BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
NOTICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
RE QUEST FOR NINETY DAY EXTENSION
OF APPEAL PERIOD
RECE~VED
CLERK’S OFFICE
STATE OF ILUNOISPOlI~tj~~Control Board
a lab
a lab
called
to know who was
called
Re: Request for Petition Extension for Reimbursement of Corrective Action Costs

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

UNITED PARCEL SERVICE (Claim #2),

Petitioner,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

Respondent.

RECE~VED

CLERK’S OFFICE

SEP 032004

STATE OF ILLINOIS

Pollution Control Board

)

PCBNo.05-

)

(LUST Appeal

—

Ninety Day Extension)

)

NOTICE

Hugh B. Devery, P.G.

Blasland, Bouck & Lee, Inc.

975

Cobb Place Boulevard, NW

Suite 311

Kennesaw, GA 30144-4817

PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the Pollution

Control Board a REQUEST FOR NTNETY DAY EXTENSION OF APPEAL PERIOD, copies of which

are herewith served upon you.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

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

OF THE STATE OF ILLINOIS

UNITED PARCEL SERVICE (Claim #2),

)

Petitioner,

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

RE QUEST 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 Ill. 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 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:

On July 28, 2004, the Illinois EPA issued a final decision to the Petitioner.

(Exhibit A)

On August

25,

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 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)

RECE~VED

CLERK’S OFFICE

SEP 1132004

STATE OF ILUNOIS

POlI~tj~~Control Board

PCB No.

05-

(LUST Appeal

—

Ninety Day Extension)

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 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 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

This filing submitted on recycled paper.

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

BLAGOJEVICH, GOVERNOR

RENEE CIPRIANO, DIRECTOR

217/782-6762

JUL 28 2O~14

United Parcel Service

Attention: Linda Lyons, Environmental Manager

55 Glenlake Parkway, NE

Atlanta, GA 30328

Re:

LPC #1630100026

St. Clair County

Belleville/United Parcel Service

8200 Excellence Place

LUST Incident #911959

LUST FISCAL FILE

Dear Ms. Lyons:

The Agency has completed the review ofthe request for reimbursement of corrective action costs

from the Illinois Underground Storage Tank Fund forthe above-referenced facility. The invoices

reviewed covered the period from March 1, 2000 to December 31, 2001. The amount requested

was

$95,831.10.

The deductible arnountfor this claim is $10,000.00, which was previously deducted from the

Invoice Voucher dated October 7, 1993. Listed in Attachment A are the costs which are not

being reimbursed from this request and the reasons these costs are not being reimbursed.

On December

23,

2003, the Agency received your complete request for payment for this claim.

As a 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 payment

that 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 invoices. An underground

storage tank owner or operator may appeal this final decisionto the Illinois Pollution Control

Board (Board) pursuant to Section 22.1 8b(g) 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 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

operatorwishes to receive a 90-day extension, a writtenrequest that includes a statement ofthe

ROCKF0R0 —4302

North

Main Street, Rockford, IL 61103

—

(815)

Harrison St., Des Plaines, IL 60016—(847) 294-4000

ELGIN —595 South State, Elgin, IL 60123 —(847) 608

EXHIBIT

sity St., Peoria, IL 61614— (309) 693-5463

BUREAU OF LAND

PEORIA

—

7620 N. University St., Peoria. IL 61614

—

25 South First Street, Champaign, IL 61820— (217) 278-5800

SPRINCFWLD —45005. Sixth Street Rd., Springfield, IL 62706 —(2

9 MalI Street, Collinsvilte, IL 62234 —(618) 346-5120

MARION

—

2309W. Mal

18) 993-7200

Page 2

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 ofIllinois Center

100 West Randolph, Suite 11-500

Chicago, Illinois 60601

312/814-3620

For information regarding the filing of an extension, please contact:

Illinois Environmental Protection Agency

Division ofLegal Counsel

1021 North Grand Avenue East

Springfield, Illinois 62794-9276

217/782-5544

f you have any questions, please contact Richard Nykiel of my staff or Sam Hale ofCliff

Wheeler~sstaff at 217/782-6762.

DEO:RJN:jk\04 1 637.doc

Attachment

Oakley, Manager

LUST Claims Unit

Planning & Reporting Section

Bureau ofLand

cc:

Blasland, Bouck & Lee, Inc.

Attachment A

Technical Deductions

Re:

LPC #1630100026

St. Clair County

Belleville/United Parcel Service

8200 Excellence Place

LUST Incident No. 911959

LUST FISCAL

FILE

Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois

Administrative Code

(35

III. Adm. Code).

Item #

Description ofDeductions

$95,831.10

Deduction for costs associated with corrective action that was not conducted in

accordance with an Agency approved plan (Section 22.18b(d)(4)(E) ofthe

Environmental Protection Act).

