BEFORE THE POLLUTION CONTROL BOARD
NOTICE
OF THE STATE OF ILLINOIS

flV!ronmeflta, Protection

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

DEC

3 2003

STATE OF ILLINOIS

Pollution Control

Board

)

PCBNo.O4-~

)

(LUST Appeal

—

Ninety Day Extension)

)

Dorothy M. Gunn, Clerk

John Kroeger, Project Manager

Illinois Pollution Control Board

United Science Industries

James R. Thompson Center

P.O. Box 360

100 West Randolph Street

6295

East Illinois Highway 15

Suite 11-500

Woodlawn, IL 62898-0360

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.

Respectflilly submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

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: December 1, 2003

CLERK’S OFFICE

RUSSELL OIL,

Petitioner,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

)

NOTICE

REC~JVE1~

CLERK’S OFFICE

BEFORE THE POLLUTION CONTROL BOARD

DEC

32003

OF THE STATE OF ILLINOIS

STATE OF ILLINOIS

RUSSELL OIL,

)

Pollution

Control Board

Petitioner,

)

PCBNo.

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, 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 Iii. Adm. Code 105.208, hereby requests that the Illinois Pollution

Control Board (“Board”) grant an extension ofthe thirty-five

(35)

day period forpetitioning for a

hearing to March 1, 2004, or any other date not more than a total of one hundred twenty-five

(125)

days from October 27, 2003, the date of the Illinois EPA’s final decision. The

125th

day

from the date ofthe decision is February 29, 2003, a Sunday. The next business day is March 1,

2004. In support thereof, the Illinois EPA respectfully states as follows:

On October 27, 2003, the Illinois EPA issued a final decision to the Petitioner.

(Exhibit A)

On November 21, 2003, 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 representwhen the final decision was received. (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 ofany

hearing that may be necessary to resolve this matter.

WHEREFORE, for the reasons stated above, the parties request that the Board, in the

inteiest 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: December 1, 2003

This filing submitted on recycled paper.

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. BLAGOJE\’ICH, GOVERNOR

RENEE CIPRIANO, DIRECTOR

217/782-6762

•1

OCT 2 7 2003

Russell Oil Company

Attetition: Leon Russell

200 East Main Street

Galatia, IL 62935

Re:

LPC#l650200006--SalineCounty

Harrisburg/Russell Oil Company

326 East Poplar Street

LUST Incident No. 20030626

LUST FISCAL FILE

Dear Mr. Russell:

The Illinois Environmental Protection Agency has completed the review ofyour application for

payment from the Underground Storage Tank Fund for the above-referenced LUST incident

pursuant to Section 57.8(a) ofthe Illinois Environmental Protection Act (Act), and 35 Ill. Adm.

Code 732, Subpart F. This information is dated September 25, 2003 and was received by the

Agency on September 25, 2003. The application for payment covers the period from April 29,

2003 to June

30,

2003. The amount requested is $2,418.00.

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

billing submittal received by the Agency on July 22, 2003 for $64,849.20. 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 25, 2003, the Agency received your complete application for payment for this

claim. As a result ofthe 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 been/are 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

petition for a hearing within 35 days after the date of issuance ofthe final decision. However;

the 35-day period may be extended for a period of time not to exceed 90 days by written potice

ROCKFORD —4302 North

Main

Street, Rocklor

s Plaines, IL 60016 —(847) 294-400(1

ELUN — 595 South SIale, Elgin, I.

1614 —

(.309)

693-5463

BLRE•O. OF L~\o- PFoO,\ — 7620 N. University St., —

t. Champaign, IL 61820 —(217) 278-5800

SPRr\GFIELD

— 4500 S. Sixlh Street Rd., Sprin~

~nsvilIe,

IL 62234 — (618) 346.~120

Page 2

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

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

date the final decision was received, along with a copy of this decision, must be sent to the

Illinois EPA as soon as possible.

‘7

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 of Legal Counsel

1021 North Grand Avenue East

Springfield, Illinois 62794-9276

217/782-5544

If you have

any questions

or require further assistance, please contact Nancy Moore of my

staff at 217/782-6762.

DEO:NM:jk\0307 I 6.doc

Do~gl~sB. Oakley, Manager

LUST Claims Unit

Planning & Reporting Section

Bureau ofLand

cc:

United Science Industries, Inc.

Attachment A

Accounting Deductions

Re:

LPC#1650200006-- Saline County

Harrisburg/Russell Oil Co.

326 East Poplar Street

I~USTIncident No. 20030626

LUST Fiscal File

‘Cit4ions in this attachment are from and the Environmental Protection Act (Act) and 35 Illinois

Adthinistrative Code

(35

Ill. Adm. Code).

