BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
‘L
2009
CITY
OF
CHICAGO
DEPARTMENT
OF GENERAL
SERVICES,
Petitioner,
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
John
Therriault
Richard
O’Brien
Assistant
Clerk
Carnow,
Conibear
&
Assoc.,
Ltd.
Illinois
Pollution
Control
Board
300
West
Adams
Street,
Suite
1200
100
West
Randolph
Street,
Suite
11-500
Chicago,
Illinois
60606
Chicago,
Illinois
60601-3218
PLEASE
TAKE
NOTICE
that
I
have
today
caused
to
be
filed
a
REQUEST
FOR
NINETY
DAY
EXTENSION
OF APPEAL
PERIOD
with
the
Illinois
Pollution
Control
Board,
copies
of
which
are
served
upon
you.
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY
/
Jamb .
Riason
Assistant
Counsel
Dated:
June
30,
2009
1021
North
Grand
Avenue
East
P.O.
Box 19276
Springfield,
Illinois
62794-9276
217/782-5544
V.
Respondent.
STATE
OF
ILL.f
NO
IS
PoIij
0
Control
8
)
Qard
)
)
)
PCB1O-
)
(LUST
Appeal
—
Ninety
Day
)
Extension)
)
)
NOTICE
THIS
FILING
IS
SUBMITTED
ON RECYCLED
PAPER
CLERK’S
OFFICE
JUL
022009
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOA9ATE
OF
ILLINOIS
Pollution
Control
Board
CITY
OF
CHICAGO
DEPARTMENT
)
OF
GENERAL
SERVICES,
)
Petitioner,
)
v.
)
PCBNo.1O-
i-”
)
(LUST
Appeal
— Ninety
Day
Extension)
ILIJNOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Respondent.
)
REQUEST FOR
NINETY
DAY
EXTENSION
OF
APPEAL
PERIOD
NOW
COMES
the
Respondent,
the
Illinois
Environmental
Protection
Agency
(“Illinois
EPA”),
by
one
of its
attorneys,
James
G.
Richardson,
Assistant
Counsel,
and,
pursuant
to
Section
40(a)(1)
of
the
Illinois
Environmental
Protection
Act
(415
ILCS
5/40(a)(l))
and
35
Ill.
Adm.
Code
105.208,
hereby
requests
that
the
Illinois
Pollution
Control
Board
(“Board”)
grant
an
extension
of the
thirty-five
(35)
day
period
for
petitioning
for
a hearing
to
October
7, 2009,
or
any
other
date
not
more
than
a
total
of
one
hundred
twenty-five
(125)
days
from
the date
of
receipt
of
the
Illinois
EPA’s
final
decision.
In
support
thereof,
the
Illinois
EPA
respectfully
states
as follows:
1.
On
June
2,
2009,
the
Illinois
EPA
issued
a
final
decision
to the
Petitioner.
2.
On
June
26,
2009,
the
Petitioner
made
a written
request
to
the
Illinois
EPA
for
an
extension
of
time
by
which
to
file
a petition
for
review,
asking
the
Illinois
EPA
to
join
in
requesting that
the
Board
extend
the
thirty-five
day
period
for
filing
a
petition
by
ninety
days.
Upon
information
and
belief
the
Petitioner
did
receive
the
final
decision
on
June
4,
2009.
3.
The
additional
time
requested
by
the
parties
may
eliminate
the
need
for
a
hearing
in
this
matter
or, in
the
alternative,
allow
the
parties
to identify
issues
and
limit
the
scope
of
any
hearing
that
may
be
necessary
to
resolve
this
matter.
WHEREFORE,
for
the
reasons
stated
above,
the
parties
request
that
the
Board,
in
the
interest
of administrative
and
judicial
economy,
grant
this
request
for
a
ninety-day
extension
of
the
thirty-five
day
period for
petitioning
for
a
hearing.
Respectfully
submitted,
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
Dated:
June
30,
2009
1021
North
Grand
Avenue,
East
P.O.
Box
19276
Springfield,
Illinois
62794-9276
217/782-5544
217/782-9143
(TDD)
THIS
FILING
IS
SUBMITTED
ON
RECYCLED
PAPER
7
ILLINOIS
ENvIRoNMENTAL
PROTECTION
AGENCY
1021
NoRm
GND
AvENUE
EAsT,
P.O.
Box
19276,
SpRINGFIELD,
ILLINOIS
62794-9276
—
(
217)
782-2829
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH,
Surrt
11-300,
CHICAGo,
IL
60601
-
(312)
814-6026
DOUGLAS
P.
Scorr,
DIRECToR
217/782-6762
CERTIFIED
MAIL
7008
1140
0004
7345
4473
JUN
O12
2009
Chicago
Department
of
General
Services.
Attention:
Kimberly
Worthington
30
N.
LaSalle
Street,
37
th
Floor
Chicago,
Illinois
60602
Re:
LPC
#0316616423
--
Cook
County
Chicago/Chicago
Department
of
General
Services
1501
West
Pershing
Road
Leaking
UST
Incident
No.
20051703
Leaking
UST
Technical
File
Dear
Ms.
Worthington:
The
Illinois
Environmental
Protection
Agency
(Illinois
EPA)
has
reviewed
the
Site
Investigation
Completion
Report
(report)
submitted
for
the
above-referenced
incident.
