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HEDINGER LAW OFFICE
2601 South Fifth Street
Springfield, IL 62703
(217) 523-2753 phone
(217) 523-4366 fax
hedinger@cityscape.net
This Pleading is being submitted on recycled paper
NOTICE OF FILING AND PROOF OF SERVICE
The undersigned certifies that an original and nine copies of Petitioner's Petition for Review
of Site Investigation Plan Denial was served upon the Clerk of the Illinois Pollution Control Board,
and one copy was served upon the following party of record in this cause by enclosing same in
envelopes addressed to :
Dorothy Gunn, Clerk
Division of Legal Counsel
Illinois Pollution Control Board
Illinois Environmental Protection Agency
James R. Thompson Center
1021 N. Grand Ave. East
100 W. Randolph St., Suite 11-500
P.O. Box 19276
Chicago, IL 60601
Springfield, IL 62794-9276
with postage fully prepaid, and by depositing said envelopes in a U
.S. Post Office Mail Box in
Springfield, Illinois on the 91" day of March, 2006, before
. : e.m .
.
I
.01
F. Heding
RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAR 1 r ; " 3
ARLYN D. FISK, d/b/a
)
STATE OE 4-0,4',
ARLYN FISK'S SERVICE CENTER,
)
Pollution
Petitioner,
/ )
v.
)
Case No .
OG -!
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent .
)
Permit Appeal
 
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ARYLN D. FISK, d/b/a
)
ARLYN FISK'S SERVICE CENTER,
)
Petitioner,
~ )
v.
)
Permit Appeal
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent
.
)
PETITION FOR REVIEW OF SITE INVESTIGATION PLAN DENIAL
Case No
.
RECEIVED
CLERK'S OFFICE
MAR 1 3 2006
STATE OF ILLINOIS
Pollution Control Board
Ck
. I
L5
NOW COMES Petitioner, ARLYN D. FISK, d/b/a ARLYN FISK'S SERVICE CENTER,
through his undersigned attorney, and files this Petition for Review of Site Investigation Plan
Denial pursuant to Section 40(a)(1) of the Illinois Environmental Protection Act, 415 ILCS
5/40(a)(1), and pursuant to 35 III . Adm. Code, Part 105, Subpart B,
and seeks this Board's
reversal of the denial by the Respondent, ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY (hereinafter "IEPA"), of a Site Investigation Plan and budget submitted by Petitioner
.
In support of this petition, Petitioner states as follows
:
1. Petitioner is the owner and operator of an underground storage tank facility located at
210 East Pine Street in Percy, Randolph County, Illinois, given IEPA facility number LPC
#1570355006 .
2. One or more underground storage tanks at Petitioner's facility, eligible for remediation
and for reimbursement from the Illinois Leaking Underground Storage Tank Fund pursuant to Title
XVI of the Environmental Protection Act, were suspected of having released petroleum in or about
February 2005. Petitioner timely reported the suspected release to the Illinois Emergency
Management Agency, and the matter was given LUST Incident No . 2005-0237 .
3. Following completion of early action in compliance with Title XVI of the Environmental
Protection Act, Petitioner submitted to the IEPA his Site Investigation Plan and budget, as required
by Section 57.7 of the Environmental Protection Act, 415 ILCS 5/57 .7 .
 
