| | - TWO RIVERS HEAD START
- ofthe increased road maintenance and repairs.
- RECEIVEDCITY OF BATAVIA
- Inc. on June 7, 2004.
- Inc. on June 7, 2004.
- Inc. on June 7, 2004.
-
- Name Address City County State
- Inc. on June 7, 2004.
- Inc. on June 7, 2004.
- Name Address City County State
- Inc. on June 7, 2004.
- Inc. on June 7, 2004.
- Inc. on June 7, 2004.
- Inc. on June 7, 2004.
- Inc. on June 7, 2004.
- Inc. on June 7, 2004.
- Inc. on June 7, 2004.
- Inc. on June 7, 2004.
|
RECEIVED
CLERK’S OFFICE
JUL
12
2004
BEFORE
TilE ILLINOIS
POLLUTION CONTROL BOA~~~d
Batavia, Illinois Residents opposed
)
To siting of Waste Transfer Station
)
No. PCB
~
)
(Pollution Control
)
Facility
Siting Appeal)
Vs.
)
Application of Onyx Waste Services
)
Midwest, Inc. for Local Siting
)
Approval
for a Solid Waste
)
Transfer Station and City ofBatavia,
)
Illinois
)
NOTICE OF
FILING
TO:
See Attached Service List
PLEASE TAKE NOTICE that on July 10,
2004 there caused to be filed via U.S.
Mail
with the Illinois Pollution Control Board an original and 9 copies ofthe following
document which is
attached
hereto:
PETITION
FOR
REVIEW/APPEAL
TO CONTEST
SITING
OF WASTE
TRANSFER STATION IN BATAVIA, IL.
BY.
anis Rosauer, B
via Resident
SUBSCRIBED
and SWORN TO Before me this
10th
day ofJuly, 2004.
~
~
“OFFICIAL
SEAL”
PAULETTE
E.
CHARHUT
Notary
Public,
State
of
Illinois
My
Commission
ExpIres
7/13/04
~
SERVICE
LIST
John Noble, Attorney
Gerald P.
Callaghan, Attorney
City ofBatavia
Onyx Waste Services, Midwest
Weiler & Noble,PC
Freeborn & Peters
425 Williamsburg Avenue
311
S. Wacker Drive
Geneva, illinois
Suite 3000
Fax 630-208-5168
Chicago, Illinois 60606-6677
R~CEfl/ED
CLERK’S OFFICE
JUL
122004
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR~TATE
OF ILLh~iUjS
Hutton Controi
I~oarc~
Batavia, Illinois Residents opposed
)
~
j
To siting of Waste Transfer Station
)
No.
PCB
0
)
(Pollution Control
)
Facility
Siting Appeal)
Vs.
)
Application of Onyx Waste Services
)
Midwest, Inc. for Local Siting
)
Approval
for a Solid Waste
)
Transfer Station and City of Batavia,
)
Illinois
)
Petition for Review/Appeal to contest siting of Waste Transfer Station
in Batavia, II.
We, the Batavia residents, including a Citizen Advisory Committee member,
believe many ofthe recommendations andcounsel for the nine criteria and the
circumstances in which the Waste Transfer Station was handled and approved by the City
ofBatavia are in conflict ofinterest, one-sided
and
biased.
Illinois law puts the responsibility ofapproval for siting a Waste Transfer Station
under the local government.
It appears that the City ofBatavia has met its responsibility
in the siting process.
Indeed they handled the public, the elected aldermen, the Citizens
Advisory Committee andthe independent studies in a well-orchestrated manner.
The
local government ofBatavia needed to approve the siting.
They were the developer by
initiating the idea and feasibility ofthe Waste Transfer Station.
In reality, though not
officially, the city was also the applicant for the project by being open to the invitation of
independent waste companies. In these positions the objectivity ofthe
city
ofBatavia is
extremelyquestionable.
As evidenced by the intergovernmental agreement with Kane
County (See
attached agreement), the governing and administrative bodies ofthe City ofBatavia have
been in favor of a Waste Transfer Station from the beginning.
They only needed to
dangle that desire and wait for the best offer from a waste company.
ONYX will give
$500,000 to Batavia annually to operate here.
An
approval from the local government
was never the issue.
Meeting the notification requirements ofthe state law was their only
challenge.
The public was made
aware ofthe Waste Transfer Station in the Summer 2002
issue ofBatavia’s newsletter
Currents,
which is published fourtimes a year.
This article
informed residents that the City ofBatavia was looking into purchasing property for a
Waste Transfer Station.
The article also describedthe formation ofa Citizens Advisory
Committee to investigate the feasibility ofsuch a proposal.
The
information in the article
leadthe reader/citizen
to
believe that this project was in. the early stages ofconsideration
for handling andcontrolling Batavia’s garbage needs. (See attached copy)
Never
again
was
the newsletter
Currents
usedto update residents on the Waste
Transfer Station progress.
Evenwhen the
Currents
Summer 2003 issue told Bataviathat
ONYX was our
new garbage company, no mention was made of the proposed Waste
Transfer Station.
The public
was “notified” via local newspaper articles appearing in March, June
(Kane
County
Chronicle) and July 2003 (The Sun). Not until six months later on
February 20, 2004,(Kane County Chronicle) was the City ofBatavia’s official Legal
Notice ofPublic Hearingon Request for NewPollution Control Facility Siting made
public.
The
Currents
spring issue comes out by March
1st
but the status oftie
Waste
Transfer Station
was never mentioned in that publication.
