ORIGINAL
CLERK%
VIE p
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAR
13
2007
AMERICAN BOTTOM CONSERVANCY, and )
Polluon OF ILLINOIS
Control
R,,.
SIERRA CLUB,
)
Co-Petitioners,
)
v .
)PCB o 7 _~
(Pollution Control Facility
CITY OF MADISON, ILLINOIS, and
) Siting Appeal)
WASTE MANAGEMENT OF ILLINOIS, INC ., )
Respondents .
)
To : Donald J. Moran
Penni S . Livingston
Pedersen & Houpt
Livingston Law Firm
161 North Clark Street
5701 Perrin Road
Suite 3100
Fairview Heights, IL 62208
Chicago, IL 60601-3224
John T
. Papa
Callis, Papa, Hale, Szewczyk & Danzinger, PC
1326 Niedringhaus Avenue
Granite City, IL 62040
NOTICE OF FILING
Please take notice that on the 13" day of March, 2007, 1 have filed with the
Office of the Clerk of the Pollution Control Board the original and nine copies of a
petition for review of pollution control siting facility approval, a copy of which is
herewith served upon you.
Printed on Recycled Paper
Bruce A . Morrison (Il . Reg . No . 6279301)
Great Rivers Environmental Law Center
705 Olive Street, Suite 614
St
. Louis, MO 63101-2208
Phone : (314) 231-4181
Fax: (314) 231-4184
Attorneys for petitioners
ORIGINAL
CERTIFICATE OF SERVICE
MAR 1 3 2007
The undersigned certifies that on the
z--
day ofA $TATE
OF ILLINOIS
GtiE'bllution
Co
nj:fDpDD~rd
a complete copy of the foregoing document was served upon counsel for respondents by
enclosing the same envelopes and depositing said envelopes, with first class postage fully
prepaid, in a United States post office box, addressed to :
Donald J
. Moran
Penni S . Livingston
Pedersen & Houpt
Livingston Law Firm
161 North Clark Street
5701 Perrin Road
Suite 3100
Fairview Heights, IL 62208
Chicago, IL 60601-3224
John T. Papa
Callis, Papa, Hale, Szewczyk & Danzinger, PC
1326 Niedringhaus Avenue
Granite City, IL 62040
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLL
R i G I N A L L
BOARERKEOVE
D
AMERICAN BOTTOM CONSERVANCY, and )
SIERRA
CLUB,
STATE
MAR
O
Cont
13 2001
of
Board
)
Co-Petitioners,
)
V .
)PCB(Pollution
U
Control
10
Facility
CITY OF MADISON, ILLINOIS, and
) Siting Appeal)
WASTE MANAGEMENT OF ILLINOIS, INC
., )
Respondents .
)
APPEARANCE
I hereby file my appearance in this proceeding on behalf of Co-Petitioners
American Bottom Conservancy and Sierra Club
.
Printed on Recycled Paper
Bruce A. Morrison (Il . Reg
. No . 6279301)
Great Rivers Environmental Law Center
705 Olive Street, Suite 614
St
. Louis, MO 63101-2208
Phone
: (314) 231-4181
Fax: (314) 231-4184
Attorneys for petitioners
ORIGI\AL
CERTIFICATE OF SERVICE
MAR 1 3 2007
The undersigned certifies that on the
\oZ 1-~- day ofA(0.
.2ATATE O F2[)UNOIS
a complete copy of the foregoing document was served upon counsel fcrYN{%KAVqd)3oard
enclosing the same envelopes and depositing said envelopes, with first class postage fully
prepaid, in a United States post office box, addressed to
:
Donald J . Moran
Penni S . Livingston
Pedersen & Houpt
Livingston Law Firm
161 North Clark Street
5701 Perrin Road
Suite 3100
Fairview Heights, IL 62208
Chicago, IL 60601-3224
John T
. Papa
Callis, Papa, Hale, Szewczyk & Danzinger, PC
1326 Niedringhaus Avenue
Granite City, IL 62040
RE
CLERK'S
'a9VED
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BQECEIVED
CLERK'S OFFICE
MAR 1 3 2007
STATE OF ILLINOIS
Pollution Control Board
AMERICAN BOTTOM CONSERVANCY, and
SIERRA CLUB,
Co-Petitioners,
V .
CITY OF MADISON, ILLINOIS, and
WASTE MANAGEMENT OF ILLINOIS, INC .,
Respondents .
