RECE~VED
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
JUN
032004
OF THE STATE OF ILLINOIS
ILLIOPOLIS GRAIN
COMPANY,
vs.
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
PCB No. 04-148
)
(UST Appeal)
)
)
)
)
STATE OF ILLINOIS
Pollution Control Board
NOTICE
Dorothy M. Gunn,
Clerk
Illinois Pollution Control Board
State of Illinois
Center
100
West Randolph Street
Suite
11-500
Chicago, IL
60601
JohnJ.
Kim
Assistant
Counsel
Special Assistant
Attorney General
Division of Legal Counsel
1021 North Grand Avenue, East
P.O.
Box
19276
Springfield,
IL
62794-9276
PLEASE TAKE NOTICE that
I have today filed with the office of the Clerk of
the Pollution
Control Board a Petition for Review of Final Agency Leaking
Underground
Storage Tank Decision,
a copy ofwhich is herewith served
upon you.
Robert E. Shaw
IL ARDC
No. 03123632
Curtis
W. Martin
ILARDC
No.
06201592
SRAW &
~~fIN
P.C.
Attorneys at
Law
123
S.
10th
Street, Suite 302
P.O. Box 1789
Mt.
Vernon,
Illinois 62864
Telephone (618) 244-1788
/
Curtis
W. Martin, At~ney for
(
Illiopolis Grain
Co~Yp
any, Petitioner
//
RECE~VED
CLERK’S OFFICE
BEFORE THE POLLUTION
CONTROL BOARD
JU~J0320
OF THE STATE
OF ILLINOIS
STATE OF ILLINOIS
ILLIOPOLIS
GRAIN COMPANY,
)
Pollution Control
Board
)
Petitioner,
)
)
vs.
)
PCB No.
04-148
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
-
PETITION FOR REVIEW OF FINAL AGENCY
LEAKING UNDERGROUND STORAGE TANK DECISION
NOW COMES the Petitioner,
Illiopolis Grain
Company,
(“Illiopolis”), by
one
of its attorneys,
Curtis W. Martin of Shaw
& Martin,
P.C., and, pursuant
to
Sections 57.7(c)(4)(D) and 40
of the Illinois
Environmental
Protection Act (415 ILCS
5157.7(c)(4)(D)
and 40
ofthe
“Act”) and
35
Ill. Adm.
Code
105.400-412,
hereby
requests that the Illinois Pollution Control Board (“Board”) review the final decision
of the Illinois
Environmental Protection
Agency (“Agency”) in the above cause,
and
in support thereof, Illiopolis respectfully states as follows:
1.
On January
27,
2004,
the Agency issued
a final decision to Illiopolis,
a
copy ofwhich is attached hereto as Exhibit A.
2.
On February
13,
2004,
Illiopolis made a written request to the Agency
for an extension
of time by which to file
a petition for review from the thirty-five
day
period to ninety
days, a copy of which is attached hereto as Exhibit B.
3.
On March
3,
2004, the Agency joined in
Illiopolis’ request that the
Board extend the thirty-five day period for filing a petition to ninety days, a copy of
which is
attached hereto as Exhibit
C.
4.
On March
18,
2004, the Board entered
an Order extending the time by
which Illiopolis could file a petition to June
1,
2004,
a copy of which is attached
hereto as Exhibit D.
5.
The grounds for the Petition herein-are as follows:
Illiopolis, through its consultant,
United Science Industries,
Inc.
(“USI”), submitted to the Agency a request for reimbursement
of corrective action
costs incurred at its site governed by Section 731 ofthe Illinois Administrative
Code
covering the period from June
1,
2003 to July
31,
2003 in the sum of $91,087.95.
By
its letter ofJanuary
27,
2004, the Agency deducted
$4,057.00 as non-reithbursable
and authorized a voucher for $87,030.95
for submission to the Comptroller’s
Office
for payment.
The Agency accounting deductions consisted of $279.00 in personnel
and $20.00
in equipment costs for Illiopolis’ failure
to demonstrate
such costs
were
reasonable
under Section
22.18
(b)(4)(c) of the Act.
The Agency technical deductions
consisted
of $3,758.00 for Illiopolis’ failure to demonstrate
such costs were
reasonable.
