BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
NOTICE
Dorothy M . Gunn, Clerk
Carolyn S. Hesse
Illinois Pollution Control Board
Barnes & Thornburg, LLP
James R
. Thompson Center
One North Wacker Drive
100 West Randolph Street
Suite 4400
Suite 11-500
Chicago, IL 60606-2833
Chicago, IL 60601
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
RECEIVEDCLERK'S
1 1
OFFICE
JUN 1 2 2007
STATE OF ILLINOIS
ANNE OR FRED HOOD,
)
Pollution Control Board
Petitioner,
v.
,~
)
ILLINOIS
ENVIRONMENTAL
PCB No . 07-
OD
)
(LUST Appeal -
Ninety Day Extension)
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 : June 8, 2007
ANNE OR FRED HOOD,
)
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
REQUEST FOR NINETY DAY EXTENSION
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 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 September 16, 2007, 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
:
I .
On May 8, 2007, the Illinois EPA issued a final decision to the Petitioner
.
(Exhibit A)
2.
On June 7, 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 join in requesting
that the Board extend the thirty-five day period for filing a petition to ninety days
. (Exhibit B)
Tracking information from the Certified Mail number on the final decision indicates the final
decision was received on May 19, 2007
. (Exhibit C)
1
R
LERK'S OFF
C
D
JUN 1 2 2007
Pollution
STATE OFControl
ILLINOIS
Board
PCB No . 07-
14
D
(LUST Appeal -
Ninety Day Extension)
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
: June 8, 2007
This filing submitted on recycled paper
.
2
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e
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
p .2
1021 NORTH GRAND AvENVE
EAST,
P
.O
. Box
19276, SPRINcHELD, ILLINOIS 627949276- (217) 782-3397
JAMES R .
THOMPSON CENTER, 100 WEST RANDOLnH,
SLUE) 1-300, CHICAGO, IL 60601
-
(312)
814-5026
ROD R .
BLAGO)EVIcH, GOVERNOR
DOUGLAS P . SCOTT, DIRECTOR
217/782-6762
MAY 0 8 2007
Fred E. Hood
Attention : CW3
M Company, Inc .
P .O . Box 571
)R~4 ~FTVFD
MAY 9 2007
Carlinville, Dlinoi8 62626
Re:
LPC NI 170405017
- Macoupin County
Gillespie/Hood, Anne or Fred
400 Springfield Road
Leaking UST Incident No
. 991589,
Leaking UST FISCAL FILE
Dear Mr. Hood ;
CERI1ilEED MAIL #
7004'25111
0001 8623
6287_
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
111 . Adm
. Code 732, Subpart F
. This information is dated November 17, 2006 and was received
by the Agency on December 28, 2006
. The application for payment coven
: the period from June
1, 2005 to August 31, 2006
. The amount requested is $13,909
.53.
The deductible amount for this claim is $15,000
.00, which was previously leducted from the
billing submittal received by the Agency on February 14, 2000 for $102,885
.87. 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 December 28, 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 $3,647
.60 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 paymentt 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(i) and Section 40 of the
)Let by filing a
petition for a hearing within 35 days after the date of issuance of the final d cision .
However,
the 35-day period may be extended for a period of time not to exceed 90 days by written notice
ROCYFlxn-4302
North Main Stmt Rockford, IL 61103 -(815) 987,7760
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EaM-595 South State, Elgin, IL60123-(847)608-3131
• PecaIA-5415 N . UniversitySt .,Peoria.II.61614-(305)693-5463
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• ClWAPAIGN-2125 South FIM51reetChampalfn,IL01820-(277)276-5600
SptNV Itw- 4500 S
. Sixth Sn¢N
Rd ., Springfield, IL 62706- (217) 7866892 •
Cow,av,ue- 2009 Mall Siee1, Call nsville, IL 62234 -(618) 346-5120
MMroN- 2309 W . Main St ., Suite 116, Marion, IL 62959 -(618) 993-7200
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from the owner or operator and the Illinois EPA within the initial 35-day z
.ppea7 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 at 2171782-6762 .
Dougl
Oakley, Manager
Lc ng UST Claims Unit
Planning & Reporting Section
Bureau of Land
DEO :SB :bjh10724111 .doc
Attachment
cc : CW3M Company
P
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'w2F ,F:TVFD
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9 2007
Attachment A
Accounting Deductions
Re:
LPC #1170405017--Macoupin County
Gillespie/Hood, Anne or Fred
400 Springfield Road
Leaking UST Incident No . 991589
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
$9,325
.63, deduction for corrective action costs for personnel 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 M . Adm
. Code 732 .606(hh).
