BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
•RECE~VE~D
CLERFc’S
OFFICE
JUN
302003
STATE OF ILLINOIS
Pollution
Control Board
ESTATE OF OLIVIA TYBERENDT, Deceased,
)
)
Petitioner,
)
)
vs.
)
PCBNo.~~7
)
ILLiNOIS ENVIRONMENTAL PROTECTION
)
LUST Reimbursement
AGENCY,
)
)
Respondent.
)
TO:
ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that
on
June 27,
2003,
a Petition
for Review of LUST Fund
Reimbursement Denial was filedwith the Clerkofthe Illinois PollutionControl Board, along
with the appropriate filing fee, a copy ofwhich is hereby served upon you.
James Richard
Myers
Attorney for Oliva Tyberendt Estate
LeFevre Oldfield Myers & Thoele Law Group, Ltd.
303
S. Seventh St., P.O.
Box 399
Vandalia,
IL 62471
Telephone:
(618)
283-3034
Fax:
(618) 283-3037
File #1683/0101
BY:
Richard
CLE~RR’SOFFICE
BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD
JUN
202003
STATE OF ILLINOIS
Pollution
Control Board
ESTATE OF OLIVIA TYBERENDT, Deceased,
)
)
Petitioner,
)
)
vs.
)
PCBNo.O~’~37
)
ILLINOIS ENVIRONMENTAL PROTECTION
)
LUST Reimbursement
AGENCY,
)
)
Respondent.
)
PETITION FOR
REVIEW
OF
LUST FUND
REIMBURSEMENT DENIAL
NOWCOMESthe
Petitioner, the EstateofOlivia Tyberendt, Deceased(the “Estate”), by and
through its attorney, James Richard Myers ofLeFevre OldfieldMyers & Thoele Law Group,
Ltd., andpursuant to theIllinois EnvironmentalProtection Act hereby appeals a decision of
theIllinoisEnvironmental Protection Agency(the “IBPA”) denyingreimbursementofcertain
costs from the IllinoisLeaking Underground StorageTankFund (the “Fund”), andin support
thereofstates as follows:
1.
On
May 27,
2003,
the
IEPA
sent
a letter to the Estate
stating that
certain costs
incurred by the Estate were not eligible for reimbursement from the Fund.
A copy of
said letter is attached hereto as Exhibit A.
2.
The IEPA’s determinationthat certain costs incurred by the Estate arenot eligible for
reimbursement from the Fund is erroneous.
WHEREFORE,
the Estate of Olivia
Tyberendt, Deceased,
respectfully
requests that the
Pollution
Control Board accept this
matter
for hearing and reverse
the IEPA’s
decision
concerning reimbursement as set forth in Exhibit A.
Dated:
________________,
2003
James Richard
Myers
Attorney for Estate of Olivia Tyberendt, Deceased
LeFevre Oldfield Myers & Thoele Law Group, Ltd.
303
S. Seventh St., P.O. Box 399
Vandalia, IL 62471
Telephone:
(618) 283-3034
Fax:
(618) 283-3037
File #1683/0101
BY:
its
-2-
05/31/2003
11:53
7707615759
RON CDX
PAGE
02
iLLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
1021
NORTH CRANO
AVENUE
EAST,
P.O.
Box 19276,
SPRINGFIELD,
ILLINOIS
62794-9276
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH,
SUITE
11-300,
CI-ucAco,
IL
60601
RoD
R.
BLAGOJEvIcH, GOVERNOR
RENEE CIPR1ANO,
DIRECTOR
CERTIFIEDMAIL
‘7ca23
/cWccXN.Z4 337?
HAY
2
7
2003
Estate ofOliva Tyberendt
Attention:
Ronald
Cox
2745
Cambridge Hills Road
Cummings, GA
30130
Re:
LPC #0270305012
--
Clinton County
Carlyle/Marty’s
Stop
& Shop
15309
Boulder Road
LUST Incident #9 12967
LUST FISCAL FILE
Dear
Mr. Cox:
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 December 31, 2000 to October
12,
2002.
The
amount
requested was $31,824.99.
The deductible
amount
for this claim is $10,000.00.
On March 26,
1997, the Agency sent a letter
stating that the first request for reimbursement
has been reviewed and
the deductible
was being
deducted from that request.
Listed in Attachment A
are the costs which are
not being reimbursed
from this request and the reasons the costs are
not being reimbursed.
On January
14, 2003,
the Agency received your complete request for payment for this claim.
As
aresult ofthe Agency’s review ofthis claim, a voucher for $28,366.17
will be prepared for
submission to the Comptroller’s Office for payment as
funds
become availablebased upon the
date the Agency received your complete request for payment ofthis claim.
