BEFORE THE
POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
SWEARINGIN AMOCO,
)
)
Petitioner
ILLINOIS ENVIIRONMENTAL
PROTECTION AGENCY,
)
)
Respondent
)
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
Cleric ofthe Board
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
PLEASE TAKE
NOTICE
that on
Monday, June
16, 2003,
I filed with the Clerk ofthe
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 Appearance
for Carolyn
S. Hesse.
Dated:
June 16, 2003
Carolyn S. Hesse, Esq.
Barnes &
Thorriburg
2600 Chase Plaza,
10 South LaSalle Street
Chicago, Illinois 60603
312-214-8301
Respectfully submitted,
By:
(?J~J\fr~1ç~~
~
~I(LU~C~Q~
Carolyn S. He
e
V.
CLERK’S
OFFICE
JUN
1
62003
STATE OF
ILLINOIS
poIlut10t~Control Board
)
)
)
)
PCB 03
-
156
(UST Appeal)
This
filing submitted
on
recycled paper
as defined in
35
Ill. Adm. Code 101.2021
BEFORE
THE POLLUTION CONTROL
BOARD
OF THESTATE OF ILLINOIS
JUN
162003
SWEARINGIN AMOCO,
)
STATE OF
ILUNOIS
)
Pollution
Control Board
Petitioner
)
)
v.
)
PCBO3-156
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent
)
PETITION FOR REVIEW OF ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY DECISIONS•
Swearingin Amoco 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
et.
seq.,
hereby
appeals certain decisions by
the
Illinois
Environmental Protection Agency (the “Agency”).
1.
Swearingin Services, Inc. does business as Swearingin Amoco (“Swearingin”)
and
is the owner ofproperty lccated
at
503
South State Street, Jerseyville, Jersey
County, Ilinois.
The site is a gasoline service station known as Swearingin
Amoco that has underground storage tanks (USTs) on the property, which store
gasoline and diesel fuel.
2.
LUST Incident Number 830255015 was obtained following a site investigation.
3.
On May 6,
1997, the Agency received Swearingin’s request for reimbursement of
•costs from the Illinois Underground Storage Tank Fund (the “Request”) for the
This
filing submitted on recycled paper as
defined
in 35 III. Adm. Code 101.202
period from October
1,
1996 to February 28,
1997, in the amount of$17,201.10.
4.
The Agency denied certain costs in the Request in a letter dated February 10,
2003,
a
copy ofwhich is attached hereto as Exhibit A.
5.
Swearingin is appealing this February
10, 2003 denial because the Agency denied
certain costs by claiming that the owner/operator failed to demonstrate that certain
costs were reasonable.
6.
Swearingin disagrees with the Agency’s decision and believes that the costs
submitted for reimbursement are corrective action costs, are reasonable and are
the types ofcosts 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 March 20, 2003, the parties timely filed a joint notice to
extend the appeal
deadline.
On April 3, 2003, the Board filed an order extending the appeal
deadline until June 16, 2003,
a copy ofwhich is attached hereto as Exhibit B.
Pursuant to the Board’s April 3, 2003
order, this appeal is timely filed.
ITliis filing submitted
on recycled paper
as
defined in 35 III. Adm. Code 101.202
WHEREFORE, Swearingin Services, Inc., d/b/a Swearingin Amoco 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,
SWEARTNGN
SERVICES, INC.,
dlb/a SWEARINGIN AMOCO
By:
~
O~’eofItsAt~meys
Carolyn S. Hesse, Bsq.
Barnes & Thomburg
2600 Chase Plaza
10 South LaSalle Street
Chicago, Illinois 60603
312-214-8301
171304v1
This
filing submitted on recycled paper
as
defined in 35 III. Adm. Code 101.2021
ILLINOIS
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
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/782-6762
CERTIFIED MAIL
~~oooo
U878T~’°
FEB
10
2003
Swearingin Services, Inc.
Attn:
Ronald Swearingin
Post Office Box
571
Carlinville, Illinois
62626
Re:
LPC#0830255015--JerseyCounty
Jerseyville/Swearingin Amoco
503
South State Street
LUST Incident #901084
LUST FISCAL FILE
Dear Mr. Swearingin:
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 October
1,
1996 to February 28,
1997.
The amount requested
was $17,201.10.
The deductible amount for this claim is $10,000.00, which was previously deducted from the
Invoice Voucher dated December 18,
1990.
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 May 6,
1997, the Agency received yur
complete request for payment for this
claim.
As
a
result ofthe Agency’s review ofthis claim, a vol4cherfor $12,457.85 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.
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 fmal 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.I8b(g) and Section 40 ofthe Act, by filing a petition for a
hearing within 35
days after the date of issuance ofthe final decision.
