ILLINOIS STATE TOLL HIGHWAY
)
AUTHORITY (Lincoln South HPCAP/B),
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
Kenneth W. Funk
Deutsch, Levy & Engel
225 West Washington Street
Suite
1700
Chicago, IL
60606
RECE
WED
CLERKS OFFICE
FEB
13
2004
STATE OF ILLINOIS
Pollution Control Board
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
~
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021
NorthGrand Avenue, East
P.O. Box
19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: February 10, 2004
BEFORE THE POLLUTION
CONTROL BOARD
OF THE STATE OF ILLINOIS
Petitioner,
V.
Respondent.
)
PCBN0.04-/C-(’(
)
(UST Appeal
—
Ninety Day Extension)
)
)
NOTICE
BEFORE THE
POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
ILLINOIS STATE TOLL HIGHWAY
)
AUTHORITY (Lincoln South HPCAP/B),
)
Petitioner,
)
v.
)
ILLINOIS 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, John J.
Kim,
Assistant
Counsel
and
Special Assistant
Attorney
General, and,
pursuant
to
Section
40(a)(1)
of the Illinois
Environmental
Protection
Act
(415
ILCS
5/40(a)(1))
and
35
Iii.
Adm.
Code
105.208,
hereby
requests
that
the
Illinois
Pollution
Control Board
(“Board”)
grant an extension of the thirty-five
(35)
day period forpetitioning for a
hearing to
May
11,
2004,
or any
other date not more than a
total of one
hundred
twenty-five
(125) days from the date of service of the Illinois
EPA’s
final decision.
In support thereof, the
Illinois
EPA respectfully states as follows:
1.
On January
6,
2004,
the
Illinois
EPA issued
a
final
decision to
the
Petitioner.
(Exhibit A)
2.
On January 27, 2004, 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 join in
requesting that
the Board
extend the thirty-five
day
period for filing
a petition
to
ninety
days.
The Petitioner did not represent when that the final decision was received.
However, the copy of
the final decision provided by the Petitioner contains a “Received Jan.
7
2004” stamp.
(Exhibit
B)
RECEIVED
CLERK’S OFFICE
FEB
132004
STATE OF ILLINOIS
Pollution Control Board
PCB No. 04-
(UST Appeal
—
Ninety Day Extension)
1
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,
Respondent
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: February 10,2004
This filing submitted on recycled paper.
2
10:55
530—271-7559
TOLLWAY
LEGAL
DEPT
PAGE
02/a7
ILLiNOIS, ENVIRONMENTAL
PROTECTION
AGENCY
1021
Non-i
GRAND
AVENUE
EAST,
P.O.
Box 19276,
Sr~INcSw,
ILUNO1S
62794L9276,
217-782-3397
JAMES
R. ThoMPsoN
CENTER,
100
WEST
RANDOLPH,
SUITE
11-300,
CHICAGO,
IL
606Q1,
312-814-6026
ROD
It
BLACoJEvIcH,
GovERNoR
REN~E
CIPRIANO,
DIRECr0R
217/782-6762
CERnI~’thDMAlL
?1102
3150
0000
12~?
s2~o
3AN062004
lThiols
State
Toll Highway
Authority
I
Attention:
Steve
Gillen
I
2700 Ogden Avenue
n
n
nv
•
I
JAN7
~,owners
~aove, WJflois
1
Re:
LPC#0312975141.—Cooktounty
South
Holland
I
Lincoln Oasis
-
—
1-294, EastBound
LUST Incident No. 941818
*
LUST Technical File
Dear Mr. Gillen:
The illinois Enviromiiental Protection Agency
(illinois
EPA) has reviewed the High Priority
Corrective Action Plan (plan) submitted forthe abovb-referenced incident
This plan, dated
September
5,
2003,
was received
by
the Illinois
EPA
on September 10, 2003-
Citations in this~..
letter axe
from the
Environmental Protection ActAct)
axid
35
Illinois Adwinistrative Code
(35
Ill.
Adm. Code).
Pursuam to Section
57.7(c)(4)
of the Act
Sid
35111.
Adm. Code 732.405(c), the plan is modified.
The following modifications
are necessary, in addition to those provisions already outlined
in the
plan,~odemonEtrate compliance with title XVI’ofthà Act and
35
Ml. Adm. Code 732:
1.
