HORTENSE SINGER,
)
Petitioner,
)
v.
)
)
)
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
NOTICE
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RECEIVED
CLERK’S OFFICE
MAR 052004
STATE OF ILLINOIS
POII~tj~~Control Board
PCBNo.04-
I
(LUST Appeal
—
Ninety Day Extension)
Sahri D. Zeger, Esq.
Law Offices of Charles C. Snyder, P.C.
2803 Butterfield Road
Suite 380
Oak Brook, IL 60523
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
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)
Dated: March 3, 2004
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
Respondent.
)
•
RECEIVED
CLERK’S OFFICE
MAR 05 2004
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
,~T~ATE‘-Ollution OFControlILLINOISBoard
HORTENSE SINGER,
)
Petitioner,
)
v.
)
PCBNo.04-
)
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 IlL Adm. Code 105.208, hereby requests that theJilinois Pollution
Control Board (“Board”) grant an extension ofthe thirty-five (35) day period forpetitioning for a
hearing to June 1, 2004, or any other date not more than a total ofone hundred twenty-five (125)
days from January 28, 2004, the earliest date of service of the Illinois EPA’s final decision. In
support thereof, the Illinois EPA respectfully states as follows:
1.
On January 27, 2004, the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2.
On February 26, 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. In
a conversation with the Illinois EPA, the Petitioner confirmed the letter was received no earlier
than on January 28, 2004. (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,
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 3, 2004
This filing submitted on recycled paper.
2
FEB—26—2004 13: 19
217782980?
217782980? P. 02/05
Feb.26. 2304 2:13PM Charles C. Snyder, P. C.
No.3743 P. 2
S
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
102?
NoRTH
GRAND
AVENUE
EAST, P.O.
Box 19276, SPJtINcFIELD, ILLINOIS
62794-9276
JAMES
R.
THOMPSON CENTER,
100
WEST RANDOLPH, SUITE
11-300,
CHICAGO,
IL 60601
Roo R.
BLAG0JEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
217/782-6762
CERTIFIED MAIL #
JAN
272004
-
~
Hortense Singer
Attn: Charlie Snyder
2803 Butterfield Road, Suite 380
Oak Brook, Illinois 60523
Re:
LPC#0430833004--DuPage County
Warrenville/Hortense Singer
3 South 338 Rt. 59
•
LUST Incident No. 942631
LUST FISCAL FILE
-
Dear Mr. Snyder:
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)
of the Illinois Environmental Protection Act (Act), and 35 Ill. Adm.
Code 732, Subpart F. This information is dated December 18, 2003 and was received by the
Agency on December 23, 2003. The application for payment Covers the period from November
23, 1994 to June 23, 1995. The amount requested is $65,816.84.
The deductible amount to be assessed on this claim is $100,000.00 which will be assessed on
future claim. 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 December 23, 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 cannotbe
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 oropeiiator 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 ofissuance ofthe final decision. However,
the 35-day period may be extended for a period oftime not to exceed 90 days by writtennotice
RoC~roRD—4302
North
MaIn
Street,
Rockford,
IL 61103
—
(815)987-7760
• Dts
PLAINES
—9511
W. Harrison St., Des
Plaines,
IL 60016— (847) 294-4000
ELGIN —595 South State, Elgin, IL 60123 —(847)608-3131
!
Prtn&~—
5415 N.
Liniversi St.
P ri IL~14 (309) 693.5463
$PNFNGnEW
~45OO,SixthStre~tRdqjS~
~1~7~3~5800
FEB—26—2004 13: 19
217782980?
2177829807 P. 03/05
Feb.26. 2004 2:14PM Charles C. Snyder, P. C.
No.3740 P. 3
Page 2
from the
owner or operator and the Illinois EPA within
the initial 35-day appeal period. If the
applicant wishes to receive a 90-day extension, a written request that includes a statement ofthe
date the final decisionwas received, along with a copy ofthis decision, must be sent to the
Illinois EPA as soon as possible.
For information regarding the filing of an appeal, please contact:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State ofIllinois Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
312/814-3620
For information regarding the filing of an extension, please contact:
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021 North
Grand
Avenue East
Springfield, Illinois 62794-9276
217/782-5544
Ifyou have any questions or require further assistance, please contact Bill Richards ofmy
staff at 217/782-6762.
Sine
ly,
DQn2t~sE.O~1ey,Manager
LUST Claims Unit
Planning & Re$rting Section
Bureau ofLand
DEO:WWR:bjh\043453.doc
Attachment
cc:
K-Plus Environmental Services
FEB—25—2004 13: 19
2177829807
217782980? P.04/05
Feb.26. 2004 2:14PM Charles C. Snyder, P. C.
No.3740 P. 4
Attachment A
Accounting Deductions
Re:
LPC #0430833004
--
DuPage County
Warrenville/Hortense Singer
3 South 338 Itt. 59
LUST Incident No. 942631
LUST Fiscal File
Citations in this attachment are from and the Environmental Protection Act (Act) and 35 Illinois
Administrative Code (35 IlL Adm. Code).
