BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
VILLAGE OF WILMETTE,
1
Petitioner,
1
1
PCB No. 07-
v.
)
1
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
1
Respondent.
1
PETITION FOR REVIEW OF
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY DECISION
The Village of Wilmette ("Village"), a municipal corporation, by and through its
attorney and pursuant to the Illinois Environmental Protection Act and the Illinois
Administrative Code, hereby appeals a certain decision of
the Illinois Environmental Protection
Agency (IEPA) as set forth below:
1.
The Village, as owner of a former underground leaking storage tank, performed and
completed all investigative
andlor remedial activities required by IEPA at the
Village's site located at 710 Ridge Road, Wilmette, Illinois 60091. The Site was
referred to as IEPA
#0313305091 and LUST Incident #982714
2.
The Village was issued a No Further Remediation
(NFR) letter for the site, and
thereafter, filed its final reimbursement request with IEPA. (Exhibit A).
3.
This Petition involves a final application for payment that was less than the IEPA
approved budget amount and arises from the
IEPA's final decision denying certain
costs contained within the Village's final application for payment. The
IEPA's
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 14, 2006
* * * * * PCB 2007-048 * * * * *
decision, by letter dated November 13, 2006, states that its decision was final and
appealable. (Exhibit B).
4.
The Village requested that IEPA join in an appropriate request to the Illinois
Pollution Control Board for a 90-day extension of the 35-day appeal period. (Exhibit
C). By letter dated November 22. 2006, EPA denied the Village's request. (Exhibit
Dl.
5.
The Village is appealing the IEPA's decision of November 13, 2006, and also
requests that, given the public policy issues raised by this appeal. that IEPA be
deemed to have joined in this appeal notwithstanding
IEPA's refusal to join in this
appeal. This Petition for Review is timely filed.
WHEREFORE, the Village respectfully requests that the Board:
1) enter an order
directing the IEPA to approve the Billing Package for final reimbursement, as set forth in
Exhibit A hereto: 2) approve the Village's attorney's fees and costs in bringing this appeal.
Respectfully submitted,
VILLAGE
OF WILMETTE,
Respondent
Dated: December 15,2006
Mary Beth Cyze
Assistant Corporation Counsel
Village of Wilmette
1200 Wilmette Avenue
Wilmette, IL 60091
8471'853-7505
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 14, 2006
* * * * * PCB 2007-048 * * * * *
-1-
#MACTEC
engineering and constructing a better tomorrow
I
August 4,2006
Ms. Valerie Davis
Illinois Environmental Protection Agency
LUST Claims Unit,
Planning
&
Reporting Section
Bureau of Land
102
1 North Grand Avenue East
Springfield, Illinois 62794-9276
RE:
LPC
#0313305091
-Cook County
WilmettetWilmefte, Village of
710
Ridge Road (Police Station)
LUST Incident No.
982714
LUST Technical File
MACTEC Project No.
3205050405.03
Dear Ms. Davis:
Enclosed please find an original and one
(I) copy of two (2) different sets of Illinois Environmental
Protection Agency (IEPA) Budget and Billing Form for Leaking Underground Storage Tank Sites for the
above referenced LUST incident. One set of forms represents
Budget Amendment No.
3 and the other
set represents a
Billing Package
for the final reimbursement request for the implementation of the
Corrective Action at the site. MACTEC Engineering and Consulting,
Inc. (MACTEC) is submitting these
forms on behalf of the Village of Wilmette (Wilmette). The budget amendment is being submitted along
with the final reimbursement request in an effort to
simplib and expedite the review and approval
process.
The total approved budget is currently $607,703.08 which was approved by
lEPA via the letter dated July
11,
2002. The budget amendment is requesting an increase of $12,109.25 in the "Personnel Costs"
category and an increase of $2,728.31 in the "Handling Charges-' category of the previous budget plan.
Therefore, Wilmette is requesting that
IEPA approve a total budget increase of $14,837.56. The billing
package is requesting reimbursement of
$132,632.58.
