BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,
vs.
COMMUNITY LANDFILL COMPANY,
INC., an Illinois corporation, and
the CITY
OF MORRIS, an Illinois
municipal corporation,
Respondents.
)
)
)
)
)
)
)
)
)
)
)
PCB No. 03-191
(Enforcement)
NOTICE OF FILING
TO: Christopher Grant
Environmental Bureau
Assistant Attorney General
69 West Washington
18th Floor
Chicago, Illinois
60602
Charles F. Helsten
Richard
S. Porter
Hinshaw
&
Culbertson, LLP
100 Park
Avenue
P.O. Box 1389
Rockford, Illinois
61105-1389
Bradley Halloran
Hearing
Officer
Illinois Pollution Control Board
100 West Randolph
Suite 11-500
Chicago, Illinois 60601
Scott
Belt
Scott Belt and Associates, PC
105 East Main Street
Suite 206
Morris, Illinois 60450
PLEASE TAKE NOTICE
that on
October 22, 2009,
the undersigned caused to be filed
electronically before The Illinois
Pollution Control Board
COMMUNITY LANDFILL CO.,
INC.'S MOTION FOR STAY PENDING APPEAL
with the Clerk of the Illinois Pollution
Control Board, 100 W. Randolph Street, Suite 11-500, Chicago, Illinois 60601, a copy of which
is attached and hereby served upon you.
/s/ Mark
A.
LaRose
One of the Attorneys for Community Landfill Co.
TIDS FILING IS SUBMITTED ON RECYCLED PAPER.
"
Mark A. LaRose
LaRose
&
Bosco, Ltd.
200 North LaSalle Street, Suite 2810
Chicago, Illinois 60601
(312) 642-4414
Clarissa
Y. Cutler
Attorney at Law
155 North Michigan Avenue, Suite 375
Chicago
IL
60601
(312) 729-5067
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
ex reI.
LISA MADIGAN, Attorney
)
General of the State of illinois,
)
Petitioner,
-vs-
COMMUNITY LANDFILL CO., an
Illinois corporation, and
the
CITY OF MORRIS, an illinois
municipal corporation,
Respondents.
)
)
)
)
)
)
)
)
)
)
)
PCB 03-191
(Enforcement - Land)
COMMUNITY LANDFILL CO., INC.'S
MOTION FOR STAY
PENDING APPEAL
Respondent, COMMUNITY LANDFILL CO., INC. (CLC), by and through its attorneys
Mark A. LaRose of LaRose
&
Bosco, Ltd. and Clarissa Y. Cutler, pursuant to illinois Supreme
Court
Rule 335 and § 101.906(c) of the Board's General Rules, hereby moves the Board for a
stay pending appeal for the following reasons:
1.
Section 10 1.906( c) of the PCB General Rules provides that stays pending appeal
are governed by Illinois
Supreme Court Rule 335. Rule 335(g) states tlJat a stay pending appeal
shall ordinarily be sought
in the first instance from the administrative agency.
2.
The Illinois
Supreme Court has addressed factors that should be considered in
ruling on a motion for stay pending appeal.
Stocke
v.
Bates,
138 Ill.2d 295, 304-05, 562 N.E.2d
192, 196 (1990).
One consideration is "whether a stay is necessary to secure the fruits of the
appeal in the event that tile movant is successful."
Stocke,
138 Ill.2d at 305, 562 N.E.2d at 196.
Other equitable factors should be balanced, and include whether the
status quo
should be
preserved, the respective rights
of the litigants, and whether hardship on other parties would be
Electronic Filing - Received, Clerk's Office, October 22, 2009
imposed.
Stacke,
138 1l1.2d at 305-06, 309, 562 N.E.2d at 196, 198. Another consideration is
whether there is a "substantial case on the merits" (not likelihood
of success on the merits), but
this "should not be the sole factor."
Stacke,
138 Ill.2d at 309, 562 N.E.2d at 198. Here, all factors
favor a stay.
3.
On June 18,2009, the Board's final order included the following mandatory relief:
2)
Within
60 days of the date of this order, on or before August 17,2009,
CLC and the City must, jointly and severally, post financial assurance in
the amount
of$17,427,366.00 in such formes) as meet the requirements of
the 35 Ill. Adm. Code 811.700, and the current permits for the Morris
Community Landfill (Landfill). Respondents may use any financial
assurance mechanism, or combination
of mechanisms acceptable to the
lEPA under the Board's rules. Respondents' submission of any permit
application for reduction
of closure/post-closure costs to lEPA does not
constitute compliance with this order.
3)
Within
60 days of the date oftlris order, on or before August 17,2009,
CLC and the City must, jointly and severally, provide updated cost
estimates for closure/post-closure care as meet the requirements of 35 111.
Adm. Code 811.705(d).
4)
Within 60 days of providing the update cost estimate required in
paragraph 3), above, CLC and the City must, jointly and severally,
upgrade the financial assurance for closure and post closure, as required
by
35 Ill. Adm. Code 811.701.
5)
Respondent CLC must pay a civil penalty of $1 ,059,534.70 no later than
Monday, August 17,
2009, which is the first business day after 60 days
from the date
of this order. Such payment must be made by certified
check, money order, or electronic transfer
of funds, payable to the
Environmental Protection Trust Fund. The case number, case name, and
CLC's federal employer identification number must be included
on the
certified check or money order.
* * * * *
8)
Penalties unpaid within the time prescribed will accrue interest under
Section 42(g)
of the Environmental Protection Act (415lLCS 5/42(g)
(2006)) at the rate set forth in Section 1003(a) of the Illinois Income Tax
Act (35
lLCS 5/1003(a) (2006)).
2
9)
Respondents must cease and desist from accepting any additional waste at
the site, further violations
of the Act and the Board's regulations.
(Board's June
18,2009 Order at pp. 42-44)
4.
On July 27, 2009, CLC moved to reconsider and on September 17, 2009, the
Board issued an order denying CLC's motion to reconsider.
