CLERK’S
OFFICE
JUL
1
2003
CLER~c’~
9Pi~5~
STATE OF ILLINOIS
JUN
ft4
2003
Pollution Control Board
/
\
BEFORE THE
STA7E OF
ILLINOIS
ILLINOIS POLLUTION CONTROL BOARD
1’°lhélonControl Board
Sd
ILLINOIS
SERVICES, INC.,
)
Petitioner,
PCB-O~l~
V.
(UST Review)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF FILING
To:
See Attached Service List
PLEASE TAKE NOTICE that on June 30, 2Q03, we filed with
the Clerk of the
Illinois Pollution Control Board, 100 West Randolph Street,
James R. Thompson Center~
Suite 11-500,
Chicago, Illinois, 60601 -3218, an original and nine (9) copies of
PETITION FOR REVIEW AND HEARING TO CONTEST THE
UST DECISIONS OF
THE ILLINOIS EPA; a copy of said Petition is attached hereto and hereby served upon
you.
Counsel’s APPEARANCE is also served upon you.
SCI
ILLINOIS SERVICES,
INC.
BYC~
One o
Its A torneys
Andrew H.
Perellis
Lorena S.
Neal
SEYFARTH SHAW
55 East Monroe Street
Suite 4200
Chicago,
Illinois 60603
(312) 346-8000
THIS FILING
IS MADE ON RECYCLED PAPER
CHI
10535338.2
-2-
AFFIDAVIT OF SERVICE
The undersigned, an attorney, states that he caused a copy of the attached:
(i) PETITION FOR REVIEW AND HEARING TO CONTEST THE
UST
DECISIONS OF THE
ILLINOIS EPA,
(ii) APPEARANCE, and
(iii) NOTICE OF FILING,
to be served upon the following by Certified Mail, Return Receipt Requested,
from 55
East Monroe St.,
Chicago,
Illinois
60603, this 30th day of June, 2003:
DMsion of Legal Counsel
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O.
Box 19276
Springfield, Illinois 62794-9276
Andrew H.
Perellis
SUBSCRIBED TO AND SWORN BEFORE ME
THIS -~‘7#DAY
OF
i~i1A/~
,
2003
I~9~tARY
PUBLIC
OFFICIAL
SEAL
JANET M.
POLACEK
NOTARY PUBLIC, STATE OF ILLINOIS
MYCOMMISSION
EXPIRES 3-27-2004
CHI
10535338.2
CLERK’S
OFP~CE
JUL
1
2003RE
CLERI
‘S
C)
CE
STATE OF ILLINOIS
Pollution
Control Boar~UN
02003
BEFORE THE
ST
E OF
ILLINOIS
ILLINOIS POLLUTION CONTROL BOARD
Pollution
Control Board
SCI ILLINOIS SERVICES, INC.,
)
)
Petitioner,
PCB-____
V.
(UST Review)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
)
APPEARANCE
Andrew H. Perellis and Lorena
S.
Neal of the law firm,
SEYFARTH
SHAW,
hereby
enter their appearance as counsel for Petitioner, SCI
Illinois
Services,. Inc.
Andrew H.
Perellis is designated as the lead attorney for purposes of mail and phone contact
pertaining tO this proceeding.
SCI ILLINOIS SERVICES, INC.
By
~
~
By_____
One of Its Attorneys
ne of Its Attorneys
Andrew
H. Perellis
Lorena S.
Neal
SEYFARTH
SI-II\w
55
East Monroe Street
Suite 4200
Chicago,
Illinois 60603
(312) 346-8000
CH1
10535338.2
CLERK~SOFFICE
.~,
BEFORE THE
J~W~4~0~3
ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
Pollution
Control
Board
SCI iLLINOIS SERVICES,
INC.,
)
)
Petitioner,
PCB-____
V.
