No. PCB 03-235
NOTICE OF FILING
EXH~BIT

RELEASABLE
UNITED—DISPOSAL
S RESOLUTION NO. R-3-O3-~4
F--I c:.i A L
(~2~’)
!J°~ F 1-C I A L
~LoF.E~C1~\L

RECEJ~VED

C.LFRk~’5

O~F1CE

SEP

1 7 2flfl~

BEFORE

—

THE

________—______

ILLINOIS POLLUTION CONTROL

Pø!J~tfo~

B~t~k~JOF

ControlILLINOISBoard

UNITED DISPOSAL OF BRADLEY, INC.,

and MUNICIPAL TRUST & SAVINGS BANK,

as Trustee Under Trust 0799

Petitioners,

No. PCB 03-235

(Permit Appeal

Land)

NOTICE OF FILING

TO:

DorothyM. Gunn, Clerk

Illinois Pollution Control

Board

James R. Thomspon Center

100 West Randolph

Suite 11-500

Chicago, IL 60601

Via Hand Delivery

John J.Kim

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021 North Grand Avenue, East

P.O. Box 19276

SpringfIeld, IL 62794-9276

FAX: (217) 782-9807

Via Facsimile & US. Mail

Carol Sudman, Hearing Officer

Illinois Pollution Control

Board

1021 North Grand Avenue,

East

P.O. Box 19274

Springfield, IL 62794-9274

Via US. Mail

PLEASE TAKE NOTICE that on September 17, 2003, we filedwith the Illinois

Pollution Control Board, Petitioners’ Request to Admit Propounded on

IEPA,

a copy ofwhich

is attached hereto and served upon you.

Dated: September 17, 2003

Respectfully submitted,

JenniferJ. Sackett Pohlenz

Querrey & Harrow, Ltd.

175 W. Jackson Blvd., Suite 1600

Chicago, Illinois 60604

Phone: (312) 540-7000

UNITED DISPOSAL OF BRADLEY, INC., and

MUNICIPAL TRUST & SAVINGS BANK, as Trustee

Under Trust 0799

By~

PROOF OF SERVICE

I, Ronnie Faith*, a non-attorney, certify that I served the following documents on the above

referenced persons, by hand delivery or by depositing a copy in the U.S. mail at 175 W. Jackson,

Chicago, Illinois (with proper postage prepaid and addressed to the address shown above), at or

prior to the hour of 5:00 p.m. on September 17, 2003, as referenced above.

*Under penalties as provided by law pursuant to Ill. Rev. Stat. Cha~d)10-~l-l09

Icertify that the statements set forth herein are true and correct. ~

(

~ ~

~,/

65299-POH

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

Printed on Recycled Paper

65299~POH

BEFORE THE ILLINOIS POLLUTION CONTROL BOAI~’~’~

OFF~CF

______________________

SEP 17~

UNITED

DISPOSAL OF BRADLEY, iNC.,

and MUNICIPAL TRUST &

SAVINGS BANK,

STATE OF ILLINOIS

as Trustee Under Trust 0799

Controj Board

Petitioners,

No. PCB 03-235

vs.

(Permit Appeal

Land)

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

REOUEST

TO ADMIT PROPOUNDED

IEPA

Petitioners United Disposal of Bradley, Inc. and Municipal Trust & Savings Bank, as

Trustee Under Trust 0799, by and through their attorneys at Querrey & Harrow, Ltd., request

that the Respondent Illinois Environmental Protection Agency (IEPA) admit the following

matters pursuant to Supreme Court Rule 216(b) and applicable Illinois Pollution Control Board

Rules, within twenty-eight (28) days after the service of this Request, on or before October 15,

2003.

1. Admit that page 126 of the Administrative Record filed by the IEPA in this matter

was intentionally left blank.

2. Admit that Exhibit A attached hereto is a true and accurate copy of page 101 of the

Administrative Record filed by the IEPA in this matter.

3. Admit that Exhibit A attached hereto was created in the ordinary course of business

by the IEPA, during its review ofthe permit application that is a subject ofthis appeal.

4. Admit that Exhibit B attached hereto is a true and accurate copy ofpage 9 8-99 ofthe

Administrative Record filed by the IEPA in this matter.

5. Admit that the IEPA received a letter from the Village of Bourbonnais in support of

the Petitioners’ permit application on or about April 14, 2003.

Printed on Recycled Paper

Admit that the Village of Bourbonnais letter referenced in Paragraph

above, was

considered in IEPA’s review ofthe subject operating permit application.

7. Admit that the Village ofBourbonnais letter referenced in Paragraph

above, is not

included in IEPA’s Administrative Record filed in this matter.

8. Admit that the IEPA received a letter from the City of Kankakee in support of the

Petitioners’ permit application which is a subject ofthis appeal.

