RC~K~OFF~
ORIGINAL JAN032005
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
HAROLD HART SERVICE,
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
PCB 05-61
)
(LUST Appeal)
)
)
)
)
NOTICE OF FILING
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Rando1p’h~Street
Suite 11-500
Chicago, IL 60601
JohnJ. Kim
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, IL 62794-9276
PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the
Pollution Control Board a NOTICE OF APPEAL, copies ofwhich are herewith served upon you.
Respeo Ily submitted,
BYRv~
PENTNT
4StL~.rl~
S LIVINGSTON
7~
Attorney for the Plaintiffs
Attorney#06 196480
4972 Benchmark Centre, Suite 100
Swansea, IL 62226
Phone: 618/628-7700; Fax: 618/628-7710
STP~ThOF tLLIt’~O~S
poUuttOn
COfltr0~Board
REC~VED
0 R I G I N
A
L
CLERKS OFFICE
Before the Pollution Control Board
STATE OF ILUNOIS
State of Illinois
Pollution Control Board
Harold
Hart
Service,
)
)
Petitioner,
)
)
v.
)
PCB
05-6
1
)
(LUST Appeal)
Illinois Environmental
)
Protection Agency,
)
)
Respondent.
)
Notice of Appeal
NOW COMES Harold Hart Service, by and through his attorney,
Penni S.
Livingston and
hereby files Notice of Appeal ofthe Illinois Environmental Protection Agency decisionregarding
application forpayment from the Underground Storage Tank Fund for LUST Incident #981766 at
LPC#1 19-0105-061 pursuantto Section40 and Section 57.8 ofthe illinois Environmental Protection
Act, 415 ILCS 5/40,
57.8
and 35111. Adm. Code 732. In Support ofits filing ofNotice ofAppeal,
the Petitioner states as follow:
1. Applicationfor reimbursementfrom the UndergroundStorage Tank Fund was applied for
on September 14, 1999. Application forpayment covers the period ofAugust26, 1998 to November
17, 1998. The amount requested was $31,024.20 with a deductible determined at $15,000.
2. Application was deemed complete on July 14, 2004 and was promptly denied on August
19, 2004.
3. On September 28,
2004, the parties filed a joint notice of extension of appeal period
which
was granted on October 7, 2204
with
the deadline for appeal being December 27, 2004.
4. This appeal follows and
is timely filed on the deadline date. Petitioner appeals the
Agency’s denial of reimbursement from the Underground Storage
Tank Fund
as denial of
reimbursement was improper. Harold
Hart
is entitled to reimbursement.
5.
While Mr. Hart
holds hope to resolve differences with the Agency
and
provide additional
information, this being the last day for appeal, appeal had to be filed for reservation of rights.
Petitioner does not object to an Agency continuance for time of the filing of the record for this
reason.
6. Petitioner appealsthe Agency’s denial ofreimbursementforcosts ofactivities associated
with early action pursuant to Section
57.6(b)
ofthe Act. Other relevant provisions include Section
57.7(a)(1)(B)
ofthe Act and 35 Iii. Adm. Code 732.305(b)(1) and (c) and 732.602.
7. Issues may also exist with respect to the Agency’s determination concerning the budget
associated with a corrective action plan submitted for a high priority site pursuant to Section
57.7(c)(l)(B)
ofthe Act and 35 Iii. Adm. Code 732.405(b) and 732.503(b) and (f).
WHEREFORE, for all these reasons, appeal is hereby filed.
Respectfully submitted,
PENNI S. LIVINGSTON
Attorney for the Plaintiffs
Attorney #06196480
4972 Benchmark Centre, Suite 100
Swansea, IL 62226
Phone: 618/628-7700;
Fax:
618/628-7710
n
ILLINOIS ENVIRONMENTAL PROTECT1Otc~AGENCY
1021 NORTH GRAND AVENUE EAST, P.O.
Box 19276,
SPRINC9ELD, 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
RENEE CIPRIAN0, DIRECTOR
217/782-6762
RECEIVED
AUG
~i3~4
AUG 1
Harold Hart Service
2605
College Avenue
Alton, Illinois 62002
Re:
LPC #1190105061
--
Madison County
AltonfHarold Hart Service
2605 College Avenue
LUST Incident No. 981766
LUST FISCAL FILE
-
DearMi.Hart:.,,
~
The ilhnois Environmental Protection Agency hascompleted the review ofyour application for
payment from the Underground Storage Tank Fund forthe above-referenced LUST incident
pursuant to Section
57.8(a)
ofthe Illinois Environmental Protection Act (Act), and 35 111. Adm.
Code 732, Subpart F. This information is dated July 12, 2004 and was received by the Agency on
September 14, 1999. The application for payment covers the period from August 26, 1998 to
November 17., 1998. The amount requested is $31,024.20.
