V.
)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
Dorothy M. Gunn, Clerk
fllinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
‘ION
CONTROL
BOARD
OF ILLINOIS
NOTICE
PECE~VED
CLERK’S OFFICE•
MAR
1 ~ 2005
STATE OF ILL~OIS
PoflUttOn Contro’
t3oard
PCBNo.05-
(LUST Appeal
—
Ninety Day Extension)
Gail Wade, President
Clinton County Oil Company, Inc.
P.O. Box
155
Breese, IL
62230-0
155
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 J. K m
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,
)
)
)
1F9ffF1fliF~flk\H/A
k~’~’1’P4~I1
$~/~4LUTION
CONTROL BOARD
MAR
142005
I
JJ ~
LiB
TE OF ILLINOIS
STATE
OF ~LUNOIS
CLINTON COUNTY OIL
)
PoUutiOfl Contro’ BOaSd
COMPANY, INC.,
)
Petitioner,
)
v.
)
PCBNo.05-
kj
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 ofone
hundred twenty-five
(125)
days from the date ofservice ofthe Illinois EPA’s final decision.
In support thereof, the Illinois
EPA respectfully states 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 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
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 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 for a ninety-day extension of
the thirty-five day period for petitioning for a hearing.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
JohnCJ~.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, 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.
BLAGOJEVICI-I,
GOVERNOR
RENEE CIPRIANO,
DIRECTOR
217/782-6762
CERTIFIED
MAIL #
FE~3 0
2
2Q05
7002
~15D
0000
1254
4990
-
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)
ofthe 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 $10,000.00 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 ofthe Agency’s review of this application for payment, a vouche.r 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 ofthis
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 61614—
(309
South
First Street,
Champaign,
IL 61820— (217) 278-5800
SPRINGFIELD
—4500 5. Sixth Street
Rd.,
Springfie)d, IL 62706— (217)
all Street,
Col)insvifle,
IL 62234 —(618) 346-5120
MARION
—2309 W.
Main
St
)
993-7200
EXHIBIT
.0
Page 2
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 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, along with a copy of this decision, must be sent to the
Illinois EPA as soon as possible.
For information regarding the filing of an
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
If
you have any questions or require further assistance, please contact Catherine S. Elston
of my 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
•
WHOLESALE &
RETAIL
MOTOR OILS & GREASES
ESTABLISHED
1923
•
FIRESTONE TIRES & TUBES
Clinton County Oil Con, 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
35111. Adm. Code, Sec.
105.208, lam 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
c~7
_____________
JOBBER
I,
RECE~VED
CLERK’S OFFICE
MAR
1
42005
hereby certify that on Mar~ItAl~
~
~y~d
true
Pollution Control Board
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,
Illinois, with sufficient First Class
Mail postage affixed thereto, upon the following named persons:
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Gail Wade, President
Clinton County Oil Company, Inc.
P.O.
Box
155
Breese, IL
62230-0155
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)
