BEFORE THE POLLUTION CONTROL BOARD
MAR 112004
OF THE STATE OF ILLINOIS
SWEARINGIN AMOCO,
)
)
Petitioner,
)
)
PCBO4-
)
UST Fund Appeal
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF FILING
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 on March 11, 2004, filed with the Clerk of the Illinois
Pollution Control Board of the State of Illinois an original, executed copy of a Petition for
Review ofIllinois Environmental Protection Agency Decision.
Dated: March 11, 2004
Respectfully submitted,
Swearingin Amoco
Carolyn S. Hesse
Barnes & ThornbUrg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)
357-1313
208833v1
By:
O~ieof Its Att~ys
RECEIVED
CLERK’S OFFICE
v.
STATE OF ILLINOIS
Pollution Control Board
TO:
This filing submitted on recycled paper as defined in 35 III. Adm. Code 101.202
CERTIFICATE OF SERVICE
I, on oath state that I have served the attached Petition for Review• of 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
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., on
this 11th Day ofMarch, 2004.
Carolyn S. Hess
This filing submitted on recycled paper as defined
in 35
Ill. Adm. Code 101.202
2
BEFORE THE POLLUTION CONTROL BOARD
R E C E IV E D
OF THE STATE OF ILLINOIS
CLERK’S OFFICE
SWEARINGIN AMOCO,
)
MAR 112004
Petitioner,
)
STATE OF ILLINOIS
v.
)
) PCBO4-
_-t
I
pollution Control Board
) USTFund Appeal
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY DECISIONS
Swearingin Amoco by its attorney, Carolyn S. Hesse of Barnes & Thornburg, pursuant to
the Illinois Environmental Protection Act, 415 ILCS 5/1
et. seq.
(the “Act”) and
35
Illinois
Administrative Code Section 105.400
et. seq.,
hereby appeals certain decisions by the Illinois
Environmental Protection Agency (the “Agency”).
1.
Swearingin Services, Inc. does business as Swearingin Amoco (“Swearingin”)
and is the owner ofproperty located at 503 South State Street, Jerseyville, Jersey
County, Ilinois. The site is a gasoline service station known as Swearingin
Amoco that has underground storage tanks (USTs) on the property, which store
gasoline and diesel fuel.
2.
LUST Incident Number 830255015 was obtained following a site investigation.
3.
On July 8, 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 1, 2000 to February 1, 2001, in the amount of
$25,578.92.
4.
The Agency denied certain costs in the Request in a letter dated
February 11, 2004, a copy of which is attached hereto as Exhibit A.
This
filing
submitted on recycled paper as defined in 35 III. Adm. Code 101.2021
5.
Swearingin is appealing this February 11, 2004 denial because the Agency denied
certain costs by claiming that the owner/operator failed to demonstrate that certain
costs were reasonable.
6.
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 of costs that are eligible for reimbursement under the Act and
implementing regulations.
7.
The Agency’s letter denying reimbursement, Exhibit A, provides no further
explanation of the Agency’s reasons or bases for denial that could aid Petitioner
in setting forth its grounds ofappeal. 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, Swearingin 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:
~
One of Its Atth~neys
Carolyn S. Hesse, Esq.
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(3 12) 357-1313
208844v1
This filing submitted on recycled paper as defined in 35 III. Adm. Code 101.202
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND A\’ENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62 794-9276
JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601
ROD R. BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
217/782-6762
IP~r’FI\TFDI
FEB 11 2004
FEB 1 3 2004
Swearingin Services, Inc
k~c~
____________
J
Attn: Ronald Swearingin
P.O. Box 571
Carlinville, Illinois 62626
Re:
LPC #0830255015
--
Jersey County
Jerseyville/Swearingin Amoco
503 South State Street
LUST Incident #901084
LUST FISCAL FILE
Dear Mr. Swearingin:
The Agency has completed the review ofthe request for reimbursement ofcorrective action costs
from the Illinois Underground Storage Tank Fund for the above-referenced facility. The
invoices reviewed covered the period from July 1, 2000 to February 1, 2001. The amount
requested was $25,578.92.
The deductible amount for this claim is $10,000.00, which was previously deducted from the
Invoice Voucher dated December 18, 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 July 8, 2003, the Agency received your complete request for payment for this claim. As a
result ofthe Agency’s review ofthis claim, a voucher for $21,715.24 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 ofthis 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 ofthe final decision. However, the 35-day
period may be extended for a period oftime not to exceed 90 days by written notice from the
owner or operator and the Illinois EPA within the initial 35-day appeal period. If the owner or
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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
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
R1~nF.T\TEi~
L~EI~i:i.200~i
If you have any questions, please contact Kevin Mably ofmy staff or Karl Kaiser of Cliff
Wheelers staff at 217/782-6762.
Sinc
ly,
Do,~g~sE. Oakley, Manager
LUST Claims Unit
Planning & Reporting Section
Bureau ofLand
DEO:KM:bjh\04329 1 0.doc
Attachments
cc:
CW3M Company
Attachment A
Accounting Deductions
•
1~T\TED
Re:
LPC #0830255015
--
Jersey County
•
I
,~
~. ~
Jerseyville/Swearingin Amoco
•
•
I
-.
~
LJO4
503 South State Street
LUST Incident No. 901084
--
LUST FISCAL FILE
Item#
Description ofDeductions
$537.11,
deduction in costs that the owner/operator failed to demonstrate were
reasonable (Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).
CW3M Company—Invoice dated 8/00
$41.00 Equipment
8/00
$37.99 Handling on denied costs
8/00
$10.30 No handling invoice bill
direct to 0/0
8/00
$380.00 Advanced Env. Drilling
9/00
$24.56
No handling invoice bill
direct to 0/0
10/00
$11.72 No handling invoice bill
direct to 0/0
11/00
$11.46 No handling invoice bill
direct to 0/0
12/00
$20.08 No handling invoice bill
direct to 0/0
$537.11 Total Accounting Deductions
DEO:KM:bjh\043291 0.doc
Attachment A
Technical Deductions
Re:
LPC #08302550 15
--
Jersey County
Jerseyville/Swearingin Amoco
503 South State Street
LUST Incident No. 901084
LUST FISCAL FILE
Item #
Description ofDeductions
1.
$3,326.57, deduction in excessive groundwater treatment system operation and
maintenance costs that the owner/operator failed to demonstrate were reasonable
(Section 22. l8b(d)(4)(C) ofthe Environmental Protection Act).
DIEO:KM:bjh\0432910.doc
~E.B
i32004
•~