BEFORE THE ILLINOIS POLLUTION CONTROL BOi~
RICHARD KARLOCK,
)
J/~
1 ~
2305
)
I
STATE
OF
iLLINO!S
Petitioner,
)
~ ~ouuuon
Control Board
)
PCBNo.
vs.
)
(UST Appeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE
OF FILING
TO:
Ms. Dorothy Gunn
John Kim, Esq.
Clerk of the Board
Division of Legal Counsel
Illinois Pollution Control Board
Illinois Environmental Protection Agency
100 W. Randolph Street
1021 N. Grand Avenue
East
Suite 11-500
P.O. Box 19276
Chicago, IL 60601
Springfield, IL 62764-9276
PLEASE TAKE NOTICE that I have today filed with the Office of the
Clerk of the Illinois Pollution Control Board an original and nine copies each of
an Entry of Appearance ofJeffrey W. Tock and Petition for Review of LUST Fund
Reimbursement Decision, copies of which are herewith served upon you.
Respectfully Submitted
RICHARD KARLOCK,
Petitioner,
By:
cA4
~JT~/-
/~yre~.
Tock
Dated:January
13,
2005
Jeffrey W. Tock
Harrington & Tock
201
W. Springfield
Ave., Suite
601
P.O. Box 1550
Champaign, Illinois 61824-1550
Telephone: (217) 352-4167
vlb/Complain.jef/HDC/Karlock-NoticeAppeal
~7
~
D
CLi~-~K’S
o~:~:•
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RICHARD KARLOCK,
)
STATE OF ku
)
Po~ut~on
Contro’
~
Petitioner,
)
)
PCBNo.
0w
vs.
)
(UST Appeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ENTRY OF APPEARANCE
NOW COMES Jeffrey W. Tock, of the law firm of Harrington
& Tock, and
hereby enters his appearance on behalf of Petitioner, RICHARD KARLOCK, in
the above-referenced matter.
Respectfully Submitted
RICHARD KARLOCK,
Petitioner,
By:___________
/
~(rØ~.
lock
Dated:January 13, 2005
/
/
/
Jeffrey W. lock
Harrington
& lock
201
W. Springfield Ave., Suite 601
P.O.
Box 1550
Champaign, Illinois 61824-1550
Telephone: (217) 352-4167
vlb/Complain.jef/HDC/Karlock-FntiyApp
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARDCLt~\S
OFFICE
~
~
RICHARD KARLOCK,
STATE OF ILUNOIS
)
Po~u~on
Contro~
Soard
Petitioner,
)
~..
4~1
)
PCBNo.
O~
vs.
)
(UST Appeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR REVIEW OF LUST FUND REIMBURSEMENT DECISION
NOW COMES Petitioner, Richard Karilock (hereinafter “Petitioner”), by
and through his attorneys, Harrington
& lock, pursuant to Section 57.8(i) of the
Illinois Environmental Protection Act (“Act”) (415 ILCS 5/57.8(i)), and hereby
requests review of the decision by the Respondent, Illinois Environmental
Protection Agency (“Agency”), regarding reimbursement of site investigation
activities.
In support
of this Petition, the Petitioner states as follows:
1.
Petitioner is the owner of certain property located at 5225. Main Street,
Rankin, Illinois, hereinafter referred to as “the Site”.
2.
Petitioner is the owner of underground
storage tanks (“USIs”) formerly
located at the site.
3.
On September 14, 2004, Petitioner submitted to the Agency his complete
application for partial payment for site investigation activities at the site
pursuant to 735 ILCS 5/57.8.
4.
By letter dated December
10, 2004, the Agency denied the request for
reimbursement, stating “An approved site investigation completion report
has not been submitted.
(Sections 57.7(a)(5) and 57.12(c) and (d) of the Act
and 35 Ill.Adm.Code
732.100 and 732.105).”
(The Agency’s letter is
attached as Exhibit A.)
5..
A site investigation completion report as required by the Agency cannot
be prepared until all on-site and, if appropriate as in this case, all off-site
investigation has been completed.
6.
