BEFORE T
v.
DICKERSON PETROLEUM,
Respondent.
LLlNOIS POLLUTION
CONTROL
BOARD
PCB No.
ICE OF FILING
TO: Mr. John T. Therriault
ss
100
C arol W ebb, E sq.
Officer
rol Board
pson Center
ioner,
(VIA ELECTRONIC
Chicago,
ICE that
the Illinois Pollution Control
Board a PET
Pollution Control
Board, a copy of
Illinois Pollution Control Board
1021 North Grand Avenue East
P ost O ffice B ox 19274
linois 62794-927
today filed with the Office of the Clerk of
rected to the
is herewith served upon you.
DICKERSON PETROL
EU
Dated: July 10, 2009
3150 Roland Avenue
Post Office Box. 5776
Springfield,
Illinois 62705-5776
(217) 523-4900
By: /s/Edward W. Dwyer
One of
Its Attorneys
THIS
FILING SUBMITTED ON RECYCL
Electronic Filing - Received, Clerk's Office, July 10, 2009
* * * * * PCB 2010-005 * * * * *
INOIS POLLUTION
CONTROL
BOARD
DICKERSON PETROLEUM, INC.,
ILLINO
NOW C
PROTECTION AGENCY,
)
Respondent.
on
ioner,
orneys,
HODGE DWYER & DRIVER, and pursuant to Sections 40
ner, DICKERSON PETROLEUM, INC. ("Petitioner"), by
5/40 and 35
111. Admin. Code Part 105, hereby requests review of the decision by the Respondent,
Illino
for payine
located at
mental Protection Agency ("Agency"), regarding Petitioner's appli
he Leaking Underground Storage
ioner states as follows:
ner was the owner o
orage tanks ("USTs")
2.
2008.
("OSFM")
req.
peer Cahokia Road, Cahokia, Illinois ("Site"), prior to their removal on
On January
18, 2008, during a pr
ation o
e with applicable Board and Office of the State
Fire
notified the Illino
Management Agency ("IEMA")
of a release from the USTs. IEMA assigned the release
Incident No. 20080084.
Electronic Filing - Received, Clerk's Office, July 10, 2009
* * * * * PCB 2010-005 * * * * *
inner received an Eligibility and Deductibility determination from OSFM on Ap
2008.
3.
On February 15, 2009, Petitioner submitted an application for payment
the LUST Fund to the
Agency. The application was for costs incurred by Petitioner
the early action period covering January 18, 2008 to September 5, 2008. The
application requested reimbursement of
costs totaling $84,090.
4.
By letter dated June 10, 2009, the Agency determined that "[b]ased
on the
information currently in the
EPA's possession, this incident is not subject to T
XVI: Petroleum Underground Storage Tanks
of
Id.
or 731." See
Letter from Illinois EPA to Dickerson Petroleum, Inc. (June 10,
2009),
attached hereto as Exhibit
The date of service on t
his claim cannot be reviewed
and a voucher cannot be prepared
bnlissio
2, 2009. The
and 35 Ill. Adm. Code 734, 732,
"[t] herefor
rdance with Board's rules governing
T appeals. 35 Ill. Admin. Code §§ 101.300(c),
105.404.
0, 2009 letter provides neither a statutory nor regulatory basis
able because the
lations.
considered
corrective action as defined by the
009 final
ion for Review was filed within 35 days
after the
Act in Section 57.2.
415 ILLS 5/57.2. An owner or operator of an UST may seek
Electronic Filing - Received, Clerk's Office, July 10, 2009
* * * * * PCB 2010-005 * * * * *
reimbursement for corrective action costs, including costs incurred for early action
ities, from the LUST Fund pursuant to
the Act and Board regulations. 415 ILLS
5/57.8; 35 Ill. Admin. Code Part 734. Subpart B of Part 734, as well as other sections of
Part 734, provide the requirements for seeking reimbursement from the LUST Fund for
early action activities. 35 Ill. Admin. Code Part 734.
8.
Petitioner submitted the documents required by the applicable statute and
regulations to the Agency.
s June
10, 2009 final decision determined that it
oner's application for payment from
ation
does not provide a factual, statutory, or
object to UST
regulation. See Exhibit A. The June 10, 2009 letter was a
final decision and may be reviewed by the Board pursuant
to
Section
40
of
tl
10, 2009 determ
that the release "is not subject
to 35 Ill. Adm. Code 734, 732 or 731." ,Sec Exhibit A.
riders the Agenc
Toner
UST Fund because the
nd without statutory or
Act to review of the Agency's final
ersal of such decision. 415
ILLS 5/40.
