PCB

~

~e~’/

(Landfill Siting Appeal)

NOTICE OF FILING AND PROOF OF SERVICE

To:

Pollution Control Board, Attn: Clerk

100 West Randolph Street

James R. Thompson Center

Suite 11-500

Chicago, IL 60601-3218

Charles F. Helsten

Attorney for Southern Illinois Regional

Landfill, Inc.

Hinshaw & Culbertson

100 ParkAve.

Rockford, IL 61105

Larry Reinhardt

Jackson County Clerk

Jackson County Courthouse

1001 Walnut St.

Murphysboro, IL 62966

John J. McCarthy

Special

Assistant State’s Attorney for Jackson

County

45

E.. Side Square

Suite 301

Canton, IL 61520

PLEASE TAKE NOTICE that on the /~/~~day

ofMay, 2002, we sent via FedEx to

the

Clerk of the Pollution Control Board the original and nine copies of the PETITION FOR

REVIEW for filing in the

above entitled cause.

The undersigned

certifies

that

a

true

and

correct copy of the

PETITION

FOR

REVIEW

was served upon

each of the

above-identified

individuals via U.S.

mail, by

enclosing the

same

in

envelopes properly addressed,

with

postage fully prepaid, and

by

depositing

said

envelopes

in

a

U.S. Post Office mail box, on the/

~‘7’t~’

day of May, 2002.

St

en F. He

nger

Hedinger & Howard

1225

S. Sixth St.

Springfield, IL 62703

(217) 523-2753 phone

(217) 523-4366 fax

THIS FILING IS SUBMIUED ON RECYCLED PAPER.

RECEIVED

CLERK’S

OFFICE

MAY

1

5

2002

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD.

STATE OF ILLINOIS

Pollution

Control Board

GERE PROPERTIES, INC.

Petitioner,

V.

JACKSON COUNTY BOARD and

SOUTHERN ILLINOIS REGIONAL LANDFILL, INC.,

Respondents.

)

)

)

)

)

)

)

)

)

)

)

3

---

RECEIIVED

CLERK’S

OFFICE

MAY

15

2002

BEFORE THE ILLINOIS POLLUTION CONTROL BOARI~TATE

OF

ILLINOIS

GERE PROPERTIES, INC.,

)

Pollution

Control

Board

)

)

Petitioner,

)

v.

PCB~~~t27

)

(Landfill Siting Appeal)

JACKSON COUNTY BOARD and

)

SOUTHERN ILLINOIS REGIONAL LANDFILL, INC.,

)

)

Respondents.

)

PETITION FOR REVIEW

NOW COMES Petitioner, GERE PROPERTIES, INC. (GERE)

through its undersigned

attorneys, and hereby seeks review ofthe decision ofRespondent JACKSON COUNTY BOARD,

granting local siting approval of a new pollution control facility to Respondent SOUTHERN

ILLINOIS REGIONAL LANDFILL, INC. (SIRL).

GERE seeks review pursuant to Section

40.1

of the Environmental Protection Act, 415 ILCS

5/40.1.

1.

On November

5,

2001, Respondent SIRL filed its application for local siting approval of

the South Unit Expansion of its landfill pursuant to Section 39.2 ofthe Environmental Protection

Act, 415 ILCS 5/39.2.

2.

Hearings on the application were held on

February 4,

5,

14,

15

and 26, 2002.

On April

10, 2002,

the Pollution Control Facility Committee (Committee) ofthe Jackson County

Board,

which is charged by local ordinance with the duty of reviewing the evidenëe and making a

recQmmendation to the Jackson County Board, rendered

its recommendation.

The

Committee

found that the application ofSIRL for facility siting approval for a new pollution

control facility met

the criteria set forth in Section 39.2 ofthe Environmental Protection Act.

The Committee also

determined that ten conditions should be imposed for the siting approval.

On April 10,

2002, the

Jackson County Board rendered its decision on the application for siting approval.

The Jackson

County Board agreed with the findings of the Committee and approved the application with

conditions.

The Decision ofthe Pollution Control Facility Committee ofthe Jackson County

---

Board is attached as Exhibit A.

The Jackson County Board’s Resolution adopting the Decision of

the Committee is attached as Exhibit

B.

3.

GERE is a proper Petitioner for this proceeding pursuant to Section 107.200(b) of this

Board’s Procedural Rules, 35 Ill. Adm. Code Section 107.200(b), and pursuant

to Section

40.1 of

the Environmental Protection Act, 415 ILCS

5/40.1.

GERE participated in the siting hearings

by

cross examining SIRL’s witnesses and by presenting expert testimony and exhibits

objecting to the

expansion of the South Unit ofSIRL.

4.

GERE appeals the Jackson County Board’s decision because the ruling, as it pertains to

the first of the siting criteria (that the proposed facility is necessary to accommodate the waste needs

of its intended service area, 415 ILCS

5/39.2(a)(i)),

is against the manifest weight of the evidence.

