BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
APR 192005
ST1ATE OF ILUNOIS
ILLINOIS
AYERS
OIL
CO.,
)
POH~ti~nControl
Board
)
Petitioner,
)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
)
Nos.
PCB 03-70
)
PCBO3-214
PCB
05-048
(UST Appeals)
NOTICE OF FILING AND PROOF OF SERVICE
John Kim
Division ofLegal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PLEASE BE ADVISED THAT we are today filing with the Pollution Control Board by U.S.
mail the original and nine copies ofPetition For Supplemental Attorneys’ Fees, a copy ofwhich is
attached hereto.
The undersigned hereby certifies that a true and correct copy ofthis Notice of Filing, together
with a copy ofthe document described above, were today served upon the hearing officer and
counsel ofrecord ofall parties to this cause by enclosing same in envelopes addressed to such
attorneys at their business addresses as disclosed by the pleadings ofrecord herein, with postage fully
prepaid, and by depositing same in the U.S. Mail in Springfield, Illinois on the 1 8th day ofApril,
2005.
MOHAN, ALEWELT, PRILLAMAN & ADAMI
1 North Old Capitol Plaza, Suite 325
Springfield, IL 62701
Tel: (217) 528-2517
Fax: (217) 528-2553
C:\Mapa\CSD Environmental\Notice of Filing 041 805.wpd/crk
4/18/05
4:26 pm
THIS FILING SUBMITTED ON RECYCLED PAPER
TO:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
State ofIllinois Building, Suite 11-500
Chicago, IL 60601
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, IL 62794-9274
v.
R~ECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR 1 92005
ILLINOIS AYERS OIL CO.,
)
p~l~i~ControIBoard
Petitioner,
)
)
)
Nos.
PCB 03-70
)
PCBO3.-214
ILLINOIS ENVIRONMENTAL
)
PCB 05-048
PROTECTION AGENCY,
)
(UST Appeals)
)
Respondent.
)
PETITION FOR SUPPLEMENTAL
ATTORNEYS’ FEES
Now comes ILLINOIS AYERS OIL COMPANY (hereinafter “Illinois Ayers”), by its
undersigned attorneys, pursuant to Section
57.8(1)
ofthe Environmental Protection Act (415
ILCS
5/57.8(1)),
and petitions the Board for attorney’s fees, stating as follows:
1.
On November 18, 2002, Illinois Ayers appealed the Agency’s rejection ofa High
Priority Corrective Action Plan for a gasoline service station located in Beardstown, Cass
County, Illinois. After the appeal was docketed as PCB No. 03-70 (Illinois Ayers I), Ayers and
the Agency met to discuss issues raised in the Agency’s rejection letter. (See Illinois Ayers v.
IEPA, PCB 03-214, at p. 2 (April 1, 2004)) Pursuant to these discussions, Illinois Ayers filed a
revised High Priority Corrective Action Plan with the Agency and stayed the appeal. As of
today’s date, this appeal remains pending awaiting payment for attorney fees stemming from
PCB 03-214 (See Illinois Ayers I, PCB 03-70 (November 17, 2004)).
2.
On May 7, 2003, Illinois Ayers petitioned the Board to review the Agency’s
rejection of the aforementioned revised High Priority Corrective Action Plan. The appeal was
docketed as PCB 03-214 (Illinois Ayers II), and in its final order the Board directed the Agency
to restore $29,603.19 in costs to the Petitioner’s High Priority Corrective Action Plan budget.
3.
Also in Illinois Ayers II, the Board entered a supplemental order, directing the
Agency to pay Illinois Ayers
$44,456.49
in legal costs, pursuant to Section
57.8(1)
ofthe
Environmental Protection Act (415 ILCS
5/57.8(1)).
This order was entered after a lengthy and
drawn-out series ofmotions filed by the Agency, which wrongfully accused Illinois Ayers of
misstatements and also sought to introduce irrelevant testimony to further confuse the issues and
delay the resolution. The Board’s attorney fee order, entered August
5,
2004, was never
appealed, nor has the Agency complied with it.
4.
Illinois Ayers completed the work called for in the revised High Priority
Corrective Action Plan approved by the Board. The Agency rejected the application for
payment for the work for reasons that were required to be raised in Illinois Ayers II, but were
not. An appeal from this decision was filed in PCB 05-048 (Illinois Ayers III) which has been
dismissed.
5.
By all appearances, the Agency is deliberately and systematically disregarding the
Board’s orders in Illinois Ayers II by refusing to reimburse attorney fees.
6.
The Board is authorized to award legal fees under Section 57.8(1) ofthe Act (415
ILCS
5/57.8(1)).
Specifically, Section 57.8(1) authorizes the Board to pay legal fees in the event
the owner/operator prevails before the Board. A statutory award of reasonable litigation
expenses includes all expenses incurred throughout the action, including those incurred seeking
attorney’s fees. Citizen’s Organizing Project v. IDNR, 189 Ill.2d 593,
599
(2000).
7.
Previously in support ofits petition for attorney fees, Illinois Ayers submitted an
affidavit and billing statements for legal expenses prior to April 30, 2004. Those attorney fees
included legal expenses incurred preparing the motion for attorney fees, but did not include the
2
subsequent legal expenses incurred responding and replying to the Agency’s opposition to the
attorney fee petition. Nor did they include attorney fees expended in attempting to seek IEPA
compliance with the Board’s August 5, 2004, order. Attached hereto is the Affidavit ofFred C.