(UST Review)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR REVIEW AND HEARING
TO CONTEST THE UST DECISIONS OF THE
ILLINOIS EPA
Petitioner,
SCI Illinois Services,
Inc., by its attorneys,
SEYFARTH SHAW,
pursuant to
• Sections 57.7(c)(4)(D) and 40 of the Illinois Environmental
Protection Act (“Act”), 415
ILCS
§~
5157.7 and 5/40, hereby seeks review of: (a) the May 27, 2003 decision of the
Illinois Environmental Protection Agency (“Illinois EPA” or “Agency”) to reject
Respondent’s Site Classification Completion Report and (b) the June
11, 2003 decision
of the Agency to deny reimbursement in
the amount of $29,611.60, and
in support
thereof, states as follows:
1.
Petitioner removed certain underground storage tanks
pursuant to the
requirements of 35
III. Admin. Code Part 732,
and thereafter submitted to the Agency for
its review and approval a Site Classifiéation Completion Report in which the Site was
classified as “No Further Action,”
using
inter alia,
the Physical Soil Classification Method
I, as allowed by rule 35
Ill.
Admin. Code 732.307(c).
2.
The Agency, by letter dated May 27, 2003, rejected the Site Classification
Completion Report.
A copy of the letter is attached hereto as Exhibit A.
The Agency’s
Clii
10535338.2
-2-
•
sole basis for rejecting the
Report was that Petitioner’s Report failed to satisfy certain
criteria under Physical Soil Classification Method
II, specifically,
35
III. Admin. Code
732.307(d)(3)(C) and (D).
As indicated in the preceding
paragraph, Petitioner did not
• attempt to utilize Method II, but instead elected to follow Method
I for determining the
site classification.
3.
Following all of the required criteria under Physical
Soil Classification
Method
I, along with the other required elements of Section 57.7(b)(2) of the Act and 35
Ill. Admin.
Code 732.307,
the Site Classification Completion Report demonstrates that a
“No Further Action” classification is appropriate for the property at issue.
4.
The Agency, by letter dated June
11,
2003, denied reimbursement to
Petitioner in the amount of $29,611.60.
A copy of this denial letter is attached hereto as
Exhibit
B.
The stated basis for the denial is that an approved site classification report
had not been submitted.
The denial letter further states that once an approved site
classification report has been submitted, this claim will
be processed.
Petitioner
believes the Site Classification Completion Report it submitted should
have been
approved by the Agency, and that,
accordingly, the denial of the reimbursement claim
was improper.
REQUESTED RELIEF
WHEREFORE,
SCI
Illinois Services, Inc. respectfully requests that the Board:
a.
grant a hearing to review the decision of the Agency;
b.
determine that the Agency erred
in rejecting the Site Classification
Completion Report;
c.
determine that the appropriate classification for this site is “No Further
Action;”
Clii
10535338.2
-3-
d.
determine that the Agency erred in
rejecting the Petitioner’s claim for
reimbursement in the amount of $29,611.60;
e.
order the Agency to pay the claim for reimbursement;
f.
grant Petitioner the costs of litigation, including attorney fees;
and
g.
grant such other relief as this Board deems appropriate.
•
Respectfully submitted,
SCI ILLINOIS SERVICES,
INC.
By________
•
•
One of Its A
orneys
Andrew H.
Perellis
Lorena S.
Neal
SEYFARTH
SIIAw
55 E.
Monroe St.,
Suite 4200
Chicago,
Illinois 60603
(312) 346-8000
CHi
10535338.2
EXHIBII
,e5/29/2003
15:31
847-255-3985
MEMORY
GARDENS
•
ILUNOIS
ENVIRONMENTAL PROTECTION AGENC’I
1021
NoRm
GR,~t.4O
AvkNLJ~
~
P.O.
13c~
19276.
SPR
flUI~~ji’..~Ic
627g4-9276
•
IAM~
R.
THOMPSON
CENTCR.
100
WEST
RAN(~OI.PI.t~
Sum
11 .3Q()
CHICAW, II
60601
Roo
R.
8LAGOt~vlcf
I,
GOVERNOR
R?N~CIPgu\No,
DIRECTOR
•
•
217/782-~762.
.
