BIG TONY'S LOUNGE,
)
Petitioner,
)
v.
)
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 12, 2007
RECEIVEDCLERK'S
OFFICE
BEFORE THE POLLUTION CONTROL BOARD
JUN 1 4 2007
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
Pollution
STATE OF
Control
ILLINOISBoard
PCB No . 07-
(LUST Appeal 1-
Ninety
y
Day Extension)
RECEIVEDCLHRK'S
OFFICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE
OF ILLINOIS
JUN 1 4 2007
BIG TONY'S LOUNGE,
STATE OF ILLINOIS
)
Pollution Control Board
Petitioner,
)
v .
)
PCB No
. 07-
I
ILLINOIS ENVIRONMENTAL
)
(LUST Appeal
- inety Day Extension)
PROTECTION AGENCY,
)
Respondent.
)
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 11, 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 :
On May 10, 2007, the Illinois EPA issued a final decision to the Petitioner
.
(Exhibit A)
2 .
On June 11, 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 14, 2007 . (Exhibit C)
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
: June 12, 2007
This filing submitted on recycled paper .
2
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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AvENUE EAST,
P.O . Box
19276, SPRINGFIELD, ILLINOIS 62794-9276 - 1
217) 782-3397
JN4ES R
. T ECMPSON CENTER, 100 WEST RAND0LPH,
SUITF 11-300, CHICAGO, It 60601 -
(112) 811.-6026
ROD R
. BLAGO)EVICH, GOVERNOR
DOUGLAS P . SCOTT,
DIRECTOR
217/782-6762
CERTIFIED MAIL
.
MAY 1 0 2007
Mr . Robert Thompson
R . R
. # 1, Box 333
Cairo, 11, 62914
Re: LPC #0030055049
-- Alexander County
Cairo/ Big Tony's Lounge
Rt
. 51 North
LUST Incident No
. 20020881
LUST Technical File
7004
2510
0001
8616 3163
RECEIVED
MAY 1 1 2007
BY:
Dear Mr
. Thompson :
The Illinois Environmental Protection Agency (Illinois EPA) has reviewer the Corrective Action
Plan Budget (budget) submitted for the above-referenced incident
. This budget, dated March 21,
2007, was received by the Illinois EPA on March 21, 2007
. Citations in this letter are from the
Environmental Protection Act (Act), as amended by Public Act 92-0554 o
:i June 24, 2002,
and
35 Illinois Administrative Code (35 Ill . Adm
. Code) .
The budget is rejected for the reason(s) listed below (Sections 57,7(b) and 57,7(c) of the Act and
35 Ill . Adm. Code 734
.505(b), 734
.510(a) and 734,510(b)) ;
1 .
The budget includes costs that lack supporting documentation
.
Sucheosts are ineligible
for payment from
the Fund pursuant to 35 111
. Adm
. Code 734,630(cc) .
Since there is no
supporting documentation of costs, the Illinois
EPA cannot determ
: .ne 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(c)(3)
of the Act because they may be used for
site
investigationn or corrective action activities in
excess of
those required to meet the minimum requirements of Tid
., XVI of the Act .
2.
The budget includes corrective action costs for Excavation, Transportation, Disposal and
BacUll that are not reasonable as submitted
. Such costs are ineligible for payment from
the Fund pursuant to
Section 57 .7(c)(3) of
the Act and 35 111 . Adm . Code 734
.630(dd) .
RO<l0RO-4302 North Mail, Street, Rockfc«1, I) 61103 -16151987-7760 •
Or,
RNNI5-9511 W
. Hart15on St, Dc, Plaints, IL 60016-(647) 794-4000
EwN-595 South State, Hgin, IL 50123-(847)608-3131
PECUA-5415 N . University St ., Pboria, IL 61614 -(303) 693-5463
aUUAUOrLAND-PEORIA -7620 N .UniveritySt .,Penn a,IL61614-(309)693-5462 •
CHAWAIGN-2125Soul 6FirStSueH .Champaign,IL61320-(217)278-5800
Sn,Ncnnn-4500 5 .5,nth Street Rd., Sprir
. field, IL 62706 -(21 71 7866892
COLLINSYILtf - 2009 MaII Street, Col in iville, IL 1122
.34-(618) 346-5120
MARION-2309 W. Main St
., Suite 116, Marion, IL 62959-(618) 993-7200
PRINIEDON RFcvarn PAPtt
Exh ;
b;+
A
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A detailed time and materials cost breakdown is required from each bidder to
demonstrate they are qualified and able to perform the work being bid puruant to 35 Dl
.
