BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD RECEIVED

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

RECEIVED

CLERK’S OFFICE

ESG WATTS, INC.,

)

AUG 232005

Petitioner,

STATE OF ILLINOIS

vs.

)

PCB No. 06-06 Pollution Control Board

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

NOTICE OF FILING

TO: Division of Legal Counsel

Dorothy M. Gunn, Clerk

Illinois EPA

Pollution Control Board

1021 North Grand Avenue East

James R. Thompson Center

POBox 19276

100 N. Randolph, 11-500

Springfield, IL 62794-9276

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: MOTION TO FILE AMENDED PETITION FOR

HEARING INSTANTER and PETITION FOR HEARING.

Dated:August 26, 2005

Respectfully submitted by.

Larry~.

Woodward, Attorn y for Petitioner

BEFORE THE

RECEIVED

ILLINOIS POLLUTION CONTROL BOARD

CLERK’S OFFICE

ESG WATTS, INC.,

AUG 292005

Petitioner,

)

Pollution

STATE OF

Control

ILLINOIs

Board

vs.

)

PCBNo. 06-06

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

Motion to File Amended Petition for Hearing Instanter

NOW COMES Petitioner, ESG WATTS, INC., acting by and through its

Corporate Counsel Larry A. Woodward, and moves the Board for Leave to File its

Amended Petition for Hearing instanter pursuant to 35 IllAdmCode §101.514 and for its

cause states as follows:

That the Board’s order required ESG to definitively state when it was

served with the Agency’s decision.

That upon investigation counsel could not determine the exact date of

service and, therefore, on August 8, 2005 requested pursuant to the Freedom of

Information Act a copy of the return receipt delivered to the Agency.

Counsel received the Agency’s response late on August 18, 2005, and

was away from work on August 19, 2005.

This inability to state definitely the date upon which ESG received service

of the Agency’s decision delayed the submittal of the Amended Petition for Hearing.

This motion is not made for the purpose of delay and is submitted in the

interests of justice and a full hearing of the legitimate concerns of ESG with the

Agency’s decision.

WHEREFORE, ESG Watts, Inc. prays that the Board grant it leave to file its

Amended Petition for Hearing instanter.

Respectfully submitted hv,

Lar

. Woodward, Attor ey for Petitioner

BEFORE THE

RECEIVED

ILLINOIS POLLUTION CONTROL BOARD

CLERK’S OFFICE

ESG WATTS, INC.,

)

AUG 292005

(Taylor Ridge/Andalusia Landfill)

)

STATE OF ILLINOIS

an Iowa Corporation,

)

Pollution Control Board

Petitioner,

vs.

)

PCB No.06-06

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

)

AMENDED 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:

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.

That by letter dated May 26, 2005 (and received on May 31, 2005, by

ESG as shown by Exhibit A hereto) 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 lIIAdmCode §811.104.

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.

In addition and more specifically, the denial in part is improper, arbitrary,

capricious, and unlawful for the following reasons:

the denial of the groundwater monitoring plan is based upon the EPA’s

adherence to an arbitrary requirement for monitor well spacing that has no

bearing to the conditions present at the ESG Landfill and is not based

upon or supported by any scientific fact;

the denial of the proposed closure schedule and then requiring the

relocation of waste to be completed by September 15, 2005 constitutes an

impossible condition not supported by fact and incapable of being met with

any allocation of resources available;

Paragraph 7 of Section D Waste Relocation is ambiguous and fails to

provide the necessary guidance as to when ESG is obligated to have final

cover in place and is, therefore, void for vagueness; and

the refusal to address the application for significant modification permit is

not in accordance with 35 III Adm Code §811.110(d) (1) and

(©)

in that

ESG’s application contained the information required by 35 III Adm Code

§812.114 and in that 35 Ill Adm Code §811.1 10(d)(2) expressly states that

a modification of a closure permit constitutes a significant modification for

purposes of 35 Ill Adm Code 813 Subpart B.

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 by,

Larry A. Woodward, Attorney for Petitioner

525 17th Street

Rock Island, IL 61201

309-788-7700

CERTIFICATE OF SERVICE

or before 6:00 p.m.,

MOTION TO FILE

FOR HEARING by

Division of Legal Counsel

Illinois EPA

1021 North Grand Avenue, East

Springfield, IL 62794-9276

and by depositing same in the United states

of August, 2005, with postage fully prepaid a

Gunn.

