RECE~VED
CLERK’S OFFICE
APR t 32004
BEFORE THE POLLUTION CONTROL BOARD
STATE
OF
ILIJNOIS
OF THE STATE OF ILLINOIS
PoItut~onContro’
Board
PCB No. 04-
(LUST Appeal
—
Ninety Day Extension)
NOTICE
Dorothy M. Gunn, Clerk
Mark Owens, 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
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
21 7/~82-9143 (TDD)
Pated: April 9, 2004
LARRY WEINEKE,
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
~EC~VEDCLERK’S OFFICE
APR 132004
STATE OF ILLINOIS
BEFORE THE POLLUTION CONTROL BOARD
POII~tI~~
Control Board
OF THE STATE OF ILLINOIS
LARRY WEINEKE,
)
Petitioner,
)
(I
U
ILLINOIS ENVIRONMENTALv.
))
PCBNo.04-(LUST
Appeal
J
—
~
Ninety DayExtension)
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, Joim 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 of the thirty-five
(35)
day period for petitioning for a
hearing to July 12, 2004, or any other date not more than a total of one hundred twenty-five
(125)
days from the date ofthe Illinois EPA’s final decision. The
125th
day is July 11, 2004, a
Sunday.
The next business day is July 12, 2004.
In support thereof, the Illinois EPA
respectfully states as follows:
1.
On March 5, 2004, the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2.
On March
15,
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 indicates that the final decision was received on March 8, 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 identif~iissues 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 administrat~veand 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,
Respo e t
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: April 9, 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
Roo R. BLAGOJEVICH, GOVERNOR
RENEE CIPRIAN0, DIRECTOR
217/782-6762
RECEf\/ED
MP~k C) 8 RE~’D
MAR05 2004
•
.
__
Larry Wemeke
Oakwood Acres
Fairfield, IL 62960
Re:
LPC #1270 155056
--
Massac County
Metropolis/Larry Weineke
201 West 10th Street
LUST Incident No. 20031268
LUST FISCAL FILE
Dear Mr. Weineke:
The Illinois Environmental Protection Agency has completed the review ofyour application for
payment from the Underground Storage Tank Fund for the above-referenced LUST incident
pursuant to Section
57.8(a)
ofthe Illinois Environmental Protection Act (Act), and 35 Ill. Adm.
Code 732, Subpart F. This information is dated February 9, 2004 and was received by the
Agency on February 13, 2004. The application for payment covers the period from August 1,
2003 to December 31, 2003. The amount requested is
$15,142.84.
The deductible amount to be assessed on this claim is $10,000.00. A portion ofthe deductible in
the amount of
$8,953.34
will be applied to this claim. The remaining balance of$1,046.66 will
be assessed on future claims. 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 February 13, 2004, the Agency received your complete application for payment for this
c1aim.~Asa result ofthe Agency’s review ofthis application for payment, a voucher cannot be
prepared for submission to the Comptroller’s office for payment. Subsequent applications for
pa~’mentthat have beenlare 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 to the above application(s) for payment;
An underground storage tank owner or operator may appeal this final decision to the Illinois
Pollution Control Board (Board) pursuant to Section 5 7.8(i) and Section 40 of the Act by filing a
petition for a hearing within 35 days after the date ofissuance ofthe final decision. However,
the 35-day period may be extended for a period oftime not to exceed 90 days by written notice
from the owner or operator and the Illinois EPA within the initial 35-day appeal period. If the
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applicant 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 ofan appeal, please contact:
Dorothy Guim, 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
This letter rescinds the Agency letter dated March 3, 2004.
If you have any questions or require further assistance, please contact Bill Richards of my
staff at 217/782-6762.
E. Oakley, Manager
LUST Claims Unit
Planni~ig& Reporting Section
Bureau ofLand
DEO:WWR:jk\043091 8.doc
Attachment
Si
;Iy,
cc:
United Science Industries
Attachment A
Accounting Deductions
Re:
LPC #1270155056
--
Massac County
Metropolis/Larry Weineke
201 West 10th Street
LUST Incident No. 20031268
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 ofDeductions
1.
$6,189.50,
deduction for costs incurred for the removal, disposal, or abandonment of
the underground storage tank(s), which were not removed in accordance with Office
ofthe State Fire Marshal regulations. (Section
57.5(b)
ofthe Act and 35 Iii. Adm.
Code 732.606(i))
An Administrative Order letter dated November 21, 2000 from the OSFM was
received by the IEPA along with the OSFM Reimbursement Eligibility and Deductible
Application dated December
15,
2003. Due to the Administrative Order being issued,
the Agency is unable to pay for tank removal costs.
Personnel
-
$4,130.00
Equipment
-
$1,877.50
Stock Items
-
$182.00
DEO:WWR:jk\043091 8.doc
P.O. Box 360
6295 East Illinois Highway 15
Woodlawn, Illinois 62898-0360
March
15, 2004
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Springfield, IL
62794-9276
Re:
LPC# 1270155056---Massac Co.
Metropolis/Larry Weineke
201 West
10th
Street
LUST Incident No. 20031268
ATTN: John Kim
Dear Mr. Kim,
United Science Industries, Inc. (USI), on behalf of our client,
requesting a 90-day extension to the 35-day appeal period
IEPA correspondence included.
I appreciate your time and consideration in this matter.
questions or comments regarding this matter please contact
2411 ext. 175.
Sincerely yours,
UNITED SCIENCE INDUSTRIES, INC.
ark Owens
Project Manager
Enclosures
Div~S1Ofl
of Legal
Counsel
MAR11 20134
EnvIroflmeflta~Protecti~fl
Agency
Phone: (618) 735-2411
Fax: (618) 735-2907
E-Mail: unitedscience@unitedscience.coni
Larry Weineke, is
in regards to the
If you have any
me at (618) 735-
~BIT
UNITEDSCIENCE INDUSTRIES
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on April 9, 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
Mark Owens, 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,
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)