NOTICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
RECENVEDCLERK’S OFFICE
STATE OF ILLINOIS
CERTIFICATE OF SERVICE

UNITED PARCEL SERVICE (Claim #1),

Petitioner,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

Respondent.

RECENVED

CLERK’S OFFICE

SEP 03 2004

STATE OF ILLINOIS

Pollution Control Board

PCBNo.

05-

)

(LUST Appeal

—

Ninety Day Extension)

)

NOTICE

Hugh B. Devery, P.G.

Blasland, Bouck & Lee, Inc.

975 Cobb Place Boulevard, NW

Suite 311

Keimesaw, GA 30144-4817

PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the Pollution

Control Board a REQUEST FOR NThETY DAY EXTENSION OF APPEAL PERIOD, copies of which

are herewith served upon you.

Respectfully submitted,

ILLiNOIS ENVIRONMENTAL PROTECTION AGENCY,

Assistant Counsel

Special Assistant Attorney General

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: September 1, 2004

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

RECENVED

CLERK’S OFFICE

BEFORE

THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

SEP

STATE OF ILLINOIS

UNITED PARCEL SERVICE (Claim #1),

)

Pollution Control Board

Petitioner,

)

PCB No.

05-

ILLINOIS ENVIRONMENTAL

)

(LUST Appeal

—

Ninety Day Extension)

PROTECTION AGENCY,

)

Respondent.

)

REQUEST

FOR NINETY DAY EXTENSION

APPEAL PERIOD

NOW COMES the Respondent, the Illinois Environmental Protection Agency (“Illinois

EPA”), by one of its attorneys, John J. Kim, Assistant Counsel and Special Assistant Attorney

General, and, pursuant to Section 40(a)( 1) of the Illinois Environmental Protection A&

(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 ofthe thirty-five

(35)

day period for petitioning for a

hearing to January 5, 2005, or any other date not more than a total of one hundred twenty-five

(125)

days from the date of service ofthe Illinois EPA’s final decision. In support thereof, the

Illinois EPA respectfully states as follows:

On July 28, 2004, the Illinois EPA issued a final decision to the Petitioner.

(Exhibit A)

On August

25,

2004, 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.

The Petitioner did not represent when the final decision was received, though the Illinois EPA

notes the final decision could not be delivered until July 29, 2004 at the earliest. (Exhibit B)

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 maybe 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 forpetitioning for a hearing.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

JohiW. Kim

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Dated: September 1, 2004

This filing submitted on recycled paper.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021

NORTH GRAND AVENUE EAST,

P.O.

Box 19276, SPRINGFIELD, ILuNos

62794-9276, 217-782-3397

JAMES

THOMPSON CENTER,

100

WEST RANDOLPH, SUITE

11-300,

CHICAGO,

IL 60601, 312-814-6026

ROD

BLAGOJEVICH, GOVERNOR

RENEE CIPRIANO, DIRECTOR

217/782-6762

JUL28 2UC~4

United Parcel Service

Attention: Linda Lyons, Environmental Manager

Glenlake Parkway, NE

Atlanta, GA 30328

Re:

LPC #1630100026

St. Clair County

BellevilleftJnited Parcel Service

8200 Excellence Place

LUST Incident #911959

LUST FISCAL FILE

Dear Ms. Lyons:

The Agency has completed the review ofthe request for reimbursement ofcorrective action costs

from the Illinois Underground Storage Tank Fund for the above-referenced facility. The invoices

reviewed covered the period from September 1, 1998 to February 28, 2000. The amount

requested was

$46,145.23.

The deductible amount for this claim is $10,000.00, which was previously deducted from the.

Invoice Voucher dated October 7, 1993. Listed in Attachment A are the costs which are not

being reimbursed from this request and the reasons these costs are not being reimbursed.

On November 12, 2003, the Agency received your complete request for payment for this claim.

As a result of the Agency’s review of this application for payment, a voucher cannot be prepared

for submission to the Comptroller’s office 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 invoices. An underground

storage tank owner or operator may appeal this final decision to the Illinois Pollution Control

Board (Board) pursuant to Section 22.1 8b(g) and Section 40 of the Act by filing a petition for a

hearing within 35 days afterthe date of issuance ofthe final decision. However, the 35-day

period may be extended for a period oftime not to exceed 90 days by written notice from the

owner or operator and the Illinois EPA within the initial 35-day appeal period. Ifthe owner or

operator wishes to receive a 90-day extension, a written request that includes a statement ofthe

ROCKFORD

— 4302 North Main Street, Rockiord. IL 61 103 —(815)

