NOTICE
SECTION 1
SECTION 2
CERTIFICATE OF SERVICE

RECEIVED

CLERK’S OFFICE

BEFORE

THE POLLUTION CONTROL BOARD

OF THE STATE

OF ILLINOIS

STATE OF ILLINOIS

Pollution Control Board

PCBNo.04-

)

(LUST

Appeal

—

Ninety Day Extension)

)

NOTICE

DorothyM. Gunn, Clerk

Rachel Morgan,

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

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 Counse

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: May 6, 2004

ROBERT MEZO,

Petitioner,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

)

RECEIVED

CLERK’S OFFICE

MAY

2004

BEFORE

THE

POLLUTION CONTROL

BOARD

OF THE STATE OF ILLINOIS

STATE OF ILLINOIS

Pollution Control

Board

ROBERT MEZO,

)

Petitioner,

)

PCBNo.04-

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

Section

40(a)(1)

of the

Illinois

Environmental

Protection

Act

(415

ILCS

5/40(a)(1))

and

Ill.

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

August 4,

2004,

or any

other date not more than a total of one hundred twenty-five

(125)

days from April

1, 2004,

the date of service ofthe illinois EPA’s final decision.

In support

thereof, the illinois EPA respectfully states as follows:

On March

31,

2004,

the

Illinois

EPA issued

final decision to

the Petitioner.

(Exhibit A)

On April 20, 2004, the Petitioner made a written reque~t

to the Illinois EPA for an

extension of time by which to file a petition for review, asking the Illinois EPAjoin in requesting

that the Board extend the thirty-five day period for filing a petition to ninety days.

The Petitioner

represented that the final decision was received on April

1, 2004.

(Exhibit B)

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,

the

interest ofadministrative and judicial

economy, grant this request for a ninety-day extension of

the thirty-five day period forpetitioning for a hearing.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

John

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: May 6, 2004

This filing submitted on recycled paper.

//~c~/7-’

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH GRAND

AVENUE EAST,

P.O.

Box

19276,

SPRINGFIELD,

ILLINOIS

62794-9276,

217-782-3397

JAMES

THOMPSON

CENTER,

100

WEST RANDOLPH,

SUITE

11-300,

CHICAGO,

IL 60601, 312-814-6026

ROD

BLAGOJEVICH,

GOVERNOR

RENEE

CIPRIANO,

DIRECTOR

217/782-6762

MAR 3

20fl~

CERTIFIED MAIL

?002

3150

0000

1255

~246

East Side Shell

Attn: Robert Mezo

P.O. Box 575

West Frankfort, IL 62895

Re:

LPC #0550705044

Franklin County

West Frankfort/Robert Mezo

1202 E. Main St.

LUST Incident No. 20000675

and 20001394

LUST Technical File

Dear Mr. Mezo:

c~r~i

APR

REC’U

The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority

Corrective Action Plan Budget (budget) submitted for the above-referenced incident.

This

budget, dated January 29, 2004, was received by the Illinois EPA on January 30, 2004.

Citations

in this letter are from the Environmental Protection Act

(Act) and 35

Illinois Administrative

Code

(35

Ill. Adm. Code).

The budget is modified pursuant to

Section

57.7(c)(4)

ofthe Act and 35

111.

Adm. Code

732.405(c).

Based on the modifications

listed in Section 2 ofAttachment A, the amounts listed

in Section

1 of Attachment A are approved.

Please note that the costs must be incurred in

accordance with the approved plan.

Be aware

that the amount ofreimbursement maybe

limited

by Sections 57.8(e),

57.8(g)

and 57.8(d) of the Act,

as well as 35

Ill. Adm. Code 732.604,

732.606(s), and 732.611.

All future correspondence must be submitted to:

Illinois

Environmental Protection Agency

Bureau ofLand

#24

Leaking Underground Storage Tank Section

1021

North Grand Avenue

East

Post Office Box

19276

Springfield, IL

62794-9276

511

W. Harrison

St.,

Des Plajnes, IL 60016— (847) 294-4000

niversity

St.,

Peoria.

IL 61614—1309) 693-5463

—2125

South First Street, Champaign,

IL’61 820 —(217) 278-5800

—

2009 MalI

Street,

Collinsville,

IL 62234 —(618) 346-5120

59 —(618) 993-7200

Please submit all correspondence in duplicate and include the Re: block shown at the beginning

ofthis letter.

_______________________

ROCKFORO

—

4302

North

Main

Street, Rockford,

61103

—4

E)(HIBIT

ELGIN

—595

South

State,

Elgin,

60123

—

(8471

BUREAU

LANO

PEORIA

—7620

University

St.,

Peoria,

II.

