CLERM~SOFFICE

65299-POH

JUL 102003

BEFORE

THE

and MUNICIPAL TRUST & SAVINGS BANK,

ILLINOIS ENVIRONMENTAL ROTECTION

NOTICE OF FILING

TO: Rene Cipriano, Director

Illinois EPA

1021 N. Grand Ave. East

Springfield, IL 62701

Director and Division of Legal Counsel

Ms. Barbara Wheeler

Illinois EPA

289 S. Jefferson

1021 N. Grand Ave. East

Bradley, Illinois 60915

Springfield, IL 62701

PLEASE TAKE NOTICE that on July 10, 2003, we filed with the Illinois Pollution

Control Board,

Petitioners United Disposal of Bradley, Inc.’s and Municipal Trust &

Savings Bank’s Motion to Strike “Public Comment” Submitted by Barbara Wheeler a

copy of which is 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.

~.Sa~tohn~’~

Petitioners,

vs.

No. PCB

03-235

(Permit Appeal

-

Respondent.

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 the individuals to

whom this notice is directed by depositing same in the U.S. mail located at 175 West Jackson

Boulevard, Chicago, Illinois, proper postage paid, this

10th

day of July, 2003, by or before the hour of

5:00 p.m.

L2&

Alesia Mansfield

Printed on Recycled Paper

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65299-POH

~

~V go

BEFORE

THE ILLINOIS POLLUTION CONTROL BOA~~RK.sOFFICE

UNITED DISPOSAL OF BRADLEY, INC.,

JUL 10 2003

and MUNICIPAL TRUST & SAVINGS BANK,

o

as Trustee Under Trust 0799

No.

PCB 03-235

STA

‘~

arci

Petitioners,

(Permit Appeal

-

Land)

Pollution ContrOi ijO

ILLINOIS ENVIRONMENTAL

SUBMITTED BY BARBARA WHEELER

NOW COME

the Petitioners, United Disposal of Bradley, Inc. and Municipal Trust &

Savings

Bank

as Trustee Under Trust 0799, and pursuant to 35

IAC 101.628(c)(2), move the

Illinois Pollution Control Board (IPCB) to strike the filed “Public Comment” of Barbara

Wheeler (PC #1)(attached as Exhibit A hereto). The IPCB should strike Wheeler’s public

comment in its entirety because it contains evidence not present in the record, and the IPCB is

limited in its review to the record on appeal. In further support, Petitioner states as follows:

1.

The Illinois Environmental Protection Act requires that the decision of the IPCB

“shall be based exclusively on the

record compiled in the Agency proceeding.” (415

ILCS

5/40(c))(emphasis added). All public comments that are submitted after a hearing must present

arguments or comments based on evidence contained in the record. Am. Bottom Conservancy,

et al. v. Village of Fairmont City, et a!., PCB No. 01-159 at **(October 18, 2001)

(quoting

415 ILCS

5/40.1(b)

(2000)

(citing

35 Ill. Adm. Code 101.628(c)(2)).

---

2. Likewise, 35 IAC 101 .628(c)(2) specifically requires that public comments

“must

present arguments or comments

based on the evidence contained in the record.”

(emphasis

added).

3. In a permit appeal, such

as the

instant

Petition, the record is comprised of those

items specifically identified in

35 IAC 105.212(b) and Ms. Wheller’s public comment is

outside the items specified and otherwise does not comply with 35

IAC

101 .628(c)(2). Ms.

Wheeler, through her own, unsupported comments or allegations, and the exhibit attached

thereto (a notice sent to United Disposal of Bradley, Inc. by the Kankakee County Health

Department) attempts to present new evidence not present in the record on appeal.

4.

Consistent with the aforementioned IPCB Rules, and according to American Bottom

Conservancy, public comments, such as Ms. Wheeler’s, that contain new evidence not in the

record must be stricken. Striking Wheeler’s comment and the attached exhibits is proper

according to Illinois law, and does not prejudice the Respondent, IEPA, since the record in this

case is taken from IEPA’s permit file, pursuant to 35 IAC 105.212.

5.

Additionally, Wheeler’s commentary regarding United Disposal’s operations cannot

be taken as evidence. In addition to being outside the record on appeal, Wheeler’s comments

do not have the force of sworn testimony, contain unsupported allegations which are

extraneous to the record and permit denial at issue, and are also not properly considered in that

regard. The attempt of Barbara Wheeler, a non-party, to inject new “evidence” into this

proceeding at this stage through the public comment process, pursuant to the aforementioned

exhibits should be stricken.

