KEITH

RUNYON

COUNTY OF

KANKAKEE,

a

politic

and

Corporate;

MANAGEMENT OF ILLINOIS,

TO;

See Attached

Service

List

PLEASE TAKE NOTICE

that on February 28, 2003 there caused to be

filed via U.S.

Mail with the Illinois Pollution Control

Board an original and 9 copies of the

following document whic his attached hereto:

PETTITION

FOR

HEARING

TO

CONTEST

SITE

L

ATION

APPROVAL

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~‘

ke

Runyon,Un9is~esider1t

—

STATE OF ILLINOIS

)

)SS.

)

The undersigned, being first duly sworn,

state that

i served a true and correct copy

of the forgoing Notice, together with a copy of each document referred to herein, upon

persons(s)indicated

at their address(es) indicated in the Service List by mailing the same

in

Bourbonnais,

II before the hour our of 5:00 p.m. on the 28th.

day of February,

2003.

SUBSCRIBED and SWORN TO

Before

me this 28t

day of Febru

2003.

Keith

Runyon,

___________________________

Kankakee County Resident

NOTARY PUBLIC

1165 Plum

Creek Drive, Unit

D.

Bourbonnais,

II

60914

Phone (815)

937 9838

BEFORE THE

ILL~1J~

~

CLERK’S

OF1~1CE

MAR

3

2003

Plaintiff,

)

)

)

)

STATE OF IWNOIS

PoIIu~j9ri

~ontrO

)

No.:PCB~,1~

iBoard

)

)

(Pollution Control

Facility

)

Siting Appeal)

)

)

)

)

NOTICE OF FILING

COUNTY

OF

KANKAKEE

“OFFICIAL SEAL

CATHI

DUPUIS

Notary Public,

State of Ilhnois

~

~ommissiopj~4~2006

---

1\

fl

f\

H

CLERK’S

~FF1CE

BEFORE THE

ILLINOI

~

O~JBOARD

MAR

3

2U03

KEITH

RUNYON

STATE OF

ILLIMOIS

Pollution Control Board

Plaintiff,

VS.

No.:

PCB

‘~

-l

COUNTY OF

KANKAKEE,

a body

politic

(Pollution Control

Facility Siting

and Corporate:

KANKAKEE

COUNTY

)

BOARD;

and WASTE

MANAGEMENT OF

)

ILLINOIS, INC.,

)

Defendants.

PETITION

FOR

HEARING

TO

CONTE~STSITE

LOCATION APPROVAL

Now comes Keith Runyon

,

represented by himself and respectfully

requests

a

hearing

to

contest

the

decision

of

the

Kankakee

County

Board

(hereinafter

“County Board”) granting site location approval for a new regional pollution control facility.

In

support of this Petition, Petitioner Runyon

states and alleges as follows:

1.

This

Petition

is

filed

pursuant to

section

40.1

of

the

Illinois

Environmental

Protection Act,

(hereinafter the “Act”) (415 ILCS 5/40.1).

2. On

August

16,

2002,

Waste

Management of

Illinois,

Inc.

(hereinafter “Waste

Management) filed an Application with the County Board for a new regional pollution control

facility immediately adjacent to its existing landfill.

3.

On January 31.2003, following service and publication of notice and

public

hearings conducted before the County Board, the County Board formally approved the

siting request.

A true and correct copy of the decision of the County Board

is attached

hereto and incorporated herein as exhibit “A”.

4.Petitioner Keith Runyon,

appeared and participated in the hearings held before

the County Board as an objector to the request for siting approval.

5. Keith Runyon contests and objects to the County Board’s siting approval

because

the

siting

process

used

by

the

County

Board

in

reaching

its

decision

for

approval

was against the manifest weight of the

evidence as to Criteria viii as set forth with

more particularity in Section 39.2 (a) of the Act:

Specifically, The County and Waste Management failed to comply with the County

Board’s, Solid Waste Management Plan,

(A) Which requires public participation in the selectionof~a

site for a landfill; and,

(B) Which prohibits the siting of a landfill over a major aquifer; and,

(C)Requires a valid host fee agreement be in effect prior to siting a landfill.

WHEREFORE,

Keith Runyon, prays that the Board enter an Order:

A.

Setting for hearing this contest of the County Board’s Siting decision;

---

B.

Reversing the County Board’s siting decision; and

C.

For such other relief as this Board deems equitable and just.

Respectfully Submitted,

Keith Runyon,

BY.

~

Keith Runyon

Kankakee County Resident

1165 Plum Creek Drive, Unit D.

Bourbonnais,

Il 60914

815 937 9838

Fax 815 937 9164

---

KANKAKEE COUNTY BOARD

Decision

Reciardinp the

Application

of Waste Manapernent of Illinois, Inc.

