ILLINOIS STATE TOLL HIGHWAY

AUTHORITY (Lake Forest West CACR),

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.

)

)

)

Kenneth W. Funk

Deutsch, Levy & Engel

225 West Washington Street

Suite 1700

Chicago, IL

60606

C~..ERK’SOFFICE

OCT

152003

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

John

.

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

BEFORE THE POLLUTION CONTROL

BOARD

OF THE STATE OF ILLINOIS

STATE OF ILLINOIS

PoUut~on

Control Board

)

PCBNo.05-

)

(UST Appeal

—

Ninety Day Extension)

NOTICE

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.

---

RECiE~VED

CLERK’S

OFFICE

BEFORE THE POLLUTION

CONTROL BOARD

OCT

152003

OF THE STATE

OF ILLINOIS

STATE OF ILUNOIS

ILLINOIS

STATE TOLL HIGHWAY

)

PoIIut~onControl Board

AUTHORITY (Lake Forest

West CACR),

)

Petitioner,

)

V.

)

PCB No.

05-

ILLINOIS ENVIRONMENTAL

)

(UST Appeal

—

Ninety Day Extension)

PROTECTION AGENCY,

)

Respondent.

)

REOUESTFOR 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

Ill.

Adm.

Code

105.208,

hereby requests

that

the

Illinois

Pollution

Control Board (“Board”) grant an

extension of the thirty-five

(35)

day period for petitioning 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 ofthe 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 ofany

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

John J.~-Kii

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

7UO~

3~.5D

OOI~U

1113

5Ei7B

SEP ~12fl(~

Illinois State Toll Highway Authority

RECEIVED

Attention:

Jeffrey S. Dailey, P.E.

27000gdenAvenue

SEP

—8

2004

Downers Grove, IL 60515

OASIS

PROJECT MGR.

Re:

LPC#0970805011--LakeCounty

Lake Forest / Lake Forest Oasis West

Tn-State Tollway (1-94), Southbound

LUST Incident No.

890109, 941814 and 20030861

LUST

Technical File

Dear Mr. Dailey:

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

Corrective Action

Completion Report

submitted

for the above-referenced incident.

This information is datedApril 22, 2004

and 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).

The High Priority

Cprrective

Action Completion Report and associated Professional Engineer

Certification indicate corrective action for the above-referenced site was conducted in accordance

with

the Corrective Action Plan approved by the

Illinois

EPA.

The Corrective Action Completion

Report

demonstrates that the requirements

ofSection

57.7(c)(1)(E)

ofthe Act and

35

ill.

Adm.

Code

732.409(a)(2) have been satisfied.

Based upon the certification by Jinan Yan, a Licensed Professional Engineer, 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 Licensed

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

remediation ofthe occurrence has been completed; and (3) no further corrective action concerning the

occurrence is necessary for the protection ofhuman health, safety, and the environment.

Pursuant

to

Section 57.10(d) ofthe Act, this Letter shall apply in favor ofthe following parties:

r

1.

Illinois

State Toll HighwayAuthority, the owner or operator ofthe underground storage

tank

system(s).

S

2.

Any

parent corporation or subsidiary ofsuchowner or operator.

ROCKFORD

—

4302 North

Main

Street, Rockford,

IL 61103 —(815)

EXHIBIT

Ii.

Harrison

St.,

Des

Plaines, IL 60016— (847) 294-4000

ELGIN

—595 South

State, Elgin,

IL 60123 —(847) 608-U

ity St

Peoria

IL

61614—

(309) 693

463

BUREAU

OF

LAND

-

PEORIA

—

7620 N. University

St.,

Peoria,

IL

61614—

(31b

15

South

First Street, Champaign

IL 61820 —(217) 278-5800

SPRINGFIELD —4500 S. Sixth Street Rd., Springfield,

IL 62706

—

1

1~

Mall Street, CollinsvilIe,

IL 62234

—(618) 346-5120

MARION

2309 W

Main

___________________

18) 993

7200

---

Page 2

3.