Dorothy Gunn, Clerk

Pollution Control Board

State of Illinois Center

Suite 11-500

100 West Randolph

Chicago, IL 60601

mail in Rock island, Illinois on the 26th day

long with ten copies thereof to said Dorothy

L rnjF’Woodward, Attorne for Petitioner

I hereby certify that I did on the 26th day of August, 2005, on

serve the following instruments entitled NOTICE OF FILING,

AMENDED PETITION INSTANTER and AMENDED PETITION

placing same in a sealed envelope addressed as follows:

c),5

SITE NO.

SITE NAME

CATEGORY

U.S. Postal ServiceTM

CERTIFIED

MAILYM

RECEIPT

(Domes

tic Mail Only; No Insurance

Coverage Provided)

For

delivery information visit our

webelte at wWw.uspe.com~

ESG Watts, Inc.

Atm: Mr. Thomas Jones

8400

77th Street West

Taylor Ridge, Illinois

61284

j~—ot

RELErr’.~

B!.

JUN 1 c

Lic’ncetni — (AJ11J~iJ~D

La~.-4-C~~o

P Complete items 1,

2, and

3. Also complete

item 4 it Restricted Delivery is desired.

• Print your name and address on the reverse

so that we can return the card to you.

• Attach this card to the back of the rnailpiece,

or on the front if space permits.

1. Article Addressed to:

—

q 59

ESG Watts, Inc.

Attn: Mr. Thomas Jones

8400 77th Street West

Taylor Ridge, Illinois 6~284

h1.huhhifIjfatt~1r*htr.1~1~hhl4!tr~

A. Sign~t’~re

ent

0 Addressee

ved~y(Printed

Name)

C. Date ol olive

D. is delivery address d,fferent from eem 1? 0

Yes

if YES, enter delivery address below:

0 No

?~t2(AOS

3. Service Type

~JZ(

Certified Mail

0 Express Mall

0 Registered

~~eturn ReceIpt for Merchandise

U Insured Mail

U Coo.

Restricted Delivery?

(Extra Fee)

U Yes

2.Axtic~’e - -

?OQEI

0000

1E53 uaia

cc,

‘ii

1’~-

Street,

Apt..

P0 Ccx

Cry,

State,

for Instructions

PS Form 3811, February 2004

Domestic Return Receipt

I02595-02’M’ I 540

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021

NURrH GRAND AVENUE EAST,

P.O. Box 19276,

SPRINGFIELD, Ii I.INOIS 62794-9276, 217-782-3397

JAMES R. TFIoMpsot’q CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGo, iL 60601, 312-814-6026

Ron R. BLAGOJEVICH, GOVERNOR

RENEE CIPRIANO, DIRECTOR

217/524-3300

Certified Mail

May 26, 2005                     

7O~i?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 of an existing solid waste landfill all in accordance with the application

and plans prepared by Bryan C. Jolmsrud, P.E., formerly of Andrews Environmental

Engineering, Inc. and Sean C. Chisek, P.E., of Andrews 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 of this permit and are

identified on the records ofthe Illinois Environmental Protection Agency (“Illinois EPA”),

Bureau of Land by the permit number(s) and log number designated in the heading above.

The application approved by Supplemental Permit No. 2001-459-SP consists ofthe 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

May2, 2002

Waiver

June 17, 2002

June 18, 2002

RDCKD,xo —

4302 North

Main Street,

Rockford, IL 61103 —(8151 987-7760

•

Dts PLANES —9511 W.

