RECEKVE~
    CLERK’S
    OFFICE
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    JUL
    7
    2003
    SWIF-T FOOD MART,
    )
    STATE OF ILLINOIS
    0fl
    Control
    Board
    Petitioner,
    )
    )
    v.
    )
    PCBO3-185
    )
    (UST appeal)
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    )
    )
    Respondent.
    )
    NOTICE OF FILING AND PROOF OF SERVICE
    To:
    Pollution Control Board, Attn: Clerk
    100 West Randolph Street
    James R. Thompson Center
    Suite 11-500
    Chicago, IL 60601-3218
    Division of Legal Counsel
    Illinois Environmental Protection Agency
    1021 N. Grand Ave. East
    P.O. Box 19276
    Springfield, IL 62794-9276
    PLEASE TAKE NOTICE that on the3/)day
    ofJuly,
    2003, we sent via U.S. first class
    mail to the Clerk of the Pollution Control Board the original
    and nine copies of the PETITION
    FOR REVIEW for filing in the above entitled cause.
    The undersigned certifies
    that a true and
    correct copy of the PETITION FOR REVIEW
    was served upon each of the above-identified individuals via U.S. mail, by enclosing the same in
    envelopes properly addressed, with p0
    tage fully prepaid, and by
    depositing said envelopes in a
    U.S. Post Office mail box, on ~
    Stephen
    .
    Heding
    /
    Hedinger Law
    Office
    2601 S. Fifth St.
    Springfield, IL 62703
    (217) 523-2753 phone
    (217) 523-4366 fax
    THIS FILING IS SUBMTFED
    ON RECYCLED PAPER
    BEFORE THE ILLINOIS POLLUTION CONTROLBOARD
    SWIF-T FOOD MART,
    )
    RECEIVED
    )
    CLERK’S
    OFFICE
    Petitioner,
    )
    )
    JUL
    7
    2003
    v.
    )
    PCBO3-185
    )
    (UST appeal)ST1~TE
    OF ILLINOIS
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    Pollution Control Board
    AGENCY,
    )
    )
    Respondent.
    )
    PETITION FOR
    REVIEW
    NOW COMES
    Petitioner, SWIF-T FOOD MART, through its undersigned attorney, and
    pursuant to Section 40(a)(1) of the Environmental Protection Act, 415
    ILCS
    5/40(a)(1),
    and
    Section
    105
    Subpart D of this Board’s procedural regulations, 35 Ill. Adm. Code 105.400-
    105.412, hereby seeks review of the final decision of Respondent ILLINOIS
    ENVIRONMENTAL PROTECTION AGENCY (IEPA) dated March 3, 2003 (a true and correct
    copy of which is attached hereto, and incorporated herein, as Exhibit A), deducting $22,084.04
    from Petitioner’s LUST reimbursement application, and applying a $10,000.00 deductible.
    In
    support of this Petition, Petitioner states as follows:
    1.
    Petitioner is owner/operator of a facility located at
    1100 Belvidere Road,
    Waukegan, Lake County, Illinois, at which leaking underground storage tanks were located, and
    remediation has taken place.
    2.
    On November 7, 2002, Petitioner submitted to the IEPA its LUST reimbursement
    package for work performed between December 1, 1995
    and November 20, 2001, requesting
    $203,644.16 in reimbursement from the LUST Fund.
    The IEPA’s final decision letter, issued
    March 3,
    2003, granted less than that amount.
    3.
    On April 17, 2003, this Board entered
    an order in this case acknowledging the
    parties’ joint notice to extend the 35-day period for Petitioner to
    seek review ofthe IEPA’s final
    decision, and extending the date for Petitioner
    to file its petition for review until July 7, 2003.
    4.
    Among other things, the IEPA’s final decision letter deducted $10,000 for a
    deductible for the site, although in reimbursing Petitioner pursuant to
    a previous application the
    IEPA had already applied a $10,000
    deductible; therefore, the IEPA has applied a $20,000
    deductible for the Petitioner’s site, in violation of statute.
    5.
    Also among other things, the IEPA’s final decision letter deducted
    $13,808.86 for
    field purchases and other costs by a subcontractor, Peter J. Hartmann Company, as unreasonable,
    on the basis that a percentage markup and/or handling charges were both requested and
    no
    handling charges were approved in the budget.
    This determination is also in
    error as a matter of
    law and fact.
    6.
    Accordingly,
    the IEPA’s final decision letter in total resulted in erroneous
    reimbursement determinations in
    the amount of $23,808.86, which Petitioner seeks in
    this LUST
    Fund reimbursement appeal.
    WHEREFORE, Petition~er,
    SWIF-T FOOD MART, requests that this Board reverse the
    IEPA’s denial of $23,808.86 in LUST Fund reimbursement, and
    award to Petitioner that amount
    in additional LUST Fund reimbursement, and award to Petitioner such other and further relief as
    may be within this Board’sjurisdiction and
    authority.
    Respectfully
    submitted,
    SWIF-T FOOD MART,
    Petitioner,
    By its attorney,
    HEDINGE,
    LAW
    OFFI
    E
    By.
    Ste
    en F. Hedinger
    Hedinger Law Office
    2601
    S. Fifth St.
    Springfield,
    IL 62703
    (217) 523-2753 phone
    (217) 523-4366 fax
    .