!GINAL
)
)PCB
(Pollution Control Facility
Siting Appeal)
PETITION FOR REVIEW OF POLLUTION CONTROL
FACILITY SITING APPROVAL
Co-Petitioners American Bottom Conservancy and Sierra Club, pursuant to §
40
.1(b) of the Environmental Protection Act (the Act) (415 ILCS 5/40
.1), petition the
Board for a hearing to contest the approval by the City of Madison, Illinois, on
February 7, 2007, of an application for siting approval for the North Milam Recycling
and Disposal Facility ("Application") .
Co-Petitioners
1
. American Bottom Conservancy (ABC), an Illinois not-for-profit
corporation, is a volunteer, grass-roots organization based in metropolitan East St
.
Louis, Illinois
. ABC works to protect Illinois natural and cultural resources, with
particular emphasis on wetlands and the American Bottom floodplain of the
Mississippi River
. A primary concern of ABC is the preservation of natural areas
and the environment in and around Horseshoe Lake State Park and Cahokia Mounds
World Heritage Site . ABC is also committed to the proper siting and operation of
solid waste disposal facilities .
2
. ABC is a membership organization . ABC members travel on roads, walk
trails, observe nature, and fish in the vicinity of the proposed landfill and would be
impacted by the noise and smells emanating from the landfill and the possible
contamination by the landfill of Horseshoe Lake . Further, ABC has Native American
members who would be negatively impacted by the construction of a landfill where
Indian remains and mounds have been found-on land they consider sacred
.
3 .
ABC and its members participated in the public hearing before the City of
Madison . ABC brings this petition for review to redress its injuries and the injuries to
its members .
4 . Sierra Club is a nonprofit corporation incorporated under the laws of the
State of California
. Sierra Club is a membership organization, composed of more
than 700,000 members nationally, and more than 26,000
members in the State of
Illinois . From its founding in 1892, Sierra Club has been actively engaged in efforts
to preserve the natural values of the Mississippi River and its adjoining floodplains
.
These interests of Sierra Club and its members will be adversely affected by the City
of Madison's approval of the application
.
5 . Members of the Sierra Club Kaskaskia and Piasa Palisades groups
participated in the public hearing before the City of Madison
. Sierra Club files this
petition for review on its own behalf and on behalf of its members
.
Respondents
6 .
Respondent City of Madison, Illinois, approved the Application for siting
approval for the North Milam Recycling and Disposal Facility .
7
. Respondent Waste Management of Illinois, Inc
., is the applicant.
Proceedings before the City of Madison
8 . On September 22, 2006, Respondent Waste Management of Illinois, Inc
.
("WMII" or "Applicant"), filed an application with the City of Madison for siting
approval pursuant to §39 .2 of the Act of a pollution control facility, specifically an
2
expansion of WMII's Milam Recycling & Disposal Facility located in Fairmont City,
St
. Clair County, to be called "North Milam," located in the City of Madison,
Madison County, Illinois .
9 . The proposed landfill site is within 2100 feet of the Cahokia Mounds
National Historic Landmark boundaries . Cahokia Mounds is a UNESCO World
Heritage Site as well as a state historic site . Cultural artifacts, Indian mounds and an
ancient skull have been found on and around the site of the proposed landfill .
10
. The proposed landfill is to be located on 18 acres of wetlands .
11
. The area surrounding the proposed landfill includes Horseshoe Lake State
Park and Lake, visited by 360,000 people annually and used for both recreational and
subsistence fishing, walking and nature trails, and a campground . There is open
space, farmland, wetlands and Eagle Park Marsh-listed on the Illinois Natural Areas
Inventory
.
12. A public hearing was held on the Application on December 21 and 22,
2006.
13 . On February 6, 2007, the Aldermen of the City of Madison approved the
Application . According to the Deputy City Clerk, the City's written decision is set
forth in the minutes of the Madison City Council meeting of February 6, 2007, and
that there is no other written decision or ordinance of the City concerning the
Application . The minutes of the Madison City Council meeting of February 6, 2007,
are attached to this petition as Ex . 1 .
Count I -
Fundamental Fairness
14 . Co-petitioners incorporate by reference paragraphs I through 13 above
.
15
. The proceedings of the City of Madison, including the City's pre-hearing,
hearing, and post-hearing procedures, and the City's decision-making process, as well
as the action of the City taken on February 6, 2007, were defective, unlawful, and not
fundamentally fair for reasons including those set forth below .
3
16. On June 13, 2006, the City of Madison passed Ordinance 1670 governing
the procedures for a public hearing for siting a pollution control facility
. The City did
not make the ordinance available for inspection and copying online or at any public
library but, instead, sought to charge the public an excessive amount to obtain a copy .
