BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Ii~C~IVED
Cf
T-’r)~’C’~
CATHOLIC BISHOP OF CHICAGO,
)
)
JUN 1 ~ 2003
Petitioner,
)
)
STAFE OF ILLINOIS
V.
)
Pollution Control Board
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
-
)
Respondent.
)
NOTICE OF FILING
To:
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021 N. Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk ofthe Pollution
Control Board the Petition for Hearing and Appearance ofthe Catholic Bishop ofChicago, a
copy of which is herewith served upon you.
Name
/Lc~cj\~
ofAttori~e~r
GL)~
Other
esentative
6269576
Attorney Number
Date:
June 13, 2003
Name:
Nancy Coyle
Address:
155
E. Superior St.
Chicago, IL 60611
Phone:
312-751-8214
Fax:
312-751-8392
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
R C~ ~
V
ED
CATHOLIC BISHOP OF CHICAGO,
)
CLERKS orrrcE
)
JUN13 2003
Petitioner,
)
)
STATE OF ILLiNOIS
)
Pollution Control
Board
)
ILLINOIS ENVIRONMENTAL
)
..-
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR HEARING
Petitioner, Catholic Bishop of Chicago, hereby appeals to this Board for a hearing to
contest a final decision ofthe Illinois Environmental Protection Agency, and in support thereof
states as follows:
1.
On November 28, 2001, the Illinois Environmental Protection Agency issued to
Petitioner a No Further Remediation (NFR) for LUST Incident #200 10932 (Exhibit A), a
leaking underground storage tank located at St. Gall School, 5515 5. Sawyer, Chicago
Illinois.
2.
Petitioner received a notice from the Illinois EPA, dated May 9, 2003 (Exhibit B), stating,
“Since the 45-day period for perfection of the NFR Letter and any attachment has
lapsed, the 30-day period for submittal of a copy of the recorded NFR Letter and
any attachments to the Illinois EPA has lapsed, and, without an accurate and
official copy of the recorded NDR Letter and any attachments, its official
recording cannot be confirmed, pursuant to 35 Ill. Adm. Code 732.704(a)(5), the
Illinois EPA is voiding the NFR Letter for failure to perfect in a timely manner.”
3.
Petitioner would like to request another opportunity to properly submit the NFR Letter to
the Cook County Recorder of Deeds Office, pursuant to 35 Ill. Adm. Code 732.704(a),
and to submit a copy of the recorded NFR Letter to the Illinois EPA, pursuant to 35 Ill.
Adm. Code 732.704(b).
WHEREFORE, Petitioner, the Catholic Bishop of Chicago, asks this Board to grant a
hearing.
.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND AVENUE EAST,
P.O. Box 19276,
SPRINGFIELD, ILLINOIS
62794-9276
RENEE CIPRIANO, DIRECTOR
217/782-6762
CERTIFIED
MAIL
7a~o
~/~?O
-
~
~
floV28
2~O1
Archdiocese ofChicago
Attn: Sanford Glazer
155 East Superior St.
Chicago, Illinois 60611
Re:
LPC#0316045098--CookCounty
Chicago! St. Gall
5515 South Sawyer Ave.
LUST Incident No. 20010932
LUST Technical File
Dear Mr. Glazer:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Corrective Action
Completion Report submitted for the above-referenced incident. This information is dated June.
19, 2001; was received by the Illinois EPA August 20, 2001; and was prepared by Environmental
Group Services. Citations in this letter are from the Environmental Protection Act (Act) and 35
Illinois Administrative Code
(35
IAC).
The Corrective Action Completion Report and the Professional Engineer Certification submitted
pursuant to 35 IAC Section 732.300(b) and Section 732.409(b) indicate the remediation
objectives set forth in 35 IAC Section 732.408 have been met.
Based upon the certification by Pete A. Loquercio, a Registered Professional Engineer ofIllinois,
and pursuant to Section 57.10 ofthe Act (415 ILCS
5/57.10),
your request for a no further
remediation determination is granted under the conditions and terms specified in this letter.
Issuance ofthis No Further Remediation Letter (Letter), based on the certification ofthe
Registered Professional Engineer, signifies that: (1) all statutory and regulatory corrective action
requirements applicable to the occurrence have been complied with; (2) all corrective action
concerning the occurrencehas been completed; and (3) no further remediation concerning the
occurrence is necessary for the protection ofhuman health, safety and the environment. Pursuant
to Section 57.10(d) of the Act, this Letter shall apply in favor ofthe following persons:
1.
Archdiocese ofChicago;
RELEASABLE
A
DEC 06
2001
RE\/IbVVER MD
Page 3
in a manner inconsistent with the following land use limitation: There are no land use
limitations.
3.
The land use limitation specified in this Letter may be revised if:
a)
Further investigation or remedial action has been conducted that documents the
attainment ofobjectives appropriate for the new land use; and
b)
A new Letter is obtained and recorded in accordance with Title XVII ofthe Act
and regulations adopted thereunder.
PREVENTIVE,
ENGINEERING,
AND
INSTITUTIONAL CONTROLS
4.
Preventive:
None.
Engineering: None.
Institutional: This Letter shall be recorded as a permanent part of the chain oftitle for the
above-referenced site, more particularly described in the attached Leaking
Underground Storage Tank Environmental Notice ofthis letter.
5.
Failure to establish, operate, and maintain controls in full compliance with the Act,
applicable regulations, and the approved corrective action plan may result in voidance of
this Letter.