1
0.
T he Agency's decision constitutes a refusal to reimburse corrective action
costs, which is subject to review pursuant
to Section 57.8(i
5/57.8(i);
415 ILCS 5/40.
I l.
5 ILCS
tioner is entitled to seek
review of the Agency's June 10, 2009 final
ion that the above-referenced incident
is not
subject
to the State's
Electronic Filing - Received, Clerk's Office, July 10, 2009
* * * * * PCB 2010-005 * * * * *
regulations. The Agency's determination
regarding
and without statutory or
regulatory authority.
12.
ncident is arbitrary, capricious,
On July 10, 2009, Petitioner
filed a Motion to Consolidate an appeal of the
Agency's
final determination in a
ngs conce
s that the Illinois
Consolidate,
Dickerson Petroleum, Inc. v.
Illinois Environmental Protection Agency,
o. 09-87 (July 10,
2009).
PETROLEUM,
the folio
ution Control Board grant
0,
2009 final decision
or regulatory authority,
b.
Reverse the Agency's
determ
not subject t
ious matter with this Petition since
the two
cident
and stem from the same facts. See Motion
to
for the above and
foregoing reasons, Petitioner, DICKERS
ove-referenced
incident is
orda
rt 734;
at the above-referenced
incident is eligible to access the
LUST
Fund and that costs incurred during
the early action period
for this release are eligible for
LUST Fund in accordance
with applicable regulations;
Award Petitioner
reasonable attorney's
fees and expenses incurred in
Electronic Filing - Received, Clerk's Office, July 10, 2009
* * * * * PCB 2010-005 * * * * *
Award such further relief as the Board deems
Respectfully
submitt
nd equitable.
DICKERSON PETROLEUM, INC.,
Petitioner,
Dated: July 10, 2009
By: /s/Edward W. Dwyer
One of Its Attorneys
Monica T. Rios
3150 Roland
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
CAHO:001/Pil/ Petition for Review - Reimbursernent Denial
Electronic Filing - Received, Clerk's Office, July 10, 2009
* * * * * PCB 2010-005 * * * * *
JUL—10—2009
16:04
HDD
P.01/03
Exhibit
A
ILUNOIS
ENVIRONMENTAL
PRQTCTON
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94-926
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(211
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:CNm.
I
CWsr
tUOLI’H
SLjIT
1
3O’.
C’Q,
IL
66O1:
—
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D(gCrow
2!7flg2-6:72
.‘CERTlFJJj
:j%jfl.
JUN
,i
7J
fl:J
Thkersji:1
Inc.
Thomas
1-1.
Wu11cr
:2ONprtbjfljnøjs
.,
BdfleviJie.,flhjnos
62220
Re:
LEC.1630Z05077—
St.
Clair
uiity
/.
Pen-oljminc
:2,3
OpperCahokIa
1neident-CiairnN.
20080084
--
5623
Queue
Date:
February
l7,
2009
Leaking
tJST,Fscai.Plle
.PearMr.
VuJler:
Th
Illinois
Ei
ironfn(1ta1
1rotee.tjc,n
Agency
(lllinois.EPA)
ha
received
an
appUcaior
fQr
pa.
.entfwm,the
L!niergruiid
Storage
Taik
.UST)Fun
for
the
aSQve-r6fernced
Leaidng
.IYST
incident
pursuant
to
Sectiøo
57.
cf
the
flBno
Eionrncntai
Proetion..Act.(Act,
as.-arnended.by
PubIft
Act
92-0554
on
June
24200and
35:
Cede
(35.111.
Adm,
Code)
734,:SibpF.
‘This
appJ:icatio
fOr:
payrnent.ls-dàtcd
Fthruaiy15
2009
and
was..
received
by
the.
illinois
EP
on
.Eè.ruary
17.
2.0.09.
It
coers
18,
20Qto.Septeiiibr5.
00g,.
Th
amount
rrqusted
is
$84.(Y0;6
Based
i
infOrrnótion
cuitently
lilinois
EPA
oeiön
this
incident
is
ñQt.
subjea
to
Ti
tie
XV1
Pewoleurn
{Jnderround
Storage
Tanks
of
tht.
Act
tnd
35
111
dxn
Code
734,
732
or
73
Threfon,
the
llhnøis
EPA’s
hi
detrtnnred
that
thj
claim
cannot
be
-wed
nd
a
youc
icr
cait
b.
prpard
for
subrnissi:oi
totIe’
CornptroliWs
Office
thrpaymcnL
This.
co
itte
illinois.
