REC~VED

BEFORE

THE

ILLINOIS POLLUTION CONTROL

BOAPJS~~KS

OFFT(~E

SOLID WASTE AGENCY OF

NORTHERN

)

1

62003

COOK COUNTY,

)

STATE OF IWNOIS

)

Pollution Control Board

Petitioner,

)

)

V.

)

PCB

03461

)

CITY OF DES

PLAINES, ILLINOIS and,

)

(Pollution Control Facility

DISPOSAL

MANAGEMENT

SYSTEMS, INC.,)

Siting

Facility)

)

Respondents.

)

SPECIAL

AND

LIMITED APPEARANCE

1,

David

R.

Wiltse,

City Attorney for

the

City of Des Plaines,

enter my Special

and

Limited Appearance as counsel on behaif ofCity ofDes Plaines in this matter for the

sole purpose ofobjecting

to

the jurisdiction ofthe

Illinois Pollution

Control Board

over

this case.

Respectfully submitted,

g~

VJ~QJ

David

R.

Wiltse

David R.

Wiltse

City

Atton~ey

1420

Miner

Street

De~

Plaines,

IL

60016

847/391-5302

Attorney Number

29877

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BEFORE TEE ILLINOIS

POLLUTION CONTROL BOARD

SOLID WASTE AGENCY OF NORTHERN

)

COOK COUNTY,

)

)

Petitioner,

)

)

v.

)

PCB 03-161

)

CITY OF DES PLAINES, ILLINOIS and,

)

(Pollution Control Facility

DISPOSAL

MANAGEMENT SYSTEMS, INC.,)

Siting Facility)

)

Respondents.

)

To;

See

Attached

Service List

NOTICE OF FILING

PLEASE

TAKE

NOTICE that

on

April

16,

2003,

the

City of Des

Plaines filed

~rith

the Illinois

Pollution

Control

Board,

via facsimile number 312/814-3669,

arid via

facsimile

to

all

named parties

on

the

attached

Service

List,

the

attacJ~ed“Motion

to

Dismiss

and

in

Opposition to

Solid Waste Agency ofNorthern

Cook

County’s

Motion

for Leave to File Amended Petition” in the above-captioned

matter. An original

and nine

copies was

also

placed in

the U.S. Mail

from Des Plaines City Hall,

1420

Miner

Street,

Des Plaines on April

16,

2003, being mailed to

the Illinois Pollution

Control Board at the

address listed on the attached Service List.

CITY OF DES PLAIN~ES

By:

~

One ofits attorneys

David R.

Wiltse

City Attorney

1420 Miner Street

Des Plaines, IL

60016

847/391-5302

Attorney Number 29877

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SERVICE

LIST

Patricia F. Sharkey

Mayer, Brown, Rowe & Maw

190 S.

LaSalle Street

Chicago, IL

60603

Fax Number:

312/706-9113

Dorothy M. Gunu

Illinois Pollution Control Board

100

W.

Randolph Street

Suite 11-500

Chicago, IL

60601

Fax Number:

312/814-3669

Joe Anderson

Disposal Management S

sterns, Inc.

103

Sell Road

Des Plaines, IL

60018

63 0/960-2432

Joe Anderson

Disposal Management

Systems, Inc.

420

Cutters Mill Lane

Schaumburg, IL

60194

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BEFORE

THEILLINOIS

POLLUTION CONTROL BOARD

SOLID

WASTE AGENCY OF

NORTHERN

)

COOK COUNTY,

)

)

Petitioner,

)

)

v.

)

PCB

03-161

)

CITY OF DES PLAINES, ILLINOIS

and,

)

(Pollution Control Facility

DISPOSAL MANAGEMENT

SYSTEMS,

INC.,)

Siting Facility)

)

Respondents.

)

MOTION TO

DISMISS A~D

IN OPPOSITION TO SOLID

WASTE

AGENCY

OF NORTHERN COOK COUNTY’S MOTION FOR LEAVE

TO

FILE AMENDED

PETITION

•

NOW

COMES the City ofDes Plaines,

an Illinois municipal corporation,

and home rule

entity,

situated

in

Cook

County,

Illinois,

and

moves

to

dismiss

the

Petition

and

states

in

opposition to

the

Motion to Allow

an Amended Petition as follows:

1.

The Illinois Pollution Control Board is withoutjurisdiction to hearthe Motion for

Amended Petition,

or original Petition for the following particulars:

A.

