CLERK’S OFFICE
FEB
13
2004
STATE OF ILLINOIS
BEFORE THE ILLINOIS POLLUTION CONTROL BOA1~llution
Control
Board
SALINE COUNTY LANDFILL, INC.,
)
)
PETITIONER,
)
)
v.
)
No.
PCB 04-117
)
(PERMIT
APPEAL)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
RESPONDENT.
)
PETITIONER’S RESPONSE TO COUNTY OF SALINE’S MOTION TO INTERVENE
Comes now Saline
County Landfill,
Inc.,
and objects to the County of Saline’s Motion
to
Intervene, per
35
Illinois Administrative Code
101.402.
1.
This
response
is
timely,
per
35
Illinois
Administrative
Code
101.302(b)(2)
and
101.500(d).
The certificate of service on the motion
to
intervene is
dated January 27, 2004.
A
party’s response is due
in the mail no earlier than February
10.
2.
Per
35
Illinois Administrative Code
101.402(e), “the Board may limit the rights of the
intervenor asjustice mayrequire.
The limits may include providing that: theintervenor is bound by
Board and HearingOfficerOrders already issued or by evidence already admitted; that theintervenor
does not control any decision deadline; and that the intervenor can not raise issues that were raised
or might more properly have been raised at an earlier stage of the proceeding.”
3.
The hearing is set by Hearing Officer Order for March 3, 2004.
The Parties have 28 days
to respond to discovery, per
35
Illinois Administrative Code
101.618 (a),
and
101.620(b).
4.
Based upon
the above-stated regulatory deadlines,
and the hearing date Ordered
by the
HearingOfficer, theproposed intervenor can not submit interrogatories, requests to admit, orsimilar
discovery, without delaying the hearing, unless
a separate Order shortening discovery deadlines is
consented to or otherwise entered.
5.
Contrary to theinferences in paragraphs 3 and 5 ofthe motion to intervene, Saline County,
as represented by the Saline
County Board,
repeatedly expressed support
for the expansion ofthe
Saline County Landfill, the ultimate issue in this permit appeal.
See attached minutes ofthe Saline
County Board meeting ofFebruary 27, 2003.
See local siting approval ofthe Saline County Board
ofNovember 21, 1996, not attached but in the record.
See attached correspondence from the Saline
County Chairman
and Chair of the Landfill Committee to the Environmental Protection Agency.
See
attached certification of local
siting dated March
26,
2003.
All
these documents are in
the
record, and therefore do not require independent verification in this response to motion.
Therefore,
unlimited participation by the State’s Attorney in this appeal, is not necessaryto protect the citizens
of
Saline
County
from
material
prejudice
or
adverse
effect.
35
Illinois
Administrative
Code
101 .402(d)(2).
Therefore, the Petitioner, Saline County Landfill,
Inc., objects to the motion to intervene by
the
Saline County State’s Attorney.
Should the motion to intervene be allowed, Petitioner requests
an Order limiting the participation ofthe intervenor in this
proceeding, ruling as follows:
a.
In the interest ofavoiding unnecessarydelay, that the proposedintervenorbe barred from
serving discovery, interrogatories, and requests to
admit.
b.
That the proposed intervenor be bound by any Hearing Officer or Board
Orders already
issued.
c.
That the intervenor does not control any decision deadline.
d.
That theproposed intervenor can not raise issues that were raised ormight properly have
been raised at an earlier stage of the proceeding and
e.
For such other and further relief as the Hearing
Officer or Board deem fair, just,
and
equitable.
~
Lueders, Robertson & Konzen LLC
1939 Delmar, P.O. Box
735
Granite City, Illinois 62040
Phone: (618) 876-8500
ARDCNo.:
06187626
.1e/e9/2e~3 13:SB
6189593441
MIDWEST
WASTE
PAGE
83
Saline County
Board
Met:
Called To Order:
Charles
Simpson
RegularScheduled Meeting
Roll Call:
Willie
McClusky
February 27. 2003
Prayer:
Dylan Luce
Pledge:
DaleFowler
Meeting called to
order by Chairman Simpson
with
all members present except Russell
Duncan
Bob
Oglesby made a motion to approve
the minutes of the
previous meeting.
Blake McConnell
seconded the motion,
all
in favor, motion carried.
Dylan Luce made a motion
to
approve the agenda.
