BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PMA & ASSOCIATES, INC.,
)
Petitioner,
)
)
v.
)
PCB No.
)
(LUST Appeal)
ILLINOIS ENVIRONMENTAL
1
PROTECTION AGENCY,
)
Respondent.
1
To:
Dorothy M. Gunn, Clerk
William
B. lngersoll
Illinois Pollution Control Board
Managing Attorney
James
R. Thompson Center
Ill. Environmental Protection Agency
100 West Randolph Street
1021 North Grand Ave. East
Suite 1 1-500
Springfield,
l L 62702
Chicago,
lL 60601
PLEASE TAME NOTICE that we have this day filed with the office of the
Clerk of the Pollution Control Board the
Petition fo"oreview
a copy of which is
enclosed herewith and hereby served upon you.
January 16,
2007
PIVIA & ASSOCIATES, INC.
By:
One
of its Attorneys
John T. Hundley
Mandy L. Combs
THE SHARP LAW FIRM, P.C.
P.O. Box 906
- 1 11
5
Harrison
Mt. Vernon,
IL 62864
6 1 8-242-0246
Counsel for Petitioner PAM
&
Associates, Inc
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 16, 2007
* * * * * PCB 2007-63 * * * * *
BEFORE THE POLLUnION
CONTROL
BOARD
OF
THE
STATE
OF lLLlNOBS
PMA & ASSOCIATES, IMC.,
)
Petitioner,
)
v.
)
)
PCB No.
)
(LUST Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Respondent.
1
PETITION FOR REVIEW
Pursuant to
ss
40 and 57.8(1) of the Environmental Protection Act ("Act"),
415
ILCS 5/40, 5/57.8(1), and to the Board's regulations on Leaking
Underground Storage Tank ("LUST") decisions, 35 ILL.
ADM. CODE 105.400
et
seq.,
petitioner PMA
& Associates, Inc. ("PMA") submits this Petition for Review
of the Illinois Environmental Protection Agency ("Agency") decision attached
hereto as Exhibit
+I ("Decision") denying PMA reimbursemen"c0r $2,096.88 in
costs incurred under the LUST program
Pursuant to
s
57.8(1) of the Actl PMA further requests the Board to order
the Agency to pay
PMA's legal costs for seeking payment in this appeal.
The Decision of which review is sought is contained in Exhibit
1 hereto.
11. SERVICE
OF THE
AGENCY'S
FINAL DECISION
The Decision indicates it was mailed December 11, 2006.
It was received
by PMA December 13, 2006.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 16, 2007
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881.
GROUNDS
FOR APPEAL
A. The Agency's contention that PMA1s analysis costs "lack supporting
documentation" is erroneous, arbitrary and capricious. 35
111. Adm. Code
732.601
(b)(9) and 734.605(b)(9) state that a complete application for payment
consists of the following elements:
...[ A]n accounting of costs, including but not
limited to, invoices,
receipts, and supporting documentation showing the dates
and descriptions of the work performed. PMA in fact submitted the required
documentation, which was ignored by the Agency.
B.
The Agency's contention that it cannot determine if the $2,096.88 will
be used for "corrective action activities in excess of those required to meet the
minimum requirements of Title
XVI of the Act" is erroneous, arbitrary and
capricious.
The application at issue was not for a budget
butfor
reimbursement. The activities already have been performed and the conjecture
by the Agency is both illogical and erroneous.
I!!.
CONCLUS~ON.
For all the foregoing reasons, petitioner PMA & Associaks, Inc. respectfully
submits that the Decision should be reversed and the Agency ordered (1) to
pay
from the LUST fund the disallowed costs and (2) to pay PMA's attorneys'
fees for this appeal from non-LUST funds.
January 16, 2007
PMA & ASSOCIATES, INC.
il
By:
jq
.----- // *
///P-
%
One of its ~%orne~s
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 16, 2007
* * * * * PCB 2007-63 * * * * *
John T, Hundley
Mandy L. Combs
THE SHARP LAW FIRM, P.C.
P.O. Box 906
- 11 15 Harrison
Mt. Vernon, IL 62864
6
1 8-242-0246
Counsel for Petitioner PMA
&
Associates, Inc..
sara\wpdocs\USI-PMA\Pet for Review.wpd.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 16, 2007
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Roo R.
BLAGOIEVICM,
GOVERNOR
DOUGLAS
P.
SCOTT,
DIRECTOR
RECEIVED
CERTIFIED MIL
#
BF
PMA
&
Associates, Inc.
Am:
John Montgomery
Southwest
BanWComm. La=ncbg (Acct.
#00329
13725)
#2
Carlyle Plaza Drive
Belleville, Illinois
6222
1
Re:
LPC #1 8 18995001 1
--
Union County
'MIxelPW
&
Assoc.
Rt.
3
&
146
Leaking
UST Incident No. 2002 1598
Leaking UST FISCAL FILE
Dear
Mr.
Montgomgmy:
The Illkois Environmental Protection Agency has completed the review of
your
aapplicaeion for
payment
fiom the Underground Storage Tank Fund for the above-referenced Lealcing UST
incident pursuant to Section 57.8(a) of the Illinois EnviromenM Protection Act (Act), and 35
111.
Ah.
Code 732, Subpart
IF.
This indbmation is dated August
3
1,2006 and was received by
the Agency on September 1,2006, The application for papent covers the period from August
1, 2005 to August 12,2006. The momt requested is $1 13,944.46.
