BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS"

)

)

Complainant,

)

)

v.

)

PCB No. 03-191

)

COMMUNITY LANDFILL COMPANY, INC.,

)

an Illinois Corporation, and CITY OF MORRIS, )

an Illinois Municipal Corporation"

)

)

Respondents.

)

NOTICE OF FILING

TO:

All counsel of Record (see attached Service List)

Please take notice that on August 31, 2009, the undersigned electronically filed the

RECONSIDERATION, AND ATTACHED REPLY BRIEF

with the Illinois Pollution Control Board, 100 West Randolph Street, Chicago, Illinois 60601.

Dated:

August 31, 2009

Charles

F. Helsten

Hinshaw

&

Culbertson LLP

100 Park Avenue

P.O. Box 1389

Rockford,

IL 61105-1389

815-490-4900

Respectfully submitted,

On behalf

of the CITY OF MORRIS

/s/ Charles F. Helsten

One

of Its Attorneys

70612353vl 806289 52944

Electronic Filing - Received, Clerk's Office, August 31, 2009

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

)

)

Complainant,

)

)

v.

)

)

COMMUNITY LANDFILL COMPANY, INC., )

an Illinois Corporation, and the CITY OF

)

MORRIS, an Illinois Municipal Corporation,

)

)

Respondents.

)

PCB No. 03-191

CITY OF MORRIS'S MOTION FOR LEAVE TO FILE A REPLY TO THE STATE'S

RESPONSE OPPOSING THE CITY'S MOTION FOR RECONSIDERATION

NOW COMES the Respondent, CITY OF MORRIS, by and through its attorneys,

HINSHAW

&

CULBERTSON, LLP, and pursuant to 35 Ill.Adm.Code 101.500(e), seeks leave

to reply to the State's response brief opposing the City's Motion for Reconsideration, stating

as

follows:

1.

On July 22,2009, the City filed a Motion for Reconsideration of the Board's June

18, 2009 Order, in which the Board imposed approximately $17.8 million in civil penalties and

financial obligations against the City, which would ultimately be borne by the City's taxpayers.

2.

The State filed a Response brief opposing the Motion for Reconsideration on

August

5, 2009, in which the State hurls accusations of illegal conduct by the City, requests

sanctions against the City, and tenders an affidavit executed by State employee Mark Retzlaff,

which includes hearsay accusations allegedly uttered by one James Pelnarsh, an agent

of

Community Landfill Company, an entity whose interests are adverse to those of the City.

3.

The City will suffer material prejudice if it is prevented from defending itself

against the State's accusations, and refuting the misrepresentations in the State's brief.

706 1 0243v 1 806289 52944

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4.

On August 13, 2009, the City filed a motion seeking an extension of time

in

which to file a Reply brief, which was accompanied by affidavits explaining the City's good-

faith, bona fide reasons for requesting additional time.

5.

The Hearing Officer entered an order on August 25, 2009 which granted the

City's request for an extension

of time, and authorized the City to file its Section 101.500(e)

request for leave to reply

on or before August 31, 2009. A copy of the Hearing Officer's Order is

attached hereto as Exhibit A.

6.

For the reasons set forth above, City requests that the Board accept the attached

Reply

brief for filing, which has been tendered within the timeframe authorized by the Hearing

Officer's Order.

Dated:

August 31, 2009

Charles

F. Helsten

Hinshaw

&

Culbertson LLP

100 Park Avenue

P.O. Box 1389

Rockford, IL 61105-1389

815-490-4900

2

Respectfully submitted,

On behalf

of the CITY OF MORRIS

/s/ Charles F. Helsten

One

onts Attorneys

70610243vl 806289 52944

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2

llLINOIS POLLUTION CONTROL BOARD

August 25, 2009

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

v.

COMMUNITY LANDFILL COMPANY,

INC., and CITY OF MORRIS, an illinois

municipal corporation,

Respondents.

)

)

)

)

)

)

)

)

)

)

)

PCB 03-191

(Enforcement - Land)

HEARING OFFICER ORDER

On August 5,2009, the complainant filed a motion for an extension of time to

respond to respondent Community Landfill Company's (CLC) motion for

reconsideration. CLC has not filed a response.

To that end, the complainant's motion is

granted. Complainant's response is now due to be filed on

or before August 26,2009.

On August 13,2009, the respondent City of Morris (City) filed a motion for an

extension

of time to reply to the complainant's response to the City's motion for

reconsideration. On August

25,2009, the complainant's represented to the hearing

officer that it will not object.

The City is reminded that a moving party does not have the right to reply except

as pennitted

by the Board or the hearing officer.

See

Section 101.500 (e) of the Board's

procedural rules.

In

any event, the City's motion is granted and its reply is now due to be

filed on

or before August 31, 2009.

IT IS SO ORDERED.

\

Bradley P. Halloran

Hearing Officer

illinois Pollution Control Board

James R. Thompson Center, Suite 11-500

100 W. Randolph Street

Chicago, Illinois 60601

312.814.8917

EXHIBIT

B

Electronic Filing - Received, Clerk's Office, August 31, 2009

---

ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

ex

reI.

LISA MADIGAN, Attorney General of

the State of Illinois,

Complainant,

v.

)

)

)

)

)

)

)

)

)

)

)

)

)

PCB 03-191

(Enforcement - Land)

COMMUNITY LANDFILL CO.,

an Illinois

Corporation,

and the CITY OF MORRIS, an

Illinois Municipal Corporation"

Respondents.

INTRODUCTION

The State argues that the City's Motion for Reconsideration is "based on

arguments of the same unique and self-serving interpretations of the Board regulations

that were considered and rejected" in the Board's prior rulings. (State's brief at 1).

Nothing could be further from the truth; this claim conveniently ignores the content of

the City's motion

and brief.

The focus of the Motion

and brief in support was on the "remedy" and the

penalty imposed

by the Board in its June 18,2009 Order (hereafter "the Order"), and on

the Board's analysis in formulating them.

The City has

urged the Board to reconsider and modify its Order because it

imposes a crushing

burden on a tiny municipality; because it derived from an

erroneous finding that the City's exercise of the right to appeal should be deemed an

"aggravating factor"; because the method for calculating the "economic benefit" to the

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City from the alleged violations was erroneous; and because the amount of financial

assurance specified in the Order is based on incorrect, outdated cost estimates.

Obviously, these arguments have not been previously ruled upon by the Board,

inasmuch as they are based on the "remedy" and penalty formulated and imposed by

the Order.

I.

Key Matters Upon Which the State Is Completely Silent

The State's brief is silent with respect to

numerous issues raised by the City in its

Motion for Reconsideration. For example, the State was silent with respect to the City's

plea that the Board reconsider the crushing economic effect of its Order on a tiny

municipality whose population, as of the last census,

numbered less than 9,000 citizens

over twenty years old.

The State was also silent with respect to the

argument that it is unfair to require

that the City both post $17.4 million in financial assurance and, at the same time, also

bear the actual, ongoing cost of leachate treatment at its publicly owned treatment

works ("POTW"), in addition to also bearing the high costs of environmental

engineering

and monitoring services.

The State was likewise silent concerning the fact that the City's annual

audit will

not be complete until October 2009, which makes it impossible, at this time, to

accurately assess the City's ability to

post a local government guarantee or otherwise

comply

with the financial assurance requirements imposed by the Board's Order, as

well as

pay the civil penalty imposed.

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The State was also silent with respect to the fact that no evidence was presented

linking

the violation alleged with a supposed economic benefit to the City, although the

statute mandates that the

amount of penalty should be derived from the benefit

received

by the delay, or by the lowest cost alternative for compliance. In ignoring this

point, the State presumably seeks to avoid the fact that the evidence

showed the lowest

cost alternative is the posting of a local government guarantee, along with funds

on

hand to cover the incremental shortfall between the amount that can be guaranteed

based

on the statutory formula and the total amount of financial assurance required)

In addition, the State was silent as to the City's recitation of numerous examples

of its actions that

should have been considered as mitigation, including the voluntary

payment of almost a million dollars in environmental engineering and monitoring costs

in the aftermath of CLC's abdication of its responsibilities. Similarly, the State was

silent

with respect to the City's good faith steps toward creation of a revenue stream

through expansion of the

TIF district, so as to have a source of funding in the event the

Board entered a finding of liability. The State

was also silent concerning the mitigating

factor of the City's efforts to collect

and accumulate the considerable amount of soil

required for closure cover,

by requiring developers and contractors who excavated in

conjunction

with a large sanitary sewer project to place excess soil on City property.

1 The State complains

that the City did not previously post a local government

guarantee, however posting a local government guarantee before a final adjudication

that

it

was required would have been an abdication of the City's responsibility to

taxpayers

not to take on unnecessary financial obligations.

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Similarly, the State offers no response to the City's request that the Illinois

Environmental Protection Agency ("IEP A" or the "Agency") be directed to review

and

respond to the recently submitted 2009 cost estimates,2 which accurately portray the

site's geophysical characteristics, as well as the groundwater monitoring and treatment

appropriate to conditions

at the site, thereby offering an accurate representation of the

amount of financial assurance required for the site.

There is, in short, no response

by the State to the seminal points raised in the

City's Motion for Reconsideration. Presumably, the State realized it

had no way to

refute them. Because these points are unopposed, reconsideration is proper.

II.

The State's Mischaraclerizations of the City's Exhibits.

As a threshold matter, the State objects to the City's having tendered new

evidence, however it is axiomatic that when considering a motion for reconsideration

in

which the movant asserts the Board's decision was in error, the Board will consider

evidence

not available at the time of hearing.

Tarkowski v. IEPA,

PCB 09-062 (July 23,

2009), citing

135 Ill. Adm. Code 101.902;

Citizens Against Regional Landfill v. County Board

of Whiteside,

PCB 93-156 (Mar. 11, 1993),

Korogluyan v. Chicago Title

&

Trust Co.,

213 Ill.

App. 3d 622, 627, 572 N.E.2d 1154, 1158 (1st Dist. 1992). The affidavits attached to the

City's motion present evidence not available

at the time of the hearing, which are

directly relevant

to errors in the Board's decision.

a.

The Enger Affidavit

2 A copy of the revised and updated cost estimates submitted to the IEPA on August 17,

2009 is attached hereto, marked as Group Exhibit A.

4

70610233v2 806289 52944

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The State attacks the information Mr. Enger provided in his affidavit, claiming

that the information should have been provided at the hearing two years earlier, in

2007. This, however, argues for an impossibility. Mr. Enger provides the Board with an

updated financial picture of the City as of July 2009, in response to the harsh financial

burdens imposed by the Board's Order in June 2009, which threaten to crush the City.

Mr. Enger also provided information showing that the Board's calculation of the

financial "benefit" the City supposedly derived from the landfill was erroneous,

inasmuch as it failed to take into account the substantial offsetting costs incurred by the

City, including steep environmental engineering and monitoring costs to safeguard

public health and safety. Factoring in those costs, it is clear that contrary to the Board's

finding, the City has not in any way "profited" from CLC's catastrophic

mismanagement of the landfill.

The State argues that the information about the City's environmental engineering

and monitoring costs, which offset the tipping fees paid by CLC, should have been

presented in 2007. Apparently, the State believes the City should have somehow

predicted that the Board would rely on the amount of tipping fees paid between 2001

and 2005 as a stand-in to replace the non-existent evidence in the record of a supposed

"benefit" realized

by the City from not posting financial assurance for the landfill.

Regrettably, the City lacks powers of clairvoyance

and could not predict that the

Board

would turn to tipping fees to fill in the missing gap in the evidence, just as the

City could not, in 2007, predict what its financial situation would be two years later.

Indeed, in the two years since the September 2007 hearing, this country has seen

an

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unprecedented economic crisis. Accordingly, it would be impossible for the City to

present evidence of its July

2009 financial status in 2007.

Finally, Mr. Enger brings to the Board's attention the good faith efforts the City

undertook

in the aftermath of the Board's 2006 summary judgment order. The City

began to marshal the resources that could be needed

if,

as ultimately occurred, a heavy

financial obligation

was imposed. Mr. Enger further demonstrates the City's good-faith

efforts to protect the environment, as it voluntarily retained environmental experts and

paid the cost to have them perform environmental engineering and monitoring. This

evidence is presented to correct the Board's misapprehension, as articulated in the

Order, that the City has

not acted with good faith.

In his affidavit, Mr. Enger proVided the Board with most current information

available as to the state of the City's financial resources.

He has provided relevant data

not considered by the Board in the erroneous calculation of a supposed benefit from the

violation alleged. He offered evidence of a myriad of good faith efforts undertaken by

the City, contrary to findings in the Board's final Order. Accordingly, the Enger

Affidavit was properly submitted in response to the Order.

b.

The Good Affidavit

Mr. Larry Good provided an affidavit in direct response to the Board's finding

that the City "profited from leachate treatment." Notably, no evidence concerning any

purported "profit from leachate" treatment was presented by the State at the hearing,

and indeed, there was no reason for anyone to anticipate that a supposed "profit" from

leachate treatment

would be at issue in this case. The Board raised the issue

sua sponte,

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70610233v2 806289 52944

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and the City has never previously had an opportunity to counter the notion that

it

profited from treating leachate from the landfill.

It

would, therefore, be fundamentally

unfair to

prevent the City from presenting, through the affidavit of Mr. Good, what is

the only evidence

in the record on this issue.

Moreover, this affidavit was presented

in response to the erroneous finding that

the City's treatment of leachate

made it an operator of the landfill. Under Illinois law,

landfill operators

may send leachate for off-site treatment at a municipal or other

wastewater treatment facility, as long as the offsite treatment works agrees to accept it.

35 Ill.Adm.Code §811.307(e); §811.309(a). As long as the leachate sent to the POTW does

not constitute 50% or more of its influent, the POTW is not part of the landfill

operations. § 811.309(e). Here, the landfill operator, CLC, negotiated

with the City and

obtained permission to do that which is contemplated by the regulations: discharge

leachate from the landfill to a POTW for treatment.

35 Ill.Adm.Code

§811.309(e)(1)(C)(2). As the affidavit submitted

by Mr. Good establishes, the leachate

CLC sent to the City's POTW constituted far less than 50% of the POTW's influent (in

fact, less than

1%). Therefore, the Good affidavit makes clear that the Board erred in

finding that the City's treatment of leachate at the POTW meant it was "conducting

landfill operations." Accordingly, the Affidavit

was properly submitted with the

Motion for Reconsideration.

c.

The Varsho Affidavit

Jesse Varsho submitted

an affidavit to explain that no environmental harm will

result

if

the Board modifies the timetable in its Order. Although the State asserts that

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any evidence concerning environmental conditions at the site should have been

provided in 2007, this again conveniently ignores the fact that any evidence presented

in 2007 predicting conditions at the landfill two years later would have been pure

conjecture. Here, the current status of environmental conditions at the site is based on

more than 10,000 air and groundwater tests performed over the last four (4) years, and

is therefore directly relevant to the City's request for additional time to obtain IEPA

review of

updated cost estimates, and to evaluate the City's financial resources and

ability to meet the obligations imposed by the Order.3

(See

Varsho Affidavit). The

information in the affidavit submitted

by Mr. Varsho shows that the requested

modification of the timetable

would pose no risk to the environment.

Because the Varsho Affidavit demonstrates

that no environmental harm will

result from granting the requested modification of the timetable

in the Order, it was

properly submitted with the City's Motion for Reconsideration.

d.

