RUSSELL OIL COMPANY, INC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
) PCB No.
01/
I
)
(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
Ill. 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
13, 2007
RUSSELL OIL COMPANY, INC.
By:
,/-
L~~-~
Mandy L. Combs
One of its Attorneys
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 Russell Oil Company, Inc.
Eleectronic Filing, Received, Clerk's Office, September 13, 2007
* * * * * PCB 2007-137 * * * * *
RUSSELL OIL CO., INC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
PCB No. 07-137
)
(LUST Appeal)
)
)
)
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 Russell Oil Co., Inc.
("Russell Oil") submits this Petition for Review
of the Illinois Environmental Protection
Agency ("Agency") decision attached hereto as Exhibit 2 ("Decision") denying Russell Oil
reimbursement for $333.04
in costs incurred under the LUST program.
Pursuant to
§
57.8(1) of the Act, Russell Oil further requests the Board to order the
Agency to pay Russell Oil's legal costs for seeking payment
in this appeal.
I.
The Decision of which review is sought is contained in Exhibit 2 hereto.
II.
The Decision indicates it was mailed May
92007. It was received by Russell Oil 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.
Eleectronic Filing, Received, Clerk's Office, September 13, 2007
* * * * * PCB 2007-137 * * * * *
m.
A.
The Agency's contention that Russell Oil's analysis costs "lack supporting
documentation"
is erroneous, arbitrary and capricious. Russell Oil submitted
appropriate documentation, which was ignored by the Agency.
B. The Agency's contention that it cannot determine if the $333.04 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 Russell Oil Company, Inc. respectfully
petitions the Board to reverse the denial of reimbursement
in the amount of
$333.04 and order the Agency to pay Russell Oil's attorneys' fees for this appeal.
September
13,2007
RUSSELL OIL CO., INC.
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 Russell Oil Co., Inc.
MandyCombs\USI\Russell Oil/Pet for Review.doc
-2-
Eleectronic Filing, Received, Clerk's Office, September 13, 2007
* * * * * PCB 2007-137 * * * * *
ILLINOIS POLLUTION CONTROL BOARD
June 21,2007
RUSSELL OIL COMPANY, INC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD (by G.T. Girard):
)
)
)
)
)
)
)
)
)
)
PCB 07-137
(UST Appeal)
(90-Day Extension)
On June 11, 2007, the Board received a joint notice to extend the 35-day period within
which Russell Oil Company, Inc. (Russell) may appeal a May
9,2007 determination of the
Illinois Environmental Protection Agency (Agency). According to the joint notice, Russell
received the Agency determination on May
11, 2007. The joint request was therefore timely
filed.
See415
ILCS 5/40(a)(I) (2006); 35 Ill. Adm. Code 101.300(b)(2), 105.406. The Agency's
determination concerns Russell's leaking underground storage tank site located at 309 DeYoung
Street Facility #7-010002 in Williamson County. In the determination, the Agency accepted
Russell's Corrective Action Plan but modified the budget.
The Board extends the appeal period until September 13, 2007,
as me
parties~t,
based on the May 11, 2007 decision receipt date.
See
415 ILCS 5/40(a)(I) (2006); 35 Ill. Adm.
Code 105.406. If Russell 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 Illinois Pollution Control Board, certify that
the Board adopted the above order on June 21,2007, by a vote
of 4-0.
John
T. Therriault, Assistant Clerk
Illinois Pollution Control Board
Eleectronic Filing, Received, Clerk's Office, September 13, 2007
* * * * * PCB 2007-137 * * * * *
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRANO AVENUE
EAST, P.O. Box 19276,
SPRINGFIELD, ILLINOIS
62794-9276 - (
217)
782.3397
JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL
60601 -
(31l) 814-6026
Roo R. BLAGOJEVICH, GOVERNOR
217/782-6762
DOUGLAS
P.
