RECEIVED

BEFORE THE POLLUTION

CONTROL BOARD

CLERKS OFFiCE

OF THE

STATE OF ILLINOIS

AUG

112005

MORGAN SOUTHERN COMPANY,

)

STATE OF ILLINOIS

Pollution Control Board

Petitioner,

)

)

PCB

No.

06-

ILLINOIS ENVIRONMENTAL

)

(LUST Appeal

—

Ninety Day Extension)

PROTECTION AGENCY,

)

Respondent.

)

NOTICE

Dorothy M. Gunn,

Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago,

IL 60601

Urn Narla

Professional Service Industries,

Inc.

4421

Harrison Street

Hillside, IL

60162

PLEASE

TAKE NOTICE

that

I have

today

filed

with

the office of

the

Clerk of

the

Pollution

Control Board a REQUEST

FUR NINETY DAY EXTENSION OF

APPEAL PERIOD,

copies of which

are

herewith served upon

you.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

Joh4J. 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:

August 9, 2005

---

RECEIVED

CLERKS

OFFICE

BEFORE THE

POLLUTION CONTROL BOARD

AUG

!

12005

OF THE

STATE OF ILLINOIS

STATE OF ILLINOIS

Pollution Control Board

MORGAN SOUTHERN COMPANY,

)

-

Petitioner,

)

v.

)

PCBNo.06-

ii

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)(l)

of the

Illinois

Environmental

Protection

Act

(415

ILCS

5/40(a)(1))

and

35

III.

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 November 8, 2005, or any other date not more than a total of one hundred

twenty-five

(125)

days from

the date of service of the Illinois

EPA’s final

decision.

In support thereof, the

Illinois EPA respectfully states as follows:

1.

On

June

30,

2005,

the

Illinois

EPA

issued

a

final

decision

to

the

Petitioner.

(Exhibit A)

2.

On July 29, 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

did

not

indicate

when the final

decision was received,

but

tracking the

Certified Mail number

shows

the letter was delivered on July 6, 2005.

(Exhibit B)

---

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

Joh~

J. Rim

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: August 9, 2005

This filing

submitted on

recycled paper.

2

---

JUL—29—2~5

14:33

ZLC LEGAL

~‘

~

PSI HILLSIDE EM)

Fax:7082360721

Jul

29 2005

14:31

P.03

,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021

NORTH

Gt~ND

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

Ron

R.

B~coJEvIcH,GOVERNOR

RENEE CIPRIANO, DiRtcioR

217/782-6762

CERTIFIED

MAIL #

JUN

30

2005

7004

2510

0001

8653

0002

Double Corporation of Illinois

Attn:

DavidMorgan

1500

Cedar

GrOVe

Road

Conley, GA 30288

Re:

LPC #0310395025

--Cook County

Calumet City/Morgan Southern Company

1579 Valencia Court

LUST

Incident No. 20030203

LUST FISCAL FILE

Dear Mr. Morgan:

The Illinois Environmental Protection Agency has completed the review

of

your application for

payment

from the Underground Storage Tank Fund for the above-referenced LUST incident

pursuant to Sectio~i

57.8(a) ofthe Illinois Environmental Protection Act (Act), and 35

Ill. Adm.

COde

732, Subpart F.

This information

is

dated May 24,

2005

and was received by the Agency

on

May 26, 2005.

The application for payment covers the period from February

14, 2003 to

April

22, 2005.

The amount requested is

$109,059.10.

The deductible amount

to be assessed on this claim is $10,000.00.

The amount being applied to

the deductible from this claim

is

$8,315.49,

leaving

a

balance ouiI,683.51

still to bcmct,, In

ittldition

to

thc

deductibic,

there

are

costs G~om

this

claim

that

are

not being paid.

Ligted

in

Attachment A arc the

costs that are not being paid

and the reasons lhes~

costs

are

not being paid.

On June 7,

2005, the Agency received your complete application

for payment

for

this claim.

As

a result ofthe Agency’s review ofthis application for payment,

a voucher cannot be prepared for

submission

to the Comptroller’s office for payment.

