RECEIVEE)

BEFORE THE POLLUTION CONTROL BOARD

CLERK’S

OFF1CJ~

OF THE STATE OF ILLINOIS

JUN

9

2003

PETE’S MARATHON,

)

STATE OF ILLINOIS

Petitioner,

)

Pollution Control Board

)

PCB No. 03-

~

ILLINOIS ENVIRONMENTAL

)

(LUST

—

Ninety Day Extension)

PROTECTION AGENCY,

)

Respondent.

)

NOTICE

Dorothy M. Gunn, Clerk

MarlenaMackie

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

---

CLERR~s

OFFICE

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

JUN

92003

PETE’S MARATHON,

)

STATE OF ILLINOIS

ollution Control Boon!

Petitioner,

)

y.

)

PCB No. 03-

ILLINOIS ENVIRONMENTAL

)

(LUST

—

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)(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 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 of time by which to file a petition for review, asking the Illinois EPAjoin in requesting

that the Board extend the thirty-five day period for filing a petition to ninety days.

The Petitioner

represented that the fmal 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 identif~~

issues and

limit the scope of any

hearing that may be necessary to resolve this matter.

1

---

WHEREFORE,

for the

reasons

stated above,

the parties

request that

the Board,

in

the

interest ofadministrative

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

Johi~~~

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

---

O

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH G~NoAVENUE

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

~ERTIFJED MAIL

7~/~’c,~co~t3OSi

APR

2

5

2003

Pet&s Marathon

Attention:

Marlena Mackie

3035

Santa BarbaraDrive

Brookfield, Wisconsin

53005

Re:

LPC#l.214220017--MarionCounty

Centralia/Pete’s Marathon

539

SouthPoplar

LUST Incident #892101

LUST FISCAL FILE

Dear Ms. Mackie:

The Agency has completed the review ofthe request forreimbursement of corrective action costs

from

the Illinois Underground Storage Tank Fund for the above-referenced facility.

The invoices

reviewed covered the period from November 2, 2002 to November 30, 2002.

The amount

requested was $1,708.76.

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 February 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 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 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 ofissuance ofthe final decision.

However, the 35-day

period may be extended for a period oftime not to

exceed 90 days by written notice

from the

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 of the

RocxFoRo —4302

North

Main

Street.

Rockf

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—

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qR7-7Th0

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DEsPIA:NFs

—9511 W.

Harrison

St..

es Plaines, IL 60016— (847)

294-4000

ELGIN

—595 South

State, Elgin

1614— (309) 6935463

BLRE\1,’

OF

L.~o

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PEORIA

-7620

N. University

St

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Champaign, IL 61820 -(217) 278-~800

SPRINGFIELD —4500 S. Sixth Street Rd., Spri

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IL 62234 —(618) 346-5120

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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 ofan 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, please contact Susan Brock of my staff or James Malcom of the

technical staffat 217/782-6762.

~7hc

Do

s E. Oakley, Manager

LUST Claims Unit

I,,

Planning & Reporting

Section

Bureau of Land

DEO:SB:jk\032527.doc

Attachment

cc:

Philip Environmental

Serice Corporation

bcc:

Division File

LCU File

Susan Brock

James Malcom

—

Technical

---

Attachment A

Technical Deductions

Re:

LPC #1214220017

--

Marion County

Centralia/Pete’s Marathon

539 South Poplar

LUST Incident #892101

LUST FISCAL FILE

Item #

Description ofDeductions

$1,708.76,

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

Included in

the technical deduction are the following accounting deductions:

2.

$90.75,

deduction in costs that the owner/operator failed to

demonstrate were

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

Philip Invoice

#62410694, dated December 3, 2002

The following deductions have been made for costs out ofthe billing period:

(a)

Home Depot, dated October 30, 2002 ($13.13 plus

$1.58

handling charge)

(b)

Mileage, October 31, 2002

($58.40

plus $7.00 handling charge).

Note:

mileage is

a stock item and handling charges are ineligible.

1st

Choice Invoice #160809, dated November 3, 2002

(a)

Rush service is ineligible.

The freight and insurance charge to

receive the

equipment was $22.00 (December 2002 reimbursement package) ($10.64)

$90.75 Total Accounting Deductions

DEO:SB:jk\032527.doc

I

---

p.

1

~.z::

~•

~:~c1

~

~!rL’~1

7$~IZ

~

Fax

Tu~

1f—~*~

May

13,

2003

3035

Santa Barbara Drive

—

Brookfield, WI. 53005

Scott

Phillips,

Attorney (?AX

217/782-9807)

Illinois Environrrental Protection Agency

Division of Legal Counsel

1021

North

Grand Avenue

East

Springfield,

Illinois 62794-9276

(217/782-5544)

Re:

Request for 90-Day Extension

of IEPA

Final Determination received May

1,

2003

and’

Request

for

Assistance

in obtaining LUST

Reimbursement

LPC

#1214220017-Marion County

Ceritralia/Pete’s Marathon

539

South Poplar

LUST Incident #89210 1

Dear Mr. Phillips:

This letter

is

a request for a 90-day extension of the

Final Determination

rendered in the

communication

from IEPA received May 1,2003.

During the

extension

period my intent

is

to submit the

necessarydocumentation to receive

the

reimbursement

of

$4885.02.

The following information

describes

the

three

submittals that were denied:

-Billing period

11/l/01-1l/30/02

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 ofsite

investigation activities, review

and evaluation

of data,

and

preparation of

reports.

The requested

reimbursementwas

$2688.56.

The

IEPA

correspondence

that

denied this requests

is not available to attach to

this letter.

Date

Post-ft’

Fax Note,

7671

~

1~114/(,k2-~

CoJDePt.

1401

~page$

-.

From,4’

‘4~c,t/’~-

Co.

I,

—

---

M~13O3O3:29p

Ross

tiackie

282-7e4-8042

-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 have a

messages

for

James

Malcom,

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 ifI need

to do

anything

else to help you

assist me in obtaining

the

90-day

extension.

I can

be

reached at

the

address arid the

telephone

number given

on

this

letter.

Thank

you

for

you assistance in this

very complicated,

lengthy, and

stressftil process of

soil

remediation.

Marlena Mackie

(262)

784-2676

C:

James Malcom (FAX

217/534-4193)

TOTRL

P.~2

---

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

MarlenaMache

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,

Respondent

Jo~~Th

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)