BEFORE
THE ILLINOIS POLLUTION CONTROL
BOARV~
~
S
OFFj~~jz’
SOLID WASTE AGENCY OF NORTHERN
)
M,L~y~
COOK COUNTY,
)
2003
)
po~’2?0P
ILLINOIS
Petitioner,
)
~?
Controi BOard
)
v.
)
PCB 03-210
)
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
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”,
and
“Motion
to
Dismiss
Solid
Waste
Agency of
Northern
Cook
County’s Petition for Hearing to
Contest Site Location Approval” 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 attached Service List.
CITY OF DES PLAINES
By:
/~
~
One of its 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 5.
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
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
dl\swancc suit\service list
I~ECEVVIE1D
CLER~ç
‘5
(1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
n~v
IVIM
1
5
2003
SOLID WASTE AGENCY OF NORTHERN
)
STATE OF
ILLINOIS
COOK COUNTY,
)
Pollution
Control Board
Petitioner,
)
)
v.
)
PCB 03-210
)
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
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”,
and
“Motion
to
Dismiss
Solid
Waste
Agency
of
Northern
Cook
County’s Petition for Hearing to
Contest Site Location Approval” 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 attached Service List.
CITY OF DES PLAINES
By:
,~vz-d
/~k/1Ji~
One of its 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
DorothyM. Gunn
Illinois Pollution Control Board
100 W. Randolph Street
Suite 11-500
Chicago, IL
60601
Fax Number:
312/814-3669
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
dl\swancc suit\service list
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
SOLID WASTE AGENCY OF NORTHERN
)
CLERK’S
OFF!CE
COOK COUNTY,
MAY
152003
Petitioner,
)
STATE OF ILLINOIS
Pollution
Control Board
v.
)
PCB 03-210
)
CITY OF DES PLAINES, ILLINOIS and,
)
(Pollution Control Facility
DISPOSAL MANAGEMENT SYSTEMS, INC.,)
Siting Facility)
)
Respondents.
)
SPECIAL AND LIMITED APPEARANCE
I, David
R.
Wiltse,
City Attorney for the
City of Des Plaines,
enter my
Special
and Limited Appearance
and “Motion to
Dismiss Solid Waste Agency ofNorthern Cook
County’s Petition for Hearing to
Contest Site Location Approval” as counsel on behalfof
City of Des Plaines in this matter for the
sole purpose of objecting
to
the jurisdiction of
the Illinois Pollution Control Board over this case.
Respectfully submitted,
~
WdJ~
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
RE
CE
~V
ED
BEFORE
THE ILLINOIS POLLUTION CONTROL BO~J~K’s
OFT~
SOLID WASTE AGENCY OF NORTHERN
)
MAY
152003
COOK COUNTY,
STATE OF
ILLINOIS
Pollution
Control Board
Petitioner,
)
)
v.
)
PCB
03-210
)
CITY OF DES
PLAINES, ILLINOIS and,
)
(Pollution Control Facility
DISPOSAL MANAGEMENT SYSTEMS, INC.,)
Siting Facility)
)
Respondents.
)
MOTION TO DISMISS
SOLID WASTE AGENCY
OF NORTHERN COOK COUNTY’S PETITION FOR HEARING
TO
CONTEST SITE LOCATION APPROVAL
NOW
COMES
the
City of Des Plaines,
an
Illinois
municipal
corporation,
and
home rule entity,
situated in Cook County,
Illinois,
and moves to
dismiss
the Petition of
Solid Waste Agency ofNorthern Cook County (SWANCC) to
allow the filing ofits new
Petition, and states as follows:
1.
The
Illinois
Pollution
Control
Board
is
without jurisdiction to
hear the
Petition for Hearing to
Contest Site Location Approval 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 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
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,
it then
became approved within 180 days ofthe filing with Des Plaines.
F.
The Petition ofSolid Waste Agency ofNorthern Cook County was
filed on April
29,
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.
G.
The
issuance on
March
26,
2003
of a letter confirming
the Des
Plaines City
Council’s vote of February
18,
2003
which
occurred
after the
180
day period expired, is
not the event which triggers the 35-day deadline.
No such
letter can restore a jurisdictional timeline which has already expired.
(See Board
Order between parties as
a result of its
action on April
17,
2003
determining that
it did
not have jurisdiction.)
Once
determined by Order by
the Board
from the
2
same
August
5,
2002
application,
the
doctrine
of
res judicata
bars
the
new
Petition
and the lack ofjurisdiction ofthe Illinois Pollution Control Board to hear
this Petition is clear on its face.