2

Printed on Recycled Paper

---

WHEREFORE, Petitioners United Disposal of Bradley, Inc. and Municipal Trust &

Savings Bank, as Trustee under Trust 0799 respectfully requests the Illinois Pollution Control

Board to strike the “written” or “public comment” ofMs. Barbara Wheeler submitted as “Public

Comment” No. 1.

Dated: July 10, 2003

Respectfully Submitted,

PETITIONERS UNITED DISPOSAL OF

BRADLEY,

INC., and MUNICIPAL TRUST &

SAVINGS BANK, as

Trustee Under Trust 0799

By:

c~A

O~)their ~n?3~T

-~b7o~e~-7~,

Jennifer J. Sackett Pohlenz

David E. Neumeister

QUERREY

& HARROW, LTD.

175

W.

Jackson, Suite 1600

Chicago, Illinois 60604

(312) 540-7000

Attorneys for Petitioners

Illinois Attorney Nos.6225990 & 6207454

3

Printed on RecycledPaper

---

~‘J~).)

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CLERWS

OFFICE

Pc. I~

°

JUN 26 2003

Barbara Wh I

STATE OF ILLINOIS

289 5. Jefferson

Pollution Control Board

•

Bradley,

IL

60915

(815)474-9531

fax:

(815) 932-5713

Mr. B. L Murphy, Jr.

VIA FACSIMILE: (312) 814-2347

Assistant Attorney General

Environmental Bureau

188 W. Randolph St., Suite 2001

Chicago, IL

60601

Renee

Cipriano, Director

VIA

FACSTh’JILE (217)524-1991

illinois Environmental Protection Agency

1021

North Grand

Avenue East

Springñeld, IL

Ms. Claire A. Manning

VIA FACSIMILE (312) 814-3669

Illinois Pollution Control Board

JRTC

100 W. Randolph Street, Suite 11-500

Chicago,

IL 60601

RE:

(JuttedDisposal ofBradley, illinois

Dear

Mr.

Murphy/Ms.

CiprianoiMs.

Manning:

Recently my neighborhood is becoming quite

alarmed

regarding United

Disposal of

Bradley

and their violations

within the Village ofBradley. The owner(s)

Merlin Karlock

and

Michael Watson have openly been

violating their permit which

I

understand the

IEPA granted them. United Disposal has been ‘hauling in outside waste and has blatantly

disregardedthe terms oftheir permit knowingly and within aresidential neighborhood.

I believe the terms were that

waste, could only be received from 6:00 a.m. to 5:00 pm

Monday through Saturday. 1 have p ersonally

seen

trucks c anying waste in after

5

~0O

p.m.

It

is also my understanding in researching this problem that the IEPA viewed a “transfer

station” as not needing siting approval. I

do not

understand why all solid waste/transfer

stations which have

waste do not require siting approval from

either the Pollution Control

Board

or the IEPA. It

seems this

would

be a safeguard

for neighborhoods which house

these

kind of facilities.

It is my

understanding that Mr. Kariock and

Mr. Watson has sidestepped many of the

necessary safeguards and

the Village of Bradley although

very

in

uch aware,

since

the

EXHIBIT

---

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•

••

-

~

flealth Department informed Mt Balthazor, Mayor of Bradley of the infractions. As

usual the Village has turned its back on its residents and instead was all in favor of

eliminating the problem for United Disposal by approving a resolution to allow them

to

haul in outside waste from other niunicipalities. Doesn’t this require a siting process?

Shouldn’t the Village p erhaps wait to see if either the Pollution Control Board or the

1BPA who hasjurisdiction over waste facilities would grant such a request. As you can

see the Vifiage of Bradley does not have its residents best interest at heart, only big

business with big pocketbooks.

Unless the IEPA, Attorney General’s Office or the Pollution Control Board decide to help

our neighborhood, we will be subject to heavy trucks on our

streets

where our children

ride their bikes and have to endure the Doberman Pinscher dogs which freely roam our

streets at night. I personally have cafled the Bradley Animal

Control on at

least three

occasions, with witnesses present~and never even received

a

call back- Therefore, I can

only conclude that the Village ofBradleyat its discretion has chosen to i~iOreits citizens

when it comes to this business concern.