4 .
By letter dated February 2, 2006, also received by Petitioner on or after February 2,
2006, the IEPA denied the Site Investigation Plan and budget, and determined that the subject
incident is not governed by Title XVI of the Environmental Protection Act, nor by 35 III . Adm .
Code Part 731 . A true and correct copy of the IEPA's February 2, 2006 letter is attached hereto as
Exhibit A
.
5. This appeal, being submitted on the 35" day following the mailing of the IEPA's denial
letter, is timely .
6 .
Petitioner requests that this Board reverse the decision of the IEPA, and direct the IEPA
to accept the Site Investigation Plan and budget, for one or more of the following reasons
:
A
.
The IEPA's decision is contrary too the factual evidence in the record
before the IEPA at the time it rendered its decision
;
B .
The IEPA's decision is contrary to the provisions of the
Environmental Protection Act and/or this Board's regulations
.
7. Petitioner reserves the right to add additional bases for reversal of the IEPA's decision,
as any may become apparent.
WHEREFORE, Petitioner, ARLYN D . FISK, d/b/a ARLYN FISK'S SERVICE CENTER,
requests that this Board accept this matter for hearing, and following notice and hearing, reverse the
decision of the Respondent, Illinois Environmental Protection Agency, as expressed in its February
2, 2006 letter, and award to Petitioner all relief to which Petitioner is entitled
.
Respectfully submitted,
Aryln D. Fisk, d/b/a Arlyn Fisk's Service Center,
Petitioner,
By his attorney,
Hedinger Law Office
2601 South Fifth St
.
Springfield, IL 62703
(217) 523-2753 phone
(217) 523-4366 fax
hedinger@cityscape.net
By
HEDINGE'
AW OFFICE
1
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F. Hedin
2
 
C 3/09/2006
13:09
2177269472
217/782-6762
FEB
0 2
2006
Arlyn Fisk's Service Center
Attention: Al Fisk
P.O. Box 250
Percy, Illinois
62272
Re :
LPC 91570355006 -- Randolph County
Percy / Arlyn Fisk's Service Center
210
East Pine Street
LUST Incident No. #20050237
LUST Technical File
Dear Mr. Fisk :
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Site Investigation
Plan (plan) and budget submitted for the above-referenced incident. This plan, dated October 20,
2005, was received by the Illinois EPA on October 24,
2005
.
Citations in this letter are from the
Environmental Protection Act (Act), as amended by Public Act
92-0554
on June 24, 2002, and
35 Illinois Administrative Code (35 III . Adm . Code) .
Based on the information made-available to the Illinois EPA, this incident is not subject to Title
XVI of the Act or 35 111 . Adm. Code 731, for the following reasons
:
l . On February 15, 2005, the Illinois Emergency Management Agency (LEMA) was notified
of a petroleum release at the above-referenced site. However, the Illinois EPA does not
consider PID readings to be evidence of a release. Therefore, the IEPA cannot determine
whether a release occurred at this time
.
2 .
On February 25, 2005, LEMA should have been notified when soil contamination was
discovered along the former product lines in referenced borings, PL-l, PL-2 . and PL-3
.
However, since another LUST Incident Number has not been assigned to this site, the
Illinois EPA cannot reimburse any activities, until LEMA is notified of another release
.
Any future correspondence should be submitted to
:
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Ma.n 4reel. Ruckiord
.
IL
61103-19151 907.7760
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EMI
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY'
1021 NORTH GRAND AUENUL EAST, P.O . Box 19276, SPRINCFIfLD. ILLINOIS 62794-9276 -( 2171 7923397
LAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300,CHICAGO . IL 60601 -(312) 814 .6026
ROD R. BLAGOIEVICH, GOVERNOR
DOUGLAS P. SCOTT, DIRECTOR
CERtIFIED MAIL
7004
2510 0001
8654
0896
PAGE
03
 
03/09/2006
13:28
2177269472
Page 2
Illinois Environmental Protection Agency
Bureau of Land - #24
Leaking Underground Storage,Tank Section
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
Please submit al ; correspondence in duplicate and include the Re : block shown at the beginning
of this letter
.
An underground storage tank system owner or operator may appeal this decision to the Illinois
Pollution Control Board. Appeal rights arc attached
.
If you have any questions or require further assistance, please contact the Illinois EPA project
manager, Eric Kuhlman, at 217-785-5715
EMI
PAGE
C 4
Sincerely,
fole
arty A. Chappel. P.E .
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
HAC:EK:EK\
C :
Environmental Management, Inc
.
Division File

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