NOTICE
BEFORE THE POLLUTION CONTROL BOARDOF THE STATE OF ILLINOIS
REQUEST FOR NINETY DAY EXTENSIONOF APPEAL PERIOD
CERTIFICATE OF SERVICE

MARTIN OIL MARKETING, LTD.,

Petitioner,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

Respondent.

RECEIVED

CLERK’S OFFICE

OCT

02003

STATE

ILLINOIS

pollution

Control

Board

)

PCB No. 04-

(LUST Appeal

—

Ninety Day Extension)

)

NOTICE

Donald E.

Waterlander

Martin Oil Marketing;Ltd.

4501

West

127th

Street

Alsip, IL

60803

PLEASE

TAKE NOTICE

that

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

Divisionof Legal Counsel

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Dated: October 17, 2003

BEFORE THE

POLLUTION CONTROL

BOARD

OF THE STATE OF ILLINOIS

RECEIVED

CLERK’S

OFFICE

BEFORE THE

POLLUTION CONTROL BOARD

OCT

02003

OF THE STATE OF ILLINOIS

STATE OF ILLINOIS

MARTIN OIL MARKETING, LTD.,

)

Pollution

Control Board

Petitioner,

)

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

Section

40(a)( 1)

of the

Illinois

Environmental

Protection

Act

(41.5

ILCS

5/40(a)(1))

and

Ill.

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 January

15, 2004,

or any other date not more than a

total of one hundred twenty-fiVe

(125) days from September

12,

2003, the date ofservice of the Illinois EPA’s final decision.

support thereof, the Illinois EPA respectfully states as follows:

On September

10,

2003, the Illinois EPA issued a final decision to the

Petitioner.

(Exhibit A)

On September

30, 2003, the Petitioner made a written request to the Illinois EPA

for an

extension oftime

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

September

12, 2003.

(Exhibit

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,

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,

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

17, 2003

This

filing submitted

on recycled paper.

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH

GRAND AVENUE

EAST,

P.O.

Box

19276,

SPRINGFIELD,

ILLINOIS

62794-9276, 217-782-3397

JAMES

THOMPSON

CENTER,

100

WEST

RANDOLPH,

SUITE

11-300,

CHICAGO,

IL 60601,

312-814-6026

ROD

BLAGOJEVICH,

GOVERNOR

RENEE

CIPRIANO,

DIRECTOR

217/782-6762

CERTIFIED

MAIL #

SEP

2003

Martin Oil Marketing, Ltd.

Attention:

Donald E.

Waterlander

4501

West 127th Street

Alsip,IL

60658

Re:

LPC#0316715025--CookCounty

Chicago/Martin Co.

8100 South Ashland Avenue

LUST Incident No. 940705

LUST FISCAL FILE

Dear Mr. Waterlander:

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

Ill. Adm.

Code 732, Subpart F.

This information is dated July

15,

2003

and was received by the Agency

on August 8, 2003.

The application forpayment covers the period from July 23,

1998 to

July 31,

2003.

The amount requested is $11,900.80.

The deductible amount for this

claim is

$10,000.00, which was previously deducted from the

Invoice Voucher dated September

18,

1996.

Listed in Attachment A are the costs which are not

being paid and the reasons these

costs are not being paid.

On August 8, 2003,

the Agency received your complete application for payment for this claim.

As a result ofthe Agency’s review ofthis application for payment, a voucher for $4,708.86

will

be prepared for submission to the Comptroller’s Office for payment as funds become available

based upon the date the Agency received your complete request for payment ofthis application

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 of issuance 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

ROCKFORD

—4302 North Main Street, RockfoLd~tL.~11Q3~~1

gft7-77~Jl

.-~

~‘‘

~-‘

—

Plaines,

60016 —(847) 294-4000

ELGIN

—595

South State,

Elgin,

1 614

(309) 6935463

BUREAU OF

LAND

PEORIA —7620 N.