Georgia Cowger seconded
the
motion,
all
in
favor, motion carried.
Kerry Camp made
a motion
to accept
the Treasurer’s Report.
Bruce Allen seconded
the motion.
ROLL
CALL VOTE, all members voting aye, motion
carried.
Ke~
Camp
made a motion
to authorize
the T~asurer
to
secure
an
antidpation w~antin
the
amount
up
to
$100,000.
Bruce
Allen
seconded
the
motion.
ROLL
CALL
VOTE,
all
members
voting aye except Bob Oglesby who voted nay, motion carried.
Kerry Camp made
a
motion
to
approve
the Transfer of
Claims.
Mike
M.ilstead
seconded
the
motion. ROLL CALL. VOTE, all members voting aye, motion
carried.
Dyan
Luce presented clthms
forreimbursement of some methcal insu~ncepremiums.
After an
explanation by
Rod
Wolf
concerning
this
claim,
Dylan
Luce made
a
motion
to
approve
all
claims.
Ryan
Lambert
seconded
the
motion.
ROLL
CALL
VOTE,
all
members
voting
aye.
motion carried.
Chuck
ingram
reported
that
the
Landfill
Committee
met
in
January
with
Egyptian
Health
Department
Chuck
Ingram stated that
the
Landfill
Committee learned
that
an
assistant State’s
Attorney had been appointed by the Saline County Board to
monitor
the
Saline
County
Landfill.
The Landfill Committee recommended that Mr. Hedingers appointment be withdrawn.
Chuck Ingram made
a
motion
to
res&nd the
appointment
of Mr.
Hedinger as
Assistant
State’s
Attorney for Environmental
Affairs.
Ryan Lambert
seconded
the
motion,
ROLL
CALL
VOTE,
all members voting aye, motion carried.
There
was a discussion
concerning the
Saline County Landfill
permit.
Representatives from
the
Saline County
Landfill stated that
the
County
was
losing
$175.000
dollars
per
year
due
to
the
closing
of
the
landfilL
Chuck
Ingram
made
a
motion
that
a
letter
be
sent
to
give
Saline
County
Landfill
the
right
to
pursue
a
permit
as lone
as
they meet
all
environmental
requirements.
Ryan
Lambert seconded
the
motion.
ROLL
CALL
VOTE, with
the
following
members voting aye, Kerry Camp, Dale
Fowier.
Chuck
Ingram.
Ryan
Lambert and
Dylan
Luce.
Casting
nay
votes
were
Bruce Allen.
Georgia Cow~er
arid
Bob O~Iesbv.
Blake
McConnell
Mike Mistead
and
Sue
Myers
abstained,
motion
carnec.
Kerrv
C~rrip
reported
for the Ne~otiatingCorrirnjti.ee.
A
tentauve settlement
has
been
reached
with
t~ieCity of Hamshur~on
the
Intergovernmental
Agreement
on
the
911
Central
Dispatch
Ccintrac;
\O
~ctic~n
~~istaken
at
th~s
time.
~
a—9I.~AJ.NOW
L8Z9~GZ8t9
8t:t~ £8~/8E/62
OCT 89
‘03 15:46
6189989441
P~GE.03
PAGE
84
i~/~/~~3
13:88
6199999441
MIDWEST WASTE
-—
Dale Fowler made a
motion
to
approve
Resolution
R03-04
(furnishing
Materials required for
Maintenance 2003).
Bruce
Allen seconded the motion.
ROLL
CALL VOTE, all
members
voting
aye,motion carried.
1•
Dale
Fowler
made
motion
to
approve
Resolutions
R03-05,
R03-06.
R03-07
and
R03-08
(Resolutions
involvIng
improvements
to
County
Highways
1,
30,
37
and
18). Georg~aCowger
seconded the motion, ROLL CALL VOTE, ail members voting aye, motion carried.
Georgia
Cowger made a
motion
to
concur
with
Chairman
Simpson’s
following
appointments;
Bob Oglesby seconded the motion,
all
in favor, motion carried.
SALINE COUNTY HOUSING
AUTHORiTY
Michael Richey
replacing Jesse
Rister
expires February 2008.
Carolyn
Henshaw
replacing Nena Thompson
expires October 2003
Bob
Oglesby
made
a
motion
to
adjourn
until
March
27,
2003
at
7:00
px~i.Georgia Cowger
seconded the motion,
all
in
favor, motion can-ied.
