BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
J.I. CORPORATION
)
Petitioner,
)
v.
)
PCB No. 09-
ILLINOIS ENVIRONMENTAL
)
(LUST Appeal – Ninety Day Extension)
PROTECTION AGENCY,
)
Respondent.
)
NOTICE
John Therriault, Acting Clerk
Jamal Chaudhary
Illinois Pollution Control Board
J.I. Corporation
James R. Thompson Center
171 South Appleton Road
100 West Randolph Street
Belvidere, Illinois 61008
Suite 11-500
Chicago, IL 60601
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, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: February 18, 2009
* * * * * * * * PCB 09-63 * * * * * *
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on February, 18, 2009, 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, Acting Clerk
Jamal Chaudhary
Illinois Pollution Control Board
J.I. Corporation
James R. Thompson Center
171 South Appleton Road
100 West Randolph Street
Belvidere, Illinois 61008
Suite 11-500
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL 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)
* * * * * * * * PCB 09-63 * * * * * *
BEFOREOF
THE
THEPOLLUTION
STATE
OF
CONTROLILLINOIS
BOARD
EB
2020
9
SThTE
OF
ILLINO,8
J.I.
CORPORATION
)
UhOfl
Control
Board
Petitioner,
)
v.
)
PCB
No.
09-
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
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
June 5, 2009,
or any
other date not more than
a total
of
one hundred twenty-five
(125)
days from the
date
ofservice of
the Illinois EPA’s final
decision.
In support thereof,
the Illinois
EPA
respectfully
states
as
follows:
1.
On
January
30, 2009,
the Illinois EPA
issued
a final
decision to
the
Petitioner.
(Exhibit A)
2.
On February 3,
2009, 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.
Tracking
information from the
Certified
Mail
number
on the
final
decision indicates
the
final
decision
was
received on February
2,
2009.
(Exhibit
B)
1
* * * * * * * * PCB 09-63 * * * * * *
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,
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:
February
18,
2009
This filing
submitted
on recycled
paper.
2
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Dtvsjon
of
Legal
Counse’
February
3,
2009
Mr.
William
Ingersoll
Envronme,tä
Prote
I’,,.
ior
Divisional
Legal
Counsel
enc
1021
North
Gran
Ave
East
Post
Office
Box
19276
Springfield,
IL
62794-9276
Ref:
Appeal
from
Illinois
Environmental
Protection
Agency
decision
dated
January
30,
2009
Dear
Counsel,
I am
writing
to request
an extension
period
for
filing
an
appeal
of
the
above
certified
agency decision;
a copy
of
which
is
hereby
attached.
I
am
requesting
a
90
day
extension
for
the
following
reasons.
As
stated
in
the
appended
decision,
the
agency
requires
further
information
of
a
technical
nature. In
order
to provide
the
same
I
would
need
to
contact
the
folks
involved
in
the
original
clean
up
and
get
the
necessary
paperwork.
This
extension
would
allow
me
time
to
gather
such
information
and
provide
to
the
agency,
in
the
hope
that
the
issue
may
be
resolved.
Sincerely
Yours,
Jamal
Chaudhary
171
South
Appleton
Rd.
Belvidere,
Ii
61008
* * * * * * * * PCB 09-63 * * * * * *
ILLINOIS
ENvIRoNMENTAL
PROTECTION
AGENCY
1021
NORTH GRAND
AVENUE
EAST, P.O.
Box 19276,
SPRINGFIELD,
ILLINOIS
62794-9276
- (217)
782-2829
JAMES R. THOMPSON
CENTER, 100
WEST
RANDOLPH,
SUITE 11-300,
CHICAGO, IL
60601
— (312)
814-6026
, GOVERNOR
DouGis P.
SCorr,
DIRECTOR
217/782-6762
CERTIFIED
MAIL #
JAN
30.2009
7004
2510
0001
8617
9232
H. Corporation
Jamal
Chaudhary
171
South
Appleton Road
Belvidere,
Illinois
61008
E
C
E V
E
D
Re:
LPC #0070057109—Boone
County
Jlvisiofl
of Legal
Counsel
Belvidere/
J.1. Corporation
171 South
Appleton Road
°
.‘
Incident-Claim
No.: 20051056—55239
Queue Date:
September 23, 2008
onmt
Protection
Leaking UST Fiscal
File
Agency
Dear Mr.
