Peoria Disposal Company v. Illinois Environmental Protection Agency ("IEPA")
PCB No. 08-25 (Permit Appeal - Land)
The attached letter was submitted as public comment to the IEPA on March 7,2007.
It
does not appear that this letter is included in the Administrative Record in the instant case
filed by the IEPA on or about October 19, 2007 (compact disk of record). As a result, the
March
7,2007 letter and attachments referenced therein are being filed as Public
Comment in the above matter pending before the Illinois Pollution Control Board.
Thank you.
Peoria Families Against Toxic Waste and
Sierra Club, Heart
of Illinois Group
By,
HASSELBERG,
WILLIAMS,
SNODGRASS
& BIRDSALL,
GREBE,
L
David L. Wentworth II
One
of their attorneys
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
Hasselberg, Williams, Grebe, Snodgrass & Birdsall
Attorneys and Counselors
Michael R. Hasselberg
Raymond
C.
Williams
James
R. Grebe
Kenneth M. Snodgrass, Jr.
Charles
J. Urban
David
L.
Wentworth II
Alison E. McLaughlin
Boyd O. Roberts III
William P. Streeter
124 S.W.
Adams Street, Suite 360
Peoria,IL 61602-1320
Telephone: 309-637-1400
Facsimile: 309-637-1500
www.hwgsb.com
March 7,2007
Lisa R. Barbee
Emily R. Vivian
Derek A. Schroen
John
G. Dundas
Sandra J. Birdsall
OfCounsel
Chester L. Anderson
(1906-2001)
Illinois Environmental Protection Agency
Government
&
Community Affairs
Attn: Mara McGinnis
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
RE:
Public Comment for Class 3 Permit Modification Request to Develop and Operate
a Residual Waste Landfill (Peoria Disposal Company)
Dear Ms. McGinnis:
Please be advised that we represent Peoria Families Against Toxic Waste and the Sierra
Club, Heart
of Illinois Group, regarding numerous issues relating to Peoria Disposal Company's
PDC No. 1 Landfill.
Peoria Disposal Company ("PDC") has now filed a Class 3 Permit
Modification Request in which it seeks
to rename the PDC No. 1 Landfill as the "PDC No. 1
Residual Waste Landfill" and evade local siting authority for expansion. On behalf
of Peoria
Families Against Toxic Waste, and the Sierra Club, Heart
of Illinois Group, we respectfully request
that the modification request be summarily denied by the Agency.
PDC's Class 3 Permit Modification Request encompasses the identical site and facility
which PDC proposed to expand during the "Application for Local Siting Approval
of a Pollution
Control Facility" filed with the Peoria County Board (as the local siting authority) on or about
November
9, 2005. Attached hereto are copies of the Application title page, principal executive
officer's signature, table
of contents and page 1-1 describing the proposed expansion to consist of
"a vertical and approximately 8.2 acre horizontal expansion of the existing landfill (see Figure 1-1.)
... provide[ing] an additional 2,471,000 cubic yards
of airspace (cyas) or 2,224,000 tons of
capacity." The "facility" contemplated by PDC in the Class 3 Permit Modification presently before
the Agency was the identical "facility" for which expansion approval was overwhelmingly denied
by the Peoria County Board in May 2006. This fact is further borne out by reviewing the transcript
of the Class 3 Permit Modification Request PDC Environmental Management Facility public
meeting held on Friday, January 26, 2007 in the cramped hallways
of PDC Laboratories, Inc., a
copy
of which is attached The January 26, 2007 hearing transcript reveals that in PDC's own
words, this is the same expansion area proposed in the siting application; the Class 3 Permit
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
PFATW and HOrSC
Public Comment
Page 2 of6
Modification Request is the exact same
permit
request if PDC had won local siting authority from
the Peoria County Board (January 26,2007 transcript pages
9, 53).
