BEFORE
VILLAGE OF ROBBINS and,
ALLIED WASTE
TRANSPORTATION, INC.,
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
RECEIVED
BOARD
CLERK’S OFF~E
OCT 0 62003
STATE OF ILLINOIS
Pollution Control Board
)
)
)
)
)
)
PCB No. 04-
(Permit Appeal
—
Ninety Day Extension)
DorothyM. Gunn, Clerk
Charles F. Heisten
Illinois Pollution Control Board
Hinshaw & Culbertson
James R. Thompson Center
100 Park Avenue
100 West Randolph Street
P.O. Box 1389
Suite 11-500
Rockford,1L
61105-1389
Chicago, IL 60601
PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the Pollution
Control Board a REQUEST FOR NThTETY DAY EXTENSION OF APPEAL PERIOD, copies of which
are herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
Assistant Counsel
Special Assistant Attorney General
Division ofLegal Counsel
1021 North Grand Avenue, East
P.O.Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: October 2, 2003
NOTICE
)
RECEIVED
CLERK’S OFF~’P
BEFORE THE POLLUTION CONTROL BOARD
OCT 062003
OF THE STATE OF ILLINOIS
STATE OF ILLINOIS
VILLAGE OF ROBB1NS and,
)
Pollution Control Board
ALLIED WASTE
)
TRANSPORTATION, INC.,
)
Petitioner,
)
2
v.
)
PCB No. 04-
ILLiNOIS ENVIRONMENTAL
)
(Permit Appeal
—
Ninety Day Extension)
PROTECTION AGENCY,
)
Respondent.
)
REQUEST
FOR NINETY DAY EXTENSION
OF APPEAL PERIOD
NOW COMES the Respondent, the Illinois Environmental Protection Agency (“Illinois
EPA”), by one of its attorneys, John J. Kim, Assistant Counsel and Special Assistant Attorney
General, and, pursuant to Section 40(a)(1) of the Illinois Environmental Protection Act (415
ILCS
5140(a)(l))
and 35 Ill. Adm. Code 105.208, hereby requests that the Illinois Pollution
Control Board (“Board”) grant an extension ofthe thirty-five
(35)
day period forpetitioning for a
hearing to December 31, 2003, or any other date not more than a total ofone hundred twenty-
five
(125)
days from the date of service of the Illinois EPA’s final decision. In support thereof,
the Illinois EPA respectfully states as follows:
1.
On August 28, 2003, the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2.
On September 19, 2002, the Petitioner made a written request to the Illinois EPA
for an extension of time by which to file a petition for review, asking the Illinois EPA join in
requesting that the Board extend the thirty-five day period for filing a petition to ninety days.
The Petitioner did not represent when the final decision was received. (Exhibit B)
1
3.
The additional time requested by the parties may eliminate the need for a hearing
in this matter or, in the alternative, allow the parties to identify issues and limit the scope ofany
bearing that maybe necessary to resolvethis matter.
WHEREFORE, for the reasons stated above, the parties request that the Board, in the
interest ofadministrative and judicial economy, grant this request for a ninety-day extension of
the thirty-five day period for petitioning for a hearing.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
Assistant Counsel
Special Assistant Attorney General
Divisionof Legal Counsel
1021 North Grand Avenue, East
P.O.Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: October 2, 2003
This filing submitted on recycled paper.
2
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ILLINOiS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTh GRAND
AVENUE
EAST,
P.O. Box 19276,. 5pRINc~lELo,ILLINOIS 62794-9276, 217-782-3397
)AM~5R. THOMPSON CENTER, 100 WEST RANDOLPH, SuITE 11-300, CHICAC~,IL 60601, 312-814-6026
ROD R. BLACOJfVICH, GOVERNOR
RENEE CIPRI/’~NO,DIRECTOR
217/524-3300
Certified Mail
August 28, 2003
7002 3150 0000 1219 7929
7002 3150 0000 1219 7912
Village of Robbins
Allied Waste Transportation, Inc.