GERE reserves the right to

add any other grounds for relief that may appear of record, including

that the Jackson County Board

lacked jurisdiction over the local siting application of SIRL.

WHEREFORE, Petitioner GERE PROPERTIES, INC. asks that this Board reverse the

Jackson County Board’s approval ofthe

expansion ofSIRL,

and for any other relief that this

Board deems appropriate.

Respectfully submitted,

GERE PROPERTIES, INC.,

Petitioner,

By its attorneys,

HEDINGER

& ‘HOWARD

By___________

Ste,fien F. Hedii’I’ger

Hedinger & Howard

1225

5. Sixth St.

Springfield, IL 62703

(217) 523-2753 phone

(217) 523-4366 fax

2

---

BEFORE THE POLLUTION CONTROL FACILITY COMMI1TEE

OF THE JACKSON COUNTY

BOARD,

JACKSON COUNTY, ILLINOIS

In

Re:

The Application for Site Location Approval ofthe South Unit Expansion, of the Southern

Illinois

Regional Landfill in

the County of Jackson, Illinois

DECISION

1.

Section

39(c)

of the

Illinois

Environmental

Protection

Act (415

ILCS

5/39

(c))

provides,

in

part, that

no permit

for the

development

or construction of a new pollution control

facility

may be

granted

by

the Illinois Environmental

Protection

Agency

unless

the applicant

submits proof to the Illinois Environmental Protection Agency that the

location of the facility

has

been

approved by

the

County Board

of the

County if in

an

unincorporated

area

in which

the

facility is to be located

in

accordance with Section

39.2 of the Illinois Environmental Protection

Act.

2.

Section

39.2 of the Illinois Environmental Protection Act (415 ILCS

5139.2)

provides,

in part,

that local siting approval shall be

granted by

the

County Board of the County in which

the facility is to be located only if the proposed facility meets the following criteria:

(i) the facility

is necessary to accommodate the

waste needs

of the area it

isintended to serve;

(ii) the facility is so designed, located and proposed

to be operated that

the

public

health, safety and welfare will be protected;

(iii)

the facility

is

located

so

as to

minimize

incompatibility

with

the

character of the surrounding

area and

to minimize the effect

on the value

of the

surrounding property;

(iv) (A) for

a facility other than a sanitary landfill or waste

disposal site,

the facility is located outside the boundary. of the

100-year flood plain or the site

is flood-proofed; (B) for a facility that is a sanitary landfill or waste disposal site,

the

facility is located outside

the boundary of the

100-year flood plain, or if the

facility is

a facility described

in

subsection (b)(3) of Section 22.19a,

the

Site

is

flood-proofed;

(v)

the

plan of operations

for

the facility

is

designed

to minimize

the

danger to the surrounding area from fire, spills, or other operational accidents;

(vi)

the traffic

patterns

to

or

from

the

facility

are

so

designed

as to

minimize the impact on existing traffic flows;

(vii) if the

facility will

be

treating,

storing

or disposing

of hazardous

waste,

an

emergency

response plan

exists

for

the

facility

which

includes

notification,

containment

and

evacuation procedures

to be

used

in case of

an

accidental release;

(Viii)

if the facility

is to

be located

in a

County where

the

County

Board

has

adopted

a

solid

waste

management

plan

consistent

with

the

planning

requirements of the Local

Solid \Vaste Disposal

Act

or the Solid

Waste Planning

and Recycling Act, the facility is consistent with

that plan;

and

(ix) if

the

facility will

be

located

within

a

regulated

recharge

area, any

applicable requirements specified by the

Board for such

areas have been met.

3.

Section

39.2 of the Illinois Environmental Protection Act (415 ILCS 5/39.2) provides,

in

part, that the County Board of the County in which the facility is to be

located shall

hold a

public hearing on

an application for site

location approval for such new pollution control facility.

4.

Southern Illinois Regional Landfill, Inc., which

is hereinafter sometimes referred

to as

“SIRL”, has filed an Application for Site Location Approval of the

South Unit Expansion of the

Southern

Illinois Regional Landfill

in Jackson County, Illinois, which is hereinafter sometimes

referred

to

as the “Application”.

5.

The Jackson

County Board

is the

governing body as determined by

Section

39(c) of

the

Illinois Environmental Protection Act (415

ILCS 5/39 (c)) who shall approve or disapprove

this

request

for

local siting approval

for

a

new

pollution control

facility

in

Jackson County,

Illinois.

6.

The

Pollution

Control

Facility

Committee ofthe

Jackson

County

Board,

which

is

hereinafter

sometimes

referred

to

as

the

“Committee”,

has

held

a

public

hearing

on

the

application

of

Southern Illinois

Regional Landfill, Inc.

for

facility

siting

approval for

a new

pollution control

facility

in Jackson

County, Illinois

on

February 4,

2002,

February

5,

2002,

February 14,

2002, February 15,

2002 and February 26, 2002.

