1. BEFORE THE POLLUTION CONTROL BOARDOF THE STATE OF ILLINOIS
      2. BEFORE THE POLLUTION CONTROL BOARD
    1. CLERICS OFFICE
      1. OF THE STATE OF ILLINOIS
      2. BEFORE THE POLLUTION CONTROL BOARD
      3. MOTION FOR LEAVE TO SUPPLEMENT ADMINISTRATIVE RECORD
      4. BEFORE THE POLLUTION CONTROL BOARDOF THE STATE OF ILLINOIS
      5. S &~tnois 62794-9276
      6. FROM: Bill Ingersoll, DLC
      7. CERTIFICATE OF SERVICE
      8. 1021 North Grand Avenue, EastP.O. Box 19276
ST.
FRANCIS PET CREMATORY
&
KENNELS, INC., an Illinois
Corporation,
V
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago,
IL 60601
Ann
T. Dempsey
Oliver, Close, Worden,
Winkler & Greenwald LLC
124 North Water Street, Suite 300
P.O. Box 4749
Rockford, IL
61110-4749
)
)
)
)
PCB No. 06-13
)
(Permit Appeal)
)
)
NOTICE
Bradley P. Halloran, Hearing Officer
Illinois Pollution Control Board
James R.
Thompson Center
100 West Randolph Street
Suite
11-500
Chicago,
IL 60601
PLEASE TAKE NOTICE that I havetoday filed with the officeof the Clerk ofthe Pollution Control
Board an APPEARANCE, MOTION FOR LEAVE TO SUPPLEMENT ADMIMSTRATWE RECORD,
and
ADMINISTRATIVE RECORD INDEX ANDSUPPLEMENT, copies ofwhiàh
are
herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Resp
e
_____
Jbtncflim
C
Assistant Counsel
Special Assistant Attorney General
Division of Legal
Counsel
1021
North Grand Avenue, East
P.O. Box
19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143
(TDD)
Dated:
September
14, 2005
BEFORE THE
POLLUTION CONTROL BOARD
OF THE
STATE OF ILLINOIS
RECEIVED
CLERK’S OFFICE
SEP~152005
STATE OF IWNOIS
Pollution Control
Board
This filing submitted on recycled paper.
BEFORE THE POLLUTION CONTROL BOARD
)
)
)
)
PCBNo.06-13
)
(Permit Appeal)
)
)
RECEIVED
CLERICS OFFICE
SEP
152005
STATE OF ILLINOIS
Pollution
Control Board
APPEARANCE
The
undersigned,
as
one of
its
attorneys,
hereby enters
his Appearance
on
behalf of the
Respondent, the Illinois Environmental Protection Agency.
Respectfully submitted,
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY,
onn’-J. Kim
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021
North Grand Avenue, East
P.O. Box
19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143
(TDD)
Dated:
September
14, 2005
OF THE STATE
OF ILLINOIS
ST. FRANCIS PET CREMATORY &
KENNELS, INC., an
Illinois Corporation,
v.
Petitioner,
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
Respondent.
Re~
This filing submitted
on recycled paper.
BEFORE THE
POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
SEP1 15
2005
ST. FRANCIS
PET CREMATORY &
)
STATE OF ILLINOIS
KENNELS, INC., an
Illinois Corporation,
)
Pollution Control
Board
Petitioner,
)
v.
)
PCBNo.
06-13
ILLINOIS ENVIRONMENTAL
)
(Permit Appeal)
PROTECTION AGENCY,
)
Respondent.
)
MOTION FOR LEAVE
TO SUPPLEMENT ADMINISTRATIVE RECORD
NOW COMES the Respondent,
the Illinois
Environmental
Protection
Agency
(“Illinois
EPA”), by
one of its
attorneys,
John
J.
Kim,
Assistant
Counsel
and
Special
Assistant
Attorney
General,
and,
pursuant
to
35
Ill.
Adm.
Code
101.508
and
105.212,
hereby
requests
that
the
Illinois Pollution Control Board (“Board”) &ant
leave to
file a supplement to the Administrative
Record filed previously.
In support of this motion, the Illinois EPA states as follows:
1.
On August
31, 2005,
the Illinois EPA mailed for filing the Administrative Record
in this
proceeding.
2.
Through
the course of recent
file review
and
conversations with
counsel
for the
Petitioner, the undersigned
attorney for the Illinois
EPA discovered certain documents that
were
not included
in
the Administrative
Record but
likely
should
have been.
All
the documents
are
already in the possession ofthe Petitioner.
3.
The
inclusion
of
these
documents
should
be
allowed
to
complete
the
Administrative Record before the Board and
to
allow the parties the ability to raise
and
argue
all
relevant
issues.
4.
The omission of these documents was
due
to
an
oversight
in
the Illinois
EPA’s
preparation of the Administrative Record.
There was
no bad
faith associated with the failure
to
include
these documents
with
the Administrative
Record,
and
this
motion
(and
the documents
1
that
would
comprise the Supplement
to
the Administrative
Record)
is
being
filed immediately
after the discovery and preparation ofthe otherwise excluded documents.
5.
This
motion
does not
in
any way affect
the pending motion
for protective
order
now
being
considered by
the Hearing
Officer or the
Board.
That motion,
and
the
arguments
therein, should be considered on its
own merits.
WHEREFORE,
for the reasons stated herein, the
Illinois
EPA respectfully requests
that
the Board
grant leave to
file a supplement to
the Administrative
Record.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
Jo~’
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021
North Grand Avenue, East
P.O. Box
19276
Springfield, Illinois
62794-9276
217/782-5544
217/782-9143
(TDD)
Dated:
September 14, 2005
This
filing
submitted on
recycled paper.
2
BEFORE THE
POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
ST.
FRANCIS PET
CREMATORY &
)
KENNELS,
INC.,
an
Illinois Corporation,
Petitioner,
v.
)
PCB No.
06-13
ILLINOIS ENVIRONMENTAL
)
(Permit Appeal)
PROTECTION AGENCY,
)
Respondent.
)
ADMINISTRATIVE
RECORD INDEX AND SUPPLEMENT
NOW
COMES the Respondent,
the Illinois
Environmental Protection
Agency
(“Illinois
EPA”), by
one of its
attorneys, John
J.
Kim,
Assistant
Counsel
and
Special
Assistant
Attorney
General, and hereby files this
Index and
Supplement of the Administrative Record of the Illinois
EPA’s
decision
in
this
matter.
An
original
and
requisite number
of copies of this
Index
and
Supplement
are herewith
filed
with
the
Illinois Pollution
Control
Board,
the assigned
Hearing
Officer,
and the Petitioner.
Index of Administrative Record and Supplement
Document description
Page #(s)
Illinois EPA final
decision denying permit modification
dated 7/1/05
1-3
Reviewer notes of B. Albarracin (undated)
4-8
Correspondence/Supplement to permit application from
Ann
Dempsey to
Beverly_Albarracin_dated_6/2/05
957
included
in above
Certification of Siting Approval
(LPC PA8 form)
18
Included
in above
Illinois EPA final decision approving an operating permit
dated
12/6/99
119
27
1
-
flhinois EPA tracking sheet
58
Permit application for modification of
permit
submitted by Petitioner received
by_Illinois_EPA_1/3/05
59-193
Included
in above
Joint Construction and Operating Permit issued by Illinois
EPA_to_Petitioner_dated_11/20/98
104-106
Supplement_to_Administrative_Record
Document description
Page #(s)
Illinois EPA final
decision granting development permit to Petitioner
dated_6/11/99
194-202
Illinois EPA tracking
sheet
203
Correspondence from
Ann Dempsey to Beverly Albarracin dated
7/22/02
204
1
description
Page #(s)
supplemental permit to Petitioner
dated_10/28/02
205
212
to Beverly Albarracin dated
11/8/02
213
(Illinois EPA) to
Ann
Dempsey
214
to Beverly Albarracin dated 3/8/03
215-220
Ann
Dempsey to Beverly Albarracin
1/30/03
‘118
220
1
-
to Ann Dempsey dated 6/23/03
22 1-222
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand Avenue, East
P.O. Box
19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143
(TDD)
Dated:
September
14, 2005
2
-.
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND AVENUE
EAST,
P.O. Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276
THOMAS
V.
