CLERK’S
OFFICE
OCT23
2008
John
Therriault,
Clerk
Illinois
Pollution
Control
Board
James
R.
Thompson
Center
100 West
Randolph
Street
Suite
11-500
Chicago,
IL 60601
Carolyn
S. Hesse
Barnes
& Thornburg,
LLP
One
North
Wacker
Drive
Suite
4400
Chicago,
IL
60606-2833
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
Melanie
A.
Jarvis
Assistant
Counsel
Division
of
Legal
Counsel
1021
North
Grand
Avenue,
East
P.O. Box
19276
Springfield,
filinois
62794-9276
217/782-5544
217/782-9143
(TDD)
Dated:
October
21,
2008
BEFORE
THE
POLLUTION
CONTROL
BOARD
OF
THE
STATE
OF ILLINOIS
HUFFMAN’S
SERVICE,
Petitioner,
V.
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
Respondent.
STATE
OF
ILLINOIS
ollton
Control
Board
PCBNojI*
)
(LUST
Appeal
— Ninety
Day
Extension)
)
)
NOTICE
1
CEUVE
CLERK’S
OFFICE
BEFORE
THE POLLUTION
CONTROL
BOARD
OF THE
STATE
OF
ILLINOIS
UC
232008
HUFFMAN’S
SERVICE,
)
Pollution
Control
Boa
Petitioner,
)
v.
)
PCBNo.68
ILLINOIS
ENVIRONMENTAL
)
(LUST
Appeal
-
Ninety
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,
pursuant
to
Section
40(a)(l)
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 December
18,
2008,
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:
1.
On
September
12,
2008
the Illinois
EPA
issued
a
final
decision
to
the
Petitioner.
(Exhibit
A)
2.
On October
20,
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
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
September
18,
2008.
(Exhibit
C)
3
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
ENVONMENTAL
PROTECTION
AGENCY,
Respondent
Melanie
A. Jarvis
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)
Dated:
October
21,
2008
This
filing
submitted
on
recycled
paper.
4
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
Co
A’/IL
P,fl.
Box
19276.
Scpao.
!tJOiS
627949276
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7t32-2B29
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C1-Itcco.
IL
60601
—
I31
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Ron
R.
8L1.cotricH.
GovERNo
Dc’ucL.\
P.
Scorr,
DIREcrOR
CERTIFIED
MAIL#
sP
1
7007
2560
0003
2086
i88
Huffrnan’s
Service
cdo
CWM
Co..
Inc.
Attn.
John
Hufthian
P.O.
Box
571
Carlinvilie,
illinois
62626
Re:
LPC
#0030105005
—
Aiexatder
Couni.y
TammsiHuffinan’s
Service
Front
&
Russell
Streets
Leaking
liST
Incident
No.
200711
18
SEP
1
9
2008
Claim
No.
53501
Leaking
liST
Fiscai
File
Dear
Mr.
Huffinan:
The
Illinois
Environmental
Protection
Agency
(Illinois
EPA)
has
completed
the
review
of
your
application
for
payment
from
the
Underground
Storage
Tank
(LIST)
Fund
for
the
above-
referenced
Leaking
LIST
incident
pursuant
to
Section
57.8(a)
of
the
illinois
Environmental
Protection
Act
(Act),
as
amended
by
Public.
Act
92-0554
on
June
24,
2002,
and
35
Illinois
Administrative
Code
734SubpartF.
This
application
for
payment
is
datedDecember
20,
2007
and
was
received
by
the
Illinois
EPA
on
December
31,
2007.
It
covers
the
period
from
August
1.
2007
to
November
30,
2007.
The
amount
requested
is
S
84,259.69.
As
a
result
of
the
Illinois
EPA’s
review
of
the
appUcaticn
tbr
payment,
a
vcucher
for
S
1,060.80
will
be
prepared
for
submission
to
the
Comptroller’s
Office
for
paytrent
as
hinds
become
availabl.e
based
upon
the
date
the
illinois
EPA
received
the
application
for
payment.
Subsequent
applications
for
payment
that
have
been
or
are
submitted
will
he
processed
based
upon
the
date
of
receipt
by
the
Illinois
EPA.
This
constitutes
the
Illinois
EPA’s
final
action
withregard
to
the
above
application
for
payment.
The
deductible
amount
of
S
10,000.00
was
withheld
from
your
payment.
Pursuant
to
Section
57.S(a)(4)
of
the
Act,
any
deductible,
as
determined
pursuant
to
the
Office
of
the
State
Fire
Marshals
eligibility
and
deductibility
final
determination
in
accordance
with
Section
57.9
of
the
Act,
iliall
he
subtracted
from
any
payment
invoice
paid
to
an
eligible
owner
or
operator.
ti
tit
<oktod.
IL
i
53
il
95-T;ii
j’
.
.
I4tho
it.
i
scit
-
s.’
GUth
Ciszn.
IL
-
J14
L)i
131
-
.t
‘..
St.
Pñ
IL
II3
-
!3c:
i4ñ
-
.
r
it..
a
si,i
ei
-‘-‘25
irt
Stree,
Charp,
r
tr’r.
I
tIR’.5,
IL
b2?3$
l
J$-!2I)
M..:,-
I’
:Mai
St.
Stt
116.
:i3r,
Li,259
I5
Eyk;f
A
P1louing
are
cot
that
are
not
approved
for
payment
and
the
reasons
the
costs
arc
not
anorr\
ed:
S
73,198.89
for
costs*
that
lack
supporting
documentation
and
justification.
