BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
)
Petitioner,
)
TO:
Division of Legal Counsel
Illinois E~A
1021
North Grand Avenue East
POBox
19276
Springfield,
IL 62794-9276
NOTICE
OF
FILING
AECE~VED
CLERK’S OFFICF
JUL07
2005
STATE OF ILLINOIS
Pollution
Control Board
Dorothy M. Gunn, Clerk
Pollution
Control Board
James
R.
Thompson Center
100 N.
Randolph,
11-500
Chicago,
IL 6060
PLEASE
TAKE
NOTICE
that
I have today filed with
the Office of the
Clerk of the
Illinois
Pollution
Control
Board the following document,
true and correct copies of which
are herewith served
upon you: PETITION
FOR HEARING.
Dated:JuIy
5,
2005
Respectfully submitted
by,
Lar~jA.
Woodward, A torney for Petitioner
ESG WATTS, INC.,
vs.
PCBN0.
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
BEFOR
T
RECEflF~.D
E
HE
CLERK’S OFRCE
ILLINOIS
POLLUTION CONTROL BOARD
JUL
072005
ESG WATTS, INC.,
)
(Taylor Ridge/Andalusia Landfill)
)
pJc~i~ontrolBoard
an Iowa Corporation,
)
Petitioner,
)
)
vs.
)
PCBN0.
0
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
ENTRY
OF APPEARANCE
NOW dOMES Larry A. Woodward, Attorney-at-Law,
attorney for defendant,
ESG
WATTS,
INC.,
in the
above entitled cause and enters
his appearance
on behalf of said
petitioner in said cause.
L~
Larr~k\A~
Woodward, Attor
ey-at-Law
525 17’
H
Street
Rock Island,
IL
61201
309-788-7700
Attorney Registration
No.
03070913
ATTORNEY FOR PETITIONER
RE C E ~V ED
CLERK’S OF~’r~
BEFORE THE
ILLINOIS POLLUTION CONTROL
BOARD
JUL
072005
STATE OF ILLINOIS
ESG WATTS, INC.,
)
Pollution Control Board
(Taylor Ridge/Andalusia
Landfill)
)
an Iowa Corporation,
)
Petitioner,
)
vs.
)
PCBNo.
O~P
£~O
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
PETITION
FOR HEARING
NOW
COMES
Petitioner,
ESG
WATTS,
INC.,
an
Iowa
corporation,
by
and
through
its
attorney,
Larry
A.
Woodward,
and
for
its
Petition
for
Hearing
states
as
follows:
1.
That
on
December
7,
2001
and
as
supplemented
on
August
26,
2002,
January
24,
2003;
October
1,
2003;
March
29,
2004;
and
April
15,
2005
Petitioner
(hereinafter referred
to as “ESG”)
submitted
an application for closure/post-closure
care
permit
and
significant
modification
permit
for
the
Taylor
Ridge/Andalusia
Landfill
pursuant
to
35
IlIAdmC
§~
807.101
et
seq.
or
§~811.101
et
seq.
and
that
the
Respondent (hereinafter referred to as “IEPA”)
issue
a closure/post-closure
care
permit
and significant modification
permit for the Taylor Ridge/Andalusia
Landfill in
accordance
therewith.
2.
That
by
letter
dated
May
26,
2005
(and
received
on
or
about
May
31,
2005,
by ESG) the
IEPA responded to the application
by approving
same
in part and by
denying
approval of the proposed groundwatering
plan,
the
proposed closure
and
post-
closure
care
cost estimates,
concerning groundwater monitoring,
the proposal
to
delay
by two
(2)
years the
submittal of corrective action
plan required
by Condition
No.
24 of
Attachment
A
to
Supplemental
Permit
No.
2001-132-SP;
the
proposed
closure
schedule;
and the request for significant modification permit pursuant to 35
IllAdmCode
§811.104.
3.
That the
reasons
given
by the
IEPA for
said
denials
are
not supported
by
the
record, are not authorized by law,
and are designed to harass and intentionally harm
ESG for discriminatory reasons.
4.
