1. NOTICE
      2. REQUEST FOR NINETY DAY EXTENSIONOF APPEAL PERIOD
      3. CERTIFICATE OF SERVICE
CLERK’S
~‘7~V~’~
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
JUN
9
2003
PETE’S MARATHON,
)
Pollution
Control Board
Petitioner,
)
v.
)
PCBNo.03-
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
R~.CE1IV~D
CLERK’S
OFF~(”
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
JUN
9
~U03
PETE’S MARATHON,
)
STATE OF ILLINOIS
•
Pollution
Control Board
Petitioner,
)
V.
)
PCB No. 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
5/40(a)(l))
and
35
Iii.
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 ofone hundred twenty-five
(125)
days from the date of service ofthe 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 joinin 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 that may be necessary to resolve this matter.
1
WHEREFORE, for the reasons
stated above,
the parties
request that
the Board,
iii
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,
CHlc,~cO,
IL
60601
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/782-6762
~RTIFIED
MAIL
~
/a~I~XQS
APR
25
2003
Pete’s Marathon
Attention:
Marlena Mackie
3035 Santa Barabara Drive
Brookfield, Wisconsin
53005
Re:
LPC#1214220017--MarionCounty
Centralia/Pete’s Marathon
539 South Poplar
LUST Incident #892 101
LUST FISCAL FILE
Dear Ms. Mackie:.
The Agen~y
has completed the review ofthe request for reimbursementof corrective action costs
from the Illinois Underground Storage Tank Fund forthe above-referenced facility.
The invoices
reviewed covered the period from December
1, 2002 to
December 31, 2002.
The amount
requested was $487.69.
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 forpayment 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 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
ROCKFORD
—4302 North Main Street, Rockf~
---
-—-
~
Plaines, IL 60016— (847) 294-4000
ELGIN
—595 South
State, Elgin,
1614
-~
(309) 693-5463
BURE-\U or
LAD
-
PEORIA
—
7620
N,
University St_
_~t,ChampaiRn, IL 61820 -(217) 278-5800
SPRINGFIELD
—4500 S. Sixth Street Rd., Spri
nsville,
IL 62234— (618) 346-5120
M
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 of Illinois 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
Springfleld, Illinois 62794-9276
217/782-5544.
Ifyou have any questions, please contact Susan Bróck ofmy staffor James Malcom ofthe
technical staff at 217/782-6762.
Since
ly,
~
Do
s E. Oakley, Manager
LUST Claims Unit
Planning
& Reporting
Section
Bureau of Land
DEO: SB:jk\032529.doc
Attachment
cc:
Philip Environmental Services Corporation
bcc:
Division File
LCU File
Susan Brock
James Malcom
—
Technical
•
Attachment A
Technical Deductions
Re:
LPC#1214220017--MarionCounty
Centralia/Pete’s Marathon
539
South Poplar
LUST Incident #892101
LUST FISCAL FILE
Item #
Description ofDeductions
1.
$487.69, deduction for an adjustment in costs due to
a lack ofsupporting
documentation (Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).
Costs denied due
to
lack ofsupporting technical documentation.
Accounting Deductions
Included in the technical deduction is the following accounting deduction:
2.
$28.00, deduction in costs that the owner/operator failed to demonstrate were
reasonable (Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).
Philip Invoice #62410875, dated January 6, 2003:
Gateway Petroleum Co.
Invoice
No. 17637, dated December
17, 2002, Stop Fee ($25.00) plus handling charge ($3.00).
$28.00 Total Accounting Deductions
DEO:SB:jk\032529.doc
,0.(
(b(
l1a~ 13 03 03:28p
•.
Ross Nackie
•
•
282-784-8042
p.~1
Post.it’
Fax
Note
-
7671
Date
13c17t
~1i-~I
_______________
•
-
:/~t~~
&;~5~
From,~(
.4ic?,’
~
Co.
~~?9
~,z-c~!
F~7/4/
7$~~2
-~~~‘7
Fax
rilM
~‘f-f~
Scott
Phillips,
Attorney
(FAX
217/782-9807)
Illinois
Environmental Protection 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’s Marathon
539
South Poplar
LUST Incident
#89210
1
Dear Mr. Phillips:
This
letter is a request fora 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 reimbursementof $4885.02.
The followinginformation describes the three submittals that were denied:
-Billing period
11/1/01-11/30/02.
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 ofwastewater by a
subconnactor.
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.
—‘-I’
May
13, 2003
‘—
3035 Santa Barbara Drive
Brookfield, WI.
53005
—
21778298~’?
P~
1303
03:28p
Ross
~ckie
282-784-8042
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 have amessages forJames
Malcom, IEPA-Project
Manager, explaining
this situation
and I
have
copied him on
this letter.
I was not able to reach Mr. Maicom 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 atthe address and the telephone number given on this letter.
Thank you for
you assistance
in this very complicated, lengthy,
and
stressftil process ofsoil
rernediation.
Marlena
Mackie
(262) 784-2676
C:
James Malcom(FAX
217/534-4193)
TOTAL
P.~2
I
CERTIFICATE OF SERVICE
I, the undersigned
attorney
at law, hereby certify that onJune
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,
Respondent
Assistant Counsel
Special AssistantAttorney General
Division ofLegal Counsel
•
1021 North Grand Avenue, East
P.O. Box
19276
Springfield, Illinois
62794-9276
217/782-5544
217/782-9143 (TDD)

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