As part of this currently approved budget, to date IEPA has reimbursed Wilmette $426,950.91. (Note, an
additional $3,597.89 was reimbursed. for a total to date reimbursed amount of $430,548.80, but this
additional amount was not covered by the currently approved budget.) Therefore, of the total approved
budget of $607,703.08, the total reimbursement amount (including the current request) is
$559,583.49,
which is $48,119.59 less than the currently approved budget.
MACTEC Engineering ond Consulting, Inc.
5440
N.
Cumberiand Avenue, Suife 250 Chicago,
li
60656 Phone: 773,693,6030 Fax: 773.693.6039
w.modec.com
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 14, 2006
* * * * * PCB 2007-048 * * * * *
Ms. Valerie Davis
Illinois Environmental Protection Agency
August
4,2006
Page 2
The attached spreadsheet shows a summary of the categorical breakdown ofthe budget and
reimbursement amounts.
Please feel free to contact either of us if you have any questions or require any additional
information.
Sincerely,
MACTEC Engineering and Consulting, Inc.
Dennis E. Nagg
Principal Scientist
Enclosure
cc:
Brigirte Mayerhofer, Wilrnette
Paul
Hah~
Wilmette
Mary Beth
Cyze, Wilmette
Mary
-.a?<&
E. nk, P.
.
Principal Geologist
P:EnvU20505040S\WORK\Reimbui~ement FilesBudget_Reimbunement
Cover
Letter.doc
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 14, 2006
* * * * * PCB 2007-048 * * * * *
TOTAL IEPA BUDGET AND REIMBURSEMENT AMOUNTS
VILLAGE OF
WILMETTE
POLICE STATlONlHOWARD PARK LUST SITE
IEMA NO. 982714
DIFFERENCE
(BIJDGET
MlNlJS
REIMBURSED)
$269.00
$7,158.00
$0.75
$1,315.96
$54,213.44
$0.00
$62,957.15
TOTAL PREVIOUS
&
CURRENT
REIMBURSEMENT
$5,224.00
$10,830.00
$160,012.00
$4,3 1 1.04
$362.176.35
$17.030.10
$559,583.49
CURRENT
REIMBURSEMENT
REQUEST
$279.12
$8,259.00
$62,364.50
$4,3 11.04
$52,309.14
$5,109.78
$132,632.58
PREVIOUSLY
REIMBURSED
$4.944.88
$2,571.00~
$97,647.50
$0.00
$309,867.21
$1
1,920.32
$426,950.91
CURRENTLY
BUDGET
APPROVED
AMENDMENT
CATEGORY
BUDGET
NO.
3
Invcstigstion Costs
85.493.00
$0.00
Analysis Costs
$17,988.00
$0.00
Persolrrlel Costs
$147,903.50
$12,109.25
Equipment Costs
$5,627.00
$0.00
Field
Purchases and
Other Costs
$416,389.79
$0.00
Handling
Cimiges
$14,301.79
$2,728.31
'TOTAL
$607,703.08
$14,837.56
~~ -
~
p~
TOTA I,
REQUESTED
BUDGET
$5,493.00
$17,988.00
$160,012.75
$5,627.00
$416,389.79
$17,030.10
$622,540.64
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 14, 2006
* * * * * PCB 2007-048 * * * * *
'4
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH CRAVD AVENU~
EAST, P.O. BOX 19276, SPRINGFIELD, ~LLINO~S 62793.9276 - ( 217) 782-3397
JMES R. THOMPSON CENTER, 100 WEST
RANDOLPH, SUITE 11-300, CHICAGO,
IL
60601 - (31 2) 813-6026
Roo
R. BLAGOIEVICH, GOVERNOR
DOVGLAS
P. SCOTT, DIRECTOR
CERTIFIED MAIL
#
Village of Wilmette
Ann: Paul
Hahn, Building and Grounds Supervisor
1200 Wilmette Road
Wilmette, IL 60091
Re:
LPC
#0313305091
--
Cook County
WilmetteNJilmette, Village of
7 10 Ridge Rd.
Leaking UST Incident No. 982714
Leaking UST FISCAL FILE
Dear Mr.