ESG
hereby
reserves
to
itself the
right
to
present
additional
grounds for
reversal
of
the
IEPA’s
permit
denial
as
they
may
appear
during
the
course
of this
appeal.
WHEREFORE,
ESG
respectfully requests that the Board grant it a
hearing
in this
matter
and determine, that the application
as
supplemented
ESG
is
approved
in
all
its
particulars pursuant to 415 ILCS 5/39 AND 5/40.
Respectfully submitted
Larr~A.Woodward, Attorney for Petitioner
525 ~1’7~l~
Street
(
Rock Island,
IL
61201
309-788-7700
CERTIFICATE OF SERVICE
I
hereby
certify that
I
did
on
the
~
day of July,
2005,
on
or
before
6:00
p.m.,
serve
the
following
instruments
entitled
NOTICE
OF
FILING,
ENTRY
OF
APPEARANCE,
and
PETITION
FOR
HEARING
by placing
same
in
a sealed
envelope
addressed as follows:
Division of Legal Counsel
Illinois
EPA
1021
North Grand Avenue, East
Springfield, IL 62794-9276
and by depos~ing
same
in
the
United states mail
in
July,
2005,
with
postage
fully
prepaid
along
with
Gunn.
Dorothy Gunn,
Clerk
Pollution Control Board
State of Illinois Center
Suite 11-500
100 West Randolph
Chicago,
IL
60601
Rock island, Illinois
on the ~
day of
ten
copies
thereof
to
said
Dorothy
Ldrry(A~Woodward, Atto7cey for Petitioner
ILLINoIs
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND
AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276,
21 7-782-3397
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH,
SUITE
11-300,
CHICAGO,
IL 60601, 312-814-6026
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/524-3300
Certified Mail
May 26,
2005
7002 3150 0000 1253 0818
ESG Watts, Inc.
Attn: Mr. Thomas Jones
8400 77th Street West
Taylor Ridge, Illinois 61284
Re:
1618000001
--
Rock Island County
Watts Landfill
Permit No.
1972-72
Supplemental Permit No. 2001 -459-SP
Log No. 2001-459
Permit File
Dear Mr. Jones:
Supplemental permit is hereby granted to ESG Watts, Inc. as owner and operator, conditionally
approving modification ofan existing solid waste landfill all in accordance with the application
and plans prepared by Bryan C.
Johnsrud, P.E., formerly ofAndrews Environmental
Engineering, Inc. and
Sean
C. Chisek, P.E., ofAndrews Environmental Engineering, Inc. and
signed and sealed by Mr. Johnsrud on December
7, 2001.
Final plans, specifications, application
and supporting documents as submitted and approved shall constitute part ofthis permit and are
identified on the records ofthe Illinois Environmental Protection Agency (“Illinois EPA”),
Bureau ofLand by the permit number(s) and log number designated in the heading above.
The application approved by
Supplemental Permit No. 200 1-459-SP consists of the following
documents:
DOCUMENT
DATE OF DOCUMENT
DATE RECEIVED
Original Application
December 7, 2001
December 11, 2001
Log No. 2001-459
Waiver
March
8, 2002
March 8, 2002 (facsimile)
Waiver
April 30, 2002
May 2, 2002
Waiver
June 17, 2002
June 18, 2002
ROCKFORD —4302 North Main Street,
Rockford,
IL 61103
—
(815) 987-7760
•
Dts
PLAINES
—
9511
W. Harrison
St.,
Des Plaines, IL 60016 —(847)
294-4000
ELGIN
—595 South State,
Elgin,
IL 60123— (847) 608-3131
•
PEORIA
—
5415
N.
University
St.,
Peoria,
IL 61614— (309) 693-5463
BUREAU
OF
LAND
-
PEORIA
—7620
N. University
St.,
Peoria, IL 61614— (309)
693-5462
•
CHAMPAIGN
—2125 South
First Street, Champaign,
IL 61820— (217)278-5800
SPRINGFIELD
—4500 S.
