BEFORE THE ILLINOIS POLLUTION CONTROL BOA

PETITIONER’S MOTION FOR SUMMARY JUDGMENT

NOW COMES Petitioner, Richard Karlock (hereinafter “Petitioner”), by

his attorneys, Harrington & Tock, and, pursuant to Title 35 Illinois

Administrative Code, Section 101.516, respectfully moves the Pollution Control

Board to enter summary judgment in favor of Richard Karlock and against the

Illinois Environmental Protection Agency in this matter and, in support thereof,

1. By cover letter dated September 14,2004, an Application for

Reimbursement of Site Investigation Activities was filed with the

Respondent. The site investigation activities were in response to a

confirmed release as described in the Application. That cover letter along

with the Application is attached hereto and made a part hereof as

Petitioner’s Exhibit 1. The cover letter and Application were received by

2. By letter dated December 10, 2004, Petitioner was notified by Respondent

that the Respondent had received the Petitioner’s complete Application

for Reimbursement of Site Investigation Activities, but the application was

denied. The reasons given in Attachment A to that December 10, 2004

letter were that an approved site investigation completion report had not

been submitted as required by Section 57.7(a)(5) and that the Application

for Reimbursement was missing the Owner/Operator Billing Certification

Form. The Respondent’s letter of December 10, 2004 is attached hereto

and made a part hereof as Petitioner’s Exhibit 2. (This exhibit is also

attached to Petitioner’s Petition as Exhibit “A”.)

3. By cover letter dated January 4, 2005 from Petitioner to Respondent,

Petitioner submitted to the Respondent the requested Billing Certification

Form for the Application for Reimbursement. That cover letter along with

the completed Billing Certification is attached hereto and made a part

hereof as Petitioner’s Exhibit 3. (This exhibit is also attached to the

Petitioner’s Petition as Exhibit “B”.)

4. Once the Petitioner submitted to the Respondent the requested Billing

Certification Form, the only reason left for the Respondent to not approve

the Application for Reimbursement was the lack of an approved site

5. Respondent cited Section 57.7(a)(5) of the Illinois Environmental

Protection Act (415 ILCS 57.7(a)(5)) as requiring that Petitioner submit an

approved site investigation completion report before the Agency could

approve an Application for Reimbursement of Site Investigation

Activities. Section 57.7(a)(5) states as follows: “Within thirty days after

completing the site investigation, the owner or operator shall submit to

the Agency for approval a site investigation completion report.”

6. Petitioner acknowledges that Petitioner did not submit a site investigation

completion report in support of Petitioner’s Application for

Reimbursement of Site Investigation Activities, but denies that a site

investigation completion report is required by either statute or regulation

when a request is made for partial payment pursuant to 415 ILCS 5/57.8.

(Petitioner did submit to the Respondent by cover letter dated June 16,

2004 a site investigation status report for this project that reported the

work done to date for which reimbursement was then sought by the

Application for Reimbursement of Site Investigation Activities.)

7. 415 ILCS 5/57.8 states, in part, as follows: “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.”

8. 415 ILCS 5/57.8(a)(6) states as follows: “For purposes of this Section, a

(A) a certification from a Licensed Professional Engineer as

required under this Title and acknowledged by the owner or

(B) a statement of the amounts approved in the budget and the

amounts actually sought for payment along with a certified

statement by the owner or operator that the amounts so sought

were expended in conformance with the approved budget.

(D) proof that approval of the payment requested will not result in

the limitations set forth in subsection (G) of this section being

(E) a federal taxpayer identification number and legal status

disclosure certification on a form prescribed and provided by the

Paragraph (g) of Section 57.8 pertains to cost of corrective actions

not exceeding $1,500,000.00 per occurrence. The Application for

Reimbursement of Site Investigation Activities submitted by the

Petitioner states on page D-1 that reimbursements of corrective

action costs will not exceed $1,000,000.00.

9. Respondent acknowledged in its letter of December 10, 2004 that

10. The Application for Reimbursement of Site Investigation Activities

originally submitted by the Petitioner and as amended with the

addition of the Owner/Operator And Professional Engineer Billing

Certification form that was submitted to the Respondent by cover

letter dated January 4, 2005 and as shown as Petitioner’s Exhibit 3. The

Petitioner’s Application was complete as defined by Section 57.8(a)(6).