The short distance from the very traveled route 50 to the “transfer station of United

Disposal” would at best only accommodate 2 trucks. If United is allowed to continue

there will be defi.nite congestion on the roadway. I understand that United has tried to

amend their IEPA permit to include outside waste. The site they are on will

not

accommodate this venture. Mr. Watson on several occasions has not and will not comply

with the Health Depariment request to see their logs and additionally United has no

intention ofcomplying whenthey have the Village ofBradley to rely on for back up. My

understanding is Mr. Karlock and Mr. Watson have the resources to hire legal counsel to

facilitate getting the permit changed. Number 9 on the original permit specifically

states

no outside waste,

winch

~is

continually violated To date there are no infractions

imposed

on United for their unwillingness to abide by the terms of their permit. It would seem

that most Village officials wouid. be concerned that infractions would create a hardship

for the residents living close to a facility which is clearly and blatantly disregarding the

law. Certainly this is not true with

the

Village of Bradley, therefore we residents

conclude that we will have to look outside ofthe Village for compliance.

I shall be researching and investigating

on my

own and. will be willing in any way I can

to aid your department if they would only pursue this infraction. Thank you for taldn.g

the time to read the concerns ofthc citizens in our neighborhood.

Sincerely,

•‘L~L~L~QL-

BarbaraWheeler

Cc:

John Bevis, Bonnie Schaafsma, HealthDept., Kankakee, IL

---

11~tIi~I

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~4

.

D EPARTIVI E NT

fax

815-937-3568

CERTtFTh~1)MAILIRETURN RECEIPT RE QUESTED

March 3, 2003

•

•. .

..

Mr. Mike Watson

•

United Disposal

P.O. Box 179.

~radley,1L 60915

Re:

Violation Notice: K3-.2003-OOl

0910200013 —Kankakee County

-

United Disposal ofBradley

Compliance File

Dear Mr. Watson:

This

constitutes a Violation Notice

pursuant to Section 31 (a)(l) ofthe Illinois Environmental

Protection Act (Illinois EPA)

415

ILCS

5/3

l(a).(l), and is based upon review ofavailable

information and investigation

by

representatives ofthe Illinois EPA.

The Kankakee County~HealthDeparthaent,delegated agentfor the Illinois EPA, hereby notifies

you ofviolations ofenvironmental statutes, regulations orpermits as set forth in Attachment A

to

this letter. The Kankakee County HealthDepartmentprovides, as a portion ofAttachment

A, an

explanation ofthe activities thatit believes may.resolve the specified violations, including am

estimateof a reasonable time period to complete the necçssary activities.

A written response addressing the violations must be submitted via certifiedmail to the

TC~iilcalceeCounty HealthDeparth~ent.within

45

days ofreceipt ofthis letter. The responsemust

address eachviolation specified in Attachment A and include for each an explanation ofthe

activities

that will

be

implemented and the time schedulefor the completion ofthat activity.

Also, ifa

pollution preventipn

activity will be implemented, indicate that intention in any written

response. The

writtenresponsewill constitute a proposedCompliance Comnmitnaent Agreement

(CCA”) pursuant

to Secticn31 ofthe Act. The Illinois EPA

and

the Kankakee County Health

Department will review the

proposed CCA

amid will accept or reject yourproposal within 30 days

ofreceipt.

---

.L.,..L.)

ritA.

Mike Watson

March 3, 2003

•

Page2

Ifa timelywritten responseto this Violation Notice is not provided, it shall be considered to be a

•

waiver ofthe opportunity to respond and to meet provided by Section 31(a) ofthe Act, and the

IlIi~oisEPA and the Kankakee Cpunty Health Departmentmay proceedwith a referral to the

prosecutotial authority.

Inthe written response to this Violation Notice, a meetingwith representatives ofthe Illinois

EPA may be requested. The meeting must be held within 60 days ofreceipt ofthis notice, unless

the Kankakee County Health Department respond to eachviolation and. to the suggested

resolutions and implementation schedule contained in this Violation Notice

or

to propose

alternate resolutions.

Due to the nature and seriousness ofthe violations cited in Attachment A, please be advised that

resolution ofthe violations may require the involvement ofa prosecutorial authority forpurposes

that may include, among others, the imposition of statutory penalties.

Written communications should be directed to:

John I. Bevis, DirectororEnvironmental Health

Kankakee County Health Department

2390 W. Station

Kankakee,IL 60901

Please submit three copies ofall written communications and. reference yourVIOLATION

NOTICE NUM3ER, K3-2003-OO1, on the copies. Questions regarding this mattershould be

directed to John Bevis at (815) 937-7860.

Sincerely,

John J. Bevis, M.P.H.

Director ofEnvironmental Health

)JB:scv

Enclosure

cc:

MayorJerryBaithazo; Village ofBradley

Dave Anderson, Illinois Environmental Protection Agency

Rich Findley, Illinois Environmental Protection Agency

Karl Kruse, County Board Chairman

Merlin Karlock, Bank ofBourbonnais

Ed Smith, Illinois State’s Attorney

Bonnie Schaafsma, Administt~ator,Kankakee County Health Dept.

