RECEIVED
E & L TRUCKING COMPANY, )Petitioner, )
ILLINOIS ENVIRONMENTAL )PROTECTION AGENCY, )
Respondent. )
RECEIVED

PCB#

(4j~d

)

(UST

—

Appeal)

RECEIVED

CLERK’S OFFICE

OCT

112005

STATE OF ILLINOIS

Pollution Control Board

MS.

DOROTHY GUNN,

CLERK

Hearing

Officer

Illinois Pollution

Control Board

100 West Randolph,

Suite

11-500

Chicago, IL

60601

JOHN

KIM

Special

Assistant Attorney General

Illinois

Environmental Protection Agency

Division ofLegal Counsel

1021

North Grand Avenue East

Springfield, IL

62794-9276

PLEASE TAKE NOTICE that on this

II”

ofOctober, 2005,1 have filed with the Office ofthe

Clerk of the Pollution

Control

Board

TRUCKING’S PETITION

FOR

REVIEW

and

APPEARANCE, copies of which are herewith served upon you.

Submitted on behalfof:

E&LTRU

By:

1170 South Plymouth Court, Suite 2NE

Chicago, IL

60605

Phone:

(312) 341-0037

Facsimilie:

(312) 341-9394

BEFORE THE

ILLINOIS

POLLUTION

CONTROL BOARD

E & L TRUCKING COMPANY,

)

Petitioner,

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

NOTICE

TO:

Petitioner

RDS,

at Law

THIS

FILING SUBM~V~ED

RECYCLED PAPER)

RECEIVED

CLERK’S OFFICE

BEFORE THE

ILLINOIS

POLLUTION CONTROL BOARD

OLT

2O~5

STATE OF ILLINO;S

Pollution Control

Bc,;.rr

E & L TRUCKING COMPANY,

)

Petitioner,

)

PCB#

____

)

(UST

—

Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

PETITION

FOR REVIEW

NOW COMES Petitioner

E & L TRUCKING COMPANY (“E

& L Trucking”) by and through its

Attorney,

John

Burds,

and

hereby petitions

the Illinois

Pollution

Control

Board

for review

Respondent’s,

Illinois

Environmental Protection Agency’s (“Agency”), final determination dated

September

14,

2005,

denying E

L Trucking’s

application

for payment

from

the Underground

Storage Tank Fund (“USTFund”).

In support thereof, Petitioner, E & L Trucking states as follows:

On October 20, 2004, E & L Trucking submitted High

Priority Corrective Action Plan

and Budget totaling $45, 087.99, for corrective action activities..

On December 2, 2004, the Agency allegedly received E & L Trucking’s

application for

reimbursement.

By correspondence

dated December 23,

2004,

the Agency approved the High Priority

Corrective Plan and Budget.

On May

19,

2005

the Agency

allegedly received

Trucking’s

application

for

reimbursement.

By correspondence dated September

14, 2005, the Agency issued a final determination

“for

purposes of appeal

,“

indicating

that

the application

for reimbursement is

THIS

FILING SUBMI1TED ON

RECYCLED PAPER)

incomplete.

WHEREFORE, Petitioner, E & L Trucking, hereby respectfully requests that the Illinois Pollution

Control

Board

enter an

order

reversing the

final decision dated

September

14,

2005,

decision in

which the Agency determined that

E & L Trucking’s application forpayment dated May 05, 2005,

seeking reimbursement from the Underground Storage Tank Fund for LUST Incident No. 20000517

was incomplete and any other relief the Illinois Pollution Control Board deems appropriate.

Respectfully Submitted on behalfof:

E & L TRUCKiNG

COMPANY, Petitioner

By:

2347

Schiller Avenue

Wilmette, IL

60091

(847) 256-2913

rRDS,

at Law

ITHIS FILING

SUBMI1TEI)

ON RECYCLED PAPERJ

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH

GRAND

AVENUE

EAST,

P.O.

