PLEASE TAKE NOTICE that on October 23, 2006,1 have filed with the office of the Clerk of
the Pollution Control Board a PETITION TO REVIEW ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY DECISION, copies of which are herewith served upon you
.
Respectfully submitted,
VILLAGE OF WIL ETTE,
Respondent
Mary Beth Cyze
Dated : October 23, 2006
Assistant Corporation Counsel
Village of Wilmette
1200 Wilmette Avenue
Wilmette, IL 60091
847/853-7505
RECEIVED
CLERK'S OFFICE
BEFORE
OF
THE
THE
POLLUTION
STATE OF
ILLINOISCONTROL
BOARD
~~T 2
2~~b
VILLAGE OF WILMETTE,
)
Petitioner,
PCB No .
Pollution
STATE OF
Control
ILLINOIS
Board
v.
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
NOTICE OF FILING
Dorothy M . Gunn, Clerk
William D
. Ingersoll, Manager
Illinois Pollution Control Board
Division of Legal Counsel
Illinois Environmental Protection Agency
James R. Thompson Center
1021 North Grand Avenue
. East .lames R. Thompson Center
100 West Randolph Street
P .O
. Box 19276
100 West Randolph Street
Suite 11-500
Springfield, Illinois 62794-9276
Suite 11-300
Chicago, IL 60601
217-782-5544
Chicago, IL 60601
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue,
P.O
. Box 19276
Springfield, Illinois 62794-9276
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O
. Box 19276
Springfield, IL 62794-9276
It is hereby certified that a true copy of the foregoing Petition for Review of Illinois
Environmental Protection Agency Decision was hand delivered to the following on
October 23, 2006 .
Dorothy Gunn
Clerk of the Board
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
Mary Beth Cyze
Assistant Corporation Counsel
Village of Wilmette
1200 Wilmette Avenue
Wilmette, Illinois 60091
(847) 853-7505
CERTIFICATE OF SERVICE
It is hereby certified that a true copy of the foregoing Petition for Review of Illinois
Environmental Protection Agency Decision was mailed, first class, to the following on
October 23, 2006 :
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P .O. Box 19274
Springfield, IL 62794-9274
(This filing submitted on recycled paper as defined in 35 111 . Adm . Code 101 .103(d).)
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
VILLAGE OF WILMETIF
.
)
Petitioner
.
)
v.
)
ILLINOIS ENVIRONMI NTAI .
)
PROTECTION AGENCY .
)
Respondent .
)
PCB No . ()1
.al
PETITION FOR REVIEW OF
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY DECISION
The Village of Wilmette ("Village"), a municipal corporation, by and through its
attorney and pursuant to the Illinois Environmental Protection Act and the Illinois
Administrative Code, hereby appeals a certain decision of the Illinois Environmental Protection
Agency (IEPA) as set forth below :
I
.
The Village, as owner of a former underground leaking storage tank, performed and
completed all investigative and/or remedial activities required by IEPA at the
Village's site located at 710 Ridge Road . Wilmette, Illinois 60091
. The Site was
referred to as IEPA #0313305091 and LUST Incident #982714
.
2.
The Village was issued a No Further Remediation (NPR) letter for the site, and
thereafter, filed its final reimbursement request with IEPA
. (Exhibit A).
This Petition involves a final budget request that was
less than
the IEPA approved
budget amount and arises from the IEPA's final decision denying the Village's
request to amend the budget so as to modify the amounts within certain subcategories
RECEIVED
OCT 2 3 2006
Pollution
STATE OF
Control
ILLINOIS
Board
of the overall budget . (Exhibit B)
. The IEPA's decision, by letter dated September
14, 2006, states that its decision was final and appealable
.
4 .
The Village requested that IEPA join in an appropriate request to the Illinois
Pollution Control Board for a 90-clay extension of the 35-day appeal period . (Exhibit
C). By letter dated October 19 . 2006, EPA denied the Village's request . (Exhibit D).
5 .
The Village is appealing the IEPA's decision of September 14, 2006, and also
requests that, given the public policy issues raised by this appeal, that IEPA be
deemed to have joined in this appeal notwithstanding IEPA's refusal to join in this
appeal . This Petition for Review is timely filed
.