Additional information needs to be provided concerning free product recoveryif product
continues to be encountered at this site.
2.
The owner/operator needs to clarify whether
or not
all
of
the incidents reported at the subject
site are, to be addressed at the same time.
3.
Please
note
that
it is not acceptable to model the extent ofcontamination to surface water
quality standards.
Tier2 calculations should be based on Class I groundwater objectives.
All
modeled off-site exceedences based on a Class *J groundwater designation must be addressed.
4.
Tier 2 migration to groundwater objectives should not be calculated based
on soil
inhalation.
and ingestion objectIves.
ROCKFORD
—4302
North
Main Stteet,
Rockford,
IL 61103
—
(815)
987-7760
•
DE
PI.A~nE?
—9511
W-
Harrison
St.,
Des Plaineti,
IL
60016— (847) 294-4000
ELGIN—SS5SouthState.
P1gm, IL60123—(847) 608-3131
•
PEoRIA—
41
N.
ni
.à1614—C309)693-5463
Bu~&w
OF
-
PEORIA
—
~&20
N.
University St.,
~ S
S
Champaign, IL 61820—1217) 2784800
SPRINGFIELD
—45005. Sixth
$treet
Rd.,
Sprini
isville,
IL
62234— (618) 346-3120
JAN.09
04
(FBi)
09:55
COMMUNICATION No:25
/
PAGE.
2
10:55
630—271—7559
TOLLWAY
LEGAL
DEPT
PAGE
03/07
Page 2
5.
All existing moniioring wells should
be
sampled six months after excavation activities are
completed to determine contaminant levels and verify
that Tier2 objectives
will be met.
6-’
The Owner/Operator Property Summary form included with this subrniftal was
for a
different
site.
Please
note
that all acfiviÜes assooiated with the remecliation ofthis releas~
proposed in the plan
must be executed in accordance with all applicable regulatory and statutory requirements,
/
including compliance with the proper permits..
,
,
.
.
*
Th addition, the budget forthe High PriorityCórrectiye Agtion Plan is .zaoditledpifrsüant
to
Section 57,7(c)(4) ofthe Act Sd
35111, Ada
Code732,405(c).
Based on the modific
tions
*
listed in Section 2 ofAttachment A, the amountsIisted in Section
1 ofAttachment A are
approved.
Please note that the costs must be incurred in accordance with the approvedplan.
Be
aware that the amount
of
reimbursement may be limited by Sections 57.8(e),
57.8&) and
57.8(d)
ofthe Act, as well as
35111.
Ada Code 732~6O4,
732.606(s), and
732.611.
*
Please note that, if the owner or operator agrees with the illinois EPA’s modifications, stibmittal
of au
amended plan and/or budget, if applicable, is not required (Section
57.7(c)(4)
of
the Act
and
35)11.
Adm.
Code 732.503(f)),
AdditiOnally, pursuant to Section
57.8(a)(5)
of tht Act
and
*
$5
Ill. Ada
Code 732.405(e), if reimbwsèment will be sought for any additional costs that ma3i
be incurred as a result ofthe Illinois EPA’s modifications, an amended budgetmust/be submitted.
NOTE:
Amended plans
and/orbudgets must be submitted and approved prior to the issuance of
a No Further Remed ation (Nfl) Letter.
Costs asso
lated with a plan or budgetthat have not~
been approvedprior to the issuance of an NER Letter will not be reimbursable.
*
All future correspondence must be submiSd to:
*
*
llhiiioi~
Environmental Protection Ageucy
* *
*
*
*
.
*
Bureau ofLand
#24
*
LeakIng Underground Storage Tank Section
*
.
*
*
*
*
1021 North Grand AvenueEast
*
/
*
Post OfficeBox
19276
*
*
* *
*
Springfield,
IL
62794-9276
.
.
*
Please submit all correspondence in duplicate and include the Re: block shown at the bcgiSng
of this letter.
*
.
*
-
An underground storage tank system Owner or operator may appe.al this decision to the Illinois
Pollution Control Board.
Appeal rights are attached.
*
JAN. 09
‘04
(FBi)
09:56
COMMUNICATION No:25
PAGE.