Sixth Street Rd., Springfield,
IL 62706 —(217) 786-6892
•
COLLINSVILLE
—2009 MalI
Street, Cotlinsville,
IL 62234 —(618) 346-5120
MARION
—
2309 W.
Main
St.,
Suite
116, Marion,
IL 62959 —(618) 993-7200
PRINTED ON
RECYCLED
PAPER
Page 2
Additional Information
Waiver
Waiver
Waiver
Waiver
Additional Information
Waiver
Waiver
Waiver
Waiver
Waiver
Waiver
Additional Information
Waiver
Waiver
Waiver
Waiver
Additional
Information
Waiver
Waiver
Waiver
August 26, 2002
August 28, 2002
November 1, 2002
November 22, 2002
January
15,
2003
January 24, 2003
March 14, 2003
March 28, 2003
April 29, 2003
June 12, 2003
August 13, 2003
September 15, 2003
October 1, 2003
November 3, 2003
December 19, 2003
February 26,
2004
March 29, 2004
March 29, 2004
May 12, 2004
June 11, 2004
July 30, 2004
August 26, 2002
August 28, 2002
November 1,2002
November22, 2002
January
15,
2003
January 27, 2003
March
14, 2003
April 2, 2003
April 30, 2003
June 12,2003
August 13, 2003
September 15, 2003
October 2, 2003
November 3, 2003
December 23, 2003
February
26, 2004
March 30, 2004
March 30, 2004
May 14, 2004
June
15,
2004
July 30, 2004
Page 3
Waiver
September 7, 2004
September 9, 2004
Waiver
November 9, 2004
November 12, 2004
Waiver
January 7, 2005
January 11, 2005
Waiver
April
7, 2005
April 7, 2005
Additional Information
April
15,
2005
April
15,
2005
Waiver
May 12, 2005
May 16,2005
Supplemental Pe~-mitNo. 200 1-459-SP approves the following:
1.
Revised closure and post-closure care plan to incorporate the waste re-location plan;
2.
Revised surface water management plan;
3.
Construction Quality Assurance plan; and
3.
Expansion ofthe facility boundaries by
14.593 acres to accommodate the surface water
retention pond.
Supplemental
Permit No. 2001 -459-SP does not approve the following:
1.
The proposed groundwater monitoring plan;
2.
The proposed closure and post-closure care cost estimates, concerning groundwater
monitoring;
3.
The proposal to delay by two additional years the submittal ofcorrective action plan
required by Condition No. 24 ofAttachment A to Supplemental Permit No. 200 1-132-SP.
(The above referenced corrective action plan was required to be submitted to the Illinois
EPA in the form ofsupplemental permit application by July
15,
2002.) or
4.
The proposed closure schedule.
You have failed to provide proof that approving the above mentioned proposals would not-result
in violations ofthe Illinois Environmental Protection Act (Act) and the referenced sections of35
Illinois Administrative
Code (hereafter
“35
Ill.
Adm. Code”).
Section 39(a) ofthe Act 415
ILCS
5/39(a)
requires the Illinois EPA to provide the applicant with specific reasons for the
denial ofpermit.
The following reasons are given:
Page 4
1.
Pursuant to
35 Ill.
Adm.
Code 807.622(d)(2), the post-closure care cost estimate must, at
a minimum represent the number ofmonitoring points, the frequency of sampling,
and
the monitored parameters’
cost per parameter per sampling event.
The cost estimate for
semi-annual monitoring after
5
years does not meet this requirement as quarterly
monitoring is required.
Cost estimates may only reflect semi-annual monitoring when
such a monitoring schedule is approved by permit.
2.
Pursuant to 35
Ill. Adm.
Code 807.502, the operator ofa waste management site shall
close in
a manner which minimizes the need for further maintenance and controls,
minimizes or eliminates release ofwaste constituents,
leachate, contaminated rainfall or
waste decomposition products to the groundwater or surface water or environment to the
extent necessary to prevent threats to human health or the environment.
The proposal to
delay twoçadditional years before submitting a corrective action assessment for current
groundwater contamination due to the facility does not meet this requirement.
Further
delays will allow continued migration of contamination to the waters ofthe state.
3.
Pursuant to
35 Ill. Adm. Code 807.502, the operator ofa waste management site shall
close in a maimer which minimizes the need for further maintenance and controls,
minimizes or eliminates release ofwaste constituents, leachate, contaminated rainfall or
waste decomposition products to the groundwater or surface water or environment to the
extent necessary to prevent threats to human health or the environment.
