1. BEFORE THE POLLUTION CONTROL BOARD
      2. OF THE STATE OF ILLINOIS
      3. CERTIFICATE OF SERVICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE
OF ILLINOIS
SWEARINGIN AMOCO
)
Petitioner
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
RECEIVEID
CLERK’S
OFFICE
JUN
1
62003
STATE OF
ILLiNOIS
pollution
Control
Board
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
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 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
& Thornburg
2600 Chase Plaza,
10 South LaSalle Street
Chicago, Illinois 60603
312-214-8301
Respectfully submitted,
By:
Carolyn S. He’~se
v.
)
)
)
)
PCB 03
-
158
(UST Appeal)
IThis
filing submitted
on recycled
paper as
defined in 35III. Adm.
Code
101.202
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
RECEIVED
CLERK’S
OFFr~
SWEARINGIN AMOCO,
)
JUN
1
62003
STATE OF ILLINOIS
Petitioner
)
POllution
Control Board
)
v.
)
PCBO3-158
)
(LJST 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 located 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 June 17, 2002, the Agency received Swearingin’s request for reimbursement
ofcosts
from the Illinois Underground Storage Tank Fund (the “Request”) for the
This
filing submitted on recycled
paper
as
defined
in 35 Ill. Adm.
Code iOL2024
periods from
October 1,
1997
to October 31,
1998 and from March 1,1995 to May
31,
1997, in the amount of$90,317.86.
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 ajoint 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.
IThis filing submitted on recycled paper as defined in 35III. Adm.
Code iOi.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,
SWEAR1NG1N SERVICES, INC.,
dlb/a SWEAPJNGIN AMOCO
By:__________
One of Its A~tbrneys
Carolyn S. Hesse, Esq.
Barnes &
Thornburg
2600 Chase Plaza
10 South LaSalle Street
Chicago, Illinois
60603
312-214-8301
171299v1
This
filing submitted on recycled paper as defined in 35 Ill. Adm.
Code
101.202
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND AVENUE
EAST,
P.O.
Box 19276,
SPRINGFIELD,
ILUNOIS
62794-9276
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH,
SUITE
11 -3~0~
CHICAGO,
IL
60601
ROD R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/782-6762
CERTIF~D
MAIL
7oo9~O~~(
f5~7~/’)
FEB
10
2003.
Swearingin
Services,
Inc.
Attention:
Ronald Swearingin
Post Office Box 571
Carlinville, IL
62626
Re:
LPC #083 0255015
--
Jersey County
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 following periods
and amounts requested:
October 1,
1997 to
October 31,
1998
$46,467.99
March
1,
1995 to May31,
1997
$43,849.87
Total AmountRequested
$90,317.86
The deductible
amount
for this claim is $10,000.00, whichwas previously deductedfromthe
Invoice Voucher
dated December 18,
1990. Listed in AttachmentA are the costswhich arenot
being reimbursed from this
request
and
thereasons these costs are not being reimbursed.
On June 17, 2002, the Agency received your complete request for payment for this claim.
As a
result ofthe Agency’s review ofthis
claim, a voucher for $88,144.19 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 of this claim.
Subsequent claims
that have beenlare submitted will be processed based upon the date complete subsequent billings
requests are receiv~ed
by the Agency.
This constitutes the Agency’s final 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 22.1 8b(g) and Section 40 ofthe Act by fling a petition for a
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
—45005.
Sixth Street Rd., Springfield,
IL
62706 —(217) 786-6892
•
COLLINSVILLE
—2009 MalI
Street,
Collinsville,
IL 62234 —(618)
346-5120
MARION
—
2309 W. Main St., Suite 116,
Marion, IL 62959— (618) 993-7200
PRINTED
ON
RECYCLED
PAPER
PCB
03—158,
Exhibit
A
Page 2
hearing within 35
days after the date ofissuance ofthe final decision. However, the 35-day
periodmaybe extended fora period oftimenot to exceed 90 daysby
written
notice from the
owner or operator
and
the IllinoisEPAwithin the initial 35-day appeal period. Ifthe owner or
operatorwishes to
receive a 90-day extension, a written
request that includes a statementof the
date the final decision was received, along with a copy of this
decision, must be
sent to the
illinois EPA as soon as possible.
