RECE~VED
CLERK’S OFFICE
BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
JUL
152004
STATE OF ILLINOIS
Pollution Control
Board
IN
THE MATTER OF:
)
)
PETITION OF JOHNS
MANVILLE
)
FOR AN ADJUSTED STANDARD FROM
)
35 ILL.ADM.
CODE PART 814,
§~
811.310,
)
811.311,811.318
)
AS 04-04
)
(Adjusted Standard-Land)
)
NOTICE OF FILING
To:
Attached Service List
Please take notice that on July
15, 2004, Johns Manville has filed the attached
appearance (pursuant to
35
Ill.Adm.Code
§
101.400), and the attached Publisher’s Certificate
(pursuant to
35
Ill.Adm.Code
§
104.4 10) with the Illinois Pollution Control Board in the above-
captioned proceedings, copies of which are hereby served upon you.
Johns Manville, Petitioner.
By:________
One of Its Attorneys
Edward P. Kenney
Sidley Austin Brown &
Wood LLP
Bank One Plaza
10 South Dearborn Street
Chicago, Illinois 60603
(312) 853-7000
Dated:
July
15,
2004
THIS
FILING IS PRINTED
ON RECYCLED PAPER
R~C
SO~P0~
CL~B~
.~UL~~ 2OO~
-
S1P~O
BEFORE THE ILLf~Q~POLLUTION
CONTROL BOARD
IN THE
MATTER OF:
PETITION OF JOHNS MANVILLE
FOR AN ADJUSTED STANDARD FROM
35 ILL.ADM.
CODE PART 814,
§~
811.310,
811.311, 811.318
)
)
)
)
)
)
AS 04-04
)
(Adjusted Standard-Land)
)
APPEARANCE
Comes now, the undersigned, an attorney licensed to practice in the State
of
Illinois, and hereby submits his appearance in the above-captioned proceeding on behalf of
Petitioner Johns Manville.
Respectfully Submitted,
Edward P. Kenney
Sidley Austin Brown & Wood LLP
Bank One Plaza
10 South Dearborn Street
Chicago, Illinois 60603
(312) 853-7000
Kenney
2THIS
FILING IS SUBMITTED
ON RECYCLED PAPER
RECE~VED
CLERK’S OFFICE
Annexed
Notic
Notice
of Petition
by
Johns
Monville for
on
Adjusted
Standard
before
the
IllinoIS
PollutIon Control Board
Johns
ManvIlle, a Delaware
corporation,
which
owns
a
former manufacturing plant
located at
1871
NorTh Persh-
ing
Road, Waukegan, IllinoIs
In
Lake County
has tiled
a
PetItion
for
an
Adjusted
Standard
before the
Illinois
Pollution
Control
Board,
pursuant to
Section
26.1
of
the
Illinois
Environmental
Protection
Act,
415
ILCS
Section
5/281,
and
35
lii-
Adm.Code
SectIons
104.400
et
seq.
This
petition
was
filed with the Pollution Con.
trot
on June
30,
2004,
and
has
been
assigned
Docket
Number
AS
04-04
by
the
Pollution
Control
Board.
Johns
Monville
formerly
operated
a
manufacturing
plantonthe property,
which
ceased operations
in
1998.
Johns
Manville
also oper-
ated an on-site
landfill
that
received
nonhazardous,
non
asbestos-containing
solid
wastes
generated
from
its
own
on-site manu-
focturin~activities
while
•the
plant
was operating.
The
proposed
adjusted
standard
would
apply
to
certain
specific
requIre-
ments
contained
in the Illi-
nois
Pollution
Control
Board’s
land
pollution con-
trol
regulations
relating
to
landfill
gas
collection
and
monitoring
and
ground.
water
monitoring.
Specifi-
cally,
JM
seeks
adiusted
standards
10 35
ilL
AdmCode
part
814,
which
incorporates 35 iii.
AdmCode
Sections 811.310.
811.31i and
811.318. The ad-
justed
standard
would
as-
sist In
the efficiency of
final
closure of the landfill by JM.
The
proposed
Odiusted
standard would adcWess the;
frequency
of landfill
gas
monitoring, and the location
of
iandfili gas
and ground-
water monitoring wells. The
proposed
text
of the ad-
justed
standords
is
as
fol-
lows:
‘In lieu of
compliance
with
35
lli.AdmCOdO
81L310(CX1)
as
applied
to
the
On-Site
Landfill at ~
a-
cillty In
Wauhegan,
lliinols,
Johns
Monville shall
oper-
ate
all
gas
monItoring
de-
vices, IncludIng the ambIent
air monitors, such
that
sam-
ples
will
be
collected
on a
semi-annual basis
fora per-
Iod
of
fIve
years
followIng
approval
of
this
adjusted
standard.
If, at
the
end of
five
years,
the
require-
ments
for
Implementing
a
Landfill
Gas Collection Sys.-
tern
(35
llLAdm.Code
811-311) are not
met,
no
fur-
ttier
monitoring will be con-
ducted?