CERTIFIED MAIL
?00~ 3150
0000
1223
0?32
MAY212~fl3
•
•
•
•
Memory Gardens Cetnetery
Attn: Ron (3raeff
2501
East Euclid Avenue
Arlington
Heights,
Illinois 60004
Re:
LPC #0314035310
--
Cook County
Arlington Heights/Memory Gardens
Cemetery
2501
East Euclid Avenue
.
LUST Incident No. 990286
LUST Technical File
•
Dear
Mr. Graeff~
The
Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Site
classification Completion Report (repol:t) submitted for theabove-referenced incident.
This report, dated March
5,,
2003, was received by the IllinoIs EPA on March
7,
2003.
Citations In this letter are from the Environmental Protection Act (Act) and 35
Illinois
.Administratjve
Code
(35
III. Adrn. Code).
The Site Classification Completion Report isrejected for the following reason(s) (Section
57.7(b)(l) ofthe
Act;
35
111. Adni.
Code
732.309(b)
or 732.312(j) and 732.503(b)):
Thesite failed to
satisfy
the criteria ofSection 732.307(d)(3)(C)&(D) to be considered
No
FurthetAction.
The site appears to meet the criteria ofLow Priority.
Pursuant to
35
lii.
Adm. Code 732.301, a Site Classification Completion Report must be
submitted within 90
days
ofthe date othis
letter to:
Illinois Environmental Protection Agency
Bureau of Land
-
#24.
Leaking Underground Storage Tank Section
1021 North Grand Avenue
East
Post Office Box
19276
Sprin~fieId,
IL
62794-9276
Please submit alt txnrespondence In duplicate and include the
Re:
block shown at the
•
beginning ofthis letter.
—
4302 N~u1h
Maui
Streei,
Roekiurd.
IL 6110.1—18153 987-7760
•
Ot~P~
—
951 I
W. H~r~t~
St. Oe~
(‘I~In~.
3L 60016 —(8471 2~4.40O0
£tc.u’~
—595 South S~ato,
EIgin, IL
6012) —(847) 608-3131
*
Ptcgl,~—
5415
N.
linivertliy
SI.. Paori?,
II. ~,uj14
—130~i693-5463
8uac~u
o~
L,~uo
-
l”~ORIA
—
7620 N. Un~vers~y
Si, Pe0ri~,
II. 61614
-
13093 693-5462
•
21 IS South ~
S1r~ot.Chamo~n,
IL 61820 —12173 27$-~600
—
45005.
Shdh
Sfr~et
Rd., 5prIt~gIicid.
IL 62706 —(217) 786-68~2
CoLtw~sVIL:~
—
2009
MalI
Sttect, CoIIin~t~i1I~,
IL
62234
—
(6I~)
346-S120
•
—
2300W.
Main Si.
SuiU~
1
lh,
Marion.
IL 62959
—
(6183 9~3-7200
•
05/29/2083
15:31
847-255—3985
MEMORY
G(~RDENS
-
-
Pi~C±.U~I/U4
Page 2
An
underground
storage tank system owner or operatormay appeal
this
decision to the
Illinois Pollution Control Board.
Appeal rights arc attached.
If you have any questions or,need thrther assistance, please contact Matthew Urish, P.G.
• at 217/782-6762.
-
Sincerely,
Michael
.
Lowder
Unit Manager
Lealdng
Underground Storage Tank Section
Divisionof Remediation Management
Bureau of
Land
MTL:mu
Attachment:
Appeal Rights
C:
Tony
Bush.
United Environmental Consultants. Inc.
Division File
05/29/2083
15:31
847-255—3985
M~JV1UIY
1.J~.1’1~
-
I~~t
~
-
Appeal Rights
An underground storage tank owner or operator may appeal this final decision to the
Illinois Pollution Control Board
pursuant
to Sections40 and 57.7(c)(4)(D)ofthe Act by
filing a petition fora hearing within
35
days after the date ofissuance of the final
decision.
