CLERK~SOFFICE

jut.

2

2003

ILLINOIS

POLLUTION CONTROL BOARD

-

STATE OF iLLiNOIS

LOWE TRANSFER,

INC.

and

MARSHALL

)

pollution

Control

Board

LOWE,

)

)

Petitioners,

)

vs.

)

PCB

03-22 1

)

(Pollution Control

Facility

COUNTY BOARD OF McHENRY

)

Siting Appeal)

COUNTY, ILLJNOIS,

)

)

Respondent.

)

NOTICE

OF

FILING

To:

(See attached Service List.)

PLEASE TAKE NOTICE that on this

2nd

day of July 2003, there was filed with the

Illinois

Pollution

Control Board or Hearing Officer,

Respondent’s Certificate of Record

and

Motion

for

Leave to

File

Reduced Number

of Copies,

which

are

attached

and

herewith served

upon you.

COUNTY

BOARD

OF McHENRY COUNTY,

ILLINOIS

By:

~h

f

Charles

F.

Hels

en

One of the attorneys

Charles F.

Helsten

Hinshaw & Culbertson

100 ParkAvenue

P.O. Box 1389

Rockford, IL 61105-1389

815/490-4900

CERTIFICATE OF

SERVICE

I,

the

undersigned

non-attorney,

state that

I served

a copy of the above-described

documents

to

counsel of record

in

the above-captioned

matter via

U.S.

Mail

at One

IBM Plaza,

Chicago,

IL

60611

on or

before 5:00 p.m. on July 2,

2003.

/~

~I~ZttC4A.

J~nette M.

Podlin

x

Under penalties as provided

by law

pursuant to

735

ILCS 5/1-109,

I

certify

that the statements set forth herein

are true and correct.

---

SERVICE LIST

PCB 03221

Bradley Halloran

Illinois

Pollution Control

Board

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

David McArdle

Zukowski, Rogers, Flood &

McArdle

50 Virginia Street

Crystal Lake, IL 60014

---

•

I•

~

~•V~II~I

ILLINOIS POLLUTION CONTROL BOARD

REE

iVED

LOWE TRANSFER

INC, and

MARSHALL

LOWE

)

Il H

‘)

PCB2003-221”~

Petitioner,

STATE OF ILLINOIS

Pollutton

Control Board

COUNTY BOARD of MCHENRY COUNTY, ILLINOIS

)

Respondents

CERTIFICATION OF RECORD ON APPEAL

Pursuant

to

Sections

107304

and

107 308

of the

Illinois

Pollution

Control

Board’s

procedural

rules,

Katherine

C

Schultz,

County

Clerk

of the

County

of

McHenry,

hereby

certifies that

the

documents

enclosed

and

described

in

the

attached

Index to

Record

on

Appeal,

are true

and

correct

copies of the original record

kept on file concerning

the Site

Location Application for the

Northwest Highway Transfer Facility filed

by Lowe Transfer Inc,, with the

McHenry County Clerk’s

Office on

November 20

2002

Dated this~~’~day

of June 2003

•~A~

Katherine

C

Schultz, McHenry~inty

Clerk

JUL 01

‘03 16:03

PAGE.02

---

Index to Record on Appeal

Lowe TransferInc. and

Marshall Lowe

v.

