BEFORE THE ILLINOIS POLLUTION CONTROL BOARDR EC E
i
V
D
CLERK'S OFFICE
DEC 2 6
2007
STATE OF ILLINOIS
Pollution Control
Board
(UST Appeal)
Respondent.
NOTICE OF FILING
ILLINOIS STATE TOLL HIGHWAY )
AUTHORITY (Belvidere Oasis- South Side CACR))
Petitioner,
)
v.
)
ILLINOIS ENVIRONMENTAL PROTECTION )
AGENCY,
)
PCB -
og-041
To: Douglas P. Scott, Director
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794
PLEASE TAKE NOTICE that on December 26, 2007 we filed with the Clerk of the
Illinois Pollution Control Board the originals and nine (9) copies each, via personal
delivery, of
1) Appearance of Deutsch, Levy
&
Engel, Chartered and 2) Petition for
Review of Agency Rejection of High Priority Corrective Action Completion Report
for Belvidere Oasis South
for filing the above-entitled cause, copies of which are
attached hereto.
Special Assistant Attorney General
Kenneth W. Funk
Karen Kavanagh Mack
Deutsch, Levy & Engel, Chartered
Special Assistant Attorneys General
225 W. Washington Street, Suite 1700
Chicago, IL 60606
(312) 346-146
Firm No. 90235
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
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2621091
CERTIFICATE OF SERVICE
The undersigned hereby certifies that true and correct copies of the Notice of Filing,
together with copies of the documents described above, were served upon the above-
named Respondent by enclosing same in envelope addressed to said Respondent,
certified mail, return receipt requested, and by depositing said envelopes in a U.S. Post
Office Mail Box at Chicago, Illinois, with postage fully prepaid on the )6 44'day of
December, 2007.
Special Assistant Attorney General
Kenneth W. Funk
Karen Kavanagh Mack
Deutsch, Levy & Engel, Chartered
Special Assistant Attorneys General
225 W. Washington Street, Suite 1700
Chicago, IL 60606
(312) 346-146
Firm No. 90235
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
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262109.1
CLERK'S
EC EIVSD
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC 2 6 2007
STATE OF ILLINOIS
3
olluti(
Control Board
PCB - 004
(
(UST Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
APPEARANCE
We, Kenneth W. Funk and Karen Kavanagh Mack, hereby file the appearance of Deutsch, Levy
& Engel, Chartered in this proceeding on behalf of the Illinois State Toll Highway Authority.
7
Special Assistant Att ey General
Kenneth W. Funk
Karen Kavanagh Mack
Deutsch, Levy & Engel, Chartered
Special Assistant Attorneys General
225 W. Washington Street, Suite 1700
Chicago, IL 60606
(312) 346-146
Firm No. 90235
ILLINOIS STATE TOLL HIGHWAY
AUTHORITY (Belvidere Oasis- South Side CACR))
Petitioner,
)
)
v.
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
-
262109.1
CLERK'S OFFIcE
n
DEE
CC
216
I
2:0 7 D
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
Pollution Control Bowe!
ILLINOIS STATE TOLL HIGHWAY
)
AUTHORITY (Belvidere Oasis- South Side CACR))
Petitioner,
)
PCB
ot
-04
v.
)
) (UST Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION )
AGENCY,
)
)
Respondent.
)
PETITION FOR REVIEW OF AGENCY REJECTION OF HIGH PRIORITY
CORRECTIVE ACTION COMPLETION REPORT
Petitioner, the Illinois State Toll Highway Authority ("ISTHA") by its attorneys, Kenneth
W. Funk and Karen Kavanagh Mack, as Special Assistant Attorneys General, petitions the
Illinois Pollution Control Board, pursuant to 415 ILCS 5/57.7(c)(4)(D) and 415 ILCS 5/40, for
review of the final determination of Respondent, the Illinois Environmental Protection Agency
(the "Agency"), with respect to Petitioner's High Priority Corrective Action Completion Report.,
dated on or about September 26, 2007, relating to its Belvidere Oasis South facility, and in
support thereof, states:
1.
ISTHA is the owner of the facility, including underground storage tanks ("UST")
and related piping, commonly known as the Belvidere Oasis South located on the 1-90 Tollway
in Belvidere, Illinois.
2.
In or about 1994, Wight & Company performed a Contaminated Soils
Determination to confirm results of investigations near the existing and former UST dispensing
systems and the former vehicle repair/service station at the Belvidere Oasis South facility. In or
about 1994, Wight &
Company, on ISTHA's behalf, notified the Illinois Emergency
Management Agency (IEMA) that various gasoline, diesel, and waste oil target analytes were
1
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
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262109.1
detected above the Tier I Remediation Objectives, to which the IEMA assigned LUST incident
number 94-1816.
3.
In or about August of 2002, at the Office of the State Fire Marshall's (OSFM)
request, Wight and Company, on ISTHA's behalf, notified IEMA of a release from the USTs, to
which the IEMA assigned Incident No. 2002-1277, and is considered a re-reporting of Incident
No. 94-1816 since the release was reported during the removal of the tank system associated
with Incident No. 94-1816.