SKINNER,
DIRECTOR
217/524-3300
CERTIFIED MAIL
June
11,
1999
P 344 301 935
•
P 344 301 936
OWNER:
OPERATOR:
Thomas G.
Carroll
Thomas 0.
Carroll
700 Nicholas Boulevard
-
St. Francis Pet Crematory &
Kennels, Inc.
Suite
200
3255
Gleasmaxi Road
Elk Grove Village, Illinois
60007
Rockton, Illinois
61072
Re:
2010355020—
Winnebago County
St.
Francis Pet Crematory
Permit No. 1999-125-DE
LogNo.
1999-125
Permit File
Gentlemen:
-
Permit
is hereby granted to
St. Francis Pet Crematory & Kennels,
Inc. to develop a solid waste
management site to store, transfer, and incinerate animal carcasses, in accordance withthe
application ofMarch 31,
1999, received by the Illinois Environmental Protection
Agency (Illinois
EPA)
on April
1,
1999 consisting ofthe property 4escribed in Attachment A,
all in accordance
with
the application
and plans prepared by Quentin H. Davis, P.E. Theportion ofthe application
to develop a facility to treat potentially infectious
medical waste (P1MW)
has
been
withdrawn,
as
requested in your letter dated May
19,
1999.
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, Division of Land
Pollution Control by the permit number(s)
and
log number(s) designated
in the heading above.
N
The permit is issued subject to the standard conditions attached hereto and incorporated herein by
reference, and ffirther subject to the following special conditions.
In case ofconflict between the
application and plans submitted and
these special conditions, the special conditions ofthis permit
shall
govern:
I.
This permit
is for development only.
No
waste
may be received at the site
until
such time as
an
Operating Permit is issued by the Illinois
EPA Bureau of
Land.
4-.
b’
-a~
~
-:
~
DEC
22
2000
REVIEWER
MD
194
1’
Page 2
(1
2.
The Applicant must noti~’the Agency in writing that the developmentof the site has been
completed in accordance with the development permit before a pre-operation site inspection
can be conducted
or an Operating Permit issued.
All
construction test results and reports
shall be
submitted with the application for Operating Permit.
3.
This permit allows
St. Francis Pet Crematory &
Kennels, Inc. to
develop a storage, transfer
and
incineration facility for solid wastes or special wastes consisting only ofanimal
carcasses.
No garbage, other solid wastes, potentially infectious
wastes, or RCRA ha2ardous
wastes can be accepted at
this
facility.
-
4.
The Permittee
is
authorized
to
construct the following
units,
all
in
accordance with the
approved application:
-
a.
Two (2) walk-in freezers, each 27t
x
27’
x
10’, to be used to store animal carcasses prior
-
to processing in the cremation chambers;
b.
Two (2) exterior stationary refrigerated trailers, each 6’ x
40’ x
10’,to
provide extra
temporary storage of
animal
carcasses;
c.
Two (2) combustion chambers, Model
G-50-P, each
with
a permitted capacity of 4000
pounds per batch,
two
batches per day;
d.
One (I) combustion chamber,
Model
G-20-P, with a permitted capacity of 1500
pounth
per batch, two batches per day;
e.
One (1) gas-powered generator area, as described
in the permit application;
and
f
Ash storage area, approximately 30’ x
30’, to
store containers of ash until removed for
proper disposal.
-
5.
The facility may operate from 6:00 a.m.
to 6:00 p.m. Monday through Saturday.
6.
Adequate lighting shall be provided when the facility is operated outside of daylight hours.
7.
The facility must operate in accordance
v,ith
the procedqres in the approved application.
8.
The Permittee must provide
adequate employee training to operate all equipment before
employees
are left unsupervised.
9.
After obtaining
an Operating Permit, the Perniittee may accept waste at the facility during
periods of curtailed facility operations under the following conditions:
195
Page
3
a.
During the first 14 days of curtailed operations, waste may be accepted normally;
b.
After
14 days:
i.
If one or more of the incinerators
are in service, no more than one-halfthe amount
-
of the permitted capacity identified
in Condition
#4 above for the operating
incinerator(s) may be accepted unless the excess
amount can
be processed or stored
on site;
ii.
If all-three incinerators are out of service, no waste may be accepted untit at least
•
one incinerator is placed back in
service.
c.
Notwithstanding the above, the Permittee may accept waste for additional
periods
during extended curtailed facility operations caused by unusual
circumstances only as
approved in writing
by the Illinois EPA.
10.
A copy ofall
records and reports required
by this permit shall be maintained
in the
facility’s
operating record.
The operating record shall
be made available to the fllinois 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.
11.
The following information
shall
be included in the operating
record and recorded daily:
a.
the amount of waste
received;
-
b.
the amount ofwaste
rejected;
c.
the amount of bottom and fly ash removed; and
d-
name and
address of each receiving facility that accepted the rejected waste and
the ash.
12.
The contingency plan
must be ~ubmittedto all
local emergency response units,
including
the
police department, fire department, ambulance service, and hospital, within
30 days of the
date of issuance ofthis
permit.
13.
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.
14.
The Permittee shall notify the Illinois EPA ofany changes
from
the information submitted to
the
Illinois EPA in its application
for
a Development permit for this
site.
The Permittee
shall notify the
Illinois
EPA of any changes in the names or addresses of both beneficial
and
legal
titleholders
to
the herein-permitted site.
Such notification
shall
be
made in writing
within
fifteen
(15) days ofsuch change and shall include the name or names of any
parties in
interest and the address of their place of abode; or, if a corporation,
the name and address of
196
-
Page 4
its
registered agent.
Any
modification to the facility shall be
the subject ofan
application for
a supplemental permit for
this
facility.
15.
This permit is issued withthe exp~essedunderstanding that no process discharge to Waters of
the State or to a sanitary sewer will occur from this facility, except
as authorized by a permit
from the Bureau of Water (BOW).
16.
The incinerator ash from waste incineration shall be disposed ofonly in a properly permitted
landfill.
-
17.
Fire safety equipment, including
fire
extinguishers, shall be maintained in accordance
with
recommended practice.
18.
A vector control specialist shall inspect the facility at least quarterly.
Ifnecessary, vector
control measures shall be
taken.
The results ofthese inspections shall be maintained as
part
of the facility operating record and shall be made available
to the Illinois
EPA upon written
or verbal request
19.
The facility shall perform routine housekeeping.
Routine housekeeping measures at a
minimum
shall
include:
a.
Inspection and maintenance of the equipment in
accordance with the manufacturer’s
recommendations;
b.
Periodic sweeping and cleaning of
unloading area, incinerator Loading area, generator
area and ash storage area;
c.
Daily
janitorial cleaning ofadministraiive
offices,
sanitaryand
employee facilities;
d.
Daily cleaning of
any
area as needed with mop
and
pail using
bleach or iodine solution;
e.
Daily inspection and cleanup of yard area from spillage, litter,
and
other foreign
materials;
I
Weekly cleaning
and
inspection of
maintenance
areas for orderliness
and safety
compliance with
industrial
standards;
g.
Weekly
fire and safety inspections.
The time and date of each inspection shall be maintained in the operating
record.
1 97
Page
5
20.
The facility shall be maintained
and
operated to
prevent nuisance odors
and
liner outside the
building.
Any
litter present outside of the building shall be collected daily.
21.
Any
modification to the facility shall be the subject of an application for supplemental permit
for site modification submitted to the Illinois EPA.
22.
The Permittee shall notify the Illinois EPA’s
Bureau of
Land
in writing ofits
intent to close
-
at least 45 days prior to the date closure is expected to begin.
Along with
this
notification,
the Permittee shall submit the procedure and sampling
and
analysis plan to
be used in
demonstrating the area
hasbeen properlydecbntaminated.
This
plan shall be
approved by
the Illinois EPA’s Bureau of Land in
writing
prior to being implemented.
23.
The operator shall notify the Illinois EPA within 30 days after receiving the final volume
of
waste.
24.
The operator shall initiate
implementation of the closure plan within 30 days after the site
receives its
final volume ofwaste.
25.
The operator shall not
file any application
to modify the closure plan less than
180 days prior
to
receipt ofthe final volume
of
waste.
26.
Upon completion ofclosure 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 ofCompletion of Closure ofNon-Ha.zardous Waste Facilities.”
27.
