CLERK’S OFFICE

JUN

IJ 72004

Pollution Control Soarc~

BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD

PETITION BY HAYDEN

)

WRECKING CORPORATION

)

FOR AN ADJUSTED

)

DocketNo.:

AS 04-003

STANDARD FROM

)

35

ILL, ADM. CODE

§

620.410(a)

)

RESPONSE TO IEPA RECOMMENDATION

TO PETITION FOR ADJUSTED STANDARD

COMES NOW, Hayden Wrecking Corporation (“Hayden”), through its

undersigned counsel, and pursuant to Section 28.1

of the Illinois Environmental Protection Act

(the “Act”), 415 ILCS

5/28.1,

and 35

Ill. Adm. Code 104.416(d), files this Response to the

Illinois Environmental Protection Agency’s (“JEPA”) Recommendation to Hayden’s Petition for

Adjusted Standard.

The JEPA recommends that the Illinois Pollution Control Board (“Board”)

grantHayden an Adjusted Standard from the

Class I groundwater standards for four inorganic

chemicals codified at 35

Ill.

Adm. Code 620.410(a), subject to two conditions:

(1) clarification

ofthe specific regulations that the Petition and Adjusted Standard address, and (2) clarification

that the revised standards

apply exclusivelyto

Hayden’s facility.

See Recommendation, p.6.

Hayden has no objection to these conditions and responds as follows:

I.

Proposed Adjusted Standard—35

III.

Adm. Code 104.406(f)

The IEPA’s proposed conditions relate to 35

Ill. Adm.

Code 104.406(f), which

requires a Petition for Adjusted Standard to include both a narrative description ofthe proposed

adjusted standard and proposed language for a Board order imposing the standard.

Hayden has no objection to clarifying this and proposes to revise the Class I

groundwater standards for arsenic, iron,

lead and manganese only at its

former landfill sites as

follows:

---

620.4 10 Groundwater Quality Standards for Class

I: Potable Resource Groundwater

a)

Inorganic Chemical Constituents:

Except due to natural causes or as provided in Section

620.450,

concentrations ofthe following chemical constituents must not be exceeded in Class

I

groundwater

(those limitations marked with an

*

shall apply only to Hayden Wrecking

Corporation’s former landfill sites located near the intersection ofIllinois Route 203 and

Interstate

55/70

in Madison, St. Clair County, Illinois):

Constituent

Units

Standard

Antimony

mg/L

0.006

Arsenic

mg/L

0.05

(* 0.082)

Barium

mg/L

2.0

Beryllium

mg/L

0.004

Boron

mg/L

2.0

Cadmium

mg/L

0.005

Chloride

mg/L

200.0

Chromium

mg/L

0.1

Cobalt

mg/L

1.0

Copper

mg/L

0.65

Cyanide

mg/L

0.2

Fluoride

mg/L

4.0

hon

mg/L

5.0

(*

735)

Lead

mg/L

0.0075 (* 0.220)

Manganese

mg/L

0.15 (*24.2)

Mercury

mg/L

0.002

Nickel

mg/L

0.1

Nitrate as N

mg/L

10.0

Radium-226

pCi/i

20.0

Radium-228

pCi/l

20.0

Selenium

mg/L

0.05

Silver

mg/L

0.05

Sulfate

mg/L

400.0

Thallium

mg/L

0.002

Total Dissolved

Solids (TDS)

mg/L

1,200

Zinc

mg/L

5.0

The IEPA also points out that Hayden does not detail the costs associated with

achieving the Adjusted Standard, as required by

35 Ill. Adm. Code

104.406(f).

It will not cost

Hayden to comply with the Adjusted

Standard.

As stated in the Petition and recognized by the

JEPA, the requested alternate limits are based on the highest concentrations for each inorganic

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constituent previously found at Hayden’s former landfill sites.

As such, there are no

additional

efforts necessary and there are no corresponding costs associated with achieving the Adjusted

Standard.

II.

Compliance Alternatives

—35

Ill. Adm.

Code 104.406(e)

In addition to recommending the conditions mentioned above, the IEPA also

notes that 35

Ill. Adm.