Admit that the City of Kankakee letter referenced in Paragraph 8, above, was

considered in IEPA’s review ofthe subject operating permit application.

10.

Admit that the City of Kankakee letter referenced in Paragraph 8, above, is not

included in IEPA’s Administrative Record filed in this matter.

11.

Admit that Permit No. 1994-306-DE was issued by IEPA on September 21, 1994.

12. Admit that Permit No. 1994-306-OP was issued by JEPA on January 19, 1995.

13.

Admit that a true and accurate copy of Permit No. 1994-306-OP is included in the

Administrative Record filed by IEPA in this matter on pages 67-73.

14.

Admit that a true and accurate copy of the application to modify operating Permit No.

1994-30-OP, is included in the IEPA Administrative record in this matter on pages 129-139,

attached hereto as Exhibit C.

15. Admit that IEPA and, specifically IEPA Bureau of Land, received the permit

application attached as Exhibit C on or before March 31, 2003.

Printed on Recycled Paper

Dated: September 17, 2003

Respectfully submitted,

UNITED DISPOSAL OF BRADLEY, INC., and

MUNICIPAL TRUST & SAVINGS BANK, as

Trustee Under Trust 0799

By:____

e f their a ~~ys

Jennifer J. Sackett Pohlenz

Querrey & Harrow, LTD.

175 W. Jackson Blvd., Suite 1600

Chicago, Illinois 60604

Phone: (312) 540-7000

Printed on Recycled Paper

2~TEPER1~-tI~’LOG 

NO.

2003-101

NAME

UNITED DISPOSAL OF BRADLEY INC

OWNER 

MERLIN

KARLOCK

NOTIFY LOCAL OFFICIALS:

NOTIFY AGRI:

NOTIFY DELEGATED COUNTY:

NOTIFY CMS: Y

NOTIFY DOT

NOTIFY CONSER.:

PRE-OP MEMO SENT:

)~‘2~IENTS:REVISE

CONDITION #9 ON PERMIT 1994-30-OP TO DELETE THE FOLLOWING

SENTENCE “NO WASTE GENERATED OUTSIDE THE MUNICIPAL BOUNDARIES OF THE

VILLAGE OF 

BRADLEY MAY

BE ACCEPTED AT THIS FACILITY.

ThTJD

813 COMPLETENESS REVIEW

5.~/5—~3

APR

0,’?

~p3:

TO GAU REVIEWER

__________

GAU

REVIEW

_________

GAU MEMO TO SW

__________

TO SW REVIEWER 

__________

SW REVIEW

_________

SW MANAGER REVIEW

__________

JOINT DECISION 

__________

COMPLETENESS LTR SENT

__________

GAU & SW

______

DRAFT

__________/

REVIEW

MGR

_________

807/832 COMPLETENESS REVIEW

(5)

(7)

(2)

(7)

(TECH. MTG.)

iVo

~ 3~

~2;

39~

A~JO1T

WHAT FORMS MISSING?

IF NO 

SEND

LETTER BY 30TH DAYI.

NOTICE OF TECK~~IICALSTATUS (NOTS) CALL

ITACTED:

:TENS DISCUSSED:

COUNTY :

KANKAXEE

STATUS 

A

SITE NO. 

0910200013

CITY 

BRADLEY

PERMIT TYPE

SUP

NOTS DUE DATE: 05/15/2003 REVIEWER 

SR

90

GA-REQ’D 

ACILITY TYPE 

STPR   

COMPLETENESS 

05/15/2003 GAU~.:REV 

RP

90

WASTE TYPE 

RECEIVED

03/31/2003 DUE: 06/29/2003     

MAILED 

REVIEW

TIME 

FINAL ACTION

PSRP

:‘

WAIVER

.‘

PRP

NOTIFY

IHPA

N

NOTIFY ENP:

Y~

NOTIFY FOS:

Y

NOTIFY DENR:

SITING APP’D: NA

(5)

(5)

(7)

(2)

PERMIT 

EXPIRATION:

RLc~1 42-3

~~S4S

OWNER’ S SIGNATURE

OPERATOR’S SIGNATURE

ii.

P.E.’S SIGNATURE

~z.

SITING OBTAINED

CORRECT FORMS UTILIZED

1.

COMPLETE

YN

N

Y®

Y~

NA

ACTUAL DATE CQNTACTED:

101

EXH~BIT

RELEASABLE

APR i• 62003

~VIEWER Mr

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY..

1021 Nogm G~o

AV~UE

E~sr.P.O.

Box 19276.

SPRINC~1zio,

fw~ois

52794-9276

J~~sR.

THOMPSON ~

100

Wssr R~’4QOL?i~,5urr~

11-300, CN~c~co,

fL 60601

Roo R. Bt.,’~coIEvtc~,

C0VE~NOR

RENEE Ct?R~A,’~O.

