BEFORE THE ILLINOIS POLLUTION
CONTROL
BOARD JAN 1 0 2007
Pollution
STATE OF
Control
ILLINOISBoard
MIKUSKA INVESTMENTS, LTD
.,
)
Petitioner,
)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
Respondent
.
)
.r\`
1
son
Dated : January 9, 2007
1021 North Grand Avenue East
P.O
. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
ecial Assistant Attorney General
NOTICE
Dorothy Gunn
Jim Bowling
Clerk
United Science Industries, Inc .
Illinois Pollution Control Board
P.O. Box 360
100 West Randolph Street, Suite 11-500
Woodlawn, Illinois 62898
Chicago, Illinois 60601-3218
PLEASE TAKE NOTICE that I have today caused to be filed a REQUEST
FOR NINETY
DAY EXTENSION OF APPEAL PERIOD with the Illinois Pollution
Control Board, copies of
which are served upon you .
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
PCB
(LUST
07-Appeal40
- Ninety Day
Extension)
THIS FILING IS
SUBMITTED ON RECYCLED PAPER
RECEIVEDCLERK'S
OFFICE
RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN 1
1
1007
Pollution
STATE OF
Control
ILLINOISBoard
MIKUSKA INVESTMENTS, LTD .,
)
Petitioner,
)
v.
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
(LUST
PCB NoAppeal
. 07-
t0-
Ninety
0
Day Extension)
REQUEST FOR NINETY DAY EXTENSION
OF APPEAL PERIOD
NOW COMES the Respondent, the Illinois Environmental Protection Agency ("Illinois
EPA"), by one of its attorneys, James G
. Richardson, 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 of the thirty-five (35) day period for petitioning for a hearing to
April 13, 2007, or any other date not more than a total of one hundred twenty-five (125) days
from the date of receipt of the Illinois EPA's final decision
. In support thereof, the Illinois EPA
respectfully states as follows
:
1 .
On December 6, 2006, the Illinois EPA issued a final decision to the Petitioner
.
2.
On January 5, 2007, 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 to join in
requesting that the Board extend the thirty-five day period for filing a petition by ninety days
.
Upon information and belief the Petitioner did receive the final decision on December 9, 2006
.
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
mes G. Ric ands -
pecial Assistant Attorney General
Dated: January 9, 2007
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
THIS FILING IS SUBMITTED ON RECYCLED PAPER
2
Jan-08-OT
15 :42
From-United
Science
Industries
6187352807
T-756
P .02/07
F-582
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND
AvrNur Ersi, P .O . Box 19276, SPRINCrir D, ILoNois 62794-9276- (
217) 702 .3397
IAMIS 2 TIiOMP90N CIMtg, 100 WesT RAVpaPM, StnTE 11 .300, CtCAGo,
1160601 -(3121 814-6026
Re: LPC #1970455336
-- Will County
Joliet/Milcuska Investments, Ltd .
112 Ncrrth Larkin Avenue
Leaking UST Incident No . 20051234
Leaking; UST FISCAL FILE
Dear Mr . Mikuska :
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 June 13, 2006 and was received by the
Agency on August 11, 2006
. 'The application for payment covers the period from August 31,
2005 to June 21, 2006
. The amount requested is $34,765 .19.
The deductible amount to be assessed on this claim is $10,000.00, which is being deducted from
this payment
. In addition to the deductible, there are costs 6Dm this claim that are not being
paid, Listed it1 Attachment A are the costs that are not being paid and tux:
reasons these costs are
not being paid.
On August 11, 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 for $18,386
.51 will
be prepared frlr submission to the Comptrollefs Office for payment as funds become available
based upon the date the Agency received your complete request for payment of this application
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 tie Agency. This constitutes the Agency's final action with regard to the above
application(s) for payment
Ra,saan - 4304 NMn h4 in 5'we Rn
Elgin,
it 0
.
61103 - (615) 937-)>60 • pus PUms- 9511 W . Hw,ho 91 ., Des Vl4hrts, a 60016
- (847) 294.4000
non-593 Scat, Sao, Elgin,E)Rln1160223-(847)600.3131
•
PIORIA-5415
N,Unlwr71ty5c
.PCU1le,IL61614-5309)693-5463
BuRtMorIenn-PawA-761014 .UnivesSltySt,PSak,1161614-(309)693-5462 • CIV.MPMCN-212550UIhFusLSIMCSC~rnf416n,IL61a20-(217)278
.5600
Sra,rChILG-45005 . Sixth Street Rd„Springfield,IL62706-1217)786.6092 4 CGUnsy0.u-20WNy0seel,COIIinwRM,1162234-16)6)346-5120
Myna
•,
- 2409
W .