University

St.

t, Champaign,

IL 61820

—(217) 278-5800

SPRINGFIELD—4500

S. Sixth

Street

Rd.,

Sprir

insville, 1162234— (618) 346-5120

PRINTED

RECYCLED

PAFER

Page 2

from 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 decisionwas 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 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

62794-9276

217/782-5544

Ifyou have any questions or require further assistance, please

contact Bill Richards of my

staff at 217/782-6762.

Oakley, Manager

LUST Claims Unit

Planning & Reporting Section

Bureauof Land

DEO:WWR:jk\03 1 174.doc

Attachment

cc:

ESG, Inc.

Attachment A

Accounting Deductions

Re:

LPC#0316715025--CookCounty

Chicago/Martin

Co.

8100 South Ashland Avenue

LUST Incident No. 940705

LUST Fiscal File

Citations

in this attachment are from and the Environmental Protection Act (Act) and

Illinois

Administrative Code (35 Ill. Adm.

Code).

Item #

DescriptionofDeductions

$1,435.94, deduction ofcosts due to the owner or operator receiving an excess

payment from the Fund.

(35

Ill. Adm.

Code 732.6 12(c)(2))

While reviewing your recent claim submittal, the Agency became aware ofan error

made on the claim submittal received August 27,

1998 for$47,408.90.

A payment

for

$44,671.13 was made on the Agency’s Final Decision Letter dated November 20,

1998.

The excess payment was made on two different line items, Report Preparation

Costs

$861.00 and Other Costs

$574.94.

The Agency is seeking recovery of

$1,435.94 utilizing the High Priority claim submittal received on August 8, 2003 in

the amount of $11,900.80 and are reapplying it to the line item breakdowns for Field

Purchases and

Other Costs to balance this account.

$5,756.00,

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 Ill. Adm. Code 732.601(f))

Report Preparation costs exceed the approved budget by

$5,650.00.

Other Costs line item exceed the approved budget by $106.00.

DEO:WWR:jk\03

1 174.doc

September 30,

2003

Illinois Environmental Protection Agency

Division of

Legal Counsel

1021

North Grand Avenue East

Springfield,

Illinois 62794-9276

RE:

LPC #0316715025

—

Cook County

Chicago/Martin Oil

8100 South Ashland Avenue

LUST Incident No. 940705

LUST FISCAL FILE

REQUEST FOR 90- DAY EXTENSION

Martin Oil

Marketing,

Ltd., by representative for Petitioner, Donald Watetlander,

files this

request for a 90— day extension on Tuesday, September 30, 2003.

Martin Oil has received

IEPA”s submittal review on September

12th,

2003 and because this review reversed an previous

decision on a claim from August 27, 1998, Martin Oil is reviewing all the claims on this location

regards to the approved budget

with

its consultant,

ESG,

Inc.

Martin Oil after this review and discussing

information with

IEPA’s LUST Claims Unit as

needed, Martin will determine if an appeal will be needed to

be filed within this 90— day

extension.

Thank you in regards to this issue, and please call me with any questions or comments, at

(708) 385-6500,

ex 18.

Very truly yours,

LMA~~~ThL~

Donald

aterlander

General Manager,

Engineering, Construction, and Maintenance

Enclosure

CC:

ESG,

Inc.

RECEIVED

DIv1~I~~

~fLa~j

Qoun~f

OCT

0l211J3

Protection

‘~1ency

4501

WEST 127TH

STREET,

ALSIF~IL

60803

•

708/385-6500

•

FAX

708/385-6598

CERTIFICATE OF SERVICE

I, the undersigned attorney at

law, hereby certify that on October

17,

2003,

I served true

and

correct copies

of a

REQUEST FOR NINETY DAY EXTENSION

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

Donald E. Waterlander

Illinois Pollution Control Board

Martin Oil Marketing, Ltd.

James R. Thompson Center

4501

West

127th

Street

100 West Randolph Street

Alsip, IL

60803

Suite

11-500

Chicago, IL 60601

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Res

John

.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)