BEFORE
THE
POLLUTION
CONTROL BOARD
OF THE
STATE OF ILLINOIS
PRIME TIME CITGO, INC.
And AIPHONSUS OLIEH
Vs.
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY,
Respondent.
PCBNo.03-188
(UST Appeal)
RECEIVED
CLERK’S
OFP(’r~
JUL
92003
STATE OF ILLINOIS
Pollution
Control Board
NOTICE
OF FILING
To:
John
Kim
Special Assistant Attorney General
Illinois
Environmental
Protection
Agency
1021
North Grand
Avenue East
P.O.
BOX
19276
Springfield,
IL
62794-9276
Dorothy
M. Gunn,
Clerk of the
Board
Illinois Pollution
Control
Board
James
R.
Thompson
Center
Suite
11 -500
1 00 West
Randolph Street
Chicago,
IL
60601
PLEASE TAKE NOTICE that on Wednesday,
July
9,
2003,
I
filed with
the Clerk of the
Illinois
Pollution Control
Board of the State
of
Illinois
an
original,
executed
copy of a
Petition for
Review
of
Illinois Environmental
Protection
Agency
Decisions,
an
Appearance for
Shell J.
Bleiweiss,
and
an
Open Waiver.
Dated
July
9, 2003
Respectfully Submitted,
Shell
J.
Bleiweiss
IL ARDC No.
6183004
Law Offices of
Shell
J.
Bleiweiss
321
South Plymouth
Court
Suite
1200 Chicago
IL
60604
312-360-8782
By:
Shell
J.
Bleiweiss
BEFORE THE POLLUTION
CONTROL BOARD
RECEIVED
OF THE
STATE OF ILLINOIS
CLERK’S
OFFICE
JUL
92003
PRIME
TIME
CITGO,
INC.
)
STATE OF ILLINOIS
And
ALPHONSUS
OLIEH
)
Pollution Control Board
Petitioner,
Vs.
)
PCBNo.O3-
188
(UST Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
PETITION
FOR
REVIEW OF FINAL
AGENCY
LEAKING
UNDERGROUND STORAGE TANK
DECISIONS
NOW
COMES the
Petitioner,
Prime Time Citgo, Inc.
and
Aiphonsus
Olieh
(“Prime Time”),
by their attorney,
Shell
J.
Bleiweiss,
and, hereby
requests
that the Illinois Pollution
Control
Board
(“Board”) review the final
decisions of the
Illinois
Environmental
Protection
Agency (“Agency”)
in the
above cause,
and
in support thereof, Prime Time respectfully states
as
follows:
1.
On
December 30,
2002,
Prime Time submitted
a budget and
request for
payment application to the Agency.
2.
On
March
3,
2003,
the Agency
issued
a final
decision
to
Prime
Time
(received March
6,
2003) denying
the
budget, a copy of which
is
attached hereto
as
Exhibit A.
3.
On
March
1 7, 2003,
Prime Time made
a
written request to the
Agency for
an extension of time by
which to file
a petition
for
review,
a copy
of which is
attached
hereto
as
Exhibit B.
4.
On
April
1 8,
2003,
the Agency joined
in
Prime Time’s request that
the Board
extend
the thirty-five day period for filing
a petition,
a copy of
which
is attached
hereto
as Exhibit
C.
5.
On
April
4, 2003,
the Agency
issued
a final
decision
to
Prime Time
(received on
or about April
7,
2003) denying the
request for
payment
application,
a copy of which
is
attached
hereto
as
Exhibit
D.
6.
On April 25,
2003,
Prime
Time made a
written request to the
Agency for
an extension of time by which to file
a petition
for
review,
a copy
of which
is attached
as
Exhibit
E.
7.
On May
1 2,
2003,
the Agency joined
in Prime Time’s
request that
the board
extend
the thirty-five
day period for filing
a petition,
a copy of
which is attached
hereto
as
Exhibit
F.
8.
On
April
1 7,
2003,
the Board
opened
docket number PCB 03-1 88,
and allowed Prime Time
until July
9,
2003 to file this appeal of the Agency’s
budget denial.
9.
On
June
5,
2003,
the
Board
opened docket number PCB-03-217,
and allowed Prime Time
until
August
11, 2003
to file this
appeal of the
Agency’s denial
of
Prime Time’s payment
request.
