1. NOTICE OF FILING
      2. Robert and Tony Thompson
      3. CERTIFICATE OF SERVICE
      4. PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTALPROTECTION AGENCY DECISIONS.
      5. Robert and Tony Thompson
      6. CERTIFICATE OF SERVICE
      7. NOTICE
    1. EXHIBIT
      1. VIA FACSIMILE & FEDERAL EXPRESS
      2. CERTIFICATE OF SERVICE

RECE~VED
BEFORE THE POLLUTION CONTROL BOARD
CLERK’S
OFFICE
OF THE STATE OF ILLINOIS
FEB
2
Ii
2004
ROBERT AND TONY THOMPSON,
STATE OF
ILLINOIS
poltution Control Board
Petitioner,
)
)
v.
)
PCB 04-85
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF FILING
TO:
John Kim
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
PLEASE TAKE
NOTICE
that on February 20, 2004, filed with the Clerk of the Illinois
Pollution
Control Board ofthe
State ofIllinois
an original, executed copy Petition for Review of
Illinois Environmental Protection Agency Decisions.
Dated:
February 20, 2004
Respectfully submitted,
Robert and Tony Thompson
By:
Cc~
PLv~-’
J~
~-
One ofIts Att~neys
Carolyn S. Hesse
Barnes & Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)
357-1313
206394v
1
This
filing submitted on recycled paper as defined in
35
III. Adm. Code 101.202

CERTIFICATE OF SERVICE
I,
on
oath
state
that
I
have
served
the
attached
Petition
for
Review
of
Illinois
Environmental Protection Agency Decisions by placing a copy in an
envelope addressed to:
John Kim
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
from
One North Wacker Drive,
Suite
4400,
Chicago,
Illinois,
before the hour of 5:00
p.m.,
on
this
20th
Day of February, 2004.
Carolyn S. Hess~
This
filing submitted on recycled paper as defined in
35
III.
Adm. Code 101.202
2

RECEIVED
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
FEB
2
02004
ROBERT AND TONY THOMPSON,
Pollution
Control Board
Petitioner,
)
)
v.
)
PCBO4--85
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY DECISIONS.
Robert and Tony Thompson, by their attorney, Carolyn S. Hesse of Barnes & Thornburg,
pursuant to the Illinois Environmental
Protection
Act,
415
ILCS
5/1
et. seq.
(the “Act”) and
35
Illinois
Administrative
Code
Section
105.400
et.
seq.,
hereby appeals
certain decisions
by
the
Illinois Environmental Protection Agency (the “Agency”).
1.
Robert and
Tony
Thompson
(“Thompson”)
are
the
owners
of property
located at
4th
and
Jefferson,
Cairo, Alexander County,
Illinois.
The site
had
underground
storage
tanks
(USTs)
on
the
property,
which
stored
gasoline.
2.
LUST
Incident
Number
20020882
was
obtained
following
a
site
investigation and LPC
#0030055050 was assigned.
3.
On
September.
18,
2003,
the
Agency
received
Thompson’s
complete
request for reimbursement of costs from the Illinois
Underground Storage
Tank Fund (the “Request”) for the period from June
1, 2002 to November
30, 2002 in the amount of$30,711.89.
This
filing submitted
on recycled paper as
defined
in 35
III. Adm. Code
101.2021

4.
The
Agency
denied
certain
costs
in
the
Request
in
a
letter
dated
October 17, 2003,
a copy ofwhich is attached hereto as Exhibit A.
5.
Thompson
is
appealing this
October
17,
2003
denial
because the Agency
denied
certain
costs
by
claiming
that
the
‘owner/operator
failed
to
demonstrate that the costs were reasonable.
6.
Thompson
disagrees
with
the
Agency’s
decision
and
believes
that
the
costs
submitted for reimbursement
are reasonable
corrective action
costs
and are the types ofcosts that are eligible for reimbursement under the Act
and implementing regulations.
7.
The
Agency’s
letter
denying
reimbursement,
Exhibit
A,
provides
no
further explanation ofthe Agency’s reasons or bases for denial
that could
aid
Petitioner
in
setting
forth
its
grounds
of appeal.
Nevertheless,
the
Agency’s denial is a final decision that Petitioner must appeal to the Board
in order to
preserve and enforce Petitioner’s right to
reimbursement under
the UST Fund.
8.
On December
1,
2003,
the parties timely filed a joint notice
to extend the
appeal
deadline.
On
December
4,
2003,
the
Board
filed
an
order
extending the appeal deadline until February 20,
2003,
a copy of which is
attached hereto as Exhibit
B.
Pursuant
to the Board’s December 4,
2003
order, this appeal is timely filed.
This
filing submitted
on recycled
paper as defined
in 35
Ill. Mm.
Code
101.202
2

