RECEIVED
CLERK'S
OFFICE
MAY 0 9 2007
STATE OF
11
1 1&1
CITY OF GRANITE CITY,
)
Pollution CControl Board
Petitioner,
)
v.
)
PCB No . 07- '
0
ILLINOIS ENVIRONMENTAL
)
(LUST Appeal -
Ninety Day Extension)
PROTECTION AGENCY,
)
Respondent .
)
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
NOTICE
Dorothy M . Gunn, Clerk
Douglas L
. Abeln
Illinois Pollution Control Board
Schreiber Yonley & Associates
James R . Thompson Center
16252 Westwoods Business Park Drive
100 West Randolph Street
Ellisville, MO 63021
Suite 11-500
Chicago, IL 60601
Mark F. Milward, R .G.
Schreiber Yonley & Associates
16252 Westwoods Business Park Drive
Ellisville, MO 63021
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
Melanie A. Jarvis
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
: May 7, 2007
BEFORE THE POLLUTION CONTROL BOARD
RECEIVED
CLERKS OFFICE
OF THE STATE OF ILLINOIS
MAY 0 9 2007
CITY OF GRANITE CITY,
)
STATE OF ILLINOIS
Petitioner,
)
Pollution Control Board
v.
)
PCB No . 07-
110
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, Melanie A
. Jarvis, 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 July 18, 2007, or any other date not more than a total of one hundred twenty-five
(125) days from the date of service of the Illinois EPA's final decision
. In support thereof, the
Illinois EPA respectfully states as follows :
1 .
On April 13, 2007, the Illinois EPA issued a final decision to the Petitioner
.
(Exhibit A)
2 .
On May 1, 2007, 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
. This request
was received on by the Illinois EPA on May 3, 2007
. Tracking information from the Certified
Mail number on the final decision indicates the final decision was received on April 19, 2007
.
(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 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
Melanie A . Jarvis
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: May 7, 2007
This filing submitted on recycled paper .
2
A
1021 NORTH GRAND AVENUE EAST, P .O . Box
19276, SPRINGFIELD, ILLINOIS 62794-9276-( 217) 782-3397
JAMES R . THOMPSON CENTER, 100 WEST RANDOLPH, SUITF
11-300, CHICAGO, IL 60601 -(31 2) 814-6026
ROD R . BLAGO)EViCH, GOVERNOR
DOUGLAS P . SCOTT, DIRECTOR
217/782-6762
APR
1 3 2007
_449
7
City of Granite City
Attn : Douglas L. Abeln
c/o Schreiber Yonley & Associates
217 Wolfner Dr .
Fenton, Missouri 63026
Re:
LPC #1190405068 -- Madison County
Granite City/City of Granite City
2300 Madison Avenue
Leaking UST Incident #911147
Leaking UST FISCAL FILE
Dear Mr . Abeln :
The Agency has completed the review of the request for reimbursement of corrective action costs
from the Illinois Underground Storage Tank Fund for the above-referenced facility
. The invoices
reviewed covered the period from March 4, 2002 to September 16, 2005
. The amount requested
was $56,848
.04.
The deductible amount for this claim is $10,000
.00, which was previously deducted from the
Invoice Voucher dated May 19, 1994
. Listed in Attachment A are the costs which are not being
reimbursed from this request and the reasons these costs are not being reimbursed
.
On March 27, 2006, the Agency received your complete request for payment for this claim
. As a
result of the Agency's review of this claim, a voucher for $37,987
.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 claim
. Subsequent claims
that have been/are submitted will be processed based upon the date complete subsequent billings
requests are received by the Agency .
This constitutes the Agency's final action with regard to the above invoices
. An underground
storage tank owner or operator may appeal this final decision to the Illinois Pollution Control
Board (Board) pursuant to Section 22
.18b(g) and Section 40 of the Act by filing a petition for a
ROCKFORD-4302 North Main Street, Rockford, IL 61103 - (815) 987-7760
• DES PLAINES-9511 W- Harrison St ., Des Plainer, II 60016 - (847) 294-4000
FLCIN-595 South State, E I gin, I L 60123 - (847) 608-3131
• PEORIA-5415 N- University St .,Peoria,IL61614-(309)693-5463
BUREAU OF LAND-PEORIA-7620 N . University St ., Peoria, IL 61614
- (309) 693-5462 • CHAMPAIGN-2125 South First Street, Champaign, It . 61820 (217) 278-5800
SPRINGIUD-4500 S . Sixth Street Rd ., Springfield, IL 62706
- (217) 786-6892
•
CouINSwLLE-2009 Mall Street, Collinsville, IL 62234 .
. (618) 346-5120
MARION-2309 W . Main St ., Suite 116, Marion, IL 62959 - (618) 993-7200
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
CERTIFIED MAIL
7004 2510 0001 8622 9838
PRINTED ON RECYCLED PAPER
EX1+1B1-r A
Page 2
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 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 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, please contact Theresa
Sitton of my staff or Brian Bauer of the
technical staff at 217/782-6762 .
