BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
NOTICE
CERTIFICATE OF SERVICE

BEFORE THE POLLUTION CONTROL BOARD

OF THE

STATE OF ILLINOIS

LINCOLN TECHNICAL INSTITUTE,

Petitioner,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

DorothyM. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite

11-500

Chicago, IL 60601

Respondent.

CLERK’S OFfl’~~

NOV

2003

STATE OP ILLINOIS

Pollutj0,~Control Board

)

PCB No.

04-~°

(LUST Appeal

—

Ninety Day Extension)

)

NOTICE

Richard A. Wolfe

Wolfe and Polovin

180 North LaSalle Street

Suite 2420

Chicago, IL

60601

PLEASE

TAKE NOTICE

that I

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

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: November

2003

CLERicS

(~‘~

NOV

72003

STATE

ILLINOIS

BEFORE

THE POLLUTION CONTROL BOARD

Pollution

Control Board

OF THE STATE OF ILLINOIS

LINCOLN TECHNICAL INSTITUTE,

)

Petitioner,

)

PCB No. 04-?

ILLINOIS ENVIRONMENTAL

)

(LUST Appeal

—

Ninety DayExtension)

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

Ill.

Adm.

Code

105.208,

hereby

requests

that

the Jllinois

Pollution

Control Board

(“Board”) grant an extension ofthe thirty-five (35) day period for petitioning for a

hearing to

February

2004,

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

(125)

days

from

October

2003,

the

date of service of the Illinois

EPA’s

final decision.

support thereof, the Illinois EPA respectfully states as follows:

On September 30, 2003, the Illinois EPA issued a final decision to the Petitioner.

(Exhibit A)

On October 27, 2003, the Petitioner made a written request to the Illinois EPA for

extension of time

which

file

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.

The Petitioner represented that the final decision was received on October 3, 2003.

(Exhibit B)

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 ofany

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

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: November

2003

This filing submitted on recycled paper.

ILLINOiS

ENVIRONMENTAL

PROTECTION

AGENCY

021

NORTH

GRAND

Aver~uEEAsT,

P.0.

Box

19276,

SrRINcFI~W,ILLINOIS

62794-9276.

217-782-3397

JAMIS

THOMPSON CENmR.

100

WEST RANDOU’H,

SurrE

11.300,

CHICAGo,

IL 60601,

312-814-6026

Roo

BLAGUIEvIcH,

GOVERNOR

RENEE

C7PmANO,

LJIRECTOR

217/782-6162

CERTIFIED MAIL

?00~ 3150

0300

12~4 74L9

SEP

;-7 óR)/

Lincoln Technical Institute

Attention: Scott Shaw

200 Executive Drive, Suite 340

West Orange, NJ

01032

Re:

LPC #0312220003

Cook County

Oak Lawn / Lincoln Technical Institute

8920

South

Cicero Avenue

LUST Incident No. 902232 and 2000968

LUST Technical File

Dear Mr.

Shaw:

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

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

These

budgets, dated June 12, 2003 and July 21,

2003, were received by the Illinois EPA on June 18,

2003 and July 24, 2003.

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

and 35

Illinois Administrative Code

(35

Iii. Adm.

Code).

The budgets are rejected for the reason(s) listed

in Attachment A (Section 57.7(c)(4) ofthe Act

and 35

111. Adm.

Cáde 732.405(c) and 732.503(b)).

All future

correspondence must be submitted to:

illinois Environmental Protection Agency

Bureau ofLand

#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

ofthis letter.

An underground storage tank system owner or operator may appeal this decision to the Illinois

Pollution Control Board.

Appeal rights are attached.

ROCKFOKO

—

4302

North

M3in

Str~t,Roc~~

______________

Plaines.

~L60016— (847) 294-4000

ELGJr.~

—

595

South 5ta~e.

EIg

6~614

1309) 6935463

8uRr.~u~

L~o

Prorw~

—

7620

N. Unwecsity—

reet.

Champaign,

61820 —(217)

278-5800

SPRINoiIao

—45305.

Sixth

Street R~L.

~oIIins~jlIe.

1162234 —1618) 346-5120

?age2

you have any questions or need further assistance, please contact Carol Hawbaker at 217/782-

5713.

Sincerely,

Unit Manager

Leaking Underground Storage Tank Section

Division ofRetnediation Management

Bureau ofLand

HAC:CLI

Attachment:

Attachment A

Environmental Protection Industries

Division File

Attachment A

Re:

LPC

0312220003

Cook County

Oak Lawn

Lincoln Technical Institute

8920 South Cicero Avenue

LUST Incident No. 902232 and 20000968

LUST Technical File

Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois

Administrative Code

(35

III. Adm.

Code)

The budget was submitted afterthe issuance ofa No Further Remediation Letter.

Pursuant to

Ill. Adm. Code 732.405(d), any High Priority or LowPriority plan or

budget shall be submitted to

the Illinois EPA for review and approval, rejection, or

modification in accordance with the procedures contained in Subpart E of35 IlL Adm.

Code 732 prior to the issuance ofa No Further Remediation Letter.

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 ofissuance ofthe final decision.

However, the 35-day

period may be extended for a period oftime not to exceed 90 days by writtennotice 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 requestthat 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, lL

60601

312/814-3620

For information regardingthe filing of an extension, please contact:

Illinois Environmental

Protection

Agency

Division ofLegal Counsel

1021

North

Grand

Avenue East

Post Office Box 19276

Springfield,

62794~9276

217/782-5544

Law

Offices

Wolfe and Polovin

180 N.

LaSalle Street

Robert K. Polovin

Suite

2420

RichardA. Wolfe

CFiicago, illinois

60601

Telephone

(312) 782-1681

of Counsel

Telefax (312) 782-5108

Bernard B. Wolfe

October 27, 2003

Illinois Environmental Protection Agency

DivisionofLegal Counsel

1021

North Grand Avenue East

Post Office Box

19276

Mail Code #

Division

LO~Jt~

Springfield, Illinois 62794-9276

Attention: Mr. John Kim

Environmentah ProtectIon

Agency

Re:

Lincoln Technical Institute

(“Lincoln”)

LPC

# 0312220003

LUST Incident

No!.

902232 and 2000968

Rejection of budget dated

September 30, 2003

Dear Mr. Kim:

Please be advised the my office represents Lincoln Technical Institute in relation to the

rejection ofthe budget submitted to the Illinois Environmental Protection Agency (EPA) for

approval.

Request is.hereby made for an extension of 90 days ofthe final decisionwhich was

received by Lincoln on October 3; 2003.

A copy of the decision ofthe EPA is

attached to this

correspondence.

I thank you in advance for your consideration in this matter.

Very truly yours,

2~~LOV

RAW:mec

cc: Lincoln Technical Institute, Attn: Alexandra Luster Esq.

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on November

2003, 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 Mail postage affixed thereto, upon the following named persons:

Dorothy M. Gunn, Clerk

Richard A. Wolfe

Illinois Pollution Control Board

Wolfe and Polovin

James

R. Thompson Center

180 North LaSalle Street

100 WestRandolph Street

Suite 2420

Suite 11-500

Chicago, IL

60601

Chicago, IL 60601

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

John if. Kim

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)