BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
RUSS TAYLOR, d/b/a MAHOMET
)
HEN HOUSE,
)
Petitioner,
)
)
v.
)
PCB No. 07-080
)
(LUST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
NOTICE OF FILING
To:
Dorothy M. Gunn, Clerk
William D. Ingersoll
Illinois Pollution Control Board
Managing Attorney
James R. Thompson Center
Ill. Environmental Protection Agency
100 West Randolph Street
1021 North Grand Ave. East
Suite 11-500
Springfield, IL 62702
Chicago, IL 60601
PLEASE TAKE NOTICE that we have this day filed with the office of the
Clerk of the Pollution Control Board the
Petition for Review
a copy of which is
enclosed herewith and hereby served upon you.
May 23, 2007
Russ Taylor, d/b/a Mahomet Hen House
By: /s/ Mandy L. Combs
Mandy L. Combs
One of its Attorneys
John T. Hundley
Mandy L. Combs
THE SHARP LAW FIRM, P.C.
P.O. Box 906 B 1115 Harrison
Mt. Vernon, IL 62864
618-242-0246
Counsel for Petitioner Russ Taylor, d/b/a Mahomet Hen House
Electronic Filing, Received, Clerk's Office, May 23, 2007
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
RUSS TAYLOR, d/b/a MAHOMET
)
HEN HOUSE,
)
Petitioner,
)
)
v.
)
PCB No. 07-080
)
(LUST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
PETITION FOR REVIEW
Pursuant to §§ 40 and 57.7 of the Environmental Protection Act (“Act”), 415 ILCS 5/40,
5/57.7, and to the Board’s regulations on Leaking Underground Storage Tank (“LUST”)
decisions, 35 ILL. ADM. CODE 105.400
et seq.,
petitioner Russ Taylor d/b/a, Mahomet Hen House
(“Taylor”), submits this Petition for Review of the Illinois Environmental Protection Agency
(“Agency”) decision attached hereto as Exhibit 1 (“Decision”) modifying Taylor’s High Priority
Corrective Action Plan Budget (“Budget”) so as to delete and deny approval of $7,062.74 of
personnel and equipment costs incurred under the LUST program.
Pursuant to § 57.8(l) of the Act, Taylor further requests the Board to order the Agency to
pay Taylor’s legal costs for seeking payment in this appeal.
I.
THE AGENCY’S FINAL DECISION
The Decision of which review is sought is contained in Exhibit 1 hereto.
II. SERVICE OF THE AGENCY’S FINAL DECISION
The Decision indicates it was mailed January 10, 2007. It was received by Taylor January
17, 2007. An order was entered on March 1, 2007, giving Taylor until May 23, 2007 to file a
petition for review. See Exhibit 2.
III. GROUNDS FOR APPEAL
1. The Agency’s conclusion that the personnel and equipment costs are not reasonable
under 415 ILCS 5/57.7(c)(4)(C) is erroneous, arbitrary and capricious.
Electronic Filing, Received, Clerk's Office, May 23, 2007
- 2 -
2. The Agency’s conclusion that such personnel and equipment costs are ineligible for
reimbursement under 35 Ill. Adm. Code 732.606(hh) is erroneous, arbitrary and capricious.
3. The Agency’s denial of the $6,016.02 in costs for personnel associated with
development of institutional controls, billing package review by the Professional Engineer, and
billing package review by the Account Technician due to the lack of supporting documentation
as required under 415 IlCS 57.7(c)(4)(C) and 35 Ill. Adm. Code 732.606(gg) is erroneous,
arbitrary, capricious, and contrary to law.
4. The Agency’s denial of the $594.48 in costs for personnel and equipment associated
with measurements for asphalt replacement due to the costs exceeding the minimum
requirements under 415 IlCS 57.7(c)(4)(C) and 35 Ill. Adm. Code 732.606(o) is erroneous,
arbitrary, capricious, and contrary to law.
IV. CONCLUSION.
For the foregoing reasons, petitioner Russ Taylor, d/b/a Mahomet Hen House, respectfully
petitions the Board to reverse the denial of reimbursement in the amount of $7,062.75 and order
the Agency to pay his attorneys’ fees for this appeal.
May 23, 2007
RUSS TAYLOR, d/b/a MAHOMET HEN HOUSE
By:
/s/ Mandy L. Combs
One of its Attorneys
John T. Hundley
Mandy L. Combs
THE SHARP LAW FIRM, P.C.
P.O. Box 906 – 1115 Harrison
Mt. Vernon, IL 62864
618-242-0246
Counsel for Petitioner Russ Taylor, d/b/a Mahomet Hen House.
sara\wpdocs\USI\Mahomet Hen House\Pet for Review .wpd.
Electronic Filing, Received, Clerk's Office, May 23, 2007
Electronic Filing, Received, Clerk's Office, May 23, 2007
Electronic Filing, Received, Clerk's Office, May 23, 2007
Electronic Filing, Received, Clerk's Office, May 23, 2007
Electronic Filing, Received, Clerk's Office, May 23, 2007
Electronic Filing, Received, Clerk's Office, May 23, 2007
Electronic Filing, Received, Clerk's Office, May 23, 2007
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that I caused copies of the
foregoing document to be served by placement in the United States Post Office
Mail Box at 14
th
& Main Streets in Mt. Vernon, Illinois, before 6:00 p.m. this
date, in sealed envelopes with proper first-class postage affixed, addressed to:
Dorothy M. Gunn, Clerk
William D. Ingersoll
Illinois Pollution Control Board
Managing Attorney
James R. Thompson Center
Ill. Environmental Protection Agency
100 West Randolph Street
1021 North Grand Ave. East
Suite 11-500
Springfield, IL 62702
Chicago, IL 60601
May 23, 2007
/s/ Mandy L. Combs
Mandy L. Combs
John T. Hundley
Mandy L. Combs
THE SHARP LAW FIRM, P.C.
P.O. Box 906 B 1115 Harrison
Mt. Vernon, IL 62864
618-242-0246
Counsel for Petitioner Russ Taylor, d/b/a Mahomet Hen House
sara\wpdocs\USI-Mahomet Hen House\Notice.wpd
Electronic Filing, Received, Clerk's Office, May 23, 2007
