RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
APR 222004
WASTE MANAGEMENT OF ILLINOIS, iNC.,
)
STATE OF ILLINOIS
PolIut~onControl
Board
Petitioner,
)
No. PCB 04-
)
vs.
)
(Pollution Control Facility
)
Siting Appeal)
)
COUNTY BOARD OF KANKAKEE COUNTY,
)
ILLINOIS,
)
)
Respondent.
)
NOTICE OF FILING PETITION FOR HEARING
TO CONTEST SITE LOCATION DENIAL
TO:
See Attached Service List
PLEASE TAKE NOTICE that on April 21, 2004, we filed with the Illinois Pollution
Control Board, the attached Waste Management ofIllinois, Inc.’s
PETITION FOR
HEARING
TO CONTEST SITE LOCATION DENIAL.
W
TE MANAGEMENT OF ILLINOIS, INC.
By~LL./~
Donald J. Moran
PEDERSEN & HOUPT
161 North Clark Street, Suite 3100
Chicago, Illinois 60601
(312) 641-6888
Attorney Registration No.
1953923
One
Attorneys
388313
p
PROOF OF SERVICE
Victoria L. Kennedy, a non-attorney, on oath states that she served the foregoing Waste
Management of Illinois, Inc.’s
Petition
for Hearing to Contest Site Location Denial
by
enclosing same in an envelope addressed to the following parties as stated below, and by
depositing same in the U.S. mail at 161 N. Clark St., Chicago, Illinois 60601, on or before 5:00
p.m. on this 21st day of April, 2004:
Mr. Charles F. Helsten
Hinshaw & Culbertson
P.O. Box 1389
Rockford, IL 61105-1389
Mr. George Mueller
George Mueller, P.C.
501
State Street
Ottawa, IL
61350
Mr. Kenneth A. Bleyer
Attorney at Law
923 W. Gordon Ter., #3
Chicago, IL 60613-2013
Ms. Elizabeth Harvey
Swanson, Martin & Bell
One IBM Plaza
-
Suite 3300
330 North Wabash
Chicago, IL 60611
Mr. Edward Smith
Kankakee County State’s Attorney
450
East Court Street
Kankakee,IL 60901
Mr. Christopher Bohlen
Barmann, Kramer, and Bohlen, P.C.
200 East Court Street, Suite 502
Kankakee,IL 60901
Mr. Keith Runyon
1165 Plum Creek Dr.
Bourbonnais, IL 60914
Ms. JenniferJ. Sackett Pohlenz
Mr. David Flynn
Querrey & Harrow
175 West JacksonBoulevard
Suite 1600
Chicago, IL 60604-2827
Victoria L. Kennedy
\)
388313
-2-
RECE~VED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL
BOARD APR 22 20D4
STATE OF ILLINOIS
Pollution Control Board
WASTE MANAGEMENT OF ILLINOIS, INC.,
)
)
Petitioner,
)
No. PCB 04-
1
)
vs.
)
(Pollution Control Facility
)
Siting Appeal)
)
COUNTY BOARD OF KANKAKEE COUNTY,
)
ILLINOIS,
)
)
Respondent.
)
PETITION FOR HEARING
TO CONTEST SITE LOCATION DENIAL
Petitioner Waste Management of Illinois, Inc., (“WMII”), by Pedersen & Houpt, its
attorneys, respectfully requests a hearing to contest the decision of the County Board of
Kankakee County, Illinois (“County Board”) denying site location approval for the proposed
expansion ofthe Kankakee Landfill. In support ofthis Petition, WMII states as follows:
1.
This Petition is filed pursuant to Section 40.1(a) of the Illinois Environmental
Protection Act (the “Act”) (415 ILCS
5/40.1).
2.
On September 26, 2003, WMII filed a Site Location Application for Expansion of
the Kankakee Landfill with the County Board (“2003 Application”). This was a refihing ofthe
Site Location Application for Expansion ofthe Kankakee Landfill filed August 16, 2002 (“2002
Application”). The 2002 Application was approved by the County Board on January 31, 2003,
but reversed by the Pollution Control Board on August 7, 2003, on the jurisdictional ground that
one property owner was not properly served pre-filing notice.
3.
The 2003 Application was essentially the same request as the 2002 Application,
and sought site location approval for an approximate 302-acre expansion of the existing
Kankakee solid waste landfill, located in unincorporated Kankakee County, Illinois.
