NOTICE OF FILING
1. - ILLINO!S E’JvIRONMENTL PROTECTION AGENCY

EXHIBIT C
EXHIBITC
EXHIBIT D

BEFORE THE ILLINOIS POLLUTION

CONTROL

BOAF~ECE~VED

CLERK’S OFFICE

ST.

FRANCIS

PET

CREMATORY &

)

JUL

292005

KENNELS, INC.,

an Illinois

Corporation,

)

STATE OF ILLINOIS

)

Pollution Control Board

Petitioner,

)

t\1

)

PCB

1j~~

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

NOTICE

OF FILING

TO:

Division ofLegal Counsel

Illinois Environmental Protection

Agency

1021

North Grand Avenue East

P.O.

Box

19276

Springfield,

62794-9276

PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk ofthe Pollution

Control

Board

the

Permit

Appeal

St.

Francis

Pet

Crematory

Kennels,

Inc.,

Illinois

Corporation,

a copy of which is herewith served upon you.

Ann T. Dempsey

Ann T. Dempsey, ARDC

# 06208364

Oliver, Close, Worden,

Winkler & Greenwald LLC

124 N. Water St., Suite 300

P.O.

Box 4749

Rockford, IL

61110-4749

CERTifICATE

OF SERVICE

I, the undersigned, certify that I have served the attached Notice of Filing by depositing

copy of said document in the United States Mail at Rockford, Illinois on July

________,

2005, on or

aboutthe hour of5:00 p.m., enclosed in an envelope, postage fullyprepaid, addressed to each ofthe

following persons:

Division ofLegal Counsel

Illinois

Environmental Protection Agency

1021

North Grand Avenue East

P.O.

Box

19276

Springfield,

IL 62794-9276

•

____

Ann T. Dempsey

/•

Ann T. Dempsey, ARDC # 06208364

Oliver, Close,

Worden,

Winkler & Greenwald LLC

124 N.

Water St., Suite 300

P.O. Box 4749

Rockford, IL

61110-4749

BEFORE

THE ILLINOIS POLLUTION

CONTROL

BOAWECEIVED

CLERKS OFFICE

ST. FRANCIS

PET CREMATORY &

)

•

JUL

292005

KENNELS, INC., an Illinois

Corporation,

)

STATE OF

ILLINOIS

)

Pollution Control Board

•

Petitioner,

)

PCB

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

APPEARANCE

I hereby file my appearance

this proceeding on behalf ofthe Petitioner,

St.

Francis Pet

Crematory & Kennels, Inc., an Illinois Corporation.

/j4~

Ann T. Dempsey

Ann 1.

Dempsey, ARDC # 06208364

Oliver, Close,

Worden,

Winkler &

Greenwald LLC

124 N. Water St.,

Suite 300

P.O.

Box 4749

Rockford, IL

61110-4749

Telephone:

815/968-7591

Telefax: 815/968-7507

BEFORE THE ILLINOIS POLLUTION CONTROL

BOARD

RECEIVED

CLERKS ~FICE

FRANCIS

PET

CREMATORY &

)

JUL

292005

KENNELS, NC., an

Illinois

Corporation,

)

‘~~•

StATE

OF ILLINOIS

Petitioner,

)

Pollution

Control Board

)

PCBO

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

PERMIT

APPEAL

NOW COMES the Petitioner, St. Francis Pet Crematory and Kennels, Inc., by its attorneys,

Oliver Close, Worden, Winker & Greenwald LLC, and as and for its Petition to Appeal the decision

of the Illinois Environmental

Protection Agency denying a Permit states as follows:

Onor about January 3,2005,

St. Francis Pet Crematory & Kennels, Inc., dlb/a Clean

Earth Pet

Systems (“St. Francis”) filed an Application for a DevelopmentlSupplemental Permit for

Potentially

Infectious

Medical

Waste (“Application”)

with

the

Illinois

Environmental Protection

Agency (“Agency”). Attached

hereto, marked Exhibit A,

and incorporated herein is a copy of the

General Application for Permit and Application for Potentially

Infectious Medical Waste Permit to

Develop Treatment andlor Store-Transfer Facilities.

Along with the Application, St. Francis submitted the requiredCertification ofSiting

Approval to the Agency.

copy of the Certificate of Siting

Approval is

attached hereto, marked

Exhibit B,

and

incorporated herein.

By letter dated July 1,2005, the Agency denied the Application on the basis that St.

Francis failed to submit “proofoflocal siting approval for the treatment of waste at

this facility.” A

copy of the Agency denial letter

is attached hereto, marked Exhibit

and

incorporated herein.

St. Francis originally applied for a pollution control facility permit for this facility in

1999.

The original application

for a pollution control facility permit requests that a permit issue to

transfer,

store

and

incinerate animal

carcasses.

St.

Francis

obtained

local

siting approval for the

original application on January

14,

1999.

A copy of the Certificate of Siting Approval

is attached

hereto, marked Exhibit B,

and incorporated herein.

The Agency issued

a permit dated December

1999

for

St.

Francis “to

operate a

storage, transfer and incineration facility for solid waste or

special waste

consistingonTlyofanimal

carcasses.

No garbage, other solid waste,

potentially infectious

waste, or RCRA hazardous waste

can be

accepted at

this

facility.” (emphasis added)

copy of the Agency permit dated December

1999

is attached hereto, marked Exhibit D,

and incorporated herein.

The Application seeks to modify the existing permit in order to allow St.

Francis to

accept veterinary medical waste

including

sharps which are potentially infectious

medical waste

(“P1MW”).