CountyBoard of McHenry County

Illinois

PCB 03-

221

C00001

Applicant Exhibit I

-

Application for Siting Approval, Volume I

C00002

Applicant Exhibit

1

-

Application for Siting Approval, Volume 2

C00003

Transmittal Letter Village of Trout Valley

C00004

Transmittal Letter Village of Lake in the Hills

C00005

Transmittal

Letter Village of Oakwood Hills

C00006

Transmittal Letter City of Crystal

Lake

C00007

Transmittal Letter Village of

Cary

C00008

Certified Mail Public Hearing Notice

C00009-C000l0

Public Hearing Notice

Letter

C0001 1-C00015

Applicant Proof of Filing

C00016-C0001 0

Notice of Public Hearing

C00020-C00023

Certified Notice/Elected Officials

C00024

Proof of Filing

C00025-00039

Sign-Up Sheets for Verbal Public Comment

C00040

Sign-In Sheet for Public Document

Room

C00041 -C00048

Sign-Up Sheet

for Objectors and Other Participants

C00049-00051

Sign-Up Sheets for Verbal Public Comment

C00052

Memorandum

Bright Oaks Condo Association authorized as

Objector

C00053

Hearing Officer Objector

Listing

C00054-C001 30

Public Notice for Pollution Control Facility Siting Committee Meeting for Waste

Transfer Facility Site Visits

C00131-C00146

Certificate of Service Meeting

Notice of McHenry County Board

COOl 46A-C00146W

Meeting Notice

and Certificate of Meeting Notice of Pollution Control Facility Siting

Committee

Meeting

C00147

Pollution Control Facility Siting

Committee Meeting Agenda February 24,

2003

COOl 48

Pollution Control Facility Siting Committee Minutes

December 19, 2002

COOl 50-COOl66

Articles of Rules

and

Procedures Regional Pollution

Control

Facility Committee

McHenry

County, Illinois

COOl 67

Draft Proposed Hearing Rules

and Procedures

COOl 69

I-leering Rules

and Procedures

COOl

72

Motion for

Production of

Documents

C00173

Motion

in Limine Regarding Public Hearing Participation (Withdrawn)

C00175-C00176

Pollution Control

Facility Siting Committee Minutes February 24, 2003

COO 177

Pollution

Control Facility Siting Committee Transcripts

February 24,

2003

1

JUL 01 ‘03 16:03

PRGE.03

---

C00178-C00180

Pollution Control

Facility Siting

CommitteeTranscripts forMarch

1, 2003

COO 181-C00185

Pollution Control Facility

Siting Committee Transcripts for March 3, 2003

000’186-C00190

Pollution Control Facility Siting Committee Transcripts for March 4,

2003

COOl 91-COOl 95

Pollution Control Facility Siting Committee Transcripts for March 6, 2003

CO0196-C0O199

Pollution

Control Facility Siting

Committee Transcripts for March 7

2003

C00200-C00204

Pollution Control Facility Siting Committee Transcripts for March

8, 2003

CO0205-C0021 0

Pollution Control

Facility Siting

Committee

Transcripts for March

11, 2003

C002 1

1-COO2I

5

Pollution Control Facility Siting Committee Transcripts for March 12, 2003

C00216-C00220

Pollution Control Facility Siting Committee Transcripts for March

13, 2003

C00221-C00225

Pollution Control Facility Siting Committee Transcripts for March

14., 2003

C00226-C00227

Pollution Control Facility Siting Committee Transcripts for March

15, 2003

C00228

Pollution Control Facility Siting Committee Transcripts forApril

9, 2003

C00229-C00232

Exhibit List Applicant

C00233

Applicant Exhibit

2

-

Enlarged original color 2-10

(Board)

C00234

Applicant Exhibit

3

—

Enlarged original

2-1

(black & white) (Board)

CO0235

Applicant Exhibit 4

—

Aerial photograph

C00236

Applicant Exhibit

S

—

Correction from

$

20 to

$40

000237

Applicant Exhibit

7

—

Notices

C0O238

Applicant Exhibit 8

—

Solid Waste Association of North America Manual

C00239

Applicant Exhibit

9

—

Solid Waste Transfer in

Illinois Handbook

C00240

Applicant Exhibit

IQ

—

US, EP.A. Waste Transfer Stations Manual

000241

Applicant Exhibit

12

—

Transfer Station zoning

—

aerial

—

Year 2002

C00242

Applicant Exhibit 13

—

Transfer Station zoning

—

aerial

—

Year 2002

wf

pink areas

CO0243-C002~2

Applicant Exhibits

14a,

14b,

14c McHenry County Conservation Deeds

C00263

Applicant Exhibit

15

—

McHenry County Zoning Ordinance

C00277

Applicant Exhibit

16

—

Algonquin

Township Recycling Program

C00281-C00285

Applicant Exhibit

17— Upper Illinois

River Valley DevelàpmentAuthority!

Preliminary ~ondResolution

l\Jo

02-004 and Memorandum of Agreement

000286

Applicant Exhibit

I B

—

Wind Speed Chart

C00287

Applicant Exhibit

19

—

MoHenry County General Highway Map

C00288

Applicant Exhibit 20

—

Metro Transportation Group

—

Miller Report 2/28/03

C00289

Applicant Exhibit

21

—

Map of AuroraINaperville Fox Valley w/ site and

truck routes

C00290

Applicant Exhibit 22

—

Vehicle

Queue at Woodland Transfer Station

C00291

Applican

Exhibit 23

—

Nonhazardous Solid Waste Management and

Landfill Capacity in Illinois for2001

E PA.