However, the 35-day
period maybe extended for a period of time not to exceed 90 days by written notice from the
ROCKFORD
—4302
North
Main
Street, Rockford,
IL 61103 —(815) 987-7760
•
DES
PLAINES
—
9511
W. Harrison
St.,
Des Plaines,
IL 60016 —(847) 294-4000
ELGIN
—595 South State,
Elgin,
IL 60123 —‘(847)
608-3131
•
PEORIA
—
5415 N.
University St.,
Peoria,
IL 61614
—
(309) 693-5463
BUREAU
OF
LAND
-
PEORIA
—
7620 N. University St.,
Peoria, IL 61614— (309) 693-5462
•
CHAMPAIGN
—2125 South
First Street, Champaign,
IL 61820— (217) 278-5800
SPRINGFIELD
—4500
S. Sixth Street
Rd., Springfield,
IL 62706 —(217) 786-6892
•
COLLINSVILLE
—2009 Malt Street, Collinsvilte,
IL 62234 —(618)
346-5120
MARION
—
2309
W. Main St.,
Suite
116, Marion, IL 62959
—(618)
993-7200
PRINTED ON
RECYCLED
PAPER
PCB 03—156,
ExhibitA
Page 2
owner or operator and the Illinois
EPA within the initial 35-day appeal period.
Ifthe owner or
operator wishes to receive a 90-day extension, a writtenrequest 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.
Forinformation regarding the filing ofan appeal, please contact:
Dorothy Gunn, Clerk
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
North Grand Avenue East
Springfield, illinois 62794-9276
217/782-5544
.
Ifyou
have any questions,
please contact Kevin Mably of my staff, or Karl Kaiser of Cliff
Wheeler’s staff, at 217/782-6762.
Sin
ly,
Do~fasE.
Oakley, Manager
LUST Claims Unit
Planning & Reporting Section
Bureau ofLand
DEO:KLM:ct\033292.doc
Attachment
cc:
CW3M
Attachment A
Technical Deductions
Re:
LPC #0830255015
-
Jersey County
Jerseyville/Swearingin Amoco
503
South State Street
LUST IncidentNo. 901084
LUST FILE
Item #
Description ofDeductions
1.
$3,300.00, deduction in groundwatertreatment system lease costs that the owner/operator
failed to
demonstrate were reasonable (Section 22.1
8b(d)(4)(e)
ofthe Environmental
Protection Act).
‘
,..
2.
$1,182.50, deduction in groundwater treatment system operation and maintenance
personnel costs that the owner/operator failed to demonstrate were reasonable (Section
22.18b(d)(4)(C) of theEnvironmental Protection Act).
3.
$260.75, deduction in groundwater treatment system operation and maintenance mileage
costs that the owner/operator failed to demonstrate were reasonable (Section
22.1 8b(d)(4)(C) ofthe.Environmental Protection Act).
KLM:ct\033293.doc
ILLINOIS POLLUTION CONTROL BOARD
April
3., 2003
SWEARINGIN AMOCO,
)
)
Petitioner,
)
)
v.
.
)
PCB 03-156
)
(LJST Appeal)
ILLINOIS ENVIRONMENTAL
)
(90-Day Extension)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD (by T.E. Johnson):
On March 20, 2003, the parties timely filed ajoint notice to extend the 35-day period
within which Swearingin Amoco may appeal a February
10, 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, petition is within the time for
filing, the petition was timely filed.
35 Ill. Adm. Code
101.300(b)(2),
105.404.
At issue is the
Agency’s partial denial ofreimbursement ofcorrective action costs regarding Swearingin
Amoco’s leaking underground petroleum storage tank facility located at 503
South State
Street,
Jerseyville, Jersey County, Illinois.
The Board extends the appeal period until June 16, 2003, the
first business day following the date requested by the parties.
See
415 ILCS 5/40(a)(l) (2002);
35
Ill. Adm.
Code 105.208(a),
If Swearingin Amoco fails to file an
appeal on orbefore that date,
the Board will dismiss this
case and close the docket.
IT
IS
SO ORDERED.
I,
DorothyM. Gunn, Clerk ofthe Illinois Pollution Control Board, certify that the Board
adopted the above order on April 3, 2003, by a vote of 7-0.
~.,
Dorothy M.
Gunn, Clerk
Illinois Pollution Control Board
PCB 03—156,
Exhibit B
RECEIVEI~
CLERK’S
OFFICE
BEFORE THE POLLUTION CONTROL BOARD
JUN
1.
~
2003
OF THE STATE OF ILLINOIS
STATE OF IWNOIS
Pollution
Control
Boon-i
SWEARINGIN AMOCO
)
)
Petitioner
)
)
v.
)
PCBO3-156
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent
)
APPEARANCE
NOW
COMES
the
undersigned,
Carolyn
S.
Hesse,
and
enters
an
appearance for
the
Petitioner, SWEARINGIN AMOCO, in the above captioned matter.
Dated:
June 16, 2003
Swearingin Services, Inc.,
d/b/a Swearingin Amoco
By:~
~
One of
Its A
orneys
Carolyn
S
Hesse
Barnes & Thomburg
10
5. LaSalle Street
Suite 2600
~
Chicago, Illinois
60603
(312) 214-8301
This
filing submitted
on recycled paper
as defined
in 35
Ill.
Mm.
Code 101.2021
CERTIFICATE OF SERVICE
I, on oath state that I have served the attached PETITION FOR REVIEW OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY DECISIONS
and APPEARANCE for 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
16th day ofJune, 2003.
Dorothy Gunn
Clerk of the Board
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
via Hand Delivery this
16th day ofJune, 2003.
(~)k~o~
Carolyn S.
sse
ITliis filing submitted
on
recycled paper as defined in 35
III. Adm. Code 101.2021