ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
NOTICE OF FILING
RECE~VE~
CLERK’S OFFIC~
JUN 21 2004
STATE OF tLLlNO~S
Poflution Control Bo~c
TO:
Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 W. Randolph Street
Suite 11-500
Chicago, IL 60601
John J. Kim, Esq.
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 N. 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 Illinois Pollution Control Board an original and nine copies each of
an Entry of Appearance of Jeffrey W. Tock and Petition for Review of LUST Fund
Reimbursement Decision, copies of which are herewith served upon you.
Respectfully submitted,
Dated: June 18, 2004
Jeffrey W. Tock
Harrington, Tock & Royse
201 W. Springfield Avenue, Suite 601
P.O. Box 1550
Champaign, IL 61824-1550
Telephone: (217) 352-4167
CRAIG’S SERVICE STATION
Petitioner,
By:
__
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CRAIG’S SERVICE STATION,
)
Petitioner,
PCB No. 04-169
vs.
(UST Appeal)
)
)
)
)
)
)
)
)
Respondent.
)
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOS POLLUTION CONTROL BOARD
JUN 21 2004
CRAIG’S SERVICE STATION,
))
PollutionSTATE
OFControlILLINOISBoard
Petitioner,
)
)
PCB No. 04-169
vs.
)
(USTAppeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ENTRY OF APPEARANCE OF JEFFREY W. TOCK
NOW COMES Jeffrey W. Tock, of the law firm of Harrington, Tock &
Royse, and hereby enters his appearance on behalf of Petitioner, Craig’s Service
Station, in the above referenced matter.
Respectfully submitted,
CRAIG’S SERVICE STATION,
Petitioner,
By:_______
e r~Tock
Dated: June 18, 2004
Jeffrey W. Tock
Harrington, Tock & Royse
201 W. Springfield Avenue, Suite 601
P.O. Box 1550
Champaign, IL 61824-1550
Telephone: (217) 352-4167
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOS POLLUTION CONTROL BOARD
JUN 212004
CRAIG’S SERVICE STATION,
)
STATE OF ILLINOIS
)
PoIIut~onControl Board
Petitioner,
)
)
PCB No. 04-169
vs.
)
(USTAppeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR
REVIEW
OF LUST
FUND
REIMBURSEMENT DECISION
NOW COMES Petitioner, Craig’s Service Station (hereinafter
“Petitioner”), by and through its attorneys, Harrington, Tock & Royse, pursuant
to Sections 40, 22.18b(g) and 57.8(i) of the Illinois Environmental Protection Act
(“Act”) (415 ILCS 5/40, 5/22.18b(g) and 5/57.8(i)), and 35 Ill.Admin.Code Part
105, and hereby requests review of the decision by the Respondent, Illinois
Environmental Protection Agency (“Agency”), regarding reimbursement of
personnel costs and other costs. In support of this Petition, the Petitioners states
as follows:
1. Petitioner is the owner of certain property located at Bloomington,
Illinois, hereinafter referred to as “the site”.
2. Petitioner is the owner of underground storage tanks (“USTs”)
formerly located at the site.
3. On November 18, 2003, Petitioner submitted its budget amendment for
activities at the site.
4. By letter dated February 17,2004, the Agency modified the request for
the budget, stating that the Agency had made the following
deductions:
(a) $20,675.25 from Personnel Costs as unreasonable;
(b) $480.00 from Field Purchases as unreasonable;
(c) $1,075.56 from Other Costs as not eligible;
(d) $80.67 from Other Costs as not eligible; and,
(e) $130.89 from Handling Charges. (The Agency’s letter is
attached as Exhibit “A”.) The letter further stated that “Am
owner or operator who seeks to appeal the Agency’s decision
may, within 35 days after the notification of the final Agency
decision, petition for a hearing before the Board.”
5. By an order entered on April 1, 2004, the Board extended the 35 day
appeal period until June 21, 2004.
6. Petitioner is seeking review of the Agency’s February 17, 2004
determination rejecting reimbursement for the above referenced costs.
The Agency’s determinations are arbitrary, capricious, and without
statutory authority, and contrary to the Board’s decision in
Illinois
Ayers Oil Company
(PCB 03-214) entered April 1, 2004.
WHEREFORE, for the above and foregoing reasons, Petitioner, Craig’s
Service Station, respectfully requests that the Illinois Pollution Control Board
grant the following relief:
1. Find that the Agency’s February 17, 2004 decision is arbitrary and
capricious, without statutory authority and contrary to the Board’s
decision in PCB 03-214;
2. Reverse the Agency’s decision regarding the budget;
3. Remand this matter to the Agency with instructions to approve the
budget;
4. Award Petitioner reasonable attorney’s fees and expenses incurred in
bringing this action; and,
5. Award such further relief as deemed just and equitable in these
premises.
