)
)
)
PCBO4-
)
USTFund Appeal
)
)
)
)
NOTICE OF FILING
John Kim
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
RECEIVED
LERKS OFFICE
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 11, 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 11,2004
Carolyn S. Hesse
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)
357-1313
208833v1
Respecthilly submitted,
Swearingin Amoco
By:
One ofIts Att~ys
~ N~
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
SVEARNGIIN AMOCO,
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
TO:
MAR 112004
STATE OF ILLINOIS
PoIIu~ft~riControl Board
This filing submitted on recycled paper as defined in 35 III. Adm. Code 101.202
CERTIFICATE OF SERVICE
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
11th
Day of March, 2004.
Carolyn S. Hess
This filing submitted on recycled paper as defined in 35 III. Adm. Code 101.2021
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:
2
RECEIVED
BEFORE THE POLLUTION CONTROL BOARD
CLERK’S OFFICE
OF THE STATE OF ILLINOIS
1
,SWEARINGIN AMOCO,
)
STATE OF ILLINOIS
Petitioner,
)
PQIIution Control Board
V.
)
PCBO4-
1
c~.
)
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 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 owner of property 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 June 27, 2003, the Agencyreceived Swearingin’s request for reimbursement
of costs from the Illinois Underground Storage Tank Fund (the “Request”) for the
period from February 1,2000 to July 31, 2000, in the amount of $18,522.18.
4.
The Agency denied certain costs in the Request in a letter dated
February 11, 2004, a copy ofwhich is attached hereto as Exhibit A.
This filing
submitted on recycled paper as defined in 35 Ill. Adm. Code 101.202)
5.
Swearingin is appealing this February 11, 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 of Its Attor1~ys
Carolyn S. Hesse, Esq.
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)357-1313
209166v1
EThis filing
submitted on recycled paper as defined in 35
III.
Adm. Code 101.202
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY.
1021
NORTH GRAND AVENUE EAST,
P.O. Box 1 9276,
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
~VJ\TED
rEBI1 2004
.
Attn:SwearinginRonaldServices,SwearinginInc.
I~x~~J
P.O. Box571
Carlinville, Illinois 62626
Re:
LPC#0830255015--JerseyCounty
Jerseyville/Swearingin Amoco
503 South State Street
LUST Incident #90 1084
LUST FISCAL FILE
Dear Mr. Swearingin:
The Agency has completed the review ofthe request for reimbursement ofcorrective action costs
from the Illinois Underground Storage Tank Fund for the above-referenced facility. The invoices
reviewed covered the period from February 1, 2000 to July 31, 2000. The amount requested was
$18,522.18.
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 June 27, 2003, the Agency received your complete request for payment for this claim. Asa
result ofthe Agency’s review of this claim, a voucher for $15,564.12 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 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 22.1 8b(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 of time not to exceed 90 days by written notice from the
ROCKIORD —
431)2
Nohh Main Street, Rockforcl, IL 61103 —815) ‘017-7760 •
DES
PLANES
—9511 W. Harrison St., De5 Plaines, IL
Eioo. — 595 South Slate, Elgin, IL 60123 — 1847) 608-3131
•
PEORiA— 5415 N. University St., Peoria, IL 61614— 1309
B~st.~u
OF
L~o- Pti)k’i\ — 7620 N. Universily St., Peori~,IL 61614 — 311.0 69.3-5462 • CIi~\~wMG,
— 2125 South First Street, Chanipaig
~
SPRINGEISLO —4500 5. Sixth Street Rd., Springfield, IL 62706 —1217) 786-6892
• CoILINSvILLE —2009 MaIl Street, Collinsville, IL Ii
M’~etoN
— 2309 W. ~tainSt.. Suite 116, Marion, IL 62959 —(618) 993-7200
PRINFFD ON
RFCVCLr.D
PAPER
Page 2
owaer 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 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 ofan appeal, please contact:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State ofIllinois 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 Kevin Mably of my staff or Karl Kaiser from
Cliff Wheelers staff at 217/782-6762.
DEO:KM:bjh\043299.doc
Attachments
E. Oakley, Manager
LUST Claims Unit
Planning
&
Reporting Section
Bureau of Land
cc:
CW3M Company
Attachment A
Accounting Deductions
Re:
LPC#0830255015--Jersey County
Jerseyville/Swearingin Amoco
503 South State Street
LUST Incident No. 901084
LUST FISCAL FILE
Item #
Description of Deductions
1.
$425, 81, 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 2/00
2/00
2/00
3/00
4/00
5/00
6/00
7/00
$425.81 Total Accounting Deductions
$34.80 Handling on denied costs
Advanced Env. Drilling
$24.02 Invoices billed direct to 0/0
no handling
$290.00 Advanced Env. Drilling
$2.60 Invoices billed direct to 0/0
no handling
$23.68 Invoices billed direct to 0/0
no handling
$22.51 Invoices billed direct to 0/0
no handling
$14.19 Invoices billed direct to 0/0
no handling
$14.01 Invoices billed direct to 0/0
no handling
DEO:KM:bjh\043299.doc
Attachment A
Technical Deductions
Re:
.LPC#08302550l5....JerseyCounty
Jerseyville/Swearingin Amoco
503 South State Street
.
. PVC’.ETXTED
LUST Incident No. 901084
LUST FISCAL FILE
.
.
Item #
Description of Deductions
1.
‘$2,532.25, deduction in excessive groundwater treatment system operation and
maintenance costs that the owner/operator failed to demoiistrate were reasonable
(Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).
DEO:KM:bjh\043299.doc