10. The
grounds for the
Petition
herein
are
as follows:
11. The Agency’s
reason for
denying
Prime Time’s budget and
associated
request for payment
is that the alternate
housing
costs
which
are
the subject of the budget and
request are not corrective
action
costs,
or,
in
the alternative, are costs
in excess of those necessary to meet the
minimum
requirements of Title XVI
of the Act.
1 2.
Prime Time disagrees with
the Agency
decision, and
believes
that
under the circumstances of this case these costs
are corrective
action
costs,
and
do
no exceed the
minimum requirements of Title XVI.
1 3.
In this case,
the Agency sought
and
received
a court order that
Prime Time provide alternate housing
(the costs
at issue
in this appeal) to the
family next door,
whose house had
been rendered
unsafe
as
a direct result of
the release from
Prime Time’s
neighboring
service station.
WHEREFORE,
Petitioner,
for the reasons
stated above,
requests that
the Board
reverse the decisions
of
the Agency
and
rule
in favor of
Petitioner’s
request for
approval of
its
budget and payment request
as being
necessary corrective
action
costs,
and eligible for
payment from the UST
Fund,
and that Petitioner recover its attorney’s
fees and
costs
incurred
herein
pursuant to 415
ILCS 5/57.8(l)
and
35111. Adm.
Code 732.606(g).
Respectfully
submitted,
By:
Ij~/
~
Shell
J. Bleiweiss, Attorney
For
Petitioner.
Shell J.
Bleiweiss
ILARDC
No. 6183004
Law Offices of
Shell
J.
Bleiweiss
321
South
Plymouth
Court
Suite
1200 Chicago
IL
60604
312-360-8782
BEFORE
THE
POLLUTION CONTROL BOARD
OF THE
STATE
OF ILLINOIS
PRIME TIME
CITGO,
INC.
And ALPHONSUS
OLIEH
Petitioner,
Vs.
)
PCBNo.03-188
(UST Appeal)
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
APPEARANCE
NOW
COMES the
undersigned,
Shell
J.
Bleiweiss,
and
enters
an
appearance for the
Petitioner in the above captioned
matter.
Dated: July
9,
2003.
Prime Time
Citgo,
Inc.
and
Alphonsus
Olieh
By:
//~‘~‘/‘
~
Shell
J.
Bleiweiss
Shell
J.
Bleiweiss
ILARDC
No. 6183004
Law
Offices of
Shell
J.
Bleiweiss
321
South Plymouth
Court
Suite
1200 Chicago
II
60604
312-360-8782
BEFORE THE
POLLUTION
CONTROL
BOARD
OF THE
STATE
OF ILLINOIS
PRIME TIME CITGO,
INC.
And
ALPHONSUS
OLIEH
Petitioner,
Vs.
)
PCBNo.03-188
(UST Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
OPEN
WAIVER
NOW
COMES
the
undersigned,
Shell
J.
Bleiweiss,
and
waives
the
decision
deadline completely
and
unequivocally.
Dated: July
9,
2003.
Prime Time
Citgo,
Inc.
and
Alphonsus
Olieh
By:
~
/~
Shell
J.
Bleiweiss
Shell
J.
Bleiweiss
ILARDC
No.
6183004
Law
Offices of
Shell
J.
Bleiweiss
321
South Plymouth
Court
Suite
1200 Chicago
II 60604
312-360-8782
CERTIFICATE
OF SERVICE
I, on oath
state that
I
have
served the attached
PETITION
FOR
REVIEW
OF ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY DECISIONS
and
APPEARANCE
for
Shell
J.
Bleiweiss
and
Open Waiver by placing
copies
in
an envelope addressed
to:
John
Kim
Special Assistant Attorney General
Illinois. Environmental Protection
Agency
1021
North
Grand Avenue
East
P.O.
BOX
19276
Springfield,
JL 62794-9276
Via
U.S.
mail this
9th
day of July,
2003.
Dorothy M.
Gunn,
Clerk of the
Board
Illinois Pollution
Control Board
James
R.
Thompson Center
Suite
11-500
1 00 West Randolph Street
Chicago,
IL
60601
Via
hand
delivery this
9th
day
of July,
2003.
//4L2L
/~
Shell J.
Bleiweiss
53C851553S
SI’1ALL_ELJSINESS_ACCT
/
P~tGE
~2
ILLINOIS
ENVIRONMENTAL
PROTECTION Ac;ENcy
~
1021 Nog~-t
CRA~)AVEHUE
EAST.