Charles
“Bimp” Simpson Saline
County
Board Chairman
A1TEST:
Willie McClusky.
Saline
County Clerk
~
a~5I~
AINOW
Et:12
£20~/8~/60
OCT 09
‘03 15:46
6189999441
P~GE.04
OCT—0?-2003
14:06
STS CONSULTANTS
21? 525 3784
P.0?/09
CERTIFICATION OF SITING APPROVAL (LPC-PA8)
Name ofApplicant for
Siting
Address of
Siting Applicant:
Name
ofSite:
____________________________________
Site Number (if assigned):
1858080001
Site Information: Nearest Municipaiity~
Harrisburg
County:
Saline
Unitof local
government
from which siting approval was obtained:
Saline County
Board
1
~
November21,
1996
.~axx,~
County Board
of
(Governing
body of county
or
municipality)
appmved
the site
location suitability
of
Saline
County Landfill
(County or municipality)
(Nameof
site)
as a new pollution control
facility in accordance with Section 39.2 of the Illinois Environmental Protection Act.
Ill.
Rev. Stat.,
ch
111 !~z
,
Section
1039.2.
2.
The
Illinois EPA may
need
to
verify
the
information on this
form, please
indicate a
person
from the unitof
local
government (“siting authority”) whom a representative
from the Illinois EPA may contact regarding-this-approval:
Charles S1~pson,County Board Chair~an,(618)
252—6905
(Name, title,
and
telephone number)
3.
Identify the type ofacuvity(ies) for which
local
siting approval
was
obtained:
waste storage
(
),
sanitary landfillL~
,
waste
disposal
(...........J
.
waste transfer (~
),
waste
treatment
(__)
, waste
incinerator
(_____
4.
Did
the
local siting authority
approve
the acceptance of
special
waste?
Yes
....~..
No
—
Did the
local
siting authority approve the
acceptance of hazardous
waste?
Yes
No
...~..
5.
Attached
to
this certification
is
a
true
and
correct statement of
the
legal descriptions
of the site as
it
was
approved by the
aforementioned
local
siting authority.
Yes
...~_.
No
_____
(Note:
A
legal description must be attached to this
document,
by the local siting authority, to make the application
complete)
6.
Did
the
local siting
authority
impose any specific
condition(s)?
Yes_.,
No
...~..
If yes,
is a
copy of the conditions
attached
to
this
form?
Yes
—
No
—
(l4ote:
These
conditions
are
provided
for
information
only to
the
Illinois
EPA.
The Illinois EPA
~s
not
obligated
to monitor nor enforce local conditions.)
SalIne County Landfill
Saline
County
Landfill,
Inc.
-
5000
Wtutesvllle
Road,
Harrisburg, IL 62946
-
(Date)
Saline
OCT
0?
‘03
15:40
217 525 3784
PAGE.07
OCT—0’~-2~.183 14:06
STS
CONSULTANTS
21?
525
3784
P.09/OS
St.
7.
ThIs
Item is applIcable
only
to
landfills
or
disposal sites.
Was a
lczat description
of’
horizontal
and
vertical
waste
boundaries approved?
Yes
—
No
.~.....
N/A
_____
(i.e., the waste
envelop).
•
If no,
is there a maximum
disposal
capacity
approved?
(i.e.,
the
waste
envelop).
Yes
—
No
~._.
N!A_____
If
either
ofthe
questions
under #7
above
was answered yes,
the
legal description or maximum capacity inUsibe attached
to this form by the local siting authority to snake
the application complete.
‘S
8.
The undersigned has been authorized by the
County
Board
—
of
(sitingauthority ofcounty or municipality)
Saline
to
execute
this certification on
their
behalf.
(county or municipality)
Name:
C~/f/ef
~
-
Title:
~
~4~’0~
~
SUBSCRIBED
AND SWORN TO
BEFORE ME
SEAL:
this~J~.
day
of
, 20.t~3
CHERRIE W. WIUIAMS
NO’rARY PUBLIC
STATE OF’
ILLINOIS
1/~Lj~
(,,)
I)JJJ__~~_,~
L~m~5b010~03.2D0~J
Notary Public
CLj~b~tnewPA8.dcc
February
2003
OCT
0?