For Local Sitinc~Approval of an Expansion of the

Existing Kankakee

Landfill

Whereas, on

August

16,

2002,

Waste Management of Winds,

Inc. (WMII) filed

an

application for local siting approval for an expansion of Its existing Kankakee L~dfill;

and

Whereas

public

hearings

have

been

held

on

the

application,

before

Hearing

Officer John

McCarthy,

and

public

comments

filed

or postmarked

by January 6,

2003

have

been received;

and

Whereas

the Kankakee

County

Regional

Planning Commission

(KCRPC)

has,

pursuant to

the Kankakee County Siting Ordinance for Pollution Control Facilities (Siting

Ordinance),

considered

the

application

and

the

siting

record,

arid

has

made findings

and

recommendations

to the Kankakee

County Board (Board-); arid

Whereas

the

Board has considered the record

of thesiting

proceedIng,

including,

but not limited to,

the

testimony, exhibits,

and

comment

given

at

the

public

hearings,

the

application, and the

public

comments;

and

Whereas, the Board

has

also

received

and

considered

the recommendations

of

the KCRPC;

and

Whereas

the Board

has

met,

in

a

session

open

to

the

public,

to

discuss

and

consider

WMII’s

application;

Whereas,

pursuant to

state

statute (415 ILCS 5/39.2)

and

the

Siting

Ordinance,

the

Bo;ard

is

to

determine

compliance

or noncompliance

with

the

statutory

criteria

of

Section 39.2 of the Environmental Protection Act;

IT IS HEREBY DETERMINED:

JurisdictIon

The

Board

finds

that

all jurisdictional requirements

have

been

satisfied.

Thus,

the

Board

has

jurisdiction

to

consider

WMH’s application.

Fundamental Fairness

The

Board

finds

that

the

proceedings

have

been

conducted

in

a

fundamentally.

fair mariner.

EXHIBIT

.0

.0

---

Statutory

Criteria

Section

39,2(a)

of

the

Illinois

Environmental

Protection

Act

requires

that

an

applicant for local

sitIng approval demonstrate compliance

with

nine criteria.

Whether

the facillty is

necessary to accommodate the waste needs of the area

it

~sintended

to serve.

The

Board finds that the

proposed

facility

is

necessary to

accommodate the waste needs of the area it is intended to serve.

2.

Whether the facility is so desk~ned,

located, and prpposed to be operated that the

public

health,

safety,

and

welfare

will

be

protected.

The Board

finds

that

the

proposed

facility is

so

designed, located,

and

proposed

to be

operated that the

public

health,

safety,

and

welfare

will

be

protected.

However,

that

finding

is

based upon the imposition of thefollowing special conditions:

a.

There shall be

no vertical expansion ofthe existing facility.

b.

The

lateral

expansion

must

he

considered

a

separate

unit

from

the

existing

landfill,

as

defined

in

35

lU.Adm.Code

810.103,

and

separate

groundwater

monitoring

networks

shall

be

maintained

for the

expansion

and for the existing

landfill.

c

A field verification

must be

performed to

locate

all

private

welts,

currently

used

as

a

source

of

potable

water,

located

within

1,000

feet

of

all

boundaries of the property.

d.

Downgradient

monitoring

well

spacing

in

the

uppermost

aquifer

(regardless

of gradient)

must

be

provided,

where adjacent

potable

water

supplywells are

located in the Dolomite.

e.

The

sand deposits along the south

and east side of the property must be

monitored as potential contaminant migration pathways.

I

The

distance

fronj the

waste

footprint to the

east

property boundary

shall

not be less

than

150 feet.

g.

An

independent

engineer shall

be

on-site

to

observe

the

sand

drainage

layer and

the Initial lift

of waste

placed in

any

new cell.

The engineer shall

report

directly

to

the

County,

and

shall

have

the

authority

to

stop

placement

of

sand

or

waste

during

this

initial

operation

if

he

or

she

observes any condition that would or could damage the bottom

liner.

h.

The

active

face

must

be

kept

at

a

minimum

to

reduce

litter,

vector,

and

odor impacts.

The

active

face

shall

be

a

maximum of

180

feet by

120

feet,

excepting

the

area

allowed

for

random

inspections,

unless

‘an

alternative minimum size is specifically approved by the County

Board.

i.

Trucks holding waste shall not be parked or stored overnightat the facility,

or staged

on

Route

45/52,

or

on

the

right-of-way

outside

of the

landfill

facility.

j.

Fencing

is

required

to

prevent

unauthorized

access.