WHEREFORE, Robert and Tony Thompson respectfully requests that the Board enter an
order that will provide that they be reimbursed from the UST Fund for their submitted costs and
for their attorneys’ fees and costs in bringing this appeal.
Respectfully submitted,
Robert and Tony Thompson
By:,
_____________
One of Their i~ttorneys
Carolyn S. Hesse, Esq.
Barnes & Thornburg
One North Wacker Drive
Suite4400
Chicago, Illinois 60606
(312)357-1313
206341v1
This
filing submitted on recycled
paper as
defined in 35
III. Adm. Code 101 .202
3

ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NogT~
GRA~o
AVENLE
EAST,
P.O.
Bcy’.
l927~, SPRi~iEL’, LLINO~
627~4-927(~~
~i~s
R.
THOMPSON
CE1~T1~.
100
WEST
gA~DL,LPK.SL’iTh
11-300.
C~IICAcO.IL
60601
ROD
R.
BLA~OIEVICH,
GOVERNoR
RENEE
Ci~i~i.~C.
DIRECTOR
217/782-6762
nrT,’H~2OO3
OCT
~ 7
2D03
j
Mr. Robert ThOmpson
‘•
do
-CW3M Company
Post
Office Box 571
CarlInville,
Illinois
62626
Re:
LPC
#0030055050
Alexander County
Cairo/Robert
&
Tony Thompson
4th & ‘Jefferson
LUST Incident No. 20020882
LUST FISCAL FILE
Dear Mr. Thompson:
The illinois Environmental Protection Agency has completed the review ofyour application for
-
payment from the Underground Storage Tank Fund for the above-referenced L,UST incident
pursuant to
Section 57.8(a) of the Illinois Environmental Protection Act (Act),
and 35
Iii. Adm.
Code 732, Subpart F.
This information is dated April
1.7, 2003
and was received by the Agency
on
September 18, 2003.
The application forpayment covers the period from June
1, 2002 to
November 30, 2002.
The
amount
requested is S30,71 1.89.
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 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 September
18, 2003,
the Agency received your complete application forpayment for this
claim.
As a result ofthe Agency’s review ofthis application for payment, a voucher for
$19,426.64
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
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 tc~
the above
application(s) for payment.
An under~’oundstorage 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
R~r,.r.~
,ILI)
.(30
N,,riIi M.~
I,’
S’r’~ei
.
Rocjic,rcl.
IL 611
C)
3
311 ~
‘iU7.7?h()
~I
Pi
Al’.’L~,
~
11. LV.
H,irricon
Si..
~
PI,,jn,.~,II
‘,iIC
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7~
~
11(1(1
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~
EC~in.CL
h(1
21
(11.17, 61111.11 ‘~l
I’I~
iL’
5.11
~
~.
Iji,i\pr~i1v
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II.
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A
EXHIBIT
1\
A

••
01TJ82On~
.Page2
.“
petitIon for a hearing within 35
days after the date ofissuance of the final decision.
However, the
35-day period maybe extended for a period of timenot to
exceed 90 days by written notice from
the o~ieror operator and the Illinois EPA within the initial
35-day
appeal period.
Ifthe
applicantwishes 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 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.
If you
have any
questions
or require further assistance, please
contact Catherine S. Elston
ofmy staff at 217/782-6762.
Since
y,
Daugl4’s
E.
Oakley, Manager
/
LUST Claims Unit
Planning
& Reporting Sectio
Bureau ofLand
DEO:CSE:cc\03 841 0.doc
Attachment
cc:
CW3M Company

