ILLINOIS POLLUTION CONTROL BOARD

June 3, 2004

IN THE MATTER OF: PETITION OF

PETITION OF HAYDEN

WRECKING CORPORATION FOR AN

ADJUSTED STANDARD FROM

35 ILL. ADM. CODE 620.410(a)

)

AS 04-3

(Adjusted Standard - Water)

ORDER OF THE BOARD (by J.P. Novak):

In today’s order, the Board directs the petitioner to provide additional information in

support of its request for an adjusted standard. While acknowledging that the Illinois

Environmental Protection Agency (Agency) recommends granting the request subject to

conditions, the Board seeks additional information since the petitioner has waived hearing on its

request.

On April 29, 2004, petitioner Hayden Wrecking Corporation (Hayden) petitioned the

Board

for an adjusted standard from 35 Ill. Adm. Code 620.410(a), the Board’s Class I

groundwater standards, for four specified inorganic chemicals. Although Hayden has reserved

its right to request a hearing after reviewing IEPA’s recommendation on the petition, Hayden

now waives that right. Pet. at 12; s

35 Ill Adm. Code 104.422(a)(1).

For approximately 31 years until 1992, Hayden operated two landfills covering 13 acres

near the intersection of Illinois Route 203 and Interstate Highway 55/70 in St. Clair County. Pet.

at 2. Hayden’s site is located downgradient from the Milam Recycling and Disposal Facility, a

208-acre landfill site owned by Waste Management of Illinois, Inc. Pet. at 3. The Hayden site is

now graded and covered with clean limestone for use as a parking lot by the adjacent Gateway

International Raceway. Pet. at 2. As part of the process of closing its landfills, Hayden must

demonstrate that the groundwater in the vicinity of the site satisfies Class I groundwater quality

standards. Pet. at 3;

see

35 Ill. Adm. Code 805.508, 807.524. Hayden states that its site exceeds

Class I groundwater standards for arsenic, iron, lead, and manganese because those chemicals

originate from an upgradient, off-site source. Pet. at 12. Hayden further states that, even if it

remediates on-site groundwater, groundwater exceeding Class I standards for these four

chemicals will continue to flow beneath its property.

. On these bases, Hayden concludes that

its Class I Groundwater standards should be adjusted for arsenic, iron, lead, and manganese.

The Agency filed with the Board on May 24, 2004, its Recommendation to Petition for

adjusted standard.

See

35 Ill. Adm. Code 104.416(a). The Agency recommends that, subject to

certain conditions, the Board grant the petition and the requested adjusted standard from the

requirements of 35 Ill. Adm. Code 620.410(a). Agency Rec. at 1. Specifically, the Agency

The Board cites the petition as “Pet. at _.”

The Board cites the recommendation as “Agency Rec. at _.”

recommended two conditions that should be included in any adjusted standard adopted by the

Board: “1) clarification of the specific regulations which are addressed by the Petition and

Adjusted Standard; and 2) correction of the applicability of the revised standards to exclusively

the Hayden’s permitted facility.” Agency Rec. at 6.

Section 28.1 of the Act (415 ILCS 5/28.1 (2002)) and 35 Ill. Adm. Code 104.408(a)

requires publication of a notice of a petition for an adjusted standard in a newspaper of general

circulation in the area likely to be affected by the petitioner’s activity. The notice must be

published within 14 days of filing a petition for an adjusted standard with the Board. 35 Ill.

Adm. Code 104.408(a). As required by 35 Ill. Adm. Code 104.410, Hayden timely filed with the

Board a certificate of publication indicating that the

News-Democrat

of Belleville published

notice of the petition on May 11, 2004. To date, no party has requested a hearing in this matter.

The Board finds that the petition has not fully satisfied informational requirements

contained in Section 28.1(c) of the Act (415 ILCS 5/28.1(c) (2002)) and the Board’s rules at 35

Ill. Adm. Code 104.406. Specifically, the petition fails to provide the following information:

Under Section 28.1(c)(3) of the Act (415 ILCS 28.1(c)(3) (2002)) and 35

Ill. Adm. Code 104.406(g), the petition does not address the off-site

environmental impact of migration from the Hayden site of groundwater

with levels of certain inorganic contaminants above the Class I

groundwater standards.

Under 35 Ill. Adm. Code 104.406(d), the petition does not address off-site

properties downgradient from the Hayden site or any existing or

anticipated uses of the groundwater from those properties.

Under 35 Ill. Adm. Code 104.406 (d), although the petition states that the

site is not within the setback zone of any potable water supply well, Pet. at

5, the petition does not clarify whether there are any potable water wells or

public water supply wells within 2500 feet of the site.

Under 35 Ill. Adm. Code 104.406 (d) the petition does not include a map

of the site clearly identifying the location of the following: all water wells

within 2500 feet of the site, groundwater monitoring wells, the Milam

Landfill, Gateway International Raceway, and all relevant downgradient

properties.

Under 35 Ill. Adm. Code 104.406 (d), the petition does not clarify whether

Hayden monitored groundwater at the site before 1991 or after 2001. If

Hayden has monitored groundwater at the site before 1991 or after 2001,

the petition does not include results of such monitoring.

Under 35 Ill. Adm. Code 104.406(e), the petition does not describe the

efforts and corresponding costs that would be necessary to comply with

the regulation of general applicability. Also, the petition does not describe

any compliance alternatives and corresponding costs that would be

necessary to comply with the regulation of general applicability.

Without the additional information described above, the Board cannot grant the petition

for an adjusted standard. Because Hayden has waived its right to a hearing and because no party

has to date responded to the required publication of notice by requesting one, the Board does not

now expect to conduct a hearing in this matter. Accordingly, the Board directs the petitioner to

address the information requirements of Section 28.1 of the Act and Section 104.406 of the

Board’s rules as described above in an amended petition. If an amended petition curing the

noted deficiencies is not filed within 45 days of this order, this petition may be subject to

dismissal.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board

adopted the above order on June 3, 2004, by a vote of 5-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board