BEFORE THE
and CITY OF MORRIS,
)
Petitioners,
)
vs.
)
PCB No
. 01-170
(Permit Appeal
- Land)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
NOTICE OF FILING
TO:
Ms. Dorothy Gunn, Clerk
Mr. John Kim, Assistant Counsel
Pollution Control Board
Illinois Environmental Protection Agency
100 W
. Randolph Street
1021 North Grand Avenue East
Suite 11-500
Springfield, Illinois 62794-9276
Chicago, Illinois 60601
PLEASE TAKE NOTICE, that on August w,
2001, the undersigned filed the original and
nine copies of a PERMIT APPEAL with the Office of the Clerk of the Illinois Pollution Control
Board, 100 W
. Randolph Street, Suite 11-500, Chicago, Illinois 60601, a copy of which is attached
and hereby served upon you
.
COMMUNITY LANDFILL COMPANY
One of the Attorneys for Petitioners
Mark A. LaRose
LaRose & Bosco, Ltd.
Attorney No . 37346
734 N
. Wells Street
Chicago, IL 60610
(312) 642-4414
Fax (312) 642-0434
THIS FILING IS SUBMITTED ON RECYCLED PAPER
.
RECEIVED
CLERK'S OFFICE
ROL BOARD
AUG
1 6 2001
STATE OF ILLINOIS
Pollution
Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AUG 1 6 2001
COMMUNITY LANDFILL COMPANY )
and CITY OF MORRIS,
)
Petitioners,
)
vs.
)
PCB No . 01-170
(Permit Appeal - Land)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
*-LECEAVED
CLERK'S OFFICE
..
SIAtE OF iLLINOIS
Pollution Control Board
PERMIT APPEAL
Petitioners, Community Landfill Company (CLC) and City of Morris, by its attorneys,
Mark A. LaRose and Scott M . Belt, pursuant to § 40(a) of the Illinois Environmental Protection Act
(415 ILCS 5/40(a)) hereby file this Permit Appeal regarding Illinois Environmental Protection
Agency's (IEPA), denial of supplemental permit application for the Morris Community Landfill
under Permit Log No
. 2000-438 dated May 11, 2001, and in support hereof state as follows :
Theyarties
1 .
Petitioner, CLC, is an Illinois private corporation that is the permitted operator of the
Moms Community Landfill located on Ashley Road, City of Morris, County of Grandy, Illinois
.
2.
Petitioner, City of Morris, is an Illinois municipal corporation that is the permitted
owner of the Moms Community Landfill located on Ashley Road, City of Morris, County of
Grundy, Illinois.
3.
The IEPA is an agency of the State of Illinois, empowered to consider, issue or deny
various applications for permits pursuant to § 39 of the Illinois Environmental Protection Act .
Description of the Morris Community Landfill
4 .
The Morris Community Landfill consists of two parcels of land, currently permitted
as two disposal units, Parcels A and B, with one IEPA Site Number 0630600001 .
5 .
Parcel A, which is on the east side of Ashley Road in a rural area of the City of
Morris, consists of approximately 55 permitted acres
. For many years, Parcel A was used by the
City of Morris as a municipal solid waste landfill, until the active landfill operations were
discontinued in the 1970's. Pursuant to an order from the Appellate Court of Illinois, Third District,
Docket No. 3-96-0182 dated June 17, 1996, CLC and the City of Morris filed an application for
significant modification on August 5, 1996, permit Log No
. 1996-256 . Pursuant to Development
and Operating Permit Nos.
1974-22-DE and 1974-22-OP, 35 I.A.C . § 814.105(b), a lease with the
City of Morris, and supplemental permit 1996-218-SP issued October 11, 1996, CLC continued to
operate Parcel A pending the resolution of all permit appeals from the significant modification
permit denial dated September 1, 1999 . On August 4, 2000 the Agency issued a significant
modification permit for the continuing operation of Parcel A, Permit No
. 2000-155-LFM .
6.
Parcel B of the Morris Community Landfill consists of approximately 64 permitted
acres and is located on the west side of Ashley Road in a rural area of the City of Morris. From
approximately 1982 to 1996, CLC has operated Parcel B pursuant to the above mentioned
development and operating permits and various supplemental permits from IEPA and leases and
supplemental leases with the City of Morris
. Pursuant to an order from the Appellate Court of
Illinois, Third District, Docket No . 3-96-0182 dated June 17, 1996, CLC and the City of Morris filed
an application for significant modification on August 5, 1996, permit Log No . 1996-255 . Active
disposal operations at Parcel B ceased in 1996, and closure of the site has begun . On August 4, 2000,
2
the Agency issued a significant modification permit for the closure and post closure care of Parcel
B, Permit No
. 2000-15 6-1,17M .
