ORIGINAL
RECEIVED
CLERK'S
OFFICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
JAN 1 3 2006
STATE OF ILLINOIS
VIC KOENIG CHEVROLET,
)
Pollution Control Board
Petitioner,
)
V .
)
PCB No. 06-
ILLINOIS ENVIRONMENTAL
)
(LUST Appeal - Ninety Day Extension)
PROTECTION AGENCY,
)
Respondent .
)
NOTICE
Dorothy M. Gunn, Clerk
Joel C. 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
O
VIAP
A
L
John
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
O R
I G
BEFOkTHE POLLUTION CONTROL BOARD
VIC KOENIG CHEVROLET,
)
Petitioner,
)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent
.
RECEIVED
CLERK'S OFFICE
OF THE STATE OF ILLINOIS
JAN 1 3 2006
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 . In support thereof, the Illinois EPA
respectfully states as follows
:
On December 12, 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 13, 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
.
1
STATE OF ILLINOIS
Pollution Control Board
PCB No. 06-
(LUST Appeal - Ninety Day Extension)
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
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: January 11, 2006
This filing submitted on recycled paper
.
2
217/782-6762
CERTIFIED MAIL #
DEC 12 2805 7004 2510 0001 8648
6521
Vic Koenig Chevrolet
Attn: Environmental Management
1154 North Bradfordton Road
Springfield, Illinois 62707
Re :
LPC #0770155012 -- Jackson County
Carbondale/Vic Koenig Chevrolet, Inc
.
1040 East Main Street
LUST Incident No. 950153
LUST FISCAL FILE
Dear Mr. Koenig :
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 July 31, 2005 and was received by the Agency
on August 10, 2005. The application for payment covers the period from August 26, 2004 to
August 4, 2005. The amount requested is $170,680 .12 .
The deductible amount for this claim is $10,000 .00. The costs from the claim received by the
Agency on April 22, 1996; $5,189.06 were applied to the deductible. The balance of the
deductible; $4,810.94 was deducted from the claim received by the Agency on March 3, 2005 for
$28,467.60. Listed in Attachment A are the costs which are not being paid and the reasons these
costs are not being paid
.
On August 10, 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 $163,647 .50
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
ROCKFORD-4302 North Main Street, Rockford, L 61103-(81
ELGIN-595 South State, Elgin, IL 60123-(847)
BUREAU or LANE)- PEORIA-7620 N . University St., Peoria, IL 61614
SPRINGFIELD-4500 S . Sixth Street Rd., Springfield, IL 62706-
MAwUN-2309 W.
EXHIBIT
k
I
1 W. Harrison St ., Des Plaines, IL 60016 - (847) 294-4000
'ersity St., Peoria, IL 61614-(309) 693-5463
2125 South First Street, Champaign, IL 61820 - (217) 278-5800
2009 Mall Street, Collinsvllle, IL 62234-(618) 346-5120
-(618) 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 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:mls\050223.doc
Attachment
cc
:
Environmental Management, Inc
.
Re :
LPC #0770155012 -- Jackson County
Carbondale/Vic Koenig Chevrolet, Inc
.
1040 East Main Street
LUST Incident No . 950153
LUST FISCAL FILE
Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois
Administrative Code (35 Ill. Adm. Code) .
Item #
Description of Deductions
1 .
$7,032.62, deduction for costs which are unreasonable as submitted. (Section
57.7(c)(4)(C) of the Act and 35 Ill. Adm. Code 732.606(hh))
Handling charge is being denied due to contractor (Environmental Management)
having a person with a direct or indirect financial interest in the subcontractor
(Environmental Control Systems) . Since Environmental Management, Inc. and
Environmental Control Systems, LLC are both owned by the same entity, it is the
Agency's position that handling charges are not warranted .
CSE:mls\050224.doc
Attachment A
Accounting Deductions
ENVIRONMENTAL MANAGEMENT, INC.
Cocoon Office
Chicepo Office
1154 N. Bradfordton Rd
. • Springfield, 162711
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 #0770155012 -- Jackson County
CarbondaleNic Koenig Chevrolet
1040 East Main Street
LUST Incident #950153
Dear Mr. Kim
:
On behalf of our client, Vic Koenig Chevrolet, 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 13, 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
.
I
Joel C. Andrews
President
Environmental Management, Inc
.
JCA:ja
Enclosure
G
.
;
2005
, $E~vi~Il Y D 'ESri!
ORIGINAL
CERTIFICATE OF SERVICE
RECEIVED
CLERIC'S OFFICE
JAN 1 3 2005
STATE OF
ILLINOIS
Pollution Control Board
I, the undersigned attorney at law, hereby certify that on January 11, 2006, 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
Joel C. 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,
Re
..:. :~
A'
~~
John J. 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)
