SIERRA

CLuB

FOUNDL) 1892

SEP’29200

8

Heart

of

Illinois

Group

Box

3593,

Peoria,

ll

61614

2419 E.

Reservoir

Peoria, IL

61614-8029

September

24, 2008

Clerk of the

Board

Illinois

Pollution Control Board

RE: Case Number.

AS 08-10

100 W.

Randolph Street,

Suitell-500

Chicago,

IL 60601

Comments Regarding:

CaseS

08-

Peoria Disposal

Compan37ERtRA

Delisting

Adjusted Standard

To

the Members of

the Illinois

Pollution Control

Board:

Heart of

Illinois

Group

Sierra Club

strongly contends that

the

Peoria

Disposal Company

(PDC)

Petition

fails to meet

the required

burden of proof

necessary to merit

the requested

RCRA

delisting

adjusted

standard.

Specific

concerns

include problematic

test

results,

the failure of the

stated

Electric

Arc

Furnace Dust

waste

(EAF)

treatment to reliably

and

adequately

reduce the full range

of hazardous

constituents in the

EAF,

inadequate

proof that dioxins

and

furans

from the treated EAF

will not

have

quantitative and

qualitative impacts

on the environment,

and the failure

to address

site specific

conditions.

This letter

will address Section

28.1 factors

of the Illinois

Environmental

Protection

Act

(415

ILCS

5/28.1(a)),

including the

existing physical conditions,

the

character of the area

involved,

the

character of

surrounding

land

uses, and

related issues

pertaining to this

delisting.

This

comment

is

on behalf

of our

nearly

900

members in

Central Illinois,

including

over

100

members

who

reside in

Tazewell County

and

approximately

500

within the greater Peoria

area. Our

group

members

drink

area

water,

breathe the local

air, and drive local

roads,

all

of which will be affected

and

will

be

put at

greater risk of

pollution

via

the proposed PDC

delisting. The untold

public

health

costs

of

adding

dioxins, furans,

mercury,

and other

EAF

related toxins to the

environment,

possibly in

municipal

waste landfills

across Illinois,

is missing

from the application.

The economic

value of

protecting

the

Mahomet

Aquifer from

pollution

is

also

not included.

While we have many

local

concerns

regarding

this

delisting,

we

also have grave concerns

for

state-wide

impacts.

Approval

of this

PDC

request

would

allow their questionable

EAF treatment

process to potentially

be in

any

municipal

waste

landfill

in the

entire

state. This is a vast

overreach

failing

to take into account

municipal

landfill

site

specific

conditions,

receiving

bodies of water,

and

other required

factors, which

can

vary

greatly.

Heart of

Illinois

Group Sierra

members, especially

those in

Tazewell

County, their friends

and family

members,

drink

Mahomet

Aquifer

water. The Mahomet

Aquifer is

known

as the most

important

aquifer

---

in

East-Central

Illinois,’

and

is

one

of

the

largest

groundwater

resources

in

the

state.

The

Mahomet

Aquifer

water

table

is

generally

5

to

50

feet

below

land

surface.

2

The

year

2007

Tazewell

County

response

regarding

the

approximately

123

acre

expansion

PDC

obtained

for

the

Indian

Creek

Municipal

Waste

Landfill,

states

that

an

average

of

32

feet

(of

what

PDC

describes

as

low

permeability

soil)

separates

the

bottom

of

the

lateral

Indian

Creek

Landfill

expansion

from

the

uppermost

aquifer,

which

is

specified

as

the

Mahomet-Sankoty

sand.

3

Our

great

concern

is

that

the

site

specific

conditions

at

the

Indian

Creek

Landfill

are

not

appropriate

for

the

landfilling

of

the

proposed

treated

EAF,

and

will

risk

short-term

and

long-term

pollution

to

this

part

of

the

Mahomet

and

area

surface

water.

