RECE WED
CLERK’S OFFICE
BEFORE THE POLLUTION
CONTROL BOARD
SEP
282004
OF THE
STATE
OF ILLINOIS
STATE OF
ILUNOIS
Pollution Control
Board
HAROLD
HART
SERVICE,
)
Petitioner,
)
(~2
/
v.
)
PCB No.
05-
ILLNOIS
ENVIRONMENTAL
)
(LUST Appeal
—
Ninety Day Extension)
PROTECTION AGENCY,
)
Respondent.
)
NOTICE
Dorothy M.
Gunn, Clerk
Christina E. Manuel
Illinois Pollution Control Board
Livingston Law Firm
James R. Thompson Center
4972 Benchark Centre
100 West Randolph Street
Suite 100
Suite 11-500
Swansea,
IL
62226
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 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 24, 2004
RECEflfl~
CLERK’S OFF~E
SEP
28
2004
BEFORE THE POLLUTION CONTROL BOARD
OF THE
STATE OF ILLINOIS
STATE OF
ILU~OIS
Pollution
Control
Board
HAROLD HART SERVICE,
)
Petitioner,
)
v.
)
PCBNo.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
to
Section
40(a)(1)
of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/40(a)(l))
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
December 27,
2004,
or any
other date not
more than a total of one
hundred
twenty-
five
(125)
days
from
the date of service of the Illinois
EPA’s
final decision.
The
125th
day is
December 26,
2004,
a Sunday,
and
December
27th
is the next business
day.
In support
thereof,
the Illinois
EPA respectfully states as follows:
1.
On August
19,
2004,
the Illinois
EPA
issued• a
final
decision to
the
Petitioner.
(Exhibit A)
2.
On September 21, 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.
Information provided by the Petitioner represents that the final decision was received on August
23, 2004.
(Exhibit B)
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 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-dày extension of
the thirty-five day period for petitioning for a hearing.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
John J.(Kim
Assistant
Counsel
S
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 24, 2004
This filing submitted on recycled paper.
2
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
1021
NORTH GRAND
AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,JLLINOIS
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
RECEIVED
AUG
19
2004
Harold
Hart Service
2605 College
Avenue
Alton, Illinois
62002
Re:
LPC#1190105061
--
Madison County
AltonlHarold Hart Service
2605
College Avenue
LUST Incident No. 981766
LUST FISCAL FILE
-
Dear Mr. Hart:
S
The Illinois Environmental Protection Agency has completed the review of your application for
payment
from the Underground Storage Tank Fund for the above-referenced LUST incident
pursuant to
Section 57.8(a) ofthe Illinois Environmental Protection Act (Act), and 35
III. Adm.
Code 732,
Subpart F.
This information is dated July
12,
2004 and was received by the Agency
on
September 14,
1999.
The application for payment covers the period from August 26,
1998
to
November
17,
1998.
The amount requested is $31,024.20.
The deductible amount
to
be assessed on this claim is $15,000.00, which is being deducted from
this payment.
In addition to the deductible, there are costs from this claim that are not being paid.
Listed
in Attachment A are the costs that are not being paid and the reasons these costs are not
being paid.
On July
14,
2004, the Agency received your complete application 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 forpayment.
Subsequent applications forpayment that
have been/are 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 application(s) for payment.
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 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
ROCKFORD
—4302
North Main Street, Rockford,
IL 61)03 —(815)
Harrison
St.,
Des Plaines,
IL 60016 —(847) 294-4000
ELGIN
—
595 South State,
Elgin,
IL 60123 —(847) 608
y
St.,
Peoria,
IL 61614— (309) 693-5463
BUREAU OF
LAND
-
PEORIA
—7620 N.
University
St.,
Peoria,
IL
61614
—(31
South
First
Street,
Champaign,
IL 61820 —(217) 278-5800
SPRINGFIELD
—45005.
