ECE I
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
JUL24 20U3
STATE OF ILLINOIS
WASTE MANAGEMENT OF ILLINOIS, iNC.,
)
Pollution ControlBoard
Petitioner,
)
No. PCB 03-144
)
vs.
)
(Pollution Control Facility
)
Siting Application)
COUNTY BOARD OF KANE COUNTY,
)
ILLINOIS,
)
)
Respondent.
)
NOTICE OF FILING
TO:
See Attached Service List
PLEASE TAKE NOTICE that on July 24, 2003, we filed with the Illinois Pollution Control
Board, the attached Waste Management of Illinois, Inc.’s Motion to Dismiss Appeal of Siting
Conditions in the above entitled matter.
Wi~TEMANAGEMENT OF ILLINOIS, INC.
By:~~/
~
One ofIts ttorneys
Donald J. Moran
PEDERSEN & HOUPT
161 North Clark Street, Suite 3100
Chicago, Illinois 60601
(312) 641-6888
Attorney RegistrationNo. 1953923
DJM 370480 vi July 24, 2003
This Document is Printed on Recycled Paper.
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOA~C~iVED
ERR’S OFFICE
JUL 24 2003
WASTE MANAGEMENT OF ILLINOIS, iNC.,
)
STATE OF ILLINOIS
Pollution Control Board
Petitioner,
)
No. PCB 03-144
)
vs.
)
(Pollution Control Facility
)
Siting Application)
COUNTY BOARD OF KANE COUNTY,
)
ILLINOIS,
)
)
Respondent.
)
MOTION TO DISMISS APPEAL OF SITING CONDITIONS
Petitioner, Waste Management of Illinois, Inc. (“WMII”), by its attorneys, Pedersen &
Houpt, requests that its appeal of Special Conditions 2(h) and 2(x) of the Site Location Approval
granted by Respondent Kankakee County Board (“County Board”) be dismissed. In support of
this motion, WlvllI states as follows:
1.
On January 31, 2003, the County Board approved WMII’s Request for Site
Location Approval for the Expansion of the Kankakee Landfill. The Request sought siting
approval for a 302-acre expansion of the existing solid waste landfill in unincorporated
Kai~kakeeCounty, Illinois.
2.
The Site Location Approval was made subject to 41 special conditions. Two of
those conditions provided as follows:
2(h) The active face must be kept at a minimum to reduce litter, vector, and
odor impacts. The active face shall be a maximum of 180 feet by 120 feet,
excepting the area allowed for random inspections, unless an alternative
minimum size is specifically approved by the County Board.
2(x)
The landfill operator shall install and maintain a double composite liner.
3.
On March 7, 2003, WMII filed this appeal of Special Conditions 2(h) and 2(x),
asserting that they were neither reasonable or necessary to accomplish the purposes of Section
39.2 ofthe Illinois Environmental Protection Act (“Act”) and that they were not supported by the
record nor shown to be technically appropriate or operationally reasonable.
4.
Based upon the evidence of record, the interests of public health and safety, and
the need to promptly and efficiently resolve issues affecting the public interest, WMII and the
County Board have agreed to settle this appeal. The settlement leaves the conditions in place,
and simply specifies the allocation of financial responsibility regarding the design component
and clarifies the specific implementation of the operational provision. A true and correct
photocopy of the Agreement Regarding Conditions is attached hereto as Exhibit A
(“Agreement”).
5.
The Agreement confirms that the double composite liner submitted by WMII
fully complies with Special Condition (x).
6.
The clarification of Special Condition 2(h) to allow up to three active working
faces and a variance in this requirement due to inclement weather or other reasons, will help
facilitate safe and efficient waste disposal operation at the Expansion.
7.
The Agreement resolves the issues raised in this appeal in a manner consistent
with Section 39.2 ofthe Act, the evidence presented in the siting proceeding, and the protection
ofthe public health, safety and welfare.
8.
The County Board approved the Agreement by Resolution No. 2003-07-23-846
on July 23, 2003.
9.
The County Board does not object to this motion.
370478
2
WHEREFORE, WMII requests that this Board dismiss appeal No. PCB 03-144, and
provide such other relief as may be appropriate.
Respectfully submitted,
WA E MANAGEMENT OF ILLINOIS, INC.
By__
One ofIts Att/rneYs
DonaldPEDERSENJ. Moran&
HOUPT
/
161 North Clark Street
Suite 3100
Chicago, Illinois 60601
(312) 641-6888
370478
3
AGREEMENT REGARDING CONDITIONS
This Agreement Regarding Conditions is entered into this ________day ofJuly 2003, by
and between Waste Management of Illinois, Inc., a Delaware corporation authorized to do
business in Illinois and having an office at 720 East Butterfield Road, Lombard, Illinois 60148
(“Waste Management”) and the County ofKankakee (the “County”).
Recitals
A.
Waste Management owns and operates the Kankakee Landfill (“Landfill”) located
on property commonly known as 180 E. 6000 South Road, Chebanse, Illinois 60922.
B.
Waste Management and the County are parties to an Amended and Restated Host
Community Agreement dated December 21, 2001 (“Host Agreement”) pursuant to which certain
benefits and protections are provided to the County if the Landfill is expanded.
C.