Harrison St., Des Plaines, IL 60016 —

(847) 294-4000

—

595 South State,

Elgin,

60123 —(047) 608-3131

•

PEORIA

—

5415 N. University St., Peoria,

61 614

—

(309) 693-5463

I3I;RFAC ‘IF

LAND - PFOFIA —

7620

N. University

St., Peoria, IL 61614 —(309) 693-5462

•

CHAMPAIGN

—

2125 South First

Street,

Champaign,

61820 —(2171 278-5800

SpRI,’aFIIto

—

4501) 5. Sixth Sired Rd.,

Springfield,

IL 62706

—

(217) 786-6892

•

COLLINSVILI

—

2009 Mail Street, Collinsville, IL 62234— (618) 146-5120

MARION

—

20)9W. Main St., Suite 116,

Marion,

IL 62959

— (fit

81 993-7200

PRIMED ON RECYCLED PAPER

Page 2

Additional

\Vaivcr

Waiver

Additional

Waiver

Additional

Waiver

Additional

Waiver

Information

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

May 12, 2004

June 11, 2004

July 30, 2004

August 26, 2002

August 28, 2002

November 1, 2002

November 22, 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

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

Additional Information

April 15, 2005

Waiver

May 12, 2005

May 16, 2005

Supplemental Permit No. 2001-459-SP approves the following:

Revised closure and post-closure care plan to incorporate the waste re-location plan;

Revised surface water management plan;

Construction Quality Assurance plan; and

Expansion ofthe facility boundaries by 14.593 acres to accommodate the surface water

retention pond.

Supplemental Permit No. 200l-459-SP does not approve the following:

The proposed groundwater monitoring plan;

The proposed closure and post-closure care cost estimates, concerning groundwater

monitoring;

The proposal to delay by two additional years the submittal of corrective action plan

required by Condition No. 24 of Attachment A to Supplemental Permit No. 2001-132-SP.

(The above referenced corrective action plan was required to be submitted to the Illinois

EPA in the form of supplemental permit application by July 15, 2002.) or

The proposed closure schedule.

You have failed to provide proof that approving the above mentioned proposals would not result

in violations of the Illinois Environmental Protection Act (Act) and the referenced sections of35

Illinois Administrative Code (hereafter “35 III. Adm. Code”). Sectiu 39(a) of the 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

Pursuant to 35 Ill. Adm. Code 807.622(d)(2), the post-closure care cost estimate must, at

a minimum represent the number of monitoring 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.

Pursuant to 35 Ill. Adm. Code 807.502, the operator of a waste management site shall

close in a manner 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 envirom~ent.The proposal to

delay two additional 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.

Pursuant to 35 Ill. Adm. Code 807.502, the operator of a waste management site shall

close in a manner which minimizes the need for ftirther 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

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.

Pursuant to 35 Ill. Adm. Code 807.502, the operator of a waste management site shall

close in a manner 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) of the Act and 35 Ill. Adm. Code 807.2 10, 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 of an existing municipal solid waste landfill (MSWLF)that accepted

waste after September 18, 1997, ESO Watts, Inc. is responsible for providing 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 of 35 III. Adm. Code Part 807 and Part 258 of the Code of Federal Regulations

(CFR), pursuant to 35 Ill. Adm. Code 814.107(a), 814.101(b) and Section 814, Appendix A as

well as against the applicable requirements of 35 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 of 35 Ill. Adm. Code Parts

811 and 812. This supplemental permit does not constitute a partial approval of the significant

modification required by 35111. Adm. Code 811.104.

MONITORING

Groundwater monitoring shall be conducted in accordance with Attachments A and B to

Supplemental Permit No. 2001-132-SP and is subject to the conditions therein.

The Illinois EPA reserves the right to require the installation and monitoring of a

groundwater monitoring system, to require analyses for certain parameters and to alter

parameters as necessary to fulfill the intent and purpose ofthe Act.

During the post-closure care period, water quality records shall be maintained at the office

ofthe site operator and shall be reviewed quarterly. A water quality report shall be

submitted quarterly. If the owner/operator or the 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 of Land for approval.

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. Z0(11-132-SP.

CLOSURE AND POST-CLOSURE CARE

Upon co~ ~1etionof closure 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 of Completion of Closure ofNon-Hazardous Waste Facilities.”

Financial assurance shall be maintained by the operator in accordance with 35.IlLAdm.

Code, Subtitle G, Part 807, Subpart F. Supplemental Permit No. 2001-132-SP, issued

August 2, 2001 approved total cost estimate of $2,031,549.00 for closure and post-c”sure

Page 6

care of the landfill. Biennial revision to the cost estimates submitted in application Log No.

2001-459 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 of an application for

supplemental permit.

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.

