BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
T-TOWN DRIVE THRU, INC.,
)
Petitioner,
)
)
v.
)
PCB No. ______
)
(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.
March 14, 2007
T-TOWN DRIVE THRU, INC.
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 B 1115 Harrison
Mt. Vernon, IL 62864
618-242-0246
Counsel for Petitioner T-Town Drive Thru, Inc.
Electronic Filing, Received, Clerk's Office, March 14, 2007
* * * * * PCB 2007-085 * * * * *
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
T-TOWN DRIVE THRU, INC.,
)
Petitioner,
)
)
v.
)
PCB No. _____
)
(LUST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
PETITION FOR REVIEW
Pursuant to §§ 40 and 57.8(i) of the Environmental Protection Act (“Act”),
415 ILCS 5/40, 5/57.8(i), and to the Board’s regulations on Leaking
Underground Storage Tank (“LUST”) decisions, 35 ILL. ADM. CODE 105.400
et
seq.,
petitioner T-Town Drive Thru, Inc. (“T-Town”) submits this Petition for
Review of the Illinois Environmental Protection Agency (“Agency”) decision
attached hereto as Exhibit 1 (“Decision”) denying T-Town reimbursement for
$8,109.02 in costs incurred under the LUST program.
Pursuant to § 57.8(l) of the Act, T-Town further requests the Board to order
the Agency to pay T-Town’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 March 2, 2007. It was received by T-
Town on March 3, 2007.
Electronic Filing, Received, Clerk's Office, March 14, 2007
* * * * * PCB 2007-085 * * * * *
- 2 -
III. GROUNDS FOR APPEAL
A. The Agency’s contention that T-Town’s analysis costs “lack supporting
documentation” is erroneous, arbitrary and capricious. 35 Ill. Adm. Code
732.601(b)(9) and 734.605(b)(9) state that a complete application for payment
consists of the following elements: ...[A]n accounting of costs, including but not
limited to, invoices, receipts, and supporting documentation showing the dates
and descriptions of the work performed. T-Town in fact submitted the required
documentation, which was ignored by the Agency.
B. The Agency’s contention that it cannot determine if the $8,109.02 will
be used for “corrective action activities in excess of those required to meet the
minimum requirements of Title XVI of the Act” is erroneous, arbitrary and
capricious.
The application at issue was not for a budget but for
reimbursement. The activities already have been performed and the conjecture
by the Agency is both illogical and erroneous.
IV. CONCLUSION.
For the foregoing reasons, petitioner T-Town Drive Thru respectfully
petitions the Board to reverse the denial of reimbursement in the amount of the
$8,109.02 and order the Agency to pay T-Town’s attorneys’ fees for this appeal.
March 14, 2007
T-TOWN DRIVE THRU
By: s/ Mandy L. Combs
One of its Attorneys
Electronic Filing, Received, Clerk's Office, March 14, 2007
* * * * * PCB 2007-085 * * * * *
- 3 -
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 T-Town Drive Thru
sara\wpdocs\\USI -Ttown\Pet for Review .wpd
Electronic Filing, Received, Clerk's Office, March 14, 2007
* * * * * PCB 2007-085 * * * * *
Electronic Filing, Received, Clerk's Office, March 14, 2007
* * * * * PCB 2007-085 * * * * *
Electronic Filing, Received, Clerk's Office, March 14, 2007
* * * * * PCB 2007-085 * * * * *
Electronic Filing, Received, Clerk's Office, March 14, 2007
* * * * * PCB 2007-085 * * * * *
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
March 14, 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 T-Town Drive Thru, Inc.
sara\wpdocs\USI-Ttown\Notice.wpd
Electronic Filing, Received, Clerk's Office, March 14, 2007
* * * * * PCB 2007-085 * * * * *