The handful ofresidents that were aware ofthis situation had not been allowed to
discuss it with their Alderman or anyone at City Hall.
On the limited
communication the
City ofBataviahad with the general public, the last note directed any questions to Randy
Recklaus (Assistant City Administrator).
However, he really was not at liberty to answer
questions anyway. (See Recklaus response letters to Steve Johnson and Mr. And Mrs.
Voreis)
The so-called public hearings werejust an outlet to let the very few people who
knew aboutthe proposal to
sound off.
It was obvious to anyone who attended or watched
the hearings that this was a “done-deal.”
It gave residents a “How can we fight City
Hall?” hopeless attitude.
All
comments, concerns and questions had to be in
written form
by May
17th,
2004 to be included as part ofthe public hearing.
In the copies of
written
comments filed and compiled with the City Clerk, only five from individual residents
were dated before May
2004, showing the rest were an urgent
11th
hour outcry.
At this late date
is when many ofus became aware
ofthe Waste Transfer Station
and some ofthe details. It was a major surprise that the City ofBatavia and Onyx had
been working on this for so long and had come this far without
our knowledge. It also
became a different issue being in the hands of Onyx and not the City ofBatavia as
we
were lead to believe in the 2002
Currents.
Onyx is a business. A business not corporately
based in the area. Other than picking up our garbage
,
Onyx has
little interest in the well-
being ofBatavia. They are interested in making a profit, profits that now comes from
municipal
customers in
5
Counties. Garbage brought from
5
Counties to our City.
This is
avery different proposition than originally outlined in 2002 to all Bataviaresidents.
Hardly anyone was “independent” in this matter. Most people
involved with input
on the Waste Transfer Station were paid oremployed by ONYX orthe City ofBatavia.
This seems to make the whole approval process a
conflict
of interest.
On
June 7, 2004,
it came as no surprise that the City Council approved the Waste Transfer
Station Siting.
At that meeting, the City Council
stated that this process
has been
goingon since
1999.
Councilman Jim Volk also stated that the City ofBataviahas been “open and
transparent” throughout the whole process.
During this “open” process, agreements, applications, etc. were available for
public viewing.
Unfortunately, unless someone was actively and specifically looking for
it, all that information was just out there. Information
being made available and
information being publicized are completely different.
This “transparent” process leftthe
Batavia community in the dark. With proper and more direct notification ofinformation,
the decision-makingmight
not have been so one-sided.
Batavians recognize that garbage is a reality and appropriate provisions must be
made to deal with it in a responsible way.
We also
knowthis can be accomplished in a
forthright
manner.
The local government ofBatavia fulfilled the letter ofthe law but
sadly, it did not honor the spirit ofthe law when they kept the public basically
uninformed about this important issue.
We sincerely believe thatthe “fundamental
fairness’ has been seriously violated in the City ofBatavia.
Concerned citizens ofBatavia are requesting an appeal to the Waste Transfer
Station Siting approval.
When this appeal is granted, we are ready to further address and
contest the nine criteria ONYX was to fulfill.
Your close attention and consideration in
this matter are greatly appreciated.
INTERGOVERNMENTALAGREEMENT
BETWEEN THE CITY. OF
BATh
VIA AND
TEE COUNTY OF
KANE
REGARDING
AFORGIVEABLELOAN TO INVESTIGATE
THE FEASIBILITY OFA SOLID WASTE TRANSFER STATION
:‘
This
Agreement,
made
and
entered
into
this
day
of
,2000 A.D., by
and
betweenthe
City
of Batavia, a
Municipal ~
of
the County of Kane and
State of Illinois (hereinafter referred to as
“CITY”), and the Cc~un~j
of
Kane, State of Illinois (hereinafterreferred to as “COUNTY”);
WHEREAS,
the parties
hereto
are
authorized
to
exercise, intergovernmental
cooperation,pursuant to the provisions ofthe Illinois Constitutionof 1970 (Article VII, Section
10) and the IntergovernmentalCooperation Act,
5
ILCS
220/1
et. Seq. (1999), and
WHEREAS, both parties have an interest in the management ofsolid waste, as
well as the authority to site solid waste transfer stationsin theirparticularjurisdictions; and
WHEREAS,
the
County’s
Solid
Waste
Management
Plan,
recognizes
the
necessity ofsolid waste transfer stationsto meet the County’s long-term waste needs; and
WHEREAS, the
CITY has the right
to
acquire,
in
the
future, certain territory
which could be suitable forthe location ofa solid waste transfer station; and
WHEREAS, the CITYhas determined that
it is in the best interests ofits citizens
and the
long-term management ofsolid waste produced thereby to conducta feasibility study of
a solid waste transfer station within the corporate limits oftheCITY; and
WHEREAS, the
COUNTY has determined that
it is
in the best interests of its
citizens and the
long-term management of solid waste within the
County to assist the
CITY in
t
Summer 2002
Ctty
of
Batavta
Newsl~tter
Vol
14
No 2
Feasibility ofSolid Waste Transfer Station Studied By City
The City has been examining the feasibihty and desirability of siting a Solid Waste Transfer Station in a far east
side industrial park. The City has an option to acquire a parcel close to
Kirk
Road
and Fabyan Parkway for this
purpose.
