ENVIRONMENTAL PROTECTION AGENCY
ames G. Ric
Assistant Counsel
ILL
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
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PCB 08-3
(LUST Appeal – Ninety Day
Extension)
WOODWORTH & SONS, INC.
Petitioner,
v.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
NOTICE
John Therriault
Assistant Clerk
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601-3218
Darin DeNeal
United Science Industries, Inc.
P.O. Box 360
Woodlawn, Illinois 62898
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.
Dated: December 11, 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 BOA
RD:CutteongC:n:Vos
E
er,
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OF
laiNol
a
DEC
1 2 am
sr:SKS OFFICE°
v.
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, Assistant Counsel, 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 March 13, 2008, 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 November 7, 2007, the Illinois EPA issued a final decision to the Petitioner.
2.
On December 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 November 9, 2007.
WOODWORTH
&
SONS, INC.
Petition,
PCB No. 08- 31
(LUST Appeal – Ninety Day Extension)
1
ames G.
Assistant Counsel
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
Dated: December 11, 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
CERTIFICATE OF SERVICE
Rise
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s
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STATE
DEC
I 2 2007
I, the undersigned attorney at law, hereby certify that on December
ittain
and correct copies of a REQUEST FOR NINETY DAY EXTENSION OF APPEAL PER
first class mail of the United States Postal Service upon the persons as follows:
John Therriault
Assistant Clerk
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601-3218
Darin DeNeal
United Science Industries, Inc.
P.O. Box 360
Woodlawn, Illinois 62898
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
ames
G. Richardon
Assistant Counsel
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
3
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NOV O
BY:
xphox.
DOUGLAS
P. SCOTT, DIRECTOR
217/782-6762
CERTIFIED MAIL
7007 D220 0000 0151 8089
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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND AVENUE EAST,
P.O. Box 19276,
SPRINGFIELD, ILLINOIS
62794-9276 - ( 217) 782-3397
Inas R. THOMPSON
CENTER,
Too
WEST RANDOLPH, SUITE
11-300,
CHICAGO,
IL 60601 - (312) 814-6026
NOV
0 7 2067
Woodworth & Sons, Inc.
Attention: Jack Woodworth
#2 Carlyle Plaza Drive
Belleville, Illinois 62221
Re: LPC #0191005005 -- Champaign County
Tolono/Woodworth & Sons, Inc.
400 Woodworth Dr.
Leaking UST Incident #930671
Leaking USUISCAL FILE
Dear Mr. Woodworth:
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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 August 1, 2006 to January 12, 2007. The amount requested
was $1 /,6 8.80.
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 request that are not being
reimbursed. 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 1, 2007, the Agency received your complete requesi forpyment for this claim. As a
result of the Agency's review of this claim, a voucher for $4,550.24 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
requestrare-received bythe-Agency.
—This constitutes the Agency's final action with regard to the above invoices. Amundergrcamd
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
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
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Page 2
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 Richard Nykiel of my staff or Wayne Zuehlke of
Cliff
Wheeler's
staff at 217/782-6762.
Do E.
Oakley, Manager
Leaking UST Claims Unit
Planning
&
Reporting Section
Bureau of Land
DEO:RN:bjh107558.doc
Attachment
cc: United
Science Industries, Inc.
Attachment A
Re: LPC #0191005005 -- Champaign County
Tolono / Woodworth & Sons Inc.
400 Woodworth Dr.
LUST Incident No. 930671
LUST Technical File
$3,067.16 for costs for Relocation of above ground tanks, which exceed the minimum
requirements necessary to comply with the Act. Costs associated with corrective action
activities and associated materials or services exceeding the minimum requirements
necessary to comply with the Act are not eligible for payment from the Fund pursuant to
Section 57.7(c)(4)(C) of the Ac
1. Relocating above ground tanks exceed the minimum requirements necessary to
comply with the act.
Attachment A
Accounting Deductions
Re: LPC #0191005005 -- Champaign County
Tolono/Woodworth
&
Sons, Inc.
400 Woodworth Dr.
Leaking UST Incident No. 930671
Leaking UST FISCAL FILE
Item # Description
of Deductions
Included in the Technical deductions are the following Accounting deductions in the amount of
$51.40.
1. $53,10,
deduction for an adjustment in costs due to a lack of supporting
documentation (Section 22.18b(d)(4)(C) of the Environmental Protection Act).
United Science Industries, Inc.
Invoice #015345 = Sample Shipping. No Receipt.
DEO:RN:bjh\07559.doc