REC~VED
CLERK’S OFFf CE
GRANITE
CITY
FIRE DEPARTMENT,
Petitioner,
V.
ILLiNOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
)
)
JAN 26 2C~4
STATE
OF ILL!NO~S
Pollution Contro~Board
PCBNo.04-
)
(LUST Fund
—
Ninety Day Extension)
)
)
NOTICE
Bryan S. Elledge, R.G., P.O.
Schrieber, Yonley & Associates
271 Wolfher Drive
Fenton, MO 63026
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
John J.
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, flhinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: January 23, 2004
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
GRANITE CITY FIRE DEPARTMENT,
)
Petitioner,
)
)
ILLINOIS ENVIRONMENTAL
)
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
5140(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 April 26, 2004, 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. The 125th day is actually
April 25, 2004, a Sunday. The next business day is April 26, 2004. In support thereof, the
Illinois EPA respectfiully states as follows:
1.
On December 17, 2003, the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2.
On January 20, 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 that the final decision was received on or about December 22, 2003.
(Exhibit B)
~cp~VED
CLERKS OFFICE
JAM 2 ~2~I
TE OF ~LUNO~S,
POUUttOfl Coflt~O1Boar~
PCB No. 04-
(LUST Fund
—
Ninety Day Extension)
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 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.
Respectfullysubmitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
John
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: January 23, 2004
This filing submitted on recycledpaper.
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 CIPRIANO, DIRECTOR
217/782-6762
DEC 1
7 2003
City of Granite City
Attention: Mr. Ronald L. Selph
2000 Edison
Granite City, IL 62040
Re:
LPC#l190405068--Madison County
Granite City/Granite City Fire Department
2300 Madison Avenue
LUST Incident Number 911147
LUST FISCAL FILE
-
Dear Mr. Selph:
On March 28, 2003, the Agency sent you a letter regarding the site referenced above. Upon
ftirther review, an additional voucher for $2,774.22 will be prepared for submission to the
Comptroller’s Office for payment as funds become available.
An underground storage tank owner or operator may appeal this decision to the Illinois Pollution
Control Board (Board) pursuant to Section 57.8(i) and Section 40 ofthe Illinois Environmental
Protection Act. An owner or operator who seeks to appeal the Agency’s decision may, within 35
days after the notification ofthe final Agency decision, petition for a hearing before the Board;
however, the 35-day period may be extended for a period of time not to exceed 90 days by
written notice provided to the Board from the applicant and the Agency within the 35-day initial
appeal period.
For information regarding the filing ofan 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
ROCKFORD —4302 North Main Street, Rockf
I
-
— C
I. Des Plaines, IL 60016— (1(47) 294-4000
Eicix — 595 South Slate, Elgin,
614 — (309) 693-5463
BUREAU OF LAND - Pt:cno.s — 7620 N. University St.
t, Champaign, IL 61820 — (217) 278-5800
SPRINGFIEU — 4500 S. Sixth Street Rd., Spri~
lnsviUe, IL 62234 —1618) 346-5120
M
F’RIN UI) ON RFc’,CLED PAPER
Page 2
For information regarding the filing of an extension, please contact:
Illinois Environmental Protection Agency
Division of Legal Counsel
4u
~G
1021 North Grand Avenue East
V
Springfield, Illinois 62794-9276
217/782-5544
If you have any questions, please contact Diana Gobelman of my staff or Brian Bauer of
the LUST Section at 217/782-6762.
Sincerely,
AOt~,h~
~Da*
Douglas E. Oakley, Manager
LUST Claims Unit
Planning & Reporting Section
Bureau ofLand
DEO:DLG:jk\030164.doc
Attachment
cc:
Schreiber Yonley & Associates
Attachment A
Technical Deductions
Re:
LPC
#1190405068
--
Madison County
Granite City / Granite City Fire Department
2300 Madison Avenue
LUST
Incident No. 911147
LUST FISCAL FILE
Item #
Description of Deductions
1.
$5,353.83, deduction for costs that lack supporting technical documentation as the
owner or operator failed to demonstrate that the costs are for corrective action
performed in accordance with the plans approved by the Agency (Section
22.1 8b(d)(4)(F) of the Environmental Protection Act).
2.
$262.50, deduction for costs which are not for Corrective Action activities (Section
22.18(e)(l)(C) and 22.18b(a)(3) of the Environmental Protection Act).
BB\
Attachment A
Accounting Deductions
Re:
LPC#l190405068--MadisonCounty
Granite City/Granite City Fire Department
2300 Madison Avenue
LUST Incident Number 911147
LUST FISCAL FILE
Item #
Description of Deductions
$13.60
Deduction for an adjustment in costs due to a lack ofsupporting documentation
(Section 22.l8b(d)(4)(C) 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).
SYA Invoice 28793
—
mileage and mileage rate (back-up documentation is for 90
miles, not 115 miles as billed)
2.
$605.28, deduction in costs that the owner/operator failed to demonstrate were
reasonable (Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).
SYA Invoices 28381 and 28586— environmental scientist rate
-
$380.25
SYA Invoice 28381
—
truck and interface probe rates
-
$55.50
SYA Invoice 28381
—
mileage rate
-
$2.28
SYA Invoices 28793 and 28994
—
environmental scientist III and senior scientist rates
-$167.25
DEO:DLG:jk\030164.doc
SCHREIBER
YONLEY
ASSOCIATES
_____________________
271 Wolfner Drive
•
Fenton, Missouri 63026
ENVIRON1IENTAL ENG1NE~RS
636/349-8399
•
Fax 636/349-8384
January 20, 2004
Mr. John Kim
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Springfield, IL 62794-9276
VIA FACSIMILE
217-782-9807
J~t~:
~
Environn~~n~ij~—~rc~3r~0fl
A~j~ncy
RE:
Appeal Extension Request
LPC #1190405068
—
Madison County
Granite City / Granite City Fire Department
2300 Madison Avenue
LUST Incident Number 911147
Dear Mr. Kim:
Schreiber, Yonley & Associates (SYA), on behalf of the City of Granite City, requests a 90-day
extension of the appeal deadline for reimbursement items referenced in the attached December
17, 2003 Illinois Environmental Protection Agency (IEPA) correspondence. SYA received this
correspondence on or about December 22, 2003. Should you have any questions concerning this
submittal, please do not hesitate to contact me at 636-349-8399.
Sincerely,
SCHREIBER, YONLEY & ASSOCIATES
Bryan S. Elledge, R.
.,
P.G.
Environmental Scientist
BSE:bah
Attachment
cc:
City of Granite City
X:\GCFH\020
11
6\Correspondence\Appeal Extenstion Request.doc
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