RECEIVED

CLERK’S OPF!CE

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

JUN

92003

PETE’S MARATHON,

)

STATE

OF

ILLINOIS

Petitioner,

)

Pollution

Control Board

v.

)

PCB No.

03-

~j_

l

ILLINOIS ENVIRONMENTAL

)

(LUST

-

Ninety Day Extension)

PROTECTION AGENCY,

)

Respondent.

)

NOTICE

Dorothy M. Gunn, Clerk

Marlena Mackie

Illinois Pollution Control Board

3035 Santa Barbara Drive

James R. Thompson Center

Brookfield, WI

53005

100 West Randolph Street

Suite

11-500

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.

Respectfully 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:

June

5,

2003

---

RECEIVED

CLERK’S

OFFICE

BEFORE THE POLLUTION CONTROL

BOARD

9

~Q

OF THE STATE OF ILLINOIS

~

N

STATE OF ILLINOIS

PETE’S MARATHON,

)

Pollution

Control Board

Petitioner,

)

v.

)

PCBNo.03-

~-7-

I

ILLiNOIS ENVIRONMENTAL

)

(LUST

-

Ninety DayExtension)

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 ofthe thirty-five

(35)

day period forpetitioning for a

hearing to

September 3, 2003,

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

April

25,

2003,

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 May 13, 2003, the Petitioner made a written request to

the Illinois EPA for an

extension oftime 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 May 1, 2003.

(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 thatmay be necessary to resolve this matter.

1

---

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: June

5,

2003

This filing submitted on recycled paper.

2

---

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NoRTH

GRAND AVENUE

EAST,

P.O.

Box

19276,

SPRINGFIELD,

ILLINOIS

62794-9276

JAMES

R.

THOMPSON

CENTER,

100

WEST

RANDOLPH, SUITE

11-300,

CHICAGO,

IL 60601

•

ROD

R.

BLAGOJEVICH,

GOVERNOR

RENEE

CIPRIANO,

DIRECTOR

217/782-6762

CERTIFIED

MAIL

7CC) ~C~I8~i?&)

APR

2

5

2003

Pete’s Marathon

Attention:

Marlena Mackie

3035

Santa Barbara Drive

Brookfield, Wisconsin

53005

Re:

LPC#1214220017--MarionCounty

CentralialPete’s Marathon

539 South Poplar

LUST

Incident #892101

LUST FISCAL FILE

Dear Ms.

Mackie:

The Agency has completed the review ofthe request for reimbursement ofcorrective action costs

from the Illinois

Underground Storage Tank Fund for the above-referenced facility.

The invoices

reviewed covered the period from January

1,2003

to January 31, 2003.

The amount requested

was $2,688.56.

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

from the

Invoice Voucher dated November 8,

1993.

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 March 3, 2003, the Agency received your complete request 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 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 of time 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

operator wishes to receive a 90-day

extension, a written request that includes a statement ofthe

ROCKIORD

—4302 North Main Street, Rockfor~

~.

—--.

...-.

.

flcc

P1

AINFR

—

9511

W.

Harrison

St.,

Des Plaines,

IL

60016— (847) 294-4000

ELGIN

—

595

South State,

Elgin,

11

14 —(309) 6935463

B~JRE~L

OF

LANO

.

PEORIA

—

7620 N. University

St.,

I

Champaign,

IL 61820— (217) 278-5800

SPRINGFIELD

—4500 5. Sixth

Street Rd., Spring

—sville,

IL 62234

—(6181 346-5120

MAR

PRINTED ON

RECYCLED

PAPER

---

Page 2

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 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

Ifyou have any questions, please contact Susan Bróck of my staffor James Malcom of the

technical staff at 217/782-6762.