WHEREFORE
. the Village respectfully requests that the Board : 1) enter an order
directing the IEPA to approve the Billing Package and Budget Amendment #3, as set forth in
Exhibit A hereto
: 2) deem the IEPA to have joined in this appeal ; and, 3) approve the
Village's attorney's fees and costs in bringing this appeal .
Respectfully submitted,
VILLAGE OF WILMF
Mary Beth Cyze
Assistant Corporation Counsel
Village of W ilmette
1200 Wilmette Avenue
Wilmette, IL, 60091
847/853-7505
Respondent
Dated
: October 23, 2006
I
engineering
MACTEC
and constructing a better tomorrow
August 4, 2006
Ms. Valerie Davis
Illinois Environmental Protection Agency
LUST Claims Unit, Planning & Reporting Section
Bureau of Land
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
RE: LPC #0313305091 -
Cook County
Wilmette/Wilmette, Village of
710 Ridge Road (Police Station)
LUST Incident No
. 982714
LUST Technical File
MACTEC Project No
. 3205050405 .03
Dear Ms . Davis:
Enclosed please find an original and one (1) copy of two (2) different sets of Illinois Environmental
Protection Agency (IEPA) Budget and Billing Form for Leaking Underground Storage Tank Sites for the
above referenced LUST incident
. One set of forms represents Budget Amendment No
. 3 and the other
set represents a Billing Package for the final reimbursement request for the implementation of the
Corrective Action at the site
. MACTEC Engineering and Consulting, Inc
. (MACTEC) is submitting these
forms on behalf of the Village of Wilmette (Wilmette)
. The budget amendment is being submitted along
with the final reimbursement request in an effort to simplify and expedite the review and approval
process.
The total approved budget is currently $607,703
.08 which was approved by IEPA via the letter dated July
11, 2002
. The budget amendment is requesting an increase of $12,109.25
in the "Personnel Costs"
category and an increase of $2,728
.31 in the "Handling Charges" category of the previous budget plan
.
Therefore, Wilmette is requesting that IEPA approve a total budget increase of $14,837.56
. The billing
package is requesting reimbursement of $132,632
.58.
As part of this currently approved budget, to date IEPA has reimbursed Wilmette $426,950.91
. (Note, an
additional $3,597
.89 was reimbursed, for a total to date reimbursed amount of $430,548
.80, but this
additional amount was not covered by the currently approved budget
.) Therefore, of the total approved
budget of $607,703
.08, the total reimbursement amount (including the current request) is $559,583
.49,
which is $48,119 .59 less than the currently approved budget
.
MACTEC Engineering and Consulting, Inc .
5440 N
. Cumberland Avenue, Suite 250 • Chicago, IL 60656
• Phone : 773 .693 .6030 • Fax
: 773
.693
.6039
www.mactec
.com
c
Ms. Valerie Davis
Illinois Environmental Protection Agency
August 4, 2006
Page 2
The attached spreadsheet shows a summary of the categorical breakdown of the budget and
reimbursement amounts .
Please feel free to contact either of us if you have any questions or require any additional information
.
Sincerely,
MACTEC Engineering and Consulting, Inc
.
Dennis E. Nagg
Mary E.",
P.G.