The Petitioner’s Application contained all of the requirements for a

completed application as set forth in that section.

11. There is no statute and no regulation that has been adopted by the

Illinois Pollution Control Board that supports the Respondent’s failure

and refusal to make partial payment to the Petitioner on Petitioner’s

Application for Reimbursement of Site Investigation Activities.

12. The Respondent’s lack of authority to reject a request for partial

payment that is a complete Application in compliance with 415 ILCS

57.8(a)(6) should not be confused with the Agency’s authority under 35

Illinois Administrative Code Section 732.601(h). Pursuant to that

Section, “Applications for payment of costs associated with site

classification may not be submitted prior to approval or modification

of the Site Classification Completion Report.” The Petitioner herein is

seeking partial reimbursement for site investigation, not site

classification. There is no authority pursuant to the Illinois

Administrative Code or pursuant to any Illinois statute for the

Respondent to deny the Petitioner’s complete Application for Partial

Payment for Site Investigation pursuant to 415 ILCS 5/57.8.

13. There is no factual dispute. The only dispute is the interpretation of

415 ILCS 5/57.8. The statute clearly authorizes owners to apply for

partial payment for activities taken in response to a confirmed release.

Petitioner is entitled to payment of its Application for Reimbursement

WHEREFORE, Petitioner prays that the Pollution Control Board enter

summary judgment in Petitioner’s favor and against Respondent and order the

Respondent to make payment immediately in the requested amount of

Illinois Environmental Protection Agency

Leaking Underground Storage Tank Program

Approved Budget Summary and Billing Summary

Owner/Operator and Professional Engineer Billing Certification Form

Women and Minority Business Enterprises Form

Eligibility and Deductibility Determination

Tabulation of Invoices/Copies of Invoices and Receipts

Site Name: Karlock Service Station/Farney’s

Date this Form was Prepared: August24. 2004

BudgetAmendment (Budget Amendments must include onlythe costs

Billing Package forcosts incurred pursuant to 35 illinois Administrative

This form is being submitted forthe Site Activities indicated below (check one):

Other (indicate activities) Site Investigation Plan

This form must be submitted in duplicate.

Ifeligible for reimbursement, where should reimbursement checks be sent? Please note that only owners or operators

ofUSTs may be eligible for reimbursement. Therefore, payment can only be made to an owner or operator.

or operated by the owner or operator; any subsidiary,

parent or joint stock company of the owner or operator; and any company owned by any parent,subsidiary or

joint stock company of the owner or operator:

(Number ofUSTs includes USTs presently at the site

Incident Numbers assigned to the site due

Please list all tanks which have ever been located at the site and

This form must be submitted in duplicate.

C. APPROVED BUDGET SUMMARY AND BILLING SUMMARY

_____A budget for the bills included in this billingpackage

approved by the Agency on__________________

which were included in the Budget Amendment dated October 9. 2003

_____Neither abudget nor abudget amendment were

the Agency forthe bills included in this package.

This form must besubmitted in duplicate.

This certification must be included with everyrequestfor

the owner or operator of the LUST site forwhich this claim is being

is the amount being sought in this claim forreimbursement,

has already been reimbursed from the Fund forthis occurrence and

has been sent to the Agency forreimbursement forthis occurrence but has not yet

been reimbursed. I further certify that the number ofpetroleum USTs in Illinois presently owned or operated

by the owner or operator, any subsidiary, parent orjoint stock company ofthe owner or operator, and any

company owned by anyparent, subsidiary orjoint stock company ofthe owner or operator is:

Except for claims associated with EarlyAction, I certify that a planfor the work includedin this billing

package was approved by the Agency on October 9. 2003

certifythat abudget for the work includedin

this claim was approved by the Agency on January2. 2004

certify that the amount sought forpaymentwas

expended in conformance with the approved budgetand approvedplan.

