JAHRAUS OIL CO., INC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
PCB
No._~_
)
(LUST Appeal)
)
)
)
To:
Dorothy
M. Gunn, Clerk
Illinois Pollution Control Board
James
R. Thompson Center
100
West Randolph Street
Suite 11-500
Chicago, IL 60601
William
D. Ingersoll
Managing Attorney
III.
Environmental Protection Agency
1021 North Grand Ave. East
Springfield, IL 62702
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.
September 12, 2007
JAHRAUS OIL CO., INC.
By:
~-~------£'//7
cl-L-_--,
Mandy L. Combs
One of its Attorneys
John
1.
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 Jahraus Oif
Co.,
Inc.
Electronic Filing, Received, Clerk's Office, September 12, 2007
* * * * * PCB 2007-128 * * * * *
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILUNOIS
JAHRAUS OIL CO., INC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
PCB No. 07-128
)
(LUST Appeal)
)
)
)
PETITION FOR REVIEW
Pursuant to
§§
40 and 57.8(i) of the Environmental Protection Act ("Act"), 415 ILCS
5/40, 5/57.8(i),
to the Board's regulations on Leaking Underground Storage Tank ("LUST")
decisions, 35
ILL. ADM. CODE 105.400
et seq.)
and to the Board's Order entered June 21,
2007 a copy
of which is attached hereto as Exhibit 1, petitioner Jahraus Oil Co., Inc.
("Jahraus") submits this Petition for Review
of the Illinois Environmental Protection Agency
("Agency") decision attached hereto as Exhibit 2 ("Decision") denying Jahraus
reimbursement for $3,673.14
in costs incurred under the LUST program.
Pursuant to
§
57.8(1)
of the Act, Jahraus further requests the Board to order the Agency
to pay Jahraus'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 2 hereto.
II.
SERVICE OF THE AGENCY'S FINAL DECISION
The Decision indicates it was mailed May 8, 2007. It was received by Jahraus May 11,
2007. This appeal is timely pursuant to the Board's Order entered June
21,2007, a copy
of which is attached as Exhibit 1.
Electronic Filing, Received, Clerk's Office, September 12, 2007
* * * * * PCB 2007-128 * * * * *
III. GROUNDS FOR ApPEAL
A. The Agency's contention that Jahraus' analysis costs "lack supporting
documentation"
is erroneous, arbitrary and capricious. Jahraus submitted
appropriate documentation, which was ignored by the Agency.
B. The Agency's contention that it cannot determine if the $3,673.14 for
analysis 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 Jahraus Oil Co., Inc. respectfully petitions
the Board to reverse the denial
of reimbursement in the amount of $3,673.14 and
order the Agency to pay Jahraus's attorneys' fees for this appeal.
September 12, 2007
JAHRAUS OIL CO., INC.
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 Jahraus Oil Co., Inc.
Brenda\USI\JB Oil JahrausfPet for Review.doc
-2-
Electronic Filing, Received, Clerk's Office, September 12, 2007
* * * * * PCB 2007-128 * * * * *
ILLINOIS POLLUTION CONTROL BOARD
.
June 21, 2007;;'
,
,
JAHRAUS OIL C011PANY, INC.,
Petitioner,
V.'
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD (by G.T. Girard):
)
)
)
)
)
PCB 07-128
) ,
(UST Appeal)
)
(90-Day Extension)
)
)
)
On June 8, 2007, the Board received ajointnotice to extend the 35-day period within
which Jahraus Oil Company, Inc. (Jahraus)
may appeal a May 8, 2007 determination of the
Illinois EilVironmental Protection Agency (Agency). According to the
joint notice; Jahraus
received the Agency determination on May 10, 2007., The joint request was therefore timely
filed.
See
415 ILCS 5/40(a)(1) (2006); 35 Ill. Adm. Code 101.3OO(b)(2), 105.406. The Agency's
determination concerns Jahraus' leaking underground storage
tank: site located at 203 North
Broadway in Marion County.
In the deterniination, the Agency accepted Jahraus'. Corrective
Action Plan but modified the budget.
The Board extends the appeal period until September 12, 2007,
as the
p~§
request,
based
on the May 10, 2007 decision receipt date.
See
415 ILCS 5/40(a)(l) (2006); 35 ill. Adm.
Code 105.406.
If
Jahraus fails to file an appeal on or before that date, the Board will dismiss this
case and close the docket.
IT
IS SO ORDERED.
,
I, John T. Therriault, Assistant Clerk of the Dlinois Pollution Control Board, certify that
theBoard adopted the above order on June 21,2007, by a vote of 4-0.
·~T
John T. Therriault, Assistant Clerk
Dlinois Pollution Control Board
Electronic Filing, Received, Clerk's Office, September 12, 2007
* * * * * PCB 2007-128 * * * * *
"
l
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND AVENUE
EAST, P.O. Box 19276,
SPRINGFIELD, IlliNOIS
62794-9276 - ( 21 7) 782-3397
JAMES
R.
THOMPSON CENTER,
100
WEST RANDOlPH, SUITE
11-300,
CHICAGO,
Il 60601 - (312) 814-6026
ROD R.
