RECE~VE~
•
CLERK’S OFFICE
MAR
122004
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
STATE
OF
ILLINOIS
•
Pollution Control Board
JOE’S MOBIL,
)
)
Petitioner,
)
v.
)
PCBO4-1~
)
(UST Appeal)
ILL~NOIS
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 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 12, 2004
Respectfully submitted,
Joe’s. Mobil
By:
~
J~
/~f
One of Its A4,brneys
Carolyn S. Hesse
Barnes
& Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois
60606
(312) 357-1313
209535v1
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 Grand Avenue 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~e
This
filing submitted on recycled paper as defined in 35
III. Adm. Code 101.202
2
•
•
•
~ECEIV~ED
•
CLERK’S OFFiCE
•
BEFORE THE POLLUTION CONTROL BOARD
•
OF THE STATE OF ILLINOIS
•
‘~“~
12
2004
•
•
•
•
•
STATE OF ILLiNOIS
JOE’S MOBIL,
•
•)
•
Pollution Control Board
)
Petitioner,
)
)
PCB
04-/
)
(UST Appeal)
ILLTh~OISENVIRONMENTAL
)
PROTECTION AGENCY,
•
)
Respondent.
)
PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTAL
•
PROTECTION AGENCY DECISION
•
Joes’ Mobil,
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.’
Joes
Mobil
is
the
owner of a
gasoline service
station
located
501
Witt
Street, Farmersville,
Montgomery County,
Illinois
(the “Station”).
This
gasoline
service
station
had
underground
storage tanks
(UST’s)
on
the
property, which stored gasoline and diesel fuel.
2.
LUST Incident Numbers 922767 and 20011334
were
obtained following a
site
investigation.
The
site
has
also
been
assigned
LPC
~l350200002-
Montgomery County.
3.
On October 20, 2003,
Joe’s Mobil
sent to
the Agency a Corrective Action
Plan Budget (“Budget”) for a Corrective Action Plan to
perform corrective
action at the Station.
4.
On October 22, 2003,
the Agency received the Budget.
IThis filing submitted on recycled paper
as
defined in 35
Ill. Adm. Code
101.202
5.
By
letter dated February
19,
2004, the Agency modified
the Budget.
See
•
Exhjbit A.
•
•
•
•
•
6.
The
Agency’s
letter
of
February
19,
2004.
provides
no
additional
information regarding why IEPA modified the Budget.
7.
The
Agency’s
February
19,
2004
letter
includes
an
attachment
labeled
appeal rights
as the Agency’s decision is a final decision, appealable to the
Illinois Pollution Control Board.
•WHEREFORE, Joe’s Mobil respectfully requests that the Board enter an order requiring
the Agency to
approve the Corrective Action Plan Budget and to allow the cleanup to proceed at
this
facility and for Joe’s Mobil’s
attorneys’ fees and
costs in bringing this appeal.
•
•
•
Respectfully submitted,
•
Joe’s Mobil
By:
cJ~
~
•
•
One ofIts Atto
ys
Carolyn
S. Hesse, Esq.
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
209533v1
EThis filing submitted on recycled paper as
defined
in 35 III. Adm.
Code 101.202
2
~•
•
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
•
ROD
R.
BLAGOJEVICI-I,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/782-6762
•
CERTIFIED MAIL
•
7002
ElSO
0000
1254
60~1
~i~2~k
•
Attn:
Joe
Tishkau
•
~‘Rf••
FT
VED
•
P.O. Box298
•
•
FEB
232004
Faimersville, Illinois
62533
Re:
LPC
#13 50200002
-
Montgomery County
•
Farmersville/Tishkau, Joe
•
501
WittSt.
LUST Incident No. 922767 & 20011334
LUST Technical File
•
Dear•Mr.
Tishkau:
The Illinois Environmental Protection
Agency (Illinois EPA) has reviewed the Corrective Action
Plan Budget (budget) submitted for the above-referenced incident.
This budget, dated October
20, 2003,
was received by the Illinois
EPA
on October 22, 2003.