SCOTT, DIRECTOR
CERTIFIED MAIL #
RECEIVED
7004 25100001 8623 6195
'MAy
0 9 2001
MAY 1 '; £607
Russell Oil CompanBY:
JT
Itp
Attention: Leon Russell, c/o Jennifer Vescogni
Southwest Bank - Acct. #0032713725
#2 Carlyle Plaza Drive
Belleville, Illinois 62221
Re:
LPC #1990555168 -- Williamson County
MarionlRussel1 Oil Company
309 DeYoung
S1. Facility #7-010002
Leaking
UST Incident No. 20030604
Leaking
UST FISCAL FILE
Dear Mr. Russell:
The lllinois Environmental Protection
Agency has completed the review ofyour application for
payment from the Underground Storage Tank
Fund for the above--referenced Leaking UST
incident pursuant to Section 57.8(a) ofthe Illinois Environmental Protection Act (Act), and 35
Ill. Adm. Code 732, Subpart F. This information is dated December 12,2006 and was received
by the Agency on December 14,2006. The application for payment covers the period from May
1,2006 to October 7, 2006. The amount requested is $3,391.58.
The deductible amount for this claim is $10,000.00, which was previously deducted from the
billing subrillttal received by the Agency on July 30, 2003 for $54,032.10. There 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 December 14, 2006, the Agency received
your application for payment for this claim. As a
result
ofthe Agency'sreview ofthis application for payment, a voucher for $3,015.12 will be
prepared for submission to the Comptroller'sOffice 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
win
be
processed based upon the date complete subsequent application for payment requests are
received bythe Agency. This constitutes the Agency's final action with regard to the above
application(s) for payment.
An
underground storage tank owner or operator may appeal this final decision to the Illmois
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 of issuance ofthe final decision. However,
ROCKFORD - 4302 North Main
Street,
Rockford, Ii. 61103 - (815) 987-7760 •
DES PLAINES - 9511 W. Harrison St., Des Plaines, IL60016 - (847) 294-4000
ELGIN - 595 South State,
Elgin,
Il 60123 - (847) "608-3131
•
PEORIA - 5415 N.
University
St., Peoria, IL 61614 - (309) 693-5463
BUREAU OF LAND - PEORIA -7620 N. University St., Peoria, Il 61614 - (309) 693-5462
•
CHAMPAIGN - 2125 South
FirSt Street;
Champaign, II 61820 - (217) 278-5800
SPRINGFIELD - 4500 S. Sixth
Street
Rd.,
Springfield,
1162706 - (217) 786-6892 •
COLllNSVlLLE- 2009 Mali
Street, Coliinsville,
Il62234 - (6181 346-5120
. MARION -
2309 W,
Main St.,
Suite 116,
Marion,
Il62959 - (618} 993-7200
PRJNTED ON
RECYCLED
PAPER
Eleectronic Filing, Received, Clerk's Office, September 13, 2007
* * * * * PCB 2007-137 * * * * *
Page 2
the 35-day period may be extended for a period
oftime not to exceed 90 days by written notice
from the owner or operator and the Illinois EPA within the initial 35-day appeal period.
Ifthe
applicant wishes to receive a 90-day extension, a written request that includes
a statement ofthe
date the final decision was received, along with a copy ofthis decision, must be sent to the
Illinois EPA as soon
as possible.
For infonnation 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 infonnation regarding the filing
ofan extension, please contact:
Illinois Environmental Protection Agency
Division
ofLegal Counsel
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
217/782-5544
If
you have any questions or reqnire further assistance, please contact Dong Tolan of
my
staff at 217/782-6762.
a:;'
D~1t£MMager
L~
UST Claims Unit
Planning & Reporting Section
Bureau
of Land
DEO:DT:bjh\072412.doc
Attachment
cc:
United Science Industries, Inc.
Eleectronic Filing, Received, Clerk's Office, September 13, 2007
* * * * * PCB 2007-137 * * * * *
Attachment A
Accounting Deductions
Re:
LPC # 1990555168
--
Williamson County
MarionlRussell Oil Company
309 DeYoung St. Facility #7-010002
Leaking
UST Incident No. 20030604 .