This
permit is subject
to review
and
modification by the Illinois EPA as deemed necessary to
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
PLanningand Reporting
Section
Division ofLand Pollution Control
—
#24
1021
North
Grand Avenue East
Post Office Box
19276
Springfield, Illinois
62794-9276
198
Page
6
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 of these laws must be performed in compliance
with them.
The Illinois EPA may refer any discovered violation ofthese laws to
the appropriate regulating
authority.
-
Within
35 days after the date of
mailing of the Illinois EPA’s final decision, the applicant may
petition for a
h~aringbefore the Illinois Pollution ControlBoard to contest the decision ofthe
Illinois EPA, however, the 35-day period for petitioning
for a
hearing may be extended for a
period oftime not to exceed 90 days by written notice provided to the Board from the applicant
and the IllinoisEPAwithin the 35-day initial appeal period.
~cere1y,
Joyce
L.
Munie~ .E.
Manager,
Fermi1 Section
Bureau ofLand
JLM:B-A\mls\9921
325.WPD
cc:
Quentin H.
Davis, P.E.
Ann Dempsey
Attachment
bce:
Bureau
File
Rockford
Region
Joyce
Munie
Bev Albarracin
199
STANDARD CONDITIONS FOR CONSTRUCTION/DEVELOPMENT PERMITS
ISSUED
BY THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
July
1,
1979
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 DivisionofWater Pollution Control, Air
Pollution
Confrol, Public Water Supplies,
and Lthd
andNoise Pollution Control. Special
-
conditions may also be imposed by the separate
divisions in addition to these
standard conditions.
1.
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.
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
permnittee
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.
b.
to have access to
and copy at reasonable times
any records required to
be kept under the
terms
and conditions
ofthis permit.
-
c.
to
inspect
at reasonable times, including
during
any
hours ofoperation of equipment
constructed or operated under
this
permit,
such equipment or monitoring methodolo2y
•
or equipment required to be kept, used,
operated,
calibrated and maintained tinder
this
permit.
d.
to
obtain
and remove at reasonable times samples ofany discharge or emission of
pollutants.
•
-
200
e.
to enter at reasonable times an~
utilize any photographic, recording, t~sting’,monitoring
or other equipment for the
purpose of preserving, testing, monitoring, or recording any
activity,
discharge, or emission authorized
by this
permit.
5.
The issuance of
this permit:
a.
shall not be
considered as in
any manner affecting the title of thepremises upon which
the permitted facilities are to
be located;
b.
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;
-
c.
does not release the permittee from compliance with other applicable statutes and
regulations ofthe United States, ofthe State
of Illinois, or with
applicable local laws,
ordinances and regulations;
-
d.
does not
take into consideration or attest to the structural stability ofany units or parts
of the project;
e.
in 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 facility.
6.
Unless a joint construction!operation permit has been issued,
a permit for operating shall be
obtained from the Agency before the facility or equipment covered by
this
permit is placed
into operation.
7.
These
standard conditions shall prevail unless modified by special conditions.
8~
The
Agency may file a compliant
with the Board for modification, suspension or revocation
of a permit:
a.
upon discovery that the permit application
contained misrepresentaUons,
misinformation or false
statements
or that
all
relevant facts were
not disclosed;
or
b.
upon finding that any standard or special conditions.have been violated;
or
c.
•
uoon 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
permit.
TA:bjh\9831 IS.\VPD
201
Attachment
A
2010355020--Winnebago
County
-
St. Francis Pet Crematory
Permit No. 1999-125-DE
Log No.
1999-125
Permit File
Legal Descripion
of Site~
-
-
Part ofthe Southeast
Quarter (1/4) of Section 3,
Township 45 North, Range
1 Eastofthe 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
0 degrees
05’
East 660 feet to the place of beginning;
situated in the
County of Winnebago and State ofIllinois;
commonly known as 3255
Gleasman Road, Rockton,
Illinois
61072.
BA\mls\9921325.WPD
202
STATE PERMIT LOG NO.
:
•1999~125
NAME
:
ST FRANCIS
PET CREMATORY
OWNER
THOMAS
G.
CARROLL
-
-
COUNTY
:
WINNEBAGO
STATUS
:
I
SITE NO.
:
2010355020
CITY
:
ROCKTON
PERMIT TYPE
:
DE
SR
:
90
FACILITY TYPE
:
STPR
RP
:
90
RECEIVED
:
99/04/01
FINAL ACTION
:
ISSUED
PSRP
:
79
CLOSURE
PLAN
StJBM’T:
REG.
POLL.
CONTROL:
NOTIFY APC:
CROPA:
-
NOTIFY LQCAL OFFICIALS:Y
-
-
NOTIFY AGRI:
Y
NOTIFY DELEGATED
COUNTY:
NOTIFY PWS:
NOTIFY ENF:
Y
NOTIFY FOS:
Y
NOTIFY
ISGS:
NOTIFY DENR:
Y
REVIEWER
:
EGA
GA-REQ’D
:
NA
GAU-REV
WASTE TYPE
:
NH
MAILED
:
99/06/11
REVIEW TIME
:
71
WAIVER
NOTIFY
IHPA:
Y
FINAN.
ASSUR.
SUBM’T:
SITING APP’D:
Y
NOTIFY
WPC:
NOTIFY CMS:
Y
NOTIFY DOT
:
NOTIFY CONSER.:
Y
PRE-OP MEMO SENT:
COMMENTS:
-
813 COMPLETENESS REVIEW
LOG IN PROCESS
TO GAU REVIEWER
GAU REVIEW
GAU MEMO TO SW
TO SW REVIEWER
SW REVIEW
SW MANAGER REVIEW
JOINT DECISION
COMPLETENESS
LTR SENT
GAU
&
SW
DRAFT
REVIEW
MGR
(5)
:
PERMIT EXPIRATION:
(5)
(7)
(2)
(5)
:(7)
:(2)
(2)
(7)
:(TECH.
MTG.)
807/832
COMPLETENESS REVIEW
i.
OWNER’S SIGNATURE
ii.
OPERATOR’S
SIGNATURE
iii.
P.E.’S
SIGNATURE
iv.
SITING
OBTAINED
V.
CORRECT FORMS UTILIZED
Vi.
COMPLETE
CONTACTED:
ITEMS
DISCUSSED
Y
N
Y
N
Y
N
Y
N
Y
N
WHAT FORMS
MISSING?
Y
N
IF NO SEND LETTER
BY
30TH DAY!
(NOTS)
CALL
NOTS DUE DATE:
99/05/16
COMPLETENESS
:
99/05/16
DUE:
99/06/30
PRP
:
79
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
NA
NA
NOTICE OF TECHNICAL
STATUS
ACTUAL DATE CONTACTED:
203
(St. 9hacckegt
C~e-*~
L5MZt
Porntt~J(e
OLIVER,
Ciosi.,
WORDEN,
WINKLER
&
GREENWALD
LAWYERS
Suite 300 Waterside Center
124 North Water Street
Robertj.
Oliver’
ROCKFORD,
ILUNOIS
61107-3974
Curtis
D.
Wordeif
O(COW,SeI
Karl
E Winkler
Mailing
A&ress
Henry
J.
Close’
Thomas
E. Greenwald~
Post Office Box
4749
~Adn,itted to Pndice
John
Rearden, Jr.’
~
tuinois and Wisconsin
Annt
Dempsey’
ROCKEORD,ILLINOIS
61110-4749
‘Adiritted to Practice
Timothy
A.
Miller’
(515) 968-7591
Fax
(815)
96-7507
in illinois,
New
York
Debra
A. Delia
and
Wisconsin
July 22,
2002
Sent Via
U.S. Mail and
-
-
Facsimile 217-524-3291
Ms. Beverly Albarracin
Illinois Environmental Protection Agency
-
2200 Churchill Rd.
Springfield,
IL 62794-9276
-
RE:
St.
Francis Pet Crematory &
Kennels, Inc.
Site
No.
2010355020
-
Winnebago County
Peçmit No.
1999-125-DE
Dear Ms.
Albarracin:
In confirmation of our July
18,
2002
telephone
conference,
St.
Francis
Pet
Crematory
&
Kennels, Inc. intends to file an Application forModification to the permit issued regarding the above
referenced site.
St.
Francis intends to install
additional
incineration machinery as indicated on the
original
site plan.
