5333

BIRCHWOOD

AVENUE

SKOKIE,

IL 60077

2001

Oil Company

June 4, 2009

Illinois

Pollution

Control Board, Clerk

JUN

092009

State

of

Illinois Center

100 W. Randolph,

Suite 11-500

PoII

°‘S

Chicago,

IL 60601

Oard

RE: 2001

Oil

Company Service Station

Lust

8001

Incident

W. Golf

#2008-0626

Road, Niles — Cook

County

(

‘I’

i7

LPC 0312015067

To

Legal Counsel:

As

owner/operator

of the above

referenced site I wish

to

appeal

the

final decision

issued

in the

Agency’s

April

29, 2009 letter

(see attached).

Should

you

have any questions,

please do not hesitate

to contact

me at 847-675-

0005.

Sincerely,

---

Following

are

costs

that

are

not

approved

for

payment

and

the

reasons

the

costs

are

not

approved:

$60,229.30,

deduction

forçosts

for

the

removal,

treatment,

transportation,

and

disposal

of

more

than

four/feet

of

fill

material

from

the

outside

dimensions

of

the

UST,

as

set

forth

in

35

Iii.

Adm.

Code

734.Appendix

C,

during

early

action

activities

conducted

pursuant

to

35

111.

Adm.

Code

734.210(f),

and/or

costs

for

the

replacement

of

contaminated

fill

materials

with

clean

fill

materials

in

excess

of

the

amounts

set

forth

in

35

Ill.

Adm.

Code

734.Appendix

C

during

early

action

activities

conducted

pursuant

to

35

111.

Adm.

Code

734.210(f).

Such

costs

are

ineligible

for

payment

from

the

Fund

pursuant

to

Section

57.6(b)

of

the

Act

and

35

111.

Adm.

Code

734.63

0(a).

2.

$35,968.00,

deduction

for

costs

for

backfill,

which

exceed

the

minimum

requirements

necessary

to

comply

with

the

Act.

Costs

associated

with

site

investigation

and

corrective

action

activities

and

associated

materials

or

services

exceeding

the

minimum

requirements

necessary

to

comply

with

the

Act

are

not

eligible

for

payment

from

the

Fund

pursuant

to

Section

57.7(c)(3)

of

the

Act

and

35

III.

Adm.

Code

734.630(o).

3.

$33,299.20,

deduction

for

costs

for

overburden

removal,

which

exceed

the

minimum

requirements

necessary

to

comply

with

the

Act.

Costs

associated

with

site

investigation

and

corrective

action

activities

and

associated

materials

or

services

exceeding

the

minimum

requirements

necessary

to

comply

with

the

Act

are

not

eligible

for

payment

from

the

Fund

pursuant

to

Section

57.7(c)(3)

of

the

Act

and

35

Ill.

Adm.

Code

734.630(o).

4.

$10,000.00,

deduction

for

costs

for

canopy

and

service

station

removal,

which

exceed

the

minimum

requirements

necessary

to

comply

with

the

Act.

Costs

associated

with

site

investigation

and

corrective

action

activities

and

associated

materials

or

services

exceeding

the

minimum

requirements

necessary

to

comply

with

the

Act

are

not

eligible

for

payment

from

the

Fund

pursuant

to

Section

57.7(c)(3)

of

theAct

and

35

Ill.

Adm.

Code

734.630(o).

5.

$10,034.84,

deduction

for

handling

charges

for

subcontractor

costs

when

the

contractor

has

not

submitted

proof

of

payment

for

subcontractor

costs.

Such

costs

are

ineligible

for

payment

from

the

Fund

pursuant

to

35

111.

Adm.

Code

734.630

(ii).

In

addition,

such

costs

are

not

approved

pursuant

to

Section

57.7(c)(3)

of

the

Act

because

they

are

not

reasonable.

In

addition,

handling

charges

will

not

be

paid

for

subcontractor

costs

that

have

been

billed

directly

to

the

owner

or

operator.

Such

costs

are

ineligible

for

payment

from

the

Fund

pursuant

to

35

111.

Adm.

Code

734.630(hh).

In

addition,

such

costs

are

not

approved

pursuant

to

Section

57.7(c)(3)

of

the

Act

because

they

are

not

reasonable.

---

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(i)

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

thay

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

request

for

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

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,

IL

60601

312/814-3620

---

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH

GRAND

AVENUE

EAST,

P.O.

Box

19276,

SPRINGFIELD,

ILliNOIS

62794-9276

-

(217)

782-2829

JAMES

R.

THoMPsON

CENTER,

100

WEST

RANDOLPH,

Surrr

11-300,

CHICAGO,

IL

60601

-

(312)

814-6026

Doucs

P.

ScoTr,

DIRECTOR

217/782-6762

CERTIFIED

MAIL

#

M292OO9

7008

1140

0004

7344

237

2001

Oil

Company

Michael

Eiserman

5333

Birchwood

Avenue

Skokie,

illinois

60077

Re:

LPC

#0312015067—Cook

County

Niles!