Prillaman, substantiating the legal costs incurred from May 1, 2004 to the present day. These
legal costs include not only responding to the Agency’s opposition to attorney fees, but seeking
to compel the Agency to comply with the Board’s orders and preparing the subject motion.
8.
The underground storage tank program is dependent upon private enterprise
cleaning up pollution in an economical and environmental fashion. The Agency’s actions with
respect to this site have caused needless delay and expense in furtherance ofa cause that was
ultimately determined to be detrimental to the environment. For the reasons set forth herein, as
well as those justifying the initial attorney fee award, the Board should exercise its discretion to
order a supplement award.
WHEREFORE, Illinois Ayers prays for an order as follows:
A.
The Agency is hereby ordered to submit a voucher for Illinois Ayers in the
amount of $44,456.49 for legal costs awarded in Illinois Ayers II within thirty
(30) days ofthis order;
B.
In addition, the Agency shall submit a voucher for $14,732.32 as additional legal
expenses incurred by Illinois Ayers in seeking payment under the LUST program,
also within thirty (30) days ofthis order; and
C.
Any voucher, whether original or supplemental, which is not submitted timely
shall incur interest at the rate of
5
per annum, from the date due until the date
submitted.
3
Respectfully submitted,
ILLINOIS AYERS OIL CO., Petitioner
MOHAN, ALEWELT, PRILLAMAN & ADAMI
1 North Old Capitol Plaza, Suite 325
Springfield, IL 62701
Phone:
(217) 528-2517
Fax: (217)
528-2553
BY:
MOHAN,
L
4
STATE OF ILLINOIS
)
)
SS.
COUNTY OF SANGAMON)
AFFIDAVIT OF
FRED C. PRILLAMAN
VERIFYING ATTORNEY FEES
AFFIANT, Fred C. Prillaman, being first duly sworn, states as follows:
1.
The statements made herein are based upon my personal knowledge, and I
am competent to testify hereto.
2.
I am an attorney duly licensed to practice law in the State ofIllinois; and I
am the attorney ofrecord for Petitioner Illinois Ayers Oil Company in the case entitled
Illinois Ayers Oil Company v. Illinois Environmental Protection Agency, PCB 03-70
(hereinafter “Illinois Ayers I”), Illinois Ayers Oil Company v. Illinois Environmental
Protection Agency, PCB 03-214 (hereinafter “Illinois Ayers II”), and Illinois Ayers Oil
Company v. Illinois Environmental Protection Agency, PCB 05-048 (hereinafter “Illinois
Ayers III”).
3.
I previously submitted an Affidavit in support ofMotion for Authorization
of Payment of Attorneys’ Fees as Costs of Corrective Action in Illinois Ayers II (filed
May 3, 2004), which detailed legal expenses incurred in Illinois Ayers II from May 2003
to April 30, 2004. Since April 30, 2004, the legal defense costs incurred in Ayers I,
Ayers II, and Ayers III through the filing of the instant petition have been $14,732.32,
including $13,571.50 in attorney fees and $1,160.82 in associated legal costs.
4.
Attached hereto as Exhibit A is an accurate summary ofthe legal work
done, and legal fees incurred, with respect to this matter. This summary has been taken
from the actual invoices and thus reflects actual work performed and fees incurred. The
1
summary reveals the datd that work was performed, the description ofthe work
performed, the amount time spent, and the total fees incurred. The hourly rates charged
are commensurate with the prevailing rates for environmental legal services in
Springfield Illinois for the years represented and are the rates charged to all clients ofthe
respective attorneys. Work unrelated to the Ayers I, Ayers II, and Ayers III cases has
been redacted since no reimbursement is sought for those legal activities. Also, no fees
or expenses for Ayers III are included after January 6, 2005, the date on which that case
was dismissed.
5.
Also attached are the following exhibits in support of the Petition for
Supplemental Attorneys’ Fees:
(a)
Exhibit B, being your Affiant’s letter ofAugust 30, 2004, requesting the
Agency to comply with the Board’s orders;
(b)
Exhibit C, being your Affiant’s letter of January 7, 2005, confirming that
the Agency was then placing Illinois Ayers’ Board-ordered attorneys’ fees
award in the Queue;
(c)
Exhibit D, being yourAffiant’s letter of February 18, 2005, again
requesting that the Agency comply with the Board’s orders; and
(d)
Exhibit B, being the Agency’s most recent “Queue” list (April 12, 2005)
showing 91 applications forreimbursement for which vouchers are being
written but nothing for Illinois Ayers, despite the Board’s August
5,
2004
Order and despite Illinois Ayers’ persistent collection efforts.
2
FURTHER AFFIANT SAYETH NOT.
STATE OF ILLINOIS
)
)
SS
COUNTY OF SANGAMON)
Before me personally appeared Fred C. Prillaman and executed the above
Affidavit, and after being duly sworn stated that the above information is true and correct
according to the best of his information, knowledge and belief.
Subscribed and sworn to me this ______ day ofApril, 2005.
