BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
)
Petitioner,
)
)
NOTICE OF FILING
John
Kim
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
REC~*V~D
CL~1~R~
~
JUL
7
Z1J~L3
STATE OF 1LLU’~1Q~
Pollution
Control
Board
Dorothy Gunn
Clerk ofthe Board
Illinois Pollution Control Board
James R. Thompson Center
Suite 1.1-500
100
West Randolph Street
Chicago, Illinois 60601
PLEASE TAKE NOTICE
that on the
Monday, July
7,
2003,
filed with the Clerk of the
Illinois
Pollution
Control
Board
of the
State
of
Illinois
an
original,
executed
copy
of two
Petitions
for
Review
of
Illinois
Environmental
Protection
Agency
Decisions,
Motion
to
Consolidate and Motion for Leave to
File Amended Petition.
Dated:
July 7, 2003
Carolyn S. Hesse
Barnes
& Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
173713v1
Respectfully
submitted,
Royer Oil Company
By:
cÜJ~~L~~
~
One of Its Atth~’neys
ROYER OIL COMPANY,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
TO:
)
PCB 03
-
180, PCB 03-186
)
PCBO3-187
)
)
)
Respondent.
)
This
filing submitted on recycled paper
as defined in
35
III. Adm.
Code 101.2021
CERTIFICATE OF SERVICE
I,
on
oath
state
that
I
have
served
the
attached
Petitions
for
Review,
Motion
to
Consolidate,
and Motion to Amend 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
ClerkoftheBoard
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
7th
Day of July, 2003.
~
iu~
Carolyn S. I-~ësse
This
filing submitted on recycled paper as defined in 35
Ill. Adm. Code
101.2021
2
BEFORE THE
POLLUTION CONTROL BOARDRECEIVED
OF THE STATE OF ILLINOIS
CLERK’S
OPF~r
ROYER OIL COMPANY,
.
)
JUL
7~
2003
)
STATE OF ILLINOIS
Petitioner,
)
.
Pollution Control Board
)
v.
.
)
PCBO3-180
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
.
)
)
Respondent.
)
MOTION FOR LEAVE TO FILE AMENDED PETITION FOR REVIEW
NOW COMES Róyer
Oil
Company by
its
attorney,
Carolyn Hesse of Barnes
&
Thornburg,
purs.uant
to
the
Environmental
Protection
Act,
415
ILCS
5/1,
et.
seq.,
(the
“Act”)
and
35
Iii.
Adm.
Code
Section
5.400,
et seq.,
hereby
requests
leave
to
file
an
Amendment
to
the
Petition
for
Review
of
Illinois
Environmental
Protection
Agency
Decisions for the above-captioned matter.
In support of this Motion, Petitioner
states as
follows:
1.
On
July
1,
2003,
Petitioner
filed
an
appeal
of
Illinois
Environmental
Protection
Agency
decisions
related
to
denial
of
a
certain
request
for
reimbursement.
2.
In
the
Petition,
Petitioner
inadvertently
listed
the
site
LPC
No.
as
the
LUST Incident Number.
3.
Petitioner wishes
to correct this error and has attached hereto an Amended
Petition containing the correct LUST Incident Number.
IThis filing submitted
on
recycled paper
as defined
in 35
III. Adm. Code
101.2021
WHEREFORE,
Petitioner,
Royer
Oil
Company,
respectfully
requests
that
the
Board grant it leave to file the Amended Petition in PCB 03-180.
.Dated:
July 7, 2003
Carolyn S. Hesse, Esq.
Barnes & Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
173763v1
Respectfully submitted,
Royer Oil Company
By:
A~-Q,~
3~
?~-~_~
One ofIts A~omeys
This
filing submitted
on
recycled paper
as defined in 35
Ill. Adm. Code 101.202
2
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
ROYER OIL COMPANY,
)
)
Petitioner,
)
)
v.
)
PCBO3-l80
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
AMENDED PETITION FOR REVIEW OF ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY DECISIONS
Royer
Oil
Company,
by
its
attorney,
Carolyn S. Hesse of Barnes &
Thornburg,
pursuant
to
the Illinois
Environmental Protection
Act,
415
JLCS
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
900202
was
obtained
following
a
site
investigation.
3.
On July
18, 2002, the Agency received Royer’s request for reimbursement
ofcosts 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
III. 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 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
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.
