1. NOTICE OF FILING
      2. BEFORE THE POLLUTION CONTROL BOARDOF THE STATE OF ILLINOIS
      3. Owens Oil Company
      4. CERTIFICATE OF SERVICE
      5. U.S. MAIL HAND DELIVERY
      6. Owens Oil Company
      7. PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTALPROTECTION AGENCY DECISIONS
      8. Owens Oil Company
OWENS OIL COMPANY,
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
PCBO3-192
)
(UST Appeal)
)
)
)
)
CLERR’S
OFpIC~
JUL
112003
STATE
OF ILLINOIS
Pollution
Controi Board
NOTICE
OF FILING
TO:
John Kim
Dorothy Gunn
Special Assistant Attorney General
Clerk ofthe Board
.
Illinois Environmental Protection Agency
Illinois Pollution Control Board
1021 North Grand Avenue East
James R. Thompson Center
P.O.Box
19276
Suite 11-500
Springfield, Illinois 62794-9276
100
West Randolph Street
Chicago, Illinois
60601
PLEASE TAKE NOTICE
that on the
Friday, July
11, 2003,
filed with the Clerk ofthe
Illinois
Pollution Control Board of the State of Illinois an original, executed copy of one
Petition
for Review of Illinois
Environmental Protection Agency Decisions
and
Appearance for Carolyn
S. Hesse.
Dated:
July
11, 2003.
Carolyn S. Hesse
Barnes
& Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
174661v1
By:
CA)~QL~-
•J~
~
One of Its Al?~orneys
BEFORE THE POLLUTION
CONTROL BOARD
OF THE STATE
OF ILLINOIS
v.
Respectfully
submitted,
Owens
Oil Company
This
filing submitted on recycled
paper as defined in 35 Ill.
Adm. Code
101.202
CERTIFICATE OF SERVICE
I,
on
oath state that I have served the attached one Petition for Review and Appearance
by placing a copy in an envelope addressed to:
U.S. MAIL
HAND DELIVERY
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
from
One North Wacker Drive,
Suite
4400,
Chicago, Illinois,
before the hour of 5:00
p.m.,
on
this
1
1th
Day of July, 2003.
Carolyn S. H
se
This
filing submitted on recycled paper as defined in
35 Iii. Adm. Code
101.202
2
RECEIVED
CLERK’S
OFFrCE
BEFORE THE POLLUTION CONTROL BOARD
JUL
11
2003
OF THE STATE OF ILLINOIS
STATE
OF ILLINOIS
Pollution
Control
Board
OWENS OIL COMPANY,
)
)
Petitioner,
)
)
v.
)
PCBO3-192
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
APPEARANCE
NOW
COMES
the
undersigned,
Carolyn
S.
Hesse,
and
enters an
appearance
for the
Petitioner, Owens Oil
Company, in the above captioned matter..
Dated:
July
11, 2003
Respectfully submitted,
Owens
Oil Company
By:
_________
One ofIts
AU
rneys
Carolyn S. Hesse, Esq.
Barnes & Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois
60606
(312) 357-1313
174680v1
This
filing submitted
on recycled paper as
defined in 35
III. Adm. Code
101.202
BEFORE THE POLLUTION CONTROL BOARD
~
p
AT
F ILLINOIS
CL~RK’~
~F1C~
OWENS OIL COMPANY,
)
JUL
1
1
2.003
Petitioner,
)
STATE OF
LLL1NO1S
Pollution
Control Board
v.
)
PCBO3-192
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY DECISIONS
Owens Oil Company, by its attorney,
Carolyn S.
Hesse of Barnes &
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.
Owens
Oil
Company
(“Owens”)
is
the owner of property
located at 401
North Main,
Greenfield,
Greene
County, Illinois.
The site was a gasoline
service station that had underground storage tanks
(UST5) on the property,
which stored gasoline.
2.
LUST
Incident
Number
892547
was
obtained
following
a
site
investigation.