Box 19276,

SPRINGfIELD,

ILLINOIS

62794-9276

—(217)

782-3397

JAMES

THOMPSON

CENTER,

100

Wisj

RANDOLPH,

SUITE

11-300,

CHICAGO,

60601

—(312)

814-6026

ROD

BLAGOJEVICH,

GOVERNOR

DOUGLAS

SCOTT,

DIRECTOR

217/782-6762

CERTIFIED MAIL #

SEP

2005

E & L Trucking

Ann:

Tim Fay

14332

MaycliffDrive

Orland Park, IL 60462

Re:

LPC #03 10035175 --Cook County

AlsipfE & L Trucking Company

12625

I-Iamlin Court

LUST Incident No. 20000517

LUST FISCAL FILE

Dear Mr.

Fay:

The

Illinois Environmental Protection Agency has reviewed the application

for payment that was

submitted

for the above-referenced LUST incident pursuant to Section 57.8(a) ofthe Illinois

Environmental

Protection Act (Act).

This information was dated May

2005 and was received

by the Agency on May

19, 2005.

The application for payment covers the period from March 24,

2000 to January 21,

2005.

The amount requested is $45,087.99.

The Agency has determined that your application for payment is incomplete pursuant to

Attachment A.

Because your application for payment is incomplete, it is being returned with this

letter and Attachments.

In order to comply with the requirements of Title XVI, you must address

the issue(s) set forth in the Items cited

in Attachment A.

In accordance with Section 57.8(a)U) ofthe Act, the Agency has 120 days from the date of

receipt of a complete application for payment to make a payment determination.

Because your

application for payment was not complete, the

120-day clock has stopped.

Upon receipt of a

complete application for payment, the Agency will begin the

120-day time period again.

All

future correspondence must be submitted to:

ROCKPORD

—4302 North Main Street,

Rocklord,

IL 61103 —(815) 987-7760

•

DES

PLAINES

—9511

Harrison

St.,

Des

Plaines,

IL 60016— (847) 294-4000

ELGIN

—595 South

State, Elgin,

60123 —(847) 608-3131

•

PEORIA

—5415

University

St.,

Peoria, IL 61614 —(309) 693-5463

BUREAU

LAND

PEORIA

—

7620 N. University

St.,

Peoria, IL 61614— (309) 693-S462

•

CHMIPAIGN

—2125 South First Street, Champaign,

IL 61820 —(217) 278-5800

SPRINGFIELD

—4500 S. Sixth

Street

Rd.,

Springfield,

IL 62706 —(217) 786-6892

•

COI±INSVILLF

—2009 MaIl

Street,

Collinsville,

IL 62234 —(618) 346-5120

MARION

—2309 W.

Main

St.,

Suite

116,

Marion,

IL 62959

—(618) 993-7200

PRINTED

RECYCLED

PAPER

Page 2

Illinois Environmental

Protection Agency

Bureau of Land

#24

LUST Section

1021

North Grand Avenue East

Post Office Box

19276

Springfield,

Illinois 62794-9276

Please include the

Re:

block at the beginning ofthis letter on all future payment request

submittals.

To ensure timely processing of your application for payment, please provide the missing items

within 30 days of the date of this letter.

For purposes of appeal, this letter constitutes the Agency’s final decision regardin~the

above

matters.

Should you have any questions or require further assistance, do not hesitate to contact

Catherine S. Elston of my staff

217/782-6762.

Planning &

Reporting Section

•Bureau of Land

DEO:CSE:me\05 11 52.doc

Attachment

Douj~sE. Oakley,

LOST Claims Unit

cc:

Dearborn Environmental Corp

ATTACHMENT A

Re:

LPC

0310035175- Cook County

Aisip/E

& L Trucking Company

12625

Hanilin Company

LUST Incident No.

200004517

LUST TECH FILE

are unable to determine which

costs

on the invoices are being submitted

for

reimbursement.