Deduction in costs that the owner/operator failed to demonstrate were reasonable

(Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).

The Agency has determined that the costs associated with activities proposed are

beyond the scope and measure of the Agency-approved Plan.

DEO:RJN:jk\041637.doc

Attachment A

Accounting Deductions

Re:

LPC #1 630100026 :- St. Clair County

Belleville/United Parcel Service

8200 Excellence Place

LUST Incident

#911959

LUST FISCAL FILE

The following costs are included in the Tecimical Deductions, but are also being denied by

Accounting for the following reasons:

Item #

Description ofDeductions

$2,589.24,

deduction in costs that the owner/operator failed to demonstrate were

reasonable (Section 22.18b(d)(4)(C) ofthe Environmental Protection Act).

Blasland, Bouck & Lee, Inc.-Invoice#78494-200005

$19.10 Handling on

denied

#78494-200006

$11.82 No handling on in-

house items~•

#78494-200007

$6.07 Handling on

denied phone costs

#78494-200008

$4.60 Handling on

denied phone costs

#78494-200008

$0.60 Handling on

denied meal

#78494-200008

$3.36

Handling on

denied shipping

costs

#78494-200009

$2.91

Handling on

denied phone costs

#78494-200009

$17.74 No handling on in-

house items

#78494-200011

$3.17 No handling on in-

house items

#78494-200011

$2.34 Handling on

denied phone costs

#78494-200011

$4.65

Handling on

denied phone costs

#78494-200012

$17.06 No handling on in-

house items

Page 2

#78494-200012

$10.58

Handling on

denied shipping

costs

#78494-200013

$27.00 No handling on

per diem

#78494-200013

$10.54 Handling on

denied phone costs

#78494-200013

$2.60 No handling on in-

house items

#78494-200013

$15.96

Handling on

denied shipping

costs

#78494-200 101

$53.74 No handling on in-

house items~

#78494-200101

$4.01

Handling on

denied phone

charges

#78494-200101

$14.81 Handling on

denied shipping

costs

#78494-200101

$5.13

Handling on

denied shipping

costs

#78494-200103

$144.00 Handling on Dalco

Services

#78494-200103

$0.11

No handling on in-

house items

#78494-200103

$16.20 Handling on

denied hotel cost

#78494-200103

$5.29

Handling on

denied shipping

cost

#78494-200104

$0.11 No handling on in-

house items

#78494-200104

$7.46 Handling on

denied hotel cost

#78494-200104

$2.10 Handling on

denied shipping

cost

#78494-200104

$120.00 Handling Dalco

#78494-200009

$140.98 Handling Air Fare

#78494-200112 $1,161.00 Handling Dalco

#78494-200112

$298.20 Handling Dalco

Page 3

#78494-200112

$216.00 Handling Dalco

#78494-200112

$240.00 Handling Dalco

$674.73, deduction for an adjustment in overnight mail charges (Section

22.1 8b(d)(4)(C) ofthe Environmental Protection Act).

Blasland, Bouck & Lee, Inc.-Invoice#78494-200005

$159.13

Shipping not to.

alab

#78494-200008

$28.00

Shipping not to

alab

#78494-200011

$38.75

Shipping not to

alab

#78494-200012

88.15

Shipping not to

alab

#78494-200013

$132.97 Shippingnotto

alab

#78494-200101

$123.40 Shipping not to

alab

#78494-200101

$42.75

Shipping not to

a lab

#78494-200103

$44.08

Shipping not to

a lab

#78494-200104

$17.50

Shipping not to

a lab

$18,590.78, deduction for an adjustment in costs due to a lack of supporting

documentation (Section 22.18b(d)(4)(C) ofthe Environmental Protection Act).