‘in
lieu
of compliance
with
35
llLAdm.Code
811.311(aXl)
as
applied
to
the
Qfl.~If~
Landfill at Its
to.
cillty
In
Waukegan,
Illinois,
Johns Manvllte
shall install
o
gas management
system
If a
methane concentration
greater than
50
percent of
the
lower explosIve
limit
In
air,
Is
detected
below the
ground
surface by
a
moni-
toring
devIce or
Is detected
by
an antient
air monitor
located
at 200
feet
from the
edge of the
unit or
the prop-
el-tv
lIne, whichever
Is less.’
‘in
lieu
of
compliance
with
35
ilLAdmCode
81L318(b)(4)
as applied to
the On-Site Landfill at its fa-
cility
in
Wcuukegan,
Illinois,
Johns
Manville
shall Install
groundwater
monItoring
wells
at a
distance
of no
more than
200 feettrom
the
edge
of the unIt or
the prop-
erly
line,
which
ever Is less?
Any
person
may
cause
a
public hearIng to be
held In
the
above-described
ad-
justed
standard
proceeding
by
filing a
hearing
request
with
the
Illinois
Pollution
Control
Board
within
21
days after
the
dote
of the
publicatIon of
this
notICe,
The
hearing
request
should
clearly
Indicate
the
docket
number
for
the
odlusted
standard
proceeding,
as
found
In
thIs
notice,
and
must be mailed to the
Clerk
of the
Board,
IllInois
Pollu-
tIon
Control
Board, 100 West
Randolph
Street,
Suite
11-500,
Chicago,
illinoIs
60601.
#01288 7/7
FOX
jAtC~’
PUBLICATION~NC.
By
P2
ti~r
W
JUL
152004
STATE OF ILLINOIS
Publisher’s
Cer
~B~t~fl
Control Board
THIS
IS TO
C~ERTIFY
that
the
nohce,
a true copy ofwhich
is
hereto
annexed,
was
published
in
The
News-Sun
a
secular
newspaper
of
general
circulation
in
the
County
of
Lake
and State of
Illinois, published
daily
excepl
Sunday
in
the
City
of
Waukegan.
Lake
County
and
State
of
Illinois
by
Fox
Valley
Publications.
Inc.,
a
corporation
organized
and
existing
under
the
laws
of
the
~tati~iinois,~_L_,_
ti7es,
the
~
~7day
L_~f
AD.
20
~‘
~
said
paper
being
out
rized
by
law
as
a
proper
medium
for
the
p
lication
of
legal
notices
in
said
county.
The
publisher does
further certify
that
said News-Sun
is
a news-
paper (a)
which
consists of not
less
than
four
(4)
pages
of
printed
matter
and
contains
at
least
130
square
inches of
printed matter per page: and
(b) which is
printed through
the
use
of
one of
the
conventional
and
generally
recognized
printing processes as defined by statue;
and
(c) which annu-
ally
averages
at
least 25
news
content
per
issue or
which
annually
averages
at least
1000 column inches of news con-
tent
per issue,
the term
~newscontent’ meaning any
printed
matter other than
advertising:
and
(d)
which pubiishes mis-
cellaneous reading matter,
legal or other announcements and
notices, and
news
and
information concerning
current hap-
penings
and
passing
events of a
political,
social,
religious,
commercial, financial or
legal nature,
and advertisements or
bulletins:
and
(e) which
has
been continuously published
at
regular intervals
of at
least once
each
week with a minimum
of 50
issues
per
year for
at
leasi
one year
prior
to
the
first
publication of the
annexed notice.
IN
WITNESS WHEREOF said Fox Valley Publications, Inc.,
publisher
aforesaid,
has
hereunto
caused
its
c
rporate
-~
~
to
be
hereunto
affixe
on
this
the
day
of
/
AD. 2(2
‘~“
.
by
its
duly
authorized
• icer or agent.
its
Publication
Fee
S
Received
pay
ee,~$
~)3
rnntO~o~
CERTIFICATE OF SERVICE
The undersigned, an attorney, hereby certifies
that he caused the foregoing notice
appearance, and certificate of publication to be served upon:
Division ofLegal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.0, Box
19276
Springfield, Illinois 62794-9276
Peter Orlinsky
Assistant Counsel, Northern Region
Illinois Environmental Protection Agency
9511
West Harrison Street
Des Plaines, Illinois 60016
Elizabeth Wallace
Assistant Attorney General, Environmental Law
188 West Randolph Street,
20th
Floor
Chicago, Illinois 60601
by placing the same in the United States mail, first-class postage prepaid, this
15th day ofJuly,
2004.
~~dwar~
CH1
2998l56vl
July
15, 2004
(12:18pm)
-
3THIS
FILING IS SUBMITTED ON RECYCLED PAPER
