BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE
OF ILLINOIS
ILLINOIS STATE TOLL HIGHWAY
AUTHORITY (Belvidere North Reimb.),
Petitioner,
V.
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.
CLERK’S OFFICE
STATE
OF
lLL~~O~~
POHUC~Ofl
Control
~JoErd
)
PCBNo.05-
)
(UST Appeal
—
Ninety Day Extension)
)
)
NOTICE
Kenneth W. Funk
Deutsch, Levy & Engel
225 West Washington Street
Suite
1700
Chicago,
IL
60606
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 J.
&ii
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: December 23, 2004
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLLNOIS
ILLiNOIS STATE TOLL HIGHWAY
)
AUTHORITY (Belvidere North Reimb.),
)
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
arid 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
Iii.
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
March
23,
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:
1.
On November
16, 2004,
the Illinois
EPA issued
a final decision to
the Petitioner.
(Exhibit A)
2.
On December
16,
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 copy of the final decision provided by
the Petitioner
contains a “Received Nov.
18
2004”
stamp.
(Exhibit B)
1
V ED
CLERK’S
OFFICE
2 ~
STATE
OF ILLINOIS
Pol~u~on
Contro~Soard
PCB No. 05-
(UST Appeal
—
Ninety Day Extension)
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 maybe necessary to resolve this
matter.
WHEREFORE,
for the
reasons stated
above, the parties request that
the
Board,
in the
interest ofadministrative 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: December 23, 2Q04
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
1.1 -300,
CHICAGO,
IL 60601, 312-814-6026
217/782-6762
NOV
1
6
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
Illinois
State Toll Highway Authority
Attn:
Michael Colsch
2700 Ogden Avenue
Downers Grove, Illinois
60515
Re:
LPC #0070057091
--
Boone
County
Belvidere/Belvidere Oasis (Belvidere North)
Northwest Tdllway Mile Post
54.7
LUST
Incident No. 941815
LUST FISCAL FILE
Dear Mr. Colsch:
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)
of the Illinois’Environmental
Protection Act (Act),
and 35 III. Adm.
Code 732, Subpart F.
This information is dated September 14, 2004 and was received by the
Agency on September20,
2004.
The application for payment covers the period from January
1,
2002 to February 29, 2004.
The amount requested is $52,033.47.
The deductible amount for this
claim is $15,000.00, which was previously deducted
from the
billing submittal received by the Agency on
August 22, 2001
in the amount of $3,543.50 and
September 7,2001
in
the amount of$148,451.40.
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 September 20, 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 for
$45,647.35
will be prepared for submission
to
the Comptroller’s Office for payment as funds
become available based
upon the date the Agency received your complete request for payment of
this application forpayment.
Subsequent applications for payment that have beenlare si~bmitted
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.
EXHIBIT
ROC~FORD
—4302
North Main
Street,
Rocklord. IL 61103 —(81519
~,
ELGIN
—595
South State, Elgin.
IL 60123
—
(847) 608-3
~
BUREAU
OF
LAND
-
PEORfA
—
7620 N.
University
St., Peoria,
IL 61614
—
(30
~
SPRINGFtELD
—
4500 S. Sixth Street
Rd., Springfield, II 62706
—
(217
Harrison Si.,
Des
Plaines,
IL
60016— (847) 294-4000
ty
St.. Peoria,
IL 61614 —(3091
(,93-5463
~ South
First
Street, Champaign,
IL
6182()
—(217) 278-5800
Mall Street, Collinsville,
IL
62234—
(618i 346-5120
~jv1GF4T
& COMPAr
Page
2
An underground storage tank owner or operatormay 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 may be extended for a period of time 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
applicant wishes to
receive a 90-day extension, a written request that includes a statement ofthe
date the final decision was received, alongwith 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
lOO West Randolph, Suite
11-500
Chicago, Illinois 60601
312/814-3620
For information regarding the filing ofan extension, please contact:.
Illinois
Environmental Protection Agency
Division of Legal Counsel
1021
North Grand Avenue East
Springfield, Illinois 62794-9276
217/782-5544
Ifyou have any questions
or require further assistance, please contact Lieura Hackman
of
my
staff at
217/782-6762.
Doug
s E. Oakley, Manager
LUST Claims Unit
/
Planning &
Reporting Section
Bureau ofLand
DEO:LH:ct\040653 .doc
Attachment
cc:
Wight
Attachment A
Accounting Deductions
Re:
LPC #0070057091
--
Boone
County
Belvidere/Belvidere Oasis (Belvidere North)
Northwest TollwayMile Post 54.7
LUST
Incident No. 941815
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 ofDeductions
1.
$1,021.12, deduction forcosts associated with High Priority site activities.
The
billings submitted
exceed the approved budget amounts.
