C)
I G I NA L
RECEIVEDCLERK'S
OFFICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
JAN
1 3 2006
STATE OF ILLINOIS
ARLYN'S SERVICE CENTER,
)
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
John 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
ORIGINAL
Petitioner,
)
V .
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent
.
)
ARLYN'S SERVICE CENTER,
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 13, 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
:
1 .
On December 7, 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 9, 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
.
I
RECEIVED
JAN 1 3 2006
Pollution
STATE OF
Control
ILLINOISBoard
PCB No
. 06-
(LUST Appea1 -J0
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
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 . BLAGOIEVICH, GOVERNOR
DOUGLAS P . SCOTT, DIRECTOR
217/782-6762
CERTIFIED MAIL #
07-0 0 7 2005
7004 2510 2001 8648 6316
Arlyn Fisk Service Center
Attn: Arlyn
1154 North Bradfordton Road
Springfield, IL 62711
Re:
LPC #1570355006 -- Randolph County
Percy/Arlyn's Service Center
210 East Pine
LUST Incident No . 20050237
LUST FISCAL FILE
Dear Mr. Fisk :
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 6, 2005 and was received by the Agency on
July 19, 2005 . The application for payment covers the period from February 15, 2005 to May
27, 2005 . The amount requested is $20,410 .10 .
The deductible amount to be assessed on this claim is $10,000
.00. Listed in Attachment A are
the costs that are not being paid and the reasons these costs are not being paid
.
On July 19, 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 cannot be prepared for
submission to the Comptroller's office 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 .
An underground storage tank owner or operator may appeal this final decision to the Illinois
Pollution Control Board (Board) pursuant to Section 57
.8(1) 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
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
ROCKFORD-4302 North Main Street, Rockford, IL 61103-(815)
Harrlson St ., Des Plaines, IL 60016 -(847) 294-4000
ELGIN- .595 South State, Elgin, IL 60123-(847) 608
'rty St ., Peoria, IL 61614-(309) 693-5463
BUREAU Or
LAND-PEORIA-7620 N . University St ., Peoria, IL 61614-I
25 South First Street, Champaign, IL 61820-(217) 278-5800
SPRINGFIELD -4500 S . Sixth Street Rd ., Springfield, IL 62706-(2
Mall Street, Collinsville, IL 62234 -(618) 346-5120
MARION
- 2309 W . Ma'
18) 993-7200
Page 2
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 Eric Kuhlman of
Harry Chappel's staff at 217/782-6762 .
Dou
E. Oakley, Manager
LUST Claims Unit
Planning & Reporting Section
Bureau of Land
DEO :CSE:me\050241 .doc
Attachment
cc:
Environmental Management, Inc .
Re: LPC #1570355006 -- Randolph County
Percy / Arlyn Fisk's Service Center
210 East Pine Street
LUST Incident No . #20050237
LUST Fiscal File
Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois
Administrative Code (35 111 . Adm. Code).
Item #
Description of Deductions
1 .
None of the costs incurred from 2/15/2005 to 5/27/2005, are eligible for
reimbursement . Since these costs are unreasonable as submitted. (Section
57 .7(c)(4)(C) of the Act and 35 111 . Adm. Code 732 .606(hh))
The Illinois EPA cannot determine whether a release occurred, prior to those activities
performed on 9/26/2005 . As such, none of the costs incurred prior to 9/26/2005, are
eligible for reimbursement, since a petroleum release cannot be confirmed based solely
on PID readings
.
2.
$831 .50, adjustment in the handling charges due to the deduction(s) of ineligible costs
(Section 57 .8(f) of the Act and 35 Ill . Adm. Code 732 .607) .
The handling charges incurred by ECS are denied, since the invoices submitted require
further time and personnel itemization (i.e. breakdown) . Therefore, the Illinois EPA
will require additional invoices be submitted from EMI and ECS with the following
information: employee names, hourly rates, dates, and hours worked .
EK:EK\
Attachment A
Technical Deductions
ENVIRONMENTAL
MANAGEMENT, INC.
Coroorete Office
Chiceeo Office
1154 N . Bradfordton Rd . • Springfield, IL 62711
8522 Thistlewood Ct . • Darien, IL 60581
217/726-9468 • 217/726-9472 (Fax)
630/654-3333 • 630/910-6055 (Fax)
E mail : envmgnt@aol .co m
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 # 1570355006 -- Randolph County
Percy/Arlyn's Service Center
210 East Pine
LUST Incident #20050237
Dear Mr
. Kim :
On behalf of our client, Arlyn's Service Center, Environmental Management, Inc
. (EMI) requests
this
a
decision
90-day
submittalextension
in this
.
matter
to file
was
an
received
appeal with
on December
the Illinois
9, 2005Pollution
. A copy
Control
of this
Boarddecision
. The Agency's
is included
finalwith
Should
Thank youyou .
have any questions or require anything further, please contact me at (217) 726-9468
.
N
Joel C
. Andrews
President
Environmental Management, Inc .
JCA:ja
Enclosure
11
V2
1
EXHIBIT
IRP(%
rDl
DEC 1 4 2005
SECURITY DESK
ORIGINAL
RECEIVEDCLERK'S
OFFICE
CERTIFICATE OF SERVICE
JAN 1 3 2006
STATE OF ILLINOIS
I, the undersigned attorney at law, hereby certify that on January 11, !W
lbu,hPgsesP&irflMoard
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,
Respon
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)