4.
Public hearings were conducted by the Kankakee County Regional Planning
Commission (“RPC”), and were held from January 12 to January 21, 2004. The entire record of
the 2002 Application was submitted in support of the 2003 Application. The RPC submitted a
49 page report setting forth its findings and recommendations that the 2003 Application be
approved.
5.
On March 17, 2004, the County Board considered the 2003 Application, and
voted to approve each of the statutory criteria except criteria one, three and six. A written
decision denying the 2003 Application was prepared and filed with the County Clerk on March
25, 2004. A true and correct copy of the decision (“March 25 Decision”) is attached as
Exhibit A.
6.
WMII submitted and the County Board agreed to consider a motion to renew
consideration ofthe 2003 Application. On April 13, 2004, the County Board deadlocked on the
motion in a 13-13 vote. The motion to renew may be reviewed and placed on the County
Board’s agenda at its May 11, 2004 meeting.
7.
To the extent the March 25 Decision is final and appealable, WMII contests this
decision and its denial ofcriteria one, three and six as fundamentally unfair, unsupported by the
record and against the manifest weight ofthe evidence.
8.
In the event the March 25 Decision is not final and appealable due to the County
Board’s reconsideration or further action on the motion to renew, WlvIII recognizes that this
petition for review may be premature.
WHEREFORE, WMII respectfully requests that the Board enter an order (a) setting for
hearing this contest of the County Board siting denial decision, (b) reversing the County Board
siting denial decision, or, in the alternative, (c) dismissing this petition as premature in the event
the March 25 decision is not final and appealable.
Respectfully submitted,
W STE MANAGEMENT OF ILLINOIS, INC.
~
One ofIts ttorneys
Donald J. Moran
PEDERSEN & HOUPT
Attorneys for Petitioner
161 N. Clark Street
Suite 3100
Chicago, IL 60601
Telephone: (312) 641-6888
04/16/2004
09:2?
KANKAKEE COUNTY CLERK
4
9131.23210990
NO.760 L02
KANKAKEECOUNTYBOARD
Decision Reoardin~theApDboatlon of Waste Manaoement of Illinois, Inc.
~ 25
~
C~ 9
For Local Siting
A~provafof
an Expansion of t~eExIstln~Kankakee_Lafld~ll
Whereas, on September 26, 2003, Waste Management of Illinois, Inc. (W~Ai1)”’
...
filed an applicati6n for local siting approval for an expansion of its existing Kankakee
Landfill; and
Whereas public hearings have been held on the application, before Hearing
Officer John McCarthy, and public comments filed or postmarked byFebruary 20, 2004
have been received; and
Whereas the Kankakee County Regional Planning Commission (KCRPC) has~
pursuant to the Kankakee
County
Siting Ordinance for Pollution Control Facilities (Siting
Ordinance), considered the application and the siting record, and has made findings
and recommendations to the Kankakee County Board (Board) (see attached Exhibit A);
and
•
Whereas, the KCRPC voted, pursuant to state law and the Siting Ordinance to
also consider
two comments
filed after
February
20, 2004, but no comments filed after
March 2, 2004; and
Whereas the Board has considered the record of the siting proceeding,
including,
but not limited to, the testimony, exhibits, and comment given at the public hearings, the
application, and the public comments; and
Whereas, the Board has also received and considered the recommendations of
the KCRPC; arid
Whereas, pursuant to state statute (415 ILCS 5/39.2) and the Siting Ordinance,
the Board Is to determine compliance or noncompliance with the statutory criteria of
Section 39.2 of the Environmental Protection Act;
IT (S HEREBY DETERMINED:
Jurlsdicjlon
The Board finds that all Jurisdictional requirements have been satisfied. Thus,
the Board has jurisdiction to considerWMII’s application.
~ndem~ntaiFah,iess
The Board finds that the proceedings have, been conducted in a fundamentally
fair‘manner.
,,
EXHIBIT
___I
04,16/2004 09:2?
KANKAKEE COUNTY CLERK
3
913123210990
NO.760 P03
~LUtorV
CrIteria
Section 39.2(a) of the Illinois Environmental Protection Act requires that an
applicant for
local siting approval demonstrate compliance with nine criteria.
