RECEfl/ED
BEFORE THE POLLUTION CONTROL BOARD
OF THE
STATE OF ILLINOIS
rJ~N
9
2004
~MihO~-
iw~~u~
POLLUT~NCONTROL
HOARb
DIDIER GREENHOUSES, INC.,
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 WestRandolph
Street
Suite
11-500
Chicago, IL 60601
)
)
PCBNo.04-
)
(LUST Appeal
—
Ninety Day Extension)
)
)
NOTICE
Anne M. Didier
Didier Greenhouses, Inc.
4601 West State Street
Rockford, IL
61102
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 ofwhich
are herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
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:
January 7, 2004
rjI4N
9
2004
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE
OF ILLINOIS
W1ON
COwrwji
~OARb
DIDIER GREENHOUSES, INC.,
)
Petitioner,
)
f~)
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
Iii.
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 April 7, 2004, 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 December
4,
2003,
the Illinois
EPA issued
a
final decision to
the Petitioner.
(Exhibit A)
2.
On December
19, 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 represent that the final decision was received on December 4, 2003.
(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 identi~issues and limit the scope of any
hearing that may be necessary to resolve this matter.
L
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 ofLegal Counsel
1021
North Grand Avenue, East
P.O. Box
19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: January 7, 2004
This filing submitted on recycled paper.
2
FROM
:DIDIER
GREENHOUSES,
INC.
F~XNO.
: 8159634994
Dec.
19 2~23O9:49~M P3
•
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NoR’~i
(~Iw~D
AVENLII:
EAST,
PC).
B~x19276,
SPRINC;nrio,
tLLINc~
(~2794-927c,,217-7~~.:1:~q7
JAMES
R.
IH()M)~SON
CENTER,
100
WCST
RANinIP~I,
SU)TE 11-300,
CIIICACO,
II.
60601, 312.814-6026
Ror
R.
BLAC;OJFV)CH, G~VERNOR
RF.NFF CIi’I~r,~No,
OU~j~CJoR
217/782-6762
DEC
04
2003
Djdjer Greenhouses
Attention:
Anna Didier
4601
West State Strect
Rockford,TL
61102
Re:
LPC #2010305859
--
Winnebago
County
Rockford/Didier Greenhouses
4601
West State Street
LUST Incident #923499
LUST FISCAL FILE
Dear Ms.
Didier:
The Agency has completed the reviewofthe request for reimbursement ofconective action costs
from
th.e Illinois Underground Storage Tank Fund for the above-referenced facility.
Ihe invoices
reviewed ccwered the period from December
1,
1993 to February 2, 2003.
The amount requested
was $60,350.18.
The deductible amount
to
be assessed on this claim is $10,000.00, which is being deducted from
this payment.
In addition to
the deductible, there are costs
1.rom this request that are not being
reimbursed.
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 July 7, 2003, the Agency received your cotnpleLe request for payment for this claim.
As a
result ofthe Agency’s review of this claim, a voucher for $12,897.60 will he prepared for
submission
to
the Comptroller’s Office for payment as !‘unds become available based upon the
date the Agency received your complete request ibr payment ol~
this claim.
Subsequent claims
that have been/are submitted will he processed based upon
the date complete subsequent billings
requests arc received by the Agency.
This constituteS the Agency’s final action, with regard to the above invoices.
An underground
storage tank ownc~
or operator may appeal this final decision to the Illinois Pollution Control
hoard (Board)
pursuant to Section 22.1 8b(g) and Section 40 ol the Act by
IThng a petition
(‘or a
hearing
within
35
days
aII’er the date of issuance ofthe fit~a1
decision.
However, the 35-day
period may
be
extended for a period oftime not to exceed 90 days
by written, notice
from.
the
Ro(~FoRp
—
4302
N~,’th
Main
SLr~eLkuc~
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PRIN4TFr
(~N
RL~v~L~t,
‘Arc,
FROM
DtDIER
GREENHOUSES,
INC.
FAX
NC.
: 9159634994
Dec.
19
2003 99:49AM
P4
Page2
owner or operator and the
Illinois EPA within the initial
35-day
appeal period.
I1’the owner or
operator wishes to receive a 90-day extension, a written request that includes a statement of the
date ‘the linal
decision was rcceived, along with a copy ofthis
decision, must ‘be sent to the
Illinois EPA as soon as possible.
For intormation regarding the filing of an appeal, please contact:
Dorothy Gunn, Clerk
Illinois Pollution Control J3oard
State of Illinois Center
100 West Randolph~Suite
i 1-500
Chicago, Illinois
60601
312/814-3620
Por information regarding the filing of an extension, please contact:
Illinois &vironmcntal. Protection Agency
Division ofLegal
Counsel
1021
North Grand Avenue East
Springfield,
Illinois 62794-9276
217/782-5544
Ifyou have any
questions, please contact Diana Gobelman of my
staff
or John
Barrett of
the LUST
Section technical
sta’tT at 217/782-6762.
DEO:DLc3
:jk\03029 13 .doc
Attachment
E.
Oakley, Manager
T Claims Unit
Planning &
Reporting Section
Bureau ofLand
cc:
Superior Environmental Corp.
FROM
:DIDIER
GREENHOUSES,
INC.
FAX
NO.
:9159634994
Dec.
