CARROLLTON CUSD #1,
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
REC~IVED
•
CLERK’S
O~~!CE
BEFORE THE
POLLUTION CONTROL BOARD
OCT
2
7
2003
OF THE
STATE OF ILLINOIS
STATE
OF
ILLINOIS
POllUtj0~Control Board
)
)
)
PCBNo.04-~7(o
)
(LUST Appeal
—
Ninety Day Extension)
)
)
NOTICE
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Sallie Minks,
Project Manager
United Science Industries
P.O. Box 360
6295 East Illinois Highway
15
Woodlawn,
IL
62898-0360
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
Assi~antCounsel
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: October 22, 2003
‘a
RE
C E ~V ED
BEFORE THE
POLLUTION CONTROL
BOARD
CLERK’S
QFP~F
OF THE STATE OF ILLINOIS
OCT
2
7
2003
)
STATE OF ILLINOIS
Petitioner,
PCB No. 04-
~
Pollution
Control Board
ILLINOIS ENVIRONMENTAL
)
(LUST Appeal
-
Ninety Day Extension)
PROTECTION AGENCY,
)
Respondent.
)
REOUEST
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)(l))
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
January 20,
2004,
or any other date not more than a total of one hundred twenty-five
(125)
days from
September
17,
2003,
the date of the Illinois
EPA’s
final decision.
In support
thereof, the Illinois EPA respectfully states as follows:
1.
On September
17, 2003, the Illinois EPA issued
a final decision to
the Petitioner.
(Exhibit A)
2.
On September 23,
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 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
hearing that may be
necessary to resolve this matter.
CARROLLTON CUSD
#1
1
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND AVENUE EAST,
P.O.
Box 19276,
SPRINGFIELD,
ILUN’OIS
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
CERTIFIED MAIL
7002
3150
0000
1224
6320
SEP
~
Carrollton C.U.S.D.
#1
Mr. Wayne Riley
950
3~Street
Carroilton. IL
62016
Re:
•
LPC #0610055006
--
Greene County
Carroilton! Carroilton
C.U.S.D.
#1
950
3~Street
LUST Incident No.
921300
LUST Technical
File
-
Dear Mr. Riley:
The Illinois Environmental
Protection Agency (Illinois EPA) has reviewed the High Priority
Corrective Action Plan Budget (budget) submitted for the above-referenced incident.
This
budget, dated August 22, 2003, was received by the Illinois EPA on September 3, 2003.
Citations in this letter are from the Environmental Protection Act (Act) and 35 Illinois
Administrative Code
(35
Ill. Adm.
Code).
The budget is rejected for the reason(s) listed in Attachment A (Section
57.7(c)(4)
of the Act and
35 Ill. Adm.
Code 732.405(c) and 732.503(b)).
All
future correspondence must be submitted
to:
Illinois Environmental Protection Agency
Bureau ofLand
-
#24
Leaking Underground Storage Tank Section
1021
North Grand Avenue East
Post Office Box
19276
Springfield, IL
62794-9276
Please submit all correspondence in
duplicate and include the Re: block shown at the beginning
ofthis
letter.
An underground storage tank system owner or operator may appeal this decision to
the Illinois
Pollution
Control Board.
Appeal rights
are attached.
ROCKFORD
—4302 North Main Street, Rockfor~~j~jT~
(551 ~
~
‘~‘~‘
-
‘“‘
Plaines, IL 60016 —(847) 294-4000
ELGIN
—
595 South
State,
Elgin, I~
1614— (309)
693-3463
BUREAU
OF
LAND
-
PEORIA
—7620 N.
University
St.,
..........t,
Champaign,
IL 61820 —(217) 278-5800
SPRINGFIELD
—4500 S. Sixth
Street
Rd., Sprin~
nsvi)Ie,
IL 62234
—(618) 346-5120
MAF
PRINTED
ON
RECYCLED
PAPER
Attachment A
Re:
LPC #0610055006 --Greene County
Carrolltonl Carrollton C.U.S.D.
#1
950
3~Street
LUST Incident No.
921300
LUST Technical File
Citations
in this
attachment are from the Environmental Protection Act (Act) and 35 Illinois
Administrative Code
(35
Ill. Adm.
Code).
•
1.
A budget must include a copy ofthe eligibility and deductibility decision(s) made for the
above-referenced
occurrence(s) for accessing the Fund
(35
Ill. Adm.
Code 732.305(b)(2)
and 732.405(b)).
The require document was not included.
-
2.
The Illinois EPA has determined that these costs -are not reasonable as submitted (Section
57.7(c)(4)(C)
ofthe Act and 35 Iii. Adm.
Code 732.606(hh)).
One ofthe overall
goals of
the financial review is to assure that costs associated with materials, activities, and
services are reasonable
(35
Ill. Adm. Code
732.505(c)).
Please note that additional
information and/or supporting documentation may be provided to demonstrate the costs
are reasonable.
DM:drm\HPCAPamBUDdenA.doc
P.O. Box 360
6295
East Illinois Highway 15
Woodlawn,
Illinois 62898-0360
Phone:
(618)735-2411
Fax:
(618) 735-2907
E-Mail: unitedscience@unitedscience.com
September 25, 2003
Illinois Environmental Protection Agency
Division of Legal Counsel-
1021
North
Grand Avenue East
Springfield,
IL 62792-9276
Re:
LPC# 0610055006
—
Greene County
Carroliton/Carrollton CUSD #1
950
3rd
Street
LUST Incident No. 921300
Dear
Mr. John
Kim:
lJ~V~3~Cfl
GiLJ~:
SEP 2~
2~2
E.nviron~nt,;~
A~ncy
lJnited
Science
Industries,
Inc.
(USI),
on
behalf of our client,
Mr.
Mike Barry,
is
requesting
a
90-day extension
to
the
35-day
appeal
period
in
regards
to
the
IEPA
correspondence
dated
September
17,
2003.
A
copy
of
the
correspondence
is attached.
I
appreciate
your
time
and
consideration
in
questions
or comments concerning the
above,
2411.
Sincerely yours,
UNITED SCIENCE
INDUSTRIES,
INC.
~
)~t/~f\IL
Sallie Minks
Project Manager
Enclosures
this
matter.
•
If
you
have
any
please
contact
me at
(618) 735-
UNITED SCIENCE
INDUSTRIES
Copy:
Mr. Mike
Barry
CERTIFICATE OF SERVICE
I, the undersigned attorney
at law, hereby certify that on October 22,
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
Sallie Minks, 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)