RECEJVED
NOTICE OF FILING
IN THE MATTER OF:
ENTRY OF APPEARANCE
RECEIVED
REGULATORY REQUIREMENTS

RECEJVED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

CLERK’S

OFFICE

JUN 30

2005

STATE OF ILLINOIS

IN THE MATTER OF:

)

Pollution Control Board

)

Petition ofthe Village ofBensenville

)

AS 05-02

forAdjusted Standard from

Iii. Adm.

)

(Adjusted Standard)

Code 620.410 regarding Chloride and Lead

)

PROOF OF

SERVICE

I, Melanie A. Jarvis, an attorney, hereby certif~’

that I caused the attached pleadings to be

served upon all parties listed on the attached Notice ofFiling via first

class U.S.

mail from

1021

North Grand Avenue East, Springfield, Illinois 62794-9276.

Melanie A. Jarvis

Assistant Counsel

Division ofLegal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

(217)

782-5544

TIllS FILING SUBMITTED ON RECYCLED PAPER.

RECEIvED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

JUN

302005

STATE OF ILLINOIS

Pollution Control Board

NOTICE OF FILING

To:

Village ofBensenville

do McGuireWoods LLP

David L.Rieser

77 West Wacker Drive, Suite 4100

Chicago, IL

60601

PLEASE

TAKE

NOTICE

that todayIhave filedwith the Office ofthe Clerkofthe

Pollution

Control

Board

the

ILLINOIS

ENVIRONMENTAL

PROPTECTION

AGENCY’S

RESPONSE

THE

SECOND

AMENDED

PETITION

FOR

ADJUSTED STANDARD

and an ENTRY OFAPPEARANCE in theabove titledmatter.

Copies ofthese documents are hereby served upon you.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

By:’~\jQ~4J

Melanie A. Jatvis

Assistant Counsel

Division ofLegal Counsel

1021 North Grand Avenue East

P.O. Box

19276

Springfield, Illinois 62794-9276

(217) 782-5544

IN THE MATTER OF:

)

Petition ofthe Village ofBensenville

)

AS 05-02

for Adjusted Standard from

Ill. Adm.

)

(Adjusted Standard)

Code 620.4 10 regarding Chloride and Lead

)

THIS FILING SUBMITTED ON RECYCLED PAPER.

RECEIVED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

JUN

302005

IN THE MATTER OF:

Petition ofthe Village ofBensenville

for Adjusted Standard from

Ill.

Adm.

Code 620.410 regarding Chloride and Lead

)

STATE OF ILLINOIS

Pollution Control

Board

)

AS 05-02

)

(Adjusted Standard)

)

ENTRY OF APPEARANCE

I, Melanie A. Jarvis, hereby entermy appearancein the above-entitledaction on behalfofthe

Illinois Environmental Protection Agency.

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O.Box

19276

Springfield, Illinois 62794-9276

(217) 782-5544

THJS FILING SUBMITTED ON RECYCLED PAPER.

Melanie A. Jarvis

Assistant Counsel

Division of Legal Counsel

RECEIVED

•

CLERK’S OFFICE

•

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

JUN

302005

STATE OF ILLINOIS

Pollution Control Board

IN THE MATTER OF:

)

Petition ofthe Village ofBensenville

)

AS 05-02

for Adjusted Standard from

Ill. Adm.

)

(Adjusted Standard)

Code 620.410 regarding Chloride and Lead

)

ILLINOIS ENVIRONMENTAL

PROTECTION

AGENCY’S RESPONSE

THE SECOND

AMENDED PETITION

FOR

ADJUSTED STANDARD

NOW COMES the Respondent,

the Illinois

Environmental Protection Agency (“Illinois

EPA”), by one of its

attorneys, Melanie A. Jarvis, Assistant Counsel,

and for its response to the

Village ofBensenville (“Petitioner”)(”Village”) Second Amended Petition foran Adjusted Standard

would respectfully state:

This response is filedpursuant to

Iii. Adm. Code 104.416.

The Petitioner filed its Petition for an Adjusted Standard with the Illinois Pollution

ControlBoard (“Board”) on January 3, 2005.

Petitioner seeks an adjusted standardfrom 35111. Adm. Code Part 620.410 regarding

Chloride and Lead.

PRELIMINARY DISCUSSION

The Illinois EPA has the following comments regarding the PetitiOn:

•

Inregards to landfill gas, the Illinois EPAhas reviewedits records and the landfill gas

generation has been investigated four times

with no

serious problems detected.

The landfill was

filled with mostly Construction and Demolition debris, so only small amounts oflandfill gaswould

be expected.

:1-

Section ifi C. CLOSURE/POST-CLOSURE CARE HISTORY:

The Illinois EPA

cannot

corroborate

the

statement

last

line

of the

sixth

paragraph:

“No

other

constituent

concentration in Site groundwatercurrently exceeds Illinois Class Igroundwater qualitystandards.”

However, lack corroborations doesnot alter Illinois EPA recommendationregardingtherevised June

3, 2005 Petition.

Section ifi C. CLOSURE/POST-CLOSURE CARE HISTORY:

The first line ofthe

last paragraph infers that the IEPAbelieves,

along with the Petitioner, that the sources ofchloride

and lead are due to “non-landfill sources”.