5.
Pursuant to the motion for reconsideration and the Board's order denying same on
September 17,
2009, the 60-day time frame for performance of the terms of the Board's order
began to
lUll anew on September 17, 2009 and accordingly, each respondent's deadline date for
compliance
is November 16, 2009.
6.
Here, a stay is "necessary to secure the fruits of the appeal in the event that the
movant is successful" and
to preserve the status quo.
7.
Ordering CLC, a closely-held corporation, to pay over $1,000,000 in fines and to
post over
$17,000,000 in financial assurance would render the appeal meaningless.
8.
CLC's main arguments on appeal will be that the Board's order of any penalty, let
alone a
$1,000,000 penalty was erroneous, and that the Board's order of $17,000,000 in financial
assurance was an order for affirmative injunctive relief that the Board is not authorized to make.
These arguments would effectively be negated
if CLC is required to post $17,000,000 m
financial assurance and pay over
$1,000,000 in fines pending the appeal of this matter.
9.
Specifically regarding the fmancial assurance, CLC and the City of Morris have
already complied with paragraph 3
of the Board's June 18, 2009 order (p. 43), by submitting
updated cost estimates for closure and post-closure. (See Group Exhibit A attached, Letters from
Shaw Environmental to
IEPA dated August 17, 2009; Letter from Mark
A.
LaRose to IEPA
dated October 9, 2009 providing the requested additional information; and Revised Cost
Estimates for Post-Closure Care for
Parcels A and B) Those estimates are substantially lower
3
Electronic Filing - Received, Clerk's Office, October 22, 2009
than the $17,000,000 in financial assurance ordered to be posted by the Board. Posting the
financial assurance should at least await the IEPA's review and approval
of the new closure/post-
closure numbers.
10.
Regarding the penalty,
if
CLC pays now, there is no easy process for the return of
the funds if CLC prevails on appeal, and the State, currentIy in dire need of liquid funds, could
spend tile monies. While a court could order the State to return the funds, this could require a
legislative appropriation or other complicated process. A stay should be entered in order to
maintain the status quo.
If the penalty is paid, then under the Act, those monies go to a special
fund, the Environmental Protection Trust Fund. 415 ILCS 5/42(a);
30 ILCS 105/125.1. The
disbursement
of this fund is controlled by a commission of four persons, including the Attorney
General, the Director
of Natural Resources, the PCB ChaimIan, and the Director of the
Environmental Protection Agency,
30 ILCS 105/125.1. These four persons have tile right to
approve grants and administer the funds on behalf
of the State.
Id.
If this fund is inactive for 18
months or if discontinued by legislative action, the monies are transferred to the General
Revenue Fund.
30 ILCS 105/5.102. The lllinois Legislature also may order the transfer of
monies from the Environmental Protection Trust Fund into the General Revenue Fund. For
example, starting July
1, 2006, the Legislature ordered that $2,228,031 be transferred to the
General Revenue Fund.
30 ILCS 105/8.44. Put a different way, there is no simple way to recover
money from the State.
11.
There is no real urgency to this matter. Even tIlough the formal case in the
Pollution Control Board was filed six years
ago in 2003, the issues regarding financial assurance
go back more than 13 years to August 1996 when the appellate court granted CLC and the City
of Morris leave to file a significant modification application. The issue of submission and the
4
Electronic Filing - Received, Clerk's Office, October 22, 2009
amount of financial assurance from that time on has been the subject of permit applications,
revised permit applications, permit appeals, pollution control board cases, and two cases before
the illinois Appellate Court. Allowing this matter to proceed through its final stage in the Illinois
Appellate Court will not present any further harm or threat to the public or the environment. The
fact that the matter has been litigated for
13 years and lingering in the Pollution Control Board
for more than six years, belies any urgency to the payment
of the fine or resubrnission of
financial assurance.
12.
The Board must also recognize that
$17,000,000 in financial assurance is still in
place by way of the Frontier bonds that the state has made claims on.
If
the $17,000,000 in
financial assurance is no good, why did the state make the claims?
It
is not like there is no
financial assurance in place.
13.
The
status quo
would be preserved by a stay.
14.
The respective rights of the litigants would not be effective and there would not
be any hardship imposed on any other parties. The stay would merely postpone the effect
of the
Board's order pending appeal.
If the state is successful on appeal, the Board's order will be in full
force and effect and therefore, will have no adverse effect on the state. To the contrary, there
would be an extensive adverse effect on the City and CLC
if the penalties and financial
assurance requirements were imposed pending appeal.
15.
Additionally, a stay is also warranted by the fact that the purpose of financial
assurance is
"for closure and post-closure care of the site." 35 lll.Adm. Code §811.700(c). Here,
closure is not imminent. Indeed, this Board expressly declined to order the closure
of Parcel B
(June 18,
2009 Order, p. 3). The purpose of financial assurance is to provide a financial vehicle
in the event that there is a future need for finances when the landfill is closed, and during post-
5
Electronic Filing - Received, Clerk's Office, October 22, 2009
closure case. This requirement is not to provide finances for a present need. Because the purpose
of financial assurance is to provide a vehicle for funding based on a contingent future need, there
is no harm in staying the requirement to post financial assurance, pending outcome of the appeal.
16.
An
additional factor is that there is a substantial case on the merits.
Stacke,
138
111.2d at 309, 562 N.E.2d at 198. This is not the same as likelihood of success on the merits, and
is only one consideration, not the "sole factor."
Id.
This Board is familiar with CLC's position
through its post-hearing briefs and briefs submitted in support
of its Motion to Reconsider,
adopted and incorporated herein by reference. While this Board did not agree with CLC's
position, it cannot be said that there is not a substantial case on the merits.
17.
For
all
the reasons discuss herein, a stay is necessary in this case. The United
States Supreme Court recently explained why stays pending appeal are necessary.
It
takes time to decide a case on appeal. Sometimes a little; sometimes a lot. "No
court can make time stand still" while it considers an appeal,
Scripps-Howard
Radio,
Inc.
v.