Standards Under Which the Permit Was Sought
7.
The permit application, Permit Log No . 2000-438, submitted an acceptance report
for the construction of the separation layer and requested authorization to accept waste for disposal
in the newly constructed area in Parcel A . Said permit application was required by the August 4,
2000 significant modification permit, Special Condition, 1.2. The permit application was submitted
pursuant to § 39 of the Illinois Environmental Protection Act, and sought to demonstrate compliance
with the standards set forth in 35 I .A.C. Part 811 and 814 .
8.
The application under Permit Log No . 2000-438 demonstrated compliance with the
particular standards set forth in paragraph 7, above, as well as all other applicable permit language
and design elements .
Description of Contaminant Emissions and Proposed Levels of Control
9.
The contaminants that the petitioners seek to control with the significant modification
application under Permit Log No . 1996-255 include contaminants found in the leachate and the
groundwater under Parcel A
as a result of many years of historical landfilling operations prior to
1980. These contaminants may include those found in Exhibit 1, attached hereto . These same
contaminants may be included in leachate produced since CLC's renewed operation of Parcel A .
10.
The petitioners propose to control these contaminants with the following devices on
the newly-constructed portion of the Parcel A landfill :
3
Parcel A Controls
-Twelve groundwater monitoring wells have been installed and are being routinely sampled
.
-Gas perimeter probes have been installed and are being routinely sampled with issuance of
Permit No. 2001-151 on June 29, 2001 .
A
pond and the significant drainage ditches around Parcel A have been installed .
The 36" thick low permeability soil separation layer was constructed above the previously
deposited waste and new waste is proposed to be placed over it . The separation layer greatly
reduces infiltration into the previous deposited waste beneath it .
The corresponding leachate removal system for the constructed separation layer has been
installed, and leachate is being removed and managed by a direct sewer connection to the
Morris POTW
.
C
ontingent remediation program to alleviate potential groundwater contamination on the
east site of Parcel A has been designed . The two groundwater removal wells have been
installed .
A
portion of the materials for the leachate collection trench has been purchased .
The Permit Denial
11 . On May 11, 2001, the IEPA mailed the permit denial, Permit Log No
. 2000-438, to
the City of Morris as owner and CLC as operator . The permit denial under Log No . 2000-438, is
attached hereto in its entirety and identified as Exhibit A .
12.
Petitioners contest each and every reason or alleged justification for denial of the
supplemental permit as set forth in Exhibit A, and to the contrary, states as follows :
a.
Petitioners presently have in place performance bonds from Frontier
Insurance Company totaling approximately $17 million. Those bonds were
accepted by the Agency as fully complying with all the regulations as of
August 4, 2000, even though the Agency specifically knew that Frontier had
4
been removed from a list of sureties approved by the U
.S . Department of
Treasury effective June 1, 2000
. Moreover, Frontier Insurance Company
continues to be licensed and approved by the Illinois Department of
Insurance, and therefore, the bonds at issue comply with the applicable
regulations
.
b.
The federal court conviction of Robert J
. Pruim, President of CLC, in the
case ofUSA v. Pruim. et al.,
No
. 93 CR 682, does not form a sufficient basis
under § 39(i) for the denial of the permit because the conviction had nothing
to do with the operation of CLC or any other solid waste disposal unit
.
Moreover, since the date of the conviction, the Agency has considered and
either granted or denied numerous permits to the applicant without having
conducted any § 39(i) investigation or having raised Robert Pruim's
conviction as
an impediment to the issuance or denial of any of these permits
.
This includes the August 4, 2000 significant modification permits that were
issued for both Parcel A and Parcel B of the landfill, and includes
supplemental permit modifications issued on February 1, 2001 and June 29,
2001
. Therefore, if § 39(i) even applies to this seven year-old mail
fraud/guilty plea, then the Agency is barred from raising it at this time
.
13.
Pursuant to § 40(a) of the Illinois Environmental Protection Act, this appeal is timely
filed on or before September 13, 2001, because the Board in its June 21, 2001 Order, and pursuant
to a joint notice of extension by the parties, granted a 125 day extension from the Agency's May 11,
2001 decision .
5
WHEREFORE, the Petitioners respectfully pray that the Board
:
I .
Require the Agency to answer, appear as respondent, and file a complete
administrative record in an expedited matter ;
2 .