4.
On or about September 26, 2007, ISTHA submitted a Combined High Priority
Corrective Action Plan, Budget and Completion Report ("Report") to the Agency in accordance
with the requirements of Title XVI of the Act and 35 Ill. Adm. Code 732.409(c); and, on or
about November 20, 2007, the Agency approved with modification the Corrective Action Plan
("CAP") and the Budget portions of the Report.
5.
On or about November 20, 2007, the Agency also responded by rejecting the
Corrective Action Completion Report (CACR) portions of the Report. A true and complete copy
of that rejection is attached hereto as Exhibit "1".
6.
ISTHA requests that the Board reverse the Agency's determination rejecting the
Belvidere South Oasis CACR, because,
inter cilia,
the CACR was completed in accordance with
the requirements of Title XVI of the Act and complied with 35 111. Adm. Code 732.409(c).
Specifically, the Agency's decision letter states that "the report is rejected for the reasons listed
in Attachment A," yet the Agency failed to provide an Attachment A. Although the Agency
verbally informed ISTHA's counsel that there was no Attachment A, a revised CACR rejection
letter was never issued to ISTHA.
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THIS FILING IS SUBMITTED ON RECYCLED PAPER.
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7.?
ISTHA reserves the right to present additional grounds for reversal of the
Agency's final determination, as they appear during the course of this Appeal.
WHEREFORE, the Petitioner, The Illinois State Toll Highway Authority, respectfully
requests that this Board grant a hearing in this matter and reverse the Agency's November 20,
2007 rejection of ISTHA's High Priority Corrective Action Completion Report for the Belvidere
Oasis South and remand this matter to the Agency with instructions to approve the Amendment
as aforesaid, and for any other relief as the Board deems just and appropriate.
Respectfully submitted,
ILLINOIS STATE TOLL HIGHWAY AUTHORITY
By ?
One of its Attorneys
Kenneth W. Funk
Karen Kavanagh Mack
Deutsch, Levy & Engel, Chartered
Special Assistant Attorneys General
225 W. Washington Street, Suite 1700
Chicago, IL 60606
(312) 346-1460
Firm No. 90235
3
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
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262109.1
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276 - ( 217) 782-3397
JAMES R. THOMPSOKCENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601 -(312) 814-6026
Roo R.
BLACOJEVICH, GOVERNOR?
DOUGLAS P. SCOTT, DIRECTOR
217/782-6762
NOV
2 0
2007
' Illinois State
Toll Highway Authority
Attention: Mr. Jeffrey S. Dailey, P.E.
2700 Ogden Avenue
Downers Grove, Illinois 60515
CERTIFIED MAIL
7007 0220 0000 0153 2924
Re:?
LPC #0070057092 -- Boone County
Belvidere/ Belvidere Oasis (South Side)
1-90 East Bound
Leaking UST Incident No. 941816 and No. 20021277
Leaking UST Technical File
Dear Mr. Dailey:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority
Corrective Action
Completion Report (report) for the above-referenced incident. The report was
dated September 26,
2007 and was received by the
Illinois
EPA on
September 27, 2007.
Citations in this letter are from the Environmental Protection Act (Act) in effect prior to June
24,
2002, and 35 Illinois Administrative Code (35 111. Adm. Code).
Pursuant to 57.7(c)(4) of the Act and 35 Ill. Adm. Code 732.409(c) and 732.503(b), the report is
rejected for the reasons listed in Attachment A.
Pursuant to 35 Ill. Adm. Code 732.401and 742.1020, a Highway Authority Agreement and
Memorandum of Understanding (HAA – MOU) between the Illinois
Environmental Protection
Agency
and Illinois Department of Transportation for the use restriction under 1-90 property must
be submitted within (90) days 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
Please submit all correspondence in duplicate and include the Re: block at the beginning of this
letter.
ROCKEORD -
4302 North Main Street,
Rockford, IL 61103 - (8151 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
BUREAU Or LAND - PEORIA -
7620 N. University St., Peoria, IL 61614 - (309) 693-5462 • CHAMPAIGN -
2125 South First Street, Champaign, IL 61820
4500 S. Sixth Street Rd., Springfield, IL
62706 - (217) 786-6692 •
COLLINSVILLE -
2009 Mall Street, Collinsville, IL 62234 - (678
-SPRINGFIELD -
MARION -
2309 W. Main St., Suite 116, Marion, IL 62959 - (618) 993-7200
PRIATRO?PROVO FRI PAD.
(217) 278-5800
4 - 1
EXHIBIT
Page 2
The Illinois EPA does not require the submission or approval of a budget if the owner or operator
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.
If you have any questions or need further assistance, please contact Donna Wallace at 217/ 524-
1283.
Thomas A. Henninger
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
TAH:DW:dw \
Attachment: Attachment A
c: Deutsch,
Levy & Engel/ Karen Kavanagh Mack
BOL 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) 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