CLERK’S OFFICE
JUN 192003
65299-POH
STATE OF ILLINOIS
BEFORE THE ILLINOIS POLLUTION CONTROL BOARI?YUutbon
Control Bocird
UNITED DISPOSAL OF BRADLEY, INC.,
and MUNICIPAL TRUST & SAVINGS BANK,
as Trustee Under Trust 0799
Petitioners,
No. _________________________
VS.
(Permit Appeal
-
Land)
ILLINOIS ENVIRONMENTAL ROTECTION
AGENCY,
Respondent.
NOTICE OF FILING
TO:
Rene Cipriano, Director
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, Illinois 62701
PLEASE TAKE NOTICE that on June 19, 2003, we filed with the Illinois Pollution Control
Board, the following:
1. Petition for Review of Decision Concerning Denial of a Permit to Modify the
Operating Permit for a Pollution Control Facility, Pursuant to Sections 39.2
and 40;
2. Appearance of Jennifer J. Sackett Pohlenz on behalf of Petitioners, United
Disposal of Bradley, Inc. and Municipal Trust & Savings Bank, Trustee
Under Trust 0799; and
3. Appearance of David E. Neumeister on behalf of Petitioners, United Disposal
of Bradley, Inc. and Municipal Trust & Savings Bank, Trustee Under Trust
0799.
copies of which are attached hereto and served upon you.
Jennifer J. Sackett Pohlenz
David E. Neumeister
QUERREY & HARROW, LTD.
175 West Jackson Boulevard, Ste. 1600
Chicago, Illinois 60604
(312) 540-7000
Attorney Registration No. 6225990
Attorneys for Petitioners
QUERREY & HARROW, LTD.
Printed on Recycled Paper
PROOF OF SERVICE
Alesia Mansfield, a non-attorney, under penalties of perjury states that she served the foregoing
Notice of Filing, along with copies of document(s) set forth in this Notice, on:
Rene Cipriano, Director
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, Illinois 62701
this
~L
day of June, 2003, by or before the hour of 5:00 p.m. via certified mail, return receipt
requested.
//~
C~~L~’~/
Alesia Mansfield
()
Printed on Recycled Paper
CLERK’S OFFICF
65299-POH
JUN 192003
STATE OF ILLINOIS
BEFORE THE ILLINOIS POLLUTION CONTROL
BOAP4flutton Control Board
UNITED DISPOSAL OF BRADLEY, INC.,
and MUNICIPAL TRUST & SAVINGS BAM(,
as Trustee Under Trust 0799
Petitioners,
No.
C ?
VS.
(Permit Appeal
-
Land)
ILLINOIS ENVIRONMENTAL ROTECTION
AGENCY,
Respondent.
NOTICE OF FILING
TO:
Rene Cipriano, Director
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, Illinois 62701
PLEASE TAKE NOTICE that on June 19, 2003, we filed with the Illinois Pollution Control
Board, the following:
1. Petition for Review of Decision Concerning Denial of a Permit to Modify the
Operating Permit for a Pollution Control Facility, Pursuant to Sections 39.2
and 40;
2. Appearance of Jennifer J. Sackett Pohlenz on behalf of Petitioners, United
Disposal of Bradley, Inc. and Municipal Trust & Savings Bank, Trustee
Under Trust 0799; and
3. Appearance of David E. Neumeister on behalf of Petitioners, United Disposal
of Bradley, Inc. and Municipal Trust & Savings Bank, Trustee Under Trust
0799.
copies of which are attached hereto and served upon you.
Jennifer J. Sackett Pohlenz
David E. Neumeister
QUERREY & HARROW, LTD.
175 West Jackson Boulevard, Ste. 1600
Chicago, Illinois 60604
(312) 540-7000
Attorney Registration No. 6225990
Attorneys for Petitioners
QUERREY & HARROW, LTD.
Printed on Recycled Paper
PROOF OF SERVICE
Alesia Mansfield, a non-attorney, under penalties of perjury states that she served the foregoing
Notice of Filing, along with copies of document(s) set forth in this Notice, on:
Rene Cipriano, Director
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, Illinois 62701
this j~ day of June, 2003, by or before the hour of 5:00 p.m. via certified mail, return receipt
requested.
~)
~
//
Alesia Mansfield (i
Printed on Recycled Paper
R~CE~VE~
CLERK’S
OF~’C
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN 192003
UNITED DISPOSAL OF BRADLEY, iNC.,
STATE OF ILLINOIS
and MUNICIPAL TRUST & SAVINGS BANK,
Po~ttonControl
Board
as Trustee Under Trust 0799
No. ~
O~
Petitioners,
(Permit Appeal
-
Land)
V.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
PETITION FOR REVIEW OF DECISION CONCERNING DENIAL OF A PERMIT TO
MODIFY THE OPERATING PERMIT FOR A POLLUTION CONTROL FACILITY,
PURSUANT TO SECTIONS 39.2 AND 40
OF THE ILLINOIS ENVIRONMENTAL PROTECTION ACT
Petitioner UNITED DISPOSAL OF BRADLEY, INC. (“United Disposal”) and
MLTNICIPAL TRUST & SAVINGS BANK, as Trustee Under Trust 0799, by and through their
attorneys, Jennifer J. Sackett Pohlenz and David E. Neumeister of QUERREY & HARROW,
Ltd., files this Petition for a review of the decision of the Illinois Environmental Protection
Agency (“IEPA”) denying the application for a permit to modify Operating Permit, No. 1994-30-
OP, by striking the permit language (specifically one sentence contained in Special Condition•
No. 9) prohibiting acceptance of waste from outside the Village of Bradley, Kankakee County,
Illinois. In further support ofthis Petition, Petitioners state as follows:
1. This Petition is filed pursuant to Section 40(a)(1) of the Illinois Environmental
Protection Act (Act) and Sections 105.200 and 807.205 of the Illinois Pollution Control Board
Regulations.
