BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Respondent.
CLERK’S
OFFICE
JUL
1.
4
2003
STATE OF ILLINOIS
Pollution
Control Board
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
the
Monday, July
14,
2003, filed with the
Clerk of
the
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
14,
2003.
Carolyn S. Hesse
Barnes
& Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)
357-1313
174687v1
OWENS OIL COMPANY,
)
)
Petitioner,
)
)
v.
)
PCBO3-197
)
(UST Appeal)
)
)
)
Respectfully submitted,
Owens Oil Company
By:•
~
One of Its Atth~rneys
This
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 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 ofthe 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
14th
Day ofJuly, 2003.
CHDSOI
CSH
174839v1
Carolyn S. H~se
This
filing submitted on recycled paper as defined
in 35
Ill. Adm.
Code 101.2021
BEFORE THE POLLUTION CONTROL BOARD
~~
~Vi~Jt)
OF THE STATE OF ILLINOIS
CLERK’S
OFFICE
OWENS OIL COMPANY,
)
JUL
1
4
2003
Petitioner,
)
STATE OF ILLINOIS
Pollution
Control
Board
v.
)
PCBO3-l97
)
(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
14, 2003
Respectfully submitted,
Owens
Oil Company
By:
~
One ofIts Ath~rneys
Carolyn S. Hesse, Esq.
Barnes & Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
1 74684v1
This
filing submitted
on recycled paper
as
defined in 35
III.
Adm. Code 1O1.202J
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
OWENS OIL COMPANY,
)
CLERK’S OFFICE
Petitioner,
)
JUL
1
4
2003
STATE OF ILLINOIS
v.
)
PCB
03
-
197
Pollution
Control Board
)
(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 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.
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 December
11, 2002,
the Agency received Owens’
complete request for
reimbursement of costs
from the Illinois Underground Storage Tank Fund
(the “Request”)
for the period from
June
1,
1998
to
May
31,
1999
in the
amount of $43,173.32.
IThis filing submitted
on
recycled paper
as
defined in 35
Ill. Adm.
Code 101.202
4.
The Agency denied certain costs in the Request in a letter dated March
11,
2003, a copy ofwhich is attached hereto as Exhibit A.
5.
Owens is appealing this March
11, 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
18,
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
15
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
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 of Its Attorl~eys
Carolyn S. Hesse, Esq.
Barnes & Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
174580v5
This
filing submitted
on recycled
paper as defined
in 35
III.
Adm. Code 101.202
3
ELLINOIS
ENVIRONMENThL
PROTECTION
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,
Ii
60(,01
ROD
R.
BLACOJEvICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOs~
—.
MAr~
122003
HAR11
2003
..-
•1
Owens Oil Company
c/o John .T. Owens
Revocable Living
Trust dated August
10,
1990
Route
1, Box
184
Carrollton,IL
62016
Re:
LPC#0610155002--GreeneCounty
Greenfield/Owens Oil
Company
401
NorthMain
LUST Incident #892547
LUST FISCAL FILE
Dear Sir/Madam:
The Agency has completed the review ofthe request for reimbursement of corrective action costs
from the Illinois Underground Storage Tank Fund for the above-referenced facility.
The
invoices
reviewed covered the period from June
1.
1 998
to May
3 1.
1999.
The amount requested was
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 December
11. 2002, the Agency received your complete request for payment for this
claim.
As a result ofthe Agency’s review ofthis claim, a voucher for $40,672.07 will
be prepared for
submission to
the Comptrollers Office for payment as funds become available
based upon the
date the AgencY received your complete request for payment of this claim.
Subsequent claims
Lhat 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 th~
Illinois Pollution Control
Board
(Board) pursuant to
Section 22.18h(g) and Section 40
ofthe Act
by filing a
petition thr
a
hearing within
35
days after the date of issuance ofthe
final decision.
However, the 35-day
period may he extended for a period of
time
not to
exceed
90 days by written notIcc from
the
—
4102
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~prin
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it
,~
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out
:11,
2)7/782-6762
M.~.
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 of the
date the final decision was received, along with
a copy ofthis decision, must be sent to the
Illinois EPA as soon as possible.
For information regarding the filing ofan
appeal, please contact:
Dorothy Gu.nn, 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 ofLegal Counsel
1021
North Grand Avenue East
Springfield, Illinois 62794-9276
217/782-5544
Ifyou have
any questions, please contact Susan Brock of my staff or Jay
Gaydosh of the
technical staff at217/782-6762.
DEO:SB:jk\032963.doc
Attachment
D~(asE. Oakley,Manager
LUST Claims Unit
Planning
&
Reporting Section
Bureau at’ Land
cc:
CW3M
Company
Attachment A
Accounting Deductions
.
/
MA~j~
Re:
LPC#0610155002--GreeneCounty
~
(~,4L~
Greenfield/Owens Oil
Company
401
North Main
LUST Incident
#892547
LUST FISCAL FILE
1tem~
Description of Deductions
59.50,
deduction for an adjustment in costs due to a lack of supporting documentation
(Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).
The following deductions have been made for postage. no receipts;
August
1998 ($2.02);
September 1998
($1.10); October 1998 ($1.10);
January 1999
•
($1.10); February
1999 ($1.43); March
1999 ($0.33); April
1999 ($2.42)
$16.75.
deduction
in costs that the owner/operator failed to
demonstrate were
reasonable (Section 22.1 8b(d)(4)(C) ofthe Environmental
Protection Act).
Deduction for mileage November 10,
1998 forM.
Staab.
Traveled the same day
and
worked the same hours as F. Jones ($8.75).
Deduction for unreasonable Cost for General Project Manager, March
1999 ($8.00).
$26.25 Total Accounting Deductions
DEO:SB:jk\032963 .doc
Attachment A
Technical Deductions
Re:
LPC#0610155002--GreneCounty
Green±ieldlOwens
Oil Company
401
Main
St.
LUST Incident No. 892547
LUST FISCAL
FILE
Item #
Description ofDeductions
•
1.
•
$2,475.00.
deduction in
costs that the owner/operator failed to demonstrate were
reasonable (Section 22.1 8b(d)(4)(C) of the Environmental Protection Act).
JFG\892547-3
LCU Attachment A
ILLINOIS POLLUTION CONTROL BOARD
May 1,2003
OWENS OIL COMPANY (June
1,
1998 to
)
May31, 1999),
)
)
Petitioner,
)
)
v.
)
PCB 03-197
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
(90-Day Extension)
PROTECTION AGENCY,
)
)
•
Respondent.
)
ORDER OF THE BOARD
(by T.E. Johnson):
OnApril
18, 2003, the parties timely filed a joint notice to
extend the 35-day period
within which Owens OilCompany may appeal a March ii, 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 l01.300(b)(2),
105.404.
TheAgency 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
15,
2003, as the parties request.
See
415
ILCS
5/40(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, certify that the Board
adopted the above order on May 1, 2003, by
a vote of7-0.
4
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
EXHIBIT
.0