However, the 35-day period may be extended for a period oftime not to exceed
90 days by written notice from the owneror operator and the Illinois EPA within the
initial
35-day appeal period,
lIthe owner or operatorwishes to receive a 90-day
extension., a written request
that
includes a
statement
ofthe date
the
final decisionwas
received, along with a copyofthis decision, must be sent to the Illinois EPA as soon as
possible.
For information
regarding
thefiling ofan
appeal,
please
contact:
Dorothy Giinn, Clerk
Illinois Pollution
Control
Board
.
-
State ofIllinois Center
100 WestRandolph, Suite 11-500
Chicago,JL
60601
-
312/814-3620
For information regarding
the filing ofan extension, please contact:
Illinois Environmental Protection Agency
Divisionof
Legal
Counsel
1021 North
Grand
Avenue East
Post
Office
Box 19276
Springfield1 IL
62794-9276
217/782-5544
‘4
JlJtf-25—2003
WED
02:12
Ff1
UNITED ENVIRONIIENThL
•
F1~XNO.
8473598755
EXHIBIT
-
iLLINOIS
ENVIRONMENTAL
PROTECTiON
AGENCY
—
~
1021
NORTH GRAND
AVENUE EAST4
P.O.
Box
19276,,
SPl~LNCflELO,ILLINOIS
62794-9276
JAMES
R.
TI-IQMPSON
CENTER,
100 W?sr Rit.IOOLPH, SuITE
11-300,
CHICAGO,
1160601
Roo
R.
BLAGOJEVKI~,GoVERr.~oR
REuSE
CIPRIMio, DIRECTOR
217/782-6762
•
JUN11
2003
-
Memory Gardens Cemetery
Attention:
Ron Graeff
2501 EastEuclid
Arlington
Heights.
IL 60004
Re:
LPC#0314035310—CookCounty
Arlington Heights/Memory Gardens Cemetery, Inc.
-
2501 East
I~uclid
LUST IncidentNo. 990286
-
•
LOST HSCAL FILE
Dear Mr. Graeff:
The Illinois Environmental Protection Agency has completedthe review ofyour
application for
payment from the Underground Storage Tank Fund for the above-referenced LUST incident
pursuantto Section 57.8(a) ofthe Illinois Environmental Protection Act (Act), and
35
UI. Adni,
Code 732, Subpart F.
This information is dated February 12,2003 and was
received
by the
Agency on March 26,
2003.
The application for payment covers theperiod from August 1, 2003
to February 14,2003.
Theamount requested is $29,611.60.
The deductible amount forthis claim is $10,000.00,
which
waspreviouslydeducted from the
billing submittal received by the Agency on August
14,2002 for$26,485.07.
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 May 27, 2003, the Agency received your complete application forpayment for this claim..
As a result
of the
Agency’s review ofthis application forpayment, a voucher cannot be prepared
for submission to the Comptroller’s office 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.
An underground storage tank owner oroperatormay appeal this final decision to the Illinois
Pollution Control Board (Board) pursuant to Section.57.8(i) and Section 40 ofthe Act by filing a
petition for a hearing-within
35
days after the date ofissuanceofthe final decision.
However,
the 35-day periodmay be extended fora period oftime not to exceed 90 days by written notice
from the owner or operator and tile Illinois EPA withinthe initial 35-thy appeal period. Ifthe
Rocx~cntn—4302
Nwth
Main
Street.
Roekiord.I1
61103 —(8151987.7760
•
Ots
P,..ee~CS—
9511W.
Harrison
Si.
Des
Plairtes, 8.60016—1047129+4000
-
—
5~5
South
State. ElgIn.
8.60123—18471608-3131
•
PEOsIA
—
541.5
N.
University St.. Peoru.
IL 61614
—(309)
693-5463
~
L~r—o
-
Pton~
—7620
N. Universily Si. Peoria.
IL 61
614—t3091
693-5462
•
C
.,MGrc —2125
South
First
Street,
Champ~gn.
IL 61820—(217) 278-5800
S’itr~Cn?Lo—
4500
S.
Sixth
Street Rd..
Sprin~iield,
II 62706 —121 ~
~86-6892
•
CC)LUNSV1LU
-
2009
MaIl
Street. Callinsvilk,
IL 62234— (618k 346-5120
—
2309W.
