BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
WILLAREDT OIL COMPANY,
)
RECE~VED
Petitioner,
)
9 2004
v.
)
PCB 04-72
A~ILLMu1~
(UST Appeal)
POLWflCN CONTROL BOARL)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
NOTICE OF FILING AND PROOF OF SERVICE
TO: Renee Cipriano, Director
Illinois Environmental
Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PLEASE TAKE NOTICE that on January 7, 2004, we sent to the
Clerk of the Illinois Pollution Control Board the originals and
nine (9) copies each, via U.S. Mail, of Petition for Review of
Underground Storage Tank Fund Reimbursement Determination, for
filing in the above-entitled cause, copies of which are attached
hereto.
The undersigned hereby certifies that true and correct
copies of the Notice of Filing, together with copies of the
documents described above, were served upon the Respondent by
enclosing same in envelopes addressed to said Respondent,
certified mail, return receipt requested, and by depositing said
envelopes in a United States Post Office Mail Box at
Springfield, Illinois, with postage fully prepaid, on the
7th
of
January, 2004, and that courtesy copies of same were sent on
same date, by U.S. Mail, postage fully prepaid, to the attorney
of record for Respondent, to-wit:
John J. Kim
Special Assistant Attorney General
Illinois Environmental Protection Age:
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
MOHAN, ALEWELT, PRILLANAN & ADANI
1 North Old Capitol Plaza, Suite 325
Springfield, IL 62701
Phone: (217) 528-2517
THIS FILING SUBMITTED ON RECYCLED PAPER
C:\MAPA\CDAVIS\Willaredt\Petition for Review 04
72.wpd
sew 1/5/04
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
WILLAREDT OIL COMPANY,
JAN ~9 2DM
Petitioner,
)
~ ~LU~J~
v.
)
PCB
o~O~SflONCONTROL
&)ARD
ILLINOIS ENVIRONMENTAL
(UST Appeal)
PROTECTION AGENCY,
Respondent.
PETITION FOR REVIEW OF UNDERGROUND STORAGE
TANK FUN)
REIMBURSEMENT DETERMINATION
NOW COMES Petitioner, WILLAREDT OIL COMPANY, by its
undersigned attorneys, and pursuant to 415 ILCS 5/40 and 57.7,
and 35 Ill. Adm. Code 105.204, hereby petitions the Pollution
Control Board for review of the final determination of
Respondent, Illinois Environmental Protection Agency (“Agency”),
with respect to the Agency’s September 16, 2003, deductions from
the Petitioner’s reimbursement request for activities under the
Illinois Underground Storage Tank Fund (“UST Fund!!). In support,
Petitioner states:
1. Petitioner is the owner of a gasoline service station
located at 1000 U.S. Highway 121, Mt. Zion, Macon County,
Illinois. This facility has been designated LPC #1150350004 by
the Agency.
2. Petitioner notified the Illinois Emergency Management
Agency (“IEMA”) of a release of petroleum from an underground
storage tank (“UST”) at the facility, to which lENA assigned
Incident No. 980380.
3. On or about August 13, 2003, Petitioner filed an
application for reimbursement for corrective action costs
incurred to remediate the petroleum release.
4. On or about September 16, 2003, the Agency rendered its
final determination on Petitioner’s request for reimbursement. A
true and correct copy of the subject Agency decision is attached
hereto and made part hereof as Exhibit A.
5. On October 23, 2003, Petitioner and the Agency jointly
filed for a 90-day extension of the time for appeal, which was
granted by the Board on November 6, 2003.
6. Petitioner prays that the Board reverse the Agency’s
final determination with respect to the disallowed costs, and
restore the cuts.
7. The Agency’s rejection of such costs are contrary to
both the law and Agency precedent, inasmuch as the costs are
reasonable and necessary for the work to be performed.
8. Petitioner reserves the right to present additional
grounds for reversal of the Agency’s final reimbursement
determination with respect to the disallowed costs, as they may
appear during the course of this appeal.
WHEREFORE, Petitioner respectfully requests that this Board
grant a hearing in this matter and reverse the Agency’s September
16, 2003, deductions from the Petitioner’s reimbursement request
and remand this matter to the Agency with instructions
to approve
2
the proposed budget as submitted, and any other such relief as
the Board deems appropriate.
Respectfully submitted,
WILLAREDT OIL
MPANY,
itioner
By MO
,
EWELT, .PR
& ADANI
By
Fred C. ri
MOHAN,
ALEWELT, PRILLAMAN & ADAMI
a.
