CLERK'SWEIVEDOFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR 1 0 2006
ARYLN D. FISK, d/b/a
)
ARLYN
FISK' a SERVICE CENTER,
STATEollution
OF
ControlILLINOISBoard
)
Petitioner,
)
v.
)
PCB 06-130
AGENCY,
)
Respondent.
)
ILLINOIS ENVIRONMENTAL PROTECTION
NOTICE OF FILING AND PROOF OF SERVICE
To:
Pollution Control Board, Attn : Clerk
100 West Randolph Street
James R
. Thompson Center
Suite 11-500
Chicago, IL 60601-3218
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 N. Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
(UST appeal)
Carol Webb, Esq ., Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, IL 62794-9274
Division of Legal Counsel
-
Attn. Melanie Jarvis
Illinois Environmental Protection Agency
1021 N
. Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
PLEASE TAKE NOTICE that on the
day of April, 2006, we sent via U .S . first class
mail to the Clerk of the Pollution Control Board the original and nine copies of the PETITION
FOR REVIEW for filing in the above entitled cause
.
The undersigned certifies that a true and correct copy of the PETITION FOR REVIEW
was served upon each of the above-identified individuals via U
.S . mail, by enclosing the same in
envelopes properly addressed, with ostage fully prepaid, and by depositing said envelopes in a
U .S . Post Office mail box, on the
day of April, 2006.
Step en F. dmger
Hedinger Law Office
2601 S . Fifth St .
Springfield, IL 62703
(217) 523-2753 phone
(217) 523-4366 fax
hedinger @cityscape
.net
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDRECEIVED
CLERK'S OFFICE
ARYLN D. FISK, d/b/a
)
APR 1 0 2006
ARLYN FISK'S SERVICE CENTER,
)
STATE
OF ILLINOIS
Petitioner,
)
,
Pollution Control Board
v.
)
PCB 06-130
(UST appeal)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
Respondent.
)
PETITION FOR REVIEW
NOW COMES Petitioner, ARLYN D
. FISK, d/b/a ARLYN FISK'S SERVICE
CENTER, through its undersigned attorney, and pursuant to Section 40(a)(1) of the
Environmental Protection Act, 415 ILCS 5/40(a)(1), and Section 105 Subpart D of this Board's
procedural regulations, 35 III . Adm
. Code 105 .400-105 .412, hereby seeks review of the decision
of Respondent ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (IEPA) in a letter
dated December 7, 2005 (a true and correct copy of which is attached hereto, and incorporated
herein, as Exhibit A), denying reimbursement from the Leaking Underground Storage Tank
Fund, and alternatively denying a portion of Petitioner's request for reimbursement . In support
of this Petition, Petitioner states as follows :
1 .
Petitioner is owner/operator of a facility located at 210 East Pine Street in Percy,
Randolph County, Illinois, at which suspected leaking underground storage tanks
were located, and at which LUST Incident No . 20050237 was reported, and at
which remediation (including early action) has taken place .
2.
Following completion of early action in compliance with Title XV I of the
Environmental Protection Act, Petitioner submitted to the IEPA on July 6, 2005,
his application for payment from the Underground Storage Tank Fund, pursuant
to Section 57
.8(a) of the Environmental Protection Act, 415 ILCS 5/57
.8(a), for
payment in reimbursement for work performed . between February 15, 2005 and
May 27, 21005
. The amount requested was $20,41,0
.10.
3.
On December 7, 2005, the IEPA issued its letter of that date denying
reimbursement on the ground that the IEPA "cannot determine whether a release
occurred, prior to those activities performed on 9/26/2005 ." The letter also denied
reimbursement of handling charges in the amount of $831 .50 as ineligible, on the
grounds of insufficient information .
4.
On January 13, 2006, Petitioner and IEPA submitted to this Board a joint notice to
extend the 35-day period to appeal the December 7, 2005 determination, pursuant
to 415 ILCS 5140(a)(1), and 35111 . Adm. Code 105 .401 and 105 .406.
5 .
On January 9, 2006, this Board entered an order in this case acknowledging the
parties' joint notice to extend the 35-day period for Petitioner to seek review of
the IEPA's final decision, and extending the date for Petitioner to file its petition
for review until April 13, 2006
.
6.
Among other things, the IEPA's final decision finding none of the costs eligible
for reimbursement is in error as a matter of law and fact .
7.
Also among other things, the IEPA's final decision finding that $831 .50 could not
be reimbursed is also in error as a matter of law and fact .
8 .
Accordingly, the IEPA's final decision letter in total resulted in erroneous
reimbursement determinations in the amount of $20,410
.10, less the $10,000
applicable deductible, for a total erroneous reimbursement determination of
$10,410.10,
which Petitioner seeks in this LUST Fund reimbursement appeal
.
WHEREFORE, Petitioner, ARLYN D . FISK, d/b/a ARLYN FISK'S SERVICE
CENTER, requests that this Board reverse the IEPA's denial of LUST Fund reimbursement, and
award to Petitioner $10,410 .10 in additional LUST Fund reimbursement, and award to Petitioner
his attorney fees and costs, and award to Petitioner all such other and further relief as may be
within this Board's jurisdiction and authority .
Respectfully submitted,
ARLYN D . FISK, d/b/a ARLYN FISK'S
SERVICE CENTER
Petitioner,
By his attorney, .
Hedinger Law Office
2601 S . Fifth St .
Springfield, IL 62703
(217) 523-2753 phone
(217) 523-4366 fax
hedinger@cityscape.net
/XI-