(415
ILCS 5/40 (2003) and 35 JAC 807.205 (2003)).
2. Pursuant to Section 105.210(a), a copy of the IEPA’s May 15, 2003 written decision
is attached to this Petition as Exhibit A.
Printed on Recycled Paper
3. The subject of the application for a permit to modify an operating permit (“the
application”) is the United Disposal of Bradley, Inc. Transfer Station located in the Village of
Bradley, Kankakee County, Illinois. The application sought to strike language from Special
Condition No. 9, contained in the existing operating permit that purports to prohibit the Transfer
Station from accepting waste from outside the Village of Bradley. The application was denied
by the IEPA.
4.
United Disposal and Municipal Trust & Savings Bank as Trustee Under Trust 0799,
are proper Petitioners pursuant to Section 40 ofthe Act, and Sections 105.200 and 807.205 ofthe
Pollution Control Board Regulations because they filed an application for the modification of its
existing operational permit on April 28, 2003, pursuant to Section
807.205(a),
and the JEPA
denied that permit on May 15, 2003. A copy of the permit application is attached as
Exhibit B.
As such, Petitioners may petition for a hearing and review of the IEPA decision before the
Pollution Control Board pursuant to Section 40(a)(1).
5. Pursuant to Section 105.210(c), the following Paragraphs 6-21, set forth the grounds
for this appeal. The IEPA’s application of certain law to the United Disposal’s application for a
permit modification, and other points of law raised by the IEPA’s actions, require reversal of the
IEPA’s May 31, 2003 decision.
6. The IEPA’s response to Petitioners’ application stated that the application was
deemed not to have been filed because it allegedly failed to set forth information, documents or
authorizations as required by Section 807.205, and further stated that the IEPA’s action may be
considered a denial for purposes ofreview pursuant to Section 40.
2
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7. The IEPA ruled that the application was deemed “not filed” because the JEPA
purportedly had not received all information, documents and authorizations in the form and
content required by Section 807. The IEPA noted the following alleged deficiencies:
1.
“You failed to provide proof of local siting approval as
required by Section 39(c) of the Act (415 ILCS 5/39(c)).
Section 807.207(a) provides in part that the Illinois EPA
shall not grant any permit unless the applicant submits
adequate proofthat the solid waste management site will be
developed, modified or operated so as not to cause a
violation of the Act or Part 807 rules. Your application
only addresses the revision of the operating permit. An
application for supplemental permit to revise the operating
permit is not the appropriate method to remove the
condition in question
(i.e.,
Condition #9 of the operating
permit), since there must also be a corresponding change to
the to the development (DE) permit. The nature of the
request made in the permit application requires that the
applicant provide proof of local siting approval as
described in Section 39.2 of the Act (425 ILCS 5/39.2).
The resolution from the Village of Bradley included in your
application does not conform to the procedures in Section
39.2 ofthe Act and therefore is not sufficient proofof siting
approval as required by Section 39 (c) ofthe Act.”
8. Essentially, the IEPA’s effective denial of the application is based on two points: (1)
the allegation that Petitioners did not submit adequate proof of Section 39.2 local siting approval;
and (2), the allegation that Petitioners sought no corresponding change to their Development
Permit as required to revise an operating permit.
9.
The IEPA’s decision was in error based on certain points of law for the following
reasons:
a. IEPA incorrectly denied the permit application, because: (1) the application
sought only to strike invalid and unconstitutional language from Special
Condition No. 9; (2) Section 39.2 siting approval is not necessary for the
3
Printed on Recycled Paper
modification of an operating permit; and, strictly in the alternative (3), no
permit for the modification of the operating permit was necessary, because that
portion of Special Condition No. 9 for which modification was sought is
unconstitutional, and therefore, invalid, null and void;
b.
No development permit was necessary; and
c. JEPA made an incompleteness determination on the application, pursuant to 35
IAC 807.205, on the forty-fifth, rather than the thirtieth day after its receipt of
the application.
A.
IEPA incorrectly denied the permit application because: (a) the application sought
only to strike invalid and unconstitutional language from Special Condition No. 9;
(b) Section 39.2 siting approval is not necessary for the modification of an operating
permit; and, strictly in the alternative (c), no permit for the modification of the
operating permit was necessary, because that portion of Special Condition No. 9 for
which modification was sought is unconstitutional, and therefore, invalid, null and
void
10.
