OF THE STATE OF ILLINOIS

PREMCOR

REFINING

GROUP,

)

Petitioner,

)

V.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

)

)

Respondent.

)

NOTICE

RECE!VE~

CLERK’S OFFICE

OCT

032003

STATE OF

ILLINOIS

Pollution

Control Board

PCB No. 04-

(IJST Fund

—

Ninety Day Extension)

Dorothy M.

Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 WestRandolph Street

Suite 11-500

Chicago, IL 60601

Peter T. Sazama, P.G.

Philip Environmental Services Corporation

210 West Sand

Bank Road

P.O. Box 230

Columbia, IL

62236

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: October 1, 2003

---

CLERK’S

OFFICE

OCT03200

BEFORE

THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

STATE OF

ILLINOIS

Pollut,o,~Control Board

PREMCOR REFINING GROUP,

)

Petitioner,

)

V.

)

PCB No. 04-

ILLINOIS ENVIRONMENTAL

)

(UST Fund

—

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

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

December 30,

2003,

or any

other date not more than a total of one 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 August

25,

2003,

the Illinois

EPA issued

a

final decision

to

the Petitioner.

(Exhibit A)

2.

On September

25,

2002, 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 Petitioner represented in

its

cover page that the final decision was received On August 25,

2003, but the letter issued by the Illinois EPA has a “Received” stamp dated August 27, 2003.

A

conversation between the undersigned counsel

and Peter T.

Sazama confirmed that the date the

Petitioner received the Illinois EPA’s was in fact August 27, 2003.

(Exhibit B)

1

---

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,

Zonde:.

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:

October

1, 2003.

This filing submitted on

recycled paper.

2

---

SEP—08-03

NON

12:08

PN

PRENCOR

INC

FEiX

NO.

3147192334

P.

02

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NoRTH GRAND AVENUE

EAST,

P.O.

Box 19276,

SPRINGFIELD,

ILPJNOIS

62794-9276

JAMES

R.

THOMPSON

CEN1ER,

100 WEsT

RANDOLPh,

SUITE

11-300, CHICAGO,

IL

60601

RoD

R.

I3LAGOJEVICH, GOVERNOR

RENEE CIPRIANO,

OIRECrOR

217/782-6762

CERTIFIED MAIL #

AUG

25

20~l3

O~oI (~?~~

The Premeor Refining Group

Attu:

Timothy J. Mauntel, P.E., R.G.

~ © ~

8182 Maryland Avenue, Suite 600

M

St. Louis, Missouri

63105

1111

1AUG

27

2003

Re:

LPC #1 190855008

--

Madison County

PREMCOR

Pontoon Beach/Clark Store-~O~’

,99~’

3802 Highway

11

LUST

Incident No. 942113

-

LUST FISCAL FILE

Dear Mr. Mauntel:

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) ofthe Illinois Environmental Protection Act (Act),

and

35 Iii. Adm.

Code 732, Subpart F.

This information is dated July 28, 2003 and was received by the Agency on

July 30,

2003.

The

application for payment covers the period from July

1, 2002 to November 1,

2002.

The

amount requested is $25,00885.

The

deductible amount for this claim is $10,000.00, which

was

previously deducted from the

-

invoice Voucher dated July 9, 2002.

Listed in Attachment A

are

the costs which

are

not being

paid arid thereasons these costs

are

not being paid.

On July 30, 2003, theAgency received yourcomplete application forpayment for

this

claim.

As

a result ofthe Agency’s review ofthis application forpayment, a voucher for $17,696.54 will be

prepared for submission to the Comptroller’s Office forpayment as funds become available based

upon

the date the Agency received yourcomplete request forpayment of

this

application for

payment.

Subsequent applications for payment that have been/are submitted will be processed

based

upon the date complete subseqtieiit application forpayment 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

Roctroi~o

—

4302

North

Ma)n

Street, Ro~

~

Plaines,

IL

60016—

(847)

294-4000

—

595

South

State, EI~

-

.

.

61614-. (309) 693-5463

BUREAU

OF

LANr~

-

PEORIA

—

7620

N. University—

.

.

...

.

.

.

~et,

Champaign,

IL 61020— (217)

278-5800

SPRINC,FRLo—

4500S

Sixth

Street Rd.

S~

,Ihnsvilie

1162234—

(618) 346-5120

---

SEP—08—03

NON

1209

PM

PRENCOR

INC

FAX

NO.

3147192334

P.

03

Page2

35-dayperiod maybe extended for a period oftime not to exceed 90 days by written noticefrorn

the

owner or operator

and

the Illinois EPA within

the

initial

35-day appeal period:

Ifthe

~pp1icantwishes to receive a 90-day extension, a written request that includes a statement ofthe

date the final decisionwas received, along with a copy ofthis decision, must be sent to the

Illinois EPA

as

soon aspossible.