The Crawford Affidavit

In his affidavit, Mr. Crawford, independent auditor to the City, provides the

Board

with an updated picture of the City's finances as of July 2009. This is particularly

important

in light of the Order's requirement that the City pay sums which appear to

exceed its available resources. According to the State, information available for the first

time in

2009 should

have somehow been provided in 2007.

3 As

noted above, the City's environmental engineers, Shaw Environmental, submitted

revised cost estimates to IEPA

pursuant to the Order. A copy of those submissions is

attached hereto as Group Exhibit

A.

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As with Mr. Enger, Mr. Crawford presents information in his affidavit that was

impossible to present in

2007. Indeed, it is painfully obvious that no one, including the

City's Auditor, could have predicted the global economic collapse that occurred during

the intervening two years, which has taken a substantial toll on the City's finances.

Similarly, no one could have predicted in

2007 how much money would be in the City's

coffers two years later, even without the devastating effect of the current recession. The

State claims that the affidavit should be stricken because the State has

had no

opportunity

to cross-examine the affiant concerning its contents. Given this objection,

the remedy

is not to strike the affidavit, but to reopen the hearing to take additional

evidence

on the City's current financial status. Because evidence of the City's inability

to meet the financial demands of the Order is relevant to the remedy,

and this Board's

information is two years old, the Board should consider updated information, either

through the affidavit, or through testimonial evidence in a reopened hearing.

e.

The Mayor's 2002 Memorandum

Cries of "unfair surprise" from the State regarding the 2002 Memorandum ring

particularly hollow in the wake of the State's

own surprise filing of an affidavit by Mark

Retzlaff, in which the State makes allegations of illegal

dumping by the City, and of

purported environmental danger at the landfill. First

and foremost, such allegations are

simply a red herring. This appeal concerns a financial assurance action,

not an

enforcement action for alleged illegal dumping. The State's illegal

dumping allegations

are nothing more than a diversionary tactic, to which the State has presumably resorted

because it

had no meaningful response to the issues directly involved in the case.

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However, the City cannot sit idly by and say nothing in response to the Board's

erroneous finding that the City has

not demonstrated a good faith commitment to the

environment in its conduct regarding the landfill, and to the State's allegations of illegal

dumping. Therefore, in response, the City provided a copy of the Mayor's 2002

Memorandum as an exhibit to its brief to demonstrate that the City has indeed shown

an ongoing commitment to prohibiting illegal dumping at the site.

The State complains that the 2002

Memorandum "was not previously disclosed"

during discovery. However, there was no reason to bring this document up at that time,

because the City could not predict that the State would suddenly raise illegal dumping

accusations in the midst of a financial assurance appeal.

Because the Mayor's 2002 Memorandum prohibiting dumping was provided in

response to a finding by the Board that the City has not shown a good faith

commitment to protecting the environment,

and to counter the State's allegations, it

was properly submitted with the City's Motion for Reconsideration.

III.

The Retzlaff Testimony and Affidavit

Retzlaff testified at the hearing that it is permissible for CLC to take in certain

wastes

at parts of Parcel A

(See

Tr. 9/11/07 at 91-92, 96). Nevertheless, the State asserts,

contrary to this testimony, that it is impermissible for

any waste whatsoever to be

placed anywhere in Parcel A. (Resp. at 11). As someone who had "personally inspected

the Landfill on at least 15 occasions," Retzlaff was well aware of the fact that Parcel A

was still available to receive waste within the permitted section, and so testified.

(See

Exh. 1 at <](4).

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With respect to alleged waste disposal violations at the landfill, Retzlaff initially

testified that he had observed an area where he believed waste had been deposited

outside the edge of the permitted area of Parcel

A. However, he subsequently admitted

that he made no effort to identify the location of the edge of the permitted area in order

to determine whether the material was, in fact, within that permitted area (Tr.

9/11/07

at 91-92,96,112).

The State asserts in its brief that Retzlaff testified in 2007 to "fresh dumping of

Morris's wastewater treatment sludge on Parcel A of the landfill." (Resp.

at 10). By

providing no citation to the record, the State avoids the fact that the testimony to which

it

alludes consists of hearsay recitations of statements and allegations purportedly

uttered

by one "James Pelnarsh," a CLC employee.

(See, e.g.,

Tr. 9/11/07 at 48, 66).

Such hearsay statements are not admissible, nor are they an admission binding on the

City.

CLC clearly has a strong interest in foisting its own misconduct onto the City in

hopes of avoiding responsibility for some or all of its legal obligations.

Retzlaff admitted that while Pelnarsh told

him the City was continuously

disposing of materials

at the landfill, Retzlaff never bothered to check with anyone at

the City to see whether this statement by Pelnarsh was true. (Tr. 9/11/07 at 89). As

memorialized in the 2002 Memorandum, the City has had a policy, since 2002, of

prohibiting the

dumping of City waste at the landfill.

Hearsay accusations uttered

by an employee of a party adverse to the City,

which are offered

by the State for the truth of the matter asserted (in this case,

accusations of illegal conduct) represent exactly the type of situation the hearsay rule

is

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meant to avoid. At the hearing, the City objected repeatedly to such hearsay testimony

concerning statements allegedly made by CLC's agent.

(See, e.g.,

9/11/07 at 49-50). That

objectionable hearsay has now come back in the form of an affidavit - double hearsay.

Retzlaff obviously cannot attest to the truth of Pelnarsh's hearsay accusations, and his

affidavit is

an out-of-court statement that the City cannot test through cross-

examination. The City therefore urges the Board to strike the paragraphs of the Retzlaff

Affidavit which simply recite hearsay.

Moreover,

when Retzlaff's affidavit alleging illegal dumping was first tendered

to this Board, on June 3, 2009, it was accompanied by photographs that purported to

illustrate supposed illegal dumping at the landfill. In the wake of the affidavit and

photographs, the Mayor, along with Mr. Warren Olson of Chamlin and Associates (the

City's civil engineering firm) investigated the matter, conducting a survey of the area.

(See

affidavit of Warren Olson, attached hereto as Exhibit B.) Their investigation

included comparing the area where material was dumped with the boundary of the

permitted landfill facility. (Exh. B). The investigation revealed that the dumping

incident(s) photographed by Retzlaff were examples of "drive-by" or "fly dumping,"

which

did not even occur at the landfill. (Exh. B). Rather, these "drive-by" dumping

incidents occurred on an undeveloped 4-5 acre outlot area which is situated adjacent to

the landfill facility, locally referred to as the "head-end" site (Exh.

B).4 The dumping

4 The head-end area was formerly the location where equipment for the local cable

channel, including antennas,

was maintained.

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occurred as much as 100 feet away from the landfill, with no overlap whatsoever onto

landfill property (Exh. B).

In the aftermath of the discovery of dumping on the head-end site, a padlocked

gateway was installed by the City to block the access

road and prevent future drive-by

dumping (Exh. B). Since installation of the padlocked gateway, no new dumping has

been observed (Exh. B).

Ultimately, it must be remembered that the State's accusations of illegal

dumping at the landfill are simply red herrings in this, a financial assurance case.

However, in the interest of fairness, the City

must be allowed to present evidence to

counter those accusations. Similarly, fundamental fairness requires that the City not be

judged on the basis of hearsay statements made by an agent of CLC, which has every

reason to attempt to foist its

own misconduct onto the City.

IV.

The Board's AprilS, 2001 Order in PCB 01-048/01-049.

The State erroneously asserts that the Board previously "upheld Illinois EPA's

requirement that 100 years of leachate treatment be secured." (Resp. at 3)(emphasis

added). The April 5, 2001 Order referenced by the State offered absolutely no opinion

by the Board on the proper length of time necessary for leachate treatment. Rather, the

Order held that the value of the leachate treatment services provided by the City must

be incorporated when determining the amount of financial assurance to be posted for

the facility. (April

5, 2001 Order at 29).

Most importantly, when the 2001 Order was entered, the extent of the defects in

the original groundwater modeling exercise performed

by CLC's consultants had not

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yet been recognized. At that time, it was not clear, as it is now, that the groundwater

modeling was defective in the extreme. (Tr. 9/12/07 at 79-80; 87-88). What is now

known is that the original modeling was so defective that the modeler simply gave up

and agreed to 100 years of monitoring and treatment because he was unable to get the

model to pass.

(Id.)

Even the IEP A recognizes that the applicant should" conduct a new groundwater

impact assessment" in the event it comes into possession of "more accurate geological

data." (Resp. Exh. 1

at p. 4)(emphasis added). This is exactly what has happened in the

intervening years. The

team of environmental engineers who reviewed the original,

defective modeling

have concluded that the idea of performing "100 years of leachate

treatment"

was entirely unsupported by the evidence and should be corrected.

Nevertheless, since

that time, the State has steadfastly clung to the "100 years of

treatment," refusing to accept a corrected

model that shows 100 years of treatment are

unnecessary.

V.

The IEPA's Rejection of Updated Cost Estimates.

In claiming the City "lied" about whether the Agency acted upon the 2005 and

2007 cost estimates, the State conveniently fails to recognize that the IEPA's response to

the revised cost estimates occurred after the close of the hearing.

The hearing

concluded

in September 2007, and a month later, the IEPA sent a fax to Shaw

Engineering, which

the State attached to its Response as Exhibit 1. The attorneys who

prepared the Motion to Reconsider and brief in support were unaware of the October

response. They correctly represented

the September hearing record in stating:

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However, a renewal application was submitted to IEPA in 2005 which

included an

addendum with a revised cost estimate of the closure and

post-closure costs (based on the old modeling) (9/11/07 Tr. 216-18). These

cost estimates were again revised in response to IEP A comments in

November

2005 (9/12/07 Tr. 111-13, 118).

This record shows no response

by theIEPA.

(City's Brief at 14)(emphasis added). Elsewhere, the City correctly stated:

At the 2007 hearing,

Christine Roque, the IEPA permit supervisor,

testified that the revised cost estimates continued to simply remain

Hunder review"

(9/11/07 Tr. 217-18).

(City's Brief

at 14)(emphasis added). Again, this is true because the EPA made no

response for another month,

at which time it faxed a response to the City's engineers.

Upon receiving the State's Response, the City's attorneys investigated and

confirmed that about a month after the hearing, the IEP A apparently faxed a "draft"

letter to Shaw Engineering concerning a permit application. That draft letter includes

statements by the Agency in response to the 2007 cost estimates. Therefore, the City's

attorneys incorrectly but inadvertently stated that the "IEP A has continued to refuse to

address the revised cost estimates." (City's brief at 14). They regret the error and stand

corrected.

However, the State erroneously asserts

that the City requested modification of

the Order's timetable "entirely based on its representation that Illinois EPA never acted

on its 2005 and 2007 revised closure/post-closure cost estimates." (State's Resp. at 2).

This representation is simply false. The City's motion sought modification of the

timetable for requiring the City to

post $17.4 million in financial assurance on a

nu~ber

of bases, including, but not limited to: (1) the impossibility of a tiny municipality being

15

70610233v2 806289 52944

Electronic Filing - Received, Clerk's Office, August 31, 2009

---

able to raise sufficient funds to meet the crushing burden of the Order within sixty (60)

days; (2) the City's need to see the results of its audit, due in October 2009, to determine

its fiscal strength

and ability to comply with the financial assurances required by the

Board;

(3) the Board's reliance on outdated closure/post-closure figures which are

grossly inaccurate;

and (4) the evidence at the hearing that the antiquated cost estimates

of $17.4 million

were incorrectly calculated, having been based on groundwater

modeling that was "defective in the extreme." Therefore, the State's claim that the

City's request for modification of the

Order's timeline was "entirely based on" Agency

inaction concerning the 2005

and 2007 cost estimates is patently false.

VI.

The State Erroneously Cites Statutory Mechanisms for Raising Revenue

That Are Unavailable to the City Under These Facts.

a.

The Illinois Tort Immunity Act

The State asserts

that the City can use provisions of the Illinois Tort Immunity

Act to raise the revenue required to meet the obligations imposed by the Order. This

represents a dramatic shift

away from the State's prior position, that the Tort Immunity

Act is inapplicable, and challenges the Board's finding that the Tort Immunity Act is

inapplicable

under these facts.

It

is well-settled law in Illinois that the Tort Immunity Act ("TIA") applies only

to tort actions seeking damages.

PACE v. Regional Transp. Authority,

346 Ill.App.3d 125,

143, 803 N.E.2d 13 (2d Dist. 2003). The legislature'S purpose in promulgating the TIA

was "to prevent the diSSipation of public funds on damage awards in tort cases."

Van

Meter v. Darien Park District,

207 Ill.2d 359, 368, 278 Ill.Dec. 555, 799 N.E.2d 273 (2003)

16

70610233v2 806289 52944

Electronic Filing - Received, Clerk's Office, August 31, 2009

---

(emphasis added). Article IX of the TIA addresses "Payment of Claims and Judgment,"

and it is this portion of the Act that the State identifies as purportedly available to the

City.

See

745 ILCS 10/9-101

et seq.

Section 9-107 sets forth a tax-levy power, and section

9-102 explains the circumstances for utilizing such a tax levy.

Under Section 9-102, a

local public entity is entitled to "to pay any tort judgment or settlement for

compensatory damages .... "

Id.

(emphasis added). The Illinois Supreme Court has

held

that "the use of the term 'compensatory damages' in section 9-102 limits

application of that provision to the

payment of monetary awards in tort judgments or

settlements."

In re Consolidated Objections to Tax Levies of School Dist. No. 205,

193 Ill.2d

490,497-98,739 N.E.2d

508 (2000) (emphasis added).

Section 9-103 addresses insurance contracts, but only within the context of

tortious acts. Section 9-104,

by its terms, contemplates only the payment of tort

judgments

and settlements. Section 9-105 authorizes the issuance of bonds without

referendum for insurance only against tortious acts or the payment of tort judgments or

settlements. Section 10/9-107, which the State points to

(see

n. 39) is particularly limited

in application. Its purpose is "to provide an extraordinary tax for funding expenses

relating to

(i) tort liability, (ii) liability relating to actions brought under the federal

Comprehensive Environmental Response, Compensation,

and Liability Act of 1980 or

the [federal] Environmental Protection Act,

but only until December 31, 2010, (iii)

insurance, and (iv) risk management programs.

Id.

Financial assurance bonds are not

one of the listed purposes, and neither is the civil penalty imposed in this case. The

General Assembly declares, in Section 10/9-107, that

"as a matter of policy, [ ] (i) the

17

70610233v2 806289 52944

Electronic Filing - Received, Clerk's Office, August 31, 2009

---

use of the tax revenue authorized by this Section for purposes not expressly authorized

under this Act is improper and (ii) the provisions of this Section shall be strictly

construed consistent with this declaration

and the Act's express purposes.

Id.

(emphasis

added). Because this Section of the Tort Immunity Act does not appear to authorize

levying a tax to

pay for the financial assurance mechanisms ordered by the Board, or for

paying the civil penalty imposed

by the Board, this Section appears to offer no authority

for the City to utilize the TIA to raise the necessary revenue.

b.

35 Illinois Administrative Code Part 104.

The State further asserts that the City can take advantage of the regulatory relief

mechanisms in

35 Ill.Adm.Code Part 104. However, this section of the regulations

simply gives the Board the authority to determine whether enforcement of a particular

regulation would impose

an arbitrary or unreasonable hardship on a party.

If

the

Board finds that enforcement of a particular regulation would impose such a hardship,

it may grant a variance with respect to that regulation.