Principal Scientist
Principal Geologist
Enclosure
cc:
Brigitte Mayerhofer, Wilmette
Paul Hahn, Wilmette
Mary Beth Cyze, Wilmette
P
:\Env\3205050405\WORK\Reimbursement Files\Budget_Reimbursement Cover Letter
.doc
TOTAL IEPA BUDGET AND REIMBURSEMENT AMOUNTS
VILLAGE OF WILMETTE
POLICE STATION/HOWARD PARK LUST SITE
IEMA NO. 982714
ATEGORY
CURRENTLY
APPROVED
BUDGET
BUDGET
AMENDMENT
NO.3
TOTAL
REQUESTED
BUDGET
PREVIOUSLY
REIMBURSED
CURRENT
REIMBURSEMENT
REQUEST
TOTAL PREVIOUS &
CURRENT
REIMBURSEMENT
DIFFERENCE
(BUDGET MINUS
REIMBURSED)
Investigation Costs
$5,493 .00
$0 .00
$5,493 .00
$4,944 .88
$279 .12
$5,224 .00
$269
.00
Analysis Costs
$17,988 .00
$0 .00
$17,988 .00
$2,571 .00
$8,259.00
$10,830 .00
$7,158 .00
Personnel Costs
$147,903 .50
$12,109 .25
$160,012 .75
$97,647 .50
$62,364.50
$160,012 .00
$0
.75
Equipment Costs
$5,627
.00
$0.00
$5,627 .00
$0
.00
$4,311 .04
$4,311 .04
$1,315
.96
Field Purchases and Other Costs
$416,389.79
$0.00
$416,389.79
$309,867 .21
$52,309 .14
$362,176
.35
$54,213
.44
Handling Charges
$14,301 .79
$2,728.31
$17,030 .10
$11,920 .32
$5,109 .78
$17,030.10
$0
.00
TOTAL $607,703.08
$14,837.56
$622,540.64
$426,950 .91
$132,632 .58
$559,583
.49
$62,957.15
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
Roo R
. BLAGOJEVICH, GOVERNOR
DOUGLAS
P . SCOTT, DIRECTOR
217/782-6762
CERTIFIED MAIL
7004 2510 0001 8587 3995
SEP 1 4 2006
Village of Wilmette
Attn: Paul Hahn
1200 Wilmette Road
Wilmette, Illinois 60091
Re :
LPC #0313305091
-- Cook County
Wilmette/Village of Wilmette
710 Ridge Road (Police Station)
Leaking UST Incident No
. 982714
Leaking UST Technical File
Dear Mr. Hahn :
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority
Corrective Action Plan Budget (budget) submitted for the above-referenced incident
. This
budget, dated August 4, 2006, was received by the Illinois EPA on August 7, 2006
. Citations in
this letter are from the Environmental Protection Act (Act) in effect prior to June 24, 2002, and
35 Illinois Administrative Code (35 Ill
. Adm . Code) .
The budget is rejected for the reason listed below (Section 57
.7(c) of the Act and 35 111
. Adm .
Code 732.405(c) and 732 .503(b)).
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
The budget was submitted after the issuance of a No Further Remediation Letter
.
Pursuant to Section 57
.6(a) of the Act and 35 Ill . Adm
. Code 732
.405(d)), any corrective
action plan or budget must be submitted to the Illinois EPA for review and approval,
rejection, or modification in accordance with the procedures contained in Subpart E of 35
Ill. Adm
. Code 732 prior to the issuance of a No Further Remediation Letter
.
All future correspondence must be submitted to
:
Illinois Environmental Protection Agency
Bureau of Land - #24
Leaking Underground Storage Tank Section
1021 North Grand Avenue East
Post Office Box 19276
~~
h
i~ 8
Springfield, IL 62794-9276
ROCRFORD-4302 North Main Street, Rockford, IL 61103-18151987
.7760 • DES PLANES-9511 W
. Harrison St ., Des Plaines, IL 60016-(847) 294-4000
ELGIN-595 South State, Elgin, IL 60123 - 18471 608-3131
PEORIA -
5415 N . University St ., Peoria, IL 61614 -(309) 693-5463
BURIAL
of LAND - PEORIA-7620 N . University St
., Peoria, IL 61614 -(309) 693-5462
CHAMPAIGN- 2125 South First Street, Champaign, IL 61820-(217) 278-5800
SPRINGFIELD-4500 S
. Sixth Street Rd .,
Springfield, IL 62706-(217) 786-6892
•
COLLINSVILLE-2009 Mall Street, Collinsville, IL 62234
- (618) 346-5120
MARION - 2309 W
. Main St., Suite 116, Marion, IL 62959
- (618) 993-7200
Page 2
Please submit all correspondence in duplicate and include the Re
: block shown at the beginning
of this letter .
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 need further assistance, please contact Valerie Davis at 217-785-
7492.
Sincerely,
oZtJ'
. o,
Clifford L. Wheeler
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
CLW:VAD\
Attachment : Appeal Rights
c:
Mactec
BOL File
Appeal Rights
An underground storage tank owner or operator may appeal this final 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 Illinois EPA within the initial 35-day appeal period . If the owner or
operator wishes to receive a 90-day extension, a written request that includes a statement of the
date the final decision was received, along with a copy of this decision, must be sent to the
Illinois EPA as soon as possible .