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
of the
Solid
Waste Agency
of Northern
Cook
County,
or
any
motion
to
amend same.
Respectfully submitted,
CITY OF DES PLAINES
By:
~
ne ofits attorneys
David R.
Wiltse
City Attorney
1420 Miner Street
Des Plaines, IL
60016
847/391-5302
Attorney Number 29877
d1\SWANCC suit\motion to contest site location approval
3
DI~sP~1~
MANAGEMENT
SYSTEMS,
IMCI
420 Cutters
MW
Lane
Di~patch
Fax~
Schaumbürg, Illinois 60194
847-884-7676
or 877-4-CONtAINER
847-375-9635
www.dlspos~dmanagomentcom
August
5,
2002
The City ofDes I~’taine5
1420 M~ncr
St.
Des Plaines,
ilL
60016
Attention~
Mx. Bill Schnieder
Re:
103 Sell Rd. Recycling Center
Dear
Mr. Scbiiieder:
Billing
Fax:
841475-9626
630-060-2432
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 the recyclable items. The sorted material is taken offsite for
processlng~Fresently, wc remove from thewaste stream the following items:
*
Pallets
*
Wood
*
Concrete
‘~
Cardboard
*
Bricks
*
Asphalt
*
Steel
*
Aluin~num
*
Clean dirt!
gravel!
sand
The remaining material consist ofmainly drywall and plastic. We currently
recycle
approx.
is
incoming truckloads and 30
tons of recycled material per day. This
material is recovered for a good use, rather than filling
up a landfill.
The
25
that
are not recycled go to a licensed landfill.
Prlnt~d
oT~100
Fuisuant to Section 39.2 of the Environmental Protcction Act ofIllinois Local Siting
Review must address the following items:
a. Applicant must submit details describing the proposed
facility
to demonstrate
compliancewith the following criteria, (please see attachment for detailed
description)
1.
—
This
facility serves a great
need for the surrounding area. By recycling
this
construction material
we are not
only
saving landfill space forfuture generation,
but we are improving the
quality
of life of all
the citizens in
the area. Consider
the benefits we all reap when
we convert brick and concretà 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 pick it
up
right
in Elk Grove. That seemingly minor
difference, reduces
truck
traffic on
our rofids,
reduces air
pollution, fuel consumption,
construction cost,
and
even
broken windshields from
gravel
trucks
on 1-90. There arc 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 publics health,
safety and
welfare.
3.
This facility
is
located in an area
that
iszoned industrial. Nearby
properties
Loclude a paying company,
steel
company, O~IIarc
airport,
wood
recycler, and
many construction storageyards.
Since
the operation is not changing
appreciably we do not expect any change
in
the surrounding properly values.
4.
This site is located outside
of a 100-year flood plain.
5.
This
facility has
a
containment dike
around the entiresorting operation. This
will prevent any discharge ofmaterial to the waterways when
sorting
a load. The
sortingfacility is constructed
ofmasonry block to
isolate a fire
if
it should
occur.
Additionally, because of the small size ofthis fa~llity,
we can not and do not store
large amounts ofany one material for long periods oflime. This greatly
teduces
the risk of accidents.
j
DISPOSAL
MANAGEMENT
SYSTEMS,
INC.
420
Cutters
Mill
Lane
Schaumburg,
Illinois 60194
Dispatch
847-884-7676
or
877-4-CONTAINER
Billing
847-375-9~
Fax:
847-375.9635
www.disposalmanagement.com
Fax!
63fl-9Go..24~
We have been
operating this facility for 2 years under a permitfront
the
state of
Illinois for demolition and constncction recycling centers.
This permit require; us
to
recycle 75
ofthe material that comes into the facility. The permitallows us to
recycle a good amount ofmaterial. However, we could be recycling more tonnage if
it were not for the 75
recycle requirement.
There are certain loads of material that arrive at our site that we have to reject,
because the load may only have 50
recyclable materiaL If we were to dump the
load, wewould not meet our goal of 75.
A typical 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 the load, then the load
is
taken
to
a transferstation for disposal at a
landfill. Instead of½
halfof this load being sent to the crusher to turn brick and
block into gravel, all of it will go to the landfill.
The stateofIllinois
only has
two
categories for this
type
offacility. Either you are a
transfer station or a recycle station with the 75
requirement.
We
are proposing that the City ofDes Elaines 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
recycling and 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
Printed on 1UO
flt,rIn,1