Monsanto Co. v. Pollution Control

Board,

67 Ill.2d 276, 289, 367 N.E.2d 684 (1977).

The regulatory variance procedure cited by the State is therefore intended to

exempt certain parties from particular regulations that limit pollution, to avoid

hardship. That is

not the situation here, where the City seeks relief from a civil penalty

and a requirement to post financial assurance for the landfill. The cited provisions,

which authorize variances in pollution standards, are therefore inapplicable.

VII. The Evidence Supports the Position that a Financial Assurance Bond

Would Have to Be Fully Collateralized

18

70610233v2 806289 52944

Electronic Filing - Received, Clerk's Office, August 31, 2009

---

The State argues there is "no evidence" that the City would have to fully

collateralize the $17.4 million

in financial assurance mandated by the Order, ignoring

the fact that the Board has effectively

ordered the landfill to cease all operations, which

would be apparent to any surety investigating the matter.5 In light of the fact that the

Board has prohibited the landfill facility from accepting

any new waste, and further,

given Parcel B's overfill status, it is clear

that any financial assurance bond purchased

for the site would almost certainly be called in short order, as noted in the testimony of

environmental engineer Devin Moose. (Tr. 9.12.07

at 108-110). Even the State itself

acknowledges,

in its Response to CLC's Motion for Reconsideration, that years ago,

when CLC's owners investigated the cost of acquiring substitute financial assurance,

"closure of Parcel B of the Landfill

was already several years overdue." (Resp. to CLC at

11).

In any event, the City needs additional time to investigate what options are

available to

meet the financial assurance requirements of the Order, and what the cost

of those options

would be. Accordingly, the City's request for a modification of the

timetable set forth

in the Order is appropriate.

VIII.

The Freeze as to the Frontier Bonds

The State asserts that it should be permitted to unilaterally negotiate with

Frontier concerning the bonds, without involvement of the City. The City counters that

unlike the

truly interested parties whose names appear on the bonds, the State has

5 The Board has declined to close Parcel

B, but simultaneously precludes its use for the

disposal of

any more waste.

19

70610233v2 806289 52944

Electronic Filing - Received, Clerk's Office, August 31, 2009

---

absolutely no incentive to aggressively negotiate with Frontier, since any money it

recovers will merely function as

an offset against funds the City must otherwise

provide.

The State's claim

that "[s]ince no financial assurance is now in place, anything

recovered will be very helpful" (Resp. p.

19) reveals precisely the cavalier attitude

toward recovery that concerns the City. The State's attitude seems to be that anything it

gets will be fine; the taxpayers of Morris can foot the balance. The City's interest in

obtaining a fair

and reasonable settlement from Frontier on behalf of its taxpayers is

both pragmatic and urgent. The City should, accordingly, be permitted to participate in

negotiations

with Frontier.

IX.

The State's Request for Sanctions

The State suggests that the Board should impose sanctions against the City for

what the State calls "false representations" in the City'S Motion for Reconsideration.

(See, e.g.,

State's Response brief at 1). The City counters that it has not proffered no

intentional misrepresentations,6 and urges the Board to take note of the State's

seemingly intentional misrepresentations identified above, as well as its unnecessary

hyperbole. There is simply

no basis for imposing sanctions against the City in this case.

Finally, it is noteworthy

that the State tells the Board, in its Response to CLC's

Motion for Reconsideration, that "Respondents have

not submitted updated cost

estimates for the Landfill since 1999 ... " (Resp to CLC's Motion,

at 8). As has been

6 As discussed above, the attorneys

who drafted the motion and memorandum largely

discussed the evidence

at the hearing. At the time, they were unaware of the IEPA's

response a

month later. They acknowledge and regret their inadvertent error.

20

70610233v2 806289 52944

Electronic Filing - Received, Clerk's Office, August 31, 2009

---

discussed at length by all parties during the briefing of this matter, and as was testified

to by Christine Roque at the 2007 hearing, revised cost estimates were in fact submitted

to the Agency in 2005, and again in 2007. Additionally, as can be seen in Group Exhibit

A, filed with this brief, updated cost estimates were again submitted on August 17,

2009, nine (9) days before the State filed its brief. The State's claims, therefore, that the

City has not filed updated cost estimates make it abundantly clear that the City's

attorneys are not the only ones who have erred on the issue of the history of cost

estimate submissions while briefing this case.

CONCLUSION

For the foregoing reasons, and as discussed in the motion for reconsideration and

principal brief in support, the City of Morris respectfully requests that this Board

reconsider its opinion

and enter a modified order:

1

.

Holding that the City did

not violate the financial assurance regulations,

that no penalty is warranted as against the City, and that the financial assurance

requirements do not apply to the City.

2.

In the alternative, the City requests this Board to vacate the $399,308.98

penalty.

3.

In the alternative, the City requests that the Board's Order be modified to:

A.

Hold that the City is only individually liable in an amount of its

original bond;

B.

Require that revised and updated cost estimates for the Morris

Community Landfill

be submitted to IEP A within 60-90 days from the

date of entry of the Board's ruling

on this motion to reconsider;

21

70610233v2 806289 52944

---

C.

Require that upon receipt of the updated cost estimates, that the IEPA

be required to determine the appropriate revised cost estimates for the

Morris Community Landfill facility within a certain time to be

determined

by the Board; and

D.

Allow that upon IEPA's determination of the revised cost estimates,

additional time

be granted to the City to provide financial assurance in

accordance

with the regulations.

4.

To give the City 90 days after approval of the City's Audit (which is

expected to be completed in October) to post financial assurance so

that the amount of

government guarantee can be determined,

and so that all avenues to obtain a bond or

post other financial assurance may be investigated and completed.

5.

To order that no person or governmental entity may resolve the claims

against Frontier without the participation of the City.

6.

Granting such other and further relief as this Board deems proper.

Charles F. Helsten

Nancy

G. Uscher

Nicola Nelson

Hinshaw

&

Culbertson LLP

100 Park Avenue, P.O. Box 1389

Rockford, IL 61105-1389

(815) 490-4900

Scott M. Belt

Belt Bates,

&

Associates

105 East Main Street

Suite

206

Morris, IL 60450

(815)941-4675

Respectfully submitted,

lsi

Nicola Nelson

One of the Attorneys for the City of Morris

22

70610233v2 806289 52944

---

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 August 31 , 2009, she caused to be served a copy of the foregoing upon:

Mr. Christopher Grant

Assistant Attorney General

Environmental Bureau

69 W. Washington

St., Suite 1800

Chicago,

IL 60602

Mr. John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

100 W. Randolph, Suite 11-500

Chicago,

IL 60601

(via electronic filing)

Mr. Scott Belt

Scott M. Belt

&

Associates,

P.e.

105 East Main Street

Suite 206

Morris, IL 60450

Via E-Mail and regular U.S. mail.

HINSHAW

&

CULBERTSON

100 Park A venue

P.O. Box 1389

Rockford, IL 61105-1389

(815) 490-4900

Mark LaRose

LaRose

&

Bosco, Ltd.

200 N. LaSalle, Suite 2810

Chicago, IL 60601

Bradley Halloran

Hearing Officer

Illinois Pollution Control Board

100 W. Randolph, Suite 11-500

Chicago,IL 60601

Clarissa Y. Cutler

Attorney at Law

155 N. Michigan Ave., Suite 375

Chicago, IL 60601

Jo

70415200v I 8

06289

Electronic Filing - Received, Clerk's Office, August 31, 2009

---

I

Sli

~'"

aw

Shaw Environmental, Inc.

August 17,2009

Stephen F. Nightingale, P.E.

Permit Section Manager

Illinois Environmental Protection Agency

Bureau

of Land

1021 North Grand Avenue East

Springfield, Illinois 62794-9276

Re:

Site ID No. 0630600001

Morris Community Landfill - Parcel A (Permit No. 200-155-LFM)

Dear

Mr. Nightingale:

A World of Solutions'"

Shaw Environmental (Shaw) is submitting this permit application to revise closure and post-closure

cost estimates for the Morris Community Landfill- Parcel

A.

The narrative below and the included

attachments provide explanation

of the closure and post-closure cost estimate revisions and all

supporting documentation. The original and 4 copies are provided; the appropriate IEPA forms

are provided

in Attachment 1.

Narrative

Shaw has revised the closure and post-closure cost estimates for Morris Community Landfill -

Parcel A. The revised cost estimates represent the most current costs required to complete

closure

of Parcel A and to fund post closure care activities as required by the applicable

regulations . Tables summarizing the tasks and costs associated with the closure and post-closure

care of Parcel A are included

in Attachment 2. The closure and post-closure care cost tables

include both the quantities required along with the appropriate unit costs

and references for the

unit costs.

An operating plan supporting the revised closure and post-closure cost estimates

for Parcel A has

been developed and

is included in Attachment 3.

On November 14, 1994, the City of Morris passed an ordinance that prohibited the disposal of any

waste material with the exception

of inert C&D materials. This ordinance is provided in

Attachment

4. Since Parcel A unit has taken only inert waste, therefore the applicable regulations

are 35

III. Adm. Code Subpart A (811.100) and Subpart B (811.200).

The closure and post-closure care cost estimates include a revised final cover design that meets

the requirements of 35

III. Adm Code 811.204. Additionally, the post-closure cost for 100 years

of groundwater treatment has been removed since

35 III. Adm . Code 811.317 is no longer

applicable.

160 7 E

. MAIN STREET , S

UITE E • S

T

. CHARLES, IL 601 74.2343

~A

/11 M h 'H1 7 r:.

'

J

1

~

n n •

~

A Y r:. '1 n 7 (;? 1 An ?

Electronic Filing - Received, Clerk's Office, August 31, 2009

---

Mr. Stephen Nightingale

IEPA - Bureau

of Land

Page 2

of 2

August 17, 2009

Groundwater, leachate and perimeter landfill gas probe sampling are included in the post-closure

cost estimates even through not required by the regulations. This additional sampling will

be an

additional safety factor to ensure protection of the public health, welfare and safety.

We look forward to working with the IEPA to resolve all the of IEPA concerns with this permit

application in a timely manner. If you have any questions, please contact me

at (630) 762-1400.

Sincerely,

~

%?tat, Inc.

Jesse Varsho, P.E., P.G.

Project Manager

cc:

Mayor Richard Kopczick - City of Morris

Chuck Helsten - Hinshaw

& Culberston

---

ATTACHMENT 1

---

J lIinoi$

Environmental

Protection Agcncy

Bureau of Land

1021 NOrlh Grand Avenue East

Box

19276

Springfield, I L 62794-1J276

GENERAL APPLJCATION FOR PERMIT

(I~PC-PA1)

This fonn must be used for any appJ ication for penniL except for landscape waste composting or hazardous waste management

facilities regulated in accordance with RCRA Subtitle C from the Bureau of Land. One original and two (2) photocopies, or three (3)

if applicable, of all pennit application fonns must be submitted. Attach the original and appropriate number of copies of any necessary

plans, specifications,

reports, etc. to fully support and describe the activities or modifications being proposed. Attach sufficient

infonnation to demonstrate compliance with all applicable regulatory requirements . Incomplete applications will be rejected . Please

refer to the instructions for further guidance.

Note:

Pemlit applications which are hand-delivered to the Bureau of Land. Pennil Section must be delivered to 102 I North Grand

Avenue East between the hours ofS:30 a.m. to 5:00 p.m .. Monday through Friday (excluding State holidays).

Please type or prinl legibly.

I.

SITE IDENTIFICATION

Name: Community Landfill - Parcel A

S i

I

e

If

(!Iii no is [P A ): 0

.

....,6,-,3"-,,-0-,-6,-0,,-,,,0-,-0,-,0,,-,-1 ______ _

Physical Site Location (street, road. cte.

): 150

I

Ashlev Road

----.- -.

-

.

----

City, lip Code: Morris g.Q9""S""O'--____________ _

COUIlI\,:

Cirundv

Exis ting

DE/OP Pennit Nos. (ifapplicahle): 1000-155-LFM

II.

OWNER/OPERATOR IDENTIFICATION

Name: City of Morris

Address: 320 Wauponsee

Morris. lllinois 60450

OWNER

Contact Name: Mavor Richard Kopczick

Phone

"Ii :

(815) 942-0103

OPERATOR

rOlTIlllunitv Landfill

1

SO

I S.

Ash lev Road

Morris. lllinoisJl04S0 _____ _______ _

---------

-

----

Robenj>J1lilll

lB.I 5) 942-,1941..

Ill.

PERMIT A]'PLlCATlON IDENTIFlCATJON

TYPE SUBMISSION/

REVIEW PERIOD:

o

New Landfill1l80 days (35 lAC Part 8

I 3)

o Landfill Expansion/I 80 days (35 lAC Pan 813)

o Sign . Mod to Operate/90 days (35 lAC Part S I 3)

I2?J Other Sign. Mod/90 days (35 lAC Pan 813)

o

Rcnewal of Landfill 90

day~

(35

lAC

Pan 813)

o

De\"(~lopl1lentaI!90

day~

(35 I AC Part S(7),

o Operating:45 days (35 lAC Part 807)

o Supplemental/90 days (35 lAC Part 807)

o Pennit Transfer/90 days US lAC Pan X0 7)

o Renewal of Experimental '

Penn it

{35

lAC

Pan ){07)

TYPE FACILITY:

I2?J Landfi .

ll

D

Land T re<ltmenl

D

Transfer Slatillll

D

T reatmcnt

D

Stora!!e

D

Incin~rator

D

Compos ting

D

Recycling,}{eclam<llion

D

Other (Specify)

TYPE WASTE:

o General Municipal Refuse

o

Hazardous

o Special (Non-hazardous)

o Chemical Only (exc. putrescihle)

I2?J Inert Only (exc. chemical and

putrescible)

o

Used Oil

o Potentially Infectious Medic.!1 \\aste

o Landseape Waste

o

Other (Specify)

..

-

.

.

.

- - - -

. .

--.

--------

DESCRIPTION OF TnIS PERMIT REQl!EST: (Include a briefnarratiw d<: scriptioll here.)

Re\i~l'd

Closure and Post-Closure

Care

C(lst estil1lillCS r(l!"jJ

nnJl1 unil\' LlIJdlili -

l?i!I~:s:t 6 _

.

_ __

. .. _____

.

_____ _

II.

:' . '~-I

s, -'

I.I'C'~()

Rn . 2 0.'

I hj ;-,

: \~t.:lh :~

j",

aullh'l

i/"'d

h. 1"I

.:quih

,'

Ihi~ 1IlrtlnJl~l1jtlll

undl'

r JIIino;:-- I{\,.

' \ i:--I.:d

~(a\ut\. ·:".

I'nll,

( ' Il ~ lpl\"

III I

~ .

\ \,. ..... Iillll

111

~ ~)

I )i .

... dostlf\,.

.

~ , r

Ihi:-- inlonn:lli,lll

1

:-. n:q\llr,,

:d ll)}d,,'r thai

')\

.'\'111

1

n

I ailllll' it) c.h, .....

t

l

lIIa ~

pn

:

:\"l'111 Ihl:-- form

l!"tlm

h\"'II1~

PHk.'I..':,-.

't\'d :md ..

:nuld

1":~Ui1I!l

,

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"rrlt~ali\li )

hl'iny

dl'ru~d

Ilu ... f,'f111

11;1 .... h,,'l'11 apprlH"'

d h\ IIh' 11'1"I1l:-

\ "

1 :III;I!! ,,'f))\.'1J1

( "

l'lll

"'I".

---

IV.

COMPLETENESS REQUIREMENTS

The following items must be checked Yes, No or

NI

A. Each item will be reviewed by the log clerk. Blank items will result in

rejection

of the application. Please refer to the instructions for further guidance.