The deductible amount to be assessed on this claim is $15,000.00, which is being deducted from
this payment. In addition to the deductible, 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 July 14, 2004, the Agency received your complete application for payment for this claim. As
a result ofthe Agency’s review ofthis application for payment, a voucher cannot be prepared for
submission to the Comptroller’s office for payment. Subsequent applications for payment that
have beenlare submitted will be proce~sedbased 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 tdthe 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 ofissuance ofthe fmal decision. However, the
35-day period may be extended for a period oftime not to exceed 90 days by written notice from
the owner or operator and the Illinois EPA within the initial 35-day appeal period. Ifthe
ROCKFORD
—4302
North
Main Street, Rockford, IL 61103 — (815) 987-7760
•
Dts
PLAINES
— 9511 W.
Harrison
St., Des Plaines, IL 60016— (847) 294-4000
ELOIN
— 595
South
State,
Elgin, IL 60123— (847) 608-3131
•
PEORIA
— 5415 N. University St., Peoria, IL 61614— (309) 693-5463
BUREAU OF LAND
-
PEORIA —7620
N. University St., Peoria, IL 61614— (309) 693-5462 •
CH~jPAIcN
— 2125 South First Sireet, Champaign, IL 61820 — (217) 278-5800
SPRINCFIELD
—4500 S. Sixth Street Rd., Springfield, IL 62706 — (217) 786-6892
•
COLLINSVILLE —2009 Ma)) Street,
Collinsvi)Ie, IL 62234 — (618) 346-5120
MARIoN —2309
W.
Main
St.,
Suite 116, Marion,
162959— (618) 993-7200
PRINTED ON RECYCLEDPAPER
Page 2
applicant wishes to receive a 90-day extension, a written request that includes a
statement ofthe
date the final decision was received, along with a copy ofthis decision, must be sent to the
Illinois EPA as soon as possible.
For information regarding the filing ofan appeal, please contact:
Dorothy
Gunn, Clerk
illinois Pollution Control Board
State of Illinois Center
100 West
Randolph, Suite 11-500
Chicago, Illinois 60601
312/814-3620
For information regarding the filing
of
an extension, please contact:
illinois Environmental Protection Agency
Division ofLegal Counsel
1021 North Grand Avenue East
Springfield, illinois 62794-9276
217/782-5544
If you have any
questions
or require
further
assistance,
please contactLienra llackman of
my
staff at 217/782-6762.
DEO:LH:ct\04 1443 .doc
Attachment
cc:
Safety Partners, Inc.
Christina E. Manuel
/
~1
E. Oakley, Manager
LUST Claims Unit
Planning & Reporting
Bureau ofLand
Attachment A
AccountingDeductions
Re:
LPC #1190105061
--
Madison County
Alton/Harold Hart Service
2605 College Avenue
LUST Incident No. 981766
LUST Fiscal File
Citations in this attachment are from and the Environmental Protection Act (Act) and 35 illinois
Administrative
Code
(35
III. Adm.
Code).
Item #
Description ofDeductions
None
ofthe costs incurred
from
September 11, 1998 to November 17, 1998 are
eligible for reimbursement. To be considered forreimbursement, earlyaction
activities must be performed within
45
days afterinitial notification to the illinois
Emergency Management Agency ofa release. The costs in question were not incurred
within the lime allowed for such reimbursement. (35111. Adm.
Code 732.202(g))
~Personne1Costs in the amount of$6,927.50 forwork done from September 11, 1998
to November 17, 1998:
W.Watt
$650.00
September 11, 1998
T.Dixon
5360.00
September 11, 1998
W. Watt
5585.00
September 17, 1998
T. Dixon
$360.00
September 17, 1998
W.Watt
$650.00
September21, 1998
J.Brown
$405.00
September21, 1998
T.Eisenberg
$200.00
September21, 1998
W.Watt
$617.50
September22, 1998
J.Brown
$360.00
September22, 1998
T.Eisenberg
$120.00
September22, 1998
T. Eisenberg
$400.00
September 28, 1998
T. Eis~nberg
$560.00
September 29, 1998
B.
Miller
$560.00
September 30, 1998
B. Miller
$320.00
October 5, 1998
B. Miller
$400.00
October 9, 1998
M. Trgovich
$110.00
October 9, 1998
M.Trgovich
$110.00
October12, 1998
T. Eisenberg
$160.00
November 17, 1998
Stock Items in the amount of
$230.15
were madefor items used from September 11,
1998 to November 17, 1998.
Page 2
Sample Jars in the amount of$38.75 (these items were denied based on the dates the
analyses were conducted).
Samples
Gloves in the
amount of $11.40 (these items were denied based on the dates
the analyses were conducted).
Mileage in the amount of$108.00, this deduction was
based
on the number of days
worked prior
to the early action completion date.
Barricades in the amount of$72.00, this deduction was based on the number ofdays
workedprior to the early action completion date.
Equipment in the amount of
$445.25
was denied for items used from September 11,
1998 to November 17, 1998.
