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IL

STATE OFILLINOIS

Petition~rJ

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Pollution

Control Board

PCB 04-

(UST Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

NOTICE OF FILING

AND

PROOF OF SERVICE

TO:

Renee Cipriano,

Director

Illinois Environmental

Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield,

IL 62794-9276

PLEASE TAKE NOTICE that on July

7,

2003,

we sent to the

Clerk of the Illinois Pollution Control Board the originals and

nine

(9)

copies each, via U.S. Mail,

of Petition for Review of

Underground Storage Tank Fund Determination,

for filing in the

above-entitled cause,

copies of which are attached hereto.

The undersigned hereby certifies that true and correct

copies of the Notice of Filing,

together with copies of the

documents described above,

were served upon the Respondent by

enclosing same in envelopes addressed to said Respondent,

certified mail,

return receipt requested,

and by depositing said

envelopes in a United States Post Office Mail Box at Springfield,

Illinois, with postage fully prepaid, on the ~

of July,

2003,

and that courtesy copies of same were sent on same date,

by U.S.

Mail, postage fully prepaid,

to the attorney of record for

Respondent,

to-wit:

John J. Kim

Special Assistant Attorney General

Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

PLO. Box 19276

Springfield,

IL 62794-9276

MOHAN, ALEWELT,

PRILLANAN &

1 North Old Capitol

Plaza,

Suite 325

Springfield,

IL 62701

Phone:

(217)

528-2517

THIS FILING SUBMITTED ON RECYCLED PAPER

~-

O

A

Ln

---

REC~~VED

CLERK’S OFFICE

BEFORE

THE

L

BOARD

JUL

92003

LINCOLN

LAND

FS,

INC.

STATE

OF

ILLINOIS

Pollutjo,~Control Board

Petitioner,

v.

PCB 04-

(UST Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

PETITION FOR REVIEW OF

UNDERGROUND

STORAGE TANX

FUND

DETERMINATION

NOW COMES Petitioner, LINCOLN LAND FS,

INC., by its

undersigned attorneys,

and pursuant to 415 ILCS 5/40 and 57.7,

and 35

Ill.

Adm.

Code 105.204, hereby petitions the Pollution

Control Board for review of the final determination of

Respondent,

Illinois Environmental Protection Agency

(“Agency”),

with respect

to the Agency’s May 29,

2003,

deductions from the

Petitioner’s reimbursement request for activities under the

Illinois Underground Storage Tank Fund

(“UST Fund”).

In support,

Petitioner states:

1.

Petitioner

is

the

owner

of

a

gasoline

service

station

located at ~

& Jefferson,

Petersburg, Menard County,

Illinois.

This facility has been designated LPC #1290205006 by the Agency.

2.

Petitioner notified the Illinois Emergency Management

Agency

(“IEMA”)

of a release of petroleum from an underground

storage tank (“UST”)

at the facility,

to which IEMA assigned

Incident

No.

900689.

3.

On or about May

2,

2003,

Petitioner filed an application

for reimbursement for corrective action costs incurred to

remediate the petroleum release.

)

)

)

)

---

4

On or about May 29, 2003,

the Agency rendered its final

determination on Petitioner’s request for reimbursement.

A true

and correct copy of the subject Agency decision is attached

hereto and made part hereof as Exhibit A.

5.

Petitioner prays that the Board reverse the Agency’s

final determination with respect to the disallowed handling

charges, and restore those cuts.

6.

The Agency’s rejection of such handling charges are

contrary to both the law and Agency precedent,

inasmuch as the

handling charges are reasonable and necessary for the work to be

performed.

7.

Petitioner also appeals from the other portions of the

May 29,

2003,

determination letter, deducting costs that

allegedly exceed approved budget amounts and deducting costs

allegedly calculated in error.

8.

Petitioner reserves the right to present additional

grounds for reversal of the Agency’s final reimbursement

determination with respect to the disallowed handling charges, as

they may appear during the course of this appeal.

