BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLlMOlS
BOB'S SERVICE CENTER, INC.,
)
Petitioner,
)
v.
)
)
PCB No.
)
(LUST Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Respondent
)
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 1 1-500
Springfield,
lL 62702
Chicago,
lL 60601
PLEASE TAME NOTICE that we have this day filed with the office of the
Clerk
of the Pollution Control Board "ie
Petifion for Review
a copy
sf
which is
enclosed herewith and hereby served upon you,
February 28, 2007
BOB'S SERVICE CENTER,
INC.
By:
One of its Attorneys
John
T.. Hundley
Mandy L. Combs
THE SHARP LAW FIRM, P.C.
P.O. Box
906 - 1 1 15 Harrison
Mt. Vernon, IL 62864
61 8-242-0246
Counsel for Petitioner Bob's Service Center, Inc.
Electronic Filing, Received, Clerk's Office, February 28, 2007
* * * * * PCB 2007-082 * * * * *
BEFORE THE POLLUTION CONTROL BOARD
OF THE S"S$ATE OF ILLINOIS
BOB'S SERVICE CENTER, INC.,
)
Pe titio n e
r,
)
)
v.
)
PCB No.
)
(LUST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY',
)
Respondent
)
PEVlflON FOR REVIEW
Pursuant to
ss
40 and 57'.8(i) of the Environmental Protection Act (lLA~tl')l
415 ILCS 5/40, 5/57.%(i), and to the Board's regulations on Leaking
Underground Storage Tank ("LUST") decisions,
35 ILL. ADM. CODE 105.400
et
seq.,
petitioner Bob's Service Center, Inc. ("Service Center"), by its attorneys in
this regard, The Sharp Law Firm, P.C., submits this
Petition for Review of the
Illinois Environmental Protection Agency ("Agency") decision attached hereto as
Exhibit 1 ("Decision") purporting to deny Service Center reimbursement for
$5,115.81 in costs incurred under the LUST program.
Pursuant to
fj
57.8(1) of the Act, Service Center further requests the Board
to order the Agency to pay Service Center'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 January 26, 2007.
l'l.
was received by
Service Center January
28, 2007
Electronic Filing, Received, Clerk's Office, February 28, 2007
* * * * * PCB 2007-082 * * * * *
111.
GROUNDS
FOR APPEAL
A. The Agency's contention that Service Center analysis costs '"lack
supporting documentation" is erroneous, arbitrary and capricious. 35 111. Adm.
Code
732.601(19)(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. Service Center in
fact submitted the required documentation, which was ignored by the Agency.
B. The Agency's contention thatit cannot determine if the $5,115.81 will
be used for "corrective action activities in excess of those required to meet
"ce
minimum requirements of Title XVI of the Act" is erroneous, arbitrary and
capricious.
The application at issue was not for a budget
but for
reimbursement. The activities already have been performed and the conjecture
by the Agency is both illogical and erroneous.
IV.
CONCLUSION.
For the foregoing reasons, petitioner Bob's Service Center, Inc. respectfully
petitions the
Board to reverse the denial of reimbursementin the amount of the
$5,115.81 and order the Agency to pay Service Center's attorneys' fees for this
appeal.
February 28,
2007
BOB'S SERVICE CENTER, INC.
By:
Electronic Filing, Received, Clerk's Office, February 28, 2007
* * * * * PCB 2007-082 * * * * *
John T. Hundley
Mandy L. Combs
THE
SHARP
LAW FIRM, P.C.
P.O. Box 906 - 1 115 Harrison
Mt. Vernon, IL 62864
6
1 8-242-0246
Counsel for Petitioner Bob's Service Center, Inc.
sara\wpdocs\USi\Bob's Servlce Statlon\Pet for Rev~ew wpd
Electronic Filing, Received, Clerk's Office, February 28, 2007
* * * * * PCB 2007-082 * * * * *
Electronic Filing, Received, Clerk's Office, February 28, 2007
* * * * * PCB 2007-082 * * * * *
Page
2
petiGon fur a hearing
~fia
35
days
after
the date of issuance of the fmd dwision. Hocvever,
the
35-day
pried
my be extended for
a
period
of time not
%a
exceed
90
days
by mTitt.een notice
from
Ihe
awer or operator
and
the Sllinois EPA ~vithin the initid
354ay
appeal
period,
If
the
applicmt %Gshes
to
receive
a
90-&y extension,
a
WriQen request
that
incIudes
a
skkment
of
the
dale
tlae
finail decision
IYBS
received, along -with
a
copy
af this decisiam, must
be
seat
to
the
Illinois EPA
as
soon
as
possible.