Whether the facility is nepessaw to accommodate the
waste needs
of the are& it
Is Intended to. se~e,The KCRPC recommended that criterion one be found to
be satisfied, subject to a special condition. A motion that the Board adopt the
KCRPC’s recommendation failed on a vote of 12 In favor and 16
opposed.
Having no additional motions, the
Board
finds that criterion one is not satisfied.
2.
Whethedhefacii~yjsso designed1 located, and proposed to be opemtedthat$
public health. safety1, and welfarkwlll
be
proteqj~.The KCRPC found criterion
two is satisfied, subject to special conditions, A motion that the Board adopt the
KCRPC recommendation passed on a vote of 22 In f?vor and 6 opposed. The
Board finds that the proposed facility is so designed) located, and proposed to be
operated that the public health, safety, and welfare wilt be protected. However,
that finding is based upon the imposition of the following special conditions:
a.
There shall be no vertical expansion ofthe existing facility.
b.
The lateral expansion must be considered a separate unit from the
existing landfill, as defined in 35 lll,Adm.Code 810.103, and separate
groundwater monitoring networks shalt be maintained for the expansion
and tar the existing landfill.
a.
A field ‘verification must be performed to locate all private wells and
community wells, currently used as a source of potable water, located
within 1,000 feet of all boundaries of the property.
d.
lJowngradient monitoring well spacing in the uppermost aquifer
(regardless of gradient) must be provided, where adjacent potable water
supply walls are located in the Dolomite.
e.
Any and all sand deposits that are one foot thick, twenty feet wide, andlor
yield water for a period of more than 24 hours must be monitored as
potential contaminant migration pathway&
Leachate shall not be recirculated for a period of at least five years after
the receipt of the operating permit. Following this period, the landfill
operator may petition the County Board to recirculate leachate. The
County staff shall review the operational record of the site and consult with
an independent technical expert to determine If the operator has
- ~dernonstratedthat leachate recn-culation is a safe and”*ppropnate method
to hSndW~theleachate at this facility. Reasonable expenses of the
2
04/16/2004 09:2?
KANKAKEE COUNTY CLERK
-*
913123210990
NO 760 P04
technical expert shall be reimbursed by the landfill operator. Leachate
may not be recirculated without the express approval ofthe County Board.
g.
Soil bioremediation and solidification of waste is prohibited at the
facility, unless expressly approved In writing by the County Board.
h.
Compostlng of waste is prohibited at the facility, unless expressly
approved In writing bythe County Board,
An
annual topographic survey of existingwaste grades and elevations, of
final permitted waste grades and elevations, and final permitted contours
shall be conducted by the operator. Results of each annual survey must
be submitted to the County Planning Director within thirty days thereafter
to ensure ongoing compliancewith permit conditions at the facUlty.
j.
The construction quality assurance (CQA) officer shall be physicaliy
present on the landfill site a minimum of once per week during each stage
of critical liner construction including: 1) preparation of sub-grade; 2) low
permeability soil liner construction; 3) geomembrane installation; 4)
geotextile placement; 5) granular drainage layer construction; 6) leachate
system and associated piping Installation; 7) final cover construction; and
8) gas system installation. Documents signed and dated by the CQA
officer must be maintained evidencing his or her physical presence, and
must be made available to the County upon request. Technicians utilized
shall have at least five years experience and shall be approved by the
County Planning Director.
k.
The aôtive face must not exceed an area approved by the County
Planning Director. Ifthe operator believes the approved area is not
adequate for operations, the operator may petition the CounlyBoard for
allowance of a larger active face area.
An
independent professional engineer (approved by the County Planning
Director) shall be on-site to observe placement of the sand drainage layer
and the initial lift of waste placed in any new cell, The engineer shall
report directly to the County Planning Director, and shall have the
authority to stop placement of sand or waste during this initial operation if
he or she observes any conditIon that would or could damage the bottom
liner.
m.
Trucks, trailers, or any other vehible holding waste shall not be parked or
stored overnight at the facility, or staged on Route 45152, or on the right-
of-way outside ofthe landfill facility.
n
Fencing around tile entsr~~~cslsty~srequired ~toprevent unat~thoriz&ø_:
•
jcc~. An eight-foot M~floodenor other ~iew-obstwctlng,County~
3
NO.760 L?05
04/16/2004
09:27 KANKAKEE COUNTY CLERK
3
913123210990
acceptable fence shall be constructed on the east side of the property to
help block the view of the site. As coils are developed, the fence shaH be
extended to encompass, at a minimum, the waste footprint, with the fence
eventually encompassing the entire facility.
o.