.L~(fL~.JI
~
~.Si...J..1
I~JJ,~
-
LrW.~I’l L4JJ’IrANY
Attachment
A
~
r
i
~
20 fl ~
Accounting Deductions
Re:
LPC #0030055050
Alexander County
Cairo/Robert & Tony Thompson
4th &
Jefferson
LUST Incident NO. 20020882
-
LUST Fiscal File
-
Citations
in this attachment are from and
the Environmental Protection A-ct (Act) and 35 illinois
Administrative Code (35 Ill. Adm.
Code).
Item #
Description ofDeductions
Rate forper diem
is not reasonable
July
1—31,
2002
-
$6.00
Rate for per diem is not reasonable —October 1-31, 2002
-
$26.00
Rate formileage is not reasonable-
July
1-31ç 2’002
-
$5.10
Rate for mileageis not reasonable
-
Octoberl-31, 2002
-•
$26.40
Rate for Field Supervisor/Coordinator is not reasonable
October 1-31, 2002
-
$88.00
-
Rate forTrackhoe is not reasonable-j October 1-31, 2002
-
$33.75
MobilizationjDemobilization for backhoe and trackloader
is
not reasonable
-
$,1
,
1.
00~00
CSE:ct\03832.doc

BARNES &THORNBURG
Suite
4400
-
One
NorthWacker
Drive
Chicago, Illinois 60606-2809 U.S.A.
(312)357.1313
Fax (312)
759-5646
Carolyn
S.
Hesse
(312) 214-8301
www.btlaw.com
Email: .chesse@btlaw.com
:
-
November
19, 2003
VIA FACSIMILE
& FEDERAL EXPRESS
Mr. John Kim
Illinois Environmental Protection Agency
~C El
V~-
1021
North Grand Avenue East
~IW~jon
~
P.O.
Box
19276
.••.
Springfield, Illinois 62794-9276
~
2otJa
Re:
LPC #0030055050--Alexander
Cairo / RObert and Tony Thompson
-
4th
and Jefferson
LUST Incident #20020882
LUST FISCAL FILE
-
Dear John:
On October
17,
2003,
the Agency
issue4
a letter with respect to
the
above
referenced
LUST Incident regarding the payment, in part, ofcosts for which reimbursement was requested.
The letter was received
on October
18,
2003.
The amount requested for reimbursement
was $30,711.89.
The
letters
were
received
by
CW3M
on
behalf
of
Mr.
Robert
Thompson.
Mr. Thompson’s
facility
is
located,
in
Alexander
County,
Illinois.
A
copy
of the
letter
is
attached.
CW3M
believes
that,
based
upon
discussions
with
the
Illinois
Environmental
Protection Agency
and for other reasons, that we will, be
able to
resolve the issues raised in the
IEPA
letters.
However,
we believe
that
we
will
not
be
able
to
resolve these
issues
by
the
deadline for filing an
appeal ofthese issues to the Illinois Pollution Control Board.
Thus, this
is
a request for a
90
day
extension pursuant to
the
Illinois
Environmental Protection Act,
Section.
40(a)(1) and 35
IAC 105.406
to allow us the needed time to continue these discussions and to try
to resolve the issues.
On November 18,
2003, we discussed this request for a time extension and agreed to such
a time extension.
If for any reason the Agency will not seek the 90
day
extension, please notify
Chicago
Elkhart
Fort Wayne
Grand Rapids
Indianapolis
South Bend
Washington,
D.C.

Mr.
JolmKim
November 19,
2003
Page2
me
no
later than the close of business on November 20,
2003,
so that I may file the,appropriate
appeals to
the Board.
Ifyou have any
questions or comments, please do
not hesitate to
contact
me.
•‘
Sincerely yours,
BARNES & THORNBURG
Carolyn S. Hesse
CSHi~jmr
Enclosure
cc:
William Sinnott
Carol L. Rowe
183606v1
BARNES &ThORNBURG

CERTIFICATE OF SERVICE
I, the undersigned
attorney at
law,
hereby certify that
on November 21,
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
Carolyn S. Hesse
Illinois Pollution Control Board
Barnes & Thomburg
James R. Thompson Center
One North Wacker Drive
100 WestRandolph’ Street
Suite 4400
Suite 11-500
ç~ica,go,
IL
60606-2809
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Res
et
_____
~Th
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)

BEFORE
THE
POLLUTION CONTROL BOAR)
OF
TIlE
STATE OF ILLINOIS
ROBERT & TONY THOMPSON,
Petitioners,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
DorothyM. Gunn,
Clerk
Illinois Pollution ControlBoard
James
R. Thompson Center
100 WestRandolph Street
Suite
11-500
Chicago, IL 60601
Respondent.
)
)
)
)
NOTICE
PCBNo. 04-
(LUST
Ninety Day Extension)
Carolyn S. Hesse
Barnes
& Thomburg
One North Wacker Drive
Suite4400
Chicago, IL
60606-2809
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
Division ofLegal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143
(TDD)
Dated: November 21, 2003
.0
.0
EXHIBIT