The sums that the City sought to charge the public for access to the ordinance and for
other documents is not in accordance with fundamental fairness or fair public process
.
Further, in light of the excessive sum the City sought to charge for a copy of
Ordinance 1670, the City should have borne the burden of including Ordinance 1670
within the record .
17. Before the public hearing, the City gave to ABC and Sierra Club
inaccurate information about the manner in which the City would conduct the public
hearing . Further, before and during the hearing, the City repeatedly changed its rules
governing the conduct of the proceedings and improperly excluded evidence offered
by ABC and Sierra Club . These actions of the City negatively affected the manner is
which co-petitioners examined witnesses at the hearing, and negatively affected the
ability of ABC and Sierra Club to make a full record for review .
18. At the hearing petitioners sought to cross-examine Waste Management's
expert on compatibility about the archeological findings, but were told archeology
was not a part of the siting process. Further, Native Americans testified during the
public hearing in opposition to the application . Further, letters from the Powell
Archaeological Research Center and the Cahokia Archaeological Society were
submitted to the City during the public comment period opposing the siting approval
.
Also submitted during the public comment period was a letter from the firm hired as
archeological consultant by Waste Management, accompanied by a lengthy report .
The day after the City Council voted to approve the Application, the City's Mayor
wrote the two archeological organizations stating that the City reviewed the material
provided by the consultant and that the report contradicted the contentions of the
4
archeological organizations
. By submitting the report after the close of the public
hearing, petitioners were unfairly denied the opportunity to examine the material and
cross-examine the consultant producing the report, and to rebut the conclusions of the
report .
19
. At the hearing petitioners sought to examine Waste Management's
consultant on the compatibility of the proposed facility and the wetlands at the site,
but were told that wetlands was not part of siting . Yet, after the close of the public
hearing, Waste Management's wetlands consultant submitted a letter and a lengthy
report on wetlands during the public comment period
. Petitioners were unfairly
denied the opportunity to examine the material and cross-examine the consultant
producing the report.
20 . The City of Madison failed to respond, weigh, or otherwise acknowledge
opposing views, comments and facts offered in opposition to the application
.
21 . By merely voting to approve the application and failing to put in writing
the reasons for its vote, the City of Madison failed to create an adequate record of its
decision
. (Petitioners recognize that the action by the City of Madison does not fulfill
the regulatory requirements for siting approval
.)
Relief Requested
Wherefore, American Bottom Conservancy and Sierra Club respectfully
request that the Illinois Pollution Control Board set this matter for hearing and
discovery, that the City of Madison's approval of the application be reversed and the
application denied, and for such other and further relief as the Board deems just and
appropriate .
Count II - Failure to Meet Siting Criteria
22
. Co-petitioners incorporate by reference paragraphs I through 21 above
.
5
23
. The City's approval of the application is against the manifest weight of the
evidence for the reasons set out below .
24 . The landfill is not necessary to accommodate the waste needs of the area it
is intended to serve because landfill capacity in the Metro East increased 28 per cent
from the previous year, providing enough capacity for the area for the next 19 years .
25. The facility is not located so that the public health, safety and welfare will
be protected because
:
A .
The landfill would be located in the American Bottom floodplain,
adjacent to the Cahokia Canal, less than three miles from the Mississippi
River;
B.
The landfill would be located on soils that have severe restrictions for a
sanitary landfill;
C.
The site is in the New Madrid Fault Zone ;
D .
The landfill would be located on fragile soils subject to liquefaction
;
E.
The proposed site is within 2000 feet of Horseshoe Lake State Park and
the lake itself, where there is both recreational and subsistence fishing,
hunting, picnicking, camping and walking and nature trails ;
F .
The base of the landfill would sit virtually on top of the water table
;
G .
There is the potential for groundwater contamination that could migrate
to Horseshoe Lake, the Cahokia Canal and the river
; and
H .
Toxic and noxious gases emanating from the landfill could easily impact
visitors to the state park, which sits immediately downwind of the
proposed landfill .
26 . The facility is not located so as to minimize incompatibility with the
character of the surrounding area and to minimize the effect on the value of the
surrounding property because the area surrounding the proposed landfill includes
Horseshoe Lake State Park and Lake, visited by 360,000 people annually and used
6
for both recreational and subsistence fishing, walking and nature trails, and a
campground
. There is open space, farmland, wetlands and Eagle Park Marsh-listed
on the Illinois Natural Areas Inventory . Further, the proposed site is just 2100 feet
from the Cahokia Mounds National Historic Landmark boundaries, a National
Historic Landmark and State Historic Site and an important American Indian Cultural
center that has been designated by UNESCO as a World Heritage Site and is an
important Illinois tourist attraction . Further, surveys conducted preliminary to the
filing of the Application produced evidence of ancient human remains, pre-
Columbian mounds and other features that are eligible for inclusion on the National
Register of Historic Places .
