1. REC~VED
      2. NOTICE
    1. EXHIBIT
CENTURY CHEVY,
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
)
REC~VED
CLERK’S
OFPlcF
MAR
142005
STATE OF ILUNOIS
Pollution Control Board
,t~c
)
PCBNo.05-
)
(LUST Appeal
—
Ninety Day Extension)
)
)
NOTICE
Beth Giacomo, 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,
John
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 10, 2005
BEFORE THE POLLUTION CONTROL
BOARD
OF THE STATE OF ILLINOIS
RECE
WED
CLERK’S OFF’CE
BEFORE THE POLLUTION CONTROL BOARD
MAR
14
20O~
OF THE STATE OF ILLINOIS
STATE OF lLL~~IOlS
CENTURY CHEVY,
)
Pollution Con~xo~
board
Petitioner,
)
,‘
~
)
PCBNo.05-
~
ILLINOIS ENVIRONMENTAL
)
(LUST Appeal
—
NinetyDay 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 July
5,
2005,
or any
other date not more than a total ofone hundred twenty-five
(125)
days from the date of service ofthe Illinois EPA’s
final decision.
The
125th
day from service is
July 3,
2005,
a Sunday, and July 4,
2005,
is a State holiday.
In support thereof, the Illinois
EPA
respectfully states as follows:
1.
On February 24,
2005,
the Illinois
EPA issued
a
final decision to the Petitioner.
(Exhibit A)
2.
On March 2, 2005, the Petitioner made a written request to the Illinois EPA for an
extension oftime by which
to file a petition for review, asking the Illinois EPAjoin 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
February 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 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
16r 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: March
10, 2005
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
CERTIFIED MAIL
FEB
24
2005
.
7002
3150
.0000
1252
30~&
Century Chevy
.
______
Attn
John E
Martin
~
.0. ~,ox ~
FEB
2
8
nr~’n
Evansville, IN
47736-3765
.
1LI..i
LI
~FW~
_____
-
Re:
LPC #1130205049
--
McLean County
Bloomington/Century Chevy
150
& Veterans Pkwy.
LUST Incident #920377
LUST FISCAL FILE
Dear Mr. Martin:
The Agency has completed the review ofthe request for reimbursement ofcorrective action costs
from the Illinois Underground Storage Tank Fund for the above-referenced facility.
The invoices
reviewed covered the period from April
1, 2004 to
August 28, 2004..
The amount requested was
$1,887.50.
--
The deductible amount for this claim is $10,000.00, which was previouslydeducted
from the
Invoice Voucher dated October 6, 2004.
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 October 6, 2004, the Agency received your complete request for payment for this claim.
As a
result ofthe Agency’s review ofthis claim, a voucher for
$1,427.50
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 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 operatormay appeal this final decision to the Illinois Polluiion 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 ofissuance 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
R(
(kF( ~t
—
4302
North Main
Street,
Rocktord.
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State. Em.
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BUREAU
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PEORI.A
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7620 N. University
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Peoria. IL 6 lb 14
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4.5(10
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Sixth Street Rd.. Springfield.
IL 62700
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VV.
Ma,
_____________________
I
EXHIBIT
\A,’. Hjrrison St..
Des Plaines, IL
60010—
1)147)
294-4000
ersity
St..
Peoria.
IL
61614—
1309
693-5463
125 South First Street,
Champaign, II 61820
—
(217) 278-5800
009
MalI
Street, CoIIinsviIIe,
IL 62234
—16181
346-5120
1618
993-7200
-
Page
2
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 requestthat 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
1 1-500
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
If you have any questions, please contact Richard Nykiél of my staffat 217/782-6762.
~4’E.
Oakley, Manager
LUST Claims Unit
Planning & Repot ling Section
Bureau ofLand
DEO:RN:bjh\053341
1 .doc
Attachment
cc:
United Science Industries,
Inc.
Attachment A
Accounting Deductions
Re:
•
LPC #1130205049
--
McLean County
Bloomington/Century Chevy
150 & Veterans Pkwy.
LUST Incident No.
920377
LUST FISCAL FILE
Item #
Description of Deductions
$460.00,
deduction
for costs which arenot for Corrective Action activities (Section
22.1 8(e)(1)(C) and 22.1 8b(a)(3) ofthe Environmental Protection Act).
United Science Industries Inc.
Client Correspondence Costs are
not eligible for reimbursement
Invoice #004211
=
$95.00
Invoice #003937
=
$365.00
Total Deductions
=
$460.00
DEO:RN:bjh\053341
1 .doc
P.O.
Box 360
6295
East Illinois Highway
15
Woodlawn, Illinois 62898-0360
March 2, 2005
Illinois Environmental
Protection Agency
Division of Legal
Counsel
1021
North
Grand Avenue
East
Springfield,
IL 62792-9276
Re:
LPC# 1130205049--McLean
Co.
Bloomington/Century
Chevy
150
&
Veterans
Pkwy.
LUST Incident No.
920377
ATTN: John
Kim
Dear Mr. Kim,
United
Science
Industries,
Inc.
(USI),
on
behalf of our client,
requesting
a
90-day
extension
to
the
35-day
appeal.
period
IEPA correspon~Ienceincluded.
I
appreciate
yOur
time
and
consideration
in
this
matter.
questions
or
comments
regarding
this
matter
please
contact
2411
ext.
189.
Sincerely yours,
UNITED SCIENCE INDUSTRIES,
INC.
L ~2
~2~”iJ
Beth Giacomo
Project Manager
Enclosures
Phone: (618) 735-2411
Fax:
(618) 735-2907
E-Mail:
unitedscience@unitedscience.com
Century
Chevy,
is
in regards to the
If you have
any
me at (618) 735-
UNITED ScIENCE
INDUSTRIES
MAR
0
3
2~31J5
j~PA/bt~C~
EXHIBIT
CERTIFICATE OF SERVICE
I, the undersigned attorney at law,
hereby certify
that
on March
10,
2005,
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 SpringTield, Illinois, with sufficient
First Class Mail postage affixed thereto, upon the following named persons:
Dorothy M. Gunn, Clerk
Beth Giacomo, 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 ofLegal counsel
1021
North Grand Avenue, East
P.O. Box
19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)

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