Attn: I~eneBrody
Attn: Steve Smith
3327 West
137th
Street
13701 South Kostner
Robbins, Illinois 60472
Crestwood, Illinois
60445
Re: 0312700001 —Cook
County
R.obbins Resource Recovery
Log No. 2003-161
Permit File
Dear Ms.
Brody:
This will acknowledge receipt of
your
Application for Permit to modif~,’a solid waste
management site, dated May 6, 2003, which was received by the
Illinois Environmental
Protection Agency (“Illinois EPA”) on May 7, 2003. The following Addendums to the
application were also received and reviewed as part of the application:
Docurn~nt
Dated
Date Received
Copies ofthe Siting Resolutions
May 12, 2003
May 12, 2003
Request for Extension/Waiver
June 27, 2003
June 27, 2003
Response to Notice of Deficiency
July
10,
2003
July 11, 2003
Your application to develop
and
operate a
recycling and
waste transfer station on a portion of the
former Robbins Resource Recovery facility is denied.
You have failed to provide proof that
granting this permit would not result in violations ofthe
• Illinois Environmental Protection Act (Act). Section 39(a) of
the Act
(415
ILCS
5/1
et Seq.)
requires the Illinois EPA to provide the applicant with specific reasons for the denial ofpermit.
In acco:dance with 35 Ill. Adrri. Code 807.207, the Illinois EPA cannot issue the permit for the
•
foUowing reasons:
1.
rhe
applicant failed to submit sufficient documentation that the facility has obtained local
siting approval to conduct a waste transfer facility and receive special waste. This
information was required in accordance with 35 Illinois Administrative Code (IAC)
807.205(b). This section requires the applicant
to
submit such
additional information as
is reasonably necessary to determine whether the waste management activities will, meet
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2125 5outh
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Street, Champai8rt, IL. 61820— (217) 278.5600
SPRINCFIELD —
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Page 2
the requirements ofthe Act and
regulations.
Section 39(c) ofthe Act prohibits the
Lilinois EPA from granting a development permit to a new pollution control facility
unless the
applicant submits proofthat the location has been approved in accordance with
Section 39.2
ofthe Act.
2.
The applicant proposed to conduct waste management activities outside the proposed
new solid waste management site. Site security, access control and waste
receiptiprocessing are activities involving the storage and transfer ofwaste. 35111. Adm.
Code 807.201 states no person shall cause or allow the development ofany new solid
waste management site without a development permit issued by the Illinois EPA.
• 3.
In accordance with 35 III. Adm. Code 802.205(a), the applicant failed to:
a.
demonstrate the capacity of the containment system is sufficient to collect
releases and accumulated liquids in order to prevent the migration of waste or
accumulated liquids to the soil, groundwater or surface water at any time during
Lisuse to insure a violation of21(a) ofthe Act does not occur;
1.
provide procedures for detecting and managing unacceptable wastes which may
arrive mixed in waste shipments to insure compliance with Sections’22.22, 22.23,
22.28, 56.1, 55(a),21(e) and 21(f) ofthe Act;
c.
provide a copy of Allied’s Special
Waste reference guide. This guide details the
type4 time
and frequency oftesting to
be performed on wastes used in
the
solidification process to insure the facility operator
can properly treat the waste
and to ensure the resulting treated waste will meet the condition for disposal at an
off-site facility in accordance with Section 2 1(d) the Act;
d.
indicate that records of the amount ofwaste received and transferred arc
maintained in their operating record in accordance with 21(4) of the Act;
provide detailed information on the design ofa water vapor/misting system for
odor control necessary to evaluate and permit the development and operation of
the system in accordance with Section 21(d) of the Act; and
f.
identify the parameters tested in Section V oftheir generator waste profile sheet
to insure compliance with Section 2 1(d) ofthe Act.
Because ofthe deficiencies described above issuance ofthis permit would result in violations of
35111. Adrn.
Code, Sections 807.201, 807.202, 807.205, 807.207,
and Sections 21(d)(2), 2 1(e),
39(a)
and 39•(c) of the Act.