P~O.
Box 19276,
.Si’t~ir.a~,iir:~,
iIItNc~
(~27’)4-’J.~7~
JA.MEs
R.
THo~.w5ONCENn-~,100
WEST
R.ANootrti,
Situ,
Il
~3OO,
Ci u .~c.II
(~0~~()
I
Roo
R.
BLAGOJEVICH, GOV~NOR
RrNr:
CIpi~t,\N(,
OR~t~io~
CERTIFIED
MA!!.
~IARO~~
02
2030
00
152.U39~.
Ci
(go
Atm: Al Ouch
1700 N. Farnsworth
Ave., Suite 24
Aurora, IL.
60505
Re:
LPC #0894075871
-
Kane County
Aurora/Citgo
420 N. Farnsworth Ave.
LUST f.ncident No. 200 10S59
LUST Technical File
Dear Mr.
Olieh:
The
Illinois Environme~tal
Protection Agency (Illinois EPA) has reviewed the amcndnlL’n(
to thc
High Priority Corrective Action
Plan
Budget (budget) subrnittcd
for thc abovc-refcrctic~cj
incident.
This budget,
dated December 31, 2002,
was received by the Illinois EPA
on i~uiuary
2.
2003.
Citations
in this letter are front the Environmental Protect
10
n
Act (Act) and 35
flhinois
Adrnirjistratjvc
Code
(35
III. Adm. Code).
The budget
is
rejected forthe reason(s) listed in Attachment A (Section 57.7(c)(4) ~1thc
Act
and
35
111.
Adrn.
Ctxle
732.405(c)
and
732.503(b)).
All future correspondence must be
submitted to:
Illinois Environmental Protection Agency
Bureau of
Land
-
#24
Leaking Underground Storage Tank Section
102!
North Orand
Avenue East
Post Office Box
19276
SpringfieJd~
IL
62794-9276
—
4302 North
Main Street. Rockford, Ii 61103—1815) 987.77~o
D~
Pt~i~
—9511
W.
H~,rrho,t
5t.~
l)~l’l,,Itu~.
ii
1,1)01
(.
p147t .“,-i .i~,tp
—
595
South
5t~t~,
~l~in,
U.. ~.0123
—
(847) &08-3 1.31
Pft,KIA
—5415 N.
Urtiv~.r~.tiry
St.,
P~.ttrj.t,II
(.11,14
C
11)9)
1,91
‘4).(
.
Pnwj,~—
7620
N.
t)niver5i(y St..
P~ria.
IL 61~l4-(309)
695-5462
•
CHA~.u’~g;e,.
212.5
South
F~r~t
SCrv~).
~
ii
I.C8.~l t.’I;) f/0
~fl~1)
~StxtN(,t
1)
—
4500 S.
Sixth
Street
Rd., Springfield,
II ‘~27Q~
—
(2
‘‘“
‘~‘ ‘‘
Sirt.i’r,
ollin~tvfli,..
II
)~.!j
(.1
(1. I 1))
1)!.
1
..~&)
MA~tON
—
2309 w. M~n
.mo
217/782-6762
63as5i5538
FA~
Fj3
Please submit all correspondence in duplicate and include the
Re: block shown at the hc~inning
of this letter.
An underground storage tank system owner or operator may appeal this decision to
the lIIi~Ois
Pollution Control Board.
Appeal rights
are attached.
if you have anyquestions or need further assistance, please contact Scott
McGill at (217)1524-
C~/76~/~
lj#~J~L~
Clifford L. Wheeler
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
Attachment:
Attachment
A.
Appeal Rights
c:
Conestoga-Rovers
& Associates
Div~sjon
File
t~.
Page 2
S~ALL_~INESS..ACCT
5137.
Sincerely,
CLW:SM:
Fax: (312)
360-9212:
;.
March
17,
20O~3
:.
Mr.
John
Kim,
Attorney
Illinois Environmental
Protection Agency
1021
N.
Grand Ave.
East
P.O.
Box
19276
Springfield,
IL
62794-9276
S
Law Offices o~
BLEIWE~SS
Chicago BarAssociation Building
321
South Plymouth
Court
Suite
1200
Chicago,
Illinois 60604-3990
(312) 360-8782
E-mail: sbleiweiss@aol.com
Re:
Prime Time Citgo
—
LUST
Incident
No. 20010859
Dear John:
Prime Time
Citgo wishes to
extend
its
time
to
appeal
from the
IEPA’s
March
3,
2003
denial
(received
March
6, 2003)
by
90
days.
