BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
ROYER OIL COMPANY,
)
)
Petitioner,
)
)
)
ILLiNOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
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 ofthe 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
Tuesday, July
1, 2003,
filed with the Clerk ofthe
Illinois
Pollution
Control
Board of the State
of Illinois
an
original,
executed copy of a
petition
for
Review
of
Jilinois
Environmental
Protection
Agency
Decisions
and
Appearance
for
Carolyn S. Hesse.
Dated:
July
1, 2003.
Carolyn
S. Hesse
Barnes
& Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
17301 8vI
Respectfully submitted,
Royer Oil Company
By:
~
One of Its At~rneys
v.
CI~:Jk~s
JIlL
1
2003
PO~ZZ~
~fILLINoi8
ro/
B~
PCB 03
-
180
)
(UST Appeal)
This
filing
submitted on recycled paper as defined in
35 Ill. Adm. Code
101.2021
CERTIFICATE OF SERVICE
I, on oath state that I have served the attached PETITION FOR REVIEW
OF ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
DECISIONS
and
APPEARANCE
for
Carolyn S. Hesse 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 of the 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
1st
Day of July, 2003.
CA~L ~
Carolyn S. H~e
This
filing submitted on recycled paper as defined in
35 Ill. Adm. Code 101.202
2
BEFORE THE POLLUTION CONTROL BOARD
CLFRK~SOFFICE
OF THE STATE OF ILLINOIS
JUL
1
2003
ROYER OIL COMPANY,
)
S~TEOF
ILLINOIS
)
Pollution
Control Board
Petitioner,
)
)
v.
)
PCBO3-180
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
APPEARANCE
NOW
COMES
the
undersigned,
Carolyn
S.
Hesse,
and
enters
an
appearance
for the
Petitioner, ROYER OIL COMPANY, in the above captioned matter.
Dated:
July
1, 2003
Respectfully submitted,
Royer
Oil
Company
By:
C&i\~~
~
~
One of Its Atto~eys
Carolyn S. Hesse, Esq.
Barnes & Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)357-1313
I73037v1
This
filing submitted
on recycled
paper as defined in 35
Ill. Adm. Code 101.2021
BEFORE THE POLLUTION CONTROL
BOARD
OF THE STATE OF ILLINOIS
ROYER OIL COMPANY,
)
)
-
Petitioner,
)
J~-
~ L1~4O~
/
v.
)
PCB
03
-
180
~
Control
~
)
(UST Appeal)
~0I1u
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY DECISIONS
Royer 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.
Royer
Oil
Company
(“Royer”)
is
the
owner
of property
located
at
200
South
Third, Greenville,
Bond
County,
Illinois.
The site was a
gasoline
service station that had underground storage tanks
(USTs) on the property,
which stored gasoline and
diesel fuel.
2.
LUST
Incident
Number
0050055011
was
obtained
following
a
site
investigation.
3.
On July
18,
2002, the Agency received Royer’s request for reimbursement
of costs from the Illinois Underground Storage Tank Fund (the “Request”)
for the period from January
1,
1998
to
September 30,
1998, in the amount
of
$45,659.
12.
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
February
25,
2003,
a copy ofwhich is attached hereto as Exhibit A.
5.
Royer
is
appealing
this
February
25,
2003
denial
because
the
Agency
denied
certain
costs
by
claiming
that
the
owner/operator
failed
to
demonstrate that the costs were reasonable.
6.
Royer
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
the UST Fund.
8.
On
April
2,
2003,
the
parties timely
filed
a joint
notice
to
extend
the
appeal
deadline.
On April
17,
2003,
the Board filed an
order
extending
the appeal
deadline until July
1, 2003,
a copy of which
is
attached hereto
as Exhibit B.
Pursuant to
the Board’s April
17,
2003
order, this
appeal is
timely filed.
This
filing submitted
on
recycled
paper as
defined in 35
III. Adm. Code 101.2021
2
WHEREFORE,
Royer
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,
Royer Oil
Company
By:
~
One of Its Att~rneys
Carolyn S. Hesse, Esq.
Barnes & Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
173005v1
This
filing submitted
on recycled
paper as
defined
in 35 III. Adm. Code 101.2021
3
‘eS.
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
________
1029
NORTH
GRAND AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH,
SUITE
11-300,
CHICAGO,
LL
60601
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEECIPRIANO,
DIRECTOR
217/782-6762
.
