BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
VILLAGE OF ROBBINS and, ALLIED
WASTE TRANSPORTATION, INC.
Petitioners,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
Case No. PCB No. 04-48
)
)
)
)
)
CLFF~j’g
O~rr~
DEC 2~2OO3
STATE OF ILLINOIS
Pollution Control Board
NOTICE OF FILING
TO:
All Counsel ofRecord (see attached service list)
PLEASE TAKE NOTICE that on December 22, 2003, the undersigned filed with the Illinois
Pollution Control Board, 100 West Randolph Street, Chicago, Illinois 60601, an original and nine copies
ofthe Petition for Appeal and Review ofPermit Denial, copies ofwhich are attached hereto.
Respectfully Submitted,
Hinshaw and Culbertson
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900
VILLAGE OF ROBBINS and ALLIED WASTE
TRANSPORTATION, INC., Petitioners
This document utilized 100
recycled paper products
vs.
Dated:
By: Hinshaw
7O377852vJ 827167
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OFFICE
OF THE STATE OF ILLINOIS
DEC 2
2003
VILLAGE OF ROBBINS and, ALLIED
)
WASTE TRANSPORTATION, INC.
)
STATE OF ILLINOIS
)
Pollution Control Board
Petitioners,
)
)
vs.
)
Case No. PCBNo. 04-48
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR APPEAL AND REVIEW OF PERMIT DENIAL
NOW COMES the Petitioners, Village of Robbins, Illinois, and Allied Waste
Transportation, Inc., by and through undersigned counsel of record, and hereby respectfully
move this Board to grant their Petition to Appeal and Review of a denial of an application for
modification of a solid waste management facility permit pursuant to 415 ILCS
5/40(l)(l)
and
35 Ill.Adm. Code 105.208(a) and, in support thereof, state as follows:
1.
On August 28, 2003, the Respondent herein (Illinois Environmental Protection Agency)
issued a final decision to the Petitioners, denying Petitioners Application for Permit to modify a
solid waste management site. A copy ofthat denial is marked Exhibit A and attached hereto and
incorporated herein by this reference.
2.
Thereafter, on or about the 2nd day of October, 2003, the parties herein request that this
Honorable Board grant an extension ofthe 35 day period for petitioning for appeal and review of
the Respondent’s permit denial to December 31, 2003, or any other date not more than a total of
125 days from the date ofservice ofthe Respondent’s final decision upon the Petitioners.
3.
Further, a true and accurate copy of such request is marked Exhibit B and attached hereto
and incorporated herein by this reference.
1
70389126v1 820753
4.
On October 16, 2003, this Honorable Board entered an Order granting the Petitioners
herein until December 31, 2003 to file their appeal and petition for review of the August 28,
2003 determination of the Respondent. A true and accurate copy of such Order is marked
Exhibit C and attached hereto and incorporated herein by this reference.
5.
The Petitioners bring this Petition and Appeal for the limited purpose of appealing those
determinations of the Respondent set forth in paragraphs 1. and 2. ofthe August 28, 2003 permit
denial.
6.
The Respondents denial ofthe Petitioners Application for Permit which is the subject of
this Appeal and Petition for Review was improper, and without basis under the regulations of
this Honorable Board, and further without basis under the Illinois Environmental Protection Act
(the Act) for the following reasons:
a.
The Petitioners submitted documentation which demonstrated that the facility had
obviously obtained local siting approval (without conditions) to conduct a range of waste
receipt, handling and processing operations (which included those set forth in Petitioners’
Application for Permit to modify a solid waste management site).
As such, the
Respondent was provided information as is reasonably necessary to determine whether
the waste management activities proposed in the Permit Application would meet the
requirements of the Act and the regulations ofthis Honorable Board.
b.
Moreover, as the Agency had previously permitted a waste transfer component to
be conducted at the facility in question, and as the Agency had also permitted a number
of waste receipt, handling and processing activities which essentially included those
requested by the Petitioners in the Application for Permit which is the subject of this
Appeal and Petition for Review, the Respondent, by its actions in so permitting the
2
70389126v1 820753
facility, had recognized that the requirements of Section 39(c) of the Act had already
been met.
c.
The site security and access control grounds upon which the Respondent denied
the Petitioners’ Application for Permit in numbered paragraph 2 ofthe August 28, 2003
denial letter do not in fact involve the storage and transfer of waste. Accordingly, the
Respondent’s determination that 35 Ill.Adm.Code 807.201 would have been violated by
issuance of a permit was improper and contraryto applicable regulations and the Act.
d.
