ILLIOPOLIS GRAIN COMPANY,
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
JamesR. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Respondent.
V.
RECEIVED
CLERK’S OFFICE
MAR 05 2004
STATE OF ILLINOIS
Pollution Control Board
)
PCBNo.04-
)
(LUST Appeal
—
Ninety Day Extension)
)
)
)
)
NOTICE
Sallie Minks, Project Manager
United Science Industries
P.O. Box 360
6295 East Illinois Highway 15
Woodlawn, II. 62898-0360
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 of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: March 3, 2004
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
John
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
ILLIOPOLIS GRAIN COMPANY,
)
Petitioner,
)
V.
)
ILLINOIS ENVIRONMENTAL
)
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 ofthe thirty-five
(35)
day period for petitioning for a
hearing to June 1, 2004, or any other date not more than a total ofone hundred twenty-five (125)
days from January 28, 2004, the date of service ofthe Illinois EPA’s final decision. In support
thereof, the Illinois EPA respectfully states as follows:
1.
On January 27, 2004, the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2.
On February 13, 2004, 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 final decision provided by the Petitioner indicates the’ letter was received on January 28,
2004. (Exhibit B)
RECEIVED
CLERK’S OFFICE
MAR 05 2004
STATE OF ILLINOIS
Pollution Control Board
PCBNo.04-
(LUST Appeal
—
Ninety Day Extension)
1
3.
The additional time requested by the parties may eliminate the need for a hearing
iii
this matter or, in the alternative, allow the parties to identify issues and limit the scope of any
hearing that may be 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
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: March 3, 2004
This filing submitted on recycled paper.
2
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276
JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601
ROD R. BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
217/782-6762
JAM 2
7 2U04
JAN
?~
8 ~EC’D
Illiopohs Grain Co.
Attn: William Peters
212 Anne Street
Illiopolis, Illinois 62539
Re:
LPC #1 670555006
--
Sangamon County
Illiopolis/Illiopolis Grain Co.
246 Louisia Street
LUST Incident #922178
LUST FISCAL FILE
-
Dear Mr. Peters:
The Agency has completed the review ofthe request for. reimbursement of corrective action costs
from the Illinois Underground Storage Tank Fund for the above-referenced facility. The invoices
reviewed covered the period from June 1, 2003 to July 31, 2003. The amount requested was
$91,087.95.
The deductible amount for this claim is $10,000.00, which was previously deducted from the
Invoice Voucher dated June 10, 1997. 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 August 13, 2003, the Agency received your complete request for payment for this claim. As a
result of the Agency’s review ofthis claim, a voucher for $87,030.95 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 ofthis claim. Subsequent claims
that have beenlare submitted will be processed based upon the date complete subsequent billings
requests are received by the Agency.
This constitutes the Agency’s final action with regard to the above invoices. An underground
storage tank owner or operator may appeal this final decision to the Illinois Pollution Control
Board (Board) pursuant to Section 22.18b(g) and Section 40 of the Act by filing a 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 oftime not to exceed 90 days by written notice from the
ROCKFORO —4302 No~hMain Street, Rockford, IL 61103 - (815) 987-7760
• Dts PLAINES - 951 1 W.
r
s Plaines, IL 60016 - (847) 294-401)0
ELGIN—
595
South State, E)gin, ~
I 614 —(309) 603-5463
BUREAU
OF
LAND - PEORIA — 7620 N. University St.,
I, Champaign, IL 1)1820 —(217) 278-5800
SPRINGFiELD— 45005. SiRth Street Rd., Sprin~
~nsviIIe, IL 62234 — (618) 345-5120
MAR
Page 2
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 of an 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, please contact Kevin Mably of my staff or Sam Hale ofCliff
Wheeler’s staff at 217/782-6762.
DEO :KM:mls\043457.doc
Attachment
Dougi’as E. Oakley, Manager
LUST Claims Unit
Planning & Reporting Section
Bureau ofLand
cc:
United Science Industries
Attachment A
Accounting Deductions
Re:
LPC#1670555006-- Sangamon County
Illiopolis/Elliopolis Grain Co.
246 Lousisia Street
LUST Incident No. 922178
LUST FISCAL FILE
Item #
Description of Deductions
-1.
$299.00, deduction in costs that the owner/operator failed to demonstrate were
reasonable (Section 22.1 8b(d)(4)(C) of the Environmental Protection Act).
•
United Science Industries -.Invoice #18-13280
$279.00 Personnel
-
United Science Industries
-
Invoice #1 8-13280
$
20.00 Equipment
$299.00 Total Accounting Deductions
- -
KM:mls\043459.doc
Attachment A
Technical Deductions
Re:
LPC#1670555006--Sangamon County
Illiopolis/Elliopolis Grain Company
246 Louisia Street
--
LUST Incident No~922178
LUST FISCAL FILE
-
Item #
Description ofDeductions
$3,758.00, deduction in costs that the owner/operator failed to demonstrate were
reasonable (Section 22.l8b(d)(4)(C) ofthe Environmental Protection Act).
-
CLW:SH:jk\043607.doc
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~
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-
--,~ -~--~- -
1.
9
-~-
00
6,I’R.d IZ.
P.O. Box 360
Phone: (618) 735-2411
6295 East Illinois Highway 15
Fax: (618) 735-2907
Woodlawn, Illinois 62898-0360
E-Mail: unitedscience@unitedscience.com
February 13,2004
-
Illinois Environmental Protection Agency
Division of Legal Counsel
-
1021 North Grand Avenue East
Springfield, IL 62792-9276
-
Re:
LPC# 1670555006
—
Sangamon County
Illiopolis/llliopolis Grain Company
-
246 Louisa Street
-
LUST Incident No. 922178
Dear Mr. John Kim:
United Science Industries, Inc. (USI), on behalf of our client, Mr. William Peters,
is requesting a 90-day extension to the 35-day appeal period in regards to the -
IEPA correspondence dated January 27, 2004. A copy of the correspondence is
attached.
I appreciate your time and consideration in this matter. If you have any
questions or comments concerning the above, please contact me at (618) 735-
2411 ext 166.
Sincerely yours,
UNITED SCIENCE INDUSTRIES, INC.
.
-
Sallie Minks
Project Manager
-
Enclosures
‘~
r
~--~
cc Mr William Peters
~ L-~t~
f
, -~
Division of LcC2! (-LI~-~
FEB 1 7 ~
Environmentai Protection
UNITED SCIENCE INDUSTRIES
Agency
CERTIFICATE OF SERVICE
I, the
undersigned attorney at law, hereby certify that on March 3, 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
Sallie Minks, 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, IL60601
-
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
JohiØ. 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)