BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILUNOIS
STREATOR PETROL PUMP,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
PCBNo.
_
)
(LUST Appeal)
)
)
)
NOTICE OF
FlUNG
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.
July 22,2008
STREATOR PETROL PUMP
By:
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~.
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 Streator Petrol Pump
Electronic Filing - Received, Clerk's Office July 22, 2008
* * * * * PCB 2009-007 * * * * *
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
STREATOR PETROL PUMP,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
PCBNo.
_
)
(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), and to the Board's regulations on Leaking Underground
Storage Tank ("LUST") decisions, 35
ILL. ADM. CODE 105.400
et seq.,
petitioner
Streator Petrol Pump ("Streator") submits this Petition for Review
of the Illinois
Environmental Protection Agency ("Agency") decision attached hereto as Exhibit 1
("Decision") denying Streator reimbursement for $570.14
in costs incurred under
the LUST program.
Pursuant to
§
57.8(1) of the Act, Streator further requests the Board to order
the Agency to pay Streator'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 June 17, 2008. It was received by
Streator on June 19, 2008.
Electronic Filing - Received, Clerk's Office July 22, 2008
* * * * * PCB 2009-007 * * * * *
III. GROUNDS FOR ApPEAL
A. The Agency's contention that Streator's $570.14 site investigation or
corrective action costs are "not reasonable" as submitted
is erroneous, arbitrary
and capricious.
B. The Agency's contention that Streator's $570.14 site investigation or
corrective action 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) is erroneous,
arbitrary and capricious.
C. The Agency's conclusion that the invoices submitted on May 14, 2008
indicate excessive markup is erroneous, arbitrary, and capricious.
IV. CONCLUSION.
For the foregoing reasons, petitioner Streator Petrol Pump respectfully
petitions the Board to reverse the denial
of reimbursement in the amount of
$570.14 and to order the Agency to pay Streator's attorneys' fees for this appeal.
July 22, 2008
STREATOR PETROL PUMP
By:
(L:-__--__
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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 Streator Petrol Pump
sara\wpdocs\USI-Streator\PetforReview.doc
-2-
Electronic Filing - Received, Clerk's Office July 22, 2008
* * * * * PCB 2009-007 * * * * *
'.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276 - ( 217) 782-3397
JAMES R. THOMPSON CENTER, 100 WEST .RANDOLPH, SUITE 11-300. CHICAGO, lL 60601 - (312) 814-6026
ROD R, BLAGOJEVICH, GOVERNOR
DOUGLAS
P. SCOTT,
DIRECTOR
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CERTIFIED MAlL #
7007 0220 DODD 0151 8430
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JUN 1 7 2008
BY:
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217/782-6762
Streator Petrol Pump
Attn: Salahuddin Razi
c/o Jennifer Vescogni, Southwest Bank, Acct. #0032713725
#2 Carlyle Plaza Drive
Belleville, illinois 62221
Re:
LPC #0994905035
-. LaSalle County
StreatorlPetrol Pump
2108 North Bloomington Street
Leaking UST hlcident No, 20050571
Leaking UST FISCAL FILE
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Dear Mr. Razi:
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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 pursuant to Section 57.8(a) ofthe Illinois Environmental Protection Act (Act), and 35
TIL Adm. Code 732, Subpart F. TIlls information is dated July 9,2007 and was received by the
Agency on July 10, 2007.
The application for payment covers the period from January 1, 2006
to
May 19,2007. The amount requested is $44,761.44.
The deductible amount for this claim is $10,000.00, which was previously deducted from the
billing submittal received
by the Agency on October 3, 2005 for $80,976.68. 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.
PRINTED ON RECYCLED PAPER
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---------
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On
July 10,2007, 'the Agency received your application for payment for this claim. As a result
ofthe Agency's review of this application for payment, a voucher for$44, 191.3lfwill 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 application for payment requests are
received
by the Agency. This constitutes the Agency'sfinal action with regard to the above
application(s) for payment.
ROCKfORD - 4302 North Main Street, Rockford, IL 61103 - (815) 987-7760
•
DES PLAINES - 9511 W. Harrison St., Des Plaines, IL 60016 - (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 -
PEO~IA
- 7620 N, University St., Peoria, IL 61614 - (309) 693.5462
•
CHAMPAIGN - 2125 South First Street, Champaig,.:,:n'ii'.L6.1.82.0.-.(2.1
ii7).2711i8~-S~801llli0_"
SPRINGfiELD - 4500 S. Sixth Street Rd., Springfield, IL 62706 - (217) 786-6892
•
COLLINSVilLE - 2009 Mall Street, Coliinsvilie, IL 6.
MARION - 2309 W. Main St., Suite 116, Marion, IL 62959 - (618) 993-7200
EXHIBIT
1
Electronic Filing - Received, Clerk's Office July 22, 2008
* * * * * PCB 2009-007 * * * * *
Pagel
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 ofissuance ofthe final decision. However,
the
35.dayperiod 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. Iftbe
applicant wishes to receive a 90-day extension, a written request that includes a statement oithe
date the final decision was received, along with a copy ofthis 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, lllinois 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
If
you have any questions or require further assistance, please contact Doug Tolan of
my
staff at 217/782-6762.
s~e;a'RcJ~~
E. William Radlinski,.Manager
Planning and Reporting Section
Bureau
of Land
EWR:DMT:mls\082084.doc
Attachment
cc:
United Science Industries, Inc.
LCUFile
Doug Tolan
Electronic Filing - Received, Clerk's Office July 22, 2008
* * * * * PCB 2009-007 * * * * *
,.,
Attachment A
Accounting Deductions
Re:
LPC #0994905035 -- LaSalle County
StreatorlPetrol Pump
2108 North Bloomington Street
Leaking
UST Incident No. 20050571
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 ofDeductions.
$570.14, deduction for site investigation or 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) ofthe Act and 35 TIL Adm. Code 734.630(dd).
.a.
The actual invoices submitted May 14,2008 indicate excessive markup:
First Environmental
LaQs Invoice #65745 $273.00;
Stock
Item =$487.22; $487.22 - $273.00 =$214.22
First Environmental Labs Invoice #65872 $409.50;
Stock
Item =$718.50; $718.50 - $409.50 =$309.00
First Environmental Labs Invoice #65894 $31.20;
Stock Item
=
$78.12; $78.12 - $31.20
=
$46.92
DMT:rnls\082085.doc
§@
ij lUM
Electronic Filing - Received, Clerk's Office July 22, 2008
* * * * * PCB 2009-007 * * * * *
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
Illinois Pollution Control Board
James R. Thompson Center
100
West Randolph Street
Suite 11-500
Chicago, IL 60601
July 22, 2008
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 Streator Petrol Pump
sara\wpdocs\USI-Streator\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 July 22, 2008
* * * * * PCB 2009-007 * * * * *