During the January 26, 2007 public hearing, PDC representatives also candidly
acknowledged that a similar, previous Class 3 modification request which had been made to the
Agency had been denied by the Agency (January 26, 2007 transcript, pp. 49-51). PDC was also
confronted with the fact that the conditions PDC proposed during the local siting hearing were only
added to get its way with the Peoria County Board, not because it was interested in protecting
Peoria County citizens (January 26, 2007 transcript, pp. 62-64). Finally, at the hearing, PDC readily
acknowledged the truth
of one of the main reasons why the Peoria County Board overwhelmingly
rejected the local siting expansion application: that the uppermost aquifer, the aquifer
of concern, is
connected
to the San Koty aquifer (January 26,2007 transcript, p. 74).
PDC asserts,
as a part of its Class 3 Permit Modification Request, that the newly named
PDC
No.1 Residual Waste Landfill is exempt from local siting requirements pursuant to Section
3.330(a)
of the Act because it is the generator of the treatment residue and thereby not a new or
existing pollution control facility. In support thereof, PDC relies heavily on the Illinois Supreme
Court case
of Envirite Corp. v. Illinois Environmental Protection Agency and Peoria Disposal
Company, 158 Ill.2d 210, 632 N.E.2d 1035,
198 Ill. Dec. 424 (1994).
In
Envirite, the question was
whether a manufacturing company which produced hazardous waste was a "generator" within the
meaning
of Section 39(h) of the Act, and thereby subject to and required to obtain specific
authorization for that specific hazardous waste stream from the Agency. The hazardous waste in
question was received by PDC from the manufacturing company, and then PDC treated the
hazardous waste in its waste stabilization facility. Section 39(h) dictated that the "last to treat" the
hazardous waste is the "generator" for purposes
of Section 39(h) of the Act. PDC had a Section
39(h) authorization from the Agency for residue waste stream from the waste stabilization facility.
Therefore, the Illinois Pollution Control Board, and the Illinois Supreme Court, held that PDC was
the generator
of this specific hazardous waste stream, which PDC then deposited in its landfill.
There was no mention in the case that the landfill was a RCRA Part B Permitted landfill.
Whether PDC was a "pollution control facility" was not at issue before either the Illinois
Pollution Control Board or the Illinois Supreme Court in deciding the Envirite case. Furthermore,
the Envirite matter did not address, in any way, shape or form, whether Section 39(c)
of the Act
entered into any part
of the analysis.
The issue before the Agency regarding the Class 3 Permit Modification Request
of PDC
hinges upon whether PDC
No.1 Landfill, alone, or the PDC No.1 Landfill combined with the
waste stabilization facility, is a "pollution control facility". 415 ILCS 5/39(c). Stated differently,
because PDC is reaching capacity on its currently permitted facility, the question becomes whether
the area sought to be expanded constitutes a "new pollution control facility" within the meaning
of
Section 3.330(a) of the Act. The analysis is impacted by and the results become particularly telling
given the context and timing
of the Class 3 Request. Just last year, PDC attempted, and failed, to
obtain "local siting approval of a pollution control facility" (PDC's words, not ours), which was
denied. The context is further illuminated by the fact that the Peoria County Board voted 16-0
to
seek denial of the Class 3 Permit Modification Request by PDC to preserve the Peoria County
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
PFATW and HOISC
Public Comment
Page 3 of6
Board's authority to have a voice in local siting expansion applications (See Public Comment filed
by Peoria County dated March 2, 2007 attached).
In a very public and transparent way, Sierra Club, Heart
of Illinois Group, and Peoria
Families Against Toxic Waste have investigated all aspects
of the operation of Peoria Disposal
Company No. 1 located at 4349 Southport Road in Peoria, Illinois. Our groups are voluntary
associations with no profit interest who have expended whatever funds they have been able
to raise
on legal fees, website fees and expert fees. No compensation is paid to any member
of either group,
other than reimbursement for actual expenses. The Sierra Club, Heart
of Illinois Group, has a
membership
of approximately 850, and has actively participated in informing the public about the
operation
of the subject landfill since at least 1980. Peoria Families Against Toxic Waste has a
broad based membership, and during the proceedings before the Peoria County Board regarding
PDC's application for local siting approval, Peoria Families Against Toxic Waste operated a
website known
as www.notoxicwaste.org.This site is back on-line to address the issues raised by
PDC'sfiling of the TSCA coordinated approval application, as well as to RCRA permit applications
or modifications pending before Illinois EPA.
