RECEIVED
CLERKS OFFICE
BEFORE
THE
POLLUTION CONTROL
BOARD
OF THE STATE OF ILLINOIS
SEP
122005
ILLINOIS STATE TOLL HIGHWAY
AUTHORITY,
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
V.
Respondent.
)
)
)
PCB No.
06-
31
STATE OF ILLINOIS
Pollution Control Board
)
(LUST Appeal
—
Ninety Day Extension)
)
)
NOTICE
Karen Kavanagh Mack
Deutsch, Levy & Engel
225 West Washington Street
Suite 1700
Chicago, IL
60606
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,
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:
September 8, 2005
Respondent
Assistant Counsel
RECEIVED
CLERK’S OFFICE
BEFORE
THE POLLUTION
CONTROL BOARD
SEP
122005
OF THE
STATE OF ILLINOIS
STATE OF ILLINOIS
Pollution Control Board
ILLINOIS STATE TOLL HIGHWAY
)
AUTHORITY,
)
Petitioner,
)
v.
)
PCB No.
06-
3
ILLINOIS ENVIRONMENTAL
)
(LUST 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)U) 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 ofthe thirty-five (35) day period for petitioning for a
hearing
to
December
19,
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
December 18, 2005,
a Sunday.
In support thereof, the Illinois EPA respectfully states as follows:
1.
On
August
10,
2005,
the Illinois
EPA issued
a
final decision to
the
Petitioner.
(Exhibit A)
2.
On August
24,
2005,
the Petitioner made
a written request via electronic
mail
to
the Illinois EPA for an extension oftime 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.
Tracking
information
from
the
Certified
Mail
number
on
the
final
decision
indicates the
final decision was received on August
15, 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 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: September
8, 2005
This
filing
submitted on recycled
paper.
2
O
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NoR7~-f
GRAND
AvENUE
EAST,
P.O.
Box 19276,
SpRINGFIELD,
ILLINOIS
62794-9276—(
2171 782-3397
JAMES
R. ThoMpsoN
CENTER,
100
WEST
RANDOLPH,
SUITE
11-300,
CI-IFCACO,
IL 6060!
—(3121814-6026
ROD
R.
BLAGOJEVICH,
GOVERNOR
DOUGLAS
P.
SCOTT,
DIRECTOR
217/782-6762
CERTIFIED MAIL
AUB
10
zun~
7004 2510 0001 864? 4573
Illinois State Toll Highway Authority
Attention:
Jeffrey S. Dailey
2700 Ogden Avenue
Downers Grove, Illinois
60515
Re:
LPC#0312975141
--
Cook County
South Holland / Lincoln Oasis
1-294, East Bound
LUST Incident No.
941818, 990490,20000446,20000450
& 20001562
LUST Technical File
Dear Mr.
Dailey:
The Illinois Environmental
Protection Agency (Illinois EPA) has reviewed
the High Priority
CorrectiveAction
Completion Report (report) for the above-referenced
incident.
The report was
dated April
8,2005,
and
was received by the Illinois EPA on April
12, 2005.
Citations in this
letter are from the Environmental Protection Act (Act) and
35 Illinois Administrative
Code (35
Ill. Adm.
Code).
Pursuant to
57.7(c)(4)(D) ofthe Act and 35 Ill. Adm. Code
732.409(c) and 732.503(b), the report
is rejected forthe reasons listed
in Attachment A.
Pursuant to 35
III. Adm. Code 732.401, a response must be submitted
within
120 days ofthe date
of this letter to:
Illinois Environmental Protection Agency
Bureau ofLand
-
#24
Leaking Underground Storage Tank Section
1021
North Grand Avenue East
Post OfficeBox
19276
Springfield, IL
62794-9276
Please submit all correspondence in duplicate and include the Re: block at
the beginning ofthis
letter.
RockFoRn
—
4W2 North
Main Street, Rockford,
IL 61103—tSls)987-7760
•
Dis
PI.,INts—951
1W. Harrison Si., Des Plaines.
IL 60016—(847) 294-4000
ELGIN
-595
South Stale,
Elgin,
IL 60123—847)
608-3131
•
PEoRIA
—5415
N.
University St., Peoria, 1161614..
309) 693-5463
BURtAU
OF
LANDS
PtORIA
—7620 N.
University St.,
Peoria, 1161614—
1309) 693-5462
•
CHAMPAIGN
—2125 South
First
Street. Champaign,
1161820—
217) 278-5800
SPRINGEItLO
—45005.
Sixth
Street Rd..
Springfield, 1162706—1217)
786-6892
•
COLLINSVILLE
—
2009
Ma!! SlreeI,
Collinsville.
1162234—1618)
346-5120
MARIoN
—2309W.
Main
993-7200
EIBIT
Page 2
The Illinois
EPA does not require the submission or approval ofa
budget ifthe owner oroperator
will not seek payment of corrective action costs from the Underground Storage Tank Fund.
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 Melinda Friedel, P.E.
at
217/782-6762.
Sincerely,
C46-11z cJLd~,
Michael 1. Lowder
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau ofLand
Attachment:
Attachment A
Appeal Rights
Erin Burke / Wight
& Company
Division File
Attachment A
Re:
LPC #0312975141
--
Cook County
South Holland / Lincoln Oasis
1-294, East Bound
LUST Incident No.
