RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
KIBLER DEVELOPMENT CORPORATION,
N kTV 2
' 2006
)
and
MARION RIDGE LANDFILL, INC .,
STATE OF
ILLINOIS
)
Pollution Control Board
Petitioners,
v.
D1
-
)
PCB 6RO5S
(Permit Appeal - Land)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent .
)
PETITION FOR REVIEW OF PERMIT DENIAL
NOW COME Petitioners, KIBLER DEVELOPMENT CORPORATION and MARION
RIDGE LANDFILL, INC ., through their undersigned attorney, and file this Petition for Review of
Permit Denial pursuant to Section 40(a)(1) of the Illinois Environmental Protection Act, 415 ILCS
5140(a)(1), and pursuant to 35 111. Adm
. Code, Part 105, Subpart B, and seeks reversal of the
decision made by the Respondent, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
(hereinafter "IEPA"), dated October 18, 2006, which denied an application of Petitioners to modify
the permit currently effective at the site . In support of this petition, Petitioners state as follows
:
1 .
On or about May 2, 2006, Petitioners submitted to the IEPA an application for
modification of the construction and operation criteria set forth in Permit No
. 2000-
199-LF, which
was issued to Petitioners by the IEPA's Bureau of Land on July 23,
2004.
2.
By letter dated October 18, 2006, the IEPA denied the Petitioners' application for
modification . A true and accurate copy of that permit denial letter is attached hereto,
and incorporated herein, as Exhibit "A ."
3 .
Petitioners hereby appeal from the decision of the,IEPA,
which
should be reversed
for one or more of the following reasons :
a
. The IEPA decision is arbitrary and unreasonable, and lacks any basis in law or fact
;
b
. The IEPA decision, set forth in the October 18, 2006 letter, is vague and
unintelligible ;
c. The IEPA has failed to state the facts and laws supporting its decision, and in
particular has failed to identify any provision of the Illinois Environmental
Protection Act or this Board's regulations which would be violated by the
Petitioners' requested modification .
d . Petitioners reserve the right to raise such other and further bases for permit review
and reversal as such bases become known and apparent.
WHEREFORE, Petitioners request that this Board order the IEPA to submit the record
forthwith, set this appeal for a hearing regarding the IEPA's denial, and, after the hearing, enter an
order reversing the decision of the IEPA, and grant such other and further relief as this Board
deems just and appropriate
.
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
Telephone : (217) 523-2753
Fax : (217) 523-4366
Respectfully submitted,
Kibler Development Corporation and Marion Ridge
Landfill, Inc ., Petitioners,
By their attorney,
HEDING LAW 0 FICE
B
1021 t`LD¢TH GRAND AVENUE EAST,
RO . Box 19276, SPRINGFIELD, ILLINOIS 62794-9276-( 217) 782-3397
JAMES
R .
THOMP50N CENTER, 100 WEST RANDOLPH, SUITE 11-300 CHICAGO, IL 60601 - (312) 814-6026
ROD R . BLAGOJEVICH, GOVERNOR
DOUGLAS P . SCOTT, DIRECTOR
217/524-3300
October 18, 2006
Marion Ridge Landfill, Inc .
Attn : Mr. Patrick Mazza
290 South Main Place
Carol Stream, Illinois 60188
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Re:
1990555136 -- Williamson County
Marion Ridge Landfill
Log No
. 2006-159
Permit File
Dear Mr..Mazza :
This will acknowledge receipt of your Application for Permit to modify a solid waste
management site, dated May 2, 2006, and received by the Illinois EPA on May 8, 2006 .
Your permit application to modify the types of waste accepted at the landfill 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 ILCS 5/39(a)]
requires the Illinois EPA to provide the applicant with specific reasons for the denial of permit .
The following reason(s) are given :
1 .
Subsection 39(a) of the Act states that "The Agency shall adopt such procedures as are
necessary to carry its duties under this Section"
. By practice, the Illinois EPA has
adopted the procedure of describing solid waste landfills by waste type in the first
sentence of the landfill's permit and requiring changes to this description be made
through the permit process .