IThis filing submitted on recycled paper
as
defined in 35
III. Adm.
Code 101.202
2
WHEREFORE, Royer
Oil
Company respectfully requests that the
Board enter an
order
that
will
pro.vide
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:
3~
~J~i
One of Its A~rneys
Carolyn
S. Hesse, Esq.
Barnes
& Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
173770v1
This
filing submitted on
recycled paper as
defined
in 35
III. Adm.
Code 101.202J
3
iLLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND AVENUE
EA57,
P.O.
Box
19276.
SPRINGRELD,
ILLINOIS
62794-9276
JAMES R.
THOMPSON
CENTER,
100
WEST RANDOLPH,
SUITE
11-300,
CHIcAGo,
IL 60601
ROD
R.
BLACOJEVICH, GO~?ERNOR
REI~tEECIPRIANO,
DIRECTOR
217/782-6762
..
.
.
.
.
FEB
2..~
2flfl~
FEB25
2013
-
Royer Oil
Company
Attn:
Stephei~Royer
.
.
911
Railroad
Street
,
.
Greenville, ilhinQis
62246
Re:
LPC#0050055011-~BondCounty
.
Greenville/Royer Oil
Co.
200 S6uth Third
LUST Incident #900202
LUST FISCAL Fm.E
.
..
Dear
~.
Royer:
•The Agency has completed the review of the request forreimbursement ofcorrective 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
~1O,OOO.OO,
which was preyious1~
deducted
from the
Invoice Voucher dated August
5,
1996.
Listed in Attachment A
are the ~ostswhich 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 forpayment
for this, claim.
As
a
result ofthe Agency’s review of this 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 of this claim.
Subsequent claims
that have beenlare 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 40of the Act by filing a petition for a
hearing within 35
days after the date ofissuance of the final decision;
However, the 35-day
period may be extended for a period oftime not to exceed
90
days by written noti~efrom tj~e
owner or operator and the Illinois
EPA within the initial 35-day appeal
period.
If the owner or
ROC~FORD
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4500’S. Sixth Street Rd., SpninI
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IL 62234
—
(613) 346-3120
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operatàr wishes to receive a 90-day extension, a written request tI~at
includes a ~tat,ementofthe
date the
fmal decision was received, along with a copy of this decision~
must be
sent to
the
Illinois EPA
as sbQn as possible.
-
For information regarding the filing of an appeal, please contact:
DolothyGunn,
Clerk
.
-
illinois Pollution Control Board
State ofIllinois Center
1
r\I~
1~7~.÷
D
,-,,-1,-~i
1-.
0,
~
11
cr~
£
~
V
~
I.
~
~
dl~.~
i.
£
~
Chicago, Illinois
60601
312/814-3620
For infonnaation ~egardthg the filing ofan extension, please contact~
Illinois Environmental Protection Agency
Division ofLegal
Counsel”
‘1021 North
Gra:nd’ Avenilie East
Springfield, I1l~nois62794-9276
217/782-5544
.
Ifyou
have any questions, please contact Doug Tolan of my staff, or Karl Kaiser of the
technical staff, at 217/782-6762.
Sincer~ly,
DougJ.a~E. Oakley, Manager
LUST Claims Unit
Planning & Reporting
Section
Bureau ofLand
DEO:DMT:ct\033 141 1:doc
cc:
CW3M
Company
• Attachment A
.
Technical De~uctioris
/,O,
Re:
LPC#0050055011--BondCounty
.
.
Greenville/Royer Oil
Company
200 South Third Street
.
LUST Incident No. 900202
-
.
‘
LUST FISCAL FU~E
-
Item #
Descriptidn 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~
ILLINOIS POLLUTION CONTROL BOARD
April
17,
2003
.
RO~ROIL COMPAi~,
•
)
Petitioner,.
)
v.
•
-
).
FOB
03-180
)
(UST’Appeal)
ILLINOIS ENVIRONMENTAL
)
(90-Day Extension)
PRO~’ECTION
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
Company may appeal
a February
25,
2003 determination of the Illinois
Environmental Protection Agency (Agency).
See
415 ILCS
5/40(a)(1)
(2002); 35
III. Adm.
Code
105.206(c),
105.208(a), (c).
Because the postmark date ofthejoint request is within the time for
filing, thejoint 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 peribd until July
1, 2003,
as the parties request.