. Harrison St., Des Plaines, IL 60016 —

(847) 294-4000

ELGIN —595 South State, Elgin, IL 60123—1847160

rsity SI., Peoria, IL 61614—1309)

693-5463

BUR~uOF LAND

PEORIA

— 7620 N. University St., Peoria, IL 61614 —

(

25 South First Street, Champaign, I.L 61820— (217) 278-5800

SPRINGFIELD

—4500

5. Sixth StreetRd., Springfield, IL

62706 — (2

MaIl Street, Collinsville, IL 62234

—

(618) 346-5120

MARION—2309 W. Mai

618) 993-7200

Page 2

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 ofIllinois 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 ofLegal Counsel

1021 North Grand Avenue East

Springfield, Illinois 62794-9276

217/782-5544

you.have any questions, please

contact Richard Nykiel of my staff or Sam Hale of Cliff

Wheeler’s staff

217/782-6762.

Dougl-~E. Oakley, Manager

LUST Claims Unit

Planning & Reporting Section

Bureau ofLand

DEO:RJN:jk\04 1 639.doc

Attachment

cc:

Blasland, Bouck & Lee, Inc.

Attachment A

Technical Deductions

Re:

LPC #1630100026

St. Clair County

Belleville/United Parcel Service

8200 Excellence Place

LUST Incident No. 911959

LUST FISCAL FILE

Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois

Administrative Code

(35

Ill. Adrn. Code).

-Item~# Description of Deductions

$46,145.23

Deduction for costs associated with corrective action that was not conducted in

accordance with an Agency approved plan (Section 22.1 8b(d)(4)(E) ofthe

Environmental Protection Act).

Deduction in costs that the owner/operator failed to demonstrate were reasonable

(Section 22.1 8b(d)(4)(C) of the Environmental Protection Act).

The Agency has determined that the costs associated with activities proposed are

beyond the scope and measure ofthe Agency-approved Plan.

DEO:RJN:jk\041 639.doc

Attachment A

Accounting Deductions

Re:

LPC #1630100026

St. Clair County

Belleville/IJnited Parcel Service

8200 Excellence Place

LUST Incident #911959

LUST FISCAL FILE

The following costs are included in the Technical Deductions, but are also being denied by

Accounting forthe following reasons:

Item #

Description of Deductions

$1,018.78,

deduction for an adjustment in costs due to a lack ofsupporting

documentation (Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).

BBL-Invoice #784948-1011

$12.00 Need receipts-Field purchases

#784948-121 1

$4.00 Need phone bill-Fax

#784948-1211

$14.22 Need breakdown-disposable

equipment/materials

#78494-99004

$15.85 Need description-Field purchase

#78494-99004

$19.98 Need description-Field purchase

#78494-99004

$5.35

Need description-Field purchase

#78494-99004

$4.29 Need description-Field purchase

#78494-99004

$53.38

Need receipt-Meter

#78494-99004

$41.98 Need detail ofphone bill-who

was called

#78494-200002

$745.00 Air fare-need departure date and city

and arrival date and city

#78494-99008

$25.84 Need detail ofphone bill-who

was called

#78494-200002

$66.20 Need detail ofphone bill-who

was called

#78494-99004

$10.69 Need receipt-disposable

equipment/materials

$447.53, deduction for an adjustment in overnight mail charges (Section

22.1 8b(d)(4)(C) ofthe Environmental Protection Act).

BBL-Invoice #78494-99004

$370.65 UPS-Not to a lab

#78494-99005

$13.50 UPS-Not to a lab

Page 2

#78494-99007

$36.13 UPS-Not to a lab

#78494-99008

$27.25

UPS-Not to a lab

$380.66, deduction in costs that the owner/operator failed to demonstrate were

reasonable (Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).

BBL-Invoice #784948-1011

$1.80

Handling on denied field purchases

#784948-1211

$0.48

Handling on denied fax costs

#784948-1211

$1.71

Handling on denied disposable

equipment/materials

#784948-1211

$106.18

Soleil Restaurant

#784948-1211

$0.84 Toll

#78494-99004

$2.92 No handling on reproduction

#78494-99004

$1.29

Handling on denied disposable

equipment/materials

#78494-99004

$1.91

Handling on denied cost

#78494-99004

$19.88 Sunglasses

#78494-99004

$2.39 Handling on sunglasses

#78494-99004

$24.66 Post hole digger

#78494-99004

$2.96 Handling on post hole digger

#78494-99004

$2.40

Handling on Mad Pricer

#78494-99004

$0.52 Handling on denied cost-field

purchase

#78494-99004

$0.65 Handling on denied cost-Big Kmart

#78494-99004

$6.41 Handling on denied meter cost

-#78494-99004

$44.48 Handling an denied UPS costs

#78494-99005

$2.86 No handling on reproduction

#78494-99005

$1.62

Handling on denied UPS costs

#78494-99007

$5.03 Handling on denied phone costs

#78494-99007

$5.72

No handling on reproduction

#78494-99007

$4.34

Handling on denied UPS costs

#78494-99008

$2.64 No handling on reproduction

#78494-99008

$3.27 Handling on denied postage!