27 . The evidence in the record is insufficient to show that the proposed facility
is outside of the floodplain .
Relief Requested
Wherefore, American Bottom Conservancy and Sierra Club respectfully
request that the Illinois Pollution Control Board set this matter for hearing and
discovery, that the City of Madison's approval of the application be reversed and the
application denied, and for such other and further relief as the Board deems just and
appropriate .
Printed on Recycled Paper
Bruce A
. Morrison (Il . Reg. No. 6279301)
Great Rivers Environmental Law Center
705 Olive Street, Suite 614
St. Louis, MO 63101-2208
Phone: (314) 231-4181
Fax : (314)231-4184
Attorneys for petitioners
7
City Council Meeting
Minutes
February 6, 2007
Prior to the City Council meeting, Donohoo, McCauley & Associates made a presentation of the
2005-2006 audit to Council members at 6
:15 p .m.
The City Council meeting was called to order by Mayor Hamm
. Roll call was made and present
were Alderpersons Armour, Bridick, Grzywacz, Riskovsky, Hampsey, Vrabec, Gardner, and
Treadway .
At this time those present recited the Pledge of Allegiance
.
At this time a motion was made by Alderperson Armour, seconded by Alderman Treadway, to
NoneYeasapprove
:
.
Armour,
Motion
the minutes
carriedBridick,
of
.
the
Grzywacz,
regular meeting
Riskovsky,
held
Hampsey,
on January
Vrabec,
23, 2007Gardner,
. Roll call
and
vote
Treadwayas
follows
. Nays
:
:
At this time a motion was made by Alderman Vrabec, seconded by Alderman Bridick, to dispense
with
call votethe
reading
as followsof
the
: YeasCity
:
BillsArmour,
as each
Bridick,
Council
Grzywacz,
member
Riskovsky,
have a copy
Hampsey,
and approve
Vrabec,
the
Gardner,same
. Roll
and Treadway
. Nays : None . Motion carried .
At this time a motion was made by Alderman Vrabec, seconded by Alderperson Bridick, to allow
and
call
have
vote aswarrants
followsdrawn
: Yeason
:
the
Armour,
Treasury
Bridick,
for payment
Grzywacz,
of Claims
Riskovsky,
in the
Hampsey,
amount
Vrabec,
of $150,874Gardner,.83
. Roll
and Treadway . Nays: None
. Motion carried .
At this time, it was moved by Alderperson Armour, seconded by Alderman Bridick, to approve the
Comptroller's Report with correction
as noted. Roll call vote
as follows: Yeas: Armour, Bridick,
Grzywacz, Riskovsky, Hampsey, Vrabec, Gardner, and Treadway
. Nays: None
. Motion carried .
It was moved by Alderman Bridick, seconded by Alderman Treadway, to move Agenda Section
NoneVIII
.
.
New
Motion
Business,
carriedItem
.
D, to this part of the meeting
. Voice vote
as follows : Yeas : Eight. Nays:
It was moved by Alderman Grzywacz, seconded, by Alderperson Armour, to approve the Waste
Management Siting Application dated September 22, 2006
. Roll call vote
as follows: Yeas :
Armour,
Motion carriedBridick,
.
Grzywacz, Riskovsky, Hampsey, Vrabec, Gardner, and Treadway
. Nays
: None.
At this time, Mayor Hamm acknowledged Waste Managements District Manager along with other
staff who thanked the Council for approving the Siting Application
.
Mike Foley informed the Council that everything is moving along well with work that has been
scheduled .
It was moved by Alderperson Armour,'seconded by Alderman Treadway, to accept reports of
Department Officers . Voice vote as follows: Yeas: Eight
. Nays: None . Motion carried
.
It was moved by Alderman Vrabec, seconded by Alderman Hampsey, to approve the May 1, 2005
through April 30, 2006 audit as presented
. Roll call vote as follows : Yeas
: Armour, Bridick,
Grzywacz, Riskovsky, Hampsey, Vrabec, Gardner, and Treadway
. Nays: None
. Motion carried .
It was moved by Alderman Hampsey, seconded by Alderman Bridick, to approve request from
James Gardner to place 1530 2 nd Street up for surplus property
. Roll call vote as follows
: Yeas :
NaysArmour,
: NoneBridick,
. Motion
Grzywacz,
carried .