2

JUL 01

‘03 16:04

PRI3E.04

---

000292

Applicant Exhibit

24— Nicodem Woodland

Report /

Part

2,0

C00293

Applicant Exhibit 25—Woodland drawing

—

Traffic circulation pattern

3-1

000294

Applicant Exhibit 26

—

Woodland drawing

—

site

plan

000295-000306

Applicant Exhibit 27

—

McI-lenry County Septic Permit

C00307-C0031

1

Applicant Exhibit 28

—

Upper Illinois River Valley Development Authority

Application and supplement

C00312-C00315

Exhibit Lit of the Village of

Cary

C003l6-000325

Village of

Cary Exhibit

I

—

Lawrence

E, Thomas professional qualifications

C00326

Village of Cary Exhibit

2— Thomas Report regarding the local area

hydrogeology

C00327-C00332

Village of Cary Exhibit 3

—

Village of

Cary Groundwater protection needs

Assessment

C00333

Village of Cary Exhibit 4

—

Generalized cross section

—

I

monitoring well

C00334&000334A

Village of Cary Exhibit 5

—

Village of Cary aerial

—

red & blue lines

C00335

Village of Cary Exhibit 6

—

Site

—

red triangle

—

yellow blocks (Board)

C00336

Village of Gary Exhibit 7— Generalized cross section

—

3 monitoring wells

000337

Village of Cary Exhibit

8

—

Man between boxes of water

C00338

Village of Cary Exhibit 9— Kenig, Lindgren, O’Hara, Aboona, Inc. /

Summary Traffic Evaluation

C00339

Village of Gary Exhibit

10— LD.O,T.

/ Design

Manual Chapter 36

C00340

Village of Cary Exhibit

11

—415 ILCS

5/21(d)

C00341

Village of Gary

Exhibit

12

—415 ILCS 5/22 38

C00342-C00393

Village of

Cary

Exhibit

13—

IL,, EPA, letter dated 2/1 8/03 to Mayer,

Brown, Rowe

& Maw

C00394

Village of Cary Exhibit

14

-

N.l

P

C

/ A.D

I

D.

Study

C00395-C00397

Village

of Cary Exhibit

15

—

Resume / Cameron Davis

ç00398

Village of Gary Exhibit

16

—

Davis Report

C00399

Village of Cary Exhibit

17

—

Aerial of subject & surrounding properties

(Three separate maps combined

—

Board)

000400

Village of Cary Exhibit

18

—

Original Photographs

C00401 &COO4OIA

Village of Gary Exhibit 19

—

Village of Cary 2002 Zoning Map (Folded & Board)

C0O402

Village of Cary Exhibit

20

—

Village

of Gary Centennial Comprehensive

Plan

—

Adopted 1992

CO0403

Village of

Cary Exhibit 21

—

Village

of Gary

Comprehensive

Plan

Map 1992

(Board)

C00404&C00404A

Village of Gary Exhibit

22— Plote Development History

in Gary (Folded

& Board)

C00405-C0041 8

Village

of Gary Exhibit 23

—

Village of Cary Waste

Recycling Yard Waste for

the year 2002

3

JUL

01

‘03

15:04

PAGE.05

---

000419

Village of

Gary

Exhibit 24

—

Break Even Distance

10-20 mile radius

map (B~ard)

C00420

Village of Cary Exhibit 25

—

Map of distance of Lowe Enterprise,

Inc. from

Bright

Oaks

C00421

Village of Gary Exhibit 26

—

Original video

C00422

Village of Gary Exhibit 27— Edited

video

000423-C00425

Village of Caiy

Exhibit 28

—

N

Derw Petterson, AICP resume

C00426-C00445

Village of Gary Exhibit 29

—

Petterson Report / Compatibility

wI

Surrounding Area

C00446&C00446A

Village of Cary Exhibit

30

—

Plan

indentifying recreational uses of Hollows

000447&C00447A

Village of Gary Exhibit 31

—

McF-lenrj CountyYear 2010 Land Use Plan

(Portion)

000448

Village of Gary Exhibit 32— David B

Miller resume

C00449-C00453

Village of Gary Exhibit

33

—

Miller Report

C00454-C00456

Village of

Cary Exhibit 34— MSHTO

—

Policy on Geometric Design

of

Highways 2001

(3 pages)

