BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN
THE MATTER OF:
Petition for Adjusted
Standard
from 35
Ill.
ADM. CODE 620.420
For Nobel Risley's Landfill #2
)
)
)
)
)
)
)
AS OS-003
(Adjusted Standard-Water)
NOTICE OF FILING
To:
Mr. James Kropid
Division
of Legal Counsel, #21
Illinois Enviromnental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794
Carol Webb
Hearing Officer
Illinois Pollution Control
Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois 62794
PLEASE
TAKE NOTICE that today I have filed with the Office of the Clerk of the
Pollution Control Board a
FILING OF PROOF THAT DOCUMENTS SERVED TO
RESPONDENT ARE IDENTICAL TO DOCUMENTS FILED WITH THE BOARD in the
above-titled matter. Copies ofthese documents are hereby served upon you.
Respectfully submitted,
Nobel Risley
By:
LIVINGSTON LAW FIRM
/s/ Penni S. Livingston
DATED: October
12, 2007
PENNI S. LIVINGSTON #06196480
Attomey for the Petitioner
pelmi@livingstonlaw.biz
5701 Perrin Road
Fairview Heights, IL 62208
Telephone 618-628-7700
Fax 618-628-7710
Electronic Filing, Received, Clerk's Office, Octobr 12, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
Petition for Adjusted Standard
from 35 Ill. ADM. CODE 620.420
For Nobel Risley's Landfill #2
)
)
)
)
)
AS 08-003
(Adjusted Standard-Water)
FILING OF PROOF THAT DOCUMENTS SERVED TO
RESPONDENT ARE
IDENTICAL TO DOCUMENTS FILED WITH THE BOARD
NOW COMES
the Risley Landfill #2 ("Risley"), by and through its attomey, Penni
S.
Livingston, of the Livingston Law Finn, and in its
Filing of Proof that Documents Served to
Respondent are Identical to Documents Filed with the Board,
states as follows:
1. For the past several months, Petitioner has attempted to work closely with Illinois
EPA in finding ways to certify closure of its landfill in an expeditious manner consistent with the
Illinois EPA regulations. See Exhibits A and B.
2. On or about September 12, 2007, copies of a Notice of Filing, an Appearance, a
Petition for Adjusted Standard, a Motion for Expedited Review, and a Motion to Allow Filing
of
Less Than Nine Copies, were properly served by U.S. Mail to the Illinois Enviromnental Protection
Agency's ("Illinois EPA") Division
of Legal Counsel. These documents were received by Illinois
EPA Division of Legal Counsel on or about September 13, 2007.
3. This mailing sent by Petitioner did not include the "Technical Justification for an
Adjusted Standard for Chlorides in Ground-water"(dated November
7,2006) or the "Response to
IEPA Comments" (dated July 10, 2007) that were filed with this honorable Board
on September 5,
2007, as Illinois EPA had received these documents on or about the above-specified dates. The
Notice
of Filing received by Respondent reflect this notation.
-1-
Electronic Filing, Received, Clerk's Office, Octobr 12, 2007
4. At the time offiling, Petitioner reasonably believed that Respondent would not object
to the lack of service of the documents dated November, 7, 2006, and July 10, 2007, given
Respondent's familiarity with the case and intimate involvement with the issues at hand.
The
Illinois EPA has had the original technical data for over a year. Delay has already occurred.
5. In its September 27,2007, Motion for Extension of Time, Respondent states that it
cannot readily detennine whether the copies received on November 7,2006, or on July 10,2007, are
the same in fonn or in substance as the documents filed with the Board on September 5,2007, and
would have this honorable Board extend the time frame for Illinois EP
A'sreconnnendation, pursuant
to 35 Ill. Adm. Code 101.416(a), to reflect a date 45 days from which Respondent receives proper
service
of the above-referenced documents.
6. According to 35 Ill. Adm. Code 101.500 (d), Petitioner had until October11, 2007,
(14 days) to file a response. On October 4,2007, this honorable Board issued an Order granting
Respondent's Motion for Extension
of Time whereby Illinois EPA's recommendation due date
became November 19, 2007, to reflect 45 days after the date of the Order.
7. As a result, Petitioner elected not to file its response to Respondent's Motion for
Extension
ofTime, yet believes that the record must reflect proof that the documents filed with the
Board are identical to the documents in Respondent's possession.
8. The attached affidavit by Mr. Jolm Bognar, R.G, C.P.G., of Leggette, Brashears,
&
Graham, Inc. (Exhibit C), should be sufficient proof that the materials filed with the Board are
indeed the same materials provided to Illinois EPA on these previous dates.