Based on our telephone conversation, it is my understanding that the incineration equipment
may be delivered but may not be operational until and unless a modification permit is issued.
Thank
you
for your clarification regardingthis matter.
________________________
Very truly yours,
0
W
~
OLIVER, CLOSE, WORDEN,
wINCL
&GRE
ItrABOL
NRMIT
SECTION
RELEASABLE
cc:
Mr.
Thomas G.
Carroll
AUG
1
0
2002
REVIEWER MD
In Wisconsin
~
C~gnSteet
•
Lake Geneva,
WI
53147
•
fl62) 249-~~
•
Faa
~42)
248-1764
-
204
ILLI\OIS
ENV:RO\’.~E\TAL PROTECTON
ACE\cs
.2:
\.:.,
C~-~
~
~
‘C’
--•~‘~~
,-~\::,
,~.
—-.,‘?,C”’.
-.:
~
~.:i
.O.
C
~.:-
.
C~o~c~
H.
R~\’.C~.~’-.-
R?’~:~
D•~C7~?.
217/524-3300
Certified Mail
October
28, ?002
7001 2510 0002
5277 2421
7001 2510 0002
5277 2438
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
Rockford, Illinois
61101
Re:
2010355020
--
Winnebago
County
-
St.
Francis
Per Crematory
Permit No.
1999.125-DE/OP
Su~pemental Permit No.
2002-232-5?
Log
No.
2002-232
Permit
File
Gentlemen:
Supplemental permit is hereby ranted
to Si
Francis
Pet
Crematory &
Kennels,
Enc.
as
owner
and operator to modi~’
the operation oldie
solid
waste
management
facility to
store. transfer.
and
L~L~lnCraL
animal carcasses, consisting ofthe property described in Attachment A.
in
accordance
.v~th
the applications and plans
prepared and submitted by Quentin
H.
Davis,
P.E., dared July ~0.
2)02, and received
by the Illinois
Environmental
Protection..Agency (UlinoisEPA) on July St.
2002.
Finat plans.
specifications. application
and supporting documents: as submitted
and
-
ap?roved. shall constitute pan ofthis permit
anU are
identified
on the records othe
Illinois
Environmental
Protection Agency. Division of Land Pollution
ontrol by the permit numberi s)
and log
number(s)
designated in the headingabove.
-
The app!icarion approved by this permit consists ofthe
folio’.ving documents:
DOCUMENT
-
DATED
DATE RECEIVED
O.-i~inal
Application
July
30.
2002
July) 2)02
Log
No. 2002-232
S~ecilicallv.
Supptemental Permit
No.
2002-232-SP approves:
1) the ~todification of Special
Condition
No.
2
to
allow the addition oftwo incinerators, one Model
G-20-P
and one
Mode!
C-SO-P
in accordance with the
Plan Sheet
tbund
in
Exhibit
B
ofthis submission:
2)
the
rnodi~icazion
of Special Condition
No.
2
to
change the number ofexterior stationary refriger~:ei
:rac:or trailers
from
eight (5)
to
two (2): 3~the modification or’Speciai Condition
No.
2
to
ad±
eight
(8) exterior mobile refrigerated tractor trailers
for
extra temporary
storage ofcarta.sses:
the ntodification
of
Special
Condition
No.
9
to
add “the amount
of’.v-asre incinerated,
in
d)
o
LflJt
Me reaulrcmenrs ot tue opera
tr~
cec,ord a-c
:tan~ied
)
~‘emodtflca ‘o-’ o~
-
—
—
~:‘
.
—fl.’.
~
—
‘~
—
F.
—
—
——
——
—
•
—
—
—
205
Page
2
Attachment A to
reflect a change
oladdress from
3255
Oleastnan
3255
Gleasman Road, Rockford.
Illinois,
Road, Rocktort,
Illinois
to
Condition in
Supplemental
Permit No.
1999-406-SP
Condition in Supplemental
Permit No. 2002-232-SP
Modification
2(b)
-
2(b)
Change exterior stationary
-
.
refrigerated trailers
from eitht
(8)
to
two
(2)
Add eight (8) exterior mobile
re~geratedtrailers
NA
2(c)
2(c)
-
-
.
-
.
2(d)
.
Add
an incineratd()4ddet
0-50-P.
for a
total ofthree iS)
Add an incinerator?4odej
0-20-P.
fora total ofrwo
2)
-
2(d)
j
2(e)
NA
9(c)
Add the phrase
‘the amount of
waste
incinerated,
in pound?~
to cladf~
the operating
requirements
Attachment A
AttachmentA
.
Changed the Town in the
address
from Rock-ton to
-
Rockford
Except for the differences described above, the special conditions of
this
permit letter are
identical to the
special
conditions ofsupplemental permit No.
1999-406-SP,
issuedDecember
6,
1999.
-
-
The permit is issued subject to the
standard conditions attached
hereto and incorporated herein
by
reference, and fixrther subject to the follo’cthg
special
conditions.
En case of conflict between the
permit
application andthese conditions (both
standard and
special), the conditions of
this
permit
shall govern:
-
This pernutaI(Qws
Sc.
Francis Pet Crematory
&
Kennels, Inc.
Co operate a storage.
transfer
and
mci
-
~8cility
for solid
wastes
or special wastes consisting only of animal
carcass
&~ttage.other solid wastes, potentially
infectious medical
~va3tes,
or RCRA
hazardou~ntes
can be accepted at
this facility.
2.
The
Permittes
is authorized to
operate the following units.
all
in
accordance with the
approved application:
a.
Two (2) walk-in
freezers, each
27’ x
27’
x
10’, to
be
used to
store animal carcasses prior
to
processing in
the cremation chambers;
206
Page
3
b.
Two (2) exterior stationary
refrigerated ~ailers. each 6’
x 40’
x
10’,
to provide ex~a
temporary storage ofanimal carcasses:
c.
Eight
(8) exterior mobile refrigerated trailers,
each
6’ x
40’
x
10’,
to
provide extra
temporary storage ofanimal carcasses;
d.
Three
(3)
combustion chambers, Model G-S0-P,
each with
a permitted capacity of 4000
pounds per batch, two batches per day;
e.
Two (2) combustion chambers, Model G-20-P.
with a permitted capacity of
1500
-
pounds
per
batch,
two
batches per day;
-
-
~
One(l)
gas-powered generator
area,
as
described in the Supplemental Permit
application: and
-
g.
Ash storage area, approximately
30’
x
30’.
to store containers ofash
until
removed f:r
procer disposal.
3.
The Permittee may operate from 6:00 a.m. to
6:00 p.m.
Monday
through Saturday.
However, the Permittee may conduct morutoring,
inspections,
and
cleanup outside ofthe
desi~atedoperating hours,
4.
Adequate lighting shall be provided when
the
facility is operated outside of daylight
ho::;.
S.
The facilitymust operate
in accordance with the procedures
in the approved application.
6.
The Pemiittee must provide adequate employee training
to operate
all
equipment before
employees
are
left unsupervised.
The
Permittee may
accept
waste
at the
facilityduring
periods of curtailed facility opera:f~ns
under
the following conditions:
a.
Durinj the
first
4
days of curtailed operations.
waste
may
be
accepted norrnall:
b.
After
14 days:
-
i.
hone
or more of
the
incinerators
are in service,
no
more
than one-halfthe
art-,-:
of the permitted capacity identifled
in Condition
zl
above
for the operating
incinerator(s) may be acce,~ed
unless the
excess
amount
can
be
processed or
s::red
on site;
207
Pa1e4
ii.
fall
five incinerators are out of service,
no waste
may be accepted
until at
least
one
incinerator is placed back
in service.
c.
Notwithstanding the above,
the
Permittee may accept waste
for additional
periods
during extended curtailed facility operations caused by unusual circumstances only
as
approved in
writing
by the Illinois EPA.
S.
Acopy of all records
and
reports required by this permit shall be maintained in 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 ofat least three years
beyond the date of the report.
-
-
9.
The following information
shall
be included in the oPerating record
and recorded daily:
a.
the amountof waste received:
b.
the amount of
waste
rejected;
c.
the amountof
waste
incinerated, in pounds;
d.
the amount of bottom
and
fly ash
removed;
and
e.
narnà
arid
address ofeach
receiving fa~iliry
thar accepted the rejected waste
and the ash.
