THE CITY OF KANKAKEE, an Illinois
Municipal Corporation
VS.
)
(Pollution
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Control Facility
)
Siting Appeal)
)
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CFFiCE
2003
STATE OF ILLINOIS
Pollution Control Board
)
Plaintiff
)
COUNTY OF
KANKAKEE,
a body politic and
Corporate;
KANKAKEE
COUNTY BOARD;
And WASTE MANAGEMENT OF ILLINOIS,
INC.,
Defendants
)
AMENDED NOTICE OF FILING
To:
See Attached Service List
PLEASE TAKE NOTICE that on February 21, 2003 there has caused to be filed via U.S. Mail
with the Illinois Pollution Control Board, an Amended Notice ofFiling on the previously filed Petition
for Hearing to Contest Site Location Approval.
By:
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STATE OF ILLINOIS
)
)ss
Proof of Service
COUNTY OF KANAKKEE)
The undersigned, being first duly sworn, state that I served a true and correct copy ofthe aforegoing Notice, together with a copy
of each document referred to therein, upon the person(s) indicated at their address(es) in
ated by mailing
Kanka ee, Illinois, before
SUBSCRIBED6:00
P.M. on theAND
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SWORN TO
daybeforeofmeFebruarythis 2003.~
day of February 2003.
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Prepared by:
L. PATRICK POWER #22443
57
ATTORNEY AT LAW
956
NORTH FIFTH AVENUE
KANKAKEE, ILLINOIS 60901
(815)
937-6937
Attorney
7~1 03 10:15a
Cii~ oF Kankakee, IL
936-3619
p.3
SERVICE LIST
Karl Kruse, Channan
Kankakee County Board
189 B. Court
St.
Kankakee, IL 60901
Charles F. Neisten
Attorneyat Law
P.O.
Box
1389
Rockford,IL
61105-1389
Attorney
for Kankakee County Board
Fax;
(815)
963-9989
Edward Snuth
450 East Court St.
Kankakee, IL 60901
Kazikakee County State’s Attorney
Fax: (815)
937-3932
L. Painck
Power
Attorney at Law
956
North
Fifth
Avenue
KankakeeIL 60901
Leland
Milk
6903
S.
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
Attorney
for
Waste Management
ofillinois
Fax:
(312)261-1149
Bruce Clark
KankakeeCounty Clerk
189
B. Court St.
Kankakee, IL 60901
Fax:
(815)939-8831
Jennifer
J. Sackett
Poblenz
Attorney
at
Law
275
W. Jackson Blvd.,
Suite 1600
Chicago,
IL
60604
Attorneyfor
Mike
Watson
Fax:
(312)
540-0578
KennethA. Bleyer
Aftorney
at
Law
923
W. Gordon
Ter.
#3
Chicago, IL
60613-2013
Patricia
O’Dell
1242
ArrowheadDr.
Bourbonnais, IL
60914
George Mueller
Attorney at Law
501
State Street
Ottawa, IL 61350
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BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
r
THE CITY OF
KANKAKEE,
an Illinois
)
Municipal Corporation
)
)
Plaintiff
)
VS.
)
No.
J)c-~J~
-1~
)
COUNTY OF
KANKAKEE, a
body politic and
)
(Pollution Control Facility
Corporate;
KANKAKEE
COUNTYBOARD;
)
Siting Appeal)
And WASTE MANAGEMENT OF ILLINOIS,
)
INC.,
)
Defendants
)
PETITION FOR HEARING
TO CONTEST SITE LOCATION APPROVAL
Now comes
Petitioner City of
Kankakee, a Municipal Corporation,
(“City”),
by and
through its attorneys,
L. Patrick Power
and Kenneth
A. Leshen,
Assistant City Attorneys, and
respectfully requests a hearing to contest the decision of the Kankakee County Board (“County
Board”) granting site location approval for a new regional pollution control facility. In support
ofthis Petition, the City states as follows:
1.
This petition is filed pursuant to Section 40.1 of the Illinois Environmental
Protection Act, (the “Act”)
(415
TLCS
5/40.1).
2.