Video recordings of all traffic entering the site shall be retained for a period
of at least six months. The County shall have the right to review the
recordings within two days of requesting to review a tape.
p.
The minimum number of random load inspections shall be three per week
as specified in state regulations. For any amount of tonnage received
above an average of 500 tons per day, the number of Inspections shall be
increased on the following basis:
For each 500 ton per day average increase, the number of
random weekly inspections shall be Increased by two, For
example, if up to 1000 tons per day average is accepted the
previous week, the week shall have five inspections (three
inspections for the first 500 tons, and two for the next 500).
Ifthe weekly rate is 2000 tons per day, the Inspection rate is
three plus two plus two plus two, to equal nine random
inspections.
After five years of operation, the landfill operator
may
request a review and reconsideration of this random
inspection requirement by the County Board, An authorized
County official shall have the tight to inspect and to be
present at any random load inspection.
q.
The
landfill operator shall pick up litter on a daily basis along Route 45/52
between the landfill and the I~57Interchange, as well as at least one-
quarter mile south ofthe landfill along Route 45/52. If allowed by adjacent
property owners, the landfill operator shall remove any litter attributable to
the landfill on those adjacent properties on a weekly basis. Perimeter
picking on site shall be performed daily to remove litter from trees, fencing,
and berms.
r.
The landfill operator shall install a radiation detector at the scale house.
The landfill operator shall record any alarm, and notify the County of each
occurrence, the level of radiation detected, and the manner of response.
s.
The maximum height of the landfill, and the lateral extent of the landfill,
shalE not exceed the height and lateral extent shown on the plans provided
in the application.
•
•
•
-
•
- •t*~
•
•~•
-,
—.
~ ~•-
—~
4-
t;
A ~3roundwaterJr pact Assessment (GIA) musThe submitted to the
4
04/16/2004 09:2?
KANKAKEE COUNTY CLERK
4
913123210990
NO.760
106
County and Its consultants prior to the submittal of a develo~imentpermit
application to IEPA. The landfill owner/operator shall reimburse the
Countyfor reasonable and necessary costs incurred in review of the GIA.
ii.
Copies ofthe development permit application and all subsequent permit
applications and required submittais to (EPA shall be submitted to the
County Planning Director at the same time the applications are submitted
to IEPA, at no cost to the County. All permits issued for the facility shall
be copied and submitted to the County Planning Director within 30 days
after any such permit Is received by the landfill owner/operator.
v4
The landfill operator shall build the berms on the west side of the property
at least 1,000 feet In advance of any cell construction, measured from the
southernmost coordinate of the cell.
For example, if the celrs
southernmost coordinate Is $ 3500, then the berm shall extend to $ 4500
or further south. The only exception to this condition is during the
construction of Phase I.
w.
The gas line that is to be relocated shall be fully sealed from any potential
migration from the landfill. Only fine-grained material shall be used as
backfill in the trench,
The construction shall be certified by an
independent professional engineer, such engineer to be approved by the
County Planning Director.
x.
Proof of each equipment operator’s training shall be provided to the
County Planning Director prior to that operator’s work at the site.
y.
The landfill operator shall notify the County Planning Director seven days
prior to collecting any required sampling or resampling. The landfill
operator shall provide the County with split samples for chemical analysis.
The County shall select the laboratory to which its sample(s) are sent for
chemical analysis. The landfill operator shall reimburse the County for the
reasonable and necessary costs of such testing and analyses, provided,
however, that such reimbursement shall not exceed $10,000 per calendar
year, adjust annually for the Chicago/Gary Metropolitan Area Consumer
Price Index.
z.
The landfill operator shall not request the use of sewage sludge as a
component of final cover In its IEPA permit application without first
obtaining County Board approval of such use.
aa.
An automatic monitoring system shall be installed to monitor the level of
leachate from each leachate sump area, The system shall record the
head in the sump such that at no time will the leachate level be~J1wedto
rise above the leve&that corresponth to one foot of heab on the jijier The
•
landfill operétor shdllThaintain the records from the automatic monitoring
5
~4/i6/2~4
~9:27
K~NKI~KEECOUNTY CLERK
-~
913123210990
NO.760 ~~07
system, and make those records accessible to the County,
bb.