The Respondent further errored in denying the Petitioners’ Application for Permit
in that none ofthe proper grounds for denial of such permit set forth in Section 39 ofthe
Act existed in the present case, and, moreover, granting of such permit would not have
violated any sections of the Act or provisions of the regulations promulgated under the
Act.
Wherefore, the Petitioners request this Honorable Board to:
a.
Grant its Petition forAppeal and Petition for Review;
b.
Reverse the determination ofthe Respondent denying the Petitioners’ Application
for Permit;
c.
For such other and further relief as this Honorable Board deems just and
appropriate in the circumstances.
Dated:
2
!~/~‘~
HINSHAW AND CULBERTSON
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900
3
Respectfully Submitted,
VILLAGE OF ROBBINS and ALLIED WASTE
TRANSPORTATION, INC., Petitioners
By:
of Attorneys
70389126v1 820753
AFFIDAVIT OF SERVICE
The undersigned, pursuant to the provisions of Section 1-109 of the Illinois Code of Civil
procedure, hereby under penalty of perjury under the laws of the United States of America,
certifies that on December 22, 2003
,
a copy ofthe foregoing was served upon:
Via UPS Overnight Mail
DorothyM. Gunn,
Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
John
J.
Kim
Renee Cipriano
Special Assistant Attorney General
Division ofLegal Counsel
1021 N. Grand Avenue, East
Springfield, IL 62794-9276
By depositing a copy thereof, enclosed in an envelope in the United States Mail at Chicago,
Illinois, proper postage prepaid, before the hour of 5:00 P.M., addressed as above.
HINSHAW100
Park Avenue&
CULBERTSON
U
P.O. Box 1369
Rockford,IL 61101
(8 15) 490-4900
This document utilized 100 recycled paper
70389411v1 820753
J.,
~j
~
VOO~~$,)VQO
flL~..SLtJIIflUII..,nJ
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ILLINOiS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTh
GRAND AVENIJ~
E~.si,P.O. Box 19276, SPRINGFIELD, ILLINoIS 62794-9276, 217-
)AM(5 R. THOMPSON CENTER, 100 WEST RANDOLPH, SuITE 11 -300, CHICAGO, IL 60601. 312-814-6026
ROD R. BLACOIVICH, GOVERNOR
RENEE CIPRIP~NO,DIRECTOR
217/524-3300
Certified Mail
August 28,2003
7002 3150 0000
1219.7929
7002 3150 0000 1219 7912
Village of Robbins
Allied Waste Transportation,
Inc.
Attn:
Iene Brody
Attn: Steve Smith
3327 West
137th
Street
.
13701 South Kostner
Robbins, Illinois 60472
Crestwood, Illinois 60445
Re:
0312700001
—
Cook County
l~obbinsResource Recovery
Log No. 2003-161
Permit File
Dear Ms. Brody:
This will acknowledge receipt of
your
Application for Permit to modifSi a solid waste
management Site, dated May 6, 2003, which
was
received by the Illinois Environmental
Protection Agency (“Illinois EPA”) on May 7, 2003. The following Addendurns to the
application were also received and reviewed as part of the application:
Document
Dated
Date Received
Copies of
the
Siting Resohitions
May 12, 2003
May 12, 2003
Request for Extension/Waiver
June 27, 2003
June 27, 2003
Response to Notice ofDeficiency
July 10, 2003
July 11, 2003
Your application to develop
and
operate a recycling
and
waste transfer station on a portion of the
former Robbins Resource Recovery facility is denied.
You have failed to provide proofthat granting this permit would not result in violations ofthe
Illinois Environmental Protection Act (Act). Section 39(a) of
the
Act
(415
ILCS
5/1
et seq.)
requires the Illinois EPA to provide the applicant with specific reasons for the denial of permit.