The

St.

Francis

facility

permitted to

“special

waste”

and

special

waste

includes potentially infectious medical waste. 415

ILCS 5/3.475(a).

Since

St.

Francis

currently

permitted

accept “special

waste,” a

new permit

allowing

St.

Francis to

accept P1MW may be

granted without the requirement of additional

local

siting.

The Illinois Environmental Protection Act does not require local siting foran existing

pollution control facilityrequesting approval to “treat” waste forthe first time. 415 ILCA

5/3.330(b).

10.

It was improper for theAgency to deny the Application on the basis ofno additional

local siting approval.

WHEREFORE. Petitioner, St. Francis Pet Crematory and Kennels, Inc., respectftilly requests

that

the

Pollution

Control

Board

reverse

the

denial

of the

permit

Application

the

Illinois

Environmental Protection Agency on the basis that the Application lacked local siting appraval

and

for such further relief as the Board deems just and equitable.

ST.

FRANCIS PET

CREMATORY and

KENNELS, INC., Petitioner,

By:

OLIVER, CLOSE,

WORDEN,

WINK~,ER

& GREENWALD LLC

By:

nn T. Dempsey

Ann T.

Dempsey, ARDC

# 06208364

Oliver, Close, Worden.

Winkler & Greenwald

LLC

124 N. Water St.,

Suite

300

P.O.

Box 4749

Rockford. IL

6 110-4749

Telephone:

815/968-7591

Telefax: 815/968-7507

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORm

G~No

AVENUE

EAST,

P.O.

Box

19276,

 SPRINCFIELD,

ILUNOIS

52794-9276, 217-782-3397

JAMES

THOMPSON

CENTER,

100

WEST

RANDOLPH,

SurrE

~30o,

C-lIcAco,

IL 60601,

31 2-81 4-5025

ROD

Bi~cojEvtcH,

GOVERNOR

RENEE CPRIAN0,

DIRECTOR

General Application

for

Permit

(LPC-PAI)

This

form

must be

used

for

any application

for

permit,

except for landscape

waste composting

or hazardous waste martagement-facilities

regulated in accordance with RCRA,

Subtitle

from

the Bureau of

Land.

One original

and

two

(2)

photocopies, or three (3) if applicable, of

all

permit application forms

must be submitted.

Attach

the original and appropriate number

 ofcopies

of

any

necessary.plans,

specifications,

reports,

etc.

to ftlly

support

and

describe the activities or modifications being

proposed.

Attach sufficient information

demonstrate

compliance with all

applicable

regulatory requirements.

Incomplete applications will

rejected.

Please refer to

the instructions for further

guidance.

Note:

Permit applications which

are

hand-delivered

the Bureau of Land,

Permit Section

must

be dtlivered to

1021

North

Grand Avenue

between the hours of 3:30

a.m.

5:00 p.m.,

Monday through Friday (excluding

State

hoUdays)

Please

type

or print legibly.

SITE IDENTIFICATION

Name:

 Saint Francis Pet Crematory

Site # (Illinois

EPA):

Physical

Site

Location

(street, road,

etc.):

3255

Gi easman

Road

Rockford,

IL

61101

Existing

DE/OP Permit Nos. (if applicable):

II.

OWNERJOPERATOR

IDENTIFICATION

County:

Winnebago

OWNER

OPERATOR

Name:

Idress:

Thomas

C.

 Carroll

6

N.

Wnrul

441 Catalpa

Dale

Avenue

RDH1

St. Francis Pet Crematory & Kennels,

 Inc.

d/b/a Clean Earth

 Pet Systems

32c~

C,leasman~oad

Rockford,

IL

 .61101

Contact Name:

—

Phone#:

63~0

766—3646

Thnmac

c.

 Carroll

(81~

 624—0444

Ill.

PERMIT APPLICATION

IDENTIFICATION

TYPE SUBMISSION/REVIEW PERIOD:

TYPE FACILITY:

_New Landfill/ISO

days

(35

LAC

Part

813)

—

Landfill Expansion/ISO

days

(35

IAC

Part

8(3)

—

Sign. Mod to Operatel9O

days

(35 IAC

Part

813)

—

Other Sign. Mod/90

days

(35 IAC

Part

813)

—

Renewal of Landfill

days

(35 AC

Part

313)

Developmentall90

days

(35 (AC

Part

807)

—

Operating/45 days (35

(AC

Part

807)

~SuppiementaI/90

days

(35

(AC

Part

307)

—

Permit Transfer/90

days

(35

(AC

Part

307)

—

~enewal~

~yuic’$4i~a1t

307)

_______________

0E5Ca4’TION ~

~IncIude

a brief

narrative

description

here.)

Developmernt-.applyca,tt

~~?othod~fy

 tne existlnq facility

to

1

add

two

(2)

 Sortdtech

Redic.4l waste

 (P1MW.,).

 an4 2)

 allow ~cceptance

of P1MW animal carcass~tortncineration.

RcCxroao

—4302

North Main

Street Rocklord,

61103

-~(

15)

987.7764)

•

Or,

Pu*jt~rs—9511 W. Harrison

St.,

Des Plaines.

II. 60016— (647) 294-4000

—

595

Sooth State, Egin_j~6J.l

(g47) 608-3131

•

P!ORt~

—

5415 N.

University

St..

Peoria, It. 61614—1309)

693-5463

BuReAU

Lu4o

PeomA

—

7620

Uni’~ecsity

St.,

Peoriçjt61614 —(309)

693-5462

•

CaAMPAIc.1 —2125

South

First Street.

