RECE~V~D
BEFORE THE POLLUTION CONTROL BOARD
CLERK’S OFFICE
OF THE STATE OF ILLINOIS
MAR 12200k
KELLER OIL
I
CENTRALIA
)
)
STATE OF ILLINOIS
Petitioner,
)
Pouution Control Board
/1
))
PCBo4-1~)(cUST
Fund Appeal
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
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
PLEASE TAKE
NOTICE
that on March 12, 2004, filed with the Clerk ofthe Illinois
Pollution Control Board of the State of Illinois an original, executed copy of a Petition for
Reviewof Illinois Environmental Protection Agency Decision.
Dated: March 12, 2004
Respectfully submitted,
L.
Keller Oil Company
By:
Q
J~
One ofIts Atto
ys
Carolyn S. Hesse
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
209306v1
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:
JohnKim
Special Assistant Attorney General
Illinois
Environmental Protection
Agency
1021 North GrandAvenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
from One North Wacker Drive, Suite 4400, Chicago, Illinois, before the hour of 5:00 p.m., on
this 12th Day ofMarch, 2004.
Carolyn S. He~~
This filing submitted on recycled paper as defined in 35
III.
Adm. Code 101.202
2
LERK S
OFFICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
MAR
122004
KELLER OIL
I
CENTRALIA
)
)
Petitioner,
)
)
v.
)
PCBO4-/
)
UST Fund Appeal
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR REVIEW OF ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY DECISIONS
L. Keller Oil Company by its attorney, Carolyn S. Hesse of Barnes & Thornburg,
pursuant to the Illinois Environmental Protection Act, 415 ILCS 511
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.
L. Keller Oil Company (“Keller”) owned underground storage tanks (USTs) at
property operated as Smith Shell located at 900 South Locust, Centralia, Marion
County, Illinois. The site was a gasoline service station known as Smith Shell
that had underground storage tanks (USTs) on the property, which stored gasoline
and diesel fuel.
2.
LUST Incident Number 880933 was obtained following a site investigation.
3.
On February
5,
2003, the Agency received Keller’s request for reimbursement of
costs from the Illinois Underground Storage Tank Fund (the “Request”) for the
period from November 1, 2001 to August 31, 2002 in the amount of $121,028.79.
This
filing submitted on recycled paper as defined in 35 III. Adm. Code 1O1.202J
4.
The Agency denied certain costs in the Request in a letter dated February
13, 2004, a copy ofwhich is attachedhereto as Exhibit A.
5.
Keller is appealing this February 13, 2004 denial because the Agency denied
certain costs by claiming that the owner/operator failed to demonstrate that certain
costs were reasonable.
6.
Keller 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.
IThis filing submitted on recycled paper as defined in 35 III. Adm. Code 1O1.202J
WHEREFORE, L. Keller Oil Company respectfully requests that the Board enter an
order that will proyide 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,
L. Keller Oil Company
By:
____________
OI~eofItsAttd~neys
Carolyn S. Hesse, Esq.
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)357-1313
2008982v1
fThis
filing submitted on recycled paper
as
defined in 35 III. Adm. Code 101.2021
~i
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PAGE
~2
O
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVE~L:~EAST. P.O.
Bo~
19276. 5P~!.\GFiELD.
kLJNOIS
b279~927G
JA.~sR. TkOM~SONC~TER,100 WEST RANDOLPN, S’~’ITE11-300. CHICA~(’),
ii.
60601
ROD
R.
BLAGOJE\’ICH, GOVERNOR
RENEE OPRIANQ. DIRECTOR
217/782-6762
.
~;~no’
• FEB 13 2fl04
LB~O~-~_j
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L. Keller Oil Company
Attn: Joe Henry
P0 Box 571
Carlinville, Illinois 62626
Re:
LPC#1214225027--MarionCounty
CentralialKeller Oil
900 South Locust
LUST Incident #880933
LUST FISCAL FILE
-
Dear Mr. Henry:
The Agency has completed the review of the 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 November 1,2001 to August 31, 2002. The amount requested
was $121,028.79.
The deductible amount forthis claim is $50,000.00. The costs from the claims received by the
Agency on August 9, 1999 for $21,314.28 and August 20, 1999 for $23,017.47 were applied to
the deductible. The balance ofthe deductible;
$5,668.25
was deducted from the claim received
by the Agency on November 8, 1999 for
$77,609.50.
Listed in Attachment A are costs which are
not being reimbursed from this request. and the reasons these costs are not being reimbursed.
On February
5,
2003, the Agency received your complete request for payment for this claim. As
a result ofthe Agency’s review of this claim, a voucher for $107,704.29 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 been/are 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
Board
(Board)
tank ownerpursuantor operatorto
Sectionmay22.18b(g)appeal
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Page 2
hearing within 35 days afterthe date ofissuance 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. Ifthe owner or
operator wishes to receive a 90-day extension, a written request that includes a statement of the
date the.fmal 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 of an appeal, please contact:
___________________
Dorothy Gunn, Clerk
illinois Pollution Control Board
~.
. .,
C...
State of Illinois 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
If you. have any questions, please contact Catherine S. Elston of my staff at
217/782-6762.
Sine
y,
Do~fasE. Oakley, Manager
LUST Claims Unit
Planning & Reporting Section
Bureau ofLand
DEO:CSE:bjh\043254.doc
Attachment
cc:
CW3M
Q(ZtJ~J’4
tJ~4f
~
r~
~q
AttachmentA
1RP~~IVi-si)
Technical Deductions
•
~~uO4
Re:
LPC#1214225027--MarionCounty
.
___
Centralia/Keller Oil
900 South Locust
LUST Incident No. 880933
LUST FISCAL FILE
Item #
fl~scriptionofDeductions
1.
Sl0,862.50 deduction for an adjustment in Bio-Sllurry costs due to a lack of supporting
documentation (Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).
The owner/operator also failed to demonstrate were reasonable (Section
22.1 8b(d)(4)(C) of the Environmental Protection Act).
KEK
Attachment A
Accounting Deductions
Re:
LPC #1214225027--Marion County
~
G~vL~-
Centralia/Keller Oil
.
.
~
900 South Locust
LUST Incident No. 880933
LUST FISCAL FILE
Item #
Description ofDeductions
$2,462.00,
deduction in costs that the owner/operator failed to demonstrate were
reasonable (Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).
CW3M invoice for 11/01-30/01
Rate for Field Coordinator is not reasonable -
$49.50
Rate for Per diem is not reasonable
-
$50.00
Rate for mobilizationldemobjlization is not reasonable
-
$300.00
Rate for Operator & Trackhoe is not reasonable - $120.00
Rate for Flatbed Trailer is not reasonable- $15.00
CW3M invoice for 12/01
-~
1/,01
Rate for Field Coordinator is not reasonable - 5401.50
Rate for Per diem is not reasonable
-
$90.00
Rate for mobilization/demobilization is not reasonable
-
$700.00
Rate for Operator & Trackhoe is not reasonable
-
$336.00
CW3M invoice for 01/01-31/02
Rate for mobilization/demobijizatiori is not reasonable - $400.00
DEO:CSE:bjh\043254.doc