BEFORE T

v.

DICKERSON PETROLEUM,

Respondent.

LLlNOIS POLLUTION 

CONTROL 

BOARD

PCB No.

ICE OF FILING

TO: Mr. John T. Therriault

ss

100

C arol W ebb, E sq.

Officer

rol Board

pson Center

ioner,

(VIA ELECTRONIC

Chicago,

ICE that

the Illinois Pollution Control 

Board a PET

Pollution Control 

Board, a copy of

Illinois Pollution Control Board

1021 North Grand Avenue East

P ost O ffice B ox 19274

linois 62794-927

today filed with the Office of the Clerk of

rected to the

is herewith served upon you.

DICKERSON PETROL 

EU

Dated: July 10, 2009

3150 Roland Avenue

Post Office Box. 5776

Springfield, 

Illinois 62705-5776

(217) 523-4900

By: /s/Edward W. Dwyer

One of 

Its Attorneys

THIS 

FILING SUBMITTED ON RECYCL

Electronic Filing - Received, Clerk's Office, July 10, 2009

* * * * * PCB 2010-005 * * * * *

INOIS POLLUTION 

CONTROL 

BOARD

DICKERSON PETROLEUM, INC.,

ILLINO

NOW C

PROTECTION AGENCY,      

)

Respondent.

on

ioner,

orneys, 

HODGE DWYER & DRIVER, and pursuant to Sections 40

ner, DICKERSON PETROLEUM, INC. ("Petitioner"), by

5/40 and 35

111. Admin. Code Part 105, hereby requests review of the decision by the Respondent,

Illino

for payine

located at

mental Protection Agency ("Agency"), regarding Petitioner's appli

he Leaking Underground Storage

ioner states as follows:

ner was the owner o        

orage tanks ("USTs")

2.

2008.

("OSFM") 

req.

peer Cahokia Road, Cahokia, Illinois ("Site"), prior to their removal on

On January 

18, 2008, during a pr         

ation o

e with applicable Board and Office of the State 

Fire

notified the Illino        

Management Agency ("IEMA")

of a release from the USTs. IEMA assigned the release 

Incident No. 20080084.

Electronic Filing - Received, Clerk's Office, July 10, 2009

* * * * * PCB 2010-005 * * * * *

inner received an Eligibility and Deductibility determination from OSFM on Ap

2008.

3.

On February 15, 2009, Petitioner submitted an application for payment

the LUST Fund to the 

Agency. The application was for costs incurred by Petitioner

the early action period covering January 18, 2008 to September 5, 2008. The

application requested reimbursement of 

costs totaling $84,090.

4.

By letter dated June 10, 2009, the Agency determined that "[b]ased 

on the

information currently in the     

EPA's possession, this incident is not subject to T

XVI: Petroleum Underground Storage Tanks 

of

Id.

or 731." See 

Letter from Illinois EPA to Dickerson Petroleum, Inc. (June 10, 

2009),

attached hereto as Exhibit

The date of service on t

his claim cannot be reviewed 

and a voucher cannot be prepared

bnlissio

2, 2009. The

and 35 Ill. Adm. Code 734, 732,

"[t] herefor

rdance with Board's rules governing

T appeals. 35 Ill. Admin. Code §§ 101.300(c), 

105.404.

0, 2009 letter provides neither a statutory nor regulatory basis

able because the

lations.

considered 

corrective action as defined by the

009 final

ion for Review was filed within 35 days 

after the

Act in Section 57.2. 

415 ILLS 5/57.2. An owner or operator of an UST may seek

Electronic Filing - Received, Clerk's Office, July 10, 2009

* * * * * PCB 2010-005 * * * * *

reimbursement for corrective action costs, including costs incurred for early action

ities, from the LUST Fund pursuant to 

the Act and Board regulations. 415 ILLS

5/57.8; 35 Ill. Admin. Code Part 734. Subpart B of Part 734, as well as other sections of

Part 734, provide the requirements for seeking reimbursement from the LUST Fund for

early action activities. 35 Ill. Admin. Code Part 734.

8.

Petitioner submitted the documents required by the applicable statute and

regulations to the Agency.      

s June 

10, 2009 final decision determined that it

oner's application for payment from

ation 

does not provide a factual, statutory, or

object to UST 

regulation. See Exhibit A. The June 10, 2009 letter was a

final decision and may be reviewed by the Board pursuant 

to

Section 

40

of

tl

10, 2009 determ

that the release "is not subject 

to 35 Ill. Adm. Code 734, 732 or 731." ,Sec Exhibit A.

riders the Agenc

Toner

UST Fund because the

nd without statutory or

Act to review of the Agency's final

ersal of such decision. 415 

ILLS 5/40.