The

application

is

for

a

transfer

station

facility.

This

application was

dated August

5,

2002,

and received in person by

the Mayor’s secretary, Donna CatIett, on

August 6, 2002.

See attached Ekhibit

“A”

incorporatedherein by reference.

B.

That pursuant to

regulations

ofthe Board

set forth

(Section

39.2e),

the

timeline for action by the governing body or

County Board is as follows:

“If there is

no

final action by the County Board or governing body ofthe municipality within

180

days

after the

filing

of the

request

for

site

approval, the

applicant may

deem

the

request

approved.”

C.

That

accordingly,

applicant

may,

pursuant

to

this

above-noted

section,

have deemed the application to

be approved on

or about

February

3, 2003.

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D.

?ursu~rct

to

Section

i 07.204.

the time

&Jr filing a ~etirion for review must

be

filed within

35

days

after

the

local

authorities’

action,

which would

include

the

time

frame of 180 days should

the governing body fail

to act within

that time.

B.

Although

the

public

hearing,

duly

noticed before

the City

Council

was

December

2,

2002,

the

decision of

the

City approving the

site

location

was

not issued

until

after

February

4,

2003.

According

to

the

regulations,

it

then became

approved

within

180

days of the filing with D~s

Flames.

F.

The Petition

of Solid Waste Agency of Northern

Cook County was

filed

on

March

24,

2003,

after

the

35-day

jurisdictional

filing

period

had

expired.

Accordingly, the

filing

is

untimely

and

the

Board

is

without jurisdiction

to

hear this

Petition for review or any motion to amend same.

WHEREFORE,

the

City of

Des

Flames

requests

that

this matter

be

dismissed

by

the

Illinois Pollution Control Board, there being no jurisdiction for the Board to entertain the Petition

of the Solid Waste Agency of Northern Cook County,

or any motion to amend same.

Respectfully submitted,

CiTY

OF DES

PLAINES

By~

á~

One

of

its attorneys

David R. Wiltse

City Attorney

1420

Miner Street

Des Plaines, IL

60016

847/391-5302

Attorney Number 29877

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~ifl1ng

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We, at DMS,, currently operate ~ 2,000

square

foot recycling

center for construction

a~ddeniolition

rnateria~

at

103 Sell Rd. W~unload dumpsters from

construction

sites

and sort

out the

recyclable

items. The sorted material is taken ~ffsitefor

processthg. Presently, we tewove fron~

the vra~te

stream

E3O-96O-~2432.

AugtzstS, Z002

The City

of Des

?1~inc~

1420

MinerSt.

Das

Pø~in~s,

ilL ~0016

Attentiont Mr.

Bill Schnieckr

Re:

103 Sell Rd.

Recycling Center’

Dear

Mr.

Scbnieder:

Fax:

Concrete

The

remaining

material consist

c~fmattily

thywall

and plastic. We

currently r’ecyc~k

approx.

15 incoming

truckloads

and 30

tons of

recyded

material

per day. This

~aterial

is recovered for a good

use~,

rather than ~ilhing

up

~ landfill. The 25

that

are not recycled g~to a

licensed landfill.

“/t

1~

*

Pallet~

*

Wood

Cardboard

Bricks

4lamhrnm

*

Clean

dirt! graveL!

sand

Pr1r~i~

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52

fursuant

to Section

39.2

of the E

ronn~entM

Protcctk~n

Act of

Illinois

Loeal Siting

Review

must

address the following

items:

a.

Applicant must submit

details describing

the proposed

facility

to demonstrate

compliance

with the following criteria,

(please

see

attaclintent fur

detailed

description)

-

-

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1.

—

This facility

serves a

great

need for

the

surrounding area.

By recycling this

construction

materIal

we are

That

only

saving

landfiil

space for future

generation,

but we are

improving

the

q~xialftyof

life

ofall the citizens in the area. Consider

the

benefits we

all

reap whenwe convert

brkk

and co~creti

in to

gravel

at

Vrilcan

Material

in

Elk Grove

Village..

This

means that now

contractors

do not

need to drIve

semi

trailers

out to Elgiu

Lu

obtain a

Joad ofgr~ve1,

thcy can

jxick

it

np iigbt in Elk

Grove.

That secmingjy

minor

difference, reduces

truck

traffic on

our roads, reduces ~ir

pollution,

foe). consumption, cons1ru~tion

cost,

and even

broken windshields

from gravel

trucks

on 1~90.