Petitioner is
seeking review of the Agency’s December 10, 2004,
determination rejecting reimbursement for the above-referenced matter.
The Agency’s determinations are arbitrary and contrary to the specific
statutory
authorization for Petitioner to submit application for partial
payment.
(735 ILCS 5/57.8.)
7.
Supporting documentation for the requested costs was included in a Site
Investigation Status Report, dated May 21, 2004, submitted June 16, 2004,
and received by the agency on June 18, 2004.
This report included
documentation of site specific sampling methods and results, field
activities and the use of TierI remediation objectives at the site, an
interpretation of the results, and concluded that additional investigation is
necessary.
8.
The work documented in the Site Investigation Status Report was
conducted in general conformance with the Site Investigation Work Plan,
which was approved by the Agency, as per its letter dated January 2, 2004.
9.
A budget for the referenced work plan was approved by the Agency, as
per its letter dated January
2, 2004.
The costs requested in the denied
reimbursement were incurred while executing the approved work plan
and were within the approved budget.
10. As per Section 57.8 of the Act, “the owner or operator may submit a
complete application for final or partial payment to the Agency for
activities taken in response to a confirmed release”.
11. As per the determination letter dated December 10, 2004, the
Owner/Operator
Billing Certification Form for the reimbursement
package was sent to the JEPA via certified U.S. mail on January
4, 2005
(Exhibit B).
WHEREFORE, for the above and foregoing reasons, Petitioner, Richard
Karlock, respectfully requests that the Illinois Pollution Control Board grant the
following relief:
1.
Find that the Agency’s December 10, 2004 decision is arbitrary and
without statutory authority;
2.
Reverse the Agency’s decision regarding reimbursement;
3.
Remand this matter to the Agency with instructions to approve the
reimbursement;
4.
Award Petitioner reasonable consulting fees and expenses incurred in
bringing this action; and,
5.
Award such further relief as deemed just and equitable in these premises.
RICHARD KARLOCK,
Petitioner,
By:__
J
~9’W.
Tock
Dated:January
13, 2005
Jeffrey W. lock
Harrington
& lock
201 W. Springfield Ave., Suite 601
P.O.
Box 1550
Champaign, Illinois 61824-1550
Telephone: (217) 352-4167
vlb/Complain.jef/HDC/Karlock-PetitionReview
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,
IL 60601, 312-814-6026
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/782-6762
RECEIVED
DEC
1
32004
DEC
1
0
2004
HOC EN6INEERI~G
Richard Karlock
515
So. Johiison
Rankin, illinois 60960
~ Ii
A
Re:
LPC #1830705004
--
Vermilion County
Ranldn/Karlocka Richard
522
South Main St.
LUST Incident No. 20021180
LUST FISCAL FILE
Dear Mr. Karlock:
The Illinois Environmental Protection Agency has completed the review of your application for
payment from the Underground Storage lank Fund for the above-referenced LUST 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 September 14, 2004 and was received by the
Agency on September
16, 2004.
The application for payment covers theperiod from February 1,
2003 to August 18, 2004.
The amount requested is
$26,245.05.
The deductible amount for this claim is $15,000.00, which was previously deducted from the
billing submittal received by the Agency on February
25,
2003 for
$95,273.27.
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 pai~1.
On September 16, 2004, the Agency received your complete application forpayment for this
claim.
As a result ofthe Agency’s review ofthis application for payment, a voucher cannotbe
prepared for submission to the Comptroller’s office 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’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 Illinois
Pollution C6ntrol Board (Board) pursuant to Section
57.8(i)
and Section 40 ofthe Act by filing a
petition for a hearing within 35 days afterthe date ofissuance ofthe final decision.
However,
the 35-day period may be extended for a period oftime not to exceed 90 days by written notice
from the owner or operatorand the Illinois EPA within the initial 35-day appeal period.
Ifthe
ROCKFORD
—4302
North
Main Street,
Rocklord, IL 61103
—(8151 987-776(1
•
Ots
PLAINES
—9511
W.
Harrison St.,
Des Plaines, IL 60016—0347)294-4000
—
595
South State.