I further certify that if the costs includedin this claim forreimbursement are approved forpayment, the

following limitations will not be exceeded:

Payment ofthis claim will not result in the owner or operator receivingreimbursement ofcorrective

action costs or indemnification costs from the Fund formore than $1,000,000 per occurrence.

Payment ofthis claim will not result in the owner or operator receiving reimbursement ofcorrective

action costs or indemnification costs from the Fund incurred during a calendar year in excess of the

fewer than 101 tanks are owned or operatedin Illinois.

$2,OQO,000, if 101 or more tanks are owned or operated in Illinois.

certification must be notarized when the certification is

This includes the costs fordrilling labor, drill rig usage, and other drilling equipment.

Borings which are to be completed as monitoring wells should-be listed -here. Costs associated with

disposal of cuttings should not be included here. An indication must be madeas to whyeach boring is

being conducted (i.e., classification, monitoringwells, migration pathways).

Total Feet bedrock to be Bored:___________________

Professional Services (e.g., P.E., geologist)

These costs must be listedin Section 1, the Personnel

Costs listed here must be costs associated with well casing,

well screens, filter pack, annularseal,surfhce seal, wellcovers, etc. Listthe items below in a time and

This includes the costs for disposing of boring cuttings and any water generated while

Describe how the water/soil will be disposed:

This form must be submitted in duplicate.

costs forclassification of soil types atthe site.

_____Ex-situ HydraulicConductivity/Permeability samples

_____Rock Hydraulic Conductivity/Permeability samples

_____Natural Organic Carbon Fraction (fcc) samples

Indicate the ASTM or SW-846 method to be performed:

All personnel costs that are not includedelsewhere in the budget/billing form must be listedhere. Costs must

be listed per task, not personnel type. The following are some examples oftasks: Drafting, data collection,

(i.e., site classification work plan, 45 day report, or high

priority corrective action budget), sampling, field oversite for__________ (i.e., drilling/well installation,

corrective action, or early action), ofmaintenance of~

Task to be performed forthe above hours: project supervision and review

Task to be performed forthe above hours: Project management and oversight, planning. schednling.& review

Task to be performed forthe above hours: workplan design, health and safety plan. soil borina logs, soil and

groundwater sampling, site survey, hydraulic conductivity testing. data analysis and reporting

Task to be performed forthe above hours: drillinaand soil/groundwater sampling

to be performed forthe above hours: site plans. groundwater flow maps, site cross-sections

This form must be submitted in duplicate.

Task to be performedfor the above hours: site plans, groundwater flow maps, site cross-sections

All equipment used must be listedbelowin atime and materials-format.

Data logger and pressure transducer (hydr. cond.)*

This form must be submitted in duplicate.

All field purchases must be listedbelow in atime and materials

format. Handling charges must not be added

J, Handling Charges to calculate the handling charges.

Sampling Supplies (bailers, water, baggies, ice, etc.)

A listing and description ofall other costs which will be/were incurred and are not specifically

listedon this form should be attached. The listing should include a cost breakdownin a time and materials

This form must be submitted in duplicate.

Handling charges are eligible for paymenton subcontractor billings and/or field purchases only ifthey are

equal to or less thanthe amounts determined by the following table:

This form must be submitted in duplicate.

*Use chart at top of Page M-l to calculate the allowable handling charge.

Copies of invoices forsubcontractor costs and receiRts for field purchases are required forbilling submissions.

This form must be submitted in duplicate.

HDC Engineering is an authorized representative ofKarlock Service Station to sign

documents relating to the underground storagetank (lIST) removal and site remediation

activities located at 522 South Main Street, Rankin, IL 60960, commonly known as

Karlock Service Station/Farley’s Garage. The authorization extends to actions neceasary

to satisfy requirements from the Office ofthe Illinois State FireMarshal, Illinois

Environmental Protection Agency, landfill for soil disposal, laboratory for soillwater

analysis, and other ageiicfes and/or businesses concerning the above site for the work

Owner/Operator and Professional Engineer Budget Certification Form

ifan owner or operator intends to seek payment from the UST Fund, an

owner or operator must submit to the Agency, for the Agency’s approval or modification, abudgetwhich

all costs associated with the implementation ofthe investigative,monitoring

intend to seek payment from the USTFund for performing Site Investigation

certify that the costs set forth in this budget are necessary activities and are reasonable and accurate to the

best of my knowledge and belief. I also certify that the costs included in this budgetare not for corrective

action in excess ofthe minimum requirements of415 ILCS

which are not described in the corrective action plan. I further certify that costs ineligible forpayment from

the Fund pursuant to 35 illinois Administrative Code Section 732.606 are not included in the budget

proposal or amendment. Such ineligible costs include but are not limited to:

Costs associated with site restoration (e.g., pump islands, canopies).

