BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
)
PCB No. 04-
)
(TJST Appeal)
)
)
)
)
)
Petitioner,
)
2
2004
~~
~OLLUflON
CO~TFRo~BOARD
Respondent.
)
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
NOTICE
John J. 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 Petition for Review of Final Agency Leaking
Underground Storage Tank Decision, a copy ofwhich is herewith served upon you.
Petitioner
R.W. SHERIDAN OIL CO., INC.,
vs.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
By
(
R.W.urtisSheridan(/941W.
Martin,,,~torneyCo.,
Inc.,
for
Robert E. Shaw
ILARDC No. 03123632
Curtis W. Martin
IL ARDC No. 06201592
SIAW & MARTIN, P.C.
Attorneys at Law
123 S. 10th Street, Suite 302
P.O. Box 1789
Mt. Vernon, Illinois 62864
Telephone (618) 244-1788
BEFORE THE POLLUTION CONTROL BOARD RECEIVED
OF THE STATE OF ILLINOIS
22004
R.W. SHERIDAN OIL CO., INC.,
)
btAI~i~ ‘w~j~
POW5~O~
coNmot
BOARD
Petitioner,
)
)
vs.
)
PCBNo.
)
(TJST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR REVIEW OF FINAL AGENCY
LEAKING UNDERGROUND STORAGE TANK DECISION
NOW COMES the Petitioner, R.W. Sheridan Oil Co., Inc. (“Sheridan”), by one
ofits attorneys, curtis W. Martin of Shaw & Martin, P.C., and, pursuant to
Sections 57.7(c)(4)(D)-and 40 ofthe Illinois Environmental Protection Act (415 ILCS
5/57.7(c)(4)(D) and 40) and 35 Ill. Adm. Code 105.400-412, hereby requests that the
Illinois Pollution Control Board (“Board”) review the final decision ofthe Illinois
Environmental Protection Agency (“Agency”) in the above cause, and in support
thereof, Sheridan respectfully states as follows:
1.
On November 26, 2003, the Agency issued a final decision to Sheridan,
a copy ofwhich is attached hereto as Exhibit A.
2.
On November 28, 2003, Sheridan, through its consultant, United
Science Industries, Inc. (“USI”), received the Agency’s final decision.
3.
The grounds for the Petition herein are as follows:
Sheridan submitted to the Agency, through its consultant, USI, a High
Priority Corrective Action Plan Budget (“Budget”) dated September 22, 2003. The
Plan and Budget satisfy the requirements of the Act, 415 ILCS 5/1
et seq.,
and
the
regulations promulgated thereunder, in that they were prepared and fully
implemented in accordance with generally accepted engineering practices and were
consistent with the information obtained while implementing the Plan.
The Agency, by its letter dated November 26, 2003, modified the
Budget by deducting $18,368.75 in personnel fees for investigative activities and
related services or materials in developing the Plan as unnecessary or inconsistent
with generally accepted practices or unreasonable costs for justifiable activities,
materials, or services.
The costs associated with each material, activity and service necessary
to accomplish the goals ofthe Plan are reasonable and consistent in the
performance of tasks necessary to meet the minimum requirements of the Act and
the regulations promulgated thereunder. Further, the costs associated with each
material, activity, and service necessary to accomplish the goals ofthe Plan are
similar in generally accepted engineering practices and technical protocol to those
historically submitted to and approved by the Agency which the Agency now deems
to be unreasonable and inconsistent with generally accepted engineering practices.
A historical review of Sheridan’s submittal to the Agency of its Plan
Budget is necessary to place this appeal in its proper perspective. This the second
of two appeals filed by Sheridan with regard to the Plan and Budget submitted to
the Agency for this site. The first appeal was directed to the Agency’s modification
of the Plan and Budget as then submitted. This appeal is directed to the Agency’s
2
modifications of the Budget resubmitted by Sheridan. In a nutshell, Sheridan
appeals the Agency’s elimination of the personnel costs incurred as a response to
the modifications to the Plan originally submitted and to the Plans subsequently
submitted. The Budget under this appeal is the third submitted by Sheridan as a
result ofthe Agency’s rejection or modification of two previous budgets. For the last
year and one-half, Sheridan has submitted and resubmitted to the Agency Plans
and Budgets in accordance with Agency instructions or requirements, each time
incurring additional personnel time for services necessary to develop and prepare
the revised Plans and Budgets.