During the local siting hearing before the Peoria County Board, the www.notoxicwaste.org
website contained information regarding the pending application, Peoria County staff reports,
as
well as reports from our retained experts, Chuck Norris, P.G., and G. Fred Lee, Ph.D., and provided
links
to the Peoria County website, !EPA website, and U.S. EPA website (regarding ECHO, TRI
and other information). During the Peoria County Board proceedings, our combined groups were
responsible for the filing
of at least six substantive reports regarding the proceedings. These can be
found
(today)
at
the
following
link
on
the
Peoria
County
Board
website,
http://www.co.peoria.il.us/display.php?section=county&page=files&newDir=PDC Application,
under the Public Comments Section, where Chuck Norris,
G. Fred Lee, PFATW and Sierra Club are
referenced. One
of them, the Evidentiary Summary, is attached. Furthermore, under the "Other
Docs Filed" category, you can view the voluminous nature
of documentation filed by our groups
with the Peoria County Board before the local siting hearings began. Finally, a view
of the public
comment postings reveals how the operation
of this landfill is in the eye of the public, particularly
members
of the Peoria medical community. We hereby incorporated all of the above-mentioned
documents by reference into this Public Comment
as if fully set forth herein.
As you may know, Peoria Disposal Company appealed the denial
by the Peoria County
Board
of its local siting application to the Illinois Pollution Control Board, in Case No. 06-184. In
particular, we would like
to draw your attention to the motion filed by our groups to file an amicus
brief
in
the
appeal.
The
link
to
that
document
is
as
follows:
http://www.ipcb.state.il.us/documents/dsweb/Get/Document-54745/. As you can see from this
documentation, our groups were the only objectors at the Peoria County proceedings represented by
legal counsel, who cross-examined witnesses, who presented affirmative expert evidence and
opposition
to the application for siting approval, and who filed detailed briefs with the Peoria
County Board.
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
PFATW and HOISC
Public Comment
Page 4 of6
Our groups have are actively engaged in educating the public regarding the coordinated
effort by Peoria Disposal Company
to expand its facility with, or without, local siting authority, and
to expand its waste streams. We have issued press releases and postcard mailers to notify the public
of the pre-filing notice public meeting required to be held prior to PDC's filing of its Class 3 Permit
Modification Request with the Illinois EPA, the Illinois EPA public meeting held February 28, 2007
on the permit renewal, application filed in 1997, and the TSCA Coordinated Approval Application
pending with the U.S. EPA.
In short, our groups have become informed about the operation
of the hazardous waste
landfill in Peoria County and the potential impact on the health and environment
of Peoria County
citizens. Based on our education and understanding, the modification request should be denied.
In May 2006, the Peoria County Board voted 12-6 against expansion
of the PDC No. 1
Hazardous Waste Landfill, finding it was not needed, was unsafe and not protective
of the health,
safety and welfare
of the public, and was too incompatible with the surrounding residential area
comprising 53,190 people. The Peoria County Board cast this 12-6 vote in the face
of over 30
conditions either voluntarily agreed
to by PDC or suggested by Peoria County Staff during the
process. Even with these conditions, the Board still overwhelmingly voted NO. Nothing has
changed since the May vote, not the design, not the location, not the existence
of the San Koty
aquifer, not the existence
of over 53,000 people living within a 3 mile radius of the site. Nothing,
that is, other than PDC'stactics.
PDC now aggressively seeks a Class 3 Permit Modification
to render the whole local siting
process in Peoria County irrelevant, not just for the past May 2006 vote, but for any future
expansions
as well. The Illinois EPA would be the sole source of conditions and restrictions on the
facility, subject
to limited regulatory authority to even impose conditions to be the most protective
of the environment. This naturally is intended by PDC to increase the pressure on the Peoria
County Board to cave in
to the big corporate juggernaut and its legal maneuverings by agreeing to
exactly what was rejected in the May vote. PDC's current strategy is to so complicate,
so distort, so
confuse the process by throwing up new legal impediments that what was clearly rejected before on
the basis
of solid evidence suddenly appears acceptable and is embraced and approved.