The leachate containment area surrounding the leachate holding tanks
shall be sized appropriately to handle a potential spill volume equal to all
tanks present, unless the operator can demonstrate to IEPA that such a
requirement promotes operational safety hazards.
cc.
The landfill operator shall provide, as part ofits development permit
application to IEPA, a demonstration (water balance) that the watershed
north of 7500 S Road will not be negatively impacted by the facility. A
copy ofthis demonstration shall be submitted to the County Planning
Director,
dd.
The County Planning Director shall be notified at least fourteen days in
advance of construction of the stormwater control planned for each phase
of landfill development. The operator shall provide the County Planning
Director with a copy of all correspondence to or from IEPA related to
stormweter detention and runoffcontrol operations.
ee.
The Landfill operator shall implement the complaint procedure outlined in
the application, Including a hot line phone number, to address complaints.
if.
The landfill operator shall locate any farm drainage tiles on the property,
and cooperate and coordinate with the County and appropriate drainage
districts concerning possible and/or necessary removal or relocation of
those tiles. Any removed tiles shall be sealed from any potential migration
from the landfill. Only fine-grained material shall be used as~backfW in the
trench, The construction shall be certified by an independent professional
engineer, such engineerapproved by the County Planning Director.
gg.
A textured geomembrane shall be used when constructing the interior
sideslope drainage layer, unless otherwise permitted by IEPA.
hh.
A textured geomembrane shall be used on the final cover layer, unless
otherwise permitted by IEPA.
ii.
Final cover over a filled area is to be placed not later than 60 days after
placement of the final lift of solid waste, unless otherwise permitted by
JEPA. At no time shall the area exceed 10 acres, unless otherwise
permitted by IEPA.
B,
Leachate storage tanks shall be coated with a corrosive-resistant material
prior to use, unlessotherwise permitted by IEPA.
The
leachate containment area is to~tnspectedforleaks or spdts on a
‘~“
daily basis with all results recorded T~alog. The log shall be made
6
-
04/16/2004 09~27 KANKAKEE COUNTY CLERK
+
913123210990
NO.760
t~08
available to the County for review. Any stormwater susp~otedof being
contaminated In the leachate containment area shall be handled as
leachate, unless a sample is collected and tested for the annual leachate
parameter list, and it is demonstrated that all organic compounds are
below detection limits, and all inorganic compounds are detected at
concentrations below NPDES discharge limits.
All
stormwater detention basins and stormwater drainage ways/ditches
shall be inspected weekly during the operatIng life ofthe facility. A written
log shall be kept of the inspections and made available to the County for
review, The Inspections shall be conducted on a quarteily basis for five
years after certified closure of the facility. After five years of closure, the
frequency of these inspections may be decreased to annually with IEFA
approval. At the time of inspection, all debris shall be removed from the
inlet/outlet structures. If the sediment buildup in a basin or ditch is within
six inches below the Invert of the outlet structure, the basis shall be
dredged and all sediments removed.
All stormwater drainage
ways/ditches on property adjacent to the facility shall be inspected on the
same schedule (weekly during the operating life, quarterly during the first
five years of certified closure, then as approved by IEPA), if located on
publicly-owed land.
If located on privately owned land, the• same
inspections shall be performed if allowed by the property owner.
mm. Art independent professional engineer (approved by the County Planning
Director) must re-certify anyfinal cover disturbed as a result of Installation
of the gas management system, unless otherwise permitted by IEPA.
nn.
Due to the number of adjacent private potable water wells and the
unknown impact of the landfill on groundwater flow within the bedrock
aquifer, the maximum spacing between bedrock monitoring wells around
the entire landfill footprint shall be 250 feet1 unless otherwise approved by
IEPA.
No later than five years after the start of landfill operation at the
expansion, the operator shail install two additional deep dolomite aquifer
monitoring wells at locations and depths specified by the County, unless
otherwise permitted by IEPA.
00.
Leachate generation data will be recorded weekly per phase. ‘The volume
of leachate pumped/shipped per week shall be recorded in a
written
log
for each phase of the landfill. A monthly written summary comparing the
actual leachate generation data to the theoretical volume expected must
be submitted to the County Planning Director.
pp.
To provide additional hydrogeologic data on the southwest side ofthe
facility, two.~dditionalplezometers must be installed. Ths first piezometer
.shall be ins~ledmidway between GI 19A and G1~37A I*second
.
p~ezométer~sftailbe installed mIdway between G137A an~G14OA.The
7
- 04/16/2004 09:2?