Costs associated with utilityreplacement (e.g., sewers, electrical, telephone, etc.).

Costs associated with installation ofnew USTs or the repair

(Budget Proposals andBudgetAmendments must be notarized

Subscribed and sworn to before me the \‘4’~”~ day of~

The Agency is authorized to require thisinformation under 415 ILCS

required. Failure to do so may result inthe delay or denial

This form has been approved by the Forms Management Center.

This form must be completed in full by all owners/operators or their authorized representatives, that have a

claim for paymentfrom the State ofillinois LeakingUnderground Storage Tank (LUST) program, forthe

labor, materials, overhead andprofit costs related to the study and/or remediatiol~f:aLSUSTsite.

Name and addressof the LUST site: Karlock Service Station/Famey’s Garage

Name of insurance company providing coverage forthis LUST site: None

Have you or your firm ified aclaim against your insurance company for this LUST site? Yes(~)

If yes, how much is the claim for? $______________________________________________

againstyour insurance company for this LUST

If yes, how much and when? $___________________________________________

$______________________________________________

This Agency is authorized to requestthis information under the Illinois

Environmental Protection Act, 415 ILCS 5/1 etseq. (Formerly Ill. Rev. Stat. Ch 111-1/2,

this information is required. Failure to properly complete this

form in its entirety mayresult in the delayor denial of any paymentrequested hereunder.

This form has been approvedby the Forms Management Center.

a duly authorized representative ofthe Karlock Service Station/Famey’s Garage.

herebycertify that the Karlock Service Station

part ofthe costs relatedto claim forpayment of Karlock Service Station

study and/or remediation costs forwork performed at Karlock Service Station

at Northwest corner ofRoutes 9 & 49. Rankin. Illinois 60960

certifythat as ofthis date, the above information is accurate and complete. Furthermore, I also agree to

reimbursement the Illinois EPA for any overpayment made by my private insurance companyin excess of

Private Insurance Affidavitmust be notarized

required. Failure to do so may result in the delay or

LEGAL STATUS DISCLOSURE CERTIFICATION REQUIREMENTS

In order to comply with requirements mandated by Internal Revenue Service Rules and Regulations, the

tank owner/operator must complete the section entitled TAXPAYER IDENTIFICATION NUMBERAND

LEGAL STATUS DISCLOSURE CERTIFICATION below.

Enter your taxpayer identification number (TIN)

proprietors, this is your social securitynumber. For other entities, it is your employer identification

number. Federal Employer Identification Numbers(FEINs) must not be used for sole proprietorships.

Ifyou do not have a TIN, apply forone immediately. To apply, get Form SS-5, Application for a

Social SecurityNumber Card (for individuals) from your local office ofthe Social Security

administration, orForm SS-4, Applicationfor Employer Identification Number (for businesses and all

other entities), from yourlocal Internal Revenue Service office.

To complete the certification ifyou do not have a uN, fill out the certification including that a TIN

has been applied for, sign anddate the form, and return it to this Agency. As soon as you receive

your I’JN, fill out anothersuch form including your TiN, sign and date the form, and send it to this

Ifyou fail to furnishyour correct uN to this Agency, you are subjectto an IRS penalty of$50.00 for

each such failure unless your failure is due to reasonable cause andnot to willful neglect.

WILLFULLY FALSIFYING CERTIFICATIONS OR AFFIRMA11ONS MAY SUBJECT YOUTO

CRIMINAL PENALTIES INCLUDING FINES AND/ORIMPRISONMENT.

Please return the completed form to the Bureau ofLand, Remedial Projects, Accounting & Procurement

Unit, Post Office Box 19276, Springfield, Illinois 62794-9276.

