CLERK’S
    OFFICE
    OCT23
    2008
    John
    Therriault,
    Clerk
    Illinois
    Pollution
    Control
    Board
    James
    R.
    Thompson
    Center
    100 West
    Randolph
    Street
    Suite
    11-500
    Chicago,
    IL 60601
    Carolyn
    S. Hesse
    Barnes
    & Thornburg,
    LLP
    One
    North
    Wacker
    Drive
    Suite
    4400
    Chicago,
    IL
    60606-2833
    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
    Melanie
    A.
    Jarvis
    Assistant
    Counsel
    Division
    of
    Legal
    Counsel
    1021
    North
    Grand
    Avenue,
    East
    P.O. Box
    19276
    Springfield,
    filinois
    62794-9276
    217/782-5544
    217/782-9143
    (TDD)
    Dated:
    October
    21,
    2008
    BEFORE
    THE
    POLLUTION
    CONTROL
    BOARD
    OF
    THE
    STATE
    OF ILLINOIS
    HUFFMAN’S
    SERVICE,
    Petitioner,
    V.
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    Respondent.
    STATE
    OF
    ILLINOIS
    ollton
    Control
    Board
    PCBNojI*
    )
    (LUST
    Appeal
    — Ninety
    Day
    Extension)
    )
    )
    NOTICE
    1

    CEUVE
    CLERK’S
    OFFICE
    BEFORE
    THE POLLUTION
    CONTROL
    BOARD
    OF THE
    STATE
    OF
    ILLINOIS
    UC
    232008
    HUFFMAN’S
    SERVICE,
    )
    Pollution
    Control
    Boa
    Petitioner,
    )
    v.
    )
    PCBNo.68
    ILLINOIS
    ENVIRONMENTAL
    )
    (LUST
    Appeal
    -
    Ninety
    Day
    Extension)
    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,
    Melanie
    A.
    Jarvis,
    Assistant
    Counsel
    and,
    pursuant
    to
    Section
    40(a)(l)
    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 December
    18,
    2008,
    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:
    1.
    On
    September
    12,
    2008
    the Illinois
    EPA
    issued
    a
    final
    decision
    to
    the
    Petitioner.
    (Exhibit
    A)
    2.
    On October
    20,
    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
    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
    September
    18,
    2008.
    (Exhibit
    C)
    3

    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
    ENVONMENTAL
    PROTECTION
    AGENCY,
    Respondent
    Melanie
    A. Jarvis
    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)
    Dated:
    October
    21,
    2008
    This
    filing
    submitted
    on
    recycled
    paper.
    4

    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    Co
    A’/IL
    P,fl.
    Box
    19276.
    Scpao.
    !tJOiS
    627949276
    -
    I
    217)
    7t32-2B29
    I,u
    R
    TItcMP50x
    Coi.
    1DO
    WEsr
    ROou’H,
    Srs
    •00.
    C1-Itcco.
    IL
    60601
    I31
    2)
    £ST46O26
    Ron
    R.
    8L1.cotricH.
    GovERNo
    Dc’ucL.\
    P.
    Scorr,
    DIREcrOR
    CERTIFIED
    MAIL#
    sP
    1
    7007
    2560
    0003
    2086
    i88
    Huffrnan’s
    Service
    cdo
    CWM
    Co..
    Inc.
    Attn.
    John
    Hufthian
    P.O.
    Box
    571
    Carlinvilie,
    illinois
    62626
    Re:
    LPC
    #0030105005
    Aiexatder
    Couni.y
    TammsiHuffinan’s
    Service
    Front
    &
    Russell
    Streets
    Leaking
    liST
    Incident
    No.
    200711
    18
    SEP
    1
    9
    2008
    Claim
    No.
    53501
    Leaking
    liST
    Fiscai
    File
    Dear
    Mr.
    Huffinan:
    The
    Illinois
    Environmental
    Protection
    Agency
    (Illinois
    EPA)
    has
    completed
    the
    review
    of
    your
    application
    for
    payment
    from
    the
    Underground
    Storage
    Tank
    (LIST)
    Fund
    for
    the
    above-
    referenced
    Leaking
    LIST
    incident
    pursuant
    to
    Section
    57.8(a)
    of
    the
    illinois
    Environmental
    Protection
    Act
    (Act),
    as
    amended
    by
    Public.
    Act
    92-0554
    on
    June
    24,
    2002,
    and
    35
    Illinois
    Administrative
    Code
    734SubpartF.
    This
    application
    for
    payment
    is
    datedDecember
    20,
    2007
    and
    was
    received
    by
    the
    Illinois
    EPA
    on
    December
    31,
    2007.
    It
    covers
    the
    period
    from
    August
    1.
    2007
    to
    November
    30,
    2007.
    The
    amount
    requested
    is
    S
    84,259.69.
    As
    a
    result
    of
    the
    Illinois
    EPA’s
    review
    of
    the
    appUcaticn
    tbr
    payment,
    a
    vcucher
    for
    S
    1,060.80
    will
    be
    prepared
    for
    submission
    to
    the
    Comptroller’s
    Office
    for
    paytrent
    as
    hinds
    become
    availabl.e
    based
    upon
    the
    date
    the
    illinois
    EPA
    received
    the
    application
    for
    payment.
    Subsequent
    applications
    for
    payment
    that
    have
    been
    or
    are
    submitted
    will
    he
    processed
    based
    upon
    the
    date
    of
    receipt
    by
    the
    Illinois
    EPA.
    This
    constitutes
    the
    Illinois
    EPA’s
    final
    action
    withregard
    to
    the
    above
    application
    for
    payment.
    The
    deductible
    amount
    of
    S
    10,000.00
    was
    withheld
    from
    your
    payment.
    Pursuant
    to
    Section
    57.S(a)(4)
    of
    the
    Act,
    any
    deductible,
    as
    determined
    pursuant
    to
    the
    Office
    of
    the
    State
    Fire
    Marshals
    eligibility
    and
    deductibility
    final
    determination
    in
    accordance
    with
    Section
    57.9
    of
    the
    Act,
    iliall
    he
    subtracted
    from
    any
    payment
    invoice
    paid
    to
    an
    eligible
    owner
    or
    operator.
    ti
    tit
    <oktod.
    IL
    i
    53
    il
    95-T;ii
    j’
    .
    .
    I4tho
    it.
    i
    scit
    -
    s.’
    GUth
    Ciszn.
    IL
    -
    J14
    L)i
    131
    -
    .t
    ‘..
    St.
    IL
    II3
    -
    !3c:
    i4ñ
    -
    .
    r
    it..
    a
    si,i
    ei
    -‘-‘25
    irt
    Stree,
    Charp,
    r
    tr’r.
    I
    tIR’.5,
    IL
    b2?3$
    l
    J$-!2I)
    M..:,-
    I’
    :Mai
    St.
    Stt
    116.
    :i3r,
    Li,259
    I5
    Eyk;f
    A

