BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
NOTICE
REQUEST FOR NINETY DAY EXTENSIONOF APPEAL PERIOD
Proof of Service
CERTIFICATE OF SERVICE
1021 North Grand Avenue, EastP.O. Box 19276

BEFORE

THE POLLUTION CONTROL BOARD

OF THE

STATE OF ILLINOIS

ILLINOIS AYERS OIL COMPANY

)

(Ayerco #7),

)

Petitioner,

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

Dorothy M. Gunn,

Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite

11-500

Chicago,

IL 60601

NOTICE

RECEØVED

CLERK’S OFFICE

SEP

2004

STATE OF ILLINOIS

Pollution Control Board

PCB No. 05-

(LUST Appeal

—

Ninety Day Extension)

Fred C. Prillaman

Mohan, Alewelt, Prillaman & Adami

Suite 325

1 North Old Capitol Plaza

Springfield, IL

6270 1-1323

PLEASE TAKE

NOTICE that

have today filed

with the

office of the

Clerk of the Pollution

Control

Board

a REQUEST FOR NINETY DAY

EXTENSION,

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:

September

1, 2004

BEFORE THE POLLUTION CONTROL BOARD

SEP

2004

OF THE STATE OF ILLINOIS

STATE OF

ILLINO

PoIIutjo~-j

Control

ILLINOIS AYERS OIL COMPANY

)

&~Oard

(Ayerco

#7),

)

Petitioner,

)

PCB No.

05-

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

5140(a)(1))

and

Ill.

Adm.

Code

105.208,

hereby requests

that

th& Illinois

Pollution

Control Board (“Board”) grant an extension ofthe thIrty-five

(35)

day period for petitioning for a

hearing to January

2005,

or any other date not

more than a total of one

hundred

twenty-five

(125)

days from the date of service ofthe Illinois EPA’s

final decision.

In support thereof, the

Illinois EPA respectfully states as follows:

July

28,

2004,

the

Illinois

EPA issued

final

decision

the

Petitioner.

(Exhibit A)

On August 31, 2004, the Petitioner made a written request to the Illinois EPA for

extension of time

which

file

petition

for review,

asking

the

Illinois

EPA join

requesting that

the Board

extend the thirty-five

day period for

filing

a petition

ninety

days.

The Petitioner did

not represent when the

final

decision was received, though

the Illinois

EPA

notes the final decision could not be delivered until July 29, 2004 at the earliest.

(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

hearingthat may be necessary to resolve this matter.

WHEREFORE,

for the

reasons stated

above,

the parties

request that

the

Board,

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: September

2004

This filing submitted on recycled

paper.

AUG—30—2004

15:08

217782980?

p.04/OS

AUG—30-2004 NON 03:04 PM MORAN LAW OFFICES

 FAX NO.

2175282553

P.

04

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH GRAND AVENUE

EAST.

P.O. Box

19276,

SPRINGFIELD.

ILLINOIS

62794-9276

JAMES

THOMPSON

ONmR.

100 WEST

RANDOLPH. Surrg

11-300.

CHICAGO,

&)601

Ron

BLAGQ;EVICH,

GOVERNOR

RENEE CIPRIANO,

DIRECTOR

217/782-6762

JiL:ô

Illinois Ayers Oil Company

Attention:

 Carl

Adams,

Jr.

P.O.

Box

772

Quincy.

Tflinois

62301

Re:

LPC #0170155047

Cass County

Beardstownijllinois Ayers Oil Company (Ayerco #7)

310

State Street

LUST Incident No. 20002020

LUST FISCAL FILE

Dear Mr. Adams:

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) of the Illinois Environmental Protection Act

(‘Act). and 35 Ill. Adm.

Code

732, Subpart F.

This information is

dated May 24. 2004 and was received by the Agency

on June

1, 2004.

The application for payment covers the period from October 4, 2001

to May

20, 2004.

The amount requested is

$31,474.98.

The deductible amount forthis claim

is $1 0.000.00.

The total amount ofthe claim received on

June 20, 2001 for $2,328.40 was applied to the deductible.

The balance of$7,671.60 was taken

from the claim received on February

11, 2002 for $21,602.74, thus fulfilling the deductible

amount.

There are costs from this claim that are not being paid.

Listed

in Attachment A arc the

costs

that

are not being paid and the

reasons these costs

are not being paid.