North Old Capitol Plaza
Suite 325
Springfield, IL 62701
Phone: (217) 528-2517
C:\MAPA\CIJAVIS\Willaredt\Petition for Review 04 72.wpd sew 12/4/03
3
.
iLLINOIS ENVIRONMENTAL PROTECTION AGENCY
1027 NORTH
(~RA.ND
AVENUE
EAST,
P.O. Box 19276,
SPR~NCRELD,1WNO~S
62794-9276
J~v~sR. THO,~iPS0NCENTER, 100°
WEST
RANDOLPH.
Sun~s
11.300, CHIc~co,IL 60601
ROD R.
BLACOJEvICH, GOVERNOR
RENEE
CIPRIANC,
DIRECTOR
217/782-6762
CERTIFIED MAIL
?ODE 3~SD0000 122t4 ~1S3
SEP
i~2O~3
Willaredt Oil Company
Attention: Dean Wiflaredt
PostOfficeBox 1245
Mattoon, Illinois 61938
Re;
LPC#1150350004—MaconCounty
Mt Zion/ Willaredt Oil Co., Inc.
1000U.S. Highway
121
LUST Incident No.
980380
LUST Technical File
‘.
Dear Mr. Wiláredt:
.
The Illinois Environmental Protection Agency (Illinois EPA) has reviewedthe Site Classification
Work Plan (plan) stibmitted forthe above-referenced incident. This plan, datedJuly 2003, was
received by the Illinois EPA on August 13,2003.. Citaticrns in this letter are from the
Environmental Protection Act (Act) and
35
Illinois
Admii~i~atjveCode (35 IlL Adni. Code).
The Illinois EPA requires ~odiflcatioaof the plan; therefore, the plan is conditionally approved
with the Illinois EPA’s modifications. The Illinois EPA has determined that the modifications
listed in
Attachment
A
are necessaiyto demonstrate compliance with Title XVI of
the
Act and
35 111. Adin. Code 732 (Section
57.7(a)(l)
ofthe Act and 35 111. Adm. Code
732.305(c)
or
732.312(j)).
.
In
addition, the budget is modified piirsuathto Section 57.7(a)(l) ofthe Act and 35 Ill. Adni.
Code 732.305(c) or
732.312(3).
Based on the modifications listed in Section 2 ofAttachment B,
the amounts listed in Section 1 ofAttachmentB are approved. Please note that the
costs
must be
incurred in accordance with
the
approved plan. Be aware that
the
amount
of
reimbursementmay
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.
Please note that,
if
the owner or operator agrees with the flhjnois EPA’s modifications, submittal
ofan amended plan and/or budget, if applicable, is not requIred (Section
57.7(c)(4)
ofthe Act
and 35 111. Adni. Code 732.503(f)). Additionally, pursuant to Section
57.8(a)(5)
ofthe Act and
35 ill.
Adm. Code
732.305(e)
or 732.312(1),
if
reimbursement will be sought for any additional
— .1302
North
Macn Street. Rodiord. IL 61 03 —(81
SI 987.7760
•
Dts
PLAJNES
—9511
W.
H,rriSQfl
St.,
De~PlaIr,e~,
IL 60016— (8471
294’000
Eicc~
— 395
South State. Elgin, IL 60123
—(8471
608.3131
•
PE0SIA
—5415 N. University 51.,
Peoria,
IL
61614—1309)
693-5453
‘Rt..~L’
‘~rL’,.wo
-
ParteA
—
7620 N. Unive-sity St., Peoria. CL 61614— (309) 693-5462
•
Ct-cM,p,~jQw—2125 Sovth
Fr,t
Street
O,amp&gn. IL 51820—1217) 2785800
—
4500 5. Sixth Street Rd., Spriri9iteId, IL 62705— 1217) 786—b892
•
Cot.LcwsvtLLl
—
2
°
lie, IL 62234—1618) 346-f 20
P~ge2
costs
that
may be
incun-ed as a result ofthe funds
EPA’s modifications, an amended budget.
must be
submitted.
NDTh:
Amended plans
and/or budgets
must be submitted and approved prior to the issuance of
a No
Further
Remediation (NFR) Letter.
Costs associated with a plan orbudget that have not
been approved prior
to the issuance of an
NFR Letter will not be reimbursable.
Pursuant to 35111. Adm. Code 732.301 a Site Classification Completion Reportmust
be
submitted within 90 daysofthe date ofthis letter 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
.
