ames G. Richardson
ssistant Counsel
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD RECEIVED
JU N 2
3 2008
STATE OF ILLINOIS
Pollution Control Board
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 ENVIRONMENTAL PROTECTION AGENCY
KNAPP OIL COMPANY, INC.,
Petitioner,
PCB 08- q
(UST Appeal – Ninety Day
Extension)
Dated: June 19, 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 BomuReceiven
CLERK'S
OFFICE —
KNAPP OIL COMPANY, INC.,
Petitioner,
)
)
1
JUN 2 3 2008
Pollution
_STATE
OF
Control
ILLINOISBoard
v.
)
PCB No. 08-
(UST Appeal – inety
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 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 26, 2008,
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 22, 2008, the Illinois EPA issued a final decision to the Petitioner.
2.
On June 9, 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 24, 2008.
1
es G. Richardson
istant 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 19, 2008
I 021 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
-
4 ,7-,•"
-
floe Jo Ptemitir4 -
u
s:
cee,„0.
/47.5/-?4 -
z36_1,
•
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND AVENUE EAST,
PC.
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
RECEIVED
NAY
2,2008
WV 2 2?
BY:
Alit//
CERTIFIED MAIL #
700 7
oaao (too on7
Knapp Oil Company
Attn: Rick Forth/Southwest Bank/Commercial Lending
Jennifer Vescogni, Acct. #0032713725
#2 Carlyle Plaza Drive
Belleville, Illinois 62221
Re: LPC #1450105058 -- Perry County
DuQuoin/Knapp Oil Company
217 East Franklin
Leaking UST Incident No. 20031670
Leaking UST FISCAL FILE
Dear Mr. Forth:
JLT-cr
4°
4.1I
e/tts. 4
.A
^'
/.
9
.2
4
707
1
, 7- 7):
.$47 cla
1
775-
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. Mm. Code 732, Subpart F. This information is dated January 31, 2007 and was received by
the Agency on February 2, 2007. The application for payment coven the period from June 1,
2006 to January 5, 2007. The amount requested is $15,888.39.
The deductible amount for this claim is $10,00(100, which was previously deducted
from
the
billing submittal received by the Agency on March 15, 2004 for $46,037.67. 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 February 2, 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 $15,183.6211 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.
ROCcrom7 - 4302 North Main
Street, Rockford, IL 61103 - (815) 987-7760 •
DES PLAINES - 9511 W. Harrison St., Des Plaines, IL 60016 - (847) 294-4000
ELGIN -
595 South State, Elgin, IL 60123 -1847) 608-3131 •
PEORIA -
5415 N. University
St.,
Peoria, IL 61614 - (309) 693-5463
BUREAU OF
L•rto - PEORIA -
7620 N.
University St., Peoria, IL 61614 - (309)693-5462•
CHAMPAIGN - 2125 South First Street, Champaign, IL 61820 - (217) 278-5800
SPRINGFIELD -
4500
S. Sixth Street
Rd., Springfield, IL
62706 - (217) 786-6892 • COLLINSVILLE - 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
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 Niki Weller of my
staff at
217/782-6762.
Sincerely,
AA
-La1.4--
E. William Radlinski, Manager
Planning and Reporting Section
Bureau of Land
EWR:NW:mls\082253.doc
Attachment
cc: puked Science Indugnien,
LCU File
Niki Weller
Attachment A
Accounting Deductions
Re: LPC #1450105058 -- Perry County
DuQuoin/Knapp Oil Company
217 East Franklin
Leaking UST Incident No. 20031670
Leaking UST FISCAL FILE
Citations in this attachment are from the Environmental Protection Act (Act), as amended by
Public Act 92-0554 on June 24, 2002, and 35 Illinois Administrative Code (35 M. Adm. Code).
Item #?
Description of Deductions
$704.77
1.
?
Deduction for costs for analysis, which lack supporting documentation. Such costs
are ineligible for payment from the Fund pursuant to 35 M. Adm. Code 734.630(cc).
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)(3) of the Act because they may be used for
site investigation or corrective action activities in excess of those required to meet the
minimum requirements of Title XVI of the Act.
Deduction for site investigation or corrective action costs for analysis 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 M. Adm. Code 734.630(dd).
A deduction is being made in the amount of $38.00 from the analysis costs. The F-1
and F-2 pages totaled $1,635.77 and the requested amount is $1,673.77. Difference
of $38.00.
-A deduction is being made in the amount of $666.77 from the analysis costs.
Invoices submitted:
$309.00 invoice 90469 Teklab
$240.00 invoice 92009 Teklab
$250.00 invoice 1-2299 Holcomb
$170.00 invoice 89376 Teklab
—)?
$38Mri.uvoice
89376 Teklab, did not request on the F-1 andF-2npages.
•
ht- Si- 4.j Mcnie
‘j?
Us,
to?
5 0..)“,-
.1 At d
te C off t
e?
Gin /at
NW:m1s/082254.doc
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on June 19, 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 ENVIRO MENTAL PROTECTION AGENCY
mes G. Ric ardson
ssistant 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