The case, People
ex. reI. Madigan v. Dixon-Marquette Cement, Inc., 343 Ill.App.3d 163,
796 N.E.2d 205, 277 Ill. Dec. 490 (2003) involves interpretation
of section 21(d)(l) of the Act
which has language similar to that relied upon by PDC to exclude itself from local siting. Section
21 (d) deals with the prohibition on storage, treating or disposing of waste without a permit, while
PDC is trying
to modify an existing permit. Subsection (d)(l) provides that "no permit shall be
required for (i) any person conducting a waste-storage, waste-treatment, or waste-disposal operation
for wastes generated by such person's own activities which are stored, treated, or disposed within
the site where such wastes are generate...." As the case indicates, the Agency, the IPCB and courts
have interpreted that exemption from the permit requirement to apply only to "on-site facilities that
generate minor amounts
of waste that can be disposed of without a significant threat of
environmental harm." The case reviews the PCB's rational for limiting the exemption to minor
amounts
of waste. The reasoning of the Dixon-Marquette court deserves to be set forth, as follows:
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
PFATW and ROISC
Public Comment
Page 5 0[6
To be more precise, section 20 of the Act states this purpose to be
prevention of pollution or misuse of land arising out of improper waste
disposal. 415 ILCS 5/20 (West 2002). To achieve this end the legislature
established a permit system controlling waste-disposal activities. 415
ILCS 5/5, 39 (West 2002).
The intent of section
21
(d)(1) of the Act was
not to create a legislative loophole or gap in the permit system.
To allow
defendants' literal interpretation
of section 21 (d)(1) would result in
operators disposing their waste product or by-product indiscriminately,
without regard for the amount or type
of waste, and without accountability
for the resulting pollution
of our air, water, and other re-sources.
This
literal interpretation achieves nothing other than circumventing both the
permit system and the purposes
ofthe Act.
We therefore reject defendants'
interpretation
of the exemption.
*****
In our aim to harmonize section 21 (d)(1) of the Act with prOVISIOns
elsewhere in the Act, we construe section 21 (d)(1) as providing an
exemption to those on-site facilities that generate minor amounts ofwaste
that can be disposed ofwithout a significant threat ofenvironmental harm.
Accord Pielet Bros., 110 Ill. App. 3d 752, 66 Ill. Dec. 461, 442 N.E.2d
1374; Reynolds Metals,
108 Ill. App. 3d 156,63 Ill. Dec. 900,438 N.E.2d
1263; R.E. Joos,
58 Ill. App. 3d 309, 15 Ill. Dec. 878,374 N.E.2d 486.
We
recognize that the protection ofthe public interest is the central concern in
the storage, treatment, and disposal of waste, regardless of the party
generating the waste or the location in which it is being generated.
We
believe our decision here achieves a level
of unity between the purposes
and goals
of the Act and the statutory enactment as a whole.
*****
We believe that an amount of cement kiln by-product covering 30 acres
and extending 70 feet into the air is not a minor amount
of waste that can
be disposed
of without a significant threat of environmental harm.
Moreover, Dixon- Marquette's disposal and storage
of its cement kiln dust
is a proper subject for a permit evaluation by the entity charged with the
duty
to prevent the pollution and misuse ofland (see 415 ILCS 5/20 (West
2002)), and the section 21(d)(I) exemption is inapplicable to defendants'
operation. Plaintiff has therefore pleaded a proper cause
of action.
Dixon Marquette (emphasis added).
Like Dixon-Marquette, PDC is attempting
to circumvent the pollution prevention provisions
of the Act and the permit system. But more than Dixon-Marquette, PDC is also attempting to
circumvent the local siting authority granted in Section 39(c) of the Act. The focus should not be
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
PFATW and HOISC
Public Comment
Page
60f6
on the identity and location of the waste generator, but on the disposal issues, including capacity
and expansion, associated with the waste. For these reasons and the others set forth herein, the
modification request should be denied.
Thank you for your consideration.
Very truly yours,
Peoria Families Against Toxic Waste and Sierra Club,
Heart
of Illinois Group
By,
HASSELBERG, WILLIAMS, GREBE,
SNODGRASS
&
BIRDSALL,
~c.
