DISPOSAL

MANAGEMENT

SYSTEMS,

INC.

7~

7~e~tu~e

Dispatch

420 Cutters Mill

Lane

•

Schaumburg,

Illinois 60195

847-390-0300

www.disposalmanagement.com

847-375-9626

877-4-CONTAINER

Fax:

847-375-9635

Tuesday, June 3, 2003

Illinois Pollution Control Board

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100

W. Randolph St.

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STATE

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Chicago,

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60601

° Utlon Controi

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Attention Ms. Dorthy M. Gunn

Re: #PCB 03-2 10, Objection to Petition for Hearing To Contest Site

Location Approval! Response to Filing ofMay 29,2003

Dear Ms.

Gunn:

We are requesting dismissal ofthe petftiOnsubmitted by the Solid Waste

Agenc\

ol \oi

thLI

ii

C ook

C

ount\

ITEM

#1

-

SWANCC as stated

iii

their letter of December 31,20O2~.”was

foriiiccl in

/9S.~

to

inanagc ~

so/id waste needs otils 2$

member

towns.~

Sill!

:V(

‘C JCYC1f

)/

)L’d

(u/cl thlu/?kkl

~i

long

k’l~i11

~o1id~vas/e

mnal7agL’mnL’nt

plan

in

/ 991.

and

fiLls

since worked

to

implement a

balanced

and environinemiiallv

pro~rani

olsolic/ waste

managenk’ln.~

Exhibit

~A”)

Since the

City of

DesPlaines

is not a member town of SWANCC, we question what reason

SWANCC would have to appeal the application of our recycling facility?

SWANCC is a transfer station, which handles mainly municipal waste; we

process only construction and demolition debris. There is no appreciable

competition between us. However,

SWANCC states on page #2 of their

December 31, 2002 letter”

DMS commits at this time to accept only C&D

debris,

thefacility

would conceivably be approved to accept all municipal

solid waste

(i.e., refuse or garbage), including wastefrom residential and

commercial sources,

in thefuture.”

Does SWANCC consider this facility

a potential competitor? If so, are competitive reasons a legitimate reason to

appeal

a permit? We see no reason why any organization would be opposed

to a facility designed to recycle thousands of tons of material. I have a hard

time understanding why an organization with a

“long term plan to manage

(7

Printedonloo

recycled paper

0

---

solid waste”

and

“an environmentally safeprogram ofsolid waste

management”

would not be in favor of recycling.

Section 40.1(b2) ofthe ACT

states the board

does not need to hear

the

appeal

~f “the petitioner is so located as to not be affected by the proposed

facility.”

Since SWANCC is located 4.5 miles away from our facility, we do

not compete with SWANCC and are located in DesPlaines, a non-SWANCC

town; this appeal should be dismissed.

ITEM

#2 -We disagree with SWANCC’s position that we waived the

statutory review process by continuing to communicate with the City of

DesPlaines.

In item 2A of SWANCC’s filing, the quotation clearly states

that

the City ofDesPlaines

is aware of the Feb

~

sic

deadline. (Deadline

should be Feb

4th)

Also in item 2C they reference the 180-day limit. There

is no doubt that the City of DesPlaines

was aware ofthe deadline date.

As far as DMS was concerned, the last written correspondence we received

from the City

is our exhibit “B” which informs us ofthe scheduled siting

approval meeting at the February 3, 2003 City Council Meeting.

This was

conditional on us responding to their request for comments by January

23,2003.

We did adhere to this request on time, with a hand delivery ofthe

January 22, 2003

letter to Ms. Ruth Broder. At some point during the next

few days Ms. Broder called me, to ask me to fax her a one page letter

requesting an extension for amending our permit application. I initially

agreed to this action. However, after reviewing section 39.2e of the ACT, I

decided not to ask for an extension because ofthe

90 days increase of time

and because we were not asking for a modification to the original permit

application. We indeed were only commenting on SWANCC’s

letter. Never

did we request any changes. I called Ms. Broder and explained these points

to her. Additionally, I called Mr. Schneider to discuss the same points.

This

is reflected in Mr.

Schneider’s e-mail of 1!30!2003(Exhibit7). He even

asked,

“Why

would he have to amend his application?”

The city was aware

ofthe

180-day limit and that we wanted to stick to the

180 day limit. Section

39.e ofthe ACT states

“if

there is no final action by the county board or

governing body of the municipality within 180 days after thefiling of the

requestfor site approval the applicant may deem the request approved.”

It

goes on to say the applicant can request an extension of 90 days, DMS never

asked for an extension, therefore the

180 days stays in affect.

---

The only correspondence in writing that DMS had with the City of

DesPlaines after the February 4, 2002 dead line

is the letter clarifying our

procedures for handling ofunusual waste. This letter was not required as

part ofthe permitting process. Since we do not handle hazardous waste, an

emergency response plan is not required. This is confirmed by Donna Czech

from IEPA to Ms. Chris Woiski on February 4, 2003

in exhibit #10. If the

City has any questions regarding our operation we always respond to their

concerns. We did not make any changes to our original permit request and

therefore,

we received approval February 4, 2003 by default.

After reviewing the copies ofthe e-mail (attachment

#5)

included in the

filing, I noticed there was some confusion as to the date that the

180 days

limit expired. The proper date is February 4,2003 which~is

180 days after

August 6,2002. In SWANCC’s letter ofDecember 3 1,2002, page#1

they

state

“SWANCC is experienced in the operation ofsolid waste transfer

facilities, and is knowledgeable in the process

for

obtaining local siting

approval

in

Illinois.”

Since they are very familiar with the process and they

had a copy of the original permit application dated August 6, 2002, they

should have known of the

180-day limit and filed their appeal within 35 days

ofFebruary 4, 2003. They did not file on time; therefore we request that

their appeal be dismissed.

