BEFORE THE POLLUTION CONTROL BOARIKECEIVED
OF THE STATE OF ILLINOIS
CLERK’S
OFFT(’E
SWEARINGIN AMOCO,
)
)
)
)
PCB 03
-
157
v.
)
(USTAppeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
JUN 1 62003
NOTICE OF FILING•
To:
John Kim
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Dorothy Gunn
Clerk ofthe Board
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
PLEASE TAKE NOTICE
that on Monday, June 16, 2003, I filed with the Clerk ofthe
Illinois Pollution Control Board ofthe State of Illinois an original, executed copy of a Petition
for Review of Illinois Environmental Protection Agency Decisions and Appearance for Carolyn
S. Hesse.
Dated: June 16, 2003
Carolyn S. Hesse, Esq.
Barnes
&
Thornburg
2600 Chase Plaza, 10 South LaSalle Street
Chicago, Illinois 60603
312-214-8301
Respectfully submitted,
Carolyn S.
sse
Petitioner
STATE OF
IWNOIS
Pollution Control
Board
)
)
)
)
Respondent
)
IThis filing
submitted on recycled paper as defined in 35 III. Adm. Code 1O1.2O2~
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
RECEIVED
CLERK’S OFFT(’F.
SWEARING1N AMOCO,
JUN 162003
Petitioner
)
STATE OF ILLINOIS
Pollution Control
Board
v.
)
PCBO3-157
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent
)
PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY DECISIONS
Swearingin Amoco by its attorney, Carolyn S. Hesse ofBarnes & Thornburg, pursuant to
the Illinois Environmental Protection Act, 415 ILCS
5/1 et. seq.
(the “Act”) and 35 Illinois
Administrative Code Section 105.400
et. seq.,
hereby appeals certain decisions by the Illinois
Environmental Protection Agency (the “Agency”).
1.
Swearingin Services, Inc. does business as Swearingin Amoco (“Swearingin”)
and is the ownerofproperty located at 503 South State Street, Jerseyville, Jersey
County, Ilinois. The site is a gasoline service station known as Swearingin
Amoco that has underground storage tanks (USTs) on the property, which store
gasoline and diesel fuel.
2.
LUST Incident Number 830255015 was obtained following a site investigation.
3.
On March 5, 2002, the Agency received Swearingin’ s request for reimbursement
of costs from the Illinois Underground Storage Tank Fund (the “Request”) for the
IThis filing
submitted
on
recycled paper as defined in 35111. Adm. Code 101.202
period from May 1, 1997 to March 31, 1998, in the amount of$30,234.03.
4.
The Agency denied certain costs in the Request in a letter dated February 10,
2003, a copy ofwhich is attached hereto as Exhibit A.
5.
Swearingin is appealing this February 10, 2003 denial because the Agency denied
certain costs by claiming that the owner/operator failed to demonstrate that certain
costs were reasonable.
6.
Swearingin disagrees with the Agency’s decision and believes that the costs
submitted for reimbursement are corrective action costs, are reasonable and are
the types ofcosts that are eligible for reimbursement under the Act and
implementing regulations.
7.
The Agency’s letter denying reimbursement, Exhibit A, provides no further
explanation ofthe Agency’s reasons or bases for denial that could aid Petitioner
in setting forth its grounds of appeal. Nevertheless, the Agency’s denial is a final
decision that Petitioner must appeal to the Board in order to preserve and enforce
Petitioner’s right to reimbursement under the UST Fund.
8.
On March 20, 2003, the parties timely filed a joint notice to extend the appeal
deadline. On April 3, 2003, the Board filed an order extending the appeal
deadline until June 16, 2003, a copy ofwhich is attached hereto as Exhibit B.
Pursuant to the Board’s April 3, 2003 order, this appeal is timely filed.
tThis filing
submitted on recycled paper as defined in 35 III. Adm. Code 101.202
WHEREFORE, Swearingin Services, Inc., d/b/a Swearingin Amoco respectfully requests
that the Board enter an order that will provide that it be reimbursed from the UST Fund for its
submitted costs and for its attorneys fees and costs in bringing this appeal.