David L. Wentworth II
DLW/smh
Cc: Joyce Blumenshine, HOI Group Sierra Club; Kim Converse, Peoria Families Against Toxic Waste
W:\DLW\Land Use-Zoning\PDC Landflll\PUBLIC COMMENT.doc
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
Application For Local Siting Approval
Of A Pollution Control Facility
Back to top
PDC No.1 Landfill Expansion
Peoria County, Illinois
Novenlber 2005
Agent For Service of Notices:
Ron
L. Edwards
Vice President
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
AppIIcolkHt
for
Slttng
Approval
PEX: No. I lAndfill EJ:po1IJIiolJ
Pe6riD O>auIty. l/llnbu
PRINCIPAL EXECUTIVE OFFICER
SIGNATURE
PDC Project No. 91-0U3.02
Nuwm~r
]()()J
I hereby swear under oath that, as the principal executive officer ofPeoria Disposal Company, I have
read this application, I know the contents of
this
application. and each statement D'lJIde herein
is
true
in substance and in fact to the best of my knowledge.
For Peoria Disposal Company:
Vice President
Date: November 9, 2005
Peoria Disposal Company
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
Applicationfor Siting Approval
PDC No.1 Lan4fi// Expansion
Peoria County, Illinois
TABLE OF CONTENTS
Application for Siting Approval
PDC No. 1 Landfill Expansion
Peoria County, Illinois
VOLUMEl
SIGNATURE
EXECUTIVE SUMMARY
PDC Project No. 91-0143.02
November 2005
Table o(Contents Page 1
SECTION 1: THE EXPANSION OF THE PDC NO.1 LANDFILL IS NECESSARY TO
ACCOMMODATE THE WASTE NEEDS OF THE SERVICE AREA
SECTION 2: THE PROPOSED FACILITY IS LOCATED, DESIGNED AND
OPERATED TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE
2.1
Site Description, Location and Setting
Drawings
2.2
Geology and Hydrogeology
Tables
Figures
VOLUME 2
SECTION 2: THE PROPOSED FACILITY IS LOCATED, DESIGNED AND
OPERATED TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE
(continued)
2.3
Landfill Design and Construction
Tables
Drawings
2.4
Geotechnical Evaluation
Tables
2.5
Groundwater Impact Study
Figures
Tables
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
Application/or Siting Approval
PDC
No. I Landfill Expansion
Peoria County, Illinois
VOLUME 2
(continued)
PDC Project No. 91-0143.02
November 2005
Table
ofContents Page 2
SECTION 2: THE PROPOSED FACILITY IS LOCATED, DESIGNED AND
OPERATED TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE
(continued)
2.6
Groundwater and Leachate Monitoring
Tables
Figures
2.7
Landfill Closure and Post-Closure Care Plan
2.8
Design Assessment
SECTION 3: THE FACILITY IS COMPATIBLE WITH THE CHARACTER OF THE
SURROUNDING AREA AND HAS NO EFFECT ON THE VALUE OF SURROUNDING
PROPERTY
3.1
Land Use and Planning Analysis
Drawings
3.2
Real Estate Impact Study
SECTION 4: THE FACILITY IS OUTSIDE THE 100-YEAR FLOODPLAIN
Drawing
SECTION 5: THE PLAN OF OPERATIONS IS DESIGNED TO MINIMIZE DANGER
TO SURROUNDING AREAS
5.1
Overview
5.2
Operating Hours and Personnel
5.3
Waste Acceptance
5.4
Waste Handling
and Disposal
5.5
Leachate
Management
5.6
Other Environmental Controls
5.7
Access Control
5.8
Inspection
and Maintenance Plan
5.9
Operating Record and Routine Reports
5.10
Hazard Prevention and Emergency Response Plan
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
Application.for Siting Approval
PDC No.1 Landfill Expansion
Peoria County, Illinois
VOLUME 2
(continued)
PDC Project No. 91-0143.02