More specifically, Sheridan submitted with the third amended Budget
Form G, as well as a Justification for Budget Amendments, particularly describing
the personnel time incurred in the preparation of the original Plan and Budget and
the additional personal time incurred in the preparation of the amended Plans and
Budgets as required by the Agency. Additional personnel time included that of
Draftsman, Environmental Specialist, Project Coordinator, and Professional
Engineer associated with completing additional modeling, drafting of maps, and
preparation ofthe amended Plan Budgets. The Justification also specified the
particular time involved with each task performed in preparation of the activities
necessary to prepare the Plans and Budgets, including the second amended Plan
and the third amended Budget. The total additional project management time
consisted of 137.5 hours. The Agency chose to reject all such personnel services
without any explanation other than that such were unnecessary or inconsistent
3
with generally accepted practices or unreasonable. Such action by the Agency is
arbitrary and capricious and should be reversed by this Board.
WHEREFORE, Petitioner, R.W. Sheridan Oil Co., Inc., for the reasons stated
above, requests that the Board reverse the decision of the Agency and rule in favor
of Petitioner’s request for approval of its Amended Budget as being reasonable,
justifiable, necessary, consistent with generally accepted engineering practices, and
eligible for reimbursement from the UST Fund, and that Petitioner recover its
attorney’s fees and costs incurred herein pursuant to 415 ILCS 5/57.8(1) and 35 Ill.
Adm. Code 732.606(1).
Respectfully submitted,
SHAW & MARTIN, P.C.
Robert E. Shaw
IL ARDC No. 03123632
Curtis W. Martin
IL ARDC No. 06201592
SHAW & MARTIN, P.C.
Attorneys at Law
123 5. 10th Street, Suite 302
P.O. Box 1789
Mt. Vernon, Illinois 62864
Telephone (618) 244-1788
By
Curtis W. Martin,
R.W. Sheridan
Petitioner
for
Co., Inc.,
4
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND AvENUE EAST,
P.O. 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
RENEE CIPRIANO, DIRECTOR
2171782-6762
CERTIFIED MAIL
7002. 3150 0000 1227 2305
N0V262003
R.W.
Sheridan Oil Co., Inc.
Attn: Robert Sheridan
P.O.
Box 3516
Bloomington, IL 61702
Re:
LPC#1130755016 --McLean County
Le Roy/ R.W. Sheridan Oil Co., Inc.
“301
South Chestnut
LUST Incident No. 20001571
LUST Technical File
Dear Mr. Sheridan:
The illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority
Corrective Action Plan Budget (budget) submitted for the above-referenced incidet. This
budget, dated September 22, 2003, was received by the Illinois EPA on September 23, 2003..
Citations in this letter are from the Environmental Protection Act (Act) and
35
Illinois
Administrative Code (35 Iii. Adm. Code).
The budget is modified pursuant to Section 57.7(c)(4) of the Act and
35
111. Adm. Code
732.405(c).
Based on the modifications listed in Section 2 of Attachment A, the amounts listed
in Section 1 of Attachment A are approved. Please note that the costs must be incurred in
accordance with the approved plan. Be aware that the amount of reimbursement may be limited
by Sections
57.8(e),
57.8(g) and
57.8(d)
of the Act, as well as 35 Iii. Adm. Code 732.604,
732.606(s), and 732.611.
All future correspondence must be submitted to:
Illinois Environmental Protection Agency
Bureau ofLand
-
#24
Leaking
Underground Storage Tank Section
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
Please submit all correspondence in duplicate and include the Re: block shown at the beginning
of this letter.
ROCKFORO — 4302 NoOh Main Street, Rockford, IL. 61 103 —(815) 987-7760
•
DES PLAINES
-
9511 W. ~
6—a)201~O00
ELGIN —595 South State, Elgin, IL 60123 —(847) 608-3131
•
PEoRIA —5415 N. University St., Peoria, IL 61614— (309) 693-5463
BLP.EAL OF
LAND
- PEORIA— 7620 N. University St., Peoria, IL 61614 —1309) 693-5462 •
CHAMPAIGN —2125 South First Street, Champaign, IL 61820 —(217) 278-5800
SPRINGFIELD
—
4500 S. Sixth Street Rd., Springfield, IL 62706 — 2171 786-6892
.