Main SL, Suite 116. Mirbn, IL 62759-(6I g) 093.7200
F*Jl%t 0On RKVC1o PAPta
'
!/c {heel--s
s
/fa ~'L
-_Tb
ROD R .
GOVERNOR
DOUGLAS P . SCOTT, DIRECTOR
217n82-6762
yr
.
i
1uu~
CERTIFIED MAIL 4
DEC 0 6 2908
7004
2510 0001 8622 B6?9
Mikuska Investments LTD
„Jn/
-A?',!74f F'~-~'69;T3.'~~°~d&
. J7
Attention ; Michael A. Mikuska
c% Southwest Bank Commercial Lending
Atm
: Jennifer 'Jeseogni-Acct . *0032713725
Belleville, Illinois 62221
N5/r4
.
.a
55.56
7P
9'
Jan-08-O7
15 :42
From-United Science Industries
6187352907
T-756
P 03/07
F-582
Page 2
An underground storage tank owner or operator may appeal this final decision to the Illinois
Pollution Control Board (Board) pursuant to Section 57
.8(1) 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
from the owner of
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
lUinois EPA as soon as possible
.
For information regarding the filing of
an appeal, please contact :
Dorothy Guns,, 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 Fast
Springfield, Illinois 62794-9276
217/782-5544
If
staff
you
at
have217/782-6762any
questions
.
or require
further assistance,
please contact Susan
Brock of my
Do
s E. Oakley, Manager
Leaking UST
Claims Unit
Planning & Reporting Sectio
Bureau of Land
17EO: SB
:bjht0631 L doe
Attachment
cc
:
United Science Industries, Inc .
Jan-08-OT 15 :43
From-United Science Industries
6187352907
T-756
P
.04/07
F-582
Re'
LPC q 1970455336 -- will County
JolietUK1 ikuska Investments, Ltd
.
112 North Larkin Avenue
Leaking, UST Jncidcnt No . 2005 1234
Leakutg UST Fiscal File
Citations in this attachment are from the Environmental Protection Act (Act), as amended by
Public Act 92-0554 on June-24, 2002, and 35 Illinois Administrative Code (35 At . Adm . Code) .
vad\
Attachment A
Technical Deductions
Description of Deductions
$1,700
.27, deduction for costs for KDH Services Invoice 050106 for fill removal,
compaction, rebar dowel installation, etc . and concrete work, which lack supporting
documentation. Such costs are ineligible for payment from the Fund pursuant to 35
Ill. Adm . Code 734 .630(cc)
. Since there is no supporting documentation of costs, the
Illinois EPA cannot determine that costs will not be used for activities in excess of
those necessary to meet the minimum requirements of] itle XVI of the Act .
Therefore, such costs are not approved pursuant to Section 57
.7(c)(3) of the Act
because they may be used for site investigation or corrective action activities in
excess of those required to meet the minimum requirements of Title XVI of The Act,
In addition, costs associated with thu compaction and density testing of backftll
material are ineligible . Such costs are ineligible for payment from the Fund pursuant
to 33 111 . Adm . Code 734 .630(w)
. In addition, such costs are not approved pursuant,
to S sction 57
.7(cX3) of the Act because they are not site investigation or corrective
action costs .
An invoice was submitted for blacktop repair, which is sufficient for repair of the area
disturbed upon UST removal .
°
3'/7
.5'3
5 1
Gf ,v
yt
! °~
a'r-
7aS
.j444
1
o ,
One
.
`la`ii 1
'
Jan-08-07 15 :43
From-United Science Industries
6187352907
Re :
LPC #1970455336 -- Will County
JolietMikuska Investments, Ltd .
112 North Larkin Avenue
Leaking UST Incident No
. 20051234
Leaking UST Fiscal File
Citations in this attachment are from the Environmental Protection Act (Act) in effect prior to
June 24, 2002, and 35 Illinois Administrative Code (35 Ill_ Adm
. Code)
.
Item #
Description of Deductions
1 . Ass~ $68
.40, adjustment in the handling charges due to the deduction(s) of ineligible costs
.