7.

The Committee

reviewed and considered the application of Southern Illinois Regional

Landfill, Inc.

for facility siting approval for a new

pollution control facility

in Jackson County,

Illinois,

the engineering

reports submitted

by

Southern Illinois

Regional

Landfill,

Inc.,

the

transcript

of the public hearing, the

written

comments filed with

the

County Clerk of Jackson

County, Illinois and

the

Summary Report

to

the Jackson

County

Board

on

the

review of the

Siting Application

for

the Expansion of the

Southern Illinois

Regional

Landfill prepared

by

Patrick Engineering, Inc.

8.

The

statutory

procedures provided for

in Section

39.2 of the

Illinois Environmental

Protection Act (415

ILCS

5/39.2) concerning local

siting

approval have been

fully

complied

with.

9.

Based

upon

its

review of this

record, it

is

the

decision of the

Committee

and

the

Committee

hereby

finds

that

the

application

of

Southern

Illinois

Regional

Landfill,

Inc. for

facility siting approval for

a new pollution control facility in

Jackson County, Illinois meets the

criteria set forth in Section

39.2 of the Illinois Environmental Protection Act (415 ILCS

5/39.2).

10.

Section 39.2(e) of the

Illinois

Environmental Protection Act (415

ILCS 5/39.2(e))

provides, in part, that in granting approval for a site the County Board of the County in which the

facility

is

to be

located may

impose

such

conditions as

may be

reasonable

and necessary

to

accomplish the purposes

of Section

39.2 of the Illinois Environmental Protection Act and as are

not inconsistent with regulations promulgated by the Illinois Pollution Control Board.

11.

It is the judgment of the Committee

and the

Committee hereby finds that

in granting

approvalof the

application of Southern Illinois Regional Landfill, Inc. for facility siting approval

1

---

for a

new pollution control facility in

Jackson

County, Illinois, the following conditions shall be

imposed,

which conditions

are reasonable

and

necessary to accomplish

the purposes

of Section

39.2

of

the

Illinois

Environmental Protection

Act

and

are not

inconsistent

with

regulations

promulgated by the Illinois Pollution Control Board:

A.

SIRL shall

use SDR1 I

leachate collection

pipe or equivalent to collect leachate from

the bottom liner system.

B.

Jackson

County shall be sent the HELP

model

results when the developmental permit

application is submitted to the Illinois Environmental Protection Agency.

C.

If deemed

necessary

by

the

Jackson

County Highway

Engineer,

SIRL shall

install

adequate

erosion

control

that

protects

the public

road

ditches.

If the

outlets from

the

detention

basins

cause erosion

along the ditches adjacent to the

public roadways, SIRL

shall be

responsible

for

repairing

the

ditches

and

supplying

the

labor

and

materials

acceptable

to Jackson

County andor Dc Soto Township.

Materials may include, hut are

not limited to, riprap, topsoil, seed, and erosion blanket.

D.

SIRL shall

limit its horizontal

waste boundary or vertical elevations to those shown in

the Application.

The

elevations of the

landfill’s

invert shall

not he lower than

shown in

the

Application and

the

elevations of

the

landfills final

cover shall

not be higher

than

shown in the Application.

E.

All wells or piezometers abandoned in the waste footprint shall be abandoned by over

drilling, using

hollow

stem augers or

tricone rotary,

the

entire

depth of

the well,

and

tremie grouted

to the ground surface

using

a commercial bentonite

grout.

SIRL shall

provide at

least seven (7) days

written notice

to the Jackson

County Health

Department

prior to the

abandonment of each well

or piezometer.

Copies of the well or piezometer

abandonment

certification

shall he

supplied

to

the Jackson

County

Health Department

within seven (7) days of abandoning each well or piezometer.

F.

SIRL shall install

nested piezometers near

WBG

SD.

The

first piezometer shall be

screened into the sandstone

unit.

The

second piezometer shall be screened in

the middle

of

the

lacustrine unit.

The wells shall be logged,

constructed

and

developed under the

direction

of

a

registered

geologist

of engineer.

Single. well

aquifer

tests

shall

be

performed on

each well.

The hvdrogeologic report shall he updated to include additional

nested well water levels, hydraulic conductivity and potentiometric surface.

G.

A six-foot

to eight-foot

high

privacy fence

shall

be built

to screen the

view of the

equipment storage area from

Township Line Road or other public roads developed

in the

future.

In the alternative, natural vegetation or landscaping can he used forthis purpose.

H.

Additional screening

shall

he

provided

along

the

property

boundary

on

the

west

portions of the landfill between

the landfill and

private

residences.

SIRL shall take

into

consideration

the

homeowner’s preference of fencing, vegetation

screeningand/or a berm

prior to installing the screen.

I.

