R~C~JVED
CLERK’S
OFFICE
JUL
2
2003
BEFORE THE
ILLINOIS POLLUTION CONTROL
BOARD
STATE
OF
ILLINOIS
POllution ControlBoard
Sd
ILLINOIS SERVICES,
INC.,
)
Petitioner,
)
PCB-___
V•
(UST Review)
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
)
Respondent.
)
NOTICE OF FILING
To:
Respondent
PLEASE TAKE NOTICE that on July 2, 2003, we filed with the
Clerk of the
Illinois
Pollution Control Board,
100 West Randolph Street,
James R.
Thompson Center Suite
11-500, Chicago,
Illinois, 60601 -321 8,
an original and nine (9) copies of
PETITION
FOR REVIEW AND HEARING TO
CONTEST THE UST
REIMBURSEMENT
DECISION OF THE
ILLINOIS EPA;
a copy of said Petition is attached hereto and
hereby served upon you.
Counsel’s
APPEARANCE
is also served upon you.
SCI ILLINOIS SERVICES, INC.
By_______
One of Its Attorneys
Andrew H. Perellis
Lorena
S.
Neal
SEYFARTHSHAW
55 East Monroe Street
Suite 4200
Chicago,
Illinois 60603
(312) 346-8000
THIS FILING IS MADEON RECYCLED PAPER
CHI
10544051.1
-2-
AFFIDAVIT OF SERVICE
The undersigned,
an attorney, states that he caused a copy of the attached:
(I)
PETITION FORREVIEWAND HEARINGTOCONTESTTHE UST
REIMBURSEMENTDECISION OFTHE ILLINOIS
EPA,
(ii) APPEARANCE, and
(iii)
NOTICEOF FILING,
to be served
upon the following by Certified Mail, Return Receipt Requested,
from 55
East
Monroe
St., Chicago,
Illinois
60603,
this 2~5day
of July, 2003:
Division of Legal counsel
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O.
Box 19276
Springfield,
Illinois 62794-9276
Andrew H~PereIIis\
SUBSCRIBED TO AND SWORN BEFORE ME
THIS~A~
DAY OF July, 2003
N~JARY
PUBLIC
OFFICIAL
SEAL
JANET
M. POL.ACEK
NOTARY PUBLIC, STATE OF
ILLINOIS
MY COMMISSION
EXPIRES 3-27-2004
Cli
10544051.1
RECEIVED
BEFORE
THE
CLERK’S
OFFICE
ILLINOIS
POLLUTION CONTROL BOARD
JUL
2
2003
SCI
ILLINOIS SERVICES, INC.,
)
STATEOFIWNOIS
)
Pollution Control Board
Petitioner,
PCB-C’4~
v.
(UST Review)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
)
APPEARANCE
Andrew H.
Perellis and Lorena S.
Neal of the law firm,
SEYFARTH SHAW,
hereby
enter their appearance as counsel for Petitioner, SCI
Illinois
Services, Inc.
Andrew H.
Perellis is designated as the lead attorney for purposes of mail and phone contact
pertaining to this proceeding.
SCI ILLINOIS SERVICES, INC.
By______
By
C
One of Its Attorneys
One of It~
Attorneys
Andrew H. Perellis
Lorena
S.
Neal
SEYFARTH SHAW
55 East Monroe Street
Suite 4200
Chicago,
Illinois 60603
(312) 346-8000
CH1
10544051.1
CLERK~
~
JUL
~
STATE OF IWNO~
BEFORE THE
pouution
Control
Board
ILLINOIS POLLUTION CONTROL BOARD
SCI ILLINOIS SERVICES, INC.,
)
)
Petitioner,
PCB-____
v.
(UST Review)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR REVIEW AND HEARING
TO CONTEST THE
UST REIMBURSEMENT DECISION OF THE ILLINOIS EPA
Petitioner,
SCI Illinois
Services,
Inc., by its attorneys,
SEYFARTH SHAW,
pursuant to
Sections 57.7(c)(4)(D) and 40 of the Illinois Environmental Protection Act (“Act”), 415
ILCS
§~
5/57.7 and 5/40, hereby seeks review of the
June
11, 2003 decision of the
Agency to deny reimbursement in the amount of $29,611.60, and in support thereof,
states as follows:
1..