When the claim

is resubmitted please highlight which portion of the costs

you

are seeking reimbursement.

As the claim is now we cannot determine which invoices

arc

being submitted for partial payment and which invoices are

being submitted for

payment

in full.

According to our records the following costs have been

paid:

GeoResolution Services invoice #043003

$5,843.92

GeoResolution Services invoice

#051601

-$4,631.50

R.W.

Collins invoice #10211

-$2,105.17

Total

$12,580.59

Costs

applied

to deductible

$10,000.00

Payment received

$2,580.59

The billing(s) submitted includes costs that lack supporting documentation.

A corrective

action plan billing(s) for a site classified as high priority must include,

but not be limited

to, an accounting of all costs associated with the implementation and completion of the

corrective action plan.

(Section 57.7(c)(1)(B) of the Act)

Since there

is no supporting

documentation of costs, the Agency cannot determine if the minimum requirements have

been exceeded.

Therefore,

these costs exceed the minimum requirements necessary to

comply with Title XVI.

(Section

57.5(a)

of the Act)

Dearborn

Environmental invoice #161-7-04 $400.00.

Please provide backup documentation for the reproduction

and shipping ofdocuments.

GeoResolution invoice #071701

$558.00.

Please provide backup documentation

for drafting costs of$180.00.

Please provide backup documentation

for the laboratory analysis.

The invoice states the

amount of $1,900.00

for analysis but tile

backup

invoice EMT #005592-IN has the total

—

iWi&AM’11’

amount of$1,582.00 for a difference of $318.00.

Please provide backup documentation for the misc. expenses of $60.00.

GeoResolution invoice

#081101

$1,810.00.

Please provide backup documentation for the subcontractor

costs of $800.00.

Please provide backup documentation for the laboratory analysis costs of$900:0ft

Please provide backup documentation for the misc. expenses of $110.90.

CSE:me\05 ii 53doc

)

PCB#

____

)

(UST

—

Appeal)

)

RECEIVED

CLERK’S OFFICE

OCT

112005

STATE OF ILLINOIs

Pollution Control Board

APPEARANCE

hereby

enter

APPEARANCE

this

proceeding,

behalf

TRUCKING

COMPANY, Petitioner

1170 South Plymouth Court,

Suite 2NE

Chicago,

60605

Phone:

(312) 341-0037

(312) 341-9394

Facsimile

Submitted on behalfof:

E & L TRuC:

COMPANY,

Petitioner

By:

BEFORE THE

ILLINOIS

POLLUTION CONTROL BOARD

E & L TRUCKING COMPANY,

Petitioner.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

Law

ITHI5 FILING SUBMITTED

ON RECYCLED PAPERI

CERTIFICATE OF SERVICE

I, the undersigned

attorney

law, hereby certi~’

that I have served true

and correct copies of the

attached

documents, a PETITION

FOR

REVIEW

and

APPEARANCE, upon

the

following

named persons to whom it is directed, by placing such copies thereof in properly sealed envelopes,

plainly addressed as referenced below set forth and mailing itwith sufficient postage first class mail,

on this

//~“

ofOctober, 2005.

JOHN J.

KIM

Special Assistant Attorney General

Illinois

Environmental Protection Agency

Division ofLegal Counsel

1021

North Grand Avenue East

Springfield,

62794-9276

and

upon

the following named persons by

personally delivering them to

the address as set

forth

below on the

//~“

day of October,

2005:

MS. DOROTHY

GUNN, CLERK

Illinois Pollution Control Board

100 West Randolph, Suite

11-500

Chicago, IL

60601

Submitted On Behalf of:

E &

L TRUCKING

COMPANY,

Petitioner,

1170 South Plymouth Court, Suite 2NE

Chicago, IL

60605

Phone:

(312) 341-0037

Facsimile:

(312) 341-9394

at Law

ITHIS

FILING

SUBMITTED

ON RECYCLED

PAPERj