If any

above

ground petroleum

tank

is

newly installed

or relocated

in

the

future,

it

shall

he placed on

a liner that consists

of at least two

feet of compacted

clay and a 60-mil

HDPE geomembrane. or a liner system of equivalent permeability.

J.

Commercial waste vehicles

shall be

informed

to enter

and exit

the landfill

from the

east (using

U.

S. 51

and

Landfill

Road)

and

not

to

use

the

roads west of the

landfill

entrance.

This traffic

restriction shall be maintained for

the life of the expansion unless

the

Jackson

County

Highway

Engineer and

the

Jackson

County

Health

Department

concur

that

the

restriction

shall

be

lifted.

Commercial waste

vehicles

used

to

collect

waste

along Dumaroc

Road,

Township

Line

Road

or other

local

roads

as

deemed

appropriate

by

the

Jackson

County

Highway

Engineer

shall

be

exempt

from

this

restriction.

NOW, THEREFORE, the Pollution

Control Facility

Committee of the Jackson County

Board makes the following

recommendations to the Jackson County Board:

1.

That the Application

for Site Location

Approval of the South Unit

Expansion of the

Southern Illinois Regional Landfill be approved and granted.

2.

That the proposed

facility meets the following criteria as required by

Section

39.2 of

the Illinois Environmental Protection Act (415 ILCS 5/39.2):

(i)

the facility is necessary

to accommodate the waste

needs of the

area it

is intended to serve;

(ii) the

facility is so designed, located

and proposed to be

operated that the

public health, safety and welfare will be protected;

(iii)

the facility

is

located so

as

to

minimize

incompatibility

with

the

character of the surrounding

area and

to minimize the effect

on

the

value of the

surrounding property;

(iv) the facility is located outside the boundary of the

100-year flood plain;

(v)

the

plan of operations

for

the facility

is

designed

to

minimize the

danger to the surrounding area from fire, spills, or other operational accidents;

(vi)

the

traffic

patterns

to

or

from

the

facility

are

so

designed

as

to

minimize the impact on existing traffic flows;

waste;

(Vii)

the facility

will

not

be

treating,

storing

or disposing

of hazardous

(viii)

the

facility

is

consistent

with

the

Jackson

County

Solid

Waste

Management Plan; and

(ix) the facility is not located within a regulated recharge

area.

3.

That in granting

approval of the

Application for Site Location Approval

of the South

Unit

Expansion

of the

Southern Illinois

Regional Landfill

in

Jackson

County,

Illinois,

the

following

conditions

shall

be

imposed,

which

conditions

are

reasonable

and

necessary

to

accomplish the purposes of Section

39.2 of the Illinois Environmental Protection Act and are not

inconsistent with the regulations promulgated by

the Illinois Pollution

Control Board:

4

---

A.

SIRL shall use SDRI1

teachate

collection pipe or equivalent

to collect

leachate from

waste

along

Dumaroc

Road, Township

Line

Road

or

other

local

roads

as

deemed

the bottom liner system.

appropriate

by

the

Jackson

County

l-lighway

Engineer shall

be

exempt

from

this

restriction.

B.

Jackson County shalt be

sent the HELP

model results when

the developmental permit

application is submitted to the Illinois Environmental

Protection Agency.

PASSED by

the Pollution

Control Facility Committee of the Jackson

County Board at

a

meeting this

10h

day of April, 2002 upon

a roll call vote as follows:

C.

If

deemed

necessary

by

the

Jackson

County

Highway Engineer,

SIRL shall

install

adequate

erosion control

that

protects the

public

road

ditches.

If

the outlets

from the

AYES:

detention basins cause

erosion along

the ditches adjacent to

the public roadways,

SIRL

shall

be

responsible

for repairing

the ditches

and

supplying

the

labor

and

materials

NAYS:

acceptable to Jackson County and/or Dc Soto Township.

Materials

may include, but are

not limited to, riprap, topsoil, seed, and erosion blanket.

ABSENT:

D.

SIRL shall

limit its horizontal waste boundary or vertical elevations to those shown in

ABSTENTIONS:

the Application.

The elevations

of the

landfill’s

invert shall

not be

lower than

shown

in

the Application

and

the elevations

of the

landfill’s final

cover shall not

be

higher than

Respectfully Submitted,

shown in the Application.

E.

All wells or piezometers abandoned

in the waste

footprint shall be abandoned by over

drilling,

using

hollow stem

augers or tricone

rotary,

the

entire

depth of

the

well,

and

______________________________

tremie

grouted to

the ground

surface using

a

commercial bentonite grout.

SIRL shall

Bonnie Long, Chair

provide

at least

seven (7)

days written notice

to the Jackson

County Health

Department

prior to

the abandonment of each well or piezometer.

Copies of the well or piezometer

abandonment certification

shall

be

supplied to

the

Jackson County

Health Department

within seven (7) days of abandoning each well or piezometer.