There are very few facilities that

recvde constrøctfnu

tlehrk. This

facility is needed.

-

2.

This

state

pernaitted

facility

has been operating for two years and has been

inspected by the Illinois

EFA.

Since we

are

not changing the

facility

or

its

operaton we believe the

facility

is located and operated in a wanner

that

will

protect the publics health, safety and welfare.

3.

This

facility

is located in

an

area

that

is

zoned

industrial.

Nearby properties

oclude a pa~’ing

company, steel company, O’hare

airport,

wood recycler, and

many construction storage yards.

Since

the operation

is

not changing

appreciably we do not expect any change

in

the surrounding property value~.

4.

This site is located outside of a 10O~year

flood

plain.

5.

This facility has

a

containment dke

around

the

entire

sorting

operat~on~

This

will prevent any discharge of

material

to the

waterways when

sorting

a load. The

sorting

facility

is

constructed of

masonry block toisolate a lire if it should

occur.

Additionally, because of (he small size ofthis

fadhity, we

can not and do

nc.,t

store

large amountS ofany one material for long periods oflime.

This greatly

teduce~

the risk of

~iccidents.

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iffinois

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Fax

We have been ope~atingthis facility for

2

years under

a perutit from the

state

of

Il1inoi~

for deniolition and

vonstruetion

recyclIng

centers. This permitrequires us to

recycle

75

of

the material that comes into

the

facflily.

The permit

allows us

to

recycle a good amount of material. However, we t~ould

be

recycling

more tonnage if

ft were not for the

75

recycle requireii~e~t.

There are eert~in

103d5 of

material

that

arrive

at

our site

that we hasre

to reject,

because the load may only have 5O

recyclable material. If we were to

dump the

~oad~

we would

not meet onr goal of

75.

A typical load

like this

would have

50

drywall and 5D

brick

or block,

if we could

recycle a

load

svc~h

as this,

we

would

be able to greatly decrease

the

amount

of material being sent

to bndflhls. I!we ~an

not recycle the load, then the load is

takes

to a transfer station for dIsposal at a

landfill.

J33stcad

of~

half

of thIs load

beia~

scat to the

crusher to

turn brick and

block into gravel, all of It will go to the )andfill.

The

state ofIllinois only has

two

categories for

this type

of

facility. Either

you are a

transfer st~ti~n

or a recycle station

with the 75

requIrement.

~z-eproposing that the

City of

Des X’&ines

allow

us to apply for and

obtain

a

transfer station permit, from the State of IllinoIs,with the written understanding

that the fRcility would only accept

construction and demolition material

for

recythag and disposaL

Essentially, wewo~.i1dnot change our operation other than

to

have

more

flexibility

in

the

loads thatwe

recycle.

We d~

not see any significant

thange in truck traffle, because the loads

that

are rejected

still

come to thefacility

and then are sent away without ba~ingbeen dumped.

Mr. Schnieder, to ~neetthe state E’A

requirements-forpermitting

a

transferstation

we are

required to have ~ public hearing

in

our city. Please let us

know

ofwlrnt

Anderson

o~

100

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FA C’SIMILE Co VER PA GE

DATE:

TO:

po~

~

(3l~) 7oL-~l~3

-

FAX NO.:

~

‘9

SENDER:

DAVID

R.

WILTSE,

cITYATTORNEY

-

Direct Phone Number:

847/391-5302

Direct FacsimileNumber;

847/391-5003

32

PAGES:

(including cover page)

COMMENTS:

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CONFIDENTIALITY NOTE

~

The

pages

accompanying this facsimile

fransinission contain information

from

the law offices

of

Uie

City

of

Des

Plaines, which

is confidential or

privileged.

The

information

is intenmlcd to be

for the

use

of the

individual or entIty

named

cii

this

cover

sheet.

If

you are

not

the

intendedrecipient,

be

aware

that

any disclosure,

copying,

disliibution

or use

of the contents of this infonnation

is

prohibited.

If you have received this

facsimile in

error, please uotif~’

us

by telephone Immediately so that we can arrange for tha retrieval

of

the original

documents

at no

cost

to you.

IF THERE

I

~

P

S

ANY PROBLEMWITH tIllS TRANSMISSION,

LEASE CALL AS

SOON AS POSSIBLE

L_____

847/391-5303

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