Champaign,

1161820— (217) 278-5800

Sptr.c,ao

—4500 S. Sixth

Street Rd.. SpringfieldIL

62706—1217)766-6892

CotuNSvitLZ

—2009 Mail

Street, Coilinsville,

It. 62234 —(618)

346-Si 20

MARION

—

2309 W. Main

St.,

Suite

116, Marion,

62959

—

(618) 993-7200

City, Zip Code:

1999—125—DE/OP:

2002—232—SP

Land Treatment

Transfer Station

Treatment

Storage

—

Landfill

‘S

~ILtflr1

~,,4

nfl

Incinerator

Composting

R ecyd in4/Reclarnation

Other (Speci~/)

TYPE

WASTE:

General Municipal

Refuse

—

Hazardous

Special (Non-hazardous)

Chemical Only (cxc.

putrescible)

—

Inert Only (cxc.

chemical

and

putrescible)

—

Used Oil

Potentially Infectious Medical

Wasto

—

Landscape

Waste

Other (Specifr)

~rlrn.~i

rrcffiQ_________

IV.

COMPLETENESS

REQUIREMENTS

The following items must be

checked

Yes, No or N/A.

Each

item will

reviewed by

the

log

clerk.

Blank

items will result in

rejection

the application.

Please refer to

the instructions for further guidance.

Have all

required public

notice

letters

been

mailed in accordance with

the LPC-PA

instructions?

Tab

(If so, provide a

list

of those recipients of the required public notice letters for Illinois

EPA

retention.)

Such retention shall

not

imply

any

Illinois

EPA

review and/or confirmation of the list)

Is the

Siting

Certification Form (LPC-PA8) completed and

enclosed?

Is siting approval currently under litigation?_ Yes

—

No

—

N/A

Is a closure,

and if necessary a post closure,

plan covering these activities being submitted, or

has

one already been

approved?

(Provide permit

number

 1999125DE/OP

For

waste disposal sites only:

Has any employee,

owner,

operator, officer or director of the owner

or operator had a prior conduct certification

denied,- canceled or revoked?

Have

you included

a demonstration of how you comply or intend to comply with

III. Adm. Code Part 745?

5. a.

Is land ownership held in beneficial

trust?

Ifyes.

a beneficial trust certification form (LPC-PA9) completed and enclosed?

6. a.

Does the application contain

information or proposals

regarding

the hydrogeology; groundwater

monitoring, modeling or classification;

a groundwater impact assessment; or vadose zone

monitoring for which you

are requesting approval?

If yes, have

you submitted a third (3rd)

copy of the application (4 total)

and supporting documents?

AYes_NoN/A

Yes

N/A

Yes

—

N/A

AYes_NON/A

.....Yes_NCXN/A

—

Yes

NoZN/A

YesXNo

N/A

Yes

N/A

Yes

N/A

SIGNATURES

(Original signatures

required.

Signature stamps

or applications

transmitted electronically orby facsimile are

acceptable.)

All

applications shall

be signed by the person designated below

a duly authorized representatiye of the owner and/or opeiit5r.

Corporation

By a principal executive officer of at

least

the level of vice-president.

—

Partnership

or- Sole

Propnetorship

a general partner or the proprietor, respectively.

-:.~

Government

By either a pnncipal

executive officer or a ranking elected official

A person

a duly authorized

representative ofthe owner and operator only ifi

‘

They

meet the criteria

above or theauthorization

has

been granted in writing by a person described

above:

and

submitted with this application (a copy of a previously

submitted authorization

can

used).

I hereby affirm

that all

information áontained in this Application

true

and accurate to the best of my knowledge

and bclief.

herein swear that!

a duly authorized representative of owner/operator and

am authorized to sign this permit application

form.

OwnerSignature:~’~~

C_0~_t.?

Title:

Owner

Dato:

F2131/04

Owner FEIN

S.S.

Number

359—66—3919

Operator Signature:

Title:

 Vice President

Operator

FEIN

or 5.5.Number

36—3650447

Notary:

 Subscribe

and

sworn

before

me this

~àax

bece’rnbqr

Notary

Signature:

fli

&-m.~c~~Notary

Seal:

Mycommissionexpireson:

Engineer Signature:

EngineerAddress:

~~4~L__2t

2(~_,_~

Fehr—~rRham A Accnri~tac

221

E

 Main,

cn~tô

2(1(1

Freeport, ~L 61032

Date:

12/31/04

JW1.tt

—

•

 NINETrEM CCfl~

NCt.ARy Pt~C

STATE

~___

Date:

‘

- -~

Engineer Phone No.

815)

235—7643

jab/9878lp.doc

All

information submitted as part of the Application

 is available to the public except

 designated-by the Applicant to

treated confidentially

as a trade secret or secret process

accordance

with Section 7(a) oi

Environmental Protection

Act,

applicable

Rules and Regulations of the Illinois Pollution

Control Board and applicable Illinois

EPA

rules and guidelines.

Engineer Seal:

ftL!NQ~5FiNvIROiNMENTAI..

PRCTECTCQtN

ACENCY

1021

NORtH

GRAND

AvEp~uEaAST,

P.O.

Box

9276,

SPciNc;IELD,

ILLINOtS

62794—9276,

217-782-3397

l.’~~iesR.