A Waste Transfer Station
is
a facility that provides for the transfer of municipal garbage
from common
“garbage trucks” to
large “transfer trucks” which then transport it to the nearest landfiU. With the anticipated clos-
ing of the
Settler’s Hill landfill
in Geneva in 2006,
and the closing of other landfills
in
the Chicagoland area over
the next few years,
the need for
transfer stations in our area will
increase.
The siting of a Waste
Transfer Station in Batavia could
be a way for the City to retain
a
degree of control over garbage
sticker costs for residents, while
generating additional revenues.
The City
has obtained
a $100,000
grant from
Kane
County
to
hire
a
consultant to
look
at the feasibility
of
a
Waste
Transfer
Station
in
Batavia.
In
addition,
a
Citizens’
Advisory
Committee
was
formed
in
January
to
advise
the~City
Council on the desirability of such
facility
in
our
community.
The
Committee
members
have
re-
ceived
tours
of
existing
Waste
Transfer
Stations
in
the
metro
area and have had the opportunity”
to
speak
with,
and
ask
questions
to the operators of those
facilities.
In
addition,
the
Committee
has
had
City’s
Solid Waste
Transfer Consultants,
and City Staff at their disposal
to
gather information
and
answer
their questions relating to this
issue.
They are currently
in the
process of writing a report to the City Council that
discusses the issues and concerns they feel ought to be addressed
before a decision to
move forward
with this
project is made.
The meeting minutes
of the Citizen’s Advisory Committee,
as
well
as
their final
report will be
available at www.cityofbatavia.net,
as they are completed.
There will be additional
opportunities for citizens to
give input on
this project
at
different steps
in the
process.
In
the meanwhile,
if you
have
any
questions com-
ments ‘about the Citizens’
Advisory Committee
on
Solid Waste
please
contact
Randy
Recklaus, the Assistant
City Administrator,
at
(630)
879-1424
X115
or
at
rrecklaus@cityofbatavia.net
.
If you
have
general
questions
about the Waste Transfer
Station
project
you
can
contact
Gary
Larsen,
Director,
Public Works
at
(630)
879-
1424
X309 or at giarsen@cityofbatavia.net.
TWO RIVERS
HEAD START
Two
Rivers Head Start Agency is
a Community Action Agency that provides emergency financial assistance for
residents of Kane County including limited rent, medical, food and job training.
In addition,
Two Rivers Head Start Agency operates nine
Head Start Centers
and three Early
Head
Start Cen-
ters.
Head Start is based
on
the premise that all
children
have
certain
needs and that children of families with
limited resources can
benefit from
a comprehensive developmental program designed to
meet those needs.
Two Rivers
Head Start
Agency
offers
a
free,
half-day preschool
Head
Start
Program
for
income-eligible
children throughout KaneCounty.
In collaboration with the Illinois Dept. of Human Services,
Two Rivers
Continued page
2
~I
~‘1~
April 28, 2004
Hannah Volk, Batavia City Clerk
City
of Batavia
100
North Island Avenue
Batavia, Illinois 60510-1930
2~
y
~
Dear Ms.
Volk:
We thought long and hard before writing this letter assuming that any input and comments
at this point would be futile. After listening
to one session of
the hearings concerning
the
siting of
a waste transfer station
by ONYX in Batavia and
reading articles in
our local papers, we came to
the conclusion that the waste transfer station
was a “done deal” even before the hearings began.
We
attended the second in the series
of meetings and had no idea that the public was not allowed
to ask questions freely
or query
the members of the city council.
Therefore, we
would like to ask
a few questions now.
1.
What is in this
for Batavia?
Apparently the city of
Batavia began looking at siting a
waste transfer station within
its
municipal limits in 2001, well before they were
approached
by ONYX
in 2003.
Did the
city
ofBatavia solicit ONYX and/or others?
What
advantages does it have for our
community?
West Chicago didn’t see any
benefits, WHY
DO WE?
2.
If
this
waste transfer station is cited at 766 Hunter Drive, there
is apparently a railroad
easement on the property.
Why
not ship out the trash by rail?
3.
When Mr. Poletti
studied the affect the transfer station might have on land values did
he include Batavia neighborhoods along
Kirk
Road or only the adjacent
conimerciallindustrial areas?
Has the
city
hired an appraiser to
confirm that Mr.
Poletti’s opinion are indeed correct?
4.
Did Mr. Hamilton, the traffic consultant hired by ONYX, consider the increased traffic
that we will soon be experiencing with the outlet mall at
188 and Farnsworth and the
possible water park in St. Charles?
He seemed to be talking about traffic only on the
area near the transfer station and ignoring the “big picture.”
5.
What impact will this increased truck traffic have on the longevity of the roads,
especially Kirk. and Fabyan?
We assume
it is we, the taxpayers, who will bear the cost
ofthe increased road maintenance and repairs.
DATE
rVED
TA
VIA
6.
How will empty transfer trailers be restricted from traveling through downtown
Batavia?
7.
Has a study been done about the noise pollution that will be generated by the large
transfer trailers?
There will apparently be 270 ofthese large trucks making two trips
each day along KirkRoad.
8.
Is the city ofBatavia willing to enforce the speed limit on
Kirk
Road to make it a safe
rOute to travel and to reduce noise pollution?
Currently traffic is at least
10-20 mph
over the posted speed limit.
We are deeply concerned about the impact that this waste transfer station would have on
the east side ofour city.
We are disappointed in the lack ofcommunication that there has been
between the city and Batavia residents on this matter.
We are quite
sure that if more Batavians
were aware ofthis that you would fmd a lot ofresistance to this proposal.