BEFORE
THE
POLLUTION CONTROL BOAR)
OF THE
STATE OF ILLINOIS
ROBERT & TONY THOMPSON,
)
--
Petitioners,
)
v.
)
PCB No. 04-
ILLINOIS ENVIRONMENTAL
)
(LUST
-
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 forpetitioning for a
-
hearing to
February 20, 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 fmal decision.
In support thereof, the
Illinois EPA respectfully states as follows:
1.0
On October
17,
2003,
the Illinois
EPA issued a
final decision to the Petitioners.
(Exhibit A)
2.
On November
19, 2003,
the Petitioners 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 Petitioners represented
that the final decision was received on October
18, 2003.
(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 of any
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,
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)
-
Dated: November 21, 2003
-
This
filing submitted
on
recycled paper.
2

ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
~
1
091
NoRT~i
GRA~o
AvENL~E.-~ST. P.O. BO\ I 927~,
$P
.~IELO,ftLNOIS
62794~~76
~i~s
~.
TH0MPSC~
CENT~,100
WF.5~
gA’~OOLPH.
SL’ITE
1
-~00.
C~i:cAco.
IL
60601
ROD
R.
BLACOJEVICH,
GOVERNOR
RENEE
CIP~LA.\C’.DIRECTOI~
217/782-6762
-
-.
fl~TI
~2OO3
OCT
1
7
2D03
j
Mr. Robert Thompson
‘•
.
.
.
-.
do ~W3M Company
-
Post OfficeBox
571
Carlinville,
Illinois
62626
Re:
LPC #0030055050
--
Alexander County
Cairo/Robert & Tony Thompson
4th & Jefferson
LUST In~Ident
No. 20020882
LUST FISCAL FILE
Dear Mr. Thompson;
The Illinois Environmental Protection Agency has completed the review of your application for
-
payment from the T.Jnder~ound
Storage Tank Fund for the above-referenced LUST incident
pursuant to
Section
57.8(a)
of the Illinois Environmental Protection Act (Act), and
35
Ill.
Adm.
Code 732, Subpart F.
This information is dated April
17, 2003
and was receivedby the Agency
on September
18,
2003.
The application
forpayment
covers the period from June
1,
2002 to
November 30,
2002.
The amount requested is 530,7 11.89.
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 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 September
18,
2003,
the Agency received your complete application for payment for this
claim.
As a result ofthe Agency’s review of this application for payment, a voucher for
$19,426.64
will be prepared for submission to the Comptroller’s Office forpayment as funds
become available based
upon the date the Agency received your complete request forpayment of
this
application forpayment.
Subsequent applications for payment that have beenlare
submitted
will be processed based upon the date complete subsequent application for payment requests
are
received by the Agency.
This coxistitutes the Agency’s final action with regard
to- the above
application(s) for payment.
-
An under~’ound
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
R,
r r-~si~
~
~
M.thi
S’r~ei.
Rixki~orcl.
IL ~
1QI
fl
~
C)117.7?I,O
Di
Pi
~
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Pl,,irn.~,
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UW71
‘.I1)flI
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~
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A

-
Q1”.T
~.8
2Ofl’-~
.Page2
-
--
~
-
petitIon for a
hearing within 35
days after the date ofissuance of the final decision.
However, the
35-day period may be extended for a period oftimenot to exceed 90 days by written notice from
the owner or operator and the Illinois ~PA 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 ~PA as soon as possible.
For information
regarding the filing ofan appeal,
please contact:
Dorothy Gunn, Clerk
flhinois Pollution Control Board
State of flhinois Center
100 West Randolph, Suite 11-500
Chicago, Illinois
60601
3 12/814-3620
-
For information regarding the Iili±igofan
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 Catherine
S.. Elston
of my staff at 217/782-6762.
Since
y,
Doiigi4’s E.
Oakley, Manager
/
LUST Claims Unit
Planning
& Reporting Sectio
Bureau of Land
DEO:CSE:cc\038410.doc
Attachment
cc:
CW3M Company