THoMPSON

C~NTER, 100

WEST

RANDOLPH,

SuitE 11-300, C~IcAco,IL 60601,

312-814-6026

ROD

SLAGOJEVICH,

GOVERNOR

RENEE

CIPRIANO,

DIRECtOR

APPUCATION FORA POTENTIALLYINYEC~IOUSMEDICAL WASTE PERMIT

TO DEVELOP TREATMENT AND/OR STORAGE-TR4NSFER FACILITIES (LPC-PAI7)

SiteName:

Saint

Francis

Pet

Crematory

County:

 Winnebago

Site

Number

2010355020

11.

Applicant Information:

Owner

Ocerator (if different)

Name:

 Thomas

G.

 Carroll

St.

 Francis Pet Crematory & Kennels

d/b/a Clean earth Pet Systems

Phone:

 ( 639/766—3646

 p15’) 624—0444

2.

 Owners.hip and Operator Status:

3.

 Land is:

Owner

 Operator

Owned

by Applicant (Operator)

Leased by

Applicant

_____

Corporation

Beginning Date on Lease

9/1/98

Partnership

Expiration Date ofLease

8/31/203

Sole Proprietor

Held

in Trust

Governmental Body

Other

III.

Location Information:

Attach a copy of the United States Geologic Survey (U.S.G.S.) quadrangle map (7.5

minute quadrangle,

published)

and

topographic map of the area which surrounds the

site.

Also

provide a

legal

description of the

 site.

See

 Tab A

Quadranglemapprovided:

 U.S.G.S.

 map South Beloit Ouadrangle

 19cR

Name

Date.

_________

Acres

in

_______________

_______________~~~~,

c~th~~-

Quarter, of

Section

 Town&hip

North

.Range

 F~cr

—‘

 Third

 P.M.

Local

Description:

Lot

________________

Block

______________

Present Zoning

Classiflcacion

and

Restrictions(ifany):

Agricultural

Zoning

 (AGI-)

with

Special

Use

Permit

for

 animal

 crematory

LV.

 Facility

Background:

This

exfszir.g

f:cility.

Operation be’an

(mo.)

L999

(yr.)

This

a proposed dcvelopmenc.

This

Agc~cy

is authorized

require this information under

Illinois Rc’v,sai

Statuta,

979.

chapter iii

1/2. Scedon

1039.

Disciosure of

this

intbtmañon

is rtiuised under that Scetion.

532-2091

Failure

:

do so may pxtvait this

rorm

from being proccd

and could tacit

In your

LPC 461

applicazion bcing daiS.

This

rorm

has bcai

approved by the Forms Manacmcn

Ccntcc.

Rocsoio—4302 Noitli Main

Street.,

Rocldord, t

61103 —(815) 987.7760

•-

Os Pu~ns

—9511

rnso

Phi

•

016—1847)

294-4000

&can

—595 South State. El~in,II, 60123

..(347) 603-3131

•

PtomA

—

541$ N.

Univeni

Pee

•

3uas~u

Lnc

Peon,

—7620 N.

University St.

Peotia.

IL 61614—(309) 693-5462

Gwap,ec.N—

uth F

0-.

17)27

Snzsc,,ao

—

4500

5. Sixth Street Rd..

Springñe4d.

IL 62706 —(217) 756-6892

cou.w.s’4’ua

—

2009

insv

(

512

~4,mo.

—

2209W. Main

5t..

Suite

116. Marion.

IL 62959

—(6183

993.7200

-—

Page

_____

This

is a proposed experimental

permit.

_____

This is

a proposed experimental permit.

Other existing environmental facility

permits:

See

Tab

1999—125—DE/OP

 2002—232—SP

t~PA

Oarm~t~D#2nlBOEAftC

Dept.

 of Agriculture—Dead Animal

 Disposal

 License #53

Zoning Approval

 letter for veterinary

 waste

Consult instuctions

for the contents of

 Sections

and

VII.

Facility

 information:

The following documents

must

accompany the application.

Please

indicate the location

in theipplication

for

the documents being

submitted with

this application.

Location

in Application

plan sheet of

the

site.

A process flow dia&am of the

treaaiient

or storage operation.

narrative

description

the site’s operation.

Waste

types (Identify P1MW and other

wastes

accepted

and

how they aS-to

managed).

‘3

5.~

Waste

 screening

plan

(A description of methods used to screen

and test waste

types).

6.~

Initial Efficacy

Test and

Periodic Verification

Test(s).

7.~

Classification of residuals

—

A description of methods used to t~eatransfer or~jispcseof

residual

wastes generated

from the operation of the site

Contingency

plan.

:-:2

Design

Waste Management Area.

10.

Inspection

plan.

ii.

Record

keeping.

‘•

12.

Closure plan.

13.

Site suitability.

*Ifapplicabte.

VT.

Storage:

x

This application

is for

storage in the

following:

(check the appropriate box(es)).

Single-use containers

Dnims

Reusable containers

Other

(type)

General Information:

For each

storage unit

provide the following information:

See

 T~bP.

Location drawings

Material of construction

Storage

capacity

Duration

of

storage

Type of waste(s) contained

in each area

F.

Container

design

VII.

Treatment:

This

application

is for

treatment by the followingmethod(s) (check the appropriate box(es)).

Thermal

Physical/Chemical

 Other: autoci avi ng

Irradiation

(type)

General

 Information:

 For each treatment unit provide the following information:

See

Tab

A.

Location

 drawings

B.

 Material ofconstruction

C.

Number

ofunits

and capacity

D.

Age of

units

E.

 Type ofwaste(s)

F.

 Unit design

0.