Set this matter for expedited hearing and other proceedings
(e.g. discovery) as
authorized or required by §§ 32, 33(a) and 40 of the Illinois Environmental
Protection Act and the applicable rules of the Board ; and
3
.
Following said hearing or other procedures, reverse the Agency's permit denial and
order that the supplemental permit be issued for Morris Community Landfill, Site
Number 0630600001, Permit Log . No . 2000-438 to allow waste disposal in this
constructed area .
Respectfully submitted,
COMMUNITY LANDFILL COMPANY and
CITY OF MORRIS, Pe 'tioners
By:
One of Their Attorneys
Mark A. LaRose
LaRose & Bosco, Ltd.
Attorney for Petitioner Community Landfill Company
Attorney No . 37346
734 N. Wells Street
Chicago, IL 60610
(312) 642-4414
Fax (312) 642-0434
Mr. Scott M. Belt
Scott M. Belt & Associates, P .C.
Attorney for Petitioner City of Morris
105 1/2 W. Washington
Morris, IL 60450
(815) 941-4675
Fax (815) 941-4677
6
RECEIVED
CLERK'S OFFICE
AUG 2 0 2001
The following list of contaminants as well as additional parameters
may
or may nolsre,T
groundwater, gas condensate
from
the landfill operations
:
i11- Wqjc~ate,
pollution
Control Board
Alkalinity (total)
BETX
Bicarbonate
Biological Oxygen Demand (800)
Chemical Oxygen Demand (COD)
Fecal Collform
Oil (hexane-soluble or equivalent)
Ph
Total Dissolved Solids (TDS)
Total Organic Carbon (TOC)
Total Organic Halogens (TOX)
Aluminum (Dissolved &Total)
Ammonia (as Nitrogen)
Antimony (Dissolved & Total)
Arsenic (Dissolved & Total)
Barium (Dissolved & Total)
Beryllium (Dissolved & Total)
Boron (Dissolved & Total)
Cadmium (Dissolved & Total)
calcium
(Dissolved & Total)
Chloride (Dissolved & Total)
Chiomlum (Dissolved & Total)
Cobalt (Dissolved & Total)
Copper (Dissolved & Total)
Cyanide (Total as Cn - )
Fluoride (Dissolved & Total)
Iron (Dissolved & Total))
Lead (Dissolved & Total)
Magnesium (Dissolved & Total)
Manganese (Dissolved & Total)
Mercury (Dissolved & Total)
Nickel (Dissolved & Total)
I
h3
611-170
Nitrate'(aa Nitrogen] (Dissolved & Total)
Potas_slum .(Dlssahred & Total)
Selanlum (Dissolved & Total))
Siivet (Dissolved & Total))
Sodl&( n (Dissolved S Total)
Sulfeie (Dissolved & Total)
Thail,um (Dissolved & Totaq
Tin
O
lssolved & Total)
Van~dlum (Dissolved A Total)
Zinc
!
(Dissolved & Total)
Gross alpha
Redi(m-220
Radlpm-228
Strontium-go
Trttldm
2,4-~ ; 2,4-dlchlorophenoxy-acetic acid
Acel no
; 2-Propanone
Acrolein
Acryfonftrfie ; 2-Propenenitrile
Alachor
Aldicarb ; Temik
Aldr'm ; Aldrex
Atratine
Ben*e •
Benzo (a) pyrene
Benzoic Acid
bis (?2-chloroethoxy) methane
bis
(ctiloromethyt) ether
Bromobenzene ; Phenyl bromide
Bromochloromethane ; Chlorobromomethane
BroModlchloromethane ; Dibromochloromethane
Bromoform; Trlbromomethane
Bromomethene; Methyl bromide
Butanol (probably means 2-Butanot ; sec-Butyl
alcohol]
Sutanol, I ; n-Butyl alcohol
Sutanone, 2- ; Methyl ethyl ketone
; MEK
Sutylbenzene, n-; 1-Phenylbutane
2
Butytbenzene, sea ; (1 •Methyipropygbenzene
Duty)benzene, tort-
; (1,1-Dimethyiethygbenzene
BUtylbenzyt phthalate
Carbofuran
carbon disulfide
Carbon tetrachloride
Chlorpane •
Chlotcbenzene
; Monochlorobenzene
Chlo odibromomethene
; Dibromochloromethane
Chlo~oethane ; ethyl chloride
Chloioethyi vinyl ether, 2- ; (2-
Chloioetho)y)sthene
Chloroform; Trichtoromethane
Chlotonaphthalene, 2-
Chlototoluene, o-
Chlotctoluene, p-
Crescl, p-
; cresol, 4-
Cum one
; (1-Methylethyl)benzene ;
isopiopylbenzene
Cymene ; p-Isopropyholuene, Dolcymene
Dalapon
DDT
; 1,1'-(2,2,2-TrichloroethyAdene)bls(4-
chiokobenzenej
bts (2-ethylhexy() phthalate ; Di (2-ethylhexyl)
phthalate
Di-n-butyl pthalate ; Olbutyl pthalate
Dlbrpmo-3-chloropropene, 1,2- ; (DBCP)
Dibromomethane ; Methylene bromide
Dlchloro-2-butene,trans-1,4-
Dichlorobenzene, 1,2- ; o-Dichtorobenzene
Dicljlorobenzene, 1,3- ; m-Diehlorobenzene
Dichlorobenzene .
