BEFORE THE POLLUTION CONTROL BOARDOF THE STATE OF ILLINOIS
NOTICE
REQUEST FOR NINETY DAY EXTENSIONOF APPEAL PERIOD

EXHIBIT
1. CERTIFICATE OF SERVICE

ROAD

RANGER,

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

RECEIVED

CLERK’S OFFICE

APR 26

2005

Douglas E. Liniger, L.P.G., Project Coordinator

Andrews Environmental Engineering, Inc.

3535

Mayflower Blvd.

Springfield, illinois

62707

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

Johni.Kim

Assistant Co

Special Assistan

omey

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: April 22, 2005

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

)

Petitioner,

Respondent.

STATE OF ILLINOIS

Pollution Control Boarcg

PCBNo.05-

)

(LUST Appeal

—

Ninety Day Extension)

)

NOTICE

RECEIVED

CLERK’S OFFICE

BEFORE THE POLLUTION CONTROL BOARD

APR

262005

OF THE STATE OF ILLINOIS

STATE OF ILLINOIS

P~lI~ti~~

Control Board

ROAD RANGER,

)

Petitioner,

)

PCB No.

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

Section

40(a)(1)

of the Illinois

Environmental

Protection

Act

(415

ILCS

5/40(a)(l))

and

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

21,

2005,

or any

other date not

more than

a total of one

hundred

twenty-five

(125)

days from the date ofreceipt of the Illinois

EPA’s

final decision.

In support

thereof, the

Illinois EPA respectfully states as follows:

On March

17,

2005,

the

Illinois EPA

issued

final

decision to

the

Petitioner.

(Exhibit A)

On April

18,

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

petition

ninety

days.

Upon

information and beliefthe Petitioner did receive the information on March

18, 2005.

(Exhibit B)

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 forpetitioning for a hearing.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

This filing submitted on recycled paper.

John J. Kim

Assistant Counsel

Special Assistant

Division ofLegal

1021 North Grand Avenue, East

P.O. Box

19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Dated: April 22,

2005

AFR.21.2005

14PM

ANDRE~JSENGINEERING

NO.311

P.2/4

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH

GRAND AVENUE

EAST,

P.O.

Box

19276,

SPI~INCFIELD,lLuNoJs

62794-9276,

217-78;

3397

JAMES

THOMPSON

CENTER,

100

WEST

RANDOLPH,

SuiTE

11-300,

CHICACO,

60601,

312.81 4-~

026

ROD

BLAGOJEVICI-1,

GOvERNOR

RENEE

CIPRIANO,

DIRECTOR

217/782-6762

CERTIFIED MAIL #

P14!?

2005

7002

~S0

0000

1249

Rangar Enterprises, Inc.

Attn:

Richard McMahon

Post Office Box 4745

Rockford,

Illinois

61110

Re:

LPC#1150155494--MaconCounty

Decatur/Road

Rangar Enterprises

1685

South Baltimore Avenue

LUST

Incident No. 20010249

LUST

FISCAL FILE

Dear Mr. McMahon:

The Illinois

Environmental Protection Agency has completed the review ofyour app ication for

payment

from

the Underground Storage Tank Fund for the above-referenced LUST

ncid~nt

pursuant to

Section 57.8(a) of the Illinois Environmental

Protection Act

(Act), and

;

Ill.

Adm.

Code 732, Subpart

This information is

dated November 22, 2004 and was receiv

d by the

Agency on December

2004.

The application

for payment covers the period from

uly

1, 2002

to May 23,

20041

The amount requested is

$34,343.53.

The deductible amount for this claim is

$10,000.00,

which was previously deducted

~omthe

Invoice Voucher dated January 24, 2002.

Listed

in Attachment A are the costs whic

are not

being paid and the reasons these costs are

not being

paid.

On December 9, 2004, the Agency received your complete application for payment

or this claim.

a result ofthe Agency’s review ofthis

application for payment,

a voucher for $12,984.35 will

prepared for submission to the Comptroller’s Office for payment as funds becom~

available

based

upon the date the Agency received your complete request for payment ofthis ~pplication

far payment.

Subsequent applications for payment that have beeniare submitted

wil

processed based upon the date complete subsequent application for payment request4 are received

by the Agency.

This constitutes the Agency’s fin~1action with regard to

the above ~plication(s)

for payment.

An underground storage tank owner or operator may appeal

this final ~decisionto

the Illinois

Pollution Control Board (Board) pursuant to

Section

57.8(i)

and

Section 40 ofthe A

by filing

petition for a hearing within 35

days after the date ofissuance ofthe final

decision,

lowever, the

—

4302

North Main

Street,

Rock(ord, IL 61103

—181

Harrison

St.,

Des Plairies,

IL 600

6—

(847) 2~i4-4000

tt~i~.

—

59~

Suuth

State, E~gir~,

IL 6012

—

ffl471

EXHIBIT

it)’ St.,

Peoti,3.

II.

61(,14

—

(~09)l~9-5483

PtO,~IA

—

7620

LiniversizySt.. Poori~.