I.

2.

<J.

b.

3. a.

b.

4.

a.

b.

5.

a.

b.

Ii

a.

b.

V.

Have all required public notice letters been mailed in accordance with the LPC-PA

16

instructions')

Of so. provide a list of those recipients of the required public notice leiters for Illinois EPA retention.)

Such retention shall not imply any Illinois EPA review and/or con1irmation of the list.)

Is the Siting Certification

Fonll (LPC-PA8) completed and enclosed?

Is siting approval currently under litigation?

Is

a closure, and if necessary a post closure, plan covering these activities being submitted. or

has one already been approved') (Provide permit number 2000-1 55-LFM

-_._-

- ---_.)

For

wa~te

disposal sites only: Has any employee, owner. operator. onicer or director of the owner

or operator had a prior conduct certification denied. canceled or revoked')

Have you included a demonstration of how you comply or intend to comply with

35 JII. Adm. Code Part 745?

Is land ownership held in benelicial trust?

I f yes, is a beneficial trust certification form

(LPC-P A 9) completed <Jlld enclosed')

Does the application contain infonnation or proposals regarding the hydrogeology: groundI\'<Jter

monitoring,

modeling or classification; a groundwater impact assessment: or vadose zone

monitoring for which you are requesting approval?

If yes, have you submitted a third (3rd) copy of the application

(4

total) <Jnd supporting documents')

[2J

Yes 0 No 0

N/A

DYes 0 No

[2J

N /A

DYes

D

No [8J

N / A

DYes [8J No

D

N /A

[8J Yes

0

No

D

N /A

DYes [8J No 0

N/A

o '\:es [8J No

D

N/A

D'r"e

s

[2J

No 0

N /A

DYes 0 No [8J

N/A

DYes [8J No 0

N/A

SIGNATURES (Original signa tures required. Signature stamps or applications

tran~mitled

electnmicalh or by facsimile are

not acceptable.)

.1\11 applications shall be signed by the person designated below as a duly authorized representative of the owner and .

or oper<Jtor.

Corporation - By a principal executive officer of at least the level of vice-president.

Partnership or Sole Proprietor

ship - By a general partner or the proprietor. respectively.

Government - By either a principal executive oflicer or a ranking elected oHicial.

A persoll is a duly

authorized representative of the owner and operator only if:

I.

They meet the criteria above or the authorization has been granted in writing by a per:;on described abo\'(': and

2.

is submitted with this application

(a

copy of a previously submitted authorization call be used) .

I hereby atTinn that all illfonllation contained in this Application is true and <Jccurate to the best of my knowledge and belief.

I do

herein swear thaj,-.J'a-;;;'

a dulyA\lli.)1orize

representative

of owner. operator and I am authorized to sign this pennit application fonll.

,/

.

. '

Owner Signature:

!(U-",-·~~~~¥-*/

--= ,-, ,- (,

-= ~.-'

___ _

Owner FEIN or

S~.

Number:

-,-,3"-,~",,·_·

--,-,"-,-

--,-,-_

·

-,(.,,,-

<·

-,

·

(

.....

.

....!o

' c....:

'

_..L,-

__

Titk:

Operator Signature: __

____ ..

Title:

Operator FEIN or S.S. Number:

J '

) .1

/ /

A

i

/ t"

-

r r'?

"OFFICV\L SEAL"

Wm. J. Cheshareck

Date:

Date :

---

Sliaw®

6

LIST OF ELECTED OFFICIALS AND CONCERNED CITIZENS (FORM LPC-PA16)

1.

Sheldon Sobol, State's Attorney

111 East Washington Street

Morris, IL 60450

2.

Mayor Richard Kopczick

City of Morris

320 Wauponsee Street

Morris, IL 60450

3.

Congresswoman Debbie Halvorson

United States Congress

11 th Congressional District

166 N. Chicago St. , Suite 401

Joliet, IL 60432

4.

Senator Gary G. Dahl

Senate District

38

103 Fifth Street

Peru , IL 61345

5.

Representative Careen Gordon

Illinois House of Representative District 75

760 East Division

Coal City, IL 60416

6.

Francis E. Halpin, County Board Chairman

111

East Washington Street

P.O. Box 675

Morris, IL 60450

7.

Lana J. Phillips, County Clerk

111

East Washington Street

P.O. Box 675

Morris, IL 60450

1

T.IProjects120041112005

-

Morrislrenewa/VisCLPC-PA

16

(2009). wpd

Morris Community Landfill

August 2009

Electronic Filing - Received, Clerk's Office, August 31, 2009

---

I

"in(li

~

[11\

ironm ~ ntal

Prot<:ction Agency

Bureau or Land

1021 North Grand

Avenue East

Box

19276

Springljeld. IL 62794-9276

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

Date: hJl..Rust 17. 2009

To flectcd Oflicials and Concerned Citiz(,

'

ns:

The purpose of this notice i

s 10 inform you that a pennit application has been submitted to the IEPA Bureau of Land.

for a solid waste project des

cribed below. You are not obligated to respond to

thi s notice, however, if you have any

COllJments. please submit them in writing to the address below, or call the Pennit Section at 217/524-3300, within

twellly-onc

(21) days.

Illinois Environmental Protection Agency

Bureau

of Land , Penni] Section (#33)

1021 Nor! h Grand A venue East, Post Office Box 19276

Springfield, Illinois 62794-9276

The penni1 application. which i

s identified below, is for a project described at the bottom of this page.

SITE JDENTlFJCA TlON

Site Name: (omJllllnitv Landfill - Parce1..'-'/\'--_______ _

Site # (lEPA): 063060000 I

Addres

s:

150 I

A:~ hlev

Roae!

Cit\":

MOlTi~

TYPE PERMIT SUBMISSJ01\S:

New Landfill

Landfill

Expan,;i(1O

F ir,;t Significant

.Modilicalion

Significant Modification

to Oper<Jte

Other Signiiicant

1\1odilicati()n

Renewal

(If

Land I

i II

Dc\

dl

1

pmcnt

Operating

SuppkJllt

'

nwl

Tran~kr

Name Change

(i eneri c

D

D

D

D

[g]

D

D

D

D

D

D

D

DESCRIPTIO" OF PRO.JECT:

County:

-,=G,-,-ru=nd~y

_ _ ____ _

TYPE FACJLITY:

Landfill

[8J

Land T reatmenl

0

Transfer Station

0

Treatment Facility

D

Storage

0

Incinerator

0

Comp(lsting

0

Recyc lingiReciamution

0

Other

0

TYPE WASTE:

General Municipal Refuse

Hazardous

Special (Non-Hazard(lu,;)

Chemical

Only

(exec. pUlrescible)

Inen Only

(exec. chell).

&

putrescibJe)

Used

Oil

Solvents

Landscap

e-/Yard Waste

Other (Specify _

_ .

__

J

D

D

D

D

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D

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---

Illinois

Environmental

Protel:tion Agency

Francis K Halpin. Cowty Board

Chairman

_______

~

___ _

111 East Washington Street

Bureau of Land

1021 North Grand Avenue East

Box 19276

Springfield, IL 62794-9276

P_O_ Box 675 NOTICE Of- APPUCATJON f-OR PERMIT TO MANAGE WASTE (LPC-PAJ6)

Morris, Dlinois 60450

Date: August 17_ 2009 ____ .. _

.... .. _

..... _

.

__ .

. __ . _ _ ____ _

To EJected Officials and Concerned Citizens:

The purpose of this notice is to inform you that a permit application has been submitted to the IEl'A, Bureau of Land,

for a solid waste project descrihed below _ You are

not

obligated to respond to this notice, however, if you have any

comments, please submit them in writing to the address below, or call the Permit Section at

2]7/524-3300_

within

lwcnty-onc

(21)

days_

)))jnois

Environmental Protection Agency

Bureau of Land, Permit Section (#33)

J

021

NOJ1h Grand Avenue East, Post Office Box

19276

Springfield, Illinois

62794-9276

The pennit <lpplication_ which is identified below, is for a project described al the bottom of this page.

SITE JDENTJFJCATJON

Site Name:

~:omm~ml:LLand.liJJ

- Parl:el A

Address: 1.,')0 I AshJev Road

City:

~orrl~

___ _ _______

___ ___ .

_

_

_

_______ .. _

.

.

_

_

_ _ ..

______ _

TYPE P:ERMJT SUBMISSJONS:

TYPE

FACILITY:

New Landfill

0

Landfill

Landfill Explmsion

0

I and Treatment

first Significant

Modijication

0

Transfer Station

Significant Modification

to Operate

0

-J reatment Facilitv

Other Significant

Modification

~

Storage

Renewal

of Landfill

0

Incinerator

Development

0

Composting

Operating

0

Recycling/Reclamation

Supplemental

0

( )ther

T

ransJt>r

0

Name Change

0

Generic

0

DESCRIPTlON

OF

PRO.lEe.,:

Site#(lEPA): .96306000 _

9 J

County: Grund v

TYPE WASTE:

[8l

General Municipal Refust>

0

Hazardous

0

Special (Non-Hazardous)

Chemical Only

0

(exec. putrescibJe)

Jnert Only

0

(exec. chem.

&

putrescibk)

0

Used Oil

0

Solvents

0

Landscape!Yard Waste

0

Other (Speclfy ___ _ )

0

0

0

0

[8l

0

0

0

0

11

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Electronic Filing - Received, Clerk's Office, August 31, 2009

---

Illinois

[nviTonmenlal

Protection Agency

RepresentatiY.e Careen GoWan

I11inois House Of Representative

Bureau of Land

) 02) North

Granu Avenue [asl

Box 19276

Springfield, IL 62794-

<J276

District 75

NOTICE OF APPLICATION FOR PJt:RMIT TO MANAGE WASTE (LPC-J>A16)

76() East Division

Coal City, l1linois 6()416

Date:

Augu $ ~

17. 2009 ___ .

_. _.____ _ _ ___ _ . _

_

_______ ._

To Elected Officials and Concerned Citizens:

The purpose of this notice is to inform you that a pennit application has heen submitted to the lEPA, Bureau orland,

for a solid waste project described be/ow. You are not obligated to respond to this notice, however, jfyou have any

comments, please submit them in writing to the address below, or call the Permit Section at 2 J 7/524-3300. within

twenty-one

(2

J) days

llhnois Environmental Protection Agency

Bureau of Land, Permit Section (#33)

) 021 North Grand Avenue East, Post Office Box ) 9276

Springfield, JIIinois 62794-9276

The pennit application_ which is identified below , is for a project described at the bottom of this page.

SlTE JDENTlFICATlON

Site Name: Community

LandliILJ~ilrc£LL

_

_ _____ ___ .

Site

#

(lEPA): 06306 () () 0 0 J

Address:

L501

Ashley Road

City: MQ.IT!..!i",-

s _ _ _ ___ _

County:

0~

____

_ _ _ __ .

_

___

.

..

.

_

.

__ .

_

.

_

_ _ . ___ _

.

.

TYPE PERMIT SUBMlSSJONS:

New Landfi))

Landfill

Expansion

f

irsl Significanl

MoJification

Significant ModifICation

tt

)

Operate

Otllf'T SignifICanl

M

odificat ion

Renewal of Landfill

Developme nt

Operatin~

Supplemental

-

I'ran

sfer

N<lnw

Change

(jennie

o

o

o

o

~

o

o

o

o

o

o

o

m:SCRII'TIOi'> OF PROJ .

ECI:

TYPE FACILITY:

landfill

Land Treatment

Transfer Station

1 rea tment

f

aciJit y

Storage

Incinerator

Composting

Rec ycling/Rec Jamalion

Olher

lYPE WASTE:

[8J

General Municipal R efuse

D

0

Hazardous

D

0

Special (Non-Ha7.a rdous)

D

Chemic(JI Only

0

(exee . pUlrescibk)

D

Inert Only

0

(nee. chem_

&

pUlJescibk)

[8l

0

Used Oil

D

0

Solvents

0

0

Landscape/ Yard Waste

D

0

Uther (Specif

y __

. __ )

0

R

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Electronic Filing - Received, Clerk's Office, August 31, 2009

---

Senator

Gary

G. Dahl

Senate District 3

.

8

Illinois

Env;ronmenlal

Proleclion Agency

Bureau

of Land

J 02 J NOrlh Grand Avenue Easl

Box J927()

Springfield,IL 62794-9276

l03Fiffi~IS~b~~~l----

--

--------------------------

Peru Illinois 61345

,

NOTICE OF APPLICATION FOR PERMIT TO MANAGE WASTE (LPC-I)AJ6)

'

ro Elected Officials and Concerned Citizens:

The purpose of this notice is to infonn you that a pennit application has been submiucd to the IEPA, Bureau of Land,

for a solid waste project described below. You are not obligated to respond to this notice, however, if you have any

comments, please submit them in writing to the address below, or call the Permit Section at 217/524-3300, within

twenty-one

(21)

days.

Jllinois Environmental Protection Agency

Bureau of Land, Pennit Section (#33)

J 02 J North Grand Avenue East, Post Office Box 19276

Springfield, Illinois 62794-9276

The pennit application, which is identified below, is for a project described at the bol1om of this page.

SITE IDENTIFICATJON

Site Name: CommUnilY Landfill - Parcel A

Address: I 50 I Ashlev Road

TYPE PERMJT SUBMISSIONS:

New Landfill

l.andfjll Expansion

Firsl Significanl

Modific<ltion

Si~J1irJ(aJlI

Modificalion

100peraiC

Olhn Si¥nificanl

Modificalion

RCllcwa I

of

1. andfiJJ

Dl'velopmfnl

Operalinl!

SuppJemeJllal

.

r

J ansfrr

Name Change

()cnnic

o

o

o

o

~

o

o

o

o

o

o

o

DESCRwnON OF PRO,)ECT:

Site

#

(lEPA): () 6 3060000 )

County:

~jrundv

TYPE FACJLlTY:

Landfill

[gI

Land Trealmenl

0

Transfer Station

0

lrealment facililv

0

Storage

0

) ncineralor

0

Composling

0

Recycling!Rcclamatioll

0

Other

0

TYPE WASTE:

General Municipal Refuse

H

<lzardous

Special (Non-Hazilrdllus)

Chemical Only

(exec. pUlrescibJe)

Inerl Onlv

(exec. chem.

&

pUITt'"scihk)

Used Oi)

Sll}venls

Landscape/Yard WasIl"

Olher (Specifv

)

gl

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---

~

Illinois

•

Environmental

.

r

teclion

A

encv

Congressw .

bbJe Hafvorson g

.

United States Congress

11

til

Congressional DIstrict

116 N. Chicago-Sheet, Suite 401

Bureau of Land

1021 Nonh Grand Avenue East

Box 19276

Springfield,

IL

62794-9276

Joliet l11inois 60342

.

,

NOTICE OF APPLICATION FOR PERMIT TO MANAGE WASTE (LPC-I)A16)

Date~ugusLll

2009 _.

To Elected Ofijcials and Concerned Citizens:

The purpose of this notice is

to

inform you that a permit applic<ltioJ) has been submitted to the

JEPA,

Bureau orLand,

for a solid waste project described below. You

are

not obligated to respond to this notice, however, if you have any

comments, please submit them in writing to the address below. or caJl the Permit Section at 2 I 7/524-3300. within

lwenty-onc

(21)

days.