An eight-foot

high

wooden

or

other

view-obstructing,

County

acceptable

fence

shall

be

constructed

on

the east

side of

the

property

to help block the

view

of the

site.

A

fence

that fully

encloses

the

operation

shall

be

constructed to’

2

---

prevent

access

to

the

site

before

landfill

operations

begin

on

the

expansion.

As

cells

are

developed,

the

fence

shall

be

extended

to

encompass

the waste footprint.

Ic

litter control

is art

important consideration.

The

landfill

operator shall pick

up

litter on a daily basis along

Route 45152 between the landfill and the I-

57 interchange,

as well as

at

least one-quarter mile south

of

the

landfill

along

Route

45152.

If

allowed

by adjacent

property

owners,

the

landfill

operator

shall

remove

any

litter

attributable

to

the

landfill

on

those

adjacent properties

on

a weekly basis.

Perimeter picking on site

shall

be

performed dailyto remove litter

from

trees, fencing, and

berms.

L

Video

recordings of all traffic entering the site shall

be

retained for a period

of

at

least six

months.

The

County

shall

have

the

right

to review

the

recordings within two days of requesting to review a tape.

rn.

Leachate shall not

be recirculated for a

period of at least

four years

after

the

receipt

of

the

operating

permit.

Following

this

period,

the

landfill

operator

may,

if

it

chooses,

petition

the

County

Board

to

recirculate

leachate.

The County Board shall review the operational record

of the site

and obtain advice from an independent technical expert to determine if the

operator

has

demonstrated

that

leachate

recirculation

is

a

safe

and

appropriate method

to

handle

the

ieathate

at

this

facility.

Reasonable

expenses

of

the

technical

expert

shall

be

reimbursed

by

the

landfill

operator.

Leachate may not

be recirculated without The

express approval

of the County Board.

ri.

The minimum number of

random

load inspections shall

be three per week

as

specified

in

state

regulations.

For

any

amount of tonnage

received

above an average of 500 tons per day, the number of inspections shall be

Increased on the following basis:

For each

50~).

ton per day average increase, the number of random

weekly inspections shall he

increased by

two.

For example, ii up to

lOOt)

tons

per

day

average

is

accepted

the

previous

week,

the

week

shall have five Inspections (three inspections for the first 500

tons, and

two for the next 500).

Ifthe weekly rate is 2000 tons per

day, the inspection rate isthree plus two plus two

plus two, to equal

nine random inspections.

After live

years of operation,

the

landfill

operator may

request

a

review

arid

reconsideration of this

random inspection

requirement

by the

County

Board.

The County

landfill inspector shall have

the right to

inspect

and

to

be present at any random load inspection.

o.

The

landfill operator shall

install

a

radiation

detector

at the

scale

house.

The landfill operator shall record any alarm,

and notd~y

the

County

of each

occurrence, the level of radiation detected, and the mannerof response.

p.

The

maximum

height of the

landfill,

and

the

lateral

extent of the

landfill,

shall not exceed the height and lateral extent

shown

on the plans provided

in the application.

3

---

q.

The landfill operator shall build the

berma on the west side of the

property

at least 1,000 feet

in advance of any cell construction, measured

from the

southernmost

coordir~ate of

the

cell.

For

example,

if

the

cells

southernmost coordinate

is S 3500,

then the berm shaft extend

to

S

4500

or

further

south.

The

only

exception

to

this

condition

is

during

the

construction

of Phase I.

r.

The

gas line

that

is to be relocated

shall

be fully sealed

from

any

potential

migration

from

the

landfill.

If the pipeline

is within

200

feet of the waste

footprint,

the trench where the

pipeline

Is removed shall be

sealed with

a

low

permeability

material.

The

construction

shall

be

certified

by

an

independent professional engineer.

s.

Proof

of

each

equipment

operator’s

training

shall

be

provided

to

the

County prior to that operator’s work at the site.

I.

The

landfill

operator shall

not

request

the

use

of

sewage

sludge

as

a

component

of

final

cover

in

Its

JEPA

permit

application

withøut

first

obtaining County Board approval of such use.

u.

An automatic

monitoring

system shall

be

installed to

monitor

the level of

leachate

from

each

leachate

crimp

area.

The

system

shall

record

the

head in the sump such that at no time will the leachate

level be allowed.to

rise above the level that corresponds to one foot of head on the liner.

The

landfill

operator shall maintain

the records

from the automatic

monitoring

system. and

make

those records accessible to the County.

v~.

The.

Kankakee

County

Planning

Director

shall

be

informed~

prior

to

construction,

of the

stormwater

control

planned for each

phase of landfill

development.