COLLINSVILLE —2009 Ma)) Street, Co)Iinsvi)le, IL 62234 —(618) 346-5120
MARION — 2309 W. Main St., Suite 116, Marion, IL 62959— (618) 993-7200
PRINTED ON
RECYCLED PAPER
Page 2
An underground storage tank System owner or operator may appeal this decision to the Illinois
Pollution Control Board. Appeal rights are attached.
If you have any questions or need further assistance, please contact Jason Donnelly at (217) 557-
87 64.
Sincerely,
Hany Al Chappel, P.E.
Unit Manager
Leaking Underground Storage Tank Section
Division ofRemediation Management
Bureau of Land
HAC:JD\00 1571 -hpcap.bud-#5
Attachments: Attachment A
Appeal Rights
c:
United Science Industries, Inc., Jennifer Herner-Thogmartin
Division File
Appeal Rights
An underground storage tank owner or operator may appeal this final decision to the illinois
Pollution Control Board pursuant to Sections 40 and
57.7(c)(4)(D)
of the Act by filing a petition
for a
hearing-within 35 days after the date of
issuance ofthe final decision. However, the 35-day
period may be &tended for a period of time not to exceed 90 days by written notice from the
owner or operator and the Illinois EPA within the initial 35-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
Illinois EPA as soon as possible.
For information regarding the filing of an appeal, please contact:
Dorothy Gunn, Clerk
‘flhinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite 11-500
Chicago, IL 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
Post Office Box 19276
Springfield, IL 62794-9276
217/782-5544
-
.
Attachment A
Ee: LPC #1130755016
--
McLean County
Le Roy/R.W. Sheridan Oil Co.,
Inc.
301.
South Chestnut
LUSTIncident No. 20001571
LUST Thchnical File
Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois
Administrative Code
(35
ill. Adm. Code).
SECTION
1
fle budget was previously approved for:
$0.00
Investigation Costs
$0.00
Analysis Costs
$19,776.50
Personnel Costs
$0.00
“
Equipment Costs
$6,895.54
Field Purchases and Other Costs
$304.33
Handling Charges
As a result of the Illinois EPA’s modification(s) in Section 2 of this Attachment A, the following amounts
are approved:
—
$0.00
Investigation Costs
$0.00
Analysis Costs
$0.00
Personnel Costs
$0.00
Equipment Costs
$46.25
Field Purchases and Other Costs
$0.00
Handling Charges
Therefore, the total cumulative budget is approved for:
$0.00
Investigation Costs
$0.00
Analysis Costs
S 19,776.50
Personnel Costs
$0.00
.
Equipment Costs
~6,941.79
Field Purchases
and
Other Costs
$304.33
Handling Charges
SECTION 2
1.
$18,368.75 for an adjustment in total personnel fees for investigative activities and related
services or materials for developing a.High Priority corrective action plan that
are
unnecessary or
inconsistent with generally accepted practices or unreasonable costs for justifiable activities,
materials, or services
are
ineligible for payment from the Fund
(3.5
Ill. Adm. Code 732.606(cc)).
I-IAC:JD\00l571
-hpcap.bud-#5.A
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on December 31, 2003,
I served true and correct copies of a Petition for Review of Final Agency Leaking
Underground Storage Tank Decision, by placing true and correct copies in properly
sealed and addressed envelopes and by depositing said sealed envelopes in a U.S.
mail drop box located within Mt. Vernon, Illinois, with sufficient Certified Mail
postage affixed thereto, upon the following named persons:
Dorothy M. Gunn, Clerk
John J. Kim
Illinois Pollution Control Board
Assistant Counsel
State ofIllinois Center
Special Assistant Attorney General
100 West Randolph Street
Division of Legal Counsel
Suite 11-500
1021 North Grand Avenue, East
Chicago, IL 60601
P.O. Box 19276
Springfield, IL 62794-9276
Curtis W. Martin, ttorney for
Petitioner, R7,~ridan Oil Co., Inc.