RECE~VED

CLERK’S OFFICE

BEFORE

THE ILLINOISPOLLUTIONCONTROL

BOARD

OCT

22

2OO~

STATE OF lLLlNO~

IN

THE MATTER OF:

)

Pollution Control

Bo~,~r

)

PETITION OF JOHNS MANVILLE

)

FOR AN ADJUSTED STANDARD FROM

)

35

ILL.ADM. CODE PART

814,

§~

811.310,

)

811.311,811.318,811.320

)

AS 04-04

)

(AdjustedStandard-Land)

)

NOTICE OF FILING

To:

Attached

Service List

Please take notice that on October 22, 2004, Johns Manville has filed the attached

Publisher’s Certificate (pursuant to

35

Ill.Adm.Code

§

104.410) with the Illinois

Pollution

Control Board in the above-captioned proceeding, copies ofwhich are hereby served upon you.

Johns Manville, Petitioner.

By:

_______________________

One ofIts Attorneys

Edward P. Kenney

Sidley Austin Brown & Wood LLP

Bank One Plaza

10 South Dearborn Street

Chicago, Illinois 60603

(312)

853-7000

Dated:

October 22, 2004

THIS FILING IS

PRINTED

ON RECYCLED PAPER

---

Annexed

Notice

Notice

of

Petition

by

Johns

ManvIlle

for

an

Adjusted

Standard

before

the

Illinois

Pollution

Control Board

Johns Manville. a Delaware

corporation, which

owns

a

former

manufacturing

plant

ib~*T~*

e~9~Pec~htn9

~

In

Lake

~8~ftd1f

hØ-~Iledan

Amend

EotitIi!r

igc

Adiqeted

Standard bef~:

th~

lilinQis

Pollu11~flC0flt$t

B~rd,

pursuant tO

Secti~fl!

~

the

litlndt ~iMrdh-

mental

ProtectIon

Att,

415

ILCS

SectIon

5/28.1, and

35

lll.Adm.COde

Sections

104.40Q

et

seq.

This

amended

petition was

filed

with

the

Pollution

Control

Board

on

September

30,

2004, and

has been assigned

Docket Number AS 04-04 by

the

Pollution Control Board.

•Johns

Manville

formerly

operated

a

manufacturing

plant on the property,which

ceased

operations

In

1998.

Johns

Manvllle

also

oper-

ated

an

on-site

landfill

which consisted of

Iwo units

and

which received nonha-

zardoUs solid wastes gener-

ated

on-site

while the

plant

was

operating.

The

pro-

posed

adiusted

standard

would.opplv to certain. spe-

clfic

requirements

con-

tained

in

the

Illinois

Pollu-

tion

Control

Board’s

land

pollution control regulations

relating to

landfill

gas

cal-

lectiofl

and

monitoring and

groundwater

monitoring.

Specifically,

JM

seeks

ad-

justed standards to

35 lii.

Adm.COde

Part

814,

which

Incorporates 35 Ill.

Adm.CQde

Sections

811.310,

811.311,

811318,

dnd

811.320.

The

adiusted stan-

dard

would assist In the effI-

ciency offinal closure ofthe

landfill

by

JM.

The

pro-

posed

adjusted

standard

woqid

address

the

fre-

quency of landfill gas moni-

toring,

onc~

the

location

of

landfill

gas

and- ground-

water monitoring wells. The

proposed

text

of

the

ad-

justed

standards

is

as fol-

lows:

in

lieu

of compliance

with

35

ill.Adm.Code

811.310(C)(1)

as

applied

to

the On-Site Landfill at

its

fa-

cility

In

Waukegan,

IllInois,

Johns Manviile

shall

oper-

ate

all

gas

monitoring de-

vices, includingthe

ambIent

air monitors, suchthat sam-

pies

will

be

collected

on

a

semi-annual basisfor a per-

iod

of five

years

following

approval

of

this

adlusted

standard.

It,

at

the

end

of

five

years,

the

require-

ments

for

implementing

a

Landfill

Gas

Collection Sys-

tem

(35

ilI.Adm.Code

811.311) ore

not

met, no fur-

ther monitoring will be

con-

IN WITNESS WHEREOF said Fox Valley Publications,

1n

publisher

aforesaid,

has

hereunto

caused

its

corpora

name

to

be

hereunto

affixed

on

this

the

&~ ,2’

day

~2

(~—~kD.

20

a

(7t~

,

by

its

duly

authorize

officer or agent.

w

Publisher’s

Certificate

THIS

IS TO CERTIFY

that the notice,

a

true

copy of whic

is

hereto

annexed,

was

published

in

The

News-Sun

secular

newspaper

of

general

circulation

in

the

Coun

of

Lake and State

of Illinois,

published

daily except Sundz

in

the

City

of

Waukegan,

Lake

County

and

State

Illinois

by

Fox

Valley

Publications,

Inc.,

a

corporatic

organized

and

existing

under

the

laws

o

ft

Stat

f Illinois,

f

times,

the

‘~

da

__________

AD.