Sixth
Street Rd.,
Springfield,
IL 62706
—
(21
t~
Mall Street, Collinsville, IL 62234
—
(618)
346-5120
MARION
—
2309 W. Main
a
~18)
993-7200
fl
Page 2
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 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 or require further assistance, please contact Lieura Hackman of
my
staff at 217/782-6762.
DEO:LH:ct\04l443.doc
Attachment
cc:
Safety Partners, Inc.
Christina
E. Manuel
E.
Oakley, Manager
LUS~TClaims Unit
Planning & Reporting Secti
Bureau ofLand
Attachment A
Accounting Deductions
Re:
LPC#1190105061
--
Madison County
AltonfHarold Hart
Service
2605
College Avenue
LUST Incident No. 981766
LUST Fiscal File
Citations in
this attachment are from
and the Environmental Protection
Act (Act) and 35
Illinois
Administrative Code
(35
Ill.
Adm.
Code).
Item #
Description of Deductions
None
ofthe costs incurred from September 11,
1998 to November 17,
1998 are
eligible for reimbursement.
To be
considered for reimbursement, early action
activities must be performed within 45 days after initial notification to
the Illinois
Emergency Management Agency ofa release.
The costs
in question were not incurred
within the time allowed for such reimbursement.
(35
Ill. Adm.
Code 732.202(g))
Personnel Costs in the amount of $6,927.50 for work done from September 11,
1998
to
November 17,
1998:
W.Watt
$650.00
September 11,
1998
T.Dixon
$360.00
September11,
1998
W. Watt
$585.00
September 17,
1998
T. Dixon
$360.00
September
17,
1998
W.
Watt
$650.00
September 21,
1998
J.Brown
$405.00
September21,
1998
T.
Eisenberg
$200.00
September 21,
1998
W.
Watt
$617.50
September 22,
1998
J. Brown
$360.00
September 22,
1998
T. Eisenberg
$120.00
September22,
1998
T. Eisenberg
$400.00
September 28,
1998
T. Eisenberg
$560.00
September29,
1998
B. Miller
$560.00
September 30,
1998
B. Miller
$320.00
October
5,
1998
B.
Miller
$400.00
October 9,
1998
M.Trgovich
$110.00
October9,
1998
M.Trgovich
$110.00
October
12,
1998
T.
Eisenberg
$160.00
November
17,
1998
Stock Items
in the amount of $230.15 were made for items
used from September 11,
1998 to November 17~1998.
Page 2
Sample Jars in the amount of$38.75
(these items were denied based on the dates the
analyses were conducted).
Samples Gloves in the amount of$11.40
(these items were denied based on
the dates
the analyses were conducted).
Mileage
in the amount of $108.00, this deduction was.based on the number ofdays
worked prior to the early action completion
date.
Barricades in the amount of$72.00, this deduction was based on the number ofdays
worked prior to the early action completion date.
Equipment in the amount of $445.25 was denied for items used from September
11,
1998 to November
17,
1998.
A deduction of$250.25 was made on the amount requested for Trucks (cute 38.5
hours
@$6.50
per hour).
-
A deduction of$135.00 was made for tool rental (3 days
@
$45.00)
-
A deduction of$60.00 was made for sample probe this deduction was based on the
dates the analyses were conducted.
Field Purchases in the amount of$82.80 were denied for items purchased beyond the
early action completion date of September 10,
1998:
Photosheetson October 6,
1998
in the amount of$18.00
Photosheets on October 9,
1998 in
the amount of$12.00
Jackhammer rental on September
11,
1998 in the amount of$42.80
Aerial maps on September 22,
1998 in
the amount of$10.00
Subcontractors:
deductions in the amount ofSl2,125.36
was made for costs incurred
beyond the early action completion date ofSeptember
10,
1998:
ATAS
invoice #S21440 in
the amount of$127.40
ATAS invoice #S21485
in
the amount of$l,548.00
ATAS
invoice #S21329 in
the amount of$1,194.00
Gateway Petroleum
invoice #1420
in the amount of$435.00
VB Construction invoice #9996
in the amount of$480.00
VB Construction invoice #2014 in the amount of$815.76
VB Construction invoice #202 1
in the amount of$358.88•
Bluff City Minerals Co.
