1. CERTIFICATE OF SERVICE
BEFORE THE POLLUTION
CONTROL BOARD
OF THE STATE OF ILLINOIS
RECE~VE~~
CLERK’S OFFICE
DEC
3 02004
STATE
OF ILLlN0~S
Pollution Control Boarr~
HAROLD HART SERVICE,
)
)
Petitioner,
)
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
)
PCB
05-61
(LUST Appeal)
NOTICE OF FILING
Dorothy M.
Gunn, Clerk
Illinois Pollution Control Board
James R.
Thompson 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 NOTICE OF APPEAL, copies ofwhich are herewith served upon you.
submitted,
PENNE S. LIVINGSTON
Attorney forthe Plaintiffs
Attorney#06196480
4972 Benchmark Centre, Suite 100
Swansea, IL 62226
Phone: 618/628-7700; Fax:
618/628-7710
RECEIVED
Before the
Pollution Control Board
CLERK’S OFFICE
State of Illinois
DEC 30
2004
Harold
Hart Service,
)
STATE OF ILLINOIS
)
Pollution Control Board
Petitioner,
)
)
V.
)
PCB 05-61
)
(LUST
Appeal)
Illinois EnVironmental
)
Protection Agency,
)
)
Respondent.
)
Notice of Appeal
NOW
COMES Harold Hart Service, by and through his
attorney,
Penni S.
Livingston
and
hereby files Notice ofAppeal ofthe Illinois Environmental Protection Agency decision regarding
application for payment from the Underground Storage Tank Fund forLUST Incident #981766 at
LPC#119-0105-061 pursuantto Section 40 and Section 57.8 oftheIllinois Environmental Protection
Act,
415
ILCS
5/40,
57.8
and
35
Ill. Adm. Code 732.
In Support ofits filing ofNotice ofAppeal,
the Petitioner states as follow:
1.
Applicationforreimbursement from theUnderground StorageTank Fundwas applied for
on September 14, 1999. Applicationforpayment covers theperiod ofAugust 26, 1998 to November
17, 1998.
The amount requested was $31,024.20 with a deductible determined at $15,000.
2.
Applicationwas deemed complete on July
14, 2004 and was promptly denied on August
19, 2004.
3.
On September 28, 2004, the parties filed
a joint notice of extension
of appeal period
which was granted on October 7, 2204 with the
deadline for appeal being December 27, 2004.
4.
This
appeal
follows
and is
timely filed on the
deadline date.
Petitioner appeals the
Agency’s
denial
of reimbursement
from
the
Underground
Storage
Tank
Fund
as
denial
of
reimbursementwas improper.
Harold Hart is entitled to reimbursement.
5.
While Mr. Hart holds hope to resolve differences with theAgency and provide additional
information,
this
being the
last day for appeal,
appeal
had
to
be filed for reservation of rights.
Petitioner does not
object to an Agency continuance for time of the filing
of the record for this
reason.
6.
Petitioner appealsthe Agency’s denial ofreimbursementfor costs ofactivities associated
with early action pursuant to Section
57.6(b)
ofthe Act.
Other relevantprovisions include Section
57.7(a)(1)(B)
ofthe Act and 35 Ill. Adm. Code 732.305(b)(1) and (c) and 732.602.
7.
Issues may also exist with respect to the Agency’s determination concerning the budget
associated
with
a
corrective action plan submitted
for a
high
priority
site pursuant to
Section
57.7(c)(1)(B) ofthe Act and 35 Ill.
Adm. Code 732.405(b) and 732.503(b) and (f).
WHEREFORE, for all these reasons, appeal is hereby filed.
Respectfully submitted,
PENNI S. LIVINGSTON
Attorney forthe Plaintiffs
Attorney #06
196480
4972 Benchmark
Centre, Suite
100
Swansea, IL 62226
Phone:
618/628-7700; Fax:
618/628-7710
n
ILLINOIS
ENVIRONMENTAL
PROTECTJO~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, 312814-6026
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIAN0,
DIRECTOR
217/782-6762
RECEIVED
AUG
~3 ~O4
AUG
1 ~
zoo~
Harold
Hart
Service
2605
College
Avenue
Alton, Illinois
62002
Re:
LPC#1190105061--MadisonCounty
AltonfHarold Hart Service
2605 College Avenue
LUST Incident No. 981766
LUST
FL
CAL FILE
DearMr. Hart:
•..