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 ofan

extension,please contact:

•

Illinois Environmental Protection Agency

Division ofLegal Counsel

-

1021

North Grand Avenue East

Springfield, IllInois:627949276

-

217/782-5544

Ifyou have any questions or require further assistance, please contact Lieura Ilackman of

my

staff at 217/782-6762.

Sincerely,

-

-

-

-

..

3~

~.

aç~.

—

-

-

-

-

-

-

~Pougl~s

~.

Qakl.çy~M~nager

•

-

LUST Claims. Unit-

-

-

-•

-

-

Planning & Reporting Section

Bureau ofLand

DEO:LH:ct\03 13 16.doc

•

Attachment

---

SEP—08—03

NON

12:08

PM

PREIICOR

INC

FAX

NO.

3147192334

P.

04

-

Attachment A

-

Accounting Deductions

Re:

LPC #1190855008

--

Madison County

-

-

Pontoon Beach/Clark Store #8•0

3802 Highway 11

-

-

LUST Incident No. 942113

-

LUST Fiscal File

•

-

Citations in this attachment are from and the Bnvironmental Protection Act (Act) and 35 Illinois

•

-

Administrative Code

(35

III. Adm. Code).

-

Itóni

#

Description ofDeductions

•

-

-

I.

$7,232.23, deduction for costs

associated with High Priority site activities.

The billings

submitted exceed the approved budget amounts.

The Illinois EPA is unable to approve

-

billings that exceed the approved budget amounts.

(Section

57.8(a~(1)

ofthe Act-and 35

-:

~

Adm, Code 732.601(ID

-

A deduction in the amount of$6,941.60 was made on the amount requested for Personnel

-

Costs.

A deduction in the amount of$290.63

was made on the amount requested for Field

Purchases and Other Costs.

-

2.

$80.08, deduction for costs which are unreasonable as submitted.

(Section

57.7(c)(4)(C)

-

ofthe Act and 35 Ill. Adm. Code 732.606Qth))

This deduction was made on the handling charges requested in association with the Field

Purchases and Other Costs.

There were no receipts/invoices submitted with this claim

-

that documented these costs.

Handling Charges can only be paid when there is proof that

-

-

the rnateria1~/seryi~

w~r~

prov~4edby

subcoptractors and not billed direct to the

owner/operatt~r

of-the ~

•

L1:ct\03

13 17.doc

---

PEC

INDUSTRIAL OUTSOURCING

GROUP

Illinois Environmental Protection Agency

Division ofLegal Counsel

1021 North Grand Avenue East

Springfield, IL

62794-9276

Request

for

90-Day Extension

Premcor Refining Group

Pontoon Beach Store

#1 893

Subject:

September

25,

2003

,~

~

~

~

-,

~

-

-

r•-

-

-

0

-

oMsion

of Leg~!

Counsol

SEP

26

2C03

Environm~fltaiPrg1ectIOfl

A~flQY

Dear Sir or Madam:

On behalf of the

Premcor

Refining

Group

(Premcor),

Philip

Environmental

Services

Corporation

(Philip)

is

requesting

an

extension

regarding

the

Illinois

Environmental

Protection Agency’s (IEPA) review ofthe July 28,

2003 LUST Reimbursement Package.

On

August

25,

2003,

Premcor

received

from

the

IEPA

the

completed

review

of the

above-dated Reimbursement Package.

This

review

indicated

$17,696.54

was

approved

ofthe total amount requested ($25,008.85).

Per

our

discussion

with

Lieura

Hackman of IEPA,

she

advised

Premcor to

submit

a

Budget

Amendment

to

Valerie Davis

of the

JEPA for

the

amount

over

budget.

This

extension

will

allow

Premcor

the

needed

time

to

prepare

and

submit

the

Budget

Amendment.

Ifyou have any questions, please contact

Angie

King or myself at 800-733-7173.

-

Sincerely,

Attachments:

Copy ofAgency’s Review dated

8-25-03

cc:

-

Illinois Pollution Control Board

Valerie Davis, EPA

TimMaunt~j~.~.

PHILIP

ENVIRONMENTAL

SERVICES

CORPORATION

210

West Sand Bank

Road,

P.O.

Box 230,

Columbia,

IL 62236

(618) 281-7173

(800)

733-7173

Fax

(618)

281-5120

Peter T. Sazama, P.G.

Project Manager

---

CERTIFICATE OF SERVICE

I, the undersigned attorney

at law,

hereby certify

that on

October

1,

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

Certified Mail postage affixed thereto, upon the following named persons:

Dorothy M. Gunn, Clerk

Peter T. Sazama, P.G.

Illinois Pollution Control Board

Philip Environmental Services Corporation

James R. Thompson Center

210 West Sand Bank Road

100 West Randolph Street

P.O.

Box 230

Suite 11-500

Columbia, IL

62236

Chicago,

IL 60601

-

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Assist’ant 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)