ILLINOIS ENVIRONMENTAL,
PROTECTION AGENCY
)
PCBO3-131
)
(UST Appeal)
)
)
)
)
M4Y
2 32003
STATE OF ILLINOIS
Pollution Control Board
NOTICE OF FILING
To:
Joim 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
PLEASE TAKE NOTICE
that on Friday, May 23, 2003, I filed with the Clerk of the
Illinois Pollution Control Board of the State ofIllinois an original, executed copy of a Petition
for Review ofIllinois Environmental Protection Agency Decisions and Appearances for Carolyn
S. Hesse and Beth A. Harvey.
Dated: May 23, 2003
Carolyn S. Hesse, Esq.
Beth A. Harvey
Barnes & Thoniburg
2600 Chase Plaza, 10 South LaSalle Street
Chicago, Illinois 60603
312-214-8301
Respectfully submitted,
By:
Carolyn S. H~se
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
CLERL~
~rrrc~
KELLER OIL PROPERTIES, NC.,
Petitioner
v.
)
)
)
Respondent
)
This filing submitted on
recycled paper as defined in 35 III. Adm. Code 101.202
BEFORE THE POLLUTION CONTROL BOARD ~
OF THE STATE OF ILLINOIS
CLERK’S
OFFTCF
KELLER OIL PROPERTIES, INC.,
)
STATE
M14y
OF
2
ILLINOIS
3 2003
Petitioner
)
0//Ut lOfl COflt~0Board/
)
v.
)
PCBO3-131
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent
)
PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY DECISIONS
Keller Oil Properties, Inc. by its attorneys, Carolyn S. Hesse and Beth A. Harvey 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.
Keller Oil Properties, Inc. (“Keller”) is the owner ofproperty located at 419 West
Lincoln, Charleston, Coles County, Illinois. The site is a gasoline service station
known as University BP or University Shell that has underground storage tanks
(USTs) on the property, which store gasoline, heating oil, and diesel fuel.
2.
LUST Incident Number 881670 was obtained following a site investigation.
3.
On July
5,
2002, the Agency received Keller’s request for reimbursement of costs
from the Illinois Underground Storage Tank Fund (the “Request”) for the period
from July 1, 2001 to March 31, 2002, in the amount of
$48,657.36.
This
filing submitted on recycled paper as defined in 35 Ill. Adm. Code 1Qt202
4.
The Agency denied certain costs in the Request in a letter dated January 17, 2003,
a copy of which is attached hereto as Exhibit A.
5.
Keller is appealing this January 17, 2003 denial because:
(a) the Agency denied certain costs due to the deduction for an adjustment to
Handling Charges greater than allowed by the sliding scale based on eligible
subcontractor charges;
(b) the Agency denied certain costs by claiming that the costs that the
owner/operator failed to demonstrate were reasonable; and
6.
Keller disagrees with the Agency’s decision and believes that the costs submitted
for reimbursement are corrective action costs, are reasonable 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 ofappeal. 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 February 24, 2003, the parties timely filed a joint notice to extend the appeal
deadline. On March 6, 2003, the Board filed an order extending the appeal
deadline until May 23, 2003, a copy of which is attached hereto as Exhibit B.
Pursuant to the Board’s March 6, 2003 order, this appeal is timely filed.
This filing submitted on recycled paper as defined in 35 III. Adm. Code 101.2021
WHEREFORE, Keller Oil Properties, Inc. 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,
KELLER OIL PROPERTIES, INC.
By:_________
One ofIts Atto~eys
Carolyn S. Hesse, Esq.
Beth A. Harvey
Barnes & Thornburg
2600 Chase Plaza
10 South LaSalle Street
Chicago, Illinois 60603
312-214-8301
This filing
submitted on recycled paper as defined in 35 III. Adm. Code 101.202
ftLI.NOIS. ENVIRONMENTAL PROTECTION AGENCY
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
RENEE CIPRIANO, DIRECTOR
217/722-6762
.
JAN 18 2003
JAN 1 7 2003
.
L. Keller Oil Properties, In~.
Attn: Joe Henry
P.O.Box70
Effingham, Illinois 62401
Re.:
LPC #0290105024
--
~o1es County
•Chariestorii~ellerOil
.
.
.
.
•
4.19 West Lincoln
.. ‘.
