RECEIVED
CLERK’S OFFICE
BEFORE
THE POLLUTION CONTROL
BOARD
MAR 23 2004
OF THE STATE OF ILLINOIS
STATE OF ILLINOIS
L. KELLER OIL PROPERTIES,
INC.
/
)
Pollution Control Board
EFFINGHAM
I
DOWNTOWN SUPER K
)
)
Petitioner,
)
v.
)
PCB 04-/Il
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF FILING
TO:
JhnK
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 23, 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 23, 2004
Respectfully submitted,
L.
Keller Oil Properties, Inc.
By:
CJ~J~LQ
One ofIts Att\~rneys
Carolyn S. Hesse
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
210982v1
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 Decision 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
from One North Wacker Drive, Suite 4400, Chicago, Illinois, before the hour of 5:00 p.m., on
this
23rd
Day of March, 2004.
Carolyn S. H~
This filing submitted on recycled paper as defined in 35 Iii. Adm. Code 101.202
2
RECEIVED
BEFORE THE
POLLUTION
CONTROL BOARD
CLERK’S OFFICE
OF THE STATE
OF
ILLINOIS
MAR 232004
L. KELLER OIL
PROPERTIES,
INC.
/
)
STATE OF ILLINOIS
EFFINGHAM
I
DOWNTOWN SUPER
K
)
Pollution Control Board
)
Petitioner,
)
v.
)
PCB 04-1&~?~
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY DECISION
L.
Keller Oil Properties, 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.
L. Keller Oil Properties, Inc., is the owner of underground storage tanks
USTs) at a former gasoline service station located at 3~and Fayette
Avenue, Effingham, Effingham County, Illinois (the “Station”). This
gasoline service station was also known as “Downtown Shell” and is
referred to in IEPA’s records as “Effingham/Downtown Super K. The
USTs stored gasoline.
2.
LUST Incident Number 970848 was obtained following a site
investigation.
The
site
has
also
been
assigned
LPC
#0490255 121-Effingham County.
This filing submitted
on recycled
paper as defined
in 35111. Adm. Code 101 .2021
3.
On January 6, 2003, the Agency received a complete application for
payment for corrective action performed at the Station.
4.
By letter dated March 4, 2004, the Agency denied payment for certain
mobilization costs as being unreasonable.
See
Exhibit A.
5.
Historically, JEPA has approved such mobilization costs as being
reasonable and has done so on numerous occasions. The Agency’s letter
of March 4, 2004 provides no additional information regarding why JEPA
denied these mobilization costs.
6.
Petitioner believes the inobilizationcosts at issue are reasonable.
7.
IEPA’s actions are arbitrary and capricious and without authority under
the Environmental Protection Act.
WHEREFORE, Petitioner, L. Keller Oil Properties, Inc., respectfully requests that the
Board enter an order requiring the Agency to approve for payment the costs that were denied in
the March 4, 2004 letter and for Petitioner’s attorneys’ fees and costs in bringing this appeal.
Respectfully submitted,
L. Keller Oil Properties, Inc.
By:
__________________
One ofIts Atto eys
Carolyn S. Hesse, Esq.
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)357-1313
209752v1
IThis filing submitted on recycled paper as defined in 35 III. Adm. Code 101.2021
2
LJL~?L~JCJ’~t ~
C)
L.WI’~
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND AvENuE EAST,
P.O. Bo~
19276,
SPRlt’~GFIELD,ILLINOiS
62794-9276, 217-782-3397
JAME.s
R. THoMPSoN
CE~rgz,100 ~~ESTRANOOL?~1,SUITE 11-300, CHICACO, IL
50601.312-814-6026
Roo R.
BLAGO.IEVIO-t, GOVERNOR
RENEE CIPRIANO, DIRECTOR
-
-
217/782-6762
.
-
-
-.
-.
