Northern States Financial Corporation,
Petitioner,
V
.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent
.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
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
James G. Richar son
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: April 4, 2006
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
NOTICE
Mr. Walter Karla
Vice President-Remediation/Risk Assessment
Benchmark Environmental Services, Inc
.
P.O. Box 824
Antioch, IL 60002
RECEIVED
CLERK'S OFFICE
APR 0 6 2006
STATE OF ILLINOIS
Pollution Control Board
PCB No. 06- /
(LUST Appeal - Ninety Day Extension)
RECEIVED
CLERK'S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
APR 0 6 2006
STATE OF ILLINOIS
Northern States Financial Corporation,
)
Pollution Control Board
Petitioner,
V .
)
PCB No. 06- J
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, James G. Richardson, 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 July 5, 2006, or any other date not more than a total of one hundred twenty-five (125)
days from the date of receipt of the Illinois EPA's final decision. In support thereof, the Illinois
EPA respectfully states as follows
:
1 .
On March 1, 2006, the Illinois EPA issued a final decision to the Petitioner
.
2
.
On March 29, 2006, 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
.
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
.
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
J mes G. Richardson
ssistant 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: April 4, 2006
This filing submitted on recycled paper
.
2
217/782-6762
MAR 0 1 2006
Northern States Financial Corporation
1777 North Cedar Lake Road
Round Lake Beach, IL 60073
Re
:
LPC #0974205036 - Lake County
Fox LakefPistakee Marina
410 Kings Road
LUST Incident Nos. 980569 and 20000246
LUST Technical File
Dear Ms. Gross :
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority
Corrective Action Plan (plan) submitted for the above-referenced incident . The Illinois EPA
received this plan, dated December 2005,
on
December 27, 2005 . 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)(D) of the Act and 35 Ill. Adm. Code 732.405(c), the plan is
rejected for the reasons listed in Attachment A
.
Pursuant to Sections 57.7(a)(1) and 57.7(c)(4)(D) of the Act and 35 III. Adm. Code 732.405(e)
and 732.503(b), the High Priority Corrective Action Plan Budget is rejected for the reasons listed
in Attachment B
.
Pursuant to 35 Ill. Adm. Code 732.401, the Illinois EPA requires submittal of a revised plan and
budget within 120 days of the date of this letter 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
ROCREORO - 4302 North Main Street, Rockford, IL 61103- (815) 987-7760
•
DES PLAINES-9511 W. Harrison St., Des Plaines, IL 60016-(847) 294-4000
ELGIN-595 South State, Elgin, IL 60123 - (847) 608-3131
•
PEORIA - 5415 N . University St., Peoria, IL 61614-(309) 693-5463
BuR=AU or LAND-PEORIA-7620 N . University St., Peoria, IL 61614-(309) 693-5462
•
CHAMPAIGN-2125 South First Street, Champaign, IL 61820-(217) 278-5800
SPRINGHELD-4500 S . Sixth Street Rd., Springfield, IL 62706-(217) 786-6892
•
COLLINSVILLE-2009 Mall Street, Collinsville, IL 62234-(618) 346-5120
MARION-2309 W. Main St ., Suite 116, Marion, IL 62959-(618) 993-7200
PRINIED ON RECYCLED PAPER
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND AVENUE EAST,
P.O. Box 19276,
SPRINGrIELD, ILLINOIS
62794-9276 - ( 217) 782-3397
JAMES
R .
THOMPSON CENTER,
100
WEST RANDOLPH, SUITE
11-300,
CHICAGO,
IL 60601 -(312) 814-6026
ROD R
.
BLAGOIEVICH, GOVERNOR
DOUGLAS
P . SCOTT,
DIRECTOR
CERTIFIED MAIL
7004 2510 0001 8590 5313
Page 2
Please submit all correspondence in duplicate and include the Re: block shown at the beginning
of this letter
.
The current High Priority Corrective Action Plan Budget is incorporated by reference . In the
future, include a full copy of the High Priority Corrective Action Plan Budget .
An underground storage tank system owner or operator may appeal this decision to the Illinois
Pollution Control Board. Appeal rights are attached
.
If you have any questions or need assistance, please contact Trent Benanti at (217) 524-4649
.
Michael T. Lowder
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
MTL:TLB:H:\Projects2\Pistakee Marina\Letters\HPCAP .doc
Attachments: Attachment A
Attachment B
Appeal Rights
c
:
Benchmark Environmental Services, Inc
.