61611

SPRINGFIELD

—4500

S. Sixth Street

Rd., Springfield,

62701

MARIbN

—

2309 W.~

lPc

Page 2

An underground storage tank system owner or’ operatormay appeal this decision to

the Illinois

Pollution Control Board.

Appeal rights are attached.

If you have any questions or need further assistance, please contact Scott McGill at (217)1524-

5137.

Sincerely,

Clifford L.

Wheeler

Unit Manager

Leaking Underground Storage Tank Section

Division ofRemediation Management

Bureau ofLand

Attachment:

Attachment A

Appeal Rights

cc:

United Science Industries, Inc.

Division File

AttachmentA

Re:

LPC # 0550705044

Franklin County

West Frankfort/Robert Mezo

1202 E.

Main St

LUST Incident No. 20000675

and

20001394

LUST Technical File.

Citations

in this

attachment are from

the Environmental Protection Act (Act) and 35 Illinois

Administrative Code

(35

Ill. Adm.

Code).

SECTION

The budget was previously approved

for:

$1,382.40

Investigation Costs

$981.00

Analysis Costs

$6,700.00

Personnel Costs

$538.00

Equipment Costs

$93.30

Field Purchases and Other Costs

$7.20

Handling Charges

The following amounts are approved:

$0.00

Investigation Costs

$0.00

Analysis Costs

$800.00

Personnel Costs

$0.00

Equipment Costs

$0.00

Field Purchases and Other Costs

$0.00

Handling Charges

Therefore, the total cumulative budget is approved

for:

$1,382.40

Investigation Costs

$981.00

Analysis Costs

$7,500.00

Personnel Costs

$538.00

Equipment Costs

$93.30

Field Purchases and Other Costs

$7.20

Handling Charges

SECTION

$3,000.00

for excessive personnel costs.

These costs are for activities in excess ofthose

necessary to meet the minimum requirements ofTitle XVI ofthe Act (Section

57.5(a)

the Act and 35

Ill. Adm.

Code 732.606(o)).

The Agency has reviewed the activities to

be completed as part ofthe plan and approved

a reasonable amount of personnel dollars for this effort.

We do not specify number ofhours or type ofpersonnel expected to complete the

proposed activities,

only a reasonable total amount.

How

a consultant chooses to use this

amount (type ofpersonnel used and

number ofhours) is up to them

as long

as the

approved total

amount is

not exceeded and the personnel rates are reasonable.

Appeal Rights

An underground storage tank owner or operator may appeal this

final decision to the Illinois

Pollution Control Board pursuant to

Sections 40 and

57.7(c)(4)(D)

of the Act by filing a petition

for a hearing within 35

days after the date of issuance 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.

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 ofan appeal, please contact:

Dorothy Gunn, Clerk

Illinois Pollution Control Board

State of Illinois Center

100 West Randolph, Suite 11-500

Chicago, IL

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

Post Office Box

19276

Springfield, IL

62794-9276

217/782-5544

RO. Box 360

Phone: (618)

735—2411

6295

East Illinois Highway

Fax:

(618) 735—2907

Woodlawn, Illinois 62898-0360

E-Mail:

April 20, 2004

Illinois

Environmental

Protection Agency

Division of Legal Counsel

1021

North Grand Avenue East

Springfield,

IL 62792-9276

Attn: John Kim

Re:

LPC# 0550705044--Franklin

Co.

West

Frankfort/Robert Mezo

1202 East Main Street

LUST Incident No. 20000675 and 20001394

Dear Mr. Kim,

United

Science

Industries,

Inc.

(USI),

behalf of our

client,

Robert

Mezo,

requesting

90-day

extension

the

35-day

appeal

period

regards

the

IEPA correspondence included.

appreciate

your

time

and

consideration

this

matter.

you

have

any

questions or

comments

regarding

this

matter please

contact

(618)

735-

2411

ext.

172.

Sincerely yours,

UNITED SCIENCE INDUSTRIES,

INC.

Rachel Morgan

Project Manager

DW~S~On

Enclosures

RM~bg

~geflQV

~HIBIT

ruNITED

SCIENCE INDUSTRIES

CERTIFICATE OF SERVICE

I, the undersigned attorney at law,

hereby certify that on May 6, 2004,

I served

true and

correct

copies of a

REQUEST

FOR

NINETY DAY EXTENSION

APPEAL

PERIOD,

placing true

and

correct

copies

in properly

sealed and

addressed

envelopes

and

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

Rachel Morgan, 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 i~.

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)

-1’