UNTTED PARCEL SERVICE (Claim #3),
)
Petitioner,
)
v.
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
NOTICE
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
JamesR. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
RECE~VED
CLERK’S OFFICE
SEP 03 2004
STATE OF ILLINOIS
Pollution Control Board
PCBNo.05-
(LUST Appeal
—
Ninety Day Extension)
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 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
217/782-9143 (TDD)
Dated: September 1, 2004
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
UNITED PARCEL SERVICE (Claim #3),
)
Petitioner,
)
v.
)
ILLINOIS ENVIRONMENTAL
)
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 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
5,
2005, or any other date not more than a total of one hundred twenty-five
(125)
days from the date ofservice of the Illinois EPA’s final decision. In support thereof, the
Illinois EPA respectfully states as follows:
1.
On July 28, 2004, the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2.
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 Ii 3 2004
STATE OF ILLINOIS
Pollution Control Board
PCBNo.05-
(LUST Appeal
—
Ninety Day Extension)
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 identify issues and limit the scope of any
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-dày extension of
the thirty-five day period for petitioning for a hearing.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
John
~.
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)
Dated: September I, 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
ROD R. BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
217/782-6762
United Parcel Service
Attention: Linda Lyons, Environmental Manager
55 Glenlake Parkway, NE
Atlanta, GA 30328
Re:
LPC #1630 100026
--
St. Clair County
Belleville/LJnited 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 for the above-referenced facility. The invoices
reviewed covered the period from December 1, 2001 to January 31, 2003. The amount requested
was $38,967.00.
The deductible amount for 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 January 21, 2004, the Agency received your complete request for payment for this claim. As
a result of the 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
forpayment 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 decision to the Illinois Pollution Control
Board (Board) pursuant to Section 22.1 8b(g) and Section 40 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. If the owner or
operator wishes to receive a 90-day extension, a written request that includes a statement ofthe
ROCKFORI,
—4302 North Main Street, Rockford, IL 61103 — (815t
. Harrison St.. Des Plaines, IL 60016— (847) 294-4000
— 595 South State, Elgin, IL 60123 —(847) 608-
y St., Peoria, IL 61614—1309) 693-5463
BUREAU OF LAND
-
PEoRIA—
7620 N. University St., Peoria, IL 61614—1
South First Street, Champaign, IL 61820 —(217) 278-5800
SPRINGFIELD
—4500 S. S)xth Street Rd., Springiield, IL 62706 — C
MaIl Street, Co)Iinsville, IL 62234 —(618) 346-5120
MARION
— 2309 W.
hI 8) 993-7200
Page 2
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 of an 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
If you have any questions, please contact Richard Nykiel of my staff or Sam Hale of Cliff
Wheeler’s staff at 217/782-6762.
DEO:RJN:jk\041 638.doc
Attachment
Si
E. 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 Paréel Service
8200 Excellence Place
LUSTlncidentNo. 911959
LUST FISCAL FILE
Citations in this attachment afe from the Environmental Protection Act (Act) and 35 Illinois
Administrative Code
(35
Ill. Adm. Code).
Item #
Description of Deductions
1.
$38,967.00
Deduction for costs associated with corrective action that was not conducted in
accordance with an Agency approved plan (Section 22.1 8b(d)(4)(E) ofthe
Environmental Protection Act).
Deduction in costs that the owner/operator failed to demonstrate were reasonable
(Section 22.18b(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\04l 638.doc
Attachment A
Accounting Deductions
Re:
LPC #1630100026
--
St. Clair County
Belleville/United Paréel Service
8200 Excellence Place
LUST Incident
#911959
LUST FISCAL FILE
The following costs are included in the Technical Deductions, but are also being denied by
Accounting for the following reasons:
Item #
Description of Deductions
1.
$26.73,
deduction in costs that the owner/operator failed to demonstrate were
reasonable (Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).
BBL-Invoice #78494-200202
$7.62
No handling on in-house items
#78494-200205
$0.65
No handling on in-house items
#78494-200207
$0.08
No handling on in-house items
#78494-200209
$4.78
No handling on in-house items
#78494-200211
$2.48
Handling on mileage
#78494-200211
$11.12
Handling on denied shipping costs
2.
$208.35, deduction for an adjustment in overnight mail charges (Section
22.1 8b(d)(4)(C) ofthe Environmental Protection Act).
BBL-Invoice #78494-200201
$97.60
Shipping not to a lab
#78494-200208
$18.06
Shipping not to alab
#78494-200211
$92.69
Shipping not to a lab
3.
$2,827.72, deduction for an adjustment in costs due to a lack of supporting
documentation (Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).
BBL-Invoice #78494-200209
Missing page 1 ofinvoice
Electrical Service Co.
4.
$693.25, deduction for an adjustment in Handling Charges of greal~erthan the allowed
Sliding Scale (Section 22.1 8b(i)(2) ofthe Environmental Protection Act).
BBL-Invoice #78494-200201
$2.62
Handling over allowed limit
#78494-200205
$0.22
Handling over allowed limit
Page 2
#78494-200207
$0.28
Handling over allowed limit
#78494-200208
$213.32
Handling over allowed limit
#78494-200208
$26.38
Handling over allowed limit
#7g494-200209
$5.59
Handling over allowed limit
#78494-20021 1
$47.35
Handling over allowed limit
#78494-200211
$3.94
Handling over allov’ed limit
#78494-200211
$81 .71
Handling over allowed limit
#78494-2002 12
$93.39
Handling over allowed limit
#78494-200301
$63.74
Handling over allowed limit
$154.71
Handling
$3,756.05
Total Accounting Deductions
DEO:RJN:jk\041 638.doc
BBL
BLASLAND,
BOUCK & LEE, INC.
engineers
&
scientists
Transmitted Via UPSNDA
August
25,
2004
Illinois Environmental Protection Agency
Mr. John Kim,
Division of Legal Counsel
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
Re: Requestfor Petition Extension for
Reimbursement ofCorrective Action Costs
LPC #1630100026
—
St. Clair County
Belleville/United Parcel Service
8200 Excellence Place
LUST Incident #911959
BBLES Project #:
37044.100
Dear Mr. Kim:
We are in receipt of a decision letter dated July 28, 2004 concerning Lust Incident #911959 from the Illinois
Environmental Protection Agency. On behalf of United Parcel Service (UPS), BBL (BBL) respectfully
requests a 90 day extension for claim # 3 received by your office on January 21, 2004. This request for
reimbursement was submitied to the Illinois Environmental Protection Agency for the amount of $38,967.00,
with invoices covering aperiod from December 31, 2001 to January 31, 2003.
If you have any questions, or require additional information, please feel free to contact Ms. Linda Lyons of
UPS at (404) 828-6766, or BBL at (770) 428-9009 extension 11.
Sincerely,
BLASLAND, BOUCK & LEE,
INC.
1
~-~?
L Hugh
.
Devery,
~~‘~//~
P.G.
)
Project Manager
MRS/mrs
Enclosure: Illinois EPA Decision Letter
cc:
Ms. Linda Lyons, UPS
55
Glenlake Parkway, NE; Atlanta, Georgia 30328; w/o attachment
File
I~~JT
975 CobbPlace Blvd. NW • Suite 31 • Kennesaw. GA 30144-4817
Tel (770) 428-9009 • Fax (770) 428-4004 • www,bbl-inc.com • offices nationwide
11 42363ExtnRqst Rmbrsmt CIaim3.doc
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 NII’~ETYDAY 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
Hugh B. Devery, P.G.
Illinois Pollution Control Board
Blasland, 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 of Legal counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
