WILSON SPORTING GOODS,
)
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.
)
NOTICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
Back to top
RECEIVED
CLERK’S OFFICE
FEB
28
2005
STATE OF ILLINOIS
Pollution
Control Board
PCB No.
05-/S
(LUST Appeal
—
Ninety Day Extension)
Michael H. Elam
DLA Piper Rudnick Gray Cary US LLP
203 North LaSalle Street
Suite
1900
Chicago, IL
60601-1293
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.
Respectfullysubmitted,
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, flhinois 62794-9276
217/782-5544
217/782-9143
(TDD)
Dated: February 24,
2005
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
WILSON SPORTING GOODS,
)
Petitioner,
)
V.
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
REQUEST FOR NINETYDAY 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 ofthe thirty-five
(35)
day
period for petitioning for a
hearing to May 26,
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
January
19,
2005,
the Illinois EPA
issued
a fmal decision to
the Petitioner.
(Exhibit A)
2.
On February 22, 2005,
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 represented that the final decision was received on January 21, 2005.
(Exhibit B)
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.
RECE~VED•
CLERK’S OFFICE
FEB 282005
STATE OF ILLINOIS
Pollution Control Board
PCB No. 05-
(LUST Appeal
—
Ninety Day Extension)
1
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
.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)
Dated: February 24, 2005
This filing submitted on
recycled paper.
2
P.04/il
PAGE
04/11
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH G~NoAvENuE
Esi,
P.C.
Uox
19276,
SPRINGFIELD,
Iwnois 62794-9276, 217-782-3397
JAMES
R.
THOMPSON
CENTER, 100
WEST RANDOLPH.
Sunt
11-300,
CHIcAGO,
1160601, 312-8146026
ROD
R
Bu~CoJEv1cH,GOVERNOR
RENEE CWRIANO,
DiRECToR
2171782-6762
CERTIFIED MAIL
70Q2
315U
UnDO
1105
?34?
JAN
192QR!~
Wilson Sporting Goods Company
Attention:
Andre Pabarue
8700 West Bryn Mawr
Chicago, Illinois
60631
Re:
LPC
0312645006
—
Cook County
River Grove/Wilson Sporting Goods
2233
West Street
Incident #9 10584
LUST Technical File
Dear Mr. Pabarue:
The
Illinois Environmental Protection
Agency (Illinois EPA) has reviewed the
Corrective Action
Completion Reports (reports) submitted pursuant to 35
Illinois Administrative
Code
(35
ElI.
Adrn. Code) 7~2300(b) The report, dated September 29, 2004 and October 5, 2004, was
received
by the Illinois EPA on September 30, 2004 and October 6. 2004.
Pursuant
to
35111. Mm.
Code 732300(b)(I); an owner or operator
may
choose to remediate
soil
and groundwater in accordance with
the
remediation
objectives in
35
II.
Adrn. Code 132.408
without
conducting
a site classifi cation,
Ifowners
or
opera~ors
choose not to characterize the
site in accordance
with the procedures established
in Title XV! olthe Environmental Protection
Act
and
35111.
Adm. Code 732.
to proceed under 35
IlL Mm. Code 732.300(6)0), they may
not be entitled
to full payment if a request for reimbursement from the Underground Storage
Tank Fund i~
submitted.
Pursuant to 35
III. Adnt
Code 731503(b), the report is rejected for the reason(s) described
below:
I.
The report
fails to include a completed Owner/Operator Property Summary Form.
This
fomi
must
be signed by the owner ofthe pro~edy.
-
Harrison
SL.
Dec
P1ain~,
11.
Cs0016—(847j
294-4000
V
St. Peoria.
II.
61614 —(309) 693-34&3
Sctah
First
Strcct. champaign. ii 61820 —(217)
278-5800
Mall Strcct. coflinavale,
IL
62234—1618) 346-5120
31993-7200
FEB—22—2005
15:12
02/22/2005
15:01
1630
DLC
LEGAL
DLAPRGC US LLP
Rc~cxroao
—
4302
North
Main
Srrte’,
Rcickivrd.
II. 61103
—
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9
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—
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SPRI’~CFIELn
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Street Rd.. Springfield.
II. 62706
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Mjin
EXHIBIT
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FEB—22—2005
15:12
DLC LEGAL
P.05/li
02/22/2005
15:01
1630
DLAPRGC US LLP
PAGE
05/11
Page2
An underground storage tank
system owner or
operator may sppeaI
this decision to the Illinois
Pollution
Control Board.
Appeal rights are attached.
-
.
.
-
.
.
.
-
Ifyou have 4uestions -or necdfurther assistance, please cothct Mintly -Weller at -217/782-67~2.
-
.Sinterely
-
-
-
-
-
arry A-
Chappel, P.E.
Unit Manager
Leaking Underground Storage Tank Section
-
Division ofRemediation Management
-
Bureau of Land
HAC:MW:ntw\90534.DOC
-
cc:
Megan
Wells-Paske, Pioneer Engineering & Environmental Services, Inc.
Division
File
FEB—22—2005
15:12
.
DLC LEGAL
.
P.06/li
02/22/2005
15:01
1630
DLAPRGC US LLP
PAGE
06/11
-
.
Appeal Rights.