Hahn:
The Illinois Environmental Protection Agency has completed the review of your application for
payment
fiom the Underground Storage Tank Fund for the above-referenced Leaking UST
incident pursuant to Section
57.8(a) of the Illinois Environmental Protection Act (Act), and 35
Ill. Adm. Code 732, Subpart F. This information is dated August 2,2006 and was received by
the Agency on August 7,2006. The application for payment covers the period from June 29,
2002 to May 26,2006. The amount requested is
$132,632.58.
The deductible amount for this claim is $10,000.00, which was previously deducted from the
billing submittal received by the Agency on March 22,2001 for
$14,1&.24. There are costs
from this claim that are not being paid. Listed in Attachment A are the costs that are not being
paid and
-;ie
reasons rhese costs are nor being paid.
On August 7,2006, the Agency received your complete application for payment for this claim.
As a result of the Agency's review of this application for payment, a voucher for
$1 17,795.77
will be prepared for submission to the Comptroller's Office for payment as funds become
available based upon the date the Agency received your complete request for payment of this
application for payment. Subsequent applications for payment that have
beedare 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 may appeal this final decision to the Illinois
Pollution Control Board (Board) pursuant to Section
57.8(i) and Section 40 of the Act by filing a
KOCL~ORD
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 14, 2006
* * * * * PCB 2007-048 * * * * *
Page 2
petition for a hearing within 35 days after the date of issuance of the final decision. However,
the 35-day period may he 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
applicant wishes to receive a 90-day extension, a written request that includes a statement of the
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 GUM, Clerk
Illinois Pollution Control Board
State of Iliinois Center
100 West Randolph, Suite 1
1-500
Chicago, Illinois 60601
3
121814-3620
For information regarding the filing of an extension, please contact:
Illinois Environmental Protection Agency
Division of Legal Counsel
102 1 North Grand Avenue East
Springfield, Illinois 62794-9276
2171782-5544
If you have any questions or require further assistance, please contact Niki Weller of my
staff at
2171782-6762.
462%
Doug1 E. Oakley, Manager
~edng
UST Claims Unit
Planning
&
Reporting Section
Bureau of Land
DEO:NW:mls\060523.doc
Attachment
cc:
MACTEC Engineering
&
Consulting, Inc.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 14, 2006
* * * * * PCB 2007-048 * * * * *
Attachment A
Accounting Deductions
Re:
LPC
#0313305091
--
Cook County
Wilmette/Wilmette, Village of
710 Ridge Rd.
Leaking UST Incident No. 982714
Leaking UST FISCAL FILE
Citations in this attachment are from the Environmental Protection Act (Act) in effect prior to
June 24, 2002, and 35 Illinois Administrative Code (35
Ill. Adm. Code).
Item
#
Description of Deductions
1.
$14,836.81, deduction for costs associated with free product removal, site investigation or
corrective action. The billings submitted exceed the approved budget amounts. The
Illinois EPA is unable to approve billings that exceed the approved budget amounts
pursuant to Section
57.8(a)(l) of the Act and 35 Ill. Adm. Code 732.60I(g) and
732.606(m).
A deduction is being made in the amount of $12,108.50 from the Personnel costs. The
costs are over the approved budget amount.
A deduction is being made in the amount of $2,728.31 from the Handling Charges. The
costs are over the approved budget amount.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 14, 2006
* * * * * PCB 2007-048 * * * * *
#
MACTEC
November 16,2006
lllinois Environmental Protection Agency
Division of Legal Counsel
102
1 North Grand Avenue East
PO Box 19276
Springfield, Illinois 62794-9276
RE:
LPC
#0313305091
-Cook County
Wilmette/W"Wlmette, Village of
710
Ridge Road (Police Station)
LUST Incident No.
982714
MACTEC Project No.
3205050405.03
To Whom It May Concern:
Pursuant to Sections
57.8(i) and 40 of the Illinois Environmental Protection Act (Act) and on behalf of
the Village of Wilmene, MACTEC Engineering and Consulting,
Inc. (MACTEC) hereby requests a
90-day extension to the 35-day appeal period for the rejection of the full amount of the reimbursement
request for the above-referenced site. An amended
budget to which this reimbursement request is
related, is currently under appeal with the lllinois Pollution Control Board. The subject
reimbursement request was dated August 2,2006. The final decision letter issued by IEPA was dated
November 13,2006 (copy attached) and was received by MACTEC on November 15,2006.