shipping costs

#78494-99008

$3.10 Handling on denied phone charges

#78494-200002

$89.40 Handling on denied travel/air costs

#78494-200002

$29.36 Nohandling on reproduction

#78494-20002

$7.95

Handling on deniel phone costs~

#78494-99004

$0.69 Chap stick

#78494-99004

$0.09 Handling on chap stick

#78494-99004

$2.77 Tylenol

#78494-99004

$0.34 Handling on Tylenol

Page3

$621.82, deduction for an adjustment in Handling Charges ofgreater than the allowed

Sliding Scale (Section 22.18b(i)(2) ofthe Environmental Protection Act).

BBL-Invoice #78494-81011

$1.92 Handling

#78494-81211

$10.61

Handling

#78494-81311

$6.14 Handling

#78494-813 11

$21.75 Handling

#78494-99004

$96.47 Handling

#78494-99004

$2.16 Handling

#78494-99004

$4.68 Handling

#78494-99004

$13.46

Handling

#78494-99004

$249.84 Handling

#78494-99005

$5.35 Handling

#78494-99005

$0.10 Handling

#78494-99007

$55.35

Handling

#78494-99007

$3.77 Handling

#78494-99008

$2.26 Handling

#78494-99009

$7.50 Handling

#78494-200002

$31.66 Handling

$108.80 Handling

$2,468.79 Total Accounting Deductions

DEO:RThT:jk\04 1 639.doc-

BBL

BLASLAND, BOUCK & LEE, INC.

RECEIVED

Division of Legal Counsel

Transmitted Via UPSNDA

AUG 262004

August

25,

2004

Environmental ProtectIon

Agency

Illinois Environmental Protection Agency

Mr. John Kim,

Division of Legal Counsel

1021 North Grand Avenue East

Springfield, illinois 62794-9276

Re: Request

for Petition Extension for Reimbursement of Corrective Action Costs

LPC #1

630100026

—

St. Clair County

Belleville/United Parcel Service

8200 Excellence

Place

LUST Incident #911959

BBLES Project #: 37044.100

Dear Mr. Kim:

We are in receipt of a decision letter dated July 28, 2004 concerning Lust Incident

#911959

from the

Illinois Environmental Protection Agency. On behalf of United Parcel Service (UPS), BBL (BBL)

respectfully requests- a 90 day extension for claim # 1 received by your office on November 12, 2003.

This request for reimbursement was submitted to the Illinois Environmental Protection Agency in the

amount of $46,145.23, with invoices covering a period from December 1, 2001 to January 31, 2003.

If you have any questions, or require additional information, please feel free to contact Ms. Linda Lyons

of UPS at (404) 828-6766, orBBL at (770) 428-9009 extension 11.

Sincerely,

BLASLAND, BOUCK & LEE, INC.

Hugh B. Devery, P.G.

Project Manager

MRS/mrs

Enclosure: Illinois EPA Decision Letter

cc:

Ms. Linda Lyons, UPS

Glenlake Parkway, NE; Atlanta, Georgia 30328; w/o attachment

File

975 CobbPlace Blvd. NW • Suite 311 • Kennesaw, GA 3014.4-4817

11 ~2363ExtnRqst

Rmbrsmt CIaiml.doc

Tel (770) 428-9009 •

Fax

(770) 428-4004 • www.bbl-inc.com •

offices nationwide

CERTIFICATE OF SERVICE

I, the

undersigned attorney at law, hereby certify that on September 1, 2004, 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 Mail postage affixed thereto, upon the following named persons:

Dorothy M. Gunn, Clerk

Hugh B. Devery, P.G.

illinois Pollution Control Board

Blasland, Bouck & Lee, Inc.

James R. Thompson Center

975 Cobb PlaceBoulevard, NW

100 West Randolph Street

Suite 311

Suite 11-500

Kennesaw, GA 30144-4817

Chicago, IL 60601

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)