IN THE MATTER OF:
Adjusted Standard Petition of
Hayden Wrecking Corporation,
from 35
Iii. Adm. Code 620.410(a).
)
)
)
AS
04-003
)
(Adjusted Standard)
)
CLERK’S
OFFjC~
MAY
242004
STATE OF ILLINOIS
PoJk~jo~
Control Board
ENTRY OF APPEARANCE
NOW COMES
the undersigned,
as
counsel
for
and
on the behalf
of the Environmental
Protection
Agency
of the
State
of Illinois,
and
hereby
enters
his
Appearance
in
the
above
captioned matter.
Dated:
May 21,
2004
Respectfully submitted,
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
Division ofLegal
Illinois Environmental Protection Agency
1021
North Grand Avenue, East
P.O. Box
19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
This filing submitted on recycled paper.
IN THE MATTER OF:
Adjusted Standard Petition of
Hayden Wrecking Corporation,
from 35 Iii. Adm. Code 620.41 0(a).
REc~vED
CLERK’S OFFICE
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite
11-500
Chicago, IL 60601
Greensfelder, Hemker & Gale., P.C.
Attn:
Ms.
Anna
Chesser Smith, Esq.
2000 Equitable Building
10
S.
Broadway
St. Louis, MO 63102
PLEASE TAKE NOTICE that
I have today filed with the
office of the Clerk ofthe Pollution Control
Board
a
RECOMMENDATION OF THE ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
copies
ofwhich are herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
~oun~fl—
Division of
Legal Counsel
1021 North Grand Avenue, East
P.O. Box
19276
Springfield,
Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
MAY 242004
STATE OF ILLINOIS
P~JI~tjon
Control Board
)
)
)
AS 04-003
)
(Adjusted Standard)
)
NOTICE
Dated:
May 21, 2004
CERTIFICATE OF SERVICE
I,
the undersigned
attorney
at
law,
hereby certify
that
on
May, 21,
2004,
I
served
true and
correct copies of a RECOMMENDATION OF THE
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
.by
placing true
and
correct
copies
in
properly sealed and
addressed
envelopes
and
by
depositing
said
sealed
envelopes in
a
U.S.
mail
drop box
located within
Springfield,
Illinois,
with
sufficient Certified Mail postage affixed thereto, upon the following named persons:
Dorothy M. Gunn, Clerk
Greensfelder, Hemker & Gale.,
P.C.
Illinois Pollution Control Board
Attn:
Ms. Anna Chesser Smith,
Esq
James R. Thompson Center
2000 Equitable Building
100 West Randolph Street
10 5. Broadway
Suite 11-500
St. Louis, MO 63102
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
ondent
4
e
ash D
,
Esquir
Assistant Counsel
Division of Legal Counsel
1021
North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
RECEnVED
CLERK’S OFFICE
BEFORE THE
POLLUTION CONTROL BOARD
MAY 242004
OF THE STATE OF ILLINOIS
STATE OF
ILLINOIS
P~II~ti~~
Control Board
IN THE MATTER OF:
)
)
Adjusted Standard Petition of
)
AS 04-003
Hayden Wrecking Corporation,
)
(Adjusted Standard)
from 35 Iii. Adm. Code 620.410(a).
)
RECOMMENDATION TO PETITION FOR ADJUSTED STANDARD
NOW COMES
the ENVIRONMENTAL PROTECTION AGENCY of the State of
Illinois
(“Illinois EPA”), by its counsel, Kyle
N. Davis, and, pursuant to 35 Ill.
Adm.
Code
104.4 16 (2002), hereby submits this
Recommendation
to Petition For Adjusted Standard
(“Petition”) filed by the Petitioner, HAYDEN WRECKING CORPORATION
(“HaydenfPetitioner”).
In replyto the Petition, as explained below, the Illinois EPA recommends
that the
ILLINOIS POLLUTION CONTROL
BOARD (“Board”) GRANT the Petition and
the requested Adjusted Standard from the requirements of35 Ill. Adm. Code 620.410(a),
subject
to certain conditions and states as follows:
I.
INTRODUCTION
The purpose ofthe Petition filed by Hayden is to seek an Adjusted Standard from certain
groundwater quality standards, which
are applicable to Petitioner’s permitted
landfills located at
the intersection ofIllinois Route 203
and Interstate
55/70
in Madison, St.
