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

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    REQEVED
    CLERWS
    OFFICE
    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)

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