BEFORE THE POLLUTION CONTROL BOARD
~ECE~’ED
OF THE STATE OF ILLINOIS
CLERK’S
OFFICE
Petitioner,
)
)
)
PCBO3 -203
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE
OF FILING
STATE
OF
ILLINOIS
Pollution
Control Board
John Kim
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Carolyn S. Hesse
Barnes
& Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
174687v1
Dorothy Guim
Clerk ofthe Board
Illinois Pollution Control Board
James R.
Thompson Center
Suite 11-500
100
West Randolph Street
Chicago, Illinois
60601
OWENS OIL COMPANY,
)
)
V.
JUL
1
4
2003
TO:
PLEASE
TAKE
NOTICE
that on the
Monday,
July 14,
2003, filed with
the
Clerk of
the
Illinois
Pollution
Control
Board
of the
State
of Illinois
an
original,
executed
copy of one
Petition for Review of Illinois
Environmental Protection Agency Decisions
and Appearance
for
Carolyn S. Hesse.
Dated:
July
14, 2003.
Respectfully submitted,
Owens Oil Company
By:
______________
One of Its Att~rneys
This
filing
submitted on recycled paper as defined in 35
Ill. Adm.
Code 101.202
CERTIFICATE OF SERVICE
I,
on oath state that I have
served
the attached one
Petition
for Review
and
Appearance
by placing a copy in an envelope addressed to:
U.S. MAIL
HAND DELIVERY
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,
this
14th
Day of July, 2003.
Dorothy Gunn
Clerk ofthe Board
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
Carolyn S. H~se
Suite
4400,
Chicago,
Illinois, before the hour of 5:00
p.m., on
CHDSOI
CSH
174839v1
This
filing submitted on recycled paper as defined in
35 Ill. Adm.
Code 101.202
RECEIVED
BEFORE THE POLLUTION CONTROL BOARD
CLERK’S
OFFrCE
OF THE STATE OF ILLINOIS
JUL
1
4
2003
OWENS OIL COMPANY,
)
STATE OF ILLINOIS
)
Pollution
Control Board
Petitioner,
)
)
v.
)
PCBO3-203
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
APPEARANCE
NOW
COMES
the
undersigned,
Carolyn
S.
Hesse,
and
enters
an
appearance
for the
Petitioner, Owens
Oil Company, in the
above captioned matter.
Dated:
July
14, 2003
Respectfully submitted,
Owens Oil Company
By:
~
One ofIts At~~eys
Carolyn S. Hesse, Esq.
Barnes & Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
174684v1
IThis
filing
submitted
on recycled
paper as defined in 35
Ill.
Adm.
Code
101.202
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
RECE~VE~
OWENS OIL COMPANY,
)
CLERK’S
OFFICE
Petitioner,
JUL
1
4
2003
)
P~B
03
-
203
STATE OF ILLINOIS
)
(UST Appeal)
Pollution
Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY DECISIONS
Owens Oil
Company, 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.
Owens
Oil
Company
(“Owens”)
is
the owner of property
located
at
401
North Main,
Greenfield, Greene
County,
Illinois.
The site was a gasoline
service station that had underground storage tanks
(USTs) on the property,
which stored gasoline.
2.
LUST
Incident
Number
892547
was
obtained
following
a
site
investigation.
3.
On
June
17,
2002,
the
Agency
received
Owens’
complete
request
for
reimbursement of costs from
the Illinois Underground
Storage Tank Fund
(the “Request”) for the period from March
1, 1997
to May 31,
1997 in the
amount of $12,018.38.
IThis filing
submitted on recycled paper as defined in 35 Ill. Adm.
Code
101.2021
4.
The Agency denied certain costs in the Request in a letter dated March
18,
2003, a copy of which is attached hereto as Exhibit A.
5.
Owens is appealing this March 18, 2003 denial because the Agency denied
certain costs by claiming that the owner/operator failed to demonstrate that
the costs were reasonable.
6.
Owens
disagrees with
the
Agency’s decision and
believes
that
the
costs
submitted for reimbursement are reasonable corrective action costs
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
theUSTFund.
8.
On
April 25,
2003,
the
parties
timely
filed
a joint
notice
to
extend
the
appeal
deadline.