OTHER TERMS
6.
Any contaminated soil or groundwater removed, or excavated from, or disturbed at the
above-referenced site, more particularly described in the Leaking Underground Storage
Tank Environmental Notice ofthis Letter, must be handled in accordance with all
applicable laws and regulations.
7.
Further information regarding the above-referenced site can be obtained through a written
request under the Freedom ofInformation Act
(5
ILCS 140) to:
Illinois Environmental Protection Agency
Attention: Freedom ofInformation Act Officer
Bureau of Land
-
#24
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
g~’\~’~
A
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND
AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276
JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE
11-300,
CHICAGO, IL 60601
ROD R. BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
217/782-6762
CERTIFIED MAIL
MAY~9ZO~3
7002 20~0 Ouch 1522 9466
St. Gall
155 East Superior St.
Chicago, IL 60611
Re: LPC # 0316045098
--
Cook County
Chicago/St. Gall
155 East Superior St.
LUST Incident No. 20010932
LUST Technical File
Dear Sir or Madam:
On 11/28/2001, the Illinois Environmental Protection Agency (Illinois EPA) issued to you, as the
owner or operator of record, a No Further Remediation (NFR) Letter for the above-referenced
incident pursuant to Section 57.10 ofthe Environmental Protection Act (Act) (415 ILCS 5/57.10)
and 35 Illinois Administrative Code (35 Ill. Adrn. Code) 732, Subpart G. Please be advised that
35 Ill. Adrn. Code Section 732.703(a) requires that an owner or operator receiving an NFR Letter
to submit the NFR Letter, with a copy of any applicable institutional controls proposed as part of
a corrective action completion report, to the Office of the Recorder or Registrar ofTitles ofthe
county in which the site is located within 45 days after receipt ofthe NFR Letter. The NFR
Letter shall be filed in accordance with Illinois law so that it forms a permanent part of the chain
oftitle. The Illinois EPA may, pursuant to 35 Ill. Adm. Code 732.704(a)(5), void an NFR Letter
for failure to officially record the NFR Letter and any attachments in a timely manner in
accordance with 35 Ill. Adm. Code 732.703(a).
Additionally, pursuant to 35 Ill. Adm. Code 732.703(b), within 30 days after the official
recording ofthe NFR Letter by the Office
of
the Recorder or Registrar ofTitles of the applicable
county, an accurate and official copy of the NFR Letter and any attachments, as recorded, must be
submitted to the lllinois EPA.
Our records indicate that, as of this date, the Illinois EPA has not received the copy of the
11/28/2001 NFR letter and any attachment, as recorded. Therefore, the Illinois EPA is voiding
the aforementioned NFR Letter for the following reason(s):
E~h~~
RocKrolso —4302 North Main Street, Rockford, IL 61103 —(815) 987-7760
“
Dts PLAINES —9511 W. Harrison St., Des Plaini
ELGIN — 595 South State, Elgin, IL 60123 —(847) 608-3131
“
PsotsiA — 5415 N. University St., Peoria, IL 61614
BURLAU OF LAND - PEOIDA — 7620 N. University St., Peoria, IL 61614 —(309) 693-5462
CiIAMI’Aic,N — 2125 South First Street, Cli
SI’RiNGreLo —4500 S. Sixth Street Rd., Springfield, IL 62706 —1217) 786-6892
CoLI.INsVILLE — 2009 MalI Street, CoUinsvi))
MARION —2309W. Main St., Suite 116, Marion, IL 62959—1618) 993-7200
PRIN1 Li) ON R~c~ci
El) PAPER
Page 2
Since the 45-day period for perfection of the NFR Letter and any attachment has lapsed, the
30-day period for submittal ofa copy ofthe recorded NFR Letter and any attachments to the
Illinois EPA has lapsed, and, without an accurate and official copy of the recorded NFR
Letter and any attachments, its official recording cannot be confirmed, pursuant to 35 Iii.
Adm. Code 732.704(a)(5), the Illinois EPA is voiding the NFR Letter for failure to perfect
in a timely manner.
Submit any correspondence to the following address:
Illinois Environmental Protection Agency
Bureau of Land
-
#24
Leaking Underground Storage
Tank Section
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
Within 35 days after the date ofmailing of this final decisior~,the owner or operator may petition
for a hearing before the Illinois Pollution Control Board (Board) to contest the decision ofthe
Illinois EPA. (For information regarding the filing of an appeal, please contact the Board at
312/814-3620.) However, the 35-day period for petitioning for a hearing may be extended for a
period of time not to exceed 90 days by written notice provided to the Board from the owner or
operator and the Illinois EPA within the 35-day initial appeal period. (For information regarding
the filing ofan extension, please contact the Illinois EPA’ s Division of Legal Counsel at
217/782-5544.)
If you have any questions or
need further assistance, please contact
this office.
Sincerely,
~
Leaking Underground Storage Tan1,~,2~ection
Division of Remedial Managemenf
Bureau of Land
cc: DLC
Division File
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached Appeal and Appearance, by mail, upon
the following persons:
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021 N. Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Name ofAtto~~~)or
G~e~
Othe~~~presentative
6269576
Attorney Number
Date:
June 13, 2003
Name:
Nancy Coyle
Address:
155
B. Superior St.
Chicago, IL 60611
Phone:
312-751-8214
Fax:
312-751-8392