DR~CTOR

217/524~3300

Certified Mail

May 15, 2003            

7099

3400

0014

9526

2232

~ .~

7099 3400 0014 9526 2249

______

Operator

Municipal

Trust

& Savings Bank

United Disposal ofBradley, Inc.

As Trustee under Trust 0799

Michael Watson, President

Contact: Merlin Karlock

1000 E. Liberty

P.O. Box 146

Bradley, Illinois 60915

Bourbonnais, Illinois 60914

~e:

0910200013-- Kankakee County

United Disposal of Bradley. Inc.

Date Application Received: March 31. 200

Log

No. 2003~10l

EXHIBIT

Permit File

Dear Mr. Karlock and Mr. Watson:

This letter responds to the application for permtt to modify the o~eratin~

permit you submitted on

the date shown above.

The subject application for permit is deemed not to have been filed because

it

fails to set forth

information, documents or authorizations as required pursuant to Title 35. Illinois Administrative

Code (hereina~er35 111. Adm. Code). Section 807.205. This action may be considered, a denial

for purposes ofreview pursuant to Section 40 ofthe Illinois Eiwironrneiual Protection Act (Act)

(41.5 ICS 5/40).

Section 807.205(f) of35 Ill. 1dm. Code states that an aPplication for permit shalt no~be deemed

tiled until the Illinois EPA has received all information, documents and authorizations in the

foi-rn and with the contents r~quiredby the ParT. 807 rules.

The following deticiency is noted at this time:

You failed to provide proofof local siting approval as re~uired~~-suant to Section 3~.:)

ofthe Act (415 ILCS 5/39(c)). Section 807.207ia) provides in part that the Illinois EPA

shall not ~rant any nermit unless the aooiicant submits adeauate proof that the solid v:aste

management site will be developec., moained or oPeraie~so as not to cause a violation 01

the Act or Part 807 rules. Your application only addresses the revision of your operating

permit. An application for supplemental ~ermit to revise the operazin~~ermii is not the

.\‘r~

.‘.Lii.1 S.~c.

R.jc~ror~.

W3 —

0~ ~

—fl’

.‘. :-~.i.-:-,~”

J~~3

~o~s

—

5~’5~j~:h

E~:n. ~)I’3 _~3~:~)3-;;3

— 3-~:

; ~. L— ~

—

3.;9

3_3_~

— ,,jj

‘..

,~r

i’,. ~

~~jt

_ ~

— ~

~9., ,—~

‘—

‘.—

_, ~..

—

C— —~a~ U~.~._

——

~—-~

..—.

‘.-.~ ..•.•~ ;•.••.~. ~—,

.~•

. .•_,

—

—.-~-

—--

-.--

Page2

appropriate method to remove the condition in question

(i.e.,

Condition #9 ofthe

operating permit), since there must also be a corresponding change to the development

(DE)permit. The nature ofthe requestmade in the permit application requires that the

applicant provide proofoflocal siting approval as described in Section

39.2

ofthe Act

(415.~LCS

5/39.2)..

:.The resoiu~ionfrom the Village ofBradley included in your

‘.,-- . -

•

a~p1icatkndoes no~conform to the procedures in Section 39.2 ofthe Act ~nd therefore is

not süfficiern -proofof siting approval as required by Section

39(c)

ofthe Act.

Due to the deficiency noted above the Illinois EPA has not performed a technical review ofthe

application. The technical review ma~reveal that the Illinois EPA needs additional information,

or result in denial ofpermit.

Within 35 days after the

date

of mailing of the Illinois EPA’s iinat decision. the applicant may

petition for a hearing before the IllinoIs Pollution Control Board to contest the d~cisionof 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.

Ifyou wish to seek an exteflsion ofthe time period for petitioning for a hearing, send a request

for such an extension to John Kim, Assistant Counsel, Illinois EPA, 1021 North Grand Avenue

East, P.O. Box 19276, Springfield, Illinois 62794-9276.

resubmission ofthe permit application should be a complete a~plica:ionwithout referencing

previous submissions.Ariy questions or requests for assistance rriav be directed to Sallie

Springer at 217/524-3293 or the address above.

• Sincerely,

~L4:’

Joyce L. Munie~P.E.

Mana.~er.Permit Section

Bureau of Land

JL.:S~S:bjh’.032304s.doc

John Bevis. Kankakee County Health Departmer~:

bcc: Bureau File

Des Flames Region

DLC

—

John Kim ~2l

Sallie Springer

UNITED—

DISPOSAL

000 E. LIBERTY

.P 0. BOX 179

BRADLEY,

ILLINOIS 6091 

933-0081

March

27,

2Q03

Illinois Environmental protection Agency

Bureau of Land, Permit Division

1021 North Grand Avenue East

-. -

P.O. Box 19276 

•

‘

•

Springfield, Illinois 62794—9276

Re: Application for Modification ‘to Operation Permit 1994—30—OP

Dear Madam or Sir: 

• -.