~.
,
0
The Illinois Environmental Protection Agency has completed
the
review ofyour application
for
payment from the
Underground
Storage
Tank
Fund for
the 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 July 12, 2004 and was
received
by the
Agency
on
September
14,
1999.
The application for
payment covers
the period from August 26,
1998 to
November
17,
1998.
The amount
requested
is
$31,024.20.
The deductible
amount
to be assessed on this claim is
$15,000.00,
which is being deducted from
this payment.
In addition to the deductible, there
are
costs from this claim that
are
not being
paid.
Listed in Attachment A are the costs that
are not being paid
and
the reasons these costs
are
not
being paid.
On July
14, 2004,
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 cannot be prepared for
submission to the Comptroller’s office for payment.
Subsequent applications for payment that
have been/are 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 storage
tank owner or.operator mayappeal this final decision tothe 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 after the date
of
issuance of the fmal 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
ROCKFORD
—4302
North Main
Street,
Rockford,
IL 61103
—
(815) 987-7760
•
DES
PLAINES
—
9511
W.
Harrison
St.,
Des
Plaines,
IL 60016— (847) 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) 278-5800
SPRINGFIELD—45005.
Sixth
Street Rd.,
Springfield,
IL 62706
—(217) 786-6892
•
C0LLIN5vILLE—2009
Mall Street, CoI)insville,
IL 62234 —(618) 346-5120
MARION
—2309 W. Main St.,
Suite
116,
Marion, II 62959
—
(618) 993-7200
PRINTED ON
RECYCLED PAPER
Page 2
applicant
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:
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 Environmentai Protection Agency
Divisionof 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 Lienra llackman of
my staff
at
217/782-6762.
Doug
s
E. Oakley, Manager
LUS’~T
Claims
Unit
/
Planning & Reporting Section
Bureau of Land
DEO:LH:ct\04 1 443.doc
Attachment
cc:
Safety
Partners,
Inc.
Christina
E. Manuel
Attachment A
AccountingDeductions
Re:
LPC #1190105061
--
Madison County
Alton/Harold Hart Service
2605 College Avenue
LUST Incident No.
981766
LUST Fiscal File
Citations in this attachment are from and the Environmental Protection Act (Act) and
35
Illinois
Administrative Code
(35
III. Adm.
Code).
Item #
Description ofDeductions
None
ofthe costs incurred from September
11,
1998 to November 17,
1998 are
eligible for reimbursement.
To be considered forreimbursement, early action
activities must be performed within 45 days after initial notification to the illinois
EmergencyManagement Agency ofa release.
The costs in question were not incurred
within the
time allowed for such reimbursement.
(35
ill.
Adm. Code 732.202(g))
Personnel
Costs in
the
amount of
$6,927.50
for work done from September 11,
1998
to November
17,
1998:
W.Watt
$650.00
September11,
1998
T.Dixon
$360~00
September11,
1998
W. Watt
$585.00
September 17,
1998
T.Dixon
$360.00
September17,
1998
W.Watt
$650.00
September21,
1998
J. Brown
$405.00
September 21,
1998
T. Eisenberg
$200.00
‘
September 21,
1998
W.Watt
$617.50
.
September22,
1998
J.Brown
$360.00
September22,
1998
T. Eisenberg
$120.00
September 22,
1998
T.Eisenberg
$400.00
September28,
1998
T. Eisenberg
$560.00
September 29,
1998
B. Miller
$560.00
September30, 1998
B. Miller
$320.00
October 5, 1998
B. Miller
$400.00
October 9, 1998
M. Trgovich
$110.00
October 9,
1998
M. Trgovich
$110.00
October 12,
1998
T. Eisenberg
$160.00
November 17, 1998
Stock Items
in
the
amount
of $230.15
were made for items used from
September
11,
1998
to
November
17,
1998.
Page
2
Sample Jars in the amount of $38.75 (these items were denied based on the dates the
analyses were conducted).
Samples Gloves in the amount of$11.40 (these items were
denied based
on the dates
the analyses were conducted).
Mileage in the amount of$108.00, this deduction was based on the number ofdays
worked prior to the early action completion date.