The

huge

quantities

of

EAF

that

could

be

landfilled

at

Indian

Creek

will

constitute

a

real

and

present

danger

for

current

and

future

generations

because

of

the

potential

for

leaching

of

toxins.

The

specific

existing

physical

conditions

at

the

site

make

this

location

unacceptable

for

the

receipt

of

PDC

treated

EAF

waste.

An

unnamed

creek,

which

is

a

tributary

to

Indian

Creek

is

at

the

south

and

western

edge

of

the

landfill

property

and

connects

to

Indian

Creek

which

crosses

north

of

the

landfill.

A

wetland

existed

on

the

site

of

the

current

Indian

Creek

Municipal

Waste

Landfill

expansion,

with

approximately

0.89

acres

of

emergent

wetland

filled

in

by

the

landfill

expansion.

4

The

water

table

is

notably

high

in

the

landfill

area.

It

was

stated

that

only

two

to

three

feet

of

material

would

have

to

be

excavated

to

contact

the

groundwater

table

for

the

wetland

loss

mitigation,

which

is

located

just

200

feet

south

of

the

landfill

expansion

area.

The

Illinois

Natural

Areas

Inventory

site,

named

Indian

Creek

Woods

Natural

Area,

is

adjacent

to

this

landfill.

5

It

is

listed

as

a

high

quality

natural

community

and

natural

community

restoration,

and

is

state

designated.

6

The

unnamed

creeks

linking

to

Indian

Creek,

the

wetland

that

was

destroyed

by

the

landfill

expansion,

the

exceptionally

high

water

table,

and

the

existence

of

a

state

designated

natural

area

adjacent

to

the

landfill,

are

site

specific

issues

unique

to

the

Indian

Creek

Municipal

Waste

Landfill.

There

is

real

potential

for

stream

contamination

to

occur

at

the

unnamed

tributary

from

EAF

runoff

at

the

landfill

site,

or

eventual

leachate

from

the

wastes.

The

Indian

Creek

Landfill

is

open

6

a.m.

to

6

p.m.

Monday

through

Saturday,

and

wastes

being

dumped

in

the

landfill

are

not

protected

from

rain,

snow,

or

other

weather

affects.

A

map

labeled

as

Appendix

A

is

attached

to

this

letter

to

show

the

location

of

the

unnamed

tributary

and

section

of

Indian

Creek

at

this

municipal

waste

landfill.

The

top

of

the

map

shows

where

Indian

Creek

joins

the

Mackinaw

River,

estimated

in

one

source

about

3/4

of

a

mile

from

the

landfill.

The

Mackinaw

River

is

a

popular

area

recreation

location

to

canoe,

kayak,

and

fish,

and

tubing

and

swimming.

The

Mackinaw

Canoe

Club

has

held

many

outings

on

the

Mackinaw

River

attended

by

paddlers

and

family

members

of

all

ages,

and

several

members

have

paddled

the

entire

length

of

the

river.

7

At

one

time,

Heart

of

Illinois

Sierra

held

joint

outings

with

the

Mackinaw

Canoe

Club.

People

like

to

picnic

on

sandbars

and

wade

in

the

river,

which

receives

the

flow

from

Indian

Creek.

Heavy

metals,

mercury,

dioxins,

furans,

or

other

toxic

pollutants

from

the

PDC

treated

EAF

that

is

proposed

to

be

landfilled

in

the

Indian

Creek

Municipal

Waste

Landfill

are

a

public

health

risk.

The

I

Mehnert,

E,

K.C.

Hackley

et

al.

“The

Mahomet

Aquifer:

Recent

Advances

in

Our

Knowledge.”

Illinois

State

Geological

Survey

Open

File

Series

2004-16

(2004).

2

Mahomet

Aquifer

Consortium,

“About

the

Mahomet

Aquifer.”

webpage.

http://www.mahometaquiferconsortium.org/

3

Tazewell

County

Board

Proposed

Findings

of

Fact.

page

8

(2006).

4

U.S.