Do not turn a deaf ear
to the citizens ofBatavia.
‘Respectfully,
~
£
~
It~Z~
Y
‘John R. Voreis & Kristine S. Voreis
628 Sylvan Place
‘Batavia, Illinois 60510
(630)-879-5039
voreis@avenew.com
cc: Jodie Woilnik
Randy Recklaus
CITY OF BATAVIA
100 North Island Avenue, Batavia,
Illinois 60510
Phone:
(630) 879-1424
Fax:
(630) 879-0710
WILLIAM R. McGRATH
City Administrator
JEFFERY D.
SCI-ILELKE
Mayor
RANDALL R. RECKLAUS
Assistant City Administrator
M. HANNAH VOLK
City Clerk
JOHN S. NOBLE
CityAttorney
~~,RECEIVED
April
27,
2004
‘
~fl~O~’
Mr. and Ms. Voreis
DATE
Batavia, IL 60510
Dear Mr.
and Ms.
Voreis,
I
am
writing
in
response
to
your April
21, 2004
letter
regarding
the
Proposed
Onyx
Waste
Transfer
Station.
Unfortunately, the CityAttorney
has
informed me that I cannot response directly to the questions
you have raised at this time. Until the City Council approves or denies the siting application, and until the
subsequent appeal period has passed,
myselfand other members of the City’s Staff are unable to engage
in
one-on-one discussions
on
the application and the project in general.
The
City
is legally required by
statute to limit discussion and‘questions
and answers to the public hearing process that occurred during
the week of April
12th
and before. As was stated at each of the Public Hearings, and in the Public
Input
Process
Guidelines
made public prior to
the hearings,
questions
had to be
made in the presence of the
entire Pollution Facilities Committee, all
of the interested parties,
and at the designated time and place of
the public hearing as published in the
local newspapers.
Once the City Council
has
approved or denied
the siting application, and the appeal period
has
passed, City staff will
be
able to
engage in discussions
with individual members of the public and the press as we have
for. the past four years.
I anticipate at this
time, the appeal period
will pass sometime
in
July of this year.
I would be
happy to discuss
each of your
questions as well as
any other issues with you at that time.
However,
I will
make your letter
and
this
response part of the
public record
of the
siting
application
proceedings.
I
appreciate
and
understand
that
you
are
concerned
about
the
rigidity of this
process.
Indeed, this process is very different than the City’s normal manner ofdoing business.
However, we
are
limited
to the processes and procedures allowable under law.
Thank you for your interest
in
this project.
Sincerely,
/:~~L~(’
~
Randall
R. Recklaus
Assistant City Administrator
CC: John Noble
May
1, 2004
RECEIVED
CITY OF
BATAVIA
DATE ~
~
~
Randall R. Recklaus, Assistant City Administrator
City ofBatavia
100 North Island Avenue
Batavia, Illinois 60510
Dear Mr. Recklaus:
~
~,,
~,
~çi~i
We recently voiced our concerns to you about the proposed waste transfer,
station to be sited in‘Batavia.
Enclosed is a copy ofyour response.
We don’t believe that our public officials should assume that a lack of
attendance at the public hearings meant that few residents object to this
proposal, rather IF BATAVIANS HAD
KNOWN WHAT
WAS GOING
ON THEY WOULD HAVE BEEN
THERE.
Our understanding was that
the hearings were our first opportunity to voice our opinion.
Instead we found
that public comment, even during these hearings, was next to impossible.
Please, make this letter a part ofthe public record ofthe siting application
process.
-.
Sincerely,
~Ju~
John & Kristine Voreis
628
Sylvan Place
Batavia, Illinois 60510
(630)-879-5039
voreis@avenew.corn
The Honorable Jeffery D. Schielke
May
5,
2004
Mayor, City of Batavia
RECEIVED
~a~~o~5l0
CITY
OF BATAVIA
DATE ~
it~9j
~‘(
Dear MayorSchielke,
‘
/
As aBatavia
resident, businessman and theowner of aproperty adjacent to theproposed solid waste transfer station,
I would like to register.my concerns as partof the public comment period for thesiting process.
I amthePresident of Worldwide Militaria Exchange, Inc.,a business occupying an industrial
condominium! own at
745 Hunter Drive, directly across Hunterfrom the proposed solid waste transfer station site.
I appreciate thatthe City of Batavia is attempting to deal with theimpending closureof Settler’s Hill Landfill, and
provide
its residents with reliable and economical waste collection,whiledevelopinganew source of revenue.
However, I amconcerned abouttheramifications that the solid waste transfer station may pose for the healthand
safety of my employees, and the value of myproperty.
My concerns havecreated questions
in my mind about the Cityof Batavia’splans and policies relativeto the
proposed solid waste transfer station. These include:
.
What is theCity of Batavia’s plan for ensuring thatdebris from thesolid waste transfer station site andpassing
garbage trucksdoes not litter thesurrounding business neighborhood?
•
What system will theCity of Batavia havein placefor neighboring businessesto registercomplaints about
odorsand debris coming from thesolid waste transfer station site?
•
Should surrounding property valuesbe affected by the Waste transfer station, will theCity of Batavia work with
the Batavia Township Assessor’s office,
theKaneCounty Supervisorof Assessments office, theKane County
Clerk’s office and theKane County BoardofReview to effect a reduction in property taxes for thoseproperties
affected?
