-

RECEiVED

fl

C~FRK’S

OFFICE

S~t:OF~:IS

Pollution Control Board

BEFORE THE ILLINOIS POLLUTION CONTROL

BOARD

THE CITY OF

KANKAKEE,

an Illinois

)

Municipal Corporation

)

)

Plaintiff

)

VS.

)

No.

PCB 03-125

)

COUNTY OF

KANKAKEE,

a body politic and

)

(Pollution Control Facility

Corporate;

KANKAKEE

COUNTY BOARD;

)

Siting Appeal)

And WASTE MANAGEMENT OF ILLINOIS,

)

INC.,

)

Defendants

)

NOTICE OF FILING

To:

See Attached Service List

PLEASE TAKE NOTICE that on March 4, 2003 there caused to be filed via U.S. Mail

with the Illinois Pollution Control Board an original and 9 copies ofthe following document, a

copy ofwhich is attached hereto:

KANKAKEE COUNTY BOARD: Decision Regarding the Application of Waste

Mangagement ofIllinois, Inc. for Local Siting Approval ofan Expansion ofthe Existing

Kankakee Landfill.

That said document was inadvertently not attached to the Petition for Hearing to Contest

Site Location Approval and said filing is intended to cure that problem.

Respectfully submitted,

The City ofKank ee

By:

______________________________

Attorney for City ofK

ee

Prepared by:

L.

Patrick Power #2244357

Corporate Counsel

956

North Fifth Ave.

Kankakee, IL 60901

(815)

937-6937

---

n1~)r

A

~CE~VED

~

CLF~RK’5

BEFORE THE ILLIN~~P~)1

0

~OL

BOARD

S1Ath

MI4R

OF 5

iLui’~0LS

2003

THE CITY OF

KANKAKEE,

an Illinois

)

POIIUtIOfl COntrol Board

Municipal Corporation

)

)

Plaintiff

)

VS.

)

No. PCB 03-125

)

COUNTY OF

KANKAKEE,

a body politic and

)

(Pollution Control Facility

Corporate;

KANKAKEE

COUNTY BOARD;

)

Siting Appeal)

And WASTE MANAGEMENT OF ILLINOIS,

)

INC.,

)

Defendants

)

SITE LOCATION APPROVAL

NOW COMES the Plaintiff,

CITY OF

KANKAKEE, and files nine copies of the

Decision of the County of Kankakee which was referred to in the original Petition filed

herein but inadvertently not attached.

Respectfully submitted,

The City of a

ee

By:_____

Attorney for City ofK

akee

Prepared by:

L. Patrick Power

#2244357

Corporate Counsel

956

North Fifth Ave.

Kankakee,IL 60901

(815)

937-6937

---

CLERK’S ~

~

of the Ill~teiL~ss~uiS

MI.IR

5 2003

The undersigned, pursuant~to e

of Civil Procedure, hereby under penalty ofperjury under the laws ofthe Un~t

~1.~W~tro!

Board

America, certifies that on March 4, 2003, a copy of the foregoing Filing of Exhibits to

Petition for Hearing to Contest Site Location Approval was served upon:

Karl Kruse, Charman

Kankakee County Board

189 E. Court St.

Kankakee, IL 60901

Charles F. Heisten

Attorney at Law

P.O. Box 1389

Rockford, IL 61105-1389

Attorney for Kankakee County Board

Edward Smith

450 East Court St.

Kankakee, IL 60901

Kankakee County State’s Attorney

George Mueller

Attorney at Law

501 State Street

Ottawa, IL 61350

Leland Milk

6903 5. Route

45-52

Chebanse, IL 60922

Keith Runyon

1165 Plum Creek Dr.

Bourbonnais, IL 60914

Donald J. Moran

Attorney at Law

161 N. Clark, Suite 3100

Chicago, IL 60601

Bruce Clark

Kankakee County Clerk

189 E.

Court St.