A deduction of$250.25 was made on the amount requested for Trucks
(cute
38.5
hours
@.$6.50
per hour).
-
A deduction of$135.00 was made for tool rental (3 days @ $45.00)
A deduction of$60.00 was made for sampleprobe this deduction was
based on
the
dates the analyses were conducted.
Field Purchases in the amount of $82.80 were denied for items purchased beyond the
earlyaction completion date of September 10, 1998:
Photosheets on October 6, 1998 in the amount of$18.00
Photosheets on October 9, 1998 in the amount of$12.00
Jackhammer rental on September 11, 1998 in the amount of $42.80
Aerial maps on September 22, 1998 in the amount of510.00
Subcontractors: deductions in the amount of$12,125.36 was made for costs incurred
beyond the early action completion date ofSeptember 10, 1998:
ATAS invoice #S2 1440 in the amount of$127.40
ATAS invoice #S21485 in the amount of$l,548.00
ATAS invoice #S21329 in the amount of$1,194.00
Gateway Petroleum invoice #1420 in the amount of~435.00
YB Construction invoice #9996 in the amount of$480.00
YB Construction invoice #2014 in the amount of$815.76
YB Construction invoice #2021 in the amount of$358.88
‘
Bluff City Minerals Co. invoice #6794 in the amount of$64.93
Bluff City Minerals Co. invoice #6980 in the amount of$87.22
Bluff City Minerals Co. invoice #6981 in the amount of$63.32
Bluff City Minerals Co. invoice #7241 in the
amount
of $316.53
Milan Recycling invoice #318-005126 in the amount
of $1,967.00
River
Bend Contractors invoice #973439
in the amount of$678.58
River Bend Contractors invoice
#973459
in the amount
of $3,988.74
$2,730.84, deduction for costs that lack supporting documentation
(35
Ill. Adm. Code
732.606(gg)). Since there is no supporting documentation ofcosts, the Illinois
EPA
cannot detennine that costs were not used for activities in excess ofthose necessary to
meet the minimum requirements ofTitle XVI ofthe Act (Section
57.5(a)
ofthe Act
and 35111. Adm. Code 732.606(o)).
The following deductions were made because the dates ofthe costs were not included
in the certified billing period:
Personnel costs for:
T.Eisenberg
$160.00
onNovemberl8, 1998.
T. Eisenberg
$640.00
on January 14, 1999
W. St. Peters
$1,360.00
no date
N. Volentine
$560.00
no date
Field Purchases:
Film & development
$10.84
July27 & July 30, 1998
3.
$100.00, deduction for costs that lack supporting documentation
(35
ill. Adm. Code
732.606(gg)). Since there is no supporting documentation ofcosts, the illinois EPA
cannot determine that costs were not used for activities in excess ofthose necessary to
meet the minimum requirements of Title X\TI ofthe Act (Section
57.5(a)
ofthe Act
and 35 111. Adxn. Code 732.606(o)).
This deduction was made on the amount requested for the OSFM permit, there was no
receipt submitted as documentation ofthe cost.
4.
51,320.85, adjustment in the handling charges due to the deduction(s) ofineligible
costs (Section
57.8(f)
of the Act and 35 III. Adm. Code 732.607).
A deduction of $23 .24 for handling charges were made on the ineligible Field
Purchases.
A deduction of$l,297.61 for handling charges were made on the ineligible
Subcontractors costs.
.
LH:ct\04 1 444.doc
CERTIFICATE OF SERVICE
I, Julie A. Mitchell, do hereby certify that I caused to be mailed this 27th day of December, 2004,
the foregoing Notice ofFiling and Notice of Appeal to the persons listed below by depositing the
same with the Swansea or O’Fallon, Illinois, branch ofthe United States Postal Service with first
class postage in place.
C~u.2i
OL
U
JTJUE A. MIT HELL
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
312/814-6931
JohnJ. Kim
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand
Avenue, East
P.O. Box 19276
Springfield,
IL 62794-9276
217/782-5544
217/782-9143 (TDD)
LIVINGSTON LAW FIR~~~
jP~N032005
OF ILUNOtS
STP~E00~t~~OtBoard
pottut~Ofl
(618) 628-7700
Fax(618) 628-7710
penni~1ivingston1aw.biz
ORIGINAL
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
December 30, 2004
Re: PCB
05-61
(LUST Appeal)
Harold Hart
Service v. IEPA
Dear Ms.
Gunn:
Enclosed herein you will find a check in the amount of $75.00 to cover the filing fee for
the above referenced matter. I am also enclosing
two additional copies ofthe Notice of Appeal,
as per our discussion.
Thank you for your help in this matter. Have a safe and happy New Year.
/j
am
Enclosures
Sincerely,
Mitchell
Arro1~NEYs
ATLAW
Penni S. Livingston
Concentrating in Environmental Law
4972 Benchmark Centre
Suite 100
Swansea, IL 62226
® ~
65