•
What level of compensationwill be provided to businesses and theirworkers should
peopledevelop
illnesses
related to the presence of the solid waste transfer station?
•
What is the City of Batavia’s plan
for dealing with the dramatic increase in truck trafficthat thesolid waste
transfer station would generate in the surrounding business neighborhood?
It is natural that the City of Batavia aimed to avoidsiting asolid waste transfer station near residential or commercial
areas, because ofthepotential negative effects on people and property values. However, peoplework andspend much oftheir
time in the industrial neighborhoodthat
may becomethe homeof thesolid waste transfer’station. Clearly thesolid waste
transfer station poseshealth and safety risks for the people who work in the industrial park, and may have anegative impact on
property values.
Batavia’s industrial park is
an important partof thecommunity, providing jobs and asolid tax basefor the city and
other units of local government.
-
I amhoping that ifthe City ofBatavia approves the Onyx application to develop and operate asolid
waste transfer
station, that it also will implement policies designed to protectthe health and safety of workers in the industrial park, and to
mitigate the potential reduction in property values.
cc:
City Administrator Bill McGrath
Assistant City Administrator Randy Recklaus
City Attorney John Noble
Email address: into@wwmeinc.com
Member of O.M.R.S., O.M.S.A..
A.S.M.I.C..
O.V.M.S.
Sincerely,
•
CITY OF BATAVIA
100 North Island Avenue, Batavia,
Illinois 60510
Phone:
(630) 879-1424
Fax:
(630) 879-0710
WILLIAM R.
McGRATH
JEFFERY D. SCHIELKE
,
City
Administrator
Mayor
RANDALLR.
RECKLAUS
Assistant City Administrator
M.
HANNAH VOLK
City Clerk
JOHN S. NOBLE
City Attorney
May 11,
2004
Mr. Steve Johnson
P0 Box
745
Batavia, IL 60510
Dear
Mr. Johnson:
I am writing in response to your May
5,,
2004 letter regarding the proposed
Onyx
Waste Transfer Station.
Unfortunately, the
City Attorney has
informed me that I cannot respond directly to the questions you have
raised
at
this
time.
Until
the
City
Council
approves
or denies
the
siting
application,
and until
the
subsequent appeal period
has passed, myself
and other members of the City’s staffare unable to engage in
one-on-one discussions
on the application and the project in general. The City is Legally required by State
statute to
limit discussion and questions and answers to the public hearing process that occurred during
the week of April
12th
and before.
Direct questions had to have been
asked in
the presence ofthe entire
‘Pollution Control Facilities
Committee, all of the interested
parties,
and at the designated time~
andplace
of
the public hearing as published in the local newspapers.
Once the City Council has approved or denied
the siting application,
and the appeal
period has passed,
City staff will be able to
engage in discussions
with individual members of the public and the press as we have
for the past four years. At
this time
it
is
anticipated that the appeal
period will pass
sometime
in July of this year.
I would
be
happy to discuss.
each of your questions
as
well
as
any other
issues
with you
at
that
time.
However,
a
great deal of
information and
documentation of the process thus far is available in the ongoing projects section of the
City’s website at www.citvofbatavia.net. I would
strongly encourage you
to review the documents that
have been made available there, as they may answer manyofyour questions.
As your staff informed me that you will be out of town
until
May
28th,
I will make your letter, as well as
this response part of the public record of the siting application proceedings. That way, your concerns will
get to
the
City Council and
interested
parties and they can
be taken
into consideration
as this
process
continues.
I acknowledge
that
this
process
is
very
different than
the
City’s
normal manner of doing
business
and
communicating
with
residents.
However,
we are limited
to
the processes
and procedures
allowable under law.
Thank you for your interest in this project.
Sincerely,
‘1~”
~
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RECEIVED
,
~
CITY
QF~\T~LA
Randall
R. Recklaus
.
DATE
1
Assistant City Administrator
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A
Petition
for Review/Appeal ofthe Waste Transfer
Station Siting
from Batavia Residents opposed to
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City
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ONYX
Waste Services, Midwest,
Inc. on June 7, 2004.
We the undersigned Batavia Residents do herebyrequest that the Illinois Environmental
Protection
Agency, the Illinois Pollution Control Board, and
the
City ofBatavia
grant
us an Appeal/Review ofthe Waste
••Transfer Station Stiting
in the City ofBatavia underthe doctrine offundamental fairness.
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pray that the hearings
can
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Transfer Station Siting from Batavia
Residents opposed to the
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ofBatavia for
ONYX
Waste Services, Midwest,
Inc. on June 7, 2004.
We the undersignedBatavia Residents do hereby request that the Illinois Environmental Protection
Agency, the Illinois Pollution Control Board, and
the
City
ofBatavia
grant
us
an Appeal/Review ofthe
Waste
Transfer Station Stiting in the City ofBatavia under the doctrine offundamental fairness.
In the alternative,we
pray that the hearings can be reopened.
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A Petition for Review/Appeal ofthe Waste Transfer Station Siting from
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ONYX
Waste Services, Midwest,
Inc. on June 7, 2004.
We the undersigned Batavia Residents do herebyrequest that the Illinois Environmental Protection
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grant us
an Appeal/Review ofthe Waste
Transfer Station Stiting
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Transfer Station Stiting in the City ofBatavia underthe doctrine offundamental fairness.
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We the undersigned Batavia Residents do herebyrequest that the Illinois
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A Petition for Review/Appeal ofthe Waste Transfer Station Siting from Batavia Residents opposed to the
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for
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Waste Services, Midwest,
Inc. on June 7, 2004.
