James G. Richardson
Assistant Counsel
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S
OFFICE
APR 2 1 2008
STATE OF ILLINOIS
Pollution Control Board
v.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
PCB 08- I
(UST Appeal – Ninety Day
Extension)
NOTICE
7-ELEVEN, INC.,
Petitioner,
John Therriault
Assistant Clerk
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601-3218
Ken Hilliard
Manager, Environmental Services
7-Eleven, Inc.
Box 711
Dallas, Texas 75221-0711
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 ENVI' MENTAL PROTECTION AGENCY
Dated: April 16, 2008
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR 2 /
2008
STATE OF ILLINOIS
7-ELEVEN, INC.,
?
)
Pollution Control
Board
Petitioner,?
)
v.
?
PCB No. 08-
(UST 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, Assistant Counsel, and, pursuant to Section
40(a)(1) of the Illinois Environmental Protection Act (415 ILCS 5/40(a)(1)) and 35 III. 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 July 17, 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 March 12, 2008 the Illinois EPA issued a final decision to the Petitioner.
2.
On April 9, 2008, 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 March 14, 2008.
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
Assistant Counsel
Dated: April 16, 2008
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
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 rsio81H GRAND AVLNUE Ens!, P.O. Box 19276, SPRINGFIELD, ILLINOs 62794-9276-I 217; 782-3397
JAWS
R. THOMPSON CENTER, 100 WW RANDOLPH,
Serve 1 I
-300, CHICAGO, IL 60601 - (312) 814-6026
Roo R.
BLACORNICH,
GOVERNOR?
DOUGLAS
P.
SCOTT, DIRECTOR
217782-6762
CERTIFIED MAIL
MAP
?
? 200
?
7007 0220 0000 0149 7186
Mr. Ken Hilliard
7-Eleven, Inc. (Loc.0148)
Dallas, TX 75221-0711
Re: LPC
#0312465032 -- Cook County
Park Ridge/7-Eleven
814 West Higgins Road
Leaking UST Incident No, 891536, 891810, 961056, 20010503
Leaking UST Technical File
Dear Mr. Hilliard:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Corrective Action
Plan Budget (budget) submitted for the above-referenced incident. This budget, dated Janaury
28, 2008, was received by the Illinois EPA on January 30, 2008. Citations in this letter are from
the Environmental Protection Act (Act), as amended by Public Act 92-0554 on June 24, 2002,
and 35 Illinois Administrative Code (35 III. Adm. Code).
The budget is rejected for the reason(s) listed below. (Sections 57.7(b)(3) and 57.7(c) of the Act
and 35 III. Adm. Code 734.630 and 734.655).
Costs incurred after receipt of a No Further Remediation Letter for the occurrence R)r
which the No Further Remediation Letter was received are ineligible for payment from
the Fund pursuant to 35 Ill. Adm. Code 734.630(gg). In addition, such costs are not
approved pursuant to Section 57.7(c)(3) of the Act because they are not site investigation
or corrective action costs.
All future correspondence must be submitted to:
Illinois Environmental Protection Agency
Bureau of Land - #24
Leaking Underground Storage Tank Section
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
Ri &Poet. -4302 North Ma i n Street, Rockford
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61101 (815) 987 7760 • tiRt
PEAIMS
9511 W.
Harrison St.,
Des Pla i
nes IL 60016 (8471 294 4000
LEAN - 595 South State, Elgin, IL 60 I 21 (647) 608-3131 • PWRIA
51)5 N
university
St.,
Peoria, IL
61614 (309` 693 s 463
B1 RtAt Or 1 AND PEORIA -
7h211 N U nrversity St Peuroa II 61614 -1309)
693
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Cosmic
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;123 South rust Street,
Champaign, II n1610 - (217i
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Regain 11110 4500 5 S
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xth Street Rd Springfield IL 62706 1217i 7866892
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Page 2
Please submit all correspondence in duplicate and include the Re: block shown at the beginning
of this letter.
An underground storage tank system owner or operator may appeal this decision to the Illinois
Pollution Control Board. Appeal rights are attached.
If you have any questions or need further assistance, please contact Jennifer Rossi at 217-782-
9285.
Sincerely,
ct?-6-laz
4)44.4
Clifford L. Wheeler
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
CLW:jjr\
Attachment: Appeal Rights
c: Kevin
Hedinger, ENSR Corporation
BOL File
Appeal Rights
An underground storage tank owner or operator may appeal this final decision to the Illinois
Pollution Control Board pursuant to Sections 40 and 57.7(c)(4) 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 owner or
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, IL 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
Post Office Box 19276
Springfield, IL 62794-9276
217/782-5544
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on April 16, 2008 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:
John Therriault
Assistant Clerk
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601-3218
Ken Hilliard
Manager, Environmental Services
7-Eleven, Inc.
Box 711
Dallas, Texas 75221-0711
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
James G. Richardson
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