BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
WOODWORTH
&
SONS, INC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
PCB No.
_
)
(LUST Appeal)
)
)
)
NOTICE OF FILING
To:
Dorothy
M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100
West Randolph Street
Suite
11-500
Chicago, IL
60601
William D. Ingersoll
Managing Attorney
III. Environmental Protection Agency
1021
North Grand Ave. East
Springfield, IL
62702
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.
July
9,2008
WOODWORTH & SONS, INC.
By:
~~L--~
Mandi
L.
C mbs
<
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 Woodworth
&
Sons, Inc.
Electronic Filing - Received, Clerk's Office, July 9, 2008
* * * * * PCB 2009-004 * * * * *
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
WOODWORTH & SONS, INC,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
PCBNo. __
)
(LUST Appeal)
)
)
)
PETITION FOR REVIEW
Pursuant to
§§
40 and 57.8(i) of the Environmental Protection Act ("Act"), to former
§
22.18b(g) of said Act, and to the Board's regulations on Leaking Underground Storage
Tank ("LUST") decisions, 35
ILL. ADM. CODE 105.400
et seq.,
petitioner Woodworth & Sons,
Inc. ("Woodworth") submits this
Petition for Review
of the Illinois Environmental Protection
Agency ("Agency") decision attached hereto as Exhibit 1 ("Decision") denying
Woodworth's reimbursement
of $390,576.11.
Pursuant to
§
57.8(1) of the Act, Woodworth further requests the Board to order the
Agency to pay Woodworth'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 June 5, 2008. It was received by Woodworth
on or about June 9, 2008.
III.
GROUNDS FOR ApPEAL
A.
The Agency's conclusion that the costs were associated with ineligible tanks
under former
§
22.18b(a)(5) of the Act is erroneous, arbitrary, and capricious.
B.
The Agency's denial of the costs associated with the removal of the two
Electronic Filing - Received, Clerk's Office, July 9, 2008
* * * * * PCB 2009-004 * * * * *
10,000-gallon diesel tanks is erroneous, arbitrary, and capricious.
IV.
CONCLUSION.
For the foregoing reasons, petitioner Woodworth & Sons, Inc. respectfully submits
that the Decision should be reversed, the Agency ordered to approve the reimbursement
of $390,576.11, and the Agency ordered to pay Woodworth's attorneys' fees for this
appeal.
July
9,2008
WOODWORTH & SONS, INC.
By:--+---"""-==----+---b-"-~-~-'
_-\--_
~ttorneys
""=
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 Woodworth
&
Sons, Inc.
MandyCombs\USI\Woodworth\Petition for Review.doc
Brenda\USI\Woodworth\Petition
for Review.doc
2
Electronic Filing - Received, Clerk's Office, July 9, 2008
* * * * * PCB 2009-004 * * * * *
•
•••
.
.
ILLINOIS ENVIRONMENTAL
P-ROT~CTION
AGENCY
1021 NORTIi.(jRAND
AvtNUE
EAST,
PD.
Box 19276, SPRINGFIELD, ILLINOIS 62794-9276 - ( 217) 782-3397
JAMES R.
THOMPSON CENTER,
100 WEST
RANDOLPH,
SUITE 11.300. CHICAGO. IL 60601 -'(312) 814-6026
ROD
R.
BLAGOJEVICH, GOVERNOR
DOUGLAS
P.
SCOTT, DIRECTOR
CERTIFIED MAll.
PRINTED
ON
RtC>'ClED PAPl'R
217/782-6762
RECEIVED
JUN
n
C' 2008
1JN
0 5 -BY: __
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7_9_81:._1__
Woodworth
&
Sons, Inc.
Attn:
lack Woodworth
#2 Carlyle Plaza Drive
Belleville, Dlinois
62221
Re:
LPC #0191005005 -- Champaign County
TolonolWoodwortb
&
Sons, me.
400 Woodworth Dr.
Leaking UST lncident #930671
Leaking
UST FISCAL FILE
Dear
Mr. Woodworth:
The Agency has'Completedthe
review ofthe request for reimbursement of corrective action costs
from the illinois Underground
Storage Tank Fwd for the above-referenced facility. The invoices
reviewed covered the period from August 1, 2005
to September 30, 2006. The amount requested
was $390,576.11.
The deductible amount for this claim is $10,000.00.