For information 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, IL 60601
312/814-3620
For information regarding the filing of an extension, please contact :
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
217/782-5544
~MACTEC
engineering and constructing a better tomorrow
October 12, 2006
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
PO Box 19276
Springfield, Illinois 62794-9276
RE: LPC 170313305091 -
Cook County
Wilmette/Wilmette, Village of
710 Ridge Road (Police Station)
LUST Incident No
. 982714
MACTEC Project No . 3205050405 .03
To Whom It May Concern :
Pursuant to Sections 40 and 57
.7(c)(4) of the Illinois Environmental Protection Act (Act) and on
behalf of the Village of Wilmette, MACTEC Engineering and Consulting, Inc. (MACTEC) hereby
requests a 90-day extension to the 35-day appeal period for the rejection of the amended budget
request for the above-referenced site . The amended budget request was dated August 4, 2006. The
final decision letter issued by IEPA was dated September 14 . 2006 (copy attached) and was received
by MACTEC on September 18, 2006 .
Accordingly, we request that the Agency prepare and file with the Illinois Pollution Control Board the
appropriate request for a 90-day extension of the 35-day appeal period for this purpose . Please send
the Village of Wilmette and MACTEC a copy of the extension request that the Agency files with the
Pollution Control Board for this purpose .
Please let either of us know if you need any additional information . Thank you for your assistance
with this matter .
Sincerely,
MACTEC Engineering and Consulting, Inc .
Ill {i 1
U th%Lt
MlV1111
Dennis E. Nagg
Mar
Principal Scientist
Principal Geologist
Enclosure
cc:
Brigitte Mayerhofer,Wilmette
Paul Hahn, Wilmette
Mary Beth Cyze, Wilmette
MACTEC Engineering and Consulting, Inc
.
5440 N
. Cumberland Avenue, Suile 250
• Chicago, It 60656 •
Phone 773
.693 6030 • 773 693 .6039
www.mactec.co
m
OCT-19-2006 10t10
DLC LEGAL
1021
NORTH GRAND AVENUE EAST,
P
.O
. Box 19276, SPRINGFIELD, ILUNols
62794-9276-( 217) 782-3397
JAMES R . THOMPSON CENTER,
100 WEST RANDOLPH, SUITE 11-300, C
HICAGO . I L 60601 -(312) 814-6026
ROD R .
BLACOIEvICM, GOVERNOR
DOUGLAS
P
. SCOTT, DIRECTOR
(217)782-5544
(TDD
: 217-782-9143)
October 19, 2006
Mr. Dennis E . Nagg
MACTEC Engineering and Consulting, Inc
.
5440 N. Cumberland Avenue, Suite 250
Chicago, Illinois 60656
Re :
#0313305091 - Cook County
Wilmette/Wilmette, Village of
710 Ridge Road (Police Station)
LUST Incident No . 982714
Dear Mr. Nagg :
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Author's Direct Line
: (217)782-9827
E -Mail : william .ingcrsoll@epa
.statc .il .us
Telerax
: 217-782-9807
I am in receipt of your letter dated October 12, 2006 requesting an extension of the time in which to
appeal the Illinois EPA's September 14, 2006 decision regarding the above incidents and site
. Since
the issue relating to budget submittal after the issuance of the No Further Remediation Letter is
not
likely to be resolved through the additional time, please be advised that the request for an extension
of time is DENIED . Your time to appeal the earlier decision is not extended .
If you have any questions, please feel free to contact me .
Sincerely,
William D . Inge soil, Manager
Enforcement Programs
cc:
Clifford L. Wheeler, BOLILUST Section
P .02
RocgroRu-4302 North Main Street, Rockford, It 61103 -'815(987-7760 • DES
P
:Arvts-9511 1V
. Harrison St
., De, Flames . IL 60016-(847) 294-4000
Ext, - 595 South State, Elgin, IL 60123 - 184?) 608-31 .31
•
Psot A- 5415 N University St . . Peoria, IL 61614 - (309) 693-5463
RuRE,L or LAwo
-
Ptoaw - 7520 N
. University St ., Peoria . IL 61614
•-
(309) 693-5462
- 2125 South First S :reel, Champaign, IL 61820- 12171 278-5800
SPRINGFIELD-4500 S . Sixth Street Rd ., Springfield, IL 62706 -(217) 786-6892 •
Co',
'w,L E - 2009 Mall Street ColIInsvilie, IL 62234 - (618) 3465120
MARION-2309 W . Main St ., Suite 116, Marion, IL 62959-(616! 993-7200
PRiN
;Eo ON
RECV(Lfn PAP€A