TAXPAYER IDENTIFICATION NUMBER ANDLEGAL STATUS DISCLOSURE CERTIFICATION.

Under penalties ofperjury, I certify that the FEIN or Social SecurityNumber indicated below is my correct

Federal Taxpayer Identification Number. Iam doing business as a (please check one):

___Tax Exempt Organization ____Medical & Health Care

This Agency is authorized to request this information under the Illinois

Stat. Ch 111-1/2, 1001 et seq.). Disclosure ofthis information is

requireLFailure to properly complete this form in its entirety may result

in the delayor denial ofany payment requestedhereunder. This form has

been approved by the Forms Management Center.

term WBE in the space provided, Ifthe firm is aMBE,

space is not sufficient to include all Subcontractors usedon this

request this information under the Illinois

its entirety mayresult inthe delay or denial

Consultants/Contractors and Subcontractors used

RECEIPT REQUESTED# 7001 2510 0002 3288 0443

The Reimbursement Eligibility and Deductible Applicatio~ireceived

It has been determined that you.are e~igib1eto seek payoient

be in response to the occurrence referenced

flhinois Environmental Protection Agency to receive a packet

operator is eligible to access the Underground Storage Tank Fund

the operatoris the UnitedStates Government,

The costs were incurred asa result ofa confirmed release ofany

1035 Stevenson Drive • Springfield, Illinois 62703-4259. (217) 785-0969

Used oil, which has been refined from crude oil used in a motor vehicle, asdefined in

The owner oroperator registered the tank and paid all fees in accordance with the statutory and

regulatory requirements ofthe Gasoline Storage Act.

Emergency Management Agency ofa confirmed

and the costs were a re~ultof a release ofa

substance listed in this Section. Costs ofcorrective action or indemnification incurred before

owner oroperator under a private insurance policy,

The costs were associated with “correctiveiction”.

ThIs constitutes the filial decision as it relates to your eligibilityand deductibility. We reserve the right to

changethe deductibledeterniination.shouid additional information that would change the determination

become available. An underground storage tank owner or operatormayappeal thedecision to the Illinois

Pollution Control Board (Board), pursuant to Section

appeal the decision shall file apetition fora hearingbefore the Board within 35 days ofthe date ofmailing

Illinois Administrative Code 105.102(a) (2)).

For information.regardingthe filing ofan appeal, pleasecontact:

you have any questions regarding the eligibility or deductibility determinations, please contact our Office

- Karlock Service Station/Farney’s Garage

PrOfessional services from February 1, 2003. thrOugh March 31, 2003

Professional services from May 1, 203 through May 31, 2003

SIWP & B preparation, property. access, mapping~reporting

Professional services from June 1, 2003 through July 31, 2003.

Professional services fromAugust 1, 2003 through October31,2003

Professional services from November 1, 2003 through December 31, 2003

Professional services from January 1, 2004 through January 31, 2004

Professionalservices.from February 1, 2004 through February

Professional services from MARCH 1, 2004 through MARCH 31, 2004

Professional Services from April 1, 2004 through April 30, 2004

Professional services from May 1, 2004 through May 31, 2004

03/24/2004 103/23/2004 103/30/2004 J03/2412004 103/29/2004 J

R08505 MPT/mInITROLL-50’ FEP wlo Reel

03/24/2004 j03/2312004 103/30/2004 j03124/2004 103/29/2004

the merehandisa you are purchasingto ensure

are receivedas Lowe’scannot be responsible for shortages after

delivery and your receipt the date set forth below ofall items

notedas being for laterdeliveiy (e~g.,LD’~Lowe’sDelivezy

not mean that such merchandise was notdelivered. All claims and return methandise

ofdelivery forcredit orrefiincL This document may also evidence a return ofmerchandise described below If’Return’ is primted with refer

acknowledgment ofthe accuracyofthe terms and conditions ofthe aebirm SEE BELOW

ANDCONDITIONS FOR CERTAIN PURCHASES AND (2 WARRANTYlNFORl~tkTION~ANDAGREEMENTS.

WITH APPLICABLE PROVISIONS-Li&TI-BELOW.

