JAN 1 3 2006

STATE OF ILLINOIS

GOODWIN MOBIL SERVICE,

)

Pollution Control

Board

Petitioner,

)

v.

)

PCB No . 06- .~

ILLINOIS ENVIRONMENTAL

)

(LUST Appeal

-

Ninety Day Extension)

PROTECTION AGENCY,

)

Respondent .

)

ORIGINAL

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

NOTICE

Dorothy M . Gunn, Clerk

Eric M

. Andrews

Illinois Pollution Control Board

Environmental Management, Inc .

James R . Thompson Center

1154 North Bradforton Road

100 West Randolph Street

Springfield, IL 62711

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 OF APPEAL PERIOD, copies of which

are herewith served upon you .

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

John J 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: January 11, 2006

RECEIVEDCLERKS

OFFICE

---

ORIGINAL

GOODWIN MOBIL SERVICE,

Petitioner,

V .

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent .

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

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 of the thirty-five (35) day period for petitioning for a

hearing to April 17, 2006, or any other date not more than a total of one hundred twenty-five

(125) days from the date of the Illinois EPA's final decision

. The 125`h day is April 16, 2006, a

Sunday, and the next business day is April 17, 2006 . In support thereof, the Illinois EPA

respectfully states as follows :

1 .

On December 8, 2005, the Illinois EPA issued a final decision to the Petitioner

.

(Exhibit A)

2

.

On December 13, 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 represented the final decision was received on December 12, 2005 . (Exhibit B)

1

RECEIVED

CLERK'S OFFICE

JAN 1 3 2006

PSTATE

ILLINOIS

PCB No. 06- ID1

(LUST Appeal - Ninety Day Extension)

---

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

John J. im

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: January 11, 2006

This filing submitted on recycled paper

.

2

---

217/782-6762

DEC

0 8 2005

Ms

. Muriel Goodwin

Goodwin Mobil Service

c/o Environmental Management, Inc

1154 N. Bradfordton Road

Springfield, 1162711

Re: LPC #1350455021 --

Montgomery County

Nokomis/Goodwin Mobil Service

112 North Spruce Street

LUST Incident No. 991407

LUST FISCAL FILE

Dear Ms. Goodwin

:

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 Section 57.8(a)

of the Illinois Environmental Protection Act (Act), and 35 Ill

. Adm.

Code 732, Subpart F

. This information is dated May 27, 2005 and was received by the Agency

on June 20, 2005

. The application for payment covers the period from January 13, 2005 to May

27, 2005

. The amount requested is $312,953

.34 .

The deductible amount for this claim is $10,000 .00

. Two separate letters were sent from the

Agency indicating that a portion of the deductible had been taken from each of the previous

packages

. The dates of the letters and the amounts applied to the deductible are March 19, 2004

($3,104.99)

and October 5, 2005 ($6,895.01)

. There are costs from this claim that are not being

paid

. Listed in Attachment A are the costs that are not being paid and the reasons these costs are

not being paid .

On October 27, 2005, the Agency received your complete application for payment for this claim

.

As a result of the Agency's review of this application for payment, a voucher for $217,696

.40

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 been/are 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

.

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 . BLAGOJEVICH, GOVERNOR

DOUGLAS P . SCOTT, DIRECTOR

CERTIFIED MAIL #

7004

2510 0001 8648 6378

9

ROCKFORD-4302 North Main Street, Rockford, IL 61103-(815) 9

. Harrison St

., Des Plaines, IL 60016-(847) 294-4000

ELGIN -595 South State, Elgin, IL 60123

- (847) 608-

EXHIBIT

ity St ., Peoria, IL 61614 - (309) 693-5463

BUREAU OF LAND - PEORIA -

7620 N . University St

., Peoria, IL 61614-(3

5 South First Street, Champaign, IL 61820- (217) 278-5800

SPRINGFIELD-4500 S. Sixth Street Rd

., Springfield, IL 62706-(21

9 Mall Street, Collinsville, IL 62234 -(618) 346-5120

MARION-2309 W . Main

b,

18) 993-7200

---

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 of the Act by filing a

petition for a hearing within 35 days after the date of issuance of the 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

applicant 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 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 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 Susan Brock of my

staff at 217/782-6762 .