~
‘~NotaiyPubli~
My Commission xpires:
(seal)
C:\Mapa\CSD Environmental\Affidavit Fred Prillaman 041505.wpd\crk\4/18105 4:08 pm
3
Mohan Alewelt Prillaman & Adami
1 N. Old Capitol Plaza
Suite 325
Springfield, IL 62701
CSD Environmental Services
2220 Yale Boulevard
Springfield IL 62703
April 18, 2005
‘S
Professional Services
Hrs/Rate
Amount
5/4/2004
Telephone Carol Sudman
0.10
19.50
195.00/hr
5/6/2004
Receive & review hearing officer order setting telephonic status conf
0.50
97.50
195.00/hr
5/7/2004
Telephone Cindy Davis
0.20
39.00
195.00/hr
5/18/2004
Receive & review motion for extension of time to respond from John
0.10
19.50
Kim
195.00/hr
5/20/2004
Receive & review response to motion for attorneys’ fees from John
0.20
39.00
Kim
195.00/hr
Draft reply; draft ltrto client
3.10
434.00
140.00/hr
5/21/2004
Draft reply re atty fee issues; draft legislative history
6.00
840.00
140.00/hr
5/24/2004
Memo to file re legal research/legal defense cost issues
0.30
58.50
195.00/hr
Draft reply
3.90
546.00
140.00/hr
CSD Environmental Services
Page
2
Hrs/Rate
Amount
5/25/2004
Work on argument re legal defense costs
1.10
214.50
195.00/hr
Draft reply
2.00
280.00
140.00/hr
5/26/2004
Revise reply
6.20
868.00
140.00/hr
5/27/2004
Revise reply
6.00
840.00
140.00/hr
5/28/2004
Revise and file reply; draft transmittal ltr to client
1.00
140.00
140.00/hr
6/3/2004
Receive & review surreply from John Kim; tel Cindy Davis
0.80
156,00
195.00/hr
Review motion for leave to file surreply & surreply
0.40
56.00
140.00/hr
6/4/2004
Telephone Board; tel Davis
0.50
70.00
140.00/hr
6/7/2004
Draft opposition to motion for surrebuttal
3.70
518.00
140.00/hr
6/8/2004
Revise response
4.00
560.00
140.00/hr
6/9/2004
Draft ltr transmitting response and Agency motion to client
0.10
14.00
140.00/hr
Prepare for and participate in sXatus conf call w/John Kim and Carol
0.40
78.00
Sudman
195.00/hr
7/1/2004
Telephone conference Carol Sudman (PCB) re: pending appeals
0.30
58.50
195.00/hr
7/6/2004
Telephone John Kim; receive and review faxed motion for leave to
1.20
234.00
file amendment to response and amendment to response from John
195.00/hr
Kim; receive and review copy of e-mail from John Kim to Carol
Sudman transmitting same
Receive & review motion for leave to amendment to response; fax
0.30
42.00
copy to Cindy Davis
140.00/hr
CSD Environmental Services
Page
3
Hrs/Rate
Amount
7/7/2004
Receive & review motion for leave to file amendment and
0.20
39.00
amendment to response from John Kim; tel Carol Sudman
195.00/hr
Draft Itr to client transmitting same
0.50
70.00
140.00/hr
7/8/2004
Telephone conf. w/ Cindy Davis
0.50
70.00
140.00/hr
7/14/2004
Research payment of legal fees issue
2.50
350,00
140.00/hr
7/15/2004
Draft response to motion for leave to amend
3.60
504.00
140.00/hr
7/16/2004
Draft response to motion for leave to amend
6.00
840.00
140.00/hr
7/19/2004
Draft ltr transmitting filing to client
0.30
42.00
140.00/hr
8/3/2004
Telephone Carol Sudman and John Kim
0.50
97.50
195.00/hr
8/11/2004
Receive & review Board order granting motion for attys fees; fax
0.30
58.50
same to Cindy Davis/Joe Truesdale
‘
195.00/hr
Receive & review Board’s opinion
0.50
70.00
140.00/hr
8/24/2004
Legal Research at Pollution Control Board re Anest/Abraham
0.30.
58.50
case/deductibles
195.00/hr
8/27/2004
Telephone Sherry
0.10
19.50
195.00/hr
8/30/2004
Receive & review Agency approval letter and reimbursement
1 .50
292.50
request for corrective action activities re Illinois Ayers from Sherry
195.00/hr
Cockrum; fax letter to John Kim re cuts in budget/demand to
reinstatement; fax same to Cindy Davis
8/31/2004
Telephone John Kim (2x); fax letter to John Kim re extension of time
1.00
195.00
to appeal in Ayers III
195.00/hr
9/1/2004
Telephone Carol Sudman, John Kim
0.70
136.50
195.00/hr
Page
4
Hrs/Rate
Amount
0.20
NO CHARGE
195.00/hr
0.20
39,00
195.00/hr
1.00
195.00
195.00/hr
0.30
58.50
195.00/hr
0.40
.
