RE
CLERK'S
CEIVFD
OFFICF
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN 1
1
2U07
Pollution
STATE OF
Control
ILLINOISBoard
WATERTOWER MARINA, INC .,
)
Petitioner,
)
v .
)
(LUST
PCB 07-Appeal
f2,
-
%
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
James
chardson
Special Assistant Attorney General
Dated: June 7, 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
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD JUN 1
12007
WATERTOWER MARINA, INC .,
Pollution
STATE
OF
Control
ILLINOIS
Board
)
Petitioner,
)
v.
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
PCB No . 07- !
3%
(LUST Appeal - Ninety 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 35 111. 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 16, 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 :
On May 11, 2007, the Illinois EPA issued a final decision to the Petitioner
.
2 .
On June 4, 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 14, 2007
.
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
ames G
. Richardson
pecial Assistant Attorney General
Dated
: June 7, 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
e
217/782-6762
Re:
LPC #1110605146 -- McHenry County
McHenry/Watertower Marina, Inc .
3112 West Lincoln Road
Leaking UST Incident No . 990656
Leaking UST FISCAL FILE
Dear Mr. Galway :
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 December 11, 2006 and was received
by the Agency on December 14, 2006 . The application for payment covers the period from
August 1, 2006 to October 7, 2006 . The amount requested is $40,058.37
.
The deductible amount for this claim is $10,000
.00, which was previously deducted from the
billing submittal received by the Agency on September 23, 1999 for $25,080
.59. There are costs
from this claim that are not being paid
. Listed in Attachment A are the costs that are not being
paid and the reasons these costs are not being paid
.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND AVENUE EAST, P .O . Box 19276, SPRINGFIELD, ILLINOIS 62794-9276 -( 217) 782-3397
LAMES R . THOMPSON CENTER, 100
WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601 -(312) 814-6026
ROLE~161EIIa\JGp~gNOR
MAY 'I
11,
~ma
1L
.
1/
?
Water
MAY 1
Tower
1 2007
Marina,
BY
Inc
.
.
1-1/,,)o
Attn: John Galway c/o Jennifer Vescogni
Southwest Bank Acct . #0032713725
#2 Carlyle Plaza Drive
Belleville, Illinois 62221
DOUGLAS
P . SCOTT, DIRECTOR
/fO$p0a
-
-%,
y'
CERTIFIED MAIL #
7004
2510 0001 8623 6720
3oFi&
dC/NS-#
Rte- jfay9 Is
Vena~oK- eG,
(~) ft/OS/C j /
-
I cc3/5cV 6oc'70-
On December 14, 2006, 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 $37,972 .524
ill 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 .
RocxUORD-4302 North Main Street, Rockford, It
. 61103-(815) 987-7760
DEs PLANES-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
SPRNCf1ELD- 4500 5 . Sixth Street Rd., Springfield, IL 62706- (217) 786-6892
• COwNSVILLE-2009 Mail Street, Collinsville, IL 62234 -(618) 346-5120
MARION-2309 W . Main St ., Suite 116, Marion, IL 62959-(618) 993-7200
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(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
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 Doug Tolan
of my
staff at 217/782-6762
.
Douglas E. Oakley, Manager
Leaking UST Claims Unit
Planning & Reporting Section
Bureau of Land
DEO
:DMT:mls\072377.doc
Attachment
cc:
United Science Industries, Inc .
l
Re: LPC #1110605146 -- McHenry County
McHenry/Watertower Marina, Inc.
3112 West Lincoln Road
Leaking UST Incident No . 990656
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 .
$1,049 .19, deduction for costs that lack supporting documentation . Such costs are
b t~(
A~~~f
t
ineligible
here is no supporting documentation of costs, the Illinois EPA cannot
determine
that
Since
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(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
.
a.
Analytical Costs-lack of documentation-no invoices
2.
$1,036 .66, deduction for corrective action costs that are not reasonable as submitted
.
Such costs are ineligible for payment from the Fund pursuant to Section 57
.7(c)(4)(C) of
the Act and 35 III. Adm. Code 732 .606(hh).
Deduction for costs associated with 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 Ill
. Adm.
Code 732.601(g) and 732 .606(m).
a.
Analytical-unreasonable and beyond the high priority budget in regard to the
NA
R ~
itemized costs larger than the amounts in the approved budget = $25 .53:
ipg
BTEX = $87 .37/each; $85/each approved; $2.37/each x 9 = $21
.33
Il °
Sample shipment = $51 .40/each; $50/each approved; $1 .40/each x 3 = $4.20
b. Remediation & Disposal - unreasonable & beyond the high priority budget in
regard to the itemized costs larger then the amounts in the approved budget =
$654 .82
Contaminated backfill = $58 .59/CY
; $57/CY approved; $1 .59/CY x
gyp, .p,a
9
$189.19/CY = $300.82
11D
Attachment A
Accounting Deductions
Page 2
A/R R°a
Clean
0 ckfill = $20 .56/CY; $20/CY approved ; $0 .56/CY x $196 .43/CY =
`
1b /
o~q,
`00
0
9
q
j
a
Contaminated water = $0 .70/Gal.; $0.68/Gal. approved ; $0.02/Gal. X 12,200
Gal. = $244.00
c.
Consultants Fees- unreasonable & beyond the high priority budget in regard to the
itemized costs larger then the amounts in the approved budget =$356
.31
:
11
rz h
} u 14~p1
Person nel- Sr
. P.M. = $102.76/hr
.
; $100/hr. approved; $2.76/hr. x 7 .25 =
Personnel - Acct
. Tech III = $46
.24/br .
; $45/hr. approved ; $1 .24/hr. x 2 .75 =
$3.41
Personnel - Sr. P.E = $133.60/hr .; $130/hr. approved; $3.60/hr. x 0.5 = $1 .80
Personnel - Sr. Acct. Tech = $56.52/hr.; $55/hr. approved; $1 .52/hr. x 0.5 =
$0.76
Personnel - Sr. Tech = $66 .80/hr.; $65/hr. approved ; $1 .80/hr. x 38 = $68 .40
Personnel - Sr. Adm. Asst. = $46.24/hr .; $45/hr. approved; $1 .24/hr . x 4.75 =
$5 .89
Personnel -
Sr. P.E. _ $133 .60/hr.; $130/hr
. approved; $3
.60/hr. x 0.75 =
$2.70
Personnel
- Sr. P.M. _ $102
.76/hr. ; $100/hr
. approved
; $2.76/hr
. x 86.5 =
$238.74
Materials-Vehicle = $61 .64/DA; $60/DA approved; $1 .64/DA x 5 = $8 .20
Materials - PH) = $107 .92/DA; $105/DA approved ; $2.93/DA x 2 = $5 .84
Materials - Camera = $1028/DA ; $10/DA approved
; $0.28/DA
x 2 = $0 .56
DMT:mls/072378.doc
ames G. Richardson
pedaI 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 7, 2007 1 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 Finn, 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
