K1L11\IGI\IER

616 North 24th

St.

•

Quincy,

62301

•

voice 217.223.3670

•

fax

217223.3503

Engineers

/ Architects

RECEIVED

CLERK’S

OFFICE

APR 21

2005

STATE OF ILLINOIS

April

19,

2005

Pollution Control

Board

ffl~sPolluflon Control Board

0~’~

‘1

James

R. Thompson Center

100 West

Randolph Street

Suite 11-500

Chicago,

60601

RE:

Request for 90 Day Extension

LPC #0670555003

—

Hancock

County

Plymouth/Southeastern Comm. Unit School Dist. #337

IL Rt.

LUST Incident No. 992285

Dear Ms.

Gunn:

Klingner & Associates,

P.C., on behalf of Southeastern Community Unit School District No. 337

(Petitioner),

requests that the Illinois

Pollution

Control Board (Board) grant an extension of the

thirty-five (35) day period for petitioning a

hearing to July 18, 2005.

The final decision was

received by Petitioner on

March

15,

2005.

copy of the final decision is attached.

The Illinois

EPA, by one of its attorneys,

John

Kim, Assistant Counsel

and Special Assistant

Attorney General, joins in

this request.

A copy of the original request sent to Mr.

Kim is also

attached.

If you have any questions please

contact me or Mr.

Kim (217-782-5544).

Very truly yours,

KLINGNER & ASSOCIATES,

P.C.

nce Schuette, P.E.

LLS/krm/P:\99FILES\9931 1\REIMBURSEMENT\CORRECTIVE ACTION

1\IEPAO4I 9O5LET.DOC

Mike Owen, Southeastern Community Unit

School District No. 337

Sam Hale III,

Illinois

EPA,

Bureau of Land

#24,

LUST Section,

1021

North

Grand Avenue East, Post Office

Box 19276, Springfield,

Illinois

62794-9276

John

Kim,

Illinois EPA,

Division

of Legal

Counsel,

1021

North Grand Avenue East,

Springfield,

62794-9276

Enclosure:

Illinois

EPA Correspondence

Copy of Original Request

www. klingner.

corn

Quincy, IH

Hannibal, MO•

Burlington, A’

Galesburg,

KLINGNER

&ASSOCIRTES

616

North 24th St.

Quinc~

62301

•

voice 217.223.3670

•

fax

217.223.3603

RECEIVED

CLERK’S OFFICE

April 7,

2005

APR

2 ~2005

STATE OF ILLtNOIS

PolIUtiOh’ Control Board

EngineerS

/ Architects

Illinois Environmental Protection Agency

Division of Legal Counsel

Attention:

John Kim

1021

North Grand Avenue East

Springfield, Illinois

62794-9276

RE:

Request for 90 Day Extension

LPC #0670555003

—

Hancock County

Plymouth/Southeastern

Comm. Unit School Dist. #37

Rt.

LUST Incident No. 992285

Dear Mr.

Kim:

Klingner & Associates, P.C., on

behalf of Southeastern Community Unit School District

No. 337, requests a 90-day extension for a potential appeal of a decision received by

the consultant on

March

15, 2005 from the

Illinois Environmental

Protection Agency

concerning the above referenced site.

A copy of the correspondence is included as an

attachment

always, if you have any questions please do not

hesitate to contact us.

Very truly yours,

KLINGF~ER& ASSOCIATES,

P.C.

ance Schuette, P.E.

LLS/AEJIP:\99FILES\9931 1\REIMBURSEMEN’flCORRECTIVE ACTION

1\IEPAO406O5LET.DOC

Mike Owen, Southeastern Community Unit School District No. 337

Sam Hale III, Illinois

EPA

Enclosure:

Illinois

EPA Correspondence

www.klingner.com

Quincy, IL.

Hannibal, MO’

Burlington, IA’

Galesburg, IL

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH

GRAND AVENUE

EAST,

P.O.

Box

19276,

SPRINGFIELD,

ILLINOIS

62794-9276, 217-782-3397

JAMES R.

THOMPSON

CENTER,

100

WEST

RANDOLPH,

SUITE

11-300,

CHICAGO,

IL 60601, 312-814-6026

ROD

BLAGOJEVICH,

GOVERNOR

RENEECIPRIANO,

DIRECTOR

217/782-6762

CERTIFIED MAIL #

7002

3150

0000

1252

4251

Southeastern Community Unit School District No.

337

Attn:

Mike Owen

P.O.

Box 247

Boweñ, Illinois

62316

Re:

LPC #0670555003

Hancock County

Plymouth/Southeastern Comm. Unit School Dist. #37

IL Rt.

LUST Incident No.

992285

LUST FISCAL FILE

Dear Mr. Owen:

The Illinois~Environmefltal

Protection Agency has completed the review ofyour application for

payment from the.UndërgroUnd Storage

Thnk Fund for the above-referenced LUST incident

pursuant to Section

57.8(a)

ofthe Illinois Environmental Protection Act (Act), and

35 Iii. Adm.

Code 732, Subpart

This

information is dated October

19, 2004 and was received by the

Agency on October 26, 2004.

The application forpayment

covers the period from August 1,

200.2

to October 10,

2004.