The
accounting
deductions relate solely to an improperly promulgated
“internal guidance”
or rate sheet used by the Agency and such deduction is
arbitrary
and capricious.
The tecñnical
deduction was related to an overall
2
proportional reduction
of the scope of work at Illiopolis’ site which was also
arbitrary
and capricious and without technical justification.
WHEREFORE,
Petitioner,
Illiopolis Grain
Company, for the reasons stated
above, requests that the Board reverse the decision of the Agency and rule in favor
of Petitioner’s
request for reimbursement
as being reasonable, justifiable,
necessary,
consistent with
generally
accepted engineering practices,
and eligible for
reimbursement
from the UST Fund,
and that Petitioner
have such other and
further relief as the Board deems just
and equitable under the circumstances.
Respectfully submitted,
SHAW & MARTIN, P.C.
Robert E. Shaw
IL ARDC No. 03123632
Curtis W. Martin
IL ARDC No. 06201592
SHAW & MARTIN,
P.C.
Attorneys at Law
123
S.
10th Street, Suite
302
P.O.
Box
1789
Mt.
Vernon, Illinois
62864
Telephone
(618) 244-1788
By
Atto
ey for
Illiopolis Grain Co~,
Petitioner
3
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
.1021
NORTH
GRAND
AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH,
SUITE 11-300,
CHICAGO,
L~O601
RoD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/782-6762
)RE~FV~J~5I
JA?427
2fl04
-
JAN
~8REC’U
S
____________
Illiopolis Grain Co.
Attn:
William Peters
-
2l2AnneStreet
-
Illiopolis,
Illinois
62539
Re:
LPC#1670555006--Sangamon County
Illiopolis/Illiopolis
Grain Co.
246 Louisia Street
LUST Incident #922
178
LUSTFISCAL FILE
-
Dear
Mr. Peters:
The Agency has completed the review ofthe request for reimbursement ofcorrective action
costs
from the Illinois Underground Storage Tank Fund for the above-referenced facility.
The invOices
reviewed coveredthe period from June
1, 2003
to July 31, 2003.
The amount requested was
$91,087.95.
The deductible amount for this
claim is
5 10,000.00, which was previously deducted from the
Invoice Voucher dated June
10,
1997.
Listed in Attachment A are the
costs which are not being
reimbursed from this request and the reasons these costs are not being reimbursed.
Qn August
1 3~
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
~S7,030.95
will be prepared for
submission to
the Comptroller’s
Office for payment as f~ndsbecome available based upon
the
date the Agency
received your complete
request
for payment of 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
Eoard.(Board)
pursuant to Section 22.1 8b(g) and Section
40 of the Act by filing
a
petition for a
11e~ringwithin
35
days aher the date or issuance of the final decisi~.n.However, the 35:day
period may
be
extended
for
a period of time not
to exceed
90
days by written notice
from the
Rcc~roio)
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Staie,
Elgin, )1~
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614
—
(309)
b’ii-346.3
8UREAL’
c~
LAND
-
PEORIA
—
7620 N.
University
SI.,
I,
Champhgn,
IL
1~1820
—
(217)
278-5800
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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:
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 of
Legal
Counsel
1021
North
Grand Avenue
East
Springfield, Illinois
62794-9276
217/782-5544
If you have any questions, please contact Kevin Mably of my staff or Sam Hale of Cliff
Wheeler’s staff at 217/782-6762..
.
DEO:KM~mls\043457.doc
Attachment
Dou-~’as
E..
Oakley, Manager
LUST
Claims
Unit
Planning
&.
Reporting Section
Bureau ofLand
cc:
United Science
Industries
Attachment A
Accounting Deductions
Re:
LPC
#1670555006
--
Sangamon County.
Illiopolis/Illiopolis Grain Co.
246 Lousisia Street
.
LUST IncidentNo. 922178
LUST FISCAL FILE
Item
#
Description of Deductions
1.
$299.00, deduction in costs that the owner/operator failed to
demonstrate were
reasonable (Section 22.18b(d)(4)(C) of.theEnvironmental Protection Act).
United Science Industries -Invoice#18-13280
$279.00
Personnel
-
.
.
.
United Science Industries
-
Invoice #18-13280
$
20.00
Equipment
-
$299.00
Total Accounting Deductions
L
KM:mls\043459.doc
.
