WET ENTERPRISES,
BEFORE
Petitioner,
V.
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
)
NOTICE
RECEIVED
CLERRIS OFr,,~
BOARD
IWG
2
7
2003
STATE
OF ILLINOIS
Pollution
Control Board
PCB No. 04-
(LUST Appeal
—
Ninety Day Extension)
4
1L
~
Dorothy M. Gunn, Clerk
Robert J. Puifrey, 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
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
Special Assistant Attorney General
Division of Legal Counsel
1021 NorthGrand Avenue, East
P.O.
Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143
(TDD)
Dated: August
15, 2003
(y~
)
)
)
0I~flf\flflfl
RECEIVED
~~!1(oiII~II~\
Ii
CLERK’S
nFrv~r
BEFORE
THE
~f~~J~OARD
AUG
272003
STATE
OF ILLINOIS
WEI ENTERPRISES,
)
Pollution Control Board
Petitioner,
)
V.
)
PCB No. 04~
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)(1))
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 November
17,
2003,
or any other date not more than a total of one hundred twenty-
five
(125)
days
from
July
15,
2003,
the
date of the
Illinois
EPA’s
final
decision. In
support
thereof, the Illinois EPA respectfully states as follows:
1.
On
July
15,
2003,
the
Illinois
EPA
issued
a
final
decision
to
the
Petitioner.
(Exhibit A)
2.
On July
16,
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
EPAjoin 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 ofany
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 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 of Legal Counsel
1021
North Grand Avenue, East
P.O. Box
19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143
(TDD)
Dated: August
15,
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,
CHICAGO,
IL
60601
ROD
R.
BLAGOJEVICI-I, GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
21 7/782-6762
JUL
152003
\JC)
Wei Enterprises
Attention:
Susan Wei
Post Office Box 834
O’Fallon,
IL
62269
Re:
LPC #1631255004-- St.
Clair County
ShilohlWei Enterprise
529 Maple Street
LUST Incident No. 982804
LUST
FISCAL FILE
Dear Ms.
Wei:
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) ofthe Illinois Environmental Protection
Act (Act), and
35 Iii. Adm.
Code 732. Subpart F.
This information is dated April 30, 2003
and was received by the Agency
on
May 2. 2003.
The application for payment covers the period from February
1, 2003
to
March 31. 2003.
The amount requested is
59.161.06.
The deductible amount
for this claim is
51 0.000.00,
which was previously deducted from the
Invoice ‘Voucher dated February
16. 2000.
Listed
in Attachment A are the costs which are not
being paid and the reasons these
costs are not being paid.
On
May 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 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 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 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 he
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.
If the
applicant wishes to receive
a
90-day extension. a
written request that includes a statement of the
Rccs~oCD
—4302
North
Main
Street,
Rockin
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—
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Harrison
St.,
Des
Plainc’s,
IL
60016
—
(847)
294-400))
ELGIN
—
595 South
State,
Elgin,
a61
614
—
)309t 643-5463
or -sr~n
-
Proes
—
7620
N.
University
St.,_
‘ut,
Champaign,
IL
6)820
—
(217)
278-5800
SPeI’tGF!EL()
—
4500
S. Stain
Street
Rd.,
Sprin
~Ihn~viIle,
IL
622:14
—
(6181
:146-51
21)
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o~ Ric~ci
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Page 2
date the final decision was received, along with
a copy ofthis decision, must be
sent to the
lilinois
EPA as soon as possible.
For information regarding the filing
of an 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
of
an extension, please contact:
Illinois Environmental Protection Agency
Division ofLegal
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.
Sincerejy,
-
‘-I
/~
/
,,
I
,,—
~
,//4~A-~c
~
L
Do~1’~’s
E.
Oakley, Manager
LUST Claims Unit
Planning & Reporting
Section
Bureau of Land
I
DEO:LH:jk\03 I 739.doc
Attachn3ent
cc:
United Science Industries, Inc.
Attachment A
Technical Deductions
Re:
LPC #163255004
—
St. Clair County
Shiloh!Wei
Enterprises
529
Maple Street
LUST Incident No. 982804
LUST Fiscal File
Citations
in this attachment are from
and the Environmental Protection Act (Act) and
35
Illinois
Administrative
Code
(35
Ill. Adm.
Code).
Item #
Description of Deductions
1.
$9,161.06, deduction for costs which
are
unreasonable
as
submitted.
(Section
57.7(c)(4)(C) of the Act and
35
III. Adm.
Code
732.606(hh)
The billing package relates
to costs that were not approved in the
Agency letter dated
May
2,
2003.
In
addition, the current
proposed Corrective Action
Plan
indicates the
free product
will
be
remediated
by excavation and disposal.
HAC :M’W:mw\982804FiscalAttachment
A.DOC
P.O.
Box 360
6295
East
Illinois Highway
15
Woodlawn, Illinois 62898-0360
July
16, 2003
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand
Avenue East
Springfield,
IL 62794-9276
Attn:
John
Kim
Re:
LPC#
1631255004
—
St. Clair County
Shioh/Wei Enterprises
529
Maple St.
LUST Incident No. 982804
LUST TECHNICAL FILE
Dear Mr. Kim:
Phone: (618) 735-2411
Fax: (618) 735.2907
E-Mail: unitedscience@unitedscience.com
RECE~VED
DiVl~lOfl
of Leg~d
Counsel
JUL
212003
Environmental Protection
Agency
United
Science
Industries,
Inc.
(US!),
on
behalf of
our
client,
Wei
Enterprises,
is
requesting
a
90-day
extension
of
the
35-day
appeal
period
in
regards
to
the
IEPA
correspondence included.
I
appreciate
your
time
and
consideration
in
this
matter.
If
you
have
any questions
or
comments regarding
this
matter please contact me at
618-735-2411
ext.
145.
Sincerely yours,
UNITED SCIENCE 1NDUSTRJES, INC.
Robert
J. Pulfre
Project Manager
Enclosures
UNITED
SCIENCE INDUSTRIES
RJP;jlr
CERTIFICATE OF SERVICE
I, the
undersigned attorney
at law, hereby certify that on August
15,
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
Robert J. Pulfrey, 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,
Jo
.Kim
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)