Jllinois Environmental ProteL1ion Agency

Bureau of Land, Pemrit Section (#33)

J

02

J

North Grand Avenue East. Post Office Box

J

9276

Springfield, lllinois 62794-9276

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

SITE IDENTIFJCATION

Sill': Name: COn:!D1ulli!y Landfill - Par,-"c"'c.!...I.!...A'--_____ _

Site #

(1EPA): 063060000.1. ____ . __ . __ . ____ _

Address:

150)

Ashln:l~..Q.~L.

___ ._ .. _

Citv: Morris

TYPE PERMIT SUBMJSSJONS:

New Landf)I)

Landfill

Expansion

First SigDlficant

Modification

Significant Modification

to Operate

Other Significant

Modification

Renewal of Landfill

l)e"c lopment

Operating

Supplem~ntal

'/ ranslt'r

Name Change

( ;ennie

D

D

D

D

[8J

D

D

D

D

D

D

o

J)ESCRIJ'TIO!'\ OF PRO.JEe!:

TYPE FACILITY:

Landfill

Land Treatment

lrans/er Station

Treatment Facility

Storage

Incinerator

Composting

RecycJ ing! Rec lamat ion

Other

County: Grundv

TYPE WASTE:

[gJ

Genera) Municipal Refuse

D

D

Hazardous

D

D

Special (Non-Hazardous)

D

Chemical Only

D

(excc. putrescible)

D

Ine11

Only

D

(exec. chern.

&

plltrescible)

r81

D

Used Oil

D

D

Solvents

D

D

Landscape!Yard Waste

D

D

Other (Specify _. ___ )

D

Rc

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Electronic Filing - Received, Clerk's Office, August 31, 2009

---

~

IlhnOJ~

•

Fm Ironmen1al

Prolection Agency

Lana J. Philhps. COlmty Clerk

11 1 East Washington Street

P.O.

Box 6£../7'-"5'----__ _

Morris, Illinois 60450

Bureau of Land

1021 North Grand Avenue [as1

Box 19276

Springfield,

IL 62794-9276

NOnCE OF APPLlCATJON FOR PERMIT TO MANAGE WASTE (LPC-]);\J6)

Date: !>ugus.!.Jl.2009 __ .

... _ .

To Elected On"icials and Concerned Citizens:

The purpose

ojthis notice is to infonn you that a pennit application has been submitted to the lEPA, Bureau of Land,

for ;1 solid waste project described be1ow. You are not ob1igated to respond to this notice, however, if you have any

comments, please submit them

in writing to the address below, or call the Permit Section at 217/524-3300, within

twenty-one

(21)

days.

lJIinois Environmental Protection Agency

Bureau

of Land, Permit Section

(#33)

102 J North Grand A venue East, Post Office Box) 9276

Springfield, ]))inois 62794-9276

The pcnni1 application. which is identified below , is for a project described at the bollom of this page .

SITE fl)ENT1FJCATJON

Sile Name

L~mml!nitv

J.amlflJ.LY.1![cel A

Address: J

.

iQ I Ashkv Road

Site

# (lEPA): Q..Q..1Q£d!...QJLQJ. _. __ .

______ . .

_

_ _ _

TYPE PERMIT SlJBMISSIONS:

NeVI landfill

Landfill

[Xp;JI)~I()J)

I

Irq

Si!!nificanl

ModIfication

SignifICant Modijicatil1J)

l() Opnatl'

Other SigniflCallt

Modilicatiol1

Refll'\\.al of Landfill

I kvt'lopmt'nt

Opt"raIJJl~

Suppit'mentJI

T

ranslt:r

Name ( '

hang\,

Cl'nnK

o

o

o

o

~

o

o

o

o

o

o

o

J>FSCRJ/'TJO!'\ 0"'-

I'RO,lECJ:

County: Grundy

TYPE FAClLlTY:

l.andfill

[8]

Land Treatmenl

D

Transfer

Station

D

Treatment facility

D

Storage

0

IncineralOr

0

Composting

0

Recycling/Reclamation

0

Other

0

TYPE WASTE:

General Municipal Rduse

Hazardous

Special (Non-Hazardous)

Chemical Only

(exec. putresc

j

bk)

Inert Only

(exec chern.

8:.

putrl'scibk)

Used Oil

Solvents

LandscapriYard W

(iSIC"

Other (Specify _

_

_ .. )

o

D

D

o

~

D

D

o

o

1('\ I

~l:d (I(!~IIT\'

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Electronic Filing - Received, Clerk's Office, August 31, 2009

---

~

Illjnoj~

•

Envlf(lIlmental

Proleoion

Agency

Mayor Richar

opczick

City

ofMo~

_____ _

320 Waup<msee Street

Morris, TIlinois 60450

Bureau of umd

1021

Nonh Grand Avenue Easl

Box 19276

Springfield, IL 62794-9276

NOTICE OF APPLICATION VOR PERM]T TO MANAGE WAST}: (LPC-PA16)

Date: A\jgustJL 2009 _____ _

To EJected Officials and Concerned Citizens:

The purpose or this notice IS tu in/ann you that a permit application has been submitted 10 the lEPA, Bureau of Land,

for a solid waste project descri bed below _ You are nol obligated to respond to this notice, however, if you have any

comments, please submit thcm in writing to the address below, or call the Pennit Section at 217/524-3300. within

twenty-one

(21 )

days,

J1Jinois EnviTOnmental Protection Agency

Bureau of Land, Permit Section (#33)

102 I

NOJ1h Grand A venue East, Post Office Box 19276

Springfield. J/Jinois 62794-9276

The pennit application. which is identified helow. is for a project described at the bottom of this page,

SlTE IDENTIHCATION

Site Name:

<;:oJnmuI!itvJ,andJiIL--'~arccJ

~

_____________ _

Site # (lEPA): 063060000 I

Address: 150 L'\shle..}:-.R<.!ad _ __ ______________ , __________

~

__

City:

MQTTi~_____________

_______

_

______ . ____ _ _ _

County: Grundy

TYPE PERMJT SUBMISSJOI\S:

TYPE FACILITY:

TYPE WASTE:

New Landfill

0

L;JndJill

~

General Municipal Refuse

Landfill

IXpaJl~jlln

0

Land T re;Jtment

0

Hazardous

First Significanl

Modificalion

0

'I ransfer Station

0

Special (Non-Hazardous)

Si~nificaJl1

ModificalJoll

Chemica] Only

to OperaI('

0

Treatment FaciJjlv

0

(exec. putrescible)

Other

Sigmfic;JJ)1

lnen Only

ModifiGllioJ)

[gI

Storage

0

(exec. chem_

&

pUlrcscible)

Kenew;J]

of

Landfill

0

]ncmerator

0

Used Oil

Dcvei()pmcJl1

0

Composting

0

Solvents

Opnatmg

0

Recvcling!Reclamation

0

Landscape/Y ard Wasl(>

Suppkmcnlal

0

Other

0

Other (Specify _______ J

lranskr

0

Name

Chan~e

D

Geneflr

0

])ES(){IPTIOf'i OF PRO.lEU:

gn~Ji,t'd

~'losllr('_aDd

X~~!~_(---'()~lIrt:

(alS ttl,,1

D1LITI(II~~

!DOYlon:i~Js~!!!!numtvL'iT!dfilJ

::.l'Ef.£dA

__

D

D

0

0

r8l

D

D

D

0

II

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I

I"

,Iii' I;.

1,1."

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I

Electronic Filing - Received, Clerk's Office, August 31, 2009

---

lilinoi"

Eovironmental

Protectioll Agency

Sheldon Sobol, State's Attorney

111 East Washington Street

Morris, lllinois 60450

Bureau of Land

1021 NOTlh Grand Avenue East

Box

19276

SpringfIeld,

IL

62794-9276

NOTICE OF APPLlCATJON fOR PERMIT TO MANAGE WASTE (LPC-PA16)

Date: August 17. 2009 _

_ _ _ . __ . _______ _

To Elected Officials and Conc erned Citizens:

The purpose

of

thi s notice is to infonn

you

that a permit application has been

~;

ubmitted

to the IEPA, Bureau of Land,

for a solid waste project described below . You are not obligated to respond to thi s notice, however, if you have any

comments, please submit them in wrillllg

10

the address below. or call the Pemlit Section at 2

17/524-3300,

within

twenly-one (21) days.

Illinois Environmental Protection Agency

Bureau of Land, Permit Section (#33)

102 I North Grand Avenue East, Post Office Box 19276

Springfield, Illinois ' 62794-9276

The permit application. which is identified below . is for a

pf(~iect

described at the bOil om of this page.

SITE IDENTIFICATJON

Site Name: Communitv Landfill...:..

Par~!::LA

_

___ . ______ _

Address: 1501 Ashlev Road

City: Morr

. .!...!.!.is'--_____

.

.

_._.

___ ..

.

.

_____ .

TYPE PERMlT

SUBMJSSJONS:

New Landfill

l..andJill Expansion

Firsl SignifIcant

Modification

Signilicant ModificatiolJ

to Operate

Other Significant

Modification

Renewal

of LmdjjlJ

Development

Oper;lIing

Supplemental

Transfer

Name Change

GeneTIc

D

D

o

D

o

D

D

D

D

D

D

o

J>ESCRJJ'Tl()i\ OF PROJECT:

TYPE

FACILITY:

Landlill

Land Trealment

'

r

ran ~ fer

Statil>n

'

T

rcatmcnt

r

<lci lit v

~ torage

InCInerator

(ompostmg

Rl'cyclingiReclamation

Other

Site # (lEPA):

063060000J

County:

Grundv

TYPE

WASTE:

0

General Municipal Refuse

D

Haz.ardous

D

Special (Non-Hazardous)

ChemIcal Only

D

(exec. pUlTescibk)

inert Only

D

(exec. chem.

&

putrescible)

0

Used Oil

0

Solvents

D

Landscape/Yard Waste

D

Olher (Specify _

_

___ )

g ev!!' ..

(~9j : :l\) ~

1 " .T S

,mel.

!)_(.)

~ U J

Q.:' !I!~

..

( .

arc

(:()~L~'~_'lmi!!(>j~>rJv1.~~rrJ

.~

(pm

!l !.YJli_'

. yJ

~

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0

0

0

0

[;'gI

0

0

0

0

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d

Electronic Filing - Received, Clerk's Office, August 31, 2009

---

Illinois

Environmental

Prote(;lion

Agency

B

urc~

u of

L~nd

1021

North Gr<lnd Avenue East

Hox 19276

Springfield.IL 6'2794-')'276

Certification of Authenticity of Official Forms

This fonn must accompany any application submilted to the Illinois FPA Bureau of Land, Division of Land

Pollution Control, Permit Section on

forms other

th~n

the ofiicial copy printed and provided by the JIlinois EPA.

The only allowed changes to the form are in spacing, fonts. and the addition of the information provided. Any

additions mtlst be underlined .

The forms would not be considered idcntical if there is any change to, addition or

deletion

of words on the form or to the language of the form.

The samc individuals that sign the application form it ;)ccomp'.IIlies must sign the following certification.

i herehy cerlif". IInder pcnall.!" oj lal1" Ihal i hOFc persollal/I . ".

Hllllilled. and

011/

/(lIl1iliar wilh the applicalion/arm or

forms and all ineluded .wpplellll!l1/a1 inforl7lalioll .llIhlllilll!d

{()

Ihe illinois EPA herewilh. (/nd Ihol Ihe official Illinois

£m'i1"011111enlOl Pro/eelio/] Agellcy IljJplicalioll .limn orfiJlms

liS

cd herein is or lire idclllical

ill

01/

respects

10

Ihe

off;cialform or/(JI'ms !Jro\.ided hI-" Ihe JIIillois EPA Bl.Irl'all of Lllnd Permil Section. and has not or ha1"(,

1101

heen

ollered amended. or othen..isf! modified

ill (lnl.

\I.a\".

I

lurther Cl:'rlift. IIl1der jJ('//o/tr 0/ la\\. Ilia

I

allY alwched or

inclllded electrOllic dOlO version o(lhe lI{Jplicolionjim1l orlimllS cOli/plies ,,.ilh Ihe officilll il/inois EPA .s Electrunic

vc:rsiol/ Ihereo}: and is or are idellficol in oil respects

10

Ihe> oj/hied c/eclml1iCl/III downloadahle forl11 or /CJI7I1S

prOl'

ided

hI"

Ihe il/iJlois EPA BI/reau 0.( Lalld Penllil ScctiolJ. (/1/(1 has

1101

or

hUI"(' 1/01 hl'en

IIllered. olllC!l/dcd or

()lh('n~;J)1Odifi('d

~~/r

\Val".

~

I'k:;:

4 /'

I'

g~'l-/

;/.

Y, /vC

p

.

,

J

Owner Signature

vi

0IJerator Sign,lture

SlIbscri/Jer/

1I1It! .\\1"(11"11 10

Bc/ore

,\1, ..

a NOlorr PuNic

ill

II/lil/or

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(date)

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VARSHO

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)--~=~~~·--~06~2-059069

:

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---

.......... --.-

OFFICIAL lEAl

LOItItAIHE M DUNlAP

NotoJy ftublie - State of llilnob

My Commlllion Explr •• Nov

20.

2011

"OFFICIAL SEAL"

.Wm. J_ Cheshareck

/\'

:

;:!II"),

Publi(", Siale of Jllinois

Mv

r

,( ':

: ,!I)JSSlon

Exp. 11/17/2009

Electronic Filing - Received, Clerk's Office, August 31, 2009

---

ATTACHMENT 2

Stiaw~·

~

---

Closure Costs:

Leachate Management System

Final Cover Construction, Stormwater Management, and IEPA Certification

Add 3% Contingency

Subtotal:

Post Closure Costs (includes 3% contingency)

Totals:

T:IProjectsl20041 112005 - Morrislclosu,e_activitiesIParcel A_2009Jlc1.XIS

Page 1 of 8

$624,671

$1,480,856

$63,166

$2,105,526

$1,269,473

$3,374,999

Electronic Filing - Received, Clerk's Office, August 31, 2009

---

__

~--------=-----------'-

- ----

- --

- -----------

-- - t- - - -------

backfilling gravel into leachate collection envelope

geotextile fabric (2' W x 4 sides x 2,625'

L)

6" dia.

HDPE

perforated pipe (lateral piping)

welding of

6" dia

HDPE

pipe (butt fusion joints)

36" dia. manholes

wI

36" sumps

installation of manholes in 1 0' sections,and concrete base for ea. manhole

submersible pumps

@

8.8 gpm each (for 3 manholes)

backhoe excav

I

load trks. with earthen material [(10' W x 2' D

X

2,625' L) - 389]

~--T----~----

-- --~

haul borrow material w/dump trucks (earthen material)

backfill w/dozer (earthen material)

fine grading (earthen material)

----

- ----

- -------

-

----

geotextile fabric (-2.83' W x 2,625' L) (earthen material)

I----------

Leach

- --- ___

==

=:='::'::::'=:====-~~===::::::,,~===::::::::::::::==_

________

L---_________

____ _____ _

drainage layer /sand (12" D x 50' W X 2,625' L )

;

sand FM-02, Bluff

hauling sand from source to If site

sand FM-02, Bluff

backfill w/dozer leachate drainage layer

-

---

-1- - ------- ----

--

--

.__-

- ---

-----

-- - ---

--

-----

--

- -

--

----------------

-

- - - ------

- t-------

-~

-------___1

Perimeter Berm:

excavate w/backhoe, borrow material

hauling, borrow material

backfill w/dozer

compaction w/sheepsfoot perimeter berm

Lateral Leachate Collection Trench:

excavate trench (2' W x 20' D x 1,100'

L)

lar layer (sand)

T:\Projects\2004\ 112005 - Morris\closure activities\Parcel A 2009 oct. xis

hydraulic backhoe, crawler

15% to

60 cy rear / bottom d

6" lifts,

common earth, 14' to 20'

sand FM-02, Bluff

Paqe

---

ptions

I

2009 Means Cost Code!

Unit

Unit Cost

I

Qty.