FEB
2..~
7flfl’~
I ~
FEB25
2013
Royer Oil Company
Attn:
Stepheii Royer
911
Railroad Street
Greenville, illinois
62246
Re:
LPC#00500550l1-~BondCounty
Greenville/Royer Oil Co.
200 South Third
LUST Incident #900202
LUST FISCAL F~E
Dear Mr. Royer:
The Agencyhas completed the review of the request for reimbursement of corrective action costs
from the Illinois Underground Storage Tank Fund.for the above-referenced facility.
The invoices
reviewed covered the period from January
1,
1998 to
September 30.,
1998.
The amount
requested was
$45,659.12.
The deductible amount fdr this claim is $10,00Q.O0, wch
was previously deducted from the
Invoice Voucher dated .A~igust
5,
1996.
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 July
18,
2002, the Agency received your complete request for payment for this, claim.
As
a
result ofthe Agency’s review ofthis
claim, avoucher for $41,028.81
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 paymen,t 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
storage tank owner or operator may’appeal this final decision to the Illinois Pollution
Control
Board (Board) pursuant to
Section 22.18b(g) and
Section 40 of the Act by filing
a petition for a
hearing within 35 days after the date of issuance ofthe final decision~However, the 35-day
period may be extended for a period oftime
not to
exceed 90
days by written notiöe from t~ie
owner or operator and the Illinois
EPA within the initial
35-day appeal period.
Ifthe owner or
I
Plaines,
IL
60011,— (847) 2’14-4000
614
—
(3091
693-5463
Ch,~rnp,i~n.
IL
61 )i.O
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.i~t1.5800
svi(Ie, IL 52234
—
(5181 :346-51 20
RocEfoRrt—4302
North Main
Street. Rockior1~
ELCJN’—
595 South
State,.Elgin,
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LAND
-
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University
St..
—
SPRINGFIELD
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Rd.,
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PRINTED C~ Rr.CYCLFD
PAPER
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~~
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Page 2
operatbr wishes 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.
For information regarding the filing ofan
appeal, please contact:
Dorothy Gunn, Clerk
illinois Pollution Control Board
State ofIllinois Center
100 West Randolph, Suite
1 1~500
Chicago, illinois
60601
312/814-3620
For information regarding the filing ofan extension, please contact,:
Illi~iois
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
Doug
Tolan
of my
staff, or Karl Kaiser of the
technical
staff,
at 217/782-6762.
E.
Oakley, Manager
‘LUST Claims Unit
Planning & Reporting
Section
Bureau of Land
DEO:DMT:ct\033 141 1.doc
Sincer~1,y,
cc:
CW3M
Company
Attachment A
.
‘--
)L..B2~7flfl~
Techmcal
Deductions
Re:
LPC#00500550l1--BondCounty
..
‘
Greenville/Royer Oil
Company
200 South Third Street
.
LUST
Incident No. 900202
LUST FISCAL FThE
Item #
Description ofDeductions
1.
54,630.31, deduction in excessive groundwater treatment system lease/operation and
maintenance costs
that the owner/operator failed to
demonstrate were
reasonable
(Section 22.1 Sb(d)(4)(C) of the Environmental Protedtion Act).
KEK~
.
..
H
ILLINOIS POLLUTION CONTROL BOARD
April
17,
2003
ROYER OIL COMPA~,
)
)
Petitioner,
.
.
)
v.
)
PCB 03-180
)
(USTAppeal)
ILLINOIS ENVIRONMENTAL
)
(90-DayExtension)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD
(by T.E. Johnson):
On April
4, 2003, the parties timely filed a joint notice to extend the 35-day period within
which Royer Oil
Companymay appeal
a February 25, 2003 determination ofthe Illinois
Environmental Protection Agency (Agency).
See
415 ILCS
5/40(a)(1)
(2002);
35 Ill.
Adm.
Code
105.206(c),
105.208(a), (c).
Because the postmark date ofthejoint 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 corrective action costs, with modifications, for Royer Oil
Company’s leaking
underground petroleum storage tank facility located at 200 South Third, Greenville, Bond.
County.
The Board
extends the appeal period until July
1,
2003,
as the parties request.
See
415
ILCS 5/40(a)(1) (2002);
35
Ill.
Adm. Code 105.208(a).
If Royer 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 April
17, 2003, by a vote of 6-0.
DorothyM.
Gunn, Clerk
Illinois Pollution Control Board
.--1
L)