EPA’sfmai
action
with
regrd
to.the
above
appB
cation
tbr
payment.
4
ndergrpund
storagc
tank
systtrI.wner
or
operatbt
may
1pi
this
,decin
.ø
the
1ii:tis.Ption
Contra!
4ax4
Appal
rights
re
attached.
..
43
t’øtJi
-re;
-
-
‘.
il;
ii1
-
ithSit
Fi
)
l1
If’4r
11
P’
41
1.)
id
SL
P(i
IL6it
14
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Tk
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tjp
I
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I
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9.H
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ctvil
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ti.mpn,
1L52
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Cc,
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?,134
1$
)
—
f4
rj
.I
ii
1
1u
MTJh
11
j_OI)
9.ai
IcCCL’
I%ñ$
Electronic Filing - Received, Clerk's Office, July 10, 2009
* * * * * PCB 2010-005 * * * * *
P.
02/03
JUL—10—2009
16:04
HDD
U’yQu
have
any
q
stions
ør
reqiiire
fwther
:aitan,
p]eae
o.ntactTh-ian
auer
of
my
stafft
21
7?S2-3335
Sincerely,
il
Lekig
ILnderground.
Storage
Thnk.SLion
Dhi1on
of
Rejnediation
M:iemcnt
Bureau
ofl.and
HAA.:
c:
J*riache.r
Angleton
Associates.
LLC
Leaking
UST
Clafrñs
Unit
Brian
Bftzer
Electronic Filing - Received, Clerk's Office, July 10, 2009
* * * * * PCB 2010-005 * * * * *
P.
03/03
JUL—10-2009
16:04
HDD
Appeal
Rig)zis
An:undrground
to.rage
uk
wner
or
opeaor.
ay
.ppeaLthis
fnaI
decision
to
the:.flUiøi
Pollution
Control
I3oard
puruant
to
Sections
40
ano
57
)
of
the
by
fllrng
a
petuon
før
a
htraring:within
35
dayst
the
date
of
issuance
of
the
f’iiiai.decision.
Fowevr
the
3Sday
pcriod
may
be,extended
for
a
period
of
time
nbt:t
cxc
0
days
by
written
nOtice
from
the
owner
or
operaroraad
the
flhinis
EPA
withñi
theitui
35-day
vppeal
pexiQd.
If
the:0tner
or
øptatorwishs
to
receive
9Odry
extens’on,
WrttttT1
reouest
thar:incIde
tatement
tif
the
thtethe
final
ctcision
vas
rcc.eiec1,
along
with
a
copy
of
This
deisib.n,
must
be
en
to
the
1.llinojs
.E?.A
as
soon
as
ppssile
Fr
infO
rnation..rgarding.the
request
:foran
extension,
kase
con;act:
Illinois.
Environrnent11
Protection
Agency
Division
of
Lea1
C®Dsj
!OZ1
North
Grand
Avenue
East
Post.
Oc
8ox
9276
Springfield.
IL
62794-9276
21
7/7.825544
For
hforniation
regarc
ng:thefilng
of
an
appeal,
please
contact:
illinois
P4Jflution
Control
Boards
Clerk
Slate
of
Illinois
Center
I
DO
West
Randolph,
Suite
II
5OO
Cicago,lL
60601
.312)814-3620
TOTAL
P.03
Electronic Filing - Received, Clerk's Office, July 10, 2009
* * * * * PCB 2010-005 * * * * *
CERTIFICATE
OF SERVICE
Edward
W.
ersigned,
hereby certify that I have serv
attached PETITION FOR REVIEW
upon:
Jo hn T .
Therriault
C lerk of the Board
Illinois Pollution Control Board
100 West Randolph
Street
Suite 11-500
nois 60601
electronic
mail on July 10, 2009;
and upon:
G. Richardson
ion of Legal
Counsel
102
1 Protection
Agency
Post Office Box
19276
Springfield,
Illinois 62794-9276
by depositing said document
Illinois on July 10,
Carol Webb, Esq.
Hearing Officer
Illinois
Pollution Control Board
1021 North Grand Avenue
East
Post Office Box
19274
62794-9274
Edward W. Dwyer
CAHO:U0I/Fil/NOF
& COS--Petition for
THIS
FILING SUBMITTED ON
RECYCLED PAPER
d ,
Electronic Filing - Received, Clerk's Office, July 10, 2009
* * * * * PCB 2010-005 * * * * *