---

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ATTACHMENT A

Pursuant to Section 2 1(d) ofthe Illinois) Environmental Protection Act 415 )LCS 5/21

(d), no person shall conduct any waste-storage, waste-treatment, orwaste-disposal

operation:

•

1.

Without a permit grantedby the Agency or in violation ofany conditions imposed

by suchpermit, including periodic reports and full access to adequate records and

the inspection of facilities~as may be necessary to assure compliance with this

Act and with regulations and standards adopted thereunder: provided, however,

that except formunicipal solid waste landfill units that receive waste on or after

October 9, 1993, no permit shall be requiredfor (i) any person conducting a

waste-storage,waste-treatment, orwaste-disposal operation for wastes generated

by such person’s own activities which are

stored, treated

or disposed within the

site where suchwastes are generated, or (ii) fora corporation organized under the

GeneralNot For Profit Corporation Act of1986, as now orhereafter amended,

or

a predecessor Act, constructing a

land form in conformance with local

zoning

provisions,

within a municipality having a population ofmore than 1,000,000

inhabitants, with clean construction or demolition debris generated within the

municipality, provided that

the corporation has contracts for economic

development planning with the municipality; or

-

2.

Inviolation ofany regulations or standards adopted.by the Board under this Act,

this subsection (d) shall not apply to hazardous waste

You are in apparent violation of Section 21(d) ofthe Illinois Environmental Protection Act

~415ILCS

5/21(d)),

for the following reasons: By not complying with provisions in Attachment

A ofPermit No. 1994-3060P, Section B(9), which states:

No waste generated oitside the municipal

boundaries ofthe

Village ofBradley

maybe accepted at

this facility..

Furthermore, no

waste,

weetiug the

definition

of“special waste”

given in Section

3.45 oftheAct (including “hazardous waste”

as

defined in

Section 3.15 ofthe Act), may be accepted at this

facility.

And by:

Not allowing

any

access to adequate records ofthe facility to assure compliance

with

this

Act and

With

regulations and standards

adopted thereunder.

On

Januamy 28,2003, John Bevis

ofthe

Kankakee County HealthDepartment observed

a UnitedDisposal Waste Hauling vehicle receive Bourbonnais, IL waste and iranspore it

to the Bradley, XLfacility where it was unloaded

onto

the Iloor and appeared to later be

placed

into a transfer trailer. During the inspection, access to any records

was

denied,

refused or otherwise not allowed that could demonstrate

compliance

with the Act or.

Permit No. 1994-3060P.

---

jJ14

~

WJUUO

COR1~CflVEACTIONS

To complywith2l(d)(l) arid Condition

9

of

Permit

No. 1994-3060P:

United

Disposal of Bradley must not accept

any waste generated outside

the

municipal boundaries of

the

Village of Bradley.

Furthermore,

no

waste,

meeting

the definition of “special

waste” given in

Section

345

ofthe Act

(including

“hazardous

waste”

as

defined

in

Section 3.15 of

the Act), may be accepted at

this facility.

Also,

United Disposal of

Bradley

must allow access to adequate records oltbe facility

to assure compliance

with this

Act and with regulations

and standards

adopted

thereunder.

---

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UI~/~/ZUUJ

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STAT~ P~BMITLOG

-

OWNER.:

S

NO.

:

2003-101

UNITED DISPOSAL OF BRADLEY iNC

~RLIN

KABLOCK

ifl.)c~r’(~.r~c

STATUS

:.

A

SITE NO.

: 0910200013

COUNTY

:

CITY : BRADLEY

PEP~fIT TYPE

SR:

FACILITY

TYPE

RB:

RECEIVED

FINAL

ACTION

PSRP

SUP

90

SPPR

90

03/31/2003

DUE:

SITING APP’D: NA

NOTIFY

LOCAL

OFFICIALS:

NOTIFY AGRI:

NOTIFY DELEGATED

COUNTY:

COMMENTS:

NOTIFY CMS:

NOTIFY DO~’

NOTIFY CONSER~:

PRE-OP MEMO SENT:

REVISE

CONDITION

#9

ON PERMIT

1994-30-OP TO DELETE THE FOLLOWING

SENTENCE “NO WASTE

GENERATED

OUTSIDE

THE MUNICIPAL BOUNDARIES

OF THE

VILLAGE OF BRADLEY

MAY

BE ACCEPTED AT THIS FACILITY.