The amount requested is $69,883.42.

The deductible amount for this claim

is $10,000.00, which was previously deducted from the

billing submittal received by the Agency on June

1, 2001

for $13,391.61.

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 January

17, 2005, 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 cannot be prepared

for submission to the Comptroller’s office for payment

Subsequent

applications for payment

that have been/are 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 57.8(i) and Section 40 ofthe Act by filing a

petition for a hearing within 35

days after the date ofissuance of the final decision.

However,

ROCKFORD —4302

North Main Street.

Rockiord,

IL 61103

—(815) 987-7760

•

DES

PLAINES

9511

W. Harrison

St.,

Des

Plaines, IL 60016

(847) 294~4000

ELGIN—595

South

State, E(gin, IL60123

—(847)

608-3131

•

PEORIA—5415

N. University

St.,

Peoria,

IL 61614—(309I

693-5463

BUREAU

LAN0

PEoRIA

—

7620 N. University

St.,

Peoria, IL 61614

—(3091 693-5462

•

CHAMPAIGN

—

2125

South First Street, Champaign, IL

61820 —(217) 278-5800

SPRINGFIELD

—4500

S. Sixth Street Rd.,

Springfield,

62706—

(2171 786-6892

•

COLLINSVILLE

—

2009 MaIl

Street, Collinsville,

IL 62234

—(6181

346-5120

MARION

—

2309 W. Main

St.,

Suite 116, Marion,

IL 62959 —(618) 993-7200

PRINTED

RECYCLED PAPER

Page 2

the 35-day period maybe 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

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 ofan

extension, please contact:

Illinois Environmental Protection Agency

Division ofLegal Counsel

1021 North Grand Avenue East

Springfield,

Illinois 62794-9276

217/782-5544

Ifyou

have any questions or require further assistance, please contact

Sam Hale III of the

technical section

at 217/782-6762.

‘E.

Oakley, Manager

LUST Claims Unit

Planning & Reporting Section

Bureau ofLand

DEO:NW:mls\052985.doc

Attachment

cc:

Klingner &

Associates

Attachment A

Technical Deductions

Re:

LPC #0670555003

Hancock County

Plymouth/Southeastern Comm. School Dist. #337

IL Rt.

LUST Incident No.

992285

LUST Fiscal File

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

Illinois

Administrative

Code

(35

Ill. Adm.

Code).

Item #

Description ofDeductions for $69,883.42.

Deduction for costs that lack supporting

documentation

(35

Ill. Adm.

Code

732.606(gg)).

Since there is no

supporting documentation ofcosts, the Illinois EPA

cannot determine that costs were not used for activities in excess of those necessary to

meet the minimum requirements ofTitle XVI oftheAct (Section

57.5(a)

of the Act

and 35 Ill. Adm.

Code 732.606(o)).

Deduction for costs related to activities, materials, or services not necessary to stop,

minimize,

eliminate, or clean up a release ofpetroleum or its effects in accordance

with the minimum requirements ofthe Act

and regulations

(35 Ill. Adm.

Code

73 2.606(y)).

These costs are not

corrective action costs.

“Corrective action” means an

activity associated with compliance with the provisions of Sections 57.6

and

57.7 of

the Act (Section 57.2 ofthe Act and

Ill. Adm.

Code

732.103).

One ofthe eligibility

requirements for accessing the Fund is that costs are associated with

“corrective

action” (Section

57.9(a)(7)

of.the

Act

and

Ill. Adm.

Code

732.505(c)).

Deduction for costs for investigative activities

and related services or materials for

developing a High Priority corrective action plan that are unnecessary or inconsistent

with generally accepted practices or unreasonable costs forjustifiable activities,

materials, or services

(35

111.

Adm.

Code 732.606(cc)).

These costs are for activities in

excess ofthose

neàessary to

meet the minimum requirements of Title XVI ofthe Act

(Section 57.5(a) ofthe Act and 35

III. Adm.

Code

732.606(o)) andldr are not

reasonable

as submitted (Section 57.7(c)(4)(C) of the Act and 35

Ill.

Adm.

Code

732.606(hh)).

Deduction for costs exceeding those contained in

a budget plan or amended plan

approved by the Illinois EPA or by operation oflaw

(35

Ill. Adm. Code

732.606(m)).

Deduction for costs associated with Corrective Action.

These costs are for activities in

excess of those necessary to meet the minimum requirements ofTitle XVI of the Act

(Section 57.5(a)

of.the Act and

Ill.

Adm.

Code

732.606(o)).

SH:mls\053 l22.doc

0297~J1L,~U0~.PR

264

i’JIAILED

F~OMOUINc~IL

62301

K1L11\IGI\IER

Engineers

Architects

1L)

C?S

616

North

24th

Street

&ASSO

CIATE

Quincy,

Illinois

62301

CLERK’S

OFFICE

STATE

ILLINOIS

POIj~t1o~

Cont~oj

Board

DOROTHY

M

GUNN,

CLERK

ILLINOIS

ROLLUTION

CONTROL

BOARD

JAMES

R

THOMPSON

CENTER

100

WEST

RANDLOPH

STREET,

STE

11—500

CHICAGO,

IL

60601