Total Cost

~,

,

&

Storage Systems - Parcel A

- '

----

--.

-

-

----

-

- .. -

- -

.. ---

-

r--' .

- ----.

---

-

. -

- - - - -

--T

.-

.

- .-

..

-

.--,---

-- -- .

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-

-1-- .. .

.

.

--.

.

----.. - --

: .

.

- -- -

.

- .

-

.

----.---

.

~

als (~ _

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L.

__ ..

__ _

.

~_ .

_

_

_ _ .

___ __ __ _

.

_ ____ ,

__ _

~:y

:.. _

_

_

+-.. _____ .

-

.

.

- ~~!C24

- --

___

_

~88 . ~~ -

_

_

___

$?.,2g?

(Bartlett, Illinois)

i

- -

I

c.y.

:

$20.80 1

388.89 ;

$8,089

f----.

-.----

.

--- - - .. ---.. - .

--1 --.

.. ---.-

--- - - . ... - - . - ..

+ -

-.-- ---.. .

- ~ ----

.. -

-

-

.

.. .... --.' - .... -

-. --.-- .

.. - . .

.

- ..

--t-.-

--...

. --

100' haul, front end loader, wheel ;

!;

,

~Ch, P~;;'~;~~ =

-

l ~;~:-::

~ ~ ~~~~

=

, t-~~ c } =~

-

~_ '~,i~

=

' -

2,;;::: ~

=~ ' ~J~;i

pupply(APP&S),SDR17

:

I

!.t.

!

$3.49 j

2,625.

00 1

$9,162

L-----.- ..

--.. --.. . -.-. - -

.. . --- ---

- .

-j - .- .. ----- . - ------ -j-. --.. . - - ---

. - .. -'------ - -.-.

- - - --- --..

,.

- . ..

- .

. .. ---

.. .

..

.

-r - -. .... -

- .. .

- .--

. +

$600 day technician

:

- -

;

day

I

$700.00 I

3 1

$2,1 00

~

... ---.- --

.-.

...... ---+----

- ---

- -

..

1

-

.. -

- --

.

-: --

.

--.

-

. - +

--.

--- .

...

---.... .

-1""--.. - - -- -. -.--

--

(Wisconsin)

!

- -

I

each 1

$5,436.00 [

3 :

$16,308

- .--

-----.- .-- - .-. -

-.-

- ----'-.

--.-

- -

- · ··- -

- -

r- --

-~

- · --

·· -·- -

--· · ~'

- -- - .. ..... - --- .....

-: .. _ - -.-- .. --..

.. -

Illinois office costs

1

- -

:

each

I

$3,

500.00 :

3 :

$10,500

--

- --

-

-

-

-

-.----

- +

--

-

i

. -----l-_n ________

--+--_ .. -

.

---- - ..

-t---.---

- -.-.. -

--

.

.

.

~c.

(Schaumburg); Grundfos SO :

;

i

I

:

14' NPT discharge port, PE/SS

i

.

I

~'~

motor. Type

10S007

~=~~ j

___ ___ _ ...

_. _ _

_i

each

-t------

$770.7Q.

L _______ _

~J

_

_

._

.

... __ _

~?..:~~

., 260 cy

I

hr ; borrow volume = i

!

I

i

eofgravel envelope (389cy)

:

312316420300

c.y.

,

$1.45 :

1,555.441

$2,256

1-

.

--

.

----'---

'

- ~

· ---~----

--

i- - - ----

1

/2-mileRT,3.4 loads/hr

!

312323208160

c.y.

$1.85 1 _

_ _

_ 1,555.44 1

____ $2,878

..

~

,

~terial , nocompaction

!

312323170200

c.y.

$1.73 :

1,555.44 1

_

$2,

_

~

i

~

.

.

---..

'-""- " .

_

_

...

_

.

.

_

. ..

_ - ---

.- -..

..

- .

-

.

-._--

- _

.

...

_- --._----

_ .

_-_. __ ._

...

..

...

-

common

earth~260-;y7hr~

~

d--'-

--

.

--

.

- .

.--

- ... -

-

. --, .. ---. - .- .--.- ....

-

.

--- --

- -

-

.

...

-

dump

-

trucks

. -.-.. - - -

312316420300

;

c.y.

.

$1.66

19,444.4{

$32,200

---- -

.--

r--...

-------- -.

--

- ..

- .. -+---.--

----,---.- ._

-- .---------t-----.---- - - .. --

.

'.

-,. - . . ... - ----- - .

-- . -

1/2-mileRT,3.4loads/hr

i

312323208160

!

c.y.

;

$1.85 !

19,444.44 ;

$35,973

--

-

-.-

- . -- -- . -----

- . -----

- - .~ -

--

. -

- -

- ---.

. .

- - - ~--.-

..

--

.. ...

_

.

.

__

..

__

. . .

_-_._-

-- ~ ---

----

--

. ..

--

--

•

J

I i: !

atenal, no compaction

.

312323170200

i

c.y.

I

$1.73 .

19,444.44 ,

$33,639

--

- .. ---.-- -----

- .

.

-

- -

--.--.. --

.

- - ---..

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~'- - -----"l

- -

--

--

-.--!.-

..

~-

--

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-;-

-

.

.. -

-----.

. - ---

312323235620

i

c.

y..

$1.03 '

19,

----

.

444.44 '

$20,028

.

.

--------_

.

_

--

.... "'

- . _.

__

.

- -

---.--.~-

- .---

-

--

'"

-~--

..

-.-

..

-

.

•. -_ .

_ .

-_.

_-----

-

--_

..

--

passes

Subtotal:

$121,840

_.

__

..

.

_------

- -_.

-_.

-

---

. , --- - ---

. -~

..

---

--

,

-

-

,

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----

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-

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....

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..

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- - - ---.-- .

. .

--.. - -.. - .--.-- .- .

--

ep, 1 cy hydraulic backhoe

412316131300

.

c.y.

$4.73

1,629.63

$7,709

-

- ---_

..

_

_

.

_

.. _._ ..

__

.

__

.

_._

.. __

..

_

.. _--- -._

..

----

.

.

_

.. .

.

__ .. -

..

--_ .

_--_. _

. .

_

.

-_

...

_-

Materials (Bartlett, IL)

c.

y.

$11.20

1,467.00

$16,431

.

.. ---

_

..

_

-

.

.

-

. _

- _ .,._----

--,

-

-- .. --

2

of

Q

Electronic Filing - Received, Clerk's Office, August 31, 2009

---

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Leachate

.

Collection, Extracti

1

hauling sand from source to If site

I

sand FM-02, Bluff Ci

~. --

----

'

--

'

- --

--

---

--

- --

----

----

--+-

1 - .

- - - .. --------

- gravel envelope (2' W x 2' D x 1,100' L)

stone 3/4" , Bluff City

---

- ----

- - - -. - - . ----~

.

--_

..

_---_.

_----_.

- hauling gravel from source to site

Bluff City Materi

------- - - - ---.-

....

-----.-

.

..

-~

... _ .-

trench backfill, 2-1/4 C.Y. bucke

- backfill

tr~nch

wiFE Loader (granular layer - sand)

~

ml

---

---

~--

---~-----

----

--

----

--

--

--

--

I

' trench backfill, 2-1/4 C.Y. buckE

- backfill trench wiFE Loader (gravel envelope)

.J.

m'

------

-,

- 6" dia. HDPE perforated pipe (1,000' lateral piping)

I

APP&:

- geotextile fabric (2' W x 4 sides x 1,100' L)

-

I

geotextile f;bric, laic

----

-

.

--.

-t-.--

- --- .--

------

- 8" dia. HOPE vertical riser

I

cleanout pipes (one at each end of trench, 26' each)

i

-

weldi~g

of 6" , 8" dia HDPE pipe (butt fusion jOints)

I

APP&:

APP&S, $100/day eq

_ .

'

I Illinois Processing Equipment,

- submersible pumps

@

10 gpm each

!

#

10:

-----

- - -

---------------

t----

---.. -

--

-=C=0:::n:::=::v:::::e=y=an=c=:e~P~ip=in=q~B~et::::w=e=e=n::::L:::::1~1=7::::&:=:L:::::12~0=:

__ _

~-

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---_.

.

_---

--

-

i

- 2" dia. solid HOPE conveyance pipe (1,310' L)

~---

--

-------------

- we,19ing of 2" dia HDPE pipe (butt fusion joints)

- trenching of conveyance line (1,310'

Lx 3' 2" 0)

----------------

.-

.. --------

I

APP&

I

APP&S, $50/day eql

I

I

trenching 1-4' deep with

~

-

I

. ---- ---

1

fill, spread dumped

._--_.-

._.-

- backfill conveyance line trench (1,310' Lx 3' 2" 0)

f---------.

- -.

. -

-'-

---------.-----------,---

-

---

.----_._-_._-----_

._

-

--

------

.

.

----------------

---

.--

---

- .

Vertical Leachate Extraction Wells L 117 & L 118:

+-

r--------.. -

.------

---

--

-4

- --------------.-

! APP&S; SDR 17; assume 10' I

- 12" dia. solid HOPE pipe (2 extraction wells

@

69' + 78' deep,

w/1

0' perforated)

:

total pipe

lengt~

-

- - -_

.

_

- -_

._--_._-----_.

-

- ----

-

--

-------

--

- - , --- - -

_

...

_- ----------- -

~2" di~.~

..

pe~~~~e,? ~OPi..£i.P_~~_wells

wl2..~' _

perforated sections ea.ch = 20')_

.. .. _ __

~--

-----

- --

...

--..!:P~I

--

- welding of 12" dia HOPE pipe (butt fusion joints)

i

APP&S, $225/day e<

--

---------

.

" _'

.

.. ._ .... . . _ .... _ . __ ...

___ ..... ...l... _ ___ . _ .. . _ .. ____ • __ _

! Illinois Processing Equipment,

- submersible pumps

@

10 gpm each

i

# 1C

f--- . --.-.----- .. - --- .. - --.--

.

- - ----. - .-

.. --

- ---

--

---.- .

--

---- ... - - -.--.--- -----

'

-1 -- -

... -.----

.

-

-

.

_-- -

----

.. ---.-

- drilling

I

installation of extraction wells

I Subsurface investigation, bo

I and crew with truck mounted (

I

added 65% to unit cost to a

the setup time, required he,

time to drill through the w

drilling time and reI

..

_-d-r-.~-lin

- -

g

- I--w -e

- II - in

-

s-t-a-II

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at-io-n--m-a-t-e-ria-I-s

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-

--

.

--

-

------t

i

-

_

--

_

-

_

-

_c=os=t=e=st=im=a=t=e

~f~r=om=~c' -

~

mobilization

I

demobilization of drilling equipment (extraction wells)

I

cost estimate from CD(

I

I

--

-.---

--

--

----

- -.---------------

---.-----

- - - -t--.- - ----

---

________

-=L=e=a=c;,;.:h:::;a,:::te==s=to~ra~g~e~A~S~T",.!&~C~o~n~v~e~y:gagnc~e~L~in~e~~~

_ gnd~e~r~A~s~h~e~lygR~o~a~d~~

_

___ ____

.

......11 _

_

.

_ _ . ______ .

______ _

T:\Proif!c:ts\?004\ 11 ?OO!; - Morris\r.losllrp.

!'Ir.tjvjtjps\P"'r~pl

A ?nnQ nf't vic:

Pag

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Old

)R 17)

33 11 1335 0200

1

$3.49

1,100.00

$3,773

--~

-

..

--- ---

I

ench, polypropylene

!

33 46 26 1 0 01 00

)R 17)

~

$600 day technician

:

Schaumburg), Grundfos Model

7-240

I

)R 11)

!

$600 day technician

y. tractor locader/backhoe

1

~rial,

no compaction

I

---

-

'ated screen on each, therefore !

" +78' -

20' =127'

- -

--

31 22 16 13 0050

31 2323170200

. - --~-

.

-

-

I.f.

day

C.y.

C.y.

!

I.f.

----

--. ~-

-

. ---+--------

-

-

----+------

,

DR17

- -

I.f.

I

$1.85

978.00

$1,810

$4.49

52.00 !

$234

I

$700.00

2 ..

$1, WO

I

$0.56

1,310.00

i

$734

$650.00

1

1.5 ;

$975

I

$7.50

153.64 1

$1,153

$1.73

153.64

$266

i

Subtotal~

.

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$10 .18 i

127

-r----

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$11.50'

20:

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$825.00 1

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--.

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---+------- ---

- - ---i

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--

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day

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--~-----

- ---- ---

+ --

- ---_._---_ .. .. --... - .-- .- ---... --- ,

---- ---_

.....

_ --- +_ .. -_._

-- -

Ind exploratory drilling, drill rig i

includes bit, layout and set up; I

nt for environmental drilling,

, safety (SOP), and additional

1

filii; assumed 100 ft.per day

rig time to install well

i

::Ifill closure project, 2009

I

I

1

02 32 13 10 1400

day

:

I.s.

::Ifill

_

closure

_____

project,

. _ _ .

2009

_____

---'--

1 ______________

1

I.s.

$778.00 j

- .--

-

-T-----

-

i

1

,

I

$3,671.25j

i

!

!

;

$350.00

1

$600.001

0.5

1

2 ;

-----_. - .. _

-- +

i

2.5:

'Subtotah .

.

-. i.

-

-

J

$1,556

$9,179

$350

$600

- - ---

--_.

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- - ---

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---

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-

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of Q

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-' Leachate

Coli~ction,Extrac

:

I,

- leachate storage tank (50,000 gallon tank)\

T

cost estimate from

CDC

-----

- ---

-----t------.-- - ---

-

--

- lift station

i

cost estimate from

CDC

--.--.- -------

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~~~ closu~~oject,

200-=---_+

jfill

closure project,

2_00_9 ___

-+

1

_

___

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each

!

$100,000.00

1 !

$100,000

each

~

$75,000.00

~

'-$-75~-00-O

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-

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UNIT

, 2009M

EANS ','

'

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"

WORK

ACTIVITY

UNITS

COSTS

,COST CODE

General

Costs

Mob/Demob

lump sum

$15,000

Shaw Estimate

1

Remove Protective Covers

Excavate w/scraper

c,y.

$4.73

31231 6502500

Replace Previously Removed Protective Cover

Place Cover Soil with Scraper

c.y.

$4.73

31231 6502500

Supplement Protective Cover with Material from Nearby Sources

2

,5

$2.30

31231 642 0300

Borrow, excavate w/backhoe

c.

y.

.

'

. ....

. .... , .

. ... .

. "

... ..

.. .. .. . " .

.. ... .

...

60%

31231 6424100

Borrow, hauling

c.y.

$3.56

312323201018

Backfill w/dozer

c.

y.

$2.43

312323142240

Fine Grading

s.y.

$0.68

312216100100

Vegetation

Seed and Mulch

1k-s.f.

$51.50

32921 9144600

,',

~ :

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.

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.

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.;.

.,', :

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.

'

Notes:

1, "Shaw Estimate" taken from Congress Development Company Landfill 2009 project costs.

2, "Nearby Sources" assumes soils will be obtained from adjacent property(s),

MORRIS CON

COST .