See
415
ILCS
5/40(a)(1)
(2002); 35
Ill.
Adm. Code
105.208(a).
IfRoyer Oil
Companyfails 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 of6-0.
.
-
DorothyM.
Gunn, Clerk
Illinois Pollution
Control Board
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE
OF ILLINOIS
CLERK’S
OFFICE
ROYER OIL COMPANY,
)
JUL
7
2003
Petitioner
STATE OF ILLINOIS
Pollution
Control
Board
v.
)
PCB 03
-
180, PCB 03-186
)
PCBO3-187
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
MOTION TO CONSOLIDATE
NOW
COMES
Royer
Oil
Company
by
one
of its
attorneys,
Carolyn Hesse
of
Barnes
&
Thornburg,
pursuant
to
35
Ill.
Adm.
Code
101.406
and
hereby
moves
to
consolidate
three
appeals
of
Illinois
Environmental
Protection
Agency
(“Agency”)
decisions that
were filed on
July
1,
2003
and
July
7,
2003.
In support
of this
motion,
Petitioner states as follows:
1.
One underground
storage tank (“UST”)
appeal
was filed on July
1, 2003
and two
UST appeals were
filed on July 7,
2003.
The case numbers are:
PCB 03-180,
PCB 03- 186, andPCB 03-187.
2.
All
three
appeals
involve
a
denial
of reimbursement of costs
from
the
Leaking
Underground
Storage
Tank
Trust
Fund
to
perform
corrective
action activities
at property
located at 200
South Third,
Greenville,
Bond
County,
Illinois.
This property is owned by Royer Oil
Company.
3.
The
corrective
action
activities
related
to
all
appeals
are
related
to
•
corrective
action
activities
for the
same
underground
storage
tanks
that
leaked.
This
filing submitted on recycled
paper as defined in 35
Ill. Adm. Code
101.2021
4.
The
three
different
Agency
letters
denying
reimbursement
apply
to
activities at the site, but cover differing periods of time and
different costs
and expenses related to the corrective action
activities.
5.
Because
the
factual
basis
of
the
three
petitions
are
closely
related,
consolidating
the
three
petitions
into
one
proceeding
will
be
more
convenient
to
the
Board,
the
Agency
and
Petitioner;
consolidation
will
also
result in a more expeditious and complete determination ofthe claims
and
would
not
cause
material
prejudice
to
any
party.
Further,
consolidation ofthe claims will provide for a more efficient administration
of justice
and
reduce
duplication
of efforts
that would
be
required if the
appeals
were
handled
separately.
The
burden
of
proof
for
the
three
appeals
is
identical
and
will
be
based
on
nearly
identical
facts
and
background information.
WHEREFORE,
Petitioner,
Royer
Oil
Company,
respectfully
requests
that
the
Board
grant
its
motion
to
consolidate
the three petitions
filed
on
behalf of Royer
Oil
COmpany.
Dated:
July 7, 2003
Respectfully submitted,
Royer Oil Company
By:
_______________
One of Its ~ttomeys
Carolyn S. Hesse, Esq.
Barnes &
Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
I73705v1
This
filing submitted
on recycled paper as defined in 35 Ill. Adm. Code 101.2021
2
I~ECEiVEO
CLERK’S
OFFICE
BEFORE THE POLLUTION CONTROL
BOARD
•
JUL
7
OF THE STATE OF ILLINOIS
003
STATE OF IWNOIS
ROYER OIL COMPANY,
.
)
Pollution
Control
Board
Petitioner,
)
)
v.
.
)
PCBO3-187
)
(UST Appeal)
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
~t.
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
900202
was
obtained
following
a
site
investigation.
3.
On
July
23,
1996,
the
Agency
received
Royer’s
complete
request
for
reimbursement of costs
from the Illinois Underground Storage Tank Fund
(the “Request”) for the period
from March
1,
1996 to May 31,
1996,
in the
amount of $33,967.28.
,
IThis
filing
submitted
on recycled
paper
asdefined
in 35 Ill.
Adm. Code 101.202
4.
The Agency denied certain costs in the Request in a letter dated March 3,
2003, a copy ofwhich is attached hereto as Exhibit A.
5.
Royer is
appealing this
March
3, 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
14,
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
7,
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 101.202
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 A
rneys
Carolyn S. Hesse, Esq.
.
.
Barnes & Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)357-1313
•
.