WHEREFORE,

Petitioner respectfully requests that this Board

grant a hearing in this matter and reverse the Agency’s May 29,

2003,

deductions from the Petitioner’s reimbursement request and

remand this matter to the Agency with instructions

to approve the

-2-

---

application

for

payment

as submitted, and any other such relief

as the Board deems appropriate.

Respectfully submitted,

LINCOLN LAND FS,

INC.,

Petitioner

By MO

By

MOHAN,

ALEWELT,

PRILLANAN

&

ADANI

1

North Old Capitol Plaza

Suite 325

Springfield,

IL 62701

Phone:

(217)

528-2517

C:\MAPA\CDAVIS\Lincoln

Land

FS\Petitian

for

Review.wpd

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7/7/03

&

ADANI

.11aman

-3-

---

JUN

03

2003

11:05AM

HP

LASERJET

3200

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NoRm GRAND

AVENUE

EAST,

P.O.

Box

1 9276,

SPRINGFIELD,

IWNOIS

62794-9276

jAMES R.

THOMPSON CENTER,

100

WEST

RANDOLPh,

SLHTE

1

1-300,

CI-IICAGO,

1L 60601

Roo

R.

B.AGOJEvICH, GOVERNOR

RCNEE ~

DIRECrOR

MAY29

2003

Lincoln Lan~1

FS

Attention: Ron

Mowen

701 Henry Street, Post Office Box 667

Jacksonville, IL

62650

Re:

LPC #1290205006

Menard County

Petersburg/LincolnLand FS Inc.

6th & Jefferson

LUST Incident No. 900689

S

LUST FISCAL FILE

DeaT Mr. Mowen:

TheIllinois Environmental Protection Agency has’ completedthe’review ofyour application for

payment from the Underground Storage Tank Fund for the above-referenced LUST incident

pursuant to Section

57.8(a) ofthe Illinois Environmental Protection Act (Act), and

35

III. Adm.

Code

732,

Subpart F.

This information is dated May 2, 2003 and was received by theAgency on

May

~.

2003.

The application for payment covers the period from August 19, 2002 to. March 6,

2003.

The amount requested is $76,014.93.

The deductible amount for this claim is $15,000.00, which was previously deducted from the

Invoice Voucher dated March 22. 1991.

Listed in Attachment A are the.costswhich arenot

being paid and the reasons these costs are not being paid.

On May 7, 2003,

the

Agency received your complete application for payment forthis

claim.

As

a result ofthe Agency’s review ofthis

application

forpayment. a voucher for $69,218.97

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 ofthis 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.

An underground storage

tank

owner or operator may appeal

this

final decision to ihe illinois

Pollution Control

Board (Board) pursuant to Section

578(i)

and Section 40 ofthe Act by filing a

petition

for

a hearing within

35

days afterthe date of issuance ofthe

final

decision.

However,

the

35-day

period may

be extended for a period oftime not to exceed 90 days

by *ritten notice

CKFORT)

—

4502 North

Ma(n

Street,

Rock(orn

IL

61103

—

(El 5~

967.7760

•

DESP~ir’~tS

—

951

W.

Hartisdn

St.., De~

P(ar,es,

11600(6—1847)

294.4000

—

595

Si,uth

Stale.

FIRm.

IL

60123

—

(6471 608-3131

•

I’rcsw~

-5415

N. UniversIty SI., P~or(a,IL 61614—

(309)

693-5463

~IJOF

~‘.“t1)

-

—

702(1 N

ljniversity5t., Peoria,

IL

61614 —(309(093-5462

•

OIAMPA,c.N

—

2125 South

First

Street, Ch,impaign,

IL 61820—(217)2Th—5800

—45005. Sixth

SIrs’e(

Rd..

Sprin~itield,Ii

62706— (~1

7) 766-0892

*

COLLINSvI’.LE

—

2009 MaIl Street,

Coflinoville, 1L62234

—

(618)346.5120

MARION

—

2309W. Main

St.,

Suite

16, Marion,

IL

62959

(618)993.7200

PSI,.,

rEt)

oe

R,cy,

~f~/7~

‘4

217/782-6762

---

JUN

03 2003

i1.:O5AM

HP

LASERJET

3200

P.7

-

Attachment A

Accounting Deductions

Re:

LPC #1290205006

—

Menard County

S

Petersburg/LincolnLand FS Inc.