For infomatian regmding %he filing of
a
tappal,
please contact:
Daro&y Gun,
Clerk
Illinois
BolII~~tiora
COPI~~
Board
SQk
sf
allnois
Centm
100
West
hdolph,
Suite
%
3-500
Chicago,
Illinks
6060
1
3
1218 24-3420
For indbmation ~egmdiag the filing of
an
extension,
please
conbct:
llllnois
Enviromenla9 Prot~dorr
Agen~y
Division of Legal
Counsel
1
0%
1
Nofi Grand Avenue Em
Spk~eld,
IIlimis
62794-9276
2
1
71782-
55
44
If
you have
any
quesaonasr
or
require &&her
assistance,
pbase
ccamiad Bambf Redpath of
my
a&aE
at
2%'S/"jf824762.
Daud E,
Qdey,
Mmager
k
2
g
UST Claims Unit
Plmhg
&
Repofiing
Secti
Bureau
of
Land
d
Electronic Filing, Received, Clerk's Office, February 28, 2007
* * * * * PCB 2007-082 * * * * *
Re:
LPC #I630205006
-
St. Clair Comq
Gahs~x;Wo;bys
Se~w
Center
532
Hi&way
3
ng
UST hcident No.
983055
Lding U$T Fiscal File
Citations in
this
amcbent
are
from the Envkonmena Pratestion
Act (Act)
in
eEect
prior to
Jma
24 2002,
md
35
Uliraois A
strative Code
(35
Ill.
Adm.
Code).
Item
#
Desc~p~ofi
of Deductiom
1.
$400,59,
dehceion
fir
costs
asociated
tvith
he
pmdud
rem~pvd,
site
kvg:s$ig&an or
ve:
a~~on.
%e
Wllings submi-l-eed exceed the
approved budget
momits.
The
Illinois
EPA
is wablg! to
approve
billings
that exced
ake
approved budget
mounts
ppursuant
to
Section
57.8(a)(1)
ofthe Act and
35
11l.
Adm. Code 732.601(g) and
732.606(&.
Equiment cask
arc:
over
the
amroved
badget.
-
o/3,."fb
2,
$5,1d5.81,dee$uctionf~'sa:costs~t~acksupp~ngdo~umm~on.Qwhco~~e
he1i@ble far
papent from
the
Fund pmsuaml: to
3
5
111.
Ah,
Chde
73%.606(~).
Since
y,P
thm
is aao
supporting doocmmtation of costs,
the
NlitU)is EPA cmot
dete
P
cos&
gll rnot
be
wed
for aetivitks
in
excess
of
&~se
nwssm
to
meet
quirements of Tide
X$T%
of the
Act; fierefare,
such
costs
are
aot
appmved
gmmt Po
Sac~an
57.7(G)(4)(C)
ofb Act &&us%:
tbey
may
b;e
used for coneaive action advi~a
ips
excess
of
those
~q~ed
to
meet
eke
rn
requkmeak of Title XVI
of
the
Ad.
Need invoices
hrn the
lab
for
the
mdysis
costs.
-
i!a/3~$6
-
2336.
'"
Electronic Filing, Received, Clerk's Office, February 28, 2007
* * * * * PCB 2007-082 * * * * *
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that I caused copies of the
foregoing document to be sewed by placement in the United States Post Office
Mail Box at
Idth & 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, lngersoil
Illinois Pollution Control Board
Managing Attorney
James R. Thompson Center
Ill. Environmental Protection Agency
700 West Randolph Street
1021 North Grand Ave. East
Suite
I 1-500
Springfield,
lL 627'02
Chicago, lb 60601
February
%8,'2007'
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 Bob's Service Center, Inc.
sara\wpdocs\USI\Bobs Service Center\Notice,wpd
Electronic Filing, Received, Clerk's Office, February 28, 2007
* * * * * PCB 2007-082 * * * * *