Riskovsky, Hampsey, Vrabec, and Treadway
. Abstain
: Gardner .
It was moved by Alderman Hampsey, seconded by Alderman Bridick, to approve request from Todd
Wise to place 1817 Wayne Lanter up for surplus property
. Roll call vote as follows
: Yeas :
Armour, Bridick, Grzywacz, Riskovsky, Hampsey, Vrabec, and Treadway
. Abstain: Gardner .
Nays: None. Motion carried .
Alderman Treadway informed the Council that he had met with a carpenter that is currently building
a Hooter's on Lindbergh in St. Louis
. The carpenter congratulated the City of Madison on the great
conditions of their baseball fields .
It was moved by Alderman Vrabec, seconded by Alderman Hampsey, to approve "A Resolution
Authorizing the Sale/Disposal of Certain Real Property" as Resolution No
. 07-01 . Roll call vote as
follows
: Yeas: Armour, Bridick, Grzywacz, Riskovsky, Hampsey, Vrabec, and Treadway
. Abstain :
Gardner. Nays: None . Motion carried
.
It was moved by Alderman Bridick, seconded by Alderman Hampsey, to place Miscellaneous
Business Item A on file. Voice vote as follows : Yeas : Eight. Nays: None
. Motion carried .
At this time, Mayor Hamm reported that the sewer system for the golf course was complete, and
Midwest Rack, in the same vicinity, is requesting connection to the sewer main . Mayor Hamm
stated the estimated cost is $108,000 and is recommending to the Council a 70/30 split
; the City
paying 70%, Midwest paying 30%, and is requesting approval to extend the offer
. It was moved by
Alderman Hampsey, seconded by Alderman Riskovsky, to allow Mayor Hamm to proceed with the
recommendation . Roll call vote as follows
: Yeas : Armour, Bridick, Grzywacz, Riskovsky,
Hampsey, Vrabec, Gardner, and Treadway . Nays: None. Motion carried .
It was moved by Alderman Hampsey, seconded by Alderman Treadway, to approve the purchase of
equipment and installation of camera system for the Canal Bridge at the cost of $4,765
.00 from
Wisper Wireless Internet . Roll call vote as follows : Yeas : Armour, Bridick, Grzywacz, Riskovsky,
Hampsey, Vrabec, Gardner, and Treadway . Nays
: None. Motion carried.
At this time, Mayor Hamm stated that the property behind Quik Trip on Skeen has been appraised at
$20,000, but the owner is asking $36,000 . Mayor Hamm requested approval to move forward with
negotiations for the property
. It was moved by Alderman Riskovsky, seconded by Alderman
Grzywacz, to concur with Mayor Hamm's request to negotiate . Roll call vote as follows
: Yeas:
Armour, Bridick, Grzywacz, Riskovsky, Hampsey, Vrabec, Gardner, and Treadway . Nays: None
.
Motion carried .
At this time, Mayor Hamm stated that the property behind Quik Trip on 6 0' Street is currently held in
an estate, but the owner has indicated a willingness to open the estate . Beth Hamm indicated that all
title work is clear
. It was moved by Alderman Hampsey, seconded by Alderman Vrabec, to instruct
Attorney Papa to look into opening the estate for the owner
. Roll call vote as follows : Yeas:
Armour, Bridick, Grzywacz, Riskovsky, Hampsey, Vrabec, Gardner, and Treadway
. Nays: None.
Motion carried
.
At this time, there being no further business to come before this Council, a motion was made by
Alderman Riskovsky, seconded by Alderman Bridick, to adjourn
. Voice vote as follows : Yeas :
Eight. Nays: None. Motion carried .
ORIGINAL
RECEIVED
OR
CLERK'S
OFFICE
MAR 1 3 2007
CERTIFICATE OF SERVICE
Pollution
STATE OFControl
ILLINOISBoard
The undersigned certifies that on the t)4" day
of'kk(tnk 1 2007,
a complete copy of the foregoing document was served upon counsel for respondents by
enclosing the same envelopes and depositing said envelopes, with first class postage fully
prepaid, in a United States post office box, addressed to
:
Donald J
. Moran
Penni S
. Livingston
Pedersen & Houpt
Livingston Law Firm
161 North Clark Street
5701 Perrin Road
Suite 3100
Fairview Heights, IL 62208
Chicago, IL 60601-3224
John T. Papa
Callis, Papa, Hale, Szewczyk & Danzinger, PC
1326 Niedringhaus Avenue
Granite City, IL 62040