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Page
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APetition
for Review/Appeal ofthe Waste Transfer Station Siting from Batavia Residents
opposed to the
Waste Transfer Station which was approved by the City
ofBatavia for
ONYX
Waste Services, Midwest,
Inc. on June 7, 2004.
We the undersigned Batavia Residents do hereby requestthat the Illinois Environmental Protection
Agency, the Illinois Pollution Control Board, and
the City ofBatavia grant us an
Appeal/Review ofthe Waste
Transfer Station Stiting in the City ofBatavia under the
doctrine
of fundamental fairness.
In the alternative,
we
pray thatthe hearings can be reopened.
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A
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Waste Transfer Station which was approved by the City ofBatavia for
ONYX
Waste Services, Midwest,
Inc. on June 7, 2004.
We the undersignedBatavia Residents do hereby request that the Illinois Environmental Protection
Agency, the Illinois Pollution Control Board,
and the City ofBatavia grant us an Appeal/Review ofthe Waste
Transfer Station Stiting in the City ofBatavia under the doctrine offundamental fairness.
In the alternative, we
pray that thehearings can be reopened.
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County
State
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A Petition for Review/Appeal ofthe Waste
Transfer Station Siting from Batavia Residents opposed to the
Waste Transfer Station which was approved by the City ofBatavia for
ONYX
Waste Services, Midwest,
Inc. on June 7, 2004.
We
the
undersigned Batavia Residents do hereby request that the Illinois Environmental Protection
Agency, the Illinois Pollution Control Board, and the City ofBatavia grant us an Appeal/Review ofthe Waste
Transfer Station Stiting in the City ofBatavia under the doctrine offundamental fairness.
Inthe alternative, we
pray that the hearings canbe reopened.
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ONYX
Waste Services, Midwest,
Inc. on June 7, 2004.
We the undersigned Batavia Residents do hereby request that the Illinois Environmental Protection
‘Agency, the Illinois Pollution Control Board,
and
the City ofBatavia grant us an Appeal/Review ofthe Waste
Transfer Station Stiting in the City ofBataviaunderthe doctrine offundamental fairness.
Inthe alternative,we
pray that the hearings can be reopened.
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Address
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County
State
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for Review/Appeal of the Waste Transfer Station Siting from Batavia Residents opposed to the
Waste Transfer Station whichwas approved by the City ofBatavia for
ONYX
Waste Services, Midwest,
Inc. on June 7, 2004.
We the undersigned Batavia Residents do hereby request that the Illinois Environmental Protection
Agency, the Illinois Pollution
Control Board, and the City ofBatavia grant us an Appeal/Reviewofthe Waste
Transfer Station Stiting
in the City ofBataviaunder the doctrine offundamental fairness.
In the alternative, we
pray that the hearings can be reopened.
Name
S
Address
City
County
State
1.
5
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Page
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CiTY
OF BATAVIA CITY COUNCIL RESULTS FOR
JUNE
7, 2004
100 N. IslandAve., Batavia, Illinois~c~(630)
879-1424~D~Fax
879-0710
http://www.cityofbatavia.net/
ITEM
DESCRIPTION
VOTE
ROLL CALL
Council
convened
at
7:30
p.m.
and
the
Mayor
and
all
fourteen alderpeople were present
—
PRESENTATION
Fish
and
More,
a
Riverwalk
project—for
more
information
contact Craig Foltos at
879-5253
—
PRESENTATION
ROTARY CLUB
Two
students
from
the
Rotaiy
International
Youth
Exchange
Program,
a
student
from
Thailand
and
a
student
from
France,
talked
about
their
cultural
experience
here.
For more information
contact
Mark Allen at232-2149
-
APPOINTMENT
Paid
on
Call
Recruit--James
Buenrostro
(Schielke 5/24/04)
14/0
OATH
Swearing
In
Full-time
Firefighter/Paramedic
Casey
Balsitis
(Schielke 5/24/04)
—
MOTION
Yolk
moved
that
The
Pollution
Control
Facility
Committee
(the
“Committee”)
“has
conducted
a
public
hearing
and
received
evidence
for
purposes
of eliciting
public
comment
and
evaluation
of the Application.”
14/0
MOTION 2
Volk
moved
that
“the
Committee
has
accepted
and
considered
all
written
comments
delivered
or
postmarked
within
30
days of
the last day
of the public
hearing.”
14/0
MOTION 3
Volk
moved
that
“the
Committee
has
reviewed
the
Application
in
light
of
the
criteria
established
for
consideration
of
siting
of
pollution
control
facilities
in
Section
39.2
of
the
Illinois
Environmental
Protection
Act,
and,
to
the
extent
applicable,
the
provisions
of the
City
of
Batavia Pollution Control Facility Siting Ordinance.”
14/0
MOTION 4
Volk
moved
that
“The
Committee
has
jurisdiction
to
rule
on
the
Onyx
Waste
Services
Midwest,
Inc.
Application for
siting
approval
of
a
pollution
control
facility
based
upon
the
Applicant’s
proper
notification
as
provided
by
Section
39.2
of
the
Illinois
Environmental
Protection
Act
and
the
City
Ordinance
as
they
pertain
to
the
persons
and
entities
that
appear
on
the
authentic
tax
records
of the
County
of
Kane,
as well as
such
other
notice
requirements
set
forth in
these
statutory
provisions.