ESTIMATE FOI

DESCRIPTJONOF

UNIT

CO~

NA

Excavation, bulk, scrapers, ban

haul,

21 C.Y. bucket, self prope

dozer

Excavation, bulk, scrapers, ban

haul, 21 C.Y. bucket, self prope

dozer

Excavating, bulk bank measure

C.Y.lhour, backhoe, hydraulic, (

truck loading

... .... .

.. , ....... .....

. .. ..

-

.. ... ,. .

Excavating, bulk bank measure

add

Cycle hauling(wait, load,travel,

I

time per cycle, excavated or bo

min load/wait/unload,

12 CY tru

no loading equipment

Backfill, structural, clay, 80 H.P

Fine grading, for roadway,

basE

area, 6,000 S.Y. or more

Seeding athletic fields, seeding

fertilizer, 6

lb. per M.S.F., hydrc

, .

"

".

..

3, Area requiring final cover was obtained from "Landfill Cover Characterization and Verification 01 Thickness Report" dated November 2007 , .

4, Thickness of final cover material was obtained from "Landfill Cover Characterization and Verification of Thickness Report" dated November

5, Assume 3-feet

01 protective soil cover and 3-feet of compacted clay layer

---

IITY-

.

LANDFILL '

.... .

.

.... '

~CELA'FINALCOVER

- '

..

'

." "

.

~

. '

. . ! .

'

- .

. .•

; \ .

~sure,

clay, 1500'

crapers,

1/4

push

~sure,

clay, 1500'

crapers,

114

push

Y. capacity

= 160

!r mounted, excluding

. . , ... .

.....

.... .... ... ....,

leavy soil or stiff clay,

j or dump & return)

loose cubic yards, 15

Icle 2 miles, 15

MPH,

!r, 150' haul

veling course, large

! mix with mulch

and

r seeding

. .

~ .

'. .

25 .

00

25 .

00

25.00

25.00

25.00

25.00

25.

00

1

,

089,000

1,089,000

1,089,

000

1,

089,000

1,089,

000

1,089,000

1,089,000

'tt

' "

1.485

1

,

617,165

59,895

1.485

1,617,165

59,895

$140,542

1.515

1,649,

835

61,105

61,105

$84,325

1.515

1,649,

835

61 ,

105

61 ,105

$217,

534

1.

515

1,649,

835

61,105

61 ,105

$148,485

NA

NA

NA

121,000

$82,280

NA

NA

NA

:

ual waste disposal footprint is 20.18 acres ; however 25 acres was assumed to account for perimeter grading !tie-in .

6

,

".

Z'\

~fj'

ShAw

Envimnmenta1.

Inc.

Electronic Filing - Received, Clerk's Office, August 31, 2009

---

Earthwork req'd for Stormwater Features

Lump

Sum

Final Cover Certification

Source:

CDC Landfill 2009 Costs

T:lProJeclsl200411 12005 . Morrislclosure_aclivitieslParcel A_2009_pct.xls

Lump

Sum

Page

6

of 8

$85,000

$85,000

$85,000

$85,000

TOTAL:

$170,000

Electronic Filing - Received, Clerk's Office, August 31, 2009

---

Inspection

Year

1-5

Year 6-30

Cover Maintenance

Year

1-5

(0.5 %)

Year 6-30 (0.2%)

Vegetation Maintenance

Year

1-5

(1.0 %)

Year 6-30 (0.5%)

Mowing

Miscellaneous Maintenance

Subtotal for Inspections and

Maintenance

Groundwater Monitoring

Year

1-30 Collection and Reporting

Year

1-30 Lab Testing

(Quarterly Analytical)

Year

1-30 Lab Testing

(Annual Analyt

ical)

Groundwater Monitoring Wells

Abandonment

Piezometer Water Level

Measurements

(7 Piezometers

I

Quaterly)

Piezometer Abandonment

Subtotal for Groundwater Monitoring

Leachate Testing

Year

1-30 Collection

&

Reporting

(1 st Otr.)

#

of wells

10

10

10

4

1

605

242

0.250

0.125

25

1

4

4

4

3

inspection

inspection

cy

cy

acres

acres

acres

lump-sum

events

events

events

lump-sum

events

lump-sum

sampling

locations

n ___ """7

_z, n

$240.00

$960.

00

5

$4,800

$240.00

$240.00

25

$6,000

$2.

96

$1,790.80

5

$8,954

$2.96

$716.

32

25

$17,908

$1,176.12

$294.

03

5

$1,470

$1,176.12

$147.02

25

$3,675

$30.

00

$750.

00

30

$22,500

$1,000.00

$1 ,

000.00

30

$30,000

$95,

308

price per well

$80

$3,

200.

00

30

$96,000

$180

$7,

200.00

30

$216,000

$1 ,

313

$13,130.

00

30

$393,900

$15,000

$15,

000

$100

$400.

00

30

$12,000

$1,200

$1,200

$734,100

$60

$180.00

30

$5,400

Electronic Filing - Received, Clerk's Office, August 31, 2009

---

~.

.'

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'

. .

. .

.

Morris ;

Commun-ity'l.ancffill-.

ParceIA" .

... ..•. ,' '

.

..

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•

•

• ..•. '

.' . '

-

--;-<. ',--" , ..

:·:·,f ? ,· <

:~" ,: ::

-' ;·~i

; · ··

: ·

:

, ~;:~

j

;7~

"' ·

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\' ~

-

....

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. .. '

,

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~

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.

'

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..

.

. '

.

..

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.

!:

f

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.

' .

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RevisedCOst'EstimatesJorPost~ClosureCare

,"

I

•

• '

. .

. '

'-

~

. >" .. . '

.

. . .

. '.

, '

... ',

..

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-

-' .

' ~ ' -!":""

.

' . ,~

. '

.

. '. "

':

.

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.

.

Year 1

-

30 Collection & Reporting

2

sampling

$60

$120.

00

30

$3,600

(2nd Otr.)

locations

Year 1-30 Collection

& Reporting

4

sampling

$60

$240.

00

30

$7,200

(3rd Otr.

)

locations

Year 1-30 Collection

& Reporting

3

sampling

$60

$180.00

30

$5,400

(4th Qtr.

)

locations

Year 1-30 Lab Testing

2

events

$1 ,

920.00

$3,

840.00

30

$115,

200

(IEPA

List L

1, Semi-annual)

Year 1-30 Lab Testing

0.

5

event

$5,550.

00

$2,775.00

30

$83,250

(IEPA List

L2, every two years)

Year 1-30 Lab Testing

0.5

event

$4,

980.00

$2,490.

00

30

$74,

700

(IEPA

List L3, every two years)

Leachate Treatment

727,648

gallons

$0.00082

$596.67

30

$17,900

Leachate Operation

& Maintenance

1

lump-sum

$1,068.00

$1,068.00

30

$32,040

Leachate Management System

1

lump-sum

$5,000

--

--

$5,000

Abandonment

Subtotal for Leachate Management

$349,690

and Monitoring Operations

Landfill Gas Monitoring

(13 probes)

Year 1

-5 ( Monthly)

12

events

$240

$2,880.

00

5

$14,400

Year 6-30 (Ouarterly)

4

events

$240

$960.00

25

$24,000

Landfill Gas Management System

1

lump-sum

$10,

000

-

-

--

$10,

000

Abandonment

Landfill Gas Probes Abandonment

1

lump-sum

$5,000

--

--

$5,000

Subtotal for Landfill Gas Management

$53,400

and Monitoring Operations

Subtotal for Parcel A

$1,232,498

Adminislration & Contingencies (3%)

$36,

975

Total for Parcel A

$1,269,473

n .................... a

.......

l

0

Electronic Filing - Received, Clerk's Office, August 31, 2009

---

HINSHAW

& CULBERTSON LLP

August 17, 2009

Mr. Stephen F. Nightingale" P.E.

Pennit Section Manager

!EPA-Bureau

of Land

1021 North Grand Avenue East

Springfield,

IL 62794-9276

Re:

Morris Community Landfil1 - Parcel A

Permit No. 2000-155-LFM

Dear Mr. Nightingale,:

ATTORNEYS AT LAW

100 Park Avenue

P

.

O. Box 1389

Rockford,

IL 61105-1389

815-490-4900

815-490-4901 (fax)

www.hinshawlaw.com

The enclosed submission, prepared by Shaw Environmental, represents a contemporaneous

estimate

of Site closure/post closure costs that accurately reflects current Site conditions. This

submission is not intended

to be, and should not be construed as, an admission by conduct that

the City believes itself

to be responsible for any closure/post closure activities at the Site, and, in

point

of fact, the City expressly denies the same. Submission of this application is without

prejudice

to any of the City's legal positions, and the City reserves its right to litigate all legal

issues, including those currently subject

of litigation before the PCB and in court.

Although Community Landfill Company ("CLC") was asked to sign the enclosed submission, it

has asserted that it will be unable

to do so until it has had time to adequately review the

document.

In

the interest of providing a timely updated estimate, the City therefore provides the

enclosed submission which does not bear the signature

of the landfill operator, CLC. The City

presumes, but cannot guarantee, that CLC intends to submit its response

to the enclosed

estimates at a later date.

Sincerely,

"..,.... ...

HINSHAW"

,&CULBER

/.-

/"'~

'

chelsten@hinshawlaw.

com

CFH:jl

70610863vl 806289 52944

Arizona California Florida Illinois Indiana Massachusetts Minnesota Missouri New York Oregon Rhode Island Wisconsin

---

HINSHAW

& CULBERTSON LLP

August 17, 2009

Mr. Stephen

F. Nightingale" P .E.

Permit Section Manager

IEPA-Bureau

of Land

1021 North Grand Avenue East

Springfield, IL 62794-9276

Re:

Moms Community Landfill - Parcel B

Permit No. 2000-156-LFM

Dear

Mr. Nightingale,:

AUG 18 2009

AITORNEYS AT LAW

100 Park Avenue

P.O. Box 1389

Rockford, IL 61105-1389

815-490-4900

815-490-4901 (fax)

www.hinshawlaw.

com

The enclosed submission, prepared by Shaw Environmental, represents a contemporaneous

estimate

of Site closure/post closure costs that accurately reflects current Site conditions. This

submission is not intended to be, and should not be construed as, an admission by conduct that

the City believes itself

to be responsible for any closure/post c10sure activities at the Site, and, in

point

of fact, the City expressly denies the same. Submission of this application is without

prejudice to any

of the City's legal positions, and the City reserves its right to litigate all legal

issues, including those currently subject oflitigation before the PCB and in court.

Although Community Landfil1 Company ("CLC") was asked to sign the enclosed submission, it

has asserted that it will be unable to do so until it has had time to adequately review the

document.

In

the interest of providing a timely updated estimate, the City therefore provides the

enclosed submission which does not bear the signature

of the landfiI1 operator, CLC. The City

presumes, but cannot guarantee, that CLC intends to submit its response to the enclosed

estimates

at a later date.

Sincerely,

CFH:jl

706)0866vl 806289 5

2944

Arizona California Florida Illinois Indiana Massachusetts Minnesota

Mi~souri

New York Oregon Rhode Island Wisconsin

---

ShQ,"

Shaw Environmental, Inc.

August 17,2009

Stephen F. Nightingale, P.E.

Permit Section Manager

Illinois Environmental Protection Agency

Bureau

of Land

1021 North Grand Avenue East

Springfield, Illinois 62794-9276

Re:

Site

tD

No. 0630600001

Morris Community Landfill - Parcel B (Permit

No. 200-156-LFM)

Dear Mr. Nightingale:

A World of

Solutions'

.

Shaw Environmental (Shaw) is submitting this permit application to revise closure and post-closure

cost estimates for the Morris Community Landfill - Parcel

B. The narrative below and the included

attachments provide explanation

of the closure and post-closure cost estimate revisions and all

supporting documentation. The original and 4 copies

are provided; the appropriate tEPA forms

are provided in Attachment 1 .

Narrative

Shaw has revised the closure and post-closure cost estimates for Morris Community Landfill -

Parcel

B. The revised cost estimates represent the most current costs required to complete

closure

of Parcel B and to fund post closure care activities as required by the applicable

regulations. Tables summarizing the tasks and costs associated with the closure and post-closure

care of Parcel B are included

in Attachment 2. The closure and post-closure care cost tables

include both the quantities required along with the appropriate unit costs and references for the

unit costs .

An operating plan supporting the revised closure and post-closure cost estimates for Parcel B has

been developed and is included

in Attachment 3.

The revised closure and post-closure cost estimates for Parcel B do not include costs for 100

years of leachate treatment. Under 35 Ill. Adm . Code 814.402. landfills that initiate closure within

seven years of January 13, 1994 are exempt from developing a groundwater impact assessment.

Parcel B of Morris Community Landfill initiated closure activities within this seven year time period

and

is therefore exempt from developing a groundwater impact assessment model.

Documentation of the placement of the final cover prior to 2000 is provided in Attachment

4.

Additionally, Parcel B has not received waste since the early 1990s.

- ,- -

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1607 E. MAIN STREET. S

UITE E • ST CHARLES. IL 60174.2343

MAIN 630 .7 62.1400. F

AX 63 0.76 2. 1402

Electronic Filing - Received, Clerk's Office, August 31, 2009

---

Mr. Stephen Nightingale

IEPA - Bureau

of Land

Page

20f 2

August 17,

2009

We look forward to working with the IEPA to resolve all the of IEPA concems with this permit

application

in a timely manner. If you have any questions, please contact me at (630) 762-1400.

Sincerely,

Shaw Environmental,

Inc.

~~'PG

Project Manager

cc:

Mayor Richard Kopczick - City of Morris

Chuck Helsten - Hinshaw

& Culberston

---

ATTACHMENT 1

Stiaw

il

'"

---

Illinois

Environmental

Protection Agency

Bureau of Land

1021 North Grand Avenue East

Box 19276

Springfield,lL 62794-9276

GENERAL APPLICATION FOR PERMIT (LPC-PAl)

This form must be used for any application for permit, except for landscape waste composting or hazardous waste management

facilities regulated in accordance with RCRA, Subtitle C from the Bureau

of Land. One original and two (2) photocopies, or three (3)

if applicable,

of all permit application forms must be submitted. Attach the original and appropriate number of copies of any necessary

plans, specifications, reports, etc.

to fully support and describe the activities or modifications being proposed. Attach sufficient

information to demonstrate compliance with all applicable regulatory requirements. Incomplete applications will

be rejected. Please

refer

to the instructions for further guidance.

Note:

Permit applications which are hand-delivered

to the Bureau of Land, Permit Section must be delivered to 102 I North Grand

Avenue East between the hours

of 8:30 a.m. to 5:00 p.m.

, Monday through Friday (excluding State holidays).

Please type

or print legibly.

l.

SITE IDENTIFICATION

Name: Community Landfill - Parcel B

Site # (Illinois EPA): 063060000 I

Physical Site Location (street, road, etc.):

-,-1"-50-"-,-1."-,A,-"s-,-,,h,,-,,le:.z.y--=R

~

0 ,,-" a=d,--

_ _ _____ ________ _________ .

City;

lip Code: !..:.M""0=m!..:.

"'-

s-"6-"-o4-"5"-'o"--____________ _

County:

-"'G"'""run=d"-'y'--_____ ____ _

~

_____ _

Exi~ing ~E/~PPerm~Nos.

(ifapplicable) : --=2~0-"0=0-__=1~5~6__=-L=F--=

· M~

_ ________________ _______

~

H.

OWNER/OPERATOR IDENTIFICATION

Name: City of Morris

Address: 320

Wauponsee

Morris. lllinois 60450

OWNER

Contact Name: Mayor Richard Kopczick

Phone

11:

(815)942-0103

1J1.