Main St.. Suite
116, MariOn, 3. 42959 ..-(61 8) 993.7300
or-s
RE(YCLtO
P’.?tR
JIJN—25--2003
WED
O?:13
PH
UNITED
ENVIRONNENT(IL
FI~XNO.
8473588755
P.
03
Pag~2
applicant wishies to receive a 90-day extension, a written requestthat includes a statementofthe
date
the
final decision
was received, along with a copy ofthis decision, must be
sent
to the
Illinois EPA as soonas possible.
For information regardingthe filing of an appeal, please contact:
Dorothy Gunn, Clerk
Illinois
Pollution
Control Board
State
of
illinois
Center
100
WestRandolph, Suite 11-500
Chicago,
illinois
60601
312/814-3620
-
-
For
informationregarding
the
filing ofan extension, please
contact:
Illinois Environmental Protection
Agency
Division of
Legal Counsel
1021 North GrandAvenue East
Springfield. Illinois
62794-9276
217/782-5544
Ifyou have
any questions or requirefurther assistance, please
contact Doug Tolan of my
sl~iff
at 217/782-6762.
Sincerely.
Douglas B. Oakley, Manager
LUST
Claims
Unit
Planning
&
Reporting Section
Bureau ofLand
DEO:DT:jk\032052.doc
Attachment
-
cc:
United Environmental Consultants,
Inc.
JUN—25-2003
WED
02:13
P11
UNiTED
ENVIRONHENThL
F1~XNO.
8473588755
-
P.
04
Attachment
A
Accounting Deductions
-
R~:
LPC#0314035310—CookCounty
-
ArlingtonHeights/Memory Gardens Cemetery, Inc.
2501 East
Euclid
LUST Incident No. 990286
-
LUST
Fiscal
File
Citations in this attachment are
from
and the Environmental Protection Act (Act) and 35 Illinois
Administrative Code (35 111
Mm.
Code).
•
Item ~/
Description ofDeductions
1.
$29,611.60, deduction forcosts lacking supporting documentation.
Anapproved site
classification completion report hasnot beensubmiWed.
(Section
57.5(a)
ofthe Act;
-
35
IlL Adm. Code
732.505(c)
and 732.606(gg))
a)
The Site Classification CompletionReport (SCCR) submitted was denied
•
May 27, 2003.
No
approved
SCCkhasbeen submitted to date.
b)
.
Once an appreved SCCR has been submitted this claim will be re-reviewed
and the processing completed.
Uponreceiving an Agency SCCR approval
letter, please notify
Doug
Tolan at217/524-1281.
-
DEO:DT:jk\032052.doc
-
RECEIVED
CLER1~S
~F~V’~v
JUL
12003
•
•
STATE OF ILLINOI
•
ILLINOIS
POLLUTION
CONTROL
Bo~i~1~c
Control B
I
MEMORANDUM
TO:
Board Members
FROM:
John Therriault, Clerk’s
Offic
RE:
PCB 2004-001,
SCI Illinois
Services, Inc.
v.
JEPA
This
petition, with
a
$75.00 filing fee, was submitted seeking review
of (a) the May
27,
2003,
decision
of
the
Agency
to
reject
Respondent’s
Site
Classification
Completion
Report
and
(b)
the
June
11,
2003,
decision
of the Agency to deny
reimbursement.
Since the petition was received
after 4:30
pm
on June
30,
2003,
it
was assigned a docket number of
PCB 2004-001.
-
Because
the petition was submitted appealing two, separate Agency decisions,
I
have advised the attorney for the
Petitioner that the Board will accept the May
27,
2003, letter as the
decision
being appealed
as case
PCB 2004-001,
but
that
he will need to repetition the Board to review the June
11, 2003 decision with the
appropriate filing fee.
We understand that the cases may be consolidated, but
they
must
still
be
submitted
separately since
two
separate
decisions
are
being
appealed.
I am not reserving
a docket number for the petition appealing the June
11,
2003,
Agency decision.