BEFORE THE POLLUTION CONTROL BOARD
Ct~~)
OF THE STATE OF ILLINOIS
CLER~ç~
OFF!
CF
KELLER OIL PROPERTIES, Th4C:,
)
)
Petitioner
)
ILLINOIS ENVIRONMENTAL,
)
PROTECTION AGENCY
)
)
Respondent
)
)
PCBO3-137
)
(UST Appeal)
)
NOTICE OF FILING
To:
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
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 of Illinois an original, executed copy of a Petition
for Review of Illinois 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:Q,QJ~i~
~J~-Q
Carolyn S. H se
V.
M/L~y2 3
2003
STATE OF
ILLINOIS
Polluti0,~Control Board
This filing submitted on recycled paper as defined in 35 Iii. Adm. Code 101.2021
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
CLERK’S OFFrc~
KELLER OIL PROPERTIES, iNC.,
)
MIIW 2
32003
Petitioner
Pollution
STATE OF
Control
ILLINOIS
Board
v.
)
PCBO3-137
)
(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 & Thomburg, 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
(UST5) 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 18, 2001, 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, 2000 to March 31, 2001, in the amount of$22,725.05.
This filing submitted on recycled paper as defined in 35 Ill. Adm. Code 101 .2021
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 by claiming that the costs that the
owner/operator failed to demonstrate were reasonable; and
(b) the Agency denied certain costs due to lack of supporting technical
documentation as the owner/operator failed to demonstrate that the costs are
for corrective action performed in accordance with agency approved plans.
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 of the 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 26, 2003, the parties timely filed ajoint notice to extend the appeal
deadline. On March 6, 2003, the Board filed an order extending the appeal
deadline until May 27, 2003, a copy ofwhich 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 Ill. Adm. Code 101.202
WHEREFORE, Keller Oil Properties, Inc. respectfully requests that the Board enter au
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 At rneys
Carolyn S. Hesse, Bsq.
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
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTHORAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS
62794-9276
JAMES R. THOMPSON
CENTER, 1
00 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601
RE~.(EECIPRIANO, DIRECTOR
..
~. ~.
CERTII~TEDMAIL
~co~o3oo~c~
~7y7~(
JAN17 2003
L.
Keller Oil Properties, Inc.
Attn: Joe Hemy
Post Office Box- 70
Efflngham, Illinois 62401
Re:
LPC #0290105024
--
Coles County
Charleston/Keller Oil
419 WestLincoin
LUST Incideitt #881670
LUST FISCAL FILE
Dear Mr. Henry:
-
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 July 1, 2000 to March 31,2001. The amount requested was
$22,725.05.
.
The deductible amount for this claim is $50,000.00, which was previously deducted from
reimbursement requests received June 29,, 1999, May 18, 2000, and March 26, 2001. Listed ii
Attachment A are the costs which are not being reimbursed from this request and the re~sons
these costs are not being reimbursed.
On July 18, 2001, 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 $13,310.90 will be prepared for
submission to the Comptrollers Office fgr payment as funds.become available based upon the
date the Agency received your complete request for payment ofthis 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 undergrol4nd
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 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
Roc~FoRD—4302 North Main Street, Rockf
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~
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~ci 1 W H~rrkr,ncr
Plaines, IL 60016 —(847) 294-4000
ELGIN —
595
South State, Elgin,
614 — (309) 693.5463
BUREAU
OF
LAND -
PEORIA
— 7620 N. University St.
:,
Champaign, IL 61820— (217) 278-5800
SPRINGFIELD
—4500S. Sixth Street Rd., Sprir
nsvil)e,
IL 62234 —(618) 346-5120
217/782-6762
Page 2
period may be extended foi 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.
For information regarding the filing of an appeal, please contact:
DorothyGunm, Clerk
~~1
Illinois Pollution Control Board
-. -
State ofIllinois Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
312/814-3620
For information regarding the filing of an extension, please contact:
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021 Noith Grand Avenue East
Springfield, Illinois 62794-9276
217/782-5544
If you have any questions, please contact Diana Gobeirnan of my staff, or Carol Hawbaker
of the LUST Section technical staff; at 217/782-6762.
•
Since y,
Dongl~E. Oakley, Manager
LUST Claims Unit
P1an~iing& Reporting Section
Bureau ofLand
DEO:DLG:ct\033622.doc
Attachment A
:0
Accounting Deductions
Re:
LPC #0290105024—Coles County
0
0
Charleston/Keller Oil
419 West Lincoln
LUST Incident No. 881670
LUST FISCAL FILE
Item
#
Description of Deductions
$1,028.50.
deductions in costs that the owner/operator failed to demonstrate were
reasonable (Section 22.18b(d)(4)(C) of the Environmental Protection Act).
