RECEIVE D
D &
L LANDFILL, INC .
)
JUN 1 4 2006
Petitioner,
STATE OF
ILLINOIS
)
v
.
-ids
Pollution Control Board
)
PCB No.
(Permit Appeal-Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
NOTICE OF FILING AND PROOF OF SERVICE
To:
Dorothy Gunn, Clerk
Division of Legal Counsel
Illinois Pollution Control Board
Illinois Environmental Protection Agency
State of Illinois Center
1021 North Grand Avenue East
100 W
. Randolph, Ste . 11-500
P .O. Box 19276
Chicago, IL 60601
Springfield, IL 62794-9276
PLEASE TAKE NOTICE that on Wednesday, June 13, 2006, I filed with the Office of
the Clerk of the Pollution Control Board an original and nine copies of Petitioner's Petition for
Review of Agency Permit Decision by U .S. Mail and Federal Express .
The undersigned certifies that he served the Petitioner's Petition for Review of Agency
Permit Decision by mailing a copy to the above persons by U .S
. Mail on Wednesday, June 13,
2006 .
D & L LANDFILL, INC ., Petitioner
By: MOHAN, ALEWELT, PRILLAMAN &
ADAMI, its attorneys,
By:
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Mohan, Alewelt, Prillaman & Adami
1 North Old Capitol Plaza, Suite 325
Springfield, IL 62701-1323
Telephone : 217/528-2517
Facsimile
: 217/528-2553
C
:\Mapa\D&L Landfill\NoticeotFiling .wpd\crk\6/13/06 1 :25 pm
.Shaw
THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
D & L LANDFILL, INC .
)
Petitioner,
)
v.
I` , _
)
PCB No
. ~
(Permit Appeal-Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
RECEIVED
CLERK'S
OFFICE
JUN 1 4 2006
Pollution
STATE OF
Control
ILLINOISBoard
Respondent.
)
PETITION FOR REVIEW OF AGENCY PERMIT DECISION
NOW COMES Petitioner, D & L Landfill, Inc
., by its undersigned counsel, petitions for
review the issue of an air construction permit with conditions, stating as follows :
1 .
In 2002, D & L Landfill, Inc . was issued Clean Air Act Program Permit No
.
99050035 for the operation of a municipal solid waste landfill in Bond County, Illinois
.
2
.
In 2003, the active landfill unit was sold to Allied Waste Industries, Inc
. and
renamed The Bond County Landfill .
3 .
D & L Landfill, Inc
. retained ownership of only the closed units for which closure
and post-closure care is being provided .
4 .
On or about November 28, 2005, D & L Landfill, Inc
. applied for permission to
construct an additional gas well and flare to control gas migration along the northern edge of the
closed landfill .
On May 12, 2006, the Illinois EPA issued a construction permit, granting the
application, but providing several conditions, including but not limited to special conditions 2
through 5, which are premised on the legal assumption that the closed D & L landfill
(I.D. No .
005801AAE) is considered a single source with Bond County Landfill
(I.D . No. 005005ABF)
.
See Exhibit A
.
6.
D & L Landfill, Inc
. respectfully disagrees that the closed landfill and the active
landfill are the same unit .
WHEREFORE, the Petitioner prays for an order finding that the closed D & L Landfill
and the active Bond County Landfill are not the same unit, directing the Illinois EPA to issue the
permit without the conditions applicable to a single unit, and for such other and further relief as
the Board deems meet and just .
Respectfully submitted,
D & L LANDFILL, Petitioner
By MOHA
AMAN & ADAMI
MOHAN, ALE WELT, PRILLAMAN & ADAMI
1 North Old Capitol Plaza
Suite 325
Springfield, IL 62701
Phone: (217) 528-2517
Fax: (217) 528-2553
C :\Mapa\D&L Landfill\Petition Review Pertnit.wpd/crk
6/13/06 1 :24 pm
Pat
2
217/782-2113
PERMITTEE
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND AVENUE EAST, P.(.),
13CX r9506, SPRIN(:FIELO,
kLLIN01S
62794-9506 - ( 21 7) 782-211 .4
Rot) R .
SLAGOIEVICH, GOVERNOR
DOUGLAS P .
SCOrr, DIRECTOR
CONSTRUCTION
PERMIT - NSPS SOURCE
D & L Landfill,
Inc .