Barricades in the amount of$72.00, this deduction was based on the number ofdays
worked prior to the early action completion
date.
Equipment in the amount of$445.25 was denied for items used from September
11,
1998 to November 17, 1998.
A deduction of$250.25 was madeon the
amount
requested for
Trucks (cute 38.5
hours
@56.50
per hour).
-
A deduction of$135.00wasmade
for tool rental (3 days
@
$45.00)
Adeductionof$60.00
was made for sample
probe this
deduction was based on the
dates the analyses
were conducted.
Field
Purchases
in
the
amount of$82.80 were
denied
for
items purchased
beyond the
early action completion
date ofSeptember
10,
1998:
Photosheets
on
October
6,
1998 in the amount of$18.00
Photosheets
on October 9,
1998
in the
amount
of$12.00
Jackhammer
rental
on September 11, 1998
in
the amount of$42.80
Aerial maps on September22, 1998in the
amount
of$10.00
Subcontractors: deductions in the amount of$12,125.36 wasmadefor costs incurred
beyond the
early
action completion dateof September 10, 1998:
ATAS invoice #521440 in the amount of $127.40
ATAS
invoice #S2 1485 in the amount of$1,548.00
ATAS invoice #S2
1329 in the amount
of’S 1,194.00
Gateway Petroleum invoice #1420 in the amount of$435.00
VB Construction invoice #9996 in the amount of$480.00
VB Construction invoice
#2014 in the amount of$815.76
0
VB Construction invoice#2021 in
the amount of$358.88
Bluff City Minerals Co. invoice #6794 in the amount of $64.93
Bluff City Minerals Co.
invoice #6980
in the amount of$87.22
Bluff
City
Minerals Co. invoice #6981
in the amount of$63.32
1~~~~~’
Bluff City Minerals Co. invoice #7241
in the amount of
$316.53
Milan Recycling invoice #31 8-005126 in the amount of$1,967.00
RiverBend
Contractors invoice #973439 in the amount of $678.58
River Bend
Contractors invoice #973459 in the amount of $3,988.74
$2,730.84, deduction for costs that lack supporting documentation
(35
Ill. Adm.
Code
732.606(gg)).
Since there is no supporting documentation ofcosts, the Illinois EPA
cannot determine that costs were not used for activities in excess ofthose necessary to
meet the minimum requirements ofTitle XVI ofthe Act (Section
57.5(a)
ofthe Act
and 35
III. Adm.
Code 732.606(o)).
The following deductions were made because the dates of the costs were not included
in the certified billing period:
Personnel’ costs for:
‘
T.Eisenberg
$160.00
onNovemberl8,
1998
T. Eisenberg
$640.00
on
January
14,
1999
W.
St. Peters
$1,360.00
‘
no
date
N. Volentine
$560.00
no date
FieldPurchases:
Film & development
$10.84
July27 & July 30,
1998
3.
$100.00, deduction for costs that lack supporting documentation
(35
Ill. Adm. Code
732.606(gg)).
Since there is no supporting documentation ofcosts, the Illinois EPA
cannot
determine that
costs were not used for activities in excess ofthose necessary to
meet the minimum requirements ofTitle XVI ofthe Act (Section
57.5(a)
ofthe Act
and 35 Ill. Adm. Code
732.606(o)).
This deduction was made on the amount requested for the OSFM permit, there was no
receipt submitted as documentation ofthe cost.
4.
$1,320.85,
adjustment in the handling charges due to the deduction(s) ofineligible
costs (Section
57.8(f)
ofthe Act and 35
Ill. Adm.
Code 732.607).
A deduction df $23.24 for handling charges were made on the ineligible Field
Purchases.
A deduction of $1,297.61
for handling charges were made on the ineligible
Subcontractors costs.
LH:ct\041444.doc
CERTIFICATE OF SERVICE
I, Julie A. Mitchell,
do
hereby certify that I caused to be mailed this 27th day ofDecember, 2004,
the foregoing Notice
of
Filing and Notice ofAppeal to the persons listed below by depositing the
same with the Swansea or O’Fallon, Illinois, branch ofthe United States Postal
Service with first
class postage in place.
~
O~
~
JULIE A. MIT
HELL
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James
R.
Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
312/814-6931
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
217/782-5544
217/782-9143 (TDD)

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