RECE~VED

BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD

CLERK’S

OFFICE

IN THE MATTER OF

)

JUN

092005

STATE OF ILUNOIS

PETITION OF

WASTE MANAGEMENT

OF

)

AS

05-

~

(

PolIut~on

Control

Board

ILLINOIS, INC. FOR AN

ADJUSTED

)

(Adjusted Standard

—

Land)

STANDARD FROM SUBPART D OF

)

35

ILL. ADM. CODE 721 AN) FOR RCRA

)

WASTE DELISTING UNDER

35

ILL. ADM.

)

CODE 720.122 FOR TREATMENT RESIDUAL

)

OF CID RECYCLING AND DISPOSAL

)

FACILITY BIOLOGICAL LIQUID

)

TREATMENT CENTER

)

NOTICE OF FILING

TO:

USEPA

USEPA, Region

5

Office of Solid Waste and

77

West Jackson Boulevard

EmergencyResponse

Chicago, Illinois 60604

1200 Pennsylvania Avenue, N.W.

Washington, D.C.

20460

Division ofLegal Counsel

Illinois

Environmental Protection Agency

1021

North Grand Avenue East

P.O.

Box 19276

Springfield,

Illinois 62794-9276

PLEASE TAKE NOTICE that on June 9, 2005, we filed with the Illinois Pollution

Control Board, an original and four copies ofthe attached Waste Management ofIllinois, Inc.’s

Motion for Expedited Review.

W

B MANAGEMENT OF ILLINOIS, INC.

By~/~

One ofIts ~ttorneYs

Donald J. Moran

PEDERSEN & HOUPT

161

North Clark Street, Suite 3100

Chicago, Illinois 60601

(312) 641-6888

Attorney Registration No.

1953923

413695.1

---

MOTION FOR EXPEDITED REVIEW

Waste Management of Illinois,

Inc.

(“WMII”),

by

its

attorneys Pedersen

&

Houpt,

P.C.

and

pursuant

to

35

Ill.

Adm.

Code

101.512,

requests

that

the

Board

expedite

its

review

and

determination

of the petition for adjusted

standard.

In support of this

motion,

WMII states

as

follows:

1.

As

set

forth

in

the RCRA Delisting

Adjusted

Standard Petition,

WMII

seeks

a

Resource

Conservation

and

Recovery Act

(“RCRA”)

hazardous

waste

delisting

for

the

lime-

conditioned filter

cake generated

from

the treatment of hazardous and

non-hazardous

leachate

and

wastewater

(“petitioned

waste”),

at the CD

Recycling

and

Disposal

Facility in

Calumet

City, Illinois (“CD”).

The petitioned waste is

disposed

in Area 4,

an

on-site RCRA Subtitle C

landfill unit.

As such, the costs ofmanaging the petitioned waste have been reasonable.

2.

To

permit

continued

on-site

management

of the

petitioned

waste,

WIv1II

has

limited

the

amount of off-site waste

received in Area 4.

The

cost

to

maintain Area

4

with

a

minimal amount ofwaste being disposed continues to be incurred.

3.

Expedited review and determination ofthe petition will likely allow efficient and

final closure of Area

4,

thereby reducing costs

to

CD

and

the regulatory

agencies

associated

RECEIVED

BEFORE

THE ILLINOIS POLLUTION CONTROL BOARD

CLERK’S

OFFICE

iN THE MATTER OF

)

JUN 092005

)

~-‘7

STATE OF

ILLINOIS

PETITION OF WASTE MANAGEMENT OF

)

AS

05-

V

(

Pollution Control Board

ILLINOIS, iNC. FOR AN ADJUSTED

)

(Adjusted Standard

—

Land)

STANDARD FROM SUBPART D

OF

)

35

ILL.

ADM.

CODE 721 AND FOR

RCRA

)

WASTE DELISTING UNDER 35

ILL. ADM.

)

CODE 720.122 FOR TREATMENT RESIDUAL

)

OF CD RECYCLING AND DISPOSAL

)

FACILITY BIOLOGICAL LIQUID

)

TREATMENT CENTER

)

412438v1

---

with the continuing

maintenance

and

oversight

of this

RCRA

Subtitle

C

landfill.

This

would

also

facilitate

installation of the

synthetic

cap on

Area

4

within

a

shorter

time

frame,

thereby

reducing the potential for any effects on human health or the environment.

4.

In the event Area 4

is

filled prior to

a final decision in this matter, the petitioned

waste

must

be

sent

off-site

to

a

permitted RCRA Subtitle

C

landfill.

The

additional

costs

to

transport

and

dispose

the

petitioned

waste

at

an

off-site

RCRA Subtitle

C

landfill

would

be

substantial.

These

costs

would

be

incurred

both

by

WMII

and

CD

customers.

With

the

increased

cost of disposal,

CD

customers

may select

less

efficient

or appropriate options

for

managing their waste.

5.

Expediting review

and

determination

of the

petition will

(a)

allow the

existing

RCRA Subtitle

C

landfill

unit

to

be

closed in

a

timely

and

effective

manner,

(b)

ensure

the

proper and efficient management ofthe petitioned waste,

(c)

save

unnecessary cost and expense

to both CD and the regulatory agencies, and (d) maintain disposal options for waste generators.

WHEREFORE,

WMII requests

that the Board grant this motion,

expedite review of the

Petition, and provide such further relief as the Board deems appropriate.

Respectfully submitted,

W~(S~TE

MANAGEMENT OF ILLINOIS,

INC.

By:

~

~

Its Attorney

Donald J. Moran

Pedersen & Houpt

161

North Clark Street

Suite 3100

Chicago, Illinois

60601

312.641.6888

312.641.6895

(facsimile)

412438v1

2