Item #
Description of Deductions
I.
$65,816.84, none of the costs incurred from January 13,
1995
to June 23, 1995, are
eligible for reimbursement. These costs are for activities in excess ofthose necessary
to meet the minimum requirements ofTitle XVI ofthe Act; were conducted after the
20- and 45-day reporting requirements of35 Ill. Adm. Code 732.202(c), 732,202(e),
731.162(b) and 731.163(b); and were not approved in a budget. (Sections
5
7.5(a) and
57.8(a)(1) ofthe Act; 35 III. Adm. Code
732.505(c),
732.601(t), and 732.606(o))
All costs submitted in this claim incurred after(1/12/95) 52 days ofnotifying IRMA,
therefore are deemed ineligible.
The following costs
are included in the above deduction, but are also being denied for other
reasons.
2.
542,662.40, deduction for costs that lack supporting documentation
(35
111. AS.
Code 732,606(gg)). Since there is no supporting documentation ofcosts, the Illinois
EPA cannot
determine that costs were not used for
activities in
excess of those
necessary to meet the minimum requirements ofTitle
XVI ofthe Act (Section
57.5(a)
of the Act
and
35 fl!. Adm. Code 732.606(o)).
Need
Camera & Filmreceipts for $125.00,
asked for on the Equipment Form.
Need a more detailed breakdown of costs for the Canopy Demolition for $1,600.00 on
the Equipment
form.
Need Photograph Development receipts for $68.70, asked for
on the Field Purchases
form.
Need EVOC Analytical Laboratories Invoice for $291.20, asked foron the
Subcontractors form.
Need DrumDisposal Invoice for $2,120.00, asked for on the Subcontractors form,
Need R. Carlson & Sons Invoice for $5,488.00, asked for
on the Subcontractors form.
Need Northbranch Environmental Invoice for
$2,529.50,
asked for on the
Subcontractors form.
FEB—?5--2004 13:19
2177829807
217782980? P.05/05
Feb.26. 2004 2:14PM Charles C. Snyder. P. C.
No.3740 P. 5
Page 2
Need
Van
Hoesen
Industries Invoice for $18,800.00, asked foron the Subcontractors
form.
Need RW Collins Invoice for $11,300.00, asked for on the Subcontractors form.
Need K~PlusInvoice for $340.0, asked for
on the Personnel Summary Sheet,
3.
$1,860.60. deduction for costs which are
unreasonable as
submitted. (Section
57.7(c)(4)(C) ofthe Act and
35
111. Adm. Code 732.606(hh))
Vehicle mileage exceedsreasonability by
$50.16.
Vehicle mileage exceeds reasonability by $6.44.
Sample jars exceeds reasonability by $4.00.
OSPM Registration & Penalty fees for $1,800.00 for ineligible costs.
4.
$3,680.54,
adjustment
in
the
handling charges due to the deduction(s) ofineligible
costs (Section
57.8(f)
ofthe Act and 35 Ill. Adm. Code 732.607).
Reduction ofHandling Charges are due to the above items lacking documentation and
the deduction ofcosts forbeing unreasonable.
DEO:WWR:bjh\043453.doc
Tr1TQI ~ctc
FEB—26—2004 13: 19
2177829807
217782980? P. 01/05
Feb.26. 2004 2:13PM
Charles C. Snyder, P. C.
No.3740 P. 1
LAW
OFFICES
CHARLES C. SNYDER, RC.
Sahri D. Zeger
2803 Butterfield Road .. Suite 380
Email; sze~er~~soc1aw.corn .
Oak Brook, IllInois 80523
Telephone: 630-383-0050
Fax; 630-383-0054
February 26, 2004
Via Facsimile
217-782-9807
John
Kim, Esq.
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021 North Grand
Avenue
East
Springfield. IL 62794-9276
Re~
LPC# 0430833004
—
DuPage County
Warrenvillelllortense Singer
3 South 338 Rte. 59
LUST Incident No. 942631
DearMr. Kim:
Our
office
represents
Mrs. Hortense Singer with respect to the
above
captioned matter. on January 27,
2004, the IEPA
issued
a determination letter rejecting an application for reimbursement in the amount of
$65,816.84. 1 have attached a copy ofthat letter
for your file.
I am hereby requesting, on behalf ofour client, a 90-day extension for filing an appeal with the Illinois
Pollution Control Board.
If you have any question or require further information, please contact me or Mr. Charles Snyder. As I
mentioned in our telephone conversation, I will be contacting you shortly to arrange an initial settlement
conference.
Sincerely,
~SahriD.
Zeger
Enclosures: IEPA Letter dated January 27, 2004 (4 pages)
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on March 3, 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
Sahri D. Zeger, Esq.
Illinois Pollution
Control Board
Law Offices ofCharles C. Snyder, P.C.
James R. Thompson Center
2803 Butterfield Road
100 West Randolph Street
Suite 380
Suite 11-500
OakBrook,IL 60523
Chicago, IL 60601
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)