Respectfully submitted,
CRAIG’S SERVICE STATION,
Petitioner,
By:________
Jf e W.Tock
Dated: June 18, 2004
Jeffrey W. Tock
Harrington, Tock & Royse
201 W. Springfield Avenue, Suite 601
P.O. Box 1550
Champaign, IL 61824-1550
Telephone: (217) 352-4167
vlb/2004fComplain.jef/CraigServStn-EntryApp
CERTIFICATE OF SERVICE
I, Jeffrey W. Tock, the undersigned certify that I have served the attached
Entry of Appearance ofJeffrey W. Tock and Petition for Review of LUST Fund
Reimbursement Decision upon:
Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 W. Randolph Street
Suite 11-500
Chicago, IL 60601
John J. Kim, Esq.
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 N. Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Harold Craig
1013 W. Wood Street
Bloomington, IL 61701
Kevin Saylor, P.E.
HDC Engineering
201 W. Springfield Avenue
Suite 300
Champaign, IL 61824-0140
by depositing said documents in the United States Mail in Champaign, Illinois,
postage prepaid, on June 18, 2004.
Jef~yyT~
i~,~I-
~‘A’
ILLINOiS ENViRONMENTAL PROTECTiON AGENCY
1021 NORTH GRAND AVENUE EMT, 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. BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
217/782-6762
CERTIFIED MAIL
?0O~ 3150 0000 1255 1653
FE8 i 72084:
Craig Service Station
Attention: Harold Craig
1013 West Wood St.
Bloomington, IL 61701
Re:
LPC #1130205258-- McLean County
Bloomington/Craig’s Service Station
905
South Morris
LUST incident No. 990396
LUST Technical File
Dear Mr. Craig:
.
The illinois Envim~nmentalProtection Agency (flhinois EPA) has reviewed the High Priority
Corrective Action Plan Budget (budget) Amendment submitted for the above-referenced
incident. This budget, dated November 18, 2003, was received by the Illinois EPA on November
19, 2003. Citations in this letter are from the Environmental Protection Act (Act) and
35
illinois
Administrative Code
(35
Lii. Adm. Code).
The budget is modified pursuant to Section
57.7(c)(4)
of the Act and
35
111. Adm. Code
732.405(c).
Based on the modifications listed in Section 2 of Attachment A, the amounts listed
in Section 1 ofAttachment A are approved. Please note that the costs must be incurred in
accordance with the approved plan. Be aware that the amount of reimbursement may be limited
by Sections57.8(e),
57.8(g)
and 57.8(d) of the Act, as well as 35 Iii. Adm. Code 732.604,
732.606(s), and 732.611.
All future correspondence must be submitted to:
•
Illinois Environmental Protection Agency
Bureau of Land
-
#24
Leaking Underground Storage Tank Section
1021 North Grand Avenue East
•
Post Office Box 1.276
S
Springfield, IL 62794-9276
Please submit all correspondence in duplicate and include the Re: block shown at the beginning
of this letter.
RacEFoiw —
4302 North Main Street, Roclcford, IL 61103
—
(815) 987-7760
•
Dss PLA,NEs
—
9511 W. Harrison St., Des Plaines, IL 60016—1847) 294-4000
ELGIN
—
595 South State, Elgin, IL 60123
—
(847) 608-3131
•
PEORIA —5415 N.
University
St., Peoria, IL 61614 —(309) 693-5463
BUREAU OF LAND- PEORIA
—
7620 N. University St., Peoria, IL 61614
—
(309) 693.5462
•
CHAMPAIGN
—
2125 South First Street, Champaign, IL 61820— (217) 278-581
SPRiNGFIELD
—
4500
S.
Sixth Sireet
Rd..
Springfield. IL 62706
—
(217) 786-6892
•
COLLINSVILLE —2009 MaIl Street, Collinsville, IL 62234 —(618) 346-5120
MARION
—
2309 W. Main St., Suite 116, Marion, 1L 62959— (618) 993-7200
ii
Page 2
An underground storage tank system owner or operator may appeal this decision to the Illinois
Pollution Control Board. Appeal rights are attached.
S
S
if you have any questions or need further assistance, please contact Robin McCain at
217/785-6309
Sincerely,
Michael T. Lowder
Unit Manager
S
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
S
MTL:RMM\
S.
Attachment: Attachment A
5
5
Appeal Rights
S
C:
Kevin Saylor, HDC Engineering
Division File
RECEiVE 0
UDC ENOJNEERIN6
.1
Attachment A
Re:
LPC #1130205258
--
McLean County
BloomingtonlCraig’s Service Station
905 South Morris
•SSS
S
LUST Incident No. 990396
LUST Technical File
Citations in this attachment are from the Environmental Protection Act (Act) and 35 illinois
Administrative Code
(35
Ill. Adm. Code).
