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BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
LOGAN HOLLOW PHILLIPS 66, )
Petitioner,
)
v.
)
PCB ________
)
(LUST Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
NOTICE OF FILING AND PROOF OF SERVICE
To:
John T. Therriault, Acting Clerk
Bill Ingersoll
Illinois Pollution Control Board
Illinois Environmental Protection Agency
100 West Randolph Street
1021 North Grand Avenue East
State of Illinois Building, Suite 11-500
P.O. Box 19276
Chicago, IL 60601
Springfield, IL 62794-9276
PLEASE TAKE NOTICE that I have today electronically filed with the Office of the
Clerk of the Illinois Pollution Control Board, pursuant to Board Procedural Rule 101.302 (d), a
PETITION FOR REVIEW OF THE AGENCY LUST DECISION, a copy of which is herewith
served upon the attorneys of record in this cause.
The undersigned hereby certifies that a true and correct copy of this Notice of Filing,
together with a copy of the document described above, were today served upon counsel of record
of all parties to this cause by enclosing same in envelopes addressed to such attorneys with
postage fully prepaid, and by depositing said envelopes in a U.S. Post Office Mailbox in
Springfield, Illinois on the 8th day of January, 2010.
Respectfully submitted,
LOGAN HOLLOW PHILLIPS 66, Petitioner
BY:
MOHAN, ALEWELT, PRILLAMAN & ADAMI
BY:
/s/ Patrick D. Shaw
Patrick D. Shaw
MOHAN, ALEWELT, PRILLAMAN & ADAMI
1 North Old Capitol Plaza, Suite 325
Springfield, IL 62701-1323
Telephone: 217/528-2517
Facsimile: 217/528-2553
Electronic Filing - Received, Clerk's Office, January 8, 2010
* * * * * PCB 2010-051 * * * * *
 
2
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
LOGAN HOLLOW PHILLIPS 66, )
Petitioner,
)
v.
)
PCB ________
)
(LUST Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
PETITION FOR REVIEW OF THE AGENCY LUST DECISION
NOW COMES Petitioner, LOGAN HOLLOW PHILLIPS 66, pursuant to Sections 40 and
57.8 of the Illinois Environmental Protection Act and hereby appeals that portion of the LUST
Decision issued on December 9, 2009, by Respondent Illinois Environmental Protection Agency
(“IEPA”), denying payment of $7,596.38, in support thereof states as follows:
1.
Logan Hollow Phillips 66 (hereinafter “Logan Hollow”) was the owner or
operator of underground storage tanks located near Jacob, County of Jackson, Illinois. The site
has been assigned LPC #0778995008.
2.
In 2009 a release was reported from the site and Incident No. 20090353 was
assigned to it.
3.
Subsequently, early action activities were undertaken in response to the release.
4.
On August 10, 2009, Logan Hollow submitted application for payment in amount
of $83,710.88 for early action activities. The payment application was accompanied by
voluminous supporting documentation.
5.
On December 9, 2009, the IEPA unjustifiably denied costs for reason of lacking
supporting documentation. Prior to rendering its final decision, the IEPA did not request
additional information or revise its payment application forms to identify additional information
Electronic Filing - Received, Clerk's Office, January 8, 2010
* * * * * PCB 2010-051 * * * * *
 
3
above and beyond that which was provided in the voluminous submissions of petitioner’s
consultants. Consequently, $6,908.33 was deducted. A true and correct copy of the Agency’s
denial letter is attached hereto as Exhibit A.
6.
Furthermore, the Agency appears to have improperly reassigned job tasks from
those performed by Project Engineer and Senior Project Manager to someone else without legal
justification. Consequently, $688.05 was deducted.
WHEREFORE, Logan Hollow Phillips 66 requests that the reductions from the Agency
be reversed, that the Agency be directed to pay Logan Hollow Phillips 66 the amount of
$7,596.38, that the attorney fees paid by undersigned counsel be reimbursed, and for such other
and further relief as the Board deems meet and just.