The proposed
groundwater monitoring well locations do not meet this requirement.
It has not been
demonstrated that the proposed monitoring well locations will detect contamination from
the entire waste source.
4.
Pursuant to 35 Ill. Adm. Code 807.502, the operator ofa waste management site shall
close in a maimer which minimizes the need for further maintenance and controls,
minimizes or eliminates release of waste constituents,
leachate,
contaminated rainfall or
waste decomposition products to the groundwater or surface water or environment to the
extent necessary to prevent threats to human health
or the environment.
The proposed
closure schedule that allows
108 weeks to complete closure does not meet this
requirement. The application, other than citing financial constraints of the operator, has
not demonstrated that all necessary steps have been taken or will be taken to prevent
threats to the human health and the environment from the unclosed landfill.
Pursuant to Section 39(a) ofthe
Act
and 35
Ill. Adm. Code 807.210, this permit is issued
subject to
the development, operating and reporting requirements for solid waste landfills in 35
Ill. Adm.
Code, Part 807
,
the standard conditions attached-hereto, and the following special
conditions. In case of conflict between the permit
application and these conditions
(both
standards and special), the conditions of this permit shall govern.
As the owner and operator ofan existing municipal
solid waste landfill (MSWLF) that accepted
waste after September 18,
1997, ESG Watts, Inc. is responsible forproviding a permit
Page 5
application that demonstrates compliance with 35 Ill.
Adm.
Code
814 Subpart C, pursuant to 35
Ill.
Adm. Code
814.104.
Therefore, Log No. 2001-459 was reviewed against the applicable
requirements of35
Ill. Adm.
Code Part 807 and Part 258 ofthe Code ofFederal Regulations
(CFR), pursuant to
35 Ill.
Adm. Code
8 14.107(a),
8 14.101(b) and
Section 814, Appendix A as
well as against the applicable requirements of35 Ill. Adm. Code, Parts 811, 812,
and 814
Subpart C. Please be
aware that satisfying the requirements of 35
Ill. Adm.
Code Part 807 and 40
CFR Part 258, that are related to
closure, post-closure care and financial assurance, will not
ensure that the facility complies fully with the applicable requirements of35 Ill. Adm.
Code Parts
811
and 812. This supplemental permit does not constitute a partial approval ofthe significant
modification required by
35 Ill. Adm. Code 811.104.
A.
MONITORING
1.
Groundwater monitoring shall be
conducted in accordance with Attachments A and B to
Supplemental Permit No. 200 1-132-SP and is subject to
the conditions therein.
2.
The Illinois EPA reserves the right to
require the installation and monitoring ofa
groundwater monitoring system, to
require analyses for certain parameters and to alter
parameters as necessary to fulfill the intent and purpose ofthe Act.
3.
During the post-closure care period, water quality records shall be maintained at the office
of the site operator and shall be reviewed quarterly.
A water quality report shall be
submitted
quarterly.
Ifthe owner/operator orthe Illinois EPA’s Bureau ofLand determines
that adverse trends are developing,
further investigation is to
be performed.
Ifcorrective
action becomes necessary, a plan is to be
developed by the operator and submitted to the
Permit Section, Bureau ofLand for approval.
4.
During the post-closure care period, the owner and operator shall monitor gas, water and
settling and shall take whatever remedial action is necessary to abate any gas, water or
settling problems which appear during that time.
Post-closure groundwater monitoring
shall be
conducted and reported to the Illinois EPA on a quarterly basis for the monitoring
wells and parameters identified in Attachment A to
Supplemental Permit No. 2001-132-SP.
B.
CLOSURE AND POST-CLOSURE CARE
1.
Upon completion ofclosure activities, the operator shall notify the Illinois EPA that the site
has been closed in accordance with the approved closure plan utilizing the Illinois EPA’s
“Affidavit for Certification ofCompletion ofClosure ofNon-Hazardous Waste Facilities.”
2.
Financial assurance shall be maintained by the operator in accordance with 35 Ill. Adm.
