RECEIVED
BEFORE THE POLLUTION CONTROL BOARD
CLERK’S
OFFICE
OF THE STATE OF ILLINOIS
APR
072004
~THREESQUAREFEEDS,
)
)
STATEOFILLINOIS
Petitioner,
)
Pollution
Control Board
)
v.
)
PCBO4-
j
)
USTFundAppeal
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
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
PLEASE
TAKE
NOTICE
that on April 7, 2004, filed with the Clerk of the Illinois
Pollution Control Board of the State of Illinois an original, executed copy of a Petition for
Review of Illinois Environmental Protection Agency Decisions.
Dated: April 7, 2004
Respectfully submitted,
Three Square Feeds
By:
~
One of Its At~rneys
Carolyn S. Hesse
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
-
(312)
357-1313
213292v1
This filing submitted on recycled paper as defined in 35 Iii. Adm. Code 10 1.202
CERTIFICATE OF SERVICE
I, on oath state that I have served the attached Petition for Review of Illinois
Environmental Protection Agency Decisions 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
from One North Wacker Drive, Suite 4400, Chicago, Illinois, before the hour of 5:00 p.m., on
this
7th
Day of April, 2004.
~
Carolyn S.~~sse
This filing submitted on recycled paper as defined in 35
III.
Adm. Code 101 .202
2
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
APR 07 2004
THREE SQUARE FEEDS,
)
)
STATE OF ILLINOIS
Petitioner,
)
Pollution Control Board
v.
)
PCB04-1~L
)
UST Fund Appeal
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY DECISIONS
Three Square Feeds 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.
Three Square Feeds (“Petitioner”) owned underground storage tanks (USTs) at
property located at Route 267 South, Murrayville, Morgan County, Illinois.
Three Square Feeds sold feed and fuel, such as gasoline, that had been stored in
underground storage tanks (UST5) on the property.
2.
LUST Incident Number 900731 was obtained following a site investigation, and
LPC #1370350002 was assigned.
3.
On November 19, 2003, the Agency received Petitioner’s request for
reimbursement of costs from the Illinois Underground Storage Tank Fund (the
“Request”) for the period from June 1, 2002 to August 31, 2002 in the amount of
$46,762.48.
This filing submitted on recycled paper as defined in 35 III. Adm. Code 101.2021
4.
The Agency denied certain costs in the Request in a letter dated April
5,
2004, a
copy of which is attached hereto as Exhibit A.~
5.
Petitioner is appealing this April
5,
2004 denial because the Agency denied
certain costs by claiming that the owner/operator failed to demonstrate that certain
costs were reasonable.
6.
Petitioner disagrees with the Agency’s decision and believes that the costs
submitted for reimbursement are corrective action costs, are reasonable and are
the types of costs that are eligible for reimbursement under the Act and
implementing regulations.
7.
The Agency’s letter denying reimbursement, Exhibit A, provides no further
explanation of the 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.
This filing submitted on recycled paper as defined in 35111. Adm. Code 101.2021
WHEREFORE, Three Square Feeds 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,
Three Square Feeds
By:
~
k
~.
One of Its Atto~eys
Carolyn S. Hesse, Esq.
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)357-1313
213285v1
This filing submitted on recycled paper as defined in 35 III. Adm. Code 101.2021
L.WP
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NOI~THGR.~D
AVENUE
EAST;
P.O.
Box 19276,
SPRINGFIELD, LuNols 62794-9276, 217-782-3397
J,~Es
R. THOMPSON CENTER, 100 WEsT
RANDOLPH,
SuITE 1 1-300, CkIC~~CQ,IL 60601. 312-814-6026
ROD
R.
BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
217/782-6762
APR05 2004
.
I
~
. 2004
Three Square Feeds
Attention: George Archer
~
____
1325
Merritt Road
Jacksonville,
IL
62650
Re:
LPC #1370350002
--
Morgan County
Murrayville/Three Square Feeds
Route 267 South
LUST Incident #900731
LUST FISCAL FILE
Dear Mr. Archer:
The Agency has completed the review ofthe request for reimbursement of corrective action costs
from the Illinois Underground Storage Tank Fund for the above-referenced facility. The invoices
reviewed covered the period from June 1, 2002 to August 31, 2002. The amount requested was
$46,762.48.
The deductible amount for this claim is $10,000.00, which was previously deducted from the
Invoice Voucher dated June 15. 1991. 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 November 19, 2003, the Agency received your complete request for payment for this claim.
As a result ofthe Agency’s review ofthis claim, a voucher for $27,805.82 will be prepared for
• submission to the Comptroller’s Office for payment as funds become available based upon the
date the Agency received your complete request for payment of this 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 22.1 Sb(g) and Section 40 ofthe 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 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. If the owner or
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Page 2
operator 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 of this decision, must be sent to the
Illinois EPA as soon as possible.
For information regarding the filing of an appeal, ~1easecontact:
Dorothy Gunn, Clerk
.
.
I
•
Illinois Pollution Control Board
~PP
• ~.
201J4
•
State ofIllinois CenterS.
100
West Randolph, Suite 11-500
Chicago, Illinois 60601
312/814-3620
For information regarding the filing ofan extension., please contact:
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
2117/782-5544
If you have any questions, please contact Kevin Mably ofmy staff at 217/782-6762.
Do
E. Oakley, Manager
LUST Claims Unit
Planning & Reporting Section
Bureau ofLand
DEO:KM:jk\042766.doc
Attachment
cc:
CW3M Company
PAGE
@4
Attachment A
Accounting Deductions
. ‘~
~
4
2004
Re:
LPC ~1370350002
--
Morgan Coun~
.
JB~c~j
Murrayville/Three Square Feeds
Route 267 South
LUST Incident #900731
LUST FISCAL FILE
Item #
Descth,tion ofDeductions
$1
8,956.66,
deduction in costs that the owner/operator failed to demonstrate were
reasonable (Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).
CW3M Company-Invoice dated August 2002
$162.00 Personnel
August 2002
$1,048.00 Equipment
August 2002 $17,746.66 Soil disposal and
backfill costs
$18,956.66
Total Accounting Deductions
DEO:KM:jk\042766.doc