Kankakee, IL 60901

Jennifer J. Sackett Pohlen_,

Attorney at Law

275 W. Jackson Blvd., Suite 1600

Chicago, IL 60604

Attorney for Mike Watson

Kenneth A. Bleyer

Attorney at Law

923 W. Gordon Ter. #3

Chicago, IL 60613-2013

Patricia O’Dell

1242 Arrowhead Dr.

Bourbonnais, IL 60914

By depositing a copy thereof, enclosed in an envelope in the United States Mail at

Kankakee, Illinois, proper postage prepaid, before t

hour of 5:00 p.m., addressed as

above.

o

SUB

17/u

day ofMarch 2003.

Prepared by:

L. Patrick Power

Assistant City Attorney

956 N. Fifth Avenue

Kankakee,IL 60901

(815) 937-6937

---

KANKAKEE COUNTY BOARD

Decision Rer~ardinn

the

Application

of Waste Manaaen~ntof Illinois. Inc.

For Local SitinQ Approval of an ExDansion of the Existjnq Karikakee

Landfill

Whereas, on

August

16,2002, Waste Management of

Illinois,

Inc. (WMII)

filed

an

appUcatlon

forlocal siting approval for an expansion of its existhig Kankakee

landfill;

and

Whereas public hearings have

been held

on the application, before Hearing

Officer

John McCarthy,

and

public comments

filed

or postmarked by

January

6;

2003

have

been received; and

Whereas

the

Kankakee

County Regional

Planning

Commission

(KCRPC) has,

pursuant to the Kankakee

County

Siting

Ordinance for

Pollution Control

Facilities

(Siting

Ordinance),

considered the

application and the siting

record, arid

has made findings

and recommendations to

the Kankakee County

Board (Board);

and

Whereas

the

Board has considered the

record

of the

siting-proceeding,

including,

but

not limited to, the testimony, exhibits,

and

comment given alt the public hearings, the

application, and the public comments;

and

Whereas, the Board has also received

and

considered the recommendations of

the KCRPC;

and

Whereas the

Board has met, in

a

session open

to the public, to discuss and

consider

WMII’s application;

Whereas,

pursuant to state statute (4f5 ILCS 5/39.2)

and the Siting Ordinance,

the Board is to determine compliance or noncompliance

with the

statutory

criteria

of

JurisdictIon

The Board finds

that all jurisdictional requirements have been satisfied. Thus,

the

Board

has jurisdiction to

consider

Fundamental Fairness

The Board

finds that the

proceedings

have

been conducted

In a fundamentally

(air manner.

---

Statutory

criteria

Section

39.2(a)

of the Illinois Environmental Protection Act requires that an

applicant for

local siting approval demonstrate compliance

with nine criteria.

Whether the facility is

necessary to accommodate the waste needs of the

area it

is

intended

to serve. The Board finds that the

proposed

facility is necessary to

accommodate the waste needs of the area it Is intended to

serve.

2.

Whether the facility is so desitined, lgcated,

and

proposed to be operatedthat the

øubtic health, safety,

and

welfare will be

protected.

The Board

finds

that

the

proposed

facility is so designed, located,

and

proposed to be operated that the

public

health,

safety,

and welfare will be protected.

However, that

finding

is

based upon the imposition of the following special conditions:

a.

There shalt be no vertical expansion of the existing

facility.

b.

The lateral expansion must be considered a separate unit from

the

existing landfill, as

defined

in 35 !liAdm.Code 810.103,

and

separate

groundwater monitoring

networks shall be maintained for

the

expansion

and

for the existIng landfill.

c.

A field verification must be

performed

to locate all private wells, currently

used as a source of potable water, located within 1,000

feet

of all

boundaries

of the

property.

d.

Downgradient monitoring well

spacing in the uppermost aquifer

(regardless

of gradient) must be

provided, where

adjacent potable water

supply wells

are located

in the Dolomite.

e.

The

sand

monitored as potential contaminant migration pathways.

f.

The distance from the waste

footprint to the

east

property

boundary shall

not be less than

150

feet.

-

g.

An

independent

engineer shall be on-site to observe the sand drainage

layer

and the initial lift

of waste

placed

in any new cell. The engineer shall

report d’nectly

to the County,

and

shall have the authority to stop

placement of

sand

or waste

during

this

initial

operation if he or she

observes any

condition

that

would

or could damage thbtom~liner.-

h.