0.
The contingency plan
must be submitted to all local emergency response units, including the
police deparunent, fire department. ambulance service, and hospital, within 30days ofthe
date
of issuance-ofthis permit.
1.1.
On an annual basis, the Permittee shall
familiarize all
local
emergency response units with
thecontingencyplan
and
document the date; time
and
contents of meetings
held to comply
with these requirements.
12.
The Permittee shall noti& the Illinois EPA of any
changes
from
the informai’iort submitted
to
the Illinois EPA in its application (or a Development permit
for this
site.
The Permittee
shall
noeifr the-illinois EPA ofany changes in the names or addresses ofboth beneficial
and
legal tit
-
to
the herein-permitted site.
Such notification shall be made in
writing
within
I
-
5)
daysof such change
and
shall
include the name or names ofany parties
in
interezrL
____
*dthtss oftheir place ofabode; or,
if
a corporation,
the name
and
address of
its
re~
—.
~
“,ç’
My modiftcation to the facility shall be the subject ofan
application for
a
supplemental permit
fQr this
facility.
-
t3.
This
permit is
issued with
the expressed
understanding chat no process discharge to
Waters
of the State
or
to
a
sanitary sewer
wiU occur &om
this facility, except as authorized by
a
permit from
the Bureau of Water(BOW).
208
Page
5
14.
This
permit is issued
with the
expressed understanding that no
emissions
will be genen:e-i
by this facility, except as authorized
by a
permit from
the Bureau of Air (BOA).
15.
The
incinerator
ash
from
waste
incineration shall
be disposed ofonly in
a prooerly pern~tted
landflll.
16.
Fire safetyequipment, including
fire extinguishers, shall be maintained
in accordance
w~Ji
recommended practice.
-
17. A vector control specialist shall inspect the facility at least quarterly.
ifnecessary, vec:::
-
control measures shall be taken. The results ofthese inspections shall be maintained as :art
of the facility ooerating record and shall be made ayailable to the (Ilinois EPA upon wcn~n
or verbal request.
-
S.
The fa~iIity
shall
perform
routine housekeeping.
Routine housekeepuw
measu:es
at :
minimum shall include:
a.
Inspection and maintenance of the
equipment
in accordance
with the manufacturer;
recommendations;
b.
Periodic sweeping and cleaning of unloading area,
incinerator loading
area, genet-r::
area and
ash
storage area;
-
c.
Dailyjanitorial cleaning ofadministrative offices. sanitaty and
employee
facilities:
d.
Dailycleaninz ofany area as needed with mop
and
pail using
bleach or iodine so~n~n:
e.
Daily inspection and cleanup ofyard area from spillage.
litter, and
other for~.i~t
materials;
-
(
Weekly cleaning
and
inspection of maintenance
areas
for orderliness and safety
com~iancewith industrial
standards:
Weekly
tire
and safety inspections.
The
time
and date
ofeach inspection shall
be
maintained in the o-~eratingre:~’rd.
a
T~te
f~:ilitvshall
be
maintained and operated
:o
prevent nuisance a±:rs
and ii::e: ou:si±e
building.
Any tttter present outside of the
huildin2 shall be coltec:ed daily.
:u.
Any moditication
to
the
facility
shall be
the subject ofan apoitcat:on
for suppiementa:
permit
for site modification
submitted to
the
Illinois EPA.
209
Page 6.
21.
The Permittee shall notifr the Illinois
EPA’s
Bureau of
Land
in
writing ofi’ts
intent
to close
at least 45
days prior to
the date closure is expected to begin.
Along with
this notification.
the Permirtee shall submit the ptocedure and sampling and analysis plan to
be used
in
demonstrating the area
has
been properly decontaminated.
This plan shall
be approved
by
the Illinois ERA’s Bw~au
of
Land
in
writing prior to
being implemented.
22.
The operator shall norifr the illinois EPA
within
30
days after receiving the
final volume of
waste.
23.
The operator shall initiate
implementation of the closure plan within
30
days after the site
receives
its final votume ofwaste.
-
-
24.
The operator shall not
file
any application to modi~the closure
plan
less
than
ISO days
prior to
receipt of the
final volume oftcaste.
-
25.
Upon
completion ofcosure
activities,
the operator wilt noti~’the Illinois
EPA chat
the site
-
has
been closed
in
accordance with
the approved
closure plan utilizing the
Illinois
EPA’s
-
-
“Affidavit for Certification ofCompletion ofClosure of Non-Hazardous Waste Facilities.”
26.
This permit is subject to review and modification by
the
Illinois EPA as deemed necessary
to
fl.zlflll 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
~oundwatermonitQring
chemical
analysis forms which are required
to
be submitted
to the
Illinois EPA by the
Permittee
should be mailed ~
the- following address:
Illinois
Environmental
Protection Agency
-
Planning
and Reporting
Section
Division of
Land
Pollution Control
--
?24
102 I.
Moth Grand
Avenue East-
POStk~~X 19276
S
&~tnois
62794-9276
Work reqw
pe~ikyour application or the regulations mac also be subject to other
laws govemingprofessional services, such as the illinois Professional Land Surveyor Actof
1939.
the Professional Engineering Practice
Act of 1959, the Professional
Geologist
Ejcensic2
Act,
and the Structural Engineering
Licensing Act of 1939.
This permit
does not
relieve ~nyo:e
front compliance with these laws and the regulations adopted pursuant
to
these laws
.All
~toS:
that
falls within
the scope and definitions of these laws must be performed in compliance
tvit~
them.
The Illinois EPA may refer any discovered violation ofthese laws to the appropriate
regulating authority.
-
210
Page 7-
-
Within
35
days after the date ofmailing ofthe Illinois EPA’s
final decision, the applicantmay
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 ‘cc 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.
Since~1~—~”’
Joyce
L. Muni~.P.E.
?.(anager.
Permit
Section
Bure:u of Land
-C~ö
-
JLM:BG.A:bjh ~iJQ692s.doc
cc:
Quentin
H.
Davis. P.E.
.Ann 1.
Dempsey
Attachment
bcc:
Bureau
File
Rockford
Region
Bill
Ingersoll
Ted
Dragovich
Randy Solomon
Hope
Wright
8everly
A’lbarracin
211
.ktta~rnent
A
2010355020-- Winnebago County
Sc.
Francis Pet Crematoty
PermitNo. 1999-125-DE
Log No. 2002-232
Permit File
Legal
Description ofSite:
Part ofthe Southeast Quarter (/4)
ofSection
3,
Township 45 Nonh, Range
East ofthe T7J:~
Principal -Meridian. described as fo(totvs~Beginnin~at a point in the South tine of said Sec:~::
1331.2 feec Westofthe Southeastcorner thereof; thence \Yest-a~ongsaid South line
330
fee::
thence Noch 0 degrees 05’ East
660
feet: thence
East
parattec with the South line of said Se:::~n
~3’) feet:
thence South
0 degrees 05’ Last 650
feet to the place of’oeginnint
situated in the
County of
Winnebago
and
State of Illinois: commonly known as
3:55
GIe~ismanRoad.
Rockford. illinois M072.
JL).LBGA:bjh’2002692s.doc
212
OLIVER,
CLOSE,
WOROEN,
WINICLER
&
GREENWALD
LAWYERS
Suite 300 Waterside Center
124 North Water Street
ROCKFORD, ILLINOIS
61107-3974
David
J.
Turiciano’
Karl
F.
Mnkier
OlCounse!
Thomas
E. Greenwajd’
M4tlnzg Address
Henry
J.
Gose’
John Reardei~,
Jr.
Post Office
Box
4749
Admitied to Practice
Ann tDempsey’
ROCICPORD, ILLINOIS
61110-4749
~~
~
Wtscoiian
timothy
A. Miliert
(815)
968-7591
Fax (815)
968-7507
rnhltedtoPnct,Ct
Debra A. Delia
and
Wisconsin
-
November 8, 2002
Sent
Via
U.S. Mail and
-
Facsimile 217-524-3291
Ms. Beverly Albarracin
-
Illinois Environmental Protection
Agency
Bureau of Land
1021
N.
Grand Ave. East
Springfield,
IL 62702
-
RE:
St.
Francis Pet
Crematory &
Kennels, Inc.
Site No. 2010355020
-
Winnebago County
Permit No.