BLAGOJEVICH, GOVERNOR
DOUGLAS
P. Scon,
DIRECTOR
217/782-6762
MAY 08 2007
RECEiVED
MAY 11 2UU7
BY:_--
CERTIFIED MAIL #
7004 2510 0001 8623 6324
Shirley Jahraus
Attn: Southwest Bank/Commercial Lending
Jennifer Vescogni,
Acct~
#0032713725
#2 Carlyle Plaza Drive
Belleville, Illinois 62221
Re:
LPC #1210455041 -- Marion County
Salem/Jahraus Oil Company
.203 North Broadway
LeaIcingUST mcident No. 940345
Leaking
UST FISCAL FILE
Dear Ms. Jahraus:
The Illinois Environmental Protection Agency has completed the review of your application for'
payment from the Underground Storage Tank Fund for the above-referenced Leaking UST
.incident pursuantto Section 57.8(a) ofthe HlinoisEnvironmental Protection Act (Act), and 35
Ill. Adm. Code 732, Subpart F. This information
is dated December 28, 2006 and was received
by the'Agency On January 3, 2007. The application for payment covers the period from August
1,2005 to November 4,2006. The amount requested is $48,456.71.
The deductible amount to
be assessed on this claim is $10,000.00, which is being deducted from
this payment.
In
addition to the deductible, there are costs from this claim that are not b'eing
paid. Listed in Attachment A are the costs that are not being paid and the reasons these costs are
not being paid
..
On
January 3, 2007, the Agency received your application for payment for this claim. As a
result
ofthe Agency'sreview ofthis application for payment, a voucher for $34,783.57 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 ofthis application
for payment. Subsequent applications for payment that have been/are submitted will be
processed based upon the date complete subsequent applicationfor payment requests are
received
by the Agency. This constitutes the Agency's final action with regard to the a
application(s) for payment.
ROCKFORD -
4302
North Main Street, Rockford,
I~
61103 - (815) 987-7760
•
DES PLAINES -
9511
W. Harrison SL, Des Plaines,
IL 60016
ELGIN -
595
Souih State, Elgin,
It 60123 - (847)<608-3131
•
PEORIA-
5415 N.
University St., Peoria,
IL 61614 - (309) 693-54
BUREAU
Of
LAND -
PEORIA -
7620 N.
University St., Peoria,
IL 61614 - (309) 693-5462 ..
CHAMPAIGN -
2125
South FirSt Street; Champaign,
IL 61820 - (217) 278-5800
SPRINGfiELD -
4500
S. Sixth Street Rd., Springfield,
IL 62706 - (217) 786-6892
•
COlLINSVILLE -
2009
Mall Street, Collinsville,
IL 62234 - (618) 346-51"20
.
MARION -
2309
W. Main St., Suite
116,
Marion,
IL 62959 - (618) 993-7200
Electronic Filing, Received, Clerk's Office, September 12, 2007
* * * * * PCB 2007-128 * * * * *
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) and Section 40
ofthe Act by filing a
petition for a hearing within
35 days after the date
ofissuanc~
ofthe :f}nal decision. However,
the 35-day period may be 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
oftrus decision, must be sent to the
Illinois EPA as soon as possible.
For information regarding the filing of an appeal, please contact:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State
ofIllinois Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
312/814-3620
For information regarding the filing
of an extension, please contact:
Illinois Environmental Protection Agency
Division
ofLegal Counsel
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
217/782-5544
Ifyo
II
have any questions or require further assistance, please contact Bambi Redpath of
my staff at
217/782-6762.
34'~£
Do:':t..
Oakley, Manager
·r~
Leaking UST Claims Unit
Planning & Reporting
Se~tion
Bureau ofLand
DEO:BR:mls\0724313.doc
Attachment
cc:
United Science Industries, Inc.
\;.
f-
Electronic Filing, Received, Clerk's Office, September 12, 2007
* * * * * PCB 2007-128 * * * * *
Attachment A
Accounting Deductions
Re:. LPC #1210455041
--
Marion County
SalernfJahraus Oil Company
203 North Broadway
Leaking
UST Incident No. 940345
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 ofDeductions
1.
$3,673.14, deduction for costs that lack supporting documentation. Such costs are
ineligible for payment from the Fund pursuant to 35 Ill. Adm. Code 732.606(gg). Since
there is no supporting documentation .ofcosts, the Illinois EPA cannot deteimine that
costs will
not be used for activities in excess of those necessary to meet the minimum
requirements of TitkXV1 of the Act; therefore, such costs.are not approved pursuant to
Section 57.7(c)(4)(C) ofthe Act because they may be used for corrective action activities
in excess ofthose required to meet the minimum requirements
ofTitl~
XVI ofthe Act.
Need lab invoices for analysis costs.
BR:mls/0724}4.doc
Electronic Filing, Received, Clerk's Office, September 12, 2007
* * * * * PCB 2007-128 * * * * *
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
Illinois Pollution Control Board
James
R.
Thompson Center
100
West Randolph Street
Suite 11-500
Chicago, IL 60601
September 12, 2007
John
1.
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 Jahraus Oil
Co.,
Inc.
sara\wpdocs\USI-Jahraus\Notice.wpd
William D. Ingersoll
Managing Attorney
III. Environmental Protection Agency
1021 North Grand Ave. East
Springfield, IL 62702
Mandy
L. Combs
'
Electronic Filing, Received, Clerk's Office, September 12, 2007
* * * * * PCB 2007-128 * * * * *