813

COMPLETENESS REVIEW

LOG :iii PROCESS

_________

TO GAU

REVIEWER

GAU ~

__________

GAUMEMOT~SW

______

TO SW REVIEWER

SW REVIEW

SW MANAGER REVIEW

JOINT DECISION

COMPLETENESS LTR SENT

GAU & SW

DRAFT

_______

REVIEW MGR

_________

~07/832

COMPLETENESS REVIEW

(5)

(5)

(7)

(2)

(5)

(7)

(2)

(2)

(7)

(TECH.

MTG.)

NA

NA

WHAT FORMS. MISSING?

IF NO SEND

LETTER

BY 30TH DAY!

NOTICE OF TECHNICAL STATUS (NOTS)

CALL

NOTS DUE

DATE: 05/15/2 003

REVIEWER

GA-REQ’D

COMPLETENESS :

05/15/2003

GAU-REV

WASTE TYPE

06/29/2003

NAILED

REVIEW

TIME

WAIVER

ppp

NOTIFY

N

IHPA

NOTIFY ENF:

Y

NOTIFY FOS:

Y

NOTIFY DENR:

Y

Y

Y

A.

APR

0

.a

2fl~

B.

C.

ID.

E.

F.

H.

I.

J.

K.

L.

PERMIT EXPIRATION:

r

1.

OWNER’S SIGNATURE

ii.

O?ERATOR’S

SIGNATURE

iii.

P.E.’S SIGNATURE

iv.

SITING OBTAINEP

v. CORRECT FORMS UTILIZED

vi.

COMPLETE

YN

YN

Y

N

YN

YN

YN

CONTACTED:

ITEMS DISCUSSED:

ACTUAL DATE CONTACTED:

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• UNITED-

DISPOSAL•

1000 E. LiBERTY

*

P. 0. BOX 179

*

BRADLEY.

~LUNOIS60915

*

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: Application

for

Modification to Operation Permit 1994—30—OP

Dear Madam or Sir:

I am enclosing a General Application

(LPC—PA1) form seei~ing

to modify a portioh of Special Ccndi~ion *9 of the

above

referenced

operating permit.

The enclosed application requests the deletion

of the following sent.ence’.

currently included in Special Condition

*9: “No wa.ste generated outside the municipal boundaries, of the.

Village of Bradley may be accepted at this f~dility.” This is the

onhl modification

to the permit being requested in the enclosed

application. The application see1~sno 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 ~now whether it is complete.

Additionally, if yo~have any questions, please do riot hesitate to

contact me. I look forward

to discussing this application with you

in the near future.

Sincerely,

Mic eel Watson

President

United Disposal of Bradley, Inc.

r

COMMERCIAL

*

INI)USTRIAL

*

RESIDENTIAL

---

UO/~O!LU’J.) J:.).J.~a

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VV

1LLINO~SENVIRONME’NTAL PROTECTION AGENCY

I 021 Worrni G~NPAvENuE E~sT,P.O. BOx

19276,

SrnfrlGPtELu, iLliNois

62794.9276

RENEE

ClPRt~A,NO,

DIRECTOR

Ge.neralApplicatio~aforPermit (LPC.PAZ)

This f~rrnmust

be

used for any application for peemit, except forlandtcape waste corripostlug or hazordous’w2stemanagementfacilitics

regulated inaccordance

with RCR.A, Subtitle C from the Bureau ofLand. O~eoriginal

and

two (2) photocopies, or three

(3) ifapplicable, of

all

permit apptication

fanns

mn~t

be submitted.

Attach the origin~land appropxia~enumber ofcopies of any necessary plans, specifications,

report, etc. to fullysupport

and

describe she activities

or

modiflcañons beingpropos~d.Attach a

lentinfoamadon to dcmoasi~aje

compliance with

all a~plicab1e

regulatory requirements. Incomplete

applications

will be r~jacted. Please refer to the inatniclions for thrther

guidance.

Note:

Permit applications whichare

hand-delivered to the

Bureau of

Land,

Permit Section must be deli~ves~dto J.I~2I~otth (3a~ntidAvenue

~ between

the

hours of8:30 a.rn. to 5:00

p.m.,

Monday

through

Friday (excluding State

holidays).

Please

type orprintlegibly.

L

SLTE DEN~flFLCA~1ON

Name_~Jnited Dispo~a1- of Br~d~Tnc.

Physical

Site

Lacatio~(sfrec( roa4 etc.):

1000

E. Li

berty_

city,ZIp Code:

Bradley, 50915

ExisiIngDPfOPPermitNos. (If applicable):

1994—30 6~2L

r~.

OWNER/OPERATOR

XDENTrIiICA.TI0N

Site #(flhinoisEPA):Q_ .11. Q..Z .fl. Q_.~QL.

