SWEARINGIN AMOCO,
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
CLERK’S OFFICE
NOTICE OF FILING
John Kim
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box19276
Springfield; Illinois 62794-9276
Carol Sudman
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
PLEASE TAKE NOTICE
that on March 9, 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 ofIllinois Environmental Protection Agency Decision.
Dated: March 9, 2004
Carolyn S. Hesse
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)
357-1313
208833v1
Respectfully submitted,
Swearingin Amoco
By:
Cj~~~y-J~
l~(c-°&
One ofIts Attd~neys
V.
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
)
)
)
)
) PCBO4-
j5(
) USTFundAppeal
MAR
092004
STATE OF fLUNOIS
Poflution Control Board
)
)
)
)
TO:
This filing submitted on recycled paper as defined in 35
III.
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 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
Carol Sudman
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
from One North Wacker Drive, Suite 4400, Chicago, Illinois, before the hour of 5:00 p.m., on
this 9th Day of March, 2004.
•
CarolynS. He e
H~
This filing submitted on recycled paper as defined in 35 Ill. Adm. Code 101.202
2
L
•
CLEAI.(’S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
MAR
092004
OF THE STATE OF ILLINOIS
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SWEARINGIN AMOCO,
)
POlt~tj~~i
Control Board
Petitioner,
)
v.
) PCB04-i~
)
UST Fund Appeal
ILLiNOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
•
)
•)
Respondent.
)
PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY DECISIONS
Swearingin Amoco by its attorney, Carolyn S. Hesse of Barnes & 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 owner ofproperty 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 (UST5) on the property, which store
gasoline and diesel fuel.
2.
LUST Incident Number 830255015 was obtained following a site investigation;
3.
On March 4, 2003, the Agency received Swearingin’s request for reimbursement
of costs from the Illinois Underground Storage Tank Fund (the “Request”) for the
period from Junel, 1996 to June 30, 1996, in the amount of$5,566.40.
4.
The Agency denied certain costs in the Request in a letter dated February 3, 2004,
a copy ofwhich is attached hereto as Exhibit A.
ITIlis filing submitted on recycled paper as defined in 35 III. Adm. Code 101.202
5.
Swearingin is appealing this February 3, 2004 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 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.
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 Amoco
By: __________________
One ofIts At1~neys
Carolyn S. Hesse, Esq.
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
208844v1
This filing submitted on recycled paper as defined in 35 UI. Adm. Code 101.202
-
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 11-300, CHICAGO, IL 60601
ROD R. BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
217/782-6762
~
1i•
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•
FEBO3 2004
13Y___
____
Swearingin Services, Inc.
Attn: Ronald Swearingin
P.O. Box 571
Carlinville, Illinois 62626
Re:
LPC#0830255015--JerseyCounty
Jerseyville/Swearingin Service
503 South State Street
LUST Incident #901084
LUST FISCAL FILE
Dear Mr. Swearingin:
The Agency has completed the review ofthe request for reimbursement of corrective action costs
from the Illinois Underground Storage Tank Fund for the abovereferenced facility. The invoices
reviewed covered the period from June 1, 1996 to June 30, 1996. The amount requested was
$5,566.40.
The deductible amount for this claim is $10,000.00, which was previously deducted from the
Invoice Voucher dated December 17, 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 4, 2003, the Agency received your complete request for payment for this claim. As a
result ofthe Agency’s review ofthis claim, a voucher for $5,016.40 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 8b(g) and Section 40 of the Act by filing a petition for a
hearing within 35 days after the date of issuance of the 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
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owner or operator and the Illinois EPA within the initial 35-day appeal period. Ifthe owner or
operatol 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 regarding the filing of an appeal, please contact:
FE~
~ 20fl4
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 ofan 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, please contact Bambi Redpath of my staff or Karl Kaiser of the
technical staff at 217/782-6762.
Sincerely,
Douglas E. Oakley, Manager
LUST Claims Unit
Planning & Reporting Section
Bureau of Land
DEO :BR:mls\043367.doc
Attachment
cc:
CW3M
Ri~.(.~T\,TED
Attachment A
-. ~
~
2004
Technical Deductions
~
________
Re:
LPC#0830255015--JerseyCounty
.
.
Jerseyville/Swearingin Service
503 South State Street
LUST Incident No. 901084
.
LUST FISCAL FILE
Jtern#
Description of Deductions
l~
$550.00, deduction in excessive groundwater treatment system costs that the
owner/operator failed to demonstrate were reasonable (Section 22.18b(d)(4)(C) of the
Environmental Protection Act).
. -
KEK
701 W. South Grand Avenue
C
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TS~EC0 Ill j3
aflT
Springfield, IL 62704
•
Environmental Consulting Services
.
Phone:
Fax:
(217) 522-8001
(217) 522-8009
March 3, 2003
Mr. Doug Oakley, Manager
LUST Claims Unit, Bureau of Land
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
RE:
LPC #0830255015—Jersey County
Jerseyville/Swearingin Services, Inc.
503 South State Street
-
LUST
Incident #90-1084
LUST FISCAL
FILE
Dear Mr. Oakley:
-
Enclosed, please find two copies of a reimbursement request previously submitted on
October 31, 1996 for the above referenced site. This request covers the time period of
June 1, 1996 through June 30, 1996. While doing research into the status ofpreviously
submitted reimbursement requests for Swearingin Services, it was brought to our attention
that this request was entered in the LUST database as “File Unavailable”. After a
subsequent discussion with Mr. Karl Kaiser, we confirmed that this reimbursement request
could not be located.
Therefore, on behalf of Swearingin Services, Inc., we respectfully request review of this
reimbursement request. The original forms were included with the original request.
Should you have any questions or need additional information, please contact our office at
your earliest convenience. We may be reached at (217)522-8001. Thank you for your
assistance.
Enclosure
xc:
Mr. Ron Swearingin,
Swearingin Serk’ices,
Inc.
Mr. William T. Sinnott,
CW1M Company, Inc.
Epacor44.doc
701 W.
South Grand Avenue
515 Cypress
Road,
P.O. Box 513
Springfield, IL
62704
Dongola,
IL
62926
(217) 522-8001
(618) 937~3219
Rowe, P.G.
Senior Environmental Geologist