The active face must be kept at a minimum to reduce lifter, vector,

and

odor impacts.

The

active face

shall

be a

maximum

of 180 feet by

120

feet, excepting the area allowed for

random

inspections,

unless

an

alternative minimum size is specifically approved by the County Board.

i.

Trucks

holding

waste

shall

not be parked or

stored

overnight at the facility,

or staged on Route 45/52, or on the right-of-way outside of the landfill

facility.

j.

Fencing is

required

to prevent

unauthorized access. An eight-foot

high

wooden or other view-obstructing, County acceptable fence shall be

constructed

on the

east

side of

the property

to help block the view of the

site.

A fence

that

fully encloses

the

operation shall be

constructed

to

2

---

prevent

access

to

the site

before

landfill operations begin

on

the

expansion. As

cells

are

developed,

the fence shall be

extended

to

encompass

the

waste

footprint.

k.

Litter

control is an

important consideration. The

landfill operator shall pick

up litter on a daily basis

along

Route

45/52 between

the landfill and

the

I-

57

interchange,

as well as at least

one-quarter mile south

of the landfill

along

Route 45/52.

Il

allowed

by

adjacent property

owners,

the landfill

operator shall

remove any

litter attributable to the landfill on those

adjacent

properties

on a weekly basis. Perimeter

picking

on site shall be

performed

daily to remove

litter

from trees, fencing, and berms.

Video

recordings

of all traffic entenng the site shall be retained-for a

period

of at feast six months. The County shall

have the right

to

review

the

recordings

within

two days

of requesting to

review

a tape.

m.

Leachate shall not be recirculated

for a period

of at least

four

years after

the receipt of the operating

permit.

Following this period, the landfill

operator may, If it chooses, petition the County Board to recirculate

teachate. The County Board shall review the operational

record

of

the

site

and obtain advice

from

an independent

technical expeit-to-determine-if

the

operator has demonstrated that leathate recirculation is a safe

and

appropriate method to handle the leachate at

this

facility. Reasonable

expenses of the

technical expert

shall be

reimbursed

by

the

landfill

operator.

Leachate

may not be

recirculated without

the express approval

of

the County Board.

n.

The

minimum

number

of random

load inspections

shall

be three per week

as

specified

in state

regulations.

For any amount of tonnage received

above

an average of

500

tons

per

day, the number of

inspections shall

be

increased

on the following basis:

For each

500

ton

per

day average increase, the

number

of

random

weekly

inspections shall be increased

by two. For example, ii up to

1000

tons

per

day average is accepted the previous wee!c, the

week

shall

have

five inspections (three inspections

for

the first

500

tons, and two for

the next

500).

If the weekly rate is 2000 tons

per

day, the

inspection

rate is three plus

two

plus ‘two plus two, to equal

nine random inspections.

After five

years

of operation, the landfill operator may request a

review

and reconsideration of this random inspection requirement by the County

Board.

The

County landfill inspector shall have the right to inspect

arid

to

be present at any random load inspection.

o.

The

landfill

operator

shall install a

radiation

detector at

the scale

house.

The

landfill

operator shall record any alarm, and

notify

the

County

of

each

occurrence, the level of

radiation

detected, and the manner of response.

p.

The

maximum height of the

landfill, and

shall not exceed the height and lateral extent shown on the plans provided

in

the

application.

3

---

q.

The landfill operator

shall build the

berms on the west side of the property

at least 1,000 feet in advance of any cell construction, measured from the

southernmost coordinate of the cell.

For example, if the cell’s

southernmost coordinate is S 3500,

then the

berm shall extend to S 4500

or further south. The only exception to this condition is during the

•

construction of Phase I.

r.

The gas line that is

to be

relocated

shall be fully sealed

from

any

potential

migration from the landfill. If the pipeline is within 200 feet

of the

waste

•

footprint, the trench where the pipeline is removed shall be sealed with a

low

permeability material. The construction shall be certified by an

independent professional engineer.

a.

