Schroud
Realty
Group
7.10.09
REQEVED
Appeal
Letter
CLEF(K’S
OFFICE
Illinois
Pollution Control
Board, Attn Clerk -
JUL
162009
100
West Randolph
Street
James
R. Thompson
Center, Suite
11-500
STATE
OF
ILLINOIS
Chicago, Illinois 6061-3218
PoIIuton
Control
Board
Dear Board
Members;
I would
like to
advise
you that
I
am
appealing
the bill from the Illinois
EPA
(Bureau
of Land),
invoice #121044 in the
amount
of
$7,901.29. It is
outrageous
to
charge the amount of
money that
I
was billed to receive the
information
on
the NFR letters issued to
Center Point
Properties/Ford
Motor
Company
immediately
north to
my site. This information
should
have been under
the
Freedom
of
Information Act and
could have been
easily
accomplished looking
at the final
results of
those environmental
studies.
I will eventually
ask for an NFR
letter
for
my property
which is
immediately
south of the other parcels
that
had no
environmental problems.
I
have
enclosed
my
filing fee
of $75.00
and
will provide
you
with
proof of service and notarized
signature.
I
was
never
advised
of
the
amount of cost involved
in
a
small
computer
run of
these documents.
The
amount
charged
by
the
IEPA
should
have
been
nominal.
Please advise me if
you need any
additional
information.
MostCordçJ
Donald F.
Schroud
C
mwi
/Lø
Notary
Public
State
of
Illinois
-
IV
MORADO
NOThPY
FU!L
C
STkTE
OF
ILLINOIS
57
E. Delaware P1
#2605
Chicago,
IL
60611
312.951.6676
BEFORE
THE ILLINOIS
POLLUTION
CONTROL BOARD
OF THE STATE
OF
ILLINOIS
Stroud Realty Group
(SCHROUD)
sp
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ffi—,
PCBNo.
W
(Appeal)
EQEVED
CLERK’S
OFFICE
JUL
16 2009
To:
NOTICE
OF FILING
STATE
OF
ILUNOIS
Pollution
Control
Board
Clerk of Board
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.
July 10, 2009
Stroud Realty Group
Donald F. Schroud
President
Lic’
6i
JUL
162009
Schroud
Realty
GrouJ
LLINo,s
7.10.09
Appeal Letter
Illinois
Pollution
Control
Board,
Attn
Clerk
Mr Mike
McCambridge, Attorney
100 West
Randolph Street
James
R.
Thompson Center,
Suite 11-500
Chicago, Illinois 6061-3218
Dear Mr.
McCambridge;
I would like to
advise
you that
I am appealing the
bill from the Illinois
EPA (Bureau of Land),
invoice #121044 in the amount
of
$7,901.29.
It is
outrageous
to charge the
amount
of
money
that
I
was billed
to receive
the information
on the
NFR
letters
issued to
Center Point Properties/Ford
Motor
Company
immediately north to
my site. This information
should have been
under the
Freedom
of
Information Act and could
have
been
easily accomplished looking
at the final results of
those environmental
studies.
I will eventually
ask for an NFR letter for
my
property
which is
immediately
south of the
other parcels that
had no environmental
problems. I
have enclosed
my
filing
fee of
$75.00
and will
provide you with
proof
of service
and notarized
signature.
I was never
advised
of
the
amount
of cost involved
in a small computer
run
of
these documents.
Please
advise
me
if
you
need
any
additional information.
Most
CordiaHy,
—
Donald F. Schroud
/
/
Notay Public
State
of Illinois
57
E. Delaware
P1
#2605
Chicago,
IL
60611
312.951.6676
BEFORE
THE
POLLUTION
CONTROL
BO
4
I1
OF
THE STATE
OF
ILLINOIS
(SCHROUD)
Stroud Realty
sp
Group
Petitioner,
JUL 16200
P
(Appeal)
B
V
NOpot
STATE
ion
OF
Control
ILUNOIS
Board
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
Respondent.
