R~C~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FEB 2 3 2004
GREAT LAKES DREDGE
&.
)
DOCK COMPANY, a New Jersey
Corporation,
Petitioner,
)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF FILING
TO:
Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA FIRST CLASS MAIL)
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
(VIA FIRST CLASS MAIL)
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk of
the Illinois Pollution Control Board an original and nine copies each of an ENTRY
OF
APPEARANCE
OF J.
RANDLE
SCHICK
and
PETITION FOR REVIEW OF
AGENCY DETERMINATION REGARDING
BUDGET AMENDMENT #O&1 OF
THE SITE INVESTIGATION BUDGET AND THE CORRECTIVE ACTION
PLAN,
copies ofwhich are herewith served upon you.
Respectfully submitted,
Dated: February 17, 2004
J. Randle Schick
Of Counsel
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
GREAT LAKES DREDGE &
DOCK COMPANY,
Petitioner,
By:
J. ,~le S~ick
)
)
)
v.
STXE OF ILLINOIS
Po~jflControl Board
)
PCBNo.____
)
)
)
THIS FILING SUBMITTED ON RECYCLED PAPER
CERTIFICATE OF SERVICE
I, J. Randle Schick, the undersigned, certify that I have served the attached
ENTRY OF APPEARANCE OF J. RANDLB SCHICK and PETITION FOR REVIEW
OF AGENCY DETERMINATION REGARDING BUDGET AMENDMENT #001 OF
THE SITE INVESTIGATION BUDGET AND THE CORRECTIVE ACTION PLAN
upon:
Ms. Dorothy M, Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
by depositing said documents in the United States Mail in Springfield, Illinois, postage
prepaid, on February 17, 2004.
J. R~1eSchick
GLDD:OO1/FiIfNOF
—
Petition for Review
RECE WED
CLERK’S OFFICE
FEB 23 2004
BEFORE THE ILLINOIS POLLUTION CONTROL~~F ILLINOIS
Pollution Control Board
GREAT LAKES DREDGE &
)
DOCK COMPANY, a New Jersey
)
Corporation,
)
)
Petitioner,
)
IJtf’)
v.
)
PCBNo. b~t
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ENTRY OF APPEARANCE OF J.
RANDLE
SCHICK
NOW COMES J. Randle Schick, ofthe law firm ofHODGE DWYER ZEMAN,
and hereby enters his appearance on behalfofPetitioner, GREAT LAKES DREDGE &
DOCK COMPANY.
Respectfully submitted,
GREAT LAKES DREDGE &
DOCK COMPANY,
Petitioner,
By:_______
J. Ra~eSchick
Dated: February 17, 2004
f
J. Randle Schick
Of Counsel
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
GLDD:OO1/Fil/EOA
-
JRS
RECE~VED
CLERK’S OFFICE
FEB 232004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
b
lATE OF
ILLINOIS
Pollution Control Board
GREAT LAKES DREDGE &
)
DOCK COMPANY, a New Jersey
)
Corporation,
)
)
Petitioner,
)
v.
))
PCBNo.
ô143
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR REVIEW OF AGENCY DETERMINATION
REGARDING BUDGET AMENDMENT #001 OF THE SITE
INVESTIGATION BUDGET AND THE CORRECTIVE ACTION PLAN
NOW COMES Petitioner, GREAT LAKES DREDGE & DOCK COMPANY
(“Petitioner”), by and through its attorneys, HODGE DWYER ZEMAN, and pursuant to
Sections 40 and
57.7(c)(4)(D)
of the Illinois Environmental Protection Act (“Act”) (415
ILCS 5/40 and
5/57.7(c)(4)(D)),
and 35 Ill. Admin. Code Part 105, hereby requests
review ofthe decision by the Respondent, Illinois Environmental Protection Agency
(“Agency”), regarding Petitioner’s Amended Site Investigation Budget and Corrective
Action Plan. In support of this Petition, the Petitioner states as follows:
1.
Petitioner is the owner of certain property located at 9320 South Ewing
Avenue, Chicago, Illinois, hereinafter referred to as “the site.”
2.
Petitioner is the owner of underground storage tanks (“USTs”) formerly
located at the site.
1
3.
On October 3, 2003, Petitioner submitted its Budget Amendment #001 to
the Site Investigation Budget for Leaking Underground Storage Tank (“LUST’) Incident
No.
921587.
4.
By letter dated January 14, 2004, the Agency rejected the Budget
Amendment #001 Site Investigation Budget. (The Agency’s letter is attached as Exhibit
A). The letter further stated that “An undergro~ncls~tQragtk
system ~wiier~r_
-
operator may appeal this decision to the Illinois Pollution Cpntrol Board.”
5.
On October 24, 2003, Petitioner submitted its Corrective Action Plan for
LUST Incident No. 921587.
6.
By letter dated February 9, 2004, .the Agency rejected the Corrective
Action Plan. (The Agency’s letter is attached as Exhibit B). The letter further stated that
“An underground storage tank system owner or operator may appeal this decision to the
Illinois Pollution Control Board.”
7.
Petitioner is seeking review ofthe Agency’s January 14, 2004,
determination rejecting Petitioner’s Budget Amendment #001 to the Site Investigation
Budget and of the Agency’s February 9, 2004, determination rejecting Petitioner’s
Corrective Action Plan for the above-referenced LUST incident. The Agency’s
determinations are arbitrary, capricious, and without statutory authority. Furthermore,
the Agency is bound on review by its cited reasons.
WHEREFORE, for the above and foregoing reasons, Petitioner, GREAT LAKJ~S
DREDGE & DOCK COMPANY, respectfully requests that the Illinois Pollution Control
Board grant the following relief:
2
1.
Find that the Agency’s January 14, 2004, and February 9, 2004, decisions
are arbitrary and capricious, and without statutory authority;
2.
Reverse the Agency’s decisions rejecting Petitioner’s Budget Amendment
#001 to the Site Investigation Budget and the Corrective Action Plan;
3.
Remand this matter to the Agency with instructions to approve the Budget
Amendment #001 of the Site Investigation Budget and Corrective Action Plan as
submitted, as provided by the Act, but not inconsistent with the Illinois Pollution Control
Board’s order;
4.
Award Petitioner reasonable attorney’s fees and expenses incurred in
bringing this action; and
5.
Award such further relief as deemed just and equitable in these premises.
Respectfully submitted,
GREAT LAKES DREDGE &
DOCK COMPANY,
Petitioner,
By:______
J. Ra~4~Schick
Dated: February 17, 2004
J. Randle Schick
Of Counsel
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
GLDD:OO1/Fil/Petition for Review
3