Code,
Subtitle G, Part 807,
Subpart F.
Supplemental Permit No. 200 l-132-SP, issued
August 2, 2001- approved total cost estimate of$2,031,549.00 for closure and post-closure
Page
6
care of the landfill. Biennial revision to the cost estimates submitted in application Log No.
200
1-459
is not approved. The operator shall file revised cost estimates for closure and
post-closure care addressing the deficiencies noted in this permit on or before November
1,
2005. The revised cost estimates shall be submitted in the form ofan application for
supplemental permit.
3.
Final cover is to be placed in accordance with the construction quality assurance plan (CQA
plan) approved in Supplemental Permit No. 2001-459-SP.
The CQA plan also includes
requirements for the inspection and verification ofthe existing final cover.
4.
Existing final cover shall be tested and verified in accordance with the CQA Plan approved
in Supplemental Permit No. 200 1-459-SP. Testing and verification ofthe final cover shall
be completçd prior to the submittal ofcost estimates required by Condition No. B.2 of this
supplemental permit.
In the event areas riot meeting the final cover requirements ofthe
CQA plan are identified, the operator shall make appropriate revisions to the cost estimates
required by Condition B.2 ofthis supplemental permit.
5.
If necessary, the soil over the entire planting area shall be amended with lime, fertilizer
and/or organic matter.
On sideslopes, mulch or some other form ofstabilizing material is to
be provided
to hold seed in place and conserve moisture.
6.
This site is subject to a minimum post-closure care period of 30 years.
The post-closure
care period has not begun.
7.
During the post-closure care period, corrective action shall be taken if problems, including
but not limited to the following, occur:
ponding
cracks in final cover greater than one inch wide
gas problems
odor problems
dead or stressed vegetation
vegetation with taproots growing in areas not so designed
vectorproblems
leachate popouts or seeps
8.
Inspections of the closed landfill shall be conducted quarterly.
Records offield
investigations, inspections, sampling and corrective action taken are to be maintained at the
site and made available to
Illinois EPA personnel.
During the post-closure care period,
these records are to be maintained at the office of the site operator.
Page
7
9.
When the post-closure care period has been completed, the operator shall notify the Illinois
EPA utilizing the Illinois EPA’s
“Affidavit for Certification ofCompletion of Post-Closure
Care for Non-Hazardous Waste Facilities.”
C.
LANDFILL GAS MANAGEMENT/MONITORING
1.
Landfill gas shall be monitored at probes both inside and outside the waste boundary for
the following parameters:
a.
Methane;
b.
Pressure;
c.
Nitrogen*;
d.
Oxygen; and
e.
Carbon Dioxide
*Note: For routine monitoring, Nitrogen may be reported as net remaining volume
fraction after the other measured constituents have been accounted for.
2.
Ambient air monitoring devices described in Application Log No. 200
1-459
shall be used
to test air downwind ofthe landfill for methane.
3.
All buildings within the facility boundaries shall be monitored continuously formethane.
4.
As proposed in Application Log No. 200
1-459,
until the landfill gas management is
system is fully operational sampling and testing of gas monitoring probes and ambient air
monitoring shall be performed at least monthly. After the waste re-location activities have
been completed and the landfill gas management system is fully operational the
monitoring frequency may be reduced to yearly.
5.
In the event of any ofthe occurrences listed below, the operator shall within 180 days of
occurrence shall submit a permit application to the Illinois EPA either proposing a
revision to the gas collection/management system or demonstrating that the landfill is not
the cause ofthe occurrence:
a.
A methane concentration greater than 50 percent ofthe lower explosive limit
(LEL) in air is
detected in any ofthe below ground monitoring
devices outside the
waste boundary;
b.
A methane concentration greater than 50 percent ofthe LEL in air is detected
during ambient air monitoring;
Page 8
c.
A methane concentration greater than 25 percent ofthe LEL in air is detected in
any building on or near the facility;
d.
Malodors attributed to
the unit are detected beyond the facility boundary; or
e.
Stressed vegetation in areas greater than
100 square feet on the final cover due to
landfill gas migration.
6.