The

operator shall

provide

the

Planning

Director

with

a

copy of all correspondence to orfrom the Illinois Environmental

Protection

Agency

related to stormwater detention and runoffcontrol

operations.

w.

Tire

landfill

operator

shall

implement the

complaint procedure

outlined in

the application, including a hot

line

phone number,

to address complaints.

x.

The landfill operatorshall

install and

maintain a double composite liner.

y.

The landfill operator

shall

locate any

farm

drainage tiles

on the property.

and

work

with

the

County

and

appropriate

drainage

districts

regarding

possible removal or relocation

of those tiles.

3.

Whether the facility is located so as to minimize incompatibility with the character

of

the

surround~ri~r

area

and

to

minimize

the

effect

on

the

value

of

the

surrounding

property.

The Board finds

that

the proposed facility is located so

as

to

minimize

incompatibility

with

the

character

of

the

surrounding

area

and

to

minimize

the

effect

on

the

value

of

the

surrounding

property.

However,

that.

finding is based upon the

imposition of the following special conditions:

a.

The landfill operator shall build the

berms on

the vtest side of the property

at

least 1000

feet

in

advance of

any

cell construction, measured

from the

southernmost

coordinate

of

the

cell.

For

example,

if

the

cells

southernmost coordinate

is S 3500, then the berm shall extend

to

S 4500

or

further

south

The

only

exception

to

this

condition

is

during

the

4

---

construction of Phase I.

b.

The area

on

the west side of the

landfill

that has

no

proposed

berming

shall

have

trees

planted

on

the

exterior

slope

of

the

access

road

to

provide a

visual

barrier.

c.

Any vegetation

planted

on

the west side

of the l.~ndfiilas

a

visual barrier

shall be at least ten

feet tall, and

at a density adequate to provide

a visual

barrier.

d.

The distance

from the waste footprint to the

east

property boundary shall

not

be

less

than

150 feet.

e.

A visual barrier independent of the landfill cap shall

be

placed at least ten

feet

in

height above grade at

or near the

east property

line

to

Include

vegetation,

undulating berms, and fencing.

4.

Whether the facility

is

located outside the boundary of the 100 year floodplain, or

•the

site

is fioodproofed.

The

Board

finds

that

the

proposed

facility

is

located

outside the boundary of the 100 year floodplain.

5.

Whether the

plan of operations for the facility Is desirined to minimize the danger

to

the

surrounding

area

from

fire,

spills,

or other

operational

accidents.

The

~oardfinds that the plan of operations for the facility is designed to minimize the

danger to

the surrounding

area

from

fire,

spills,

or

other operational

accidents.

However,

that

finding

is

based

upon

the

imposition

of

the

following

special

condition:

a.

The

landfill

operator shall

install

a

radiation

detector at

the

scala

house.

The landfill operator shall record any alarm, and notify the County of each

occurrence, the level of radiation detected~

and the mannerof response.

&

Whether the traffic patterns

to or from

the facility

are desiqned

to

minimize

the

impact on existing traffic flows.

The Board ‘tlrids that the traffic patterns to orfrom

the

facility

are

designed

to

minimize

the

impact

on

existing

traffic

flows.

However,

that

finding

is

based

upon

the

Imposition

of

the

following

special

conditions:

a.

All

construction

plans

for

the

facility

entrance

shall

be

provided

to

the

County Highway Engineer prior to construction.

The landfill operator

shall

demonstrate

to

the

County that

sight distance

of

at

least

1,015

feet of

visibility

can

be

achieved

by the final

entrance design.

All

improvements

higher

than

three

and

a

half

feet

above

the

elevation

of

the

nàarest

pavement edge shall be set back at least 50 feet from Route 45/52.

b.

The

traffic

site

improvements

identified

in

the

application

must

be

completed prior to operation of the expansion.

c.

The onsite traffic route for the customer convenience area (public drop-off)

should

be

separate

from

the

onsite

traffic

route

designed

for

the

commercial landfill operation.

d.

The

landfill

operator

shall

comply

with

all

use

and

weight

restrictions

---

imposed

on

area

roads

by the

County

Highway Engineer

and/or the Otto

Township

Road Commissioner.

a.

The County

Highway

Engineer shall

be

informed of

the

planned turning

radius of the first onsite curve, and

his approval of that turning radius must

be obtained prior to construction.

f.

Advance

warning

signs

would

be

beneficial

on

Route

45/52,

in

both

directions,

in

advance

of

the

proposed

entrance.

For example,

a

~side-

road

ahead~

symbol

sign,

or

a

ulrucks

Entering

Roadway sign

could

be

posted.

