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

Ci,

—

U~1

7~

~

11(1(1

—

~‘JS~

~

EC~in.CL

h(1

21

—

(11.17, 61111.11 ‘~l

•

I’I~

iL’

—

5.11

~

~.

Iji,i\pr~i1v

Si..

I’Li’fii.

II.

1,11,14

—

I

3(II:

(,J;.~.1(,

~

•~ii,i

L

~i

i

—

P~i

,j~i’\

—

i

N.

L,fli’.’yr~th

si..

~

IL

1,1 3,I~

—

•iL11(

I i,’I

‘4

.~.1

I

.~

•

Ci

•\~j~,\(~

..

—

“I

‘

Sri

I

.‘.

(.h~imj

hi ~

U

1

1 i~I~

—

i~

I

.

7Ci~

,iCO()

—

~

~Oñ

~.

Skil’

Sir~-,ii

Rd.. Sprirt~~~

vilk~:

IL 1,12

1.1

—

i(~

lii,

3.ltr.51

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

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

~

—

‘P1 1.W. H~,rric,n51.. D~c

Pl,,irn.~,

c,fl(~

(,

..

UW71

‘.I1)flI

—

5’~~

~

Eh~in.

IL i~(I~.2

I

—

U147

(,UiI..i1 ‘~I

•

—

5

I\.

,in,~-r~iiv

si..

I’,.’c’rii.

IL

1,11,14

—

I

U~’’~

~

~

-~

ui

L ‘.~u

,

—

I’~

,Ki-~

—

uu2l

N.

~n

tt~r!.if\‘~l

-.

P

ia

IL (~

1 (~

I

.~—

lI1~? (,‘J

1.5414

Ci

.\¼~’AI~

—

Y~

5

I

(II~1,i1i

Id

w~.

II

I

I’

—

I

4711. 51100

S~,~I;ILI,

‘~

—

~SO’~

S. Ski

Ii

Sir~u~i

Rd.. ~princ

~

viIl~.IL

I’2

.~

14

—

i~

1lI~

I.11~.

5

I

2(1

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)

.