The Illinois EPA cannot state that the landfill has been

excluded as a source; however, concurs that road salt is a contributing source ofchloride.

Section JV B. DESCRIPTION OF GROUNDWATER CONDITIONS AND LACK

OF ENVIRONMENTAL IMPACT

(35

Ill. Adm.

Code

104.406(g)).

In the third paragraph and

footnote 2, the Petitioner bases groundwater flow velocityon a hydraulic conductivity and porosity

on generalized text (e.g., Fetter, C.,

1980, Applied Hydrogeology).

Such general text estimations

may differ significantly from actual site conditions

and should never be used as a substitute in a

technical investigation involving groundwater.

However, the lackofsite datadoes not alter Illinois

EPA recommendation regarding the revised June 3, 2005

Petition.

Sectioi~iV. DESCRIPTION

COMPLIANCE

EFFORTS AND

IMPACT

EFFORTS TO COMPLY

(35

Ill. Adm. Code 104.406(e)). The Illinois EPAcannot corroborate the

cost estimatesprovided by the Petitioner(e.g., no written invoice fromLayne GeoConstructionwas

provided for the cut-offwall; a generalized hydraulic conductivity and porosity was usedto derive

flowratein determiningdrawdown and thenumberofwells needed, etc.) However, theillinois EPA

does concur that remediation costs

for chloride, as described in the revised June 2, 2005 Petition,

would be expensive.

REGULATORY REQUIREMENTS

16.

35111. Adm. Code 104.406(a):

ThePetition foranAdjustedStandardcontainsa

statementdescribing the standard from which an adjustedstandard is sought.

This statement canbe

found on page three (3) ofthe petition.

16.

Ill. Adm.

Code Section

104.406(b):

Theregulationofgeneral applicability,

35 Ill. Adm. Code 620.410 was enacted to implement the requirements ofthe Illinois Groundwater

Protection Act, 415 ILCS

55/1

et seq. This representation is stated on pagethree (3) ofthe Petition.

18.

35 Ill. Adm. Code Section

104.406(c):

Petition

correctlyrepresents

that

the

regulation ofgeneral applicability does not specifya level ofjustiflcation necessary foran adjusted

standard at page three (3).

19.

Iii. Adm. Code Section 104.406(d):

Asrequired,pagesfour(4)througheight

(8) ofthePetition provide a descriptionofthenature ofthepetitioner’s activity that is the subject of

the adjusted standard.

20.

35 Iii. Adm.

Code Section 104.406(e):

Pages seventeen (17) throughtwenty-

four (24) of the Petitjon provide a description ofthe

efforts necessary if the Petitioner were

comply with the regulation ofgeneral applicability.

21.

Ill. Adm. Code Section

104.406(f):

The

Petition

provides

narrative

description of the proposed adjusted standard and proposed order.

This requirement is found on

pages twenty-seven (27) through twenty-eight (28) ofthe Petition.

This Section ofthe Petition is

incorrectlymarked as satisfying the requirement in subsection (g) of Section 104.406.

•

22.

III. Adm.

Code Section

104.406(g):

•

This

requirement

fulfilled

the

Petition on pages eight (8) through seventeen (17)by stating thequantitative and qualitative impact

ofthe Village’s proposed adjusted standard upOnthe environment.

23.

35111. Adm.

Code Section

104.406(h):

Pages twenty-four(24)through twenty-

six (26) ofthe Petition sets forth the Petitioner’s required statement ofjustification for the adjusted

standard.

24.

Iii. Adm. Code

Section 104.406(i):

The Petition, on page twenty-six (26)

sets forth whether the proposed adjusted standard is consistent with applicable federal law.

25.

35 Iii. Adm.

Code Section

104.406(j):

The Petitioner expressly waives their

right to a hearing on page twenty-eight

(28).

Ifthe Board deems a hearing necessary, the Illinois

EPA will be in attendance.

WHEREFORE,

the Illinois EPA, recommends that

the illinois

Pollution Control Board

grant the Petitioner’s Petition for an Adjusted Standard for the following reasons:

Road salt appears to be a contributing source, if not the sole source, ofchloride

contamination.

Unless road salting ceases, it would be unlikely that any clean-up efforts would

significantly alter chloride concentrations downgradientofthe landfill.

The major aquifer in the area, the Silurian dolomite, exhibits comparable

•

concentrations ofchloride as found in the “lower water bearing unit” that

is monitored at the site.

The two units are in direct hydraulic connection; however, lack ofchloride clean-up ofthe lower

water bearing unit would not likelyresult in a significant change in the overall groundwater

quality ofthe Silurian dolomite.

•It

is further recommended that the Petitioner record an

ELUC to

preclude use as earlier

suggested by the PCB.

Respectfully submitted,

ILLiNOIS ENVIRONMENTAL PROTECTION AGENCY

By:

A9QOi,~*

L~Q.

Melanie A. Jarvis

Assistant Counsel

•

Division ofLegal Counsel

1021 North Grand Avenue East

P.O. Box

19276

Springfield, Illinois 62794-9276

(217) 782-5544

THIS FILING SUBMITTED ON RECYCLED PAPER.