Attn : Don
McCray
1212 Ayers
Road
Greenville,
Illinois 62246
A22lication No
. : 05110071
I D No - 005801AAE
Applicant's Designation :
Subject
: Modification of Passive Landfill Gas
DateCollection
Received :
SystemNovember
28, 2005
Date Issued
: May 12, 2006
Location
: 825 West Willard Street, Greenville, Bond County
Permit is hereby granted to the above-designated Permittee to CONSTRUCT
emission source(s) and/or air pollution control equipment to modify existing
passive landfill gas collection system, including construction of a new
landfill gas extraction well and associated passive flare, as described in
the above-referenced application . This Permit is subject to standard
conditions attached hereto and the following special condition(s)
:
1 This permit authorizes modification of existing passive landfill gas
collection system by constructing a new landfill, gas extraction well
and associated passive flare to control . landfill gas .
2 .
This permit does not revise or relax requirements for emissions,
testing, recordkeeping, and reporting associated with the flares as
established in Conditions 7
.1 .6, 7 .1 .7, 7 .1 .9, and 7 .1 .10, respectively
of CAAPP Permit 99050035 .
3a . This flare is subject to the New Source Performance Standard (NSPS) for
air emissions from Municipal Solid Waste Landfills, 40 CFR 60, Subparts
A and WWW .
b .
The flare shall be designed and operated in accordance with 40 CFR
60 .18
. This includes but is not limited to :
i .
The flare shall be designed for and operated with no visible
emissions as determined by the methods specified in 40 CFR
60
.18(f)(1), except for periods
not
. to
exceed a total of 5
minutes during any 2 consecutive hours .
(40 CFR 60
.18(c)(1)]
The flare shall be operated with a flame present at all times
while landfill gasses are being vented to it, as determined by
the methods specified in 40 CFR 60 .18(f)(2) and 60 .756(c)(1) .
(40 CFR 60 .18(c)(2)]
iii . The flare shall be used only with the net : heating value of the
gas being combusted being 7,45 MJ/scm (2 .00 Btu/scf) or greater .
PRINI'LD ON RFCYCLEn PAI'LR
Page 2
The net
heating value of
the
gas being combusted
s hall. be
determined by the methods specified
in 40 (FR 60 .18 (f)(.3) .
CFR 60 .18(c)(3)(ii)]
140
i.v . The flare shall he designed and operated with an exit velocity
less than the maximum allowable velocity, Vr„r ,
as determined by
the method specified in 40 CFR 60 .18(f)(6) .
(40 (.
:FR 60 .1.8(,x,)(5)]
v .
The Permittee shall monitor the flare to ensure
that. it is
operated and maintained in conformance with the manufacturer's
design specifications,
vi .
The flare shall he operated at all times when landfill gases may
he vented to it .
(40 CFR 60 .18(e)]
c .
The Permittee shall install, calibrate, maintain, and operate equipment
to record landfill gas flow to the flare, in accordance with 40 CFR
60 .756(c)(2) .
4
Emissions and operation of flare shall not exceed the following Limits :
a .
Maximum landfill gas loading to the flare = 90 scfrn
.
b .
Emissions of NO, shall not exceed 0 .2 lb/hour and 0 .88 tons/year .
c .
Emissions of CO and VOM each shall not exceed 0
.1 lb/hour and
0
.44 Irons/year
. .
Note
: These
:Limits are based on the information provided in the CAAPP
modification application dated including maximum flare capacity
and continuous operation
. . Compliance with annual limits shall he
determined from a running total of 12 months of data
.
5 .
The Permittee shall conduct observation for visible emissions to verify
compliance with 40 CPR 60
.18(c)(1) for the flare .
6 .
The Permit tee shall, in accordance
wi.t
h the manufacturer's and/or
vendor's recommendations, perform periodic maintenance on the pollution
control equipment covered under this permit : such that the pollution
control equipment be kept in proper working condition and not cause a
violation of the Environmental Protection Act or regulations
promulgated therein .
7 .
The Permittee shall maintain
an
operating log
for the air pollution
control equipment, which at a minimum includes status of
the flare,
adjustments of the flare operating parameters, the results of
inspections and maintenance and repair activity .
8a .
The Permittee shall keep the following records for the flare
:
i .
A file containing the design specifications for the flare
including capacity, scfm, and a demonstration that the flare
complies with the operating specifications of 40 CFR 60 .18, i .e
.,
gas heat content and exit velocity .
Page 3
The landfill
gas consumption by l:hn
flare, on a daily basis .
iii . A
Ashall
.
log
orincluderecordsthe
of
:
followinginspection/maintenance
of
the flare, which
descriptionDate
of inspectionof
any
withmaintenance
conditionneeded,of the flare
and
B .