An
underground storage tank owner or operatormay appeal this final decision.to the Illinois
Pollution Control Board pursuant to
Sections 40 and
57.7(c)(4)(D)
ofthe Act by filing apetjt.i.on
-
fora 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 written notice from thç
.
-
-
owner or operator and the Illinois EPA within the initial
35-clay appeal period. Ifthe owtier or
operatorwishes to receive a 90-day extension, a written request that includes a statement ofthe
datethe final decision was received,
alongwith a copy of this decision, must be sent to the
Illinois EPA as soon as possible.
For inforthation regarding the filing ofan appeal, please contact:
-
Dorothy 0mm, 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 olan extension,
please contact:
Illinois Environmental Protection Agency
-
Division of Legal
Counsel
-
1021
North Grand Avenue East
Post 0111cc Box
19276
Springfield. IL
62794-9276
2)7782-5544
-
.
FEB—22—2005
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DLC LEGAL
P.02/il
02/22/2005
15:01
1630
DLAPRGC US LLP
.
PAGE
02/11
203North LaSaIle
Street,
Suite 1800
Chicago. Illinois 50601-1293
PIPER RUDNICK
pnaln
312.368.4000
fax
312.236.7516
GRAY
CARY
MICHAEL l~1.ELAM
MJeFlAa.Er~M@oLwmELcoM
direct
312.358,4028
fax:
312.236.7516
February 22, 2005
U.S. MAIL AND FACSIMILE -(21fl 782-9807
Mr.
John
Kim
-
Assistant Counsel
Illinois
Environmental Protection Agency
Division ofLegal Counsel
1021
North
GrandAvenue East
P.O.Box 19276
Springfield, IL 62794-9276
DearMr. Kim:
Pursuant to this
letter, Wilson Sporting Goods Co. (Wilson Sporting Goods) is seeking
Illinois
Environmental Protection Agency’s (IEPA)
approval
of
a 90.
day
extension ofthe
time
for Wilson
Sporting-Goods to
respond to
IEPA’s
determination
that -Wilson
Sporting
Goods’.
Leaking Underground St6rage Tank Corrective Action Completion Report (Completion Report)
was deficient when submitted.
Wilson Sporting Goods
has for some time endeavored to
obtain
the
record owner’s
signature
on
the
Completion
Report.
The response action
undertaken
does
not require any land use restrictions
and Wilson Sporting Goods
is
optimistic that the projierty
owner will
sign
the Completion
Report within the next
90
days.
As
such,
Wilson
Sporting
Goods requests that
EPA
send a
joint
notice to
the
Illinois Pollution
Control Board
requesting
the 90 day extension pursuant to
415
111. Comp. Stat.
5f40(c).
On January 21,
2005,
Wilson Sporting Goods received the attached letter from IEPA.
In
that letter EPA
indicated that it was rejecting Wilson Sporting Goods’ Completion Report given
the fact that the owner of the
parcel
at issue had not
signed the report.
Wilson Sporting Goods
was
the
owner and
operator
of an
underground
storage
tank -that
was
recently
closed.
The
response action implemented does not require any land use restrictions.
Wilson Sporting Goods,
however, does
not
own the property where the underground storage
tank was
located,
Wilson’
Sporting Goods
has sent the
Completion Report
to the, record owner, is
in discussions
with the
property owner’s
counsel,
and
is
optimistic that
the property owner will
sign the
Completion
Report within the next
90
days.
Therefore,
Wilson
Sporting
Goods
is
requesting
the
90
day
extension.
—CHOOI :30547301 .vI
Serving
clients
globally
FEB—22—2005
15: 12
02/22/2005
15:01
1630
____
PIPER RUDNICK
GRAYCAR?
DLC LEGAL
DLAPRGC
US
LLP
P.
03/11
PAGE
03/11
Mr. JohnKim
February
22,
2005
Page 2
We
are continuing to
communicate with the record owner in the hopes of speeding this
process.
We will notify you if dircumstances change and will file the Completion
Report when
signed.
As
per our conversation this morning, you indicated that EPA is inclined
to proceed to
notify the Illinois
Pollution Control Board that it concurs
with Wilson Sporting Goods’
request
for an
extension,
We would
appreciate it if you
would
confirm
at your
earliest
convenience
when IEPA will file the joint request for an extension with the Illinois Pollution Control Board.
Thank
you for your assisSce
in this
matter.
Please feel free to contact me if you have
any questions.
MKEfmah
Enclosure
cc:
Mindy Weller
Timothy 3.
Patenode, Esq.
Raymond M. Berens, Esq.
Andre
C. Pabarue, Esq.
-
MelissaA. Hearne, Esq.
DLA PIPER RUDNICK GRAY
CARY US
LLP
H. Elam
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certif~,
that on February 24,
2005, 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 Springlield, Illinois, with sufficient
First Class Mail postage affixed thereto, upon the following namedpersons:
Dorothy M. Gunn, Clerk
Michael H. Elam
Illinois Pollution Control Board
DLA Piper Rudnick Gray Cary US LLP
James R. Thompson Center
203 NorthLaSalle Street
100 West Randolph Street
Suite
1900
Suite 11-500
Chicago,IL
60601-1293
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
John
Assistant Counsel
Special AssistantAttorney General
Division ofLegal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