This permit does not relieve the Permittee of the responsibility ofcomplying with the
provisions ofthe State ofIllinois Rules and Regulations, 35 Ill. Adm.
Code
Subtitle B,
Air Pollution Control, Chapter
1.
The Illinois EPA’s Bureau ofAir (BOA)
-
Division of
Air Pollution Control
-
Permit Section,
has indicated that the waste relocation project
approved~in
this supplemental permit requires an Air Pollution Control Construction
Permit, pursuant to 35
Ill. Adm.
Code 201.142, in regard to the re-installation of the gas
collection and
control system associated with this project.
In addition, the source may be
subject to
other reporting and permitting requirements through the Illinois EPA’s BOA. If
you have any questions regarding these requirements, contact the Illinois EPA’s BOA
-
Division of Air Pollution Control
-
Permit Section at 217/782-2113.
D
WASTE RELOCATION
The
waste relocation shall be carried out in accordance with the Waste Relocation Plan
proposed in application Log No. 200
1-459
and shall involve moving approximately
34,100 cubic yards of waste from a
5.9
acre area above the maximum permitted height of
the landfill to areas of the landfill that are below the permitted grades. Both these areas
are shown on the drawing titled “Waste Relocation Plan” submitted in addendum dated
October
1, 2003 to
application Log No. 200
1-459.
2.
Relocation of waste (including application of at least 1-foot ofclean soil over all
disturbed areas)
shall be completed by September
15,
2005.
3.
The permittee shall designate an independent third party contractor as the Construction
Quality Assurance (CQA) Officer(s) to oversee waste relocation activities.
The CQA
Officer(s)
shall be an Illinois Certified Professional Engineer who is
independent from
and not under the control of or influence ofthe operator, any employee of the operator, or
any other corporation company or legal entity that is a subsidiary, affiliate, parent
corporation or holding corporation associated with the operator.
4.
The CQA officer(s) shall be personally present during all the waste relocation activities.
Ifthe CQA officer(s) is unable to be present, the CQA officer shall provide in writing,
reasons for his absence, a designation of a personwho shall exercise professional
judgment
in carryout the duties of a CQA officer as the designated CQA officer-in-
Page 9
absentia, and a signed statement that the CQA officer assumes full personal responsibility
for all inspections performed and reports prepared by the CQA officer-in-absentia during
the absence ofthe CQA officer.
5.
Upon completion ofwaste relocation activities the CQA
officer(s) shall submit a
supplemental permit application containing the following information to the Illinois EPA:
a.
A certification by the CQA officer(s) that the waste relocation has been completed in
accordance with the approved plan;
b.
A certification by the CQA officer(s) that all the areas affected by the waste relocation
activities are covered by at least 1-foot of clean soil; and
c.
As-built drawings ofthe facility;
The supplemental permit required by this
condition shall be submitted no later than
November 1, 2005.
6.
Asbestos debris encountered during waste relocation activities shall be
managed in
accordance with the National Emission Standards for Hazardous Air Pollutants
(NESHAPS) regulations.
7.
All the areas affected by waste relocation activities shall receive a final cover that meets
the requirements of35 Iii. Adm.
Code 811.314 and the construction quality assurance
provided in application Log No. 200
1-459.
The low permeability layer shall consist of3-
feet thick compacted earth layer with permeability no more than
1
x i0~cmlsec.
The
final protective layer shall cover the entire low permeability layer and
shall not be less
than 3-feet thick. The final protective layer shall consist ofsoil material capable of
supporting vegetation.
8.
The active areas shall consist ofno more than two
working faces at one time; one in the
area where waste is being excavated (excavation face) and the other in the areawhere
waste is being deposited (fill face). The size of each ofthese working faces shall be no
more than
10,000 square feet each. The active areas shall be shifted from the original
working faces laterally until waste relocationhas been completed.
9.
The operator shall make available and maintain the equipment required for waste
relocation and application ofdaily cover. Ifbreakdowns occur backup equipment shall be
brought to the
site.
10.
Waste relocation activities shall be confined to daylight hours. At the end of each day the
excavation face as well as the fill
face shall be covered with:
Page
10
a.
Clean soil at least six (6) inches thick (i.e., conventional daily cover)
b.