A copy of that
denial letter
is
enclosed.
During the extended
appeal timeframe we request
a meeting or conference
call
to discuss
possible
reconsideration
or compromise
of the denial.
We also
request that
IEPA consider the indemnification procedure of Section
57.8
of the
Environmental
Protection
Act,
in addition to
LUST
reimbursement.
Very truly yours,
Shell
J.
Bleiweiss
cc:
Al
Olieh
RECE~V~D
~
of
Lr~q~J
Ccun~
MAR
19
2003
~nvIronmentaJ
PtOte~~j0~.
Agency
OSHA
—,
ENVIL.
I(AL
LAW
LITIGATION
BEFORE THE POLLUTION CONTROL BOARI~
OF
THE
STATE OF ILLINOIS
PRIME TIME CITGO,
)
Petitioner,
)
v.
)
PCB No. 03-
ILLINOIS ENVIRONMENTAL
)
(LUST Appeal
—
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~(l)of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/40(a)(l))
and
35
Ill.
Adm.
Code
105.298,
hereby requests
that
the
Illinois
Pollution
Control Board (“Board”) grant an extension of the thirty-five
(35)
day period forpetitioning for a
hearing
to July 9,
2003, or any other date not more than a total ofone hundred twenty-five (125)
days
from
March
6,
2003,
the date of service of the
Illinois
EPA’s
final decision.
In support
thereof, the Illinois EPA respectfully states as follows:
1.
On March
3,
2003,
the
Illinois
EPA
issued
a
final
decision
to
the
Petitioner.
(Exhibit A)
2.
On March
17,
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 Petitionerrepresented that the final decision was received on March 6,
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
—~
/:
I
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
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: April 8, 2003
EXHIBIT
Thiser.
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
Ron
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO, DIRECTOR
217/782-6762
CERTIFIED MAIL #
~
~94
APR
0
4
71303
Prime Time Citgo,
Inc.
Attn:
S. J. Bleiweiss, Chicago Bar Association
321
South Plymouth Court, Suite
1200
Chicago, Illinois
60604
Re:
LPC #20010859--Kane County
Aurora/Prime Time Citgo
420 North Farnsworth
LUST
Incident No. 20010859
LUST FISCAL FILE
Dear Mr. Bleiweiss:
The Illinois Environmental Protection Agency has completed the review ofyour application for
payment from the Underground Storage Tank Fund for the above-referenced LUST incident
pursuant to
Section
57.8(a)
of the Illinois Environmental Protection Act (Act), and 35 Ill. Adm.
Code 732, Subpart F.
This
information is dated December 20, 2003 and was received by the
Agency on January 2,
2003.
The application forpayment covers
the period from May 22, 2001
to
December 31, 2002.
The amount requested is $38,914.99.
The deductible amount for this claim is $15,000.00, which was previously deducted from the
billing submittal received by the Agency on April 25, 2002 for$88,416.24.
There are costs
from
this claim that are not being paid.
Listed in Attachment A are the costs that are not being paid
and the reasons these costs are not being paid.
OnJanuary 2, 2003, the Agency received your complete application for payment for this claim.
As
a result ofthe Agency’s review ofthis application forpayment,
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 application(s) forpayment.
An underground storage tank owner or operator may appeal
this final decision to the Illinois
Pollution Control Board (Board) pursuant to Section
57.8(i)
and Section 40 ofthe Act by filing
a
petition for a hearing within 35 days afterthe 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
ROCKFORD
—4302 North Main Street, Rockford,
IL 61103 —(8)5) 987-1
arrison
St.,
Des
Plaines, IL 60016 —(847) 294-4000
ELGIN
—595 South State, Elgiri,
IL 60123
—(847) 608-313
St.,
Peoria,
IL 61 614
—(309) 693-5463
BUREAU
OF
LAND
-
PEORIA
—7620 N. University St.,
Peoria, IL 61614—
(‘‘
outh First Street, Champaign,
IL 61820 —(217) 278-5800
SPRINGFIELD
—4500 S.
Sixth Street
Rd., Springfield,
IL 62706—
(2171
7
laO
Street,
ColIinsville, IL 62234 —(6181 346-51 20
MARION
—
2309 W. Main
St..