Citations in this letter are from
•
the Environmental Protection Act (Act), as amended by Public Act 92-0554 on June 24, 2002,
and 35
Illinois Administrative Code (35
111.
Adm.
Code).
The budget is modified pursuant to
Sections
57.7(b)(3)
and 57.7(c) ofthe Act and 35 Ill. Adm.
Code
732.503(b).
Based on the modifications
listed
in Section
2 ofAttachment A, the amounts
listed
in Section
1 of Attachment A have been approved.
Please note that the costs must be
incurred
in accordance with the approved plan.
Be aware that the amount ofreimbursement may
he
limited
by Sections
57.8(d), 57.8(e),
and
57.8(g) ofthe Act,
as well as 35 Ill. Adm.
Code
732.606(s) and 732.611.
Please note that,
if the owner or operator agrees
with the Illinois EPA’s modifications,
si.~bmittal’
olan amended plan andlor budget, if applicable,
is not required (Section
57.7(c)(4)
of the Act
and
35
Ill. Mm.
Code
732.503(f)).
Additionally, pursuant to Section
57.8(a)(5)
ofthe Act, if
reimbursement will
be sought
for any additional costs
that may be incurred as a result of the
Illinois
EPA’s
modifications,
an amended
budget must be submitted.
NOTE:
Amended plans andlor budgets
must be
submitted and
approved prior to the issuance of
a
No Further Rernediation (NFR) Letter.
~Costsassociated with a plan or budget that has not
been approved prior to
the issuance of an NFR Letter will not be reimbursable.
Pursuant to
Sections 57.7(b)(5) and
57.12(c) and (d) of the Act and
35111.
Adm. Code 732.100
•
and 732.105
the Illinois EPA requires that a
Corrective Action Completion Report that achieves
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•
DIS
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IL 61614 —(309) 693-5463
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2125
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ILB1 820
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CuLLJ.~sv)LLt
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Page 2
compliance with applicable remediation objectives be
submitted within 30 days after completion
ofthe plan to:.
Illinois
Environm~ntalProtection Agency
•
Bureau ofLand
-
#24
Leaking Underground Storage Tank Section
1021
North Grand Avenue East
Post Office Box
19276
Springfield,
IL
62794-9276
Please submit all correspondence in duplicate and include the
Re: block shown
at the beginning
of
this letter.
Please note that,
if within four years after the approval ofthis plan, compliance with the
applicable remediation objectives has not been achieved arid a Corrective Action Plan has not
been submitted, the Illinois EPA requires the submission of a status report pursuant to
Section
57.7(b)(6)
ofthe Act.
An underground storage tank system owner or operator may appeal this
decision to the Illinois
Pollution Control Board.
Appeal rights are attached.
Ifyou have any questions or need further assistance, please contact Jay F. Gaydosh at 217-785-
0231.
Sincerely,
-
Hernando A. Albarracin
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
HAA:
JFG\922767
CAP Budget Review Letter
Attachment:
Attachment A
Appeal Rights
cc:
CW3M
Company
Division File
Attachment A
•Re:
LPC #1350200002
-
Montgomery County
f
~
~
~
2flflA
-
Farmersville/Tishkau, Joe
•
•
I
•
•~
~1
501
Witt St.
•
•
j.E3y:
C4t_-
LUST Incident No. 922767 & 20011334
LUST Technical File
Citations in this attachment are from the Environmental Protection Act (Act), as amended by
Public Act 92-0554 on June 24, 2002, and
35
Illinois Administrative Code
(35
III. Adm. Code).
SECTION
1
As a result ofthe fllinois EPA’s modification(s) in Section
2 ofthis Attachment A, the following
amounts have been approved:
SECTION
2
1.
5135.00
for an adjustment in
Investigation Costs.
The Illinois EPA has determined that
these costs are not
reasonable as submitted (Section
57.7(c)(3)
ofthe Act and 35 Ill.
Adm.
Code 732.606(hh)).
One ofthe overall
goals of the financial review is to
assure
that costs associated with materials, activities,
and services are reasonable
(35 Ill. Adm.
