V .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JOE'S MIDTOWN AUTO REPAIR,
Petitioner,
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent .
NOTICE
Dorothy Gunn
Clerk
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
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 ENVIRONME TAL PROTECTION AGENCY
ames G. Richardson
pecial Assistant Attorney General
Dated
: June 12, 2007
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
ORIGINAL
PCB
(LUST
07-Appeal
1q3
-Ninety Day
Extension)
Fred C . Prillaman
Attorney at Law
Suite 325
1 North Old Capitol Plaza
Springfield, Illinois 62701-1323
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVEDCL
URK'S OFFICE
JUN 14 2007
Pollution
STATE OF
Control
ILLINOISBoard
JOE'S MIDTOWN AUTO REPAIR,
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORIGINAL
BEFORE THE ILLINOIS POLLUTION CONTROL 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 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 23, 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 May 9, 2007, the Illinois EPA issued a final decision to the Petitioner
.
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 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 21, 2007 .
I
(LUST
PCB NoAppeal
. 07-
-
/q3
Ninety Day Extension)
CLERK
5
'S OFF
1=-IvI
f
JUN 14 2007
Pollution
STATE OFControl
ILLINOIS
Board
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
James G. Richar son
Special Assistant Attorney General
Dated: June 12, 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
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P.O. Box
19276, SPRINGFIELD, ILLINOIS 62794-9276-( 217) 782-3397
JAMES R . THOMPSON CENTER, 100 WEST RANDOLPH, SUITE
11-300, CHICAGO, IL 60601 -(312) 814-6026
217/782-6762
ROD R . BLAGOJEVICH, GOVERNOR
DOUGLAS P . SCOTT,
DIRECTOR
MAY
0 9 2001
Joe's Midtown Auto Repair
Attention
: Joe Warren
CSD Environmental Services, Inc .
Springfield, Illinois 62708-2736
Re: LPC #0110855048 -- Bureau County
Princeton/Joe's Midtown Auto Repair
1 South Main Street
Leaking UST Incident No. 982038
Leaking UST FISCAL FILE
Dear Mr . Warren :
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 23, 2006 and was received
by the Agency on January 10, 2007 . The application for payment covers the period from
December 21, 2004 to August 14, 2006
. The amount requested is $12,145 .39
.
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 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 January 10, 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 $2,078 .89 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(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
ROCKFORD-4302 North Main Street, Rockford, IL 61103-(815) 987-7760 • DES PIAINES-9511 W . Harrison St ., Des Plaines, IL 60016- (847) 294-4000
ELGIN-595 South State, Elgin, IL6D123-(847)608-3131
PLORIA-541SN
.University St .,Peoria, IL61614-13091693-5463
BUREAU OF LAND - PEORIA-7620 N
. University St., Peoria, IL 61614-(309) 693-5462
CHAA+PAIGN-2125 South First Street, Champaign, IL 61820-(217) 278-5800
SPRINGFIELD-4500 S
. Sixth Street Rd ., Springfield, iL 62706 -(217) 786-6892
• COLLINSVILLE-2009 MalI Street, Col I insvi Ile, IL 62234 -(618) 346-5120
MARION- 2309 W . Main St ., Suite 116, Marion, II . 62959-(618) 993-7200
PRINTED ON RECYCLE . PAPER
CERTIFIED MAIL #
7004 2510 0001 8623 6263
Page 2
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 Niki Weller of my
staff at 217/782-6762.
Dou
E. Oakley, Manager
Leaking UST Claims Unit
Planning & Reporting Sectio
Bureau of Land
DEO:NW:bjh\072423
.doc
Attachment
cc:
CSD Environmental Services, Inc .
Re: LPC #0110855048 --
Bureau County
Princeton/Joe's Midtown Auto Repair
1 South Main Street
Leaking UST Incident No. 982038
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 .
$66.50,
deduction for corrective action costs for personnel 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 Ill. Adm
. Code 732 .606(hh).
A deduction is being made in the amount of $66 .50
fro the Personnel costs . The Sr .
Professional Engineer was approved in the budget at the rate of $130
.00 per hour not
$137 .00 per hour.
DEO:NW:bjh\072424
.doc
Attachment A
Accounting Deductions
L
RECEIVED
CLURK'S
OFFICE
I
CERTIFICATE OF SERVICE
JUN 14 2007
Pollution
STATE OF
Control
ILLINOIS
Board
I, 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
first class mail of the United States Postal Service upon the persons as follows
:
Dorothy Gunn
Fred C . Prillaman
Clerk
Attorney at Law
Illinois Pollution Control Board
Suite 325
100 West Randolph Street, Suite 11-500
1 North Old Capitol Plaza
Chicago, Illinois 60601-3218
Springfield, Illinois 62701-1323
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
ames G. R
a dson
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)
3