-2-
Electronic Filing, Received, Clerk's Office, Octobr 12, 2007
WHEREFORE. Petitioner respectfully requests that this honorable Board accept proof
that the documents filed with the Board are identical to the documents in Respondent'spossession
and find that Respondent has been properly served pursuant to 35 Ill. Adm. Code 101.304(b).
RespeCtfully submitted,
Nobel Risley
By:
LIVINGSTON
LAW FIRM
/s/ Penni
S. Livingston
DATED: October 12, 2007
PENNI
S. LIVINGSTON #06196480
Attomey for the Petitioner
penni@livingstonlaw.biz
5701 Perrin Road
Fairview Heights, IL 62208
Telephone 618-628-7700
Fax 618-628-7710
-3-
Electronic Filing, Received, Clerk's Office, Octobr 12, 2007
LIVINGSTON
LAW
FIRM
CONCENTRATING IN ENVIROMENT AL
LA
W
5701
PEFmlN ROAD
FAIRVIEW HEIGHTS, IL 62208
PENNI
S.
LIVINGSTON
Attorney
(II
Lnw
penni@livingstonlaw.biz
July 11, 2007 .
Ms. Gwenyth Thompson
Illinois Environmental Protection Agency
Division of Land Pollution Control # 33
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
Re: Risley Adjusted Standard
Dear Gwenyth:
Telephone: 618) 628-7700
Facsimile: (618) 628-7710
livingstonlaw.biz
Enclosed you will find one bound volume of additional data and requested
information
in the Risley Adjusted Standard application. By nearly identical letter, I am also
sending one bound volume
to James Kropid in the Legal Division. This is a follow up to
the previously submitted Draft Petition for an Adjusted Standard
on the Risley #2 landfill
with respect to Chlorides
and the Technical Justification for an Adjusted Standard for
Chlorides
in Ground-water dated November 7,2006 prepared by: Leggette, Brashears, &
Graham. I have modified the Petition to coincide with comments made including
requesting a lower adjusted standard and enclosed the new draft Petition as well.
We expect to file the Petition with the Pollution Control Board by August 15
th
as
requested by our client, which
is five weeks from today. Our client has been quite patient
with both the agency and his own helpers and it has been eight months since I first
contacted the agency for pre-filing review and well over a year since my client retained me
on this matter.
He really wants to obtain certification of closure and he has been
responsible
in bringing this result about. I hope the Agency will find its way to support this
adjusted standard. It is the only way to certify closure and clean up the books and
statistics for all involved and it is the right thing to do.
If you have any additional comments or requests, please let me know as soon as
possible. If
we do not hear from the Agency, we will file the Petition along with the
documents previously submitted and the documents now being submitted
in the same
format as submitted. I will not resend the volumes enclosed
in an effort to save trees but
I will send the Petition
as filed. If the Agency agrees with the Adjusted Standard, we will
file the original document drafted by
LBG with whatever changes you request so as to
streamline the process. If the Agency has not made a decision by August 15
th
or has
decided to fight the Adjusted Standard before the Board,
we will file the documents in the
exact form you see here and
in the previously submitted report. If there are any changes,
I will resend the documents but I
do not anticipate changes without further Agency
comment. If the Agency wishes another approach
to submission in an agreed Adjusted
®C'f"~~65
Electronic Filing, Received, Clerk's Office, Octobr 12, 2007
Standard, we will comply with your wishes as to the form of submission.
It is a pleasure working on these issues with you. My client has come along way in
seeing the benefits of the Agency's role. Please reward him when he does well especially
in putting together such a good team to make sure everything is done right. I look forward
to hearing from you and working with you on any residual issues. I hope you see the
eHorts that were made here and that the Adjusted Standard is the only way to get to
cel-lification of closure rather than abandonment for lack of ability to get certification of
closure.
Thank you for all your efforts as well. I truly appreciate the work you do.
~~Ge5.~
Attorney
Penni
for
S. UVingston
Nobel Risley
~
.
cc: James Kropid
John Bognar
Nobel Risley
Electronic Filing, Received, Clerk's Office, Octobr 12, 2007
PENNI
S.
LiVINGSTON
Attorney at Law
penni@livingstonlaw.biz
L.,IVII\I(;ST'OI\!
LAW
F1IRM
CONCENTRATING IN ENVIROMENT AL LAW
5701 PERRIN ROAD
FAIRVIEW HEIGHTS, IL 62208
Telephone: 618) 628-7700
Facsimile: (618) 628-7710
livingstonlaw.biz
July
11,
2007
Mr. James Kropid
Illinois EPA
Legal Division
#21
1021
N. Grand Ave East
Springfield
II 62794-9276
RE: Risley Adjusted Standard
Dear James:
Enclosed you will find one bound volume of additional data and requested
information
in the Risley Adjusted Standard application. By nearly identical letter, I am also
sending one bound volume to Gwyneth Thompson for review. This is a follow up to the
previously submitted Draft Petition for an Adjusted Standard
on the Risley #2 landfill with
respect to Chlorides and the Technical Justification for an Adjusted Standard for Chlorides
in Ground-water dated November 7,2006 prepared by: Leggette, Brashears, & Graham.