3
55
630-271—7559
TOLLWAY
LEGAL
DEPT
PAGE
04/07
Page3
*
*
*
IfyOu have any questions,or needfurther assistance, plàase contact Melinda Friedel,
P.E. at
2171782-6762.
*
.
*
*
*
*
*
*
*
Sincerely,
/
I
*
?4SQ2~-*
*
*
.
*
*
Michael T. Lowder
*
*
Unit
Manager
*
*
*
*
Leaking Underground Storagelank Section
*
*
Division ofReinedlarion Management
*
*
Bureau
of
Land
*
Attachment:
Attachment A
*
*
*
*
Appeal Rights
.
*
cc:
MaryKruk/Wight&Cornpany
/
*
/
*
*
/
Division File
*
/
*
/
*
*
*
JAN. 09 ‘04
(FBi)
09:56
COMMUNICATION Na:25
PAGE. 4
LAW OFFICES
EARL
A.
DEUTSCH
PAUL
4.
LEVY
TERRY
L.
ENGEL
FRANK
R.
COHEN
JERRY
I. RUDMAN
MICHAEL
.3.
DEVINE
STUAST
BERKS
KENNETH
W. FUNK
PI-IILLIP
U.
ZISOOK
DENNIS
E. FRISBY
STEVEN
B.
ISAACSON
ALVIN
J.
HELFGOT
JOEL A.
STEIN
BRIAN
D.
SAUCIER
JAMES
E.
O’HALLORAN
AARON
B.
ZARKOWSKY
KAREN
KAVANAGH
MACK
GREGG
A.
GAROFALO
JEFFREY
B.
HORW)TZ
MOYENDA MUTI-IARIXA KNAPP
DAVID
U.
BEN.DOV
CATHERINE GLENN
JOELSON
DEUTSCH, LEVY
&
ENGEL
CHARTERED
SUITE
1700
226
WEST
WASHINGTON
STREET
CHICAGO,
ILLINOIS
60606
1332)
346-1460
January 27, 2004
E-mail:
Iawyers@dlec.coIn
Webslte:
www.dleC.com
FACSIMILE~(312)346-1859
COUNSEL
MARSHALL
D.
KROLICK
ARTHUR
U.
SABIN
Via
Facsimile: (217)782-9807
And Regular U. S.
Mail
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
Attention: John Kim, Esq.
Re:
LPC #0312975141
-
Cook County;
South Holland/Lincoln Oasis South
1-294East Bound
Lust Incident No. 941818
Dear Mr.
Kim:
The undersigned, as a Special Assistant Attorney General, represents the Illinois State Toll
HighwayAuthority in connection with the referenced LUST Incident.
I have received a copyofthe
Agency’s letter, dated January 6, 2004, modifying the Authority’s High Priority Corrective Action
Plan and Budget previously submitted to the Agency.
A copy ofthat letter is enclosed.
Please be advisedthat the Authoritydoesnot agree with the Agency’s positionas set forth in
its letter ofJanuary 6, 2004; however, in hopes ofresolving the open issues with the Agency, and
avoiding the necessity ofan appeal to the Illinois Pollution Control Board, our clienthereby requests
an
extension, pursuant to
Sections
40
and
57.8
of the
Illinois
Environmental Protection
Act, to
extend the period within which it may appeal the Agency’s decision for an additional ninety (90)
days.
RECEIVED
Djvjs~~~
of Leqai Counsei
JAN
~n
V,ron~,~
Protection
Illinois Environmental Protection Agency
January27, 2004
Page Two
It
is
our understanding that
upon
receipt of this
letter
you
will proceed to
prepare
the
necessarymotion for filing with Illinois Pollution ControlBoard to effectuate the extension. If your
understanding is otherthan as indicatedherein orif I canprovide any furtherinformation, pleaselet
us know immediately.
Your assistance and cooperation is appreciated.
Verytruly yours,
Kenneth W. Funl~
KWF/ccf
Enclosures
cc:
Victor Azar, Esq.
Ms. Mary Kruk
-172591.1
CERTIFICATE
OF
SERVICE
I, the undersigned attorney at law,
hereby certify that on February
10, 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 ENVIRONMENTALPROTECTION AGENCY,
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)