The language sought to be stricken from Special Condition No. 9 prohibited the
United Disposal facility from accepting waste from beyond the Village of Bradley’s municipal
boundaries, thereby effectively implementing the deleted statutory distinction between a “non-
regional” and a “regional” facility. The IEPA’s decision was, therefore, incorrect on several
grounds, because the distinction between a “non-regional” and “regional” facility is no longer
valid. As a matter of law, the facility may accept waste from beyond the Village of Bradley’s
municipal boundaries because the distinction between “regional” and “non-regional” facilities
that previously prohibited “non-regional” facilities from accepting waste beyond certain
geographic limits no longer exists. Therefore, initially, the IEPA incorrectly denied the permit
application because the application sought only to strike that invalid and unconstitutional
language from Special Condition No. 9.
4
Printed on Recycled Paper
11.
Second, proof of Section 39.2 siting approval was not necessary for the modification
of the operating permit, it is only required, in this instance, for the initial development of the
facility. Since this Transfer Station was already constructed and developed, modifying its
operating permit to delete language imposed under an unconstitutional statutory structure or
repealed provision of a statute does not require site location approval. Similarly, this is so
because, as a matter of law, the facility may accept waste from beyond the Village of Bradley’s
municipal boundaries because the distinction between “regional” and “non-regional” facilities
that previously prohibited “non-regional” facilities from accepting waste beyond certain
geographic limits no longer exists.
12. Finally, and alternatively, no permit for modification of the facility’s operating
permit was necessary because, as previously stated, that portion of Special Condition No. 9
sought to be modified is unconstitutional, and therefore null and void.
13. That portion of Section 39.2 that prohibited certain facilities from accepting waste
from beyond certain geographic limits is unconstitutional.
See, e.g.,
Tennsv, Inc. v. Gade.
1993
U.S. Lexis 10403, 24 E.L.R. 20019. (S.D. Ill. 1993). Section 39.2 violates the Commerce Clause
of the United States Constitution as applied to the United Disposal facility because that Section
curtails the movement of articles in commerce through subdivisions of the State of Illinois.
Id.
That Section is unconstitutional as to the subject permit application and denial because it
prohibits the facility from handling waste (undisputedly an article that moves in commerce) from
outside the boundaries of the Village ofBradley.
14.
For those reasons, the IEPA’s denial of the requested permit, effectively ruling that
the United Disposal Bradley facility could only continue to accept waste from within the Village
5
Printed on Recycled Paper
of Bradley’s municipal boundaries, was incorrect.
The ruling was an unconstitutional
application ofSection 39.2 in that it curtailed the movement of articles in commerce.
B.
No Development Permit was necessary
15. In its denial of
the permit application, the IEPA apparently takes the position that no
operating permit can be modified unless a Development Permit is also obtained. This position
and the associated ruling does not account for the fact that Section 39.2 is unconstitutional as
applied to the any permit requirement that restricts the movement of waste in commerce between
states or the subdivisions of states.
Tennsv v. Gade, supra.
16.
Because Section 39.2 is unconstitutional in that regard, United Disposal was not
required to modify its operating permit. Thus, any requirement that United Disposal also had to
obtain a Development Permit to effect that modification is moot, since no modification of the
permit pursuant to Section 39.2 was necessary.
17. Additionally, since the geographic restriction sought by United Disposal to be
removed prom or found invalid in the operating permit, had no bearing on the physical
construction ofthe facility, to which no change is sought, no change is or should be required.
18.
Finally, and in the alternative, even if, technically, a change to or invalidation of the
subject condition in the development permit is necessary, United Disposal can file an application
for such modification, without prejudice to it or to this proceeding, and prays that, should this be
the determination of the Illinois Pollution Control Board, that this matter is remanded to the
IEPA to review with such a development permit application.
6
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C.
IEPA did not rule on United Disposal’s application until 45 days, rather than 30
days after the application was submitted
19.
Pursuant to 35 IAC 807.205, the IEPA is under certain time constraints in ruling on
an operating permit application, or in this instance an application to modify an existing operating
permit. If the IEPA denies an application for an operating permit or modification ofan operating
permit on the grounds that the application is incomplete, then such a denial must be
communicated within thirty (30) days of receipt of the application. If the IEPA does not notify
an applicant that an application is incomplete within that 30 days, then the application is deemed
to be complete as a matter of law. 35 IAC 807.205(f).
20. If the IEPA denies a permit on grounds other than incompleteness, then the denial
must be communicated to the applicant within 45 days of the receipt of the application.
Id.
21. According to the IEPA’s notification of its ruling on Petitioners’ application, the
IEPA received the application on March 31, 2003.
22. The IEPA’s notification letter states the grounds for its ruling as follows:
“The subject application for permit is deemed not to have been
filed because it fails to set forth information, documents or
authorizations as required pursuant to Title 35, Illinois
Administrative Code (hereinafter 35 Ill.Adm. Code), Section
807.205. This action may be considered a denial for purposes of
review pursuant to Section 40 of the Illinois Environmental
Protection Act (Act) (415 ILCS
5/40).”
23. Those grounds indicate that the denial is based on the alleged incompleteness of
Petitioners’ permit application rather than on the substance ofthe application itself.
24. The IEPA’s response to Petitioners’ application was not sent until May
15,
2003
—
a
full 45 days after the March 31, 2003 receipt ofthe application.
7
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25. Because the Petitioners’ operating permit application was denied on the basis of
incompleteness, IEPA’s notice ofincompleteness was required to be sent no later than April 30,
2003. 35 IAC 807.205(f)
26. Because the IEPA’s notice of incompleteness was not sent until May
15,
2003
—
more than 30 days after receipt of Petitioners’ application
—
the application is deemed to be
complete as a matter oflaw, and should therefore be deemed granted in all respects.