Subsequent applications for payment that

have been/are submittedwill lx processed based upon the date complete subsequent application

for payment requests

are received by the Agency.

This óonstitutcs the Agency’s final action

with

regard

to

the

above application(s)

for

payment.

An underground

storage tank owneror 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 excccd ?0 days by written notice

RØCQORn—4302

North

Main

Sireat,

Rockford.

IL

61103—18133

““~-

rs..

~

—

~

W.

Harrlsonst.,Do:

Planes,

IL

bOOlE.

—(64?) 2~4-4OOIi

—

595

South

5I,~!e.

~I~in.IL 60123—18471

~iiy SI..

Peoria,

IL 61614~1309169.1.5403

Bi.Ii~AL

Of

L~I)

PEUW,,

—

7620

r’~.

Univorsily

St..

Peoria,

IL bi b14

—

EXHIBIT

?5

South Fire SIrpel.

Charnp.iiiin,

IL hi

1110

—

IJI 71 27n.5R’’u

SflCr\CFIELI)— 45005.

SxIh

Street Rd.,

5pring~ielc1,

IL

62706—I

Mali

SIreel,

CoIIinsvlIIe, IL b2234

—

618) .341,.Si2(l

MMIC~’,

—

2309 W.

Ma

A

181

993-72C11

---

---

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JLL—29—2005

14:33

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p

nc

PSI

HILLSIDE ENL)

,

Fax:7082360721

Jul

29 2005

14:31

P.06

Page 2

B.

There

was no receipt provided for Site Registration requested under Field

Purchases.

Handling charges can be considered only on posts with accompanying

rcoeipts/invoiccs.

The related Handling Charges are being

deducted ($9.35).

C.

There was no invoice submitted from U.S. Biosyatcm3 for the amount of this

deduction ($400.00),

3.

None ofthe

costs incurred from April

8,

2003 to

January

7, 2005

are eligible for

reimbursement.

To be considered for reimbursement, early action activities must be

performed within 45 days after initial notification to the Illinois

Emergency

Management Agency ofa release,

The costs in question were not incurred within the

time allowed for such reimbursement.

(35 III. Mm.

Code 732.202(g))

A.

There are psi Personnel Costs past

52

days from ffiMA ($6,876.00).

B.

There are RW Collins Personnel Costs incurred past 52

days ($5,692.50).

C.

Equipment usage after 52

days is denied ($12,477.50).

D.

Proctor Analysis, requested under Stock Items is ‘past 52

days ($150.00):

E.

The IDOT permit, requested under Field Purchases,

is past 52 days ($31.00)..

F.

There arc subcontractor costs past

.52 days ($49,070.90).

4.

$15,548.17, deduction

for costs

for corrective action or indemnification that were

incurred prior to the

owner or operator providing notification ofthe release to the

Illinois Emergenèy Management Agency (TEMA, formerlyIESDA) (Section 57.8(k) of

the Act and 35111. Adm.

Code 732.606(n)).

A.

There are psi Personnel hours prior to IEMA ($1,662.50).

B.

There are RW

Collins Personnel hours incurred prior to IEMA ($1,782.50).

C.

There is

Equipment usage that

is prior

to IEMA.

In addition, the costs incurred on

February

13, 2003 would

be associated with

the tank pull ($8,285.00).

D.

There are Subcontractor costs prior

to TEMA.

In addition,

the Lincoln Paving

Company invoice, the Material Services

Corporation invoice

with a ship date of

February

13, 2003,

and the RS Used Oil Services invoice with ajob date of

February

13, 2003 include

costs

associated with

a

planned

tank

pull, the

Admini8trativc Order and/or the two

incligible oil tanks ($3,8 IS. 11).

5.

53,426.00, deduction for costs

for the removal, disposal,

or abandonment of an

underground storage tank that

was removed or abandoned, or permitted for removal

or

abandonment, by the Office of the State Fire Marshal before the ow~~er

or operator

provided

notice to the Illinois EmergencyManagement Agency of a release of

petroleum

(Section

57,8(j)

ofthe Act and

35

III. Mt.

Code 732.606(k)).