This
report,
dated
February
2,
2009,
was
received
by
the
Illinois
EPA
on
Febmary
5,
2009.
Citations
in
this
letter
are
from
the
Environmental
Protection
Act
(Act),
as
amended
by
Public
Act
92-0554
on
June
24,
2002,
and
35
IllinoisAdministrative
Code
(35
Iii.
Adm.
Code).
The
report
is
rejected
for
the
reason(s)
listed
below
(Sections
57.7(a)(5)
and
57.7(c)(4)
of
the
Act
and
35
Ill.
Adm.
Code
734.505(b)
and
734.5
10(a)):
1.
The
Illinois
EPA
concurs with
the
report
that
the
PNA
and
Lead
contamination
encountered
on
site
indicates
cOnditions
of
contamination
not
indicative
of
the
UST
release(s).
However,
the
benzene
contamination
of
the
previous
UST
basin
is
not
part
of
the
site-wide
contamination
and
must
be
remediated
as
contamination
from
the
UST
release(s).
Therefore,
the
extent
of
benzene
contamination
in
soil
must be
determined.
This
may
be
accomplished
by
calculating
a
Tier
II
cleanup
objective
and
the
use
of
R26
pursuant
to
35
Iii.
Adm.
Code
Part
742.
Institutional
controls
as
well
as.the
use
of
the
City
of
Chicago
Groundwater
Ordinance
may
also
assist
in
achieving
a
‘No Further
Remediation”
determination
for
this
Leaking
UST
incident.
2.
The
report fails
to include
a
completed
Owner/operator
Property
Summary
form.
This
form
may
be
accessed
from
the
illinois
EPA
website
at
www.epa.state.il.us.
The
actual
costs
for
Stage
2
were
not
submitted
to
the
Illinois
EPA.
Please
be
advised
that
budget
forms reporting
the
actual
costs
must
be
submitted
to
the
Illinois EPA
for
review and
ROcICF0IrD
-
4302
North
Main
Street,
Rockford,
IL
61103
-
(815)
987-7760
-
DES
PL.’.INEs
-
9511
W.
Harrison
St.,
Des
Plaines,
IL
60016—
(847)
294-4000
ELcIN
—
595
South
State,
Elgin,
IL
60123
—
(847)
608-3131
PEORIA
-
5415
N.
University
St.,
Peoria,
IL
61614
—
(309)
693-5463
BuIEs,,u
OF
LAN0
- PEORIA
—
7620
N.
University
St.,
Peoria,
IL
61614
—(309)
693-5462
-
CHAMPAIGN-.
2125
South
First
Street,
Champaign,
IL
61820-
(217)278.5800
C0LLIN5vILLE
—
2009
Mail
Street,
ColIinsvi(
t
e,
IL
62234
—
(618)
346-5120
.
MMoot-
—
2309
W.
Main
St.,
Suite
116,
Marion,
IL
62959
—
(618)
993-7200
PRIN-rrD
ON
RECYCLED
PAPER
Page
2
approval,
rejection,
or
modification
prior
to
receiving
payment
from
the
Fund
for
any
related
costs
(Sections
57.7(a)(2)
and
57.7(c)
of
the
Act
and
35
III.
Adm.
Code
734.505(b)
and
734.510(b)).
Pursuant
to
Sections
57.7(a)(5)
and
57.12(e)
and
(d)
of
the
Act
and
35
III.
Adm.
Code
734.100
and
734.125,
a
revised
report
must
be
submitted
within
90
days
of
the
date
of
this
letter
to:
Illinois
Environmental
Protection
Agency
Bureau
of
Land
-
#24
Leaking
Underground
Storage
Tank
Section
1021
North
Grand
Avenue
East
Post
Office
Box
19276
Springfield,
IL
62794-9276
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
Mindy
Weller
at
217/782-
6762.
Chappel,
P.E.
Unit
Manager
Leaking
Underground
Storage
Tank
Section
Division
of
Remediation
Management
Bureau
of
Land
HAC:MV
1
\2005
1703
.doex
cc:
David
Bremer,
Camow.
Conibear
&
Associates,
Ltd.
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
fihinois
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
CERTIFICATE
OF
SERVICE
I, the
undersigned
attorney
at
law,
hereby
certify
that
on
June
30,
2009
I
served
true
and
correct
copies
of
a
REQUEST
FOR
NINETY
DAY
EXTENSION
OF
APPEAL
PERIOD
by
first
class
mail
of
the
United
States
Postal
Service
upon
the
persons
as follows:
John
Therriault
Assistant
Clerk
Illinois
Pollution
Control
Board
100
West
Randolph
Street,
Suite
11-500
Chicago,
Illinois
60601-3218
Richard
O’Brien
Carnow,
Conibear
&
Assoc.,
Ltd.
300
West
Adams
Street,
Suite
1200
Chicago,
Illinois
60606
ILLNOIS
ENVROMENTAL
PROTECTION
AGENCY
Assistant
Counsel
Division
of
Legal
Counsel
1021
North
Grand Avenue
East
P.O.
Box
19276
Springfield,
Illinois
62794-9276
217/782-5544
217/782-9143
(TDD)
3