HANNEL OIL COMPANY,
Petitioner,
ILLD~OIS
ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
RECE~VED
CLERK’S OFFICE
)
STATE OF ILLINOIS
)
Pollution Control Board
)
4.
)
PCB 04-)~
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
on March
12,
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 Decisions.
Dated:
March 12, 2004
Respectfiully submitted,
Hannel Oil Company
Carolyn S. Hesse
Barnes
& Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)357-1313
176732v1
By:
One ofltsAtto
eys
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE
OF.ILLINOIS
V.
MAR
1
2
2004
This
filing submitted on recycled paper
as defined in 35
Iii. Adm. Code
101.2021
RECEWED
CLERK’S OFFICE
MAR
12
200k
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
12th
Day of March, 2004.
~
Carolyn S. He~~e
This
filing submitted
on recycled paper as defined in 35
III.
Adm. Code
101.202
CERTIFICATE OF SERVICE
STATE OF ILLINOIS
Pollution Control Board
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:
2
RECEIVED
BEFORE THE POLLUTION CONTROL
BOARD
CLERK’S
OFFICE
OF THE STATE OFILLINOIS
.
MAR
12200k
IJANNEL OIL COMPANY,
).
.
.
STATE OF ILLINOIS
Pollution
Control Board
Petitioner,
v.
)
PCB04-1~
)
USTFundAppeal
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY DECISIONS
Hannel
Oil
Company,
Inc.
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.
Hannel
Oil Company,
Inc.
does business at property located at
802
West Morton,
Jacksonville,
Morgan County,
Illinois as Hannel’s Amoco.
The site is
a gasoline
service station that has underground storage tanks
(USTs)
on the property, which
store gasoline and
diesel fuel.
2.
LUST
Incident Number
930437 was obtained following a site investigation.
3.
On October 8,
2003, the Agency received Hannel’s request for reimbursement of
costs
from
the
Illinois
Underground
Storage Tank
Fund (the
“Request”)
for the
period from August
1, 2002 to November 30,
2002, in the amount of $14,953.72.
4.
The
Agency
denied
certain
costs
in
the
Request
in
a
letter
dated
February 23, 2004, a copy of which is attached hereto as Exhibit A.
IThis
filing submitted
on recycled paper
as
defined
in 35
III.
Adm. Code
101.2021
5.
Hannel
is
appealing this
February
23,
2004
denial because
the Agency
denied
certain costs by
claiming that the owner/operator failed to demonstrate that certain
costs were
reasonable and as an adjustment in stock supplies charges.
6.
Hannel 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 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, Hannel
Oil
Company,. Inc.
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,
Hannel Oil Company
By:
~
One ofIts Att6~neys
Carolyn S. Hesse, Esq.
Barnes & Thorriburg
One North Wacker Drive
Suite4400
Chicago, Illinois 60606
(312)357-1313
209271v1
IThis filingsubmitted on recycled paper asdefined in35
Ill. Adm. Code 101.2021
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND AVENUE
EAST,
P.O. Box
19276,
SPRINGFIELD, ILLINOIS
62794-9276,
217-782-3397
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH, SUITE
11-300,
CHICAGO,
IL 60601, 312-814-6026
Rop
R.
BLAG0JEvIcH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/782-6762
FEB23
20Q4
Hannel Oil
Company, Inc.
Attention:
E. Dean Hannel
Post Office Box 571
Carlinville, IL
62626
Re:
LPC #1370200032
--
Morgan County
Jacksonville/HannePs Amoco
802 West Morton
-
LUST Incident #93 0437
LUST FISCAL FILE
Dear Mr. Hannel:
The Agency has completed the review of the 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 August
1, 2002 to November 30, 2002.
The amount requested
was $14,953.72.
The deductible amount for this claim is $10,000.00, which was previously deducted from the
Invoice Voucher dated February
8,
1999.
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 October 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 $7,224.39 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 pay~ientof 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 22.18b(g) and Section
40
of the Act by filing
a.petition for a
hearing within
3-5 days after the date ofis~uanceofthe finaldecisiori.
However, the 35-day
period may be
extended for a period of time 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
ROCKFORO
—4302
North Main Street,
Rockford,
IL 61103
—(815) 987-7760
•
DES
PLAINES
—9511
W. Harrison
St.,
Des
Flames,
IL 60016— (847)
ELGIN
—
595
South State,
Elgin,
IL 60123
—
(847) 608-3131
•
PEORIA —5415
N. University SI:,
Peoria,
II
61 614 —(309)
693-5463
EXHIBIT
BusEAu
OF
Lr’~o
-
PEORIA
—
7620 N. University
St.,
Peoria,
IL 61614 —(3091 693-5462
•
CHAMPAIGN
—2125
South First Street, Champaign,
IL 61820—)
SPRtN~UFIELO
—
45005.
Sixth
Street
Rd.,
Springfield,
IL
62706—
(217)
786-6892
•
COLLINSVILLE
—2009 MalI
Slreet,
Collinsville,
IL 62234—1618) 3
MARION
—2309W.
Main
St.,
Suite 116, Marion,
IL 62959—1618)993-7200
Page 2
operator wishes to receive a 90-day extension, a writtenrequest 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 soon as 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 ofLegal
Counsel
-
1021
North Grand Avenue East
Springfield, Illinois
62794-927.6
217/782-5544
‘2..::,
Ifyou
have any questions,
please contact Kevin Mably of my staff at 217/782-6762.
Since
y,
Doug~.s E.
Oakley, Manager
LUST Claims Unit
Planning & Reporting Section
Bureau ofLand
DEO:KM:jk\043 225 .doc
Attachment
cc:
CW3M Company
Attachment A
Accounting Deductions
Re:
LPC #1370200032
--
Morgan County
Jacksonville/Hannel’s Amoco
802 West Morton
LUST Incident #93 0437
LUST FISCAL FILE
Item #
DescriptionofDeductions
~1\7ED
I
~-r:J~
~
?0fl4
J~7.
~
~
.
—-
1.
$29.33,
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
8-02
10-02
10-02
$4.00
Stock items
$17.33
Equipment
$8.00
Stock items
2.
$7,700.00, deduction for an adjustment in stock supplies charges (Section
22.1 8b(d)(4)(C) ofthe Environmental Protection Act).
CW3M Company-Invoice dated
8-02
$3,300.00
Justification and
documentation for the cost
ofBio-Slurry/Inoculation’
Batch (invoice) must be
submitted and the cost should
not be submitted as a “stock”
item
11-02
$4,400.00
$7,729.33
Total Accounting Deductions
Justification and
documentation for the cost
of Bio-Slurry/Inoculation
Batch (invoice)
must be
submitted
and the cost should
not be
submitted as a “stock”
item
DEO:KM:jk\043225 .doc