BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
MARTIN OIL MARKETING, LTD.,
)
)
Petitioner,
)
j
)
No.PCB
~
v.
)
(UST-Fund)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
APPEARANCE
Joseph F. Madonia ofthe law
firm, WILDMAN HARROLD, ALLEN & DIXON
LLP, enters his appearance as counsel for Petitioner, Martin Oil Marketing, Ltd.
Joseph F. Madonia
WILDMAN HARROLD ALLEN & DIXON, LLP
225
West Wacker Drive,
Suite 3000
Chicago, IL 60606
T:
312-201-2000
F:
312-201-2555
madonia@wildmanhanold.com
THIS FILING IS MADE
ON
RECYCLED PAPER
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
MARTIN OIL MARKETING, LTD.,
)
Petitioner,
)
)
No.PCB
(~)c~f.
v.
)
(UST-Fund)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR REVIEW
AND APPEAL HEARING
Martin Oil Marketing, Ltd., through its attorneys, Wildman, Harrold, Allen &
Dixon
LLP, respectfully submits this Petition for Review and requests a hearing to appeal
IEPA’s
September 10, 2003
final decision to reject the amended budget for the following
location:
LPC
# 0316715025
—
Cook County, Chicago/Martin Co., 8100 South Ashland
Avenue, LUST Incident No.
940705.
In support ofthis Petition, Martin states
that: (i) the grounds for this appeal are
that the IEPA’s rejection ofline item amendments to
a previously-approved budget
associated with a previously-approved corrective action plan is unreasonable,
arbitrary
and not in accordance with the law, and that Petitioner’s reliance upon the IEPA’s prior
budget and corrective action plan approvals act as an estoppel which precludes the
rejection which is the subject matter ofthis appeal; (ii) a copy ofIEPA’s September 10,
2003 final action is attached as Exhibit A; and (iii) this Petition follows the Board’s
November 6, 2003
Order (PCB 04-68) which granted Petitioner’s and Respondent’s joint
notice to extend the appeal period until January 15, 2004 (see Order, attached as Exhibit
B).
Respectfully submitted,
MARTIN OIL MARKETING, LTD.
By:___________
ne of its attorneys
Joseph F. Madonia
WILDMAN HARROLD ALLEN & DIXON, LLP
225
West Wacker Drive, Suite 3000
Chicago, IL 60606
T:
312-201-2000
F:
312-201-2555
madonia@wildmanharrold.com
THIS FILING IS
MADE
ON RECYCLED
PAPER
EXHIBIT
A
~3
z
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND
AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
kLINOIS
62794-9276, 217-782-3397
JAMES
R.
THOMPSON
CENTER,
100 WEST
RANDOLPH, SUITE 11-300,
CHICAGO,
IL 60601,
31 2-814-6026
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE CIPRIANO,
DIRECTOR
217/782-6762
CERTIFIED MAIL #
fl Ob\a5IOC’~~
SEP10
2fl03
Martin Oil Marketing, Ltd.
Attention:
Donald F. Waterlander
4501 West 127th Street
Alsip, IL
60658
Re:
LPC#0316715025--CookCounty
Chicago/Martin Co.
8100 South Ashland Avenue
LUST Incident No. 940705
LUST FISCAL FILE
Dear Mr. Waterlander:
The Illinois Environmental Protection Agency has completed the review of your application for
payment from the Underground Storage Tank Fundfor the above-referenced LUST incident
pursuant to Section 57.8(a~of the Illinois Environmental Protection Act (Act), and 35 Ill. Adm.
Code 732, Subpart F.
This information is dated July 15, 2003 and
was
received by the Agency
on August 8, 2003.
The application for payment covers the period from July 23,
1998 to July 31,
2003.
The amount requested is $11,900.80.
The deductible amount for this claim is $10,000.00, which was previously deducted from the
InvoiceVoucher dated September
18,
1996.
Listed in Attachment A arethe
costs which are not
being paid and the reasons these costs arenot being paid.
On August 8, 2003, the Agency received your complete application forpayment for this claim.
As a result ofthe Agency’s review ofthis application forpayment, a voucher for $4,708.86 will
be prepared for submission to the Comptroller’s Office forpayment as funds become available
based upon the date the Agency received your complete request for payment ofthis application
for payment.
Subsequent applications for payment that have been/are submitted will be
processed based upon the datecomplete subsequent application for payment requests are
received by the Agency.
This constitutes the Agency’s final action with regard to the above
application(s) for payment.
An underground storage tank owner or operator may appeal this final decision to the Illinois
Pollution Control Board (Board) pursuant to
Section
57.8(i)
and Section
40 ofthe Act by filing a
petition for a hearing within 35
days after the date of issuance ofthe final decision.
However,
the 35-day period may be extended for a period oftime not to exceed 90 days by written notice
RocKFoao —4302
North
Main Street, Rockford,
IL 61103 —(815) 987-7760
•
DEs
PLAINES
—
9511 W.
Harrison St., Des Plaines, II
60016— (347)
294-4000
L-IGIN
—595
South State,
31gm,
IL 60123
—
(847) 608-3131
•
PEORIA
—
5415 N.
University St., Peoria,
IL 61614— (309
693-5463
BuREAu
or
LAND
-
PRORIA
—
7620 N.
University St., Peoria,
CL 61614 —(309) 693-5462
•
CHAMPAIGN
—2125 South
First
Street, Champaign,
IL 61820—
(217
278.3800
SPRINGFIEW
—4500
S. Sixth Street Rd.,
Springfield,
IL 62706 —(217
786-6892
•
COLLIN5VILLE
—2009 MalI Street, Collinsvifle,
IL 62234
—(618
346-5120
MARION
—
2309 W.
Main St., Suite
116, Marion, IL 62959 —(618) 993-7200
PRINTED
ON
RCYCLEO
PAPER
,
~
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.-
..