Proof of each equipment operators training shall be provided

to the

County prior to that operator’s work

at

the site.

t.

The landfill operator shall not

request the use

of

sewage

sludge as a

component

of final

cover in its JEPA permit application without first

obtaining County Board approval

of

such use.

u.

An

automatic monitoring system

shall

be installed

to monitor

the level

of

leachate from

each leachate sump area.

The

system shall

record the

head

in the

sump such

that at no time wili

the

leachate level be

aflowed.to

rise above the level that corresponds

to

one foot of head on the liner. The

landfill

operator shall maintain

the records from the automatic monitoring

system, and make

those records accessible to the County.

v.

The. Kankakee County Planning Director shall

be

informed, prior

to

construction,

of

the stormwater control planned for

each phase of

landfill

development. The operator shall provide the Planning Director with a

copy

of eli

correspondence

to or

from

the Illinois Environmental

Protection

Agency

related

to stormwaterdetention and

runoffcontrol operations.

vi,

The

landfill operator shall implement the complaint procedure outlined in

the application, including

a

hot line phone number,

to address

complaints.

x.

The

landfill operatorshall

install

and maintain a double composite

liner.

y.

The landfill

operator

shall

locate

any

farm drainage tiles

on

the property.

and work with the County and appropriate drainage districts regarding

possible removal

or

relocation

of

those

tiles.

3.

Whether

the

facility is located so as to minimize incomDatibilitv with

the character

of the

surrounding area

and to minimizg ,the

effect

on

the

value of the

surroundlnairoperty.

The Board

finds

that the proposed

facility

is

located

so as

to minimize incompatibility

with

the character of

the

surrounding area

and

to

minimize the effect on the value of

the

surrounding

property.

However, that

finding

is based upon

the

imposition of the

following special conditions:

a.

The landfill operator

shall

build

the banns

on the west side of the property

at least

1000 feet

in advance of any cell construction, measured from the

southernmost

coordinate

of

the cell

For example, if

the

cell’s

southernmost

coordinate

is S 3500, then the berm shall

extend

to S 4500

or further south. The

only exception to this condition is during the

4

---

construction of

Phase I

b.

The area on the west side

of

the landfill

that has no

proposed berming

•

•~.

shall have trees planted on the

exterior elope

of the access road to

provide a visual barrier.

c.

Any vegetation planted on the west side

of the

landfill as a visual barrier

shall be at least ten feet tall, and at a

density

adequate to provide a visual

barrier;

d.

The distance from the waste footprint to

the

east

property boundary

shall

•

not be

less than 150

feet.

e.

A visual barrier

independent of the landfill cap shall be placed at least ten

• feet in height above grade

at or

near the

east

property line

to include

vegetation, undulating berrns, and fencing.

4.

~hetherthe facility

is

located outside the boundary

of the

100

year

floodplain,

or

the site is

fIoodproq~. The Board finds that the proposed facility is located

outside the boundary

of the

100

year

floodplain.

5.

Whether the plan

of operations for the

facility

is designed to minimize the danger

to the

surroundinQarea from

fire, spills, or other operational

accidents. The

Board finds that the

plan of

operations

forthe facility is

designed

to

minimize the

danger

to

the surrounding

area from fire,

spilis,

or other

operational accidents.

However,

that

finding

is based

upon

the

imposition of the following special

condition:

a.

The

landfill operator

shall install a radiation detector at the

scale house.

The

landfill operator

shall

record

any alarm,

and notify the County of each

occurrence, the

level of

radiation detected, and

the

manner of response.

6.

Whether the traffic patterns

to or

from the facilltv~

are

designed to minimize

the

impact

on existing

traffic flows

The Board

finds

that the

traffic patterns

to or

from

the

facility

are

designed

to

minimize

the

Impact

on

existing

traffic flows

However,

that finding is

based

upon the

imposition

of the following special

conditions:

a.

All

construction

plans

for the facility entrance shall be provided

to the

County

Highway Engineer

prior

to construction.

The

landflN

operator

shall

demonstrate to the County that

sight distance

of at least 1.015 feet of

visibility can

be achieved by

the final entrance

design.

