)
PCBO3-194
(UST Appeal)
)
)
)
NOTICE OF FILING
John Kim
~
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
Carolyn
S. Hesse
Barnes
& Thornburg
One North Wacker Drive
Suite 44Q0
Chicago, Illinois 60606
(312) 357-1313
I74687v1
CLERK’S
OFFICE
JUL.
1
1
2003
STATE
OFIWNOIS
Pollution
Control Board
Dorothy Gunn
Clerk ofthe Board
Illinois
Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, Illinois
60601
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
)
)
)
)
OWENS OIL COMPANY,
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTIONAGENCY,
Respondent.
TO:
)
)
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.
Respectfully submitted,
Owens Oil Company
By:
~
One ofIts A~t~rneys
This
filing
submitted on recycled paper as defined in
35
III.
Adm. Code
101.2021
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
from
One North Wacker Drive,
Suite
4400,
this
1
1th
Day of July, 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
This
filing submitted on recycled paper
as defined in 35
III.
Adm. Code
101.2021
Chicago,
Illinois,
before the hour of 5:00 p.m.,
on
Carolyn S. ~sse
2
RECEIVED
BEFORE THE POLLUTION CONTROL
BOARD
CLERK’S
OFFICE
OF THE STATE OF ILLINOIS
JUL
1-1
20U3
OWENS OIL COMPANY,
)
STATE
OF
1LLl1~4OIS
Pollution
Control Board
Petitioner,
)
)
v.
)
PCBO3-194
)
(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 Att&neys
Carolyn S. Hesse, Esq.
Barnes & Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(3.12) 357-1313
I 74680v1
This
filing
submitted
on recycled paper as defined in 35 Ill. Adm.
Code
101.2021
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
Cw~s
OWENS OIL COMPANY,
)
.
i ~t~OO~
)
JUL
Petitioner,
.
~
U~U1lOard
hutton
Control Bc
v.
)
PCBO3-194
P0
)
(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 (USTs) on the property,
which stored gasoline.
2.
LUST
Incident
Number
892547
was
obtained
following
a
site
investigation.
3.
On
April
2,
2002,
the
Agency
received
Owens’
complete
request
for
reimbursement of costs
from the Illinois
Underground Storage Tank Fund
(the “Request”) for the period from March
1,
1997 to
December 31,
1997
in the amount of$28,714.67.
This
filing submitted
on recycled
paper as
defined
in
35 Dl. Adm.
Code
101.202
4.
The Agency denied certain costs in
the Request in a letterdated 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 of the 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 of which 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 Ill. 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 of Its Atto
eys
Carolyn S. Hesse, Esq.
Barnes & Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)357-1313
.
174580v2
This
filing submitted on recycled paper as defined in35
III. Adm. Code 101.202
3
1LL1t~
S
ENVIRONMENTAL
PROTEC~
N
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.
BLACOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/782-6762
MAR
0
7
2O~3
Owens Oil
Company
c/o John T.
Owens
Revocable Living
Trust dated August
10,
1990
Route I. Box
184
Carroihon,
IL.
62016
Re:
LIPC #0610155002--Greene
County
Greenfield/Owens Oil
Company
401
North Main
LUST Incident #892547
LUST FISCAL FILE
Dear Sir/Madam:
The Agency has completed the review of the request far reimbursement of corrective action costs
from the Illinois
Underground Storage Tank Fund for the above-referenced facility.
The invoices
reviewed covered the period from March
1,
1997 to
December 31,
1997.
The amount requested
was $28,714.67.
The deductible amount
for this claim is
$10,000.00. which was previously deducted from the
invoice Voucher dated March 20.
1995.
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
April 2, 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 $25,695.85
will he
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
been/are, submitted will
be processed
based
upon 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 fiJing
a
petition br
a
hearing within 35
days after the date of issuance of 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
ROCxFORD
—
4302
North
Main Street,
Rockford,
IL
61103
—
1815) 987-7760
•
Dts
PLAINES
—9511 W. Harrison
SI.,
Des Plaines,
IL
60016— (847) 294-4000
ELGIN
—595
South State, Elgin,
IL
60123
—
(847) 608.3131
•
PE0RI,, —5415
N. University
St.,
Peoria,
IL M 614
—
(309) 693-5463.
BUREAU
OF LAND.
PEORIA
7620
N. University
St.,
Peoria,
tL-61
614
—(309)
693-3462
•
CHAMPAIGN
—2125 South First
Street.
ChampaiRn, IL 61820—1217) 278-5800
SPRINGFIELD
—.4500S. Sixth
Street
Rd.,
Springfield,
IL 62706 —(217)
786-6892
•
COLLINSVILLE
—2009
Ma))
Street, Co)hnsville,
IL
622:34
—(6181 346-5120
MARION
—
2309 W.
Main
St.,
Suite 116, Marion,
IL 62939
—
(618) 993-7200
EXHIBIT
PRINTEI.)
()N Rtc:ycLto
t’AI’EE
~
Page 2
~
~
—,
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 cQpy of this decision, must be sentto the
Illinois
EPA as soon 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:
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 Susan Brock of my staff or Jay Caydosh of the
technical
staff at
217/782-6762.
Sin
ly.
DongYas E.
Oakley, Manager
LUST Claims Unit
Planning & Reporting Section
Bureau of Land
DEO:SB:jk\03301 19.doc
Attachrnent
cc:
CW3M
Company
AttachmentA
i~
Technical Deductions’
MAR
~
g
~
Re:
LPC#0610l55002--GreneCounty
.
-
GreenfieldiOwensOil Company
401 Main St.
LUST IncidentNo. 892547
LUST FISCAL FILE
.
.
Item #
Description ofDeductions
..
1.
$3,016.50, deduction in costs thatthe ovmer/operator failed to demons~atewere
reasonable (Section 22.1Sb(d)(4)(C) ofthe Environmental Protection Act).
.JFG\892547-l LOUAttachmentA
Attachment A
Accounting Deductions
Re:
LPC#0610l55002--Greene County
Greenfield/Owens Oil
Company
401
North Main
LUST Incident #892547
LUST FISCAL FILE
Item #
Description of Deductions
1.
$2.32, deduction in costs that the owner/operator failed to
demonstrate were
reasonable (Section 22.l8b(d)(4)(C) of the Environmental
Protection Act).
CIPS
March 26,
1 997 statement.
Late charge ($2.07)
is not reimbursable.
Deducted
-
$0.25
for handling charge..
$2.32
Total Accounting Deductions
DEO:SB:jk\03301 19.doc
ILLINOIS POLLUTION
CONTROL
BOARD
May
1, 2003
OWENS OIL COMPANY (March
1,
1997 to
)
~December31,1997),
)
)
Petitioner,
)
)
v.
)
PCBO3-194
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
(90-Day Extension)
PROTECTION AGENCY,
.
)
)
Respondent..
.
.
)
ORDER
OF THE
BOARD (by
T.E.
Johnson):
On April
18,
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 ofthe joint 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
the payment of corrective action costs, 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
5/40(a)(l)
(2002);
35
Ill. Adm.
Code 105.406.
IfOwens Oil Company fails to file an
appeal on or before 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 May
1, 2003, by a vote of7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board