S&D

REALTY,

INC.,

)

Petitioner,

)

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY.

PCBO9-

)

(LUST

Appeal

— Ninety

Day

)

Extension)

REcgy

CLEFç

OFFICE

NOV

20

2008

oI1utjo,i

STATE

OF

Control

ILLINOIS

Board

John Therriault

Assistant

Clerk

Illinois

Pollution

Control

Board

100

West Randolph

Street,

Suite

11-500

Chicago,

Illinois

60601-3218

Sana’a

Hussien

Law

Offices

of Cohen

& Hussien

6901 West

1

th

Street

Worth,

Illinois

60482

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

ENVIRONMJSLTL PROTECTION

AGENCY

/

/

(ames

G.

Rittt1son

\

)ssistant

Counsel

Dated:

November

18,

2008

1021 North

Grand

Avenue

East

P.O. Box

19276

Springfield,

Illinois

62794-9276

217/782-5544

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

V

Respondent.

)

)

NOTICE

THIS

FILING

IS

SUBMITTED

ON RECYCLED

PAPER

---

c11VED

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

ERK

S

OFFICE

NOV

S&D

REALTY,

INC.,

)

STATE

OF

Petitioner,

)

ollution

Control

Board

)

v.

)

PCB

No.

09-

)

(LUST

Appeal

—

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

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 February

16,

2009,

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

October

10, 2008,

the

Illinois

EPA

issued

a final

decision

to the

Petitioner.

2.

On

November

18,

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

October

14,

2008.

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

/N\

f\

Jhmes

G.

Richardson

)ssistant

Counsel

Dated:

November

18,

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

---

NOV—18—2008

09:54

DLC

LELIRL

P.03/OS

11/18/2008

11:3?

FAX

708

381

420?

COHEN

S

HUSSIEN,

PC

003/008

ILLINOIS ENVIRONMENTAL

PROTECTiON

AGENCY

1021

NORTH

GRAND

AVENUE

EAST,

P.O.

Box

19276,

SPRINGFIELD,

ILL1NO1S

62794-9276—(217)

782-3397

JAMES

R.

THOMPSON

CatrEa,

100

WsT

RANDOLPH,

SuITE

11-300.

CHICAGO,

IL

60601

—(312)

814-6qG

ROD

R.

SLAGOJEVICH,

GOVERNOR

DouGlAs

P.

SCOTT,

DIRECTOR

217/782-6762

CERTIFIED

MAIL

#

DCI

1

0

2068

0002 3213

2101

—

S&D Realty

Attention:

Samer

Khatib

3935 South

Archer

Avenue

Chicago,

Illinois

60632

Re:

LPC

#0316575053

--

Cook

County

Chicago/Mobil

Gas

&

Mini

Mart

3935

South

Archer Avenue

Leaking

UST

Incident

No

20050020

Claim

No.

54597

Leaking

UST

FISCAL

FILE

Dear

Mr.

Kliatib:

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

June

13,

2008 and

was

received

by

the

Agency

on

June

27,

2008. The

application

for

payment

covers

the

period

from

January

8,

2005

to

April

18,

2005.

The

amount

requested

is

$153,801.58.

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

th

costs

that

are

not

being

paid

and

the

reasons

these

costs

are

not

being

paid.

On

June 27,

2008,

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

$38,240.00

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

beenlare

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,

RocIunIlD

—

4302

North

Main

Street,

Rncklord,

II.

61)03

—

(815)

907-7760

•

Drs

PLAINCS

—9511

W.

Harrison

St.

Des

Plainea.

IL

60016

(8471

294.4000

FI’;IN

—

595

South

State,

Elgin

IL

60123—

(8471

608-3131

•

Pccwtn

—5415

N.

UnIversity

SI.,

Peoria,

IL

61614

(3091

691.5403

•

BuILLAu

UI

I

ANn

- I’I,IILIA

—

7620

N.

Unlvt’rsily

St.,

Pourla,

IL

61616

—13001

93.5462

•

CHAMI’AIFJN

—

2125

South

FIrL

Street,

Champaign,

IL

61020—

(217)

278-58(10

SPRINL;HND

--

a5Q)

S.

