BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
RED
CARPET CAR WASH,
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
Dorothy M. Guñn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
)
)
)
)
)
)
NOTICE
RECE~VEO
CLERK’S OFFICE
MAR 23 2004
STATE OF ILLINOIS
Pollution Control Board
PCBNo.04-
(LUST
—
Ninety Day Extension)
Richard S. Pletz, P.G.
MACTEC Engineering and Consulting
8901 North Industrial Road
Peoria, IL 61615-1509
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,
Re~
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: March 19, 2004
RED CARPET CAR WASH,
)
v.
PCBNo.04-/(~l’
ILLINOIS ENVIRONMENTAL
(LUST
—
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, John J. Kim, Assistant Counsel and Special Assistant Attorney
General, and, pursuant to Section 40(a)(1) of the Illinois Environmental Protection Act (415
JLCS 5/40(a)(1)) and
35
Iii. 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 June 17, 2004, or any other date not~morethan a total of one hundred twenty-five
(125)
days from the date ofthe Illinois EPA’s final decision. In support thereof, the Illinois EPA
respectfully states as follows:
1.
On February 11, 2004, the Illinois EPA issued a final decision to the Petitioner
regarding a request for reimbursement from the Underground Storage Tank Fund. (Exhibit A)
2.
On March 10, 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 represented the final decision was received on February 13, 2004. (Exhibit B)
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.
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
Petitioner,
)
)
)
CLERK’S
OFICE
MAR 23 2004
STATE OF ILLINOIS
Pollution Control Board
I
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
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: March 19, 2004
This filing submitted on recycled paper.
2
•~
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND AVENUE EAST, P.O. 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
RENEE CIPRANO, DIRECTOR
217/782-6762
FE.B11 2004
National City Bank ofMichiganllllinois
Attn: Greg Strickfaden
301 SW Adams Street, P.O. Box 749
Peoria, Illinois 61652
Re:
LPC#1150150005--MaconCounty
Decatur/Red Carpet Car Wash
-
2780 North Main Street
LUST Incident #89 1469
LUST FISCAL FILE
.
Deat Mr. Strickfaden:
.
.
-‘
.
S.
The Agency has completed the review of the request for reimbursement of corrective action costs
from the Illinois Underground Storage Tank Fund for the above-referenced facility. The invoices
reviewed covered the period from December 1, 2001 to November 30, 2002. The amount
requested was $36,147.50.
S
The deductible amount for this claim is $10,000.00, which was previously deducted from the
Invoice Voucher dated June 22, 1999. 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 June 9, 2003, the Agency received your complete request.for payment for this claim. As a
result of the Agency’s review ofthis 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 ofthe 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 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. If the owner or
ROCKFORD - 4302 Nor3h Main Street, Rockford. i~61 ~
—
•.
lames, IL 60016 - (847) 294-4000
ELGIN —595 South State, Elgin, IL .‘..i~
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.
“
14— (309) 693-5463
BUREAU OF LAND - PEORIA — 7620 N. University St., F
Champaign, IL 61820 1217) 278.~80
SPRINGFIELD —4500 S. Sixth Street Rd., Spring
.
tvil)e, IL 62234 —(618) 346.5120
MAR
PRINTED ON RECYCLED PAPER
Page 2
operator 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
(\(V\
IvI~.~.I
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
If you have any questions, please contact Kevin
of Mike Lowder’s staff, at 217/782-6762.
Dou-glas E. Oakley, Manager
LUST. Claims Unit
Planning & Reporting Section
Bureau of Land
DEO :KLM:ct\043293.doc
Attachments
Mably of my staff, or Mohammed Rahman
Sinc
cc:
MACTEC Engineering and Consulting, Inc..
Attachment A
Accounting Deductions
Re:
LPC#1150150005--MaconCounty
Decatur/Red Carpet Car Wash
2780 North Main Street
LUST Incident No. 891469
LUST FISCAL FILE
Item #
Description ofDeductions
Included in the Technical Deductions are the following Accounting Deductions of$3,l 16.36.
They are as follows:
1:
$3,116.36, deduction in costs that the owner/operator failed to demonstrate were
reasonable (Section.22.18b(d)(4)(C) of the Environmental Protection Act).
$3,116.36 Harding ESE
$30.00
Personnel
$3.85
•
Mileage
$3.41
Prior balance
—
IL Power
$0.41
Handling on denied cost
—
IL Power
$4400
Equipment
—
Bodine
•
$3,034.69
Soil disposal and backfill
-
Bodine
KLM:ct\043295 .doc
Attachment A
Technical Deductions
Re:
LPC#1150150005--MaconCounty
Decatur/Red Carpet Car Wash
2780 North Main Street
LUST Incident No. 891469
LUST FISCAL FILE
Item #
Description ofDeductions
1.
$36,147.50,
deduction for an adjustment in costs due to a lack of supporting
documentation (Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act). Invoice
No. ~
dated August 23, 2002; Invoice No. 013438 ~
~
dated December 21, 2001; Invoice No. 010687 of ater esour ~,jnc.
7
dated October
25,
2002; and the costs for Compactor Plate and Concrete one)n
/
Invoice No. 011203 ofBodine Environmental Services dated Noveniber 19),.2’002
require further explanation regarding what these costs are for.
KLM:ct\043296.doc
I
MACTEC
RECEff~,r.
DiVision of Lec~-’
~
~1AR152C~’i
March 10, 2004
•
.
-
.
EnvironmentaiAgency~
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
RE:
LPC No. 115015005
—
Macon County
Decatur/Red Carpet Car Wash
2780 North Main Street
LUST Incident No. 891469
MACTEC. Project No. 530175
The following letter has been prepared on behalf ofour client in response to the Agency’s letter
dated February 11, 2004. At this time, we request a 90-day extension to the Agency’s final
decision dated February 11, 2004 that was received February 13, 2004.
Sincerely,
MACTEC Engineering and Consulting, Inc.
i~&~
~
Richard S. Pletz, PG
Proj ect Manager
S... . -
..i~
MACTEC Engineering and consulting
8901 North
Industrial Road• Peoria, IL 61615-1509
309-692-4422w Fax: 309-692-9364
P:\530
I
78\ExtRequesto3
I
004.doc\RSP\bjk\03
1004
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on March 19, 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
Richard S. Pletz, P.G.
Illinois Pollution Control Board
MACTEC Engineering and Consulting
James R. Thompson Center
8901 North Industrial Road
100 West Randolph Street
Peoria, IL 61615-1509
Suite 11-500
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
-
JohnJ.
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)