1999-125-DE/OP
Dear Ms.
Albarracin:
Thank you
for taking the time to discuss the
IEPA interpretation of Potentially
Infectious
Medical Waste (P1MW)
under
the
Illinois
Administrative
Code.
Specifically,
I
would
like
to
confirm
that
animals
with
chronic
wasting
disease
(CWD),
transmissible
spongiform
encephalophathy
(TSE)
or
similar
diseases
are
not
considered
P1MW
under
the
Illinois
AdministrativeCodeand aP1MWpermit
is not required forthe disposition ofsuch diseased animals.
Ifthis letter does not accurately reflect the IEPA interpretation of Section
1420.102 ofTitle
35
of
the
Illinois
Administrative
Code,
please noti~’me immediately. Thank you
for
your
consideration.
Very
truly
yours.
OLIVER, CLOSE.
WORDEN.
WINKLER & GREENWALD
AnnT.Dempse~
RECEIVED
ATD:rlb
NOV
1
4.
2002
cc:
Mr. Thomas 0. Carroll
-
IEPA-DC&
InWLKOOSIn
PEA?MT
SECTW)N
252
Cen~Steet
•
Lake Gcievs.
WI
~I4I
•
(262)
249-~
•
Fax
(262)
24W64
-
213
e
ILLINOIS
ENVRONMENTAL
PROTECTION
AGENCY
102!
NORrH
CR.kND
AvE’cE
East.
P.O.
Box
19276,
SPR~XCPtELD,Iw’o’s
62794-9276
JAMES
R.
THOMPSON
CE’TER,
IOU
WEST
RANDOLPH.
Sutm
11-300.
CHIcAGo.
IL 6060!
GEORGE H.
RYAN
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/524-3300
January
3,
2003
AnrrT. Dempsey
-
Oliver, Close,
Worden, Winkler &
Greenwald
Suite
300
Waterside Center
124 North Water Street
Rockford, Illinois
61107-3974
-
Re:
2010355020—Winnebago
County
St.
Francis
Pet
Crematory
-
Log No. PSO2-l91
Permit File
Dear Ms.
Dempsey:
Thank
you
for your lener ofNovember 8,
2002,
in which
you
request confirmation that
animals
with
Chronic
Waste
Disease (CWD), Transmissible Spongiform Enceohalopathv (TSE)
or
similar
diseases are not considered to
be
potentially infectious medical waste (P1MW).
The definition of potentially infectious
medical waste
states
that:
“P1MW
means
the
following
types of waste
generated
in connection
with
the diagnosis,
treatment
(i.e.,
provision ofmeiical
services), or immunization of
human
beings or animals; research pertaining to
the provisica of
medical services: or the provision or testing ofbiologicals.”
The carcasses of animals whi:h
might have the diseases you
mention do
not fall
under
this definition, unless the carcasses
were
generated under one of the scenarios described above.
I hope
this
satisfies ‘our inquiry.
If you have
ftxrther
questions,
please do
not
hesitate to c.~:tact
Beverly Albarracin at 217/524-3289.
/~
~—‘
.—~i
Joyce
L.
Niunie’. P.E.
-
RELEASABLE
bcc:
Bureau File
Manager.
Permit Section
Rockford
Bureau of Land
JAN
282003
Paul
Purseglove
Ted
Dragovich
JLM:~\mls\02004ls.doc
p~t~
-
Lorraine
Robinson
ilvv.....F1
MM
Beverly
Albarracin
‘:
,~:..,.,..4jU\i,rth~tjI,:Sjr,e(ROC~FQrClILbIIIj3_~SI5IIti.4O4
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——
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——
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-
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214
--
S
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
-
1021
\‘*i,-i
Gw~c3A.r,.~
E~si, PU
8.~192rh.
~
ILuAs
#,2794-9276
IMIES
R.
THOMPSON
CE\TER.
IOU
WEST
R,’.LW)LPH,
SUITE
11-300,
CHIcAGO,
IL
60601
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
MEMORANDUM
DATE:
-
March8,2003
TO:
-
Bev Albarracin, BOJIPermit Section
FROM:
Bill
Ingersoll, DLC
SUBJECT:
2010355020—
Winnebago County
St. Francis Pet
Crernatoty
-
Permit No. 1999-125-DE/OP
Log No. P503-010
Permit
File
I have
been assigned
to provide legal support regarding the response for the above Permit
Section correspondence.
This matter involves a January 30, 2003
letter (copy attached)
from St. Francis’s attorney,
Ms. Ann Dempsey.
This letter appears
to be
a follow-up to
a
telephone conference between you
andMs. Dempsey. Ms. Dempsey presents threc
questions,
and you haveprovided
me with a
draft response to the letter
(copy
of
e-mail
and draft letter 3ttached).
I include below the questions
followed by my comments
and
recommendations fot
each.
1.
I would like to confirm that veterinary medical waste as defined herein, is not
-
Potentially Infectious Medical Waste (P1MW).
Your proposed response appropriately includes many qualifications because ofthe broad
range ofitems that would fall within the P1MW definition.
In addition, you properly
advised that the obligation to determine the status ofthe waste belongs on the
generator.
However, I do not believe that a receiving facility c~n
avoid responsibilityby relying on
incorrect waste determinations
by a generator.
IfSt. Francis wishes to receive all the
nonhazardous
items on its list, it will need to be
authorized to receive P1MW.
You
correctly point out that
it
is possible that some ofthe wastes could be hazardous.
That
may not be relevant to the inquiry as discussed more fully below.
-
RELF
r
A
ROCKYORD
—4302
North
Main Slreet, Rock~ord,IL
61103—181
5) 987.7760
•
Dts
PLAI~ES
—9511
W. Harrison
St.,
Des Plaines,
IL 60016—
847I L94-4004)
EON
—595
South
Stale,
EIqin, IL 60123—847)608-3131
•
PEoRIA
—5415
N.
University
St..
Peoria. IL
6Th
yJ3P2~
6?34463.
-
-
-
BLREAL
OF
LA.’,D
-
PEORIA
—7620 N.
University
St.,
Peoria,
IL
61614 —(309) 693-5462
•
CHAMPAIGN
—2125
South First Str~t
c$eMpAi~it
It ~It0
—~:ri:t5600
SPRV’.GF;aD—45005, Sixth Slreet
Rd..
Springfield,
IL
62706
—121?)
766-6892
•
Cow~s~,itt
—2009 MaIl
Street, Collinsvil!e,
IL 62234
—(6181
346-5120
MARION —2309W. Main
St.,
Suite 116, Marion,
IL
62959 —(618) 993-7
00
PRINTED
QN
RECYCLED
PAPER
~-c
pe-vt~
~—
O~
*4fr00)
1. l~I
215
Memo
to Bev Albarracin
Re: 2010355020
PS03-010
March 8,2003
Page2
-
2.
Is local siting approval requiredprior tofiling an application for treatment at the
above referencedfacility?
This inquiry requires a comparison of the proposed waste management activity with the
currently permitted activity (copy ofpermit attached) and applying the provisions in
Section 3.32tb)(3) of the Act.
That section says that “a new pollution control facility is
(c) a permitted pollution control facility requesting approval to
store, dispose of,
transfer or incinerate, for the first time, any special or
hazardous
waste.”
St.
Francis
desires to
rnodi& its permit to allow
the treatment ofveterinary medical waste including:
-gauze, needles, gloves,
masks, gowns, tissue, blood, glass, medicines,
and tape.
Since it
is clear that St. Francis does not wishto
become a hazardous waste
facility, I will, for this
analysis, assume that hazardous
wastes will be not be accepted. The obligation on the
generators and St. Francis to prevent acceptance ofhazardous waste would continue as
before.
Ms. Dempsey contends that since
Section 332tb)(3) ofthe Act does not mention
treatment, then the proposed activity would not be an expansion.
While she is correct so
far as the word “treatment” goes, I believe that
it ignores that
any management ofthe
describedwastes would by necessityinclude storage (even
if
brief). The analysis should
go
further, especially as to the term“special waste.”
I
believe that the dispositive
issue
is
whether St. Francis is
asking to receive special waste for the first time.
The current permit
authorizes (Special Condition 1) the storage, transferand incineration
of
“solid wastes
or
special wastes
consisting only
of
animal carcasses” (Emphasis added).