Item #

Description ofDeductions

1. Deduction associated with 732.61 2(a)( 1 )(2)(3), 732.61

2(b)(5)

and 732.61 2(c)(2), as

explained below.

Section 732.6 12 Determination and Collection ofExcess Payments

a) If, for any reason, the Agency determines that an excess payment has been paid

from the Fund, the Agency may take steps to collect the excess amount pursuant to

subsection (c) of this Section.

1) Upon identifying an excess payment, the Agency shall notify the owner

or operator receiving the excess payment by certified Or registered mail,

return receipt requested.

2) The notification letter shall state the amount ofthe excess payment and

the basis for the Agency’s determination that the payment is in error.

3) The Agency’s determination of an excess payment shall be subject to

appeal to the Board in the manner provided for the review ofpermit

decisions in Section 40 ofthe Act.

b) An excess payment from the Fund includes, but is not limited to:

Payment

calculated by the Agency in reliance on incorrect information.

c) Excess payments may be collected using the following procedure:

2) If an owner or operator submits a subsequent claim for payment after previously

receiving an excess payment from the Fund, the Agency may deduct the excess

payment amount from any subsequently approved payment amount. Ifthe amount

subsequently approved is insufficient to recover the entire amount of the excess

payment, the Agency may use the procedures in this Section or any other

collection methods available to the Agency by law to collect the remainder.

Following is an explanation why no further costs can be reimbursed from the payment

letter dated September 2, 2003.

Per the letter from USI dated and received on September 25, 2003 requesting the payment

ofcosts previously denied, $979.50 ofthe costs that were originally designated for

MobilizationlDemobilization are now designated for either contaminated soil removal,

backfill or UST removal. The costs that were deducted for UST removal, in the amount

of$l,438.50, are now designated for contaminated fill removal orwaste characterization~

These shifts of costs to different tasks reduce the UST removal costs to a reasonable rate,

but the addition ofcosts to the contaminated soil task makes the costs for contaminated

soil excessive.

“The total costs for contaminated soil are $19,853.30

There is a $4.80 per ton cost overage.

$4.80 X 478.77 tons

$2,298.10 in excess costs

In addition, there should have been an additional deduction in the letter dated September

2, 2003 for excessive backfill costs. This was overlooked in the original review and

subsequent payment letter. The deduction for backfill costs should have been $2,382.55

originally. Recognizing the newly-defined task descriptions in USI’s letter of September

25,

2003, the total costs forbackfill are $12,710.25. That revises the deduction to

$2,755.99.

The total costs for backfill are $12,710.25

There is a $3.69 per ton overage

$3.69 X 746.88 tons

$2,755.99

The total of the two deductions outlined above is

$5,054.09

($2,298.10 +

$2,755.99).

The

amount requested for further reimbursement and already deducted in the letter of

September 2, 2003 is $2,418 00

h~~b~Iaa~,çof$2,636 09-will be-deducted from future

submittals, as this tepresents an~overpayment.

NIM:ct\03764.doc

P.O.

Box 369

6295

East Illinois Highway 15

Woodlawn, Illinois 62898-0360

November 21, 2003

Phone: (618) 735.2411

Fax: (618) 735-2907

E-Mail: unitedscience@unitedscience.coni

Illinois Environmental Protection Agency

‘Division of Legal Counsel

1021 North Grand Avenue East

Post Office Box 19276

Springfield, IL 62794-9276

Re:

LPC # 1650200006

—

Saline County

Harrisburg

—

Russell Oil

326 East Poplar Street

LUST Incident No. 20030626

To Whom It May Concern:

United Science Industries, Inc. (USI), on behalf of our client Russell

Oil Company,

requesting a 90-day extension to the 35-day appeal period in regards to the IEPA

correspondence dated October 27, 2003, which is included.

I appreciate your time and consideration in this matter. If you have any questions or

comments regarding this matter please contact me at (618) 735-2411.

Sincerely yours,

UNITED SCIENCE INDUSTRIES, INC.

John Kroeger

Project Manager

Enclosures

~RECEjV

NOY

2 ~

~dQtJflSO!

flV!ronmeflta, Protection

A9ency

UNITED SCIENCE INDUSTRIES

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on December 1, 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 named persons:

Do~othyM. Gunn, Clerk

John Kroeger, Project Manager

Illinois Pollution Control Board

United Science Industries

James R. Thompson Center

P.O. Box 360

100 West Randolph Street

6295

East Illinois Highway 15

Suite 11-500

Woodlawn, IL 62898-0360

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)