Leaking
UST Fiscal File
Citations in this attachment are from the Environmental Protection Act (Act), as amended by
Public Act 92-0554 on June 24, 2002, and 35 Illinois Administrative Code (35
Ill.
Adm. Code).
Item #
1.
Description of Deductions
$333.04, deduction for costs for analysis costs, which
lack supporting documentation.
Such costs are ineligible
for payment from the Fund pursuant to 35
Ill.
Adm. Code
734.630(
cc). Since there is no supporting documentation of costs, the Illinois EPA
cannot detennine that costs will not be used for activities
in
excess ofthose necessary
to
meet the minimum requirements of Title XVI of the Act. Therefore, such costs are
not approved pursuant to Section 57.7(0)(3)
oftheAct because they may be used for
site investigation
or corrective action activities in excess ofthose required to meet the
minimum requirements
of Title
XVI
ofthe Act.
.
a. Analysis Costs - no invoices.
$43.42, deduction for corrective action costs that are not reasonable as submitted.
Such costs are ineligible for payment from
the Fund pursuant to Section 57.7(c)(3) of
the Act and 35 IIi. Adm. Code 734.630(dd).
Deduction for costs for corrective action cost that exceed those contained in a budget
or amended budget approved by the Illinois EPA. The cost included in the
application for payment exceeds the approved budget amount and, as such, is
ineligible for payment from the Fund pursuant to Section 57.8(a)(1)
ofthe Act and 35
Ill.
Adm. Code 734.605(g) and 734.630(m).
a. Unreasonable and beyond the corrective action budget in regards to the itemized
costs over the amounts
in the approved budget - personnel costs
=
$34.82:
ET IV
=
$61.641hr; approved amount
=
$601hr; $1.64/hr. x 7.5 ms.
=
$12.30
Engineer
II =
$87.361hr; approved amount =$851hr; $2.36/hr. x 7 hrs. = $16.52
Sr. Acct. Tech.
= $56.52/hr; approved amount
=
$55/hr; $1.52/hr.
x
0.5 hr.
=
$0.76
Sr. Admin. Asst. = $46.241hr; approved amount
=
$451hr; $1.24 hr. x
0.25
hr.
=
$0.31
Acel. Tech II
= $46.24/hr; approved amount = $451hr; $1.24/hr. x 0.25 hr.
=
$0.31
--------------------
Eleectronic Filing, Received, Clerk's Office, September 13, 2007
* * * * * PCB 2007-137 * * * * *
Page 2
Proj. Manager
=
$97.641hr; approved amount = $951hr; $2.64/hr.
x 1.75
ms. =
$4.62
Unreasonable and beyond the corrective action budget
in
regards to the itemized
costs over the amounts in the approved budget - Equipment Costs
= $7.20:
Vehicle
=
$61.64/day; approved amount
=
$60/day; $1.64/day x 1 day
=
$1.64
Water Le. Ind
= $20.56!day; approved amount = $15/day; $5. 56!day x 1 day =
$5.56
I,
!/'b
C
Unreasonable and beyond the corrective action budget in regards to the itemized
#-
~1~
. costs over the amounts in the approved budget - field purchase and others costs =
$1.40:
Sample shipment
=
$51.40 ea; amount approved = $50 ea; $1.40 x 1 ea.
=
$1.40.
DEO:DT:bjh\072413.doc
Eleectronic Filing, Received, Clerk's Office, September 13, 2007
* * * * * PCB 2007-137 * * * * *
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 13,2007
William D. Ingersoll
Managing Attorney
Ill. Environmental Protection Agency
1021 North Grand Ave. East
Springfield, IL 62702
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 Russell Oil Company, Inc.
sara\wpdocs\USI-Russell\Notice.wpd
Eleectronic Filing, Received, Clerk's Office, September 13, 2007
* * * * * PCB 2007-137 * * * * *
