BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JOHN C. BLICKHAN,
Petitioner,
VS.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Case No. PCB 08-59
(Permit Appeal - Land)
RECEIVED
CLERK'S OFFICE
JUN 2 7 2008
STATE OF ILLINOIS
Pollution Control Board
Respondent.
NOTICE
John Therriault
Assistant Clerk
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, IL 60601-3218
James G. Richardson
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PLEASE TAKE NOTICE that I have today caused to be filed a PETITION FOR
REVIEW with the Illinois Pollution Control Board, copies of which are served upon you.
Dated: June 25, 2008
?
Respectfully Submitted,
On behalf of JOHN BLICKHAN
By: Hinshaw & Culbertson LLP
HINSHAW & CULBERTSON LLP
416 Main Street – 6th Floor
Peoria, IL 61602-3126
309-674-1025
309-674-9328 (fax)
jraletto9hinshawlaw.com
This document utilized 100% recycled paper products
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on June 25
th
, 2008, I served true
and correct copies of a PETITION FOR REVIEW by first class mail of the United States Postal
Service upon the persons as follows:
John Therriault
Assistant Clerk
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, IL 60601-3218
Dated: June 25, 2008
James G. Richardson
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Respectfully Submitted,
On behalf of JOHN BLICKHAN
By: Hinshaw & Culbertson LLP
On
?
is Attorneys
This document utilized 100% recycled paper products
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Li
JOHN C. BLICKHAN,
Petitioner,
VS.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
RECEIVED
CLERK'S OFFICE
Case No. PCB 08-59
JUN 2 7 2008
(Pennit Appeal - Land) STATE OF
ILLINOIS
Pollution Control Board
PETITION FOR REVIEW
NOW COMES the Petitioner, JOHN BLICKHAN, (hereinafter "Petitioner or "John
Blickhan"), by and through his attorneys, Hinshaw & Culbertson LLP, and pursuant to Section
40(a)(1) of the Illinois Environmental Protection Act (the "Act"), 415 ILCS 5/40(a)(1) and 35 III.
Admin. Code Part 105, Subpart B, hereby requests review by the Illinois Pollution Control Board
("Board") of a decision by the Respondent, the Illinois Environmental Protection Agency (the
"Agency" or "IEPA"), to deny Petitioner's
"Affidavit for Certification of Completion of Post-
Closure Care Period,"
requesting IEPA's approval of completion of the post-closure care for the
closed Blickhan Landfill.
IN SUPPORT of his Petition, the Petitioner states as follows:
1.
Petitioner, John Blickhan is an individual and tax-paying resident of the State of
Illinois.
2.
Petitioner owns a closed landfill facility known as the "Blickhan Landfill" located
in Quincy, Adams County, Illinois. The landfill operated lawfully under permits issued by the
Respondent's Bureau of Land, including Permit No. 1974-70-DE, Permit No. 1974-70-OP, and
Supplemental Permit No. 2004-182-SP, Log No. 2004-182. During Mr. Blickhan's ownership of
the Blickhan Landfill, only construction and demolition debris was disposed of at the site.
3.
Supplemental Permit No. 2004-182-SP (Log No. 2004-182), issued on August 9,
2004 acknowledged the certified closure date of the Blickhan Landfill as September 30, 1992.
Special Condition #1 of that Supplemental Permit states,
"The fifteen -year minimum post-closure
care period began September 30, 1992."
4.
On December 20, 2007, an
"Affidavit for Certification of Completion of Post-
Closure Care for Non-Hazardous Waste Facilities"
(hereafter "Post-Closure Completion
Certification") was submitted to the IEPA requesting Agency approval of completion of all post-
closure care for the Blickhan Landfill. The Post-Closure Completion Certification was prepared
on behalf of John Blickhan by Klingner Associates, an engineering consulting firm that has
conducted oversight for all post-closure monitoring, maintenance and analytical work for the
Blickhan landfill since its official closure on September 30, 1992.
5.
IEPA acknowledged its receipt on December 24, 2007 of the Post-Closure
Certification. The Post-Closure Certification notified IEPA that post-closure care for the
Blickhan Landfill was completed on September 30, 2007.
6.
As demonstrated by that submittal, all post-closure care requirements for the
subject landfill have been fully complied with and the post-closure care period has ended in
compliance with all effective Permits, the applicable regulations at 35 III. Admin. Code Part 807,
and the Act.