Accordingly, we request that the Agency prepare and file with the lllinois Pollution Control Board the
appropriate request for a 90-day extension of the 35-day appeal period for this purpose. Please send
the Village of
Wilmette and EvlACTEC a copy of the extension request that the Agency files with the
Pollution Control Board for this purpose.
Please let either of us know if you need any additional information. Thank you for your assistance
with this matter.
Sincerely,
MACTEC Engineering and
Consulting, Inc.
Ql&+-&-'.l
Lk@
Dennis E. Nagg
Principal Scientist
Enclosure
CC:
Brigitte Ma>,erhofer. Wilmene
Paul
Hahn,
Wilmene
Mar).
Beth
Cyze.
Wilmene
MACTEC Engineering
and Consulting, Inc.
5440 N. Cumberland Avenue, Suite 250. Chicago. IL 60656
773-693-6030.
Fax:
773-693-6039
Principal Geologist
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 14, 2006
* * * * * PCB 2007-048 * * * * *
ILLINOIS
ENVIRONMENTAL PROTECTION
AGENCY
1021 NORTH
GRAND
AVENUE EAST,
P.O.
BOX 19276, SPRINGFIILD, ILLINOIS 62794-9276 -
i
21 7) 782-3397
]~i.$Es R.
THOMPSON CENTER, 100 WEST
RANDOLPH, SUITE 11-300, CHICAGO,
LL
60601 - (31
2)
814-6026
ROD R. BLAGOJEVICH,
GOVERNOR
DOUGLAS
P.
SCOTT, DIRECTOR
(217)782-5544
(TDD: 217-782-9143)
Author's
Dinct
Line:
(217)782-9827
E-Mail:
william.inger~oil@epaITate.il.us
Teiefax
217-782-9807
November 22,2006
Mr. Dennis E. Nagg
blACTEC Engineering and Consulting, Inc.
5440 N. Cumberland Avenue, Suite 250
*"
Chicago, Illinois 60656
.
_____C__I_______-------
--
Re:
#0313305091- Cook County
Wilmette~Wilmette, Village of
710 Ridge Road (Police Station)
LUST Incident No. 982714
Dear
Mr. Nagg:
1 am in receipt of your letter dated November 16,2006 requesting an extension of the time in which
to appeal the Illinois
EPA's November 13,2006 decision regarding the above incidents and site.
Since the issues relating to the decision are not likely to be resolved
though the additional time,
please be advised that the request for an extension of time is
DENIED.
Your time to appeal the
earlier decision is not extended.
If you have
any
questions, please feel free to contact me.
Sincerely,
William
D. ~n~ersoil,
Manager
Enforcement Programs
cc:
Clifford
L. Wheeler, BOULUST Section
Rmxro*o
-
4302
North Main Street.
Rockford.
lL
61 103
-
1815) 987-7760
.
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Pial~rr
-
951 1
W. Harrison St..
Del
Plaines, IL
60016
-
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- 595 South State. Elgin, IL
60123
-
(8471 608.31 31
-
Pioa:A
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541
5
N.
Univeriily St., Peoria, lL
61614
-
1309) 693-5463
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PLnRiA
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7bZ0 N.
Vnivenity St., Pwria, IL
61 614
- 6309)
693-5462
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CHWPAICN
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2125
South
First Street, Champaign,
:L 61820
-
1217) 278-j8W
541NGGiEtD -
4500
5.
Sixth Street
Rd..
Sprine!ield, IL
62706
-
1217) 786-6892
.
Co~~i*sviitt
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2009
Mall
Slree!.
Colliniville. IL
62234
-
161 8: 346-S120
~~ilon
-
2309
W. Main St., Suite
116.
Marion, IL
62959
-
lb181 993-7200
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 14, 2006
* * * * * PCB 2007-048 * * * * *