941818, 990490,
20000446,
20000450 & 20001562
LUST TECHNICAL FILE
Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois
Administrative Code (35 III. Adm.
Code).
Pursuant
to 35
III. Adm. Code
732.409(a)(2)(B), a High Priority correctiveaction
completion
report shall include, but not be limited to,
a narrative and timetable describing
the implementation and
completion of all elements of the corrective action plan and
the
procedures used for the collection and
analysis ofsamples,
soil borings
logs, actual
analytical results, laboratory certification, sitemaps,
well logs,
and any other information
or documentation relied upon by the Licensed Professional Engineer in reaching the
conclusion that the requirements of the Act and regulations have been satisfied and thai
no
further remediation is required at the site.
A High Priority corrective action
completion report shall demonstrate the following:
a.
For sites submitting a Site Classification Completion Report pursuant to
35
Ill.
Adm.
Code 732.3 12 (Classification by Exposure Pathway Exclusion), the
concentrations of applicable indicator contaminants meet the rernediation
objectives developed under
35
III. Adm. Code 732.408 for any applicable
exposure route not excluded from
further consideration under 35 Ill. Adm. Code
732.3 12.
The report fails to meet the above requirements,
and, therefore, the requirements of
Section 57.7(c)(l)(E) ofthe Act,
for the following reason(s):
Any modeled groundwater contamination predicted to extend off-site must be addressed
before a No Further Remediation Letter can be issued.
The soil inhalation exposure has
not been
excluded from further consideration based on the information included in the
completion report.
2.
Incident #20031416 cannot be considered a re-reporting ofincident #941818.
This
decision was previously made in the Illinois EPA review letter dated May
7, 2004.
3.
The owner/operator needs to claris’ if free product continues to be encountered in the
UST sumps.
This should also include whether or not any product has been identified
during recent gauging events.
4.
The institutional controls proposed for site closure must be clarified.
The submitted
Owner/OperatorProperty Summary form included a construction worker caution
statement and maintained engineered barrier consisting ofa building that were not
included in the closure report.
Page 2
5.
Hydraulic gradient calculations
need to be provided along
with any recent groundwater
elevation data collected from the subject site.
6.
The depths of the soil confirmation samples need to be specified along with the
previously identified soil
sample locations that were over-excavated,
7.
The most conservative hydraulic conductivity value reported from this site (6.27 x
iO~
cm/s from MW-2) should be used in the Tier 2 evaluation.
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
a petition
for a hearing within
35 days after the date of issuance ofthe final decisipn.
However, the
35-day
period may be extended
for a period oftime 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 ofthe
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 of Illinois Center
100 West Randolph, Suite
11-500
Chicago, IL
60601
312/814-3620
For information regarding the filing ofan extension, please contact:
Illinois Environmental Protection Agency
Division ofLegal
Counsel
1021 North Grand Avenue East
Post Office Box
19276
Springfield,
IL
62794-9276
217/782-5544
John Kim
-
ISTHA
-
Lincoln
Oasis South (Agency Decision Letter, dated August 10,2005
-
rejection of CACR)
Page
1
From:
“Karen
Mack” mack@dlec.com
To:
“John Kim” John.Kim@epa.state.il.us
Date:
8/24/2005 4:10:14
PM
Subject:
ISTHA
-
Lincoln Oasis South (Agency Decision Letter, dated
August
10, 2005- rejection
of CACR)
Hi, John:
Hope
all
is well with
you.
We just received
a response from
the Agency
with rejecting
the CACR for Lincoln South.
I
am
attaching
a copy for
your review.
While we have issues
with respect to most of the
responses,
I
am particularly concerned
about the statement contained
in
paragraph
2 of the attachment which
reads: “Incident #20031416 cannot
be
considered a re-reporting of incident #941818.
This
decision was
previously made
in the Illinois EPA review letter dated May 7, 2004.”
When we met
at my office this past winter, you and
I discussed this
issue and
it was my understanding from
that meeting that the 2004
incident would be covered by the remediation being conducted at the Site
and that the previous statements to this effect were not correct.
Could
you please confirm
that my recollection is correct?
It simply doesn’t
make sense that ISTHA would
have to conduct
a completely separate
investigation, remediation, etc. for this incident, but the import from
the August
10,
2005 letter suggests differently.
Given that this isjust
one of the issues raised in the letter,
I
am
requesting that you file a
90 day extension request with the Board
regarding the appeal of this
decision.
Please let me know if there is
any additional
information you
need
to process this request.
Regards,
Karen
Karen
Kavanagh
Mack
DEUTSCH,
LEVY
& ENGEL,
CHARTERED
225W. Washington
St., Suite
1700
Chicago,
IL 60606
312/346-1460
cell: 312/560-6854
fax: 312/346-1859
directfax:
312/264-0425
Confidentiality Notice--This
electronic
mail transmission
may be
privileged and confidential and is
intended only for the party to whom
it is addressed.
If you
have received
this transmission
in error,
please delete it and notify the sender.
Unintended or inadvertent
transmission shall not constitute waiver of the attorney.client, work
product or any other applicable privilege.
CC:
“Kenneth W.
Funk” cfunk@dlec.com
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that
on September
8,
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 Springfield,
Illinois, with sufficient
First Class postage affixed thereto,
upon the following named persons:
Dorothy M.
Gunn, Clerk
Karen Kavanagh Mack
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,
John’J. 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)