FCC,
316 U.S. 4, 9 (1942), and if a court takes the time it needs, the
court's decision may in some cases come too late for the party seeking review.
That
is why it "has always been held, ... that as part of its traditional equipment
for the administration
of justice, a federal court can stay the enforcement of a
judgment pending the outcome
of an appea1."
Id,
at 9-10 (footnote omitted). A
stay does not make time stand still, but does hold a ruJing
in abeyance to allow an
appellate court the time necessary to review it.
Niken
v.
Holder,
129 S.Ct. 1749, 1754, 173 L.Ed.2d 550 (2009) (holding a court's inherent
authority to stay pending appeal and the traditional factors apply, not the demanding standards
of
8 U.S.C. § 1252(1)(2)).
CONCLUSION
For the foregoing reasons, Community Landfill Co. requests that the Board stay its order
pending appeal and grant such other relief as the Board deems proper.
6
Mark A. LaRose
LaRose
&
Bosco, Ltd.
200 North LaSalle Street, Suite 2810
Chicago 1L 60601
(312) 642-4414
Clarissa
Y. Cutler
Attorney at Law
155 North Michigan Avenue
Suite 375
Chicago IL
60601
(312) 729-5067
Respectfully submitted,
/s/ Mark A. LaRose
One oftbe Attorneys for
COMMUNITY LANDFILL
CO., INC.
7
Electronic Filing - Received, Clerk's Office, October 22, 2009
. r\>.
/1
'S.
.Iaw
L~'"
Sh
aw
E'
nVlronmenta,
I
Inc.
August 17, 2009
Stephen
F. I,ighlingale, P.E.
Permit
Sedan Manager
illinois E nvironmenlal Prolection Agency
BUieau 01 Land
1021 I'<orth Grand Avenue East
Springfield, Illinois 62794-9276
Re
S',te 10 "0. 0630600001
Morris CommunilY Landfill. Parcel A (Penmil No. 200-155-LFM)
Dear Mr. N'lgtltingale:
A World 01
Solutions'.
Shaw Environmenlal (Shaw) is submilling this permil apptication to [e..,ise closure and post. closure
cost estimales lor Ihe Morris Communily Landfill- Parcel A. The narralive below and Ihe included
atlachmenls provide explanalion 01 Ihe ctosure and posl-closure cosl eslimale revisions and all
supporling documenlalion. The original and 4 copies are provided; Ihe appropriale IEPA lorms
are plovided in AHachmenl 1.
Narralive
Shaw has revised Ihe closure and posl-dosure cost
e~,limates
lor Morris Commun'l!Y Landfill -
Parcel
A
The revised cosl eslimales represenl Ihe mosl currenl cosls required 10 complete
ctosure 01 Parcel A and 10 lund posl closure care aclivilies as required by Ihe applicable
regulalions. Tables summariirng Ihe tasks and costs associaled wilh Ihe closure and posl-closure
care 01 Parcel A are included in Allachmenl 2. The closure an'd pas I-closure care cost lables
Include both Ihe quanlilies required along wilh Ihe appropriale unil cosls and relerences jor Ihe
unil cosls.
An operaling plan supporting Ihe revised closure and posl.closure cosl eSlimales lor Parcel A has
been developed and is included in Allachmeni 3.
On t'<lovember
1~,
1994, the City 01 Morris passed an ordinance that prohibited Ihe disposal 01 any
waste material with the exception oj inert C&O malerials. This ordinance is provided in
Altachment~.
Since Parcel A unit has taken only inert waste, therelore Ihe applicable regulations
are 35111. Adm. Code Subpart A (811.100)and Subpart B (811.200)
The closure and posl-closure care cost estimales include a revised linal cover design Ihat meets
Itle requirements 01 35 III. Adm. Code 811.204. Addilionalty, Ihe posl-closure cost lor 100 years
01 groundwaler trealmenl has been removed since 35 lit Adm Code 811 317 is no longer
appticable.
G'tt<.OUf
==
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........ _====11
t.
'J. \\,b\4: A
11-=-.
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=-
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~.~ ~'."="
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I I
1607 [. MAIN SlmE"' ••••••
_iiiitff- 601:..1
1: .
..1::
Mr. Stephen Nigillingale
IEPA - Bureau of Land
Page 2 of 2
Augusl
17, 2009
Groundwaler, leachate and perimeler landfill gas probe sampling are .,ncluded in the posl-closure
cosl eslimales even Ihrough nol required by Ihe regulalions. Tilis additional sampling will be
an
add.,lional safely faclor
10
ensure proleclion of the public heallh, welfare and safely.
We
look forward
10
working wilh Ihe IEPA
10
resolve all Ihe of IEPA concerns wilh Ihis permil
applicalion in a lim ely manner. If you Ilave any queslions, please conlacl me al
(630) 762-1400.
Shaw
Environmental, Inc
tJ~
Jesse Varsho, P.E., PG.
Projeci Manager
cc
Mayor Richard Kopczicl< - City of Morris
Chuc¥. Helslen - Hinshaw &. Culberslon
Electronic Filing - Received, Clerk's Office, October 22, 2009
Sl1aw".
~
Shaw Environmental, Inc.
Augusl 17, 2009
Slephen F, Nighlingale, P,E,
Permil Seclion Manager
JIIinois Environmenlal Proleclion Agency
Bureau
01 Land
1021 Nonh Grand Avenue Easl
Springfield,
IllinoIs 62794-9276
Re:
Site 10 No, 0630600001
Morris Community Landfill- Parcet B (permit No, 200-156-LFM)
Dear
Me.
Nightingale:
p.,
World of Solutions"
Shaw Environmenlal (Shaw)'ls submilling this permit application to revise closure and post-closure
cosl estimates lor lhe Morris Community Landfill - Parcel B. The narrat'lve below and the included
attachments provide explanation 01 tile closure and post-closure cost est'lmate revisions and all
supporting documentation, The original and 4 copies are provided', the appropriate lEPA lorms
are provided 'In Allachment 1.