3.
On
April
29,
2002,
the
Agency
received
Owens’
complete
request
for
reimbursement of costs from the Illinois Underground Storage Tank Fund
(the
“Request”)
for the period from
January
1,
1998
to June 30,
1998
in
the amount of
$26,200.59.
This
filing submitted
on recycled
paper as
defined
in 35
III. Adm. Code
101.202
4.
The Agency denied certain costs
in the Request in a letter dated March
7,
2003,
a copy ofwhich is attached hereto as Exhibit A.
5.
Owens is appealing this
March 7,
2003
denial
because the Agency denied
certain costs by claiming that the owner/operator failed to demonstrate that
the costs were reasonable.
6.
Owens
disagrees with
the Agency’s decision and
believes
that
the
costs
submitted for reimbursement are reasonable corrective action costs 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 ofthe Agency’s reasons or bases for denial
that could
aid
Petitioner
in
setting
forth
its
grounds
of
appeal.
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 April
16,
2003,
the
parties timely filed
a joint
notice
to
extend
the
appeal
deadline.
On May
1,
2003, the Board filed an order extending the
appeal
deadline until July
11,
2003,
a copy ofwhiCh
is
attached hereto as
Exhibit
B.
Pursuant
to
the
Board’s
May
1,
2003
order,
this
appeal
is
timely filed.
(This filing submitted
on
recycled
paper as
defined
in 35
III. Adm. Code 101.202
2
WHEREFORE,
Owens
Oil
Company 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,
Owens
Oil Company
By:
_____________
One ofIts Att
eys
Carolyn S. Hesse, Esq.
Barnes & Thomburg
One North Wacker Drive
Suite 4400
Chicago, Illinois
60606
(312)357-1313
174583v1
This
filing submitted
on
recycled paper
as
defined in 35
III. Adm. Code 101.202)
3
e
~‘
•—
ILLII~S ENVIRONMENTAL
PROTEC
‘N
AGENCY
1021
NORTH
GRAND AVENUE EAST,
P.O.
Box 19276,
SPRINGFIELD,
ILUNOIS
62794-9276
JAMES
R.
THOMPSON
CENTER,
1 00
WEST RANDOLPH,
SUITE
11
-300,
CHICAGO,
IL 60601
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANb,
DIRECTOR
217/782-6762
~
I
H
MAR
,87nn2
MAR
0.7
2~U3
Owens Oil
Company
do John T.
Owens Revocable Living
Trust dated August
10,
1990
Route
1. Box 184
Carroliton,
IL
62016
Re:
LPC#0610155002-- Greene County
Greenfleid/Owens Oil
Company
401
North Main
LUST Incident #892547
LUST FISCAL FILE
Dear Sir/Madam:
The Agency has completed the review of the 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 January
1.’ 1998 to June 30.
1998.
The amount requested was
526.200.59.
The deductible amount for this claim
is $10,000.00, which was pieviousiy deducted
from
the
Invoice Voucher dated March 20.
1995.
Listed
in Attachment A are tile
costs which
are not
being reimbursed from
this request and the reasons these costs. are
not being reimbursed.
On April
29, 2002.
the Agency
received
your complete request for payment for this
claim.
As
a
result of the Agency’s review ofthis claim, a voucher for $23,665.59
will beprepareci for
submission to
the Comptroller’s Office for
payment as
funds become
available based
upon the
date tile
Agency received your complete request for
payment of this claim.
Subsequent claims
that have
beenlare
submitted will
be processed based
upon
tile
date complete subsequent billings
requests
are received
by
tile Agency.
This
constitutes the Agency’s
final
action
with tegard
to
tile above invoices.
All underground
storage tank owner or operator
may
i~ppealthis
final
decision
to
the Illinois
Pollution
Control
Board (Board)
pursuant to
Section
22.
1
Sb(
g) and
Section 40
of’ the A~tby
filing
a
petition
lbr
a
hearing
within
35
days after.
the
date
of issuance
oi
the
final
decision.
