REC E
OFFICE
IVE
D
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
SEP I B
2006
)
STATE OF ILLINOIS
.
BFREY ENTERPRISES, INC
Pollution
Control Board
Petitioner,
)
v .
)
PCB 07- I
(LUST Appeal -Ninety Day
ILLINOIS ENVIRONMENTAL PROTECTION
)
Extension)
AGENCY,
)
Respondent .
)
NOTICE
Dorothy Gunn
Jim Kirkland
Clerk
United Science Industries, Inc .
Illinois Pollution Control Board
P
.O
. Box 360
100 West Randolph Street, Suite 11-500
Woodlawn, Illinois 62898
Chicago, Illinois 60601-3218
PLEASE TAKE NOTICE that I have today caused to be filed a REQUEST FOR NINETY
DAY EXTENSION OF APPEAL PERIOD with the Illinois Pollution Control Board,
copies of
which are served upon you
.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
/
.9
James G .
ardson
Special Assistant Attorney General
Dated : September 14, 2006
1021 North Grand Avenue East
P.O . Box 19276
Springfield, Illinois 62794-9276
217/782-5544
THIS FILING IS SUBMITTED ON RECYCLED PAPER
CLERK EoV
IEp
SEP
1 8 2006
Pollution
STATE OF
Control
ILLINOISBoard
FREY ENTERPRISES, INC .
)
Petitioner,
)
v.
)
PCB No . 07- ~
(LUST Appealeall - Ninety Day Extension)
ILLINOIS ENVIRONMENTAL
)
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, James G . Richardson, Special Assistant Attorney General, and,
pursuant to Section 40(a)(1) of the Illinois Environmental Protection Act (415 ILCS 5/40(a)(1))
and 35 111. 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
December 21, 2006, or any other date not more than a total of one hundred twenty-five (125)
days from the date of receipt of the Illinois EPA's final decision
. In support thereof, the Illinois
EPA respectfully states as follows :
1 .
On August 16, 2006, the Illinois EPA issued a final decision to the Petitioner
concerning a request for payment of $1,109 .60.
2 .
On August 31, 2006, 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 to join in
requesting that the Board extend the thirty-five day period for filing a petition by ninety days
.
Upon information and belief the Petitioner did receive the final decision on August 18, 2006
.
I
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
.
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,
oi
ILLINOIS
z
mes G
. RichardsonENVIRONMENTAL
PROTECTION AGENCY
pecial Assistant Attorney General
Dated: September 14, 2006
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
THIS FILING IS 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 . BLAGOJEVICH, GOVERNOR
DOUGLAS P . SCOTT, DIRECTOR
217/782-6762
AUG
1 6 2006
Frey Enterprises, Inc .-
Attn
: Joe Frey
c/o Southwest Bank/Commercial Lending
Jennifer Vescogni-Acct . #0032713725
#2 Carlyle Plaza Drive
Belleville, Illinois 62221
Re:
LPC #1630355027 -- St. Clair County
Dupo/Frey Enterprises, Inc .
308 North Main
Leaking UST Incident No . 990897
Leaking UST FISCAL FILE
Dear Mr . Frey
:
The Illinois Environmental Protection Agency has completed the review of your application for
payment from the Underground Storage Tank Fund for the above-referenced Leaking UST
incident pursuant to Section 57 .8(a) of the Illinois Environmental Protection Act (Act), and 35
111 . Adm. Code 732, Subpart F . This information is dated May 6, 2006 and was received by the
Agency on June 13, 2006 . The application for payment covers the period from February 1, 2006
to April 15, 2006 . The amount requested is $1,109 .00.
The deductible amount for this claim is $15,000 .00, which was previously deducted from the
Invoice Voucher dated April 30, 2004 . The application for payment is being returned with this
letter. Listed in Attachment A are the costs which are not being paid and the reasons these costs
are not being paid .
On June 13, 2006, the Agency received your 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
ROOPORD- 4302 North Main Street, Rockford, IL 61103 -(815) 987-7760 • DES PLAINES -9511 W . Haroson St ., Des Plaines, IL 60016 - (847) 294-4000
ELGIN-595 South State, Elgin, IL 60123-(847) 608-3131
• PEORIA- 5415 N . UniversltySt ., Peoria, 11_61614 -(309) 693-546)
.
BUREAU Or LAND -
PEORI-'- 7620 N . University St
., Peoria, IL-61614-(309) 693-5462 • CHAMPAIGN- 2125 South First Street, Champaign,
I&1820-
(217) 278-5800
SEeINCIELD-4500 S . Sixth Street Rd, Springfield, IL 62706 - (217) 786-6892
• COLLINSVILLE-2009 Mall Street, Collinsville, IL 62234-(618) 346-5120
MARION- 2309 W . Main St ., Suite 116, Marion, IL 62959 - (618) 993-7200
PRINTED ON RECVCLEO PAPER
1
WG'l
;1 ;
--,iC-
.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
A U
a 1 8 RECD
CERTIFIED MAIL #
7204 2510 0001
8587 5012
Page
2
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 or Chris Covert of the technical staff at
217/782-6762 .
Dou
E . Oakley, Manager
Leaking UST Claims Unit
Planning & Reporting Section
Bureau of Land
DEO :SB :mls\061467 .doc
Attachment
cc :
United Science Industries
Re :
LPC #1630355027 -- St
. Clair County
Dupo/Frey Enterprises, Inc .
308 North Main
Leaking UST Incident No
. 990897
Leaking UST FISCAL FILE
The enclosed billing(s) were submitted for review utilizing the Agency Budget/Billing forms
dated February 1999
. The Budget associated with the billing(s) was approved utilizing the
Agency Budget/Billing forms dated March 1, 2006
. Please re-submit your billing(s) utilizing the
Agency
IAC Section
Budget/Billing
732 .601(a))forms
dated March 1, 2006
. (Section
57
.8(a)(6)(B) of the Act and 35
For these costs to be considered for reimbursement, the costs will need to be resubmitted
utilizing the new Budget and Billing Forms (March 1, 2006), under the Free Product Removal
Budget approved June 23, 2006 for $28,693
.25 .
SB :mls\061468 .doc
ATTACHMENT A
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on September 14, 20061 served true and
correct copies of a REQUEST FOR NINETY DAY EXTENSION OF APPEAL PERIOD by first
class mail of the United States Postal Service upon the persons as follows
:
Dorothy Gunn
Jim Kirkland
Clerk
United Science Industries, Inc .
Illinois Pollution Control Board
P.O. Box 360
100 West Randolph Street, Suite 11-500
Woodlawn, Illinois 62898
Chicago, Illinois 60601-3218
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
mes G
. Richardson
ecial 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)
THIS FILING IS SUBMITTED ON RECYCLED PAPER
