BEFORE THE POLLUTION CONTROL BOARD

CLERKS

OFFICE

OF THE STATE OF ILLINOIS

82005

CREST AUTOMOTiVE,

Petitioner,

v.

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

)

STATE OF ILLINOIS

)

PoIlut~onControl Board

NOTICE

PCB No.

05-

(LUST Appeal

—

Ninety Day Extension)

Tyler Sink, Project Manager

United Science Industries

P.O. Box 360

6295

East illinois Highway

15

Woodlawn,

IL

62898-0360

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

Kim

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: March 4,

2005

H

---

CLERK’S OF~r~

BEFORE

THE

POLLUTION CONTROL BOARD

OF THE

STATE OF ILLINOIS

~4AR

8

2005

STATE OF ILL

~

CREST AUTOMOTIVE,

)

POllUtiOn Contro’

~

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)(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 June 2,

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 Janua~ry27,

2005,

the Illinois

EPA issued

a

final decision to

the Petitioner.

(Exhibit A)

2.

On February

23,

2005,

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’s

request

included

information

that

represented

that

the

final

decision

was

received on January 28,

2005.

(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

hearingthat 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

Jol~iKii

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: March 4, 2005

This filing submitted on recycled paper.

2

---

15

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH

GRAND

AVENUE

EAST,

P.O.

Box

19276,

SPRINGFIELD,

ILLINoIS

62794-9276,

21 7-782-3397

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

CERTIFIED MAIL

JAN

272005

7002

2030

0001

~~73 8576

Crest Automotive

Attn:

Tom Liszewski

P.O. Box 3765

JAN

2

8

REG’D

Evansville, Indiana

47736-3765

-

-

Re:

LPC#0316425016--CookCounty

Chicago/Crest Automotive

6716 West Higgins Rd.

LUST Incident #900176

LUST FISCAL FILE

Dear Mr. Liszewski:

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 August

1, 2004 to

September 8, 2004.

The amount requested

was $21 1,465.84.

The deductible amount for this claim is $10,000.00.

$1,568.50

was

taken from the letter dated

April 29,

1993.

The balance of

$8,431.50

was taken from the letter dated December

13, 2004.

Listed in Attachment A are the costs which are not being reimbursed from this requestand the

reasons these

costs are not being reimbursed.

On September 23, 2004,

the Agency received your complete request for payment forthis claim.

As a result of the Agency’s review ofthis

claim, a voucher for $210,990.84 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 ofthis claim.

Subsequent claims

that have been/are submitted will be

processed based upon the date complete subsequent billings

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 ofthe Act by filing a petition for a

hearing within 35

days after the date ofissuance ofthe final decision.

However, the 35-day

R

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-

---

Page2

.

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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 owner or

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

date the fmal decision was received, along with a copyofthis 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 ofan extension, please contact:

Illinois Environmental

Protection Agency

Division ofLegal Counsel

1021

North Grand Avenue East

Springfield, Illinois 62794-9276

217/782-5544

Ifyou have

any questions,

please contact Richard Nykiel ofmy staff at 217/782-6762.

E.

Oakley,

Manager

LUST Claims Unit

Planning

& Reporting Section

Bureau ofLand

.

DEO:RN:mls\043474.doc

Attachment

cc:

United Science Industries

.

.

S..

---

Attachment A

Accounting Deductions

Re:

LPC#0316425016-- Cook

County

Chicago/Crest Automotive

6716 West Higgins Rd.

LUST Incident #900176

LUST FISCAL FILE

Item #

Description ofDeductions

$475.00, deduction for costs which are not for Corrective Action activities (Section

22.1 8(e)(1)(C) and 22.1 8b(a)(3) ofthe Environmental Protection Act).

United Science Industries

Invoice #005220

=

Client Correspondence

RN:mls\053461.doc

---

P.O.

Box 360

6295

East

Illinois Highway 15

Woodlawn,

Illinois 62898-0360

February 23,

2005

Phone: (618) 735.2411

Fax:

(618) 735.2907

E-Mail:

unitedscience@ unitedscience,com

Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

Springfield,

IL 62792-9276

Re:

0316425016

-

Cook County

Chicago/Crest Automotive

6716 West Higgins

Road

LUST Incident

No.

900176

ATTN: John

Kim

Mr. Kim:

United Science Industries, Inc.

(USI),

on behalf of our client, A & R, Inc.,

is

requesting a

90-day

extension

to

the

35-day

appeal

period

in

regards

to

the

IEPA

correspondence

included.

I

appreciate

your

time

and

consideration

in

this

matter.

If you

have

any

questions

or

comments regarding this matter please contact me at (618) 735-2411 ext.

175.

Sincerely yours,

Enclosures

F

EXHIBIT

UNITED

SCIENCE

INDUSTRIES

UNITED

Tyler Sink

Proj ect Manager

---

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on March 4, 2005,

I served true and

correct copies

of a REQUEST

FOR

NENETY 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:

DorothyM. Gunn, Clerk

Tyler Sink, Project Manager

Illinois Pollution Control Board

United Science Industries

James R. Thompson Center

P.O. Box 360

100 West Randolph Street

6295

East Illinois Highway

15

Suite 11-500

Woodlawn, IL

62898-0360

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)