PETITION
FOR
REVIEW
Pursuant
to petitioner Stroud Realty
Group (SCHROUD)
submits this
Petition for
Review of
the
Illinois
Environmental
Protection Agency (“Agency”)
decision attached hereto as
Exhibit
1
(“Decision”)
denying
IEPA’ s
costs incurred
for
personal services, fringe benefits
and indirect
costs for
Project Code 01
x-LP-52
and
LPC
#0316555112
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
11,
2009.
It
was
received
by
Schroud
on
or about June 15,
2009.
III.
Grounds
For Appeal
_A.
The
Agency’s
costs
associated with the
copying
of
previous
“No
Further
Remediation
reports on 7
(seven) site assessments.
3 Files-
3 (CD’s)
IV. Conclusion
For
the
foregoing reasons,
petitioner
Schroud
Realty Group respectfully
submits
That
the
Decision
on the
bill
should be revised
to amount no greater
than postage. Please
see the enclosed
letter
from
Jan Ogden,
the FOIA
Coordinator from
the
Records
Management Unit
in the Bureau of
Land at
the Illinois
EPA. As a matter
of fact her letter
indicates
there will be
no
“Fees” assessed at all.
Please see
her letter dated August
the
26
th,
2008 to the attention
of Mr. Raymond Derbas
my
enviromnental engineer.
Jan
Ogden
also refers to the fact
there will
be no “Fees”
assessed for imaged
documents
that
have been
converted
to Adobe files and
provided on
a
CD. See her
letters
of
August
1
5
th
and
26
th,
2008.
July
10,
2009
Schroud
Realty Group
SUMMARY
OF IEPA
COSTS INCURRED AND PAID
INVOICE
DATE:
June 11, 2009
INVOICE#
121044
INVOICE PERIOD:
June 2008 Through March 2009
SITE NAME:
Stroud
Realty
Group
LPC#
0316555112
Project Code:
O1X
LP
52
PERSONAL
SERVICES, FRINGE BENEFITS AND INDIRECT
$7,901.29
TRAVEL
$0.00
CONTRACTUAL
PROFESSIONAL
SERVICES
$0.00
LABORATORY SERVICES
$0.00
OTHER
$0.00
SUPPLIES
$0.00
SUBTOTAL
$7,901.29
LESS
PREPAYMENT I ADJUSTMENTS
($500.00)
**
TOTAL PAYMENT
DUE
IN 45 DAYS:
$7,401.29
PAYMENT
DUE DATE:
July
26,2009
**This
total
does NOT include any previously issued or unpaid
invoices.
TECHNICAL
QUESTIONS SHOULD
BE DIRECTED
TO:
RHETT
ROSSI, PROJECT MANAGER
VOLUNTARY
SITE REMEDIATION UNIT A
REMEDIAL
PROJECTS MANAGEMENT SECTION
DIVISION
OF REMEDIATION MANAGEMENT
BUREAU OF LAND
PHONE
#
217/782-9283
CHECKS SHOULD BE MADE PAYABLE
TO:
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
FOR
DEPOSIT
INTO THE HAZARDOUS
WASTE
FUND
IN ORDER
TO
RECEIVE
PROPER
CREDIT,
MAIL YOUR REMITTANCE,
ALONG WITH
A COPY OF THIS INVOICE TO:
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
DIVISION OF ADMINISTRATION,
FISCAL
SERVICES
SECTION
1021 NORTH GRAND AVENUE EAST
- P.O. BOX
19276
SPRINGFIELD, IL 62794-9276
O7f15/2O
23:17
777299-33377722277
RAYMOND
E
DERBAS
PAGE
2/O2
1021
NomH
GTAND
AVENUO
Esr.,
P.O.
Box
1276,
SeCw,
ILLIC!
Jw.s
P.
THOMc’ION
Cmp,
100
Wer
9rnoL’,
Bqm
1
13OO,
Cuc
031632087
dIZCAGOMFGCAMPUS
LOT7
14
223
3250
r
126TH
Si).