Any co-owner or co-operator, either by joint tenancy, right-of-survivorship, or any other party

sharing a legal relationship with the owner or operator to whom the Letter is issued.

4.

Anyholder of abeneficial interest of a land trust or inter vivos trust whether revocable or

irrevocable.

S

5.

Any mortgagee or trustee of a deed of trust of such owner or operator.

6.

Any successor-in-interest of such owner or operator.

7.

Anytransferee of such owner or operator whether the transfer was by sale, bankruptcy

proceeding, partition, dissolution of marriage, settlement or adjudication of any civil action,

charitable gift,

or bequest.

8.

Anyheir or devisèe of such owner or operator.

This Letter and all attachments, including but not limited to the Leaking Underground Storage Tank

Environmental Notice, must be filed within 45

days of receipt as a single instrument with the Office of

the Recorder or Registrar ofTitles in the county in which the above-referenced site is located.

This Letter

shall not be effective until officially recorded by the Office of the Recorder or Registrar of Titles of the

applicable county in accordance with Illinois law so it forms apermanent part of the chain of title for the

above-referenced property.

Within 30 days of this Letter being recorded. an accurate and official copy of

this Letter,

as recorded, shall be obtained andsubmitted to the illinois EPA.

For recording purposes, it is

recommended that the Leaking Underground Storage Tank Environmental Notice of this Letter be the

first page of the instrument filed.

CoNDITIoNs AND

TERMS

OF

APPROVAL

LEVEL OF REMEDIATIONAND LAND USELIMITATIONS

1.

The remediation objectives have been established in accordance with an industrial/commercial

land use limitation.

The remediation objectives for the above-referenced site, more particularly

described in the Leaking Underground Storage Tank Environmental Notice of this Letter, were

established in accordance with the requirements ofthe Tiered Approach to

Corrective Action

Objectives

(35

Ill. Adm. Code 742) rules.

S

2.

As a result of the release from the underground storage tank system(s) associated with the above-

referenced incident, the above-referenced site, more particularly described in the attached

Leaking Underground Storage Tank Environmental Notice ofthis Letter, shall not be used in a

manner inconsistent with the following landuse limitation:

The land use shall be

industriallcommercial.

The groundwater under the site shall not be used as a potable water

supply.

3.

The land use limitation specified in this Letter maybe revised if:

a.

Further investigation or remedial action has been conducted that documents the

attainment of objectives appropriate forthe new land use; and

---

Page

3

b.

A new No Further Remediation Letter is obtained andrecorded in accordance with Title

XVII of the Act and regulations adopted thereunder.

PREVENTIVE,

ENGiNEERING, AND

INSTITUTIONAL CONTROLS

4.

Preventive:

The groundwater under the site described in the attachedLeaking Under’ground

StorageTank Environmental Notice ofthis Letter shall not be used as a potable

supply of water.

No person shall construct, install, maintain, or utilize a potable

water supply well.

In accordance with Section

3.65 ofthe Act, “potable” means

generally fit for human consumptionin accordance with accepted water supply

principles and practices.

Engineering:

None.

Institutional:

This Letter shall be recorded as apermanent part of the chain of title for the

above-referenced site, more particularly described in the attachedLeaking

Underground Storage Tank Environmental Notice of this Letter.

5.

Failure to establish, operate,

andmaintain controls in full compliance with the Act, applicable

regulations, and the approved Corrective Action Plan, if applicable, mayresult in voidance ofthis

Letter.

OTHER TERMS

S

6.

Any contaminated soil or groundwaterremoved or excavated from,

or disturbed at, the above-

referenced site, more particularly described in the Leaking Underground Storage Tank

Environmental Notice of this Letter, must be handled in accordance

with all applicable laws and

regulations under

35 Ill. Adm. Code Subtitle

G.

7.

