RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
J;_fN I ; 2007
STATE OF
ILLINOIS
RUSSELL OIL COMPANY, INC.,
)
Pollution Control Board
Petitioner,
)
v.
)
PCB
(LUST
07-Ap~eal 3
-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
ames G. Richardson
Special Assistant Attorney General
Dated: June 7, 2007
1021 North Grand Avenue East
P .O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD R E
CLERKS
C E I
OFFICE
V E D
ORIGINAL
JUN
112007
RUSSELL OIL COMPANY, INC
.,
)
Petitioner,
STATE
OF ILLINOIS
)
Pollution Control
Board
V .
)
PCB No. 07-
(LUST Appeal
- 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 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 13, 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 9, 2007, the Illinois EPA issued a final decision to the Petitioner
.
2.
On June 4, 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 11, 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 G
. Richardson
Special Assistant Attorney General
Dated
: June 7, 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
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
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, CHIGACO, IL 60601 - (312) 814-6026
217/782-6762
ROD R .
BLAGDJEvicH, GOVERNOR
Wy 0 9 2001 RECEIVED
MAY
1
1607
AttentionRussell
Oil
: Leon
CompanyRussell,
c/o
,A7/t
Jennifer
o
Vescogni
Southwest Bank - Acct. #0032713725
#2 Carlyle Plaza Drive
Belleville, Illinois 62221
Re: LPC #1990555168 -- Williamson County
Marion/Russell Oil Company
309 DeYoung St . Facility #7-010002
Leaking UST Incident No . 20030604
Leaking UST FISCAL FILE
Dear Mr. Russell:
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 December 12, 2006 and was received
by the Agency on December 14, 2006
. The application for payment covers the period from May
1, 2006 to October 7, 2006 . The amount requested is $3,391 .58.
The deductible amount for this claim is $10,000
.00, which was previously deducted from the
billing submittal received by the Agency on July 30, 2003 for $54,032 .10
. 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 December 14, 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 $3,015
.12 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
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(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,
ROCKFORD-4302 North Main Street, Rockford, IL 61103 - (815) 987-7760 • DES PLAINES -9511 W
. Harrison St., Des Plans, IL 60016-(847) 294-4000
ELGIN-595 South State, Elgin, IL 60123 -(847)608-3131
PEORIA-5415 N . University St., Peoria, IL 61614-(309) 693-5463
BUREAU OF LAND- PEORIA-7620 N . University St ., Peoria, IL 61614- (309) 693-5462
•
CHAMPAIGN -2125 South First Street, Champaign, IL 61820-(217) 278-5800
SPRINGFIELD-4500 S Sixth Street Rd ., Springfield, IL 62706-(217) 786-6892 • COLUNSVILLE- 2009 Mall Street, Collinsville,
IL 62234 - (618) 346-5120
MARION-2309 W . Main St ., Suite 116, Marion, IL 62959-(618) 993-7200
PR,NrsD ON RECYCLED PAPER
DOUGLAS P
. SCOTT, DIRECTOR
CERTIFIED MAIL #
7004
2510 0001 8623 6195
/j1A/5 3 39/ 58 -~
74
p2G-g~o5, r~
a y3 V~-NR
All
Page 2
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 Doug Tolan of my
staff at 217/782-6762.
Dou E. Oakley, Manager
Le
ng UST Claims Unit
Planning & Reporting Sectio
Bureau of Land
DEO:DT:bjh\072412.doc
Attachment
cc:
United Science Industries, Inc .
Re: LPC # 1990555168 -- Williamson County
Marion/Russell Oil Company
309 DeYoung St
. Facility #7-010002
Leaking UST Incident No . 20030604
Leaking UST Fiscal File
Citations in this attachment are from the Environmental Protection Act (Act), as amended by
Public Act 92-0554 on June 24, 2002, and 35 Illinois Administrative Code (35 Ill
. Adm
. Code).
Item #
Description of Deductions
1 .
$333
.04, deduction for costs for analysis costs, which lack supporting documentation
.
a
Such costs are ineligible for payment from the Fund pursuant to 35 Ill
. Adm
. Code
37
~~
734.630(cc) . 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)(3)
of the Act because they may be used for
site investigation or corrective action activities in excess of those required to meet the
minimum requirements of Title XVI of the Act
.
Attachment A
Accounting Deductions
a. Analysis Costs - no invoices .
$43 .42, deduction for corrective action costs that are not reasonable as submitted
.
Such costs are ineligible for payment from the Fund pursuant to Section 57
.7(c)(3) of
the Act and 35 111. Adm. Code 734.630(dd)
.
Deduction for costs for corrective action cost that exceed those contained in a budget
or amended budget approved by the Illinois EPA
. The cost included in the
application for payment exceeds the approved budget amount and, as such, is
ineligible for payment from the Fund pursuant to Section 57
.8(a)(1) of the Act and 35
111. Adm. Code 734 .605(g) and 734
.630(m)
.
a
. Unreasonable and beyond the corrective action budget in regards to the itemized
costs over the amounts in the approved budget -
personnel costs = $34
.82:
ET IV = $61 .64/hr
; approved amount = $60/hr ; $1 .64/hr
. x 7.5 hrs . = $12
.30
Engineer II = $87 .36/hr
; approved amount = $85/hr ; $2.36/hr
. x 7 hrs. = $16.52
Sr. Acct. Tech . = $56.52/hr
; approved amount = $55/hr ; $1
.52/hr. x 0.5 hr. _
$0.76
Sr
. Admin. Asst . = $46.24/br; approved amount = $45/hr
; $1 .24 hr
. x 0.25 hr . _
$0.31
Acct. Tech II = $46.24/hr; approved amount = $45/hr
; $1 .24/hr. x 0
.25 hr. = $0.31
Page 2
q,
p
b.
~fIR
DEO :DT:bjh\072413 .doc
Proj
. Manager = $97 .64/br
; approved amount = $95/hr ; $2.64/hr. x 1 .75 hrs. _
$4.62
Unreasonable and beyond the corrective action budget in regards to the itemized
costs over the amounts in the approved budget - Equipment Costs = $7
.20 :
Vehicle = $61 .64/day
; approved amount = $60/day ; $1 .64/day x 1 day = $1 .64
Water Le . Ind = $20.56/day
; approved amount = $15/day ; $5 .56/day x 1 day =
$5.56
c
. Unreasonable and beyond the corrective action budget in regards to the itemized
46,101
costs over the amounts in the approved budget
- field purchase and others costs =
/~
$1 .40:
Sample shipment = $51
.40 ea; amount approved = $50 ea ; $1
.40 x 1 ea. = $1 .40.
30
ames G. Richardson
pecial 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 7, 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
