R~C~IIVED

CLERK’S OFFICE

JUN

1

6

2004

STATE OF ~LL~NO~S

Pollutiofl~P~R~i~.

C.

Tel

3125691000

I

Fax

3125693000

member

www.gcd.com

World Law

Group

a

global

network

ofindependent

firm, located in

37 countrie,

June

15, 2004

By Facsimile (217) 782-9807

and OverniA’ht Mail

Illinois Environmental Protection Agency

Division ofLegal Counsel

1021

N. Grand Avenue East

P.O. Box

19276

Mail Code 21

Springfield, Illinois

62794-9276

Re:

SG Supply,

12900 South Throop Street, Lust Incident No. 20011086

Requestfor Extension ofTime to File Appeal ofMay 18, 2004 Decision

Dear Legal Counsel

SG Supply, through its legal counsel Gardner Carton & Douglas LLP, respectfully

requests that the Illinois Environmental Protection Agency (“Illinois EPA”) grant an extension of

time to file an

appeal of a final decision issued by the Illinois EPA to SG Supply on May 18,

2004 related to the above-referenced Lust Incident Number.

This request is made pursuant to

Sections 40 and

57.7(c)(4)(D)

of

the Illinois Environmental Protection Act, which allows an

extension ofthe time that an applicant can petition the Illinois Pollution Control Board (“Board”)

for a hearing from

35

days to 90 days.

The Illinois EPA’s final decision was issued on May 18,

2004, and the 35-day appeal periodwill expire on June 22, 2004.

SG Supply is requesting that the Illinois EPA agree to extend the period to allow

additional time for discussion between the Illinois EPA and

SG Supply ofcertain proposed Lust

Fund Reimbursement costs that the Agency denied.

Specifically, in its final decision, the Illinois

EPA denied “$23,820.00 for proposed concrete replacement” and “$68,680.00 for sewer line

repair, water line repair, gas line repair, fence replacement, removal and installation ofstorage

racks,

and shoring ofsewer line.”

While the Illinois EPA asserted that the costs did not meet the

eligibility requirements for accessing the Fund because the costs allegedly are not associated

with “corrective action” as defined by the rules,

SG Supply and its contractors

are evaluating

whetherthe Agency’s position is contradicted by the regulations and prior awards from the Fund.

Gardner Carton &

Douglas

~p

GCD

STEVEN

J. MURAWSKI

(312)

569-1445

Fax:

(312)

569-3445

smurawski@gcd.com

---

Illinois

Environmental

Protection Agency

June 15, 2004

Page 2

SGSupply requests

this extension so that

it has ample time to reevaluate the

corrective

actionnecessary to appropriatelyremediate the facility

and

to evaluate what specific actions

should be reimbursed according to the rules.

Furthermore, SG Supply believes that this short

extensionoftime will allow it to

contact the Illinois EPA to potentially resolve any

misunderstanding by the Agency about SG Supply’s proposed High Priority Correction Action

Plan; these discussions may eliminate the need for a hearing in this mafter.

Finally, if theparties

cannot come to an agreement on allowable costs, the extra time will allow the parties to identify

and limit the issues to be addressed at any hearing that may be necessary to

address the Illinois

EPA’ final decision.

Thank you for your consideration, and please let me know if you need additional

information.

Very truly yours,

Steven J

rawski

cc:

Dorothy Gunn, Clerk,

IPCB’~”

Dennis Carlin

Dwight Deleeuw

CHO2/

22319716.1