CLERK’S
OPF!CE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDM~4R
2 4 2003
WARECO SERVICE
INC.
)
STATE OF ILLINOIS
Pollution Control Board
Petitioner,
)
)
v.
)
PCBNo.
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF
FILING
TO:
Ms.
Dorothy M.
Gunn
Division of Legal Counsel
Clerk of the Board
Illinois Environmental Protection
Agency
Illinois Pollution Control Board
1021 North Grand Avenue East
100 West Randolph Street
Post Office Box
19276
Suite 11-500
Springfield,
Illinois
62794-9276
Chicago, Illinois
60601
(VIA FIRST
CLASS
MAIL)
(VIA FIRST CLASS MAIL)
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk of
the Illinois Pollution Control Board an
original and
nine copies each ofan ENTRY
OF
APPEARANCE
OF EDWARD W. DWYER, ENTRY
OF
APPEARANCE
OF
CASSANDRA L.
KA1UMI and
PETITION
FOR
REVIEW
OF AGENCY
DETERMINATION REGARDING AMENDED SITE CLASSIFICATION WORK
PLAN BUDGET,
copies ofwhich
are herewith served upon you.
Respectftilly submitted,
WARECO SERVICE, INC.,
Petitioner,
Dated:
March 20, 2003
~
One ofIts Att~I~eys
Edward W.
Dwyer
Cassandra L.
Karimi
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield,
Illinois
62705-5776
(217) 523-4900
THIS FILING
SUBMITTED ON RECYCLED PAPER
CERTIFICATE OF SERVICE
I, Edward W.
Dwyer, the undersigned, certify that I have served the attached
ENTRY OF APPEARANCE OF EDWARD W.
DWYER, ENTRY OF APPEARANCE
OF CASSANDRA L.
KARIMI and PETITION FOR REVIEW OF AGENCY
DETERMINATION REGARDING AMENDED SITE CLASSIFICATION WORK
PLAN BUDGET upon:
Ms.
Dorothy M.
Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
Division ofLegal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield,
Illinois
62794-9276
by depositing said documents in the United States Mail
in Springfield,
Illinois, postage
prepaid,
on March 20,
2003.
Edward
W. ~~yer
WARE:OO1/FiLINOF
—
Petition for ReviewO2 (Galesburg #224)
~C~VED
CLERfç~
OFPICE
M~24
2003
BEFORE THE ILLINOIS POLLUTION CONTROL BOJ~1~.?
OF
ILUNOI~
Pollution
ControlBoard
WARECO SERVICE, INC.,
)
)
Petitioner,
)
)
v.
)
PCBNo.~3
0
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ENTRY OF APPEARANCE OF EDWARD W. DWYER
NOW COMES Edward W. Dwyer, ofthe law firm ofHODGE DWYER
ZEMAN,
and hereby enters his appearance on behalfofPetitioner, WARECO SERVICE,
INC.
Respectftilly submitted,
WARECO SERVICE,
INC.,
Petitioner,
By~’~~
Edward W.
Dated:
March
20, 2003
Edward W.
Dwyer
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
WARE:OO1/FiI/EOA2-EWD (Galesburg #224)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
WARECO SERVICE,
NC.,
)
)
Petitioner,
)
)
~~•))
v.
)
PCBNo.
Li
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ENTRY OF APPEARANCE OF CASSANDRA L.
KARIMI
NOW COMES
Cassandra L.
Karimi, ofthe law firm ofHODGE DWYER
ZEMAN, and hereby enters her
appearance on behalf ofPetitioner, WARECO
SERVICE,
INC.
Respectftilly submitted,
WARECO SERVICE,
INC.,
Petitioner,
By:_________________
Cassandra L. Karimi
Dated:
March 20, 2003
Cassandra L.
Karimi
HODGE DWYER ZEMAN
3150
Roland Avenue
Post Office Box 5776
Springfield,
Illinois
62705-5776
(217) 523-4900
WARE:OOIIFi1IEOA2-CLK (Galesburg #224)
CLERK’S
OFFICE
MI4R
2
4
2003
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOAJW
STATE
OF ILL1NQj~
WARECO
SERVICE, INC.,
)
Pollution
ControlBoard
)
Petitioner,
)
)
v.