7.
On February 22, 2008, Mr. Stephen F. Nightingale, P.E., Manager, Permit
Section, Bureau of Land for the IEPA , issued a denial of John Blickhan's request for approval of
the Post-Closure Completion Certification (hereafter "Denial Letter"). Petitioner received the
IEPA's Denial Letter on February 25, 2008, via certified mail. A true copy of the IEPA's
February 22nd
Denial Letter is attached hereto as Exhibit 1.
2
8.
On March 28, 2008, IEPA filed with the Board a
"Request For Ninety Day
Extension Of Appeal Period"
to extend the deadline for filing an appeal of the February 22nd
determination by IEPA to deny approval of the Post-Closure Completion Certification.
9.
On April 3, 2008, the Board approved the requested extension and opened the
instant Board proceeding No. 08-59 (Permit Appeal – Land), allowing Mr. Blickhan an
additional ninety days, up to and including June 29, 2008, within which to attempt to resolve the
matter informally with IEPA or to file a Petition for Review of IEPA's denial. The Board's
Order further provided that if "...
Blickhan fails to file an appeal on or before that date, the
Board will dismiss this case and close the docket."
A true copy of the Board's April 3 rd Order is
attached hereto as Exhibit 2.
10.
Communications with IEPA officials have not been successful in resolving the
dispute concerning IEPA's denial of the Post-Closure Completion Certification. Therefore, in
compliance with the Board's April 3
rd Order, Petitioner now files its Petition for Review within
the prescribed extended appeal period.
11.
The IEPA's Denial Letter stated that Petitioner's Post-Closure Completion
Certification failed to provide proof that IEPA's approval ...
would not result in violations of
the Illinois Environmental Protection Act."
The Denial Letter purported to provide specific
reasons why there was inadequate proof that IEPA's approval would not ensure the absence of
violations of the Act. Those specific reasons were listed in Paragraph 1 (a) through (d) and
alleged the following:
• Compliance with
"620.410 Class I Groundwater Standards"
was not shown for
monitoring well designated "0106" because
"no data has been collected from
3
this well G106 since the 314
Quarter of 2004 due to the well being dry."
(see
Paragraph 1(a) of the Denial Letter);
• Compliance with
"620.410 Class I Groundwater Standards"
has not been
demonstrated due to
"numerous inorganic Class I groundwater exceedences...
which are indicative of a release from the Blickhan Landfill."
(see Paragraph
1(b) of the Denial Letter);
• Compliance with
"620.410 Class I Groundwater Standards"
has not been
demonstrated due to
"unaddressed organic Class I groundwater exceedences and
organic detections which are indicative of a release from Blickhan Landfill."
(see Paragraph 1(c) of the Denial Letter); and
• Compliance with Section 22.17 of the Act was not demonstrated due to "...
a hole
in the landfill cap on site No.2."
(see Paragraph 1(d) of the Denial Letter)
12.
Respondent's Denial Letter misstated the legal standard for demonstrating
completion of post-closure care requirements for landfills, such as the Blickhan Landfill, that are
regulated under 35 Ill. Admin. Code Part 807 "Solid Waste."
13.
With respect to completion of post-closure care, Section 22.17 of the Act (415
ILCS §5/22.17), provides in relevant part:
(a) The owner and operator of a sanitary landfill site that is not a site subject to
subsection (a.5) or (a.10) of this Section shall monitor gas, water and settling at
the completed site for a period of 15 years after the site is completed or closed, or
such longer period as may be required by Board or federal regulations.
14.
The Blickhan landfill is not a site subject to subsection (a.5) or (a.10) of Section
22.17 because no household waste was disposed of at the Blickhan Landfill at any time after
4
October 9, 1991. In fact, no household waste was disposed of at the Blickhan Landfill during the
entire period of ownership by John Blickhan beginning in 1969. The Certification of
Completion of Closure Activity submitted for the Blickhan Landfill, a Certification approved by
the IEPA with issuance of Supplemental Permit 2000-097-SP (Log Nos. 1997-207 and 2000-
097), certified there had been no disposal of any waste or construction/demolition debris at the
Blickhan Landfill after September 1, 1991. As evidenced by the terms and conditions of
Supplemental Permit No. 2004-182-SP (Log No. 2004-182), issued on August 9, 2004, IEPA
acknowledged the certified closure date of the Blickhan Landfill as September 30, 1992.