F.

SIRL shall

install

nested piezometers

near WBG SD.

The first piezometer shall be

screened into the sandstone

unit.

The

second piezometer shall be screened in the middle

of the

lacustrine

unit.

The

wells

shall be

logged,

constructed and developed under the

direction

of

a

registered

geologist

or

engineer.

Single

well

aquifer

tests

shall

be

performed

on each well.

The hydrogeologic report shall be updated to include additional

nested well water levels, hydraulic conductivity

and potenlionletric surface.

G.

A six-foot

to

eight-foot high privacy

fence

shall be

built

to screen

the

view

of the

equipment storage area from Township

Line Road or other public

roads

developed in the

future.

In the alternative, natural vegetation orlandscaping can be

used for this purpose.

H.

Additional

screening

shall be

provided

along

the

property

boundary

on

the

west

portions of the

landfill between

the

landfill and private residences.

SIRL shall take into

consideration the homeowner’s preference of fencing, vegetation screening and/or a berm

prior to installing the screen.

I.

If any

above ground

petroleum tank

is

newly

installed

or relocated

in the

future, it

shall be placed on a liner that consists of at least

two feet of compacted clay and a 60-mil

HDPE geomembrane, or a liner system of equivalent permeability.

3.

Commercial waste

vehicles shalt be

informed to

enter and exit the landfill from

the

east

(using

U.

S.

51

and Landfill

Road)

and

not

to use

the

roads

west of the

landfill

entrance.

This traffic restriction shall be maintained

for the

life of the expansion

unless

the

Jackson

County

Highway

Engineer and

the

Jackson

County

Health

Department

concur

that

the

restriction

shall

be

lifted.

Commercial

waste vehicles

used

to collect

6

---

RESOLUTION NO.

A

RESOLUTION

GRANTING

LOCAL

SITING

APPROVAL

OF

THE

SOUTH

UNIT

EXPANSION

OF THE SOUTHERN

ILLINOIS

REGIONAL LANDFILL IN

THE COUNTY

OF JACKSON, ILLINOIS.

WI-IEREAS,

Section

39(c)of the Illinois Environmental

Protection Act (415 ILCS 5/39

(c))

provides,

in part,

that

no permit for

the

development or construction

of

a

new

pollution

control

facility may

be

granted by

the

Illinois

Environmental

Protection Agency unless

the

applicant submits proof to the

Illinois Environmental Protection Agency

that

the

location of the

facility has

been approved

by

the

County Board of

the County if in

an

unincorporated area

in

which the facility is to be located

in accordance with Section

39.2 of the Illinois Environmental

Protection Act; and

WHEREAS, Section

39.2 of the Illinois Environmental Protection Act (415

ILCS 5/39.2)

provides, in part, that local siting approval shall be granted by

the County Board of the County in

which the facility is

to be located only if the proposed facility meets the following criteria:

(i)

the facility is necessary to accommodate the

waste needs

of the

area

it

is intended to serve;

(ii) the facility is so designed, located and proposed to be operated that the

public

health, safety and welfare will be protected;

(iii) the

facility

is

located

so

as

to

minimize

incompatibility with

the

character of the surrounding area

and

to minimize the

effect on the value

of the

surrounding property;

(iv) (A) for

a facility other than a sanitary

landfill or waste disposal site,

the facility is located outside the boundary

of the 100-year flood

plain or the site

is flood-proofed; (B)

for a facility that is a sanitary landfill or waste disposal site,

the facility

is located outside

the boundary of the 100-year flood

plain, or if the

facility is

a facility described

in subsection (b)(3) of Section 22.19a, the site

is

flood-proofed;

(v)

the

plan of

operations for

the

facility

is

designed

to

minimize

the

danger to the surrounding area from fire, spills, or other operational accidents;

(vi)

the traffic

patterns

to

or

from

the

facility

are

so

designed

as

to

minimize the impact on existing traffic flows;

(vii) if

the facility

will

be

treating,

storing

or

disposing of

hazardous

waste,

an

emergency

response

plan exists

for

the

facility

which

includes

notification,

containment

and

evacuation

procedures

to

be

used

in case of

an

accidental release;

(viii) if the

facility is

to be located

in

a County

where

the County

Board

has

adopted

a

solid

waste

management

plan

consistent

with

the

planning

requirements of the Loch! Solid Waste Disposal

Act or the

Solid Waste Planning

and Recycling Act, the facility is consistent

with

that plan;

and

.0

.0

(ix) if

the

facility

will be

located

within

a

regulated

recharge

area,

any

applicable requirements specified by

the Board for such areas have been

met; and

\VHEREAS,

Section

39.2 of the

Illinois Environmental Protection Act (415 ILCS 5/39.2)

provides,

in part,

that the

County Board

of the County

in which the facility is to be located

shall

hold a public hearing on

an application for site location approval for such

new pollution control

facility; and

WHEREAS, Southern

Illinois

Regional

Landfill, Inc.,

which

is

hereinafter sometimes

referred

to as

“SIRL”,

has

filed an

Application

for Site

Location

Approval of the

South

Unit

Expansion of

the

Southern Illinois

Regional Landfill

in

Jackson

County,

Illinois,

which

is

hereinafter sometimes referred to as the “Application”;

and

WHEREAS, the Jackson County Board

is the governing body

as determined by

Section

39(c)