However,
the
35—day
period
may
be
extended for a period
of
time
not
to
exceed
90
days
by written
notice
from
the
ROCK’FORD
-4302
North
Main Streel,
Rockiord,
IL
61103
—
18151
987-7760
D~s
PLAINES
-9511
W.
Harrison SI.,
Des
Plaines,
IL
60016—
1847) 294-4000
ELGIN
—
595
South Stale,
Elgin,
IL 60123
—
1847) 608-3131
•
PEORIA
—
5415
N. University St.,
Peoria,
IL
61614
—
13(19) 693-5463
BUREAU
OF
LAND
-
P5ORIA
—
7620
N. UniversilvSI.,
Peoria,
IL
61614— (309) 693-5462
•
CHAMPAIGN
—2125
Soulh
Firs)
Street,
Champaign,
IL 61820— (21,fl 27)1-5800
SPRINGFIELD
—4500
S. Sixth Slreet Rd., Springfield,
IL
62706 —(2171
786-6892
.
COLLINSVI,.Lr
—2009
MaIl Street,
Collintville,
IL
62234
—
16181 346-5120
MARION
—2309
W.
Main St., Suite
116,
Marion,
IL 62959—16181
993-7200
EXHIBIT
PRINTEU
UN
R1-CYCLFLI
PAPER
I
MAROS7003
Page2
——
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
IllinoisEPA as
SOO~
as possible.
For information regarding the filing of an 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:
lilinois 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 Susan Brock of my staff orJay Gaydosh of the.
technical
staff at
217/782-6762.
DEO:SB:jk\0330li7.doc
Attachment
D~g~’as
E.
Oakley. Manager
LUST Claims Unit
Planning
&
Reporting
Section
Bureau ofLand
cc:
CW3M Company
il
MAR
(~
~ 7nfl~
AttachmentA
Technical Deductions
~i~”:
e~Y7
—
Re:
LPC#0610155002-- Grene
County
Greenfield/Owens Oil
Company
401
Main
St.
‘
LUST IncidentNo. 892547
LUSTFISCAL FILE
‘
Item#
Description ofDeductions
1.
$2,535.00,
deduction in costs that
the
owner/operator failed to demonstrate were
reasonable (Section22.18b(d)(4)(C) ofthe Environmental Protection Act).
JFG\892547-2LCUAttachmentA
ILLINOIS POLLUTION CONTROL BOARD
May
1, 2003
OWENS OIL COMPANY,
)
)
Petitioner,
)
)
v.
)
PCBO3-192
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
(90-Day Extension)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD (by T.E. Johnson):
On April
16, 2003, the parties timely filed a joint notice to extend the 35-day period
within which Owens Oil
Company may appeal a March 7,
2003
determination of the Illinois
Environmental Protection Agency (Agency).
See
415 ILCS
5/40(a)(1)
(2002);
35 Ill. Adm.
Code
105.402,
105.406.
Because the postmark date ofthejoint request is within the time for filing, the
joint request was timely filed.
35
Ill. Adm.
Code
101.300(b)(2),
105.404.
The Agency approved
corrective action costs for reimbursement, with modifications, for Owens Oil Company’s leaking
underground petroleum storage tank facility located at 401 North Main, Greenfield, Greene
County.
The Board extends the appeal period until July
11, 2003, as the parties request.
See
415
ILCS
5140(a)(1)
(2002);
35 Ill. Adm. Code
105.406.
IfOwens Oil Company fails to file
an
appeal on orbefore that date, the Board will dismiss this case and close the docket.
ITIS SO ORDERED.
I, Dorothy M. Gunn, Clerk ofthe Illinois Pollution Control Board, éertify that the Board
adopted the above order on May
1, 2003, by a vote of 7-0.
A~
Dorothy M. Gunn,
Clerk
Illinois Pollution Control Board
EXHIBIT

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