15.?
John Blickhan has monitored gas, water, and settling of the Blickhan Landfill for
a period longer than 15 years in full compliance with Section 22.17 of the Act, and as
demonstrated in the Post-Closure Certification. Accordingly, John Blickhan has satisfied the
statutory requirements for completion of post-closure care for the Blickhan Landfill and is
entitled to approval of the Post-Closure Certification he submitted, unless a Board regulation
prescribes otherwise.
16. The Board regulation applicable to completion of the post-closure care period for
the Blickhan Landfill is found at 35 III. Admin. Code §807.524
"Implementation and
Completion of Post-Closure Care Plan,"
at subsection (c) which provides:
(c) The Agency shall certify that the post-closure care period has ended when it
determines:
(1)
that the post-closure care plan has been completed; and
(2)
That the site will not cause future violations of the Act or this Part.
?17.?
IEPA's Denial Letter does not state or allege that John Blickhan has not complied
with and fully completed the IEPA-approved Post-Closure Care Plan. Accordingly, the IEPA's
5
determination to deny Post-Closure Certification can only be sustained by the Board if the
Blickhan Landfill will cause future violations of the Act or Part 807.
18.
As noted above, IEPA's Denial Letter alleged only that the Blickhan Landfill
would cause future violations of Part 807. Specifically, IEPA alleged that groundwater
monitoring data demonstrated exceedences of the concentrations specified in 35 Ill. Admin.
Code Section 620.410 "Groundwater Quality Standards for Class I: Potable Resource" (referred
to as the "Class I Groundwater Standards" in IEPA's Denial Letter), and that those exceedences
constituted violations of 35 Ill. Admin. Code 807.313 and 807.315 (see Paragraph 1 (a), (b), and
(c) of the Denial Letter). Section 807.313 prohibits the discharge of contaminants from a
sanitary landfill that causes or tends to cause water pollution or that violates the regulations
and/or standards adopted by the Board. Section 807.315 prohibits the operation of a sanitary
landfill unless it is proven to IEPA that no "damage or hazard" will result to waters of the State.
19.
Over the course of the more than fifteen years that he has provided post-closure
care of the Blickhan Landfill, Mr. Blickhan submitted a significant amount of groundwater
monitoring data to the IEPA for its review. The Denial Letter purports to justify IEPA's denial
of the Post-Closure Completion Certification on the basis that (1) groundwater data was not
provided from groundwater monitoring well designated "G106" (see Paragraph 1(a) Denial
Letter); (2) analytical results showing exceedences of the Class I: Potable Resource standards for
certain inorganic compounds (see Paragraph 1(b) Denial Letter); (3) analytical results showing
exceedences of the Class I: Potable Resource standards for certain organic compounds in 2002
(see Paragraph 1(c) Denial Letter); analytical results showing "detections" of certain organic
compounds for which there exist Class I: Potable Resource standards (see Paragraph 1(d) Denial
6
Letter); and a hole in the landfill cap observed on January 15, 2008 (see Paragraph 1(d)) Denial
Letter).
20.
IEPA erred in evaluating and analyzing the groundwater monitoring data provided
by John Blickhan for the Blickhan Landfill. Those errors have resulted in IEPA's unlawful
denial of the Post-Closure Completion Certification and are more fully addressed below:
(a) The absence of data from the groundwater monitoring well designated
"0106" since the Third Quarter of 2004
"due to the well being dry,"
as alleged by
IEPA, does not demonstrate a violation of the regulations or standards
promulgated by the Board. IEPA appears to take the position that John Blickhan
has not proved there has not been a violation of applicable Board regulations or
standards because no monitoring data was produced from monitoring well G106.
Contrary to IEPA's assertions, John Blickhan is not required to prove the double
negative. Instead, it is IEPA's obligation to make a determination that a violation
of Board regulations or standards has occurred to support and justify its denial.
Unless it can be shown that contaminants released from the Blickhan Landfill
have caused water pollution, violated Board regulations and standards, or caused
"damage or hazard" to waters of the State, the absence of monitoring data from
groundwater monitoring well G106 does not provide IEPA with a valid legal or
technical basis to justify its denial of the Post-Closure Completion Certification.
