NOTICE OF FILING
Swearingin Amoco
BEFORE THE POLLUTION CONTROL BOARDOF THE STATE OF ILLINOIS
CERTIFICATE OF SERVICE
BEFORE THE POLLUTION CONTROL BOARD
PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY DECISIONS
Swearingin Amoco

CW~M CornnanvEnvironmental Consulting Services

SWEARINGIN AMOCO,

Petitioner,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

)

PCB04-I~)’

)

UST Fund Appeal

)

NOTICE OF FILING

TO:

John

Kim

Special Assistant Attorney General

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box

19276

Springfield, Illinois 62794-9276

Carol Sudman

Hearing Officer

Illinois Pollution Control

Board

1021

North Grand Avenue East

P.O. Box

19274

Springfield, Illinois

62794-9274

PLEASE TAKE

NOTICE

that

March

2004,

filed with

the

Clerk of the Illinois

Pollution

Control

Board

of the

State

Illinois

original,

executed

copy

of a

Petition

for

Review of Illinois Environmental Protection Agency Decision.

Dated:

March

9, 2004

Carolyn S. Hesse

Barnes

& Thornburg LLP

One North Wacker Drive

Suite 4400

Chicago, Illinois 60606

(312)

357-1313

208833’vI

Respectfully submitted,

Swearingin Amoco

By:

One ofIts Att

neys

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

~tc2

c:~

IL°

This

filing submitted on recycled paper as defined in 35

III.

Adm. Code

101.202

CERTIFICATE OF SERVICE

Carol Sudman

Hearing Officer

Illinois Pollution Control Board

1021

North Grand Avenue East

P.O. Box

19274

Springfield,

Illinois 62794-9274

from One North Wacker Drive,

Suite 4400,

Chicago, Illinois,

before the hour of 5:00

p.m.,

this

9th

Day of March, 2004.

Carolyn

S. H~se

This

filing

submitted on recycled paper as defined in

Ill. Adm. Code

10 1.202

oath

state

that

have

served

the

attached

Petition

for

Review

Illinois

Environmental ProtectiOn Agency Decisions by placing

a copy in an envelope addressed to:

John Kim

Special Assistant Attorney General

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box

19276

Springfield, Illinois

62794-9276

•0

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

SWEARINGIN AMOCO,

)

o~.

Petitioner,

)

~-‘~

___y’

)

PCB04-I~

)

UST Fund Appeal

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY DECISIONS

Swearingin Amoco by its attorney,

Carolyn

Hesse of Barnes & Thornburg, pursuant to

the

Illinois

Environmental

Protection

Act,

415

ILCS

5/1

et.

seq.

(the

“Act”)

and

Illinois

Administrative

Code

Section

105.400

et.

seq.,

hereby

appeals certain decisions

the

Illinois

Environmental Protection Agency (the “Agency”).

Swearingin

Services,

Inc.

does business

Swearingin

Amoco

(“Swearingin”)

and is

the owner of property located at

503

South

State

Street, Jerseyville,

Jersey

County,

Ilinois.

The

site

gasoline

service

station

known

Swearingin

Amoco

that has underground

storage tanks

(USTs) on

the

property,

which

store

gasoline and diesel fuel.

LUST Incident Number 830255015 was obtained following a site investigation.

On March

2003,

the Agency received Swearingin’s

request for reimbursement

of costs from the Illinois

Underground Storage Tank Fund (the “Request”)

for the

period from July

1996 to August 31,

1996, in the amount of $33,933.52.

The Agency denied certain costs

in the Request in a letter dated February

3, 2004,

a copy ofwhich is attached hereto as Exhibit A.

This

filing submitted

on recycled

paper as

defined

in 35

III. Adm. Code

101 .2021

Swearingin

is appealing

this

February 3, 2004

denial because the Agency

denied

certain costs

by claiming that the owner/operator failed to demonstrate that certain

costs were reasonable.

Swearingin

disagrees

with

the

Agency’s

decision

and

believes

that

the

costs

submitted

for reimbursement

are corrective

action

costs,

are reasonable

and are

the

types

costs

that

are

eligible

for

reimbursement

under

the

Act

and

implementing regulations.

The

Agency’s

letter

denying

reimbursement,

Exhibit

provides

further

explanation of the Agency’s reasons or bases for denial

that

could aid Petitioner

in setting

forth its

grounds of appeal.

Nevertheless, the Agency’s denial

is a final

decision that Petitioner must appeal to the Board

in order to preserve and

enforce

Petitioner’s right to reimbursement under the UST Fund.

WHEREFORE,

Swèaringin Services, Inc., d/b/a Swearingin Amoco respectfully requests

that the Board

enter an

order that will provide that it be

reimbursed from the UST Fund for its

submitted costs and for its

attorneys fees

and costs

in bringing this appeal.

Respectfully submitted,

Swearingin Amoco

By:

CftJ

OneofltsAtt

eys

Carolyn S.

Hesse, Esq.

Barnes & Thornburg LLP

One North Wacker Drive

Suite 4400

Chicago, Illinois 60606

(312) 357-1313

208795v1

IThis filing submitted on recycled paper as definedin 35 III. Adm. Code 101.202J

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH GRAND AVENUE

EAST,

P.O.