    P1louing
    are
    cot
    that
    are
    not
    approved
    for
    payment
    and
    the
    reasons
    the
    costs
    arc
    not
    anorr\
    ed:
    S
    73,198.89
    for
    costs*
    that
    lack
    supporting
    documentation
    and
    justification.
    Pursuant
    to
    35
    UI.
    Adm.
    Code
    734.605(b)(9),
    application
    for
    payments
    must
    include
    an
    accounting
    of
    all
    costs.
    including
    but
    not
    limited
    to.
    iuvoices
    receipts
    and
    supporting
    docurnetaon
    showing
    the
    dates
    and
    descriptions
    of
    the
    work
    performed.
    in.
    addition.
    reasonab]ei.iess
    of
    costs
    cannot
    he
    determined
    without
    documentation.
    Pursuant
    to
    7
    34.630(ee).
    costs
    incurred
    during
    early
    action
    that
    are
    unreasonable
    are
    ineligible.
    ‘S
    1,270.48
    Direct
    Push
    Drilling.
    S
    49700.0ti
    Reniediation
    and
    Disposal.
    S
    l2.224l
    UST
    Removal.
    ‘i’S
    1
    OMOO.00
    Buildiiig
    Derriolition.
    2.
    S
    49,700.00
    of
    the
    costs
    in
    #1
    above
    were
    submitted
    per
    bidding.
    In
    order
    ibr
    the
    bids
    to
    he
    reviewed
    pursuantio
    35
    [11.
    Adm.
    Code
    734.g55,
    a
    breakdown
    of
    what
    is
    included
    in
    the
    bid
    and
    what
    specifi.c
    costs
    exceed
    the
    Subpart
    H
    rates
    must
    he
    provided.
    Justification
    must
    be
    provided
    to
    document
    why
    the
    bids
    werenecessary
    and
    why
    the
    Subpatt
    H
    rates
    could
    not
    be
    met
    for
    this
    project.
    An
    underground
    storage
    tank
    system
    owner
    or
    operator
    may
    appeal
    this
    decision
    to
    the
    Illinois
    Pol
    urion
    Control
    Board.
    Appeal
    rights
    are
    attached.
    if
    you
    have
    any
    questions
    or
    require
    further
    assistance,
    please
    contact
    Valerie
    Davis
    of
    my
    staff
    at
    317-785-7492.
    Sincerely.
    Hernando
    A.
    Albarracin.
    Mmiager
    Leaking
    Underground
    Storage
    Tank
    Section
    Division
    of
    Remediation
    Management
    Bureau
    of
    Land
    H
    AA
    \‘
    AD
    Attachment.
    Appeal
    Rights
    Leaking
    UST
    Clainis
    Unit