CHICAGO
0316555u77
cfICAGQ
MFG
CA4PUS
LOT
10
13
192
12601
SRIJRI
AVE.
CIUCACO
TooJ
Irn&Pe
Counts:
27
4U5
If
a
CD(s)is
enclosed,
a
portion
of
the
requested
documents
are
maint
digital
images.
As
there
are
no
fees
assessed
fbr
imaged
documents,
ti
to
Adob4
files
and
‘providcd
on
the
enclosed
CD.
You
will
need
the’
greater)
to
view
and/or
prult
these
documents.
(The
reader
is
availabi
http://wwv:adobe.com)
A
list
of
the
imaged
documents
rndexed
by
d
program)
nd
date
is
included
as
well
as
document
category
code
desd
•
identifyin
documents.
Sincerely,
Jan
Ogdeip,
FOIA
Coordinator
Records
144anagement
Unit
Bureau•
o
Land
LUNOIS
‘JVRONMENTA1..
PROTECT
N
AcENCY
274-9276—
7)
75.3397
L
60501
(312)894
6026
Fo
R
LOJEVOH,
6C3VERNOP
DOUGLAS
P.
OOTT,
DJFcroR
August
15,
2008
3
hone:
217/782-9878
ax:
217/182-9290
vww.cpa.stateiLus/foia
Derbas
Asscates
Attn:
Mr.
Raymond
Derbas
12845
Phesant
Court
Homer
Gleki,
IL
60491
-
Re:
Freedor1
of
Information
Act
Request
Dear
Mr.
erbas:
The
FOIA
sector,
Burcau
of
Land,
has
processed
your
request
dated
A
gust
11,
2008
and
received
o4
August
11,2008
for
public
records
pursuant
to
the
Freedo:’
of
Information
Act
(FOIA)
(5
JCS
140/1
et.
seq.).
The
information
you
requested
from
he
below
listed
site(s)
is
enclosed.
Ruresu
o!
Land
Sgte
1nformaton
Inlagrd
Docuownts
No
of
1mage
Inc
es
ot
I’aper
Pages
of
Microf9che
0•0o
0.00
0
9
0
med
by
the
Agency
as
ey
have
been
converted
dobe
Reader®
(v5
.c
or
as
a
free
download
at
cument
category
(or
iptions
to
aid
in
ID
54742
7772999—33377722277
2794-9276
—
217)
72i?
IL
60801
—
(12)
e14-e026
corT,
QIRC1OR
hone:
217/782-9878
ax:
217/782-9290
vww.epa.state.il.us/foia
gust
19,2008
and
of
Information
Act
.e
below
listed
site(s)
is
0.00
I)
I)
ned
by
the
Agency
as
y
have
been
converted
dobe
Reader®
(v5.x
or
s
a
free
download
at
ument
category
(or
ptions
to
aid
in
PAGE
1/2
a7/25/2@9
23:17
RAYMOND
E
DERBAS
WNOIS
ENVIRONMENTAL
PROTECT
N
AGENCY
1021
•Nni
RAr4o
A’4JJ6
Ef’
P.O.
BOY
19278,
S4NG7EW,
h,.INQIS:
.a
ft
Tcwsot.
bc
Wi’
RN0L,SI.Th
11.OO,
Ol
PoD
ft
&AGOJEVIeH,
GOVERPOR
DOUG
LAS
R
August
26,
008
Attn:
Mr.
Raymond
E)erbas
12845
W
Pleasant
Court
Homer
oie4,
IL
60491-
Re:
Freedori
of
Information
Act
Request
Dear
Mr.
Drbas:
The
FOTA
sector,
Bureau
of
Land,
has
processed
your
request
dated
Ai
received
onAugust
19,
2008
for
public
records
pursuant
to
the
Freedor
(FOIA)
(5
1CS
140/1
et.
seq.).
The
infonnation
you
requested
from
enclosed.
