BEFORE
THE ILLINOIS POLLUTION CONTROL BOA~~~
~
SOLID WASTE AGENCY OF NORTHERN
)
M/W
15
2003
COOK COUNTY,
)
)
STATE
OF
ILLINOIS
Petitioner,
)
Pollution Control Board
)
v.
)
PCB 03-161
)
CITY OF DES PLAINES, ILLINOIS,
)
(Pollution Control Facility
)
Siting
Facility)
)
Respondent.
)
To:
See Attached
Service
List
NOTICE OF FILING
PLEASE
TAKE
NOTICE that
on
May
15,
2003,
the City of Des
Plaines filed
with
the
Illinois
Pollution
Control
Board,
on
the
attached
Service
List,
the
attached
“Special and
Limited Appearance”, in
Opposition to the Solid Waste Agency ofNorthern
Cook
County’s
Motion
to
Reconsider
in the above-captioned matter. Copies
were
also
placed in the
U.S.
Mail from
Des Plaines City Hall,
1420
Miner
Street, Des Plaines on
May
15,
2003,
to the persons and addresses listed on the at~tached
Service List.
CITY OF DES PLAINES
By:
_____________
One ofits attorneys
David R. Wiltse
City Attorney
1420 Miner Street
Des Plaines, IL
60016
847/391-5302
Attorney Number 29877
dl\swancc suit\notice of filing
SERVICE LIST
Patricia F. Sharkey
Mayer, Brown, Rowe & Maw
190 S. LaSalle Street
Chicago, IL
60603
Fax Number:
312/706-9113
Dorothy M. Gunn
Illinois Pollution Control Board
100 W. Randolph Street
Suite 11-500
Chicago, IL
60601
Fax Number:
312/814-3669
Non-party, for information only:
Joe Anderson
Disposal Management Systems, Inc.
103
Sell Road
Des Plaines, IL
60018
630/960-2432
Joe Anderson
Disposal Management Systems, Inc.
420 Cutters Mill Lane
Schaumburg,IL
60194
dI\swancc suit\service list
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
SOLID WASTE AGENCY OF NORTHERN
)
CLERK’S
OFFICE
COOK COUNTY,
)
M/~Y1
5
200
)
Petitioner,
)
STATE OF ILLINOIS
)
P01/Ut
iOfl
Controf Board
v.
)
PCB
03-161
)
CITY OF DES PLAINES, ILLINOIS,
)
(Pollution Control Facility
)
Siting Facility)
)
Respondent.
)
SPECIAL AND LIMITED APPEARANCE
I,
David R.
Wiltse,
City Attorney for the
City of Des Plaines, enter my
Special
and
Limited
Appearance
in
Opposition
to
Solid
Waste
Agency
of
Northern
Cook
County’s
Motion for Reconsideration as counsel on behalf ofCity ofDes Plaines in this
matter for the sole purpose of objecting to thejurisdiction ofthe Illinois Pollution Control
Board over this case.
Respectfully submitted,
~
David R. Wiltse
David R. Wiltse
City Attorney
1420 Miner Street
Des Plaines, IL
60016
847/391-5302
Attorney Number 29877
dl\swancc suit\special
appearance
BEFORE THE ILLINOIS POLLUTION
CONTROLBOA~~cD
SOLID WASTE AGENCY OF NORTHERN
)
MAY
152003
COOK COUNTY,
)
)
STATE OF ILLINOIS
Petitioner,
)
Polluttofl
Control
Board
)
v.
)
PCB 03-161
)
CITY OF DES PLAINES, ILLINOIS,
)
(Pollution Control Facility
)
Siting Facility)
Respondent.
)
MOTION IN OPPOSITION TO SOLID WASTE AGENCY
OF NORTHERN COOK COUNTY’S MOTION FOR RECONSIDERATION
NOW COMES the City ofDes Plaines, an Illinois
municipal corporation,
and home
rule
entity,
situated
in
Cook
County,
Illinois,
and
moves
in
opposition
to
the
Motion
for
Reconsideration as follows:
1.
The Illinois Pollution Control Board is withoutjurisdiction to hear the Motion for
Reconsideration, 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 Catlett, on
August 6, 2002.
See attached Exhibit
“A” incorporated herein by reference.
B.
That pursuant to
regulations of the 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 of the 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.
D.
Pursuant to Section
107.204, the time for filing a petition 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.
E.
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, the
approval became effective
within 180
days ofthe filing with Des Plaines.
F.
The Petition of Solid Waste Agency ofNorthern Cook County was filed
on
May
1,
2003, after the
35-day jurisdictional filing period had expired.
Accordingly,
the
filing
is
untimely
and
the
Board
is
without
jurisdiction
to
hear
this
Motion
for
Reconsideration or any motion
to amend same.
G.
The Board,
on April
17,
2003,
issued its Order finding that itwas without
jurisdiction
in this
matter.
This
decision is
res judicata
between the parties and
is
the
Board’s Order in this matter.
WHEREFORE,
the
City of Des
Plaines requests
that this
matter
be
dismissed
by
the
illinois Pollution Control Board, there being no jurisdiction
for the Board to entertain the Petition
ofthe Solid Waste Agency ofNorthern Cook County, or any motion
to reconsider same.