78,00
195.00/hr
1.00
195.00
195.00/hr
0.50
70.00
140.00/hr
1.00
195.00
195.00/hr
3.60
504.00
140.00/hr
0.10
19.50
195.00/hr
0.60
84.00
140.00/hr
• 0.30
58.50
195.00/hr
0.50
97.50
195.00/hr
0.40
195.00/hr
0.20
195.00/hr
050 Environmental Services
9/2/2004
9/3/2004
9/7/2004
9/9/2004
9/14/2004
9/15/2004
9/16/2004
9/20/2004
9/21/2004
9/27/2004
10/14/2004
11/17/2004
11/24/2004
Telephone John Therriault (Pollution Control Board) re: Ayers
Receive & review request for extension from John Kim re Ayers Ill
Letter to John Kim re status of submittals
Telephone Cindy Davis
Receive & review copy of e-mail from Cindy Davis to Doug Clay
(IEPA) re procedure to seek reimbursement for attorneys’ fees from
IEPA
Work on letter to John Kim re status of payments
Receive & review motion for reconsideration
Prepare for and participate in conf call w/John Kim & Carol Sudman;
receive and review Agency motion for reconsideration from John
Kim; fax letter to Cindy Davis transmitting same
Draft reponse in opp. to motion for recon.
Receive & review Board order granting extension in Ayers Ill
Revise and file response; draft ltr transmitting same to client
Fax letter to Joe Truesdale
Receive & review e-mail from Cindy Davis re Board’s denial of
Agency’s motion for reconsideration/attorney fee issues; receive and
review Board Order
Prepare forand participate in conf call w/John Kim and Carol
(Sudman) Webb re status of pending cases
Telephone John Kim re: compliance w/Order (Ayers II); avoidance
of filing new appeal
78.00
39.00
030 Environmental Services
Page
5
Hrs/Rate
Amount
12/1/2004
Finalize and file petition for review in Ayers Ill
0.50
97.50
195.00/hr
12/17/2004
Tel Cindy Davis; Discuss sanction motion w/PDS
0.40
78.00
195.00/hr
12/20/2004
Memo to PDS re available remedies arising from Agency’s refusal to
1.00
195,00
obey Board orders
195.00/hr
12/21/2004
Research and draft motion for sanctions & atty fees for Agency’s
4.50
630.00
refusal to comply w/Ayers II; draft affidavit of Prillaman
140.00/hr
12/22/2004
Draft petition for sanctions and suppl. atty fees and affidavit
2.50
350.00
140.00/hr
12/29/2004
Work on motion for sanctions
1.10
214.50
195.00/hr
1/4/2005
Telephone Cindy Davis re receipts of all but $901 in Ayers Ill
0.20
39.00
195.00/hr
1/5/2005
Receive & review faxed list of LUST vouchers from Sheri (no
0.20
39.00
voucher for atty fees)
195.00/hr
1/6/2005
Receive & review e-mail from Cindy Davis re Ayers Ill/Board
0.20
NO CHARGE
decision and respond to same
195.00/hr
Status conf (3 cases) w/Carol Webb and John Kim
0.30
60.00
200.00/hr
1/7/2005
Letter to John Kim confirming details regarding issuance of check
0.50
97.50
for attorneys fees
195.00/hr
1/13/2005
Memo to PDS re Ayers Ill/timely filing issues; tel Cindy Davis
0.40
NO CHARGE
195.00/hr
1/20/2005
Receive & review current FMU list from Sheri; tel John Kim (2x)
1.00
195.00
195.00/hr
1/26/2005
Telephone Cindy Davis
0.30
NO CHARGE
195.00/hr
2/8/2005
Prepare for and participate in status conf call w/Carol Webb and
0.50
100.00
John Kim
200.00/hr
2/9/2005
Receive & review e-mail from Cindy Davis re Ayers reimbursement;
0.40
80.00
legal research re procedural issues
200.00/hr
CSD Environmental Services
Page
6
Hrs/Rate
Amount
2/10/2005
Receive & review hearing officer orders re pending cases/status
0.40
80,00
hearing; letter to Cindy Davis re same
200.00/hr
2/16/2005
Work on letter to John Kim re IEPA’s failure to comply w/Board
1.00
200,00
Orders
200.00/hr
2/17/2005
Work on letter to John Kim
0.40
80.00
200.00/hr
2/18/2005
Complete and fax letter to John Kim
0.30
60.00
•
200.00/hr
2/21/2005
Fax letter to John Kim
0.10
20.00
200.00/hr
4/15/2005
Revise Motion for Supplemental Attorney Fees and Affidavit
1.20
180,00
150.00/hr
For professional services rendered
88.60
$13,571.50
Additional Charges:
Qty/Price
5/6/2004
Photocopying
96
19.20
0.20
Postage
.