WJ-IEREFORE, Petitioner, United Disposal of Bradley, Inc. and Municipal Trust &
Savings Bank as Trustee Under Trust 0799, respectfully request the Board enter an order: (a)
finding that the IEPA’s denial of the application for permit modification was incorrect because
the modification requested only the striking of otherwise unconstitutional language from Special
Condition No. 9 and reversing that denial, andlor alternatively, finding that Section 39.2 siting
approval was not necessary for the modification of an operating permit, and/or alternatively,
finding that approval of its permit application pursuant to Section 39.2 was not required because
Section 39.2 is unconstitutional as applied to the facts of United Disposal’s application; (b)
alternatively, finding that United Disposal did not require a Development Permit due to the fact
that no modification of its operating permit was required, and that any denial of the application
based on the lack of a Development Permit is moot, or, alternatively, no change in the
development permit was required or, alternatively, remanding this matter to the IEPA for
Petitioners to file a development permit; (c) alternatively, finding that the United Disposal
application is deemed to be complete as a matter of law based on IEPA’s notice of
incompleteness sent more than 30 days after receipt of the application, and that the application
and subject permit is therefore deemed granted; and (d), providing such other and further relief
as the Illinois Pollution Control Board deems appropriate.
8
Printed on Recycled Paper
Dated: June 19, 2003
Respectfully submitted,
Jennifer J. Sackett Pohlenz
David E. Neumeister
Querrey & Harrow, LTD.
175 W. Jackson Blvd., Suite 1600
Chicago, Illinois 60604
Phone: (312) 540-7000
Fax: (312) 540-0578
Doc. No.: 833600
UNITED DISPOSAL OF BRADLEY, INC. and
MUNICIPAL TRUST & SAVINGS BANK, AS
TRUSTEE UNDER TRUST 0799
9
Printed on Recycled Paper
ILLINOiS ENVIRONMENTAL PROTECTION AGENCY
217/524-3300
May 15, 2003
1021
No~m
CRA~DA’./~NLJ~EAST, P.O. BO~19276, 5~PJ~C~taLO,kLi~OS62794-9276
~
R.
T~OM~ON
C!NTt~,
100 WEST
~OL?t-~,~
11-300, C~c..co,IL 6060~
ROD R. BLACO1~VICH,GOv~a~,O~
RENEE C?~A,’~O.DIRECTOR
Certified Mail
7099 3400
O~T49526
2232
7099 3400 0014 9526 2249
Owner
Municipal Trust & Savings Bank
As Tru.stee under Trust
0799
Contact: Merlin Karlock
P.O. Box 146
Bourbonriais, Illinois 60914
Re:
0910200013
--
Kankakee County
United Disposal ofBradley, Inc.
Date Application Received: March 31, 2003
Log No. 2003-101
Permit File
Dear Mr. Karlock and Mr. Watson:
Oper~.tor
United Disposal. ofBradley, Inc.
Michael Watson, Presidedt
1000 E.
Liberty
Bradley, illinois
60915
This
letter responds to
the application for permit to modify the operating permit you submitted on
the date shown above.
The subject application for permit i3 deemed not to have
been
filed because it fails to set forth
information, documents or authorizations a~reçuired pursuant to Title 35, Illinois Ad.minis~ative
Code ~hereina1~er35111. Adm. Code), Section 807.205. This action may be considered a denial
for purposes ofreview pursuant to Section 40 ofthe Illinois Environmental Protection Act (Act)
(415 ILCS 5.40).
Section 807.205(f) of 35111. Mm. Code states that art application for permit shall riot be deemed
filed until the Illinois EPA has r~ceiv~dall information, documents and authorizations in the
form and with the contents required by the Part ~07rules.
The foIo~ngdeficiency is noted at this timC:
You
failed to provide proofof local siting approval as required pursuant to Section 39(c)
of the Act (415 ILCS
5139(c)).
Section 807.207(a) provides in
part that the illinois EPA
shall not grant any permit unless the applicant Submit3 adequate proof that the solid waste
managernetit Site ixill be developed, modified or operated so as not to cause a violation of
the Act or Part S07 rules. Your application only addresses the revision ofyour operating
permit. An application for suppiemenai permit to revise the operating permit is not the
—
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EXHIBIT
A.
Page 2
appropriate method
to
remove the condition in question (i.e., Condition #9 ofthe
operating permit), since there
must also be a corresponding change
to the development
(DE) permit. The nature ofthe request made in the permit application requires that the
applicant provide proof oflocal siting approval as described in Section 39.2 ofthe Act
(415 ILCS 5/39.2). The resoh.rtion from the Village ofBradley included in your
application does not conform to the procedures in Section 39.2 of the Act and therefore is
not sufficient proofof siting approval as required by Section 39(c) ofthe Act.
Due to the deficiency noted above the illinois EPA has not performed a technical review ofthe
application. The technical review may reveal that the Illinois EPA needs addStional information,
or result in denial ofpermit.