Code 104.406(e) requires Hayden to describe the efforts which would be

necessary for Hayden

to comply with 35 Ill. Adm. Code

620.410(a), the regulation of general

applicability, and also requires a list ofthe compliance alternatives with corresponding costs.

Though the Petition lacks this information, the IEPA states this does not affect its decision to

recommend that the Board

grantHayden’s Adjusted Standard.

Hayden’s compliance options, other than pursuing this Adjusted Standard, are:

(1)

Hayden may attempt to locate the source ofthe exceeded levels of the inorganic constituents

and proceed with a judicial/administrative action to force the source to remediate both its on and

off-site constituents, or (2)

Hayden may attempt to

convince the IEPA/U. S. EPA to become

involved to force the source to

remediate the on

and off-site constituents.

The corresponding

costs and time frame associated with either option are unquantifiable, speculative, and

prohibitive (especially if litigation and/or stateresource costs are factored in).

In addition, there

is no guarantee that the source will be able to remediate the constituents to

the groundwater

quality standards enumerated in 35

Ill. Adm. Code 620.410(a).

The former landfill sites are now a paved parking lot for the Gateway

International Raceway, which is a source ofrevenue for St.

Clair County.

Either compliance

option described above would likely also

involve groundwater sampling and monitoring which

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could disrupt the transportation and parking structure ofthe Raceway and would be cost-

prohibitive.

III.

Impact on the Environment

—

35 Iii.

Adm. Code 104.406(g)

Finally, the JEPA notes that Hayden’s Petition does not discuss the impact ofits

activity on the environment should it comply with the regulation ofgeneral applicability, versus

the environmental impact if the Board approves the proposed Adjusted Standard.

The IEPA

points out that this omission is immaterial to its Recommendation to Grant the Adjusted

Standard.

The environmental impact ofcomplying with the Adjusted Standard is

the same

as, ifnot less than, the impact ofcomplying with the current groundwater standards.

The former

landfill sites have been closed since

1992 and have been graded and covered with limestone

since 1999.

Visitors to the Gateway International Raceway currently use the sites as a parking

lot.

Though no detrimental effect ofnoncompliance with applicable groundwater standards has

been shown, Haydenhas taken additional steps to ensure that complying with the Adjusted

Standard will not affect the environment.

As set forth in the Petition, Hayden will establish an

Environmental Land Use Control on the sites, and Hayden has enacted a groundwater ordinance

with the City ofMadison.

Both steps will

prohibit the potable use ofthe

site’s groundwater.

IV.

Conclusion

Hayden requests an Adjusted Standard from the requirements of 35 Ill. Adm.

Code 60.4 10(a) for arsenic, iron, lead, and manganese that will apply only to Hayden’s former

landfill sites in Madison, St. Clair County, Illinois.

The IEPA recommends that the Board grant

Hayden’s Petition,

subject to two conditions.

Hayden does not oppose these conditions and

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respectfully requests that the Board adopt Hayden’s proposed Adjusted Standard as soon as

possible.

Dated: June3,2004

Respectfully submitted,

GREENSFELDER, HEMKER, & GALE, P.C.

By

~

Donald E. Weihl

(#

2960672)

Christina L. Archer (#

6215708)

Anna C. Smith

(#

6279428)

10 South Broadway, Suite 2000

St. Louis,

Missouri 63102

Phone: (314) 241-9090

Fax: (314) 241-4245

Attorneys for Hayden Wrecking Corp.

CERTIFICATE OF SERVICE

The undersigned certifies that a copy ofHayden’s Response to IEPA Recommendation to

Petition forAdjusted Standard was deposited in an envelope with postage fully prepaid, and that

said envelope was deposited in a U.S. Post Officemailbox

in St. Louis, Missouri, on the ~~day

ofJune, 2004,

addressed to the following persons:

DorothyM. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, Illinois

60601

Kyle NashDavis, Esq.

Assistant Counsel

Illinois Environmental Protection

Agency, Division ofLegal Counsel

1021 North Grand Avenue East

P0 Box

1976

Springfield, Illinois

62794-9276

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