ILLINOIS STATE TOLL HIGHWAY
AUTHORITY
(Lake Forest East CAP/B),
Petitioner,
V.
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.
RE C ~
~V
D
CLERK’S OFFICE
OCT
1 5
2003
STATE OF ILLINOIS
Pollution
Control Board
)
)
)
PCBNo.05-
)
(UST Appeal
—
Ninety Day Extension)
)
)
NOTICE
Kenneth
W. Funk
Deutsch, Levy & Engel
225 West Washington Street
Suite 1700
Chicago, IL
60606
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
John
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
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
OCT152003
BEFORE THE
POLLUTION CONTROL BOARD
STATE
OF
ILL H\JO
OF THE STATE OF ILLINOIS
POlkJtion Control
Bo~
ILLINOIS STATE
TOLL HIGHWAY
)
AUTHORITY (Lake Forest East CAP/B),
)
Petitioner,
)
v.
)
PCB No.
05-
ILLINOIS ENVIRONMENTAL
)
(EJST 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
to
Section
40(a)(1) of the Illinois
Environmental
Protection Act
(415
ILCS
5/40(a)(1))
arid
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 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 of service of the illinois
EPA’s
final decision.
In support
thereof, the
Illinois EPA respectfully states as follows:
1.
On September
1,
2004,
the
Illinois EPA issued
a
final decision to the Petitioner.
(Exhibit A)
2.
On September 30, 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.
Documents
provided
by
the
Petitioner
represented
that
the
final
decision
was
received
on
September 8, 2004.
(Exhibit B)
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 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.
2
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
1021
NORTH
GRAND
AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276, 217-782-3397
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH, SUITE
11-300,
CHICAGO,
IL 60601, 312-814-6026
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/782-6762
CERTIFIED
MAIL
700E
3150
0000
1113
5~54
SEP 0 i2’0fl4
Illinois State Toll Highway Authority
Attention:
Jeffery S. Dailey, P.E.
2700 Ogden Avenue
Downers Grove, IL
60515
Re:
LPC#0970805037--LakeCounty
Lake Forest / Lake Forest Oasis East
Tn-State Toliway (1-94), Northbound
LUST IncidentNos. 941628, 941813,20011643, 20021646
and
20030822
LUST Technical File
Dear Mr. Dailey:
RECEIVED
SEP
—82004
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 Ill. Adm.
Code).
•Pursuant to Section 57;7(c)(4) ofthe Act and 35 Iii. Adm.
Code
732.405(c),
theplan is approved.
The activities proposed in the plan are appropriate to demonstrate compliance with Title XVI of
the Act and
35 Ill.
Adm. Code 732.
Please note that all activities associated with the remediation
of this 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 for the High Priority Corrective Action Plan is modified pursuant to
Section
57.7(c)(4)
ofthe Act and 35
111. 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.
Be
aware that the amount ofreimbursement maybe limited by Sections 57.8(e),
57.8(g) and 57.8(d)
ofthe Act,
as well as 35 Iii. Adm.
Code 732.604, 732.606(s), and 732.611.
Please note that, if the owner or operator agrees with the Illinois EPA’s modifications,
submittal
• of an amended plan is not required (Section 57.7(c)(4) ofthe Act and 35 Iii. Adm. Code
732.503(f)).
NOTE:
The plan proposes activities
that are technically acceptable.
However, for the purpose of
rejmhursement. these activities are in excess ofthose necessary to meet the minimu
ROCKFORD
—
~E3tJL
North
MaIn street,
KocKlord,
IL 11 103
—
(815) 987-7760
•
DES
PLANES
—9511 W. Harrison
St.
Des
Plaines
IL 60
ELGIN
—
595 South State, Elgin,
IL 60123— (847) 608-3131
•
PEORIA —5415 N. University
St.,
Peoria, IL 61614 —(309)
BUREAU
OF
LAND
-
PEORIA —7620 N. University St.,
Peoria, IL 61614— (309) 693-5462
•
CHAMPAIGN —2125 South First Street,
Champaign
~
SPRINGFIELD —4500 S. Sixth Street Rd., Springfield,
IL 62706 —(217) 786-6892
•
COLLINSVILLE
—2009 Mall
Street, Collinsville
IL 622
D
MARION
—2309 W. Main St.,
Suite 116,
Marion, IL 62959 —(618) 993-7200
-
EXHIBIT
P~,,,rrFnn~,j
RFcyr-;
~
Page 2
requirements ofthe Act and regulations.
Owners and operators are advised that they maynot be
entitled to full payment orreimbursement for this reason.
The Illinois EPA will review your
complete request for partial or fmal 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 approvedprior to the issuance ofan
NFR Letter will not be reimbursable.
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.
Ifyou have any questions or need further assistance, please contact Carol Hawbaker at 2 17/782-
5713.
-
Sincerely,~
any A. Chappel, P.E.
Unit
Manager
Leaking Underground Storage Tank Section
Division ofRemediation Management
Bureau of Land
•
HAC:CLH
Attachment:
A
c:
Wight
Division File
Attachment A
Re:
LPC # 0970805037
--
Lake County
Lake Forest / Lake Forest Oasis East
Tri-State Tollway (1-94), Northbound
LUST Incident No. 941628, 941813,
20011643, 20021646, 20030822
LUST Technical File
Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois
Administrative
Code
(35
Ill. Adm.