.
Attachment A
Technical Deductions
Re:
LPC #1670555006
--
Sangamon County
Jlliopolis/lliopolis
Grain Company
246 Louisia ‘Street
LUST IncidentNo. 922178
LUST FISCAL FILE
Item #
Description ofDeductions
-
I.
$3,758.00,
deduction
in costs
that the owner/operator failed to demonstrate were
reasonable
(Section 22.1 8b(d)(4)(C) ofthe Environmental Protection Act).
CLW:SH:jk\043607.dOc
-
.
C...:
..
..
-.
LTED~sCIE~E1NDLsTR1ES
P.O.
Box
360
Phone:
(618) 725-2411
6295
East
Illinois Highway
15
Fax: (618) 735-2907
Woodlawn,
Illinois 62898-0360
-
E-Mail:
unitedscience@
unitedscienca.com
February
13,
2004
Illinois Environmental
Protection Agency
Division of Legal
Counsel
.
-
1021
North
Grand Avenue
East
-
Springfield,
IL 62792-9276
Re:
LPC#
1670555006 —Sangamon County
lIliopolis/Illiopolis
Grain Company
246
Louisa
Street
-
LUST
Incident No. 922178
Dear Mr.
John
Kim:
United Science
Industries,
Inc.
(USI),
on behalf of our
client,
Mr.
William
Peters,
is
requesting
a
90-day extension
to
the
35-day appeal
period
in
regards to
the
-
IEPA correspondence
dated January
27,
2004.
A copy of the correspondence
is
attached.
I
appreciate
your
time
and’ consideration
in
this
matter.
If
you
have
any
questions
or comments cOncerning
the above,
please
contact me
at
(618)
735-
2411
ext
166.
Sincereiy yours,
UN!TED.SCIENCE INDUSTRIES,
INC.
Sallie
Minks
.
.
Project
Manager
.
.
Enclosures.
cc:
Mr.
William Peters
~ ‘t~
LfI
iJ
-
Division
oi
Lc:J
000n,OF
-
rco
li
~
EXH
B
IT~i3
Et1vjronmenta~ro
i~
o~
~
~
BEFORE THE POLLUTION CONTROL BOARD
OF THE
STATE
OF ILLINOIS
ILLIOPOLIS
GRAIN COMPANY,
)
Petitioner,
)
v.
-
)
PCB No. 04-
ILLiNOIS ENVIRONMENTAL
)
(LUST Appeal
—
NinetyDay Extension)
PROTECTIONAGENCY,
.
)
Respondent.
)
REQUEST
FOR
NINETY
DAY EXTENSION
OF
APPEAL PERIOD
NOW COMES the Respondent, the
Illinois
Environmental Protection
Agency
(“Illinois
EPA”), by one of its attorneys, John J.
Kim,
Assistant
Counsel
and
Special
Assistant
Attorney
General,
and,
pursuant
to
Section
‘40(a)(1)
of
the
Illinois
Environmental
Protection
Act
(415
ILCS
5/40(a)(1))
and
35
Iii.
Adm.
Code 105.208, hereby requests that
the- Illinois Pollution
ControlBoard (“Board”)
grant an
extension ofthe thirty-five
(35)
day period for petitioning for a
hearing to June
1, 2004, or any other date not more than a total of one hundred twenty-five (125)
days from
January 28, 2004,
the date of service of
the
Illinois
EPA’s final
decision.
In support
thereof, the IllinoisEPArespectfully states as follows:
1.
On
January
27,
2004,
the’ Illinois
EPA
issued a final decision to the Petitioner.
(Exhibit A)
2.
On Febniary
13,
2004,
the Petitioner made
a
~itten
request
to
the Illinois
EPA
for an
extension
of time
by
which
to
file
a
petition for review, asking
the
Illinois
EPA join
in
requesting that
‘the Board
extend the
thirty-five
day peripd for fling
a
petition
to
ninety days.
The
final
decision provided by
the Petitioner indicates
the’ letter was
received
on
January 28,
2004.
(Exhibit B)
.
.
.EXHIsrr_~~
3.
The additional
time
requested by the parties may eliminate the need for a hearing
in this matter or, in the alternative, allow the parties to identify issues and limit.the scope of
any
hearing that maybe necessary
to resolve this matter.
