BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
ROBERT & TONY THOMPSON,
Petitioners,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
PCBNo.04-~
)
(LUST
—
Ninety Day Extension)
)
)
NOTICE
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
guite 11-500
Chicago, IL 60601
Carolyn S. Hesse
Barnes & Thornburg
OneNorth Wacker Drive
Suite 4400
Chicago, IL 60606-2809
PLEASE TAKE NOTICE that I have today filed with the office ofthe 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 BNVII~ONMENTALPROTECTION AGENCY,
Respondent
John J.
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: November 21, 2003
R
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BEFORE THE POLLUTION CONTROL BOARD
DEC
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OF THE STATE OF ILLINOIS
STATE OF ILLINOIS
ROBERT & TONY THOMPSON,
)
°‘~
Contro,v Boarc~
Petitioners,
)
v.
)
PCBNo.04-~
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
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 20, 2004, 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 October 17, 2003, the Illinois EPA issued a final decision to the Petitioners.
(Exhibit A)
2.
On November 19, 2003, the Petitioners 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 Petitioners represented that the final decision was received on October 18, 2003. (Exhibit
B)
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 ofany
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,
John ~Kim
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: November 21, 2003
This filing submitted on recycled paper.
2
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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAr~OA\’ENL~E.-~sT. P.O. Bo~’.1927~,5PRI.\GFIEL~,IWNO~627~4-9~76
jAMES R. THOMP5C)~CENTER, 100 WF3T
RA~coLPH.5~rrE
11-300. CHICAGO. IL 60601
ROD S. BLAcQIEVICH,
GOVERNOR
RENEE C,PI~,ANQ.
DIRECTOR
217/782-6762
fliT ~ ~ 2003
OCT ~ 7
2003
~••j..~’,/•.
Mr. Robert Thompson
do cw3M Company
Post Office Box
571
Carlinville, Illinois 62626
Re:
LPC #0030055050
--
Alexander County
Cairo/Robert & Tony Thompson
4th &Jefferson
LUST Incident No. 20020882
LUST FISCAL FILE
Dear Mr. Thompson:
The Illinois EnvIronmental Protection Agency has completed the review ofyour appbcation for
payment from the IJnder~ound.StorageTank Fund for the above-referenced LUST incident
pursuant to Section
57.8(a)
of the Illinois Environmental Protection Act (Act), and
35
Iii. Adm.
Code 732, Subpart F. This information is dated April 17, 2003 and was received by the Agency
on September 18, 2003. The application for payment covers the period from June 1, 2002 to
November 30, 2002. The amount requested is S30,71 1.89.
The deductible amount to be assessed on this claim is S 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 the costs that are not being paid and the reasons these costs are not
being paid.
On September 18, 2003, the Agency received your complete application forpayment for this
claim. As a result of the Agency!s review ofthis application for payment, a voucher for
$19,426.64 will be prepared for submission to the Comptrollers Office for payment as funds
become available based upon the date the Agency received your complete request for payment of
this application forpayment. 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 ofthe Act by filing a
Ri
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petition for a hearing within
35
days after the date ofissuance 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
a~pl.icantwishes to receive a 90-day extension, a written request that includes a statement ofthe
date the final decision was received, along with a copy ofthis decision, must be sent to the
Illinois EPA as soon as possible.
For information regarding the filing ofan appeal, please contact:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State offlhinois Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
312/814-3620
For information regarding the filing of an extension, please contact:
IWnois Environmental Protection Agency
Division ofLegal Counsel
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
217/782-5544
If you have any questions or require further assistance, please contact Catherine S~Elston
of
my staff
at 217/782-6762.
Since y,
Dou,gi4’s E. Oakley, Manager
I
LUST Claims Unit
Planning & Reporting Sectio
Bureau ofLand
DEO:CSE:ct\03 841 0.doc
Attachment
cc:
CW3M Company
1S/2~/2B~313:53
2175228G12
CW3M COMPANY
PAGE
AttachmentA
~
r
1
1 $~
20 ii
•
Accounting Deductions
Re:
LPC #0030055050
—
Alexander County
Cairo/Robert & Tony Thompson
4th & Jefferson
LUST Incident No. 20020882
LUST Fiscal File
Citations in this attachinient are from and the Environmental Protection Act (Act) and
35
Illinois
Administrative Code
(35
Iii. Adixi. Code).
hem #
Description ofDeductions
Rate for per diem is not reasonable—. July 1—3 1, 2002
-
$600
Rate for per diem is not reasonable —October 1-31, 2002
- $26.00
Rate for mileage is not reasonable
—
July 1-3 1, 2002
-
$5.10
Rate for mileageis not reasonable
-
October 1-31, 2002
-
526.40
Rate for Field Supervisor/Coordinator is not reasonable
—
October 1-31, 2002
-
$88.00
Rate for Trackhoe is not reasonable— October 1-31, 2002
-
S33.75
Mobilization’Demobiiization for backhoe and trackloader
is
not reasonable
-
$1,100.00.
CSE:ct\03832.doc
BARNES Þ
BURG
Suite 4400
One North WackerDrive
Chicago, Illinois 60606-2809 U.S.A.
(312)357-1313
Fax (312)
759-5646
Carolyn S. Hesse
(312) 214-8301
www.btlaw.com
Email: chesse@btlaw.com
November 19, 2003
VIA FACSIMILE & FEDERAL EXPRESS
Mr. John Kim
Illinois Environmental Protection Agency
EC ElVE
1021 North Grand Avenue East
~I~~i~ioii6~
L~~j
&~ll;
P.O. Box 19276
5 .5
Springfield, Illinois 62794-9276
•
~
2008
Re:
LPC #0030055050 --Alexander
• _
Cairo / Robert and Tony Thompson
S
4th
and Jefferson
LUST Incident #200208 82
LUST FISCAL FILE
Dear John:
On October 17, 2003, the Agency issued a letter with respect to the above referenced
LUST Incident regarding the payment, in part, ofcosts for which reimbursement was requested.
The letter was received on October 18, 2003. The amount requested for reimbursement
was $30,711.89.
The letters were received by CW3M on behalf of Mr. Robert Thompson.
Mr. Thompson’s facility is located in Alexander County, Illinois. A copy of the letter is
attached.
CW3M believes that, based upon discussions with the Illinois Environmental
Protection Agency and for other reasons, that we will be able to resolve the issues raised in the
IEPA letters. However, we believe that we will not be able to resolve these issues by the
deadline for filing an appeal ofthese 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
JAC 105.406 to allow us the neededtime to continue these discussions and to try
to resolve the issues.
On November 18, 2003, 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
a
Chicago
Elkhart
Fort Wayne
Grand Rapids
Indianapolis
South Bend
Washington, D.C.
Mr. John Kim
November 19, 2003
Page 2
me no later than the close ofbusiness on November 20, 2003, so that I may file the appropriate
appeals to the Board. Ifyou have any questions or comments, please do not hesitate to contact
me.
•
Sincerely yours,
BARNES & THORNBURG
~
Carolyn S. Hesse
CSH/jmr
Enclosure
cc:
William Sinnott
Carol L. Rowe
l83606v1
BARNES ÞBURG
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on November 21, 2003, 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 namedpersons:
Dorothy M. Gunn, Clerk
Carolyn S. Hesse
Illinois Pollution Control Board
Barnes & Thornburg
James R. Thompson Center
OneNorth Wacker Drive
100 West Randolph Street
Suite 4400
Suite 11-500
Chicago, IL 60606-2809
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)