Within 35 days afterthe date of mailing of the Illinois EPA’s final decision, the applicant may
petition for a hearing before the Illinois Pollution Control Board to contest the decision of the
Illinois EPA, however, the 35-day period for petitioning for a hearing
may be extended for a
period of time not to exceed 90 days by written notice provided to the Board from the applicant
and the illinois EPA withinthe 35-day initial appeal period.
LI’ you wish to seek an extension of the time period for petitioning for a hearing, send a request
for such an extension to John Kim,
Assistant
Coun.sel,
illinois EPA, 1021
North Grand Avenue
Eart, P.O. Box 19276, Springfield, Illinois 62794-9276.
Arty resubmission ofthe permit application should be a complete application without referencing
previous submissions. Any questtonS or requests tor assLstance may be directed to Sallie
S2rin~erat 21 71524-3293 or the address above.
Since~~
~j
Joyce L. Munie:
~TL/~
P.E.
Manager, Permit Section
Bureau of Land
JLM:~:bjh\032304s.doc
cc:
John
Bevis,
Kankakee County
Health
Deparoitent
—UNITED----
DISPOSAL
1000 E. LIBERTY
*
P.O. BOX 179
*
BRADLEY, ILLINOIS 60915
*
933-0081
March 27, 2003
Illinois Environmental protection Agency
Bureau of Land, Permit Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794—9276
Re: ~pplication for Modification to Operation Permit 1994-30-OP
Dear Madam or Sir:
I am enclosing a General Application (LPC-PA1) form seeking
to modify a portion of Special Condition *9 of the above referenced
operating permit. The enclosed application requests the deletion
of the following sentence currently included in Special Condition
*9: “No waste generated outside the municipal boundaries of the
Village of Bradley may be accepted at this facility.” This is the
only modification to the permit being requested in the enclosed
application. The application seeks no modification to the physical
structure or property boundaries of the currently permitted facility.
This facility is located in the municipal boundaries of the
Village of Bradley, Illinois. Although United Disposal of Bradley,
Inc. can find no legal requirement that it seek~approval of the
modification requested in the enclosed application from the Village
of Bradley, it has sought and received, by unanimous resolution of
the Village of Bradley, the Village’s support for the requested
operating permit modification. I am enclosing a copy of that
resolution with the permit application.
Please contact me upon your receipt and initial review of the
enclosed application to let me know whether it is complete.
Additionally, if you have any questions, please do not hesitate to
contact me. I look forward to discussing this application with you
in the near future.
Sincerely,
Mic ael Watson
President
United Disposal of Bradley, Inc.
EXHIBIT
COMMERCIAL
*
INDUSTRIAL
*
RESIDENTIAL
E1~
County: Kankakee
ILLiNOIS ENViRONMENTAL PROTECTION AGENCY
1021
NoRm G~ND
AVENUE EAST,
P.O.
Box
19276, SPR(NGF~ELD,IWNOIS
62794-9276
RENEE CIPRIANO,
D1RECTOR
General
Application
for Permit (LPC.PA1)
This form must be used for any application for permit, except for landscape waste composting or hazardous waste management facilities
regulated in accordance with
RCRA, Subtitle C
from
the Bureau ofLand. Oneoriginal and two (2)
photocopies, or three (3)
if applicable, of all
permit application forms must
be
submitted. Attach the original and appropriate number of copies of any necessary plans, specifications,
reports, etc. to fully support and describe the activities or modifications being proposed. Attach sufficient information to demonstrate
compliance with all applicable regulatory requirements. Incomplete applications will be rejected. Please refer to the instructions for further
guidance.
Note:
Permit applications which are hand-deliveredto the Bureau of Land, Permit Section must be delivered to 1021 North Grand Avenue
~
between the hours of 8:30 a.m. to 5:00 p.m., Monday through Friday (excludingState holidays).
Please type or print legibly.
I.
SITE IDENTIFICATION
Name: United Disposal of Bradley.
Inc.
Site#(I11inoisEPA):~~JQ.2_.~~.Q..L_.i
Physical Site Location (street, road, etc.):
1 000 B. Liberty
City, Zip Code:
Bradley,
60915
_______________________________________
Existing DE/OP Permit Nos. (if applicable):
1994— 306 —Q ~
II.
OWNERIOPERATOR IDENTIFICATION
OWNER
OPERATOR
Name:
Municipal Trust & Savings Bank United Disposal of Bradley, Inc.
Address:
as Trustee under trust 0799
_____________________
P.O. Box 146
1000 E. Liberty
Bourbonnais, IL 60914
Bradley, IL 60915
ContactName: Merlin Karlock
Michael Watson
Phone#:
(81)5 935—8000
~15) 933—0081
III.
PERMIT APPLICATION JDENTIFICATION
TYPE
SUB?vIISSIONIREVIEW PERIOD:
___________
_________
_New
Landfill/180
days (35 IAC Part
813)
—
Landfill Expansion/ISO days (35
IAC
Part 813)
—
Sign. Mod to Operatel9o days (35
IAC
Part 813)
_Other Sign. Mod/90 days
(35
IAC
Part
813)
—
Renewal
of Landfill 90 days
(35
IAC Part
813)
—
DevelopmentalJ9odays (35 IAC Part 807)
Operating/45 days (35.JAC Part 8~7)
~~
—
Permit Trapsfef
/90
¶lO.Ys 4~pS
J~q~Part807~
—
R~ne~v~l~f
~pe
b~ita
t~3~~Part807)
__________________
~
~
i~OT
Y~’
DESCRIPTION
OF
THIS
PERMiT REQUEST:
(Include a brief narrative description here.)