Polyethylene geomembranes;
c.
Polypropylene geomembranes;
d.
Woven and non-woven geotextiles; or
e.
Tarps.
11.
The materials listed in C. 10(b) through (e) are approved as alternate material for daily
cover. Use ofthese materials are subject to the following conditions:
C
a.
Areas upon which
alternate daily cover material has been used must be covered with
either conventional daily cover or additional waste within six days;
b.
Conventional daily cover shall be used if weather or other conditions adversely affect
the ability ofthe alternate cover materials to prevent problems with blowing litter,
fire, odors, or vectors;
c.
All the alternate daily covers shall be anchored adequately to preventwind damage.
If the alternate daily cover is torn during or after placement they must be repaired
immediately orthe damaged area must be
covered with conventional daily cover.
12.
All waste must be relocated to the fill face immediately upon excavation. Soils
encountered during waste excavation shall not be stockpiled or used as daily cover.
Furthermore, no
refuse uncovered during waste excavation shall be left exposed
overnight.
13.
Temporary drainage control berms shall be placed up
gradient and down gradient ofthe
active areas to
divert stormwater around the work area. Stormwater that comes in contact
with waste is leachate and shall be managed as such.
14.
The operator shall not conduct the waste relocation activities in a manner which results in
any ofthe following:
a.
refuse in standing or flowing waters;
b.
leachate flows entering the waters ofthe state;
c.
leachate flows exiting the landfill confines;
Page 11
d.
uncovered refuse at the conclusion ofany operating day; and
e.
failure to collect and
contain litter at the end ofeach operating day.
16.
The operator shall implement methods for controlling dust so as to prevent wind dispersal
ofparticulate matter off-site.
17.
The waste disposal operations shall be conducted so as to minimize the level of
equipment noise audible outside the facility.
E.
OTHER CONDITIONS
-
1.
Any modification to the facility shall be the subject of an application for supplemental
permit for site modification submitted to the Illinois EPA.
2.
Current, valid Prior Conduct Certification pursuant to 35
Ill. Adm.
Code Part 745
is
required for all operators of landfills that require a permit.
3.
Site surface drainage shall be managed in accordance with the approved drainage control
plan detailed in application Log No.
200 1-459.
4.
Site surface drainage, during waste relocation and after the site is closed, shall be such
that no adverse effects are encountered by adjacent property owners.
5.
The permittee shall obtain a Section 404 Water Quality Certification as necessary from
the Illinois
EPA’s
Bureau ofWater.
6.
The original and two (2) copies ofall certifications,
logs, reports, plan sheets and
groundwater monitoring chemical
analysis forms which are required to be submitted to
the Illinois EPA by the permittee should be mailed to the following address:
Illinois Environmental Protection Agency
Permit Section
Bureau ofLand-- #33
1021
North Grand Avenue East
Post Office Box
19276
Springfield, Illinois 62794-9276
7.
This permit
is subject to review and modification by the Illinois EPA as deemed
necessary to fulfill the intent and purpose of the Act, and all applicable environmental
rules
and regulations.
Page
12
Except as modified in the above documents, the site shall be developed and operated in
accordance with the terms and
conditions ofPermit No.
1972-72 dated December 12,
1972, and
with other permits issued for this site.
Within 35 days ofthe date ofmailing ofthe Illinois EPA’s final decision, the applicant may
petition for a hearing before the Illinois
Pollution Control Board to contest the decision ofthe
Illinois EPA, however, the 35-day period forpetitioning
for a hearing maybe extended for a
period of time not to exceed 90 days by written notice provided to the Board from the applicant
and the Illinois
EPA within the 35-day initial appeal period.
Work required by this permit, your application or the regulations may also
be subjectto other
laws governing professional services, such as the Illinois Professional Land Surveyor Act of
1989, the Professional Engineering Practice Act of 1989, the Professional Geologist Licensing
Act,
and the Structural Engineering Licensing Act of 1989.
This permit does not relieve anyone
from compliance with these laws and the regulations adopted pursuant to these laws.
All work
that falls within the scope and definitions ofthese laws must be performed in compliance with
them.
