OF THE STATE OF ILLINOIS

PETE’S MARATHON,

)

Petitioner,

)

v.

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

NOTICE

Dorothy M. Gunn, Clerk

fllinois Pollution Control Board

James R.

Thompson Center

100 WestRandolph Street

Suite 11-500

Chicago, IL 60601

Marlena Mackie

3035

Santa Barbara Drive

Brookfield,WI

53005

RECE~VED

CLERK’S OFFICE

MAY

202005

STATE OF ILLINOIS

Pollution Control Board

PCB No.

05-

1

(LUST Appeal

—

Ninety Day Extension)

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

J. Kim

Assistant Co

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: May

18, 2005

D

---

RECE~V~

CLERK’S OFF$CE

BEFORE THE POLLUTION CONTROL BOARD

MAY 20

2005

OF THE STATE OF ILLINOIS

STATE OF

ILLINOIS

PoIIuUofl Control Board

PETE’S MARATHON,

)

Petitioner,

)

v.

)

PCBNo.05-

I,

ILLINOIS ENVIRONMENTAL

)

(LUST Appeal

—

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)(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 August

17,

2005,

or any other date not more than a total of one

hundred twenty-five

(125)

days from the date ofreceipt of the Illinois EPA’s final decision.

In support thereof, the

Illinois EPA respectfully states as follows:

1.

On April

12,

2005,

the

Illinois

EPA

issued

a

final

decision

to

the

Petitioner.

(Exhibit A)

.

.

2.

On

April

29,

the

Petitioner

made

a

written request

to

the

Illinois

EPA for

an

extension oftime 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,

but

tracking information based

on

the

Certified Mail number indicates the final decision was received on April

14, 2005.

(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 identify 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 forpetitioning for a hearing.

Respectfullysubmitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

J~JhnJ.KimQ

(~,v~J

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: May 18, 2005

This filing submitted on recycled paper.

2

---

iLLINOIS tNVIRONMENTAL

PROTECTION

AGENd’Y

-

1021

NORTH

GRAND

AVENUE

EAST,

P.O.

Box

19276,

SPRINGFIELD,

ILLINoIS

62794-9276, 217-782-339,

JAMES

R.

THOMPSON

CENTER,

100

WEST

RANDOLPH,

Surre

11-300,

CHICAGO,

1160601,

312-814-6026

ROD

R.

BLAGOJEVICH,

GOVERNOR

.

RENEE CIPRIANO,

DIRECTOR

217/782-6762

CERTIFIED MAIL

APR

1

2

2005

71)132

1b50

131)00

~109

490~

Ms. MarlenaMackie

Attention:

Ms. Marlena Mackie

3035 Santa BarbaraDrive

Brookfleld, WI 53005

Re:

LPC ~1214220017

--

Marion County

CentralialPete’s Marathon

539

South Poplar

LUST Incident#892101

LUST FISCAL FILE

.

.

.

Dear Ms. Mackie:

.

.

.

The Agencyhas completed the review ofthe request for reimbursement ofcorrective action costs

from the

illinoIs Underground Storage Tank Fund

for the above-referenced

facility.

The

invoices

reviewed covered theperiod from

June

18, 2002 to October 31, 2004.

The

amount requested

was

$2,258.39.

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 March 28, 2005, the Agency receivedyour compl9terequestfor payment forthis claim.

As a

result ofthe Agency’s review ofthis claim, a

voucher~or

$781.51

‘~il1

be prepared for

submission to the Comptrollefs Office for payment as fundsJ~ceonieavailable based upon the

datethe Agency received your complete request for payment ofthis 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 regardto the above invoices.

Anunderground

storage tank owner or operator may appeal this final decisionto the Illinois Pollution Control

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

hearingwithin 35 days after the date ofissuance ofthe final decision.

However, the 35-day

periodmay be extended for a period of

s by written notice from the

ROCIFORD

—4302 North Main

Street, Rockford, 1161103— (815)

EXHIBIT

.

Harrison

St. Des

Plaines,

IL 60016—

(847)

294-4000

ELGIN

—595 South State, Elgin, 1160123— (847) 608-

.

ity

St., Peoria, 1161614— (309) 693-5463

BUREAU

OF

LAND

-

PEORIA

—

7620 N.

University St., Peoria,

1161614 —(3

~

5

South

First

Street,

Champaign, IL 61820— (217) 278-5800

SPRINGFIEW

—

4500 S.

Sixth

Street Rd., Springfield,

1162706—(21

9 MalI

Street,

CoIIinsviIle, IL

62234

—(618) 346-5120

MARION

—

2309 W. Main

18) 993-7200

---

Page 2

owneror operatorand

the

Illinois EPA within the initial 35-day appeal period.

If

the owner or

operator 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 of

this decision, must be sent to the

Illinois EPA as soon as possible.