)
PCBNoj~)3~
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR
REVIEW
OF AGENCY DETERMINATION
REGARDING AMENDED SITE
CLASSIFICATION WORK PLAN BUDGET
NOW
COMES
Petitioner,
WARECO
SERVICE, INC.
(“Petitioner”), by and
through its attorneys,
HODGE DWYER
ZEMAN, and pursuant to
Sections 40
and
57.7(c)(4)(D) of the Illinois Environmental Protection Act (“Act”) (415
ILCS
5/40
and
5/57.7(c)(4)(D)),
and 35
Ill.
Admin.
Code Part
105, hereby requests review ofthe final
decision by the Respondent, Illinois Environmental Protection Agency (“Agency”),
regarding Petitioner’s
Amended Site
Classification Work Plan Budget.
In support ofthis
Petition, the Petitioner states as follows:
1.
Petitioner is the owner of certain property located at
1039 Grand Avenue
in Galesburg,
Illinois,
hereinafter referred to as “the site.”
2.
Petitioner is the owner of underground storage tanks (“USTs”) formerly
located at the site.
3.
On November
25,
1998,
Petitioner
notified the Illinois Emergency
Management Agency ofa release from the above-described USTs, in accordance with
applicable requirements (Leaking Underground Storage Tank (“LUST’) Incident No.
982927).
4.
On January 23,
2003, Petitioner submitted its amended
Site Classification
Work Plan Budget forthe above-referenced LUST
incident.
5.
By letter dated February
13, 2003,
the Agency
modified the amended
Site
Classification Work Plan Budget (attached hereto as Exhibit A).
The letter further stated
that “An
underground storage tank owner or operator may appeal this final decision to
the Illinois Pollution
Control Board
.
.
6.
Petitioner is seeking review of the Agency’s February
13,
2003,
determination modifying Petitioner’s amended Site Classification Work Plan Budget for
the above-referenced LUST incident.
The Agency’s determination regarding the above-
described modifications,
is arbitrary,
capricious, and
without statutory authority.
Furthermore, the Agency is bound on review by its
cited reasons for modification.
WHEREFORE, for the above and foregoing reasons, Petitioner, WARECO
SERVICE,
INC., respectfully requests that the Illinois Pollution Control Board grant the
following relief:
1.
Find
that the Agency’s February
13,
2003, final decision
is arbitrary and
capricious,
and without statutory authority;
2.
Reverse the Agency’s decision modifying Petitioner’s amended
Site
Classification Work Plan Budget;
3.
Remand this matter to the Agency with instructions
to
approve the
amended
Site Classification Work Plan Budget as submitted, as provided by the Act,
but
not inconsistent with the Illinois Pollution Control Board’s order;
4.
Award Petitioner reasonable attorney’s fees and expenses incurred in
bringing this action; and,
2
5.
Award such further relief as deemed just and equitable in
these premises.
Respectfully submitted,
WARECO SERVICE,
INC.,
Petitioner,
By~~’
~
One of Its
AttorI)~~
Dated:
March 20,
2003
Edward W.
Dwyer
Cassandra
L.
Karimi
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217)523-4900
WARE:OOUFillPetition
for ReviewO2
—
Galesburg (#224)
3
V
~
JLLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
Nc~7H
GRANO
Av~NUCE~’sr,
P.O.
~ox
19276,
Spgl~.9i~.r,
I~jj’t~j~5
~2794-9276
~
R. T~ov~~o~
C~TtR,
100 ‘~V~r
RI\~CLP~-’.
Sur-~
1 7.3CC.
C~c.~co. 60601
Ron
R.
BLAcO~EVICH,G0vE~N3~
REN~
Cj~:~’~o,
D;P.:cToc
2l7i782-67~2
CERTIFIED MAIL
7002
2030
~O0i
1ET~ 0~0~
FEB
132.~1~
Wareco Ser~icc
In;.
