINOIS

62794-9276

JAMES

TP-IOM?’SOf’4

CENTER,

100

WEsT

RA1~QOLI’H,

SUITE

11-300, CI-tICAGO,

60601

Ron

BLACOJEVICH, GOVERNOR

RENEE

CIr1w~No,

DIRECTOR

?17/782-6762

CERTIFIED MAIL

FEB17

2004

Pete’s Marathon

Attn:

Marlena Mackie

3035

Santa

Barbara

Drive

Brookfield, WI 53005

Re:

LPC#1214220017-- Marion County

Centralia/Pete’s Marathon

539

South

Poplar

LUST Incident #892101

LUST FISCAL FILE

Dear Ms. Mackie:

The Agency has completed the reviewof the request

for

reimbursement ofcorrective action costs

from the Illinois Underground Storage Tank Fund for the above-referenced facility.

The invoices

reviewed covered the period from June 1, 2003 to August 31, 2003.

The amount requested was

S9,329.

19.

The deductible amount for this claim is $10,000.00, which was previously deducted from the

Invoice Voucher dated November 8,

1993.

Listed

in Attachment A are the costs which are not

being reimbursed from this request and the reasons these costs are not being reimbursed.

On October 6, 2003,

the Agency received yourcomplete request for payment for this claim.

Asa

result ofthe Agency’s review of this claim, a voucher for $8,530.66 will be prepared for

submission to the Comptroller’s Office for payment as ftinds become available based upon the

date the Agency received your complete request for payment of this claim.

Subsequent claims

that have been/are submitted will be processed based upon the date complete subsequent billings

requests are received by the Agency.

This constitutes the Agency’s final action with regard to the above invoices.

An underground

storage tankowner or operator may appeal this final decision to the Illinois Pollution Control

Board (Board) pursuant to Section 22.1 8b(g) and Section 40 oftheAct by filing

a petition

for a

hearing within 35 days afterthe date ofissuance ofthe final decision.

However, the 35-day

period may be extended for a period oftime riot to exceed 90 days by written notice from the

Rx~o~o—

43(12

Nc,rth

M,~r’

Sir~ct.

II. 61103

—

(RI

( ‘m7-77(0

•

Oss

PL,I.s~s

—

9511

W. Harrison

St..

Des Plaines.

II.

(~0O16

—

(847) 294-3000

•

Et~:t.~

—

5~~5

Soczrh SLIUe.

E181r1.

IL £012i

—

((147,

OI)B-J lii

•

—

S~I

Unvers~Iy

51., Peon,,. II. 4.1614

—

13091 693-~a6~

s~s.~u

L\ND

Pzc~s~

—

76~(I

Ur~veri.IySr..

(,U,14

—

(J0’)I 6(13-5462

•

Ci~~’~

—

2125

5ou~b

Firs’

Strect,

Champat~r’.

IL01820

—

(2171 27(1-5000

—

4500 5. Si,.th

SIred

Rd.. Sprin~1~cId,

700

—

1217t

TK4..0892

•

Coir.w~svs,i.~

—

2009

M~II

Stre~i,

Collinsyille.

IL ~~2234

—

346-51 20

—

2309W.

Mj,rr $1,.

Suiss

116.

M,~r~vn,

It 62959

—

6l~(

993-7200

Page 2

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

period.

If the

owner or

operator wishesto receive a 90-day extension, a written requestthat includes a statement ofthe

date the final decision wasreceived, along with a copy ofthis decision, must be sent

the

Illinois EPA as

soon as possible.

For information regarding the filing ofan appeal, please contact:

Dorothy Guiui, 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 of Legal Counsel

1021

North Grand Avenue East

Springfield,

Illinois 62794-9276

217/782-5S44

Ifyou have any

questions, please contact Kevin Mabfy

of my staffat

217/782-6762.

E. Oakley, Manager

Claims

Unit

Planning & Reporting Section

Bureau of Land

DEO:KM:bjh\043253.doc

Mtachment

cc:

Philip Environmental

Services Corporation

bce:

Division File

LCU File

Kevin Mably

Sint

Attachment A

Accounting Deductions

Re:

LPC #1214220017— Marion County

CentralialPete’s Marathon

539

South Poplar

LUST Incident No. 892101

LUST FISCAL FILE

Item #

Description ofDeductions

$10.00, deduction for an adjustment in costs due to a lack ofsupporting

documentation

(Section 22.18b(d)(4)(C) ofthe Environmental Protection Act).

Philip Environmental

—

Invoice #62413339

Need copyof cell phone bill

$642.32, deduction in costs that the owner/operator failed to demonstrate were

reasonable (Section 22.18b(d)(4)(C) ofthe Environmental

Protection Act).

Philip Environmental

—

Invoice #62413449

$2~2.00

Per diem

#62413339

$362.88 Paid in prior claim-Tekiab

#62413339

$27.44 Wastewater

—

Gateway

Petroleum

$146.21,

deduction for costs associated with seeking reimbursement from the

Underground

Storage Tank Fund (Section 22.1 8(e)(1 )(C) and 22.1 Sb(a)(3) ofthe

Environmental Protection Act).

Philip Environmental

—

Invoice #624134.49

LUST Reimbursement

$798.53

Total Accounting Deductions

DEO:KM:bjh\043253 .doc

March

12,2004

3035 Santa Barbara Drive

Brookfield, WI.

53005

Scott Phillips, Attorney (FAX:

217/782-9807)

Illinois Environmental Protsction Agency

Division of Legal Counsel

1021

North Grand Avenue East

V1~U

V’J~

Springfield, Illinois 627 94-9276

(217/782-5544)

Re:

Request for 90-DayExtension of IEPA Final Determination received, March 9,

2004

LPC

#1214220017-Marion County

Centralia/Pete’s Marathon

539 South Poplar

LUST Incident #892101

Dear Mr. Phillips:

This letter is a request for a 90-day extension of the Final Determination rendered in the

communication from JEPA received March

9, 2004.

During the extension period my intent

is to submitthe necessary documentation

to receive additional reimbursements.

The information describing the portions of the submittals

that were denied are detailed in

“Attachment A” that is enclosed with

this letter.

The billing period was June

1, 2003

—August

31,

2003.

The work consisted of per diem

forworkers, Teklab costs

and other miscellaneous costs.

The IEPA correspondence

that denied this requests is

attached to

this letter.

I am trusting that you can assist me in obtaining the extension.

This is the

same procedure

that I used in the past and you were able to

assist me.

I have faxed a copy of this letter to Mr. James Malcom, III,

IEPA Manager for this LUST

site

Please advise

me if I need to do anything else

to help you assist me in obtaining the 90-day

extension.

I can be reached

at the address and the telephone number given on this letter.

Thank you for you assistance in this very complicated, lengthy, and stressful process of soil

remediation.

Sincerely,

—

Marlena Mackie

(262) 784-2676

James Malcom(FAX:

217/534-4193)

~7~):

T ~‘2~

j~4~

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on April 13, 2004,

I served true and

correct

copies of a

REQUEST

FOR NINETY DAY

EXTENSION

APPEAL

PERIOD,

placing true and

correct

c3pies

properly

sealed

and

addressed

envelopes

and by

depositing

said sealed envelopesin

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

Marlena Mackie

Illinois Pollution Control Board

3035 Santa Barbara Drive

James R. Thompson Center

Brookfield, WI

53005

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

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)