I am enclosing a General Application (LPC—PA1) form seeking

to modify a portion of Special Condition *9 of the above referenced

operating permit. The enclosed application requests the deletion

of the following sentence currently included in Special Condition

*9: “Mo waste generated outside the municipal boundaries of the

Village of Bradley may be accepted at this facility.” This is the

oniy modification to the permit being requested in the enclosed

application. The application seeks no modification to the physical

structure or property boundaries of the currently permitted facilit7.

This facility is located in the municipal boundaries of the

Village of Bradley, Illinois. Although United Disposal of Bradley,

Inc. can find no legal requirement that it seeks approval of the

modification requested in the enclosed application from the Village

of Bradley, it has sought and received, by unanimous resolution of

the Village ofBradley, the Village’s support for the requested

operating permit modification. I am enclosing a copy of that

resolution with the permit application.

Please contact me upon your receipt and initial review of the

enclosed application to let me know whether it is complete.

Additionally, if you have any questions, please do not hesitate to

contact me. I look forward to discussing this application with you

in the near future.              

Mic ael Watson

President

United Disposal of Bradley, Inc.

COMMERCIAL *

INDUSTRIAL *

RESIDENTIAL

Sincerely~

r~~ ‘-~ . ..

—I

ILLINOIS ENVIRONMENTALPROT~cTIONAGENCY

5.-.-.

1021 NORTH GRAND

AVENUE

EAST, P.O. Box 19276,.

SPR(NCFIELD,

fwNoLs 62794-9276

RENEE CIPRIANO, DIRECTOR

General Application

for

Permit

(LPC-PA1)

This form must be used for any application for perxn.it,

except for landscape

waste composting or hazardous waste management facilities

regulated in accordance with RCRA, Subtitle

from the Bureau ofLand. One original and two (2) photocopies, or three (3) if applica~1e,of a~1

permit application forms mu.~tbe submitted. Attach the original and appropriate number of copies of any necessary plans, specifications,

etc. to fullysupport and describe the acth’ides or modifications being

proposed. 

Attach sufficient information to demonstrate

cothpliance 

with all

applicable 

regulatory

retrients

Incomplete 

applications will be rejected. Please refer to

the

instructions for f~xrther

guidance.

Note:

Permit applications

which

are

hand..delivered 

to the Bureau of Land, Permit Section must be deli~veredto 1021

North 

Grand

kvenue

between the hours of 8:30 a.m. to 5:00 p.m., Monday through

Friday

(excluding State holidays).

Please type or print legibly.

SiTE 

IDENTIFICATION

Name:

United Disposal of Bradle~r, Inc.  

Physical 

SiteLocation (stteet,

road,

etc.):

1000 B. Liberty

City,Zip Code:

Bradley,

60915

___________

Existing DE/OP Permit Nos. (if applicable):

1994—306

—Q~

11.

OWNER/OPERATOR IDENTIFICATION

OWNER

OPERATOR

Name:

Municipal Trust & Savings Bank

United Disoosal. of Bradley, Inc.

Address:    

as Trustee under trust 0799

_____________________________________

P.O. Box 146

Bourbonnais, IL 60914

ContactNanie: Merlin Karlock

Phone#:  (8115 935—8000

UI.

PERMT 

APPLICATION IDENTIFICATION

1000 B. Liberty~’-

- -.

TYPE

WASTE:

X GeneralMunicipal Refuse

Hazardous

—

Special (Non-hazardous)

—

Chemical Only

(exc.

pun~escible)

X Inert Only (cxc. chemical an~

puttescible)

—

Used Oil

—

Potentially InfectiousMedical Wasze

LandscapeWaste

Other (Specify)

TYPE FACILITY:

Landfill

—

Land

Treataient

X.. Transfer Station

—

Trea~ent

—

Storage

—

Incinerator

Composiing

X~Recycling/Reclamation

—

Other

(Specify)

TYPE SUBMiSSION/REVIEW

PERIOD:       

__________

_NewLandfflill8Odays (35lACPart8l3)

—

Landfill Expansionll80 days (35 IAC Part 813)

Sign. Mod to Opetate/90 days (35 IAC Part 813)

—

Other Sign. ModJ9O days (35 IAC Part 813)

Renewal of Landfill 90 days (35 IAC Part 813)

_Developmentai/90 days

(35

IAC Part 807)

—

Operating’45 days (35.L~.C..Part8O7)~.-..

_Pe~t~9Ode~s~6

~C2an

807~

—

807)

_______________

‘r,~C~ ~

‘~.

DES

CRIPTXON

OF THIS

PERMIT 

REQUEST: (Include a brief narrative description here.)

