)
)
RECE~1VEP
CLERK’S O~F~C~
MAR
~i
5 2OQk
))
(LUST
PCB
No.Appeal04-
(~1
—
Ninety Day Extension)
)
)
Dorothy M. Gunn, Clerk
flhinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Robert J. Puifrey, Project Manager
United Science Industries
P.O. Box 360
6295
East Illinois Highway 15
Woodlawn, IL 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 12, 2004
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
BIGGS BROTHERS SERVICE CENTER,
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
STATE OF
ILUNOIS
Pollution Control Board
NOTICE
~ECE~VE~D
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
MAR 152004
OF THE STATE OF ILLINOIS
BIGGS BROTHERS SERVICE CENTER,
)
Petitioner,
)
v.
)
PCBNo.04-
J~
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 June 10, 2004, or any other date not more than a total of one hundred twenty-five
(125)
days from February 6, 2004, the date of service of the Illinois EPA’s final decision. In
support thereof, the Illinois EPA respectfully states as follows:
1.
On February 4, 2004, the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2.
On February 6, 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 decision was was received on
February 6, 2004. (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 may be necessary to resolve this matter.
WHEREFORE, for the reasons stated above, the parties request that the Board, in the
interest of administrati’~eand judicial economy, grant this request for a ninety-day extension of
the thirty-five day period for petitioning for a hearing.
Respectfully submitted,
ILLINOIS ENVIRONMENTALPROTECTION 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 12, 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, 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
FEBQ4 2004
FEB U6REC’O
Biggs Brothers Service
~,
Attn: Julius (Sonny) Biggs
2540 North Kingshighway
Fairnrnnt City, Illinois 62201
Re:
LPC #1634255004
--
St. Clair County
Fairmont City/Biggs Brothers Service Center
2540 North Kingshighway
LUST Incident Number 990762
LUST FISCAL FILE
-
Dear Mr. Biggs:
On December 30, 2002, the Agency sent you a letter regarding the site referenced above. Upon
further review, an additional voucher for $5,245.81 will be prepared for submission to the
Comptroller’s Office for payment as funds become available.
An underground storage tank owner or operator may appeal this decision to the Illinois Pollution
Control Board (Board) pursuant to Section 5 7.8(i) and Section 40 ofthe Illinois Environmental
Protection Act. An owner or operator who seeks to appeal the Agency’s decision may, within 35
days after the notification ofthe final Agency decision, petition for a hearing before the Board;
however, the 35-day period may be extended for a period oftime not to exceed 90 days by written
notice provided to the Board from the applicant and the Agency within the 35-day initial appeal
period.
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 of an extension, please Contact:
R’~~
— 43112 NuriK 8Sjiu Streel. Rocktorci, IL 61103 - 81 5~9-~Th0 • Dfc R,u.NF~— 951 1 \u. Hirri~~nSt.. rr~I’Iii~e~,II 6001u - 1I4
- 595 South Slalu. EiRitt, IL 60123 — 84.~608-31 ii
•
Ri ~:‘. - 5415 N. Uni’-r~t.’Si., Peoria, IL 011,14
III’)~
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—
I_UNU
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~
~
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—
——
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Streei Ru., Spur
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A
Page 2
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.Harry Chappel of Doug Clay’s staff at 217/782-
6762.
Sincerely,
~las E. Oakley,
i~
LUST Claims Unit
Planning & Reporting Section
Bureau ofLand
DEO:CSE:HC:ct\043335.doc
cc:
United Science Industries
Attachment A
Accounting Deductions
Re:
LPC #1634255004
--
St. Clair County
Fairmont City/Biggs Brothers Service Center
2540 North Kingshighway
LUST Incident No. 990762
LUST Fiscal File
Citations in this attachment are from and the Environmental Protection Act (Act) and 35 Illinois
Administrative Code
(35
Ill. Adm. Code).
Item #
Description of Deductions
1.
$1,543.25
.
.
The High Priority budget approved on September
5,
2003 reduced the Personnel costs
that had originally been approved on November 7, 2002 and paid on the claim received
by the Agency on November 26, 2002. This reduction resulted in an overpayment of
Personnel costs of$l,543.25. That budget did increase the amount ofInvestigative
costs and Handling Charges that can now be paid. On the December 30, 2002 final
decision letter a deduction of $9,411.79 for Investigative costs was made based on the
November 7,’ 2002 budget. Of that amount, $4,962.50 can now be paid. A deduction
of $1,826.56 was made for Handling Charges, which can now be paid.
CSE:ct\043322.doc
P.O. Box 360
6295 East Illinois Highway 15
Woodlawn, Illinois 62898-0360
February 6, 2004
Phone: (618) 735-2411
Fax: (618) 735-2907
E-Mail: unitedscience@unitedscience.com
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Springfield, IL 62792-9276
Attn: John Kim
Re:
LPC# 1634255004—St. Clair Co.
Fairmont
CitylBiggs
Brothers Service Center
2540 North Kingshighway
LUST Incident No. 990762
Dear Mr.
Kim:
United Science Industries, Inc. (USI), on behalf of our client, Biggs Brothers
Service Center, 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. 145.
Sincerely yours,
UNITED SCIENCE iNDUSTRIES, INC.
RobertJ. Pulfrey
Project Manager
Enclosures
Division
~
~c~r~1
FEB 1~
~“‘‘~
Environmeflta~~teCt.~0fl
AgenCY
UNITED SCIENCE INDUSTRIES
CERTIFICATE OF
SERVICE
I, the undersigned attorney at law, hereby certify that on March 12, 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 ih a U.S. mail drop box located within Springfield, Illinois, with sufficient
First Class Mail postage affixed thereto, upon the following namedpersons:
Dorothy M. Gunn,
Clerk
Robert J. Pulfrey, 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,
John
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)