Elgin,
IL 60123
—
1847)
608-3131
•
PEl
)RIA
—
5415 N. University St.,
Peoria,
IL
61614—1309)
693-5463
BLRFAI
OF
LS\c)
-
PEORIA
—
7620 N. University
St..
Peoria, IL 61614— (309) 693-5462
•
CHAMPAIGN
—
2125
South
First Street,
Champaign,
IL 61820—12(7) 278-58(X)
SPRINOFIELO
—4500
S. Sixth
Street
Rd..
Springfield,
IL 62706— (217)
786-6892
•
COUINSVILLE
—2009 MaIl
Street,
Collinsville, 1162234—
(618) 346-512(1
MARIoN.
—
2309W.
Main
St.,
Suite
116,
Marion,
IL 62959—1618) 993-7200
PRINTS),
~
RR vcLEI)
PAPER
Page 2
applicant wishes to receive a 90-day extension, awritten 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 of Illinois Center
100 West Randolph, Suite 11-500
Chicago, illinois 60601
312/814-3620
For information 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 require further assistance, please contact
Nild
Weller ofmy
staff at 217/782-6762.
DEO:NW:bjh\04323.doc
Attachment
E. Oakley, Manager
LUST Claims Unit
Planning & Reporting Section
Bureau ofLand
cc:
HDC Engineering
Attachment A
Accounting Deductions
Re:
LPC #1830705004
--
Vermilion County
Rankin/Karlock, Richard
522 South Main
St.
LUST Incident No. 20021180
LUST Fiscal File
Citations iii this attachment are from and the Environmental Protection Act (Act) and
35
Illinois
Administrative
Code
(35
Ill.
Adm.
Code).
Item #
DescriptionofDeductions
1.
$26,245.05,
deduction
for
costs lacking supporting documentation.
An approved site
investigation completion report has not been submitted.
(Sections
57.7(a)(5)
and
.57.12(c)
and (d) ofthe Act and
35 Ill.
Adm. Code 732.100 and 732.105).
When the site investigation completion report has been approved, fax/send a copy of
the Agency letter approving the site investigation completion report and request are-
review.
Also, the claim was missing the Owner/Operator Billing Certification Form.
The form
that was enclosed was for budget certification.
I have enclosed a copy ofthe Billing
Certification form.
DEO:NW:bjli\04323.doc
ENGINEERING
201
W. Springfield Ave., Suite 300
P.O.
Box 140
Champaign,
Illinois 61824-0140
January 4,
2005
BUS.
(217) 3526976
Niki Weller
LUST Claims Unit
Illinois Environmental Protection Agency
1021 North Grand avenue East
POBox19276
E
i’
13
Springfield,
Illinois 62794-9276
Re:
LPC #1830705004
—
Vermilion County
Rankin/Karlock,
Richard
522 South Main Street
LUST Incident # 20021180
LUST FISCAL FILE
Dear Ms. Weller:
Per our conversation, enclosed
is the billing certification for the reimbursement package for the
referenced site.
Richard Karlock has authorized HDC to sign LUST program documents on
his
behalf;
a copy of the authorization is also enclosed.
If you have any questions,
please
call myself or Kevin
Saylor at (217) 352-6976.
Regards,
HDC ENGINEERING
Bill Walsh
Environmental Professional
r
OFFICIAL
USE
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Wnd~~
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U.S. Postal Sorvice~.
CERTIFIED
MAIL
RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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Illinois
Environmental Protection Agency
Owner/Operator and ProfessionalEngineer Billing Certification Form for
Leaking
Underground Storage Tanks Sites
I hereby certify that the attached bills are forperforming
Site Investigation
_____________
activities at
Karlock Service Station / Farnev’s Garage
LUST site for the billing
period of
March
1
.
2003
to
June
1
~,
2004.
I further certify that the costs included in
this billing are not for corrective action in excess ofthe minimum requirements of
415
ILCS
5/5
7.
I further
certify that costs ineligible for payment from theFund pursuant to 35 Illinois Administrative Code Section
732.606 are not included in this billing package.