Simply put, the absence of monitoring data from groundwater monitoring well
G106 does not provide adequate factual or legal support for IEPA's denial of the
Post-Closure Completion Certification and the denial can not be sustained on that
basis.
7
(b) IEPA has misinterpreted the groundwater monitoring data submitted by John
Blickhan during the post-closure period, including the data purporting to show
"Class I inorganic exceedences which are indicative of a release from the
Blickhan Landfill,"
as alleged by IEPA's Denial Letter. When data demonstrating
groundwater flow, elevations and direction are properly analyzed, that data does
not indicate releases of any inorganic contaminants from the Blickhan Landfill.
The mere presence of inorganic compounds in groundwater samples is not
evidence of a release from the Blickhan Landfill nor is it evidence of a violation
of the Groundwater Quality Standards for Class I: Potable Resource (35 III.
Admin. Code §620.410), caused by the Blickhan Landfill. The regulation
expressly recognizes the possibility that inorganic chemical constituents and
compounds found in the groundwater resource may be "due to natural causes" and
therefore, such compounds are exempt from regulation under §620.410(a).
Proper analysis and evaluation of the groundwater monitoring data, as well as
critical hydrogeologic information for the Blickhan Landfill and surrounding area,
does not demonstrate violations of any Board regulations or standards caused by
the Blickhan Landfill. Unless it can be shown that contaminants released from
the Blickhan Landfill have caused water pollution, violate Board regulations and
standards, or caused "damage or hazard" to waters of the State, the presence of
inorganic compounds in groundwater samples taken and analyzed during the post-
closure care period does not provide IEPA with a valid legal or technical basis to
justify its denial of the Post-Closure Completion Certification. Simply put, the
presence of inorganic compounds in groundwater samples, even if detected
in
concentrations exceeding the Class I Groundwater Standards, does not provide
adequate factual or legal support for IEPA's denial of the Post-Closure
Completion Certification, unless the Blickhan Landfill is shown to be the source
of those compounds. IEPA's denial can not be sustained on that basis.
(c) IEPA has misinterpreted the groundwater monitoring data submitted by John
Blickhan during the post-closure period, including the data purporting to show
" ...
unaddressed organic Class I groundwater exceedences... which are
indicative of a release from the Blickhan Landfill,.
as alleged by IEPA's Denial
Letter. When the data demonstrating groundwater flow, elevations and direction
are properly analyzed, that data does not indicate releases of any organic
contaminants from the Blickhan Landfill. The mere presence of organic
compounds is not evidence of a release from the Blickhan Landfill nor is it
evidence of a violation of the Groundwater Quality Standards for Class I: Potable
Resource (35 Ill. Admin. Code §620.410), caused by the Blickhan Landfill. The
regulation expressly recognizes the possibility that organic chemical constituents
and compounds found in the groundwater resource may be "due to natural causes"
and therefore, such compounds are exempt from regulation under §620.410(b).
Proper analysis and evaluation of the groundwater monitoring data, as well as
critical hydrogeologic information for the Blickhan Landfill and surrounding area,
does not demonstrate violations of any Board regulations or standards caused by
the Blickhan Landfill. Unless it can be shown that contaminants released from
the Blickhan Landfill have caused water pollution, violate Board regulations and
standards, or caused "damage or hazard" to waters of the State, the
presence
of
organic compounds in groundwater samples taken and analyzed during the post-
closure care period does not provide IEPA with a valid legal or technical basis to
justify its denial of the Post-Closure Completion Certification. Simply put, the
presence of organic compounds in groundwater samples, even if detected in
concentrations exceeding the Class I Groundwater Standards, does not provide
adequate factual or legal support for IEPA's denial of the Post-Closure
Completion Certification, unless the Blickhan Landfill is shown to be the source
of those compounds. IEPA's denial can not be sustained on that basis
(d) IEPA has misinterpreted the groundwater monitoring data submitted by John
Blickhan during the post-closure period, including the data purporting to show
..
organic detections which are indicative of a release from the Blickhan
Landfill,"
as alleged by IEPA's Denial Letter. The detection of organic
compounds in groundwater samples is not evidence that Board regulations or
standards have been violated. An "organic detection" may represent analytical
error or contamination in the laboratory resulting in false positive findings.