On July 16, 2004, the Agency received your completeapplication

forpayment for this claim.

a result ofthe Agency’s review of this application for payment,

voucher for $18,446.64 will be

prepared for submission

to the Comptroller’s Office forpayment as funds become available

based upon the date the Agency received your complete request for payment ofthis application

for payment.

Subsequent applications for payment that have been/are submitted will

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.

RctrK?ctgo

—

43D2

Ncrtli

Main SIft~eI

Rockjord,

611(11

011

4117-7760

•

AINI¼-

‘1511

W. Harrison St..

lk.t. f’taine~s,

1~)tt1

—

111471 214.4001)

ELLIX

—

595 South SIRIe.

Elgirt.

11.

61)723

—

13471 603-3131

•

—5415

Iiaiversity St., Peoria.

61114

—

(30’))

693-5463

L~.n

PLus.’

—76211

N’.

University

St..

Penn;,,

61614— filM

193—5462

•

CIlM’J’aW,~

—

2123

South First

Street,

c:h.u,,i~,,t,tn.

821)— 1217

i78.5301)

SI Ll\CFICLU

—

4300

Spxth Sires I Rd

Spr,nyrtlcl

(j2”llh

I’

71t6—I 1192

Ctii’

,r*v1i

_IIII’) Mill

Sin1 LI

Lulls

viM,

IL 61.34

—

Ic, IN;

141

3121

—

2109

Main

Sr., Suite

I 11,.

Minion. IL

6215’)

—(6111

99:1—721111

,~,

~..•

1E~IBIT1

‘6’’

AUG—30—2004

 15:08

2177829807

AUG—30—2004

NON

03:04

NONAN

LAW

OFFICES

Page 2

FAX

NO.

2175282553

2177829807

An underground storage tank owner or operator may appeal this final decision to the Illinois

Pollution Control

Board (Board) pursuant to Section

57.8(i)

and Section 40

ofthe Act by filing a

‘petition for a hearing within 35 days after the date ofissuance ofthe final decision.

However,

the

35-day period maybe

extended for a period oftime not to exceed 90 days by written notice

from the o~vner

or operator and the Illinois EPA within the initial 35-day appeal period.

If the

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 ofthis 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 WestRandolph, 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

Ifyou have any questions

or require further assistance, please contact Nancy Moore of my

staffat 217/782-6762.

DEO:NM:bjh\04l585.doc

Attachment

p.05/06

Oakley, Manager

LUST

Claims Unit

Planning & Reporting Section

Bureau of Land

cc:

CSD Environmental Services, Inc.

AUG—30—2004

 15:08

2177829807

2177829807

 P.06/06

AUG—30—2004 MON 03:05

 PM MOHAN LAW OFFICES

FAX

NO.

2175282553

P.

08

AttachmentA

Accounting Deductions

Re:

LPC#0170155047--CassCounty

BeardstownllllinoisAyers Oil Company (Ayerco #7)

310 State Street

LUST Incident ‘No. 20002020

LUST Fiscal File

Citations in this attachment are from and the Environmental Protection Act (Act) and

Illinois

Administrative

Code (35 III. Adm. Code).

Item~

Description of Deductions

I.

 $12,127,34, deduction for costs associatedwithHigh Priority site activities. The

billings submitted exceed theapproved budget

amounts.

The Illinois EPA

 is unable to

approve billings that exceed the approved budget amounts.

(Section

57.8(a)(

I) ofthe

Act and 35 III. Adm. Code 732.601ffl)

The amount requested for Investigation Costs ($8, 103,72) exceeds the nmount

approved for this line item in the High Priority budget with an approval date of

March 28, 2003

($3,647.88).

The difference of$4,455.84 is being deducted.

The amount requested for Personnel Costs

($21,735.50)

 exceeds theamount

approved for this line item in the High Priority budget ($14,064.00).

The

difference of $7,671.50 is being deducted,

$901.00, deduction for costs whióh are unreasonable as submitted.

(Section

57.7(c)(4)(C) ofthe Act and

Ill. Adm.

Code

732.606(hh))

CSD Environmental Services has a direct or indirect financial interest in

Heartland Drilling

& Remediation.

Since both companies are owned by the same

entity, it is the Agency’s position that handling charges are not warranted.

DEO:NM;bjh\O4 I585,doc

TOTAL P.06

MOHAN,

ALEWELT,

PRILLAMAN

& ADAM

LAWYERS

SUITE

325

NORTH

OLD

CAPITOL

PLAZA

FRED

PRILLANIAN

JAN ES T

MOHAN

PAUL

E.ADAMI

SPRINGFIELD.