TYPE FACILITY:
—
Landfill
—
Land Treatment
X Transfer Station
—
Treatment
—
Storage
Incinerator
—
Coniposting
X Recycling/Reclamation
Other (Specify)
TYPE WASTE:
~ General Municipal Refuse
—
Hazardous
—
Special (Non-hazardous)
—
Chemical Only (exc. putrescible)
~.
Inert
Only (exc. chemical
and
putrescible)
—
Used Oil
—
Potentially
Infectious
Medical Waste
~ Landscape Waste
Other (Specify)
Revise condition
~9 on oerm-ib 1994—~O—OP f-r
~
~-h~
F~11~winG
sentence “No waste generated outside t1-i~
municipal
boundaries
of
the Villace of Bradley may he
accepted at this facility.”
GEORGE H. RYAN, GOVERNOR
•fltiu Agency i~authorized to require tirir infon~flunder
Revised Stuzures, 1979, Ompter
Ill
~,
Sectiun 1039. Diu
of this mIbmuits~nis requced under that 5ccr~o.Fuilure tc
ouzy prevent this
form from
king processed and unuld
reul~
~zur applicatisn being deniul. Thu fonoban been a~prov~
IL 5321857
Forrin
Mu
getncnt Center.
r,~j
R~~’y~i
Fl)
PAPER
EXCULPATORY
RIDER
This instrument is executed by Municipal Trust and Savings Bank,
as
Trustee under the~rovisions
ofa Trust Agreement dated
()~)
9
~
and known as Trust
no. .t2
~1
not personally, but solely as Trustee aforesaid, in the exercise ofpower and authority conferred upon
and vested in it as such Trustee. This instrument
is
executed and delivered by the Trust solely in the
exercise of the powers expressly conferred upon the Trustee under the Trust and upon the written
direction ofthe beneficiaries and/or holders ofpower ofdirection ofsaid Trust and Municipal Trust
and Savings Bank, warrants that it possesses fl.ill power and authority to execute this instrument.
It
is expressly understood and agreed by and between the parties hereto, anything herein to the contraiy
notwithstanding, that each and all ofthe representations, warranties, covenants, undertakings and
agreements herein made on the part of the trustee while in form purporting to be the said
representations, warranties, covenants, undertakings and agreement of said Trustee are each and
every one of them not made with the intention ofbinding Municipal Trust and Savings Bank, in its
individual capacity, but are made and intended solely for the purpose ofbinding only that portion
of
the Trust property specifically described herein. No personal liability or personal responsibility is
assumed by or nor shall at any time be asserted or enforceable against the Municipal Trust and
Savings Bank on account of any representations, Warranties, (including but not limited to any
representations andlor warranties in regards to potential and/or existent Hazardous Waste) covenants,
undertakings and agreements contained in the instrument, (including but not limited to any
indebtedness accruing plus interest hereunder) either express or implied or arising in any way out of
the transaction in connection with which this instrument is executed, all such personal liability or
responsibility, if any, being expressly waived and released, and any liability (including any and all
liability for any violation under the Federal and/or state Environmental or Hazardous Waste laws)
hereunder being specifically limited to the Trust assets, ifany, securing this instrument. Any provision
ofthis instrument referring to a right ofany person to be indemnified or held harmless, or reimbursed
by the Trustee for any costs, claims, losses, fines, penalties, damages, costs of any nature including
attorney’s fees and expenses, arising in any way out of the execution of this instrument or in
connection thereto are expressly waived and released by all parties to and parties claiming, under this
instrument. Any person claiming or any provision ofthis instrument referring to a right to be held
harmless, indemnified or reimbursed for any and all costs, losses and expenses of any nature in
connection with the execution ofthis instrument, shall be construed as only a right ofredemption out
ofthe assets ofthe Trust. Notwithstanding anything in this instrument contained, in the event ofany
conflict between the body ofthis exoneration and the body ofthis instrument, the provisions ofthis
paragraph shall control. Trustee being fully exempted, nothing herein contained shall limit the right
of any part to enforce the personal liability ofany other party to this instrument.
State of Illinois
SS
County ofKankakee
CERTIFICATE
I, Gail Schultz, Deputy Village Clerk ofthe Village of Bradley, Illinois, do
hereby certify that the attached is a true and correct copy ofthe original on
file in the office of the Village Clerk.
Resolution R-3-03-4 passed and approved by the President and Board of
Trustees on the 24th day ofMarch 2003.
