RECEIVED

CLERK’S OFFICE

LEMONT KAR GAS,

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

STATE OF ILLINOIS

Pollution Control Board

PCB No. 04-

)

(LUST Appeal

—

Ninety Day Extension)

)

)

NOTICE

Wanda Skonie

Lemont Kar Gas

1196 State Street

Lernont, IL 60439

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,

Resp

ent

Jo

.

Kim

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 29, 2003

V.

BEFORE

THE POLLUTION CONTROL BOARD

OCT 312003

OF THE STATE OF ILLINOIS

)

Petitioner,

)

)

Respondent.

---

RECEIVED

CLERK’S

OFFICE

OCT 312003

BEFORE THE POLLUTION CONTROL BOARD

STATE

OF ILLINOIS

OF THE STATE OF ILLINOIS

Pollution Control Board

LEMONT

KAR GAS,

)

Petitioner,

)

.4

v.

)

PCBNo. 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 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 29, 2004, or any other date not more than a total of one hundred twenty-five

(125)

days from September 26, 2003, the date of the Illinois EPA’s final decision. In support

thereof, the Illinois EPA respectfully states as follows:

1.

On September 26, 2003, the Illinois EPA issued a final decision to the Petitioner.

(Exhibit A)

2.

On October 24, 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)

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 for petitioning 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: October 29, 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 217-782-3397

AMES R. THOMpSON CENTER,

100

WEST RANDOLPH, SUITE 11-300, CHICAGO, II 60601, 312-814-6026

ROD R. BLAGOJEVICH, GOVERNOR

CERTIFIED MAIL #

~

SEP 2 6 2003

Lemont

Kar-Gas,

Inc.

Attention: Wanda

Skonie

1196

State Street

Lemont, IL 60439

Re:

LPC #03 14625010 --Cook

County

LemonllLemont

Kar-Gas

(Citgo)

127th

Street &

1 196 State Street

LUST Incident No. 942117

LUST FISCAL FILE

Dear

Ms. Skonie:

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 August 25,

2003 and was received by the

Agency on August 26, 2003. The application for payment covers the

period

from September 1,

1994 to November 30, 1994. The

amount

requested is $10,720.20.

The deductible

amount

to be assessed on this claim is $10,000.00, $2,833.50 to be deducted from

this claim

with

$7,166.50

remaining in order to fulfill the deductible. In addition to the

deductible, 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 August 26, 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 cannot be prepared

for submission to the Comptroller’s office for payment. Subsequent applications for payme~nt

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 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 the owner or operator

and

the Illinois EPA

within

the initial 35-day appeal period. If the

ROcxFoRo —4302

North Main Street,

R~ ~

~

Plaines, IL

60016— (847) 294-4000

ELCIN

—

595 South State, El

L 61614 —(309) 693-5463

BUREAU Of LAND- PEORIA

—

7620 N. Universit’_

_.Jreet,

Champaign, Ii. 61820— (217) 278-5800

SPRINWIELD—4500 S. Sixth Street Rd.,

:oltinsville, IL

627~34

—(618) 346-5120

PRINTW ON

Rsrvci~n

PAPER

---

Attachment A

Accounting Deductions

Re:

LPC#0314625010-- Cook County

Lemont/Lemont Kar-Gas (Citgo)

127th Street & 1196 S.tate Street

LUST Incident No. 942117

LUST Fiscal File

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

Illinois

Administrative Code

(35

~Il1.Adm. Code).

Item #

Description ofDeductions

$4,136.70,

deduction for costs that lack supporting documentation

(35

Ill. Adm. Code

732.606(gg)). Since there is no supporting documentation of costs, the Illinois EPA

cannot determine that costs were not used for activities in excess ofthose necessary to

meet the minimum requirements ofTitle XVI ofthe Act (Section

57.5(a)

ofthe Act

and 35 Ill. Adm. Code 732.606(o)).

a)

Lemont Fire Protection District

—

Personnel

—

19 people September 1 to 30,

1994 need time and material breakdown

—

lump sum

=

$1,114.40.

b)

Lemont Fire Protection District

—

Stock Items

—

supplies and equipment

=

$322.30.

c)

Lemont Fire Protection District

—

Subcontractors

—

Vergan Environmental

Invoice #189—45 Day Report

—

need time and material breakdown

=

$2,700.00.

2.

$3,750.00

Deduction for costs that lack supporting documentation

(35

Ill. Adm. Code

732.606(gg)). Since there is no supporting documentation ofcosts, the Illinois EPA

cannot determine that costs were not used for activities in excess ofthose necessary to

meet the minimum requirements ofTitle XVI ofthe Act (Section

57.5(a)

of the Act

and 35 Ill. Adm. Code 732.606(o)).

Deduction for costs which are unreasonable as submitted. (Section

57.7(c)(4)(C)

of

the Act and 35 Ill. Adm. Code 732.606(hh))

-,

a)

Lemont Fire Protection District

—

Equipment

—

need detailed breakdown of

type ofvehicles and both $75/hour and 10 vehicles are excessive; 50 hours x

$75/hour

=

$3,750.00.

DEO:DT:jk\030994.doc

---

Page 2

applicant 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 possible.

For information regarding the filing of an appeal, please contact:

Dorothy Gunn, Clerk

Illinois Pollution Control Board

State ofJllinois 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

If you have any questions or require further assistance, please contact Doug Tolan of my

-

staff at 217/782-6762.

DEO:DT:jk\030994.doc

Attachment

E. Oakley, Manager

LUST Claims Unit

Planning & Reporting Section

Bureau ofLand

cc:

United Science Industries

---

16/25/2063 11:37

6309869470

LEMONT KAR GAS

(630)

257-5050

1196 STATE

ST.

LEMONT. IL.

60439

October24~2003

Illinois Environmental Protection

Agency

DtvisIocofLegalCounael

IO2lNotthGandAvcnucEaat

P0 Box

19276

Di~i~jü~of Legal Counsel

Spdngfield, 1162792-9276

- Ocr

29

~

Re: LPC* 0314625010—Cook Co.

EnVironmenta,

Protection

Lcnwtwtsmont Ku Ge~

Agency

127& 1196

St*tc Street

LUST

incident No. 942117

Atm: Susan Schroeder

Mrs. Schroeder:

I sm requeeting a90-day extenxion to

the 35-day appeal period In regards to the IEPA

corre~ondcnccIncli~ed.

I appreciate your time and consideraz~onvi this matter. Ifyou have

~y

questions

or

comments regarding

this

matter please contact me at (630)

87$-7812

Sinceiely yoins,

~

~-L~--r--~---Q--

Wanda

Skoole

Enc~ea

---

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on October 29, 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

Wanda Skonie

Illinois Pollution Control Board

Lemont Kar Gas

James R. Thompson Center

1196 State Street

100 West Randolph Street

Lernont, IL 60439

Suite 11-500

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)