PAYMENTTERMSAND CONDITIONS:Thefollowina teemsand conditionsapply tofl Business

perdmad-v4thetlim’tingcrnusadozthecomplotelrnss arxIconditio~tofsuthBusincanGiargeAccount) ml

purchasea aul paid for In Mist time ofpwchuae. and ~J

p,nvliaso Involving. purchaseosder or other document funlees theteems andconditions ofiochhave been exprmsly approved inwriting by Lowe’s. Any open-er

credit car4j~ndav.llthIeSwear through Lowe’s(includingtawe’s RevolvIng OAgreeinnstandLowe’s Buabioaaft vlvlngCteditAeountAgraoanenal Is net zubjeetlo-thmo payment anna inScoirdltiooa, but ii subjeott

pavineetterms andesuditionsofsuchaccount. Lowe’s regularbilling dateIi the255~ofoath month,with the balance theand payablenot bythe lOthofth.fciEowlng month, Ifyear Huslne~Chargeaccountbalanceerpwchaseis

respectively,onlytheNEF AMOUNTofthebilling ststmnentar ptuchase. roapectively.will bepeyabk Ifnotpaid by the 10th.

to PaY for the purch~eIs nst due andin default, sodA LATE CHARGE ORSERVICE CHARGEMAY BE MADE INTHE AMOUNTOP I 112 PER MONTH OR 8 ANNUAlLY, CALCULA1THON IE2PIHDAY OFR

MONTH ON ~HE BAL~4CEAS OPTHE 25THDATE OF THE PREVIOUS MONTH

lesspayment ad credits to said balance UNTILPAYMENT IN FULL IS W.DEDIFFERENT SERVICE CHARGE IS APPUCABLI

PURCHASES IN THE FOLLOWING STATES: AR AND TIC-.833

monthly, 10 annually; MD- 1 monthly, 12 annoailyPA. 1.25 monthly 15 amrueIly,~MS-.4.15 mcothly,.2l i~nnaUy;fl..IJ

LIMITEDWARRANtY1hlacoo~umerpro&sctwairansyIsapplicabletoproducts us

rpomooal,tamliy-erlrausthol&ptsposoa. lila no applicable tocosamecolaiansacticos ortxoductapurcbaned ftcp,apoomofresale.

Lowe’s willingairor replace dthctiye produc

wheaunecessasy, for nlncty(90 days frompurchee. ALLEXPRESS AND IMPLIED WARRANTIES INCLUDINGEXPRESS WARRANTIES

PURPOSE AND IMPLIED WARRANTY OP MERCHANTAflIUIY ARE ttharrED FORTEE SAME 90 DAY PERIOD. Snareaisles donut allowlimitation on how long

Impliedwarranty lass aoauth limItatIon may not ~

afthepsoduct. INCIDENTAL ORCONSEQUENTIAL DAMAGES FOR LOST PROFITS, SALES, A6OR.~ThER YTOIERSOHOR-PROPER1Y OROThER D(CIDEN

OR CONSEQIJENrLAI. DAMAGESARE EXCLUDED FROr~(mEWARRAN!Y. Sonic stares do oatallowenclimlonorlimitation ofincidnitsl or consequential damagm an auth ezchseion maynotapply.

wstat~Inevent ofdeftetorfu~imhermfannation regarding warranty perfiinissnee, please cordactyoar lomiLowe’s Store

WARRANTY FORCOMMERCIAl. PURPOSES: This constitutesthe agreement between Prurbaaa~uanwden the facehereofand Lowe’s also referitdto

Seller). Thefollowisg provinces applyrrotwithatanduig-Piurhase’a not si~

I. Purchaseragree, that it’s soleand esdualve rmned,against Seller shall befar repairorrwlace,nenc ofsay defectivemerchandise asprovidedherein. Purchawagrees thatso odnerrernedy, indudingbutsot limitedto Incident.

conse,leolial dumages for lost profit,, sale,, Iabo,~h~u,ytopermooorproperty orany other M~t...t.I orconsequential loan, shall ho available to Purchaser. Th~warrantyshall be IN LIEUOF any otherwanesty. uaprsssodoriinpl

includingbut notlimitedtoANY IMPLIED WARRANT?OPMERCHANTABILITYOR FITNESS FOR PARTICULARPURPOSE.