19
2003 09:49AM
P5
Attachment A
Accounting Deductions
Re:
LPC #2010305R59
--
Winnebago
County
R.ockford/Didier Greenhouses
4601
West State
Street
LUST Incident #923499
LUST FISCAL FILE
item
#
Descrip~~Qn
01’Deductions
$3,890.20,
deduction for an
adjustment in costs
due to a lack
ol’
supporting
documentation (Section 22.1 8h(d)(4)(C) o(’the Environmental Protection Act).
Environmental Compliance Consulting invoices dated January
18,
1993,
J7ehruary 22,
1993, May 7,
1993, May 29,
1993
and NET Invoice #42401
—
no proofofpayment
provided
-
$2,879.70
Personnel Summary Sheet dated December
1,
1993
—
January
1,0,
1994
—
total is more
than personnel costs listed
-
$307.50
Personnel
Summary Sheet dated February
1,
1994— February 28, 1994
-
no invoice
provided for charges
-
$1 03.00
Environmental Compliance Consulting Invoice #DG-9.895
backup documentation
(‘orpersonnel charges for i’om McNarnee is same as is billed on ECC invoice
DG-l0.995 -$500.00
Fishe Enterprises Invoice #01663
permit
-
$100.00
2.
$629.00, deduction in costs
that the owner/operator failed to demonstrate were
reasonable (Section 22.18 b~d)(4)(C)
ofthe Environmental Protection Act).
Environmental Compliance Consulting ‘invoice dated May 7,
1993
—
meeting
-
$100.00
CBC Environmental Laboratories Invoice #205972
—
B1EX rate
-
$15.00
Environm ental Compliance Consulting Invoice IIDG-1 0.995
—
hand
pump rate
-
‘$100.00
Fishe Enterprises hivoice #01,663
—
mobilization, bentonite pellets, and
bottom plug
rates;
bentonite chips
-
$348.00
GeoServe Invoice #960617.01
—
hentonite
-
$40.00
Superior Invoice #24372
--
sampling kits and vehicles
rates
-
$26.00
FROM
:DIDIER
GREENHOUSES,
INC.
FAX
NO.
:9159634994
Dec.
19
2003
29-4SAM
P6
Page 2
3.
$200.00, deduction for costs
which are not f~r
Corrective Action activities (Section
22.1 8(e)(1)(C) and 22.1 8b(a)(3) ot’thc Environmental Protection Act).
Environmental Compliance Consulting Invoice #SEC 1.0103
4.
$1,120.00, deduction for costs associated
with
seeking reimbursement from the
Underground Storage Tank Fund
(Section
22.1 ~(e)(1)(C)and
22.i
8b(a)(3) of th,e
Environmental Protection Act).
Superior Invoice #243 72
—
Kayleen Anderson
5.
$4,142.44, deduction for math en’ors on Summary Sheet for All Charges in Billing
Package.
DEO:DLG:jk\03 0291
3
doe
FROM
:DIDIER
GREENHOUSES,
INC.
FAX
NO.
:8159634994
Dcc.
19 2003 09:49AM
F?
Attachment A
Technical
Deductions
Re:
LPC
#2010305859
--
Winnebago ‘County
Rockford/Didicr Giecnhouses
4601
W.
State St.
LUST
Incident
No.
923499
LUST FISCAL FILE
Item ~
~
1.
$27,470.94, deduction for costs associated
with ineligible Tanks
(Section 22.1 Sb(a)(5)
ofthe Environmental Protection
Act).
Invoice for Ben Roes
F~quipmentfrom 9/18/1992
to 7/22/1993 includes costs
for
removal ofall
tanks and installation ofnew tanks.
Sufflci.ent detail
is not provided to
allow pro-rating for tank removal charges.
2.
$550.00, deduction in costs that the owner/operator failed to demonstrate were
reasonable (Section 22.
1 8b(d)(4)(C) of the Environmental Protection Act).
The invoice
Ibr Wcndler Engineering for su~’eying
o
monitoring wells is excessive.
JDB
FROM
.DIDIER GREENHOUSES,
INC.
FAX
NO.
:8159634994
Dec.
19 2003 09:48GM
P2
SoEii~y~(
‘
S
I
An,,,
r~
Ca,,
j
FIor~s
i)IIJIER
GREENHOUSES,
INC.
~
4.(0
I
‘Wl:si
STArE
STREET
ROC~FORl);ILLINOIS
(102
Illinois Envi~onmenta.lProtection Agency
Attn:
John Kim
Division of Legal Counsel
1021
North Grand Avenue East
Springfield, Illinois
62794-9276
December
19, 2003
Dear Mr.
Kim,
This is a written request for an extension of our 35-day appeal period to a 90-day
period.
The date the final decision was received was December
4, 2003.
A copy of this
decision
is being faxed along with this request.
Please mail or rax a confirmation of this
extension to our business.
Thank you ‘for your help with this matter.
Sincerely,
Anne
M. Didier
CERTIFICATE OF SERVICE
I, the undersigned aftorney at
law,
hereby certify
that on
January 7,
2004,
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
Anne M. Didier
Illinois Pollution Control Board
Didier Greenhouses, Inc.
James R. Thompson Center
4601
West State Street
100 West Randolph Street
Rockford, IL
61102
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)