1

0.

T he Agency's decision constitutes a refusal to reimburse corrective action

costs, which is subject to review pursuant 

to Section 57.8(i

5/57.8(i); 

415 ILCS 5/40.

I l.

5 ILCS

tioner is entitled to seek 

review of the Agency's June 10, 2009 final

ion that the above-referenced incident 

is not 

subject 

to the State's

Electronic Filing - Received, Clerk's Office, July 10, 2009

* * * * * PCB 2010-005 * * * * *

regulations. The Agency's determination 

regarding

and without statutory or 

regulatory authority.

12.

ncident is arbitrary, capricious,

On July 10, 2009, Petitioner 

filed a Motion to Consolidate an appeal of the

Agency's 

final determination in a

ngs conce

s that the Illinois

Consolidate, 

Dickerson Petroleum, Inc. v. 

Illinois Environmental Protection Agency,

o. 09-87 (July 10, 

2009).

PETROLEUM,

the folio

ution Control Board grant

0,

2009 final decision

or regulatory authority,

b.

Reverse the Agency's 

determ

not subject t

ious matter with this Petition since 

the two

cident 

and stem from the same facts. See Motion 

to

for the above and 

foregoing reasons, Petitioner, DICKERS

ove-referenced 

incident is

orda

rt 734;

at the above-referenced 

incident is eligible to access the 

LUST

Fund and that costs incurred during 

the early action period 

for this release are eligible for

LUST Fund in accordance 

with applicable regulations;

Award Petitioner 

reasonable attorney's 

fees and expenses incurred in

Electronic Filing - Received, Clerk's Office, July 10, 2009

* * * * * PCB 2010-005 * * * * *

Award such further relief as the Board deems

Respectfully 

submitt

nd equitable.

DICKERSON PETROLEUM, INC.,

Petitioner,

Dated: July 10, 2009         

By: /s/Edward W. Dwyer

One of Its Attorneys

Monica T. Rios

3150 Roland

Post Office Box 5776

Springfield, Illinois 62705-5776

(217) 523-4900

CAHO:001/Pil/ Petition for Review - Reimbursernent Denial

Electronic Filing - Received, Clerk's Office, July 10, 2009

* * * * * PCB 2010-005 * * * * *

JUL—10—2009

16:04

HDD

P.01/03

Exhibit

ILUNOIS

ENVIRONMENTAL

PRQTCTON

—.

G’.,cY

.-,

.—

——

O21

4Qkrr

GR,\i

Bcu

1926

cictz

I’ro

94-926

(211

:CNm.

CWsr

tUOLI’H

SLjIT

3O’.

C’Q,

66O1:

—

D,ct,P;-$çorr,

D(gCrow

2!7flg2-6:72

.‘CERTlFJJj

:j%jfl.

JUN

fl:J

Thkersji:1

Inc.

Thomas

1-1.

Wu11cr

:2ONprtbjfljnøjs

BdfleviJie.,flhjnos

62220

Re:

LEC.1630Z05077—

St.

Clair

uiity

Pen-oljminc

:2,3

OpperCahokIa

1neident-CiairnN.

20080084

5623

Queue

Date:

February

l7,

2009

Leaking

tJST,Fscai.Plle

.PearMr.

VuJler:

Illinois

ironfn(1ta1

1rotee.tjc,n

Agency

(lllinois.EPA)

received

appUcaior

fQr

pa.

.entfwm,the

L!niergruiid

Storage

Taik

.UST)Fun

for

the

aSQve-r6fernced

Leaidng

.IYST

incident

pursuant

Sectiøo

57.

the

flBno

Eionrncntai

Proetion..Act.(Act,

as.-arnended.by

PubIft

Act

92-0554

June

24200and

35:

Cede

(35.111.

Adm,

Code)

734,:SibpF.

‘This

appJ:icatio

fOr:

payrnent.ls-dàtcd

Fthruaiy15

2009

and

was..

received

the.

illinois

.Eè.ruary

17.

2.0.09.

coers

18,

20Qto.Septeiiibr5.

00g,.

amount

rrqusted

$84.(Y0;6

Based

infOrrnótion

cuitently

lilinois

EPA

oeiön

this

incident

ñQt.

subjea

tie

XV1

Pewoleurn

{Jnderround

Storage

Tanks

tht.