1
4.33
•
4.33
5/28/2004
Photocopying
182
36.40
0.20
5/31/2004
Lexis charges
•
1
217.48
•
217.48
6/8/2004
Photocopying
48
9.60
0.20
Postage
1
2.49
2.49
6/10/2004
FAX to FOP from John Kim
6
1.20
0.20
6/30/2004
Lexis charges
1
46.80
46.80
030 Environmental Services
Page
7
Qty/Price
Amount
6/30/2004
Federal Express charges to Clerk, Illinois Pollution Board on 6/1/04
1
18.29
18.29
7/6/2004
FAX to FOP from John Kim
9
1,80
0.20
7/16/2004
Postage
1
3.41
3.41
Photocopying
60
12.00
0.20
7/23/2004
Postage
1
6.41
6.41
Photocopying
•
192
38.40
0.20
7/30/2004
Lexis charges for July ‘04
1
215.66
215.66
8/31/2004
Lexis charges for August ‘04
1
2.35
2.35
9/16/2004
Photocopying
12
2.40
0.20
9/21/2004
Photocopying
48
9.60
•
0.20
9/24/2004
Postage
1
2.26
2.26
Photocopying
78
15.60
0.20
9/29/2004
Postage
1
3.87
3.87
Photocopying
134
26.80
•
0.20
FAX to SEW from Cindy Davis
3
0.60
0.20
10/13/2004
Photocopying
17
3.40
0.20
CSO Environmental Services
Page
8
Qty/P rice
Amount
10/14/2004
FAX to SW from Sheri
2
0.40
0.20
10/30/2004
Lexis charges for October ‘04
1
8.08
8.08
11/17/2004
FAX to FOP from Sherri
•
7
1.40
0.20
12/1/2004
Check #22481 to Illinois Pollution Control Board for filing fee
1
75.00
75.00
Photocopying
84
16.80
0.20
Federal Express charges for December 2004 to 0. Gunn ~ III.
1
17.14
Pollution Control BOA
17.14
12/17/2004
Postage for December 2004
1
3.18
3.18
Photocopying for December 2004
•
104
20.80
0.20
12/30/2004
Lexis charges for December2004
1
144.86
144.86
12/31/2004
Telephone charges for December’04
1
0.15
•
•
0.15
1/31/2005
FAX charges for January 2005
7
1.40
0.20
Lexis charges for January 2005
1
56.86
56.86
2/28/2005
Photocopying for February 2005
572
114.40
0.20
Total costs
$1,160.82
Total:
$14,732.32
MOHAN, ALEWELT, PRILLAMAN & ADAM
I
LAWYERS
SUITE 325
I NORTH OLD CAPITOL PLAZA
FRED C. PRILLANIAN
JAMES
T. NIOHAN
PAULE.ADAMI
SPR~NGF~IEL0,ILLINOIS 62701-1323
EDWARDJ,ALEWELT
CHERYL S. NEAL
www.mohaniaw.com
or
COUNSEL
PATRICK D. SHAW
JOEL A. BENOIT
TEL (217) 528~25I7
—
FAX
(217) 529-2553
CHRISTOPHER D. OSWALD
—
A
t ~
~
~ ,~,,
E-MAIL
mapa@family-net.net
ALSO ADMITTED IN MISSOURI
L1.~
~
..~
V
~.
~. V V ~
-
VIA FACSIMILE
-
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
Re: Illinois Ayers Oil Co. v. IEPA, PCB 03-214
LPC #0170155047
Beardstown/Illinois Ayers Company (Ayerco #7)
310 State Street
LUST Incident No. 20002020
Dear John:
In the ordering portion of the Board’s April 1, 2004,
Opinion and Order, the Board ordered the Agency to restore
certain cuts to the budget. Nothing further was required to be
filed by Illinois Ayers Oil Co. or by CSD Environmental (unlike
the other cases we settled involving budgets, in which we agreed
to file, and did file, amended budgets, reflecting our
settlement)
The problem that has arisen now with this case is that the
work has been done and a request for reimbursement has been
submitted, in accordance with the approved budget (as modified by
the Board-ordered restoration of cuts)
.
Doug Oakley, though, is
advising the Agency’s project manager, Nancy Moore, not to pay
anything more than what was approved by the Agency in its March
28, 2003 budget modification letter. Apparently, Oakley is
completely ignoring the Board’s order. Shades of Grigoleit.
John, I don’t want to have to have to appeal this decision
to the Board, but I will if the Agency doesn’t restore the
$13,028.34 cut from its July 28, 2004 reimbursement approval
letter.
If I am not advised in
writing by noon on Tuesday,
r~BIT
August 31, 2004, that these $13,028.34
in cuts have been restored
and approved for payment, I will appeal to the Board advising the
Board that the Agency has refused to honor the Board’s order, and
will again demand that the Agency pay attorneys’ fees for having
to appeal something that has already been decided.
FCP/sew
Enclosure
Very truly yours,
MOHAN,
By
C:\MAPA\CDAVIS\I.linois Ayers Oi1\Kim 08 30
04,wpd
sew
laman
prillaman@mohanJ.aw. corn
MOHAN, ALEWELT, PRILLAMAN
&
ADAM I
FRED C. PRILLAMAN
PAUL E. ADAMI
CHERYL S. NEAL
PATRICK 0. SHAW
JOEL A. 8ENJOIT~
CHRISTOPHER D. OSWALD
~ALSOADMITTED IN MISSOURI
LAWYERS
SUITE
325
I NORTH OLD CAPITOL PLAZA
SPRI NGrIELD, ILLINOIS 92701-1323
www.mohanlaw.com
JANIEST. MOHAN
EDWARD
J. ALEWELT
Or
COUNSEL
TEL (217) 528-25(7
FAX (217) 528-2553
E-MAIL
mrnpa@fSmily-net.net
John J. Kim
January 7, 2005
-
VIA FACSIMILE MID
MAIL
-
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand Avenue, East
P.O.