LUSTlncident#88167.0
S
LUST FISCAL FILE
. .
.
.5.
Dear Mr. Henry:
.
0
The Agency has completed the i~evie~iofthe 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 July 1, 2001 to March 31,2002. The amount requested was
$48,657.36.
.
.
The deductible amount for this claim is $50,000.00, which was previously deducted from
reimbursement requests received June 29, 1 999~May18, 2000, and March 26, 2001. Listed in
‘Attachment A are the costs which are nOt’being reimbursed’from this request and the reasons
these costs are not b~ingreimbursed.
-
On July 5, 2O0~,the Agency received your complete request for payment far this claim. As a
result of the Agency’s review of this claim, a voucher for $47,964.30 will be prepared for
submission to the Comptrollers Office for payment as funds become ~.vailablebased upon the
•date the Agency received your complete request for payment ofthis claim. Subsequent claims
that ha~’ebeen/are submitted ~‘i11be processed based..upon the date complete s~bsequentbillings
requests are received by the Agency.
.
S
~•
•
This constitutes the Agency’s finAlaction with regà.rd to the aboi~ieinvoices. An underground
stOrage tank owner or operator may appeal this final decision to the Illinois Pollution ControF
Board (Board) pi.irsuant to Section 22.1 Sb(g) and Section 40 ofthe Act by filing a petition for a
Rc)C~Fa~o—4302 North Main Street. Rockiord. IL 61.103 —(luSt 067.7404
.
~
11 60016— (647) 2’14-4073
— 505 South State. EIgin
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or L~n-
—
7620
N. University St..
,
—
Charnpoi~in,IL 61112(1 —(2171 333-61)07
S~tONC5,ELD— 4500 S. Sixth Street Rd., Sprin~—
.
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JAN 18 20~3
Page ‘2
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. 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 ofthis decision, must be sent to the Illinois
EPA as soon as possible.
S
-
For infonnation regarding the filing of an appeal, please contact:
Dorothy Gunn, Clerk
.
.
Illinois Pollution Control Board
-
-
State ofIllinois Center
.
100 West Randolph, Suite 11-500
r’i..:,....~
~
tr~rsi
IIIUIUIO UUUUI
.
5
-
312/814-3620.
.
S
• -
•
•
0
For information regarding the filing ofan extension, please contact:
Illinois Environmental Pratection Agency
0
~,
• -
-
Division ofLegal Coun~l
.
0
.1021 North Grand Avenue East
Springfield, Illinois 62794-9276
-
217/782-5544.
-.
If you have-any questions, please contact Diana Gobehnan of my staff or Carol Hawbaker
of the LUST Section technical staff at 217/782-6762.
Doug~ásE. Oakley, Manager
LUST Claims Unit
Planning & Reporting Section
Bureau of Land
DEO:DLG:mls\033563.doc.
Attachment
Sincer~l~’,
cc:
.CW3M.
Attachment A
-
JAN
~
~oq
•
Accounting Deductions
.
Re:
LPC #0290105024
--
Coles County
•
.
-‘
S
Chadeston/Keller Oil
-
419 West Lincoln
-
0
LUST Incident Nb. 881670
LUSTFISCALFILE
,
•
-‘
.
-
5
5
Item #
Description ofDeductions.
‘.
1.
$.
119.80; deduction for an adjustment in Handling Charges ofgreater than the allowed
Sliding Scale (Section 22.18b(i)(2) ofthe Environmental Protection Act).
Ineligible subcontractor charges in billing package.
2.
-
‘$573.26,
deduction in costs that the owner/operator failed ~odemonstrate were
•
-
reasonable (Section22.18b(d)(4)(C) ofthe Environmental Protection Act).
CW3M 08/0 1
--
Administrative assistant and engineer rates; past due anaopnt on
.
•
Charleston Water Dept. bill; CPS late charge
--
$52.76
CW3M 09/01
--
Project manager, administrative assistant ~nd engineer rates
-
$176.00
CW3M
10/01
--
Administrative assistant and engineer rates
-
$9.5O
CW3M 11/01--- Administrative assistant and engineer rates
-
$5.00
.
•
CW3M 12/01
--
Administrative’assistant, engineer, and mobilization rates
--
$127.50
CW3M 01/02
--
Project manager, administrative assistant and engineer rates
-
$124.50
CW3M 02/02
---
Engineer rate; VOC, ENA, ammonia rates, and anion on Prairie
Analytical-$78~00
-
..
