BEFORE
THE POLLUTION
CONTROL
BOARD
OF THE
STATE
OF ILLINOIS
RECEJIVED
PRIME
TIME CITGO,
INC.
)
CLERK’S OFFICE
And ALPHONSUS
OLIEH
)
/4UG
11
2003
Petitioner,
)
STATE
OFILLINOIS
Pollution
Control Board
Vs.
)
PCBNo.03-217
(UST
Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
NOTICE
OF
FILING
To: John
Kim
Dorothy
M.
Gunn,
Special Assistant Attorney
General
Clerk of the Board
Illinois
Environmental Protection
Agency
Illinois
Pollution Control
Board
1021
North Grand Avenue East
James
R.
Thompson Center
P.O.
BOX
19276
Suite
11-500
Springfield,
IL 62794-9276
100 West Randolph Street
Chicago,
IL 60601
PLEASE TAKE
NOTICE
that
on August 11,
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,
an
Open
Waiver
and
a
Motion
to
Consolidate.
Dated
August
11,
2003
Respectfully
Submitted,
By:_______
Shell
J. Bleiweiss
Shell
J.
Bleiweiss
ILARDC
No.
6183004
Law Offices
of
Shell J.
Bleiweiss
321
South
Plymouth Court
Suite
1200 Chicago
IL 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,
APPEARANCE
for
Shell J.
Bleiweiss,
Open Waiver
and
Motion to
Consolidate
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,
IL 62794-9276
Via
U.S.
mail this
1
1th
day of August,
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
1
1th
day
of August, 2003.
Shell
J.
Bleiweiss
BEFORE
THE
POLLUTION
CONTROL
BOARD
OF THE
STATE
OF ILLINOIS
RECE~LVED
CLERK’S
OFFICE
PRIME TIME CITGO,
INC.
)
AUG
11
2003
And
ALPHONSUS
OLIEH
STATE
OF
ILLINOIS
Petitioner,
)
Pollution
Control Board
Vs.
)
PCBNo.03-217
(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:
August 11,
2003.
Prime Time Citgo,
Inc.
and
Aiphonsus
Olieh
By:
_______________
Shell
J.
Bleiweiss
Shell
J.
Bleiweiss
ILARDC
No.
6183004
Law
Offices
of Shell
J. Bleiweiss
321
South
Plymouth
Court
Suite
1 200
Chicago
II 60604
312-360-8782
BEFORE
THE
POLLUTION CONTROL BOARD
OF THE STATE
OF ILLINOIS
RECE~VE~
CLERK’S OFFICE
PRIME TIME CITGO, INC.
)
AUG
11
2003
And
ALPHONSUS
OLIEH
STATE OF ILLINOIS
Petitioner,
)
Pollution
Control Board
Vs.
)
PCBNo.03-217
(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:
August
11,
2003.
Prime Time
Citgo,
Inc.
and
Alphonsus
Olieh
By:
)1~f I~
Shell
J.
Bleiweiss
Shell
J.
Bleiweiss
IL ARDC
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
~ECE~VED
CLERK’S
OFFICE
PRIME TIME CITGO, INC.
)
AUG
11
2003
And ALPHONSUS
OLIEH
STATE
OF ILLINOIS
Petitioner,
)
Pollution
Control Board
Vs.
)
PCBNo.03-217
(UST Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
MOTION
TO CONSOLIDATE
NOW
COMES the
undersigned,
Shell
J.
Bleiweiss,
attorney for
petitioner,
and
requests the
Board to
consolidate
PCB No.
03-217
and
PCB
No. 03-1 88.
Petitioner makes such request
because
both appeals turn
on
exactly the same facts,
costs
and
questions
of law,
and
resolution
of
both
matters will
be most
efficiently
handled together.
Dated: August 11,
2003.
Prime Time
Citgo,
Inc.
and
Aiphonsus
Olieh
By:
//J~i
~
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
RECEIVED
OF THE
STATE
OF ILLINOIS
CLERK’S
OFFICE
AUG
112003
PRIME
TIME CITGO,
INC.
)
STATE OF ILLINOIS
And
ALPHONSUS
OLIEH
)
Pollution
Control Board
Petitioner,
Vs.
)
PCBNo.03-
217
(UST Appeal)
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
PETITION
FOR
REVIEW
OF FINAL AGENCY
LEAKING
UNDERGROUND STORAGE TANK
DECISION
NOW
COMES the Petitioner,
Prime Time
Citgo,
Inc.
and
Alphonsus
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
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
A.
3.
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
B.
4.
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
C.
5.
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.
6.
The grounds for the
Petition
herein
are
as
follows:
7.
The Agency’s reason
for denying
Prime Time’s request for
payment
is that the
alternate housing
costs
which are the subject
of the
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.
8.
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.
9.
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
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
35
III.
Adm.
Code
732.606(g).
Respectfully submitted,
By:___________
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
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
1 1-300, CHICAGO,
IL 60601
ROD
R.
BLAGOJEVICH, GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/782-6762
CERTIFIED MAIL #
~oo~astOoc~t~(
~94
APR
04
2003
Prime Time Citgo, Inc.
Attn:
S. J. Bleiweiss, Chicago Bar Association
.321
South Plymouth Court,
Suite 1200
Chicago, Illinois
60604
Re:
LPC #200 10859
--
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 of your 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
111. Adm.
Code 732,
Subpart F.
This information is dated December 20,
2003 and was received by the
Agency on
January 2, 2003.
The application for payment 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.
On
January 2, 2003, the Agency received your complete application for payment
for this claim.
As a result of the Agency’s review of this application for payment,
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) for payment.
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 of the 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
ROCEFORD
—4302 North Main
Street
Rockford
IL 61103
—(815)
98
EXHI
arrison
St
Des
Plaines
IL
60016— (847) 294 4000
Ficix
—595
South
State
Elgin
IL 60123
—
(847) 608 31
SI
Peoria
IL 61614—1309)
693
~463
BUREAU OF
LAND
PEORIA
—
7670
N
University St
Peoria
IL 61614— (309
~
outh
First Street
Champaign
IL 61820— (217) 278
5800
SPRiNGFIELD
—4500
S
Sixth Street Rd
Springfield
IL 62706—
(717)
~
laB
Street
Collinsville
IL
62234 —(618) 346
5120
MARION
—
2309 W
Main
St
~
993
7200
/
Page2
the
owner or operator and the Illinois EPA within the initial 35-day appeal period.
If the
applicant wishes to receive a 90-day extension,
a written request that includes a statement of the
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:
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 of an 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 Hacknian
of
my staff at 217/782-6762.
Dou5gj.a~’E.Oakley, Manager
LUST Claims Unit
Planning
&
Reporting Section
Bureau of Land.
DEO:LH:ct\03272 1 2.doc
Sincl
Attachment
Law Offices
of
SHELL J. BLEIWEISS
Chicago
Bar Association Building
321
South
Plymouth Court
Suite
1200
Chicago, illinois
60604-3990
Fax:
(312) 360-9212
(312) 360-8782
sbieiweiss@shell-bleiweiss.com
April
25,
2003
Mr.
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
cafl 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
End.
cc:
Ai
Oiieh
F~T1
OSHA
•
ENVIRONMENTAL
LAW
•
LITIGATION
•
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(a)(
1) of the Illinois
Environmental
Protection
Act
(415
ILCS
5/40(a)(l))
and
35
111.
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 l25~
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 oftime 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
represented that the final
decision was received on or about April
7, 2003.
(Exhibit B)
L~J
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 fora 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 of Legal
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
EHIBII
This filing submitted on recycled
paper.
2