Box
19276
Springfield, IL 62794-9276
Re: Illinois Ayers
Oil Co. v. IEPA, PCB 03-214
Dear John:
Confirming our telephone conference of yesterday (January
6, 2005), Doug Oakley is in the process now of placing in the
queue (sometimes referred to as the “FMU List”) the $44,456.49
ordered by the Board to be paid by the Agency to Illinois Ayers
Oil, per the Board’s order in this case entered on August 5,
2004.
FCP/sew
cc: Doug Oakley
Very truly yours,
MOHAN, ALEWELT,
PRILLAMAN & ADAMI
By
Fred C. Prillaman
WRITER’ S E-MAIL: prillaman0rnohanlaw. corn
C:\Mapa\CDAVIS\I1J.inois Ayers Oil\Kirn 1 7 05.wpd sew 4/15/05
L
B1T
MOHAN, ALEWELT, PRILLAMAN
& ADAM I
LAWYERS
SUITE 325
I NORTH OLD CAPITOL PLAZA
FRED C. PRILLAMAN
JAMES T. MO HAN
PAUL E.ADAMI
SPRINGFIELO, ILLINOIS 62701-1323
EDWARD J.ALEWELT
CHERYL S. NEAL
www.mohanlaw.com
Or
COUNSEL
PATRICK D. SHAW
TEL (2(71 528-26(7
JOEL A. BENOIT
FAX
(2(7) 528-2553
CHRISTOPHER D. OSWALD
E-MAIL
mapa@family-riet.net
ALSO ADMITTED IN MISSOURI
February 18, 2005
VIA FAX AND U.S. MAIL
John J. Kim, Assistant Counsel
Special Assistant Attorney General
Illinois EPA
Division ofLegal Counsel
• 1021 North Grand Avenue, East
P.O. Box 19276
Springfield, ii
62794-9276
RE: Illinois Ayers Oil Co. Cases
Dear John:
In the event that you have not yet seen the
letter
sent by the Agency to Illinois Ayers Oil
(copy to CSD Environmental) on
February 3, 2005, I am enclosing a copy foryour
review
(Exhibit A). In it, Bill Richards, who is the person you told me was responsible forpreparing
the Queue lists, states that my letter to you (copy to Doug Oakley) ofJanuary 7, 2005,
confirming our telephone conference concerning payment of the
$44,456.49
judgment, is a
“complete application for payment” which the Agency received for the first time on January 10,
2005. Consequently, Richards is using the January 10, 2005 date (rather than the August 5,
2004, date, which is when the Board rendered its decision on the attorney’s fee issue, and sent it
• to the Agency) as the date for determining when the approved claim will be submitted to the
Comptroller’s Office for payment. This is just plain wrong. The operative date should have
been August
5,
2004, not
5
months later. Even if you believe the “final resolution ofthe appeal”
was not until sometime after August 5, the Agency still had only 60 days to forward to the Office
ofthe State Comptroller a voucher in the amount of$44,456.49. See 35 Illinois Administrative
Code §732.603. This most recent Agency letter is one ofthe reasons we decided to ask the
Board to reconsider its “jurisdictional” decision in 05-048. You should know, too, that even after
you and the LUST Claims Unit said that this voucher would be so forwarded, it has not
happened. See Exhibit B, which shows 119 vouchers forwarded recently, almost all ofwhich
involved applications received and/or final resolutions reached after the Board’s August
5
order
in this case.
Also, to the extent that you are not already aware of it, afterwe filedthe permit appeal in
05-048 (but before the Board rendered its “jurisdictional” decision), the Agency sent a check to
EXHIBIT
John J.Kim
February 18, 2005
Page 2
Agency cover letter accompanying the check so the client had to do the math to identify the
difference). The Board did not decrease handling
charges in its April 1, 2004 decision
in 03-214.
The Agency’s refusal to pay
handling charges
was another reason we chose to ask for
reconsideration in
05-048.
These and related issues need to be addressed immediately. We must reach an agreement
within the next 10 days that would prevent future litigation, including a claim for additional
attorney’s fees necessary to enforce Board orders, and that would allow all pending litigation to
be dismissed. Please telephone me by Tuesday, February 22, to arrange for such a conference.
Thank you.
Very truly yours,
Enclosures
FCP/llm
C:\Mapa\CSD Environmental\Illinois Ayers Oil\Kirn ltr 2 16
05.wpd\llm\2/1 8/05
BY:
ADAMI
APR 14 2005 11:57AM
HP LASERJET 3200
p.2
Vouchers To Financial Management Unit
by Size Name
EXHIBIT
I
Applicalio Srnrtzs
Class.
.
luckleRt
Arnozcnt to
,z Accepted Code
Code
site
Name
NwRber
be .P~Jd
1.
9/1/2004
2,
9/28/2004
3. 11/29/2004
4.
1Q’5/2004
5,
10/5/2004
5.