Respectfully submitted,
SWEARINGIN SERVICES, INC.,
dlb/a SWEARINGIN AMOCO
By:C~~~One
ofIts ttomeys
H~
Carolyn S. Hesse, Esq.
Barnes & Thornburg
2600 Chase Plaza
10 South LaSalle Street
Chicago, Illinois 60603
312-214-8301
171282v1
IThis filing submitted on recycled paper as defined in 35 III. Adm. Code 101.2021
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P.O.
Box
19276,
SPRINGFIELD, ILLINOIS 62794-9276
JAMES
R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 1
1-300,
CHICAGO,
ft 60601
ROD R. BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
217/782-6762
CERTIFIED MAIL
?
O~99o~co( (~?M~
FEB10 2003
Swearingin
Services, Inc.
Attention: Ronald Swearingin
Post Office Box 571
Carlinville, IL 62626
Re: LPC#0830255015--JerseyCounty
Jerseyville/Swearingin Amoco
503 South State Street
LUST Incident #901084
LUST FISCAL FILE
Dear Mr. Swearingin:
The Agency has completed the review of the request1for reimbursement of corrective action costs
from the Illinois Underground
Storage
Tank Fund for the above-referenced facility. The invoices
reviewed covered the period from May 1,
1997 to March 31, 1998. The amount
requested was
The deductible amount for this claim is $10,000.00, which was previously deducted
from the
Invoice Voucher dated December 18, 1990. Listed in Attachment A
are
the costs which
are
not
being reimbursed
from this request and the reasons these costs are
not being reimbursed.
On March 5, 2002, the Agency received your complete request for payment for this claim. As a
r~sultof the Agency’s review of
this
claim, a voucher for $29,600.74 will be prepared for
submission to
the
Comptroller’s Office for payment as
flmds
become available based upon
the
date the Agency received your complete request for payment ofthis claim. Subsequent claims
that have beenlare submitted will be processed based upon the date complete subsequent billings
requests are received by the Agency.
This constitutes the
Agency’s
final action with regard to the above invoices. An underground
storage tank owner or operator may
appeal this final decision to the Illinois Pollution Control
Board (Board) pursuant to Section 22.l8b(g) and Section 40 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 extended 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
ROCKFORD
—4302 North Main Street, Rockford, IL 61103 — (815) 987-7760 •
DES PLAINES
— 9511 W. Harri~onSt., Des Plaines, IL 60016— (847) 294-4000
ELGIN
—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
•
CHAMPAIGN
—2125 South First Street, Champaign, IL 61820— (217) 278-5800
SPRINGFIELD
—45005. Sixth Street Rd., Springfield, IL 62706 —(217) 786-6892 •
COLLINSVILLE
—2009 MalI Street, Collinsville, IL 62234— (618) 346-5120
MARION
—2309 W. Main St., Suite 116, Marion, IL 62959 —(618) 993-7200
PRINTED ON RECYCLED PAPER
PCB 03—157, Exhibit A
Page 2
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 ofthis decision, must be sent to the
Illinois EPA as soon as possible.
For information regardingthe filing of an 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 Enviromnental Protection Agency
Division ofL~galCounsel
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
217/782-5544
If
you have any questions, please contact Kevin Mably of my staff or Karl Kaiser of Cliff
Wheeler’s staff at 217/782-6762.
DEO:.KLM:jk\033298.doc
Attachment
E. Oakley, Manager
LUST Claims
Unit
Planning &
Reporting Section
Bureau of Land
cc: CW3M
Company
Attachment A
Accounting Deductions
Re: LPC#08302550l5--JerseyCounty
Jerseyville/Swearingin Amoco
503 South State Street
LUST Incident #90 1084
LUST FISCAL FILE
Item
#
Description ofDeductions
$123.75, deduction in costs that the owner/operator
failed to~emonstratewere
reasonable (Section 22.1 8b(d)(4)(C) of the
Envirothnental Protection Act).