Clair County, Illinois.
The Recommendation of the Illinois EPA will address th~
requirements of 35 Iii. Adm. Code
104.406(a)
-
(j)
in
order.
1
II.
STANDARD FROM WHICH Adiusted Standard IS
SOUGHT.
35 ILL. ADM. CODE 104.406(a)
-
Within its Petition,
Hayden seeks an Adjusted Standard from 35 Ill.
Adm. Code
620.410(a),
specifically
relating to contamination ofinorganic
chemical constituents within
groundwater at the site, which exceed the codified limitations set forth therein.
The Illinois EPA
highlights that Hayden’s Petition seeks relief from standards relating to concentrations ofarsenic,
iron, lead and manganese,
only, which contaminants exists currently within groundwater at the
facility, and for which analysis of sampling revealed that
accedences of the applicable
limitations would be continuing.
III.
STATEMENT OF APPLICABILITY/IMPLEMENTATION OF
FEDERAL
REQUIREMENTS OR STATE PROGRAMS CONCERNING SUCH.
35
ILL.
ADM. CODE 104.406(b)
The Illinois EPA does not take substantive issue with the representations madeby
Hayden at page 4 ofthe Petition as such concern the applicability and implementation ofthe
regulation at issue.
IV.
LEVEL
OF JUSTIFICATION.
35 ILL. ADM. CODE 104.406(c)
The Illinois
EPA does not take substantive issue with the representations made by
Hayden at page
5
ofthe Petition, as such concern the appropriate level ofjustification to be
considered by the Board.
V.
DESCRIPTION OF HAYDEN’S ACTIVITY.
35 ILL. ADM. CODE 104.406(d)
The Petition describes Hayden’s Madison, St. Clair County,
Illinois facilityand its
activities.
To the extent information about Hayden’s facility and its
activities is
known
by the
2
Illinois EPA, the Illinois EPA generally agrees with the statements ofthe Petitioner.
However,
the Illinois EPA must gather information relative to
Section
104.406(d) from other parts ofthe
Petition.
The Hayden facility is located at the intersection ofIllinois Route 203 and Interstate
55/70
in Madison,
St. Clair County, Illinois.
In general, Hayden owned and operated
a
construction and demolition debris landfill.
This facility is located in an area that is primarily
industrial/business in nature.
Two locations on this site were used for waste disposal.
The
Illinois EPA issued several permits forthis site.
Initially, in 1972 the Illinois EPA issued an
Operating Permit (No:
1972-7) to Hayden for the disposal of “...brick, mortar, wood, and metal
only...
.“
Thereafter, the Illinois EPA issued
a Development Permit (No: 1975-36-DE)
approving the developmentof a landfill for
“...
homogeneous, non-putrescible waste
...
.“
To the
Illinois EPA’s knowledge, and as expressly offered by Petitioner at page 2 ofthe Petition,
Hayden has not accepted waste at the facility since 1992.
Currently, the facility is graded and the
site serves as a parking lot for a local business (Gateway Motorsports Corporation).
(See:
Petition at 8)
VI.
COMPLIANCE ALTERNATIVES.
35 ILL. ADM. CODE 104.406(e)
The Petition fails to provide a description ofthe efforts which would be necessary, along
with the compliance
alternatives and corresponding costs which would be incurred, if Hayden
were to
comply with the regulation ofgeneral applicability.
At page
8 ofthe Petition, Hayden
offers only that
“...
any remediation efforts by Hayden would be both prohibitively expensive and
continual without prospect of completion
...“
due to
the fact that groundwater from the
upgradient, offsite source that will continue to
migrate contaminants onto Hayden’s groundwater.
3
Technically, the Illinois EPA agrees with the Petitioner’s conclusion that groundwater is
migrating towards the Hayden property, and,
more importantly that
such migrating groundwater
is contaminated with the constituents for which relief is
requested prior to
reaching the Hayden
facility.
Yet, as filed, the Petition lacks information relating to: (1) option(s) for compliance;
(2)
information regarding the cost (overall
capital, annualized capital and operating) ofcompliance
and
for the alternatives identified; as well as (3) discussion relative to
each.
As such, the Illinois
EPA is unable to provide a complete review.