~f

the

Illinois

Environmental

Protection Act (415

ILCS

5/39 (c))

who shall approve

or

disapprove

this

request

for local siting

approval for a

new pollution

control facility

in

Jackson

County,

Illinois; and

WHEREAS,

the

Pollution

Control

Facility

Committee

of the

Jackson

County

Board,

which

is hereinafter sometimes referred to as the

“Committee”, has held

a public hearing on

the

application

of Southern

Illinois

Regional

Landfill, Inc.

for

facility

siting

approval for a

new

pollution control

facility

in Jackson .County,

Illinois on February

4,

2002,

February

5,

2002,

February 14,

2002,

February

15, 2002 and February 26, 2002; and

WHEREAS, the

Committee reviewed and considered the application of Southern Illinois

Regional Landfill, Inc. for facility siting approval for a new pollution control facility in Jackson

County, Illinois,

the engineering reports

submitted by Southern

Illinois Regional Landfill, Inc.,

the transcript of the public hearing, the written

comments filed with the County Clerk of Jackson

County,

Illinois and

the

Summary

Report

to the

Jackson

County

Board

on

the review of the

Siting

Application for

the

Expansion of ‘the

Southern Illinois

Regional

Landfill prepared by

Patrick Engineering, mc;

and

WHEREAS,

the

statutory

procedures

provided

for

in

Section

39.2

of

the

Illinois

Environmental

Protection Act (415

ILCS

5139.2)

concerning

local

siting approval

have

been

fully complied with; and

WHEREAS, based upon

its review of this

record, it was

the

decision of the Committee

and

the

Committee found

that

the

application of Southern

Illinois

Regional

Landfill,

Inc. for

facility

siting approval for a new pollution control facility in

Jackson County, Illinois meets the

criteria set forth in Section

39.2 of the Illinois Environmental Protection Act (415 ILCS 5/39.2);

and

WHEREAS, a copy

of the Decision of the Committee is attached hereto and made a part

hereof as Exhibit A; and

‘WHEREAS,

in

its

Decision,

the

Committee

recommended

that

the

application

be

approved; and

WHEREAS, the

Jackson

County Board has

reviewed

and considered

the Application of

Southern Illinois Regional

Landfill,

Inc.

for facility siting approval for a

new pollution

control

facility

in

Jackson

County,

Illinois,

the

engineering

reports

submitted by

Southern

Illinois

EXHIBIT

&

1

2

---

Regional Landfill,

Inc., the

transcript of the

public hearing, the

written comments filed with the

County Clerk of Jackson

County,

Illinois and

the Summary Report to the Jackson County Board

on

the review of

the Siting Application

for

the

Expansion of the

Southern Illinois

Regional

Landfill prepared by Patrick Engineering, Inc.; and

WHEREAS,

it

is the judgment

of the Jackson

County

Board

and

the

Jackson

County

Board hereby finds

that

the

application of Southern

Illinois Regional Landfill, Inc.

for facility

siting approval for a new

pollution control facility in Jackson County, Illinois

meets the criteria

set forth in Section

39.2 of the Illinois Environmental Protection Act (415 ILCS

5/39.2);

and

\VHEREAS,

Section

39.2(e) of the Illinois

Environmental

Protection Act

(415

ILCS

5/39.2(e)) provides, in part, that

in granting approval for a site the County Board of the County in

which

the

facility

is

to

be

located

may

impose

such

conditions

as may be

reasonable

and

necessary

to

accomplish

the purposes

of Section

39.2 of the Illinois Environmental Protection

Act

and

as are

not

inconsistent with

regulations

promulgated

by

the Illinois Pollution

Control

Board; and

\VHEREAS,

it

is

the judgment

of the Jackson County

Board and

the

Jackson

County

Board

hereby

finds

that

in

granting approval of the

application of Southern Illinois Regional

Landfill, Inc.

for facility siting approval for a

new pollution control

facility in

Jackson County,

Illinois,

the

following

conditions

shall

be

imposed,

which

conditions

are

reasonable

and

necessary

to

accomplish the

purposes of Section

39.2 of the Illinois

Environmental Protection

Act and

are

not

inconsistent with

regulations

promulgated

by

the Illinois Pollution

Control

Board:

A.

SIRL shall use

SDR11 leachate collection

pipe or equivalent to collect leachate from

the bottom

liner system.

B.

