CITY OF DES PLAINES (Former A&K
Mini Mart)
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
Dorothy M . Gunn, Clerk
Illinois Pollution Control Board
James R
. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Melanie A . Jarvis
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: July 18, 2006
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
PCB No .
(LUST Appeal - Ninety Day Extension)
NOTICE
Samuel A . La Susa
La Susa & La Susa P.C.
432 East Oakwood Drive
Barrington, IL 60010
RECEIVED
CLERK'S OFFICE
JUL 2 0 2006
Pollution
STATE OF
Control
ILLINOISBoard
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
.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
RECEIVEDCLERKS
OFFICE
JUL 2 0 2006
Pollution
STATE OF
Control
ILLINOISBoard
CITY OF DES PLAINES (Former A&K
)
Mini Mart)
Petitioner,
)
v.
)
PCB No . -
ILLINOIS ENVIRONMENTAL
)
(LUST Appeal - Ninety Day Extension)
PROTECTION AGENCY,
)
Respondent .
)
REQUEST FOR NINETY DAYEXTENSION
OF APPEAL PERIOD
NOW COMES the Respondent, the Illinois Environmental Protection Agency ("Illinois
EPA"), by one of its attorneys, Melanie A
. Jarvis, 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 35 111
. 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 October 22, 2006, 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 :
1 .
On June 8, 2006, the Illinois EPA issued a final decision to
the Petitioner .
(Exhibit A)
2
.
On July 13, 2006, 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 .
Tracking
information from the Certified Mail number on the final decision indicates the final decision was
received on June 19, 2006 . (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 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
Melanie A. Jarvis
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: July 18, 2006
This filing submitted on recycled paper .
2
217/782-6762
duN
0 8 2006
City of Des Plaines
Attention : Sam LaSusa
432 E . Oakwood Drive
Barrington, Illinois 60010
Re : LPC #0310635528 -- Cook County
Des Plains/City of Des Plaines (Former A&K Mini Mart)
1350 Miner Street
Leaking UST Incident No
. 20031138
Dear Mr. LaSusa:
The Illinois Environmental Protection Agency has completed the review of your application for
payment from the Underground Storage Tank Fund for the above-referenced Leaking UST
incident pursuant to Section 57 .8(a) of the Illinois Environmental Protection Act (Act), and 35
Ill. Adm. Code 732, Subpart F
. This information is dated August 30, 2004 and was received by
the Agency on January 9, 2006
. The application for payment covers the period from March 1,
2005 to December 15, 2005 . The amount requested is $6,284 .81
.
The deductible amount for this claim is $10,000
.00, which was previously deducted from the
billing submittal received by the Agency on February 17, 2004 for $68,238 .52. 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 9, 2006, the Agency received your complete application for payment for this claim .
As a result of the 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 of the Act by filing a
petition for a hearing within 35 days after the date of issuance of the final decision
. However,
the 35-day period may be extended for a period of time not to exceed 90 days by written notice
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
Roo R . BLAGOJEVICH, GOVERNOR
DOUGLAS P . SCOTT, DIRECTOR
CERTIFIED MAIL #
7004 2510 0001 8594 2684
ROCKFORD-4302 North Main Street, Rockford, IL 61103-(815) 987-7760 • Des PLAINES-9511 W . Harrison St ., Des Plaines, IL 60016 -(847) 294-4000
ELGIN-595 South State, Elgin, IL 60123-(847) 608-3131 • PEORIA-5415 N . University St., Peoria, IL 61614-(309) 693-5463
BUREAU OF LAND
- PEORIA -
7620 N . University St ., Peoria, IL 61614- (309) 693-5462
CHAMPAIGN -2125 South First Street, Champaign, IL 61820 - (217) 278-5800
SPRINGFIELD-4500 S . Sixth Street Rd ., Springfield, IL 62706-(217) 786-6892 •• COLLINSVILLE-2009 Mall Street, Collinsville, IL 62234- (618) 346-5120
MARION - 2309 W. Main St ., Suite 116, Marion, IL 62959 - (618) 993-7200
PRINTED ON RECYCLED PAPER
ExhC,bIi A-
Page 2
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 of the
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 information regarding the filing of an appeal, please contact :
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois 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
217/782-5544
If you have any questions or require further assistance, please contact Susan Brock of my
staff or Sam Hale of the technical staff at 217/782-6762
.
Oakley, Manager
Le
UST Claims Unit
Planning & Reporting Section
Bureau of Land
DEO :SB :bjh\062089 .doc
cc:
Marquette Partners, Inc .
Re: LPC #0310635528 -- Cook County
Des Plaines/City of Des Plaines
1350 Miner Street
Leaking UST Incident No . 20031138
Leaking UST FISCAL FILE
Item #
Description of Deductions
1 .
$6,284.81,
deduction in costs that the owner/operator failed to demonstrate were
reasonable (Section 22 .18b(d)(4)(C) of the Environmental Protection Act)
.
SH:mls/062158 .doc
Attachment A
Technical Deductions
Law Offices of
Re :
LPC #0310635528-Cook County
Des Plaines/ City of Des Plaines (Former A&K Mini Mart)
1350 Miner Street
Leaking UST Incident No . 20031138
Leaking UST FISCAL FILE
Amount requested : $6,284.81
Dear Mr. Ingersoll :
Please allow this letter to act as
our written request for a 90 day extension of the period
within which to file an appeal of the IEPA final decision denying the application for payment
under the above-captioned LUST incident No . 20031138.
The final decision was contained in a Certified Letter dated June 8, 2006
. A cony of the
letter including Attachment A is attached hereto
.
However, the letter was picked up at the U .S.
Postoffice in Barrington, Illinois on June 19°", 2006 . The 35 day period started to run on June
19th, 2006 and will expire on July 24°i, 2006 . The 90 day period will expire on October 22, 2006
.
EPS Environmental Services, Inc . is currently working with Mr
. Sam Hale of the
Technical staff to have a revised budget approved for the necessary work to delineate the site . It
is my understanding that the work should be completed within said 90 day period
.
In the event you have any questions with reference to the above, please call me
.
SLS/ms
Enclosure
cc: Sam Hale -
Technical Staff - IEPA
EPS Environmental - Attn: Nicholas J. Cuzzone, PE
Marquette Partners, Inc . Attn: Ms Marilyn Markelz
d
La Sus & La S
A a Susa
LA SUSA & LA SUSA, P.C
.
432 EAST OAKWOOD DRIVE
Barrington, Illinois, 60010
Telephone (847) 526-3640
Facsimile (847) 526-8290
Samuel A. La Susa
July 13, 2006
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Springfield, IL 62794-9276
,
Attention : Mr. Bill Ingersoll, Esq.
o
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7/12/2006
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on July 18, 2006, 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 postage affixed thereto, upon the following named persons
:
Dorothy M
. Gunn, Clerk
Samuel A
. La Susa
Illinois Pollution Control Board
La Susa & La Susa P.C.
James R. Thompson Center
432 East Oakwood Drive
100 West Randolph Street
Barrington, IL 60010
Suite 11-500
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
Melanie A. Jarvis
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)