173688v1
•
,
This
filing submitted
on
recycled paper
as defined in 35 Ill. Adm. Code 101.202
3
-
‘~..
1LLlNol~.NvlRoNMEN~TALPROTE~TlO~:-~GENCY
1021
NORTH
GRAND AVENUE
EAST,
P.O. Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276
JAMES
R.
THOMPSON
CENTER,
1 00
WEST
RANDOLPH,
SUITE
11-300,
CHICAGO,
IL
60601
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/782-6762
.
MAR03
2003
.
-
,j
MAR
~2oO3
Royer Oil Company
.
.
.
Attention:
Stephen
L. Royer
911
Railroad Street
Greenville, IL
62246
Re:
LPC#0050055011 --Bond County
‘
Greenville/Royer Oil Company
200 South Third
LUST Incident#900202
LUSTFISCALFILE
Dear Mr. Royer:
The Agency has completed’the review of the 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 March
1.
1996 to.May
31,
1996.
The amount requested was
The deductible amount for this claim
is
51 0.000.00.
which was previously deducted from
the
Invoice Voucher dated August
5,
1 996.
Listed
in
Attachment A are the costs which are
not
heinu
reimbursed from this
request and the reasons these
costs
are not
being reimbursed.
On July 23.
1996, the Agency received your complete request for payment for this claim.
As
a
result ofthe Agency’s review of this
claim, a voucher
for 526.92l.~4will
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
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 under~round
storage tank owner
or
operator may appeal
this flnal decision
to the Illinois
Pollution Control
Board
(Board) pursuant to
Section
22.1 8h(g) and Section
40 of the Act
by filing
a petition for a
hearing within 35
days al~er
the date ofissuance of the
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 owner ~
ROCKFORD
—4302
Noah
Main
Street,
Rockford,
IL 61 103
—
813)
987-776(1
•
DEI~
PL~INES
—9511 W. Harrison
St.,
Des
Plaines,
IL
6001
C,
—
1847)
2’14-4000
EIoIN— 595
Soulh State,
Elgin,
IL 60123
—
1847)
608.3131
PrORLA
—
5415
N. University Si.,
Peoria,
IL
61 81.1
—(309)693-5463
BUREAU
OF
LAND. Pttn~s
7620 N. University Si.,
Peoria, IL
61614— (309! 6q1-5462
•
CIIAAI,’.\e;N
—
2125 South
First Street, Charnp~n,IL 61820—121712711.5800
SI’IONGFILLD
—
45005. Sixth
Street
Rd., Springfield,
IL
62706—
217) 786-6892
•
C0LLINSVILLF
—
2009 MaIl
Street,
Collinsville,
IL
02234
—
11,1
lI~340-51211
__________________
MARION.—
2309W.
Main
SI.,
Suite
116.
Marion.
IL 62959
—
(61St 993-7200
•
.
EXHIBIT
PRINTr.r,
te
Rrc:vci.ro
P,o’,x
.
Page 2
operator 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
of’this
decision. must be
sent to
the
Illinois EPA
as soon as possible.’
For inforn~ationregarding the filing of an
appeal, please contact:
Dorothy
Gunn, Clerk
Illinois Pollution ControlBoard
State ofIllinois Center
100West Randolph, Suite 11-500
Chicago, Il1~nois60601
312/814-3620
For information regarding the filing of an extension, please contact:
Illinois Environmental Protection Agency
Division of Legal
Counsel
1021
North Grand Avenue East
Springfield, Illinois
62794-9276
217/782-5544
MAR
4-2003
Ifyou
have any questions,
please contact Kevin Mabl
of’ my staff or Karl Kaiser
of’ cliff
Wheeler’s
staff’ at 217/782-6762.
•
•
DEO:KM:jk\0331 03.doc
Attachment
D~u~’as
E. Oakley,Manager
LUST Claims Unit
Planning
& Reporting Section
Bureau of Land
cc:
CW3M
Company
i:’-.’
—
Re:
LPC #0050055011
--
Bond
County
Greenville/Royer Oil Company
200 South Third
LUST Incident #900202
LUST FISCAL FILE
Attachment A
Accounting Deductions
Item #
Description ofDeductions
1.
$402.56, deduction in
costs that the owner/operator failed to demonstrate
were
reasonable (Section 22.l8b(d)(4)(C) ofthe Environmental Protection Act).