Revise con~i~J~n

ori~~e~L~ 994—~0-.0P

t.c~

d~1

f-lip

~ril 1

(~~1’T1

sentence”No waste Generated

the Villaçe of Bradley may be

outside the

ecce~ted 

municinel bou~der~es

this facility.”

County:  Kaiikakee

Th~

Ag~n~yi~

zc~rzedtu r~u~~ ~r~~r1

GEORGE H.

RYAN, GOVERNOR

TUt~

being

pr~! ~d

=~.ak1

r~u~

PERMITIEPA

SECTIO~’i

130

IV. CON~1PLETENESSREQUIREMENTS

Thefollowing items mu~tbe checked Yes1

or WA. Each item will be reviewed by the log clerk. Blank items will result in rejection of

the application., Please refqr to the instructions forfurther guidance.

Ha~’eall required public noticeietters’been mailed inaccordarice with the LPC.PA16 instructions?

‘X.

Yes

—

(Ifso, provide a list

those recipient

of the

required public notice letters forIllinois EPA retention.)’

Such retention shall not imply any Illinois EPA review and/or confirmation of the list.)

2. a. Isthe Siting Certification Form (LPC-PA8) completed and enclosed?

—

Yes

N/A

b. Is siting approval currently under litigation?

—

Yes~ No

N/A

3. a. Is aclosure, and if necessarya post cIosur~e,plan covering these activities being submitted, o?

Yes

—

N/A

b.

has one already been approved? (Providepermit

number  

J ~1Cl

—

2’ O(o 0

Yes

.....

—

N/A

4. a. -For wiste disposal sites only:: Hü nyernployee,owner, operator, 

officer or

director of the 

owner

. - - —

Yes ._No ~ N/A

or operator 

had a prior-conduct certification denied, canceled or revoked?

b: Ha’~eyou-included

a

demonstration ofhow

you comply or intenc~to comply with’           

—

Yes

—

No

N/A

35111. Adm. CodePart

745?

5. a. Is land ownership h~Idin beneficial trust?

Yes

—

N/A

b. If yes, is a beneficial trust certification form (LPC-PA9) completed an’d enclosed?

—

Yes

—

No ~ N/A

6. a. Does the application contain information or proposals regarding the hydrogeology; groundwater

Yes

—

No X. N/A

monitoring, modeling or classification; a groundwater impact assessment; or vadose zone

monitoring for which you are requesting approval?

b. If yes, have you submitted a third (3rd) copy of the application (4 total) and sup~ortin~documer.ts?

SIGNATURES (Original signatures required. Signature stamps or applications transmitted electronically or by facsimile ar~j

acceptable.)

All applications shall be signed by the person designated below as a duly authorized representative of the owner and/or operator.

Corporation

By a principal executive 

officer ofat least the level of vice-president.

Partnership or Sole Proprietorship

By a general partner or the proprietor, respectively.

Government

By either aprincipal executive officer or a ranking elected official.

A person is a duly authorized representative of the owner and operator only if:

1. They meet the criteria above, or in the case of 807 permits only, the authorization has been granted

in

writing by a person described

above; and

2. is submitted with this application (a copy of a previously submitted authorization can be used for 807).

hereby affirm that all information contained in 

this Application is true and accurate to the best of roy

knowledge and belief.

I do herein swear that I am a duly authorized representative of owner/operator and I am authorized to sign this permit application

Municipal Trust and Savings Bank as Trustee under Trust, 0799

3—Lb—

Owner Signature:

SEE ~CIJLPATORY

Title: ___________________________

Date: ____________________

OwnerFEIN or S.S. Number:

RIDER ATTACHED AND

MDEAPAR~HER~

Operator Signature~—’~’~

C~~~itle:

4~kt~Z_~

Date:

~3/26/O3

Operator FEIN or S.S. Num

~‘3~-3~3-7b7/

Notary: Subscribe arid sworn before e ~

day of

•~ ~

Notary Signature:

~Z~-M.

(fNotary Seal:

My commission expires on: ____________________

Engineer Signature: ____________________________________

Title:

Engineer Address: ____________________________________

Engineer Phone No. (

‘~

All information submitted as part of the Application is a’vailable to the public except when specifically designated-bythe Applicant to be

treated confidentially as a trade secret or

secret 

process in accordance with Section 7(a) ofthe Environmental Protection Act, applicable

Rules and Regulations of 

the Illinois Pollution Control Board

and applicable Illinois EPA 

rules

and

zuidelines.

rnls/98781s

131

Engineer Seal:

‘OFF~CtALSEAL”

KIM MARIE

WLL

STATE OF LUP4OIS~

EXCULPATORY

RIDER

This instrument

is executed by

Municipal T,rust and

Savings

Bank,

as Trustee under the~provisions

ofa Trust Agreement dated

(~--~

~— ~

and known as Trust

no.

