BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
NOTICE
REQUEST FOR NINETY DAY EXTENSIONOF APPEAL PERIOD

SEP01 2Ofi~
RECEIVED
1. EXHIBIT

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

ILLINOIS STATE TOLL HIGHWAY

AUTHORITY (Lake Forest West CAP/B),

Petitioner,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago,

IL 60601

Respondent.

)

CLERK’S

OFFICE

OCT

2003

STATE OF ILUWQIS

P~I~~tj~n

Contro’ Board

)

PCB No. 05-

-7

)

(IJST Appeal

—

Ninety Day Extension)

)

NOTICE

Kenneth W. Funk

Deutsch, Levy & Engel

225 West Washington

Street

Suite 1700

Chicago, IL

60606

PLEASE

TAKE NOTICE

that

have today filed with the

office of the Clerk

of the

Pollution

Control

Board a REQUEST FOR NINETY DAY EXTENSION OF

APPEAL

PERIOD, copies of which

are herewith served upon you.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

John J~Kim

Assistant Counsel

Special Assistant Attorney General

Division of Legal Counsel

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143

(TDD)

Dated: October 13, 2004

RECE~VED

CLERK’S

OFFICE

OCT

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE

OF ILLINOIS

STATE

OF lLLUW~S

PoIJ~t~on

Contro’ Board

ILLINOIS STATE TOLL HIGHWAY

)

AUTHORITY (Lake Forest West CAP/B),

)

Petitioner,

)

PCB No.

05-

‘1

ILLINOIS ENVIRONMENTAL

)

(UST Appeal.— Ninety Day Extension)

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,

John J.

Kim,

Assistant

Counsel

and

Special

Assistant

Attorney

General,

and,

pursuant

Section

40(a)(1)

of the

Illinois

Environmental

Protection

Act

(415

ILCS

5/40(a)(1))

and

Iii.

Adm.

Code

105.208,

hereby requests

that

the

Illinois

Pollution

Control Board (“Board”) grant an extension ofthe thirty-five

(35)

day period forpetitioning for a

hearing to January

12,

2005, or any other date not more than a total of one hundred twenty-five

(125)

days from

the date ofservice of the Illinois EPA’s

final decision.

In support thereof, the

Illinois EPA respectfully states as follows:

On September

2004,

the Illinois

EPA issued

a final decision to

the Petitioner.

(Exhibit A)

On September 30,

2004, the Petitioner made a written request to the Illinois EPA

for an

extension of time

by which

file a petition for review, asking the Illinois

EPA join in

requesting that

the Board

extend the thirty-five

day period for filing

a petition to

ninety days.

Documents

provided

the

Petitioner

represented

that

the

final

decision

was

received

September 8, 2004.

(Exhibit B)

The additional time requested by the parties may eliminate the need for a hearing

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,

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,

Respondent

JohnJ9~im’~~

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021 North Grand Avenue,

East

P.O. Box

19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Dated: October 13,-2004

This filing submitted on recycled

paper.

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1 021

NORTH GRAND AVENUE

EAST,

P.O. Box

19276,

SPRINGFIELD,

ILLINOIS

62794-9276, 21 7-782-3397

JAMES

THOMPSON

CENTER,

100

WEST

RANDOLPH, SUITE

11-300,

CHICAGO,

IL 60601, 312-814-6026

ROD

BLAGOJEVICH,

GOVERNOR

RENEE

CIPRIANO,

DIRECTOR

CERTIFIED

MAIL

7002

3150

0000

1113

5~5

217/782-6762

SEP01

2Ofi~

Illinois State Toll Highway Authority

Attention:

Jeffery S. Dailey, P.E.

2700 Ogden Avenue

Downers Grove, IL

60515

Re:

LPC #0970805011

Lake County

Lake Forest / Lake Forest Oasis West

Tri-State Tollway (1-94), Southbound

LUST IncidentNos. 890109, 941814 and20030861

LUST Technical File

DearMr. Dailey:

RECEIVED

SEP

—8

2004

OASIS PROJECT

MGR.

The Illinois Environmental Protection Agency (illinois EPA) has reviewed the High Priority

Corrective Action Plan (plan) submitted for the above-referenced incident.

This plan, dated

April 22,. 2004, was received by the Illinois EPA on May 7, 2004.

Citations in this letter are

from the Environmental Protection Act (Act) and 35 illinois Administrative Code

(35

Iii.

Adm.

Code).

Pursuant to Section

57:7(c)(4)

of the Act and 35

Ill. Adm. Code 732.405(c), the plan is approved.

The activities proposed in theplan are appropriate to demonstrate compliance with Title XVI of

the Act and

Ill. Adm.

Code 732.

Please note that all activities

associated with the remediation

ofthis release proposed in the plan must be executed in accordance with all applicable regulatory

and statutory requirements, including compliance with the proper permits.