PERMIT APPLICATION IDENTIFICATION

TYPE SUBMISSION/REVIEW PERIOD:

o

New Landfill1180 days (35 lAC Part 813)

o Landfill Expansion/I 80 days (35 lAC Part 813)

o

Sign. Mod to

~perate/90

days (35 lAC Part 813)

[g]

Other Sign. ModJ90 days (35 lAC Part 8 I 3)

o Renewal ofLandfill 90 days (35 lAC Part 813)

o

~evelopmentall90

days (35 lAC Part 807)

o

~peratingl45

days (35 lAC Part 807)

o SupplementalJ90 days (35 lAC Part 807)

o

Pemlit Transfer

!90 days (35 lAC Part 807)

o Renewal of Experimental Permit (35 lAC Part 807)

OPERATOR

Community Landfill

1501 S. Ashley Road

Morris. lIIinois 60450

Robert Pruim

(8] 5) 942-394)

TYPE FACILITY:

[8J Landfill

o

Land Treatment

o

Transfer Station

o Treatment

o

Storage

o Incinerator

o

Composting

o

Recycling/Reclamation

o

~ther

(Specify)

TYPE WASTE:

[8J General Municipal Refuse

o Hazardous

o

Special (Non-hazardous)

o Chemical

~nly

(exc. putrescibk)

o Inert

~nly

(exc. chemical and

putrescible)

o Used

~il

o Potentially Infectious Medical Waste

o Landscape Wao;te

o

~ther

(Specify)

DESCRII>TIOI'\

01' THIS PERMIT REQUEST: (Include a brief narrative description here.)

Revised Closure and Post-Closure Care cost estimates for Community Landfill - Parcel

B.

II.

5:~~·I~S7

l.P(" -'SO

I~c\. ~ . ()'

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---

IV.

COMPLETENESS REQUIREMENTS

The following items must be checked Yes, No orN/A. Each item will be reviewed by the log clerk. Blank items will result in

rejection of the application. Please refer to the instructions for further guidance.

I.

2.

a.

b.

3. a.

b.

4.

a.

b.

5. a.

b.

6. a.

b.

Have all required public notice letters been mailed in accordance with the LPC-PA 16 instructions?

(If so. provide a list of those recipients of the required public notice letters for JIIinois EPA retention.)

Such retention shall not imply any Illinois EPA review andlor confirmation

of the list.)

Is the Siting Certification FornI (LPC-PA8) completed and enclosed?

Is siting approval currently under litigation?

Is a closure. and

if necessary a post closure, plan covering these activities being submitted, or

has one already been approved? (Provide permit number 2000- I 56-LFM

.)

For waste disposal sites only: Has any employee, owner, operator, officer or director of the owner

or operator had a prior conduct certification denied, canceled

or revoked?

Have you included a demonstration

of how you comply or intend to comply with

35 Ill. Adm. Code Part 745?

Is land ownership held in beneficial trust?

If yes, is a beneficial trust certification form (LPC-PA9) completed and enclosed?

Does the application contain information

or proposals regarding the hydrogeology; groundwater

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

monitoring for which you are requesting approval?

lfyes. have you submitted a third (3rd) copy of the application (4 total) and supporting documents?

[gI

Yes

0

No

0

N/A

DYes 0 No

[gI

N/A

DYes 0 No

[gI

N/A

DYes

[gI

No 0 N/A

[gI

Yes 0 No 0

N/A

DYes

rgJ

No 0 N/A

DYes

[gI

No D N/A

DYes

[gI

No 0 N/A

DYes 0 No

t8l

N/A

DYes

[gI

No 0 N/A

V.

SIGNATURES (Original signatures required. Signature stamps or applications transmitted electronically or by facsimile are

pot acceptable.)

All applications shall be signed by the person designated below as a duly authorized representative

of the owner andlor operator.

e orporation - By a principal executive officer of at least the level of vice-president.

Partnership or Sole Proprietorship -

By a general partner or the proprietor, respectively.

Government - By either a principal executive officer

or a ranking elected official.

A person is a duly authorized representative

of the owner and operator only if:

I. They meet the criteria above or 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).

I hereby

afTirm that all infomlation contained in this Application is true and accurate to the best of my knowledge and belief.

I do herein swear that I

representative

of owner/operator and I am authorized to sign this permit application form.

Owner Signature:

Title:

~/~/

Operator Signature: __

Title: _ _ _ _ _____ _

Operator FEIN or S.S. Number:

__________ _

Notary' Subscribe and sworn before me

this~~t ap~

Notary Signaturt; 1

~~C~

Notary Seal:

My

commission

ex~/.7

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"OFFICIAL SEAL"

vv~.J.(Jheshareck

Notary Public, Stale

of

Illinois

My Commission Exp.ll!17!2009

Date:

'b"'

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Date:

Engineer SIgnature

~_~

Engmeer Address.

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All infonnalion submilled as pan (If the Application is available to

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W1hJic except when

spe~~ally

desi naled b

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til A p

be treated C\lJJlidentiaily as a lradt' secret

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secret process in

accordar~e

Jli1h.

~ec.tion 7(~~.·.

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apphcaok R.ub and Rt'gulalJons of the Ilhnllls PollutIon Control

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Nov

20, 2011

Electronic Filing - Received, Clerk's Office, August 31, 2009

---

Sliaw~

~

LIST OF ELECTED OFFICIALS AND CONCERNED CITIZENS (FORM LPC-PA16)

1.

Sheldon Sobol, State's Attorney

111 East Washington Street

Morris,

IL 60450

2.

Mayor Richard Kopczick

City

of Morris

320 Wauponsee Street

Morris, IL 60450

3.

Congresswoman Debbie Halvorson

United States Congress

11th Congressional District

166

N. Chicago St.. Suite 401

Joliet, IL 60432

4.

Senator Gary

G.

Dahl

Senate District 38

103 Fifth Street

Peru, IL 61345

5.

Representative Careen Gordon

Illinois House

of Representative District 75

760 East Division

Coal City, IL 60416

6.

Francis

E.

Halpin. County Board Chairman

111 East Washington Street

P.O. Box 675

Morris,

IL 60450

7.

Lana

J.

Phillips. County Clerk

111 East Washington Street

P.O. Box 675

Morris, IL 60450

1

T:lProjects\2004\ 112005

.

Morrislrenewa/Visf_LPC.PA

16

(2009). wpd

Morris Community Landfill

August 2009

---

Q

.

.

:-.

.. .

.,

lIIinois

Environmental

Protection Agency

Representative

Careen .

GonIon

lllinois House Of Representative

Bureau of Land

1021 NOJ1h Grand Avenue East

Box 19276

Springfield,

JL 62794-9276

Distrlct75

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

160

, F..amDivis1~

Coal City, DJinois 60416

Date: August I

7~. ~

OO

-=- 9,,--

_ _ ___

_ _ ____ _

To Elected Officials and Concerned Citizens:

The purpose of this notice is to inform you that a permit application has been submitled to the IEPA, Bureau of Land,

for a solid waste project described below. You are nol obligated

10

respond to this notice, however, if you have any

comments, please submit them in writing to the address below, or call the Permit Section at 217/524-3300, within

twenty-one (21) days.

)JJinois

Enviromnental Protection Agency

Bureau of Land, Pennit Section (#33)

102] North Grand Avenue East, Post Office Box 19276

Springfield, ]J]inois 62794-9276

The permit application, which is identified below, is for a project described atlhe bottom of this page.

SITE IDENTIFICATION

Site Name: Community Landfill - Parcel B

Site

#

(JEPA): 06 J 060000 J

Address: 1501 Ashley Road

City: Moms

County: "'G=TU=n=d""v

-'-_ _ _

TYPE PERMIT SUBMISSJONS:

TYPE FACILITY:

TYPE WASTE:

New Landfill

D

Landfill

[8J

General Municipal Refuse

Landfill Expansion

0

Land Treatment

0

Hazardous

First Significant

Medification

0

Transfer Station

0

Special (Non-Hazardous)

Significant Modification

Chemical

Only

to Operate

D

Treatment Facility

0

(exec. pUlrescible)

Other Significant

Inert

Only

Modification

[8J

Storage

D

(exec. chern .

&

putrescibJe)

Renewal

of Landfill

D

Incinerator

D

Used Oil

Dcve lopment

D

Composting

0

Sol V{'"JJt s

Operating

D

Recycling/Reclamation

0

LandscapefYard Waste

Supplemental

D

Other

0

Other (Specify __ )

Transfer

D

Name Change

D

Generic

D

DESCRIPTION OF PROJECT:

;F.evised Closure and Post-Closure

CaL('.s:~!

t'stimate~.l9T

Moms Community Landfill . I'arc!"JD.. _____ . _ _ .

.

[8J

0

0

0

0

0

0

0

0

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Electronic Filing - Received, Clerk's Office, August 31, 2009

---

•

lIJinois

•

Environmental

Senator' .:. G.

Dahl

Protection Agency

Senate District 38

Bureau of Land

1021

North

Grand Avenue East

Box 19276

Springfield,

IL 62794-9276

103FifthStreet~

_______________ _

Peru, Dlinois 61345

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

Date: August )

U~.

__ n

To Ejected Officials and Concerned Citizens:

The purpose

of this notice is to inform you that a pennit application has

been

submilled to the IEPA Bureau of Land,

for a solid waste project described below. You

are not obligated to respond to this notice, however. if you have any

comments, please submit

!hemin writing to the address below, or call the Permit Section at 2 J 7/524-3300, within

twenty-one

(2 J ) days.

lJIinois Environmental Protection Agency

Bureau

of Land, Pennit Section (#33)

1021 North Grand Avenue East, Post Office Box J 9276

Springfield, lIlinois 62794-9276

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

SITE IDENTIFICATION

Site Name: Community Landfill - Parcel B

Site # (lEPA): 06 3 06000 ()) n _____ __ _

Address: ISO) Ashley Road

City: Morris

County:

y"",ru

~

n""d".LY

____ _

TYPE PERMJT SUBMJSSJONS:

TYPE FACILlTY:

TYPE WASTE:

New Landfill

0

Landfill

181

General Municipal Refuse

181

Landfill Expansion

0

Land

Treatment

0

Hazardous

0

First Significant

Modification

0

Transfer Station

0

Special (Non-Hazardous)

0

Significam Modification

Chemical Onlv

10

Operate

0

Treatmem facility

0

(exec.

putre~cible)

0

Other Significant

Inert Only

Modification

181

Storage

0

(exec chern.

&

putrescibJe)

0

Renewal of landfill

0

I neinera tor

0

Used Oil

0

Development

0

CompoSling

0

Solvents

0

Operating

0

Recycling/Reclamation

0

Landscape:Yard Wasle

0

Supplemental

0

Other

0

Other (Specifv __ J

0

Transfer

0

Name Change

0

Generic

0

DESCRJPTJON OF PROJECT:

Revised Clos.yre aJ)d Post-Closure Care cost

eSlimalesiQLMorri~

Commumtv Landfill . Parcel B

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)\Jinois

Environmental

Bureau

of Land

1VeI)bleH~Ageocy

102) North Grand Avenue East

Box )9276

Springfield,IL 62794-9276

United States

Congress

11111 CongressiOlUi1 DiSfiict

116 N. Chicago Stteet;

Suite

401

Joliet, Dlinois 60342

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

Date: August 17.2009

To Elected Officials and Concerned Citizens:

The purpose of this notice is to inform you that a permit application has been submitted to the JEPA, Bureau of Land,

for a solid

waste project described below . You are not obligated to respond to this notice, however, if you have any

comments, please subm.it them in writing to the address below, or call the Permit Section at 217/524-3300, within

twenty-one (21) days.

lJ)inois EnviromnentaJ ProJection

Agency

Bureau of Land, Permit Section (#33)

I 02) North Grand A venue East, Post Office Box 19276

Springfield, lIJinois 62794-9276

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

SITE IDENTIFICATION

Site Name: Community LandfiJl- Parcel

B

Site # (JEPA): 0 6 3 0 600 0 0 I

Address:

1501 Ashley Road

City: Morris

County: Grundy

TYPE PERMJT SUBMISSIONS:

TYPE FACILITY:

TYPE WAST.E:

New Landfil1

D

Landfill

[8J

General Municipal Refuse

[8J

Landfill Expansion

D

Land Treatment

0

Hazardous

0

First SignifIcant

Modification

D

Transfer Station

D

Special (NOli-Hazardous)

D

Significant Modification

Chemical Only

to Operate

D

T rcatment Facility

0

(exec putrescible)

D

Other Significant

Inen Only

Modificalion

[8J

Storage

0

(exec chern.

&

putrescible)

0

Renewal of Landfill

0

Incinerator

0

Used Oil

D

Development

D

Composting

0

Solvents

D

Operating

0

Recycling/Reclamation

D

Landscape.Yard Waste

0

Supplemental

D

Olber

D

Other (Specifv __

__ )

D

Transfer

0

Name Change

D

Generic

D

DESCRIPTION OF PROJECT:

.J{~viseQ

Closure

~nd

Post-

Closure Care

£~st

estimates for Moms Communitv Landfill - Parcd

B

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JIIioois

Environmental

Prolectioo Agency

Lana J. Phillips, Cmmty

aerk

11 I East Washington Street

Bureau of Land

] 02 1

North Grand

A

venue East

Box 19276

Springfield, JL

62794JJ276

P.O. Box 675 NOTICE OF APPLICATION FOR PERMIT TO MANAGE WASTE (LPC-PAJ6)

Morris, Dlinois 60450

Date:

AugustJllQ.~

_ _ _ _ _ _ _ _____ _ .

To Elected Officials and Concerned Citizens:

The purpose of this notice is to inform you that a permit application has been submitted to the JEPA, Bureau of Land ,

for a solid

waste project described below. You are not obligated to respond to this notice, however, if you have any

comments, please submit them in writing to the address below, or call the Permit Section at 2] 7/524-3300, within

twenty-one (21) days.

JIlinois Enviromnental Protection Agency

Bureau

of Land, Permit Section {#33)

1021 North Grand Avenue East, Post

OffICe

Box 19276

Springfield, Illinois 62794-9276

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

SITE IDENTIFICATION

Site Name: Community Landfill - Parcel B

Site # (1EPA): 063 0 6 0 0 0 0 I

Address:

1501

Ashley Road

City: Morris

County: =

Go,-TUn=d=-..y'---______ _

TYPE PERMIT SUBMISSIONS:

TYPE FACILITY:

TYPE WASTE:

New Landfill

0

Landfill

[gJ

General Municipal Refuse

Landfill Expansion

0

Land Treatment

0

Hazardous

first SignifIcant

Modification

0

Transfer Station

0

Special (Non-Hazardous)

SignifIcant Modilication

Chemical Only

10

Operale

0

Treatment Facility

0

(exec . putrescibJe)

Other Signiflcam

Inert Only

Modification

[gJ

Storage

0

(exec. chern.

&

putrescibJe)

Re-newal of Landfill

0

lncinerator

0

Used Oil

Deve-JQpment

0

Composting

0

Solvents

OpeTating

0

Recycling/Reclamation

0

Landscape/Yard Waste

Supplemental

0

Other

0

Other (Specify _ _

.J

Transfer

0

Name Change

0

Generic

0

l>£SCRJPTJON OF PROJECT:

~ni~~L05?2'!!!e

and Post-Closure Care cost e-slimates f.9r Morris Community LandfIll . Parcel B

[gJ

0

0

0

0

0

0

0

0

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