S7AETECOFEILLINOIS
LEOI:
V
IN
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR_
CLERK'S OFFICE
Pollution
Controlol
1 2 2008
Bo
ard
V.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
NOTICE
John Therriault
Assistant Clerk
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601-3218
Barry Sink
United Science Industries, Inc.
P.O. Box 360
Woodlawn, Illinois 62898
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 IINVIRONIVIENTAL PROTECTION AGENCY
VEACH OIL COMPANY,
Petitioner,
(UST
PCB 08-
Appeal
9 1
-- Ninety Day
Extension)
James G. Richa
Assistant Counsel
Dated: June 10, 2008
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BO
K'S
EIVED
OFFICE
JUN 1 2 2008
VEACH OIL COMPANY,
STATE OF ILLINOIS
Petitioner,
Pollution Control
Board
v.
PCB
(UST
No.
Appeal
08-
eri
– Ninety Day Extension)
ILLINOIS ENVIRONMENTAL
)
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, James G. Richardson, Assistant Counsel, and, pursuant to Section
40(a)(1) of the Illinois Environmental Protection Act (415 ILCS 5/40(a)(1)) and 35 III. 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 17, 2008,
or any other date not more than a total of one hundred twenty-five (125) days from the date of
e:-:elpt of the Illinois EPA's final decision. hi support thereof, the ts EPA respectfully
states as follows:
On May 13, 2008, the Illinois EPA issued a final decision to the Petitioner.
2.
On June 6, 2008, 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 15, 2008.
1
James G. ichardson
Assistant Counsel
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
Dated: June 10, 2008
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
ROD R. BLAGOJEVICH, GOVERNOR DOUGLAS P. SCOTT, DIRECTOR
217/782-6762
MN 1 3 2001
RECEI
VED
MAY 1 4
2098
egos,
CERTIFIED MAIL #
7007 0220 0000 0147 8758
Veach Oil Company
Attn: Southwest Bank, Acct. #0032713725
#2 Carlyle Plaza Drive
Belleville, IL 62221
Re: LPC #0030055036 -- Alexander County
Cairo/Merrick & Upshaw Service
1110 Washington
Leaking UST Incident No. 983195
Leaking UST FISCAL FILE
Dear Mr. Veach:
•
5-
40
4:49e3
A
,evi
te
..31,(1°471
.
orticiA
,,tr
l
eiceer .50Q
A 4, x.4,0, Age 514
d)
o
re/ /ecAti
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 October 16, 2006 and was received by
the Agency on October 31, 2006. The application for payment covers the period from March 1,
2004 to September 23, 2006. The amount requested is $13,317.36.
The deductible amount for this claim is $10,000.00, which was previously deducted from the
Invoice Voucher dated November 15, 1999. Listed in Attachment A are the costs which are not
being paid and the reasons these costs are not being paid.
On October 31, 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 $10,248.29 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
ROCKFORD - 4302 North Main Street, Rockford, IL 61103 - (815) 987-7760 •
DES PLAINES - 9511 W. Harrison St., Des Plaines, IL 60016 - (847) 294-4000
EtciN - 595 South State, Elgin, IL 60123 -1847) 608-3131 •
PEORIA -
5415 N. University St., Peoria, IL 61614 - (309) 693-5463
BUREAU or LAND PEORIA - 7620 N. University St., Peoria, 1161614-1309)693-5462
• CHAMPAIGN - 2125 South First Street, Champaign, IL 61820 - (217) 278-5800
SPRINCEtELD -
4500 S. Sixth Street Rd., Springfield, IL 62706 - (217) 786-6892 • COWNSVidf - 2009 Mall Street, Collinsville, IL 62234 - (618) 346-5120
MARION -
2309 W. Main St., Suite 116, Marion, IL 62959 - (618) 993-7200
PRINTED ON RECYCLED PAPER
Page 2
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 Catherine
S.
Elston
of my staff
at
217/782-6762.
Sincerely,
E.
7;t14
William Radlinski,
Katadet---
Manager
Planning and Reporting Section
Bureau of Land
EWR:CSE:mls\082339.doc
Attachment
cc:
LCU File
Cathy Elston
Attachment A
Accounting Deductions
Re: LPC #0030055036 -- Alexander. County
Cairo/Merrick & Upshaw Service
1110 Washington
Leaking UST Incident No. 983195
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.
$1,963.08, deduction for costs that lack supporting documentation. Such costs are
ineligible for payment from the Fund pursuant to 35 III. 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(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.
Investigation costs for August 21, 2006 through September 23, 2006 do not have backup
invoices - $1,555.00.
Analysis costs for August 21, 2006 through September 23, 2006 do not have backup
invoices - $356.68
Field purchases for August 21, 2006 through September 23, 2006 do not have backup
invoices - $51.40
2.
$1,105.99, 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).
Personnel costs exceeded the approved budget.
CSE:mls/0823310. doc
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on June 10, 2008 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:
John Therriault
Assistant Clerk
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601-3218
Barry Sink
United Science Industries, Inc.
P.O. Box 360
Woodlawn, Illinois 62898
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
James? sob
Assistant Counsel
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