BEFORE THE POLLUTION CONTROL BOARD
R E C E IV E D
OF THE STATE OF ILLINOIS
CLERK’S
OFFICE
L.
KELLER OIL PROPERTIES,
iThIC.
I
)
MAR
242004
SALEM / KELLER OIL (Pruden’s Shell)
)
STATE
OF ILLINOIS
)
Pollution Cäntrol Board
Petitioner,
)
V.
)
PCB04-/~
)
(UST 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 24, 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 of Illinois Environmental Protection Agency Decision.
Dated:
March 24, 2004
Respectfully
submitted,
L.
Keller Oil Properties, Inc.
By:
~
~
One of Its Attolheys
Carolyn S. Hesse
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
21 1223v1
This
filing submitted
on recycled
paper as defined
in
35
Ill. Adm. Code
101.2021
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
24th
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
RECEIVED
OF THE STATE OF ILLINOIS
CLERKS
OFFICE
L. KELLER OIL PROPERTIES,
INC. /
)
MAR
242004
SALEM
I
KELLER OIL (Pruden’s Shell)
)
STATE OF ILLINOIS
)
Pollution Control
Board
Petitioner,
)
v.
)
PCB
___
)
(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.,
owned tanks
at
a
gasoline
service
station
located
at
1-57
and
Route
50
in
Salem,
Marion
County,
Illinois
(the
“Station”).
This
gasoline
service station
operated
as Pruden’s
Shell
and
had
underground
storage
tanks
(UST5)
on
the
property,
which
stored
gasoline.
2.
LUST
Incident
Number
901249
was
obtained
following
a
site
investigation.
The site has also
been assigned LPC
#1210450005-Marion
County.
This
filing submitted
on recycled paper
as
defined in 35
III. Adm.
Code 1O1.202J
3.
On
July
28,
2003,
the Agency
received Petitioner’s
complete
request
for
reimbursement of costs
from the Illinois Underground Storage Tank Fund
(the “Request”) for the period from December
1, 2001
to July 31,
2002
in
the amount of
$17,075.58.
4.
The Agency denied certain costs
in the Request in a letter dated February
24, 2004, a copy of which is attached hereto as Exhibit A.
5.
L.
Keller
Oil
is
appealing
this
February
24,
2004
denial
because
the
Agency denied certain costs by claiming that the owner/operator
failed to
demonstrate that
certain
costs
were
reasonable
and/or lacked
supporting
documentation.
6.
L.
Keller disagrees with
the Agency
decision and believes
that
the
costs
submitted
for
reimbursement
are
for
correction
action
activities.
The
Agency
has
approved
these
types
of
costs
historically.
The
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
ofthe 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
theUST Fund.
IThis filing submitted
on recycled paper
as defined
in 35 III.
Adm. Code 101.2021
2
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 February 24, 2004 letter and for Petitioner’s attorneys’ fees and
costs in bringing this appeal.
Respectfully
submitted,
L. Keller Oil Properties, Inc.
By:
_______________
One of Its Atto~eys
Carolyn S. Hesse, Esq.
Barnes
& Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
211176v1
IThis filing submitted
on recycled
paper
as
defined in 35
III.
Adm. Code
101.202
3
-
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND
AVENUE
EAST,
P.O.
Box
1 9276,
SPRINGFIELD,
ILLINOIs
62794-9276
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH, SUITE
11-300,
CHICAGO,
IL 60601
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/782-6762
~.:7OO
FEB24
2O~4
L. Keller Oil
Properties, Inc~
-
Attn:
Charles Keller
P.O.Box571
-.
Carlinville, Illinois 62626
Re:
LPC #1210450005--Marion County
Salemi’Keller Oil
(Pruden’s
Shell)
1-57 & Rt.
50
LUST Incident #901249
LUST FISCAL FILE
Dear Mr. Keller:
The Agency has completed the review ofthe 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 December
1, 2001
to July 31,
2002.
The amount requested
was $17,075.58.
The deductible amount for this claim is
$1 0,000.00, which was previously deducted
from the
Invoice Voucher
dated April
13,
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 July 28, 2003,
the Agency received your complete request for payment for this claim.
As a
result of the Agency’s review of this
claim, a voucher for $13,246.58 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 of this
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 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
of the 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
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PAlER
Page 2
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 ofan
appeal, please contact:
:~FJ~7J
Dorothy Gunn, Clerk
.
~‘
Illinois
Pollution Control Board
-•
,‘•;~.:3.
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
62794-9276
217/782-5544
If
you
have any questions, please contact Diana Gobelman of my staff or Karl Kaiser of the
LUST Section
technical
staff
at 217/782-6762.
Sinc
ly
Do~gf~s
E.
Oakley, Manager
LUST Claims
Unit
Planning & Reporting Section
Bureau of Land
DEO:DLG:bjh\043244.doc
Attachment
cc:
CW3M
Attachment A
Accounting Deductions
Re:
LPC#1210450005--MarionCounty
Salem/Keller Oil
(Pruden’s Shell)
1-57
& Rt. 50
____
LUST IncidentNo. 901249
.
.
LUST FISCAL FILE
Item #
Description of Deductions
1.
$97.00, deduction for an adjustment in Handling Charges of greater than the allowed
Sliding Scale (Section 22.1 8b(i)(2) of the Environmental Protection Act).
Handling reduced due to
ineligible
subcontractor costs in billing
package.
2.
$982.00,
deduction in costs that the owner/operator failed to demonstrate were
reasonable (Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).
CW3M
1/02
—
gloves, mobilization (Advanced),
BTEX (Prairie) rates
-
$304.00
CW3M
4/02
—
gloves, mobilization (Advanced),
BTEX (Prairie) rates
-
$374.00
CW3M
7/02
—
gloves, mobili~ation
(Advanced),
BTEX (Prairie) rates
-
$3 04.00
DEO:DLG:bjh\043244.doc
Attachment A
Technical Deductions
Re:
LPC#1210450005--MarionCounty
Salem/Keller’Oil (Pruden’s Shell)
1-57 &Rt.
50
LUST Incide~t
No. 901249
LUST FISCAL FILE
‘~
~
~ c~j
Item #
Description ofDeductions
1.
$2,750.OQ deduction for an adjustment in Bio-Slurry 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
22.18b(d)(4)(C) ofthe Environmental Protection Act).
KEK