Gail”Schultz, beputy ~,Liage Clerk
Date
(Seal)
RESOLUTION NO. R-3-03-4
WHEREAS, United Disposal ofBradley, Inc., has applied for a Supplemental Operating
Permit to the fllinois Environmental Protection Agency concerning its operation ofthe transfer
station located on Liberty Street, in the Village ofBradley, illinois; and
WHEREAS, United Disposal ofBradley, Inc., seeks support ofthe Village ofBradley
and approval ofthe Supplemental Operating Permit; and
WHEREAS, United Disposal ofBradley has obtained its permit to construct the transfer
facility, has obtained a permit to operate the facility from the Village ofBradley, and has been
operating the facility since that time; and
WHEREAS, condition number 9 of its operating permit states that United Disposal of
Bradley, Inc. may not accept any waste generated outside the municipal boundaries ofthe
Village ofBradley; and
WHEREAS, United Disposal of Bradley, Inc. currently has customers outside ofthe
Village of Bradley and it is necessary to request the amendment of condition number
9
in order
to maintain a viable business; and
WHEREAS, the viability ofthebusiness ofUnited Disposal ofBradley, Inc. is ofinterest
to the municipal government and to the citizens ofthe Village ofBradley due to the fact that
United Disposal ofBradley, Inc. is the waste hauler ofthe municipal government ofthe Village
ofBradley serving all residential citizens ofthe Village ofBradley.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AN) THE BOARD
OF TRUSTEES OF THE VILLAGE OF BRADLEY that its does support the request of United
Disposal of Bradley, Inc. to amend its operating permit to repeal condition number 9 of the
operating permit ofUnited Disposal ofBradley, Inc.
TRUSTEES:
Robert 0. Martin:
Aye-~
Nay-
—
Absent-_
Robert Redmond:
Aye
-
..~i.
Nay
- —
Absent
- —
Bruce Adams:
Aye
-
.X..
Nay
- —
Absent
- —
Dennis Coy:
Aye
- ~
Nay
- —
Absent
- —
Caryl Wadley-Foy
Aye
-
J(
Nay
- —
Absent
- —
George Dagnan
Aye
- ..~
Nay
- —
Absent
- —
Jeny Baithazor:
Aye
- —
Nay
-
Absent
-
TOTALS:
AYE
-
NAY
-
~2
ABSENT
-
C
APPROVED this ~
q
~ day of____________
03.
Je
/
Balthazor, Pre~lentofthe Board of
Trustees ofthe Village ofBradley
Michael J. LaGesse, Village Clerk
ILLINOIS Et’~VIRONMENTALPROTECTION AGENCY
1021 NORTH.GRAND AVENUE E.~sT,
P.O.
Box 19276,
SPRINCFIEI.D,
ILLINOiS 62794-9275
RENEE CIPRIANO, DIRECTOR
NOTICE OF APPLICATION FOR PERMIT TO MANAGE WASTE (LPC.PA16)
Date:
M
Ff12
C
1~
~
‘2
003
To Elected
Offlthals and Concerned Citizens:
The purpose
of this notice is to
inform
you that
a permit
application
has been submitted
to the EPA,
Bureau
ofLand, for a
solid
waste
project
described below.
You
are
not
obligated to respond
to this notice, however, if you have any
comments, please submit
them in
writing to
the address below, or call the
Permit
Section at 217/524-3300, within
twenty-one
(21) days.
Illinois Environmental
Protection
Agency
Bureau
of Land, Permit Section (#33)
1021 North
Grand
Avenue East, Post Office Box 19276
Springfield, Illinois 62794-9276
The
permit
application, which is
identified
below, is for a project described at the
bottom
of this page.
SITE
IDENTIFICATION
SiteName:tiflited
Disposal
~f Br~1~v. Tiir-’
Site #(IEPA):
oqi
0200013
Address: 1000 E. Liberty
TYPE FACILITY:
County:
—
Kankakee
TYPE WASTE:
New Landfill
Landfill Expansion
First Significant
Modification
Significant
Modification
to Operate
Other Significant
Modification
Renewal
ofLandfill
Developn~nt
Operating
Supplemental
Transfer
Name Change
Generic
x
Landfill
Land Treatment
Transfer Station
Treatment
Facility
Storage
Incinerator
Composting
RecyclingIReclamation
Other
DESCRIPTION OF PROJECT:
Revise condition *9 on permit 1994—30—OP to delete the following
sentence
“No
waste gene~rated outside the municipal boundaries
of
the Village of Bradley may be accepted at
this :facility.”
Please retain a copy
for
your
own use.
GEORGE
H.
RYAN,
GOVERNOR
T~Ag~y~ auiI
I
k)
g~MU~~
iI~üi~ii*
N~
I1~
L.wu~d~
1979.
c~v~r
IIIY~S~*i*
1039. p~k~
u(t~
~kini~i* ~
.~I
*i~~d~S~’..F.~’*idu
~1 P’~
th~~xm~ombâig
piu~i ~~áI i~k
I
~
,p~
City;
1~r~d1~v
TYPE PERMIT
SU~MISSIONS:
_______
General Municipal Refuse
X
_____
Hazardous
_____
X
Special (Non-Hazardous)
Chemical Only
________
(exec.
putrescible)
Inert
Only
_______
(exec.
chem. &
putrescible)
_____
Used Oil
_____
Solvents.
LandscipelYard Waste
_______
Other (Specify
x
x.
x
jab’i0027I
Ip~
IL 532
0334
E~ (140 Rev. AuQ-99
STA~OF ñiN~!s~,••~
,
~
: ~
SS:
TO;~
Debbie HalvorSOn
State Senator
241 W. Joe Orr Rd.
Chicago Heights, IL 60411
Phil Novak
State Representative
135 S. Schuyler
Kankacee, IL 60901
States Attorney
Kankakee County
450 E. Court St.
Kankakee, IL 60901
Karl Kruse
County Board Chairman
189 E. Court St.
Kankakee, IL 60901
Village of Bçadley
Village Clerk
147 S. Michigan
Bradley,
IL 60915
City of Kankakee
City Clerk
385 E. Oak
Kankakee,
IL60901
Village of BourbonnaiS
Village
Clerk
700 N.W. Main
BourbonnaiS, IL 60914
Village of Aroma Park
Village Clerk
2200.S. Lowe Rd.
