BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AMERICAN BOTTOM CONSERVANCY, and
SIERRA CLUB,
Co-Petitioners,
v.
CITY OF MADISON, ILLINOIS, and
WASTE MANAGEMENT OF ILLINOIS, INC.,
Respondents.
)
)
)
)
)
)
) PCB 07-84
) (Third-Party Pollution Control
) Facility Siting Appeal)
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)
)
)
)
RESPONSE OF CITY OF MADISON, ILLINOIS TO PETITIONERS' MOTION FOR
RECONSIDERATION
Respondent, City of Madison, Illinois ("City"), submits this Response to the Motion to
Reconsider Order
of December 6, 2007 ("Motion to Reconsider") filed by Petitioners American
Bottom Conservancy and Sierra Club ("Petitioners").
INTRODUCTION
Petitioners'haverequested that the Illinois Pollution Control Board ("Board") reconsider its
December
6, 2007 Order affirming the City's decision granting site location approval for the
expansion
ofthe e;>eisting Milam Recycling and Disposal Facility ("North Milam"). The basis for the
Motion to Reconsider is very limited and narrow. Petitioners claim new evidence has come to light
1
indicating a possibility that by May 2009, the area where North Milam is located will be determined
to be within a 100 year flood plain and not "flood-proofed," and therefore, criteria (ii) and (iv)
of
Section 39.2(a) of the Illinois Environmental Protection Act ("Act") have not been met in this
proceeding.
(See
Motion to Reconsider, pp. 2-3,
~~
7-10.)
Electronic Filing - Received, Clerk's Office, February 4, 2008
The Motion to Reconsider is without merit and should be denied. The City is aware the
Respondent, Waste Management
ofIllinois, Inc., is filing a Response to the Motion to Reconsider, as
well. The City hereby adopts the Response ofWaste Management in its entirety in that it accurately
sets forth the pertinent legal authorities and correctly applies those authorities to the factual situation
before the Board. In particular, the City would join in the representations that the facts and
circumstances relied upon by Petitioners concerning the possibility
ofa deaccreditation ofthe levee
systems in the Metro East area
ofsouthern Illinois is not "new evidence." As clearly expressed in the
Response
of Waste Management, information about this possibility was well known and publicly
available during the siting process. Petitioners failure to present any evidence concerning this issue
at any hearing or during any comment period absolutely waives their right to seek a reconsideration
of the Board'sdecision because of such information.
In further Response to Petitioner'sMotion the City submits that it has taken action to address
any possible levee deaccreditation. In Petitioner's Exhibit
2 the FEMA Director explains a
mechanism to prevent a deaccreditation by mapping any affected area as a Restoration Zone (Zone
AR).
At its
Reg~llar
Meeting on December 26, 2007 the Mayor and City Council for the City
I
adopted a Resolution requesting that FEMA designate the City as a Zone AR. On January 8, 2008
the Mayor and City Council also established a Corporate Boundary Map
as part of the process to
produce new FEMA flood risk maps.
While the basis for the Petitioner's Motion to Reconsider is clearly prohibited
by virtue of
their own waiver of the issue it is clear the
possible
levee deaccreditation upon which they rely is
very remote given the actions
on the part ofthe City to timely address the concerns ofFEMA.
Electronic Filing - Received, Clerk's Office, February 4, 2008
For the reasons set forth herein and those submitted by Respondent Waste Management in
their Response,
the City respectfully requests that the Board deny Petitioner'sMotion to Reconsider,
and grant such other relief as it deems fair and reasonable.
Respectfully submitted,
/s/ John
T. Papa
John
T. Papa
City Attorney
City
of Madison, Illinois
1326 Niedringhaus Avenue
Granite City, Illinois 62040
618-452-1323
618-452-8024 Fax
jtp@callislaw.com
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the 1
st
day of February, 2008, a
complete copy
of this instrument was served upon counsel for defendants bye-mail
and regular U.S. Mail to the addresses below.
Donald J. Moran
Pedersen
&
Houpt
161 North Clark Street
Suite 3100
Chicago, IL 60601-3224
dmoran@pedersenhoupt.com
Bruce
A.
Morrison
Kathleen
G. Henry
Great Rivers Environmental Law Center
705 Olive Street, Suite 614
St. Louis, MO 63101-2208
bamorrison@ac~essus.net
Carol Webb
Illinois Pollution Control Board
webbc@ipcb.state.i1.us
Penni
S. Livingston
Livingston Law Firm
5701 Perrin Road
Fairview Heights, IL 62208
penni@livingstonlaw.biz
/s/ John
T. Papa
Electronic Filing - Received, Clerk's Office, February 4, 2008