____________

not personally, but

solely asTrusteeaforesaid,

in the exercise

power

and authority conferred

upon

and vested in.

it as such

Trustee.

This instrument is executed

and

delivered by the

Trust

solely in the

exercise of

the

powers expressly conferred upon

the Trustee

under the Trust

and

upon the

written

direction

ofthe beneficiaries

and/or

holders

power

ofdirection

said Trust and

Municipal Trust

and Savings Bank, warrants that

it possesses

full

power

and authority

to execute

this instrument.

expressly understood and

agreed by and betweenthe

parties

heretb,

anything

herein to the,

contrary

notwithstanding, that each

and all

ofthe representations, warranties, covenants,

undertakin~sand

agreements herein made on the

part

of the trustee while in form purporting to be the

said

representations, warranties, covenants, undertakings

and

agreement of

said Trustee are

each

and

every one ofthem not made with the intention ofbinding Municipal Trust

and

Savings

Bank, in

its

individual capacity,

but

are made and

intended solely for the purpose of

binding

only

that

portion of

the

Trust

property specifically described herein. No personal

liability

or personal responsibility is

assumed by or nor shall at

any

time be asserted or enforceable against the Municipal

Trust and

Savings

Bank

on account of 

any

representations, Warranties, (including but not limited to

any

representations and/orwarranties in regards

to potential

and/or existent

Hazardous

Waste) covenants,

undertaldngs

and agreements contained in

the instrument, (including but not limited to

any

indebtedness

accruingplus interest

hereunder) either express or implied or arising in

any

way out of

the transaction in connection with which

this instrument

is executed, all such personal

liability

responsibility, if any, being expressly waived

and released, and any

liability (including

arty and all

liability for

any

violation under the Federal

and/or state Environmental

or Hazardous Waste laws)

hereunder 

being specifically limited to the Trust assets, ifany, securing this instrument. Any.provision

ofthis instrument referring to aright ofany person to

indemnified

or held

harmless,

or reimbursed

by the Trustee for any costs, claims, losses, fines, penalties, damages, costs ofany nature including

attorney’s fees and expenses, arising in any way out of the execution of this instrument

or in

connection thereto are expressly waived and released by all parties to and parties claiming, under this

instrument. Any person claiming or any provision ofthis instrument referring to a right to be held

harmless, indemnified or reimbursed for any and all costs, losses and expenses of any nature in

connection with the execution ofthis instrument, shall be construed as only a right ofredemption out

ofthe assets ofthe Trust. Notwithstanding anything in this instrument contained, in the event ofany

conflict between the body ofthis exoneration and the body ofthis instrument, the provisions ofthis

paragraph shall control. Trustee being

fully exempted, nothing herein contained shall limit the

right

of any part to enforce the personal liability of any other party to this instrument.

.SS

132

State ofIllinois

County ofKankakee

CERTIFICATE

I, Gail Sèhultz; Deputy Village Clerk ofthe Village ofBradley, Illinois, do

hereby certify that the attached is a true and correct copy ofthe original on

file in the office ofthe Village Clerk.

Resolution R-3-03-4 passed and approved by the President and Board of

Trustees on the

24th

day ofMarch 2003.

Gail’Schultz, beputy

age Clerk

Date

(Seal)

133

RESOLUTION NO. R-3-O3-~4

WHEREAS, United Disposal ofBradley, Inc., has applied for a Supplemental Operating

Permit

to the

Illinois Environmental Protection Agency concerning its operation

thetransfer

station located on Liberty Street, in

the

Village ofBradley, Illinois; and

WHEREAS, United Disposal ofBradley, Inc., seeks support ofthe Village ofBradley

and approval ofthe Supplemental Operating Permit; and

WHEREAS, United Disposal ofBradley has obtained its permit to construct the transfer

facility, has obtained apermit to operate the facility from the Village ofBradley, and has been

operating the facility since that time; and

WHEREAS, condition number 9 ofits operating permit states that United Disposal of

Bradley, Inc. may not accept any waste generated outside the municipal boundaries ofthe

Village ofBradley; and

WHEREAS, United Disposal ofBradley, Inc. currently has customers outside ofthe

Village ofBradley and it is necessary to request the amendment ofcondition number ~ in order

to maintain a viable business; and

WHEREAS, the viability ofthe business of United Disposal ofBradley, Inc. is ofinterest

to the municipal government and to the citizens ofthe Village ofBradley due to the fact that

United Disposal ofBradley, Inc. is the waste hauler ofthe ml4nicipal government ofthe Village

ofBradley serving all residential citizens ofthe Village ofBradley.