Aroma Park,
IL 60910
/
/
Bruce Clark
Kankakee County Clerk
189 E. Court St.
Kankakee, IL 60901
I,
Jana GlenzirtSki.
_____________
•~rifythatI
• served a copy of the attachcd Notice of Application form Permit to
Managc WaI3te
and
this
Certificate of
Service,
via
certitied mail, return receipt reque~,tedfrom thc mailbox located at
____
P.O. Box 179
Bradley
Illinois, to the pcrSOflSJCfltltles identified
above, at
or prior to
the hour oC5;00 p.m. on March
28
.2003, with proper
postage prepald.
Dated: March 28 .2003
By:1~Q~.—~~~
•
Prii~ted arne;
Jana GleflziflSki
Under penalties as
provided
by law
pursuant to ILL. REV. STAT CHAP. 110,
SEC.
1-109, 1
certify
thatthe
statements
set
forth herein arc true and correct.
COUNTY
OF KANKAKEE
)
)
~....—
CERTIFICATE OF SERViCE
By:
ci~
C)
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~-~~Cec, :i:i~.~cjo(.
-- -A
Querrey ~ Harrow
Querrry&Harm~Ltd.
•
175
W~tJac1oonBlvd.
SUite
1600
David E. Neurneister
Jolier, EL
Chicago. IL
60604-2327
Direct No.: (312) 540-7554
Wauk~n,Ii
TEL (312)
540-7000
E-Mail: dneumeister~querrey.com
FAX
(312)
540-0573
NcwYozk,NY
www.querrey.com
r
1 (1
~
UK Office:
dune
~,
~
Londcri
Via Messenger
Lisa M. Madigan, Esq.
Illinois Attorney General
100 West Randolph Street
12th
Floor
Chicago, Illinois 60601
Re:
Notice of challenge of constitutionality of statute
arid related provisions
Dear Ms. Madigan:
Pursuant to Illinois Supreme Court Rule 19, this will serve as notice to your office
of a challenge to the constitutionality of a permit condition which was imposed by the
Illinois Environmental Protection Agency, pursuant to a former State of Illinois statute,
specifically former versions of Sections 39.2 and 3.32 of the Illinois Environmental
Protection Act (415 ILCS 39.2 and 3.32), and related provisions, which were in effect in
1994 and subsequently amended to delete the unconstitutional provisions. In the attached
proceeding before the Illinois Pollution Control Board filed on today’s date, our clients,
United Disposal of Bradley, Inc. and Municipal Trust & Savings Bank as Trustee under
Trust 0799, will seek to have a permit condition imposed under those former statutes
declared to be in violation of the Commerce Clause of the Constitution of the United States
to the extent that the statute prohibits a validly permitted waste transfer station from
accepting waste from beyond the municipal boundaries of the Village of Bradley, Illinois,
thereby wrongfully preventing and restricting the movement of articles in commerce.
Very truly yours,
David E. Neumeister
NEU/jc
nc
s re
cBIT
UNITED DISPOSAL
OF BRADLEY,
INC.,
and MUNICIPAL TRUST & SAVINGS BANK,
as Trustee Under Trust
0799
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
APPEARANCE
1
hereby file
my appearance in this proceeding on behalf of Petitioners, United Disposal of
Bradley, Inc. and Municipal Trust & Savings
Bank, Trustee Under Trust 0799.
•
QUERREY & HARROW,
LTD.
~
Name
Attorney for
Address
City
Telephone
Document #: 835029
Jennifer J. Sackett Pohlenz
Petitioners
175 W. Jackson, Suite 1600
Chicago, Illinois 60604
(312) 540-7000
R~CE1~VED
CLFB~YSOFF~
65299-POH
iUt~192003
BEFORE
THE
ILLINOIS POLLUTION CONTROL
B(~j~L~I~
OF
ILLiNOIS
Pollution Control Board
Petitioners,
vs.
No.
(7~::L~
0-~-?-~c
(Permit Appeal
-
Land)
Respondent.
Printed on Recycled Paper
RECEIVED
CLERK’5
orw~
65299.POH
JUN
19
•~003
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOAR~ATE
Pollution
OF
Control
ILLINOIS
Board
UNITED DISPOSAL OF BRADLEY, INC.,
and MUNICIPAL TRUST & SAVINGS BANK,
as Trustee Under Trust 0799
Petitioners,
No.
P~_~
L~Y~
VS.
(Permit Appeal
-
Land)
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
APPEARANCE
I hereby file my appearance in this proceeding on behalf of Petitioners, United Disposal of
Bradley, Inc. and Municipal Trust
&
Savings Bank, Trustee Under Trust 0799.
QUERREY & HARROW, LTD.
~~David
7~.O
E.
E.
Neumeister
~u9j
Name
David E. Neumeister
Attorney for Petitioners
Address
175 W. Jackson, Suite 1600
City
Chicago, Illinois 60604
Telephone
(312) 540-7000
Document
#:
835032
Printed on Recycled Paper