Sixth

Street

Rd.,

Springfield,

IL

1,2706

—(217)

706-6892

•

COLLINSYILLE

—

2009

MalI

Street,

Collinsvillo.

IL

62234—16181

346-5120

MAXIL4N

—

2309

W.

Main

SI.,

SuIlti

116,

M.irinn,

IL

624)59—1618)

993.7200

PRINTFn

(V’4

RrcvrLrQ

PAPFI1

---

t4UViJ

J•

Dq

L)L

LLHL

h.

U4/U

11/18/2008

11:37

FAX

708

361

4207

COHEN

S

HUSSIEN,

PC

004/00S

Page

2

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

thø

request

for

an

extension,

please

contact:

Illinois

Environmental

Protection

Agency

Division

of

Legal

Counsel

1021

North

Grand

Avenue

East

Springfield,

Illinois

627949276

217/782-5544

For

information

regarding

the

filing

of

an

appeal,

please

contact:

Illinois

Pollution

Control

Board,

Clerk

State

of

Illinois

Center

100

West

Randolph,

Suite

11-500

Chicago,

Illinois

60601

312/814-3620

If

you

have

any

questions

or

require

further

assistance,

please

contact

Catherine

S.

Elson

of

my

staff

at

217/782-6762.

Sincerely,

E.

William

Radlinski, Manager

Planning

and

R.eporting Section

Bureau

of

Land

EWR:CSE:bjh\08851 .doc

Attachment

cc:

Laion,

Inc.

LCU

File

Cathy

Elaton

---

ritjv

AL CXJ’JO

t32

L)L..L.

LCUflL_

r

U..)7 tI

11/18/2008

11:38

FAX

708

381

4207

COHEN

&

HUSSIEN,

PC

005/008

Attachment

A

Accounting

Deductions

Re:

LPC

#

0316575053

— Cook

County

Chicago/Mobil

Gas

&

Mini

Mart

3935

South

Archer

Avenue

Leaking

UST Incident

No.

20050020

Claim

No.

54597

Leaking

liST

Fiscal

File

Citations

in

this

attachment

are from

the

Environmental

Protection

Act

(Act),

as

amended

by

Public

Act

92-05

54 on

June

24,

2002,

and

35 Illinois

Administrative

Code

(35 Ill.

Adm.

Cede).

Item

#

Description

of Deductions

1.

$

13,34008,

deduction

for

costs

for removal,

disposal,

or

abandonment

of

UST

if

the

tank

was removed

or

abandoned,

or permitted

for removal

or

abandonment,

by

the

Office

of the

State

Fire

Marshal

before

the owner

or

operator

provided

notice

to

Illinois

Emergency

Management

Agency

of

a

release

of

petroleum.

Such costs

are

ineligible

for payment

from

the

Fund

pursuant

to Section

57.8(k)

of the

Act

and

35.

Ill.

Ada

Code

734.630(k).

Costs

for

tank

removal

costs

are

not eligible

for

reimbursement.

2.

$98,760.00,

deduction

for

costs

which lack

supporting

documentation.

Such

costs

are

ineligible

for

payment

from

the

Fund

pursuant

to

35

IlL

Mm.

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.

Remediation

and disposal

costs

do

not

have

backup

invoices

for backfill

costs,

overburden

costs,

permit

costs

in

the

amount

of

$46,960.00.

Paving

and demolition

costs

do

not have

backup

invoices

for

concrete

removal

and

replacement,

and

the

dismantling

and

reassembling

of

gasoline

pumps

in the

amount

of$51;SOQ00.

EWR:CSE:bjh\08852.doc

---

NUL)—18--2Ø8

09:54

DLC

LEGAL

P.06/09

11/18/2008

11:38

FAX

708

381

4207

CIJHEN

&

HUSSIEN,

PC

009/008

Notice

to

Owjiers

or

Operators

ofLeakiflUndergroundStora2e

Tank Sites

andj

CjJn$.SubmItting

Requests

on_Behalf

of

Owners

or

operators

for

Payment

From

the

Illinois

Underground

Storagefank

Fund

Section

57.8

of

the

Environmental

Protection

Act

states:

“.......

An

owner

or

operator

may

submit a

request

for

partial

or

final

payment

regarding

a

site

no

more

frequently

than

once

every

90

days.”