An additional reason to dismiss this permit is because this permit will be

probably eliminated within the next year. The City of Chicago has sued us in

Cook County Court to condemn our property for the expansion ofO’Hare

Airport.

We will continue to recycle material as long as we are allowed to by

the City of Chicago.

Since Chicago got quick take authority this past

weekend in Springfield, it seams are days at this facility are numbered.

Respectfully,

---

Members

Arlington

heights

Barrington

Buffalo

~rove

~Ik ~rove Village

evanston

~lencoe

~lenvievi

hoffman

estates

Inverness

t~eni!worth

Lincolnwood

Morton Orove

Mount Prospect

lilies

Palatine

Park

F~idge

Prospect heights

~olling Meadows

5kokie

South

8arrington

Wheeling

Wilrnette

c3eorge Van

Dusen

Ch~man,

board of Directors

f~onaldWietecha

Vice Chairman,

8oard of Directors

William

R.

Balling

5ec;etary/Treasurer,

board

of Directors

Ch~ii

man,

~ecutive Committee

• 4

Solid

Waste

Agency

of

Northern

Cook

cou~ity

•

1616 east

C~If.I~oad

Des Plalnes,

Illinois

60016

Phone

(847) 296-9205

f~&jISOFFIcE

(847) 296-9207

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DEC.~1.(2nj~J

j~

l~JO~r~orthwest

Highway

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Des Plaines, Illinois 60016-4498

~

Re:

Public

Comments

on

the

Proposed

Transfer

Station

by

Disposal

Management Systems

To the City of Des Plaines:

The following comments are submitted in response to the transferstation proposed

to be located at

10 1-103 Sell Road in Des Plaines, Illinois. Thefacility is proposed

by

Disposal

Management

Systems,

Inc.

(“DMS”),

which

currently

operates

a

recycling

center

for

construction

and

demolition

debris

at

the

proposed

site.

SWANCC has reviewed the documents comprising the Application for local siting

approval per Section 39.2 ofthe Illinois

Environmental Protection Act (the “Act”),

and believes that

the

applicant

has

~

demonstrated compliance

with

the

nine

criteria

set forth by theAct. The Applicationis grossly inadequate and lacks critical

information for making any determination regarding the suitability ofthe site for use

as asolid waste transfer station. Therefore, SWANCC strongly recommends that the

City of Des Plaines deny this application for local siting approval.

The Solid Waste Agencyof

Northern

Cook

County(“S~~C”)~

e~perienced

in

th~oerations ofsolid waste transfer facilities, a

~ is~ni~wIed~

ble ol theprocesU

for

o~t~ing

iocaf~ling

a~pruva1

in iiiinoi.~~kVANCCwas

formeà ~n ~

to

manage

the solid was~~ee~’~

its

~

member towns. SWANCCjleve1nne’~1

trnrL.

adopted a long-term solid waste hianagementplan in 199

Liiid

has since worked to

rñ~p1ement a

uaia~~.~

a,iu

~,iiviiuiiuieiiIaliy saTe

program~of solid

waste

~ana~ement.

SWAINLU

~J-

~J~11~ers

tne

operating

contract

tor

t

e

WheelingTownship Transfer Station, an 82,000-square foot state-of-the-art facility

located in Glenview.

DMS

is

requesting

approval

to

convert

its

existing

construction

and

demolition

(“C&D”)

debris recycling facility into

a solid

waste transfer station. The DMS

application

for

local

siting

approval

states

that

the

reason

for

the

proposed

conversion is

to

allow the facility to accommodate loads of C&D debris containing

less than

75

percent recyclable materials. For reference, Section

22.38 of the Act

requires that facilities accepting exclusively general C&D debris for transfer shall

‘A

December 31, 2002

C.

Brooke

Beal

brecutive Director

Evaluation of the Application

Www.swancc.org

---

I/I/S

CITY OF

DES

PLAINES

1420 Miner/Northwest Highway

U

Des

Plaines,

Illinois 60016-4498

a

(847)

391-5300

January

16,

2003

Joe Anderson

Disposal Management Systems, Inc.

420 Cutters Mill Lane

Schaumburg, IL

60194

RE:

Request to Establish a Transfer Station at

103

Sell Road, Des Plaines, IL

60018

Dear Mr. Anderson:

Enclosed is a copy ofthe minutes ofthe public

hearing on your transfer station request

held on December 2, 2002.

Following the hearing, the City ofDes Plaines accepted

written public comments for a period of30 business days, ending on January

13, 2003.

During this period, the City received one written response from

the Solid Waste Agency

of Northern

Cook County

(SWANCC).

A copy ofthis response

is also attached for your

information.

~~I~/

Your request for local siting approval has been scheduled for final consideration by the

Des Plaines City Council on February 3,

2

3

t this time, the City Council will vote

wli~ther

to

approve or d1sappro~

~‘our

uest.

To assist

Council

in evaluating your

request, we are requesting that you send us a copy ofyour current Illinois

Environmental

Protection Agency (IEPA) permit by 4:30 p.m., Th~~dav.

Janirnrv2~

2Ofl~

Jflou

wish

to reply to any ofthe issues raised in SWANCC’s written comments or to

add any

~

additional information to your application, please include this information with the copy

ofyour permit.

Your reply should be sent to the Department ofCommunity

Development,

1420 Miner Street, Room 301, Des Plaines, IL

60016.

Please contact me at (847) 391-5381 if you have any questions.

Sincerely,

Ruth Broder

Community Development Coordinator

cc:

William

Schneider, Acting City Manager

Christine Woiski, Keep Des Plaines Beautiful Coordinator

I,

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~DES PLAINES