RECEIVED
CLERICS OFFICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
AUG 302005
STATE OF
IWNOIS
BEVERLY BANK,
)
Pollution
Control Board
Petitioner,
)
V.
)
PCBNo.06-
3
ILLINOIS ENVIRONMENTAL
)
(LUST
—
Ninety Day Extension)
PROTECTION AGENCY,
Respondent.
)
NOTICE
Dorothy M. Gunn, Clerk
Robert L. Mankowski
Illinois Pollution Control Board
Environmental Protection Industries
James R. Thompson Center
16650 South Canal
100 West Randolph Street
South Holland, IL 60473
Suite 11-500
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
~im~
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: August 26, 2005
RECEIVED
CLERICS OFFICE
AU6 102005
BEFORE THE POLLUTION CONTROL BOARD
STATE OF ILLINOIS
OF THE STATE OF ILLINOIS
Pollution Control Board
BEVERLY BANK,
)
Petitioner,
)
V.
)
PCB No. 06-
ILLINOIS ENVIRONMENTAL
)
(LUST
—
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)) 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 forpetitioning for a
hearing to November 28, 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. The
125th
day is
November 24, 2005, a State holiday. The next business day is November 28, 2005. In support
thereof, the Illinois EPA respectfully states as follows:
1.
On July 20, 2005, the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2.
On August 2, 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 documentation provided by the Petitioner represented that the final decision was received on
July 22,
2005.
(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
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: August 26,2005
This
filing
submitted on recycled paper.
2
WrnJM~JP4Ae7r&
ILLINOIS ENVIRONMENTAL PROTECTIONJ AGENCY
1021 NORTH GRAND AVENUE EAST, P.O. Bo~
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
217/782-6762
CERTIFIED MAIL
7002 3150 0000 1106 ~393
JUL 20
Beverly Bank
Attention: James O’Malley
-
1908 West
103rd
Street
Chicago Illinois 60643
-
Re:
LPC #0316755008
-
Cook County
Chicago/Beverly Bank
-
10258 South Western Avenue
LUST Incident No. 20040826
LUST Technical File
Dear Mr. O’Malley:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Site Investigation
Plan (plan) submitted for the above-referenced incident. This plan, dated May 12, 2005, was
received by the Illinois EPA on May 23, 2005. Citations in this letter are from the
Environmental Protection Act (Act), as amended by Public Act 92-0554 on June 24, 2002, and
35 Illinois Administrative Code (35 III. Adm. Code).
The plan is rejected for the reason(s) listed below (Sections 57.7(a)(1) and 57.7(c)(4) ofthe Act
and 35111. Adm. Code 732.503(b)):
-
It appears to the Illinois EPA that this LUST incident is a re-reporting ofthe LUST incident
#891392 which is currently completing remedial actions pursuant to an approved Corrective
Action Plan on March 17, 2005 by the Illinois EPA on this site. Therefore, you are not requireçl
to perform corrective actions for the above-referenced incident since the Illinois EPA considers
the LUST incident #20040826 a re-reporting. However, the Illinois EPA has no authority to
rescind an incident number reported to the Illinois Emergency Management Agency.
An underground storage tank system owner or operator may appeal this decision to the Illinois
Pollution Control Board. Appeal rights are attached.
Fison St., Des Plaines, IL 60016 —(847) 294-4000
Roct;ogo —4302 North Main Street,
Rockford, IL 61103 —(81 5EBITI
-
ELGIN
—595 South State, Elgin, IL 60123 —(847)60
BUREAU O~LAND
-
PEORIA
—7620 N.
UnIversI~SI.,
PeerIa, IL 61614—
m
25
SouthPeoria,First Street,IL
61614Champaign,—(309) 693-5463
IL 61820 -(217) 278-5800
SPRINGFIELD —4500 5. Sixth Street Rd., Springfield, IL 62706
—
(
9 MalI Street, Coltinsyille II 62234 —(618) 346-5120
. -
MARION —2309W. Ma
618) 993-7200
PRINTED 0’. REC’CLED PAPER
Page 2
If-you have any questions or need further assistance, please contact Mindy Weller at 217/782-
-
6762.
-
Sincerely,
~hap~
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
HAC:MW:mw\20040326-2.DQC
cc:
Robert Mankowski, EPI, Inc.
Division File
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 of issuance 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. Ifthe 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 of this decision, must be sent to the
Illinois EPA as soon as possible.
-
For information regarding the filing of an appeal, please contact:
-
Dorothy (3unn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite 11-500
Chicago, IL 60601
312/814-3620
For information regarding the filing of an extension, please contact:
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
217/782-5544
RECEIVED
Division of Legal Counsel
AUG 042005
Environmentai Protection
Agency
VU CERTIFIED
MAIL
August 2. 2005
Mr.
John
Kim
Illinois Environmental Protection Agency (IEPA)
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276.
RE:
LPC #0316755008
—
Cook County
10258 South Western Avenue
Chicago, Illinois 60642
LUST Incident #20040826
Dear Mr. Kim:
Environmental Protection Industries (EPI) on behalf of Beverly Bank (owner) is submitting this
letter for a 90-day extension for a hearing regarding the JEPA Final Decision attached with this
letter. The final decision is dated July 20. 2005 and was received by EPI and the Owner on or
about July 22, 2005:
Ifyou have any questions, Please do not hesitate to contact us.
Inc.
Robert L. Mankowski
Vice President
Enclosure
July
20. 2005 JEPA Letter
cc:
Beverly
Bank
Mr. Jeff Divers
Environmental Engineering •
Assessment
• Remediation
Brownfield Redevelopment •
Grant Assistance
Corporate Office 16650 South Canal • South HoHanci, IL 60473 •
tx
1.800.526.1768
• fax
1.708,225.1117
• office
1.708.225.1115
188 North Wells • Chicago. IL 60606 • tx 1.312,332.7339
website: www.environmental-epi.com
ENVIRONMENTAL PROTECTION INDUSTRIES
Sincerely,
Environmental Protection
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on August 26, 2005, I served true
and correct copies of a REQUEST FOR NNETY 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
Robert L. Mankowski
Illinois Pollution Control Board
Environmental Protection Industries
James R. Thompson Center
16650 South Canal
100 West Randolph Street
South Holland, IL 60473
Suite 11-500
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
k~TTh
Assistant Counsel
Special Assistant Attorney General
Division ofLegal lounsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