invoice #6794 in
the amount of$64.93
Bluff City Minerals qo.
invoice #6980
in the amount of $87.22
Bluff City Minerals Co.
invoice #6981
in the amount of $63.32
Page 3
Bluff City Minerals Co. invoice #7241
in the amount Of$316.53
Milan Recycling invoice #318-005126 in the amount of$l,967.00
River Bend
Contractors invoice #973439 in the amount of$678.58
River Bend Contractors invoice #973459
in the amount of$3,988.74
2.
$2,730.84,
deduction for costs that lack supporting documentation
(35
Ill.
Adm. Code
732.606(gg)).
Since there is no supporting documentation of costs, the Illinois
EPA
cannot determine that costs were not used for activities in excess ofthose
necessary to
meet the minimum requirements ofTitle XVI of the Act (Section
57.5(a)
bf
the Act
and
35
III. Adm.
Code 732.606(o)).
The following deductions were made because the dates of the costs were not
included
in the certified billing period:
Personnel costs for:
T.
Eisenberg
$160.00
on November 18,
1998
T.
Eisenberg
$640.00
on January
14,
1999
-
W.
St. Peters
$1,360.00
no date
N. Volentine
-
$560.00
no date
-
Field Purchases:
Film
& development
$10.84
July27
&
July 30,
1998
3.
5100.00,
deduction for costs that lack supporting documentation
(35 Ill. Adm.
Code
732.606(gg)).
Since there is no supporting documentation of costs, the Illinois EPA
cannot determine that costs were not used for activities in excess ofthose necessary to
meet the minimum requirements of Title XVI ofthe Act (Section
57.5(a)
ofthe Act
and 35
Ill.
Adm.
Code 732.606(o)).
This deduction was made on the amount requested for the OSFM permit, there was no
receipt submitted as documentation ofthe cost.
4.
$1,320.85,
adjustment in the handling charges due to
the deduction(s) of ineligible
costs (Section 57.8(f) ofthe Act and 35
III. Adm.
Code 732.607).
A deduction of$23.24
for handling charges were made on
the ineligible Field
Purchases.
A deduction of$1,297.6l
for handling charges were made on the ineligible
Subcontractors costs.
LH:ct\041444.doc
ATroRNEYs
AT
LAW
Penni S. Livingston
Christina E. Manuel
(618) 628-7700
Fax(618) 628-7710
penni~livingstonlaw.biz
tina~livingstonlaw.biz
September 21, 2004
Mr. John
Kim,
Esq.
Illinois Environmental Protection Agency
1021
North Grand Avenue
East
P.O.
Box 19276
Springfield,
Illinois 62794-9276
Via
U.S. Mail and fax
RE:
Harold
Hart,
LUST Incident
No. 981766
Dear Mr.
Kim:
Per the Agency’s final decision letter ofAugust
19, 2004,
please consider this
Mr.
Hart’s written request for a ninety (90)
day extension
in
order to file an
Appeal.
I
have
attached a copy of the Agency’s final decision letter.
Thank you for your agreement in this matter.
Should you need further information
or have questions, please do
not
hesitate to contact myself or Penni S. Livingston at this
office.
Thank you.
Sincerely,
~
i.
Christina
E. Manuel
Attorney at Law
I
a
EXHIBIT
LIVINGSTON LAW
Frni~i
Concentrating in Environmental Law
4972 Benchmark Centre
Suite
100
Swansea, IL 62226
65
CERTIFICATE OF SERVICE
I,
the undersigned
attorney at
law,
hereby certify
that
on
September
24,
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 named persons:
Dorothy M. Gunn, Clerk
Christina E. Manuel
Illinois Pollution Control Board
Livingston
Law Firm
James
R. Thompson Center
4972 BencharkCentre
100 West Randolph Street
Suite 100
Suite 11-500
Swansea,
IL
62226
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)