C00457

Village of Gary

Exhibit

35— METRO Report on Woodland June 2003

C00458-C00462

Village of Cary Exhibit

36

—

Andrew

F. Nickodem

resume

C00463

Village of Cary Exhibit

37

—

Nicodem Report

C00464

Village of Cary Exhibit 38— Site Plan

C00465

Village of Gary Exhibit 39— Traffic Plan

C00466&C00466A

Village of

Carj

Exhibit 40

—

Traffic

Plan

5

—

E

-

8 / 2 color

000447&C00467A

Village of Cary Exhibit 41

-

Site Plan

5— E

—2 multicolor

C00468

Village of Gary Exhibit 42

-

Stormwater Management Plan

C00469-CO0474

Village of Cary Exhibit

43

-

Instructions

& application for operating permit

—

I

E P.A

(form)

000475

Village of Gary Exhibit44

—

Kevin W

Sutherland

P

E

resume

C00476-C0O483

Village of Gary Exhibit 45

—

Sutherland Report

C00484-C00590

Village

of Cary

Exhibit

46

—

Chronology, Communications and e-mail

Between Cynthia Grandfield, Assistant State’s Attorney and Chris Burger

Patrick Engineering Inc.

(108 pages)

C00591 -C00670

Village of Cary Exhibit 47

—

Patrick Engineering handwritten calculation

Sheets (80 pages)

C00671-C00769

Village of Gary Exhibit 48

—

E-mails

C00770-C00773

Village of Cary

ExhIbit 49

—

Well log reports

C00774-000776

Village of Gary Exhibit

50

—

I

E P

A. groundwater

section letter dated

11/15/99

4

JUL 01

‘03 16:04

FPGE.06

---

C00777-C00778

Village of Cary Exhibit 51

—API No.

121112410800 well log 4/00

C00779-C00781

Village of Gary Exhibit 52— Use of Tritium in Assessing Aquifer

Vulnerability

C00782

Village of Gary Exhibit

53

—

I

E P A

/

F.O.1..A, Request 3/7/03

C00783-C00852A

Village of Gary Exhibit 54

—

I.E.P,A. /F 0

I

A

Response 2/21/03

C00853-C00883

Village

of Gary Exhibit 55—F 0 l.A. delegation agreement!

1

E

P A

and

McHenry County

C00884

Village of Cary Exhibit

56

—

McHenry County Zoning

Ordinance

C00885-CO1 143

Village of Cary Exhibit 57—

F OI,A. response! Pollution Control Siting

Committee

—

agendas, minutes

& Documents

GOl 144-GOl 146

Village of Cary Exhibit 58

—

Fax cover and letter to State’s Attorney from

Attorney Helsten

COl 147-COI 188

Village of Cary Exhibit 59—F 0 LA. response from County staff

COl 189-001192

Exhibit List

of

Plote

COil ~3-CO1

197

Plote Exhibit

I

—

Conceptual development plan

COl198-001215

Plote Exhibit 2

—

Ordinance formining

C01216

Plote Exhibit 3—Reclamation plan

C01217

Plote Exhibit 4

-

Colored map / aerial

I

blue & red outlines

C01218

Plote Exhibit 5— Proposed storm sewer improvement

C01219

Plote Exhibit 6

—

Letter dated 8/21/01 from SuzAnne Ehardt,

Director

Code Enforcement Officer

001220

Plote Exhibit 7

—

Proposed development plans

C01221-C01224

Plote Exhibit 8

—

Marketing brochure

CDI225

Plote Exhibit 9

—

Preliminary site plan

1/30/03 / Haeger Engineering

CDI226-C01228

Polte Exhibit 10

—

Petition forannexation

2/8/03

COt 229-CO 1232

Polte Exhibit

11

—

Publication notice forannexation 3/1/03

C01233-CO1273

Polte Exhibit 12

—

Groundwater sampling analysis

—

2000

C01274

Polte

Exhibit

13

—

Northbrool

Waste Transfer Site

—

Aerial

(Board)

001275

Polte Exhibit

14

—

Photo from proposed transfer station

looking towards

Residential (Board)

C01276

Polte Exhibit 15

—

Photo

from residential looking towards transfer station

(Board)

C01277

Polte Exhibit

16

—

Tree line residential photo from

rail (Board)

CDI278

Polte Exhibit

17

—

Railroad right of way

photo from

rail

(Board)

C01283-C01285

Bright Oaks Subdivision Exhibit

2—John T. Whitney,

MAL

curriculum vitae

CO1286-003830

Public comment received from

December 2, 2002 through April

14, 2003

5

JUL 01

‘03 16:04

PA6E.0?