I have modified the Petition to coincide with comments made inclUding requesting a lower
adjusted standard and enclosed the new draft Petition as well.
We expect to file the Petition with the Pollution Control Board by August
15
th
as
requested by our client, which is five weeks from today. Our client 11as been quite patient
with both the agency and his own helpers and it has been eight months since I first
contacted the agency for pre-filing review and well over a year since my client retained me
on this matter.
He really wants to obtain certification of closure and he has been
responsible
in bringing this result about. I hope the Agency will find its way to support this
adjusted standard. It is the only way to certify closure and clean up the books and
statistics for all involved and it
is the right thing to do.
If you have any additional comments or requests, please let me know as soon as
possible. If we do not hear from the Agency,
we will file the Petition along with the
documents previously submitted and the documents now being submitted in the same
format as submitted. I will not resend the volumes enclosed in an effort to save trees but
I will send the Petition as filed. If the Agency agrees with the Adjusted Standard, we will
file the original document drafted by LBG with whatever changes you request so as to
streamline the process. If the Agency has not made a decision by August
15
th
or has
decided to fight the Adjusted Standard before the Board, we will file the documents in the
exact form you see here and
in the previously submitted report. If there are any changes,
I will resend the documents but I do not anticipate changes without 'further Agency
®
~;fJi:~~9i~
G5
Electronic Filing, Received, Clerk's Office, Octobr 12, 2007
comment. If the Agency wishes another approach to submission in an agreed Adjusted
Standard, we will comply with your wishes as to the form of submission.
It
is a pleasure working on these issues with you. My client has corne along way in
seeing the benefits of the Agency's role. Please reward him when he does well especially
in putting together such a good team to make sure everything is done right. 1look forward
to hearing from you and working with you on any residual issues. 1hope you see the
efforts that were made here and that the Adjusted Standard is the only way to get to
cel-lification
of closure rather than abandonment for lack of ability to get certi'fication of
closure.
Thank you
for all your efforts as well. I truly appreciate the work the Agency does.
/1
Sincerely,
_-
If/
(-~4
/
·-·/1r)-~-Y'-·/I~1
5,
CJ/Lv~'-V~~}·I?~Y~.,
Penni S. liVingston
Attorney for Nobel Risley
cc: Gwyneth Thompson
John Bognar
Nobel Risley
Electronic Filing, Received, Clerk's Office, Octobr 12, 2007
STATE OF ILLINOIS
)
) SS
COUNTY
OF S1'. CLAIR
)
AFl~IDAVIT
1, JOHN L. BOGNAR, after being duly sworn and upon my oath, state as follows:
1.
I, John L. Bognar, am a Registered Geologist in the State of Missouri, a
Professional Licensed Geologist
in the State oflllinois, and a Cettified Professional Geologist by
the American Institute
of Professional Geologists.
2.
I am currently serving as a Senior Associate and Office Manager
(Hydrogeologist) with Leggette, Brashears and Graham, Inc., of S1. Louis, Missouri.
3.
I attest that all geological interpretations and work that are the subject of the
repOlts
entit.ec. "Technical Justification for an Ad.justeq. Standard for Cb1.orid.es in Ground-
water"(dated November
7,2006) and the "Response to IEPA Comments" (dated July 10, 2007)
were performed under my direction and reviewed by me.
4.
The copies of these documents filed with the Illinois Pollution Control Board on
or about September 7, 2007, are identical to the documents delivered to Ms. Gwyneth
Tho1'npson, of the Illinois Environmental Protection Agency, and Mr. James Kropid, Division of
Legal Counsel for the Illinois Environmental Protection Agency on or about the above-
referenced dates
in Paragraph
3.
FURTHER AFFIANT SAYETH NOT.
(=)
I
"'l'J
'yi}(j'/f/!/h_/
0D(~~O/_'\'_
..-/__
W5BNL. BOGNAR, CP, LPG
Subscribed and sworn to before me this
5
th
day of
Oc.-(,2007,
Notary Public
)1'LIUc;tfL""L
(~.
~L'L(JA/J
____
Mill1ha
J.
Kuerz-
Notary Public
Notary Seal for State of
MiSllouri - St. Louis County
~
My Commission
~
Expires 10/05/2007
•
=
Electronic Filing, Received, Clerk's Office, Octobr 12, 2007
