ED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AUG 25
2004
KIBLER DEVELOPMENT CORPORATION and
)
MARION RIDGE LANDFILL, INC.,
)
STATE OF ILLINOIS
)
P~fl~t~o~Control Board
Petitioners,
)
~K
v.
)
U
CaseNo.
O-
)
Permit Appeal
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR REVIEW OF PERMIT
CONDITIONS
NOW COME Petitioners, KIBLER DEVELOPMENT CORPORATION and MARION
RIDGE LANDFILL, INC., through theirundersigned attorney, and file this Petition for Review of
Permit Conditions pursuant to Section 40(a)(1) ofthe Illinois Environmental Protection Act, 415
ILCS
5140(a)(1),
and pursuant to
35
III. Adm. Code, Part 105, Subpart B, and seek the striking of
conditions to a development permit imposed by the Respondent, ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY (hereinafter “IEPA”), in a permit dated July 23, 2004. In support of
this petition, Petitioners state as follows:
1. Petitioner Kibler Development Corporation owns real property located in Williamson
County, which has received local siting approval fora new landfill.
2. By application dated June 2, 2000, Petitioner Kibler Development Corporation as owner,
and PetitionerMarion Ridge Landfill, Inc., as operator, requested that the JEPA grant a
development permit for a new municipal solid waste and non-hazaFdous special waste landfill in
accordance with the application and plans prepared by Rapps Engineering and Applied Science.
3. By letter dated July 23, 2004, the IEPA granted the request of Petitioners fora
development permit, Log No. 2000-199-LF. A true and accurate copy ofthat permit approval letter
is attached hereto, and incorporated herein, as Exhibit “A.”
4. However, the IEPA included in the permit approval letter language regarding the
construction of a municipal solid waste landfill in the vicinity ofa public airport. This language is
included as the last paragraph on page 3 of the July 23, 2004 permit approval letter from JEPA,
attached hereto as Exhibit A.
5.
Petitioners hereby appeal from the decision ofthe IEPA the inclusion ofthis language
regarding construction of a municipal solid waste landfill in the vicinity ofa public airport. The
disputed language should be removed for one or more of the following reasons:
a. The IEPA’s inclusion of the disputed language is arbitrary and unreasonable, and
lacks any basis in law or fact;
b. The IEPA has no authority orjurisdiction over the matters included in the disputed
paragraph;
c. The disputed language does not constitute a condition to the permit, or otherwise
create any legal and enforceable rights or obligations, and is therefore a nullity;
d. To the extent the disputed language does constitute a condition to the permit, it is not
necessary forany reason to assure compliance with the Environmental Protection
Act or any valid regulations of this Board’s;
e. The permit condition is overbroad, and requires compliance with its terms for
aspects ofthe permitted facility that are not included within the scope and reach of
the,cited federal law and regulations;
f. The cited federal law and regulations do not apply to some part or parts of, or the
entirety of, Petitioners’ facility;
g. Petitioners reserve the right to raise such other and further bases for permit review
and reversal as such bases become known and apparent.
6. In addition, the IEPA included in the approval letter a citation to 35 Iii. Adm. Code
811.302(d), along with the assertion that “no liner shall be constructed within 500 feet ofany
inhabited structure” without authorization, and required Petitioners to “conduct a survey of the
waste boundaries and adjacent properties before starting construction ofthe liner.” See paragraph
V(9), on page 19. The IEPA also included as a condition that within ninety (90) days ofthe permit
2
Petitioners are to submit to IEPA a map showing facility boundaries, on-site buildings, and
monitoring points. (See paragraph XI (1), on page 46).
7. Petitioners hereby appeal from the decision of the IEPA the inclusion ofthis language
regarding a set-back requirement for the landfill from inhabited structures. The disputed language
should be removed for one or more ofthe following reasons:
a. The IEPA’s inclusion ofthe disputed language is arbitrary and unreasonable, and
lacks any basis in law orfact;
b. IEPA’s conditionjs not consistent with this Board’s regulations.
c. Petitioners reserve the right to raise such other and further bases forpermit review
and reversal as such bases become known and apparent.
8 Petitioners reserve the right to amend this Petition to add other challenges to IEPA’s
imposed permit conditions, at any time prior to final ruling in this ‘matter.
WHEREFORE, Petitioners request that this Board set this appeal for a hearing regarding
the IEPA’s imposed conditions and, after the hearing,‘enteran order reversing the decision ofthe
IEPA and striking the challenged language; Petitioners further request that this Board grant such
other and further relief as this Board deemsjust and appropriate.
Respectfully submitted,
Kibler Development Corporation and
~MarionRidge Landfill, Inc.,
•
Petitioners,
By their attorney,
HEDINGER LAW 0 FICE
•
By.
Ste
n
.
Hedinge
Hedinger Law Office
2601 South Fifth St.
Springfield, IL 62703
(217) 523-2753 phone
(217) 523-4366 fax
3
•
• •
•
• AUG2521j1y,
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR
KIBLER DEVELOPMENT CORPORATION and
)
MARION RIDGE LANDFILL, INC.,
)
•)
Petitioners,
)
v.
•
)
)
P~
~ Case No.
________
)
Permit Appeal
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
)
Respondent.
•
)
NOTICE OF FILING
AND
PROOF OF
SERVICE
•
The undersigned certifies that an original and nine copies of Petitioners’ Petition for Review
of Permit Conditions was served upon the Clerk of the Illinois Pollution Control Board, and one
copy was served upon the following party of record in this cause by enclosing same in envelopes
addressed to;
Dorothy Gunn, Clerk
Division ofLegal Counsel
Illinois Pollution Control Board
Illinois Environmental Protection Agency
James R. Thompson Center
1021 N. Grand Ave. East
100 W. Randolph St., Suite 11-500
P.O. Box 19276
Chicago, IL 60601
Springfield, IL 62794-9276
with postage fully prepaid, and by depositing said envelopes in a U.S. Post Office Mail Box in
Springfield, Illinois on th~ ~day of August, 2004, before 5:30 p.m
~
•
HEDINGER LAW OFFICE
2601 South Fifth Street
Springfield, IL 62703
(217) 523-2753 phone
(217) 523-4366 fax
This Pleading is being submitted on recycled paper