~.

County Eankakee

Address:

OWNER

—

Municipal Trust & Saviriqs

Bank

gTrust.ea~u nder trus~

O7~9

P.O. Box 146

‘

Bo~urborsnais, IL

6091A

t81~ 93~—80OO

OPERATOR

_Unitec~ Disposal

o,LBradi.~yfr Ir~c.

~1O00”E. Liberty

•~

Bradle~y. IL~ ~\5U

.

ContactNa.me:.. ‘t’!erlin Karlock’

Phone*

.

—.

-

-

.

-

IlL

PERMIl~APPLICATIONIDEN~FICA1~ON

Tl~J~DB~tflSSION/REVtEW~IOD:

.

New

LandfIll/ISO days

(35

IAC Part

813)

.

LandfIll

..,Landlill Ei~pansion/l8Odays (35 IACPart

813)

.

•

—

Land Treatxuear

Sign. Mod to Operare/90

days

(35

IAC Part

813)

•

X~.Transfer Station,

—

Other Sign.

lvfodJPO

days

(35

IAC Fart 813)

—

Treatment

Rcncwal

of

Landfill

90

days

(351AC1’art

8.13)

Storage

Developnlentali9O days

(35

IAC Part 807)

—

Inoineratar

~

.

—

Composling

~Suppleme~C~P~O(t7)

L RecycinglReclaxnaiion

_F~t1Q~ç~’artso7~

~.

Other(Specify)

_l5~~

~

_________

.,_,..~..-....

.~-.*ra——’--’-~’ ‘‘

DESCRIPTION

OF

TWS PE1Th~I’l’REQUEST: (Include a briefnariad’ve description

here.)

~l5 9~—0O51

I M~•..,

..

t~B

TYJ’1~

~

p~RMU

SEC1~t~

•

~

lMunicipalRefuse

—

Hazardous

—

Special (Non-hazardous)

—

Ozemfcal

Only

(cxc

putrescible)

~ Inert Only

(cxc.

chemical and

putte-wible).’.

TJeedOil

—

?otentiafly ~nfecIiousMedical Waste

X Landscape

Waste

—

Other (SpecIfy)

Revise cnn4~.ion ~9

on permit

1994.~fl—0P

1-n r~o1~f~ th~ Fli7ig

sentence ‘~~wastesenerated

Qutside

the jnuni,cj,~a1

boundaries

of

the illage of Bradley may

he accepted at this

facility.

GEOROE’H. RYAN, GovERNoR

L532

1857

LPC

350 1~ev.July

99

Th~Ai~l~

r~I,I,t

5,neab.

,,a1~r

~5th~

1915,

Cai,*.r

II &t~.

Saeloii

1039. D~à’Su,

ofll~~,az.,ikm~u~u~i wxfr~

dgtScnk’u.

t~lli~t~todii

~.rp~u~Z

t~P~tta

Iie,nbá,gp,ucc~dmtol

~trt~ii~

~t

s~,mb~b~co*çitxii’~lb5i

P~rrsoor~REct’ctao PAPER

---

VO/~O!htJU~ ~

EXCULPATORY RIDER

This instrument is executed by Municipal T,rust and Savings Bank, as Trustee under theprovisions

ofaTrust Agreement dated ~

~“-

9~Land known as Trust

no.

__________

riot personally, but solely as Trustee aforesaId, in

the

exercise ofpowerand authority confened

upon

and vested in

itas

suchTrustee. This instrument

is executed

and delivered by the

Trust solely in the

exercise

of

the

powers expressly

conferred upon the Trusteeunder the Trust and

upon

the written

direction

of

the beneficiaries andlor

holders ofpower of

direction ofsaid Trust and Municipal Trust

and Savings Bank, warrants that it possesses ulill power and authority

to

execute this instrument. It

Is expressly understood and agreed by and between the parties

hereto,

anything

herein

to

the contrary.

notwithstanding, that each and all

ofthe representations,

warranties,

covenants, undertaidngs

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 ofthem not made with the intention ofbinding Municipal Trust and Savings Bank, in

its

•individualcapacity, 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 and/or 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 anyway 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 stateEnvironmental

or

Hazardous Waste.!aws)

hereunder being specifically limited

to the

Trust assets; ifany, securing this instrument. Any provision

ofthis instrument referringto a tight 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

of

this 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

iight

ofredemption out

ofthe

assets

of

the Trust. Notwithstanding anything in this instrument contained, in

the

event

of

any

conflict between

the body

of

this exoneration and the

body of

this inatnirnent,

the provisions of this

paragraph shall control.