On
November 7, 2007, the Agency sent a
letter stating that the first request for reimbursement
has
been reviewed and the deductible was
being deducted from that request. Listed in Attachment A are the costs which are not being
reimbursed from this request and the reasons
the costs are not being reimbursed.
On October 27, 2006, the Agency received your complete request for payment for this claim. A5
a result ofthe Agency'sreview ofthis application for payment, a voucher cannot be prepared for
submission to the Comptroller'soffice 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 invoices. An Wlderground
storage tank owner
or operator may appeal this final decision to the nlinois Pollution Control
Board (Board) pursuant to Section 22.18b(g) and Section 40 ofthe Act by filing a petition for a
hearing within 35
days after the date ofissuance ofthe
final
decision. However, the 3S-day
11.00fORO - 4302
Nooh
Main Street, Rockford, IL 61103 - (815) 967-7760
•
DES Pl....
NES - 9511
W,
Harrison St., Des Plaines. Il 60016 -
(847)
~94-4000
ELGIN - 595 South
5lal~,
Elgin. IL 60123 - (847)
b08-3131
'. PEORIA - 5415 N. University 51., Peoria, 1161614 - (309) 693.5463
BUREAV<lF l.ANo. PlOIUA - 7620 N. University 51.. Peoria, Il 61614 - (309) 693-5462
•
CHAMPAIGN- 2125 Soulh FiBI 51lftt, Champaign, Il 61620
-~117)
278-5800
'SPRINGFIELO - 4500 S. 'Sixth Street Rd"
Springfi~ld.
IL 62706 - (217) 786-6892
•
COllINSVILLE - 2009 Mall Street, Coli in.ville, IL 62234 -(.6...
18.)
1134.&-.SIll12~0~~!!,IIIIi.'
MARlON - 2309
W.
Main
51"
Suite 116, Marion, Il6Z9S9 - (616) 993-7200
..
EXHIBIT
1--'-
Electronic Filing - Received, Clerk's Office, July 9, 2008
* * * * * PCB 2009-004 * * * * *
Page 2
period may be extended for a period oftime not to exceed 90 days by written notice :from the
owner or operator and the lllinois EPA within the
initia13S-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
nIinois EPA as soon as possible.
For information regarding the filing
ofan appeal, please contact:
Dorothy Gunn, Clerk
D1inois Pollution Control Board
State ofDlinois Center
100 West Randolph, Suite 11-500
Chicago,
D1inois 60601
312/814-3620
For information regarding the filing ofan extension, please contact:
Dlinois Environmental Protection Agency
Division
ofLegal Counsel
1021 North Grand Avenue East
Springfield, nlinois 62794-9276
217na2-5544
If
you have any questions, please contact Richard Nykiel of my staff at 217/782-6762.
Sincerely,
E. William
~linski,
Manager
Planning and Reporting Section
Bureau
ofLand
EWR:RN:m1s\082114.doc
Attachment
cc:
United Science Industries, Inc.
LCUFile
Richard Nykiel
Electronic Filing - Received, Clerk's Office, July 9, 2008
* * * * * PCB 2009-004 * * * * *
Attachment A
Accounting Deductions
Re:
LPC #0191005005
- Champaign County
TolonolWoodworth
&
Sons, Inc.
400 Woodworth
Dr.
Leaking UST Incident #930671
Leaking UST FISCAL FILE
Item #
Description ofDeductions
1.
5390,576.11, deduction for costs associated with ineligible Tanks (Section
22.18b(a)(5)
ofthe Environmental Protection Act).
The OSFM eligibility for 930671 lists two gasoline
tanks
approved for eligibility.
1-1,000 gallon
tank
and 1-8,200 gallon
tank
The
tanks in
this claim are two 10,000 gallon diesel
tanks
that were not approved for
eligibility
in
the original eligibility letter.
RN:mls\0821OI.doc
--------'----------_.-
..
_-----
.
Electronic Filing - Received, Clerk's Office, July 9, 2008
* * * * * PCB 2009-004 * * * * *
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
Illinois Pollution Control Board
James
R. Thompson Center
100
West Randolph Street
Suite 11-500
Chicago, IL 60601
July
9,2008
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 Woodworth
&
Sons, Inc.
sara\wpdocs\USI-Woodworth\Notice.wpd
William D. Ingersoll
Managing Attorney
III. Environmental Protection Agency
1021 North Grand Ave. East
Springfield, IL 62702
Mandy
L. Combs
Electronic Filing - Received, Clerk's Office, July 9, 2008
* * * * * PCB 2009-004 * * * * *
