RECEiVED
CLERK~SOFFICE
BEFORE THE POLLUTION CONTROL BOARPEC
8
2003
OF THE STATE OF ILLINOIS
STATE
OF ILLINOIS
)
Pollution Control Board
)
Petitioner,
)
)
vs.
)
PCBNo.04-
a-
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE
Dorothy M. Gunn, Clerk
John J.
Kim
Illinois Pollution Control Board
Assistant Counsel
State of Iffinois Center
Special Assistant Attorney General
100 West Randolph Street
Division of Legal Counsel
Suite 11-500
1021 North Grand Avenue, East
Chicago, IL 60601
P.O. Box 19276
Springfield, IL 62794-9276
PLEASE TAKE NOTICE that I have today filed with the office ofthe Clerk of
the Pollution Control Board a Petition for Review of Final Agency Leaking
Underground Storage Tank Decision, a copy of which is herewith served upon you.
By ~
f~urtisW. Martin, ,X’ttorney for
(Sather Enterprists, Ltd., Petitioner
Robert E. Shaw
IL ARDC No. 03123632
Curtis W. Martin
IL ARDC No. 06201592
SHIAW & MARTIN, P.C.
Attorneys at Law
123 S. 10t~~Street, Suite 302
P.O. Box 1789
Mt. Vernon, Illinois 62864
Telephone (618) 244-1788
SATHER ENTERPRISES, LTD.,
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
DEC
8 2003
OF THE STATE OF ILLINOIS
Pollutj~~
STATE
OF
Control
ILLINOIS
Board
SATHER ENTERPRISES, LTD.,
)
)
Petitioner,
)
)
VS.
)
PCB No.
O4~~1~
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR REVIEW OF FINAL AGENCY
LEAKING
UNDERGROUND STORAGE TANK DECISION
NOW COMES the Petitioner, Sather Enterprises, Ltd., (“Sather”), by one of
its attorneys, Curtis W. Martin of Shaw & Martin, P.C., and, pursuant to Sections
57.7(c)(4)(D) and 40 of the Illinois Environmental Protection Act (415 ILCS
5/57.7(c)(4)(D) and 40) and 35 Ill. Adm. Code 105.400-412, hereby requests that the
Illinois Pollution Control Board (“Board”) review the final decision ofthe Illinois
Environmental Protection Agency (“Agency”) in the above cause, and in support
thereof, Sather respectfully states as follows:
1.
On October 31, 2003, the Agency issued a final decision to Sather, a
copy ofwhich is attached hereto as Exhibit A.
2.
On November 1, 2003, Sather, through its consultants, United Science
Industries, Inc. (“USI”), received the Agency’s final decision.
3.
The grounds for the Petition herein are as follows:
Sather, through its consultant, USI, on July 3, 2003 submitted to the
Agency a High Priority Corrective Action Plan Budget (“Budget”). By the Agency’s
letter of October 31, 2003, it adjusted the personnel costs within the Budget
submitted by Sather to the extent of $5,450.00. The Agency claims that these costs
are not reasonable as submitted and that these costs were denied with regard to
previous submittals due to unreasonableness.
The Agency’s adjustment of the personnel costs is arbitrary and
capricious in that Sather has provided justification for such costs and they satisfy
the requirements ofthe Illinois Environmental Protection Act and the regulations
promulgated thereunder. The costs were budgeted in accordance with generally
accepted engineering practices and are consistent with the Act and its regulations.
The Agency has further failed to advise Sather as to which personnel
activities associated with the costs adjusted are deemed unreasonable and the
Agency has failed to advise Sather as to the basis for its determination that the
costs are unreasonable as submitted. The Agency’s adjustment is merely on a cost
basis without technical justification and it should be reversed by the Board.
WHEREFORE, Petitioner, Sather Enterprises, Ltd., prays that the Agency’s
decision letter of October 31, 2003 be reversed, that the High Priority Corrective
Action Plan Budget submitted by Sather include the $5,450.00 in personnel costs,
and that it recover the attorney’s fees and costs incurred herein pursuant to 415
ILCS 5/57.8(1) and 35 Ill. Adm. Code 732.606(g).
2
Robert E. Shaw
IL ARDC No. 03123632
Curtis W. Martin
IL ARDC No. 06201592
SHAW & MARTIN, P.C.
Attorneys at Law
123 5. 10th Street, Suite 302
P.O. Box 1789
Mt. Vernon, Illinois 62864
Telephone (618) 244-1788
3
Respectfully submitted,
SHAW & MARTIN, P.C.
By~~
~
Curtis W. Martin,
torney for
K
Sather Enterpr~Ltd, Petitioner
-~
7
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276, 217-782-3397
JAMES
R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601, 312-814-6026
ROD
R. BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
217/782-6762
CERTIFIED MAIL
•?002 B150 0000 122? 0172
OCT 312O~1
Sather Enterprises
Attention: Everett Sather
• 8875 NW Polk City Drive
Ankeny,IA 50021
P~: ‘~LPC#0390155020
--
DeWitt County
Fanner City/Sather Enterprises
Rt.
54 &
lEast Route
150
LUST Incident No. 20000755
LUST Technical File
Dear Mr. Sather:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority
Corrective Action Plan Budget (budget) submitted for the above-referenced incident. This
budget, dated July 3, 2003, was received by the Illinois EPA on July 16, 2003. Citations in this
letter are from the Environmental Protection Act (Act) and 35 Illinois Administrative Code (35
Ill. Adm. Code).
The budget is modified pursuant to Section
57.7(c)(4)
of the Act and 35 Ill. Adm. Code
732.405(c).