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    1021
    NORTH GRAND
    AVENUE
    EAST,
    P.O.
    Box
    19276,
    SPRINGFIELD,
    ILLINOIS
    62794-927
    JAMES
    R.
    THOMPSON
    CENTER,
    100
    WEST RANDOLPH,
    SUITE
    11.300,
    CHICAGO,
    IL 60601
    ROD
    R.
    BLAGOJEVICH,
    GOVERNOR
    RENEE
    CIPRIANO,
    DIRECTOR
    217/782-6762
    MAR
    03
    ‘2003
    Swif-T-Food Mart
    Attn:
    IsamSaed
    314 South Lewis Avenue
    Waukegan, Illinois
    60085
    Re:
    LPC#0971905268--Lake County
    WaukeganlSwif-T-Food Mart
    1100 Belvidere Road
    LUST Incident No.
    951716
    LUST FISCAL FILE
    Dear Mr. Saed:
    EXHIBIT
    .~
    ~
    ~
    $
    The Illinois Environmental Protection Agency has completed the review of your application for
    payment from the Underground Storage Tank Fund for the above-referenced LUST incident
    pursuant to
    Section 57.8(a) ofthe Illinois Environmental Protection Act (Act), and 35
    Ill. Adm.
    Code
    732, Subpart F.
    This information is dated November 7, 2002 and was received by the
    Agency on November 18, 2002.
    The application for payment
    covers the period from December
    1,
    1995 to November 20, 2001.
    The amount requested is $203,644.16.
    The deductible amount to be assessed on this claim is $10,000.00, which is being deducted from
    this payment.
    In addition to
    the deductible, there are
    costs from this claim that are not being
    paid.
    Listed in Attachment A are the costs that are not being paid and the reasons these costs are
    not being paid.
    On November 18, 2002, the Agency received your complete application for payment for this
    claim.
    As a result of the Agency’s review ofthis application for payment, a voucher for
    $171,560.12 will be prepared for submission to the Comptroller’s Office for payment as funds
    become
    available based upon the date the Agency received your complete request for payment of
    this application forpayment.
    Subsequent applications for payment that have beenlare submitted
    will be processed based upon the date complete subsequent application for payment requests are
    received by the Agency.
    This constitutes the Agency’s final action with regard to
    the above
    application(s) for payment.
    An underground storage tank owner or operator may appeal this final decision to
    the Illinois
    Pollution Control Board (Board) pursuant to
    Section
    57.8(i)
    and
    Section
    40 of the Act by filing
    a
    Rc~oRu
    —
    4302
    North Main
    Street.
    RocI~iord.IL 61103— 1(~15)9~17_776()
    •
    Dc~
    P1Ao~s—
    9511 V~.
    Hardson St.. Des
    I’Iaine’s.
    IL
    60016
    —
    1047) 2’14-4001)
    —
    395 Soulh State,
    EI~tin.IL (~012$
    —
    847’ I~08.31
    31
    •
    Ptnpi,
    —
    5415 N.
    Univt’rsilv St.. Ptc~ria,IL (1614
    —
    ‘11)01 6’) 1.54)’ I
    V’
    L\\1’
    Phio~.—
    7621)
    N.
    Liniversilv Si..
    Pec,rld.
    IL
    ),1),14
    —
    309) I,~
    1.,462
    •
    CIIA\te,,\
    —212S Siuth
    First
    Stre’,_t. (‘hanipaign.
    II
    1,11121) —1217, 270.1111)0
    -
    4~t)0S. Si\th
    Street
    Rd., 51)r~fl~iitId.
    IL
    ),201
    -
    11
    ~l1),-6t101
    •
    (‘I
    nhI\~\
    ILl
    -
    20))”
    M.ill SIritt,
    (vlliisvilk.
    IL 12214
    ..
    t~Il0149-SI
    2))
    M~si(e~
    —
    230’) V~.
    Main
    St.,
    Suite
    116. M,triun. IL
    62959
    —
    (618’ 991.72110
    ‘‘~
    Ru~
    dl))
    l’.’i’t~
    ‘Page 2
    petition for a hearing within 35 days after the date ofissuance ofthe final decision.
    However,
    the 35-day period may
    be
    extended for a period oftime not to exceed 90 days by written notice
    from the owner or operator
    and the Illinois EPA within the initial 35-day appeal period.
    Ifthe
    applicant wishes
    to receive a 90-day extension, a writtenrequest that includes a statement ofthe
    date the final decision was received, along with a copyof
    this
    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 11-500
    Chicago, illinois 60601
    312/814-3620
    For information regarding the filing ofan extension, please contact:
    Illinois Environmental Protection Agency
    Division ofLegal Counsel
    1021 North Grand Avenue East
    Springfield, Illinois 62794-9276
    217/782-5544
    If you have any questions or require further assistance, please contact Niki Weller of my
    staff
    at 217/782-6762.
    ‘
    Sinc
    ly,
    ~Zh
    Don.gYas E.
    Oakley,
    Manager
    LUST Claims Unit
    Planning & Reporting Section
    Bureau ofLand
    DEO:NW:ct\033 074.doc
    Attachment
    cc:
    ABS Consultants, Ltd.

    Back to top