‘83
15:48
217
525
3784
PAGE.08
MIDWEST
WASTE
‘18/89/2083
13:08
6189989441
BJaA~t
McConnell.
Vice
Cho.1rr.uan
Rn~e(lien
Xe~y
Cw~p
Georg~o
Cowger
Rvr,eII Duncan
.DoJr Fowier
£41.WECoumY
Bo~*x
Cle~~
Ck.~vuwn
SALINE COCATY
COURTHOUSE
JOE POPLAR STSTE 26
H.4RRJSBURG IL 62946
Telephone:
(618) 252-6903
Fax: (618)252-6905
V
October
29,
2002
~
~L6i
9
Illinois Enviromnaital Protect cm
Agency
1021
N. Grand East
Springflald,
IL
62794
Axirt
Joyce
Motile:
Dear Ms. Munie:
Tbis letterserves ~
a~,port
from the Saline County Board forthe renewal ofthe
pesent
permit of
Saline County Landfill ~
also for
the
new
expansion permit
that will be
forthcoming,
as long as all EPA requirements arc meet.
Ifwe van be ofany further
assistance
p1en~e
let us know.
Charles
Ingram,
landfill
Committee
CS/hd
G13L~A1NO~
L2ZSZ.53819
PAGE
87
Ch~1es!neram
Rvô~
Lamoert
Dyian Liwe
.~1Ikz
Mit
uead
Sue ~ers
Cnaries
OgJe~w,v
89
ST:T9
E99~/2~/60
OCT 09
‘03 15:4?
6189989441
PAGE.07
RECE
WED
CLERK’S
OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
FEB
13
200’t
SALINE COUNTY LANDFILL, INC.,
)
)
PETITIONER,
)
)
V.
)
No.
PCB 04-117
)
(PERMIT APPEAL)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
RESPONDENT.
)
STATE OF ILLINOIS
PoIIut~on
Control Board
NOTICE OF FILING
Joim Kim,
Esq.
Division ofLegal Counsel
Illinois Environmental Protection Agency
1021
North
Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Carol Sudman, Esq.
Hearing
Officer
Illinois Pollution Control
Board
1021
North
Grand Ave. East
P0Box 19274
Springfield, Illinois 62794-9274
Rod Wolf
Saline County State’s Attorney
10 E.
Poplar
Harrisburg, Illinois 62946
Please take notice that
I have today filed Petitioner’s response to
motion to intervene, and
certificate of service, on behalf of Saline County Landfill,
Inc., copies ofwhich
are herewith served
upon you.
Brian E. Konzen, Esq.
Lueders, Robertson, Konzen LLC
1939
Delmar, P.O. Box
735
Granite City, Illinois 62040
Phone: (618) 876-8500
ARDCNo.:
06187626
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FEB
132004
STATE OF ILLINOIS
SALINE COUNTY LANDFILL, INC.,
)
Pollution Control
Board
)
PETITIONER,
)
)
v.
)
No.
PCB 04-117
)
(PERMIT APPEAL)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
RESPONDENT.
)
CERTIFICATE OF SERVICE
I, the undersigned,
certif~,’
that I have served the attached response to motion
to
intervene,
by first class mailingupon the followingpersonsby depositingsarne in a US Post Office box at 5:00
PM
in
Granite City, IlL, with
first class postage fully prepaid and the envelopes addressed to the
following persons, on this /t~2~day
of
February,
2004.
JoIm Kim, Esq.
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O.
Box
19276
Springfield,
Illinois 62794-9276
Carol Sudman, Esq.
Hearing Officer
Illinois Pollution Control Board
1021
North Grand Ave. East
P0 Box
19274
Springfield, Illinois 62794-9274
Rod Wolf
Saline County State’s Attorney
10 E. Poplar
Harrisburg, Illinois 62946
~
Brian Konzen
OFPC~
C~B13
2004
BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD’
‘
TATE OF ILLINOIS
SALINE COUNTY LANDFILL, INC.,
)
pollution
Control Board
)
PETITIONER,
)
)
v.
)
No.
PCB 04-117
)
(PERMIT
APPEAL)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
RESPONDENT.
)
RECYCLED PAPER CERTIFICATION
I, the undersigned, verif~,’
that the foregoingresponses to motion to intervenewas printed on
recycled paper.
Brian Konzen/