In accordance with 35 Ill. Adm. Code 807.207, the Illinois EPA cannot issue the permit for the
followirig reasons:
1.
rhe
applicant failed to submit sufficient documentation that the facility has obtained local
siting approval to conduct a waste transfer facility
and receive special waste. This
information was required in accordance with 35 Illinois Administrative Code (IAC)
807.205(b). This section requires the applicant
to
submit such additional information as’
is reasonably necessary to determine whether the waste management activities will meet
—
4302 North Main Street Rocldord, IL 61103 —(8151 987.7760
•
DES PIAINI8
—
9511 W. Harrison St, Des PIa(nes, IL 60016— (847) 2944000
ELCI,
—
595 South Slase, EI~in,IL 60123 —(847) 608.3131
-
P(ORIA —54(5 N. University St. Peoria, IL 61614— (309) 693-5463
8uRE~u
cu LANU -
PEO~CI~
—
7620 N. Unsv~rsitySt., Peoria, IL 6)614— (309) 693-5462
—
CH~.wAICN—2125
South
First Street, Charnpai8n, It 61620— (217) 278.5800
SPRINCrIELO
—
4500 S.
S.xth
Streel Rd.,
SPrrn8LjId IL
~.27flt~.
—
j~171
7.F.Rc17
• ~
-
JtlñQ
~.A~LI~
II. 62234— (6181 346-5120
~EXHJBrr
‘9 I rAA
uvou~’,.,vuu
Page 2
the requirements of the Act and regulations. Section 3 9(c) ofthe Act prohibits the
Illinois EPA from granting a development permit to a new pollution control facility
unless the applicant submits proofthat the location has been approved in accordance with
Section 39.2 ofthe Act.
2.
The applicantproposed to conduct waste management activities outside the proposed
new solid waste management site. Site security, access control and waste
rcceiptIprocessing are activities invojving the storage and transfer of waste. 35111. Adm.
Code 807.201 states no person shall cause or allow the development ofany new solid
waste management site without a development permit issued by the Illinois EPA.
3.
In accordance with 35 Ill. Adrn. Code 802.205(a), the applicant failed to:
a.
demonstrate the capacity of the containment system is sufficient to collect
releases and accumulated liquids in order to prevent the migration of waste or
accumulated liquids to the soil, groundwater or surface water at any time during
itsuse to insure a violation of21(a) of the Act does not occur;
h.
provide procedures for detecting and managing unacceptable wastes which may
arrive mixed in waste shipments to insure compliance with Sections22.22, 22.23,
22.28, 56.1, 55(a),’21(e) and 21(f) ofthe Act;
c.
‘
provide a copy ofAllied’s Special Waste reference guide. This guide details the
type, time and frequency oftesting to be performed on wastes used in the
solidification process to insure, the facility operator can .properJy treat the waste
and to ensure the resulting treated waste will meet the condition for disposal at an
off-site facility in accordance with Section 2 1(d) the Act;
d.
indicate that records ofthe amount of waste received and transferred arc
maintained in their operating record in accordance with 21(d) of the Act;
e.
provide detailed information on the design of a water vapor/misting system for
odor control necessary to evaluate and permit the development and operation of
the system in accordance with Section 21(d) of the Act; and
£
identify the parametex-s tested in Section V oftheir generator waste profile sheet
to insure compliance with Section 2 1(d) of the Act.
Because ofthe deficiencies described above issuance of this permit would result in violations of
35111. AcIm. Code, Sections 807.201, 807.202, 807.205, 807.207, and Sections 21(d)(2), 2 1(e)’,
39(a) and 39(c) of the Act.
Within 35 days after notification of the final permit decision the applicant may petition for a
hearing before the Illinois Pollution Control Board to contest th~decision ofthe 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.
flLLSLWTTflOILI1~JI1
, IIUL.flIflflL
*iIIWLII\
ItLLUIUI~
q~j
v.r,f
v.,~
Page 3
Should you wish to reapply orhave any questions regarding this application, please contact Mark
A. Schollenberger, P.E., at 217/524-3307.
Sincerel
Joyce L. Mu e, P.E.
Manager, Permit Section
Bureau ofLand
JLM:1~?S:bjh\031381s.doc
cc:
Kenneth J. Karl, £MCON/OWT, Inc.
T
EXHIBIT
BEFORE
TUE
POLLUTION CONTROL BOARD
OF
THE
STATE OF ILLINOIS
VILLAGE OF ROBBINS and,
ALLIED WASTE
TRANSPORTATION, INC.,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Dorothy M.
Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph
Street
Suite 11-500
Chicago, IL 60601
V.
Petitioner,
Respondent.
