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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
REED’S SERVICE,
)
Petitioner,
)
)
v.
)
PCB No. ______
)
(LUST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
NOTICE OF FILING
To:
Dorothy M. Gunn, Clerk
William D. Ingersoll
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, IL 62702
Chicago, IL 60601
PLEASE TAKE NOTICE that we have this day filed with the office of the
Clerk of the Pollution Control Board the
Petition for Review
a copy of which is
enclosed herewith and hereby served upon you.
May 8, 2007
REED’S SERVICE
By: s/ Mandy L. Combs
One of its Attorneys
John T. Hundley
Mandy L. Combs
THE SHARP LAW FIRM, P.C.
P.O. Box 906 B 1115 Harrison
Mt. Vernon, IL 62864
618-242-0246
Counsel for Petitioner Reed’s Service
Electronic Filing, Received, Clerk's Office, May 8, 2007
* * * * * * * * PCB 2007-108 * * * * * * *
 
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
REED’S SERVICE,
)
Petitioner,
)
)
v.
)
PCB No. _____
)
(LUST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
PETITION FOR REVIEW
Pursuant to §§ 40 and 57.8(i) of the Environmental Protection Act (“Act”),
415 ILCS 5/40, 5/57.8(i), and to the Board’s regulations on Leaking
Underground Storage Tank (“LUST”) decisions, 35 ILL. ADM. CODE 105.400
et
seq.,
petitioner Reed’s Service (“Reed’s”) submits this Petition for Review of the
Illinois Environmental Protection Agency (“Agency”) decision attached hereto as
Exhibit 1 (“Decision”) denying Reed’s reimbursement for $4,376.80 in costs
incurred under the LUST program.
Pursuant to § 57.8(l) of the Act, Reed’s further requests the Board to order
the Agency to pay Reed’s legal costs for seeking payment in this appeal.
I.
THE AGENCY’S FINAL DECISION
The Decision of which review is sought is contained in Exhibit 1 hereto.
II. SERVICE OF THE AGENCY’S FINAL DECISION
The Decision indicates it was mailed April 3, 2007. It was received by
Reed’s April 5, 2007.
Electronic Filing, Received, Clerk's Office, May 8, 2007
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III. GROUNDS FOR APPEAL
A. The Agency’s contention that Reed’s analysis costs and shipping costs
“lack supporting documentation” is erroneous, arbitrary and capricious. 35 Ill.
Adm. Code 732.601(b)(9) and 734.605(b)(9) state that a complete application
for payment consists of “an accounting of costs, including but not limited to,
invoices, receipts, and supporting documentation showing the dates and
descriptions of the work performed.”
Reed’s submitted appropriate
documentation, which was ignored by the Agency.
B. The Agency’s contention that it cannot determine if the $4,222.60 for
analysis costs and $154.20 for shipping costs 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 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 Reed’s Service respectfully petitions
the Board to reverse the denial of reimbursement in the amount of the
$4,376.80 and order the Agency to pay Reed’s attorneys’ fees for this appeal.
May 8, 2007
REED’S SERVICE
By: s/ Mandy L. Combs
One of its Attorneys
Electronic Filing, Received, Clerk's Office, May 8, 2007
* * * * * * * * PCB 2007-108 * * * * * * *
 
- 3 -
John T. Hundley
Mandy L. Combs
THE SHARP LAW FIRM, P.C.
P.O. Box 906 – 1115 Harrison
Mt. Vernon, IL 62864
618-242-0246
Counsel for Petitioner Reed’s Service
sara\wpdocs\USI-Reeds\Pet for Review .wpd
Electronic Filing, Received, Clerk's Office, May 8, 2007
* * * * * * * * PCB 2007-108 * * * * * * *
Electronic Filing, Received, Clerk's Office, May 8, 2007
* * * * * * * * PCB 2007-108 * * * * * * *
Electronic Filing, Received, Clerk's Office, May 8, 2007
* * * * * * * * PCB 2007-108 * * * * * * *
Electronic Filing, Received, Clerk's Office, May 8, 2007
* * * * * * * * PCB 2007-108 * * * * * * *
Electronic Filing, Received, Clerk's Office, May 8, 2007
* * * * * * * * PCB 2007-108 * * * * * * *
 
CERTIFICATE OF SERVICE
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
th
& 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. Ingersoll
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, IL 62702
Chicago, IL 60601
May 8, 2007
s/ Mandy L. Combs
Mandy L. Combs
John T. Hundley
Mandy L. Combs
THE SHARP LAW FIRM, P.C.
P.O. Box 906 B 1115 Harrison
Mt. Vernon, IL 62864
618-242-0246
Counsel for Reed’s Service
sara\wpdocs\USI-Reeds Service\Notice.wpd
Electronic Filing, Received, Clerk's Office, May 8, 2007
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