ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
)
)
)
PCBO3-196
)
(UST Appeal)
)
)
)
)
RECE~7~
CLERK’S
OFFICE
JUL142003
STATE OF ILLINOIS
pollution
Control Board
NOTICE OF FILING
TO~
John Kim
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois
62794-9276
Dorothy Gunn
Clerk of the Board
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
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.
Carolyn S. Hesse
Barnes
& Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
174839v1
Respectfully submitted,
Owens Oil Company
By:
One of Its Attor~eys
BEFORE THE POLLUTION CONTROL
BOARD
OF THE STATE OF ILLINOIS
OWENS OIL COMPANY,
Petitioner,
v.
Respondent.
This
filing submitted on recycled paper as defined
in 35
III.
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
Dorothy Gunn
Clerk ofthe Board
Illinois Pollution
Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, Illinois
60601
from
One North Wacker
Drive,
Suite 4400,
Chicago,
Illinois,
before the hour of 5:00
p.m.,
on
this
14th
Day of July, 2003.
CHDSOI
CSH
174839v1
Carolyn S. H~sse
This
filing submitted on recycled paper as defined in 35
Ill. Adm.
Code
101.202
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE
OF ILLINOIS
CLERK’S
OFFICE
OWENS OIL COMPANY,
)
JUL
1
4
2003
Petitioner,
STATE
OF ILLINOIS
)
Pollution
Control
Board
v.
)
PCBO3-196
)
(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:
C~
~
~
One of Its Att~neys
Carolyn S. Hesse, Esq.
Barnes & Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)357-1313
174684v1
This
filing submitted on recycled
paper
as defined in 35 Ill.
Adm. Code 101.202
v.
)
PCBO3-196
)
(UST Appeal)
REC
CLERK’S
OFFICE
JUL
1
4
2003
STATE OF ILLINOIS
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 February 5,
2003,
the Agency
received Owens’
complete request for
reimbursement of costs from the Illinois Underground Storage Tank Fund
(the “Request”)
for the period from
December
1,
1999
to
September
30,
2000 in the amount of$19,061.01.
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
OWENS OIL COMPANY,
Petitioner,
)
)
)
)
This
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
11,
2003, a copy of which is attached hereto as Exhibit A.
5.
Owens
is appealing this March
11, 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 ofthe Agency’s reasons or bases for denial that could
aid
Petitioner
in
setting
forth
its
grounds
of appeal.
Nevertheless,
the
Agenôy’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
18,
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
15
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
III. 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:
~
di~e
ofIts At~rneys
Carolyn S. Hesse, Esq.
Barnes &
Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
174580v4
This
filing submitted
on
recycled paper
as
defined in 35 Ill. Adm. Code 101.202
3
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND
AVENUE E~sT,
P.O.
Box 19276.
SPRINGFIELD,
ILLINOIS
62794-9276
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH, Sun~
11-300,
CHIcAc~c),
II
60601
ROD
R.
BLAGOJEVICI-L
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
1’
~
MAR
11
2003
/
MAR
12
?003
Owens Oil Company
do John T.
Owens
Revocable Living
Trust dated August
10,
1990
Route
1, Box
184
Carroilton,
IL
62016
Re:
LPC #060
155002
--Greene County
GreenfieldlOwens Oil
Company
401
North Main
LUST Incident #892547
LUST FISCAL FILE
Dear Sir/Madam:
Tile Agency has completed the review ofthe request for reimbursement of corrective action costs
from the
1I1ino~sUnderground Storage Tank
Fund for the above-referenced facility.
The invoices
reviewed covered the period from December
I.
1999
to September 30, 2000.
The amount
requested was $19,061.01.
The deductible amount for this claim is
$1 0~000.00.which was previously deducted from
the
Invoice Voucher dated March
20.
1995.
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 February
5.
2003. the Agency received your complete request br payment for this claim.
