OSCO/HENRY

SERVICE

COMPANY,

Petitioner,

V.

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

John Therriault,

Acting

Clerk

Illinois

Pollution

Control

Board

James

R. Thompson

Center

100

West

Randolph

Street

Suite

11-500

Chicago, IL

60601

Respondent.

)

ECEVE

CLERK’S

OFFICE

)

PCBNo.09-

,

(LUST Appeal

— Ninety

Day Extension)

I!

-/

(

i

I

/

r

I

f

I

‘ JiiV

NOTICE

Greg Howard

Gold

Star FS, Inc.

101

N. East Street

P.O.

Box

79

Cambridge,

IL

61238-0079

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,

illinois

62794-9276

217/782-5544

217/782-9143

(TDD)

Dated: June

5,

2009

BEFORE

THE

POLLUTION

CONTROL

BOARD

OF THE STATE

OF

ILLINOIS

JUN

88

2009

STATE

OF

ILLINOIS

POIIütjn

Control

Board

)

)

)

---

RECVED

CLERK’S

OFCE

JUN

(1

3

2009

BEFORE

THE

POLLUTIO$T

1

D

OF

THE STATE

OSCO/HENRY

SERVICE

COMPANY,

)

Petitioner,

)

v.

)

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

)

On

May 12,

2009, the

Illinois

EPA

issued

a final

decision

to

the

Petitioner.

2.

On

June 3, 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 May

14, 2009.

RECEVE

CLERK’S

OFFICE

JUN

029O9

STATE

OF

ILLINOIS

Pollution

Control

Board

PCB

No. 09-

\

?

(LUST Appeal’—

Ninety

Day Extension)

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)(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 September

16,

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.

fri

support

thereof,

the

Illinois

EPA respectfully

states

as follows:

1.

(Exhibit

A)

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

ENVIRO1JMENTAL

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: June 5,

2009

This filing

submitted

on

recycled

paper.

2

---

cVED

ERKS

OFFICE

JUN

082009

CERTIFICATE

OF SERVICE

pfATE

o

ution

OF

Control

ILLINOIS

Board

I, the

undersigned attorney

at law, hereby

certify

that

on June 5, 2009, 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 Themault, Acting

Clerk

Greg Howard

Illinois Pollution

Control Board

Gold

Star

FS, Inc.

James

R.

Thompson Center

101 N. East Street

100

West

Randolph Street

P.O. Box

79

Suite 11-500

Cambridge,

IL 6 1238-0079

Chicago,

IL 60601

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)

3

---

101

N. EAST ST. P.O.BOX79•CAMBRiDGE,

IL 61238-0079

OFFICE: 1-800-443-8497

OR

1-309-937-3369

.WEB SITE:

goldstarfs.com

June

3,

2009

Mr. Bill

Ingersoll

Illinois

Environmental

Protection

Agency

Division

of Legal Counsel

1021

North Grand Avenue

East

Springfield,

IL

62794-9276

Subject:

Claim Decision

Letter Dated May 12,

2009

LPC# 0738175002—

Henry

County

Osco/Henry

Service Company

East

Main

Street

LUST Incident # 971741

/

972022

LUST Technical File

Dear

Mr. Ingersoll:

Please

accept

this letter as a

request for a 90-day extension

for the

opportunity to file an

appeal

for the

above-referenced

claim decision letter.

This letter

was received by my

office on May 14,

2009.

Accordingly

we will have

until August 12, 2009

to file for an appeal to

the Illinois

Pollution Control Board,

should

we

choose to pursue that

option.

We are currently

undergoing

negotiations with

the IEPA LUST Department

for disallowed

costs

documented

in the May

12, 2009 letter. Substantial

documentation

has been requested

by the

LUST

department in regard

to the reimbursement

application

associated with the claim.

Additionally,

there is an

issue regarding

an orphan

tank

that was

observed and removed

that

was

at

the edge of the soil contamination

area and

in a downgradient

groundwater flow

direction

from

the contaminant

source

location. While we are

attempting to resolve

these issues

it may

require

more

time

than the current

35-day

period.

Thank

you for your

consideration of

this submittal. Please

confirm to

me

and

our consultant,

Seneca

Environmental

Services, receipt

of this letter. Should

you

have

any

questions

regarding

this letter, please call

me

at (309)

937-5864

Sincerely,

GoMIy

Greg Ho ard

DIS

eLsei

JUN

0

cc:

Seneca

Environmental

Services

nvrQflmflt

Protection

AeflcY

---

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH

GRAND

AVENUE

EAST,

P.O.

Box

19276,

SPRINGFIELD,

ILLINOIS

62794-9276

—

(21

7)

782-2829

JAMES

R.

THOMPSON

CENTER,

100

WEST

RANDOLPH,

SUITE

11-300,

CHICAGO,

IL

60601

-

(312)

814-6026

DOUGLAS

P.

Scorr,

DIRECrOR

217/782-6762

CERTIFIED

MAIL

#

MAY

.1

2

2089

7008 1140

0004

7344

3064

GolclstarFS

Attn:

Greg

Howard

101

N.

East

Street

Cambridge,

Illinois

61238

Re:

LPC#0738175002--HenryCounty

Osco/Henry

Service

East

Main

Street

Incident-Claim

No.:

971741

--56021

Queue

Date:

January

20,

2009

Leaking

UST

FISCAL FILE

Dear

Mr.

Howard:

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 January

6,

2009

and

was

received

by

the

Agency

on

January 20,

2009.

The

application

for payment

covers

the

period

from

October

1,

2008

.to

November 25,

2008.

The

amount

requested

is

$302,622.79.