Adm . Code Section 734,855(a) . This information should include t time aid materials
breakdown of all subcontractors costs as well .
3 .
The budget includes costs requested that are based on mathematical errors . Such costs
are ineligible for payment from the Fund pursuant to 35 III . Adm . Code 734 .630(bb), In
addition, such costs are not approved pursuant to Section 57 .7(c)(?';) of the Act because
they are not reasonable .
Based on a April 17, 2007 telephone conversation between Dave Myers of the Illinois
EPA and Jeff Wienhoff of CW3M, postage associated with distribution of a
reimbursement claim should have been $5 .00 rather than $8500 .00 .
4 .
The budget includes site investigation or corrective action costs far latex gloves that are
not reasonable as submitted . Such costs are ineligible for payment from the Fund
pursuant to Section 57
.7(c)(3) of the Act and 35 111 . Adm . Code 734 .630(dd) .
Costs associated with disposable latex gloves ($12 .00) appear twice under Consultant's
Material Costs .
Pursuant to Sections 57
.7(b) and 57 .12(c) and (d) of the Act and 35111 . Ac'm . Code 734 .100 and
734.125, a budget must be submitted within 30 days of the date of this letter to :
Illinois Environmental Protection Agency
Bureau of Land -
#24
Leaking Underground Storage Tank Section
1021 'North Cmtnd Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
Please submit all correspondence in duplicate and include the Re : block shown at .he beginning
of this letter .
An underground storage tank system owner or operator may appeal this decision to the Illinois
Pollution Control Board . Appeal rights are attached .
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If you have any questions or need further assistance, please contact Dave Myers at 217/785-7491
.
06/11/2007 16 :09 FAX 3127595646
Barnes&Thornburg
Sincerely,
4'
Thomas A . Henning
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
TAH:dm: CamCAP BUDden.doc
C:
CW3MCompany, Inc.
BOL File
RECETVED
MAY 11 2007
BY :`~`-
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Appeal Rights
An underground storage tank owner or operator may appeal this final dec sion to the Illinois
Pollution Control Board pursuant to Sections 40 and 57
.7(c)(4) of the Acl 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 owner or
operator wishes to receive a 90-day extension, a written request that incluies 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, IL 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
Post Office Box 19276
Springfield, IL 62794-9276
217/782-5544
JUN-11-2007 16 :1a
DLC LEGAL
06/11/200 7 16 :09
FAX 3127595646
BARNES Þ BURG LLP
Carolyn S . Hesse
(312)214 .8301
Email& chewQNij,,con
NIA FACSIMILE & FEDERAL EXPRESS
Mr. William Ingersoll
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P
.O
. Box 19276
Springfield, Illinois 62794-9276
Re:
LPC 0030055049
- Alexander
Cairo / Big Tony's Lounge
Route 51 North
LUST Incident #20020881
Dear Bill :
On May 10
. 2007, the Agency issued a letter with respect to the above refe-enced LUST
incident. While this letter was received by Mr
. Thompson's consultant oil May It, 2007, it is
my understanding that the letter was received by Mr
. Thompson on May 14, 200? . Thus, the
appropriate deadline for filing the appeal is June 19, 2007
. A copy of the letter and the United
State Postal Service Track and Confirm printout are attached
.
Based upon discussions with you and others at the Illinois Envi-onmemal Protection
Agency and for other reasons, we believe that we will be able to resolve the issues raised in the
1EPA 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 40(a)(I)
and 35 IAC 105.406
to allow us the needed time to continue these disc issions and to try to
resolve the issues .
Elkhan
For, Ww e
Barnes&Thornburg
Sulre 4400
One North Wacker Drive
Chicago,
(312) 357-1313IL
60606.2833 U.A.
.S
Fax (312) 759-5646
wwwbrlaw.ccm
tune I 1
. 2007
Grind Rapids
Indianapolis
S,wh Real
:Y'ashinptuu, 1) .C .
~xk161+13
P .02/08
Z002/008
JUN-11-2007 16 :10
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16
:09 FAX 3127595646DLC
LEGAL
P
.03/00
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1&003/008
Mr. William Ingersoll
June 11
. 2007
Page 2
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 inc no
later than the close of business on June 14, 2007, so that I may file the appropriate appeals to the
Board
. If you hay c any questions or comments, please do not hesitate to cot tact me
Sincerer yours,
BARNES & THORNS. RG
ors, .,
Carolyn S
. Hesse
C'SH Jim'
Enclosure
cc :
William Sinnott
Carol L Rowe
SUN-11-2007 16 :11
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CERTIFICATE OF SERVICE
1, the undersigned attorney at law, hereby certify that on June 12, 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)
