MAC'S CONVENIENCE STORES LLC,
Petitioner,
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, IL 62794-9274
Dated: January 31, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD RECEIVED
CLERK'S OFFICE
PCB 05-124
FEB 0 2 2006
(UST APPEAL)
STATE OF
ILLINOIS
Pollution Control Board
vs .
)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
Respondent
.
)
NOTICE OF FILING
John J. Kim
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
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
Pollution Control Board a Motion to Dismiss, a copy of which is attached .
Respectfully submitted,
HATCHETT & HAUCK
LLP
David L. Hatchett, IN Atty #19383-49
111 Monument Circle, Suite 301
Indianapolis, IN 46204-5124
Telephone :
(317) 464-2621
Facsimile
:
(317) 464-2629
david.hatchett@h2lawyers.com
[This
filing submitted on recycled paper as defined in
35 Ill.
Adm. Code 101.2021
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDECE 9V E
CLERK'S OFFICE
MAC'S CONVENIENCE STORES LLC,
)
FEB 0 2 2006
Petitioner,
)
PCB 05-124
(UST APPEAL) STATE
OF ILLINOIS
VS .
)
Pollution Control Board
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
Respondent.
)
MOTION TO DISMISS
Petitioner Mac's Convenience Stores LLC
("Mac's") respectfully requests that the
Illinois Pollution Control Board dismiss the above-captioned matter . In a letter dated January 19,
2006 and attached as Exhibit A, the Illinois Environmental Protection Agency ("Agency") has
memorialized the agreement reached between Mac's and the Agency regarding the issues in this
matter .
As this dispute has been resolved, Mac's respectfully requests that this matter be
dismissed .
WHEREFORE, Mac's respectfully requests that the Illinois
Pollution Control Board
dismiss this matter.
Respectfully submitted,
HATCHETT & HAUCK
LLP
Dated: January 31, 2006
1
David L. Hatchett, IN Atty #19383-49
111 Monument Circle, Suite 301
Indianapolis, IN 46204-5124
Telephone :
(317) 464-2621
Facsimile :
(317) 464-2629
david.hatchett(alh2lawvers.com
[This filing submitted on recycled paper as defined in 35 Ill. Adm. Code 101 .2021
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on January 31, 2006, I served a true
and accurate copy of the foregoing, by placing a true and correct copy in a properly sealed and
addressed envelope and by depositing said sealed envelope in a U .S. mail drop box located
within Indianapolis, Indiana, with sufficient First Class Mail postage affixed thereto, upon each
of the following named persons :
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, IL 62794-9274
John J. Kim
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
David L. Hatchett
[This filing submitted on recycled paper as defined in 35 III. Adm. Code 101.202]
January 19, 2006
David L. Hatchett
Hatchett & Hauck, LLP
111 Monument Circle
Suite 301
Indianapolis, IN 46204-5124
Re :
Mac's Convenience Stores LLC v. Illinois EPA
PCB No. 05-124
Illinois EPA LPC #1671205270
Springfield/Mac's Convenience Store #160
2901 Stevenson Drive
LUST Incident #2002-1336 & 2002-1337
Dear Mr. Hatchett :
As you are aware, the Illinois Environmental Protection Agency ("Illinois EPA") and your client
have reached agreement on terms that will allow for the dismissal by your client, Mac's
Convenience Store ("Mac's"), of the above-referenced appeal. Part of that agreement calls for
the Illinois EPA to state its position as to whether or not the incident that was reported at the
Mac's Convenience Store #160 site ("Mac's site") in 2002 is a re-reporting of the first incident at
the site, as well as the implications of that position
.
The Illinois EPA's position is that the gasoline contamination found at the Mac's site is from a
release pre-dating Mac's operation (LUST Incident #920410) . Further, the Illinois EPA takes the
position that the No Further Remediation ("NFR") letter issued by the Illinois EPA's Leaking
Underground Storage Tank Section on May 7, 2002, addresses this rediscovered contamination .
Therefore, it is the Illinois EPA's position that Mac's has no liability or obligation to address the
gasoline contamination, other than to continue to maintain compliance with the terms of the May
2002 NFR letter .
Also, any costs related to remediation of the separate diesel release may be eligible for
reimbursement, and should be addressed separately. That release is considered separate and
apart from the gasoline release, and should be handled accordingly .
ROCKFORD-4302 North Main Street, Rockford, IL 61103-(815) 987-7760
•
DES PLANES-9511 W . Harrison St., Des Plaines, IL 60016-(847) 294-4000
ELGIN-595 South State, Elgin, 11160123 -(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-4500 S. Sixth Street Rd., Springfield, IL 62706-(217) 786-6892
• •
COLLINSVILLE-2009 Mall Street, Collinsville, IL 62234-(618) 346-5120
MARION-2309 W. Main St., Suite 116, Marion, IL 62959-(618) 993-7200
PRINTED
ON
RECYCLED PAPER
ILLINOIS ENVIRONMENTAL PROTECTION 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 -(312) 814-6026
ROD R .
BLAGOJEVICH, GOVERNOR
. DOUGLAS
P. SCOTT,
DIRECTOR
EXHIBITA
Division of Legal Counsel
(217) 782-5544
Telefax # (217) 782-9807
TDD # (217) 782-9143
E-mail : john.kim@epa.state.il.us
Letter to David L . Hatchett
January 19, 2006
Page 2
The discussions concerning this site also touched on whether your client would be able to receive
reimbursement for costs it has incurred to date regarding the 2002 incident and related handling .
Since the .2002 incident is a re-reporting of the 1992 incident, and since that incident has been
resolved via the issuance of the May 2002 NFR letter, no such reimbursement is possible
.
Therefore, the agreement between the Illinois EPA and Mac's specifically includes that no
further corrective action is necessary related to gasoline contamination stemming from the 2002
incident, and that no remediation costs related to gasoline contamination that were incurred after
issuance of the May 2002 NFR letter can be reimbursed
.
Finally, I would note that if your client wishes to further address the conditions that are
contained within the May 2002 NFR letter, it is possible to pursue modifications or amendments
by entering into the Illinois EPA's Site Remediation Program. For more details on how that
process would work, I suggest they contact a member of that program at 217-782-6761
.
Please let me know if you have any questions regarding this letter . Agreement to the terms of in
the letter will require you take immediate steps on behalf of your client to dismiss the above-
referenced appeal. Thank you for your continued patience and diligence in the resolution of this
matter .
John J.
Assistant Counsel
cc: Mindy Weller