Further information regarding the above-referenced site can be obtained through a written request.

under the Freedom of Information Act

(5

1LCS 140)

to:

Illinois Environmental Protection Agency

Attention:

Freedom ofInformation Act Officer

S

Bureau of Land

-

#24

1021 North Grand Avenue East

Post Office Box 19276

Springfield, IL

62794-9276

8.

Pursuant to 35 Ill. Adm. Code 732.704,

should the Illinois EPA seek to void this Letter, the

illinois EPA shall provide notice to the owner or operator ofthe leaking underground storage tank

system(s) associated with the above-referenced incident andthe current title holder of the real

estate

on which the tanks were located, attheir last known addresses.

The notice shall specify the

cause for the voidance,

explain the provisions for appeal, and describe the facts in supportofthe

voidance.

Specific

acts or omissions that may result in the voidance of this Letter include, but

shall not be limited to:

---

Page4

S

a.

Any violation of institutional controls or industriallcommercial land use restrictions;

b.

The failure to operate and maintain preventive or engineering controls or to comply with

any applicable groundwater monitoring plan;

c.

The disturbance or removal of contamination that has been left in-place in accordance

with the Corrective ActionPlan or Completion Report;

d.

The failure to comply with the recording requirements for the Letter;

S

e.

Obtaining the Letter by fraud or misrepresentation;

or

f.

Subsequent discovery of contaminants, not identified

as part of the investigative

or

remedial activities upon which the issuance of the Letter was based, that pose a threat to

human health or the environment.

Submit an accurate and official copy of this Letter,

as recorded, to:

illinois Environmental Protection Agency

Bureau of Land

-

#24

Leaking Underground Storage Tank Section

1021 North Grand Avenue East

Post Office Box 19276

Springfield, IL

62794-9276

If you have any questions or need further assistance, please contact the illinois EPAproject manager,

Carol Hawbaker, at 217/782-5713.

5

Sincerely,

S

A. Chappel, P.E.

Unit Manager

Leaking Underground Storage Tank Section

Division of Remediation Management

Bureau of Land

HAC:CLH

S

S

Attachments:

Leaking Underground StorageTank Environmental Notice

c:

Wight

S

Division File

S

---

PREPARED

BY:

S

Name:

Jeffrey S. Dailey,

P.E.

illinois State Toll Highway Authority

Address:

Tri-State Toliway(1-94) Southbound

Lake Forest, IL

60045

RETURN TO:

Name:

Jeffrey S. Dailey, P.E.

illinois State Toll Highway Authority

Address:

2700 Ogden Avenue

Downers Grove, IL

60515

(TIlE ABOVE

SPACE FOR RECORDER’S OFFICE)

LEAKING UNDERGROUND STORAGE TANK ENVIRONMENTAL NOTICE

THE

OWNERAND/OR OPERATOR OF THE LEAKING

UNDERGROUNDSTORAGE

TANK

SYSTEM(S)

ASSOCIATED WITH

THE

RELEASE REFERENCED BELOW,.

WITHIN

45

DAYS OF

RECE

WING

THE No

FURTHER REMEDIATION LETTER CONTAINING THIS NOTICE,

MUST SUBMIT THIS NOTICE AND THE

REMAINDER

OF THE No FURTHER REMEDIATION LETTER TO THE OFFICE OF

THE

RECORDER OR

REGISTRAR OF TITLES OF LAKE COUNTY IN WHICH

THE

SITE DESCRIBED BELOW

IS LOCATED.

Illinois EPA Number:

0970805011

LUST Incident No.:

890109, 941814 and 20030861

Illinois State Toll Highway Authority, the Owner and/or operatorof the leaking underground storage tank

system(s) associated with the above-referenced incident, whose address is 2700 Ogden Avenue, Downers

Grove, IL 60515, has performedinvestigative and/or remedial activities for the site identified as follows:

1.