8/30/2004
7,
11/5/2004
~MU
FMU
FMIJ
FMLJ
FMU
FMU
FMU
HP
BAUGHER
IMPLEMENT CO
081572-43504
82.23227
SC
3ECKOILCO
HP
BELVIDERE
OASIS NORTH
HP
3IGFOOT
#176
HP
BIGFOOT #177
HP
BOILER
MASONRY INCINERATOR
SOWENS AMOCO
HP
8R$Gwror~iAMOCOSERVICE
BUTLER
AVIATION. MEIGS ~
Si
CANTON CITOC
HP
CARL. & NICK
OI..SP’IELL
CSRMAK~SAUTO
REPAIR
CHECKER
STORE NO.
CHEER STATION #7001
HP
CHRIES1’
GARAGE
SI
CLARK
85896
•
CLARK
OIL STORE
11258
CLARK
OIL
STORE
1334
HP
CORNER EXPRESS
SC
DAVE’S GARAGE
lIP
~E5 PLAJNES OASIS•
DICKEY’S SERVICE
‘HP
DIXCAR&TRUCK STOP
SC
ELKVILLE SCHOOL
HP
EVERGREEN SCAVENGER
SC
GARY’S
SERVICE
HP
•
GEORGE VIT~VEC
HP
GLEN
DRAKE
SC
HAN-OEEMART#27
HANNEL OIL COMPANY
HANNEL OIL COMPAN’~
HANNEL OIL COMPANY
HP
MARDIN
PACKAGE
HP
HARCIN PACKAGE
HARPER
OIL
CO.
8.
~“1/Z004
PMU
9. 10/28/2004
FMU
10.
,
0/29/2004
F~W
11.
8120/2004
FMU
12,
9/8/2004
FMU
13.
71912004
FMU
14.
9/9/2004
PMU
15.
9117/2004
FMLJ
18.
11/1812004
Fi~1U
17,
7/812004
FMU
18,
912212004
PMU
19.
lom/200d.
FMU
20. 11t19’2004
FMU
2~. 12/10/2004
FMLJ
22.
9/20/2004
PMU
23.
9/29/2004
,
FMU
24.
9/27/2004
~MU
25, 10/12,2004
FMLJ
26. 9/21/2004
FMU
27. 11(16(2004
PMIJ
28.
9/23/2004
PMtJ
29.
9/20(2004
MU
30.
7119/2004
PMU
• ,
31.
7/19/2004
FMLJ
32.
711912004
FMU
33,
9/17(2004
FMU
34.
9/18/2004
EMU
35.
31612004
FMU
rtie;may~
AprIl
/2,
.~s
20021154-43842
941516-44262
20000231-43787
20011193-43788
991118.43454
000346.44318
941836-43807
932229-44244
930583.43740
582403.43666
900611.43581
912050-43016
900891-43014
932235-43833
20030004-43622
930524-42858
931966-41001
992133.43774
20000722-.43838
041312.43645
20010275-43659
252486-43326
923
160-1401
980724.43525
960276-43677
20021049-43609
20000033.43598
981031-43638
930437-43057
930437-43085
930437
.43086
20000881-43637
20000651.43635
880825.43275
534,340.00
$1,560.00
55,106.95
$80,642.24
57,200,00
$634.86
$215,336.46
$31,968.49
833.87563
317,766.97
$30,546.14
$13,512.71
544,984-Is
• $55,268.14
$43,315.04
£55.527.19
SZ2tS.85
5.4,305,00
$5,722.10
113,41 7.10
$2,355.00
V.428.55
Si
7.050,70
S$E.557.05
S12,274~00
ST7,022.50
52,894,30
$1295.40
$12.884.7$
St
8,007.12
$15,251.00
825.890.22
$30,557.33
35.784,75
Pagii.Inf 3
APR 14 2005 11:57AM HP LASERJET 3200
p.3
36,
.
9/17/2004
37.
9/39/2004
38.
8/1312004
39.
9/29/2004
40.
10/412004
41.
8/10/2004
42.
0/21/2004
43.
0124/2004
44,
9/1/2004
45,
8(2/2004
46.
6(2/2004
47.
91812004
53.
9/2112004
FMIJ
FNL)
PMU
FM,1
FMU
FMU
MU
FMU
PMU
FML)
FMU
FMU
PMU
FMLI
PMU
PMU
FMU
~MU
FMU
FMU
54.56. 7/14/2004
9110/2004
56.
8/31/2004
57.
11/30/2004
58.
9/13/2004
59.
11/1012004
60.
9125/200’
81,
0/25/2004
62.
9/2112004
63.
9122/2004
84.
5/30/2004
•
68,
011/2004
• •
66,
712212001.
87.
9/17/2004
58.
712/2004
80.
8/30/2004
70.
9/22)2004
71.
9/22/2004
72.
12/1/2004
73.
7/29/2004
3!:.