1,4- ;
p-Dichlorobenzene
Dlchlorodifluoromethene ;
Dlfuorodichloromethane ; Freon 12
Dichloroethane, 1,1-;
Ethylldene chloride
Dichloroetnane, 1,2- ;
Ethylene dichloride*
Dichloroethytene, 1,1-
Clchloroelhyfene, 1,2-
3
Dibhloroethy(ene, cls-1,2-
Oichloro8lhylene, traps-1,2-
Dthloromethane
; Methylerte chloride
Dichybropropene,
1,2-'
Dlchpropropane,
1,3-; Trtmethylene dichloride
Dlchjoropropane, 2,2-; lsopropylidene chloride
Dlchioropropene, 1,1- ; 1,1 •Dlohforopropylene .
Dichloropropene,
1,3-
; 1,3•D
ichloropropylene
Dlchioropropene, cis-1,3•
Dich)oropropene, traps-l,3-
Dleld
'
rin
Diettyl
I
phthalate
01114forobenzene,
1,4 ; p-Dtfluorobanzene
Dlmothyl phthalate
Dimethylphenol, 2,4-
Dinoseb
EndbthallI
Endrin
Ethyl acetate
Ethyl aichohol ; Ethanol
Ethyl methecrylate
Ethylbenzene
Ethylene d1bromide (ED8) ; 1,2-Dibromoethane
Heptachlor`i
Heptachlor Epoxide"
Hexaohlorobutadlene
Hezachiorocyclopentadienei
Hezanone, 2-
; Methyl butyl ketone
lodDmethane ; Methyl iodide
Isophorone
Lindane ; gamma-SHC ; 1,2,3,4,5,8-
Hexachlorocyclohexane
Methoxychlor
Methyl chloride ; chioromethane
Methyl-2-pentanone, 4-
; Methyl Isobutyl ketone
Naphthalene
Nitrobenzene
Nhrophenol, 4- ; p •Nitropheno(
4
Parathion; O,O •Diethyl phosphorotnloic acre
PCSs; Polychlorinated biphenyls (as
dedachlorobiphsnyp •
Pentachiorophenor
Phenanthrene
Phenol
Pico-am
Propanol,1- ; n-Propyl alcohol
Propanol, 2.
; Isopropyl alcohol
Progylbenzene, n- ; 1-Phenylpropene
Silvex; 2-(2,4,5-trichlorophenoxy)proplonic acid ;
2,4,5-TP
Simazine
Styrene ; Ethenylbenzene
Tetrichloroethane, 1,1,1,2
•
Tetrachtoroethene, 1,1,2,2•
Tetrachloroethylene ; Tetrachloroethene, 1,1,2,2-`
Tetrshydrofuran ; Tetramethylene oxide
Toluene
: Methylbenzene
Toxaphene
Trichlorobenzene, 1,2,3-
Trichlorobenzene, 1,2,4-
Trichloroethane, 1,1,1-; Methylchlomform
Trichloroethane, 1,1,2-
Trtchloroethylene, Trlchloroethene
Trichiorofluoromethane
; Fiuorotrichlorornethane
;
Freon 11
Tnchlorophenoxyacetic acid, 2,4,5 ; 2,4,5-T
Trichloropropane, 1,2,3-
Trirnethylbenzene, 1,2,4- ; Pseudocumene
Trimethylbenzene, 1,3,5-; Mesitylene
Vinyl acetate
; Ethenyl ester acetic acid
Vinyl chloride ; Chbroethene •
Xylene, rn-
Xylene, o-
Xylene, p-
Xylenes (totals)
Methane
Non-Methane Organic Compounds
5