Narrative
Shaw has revised Ihe closure and pas!-closure cosl estimates 10r rv'lon"ls Communily Landftll
-
Parcel B, The revised cosl estimates represent lhe mosl current cosls required to complete
closure 01 Parcel Band 10 lund posl closure care activities as required by the applicable
regulalions, Tables summarizing the tasks and cosls associated with the closure and post-closure
care of Parcel B are included in Attachmenl 2, The closure and posi-ciosure care cost tables
include bolh lhe quanlities required along with the appropriate unH costs and references for the
unil cos
Is,
An operaling plan supponing the revised closure and post-closure cost estimates lor Parcel B has
been developed and is included in Attachment 3,
The revised closure and post-closure cost estimales for Parcel B do nol include costs lor 100
years of leachate treatmenl. Under 35111. Adm, Code 814.402, landfills that initiate closure within
seven years 01 January 13, 1994 are exempl from developing a groundwater 'Impacl assessment
Parcel B of Morris Community Landfill initialed closure activities wilhin lhis seven year lime period
and is therefore ex em pi from developing a groundwater impact assessment model.
Documenlat'lon of the placement 01 the final cover prior to 2000 is provided in Attachment 4.
Addilionaily, Parcel B has not received waste since lhe early 19905,
~==C======-=--=---="='--=-='-'-========="~-=--="'~',
'--=--._=--=.
=~=~'--='-=.-=-=-.~
Mr. Slephen
~Jighlingale
IEPA - Bureau 01 Land
Page 2
of
2
Augusl 17, 2009
We look lorward 10 work',ng wilh Ihe IEPA 10 resolve all Ihe 01 IEPA concerns wilh Ihis perrnil
appliealion in a limely manner. If you have any queslions, please conlael me a\
(630) 762-1400.
Sincerely,
Shaw Environmental, Inc.
~~PG
Projecl Manager
co:
Mayor Richard KopeilCk - Cily 01 Morris
Clluek Helslen . Hinshaw & Culbelslon
THE LAW OFFICES OF
LARoSE & Bosco, L TO.
MARK A. LAROSE'
JOSEPH
A. Bosco'
DAVID KOPPELMAN
JUSTIN E. BURTNETI
DAVID J. BERAULT
CHARISSE LOGARTA
ANDREW T. SPERRY
OF COUNSEL
HaN. ANTHONY J. Bosco
(1928.2008)
JOSEPH G. ALIOTO"
CLARISSA
Y. CUTLER'
'AOM1TIED IN MICHIGAN ALSO
-AOMITIEO IN WISCONSIN ONLY
By Federal Express
October 9,2009
lIlinois Environmental Protection Agency
Bureau
of Land - #33
Pennit Section
1021 North Grand Avenue East
Springfield,IL 62794-9276
ATTN: Mr. Stephen F. Nightingale, P.E.
Re:
0630600001 - Grundy Count)'
Community Landfill- Parcel A
Log
No. 2009-424
Permit Landfill 810-817 File
Permit DOl
Dear Mr. Nightingale:
200 N. LASALLE STREET
SUITE 2810
CHICAGO,
IL 60601
(312) 642.4414
FAX (312) 642.0434
WNW.laroseandbosco. com
135 S WHITTAKER
NEW BUFFALO, MI 49117
(269) 469.8440
FAX (269) 469.8442
We are in receipt of your letter dated September 15, 2009 (copy enclosed) requesting
additional infonnation to complete the pennit application submitted by
Shaw Envirorunental,
Inc. on August 17,
2009, and received by the IEPA on August 18, 2009 in the above matter.
Please note we are enclosing the requested infonnation
for both Parcel A and Parcel B as
follows:
Parcel A
.An original and 3 copies of the signature page to the General Application Pennit (LPC-
PAl), This page has been signed and dated by the operator and his signature has been
notarized.
.An original and 3 copies of the Certification of Authenticity of Official Fonns (to be
inserted as the last page
of "Attachment 1"). 111is page has been signed and dated by the
operator and his signature has been notarized.
IJJinois Envirorunental Protection Agency
October 9,
2009
Page
2
of~
Parcel B
.An
original and 3 copies of the signature page of the General Application Pennit (LPC-
PA
I).
This page has been signed and dated by the operator and his signature has been
notarized.
.An
original and 3 copies of the Certification of Authenticity of Official Fonns (to be
inserted
as the last page of "Attachment
I ").
This page has been signed and dated by the
operator and his signature has been notarized.
Pursuant to your letter, we have marked this additional infonnation "revised
10/9/09" on the
bottom,
right hand comer of each of the pages. For your convenience, we have also enclosed
copies of the August 17, 2009 cover letters which were submitted with each of the pemlit
applicatiorls (Parcel A and Parcel B).
'tie
trust that the above infonnation satisfies the deficiency noted in your September
IS,
2009 correspondence.
If
you have any questions regarding this submittal, please feel free to
contact
Ill':!.
MAL/mle
Enclosures
cc:
Co mill unity Landfill Co.
Very truly yours,
Mr.
Scott Belt (by fax (815) 941-4677)
Mr. Charles F.I-Jelsten (by fax
(815) 490-4901)
Mr.
Jesse Varsho, P.E., P.G., Shaw Environmental, Inc. (by fax (630) 762-1402)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 North Grand Avenue East, P.O. Box 192.76, Springfield, Illinois 62794-9176 • (117) 782-2829
James R. Thompson Center, 100 West Randolph, Suite
11~300,
Chicago, IL 60601 • (312) 814-6026
PAT
QUINN, GOVERNOR
DOUGlAS P. Scan,
DIRECTOR
2171524-3300
September 15, 2009
OWNER
City of Moms
Attn: Mayor Richard Kopczick
320 Wauponsee Sireet
Moms, Illinois 60450
Re:
0630600001 "" Grundy County
Co=unity Landfill- Parcel
A
Log No. 2009-424
Permit Landfill 810-817 File
PennitDOr
Dear Mayor Kopczick and
Mr.