Army

Corps

of

Engineers,

Joint

Public

Notice

CEMVR-OD-P-2006-801,

June

5,

2007.

page

1

5

Illinois

Department

of

Natural

Resources,

November

3,

2006,

letter

from

Michael

Branham,

IDNR

Division

of

Ecosystems

and

Environemnt

to

Pamela

Thomas,

Shaw

Environmental

regarding

EcoCAT

request

6

Illinois

Department

of

Natural

Resources,

Illinois

Natural

Area

Inventory

(INAI)

Sites

by

County,

May,

2008

7

Mackinaw

Canoe

Club.

“About

Us.”

website:

http://www.rivers-end.org/mcc!aboutus.html

---

actual

long-term stability of

the

PDC

treatment

process in a municipal

waste

landfill is unproven and

unknown. The

proximity

of the tributary stream

and the Mahomet

Aquifer to the

Indian

Creek

Municipal

Waste Landfill

makes this location

unacceptable for

the PDC

treated

EAF due to site

specific issues

and the receiving

bodies of

water.

The

Clinton

Municipal

Waste Landfill,

DeWitt County,

which is listed

in the PDC documents

as a

potential landfill for

receiving the

treated EAF, is

also located over

the Mahomet

Aquifer. No

considerations

have

been made

for the impacts of

huge

and heavy

quantities of the PDC

treated

EAF

on landfill

liners, local ground conditions,

and

area streams or groundwater

which

may be

impacted

by

the EAF

at different landfill

locations.

The

proposed delisting takes

no

local

landfill

site

information

into

consideration that

adequately addresses

potential long-term

impacts

of the EAF. The

lack of site

considerations for the

landfilling of

PDC treated EAF should

merit

denial

of this delisting

application. The

Appendix E

site information supplied

by

PDC

only concerns the Indian

Creek

Landfill. The

Mahomet Aquifer is

not

specifically

mentioned or indicated

by

name

in the PDC

documentation.

PDC

does not

mention any

special concerns regarding

the

significance

of this aquifer.

PDC

treated

EAF

waste

should not be allowed

at

Clinton Municipal

Waste

Landfill or at Indian

Creek

Municipal

Waste landfill due

to their

location

over the Mahomet

Aquifer. Other

municipal landfills

could have

significant

site

issues that would never

be

considered

if this delisting

is

approved.

We must ask:

will the PDC

treated

EAF

actually be non-hazardous

and

will it remain that way

in

municipal

waste

landfills

and for how long?

While PDC

claims

economic

benefits for its

clients, the

issue of

health and

economic detriments

to the

public

is not considered.

There are subsidiary

impacts

this EAF

decision

would

bring, such as

increased truck

traffic. We

also

question if enabling

such a

wide-spread

delisting will

negatively

impact recycling of

EAF.

Heart

of Illinois

Group Sierra Club

maintains that

this

petition

is not in

the interests

of controlling

pollution

and

protecting

the environment

and

that it should be denied.

Sincerely,

Blumenshine

Heart

of

Illinois

Sierra

Attachment

A:

ArcIMS

Map,

Indian

Creek Municipal

Waste Landfill,

2008.

---

r

i

crtd i

kdfA Cg1C

12 Xt2ES1 b

PDC landfill area

Wednesday, August

13, 2008

5:45 PM

=11

I

---

Legend

FOhways

—

Hy

SoS Ruo

Muntdpat Boundaries

[]

County

Boundarres

SWS (1998) 100 ÷ 500

yr

Floodsones for

Unincorporated Areas

EEl

EJco

Li

NWI (1980)

Wetlands

Large Streams as Areas

h

All

Streams

as

Lines

7/

rnSs Sor,,

msru Seas a

Os FS

Water Bodies

E

DOOs:

2005 Aerial Photos

Chicago

DOGs: 2005 Aerial Photos

West

DOGs: 2005

Aerial

Photos

East

Status Banner

State

nse

rted from

<http://dnrgisstate.iI.us/website/Mpermit/viewer.

htm>