Jackson

County shall be sent the HELP

model results when the developmental permit

application is submitted to the Illinois Environmental Protection Agency.

C.

If deemed

necessary by

the Jackson

County Highway

Engineer,

SIRL shall

install

adequate erosion

control

that protects

the public

road ditches.

If the outlets

from

the

detention basins

cause erosion

along the

ditches adjacent to the public roadways,

SIRL

shall be

responsible

for

repairing the ditches

and supplying

the

labor

and

materials

acceptable to Jackson County

and/or Dc Soto Township.

Materials may include, hut

are

not limited to, riprap. topsoil, seed. and

erosion blanket.

D.

SIRLshall

limit

its horizontal waste boundary or vertical elevations to those shown in

the

Application.

The elevations

of the landfill’s invert

shall

not

he lower than

shown in

the Application

and

the elevations

of the landfill’s final

cover

shall

not be higher than

shown in the Application.

E.

All wellsor piezometers abandoned in the waste footprint shall be

abandoned by over

drilling,

using

hollow

stem

augers

or tricone

rotary, the

entire

depth of the

well,

and

tremie grouted

to

the ground surface

using

a commercial hentonite grout.

SIRL shall

provide at

least seven

(7) days

written notice to

the Jackson

County Health

Department

prior

to

the abandonment

of each

well or piezometer.

Copies of the

well or piezometcr

abandonment

certification

shall be

supplied

to

the Jackson

County

Health

Department

within seven (7) days of abandoning each well or piezometer.

F.

SIRL shall

install

nested

piezomelers near WBG 8D.

The first piezometer shall be

screened into the sandstone unit.

The second

piezometer shall he screened in

the middle

of the

lacustrine unit.

The

wells shall be logged,

constructed and

developed

under the

direction

of

a

registered

geologist

or

engineer.

Single

well

aquifer

tests

shall be

performed

on each

well.

The hydrogeologic report shall be updated to include additional

nested

well water levels, hydraulic conductivity and potentiometric surface.

G.

A six-foot

to

eight-foot high privacy fence shall be

built to

screen

the view

of the

equipment storage area from Township Line Road or other public

roads developed

in the

future.

In the alternative, natural vegetation or landscaping can be used for this purpose.

H.

Additional

screening

shall

be

provided

along the

property

boundary

on

the

west

portions of the landfill between

the landfill and

private residences.

SIRL shall take into

consideration the homeowners preference of fencing, vegetation screening and/or a berm

prior to installing the screen.

I.

If any above ground

petroleum

tank

is newly installed

or relocated in

the future, it

shall he placed on

a liner that

consists of at least two feet of compacted clay and a 60-mi!

HDPE geomembrane, or a liner system of equivalent permeability.

J.

Commercial

waste

vehicles shall be informed

to

enter and

exit

the

landfill from the

east

(using

U.

5.

51

and

Landfill

Road)

and

not

to

use

the

roads west

of the

landfill

entrance.

This traffic restriction shall be maintained

for the life of the expansion unless

the

Jackson

County Highway

Engineer

and

the Jackson

County

Health Department

concur that

the

restriction shall be

lifted.

Commercial

waste vehicles used

to collect

waste

along

Dumaroc

Road,

Township

Line

Road

or

other

local

roads

as

deemed

appropriate

by

the

Jackson

County

Highway

Engineer

shall

be

exempt

from

this

restriction; and

WHEREAS, the Chairman of the Jackson County Board, or other appropriate official of

Jackson

County,

as

determined

by

the

Illinois

Environmental

Protection Agency

rules

and

regulations,

shall

execute any

and

all

appropriate

documents including

a

Certificate of Local

Siting Approval

as required by the Illinois Environmental Protection Agency

consistent with this

Resolution.

NOW, THEREFORE, BE IT RESOLVED by the Chairman of the Jackson County Board

and by the Jackson County Board, as follows:

1.

That the Application for Site Location Approval of the South

Unit Expansion of the

Southern Illinois Regional Landfill is hereby approved and granted.

2.

That the proposed facility meets

the following criteria as required by

Section

39.2 of

the Illinois Environmental

Protection Act (415 ILCS 5/39.2):

(i) the facility is necessary to accommodate

the waste

needs of the

area it

is intended to serve;

(ii) the

facility is so designed, located and proposed to he operated that

the

public health, safety and welfare will be protected;

3

4

---

(iii)

the

facility

is

located

so

as

to minimize

incompatibility

with

the

character of the surrounding area and

to minimize

the effect on

the value of the

surrounding property;

(iv) the facility is located outside the boundary of the

100-year flood plain;

(v)

the

plan

of operations

for

the

facility is

designed

to

minimize

the

danger to the surrounding area from fire, spills, or otheroperational accidents;

(vi)

the

traffic

patterns

to

or

from

the

facility

are

so

designed

as

to

minimize the impact on existing traffic flows;

waste;

(vii)

the facility

will

not

be treating,

storing or

disposing of hazardous

(viii)

the

facility

is

consistent

with

the

Jackson

County

Solid Waste

Management Plan; and

(ix) the facility is not located within a regulated recharge area.

