RECEIVED

CLERK’S

OFFICE

BEFORE THE

POLLUTION

CONTROL BOARD

OCT

032005

OF THE STATE OF ILLINOIS

STATE OF ILLINOIS

EAVES

AUTO

REPAIR,

)

Pollution Control Board

Petitioner,

)

v.

)

PCB No.

06-

ILLINOIS ENVIRONMENTAL

)

(LUST Appeal

—

Ninety Day Extension)

PROTECTION AGENCY,

)

Respondent.

)

NOTICE

Dorothy M. Gunn, Clerk

Paul L. Fish

Illinois Pollution Control Board

HDC

Engineering

James R.

Thompson Center

201

West Springfield Avenue

100 West Randolph Street

Suite 300

Suite

11-500

P.O. Box

140

Chicago,

IL 60601

Champaign, II.

61824-0140

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

~ITh

Assistant Counsel

Special Assistant Attorney General

Divisior~of

Legal

Counsel

1021 North Grand Avenue, East

P.O. Box

19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143

(TDD)

Dated: September 29, 2005

---

RECEIVED

CLERKS OFFICE

OCT

032005

OFTHE STATE

OF ILLINOIS

EAVES AUTO REPAIR,

)

Petitioner,

)

v.

)

PCB No. 06-

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, JoIm

J. Kim,

Assistant

Counsel

and

Special

Assistant

Attorney

General,

and,

pursuant

to

Section

40(a)(I)

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

January

2,

2006,

or any other date not

more than

a total of one

hundred

twenty-five

(125)

days from

the date ofservice of the

Illinois

EPA’s

final decision.

In support thereof, the

Illinois EPA respectflhly states as follows:

1.

On

August

29,

2005,

the

Illinois

EPA

issued

a

final

decision

to

the Petitioner.

(Exhibit A)

2.

On September

16,

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’s request included information that

represented the final decision was received on

August 30,

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 identif~’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

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: September 29, 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

—

I

217)

782-3397

JAMES

It

THOMPSON

CENTER,

100

WEST

RANDOLPH,

SUITE

11-300,

CHICAGO,

IL

60601

—(312)

814-6026

Roo

R.

BLAGOJEVICH,

GOVERNOR

DOUGLAS

P.

Scorr,

DIRECTOR

217/782-6762

CERTIFIED MAIL

4U6

292005

Eaves Auto Repair

Joseph Eaves

7004

2510

0001

8649

6353

538

South

Raili’oad Ave.

Paxton, Illinois

60957

Re:

LPC #0530255021

--Ford County

Paxton/Eaves Auto

Repair

538

South

Railroad

Ave.

LUST Incident

No. 941235

LUST

Technical

File

Dear Mr. Eaves:

• RECEIVEO

AUG

30

2005

HOC ENGINEERING

The Illinois Environmental

Protection Agency (Illinois EPA) has reviewed the High

Priority

Corrective Action

Plan Budget (budget) submitted

for the above-referenced

incident.

This

budget, dated May 9.

2005, was received by the Illinois

EPA on May

16.

2005.

Citations

in this

letter are

from

the

Environmental Protection

Act (Act) and 35

Illinois Administrative Code (35

Ill.

Adm. Code).

The budget is

rejected, for the reason(s) listed

in Attachment A (Section 57.7(c)(4) ofthe

Act and

35

Ill.

Adm.

Code 732.405(c) and

732.503(b)).

All

future correspondence must be submitted to:

-

-

Illinois Environmental Protection Agency

Bureau of Land

-

#24

Leaking Underground Storage Tank Section

1021

North Grand Avenue

East

Post Office

Box

19276

Springfield,

IL

62794-9276

Please submit all

correspondence in

duplicate and include the Re: block shown

at the beginning

ofthis

letter.

An underground storage tank system

owner or operator may appeal this

decision to the Illinois

Pollution Control

Board.

Appeal

rights are attached.

ROCKFORD

—

4302 North Main Street, Rockford,

IL 61103

—

(815)

ELGIN

—595

South State, Elgin,

IL 60123— (847)60

BUREAU

OF

LAND

-

PEORIA

—

7620 N.

Univer5ity St.

Peoria, IL 61614

—

SPRINGFIELD

—45005. Sixth Street

Rd., Springfield,

IL 62706

—(2

MARION

—

2309 W. Mai

fry.

Harrison

SI.,

Des Plajnes,

IL

60016— (847) 294-4000

rsity St.,

Peoria,

IL 61614—

(3091 693-5463

~25 South First Street. Champaign,

IL 61820 —(217) 278-5800

)09 MalI

Street,

CoIlinsvjlJe, IL 62234

—(618) 346-5120

(618) 993-7200

EXHIBIT

---

Page 2

If you have any questions or need

further assistance, please

contact John

Barrett

at (217

782-4X69.

Sincerely.

c~726?