Pursuant
to
35
UI.
Adm.
Code
734.605(b)(9),
application
for
payments
must
include
an
accounting
of
all
costs.
including
but
not
limited
to.
iuvoices
receipts
and
supporting
docurnetaon
showing
the
dates
and
descriptions
of
the
work
performed.
in.
addition.
reasonab]ei.iess
of
costs
cannot
he
determined
without
documentation.
Pursuant
to
7
34.630(ee).
costs
incurred
during
early
action
that
are
unreasonable
are
ineligible.
‘S
1,270.48
Direct
Push
Drilling.
S
49700.0ti
Reniediation
and
Disposal.
S
l2.224l
UST
Removal.
‘i’S
1
OMOO.00
Buildiiig
Derriolition.
2.
S
49,700.00
of
the
costs
in
#1
above
were
submitted
per
bidding.
In
order
ibr
the
bids
to
he
reviewed
pursuantio
35
[11.
Adm.
Code
734.g55,
a
breakdown
of
what
is
included
in
the
bid
and
what
specifi.c
costs
exceed
the
Subpart
H
rates
must
he
provided.
Justification
must
be
provided
to
document
why
the
bids
werenecessary
and
why
the
Subpatt
H
rates
could
not
be
met
for
this
project.
An
underground
storage
tank
system
owner
or
operator
may
appeal
this
decision
to
the
Illinois
Pol
urion
Control
Board.
Appeal
rights
are
attached.
if
you
have
any
questions
or
require
further
assistance,
please
contact
Valerie
Davis
of
my
staff
at
317-785-7492.
Sincerely.
Hernando
A.
Albarracin.
Mmiager
Leaking
Underground
Storage
Tank
Section
Division
of
Remediation
Management
Bureau
of
Land
H
AA
\‘
AD
Attachment.
Appeal
Rights
Leaking
UST
Clainis
Unit
Appeal
Rights
An
underground
.storage
tank
owner
or
operator
may
appeal
this
final
decision
to
the
Illinois
Pollution
Control
Board
pursuant
to
Sections
40
and
57.8(1)
of
the
Act
by
tiling
a
petition
for
a
hearing
within
35
days
aftnr
the
date
of
issuance
of
the
final
decision.
However,
the
35-day
reriod
may
be
extended
for
a
period
of
time
not
to
exceed
90
days
by
written
notice
from
the
o’vner
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
wttefl
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.
F:’r
intbnnation
regarding
the
filing
of
an
appeal,
please
contact:
Dorothy
Gunn,
Clerk
illinois
Pollution
Control
Board
State
of
Illinois
Center
100
WestRandoiph.
Suite
11-500
Chicago,
IL
60601
312/814-3620
F’r
information
regarding
the
filing
of
an
extension.
please
cOntact:
Illinois
Environmental
Protection
Agency
Division
of
Legal
Counsel
102!
North
Grand
Avenue
East
Post
Office
Box
19276
Springfield,
IL
6274-9276
21
7’732-5544
BARNES
&ThORNBURG
Suite
4400
One
North
Wacker
Drive
Chicago,
IL 60606.2833
U.S.A.
(312)
357-1313
V
V
Fax
(312)
759-5646
fl
,.:i
www.btlaw.com
I
cbti-w.
October 20, 2008
VIA
FACSIMILE &
FEDERAL
EXPRESS
& E-MAIL
Mr.
William
ingersoll
Illinois Environmental
Protection Agency
1021
North
Grand
Avenue
East
P.O.
Box 19276
Springfield,
Illinois
62794-9276
Re:
LPC
#0030105005
- Alexander County
Tamms
/ Huffman’s
Service
Front
&
Russell Street
Leaking
UST Incident No.
20071118
Claim
No.
53501
Leaking UST
Fiscal
File
Dear
Bill:
On
September 12, 2008, the
Agency issued a
letter with respect
to the
above
referenced
LUST
Incident.
The
letter
was delivered
on
September
18,
2008.
A copy
of the letter
and
USPS
Track
and Confirm
receipt are
attached.
CW
3
M
believes that,
based upon communications
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
40(a)(l)
and 35 IAC 105.406
to
allow us
the needed time to
continue
these
discussions
and to
try
to
resolve the issues.
Firt
Waync
Grand
Rapids
Indianapolis
South Bend
Washington,
D.C.
Mr. William
ingersoll
October
20.
2008
Page
2
Earlier
today
we
discussed
this request
for
a time
extension
and agreed
to such
a time
extension.
If
for
any reason
the Agency
will
not
seek
the 90
day
extension,
please
notify
me no
later
than
the
close
of
business
on
October
21, 2008,
so
that I may
file
the appropriate
appeal
to
the Board.
if you
have
any
questions
or comments,
please do
not
hesitate
to contact
me.
Sincerely
yours,
BARNES
&
THORNBURG
Carolyn
S.
Hesse
C’SH/jmr
Enclosures
cc:
William
Sinnott
Carol
L.
Rowe
Jeff
Weinhoff
BARNES
&Tl-IORNBURG
a
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&
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2560
0003
2086
1988
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2008, 8:46
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62626
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do
10/20/2008
•E;)ch
b*C
CERTIFICATE
OF
SERVICE
I, the
undersigned
attorney
at law,
hereby certify
that
on October
21,
2008,
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:
John
Therriault,
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
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)
2