-
Please submit all correspondence in duplicate and include the Re: block shown at the beginning.
ofthis letter.
.
An underground stOrage tank system owner oroperatormay appeal this decisionto the illinois
Pollution Control Board. Appeal rights are attached,
Ifyou have any ‘questions orneed further assistance, please contact Donna Wallace at 217/ 524-
1283.
Sincerely,
Thomas
Unit Manager
Leaking Under~oundStorage Tank Section
Division of
Remediation Management
Bureau
ofLand.
TAH:DW:dw\
Att~chments:~Attachment A and Attachment B
C:
CSD Environmental Services, Inc.
Division File
AttachmentA
Re:
LPC~fl150350004--MaconCounty’
Mt. Zion! .Willaredt Oil Co., Inc.
1000 U.S. HIghway 121
LUST Incident No. 9~0380
LUST Technical File
Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois
Administrative Code (35111. Adxn. Code).
‘
A.
The Agency will approve (2) soil samples from boring locations B-.7 thru B-tO and from
the borings at the locations forMW#7 and MW#8. The samples are to be tested for
VOCs and PNAs. The remainingproposed boring locations appe&to be excessive for
the minor release reportedat this tank field.
B.
Itwill not be necessary to samplethe soils for lead; since your on site leadlevels Were
below background levels of36.0 ppm.
-
C.
The Agency will approve a groundwater sample from (4) monitoring wells. The Agency
will approve exiting MW#2 and MW~3as well as theproposed MW#7 and MW#S.
Groundwater samples from these wells must be tested for VOCs, PNAs and Lead.
DW:dw\
Attachment B
Re:
LPC#1150350004--MaconCounty
Mt. Zion! WillaredtOfl Co., Inc.
1000 U.S. Highway 121
LUST Incident No. 980380
LUST Technical File
Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois
Administrative Code (35111. Adm. Code).
SECTION 1
As a result ofthe Illinois EPA’s modification(s) in Section 2 ofthis Attachment B, the following
amounts are approved:
.. .
$2,659.00
Investigation Costs
$3,677.65
Analysis Costs
$6,731.00.
.
Personnel Costs
$313.20
Equipment Costs
$219.40
Field Purchases and Other Costs
$743.67
Handling Charges
SECTION 2
.
.
A.
$11,384.35
foran adjustment in the number ofsamples to be takenas well
as
the
deduction oflead samples taken. from the soil. These costs are for activities in excess of
those necessary to meet the min~ii,umrequirements ofTitle XVI
of
the Act (Section
57.5(a) of
the
Act) and
35
111. Adm. Code 732 (Section
732.505(c)).
Costs.for corrective
•
.
action activities and associated materials
or
services exceedingthe minimum
requirements necessary to comply with the Act are
not eligible
for reimbursement
from
the Fund (35 III. Adm. Code 732.606(o)).
•
These adjustments were made as an adjustment in the modi~cationsto the plan
B.
$7,810.80 for an justjnent in chum charges, personnel hours previously approved,.
encore samplercharges, camera charges, mileage and shipment charges. The Illinois
•
EPA has determined that these costs are not reasonable as submitted (Section
57.7(c)(4)(C)
ofthe Act and 35111. Adm. Code 732.606(hh)). One ofthe overall goals of
the financial review is to assure that costs associated with materials,,activities, and
services are reasonable (35 III. Adm.. Code 732.505(c)). Please note that additional
information andlor supporting documentation may be provided to demonstrate ‘the costs
are reasonable.
Page 2 of2 ofAttachment B
C.
$1,090.25 for an adjustment in handling charges. Handling charges are eligible for
payment only ifthey are equal to or less than the amount determined by the following
table (Section
57.8(g)
of the Act
and
35
Iii. Adm. Code 732.607):
Subcontract or Field
Purchase
Cost:
$0
-
$5,000
• $5,001
-$15,000
$15,001
-
$50,000
• $50,001
-
$100,000
$100,001
-
$1,000,000
Eligible Handling Charges as a
Percentage
of
Cost:
12
$600 plus 10 of
amount over
$5,000
$1,600 plus 8 ofamount
over $15,000
84,400 plus
5
ofamount
over $50,000
$6,900 plus 2 ofamount
over $100,000
DW:dw\
Handling charges were adjustedto meet budgetmodifications.’