---

C0383 I -C03832

Motion for Notice to Appear for Patrick Engineering

C03833-C03834

Motion for Notice

to Appear for Marshall Lowe

C03835-C038.35

Motion to Make Information Available on the Record

C03837-C03838

Motion forAdditional Disclosure on the Record

C033839-C03841

Motion for Site Visit

003842

Express

Mail Filing Date for Village of Gary’s Findings of Fact and

Conclusion of

Law

C03843-C03846

Letter for Mayer Brown

Rowe

&

Maw Regarding

Submission of Additional

Materials for Public Record

C03847-C03848

Notice of Filing Proposed

Findings of Fact and

Conclusion of Law of the Village of

Cary

C03849-G03850

McHenry County Memorandum Regarding the Availability of the Public Record

forViewing

C03851

McHenry County Letter Distributing County Staff Report

C03852-C03992

McHenry County Staff Report

C03993-C04031

Lowe Transfer Inc

and Marshall Lowe Additional

Public Comments

C04032-C04056

Lowe Transfer Inc

and Marshall

Lowe Proposed

Findings of Fact and Conclusion

of Law

C04057-C07235

Memorandum on Behalf of the Village of Gary In Support of Findings of Fact and

Conclusion

of Law

C07237

Pollution Control Facility Siting Committee Transcriptfor April 28, 2003

C07238-C07242

Pollution Control Facility Siting Committee Findings and Recommendation

to the

McHenry County Board Regarding the Proposed Northwest Highway Transfer

Facility

007243

Letter from the

Chairman of the Pollution Control Facility Siting Committee

Transmitting Findaings and Recommendation

to the McHenry

County

Board

Regarding the Proposed

Northwest Highway Transfer Facility

C07244

McHenry County Board Transcript for May 6, 2003

CO7245-G07250

Findings and Resolution of the McHenry County Board Regarding Siting of the

Proposed Northwest

Highway Transfer Station Facility

6

JUL 01

‘03 16:05

PAGE.08

---

RECEIVED

ILLINOIS POLLUTION

CONTROL BOARD

CL1~RR’SOFFrCE

LOWE TRANSFER,

INC.

and

MARSHALL

)

JUL

2

2003

LOWE,

)

STATE

OF

ILLINOIS

)

Pollution

Control Board

Petitioners,

)

)

vs.

)

PCB 03-221

)

(Pollution Control Facility

COUNTY BOARD OFMcH.~NRY

)

Siting Appeal)

COUNTY,

ILLINOIS,

)

)

Respondent.

)

MOTION

FOR LEAVE

TO

FILE

REDUCED NUMBER OF

COPIES

Respondent

COUNTY

BOARD

OF

McHENRY

COUNTY,

ILLINOIS

(“County”),

by its

attorneys

Hinshaw

& Culbertson, hereby

move for

leave to file a

reduced number

of copies of portions of its

record.

1.

On

June

19,

2003, the

Board

issued

its

order accepting this

appeal,

and

directing the County

to file its

record

ofthe

proceedings.

2.

Section

107.304(c) of the Board’s

procedural

rules

requires

the

County

to

file

the

original

and

nine

copies of

all

documents (except

the

transcript)

in

the record.

The

County

seeks

leave to

file only the original of two portions

of the

record,

and only

three

copies of

another

portion.

3.

The

record

contains twenty-two

oversized

exhibits

mounted on

boards.

It

would

be

very

difficult

to

reproduce

those

exhibits

mounted

on

boards.

Thus,

the

County

seeks

leave to

file only the

original

of those twenty-two

exhibits.

---

4.

Additionally, the record contains a videotape. (There

are

two copies of

the

same tape, in different tape formats.) The County seeks leave to file only

the

originals

of that tape.

5.

Finally, there

are

a

number of oversized

exhibits

in the

record

which

are

not mounted

on

boards.

The

County

seeks

leave to

file the

original and

three copies of those oversized exhibits.

6.

The

County will,

of

course,

comply

with the

numerical

filing

requirements

for the remainder of the

record.

WHEREFORE,

the

County

moves

the

Board

for

leave

to

file

only

the

original of exhibits

mounted

on

boards, and

of the videotape; for

leave

to

file

the

original

and three

copies

of other oversized

exhibits;

and

for

such

other

relief as the Board deems appropriate.

Respectfully submitted,

COUNTY BOARD OF McHENRY

COUNTY, ILLINOIS

By:

~

One of its att

rneys ..~L

Charles

F.

Helsten

Hinshaw & Culbertson

100 Park Avenue

P.O. Box 1389

Rockford, IL 61105-1389

815/490-4900

2