Dou

E. Oakley, Manager

LUST Claims Unit

Planning & Reporting Section

Bureau of Land

DEO:SB :me\050234 .doc

Attachment

---

Re :

LPC

#1350455021 --Montgomery County

Nokomis/Goodwin Mobil Service

112 North Spruce Street

LUST Incident No . 991407

LUST Fiscal File

Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois

Administrative Code (35 Ill

. Adm. Code).

Item W

Description of Deductions

1 .

732$85,544.606(gg)).10,

.

deduction

Since there

for

is

costs

no supporting

that lack supporting

documentation

documentation

of costs, the

(35

Illinois

Ill

. AdmEPA

. Code

cannot determine that costs were not used for activities in excess of those necessary to

and

meet

35

the

Illminimum

. Adm.

requirements

Code 732 .606(o))of

Title

.

XVI of the Act (Section 57

.5(a) of the Act

1

.) Environmental

a.

Soil excavation,

Control Systems,transportation

LLC,

and

invoice

disposal#1079,

. Disposal

dated May

documentation

20, 2005

:

was

provided for only 2,281

.28 cubic yards ($56,923.20).

b

. Backfill material, transportation and placement

. Backfill documentation

was provided for only 1,867

.10 cubic yards ($28,620

.90)

2 .

$9,71257.7(c)(4)(C).84,

deduction

of the Act

for

and

costs

35 Illwhich

. Admare .

unreasonable

Code 732

.606(hh))as

submitted

. (Section

1

.) Environmental

a

. Handling charge

Management,

is being

Incdenied

., invoice

due to

#1108,

the contractor

dated May 27,

(Environmental2005

:

Management, Inc

.) having a person with a direct or indirect financial

interest in the subcontractor (Environmental Control Systems,

LLC). It is

the Agency's position that handling charges are not warranted

.

$95,256.94

Total Accounting Deductions

SB:me\050235

.doc

Attachment A

Accounting Deductions

---

ENVIRONMENTAL MANAGEMENT,

INC.

CorwraleOfce

Chk=o Office

1154 N . Bradtordton Rd . • Springfield, IL 62711

8522 Thistlewood Of. • Darien, IL 60561

217/726-9468 • 217/726-9472 (Fax)

630/654-3333 • 630/910-6055 (Fax)

Email : envmgnt@aol .com

December 13, 2005

Mr. John Kim

Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Ave

. East

Springfield, Illinois 62794-9276

Re :

LPC #1350455021 --Montgomery County

Nokomis/Goodwin Mobil Service

112 North Spruce Street

LUST Incident #991407

Dear Mr. Kim :

On behalf of our client, Goodwin Mobil Service, Environmental Management, Inc

. (EMI) requests

a 90-day extension to file an appeal with the Illinois Pollution Control Board

. The Agency's final

decision in this matter was received on December 12, 2005 . A copy of this decision is included

with this submittal.

Should you have any questions or require anything further, please contact me at (217) 726-9468 .

Thank you .

Sincerely,

Eric M. Andrews

Vice President

Environmental Management, Inc .

EMA :ea

Enclosure

EXHIBIT

RFCfl --

DEC 1 4 21

SECURITY l, _

---

O R I G I

N A L

RECEIVEDCLERK'S

OFFICE

CERTIFICATE OF SERVICE

JAN 1 3 2006

I, the undersigned attorney at law, hereby certify that on January

S'~~~ Fd

ILLIN

pE

OIS

ol(~tkih~

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

Eric M. Andrews

Illinois Pollution Control Board

Environmental Management, Inc .

James R

. Thompson Center

1154 North Bradforton Road

100 West Randolph Street

Springfield,

IL 62711

Suite 11-500

Chicago, IL 60601

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Reso0

p n

Joh

tm

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)