Au

improvements

higher

than

three and a halt feet

above

the elevation of the

nearest

pavement

edge shalt

be

set

back at least 50 feet from Route45/52.

b.

The traffic site

improvements identified

in the application must be

completed pnoto

operation of the expansion.

c.

The onsite

traffic

route

for

the customer convenience area (public

drop-off)

should be separate from

the onsite

traffic route designed for the

commercial landfill operation.

d.

The landfill

operator

shall comply

with

all use and weight

restrictions

S

---

imposed on area

roads

by the

County

Highway

Engineer and/or the Otto

•

Township Road

Commissioner.

• e.

-• The

County Highway Engineer shall be

informed

of the planned turning

radius of

the first

onsite

curve,

and his approval

of

that turning radius must

be obtained prior to

construction.

r.

Advance warning signs would be beneficial

on Route 45/52, in

both

directions, In

advance

of

the proposed entrance.

For example, a

“side-

road ahead~symbol sign, or a

~TrucksEntering

Roadway1’ sign

could be

posted. The landfill operator shall provide its opinion

about signage to

IDOT and to the County Highway Engineer prior to the operators request

fora

construction.permit.

g.

The

landfill operator

shall

notify IDOT

of all

concerns noted

in these

conditions

when applying for an

Intersection Design

Study (IDS), and

• those concerns shalt be

addressed

in the operatox’s efforts to secure a

construction

permit.

The landfill

operator

shall provide a copy of

its permit

application to the County Planning

L)ireclor.

h.

•

Trucks shall

riot

be

staged outside the

gates

prior

to the

opening

of the

facility.

The

landfill operator shall develop recommended

truck routes to and from

the fac~fty,using Interstate

57 and

Route

45152,

and shall distribute those

recommended routesto

trucks and contractors

using the facihty.

7.

If

the facility will

be treatina. storing or. djsppsin~of

hazardous

waste.~an

emenencv response Plan exists for

the facility

which includes

notification,

•containn~entand

evacuation

procedures

to

be

used in casepf an

accidental

release.

The

Board finds that

the facility w~lnot

be treating,

staring,

or disposing

of hazardous waste.

Therefore, the

Board finds

that this criterion is not

applicable.

8.

If the facijity is to be

Iocatedi~i

a

county

where the

county

board has adooted a

:501kt

waste

management ~tan

consisteotwith the Dianninci

requirements of the

Local Solid

Waste

Disposal Act or the

Solid Waste Planning and

Recvchng Act.

the facility is consistent with that plan.

The Board finds

that the facility is

consistent with the

Kankakee County Solid

Waste Management Plan.

However,

that

finding

is based upon the imposition of the following special

conditions:

a.

The landfill operator must comply with

all obligations

and

responsibilities

of the December

21,

2001 Host Agreement between the County and

Waste Management of Illinois, Inc.

b.

The landfili operator must employ independent appraisers

acceptable to

the County as part

of the

Property

Value Guarantee

Program.

c.

The Property Value Guarantee Program must be amended to provide

that

the Program continues for ten years after the included Property Owners

are notified thatwaste is no longerbeing

disposed

of at the

facility.

9.

If the facility will

be

located

in a regulated

recharge area. any aø~licabIe

6

---

requirements

specific

by the Board

for such areas have

been met. The Board

finds

that the

facility will not be located

In a regulated

recharge

area. Therefore,

the

Board

finds thatthis

criterion is not

Conclusion

The

Board

finds that all conditions recommended in this resolution are

reasolnable

and necessary

to accomplish the purposes of Section 39.2 of

the

Environmental

Protection

Act. (415 ILCS 5/39.2.) Because the Board

has found that

all applicable

statutory criteria have been met, local

siting

approval

for

the

proposed

expansion is granted, subject to the above-stated

conditions.

This

Decision

made

and

entered on January 31, 2003.

~

KARl.

A. KRUSE,

~

ATTEST;

~

BRUCE CLARK.

COUNTY

CeL~

CLERK

7

*~K

TCTI~L

P~GE.R9