2. In event ofdispute, ifPtaclraaer either iropoalyand lawfully rejectsmerchandise which dossnotconform toagrcmnmrtorp,upatyand lawfullyrevoke,acceptanceofsuchniechiodise. Sellershall haveareasonablotlute

after notification jPsrcbsserofa~’puUemsordefotwmsubatltsseccelbamiogmcsclisndlsediher byieplacenest ofsuchnon-coofonnhng merchandisewith

merchandise, Merchandise to be returned mustbeaccompaniedby the original Invoiceor proofofpurchueby theoriginal Purchaser fur rn8.md erraplacernart. ThisahaB includetherepeirorrq,lacemantofany necessary essential pain.

the event noo.con(oeuingnreecltaadisecannot bemade conforming orconfonningmerthau8secsimotbofinnithçd In substitutionthereof, thenen.coofonninginercbadlsemay bereturnedby thePurchaser toSefler*poha ofialebyS

SELLERINThIS EvENT1SLIMITED TO ACC FANCEOERThRNEI)N~CONPORM1NGMERC

3. Evenwhet Purchaserhss theright to return no~.confotmingmetchasdise. this right is contingent upon noticeto Seller,atImetton

101 days priorto date ofproposed retimi. This to

alongwith adeectiption ofwhat merchandiseIi infactto beretrssned. his eeprosoly agreed that Sellermay decline to permitreturnofnon’confonnfng merchsndlsc-onddlnntcther-disposidcn ofthementhaadlse by Purchaser atSeflc

liability fornce-ccnfonningmerchandlro shall belimitedeitherto conformingor replacing defectivetwnocr’cenfozmingmachandise withconfonnlngmerchsothseSalSdflwhSdocdcn. Sefles’s obligationtoccst(onn orrepla

uron’coitibnning merchandiseshall terminate ninety901 days afterpwchas&s receipt ofthemerchandise,

yeod~endeandecdndvermqmPesavallsltlotoFurvbaser~Thissupiwicct P,achaaerwith rcapecttojhemacliandjsella$edoe theftcehereofgednot to potøttot’indannifj~P~vhaserMair

crlnteetiaflanishtothlrdpasàedbyPurchaseris thbcouthactandcois,eofPerthases’sbusinms.

6. Any action byPurchaaer inatitnstedagaing Saber

lweadsofthis agreement nisat be co,nmeicedwithin oney~Seen theaccurual ofcauseofactjoe. Theterms and conditionsofthis agreement shall begovarani by

This WARRANFYFOR COMMERCIAl. pejuj~. containsthe totality ofthe agreement between thepartiri anduslntcndedasthellnal erorosalon ofthe asra mest-withSruneattoaattma reaulatedtherdsy. THISAGREEMBI

TOINDEMNIFY LOWE’S OFANDFROM ANY AND ALL DAMAGE WHICHMAYOCCUR. WHETHER A RESULT

sdoennotengpInthepramIceofesgInoaiug~erclnitectsaeorgeneralcontracting. L’sdoss nocarsumeany-rmpocslbilitykr-dnslgu,en tee ingor~coosuuctloec

REMOVAL ofUnderground StoraaeTank(sl and Pipina

hereby granted. Suchremoval shall not commence until the contractor the pe~

the Office oftheState Fire Marshal, DivisIonofPetreleumand ChemicalSafety, by telephone atthe Springfield office between

whichtime amutually agreed upon’dat~and time for the UST activity shall be scheduled. THIS PERMIT IS VALID FOR SIX MONTHS

(TK#1,2,5)-GasolineO(TK#3)-HeatingOil,(K#4)-Used

(d) Iftank(s) Isleaking, indicate IEMA incI~Ient

(4) Owner must notify this Office whencompletion oftank removalfl~ass~ccurred,onthe Notification

Please noteaNotification fornihas beenforwarded to

completed). Alterremovallscompleted, the owner/operator shall pe4orm

contatmtn~1IonIsmostilkety to bepresent at the tIST site. This Is In ac ordance with

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

has completed the review of your application for

Fund for the above-referenced LUST incident

ofthe Illinois Environmental Protection Act (Act), and 35111. Adm.