Thomas A.

Henninger

Unit Manager

Leaking Underground

Storage

Tank Section

Division of Remediation

Management

Bureau of

Land

•

TAFI:JDB

Attachment:

Attachment A

HDC Engineering

Division File

---

-

Attachment A

Re:

LPC

#0530255021

—

Ford County

Paxton/Eaves

Auto Repair

538

South

Railroad

Ave.

LUST Incident

No. 941235

LUST

Technical

File

Citations

in

this attachnent are

from the Environmental

Protection

Act (Act)

and

35

Illinois

Administrative Code (35

Ill. Adm.

Code).

-

One ofthe overall goals ofthe financial review

is to assure that

costs associated with

materials, activities, and services are reasonable

(35

Ill. Adm.

Code 732.505(c)).

The

budget includes costs that are

not reasonable as submitted

(Section

57.7(c)(4)(C)

of the

Act

and

35

III. Adn-i. Code

732.606(hh)).

Please note that additional

information and/or

supporting documentation may be provided to demonstrate

the costs

are reasonable,

-

The Agency believes that the previously approved budget contains sufficient

allowance

•

to

include the

work in

this amendment.

2.

Costs

related to activities, materials, or services not

necessary to

stop, minimize,

eliminate, or clean up

a release ofpetroleum or its effects in accordance with the

minimum requirements ofthe Act and regulations are ineligible

for payment

from the

Fund (35

III. Adm. Code 732.606(y)).

This cost is not a corrective action cost.

“Corrective action”

means an activity associated with compliance

with the provisions of

-

Sections

57.6

and 57.7

ofthe Act (Section 57.2

ofthe Act and

35

III. Adm.

Code

732.103).

One of the eligibility requirements for accessing the Fund

is that costs are

associated with “corrective action”

(Section

57.9(a)(7)

of the Act and

35111.

Adm. Code

732.505(c)).

The budget includes such costs.

The survey and development of a legal

description is not a corrective action.

JDB

---

Appeal Rights

An underground

storage tank owner or operator may appeal

this

final decision to

the

Illinois

Pollution

Control Board pursuant

to Sections

41) and

57.7(c)(4)(D) 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 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.

If the owner or

operator wishes

to receive a 90-day extension, a

written request that

includes

a statement of the

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 of an

appeal, please contact:

Dorothy Gunn.

Clerk

Illinois Pollution

Control Board

State of Illinois Center

100

West Randolph, Suite 11-500

Chicago,

IL

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

Post Office Box

19276

Springfield,

ifi

62794-9276

217/782-5544

---

ENGINEERING

201

W. Springfield Ave.,

Suite

300

P.O•

Box 140

Champaign.

Illinois 61824-0140

BUS•

(217) 352-6976

FAX (217) 356-0570

September 16,

2005

Illinois Environmental Protection Agency

Division of Legal

Counsel

1021

North Grand Avenue East

Post

Office

Box

19276

Springfield,

Illinois 62794-9276

RE:

IEPA Budget Amendment Determination

LPC #0530255021

—

Ford County

Paxton/Eaves Auto Repair

538 South Railroad Avenue

LUST Incident #941235

Dear Sir/Madam:

2017 Charleston Ave•

Mattoon.

Itlinois 61938

BUS

(217) 234-2203

FAX (217) 234-2299

wv~bdc-eng.

corn

On

behalf of

Mr.

Joseph

Eaves,

HDC

Engineering

is requesting

an

extension

to

file

an

appeal

regarding

the

recent

IEPA

LUST

budget

amendment

denial

for

the

above

referenced

site.

The IEPA

LUST Section

issued

its

final

decision

regarding the

budget

amendment

on

August

29,

2005.

A

90-day extension

for filing

an

appeal

is requested

and a copy of

pertinent correspondence is enclosed for your review.

HDC appreciates

your time

and

consideration

of this matter.

If you

have any questions

or comments you would

like

addressed,

I

can be contacted at (217) 352-6976.

Respectfully,

Paul

L.

Fish

Environmental Professional

cc:

File

Enclosure

RECEIVED

Division

of

Legal

Counsel

SEP

192005

Environmental Protection

EIBIT

Agency

---

CERTIFICATE OF SERVICE

I,

the undersigned attorney

at law,

hereby certify

that

on

September

29,

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:

Dorothy M.

Gunn, Clerk

Paul

L. Fish

illinois Pollution Control Board

HDC Engineering

James

R. Thompson Center

201

West Springfield Avenue

100 West Randolph

Street

Suite 300

Suite

11-500

P.O. Box

140

Chicago, IL 60601

Champaign, IL

61824-0140

ILLiNOIS ENVIRONMENTAL PROTECTION AGENCY,

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counse~l

1021

North Grand Avenue, East

P.O.

Box

19276

Springfield,

Illinois 62794-9276

217/782-5544

217/782-9143

(TDD)