CLEF~’~~
6332-001
OCT
062003
ILLINOIS POLLUTION CONTROL BOARD
Po//utjwr~1E
QrA’
0~OFConILLINOIStroi
JO’LYN CORP.,
)
£JOard
)
Petitioner,
)
)
vs.
)
PCB04-
)
(Permit Appeal--Land)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF FILING
To:
Division of Legal Counsel
Illinois Environ mental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
PLEASE TAKE NOTICE that on this 6th day of October 2003, there was filed with
the Illinois Pollution Control Board, Petitioner’s
Appearance and Permit Appeal,
which are attached and herewith served upon you.
JO’LYN CORP.
By:~
e of Its Attorne s
Michael J. Maher
Elizabeth S. Harvey
SWANSON, MARTIN & BELL
One IBM Plaza, Suite 3300
330 North Wabash Avenue
Chicago, Illinois 60611
Telephone: (312) 321-9100
Firm l.D. No. 29558
CLERI’g OFP~(’F~
CERTIFICATE OF SERVICE
OCT o ~2003
I, the undersigned non-attorney, state that I served a copy of Petiti~1thth~S
and Permit Appeal to the IEPA Division of Legal Counsel via U.S. Mail1’~~Th~1~Mtf~J~ard
Chicago, IL 60611 on or before 5:00 p.m. on October 6, 2003.
~I4~
(~&ietteM. Podlin
x
Under penalties as provided by law
pursuant to 735 ILCS 5/1 -1 09, I certify
that the statements set forth herein
are true and correct.
Ii~ECE~VEL~CLERIc’g
OFFTC~
6332-001
OCT 062003
ILLINOIS POLLUTION CONTROL BOARD
Pollution
STATE OF
Control
ILLINOIS
Board
JO’LYN CORP.,
)
)
Petitioner,
)
vs.
)
PCB
04-~1
)
(Permit Appeal--Land)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
APPEARANCES
We hereby file our appearances in this proceedi
JO’LYN CORP.
Michael J. Maher
Elizabeth S. Harvey
Swanson, Martin & Bell
One IBM Plaza, Suite 3300
330 N. Wabash Avenue
Chicago, IL 60611
312.321.9100
on behalf of petitioner
6332-001
RECE1tVE~
CLERK’S OFRC~
ILLINOIS POLLUTION CONTROL BOARD
OCT 062003
JO’LYN CORP.,
)
Pollution
STATE OF
Control
ILLINOIS
Board
Petitioner,
)
vs.
)
PCBO4-
~1~1
)
(Permit Appeal--Land)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PERMIT APPEAL
Petitioner,
JO’LYN
CORP. (“Jo’Lyn”),
by its attorneys Swanson, Martin &
Bell, hereby appeals from respondent the ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY’s (“Agency”) September 9, 2003, decision denying Jo’Lyn’s request land
permit. This appeal is filed pursuant to Section 40 of the Environmental Protection Act
(“Act”) (415 ILCS 5/40) and Subpart B of Part 105 of the Board’s procedural rules (35
lIl.Adm.Code 105.Subpart B).
1.
Jo’Lyn is a proper petitioner pursuant to Sections 105.202(a) and
105.204(a) of the Board’s procedural rules. 35 III.Adm.Code 105.202(a), 105.204(a).
2.
The petition is timely, as the Agency issued its decision denying the
requested permit on September 9, 2003. The Agency’s decision is attached as Exhibit
A.
3.
Jo’Lyn’s process uses granulated bituminous shingle material (“GBSM”),
which is created during the manufacture of shingles. The GBSM consists of
cut-out
tabs, overruns, and damaged shingles. Jo’Lyn purchases the GBSM from shingle
manufacturers, and then grinds the material. The ground material, known as “Eclipse
Dust Control,” is then sold to customers for paving and dust control uses, including
parking lots, driveways, animal feed areas, bike paths, and walking paths. Eclipse Dust
Control has a number of benefits, including noise control and the elimination of dust,
requires no seal coating, and is long-lasting.
4.
Jo’Lyn spoke with the Agency
a number of times regarding whether it
needed a land permit for its operations, and engaged in correspondence and meetings
with the Agency on that issue. Despite a 1993 Agency “solid waste determination”
finding that GBSM is not a solid waste when used for pavement surfaces, the Agency
directed Jo’Lyn to apply for a land permit.
5.
Jo’Lyn’s permit application was received by the Agency on August 14,
2003. On September 9, 2003, the Agency issued its decision denying the application.
(See Exhibit A.) The first reason given for denial of the application is a failure to contain
documentation of local siting approval. The Agency has apparently determined that
Jo’Lyn’s facility is a waste storage site and/or a waste treatment facility.
6.
However, the GBSM used by Jo’Lyn is not a “waste.” In fact, the Agency
has previously determined that GBSM is not a “waste.” Because GBSM is not a
“waste,” Jo’Lyn’s facility is not a waste storage site or a waste treatment facility. No
local siting approval is necessary.
7.
Likewise, since GBSM is not a “waste,” no permit is needed. Jo’Lyn asks
the Board to determine that GBSM is not a “waste,” and to determine that no permit is
needed for Jo’Lyn’s operation.
8.