 Treatment processes

(Refer to the instructions).

jab\00243 lp.doc

‘7~~

Exbbir

-k

LPC -F A 1.7

Legal description of site:

Part of the Southeast Quarter

(1/4)

ofSection

Township

North,

Range

East of the Third Principal Meridian, described as follows: Beginning at a point in

the South

line ofsaid

Section

1331.2

feet West of the Southeast corner thereof;

thence

~Vestalong said

South

line

330

feet; thence North 0

degrees 05’ East 660

feet;

thence East parallel with the

South

line of said

Section 330

feet;

thence South

degrees

05’ East 660

feet to

the place of beginning; situated

th the County of

Winnebago

and

State of flhinois;

commonly

know-n at 3255

Gleasrnan Road, Rocldord,

Illinois,

61101.

EXHIB/T A

ILLINOIS

ENvIRo~p~iENTAL

PROTECTION

AGENCY

1021

~4orth

Ccant~

Avenue

East,

3cr

19275,

5crin~eId,

(Ilinoth

62794-9275

 Warg

Qade,

Director

CERTiFiCATION

OF SITING APPROVAL (LPC-PA8)

Name of Applicant

St.

Francis

Pet

Crenatorv

!en~e1s

Address of Applicant

3255

Gleasman

Road

Name

Sae:

St.

Francis

Pet

Crematory

Site

Information:

Nearest

City:

Rockford

County:

Wtnneba~-n

January

St.

Francis

Pet

Winnebago

County

approvedthesitelocationsuitabilityof

Kennels,

Inc.

(county or municipality)

(name

of site)

as a new

pollution

confrol

~drtty

accordance with Section

39.2

of the

Illinois

Enviranniental Protection

Act.

III.

Rev.

Stat..

ch.

lii ½,

Section

10392.

The

facility was

approved for

the

following

activities:

waste storage Lk

landfill ~

waste

disposal

waste

transfer

station

(

waste treatment L

waste incinerator

(

Attached to this certification is

a true

and

correct statement

of the

legal

de~saiption

the

site

was approved

by the

afcrementionedlcolgoverningbody.

See

Exhibit

attached..

Attadied to

this

certification

tn~e

and

a~ntestatement of conditions,

any,

under

which the

approval was provided.

(Note:

These conditions are provided

for inforniaticn

only

to the

IEPA

The

EPA

is not obligated

monitor or

enforce

ccal

conditions.)

~‘Ione

County

Board

(governing body

of county

municipality)

__________________

execute this certification

behalf

Winnebago

County

(count’~

municipality)

The undersigned

has been authorized

the

Winnebago

County

(county

or

municipality)

OFFICIAL

SEAL

SERINJA

L CARDENAS

NOTARY

~U8UC.

STAfl

II±_JNOIS

Mt COMMISSION

t4PIRES

EXHIBIT

1999

the

County

Board

(governing

body of

county

or municipality)

Cremate

SUBSCRIBED

AND SWC~N

TO BEFORE ME

this ______dayof,2,taa..~&i._~19_93~

j~t

Notary Public

C.rtS,~j:acs,n

SS~.aq~prn2.

(L2C.?AJ)

EXHIBIT

true

and

correct

statement

the

legal

descrtotion

the

site:

Part

the

Southeast

Quarter

(1/4)

Section

Township

North,

Range

East

the

Third

Principal

Meridian,

described

follows:

Beginning

point

the

South

line

of-said

Section

1331.2

feet

West

the

Southeast

corner

thereof;

thence

West

along

said

South

line

330

feet;

thence

North

degrees

05’

East

660

feet;

 thence East parallel with the South line of

 said

Section 330

 feet;

 thence South

 0 degrees

 as’

East

660

feet to the place

 of beginning;

 situated in the County

of Winnebago and State of Illinois;

Commonly known as 3255 Gleasman Road,

 Rocicton,

 Illinois,

61072

EXHIB

IJT ~

ILLINO!S

E’JvIRONMENTL

PROTECTION

AGENCY

o:~

Nogik C~Nc

AVENUE

£~$7

P~.

3ox

:9276,

3nlNcnEL~, LL:NCIS

52794-927-5,

2177323397

JAMES

TACMPSCN

CENTER,

100

WEST ~AN0O1?I1,SLITS

-300. C~’cco,

60601, 312-a

4-6025

Roo

BLACCIEVICH,

C0vERN0R

217/524-3300

Certified

Mail

Ju’y

2005

7002

3150

0000

1253

1617

7002

3150

0000

1253

1624

OWNER

OPERATOR

Thomas 0.

Carroll

St. Francis Pet Crematory &

Kennels, Inc.

St Francis

Pet Crematory & Kennels, Inc.

dlb/a Clean Earth Pet Systems

6 N 441

Catalpa Avenue

3255

Gleasman Road

Wood Dale, illinois

60191

Rocldord, fflinois 61101

Re:

2010355020

Winnebago

County

St Francis

Pet Crematory

Log No. 2005-003

Permit

File

Dear Mr.

 Cairo 11:

This

will acknowledge receipt ofyour Application for Permit to modify your current permit to

add

storage,

tansfer,

 andtrea~ent

of potentially

infectious

medical wa$e(P1MW), dated

December

31, 2004,

and

received by the illinois

 Environmental

Protection Agency (illinois EPA)

on January

3, 2005, with addifionai information dated June 2, 2005,

and

received by the illinois

EPA on June 3, 2005.

Your application to

modify the permit is denied.

You have failed

to provide woofthat canting these changes would not result in violations ofthe

illinois

Environmental Protection Act-

Section

3 9(a) of the illinois Environmental Protection

Act (415 ILCS

5/39(a)) requires the Agency to provide the applicant with specific

reasons

for the

denial of permit.