134

NOW,

THEREFORE,

BE IT

RESOLVED

BY TEE

PRESIDENT AND TEE BOARD

OF TRUSTEES OF

THE VILLAGE OF BRADLEY that its does support the request

ofUnited

Disposal

Bradley, Inc.

amend its operating permit

repeal condition number 9 ofthe

operating perniit,ofUnited Disposal ofSBradley, Inc.

TRUSTEES:

Robert

Martin:

Robert Redmond:

Bruce Adams:

Dennis

Coy~

Caryl Wadley-Foy

George Dagnan

JerryBalthazor:

Aye

Aye-~

Aye-X

Aye-~

Aye-k’

Aye-~

Aye-_

Nay-

—

Nay-

—

Nay-

—

Nay-

—

Nay-

—

Nay-

—

Nay-

—

Absent-

Absent

Absent 

TOTALS:

AYE

NAY

ABSENT

03.

Balthazor, Pr dent oftheBoard of

Trustees ofthe Village ofBradley

t~4~ç~

Michael 3. LaGesse,

Village Clerk

135

ILLINOIS ENVIRONMENTAL PROTEcTION AGENCY

1021

NoRm G~NDAVENUE

EASr,

P.O. Box 19276,

SPRINGFIELD, ILUNOIS

62794.9275

RENEE

CIPRIANO, DIRECTOR

NOTICE OF APPLICATION FOR PERMIT TO MANAGE WASTE (LPC-PA16)

Elected Officials and Concerned Citizens:

Date:

2003

The

purpose of this notice is

inform y~uthat a permit

application has been

submitted

to theIEPA,

Bureau

Land, for asolid

waste project described below. You are

not

obligated to respond to this notice, however, 

if you have any comments,

please submit

th’em in writing to the address belo.w, or call the Permit Section at217/524-3300, within twenty-one (21) days.

Illinois Environmental Protection Agency

Bureau of 

Land,

Permit Section 

(#33)

1021

NortF~Grand

AvenueEast, Post

Office Box

19276

Springfield, Illinois 62794-9276

The permit application, which is identified below, is for a project described at the bottom of this

SITE IDEN’TIFICATION

SiteName:tJflited Disposal

of Br~d1ev, Tnc.

Site#(~PA):

Address: 1.000 E. Lih~rty

flQlfl,flflfll

City.

Bradley

TYPE

PERMIT SUBMISSIONS:

County:

~an~ai~ee

TYPE WASTE:

New Landfill

Landfill Expansion

First Significant

Modification

Significant Modification

Operate

Other Significant

Modification

Renewal ofLandfill

Development

Operating

Supplemental

Transfer

Name Change

Generic

DESCRIPTION

OF PROJECT:

Landfill

Land Treatment

Transfer Station

________

Treatment Facility

Storage

_________

Incinerator

Compostirig

Recycling!Reclamation

Other

Revise condition

*9 on permit

1994—30—OP to delete the following

sentence ‘r’~owaste qenerateri

outside

the ~unici.pal

boundaries

the Village

of Bradley may be accepted at this facility.”

Please retain a copy for your own use.

jth\0027 II

p.doc

~ tin

ninA

GEORGE H. RYAN, GOVERNOR

136

A~’41

,.tI~uri~d

~qu~

cii~sin(un,x~’nuwJ~r

IIlim.~

1979.

O~’~,i

111

Sc~.tiun

1039.

0~k.o~~c

ofdO,

(flflT~,fl ~

os~~

S~tioc. F~ük~r~

U. d~

Pni

nrnb~~d

~d c~,old

TYPE FACILITY:

________

General Municipal Refuse

X

_______

Hazardous

Special (Non-Hazardous)

Chemical Only

________

(exec. putrescible)

Inert Only

________

(exec. chem. & putescible)

_______

Used Oil

_______

Solvents

Lar.dscipelYardWaste

________

Other (Specify

_____________

________

~‘

STA”fEOLLINoIS:~

) 4

COUNTY OF KANKAXEE

)

ss.

CERTIFICATE

S~R

VICE

~~‘-..d’-~

_._U

S;~•~~S

5-.,

—

.DebbieHalVOrSO1i

State Senator. 

241 W. Jce O~rRd. 

Chicago Heights, IL

60411

Phil Novak    

State Representative

135 S. Schuyler

Kankakee, IL 60901

States Attorney  

Kankal-Cee County

450 E. Court St.

Kankakee,

IL

60901

Karl Kruse

County Board Chairman

189E. Court St.

Kankakee,~-IL 60901

Bruce 

C1~rk

Kankakee County Clerk

189

E. Court  

Kankakee, IL 60901

-: ~.

village of 

B~adley

Village Clerk

147 S. Michigan

•         Bradley, 

IL 60915

City of 1~ankakee

City Clerk-.