Existing final cover shall be tested and verified in accordance with the CQA Plan approved

in Supplemental Permit No. 200 l-459-SP. Testing and verification of the final cover shall

be completed prior to the submittal of cost estimates required by Condition No. B.2 of this

supplemental permit. In the event areas not meeting the final cover requirements of the

CQA plan are identified, the operator shall make appropriate revisions to the cost estimates

required by Condition B.2 of this supplemental permit.

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 of stabilizing material is to

be provided to hold seed in place and conserve moisture.

This site is subject to a minimum post-closure care period of 30 years. The post-closure

care period has not begun.

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

vector problems

leachate popouts or seeps

Inspections of the closed landfill shall be conducted quarterly. Records of field

investigations, inspections, sampling and corrective action taken are to be maintained atThe

site and made -ailable to Illinois EPA personnel. During the post-closure care period,

these records are to be maintained at the c Ifice of the site operator.

Page 7

When the post-closure care period has been completed, the operator shall notify the Illinois

EPA utilizing the Illinois EPA’s “Affidavit for Certification of Completion of Post-Closure

Care for Non-Hazardous Waste Facilities.”

LANDFILL GAS MANAGEMENT/MONITORING

Landfill gas shall be monitored at probes both inside and outside the waste boundary for

the following parameters:

Methane;

Pressure;

c.d.

NitrogenOxygen;

andt

Carbon Dioxide

tNote: For routine monitoring, Nitrogen may be reported as net remaining volume

fraction after the other measured constituents have been accounted for.

Ambient air monitoring devices described in Application Log No. 200 1-459 shall be used

to test air downwind ofthe landfill for methane.

All buildings within the facility boundaries shall be monitored continuously for methane.

As proposed in Application Log No. 2001-459, until the landfill gas management is

system is fully operational sampling and testing of gas monitoring probes andambieuvair

monitoring shall be performed at least monthly. After the waste re-location activitie&have

been completed and the landfill gas management system is fully operational the

monitoring frequency may be reduced to yearly.

In the event ofany of the 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 of the occurrence:

A methane concentration greater than 50 percent ofthe lower explosive limit

(LEL) in air is detected in any of the below ground monitoring devices outside the

waste boundary;

A methane concentiation greater than 50 percent ofthe LEL in air is detected

during ambient air monitoring;

Page 8

A methane concentration greater than 25 percent of the LEL in air is detected in

any building on or near the facility;

Malodors attributed to the unit are detected beyond the facility boundary; or

Stressed vegetation in areas greater than 100 square feet on the final cover due to

landfill gas migration.

This permit does not relieve the Permittee of the responsibility of complying with the

provisions of the State of Illinois Rules and Regulations, 35 Ill. Adm. Code Subtitle B,

Air Pollution Control, Chapter 1. The Illinois EPA’s Bureau of Air (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.

WASTE RELOCATION

The

waste relocation shall be carried out in accordance with the Waste Relocation Plan

proposed in application Log No. 2001-459 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.

Relocation of waste (including application ofat least 1-foot ofclean soil over all

disturbed areas) shall be completed by September 15, 2005.

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 of the operator, any employee ofthe operator, or

any other corporation company or legal entity that is a subsidiary, affiliate, parent

corporation or holding corporation associated with the operator.

The CQA officer(s) shall be personally present during all the waste relocation activities.

If the CQA officer(s) is unable to be present, the CQA officer shall provide in writing,

reasons for his absence, a designation ofa person who 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 of the CQA officer.

Upon completion of waste 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 of the facility;

The supplemental permit required by this condition shall be submitted no later than

November 1,2005.

Asbestos debris encountered during waste relocation activities shall be managed in

accordance with the National Emission Standards for Hazardous Air Pollutants

(NESHAPS) regulations.

All the areas affected by waste relocation activities shall receive a final cover that meets

the requirements of 35 Ill. Adm. Code 811.314 and the construction quality assurance

provided in application Log No. 200 1-459. The low permeability layer shall consist of 3-

feet thick compacted earth layer with permeability no more than 1 x 1 0~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 of soil material capable of

supporting vegetation.

The active areas shall consist of no more than two working faces at one time; one in the

area where waste is being excavated (excavation face) and the other in the area where

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 relocation has been completed.