Subsequent claims
that have been/are submitted will be processed basedupon 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
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 of the Act by filing a petition for a
hearing within 35 days afterthe date of issuance 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
RocxFow
—4302
North
Main
Street,
Rockford,
IL 61103 —(6 15) 987-7760
•
DES
PLAINES
—
9511
W. Harrison St., Des Plaines,
1160016—
ELGIN
—595 South State,
Elgin, IL 60123 —(847)608-3131
•
PEoRIA
—5415 N. University St.,
PeorIa,
11 61614— (309) 69
BUREAU OF
LAND
-
PEORIA
—7620
N. University
St.,
Peoria, IL 61614
—(309)
693-5462
•
CH~r~wNcN
—2125 South
Ffrst
Street,
Champaign,
i
EXHIBIT
SPRINGFIELD
—4500 S.
Sixth Street Rd., Springfield,
IL 62706 —1217) 786-6092
•
COLlINsvILLc
—
2009 MalI Street
ColIinsviIIe, II 6223
~,
MARION
—
2309
W.
Main
St..
Suite
116, Marion1 IL
62959 —(618) 993-7200
PRINTRO
ON
REC’rCLto
~,sj’~g
___________________
217/782-6762
85/31/20@3
11:53
7707815759
RON COX
PAGE
03
Page 2
owner or operator and the Illinois EPA within the initial 35-day appeal period.
Ifthe owneror
operator wishes
to receive a 90-day extension, a
written request
thatincludes a statement ofthe
date the
final
decision was received, along with a copyofthis 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 of an extension, please contact:
Illinois Environmental Protection Agency
Division of
Legal Counsel
1021
North Grand
Avenue
East
Springfield, Illinois
62794-9276
217/782-5544
If you have any questions, please contact Bambi Redpath of my staff at 217/782-6762.
Sincerely,
Douglas E. Oakley, Manager
LUST
Claims
Unit
Planning & Reporting Section
Bureau
of
Land
DEO:BR:jk\032299.doc
Attachment
cc:
Terracon
85/31/2883
11:53
7787815759
RON COX
PAGE
@4
Attachment A
Accounting Deductions
Re:
LPC#0270305012--ClintonCounty
Cailyle/Marty’s
Stop & Shop
15309
Boulder Road
LUST Incident #9 12967
LUST
FISCAL
FILE
Item #
Description of Deductions
$3,458.82,
deduction in costs that the owner/operator failed to demonstrate were
reasonable (Section 22.l8b(d)(4)(C) ofthe Environmental Protection Act).
a.
To reduce the rate for mileage ($57.00)
b.
To reduce the rate for vehicle and tools ($15.00)
c.
Mileage
—
will either pay for mileage or vehicle;
not for both ofthem
($110.00)
d.
Supplies
—
cannot accept a lump sum
for costs.
Need a breakdown on items
and costs per item.
Also you cannot add handling charges to stock items,
You
would have to put it under fieldpurchases and submit a receipt for the items
($16.10)
e.
Personnel hours for meetings are
not eligible ($483.00)
f.
Personnel hours for reimbursement
arenot eligible
(S168,00)
g.
To reduce the rate for electric water tape
($29.50)
h.
To reduce the rate for drilling
services down to
1.5
days instead
of
15
days.
Per diem submitted for the 2 man
crew
was
for
1.5 days also the other
equipment on this invoice was for
1.5
days ($2,160.00
i.
Well
supplies
—
cannot accept a lump sum for costs.
Need a breakdown on
items and cost
per item.
Also you cannot add
handling charges to stock items.
You would have to
put it under field purchases and submit a receipt for the
items ($121.06)
j.
Expendable
supplies
—
cannot
accept a
lump
sum for
costs.
Need a breakdown
on items and cost per item.
Also you cannot add handling charges to stock
items.
You would have to put it under field purchases and submit a receipt for
the items ($72.48)
k.
To reduce the rate for mobilization ($100.00)
1.
Total that was on our personnel form for John l3rimeyer was added wrong
($117.00)
m.
Shipping to Mr. Ronald Cox ($9.68)
DEO:BR:jk\032299.doc
CERTIFICATE
OF SERVICE
The undersigned
certifies that a copy of the foregoing Notice along with all
documents
referenced therein was served upon the party ofrecord to the above cause by enclosing the
same in an envelope addressed to such attorney/party as shown on the attached list:
Ms. Dorothy
M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
James R. Thompson Center
100
West Randolph Street
Suite
1500
Chicago, Illinois 60601
Terracon
Attn: Mr. James Buckhahn
870
40th
Avenue
Bettendorf, IA 52722
Division ofLegal Counsel
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box 19276
Springfield, IL 62702
AgriPride
do
Mr. Kevin Stine
Suite
100
720
West Main Street
Belleville, IL 62220
by regular mail with postage
fully
prepaid and by
depositing said envelope in a U.S. Post
Office mailbox in Vandalia, Illinois,
on the
26th
day ofJune, 2003.
Under
penalties
as
provided
by
law
pursuant
to
Section
1-109
of the
Code
of Civil
Procedure, the undersigned certifies that the statements set forth in this instrument are true
and correct, except as to matters therein
stated to be on
information and belief,
and as to
such matters the undersigned certifies as aforesaid that she verily believes the same to be
true.
Mary Ott~7