BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AMEREN ENERGY GENERATING
COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
PCB 08- tt
(CCW Beneficial Use Determination –
Ninety Day Extension)
NOTICE
John Therriault
Assistant Clerk
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601-3218
Amy C. Antoniolli
Schiff Hardin LLP
6600 Sears Tower
Chicago, Illinois 60606
PLEASE TAKE NOTICE that I have today caused to be filed a REQUEST FOR NINETY
DAY EXTENSION OF APPEAL PERIOD with the Illinois Pollution Control Board, copies of
which are served upon you.
ILLINOIS ENVIRO
IL 4
ENTAL PROTECTION AGENCY
James G. Richardson
Assistant Counsel
Dated: April 1, 2008
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
THIS FILING IS SUBMITTED ON RECYCLED PAPER
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
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AMEREN ENERGY GENERATING
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COMPANY,
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80rd
Petitioner,
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)
v.
)
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PCB
(CCW
08-
Beneficial
4 /
Use Determination –
ILLINOIS ENVIRONMENTAL PROTECTION ) Ninety Day Extension)
AGENCY,
)
Respondent.
)
REQUEST FOR NINETY DAY EXTENSION
OF APPEAL PERIOD
NOW COMES the
Respondent, the Illinois Environmental Protection Agency ("Illinois
EPA"), by one of its attorneys, James G. Richardson, Assistant Counsel, and, pursuant to Section
40(a)(1) of the Illinois Environmental Protection Act (415 ILCS 5/40(a)(I)) and 35 III. Adm.
Code 105.208, hereby requests that the Illinois Pollution Control Board ("Board") grant an
extension of the thirty-five (35) day period for petitioning for a hearing to July 6, 2008, or any
other date not more than a total of one hundred twenty-five (125) days from the date of receipt of
the Illinois EPA's final decision. In support thereof, the Illinois EPA respectfully states as
follows:
1.
On February 29, 2008, the Illinois EPA issued a final decision to the Petitioner.
2.
On March 27, 2008, the Petitioner made a written request to the Illinois EPA for
an extension of time by which to file a petition for review, asking the Illinois EPA to join in
requesting that the Board extend the thirty-five day period for filing a petition by ninety days.
Upon information and belief the Petitioner did receive the final decision on March 3, 2008.
1
James G. ichardson
Assistant Counsel
3. The additional time requested by the parties may eliminate the need for a hearing
in this matter or, in the alternative, allow the parties to identify issues and limit the scope of any
hearing that may be necessary to resolve this matter.
WHEREFORE, for the reasons stated above, the parties request that the Board, in the
interest of administrative and judicial economy, grant this request for a ninety-day extension of
the thirty-five day period for petitioning for a hearing.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Dated: April 1, 2008
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
THIS FILING IS SUBMITTED ON RECYCLED PAPER
2
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217i524-3300
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7607 0220 C)=.
Paul R. Pike
Ameren Services
1961 Oh ititeau Avei ue
PO
BOX
06149
St. Louis, Missouri?
0(i-6149
Re:?
1370305002 - N4organ County
Ameren C IPS
I og No. 2007-4(i2-CCB
I
:, p1ration lJne: February
29.1008
Solid Waste Permits
Permit Approval
Dear Mr. Pike:
A be
lie
tidal use determination is hereby granted to Ameren Services for the use of coal
combustion by-product (CCM. the determination is limited to CCB produced at the Meredosia
Power Station from the combustion of coal used in the generation of electricity. The CUB will be
used as structural till in the construction of three roads at the Ameren Energy Generating
Company
Nleredosia Power Station.
"jhe application approved by this determination consists of the t011owm ?
ocuments:
DATED
?
DATE RECEIVED
Original Application
?
November 2, 2007
?
November i.104.17
Additional Informal: n?
November 23, 2007
?No
embe
?
2007
Additional informa?
January 31. 21.101'1
?
February 4. 2008
Final plans, specifications, application, and supporting documents. as submitted and approved.
shall constitute part of this determination and are identified on the records of the Illinois
Environmental. Protection Agency. Bureau of Land, Division of Land Pollution Control by the log
/lumber desienated in the heading above.
Page 2
The determination is issued subject to the following special conditions. In case of
conflict
between the deternUnation application referenced above and these conditions, the
conditions 01
this determination shall govern.
I. The
placement and end use of the CC:B shall not cause, threaten, or allow the discharge of
any contaminant into the environment.
The placement and end use must protect hum!an health and safety and the e mon lent.
The approval
of this
beneficial use shall become effective February 29, 2008
and
remain
effective until February 28, 2013. Should construction of the roadways not be completed
M:
!thin 5 years of the date of this permit, a request for an
extension
may be submitted.
Construction
al all three roads must he completed within four months
from the date
construction
began. Ameren shall keep daily constmction logs to document the start al
the project and coinpletion dates.
The edge of We asphalt road
surface must
extend at least 6 inches past the tertical ed
CCB structural till placed beneath the road as structural till.
6. the
asphalt roadway embankment and road shoulders must be inspected annually. The
surface must be maintained and all cracks, potholes and erosion shall he repaired at least
annually.
At no time may the CUB
placed within the completed road be exposed.
C(T3 may net be used in any way for construction of the side slopes of the road. Fill
beneath the side slopes must be clean compacted soil, not CUB.
This determination is
subject to review and modification
by the Illinois EPA as deemed
necessary to ltdfill the intent and purpose of the Environmental Protection Act, and all
applicable
environmental rules and regulations.
application fin- renewal must he submitted 90 days prior to the expiration date.
10. Coal
combustion waste used in accordance with this determination shall be considered
CUB during the effective period of
this approval as tom; as it is used in accordance with
the conditions described above.
I t.
This beneficial use determination does not authorize the use of (TB beyond the expiration
date
All structural till
placed during the awhorMation period
shall comply
with all terms
and conditions of this
determination. Alter expiration of this beneficial use determination,
failure to maintain the structural till and cover in accordance
with the terms and
conditions of this determination may result in a violation of section 21(a)
or
the Illinois
Environmental Protection Act.
Sincerely,
/
Ulitt?
O•ttiliti?
aLM
?
A.11?
■•■•■•■?
4?.
them. the
Illinois 1 PA may refer any discovered
N
iolation of these laws to the appropriate
regulation authority.
Within 35 days of the date of mailing of the Illinois EPA's final decision, the applicant may
petition for a hearing before the Illinois Pollution Control Board to contest the decision of the
Illinois EPA, however. the 35 day period for petitioning for a hearing may be extended tOr a
period of time not to exceed ninety days by written notice provided to the Board from the
applicant and the Illinois EPA within the 35-day appeal period.
Stephen ineale.
Ntanager, Pennit Section
Bureau of Land
SI'N: NI Eiltin ls,1)83(f6 1 s.doc
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on April 1, 2008 I served true and
correct copies of a REQUEST FOR NINETY DAY EXTENSION OF APPEAL PERIOD 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, Illinois 60601-3218
Amy C. Antoniolli
Schiff Hardin LLP
6600 Sears Tower
Chicago, Illinois 60606
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
James G. ichar
Assistant Counsel
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
3