..
.
.
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2
flom the owner oroperator and theIllinois EPA within the initial 35-day appeal period.
Ifthe
applicantwishes to receive a 90-day extension, a written request that includes a statement ofthe
date the final decision was received, along with a copy ofthis decision, must be sent to the
Illinois EPA as soonas possible.
For information regarding the filing ofan 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 ofan extension, please contact:
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Springfield, illinois 62794-9276
.
-
217/782-5544
Ifyou
have any questions
or require further assistance, please contact Bill Richards of my
staff at
217/782-6762.
B. Oakley, Manager
LUST Claims
Unit
Planning & Reporting Section
Bureau ofLand
DEO:WWR:jk\031 174.doc
Attachment
Si
cc:
ESG, Inc.
Attachment A
Accounting Deductions
Re:
LPC#0316715025--CookCounty
Chicago/Martin Co.
8100 South AshlandAvenue
LUST Incident No.
940705
LUST Fiscal File
Citations in this attachment are from and the Environmental Protection Act (Act) and 35 Illinois
Administrative Code
(35
Iii. Adm.
Code).
Item #
Description ofDeductions
1.
$1,435.94,
deduction ofcosts due to the owner or operatorreceiving an excess
payment from the Fund.
(35
Ill. Adm.
Code 732.6 12(c)(2))
While reviewing your recent claim submittal, the Agency became aware ofan error
made on the claim submittal received August 27,
1998 for $47,408.90.
A payment for
$44,671.13 was made on the Agency’s Final Decision Letter datedNovember 20,
1998.
The excess payment was made on two different line items, Report Preparation
Costs
-
$861.00 and Other Costs
-
$574.94.
TheAgency is
seeking recovery of
$1,435.94 utilizing the High Priority claim submittal received on August 8, 2003 in
the amount of $11,900.80
and are reapplying it to the line item breakdowns for Field
Purchases and Other Costs to balancethis account.
2.
$5,756.00,
deduction for costs associated with High Priority site activities.
The
billings submitted exceed the approved budget amounts.
The Illinois EPA is unable to
approve billings that exceed the approved budget amounts.
(Section
57.8(a)(1)
of the
Act and 35 Ill.
Adm. Code 732.601(f))
Report Preparation costs exceed the approved budget by
$5,650.00.
Other Costs line item exceed the approved budgetby $106.00.
DEO:WWR:jk\03 11 74.doc
September 30.
2003
Illinois Environmental Protection Agency
Division of
Legal
Counsel
1021
North Grand Avenue East
Springfield,
Illinois 62794-9276
RE:
LPC p031 6715025
—
Cook
County
Chicago/Martin
OIl
8100
South
Ashland
Avenue
LUST Incident No. 940705
LUST FiSCALFILE
REQUEST FOR 90— DAY EXTENSION
Martin
Oil
Marketing,
Ltd., by representative
for
Petitioner,
Donald Watedander,
files
this
request for a 90
—
day
extension
on Tuesday,
September
30, 2003.
Martin
Oil has
received
IEPAs submittal reviewon
September
12th,
2003 and because this review
reversed
an previous
decIsion
on
a claimfrom August 27,
1998,
Martin
Oil is
reviewing
all the claims on this
location
in
regards to the approved budget
with
its
consultant,
ESG, Inc.
Martin Oil after this reviewand discussing information with IEPA’s LUST
Claims
Unit as
needed, Martin
wilt determine if an appeal wilt be needed to be
filed
within this 90— day
extension.
Thank you in regards to this issue, and
please call
me
with
any questions orcomments,
at
(708) 385-6500, ex ~16.
Very
truly yours,
MARTIN OIL MARKETING,
LTD.
Donald E. Wateiiander
General Manager,
Engineering,
Construction, and Maintenance
Enclosure
CC:
ESG,
Inc.
4501
WEST
127TH
STREE1
ALSI~
IL 60803
•
108/385-6500
•
FAX
708/385-6598
~BITJ
ILLINOIS
POLLUTION CONTROL BOARD
Novemberó, 2003
MARTIN
OIL
MARKETING,
LTD.,
)
)
Petitioner,
)
)
v.
)
PCB 04-68
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
(90-Day Extension)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD
(by T.E. Johnson):
On October 20, 2003, the parties timelyfiled ajoint notice to extend the 35-day period
within which Martin
Oil
Marketing, Ltd. (Martin
Oil
Marketing) may
appeal a September
10,
2003 determination ofthe Illinois Environmental Protection Agency (Agency).
See
415 ILCS
5/40(a)(1)
(2002); 35
Iii. Adm.
Code
105.402, 105.406.
Becausethe postmark date ofthejoint
request is within the time for filing, thejoint request was timely filed.
35
fli. Adm. Code
101 .300(b)(2), 105.404.
At issue is the Agency’s approved reimbursementofrequested
corrective action costs, with modifications,
forMartin Oil Marketing’s leaking underground
petroleum storage tank facility located at 8100 South Ashland Avenue, Chicago, Cook County.
The Board extends the appeal period until January
15,
2004, as the partiesrequest.
See
415
ILCS
5/40(a)(1)
(2002); 35
IIl.’Adm. Code
105.406.
If
Martin
Oil Marketing 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 ofthe Illinois Pollution ControlBoard, certify that the Board
adopted the above order on November 6,2003, by a vote of 6-0.
Dorothy M.
Gunn, Clerk
Illinois Pollution Control Board