Waste Management filed an application for local siting approval of an expansion
ofthe Landfill on or about August 16, 2002.
D.
The County granted local siting approval for the expansion of the Landfill on
January 31, 2003, subject to certain conditions which it deemed necessary to include as part of
such siting approval..
E.
One of the conditions imposed by the County is that Waste Management “shall
install and maintain a double composite liner.”
F.
Waste Management has filed an appeal of the double composite liner condition
with the Pollution Control Board (PCB 03-144).
G.
Waste Management contends that the regulations promulgated by the Pollution
Control Board which pertain to landfill units such as that proposed by Waste Management in its
application and pertinent provisions of the Illinois Environmental Protection Act do not
specifically require that the expansion of the Kankakee Landfill be designed or constructed with
a double composite liner. The County asserts that the imposition of the condition relating to
installation and maintaining of a double composite liner is allowed by the provisions of
Section 39.2(e) ofthe Act.
H.
Patrick Engineering, the environmental engineering firm retained by the County
in connection with the Landfill expansion, has confirmed that the additional design and
construction costs associated with a double composite liner will be approximately $11,286,018
(see Attachment A) and that this will add approximately 38 cents in costs for each ton of waste
expected to be disposed ofin the expansion ofthe Landfill.
I.
Another condition imposed by the County is that the “active face shall be a
maximum of 180 feet by 120 feet, excepting the area allowed for random inspections, unless an
alternative minimum size is specifically approved by the County Board.”
EXHIBIT
A
2
J.
Waste Management asserts that this condition could hamper the safe and efficient
operation ofthe Landfill, and has filed an appeal ofthe active face condition with the Pollution
Control Board (PCB 03-144).
K.
Both parties desire to amicably resolve these matters in a manner consistent with
Section 39.2 ofthe Illinois Environmental Protection Act.
NOW, THEREFORE, in consideration ofthe covenants set forth in this Agreement, the
County and Waste Management agree as follows:
1.
The County agrees to pay forty percent (40) of the costs of installation of the
double composite liner required by Criterion 2 Special Condition X through a reduction in the
per ton host fees to be paid pursuant to Paragraph 4 ofthe Host Agreement of 150 per ton.
2.
The County confirms that Condition 2.p. does not preclude Waste Management
from adjusting the final contours for the expansion, provided that (1) the maximum height ofthe
landfill and the lateral extent ofthe landfill do not exceed the maximum height and lateral extent
shown on the plans provided in the siting application and (2) the waste airspace volume does not
exceed the design volume of 50,692,594 cubic yards contained in the application.
3.
The County also confirms that the double composite liner design submitted by
Waste Management to the Kankakee Planning Department on or about February 20, 2003 fully
complies with Criterion 2, Special Condition X ofthe siting approval.
4.
Waste Management agrees to withdraw its appeal of the double composite liner
condition, and to waive any rights it may have to claim that the double composite liner condition
is a “Change ofLaw” which could modifythe price protection afforded Kankakee municipalities
pursuant to Paragraph 18 of the Host Agreement. Waste Management also agrees to waive any
rights it may have to claim that the double composite liner condition is a “Force Majeure” as
defined in Paragraph 28 ofthe Host Agreement.
5.
Without further approval from the County, Waste Management may operate up to
three active working faces, which when combined may not exceed a width of 750 feet, except
during the placement of the first lift or last lift in any area. In the event Waste Management
requests a variance from the above due to inclement weather or for any other reason, the County
Health Department is authorized to consider Waste Management’s request and to grant a
variance in the event the request does not adversely impact the safety, health and welfare ofthe
County. In the event the County Health Department denies Waste Management’s request, Waste
Management may petition the County Board to consider its request.
6.
Waste Management agrees to withdraw its appeal of the active face condition.
3
iN WITNESS WHEREOF, the County and Waste Management have executed this
Agreement as ofthe
_______
day ofJuly 2003.
KANKAKEE COUNTY
WASTE MANAGEMENT
OF ILLiNOIS, INC.
By:_____________________________
By:_________________
Its County Board Chairperson
Its Vice President
ATTEST:
ATTEST:
Clerk ofKankakee County
Assistant Secretary
c:\mydata\docs\dennis\agreements2003\kankconditionsagmto7o3
70358930v1 826549
PROOF OF SERVICE
Victoria L. Kennedy, a non-attorney, on oath states that she served the foregoing Waste
Management’s Motion to Dismiss
Appeal ofSiting Conditions on
the following parties by hand
delivery to Bradley Halloran and by depositing same to Elizabeth Harvey and Charles F. Helsten in
the U.S. mail at 161 N. Clark St., Chicago, Illinois 60601, at 5:00 p.m. on this 24th day of July,
2003:
Elizabeth S. Harvey
Swanson, Martin & Bell
One IBM Plaza
Suite 2900
Chicago, Illinois 60611
Charles F. Helsten
Richard S. Porter
Hinshaw & Culbertson
100 Park Avenue
P.O. Box 1389
Rockford, Illinois 61105-1389
Mr. Brad Halloran
Assistant Attorney General
Environmental Division
100 West Randolph, 11th Floor
Chicago, Illinois 60601
Victoria L. Kenu&I~ç
)
DJM 370480 vi July 24, 2003
This Document is Printed on Recycled Paper.