Deduction forcosts

incurred forthe removal,

disposal, or abandonment ofthe

underground storage tank(s)

which

were not removed

in

accordancewith

Office ofthe

State Fire Marshal

regulations.

(Section 57.5(b) ofthe

Act and

35111. Adm.

Code

732.606(i))

---

JUL-29-2O~

14:33

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PSI HILLSIDE ENV

Fax:7082360721

Jul 29 2005

14:31

P.07

Page 3

Deduction for costs for

the removal of undcr~oundstorage tanks for which the owner

or operatorwas deemed

ineligible

to

access the

Fund.

(Section 57.9(a) oftheAct

and

35

TI!. Mm. Code 732.608(a)(l))

Deduction for costs for corrective action or indemnification thatwere incurred prior to

theowner or operatorproviding notification ofthe releasetothe IllinoisEmergency

Management Agency (IBMA, formerly 2SDA) (Section 57.8(k) of the Act and 35

Iii.

Adm. Code 732.606(n)).

A. RW

Collins Personnel Costs incurred on February

13, 2003 (the day of

the tank

pull) are denied.

This site had aplanned tank pull,

an Administrative Order

issued

from OSEM, and there were two

oil tanks pulled that are not eligible.

In addition,

these costs are prior to IRMA ($3,200.00).

B.

The permits from the CityofCalumct City and from DOT that are associated with

the tank pull are

denied ($226.00).

6.

$6S.98, deduction for costs

for corrective action activities for underground storage

tanks for which the owner oroperator was deemed ineligible to access the Fund

(Section 57.8(m)(l) ofthe AcL and 35111. Adm.

Code 732,608).

The following deductions are denying

5.21

of the costs indicated for being

associated with the two ineligible oil tanks.

The total tank volume was 21,

100

gallons.

The total tank volume of the ineligible tanks

is

1,100 gallons.

1,100 /21,100

=

5.21

i~O

of the total tank volume associated with the ineligible tanks,

A.

This deduction is from the RW Collins personnel hours incurred

on February

14,

2003 (531.26).

B.

This deduction

is from the Equipment Costs incurred on February 14,

2003.

•

($23.45).

•

C

This deduction is from the Material Service Corporation invoice dated

February

17, 2003

with a

ship date ofFebruary 14,

2003

($14.27).

7.

$1

1 40.00, deduction for costs

incurred for additional remediation after receipt of a No

Further Rernediation Letter for

the occurrence for which the No Further Remediation

Letter was received,

(35

III. Adm.

Code 732.606(kk))

Nonc of the costs incurred from January 25, 2005

to April 15,

2005 are eligible

for

reimbursement.

To be considered for reimbursement, Srly

action activities must be

performed

within

45 days after initial notification to

the Illinois Emergency

Management Agency ofarclcasc,

The costs in question were not incurred within

the

time allowed for such reimbursement.

(35

Ill. Adm. Code 732.202(g))

A.

There arc psi Personnel Costs past NFR and past 52 days from IEMA.

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JUL—29—2005

14:33

DLC LE~L

.

P

Da’ng

PSI HILLSIDE ENU

Fax:7082353721

Jul 29 2005

14:31

P.08

?age4

•

8.

$40.00, deduction for costs incurred for additional remediation

afterreceipt ofaNo

Further Remediation Letter for the occurrence for which the No Further Remediation

Letter was received.

(35

III.

Adm. Code 732.606(kk))

A.

The truck usage, billed under Stock Items1 is past NFR.

9.

54,576.09,

adjustmentin the handling charges due to the deduction(s) of incligible

costs (Section 57.8(f) of the Act and 35

Ill. Adni. Code 732.607).

A.

The Handling Charges associated with the deductions

from Field Purchases are

denied ($30.80).

B.

The Handling Charges associated with the deductions from Subcontractors arc

•

denied ($4,545.29).

10.