20

~

said

paper

be;,

authorized

by

law

as

a

~oper

medium

for

t.

publication

of

legal

notices

in

said

county.

Tf

publisher does further certify

that

said News-Sun

is

a

new

paper (a) which consists

of not

less

than

four

(4)

pages

printed

matter and

contains

at

least

130

square

inches

printed matter per page; and (b)

which

is

printed through ft

use

of

one

of

the

conventional

and

generally

recogniz

printing processes

as defined by statue;

and (c)

which ann

ally

averages

at least

25

news

content

per

issue

or

whk

annually averages at least

1000 column

inches

of news co

tent

per

issue,

the term

‘news content”

meaning any print~

matter

other than

advertising; and

(d)

which

publishes mi

cellaneous reading

matter, legal or other announcements ar

notices,

and

news

and

information concerning

current ha

penings

and

passing

events

of

a

political,

social,

religioL

commercial,

financial

or legal

nature,

and advertisements

bulletins;

and

(e)

which has

been

continuously published

regular intervals of at least once each week with

a rnrinimu

of 50

issues

per

year

for at

least

one year prior to

the fir

publication of the annexed notice.

By

FOXL

Its

Publication

Fee

$ /c~

?,

~75;~:”

Received payment of above fee of

$

___________________

~I

~/~2

7tf~9

---

35

lll.Adm.Code

811.311(a)(1)

as

applied

to

theOn-Site Landfill at Itsfa-

cility

In Waukegan,

Illinois,

Johns

Manville shall

Install

a gas

management system

it

a

methane concentratIon

greater than

50 percent

of

the

lower

explosive

limit in

air,

is

detected

below

the

ground surface by

a

moni-

toring device

or

Is detected

by an

ambient

air

monitor

located as ciose as possible

to the

boundary line shown

on Figure 7 or the property

line, whichever

is less?

in

lieu

of

complIance with

35

ilI.Adm.Code

811.320(c)(1)

as

applied to

the On-Site Landfill at itsfa-

duty

in Wqukegon,

Illinois,

the

Zone

of

Attenuation,

within which concentrations

of

constituents

in

leachote

discharged

from

the

unit

may

exceed the

applicable

groundwater

quality

stan-.

dard of this Section, Is a vol-

ume bounded

by a

vertical

plane’-located’-as

shown on

Figure

8,

extending

from

-

the

ground

surface

to

the

• bottom

of

the

uppermost

I

aquifer

and

excluding

the

volume occupied

by

the

waste?

•in

ileerot

compliance with

35

llI.Adm.Code

811.318(b)(3)

as

applied to

the

On-Stie

Landfijl atlt~

fa-

cility

In Waukegan,

Illinois,

Johns

Manvilte shall ir~stàll

groundwater

monitoring

wells at the

locations, speci-

fied on the

attached Figure

8.

Those

monitoring

wells

located

along the proposed

Zone

of

Attenuation

boun-

dary

shall

be

considered

Applicable

Groundwater;

Quality

Standards

on

AGQS

wells

consistent

with the requirements of 35

uIl.Adm.Code

811.318(b)(5Y

Any

person

may

cause

a

public hearing to be held

In

the

above-described

ad-

justed standard proceeding

by fiilng

a

hearIn*.~e~uest

with tli~lIlInors~

‘PbtlutrOn

Control

Board. withIn

21

days after tile

date

of the

publication of this

nbtice.

The hedrlhg requestshould

clearly

Indicate

the

docket

numbei.

qr

t~e-

gd~sted

o~th~

Bodr~

iiitnois

Pqllta-

tion

?~yi~i

~~d;

1O0~f1est

Suite

11-500,

Ch1çag~liiInois

60601.

-

*01882

1016

-

---

CERTIFICATE OF SERVICE

The undersigned, an attorney, hereby certifies that he caused the foregoing notice

and certificate ofpublication to be served upon:

Division ofLegal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Peter Orlinsky

Assistant Counsel, Northern.Region

Illinois Environmental Protection Agency

9511

West Harrison Street

Des Plaines, Illinois 60016

Elizabeth Wallace

Assistant Attorney General, Environmental Law

188 West Randolph Street,

20th

Floor

Chicago, Illinois 60601

by placing the same in the United States mail, first-class postage prepaid, this 22~”

day of

October, 2004.

1

Edw

dP.Kenney

3THIS

FILING IS SUBMITTED

ON RECYCLED PAPER