ILLINOIS POLLUTION CONTROL BOARD
January
8,
1981
DONALD
J.
HAMMAN,
)
Petitioner,
v.
)
PCB 80—153
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
Respondent,
AR.
JOSEPH
H.
BARNETT
AND
MS.
TRIS
NICHELS,
PUCKETT,
BARNETT,
LAR-
SON, MICKEY, WILSON
& OCHSENSCHLAGER,
APPEARED
ON BEHALF OF THE
PETITIONER.
MS.
MARY
DRAKE,
ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
OF THE RESPONDENT.
OPINION
AND
ORDER
OF THE
BOARD
(by D.
Satchell):
This
matter
comes
before
the
Board
upon
a
petition
for
review
filed
August
22,
1980
by
Donald
J.
Hamman.
The
petition
requests
review of the denial by the Illinois Environmental Protection
Agency
(Agency)
of
a
development
permit
for
a
sanitary
landfill
to be located in Will County.
A public hearing
was held December
1, 1980
in Joliet.
There
is no
indication of public participation
in the hearing and the Board has received no public comment.
On March 25, 1980 Donald
3.
Hainman made application to the
Agency to develop a
sanitary landfill on
a 145 acre site in the
SW
¼
of Sec.
17,
T.
37 N.,
R.
9 E.,
3
PM,
Will County.
The site
is situated on “111th Street,~an east—west road situated between
Route
30 and Illinois Route 59.
On July 21, 1980 the Agency denied the application
for a
developmental permit.
The letter cites Rules
314 and 316(a) (4)
of
Chapter
7:
Solid
Waste.
On
November
25,
1980
the
parties
stipulated
that
Petitioner
has met and satisfied all other pro-
cedural and substantive requirements necessary for issuance of
the requested permit.
The denial “was based solely upon Petition-
er’s failure to present any evidence of agreement by the Wheatland
Township Road Commissioner for the upgrading of 111th Street in
accordance with specifications set forth in the April 25, 1980
traffic
analysis
of
111th
Street
prepared
by
Planning
Horizons,
Inc.”
*The petition indicates Township
47 North, which is
in
T~isconsin
The description given
is inferred from maps.
40—255
—2—
One hundred and eleventh street is
a rural road under the
jurisdiction of Wheatland Township, Will County.
Petitioner ad-~
mits that one and one-fourth miles of this are inadequate for the
proposed truck traffic
(R.
7).
One hundred and eleventh street
consists of four segments from west to east as follows:
1.
Route 30 to main entrance
.....,
3700 feet
2.
Entrance to
Norman
Town Road
,
.
.
.
800 feet
3.
Norman Town Road to Blacktop
.
.
.
.
1000 feet
4.
Blacktop to Route 59
distance not given
Petitioner has done engineering studies for 3780
feet of the
road from the west, from highway 30 to the entrance
(R.
22).
The
estimated cost would be $250,000
(R.
31).
Petitioner has offered
to improve this roadway at his expense but has received no re-
sponse from the Township
(R.
13,
18).
Petitioner expects 75
of
the traffic from this direction
CR. 26).
Roadway improvements
to the east of the main entrance have not yet been designed al-
though the costs per lineal foot would be less
(R.
31).
Rule 314(b)
provides as follows:
Except as otherwise authorized in writing by the Agency, no
person shall cause or allow the development or operation of
a sanitary landfill which does not provide:
.
.
.
roads
adequate to allow orderly operations within the site.
Rule 314(b)
relates only to roads and operations within the
site.
The roads in question are not within
the site.
Rule 316(a) (4)
requires that the permit application include
“land use
and
population density of the proposed sanitary land-
fill site and of the area surrounding the site within one mile
of the site boundaries.”
This Rule makes no direct reference to
roads off the site.
The Board holds that neither
Rule 314 nor Rule
316(a) (4),
nor the combination of the two,
is a sufficient reason to deny
the permit under the circumstances
in this case,
This result is
based upon an interpretation of existing Board rules.
The Board further notes that the issue in this case is re-
stricted by the stipulation and denial letter to a question of
whether Rules
314(b)
or 316(a) (4)
constitute a per se rule re-
quiring denial of the permit where off-site roads
are inadequate.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
40—256
—3—
ORDER
This matter is remanded to the Agency for
issuance of a
development permit subject to lawful conditions,
IT IS SO ORDERED,
I, Christan L.
Moffett, Clerk
of
the Illinois Pollution
Control Board, hereby certify that the above Opinion and
Order
were adopted on the Y~’ day of
1981
by
a
vote
of
L1~./
,
/
~
I
I
~
Clerk
Illinois Pollution Control Board
40—257