    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
    57.8(1)
    of
    the
    Act
    by
    tiling
    a
    petition
    for
    a
    hearing
    within
    35
    days
    aftnr
    the
    date
    of
    issuance
    of
    the
    final
    decision.
    However,
    the
    35-day
    reriod
    may
    be
    extended
    for
    a
    period
    of
    time
    not
    to
    exceed
    90
    days
    by
    written
    notice
    from
    the
    o’vner
    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
    wttefl
    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.
    F:’r
    intbnnation
    regarding
    the
    filing
    of
    an
    appeal,
    please
    contact:
    Dorothy
    Gunn,
    Clerk
    illinois
    Pollution
    Control
    Board
    State
    of
    Illinois
    Center
    100
    WestRandoiph.
    Suite
    11-500
    Chicago,
    IL
    60601
    312/814-3620
    F’r
    information
    regarding
    the
    filing
    of
    an
    extension.
    please
    cOntact:
    Illinois
    Environmental
    Protection
    Agency
    Division
    of
    Legal
    Counsel
    102!
    North
    Grand
    Avenue
    East
    Post
    Office
    Box
    19276
    Springfield,
    IL
    6274-9276
    21
    7’732-5544

    BARNES
    &ThORNBURG
    Suite
    4400
    One
    North
    Wacker
    Drive
    Chicago,
    IL 60606.2833
    U.S.A.
    (312)
    357-1313
    V
    V
    Fax
    (312)
    759-5646
    fl
    ,.:i
    www.btlaw.com
    I
    cbti-w.
    October 20, 2008
    VIA
    FACSIMILE &
    FEDERAL
    EXPRESS
    & E-MAIL
    Mr.
    William
    ingersoll
    Illinois Environmental
    Protection Agency
    1021
    North
    Grand
    Avenue
    East
    P.O.
    Box 19276
    Springfield,
    Illinois
    62794-9276
    Re:
    LPC
    #0030105005
    - Alexander County
    Tamms
    / Huffman’s
    Service
    Front
    &
    Russell Street
    Leaking
    UST Incident No.
    20071118
    Claim
    No.
    53501
    Leaking UST
    Fiscal
    File
    Dear
    Bill:
    On
    September 12, 2008, the
    Agency issued a
    letter with respect
    to the
    above
    referenced
    LUST
    Incident.
    The
    letter
    was delivered
    on
    September
    18,
    2008.
    A copy
    of the letter
    and
    USPS
    Track
    and Confirm
    receipt are
    attached.
    CW
    3
    M
    believes that,
    based upon communications
    with you
    and
    others at the
    Illinois
    Environmental Protection
    Agency and for other
    reasons,
    that
    we will
    be
    able to resolve
    the
    issues
    raised
    in
    the
    IEPA
    letter.
    However,
    we believe
    that
    we
    will
    not be able
    to
    resolve
    these
    issues
    by
    the
    deadline
    for filing
    an appeal of these issues
    to the
    Illinois
    Pollution
    Control
    Board.
    Thus,
    this
    is
    a request for
    a 90 day
    extension
    pursuant to the
    Illinois Environmental
    Protection
    Act,
    Section
    40(a)(l)
    and 35 IAC 105.406
    to
    allow us
    the needed time to
    continue
    these
    discussions
    and to
    try
    to
    resolve the issues.
    Firt
    Waync
    Grand
    Rapids
    Indianapolis
    South Bend
    Washington,
    D.C.

    Mr. William
    ingersoll
    October
    20.
    2008
    Page
    2
    Earlier
    today
    we
    discussed
    this request
    for
    a time
    extension
    and agreed
    to such
    a time
    extension.
    If
    for
    any reason
    the Agency
    will
    not
    seek
    the 90
    day
    extension,
    please
    notify
    me no
    later
    than
    the
    close
    of
    business
    on
    October
    21, 2008,
    so
    that I may
    file
    the appropriate
    appeal
    to
    the Board.
    if you
    have
    any
    questions
    or comments,
    please do
    not
    hesitate
    to contact
    me.
    Sincerely
    yours,
    BARNES
    &
    THORNBURG
    Carolyn
    S.
    Hesse
    C’SH/jmr
    Enclosures
    cc:
    William
    Sinnott
    Carol
    L.
    Rowe
    Jeff
    Weinhoff
    BARNES
    &Tl-IORNBURG
    a

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    at law,
    hereby certify
    that
    on October
    21,
    2008,
    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:
    John
    Therriault,
    Clerk
    Carolyn
    S.
    Hesse
    Illinois
    Pollution
    Control
    Board
    Barnes &
    Thornburg,
    LLP
    James R. Thompson
    Center
    One North
    Wacker
    Drive
    100
    West
    Randolph
    Street
    Suite
    4400
    Suite
    11-500
    Chicago,
    IL 60606-2833
    Chicago,
    IL 60601
    ILLINOIS
    ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent
    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)
    2

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