PCB
No. 09-
(LUST
Appeal
— Ninety Day
Extension)
John
Therriault,
Acting
Clerk
Illinois
Pollution
Control
Board
James R.
Thompson
Center
100 West
Randolph
Street
Suite
11-500
Chicago,
IL 60601
NOTICE
Mertz
Motor Company
Attn:
Don Mertz
5
East
Washington
Street
Millstadt,
IL
62260
Jack
W. Mutchler
P.G.
Environmental
Services
Manager
Quality
Testing
and
Engineering,
Inc.
803 West State
Street
O’Fallon,
IL
62269
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
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:
May
12, 2009
niO
MAY
15
2009
BEFORE
THE
POLLUTION
CONTROL
BOARD
OF
THE
STATE
OF
ILLINOIS
Pollution
STATE
OF
Controj
ILLINOIS
9
MERTZ
MOTOR
CO.
)
Petitioner,
)
v.
)
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Respondent.
)
BEFORE
THE
POLLUTION
CONTROL
BOARD
MAY
‘15
2009
OF THE
STATE
OF ILLINOIS
Pollution
STATE
OFIUJNO,
Control
So$c,
MERTZ
MOTOR
CO.
)
Petitioner,
)
ILLiNOIS ENVIROIMENTAL
v.
))
PCBNo.09-
(LUST Appeal
—
I
Ninety
Day Extension)
PROTECTION
AGENCY,
)
Respondent.
)
REOUEST
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)(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 August
21,
2009,
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 April 16, 2009,
the Illinois
EPA
issued
a final decision
to the
Petitioner.
(Exhibit A)
2.
On May 6, 2009,
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.
Tracking
information
from the
Certified Mail
number
on
the final decision
indicates the final
decision
was
received
on April
18, 2009.
(Exhibit B)
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
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: May 12,
2009
This
filing submitted on
recycled
paper.
2
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
1021 NORTH
GRAND AVENU-EA1.O:
Box 19276,
SPRINGF1EU5,
ILL1t0IS 62794-9276
- (
217) 782-Z829
JAMES R.
THOMPSON CENTER, 100
WEST RANDOLPH,
SUITE
11-300, CHICAGO, IL 60601 — (312)
814-6026
DOUGLAS
P. Scon,
DIRECTOR
217/782-6762
CERTIFIED MAIL
#
APR16
2009
70081140000473440698
Mertz Motor Company
Attn:
Don
Mertz
5 East Washington
Street
Millstadt, Illinois
62260
Re:
LPC#1630855030--St.ClairCounty
Millstadt/Mertz
Motor Co.
4 East
Washignton
St.
Incident-Claim
No.:
20000564
-- 55853
Queue
Date:
December 23, 2008
Leaking
UST
FISCAL
FILE
Dear Mr.
Mertz:
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
16,
2008
and was received
by the
Agency on
December
23, 2008.
The application for payment covers
the period from
August 1,
2007 to
December
12, 2008.
The amount requested is
$434,045.50.
The
deductible
amount
for this
claim
is
$10,000.00,
which
was previously
deducted from the
billing submittal
received
by
the Agency
on May
11, 2007
for
$15,753.42.
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
23, 2008,
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
$36,325.50
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.
ROCKFORD — 4302 North Main
Street, Rockford,
IL
61103
— (815)
987-7760
.
DES PIINES
— 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
COLLINSVILLE — 2009 MalI 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
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
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
request
for
an
extension,
please
contact:
Illinois
Environmental
Protection
Agency
Division
of
Legal
Counsel
1021
North
Grand
Avenue
East
Springfield,
Illinois
62794-9276
217/782-5544
For
information
regarding
the
filing
of
an
appeal,
please
contact:
Illinois
Pollution
Control
Board,
Clerk
State
of
Illinois
Center
100
West
Randolph,
Suite
11-500
Chicago,
Illinois
60601
312/814-3620
If
you
have
any
questions
or
require
further
assistance,
please
contact
Niki
Weller
of
my
staff
at
217/782-6762.
Sincerely,
QLt
Lii
ikMJ
John
Sherrill,
Manager
Financial
Management
Unit
Bureau
of
Land
JS
:NW:mls\092664.doc
Attachment
cc:
Quality
Testing
and
Engineering,Inc.
LCU
File
Niki
Weller
Attachment
A
Accounting
Deductions
Re:
LPC
#1630855030
-- St. Clair
County
Millstadt/Mertz
Motor
Co.
4 East
Washignton
St.
Incident-Claim
No.:
20000564
-- 55853
Queue
Date:
December
23, 2008
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
$397,720.00,
deduction
for costs
for
Remediation
and
Disposal
costs
and
Demolition
costs,
which
lack supporting
documentation.
Such costs
are ineligible
for
payment
from
the
Fund
pursuant
to
35
Ill.
Adm. Code
734.630(cc).
Since
there
is
no
supporting
documentation
of
costs, the
Illinois
EPA
cannot determine
that
costs
will
not be
used
for activities
in excess
of those
necessary
to meet
the
minimum
requirements
of
Title
XVI of
the Act.
Therefore,
such
costs
are
not
approved
pursuant to
Section
57.7(c)(3)
of the
Act because
they may be
used for site
investigation
or corrective
action
activities
in
excess
of those
required
to meet
the
minimum
requirements
of
Title
XVI of
the Act.
A
deduction
is
being
made
in the
amount
of$l0,000.00
for
the Demolition.