Special
Condition
1
then goes on to prohibit the acceptance ofgarbage, other solid
wastes, P11MW or
hazardous wastes. Apparently, members ofthe Permit Section believe
that
animal carcasses received fordisposal are
not
special wastes.
That may be
correct,
although
I believe the
Permit Section states that conclusiOn too broadly.
Their conclusion
is likely
affected
by the
understanding
that the animal carcasses are not
manifested, and
special waste requires manifests.
To determine that euthanized animals from veterinary
clinics were special wastes would cause great enforcement problems since it
is believed
that the veterinary clinics do not use manifests.
Enforcing against everyone in
that group
would prove an undesirable
nightmare. Given that thePennit Section believes that
animal,carcasses are generally
not
special wastes, the Permit Section apparently
contemplated that some animal carcasses maybe
special wastes
and authorized St.
Francis to
accept those
as well as the others.
Ofcourse,
that assumed
all the requirements
that go along with receiving special wastes would applywhen receivingsuch wastes.
That is a compliance issue rather than an issue ofwhat is in the Permit.
216
Memo to Bev Albarracin
Re: 2010355020
PS03-010
March 8,2003
Page
3
My conclusion is that St. Francis is
already permitted to receive special wastes, and
therefore, a request to
receive additional types
ofspecial waste would not constitute a
request’to receive any special waste for the
first time.
This
is so even though the animal
carcasses typically received by
St. Francis are only regulated as solid wastes.
The
question
is not what St. Francis accepts, but what it is permitted to accept.
3.-
Is a supplemental application
to allowfor treatment ofwaste exemptfrom local
zoning?
.
.
-
.
.
.
-
I am somewhat
in
concurrence with your proposed response to this question.
However, I
suggest revising the last sentence because it
implies a conclusion that may no~
be accurate
—
Le.,
that local
siting is necessary.
I think the general rule in Section 39(c) is that
one
must comply with local zoning
rules
independently of a permit.
The provision to
not
mandate compliance with zoning for-a permit going
through local siting is an exception
to
the general rule, probably because the
local siting process
is actually more rigorous than
the zoning process.
cc:
BOL Records Unit (w/ attachments)
Joyce
Munie (w/ attachments)
Mike
Nechvatal (w/ attachments)
Scott Phillips (w/ attachments)
-
Chuck Grigalauski, FOS/DesPlaines (w/ attachments)
Lorraine Robinson (w/ attachments) re:.Assignment 1930
217
P~5o3-do
/~j,.
2,~/oS
OLIVER,
CLOSE,
WORDEN, WIrncLER
&
GREENWALD
LAWYERS
fr~~:
j~JL
CLC-
\Je~
Robert
5.
OUver
Curt
D. Warden’
Karl
F. Wtnkler
Tnornas
E.
Greenwald’
John Render, Jr.’
Ann 1.
Dempsey’
r~othy
A.
Miller
Debra A. Delia
-
Suite
30C)
Waterside Center
124 t’Jorth Water Street
ROCKEORD,
ILLINOIS 61107-3974
LI.JAI:ITg
,ddrns
PostOffice Box 4749
ROCKFORD,
ILLINOIS 61110-4749
(815) 968-7591
Fax (815) 968-7507
Davidj. Ttuidano~
Of
Counsel
f-lenryj. Ccse
~Adrnittsd
,~
Prac~ce
In Ulinots
ml
Wucon~n
A&niIlcd
~ Practce
In Ubrol,.
~Cew
York
md
Wtscor~n
January
30.
2003
Sent
Via
US.
Mail and
Facsimile 217-524-3291
Ms.
Beverly
Albarracin
Illinois Environmental Protection .Agency
Bureau ofLand
- -
1021
N. Grand Ave. East
Springfield. IL 62702
Re:
St.
Francis
Pet Crematory &
Kennels.
nc.
Site No.
2010355020
-
Winnebago
County
Permit No. 1999-125-DE/OP
Log No. P502-122
Dear Beverly:
-
-.‘-—
Cu
In confirmation of our recent
telephone conference,
1 am seeking clarification and
interpretation
‘from your office regarding the permit requirements under 415 ILCS
5/39.
The above referenced
facility
is
seeking to
increase services
to existing clients
by prtviding
for treatment of veterinary medical “-aste.
Veterinary
medical waste
includes
the
following:
gauze.
needles. gloves,
masks,
gowns.
tissue.
blood.
glass. medicines, and tape generated in connection with providing veterinarian sen-ices.
The local siting approval fur the above referenced facility included the following activities: waste
storage, waste disposal. wasu~
transfer station.
and waste
incinerator.
See
Exhibit A attached here:o.
At
(he time ofthe application.
waste
treatment sen-ices
for veterinarians was not
contemplated.
lam seeking clarification
and
a response on
the following issues:
-
I would
like
to
confirm that
veterinary medical waste
as defined
herein,
is
not
Potentially
Infectious Medical
\Vaste
(P1MW).
-
We are not aware that
any veterinarians are performing experiments or tests on animals
with
agents
that are infectious to humans.
Upon information and belief, all veterinar~
medial waste is generated in the
care and
treatment ofanimals
by
veterinarians.
2.
Is
local siting approval
is
required prior
to filing an application
for treatment at the above
referenced facility?
218
-
Ms.
Beverly Albarracin
January
30,
2003
Page 2
Local siting approval is required for a newpollution control facility.
Pursuant 415 ILCS 5/3.32(b),
a new pollution control facility is:
(1)
a
pollution
control facility
initially
permitted
for development of
construction after July
1,
1981; or
(2)
the area ofexpansion beyond theboundaiylof a curreñtl~
permitted.
-
pollution
facility:
or
(3)
a
permitted pollution
control facility requesting approval
to
Store.
dispose
of. transferor
incinerate,
for the
first
time,
any special
or
hazardous
waste.
Since the request to perform treatment at this
facility is not an expansion beyond
the boundan of
a
currently permitted pollution control
facility nor is
the currently permitted facility requesting to
store.
dispose
ofT
transfer or incinerate, for the
first time,
it appears
that local siting review is not
required.
3.
Is
a supplemental application
to allow for
treatment ofwaste exempt from local
zoning?
Pursuant to
415
ILCS
5/39(b). an
application
of a
pollution
control facility for treatment
is not
exempt
from
local
zoning requirements except
for new pollution control facilities governed
by Section
59.2.
lfthe expansion of senices to include treatment
is not considered a “new pollution control facility:’
it
would
seem
that
we are
subject
to
local
zoning approval
from
Winnebago
County.
However,
if the
expansion ofthe facility to include treatment services is considered a mew pollution control facilit
under
Section 3.32.
it would seem that local
siting approval
is required but not local zoning approval.
The case
law
reviewed did
not provide any clarification on
this issue.
-
The nextdeadline for filing an application foreither local siting approval or local
zoningapproval
in
Winnebago County is February 3,2003.
Ifyou couldplease clarify these questions by
Friday. January
31.
2003.
it
would
be ~reatlvappreciated
and
we
would be
able to
meet
our next deadline for
filing
the
appropriate application
for local
approval.
Thank you again for your consideration and attention
to this
matter.
-
\-~ery
truly yours.
OLIVER. CLOSE.
\VORDEN.
WNKLER &
OREEN\VALD
cc:
Mr.
Thomas G.
Carroll
-
219
Name of
Appli~nt
Mdress
of Applicant
Name
of
Site;
Site
lnforrnatiott
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
Worth Cr
St.
and Avenue East,
P.O.
8~i
19276,
Sprin~e1d,
Winoü
62794-9276
Mary A
Code,
Director
CER11F1CAI1ON
OF
smNG
APPROVAL
(LPC-PAS)
Francis
Pet
Crenatory
&
Kennelc
Inc
3255
Gleasman
Road
St.
Francis
Pet
Crematory
Nearest
City:
—
Rn nkfn-rd
County
.Winnehap-n
1.
On
January
14
of
St.
Francis
Pet
Winnebago
County
approvedthesitelocationsuitabilityof
&
Kennels,
Inc.
(county or municipality)
.
(name
of site)
as
a
new
pollution
confrol facility in
accordance
with
Section
39.2
of the
Illinois Environmental Protection. Act.
HI.
Rev.
Stat,.
cli.
111
,
Section 10392.
2.