35111.

Adm. Code

732.601

e)

and

734.605

e)

state:

“Applications

for

partial

or

final

payment

may

be

submitted

no

more

frequently

than

once

every

90

days.”

Effective

August

1,

2008,

any

request

for

payment

covered

under

these above

provisions

that

is received

by

the

Agency

less

than

90

days

from

the

receipt

of

a

previous

request for

payment

at

the

same

site, will

be

automatically

rejected and

the

owner

or

operator

will

be

notified

of

such

rejection.yrejected

request

for

payment

must

be

resubmitted,

as

a

p!ete

package,

to

the

or

in

acordane

with the

aBVt

edieis1aXi’e

and

regulatory

provisions.

Any

request

for

partial

or

final

payment,

that

contains

information

which

addresses

denied

costsyjI

be

deemed

a

new

request

subject

to

the

leg

ala

fviàid

regulatory

provisions

stated

above.

Stiest

iybT1Drnrneà

as

pfrofäiiiier

or

by

itselC

All

requests for

payments

must

be

either

mailed

or

delivered

to

the

Agency.

(rev.

7/16/08)

---

JiLL.,

L..tLiHL.

‘JOt/lOS

11/18/2008

11:38

FAX

708

381

4207

COHEN

&

HUSSIEN,

PC

I007/008

Attachment

A

Re:

LPC#03l6575053--CookCounty

Chicago/S

amer

Khabit

3935

S.

Archer

Ave.

Leaking

UST

Incident

No.

20041421

and

20050020

Leaking

UST

Technical

File

SECTION

1

As

a

result

of

Illinois

EPA’s

modification(s)

in

Section

2

of

this

Attachment

A,

the

following

amounts

are

approved:

$0.00

Drilling

and

Monitoring

Well

Costs

$0.00

Analytical

Costs

$57,383.05

Reinediation

and

Disposal

Costs

$10,005.06

UST

Removal

and

Abandonment

Costs

$6,957.77

Paving,

Demolition,

and

Well

Abandonment

Costs

$12,720.00

Consulting

Personnel

Costs

$0.00

Consultant’s

Materials

Costs

Handling

charges

will

be

determined

at

the

time

a

billing

package

is

reviewed

by

the

Illinois

EPA.

The

amount

of

allowable

handling

charges

will

be

determined

in

accordance

with

Section

57.8(f) of

the

Environmental

Protection

Act (Act)

and

35

Illinois

Administrative

Code

(35

Ill.

Adm.

Code)

734.63

5.

SECTION

2

L

The

overburden

removal

and

replacement

rate

has been

reduced

to

$688

per

cubic

yard.

The

costs exceed

the

maximum

payment

amounts

set

forth

in

Subpart

H,

Appendix

D,

and/or Appendix

B

of

35

111.

Adm.

Code

734. Such

costs

are

ineligible

for

payment

from

the

Fund pursuant

to

35

Ill.

Adrn. Code

734.630(n).

In

addition,

such

costs

are

not

approved

pursuant

to

Section

57.7(c)(3)

of

the

Act

because

they

are

not

reasonable.

2.

The

free

product

removal

and

disposal

rate

has

been reduced

to

$0.72

per

gallon.

The

costs exceed

the

maximum

payment

amounts

set

forth

in

Subpart

H,

Appendix

D,

and/or

Appendix

U

of

35

III.

Ada

Code 734.

Such costs

are

ineligible

for

payment

from

the

Fund

pursuant

to

35

111.

Ada

Code 734.630(n).

In

addition,

such

costs are

not

approved

pursuant

to

Section

57

.7(c)(3)

of

the Act

because

they

are

not

reasonable.

---

CERTIFICATE

OF

SERVICE

I, the

undersigned

attorney

at

law, hereby

certify

that on

November

18,

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

60601-32

18

Sana’a

Hussien

Law

Offices

of

Cohen

&

Hussien

6901

West

1

th

Street

Worth,

Illinois

60482

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

istant Counsel

ivision

of

Legal Counsel

1021

North

Grand

Avenue

East

P.O.

Box

19276

Springfield,

Illinois

62794-9276

217/782-5544

217/782-9143

(TDD)

3