Code).
SECTION
1
As
a result ofthe Illinois EPA’s modification(s) in Section 2 ofthis Attachment A, the following
amounts are approved:
$430.50
•
Investigation Costs
$4,114.80
Analysis
Costs
$25,215.00
Personnel Costs
$2,250.00
Equipment Costs
$266,727.50
Field Purchases and Other
Costs
$6,908.81
Handling Charges
SECTION 2
1.
$716,020.21
for an apportionment ofcosts.
The Illinois EPA has determined that the
apportionment shall be based
on the number oftanks
at the site.
(35 Ill. Adm. Code
732.608(b)).
The Illinois
EPAmay 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 to
access the Fund for payment ofcorrective 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).
Of20 underground storage tanks,
6 are eligible.
Therefore, allowable costs are 30
of
proposed budget.
2.
$277.95
for Investigation costs.
These costs are for activities in excess of those necessary
to meet the minimum requirements of Title XVI ofthe Act (Section
57.5(a)
ofthe Act
and 35
ill.
Adm. Code 732.606(o)).
The following items exceed the minimum requirements ofTitle XVI ofthe Act: physical
soil boring arid
1
mobilization.
3.
$115.50 forwell abandonment fees.
Costs related to
activities, materials, or services not
necessary to stop, minimize, eliminate, or clean up a release ofpetroleum or its effects in
accordance with the minimum requirements ofthe Act and regulations are ineligible for
•
payment from the Fund
(35
Ill. Adm.
Code 732.606(y)).
This cost is not a corrective
action cost.
“Corrective action” means an activity associated with compliancewith the
provisions ofSections 57.6 and 57.7 ofthe Act (Section 57.2 ofthe Act and 35 Ill. Adm.
Code 732.103).
One ofthe eligibility requirements for accessing the Fund is that costs
are associated with “corrective action” (Section
57.9(a)(7)
ofthe Act and 35 Ill. Adm.
Code
732.505(c)).
4.
$319.50
for Analysis costs.
These costs are for activities in excess ofthose necessary to
• meet the minimum requirements
of
Title XVIof the Act (Section
57.5(a)
ofthe Act and
35
Ill. Adm.
Code 732.606(o)).
The following analysis costs exceed the minimum requirements to comply with Title XVI
ofthe Act:
ex-situ hydraulic conductivity, soil particle analysis and physical soil
classification.
5.
$506.25
for Equipment costs.
These costs are for activities in excess ofthose necessary
to meet the minimum requirements of Title XVI of the 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) of the Act by filing a petition
for a hearing within 35
days after the date ofissuance 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 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
A.
DEUTSCH
PAUL
N.
LEVY
TERRY
L.
ENGEL
FRANK
R.
COHEN
JERRY
I. RUDMAN
MICHAEL
J.
DEVINE
STUART
BERKS
KENNETH
W. FUNK
PHIL.LIP
J.
ZISOOK
DENNIS
E.
FRISBY
STEVEN
B.
ISAACSON
ALVIN
J.
HELFGOT
JOEL
A.
STEIN
BRIAN
D.
SAUCIER
JAMES
E.
O’HALLORAN
AARON
B.
ZARKOWSKY
LEO
G. AUBEL
KAREN
KAVANAGH
MACK
JEFFREY
B.
HORWITZ
MOYENDA MUTHARIKA
KNAPP
DAVID
J.
BEN.DOV
CATHERINE GLENN
JOELSON
GREGORY A.
FREZADOS
LEE E.
FARBMAN
LAW
OFFICES
DEUTSCH,
LEVY
&
ENGEL
CHARTERED
SUITE
700
225
WEST WASHINGTON
STREET
CHICAGO.
ILLINOIS
60606
(312)
346-1460
September 30, 2004
E-mail:
Iswyers@dlec.com
WebSite:
www.dlec.com
FACSIMILE,
(3121
346.1659
COUNSEL
MARSHALL
0.
KROLICK
ARTHUR
J.
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.
Dear Mr. Kim:
Re:
LPC #0970805037-Lake County;
Lake Forest/Lake Forest Oasis East
Tn-State
Toliway (1-94), Northbound
Lust Incident Nos. 941628, 941813, 20011643, 20021646 and20030822
The
undersigned,
as
a
Special
Assistant
Attorney
General, represents
the
Illinois
State
Toll
Highway Authority in
connection
with the referenced LUST
Incidents.
I
have received
a
copy of the
Agency’s letter,
dated September
1,
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
advised that
the
Authority does not
agree with
the
Agency’s
decision
as
set
forth in
its
letter of September
1,
2004; however,
in hopes of resolving the open issues with the
Agency,
and
avoiding
the
necessity of an
appeal
to
the Illinois
Pollution
Control
Board,
our
client
hereby
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
orL~~g
0CT042004
Environmenta,
Protectjo~
Agency
EXHIBIT
b
.0
3
-
193294.1
Illinois Environmental
Protection Agency
September 30, 2004
PageTwo
It
is
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.
If
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,
Kenneth
\\\.
Funk
KWF/alj
Enclosures
cc:
Victor Azar, Esq.
MS. Robin Martel
-
193294.1
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
4
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respon
nt
John J.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)