Pruim:
Certified
Man
7002 3150 0000 1111 1018
7002 3150 0000 1111 1025
OPERATOR
Community Landfill COIDJlany
Attn:Nrr.RobertJ.Pruhn
1501 S. Ashley Road
Moms, Illinois 60450
Pursuant to 35 IAC 813.1 03(b), the Illinois Environmental ProteGtion Agency ha5 reviewed, for
plllposes of completeness only, the application referenced above, dated August 17, 2009 and
received August 18,2009. This review has revealed that the application does not contain the
infonnation described below and ther.efore is incomplete. This determination of incompleteness
is b!lSed on the omission ofthe following item(s):
1.
The application was not signed by the operator. Pursuanito 35 IAC Section 812.104,
all
permit applications shall be signed by a duly authorized agen,t of the operator and
property owner.
Within
35 days after the date of mailing oftbis I!linnis EPA
final
decisioll, the
l!pplic~t
may
petition for a hearing before the Dlinois Pollution Control Board to contest the decision of the
Illinois EPA, however, the 35-day period fOA petitioning for a hearing may be extended for a
period of time not to exceed 90 days by written notice provided toJ:he.B.oard from the applicant
and the Illinois EPA within the 35-day initial, appeal period.
If
you submit additional infonnation addressing the deficiencies identified within 35 days of the
date of this letter, the Illinois EPA shall review it for completeness
in
conjunction with the
information cont:riJJ.ed
in
the application deemed incomplete.
If
additional infonnation is
submitted, this new application
will
be considered to have been filed on the day that the
additional infonnation was Aeceived by the Illinois EPA.
~lease
be aware that any '!,d!ii,!ional
jnfonnation should:
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Milln 5t" Rodtford. IL 611 03 • (815)987.7760
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(847) 294-4ooD
Peoria II
5415 N.
Un~~y
SL, Peoria. IL
61614.
(309) 693-5463
£:hall1fl3igr.1I
~'25
S,
Hi'll 51.,
Champaign,
II ..
611l~O·
(;217J 278-5800
Marion. 2:;109 W. M.;IJ" SL. Suhc 116, Marion, IL 52959. (61 B)
993-7.200
!
.;
,f
./
j
Page 2
I-
2.
3 .
4.
5.
be in a format which allows incorporation of1he new infonnation into 1he appropriate
sections of the current application;
include a cross-reference indicating where in the
new infonnallon each deficiency,
identified above,
has been addressed;
have the
date of1he revision on each page and on each drawing;
include an original and at
least three copies; and
be submitted to the address below.
Illinois Environmental Protection
Agency
Bureau of Land -- #33
Permit Section
1021 North Grand Avenue East
Post Office Box 19276
Springfield, lllinois 62794-9276
If
you do not submit additional infonnation within 35 days, you
will
need to submit a new permit
application
in
its entirety.
If you have any questions regarding this letter, please contact Christine Roque at
217/524-3299.
7#
StephenF. Nightingale, P.E.
Manager, Permit Section
Bureau
of Land
C:1L
SFN:~h\091132S.doc
cc;
Jesse P. Varsho, P .E. - Shaw Environmental, Inc.
Electronic Filing - Received, Clerk's Office, October 22, 2009
Site l.D. No. 0630600001
MORRIS COMMUNITY
LANDFILL - PARCEL A
(Permit
No. 200-1 55-LFM)
ADDITIONAL INFORMATION
SUBMITTED
10/9/09
'An original and 3 copies of the signature page to the General Application Permit (LPC-
PAl). This page has been signed and dated by the operator and his signature has been
notarized.
'An original and 3 copies of the Certification of Authenticity of Official Forms (to be
inserted as the last page
of "Attachment 1 "). This page has been signed and dated by the
operator and his signature has been notarized.
Electronic Filing - Received, Clerk's Office, October 22, 2009
CO]\] PLETENESS HEQUlRElvlENTS
followine. items must be checked Yes. No or N/A. Each item \'\'ill be reviewed bv the 1m!. clerk. Blank ilems will result in
of dlt' Clppiic<)[ion. Please refer \0 the instructions for further guidance.
.
-
I.
}],l\'e all requiretl public no\iee leutrs been mniled in accordance wilh lhe LPC-PA 16 instructions?
~
Yes 0 No 0 NI A
01'50. provide
il
list of those recipients of [he required public notice lel1ers for ]lIinoi5 EPA
relel11ioll.)
SUcJ1 retention shwll not imply .my JlJinois EPA review .mdJor confinnation of lhe lis!.)
]. il.
Is [he Siting CeniliC;:lIioll Fonn (LPC-PA8) completed and enclosed?
b. ]s siting approval currenlly under lilignlion?
3.
il.
]s a closure. and
if
necessary 3 post closure, p13n covering Ihest' L1clivilies being submilled. or
h.
hilS one ill ready he en approved? (Provide pemlilllumber 1000-J55-LFM
.)
4. il. For WilSie dispos,d sill'S only: Has lIny employee. owner, operalor. officer or director of the owner
or oper<llOr hnd a prior conduct certification denied, canceled or revol,ed?
b. Have you included 11 demonslrmioll of how you comply or intend 10 comply wilh
35 Ill.
I\dm.
Coue Pari 745"'
5.
<i.
15 land o\\'nersllip held in benefici;:!1 trust'?
b.
Jrye~.
is a benellcilll lrust certiflcation fonn (LPC-PA9) completed and enclosed?
n.
,I. Does the application cOlllain infomlation or proposals regarding the hydrogeology; groundw;:lIer
monitoring. modeling or cJassificmion: a groundwater impact assessment: or vadose z.one
monitoring for which you .Ire requesting approval?
h.
