R~CWV~D
BEFORE THE POLLUTION CONTROL BOARD
~LERK’SOFFICE
OF THE STATE
OF ILLINOIS
NOTICE OF FILING
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
JUL
1
4
2003
STATE OF ILLINOIS
Pollution
Control Board
Dorothy Gunn
Clerk ofthe Board
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
OWENS OIL COMPANY,
)
)
Petitioner,
)
)
v.
)
PCBO3-195
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
TO:
John Kim
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.
Respectftilly submitted,
Owens Oil Company
By:
~
~~
One of Its
Ath?slrneys
This
filing submitted on recycled paper as defined in 35
III.
Adm. Code 1O1.202J
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,
Suite 4400,
this
14th
Day ofJuly,
2003.
Dorothy Gunn
Clerk ofthe Board
Illinois Pollution Control Board
James R.
Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, Illinois
60601
CFIDSOI
CSH
174839v1
ëSrolyn S. Hte~se
Chicago, Illinois,
before the hour of 5:00
p.m.,
on
This
filing submitted on recycled paper as defined in
35
III. Adm. Code
101.202
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
CLERK~SOFFICE
OWENS OIL COMPANY,
)
JUL
1
4
2003
Petitioner,
)
STATE OF ILLINOIS
)
Pollution
Control Board
v.
)
PCBO3-195
)
(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 of Its Att~kneys
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 III. Adm. Code
101.202
BEFORE THE POLLUTION CONTROL BOARD
•
OFTHESTATEOFILLINOIS
~~JED
CL~RR’SOFRCE
OWENS OIL COMPANY,
)
)
JUL142003
Petitioner,
)
STATE OF ILLINOIS
v.
)
PCB 03
-
195
Pollution
Control Board
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY DECISIONS
Owens
Oil
Company, by its attorney, Carolyn S. Hesse ofBarnes & Tho~nburg,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 (UST5) on the property,
which stored gasoline.
2.
LUST
Incident
Number
892547
was
obtained
following
a
site
investigation.
3.
On December
11, 2002, the Agency received Owens’
complete request for
•
reimbursement of costs
from the
Illinois Underground Storage Tank Fund
(the “Request”) for the period from May
1,
1999 to December 31,
1999 in
the amount of
$11,850.79.
This
filing submitted on recycled paper as defined in 35 Ill. Adm. Code 101.202
4.
The Agency denied certain costs in the Request in a letter dated March
11,
2003, a copy ofwhich 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
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.
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.
•
This
filing submitted
on recycled
paper as defined
in 35
Ill. Adm. Code
101.202)
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 Attthbeys
Carolyn S. Hesse, Esq.
Barnes & Thornburg
One North Wacker Drive
Suite 4400
•
Chicago, Illinois 60606
(312)357-1313
•
1745 80v3
This
filing submitted
on
recycled paper as
defined in 35
Ill. Adm.
Code 101.202
3
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND
AvENuE
EAs~r, P.0. Box 19276.
SFgNGFIEW,
IWNO~S
(2794-9276
)AMES
R.
THOMPSON
CENTER.
100
WEST
RANDOLPH, Su~7~
11-300.
Q-ncAoo,
IL
6060
ROD
R.
BLACOIEVICH,
GOVERNOR
RENEE
CJPRIANO,
DJREC:ToR
1
•i
~inr
M~,R112~fl3
:..:
c;~:~_i
~
Owens Oil Company
•
•
do John T.
Owens Revocable Living
Trust
dated August 10,
1990
Route
1, Box
184
Carroilton, IL
62016
Re:
LPC~0610l55002--GreeneCounty
Greerifield/Owens Oil
Company
401 North Main
LUST lncident #892547
LUSTFISCAL FILE
Dear Sir/Madam:
-
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 May
1.
1999 to December 31,
1999.
The amount requested
was fl L850.79.
The deductible amount
for this claim is
~10.000.00. 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 December
11. 2002.
the Agency received your complete request for payment for this
claim.
As a result ofthe Agency’s review ofthis claim, a voucher for
$l0.564.98
wilt he prepared for
submission
to
the Comptroller’s Office tbr payment as funds
become
available based
upon the
date the Agency received your complete request ±hr
payim~nt~f this
claim.
Subsequent claims
that have been/are submitted
will he
processed hascd upon the date complete subsequent
billings
req tiests 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 8h(g) and Section
40 ofthe Act by filing
a petition for a
hearIng within 35 days after the date of issuance of the final dccision.
However, the 35-day
period may be extended for a
period oftime
not to exceed
90 days by written notice from
the
RI
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Page 2
owner 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 ofthis decision, must be sent to the
Illinois EPA as soon as possible.
For information regardingthe filing
of an appeal, please contact:
Dorothy Gunn. Clerk
Illinois Pollution
Control Board
State of Illinois 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
Divisioi~ofLegal Counsel
1021
North Grand Avenue East
Springfield, Illinois 62794-9276
217/782-5544
Ifyou have
any questions, please contact Susan
Brock of my
staff
or Jay Caydosh of the
technical staff at 217/782-6762.
D
as E.
Oakley, Manager
LUST Claims Unit
Planning & Reporting Section
Bureau of Land
DEO:SB:jk\03 2966.doc
Attachment
-
cc:
CW3M Company
Attachment A
Technical
Deductions
Re:
LPC ~0610l55002--Grene
County
Greenfield/Owens Oil Company
401
Main
St.
LUST Incident No. 892547
LUST FISCAL FILE
Item #
DescriptionofDeductions
2.
MAR
.1
2
?003
cL
/
$1,210.60,
deduction in personnel costs that the owner/operator failed
to
demonstrate
were reasonable (Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).
$70.59, deduction in subcontractors costs that the owner/operator failed to demonstrate
were reasonable (Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).
JFG\892547-4
LCU Attachment A
Attachment A
Accounting Deductions
Re:
LPC#0610155002--GreeneCounty
GreenfieldlOwens Oil Company
401
North Main
LUST rncident #892547
LUST FISCAL FILE
t~m#
Descrintion ofDeductions
1,
5462, deduction for an adjustment in
costs due to
a lack of supporting documentation
(Section 22i8b(d)(4)(C)
ot’the Environmental Protection Act).
The following deductions have been made for postage, no receipts:
May 1999 ($1i0); June 1999
($0.66); July 1999 ($L10); August
1999 ($0.66);
September
1999
($LlO)
•$4.62 Total
Accounting Deductions
DEQ
: SB
:j
k\03 2966.doc
ILLINOIS POLLUTION CONTROL BOARD
May
1, 2003
OWENS OIL COMPANY (May 1,
1999 to
)
December31,
1999),
)
•
)
Petitioner,
•
)
)
v.
)
PCBO3-195
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
(90-Day Extension)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD (by T.E. Johnson)~
On April
18, 2003, theparties timely filed a joint notice to extend the
35-day
period
within which Owens
Oil Company may appeal a March
11, 2003 determination ofthe 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 ofthe joint request is within the time for filing, the
joint request was timely filed.
35
Ill. Adm. Code
101.300(b)(2),
105.404.
The Agency approved
the payment of corrective 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)(l)
(2002);
35 Ill. 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 ofthe Illinois Pollution Control Board,
certify that the Board
adopted the above order on May
1, 2003, by
a vote of7-0.
(2~t••~
~
-
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
E~IBIT