)
)
)
)
)
PCB No. 04-
)
(Permit Appeal
—
Ninety DayExtension)
)
)
NOTICE
Charles F. Helsten
Hinshaw & Culbertson
100 Park Avenue
P.O. Box 1389
Rockford, IL
61105-1389
PLEASE
TAKE NOTICE that I have today filed with the office of the Clerk of the Pollution
Control
Board
a REQUEST FOR NINETY
DAY EXTENSION OF
APPEAL PERIOD, copies ofwhich
are herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
Assistant Counsel
Special Assistant Attorney General
Division ofLegal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: October 2, 2003
JcT U
BEFORE
THE
POLLUTION CONTROL BOAR)
OF THE STATE OF ILLINOIS
VILLAGE
OF ROBBINS
and,
)
ALLIED WASTE
)
TRANSPORTATION, INC.,
)
Petitioner,
)
v.
)
PCB No. 04-
ILLINOIS ENVIRONMENTAL
)
(Permit Appeal
—
Ninety Day Extension)
PROTECTION AGENCY,
)
Respondent.
)
REQUEST FOR NINETY DAY EXTENSION
OF APPEAL PERIOD
NOW COMES the Respondent, the Illinois Environmental Protection Agency (“Illinois
EPA”), by one of its attorneys, John J. Kim, Assistant Counsel and Special Assistant Attorney
General, and, pursuant to Section 40(a)(l) of the Illinois Environmental Protection Act
(415
ILCS
5/40(a)(1))
and
35 Iii. Adm. Code 105.208, hereby requests that the Illinois Pollution
Control Board (“Board”) grant an extension of the thirty-five
(35)
day period forpetitioning for a
hearing to December 31, 2003, or any other date not more than a total of one hundred twenty-
five (125) days from the date of service ofthe Illinois EPA’s final decision. In support thereof,
the Illinois EPA respectfully states as follows:
1.
On August 28, 2003, the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2.
On September 19, 2002, the Petitioner made a written requestto the Illinois EPA
for an extension of time by which to file a petition for review, asking the Illinois EPA join in
requesting that the Board extend the thirty-five day period for filing a petition to ninety days.
The Petitioner did not represent when the final decision was received. (Exhibit B)
1
3.
The additional time requested by the parties may eliminate the need for a hearing
in this matter or, in the alternative, allow the parties to identify issues and limit the scope ofany
hearing that may be necessary to resolve this matter.
WHEREFORE, for the reasons stated above, the parties request that the Board, in the
interest of
administrative
and judicial economy, grant this request for a ninety-day extension of
the
thirty-five day
period for petitioning for a hearing.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: October 2, 2003
This filing submitted on recycled paper.
2
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on October 2, 2003, I served true
and correct copies of a REQUEST FOR
NINETY DAY EXTENSION OF APPEAL PERIOD,
by placing true and correct copies in properly sealed and addressed envelopes and by depositing
said sealed envelopes in a U.S. mail drop box located within Springfield, Illinois, with sufficient
First Class Mail postage affixed thereto, upon the following named persolis:
DorothyM. Gunn, Clerk
Charles F. Helsten
Illinois Pollution Control Board
Hinshaw & Culbertson
James R. Thompson Center
100 ParkAvenue
100 West Randolph Street
S
P.O. Box 1389
Suite 11-500
Rockford,IL 61105-1389
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
~nde
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
HINSHAW & CULBERTSON
ATTORNEYS
AT LAW
BELLEVILLE, ILLINOIS
CHAMPAIGN,
ILLINOIS
CHICAGO, ILLINOIS
CRYSTAL
LAKE,
ILLINOIS
JOLIET,
ILLINOIS
LISLE.
ILLINOIS
PEORIA,
ILLINOIS
R.OCKFORD,
ILLINOIS
SPRINGFIELD,
ILLINOIS
WAUKEGAN, ILLINOIS
PHOENIX, ARIZONA
WRITER’S DIRECT DIAL
815-490-4906
100 Park Avenue
P.O. .Box 1389
Rockford, IL
61105-1389
815-490-4900
Facsimile 815-490-4901
www.hinshawculbertson.com
chelsten@hinshawlaw.com
LOS ANGELES,
CALIFORNIA
SAN
FRANCISCO, CALIFORNIA
FT. LAUDERDALE,
FLORIDA
JACKSONVILLE,
FLORIDA
MIAMI, FLORIDA
TAMPA, FLORIDA
SCIERERVILLE,
INDIANA
MINNEAPOLIS, MINNESOTA
ST.LOUIS, MISSOURI
NEW
YORI~
NEW
YORK
APPLETON,
WISCONSIN
MILWAUKEE, WISCONSIN
FILE NO. 820753
September 19, 2003
CERTIFIED MAILRETURN
RECEIPT
John
Kim
Division ofLegal Counsel
Illinois Environmental Protection Agency
1021 North Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
Re:
Robbins Resource Recovery (Log No. 2003-161)
Permit File: 0312700001-Cook County
Dear John:
RECEiVED
Divt~jøti
~iLe~
c.i,~j
SEP 23
2003
Environmentai Protect~on
Agency
As you know, on August 28, 2003, the illinois Environmental Protection Agency (“Illinois
EPA”) denied the Application for Permit to modify the above-mentioned solid waste
management site. A copy ofthat letter is attached hereto. The Applicants herein have directed
me to request an extension of the deadline for Petition for Further Review of Illinois EPA’s
decision to the Illinois Pollution Control Board for a period oftime not to exceed 90 days.