3.

That in granting

approval of the Application for Site

Location Approval of the

South

Unit

Expansion of

the

Southern Illinois

Regional Landfill

in

Jackson

County,

Illinois,

the

following

conditions

shall

be

imposed, which

conditions

are

reasonable and

necessary

to

accomplish the

purposes of Section

39.2 of the Illinois Environmental Protection Act and

are not

inconsistent with the regulations promulgated by

the Illinois Pollution Control Board:

A.

SIRL shall use SDR11

leachate collection pipe or equivalent to collect leachate from

the bottom liner system.

B.

Jackson County shall be sent the HELP

model results when the developmental permit

application is submitted to the Illinois Environmental Protection Agency.

C.

If deemed

necessary

by

the

Jackson

County Highway

Engineer, SIRL shall install

adequate erosion

control that

protects

the

public

road ditches.

If the outlets

from the

detention basins cause

erosion

along the ditches adJ~acentto the public roadways,

SIRL

shall be

responsible

for

repairing

the

ditches-

and

supplying

the

labor

and

materials

acceptable

to Jackson County and/or Dc Soto Township.

Materials may include, but are

not limited to, riprap, topsoil, seed, and erosion blanket.

D.

SIRL shall limit its horizontal waste boundary or vertical elevations to those shown in

the Application.

The elevations

of the landfill’s

invert shall

not be lower than shown

in

the Application and

the

elevations

of the

landfill’s final

cover shall not

be

higher than

shown in the Application.

E.

All welts or piezometers abandoned

in the waste footprint shall be abandoned by

over

drilling,

usinghollow

stem

augers

or tricone

rotary,

the entire

depth of the well,

and

tremie grouted to

the

ground surface

using a commercial bentonite grout.

SIRL shall

provide at

least seven (7) days written

notice to the JacksonCounty Health

Department

prior to the abandonment of each well or piezorneter.

Copies of the well or piezouteter

abandonment certification

shall be

supplied to

the Jackson

County

Health Department

within seven (7) days of abandoning each well orpiezomeler.

F.

SIRL shall install

nested piezometers

near WBG

SD.

The

first

piezometer shall be

screened into the sandstone unit.

The second piezometer shall be screened in

the

middle

of the

tacustrine unit.

The welts shall

be

logged, constructed

and developed

under the

direction

of

a

registered

geologist

or

engineer.

Single well

aquifer

tests

shall

be

performedon each well.

The hydrogeologic report shall be updated to include additional

nested well water levels, hydraulic conductivity

and potentiometric surface.

G.

A six-foot

to eight-foot

high privacy

fence shall

be

built to screen the view

of the

equipment storage area from Township Line Road or other public

roads developed in

the

future.

In the alternative, natural vegetation

orlandscaping can be used for this purpose.

H.

Additional screening

shall be

provided

along the

property boundary

on the west

portions of the landfill between the landfill and private

residences.

SIRL shall take into

consideration the

homeowner’s preference of fencing,vegetation screening and/or a berm

prior to installing the screen.

I.

If any

above

ground petroleum

tank

is newly

installed or relocated in

the

future,

it

shall be placed on

a liner that

Consists of at least

two feet of compacted clay and a 60-mi!

HDPE geomembrane, or a liner system of equivalent permeability.

J.

Commercial waste vehicles shall be

informed to enter

and exit

the landfill

from the

east (using U.

S.

51

and Landfill

Road)

and

not to

use

the roads west of the

landfill

entrance.

This traffic

restriction shall be maintained for the life of the expansion unless

the

Jackson

County

Highway

Engineer and

the

Jackson

County

Health

Department

concur

that

the restriction

shall

be

lifted.

Commercial waste

vehicles

used

to

collect

waste

along

Dumaroc

Road,

Township

Line

Road

or other

local

roads

as

deemed

appropriate

by

the

Jackson

County

Highway

Engineer

shall

be

exempt

from

this

restriction.

4.

That

the

Chairman

of the Jackson

County

Board

or

other

appropriate

official

of

Jackson

County,

as

determined

by

the

Illinois Environmental

Protection Agency

rules

and

regulations, shall execute any and all documents including a Certificate of Local Siting Approval

as required by the Illinois Environmental Protection Agency consistent with this Resolution.

5.

That this

Resolution shall be in full force

and effect immediately

upon its passage by

the Jackson County Board and approval by the Chairman thereof.

PASSED by the Jackson County Board at

a regular meeting this

10b

day of April, 2002

upon

a roll call vote as follows:

AYES:

NAYS:

ABSENT:

ABSTENTIONS:

6

Approved:

--

-

---

Chairman

Jackson County Board

Attest:

Jackson County Clerk

7