Dou.gj~’E.Oakley, Manager

LUST Claims Unit

Planning

& Reporting Section

Bureau ofLand

DEO:SB:jk\032528.doc

Attachment

cc:

Philip Environmental

Services Corporation

bcc:

Division File

LCU File

Susan Brock

James

Malcom

—

Technical

Si)

---

-4

Attachment A

Technical Deductions

Re:

LPC#12142200l7--MarionCounty

Centralia/Pete’s Marathon

539 South Poplar

LUST

Incident #892101

LUST

FISCAL FILE

Item #

Description ofDeductions

1.

$2,688.56, deduction for an adjustment in costs due to a lack ofsupporting

documentation (Section 22.1 8b(d)(4)(C) of the Environmental Protection Act).

Costs denied due to lack ofsupporting technical

documentation.

(Billing period

is for

January 2003; no reports received since May

17, 2002.)

DEO:SB:jk\032528.doc

-

---

MRY—13-2gg3

15:33

21778298w?

21?78298a7

P.a1,’a2

~

13 03 O3:28p

Ross

Flackie

282-784-8042

p.1

Post-IrFax

Note

7671

Date

/~//~2$

~~ept.

From/~(

.4,_~f~

Co.

1,z-c’~

Fax~g/~J

7f~Z

-r~9i~

~ax

#(g~

~f—c’T~

Scott Phillips, Attorney

(FAX;

217/782-9807)

Illinois Environmental

Ikotection

Agency

Division ofLegal

Counsel

1021

North

Grand Avenue East

Springfield,

Illinois

62794-9276

(217/782-5544)

Re:

Request for 90-Day Extension of

TEPA Final Determination received May

1, 2003 and’

Request

for Assistance

in obtaining LUST Reimbursement

LPC

#1214220017-Marion

County

Centralia/Pete~sMarathon

539 South Poplar

-

-

LUST Incident #89210 1

Dear

Mr. Phillips:

This

letter is arequest for a

90-day extension

of the Final Determination rendered in the

communication

from

IEPA received

May

1, 2003.

During

the extension period

myinter.t

is

to submit the necessarydocumentation to receive the

reimbursement

of $4.8&5.02.

The following inforn’iation

describes

the

three

submittals

that were denied:

-Billing period

11/l/01-11/30J02.

The work consisted of Site investigation activities,

evaluation

of data, groundwater level measurements, etc.

The requested reimbursement is

$1708.77.

-Billing

period is 11/31/02.

The work consisted of

removal

of

wastewater

by a

subcontractor.

The requested reimbursement is

$487.69.

-Billing period 1/1/03-1/31-03.

The work consisted of site

investigation

activtties, review

and

evaluation of data, andpreparation of reports.

The requested reimbursementwas

$2688.56.

May

13, 2003

‘-

3035

Santa Barbara Drive

—

Brookfield, WI. 53005

The IEPA correspondence that denied this requests

is not available to attach to this

letter.

---

M~Y—13—2ea3 15:33

21778298~7

2177B2~8ø7

P.@2/~2

Ma~ 13 03 03:26p

Ross Mackie

282-7848042

P.2

-

-2-

I am trusting

that

you can

assist me in obtaining

the extension and

in obtaining the

reimbursement for the work completed.

The

same

procedure is being followed

as was used

in the past.

I havea messages for

James

Malcorn, IEPA-Project Manager, explaining this situation and I

have copied him on

this letter.

I was not able to reach Mr. Malcom on the telephone.

Please advise me if

I

need to do anything

else

to help you assist me

in

obtaining

the 90-day

extension.

I can be reached at the address and the telephone number given on

this letter.

Thank

you for you assistance in

this

very complicated, lengthy, and stress~il

process of

soil

remediation.

-

Marlena Mackie

(262) 784-2676

c:

James

Malcom (FAX;

217/534-4193)

TOTAL

P.02-

---

-

CERTIFICATE OF SERVICE

I, the undersigned attorney

at law,

hereby certify that on

June

5,

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:

Dorothy M.

Gunn, Clerk

Marlena Mackie

Illinois Pollution Control Board

3035

Santa Barbara Drive

James R. Thompson Center

Brookfield, WI

53005

100 West Randolph Street

Suite 11-500

-

-

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)