The other two reasons given by the Agency for denial of the permit are
technical reasons related to the forms on which the application was submitted, and
2
informational requirements. Both of those denial reasons are based on Part 807 of the
Board’s regulations. 35 III.Adm.Code Part 807. However, Part 807 applies only to solid
waste facilities. Since GBSM is not a “waste,” Part 807 is inapplicable.
9.
Jo’Lyn’s process of converting GBSM into “Eclipse Dust Control” is an
environmentally friendly process, which provides a better dust control and paving
process than other alternatives. Jo’Lyn’s process neither uses any “waste,” nor creates
any “waste.”
10.
Thus, Jo’Lyn seeks the following from the Board: a) a finding that GBSM
is not a “waste”; b) a finding that Jo’Lyn does not need a Part 807 permit; and c) such
other relief as the Board deems appropriate.
WHEREFORE, Jo’Lyn asks the Board: to find that GBSM is not a “waste”; to find
that Jo’Lyn does not need a Part 807 permit; to find that the reasons given for the
Agency’s denial of the
permit application were erroneous; and to order such other relief
as the Board deems appropriate.
Respecifully submitted,
JO’LYN CORP.
Michael J. Maher
Elizabeth S. Harvey
Swanson, Martin & Bell
One IBM Plaza, Suite 3300
330 North Wabash Avenue
Chicago, IL 60611
312/321-9100
Firm l.D. No. 29558
3
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276, 217-782-3397
JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601, 312-814-6026
ROD R. BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
217/524-3300
CERTIFIED MAIL
September 9, 2003
7002 2030 0001 1879 6132
Jo’Lyn Corp.
Kathy
Powles
P.O. Box
638
Harvard Illinois
60033
Re:
1118095005--MeHenry County
Ben’s Roofing, Inc.
(Kathy Powles)
Log No. 2003-308
Permit File
Dear Ms. Powles:
This will acknowledge receipt ofyour Application for a Permit to store and recycle granulated
bituminous shingle material (GBSM), dated August 12, 2003, which was received by the Illinois
Environmental Protection Agency (“Illinois EPA”) on August 14, 2003.
Your application is denied.
You have failed to provide proofthat granting this permit would not result in violations ofthe
Illinois Environmental Protection Act (Act). Pursuant to 35 Ill. Adrn. Code 807.207, upon
application for permit, the permittee must demonstrate compliance with all applicable provisions
of35 Ill. Adm. Code, Part 807. 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. The following
reasons are given:
1.
The application does not contain documentation oflocal siting approval and a completed
application Form LPC-PA8. Pursuant to Section 3.330 of the Illinois Environmental
Protection Adt (Act), a waste storage site and waste treatment facility constitute a
“Pollution Control Facility”. Section 39.2 ofthe Act requires the county board ofthe
county or the governing body ofthe municipalityto approve or disapprove the request for
local siting approval for each pollution control facility, which is subject to such review.
Pursuant to ~5~1ll.Adm. Code 807.205, Form LPC-PA8 must be completed and
documentation oflocal siting submitted with your application for permit. In accordance
with Section 39(c) ofthe Environmental Protection Act, the Illinois EPA may not grant a
permit for the development or construction ofa new pollution control facility unless the
applicant submits proofto the Agency that the location ofthe facility has been approved
ROCKFORD—4302 North Main Street, Rocklord, IL 61 103
—
(815) 987-7760 • Dts PLAINES —9511 W. Harrison St., Des Plaines, IL
ELGIN —595 South State, Elgin, IL 60123 —(847) 608-3131
•
PEORIA —5415 N. University St., Peoria, IL 61614— (309
BuREAu OF LAND
-
PEORIA — 7620 N. University St., Peoria, IL 61614 — (309) 693-5462 •
CHAMPAIGN —2125 South First Street, Champaig ~
SPRINGFIELD —4500 S. Sixth Street Rd., Springfield, IL 62706 — (217) 786-6892 •
COLLINSVILLE —2009 MalI Street, Collinsville, IL 6 ~
MARION — 2309 W. Main St., Suite 116, Marion, IL 62959 —(618) 993-7200
PRINTED ON RECYCLED PAPER
____________--
Page 2
by the County Board ofthe county if in an unincorporated area, or the governing body of
the municipality when in an incorporated area, in which the facility is to be located.
2.
The application is not submitted on original forms .as requiredby 35 Ill. Adm. Code
807.205(c). The following completed forms and required additional information are
required: LPC-PA1, LPC-PA3, LPC-PA4, LPC-PA8 and LPC-PA16.
3.
A technical review was not completed on your application. However, the following items
were discovered to be missing from the application. Each item is required in accordance
with 35 Ill. Adm. Code 807.207 and identified on Form LPC-PA3.
-
a.
The application did not include a site name.
b.
The application did not include the required applicant information.
c.
The application did not include location information.
d.
The application did not include facility information.
e.
The application did not include the information required for waste management
units located outdoors.
f.
The application did not include an inspection plan.
g.
The application did not include an operating record.
h.
The application did not include a closure plan.
Within 35 days after notification ofthe final permit 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 oftime 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.
Should you wish to reapply or have any questions regarding this application, please contact
Mary Riegle at 217/524-3329.
~cerely~
Joyce L. Munie~
Manager, Permit Section
Bureau ofLand
JLM:~\mls\0311 6r:~lbc