2001

Oil

Company

8001

Golf

Road

Incident-Claim

No.:

20080626—56482

Queue

Date:

March

24,

2009

Leaking

UST

Fiscal

File

Dear

Mr.

Eiserman:

The

illinois

Environmental

Protection

Agency

(Illinois

EPA)

has

completed

the

review

of

your

application

for

payment

from

the

Underground

Storage

Tank

(UST)

Fund

for

the

above-referenced

Leaking

UST

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

734.Subpart

F.

This

application

for

payment

is

dated

March

20,

2009

and

was

received

by

the

Illinois

EPA

on

March

24,

2009.

It

covers

the

period

from

May

7,

2008

to

August

15,

2008.

The

amount

requested

is

$266,776.72.

As

a

result

of

the

Illinois

EPA’s

review

of

the

application

for

payment,

a

voucher

for

$107,245.38

will

be

prepared

for

submission

to

the

Comptroller’s

Office

for

payment

as

funds

become

available

based

upon

the

date

the

Illinois

EPA

received

the

application

for

payment.

Subsequent

applications

for

payment

that

have

been

or

are

submitted

will

be

processed

based

upon

the

date

of

receipt

by

the

Illinois

EPA.

This

constitutes

the

Illinois

EPA’s

final

action

with

regard

to

the

above

application

for

payment.

The

deductible

amount

of

$10,000.00

was

withheld

from

your

payment.

Pursuant

to

Section

57.8(a)(4)

of

the

Act,

any

deductible,

as

determined

pursuant

to

the

Office

of

the

State

Fire

Marshal’s

eligibility

and

deductibility

final

determination

in

accordance

with

Section

57.9

of

the

Act,

shall

be

subtracted

from

any

payment

invoice

paid

to

an

eligible

owner

or

operator.

RocIFoRo

-4302

North

Main

Street,

Rockford,

IL

61103

-

(815)

987-7760

.

Dts

PLAINES

-

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

COLLIN5vILLE

—

2009

MaIl

Street,

CoCIinsviIle,

IL

62234—

(618)

346-5120

.

MARION

—

2309W.

Main

St.,

Suite

116,

Marion,

IL

62959

—

(618)

993-7200

PRNTW

ON

RECYCrsD

PAPER

---

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

require

further

assistance,

please

contact

Brad

Dilbaitis

of

my

staff

at

(217)

785-8378.

Sincerely,

Hemando

A.

Albarracin,

Manager

Leaking

Underground

Storage

Tank

Section

Division

of

Remediation

Management

Bureau

of

Land

HAA:BJD

Attachment:

Appeal

Rights

C:

ISO

Technologies

Leaking

UST

Claims

Unit

---

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH

GRAND

AVENUE

EAST,

P.O.

Box

19276,

SPRINGFIELD,

ILLINOIS

627949276

-

(

217)

782-2829

JAMES

R. THOMPSON CENTER,

100

WEST

R.A\DOLPH,

Suim

11-300,

CHICAGO, IL 60601

— (312)

814-6026

PAT QUINN,

GOVERNOR

DOUGLAS

P.

Scorr,

DIRECTOR

f’)l

‘7’s’7Q’)

c4A

Author’s

Direct

Line:

(217)782-9827

I

1)1 0

..‘T

E-Mail:

william.ineersoll(Eiillinois.gov

(TDD:

217-782-9143)

Telefax: 217-782-9807

May28,

2009

Michael

H.

Eiserman

2001

Oil Company

5333

Birchwood

Avenue

Skokie,

IL 60077

Re:

LPC

#

0312015067—

Cook

County

Niles/2001

Oil

Company

8001

Golf

Road

LUST

Incident No.

20080626

Dear

Mr.

Eiserman:

The Illinois

Environmental

Protection

Agency

(“illinois

EPA”)

is

in receipt

of

your

May

26,

2009

letter

requesting

a 90-day

extension

to

the

35-day

appeal

period

in regards

to

an

April

29,

2009

decision

regarding

the

above

site

and

incident.

The

request

is

DENIED.

It

does

not

appear

likely

that

the

additional

time

would

result

in

a

resolution. The

deadline

for filing

any

appeal

of

this

matter

remains

at

June

8,

2009

based

upon

a May

4,

2009

received

date

of

the

decision.

Sincerely,

William

D.

Ingersoll,

Manager

Enforcement

Programs

cc:

Hernando

Albarracin,

BOL/LUST

BOL

Records

Unit

ROCKEORD

—

4302

North

Main

Street,

Rockford,

IL

61103

— (815)

987-7760

.

Dss

PIAINES

—

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

Mall

Street,

Collinsville,

IL

62234

—

(618)

346-5720

.

MARION

— 2309

W.

Main

St., Suite

116,

Marion,

IL

62959

— (618)

993-7200

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ON

RECYCLED

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