Within 35 days after notification of the final permit decision the applicant may petition for a
hearing before the Illinois Pollution Control Board to contest th~decision ofthe
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
within
the 35-day initial appeal period.
?‘~LL.L~UWI~NUNINLtNI11?’~L
~
LIIUL1S
MtL~IUN
tffJU04/U04
Page 3
Should you wish to reapply or have any questions regarding this application, please contact Mark
A. Schollenberger, P.E., at 217/524-3307.
Sincere!
Joyce L. Mu e, P.E.
Manager, Permit
Section
Bureau of Land
JLM:1~3~:bjh\03138Is.doc
cc:
Kenneth J. Karl, EMCON/OWT, Inc.
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HINSHAW & CULBERTSON
ATTORNEYS
AT LAW
BELLE
VILLE,
ILLINOIS
CHAMPAIGN, ILLINOIS
CHICAGO, ILLINOIS
CRYSTAL
LAKE, ILLINOIS
JOLIET,
ILLINOIS
LISLE, ILLINOIS
PEORIA, ILLINOIS
ROCKFORD, ILLINOIS
SPRINGFIELD, ILLINOIS
WAUKEGAN,
ILLINOIS
PHOENIX, ARIZONA
WRITER’S
DIRECT
DIAL
815-490-4906
September 19, 2003
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900
Facsimile 815-490-4901
www.hinshawculbertson.com
chelsten@hinshawlaw.com
CERTIFIED MAIL RI~TURNRECEIPT
John Kim
Division ofLegal Counsel
Illinois Environmental Protection Agency
1021 North GrandAve. East
P.O. Box 19276
Springfield, IL 62794-9276
Re:
Robbins Resource Recovery (Log No. 2003-161)
Permit File: 0312700001-Cook County
D’~arJohn:
LOS
ANGELES, CALIFORNIA
SAN
FRANCISCO,
CALIFORNIA
FT. LAUDERDALE, FLORIDA
JACKSONVILLE,
FLORIDA
MIAMI,
FLORIDA
TAMPA. FLORIDA
SCHERERVILLE, INDIANA
MINNEAPOLIS, MINNESOTA
ST.LOUIS, MISSOURI
NEW
YORK,
NEW
YORK
APPLETON, WISCONSIN
MILWAUKEE, WISCONSIN
FILE NO. 820753
RECE~
~fLegal
COU~~g
SEP 23 2003
Environmentai Protection
Agency
AS you know, on August 28, 2003, the Illinois Environmental Protection Agency (“illinois
EPA”) denied the Application for Permit to modify the above-mentioned solid waste
management site. A copy of that letter is attached hereto. The Applicants herein have directed
me to request an extension of the deadline for Petition for Further Review of Illinois EPA’s
decision to the Illinois Pollution Control Board for a period of time not to exceed 90 days.
Please advise if the Agency will execute such a request for extension of the time period in which
to appeal this matter to the Board.
Verytruly yours,
70377579v1 820753
HINSHAW &
CFH:jml
cc:
•
William Mansker
Steve Smith
•..
•
A PARTMF.RSFTIP INCT.I
IDING
PROFP.SSIONAT.
CORPORATIONS
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on October 2, 2003, I served true
and correct copies of a REQUEST FOR NINETY DAY EXTENSION OF APPEAL PERIOD,
by placing true and correct copies in properly sealed and addressed envelopes and by depositing
said sealed envelopes in a U.S. mail drop box located within Springfield, Illinois, with sufficient
First Class Mail postage affixed thereto, upon the following named persons:
Dorothy M. Gunn, Clerk
Charles F. Helsten
Illinois Pollution Control Board
Hinshaw & Culbertson
James R. Thompson Center
•
100 ParkAvenue
100 West Randolph Street
•
P.O. Box 1389
Suite 11-500
Rockford,IL 61105-1389
Chicago, IL 60601
ILLiNOIS ENVIRONMENTAL PROTECTION AGENCY,
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)