Detection of organic compounds during analysis of groundwater samples at levels
that do not exceed the Groundwater Quality Standards for Class I: Potable
Resource (35 III. Admin. Code §620.410), established by the Board, is not a
violation of a Board regulation or standard. Such a finding, even if accurate, does
not provide adequate factual or legal support for IEPA's denial of the Post-
Closure Completion Certification, whether or not the Blickhan Landfill is shown
to be the source of those compounds.
10
21.
Assuming arguendo that groundwater monitoring data indicates the presence of
certain inorganic or organic compounds in the groundwater underlying or adjacent to the
Blickhan Landfill, as alleged by IEPA and denied by Respondent, that data does not prove the
Blickhan Landfill was the source of those contaminants. When the data on groundwater flow,
elevations, and direction are properly analyzed, that data does not indicate releases of any
contaminants from the Blickhan Landfill. Proper analysis and evaluation of the groundwater
monitoring data, as well as critical hydrogeological information for the Blickhan Landfill and
surrounding area, does not demonstrate violations of any Board regulations or standards caused
by the Blickhan Landfill.
22.
Assuming arguendo that groundwater monitoring data indicates the presence of
certain contaminants in the groundwater underlying the Blickhan Landfill and the Blickhan
Landfill was the source of those contaminants, as alleged by IEPA and denied by Respondent,
the presence of those contaminants does not necessarily constitute "water pollution" as that term
is defined by the Act. Section 3.545 of the Act defines the term "water pollution" as follows:
"Water pollution" is such alteration of the physical, thermal, chemical, biological or
radioactive properties of any waters of the State, or such discharge of any contaminant
into any waters of the State, as will or is likely to create a nuisance or render such waters
harmful or detrimental or injurious to public health, safety or welfare, or to domestic,
commercial, industrial, agricultural, recreational, or other legitimate uses, or to livestock,
wild animals, birds, fish, or other aquatic life. (415 ILCS 0/3.545)
IEPA's Denial Letter does not allege and contains no evidence from which they Board may
conclude that any chemical compound or constituent detected in the groundwater underlying the
11
Blickhan Landfill has altered the groundwater so as to create a potential or actual nuisance or to
render that groundwater harmful or detrimental or injurious as prohibited by the Act.
23.
IEPA's Denial Letter alleges that one of its inspectors observed a "...
hole in the
landfill cap on site No. 2 on January 15, 2008,"
and concludes that the hole constitutes a
"settling problem.
-
In reality, the hole observed by the IEPA inspector on January 15 th was not
due to settlement of the landfill cap or underlying landfilled materials; instead, it was a hole dug
by a native wild animal, probably a groundhog or muskrat. The Act and Board regulations
impose no obligation on John Blickhan to prevent wild animals from utilizing the closed
Blickhan Landfill for whatever purposes they see fit. No such obligation is stated in the Act or
the Board regulations and none can be inferred if the post-closure care period can be completed
for any closed landfill in Illinois. The presence of a hole in the landfill cap that was not caused
by settlement of the cap or underlying landfilled materials, even if true, does not provide
adequate factual or legal support for IEPA's denial of the Post-Closure Completion Certification
for the closed Blickhan Landfill.
24.
IEPA unlawfully denied the Petitioner's Post-Closure Completion Certification
because Petitioner monitored gas, water and settling for fifteen (15) years after the IEPA-
certified closure of the Blickhan Landfill, in compliance with Section 22.17 of the Act (415
ILCS §5/22.17); Petitioner completed all work required under the IEPA-approved Post-Closure
Plan, in accordance with 35 Ill. Admin. Code §807.524(c)(1); and the Petitioner demonstrated
that the Blickhan Landfill will not cause future violations of the Act or the Part 807
requirements, in compliance with 35 Ill. Admin. Code §807.524(c)(2).
WHEREFORE, for the foregoing reasons, the Petitioner respectfully requests that the
Board reverse the IEPA's February 22, 2008 denial of the Petitioner's Post-Closure Completion
12
Certification and enter an Order directing IEPA to issue a decision approving the Post-Closure
Completion Certification that will terminate the post-closure care period for the Blickhan
Landfill, in compliance with 35 Ill. Admin. Code 807.524(c), and all other applicable provisions
of the Act and implementing Board regulations.
Dated: June 25, 2008
?