On May
1,
2003, the Board filed an
order
extending the
appeal
deadline until July 22,
2003,
a copy of which is
attached hereto
as
Exhibit
B.
Pursuant
to
the
Board’s May
1,
2003
order,
this
appeal
is
timely filed.
IThis
filing
submitted on recycled paper as defined in 35 Ill. Adm.
Code
101.2021
2
WHEREFORE,
Owens
Oil
Company 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,
Owens
Oil Company
•
By:
________________
One of Its Attotheys
Carolyn
S. Hesse, Esq.
Barnes & Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)357-1313
174580v6
This
filing submitted
on
recycled paper as defined
in
35 III. Adm.
Code
101.202
3
N\).
J’+O
.J/
‘J
•
VK.
23~200J
~:22~M
W
e
ILLINOI.S
ENVIRONMENTAL
PROTEC11ON
AGENCY
•
1021
NORTH
GR.Aj’~c
~V~NUE
E~sr.
P.O.
Sox
1 9276.
SP~INcr.laD.Jws~o~
62794-~27c,
J~iE5
IZ.
T~o~-ipS~
CaNTER,
100.
W~5TR,\r~1r~0u’H,
SuITE
11-300.
CHJcA~,
ZL.
601,07
ROD
R.
BL~co~vlcH,
GOV~RN0R
RENEE
CLPR1ANO,
DIRECTQI~
217/782-6762
0
•
MAR1~i2OO3
lIAR
18
2D03
•
~
Owens
Oil
Company
do JohnT. Owens Revocable Living
Trast dat
Route 1, Box
184
Carroilton, Illinois
62016
Re
LPC#0610155002--. Greene County
•
-
Green.field)Owens Oil Compax~y
401
North Main
LUST Incident #892547
LUST FISCAL FILE
Dear Sir/Madaxta:
The Agency h~s
completed the review ofthe request for reimbursement ofcorrective action costs
from
the Illinois Underground Storage Tank Furid
for the above-referenced facility,
The invoices
reviewed covered the period from I’4arch
1,
1997 to May 31,
1997
The
amount
requested was
S12,Ol8.38.
The
deductible amonnt for this claim
is
S 10.000.00, which was previously deducted from the
Invoice Voucher dated March 20,
1995.
Listed
in
Attac,hment A are the costs which are not being
reimbursed from this request and the reasons these costs are not beinS reimbursed.
On June
17, 2002, the Agency received your complete request for paymen~
for this
claim.
As a
result of the Agency’s review ofthis claim, a voucher for $9,206.3~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 beem/are submitted wifl bc proce’ssed ba.sed upon. the date con~pleLe
si.ibsequent 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
ox operator may appeal thi~
fina
decjsjcn 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 ofissuance of the final decision.
However. the35-day
period may be extended for a period of time not to exceed 90 days by
written notice from
the
owo~r
or operator and the Illinois
EPA
within th~
initial
35~day
appeal period.
If the owner or
~.trI.1~t4II
4
I(1~
l’k,rsb
~
Str~,1.
R~ckIt,~1.
IL
Fj
~1
I
RI
~
~It~~~c.tt
-
I~1’,
,~
—
W.
I1~rrs,,r,
SI
~‘.
!‘l.ttt~,.-..t~1.111)11.
~
ftt’
—
5~
c
~
.SI.~W.
FI~
II_ (.(t I
t~t~
7
I~(PI.
1
•
Pr
F
r~’~
—
4
~ N
( m~,
r,~t
v
~4I,,
~‘~,?ri1.
It.
I,
Is
i?CI’IJ (~)I
~
•~
F
‘r
t\-1
1’rnk,’
.
7r~~()
N,
t,,n-,~’~’rs,,v
~i,
r’~~r’.,
II
‘
r~i~
~
•
c
~:.‘.
2
5r,ulI~
riN
,~Irs~rt.
C
Ii,sm,i.~’IIfr,II
c,i
I
4~t)LJ
~.
.~L’l!I
•~ir’~i
I~IL.
~Ijrn1~CI~ICi.
IL
~
.
I.~
—,
~
(,~
i’.’.t,Iti
1
..!(tII’J
,‘.iiII
$Irç’r’(. (
Il/I,,t\LtIIF’
It
ii,,~
1-1
huh
~
U,~,l
MA1III
)~.—
~3
ri~
1.-v.
