ILLINOIS POLLUTION CONTROL BOARD
    March
    3,
    1994
    RON’S INTERSTATE
    SUNOCO,
    )
    )
    Petitioner,
    v.
    )
    PCB 92—200
    (UST Fund)
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    THOMAS
    E.
    JOHNSON
    APPEARED
    ON
    BEHALF
    OF
    PETITIONER;
    GREG
    RICHARDSON
    APPEARED
    ON
    BEHALF
    OF
    RESPONDENT.
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    Re.
    Fleinal):
    On December 2,
    1992 Ron’s Interstate Sunoco
    (Ron’s) filed
    this petition for review of denial of UST fund reimbursement
    pursuant to Sections 22.18b(g)
    and 40(a) (1) of the Environmental
    Protection Act’.
    The amount of $18,631.48
    in costs was requested
    for reimbursement.
    On November 2,
    1992 the Illinois
    Environmental Protection Agency denied the entirety of the amount
    requested for reimbursement for reason that the costs were
    associated with replacement of concrete and were not corrective
    action costs.
    Ron’s filed this appeal.
    Hearing was held on November 29,
    1993 before hearing officer
    Arnold Blockman in Champaign, Illinois.
    The uncontested facts are that Ron’s is located in Urbana
    (Champaign County), Illinois.
    Ron’s discovered releases from two
    petroleum underground storage tanks
    (UST5)
    and the Emergency
    Services and Disaster Agency was notified of the release on
    August 23,
    1991.
    (R.
    3,
    14-15.)
    The sole issue is whether
    -
    certain costs submitted for concrete removal and replacement are
    related to corrective action taken at the site.
    By order on November 18,
    1993 the Board granted in part the
    Illinois Environmental Protection Agency’s
    (Agency) motion for
    summary judgment solely as it pertained to the issue of the
    reimbursability of costs for replacement of concrete.
    The Board
    found based on case precedent, that the replacement of concrete
    is not related to corrective action and is not a reimbursable
    1
    The Board notes that P.A. 88-496 repealed Section 22.18b
    of the Act.
    The provision is now located at Section 57.8(1)
    of
    the Act.
    2
    cost.
    The Board found that the record was unclear as to whether
    costs related to the removal of concrete were incurred at the
    site.
    The Board accordingly denied the Agency’s motion for
    summary judgment as it pertained to any removal of concrete at
    this site,
    as material facts remained at issue.
    The Board then
    ordered that the matter proceed in accordance with that order and
    the hearing schedule established by the hearing officer.
    At hearing,
    Ron’s stipulated that its testimony would
    indicate that “all the costs went into replacement of concrete,
    and that none of the costs went into removal of concrete.”
    (Tr.
    at 3.)
    The parties then agreed that no further proceedings are
    necessary.
    (~.)
    The parties then clarified on the record that
    $18,631.48, which is the entire amount sought here for
    reimbursement,
    is for the replacement of concrete and not the
    removal of concrete.
    (Tr. at 4.)
    The Board finds that consistent with its November 18,
    1993
    order on summary judgment and the precedent cited therein, that
    the replacement of concrete is not related to corrective action
    and is not reimbursable.
    Since the facts offered at hearing now
    show that the only costs incurred were for the replacement of
    concrete, the Board upholds the Agency’s denial of reimbursement
    of $18,631.48 for those costs.
    As there are no further matters
    pending, the Board closes this docket.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    The Illinois Environmental Protection Agency’s November 2,
    1992 denial of reimbursement of costs in the amount of $18,631.48
    for replacement of concrete at Ron’s Interstate Sunoco’s facility
    because the costs are not related to corrective action is hereby
    affirmed and this docket is closed.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act
    (415 ILCS
    5/41
    (1992) provides for the appeal of final Board orders within
    35 days of the date of service of this order.
    The Rules of the
    Supreme Court of Illinois establish filing requirements.
    (See
    also 35 Ill.
    Ada.
    Code 101.246, Motions for Reconsideration)
    3
    I, Dorothy N.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the abqy,~eopinion and order was
    adopted
    on,
    the
    ~ ~
    day of
    ____________________,
    1994,
    by a
    vote of
    ~GQ
    Dorothy M./Øunn, Clerk
    Illinois ~illution Control Board

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