RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOA
Pollution
NATE
JUN 0
OF
Control
6
ILLINOIS
2007
Board
GATEWAY FS, INC .,
)
Petitioner,
)
V .
)
PCB 07- I
(LUST
A1JPeal - Ninety Day
ILLINOIS ENVIRONMENTAL PROTECTION )
Extension)
AGENCY,
)
Respondent .
)
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 ENVIRONMENTAL PROTECTION AGENCY
James G.
ich
Special Assistant Attorney General
Dated
: June 1, 2007
1021 North Grand Avenue East
P.O
. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
THIS FILING IS SUBMITTED ON RECYCLED PAPER
GATEWAY FS, INC .,
)
Petitioner,
)
v.
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent
.
)
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN 0 6 2007
Pollution
STATE OF
ControlILLINOISBoard
PCB
(LUST
NoAppeal
. 07-
-~~Ninety
Day Extension)
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 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
September 7, 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 :
1 .
On May 2, 2007, the Illinois EPA issued a final decision to the Petitioner
.
2
.
On May 31, 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 May 5, 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
James
son
Special Assistant Attorney General
Dated : June 1, 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
I
MAY-31-200? 15 :39
DLC LEGPL
May .31 . 2007
3 :40PM
THE SHARP LAW FIRM
PC
e
P .08/11
No . 2149
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. 3/6
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
- -7D
1021
NORTH GRANO AVENUE EAST, P .O . Box
19276, SPRINOEla0, ILLINOIS 62794.9276-( 217) 782-3397
JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11 .300, CHICAGO, IL 60601 -
(312) 8146026
Roo,R. BLAGO)EVICH, GOVERNOR
217/782-6762
DOUGLAS
P
. SCOTT, DIRECTOR
RECEIVED
MAY 0 2 2001
.
0. 41N?
BY'
Gateway FS Inc .
Attention: Greg Birchler/Southwest Bank/Commercial Lending
Jennifer Vescogni-Acct . #0032713725
#2
Carlyle Plaza Drive
Belleville, Illinois 62221
Re:
LPC #1570405003 -- Randolph County
Prairie
DES
Rocher/Gateway FS Inc.
"C'r Avenue
Leaking UST Incident No . 20000027
Leaking UST FISCAL FILE
Dear Mr. Birchler :
CERTIFIED MAIL #
7004
2510 0001 86ca3 5709
The Illinois Environmental'Ptotection 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 December 29, 2006 and was received
by the Agency on January 3, 2007 . The application for payment covers the period from July 1,
2006 to NOvembor 25, 2006. The amount requested is $80,073 .20,
The deductible amount for this claim is $10,000 .00, which was previously deducted from the
billing submittal received by the Agency on May 2, 2001 for .$9,102.39
and September 5, 2003
for $30,725 .15. There are coats ft= this claim that are not eing paid Listed in Attachment A
are the costs that are not being paid and the reasons these costs are not being .paid.
On January 3, 2007, 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 $78,479 .01 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/art 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) 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(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,
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MRY-31-2007 15 :39
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.31 . 2001
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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 3'5-day appeal period If the
applicantwishes
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' 627949276
217/782-5544
If you have any questions or require further assistance, please contact Nlkl Weller
of my
staff at 2171782-6762.
DJE. Oakley, Manager
Leaking UST Claims Unit
Planning & Reporting Section
Bureau of Land
DEO:NW:bjh107243I
.doc
Attachment
cc
:
United Science Industries
MAY-31-2007 15 :40
DLC LEGAL
May.31
. 2007
3:41PM
THE SHARP LAW FIRM PC
1.
Re:
LPC #1570405003 - Randolph County
Prairie Du Rocher/Gateway FS Inc.
"C" Avenue
Leaking UST Incident No
. 20000027
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
Attachment A
Accounting Deductions
P .10/11
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.2149
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$1,579.90,
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
there is no supporting documentation of costs, the Illinois EPA cannot determine that
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 corrective action costs for analysis that are not reasonable as submitted .
Such costs are ineligible for payment from the Fund pursuant to Section 57.7(c)(4)(C) of
the Act and 35 I11.'Adm, Code 732 .606(hh)
.
A deduction is being'made in the amount of $1,477 .07 from the Analysis costs . The
claim contained lab reports from Prairie Analytical for analysis work that suggests the
work was done by their company.,
If the work was done by Prairie Analytical please
provide an invoice with dates the work was done and the amounts charged .
If the Analytical work was done by USI, to our knowledge USI is not an accredited lab .
35 Ill. Adm
. Code 732.106
35 Ill. Adm
. Code 732 .606(1)
35 Ill
. Adm
. Code 732 .606(a)
A deduction is being made in the amount of $102
.83 from the Field Purchases and Other
Costs
. The costs are for shipping costs . A receipt is necessary .
$189.07,
deduction for costs associated with free product removal, site investigation or
corrective action
. The billings submitted exceed the approved budget amounts. The
Illinois EPA is unable to approve' billings that exceed the approved budget amounts
MAY-31-2007
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pursuant to Section 57 .8(a)(1) of the Act and 35 111
. Adm
. Code 732
.601(g) and
732.606(m)
.
Also, $189• .07 (analysis) included in the above deduction . This'amount is over the
approved budget amount .
3.
$14.29, deduction for corrective action costs for handling charges on permits that are not
reasonable as submitted . Such costs are ineligible for payment from the Fund pursuant to
Section 57 .7(c)(4XC) of the Act and 35111. Adin. Code 732 .606(hh).
The Agency does not pay handling charges on permits .
13EO:NW:bjh072432
.doc
TOTAL P
.11
r
ames G . ichardson
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 June 1, 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