Petitioner removed certain underground storage tanks pursuant to the
requirements of 35
III. Admin. Code
Part 732, and thereafter submitted to the Agency for
its
review and approval a Site Classification Completion Report in which the Site was
classified as “No Further Action.”
2.
The Agency, by
letter
dated May 27,
2003,
rejected the Site Classification
Completion Report and an appeal of this decision is pending before the Board in
PCB
04-01.
3.
The Agency, by letter dated June
11,
2003, denied reimbursement to
Petitioner in the amount of $29,611.60
with respect to the UST removal.
A copy of this
CH1
10544051.1
-2-
denial letter is attached hereto as Exhibit A.
The stated basis for the denial is that an
approved site classification report had not been submitted.
The denial letter further
states that once
an approved site classification report has been submitted, this claim will
be processed.
Petitioner believes the Site Classification Completion Report
it submitted
(which is now the subject of appeal
in
PCB 04-01) should have been approved by the
Agency, and that, accordingly, the denial of the reimbursement claim was improper.
REQUESTED RELIEF
WHEREFORE,
SCI
Illinois Services,
Inc.
respectfully requests that the
Board:
a.
grant a hearing to review the decision of the Agency;
b.
determine that the Agency erred in rejecting the Petitioner’s claim for
reimbursement inthe amount of $29,611.60;
c.
order the Agency topay the claim for reimbursement;
d.
grant Petitioner the
costs of litigation, including attorney fees; and
e.
grant such other relief as this
Board deems appropriate.
Respectfully submitted,
SCI ILLINOIS SERVICES,
INC.
6yQ(~/q
One of Its Attorn~ys
Andrew H. Perellis
S
Lorena S.
Neal
SEYFARTH
SHAw
55
E. Monroe
St.,
Suite 4200
Chicago,
Illinois 60603
(312) 346-8000
CH1
10544051.1
JUN-25—2003 WED 02:12
P11
UNITED ENVJRONHENThL
Fl~X
NO.
8473598755
5O
S
iLLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH
GRAND
AVENUE
EAST,
P.O.
Box
19276,
SPRu’lcntiO,
kut~ois
62794-9276
JA)4E5
~.
THOMPSON CgNrER,
100
WEsT
RANDOLPH,
Suni
11-300,
CHICAGO,
IL60601
ROD R.
BLAGOJEVICI-I,
GoVe~NoR
RENEE CIPRIANO,
DIRECrOR
217/782-6762
JUN11 2Q~3
.
S
Memory Gardens Cemetery
Attention:
Ron Graeif
2501 East Euclid
ArlingtonHeights,
IL
60004
Re:
LPC#0314035310~-CookCounty
Arlington Heights/Memory Gardens Cemetery7 Inc.
S
2501 East
Euclid
LUST Incident No
990286
LOST FISCAL FILE
Dear Mr. Graeff:
S
The Illinois Environmental Protection Agency has completed the review ofyour application for
payment from the Underground Storage Tank Fund for theabóve-refereiiced LUST incident
pursuant to Section
57.8(a)
ofthe Illinois Environmental Protection Act (Act), and
35
Ui.
Adin.
Code 732, Subpart F.
This information is datedFebruary 12,2003 and was received by the
Agency on March 26~
2003.
Theapplication forpayment covers the period from August
1, 2003
to February
14, 2003.
The amount requested is $29,611.60.
The deductible amount for this claim is $10,000.00. which was previously deducted from the
billing submittal received by theAgency on August 14, 2002 for$26,485.07.
There are costs
from this claim that are not being paid.
Listed in Attachment A are the costs that are not being
paid and the reasons these costs are not being paid.
On May 27, 2003, the Agency received your complete application forpayment for this claim.
As a result ofthe Agency’s review ofthis application for payment, a voucher cannot be prepared
for submission
to the Comptroller’s office fdr payment.
Subsequent applications for payment
that have been/are submitted
will be processed based upon the date complete subsequent
application for payment requests are received by the Agency.