Further,
that
the
hearing
was
held
on
this
Application
was
conducted
in
a
fundamentally
fairmanner.”
14/0
Page 2
City
ofBatavia
City
Council
Results for June 7, 2004
ITEM
DESCRIPTION
VOTE
CRITERION
#
Volk
moved
that
The
proposed
Onyx
waste
transfer
station,
(the
“Facility”)
“is
necessary
to
accommodate
the
waste needs ofthe area it is intended to serve.”
14/0
CRITERION
#2
Yolk
moved
that
“The Facility
is
so
designed,
located,
and
proposed
to
be
operated
that
the public
health,
safety,
and
welfare will be protected.”
12/2
Hart
Woilnik
MOTION
CONCERNING
CRITERION #2
Volk
moved
that
“we impose
conditions
1
through
16a
on
criterion
2 as
set
forth
in
Resolution
04-27-R.
The Council
further
finds
that
the
above
conditions
should
be
imposed
as
being
reasonable
and
necessary
to
accomplish
the
purposes
of
Section
39.2
of
the
Illinois
Environmental
Protection
Act,
the
Act,
and
that
such
conditions
are
not
inconsistent
with
regulations
promulgated
by
the
Illinois
Pollution
Control
Board,
the
Board,
concerning
this
type
of
pollution control facility.”
14/0
CRITERION #3
Yolk
moved
that
“the Facility
is
located
so
as to
minimize
incompatibility
with
the
character
of
the
surrounding
area
and
to
minimize
the
effect
on
the
value
of the
surrounding
property.”
14/0
MOTION
CONCERNING
CRITERION #3
Yolk
moved
that
“we
impose
conditions
17
through
23
on
criterion
3
as set
forth
in
Resolution
04-27-R.
The Council
further
finds
that
the
above
conditions
should
be
imposed
as
being
reasonable
and
necessary
to
accomplish
the
purposes
of
Section
39.2
of
the
Illinois
Environmental
Protection Act
and
that
such
conditions
are not
inconsistent
with
regulations
promulgated
by
the
Illinois
Pollution
Control
Board
concerning
this
type
of
pollution
control
facifity.”
14/0
CRITERION #4
Yolk
moved
that
“the
Facility
is
located
outside
the
boundary
of
the
one
hundred-year
floodplain
or the
site
is
flood-proofed.”
14/0
CRITERION #5
Yolk
moved
that
“the plan
of
operations
for
the
Facility
is
designed
to
minimize
danger
to
the
surrounding
area
from
fires,
spills,
or other operational accidents.”
14/0
MOTION
CONCERNING
CRITERION #5
Yolk
moved
that
“we
impose
conditions
24
through
29a
on
criterion
5
as
set
forth
in
Resolution
04-27-R.
The Council
further
finds
that
the
above
conditions
should
be
imposed
as
being
reasonable
and
necessary
to
accomplish
the
purposes
of
Section
39.2
of
the
Illinois
Environmental
14/0
100 N. Island Ave., Batavia, Il1inois~O~(630)
879-1424~Fax879-0710
http://www.cityofbatavia.net/
L
City of Batavia City Council Results
for June 7,
2004
Page 3
ITEM
DESCRIPTION
VOTE
MOTION CONT
Protection
Act
and
that
such conditions
are
not
inconsistent
with
regulations
promulgated
by
the
Illinois
Pollution
Control
Board
concerning
this
type
of
pollution
control
facility.”
CRITERION #6
Yolk
moved
that
“the traffic
patterns
to
or
from
the
facility
are
so
designed
so
as
to
minimize
the
impact
on
existing
traffic flows.”
14/0
MOTION
CONCERNING
CRITERION #6
Yolk
moved
that
“we
impose
conditions
30
through
34
to
criterion
6
as
set
forth
in
Resolution
04-27-R.
The Council
further
finds
that
the
above
conditions
should
be
imposed
as
being
reasonable
and
necessary
to
accomplish
the
purposes
of
Section
39.2
of
the
Illinois
Environmental
Protection
Act
and
that
sich
conditions
are
not
inconsistent
with
regulations
promulgated
by
the
Illinois
Pollution
Control
Board
concerning
this
type
of
pollution
control
facility.”
14/0
CRITERION #7
Yolk
moved
that
“if
the
facility
will
be
treating,
storing,
or
disposing
of hazardous
waste,
an
emergency
response
plan
exists
for
the
facility,
which
includes
notification,
containment,
and
evacuation
procedures
to
be
used
in
the
case ofan accidental release.”
14/0
CRITERION
#8
Yolk
moved that
“if the
Facility
is
to
be
located h a county
where
the
County
Board
has
adopted
a
solid
waste
management
plan
consistent
with
the
planning
requirements
of
the
Local
Solid
Waste
Disposal
Act
or
Solid
Waste
Recycling
Act,
the
facility
is
consistent
with
this
plan.”
14/0
CRITERIA
#9
Yolk
moved
that
“if
the
facility
will
be
located
within
a
regulated
recharge
area,
any
applicable
requirements
specified
by
the
Pollution
Control
Board
for
such
areas
have been met.”
14/0
UNNUMBERED
CRITERION
Yolk
moved
that
“the
City
Council
has
considered
as
evidence
the
previous
operating
experience of the
applicant
and
past
record
of convictions
or
admissions
of
violations
of
the
applicant
when
considering
criteria
(ii)
and
(v)
of
415 ILCS 5/39.2(a).”
14/0
100 N. Island Ave., Batavia, I11inois~(630)879-1424~c~Fax
879-0710
http://www.cityofbatavia.net/
5.....