Act

tnd

111

dxn

Code

734,

732

Threfon,

the

llhnøis

EPA’s

detrtnnred

that

thj

claim

cannot

-wed

youc

icr

cait

prpard

for

subrnissi:oi

totIe’

CornptroliWs

Office

thrpaymcnL

This.

itte

illinois.

EPA’sfmai

action

with

regrd

to.the

above

appB

cation

tbr

payment.

ndergrpund

storagc

tank

systtrI.wner

operatbt

may

1pi

this

,decin

.ø

the

1ii:tis.Ption

Contra!

4ax4

Appal

rights

attached.

t’øtJi

-re;

‘.

il;

ii1

ithSit

)

If’4r

P’

1.)

P(i

IL6it

.ic.

l;F

—

tjp

‘,

9.H

‘I’5

ctvil

R’i

-.1

ti.mpn,

1L52

l’17I

\,C4J

L’

—

Cc,

c’-iI

?,134

)

—

MTJh

j_OI)

9.ai

IcCCL’

I%ñ$

Electronic Filing - Received, Clerk's Office, July 10, 2009

* * * * * PCB 2010-005 * * * * *

02/03

JUL—10—2009

16:04

HDD

U’yQu

have

any

stions

ør

reqiiire

fwther

:aitan,

p]eae

o.ntactTh-ian

auer

stafft

7?S2-3335

Sincerely,

Lekig

ILnderground.

Storage

Thnk.SLion

Dhi1on

Rejnediation

M:iemcnt

Bureau

ofl.and

HAA.:

J*riache.r

Angleton

Associates.

LLC

Leaking

UST

Clafrñs

Unit

Brian

Bftzer

Electronic Filing - Received, Clerk's Office, July 10, 2009

* * * * * PCB 2010-005 * * * * *

03/03

JUL—10-2009

16:04

HDD

Appeal

Rig)zis

An:undrground

to.rage

wner

opeaor.

.ppeaLthis

fnaI

decision

the:.flUiøi

Pollution

Control

I3oard

puruant

Sections

ano

)

the

fllrng

petuon

før

htraring:within

dayst

the

date

issuance

the

f’iiiai.decision.

Fowevr

the

3Sday

pcriod

may

be,extended

for

period

time

nbt:t

cxc

days

written

nOtice

from

the

owner

operaroraad

the

flhinis

EPA

withñi

theitui

35-day

vppeal

pexiQd.

the:0tner

øptatorwishs

receive

9Odry

extens’on,

WrttttT1

reouest

thar:incIde

tatement

tif

the

thtethe

final

ctcision

vas

rcc.eiec1,

along

with

copy

This

deisib.n,

must

the

1.llinojs

.E?.A

soon

ppssile

infO

rnation..rgarding.the

request

:foran

extension,

kase

con;act:

Illinois.

Environrnent11

Protection

Agency

Division

Lea1

C®Dsj

!OZ1

North

Grand

Avenue

East

Post.

8ox

9276

Springfield.

62794-9276

7/7.825544

For

hforniation

regarc

ng:thefilng

appeal,

please

contact:

illinois

P4Jflution

Control

Boards

Clerk

Slate

Illinois

Center

West

Randolph,

Suite

5OO

Cicago,lL

60601

.312)814-3620

TOTAL

P.03

Electronic Filing - Received, Clerk's Office, July 10, 2009

* * * * * PCB 2010-005 * * * * *

CERTIFICATE 

OF SERVICE

Edward 

W.

ersigned, 

hereby certify that I have serv

attached PETITION FOR REVIEW 

upon:

Jo hn T . 

Therriault

C lerk of the Board

Illinois Pollution Control Board

100 West Randolph 

Street

Suite 11-500

nois 60601

electronic 

mail on July 10, 2009; 

and upon:

G. Richardson

ion of Legal 

Counsel

102

1 Protection 

Agency

Post Office Box 

19276

Springfield, 

Illinois 62794-9276

by depositing said document

Illinois on July 10,

Carol Webb, Esq.

Hearing Officer

Illinois 

Pollution Control Board

1021 North Grand Avenue 

East

Post Office Box 

19274

62794-9274

Edward W. Dwyer

CAHO:U0I/Fil/NOF 

& COS--Petition for

THIS 

FILING SUBMITTED ON 

RECYCLED PAPER

d ,

Electronic Filing - Received, Clerk's Office, July 10, 2009

* * * * * PCB 2010-005 * * * * *