If
yes. haH:' you
~ubmjlled
a third Drd) copy of the applicillion (.:1 towl) and 5uppoI1ing
dOCUJl1enl::'·~
DYes
o No IZl
NiA
DYes
o No IZl
N/A
DYes
[gJNo DN!A
IZl Yes
ONo DN!A
DYes
[gJ No 0
Nt.'"
DYes
[gJNo DN!A
DYes
[gJ No 0 NiA
DYes
ONo IZlN/A
DYes
[gJ No ON/A
v.
SJGNATtlRES (Originlll signnrures required. Signarure S!;lmps
or
3pplications transmilled electronically (lr
by
facsimile are
not 3ccepwbk.)
All
<lpplicalion~ ~hnll
be $igned by the person desig1l3ted below as n duly authorized representativC' of the o\\'JlC'r i.lmI (lr operator.
Corporation
- By
n
principal executive officer ofnl least the level ofvice-presidenL
Pnrtn('r~hip
or Sole Proprietorship - By a general panner or the proprietor. respecti\"ely.
Gc)"vem.lllent . By either i.l principal execUlivt' officer or a ranking elected official.
l\
person is a rJuly lluthorizeu represenlatiYe of the owner nnd operntor only if:
I. The:,' meel the criteria nbove or Ihe nuthoriZ,l1ioll llils been gri.lllted in writing by a persall described ilb(\\"e: nnd
"l
is submi11l'cJ wilh this npplication (a copy Ofil previously
~ub1l1il1ed
authorization can be used).
J herehy afllml tita! all infonml1i(ln contained in this Application
is
true and ilccUfnte 10 lhe best of Illy knowledge ilnd belit'f.
Notary:
.\
,wL-L.!_([
iJ"
.
. .
_
I'
if
ll\inoi5
Environmental
Protection Agency
Buteau
nr L:mu
11121 Nonh Grand A\'enue E:151
Box 19276
Springfield. IL 6271)0.1-')176
Certification of Au1hen1ici1Y of Official Forms
This fOlm must accompany .my application submil1ed to the ]1I1no15 EPA Bureau of L,lIld, Division of Land
Pollution Control: Permit Section on forms other than the ofl1ci31 copy primed and provided by the lI1inois EPA.
The only allowed changes 10 the fonn are in spacing, r011\s. and The addition 01" the information provided. Any
additions must be underlined. The fomls would not be considered idemical if there is .my change to, addition or
deletion of words on the foml or to Ihe language or tile form.
The $llme individuals [hat sign the application form it acco1llpanie.'- mllst sign the following ceJ1ificalion.
J
hereby cerrt{y III/der pcnolry oj law lhul
J
hare
persoll(ll~r
examined. {wd {1m jiulliJiar willi Ihe opp/jewion form or
forms and all included supplcnlt'llw} in/onnolioll SJlbl1lillt'J
IIJ
,he
JlIinoi.~
EPA hert'\\.ilh. undlllal The official Jllinois
Environmenl{// ProleClioll Agent.:v opplicariol1 form ur /V/7I1S liS cd
hf'rr~il1
is or urc itif'llIicul in all respeCI.'i TO Ihe
ojficial form or forms prvl'ided h.l' Ihe illinois EPA
Bllr~all
of LUlld Pennil Seclion.
(1IIri
hus IIOT or hal'£! 1101 been
o/{ered.
al/Jended.
Of
orhenl'ise modffier!
ill
onr 1my.
i
jim/n'T
cerl(f}. lIlIder
pel/oily oj/ow
Il1af
any (J/llJched or
inell/ded
eleclrol1ic dOla l'ersion
of
fhe'
app!iull ion ./;)rm
Ur!;J1711.1
t"olllplir's 1,.itil 1111-"
1~(liciuI1l!i110i5
EPA ..'i Eh'C( ronic
l'ersion Thereof. and
is or are idemii..I?!
ill
all
rC.lju't"1.1 IrJ
Ihe
'?Ii;r
ial
dcc/rol1it"l1/~r
dmnl!oadable form or forms
pro1'ided
by
Ihe
lI/i/lois EPA
Bllreall
of Lund Permil
Sc'clillli. III/II
Iws
1101
or hlll'(' 1101 hr'en
o!Jered.
{/mended or
olhpnFi~odified
ill
on1'
1"01'.
/'j
"
,t::/'lv'l/
.. II.:-
't..--' ,! '
I(r;/
L.-.r-
Ov,..ner Signaluf{'
....
Tille
~~
Opera! or Signal ure
Tille~
~"
(if necessary)
",""'''"
SlIbscribed and
511:0/"/1
10
Bl~/;}/'e
!\it-.
o HO/(Jry Pllhlit'
ill
unJ/or Ihe
nhol"t'-meJ1lioned C
alln~r
and Slal!".
-,.:.
-
~l!...~:.....-..L
Nnt3ry Publi(
,'-;
1._
1
--)
~ll-.
'7 . ,;
! .. -(
J
(date)
OFFICIAl SEAl.
LORIIAINE M DUHlAI'
My
Notary
Comml"lon
l'ublle
E>plr.,
-
5101a
Noy
01
""noll
20, 2011
,
~~;:;;,:;:;;::::::,
f
"OFFICIAL SEAL"
\1
i\Il.h-L~4
Wm,
j,
Cheshareck
I
t
),,1,
I'-:'.,:ary
,. ...'
Puhlic. 51,lIe of Ill"
InQl.!i
10..1.
aLj
r
f. :: ... 1
i'
:,!TIlSSlUn
Exp.
11/1 71200Q
Site J.D.
No.
0630600001
MORRIS COMMUNITY LANDFILL - PARCEL B
(Permit
No.
200-156-LFM)
ADDITIONAL INFORMATION
SUBMITTED
10/9/09
• An original and J copies of the signature page to the General Application Permit (LPC-
PA
1): This page has been signed and dated by the operator and his signature has been
notarized.