The Illinois EPA may refer any discovered violation of these laws to the appropriate
regulating authority.
Please be aware that, pursuant to Section
3 9(i) ofthe Act, the Illinois EPA has conducted an
evaluation of ESG Watts, Inc.’s prior experience in waste management operations.
On March
1, 2002 the Illinois EPA issued a letter notifying ESG Watts, Inc. that we intended to
consider ESG Watts, Inc.’s past adjudicated violations in the course ofourreview of this permit
application.
The information provided in the permit application did not address our concerns in
that:
1.
It was not responsive to the Illinois EPA’s March
1, 2002
letter, in that it failed to
explain
why ESG Watts, Inc.’s past adjudicated violations are inapplicable to this permit
application; and
2.
It provided no reason for the Illinois EPA to believe that ESG Watts, Inc. will conduct its
future waste management operations any differently than its past history ofrepeated
violations ofstate laws, regulations and standards concerning the operation ofrefuse
disposal facilities or sites.
The Illinois EPA has considered ESG Watts, Inc.’s history ofrepeated violations of federal, State
or local laws, regulations, standards
or ordinances in the operation ofrefuse disposal facilities or
sites’
as described in
Section 39(i)(l) ofthe Act, and more specifically set forth in the Wells letter
dated March
1, 2002.
Page
13
Although the Illinois
EPA could deny ESG Watts, Inc.’s application (Log No.
200
1-459),
based
upon the aforementioned history ofrepeated (adjudicated)
violations since this application for
waste relocation is required by the regulations to remove waste filled beyond the maximum
permitted elevations, is generally beneficial to the environment, does not pose potential threat to
human health or to the environment, and
expands neither the operations nor the operational life
ofthe facility, in the exercise ofthe discretion afforded to the Illinois EPA pursuant to Section
39(i) of the Act, the Illinois EPA is electing not to
deny this application Log No. 200 1-459 on the
basis ofSection
3 9(i) at this time.
Joyce
L. Munie1,1~.E.
Manager, Permit Section
Bureau ofLand
JLM:IMS/mls/05225
1 s.doc
Attachment:
Standard Conditions
cc:
Sean C.
Chisek,
P.E., Andrews Environmental Engineering, Inc.
STANDARD
CONDITIONS
FOR
CONSTRUCTION/DIEVELOPMENT PERMITS
ISSUED
BY THE ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
BUREAU
OF
LAND
August 22, 2001
The Illinois Environmental Protection Act (Illinois Revised Statutes, Chapter
111-1/2, Section
1039) grants the Environmental
Protection Agency authority to
impose conditions
on permits
which
it issues.
These standard conditions shall apply to
all permits
which the Agency issues for construction or
development projects which require permits under the Bureau ofLand.
Special conditions may
also be imposed
in addition to these standard conditions.
1.
Unless this permit has been extended or it has been voide’d by a newly issued permit,
this
permit will expire two
years after date ofissuance unless
construction or development on
this project has started on or prior to
that date.
2.
The construction or development of facilities covered by this
permit shall be done in
compliance with applicable provisions
of Federal laws and regulations, the Illinois
Environmental Protection Act, and Rules and Regulations adopted by the Illinois Pollution
Control Board.
3.
There shall be no deviations
from the approved plans and specifications unless
a written
request for modification ofthe project, along with plans and specifications as required, shall
have been submitted to the Agency and
a supplemental written permit issued.
4.
The permittee
shall allow any agent duly authorized by the Agency upon the presentation of
credentials:
a.
to enter at reasonable
times the permittee’s premises where actual or potential
effluent,
emissions or noise sources are located or where
any activity
is
to
be conducted
pursuant
to this permit.
h.
to have access to and copy at reasonable times
any records required
to be
kept under
the
terms and
conditions of this
permit.
c.
to inspect
at
reasonable
times,
including during any
hours of
operation
of equipment
constructed
or operated
under
this
permit,
such equipment
or monitoring
methodology
or equipment
required
to
be
kept.
used, operated,
calibrated
and
maintained
under this
permit.
ci.
to
obtain and
remove
at reasonable
times samples of
any discharge
OI
emiSSion
of
pollutants.