2i(b22~12
CW3M COMPANY
PAGE
~4
Attachment A
nr
I
~
2
nfl~
Accounting Deductions
-
Re:
LPC #0030055050
Alexander County
Cairo/Robert
&
Tony Thompson
4th & Jefferson
LUST Incident No. 20020882
-
LUST Fiscal File
Citatio~isin
this attaclinient are from and the Environmental Protection A-ct (Act) and
35
Illinois
Administrative
Code (35 fll. Adm.
Code).
Item
#
Description ofDeductions
Rate for per diem is not reasonable
July
1—31, 2002
-
$6.00
.
Rate forper diem
is not reasonable —October 1-31, 2002
-
$26.00
Rate for mileage is not reasonable
July
1-31, ~b0Z
-
$5.10
Rate for mileageis not reasonable
-
October 1-31, 2002
-•
$26.40
Rate for Field Supervisor/Coordinator is not reasonable
October 1-31, 2002
-
588.00
Rate for Track.hoe is
not
reasonable
October 1-31, 2002
-
$33.75
MobilizationiDemobIlization for backhoe and trackloader is not reasonable
-
5.1,100.00
CSE: ct\03 832.doc

BARNES &THORNBURG
Suite 4400
OneNorth Wacker Drive
Chicago, Illinois 60606-2809 U.S.A.
(312)357.1313
Fax
(312)
759-5646
Carolyn
S.
Hesse
(312)
214-8301
www.btlaw.com
Email:
chesse@btlaw.com
-
November 19, 2003
VIA FACSIMILE & FEDERAL EXPRESS
Mr. John Kim
Illinois Environmental Protection Agency
~CEIV~
h
1021
North Grand Avenue East
6~~
~
P.O. Box
19276
jlqn
Springfield, Illinois
62794-9276
~
2öD~
-.
Re:
LPC#0030055050
--
Alexander
Cairo / RObert and Tony Thompson
-
-•
4th
and Jefferson
LUST Incident #20020882
LUST FISCAL FILE
.
Dear John:
On October
17,
2003,
the
Agency
issued
a
letter with respect to
the above referenced
LUST Incident regarding the payment, in part, ofcosts for which reimbursement was requested.
The letter was received on
October
18, 2003.
The amount requested for reimbursement
was $30,711.89.
The
letters
were
received
by
CW3M
on
behalf
of
Mr.
Robert
Thompson.
Mr.
Thompson’s
facility
is
located, in
Alexander
County,
Illinois.
A
copy
of the
letter
is
attached.
CW3M
believes
that,
based
upon
discussions
with
the
Illinois
Environmental
Protection Agency and for other reasons, that we will be able to resolve the issues raised in the
IEPA
letters.
However,
we believe that
we will
not
be
able
to
resolve these
issues
by
the
deadline for filing an appeal ofthese
issues to the Illinois Pollution
Control Board.
Thus,
this is
a request for a
90
day
extension pursuant to
the Illinois
Environmental Protection Act,
Section
40(a)(1) and 35
IAC 105.406 to allow us the needed time to continue these discussions and to try
to
resolve the issues.
On November 18, 2003,
we discussed this request for a time extension and agreed to
such
a time extension.
If for any reason the Agency will not seek the
90
day extension, please notify
Chicago
Elkhart
Fort Wayne
Grand
Rapids
Indianapolis
South Bend
Washington,
D.C.

Mr.
John Kim
November 19,
2003
Page
2
i-ne
no
later than the close of business on November 20,
2003,
so that I may file the. appropriate
appeals to the Board.
Ifyou have
any
questions
or comments,
please do
not hesitate to
contact
me.
Sincerely yours,
BARNES &
THORNBURG
~
~
•Carolyn S. Hesse
CSHIjmnr
Enclosure
cc:
William Sinnott
Carol L. Rowe
183606v1
BARNES &THOPNBURG

CERTIFICATE OF SERVICE
I, the undersigned
attorney
at law, hereby
certify
that on November
21,
2003, I served
true
and
correct
copies
of
a
REQUES.T
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~ostageaffixed thereto, upon the following named persons:
DorothyM. Gunn, Clerk
.
Carolyn S. Hesse
Illinois Pollution Control Board
Barnes & Thornburg
James
R. Thompson Center
One North Wacker Drive
100 WestRandolph Street
Suite 4400
Suite 11-500
Chicago,IL
60606-2809
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Res
et
_____
-
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)
.

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