Respectfully Submitted,
On behalf of JOHN BLACKMAN
By: Hinshaw & Culbertson LLP
HINSHAW & CULBERTSON LLP
416 Main Street – 6th Floor
Peoria, IL 61602-3126
309-674-1025
309-674-9328 (fax)
jfalettoghinshawlaw.com
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EXHIBIT
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ILLINOIS ENVIRONMENTAL. PROTECT/ON AGENCY
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February
22, 2008?
Certified
mid/
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Mr. John Plickhan
P.0 Box 510
Lock and Dam Road
Quincy, Illinois
62301
Re:
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0010650002 -- Adams
County
Blickhan
PumliI
N08.
l974-70-DE/OP
Certification of
Completion of
Pont-Closure Caro
Period
Log
No.2007-524
Permit Landfill 807 File
Permit Denial
Dear Mr. Blickhan:
This will acknowledge receipt of your affidavit for Certification of Completion of post-closure
care period
for
the above
referenoed
solid waste management site, dated December 20,
2007
and
received
by
the Illinois EPA on December 24, 2007.
Your permit application for
completion of post-clos
ure
care period,
is denied
You have failed to provide
proof that granting
this
permit would not result in
violations of
the
Illinois Environmental Protection Act (Act). Section 39(a) of the Act (415 TLCS 5/39(a)] requires
the Illinois EPA to provide the applicant with
specific
reasons for
denial
of permit. The following
reasons are given:
The
operator has not demonstrated that the site will not cause future violations of the Act
or 35 la Adm. Code 807 in order to allow the Agency to certify post-closure pursuant to
35
Adm. Code 807.524. The following she conditions currently do not meet the
requirements of 35
LAC
807.313 and 807315:
The application has failed to demonstrate compliance with the 620.410 Class 1
Groundwater Standards at monitoring well 0106, No groundwater data has born
collected from this well G1D6
since the
3'" Quarterof 2004 due to the well being
dry. The applicant has failed to
replace monitoring well
0106 pursuant to
Condition 12 of Attachment A: "Should any well become consistently dry
or
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unserviceable, a replacement well shall be provided within ten (10) feet cl the
existing well."
b.
The applicaticm has failed to demonstrate compliance with the 620.410 Class I
Groundwater Standards. Review of the groundwater history reveals numerous
ittorganic Class! groundwater exceedences, with the majority exhibited at
downgrudient monitoring wells 0103, 0105 and G1.06 which has significant
higher concentrations of iron, manganese, chloride, boron, sulfate and total
dissolved solids in comparison to upgradient monitoring well G104, which appears
to be a best suited monitoring well for background comparisons as depicted on the
provided potentiomotric maps. Monitoring well 0)01 appears to be
downgradient/side gradient of the western parcel. The following Class I inorganic
exceedenecs which are indicative of a release from the Blickhan Landfill have been
observed at the site since 2000: 6 exoeedences of arsenic, 8 exceedences of
barium, 4 exceedences ofberryllittm, 3 exceedences of chromium, 38 exceedences
of iron, 27 exceedences of lead, 43 exceedences of manganese, 4 exceedences of
nickel, 1 exceedence of selenium, 2 exceedences of sulfate, and 3 exceedences of
total dissolved solids.
The application has failed to demonstrate compliance with the 620.410 Class I
Groundwater Standards. Review of the groundwater history reveals following
unaddressed organic Class I groundwater exeeedences and organic detections
which arc indicative of a release torn Blickhan Landfill:
0103.2,4 D - 0.22 ug/L, 2
nd
Quarter 2004
0103, 2,4 ID • 0.27 ug/L. 2" Quarter 2002
0105, 2,4 D - 0.14 ug/L, 2" Quarter 2002
R101. Methylene Chloride - 1 ug/L, 2" Quarter 2006
RI01, Methylene Chloride - 2 ug/L, 2" Quarter 2002
(3103, Methylene Chloride 2 ug/L, 2"4 Quarter 2002
0104, Methylene Chloride - 1 ug/L, 2
nd Quarter 2006
0304, Methylene Chloride - 2 ug/L, 2
nO
Quarter 2002
GI DS. Methylene Chloride - 2 ug/L, r
d
Quarter 2002
G106. Methylene Chloride
2 ug/L, 2"
Quarter
2002
0107, Methylene Chloride - 2 ug/L, 2" Quarter 2005
R101, Cb-1,2 Dichlomethene - 1 ug/L, rd
Quarter 2006
8101, Cis-1,2 Diehlorocthene 1 att. 2"11 Quarter 2004
0105, Cis-1,2 Diehlorocthent - 8 ug/L,
Quarter 2005
PV24/2DOM?