'An original and 3 copies of the Certification of Authenticity of Official FODllS (to be
inserted as the last page
of "Attachment I "). This page has been signed and dated by the
operator and his signature has been notarized.
IV.
COMPLETENESS REQUIREMENTS
The following items must be checked Yes: No or
N/A.
Ench item
wiJ]
be reviewed by the log clerk. Blank items will result in
rejection
of the application. Please refer to the instructions for further guidance.
1.
J-Jil\'C nIl required public notice leiters been mlliled in accordance with the LPC-PA16 instructions'?
(If so. provide n list of those reciplcnts of the required pubHc notice iellers for ]lIinoi5 EPA retention.)
Such relemion shaH not imply any Illinois EPA review and/or conunnation of the list.)
2. a. ls Ihe 5iling Cenificalion Fonn (LPC-PA8) compleled and enclosed?
b. Is siting ilpprovaJ currently under litigation?
3.
n.
Is a
cJosure~
and
jf
necessary a post closure! plan covering these activities being submitted. or
b. has one already been approved? (Provide penni I number =-20,,0"'0"'-:2J-"S,,6"'-LF""-'M"'-_________ .)
4.
<I.
For 'waste disposal sites only: Has
llny
employee, owner, operator, officer or director orthe owner
Of oper<.ltoT hnd a prior conduct certification denied, canceled or revoked?
b.
H,1\'(' you included a demonstration afhow you comply or intend to comply with
]5
llI.
Adm. Code Part
74S?
S.
Ll.
]s land ownership held in beneficial trust?
b. Jf yes, is a beneJiciailrusl cenification fonn (LPC-PA9) completed and enclosed?
6. a. Doc!' Ihe lJppiicalion contain infonnation or proposals regarding the hydrogeology; groundwater
nlOnilOring, modeling or c1assificf1tion; a groundwater impact assessment; or vadose zone
monilOring for which you are requesting approval?
b.
Jf
yes. have you submil1ed a third (3rd) copy orille application (4 lotal) and supporting documents?
!ZJ Yes
DNo DNIA
DYes
DNa !ZJNIA
DYes
DNa !ZJNIA
DYes
!ZJ No 0 NIA
!ZJ Yes
DNo DNiA
DYes
!ZJNo 0 NIA
DYes
!ZJ No 0 NIA
DYes
!ZJNo DNIA
DYes
DNo !ZJNiA
DYes
!ZJNo DNiA
V _
SJGNA TllRES (Original signatures required_ Signature stamps
or
applications transmilled electronically or by facsimile are
1101 ;Jcceplable_)
All t1ppliGllions shall be signed by the person designated below as a duly authorized representative of the owner and/or operator.
Corporation
~
By
u
principal executive officer of at least the level of vice-president.
PnT1nership or Sole Proprietorship - By a general partner or the proprietor, respectively_
Gm't'mmenl
~
By eilher a principal execulive officer or a ranking elected official.
/\ persoll is;:!
duly authorized representative of the owner and operator only if:
J,
They meet the cnteriil above or the authorization has been granted in writing by a person described- t1bove; and
~.
is submilled with lhis application (<1 copy of il previously submitted authorization can be used)_
] hereby allinn Ihal all information contained in Ihis App1ic.llion is true and accurate
10
the best of my knowledge and belief.
] do herein swear Ihal
~I dUJ~
represent<Hive
of O\VJ]er/operalOr and 1 am aUlhorized
10
sign Ihis pennil application [oml.
OWllt'r
Sigml1ure:
..--!7~",,--,-,(,--:,-,~V--7'c.o::....:o,----
Owner FElN
Dr
5.S. Number:
"..."3.LJ<:i--=3f~"-'_..Q~J..L.:l~-~
TiLle:
Dale:
L
l_,.-,/V.~~,r.r-_.r
.••
-vv~/·
..... "v.'..I ...... A....,rv\,
Operator Signa lure:
A-'---
Title:
~
I\.
~UQr$?/J(
"
Sq!btFFI~6MMl5SleHB{P!AES~
@:~,
~.IIiiARYKARSON
~
Oper",Qr FElN or 5.5. Number:
:&
b
- =?19tS'6
t;
~ '\T;/E.~~-:.J!}
FEBRIJARY 17. 2013
~
NOlar,.: Subscribe and sworn before me
IhiS~da]cRJI1~~L~:::'1
11
.J\
+
''',nO
"OFFICIAL
sEAlJ'
<"""~·if!·~'.L'7":v..
,\tt'-'''
l~p
NOlarySigllalUr~Ch~~_
NOlarySeal:
Wm.J.Cheshareck
c..
/;"');q/
.(..(
.
~
.. I\' commi<>;on expw.res
0 . \\- n-
= CJ
q
Notal)' Public. Slale ofJllinois
~-\l-o'l
t<"il!flL1;
f.A1LL,~'IJ
Alo
9
/J
/t;;;'
My Commission Exp.lllJ7l2
009
J '"
EnQ]lleer 5,""alllfe:
1ft
~
Tille:
J>rc
II
Dale.
~-I~
En~illm.;jdr<"
(IuD]
£.
i'!4,'.,
~±
Ellgm~t;r'~:=.~
••.•
~~4/
-,,_
--v,.~
\0.
1~'tJ
st.
~OOIlfe.,
:rL
~rPI
_-
t;;)"<,..
··.~-V,
r:.~
r-
.
(J
U~
I
~~:'
•••
~
Eneinm Pl1nne No.
~
{<.fOtJ
::
=
35:
~
:
JESSE
VARSHO
PAUL ":
:
111
~
=
::
-
:: --' •
062.059069
•
:::
~;:<:O
All inlnrlll:ninn :,ubmillt'G JS pan or Ihe Applic<lIiOIl is J\'ililable 10 las W!bJic except when
~ve~l}t'lllly
de:;i
'?'
