BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
NOTICE
RECEiVED
OF THE STATE OF ILLINOIS
• STATE OF IWNOIS
REQUEST FOR NINETY DAY EXTENSION
OF APPEAL PERIOD
Re: Reimbursement Decision Appeal
LFC #0310515095—Cook CountyCicero/Clearing Disposal
LUST FISCAL FILE
CERTIFICATE OF SERVICE

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

F. Thomas DePaul

DAI Environmental

Polo Park Business Center

27834 North Irma Lee Circle

Lake Forest, IL

60045-5

130

CLERK’S OFP1C~

OCT 2 32003

STATE OF IWNOIS

Pollution

Control

Board

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

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 21, 2003

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

CLEARING DISPOSAL,

)

Petitioner,

)

Respondent.

)

PCB No. 04-

(UST Fund

—

Ninety Day Extension)

NOTICE

PLEASE TAKE NOTICE that I have today filed ~viththe 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.

RECEiVED

CLERK’S

OFFICE

BEFORE THE POLLUTION CONTROL BOARD

OCT 23 2003

OF THE STATE OF ILLINOIS

•

STATE OF IWNOIS

CLEARING

DISPOSAL,

)

Pollution Control Board

Petitioner,

)

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 January 22, 2004, or any other date not more than a total of one hundred twenty-five

(125) days from September 19, 2003, the date of the Illinois EPA’s final decision. In support

thereof, the Illinois EPA respectfully states as follows:

On September 19, 2003, the Illinois EPA issued a final decision to the Petitioner.

(Exhibit A)

On October 20, 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 Petitioner did not represent when the final decision was received. (Exhibit B)

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.

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 f9r petitioning for a hearing.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

John

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 21, 2003

This filing submitted on recycled paper.

• 7_’

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 NoRTH GRAND AVENUE EAST,

P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276, 217-782-3397

JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE

11-300,

CHICAGO,

IL 60601, 312-814-6026

ROD

BLAGOJEVICH, GOVERNOR

RENEE CIPRIANO, DIRECTOR

217/782-6762

SEP 19 2003

Waste Management ofIllinois, Inc.

Attention: Mike Tunney

3800 South Laramie Avenue

Cicero, IL 60804

Re:

LPC#0310515095--CookCounty

Cicero/Clearing Disposal

3800 South Laramie

LUST Incident #89 1673

•

LUST FISCAL FILE

Dear Mr. Tunney:

The Agency has completed the review ofthe request for reimbursement ofcorrective action costs

from the Illinois Underground Storage Tank Fund for the above-referenced facility. The invoices

reviewed covered the period from June 1, 2002 to March 31, 2003. The amount requested was

$26,858.92.

The deductible amount for this claim is $10,000.00, which was previously deducted from the

Invoice Voucher dated June 7, 2002. Listed in Attachment A are the costs which are not being

reimbursed from this request and the reasons these costs are not being reimbursed.

On May 29, 2003, the Agency received your complete request for payment forthis claim. As a

result ofthe Agency’s review ofthis claim, a voucher for $11,088.06 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 of this claim. Subsequent claims

that have been/are submitted will be processed based upon the date complete subsequent billings

requests are received by the Agency.

This constitutes the Agency’s final action with regard to the above invoices. An underground

storage tank owner or operator may appeal this final decision to the Illinois Pollution Control

Board (Board) pursuant to Section 22.1 8b(g) and Section 40 of the 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 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. Ifthe owner or

ROCKFORD

—4302 North Main Street, Rockford, IL 61103 —(815) 987-7760 • Dts

PLAINES

—9511 W. Harrison St., Des Plaines, IL 60016— (847) 294-4000

ELGIN

— 595 South State, Elgin, IL 60123 —(8471 608-3131

•

PEORIA

— 5415 N. University St., Peoria, IL 61614 —(309) 693-5463

BUREAU OF LAND

PEORIA

— 7620 N. University

5~,~r”’

II ~.1 ~1

A ,~nQ\~

~A(~)

•

‘~ ~-~‘

Champaign, IL 61820 —(217) 278-5800

SPRINGFIELD

—4500 S. Sixth Street Rd., Spri~

nsville, IL 62234 — (618) 346-5120

Page 2

operator 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 ofthis decision, must be sent to the

Illinois EPA as soon as pos’sible.

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, please contact Kevin Mably of my staff or Melinda Friedel of

Mike Lowder’s staff at 217/782-6762.

E. Oakley, Manager.

LUST Claims Unit

Planning & Reporting Section

Bureau of Land

DEO:KM:jk\03 l079.doc

Attachment

‘7,

cc:

DAT Environmental

Attachment A

Accounting Deductions

Re:

LPC#03l0515095--CookCounty

Cicero/Clearing Disposal

3800 South Laramie

LUST Incident #89 1673

LUST FISCAL FILE

Item #

Description of Deductions

$111.25,

deduction in costs that the owner/operator failed to demonstrate were

reasonable (Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).

DAT Environmental

—

Invoice #14584

$9.75

Personnel

#14650

$20.00

Equipment

#14715

$18.00

Personnel

#14715

$20.00

Equipment

#14771

$31.50

Personnel

#14891

$12.00  Personnel

$11 1.25 Total Accounting Deductions

DEO:KM:jk\03 1079.doc

Attachment A

Technical Deductions

Re:

LPC#0310515095--CookCounty

Cicero/Clearing Disposal

3800 South 

Laramie.

LUST Incident #891673

LUST FISCAL FILE

Item #

Description ofDeductions

$5,663.03,

deduction for an adjustment in costs due to a lackofsupporting

documentation. The owner/operator failed to demonstrate these costs were reasonable

as submitted (Section 22.1 8b(d)(4)(C) of the Environmental Protection Act).