Legal Description or Reference to a Plat Showing the Boundaries:

That part of Sections

25 and

36 in Township 44 North Range

11

East of the Third Principal Meridian described as follows:

Commencing at the southwest corner of the southwest quarter of said section

25;

thence south 89

degrees 46’22” east of the south line of said Southwestquarter, 601.38 to the point of beginning;

thence south 89 degrees 46’22” east, 263.85 feet, thence north 44 degrees 22’

12” east,

208.31

feet; thence north

86 degrees

17’ 33” east, 61.36 feet; thence south 07 degrees 49’ 05” west 36.81

feet; thence south 03 degrees 13’

11” east

185.05 feet; thence south 00

degrees 06’

21” east

1188.34 feet; thence south 09 degrees 07’

19” west, 22.23 feet; thence south 04 degrees 06’ 30”

east, 52.78 feet; thence south 00 degrees

59’

34” east, 98.65 feet; thence north 73 degrees 18’

24”

west 92.60 feet; thence north

12 degrees 38’ 08” west 230.48

feet; thence north 44 degrees 12’

12” west, 487.15 feet; thence north 00 degrees 06’ 21” west,

830.25 feet to the point of

beginning, in Lake County, Illinois.

2.

CommonAddress:

Tn-State Tollway(1-94) Southbound, LakeForest, IL 60045

3.

Real Estate Tax Index/Parcel Index Number:

11-36-100-018-8001 and

11-36-100-018-8002

4.

Site Owner:

illinois State Toll Highway Authority

S

5.

Land Use Limitation: The land use shall be industrial/commercial.

The groundwater under the

site shall not be used as a potable water supply.

6.

See the attached No Further Remediation Letter for other terms.

Leaking Underground Storage

Tank

Environmental Notice

---

EARLASDEUTSCH

5-

PAUL

M.

LEVY

TERRY

L.

ENGEL

LAW OFFICES

FRANK

R.

COHEN

JERRY

I.

RUDMAN

MICHAEL

J.

DEVINE

DEUTSGEE,

LEVY

&

ENGEL

STUART

BEAKS

KENNETH

W.

FUNK

CHARTERED

E-mail: Iawyers@dlec.com

Website:

www.dlec.com

PHILLIP

J.

ZISOOK

SUITE

1700

FACSIMILE:

(3)2)

346-1859

DENNIS

E.

FRISBY

STEVEN

B.

ISAACSON

225

WEST

WASHINGTON

STREET

ALVIN

J.

HELFGOT

CHICAGO,

ILLINOIS

60606

.

COUNSEL

JOEL

A.

STEIN

MARSHALL

D.

KROLICK

BRIAN

0.

SAUCIER

ARTHUR

J.

SABIN

JAMES

E.

O’HALLORAN

1312)

346-1460

AARON

B.

ZARKOWSKY

LEO

8.

AUBEL

KAREN

KAVANAGH

MACK

JEFFREY

B.

HORWITZ

MOYENDA MUTHARIKA

KNAPP

DAVID J.

BEN.DOV

CATHERINE GLENN

JOELSON

September 30,

2004

GREGORY

A.

FREZADOS

LEE E.

FARBMAN

Via Facsimile:

(217)782-9807

RECE~

And Regular U. S. Mail

Dj~

Illinois

Environmental

Protection Agency

IS1O~

of

Legal Counsei

Division of Legal Counsel

OCT

042004

1021 North Grand Avenue East

P.O. Box

19276

EnVironmental

Protectjô~

Springfield, Illinois

62794-9276

Attention:

John

Kim, Esq.

Agency

Re:

LFC #0970805011

-

Lake

Lake Forest/Lake Forest Oasis

Lust Incident Nos.

890109, 941814 and 20030861

Dear Mr.

Kim:

-

S

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

Corrective

Action CompletionReport 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

nor

with its

decision

modifying

the

underlying

High

Priority Corrective Action Plan and Budget; 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.

192393.1

~IT

-

Ii

---

Illinois Environmental Protection Agency

September 30, 2004

Page Two

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

KWF/alj

Enclosures

cc:

Victor Azar,,Esq.

Ms. Robin Martel

Funk

—192393.1

---

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

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Res

t

John

.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)