For information 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 ofan extension, please contact:
Illinois Environmental Protection Agency
Division ofLegal
Counsel
1021 North Grand Avenue East
Springfield, illinois 62794-9276
217/782-5544
If you have
any questions, please contact
Kevin Mably ofmy
staff
or Karl Kaiser of Cliff
Wheeler’s staff at 217/782-6762.
E.
Oakley, Manager
LUST Claims Unit
Planning & Reporting Section
Bureau of Land
DEO:KLM:jk\033282.doc
Attachment
cc:
CW3M Company
Attachment A
Accounting ~eductions
Re:
LPC #0830255015
--
Jersey County
Jerseyville/SwearinginAmoco
503 South State Street
LUST Incident #9010S4
LUSTFISCALFILE
Item#
Description ofDeductions
$430.15,
deduction in costs that the owner/operator failed to demonstrate were
reasonable
(Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).
CW3M Conipany-Invoice dated March
1997
$19.00
Persoimel
dated April
1997
$20.00
Personnel
dated May 1997
$17.00
Personnel
dated January 1998
$34.00
Personnel
dated January 1998
$65.15
Out ofbilling period-CIPS
dated February
1998
$25.00
Personnel
datedMarch
1998
$32.50
Personnel
dated April
1998
$27.00
Personnel
dated May
1998
$24.50
Personnel
dated June
1998
$33~50
Personnel
dated July1998
$72.00
Personnel
dated August
1998
$21.50
Personnel
dated September
1998
$39.00
Personnel
$430.15 Total Accounting Deductions
DEO:MLM:jk\03 3282.doc
Attachnient A
Technical Deductions
Re:
LPC #0830255015
—
Jersey County
Jerseyville/Swearingin Amoco
503
South State S~reet
LUST Incident #90 1084
LUSTFISCAL FILE
Item #
Description of Deductions
1.
$206.02,
deduction in groundwater treatment system
operation and
maintenance costs
that the owner/operator
failed to dethonstrate were reasonable (Section
22.1 8b(d)(4)(C) of the Environmental Protection
Act).
DEO:KLM:jk\033282.doc
Attachment A
Tecimical Deductions
Re:
LPC #0830255015
--
Jersey County
Jerseyville/Swearingin Amoco
503
South State S&eet
LUST Incident #901084
LUST FISCAL FILE
Item #
Description ofDeductions
1.
$1,317.00,
deduction in groundwater treatment system operation and maintenance
personnel costs that the owner/operator failed to
demonstrate were reasonable ‘(Section
22.1 Sb(d)(4)(C) of the Environmental Protection Act).
2.
$220.50, deduction in groundwater treatment sy~teni
operation and maintenance
mileage costs that the owner/Operator failed to
demonstrate were reasonable
(Section
2.1 8b(d)(4)(C) ofthe Environmental Protection Act).
DEO
:KLM :jk\03
3282.doc
SWEARINGIN AMOCO,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Responden~t.
ILLINOIS POLLUTION CONTROL BOARD
April 3, 2003
)
)
)
)
)
PCB 03-158
)
(USTAppeal)
(90-Day Extension)
)
)
)
)
ORDER
OF
THE BOARD
(by T.E. Johnson):
On March 20, 2003, the parties timely filed a joint notice to extend the 35-day period
within which Swearingin Amoco may appeal a February 10, 2003 determination ofthe Illinois
Environmental Protection Agency (Agency).,
See
415
ILCS
5/40(a)(l)
(2002); 35
Ill. 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
111. Adm. Code
lOl.300(b)(2),
105.404.
At issue
is an
Agency 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.
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)(1) (2002); 35 Iii.
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, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on April 3, 2003, by a vote of 7-0.
Dorothy M.
Gunri, Clerk
Illinois Pollution Control Board
PCB 03—158,
Exhibit B
CLERK’S 0~F1~E
JUN
162003
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
p
STATE
OF
ILLiNOIS
0//Ut
Iofl
ControlBoard
SWEARINGIN AMOCO,
.
)
)
Petitioner
)
)
v.
)
PCBO3-158
)
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:C~~
~‘
~
One of
Its
ttorneys
Carolyn S. Hesse
Barnes & Thornburg
10
5.
LaSalle Street
Suite 2600
Chicago, Illinois
60603
(312) 214-8301
EThis filing submitted on recycled
paper as defined
in 35 Ill. Adm. 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 ofthe 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.
Carolyn S.
esse
IThis filing submitted on recycled paper as
defined in 35
III. Adm.
Code 101.2021

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