CW3M
Company-dated March
1996
•
•
•
April1996
May1996
May 1996
$402.56 Total Accounting Deductions
$137.13
No handling invoice billed
direct to
owner/operator
$242.99
No handling
invoice billed
direct to
owner/operator
Tools-Lowes
Handling on denied cost
MAR
4
?flQ3
$20.03
$2.41
DEO:KM:jk\033 103 .doc
Attachment A
MAR
~
2003
Technical Deductions
‘
Re:
LPC#0050055011—BondCounty
Greenville/Royer
Oil Company
200 South Third
LUSTIncident #900202
‘LUST FISCAL
FILE
Item #
Description ofDeductions
‘
I.
$6.643.08, deduction in
excessive groundwater treatmei~t
lease/operation and
maintenance
costs that the owner/operator failed to demonstrate were reasonable
(Section 22.1 8b(d)(4)(C) of the Environmental Protection Act).
DEO:KM:KK:jk\033
1 03.doc
ILLINOIS POLLUTION CONTROL BOARD
April
17, 2003
ROYER OIL COMPANY,
)
•
-
)
Petitioner,
‘
)
-
)
)
‘
PCB03-l87
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
(90-Day Extension)
PROTECTION AGENCY,
)
-
)
Respondent.
)
ORDER OF THE’BOARD (by T.E. Johnson):
On April
14, 2003,
the parties timely filed a joint notice to
extend the 35-day period
within which Royer Oil Company may appeal a’March
3, 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,
thejoint request was timely filed.
35 Ill.
Adm.
Code
10l.300(b)(2),
105.404.
The
Agency approved reimbursement ofcorrective action plan 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 7, 2003, as the parties
request.
See
415
ILCS
5/40(a)(1)
(2002); 35
Ill. Adm.
Code
105.208(a).
IfRoyer 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 of6-0.
4~Z
r~’
DorothyM. Gunn, Clerk
Illinois Pollution Control Board
BEFORE THE POLLUTION CONTROL BOARD
CLEr~’
OF’THE STATE OF ILLINOIS
‘
JUL
7
z003
ROYER OIL COMPANY,
)
STATE
OF
ILLiNOIS
d
PoUUt10r~
Control Boar
•
Petitioner,
)
)
v.
)
PCB03~186
)
(UST Appeal)
ILLiNOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR REVIEW
OF ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY DECISIONS
Royer
Oil
Company, by its
attorney, Carolyn
S. Hesse of Barnes
& 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
900202
was
obtained
following
a
site
investigation.
3.
On February 26,
2002,
the Agency received Royer’s complete request for
reimbursement ofcosts
from the Illinois Underground Storage Tank Fund
(the “Request”) for the period from June
1,
1997 to December 31,
1997, in
the amount of$32,398.76.
This
filing
submitted
on recycled paper as defined
in
35 III. Adm. Code
101.2021
4.
The Agency denied certain
costs in
the Request in
a letter dated March 3,
2003, a copy of which is attached hereto as Exhibit A.
5.
Royer is
appealing this
March 3,
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 ~explanationof 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
14,
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 8,
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
101.202
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 A
orneys
Carolyn S. Hesse, Esq.
Barnes & Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)357-1313
173697v1
•
This
filing submitted on recycled paper
as defined
in 35
III. Adm. Code
101.202
3
lLLINO~.;’NVlRONMENTAL PROTECTIOK..’.SOENCY
1021
NORTH
GRAND AVENUE
EAST,
P.O.
Box 19276,
‘SPRINGFIELD,
ILLiNOIS
62794-9276
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH,
SUITE
11-300,
CHICAGO,
IL
60601
ROD
R.
BLACOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/782-6762
-
MAR
~..
2003
MAR
03
2003
Royer Oil Company
Attn:
Stephen L. Royer
911
Railroad Street
Greenville, Illinois 62246
Re:
LPC#0050055011--BondCounty
•
Greenville/Royer Oil
Company
200
South Third
LUST Incident #900202
LUST FISCAL FILE
Dear Mr. Royer:
,
-
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 June
1,
1997 to
December 31,
1997.
The amount requested
was
$32,398.76.
-
The deductible amount for this
claim is $10,000.00, which was previously deducted from the
Invoice Voucher dated August 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 February 26, 2002,
the Agency received your complete’request-for payment for this claim.