385 B. 

Oak

Kankakee, IL -60901

Village of Bourbonnais

Village Clerk

700 N.W. Main

Bourboflflais, IL 6~0914

Village of Aroma Park

Village Clerk

2200.S. Lowe Rd.

Aroma Park, IL 60910

Jana

GlenzinSki

S .

•c~r~fyth~T

scrvcd a copy of ~hc attachcd

Notice of

Application 

form Permit

Manage

Waste and this

Ccrtificale ofServicc, via certified t~,ai1,rcturn receipt requested tom. thc mailbox located at___

P .0. Box 179

Bradley

to the persons/entities idcutificd above, at

or prior to the hnur oC5:00 p.rn. on March

2003, with properpostage prepaid.

Dated:

Marth 28

2003

By;

________

Jana Glenzinski

Under penalties.

provided by

REV. STA~CHAP. 110,

SEC. 1-109,1

certifythat

the

staLemcn~set forth herthi arc true and correct

,~&~1

137

Postal

Ser~lice

~ERTIFIEDMAIL.RECEIPT

Domestic Mail Only; No Insurance Coverage Provided)

~d~ern~

—

R~ctodDeive~yFee

~dc~cflt~qUke~

Toti~Po~a.&F.Os

s;...g.~i.:

Fonn 3a00,Januaty 2001

See Re~iersefor Instructions

• U.S. Postal Seniice

•

CERTIFIED MAIL RECEIPT

Mail

Only; No Insurance Coverage

Provided)

Pcs~afService

C~RTIFLEDMAIL RECEIPT

(Domestic Mail Only; No Insurance Coverage Provided)

FFIC~IAL-.USE~

~IOFFIC1AL

USE

Poeiage $

••~

~ee

//5~/

Pceenest

Receipt Fee

P.es~fctodDeiveiy Fee

~ernentRe

_______

To~Pedegs&F.ee

5~ent

•~--S

~?.-‘~L

S•~

IIO~

~erV

5~oe~4p~i~i

3rPaN4.~

Fonn.aaQO. January

2Q01 ~5~5~55

See

Reverse

(or

ln~lsuctions

U.S.

Postal

Service

~S S

S.~

CERTIFIED MAIL. RECEIPT

(Domestic Mail Only; No Insurance Coverage Provided)

~IO-FFI.C-t•AL

USEL

..~5OrF1L5ALUSE

Po~tape$

~-~:

~-~:

Ceiihled

•

Ce~ifll.dFee

(~2~~)

J Reen1ct~D&vey Fo~

•

R~ctedOelve,~.Fee

~fld~5rnectReqUIr~)

~ TQ~P~~S&res. $

4(~~f

U~pS

-R

PastalSenñce—---

CERTIFIED

MAIL RECEIPT       

S S

(Domestic

Mail Only, No

Insurance

Coverage Provided)

~4~UJO

StIe~Apt.

?~o.;

\4c~

lip

rspN 

~k~Ci~

r~PQ8ort4o.~1)

~3o~

Or(

Ca)c

sttt.,

cN I I

-N

;‘

U.S. PostalService

CERTIFIED 

MAIL RECEIPT

(Domestic Mail Only; No Insurance Coverage Provided)

F--I c:.i A L

~SS,SS

Poota~o

________________

Certl1~.dFo~

~ReU~rnReceipt Fee

Ree~cIedDe~ Fee

~End~n~fl R~ukec~

_______

lbtei Poote~e& Fees

U.S

EI~

L~i~f~

_—S~_;S5.

U.S.

Postal

Service

CERTWIED MAIL

RECEIPT

(OQn~estftMail Only; No Insurance Co verage Provided)

ro~F-F:-a~c~1..AL~ Ii S EJ~

Podage 5

•

,—-~i1t~---

•

C.~1dedEse

•~.•S

•s

(~2~’)

~•55•

S ~

j~Lp~jg~

C~Ufl11’S

e.g-

U~SPostalService          

•

CERTIFIED MAIL

RECEiPT

S S

(Domestic Mail Only; No

Insurance

Coverage Provided)

!J°~

1-C I

Cei’tflled Fee

lee~rnReceiptFee

noinRequ~

Rasa1~

Dei$~eIy

Fee

(~dow.s1X Requ~

- tctaj

P~Q4 & Fees

-R

—

5-,

-9

~LoF.E~C1~\L

posta~e~S

CertlfIod Fee

Return Receipt Fee

sernent Requfre~

Ree~t~tedDeI~et~Foe

ernent Re~e~)

U.S. Postal Service

CERTIFIED

MAIL

RECEIPT

(Domestic

Mail

Only No Insurance Coverage Prw.nE~a

1~~

ki~i~L~

IL..

LM4OI

PS Form

3800,

January

2001

See Rcver~e

Instructions

IL~

L~•~o

PS Form 1800,JanuatV 2001

S5S

- -

See Reverset~ his~ructin11

139