Based on the modifications listed in Section 2 of Attachment A, the amounts listed
in Section 1 ofAttachment A are approved. Please note that the costs must be incurred in
accordance with the approved plan. Be aware that the amount ofreimbursement may be limited
by Sections
57.8(e), 57.8(g)
and
57.8(d)
ofthe Act, as well as
35
Ill. Adm. Code 732.604,
732.606(s), and 732.611.
All future correspondence must be submitted to:
Illinois Environmental Protection Agency
Bureau ofLand
-
#24
Leaking Underground Storage
Tank
Section
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
Roct:FORD —4302 NoOh Main Street, Rockford,
IL
61103 — 18151 987-7760
•
DES PLAINES —9511 W. Harrison SI., Des Plaines, IL 60016— 1847) 294-4000
ELGIN — 595South Stale, 81gm, IL 60123 —(847) 608-3)31
•
PEORIA — 5415 N. University St., Peoria, IL 61614— 1309) 693-5463
8u~E.;uOF LAND - PEORIA — 7620 N. University St., Peoria, IL 61614 —13091 693-5462
• CHAMPAIGN — 2125 South First Street, Champaign, IL 61820— 12171 278-5800
SPRINGFIELD — 4500 S. Sixth Street Rd., Springfield, IL 62706 — 1217) 786-6892
•
COLLINSVILLE — 2009 MaIl Street, CoIIinsviIIe, I
~4 — 161
346-5120
MARION — 2309 W. Main St., Suit:116 Mahon, IL 62959 —1618)
9EXHI B ~
A
Page 2
Please submit all correspondence in duplicate and include the Re: block shown at the beginning
ofthis letter.:
An underground storage tank system owner or operator may appeal this decision to the Illinois
Pollution Control Board. Appeal rights are attached.
If you have any questions or need further assistance, please contact Mindy Weller at 217/782-
6762.
Sincerely,
A. Chappel, P~E.
Unit Manager
Leaking Underground Storage Tank Section
Division ofRemediation Management
Bureau ofLand
HAC:MW:mw\20000755-5.DOC
Attachment: Attachment A
cc:
Jennifer Thogmartin
Division File
Appeal Rights
An underground storage tank owner or operator may appeal this final decision to the Illinois
Pollution Control Board pursuant to Sections 40 and
57.7(c)(4)(D)
ofthe Act by filing a petition
for a hearing within 35 days after the date ofissuance ofthe final decision. However, the 35-day
period maybe extended for a period oftime not to exceed 90 days by written notice from the
owmer or operator and the Illinois EPA within the initial 35-day appeal period. Ifthe 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 of this decision, must be sent to the
Illinois EPA as soon as possible.
For information regarding the filing of an appeal, please contact:
borothy Gunri, Clerk
Illinois Pollution Control Board
State ofIllinois Center
100 West Randolph, Suite 11-500
Chicago, IL 60601
312/814-3620
For information regarding the filing ofan extension, please contact:
Ililinois Environmental Protection Agency
Division ofLegal Counsel
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
217/782-5544
Attachment A
Re:
LPC # 0390155020
--
DeWitt County
Farmer City/Sather Enterprises
Rt.
54
&~EastRoute
150
LUST Incident No. 20000755
LUST TechnicalFile
Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois
Administrative Code
(35
Ill. Adm. Code).
SECTION 1
The bu~igetwas previously approved for:
$0.00
Investigation Costs
$0.00
Analysis Costs
$9,220.00
Personnel Costs
$640.00
-
Equipment Costs
$640.00
Field Purchases and Other Costs
$76.80
Handling Charges
As a result ofthe Illinois EPA’s modification(s) in Section 2 ofthis Attachment A, the following
amounts are approved:
$0.00•
Investigation Costs
$0.00
Analysis Costs
$5,833.75
Personnel Costs
$0.00
Equipment Costs
$10.00
Field Purchases and Other Costs
$0.00
Handling Charges
Therefore, the total cumulative budget is approved for:
50.00
investigation Costs
$0.00
Analysis Costs
$15,053.75
Personnel Costs
$640.00
Equipment Costs
$650.00
Field Purchases and Other Costs
$76.80
Handling Charges
Page2
SECTION 2
1.
$5,450.&O
for an adjustment in Personnel Costs. The Illinois EPA has determined that
these costs are not reasonable as submitted (Section 57.7(c)(4)(C) ofthe Act and 35 Ill.
Adm. Code 732.606(hh)). One ofthe overall goals ofthe financial review is to assure
that costs associated with materials, activities, and services are reasonable
(35
Ill. Adm.
Code
732.505(c)).
Please note that additional information andlor supporting
documentation may be provided to demonstrate the costs are reasonable.
The budget includes costs that were previously denied due to unreasonableness ofcosts.
The budget also included “justification” ofthe costs. Illinois EPA has allotted for the
~coststhat were submitted for the additional work performed due to Illinois EPA requests.
HAC:MW:mw\20000755-SAttaChmeflt A.DOC
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on December
____
2003, I served true and correct copies of a Petition for Review of Final Agency
Leaking Underground Storage Tank Decision, by placing true and correct copies in
properly sealed and addressed envelopes and by depositing said sealed envelopes in
a U.S. mail drop box located within Mt. Vernon, Illinois, with sufficient Certified
Mail postage affixed thereto, upon the following named persons:
Dorothy M. Gunn, Clerk
John J. Kim
Illinois Pollution Control Board
Assistant Counsel
State ofIllinois Center
Special Assistant Attorney General
100 West Randolph Street
Division of Legal Counsel
Suite 11-500
1021 North Grand Avenue, East
Chicago, IL 60601
P.O. Box 19276
Springfield, IL 62794-9276
~.•
.....~..
/Curtis W. Martin,,Attorney for
Petitioner, Sath(~~Enterprises, Inc.