CLERIc’S OFFJ(:E
DEC
8 2003
STATE OF
ILLIIVOi~
Pollution Control Board
PCB No. 04-
(LUST Appeal
—
Ninety Day Extension)
Dorothy M. Gunn, Clerk
Mark Owens, 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 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: December 3, 2003
A & R, INC.,
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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NOTICE
CLERIc’S
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BEFORE THE POLLUTION CONTROL BOARD
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8 2003
OF THE STATE OF ILLINOIS
Pollution
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A & R, INC.,
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Petitioner,
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PCBNo.04-
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ILLINOIS ENVIRONMENTAL
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(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)(l) 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 forpetitioning for a
hearing to March 2, 2004, or any other date not more than a total of one hundred twenty-five
(125)
days from October 29, 2003, the date of the Illinois EPA’s final decision. In support
thereof, the Illinois EPA respectfully states as follows:
1.
On October 29, 2003, the Illinois EPA issued a final decision to the Petitioner.
The Illinois EPA notes that the copy of the final decision provided to the Illinois EPA by the
Petitioner is not complete. The undersigned attorney has not had an opportunity to secure a
complete copy prior to this filing. (Exhibit A)
2.
On November 11, 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)
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 ofany
hearing that maybe 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,
Respondent
Jol~TfJLKii
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: December 3, 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
JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601, 312-814-6026
ROD R. BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
217/782-6762
CERTIFIED MAIL
7002 BISO 0000 1227 0110
OCT 292003
A & R, Inc.
Mr. Avery Moore
6229 West Ogden Avenue
Berwyn, IL 60402
Re:
LPC#0310215104-- Cook County
Berwyn! A & R, Inc.
6229
West Ogden Avenue
LUST Incident No. 981412
LUST Technical File
Dear Mr. Moore:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the amended High
Priority Corrective Action Plan Budget (budget) submitted for the above-referenced incident.
This budget, dated October 27, 2003, was received by facsimile by the Illinois EPA on October
27, 2003 and indicates a mathematical error was made in a October 24, 2003 Agency letter. This
letter is issued to correct the mathematical error in the October 24, 2003 budget totals. Citations
in this letter are from the Environmental Protection Act (Act) and 35 Illinois Administrative
Code (35 Ill. Adm. Code).
The budget is approved for the amounts listed in Section 1 ofAttachment A. Please note that the
costs must be incurred in accordance with the approved plan. Be aware that the amount of
reimbursement may be limited by Sections
57.8(e), 57.8(g)
and 57.8(d) of the Act, as well as 35
Ill. Adm. Code 732.604, 732.606(s), and 732.611.
All future correspondence must be submitted to:
Illinois Environmental Protection Agency
Bureau ofLand
-
#24
Leaking Underground Storage Tank Section
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
Please submit all correspondence in duplicate and include the Re: block shown at the beginning
of this letter.
ROCKFORD —4302 North Main Street, Rockford~~~~
~
~~Iaines,
IL 60016— (847) 294-4000
ELGIN —595 South State, Elgin, IL
~14— (309) 693-5463
BLRE~LUF
- PEOP.IA — 7620 N. University St.. P?_
~Champaign,
IL 61820 —(217)278-5800
SpRI’~GFI?LD— 4500 S. Sixth Slreet Rd., Springii
MAR IC
svilie, IL 62234 — (618) 346-51 20
PRINTED ON RECYCLED PAPER
Attachment A
Re:
LPC #0310215104--Cook County
Berwynl A & R, Inc.
6229 West Ogden Avenue
LUST Incident No. 981412
LUST Technical File
Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois
Administrative Code (35 III. Adm. Code).
SECTION 1
The budget was previously approved in a November 17, 2000 letter for:
$3750.00
Investigation Costs
$2520.00
Analysis Costs
$8474.00
Personnel Costs
$128.00
Equipment Costs
5531 .00
Field Purchases and Other Costs
$930.20
Handling Charges
The budget was previously approved in a September 16, 2003 letter for:
$3373.66
Investigation Costs
$2730.00
Analysis Costs
$14,400.00
Personnel Costs
$1660.00
Equipment Costs
$167,191.35
Field Purchases and Other Costs
$1730.37
Handling Charges
The following amounts are approved:
$0.00
Investigation Costs
$0.00
Analysis Costs
$3800.00
Personnel Costs
$0.00
Equipment Costs
$0.00
Field Purchases and Other Costs
$0.00
Handling Charges
Appeal Rights
An underground storage tank owner or operator may appeal this final decision to the Illinois
Pollution Control Board pursuant to Sections 40 and
57.7(c)(4)(D)
of the Act by filing a petition
for a hearing within 35 days after the date of issuance ofthe final decision. However, the 35-day
period may be extended for a period oftime not to exceed 90 days by written notice from the
owner or operator and the Illinois EPA within the initial 35-day appeal period. Ifthe owner or
operator wishes to receive a 90-day extension, a written request that includes a statement ofthe
date the final decision was received, along with a copy of this decision, must be sent to the
Illinois EPA as soon as possible.
For information regarding the filing ofan appeal, please contact:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State ofIllinois Center
.
-
100 West Randolph, Suite 11-500
Chicago, IL 60601
312/814-3620
For information regarding the filing ofan extension, please contact:
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021 NorthGrand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
217/782-5544
P.O. Box 360
6295 East Illinois Highway 15
Woodla~in,Illinois62898-0360
November 11, 2003
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021 North Grand Avenue East
Springfield, IL 62792-9276
Re:
LPC# 0310215104--Cook Co.
Berwyn/A & R, Inc.
6229 West Ogden Avenue
LUST Incident No. 981412
ATTN: John
Kim
Mr.
Kim:
Phone: (618) 735-2411
Fax: (618) 735-2907
E-Mail: unitedscience@unitedscience.com
Divi$~0fl
~
L~s~i~-tl
‘Th~ii~
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~
Environmenta’ ~IQtt(~t1
Agency
United Science Industries, Inc. (USI), on behalfof our client, A & R, Inc., is requesting a
90-day extension to 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. 175.
Sincerely yours,
UNITED SCIENCE INDUSTRIES, INC.
/
I/f
Mark Owens
Project Manager
Enclosures
UNITED SCIENCE INDUSTRIES
MO:bg
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on December 3, 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
Mark Owens, 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,
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)