DAI Invoice #14650

$497.28 (Enviro Monitor mv. #106010 dated August 31,

2002

—

need more info on what these samples were for and

when they were collected)

$582.40 (Enviro Monitor mv. #105999 dated August 31,

2002

—

need more info on what these samples were for and

when they were collected)

$38.90 (excessive cost for copies

—

cut to

$50)

#14715

$87.50 (Chris Cailles

—

excessive hours for file organization)

$1,067.50

(Chris C.

—

TACO evaluation is to be performed

during CACR preparation)

$227.50 (David K.

—

excessive hours for data edit and

review)

$428.00 (Tom DePaul

—

senior personnel waiting and

putting

a report together)

#14771

$380.00 

(Chris C.

—

excessive hours/clerical work)

$52.50

(Chris C.

—

excessive hours for edit/review)

$262.50 (Chris C.

—

TACO evaluation is to be performed

during CACR preparation)

$122.50 (Chris C.

—

excessive hours for edits and

mailing)

$11.25

(Gina L. M. 

—

duplication of work)

$837.50 (James

—

excessive hours for drafting)

$110.00 (Rick Vamos

—

TACO evaluation)

$909.50 (Tom D.

—

senior staff assembly data, editing figures

and performing TACO evaluation)

$48.20 (excessive cost for copies

—

cut to 

$50)

$4,889.00, deduction for an adjustment in costs due to a lack ofsupporting

documentation. The owner/operator failed to demonstrate these costs were reasonable

as submitted (Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).

Costs

associated with a Phase IIInvestigation Report are not reimbursable since this report

was never submitted. Please note that any such report would not be necessary since a

Corrective Action Completion Report with afull TACO evaluation is to be submitted

for this site showing the extent ofcontamination has beenfully delineated.

3.—

Page 2

DAT Invoice #14584

$665.00 (Chris Cailles)

$56.25

(Gina L. M.)

$625.00

(James

0.)

$347.75 (Tom DePaul)

#14650

$927.50

(Chris C.)

$137.50(JamesO.)

#14684

$1,120.00 

(Chris C.)

$200.00 (James 0.)

#14715 

$105.00 (Chris

C.)

$191.25 (GinaL. M.)

$325.00 (James 0.)

$55.00

(Rick Vamos)

$133.75 (Tom DePaul)

$1,119.85, deduction for an adjustment in costs due to a lack of supporting

documentation. The owner/operator failed to demonstrate these costs were reasonable

as submitted (Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).

The last

technical document submittedfor this site was datedNovember 15, 2002. These costs

may be eligiblefor reimbursement after additional technical documentation has been

received

DAllnvoice#14814

$207.42 (12/1/02 to 1/31/03)

#14891 

$912.43(2/1/03to3/31/03)

$3,897.50, deduction in costs that the owner/operator failed to demonstrate were

reasonable (Section 22.l8b(d)(4)(C) of the Environmental Protection Act).

The

owner/operator has not shown that the charges associated with GPS activities are

necessary or can bejust~/Iedas reducing overall costsfor the site.

DAI Invoice #14684

$787.50 (Chris Cailles)

$937.50 (James 0.)

$1,572.50 (John Rouser)

$600.00 (equipment costs)

$90.23, deduction for costs which are not for Corrective Action activities. The

owner/operator failed to demonstrate these costs were reasonable as submitted

(Section 22.1 8(e)( 1 )(C) and 22.1 8b(a)(3) of the Environmental Protection Act).

DAT Invoice #14684

$19.76 (batteries, rags and sponges are not considered

corrective action costs)

$20.07 (batteries)

#14715 

$50.40 (EDR mv. #871693 

—

Sanborn search has not been

shown to be a required corrective action cost)

Total Technical Deductions

$15,659.61

DEO:KM:jk\03 1079.doc

EN~~44.IJITAL

Environmental Engineers, Geologists and Scientists

Tel 847.573.8900

Fax 847.573.8953

Polo Park Business Center

27834 N. Irma Lee Circle

Lake Forest, Illinois 50045-51 30

October 20, 2003

VIA FAXSIMILE

AND

UPS DELIVERY

Mr. John J. Kim, Esq.

Division of Legal Counsel

Illinois Environmental Agency

1021 N. Grand Ave. East

Springfield, Illinois 62794-9276

Re:

Reimbursement Decision Appeal

LFC #0310515095—Cook County

Cicero/Clearing Disposal

3800 South Laramie

LUSTincident #891673

LUST FISCAL FILE

This letter is to serve as a written

request for a time extension for filing a petition before

the Illinois Pollution Control Board regarding the Agency’s final decision for

reimbursement. This request is being, filed on behalf of Waste Management of

Illinois, Inc. (A copy ofthe decision is attached.)

Dear Mr. Kim:

F. Thomas DePaul

Division ~f LeqaI ~

cci- 21 ~

~flvfronrnentai t-~rQtQctjQfl

Agency

Sincerely,

DAI Environmental, Inc.

cc:

Doug Oakley; LUST Claims Unit, IEPA

Lisa Grassl; Waste Management ofIllinois, Inc.

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on October 21, 2003, I served true

and correct copies of a REQUEST FOR NINETY DAY EXTENSION OF APPEAL PERIOD,

by placing true and correct copies thereof 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 postage affixed thereto, upon the following named persons:

Dorothy M. Gunn, Clerk

F. Thomas DePaul

Illinois Pollution Control Board

DAT Environmental

James R. Thompson Center

Polo Park Business Center

100 West Randolph Street

27834 North Irma Lee Circle

Suite 11-500

Lake Forest, IL

60045-5

130

Chicago, IL 60601

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)