D
s E. Oakley, Manager
Leaking UST Claims Unit
Planning & Reporting Section
Bureau of Land
DEO :TS
:mls\072978 .doc
Attachment
cc:
Schreiher Yonley & Associates
Re :
LPC #1190405068 -- Madison County
Granite City/City of Granite City
2300 Madison Avenue
Leaking UST Incident #911147
Leaking UST FISCAL FILE
Item #
Description of Deductions
TS:mls\072979
.doc
Attachment A
Accounting Deductions
$21 .38, deduction for an adjustment in Handling Charges of greater than the allowed
Sliding Scale (Section 22 .1 8b(i)(2) of the Environmental Protection Act),
Handling charges cut to the sliding scale for the reimbursement claim .
2.
$245 .55, deduction for costs which are not for Corrective Action activities (Section
22 .18(e)(1)(C) and 22 .18b(a)(3) of the Environmental Protection Act) .
$233 .75 Schreiber, Yonley & Associates billing period March 4, 2002-January 29,
2003 Project Verification Development, and $11 .80 billing period July 14, 2004-
December 22, 2004 FOIA request .
$165.20, deduction for costs associated with seeking reimbursement from the
Underground Storage Tank Fund (Section 22 .18(e)(1)(C) and 22 .18b(a)(3) of the
Environmental Protection Act) .
Schreiber, Yonley & Associates $165 .20 billing period July 14, 2004-December 22,
2004 reimbursement .
4.
$212.40,
deduction for costs submitted for budget .
Schreiber, Yonley & Associates billing period December 1, 2003-January 30, 2004
budgets are not required for 731 "Old Program" and therefore, are not eligible for
reimbursement .
Re:
LPC #1190405068 -- Madison County
Granite City / Granite City Fire Department
2300 Madison Avenue
LUST Incident No . 911147
LUST FISCAL FILE
Item #
Description of Deductions
1 .
$389.40, deduction for costs which are not for Corrective Action activities (Section
22 .18(e)(1)(C) and 22
.18b(a)(3) of the Enviroranental Protection Act) .
2.
$330.40, deduction for costs associated with seeking reimbursement from the
Underground Storage Tank Fund (Section 22 .18(e)(1)(C) and 22
.18b(a)(3) of the
Environmental Protection Act) .
3 .
$17,796.31, deduction for costs that lack supporting technical documentation as the
owner or operator failed to demonstrate that the costs are for corrective action
performed in accordance with the plans approved by the Agency (Section
22 .18b(d)(4)(F) of the Environmental Protection Act) .
Technical documentation has not been submitted to the IEPA since the report dated
June 7, 2004 therefore, costs incurred after this report lack supporting technical
documentation .
BPB\
Attachment A
Technical Deductions
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST
. PO . Box 19276
SPRINGFIELD, ILLINOIS 62794-9276
b3G26#2tO1-T1 0022
CERTIFIED MAIL
.
City of Granite City
c/oSchreiber Yonley & Assoc
271 Wolfner Dr
Fenton MO 63026
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5/7/2007
SCHREIBER
YONLEY
ASSOCIATES
ENVIRONMENTAL ENGINEERS
0
May 1, 2007
Illinois Environmental Protection Agency
Division of Legal Counsel
Attn: Mr. Bill Ingersoll
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
RE : Petition For Illinois Storage Tank Fund Appeal 90-Day Extension
LPC #1190405068 - Madison County
Granite City/City of Granite City
LUST Incident #911147
Dear Mr . Ingersoll,
On behalf of the City of Granite City, Illinois, Schreiber, Yonley & Associates hereby requests a
90-day extension to file an Illinois Storage Tank Fund appeal for the above-referenced site .
Based on the Illinois Environmental Protection Agency's final decision, contained in their April
13, 2007 correspondence, $37,987 .40 was approved for reimbursement out of $56,848
.04 that
was originally requested. The City of Granite City and Schreiber, Yonley & Associates are
contesting the IEPA's decision to deny costs that we believed were legitimately incurred and
legally reimbursable
. If you have questions, or desire further information, please contact the
undersigned at (636) 256-7200 .
Sincerely,
SCHREIBER, YONLEY & ASSOCIATES
16252 Westwoods Business Park Drive
Ellisville, Missouri 63021
636/256-7200 • Fax 636/256-7202
www.perina-fix.com/sya
Mark F. Milward, R .G .
Senior Engineer
MFM:bah
Attachment
: IEPA April 13, 2007 Letter
X :\GCFH\020I I6\Reimb appeal deadline request .doc
A SUBSIDIARY OF PERMA-FIX ENVIRONMENTAL, SERVICES, INC .
Division
RECEIVED
of Legal Counsel
MAY 0 3 2007
Environmental
Protection
Agency
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on May 7, 2007, 1 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 postage affixed thereto, upon the following named persons :
Dorothy M . Gunn, Clerk
Douglas L . Abeln
Illinois Pollution Control Board
James R
. Thompson Center
Schreiber Yonley & Associates
16252 Westwoods Business Park Drive
100 West Randolph Street
Ellisville, MO 63021
Suite 11-500
Chicago, IL 60601
Mark F. Milward, R.G
.
Schreiber Yonley & Associates
16252 Westwoods Business Park Drive
Ellisville, MO 63021
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
Melanie A. Jarvis
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)