Subpart F. This information is dated September 14, 2004 and

Agency on September 16, 2004, The application for payment covers the period from February 1,

The deductible amount for this claim is $15,000.00, which was previously deducted from the

billing submittal received by the Agency on February

are not being paid. Listed in Attachment A are the costs that are not being

On September 16, 2004, the Agency received your complete application for payment for this

claim. As a result ofthe Agency’s review ofthis application for payment, a voucher cannot be

prepared for submission to the Comptroller’s office for payment. Subsequent applications for

payment that have been/are submitted will be

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.

storage tank owner or operator may appeal this final decision to the Illinois

Pollution C6ntrol Board (Board) pursuant to Section

the date of issuance of the final decision, However,

the 35-day period may be extended for a

and the Illinois EPA within the initial 35-day appeal period. Ifthe

9511 W. Harrison St., Des Plaines, IL 60016— (847) 294-4000

595SouthStale,-EIgio,IL 6)23.-~-I847)608-3131

PEoRIA-— 5415 N. Universily SE,. Peoria, IL

7620 N. University St., Peoria, IL 61614— (309) 693-5462

2125 South First Street, Champaign, IL 61820— (217) 278-5800

SPRINI;FIELD —4500 5. Sixth Street Rd., Springfield,

COLLINSVILLE —2009 MaIl Street, CoIIinsviIIe, IL 62234

2309 W. Main St., Suite 116, Marion, IL 62959 —(618) 993-7200

applicant wishes to receive a 90-day extension,

awritten requestthat includes a statement ofthe

For information regarding the filing of an extension, please contact:

Illinois Environmental Protection Agency

If you have any questions or require further assistance, please contact Niki Weller ofmy

from and the Environmental Protection Act (Act)

deduction for costs lacking supporting documentation. An approved site

investigation completion report has notbeen submitted. (Sections

and (d) ofthe Actand 35 Ill. Adm. Code 732.100 and

When the site investigation completion report has

the Agency letter approving the site investigation completion report and request a re-

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

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.

(Domestic Mail Only; No Insurance Coverage Provided)

Illinois Environmental Protection Agency

Owner/Operator and Professional Engineer Billing Certification Form for

Leaking Underground Storage Tanks Sites

I hereby certify thatthe attached bills

activities at Karlock Service Station /

this billing are not for corrective action in excess of the minimum requirementsof-4 15 ILCS

732.606 are not included in this billing package. Such ineligible costs include but are not

Costs associated with site restoration (e.g., pump islands, canopies).

Costs associated with utilityreplacement (e.g., sewers, electrical, telephone, etc.).

Costs incurred prior to IEMA notification.

Costs associated with installation of new USTs or the repair of existing USTs.

thereto were prepared under my direction or supervision

in accordance with a system designedto assurethat qualified personnel properly gathered and evaluated the

information submitted therein. I affirm that the information is, to the best of my knowledge

accurate and complete and the costs for remediating said LUST site are correct and reasonable. Such

affirmation is made under penalty of perjury as defined in Section 32.2 ofthe Criminal Code of 1961, Ill.

1991, oh. 38, par. 32.2. I am aware that there are significantpenalties for submitting false

information, including the possibility of fine

imprisonment for knowingly committing violations.

Owner/Operator: Bill Walsh for Richard Karlock

Budget Ajnendments must be notarized when the cert~ficaon is signed)

The Agency is authorized to require this information under

required. Failure to do so may result in the delay or denial of

been approved by the Forms Management Center.

Champaign,BUS.illInois(217)618240140352-6976

iS an authorized representative of Karlock Service Stationto sign

documents relating to the underground storage tank

Main Street, Rankin, IL 60960, commonly known as

Karlock Service Station/Parley’s Garage. The authorization

to satisfy requireiflellts from the Office ofthe Illinois State Fire Marshal, Illinois

Environmental Protection Agency, landfill for soil disposal, laboratory for soil/water.

and other agencies and/or businesses concerning the above site for the work