~ te
Suc e 5ts are
ineligible
Code e3o
.6payment from the Fund pursuant to Section 57
.8(1) of the Act
fib'
Deductian for handling charges in the billing(s) exceed the handling charges set forth in
Section 57 .8(f) of the Act . Handling charges are eligible for payment only if they are
equal to or less than the amount determined by the following table
:
Subcontract or
Eligible Handling Charges
Field Purchase Cost
as a Percentage of Cost
$0-$5,040
12%
$5,001-n15,000
$600 + 10% of amount over $5,000
$15,001-$50,000
$1600 +
8% of amount over $15,000
$50,001-$100,000
$4400 + 5% of amount over $50,000
$100.00]-$1,000,000
56900+2% of amount over $100,000
Attachment A
Accounting Deductions
r . .11UI
T-756
P . 05/07
F-582
Such cc sts are ineligible for payment from the Fund pursuant to Section 57
.8(f) of the Act
and 351.11 . Adm
. Code 732,607 .
Hotel costs incurred by the primary consultant are not eligible for handling charges
.
Handling charges have been adjusted using the sliding scale .
$218.7`, deduction for minimum requirements necessary to comply with the Act
. Costs
associated with site investigation and corrective action activities and associated materials
or services exceeding the minimum requirements necessary to comply with the Act
. are
not eligible for payment from the Fund pursuant to Section
57.7(c)(4)(C)
of the Act and
35 Ill . Adm . Code 732 .606(o) .
i
I
w
_ - __ VLA
. LUJf7L
r' .
Jan-08-07
15:43
From-United Science Industries
6167352007
T-756
P . 0 6 /07
F-582
Page')
Deduction for
corrective action as submitted . Such costs are ineligible for payment from
the Fund pursuant to Section 57 .7(c)(4XC) of the Act and 35 111
. Adm . Code 732 .606(hh).
Costs associated with OSFM and Eligibility and Deductible Determination are not
correcti'.'e action activities and are ineligible
.
3 .4,
$1,582 aO, deduction for costs that lack supporting documentation
. Such costs are
ineligible for payment from the Fund pursuant to 35 III
. Adm, Code 732 .606(gg). Since
there is no supporting documentation of costs, the Illinois EPA cannot determine that
costs will not be used for activities in excess of those necessary to meet the minimum
requirerents of Title XVI of the Act
; therefore, such costs are not approved pursuant to
Section 57.7(c)(4)(C)
of the Act because they may be used for corrective action activities
in excess of those required to meet the minimum requirements of Title XVI of the Act .
111Deduction
ineligib
. Adat.e
.
for
Code
for
corrective
payment
732.606(hh)from
action
.
the
costs
Fund pursuant
that are
to
not
Sectionreasonable
57.7(c)(4)(C)as
submittedof
.
the
Such
Act
costs
and
arc35
Personnel costs have been requested on the following invoices for vendor agreements,
vendor bids,
2, y,6)Lf,o,fl
and subcontractor
Sr
and vendor agreements,
r
7SI
LIS]
invoice
invoice
#012346,
#010074,
dated
dated September
March l,
1,
2006-
2005May-
October
6, 2006
5,
($227
2005
.50)
($1,355 .00)-?
In add it
.07
ion, handling charges have been requested and are eligible for payment on the
vendor and
subcontractor invoices in this reimbursement package
. "Handling Charges"
mean administrative, insurance, and interest costs and a reasonable profit for
procure rnent, oversight, and payment of subcontracts and field purchases
.
Please provide an explanation for the additional 18
.5 hours of personnel costs associated
with vendor and subcontractors,
3 .
$2,638.74,
deduction for costs associated with any corrective action activities, services, or
~p
matedais that exceed the maximum payment amounts set forth in Subpart H
. Appendix
e
D, and/or Appendix E of 35 Ill
. Adm . Code 732,
The cost for soil removal, disposal and
backftlling has been adjusted to $77
.00 per cubic yard
. The costs exceed the maximum
payment
Code 7'12amounts
. Such
set
costs
forth
are ineligible
in Subpart
for
H, Appendix
payment from
D, and/or
the Fund
Appendix
pursuant
E
to
of
35
35
IllIIi.
.
AdmAdm
.
.
Code 732 .606(ccc)
. In addition, such costs are not approved pursuant to Section
57 .7(cX
4)(C) of
the Act because they are not reasonable .
mes G. Richars son
pecial 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)
J
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on January 9, 2007 I served true
and correct copies of a REQUEST FOR NINETY DAY EXTENSION OF APPEAL PERIOD by
first class mail of the United States Postal Service upon the persons as follows :
Dorothy Gunn
Jim Bowling
Clerk
United Science Industries, Inc
.
Illinois Pollution Control Board
P.O. Box 360
100 West Randolph Street, Suite 11-500
Woodlawn, Illinois 62898
Chicago, Illinois 60601-3218
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
3
