RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY 2 4 2007
RUTH OIL COMPANY,
Pollution
STATE OF
Control
ILLINOISBoard
Petitioner,
)
v .
)
PCB 07-
(LUST A eal
- Ninety Day
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
Respondent
.
)
James G. Richardson
Special Assistant Attorney General
Dated: May 22, 2007
1021 North Grand Avenue East
P.O
. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
NOTICE
Dorothy Gunn
Mandy L
. Combs
Clerk
The Sharp Law Firm, P .C.
Illinois Pollution Control Board
P.O . Box 906
100 West Randolph Street, Suite 11-500
Mt
. Vernon, Illinois 62864
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 ENVIRO ENTAL PROTECTION AGENCY
Extension)
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY 2 4 2007
STATE OF ILLINOIS
RUTH OIL COMPANY,
)
Pollution Control Board
Petitioner,
)
v.
)
PCB
(LUST
NoAppeal-Ninety
. 07- ~
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
August 23, 2007, 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 :
I .
On April 18, 2007, the Illinois EPA issued a final decision to the Petitioner
.
2 .
On May 18, 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 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 April 20, 2007
.
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
0)v
James G. Richardson
Special Assistant Attorney General
Dated : May 22, 2007
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
e
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
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
10
/~ 9911l
e
Re:
LPC 41750205012
-- Stark County
Wyoming/Ruth Oil Express Mart
201 West Williams
Leaking UST Incident No
. 992831
Leaking UST FISCAL FILE
Dear Mr
. Pheiffer :
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
Ill. Adm. Code 732, Subpart F
. This information is dated September 7, 2006 and was received
by
1,
the
2006
Agency
to August
on September
25, 2006
.
26,
The
2006amount
. The
requested
application
is $72,820for
payment
.16.
covers the period from June
The deductible amount for this claim is $10,000 .00, which was previously deducted from the
billing submittal received by the Agency on April 25, 2000 for $61,793
.63. 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 September 26, 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 for $60,410 .86 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
applications) ff&payment .
BUREAU
ROCKFORD-4302or
LAND-
ELGIN
PEauA-7620North
-595Main
South
N .
Street,
State,
UniversityElgin,Rockford,St.,
IL
Peoria,
60123IL
61103
-IL
(847)
61614-
-(815)
608-3131(309)
987-7760693-5462
• PFoRIA-5415
• DES PUINES-
N .
9511
University
W .
Harrison
St ., Peoria,St
.,
IL
Des
61614-
Plaines,(309)
IL 60016-
693-5463(847)
294 .4000
•
SPRINGFIELD-4500 S . Sixth Street Rd ., Springfield, IL
62706 - (217) 786-6892 •
COLIINSVILLE-
CHWPAICN-21252009
Mall
South
Street,
First
Collinsville,Street,
Champaign,IL
62234-
IL 61820-
(618)
(217)
346-5120278-5800
MARION - 2309 W . Main St
., Suite 116, Marion, IL 62959-(618) 993-7200
PRINTED ON RECYCLED PAPER
217/782-6762
ROD R . BLAGOIEVICM 1
GOVERNOR
DOUGLAS P . SCOTT, DIRECTOR
RECEIVED
APR 1 8 2007
APR I C 2w7
CERTIFIED MAIL #
7004 2510
0001 8623 9653
BY:, rrx/44
Ruth Oil Express Mart
~96~il7 - b eas!~'~~i~ yoX ~~= d36s9/2V
Attention
: Mr. Cork Pheiffer
4"'
c/o Southwest Bank/Commercial Lending
1OLAIR
Jennifer Vescogni - Acct
. #0032713725
#2 Carlyle Plaza Drive
Belleville, Illinois 62221
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 or Jenni Rossi of the technical staff at 217/782-6762 .
Do
E. Oakley, Manager
Leaking UST Claims Unit
Planning & Reporting Section
Bureau of Land
DEO:SB:bjh\0727710. doe
Attachment
cc :
United Science Industries, Inc .
Re:
LPC #1750205012 -- Stark County
Wyoming/Ruth Oil
201 West Williams
Leaking UST Incident No . 992831
Leaking UST Fiscal File
Citations in this attachment are from the Environmental Protection Act (Act) in effect prior to
June 24, 2002, and 35 Illinois Administrative Code (35111 . Adm . Code).
Item # Description of Deductions
1 .
$2,146.29,
deduction for costs for personnel costs for building demolition that are
d
l is to assure that costs
associated technical
associated with materials, activities, and
l goals of the financial
review
services shall be
consistent with the associated technical plan
. Such costs are ineligible for payment from
the Fund pursuant to Section 57 .7(c)(4)(C) of the Act and 35111 . Adm
. Code 732 .505(c).
2.
$2,311 .63, deduction for costs for equipment costs for building demolition that are
inconsistent with the associated technical plan .
One of the overall goals of the financial
review is to assure that costs associated with materials, activities, and services shall be
?oj3~
consistent with the associated technical plan . Such costs are ineligible for payment from
the Fund pursuant to Section 57 .7(c)(4)(C) of the Act and 35 111
. Adm. Code 732 .505(c).