The following reason is given:

The application does not contain proof of local siting approval for the tea~entof waste

this

facility.

The illinois EPA may not

~ant

permit for the development or construction of

a new pollution control facility

unless

the applicant

submits

proof to

the

Agency that

the

location of the facility has been approved by the County Board of the

county

if in an

unincorporated area, or the governing body ofthe

municipality

when in an incorporated area,

in which the

facility

is to be located.

(415

ESCS 5/39(c))

Within 35 days after the date of

mailing

of the illinois EPA’s

final decision, the applicant

may

petition for a hearing before the illinois Pollution Contro

Board (Board) to

contest the decision

ofthe illinois EPA, however,

the 35-day period for petitioning for a hearing may be extended for

Rocxpogo —4302 North Main

Street.

Rockford,

L 61103

—(515) 987-7760

•

Ots

Pt,wits

—

9511

Narrison

SU.

Des

Plaines, IL 60016—18471

294—4000

Ei.cin —595

South

State,

Elgin,

IL 60123—847) 608-3131

•

PEoR~

—

5415

N. University

St..

Peoria,

IL 61614— (309) 693-5463

Btjev~u0~

L~~0

PEORLA

—

7620

N. University

St.,

Peoria,

IL 61614— (309)

593.5462

•

CH.AMPAjCN

—21

Firs

Champaign.

IL 61820— (217) 278-5800

Spioncnao —4500

Sixth

Street

Rd.,

Springfield,

IL 62706—217) 786-6892

CCWNSVIUE

—

Mali

Ilins

4—

346-51

MARION

—

2309 W.

Main

St.,

Suite

116, Marion,

IL 62959—

(

93-

..~J.maon~lREc’,cLw

PAPER

~-r

—

a period of

time

not to

exceed

days by

written notice

provided to

the Board from

the applicant

and the illinois

EPA within the 35-day

initial

appeal

period.

Should you wish to reapply or have

any questions regarding

this

application, please contact

Beverly

Albarracin

at 217/524-3289,

S~ely~

Joyce L.

Munie

.E.

Manager, Permit Section

Bureau ofLand

JLM:BGA:bjh\05 1831 s.doc

Attachment

—

Legal Description

cc:

Quentin H. Davis, P.E.

Ann T.

Dempsey

EXHIBIT C

Arachment

2010355020

DuPage County

St.

Francis Pet

Crematory

Log No. 2005-003

Permit File

Legal Description ofSite:

Part of the Southeast Quarter (1/4) ofSection

3, Township

North, Range

East ofthe Third

Principal Meridian, described as foUows:

Beginning

at a point in the South line of said Section

1331.2

feet West of the Southeast corner thereof; thence

West along said South

line

330

feet;

thence North 0 degrees

05’

East 660

feet; thence

East parallel with the South line of said

Section

330

feet; thence

South

degrees

05’

East 660

feet to

the place ofbeginning; situated in the

County of Winnebago

and State of

illinois; commonly known as 3255 Gleasman Road,

Rocidord, illinois

61101.

EXHIBITC

•

ILLtNOS

ENVRQNMENT4J

FROTECTCON

ACENCY

021

NORTH

CRANe

Av&&E

EAsT,

P0.

Box

19275,

SPRINGFIELD,

ILLINOIs

62794-9275

THOMAS

SINNER,

D’REcrog

217/524-3300

CERTIFIED

MAIL

December

6,

19g9

416

153

289

1 416

153

290

OWNER

OPERATOR

Thomas 0.

Carroll

Thomas 0.

Carroll

700

Nicholas Boulevard

St. Francis

Pet

Crematory &

Kennels, Inc.

Suite

200

3255

Gleasman Road

Elk Grove Village,

illinois

60007

Rockton, illinois

61072

Re:

2010355020

—

Winnebago County

St. Francis Pet Crematory

Permit

No.

1999-125-DE/OP

Supplemental Permit No.

1999-406-SF

Log No.

1999-406 (1999-125)

Permit File

Oentlemti:

Permit

hereby granted to

St.

Francis Pet

Crematory

& Kennels,

Incto

operate a solid waste

management

site to

store,

transfer,

and incinerate animal carcasses.

This

permit also modifies

the

procedures in the Development Permit to

allow relocation of the generator,

the use of eight (8)

refrigerated trailers,

and additional

hours,

all

in accordance with

the

application of October 20,

1999,

received by the illinois Environmental Protection

Agency (Illinois EPA)

October22,

1999

consisting of the property described

in Attachment

all

accordance with the application

and plans prepared by Quentin

Davis, FE.

Final plans,

specifications, application and

supporting documents

as submitted and approved shall constitute part of this

permit and are

identified on the records of the illinois Environmental Protection

Agency,

Division of Land

Pollution Control

by the permit numb~r(s)and

log number(s)

designated in

the

heading above.

The permit

issued subject to the standard conditions

attached hereto and incorporated herein by

reference,

and

further subject to

the following special

conditions.

In case ofconflict between

the

application

and plans

submitted and

these special

conditions,

the special conditions

of this

permit

shall govern:

This

permit allows St. Francis

Pet Crematory & Kennels, Inc.

to operate

a storage, transfer

and incineration

facility for solid wastes or special wastes consisting only of animal

carcasses.

No garbage, other solid wastes, potentially infectious

wastes, or RCRA hazardous

wastes can

be accepted at this

facility.

