BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    BROADUS OIL,Petitioner,
    ))
    0 ~ C
    E~ ~V~
    2003ED
    v.
    )
    PCB04-~AT~°~~WNOIS
    d
    )
    (UST
    a?plJs~JO~I
    Control
    Boar
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    )
    )
    Respondent.
    )
    PETITION
    FOR REVIEW
    NOW COMES Petitioner, BROADUS OIL, through its undersigned attorney, and
    pursuant to Section 40(a)(1) of the Environmental Protection Act, 415 ILCS 5/40(a)(1), and
    Section 105 Subpart D of this Board’s procedural regulations,
    35
    Iii. Adm. Code 105.400-
    105.412, hereby seeks review of the final decision of the Respondent ILLINOIS
    ENVIRONMENTAL PROTECTION AGENCY (IEPA) dated September 8, 2003 and received
    by Petitioner on September 10, 2003(a true and correct copy ofwhich is attached hereto, and
    incorporated herein, as Exhibit A), which deducted $24,309.98 from Petitioner’s LUST
    reimbursement application, and of the final decision ofthe IEPA dated August 6, 2003 and
    received by Petitioner on August 8, 2003(a true and correct copy ofwhich is attached hereto, and
    incorporated herein, as Exhibit B), which rejected Petitioner’s High Priority Corrective Action
    Plan Budget amendment. In support of this Petition, Petitioner states as follows:
    1.
    Petitioner is owner/operator of a facility located at Main and Broadway Streets,
    Marseilles, LaSalle County, Illinois, at which leaking underground storage tanks were located,
    and remediation has taken place (LUST Incident Nos. 942364 and 970520).
    2.
    On May 12, 2003, Petitioner submitted to the IEPA its High Priority Corrective
    Action Plan Budget amendment.
    3.
    On August 8, 2003, Petitioner submitted to the IEPA its LUST reimbursement
    package for work performed between May 1, 1997 and July 31, 2003, requesting $62,299.21 in
    reimbursement from the LUST Fund. The IEPA’s final decision letter, issued September 8,
    2003, granted less than that amount~
    4.
    On September 18, 2003, this Board entered an order in this case acknowledging
    the parties’ joint notice to extend the 35-day period for Petitioner to seek review of the IEPA’s
    final decisions, and extending the date for Petitioner to file its petition for review until December
    11, 2003.
    5.
    Among other things, the IEPA deducted $3,932.05 for personnel costs and
    $20,357.65 for field purchases and other costs associated with High Priority site activities which
    the IEPA determined were over the approved budget amount. This determination is in error as a
    matter oflaw and fact.
    6.
    Accordingly, the IEPA’s final decision letter dated September 8, 2003, in total
    resulted in erroneous reimbursement determinations in the amount of $24,309.98, which
    Petitioner seeks in this LUST Fund reimbursement appeal.
    7.
    Also, the IEPA’s final decision letter dated August 6, 2003, which rejected
    Petitioner’s High Priority Corrective Action Plan Budget amendment, referenced Section
    57.7(c)(4)
    ofthe Act and 35 III. Adm. Code 732.405(c) and 732.503(b), but did not explain or
    specify why the Budget amendment was being rejected, in violation of Section
    57.7(c)(4)(D).
    Further, this determination is in error as a matter oflaw and fact.
    WHEREFORE, Petitioner, BROADUS OIL, requests that this Board reverse the IEPA’s
    denial of $24,309.98 in LUST Fund reimbursement, reverse the rejection ofthe High Priority
    Corrective Action Plan Budget amendment, award to Petitioner the amount in additional LUST
    Fund reimbursement, and award to Petitioner such other and further relief as may be within this
    Board’sjurisdiction and authority.
    Hedinger Law Office
    2601 S. Fifth St.
    Springfield, IL 62703
    (217) 523-2753 phone
    (217) 523-4366 fax
    Respectfully submitted,
    BROADUS OIL,
    Petitioner,’
    By its attorney,
    • HEDINGER LAW OFFICE
    By
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    BROADUS OIL,
    )
    Petitioner,
    )
    ~‘
    TAi~
    ~~2OO3
    c
    /
    0fltro/r~
    v.
    )
    PCB04-31
    ~°Qrd
    )
    (UST appeal)
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    )
    )
    Respondent.
    )
    NOTICE OF
    FILING
    AND PROOF OF SERVICE
    To:•
    Pollution Control Board, Attn: Clerk
    100 West Randolph Street
    James R. Thompson Center
    Suite 11-500
    Chicago, IL 60601-3218
    John Kim
    Division ofLegal Counsel
    Illinois Environmental Protection Agency
    1021 N. Grand Ave. East
    P.O. Box 19276
    Springfield, IL 62794-9276
    PLEASE TAKE NOTICE that on the~~TyofDecember, 2003, we sent via U.S. first
    class mail to the Clerk of the Pollution Control 1~oardthe original and nine copies ofthe
    PETITION FOR REVIEW for filing in the above entitled cause.
    The undersigned certifies that a true and correct copy ofthe PETITION FOR REVIEW
    was served upon each ofthe above-identified individuals via U.S. mail, by enclosing the same in
    envelopes properly addressed, with po~tagefully prepaid, and by depositing said envelopes in a
    U.S. Post Office mail box, on the/
    .,
    2003, b~fore5:30 p.m.
    Hedinger Law Office
    2601 5. Fifth St.
    Springfield, IL 62703
    (217) 523-2753 phone
    (217) 523-4366 fax
    ThIS FILING IS SUBMIITED ON RECYCLED PAPER

    Back to top