The facility was
approved for the following
activities:
waste storage c~X
).
landfill
C_____
waste
treatment (
),
waste incinerator
C
X
).
waste
disposal
LX
3,
waste
transfer
station
(1
X
),
3.
Attaclied to
this
certification is a true
and coned statement of the
legal
description
of the site
as
it was approved
by
the
aforernentionedloalgoverningbody.
See
Exhibit
A
attached.
4.
Attathed to this
certification
is a
true and accurate
statement of conditions,
if any, under which
the approval was provided.
(Note: These conditions
are
provided for in~rmnaticnonly to
the
EPA.
The IEPA
is
not obligated to
monitor or
enforce
local
conditions.)
None
5.
The undersigned
has
been
authorized
by the
County
Bnarri
(governing
body
of
county
or
municipaiity)
Winnebago
County
toexecutethiscertificaliononbehaffof
Winnebago
County
(county
or
municipality)
(countv~or
municipality)
SUBSCRIBED AND SWORN TO BEFORE ME
this
2?
dayof.kZ,vta~w4.
,
19~
/
STATE
OP IWNO~
MY
COMMIsSION
EXrRESI 1/20,00
of
1999
the
County
Board
(governing
body of
county
or municipality)
3
Cretnat
NAMI
-
EXHIBIT A
220
I,
/1~
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGEN
Y
-.
-.
I
~e
.-.
-
-
-
1021
NORtH
Cw’.o AvEnut
EAST,
P.O.
Box 19276,
5Pgj,CFI?Lo.
I.LI~Or5
62794-9276
JAMES
R.
THOMPSoN CENTER.
100 WesT
RANDOtPH,
Sum
11-300.
CHIC,Aco,
IL
60601
ROD
R.
BlAcoIEvcH,
GOVERNOR
RENEE
C!PRIA.\o,
DIRECTOR
June
23,
2003
Ann T. Dempsey
Oliver, Close, Worden,
Winkler &
Greenwald
“p24 North Water Street
Suite 300 Waterside Center
Rockford, Illinois 61107-3974
Re:
2010355020-- Winnebago County
St.
Francis Pet
Crematory
PerrnitNo.
1999-125-DE:OP
Log No. PSO3-0l0
Permit File
Dear
Ms.
Dempsey:
Thank you for your letter ofJanuary
30, 2003,
in
which you request clarification and
response on
several issues. You stated that St.
Francis Pet Crematory (St. Francis)
would
li&e
to
begin
treating
veterinary
medical
waste,
including
gauze,
needles, gloves,
masks,
govrns. tissue,
blood.
glass, medicines,
and tape generated
in
connection with providing
veterinary services.
You
included a copy of the locaL siting approval for St. Francis. which approved the facility for waste
storage,
waste
disposal, waste transfer station, and waste incinerator.
Your letter states that
~
~earnient services for veterinarians was not contemplated at the time of local siring
application
Your questions and the responses
from the Illinois Environmental Protection
Azency (Illinois EPA) are as follows:
I.
I
t-ould
like
to confirm
that vererinan medical ww:e
as dejined
;;~rei,,.
is no: PotentiaPv
Infectious
Medical
Waste
~pLtli~.
“Potendalv
Infectious Medical
Waste’ or ~P1MW~
is deflned
in
35
Illinois
.Adminis~azive
Code
1420.102
as:
asre
generated
in connection
with the d~a2nosis.c’ea~nent.(i.e..
provision ofmedical servicesL or immunization of human beincs or animils: research
penaining
to
the provision of medical ser~ices:
or the provision
or :esting
of Eio~ogicals.~
The definition goes
on
to describe seven categories ofPL\IW. inJding
Used Sharps,
Animal \Vaste.
and Unused Shaws.
There are instances where ve:erma:v was:e would
fall
under the definition of P1MW. instances where
it
would meet
the ±eñnitior’of Mazardous
Waste in
35
III. Adm.
Code 72 1.103,
and
instances
where
ittvould
be solid
wage.
Each
individual generator
is responsible
for
determining
the status of
the
waste.
In addition,
the
facility which receives the
waste
is responsible
for verifvj~g
the cassitication of the
waste.
~
3~393r.r4n
-
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P~Qtt~
7620
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Ln~erc~N
it..
P~,r~a,(L6Iit4
—t309i69)-5461
.
C:~&~.c’~
—
2(25
5ot~
~zireet.
C~ama.z~.
tL6182,:
—
2:—.
28-53Y
Spc~cF!ELo
—45005.
Sixth
Street
Rd.
Soringfleld, IL62706—I217l
786-6891
COLLi”5~’LU
—2Q09 .‘t~H
S:-~er Co(Iins~UIe.
62234—!6T.3
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‘1~~:Q—fl09’.’.
~tj;nS!..s~i:e:~,.~taro1
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217/524-3300
221
t at~’~
-‘.
.
,v—
•
.~..
.
•..,
.~..
Page2
~
4
4
2.
Is local siting approval required prior tofiling an applicationfor treatment at the above
referenced
facility?
A review of
your
siting certification (LPC-PAS) indicates that on January
14,
1999,
St.
Francis Pet Crematory &
Kennels, Inc.
was ranted siting for waste storage, waste
disposal, Waste transfer station, and waste incinerator
only
waste treatment was not
g-rante&
As you are a*are
the definition of“pollution control facility” found in Section
3.330
ofthe fllinois Environmental
Protection Act (Act)
includes
waste
storage,
waste
disposal, waste transfer, waste treatment, waste incineration,
and landfiliing; however, the
definition “new pollution control facility” found in Section 3330(b) ofthe
Act includes
waste storage, waste disposAL wasi~
transfer, or waste
incineration.
“Waste treatment” was
not included as a “new” pollution control facility.
Whether thjs
omission was intentional
or not is unclear, however,
it does leave room
for interpretation regarding the intent ofthis
Section.
The more consenative approach to
your problem wpuld be
for
you to
obtain new
local siting approval which
includes waste
n’eauT,ent,
so
that
there
is
no questionthat you
are within the legal
requirements.
Alternatively,
you mavwar.t
to
get an
ituerpretation on
this issue
from the
Uhinois
Pollution Control
Board.
3.
Is a supplemental applicadon to allowfor
treatment of wcse
exen:pt from local :oning?
In accordance with Section 39(c) ofthe
Act, “...except for new pollution
control facilities
as
governed by Section 39.2,...,
the granting of a
permit
under
this
Act shall not relieve
the applicant from securing all necessaryzoning approvals from the unit ofgovernment
having zoning jurisdiction over the proposed facility.”
Therefore,
compliance with
local
zoning is generally necessary, except for those activities requiring local siting approval.
I hope this satisfies your inquiry.
Please contact Beverly Albarracin at 2 17:524-3289 ifyou have
tunher
questions.
Resneccfu.llv yours,
/richael
F.
Nech’.k_i
Manager. Divisiqn of Land
Pollution Control
~-0
~(FN:~~:bjh.0305
~s.doc
bcc:
Uureau
1-ile
Rockford Region
DLC
—
Lorraine Robinson
FOS
—
Paul
Purseglove
Ted
Dragovich
MikeNechvatal
Beverly
Albarracin
222
CERTIFICATE
OF SERVICE
I, the undersigned attorney at law,
hereby certify that on September
14,
2005,
1 served
true
and
correct
copies
of
an
APPEARANCE,
MOTION
FOR
LEAVE
TO
SUPPLEMENT
ADMINISTRATIVE RECORD,
and
ADMINISTRATIVE RECORD INDEX AND SUPPLEMENT,
by
placing
true
and
correct
copies
thereof in
properly sealed
and
addressed
envelopes
and
by
depositing said
sealed envelopes in a U.S. Mail
drop box located within Springfield, Illinois, with
sufficient First Class postage
affixed thereto, upon the following named persons:
Dorothy M.
Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite
11-500
Chicago,
IL 60601
Ann T. Dempsey
Oliver, Close, Worden,
Winkler & Greenwald LLC
124 North Water Street,
Suite 300
P.O. Box
4749
Rockford, IL
61110-4749
Bradley P. Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite
I 1-500
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
J61Th J~Kim
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021
North
Grand Avenue, East
P.O.
Box
19276
Springfield,
Illinois 62794-9276
217/782-5544
217/782-9143
(TDD)
This filing
submitted
on recycled
paper.

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