Blasland, Bouck & Lee, Inc.-Invoice#78494-200007

$50.54 Phone costs-need

know who was

called

#78494-200008

$38.30 Phone costs-need

to know who was

called

#78494-200008

$5.00

Need receipt-meal

#78494-200009

$24.19 Phone costs-need

to know who was

called

#78494-200011

$19.49

Phone costs-need

to know who

was

called

Page 4

#78494-200013

$87.78 Phone costs-need

to know who was

called

#78494-200101

$33.56 Phone costs-need

to know who was

called

#78494-200103

$135.00 Need hotel bill and

who traveled

#78494-200009

$1,174.81 Airfare-need

arrival city and

date and departure

city and date

“-‘p78494-2001 12 $9,675.00 Need time and

material

breakdown-Dalco

sub page 1

L#18494-2001 12

$2,485.00

Need time and

material

breakdown-Dalco

sub page 2

#78494-200112

$1,800.00 Needtime and

material

breakdown-Dalco

sub page 3

##78494-200l

12 $2,000.00 Need time and

material

breakdown-Dalco

sub page 3

I—4~494-200104 $1,000.00 Need time and

material

breakdown-Dalco

#78494-200104

$62.11 A.Lore didn’t

work in March-

Comfort Inn

$1,200.00

deduction for costs associated with replacement of concrete and/or asphalt

(Section 22.1 8(e)(1)(C) ofthe Environmental Protection Act).

- -

Blasland, Bouck & Lee, Inc.-Invoice#78494-200l03

Dalco Services

$2,137.51, deduction for an adjustment in Handling Charges ofgreater than the

allowed Sliding Scale (Section 22.1 8b(i)(2) ofthe Environmental Protection Act).

Page5

Blasland, Bouck & Lee, Inc.-Invoice#78494-200005

$9.41

Handling over

allowed limit

#78494-200007

$1.51

Handling over

allowed limit

#78494-200008

$3.50 Handling over

allowed limit

#78494-200009

$42.83 Handling over

allowed limit

#78494-200011

$2.54

Handling over

allowed

limit

#78494-200012

$6.91

Handling over

allowed limit

#78494-200013

$21.83 Handling over

allowed limit

#78494-200013

$4.64 Handling over

allowed limit

#78494-200101

$18.15 I-Iandling over

allowed limit

#78494-200101

$1.28 Handling over

allowed limit

#78494-200101

$686.89 Handling over-

allowed limit

#78494-200101

$33.08 Handling over

allowed limit

#78494-200103

$101.25 Handling over

allowed limit

#78494-200103

$7.90 Handling over

allowed limit

#78494-200101

$2.83 Handling over

allowed limit

#78494-200104

$34.20 Handling over

allowed limit

#78494-200112

$381.50 Handling over

allowed limit

#78494-200112

$117.75

Handling over

allowed limit

#78494-200112

$130.47 Handling over

allowed limit

$529.04 Handling

$25,192.26 Total Accounting Deductions

DEO:RJN:jk\04 163 7.doc

BBL

BLASLAND,

BOUCK & LEE, INC.

engineers

scientists

Transmitted Via UPS NDA

August

25,

2004

Illinois Environmental Protection Agency

Mr. John Kim,

Division of Legal Counsel

1021 North Grand Avenue East

Springfield, Illinois 62794-9276

Re: Request for Petition Extension for Reimbursement of Corrective Action Costs

LPC #1630100026

—

St. Clair County

Bellevile/Ljnited Parcel Service

8200 Excellence Place

LUST Incident #911959

BBLES Project #:

37044.100

Dear

Mr. Kim:

We are

receipt of a

decision letter dated July 28, 2004 concerning

Lust

Incident #9

11959

from the

Illinois Environmental Protection Agency. On behalf of United Parcel Service (UPS),

BBL (BBL)

respectfully requests a 90 day extension for claim # 2 received by your office on December 23, .003.

This request for reimbursement was submitted to the Illinois Environmental Protection Agency for the

amount of$95,831.10, with invoices covering a period from March 1, 2000 to December 31, 2001.

Ifyou have any questions, or require additional information, please feel free to contact Ms. Linda Lyons

ofUPS at (404) 828-6766, or BBL at (770) 428-9009 extension 11.

Sincerely,

BLASLAND, BOUCK & L

INC.

Hugh”~Devery, P.G.

7~9~’~-

Project Manager

. -

MRS/mrs

Enclosure: Illinois EPA Decision Letter

cc:

Ms. Linda Lyons, UPS

Glenlake Parkway, NE; Atlanta, Georgia 30328; w/o attachment

File

______________________

EXHIBIT

975 Cobb Place Blvd. NW • Suite 311 • Kennesaw, GA 30144-4817

42363ExtnRqst Rmbrsmt C1aim2.d~(770) 428-9009 • Fax (770) 428-4004 • www.bbl-inc.com • offices nationwide

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 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 namedpersons:

Dorothy M. Gunn, Clerk

Hugh B. Devery, P.G.

Illinois Pollution Control Board

Blasiand, Bouck & Lee, Inc.

James R. Thompson Center

975 Cobb Place Boulevard, NW

100 West Randolph Street

Suite 311

Suite 11-500

Kennesaw, GA 30144-4817

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)