Deduction for costs for personnel
costs that are inconsistent with the assoc : ated technical
plan
. One of the overall goals of the financial review is to assure that costs . associated
with materials, activities, and services shall be consistent with the associated technical
plan. Such costs are . ineligible for payment fi-om
the Fund pursuant to Section
57 .7(c)(4)(C)
of the Act and 35 111 . Adm . Code 732 .505(c) .
The total amount approved in the HP budget for Reimbursement Claim Preparation for
personnel costs if $9,400 .00. Approximately $7,600 .00 has already been r.imbursed by
personnel costs for UST Fund Reimbursement Claim Preparation is previous HP claims .
A deduction of $9,325 .63 is being made for personnel costs associated wifa UST Fund
Reimbursement Claim Preparation
. The costs are unreasonable and inconeastent with the
technical plan.
2 .
$936.30,
deduction for corrective action costs for copies 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 D1. Adm . Code- 732 .606(hh) .
Deduction for costs for copies that are inconsistent with the associated technical plan .
One of the overall goals of the financial review is to assure that costs associated with
materials, activities, and services shall be consistent with the associated technical plan
.
Such costs are ineligible for payment from the Fund pursuant to Section 5'7
.7(c)(4XC) of
the Act and 35 Ill . Adm . Code 732 .505(c) .
The amount of $936.30 is being requested for 9,363 copies for US I Fund
Reimbursement Claim . This is unreasonable and inconsistent with the technical plan
.
JUN-OT-.?O07
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There are approximately 65 pages in this claim
. The Agency only requires an original of
the reimbursement
requests.
The total number o f copies approved in the HP budget for Reimbursement Claim
Preparation is 1,500
. These copies have already been reimbursed f 3r UST
Reimbursement Claim Preparation in previous HP claims
. A deduction of 3936 .30 is
being made for UST Fund Reimbursement Claim copies
.
$10,261 .93
Total Accounting, Deductions
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LEGAL
BARNES ÞBURG LLP
(312)
Caenhn
Email
214-8301chose®hrlav
S
. Hcsse
con,
VIA FACSIMILE & FEDERAL EXPRESS
Mr .
William Ineersoll
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P .O . Box 19276
Springfield, Illinois 62794-9276
Re :
LPC n I'70405017
- Macoupin County
Gillespie i Hood, Anne or Fred
400 Springfield Road
LUST Incident #991589
Dear Bill :
Barnes &T hornburg
Chicago
Elkhart
Fort Waync
Grand Rapids
Indianapolis
South B,nd
,tu111e 7, 2008
P
.02/08
Q002/008
s
One
re
North
4400Wacker
Drive
Chicago,
(112) 357-1317IL
60606-2833 U~ 5 A .
Fix (312) 759-5646
On May 8, 2007, the Agency issued a letter with respect to the above referenced LUST
Incident
. While this letter was received by the Hood's consultant on Msy 9, 2(07
. it is my
understanding that the letter was received by Mr
. Hood on May 19, 2007
. Thus, the appropriate
deadline for filing the appeal is June 25, 2007
. A copy of the letter and the United State Postal
Service Track and Confirm printout are attached .
The consultant for the Hoods, CW
3 M, has submitted an amended budget and believes
that, based upon discussions with you and others at the Illinois Environmental Protection Agency
and for other reasons, that we will be able to resolve the issues raised in the IEPA letter
.
However
. we believe that we
,,will
not be able to resolve these issues by the deadline for filing an
appeal of these issues to the Illinois Pollution Control Board
. Thus, this is a request for a 90 day
extension pursuant to the Illinois Environmental Protection Act, Section =
.0(a)()) and 35 IAC
105
.406 to allow us the needed time to continue these discussions and to try to resole the issues
.
Earlier today we discussed this request for a time extension and agreed tc such a time
extension
. If for any reason the Agency will not seek the 90 day extension, please notify me no
Washington, D .C-
JUN-07-2007 16
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LEGAL
Nit
. AVilliam in
, orsoII
June 7, 2007
Paec 2
later than the close of business on Tune 12, 2007
. so that I may file the appropriate at peals to the
Board
. if you hav c and,
questions or comments, please do not hesitate to contact me_
Sincerely yours,
BARNES & THORNBURG
Barnes&Thornburg
Carolyn S
. Hesse
CSl-I mr
Enclosure
cc
:
William Sinnott
Carol L
. Rowe
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Z003/008
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CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on June 8, 2007, 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
Carolyn S . Hesse
Illinois Pollution Control Board
Barnes & Thornburg, LLP
James R
. Thompson Center
One North Wacker Drive
100 West Randolph Street
Suite 4400
Suite 11-500
Chicago, IL 60606-2833
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)