Please advise if the Agency will execute such a request for extension ofthe time period in which
to appeal this matter to the Board.
Very truly yours,
cc: William Mansker
Steve Smith
:
.
70377579v1 820753
HINSHAW &
CFH:jml
A
PARTNERSHIP TNCT,TJDINCT
PROFESSIONAl. CORPORATIONS
ILLINOiS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTh
GRAND
AvtNu~
EAST,
P.O. Box 19276,. SPRINGFIELD, ILLINOIS 62794-9276, 217-
-
JAM~5R. THOMPSON CENTER, 100 W88T RANDOLPH, SUITE 11-300, CHICAGO. IL 60601, 312-814-6026
Roo R.
BLACOIFVICH, GOVERNOR
RENEE
CIPRIft~N0,DIRECTOR
I
EXHIBIT
—j
21 7/524-3300
Certified Mail
August 28, 2003
5
7002 3150 ~
1219.7929
S
S
S
7002 3150 0000 1219 7912
Village ofRobbiris
Allied Waste Transportation, Inc.
Attn: Iene Brody
Attn:
Steve Smith
3327 West 1•37th Street
5
13701 South Kostner
Robbins, Illinois 60472
Crestwood, Illinois 60445
Re:
0312700001
—
Cook County
Robbins Resource Recovery.
LogNo.2003-161
Permit File
Dear Ms. Brody:
This will acknowledge receipt ofyour Application
for
Permit to modify a solid waste
management site, dated May 6, 2003, which was received by the Illinois Environmental
Protection Agency (“Illinois EPA”) on May 7, 2003. The following Addendums to the
application were also received and reviewed as part
ofthe application:
I
Document
S
Dated
Date Received
Copies of the Siting Resol,utions
May 12, 2003
May 12, 2003
Request for Extension/Waiver
June 27, 2003
June 27, 2003
Response to Notice ofDeficiency
July 10, 2003
July 11, 2003
Your application to develop and operate a recycling and waste transfer station on a portion of.the
former Robbins Resource Recovery facility is denied.
You have failed to provide proofthat granting this permit would not result in violations ofthe
Illinois Environmental Protection Act (Act). Section 39(a) ofthe Act (415 ILCS 5/1 et seq.)
requires the Illinois EPA to provide the applicant with specific reasons for the denial ofpermit.
In acco:da.nce with 35 Iii. Adm. Code 807.207, the Illinois EPA cannot
issue the
permit for the
following reasons:
I.
The applicant failed to submit sufficient documentatiOn that the facility has obtained local
siting approval to conduct a waste transfer facility arid receive special waste. This
information was required in accordance with 35 Illinois Administrative Code (IAC)
807.205(b). This section requires the applicant to submit such additional information as~
is reasonably necessary to determine whether the waste management activities will, meet
—4302
North
Main Street, Rocklord, IL 61103— (81 SI 987.7760
•
Dts PIAINLI
—
9511 W. Harrison St., Des PIalne~,IL 60016
—
(847) 294-4000
—
595 So’Ih Slate, 119n, IL 60123— (847) 608.3131
-
PORIA
—5415
N.
UniVersilySI., Peoria, IL 61614
—
(309) 693.5463
6uR~u
C~1f
LAN,) -
PtOiii~
—.
7620 N. Un;v.rrsi;y Si., Peoria, IL 61614 —(309) 693.5462
—
CHA,.lpAiGr.~
—2125 5outh First
Street,
Champaign, II. 61820— (217) 278.5600
SPRINCFIELD
—
45(10 S. Sixth
Streel
Rd.,
Sprun1~IthiI_I~27fl~.
—
Ifl 71 7Af’.f.Rg,
.