Division File
Attachment A
Re :
LPC #0974205036 - Lake County
Fox Lake/Pistakee Marina
410 Kings Road
LUST Incident Nos . 980569 and 20000246
LUST Technical File
1
.
The High Priority Corrective Action Plan does not include laboratory certification for
groundwater samples MW- 14, MW- 15 and MW- 16
.
2 .
The High Priority Corrective Action Plan does not include completion reports for
groundwater monitoring wells MW-14, MW-15 and MW-16
.
3 .
Soil sample D-7 is not included in the proposed zone of excavation
.
4
.
The High Priority Corrective Action Plan does not include a proposal to analyze the
remediation verification (corrective action excavation) samples for TCLP lead
.
5
.
The High Priority Corrective Action Plan does not include a Class II groundwater
demonstration. As such, the full extent of lead in the groundwater has not been
delineated . The owner or operator shall investigate the extent of lead in the groundwater
prior to submitting a High Priority Corrective Action Plan .
Note: The owner or operator has not investigated the extents of BTEX and lead
contamination to the southwest of groundwater monitoring well MW-1, as requested in
the Illinois EPA's letters dated March 17, 2005 and July 1, 2005
.
MTL:TLB:H:\Projects2\Pistakee Marina\Letters\HPCAP A .doc
Attachment B
Re :
LPC #0974205036 - Lake County
Fox Lake/Pistakee Marina
410 Kings Road
LUST Incident Nos. 980569 and 20000246
LUST Technical File
Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois
Administrative Code (35 Ill. Adm. Code) .
1 .
A budget must include a copy of the eligibility and deductibility decision for accessing
the Fund (35 Ill. Adm. Code 732.305(b)(2) and 732.405(b))
.
The High Priority Corrective Action Plan Budget does not include a copy of the
eligibility and deductibility decision, which demonstrates that Northern States Financial
Corporation is eligible to access the Fund .
2
.
The High Priority Corrective Action Plan and High Priority Corrective Action Plan
Budget include costs necessary to return the subject site to it's present condition
subsequent to corrective action activities
.
Please note that costs associated with the replacement of above grade structures such as
pumps, pump islands, buildings, wiring, lighting, bumpers, posts or canopies, including
but not limited to those structures destroyed or damaged during corrective action
activities, are ineligible for payment from the Fund (35 Ill . Adm. Code 732.606(d))
.
Such replacement exceeds the minimum requirements necessary to comply with Title
XVI (Section 57 .5(a) of the Act and 35 Ill. Adm. Code 732.606(o))
.
Further, such replacement is not a corrective action cost. "Corrective action" means an
activity associated with compliance with the provisions of Sections 57 .6 and 57.7 of the
Act (Section 57 .2 of the Act and 35 Ill. Adm. Code 732 .103) . One of the eligibility
requirements for accessing the Fund is that costs are associated with "corrective action"
(Section 57.9(a)(7) of the Act)
.
3
.
A full financial review shall consist of a detailed review of the costs associated with each
element necessary to accomplish the goals of the High Priority Corrective Action Plan as
.
required pursuant to the Act and regulations. Items to be reviewed shall include, but not
be limited to, costs associated with any materials, activities or services that are included
in the High Priority Corrective Action Plan Budget . The overall goal of the financial
review shall be to assure that costs associated with materials, activities and services shall
be reasonable, shall be consistent with the associated High Priority Corrective Action
Plan, shall be incurred in the performance of corrective action activities and shall not be
used for corrective action activities in excess of those necessary to meet the minimum
requirements of the Act and regulations (Section 57.7(c)(4)(C) of the Act and 35 Ill .
Adm. Code 732.505(c)) .
Without an approvable High Priority Corrective Action Plan, the High Priority Corrective
Action Plan Budget cannot be fully reviewed .
MTL:TLB:H:\Projects2\Pistakee Marina\Letters\HPCAP B.doc
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 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 . 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 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 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 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
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on April 4, 2006, 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 Mail postage affixed thereto, upon the following named persons
:
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
ames G. Richardson
ssistant 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)
Mr. Walter Karla
Vice President-Remediation/Risk Assessment
Benchmark Environmental Services, Inc .
P.O. Box 824
Antioch, IL 60002
