BEFORE THE ILLINOIS POLUTION CONTROL BOA
RECEIVED
LERK'S OFFICE
OCT 0 5 2006
STATE OF ILLINOIS
Estate of William Eggert,
Pollution Control Board
Petitioner,
(LUST
PCB
D
Decision)
7
V .
Illinois Environmental
Protection Agency,
Respondent.
PETITION FOR REVIEW OF AGENCY'S FINAL DECISION
Now comes Petitioner, Estate of William Eggert ("Petitioner"), by their
undersigned attorney, and hereby files this Petition for Review of the final
decision of Respondent, Illinois Environmental Protection Agency
("Respondent"), pursuant to Title 35 of the Illinois Administrative Code, Part
105, Subpart D
. In support of this Petition, Petitioner states as follows :
1) William Eggert owned the property located at 3917 South California
Avenue, Chicago, Illinois 60632 on his death, and this property is now
an asset of the
Petitioner .
2) Petitioner obtained a final decision of the Office of the Illinois State
Fire Marshal relating to Petitioner's Reimbursement Eligibility and
Deductible Application stating that Petitioner is eligible to seek
payment of costs in excess of $10,000
. A copy of the Office's final
decision is attached here as Exhibit 1
.
3) Respondent reviewed the Site Investigation Plan and Budget of
Petitioner relating to a leaking underground storage tank incident and
determined that the incident is not subject to "Title XVI of the Act or
35 11 . Adm. Code 731 ". A copy of the Respondent's determination,
which is a final decision, is attached here as Exhibit 2 .
4) Petitioner is appealing Respondent's determination because the
Petitioner maintains that the incident is subject to "Title XVI of the
Act or 35 II . Adm. Code 731". At the same time, representatives of
Petitioner's environmental consulting firm, Gabriel Laboratories, are
negotiating with Respondent concerning their determination as set
forth in Exhibit 2 .
5) Respondent's determination (Exhibit 2) is dated August 31, 2006 and
was sent by Certified Mail to Petitioner, Attention
: Mr. William Eggert
(the deceased's son)
. Mr. William Eggert is unaware when he received
the determination by Certified Mail . However, this Petition is being
filed within 35 days of Respondent's letter of determination, dated
August 31, 2006 .
Respectfully Submitt d,
Sidney Margoli
Petitioner's Attorney
123 West Madison, Suite 606
Chicago, Illinois 60602
(312)578-9382
4'
G .Mr54 Oil.,
217-765-0969
FAX
217 .782-1882
Divisions
ARSON INVESTIGATION
217782-9116
BOILER and PRESSURE
VESSEL SAFETY
217-7822696
FIRE PREVENTION
217-195-4714
MANAGEMENT SERVICES
217.782
.9889
INFIRS
217.785-5826
HUMAN RESOURCES
217 .785-1026
PERSONNEL STANDARDS
and EDUCATION
217-782-4542
PETROLEUM and
CHEMICAL SAFETY
217485.5878
PUBLIC INFORMATION
217-785-1021
WEB SITE
-.aad d
U&O
8n
State
"Partnering
Office
With the
Fire
Fire
of
Service
the Illinois
to
Marshal
Protect Illinois"
CERTIFIED MAIL
- RECEIPT REQUESTED #7003 3110 0004 1274 1853
May 8, 2006
Estate of William Eggert
9545 122 Way
Seminole, FL 33772
In Re :
Facility No_ 2-010607
IEMA Incident No. 05-1557
William Eggert Service Station
3917 S . California Ave .
Chicago, Cook Co., IL
Dear Applicant:
The Reimbursement Eligibility and Deductible Application received on April 14, 2006 for the above
referenced occurrence has been reviewed . The following determinations have been made based upon
this review.