ILLINOIS

62701-1323

EDWARD

J.ALEWELT

CHERYL 5.

NEAL

www.mohanlaw.com

COUNSEL

PATRICK

SHAW

TEL 12)7)

525-2517

JOEL

BENOIT

FAX

(2171 528-2553

CHRISTOPHER

OSWALD

E-MAIL

mapa@famlly-net.net

ALSO ADMITTED

MISEOURI

August 31,

2004

 VIA FACSIMILE AND

MAIL

RECEIVED

Division

Lo~f

Qoun~j

John J.

Kim

ç~

—

~V)~

Assistant

 Counsel

Special

 Assistant Attorney

General

 Environmental Proteotlon

Division of Legal Counsel

1021 North Grand Avenue, East

 Agency

P.O. Box 19276

Springfield,

 IL 62794-9276

Re:

 LPC #0170155047

Beardstown/Illinois Ayers Company

 (Ayerco #7)

310 State Street

LUST Incident No. 20002020

Dear John:

We are the attorneys for Illinois Ayers Oil Company.

Pursuant to Section 40 (a) (1)

 of the Illinois Environmental

Protection Act,

 415 ILCS 5/40(a) (1),

 and 35 Ill.Adm.Code Sec.

105.208, our client requests that the Pollution Control Board

grant a 90-day extension of time to appeal the Agency’s July 28,

2004,

 decision in this matter.

 A true and correct copy of the

said decision letter is attached hereto as Exhibit

A.

The Applicant requests such extension for a period of

90

 days,

 for the reason that the Applicant, by and through its

attorneys,

 intends

 to meet with appropriate Agency personnel in

the near future with the hope and expectation of working out a

 fair and reasonable settlement

 of the issues,

 thereby obviating

the need for a formal appeal and hearing.

 Such efforts are more

likely to succeed if they are unencumbered with the litigation

responsibilities and deadlines which would apply if an immediate

appeal were taken.

The Applicant hereby requests the Agency to file its

concurrence with the Board

 so that the statutory extension may be

granted.

Your prompt attention to this request would be greatly

appreciated.

Thank you.

Very truly yours,

MOHAN,

 ALEWELT

L~RILLAMAN &

ADANI

~77J

7/i7.~F

By

~7t-~-7

...~

~——~-

Fred

Pki~aman

 WRITER’ S E-MA’~tL:~ri11arnan@rnohan1aw.corn

FCP/ptd

cc:

Illinois

Pollution

Control

Board

P;\MAPA\cDAVIS\Illinois Ayers Oil\Kim

 08 31

O4wpd

 sew 8/31/04

Proof

Service

The undersigned certifies that a

Letter of Request for Extension was served

parties by enclosing the same in envelopes

parties with

postage

fully

prepaid,

and

envelope

U.S.

Post

Office

mail

box

on the

 31st

day of August,

 2004:

Dorothy

Gunn,

Clerk

Illinois Pollution Control Board

James

 R. Thompson Center

100 W.

Randolph,

Suite

 11-500

Chicago,

 IL 60601

John

 J. Kim

copy

the

foregoing

upon

the

following

addressed to said

depositing

said

Springfield,

 Illinois

Special

Assistant

Attorney

General

Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

P.O. Box 19276

Springfield,

IL

MOHAN,

ALEWELT,

PRILLAMAN

ADAMI

North

Old

Capitol

Plaza

Suite

325

Springfield,

IL

62701

(217)

 528-2517

P~\MAPA\CDAVIS\I11inoisAyers Oil\Kim 08 31 04.wpd

 sew 8/31/04

aman

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on September

1, 2004,

I served true

and

correct

copies of a

REQUEST

FOR NINETY

EXTENSION, 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

Fred

C. Prillaman

flhinois Pollution Control Board

Mohan, Alewelt, Prillaman & Adami

James R. Thompson Center

Suite

325

100

West Randolph Street

1 North Old Capitol Plaza

Suite 11-500

Springfield,

62701-1323

Chicago, IL 60601

ILLINOIS

ENViRONMENTAL

PROTECTION AGENCY,

Johii-J~

Kim

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021 North Grand Avenue, East

P.O.

Box

19276

Springfield, Illinois62794-9276

217/782-5544

217/782-9143

(TDD)