In addition, the budget forthe High Priority Corrective Action Plan is modified pursuant to

Section

57.7(c)(4)

of the Act and 35 ill. Adm.

Code 732.405(c).

Based on the modifications

listed in Section

2 ofAttachment A, the amounts listed in Section

1 ofAttachment A are

approved.

Please note that the costs

must be incurred in accordance with the approved plan.

aware that the amount ofreimbursement may be limited by Sections

57.8(e), 57.8(g)

and 57.8(d)

ofthe Act, as well as 35111. Adm.

Code

732.604, 732.606(s), and 732.611.

Please note that, ifthe owner or operator agrees with the Illinois EPA’s modifications, submittal

ofan amended plan is not required (Section

57.7(c)(4)

ofthe Act and

Ill. Adm.

Code

732.503(f)).

NOTE:

The plan proposes activities that are technically acceptable.

However, for the purpose of

ROCKF~O~e~X1~

~ftho~q

ELGIN

—595 South State, Elgin,

IL 60123

—(847) 608-3131

•

PEORIA

—5415

N. University

St.,

Peoria, IL 61614—

(3091

BUREAU OF

LAND

PEORIA

—

7620 N. University St.,

Peoria, IL 61614— (309) 693-5462

•

CHAMPAIGN

—

2125 South First Street, Champai

SPRINGFIELD

—4500 S. Sixth Street Rd., Springfield,

IL 62706— (217) 786-6892

•

COLLINSVILLE

—

2009 MalI

Street, CollinsviIIe, IL 6

MARION

—2309 W. Main

St.,

Suite 116, Marion, IL 62959 —(618) 993-7200

EXHIBIT

Page 2

requirements of the Act and regulations.

Owners and operators are advised that they may not be

entitled to

full payment or reimbursement for this reason.

The illinois EPA will review your

complete request for partial or final payment from the Underground Storage Tank Fund after it is

submitted to the Illinois EPA.

In addition, please note that amended plans and/or budgets must

be submitted and approved prior to the issuance ofa No Further Remediation (NIFR) Letter.

Costs associated with a plan or budget that have not been approved prior to the issuance ofan

NFR Letter will not be reimbursable.

All future correspondencemust be submitted to:

Illinois Environmental Protection Agency

Bureau ofLand-#24

Leaking Underground Storage Tank Section

1021 North Grand Avenue East

Post OfficeBox 19276

Springfield, IL

 62794-9276

Please submit all correspondence in duplicate

and

 include the Re: block shown at the

beginning

ofthis letter.

Anunderground storage tank systemowner or operatormayappeal this

decision to

the Illinois

Pollution Control Board.

Appeal rights are attached.

Ifyou have any questions or need further assistance, please contact Carol Hawbaker at 2 17/782-

5713.

Sincerely,

Harry A. Chappel, P.E.

UnitManager

Leaking Underground Storage Tank

 Section

Division of Remediation Management

Bureau ofLand

HAC:CLH

Attachment:

c:

 Wight

Division File

Attachment A•

Re:

LPC # 0970805011

Lake County

Lake Forest / Lake Forest Oasis West

Tri-StateTollway (1-94), Southbound

LUST Incident No. 890109, 941814 and 20030861

LUST Technical File

Citations in this attachment are from the Environmental Protection Act (Act)

and 35 Illinois

Administrative Code

(35

Ill.

Adm. Code).

SECTION

As a result ofthe Illinois EPA’s modification(s) in Section

2 ofthis Attachment A, the following

amounts

 areapproved:

$0.00

Investigation Costs

$2,974.05

Analysis

Costs

$25,215.00

Personnel Costs

$2,250.00

 Equipment Costs

$211,255.91

 Field

Purchases and

 Other Costs

$5,753.70

Handling Charges

SECTION

1.

$578,561.46

for an apportionment ofcosts.

The Illinois EPA has determined that the

apportionment shall be based on the number oftanks at thesite.

(35

Ill. Adm.

Code

732.608(b)).

The Illinois EPA may apportion payment ofcosts for plans submitted under

Section

57.7(c)(4)(E)(iii)

ofthe Act if:

(1) the owner or operator was deemed eligible

access the Fund for payment of corrective action costs for some, but not

all, ofthe

underground storage tanks at the site;

and (2) the owner or operator failed to justify all

costs attributable to each underground storage tank at the site (Section 57.8(m) ofthe Act

and 35 Ill.

Adm. Code 732.608).

Of 20 underground storage tanks,

6 are eligible. Therefore, allowable costs are 30

proposedbudget.

$506.25

for Equipment costs.

These costs are for activities in excess ofthose necessary

to meet the minimum requirements ofTitle XVI ofthe Act (Section

57.5(a)

ofthe Act

and 35 Ill. Adm. Code 732.606(o)).

GPS use for sample tracking exceeds the minimum requirements to comply with Title

XVI.