6th & Jefferson

LUST Incident No. 900689

LUST Fiscal File

Citations in this attachment are from and the Environmental Protection Act (Act) and 35 Illinois

Administrative

Code (35 III. Adm. Code).

..

-

S

Item #

Description ofDeductions

$2,718.32,

deduction for costs associatedwith High Priority site activities.

The

-

billings submitted exceed the approved budget amounts.

The Illinois EPA is unableto

approve billings that exceed the approved budgetamounts.

(Section 57.8(a)(1) ofthe

Act and 35 Iii. Adm. Code 732.601(f))

The amount requested forInvestigation Costs

($5~348.05)

exceeds the balance of this

line item in the Agency-approved High Priority Budget.

The original amount

approved for Investigation Costs was $12,691.93.

From the billing submittal received

on October 2, 2002 for $207,630.79, the amount applied to this line item was

$10,062.20. leaving a balance of$2,629.73.

2.

.

$1,279.80, deduction for costs due to a mathematical error.

(Section

57.7(c)(4)(C)

of

the Act and 35111. Adm. Code 732.606(ff))

The amount requested forAnalysis Costs is being reduced.

Pages F-i

and F-2 total

only $15,032.20, not $16,312.00 as requested.

3.

$2J97.84, deduction for costs which are unreasonable as submitted.

(Section

57.7(c)(4)(C)

ofthe Act and 35

111.

Adm.

Code 732.606(hh))

Handling Charges are being reduced for the following reasons:

I.

Costs on which handling charges are claimed must have accompanying

receipts/invoices.

There was no receipt forthe UPS charge of

$3.25,

billed on

CSD Environmental Services lnc~

Invoice #3728.

2,

The handling charges associated with Heartland Drilling

&

Rernediation

Invoices #133 and #143 are disallowed due to the contractor (CSD) having a

direct or indirect financial interest in the subcontractor (Heartland Drilling &

Rernediation).

Since CSD

Environmental Services Inc.

and Heartland Drilling

&

Remediation are both owned by the same entity, it is the Agency’s position

that handling charges are not warranted.

DEO:NM:jk\032 I 73.doc

---

MOHAN,

ALEWELT,

PRILLAMAN

&

ADAMI

rILAWYERS

115UITE325

JUL

~

EDWARD J.

ALEWELT

~

~~J~~TI1I

OLD CAPITOL

PLAZA

JAM~1~O0~kQ~

FRED

C.

PRILLAMAN

~i~10~

62701-1323

‘E~0’

Board

PAUL E. ADAMI

528-2 517

CHERYL S.

NEAL

FAX

PATRICK D

SHAW

(217) 528-2553

JOEL A.

BENOIT

E-MAIL

CHRISTOPHER

D.

OSWALD

mapa@famiIy~net.net

ADMITTED

IN

MISSOURI

July

7,

2

0 03

Dorothy Gunn,

Clerk

Illinois Pollution Control Board

State of Illinois Center

100

W. Randolph Street

Suite 11-500

Chicago,

IL 60601

Re:

Lincoln Land FS,

Inc.

v.

IEPA,

PCB 04-

)

(UST

Appeal)

Dear Dorothy:

Enclosed please find the original and nine

(9)

copies of

Petition for Review of Underground Storage Tank Fund

Determination,

along with our check payable in the sum of $75.00

for the filing

fee.

Kindly file the Petition on behalf of our

client, Lincoln Land FS,

Inc.

Thank you.

Very truly yours,

MOHAN,

ALEWELT,

PRILLAMAN

&

ADAMI

By

Fred C. Prillaman

FCP/sew

Enclosure

cc:

Renee Cipriano

John Kim

C\MAPA\CDAVIs\Lincoln

land

FS\Gunn

070703.wpd

ann