It has been determined that you are eligible to seek payment of costs in excess of $10,000 . The costs
must be in response to the occurrence referenced above and associated with the following tanks :
Eligible Tanks
Tank 1 1,500 gallon Gasoline
Tank 2 1,500 gallon Gasoline
You must contact the Illinois Environmental Protection Agency to receive a packet of Agency billing
forms for submitting
your request for payment.
An owner or operator is eligible to access the Underground Storage Tank Fund if the eligibility
requirements are satisfied:
I .
Neither the owner nor the operator is the United States Government,
2.
The tank does not contain fuel which is exempt from the Motor Fuel Tax Law,
3.
The costs were incurred as a result of a confirmed release of any of the following substances
:
"Fuel", as defined in Section 1 .19 of the Motor Fuel Tax Law
Aviation fuel
Heating oil
1035 Stevenson Drive • Springfield, Illinois 62703-4259
PimIed an Recycled Paper
Esc4j
't 7 j
Kerosene
Used oil, which has been refined from crude oil used in a motor vehicle, as defined in Section 1
.3
of the Motor Fuel Tax Law
.
4.
The owner or operator registered the tank and paid all fees in accordance with the statutory and regulatory
requirements of the Gasoline Storage Act
.
The owner or operator notified the Illinois Emergency Management Agency of a confirmed release, the
costs were incurred after the notification and the costs were a result of a release of a substance listed in this
Section
. Costs of corrective action or indemnification incurred before providing that notification shall not
be
eligible for payment .
6.
The costs have not already been paid to the owner or operator under a private insurance policy, other
written agreement, or court order.
7.
The costs were associated with "corrective action"
.
This constitutes the final decision as it relates to your eligibility and deductibility
. We reserve the right to change
the deductible determination should additional information that would change the determination become available
.
An underground storage tank owner or operator may appeal the decision to the Illinois Pollution Control Board
(Board), pursuant to Section 57 .9 (c) (2).
An owner or operator who seeks to appeal the decision shall file a petition
for a hearing before the Board within 35 days of the date of mailing of the final decision, (35 Illinois Administrative
Code 105.102(a) (2)).
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, Illinois 60601
(312) 814-3620
The following tanks are also listed for this site
:
Tank 3 1,000 gallon Used Oil
Tank 4 1,000 gallon Heating Oil
Your application indicates that there has not been a release from these tanks under this incident number
. You may
be eligible to seek payment of corrective action costs associated with these tanks if it is determined that there has
been a release from one or more of these tanks
. Once it is determined that there has been a release from one or more
of these tanks you may submit a separate application for an eligibility determination to seek corrective action costs
associated with this/these tanks.
If you have any questions, please contact our Office at (217) 785-1020 or (217) 785-5878
.
Sincerely,
r
Deanne Lock
Administrative Assistant
Division of Petroleum and Chemical Safety
cc :
IEPA
Facility File
5GY-14-CuUo
i .J-4(
AUG 3 1 2006
Estate of William Eggert
Attention
: Mr. William Eggert
9545 122 Way
Seminole, FL 33772
Re
: LPC #0316305181 -Cook County
Chicago / Eggert Sr.,
William - The Estate of
3917 South California
Leaking UST Incident No . 20051557
Leaking UST Technical File
Dear Mr. Eggert:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Site Investigation
Plan and Budget submitted for the above-referenced incident
.
This Site Investigation Plan and
Budget, dated June 16, 2006, was received by the Illinois EPA on July 11, 2006
. Citations in
this letter arc from the Environmental Protection Act (Act), as amended by Public Act
92-0554
on June 24, 2002, and 35 Illinois Administrative Code (35 111 . Adm. Code).
Based on the information currently in the Illinois EPA's possession, this incident is not subject to
Title XVI of the Act or 35 Ill
. Adm. Code 731
. Since the underground storage tank (UST)
system was removed more than five years prior to the reporting of the LUST Incident, it cannot
be confirmed that the contamination present at this site is from the UST system
. Therefore, the
Illinois EPA Leaking Underground Storage Tank Section has no reporting requirements
regarding this incident.