PRIPIrED

c’jrã

RECYCCZO

P,PER

Pag~2

The Permittee is

authorized

to operate

the following units,

all

accordance with

the

approved application:

Two (2) walk-in

freezers, each 27’

27’

10’,

to be

used to

store

animal carcasses prior

to processing

in the cremation chambers;

Eight (8) exterior stationary refrigerated trailers, each 6’ x

40’

10’, to p~ovideextra

temporary storage of animal carcasses;

Two (2) combustion chambers, Model 0-50-P, each with

permitted capacity of 4000

pounds per batch,

two

batches per day;

One (1) combustion chamber,

Model 0-20-P, with

a permitted capacity of 1500

pounds

per batch, two

batches per day;

One (1) gas-powered generator area,

as described in

the Supplemental Permit

application; and

Ash storage area, approximateLy

30’

30’, to store

containers of ash until removed for

proper disposal.

The Perrnittee may operate from 6:00

a.m.

to 6:00

p.m.

Monday through

Saturday.

However,

the Permittee

may conduct monitoring, inspections,

and cleanup oUtside of the designated

operating hours.

Adequate lighting

shall

be provided when the facility is

operated outside of daylight-hours.

The facility must operate

accordance with the procedures in

the approved application.

The Permittee must

provide adequate employee training

to operate all

equipment befort

employees are left unsupervised.

The Permittee may accept waste

at the facility during

periods of curtailed facility operations

under the following conditions:

During the first

14 days ofcurtailed operations,

waste may be

accepted normally;

After

14 days:

If one or more of the

incinerators

are

service, no

more than. one-half the amount

of the permitted capacity identifIed in

Condition

above for the operating

incinerator(s)

may

accepted unless

the excess amount can be

processed or stored-

site;

EXHIBiT

Page

If all

three incinerators

are

out of service, no

waste

may

accepted until

at least

one incinerator is

placed back

in service.

Notwithstanding

the above, the

Perrnittee may accept waste for additional periods

during

extended curtailed facility operations caused by unusual circumstances

only

as approved

writing by

the illinois EPA.

A copy of all

records

and reports

required by this

permit shall be maintained

ii~

the facility’s

operating

record.

The operating record shall

be made available to

the illinois EPA upon

request.

All

information shall

be maintained in the record for a

period of at least three years

beyond the date of the report.

The following information shall be

included in the operating record and recorded daily:

the amount

of waste

received;

the amount

of waste

rejected;

the amount

of bottom and fly ash removed;

and

name and address of each receiving facility that accepted the rejected waste

and the ash.

10.

The contingency plan must be submitted to

all

local emergency response units, including the

police department, fire department, ambulance service, and hosp5tal,

within

30 days of the

date of issuance of this permit.

11.

On an

annual basis,

the Permittee shall familiarize

all

local

emergency response units with

the contingency plan

and document the date, time

and contents of meetings

held to comply

with

these requirements.

12.

The Permittee shall

notify the illinois

EPA of any changes from

the information submitted

the illinois EPA in its

application for a Development

permit. for this

site.

Tha Permittee shall

notify the illinois EPA of any changes

in the names or addresses of both

beneficial

and legal

titleholders

the herein-permitted site.

Such notification

shall

made in

writing within

fifteen

(15)

days of such change and shall

include

the name or names of any parties

interest and the address of their place of abode; or, if

a corporation,

the name and address of

its

registered agent.

Any modification

the facility shall be the subject of an

application

for

a supplemental permit for this

facility.

13.

This

perrrtit is

issued with

the expressed understanding that

process discharge

Waters of

the State or to

a sanitary sewer will

occur

from

this facility, except as authorized by

a permit

front the Bureau of-Water (BOW).

14.

This

permit is issued with

the expressed understanding that no emissions

will be generated

by this

facility, except as authorized by a permit from

the Bureau of Air (BOA).

Page

15.

The incinerator ash from waste

Incineration shall

be disposed of only

properly permitted

landfill.

16.

Fire safety equipment, including fire extinguishers,

shall

maintained in

accordance with

recommended practice.

17.

A vector control specialist shall inspect the facility at least quarterly.

IS nece~sary,vector

control measures

shall be

taken.

The results of these inspections

shall

maintained as part

of the facility operating record and shall

be made available to

the illinois

EPA upon

written

or verbal request.

18.

The facility shall perform routine

housekeeping.

Routine housekeeping measures

at a

minimum shall

include:

Inspection

and maintenance

of the equipment

in accordance with

the

manufacturer’s

recommendations;

Periodic sweeping and cleaning of unloading

area, incinerator loading area, generator

area and ash storage area;

Dailyjanitorial

cleaning of administrative offices, sanitary and employee

facilities;

Daily cleaning of any area as needed with

mop and

pail usin~

bleach or iodine solution;

Daily inspection

and cleanup of yard area from spillage, litter, and other foreign

materials;

Weekly cleaning and inspection of maintenance areas for orderliness

and safety

compliance

with industrial

standards;

Weekly fire

and safety inspections.

The

time

and date of each inspection, shall

be maintained

in the operating

record.

19.

The facility shall

be maintained and operated to prevent nuisance odors

and litter outside

the

building.

Any litter present outside of the building shall

be collected daily.

20.

Any modification

the facility shall

the subject of an

application for supplemental

permit

for site modification

submitted

to the illinois EPA.

21.

The Perrnittee shall

notify the illinois EPA’s

Bureau of Land in

writing of its

intent

to close

at least 45

days prior to the date closure

is expected to begin.

Along with

this

notification,

Page

the Permittee shall submit the procedure and sampling and

analysis plan

be used in

demonstrating the

area has been

properly decontaminated.

This plan

shall

approved

the illinois

EPA’s Bureau of Land in writing prior to

being implemented.