A time
and
materials
breakdown
is
needed for
the
demolition
and disposal
costs.
A
deduction
is being
made in the
amount
of
$277,610.00
for
the
Excavation,
Transportation
and Disposal
costs.
An
invoice from
the
landfills
(Waste’s
Roxana
Landfill
and
Waste Management’s
Milam
Landfill)
must
be submitted
with
dates,
cyds/tons
and amount
paid. Did
Constructing
and Environmental
Services,
LLC
do
the
excavation
and
trucking,
if
another
company
was
used for
the trucking,
an
invoice
from
that trucking
company
would
be
necessary.
Please
explain.
A
deduction
is being
made
in the amount
of
$97,382.00
Overburden
(invoice
states
this
amount is
for overburden,
the
Agency
forms
state this
is the
amount for
purchase,
transporting
and
placement
of clean
backfill).
Please clarify.
If this
is
the amount
for
the
purchase,
transporting
and
placement
of clean
backfill
an
invoice
must
be
submitted
from
the
company where
the
backfill
was
purchased
with
dates,
cyds/tons
and
amount
paid.
If the
trucking
was
done
by a different
company,
an
invoice
from
that
company
must
be
provided.
A
deduction
is
being made
in
the
amount
of
$12,728.00
for Purchase,
Transport,
and
Place
clean
backfill
(invoice
states
this
is
the purchase,
transport,
and
placement
of
the
clearIbackfihl
amount,
the
Agency
forms
state
this
is
the
amdiint
for
Overburden).
Please
clarifS’.
If
another
company
did
any
of
this
work,
invoices
with
dates
and
a
description
of
the
work
with
cyds/ton
must
be
provided.
NW:mls\09262
1
.doc
May
6,
2009
QUALITY
TESTING
AND
ENGINEERING,
INC.
GEOTECHNICAL
ENVIRONMENTAL
CONSTRUCTION
MATERIAL
TESTING
CULTURAL
RESOURCES
NATURAL
RESOURCES
Mr. William
D. Ingersoll
Illinois
Environmental Protection
Agency
Division
of Legal Counsel
1021
North Grand Avenue
East
Springfield, Illinois
62794-9276
RE:
90-Day
Extension of Appeal
Period
LPC#
1630855030
— St. Clair County
Millstadt/Mertz Motor
Co.
4 East Washington
Street
Incident-Claim
No. 20000564
— 55853
Queue Date December
23, 2008
Leaking
UST
FISCAL FILE
Dear Mr. Ingersoll:
Quality
Testing and Engineering,
Inc.
(QTE)
has prepared this letter
to
request
a 90-Day
Extension
to the
35-Day Appeal Period
for a reimbursement
claim submitted for
the
referenced
site.
QTE
submitted
a claim for reimbursement
of Corrective
Action
costs from the UST
Fund,
dated
December 16, 2008
in the amount of
$434,045.50. In an April
16, 2009
correspondence,
the IEPA
approved
$36,325.50.
The
deduction
of
$397,720.00
was made due to
a “lack of
supporting
documentation”
of these costs. Please
note that
QTE had an approved
budget and an
approved
work plan
based
on
Subpart
H of 734. The IPEA
is now
requesting
documentation
to
support the
unit
rates
(IEPA
approved)
presented in
our reimbursement
claim. On May 4, 2009,
QTE
submitted
the
supplemental invoices
requested
by
the IEPA. I was told
the supplemental
information
would
receive a new Queue
Number
and
would take up to four
months
to review.
Due to the substantial
amount of
money involved and
the time it will take
IEPA
to review
the
supplemental information,
we are requesting
the 90-Day
Extension. If
a
response
is not received
from
the
IEPA within
the 90-Day Extension
period,
we may have to file an
appeal regarding
this claim.
If you have
any questions or require
further
clarification,
please
at
(618) 632-9900.
Sincerely,
do not
hesitate
to contact
me
QUALITY
TESTING AND ENGINEERING,
INC.
kW.Mutchler,P.G.
Environmental
Services
Manager
JWMJfjr
Attachment:
IEPA
Determination Letter, April
16, 2009
803 WEST STATE
STREET, O’FALLON,
IL 62269
206
SOUTH
LINN AVENUE,
WENTZVILLE,
MO
63385
RECEVD
Division
of Legal
Counsel
i’iAi
07
2009
Environ
mental
Protection
Agency
WWw.qteinc.com
C:
Mr. Don Mertz
— Mertz Motor
Company
CORPORATE OFFICE:
REGIONAL
OFFICE:
k1
’fJ3
PHoNE:
618-632-9900
PHONE:
636-332-1153
FAX:
618-632-9922
FAX:
636-332-5781
UNITED
ST.4TES.
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MAY
15
2009
CERTIFICATE
OF
SERVICE
STATE
OF
ILUNOIS
Pollution
Control
Board
I, the undersigned
attorney at law, hereby
certify
that on May 12, 2009,
I served
true and
correct copies of a REQUEST
FOR
NJNETY 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,
Acting Clerk
Illinois
Pollution
Control Board
James
R.
Thompson Center
100 West
Randolph Street
Suite 11-500
Chicago,
IL 60601
Mertz Motor
Company
Attn:
Don
Mertz
5 East
Washington Street
Millstadt,
IL 62260
Jack W. Mutchier P.G.
Environmental
Services
Manager
Quality Testing and
Engineering, Inc.
803 West State
Street
O’Fallon, IL 62269
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
Respondent
Melanie
A.
Jarvis
SEb
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)