Code
732.505(c)).
Please note that additional
information and/or supporting
•
documentation may be provided to demonstrate the costs are reasonable.
2.
54,893.00
for an adjustment in
Analysis Costs.
The iliinois EPA ha~
determined that
these costs are
not reasonable as submitted (Section
57.7(c)(3)
ofthe Act and
35111.
Adrn. Code 732.606(hh)).
One ofthe overall
goals of the financial review is to assure
that
costs associated with materials, activities, and services are reasonable
(35 Ill. Adm.
Code 732.505(c)).
Please note that additional information and/or supporting
documentation may be provided to
demonstrate the costs
are reasonable.
-
3.
S49.038.00 for an adjustment in Personnel
Costs.
The Illinois EPAhas determined that
these costs are not reasohable as submitted (Section 57.7(c)(3) ofthe Act and
35111.
Adm.
Code
732.606(hh)).
One ofthe overall
goals of the financial review is to assure
that costs associated with materials, activities, and services are reasonable (35 Ill. Adm.
•
Code
732.5
05(c)).
Please note that additional information and/or supporting
•
documentation
may be
provided to
demonstrate the costs are reasonable.
S
4,990.00
5
13,082.00
S
22,240.00
$
891.00
5274,582.00
$
10,517.00
Investigation Costs
Analysis Costs
Personnel Costs
Equipment Costs
Field Purchases and
Other Costs
Handling Charges
PFn.FTVF~I
~
2~2OO4
Page2
~
4.
$175.00 for an
adjustment in Equipment Costs.
The Illinois EPA has determined that
these costs are not reasonable as submitted (Section
57.7(c)(3)
ofthe Act and 35111.
-
Adm.
Code 732.606(hh)).
One ofthe overall goals ofthe fmancial review is to assure
that costs
associated with materials, activities, and services are reasonable
(35
Iii. Adm.
-
Code
732.505(c)).
Please note that additional information and/or supporting
documentation may be provided to demonstrate the costs are reasonable.
5.
547,337.95
for an
adjustment in Field Purchases
& Other Costs.
The Illinois EPA has
determined that these costs are not reasonable as submitted (Section 57.7(c)(3) ofthe Act
and 35
Ill. Adm.
Code 732.606(hh)).
One ofthe overall
goals ofthe financial review is
to assure that costs associated with materials, activities,
and services are reasonable
(35
Ill. Adm.
Code 732.505(c)).
Please note that additional information arid/or. supporting
documentation may be provided to
demonstrate the
costs are reasonable.
6.
$1,321.05 for an adjustment in handling charges.
Handling charges are eligible for
payment only if they are equal to or less than the amount determined by the following
-
table
(Section
57.8(f)
of the Act and 35 Ill.
Adm. Code 732.607):
•
-
Subcontract or Field
Eligible Handling Charges as a
Purchase Cost:
Percentage of Cost:
$0-S5,000
12
55.001
-
$15,000
$600 plus
10
of amount over $5,000
$15.O01
-
$50,000
$1,600 plus 8
ofamount over $15,000
S50.001
-
$100,000
$4,400 plus
5
of amount over $50,000
$100,001
-$1,000,000
$6,900 plus 2
ofamount over $100,000
Deductions identified in items
I through
5
resulted in
a lower total uses to
calculate..
handling charges.
FIAA:JFG\922767 CAP Budget Review Letter Attachment A
-
•
Appeal Rights
Anunderground storage tank owner or operator may appeal this final decision to
the Illinois
•
Pollution Control Board pursuant to
Sections 40 and 57.7(c)(4)(D) ofthe Act by filing a petition
for a hearing within 35
days after the 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 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:
Illinois Pollution
Control Board.
•
J~iVFD
State of Illinois Center
•
•
~
~
?~O4
I
100 West Randolph, Suite 11-500
-
•
•
•
~“
I;-~
~
-
Chicago, IL
60601
•
•
LA’—
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
Post Office Box
19276
Springfield,
IL
62794-9276
21 7/782-5 544