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)QD) ofthe Act by
filing a petition
for a
hearingwithin 35 d~.ysafter
the
date of issuance ofthe final decision. However, the
35-day
period may be
extended for a period of
time
not to
exceed
90
days
by
written
notice fiom the
o~ier
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 writtenrequest 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 Gunn,’
Clerk
illinois
Pollution Control Board
State
of
illinois Center
100
West Randolph, S~tite11-500
Chicago,
IL 60601
312/814-3620
-
For information regarding the
filing
ofan extension,
please contact
Illinois Environmental Protection Agency
Division
of
Legal Counsel
1021
North GrandAvenue East
Post Office
Box 19276
Spdn~eId,IL
62794-9276
217/782-5544
•
MOHAN, ALEWELT~PRILLAMAN & ADAMI
SUITE 325
I NORTH OLD CAPITOL PLAZA
EDWARD J, ALEWELT
JAMES T. MCI-IAN, Or COUNSEL
FRED C. PRILLAMAN
SPRINGp~IELD. ILLINOIS 82701-1323
TELEPHONE
PAUL E. ADAM)
(217) 528-25)7
CHERYL S. NEAL
PATRICK 0. SHAW
•
1217)528-2553
JOEL A, BENOIT’
E-MAIL
CHRISTOPHER 0. OSWALD
mapa@lam~Iy-net.net
‘ALSO ADMITrED (N MISSOURI
October
16,
2 003
John J. Kim
Special Assistant Attorney General
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand ‘Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Re: Request for 90-day extension in LPC #1150350004
—
Macon County (Wil’laredt 0i1 Company/Mt. Zion.)
Dear Mr. Kim:
We are •the attorneys for Willaredt Oil Company, Inc..
Pursuant to Section 40(a) (1) of the Illinois Environmental
Protection Act, 415 ILCS 5/40 (a) (1), and
35
Ill. Adm. Code Sec.
105.208, our client
requests
that the Pollution Control Board
grant a 90-day extension of time to appeal the
Agency’s
September 16, 2003, decision in this matter. A true and correct
copy of the said decision letter is attached hereto as Exhibit
A.
The Applicant requests such extension for a period of 90
days, for, the reason that the Applicant, by and ‘through its
attorneys, intends to meet with appropriate Agency personnel in
the near future with the hope and expectation of working out a
fair and reasonable settlement of the issues, thereby obviating
the.need for a formal appeal and hearing. Such efforts are more
lilcely to, succeed if they are unencumbered with the -litigation
responsibilities and deadlines which would apply if an immediate
appeal were taken.
The Applicant hereby requests the Agency to file its
concurrence with the Board so that the statutory extension may
be granted.
Your prompt attention to this request would be greatly
appreciated..
John J. Kim
October 16, 2003
Page 2
Thank you.
FCP/sew
Enclosure
C:\MAPA\CDAVIS\Willaredt\lCim ~O
17 03wpd
sew
10/16/03
Very truly yours
MOHAN
&
ADAMI
corn
John J. Kim
October 16, 2003
Page 3
Proof of Service
The undersigned certifies that a copy of the foregoing
Letter of Request for Extension was served upon the following
parties by enclosing the same in envelopes addressed to said
parties with postage fully prepaid, and by depositing said
envelope in a U.S. Post Office mail box in Springfield, Illinois
on the 16th day of October, 2003:
John 1L Kim
Special Assistant Attorney General
Illinois Environmental Protection Agen
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
IL 62794-9276
MOHAN, ALEWELT, PRILLAIVIAN & ADANI
1 North Old Capitol Plaza
Suite 325
Springfield, IL 62701
(217) 528-2517
C:\MAPA\CDAVIS\Willaredt\iCitn 10 17 03.wpd sew 10/16/03
CERTIFICATE OF SERVICE
I, the undersigned attorney
at law, hereby
certify that on October 21, 2003, I served true
and correct copies of a REQUEST
FOR
NINETY DAY EXTENSION OF APPEAL PERIOD,
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 Springfield, Illinois, with sufficient
First Class Mail postage affixed thereto, upon
the following named persons:
Dorothy M. Gunn, Clerk
Fred C. Prillaman
Illinois Pollution Control Board
.
Mohan, Alewelt, Prillaman & Adami
‘James R. Thompson Center
Suite
325
100 West Randolph Street
1 North Old Capitol Plaza
Suite 11-500
Springfield, IL 62701-1323
Chicago, IL 60601
.
.
.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Assistant Counsel
Special Assistant Attorney General
.
Division ofLegal Counsel
1021 North Grand Avenue, East
.
P.O.Box 19276
‘
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)