S
SECTIQNJ.
a
result of the illinois EPA’s thodification(s) in Section 2oft~sA~tachthentA, the fOllowing
~jnounts areapproved:
S
:
High Priority Site investigation Corrective Action Plan budget, approved September 11, 2003
$7,730.50
.514,462.22
$57,927.00
$37,145.98
S133.35
1.13
S8.726.28
investigation Costs
Analysis Costs
Personnel Costs
Equipment Costs
Field Purchases and Other Costs
Handling Charges
As a result of the Illinois EPA’s modification(s) in Section 2 of this Attachment A, the following
amounts have been approved:
S
Modified High Priority Corrective Action Plan Budget Amendment, dated November 10, 2003,
received by (he Illinois EPA on November 18, 2003
S610.95
S3.I0O.00
$880.00
S 14. 171.86
$1.6 1127
Analysis Costs
Personnel Costs
Equipment Costs
Field Purchases and Other Costs
Handling Charges
Total Hit~hPriority Corrective Action Plan budget
-
S7.730.50
SI 5.073.1.7
S6 I .027.00
S38,025.98
SI 47,522.99
$10,338.55
Investigation Costs
Analysis Costs
Personnel Costs
Equipment Costs
Field Purchases and Other Costs,
Handling Charges
Page 2
SECTION 2
The
Illinois EPA has determined that the following costs are not reasonable as submitted
(Section
57.7(c)(4)(C)
of the Act and
35
IAC Section 732.606(hh)). One of the overall
goals of the financial review iS to assure that costs associated with materials, activitie~,
and services are reasonable
(35
IAC Section
732.505(c)).
5
A.
Deduct
$20,675.25
from Personnel Costs Section. Personnel costs are
unreasonable as submitted.
B.
Deduct $480.00 from Field Purchases and Other Costs Section, under Abandon
•
Wells. Rate is unreasonable as submitted.
2.
The following costs are for activities in excess of those necessary to meet the minimum
requirements ofTitle XVI of the Act (Section
57.5(a)
of the Act) and 35111. Adm. Code
732 (Section
732.505(c)).
Costs for corrective action activities and associated materials
or services exceeding the minimum requirements necessary to comply with the Act are
not eligible for payment from the Fund
(35
Ill. Adm. Code 732.606(o)). In addition,
these costs are not corrective action costs. “Corrective action” means an activity
associated with compliance with the provisions of Sections
57.6
and 57.7 of the Act
(Section 57.2 of the Act and 35 ill. Adm. Code 732.103). One of the eligibility
S
requirements for accessing the Fund is that costs are associated with “corrective action.”
(Section 57.9(a)(7) ofthe Act)
S
In addition, the following costs related to activities, materials, or services notnecessary to
stop, minimize, eliminate, or clean up a release of petroleum or its effects in accordance
with the minimum requirements of the Act and regulations are ineligible for payment
from the Fund
(35
111. Adm. Code 732.606(y)). This cost is not a corrective action cost.
“Corrective action” means an activity associated with compliance with the provisions of
Sections
57.6 and 57.7 of the Act (Section 57.2 of the Act and
35S
111. Adrn. code
732.103). One of the eligibility requirements for accessing the Fund is that costs are
associated with “corrective action” (Section 57.9(a)(7) of the Act and 35 111. Adm. Code
732.505(c)).
5
5
Deduct
$1,075.56
from Field Purchases and Other Costs Section, under Sewer Repair
Materials and Sewer Repair.
3.
Deductions from the following sections of the budget, make it necessary to recalculate
the sales tax and handling charges less the deducted amounts.
S
A.
Deduct $80.67, from Field Purchases and
Other Costs Section, under
Sales Tax
on Fill, Concrete, and Sewer Materials. Given that Sewer Repair Materials and
S
-t
Page3
S
Sewer Repair are not eligible for reimbursement, the lump sum sales tax amount
was recalculated and reduced accordingly.
S S
B
Deduct $130 89, from Handling Charges Deductions from the sections M the
• budget which handling charges are calculated, make it necessary to recalculate the
handling charges less the deducted amounts.
S
RMM\.
S
Appeal Rights
An underground 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 afterthe date of issuance of the final decision. However, the 35-day
period may be 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. If the owner pr
operator wishes to receive a90-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:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite 11-500
Chicago, IL 60601
S
-
312/814-3620
5
5
For information regarding’the filing of an extension, please contact:
~ •~ S
• ,
•
Illinois EqvironmentalProtectior. Agency
•..
,
:
:
•
‘
5
Division ofLegal counsel
•
:
•
5
S
• 5,
•
5
5
1021 North Grand Avenue East
Post’ Office Box 19276
•
:
Springfield, IL 62794-9276
217/782-5544
fSS
L
