CLERK’S
OFFICE
JUN
92003
STATE
OF ILLINOIS
Pollution
Control Board
DorothyM. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Respectfully submitted,
Ronald W. Schrack, P.E.
Schrack Environmental Consulting, Inc.
1415 West
22nd
Street
TowerFloor
OakBrook,IL
60523
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 4, 2003
BEFORE
THE
POLLUTION CONTROL BOAR)
OF
THE
STATE OF ILLINOIS
GRAHAM
OIL COMPANY,
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
PCBNo.03-)-~
)
(LUST
—
Ninety Day Extension)
)
)
NOTICE
•PLEASE
TAKE
NOTICE that I have
today
filed
with the
office of the
Clerk
of the Pollution
Control Board a REQUEST FOR NTh~IETYDAY EXTENSION OF APPEAL PERIOD, copies of which
are herewith served upon you.
RECEIVED
CLERK’S
OFFICE
BEFORE
THE POLLUTION CONTROL BOARD
JUN
9
200
OF
THE
STATE OF ILLINOIS
STATE OF ILLINOIS
GRAHAM OIL COMPANY,
)
Pollution
Control
Bciard
Petitioner,
)
v.
)
PCBNo.03-~
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
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
September 2, 2003, or any other date not more than a total ofone hundred twenty-five
(125)
days from the date of the Illinois EPA’ s final decision.
In support thereof, the Illinois EPA
respectfully states as follows:
1.
On
April
30,
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 29, 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
j
oiri in requesting
that the Board extend the thirty-five day period for filing a petition to ninety days.
The Petitioner
did not represent when the final decision was received.
(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
hearingthat may 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 forpetitioning for a hearing.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
Jth~
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 4,
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
•
APR3O
2003
Graham Enterprises, Inc.
Attention:
Eugene Graham
Post Office Box 777
446 North Morris Street
Mundelein, IL
60060-0777
Re:
LPC#03l2883006--
Cook County
Skokie/Graha.m Oil
Co.
5343 TouhyAvenue
LUST Incident ~92O289
LUST FISCAL FILE
Dear Mr. Graham:
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 February 26, 2002 to December 4,
2002.
The amount,
requested was $23,377.77.
The deductible amount for this claim is $10,000.00, which was previously deducted from the
Invoice Voucher dated October 6,
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 February 13,2003, the Agency received your complete request for payment for this claim.
As a result ofthe Agency’s review of this claim, a voucher for $21,296.97 will be prepared for
submission to the Comptroller’s Office for payment as funds become available based upon the
date the Agency received your complete request for payment ofthis
claim.
Subsequent claims
that have beenlare submitted will be
processed based upon the date complete subsequent billings
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 ofthe 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
ROCKFORD —4302
North
Main
Street,
Rockfor
L
I~1
101
—
(RI
51
987-7760
•
DE~IAI~—
9511
W.
Harricnn
s
Plaines,
IL 60016— (847)
294-4000
ELGIN
—
595 South State, Elgin,
1614
—
(309) 693-5463
BUREAU
OF
LAND
-
PEORLA
—7620
N. University St.,.
•
.
.
t,
Champaign, IL 61820— (217) 278-5800
SPRINGFIELD
—
4500 S. Sixth
Street
Rd.,
Sprin
~)nsviIIe,IL 62234— (618)
346-5120
MA
PRINTED
ON
RECYCLED
PAPER
Page 2
owner or operator and the Illinois EPA within the initial 35-day appeal period.
Ifthe owner or
operator wishes to
receive a 90-day extension, a written request that includes a statement ofthe
datethe 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 appeaI~,
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 ofan
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 Bill Richards of my staff or Tom Henninger at
217/782-6762.
DEO:WWR:jk\032462.doc
Attachment’
E.
Oakley, Manager
LUST Claims Unit
Planning & Reporting Section
Bureau ofLand
cc:
Schrack Environmental Consulting, Inc.
Attachment A
Accounting
and
Technical Deductions
Re:
LPC#0312883006--CookCounty
Skokie/Graham OilCo.
5343 TouhyAvenue
LUSTIncident #920289
LUSTFISCALFILE
Item#
Description ofDeductions
Accounting
-
1.
$631.97, deduction in costs that the owner/operator failed to demonstrate were
reasonable (Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).
Mileage exceeds reasonability by $206.97.
Reduced Support Vehicle (1) by $425.0O because it was
notused
for full days by
personnel.
Technical
-
.
2.
$1,448.83, deduction in costs that the owner/operator failed to demonstrate were
reasonable (Section 22.1 8b(d)(4)(~)ofthe Environmental Protection Act).
Need to itemiz/1explain ~hy
so high.
DE.O:WWR:jk\032462.doc
Environmental
Site
Assessments
and
Remediation
Management
Services
May 29, 2003
Mr.
JohnKim
Illinois Environmental
Protection Agency
DivisionofLegal Counsel
1021 NorthGrand Avenue East
Springfield, Illinois
62794
-
9276
RE:
LPC#0312883006--CookCounty
Skokie/OrahamOilCo.
5343 TouhyAvenue
LUST IncidentNumber: 920289
DearMr. Kim:
Thiscorrespondence is
being submitted
to request a 90
day
extensionto resolve the issues associated
with
theLUST reimbursement request flied for the above referenced property.A copyofthe April
30, 2003 determinationletterreceivedfromtheJEPAfor the subject site
is provided as Attachment
A.
SECT, the consultant and agent for the owner ofthe subject property, submitted a correspondence
to
Mr.
Thomas
Henninger
of the
LUST
Section
responding
to
the
deductions
made
in the
aforementioned determination letter. A copy ofthe May
5,
2003 response letter submitted by
SECT
is provided in Attachment B.
The property owner would prefer to
resolve this issue
without filing
an appeal with the Illinois
Pollution ControlBoard. Ifyou have any questions concerning this correspondence, please feel free
to
contact me at 630
-
243
-
1777.
Thankyou for your assistance with this matter.
Sincerely,
ELLA~)
RonaldW
President
PN: 0017.02
CC: Mr.Eugene W.
Graham
-
Graham Oil Company
g
-I
SCH RACK
ENVIRONMENTAL
CONSULTING,
INC.
• ~
1415 West 22nd Street
Tower Floor
Pr,nted
on recycled paper
Oak
Brook, Illinois
60523
Phone:
(63c1
243-1777
Fax:
(~20’~
243-1585
CERTIFICATE OF SERVICE
I, the undersigned attorney
at law,
hereby certify that on June 4,
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. Guim, Clerk
Ronald W. Schrack, P.E.
Illinois Pollution Control Board
Schrack Environmental Consulting,
mb.
James R. Thompson Center
1415 West 22’~
Street
100 West Randolph Street
Tower Floor
Suite 11-500
Oak Brook, IL
60523
Chicago, IL 60601
‘
•
.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
John
if.. Kim
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)