CW3M Company-dated July 1997
$15.75
Personnel
September
1997
$16.00
Personnel
October 1997
$47.00
Personnel
November 1997 $16.00
Personnel
December 1997 $29.00
Personnel
$123.75 Total Accounting
Deductions
DEO :KLM:jk\033298.doc
Attachment A
Technical Deductions
Re:
LPC#0830255015--JerseyCounty
Jerseyville/Swearingin Amoco
503 South State Street
LUST Incident #901084
LUST FISCAL FILE
Item #
Description ofDeductions
1.
$509.54, deduction in gi-oundwater treatment system operatiOn and
maintenance costs
that the
owner/operator failed to demonstrate were treasonable (Section
22.1 8b(d)(4)(C) of
the Enviromnental Protection Act).
DEO:KLM:jk\033298 .doc
ILLINOIS POLLUTION CONTROL BOARD
April 3, 2003
SWEARINGIN AMOCO,
)
)
Petitioner,
)
)
v.
)
PCBO3-l57
)
(UST Appeal)
ILLINOIS
ENVIRONMENTAL
)
(90-Day Extension)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD (by T.E. Johnson):
On March 20, 2003, the parties timely filed a joint notice to .extend the 35-day period
within which Swearingin Amoco may appeal a February 10, 2003 determination ofthe Illinois
Environmental Protection Agency (Agency).
See
415 ILCS 5/40(a)(l) (2002); 35 Ill. Adm. Code
105.206(c), 105.208(a), (c). Because the postmark date of the joint petition is within the time for
filing, the petition was timely filed. 35 Iii. Adm. Code 101 .300(b)(2), 105.404. At issue is an
Agency partial denial ofreimbursement of corrective action costs regarding Swearingin
Amoco’s leaking underground petroleum storage tank facility located at 503 South State Street,
Jerseyville, Jersey County. The Board extends the appeal period until June 16, 2003, the first
business day following the date requested by the parties.
See 415
ILCS 5/40(a)(l) (2002); 35 Iii.
Adm. Code 105.208(a). If Swearingin Amoco fails to file an appeal on or before that date, the
Board will dismiss this case and close the docket.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk ofthe Illinois Pollution Control Board, certify that the Board
adopted the above order on April 3, 2003, by a vote of 7-0.
~
Dorothy M; Gunn, Clerk
Illinois Pollution Control Board
PCB
03—157, Exibit B
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
JUN 1 6
2003
STATE
SWEARINGINAMOCO,
)
Ol/UtI~~
Controi
Boad
Petitioner
)
)
v.
)
PCBO3-l57
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent
)
APPEARANCE
NOW COMES
the undersigned, Carolyn S. Hesse, and enters an appearance for the
Petitioner, SWEARINGIN AMOCO, inthe above captioned matter.
Dated: June 16, 2003
Swearingin Services, Inc.,
d/b/a
Swearingin Amoco
By:C~
~
One of Its ttorneys
Carolyn S. Hesse
Barnes & Thornburg
10 5. LaSalle Street
Suite 2600
Chicago, Illinois 60603
(312) 214-8301
(This filing submitted on recycled paper as defined in 35 Ill. Adm. Code 101.2021
CERTIFICATE OF SERVICE
I, on oath state that I have served the attached PETITION FOR REVIEW OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY DECISIONS and APPEARANCE for Carolyn
S. Hesse by placing a copy in an envelope addressed to:
John Kim
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
via U.S. mail this 16th day of June, 2003.
Dorothy Gusm
Clerk of the Board
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
via Hand Delivery this 16th day ofJune, 2003.
Carolyn S. ~1~sse
This
tiling
submitted
on recycled paper as defined in 35 III. Adm. Code 101.2021