As
a result of the Agency’s review of this claim, a voucher.for $31,701.13 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 ofthis claim.
~Subsequentclaims
that have beenlare 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
22.1 8b(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 of time not to
exceed 90
days by written notice from the
ROCKFORD —4302 North Main
Street,
Rockiord,
IL 61 103
—
(8131 987-7760
•
Des
PIAINES —9511
W.
Harrison
St.,
Des
Plaines, II
60(11
6— 1847) 294-4000
ELGIN
—
595
South State,
Elgin,
IL
60123
—
I847t 608-3131
•
PEORI.A
—5415
N. University
Si.,
Peoria,
IL
61614 —13091
6133-r463
BUREAU
CIF
LAND
-
PEORIA.—
7620 N.
University
St.,
Peoria, IL 61614
—
I309t 693-5462
•
CHAMPAIGN
—2125
South
First Street, Champaign,
IL
611120—12171
278-580(1
SPRINGFIELD
—
4500
S. Sixth Sheet
Rd.,
Springfield,
IL
62706—
1217) 786-6892
•
COLLINSVILLE—
2009
MalI
Street,
CoIIinsviIIe,
IL 62234—
10181
346-512(1
—~
MARION
—2309
‘A’. Main
Si.,
Suite
116, Marion,
IL
62959
—1618) 993-7200
‘
EXHIBIT
PRINTED ON
REcycLED
PAPER
Page 2
I’’.’.
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 of 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 of Illinois Center
100
West Randolph, Suite
11-500
Chicago, Illinois
60601
3~l
2/814-3620
For information regarding the filing of an extension, please contact:
Illinois Environmental Protection Agency
Division of Legal Counsel
1021
North Grand Avenue East
Springfield, Illinois 62794-9276
21.7/782-5544
MA~
2003
Ifyou have any questions, please contact Kevin Mably ofmy staff or Kark.Kaiser of Cliff
Wheeler’s staff at 217/782-6762.
DEO:KLM:bjh\033 101 .doc
Attachments’
Do.ug~asB.
Oakley, Manager
LUST Claims Unit
Planning
& Reporting Section
Bureau ofLand
cc:
CW3M
Attachment A
Accounting Deductions
Re:
LPC#0050055011--BondCounty
Greenville/Royer Oil.Company
200 South Third
LUST Incident No. 900202
LUST FISCAL FILE
MAr~
Item #
Description of Deductions
1.
$339.13, deduction in costs that the owner/operator failed to
demonstrate were
reasonable (Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).
CW3M
Company
—
dated 6-97
7-97
8-97
9-97
10-97
11-97
12-97
10-97
$22.00 Personnel
$24.00 Personnel
$17.00 Personnel
$89.00 Personnel
$134.00
Personnel
$21.00 Personnel
$32.00 Personnel
$0.13
Handling
$339.13
—
Total Accounting Deductions
DEO:K.LM:bjh\033101.doc.
Attachment A
Technical Deductions
MA~
52003
‘Re:
.LPC #0050055011
--
Bond
County
‘Greenville/Royer
Oil Company
,200’South Third
LUST Incident No. 900202
LUST FISCAL-FILE
Item #
.Description of Deductions
1.
$358.50, deduction in excessive groundwater treatment system lease/operation and
~maintenancecosts that the owner/operator failed to demonstrate were reasonable
(Section 22.18b(d)(4)(C) ofthe Environmental Protection Act)..
DEO:KLM:bjh\033 101 .doc
-
ILLINOIS POLLUTION CONTROL BOARD
April-
17, 2003
ROYER‘OIL COMPANY,
‘
)
)
Petitioner,
‘
‘
)
:
)
v.
‘
)
PCB 03-186
-
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
-
)
(90-Day Extension)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD (by T.E. Johnson):
On April
14, 2003, the parties timely filed a joint notice to
extend the35-day period
within which Royer Oil
Company may appeal
a March 3, 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
fihin~,
thejoint request was timely filed.
35 Ill. Adm.
Code lol.300(b)(2),
105.404.
The
Agency approved reimbursement ofcorrective action plan costs, with modifications, for Royer
Oil Company’s leaking underground petroleum storage tank facility located at200
-South Third,
Greenville, Bond
County.
The Board
extends the appeal period until July
8, 2003,
as the parties
request.
See
415 ILCS 5/40(a)(l) (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 of6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