The Illinois EPA is unable to
approve billings that exceed the approved budget amounts.
(Section 57.8(a)(1) ofthe
Act and 35 Iii. Adm. Code 732.601(f))
A deduction of$523.92 was made on
the amount requested for Personnel Costs.
A deduction of3497,20 was made on the amount
requested for Analysis Costs.
2.
35,365.00,
deduction forcosts that lack supporting documentation
(35
III. 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)
ofthe Act
and 35
III. Adm. -Code
732.606(o)).
A deduction
in the amount of$4,288.00 was made on invoices with billing period
dates of 1996.
This date was not included on the Billing Period Certification form.
A deduction in
the amount of$1,077.00 was made on the amount requested forthe
Analysis Costs because there were no invoices submitted with the claim.
LH:ct\040654.doc
EARL
A.
DEUTSCH
PAUL
M.
LEVY
TERRY
L.
ENGEL
FRANK
R.
COHEN
JERRY
I.
RUDMAN
MICHAEL
.J.
DEVINE
STUART
BERKS
KENNETH W.
FUNK
PHILLIP
J.
ZISOOK
DENNIS
E.
PRISSY
STEVEN
B.
ISAACSON
ALVIN
J.
HELFGOT
JOEL
A.
STEIN
BRIAN
D.
SAUCIER
JAMES
E.
O’HALLORAN
AARON
B.
ZARKOWSKY
LEO
G. AUBEL
KAREN
KAVANAGH
MACK
JEFFREY
B.
HORWITZ
MOYENDA MUTHARIKA
KNAPP
DAVID
J.
BEN-DOV
CATHERINE GLENN
JOELSON
GREGORY
A.
FREZADOS
LEE E.
FARBMAN
LAW
OFFICES
DEUTSCH,
LEVY
&
ENGEL
CHARTERED
SUITE
1700
225
WEST
WASHINGTON
STREET
CHICAGO,
ILLINOIS
60606
(3121
346-1460
December
16, 2004
Via Facsimile: (217)782-9807
And Regular U. S. Mail
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O.
Box 19276
Springfield, Illinois
62794-9276
Attention: John Kim, Esq.
E-mail:
Iawyera@dIeC.Com
Websi(e:
www.dlec.com
FACSIMILE~13121
346-I95~
COUNSEL
MARSHALL 0.
KROLICK
ARTHUR
J.
SABIN
REC~!VED
Divisjo~
of
Legal Counsel
DEC
2 02004
Environmenta, Protection
Agency
Re:
LPC #007005 7091
-
Boone County
Belvidere/Belvidere Oasis (Belvidere North)
Northwest Tollway MilePost 54.7
LUST Incident No. 941815
LUST Fiscal File
Dear Mr. Kim:
-
The undersigned,
as
a
Special
Assistant
Attorney General,
represents
the Illinois
State
Toll
Highway Authority
in
connection
with
the referenced
LUST
Incident.
I have
received a
copy ofthe Agency’s letter, dated November
16,
2004, regarding the Authority’s application for
payment
from
Underground
Storage
Tank
Fund
for
the
above
referenced
LUST
Incident
previously submitted to tile Agency.
A copy of that letter is enclosed.
Please be advised that the Authority does not agree with the Agency’s decision in regards
to
the
deduction
amounts
set
forth
in
its
letter of November
16,
2004;
however,
in
hopes of
resolving the open issues with the Agency, and avoiding the necessity of an appeal to the Illinois
Pollution
Control Board,
our client hereby requests
an
extension, pursuant
to
Sections
40
and
57.8
of the
Illinois
Environmental
Protection
Act,
to
extend the
period
within
which
it
may
appeal the Agency’s decision for an additional ninety (90) days.
198075.1
Illinois
Environmental Protection Agency
December
16, 2004
Page Two
It
is
our understanding that
upon
receipt
of this
letter
you
will proceed to
prepare
the
necessary motion for filing
with Illinois
Pollution Control
Board to
effectuate the extension.
If
your understanding
is other than as indicated herein or if I can provide
any further information,
please let us know immediately.
Your assistance and cooperation is appreciated.
KWF/alj
Enclosures
cc:
Victor Azar, Esq.
Ms. Robin Martel
Very truly yours,
Funk
Kenneth
-
198075.1
CERTIFICATE OF SERVICE
I,
the undersigned attorney
at law, hereby certify
that
on
December 23,
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 postage affixed thereto, upon the following named persons:
Dorothy M. Gunn, Clerk
Kenneth W. Funk
Illinois Pollution Control Board
Deutsch, Levy & Engel
James R. Thompson Center
225 West Washington Street
100 West Randolph Street
Suite
1700
Suite 11-500
Chicago, IL
60606
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)
