RECE~V~ D

CLERK’S OFFICE

NOV 115 2004

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

STATE OF

ILLINOIS

PoIIut~onControl Board

BRADLEY MOBIL,

)

Petitioner,

)

v.

)

PCBNo.O5-~~

ILLiNOIS ENVIRONMENTAL

)

(LUST Appeal

-

Ninety Day Extension)

PROTECTION AGENCY,

)

Respondent.

)

NOTICE

Dorothy M. Gunn, Clerk

Donald Bradley

Illinois Pollution Control Board

1 1N344 Russell Road

James R. Thompson Center

Elgin, IL 60123

100 West Randolph Street

Suite 11-500

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

John

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: November 3, 2004

---

REC~v

CLERK’S

OFFICE

BEFORE THE POLLUTION CONTROL BOARD

NOV 052004

OF THE STATE OF ILLINOIS

STATE OF

ILLINOIS

Polluflon Contro’ Board

BRADLEY MOBIL,

)

Petitioner,

)

v.

)

PCBNo.05-~--~

ILLINOIS ENVIRONMENTAL

)

(LUST Appeal

—

Ninety Day Extension)

PROTECTION AGENCY,

)

Respondent.

)

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

5140(a)(1))

and

35

Ill. Adm. Code 105.208, hereby requests that the Illinois Pollution

Control Board (“Board”) grant an extension of the thirty-five

(35)

day period forpetitioning for a

hearing to February 1, 2005, 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. In support thereof, the

Illinois EPA respectfully states as follows:

1.

On September 27, 2004, the Illinois EPA issued a final decision to the Petitioner.

(Exhibit A)

2.

On October 8, 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 represented that the final decision was received on September 29, 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-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: November 3, 2004

2

---

ILLiNOIS

ENVIRONMENTAL PROTEcI1ON AGENCY

1021

No~i~-~

G~i

A~t~E~sr,P.0.

Box

19276. S~~DN

IW~N~

62794-9276,217-782-3397

J~s

L

Ti o~so~

~

100

WEsT R~xxi’H,S~m~

11-300,

C~ic~o,It.

60601,312-814-6026

Roo

R.

Bu~o~v~ci-i,Govri~o~ R~rrCi~r~o,Di~~crog

217/782-6762

CERTIFIED MAIL

7(102

1L5(

(100(1 ,:L:L4

5~46

SEP

27 20(14

Bradley’s Service

Attention: Donald Bradley

-

340 South State Street

Eigrn,IL

60123

Re:

LPC #0894385

172

—

Kane County

Elgin/Bradley Mobil

725 West Chicago Street

LUST

Incident #900871

LUST

FISCAL FILE

Dear Mr.

Bradley

The Agencyhas

completedthe review ofthe request

for

reimbursement

of

correctiveaction costs

from

the illinois

UndergroundStorage Tank Fund

for the

above-referenced facility.

The

invoices

reviewedcovered the period from October 1,

2003 to April 30,

2004.

The

amount requestedwas

$17,687.43.

The

deductibleamount

for

this

claim

is

$10,000.00, which was previously deducted from the

Invoice Voucher dated February 17,2004. Listed in AttachmentA are the costs which are not

beingreimbursed from this request and

the

reasonsthese cosis-are-notbeingreimbursed.

On May 13, 2004, the Agency received yourcompleterequest forpayment forthis claim.. As a

resultofthe Agency’sreview ofthis claim, a voucher

for

$7,390.08 will be prepared for

submission to the Comptroller’s Office for payment as flmds become available based upon

the

date

the

Agencyreceived your complete requestfor payment

ofthis

claim. Subsequent claims

that have beenlare submitted will be processed based upon the date complete subsequent-billings

requests are received

by

the Agency.

This constitutes the Agency’s finalaction with regard to

the

above invoices. An underground

storage tank owner

or

operatormayappeal this final decision

to

the Illinois

Pollution

Control

Board (Board) pursuant

to Section 22.18b(g)

and Section 40

of

the Act by filing a petition

for a

hearingwithin 35 days afterthe date

ofissuance of

the final decision. However, the 35-day

period may be extended fora period

of

time

not to

exceed

90 days by written

notice from the

owner

or

operatorand the illinois EPA

within the initial 35-day appeal period. Ifthe

owner

or

---

Page 2

operator

wishes to receive a 90-day extension, a written request that includes

a statement ofthe

datethe 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

(Iunn, Clerk

illinois

Pollution

Control Board

State

of

Illinois

Center

100 West Randolph, Suite

11-500

Chicago, illinois 60601

312/814-3620

-

For information regarding thefiling ofan

extension, please contact:

illinois Environmental Protection

Agency

Division

ofLegal

Counsel

1021 North

(3iand Avenue

East

Springfield,

Illinois

62794-9276

217/782-5544

if

you

have any

questions, please contact

Richard Nykiel ofmy staffor Tom Henningerof

the technical staffat

2171782-6762.

DEORJNjk1041086.doc

Attachment

E. Oakley,

LUST Claims Unit

Planning &

Reporting Section

Bureau ofLand

cc:

Remediation

Unlimited, Inc.

---

Attachment A

Accounting Deductions

Re:

LPC

110894385172—

Kane County

ElginlBradley Mobil

725 West Chicago Street

LUST

Incident

#900871

LUST

FISCAL

FILE

Item#

Description of

Deductions

1.

$7,36000,

deduction for costs associated

with replacement

of

concrete and/or asphalt

(Section 22.18(eX1XC) ofthe

Environmental Protection

Act).

Subcontractor, Vidal

Blacktop Ltd.

-

Invoice #3770

Blacktop

repairon parking lot

Technical Deductions

2.

$2,937.35, deduction for

Remedialion

Unlimited, Inc.

—

Invoice #2530

Costs are after theNFR dateof

April

2,

2004

DEO:RJN:jk~041086.doc

---

1 1N344 Russell Rd.

•RECEIVED

Division of Legal Counsel

OCT

Illinois Environmental Protection Agency

Division ofLegal Counsel

1021 North Grand Avenue East

Springfield,

IL 62794-9276

Atten:

LUST Incident #90087 1

Dear Sir:

Please consider this letter as formal

written

notice for request ofa 90

day

extension ofthe agencies fmal decision on which we do not agree. The

final

decision

was received from

your

office on September 29, 2004, a copy ofwhich I have attached.

Your

consideration ofan extension of

time and

greatly appreciated.

Attachment:

October 8, 2004

---

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby

certify that on November

3, 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

Donald Bradley

Illinois Pollution Control Board

1 1N344Russell Road

James R. Thompson Center

Elgin, IL 60123

100 West Randolph Street

Suite 11-500

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)