Attn: James Ware
P.0.762
Jacksonville;
XL 62650
Re:
LPC~09502C5083--Knox
County
Ga.lesbur~fWareco
Oil
(Station #224)
1039
Ea.ct
Grand
Ave.
LUST IncidentNo.
982927
LUST
Technicai
File
Dear
Mr.
Ware:
The
Illinois
E~ivircnmencal
ProtecUon Agency (iliino~
EPA) has reviewed
the
amended Site
Classification ~Vo:
Plan Budget (budget) subntitred for the above.refarenced incident.
This
budget,
dated January
23,
2003,
wa.c received
by
the
inrts
EPA on
January
24,
2303.
Citations in
this
letter
arc
from the
Envirar..rnental
Protection Act (Act) and 35 flJinoi~.
Administrative Code
(35
111. Adm.
Code).
The
budgetio modified pursuant
to
35
111. Adm.
Code 732.305(c) or 732.312(j)
and
Section
57.7(a)(1)
of
the
Ac:.
Based
or.
the modifications
listed in Section 2 of Attachment A, the amounts listed
in
Section
1
of
Attachmer.t
A are approved.
Please note
that
the
costs
must
be
incurred in
accordance
with
the
approved plan.
Be
aware
that
the
amount
of reimbursement may
be limited
by Sections
57.8(e),
57.8(g),
and
57.8(d)
of
the
Act,
as
well
as
35
fl.
Mm.
Code
732.604, 732.606(s),
and
732.611.
All future corresponderic~
must be s.±m.itted
tO:
Illinois
Environmnen:al Piotectior.
Agency
Bureau of
Land--~2~.t
Lea~kin:
LTrdersround Storage
Tank
cJoil
;o~Lo’~..do~i9L76
F
EXHIBIT
Spng±ietdL.
62~)4
~
A
~C~O•-
4~O2
~crIfiMar~
S~e~
~C~orc,
it
~1Qj
~15) 9~7.77~
-
Q’~
~
..93fl
iV.
H~rr;~
st..
D~
~u;-~,
!.
6CC16
E47;
2;4-4000
Ec.c’.
—
5~J5Sct.~
SL’;c.
~s;—.
.1. c~c~
—
1347:
ci~i’
•
~
*
5.~
‘..
~
3~
.
P.’.~a.
.
~—
‘~c~t
~546’
~.
~
—
~52c
~
U~ers~
5:..
p~
~
~i
4—
l3~9’
~93.~5
•
—
.1
2~Sct~
n:’.
S:~ce:.
C’~.—~ii.
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7)
27~SeCO
S~~~ci
~.z’—
43t~JS. SA~h
S&~c:
~.
Sp.
r’g~.~i.
.
627~(,—.2;7~
i-~t~2
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—
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or~.
—6; ~
~
~
~.
P.23
003
Page
2
Pl~se
submit
all
correspondence
in
duplicate and include the
Re:
block shown
at the beginning ofthis
letter.
An undefground
storage
tank system
owner
or operator
may appeal
this
decision
to
the Illinois
Pollution
Conro~
Board.
Appeal rights are
attached.
If you
have
any que.stions
or
need
turther assistarce,
please
contact
the
illinois EPA
project manager,
Steve
Jones, at
217/524-1253.
Sincerely,
Hernando A. Albarracin
Unit Manager
Leaking
Underground Storage Tank Section
Division of Remediation Management
Bureau
of Land
HAA:SJcWareco Cralesburg 922927
site class
bud.
armtend.doc
Attachments:
Attachrr.ent A
Appeal Rights
cc:
Hedge,
Dwyer
arid
Zemari
Division File
bce: Herri:tndo
A~barracin
Doug Oakely
Steve Jones
9
P.24
MAR—23-2223
~
l~j
004
Attachment A
Re:
LPC
#0950205023--Knox
County
GalesburgAVareco
Oil (Station #224)
LUST Incident No. 982927
LUST Technical File
NOTE:
Citationc
in thi:
attachment are from
35
1~linois
Administrative Code
(35
AC)
and the
Environmenta
?forection
Act..