Respectfully submitted,
LOGAN HOLLOW PHILLIPS 66 Petitioner
BY:
MOHAN, ALEWELT, PRILLAMAN & ADAMI
BY:
/s/ Patrick D. Shaw
Patrick D. Shaw
MOHAN, ALEWELT, PRILLAMAN & ADAMI
1 North Old Capitol Plaza, Suite 325
Springfield, IL 62701-1323
Telephone: 217/528-2517
Facsimile: 217/528-2553
Electronic Filing - Received, Clerk's Office, January 8, 2010
* * * * * PCB 2010-051 * * * * *
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 North Grand Avenue East! P.O. Box 19276, Springfield, Illinois 62794.9276 • (217) 782.2829
James R. Thompson Center, 100
West
Randolph,
Suite
11.300, Chicago,
IL 60601 • (312)
814-6026
2171782-6762
DEC 092009
Logan Hollow Phillips 66
PAT QUINN, GOVERNOR
DOUGLAS P. SCOTT, DIRECTOR
CERTIFIED MAIL #
7007 2560 0003 2089 2791
~ttention:
Robert
M.
Villanueva clo CW3M Company, Inc.
P.O. Box 571
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'07lli
~~
Carlinville, lllinois 62626
DEC
I I
LffIl
~
Re:
LPC 0778995008
--
Jackson County
Jacob/Logan Hollow Phillips 66
21118 Highway 3
Incident-Claim No.: 20090353 -- 57179
Queue Date: August 12,
2009
Leaking UST Fiscal File
Dear
Mr,
Villanueva:
~
', ..
,
The Illinois Environmental Protection Agency (Illinois EPA) has completed the review of your
application for payment from the Underground Storage Tank (UST) Flmd for the above-
referenced Leaking
UST incident pursuant to Section 57.8(a) of the Illinois Environmental
Protection Act (Act),
as amended by Public Act 92-0554 on June 24, 2002, alld 35 Illinois
Administrative
Code (35 IlL Adm. Code) 734, Subpart F.
TIlls information is dated August 10, 2009 and was received by the illinois EPA on August 12,
2009. The application for payment covers the period from April 1, 2009 to July 31,2009. The
amount requested is $83,710.88.
On August 12, 2009, the lllinois EPA received your complete application for payment for this
claim.
As
a result of illinois EPA's review of this application for payment, a voucher for
$61,101.49
win
be prepared for submission to the Comptroller's Office for payment as funds
become available based upon the date the Illinois EPA 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 Illinois EPA. This constitutes the Illinois EPA's fi11al
action with regard to the above application(s) for payment.
The deductible amount
of $15,000.00 was withheld from your payment. Pursuant to Section
S7.8(a)(4) of the Act, any deductible, as determined pursuant to the Office ofthe State Fire
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Electronic Filing - Received, Clerk's Office, January 8, 2010
* * * * * PCB 2010-051 * * * * *
PageZ
Marshal's eligibility and deductibility fmal detennination in accordance with Section 57.9 of the
Act, shall be subtracted from any payment invoice paid to
a.'1.
eligible owner or operator.
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.
An
underground storage tank system owner or operator may appeal this decision to the Illinois
Pollution Control Board. Appeal rights are attached.
If
you have any questions or require further assistance, please contact Doug Tolan of my staff at
Z17/78Z~676Z.
John Sherrill, Manager
Financial Management
Unit
B1.~ofLand
JS:~
Attachment A
Appeal
Rights
cc:
CW3M Company, Inc.
Leaking UST Claims Unit
Doug Tolan
Electronic Filing - Received, Clerk's Office, January 8, 2010
* * * * * PCB 2010-051 * * * * *
Attachment A
Technical Deductions
D)~©~OW~~I
DEC
I
I 2009
Re:
LPC # 0778995008 - Jackson County
Jacob /
Logan Hollow Phillips 66
21118 Highway 3
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Leaking UST Incident No. 20090353
Claim No. 57179
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 TIL Adm. Code).
Item #
1.
Descliption of Deductions
$6,908.33
for costs that lack supporting documentation and justification. Pursuant to
35 Ill. Adm. Code 734.605(b)(9) and 734.630(cc), application for payments must
include
an accounting of all costs, including but not limited to, invoices, receipts, and
supporting documentation showing the dates and descriptions of the work performed ..