Chaudhary:
The Illinois Environmental
Protection
Agency (Illinois
EPA)
has
completed
the
review
of
your application for
payment
from the
Underground
Storage Tank (UST)
Fund for
the
above-referenced
Leaking
UST
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 734.Subpart
F. This
application for
payment
is
d.ated
September 16, 2008
and was received
by
the Illinois
EPA on
September
23,
2008. It
covers the period from
July 29, 2005
to
August
28,
2006.
The amount
i’equested
is
$61,816.29.
As a
result of the Illinois
EPA’s
review
of the
application for
payment,
a
voucher cannot
be
prepared for submission
to the Comptroller’s
Office
for
payment. Subsequent
applications
for
payment
that
have been or
are submitted
will be
processed
based
upon
the date of
receipt
by
the Illinois
EPA. This constitutes
the
Illinois
EPA’s
final
action
with regard
to the above application
for payment.
Following are
costs that
are not
approved
for
payment and
the
reasons
the
costs
are not
approved:
1.
$61,816.29,
deduction
for costs which lack
supporting
documentation.
Such
costs are ineligible
for
payment
from the
Fund pursuant
to 35 Ill. Adm.
Code
734.630(cc).
Since there is
no supporting documentation
of costs, the
Illinois
EPA
cannot
detennine that costs
were
not used
for
activities
in
excess of
those
R0cKF0RD
—4302
North
Main Street, Rockford,
IL 61103 - (815) 987-7760
.
DEs
PLiINEs
— 9511 W. Harrison
St., Des
Plaines,
IL 60016— (847) 294-4000
ELGIN —595
South State,
Elgin,
IL 60123
— (847)
608-3131
.
Poe
— 5415
N. University St.,
Peoria, IL 61614 —(309)
693-5463
BUREAU OF LAND
- PEORIA
— 7620
N.
University St.,
Peoria, IL 61614
- (309) 693-5462
.
CHAMPAIGN
— 2125
South
First Street, Champaign, IL 61820
— (217) 278-5800
C0LUN5vILLE
— 2009
MaIl
Street, Collinsville, IL 62234 —
(618) 346-5120
.
MARION — 2309
W. Main
St.,
Suite 116,
Marion,
IL 62959
— (618)
993-7200
PPINrFr,
r,,., Ri,-vci r PAPFR
* * * * * * * * PCB 09-63 * * * * * *
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.
There
is
no
technical
documentation
to verify
any
work
that
was performed
in
response
to
this
release/
incident.
The
45-Day
Report
that
was
received
by
the
Illinois
EPA
on August
23,
2005
was
denied because
there
was
no
documentation
describing
the
work
that had
been
performed.
The
submitted
45-Day
Report
was simply
a
signed 45-Day
Report
form.
To
date,
the
Illinois
EPA
has
not
received
any
technical
documentation
concerning
this incident.
In addition,
the
reimbursement
claim
requested
$24,772.34
for UST
Removal
Costs.
These
USTs
were
permitted
for
removal
by
the OSFM
on
May
18,
2005.
The
USTs
were
removed
and
the IEMA
was
notified
of
the
release
on
July
29, 2005.
The
Leaking
UST
Fund
does
not
pay
for
removal,
disposal,
or
abandonment of USTs
if
the
tanks were
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
lii.
Adm.
Code
734.630(k).
An
underground
storage
tank
system
owner
or
operator
may
appeal
this
decision
to
the
Illinois
Pollution
Control
Board.
Appeal
rights
are
attached.
If you
have
any
questions
or
require
further
assistance,
please
contact
Brad Dilbaitis
of
my staff
at (217)
785-8378.
Sincerely,
_JQ
Hernando
A.
Albarracin,
Manager
Leaking
Underground
Storage
Tank
Section
Division
of
Remediation
Management
Bureau
of
Land
HAA:BJD
Attachment:
Appeal
Rights
c:
Forest
Road
Consulting,
Inc.
Leaking
UST
Claims
Unit
* * * * * * * * PCB 09-63 * * * * * *