The landfill

operator shall

provide

its

opinion

about

signage

to

IDOT

and to the

County Highway Engineer prior to the operator’s request

for- a construction permit.

g.

The

landfill

operator

shall

notify

IDOT

of

all

concerns

noted

in

these

conditions

when

applying

for

an

Intersection

Design

Study

(IDS).

and

those

concerns

shall be

addressed

in

the oper~ito?sefforts

to

secure

a

construction pern~it.The landfill operator shall provide a

copy of its permit

application to the County Planning Director.

h.

Trucks

shall

not

be staged

outside the

gates

prior

to the opening of the

facility.

i.

The landfill operator

shall develop recommended truck

routes to

and from

the

facility,

using

Interstate

57

and Route 45/52,

and

shall distribute those

recommended routes to trucks

and contractors using the facility.

7.

if

the

facility

will

be

treatin~g. staring

or

disposing

of

hazatdous

waste,

an

emergency

response

plan

exists

for

the

facility

which

includes

notification,

containment

and

evacuation

procedures

to

be

used

in

case

of an

accidental

,reteàse.

The Board finds that the facility will not be treating, staring, or disposing

of

hazardous

waste.

Therefore,

the

Board

finds

that

this

criterion

is

not

applicable.

8.

If the facility

is to

be located

in

a county where the county board

has adopted

a

solid

waste

management plan consistent with the planning

reriuirements of the

Local Solid Waste Disposal Act

or

the

Solid Waste

Planning

and

Recycling Act.

the facility

Is

consistent

with

that

plan.

The

Board

finds

that

the

facility

is

consistent with the Kankakee County Solid Waste Management Plan.

However.

that finding is based upon the imposition of the following special conditions:

a.

The

landfill

operator must

comply with

all obligations

and

responsibilities

of

the

December

21,

2001

Host

Agreement

between

the

County

and

Waste Management of Illinois. Inc.

b.

The

landfill

operator must

employ

independent

appraisers

acceptable

to

the County aspart of the Property Value Guarantee Program.

c.

The Property Value Guarantee Program must

be amended to provide that

the

Program

continues

for

ten

years

after the

included

Property

Owners.

are notified that waste is no longer being disposed of at the facility.

9~

if

the

facility

will

be

located

in

a

regulated

recharge

area~

any

applicakie

6

---

r~g~irements

specific

by the

Board for such

areas have

been

met.

The Board

finds that

the

facility

will

not

be

located in a regulated

recharge area.

Therefore,

the

Board

finds that this criterion is not applicable.

Conclusion

The

Board

finds

that

all

conditions

recommended

in

this

resolution

are

reasonable

and

necessary

to

accomplish

the

purposes

of

Section

39.2

of

the

Environmental Protection AcL

(415

ILCS 5/39.2.)

Because the Board has found

that

all applicable

statutory

criteria

have

been

met,

local siting

approval

for the

proposed

expansion .is granted, subject to

the above-stated conditions.

This Decision made and entered on January 31, 2003.

KARL

A. KRUSE,

CHAIRMAN

ATTEST:

BRUCE

CLARK. COUNTY CLERK

7

---

~~~cEiVED

CLERK’S

OFFICE

MAR

3

2003

STATEOF ILLINOIS

Pollution

Control

Board

Karl

Kruse, Charman

Kankakee CountyBoard

189 F. Court St.

Kankakee, IL

60901

Charles F. Fleisten

Attorney atLaw

P.O. Box 1389

Rockford, IL

61105-1389

Attorney forKankakee CountyBoard

Fax:

(815)

963-9989

Edward Smith

450

East Court St.

Kankakee, IL

60901

Kankakee County State’s Attorney

Fax: (815) 937-3932

L. PatrickPower

Attorney at Law

956 North FifthAvenue

Kankakee, IL

60901

LelandMilk

6903 S.Route

45-52

Chebanse,IL

60922

Donald J. Moran

Attorney at Law

161 N. Clark, Suite3100

Chicago, IL

60601

Attorney for Waste Management ofIllinois

Fax: (312) 261-1149

Bruce Clark

Kankakee County Clerk

189 E. Court St.

Kankakee, IL

60901

Fax:

(815)

939-8831

Jennifer J. Sackett Pohlenz

Attorney at Law

275 W. Jackson Blvd., Suite

1600

Chicago, IL

60604

Attorney for Mike Watson

Fax:

(312)

540-0578

Kenneth A. Bleyer

Attorney at Law

923 W. Gordon Ter. #3

Chicago, IL

60613-2013

Patricia O’Dell

1242 Arrowhead Dr.

Bourbonnais,

IL

60914