PIONEER OIL COMPANY,
)
Petitioner,
)
v.
)
PCB 07- ~~
(LUST Appeal
- Ninety Day
ILLINOIS ENVIRONMENTAL PROTECTION
)
Extension)
AGENCY,
)
Respondent.
)
NOTICE
Dorothy Gunn
Mandy L. Combs
Clerk
The Sharp Law Firm, P .C.
Illinois Pollution Control Board
P.O . Box 906
100 West Randolph Street, Suite 11-500
Mt. Vernon, Illinois 62864
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
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
James G
. Richar son
Special Assistant Attorney General
Dated
: June 1, 2007
1021 North Grand Avenue East
P .O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK'S OFFICE
JUN 0 6 2001
Pollution
OControl
Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PIONEER OIL COMPANY,
)
Petitioner,
)
v.
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
PCB No . 07- 1 >1
(LUST Appeal
- Ninety Day Extension)
CLERK
RECEIVED
JUN 0 6 2007
Pollution
STATE OF
Control
ILLINOIS
Board
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 5140(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
September 7, 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
:
I .
On May 3, 2007, the Illinois EPA issued a final decision to the Petitioner
.
2.
On May 31, 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 May 5, 2007
.
1
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
James G. ichardson
Special Assistant Attorney General
Dated: June 1, 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
r1HY-J1-2U ( 1b
:5'j
11LL•
LLUHL
May
.31 . 2007
3:40PM
THE SHARP LAW FIRM PC
is
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND AVENUE EAn,
P.O . Box 19276, SPRINONELD, ILLINOIS 62794-9276-(21-7) 7823397
)AMES R. THOMPSON CENTER, 100 WEn RANOOLPH,
SLATE 11-300, CHIUco, IL 60601 -
(312) 814.6026
ROD
R, BIAGO)EVIcM, GOVERNOR
Douc As P. SCOTT, DIRECTOR
2171782-6762
RECEIVED
MAY 0 3 2001
MAY 0
7109
BY: .
Pioneer Oil Company
Attn
: Southwest Bank•A
cct
. #0032713725
#2 Carlyle Plaza Drive
Belleville, Illinois 62221
Re:
LPC #1350655005 --Montgomery County
Taylor Springs/O'Cminn's Service
9093 Illinois Route 127
Leaking UST Incident No
. 991616
Leaking UST FISCAL FILE
Dear Mr
. Tompkins
:
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(8) of the Illinois Environmental Protection Act (Act), and 35
Ill. Adm
. Code 732, Subpart F . This information is dated December' 8, 2006 and was received by
the Agency on January 3, 2007 . The application for payment coven the period from January 1,
2006 to November 11, 2006. The amount requested is $9,520.36
.
The deductible
amount for this claim is $10,000.00, which was previously deducted from the
Invoice Voucher dated April 14, 2000. Listed in Attachment . A are the costs which are not being.
paid and the reasons these costs are not being paid .
On January 3, 2007, the Agency received your application for payment for this claim
. As a
result of the Agency's review of this application for payment, a voucher for $4,689 .47 will be
prepared for submission to the Comptroller's 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 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(1) and Section 40 of the Actby filing a
petition for a hearing within 35 days after the date of issuance of the final decision
. However,
-
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Peo IE, IL
61614-(309) 693.5462
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PRINTID ON RLc,C jb
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CERTIFIED MAIL #
7004 2510 0001 6623 9202
h .esill
No
. 2148
P.
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MAY-31-2007
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DLC LEGAL
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May
. 3)
. 2007
3:40PM
THE SHARP LAW FIRM PC
No
. 2148
P
. 4
E Oakley, Manager
UST Claims Unit
Planning & Reporting Section
Bureau of Land
DEO:CSE:mls\072421
.doc
Attachment
cc:
United Science Industries
C
Page 2
the 35-day period may be 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 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 0mm, 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 Catherine S
. Elston
of my staff at 217/7824762.
{(
MAY-31-2007 15 :39
DLC LEGAL
May . 31
. 2007
3
:40PM
THE SHARP LAW FIRM PC
Attachment A
Accounting Deductions
Re:
LPC #1350655005 -- Montgomery County
Taylor Springs/O'Cruinn's Service
9093 Illinois Route 127
Leaking UST Incident No . 991616
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 .
$2,850.29,
deduction for costs associated with free product removal, site investigation or
corrective action
. The billings submitted exceed the approved budget amounts
. The
Illinois EPA is unable to approve billings that exceed the approved budget amounts
pursuant to section 57.8(a)(1) of the Act and 35
.111. Adm
. Code 732 .601(g) and
732.606(m)
.
Investigation costs exceeded the approved budget - $2,696.87.
Dandling charges exceeded the approved budget - $118.66.
Personnel costs for Senior Technician, Scientist II and Administrative Assistant billed at
higher rate than approved in the budget - $34.76.
2.
$1,656.98,
deduction for costs that lack supporting documentation . Such costs are
ineligible fdr payment from the Fund pursuant to 35111 . 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
requirements of Title XVI of the Act
; therefore, such costs are not approved pursuant to
Section 57.7(cX4)(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
.
Analysis costs do not have invoices from Teklab and Holcomb Foundation Engineering
Company stating the amounts paid for analysis costs -
$1,554 .18
.
Field Purchases do not have invoices for sample shipping -
$102.80. J
$323
.62, adjustment in the handling charges due to the deduction(s) of ineligible costs .
Such costs are ineligible for payment from the Fund pursuant.
to Section 57.8(f) of the
Act and 35111
. Adm. Code 732 .607.
Handling charges on ineligible investigation costs .
CSE:mla1072422
.6c
No . 2148
P .
5
P .05/11
James G . Richardson
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)
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on June 1, 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
Mandy L . Combs
Clerk
The Sharp Law Firm, P.C.
Illinois Pollution Control Board
P
.O
. Box 906
100 West Randolph Street, Suite 11-500
Mt. Vernon, Illinois 62864
Chicago, Illinois 60601-3218
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
3