M,ijlt
SI..
St,ilr
I
I I,
i~rI~II,
I.
\~~J
~J’+~’i
~
~
)
APP.
23
2~)3 222PM
0
Page
2
operator wi~hes
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.
•
P
MAR
.1
~
20C3
Forinformation regarding thefiling ofan
appeal, please contact:
Dorothy Gnnn, Clerk
Illinois PoIlw.ion Control Board
State ofIllinois
Center
100 West
Randolph,
Suite 11-500
Chicago, Illinois
60601
0
31
2i~
14-3620
Forinformation regarding the filing ofan extension, please contact:
Illinois
Environmental
Protection Agency
Division of
Legal Counsel
1021 North Grand Avenue East
Spting~eld,illinois 62794-9276
217/7g2-5544
Ifyou have any questions, please contact ~evin
Mably
of my
staff
or Jay
Gaydosh of
Hernand o Albnrradn’a staff at 217/782-6761
DEO:KLM:mls\0329g1 .doc
Attaciunent
Do~
E.
Oakley, Manager
LUST Claims UnIt
Planning &
Reporting
Section
Bureau ofLand
-
cc:
CW3M Company
RO.
~48
P.
5/6
-•
APR.
23-
2U~3
2:22PM
0
Attachment A
Aicounting Deductions
•
0
•
~
2003
Re:
LPC?~0610155QO2--Greene County
0
GreenfleidlOwens Oil Company
401
North Main
LUST Incident No.
~92547
•
LUST FISCAL ‘FILE
0
Item ~
Desciip~ojiof
Deductions
•
0~
•
I.
S41 .00, ded~jctian
in costs that the
ownerloperator
failed
to demonstrate were
•reasonable (Section 22.l~b(d)(4)(C)ofthe Environmer~ra1Protection Act).
•
CW3M Company datedMarc1~,1997
S13.00
Personnel
•
CW3M ConapanydatedApril.,
1997.
•
$17.00
•
Personnel
CW3M Com.pany dated May, 1997
$11.00
Personnel
S41.00
Total
Accounting Deductions
KLM:xnls\032982.doc
•
NO.
U48
-
P.
6/6
~
~
~UU32:2zP~
Attachment A
1
j
Technical Deductions
•
~~~2003
Re:
LPC ~06IO155002
-
—
Greene Couiny
Gree~zfleldJOwens
Oil
Company
401’Main St.
LUST Incident No.
g92547
LUST FISCAL FILE
Itein#
Description ofDeductions
1.
$2,771.00, deduction in personnel
costs that the ownerloperator failed to demonstrate
were reasonable (Section 22.2 Sb(ci)(4)(C) ofthe Environmental Protection Act):
JPG\892547-6 LCU Attachment A
ILLINOIS POLLUTION CONTROL BOARD
May
1, 2003
OWENS
OIL COMPANY
)
(March
1,
1997 through May 31,
1997),
)
)
Petitioner,
)
)
v.
)
PCB
03-203
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
(90-Day Extension)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD (by T.E.
Johnson):
On April
25,
2003, the parties timely filed a joint notice to
extend the 35-day period
within which Owens Oil Company may appeal a March 18,
2003
determination ofthe Illinois
Environmental Protection Agency
(Agency).
See 415
ILCS
5140(a)(1)
(2002);
35 Iii. Adm.
Code
105.402,
105.406.
Because the postmark date ofthejoint request is within the time for filing, the
joint request was timely filed.
35
III. Adm. Code
101.300(b)(2),
105.404.
At issue is the
Agency’s approval of the reimbursement ofcorrective action costs, with deductions, for Owens
Oil Company’s leaking underground petroleum storage tank facility located at 401 North Main
Street, Greenfield, Greene County.
The Board extends the appeal period until
July
22, 2003, as
the parties request.
See
415
ILCS 5/40(a)(1) (2002);
35 Ill. Adm. Code
105.406.
IfOwens Oil
Company fails to file an appeal on or before that date, the Board will dismiss this case and close
the docket.
ITIS SO
ORDERED.
•
I, Dorothy M. Gunn,
Clerk ofthe Illinois Pollution Control Board, certify that the Board
adopted the
above order on May
1, 2003, by a vote of7-0.
a~••~~•••~
4.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board