For informationregarding the filing ofan appeal, please contact:

Dorothy Gunn,

Clerk

•

illinois Pollution Control

Board

State ofIllinois Center

100 WestRandolph,’

Suite 11-500

Chicago, Illinois

60601

312/814-3620

•

Forinformation regarding the filing ofan extension, please contact:

Illinois Environmental Protection Agency

Division ofLegal Counsel

1021 Noith Grand -Avenue East

Springfield,

illinois 62794-9276

217/782-5544

If you have any questions, please contact Theresa Sitton ofmy staffat217/782-6762.

DEO:TS:bjh\052684.doc

Attachment

-

-

:

t’

‘

-

Oakley, Manager

Claims Unit

Planning & Reporting Section

Bureau ofLand

cc:

Philip Environmental Services Corp.

---

Attachment A

Accounting Deductions

Re:

LPC#1214220017--Marion County

•

-

Centralia,Pète’s Marathon

539South Poplar

LUSTIncidentNo. 892101

LUSTFISCAL FILE

Item~

Description ofDeductions

1.

$0.82, deductionforan adjustment incosts dueto alack ofsupporting documentation

• (Section22.1Sb(d)(4)(C)ofthe

Environmental Protection Act).

Deduction is

from Certified

Mail

Receipt7000 1670 00052479 4712 Wallace West,

-

billed

amount

$4.42, receipt

amount

$3.60.

•2.

$1,476.06, deductionforadjustment~

(Section 22.18b(d)(4)(C) of

theEnvironmental Protection Act).

-

Deduction is fromLackey& StevensonPC. Legal fees.

DEO:TS:bjh\052684.doc

---

RECE

WED

Division of

Legal Counsel

Fax

to:

John Kim, Attorney

Fax number: 217-782-9807

~

a

5

Fax

from: MarlenaMache

Environmental Protectior~

Fax number:

262/784-8042

Agency

Date:

April 29, 2005

Regarding:

90 DayExtensionand

Filing

ofanAppeal forExpenseReimbursementfrom

the LUST FUND

•

SITE:

LPC

12114220017—Marion County

Centralia/Pete’s Marathon

-

539

S. Poplar Street

LUST Incident #892101

LUST

TECHNICAL

FILE

TOTAL

NUMBER

OF PAGES

iNCLUDING THIS

PAGE:

~fr. Kim:

Attached is a copy ofthe IEPA Final Determination Letterdated April

12,

2005.

I am requesting a 90 day extension during which time I plan to file an Appeal regarding

the deduction ofthe Attorney John Lackey’s fees.

The fees were for the modification of

the ELUC’s and HAA’sthat are legal documents that were a requirement by IEPA to

make progress on the above site.

Legal documents require an attorney to review them

and to modifythem.

I do not have legal expertise

and being an individual with no

company I do not have access to legal expertise except to hire an attorney.

On the Determination Letter in Attachment A it states the John Lackey fees were for

“Legal Defense Costs”.

This is not correct.

Thank you for yourhelp.

-

•

MarlenaMache

-

-

-

262/784-2676 (phone)

262/784-8042 (fax)

•

---

April 29,2005

3035

Santa Barbara Drive

Brookfield,’WI. 53005

John Kim, Attorney (FAX:

217/782-9807)

Illinois

Environmental Protection Agency

-

Division ofLegal Counsel

1021 North GrandAvenue East

Springfield, Illinois 62794-9276

(217/782-5544)

Re:

Request for 90-Day Extension ofIEPA FinalDetermination received April 19,2005

LPC #1214220017—Marion County

Centralia/Pete’s Marathon

539 South Poplar

LUST Incident #892101

Dear Mr. Kim:

This letter is a request for a 90—day extension of the FinalDetermination rendered in the

communication from 1EPA datedApril 12,2005.

During theextension period my intent is

to lile an appeal to receive

the reimbursement for the

daim that was deducted from my

-

reimbursementrequest

The

informationdescribing

the portions ofthe

submiitds

that

were

deducted

is

detailed in

r~Attachment

A, Item

#2” ofthe

IEPA Determination Letterthat is attached to

thisletter.

I

am attempting

to

get a

reimbursement for the $1476.06 that was deducted. These costs

were

for

costs

to

modify and

implement the

required Highway Authority

Agreements and the

ELUC’s

for the LUST

SITE cited

above.

The

billing

period was

November 1,

2002

to

October

31, 2004.

The

work

consisted of

Personnel

costs andMaterialsand Expendables

for

a total

payment requested of$2258.39.

I am trusting that

you

can assist me

in obtaining

the

extension.

This

is

the

same procedure

thatI used in

the

past

and youwere able

to

assistme.

I

have

faxeda

copy of

this

letter to

Mr. JamesMalcom,

ifi,

1EPA

Project

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

numbergiven

on

this letter.

Thank

you for you assistance

in this very

complicated, lengthy,

and

stressfulprocess

o~

soil

~

c:

James

Malcom (FAX:

217/534-4193)

---

-

CERTIFICATE OF SERVICE

I, the undersigned

attorney

at law, hereby certify that on May 18, 2005, 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:

DorothyM. 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

Respondent

Assistant Cou

ci

-

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)