61614

—13

South First

Street,

61820 —(217) 278-5800

SPRINC~thC~

—

45(11)

S’~tI~

Street

P.d.,

Spr(ni~iieki.IL

(,2~OL’

—

121

9 M~II

Str~~t,

Cullinsvilk. IL 6223

—(618)

346-5120

MAiiI~3r~

—

2309W.

Main

—

181 ~)3.720Q

AFR.21.2005

4:14PM

ANDRE~JSENGINEERING

NO.311

P.3/4

Page 2

35-day

period may be extended for a period of time not to exceed 90

days by written

otice from

the owner or operator and the Illinois

EPA within the initial 35-day appeal period.

If’çhe

applicant wishes to receive a 9Q-day extension, a written request that includes a statethent ofthe

date the final decision was received, along with

copy of this decision, must be sent

the

Illinois EPA as soon as possible.

For information regarding the filing of ~n 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 of Legal 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

Oakley, Manager

LUST Claims Unit

Planning

& Reporting Section

Bureau ofLand

DEO:CSE:ct\0502901

1 .doc

Attachment

cc:

Andrews Environmental

Engineering

APR. 21

2~O5

14PM

ANDRENS

ENGINEERING

NO. 311

P. 4/4

Attachment A

Accounting Deductions

Re:

LPC#1150155494--Macon

County

Decatur/Road Rangar Enterprises

1685

South Baitimore Avenue

LUST Incident No, 20010249

LUST Fiscal File

Citations in this attachment are

from and the Environmental Protection

Act (Act) arid

Illinois

Administrative Code

(35

Iii. Adm.

Code).

Item #

Description ofDeductions

521,078.18, deduction for costs

associated with duplicate billings.

(Section

57.7(c)(4)(C)

ofthe Act and

Ill. Adm.

Code 732.606(o))

Costs on Andrews Environmental Invoice #12941 previously paid on July

14, 2003

final decision letter

$2,973.58

Costs on Andrews Environmental Invoice #14521 previously paid on Novem

er 3,

2003

final decision letter

-$2,798.75

Costs on

Andrews Environmental Invoice #14772 previouslypaid on Novem

er 3,

2003

final decision letter

$1,089.00

Costs on Andrews

Environmental Invoice #14979 previously paid on Novem

er 3,

2003

final decision letter

$8,080.68

Costs

on Andrews Environmental Invoice #15132 previously paid on Novem

2003

final decision letter- $6,136.17

5281.00, deduction

for costs associated with High Priority site activities.

The

illings

submitted exceed the approved budget amounts.

The Illinois EPA is unable

approve billings

that exceed the approved

budget amounts.

(Section

57.8(a)(1

ofthe

Act and 35

Ill. Adm.

Code 732.601(f))

Personnel Costs exceeded the approved bi.iclget.

CSE:ct\0502 901 2.doc

April

18, 2005

RECEIVED

DivI~jo~

of Legal Counsel

APR2O2~

Environmental Protection

Agency

ANDREWS

ENVIRONMENTAL ENGINEERING INC. 3535

Mayflower

Blvd.,

Springfield,

lllinds

62707/(217) 787-2334

Illinois Environmental Protection Agency

Division of Legal

Counsel

1021

North Grand Avenue

P.O.

Box19276

Springfield,

62794-9276

re:

LPC #1150155494

—

Macon

County

Decatur/Road Ranger

1685 South Baltimore Avenue

LUST Incident No. 20010249

LUST Technical

File

Dear Sir or Madam:

•

..~

O~ibehalfof

Ranger

Enterprises,

Inc.,

Andrews

Environmental

Engineering,

Inc.

requesting an

extension to the 35-day appeal

period,

It is requested that the extension

until

May

17.

2005.

Our

response

the

March

17,

2005

Illinois

Environmental

•

Protection Agency

(Illinois

EPA)

is nearly complete.

However, due

the necessity to

complete a thorough

review of the documentation

in question,

are

concerned about

the

potential

the

Illinois

EPA

receiving

our

response

and

request

for

second

evaluation ofour previous submittal after the 35-day appeal p~eriodhas expired.

appreciate

your

cooperation

this

matter.

Should

you

have

questions

comments, please feel

free to contact

me.

Sincerely,

Project Coordina

DEL:del:sjb

cc:

Ms.

Pat Layman,

Illinois

EPA

J:\2001.106L\Doc.\2005\extension request to

EPA doc

FA)~:

(217)

787-9495

EXHIBIT

Made

with Recycled Fiber

CERTIFICATE OF SERVICE

the undersigned attorney

at law,

hereby

certify

that on

April

22, 2005, I served true and

correct copies

a REQUEST FOR

NINETY DAY

EXTENSION

APPEAL

PERIOD, by

~lacing true and

correct

copies

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

Douglas B. Linger, L.P.G., Project Manager

Illinois Pollution Control Board

Andrews Environmental Engineering,

Inc.

James R. Thompson Center

3535

Mayflower Blvd.

100 West Randolph Street

Springfield, Illinois 62707

Suite 11-500

Chicago, IL 60601

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

JolmJ.Kim

(

¶.~

Assistant

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)