993-7200
Page 2
the owner or operator and the Illinois EPA within the initial 35-day appeal
period.
Ifthe
applicant wishes
to receive a 90-day extension, a written request that includes a statement ofthe
date the
final
decision was received, along with a copy of this decision, must be
sent to the
Illinois EPA as soon as possible.
For information regarding the filing of an appeal, please contact:
DorothyGunn,
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
If
you
have
any
questions or require further
assistance, please contact Lieura Hackman of
my staff at 217/782-6762.
DEO:LH:ct\0327212.doc
Attachment
z
/
Oakley, Manager
LUST Claims
Unit
Planning & Reporting Section
Bureau ofLand
Law Offices
of
SHELL J. BLEIWEISS
Chicago
Bar Association Building
321
South
Plymouth
Court
Suite 1200
Chicago, Illinois
60604-3990
(312) 360-8782
/I~
sbleiweiss @ shell-bleiweiss.com
April 25, 2003
Ivir.
John
Kim, Attorney
Illinois
Environmental Protection Agency
1021
N.
Grand Ave.
East
P.O.
Box
19276
Springfield,
IL
62794-9276
Re:
Prime Time Citgo
—
LUST Incident
No. 20010859
Dear John:
Prime Time
Citgo
wishes to
extend
its time to
appeal
from the
IEPA’s
April
4,
2003 denial
(received
on
or about April
7,
2003)
by 90
days.
A
copy of that
denial
letter is
enclosed.
..
During the extended
appeal
timeframe we request
a meeting or
conference
call
to
discuss
possible
reconsideration or compromise of.the
denial.
We
also
request that
IEPA consider the
indemnification
procedure of
Section
57.8
of the
Environmental Protection Act,
in
addition to
LUST reimbursement.
cc:
Al
Oiieh
Very truly yours,
Shell J.
Bleiweiss
OSHA
•
ENVIRONMENTAL
LAW
•
LITIGATION
Fax: (312) 360-9212
End.
BEFORE
THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
PRIME TIME CITGO,
)
Petitioner,
)
v.
)
PCB No. 03-
ILLINOIS ENVIRONMENTAL
)
(LUST Appeal
—
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(à)(1)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/40(a)(1))
and
35
III.
Adm.
Code
105.208,
hereby
requests
that
the
Illinois
Pollution
Control Board (“Board”) grant an extension of the thirty-five
(35)
day period for petitioning for a
hearing to
August
11,
2003,
or any other date not more than a total of one hundred
twenty-five
(125)
days from April
7, 2003,
the date of service of the Illinois EPA’s final decision.
The
125th
day from the date of service
is August
10,
2003,
a Sunday, and
the next business day is August
11, 2003.
In support thereof, the Illinois EPA respectfully states as follows:
1.
On
April
4,
2003,
the
Illinois
EPA
issued
a
final
decision
to
the
Petitioner.
Exhibit A)
2.
On April 25, 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 final decision was received on or about April 7,
2003.
(Exhibit B)
r
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.
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: May 12, 2003
EXHIBIT
EP•1
I
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2
ILLINOIS
POLLUTION
CONTROL BOARD
MEMORANDUM
TO:
Board Members
FROM:
John Therriault,
Clerk’s Office
DATE:
July
9,
2003
RE:
PCB 2003-188, Prime Time
CITGO,
Inc. ,v.
IEPA
This
petition,
with
a
$75.00
filing fee, was submitted seeking review of
(a) the
March
3,
2003, decision of the
Agency
to
reject
Petitioner’s
High
Priority
Corrective Action
Plan
Budget and
(b) the April
4,
2003,
decision
of the
Agency~s
denial
of payment from the
Underground
Storage
Tank Fund for
$38,914.99
covering the
period
from
May22,
2001
to December31,
2002.
Prime
Time CITGO
is also
named
in
docket
ROB 03-217 that
is
based
on the
appeal of
letter
(b) above and
is extended
until
August
11, 2003.
I have
advised the attorney for the
Petitioner
that the Board will accept the
March
3, 2003,
letter as
the
decision
being appealed
as docket
POB
2003-188,
but that
he
Will
need
to
repetition the
Board, with the appropriate
filing fee,
by
August
11, 2003,
under docket
ROB 03-2
1 7.
He can
request that the
two
matters
be consolidated,
but they must
still be
submitted separately
since two
separate
Agency decisions
are
being appealed.