•
RECEIVED
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
~
142005
STATE OF ILLINOIS
)
Pollution Control Board
)
)
)
PCBNo.05-
)
(LUST Appeal
—
Ninety Day Extension)
)
)
NOTICE
Dorothy M. Gunn, Clerk
Gail Wade, President
Illinois Pollution Control Board
Clinton County Oil Company, Inc.
James R. Thompson Center
P.O. Box
155
100 West Randolph Street
Breese, IL
62230-0
155
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,
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: March 10, 2005
CLINTON COUNTY OIL
COMPANY, INC.,
Petitioner,
V.
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
RECE~vED
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
MAR
142005
OF THE STATE OF ILLINOIS
STATE
OF ILL N0~S
CLINTON COUNTY OIL
)
Pollution
Control tjcard
COMPANY, INC.,
)
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 8,
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 sta~tes
as follows:
1.
On February
2,
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 forreview, asking the Illinois EPAjoinin requesting
that the Board extend the thirty-five day period for filing a petition to ninety days.
The Petitioner
did
not
represent when the
final
decision was
received, though
the
earliest date
that
service
would be completed would be February 3, 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
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 f~r
a ninety-day extension of
the thirty-five day period for petitioning for a hearing.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
John~J~
Kim
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, 2Q05
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
-3b0,
CHICAGO,
IL 60601,
312-814-6026
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/782-6762
CERTIFIED MAIL #
FE~3
02
2005
7002
~150
0000
1254
4~90
Clinton County Oil Company
Attn:
Gail Wade
8322 Old US Highway 50,
POB
155
Breese,
Illinois
62230
Re:
LPC #1194765001
--
Madison County
Highland/CC Food Mart-Pierron
13655
John Drive
LUST Incident No. 20020100
LUST FISCAL FILE
Dear Ms.
Wade:
The Illinois Environmental Protection Agency has completed the review ofyour 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
Ill. Adm.
Code 732, Subpart F.
This
information is dated July
19, 2004 and was received by the Agency on
August 3, 2004.
The application for payment covers the period from December 4, 2002 to March
9, 2004.
The amount requested is $9,442.62.
The S10,000.00 deductible associated with incident #20020100 was deducted from
the claim
received by the Agency on August 14,
2002 for $37,776.96.
The eligible costs;
$4,542.62
from
the claim received by the Agency on February 17, 2004
for
$5,251.25
were applied to the
$10,000.00 deductible associated with incident #20011738.
The balance ofthe deductible;
$5,105.84 was deducted from this claim.
On August 3, 2004, the Agency received your complete application for payment for this claim.
As
a result of the Agency’s review ofthis
application for payment, a voucher for $4,336.78 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
for payment.
Subsequent applications for payment that have beenlare 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.
ROCKFORD —4302 North Main
Street,
Rockford,
IL 61103
—
(815)
98
arrison St.,
Des
Plaines,
IL 60016— (847) 294-4000
ELGIN—
595
South State,
Elgin,
IL 60123
—(847) 608-31
St.,
Peoria,
IL 61614 —(309) 693-5463
BUREAU
OF
LAND
-
PEORIA
—
7620
N. University
St.,
Peoria, IL 616)4— (309
South
First Street, Champaign,
IL 61820— (217) 278-5800
SPRINGFIELD
—4500 S. Sixth Street Rd., Springfield,
IL 62706 —(217)
4a11 Street, CoI)insville,
IL
62234
—(618) 346-5120
MARION
—2309 W. Main
St
)
993-7200
EXHIBIT
Page2
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 ofthe 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 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, 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 of Illinois 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
Ifyou have any questions or require further assistance, please contact Catherine S. Elston
ofmy staff at 217/782-6762.
Sincerely,
Douglas E.
Oakley, Manager
LUST Claims Unit
Planning & Reporting Section
Bureau of Land
•
DEO:CSE:ct\0503323.doc
•
cc:
CSD Environmental Services, Inc.
•
SHELL GASOLINE,
FUEL OILS
S
•
WHOLESALE &
RETAIL
MOTOR OILS & GREASES
ESTABLISHED
1923
•
FIRESTONE TIRES & TUBES
Clinton County Oil Co., Inc.
P.O.
Box
155
Breese,
IL
62230-0155
618/526-7291
March
2,
2005
Susan Schroeder
Attorney,
Division of Legal Counsel
1021
North
Grand Avenue East
P.O.
Box
19276
Springfield,
IL
62794-9276
Re:
Request for a
90 Day Extension
in
LPC #1194765001
—
Madison County
(Highland/CC
Food Mart
—
Pierron)
Dear Ms.
Schroeder:
Pursuant to Section 40(a)(1) of the
Illinois
Environmental
Protection Act, 415
ILCS 5/40
(a)(1),
and
a 35
Ill. Adm. Code, Sec.
105.208,
I
am
requesting that the
Pollution Control Board grant a 90-day extension of time to appeal the Agency’s
February 2, 2005 letter which applies a second deductible to our site referred to
as CC Food
Mart-Pierron.
I further request that the Agency give written notice to
the Board of this request for a
90- day extension of time to petition the
Board for
a
hearing.
A copy of the Agency’s February 2, 2005 letter is attached.
The reason for this
request is that, during the
next 90 days,
Clinton County Oil
intends to meet with Agency’s LUST Section to discussing the application of a
second deductible to the site and hopefully
reach an agreement with
the Agency
thereby eliminating the need for formal
appeal
and hearing.
Your prompt attention to this request would be greatly appreciated.
Thank you,
Gail Wade, President
cc:
CSD Environmental Services, Inc.
Attachment:
IEPA Letter of February 2, 2005
EXHIBIT
_____________
JOBBER
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,
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, Illinofs, with sufficient First Class
Mail postage affixed thereto, upon the following named persons:
DorothyM. Gunn,
Clerk
S
Gail Wade, President
Illinois Pollution Control Board
Clinton County Oil Company, Inc.
James R. Thompson Center
P.O. Box
155
100 WestRandolph Street
Breese, IL
62230-0155
Suite
11-500
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Joh~~L~
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)