Date of maintenance
performed with descr .ipt .i.on
b .
forTheseinspectionrecords
shalland
copyingbe
retainedby
theforIl
.linoisfive
yearsEPA
.
and shal.1 be available
9 .
The
Permittee
shall report
in writing
to the Illinois EPA within 30
(.lays of
any deviation from the requirements of this permit with
description of deviation, time and duration, cause and remedial action,
if any .
10,
In the event that
: the operation of passive gas collection system
results in an odorr nuisance or any other nuisance due to the operation
of the flare or through any other cause, the Permittee shall take all
appropriate and necessary action, including but not limited to, changes
in operating procedures or
.installation of air pollution control
equipment, in order to eliminate the nuisance
.
1
.1 .
Two copies of required reports and notifications shall be sent to the
Illinois EPA's compliance section at the following address unless
otherwise indicated :
Illinois Environmental Protection Agency
Division of Air Pollution Control
Compliance Section (040)
P .O . Box 192')6
Springfield, Illinois 62794-9276
and one copy
shall. be
sent to the Illinois EPA's regional office at the
following address :
Illinois Environmental . Protection Agency
Division of Air Pollution Control
2009 Mall Street
Collinsville, Illinois (52234
12 .
The Permittee may operate the flare pursuant to this construction
permit until the CAAPP permit : for the source is revised to address this
flare
.
Page I
Permit
If
you
Analysthave
anyatquestions217/782-2113aboutt
.
this
permit, please contact: Kunj
Patel,
Sincerely,
Dcr,,.a-&
- i
G
Donald E . Sutton, P .E .
Manager, Permit Section
Division of
Air Pollution Control
DES :CPR :KMP :lsm
cc :
Region 3
July 1, 1985
The Illinois Environmental Protection Act (Illinois Revised Statutes, Chapter 111-1/2, Section 1039) authorizes the
Environmental Protection Agency to impose conditions on permits which it issues .
The following conditions are applicable unless susperseded by special condition(s) .
1
. Unless this permit has been extended or it has been voided by a newly issued permit, this permit will expire one
year from the date of issuance, unless a continuous program of construction or development on this project has
started by such time.
2 . The construction or development covered by this permit shall be done in compliance with applicable provisions of
the Illinois Environmental Protection Act 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,
along with plane and specifications as required, shall have been submitted to the Agency and a supplemental
written permit issued.
4. The permittee shall allow any duly authorized agent of the Agency upon the presentation of credentials, at
reasonable times :
a . to enter the permittee's property where actual or potential effluent, emission or noise sources are located or
where any activity is to be conducted pursuant to this permit,
b. to have access to and to copy any records required to be kept under the terms and conditions of this permit,
c. to inspect, including during any hours of operation of equipment constructed or operated under this permit,
such equipment and any equipment required to be kept, used, operated, calibrated and maintained under this
permit,
d to obtain and remove samples of any discharge or emissions of pollutants, and
e, to enter and utilize any photographic, recording, testing, monitoring or other equipment for the purpose of
preserving, testing, monitoring, or recording any activity, discharge, or emission authorized by this permit
.
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
DIVISION OF AIR POLLUTION CONTROL
P . 0 . BOX 19506
SPRINGFIELD, ILLINOIS 62794-9506
STANDARD CONDITIONS FOR CONSTRUCTION/DEVELOPMENT PERMITS
ISSUED BY THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
5. The issuance of this permit :
a.
shall not be considered as in any manner affecting the title of the premises 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 of the United
States, of the State of Illinois, or with applicable local laws, ordinances and regulations,
d does not take into consideration or attest to the structural stability of any units or parts of the project, and
*l. 532-0226
APC 166 Rev . 5/911
Printed on Recycled Piper
090.006
For assistance in preparing a permit
application contact the Permit
Section .
Illinois Environmental Protection-Agency
Division
Permit Sectionof
Air Pollution Control
1021 N
. Grand Aye E .
P,O,Boi 19506
Springfield, Illinois
or a regional office of the
Field Operations Section .
The regional offices and their
areas of responsibility are
shown on the map
. The
addresses and telephone,
numbers of the regional
offices are as follows :
Illinois EPA
Region 1
Bureau of air, 708
9511 West Harrison
Des Plains, Illinois
. 60016
847/294-4000
Illinois EPA
Region 2
5415 North University
Peoria, Illinois
61614-
309/693-5463"
DIRECTORY
ENVIRONMENTAL PROTECTION AGENCY
BUREAU OF AIR
Illinois EPA
Region 3
2009 Mall Street
Collinstille, Illinois
62234
618/346-5120
I0OIVi111
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