Respectfully submitted,
CITY OF DES PLAINES
By:
~TLd
6~
One ofits attorneys
David R. Wiltse
City Attorney
1420 Miner Street
Des Plaines, IL
60016
847/391-5302
Attorney Number 29877
dI\SWANCC suit\motion
in opposition for reconsideration
2
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420 Cutters MIII
Lane
Di~patch
Fax:
Schaumbürg, IllinoIs 60194
847-884-7676 or 877-4-CONTAINER
847-375-9635
www.d1sposcilm3nagernent.com
August
5,
2002
The
City
of
Des
JMaincs
1420 M~ncr
St.
De~
Plaincs,
ill.
60016
Attentiou~
Mr. Bill Schnieder
Re: 103 Sell Rd. Recycling Center
Dear
Mr. Schuieder:
Billing
Fax:
847-375-9626
63O-96O~243~
We, at OMS,, currently operate a 2,000 square foot recycling center for construction
and demolition material at 103 Sell Rd. We unload
dumpsters from
construction
sites and
sort
out therecyclable items. The
sorted
material is taken offsite for
processlng~Fresently, we remove from the wa~tc
stream
the
following items:
*
Pallets
*
Wood
*
Concrete
*
Cardboard
*
Bricks
*
Asphalt
*
Steel
*
Aluminum
*
Clean
dirt!
gravel!
sand
The remainingmaterial consist of mainly
drywall
and plastic. We currently recycle
approx. 15 incoming truckloads and 30 tons ofrecycled material per day.
ThIs
material is recovered for a good use, rather
tlrnu
filling up a landfill. The 25
that
are not recycled go to a licensed landfill.
PrInt~
on
100
flPIJAIt...
~
Pursuant to Section 39.2 of the Environmental Protcction Act of Illinois Local 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 attachment fordetailed
description)
1.
—
This facility
serves a
great
need
for
the surrounding area
By
recycling
this
construction material we arc
not only saving landfillspace for future generation,
but
we are improving the quality oflife ofall
the
citizens in the area. Consider
the benefits we all reap when we convert
brick
and concrete in to gravel at
Vulcan Material in Elk Grove Village. This means that now contractors do not
need to drive semi
trailers out to Elgin to obtain a load of
gravel,
they can pickit
up right in Elk Grove. That seemingly minor difference, reduces truck traffic on
our roads, reduces air
pollution,
fuel consumption,
construction cost,
and
even
broken windshields from gravel
trucks
on 1-90. There are
very
few facilities that
recycle
construction debris. This
facility is
needed.
2.
This state permitted
facility
has been operating for
two
years
and has been
inspected by
the Illinois
EPA. Since we are not changing the
facility
or its
operation
we believe the facility is located and operated in a manner that will
protect the pubIic~
health, safety and welfare.
3.
This facility is located in
an area that is zoned industrial. Nearby properties
include a paving company,
steel company, O’hare
airport,
wood recycler, and
many construction storageyards~Since the operation is not changing
appreciably
we
do not expect any change in
the
surrounding
property
values
4.
This site is
located outside of a 100-year flood plain.
5.
This facility has a containment
dike around the entire
sorting operation.
This
will prevent any discharge of material to the waterways when
sorting
a load. The
sorting facility is constructed ofmasonry block to isolate a
fire if it should occur.
Additionally,
because
of the small
size
ofthis
fadlity, we can
not and do not store
large amounts ofany one material for
long periods
of
time. This greatly
teduces
the
risk
of accidents.
)
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U
420
Cutters
Mill Lane
Schaumburg, Illinois
60194
Dispatch
847-884~7676
or 877-4-CONTAiNER
BIlllng
847-375-96
Fax:
847475.9635
wwwdsposalm
anagementcom
Fax!
63t~-960..24~
We have been operating
this
facility
for 2 years under a permit from the state of
Illinois for demolition and construction recycling
centers.
Thic permit requires us
to
recycle 75
of the material that comes into the
facility. The permit allows us
to
recycle
a good amount of material.
However, we could be recycling more tonnage if
it were not for the 75
recycle requirement.
There
are cer-taIn
loads of material that arrive at our site that we have to reject,
because the load may only have 50
recyclable material. Ifwe
were to dump the
load, we would not meet our goal of
75.
Atypical load
like
thiswould have 50
drywall and 50
brick or block.
If
we
could recycle a load such as this, we would
be able to greatly decrease the amount ofmaterial being sent to landfills. Ifwe can
not recycle tbe load, then the load is
taken
to a transferstation for disposal at a
landfill. Instead of ~ half of
this load being
sentto
the
crusher
to turn brick and
block into gravel, all of it will
go
to the
landfilL
The state of Illinois only has
two
categories for this type of
facility. Either you are a
transferstation or a recycle station with the 75
requirement.
We are proposing that the
City
ofDes Flames allow us to apply for and obtain a
transfer station permit, from the State of
Illinois,
with the written understanding
that the facility would only accept construction and demolition material for
recyclingand disposal. Essentially, we
would not change our operation other than to
have more
flexibility
in
the loads that we recycle,
We do not see any
significant
change in
truck traffic, because the loads that are
rejected
still
come to the
facility
and then are sent away without having been dumped.
Mr. Schnieder, to meet the state EPA requirements for permitting a transferstation
we are required to have a
public hearing in our city. Please let us
know
of what
dates are available on your calendar.
Sincerely,
Anderson
Prtht~d
on 1~O
•lIt1jr$..1
.S..d.d