Such ineligible costs include but are not limited to:
Costs associated with ineligible tanks.
Costs associated with siterestoration (e.g., pump islands, canopies).
Costs associated with utility replacement (e.g., sewers, electrical, telephone, etc.).
Costs incurredprior to IEMA notification.
Costs associated with planned tank pulls.
Legal defense costs.
Costs incurred prior to July 28,
1989.
Costs associated with installation ofnewUSTs or therepair ofexisting USTs.
I further certify that this billing and all attachments thereto were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel properly gathered and evaluatedthe
information submitted therein.
I affirm that the information is, to thebest ofmy knowledge and belief, true,
accurate and complete and the costs for remediating said LUST site are correct and reasonable.
Such
affirmation is made under penalty ofperjury as defined in Section
32.2 ofthe Criminal Code of 1961, Ill.
Rev. Stat.
1991,
ch. 38, par. 32.2.
Iam aware that there are significant penalties for submitting false
information, including the possibility offine and imprisonment for knowingly committing violations.
Owner/Operator:
Bill Walsh forRichard Karlock
Signature:
Title:
Environmental Professional
Date:
I.3.os—
Subscribed and sworn to before me the
3ii—~
day of
s.IO.~v~.A-4.o..A#vr
~
(Bu~et
Proposals andBudget Ajnendments must be notarized when
the
cert~flcaon is signed.)
EN MARl
NOTARY PUBLIC. S
MY COMMISSION
.
.. ...
I.
~‘
~
day of
.
20~i.
notarized
when the cert~ficatzon
is signed)
The Agency is
authorized to require this information under 415 ILCS 5/I.
required.
Failure to do so mayresult in
the
delay or denial of any budget or’
This form has been approved by the Forms Management Center.
IL
532
2273
LPC 499 Rev.
Mar-94
BB
:jk\BILLCERT.WPD
Subscribed and sworn to
(BudgetProposals and.
ENGINEERl~
‘
201
W. Springfi&d Ave., Suite 300
P.O. Box
140
Champaign,
IllInois 61824-0140
BUS. (217)
352-6976
FAX
(217) 356-0570
September
5,
2002
-
.
To Whom It May Concern:
.
HDC Engineering is an authorized representative ofKarlock Service Station’to sign
documents relating to the underground storage tank (UST) removal and site remediation
activities located at 522
South Main Street, Frinirin, IL 60960,
~~niy
• Karlock Service Station/.Farley’s Garage.
The authorization extends to actions necessary
to
~~tjsfyrequirements from the Office ofthe
flhiiiois State Fire Marshal, Illinois
Environmental Protection Agency, landfill for soil dispOSal, laboratory for soil/water
analysis, and other ageticles and/or businesses concerning the above site for the work’~
• stated.
•Res~Y~g~~
Richard Karlock
Karlock Servine Station
119 WestPatton
Paxton, IL
60957
C,
L~r
CERTIFICATE OF SERVICE
rr~~
r~
L.
~
U
I, Jeffrey W. Tock, the
undersigned, certify that I have served
ENTRY OF APPEARANCE OF JEFFREY W. TOCK and PETITION FOR
REVIEW OF LUST FUND REIMBURSEMENT DECISION upon:
Ms. Dorothy Gunn
Clerk of the Board
Illinois Pollution Control Board
100 W. Randolph Street
Suite 11-500
Chicago, IL 60601
John Kim, Esq.
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 N. Grand Avenue East
P.O.
Box 19276
Springfield, IL 62764-9276
Richard Karlock
119 W. Patton St.
Paxton, IL 60957
Kevin Saylor, P.E.
HDC Engineering
201 W. Springfield Avenue, Suite 300
Champaign, Illinois 61820
by Federal Express, sentonJanuary 13, 2005.
J
e
W.Tock
Jeffrey W. Tock
Harrington
& Tock
201
W. Springfield Ave., Suite 601
P.O.
Box 1550
Champaign, Illinois 61824-1550
Telephone: (217) 352-4167
vlb/Complain.jef/HDC/Karlock-Cert5erv