22.

The operator shall notify

the illinois

EPA within

days after receiving the

final volume

waste.

23.

The operator shall initiate

implementation of the closure

plan within

30 days after the site

receives its

final volume of waste.

24.

The operator shall not file

any application

to modify the closure plan

less than

180 days prior

to receipt of the final

volume of waste.

25.

Upon completion

of closure activities,

the operator will 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 of Completion of Closure

of Non-Hazardous Waste Facilities.”

26.

This

permit

is subject to

review

and modification

by the illinois EPA

as deemed necessary

fulfill

the intent and purpose of the Environmental Protection Act,

and all

applicable

environmental

rules

and regulations.

The original

and two

(2) copies of all

certifications,

logs,

or reports and three (3) copies of

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

Planning

and

Reporting Section

Division

of Land Pollution Control

#24

1021

North Grand Avenue

East

Post Office

Box

19276

Springfield,

illinois

62794-9276

Work re4uired by

this

permit,

your application

or the

regulations

may

also

be subject to 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

of these laws must be performed in

compliance with

them.

The illinois

EPA

may refer any discovered violation of these laws

to the

appropriate regulating

authority.

Page

Within

days after the

date of mailing of the illinois EPA’s

final decision, the applicant may

petition

for a hearing before

the illinois Pollution

Control Board to contest the decision

of the

illinois EPA, however,

the 35-thy period for petitioning

for a

hearing may be extended

for a

period of time

not

to exceed 90 days

by written notice provided

the Board from the applicant

and the illinois EPA within the 35-thy initial appeal period.

Sincerely,

Joyce L.

Munid( P.E.

Manager, Permit Section

Bureau of Land

JLM:a:bjh\99252S

.WPD

Attachment

cc:

Quentin

H. Davis, P.E.

Ann T.

Dempseyy’

STANDARD

CONDITIONS

FOR CONSTRtJCTION/DEVELOPN’ENT PERMITS

ISSUED

BY THE

ILLB4OIS ENVIRONMENTAL PROTECTION AGENCY

July

1979

The Illinois Envjronznentaj

Protection Act (Illinois Revised Statutes,

Chapter 111-1/2, Section

1039) grants

the Environmental Protection Agency authority

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 Division of Water Pollution

Control, Air

Pollution Control, PublicWater Supplies, and

Land and Noise Pollution

Control.

Special

conditions may also

be imposed by the separate

divisions in addition to

these standard conditions.

Unless this permit

has been extended or it has been voided by a newly

issued permit,

this

permit

will expire two years after date of issuance unless construction or development on

this project has started on or prior to that date.

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.

There shall

no deviations from the approved plans and specifications unless

a written

request for modification of the project,

along with plans and specifications as required, shall

have been submitted to the Agency

and

a supplemental written permit issued.

The permittee shall allow any agent duly

authorized by the Agency upon the presentation of

credentials:

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

this

permit.

have access

and

copy at reasonable times

any records required to

be keptimderthe

terms

and

conditions

of this permit.

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.

obtain and remove at reasonable times

samples of any discharge or emission of

pollutants.

enter at reasonable

times

and

utilize

any photo~-athic,recording, testing,

monitoring

or other equipment for the purpose ofpreserving, testing,

monitoring,

or recording any

activity,

discharge, or emission authorized

this

permit.

The issuance of this

permit:

shall not be considered

in any manner affecting the title of the premises upon which

the permitted facilities are

to be

located;

does not release the permittee

from any liability for damage to

person or property

caused

by or resulting from the construction,

maintenance, or operation of the proposed

facilities;

does not release the permittee from compliance with other applicable statutes and

regulations of the United States, of the State ofillinois, or with applicable local

laws,

ordinances and

regulations;

does not take into

consideration or attest

to the structural stability of any units or parts

of the project;

no manner implies or suggests that the Agency (or its

officers,

agents or employees)

assumes any

liability, directly or indirectly, for any loss due to

damage,

installation,

maintenance, or operation ofthe proposed equipment or~kcility.

Unless a joint constuctionloperation permit has been issued,

a permit for operating shall

obtained from

the Agency before the facility or equipment covered by this

permit

is placed

into operation.

These standard

conditions shall prevail

unless modified by special conditions.

The Agency may

file a compliant

with the Board

for modification,

suspension or revocation

of a permit:

upon discovery that

the permit application contained misrepresentations,

misinformation or false statements ~orthat all

relevant facts were not

disclosed; or

upon

finding that any

standard or special

conditions

have been violated;

upon any

violation of the Environmental Protection

Act or any Rule or Regulation

effective thereunder as a result of the construction or development authorized by

this

perrrit.

TA:bjh\983 I IS.WPD

EXHIBIT D

Attachment

2010355020 --Winnebago

County

St.

Francis

Pet Crematory

Permit No.

l999-125-DE

Log No.

1999-125

Permit File

Legal Description of Site:

Part of the Southeast Quarter (1/4) of Section

3, Township

North, Range

East of the Third

Principal Meridian, described as follows:

Beginning

at a point in

the

South

line of said Section

1331.2

feet West of the Southeast corner thereof;

thence West along said South

line

330

feet;

thence North 0 degrees

05’

East 660

feet;

thence East parallel with

the South

line

of said Section

330 feet;

thence South

degrees 05’ East 660

feet to the

place of beginning;

situated in the

County of Winnebago and State of fllinois;

commonly bown

3255 Gleasman Road,

Rockton, fllinois

61072.

JLM:BGA:bjh’99252S.WPD