Box 19276,

SPRNGFIELD,

ILLINOIS

62794-9276

JAMES

THOMPSON

CENTER,

100

WEST

RANDOLPH,

SUITE

11-300,

CHIcAGO,

60601

ROD

BLAGOJEVICH,

GOVERNOR

RENEE

CIPRIA1~O,DIRECTOR

217/782-6762

Ft.B

2004

,:.~

Swearingin Services, Inc.

Attn:

Ronald Swearingin

P.O.

Box

571

Carlinville, Illinois

62626

Re:

LPC#0830255015--JerseyCounty

Jerseyville/Swearingin Service

503

South State

Street

•

LUST

Incident #90 1084

LUST FISCAL FILE

Dear

Mr. Swearingin:

The Agency

has completed the review ofthe request for reimbursement of corrective action costs

from the Illinois Underground Storage Tank Fund for the above-referenced facility.

The invoices

reviewed covered the period from July

1996

to August 31,

1996.

The amount requested was

The deductible amount for this claim is

$1 O,00000, which was previously deducted from the

InvoiceVoucher dated December

17,

1990.

Listed in

Attachment A are the costs

which are not

being reimbursed from this request and the reasons these costs are not being reimbursed.

On March 4, 2003, the Agency received your complete request for payment for this claim.

result ofthe

Agency’s review of

this claini, a

voucher for $28,702.02 will be prepared for

submission to the Comptroller’s Office for payment as funds become available based upon the

date the Agency received your complete request for payment of this claim.

Subsequent claims

that have beenlare submitted will be processed based

upon the date complete subsequent billings

requests are

received

by the Agency.

This

constitutes the Agency’s final action with regard to the above invoices.

An underground

storage tank owner or operator may appeal

this final decision to the Illinois Pollution Control

Board

(Board) pursuant to

Section

22.1 8b(g) and

Section 40

ofthe Act by filing

a petition for a

hearing within 35

days after the date of issuance of the final decision.

However, the 35-day

period may be

extended for

a period of time

not to

exceed 90 days by written notice from the

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Page2

owner 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 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:

Dorothy Gunn, Clerk

Illinois Pollution Control Board

R1~C’.VT\TED

State ofIllinois Center

FEF~

?~fl4

100 West Randolph, Suite 11-500

Chicago, Illinois 60601

312/814-3620

For information regarding the filing of an extension, please contact:

Illinois Environmental Protection Agency

Division of Legal Counsel

1021

North Grand Avenue East

Springfield, Illinois 62794-9276

217/782-5544

If you have any questions, please contact Bambi Redpath

of my staff or Karl Kaiser of the

technical staff at 217/782-6762.

Sincerely,

Douglas E.

Oakley, Manager

LUST Claims Unit

Planning & Reporting Section

Bureau of Land

DEO:BR:mls\04336 1 O.doc

Attachment

cc:

CW3M

Attachment A

___________________

Technical

Deductions

•

:-~~i4

?•004

Re:

LPC #0830255015

Jers~y

County

___

—

Jerseyville/Swearingiñ

Service

503

South State

Street

LUST Incident No.

901084

LUST FISCAL

FILE

ltern#

Description of Deductions

52,204.00,

deduction in excessive groundwater treatment system costs that the

owner/operator failed to

demonstrate were reasonable (Section 22.18b(d)(4)(C) of the

Environmental

Protection Act).

S3,027.50, deduction

in excessive groundwater treatment system operation

and

maintenance costs that the owner/operator

failed to

demonstrate were reasonable

(Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).

KEK

CW~M

Cornnanv

Environmental Consulting Services

March 3,

2003

Mr.

Doug Oakley, Manager

LUST Claims

Unit,

Bureau of Land

Illinois Environmental Protection Agency

1021

North Grand Avenue

East

Springfield,

Illinois

62794-9276

RE:

LPC #0830255015—Jersey

County

Jerseyville/Swearingin Services, Inc.

503

South State Street

LUST Incident #90-1084

LUST FISCAL FILE

Dear Mr. Oakley:

Enclosed, please find two copies of a reimbursement request previously submitted on

October 31,- 1996

for the above referenced site.

This request covers the time period of July

1996 through August

31,

1996.

While doing research into the status

of previously

submitted reimbursement requests for Swearingin Services,

it was brought to

our attention

•

that

although this

request had been submitted

to the Illinois Environmental Protection

Agency

(IEPA), it was not listed on the LU-ST database.

After

a subsequent

discussion

with Mr..

Karl

Kaiser,

we confirmed that this reimbursement request could riot be located.

Therefore,

on behalf of Swearingin Services,

Inc.,

we respectfully request review of this

reimbursement request.

The original forms were included with the

original request.

Should you have any questions or need

additional information, please contact our office at

your-earliest

convenience.

We may

be reached at (217) 522-8001.

Thank you for your

assistance.

xc:

Mr.

Ron Swearingin,

Swearingin

Sen’ices, Inc.

Mr.

William T.

Sinnott,

CW3M Company,

Inc.

Epacor45 .doc

701

South

Grand Avenue

Springfield, IL

62704

(217)

522-8001

515

Cypress Road,

P.O. Box 513

Dongola,IL

62926

(618) 937-3219

701 W. South

Grand Avenue

Springfield, IL 62704

Phone:

 (217) 522-8001

Fax:

 (217) 522-8009

Senior Environmental

Geologist

Enclosure