RECE1VE~
CLERK’S OFFICE
BEFORE
THE
~
“00k
ILLINOIS POLLUTION
CONTROL BOARD
J~
1 ~
STATE OF ILLINO~Sd
polIut~Ofl
Control Boa
MARTIN
OIL MARKETING, LTD.,
)
)
Petitioner,
)
)
No. PCB 04-93
v.
)
(UST
-
Fund)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF FILING
To:
See Attached Service List
PLEASE TAKE NOTICE that on January
14, 2004, we filed with the Clerk ofthe
Illinois Pollution Control Board,
100 West Washington Street, Suite 11-500, Chicago,
Illinois 60601, an original and thirteen (13) copies ofan Appearance and First Amended
Petition for Review and Appeal Hearing, a copy ofwhich is attached hereto and hereby
served upon you.
MARTIN
OIL MARKETING, LTD.
By____________
ofits
attorneys
Joseph F. Madonia
WILDMAN HARROLD ALLEN & DIXON, LLP
225
West Wacker Drive,
Suite 2800
Chicago, IL 60606
312-201-2000
THIS FILING IS
MADE ON RECYCLED
PAPER
RECE~VED
CLERK’S OFFICE
PROOF OF SERVICE
JAN
1
k
2004
(Martin Oil Marketing, Ltd. v. IEPA)
STATE OF
ILLINOIS
Pojiution
Control
Board
I, Larysa Dema, a non-attorney, certify that I served a copy ofthe foregoing
Appearance, First Amended Petition forReview and Appeal Hearing and Notice ofFiling
upon the following by U.S. Mail and depositing same at 225
W. Wacker, Chicago,
Illinois, 60606 on this 14th day ofJanuary, 2004, with proper postage prepaid:
Douglas B.
Oakley, Manager
LUST Claims Unit
Planning & Reporting Section
Bureau ofLand
Illinois Environmental Protection Agency
1021
North Grand Avenue East
Chicago, IL
60601
~
X
Underpenalties as provided by law pursuant to ILL. REV.
STAT.
CHAP. 110- SEC
1-109,1 certify that the statements set forth
herein are true and correct.
THIS FILING IS MADE ON RECYCLED PAPER
PECE~VED
BEFORE THE
CLERK’S
OFFICE
ILLINOIS POLLUTION
CONTROL BOARD
JAN
142004
STATE OF ILUNOIS
Pollution Control Board
MARTIN OIL MARKETING, LTD.,
)
)
Petitioner,
)
)
No. PCB 04-93
v.
)
(EJST-Fund)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
APPEARANCE
Joseph F. Madonia ofthe law firm, WILDMAN HARROLD, ALLEN & DIXON
LLP, enters his
appearance as counsel for Petitioner, Martin Oil Marketing, Ltd.
~4tc~
~&~\
Joseph F. Madonia
WILDMAN HARROLD ALLEN & DIXON, LLP
225 West Wacker Drive,
Suite 3000
Chicago, IL 60606
T:
312-201-2000
F:
312-201-2555
madonia@wildmanharrold.com
THIS FILING IS MADE ON RECYCLED PAPER
RECE
WED
BEFORE THE
CLERK’S
OFFICE
ILLINOIS POLLUTION CONTROL BOARD
JAN
14
2004
MARTIN OIL MARKETING, LTD.,
)
STATE OF ILLINOIS
)
Pollution Control Board
Petitioner,
)
)
No. PCB 04-93
v.
)
(UST
-
Fund)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
FIRST AMENDED
PETITION FOR REVIEW AND APPEAL HEARING
Martin Oil Marketing, Ltd., through its attorneys, Wildman, Harrold, Allen &
Dixon LLP, respectfully submits this Amended Petition for Review
and requests a hearing
to appeal IEPA’s November 6, 2003
final decision to reject the amended budget forthe
following location:
LPC
#
1130205082— McLean County, BloomingtonlMartin Oil #99,
1901
West Market Street, LUST Incident No. 941138.
In support ofthis Petition, Martin states the following grounds for its appeal:
(i) that the IEPA’s rejection ofline item amendments to a previously-approved budget
associated with a previously-approved corrective action plan is unreasonable,
arbitrary
and not in accordance with the law, and
(ii) that Petitioner’s reliance upon the IEPA’s
prior budget and corrective action plan approvals act as an
estoppel which precludes the
rejection which is the subject matter of this
appeal.
Respectfully submitted,
MARTIN OIL MARKETING, LTD.
By:_____________
ne of its attorneys
Joseph F. Madonia
WILDMAN HARROLD ALLEN & DIXON, LLP
225
West Wacker Drive, Suite 3000
Chicago, IL 60606
T:
312-201-2000
F:
312-201-2555
madonia@wildmanharrold.com
THIS FILING IS MADE
ON
RECYCLED PAPER