4
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
1
1
VS.
)
PCB No. 03-191
1
(Enforcement-Land)
COMMUNITY LANDFILL COMPANY, INC.,
)
an Illinois corporation, and
the CITY OF MORRIS, an Illinois
1
municipal corporation,
)
Respondents.
to: Ms.
Clarissa Grayson
Mr. Bradley P. Halloran
La Rose
&
Bosco
Hearing Officer
200 N. La Salle Street, #28 10
Illinois Pollution Control Board
Chicago, Illinois 6060 1
100
W. Randolph, #2001
(3 12)642-0434
Chicago, IL 60601
Mr. Charles Helsten
Mr. Scott Belt
Hinshaw
&
Culbertson
105 East Main Street
100 Park Avenue
Suite 206
Rockford IL 61 105-1389
Moms, Illinois 60450
(8
15)490-4901
(8 15)94 1-4677
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today, May 30,2007, filed with the Office of the
Clerk of the Illinois Pollution Control Board, by electronic filing, Complainant's Response
to City of Morris Motion for Reconsideration, a copy of which is attached and herewith served
upon you.
BY:
istant Attorneys General
Environmental Bureau
188
W. Randolph St., 20th Flr.
Chicago, IL 60601
(312) 814-5388
- - - - - - -- - - - - -
Electronic Filing, Received, Clerk's Office, May 30, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
1
)
Complainant,
)
)
VS.
)
PCB No. 03-191
)
(Enforcement-Land)
COMMUNITY LANDFILL COMPANY, INC.,
)
an Illinois corporation, and
)
the CITY OF MORRIS, an Illinois
)
municipal corporation,
)
)
Respondents.
1
COMPLAINANT'S RESPONSE TO MORRIS' MOTION TO RECONSIDER
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, and responds to
the City of Morris'
("Morris") Motion to Reconsider, as follows:
I.
INTRODUCTION
On May 17, 2007, the Board directed this matter to final hearing, stating that "...the Board
will not grant any further extensions of time on this issue."' On May 24,2007, the City of
Morris filed its Motion to Reconsider. Complainant respectfully requests that the Board affirm
its ruling and reject any continued attempts by the Respondents to delay resolution of this matter.
11.
HEARING SHOULD BE HELD WITHOUT FURTHER DELAY
To date, the Board has been patient and accommodating to the Respondents. It has
continued this hearing for eight months, based on the Respondents' claim that late-disclosed
witness Edward
Pruim was necessary to their cases. However, as the Board suggests in its
March 15 and May 17, 2007 Orders, it is time to move forward.
1
slip op. at 3
Electronic Filing, Received, Clerk's Office, May 30, 2007
Morris adds nothing new to its previous arguments in it Response or Motion for
Reconsideration.
Instead, it attempts to mislead the Board regarding the condition of the
Landfill, using attached affidavits.
Affiant Devin Moose states that landfill gas probe testing conducted on December 1 1,
'\
2006 by Shaw Environmental, Inc. ("Shaw") indicated that methane lower explosive limit
("LEL") levels were below 50% ('Group Exhibit
A to Afidavit
',
p. 4). He fails to add that gas
probe tests conducted by Shaw on January 3,2006 showed methane LEL levels as high as 11 0%.
(see: Exhibit A
)2. Also, Mr. Moose states that
" ...
Shaw is not aware of any quantitative testing
that has been performed
...
to demonstrate the surface methane concentrations have ever exceeded
500 ppm above background" ('Group Exhibit
A to AfJidavit
',
p. 5).
Mr. Moose fails to advise
the Board that Shaw performed surface emission testing on January 10,2007, and detected
areas of the Landfill where methane surface emissions exceeded 500 ppm over background
concentrations (see: Exhibit
B)3.
The Board should tolerate no further delay in rescheduling a hearing
.
The Board is
entitled to all relevant and competent evidence, as well as an opinion on the credibility of
witnesses, for its determination of a proper remedy for the ongoing violations. Clearly, the Board
should review evidence presented at hearing, subject to cross-examination, not half truths
contained in misleading affidavits.
235 Ill. Adm. Code 81 1.3 1 1, and the relevant permits, require the Respondents to take
corrective action in the event of such an exceedance. There is no record that any effective
actions were taken in response to the high methane test results.
3Pursuant to 35 Ill. Adm. Code 220.250, owners or operators of municipal solid waste
landfills are required to operate a gas control and collection system so as to prevent such
exceedances.