This letter, however, does not address whether any remaining contamination at this site is being
managed to protect human health or the environment
. Any remaining contamination not the
subject of this letter may he subject to other provisions of the Act
.
If you wish to address any remaining contamination, or portion thereof, at the site and want
Illinois EPA concurrence that any cleanup measures taken arc protective of human health, you
may wish to consider participation in the Illinois EPA's Site Remediation Program
. The Site
Rtx- onen-4.102
North Main Street, Rockford, IL 61103-1815) 987.7760 •
DL, PWNLS-9511 W Harrison St. . Des Plaices . IL 60016-(547) Z94
.4000
EIOIN -595 South State, Elgin, IL 60123-(8471608-3131
• Perna-5415 N . University St.. Peoria,
IL 61614 -(3091693-5463
BueuU a Ln4p-Pt0 IA- 7620 N. University A ., Pee"
. 11 61614 -(304) 69) •5 462 •
CNAMPARAI
-
2)2S South First Stmt . Champaign, IL 61820-(217) 278-5800
SPRINCFK10-4500 S. Sixth Suvvt Rd .,
Springfield, IL 62706 -(217) 786.689(
CMI
wsvulr - 200q Mall Strut .
Cnll,nsvdM, IL 62234 -(618) 346-5120
MAexm -2309 W
. Main St.,
Suite 116
. Marion .
IL 32959-(616) 993
.72(1)
1miNttn ON Rrrvr, Pn Pnne
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 Noflrn GRAND AveNur EAST, P.O
. Brim 19276, SPRrNOrIELD, ILLINOIS 62794-9276
- ( 217) 782-3397
JAMES R. THOMPSON CtNrti . 100 WtST RA1x/Dana, SUITE 11-300, CHICAGO, IL
60601
-
(312) 8146026
RoD R . BLAGOJEVICH, GOVERNOR
DOUGLAS P . SCOTT,
DIRECTOR
217/782-6762
CERTIFIED MAIL _ _
7004 2510 0001 8587 3131
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k 11817
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Page 2
Rentediation Program has been developed to provide Illinois EPA ,guidance, assistance and
determinations of successful completion for the voluntary conduct of remediation actions
. The
objectives of the program are as follows :
1 .
To provide Illinois EPA experience and assistance towards a timely, effective, and
resource efficient cleanup of soil and/or groundwater contamination
; and
2.
To provide proper conclusion of participation in the progrann resulting in the issuance of
either a No Further Rcmediation Letter or a Release of Responsibility Letter by the
Illinois EPA .
Under the Site Rcmediation Program the Illinois EPA is authorized, and may agree, to provide
review and evaluation services for actions at sites where hazardous substances, pesticides or
petroleum may be present for which the owner or operator requested such services in writing
.
Any other person similarly may request review and evaluation services for actions at the site so
long as that other person has provided the Illinois EPA with the written permission of the owner
or operator to conduct those actions . Participants in the Program are required to reimburse the
Illinois EPA for such services.
If you have any questions or require further assistance, please contact Michael A . Heaton at
217/524-3312
.
Sincerely,
Michael T. Lowder
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
MTL:mh\05I557fr .doc
cc:
Mr
. Kara Golembiewski-Gabriel Environmental Services (Chicago, Illinois)
BOL File
P
.03
TOTAL P
.03
CERTIFICATE OF SERVICE
I, Sidney Margolis, the undersigned attorney for the Petitioner, do hereby certify
that he caused a copy of the foregoing Petition for Review of Agency's Final Decision to
be served on Illinois Environmental Protection Agency, the Respondent, by mailing the
said copy to the Illinois Environmental Protection Agency, Division of Legal Counsel,
1021 North Grand Avenue East, P .O. Box 19276, Springfield, Blinois 62794-9276 in the
U.S. Mail, postage prepaid, on Octobers 2006.