Name
HP
HAWTHORNE RACE
COURSE
HP •
HELMUT VITO
SER INC
LP
HSKPARTNE~
HP J&LOILINC
HP
J1M’S MOØIL
JIM’S SHELL A MARINE
HP
JOHNMZIEL
HP
Jo-VS
A5pn~ItI~ic~
HP
KELLY JOHNSON
• KERR
MCGEE 1121-7800
KERR
M
GEE
87740
KILLION’S 86
KILLION’S
55
LARRY’S SUNOCO
LEE’S
FOOD MART
LEONARD HENSOP4
HP
UNKES OIL
CO
SI
LOWE
OIL CO
MARATHON LJI’4I7 #1718
MARATHONUNIT 2352
HP
MUNSTERMAN
SHELL
STATION
lIP
MUN$TE~MANSHELL
STATION
HP
O’GUINN’S SERVICE
HF
PAWPAWSUI’/OCC
HP
PIONEER OIL CO
SI
Pth~ceIon,
Ckyof
SI
P,ln~ito~,
Ci1~~(
tIP
PUMP N P’N’17Rv
REEvES
aROThERS
HP
SCHAFER
TEXACO
SCDrrS U.SAV~
HP
SEACO.INC.
SHELL OIL COMPANY
SHELL
SERVICE STATION
HP
SMELL
SERVICE
STATION
HP
SMELL
STATION
~l545.28
HP
SIMPSON’S AUTO SERVICE
SPARTA
AMOCO
312,983.68
35,170.05
•S43.Ui.4Z
$21,980.93
SB 89721
$55400
$13,714.70
$27,272.73
£9,347.34
51,841.70
$29,065.73
81,
782.00
520,056.74
370.00
31,009.18
$8,708.06
95.115,18
$1,586.75
555,272.15
87.543,50
•~••-•..,,.
—
,~•
Appikatia
$fatus
Class.
n Acceprad
Code
Code
1iicid~i~t Anioisnl to
Nun~ber
be .?aItI
PMLJ
990171-43684
SS,717.40
PMU
FML)
FMU
FMU
FML)
PMU
FMU
PMU
FMU
PMV
FMU
FMU
FMU
FMU
FMU
FMU
$16,210.00
$15,065.30
• Sf7,504.90
8362.102.50
55,391.01
510.503.90
538,369.68
$58,036.39
$20,786.64
46.
8/8/2004
45.
8/18/2004
60, 11/19/2004
51.
11/22/2004
52~ 11/18/2004
96.3104.43835
962005.43387
941021-43745
982564-43799
911259-44043
20000267-43657
941222-43713,
20001580.43517
561209-43243
890305-43248
923486-42779
923468-42776
912060-42560
590463-41951
902896—44239
20000417.4.4045
20020882-43375
913475.43113
012044-42255
942097.43518
942007-44341
991616-43601
942249-44242
961633-43724
903306-43776.
903396.43715
*40168-40666
022378.42961
20001544.43070
922559-43118
90209144042,
891320.430*
932108.43532
200ö161443689
20002159-43888
941010-44317
923006.43193
$15,331.73
• $L121.03
58.101,00
52.970,84
SI 1.23822
912.98916
$2.078.52
S
12.4
19
.75
Tuc~’thiy,
.4prif
T2.200.8
APR 14 2005 11:57AM HP LASERJET 3200
Applicatia
S:atz~
Class.
Iircldei:t
~4mos:nrlo
a
4ccep~ed Code
C’ode
Site Name
•
Number
be Paid
74.,
9/24/2004
~MU
$0
SPEEDWAY STATION #5239
•
92083~-33061.
39,041,52
75. 6/10/2004
FMU
SPEEDWAY STA~fl0N,#7215
920245-43313
$1,554.04
78.
911/2004
FMU
STEIF*4?(MER
PROPERTY
923370-42824
348,804.12
77.
8/13/2004
PMU
HP
SULLIVAN
PLANT
970472-43602
Sa.U0.00
78.
9117/2004
FMIJ
HP
SUNRISE
OIl.. CO
20000975-43835
33,708.50
79. 6(4/2004
FMU
THIELE GARAGE
92058843253
52,921.25
80, 6/25/2004
PIlL)
ThRE!$~UAREFEEDS
900721-43912
54.4,318.32
81.
6/15/2004
FMU
TOM’S
PUFF S STUFF
900924-42844
$8,857.01
87,
9(7/2004
PIlL)
HP
TOWANDA MINi MART
20001313.43553
$901.89
53. 6/26/2004
FIlL)
LP’
TRAVEL ~T
20000554.42525
316,547.31
84.
9/17/2004
FIlL)
HP
T.TOWN
DRIVE THRU
032759.43844
315,559,53’
85.
11/22/2004
MLI
HP
VANOALIA BUS GARAGE
941078-44245
514,281.53
56 11/19/2004
FIlL)
HP
VANDALIA
3US
GARAGE
041078-44245
55,321.66
67.
9120/2004
~MU
HP
WA6ASH
VALLE’I’ OLNEY
991080-43540
‘
$2,599.15
88. 9111/2004
FIlL)
WAUKEDAN
GASS’TOP, IP4C.
901232.42501
,,
$50,337.14
.39, 9/23/2004
PMU
HP
‘WE8ER REPAIR SHOP
,
880712-43736
5240.00
N.
5/18/2004
FlIt)
HP
WII,LIAMFEAR/ROBERTLQCAN
970608-43377
55,583.03
91,
9/2Q/20p4
PMU
EA
WinIISId Servioe
20040713-43687
$31,505.04
(01
R.qm51s)
,
Touil Anwimt
Paid:
$2,206,496.69
Aver**ge Payment’
•
524,247,22
7”suda,~’,,4pp//
12..2005
,
,
Pu~~.1
nf 3