As
a
result of the Agency’s review ofthis claim, a voucher for $16,540.13
will he
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 been/are 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
storaiie tank owner or operator may appeal
this
final decision to
the Illinois
Pollution Control
Board (Board) pursuant
to Section 22.18h(g) and Secticri4O of the Act
by
filing
a petition for a
heai-ing 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
excet~d
90 days by written nolice
from the
—
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Page 2
owner or operator and the Illinois EPA within the initial 35-day appeal period.
Ifthe 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 ofthis
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 I 1-500
Chicago, Illinois 60601
312/814-3620
For information regarding the
filing ofan extension, please contact:
Illinois
Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Springfield,
Illinois
62794-9276
217/782-5544
If you have
any questions, please contact Susan Brock of my staff or Jay
Gay dosh of the
technical staff at 217/782-s762.
D
s E.
Oakley, Manager
LUST Claims Unit
Planning & Reporting Section
Bureau of Land
DEO;SB:jk\032964.doc
Attachment
cc:
CW3M Company
Attachment A
Technical
Deductions
Re:
LPC #0610155002
-
-
Greene County
Greenfield/Owens
Oil
Company
401
Main
St.
LUST Incident No. 892547
LUST FISCAL
FILE
Item#
Description ofDeductions
I.
Si
,424..75,
deduction in personnel
costs
that the owner/operator
failed
to
demonstrate
were
reasonable
(Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).
TVJcL~.~
~
.‘
~)O3
I
JFG\892547-5
LCU
Attachment A
Attachment
A
Accounting Deductions
Re:
LPC#0610155002--
Greene County
GreenfieldlOwens Oil
Company
401
NorthMain
LUST Incident #892547
LUST FISCAL
FILE
it~m
~
Description ofDeductions
511.33,
deduction for an
adjustment in costs due to a lack ofsupporting
documentation
(Section 22.1 8b(d)(4)(C) of the Environmental Protection Act).
The following deductions have been made for postage,
no receipts:
January ($1.10); February (51.10);
March (51.98): April
(51.10); May ($1.10);
June
(51 .54);
July ($1.10); August (Si
.65);
September ($0.66)
$1,084.80,
deduction in costs that the owner/operator
failed to demonstrate were
reasonable (Section 22.1 8b(d)(4)(C) of the Environmental Protection Act).
Equipment UST, August
1
to August 31, 2000
Measuring Wheel Rental ($8.00)
DernobilizationiTransport GTU
($500.00)
Advanced Environmental DrillIng
& Contracting
#2529.
dated August
18.
2000
Mobilization ($209.00). Rig Time ($288.00). Beritonite ($18.00), Handling Charge
($61.80)
51.096,13 Total Accounting Deductions
DEO : SB:) k\032964.doc
ILLINOIS
POLLUTION CONTROL BOARD
May
1, 2003
OWENS OIL COMPANY
(December 1, 1999)
to September 30, 2000),
)
)
Petitioner,
)
)
v.
)
PCBO3-196
)
(UST Appeal)
ILLINOIS
ENVIRONMENTAL
)
(90-Day Extension)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD (by T.E. Johnson):
On April
18, 2003, the parties timely filed a joint notice to extend the
35-day
period
within which Owens Oil Company may appeal a March 11, 2003
determination of the Illinois
Environmental Protection Agency (Agency).
See 415
ILCS
5/40(a)(1)
(2002);
35
Ill.
Adm. Code
105.402,
105.406.
Because the postmark date ofthejoint request is within the time for filing, the
joint requestwas timely filed.
35
Ill. Adm.
Code l01.300(b)(2),
105.404.
The Agency approved
the payment ofcorrective action costs, with modifications, for Owens Oil Company’s leaking
underground petroleum storage tank facility located at 401
North Main,
Greenfield, Greene
County.
The Board extends the appeal period until July
15,
2003, as the parties request.
See
415
ILCS
5/40(a)(1)
(2002);
35
III. Adm.
Code
105.406.
If Owens Oil Company fails to file an
appeal
on or before that date, the Board will dismiss this case and close the docket.
IT IS SO
ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on May
1, 2003, by a vote of7-0.
Dorothy M. Gunn,
Clerk
Illinois Pollution Control Board
r~IBIT