KANKAKEE COUNTY CLERK 3 913123210990
NO.?60 P09
two new plezometers shall be developed, then single well acjuifer tested.
A minimum of one round ofstatic water levels shall be collected from all
the bedrock monitoring welts and piezometers, and the potentiometric
surface contour map ofthe bedrock aquifer shall be updated. The boring
logs, as-built diagrams, single well aquifertest data, and test reduction for
the two additional piazometers shall be included in the development
permit application to IEPA. The two additional piezometers shall be
proposed by the operator for the groundwater monitoring network in the
development permit application to IEPA.
qq.
Burning of any type (including vegetative prescribed burning) is prohibited
at the facility, unless expressly approved by the County Board.
rr.
When collecting groundwater samples, a well must be purged a minimum
•of 3 well volumes, and two consecutive field measurements with a
+1-
0.3
S.U. for pH and within 5 for specific conductivity must be conducted,
unless otherwise permitted by IEPA. All field measurements must be
performed in the field at the time of sampling, and not at the laboratory,
unless otherwise permitted by LEPA.
sa.
The temperature of the constructed soil liner that has not yet been
covered by waste shall be monitored continuously and documented in
sub-freezing temperatures. Liner soils exposed to free4ng temperatures
must be retested for permeability by lab (tube) or in-situ testing. Any soil
not meeting the I x 10 E -07 cm/sec requirements shall be
reconstructed/recompacted and then retested by permitted methods.
if.
Citizen refuse boxes shall be emptied daily if refuse is deposited in them.
uu.
Results of any initial test performed to determine the level of noise from
the gas flare or generator systems shall be submitted to the County
Planning Director. If the gas flare or generator systems are materially
changed after initial noise level testing, those systems shalt be promptly
retested.
w.
The citizen-use recycling opportunities at the facility shall include, at a
minimum, mixed paper, glass (green, brown, and clear), at least two
plastic types (numbers I and 2 plastIcs), ferrous metals, aluminum, and
cardboard. The operator shall submit, to the County Planning Director,
quarterly reports on the tonnage/weIght of all material received.
ww. The hours of operation at the facility are limited to one-half hour before
and two hours after waste acceptance hours. Thus, operations are limited
to 530am to 800pm, Mon~aythroughSaturday
-
An operable valve shall biTnifälled and continually maintained at each
a
04/16/2004
09:27
KANKAKEE COUNTY CLERK ~ 913123210990
NO.760
~10
sedimentation outlet basin. Proper operation of any and ~il such valves
shall be verified by no less than quarterly inspection, with the results of all
inspections documented and provided to the County upon request.
yy.
Because the model indicates the thickness of In-situ clay is critical for the
diffusion ofcontaminants, the operator shall verity that clay soil with at
least three feet of continuous thickness is located between the bottom of
the constructed clay liner and the top of the uppermost aquifer (dolomite
bedrock and basal sand unit). If the clay soil is found not to be three feet
thick, the underlying three feet ofmaterial shall be over-excavated and
recompacted so that a minimum of six feet of low permeability material is
In place Immediately below the HDPE liner, and that this material has a
maximum hydraulic conductivity of
I
x
jQ~1
cm/sec.
zz,
All conditions must be stated in the development permit application
submitted to IEPA. The operator shall provide specific notation to the
County Planning Director, with the location of each condition in the
development petmlt application by section, page, and condition numbers.
asa. The operator shall reimburse the County for reasonable expenses for
services of professionals reviewing and analyzing the groundwater
corrective action and assessment monitoring activities.
bbb. The operator shall install and maintain a double composite liner.
3.
Whether the facility is located so as to minimize incompatibility with the character
otthe surrounding ar?a and to mi~).mizethe effect on the value of the
surrounding proper~. The KCRPC recommended that criterion three be found
to be satisfied, subject to special conditions, A motion that the Board adopt the
KCRPC7s recommendation failed on a vote of 10 in favor and lB opposed.
Having no additional motions, the Board finds that criterion three is not satisfied.
4.
Whether the facility is located outside the boundary of the 100 vea~ogdpIain..or
the site is floodoroofed. The KCRPC recommended that criterion four be found
to be satisfied.