VII.
PROPOSED ADJUSTED
STANDARD.
35 ILL. ADM. CODE 104.406(1)
Hayden does not propose specific language for the Board’s consideration, opting to
provide alternate limits, in milligrams per litter (“mgi!”), for arsenic, iron, lead and manganese.
The Petitioner proposes, at Exhibit F ofthe Petition, that the limits be set at .082 mg/i for arsenic,
735 mg/i for iron,
.220 mgll for lead, and 24.2 mgll for manganese.
These standards appear to
derived from and reflect the highest concentrations levels for each contaminant documented
within analysis for the groundwater sampling taken at this facilityduring the calendar years
1999
through 2001.
(See: Exhibit C, Table
1;
See Also Exhibit G and Exhibit I table)
Several points should be raised as to the proposed Adjusted
Standard.
In the Petition,
Hayden states only that it request that the limitations for arsenic, lead, iron and manganese be
adjusted.
This is
unacceptable to the Illinois EPA, in that the limitation set are deemed
appropriate in this specific case for this expressly identified facility.
Thus, it should be made a
condition ofthe Adjusted Standard that the limitations proposed are for Hayden facility only.
Such a condition will allow the State ofIllinois
to review the possible source ofthe
4
contamination in the future, once identified.
Furthermore, it should be noted that the Petition
fails to address the costs corresponding to achieving the proposed Adjusted Standard.
(See:
Petition at 7 par. 22 stating that compliance is “economically impractical”)
VIII.
IMPACT
ON
THE
ENVIRONMENT.
35
ILL.
ADM.
CODE 104.406(g)
The Illinois EPA does not take issue with the representations made by Hayden at page9 of
the Petition concerning the quantitative and qualitative impact on the environment if Hayden
were to
comply with the regulation of general applicability as compared with the proposed
Adjusted Standard.
The Illinois EPA stresses that insofar as Hayden is seeking an Adjusted
Standard from regulations which deal with off-site contamination migrating to its property, the
requirement ofcompliance with the standard regulations is understandable.
Yet, Hayden has
failed to discuss the impact ofits activity on the environment should it comply with the
regulation of general applicability versus the environmental impact should it comply with the
proposed Adjusted Standard.
IX.
JUSTIFICATION FOR PROPOSED ADJUSTED STANDARD.
35 ILL. ADM. CODE 104.406(h)
The Illinois EPA does not take issue with the substantive representations made by
Hayden at pages 9 through
11 ofthe Petition as to its
statement ofjustification.
X.
CONSISTENCY WITH
FEDERAL
LAW.
35 ILL. ADM. CODE 104.406(i)
The Illinois EPA does not take issue with the substantive representations made by
Hayden at pages
11
and 12 ofthe Petition as to its statement ofjustification.
XI.
REQUEST
OR
WAIVER
OF
HEARING.
5
35
ILL.
ADM.
CODE 104.406(j)
Hayden has waived its right to a hearing in this matter.
(See: Petition at 12)
Should the
Board nonetheless determine a hearing is necessary, the Illinois EPA will participate.
XII.
RECOMMENDATION AND RATIONALE.
Certain requirements and/or information of an Adjusted Standard petition, pursuant to 35
Ill. Adm. Code 104.406(a)
-
(j), are omitted
from Hayden’s filing.
Those omissions aside,
Hayden has otherwise adequately presented the Board with a sufficient Petition to substantiate its
request for an Adjusted Standard.
However, for the reasons stated above, the Illinois EPA
believes that certain conditions should be
included ifthe Board adopts the proposed Adjusted
Standard.
Those conditions are:
1) clarification ofthe specific regulations which are addressed
by the Petition and Adjusted Standard; and 2) correction ofthe applicability ofthe revised
standards to exclusivelythe Hayden’s permitted facility.
Ifthese conditions are included in the
proposed Adjusted Standard presented to the Board, the Illinois EPA recommends the Board
grant the petition for Adjusted Standard.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
OTECTION AGENCY
Davis,
s
ire
Division ofLega
Counsel
1021
North Grand Avenue, East
P.O. Box
19276
Springfield, Illinois
62794-9276
(217) 782-5544
Dated: May, 21, 2004
KNDIHaydenAS.wpd
6