17~T1T~D
MAR 0
4
2004
-
S
~‘-‘~‘
:,~fl(~
L. Keller Oil Properties, Inc.
Attn: Charles Keller, President
-
Post Office Box
571
-
Carlinville, Illinois 62626
-
Re:
LPC
#0490255
121
--
Effingh.ani County
Ef’finghamiDowntown Super K
3rd&Fayette Avenue
-
-
LUST Incident No. 970848
• -
LUST FISCAL FILE
DearMr.Keller:
-
-
-
The Illinois Environmental Protection Agency has completed the review ofyour application for
payment from the Underground Storage Tank Fund forthe above-referenced LUST incident
pursuant to Section 57.8(a) ofthe Illinois Environmental Protection Act (Act), and 35 111. Adm.
Code 732, Subpart F. This information is dated December 14, 2003 and was received by the
Agency on December 16, 2003. The application for payment covers the period from January 1,
2002 to June30. 2003. The amount requested is $241,316.25.
-
The deductible amount for this claim is $10,000.00, which was previously deducted from the
Invoice Voucher dated February 8, 1999. L.isted in Attachment A are the costs which are not
being paid and the reasons these costs are not being paid.
On January 6, 2003, the Agency received your complete application for payment for this claim.
As a result ofthe Agency’s review of this application for payment, .a voucher for $237,416.25 will
be prepared for submission to the Comptroller’s Office for payment as funds become available
based upon the date the Agency received your compleie request for paymeni. of this application
-
for payment. Subsequent applications for payment that have beenlare submitted will be
processed based upon the date complete subsequent application for payment requests are received
by the Agency. This constitutes the Agency’s final action with regard to the above application(s)
for payment.
-
An underground stprage tank owner or o~eratormay appeal this final decision to the Illinois
-
Pollution Control Board (Board) pursuant to Section 57.8(i) and Section 40 of the Act by filing a
petition for a hearing within
35
days aft~rthe date ofissu.arice of thc final
decision.
However, thc
RccKrow
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EXHIBIT
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Page 2
35-day period maybe 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. Ifthe
applicant wishes to receive a 90-day extension, a written request that includes a statement ofthe
dare 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 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 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 or require
further
assistance, please contact Eric Kuhi-man of
the
technical section at 217/782-6762.
DEO:Nw; ct\043 034.doc
Attachment
Las
E. Oakley, Manager
LUST Claims Unit
Planning & Reporting
Secti:
Bureau ofLaud
cc: CW3M Company
.~,-, C..,
~
~ 5.)5.)-t
C) ~.
c,wpi
IN’~E.
L)f
Attachment A
S
Technical Deduct ons
-
• JR~ ~
-
~,‘.A..
ilfji’
Re:
LPC
#0490255
121
—
Effingham County
Effiugham203
South 3rd/
L.
StreetKeller&OilFayettePropertiesAvenue
.-
Do~townShell
S
--
ft.~y
~C~~(_
LUST
Incident No. ~970848
LUST
Fiscal
File
S
Citations
in
this attachment are from and the EnvIronmental
Protection Act
(Act)
and 35 illinois
Administrative Code
(35
Ill. Adm.
Code).
-
Item #
Description of Deductions
1.
•
$1,700.00, deduction for costs which are unreasonable as submitted. (Section
,57.7(c)(4)(C) ofthe Act and
35
Iii.
Mm.
Code
732.606(hh)).
Costs associated with
-mobilization of CAT 4!6CJT Backhoe, CAT 318 Traclthoe, CAT 953 Trackloader, and
CAT 322BL Trackhoe.
2.
,
$500.00,
deduction for costs which are unreasonable as submitted. (Section
57.7(c)(4)(C) ofthe Act and
35
Ill. Adru. Code 732.606(hh)).
Costs associated with
mobilizaiion ofCAT Challenger/Spread equipment.
3.
$700.00, deduction for costs which are unreasonable as submitted. (Section
-
57.7(c)(4)(C)
ofthe Act and 35 III. Adrrj. Code 732606(h.h)).
Costs associated with
mobilization of CAT 318 Trackhoe and CAT 416C .Rackhoe.
-
4.
$1,000.00,
deduction for costs which are unreasonable as submitted. (Section
•
57.7(c)(4)(C) ofthe Act and
35
Iii. Adm.
Code
732.606(hh)).
Costs associated with
mobilization and demobilization of CA T 318 Trackhoe.
EK:EK~