Attachment A
Technical Deductions
Re:
LPC #1750205012 -- Stark County
Wyoming/Ruth Oil Express Mart
201 West Williams
Leaking UST Incident No. 992831
Leaking UST Fiscal File
Citations in this attachment are from the Environmental Protection Act (Act) in effect prior to
June 24, 2002, and 35 Illinois Administrative Code (35 Ill . Adm. Code).
Item # Description of Deductions
1 .
$1,705 .27, deduction for costs that lack supporting documentation
. Such costs are
~~
ineligible for payment from the Fund pursuant to 35 Ill . Adm. Code 732.606(gg) . Since
d o 3y33
c
there
osts
will
not be used for activities in excess of those necessary tocannot the minimum
requirements of Title XVI of the Act ; therefore, such costs are not approved pursuant to
Section 57.7(c)(4)(C) of the Act because they may be used for corrective action activities
in excess of those required to meet the minimum requirements of Title XVI of the Act .
Analysis Costs : No invoice was provided for Prairie Analytical .
2.
$102.80, deduction for costs that lack supporting documentation
. Such costs are
P`o
ineligible for payment from the Fund pursuant to 35 111 . Adm. Code 732.606(gg) . Since
there is no supporting documentation of costs, the Illinois EPA cannot determine that
oj35
costs will not be used for activities in excess of those necessary to meet the minimum
requirements of Title XVI of the Act ; therefore, such costs are not approved pursuant to
Section
57.7(c)(4)(C) of the Act because they may be used for corrective action activities
in excess of those required to meet the minimum requirements of Title XVI of the Act .
Deduction for costs for sample shipping that are inconsistent with the associated
technical plan
. One of the overall goals of the financial review is to assure that costs
associated with materials, activities, and services shall be consistent with the associated
technical plan . Such costs are ineligible for payment from the Fund pursuant to Section
57.7(c)(4)(C) of the Act and 35 111 . Adm. Code 732 .505(c)
.
3 *0
40
$253.39, deduction for costs for VOA kits and Per Diem that are inconsistent with the
~
o
1
353''3,ia'I j
~1 , associated technical plan . One of the overall goals of the financial review is to assure
that costs associated with materials, activities, and services shall be consistent with the
0
associated technical plan. Such costs are ineligible for payment from the Fund pursuant
to Section 57.7(c)(4)(C) of the Act and 35 Ill. Adm. Code 732 .505(c).
Attachment A
Accounting Deductions
5 .
~ oj3.11~
Page 2
$0.10,
deduction for costs requested that are based on mathematical errors
. Such costs
are ineligible for payment from the Fund pursuant to 35 I11 . Adm. Code 732.606(ff). In
addition, such costs are not approved pursuant to Section 57.7(c)(4)(C) of the Act
because they are not reasonable
.
Deduction for total personnel costs
.
$2,127.43, deduction for costs for personnel costs that are inconsistent with the
associated technical plan. One of the overall goals of the financial review is to assure
that costs associated with materials, activities, and services shall be consistent with the
associated technical plan. Such costs are ineligible for payment from the Fund pursuant
to Section 57.7(c)(4)(C) of the Act and 35 Ill . Adm. Code 732 .505(c).
6.
$1,045 .00, deduction for costs for personnel costs for building demolition that are
inconsistent with the associated technical plan . One of the overall goals of the financial
da
review is to assure that costs associated with materials, activities, and services shall be
consistent with the associated technical plan . Such costs are ineligible for payment from
the Fund pursuant to Section 57 .7(c)(4)(C) of the Act and 35 Ill . Adm. Code 732 .505(c)
.
7.
$1,120.46, deduction for costs for equipment costs that are inconsistent with the
d o~5~a , a
thatco
costs associated plan
. One
activities, dsservicesof
the shall be
review
consistent with the
associated technical plan. Such costs are ineligible for payment from the Fund pursuant
to Section 57 .7(c)(4)(C) of the Act and 35 111 . Adm. Code 732 .505(c).
8 .
$1,500.43,
deduction for costs for construction debris disposal that are inconsistent with
oh
J
the associated technical plan
. One of the overall goals of the financial review is to assure
Krd
a
as4
that costs associated with materials, activities, and services shall be consistent with the
~5'}
0l5
Section 57
technical
of the Act and 35 Ill . Adm.fCode 732.505(c).
me Fund pursuant
to
9.
$96.50,
deduction for costs for permits that are inconsistent with the associated technical
plan. One of the overall goals of the financial review is to assure that costs associated
with materials, activities, and services shall be consistent with the associated technical
plan. Such costs are ineligible for payment from the Fund pursuant to Section
57.7(c)(4)(C)
of the Act and 35 111 . Adm
. Code 732.505(c).
$7,951 .38
Total Accounting Deductions
DEO:SB
:bjh\072771 I .doc
A9 015,
Jo
'- James
G. Richardson
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)
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on May 22, 2007 I 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
Mandy L. Combs
Clerk
The Sharp Law Firm, P.C
.
Illinois Pollution Control Board
P.O
. Box 906
100 West Randolph Street, Suite 11-500
Mt. Vernon, Illinois 62864
Chicago, Illinois 60601-3218
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
3