Trustee

being thily exempted, nothing herein contained shall limit

the

right

ofany part

to

enforce

thepersonal

liability

of

any other party to this instrument.

---

Ub/4~/~U’J.i .t~i:j~

~

‘~4

UJ. I

• F”

State ofIllinois

SS

County ofKaukakee

CERTIFICATE

I, Gail Schultz, Deputy Village Clerk ofthe Village ofBradley, Illinois, do

liereby certify

that the attached is a true and correct copy ofthe original on

file in the office ofthe Village Clerk.

Resolution R-3-03-4 passed and

approved

by the President and Board of

Trustees

on the

24th

day ofMarch 2003.

_______________

3-;~~

Gail’Schultz, eputy

‘

age Clerk

Date

(Seal)

---

•

L~JUj~

RESOLUTION NO. R-3-03-4

WHBBEAS,

United

Disposal

ofBradley, mc, has applied fora Suppletnental Operating

Permit.to the

Illinois Environmental

Protection Agency concerning

its operation

ofthe

transfer

station located on Liberty

Street,

inthe

Village ofBradley, Illinois; and

WBBREAS, United Disposal ofBradley, Tue., seeks

support

of

the Village ofBradley

and approvalofthe Supplemental Operating Pemiit and

• •.

WB3REAS, United

Disposal

of

Bradley has obtained its permit to construct the transfer

facility, has

obtained a permit

to operate the facility

from

the Village of

Bradley, and hasbeen

operating

the

facility since that time; and

WEEBIEAS, condition number 9 ofits operating permit states that United. Disposal of

Bradley, Inc. maynot accept any waste generated ~outsidethe munIcipal loundaries ofthe

Village ofBradley and

WBBR’EAS, UnitedDisposal ofBradley, Inc. currently has customers outside

ofthe

Village ofBradley and it is necessary• to

request

the amendment

of

condition number 9 in order

to

maintain a

viable

business; and

WHEREAS,

the viability

ofthe

business

of

UnitedDisposal olBadley,

Inc. is of

interest

to

the municipal

government

and to the citizens

of

the

Village of

Bradley

due t~the fact

that

United Disposal ofBradley,

Inc.

is the

waste haulerof

the

municipal

government ofthe Village

of Bradley

serviiig alt

residential

citizens

oftheVillage ofBradley.

---

Ut~/~o,’~UV.i .L.~:J.o ~

•

L~fU.L

.~

NOW,

THEREFORE,

BE IT

RESOLVED

BY THE

PRESIDENT ~D TIlEBOABD

OF

TRUSTEES OF THE VILLAGE

OF

BRADLEY that its does support

therequest of

UnIted

Disposal ofBradley,

Inc.

to amend

its operatingpermit to repeal condition number

9

ofthe

opera.tingperrnit

of

United Disposal

of

Bradley, ~

Absent

-

-

Absent-

Absent-

Absent

-

Absent

-

Absent

-

Absent

-

TOTALS:

AYE

-.~

NAY

-

i~2

ABSENT

-

• A?PROVBDthis~dayof

rri

•

03.

• Balthazor,1~re~entoftheBoardof

Triustees

ofthe

Village

of

Braxlley

Michael I. LaGesse, Village Clerk

‘IRLJSThBS:

•

Robert

0.

Martin:-

Aye

-

x

Nay

-

RobertRedznond:

Ay~-~

Nay.-

Bruce Adams:

Aye-~

Nay-

Dennis Coy;

Aye

-. ~

Nay

-

Car~1Wadley-Foy

George Dagnan

Aye

- ~

Aye

-

•

Nay

-

Nay

-

•

~

JyBalthazor~

Aye-_

Nay.-

---

Ub/~D/I*JIJ.) ~

ILLINOIS E~VIRONMENTALPROTECTION AGENCY

1021

NOKTH

CRA~D

Avn~iurEAST,

P.O. Box

19276,

SPRINC?ICtD,

ILLINoIS

62794-9276

RENEaCtPRIANO~DIRECTOR

NOTICE OF

APPLICATION FO1~

PERMIT TO MANAGE WASTE (LPC.PA16)

To

Elected Officials and

Concenied

Citizens:

Date:

-

M

ft C

~ ‘2

003

The

puxpose

ofthis

notice

is to

inform

you that

a

permit

applic tiorthas bean submined

to

the EPA,

Bureau ofLarid, for a

solid

waste project described below. -You are not obligated to

respond

to

this notice, however, if you haveany câmiuents,

please

submit

them in ‘writing to the

address

belo~w,or call

the Permit Section

at 217/524-3300,

withIn twenty-one

~21)

days,

-

•..