The deductible momt for this claim is $10,000.00, which
was
previously deduct4 from the
billing subdml received by the Agency on March 28,2003 for $54,315.45. TFfmere are costs
from this claim that
are
not being paid. Listed in Attachment A are the costs that are not being
paid and the reasons these costs are not being paid.
On September
1,2005,
the
Agency received your complete application for payment for this
claim. As a result of the Agency's review of
ahis
application for payment, a voucher for
$1
1
1,847.58 will be prepared for submission to the Comptroller's Office for payment as funds
become available based upon the dale the Agency received your complete request for pawent of
this application for
pament. Subsequent applications for papent that have beedare submiaed
will be processed based
upon
the date compiek subsequent aapplication for pawed requests are
received by the Agency. This constitutes the Agency's final action with regard to ehe above
application(s) for payment.
ROCKFORD-
4302
North
Main Street, Rockford,
IL 61
103
-
(81
5)
987-7760
DES
PWNES
-
951 1
W. Harrison St.,
Des Plains,
11.6001 6
-
(847)
294-4000
ELGIN
-
595 South State, Elgin, lL
601 23
-
(847) 608-3137
PEORIA
-
541 5 N. University St., Peoria,
I1
61
61 4
-
(309) 693-5463
BUREAU OF
LAND -
PEORIA
-
7620 N.
University St., Peoria,
IL
41
614
-
(309) 693-5462
-
CHAMPAIGN
-
21
25
South
First
Street, Champaign,
IL 61820
-
(21 7) 278-5800
SPRINCFIEU)
-
4500
S.
Sixth
Street
Rd.,
Springfield,
IL
62706
-
(21 7) 786-6892
COLL~NSVICLE
-
2009 Mall Street,
Collinsville,
11
62234
-
(618) 346-51 20
MARION
-
2309 W. Main St.,
Suite 11
6,
Marion,
1L
62959
-
(61 8) 993-7200
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 16, 2007
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e
Page 2
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)
md
Section 40 of the Act by filing a
petition for a hexing wiLkin 3
5
days &r the date of issumce of the final decision. Nowever,
the 35-day period may be exteded for a period of time not to exceed 90 days by witten notice
from the owner or operator
and
the Ulinois EPA wiEkin ihe initial 35-day appeal period. If the
applicant wishes to receive a 90-day extension, a mitten request that includes
a
statement of the
date the final decision was received, along with
a
copy ofthis decision, must
be
sent to the
Illinois EPA as soon as possible.
For infomation regding the filing of an %peal, pilease contact:
Dorothy
Gum, Clerk
Illinois Pollution Control
Bomd
State of Illinois Center
f
00
West Rmdolph, Suite 1 1 -5
00
Chicago, Ulinois
60601
3
12/814-3620
For infomation regarding the filing of an extension, please contact:
Illinois Environmental Protection
Agency
Division of Legal Counsel
102% North Grand Avenue East
Springfield, Illinois
62794-9276
2
17/782-5544
If you have
any questions or require
further
assistaace, please
contact
Bill
Richards of
my
'
staff at
2191782-6762.
Sincerely,
Plming
&
Repoding Section
Bureau of Land
Attachment
cc:
United Science fnc%erhes, Inc.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 16, 2007
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AMachment A
Accounting Deductions
Re:
LPC
kt181
8995001
1 --
Union County
WarelPRrlA
&
Assoc.
Rt. 3
&
146
Leaking UST Incident No. 20021 598
Lea&ing UST FISCAL FILE
Citations in this amchent are from the Enviromental Protection Act (Act) in effect pkor to
June 24,2002, and 35 Illinois Administrative Code (35
111.
Ah.
Code).
Item
#
Description of Deductions
1.
$2,096.88, deduction for costs hat lack supporling documentation. Such costs
mare
ineligible for payment from the Fund pursuant to 35 Ill. Ab. Code
732.606(gg).
Since
there
is no suppohng docmentation of costs, the IIliraois WA cannot deternine that
costs will not be used for activities
in excess of those necessq to meet the nniimurm
requirements of Title XVI of the Act; &erefore, such costs me not approved pursuant to
Section
57.4(c)(4)(C) of the Actbecause they
may
be used for comective action acfiGties
in excess of those required to meet
the
minimum requiremen& of Title XVI of
the
Act.
Need invoices
for charges associated with Analysis Costs.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 16, 2007
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CERTIFICATE OF SERVBCE
I, the undersigned attorney at law, hereby certify that I caused copies of the
foregoing document to be served by placement in
the United States Post Office
Mail Box at
14'h & Main Streets in Mt. Vernon, Illinois, before 6:00 p.m. this
date, in sealed envelopes with proper first-class postage affixed, addressed to:
Dorothy
M. Gunn, Clerk
William D, lngersoll
Illinois Pollution Control Board
Managing Attorney
James R. Thompson Center
Ill. Environmental Protection Agency
100 West Randolph Street
1021 North Grand Ave. East
Suite 11-500
Springfield,
lL 62702
Chicago,
lL 60601
January 16, 2007
i'
,,f
"-
J
l
i
"'-- --..>,
6#
L+
---.-
I-*
,Tea
Viand{ L. Combs
John T. Hundley
Mandy L. Combs
THE SHARP LAW FIRM, P.C.
P.O. Box 906
- 11 15 Harrison
Mt. Vernon,
IL 62864
6 1 8-242-0246
Counsel for Petitioner PMA
&
Associates, Inc.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 16, 2007
* * * * * PCB 2007-63 * * * * *