F.A. STEIN OIL COMPANY,
Petitioner,
V .
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
Dorothy M
. Gunn, Clerk
Illinois Pollution Control Board
James R
. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Michael R
. Keebler, P .E.
President
Environmental Management, Inc
1154 N . Bradforton Rd
.
Springfield, IL 62711
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
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
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
: June 7, 2007
NOTICE
R
~CEIVED
JUN
13 2001
Polution
Co
ILLINOIS
PC13 No . 07- 14 I
(LUST Appeal -
Ninety Day Extension)
F.A. STEIN OIL COMPANY,
Petitioner,
V .
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
(LUST
PCB NoAppeal
. 07-
A
- 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, 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 35 111 . 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 September 9, 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 :
On May 4, 2007, the Illinois EPA issued a final decision to the Petitioner
.
(Exhibit A)
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 join in requesting
that the Board extend the thirty-five day period for filing a petition to ninety days
. (Exhibit B)
Tracking information from the Certified Mail number on the final decision indicates the final
decision was received on May 7, 2007 . (Exhibit C)
RECEIVED
JUN 13 200?
Pollution
STATE OF
Control
ILLINOIS
Board
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
1
09A.0
. Jarvis
`IF
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 : June 7, 2007
This filing submitted on recycled paper
.
2
1021 NORTH GRAND AVENUE EAST, P.O . Box 19276, SPRINGFIELD, ILLINOIS 62794-9276
- (
217) 782-3397
JAMES R . THOMP50N CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601 -(312) 814-6026
ROD R . BLAGOJEVICH, GOVERNOR
217/782-6762
DOUGLAS P. Scorn, DIRECTOR
MAY 0 4 2007
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
F.A. Stein Oil Company
Attention
: Norma Lee James/Environmental Management, Inc .
1154 N . Bradfordton Road
Springfield, Illinois 62711
Re: LPC #1630455313 --St . Clair County
East St
. Louis/F .A. Stein Oil Company
1702 State Street
Leaking UST Incident No
. 20060090
Leaking UST FISCAL FILE
Dear Ms. James:
CERTIFIED MAIL #
7004 2510 0001 8623 9219
Prrrn,rrD
JUN -i 6 2007
±EPA/BOL
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 November 17, 2006 and was received
by the Agency on November 21, 2006 . The application for payment covers the period from
February 10, 2006 to October 10, 2006 . The amount requested is $39,248
.80.
The deductible amount to be assessed on this claim is $10,000 .00, which is being deducted from
this payment . In addition to the deductible, 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 November 21, 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 $28,098
.80 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,
the 35-day period may be extended for a period of time not to exceed 90 days by written notice
ROCKFORD-4302 North Main Street, Rockford, IL 61103-(815) 987-7760
DES PLAINES-9511 W, Harrison St ., Des Plaines, 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
• 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 RECYCLED PAPER
Page 2
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 Niki Weller of my
staff at 217/782-6762.
Dougl
E. Oakley, Manager
Le
ng UST Claims Unit
Planning & Reporting Section
Bureau of Land
DEO:NW :bjh\072453 .doc
Attachment
cc:
Environmental Management, Inc
.
Re :
LPC # 1630455313 - St. Clair County
East St. Louis/F .A. Stein Oil Company
1702 State Street
Leaking UST Incident No . 20060090
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 .
$40.00, deduction for costs for investigation costs 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)(l) of the Act and 35
Attachment A
Accounting Deductions
Ill . Adm. Code 734.605(g) and 734 .630(m) .
2 .
$1,110.00,
deduction for handling charges for subcontractor costs that have been
billed directly to the owner or operator
. Such costs are ineligible for payment from
the Fund pursuant to 35 Ill . Adm. Code 734.630(hh) . In addition, such costs are not
approved pursuant to Section 57 .7(c)(3) of the Act because they are not reasonable .
The costs for Environmental Control Systems, LLC . Invoice 1139 appears to be billed
direct to the owner/operator and are not eligible for handling charges .
DEO:NW:bjh\072454.doc
RECEIVED
JUN 0 6 2007
IEPA/BOL
.
ENVIRONMENTAL MANAGEMENT, INC .
CoroerateOfffice
St Lourstmioe
1154 N .
Bradfordton Rd . • Springfield, IL 62711
12237 Rainhollow Dr. • St . Louis, MO 63043
217/726-9468 •
217/726-9472 (Fax)
314/650-8268
Email
: mkeeblerc@envmgnt .co m
June 4, 2007
Mr
. Bill Ingersoll
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Ave . East
Springfield, Illinois 62794-9276
Re :
LPC 41630455313 - St . Clair County
East St
. Louis / F .A. Stein Oil Company
1702 State Street
LUST Incident #20060090
Dear Mr. Ingersoll :
On behalf of our client, F .A. Stein Oil Company, Environmental Management, Inc . (EMI) requests
a 90-day extension to file an appeal with the Illinois Pollution Control Board . The Agency's final
decision in this matter was received on May 4, 2007. A copy of this decision is included with this
submittal . The granting of an extension may allow for the resolution to the matter, thus,
preventing the filing of an appeal to the Illinois Pollution Control Board .
Should you have any questions or require anything further, please contact me at (217) 726-9468 .
Thank you
.
Sincerely,
Michael R. Keebler, P .E .
President
Environmental Management, Inc
.
Enclosure
Division
RECEIVED
of Legal Counsel
JUN 0 7 2007
Environmental Protection
Agency
RECEIVED
JUN 0, 6 2007
IEPA/BOL
.
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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
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
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Michael R . Keebler, P.E
.
President
Environmental Management, Inc
1154 N . Bradforton Rd .
Springfield, IL 62711
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)