WHEREFORE,
for the reasons
stated
above,
the
parties
request that.the Board,
in the
interest of
administrative
and judicial economy,
grant
this request for a ninety-day extension of
the thirty-five day period for petitioning
for a hearing.
Respectfully submitted,
ILLiNOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
JL~.
-
Assistant
Counsel
-
Special Assistant Attorney General
Division ofLegal
Counsel
1021 North Grand Avenue, East
-
-
-
P.O.
Box 19276
Springfield, Illinois
62794-9276
217/782-5544
217/782-9143 (TDD)
.
Dated:March 3, 2004
This filing sub~uedon
recycled paper.
.
7
CERTIFICATE
OF SERVICE
I, the undersigned attorney at law, hereby certify that on March 3, 2004, I
served
true and
correct
copies of a REQUEST FOR
NINETY
DAY EXTENSION OF
APPEAL
PERIOD,
by
placing true
and
correct
copies in
properly
sealed and
addressed
envelopes
and
by depositing
said sealed envel.opes in
a U.S. mail drop box located within Springfield, Illinois,
with sufficient
First Class Mail postage affixed thereto, upon the following named persons:
Dorothy M.
Gunn, Clerk
Sallie Minks, Project Manager
Illinois Pollution
Control Board
‘United Science Industries
-
-‘
James R. Thompson Center
P.O. Box 360
100 West Randolph Street
6295
East Illinois Highway
15
Suite 11-500
Woodlawn,
EL
62898-0360~
Chicago, IL 60601
-
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Joh~J.Kim
~
Assistant Counsel
Special
Assistant Attorney General
Division ofLegal Counsel
‘
..
.
1021 North Grand Avenue, East
P.O. Box
19276
Springfield, Illinois 62794-9276
.
217/782-5544
.
217/782-9143 (TDD)
ILLINOIS POLLUTION CONTROL BOARD
March
18,
2004
ILLIOPOLIS GRAIN COMPANY,
)
)
Petitioner,
-
)
PCBO4-148
v.
(USTAppeal)
ILLiNOIS
ENVIRONMENTAL
.
(90-Day Extension)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF
THE BOARD
(by J.P.
Novak):
On March
5,
2004,
the parties timely filed a joint notice to extend the 35-day period
within which Illiopolis Grain Company may
appeal a
January 27,
2004 determination of the
Illinois Environmental Protection Agency (Agency).
See
415 ILCS
5/40(a)(l)
(2002); 35 Ill.
Adm.
Code
105.402,
105.406.
Because the
postmark date of the joint request is within the time
for filing, the joint request was timely filed.
35
Ill. Adm.
Code 101.300(b)(2),
105.404.
The
Agency approved petitioner’s request for reimbursement from the Underground Storage
Tank
Fund,
with modifications, for Illiopolis Grain
Company’s leaking underground petroleum storage
tank
facility located at 246 Louisiana Street, Illiopolis, Sarigamon County.
The Board extends
the
appeal period until June
1, 2004, as
the parties request.
See
415
ILCS
5/40(a)(l)
(2002); 35
Ill. Adm.
Code
105.406.
If Illiopolis
Grain Company fails to file
an appeal on
or before that
date, the Board will dismiss
this case
and
close the docket.
IT IS SO
ORDERED.
I, Dorothy M. Gunn, Clerk of the Jllinois Pollution Control Board, certify that the Board
adopted the above order on March
18, 2004, by a vote of
5-0.
~~‘;
AL
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
EXf~JtB~T
~
CERTIFICATE
OF SERVICE
-
I, the undersigned
attorney at law, hereby certify that on June
/
~T
2004, I
served true and correct
copies of a Petition for Review, by placing true
and correct
copies in properly sealed and addressed
envelopes and by
depositing said sealed
envelopes in a U.S. mail drop box
located within Mt. Vernon, Illinois,
with sufficient
Certified Mail postage affixed thereto,
upon the following named persons:
John J.
Kim
-
Assistant
Counsel
Special Assistant Attorney
General
Division of Legal Counsel
1021 North Grand Avenue, East
P.O.
Box
19276
Springfield,
IL
62794-9276
for
Company