O
CW3M 07/00
--
Administrative assistant rate
-- $
.50
CW3M 08/00
—
General project manager and environmental engineer rates
--
$23.75
• CW3M 09/00
—
Administrative assistant, field supervisor, environmental engineer, and
mobilization rates
--$548.00
0
•CW3M 10/00
—
General project manager, field supervisor, and environmental engineer
rates
--
$438.75
•
0
: CW3M 11/00
—
Environmental engineer rate
--
$17.50
DLG
0~
.
0
0
AttachmentA
0
•
•
Technical
0
Deductions
0
0
0
,1)
Re:
LPC #0290 105024
--
Coles County
Charleston / Keller Oil
419 West Lincoln
LUST Incident No. 881670
0
LUSTFISCALFILE
Item #
Description of Deductions
$8,385.65,
deduction for costs that lack supporting technical documentation as the
ownei~or operator failed to demonstrate that the costs are for corrective action
performed in accordance with the plans approved by the Agency (Section
22.1 8b(d)(4)(F) of the Environmental Protection Act).
Deducting costs associated with Personnel time for mobilization and groundwater
treatment unit installation for the month of October 2000. Tn addition, mileage has been
deducted for the month of October 2000. Please provide supporting documentation to
indicate what was done during this month that required personnel to be at the site
during this time.
0
ILLINOIS POLLUTION CONTROL BOARD
March 6, 2003
KELLER OIL (July 1, 2000
—
March 31,
)
2001),
0
)
0
)
Petitioner,
)
)
v.
0
)
PCBO3-i37
)
(UST Fund)
ILLINOIS ENVIRONMENTAL
)
(90-Day Extension)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD (by T.E. Johnson):
0
On February 26, 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
ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code
105.206(c), 105.208(a), (c). Keller Oil was served the Agency determination on January 22,
2003. The Board received the joint request on March 3, 2003. Because the postmark date ofthe
joint request is within the 35-day filing period after service of the Agency determination, the
O
request was timely filed. 35 Ill. Adm. Code 101.300(b)(2), 105.404. The Agency determined
that Keller Oil was entitled to a reimbursement of $13,310.90 from the Underground Storage
Tank Fund. Keller Oil requested a $22,725.05 refund. 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 27, 2003.
See
415 ILCS
5/40(a)(1)
(2002); 35 Ill. Adm.
dismissCode
105.208(a).this
case andIfKellerclose theOildocket.fails
to file an appeal on or before that date,
0
the
0
Board will0
• •
0
O
•
IT IS SO ORDERED.
0
I, Dorothy M. Gunn, Clerk ofthe Illinois Pollution Control Board, certify that the Board
adopted the above order on March 6, 2003, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollutioti Control Board
EXHIBIT
b
.0
.0
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
RECE
JVED
KELLER OIL PROPERTIES, INC.,
)
•
MAY 2 32003
)
0
STATE OF ILLINOIS
-
Petitioner
)
Pollution Control Board
)
v.
)
PCBO3-137
)
)
ILLINOIS ENVIRONMENTAL
0
)
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 iñatter.
Dated: May 23, 2003
Keller Oil Properties, Inc.
By.QkI\~j~ ~ HCQJQ~..
0
One of Its ttorneys
Carolyn S. Hesse
0
Barnes & Thornburg
10 5. LaSalle Street
Suite 2600
Chicago, Illinois 60603
(312) 214-8301
This filing submitted on recycled paper as defined in 35 Ill. Adm. Code 101 .2021
RECEItVED
BEFORE THE POLLUTION CONTROL BOARD
CLERK’S
OFFT(~E
OF THE STATE OF ILLINOIS
MAY 232003
KELLER OIL PROPERTIES, INC.,
)
p~T0E~
Control
Board
)
Petitioner
)
)
v.
0
)
PCBO3-137
0
)
)
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
0
Keller Oil Properties, Inc.
By~Il~1.c~
c~2
One of Its Attomeys~’~
Beth A. Harvey
0
Barnes & Thomburg
10 5. LaSalle Street
Suite 2600
Chicago, Illinois 60603
(312) 357-1313
O
CEIDSOI BiN 169051v1
This tiling 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
0
P.O. Box 19276
Springfield, Illinois 62794-9276
via U.S. mail this ~
day ofMay, 2003.
Dorothy Gunn
Clerk ofthe Board
Illinois Pollution Control Board
0 0
James R. Thompson Center, Suite 11-500
0
100 West Randolph Street
Chicago, Illinois 60601
0
via Hand Delivery this
3
day of May, 2003.
0
Carolyn S. He~e
IThis filing submitted on recycled paper as defined in 35 III. Adm. Code 101 .202