•

•

---

The

permit application,

wbichis

identified below,

is

for a

project described at the bortora of

thispage.

t~~1~R~ub0N

SITE

1DEWflFICATION

-

.

Address:J000

E~Li,ber~y

•

-

City;

)3radley

•

-

TYPEPERMIT StIUMISSIONS:

__________

_________

New

Landfill

_____

_____

Landfill

Expansion

• First Significant

Modification

______

-

______

______

SignificantModitication

(Operale

Other Significant

Modification

______

______

______

Renewal ofLandfill

_______

_______

_______

Development

_______

_______

Opethting

• Supplemental

Transfer

Name

Change

•

-

-

Generic

-

-

•

-

.

-

£~ESCR1PTION

OF

?ROJECI:

•

-

Revise condition ~9on permit l99~-3O—OPto d:eletethe_following

sènteflce”NO

waste gene~ated outside the municipal boundaries

of

—

the Vi~1a~e of Bra~1eyznay be acc~pted at thjs-f~cilit~y.~

-

Please

retain,a

copy

for your

own

imse.

jabWOZll l~doc

IL

~32 0534

LPC 040 Rev. Aug.99

GEORCE H. RYI~.N,Gc~VERNOR

TNI

Ay*~_,J~,,

,qu~i~ukU~’L’

~

~

igm.c~

~

III

~

1W9.

~

D~c

~

Im~

~

~

~

.d~W~

~

‘Illinois

Environmental Protection Agency

aurean

of Land,

Permit Section

(#33)

1021 North

grand

Av

nueEast,

Post

OfficeBox

19276

Springfield.

Illinois 62794—9276

SiteN~:~’nite~Disposal of

aradlev,

Tn~. Sitc#~IEPA):

09 1

02 00013

Kanka1~ee

TYPE FACtLITI!~

—

Landfill

______

Land Treatment

______

Transfer Station

_____

Treatment Facility

Smrage

-

-_____

Incinerator

Composting

Recycling!Reclamatldn

X~

Other

County:

-

-

•

TYI’E WASTEt

General

Municipal Refuse

X

Hazardous

X

Special (Non-hazardous)

______

•

Chemical

Only

_______

(exec. putrescible)

• Inort Only

• ____

(exec.

them. & putrescible)

• ____

UsedOil

-•

____

—

Solventa

-

_____

X

Laiglsc~pe/YardWaste

_____

____

Other (Specify

—

~)

-

x

---

~?:~t~-

-

~1ATE

OF

TLL11401S ~

/

COUNTYOF~(ANKAKEE

)‘~

:

-•

I

cERTiFICATE

OF

SERVICE

t~

U,LO

•

____

-‘p

Debbie ‘HalvorSOn

State Senator

241 W. ~oe

Orr

Rd..

Chicago Heights, IL 60411

Phil. Novak

• •

State Representative

States

Attorney

• Kankakee County

450 E. Court St.

Kankakee, iL 60901

Kari.

I~ruse

County Board Chairman

• ,

189 ‘B. Court St.

•

i~ancakee-,~IL

60901

Village of B~dley

viiiage.Clerk

147

s.

Michigan

Bradley,

City of K’anjc’akee

City Clerk-

385 E.

Oak

Kankakee, 1L -60901

• Village of

Bourbonflais

Village ClerIc

- -

700 N.W.

Main

Bourbonnais, IL ~O914-

-

Village of

Aroma Parl~

Village Clerk

2200,.S. Love Rd.

-

Aroma Par~, ~IL 6O~10

/

•

•

.Jana

Glenziflski

-.

•, •

- •

___

• ‘•

-‘:‘.

scrv~d

a~py~the ~tacbcdNo~c~of Applica~onfo~~e~t to Mana~W*a~and th~

c~or~ce~v~

ccrtifiedtuniLrzptrqwst~d

front

-thc

muilbux1oc~tgda±___

P.O. Box 179 ~radley

~ ~

~

orprior to

tha

hour

uC$;QO p.~n.onMarch

•

28~

:‘

21)03,

•

properpos1~geprepa~d.

D~t~d:Mi~r~1i28

_.

2003

•

•

-

“

‘

By~

—.

_______

tJrpcna~~vi~edby1awpu~uanttorLL

RIW.

S1AT

CHAP. 110,

-

-

‘SEC.‘1-109,1

certify

thatthe ~

~

f~jj.~

arc trie

0p~

corrcct

Bruce

Clark

•

Kankalcee County Clerk

189 E. Court St.

KaAkakee, IL 60901

•

---

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