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

Clean soil at least six (6) inches thick (i.e., conventional daily cover)

Polyethylene geomembranes;

Polypropylene geomembranes;

Woven and non-woven geotextiles; or

Tarps.

11.

The materials listed in C. 10(b) through (e) are approved as alternate material for daily

cover. Use of these materials are subject to the following conditions:

Areas upon which alternate daily cover material has been used must be covered with

either conventional daily cover or additional waste within six days;

Conventional daily cover shall be used if weather or other conditions adversely affect

the ability of the alternate cover materials to prevent problems with blowing litter,

fire, odors, or vectors;

All the alternate daily covers shall be anchored adequately to prevent wind damage.

If the alternate daily cover is torn during or after placement they must be repaired

immediately or the 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 of the

active areas to divert stormwater around the work area. Stormwaterthat 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:

refuse in standing or flowing waters;

leachate flows entering the waters of the state;

leachate flows exiting the landfill confines

Page 11

uncovered refuse at the conclusion of any operating day; and

failure to collect and contain litter at the end of each operating day.

16.

The operator shall implement methods for controlling dust so as to prevent wind dispersal

of particulate matter off-site.

17.

The waste disposal operations shall be conducted so as to minimize the level of

equipment noise audible outside the facility.

OTHER CONDITIONS

Any modification to the facility shall be the subject of an application for supplemental

permit for site modification submitted to the Illinois EPA.

Current, valid Prior Conduct Certification pursuant to 35 Ill. Adm. Code Part

745

required for all operators of landfills that require a permit.

Site surface drainage shall be managed in accordance with the approved drainage control

plan detailed in application Log No. 200 1-459.

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.

The permittee shall obtain a Section 404 Water Quality Certification as necessary from

the Illinois EPA’s Bureau of Water.

The original and two (2) copies of all 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 of Land-- #33

1021 North Grand Avenue East

Post Office Box 19276

Springfield, Illinois 62794-9276

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 of the date of mailing ofthe 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-day period for petitioning for a hearing may be 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 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 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 39(i) of the 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 of our review ofthis permit

application. The information provided in the permit application did not address our concerns in

that:

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

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 of repeated

violations of state 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 of refuse disposal facilities or

sites’ as described in Section 390)0) of the 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 of repeated (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

of the facility, in the exercise of the discretion afforded to the Illinois EPA pursuant to Section

390) of the Act, the Illinois EPA is electing not to deny this application Log No. 200 1-459 on the

basis ofSection 39(i) at this time.

Sincer_—

Joyce L. Munie,/P.E.

Manager, Permit Section

Bureau of Land

JLM:IMS/mls/05225 1 s.doc

Attachment:

Standard Conditions

cc: Sean C. Chisek, P.E., Andrews Environmental Engineering, Inc.

SIANDARI) (‘ONI)ITIONS FOR (‘ON~flR1(‘llON/DFVFlOPMFNl

pl:RMFH

ISSIJI1) NY H-Il: ILliNOIS ENVIRONMENTAL

PROTECTION

AK ;l-:N(’,

NI ~RLA( J 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 of Land. Special conditions may

also be imposed 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 he tonein

conipliance 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 be no deviations from the approved plans and specifications unless awritten

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:

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.

to have access to and copy at reasonable times any records required to he kept under the

terms and conditions of this permit.

to inspect at reasonable times, ncludi ng during any hours of operation of equipment

constructed or operated under this ennit. such equipment or monitoring methodology

or equipment recjuired to he kept. used. operated. calibrated and maintained under this

peinnt.

to obtain and ieiiiove at reasonable times -;amples or any clisehuige

eiiiission of

pollutants.

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

Petitioner,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

PCB No. 06-06

(Permit Appeal)

)

PROOF OF SERVICE

The undersigned hereby certifies that a copy of the

placing same in a sealed envelope addressed to:

Division of Legal Counsel

Illinois EPA

1021 North Grand Avenue East

POBox 19276

Springfield, IL 62794-9276

attached documents was served by

Dorothy M Gunn, Clerk

Pollution Control Board

James R. Thompson Center

100 N

Randolph, 11-500

Chicago, IL 60601

and by depositing same in the United States mail in Rock Island, Illinois, on the 26th day

of August, 2005, with postage fully prepaid.

ESG WATTS, INC.