-
,r,r,o SA.II_~‘-~~~~sviIIe,IL 62234— (618) 346-5120
Page 2
the requirements ofthe ‘Act and regulations. Section 3 9(c) ofthe Act prohibits the
Illinois EPA from granting a development permit to a new pollution control facility
unless the applicant submits proof that the location has been approved in accordance with
Section 39.2 ofthe Act.
S
2.
The applicant proposed to conduct
waste management activities
outside the proposed
new solidwaste management site. Site security, access control and waste
receiptlprocessing are activities involving the storage and transfer of waste. 35111. Adm.
Code 807.201 states no person shall ‘cause or allow the development of any new solid
waste management site without a development permit issued by the Illinois EPA.
3.
In accordance with 35 Ill. Adrn. Code 802.205(a), the applicant failed to:
a.
demonstrate the capacity ofthe containment system is sufficient to collect
releases and accumulated liquids in order to prevent the migration of waste or
accumulated liquids to
the soil, groundwater or surface water at any
time during
its use to
insure
a violation of21 (a) of the Act does not
occur;
provide procedures for detecting and managing unacceptable wastes which may
arrive mixed in waste shipments to insure compliance
with
Sections22.22, 22.23,
22.28, 56.1, 55(a),21(e) and 21(f) of the Act;
c.
‘
provide a copy of Allied’s Special Waste reference guide. This guide details the
type, time and frequency of testing to be performed on wastes used in the
solidification process to
insure,
the facility operatorcan properiy treat the waste
and to ensure the resulting treated waste will meet the condition for disposal at an
off-site facility in accordance with Section 2 1(d) the Act;
d.
indicate that records of the amount of waste received and transferred arc
S
maintained in
their operating record in accordance with 21(4) ofthe Act;
e.
provide detailed information on the design of a water vapor/misting system for
odor control necessary to evaluate and permit the development and operation of
the system in accordance with Section 2 1(d) of the Act; and
identify the parameters tested in Section V oftheir generator waste profile sheet
to insure compliance with Section 21(d) ofthe Act.
Because of the deficiencies described above issuance ofthis permit would result in violations of
35
Ill. Adrn. Code, Sections 807.201, 807.202, 807.205, 807.207, and Sections 21(d)(2), 21(e),
39(a) and 39(c) of the Act.
S
,
Within 35 days after notification of the final permit decision the applicant may petition for a
hearing before the Illinois Pollution Control Board to contest th~decision ofthe Illinois EPA,
however, the 35-day period for petitioning for a hearing may be extended for a period oftime 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.
Page 3
Should you wish to reapply or have any questions regarding this application, please contact Mark
A. Schollenberger, P.E., at 217/524-3307.
Sincerel~
Joyce L. Mu e, P.E.
Manager, Permit Section
Bureau ofLand
JLM:l~&bjh\031381s.doc
cc:
Kenneth J. Karl, EMCON/OWT, Inc.
71
ILLINOIS POLLUTION CONTROL BOARD
October 16, 2003
VILLAGE OF ROBBINS and ALLIED
)
WASTE TRANSPORTATION, INC.,
)
)
Petitioners,
)
)
v.
)
PCB04-48
)
(Permit
Appeal
-
Land)
ILLINOIS ENVIRONMENTAL
)
(90-Day Extension)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD
(by T.E. Johnson):
On October 6, 2003, the parties timely filed ajoint notice to extend the 35-day period
within which the Village ofRobbins and Allied Waste Transportation, Inc. (petitioners) may
appeal an August 28, 2003 determination ofthe Illinois Environmental Protection Agency
(Agency).
See 415
ILCS
5/40(a)(1)
(2002); 35 Ill. Adm. Code 105.206(c),
105.208(a),
(c).
Because the postmark date ofthe joint request is within the time for filing, the joint request was
timely filed. 35 Ill. Adm. Code l01.300(b)(2), 105.404. At issue is the Agency’s denial ofa
modification ofa solid waste management facilitypermit regarding the petitioners’ recycling and
waste transfer facility at 3327 West 13 7th Street, Robbins, Cook County. The Board extends the
appeal period until December 31, 2003, as the parties request.
See 415
ILCS
5/40(a)(1)
(2002);
35 Ill. Adm. Code 105.208(a). If the petitioners fail to file an appeal on or before that date, the
Board will dismiss this
case
and close the docket.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk ofthe Illinois Pollution Control Board, certify that the Board
adopted the above order on October 16, 2003, by a vote of7-0.
~
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