Bur4u
of
Land
SIt
Jnformatoa
aged
Docume,t
No.
of
Ilogs
Irj
0316555060
C514TR
porNr
CHICAGO
soun
p400
S
AVE
0,
C11CAGO
54
3,045
Pag
of
Mcvofiche
Toil
fmigei?ig
Cour,t:
54
5,045
If
a
CD(s)
s
enclosed,
a
portion
of
the
requested
documents
are
mainta
digital
inlaes.
As
there
are
no
fees
assessed
for
imaged
documents,
th
to
Adobe®’files
arid
provided
on
the
enclosed
CD.
You
will
need
the
greater)
to
iiew
and/or
print
these
documents.
(The
reader
is
available
http://ww.adobe.com)
A
list
of
the
imaged
documents
indexed
by
dc
program)
and
date
is
included
as
well
as
document
category
code
desc
identifyingj
documents.
Sincerely,
Jan
Ogden
FOJA
Coordinator
Records
Management
Unit
Buxeau
of
iand
0
54854
REQ
LEFIK
S
OFFICE
VED
JUL
162009
STATE
OF
ILLINOIS
BEFORE THE POLLUTION
CONTROL I
PILU.
Control
8
oard
OF
THE
STATE OF ILLINOIS
Stroud
Realty
Group
(SCHROUD) sp
Petitioner,
V.
PCB
NO.I’
(Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY,
Respondent.
PETITION FOR REVIEW
Pursuant to petitioner Stroud Realty Group (SCHROUD) submits this Petition for Review of the
Illinois
Environmental Protection Agency
(“Agency”) decision attached hereto as Exhibit 1 (“Decision”) denying
IEPA’s
costs
incurred
for personal services, fringe benefits and indirect costs
for
Project Code
Olx-LP-52
and LPC
#0316555112
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
11, 2009. It was received by Schroud on or about June 15, 2009.
III. Grounds For Appeal
_A.
The
Agency’s costs associated with the copying
of previous “No Further
Remediation reports
on 7
(seven) site assessments. 3 Files-
3 (CD’s)
IV. Conclusion
For the foregoing reasons, petitioner
Schroud Realty Group respectfully submits
That the Decision
on
the
bill
should be revised to amOunt no greater than postage. Please see the enclosed
letter from Jan Ogden, the
FOIA Coordinator from the Records Management Unit in
the Bureau
of Land at
the Illinois EPA. As a matter of fact her letter indicates there
will be no
“Fees” assessed at all. Please see
her letter dated
August
the
26
th,
2008 to the attention
of Mr.
Raymond Derbas my environmental engineer.
Jan Ogden
also refers to the fact there will
be no “Fees” assessed for imaged documents
that
have
been
converted to Adobe files and provided
on
a CD. See her letters
of
August
15
th
and
26
th,
2008.
July 10, 2009
Schroud
Realty Group
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
Schroud
Realty
Group
PCB#_____
(Appeal)
Petitioner,
CLEK’S
OIFIC
JUL
1
5 2009
ILLINOIS
ENVIRONMENTAL
STATE
1LL1NO
PROTECTION
AGENCY,
PoIUt10fl
Control
Board
Respondent.
ILLUSTRATION
G
Invoice
Appeal
PROOF
OF
SERVICE
REQEVED
CLEF1K’S
OFFICE
JUL
16
2009
STATE
OF
ILLJNOJS
Pollution
Control
Board
I,
the
undersigned,
on
oath
(or
affirmation)
state
that
I
have
served
on
the
date
of
July
16,
2009,
the
attached,
by
hand
delivered
personally,
upon
the following
persons:
ILLINOIS
POLLUTION
CONTROL
BOARD
Donald
F.
Schroud
FFiC1AL
S1AL
‘
Notary
Seal
MRAM
MORADO
NOTARY
PUBLIC
STATE
OF
LLINOIS
SUBSCRIBED
AND
SWORN
TO
BEFORE
ME
THIS_i
6_day
of
July
,
2009
Lac
i/&
No ary
Public