.
S
DLGanJs\033564.doc
•‘
.
-.
.
-‘
.
S
ILLINOIS POLLUTION CONTROL BOARD
March 6, 2003
‘KELLER OIL (July 1, 2001
—
March 31,
)
2002),
)
)
Petitioner,
)
S
)
PCBO3-131
v.
.
•
)
(UST Fund)
)
(90-Day Extension)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Respondent.
•
)
ORDER OF THE BOARD (by T.E. Johnson):
On February 24, 2003, the parties placed in the U.S. mail a joint request to extend the
35-
day period within which Keller Oil may appeal a January 17, 2003 determination ofthe Illinois
Environmental Protection Agency (Agency).
See
415 IILCS 5/40(a)(1) (2002);
35
Iii. Adm. Code
105.206(c),
105.208(a), (c). Keller Oil was served the Agency’s determination on January 18,
2003. Because the joint request’s postmark date is within the filing period following Keller Oil’s
• receipt ofthe Agency decision, the petition is timely filed.
See 35
Ill. Adm. Code.101.300(a),
101.300(b)(2), 105.404. The Agency issued a reimbursement from the Underground Storage
Tank Fund in the amount of $48,657.36, Keller Oil requested $47,964.30. This matter regards
Keller Oil’s leaking underground storage tank site at 419 West Lincoln in Charleston, Coles
• county. The Board extends the appeal period until May 23, 2003, as the parties request.
See
415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.208(a).. If Keller Oil 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. ofthe Illinois Pollution Control Board, cei-tify that the Board
adopted the above order on March 6, 2003, by a vote of6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
RECEIVED
BEFORE THE POLLUTION CONTROL BOARD CLERK’S OFPCf~
OF THE STATE OF ILLINOIS
STATE
M~4Y
OF
2
22003
ILLINOIS
KELLER
OIL PROPERTIES, INC.,
)
POlltgtj0~Control Board
)
Petitioner
)
)
v.
)
PCBO3-131
)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent
)
APPEARANCE
NOW COMES
the undersigned, Carolyn S. Hesse, and enters an appearance for the
Petitioner, KELLER OIL PROPERTIES, INC., in the above captioned matter.
Dated: May 23, 2003
Keller Oil Properties, Inc.
By:_________
One of Its At~meys
Carolyn S. Hesse
Barnes & Thomburg
10 S. LaSalle Street
Suite 2600
Chicago, Illinois 60603
(312) 214-8301
This filing submitted on recycled paper as defined.in 35
III.
Adm. Code 101.202
R~C~~VED
CLPj~l’~
OFFICE
BEFORE THE POLLUTION CONTROL BOARD
M/~Y2 32003
OF THE STATE OF ILLINOIS
Pollutj
STATE
0,~
OF
Control
ILLiNOIS
Board
KELLER OIL PROPERTIES, INC.,
)
)
Petitioner
)
)
v.
)
PCBO3-131
)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent
)
APPEARANCE
NOW COMES
the undersigned, Beth A. Harvey, and enters an appearance for the
Petitioner, KELLER OIL PROPERTIES, INC., in the above captioned matter.
Dated: May 23, 2003
Keller Oil Properties, Inc.
B~g~k ~
O~iieof Its Attorney
Beth A. Harvey
Barnes & Thornburg
10 S. LaSalle Street
Suite 2600
Chicago, Illinois 60603
(312) 357-1313
Ci-IDSO) BZH 169048v1
IThis filing submitted on recycled paper as defined in 35 III. Adm. Code 101.202
CERTIFICATE OF SERVICE
I, on oath state that I have served the attached PETITION FOR REVIEW OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY DECISIONS and APPEARANCES for Beth A.
Harvey and Carolyn S. Hesse by placing a copy in an envelope addressed to:
John Kim
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O.
Box 19276
Springfield, Illinois 62794-9276
via U.S. mail this ,Z~
3
day ofMay, 2003.
Dorothy Guim
Clerk ofthe Board
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
via Hand Delivery this
~-~2
day ofMay, 2003.
Carolyn S. He~e
This filing submitted on recycled paper as defined in 35 III. Adm. Code 101.202