The permit application (Log No . 2006-159) proposes to amend the landfill's permit by
the addition of three special conditions . The first two proposed conditions would restrict
the type of waste the landfill will be able to accept
. The third condition would allow the
Marion Ridge Landfill to begin to accept putrescible waste within 14 days of obtaining an
exemption, or some other type of exclusion, from
the requirements of the Ford Act----
without any further modification to the landfill's permit from the Illinois EPA's Bureau
of Landfill .
ROCKF-RD -
4302 North Main Street, Rocklord, IL 61103-(815) 987-7760 • Des PLANES-95111 W
. Harrison St., Des Plaines, IL 60016-(847) 294-4000
ELGIN-595 South State, Elgin, IL 60123 -(847) 608-3131
• PEORIA-5415 N . University St.,
Peoria, IL 61614-(309) 693-5463
BurrAu or LAN -P=CRIA-7620 N . University St ., Peoria, IL 61614-(309) 693-5462
•
CH'.MPAICN-2125 South Firs. Street, Champaign, IL 61820-(217) 278 .5800
SPRINGI EtC-4500 S . Sixth Street Rd ., Springficd, IL 62706-(217) 786-6892 •
COUINSVILLE-2009 Mall Streer, Cc IIILsville, IL 62234 -(618) 346-5120
MARION- 2309 W . Main St ., Suite 116, Marion, IL 62959 -(618) 993-7200
Certified Mail
7002 2030 0001 1879 3797
Pa,NTED ON RECYCLED PAPER
11
EXHIBIT
A
Page 2
Within 35 days after the date of nailing 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 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 you wish to reapply or have any questions regarding this application, please contact Tom
Hubbard at 217/524-3286 .
Sincerely,
Currently, the first sentence of the permit for the Marion Ridge Landfill says that the
permit allows the development of a "municipal solid and non-hazardous special waste
landfill
." Under the Illinois-EPA's procedure, if the first two conditions proposed in the
application were included in the permit, the restrictions they impose would need to be
reflected in the first sentence of the permit
. That is, the first sentence of the permit letter
would need to be modified to state that the permit allows the development of a landfill
that will be able to accept non-hazardous solid waste, including non-putrescible special
waste
; and excluding all putrescible waste and household waste . Also, under die
procedure, if in the future, the Marion Ridge kandfill becomes able to and wants to start
accepting household and putrescible waste, it would need to have the first sentence of the
permit changed through the permit process
.
Thus, the proposed third condition is counter to the procedure adopted by the Illinois EPA
in accordance with Subsection 39(a) of the Act .
`LF
Stephen F. Nightingale, P
.E.
Manager, Permit Section
Bureau of Land
SFN~5L:TWHI\ :bjh\06754s .doc
7r-4
~m
cc:
Michael W
. Rapps, P .E., Rapps Engineering & Applied Science
Jack Delaney, Federal Aviation Administration
Steven J. Long, P
.E., IDOT, Division of Aeronautics
CLERK'S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
NOV 2 1 2006
KIBLER
DEVELOPMENT CORPORATION and
)
Pollution
STATE OFontrol
C ILLINpIg
Board
MARION RIDGE LANDFILL, INC .,
)
Petitioners,
v.
) Case No.211
Permit Appeal
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
)
NOTICE OF FILING AND PROOF OF SERVICE
The undersigned certifies that an original and nine copies of the
foregoing Petitioners'
Petition for Review of Permit Denial and of this Notice of Filing and Proof of Service,
were served
upon the Clerk of the Illinois Pollution Control Board, and one copy to the Respondent, by
enclosing same in an envelope addressed to :
Dorothy Gunn, Clerk
Douglas P
. Scott, Director
Illinois Pollution Control Board
Illinois Environmental Protection Agency
James R. Thompson Center
1021 N. Grand Avenue East
100 W. Randolph St
., Suite 11-500
P.O. Box 19276
Chicago, IL 60601
Springfield, IL 62794-9276
Division
Illinois Environmental
of Legal CounselProtection
Agency
P1021
.O.
NBox
. Grand
19276Ave
. East
Springfield, IL 62794-9276
with postage fully prepaid, and by depositing s id envelope in a U
.S . Post Office Mail Box in
Springfield, Illinois before 5 :30 p .m. on the7
;
day of November, 2006 .
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
Telephone: (217) 523-2753
Fax: (217) 523-4366
hedin er@cityscape
.net
This document prepared on recycled paper