On August 16, 2002, Waste Management of Illinois, Inc. (“WMII”) filed an
application with the County Board for a new regional pollution control facility immediately
adjacent to its existing landfill.
3.
On January 31, 2003, following service and publication of notice and public
hearings conducted before the County Board, the County Board formally approved the siting
request. A true and correct copy of the decision of the County Board is attached hereto and
incorporated herein as Exhibit A.
4.
The City appeared and participated in the hearings held before the County Board.
5.
The City contests and objects to the County Board’s siting approval because the
siting process and procedures used by the County Board in reaching its decision were
fundamental unfair for the following reasons:
(a)
Members ofthe County Board prejudged the siting application;
(b)
The County Board did not make available to the public required documents;
(c)
Procedural irregularities rendered the hearings flmdamentally unfair; and,
(d)
The application was not complete and neither the County Board nor WMII
followed the local siting ordinance requirements;
6.
The City further contests and objects to the County Board’s siting approval
because the County Board lacked jurisdiction to conduct the siting hearing and because of the
failure ofWMII to give statutory notice to each of the required parties.
7.
The City further contests and objects to the County Board”s siting approval
because the evidence presented by WMII failed to establish that WMII met the following criteria
as established in §39.2 of the Act, to wit:
(A)
That the facility is so designed, located and proposed to be operated that the
public health, safety and welfare will be protected.
Specifically, the evidence
submitted
by WMII and considered by the County Board fell
short in one or more ofthe following particulars:
(i)
WMII has mischaracterized the permeability, thickness and regularity of the in
situ materials relied upon to protect the public safety;
(ii)
The groundwater impact assessment is based on incorrect input parameters and
is thus ofno value;
(iii)
The inward hydraulic gradient is not sufficiently established or understood; and,
2
(iv)
The regional bedrock aquifer underneath the existing adjacent facility has been
contaminated and impacted by the existing facility and the safety of leachate recirculation and
the proposed tie-in ofthe new facility to the old facility have not been established.
(v)
No statistics or testimony were presented by WMII to show the effects of
recirculation ofleachate upon the safe operation ofthe facility.
(vi)
WMII failed to submit any plans whatever for monitoring the site during its
operation for radioactive waste.
(vii)
WMII failed to do a piezometric surface map ofthe clay beneath the liner in the
proposed plan.
(viii) WMII failed to provide data that would establish that the proposed ground water
monitoring system would be effective.
(B)
That the
facility is
located so as to so as to minimize incompatibility with the
character of the surrounding area and to minimize the effect on the value of the
surrounding properties.
Specifically, the evidence submitted by WMII and considered by the County
Board fell short in one or more ofthe following particulars:
(i)
WMII’s expert witness, J. Christopher Lannert failed to testif~’as to the plan
“minimizing incompatibility” and therefore did not speak to this criterion at all.
(ii)
WMII’s expert witness, Patricia Garr, misrepresented her credentials as an expert
and further, her analysis ofthe estimated effect ofthe proposed facility on the value of farmland
and residential land in the area is unpersuasive.
(C)
That the plan of operation for the facility is designed the minimize the
dangers to the surrounding area from fire, spills, or other operational accidents.
3
(D)
That the traffic patterns to or from the facility is so designed as to minimize
the
impact ofthe existing traffic flow.
8.
The City further contests and objects to the County Board’s siting approval
because the proposed facility is not consistent with the County Solid Waste Plan in that it
prohibits location of a new regional pollution control facility above a major aquifer and because
no Property value Guarantee program was independently prepared and approved by the County
Board.
WHEREFORE, the City prays that the Board enter its order as follows:
A.
Setting for hearingthis contest ofthe County Board Siting Decision;
B.
Reversing the County Board’s siting decision; and
C.
Providing for such other and further relief as this Board deems to be just,
necessary and proper.
Respectfully submitted,
The City ofKankakee
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By
________________________________
Attorney for City ofKankake
Prepared by:
L. Patrick Power
#2244357
Corporate Counsel
956
North Fifth Ave.
Kankakee,
IL 60901
(815)
937-6937
4