The

deductible amount

for

this

claim

is

$10,000.00,

which

was

previously

deducted

from

the

billing

submittal

received

by the

Agency

on

November

5, 2001

for

$138,724.55.

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

January

20,

2009,

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

$20,539.22 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.

BUREAU

ROCKFORDOF

COLUNSVII.LE

LAND

-

—4302

PEORIAELGIN

— 2009North

—595

- 7620

MalI

Main

South

N.

Street,

University

Street,State,

Collinsville,

Rockford,

Elgin,

St.,

IL

Peoria,

60123

11.62234

IL 61103

IL

—

61614

(847)

—

—

(618)(815)

—

608-3131(309)

346-5120987-7760693-5462

.

PEORIA

MARION

DES

-

CHAMPAIGN

PLAINES

5415

— 2309W.

N.

- 9511

University

— 2125

Main

W.

HarrisonSouth

St.,

St.,

SuitePeoria,

FirstSt.,

116,

Street,

IL

Des61614—Marion,

Plaines,

Champaign,

IL

(309)

IL

62959

60016—

693-5463

IL

—

61820

(618)(847)

—

993-7200

(217)

294-4000

278-5800

PRINTED

ON

RECYCLED

PAPER

---

Attachment

A

Accounting

Deductions

Re:

LPC

#0738175002

--

Henry

County

Osco/Henry

Service

East

Main

Street

Incident-Claim

No.:

971741

--

56021

Queue

Date:

January

20,

2009

Leaking

UST

FISCAL

FILE

Citations

in

this

attachment

are

from

the Environmental

Protection

Act

(Act)

in effect

prior

to

June

24,

2002,

and

35

Illinois

Administrative

Code

(35

Iii. Adm.

Code).

Item

#

Description

of Deductions

$6,846.41,

deduction

for

costs

associated

with

any

corrective

action

activities,

services,

or

materials

that

were

not accompanied

by

a

copy

of

the

eligibility

and deductibility

decision(s)

made

for the

above-referenced

occurrence(s)

for

accessing

the

Fund

pursuant

to Section

57.8

of

the

Act

and 35

III. Adm.

Code

732.110(a),

732.60

1(b)(3),

and

732.606(s).

No

Office

of

State

Marshal

eligibility

for the

2,000

gallon

fuel

oil

tank

(No.

4)

(#20081612).

An

apportionment

of

costs

eligible

for reimbursement

from

the

UST

Fund

is

being

made

based

upon

the

number

of tanks,

which

is

most

favorable

to

the

owner

or

operator.

Seventy-five

percent

of

the

eligible

costs

will

be

reimbursable;

while

25%

of

the costs

will

be ineligible

due

to

the

ineligible

tank.

Ineligible

costs

are

listed

below:

Personnel

$2,284.69

V

Field

Purchases

&

$1,765.90

V

Other

COStS

Equipment

$

223.75

V

Analysis

$2,160.00

Handling

Charges

$

412.07

V

2.

$98,730.00,

deduction

for costs

that

lack

supporting

documentation.

Such

costs

are

ineligible

for

payment

from

the

Fund

pursuant

to 35

Iii.

Adm.

Code

732.606(gg).

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

ofthe

Act;

therefore,

such

costs

are not

approved

pursuant

to

---

Page

2

Section 57.7(c)(4)(C) of

the Act because

they

may

be

used

for

corrective action activities

in excess of those required to meet the minimum

requirements

of Title

XVI of the

Act.

Seneca Companies

Invoice

No. 633966

dated November 25,

2008:

Disposal

3,291 cubic

yards: No disposal invoices

from

the land farm indicating

the

quantities,

dates and cost of disposal.

3.

$99,881.85,

deduction for costs that lack supporting documentation. Such costs are

ineligible for payment from the Fund pursuant

to

35 Ill.

Adm. Code 732.606(gg).

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)(4)(C) of the Act because they

may

be

used for corrective action

activities

in excess of those required to meet the minimum requirements

of Title XVI of the Act.

American Backhoe Co., Inc.

Invoice

No.

2561

dated

November

10, 2008:

Excavate and transport 3,291 cubic yards soil to larid farm:

No

manifest or

trucking

tickets

indicating the hauler, quantities, dates and costs.

4.

$69,670.47,

deduction for costs that lack supporting

documentation. Such

costs

are

ineligible for paym’ent from the Fund pursuant to 35 Ill. Adm,

Code 732.606(gg). 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)(4)(C)

of

the

Act because

they

may

be used

for

corrective action activities

in excess of those required

to meet the minimum requirements of Title XVI of the Act.

American Backhoe

Co., Inc.

Invoice No. 2561 dated

November 10, 2008

Purchase, haul

and place 3,291 cubic yards backfill. No

invoices

for backfill

indicating

quantities, dates and cost. No trucking tickets

indicating the hauler, dates and cost.

5.

$6,954.84,

adjustment in the

handling charges due

to the deduction(s)

of

ineligible costs.

Such

costs are ineligible for payment from the Fund

pursuant to Section 57.8(f) of the

Act and 35 Ill. Adm. Code 732.607.

A

complete application for payment shall consist of an

accounting

of all costs,

including

but not limited to

invoices, receipts, and supporting

documentation showing

the dates and

descriptions of the work

performed. Backup

documentation needs to be provided

for all

subcontractors performing work.

$282,083.57

Total

Accounting Deductions

SB:mls/092443.doc

V

---

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 fmal

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

Susan

Brock

of my

staff

at 217/782-6762.

Sincerely,

4A

I.

ikJ

John

Sherrill,

Manager

Financial

Management

Unit

Bureau

of

Land

JS

:SB

:mls\092442.doc

Attachment

cc:

Sçneca

cørnpaiues

LCU File

Susan

Brock

Scott

McGill

-- Technical