BEFORE THE ILLINOIS POLLUTION CONTROL BOARDCLERKS
RECEIVEDOFFICE
BROADUS OIL,
)
FEB 0 5 2007
STATE OF ILLINOIS
Petitioner,
)
Pollution
Control Board
V .
)
PCB 0431
PCB 05-43
ILLINOIS ENVIRONMENTAL PROTECTION
)
(UST Appeal)
AGENCY,
)
Respondent.
)
NOTICE OF FILING AND PROOF OF SERVICE
To:
Bradley Halloran, Hearing Officer
Melanie Jarvis
Illinois Pollution Control Board
Division of Legal Counsel
James R. Thompson Center
IL Environmental Protection Agency
100 West Randolph Street, Suite 11-500
1021 N . Grand Ave . East
Chicago, Illinois 60601
P.O. Box 19276
Springfield, IL 62794-9276
The undersigned certifies that an original and nine copies of Petitioner's Motion for
Reconsideration were served upon the Clerk of the Illinois Pollution Control Board, and one
copy was served upon the hearing officer and the above party of record in this case by enclosing
same in envelopes with postage fully prepaid, and by depositing said envelopes in a U
.S. Post
Office Mail Box before 5 :30 p .m. in Springfield, Illinois on the3ay of January, 2007 .
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
Telephone : (217) 523-2753
Fax: (217) 523-4366
hedinger@cityscape.net
hen F.
THIS FILING IS SUBMITTED ON RECYCLED PAPER
MOTION FOR RECONSIDERATION
NOW COMES Petitioner, BROADUS OIL, through its undersigned attorney, and
pursuant to this Board's Procedural Rules 101 .520 and 101 .902, 35 III . Adm
. Code
101
.520 and 101 .902, moves this Board to reconsider its Opinion and Order of the Board
dated December 21, 2006
. In support of this motion, Petitioner states as follows :
1 .
Petitioner received this Board's Opinion and Order of the Board on
January 3, 2007
. Accordingly, this motion to reconsider, brought pursuant
to 35 III . Adm. Code 101 .520 and 101 .902, is timely
.
2.
Petitioner respectfully submits that this Board's interpretation of its own
regulations was in error, and that no provision of Part 732 prohibits the
Illinois EPA from approving the budget amendment submitted by
Petitioner, and therefore reimbursing Petitioner for the expended
necessary costs of remediation incurred, as set forth in the record in this
case, would be in accord with this Board's Part 732 regulations
.
3 .
In addition, Petitioner respectfully submits that this Board, in ruling on the
cross motions for summary judgment in this case, overlooked the
dispositive consideration raised in Petitioner's response and cross motion
for summary judgment that the Illinois EPA's interpretation of this
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
BROADUS OIL,
)
RECEIVED
CLERKS OFFICE
Petitioner,
FEB 0 5 2007
)
V .
)
PCB 04-31
Pollution
STATE OFControl
ILLINOIS
Board
PCB 05-43
ILLINOIS ENVIRONMENTAL PROTECTION
) (UST Appeal)
AGENCY,
)
(Consolidated)
Respondent.
)
Board's Part 732 regulations is contrary to the requirements and
provisions of the Illinois Environmental Protection Act . In adopting the
Illinois EPA's interpretation, this Board has also acted in violation of the
statute.
4.
The Illinois Environmental Protection Act specifically and expressly
allows a leaking underground storage tank fund applicant to submit any
applicable budget amendments "at any time ." See 415 ILCS 5/57
.7(e)(1) .
Nothing in Section 57
.7, or any other provision of the Illinois
Environmental Protection Act, limits the time within which such an
amendment proposal can be submitted to the Illinois EPA to prior to
issuance of a No Further Remediation letter.
5.
Despite the issue having been raised directly by Petitioner's response and
cross motion, this Board did not address the statutory issue in its final
opinion and order .
6.
The Illinois EPA was granted leave to file a reply, in which it asserted that
the Licensed Professional Engineer or Licensed Professional Geologist
certification of remediation completion set forth in 415 ILCS 5/57 .10(c)(1)
that "all statutory and regulatory corrective action requirements applicable
to the occurrence have been complied with," signifies that all budget
approvals have been sought . This assertion is erroneous .
7 .
The Illinois Environmental Protection Act does not require that
remediation costs be reimbursed for leaking underground storage tank
corrective action, and accordingly budget plans are not a "corrective
action requirement
applicable to the occurrence ." Such budget plans are
optional, and again, the Illinois Environmental Protection Act
expressly
2
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
Telephone: (217) 523-2753
Fax: (217) 523-4366
hedinger@cityscape
.net
provides that such plans can be submitted to the Illinois EPA "at any
time."
8.
Accordingly, the interpretation of the regulations adopted by this Board
contravene the express provisions of the Illinois Environmental Protection
Act, and this Board, for that reason, should reconsider that interpretation,
and instead apply the interpretation suggested by Petitioner herein, which
would avoid the statutory conflict .
WHEREFORE Petitioner, BROADUS OIL, requests that this Board reconsider its
Opinion and Order of the Board dated December 21, 2006, and instead enter an order
directing the Illinois EPA to approve Broadus Oil's proposed amended budget and to
approve reimbursement of an additional $24,289.70 in corrective action costs, and award
to Broadus Oil all such other and further relief as is within this Board's authority and
jurisdiction.
Respectfully submitted,
BROADUS OIL,
Petitioner,
By its attorney,
e
3