Page 4
City
of
Batavia
City Council
Results for June 7, 2004
iTEM
DESCRIPTION
VOTE
MOTION
Yolk
moved
that
“the
Council,
based
upon
its
findings
herein,
hereby
recommends
local
siting
approval
for
the
pollution
control
facility
proposed
in
the
Application
to
be
granted.”
12/2
Hart
Wolinik
RESOLUTION 04-27-R
Resolution
Of
The
City
Of
Batavia
Council
Concerning
The
Onyx
Waste
Services
Midwest,
Inc.
Application For A
Pollution Control Facility
12/2
Hart
Woilnik
ORDINANCE 04-24
Final
Plan
Approval
for
Planned
Development--Don
Manuel Restaurant
1900 Mill Street (Tarum 6/1/04)
14/0
ORDINANCE
04-35
Authorizing
Membership
in
Northern
Illinois
Municipal
Power Agency (NIMPA)
(Yejvoda 5/18/04)
14/0
ORDINANCE 04-37
Reducing
the
Number
of
Class
D
and
Class
D- 1
Liquor
Licenses (Anderson5/27/04)
14/0
ORDINANCE 04-38
An
Ordinance Amending
Ordinance
03-55
as
Amended
to
Include the Position ofGIS Analyst
(Recklaus 6/2/04)
14/0
RESOLUTION 04-2-R
Resolution
for
Maintenance
of
Streets
and
Highways
Utilizing MFT Funds
(Basquin 6/2/04)
14/0
RESOLUTION 04-26-R
Authorizing
Execution
of
Kane
County
Department
of
Transportation Right-of-Way
(Dillon
5/26/04)
14/0
APPROVAL
2004
Tree
Trimming/Line
Clearance
Contract
with
DeMar
Tree & Landscape at $113 per hour (Yejvoda
5/
20/04)
14/0
APPROVAL
Authorize
a
Firework
Pennit
for
July
4,
2004
Fireworks—
Roger Breisch (Darin 5/24/04)
14/0
APPROVAL
Carnival
Permit
for
the
Batavia
Park
District
for
Windmill
City
Fest
July
9th
and
10th
on
Houston
St.
(Anderson
5/27/04)
14/0
MOTION
To Waive the $200 Carnival Permit Fee
14/0
APPROVAL
Approving
the
Road
Closures
for
the
Batavia
Triathlon
si-i
Sunday,
July
l3t1~between
6:30
and
11:00
a.m.
The
roads
are:
Shumway
from
Wilson
to
First;
Island
from
Wilson
to
Houston;
Houston
from
Water
to
Island;
Jefferson
from
Main
to
McKee;
McKee
from
Jefferson
to
Randall;
Water
from
Union
to
Main;
and
First
from
Water
to
Shumway.—
(Basquin 6/2/04)
14/0
100 N. Island Ave., Batavia, Illinoisc~(630)
879-1424~c’Fax879-0710
http://www.cityofbatavia.net/
•
~
City of Batavia City Council Results for June 7, 2004
Page
5
100 N. Island Ave., Batavia, IIlinois~(630)879-1424~c’Fax
879-0710
http://www.cityofbatavia.net/
ITEM
DESCRIPTION
VOTE
BA TAVIA
TRIA THLON
APPROVAL CONT
Note:
The
intersections of Main
at Rt.
31
and
Wilson at Rt.
25 will also be closed (Resolution 04-20-R—4/19/2004)
The
event begins
with
a
500-meter swim at
6:30
a.m.
Both
the
biking
and
running
portions
of the
Event
begin
at
the
Quarry
and
the
grand
finish
is
on
Houston
Street
by
the
Pond.
The
4-mile
running
route
mainly
uses
the
bike/pedestrian
path
on
the
east
and
west side
of the
river
from
Houston
to
Causeway
Island.
The
16-mile bike
route
is a ioop from the Quarry to west of the City.
If
interested
in
volunteering
to
help
with
this
event,
please
meet
at
11
a.m.
on
Saturday,
June
1
2th
in
the
Council
Chambers
or
at
5:30 a.m.
on
Sunday
morning
at
the
Quarry.
EXECUTIVE
SESSION
Motion
to
enter
into
Executive
Session to
discuss
litigation
at 9:14 p.m.
14/0
RECONVENE
Council
reconvened
with
the
Mayor
and
all
the
Alderpeople at
9:26 p.m.
—
ADJOURNMENT
Motion to Adjournat 9:27 p.m. by voice vote
14/0
NOTICE OF PUBLIC MEETINGS
GROUP
DAY
DATE
TIME
PLAN COMMISSION
Wednesday
June 9, 2004
7:30 p.m.
GOVERNMENTAL SERVICES COMMITTEE
Wednesday
June
16
7:00 p.m.
COMMUNITY DEYELOPMENT COMMITTEE
Wednesday
June
16
7:30 p.m.
HISTORIC PRESERVATION
COMMISSION
Monday
June 21
5:30 p.m.
CITY COUNCIL
Monday
June 21
7:30 p.m.
OPEN HOUSE—Cross
Town
Water Main Project
Wednesday
June 23
7 to
9 p.m.
PLAN COMMISSION—In the Great Room
Wednesday
June 23
7:30 p.m.