•

5.02, deduction for costs due to a mathematical error.

(Section 57.7(c)(4)(C) ofthe

Act and 35111.

Adm, Code 732.606(fl))

This

deduction is from the total ofthe line

items

on the Summary Sheet for All~

Charges.

The line

items total $109,059.12, but only $109,059.10 is requested,

11.

$.10, deduction for costs which are unreasonable as submitted.

(Section 57.7(c)(4)(C)

ofthe Act and 35111,

Adm. Code 732.606(hh))

This deduction

is from the total amount requested on the Summary Sheet for All

Charges.

The amount certified on the Payment Certification form

is $109,059.00.

Nlvf:me\051872

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.JUL—29—20~

14:33

DLC LEGAL

P.09~09

PSI HILLSIDE ENL)

Fax:7082360?21

Jul

29 2005

14:32

P.09

Attachment

A

Technical

Deductions

Re:

LPC #0310395025

--

Cook County

Calurnet City/Morgan

Southern, Inc.

1579 Vajencia Court

•

LUST Incident No. 20030203

LUSTFiscal File

Citations in this attachment arefrom

and

the Environmental Protection Act (Act)

and

35

Illinois

AdministrativeCode

(35

Ill.Mm. Code).

Item

#

Description of Deductions

$78.00, deduction for costs submitted after the issuance ofaNo Further Remediation

(NFR) Letter, Pursuantto 35 III.Adm. Code732.305(d) or 732.405(d),

any plan

or

budget shall be submitted to the Illinois EPA for

review and

approval, rejection, or

modification in accordance with

the procedures contained

in Subpart£ of

35

Ill. Adm.

Code 732 prior to the issuance ofanNFR Letter.

MRTmrt\

TOTPL

F.~9

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JUL—29—2005

14’33

DLC

LEGAL

°

n—Inn

PSI HILLSIDE ENV

Fax:7082360721

Jul 29 2005

14:31

P.02

r~ri7

Information

LflSijToBuildQn

tnglnn#ng

•

Consulting

•

TbstJng

July 29, 2005

Mr. John Kim

Assistant

Counsel

Illinois Environmental Protection Agency

Division ofLegal

Counsel

1021 North Grand Avenue East

Springfield, Illinois 62794-9276

Re:

Incident No. 20030205

Morgan Southern Company

1579 Valencia Court

Calumet City,

Illinois

PSI

PmJect Number 046-30005

LUST Incident Numbers; 20030205

LPc# 0310395025

Dear Mr. Kim:

•

Professional Service Industries,

Inc. (PSI) is

requesting

an extension, not to e~ceed

90

days,

to

appeal

the

agencies

decision

regarding

rejection

of

most

of: the

reimbursement

costs

incurred

for

Morgan

Southern

Site,

LUST

Incident

No.20030205 in a letter dated June 30, 2005.

PSI

has

attached

the

Illinois

EPA’s

letter

dated

June

30,

2005

stating

~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 period”.

Ifyou have any questions please feel free

to contact me at (708) 236-072G-x245 or

c-mail

me at om.narlaamsiusa.com,

Respectfully submitted,

Professional

Service Industries, Inc.

Project

Manager

OM:om

Cc; David Morgan,

MatthewWollert,

Guy Freese,

Howell Branum

Attachment

p

.

c,c’

cJJ

Professional

$eMc~Industries, Inc.

•

4421

Harrison

StBet.

•

HilJsiae,

IL 60182

Phone

7Q8/23~-Q72Q

‘Fax

7081236-0721

---

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on August 9, 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 Springfield, Illinois, with sufficient

First Class Mail postage affixed thereto, upon the following named

persons:

DorothyM. Gunn, Clerk

Om Narla

Illinois Pollution Control Board

Professional Service

Industries, Inc.

James R. Thompson Center

4421 Harrison Street

100 WestRandolph Street

Hillside, II. 60162

Suite 11-500

Chicago, IL 60601

ILLINOISENVIRONMENTAL PROTECTIONAGENCY,

JohtJ.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)