In addition, reasonableness of costs cannot be determined without documentation.
Pursuant to 734.630(ee), costs incurred during early action that are unreasonable are
ineligible.
*$ 5,928.77 Excavation, Transportation, and Disposal.
*$
979.56 Backfill.
The
above costs were submitted per bidding.
In
order for the bids to be reviewed
pursuant
to 35
Ill.
Adm. Code 734.855, a breakdown of what is included in the bid
and what specific costs exceed
the Subpart
H
rates must be provided. Justification
must be provided
to document why the bids were necessary and why the Subpart
H
rates could not be met for this project.
In
addition} the USTremoval appears to be an
intricate part ofthe remediation however, the UST removal portion of the project was
not bid.
2.
$688.05, deduction for a reduction in the personnel title listed in Section
734.APPENDIX
E Personnel Titles and Rates. Pursuant to Section 734.850(b)
personnel costs must not exceed the
amounts set forth in Appendix E and the
personnel costs must be based on the work perfonned. regardless the title of the
person performing
the work. The Engineer and Senior Project Manager rates have
been reduced to a Senior Account Technician rate of $61.16 per hour.
The costs exceed the maximum payment amOtmts set forth in Subpart H} Appendix
D, andlor Appendix E of35 Ill. Adm. Code 734. Such costs are ineligible for
payment from the Fund pursuant to 35 IlL Adm. Code 734.630(zz). In addition, such
costs are not approved pursuant to Section 57.7( c)(3) of the Act because they are not
reasonable.
Electronic Filing - Received, Clerk's Office, January 8, 2010
* * * * * PCB 2010-051 * * * * *
Attachment A
Accounting Deductions
Re:
LPC 0778995008 -- Jackson County
Jacob/Logan Hollow Phillips
66
21118 Highway 3
Incident-Claim No.:
20090353 -- 57179
Queue Date: August 12,2009
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
nl.
Adm. Code).
Item
# Description of Deductions
1.
$11.66, deduction for early action costs for Ullllecessary analytical data and handling
charges 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 Ill. Adm. Code
734.630(ee).
a) Handling charge costs on hotel overnight costs are not eligible = $10.76.
b) Unnecessary analytical data;
9 copies x
$0.10/copy
=
$0.90.
2.
$1.35, deduction for handling charges for subcontractor costs when the contractor has
not submitted proof of payment for subcontractor costs. Such costs are ineligible for
payment from the Fund pursuant to 35
TIL
Adm. Code 734.630 (ii).
In
addition,
such
costs are not approved pursuant to Section 57.7(c)(3) of the Act because they are not
reasonable.
a)
CW3M Company. Inc. - Subcontractors - $1,663.22 - $1,661.87 = $1.35.
dmt
Electronic Filing - Received, Clerk's Office, January 8, 2010
* * * * * PCB 2010-051 * * * * *
Appeal Rights
An
underground storage tank owner or operator may appeal this fmal decision to the Illinois
Pollution Control
Board pursuant
to
Sections 40 and 57.7(c)(4) of the Act by filing a petition for
a hearing within 35 days after the date of issuance of the final 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 lllinois EPA within the initial. 35-day appeal period.
If
the owner or
operator wishes to receive a 90--d.ay extension. a written request that includes a statement of the
date the fmal. decision was received, along with a copy of this decision, must be sent to the
lllinois EPA as soon as possible.
For information regarding the filing ofan appeal.'p1ease contact:
Dorothy Gunn. Clerk
Illinois Pollution Control
Board
State of lllinois Center
100 West Randolph. Suite 11-500
Chicago.
IL
60601
312/814-3620
For information regarding the filing of an extension. please contact:
~l:il:©~DW~
DEC
1 I 2009
~
~,!
:/
TIlinois Environmental Protection Agency
Division
of Legal Counsel'
....
..
.' '. ' i.,:t:..: .. , ..
~ :!,~::.::
•• ;.; ... t ;:. .
1 021 North Grand Avenue East
Post Office Box 19276
Springfield,
IL
62794-9276
2171782-5544
.-
Electronic Filing - Received, Clerk's Office, January 8, 2010
* * * * * PCB 2010-051 * * * * *

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