2
Electronic Filing, Received, Clerk's Office, May 30, 2007
WHEREFORE, Complainant respecthlly requests that the Board:
1)
Deny the City of Morris' Motion for Reconsideration;
2)
Order the Hearing Officer to establish a date for hearing on the issue of remedy
against the Respondents;
3)
Provide such other relief as the Board deems appropriate and just.
RESPECTFULLY SUBMITTED,
PEOPLE OF THE STATE OF ILLINOIS,
Jennifer
Tomas
Assistant Attorneys General
Illinois Attorney General's Office
Environmental Bureau
69 W. Washington Street, Suite 1800
Chicago, Illinois 60601
(312) 814-5388
(3 12)
8 14-0609
Electronic Filing, Received, Clerk's Office, May 30, 2007
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cokents
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report,
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your
convexlience.
Sincerely,
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Shaw Group
Company
Electronic Filing, Received, Clerk's Office, May 30, 2007
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Electronic Filing, Received, Clerk's Office, May 30, 2007
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Shaw
&
@ shaw Environmental, Inc.
A World of
Solutions'"
February 1,2007
Illinois Environmental Protection Agency
Bureau of Air
102
12 North Grand Avenue East
P.O. Box 19276
Springfield,
IL
62794-9276
To whom it may concern,
At the request of the City of
Morris, Shaw Environmental, Inc. (Shaw) has performed surface
emission sampling of landfill gas (LFG) at the Community Landfill
-
Parcel B in accordance with
35
Ill. Adm. Code 220.240 (c) and (d). This report summarizes the results of that effect.
Shaw personnel preformed the surface emission sampling on January 10,2007. Shaw personnel
utilized standard NSPS sampling techniques
(in accordance with section 4.3.1 of Method 21 of
Appendix
a, 40 CFR 60) which included the use of a flame ionization detector (Mini-RAE Micro
FID). The
FID
continuously collects air samples and concurrently measures for organic vapor
concentration as it is moved along
a transverse.
Prior to. sampling at the landfill, Shaw personnel established representative background
concentration by moving the
FID
upwind and downwind outside of the landfill a distance of 100 feet
fkom the perimeter wells. Shaw personnel then collected continuous air samples along the entire
perimeter of the landfill and along apattem that traverses the landfill at 30-meter (approximately 100
foot) intervals
as shown as a red line on Figure 1. Samples were taken within approximately 4
inches of the ground. Based on the continuous surface testing, two areas of the landfill detected
organic vapor concentrations greater than 500 ppm. Please refer to Figure
1 for the location of these
areas.
In accordance with 35 Ill. Adm. Code 220.240 (c)(4), Shaw personnel resampled these exceedance
areas on January 19,2007. The resampling of the two
previgus exceedance areas (Figure 2) did not
measure organic vapor concentrations greater than 500 ppm.
In
accordance with the applicable
regulations, Shaw personnel will
resample the exceedance areas within one month of the initial
sampling event.
I
Should you have any questions on this report, please contact me at (630) 762-1400.
1607 E. MAlN STREET
ST CHARLES, IL 60174-2343
MAlN 630.762.1400
FAX 630.762.1402 * THE SHAW GROUP INC.@
Electronic Filing, Received, Clerk's Office, May 30, 2007
Bureau of Air
~llinois Environmental Protection Agency
Sincerely,
Shaw
Environmental, Inc.
Jesse Varsho, P.E.,
P.G.
Geological Engineer
cc:
Ms. ~aureei
Wozniak
-
IEPA Division of Legal Counsel
Mr. Christopher Grant
-
Attorney General
Mayor Richard Kopczick
-
City
of Morris
Chuck Helsten
-
Hinshaw
&
Culberston LLP
February 1,2007
Page 2 of
2
Electronic Filing, Received, Clerk's Office, May 30, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
)
VS.
1
PCB No. 03-191
(Enforcement-Land)
COMMUNITY LANDFILL COMPANY,
INC.,
)
an Illinois corporation, and
the CITY OF MORRIS, an Illinois
)
municipal corporation,
)
1
Respondents.
CERTIFICATE OF SERVICE
I, CHRISTOPHER GRANT, an attorney, do certify that I caused to be served this 30th
day of May, 2007, the foregoing Response to Morris Motion for Reconsideration, and Notice of
Filing, upon the persons listed on said Notice by facsimile transmission, and by placing same in
an envelope bearing sufficient postage with the United States Postal Service located at 100
W.
Randolph, Chicago Illinois.
PHER GRANT
Electronic Filing, Received, Clerk's Office, May 30, 2007