15:]2?
309-C,74-N32l
?
VW)
?
CLIL IILPIFiD1,1
MAH- 07-
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12177224u-72
Page
3
G105,
Cis-1,2 Dichloroethene - 5 ug/L, 2
64
Quarter 2004
I
05, Cis-1,2 Dichloroethent - 32
ug/L,
r
d
Quarter 2002
0107, Cis-1,2 Dichloroethent - 7 tier, 2
fia
Quarter 2001
RI
On,
Toxaphene, 75 ug/L, 2
nd
Quarter 2002, above the Class I Standard
GI OA. Toxaphene,
I
SO ug/L, 2 114
Quarter 2002,
above
the Class 1 Standard
G104, Toxaphene, 8.9 ug/L, 2
nd
Quarter
2002, above the Class
1
Standard
0105, Toxaphene - 13
ug/L, 2"
Quarter 2002, above the Class
I
Standard
G106, Toxaphene - 31
ug/L
2
rni
Quarter
2002, above the Class I Standard
0107, Toxaphene -
13 ugfk,
2 nd
Quarter 2002, above the Class I Standard
G105. Vinyl Chloride - 12 ug/L, 2
NI
Quarter 2002, above the Cinse I Standard
d.
?
As per annual inspection performed on January 15,
2008
by
Illinois EPA,
Springfield Regional
Office, a hole in
the land fill
cap on
site No. 2
was
observed.
Section
22.17 of
the
Act
requires the owner' and operator to take remedial action to
abate settling problems. Issuance of completion of post closure one prior to
remedial action will violate Section 22.17 of the Act.
Number of violations were
reported by the inspector of Springfield
Regional Office, and you are
required to take corrective actions before
certification of completion of post-closure care
period
is issued.
Within 35 days after
the date of
mailing of the Illinois EPA's final decision, the applicant may
petition for
a heating before
the Illinois Pollution Control Board to contest the decision of the
Tliinois EPA, however, the 35-day
period for petitioning fora hearing may
be extended for a
period of time not to
exceed 90
days by written notice provided to the Board from the applicant
and
the Illinois EPA
within
the 35-day initial appeal period.
Should
yon
wish to reapply or have
any questions regarding this application,
please contact
Mr.
Shantilal Shah
of Solid Waste Unit or
Brett Bersche of
Solid Waste Groundwater
Assistance
Unit at 217/524-3300
Sincerely,
Steph F.
Nightingale P.E.
Manager, Permit Section
Bureau of Land
ca,"
SS/ 1,,t/g:3141s.dcic
BrylifC Bross,?
Klingner Associates, P.C.
'-
?
4/0
PAGE
?
114/A4
P 0 4
TOTCIL P,04
ILLINOIS POLLU
TION
CONTROL BOARD
April 3. 2008
BUICKI IAN.
Petitioner.
ILLINOIS ENVIRONMENTAL.
PROTECTION AGENCY.
Respondent.
ORDER OF THE BOARD (by G.T. Girard):
PCB 08-59
(Permit Appeal - Land)
(90-Day Extension)
On March 28. 2008, the parties timely Filed a joint request to extend the 35-clay period
within which John Blickhan (Blickhan) may appeal a February 22. 2008 determination of the
Illinois Environmental Protection Agency (Agency).
See
415 ILCS 5/40(a )(I ) (2006); 35
Adm. Code 105.208. The Agency's determination concerns a solid waste mana
g
ement site
located in Adams County. In the determination. the Agency denied Blickhan's application for
completion of the post-closure care period. The Board extends the appeal period until June 29.
008. as the parties request.
See
415 ILCS 5/40(a)(1) (2006); 35 III. Adm. Code 105.208. If
Blickhan fails to file an appeal on or before that date. the Board will dismiss this case and close
the docket.
IT IS SO ORDERED
1, John Therriault, Assistant Clerk of the Illinois Pollution Control Board. certify that the
Board adopted the above order on April 3. 2008. by a vote of 4-0.
John Thcrriault. Assistant Clerk
Illinois Pollution Control Board
EXHIBIT