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)(D) ofthe Act by filing a petition

for a hearing within 35

days after the date of issuance 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 operator and the Illinois EPA within the initial 35-day appeal period.

Ifthe owner or

operator wishes to

receive a 90-day extension, a written 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 information regarding the filing ofan appeal,

please contact:

Dorothy Gunn, Clerk

Illinois Pollution Control Board

State ofIllinois

Center

100 West Randolph, Suite 11-500

Chicago, IL

60601

312/814-3620

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

flhinois Environmental Protection

Agency

Division of Legal Counsel

1021

North Grand Avenue East

Post Office Box

19276

Springfield, IL

62794-9276

217/782-5544

EARL

DEUTSCH

PAUL

LEVY

TERRYLENGEL

LAW

OFFICES

JERRY

I. RUDMAN

•

MICHAEL J.

DEVINE

DEUTSCH,

LEVY

IENGEL

•

STUART

BERKS

KENNETH

FUNK

CHARTERED

E-mail:

lawyers@dlec.com

PHILLIP

ZISOOK

SUITE

1700

Website:

www.dlec.corii

DENNIS

FRISBY

FACSlMtLE~(312

346-1859

STEVEN

ISAACSON

22B

WEST

WASHINGTON

STREET

ALVIN

HELFGOT

CHICAGO,

ILLINOIS

60606

COUNSEL

JOEL

STEIN

MARSHALL

KROLICK

BRIAN

SAUCIER

ARTHUR

SABIN

JAMES

OHALLORAN

(312

346-1460

AARON

ZARKOWSKY

LEO

G. AUBEL

KAREN KAVANAGH

MACK

JEFFREY

HORWITZ

MOYENDA MUTHARIKA

KNAPP

DAVID

BEN.DOV

CATHERINE GLENN

JOELSON

GREGORY A.

FREZADOS

LEE E.

FARBMAN

September 30, 2004

Via Facsimile: (217)782-9807

R E C E

V ~ D

And Regular U.

S. Mail

Division of LeQ~

Counsel

Illinois Environmental Protection Agency

Division of Legal Counsel

OCT 04

2OO~

1021 North Grand Avenue East

P.O. Box

19276

Environmental Protection

Springfield, Illinois 62794-9276

Agency

Attention: John Kim, Esq.

Re:

LPC #0970805011

Lake

County;

Lake Forest/Lake Forest Oasis

West

Tn-State Toliway (1-94)

Lust Incident Nos. 890109,

941814 and 20030861

DearMr. Kim:

The

undersigned,

Special

Assistant

Attorney

General, represents the

Illinois

State

Toll Highway Authority in

connection with

the referenced LUST

Incidents.

I have received

copy of the

Agency’s letter, dated September

2004,

modifying the

Authority’s High

Priority

Corrective Action Plan and Budget previously submitted to

the Agency.

A copy of that letter is

enclosed.

Please

advised that

the Authority does

not

agree

with

 the Agency’s decision as set

forth in

its letter of September

2004; however,

in hopes of resolving the open

issues with

the

Agency,

and

avoiding

the

necessity of

appeal

the

Illinois

Pollution

Control

Board,

our

client

hereby

requests

extension,

pursuant

Sections

and

57.8

the

Illinois

Environmental

Protection

Act,

extend the period within

which

it may

appeal

the

-Agency’s

decision for an additional ninety (90) days.

193291.1

Illinois Environmental Protection Agency

September 30, 2004

PageTwo

our understanding that

upon

receipt

of this

letter you

will proceed to

prepare

the

necessary motion

for filing

with Illinois Pollution

Control Board to

effectuate the extension.

your understanding

is- other than as indicated herein or if I can provide

any further information,

please let us know immediately.

Your assistance and cooperation is appreciated.

Very truly yours,

KWF/alj

• Enclosures

cc:

 Victor Azar, Esq.

Ms. Robin Martel

Funk

-193291.1

Kenneth

CERTIFICATE OF SERVICE

I, the undersigned attorney

at law, hereby certify that on October

13,

2004,

I served true

and correct

copies

of a

REQUEST FOR NINETY DAY

EXTENSION OF

APPEAL PERIOD,

by placing true and correct

copies in

properly sealed and addressed

envelopes and by depositing

said sealed envelopes in

a U.S.

mail drop box

located within Springfield,

Illinois, with sufficient

First Class postage affixed thereto, upon the following named persons:

Dorothy M. Gunn, Clerk

Kenneth W. Funk

Illinois Pollution Control Board

Deutsch, Levy & Engel

James R. Thompson Center

225

West Washington Street

100 West Randolph Street

Suite

1700

Suite 11-500

Chicago, IL

60606

Chicago, IL 60601

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

JohriJ. Kim

Assistant Counsel

Special Assistant Attorney General

Division of Legal Counsel

1021

North Grand Avenue, East

P.O.Box

19276

Springfield,

Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)