This constitutes the Agency’s final
action with regard to the above application(s) for payment.
An underground storage tank owner
or
operator may appeal this final decision to the Illinois
Pollution Control Board (Board) pursuant to Section 57.8(i)
and Section 40 ofthe Act by filing a
petition for a hearing
within
35 days after the date ofissuance ofthe final decision,
However,
th~
35-day period may be extended for a period oftime not to exceed 90 days by written notice
from the owner oroperator and the Illinois EPAwithin the initial 35-day appeal period.
If the
RC,cKFogo
—
4302
North
Main
Strr,et,
Rodciord.
IL 61103 —1815)987-7760
-
DtS
Ik~,r~S
—9511
W. HarrisanSL Des Plainea, 1L 60016— i847~
294-4000
ELCIN
—
5~5
South Slate. EI~in,
IL
60123
—(847)608-3131
•
PEORIA
-.
54L’i N.
University
St..
Peari&
IL 51614
—(309)
693-5463
BURMU ()~
LAND
-
PEOEIt
—
7620 N.
University St..
Peoria.
IL 61614
—
1309t 693-3462
•
C~AMt’4~N
—
2125
South First Street, Champaign,
IL
61820— (217) 278-5800
Sr*w.icFIu.o
.~.
4500 S.
Si,4h
Street P~d,.
SprinRiield,
11.
62706
—
~21
7t
p86-6892
•
C,OLUNRVILLE
—
200~
MaO
Street.
CollinavUle, II 82234 —(6181 346-51 20
MACION
—
2309W. Main 5t.,
Suite 116, Marion, II 62959.- (618)
~93-720Q
PRINTED
~
RE(yct~f)
PA?ER
JUN—2b—2U1J3 WED 02:13
Ff1
UNITED ENVIRONNENThL
FAX
NO.
8473598755
P.
03
Paje2
applicantwisles to receive a 90-day extension, a writtenrequest that includes a statement ofthe
date the final decisionwas received, along with a copy ofthis decision, must be sent to the
Illinois EPA as soon as possible.
For information regardingthe filing ofan appeal, please contact
Dorothy Gunn, Clerk
ILlinois Pollution Conirol Board
State ofillinois Center
100
WestRandolph, Suite 11-500
Chicago, Illinois 60601
312/814-3620
For information regarding the filing ofan extension, please contact:.
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North GrandAvenue East
Springfield, Illinois 62794-9276
217/782-5544
Ifyou have any questions or require further assistance, pisase contact
Doug Tolan of my
staff at217/782-6762.
Sincerely,
xOaa1eL~
I
Douglas E. Oakley, Manager
LUST Claims Unit
Planning & Reporting Section
Bureau ofLand
DEO:DT:jk\032052.doc
Attachment
Cc;
United Environmental Consultants,
Inc.
J15~~’JO3I4D
02:13
PM
UNITED
ENVIRONMENTAL~
FAX
NO.
8473598755
P.
04
AUachmentA
Accounting Deductions
Re:
LPC#0314035310-- Cook County
ArlingtonHeights/MemoryGardens Cemetery, Inc.
2501 East
~ucIid
LUSTIncidentNo. 990286
LUST
Fiscal
File
Citations in
this attachmentare from and the Environmental
Protection Act (Act)
and 35 Illinois
Administrative Code
(35
Ill. Adin.. Code).
Item ~
Description ofDeductions
1.
$29,611.60, deduction for costs lacking supporting documentation. Anapproved site
classification completion report
has not beerisubinittbd. (Section
5
7.5(a) of
the Act,
35
ill. Adm.
Code 732.505(c) and 732.6O6(gg))
a)
The Site Classification Completion
Report (SCCR) submitted was denied
May27, 2003.
No approved SCCRhas
been
submitted to date.
b)
.
Once anapprovedSCCR
has
been
submitted
this claim
will be re-reviewed
and the processing contpletecL
Upon
receivinganAgency SCCRapproval
letter, please notify Doug
Tolan at 217/524-1281.
DEO:DT:jk\032052.doc