SECTION
1
The budge.
~
previously ap~rov~c
for:
S8,690.00
Investigation Costs
53,380.00
Analysis Costs
$
14,450.00
Pcrsor.nel
Costs
S640.0O
Equipment Costs
S780.00
Field
PLrchaseS
and
Other Costs
51,23 1.00
l-lar.dling Chaiges
As
a result of
the
Illinois
EPA’s
modiEcation(s) in Section
2
of this
Anachment
A,
the Iollowin.g
amounts have been approved:
$0.00
ln~’estigationCosts
$0.00
Analysis Cc~t~
$0.00
Personne
Cost~
$276.72
Equipment Costs
$245.13
Field Purchases
and
Other Costs
$226.54
Handling Charges
Therefore, the total cumulative budget is
approved for:
S~,690.00
investigation Costs
$3,380.00
Analysis
Costs
514,450.00
Personnel
Costs
$916.72
Equipment Costs
$1,025.13
Field Purchases and Other Costs
S 1,457.54
Handling Charges
SECTION
2
1.
.SS.214.50
far
an adiisanent
in personnel cos:s.
The illinois EPA has determined that these costs
are no: reasonable
as submitted
(Section
57.7(c)(4~(C)
of the Ac: and
35
LAC Section
732.606(hh)’:.
One
of the overall goals of the Enancial review is
to assure that costs associated
with maccri&.s, activities and services are reasonable
(35
LA.C Section 732.505(c)).
Pleasc note
that additional information artdlor supporting
documontatiori may be provided
to demonstt~atethe
P.05
M~lR—23—2223
L2~
:“-
Page
2
costs submitted arc reasonable.
Please note
that the site cIassif~cazionbudge: amendment states
thar some personnel
COStS
are associated with
development of a Corrective
A:ticn Plan,
2.
830.78 for an adjustment
in mileage.
The Illinois
EPA has determined tha: these costs
are
not
reasonable as submitted (Section 57.7(c)(4)(C) of the Act and
35
TAC Section 732606(hh)).
One of
the overall goals of the
finan~iaIreview
is to
assure
c:lat costs associated
with materials.
actjvici~s
and services are reasonable
(35
AC
.Sectior.
732.505(c)).
Please
r.oce (ha: additioria
information
andior
supporting documentation
may
be provided
to dernonstrata the costs
submitted are
reasonable.
3.
$80.72
for an adjustment
in costs for Kara
Company.
The ifliriois EPA has determined that
these costs
are not reasonable
a.s s’~bmi:ted~Secticn57.7
c)(4(C)
of the Act and
35
~
Section
7~2.606~?~h);.
One
of
the overnl! goais of the fin~ncial
re.viCw
is
to assare
tea: costs assoctaced
with
~aa;eria~s,
activities arid
serii:e; are reasc~~ble
35
lAG Secticr. 732.S05~c)).P2eas~
note
that
additicr.al information andlor supporting documentation
may
be provided
to demonstrate the
costs submitted
are reasonable.
Please note
that there is no documentation jr
the Site
Classification
Completion Report of
the services
or items provided by this firm.
4.
3,521.25 for
in
adiuste~ienr
in costs for
TCS Engineeria~.The Illinois
EPA
has determined
that
these co~:scrc rot reasonable as
submitted
(Section 57.7(c)(4)(C) of the Act and 35 JAC Section
732.636(hli)).
One of the overall goals of the finar.cial
review
is
to assure that costs associated
with materials, actjv~tie~
and services are reasonable
(35
LAC
Section
732.505cc)).
Please note
that additional
information and/or supporting
documentation
may
be provided
to
demonstrate the
costs submitted a.e reasonable.
Please
r.ote
that there
is
no
doccnenc.acicr.
in the Site
Classification
Comnrlc:ion Report of the
ser;ices
or
items provided
by
this firm.