~
be 1TC';ueJ (llnfltit'ntiOlIlY:1:;
il
IriJde 5f'Cret or :;('cn:'1 process in l)(cordaJlse Ji"11h. Seclion
7(~}~"~;;t~'l'iiI~miI~~~iIj!~~~~·"'''Ir
~
[
<lppJjcilbk
HlIk~ ~lllU
Heguinlinns of the IIlinoi:; PollutioJ] Caonol
Boar&jl~<IDl::rl,tlab}e~
:tPA ruit's
aOf~iHAl
0
~
'"
rr:
OF I'-\: \'
LOIlIIAIHI
M DllNW
-t:> •
ph'-ls",,,tp,t,,.
/1/1111111\\\"
Notary Publk: -
Stoto
0' Intnola
My
Commlwon Expl ... Nov 20. 2011
Electronic Filing - Received, Clerk's Office, October 22, 2009
lIIinois
Environmenlal
PrOlttlion Agency
Bureau orLand
1021 Nonh Gr..md Avenue EnSI
Box 19276
Springfield,
IL 62794. 9276
Certification of Authenticity of Officiall'orms
TIlis ronn must accompany any application submi11ed to Ihe )lJjnois EPA Bureau of Land, Division of Land
Pollution Control, Pennit Sectlon on forms other than the official copy primed and provided by the lIJinois EPA.
TIle only allowed changes to the fonn are in spacing, raniS, <lnd the addition of the information provided.
Any
additions must be underlined. The forms would not be considered identical ir there is any change to. addition or
deic:lion or words on the fonn or 10 the language or Ihe fonn.
The same individu<lls lh<11 sign the appiiGuion form it accompanies must sigll the rollowing cenificalion.
1 hereby ccnify under penalry oJ Jaw 1hal i have
personu/~v
e:wmined, and am familiar
)1-1.1h
'he application form or
fonns and
aU
inclllded supplemental inJormation subm;lIed Jo Jhe lllinois
EPA
herewi,h. and JJwt Jhe official }//inois
Environmental Protection Agency application fonn or Jom.s used herein is or are identical in all respects 10 the
official
Jorm or fonns provided by Ihe Jllinois EPA Bureau of Land Permit Seelion, and has nOi or h01!e not been
o/Jcred, amended, or otherwise modified
in
any way. i further cenffy under pc>nalry of Jaw Jlmt any ollached or
included electronic data version of the application form orfornu complie.'i
wilh
the officiul illinois
EPA's
Electronic
version thereof, and ;.1 or are identic;aJ in all respecIs to Ihe official eleCironico/J ...... downloadable fom, ar fonns
prO\:ided b:v the illinois EPA Bureau of Land Pennil Section, and has
1101
ar hal'('
1101
been altered. amended or
OIhenl.:ise
mod~fied
in any
11tO.V.
Title
Operator
/JJ~!-
Signature
0.U'~
~
1f-F=>(jJ/?,(j7
(If
neces.s.af)')
Subscrihed Il11d Sworn 10 Before Mr.
u N010ry Public in and for rhe
abore-menlioned County ond Stull'.
, (da,e)
10-9-09
OffICIAl SEAl
lORIWNE M DllNl.AI'
Notory Public - Stat. ot Ill1no11
My Commlulon ElIplre. Noy
20.
2011
NOl:lT;-. Public
f1..
/'
t\..1y
l·()mmi.~"inn
["pin-,,:
_. ____ '-1'-1.' -j/c...c;:{Li
~
[:
.U ____ "
"h"'="~q
~hO_k-L~_~.~l-D-t
~
'f'Gl.\J_
li::.nt-.r,-'-'''~
"OFFICiAL SEAL"
VVrn_J, {]heshareck
,('JOlary Pul;Jit:, Slate of Illinois
MvCommi.~sirm
Fl'n
1111il1nnn
Electronic Filing - Received, Clerk's Office, October 22, 2009
Closure Costs:
Leachate Management
System
$624,671
Final Cover Construction, Stormweter Management,
and IEPA Certification
$1,480,856
Add 3% Contingency
$63,166
Subtotal:
$2,105,526
Post Closure Costs (Includes 3% contingency)
$1,269,473
Totals:
$3,374,999
Page 1 of 8
Groundwater Monitoring Wells
- Leachate Management System
Final
Cover Construction, Stormwater Management, and IEPA Certification
Add
3%
Closure Costs (Includes 3% contingency)
Totals:
T:\ProJecIs\2004\1 12005 • MOIl1s\:klsurll_lIcl!lllUas\PDfCel B_2009.llIs
Page 1 of 8
$33,960
$16,049
$3,868,020
$117,540.89
$1,446,754
$5,330,823
CERTIFICATE OF SERVICE
I, Mark A. LaRose, an attorney, hereby certify that I caused to be served a copy of the
foregoing
COMMUNITY LANDFILL CO., INC.'S MOTION FOR STAY PENDING
APPEAL,
by electronically filing and by placing the same in the United States Mail, first-class
postage prepaid, this 22nd day
of October, 2009, addressed as follows:
Christopher Grant
Environmental Bureau
Assistant Attorney General
69 West Washington
18th Floor
Chicago, Illinois 60602
Charles
F. Helsten
Richard
S. Porter
Hinshaw
&
Culbertson, LLP
100 Park
Avenue
P.O. Box 1389
Rockford, Illinois
61105-1389
Mark A. LaRose
LaRose
&
Bosco, Ltd.
200 North LaSalle Street, Suite 2810
Chicago,
Illinois 60601
(312) 642-4414
Clarissa Y. Cutler
Attorney at Law
155 North Michigan Avenue, Suite 375
Chicago IL 6060 I
(312)
729-5067
Bradley Halloran
Hearing Officer
Illinois
Pollution Control Board
100 West Randolph
Suite 11-500
Chicago,
Illinois 6060 I
Scott Belt
Scott Belt and Associates, PC
105
East Main Street
Suite 206
Morris, Illinois 60450
/s/ Mark A. LaRose
One of the Attorneys for Community Landfill Co.
Electronic Filing - Received, Clerk's Office, October 22, 2009