A
motion that the board adopt the KCRPC’S recommendation
passed on a voice vote. The Board finds that the proposed facility is located
outside the boundary of the 100 year floodplain.
5.
Whether the olan of oøerations for the facility is d_esioned to minimize the danger
to the surroundinri area from fire, spills, or other operationaL accidents. The
KCRPC recommended that criterion five be found to be satisfied. A motion that
the Board adopt the KCRPC’S recommendation passed on a vote of 20 in favor
and 6 oppoi~d,with 2 absent. The Board finrI~-thatthe~I~hof operations foi~the
facility is ~sjgned to minimize the danger to the s~~ndrngarea from fire,
spilI~,or oth& operational accidents. However, that finding is based upon the
9
04/16/2004
09:27
KANKAKEE COUNTY CLERK
4
913123210990
NO.760
E?11
Imposition of the following special conditions;
a.
The landfill operator shall in8tall a radiation detector at the scale house.
The landfill operator shall record any alarm, and notify the County of each
occurrence, the level of radiation detected, and the manner ofresponse.
b.
The facility’s Emergency Action Plan (EAP) shall include contingencies for
management of incidental hazardous (including radioactive) waste
Inadvertently received at the facility. The EAP shall specify, at a minimum,
qualified contractor criteria, overpackirig, and Immediate off-site removal
ofthe incidental hazardous waste.
6.
Whether the traffic paft~msto or from the facility are designed to minimize the
impact on existing traffic flows. The KCRPC recommended that criterion six be
found to be satisfied.
A motion that the Board adopt the KCRPC’s
recommendation failed on a vote of 12 in favor and 16 opposed. Having no
additional motions, the Board finds that criterion six is not satisfied.
7.
!f the facility wHl_ be treat, stori~g~ordisposing of hazardous waste, an
ergency response plan, exists for the facility ~,which..
includes notification.
~p~tainmentand evacuation procedures to be. used in case of an accide~~
release. The KCRPC recommended that criterion seven be found inapplicable.
A motion that the Board adopt the KCRPC recommendation passed on a voice
vote. The Board finds that the facility will not be treating, storing, or disposing of
hazardous waste, Therefore, the Board finds that this criterion is not applicable.
8.
If the facility js~,tobe located In a county where the county board has adopted a
a~JIdwaste manapement plan consistent with the ,pjanninq reciuirements of the
Local Solid Waste Di~p~salAct or the Solid Waste Planning and Recvc!i~gAct~
the facility Is consistent with that plan. The KC~PCrecommended that criterion
eight be found to be satisfied. A motion that the Board adopt the KCRPC
recommendation passed on a vote of 25 in favor and 3 opposed. The Board
finds that the facility is consistent with the Kankakee County Solid Waste
Management Plan, However, that finding is based upon the imposition of the
following special conditions:
a.
The landfill operator must comply with all obligations and responsibilities
of the Host Agreement between the County and Waste Management of
Illinois, Inc.
b.
The landfill operator must employ independent appraisers acceptable to
the
County as part of the Property Value Guarantee Program.
~
c
The Property Value G~pteeProgram must be amended’~toprnyi~~t1iat
the Program co?4inues~tffthirty years ifter the Included Property Owners
10
04/16/2004 09:2?
KANKAKEE COUNTY CLERK 4 913123210990
No.760 1fl2
are notified that waste is no longer being disposed of at the facility.
9.
If the facility will be located In a r~guiatedrecharae area, any. anpVca~ia
req~si~.mentsspecified b~.theIlilinois Pollution Contrail Board for such areas
have been met. The KCRPC recommended that criterion nine be found
inapplicable. A motion that the Board adopt the KCRPC recommendation
passed on a vote of 27 In favor and I opposed. The Board finds that the facility
will not be located In a regulated recharge area. Therefore, the Board finds that
this criterion is not applicable.
Conctuslon
The Board finds that all conditions recommended in this resolution are
reasonable and necessary to accomplish the purposes of Section 39.2 of the
Environmental Protection Act. (415 ILCS 5/39,2.)
local sitingBecauseapprovalthe forBoardthe
hasproposedfoundexpansionthat criteriaIs
denied.one,
three, and six are not satisfied1
This Decision made and entered on March 17, 2004.
ATTEST:
RL A. KSIJSE,
CHAIRMAN
BRUC~ECLA~R,COUNTY
CLERK
11