5.
5277.28
for
an
ad~ustrnent
in
cost; for Hazaa Ec
namcert and S~oaivken~a1.Tna Llinois
EPA
has deteimnirted
that these costs ar~
not reasonable
as submitted
(Section 57.7(c’(4)(C) of the Act
and
35
IAC
Section
732.606hh)).
One. of the overall goais
of
the financial
re’.’iew
is
to assure
that costs
associated with materials, activities and services are reasonable
(35 AC
Section
732.S05(c)~.Please nce that additional
information andioc su~portingdocumentation may be
provided to demonstrate the costs
submitted
are
reasonable.
P:ease note that there is no
documentation in
t:ne Site
Classification Comnçierion
Report of the services or
items provided
by
this
firm.
6.
.S220.C0 for an
adjustment
in costs for
~MI Analytical.
The J1~nois
EPA
has
dec~ir.edthat.
these costs are no: reasonable
as submitted
(Scc:ior. 57.O(c)(e)(C) cf :he Act and 35 AC
Section
732606(hh~). Or.e of the overall gcais of the financial review is
to assume
that cos~associatud
~
materials,
activit~e.sand
services
eme
reasonable
(35 AC
Section
732
505:1)
Please
note
that addztiona~information
and/cr su~portinzdo:umenLa:ioi-. may
he rrc.~ided::
demonstrate the
;s subrrined
are reasonable.
Please note
the: cbs:;
far
four
rraun±,’;a:emSTEX scmp~es
‘era ap~ro’~cd
as car: of the size clas;ifica:icn
.~ork
o~ac.
aria
budror
that was
arproved
by
2inois
EPA or.
~tarch
13,
2000.
E~ease
note
that ad±tion:ti
cLatter!’.
rn:nitor.m~was r.c:
approved
as pert of
the
site
classiricatior.
wom~t
plan and
5.id~e:
the: was
apcrcved ~y 11:nois
EPA on
~1~rch 13, 2000.
HAA:~\WarecoGalesburg 982927 si:e class tud
aen~.dcc
P.06
MPR—23—2203
‘~:~,4
V
V V
Appeal Rights
Art underground storage tank owner or operator may appeal this final decision to the Illinois Pollution
Control Board
pursuant
to
Sections 40
and 57.7(c)(4)(D)
of
the
Act by
filing a petition for a hearing
within
35
days after the
date
of issuance of the 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 owner or operator and
the Illinois EPA within the initial
35-day
appeal period.
If the
owner or operator wishe.s
to receive a
90-day
extension, a written request that includes a statement cf the date the
final
decision
was
received, alon~
with a copy of
this
decision,
must be sent to the Llinois EPA as soon as
possible.
For information regarding the filing of an appeal, please contact:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite
11-500
Chicago~
IL
60601
312/814-3620
For
information rearding
the filing of an extension,
please con tact:
Illinois Environmental Protection Agency
Division of Legal
Ccunsei
1021 North
Grand
Avenue East
Post. Office Box 19276
Springfield. IL
62794-9276
217!7S2-5544
P.0?
MnR—~3—2003
:0: 54
CL
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
s4149 2 ~
O//l4qt,O
SOLID
WASTE AGENCY OF NORTHERN
)
COOK COUNTY,
)
)
Petitioner,
)
)
/
vs.
)
No. PCB O3-/’(~’~
)
CITY OF DES PLAINES, ILLINOIS,
)
(Pollution Control Facility
)
Siting Facility)
Respondent.
)
APPEARANCE
I, the undersigned attorney, hereby enter my appearance as counsel
on behalfPetitioner,
Solid Waste Agency ofNorthern Cook County in this
matter.
Respectfully submitted,
Patri
a
F.
harkey
Patricia F.
Sharkey
Mayer, Brown, Rowe & Maw
190 South LaSalle Street
Chicago, IL
60603
312-782-0600
Attorney Registration No.
6181113
THIS DOCUMENT IS FILED ON
RECYCLED PAPER