November 2005
Table o/Contents Page 3
SECTION 6: THE TRAFFIC PATTERNS ARE DESIGNED TO MINIMIZE IMPACT
ON EXISTING TRAFFIC FLOWS
6.1
Traffic Impact Study
6.2
Roadways Utilized
6.3
Waste Delivery Vehicles
6.4
Anticipated Traffic
SECTION 7: EMERGENCY RESPONSE PLAN
SECTION 8: THE FACILITY IS CONSISTENT WITH THE PEORIA COUNTY SOLID
WASTE MANAGEMENT PLAN
8.0
Introduction
8.1
Overview of The Peoria County Integrated Solid Waste Management Plan
8.2
1996 Peoria County Solid Waste Management Plan Five Year Update
8.3
2001 Peoria County Solid Waste Management Plan Five Year Update
8.4
Consistency of the Facility with the Peoria County Integrated Solid Waste
Management Plan and Five-Year Plan Updates
SECTION 9: THE FACILITY IS NOT LOCATED WITHIN A REGULATED
RECHARGE AREA
SECTION 10: APPLICANT INFORMATION
10.1
Corporate Information
10.2
Applicant Qualifications
10.3
Closed Solid Waste
Management Units
10.4
Insurance
SECTION 11: ADDITIONAL INFORMATION
VOLUME 3
SECTION 2 APPENDICES
2.2-1
ISWS & ISGS Potable
Water Well Records
2.2-2
Soil Boring Logs
and Well Completion Details
2.2-3
Slug
Test Data
2.2-4
Geotechnical, TOC, and CEC Data
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
Application/or Siting Approval
PDC No.1 Landfill Expansion
Peoria County, lllinois
VOLUME 4
SECTION 2 APPENDICES
(continued)
2.2-5
PVPWD Water Main Location Drawing
2.2-6
Peoria
County Coal Mine Information
2.2-7
Packer Test Data and Results
2.3-1
Design Drawings
- Trenches C-1 through C-4
2.3-2
Specifications
- Trenches C-1 through C-4
2.3-3
CQA Plan - Trenches C-1 through C-4
2.3-4
CQA Certifications - Trenches C-1 through C-4
2.3-5
As-Built Drawings
- Trenches C-1 through C-4
VOLUMES
PDC Project No. 91-0143.02
November 2005
Table o{Contents Page 4
SECTION 2 APPENDICES
(continued)
2.3-5
As-Built Drawings - Trenches C-1 through C-4
(continued)
2.3-6 HELP Model Description, Results and Summary
VOLUME 6
SECTION 2 APPENDICES
(continued)
2.3-7 Drawings and Details - Tank T-4
2.3-8
Wastewater Discharge Permit No. 01-1631
2.3-9
Stormwater NPDES Permit and Supplemental Correspondence
2.3-10
Stormwater NPDES Permit Renewal Application and Correspondence
2.3-11
Stormwater Calculations - Run-off, Ditch Sizing and Channel Lining
2.3-12 Sediment Basin Design Calculations
2.3-13 Macroencapsulation
Container Design Detail and Structural Evaluations
2.4-1
XSTABL
Computer Results
2.4-2
Internal Stability Results
2.4-3
Leachate
Standpipe Downdrag and Sump Settlement
2.4-4
Drawings
2.5-1
HELP Floor Liner Model
2.5-2
VS2DT Models
2.5-3
Leachate Analytical
Summary
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
Applicationjor Siting Approval
PDC
No.1 Landfill Expansion
Peoria County, JIlinois
VOLUME 6
(continued)
PDC Project No. 91-0143.02
November 2005
Table
ofContents Page 5
2.6-3
2.6-4
2.7-1
2.7-2
2.7-3
SECTION 2 APPENDICES
(continued)
2.6-1
PDC Laboratories, Inc. - General Groundwater Sampling Plan
2.6-2
Procedures for Establishing Background
Water Quality and Statistical
Comparisons
Monitoring Well Installation
and Development
Example
of Access Agreement
PDC No.1
Trust Agreement
October 2005 Financial Assurance Report to Illinois EPA
Hazardous Waste Facility Certificate of Liability Insurance
VOLUME 7
SECTION 3 APPENDICES
3.2-1
Sale
and Resale Data
3.2-2
Qualifications of Appraisers
SECTION 5 APPENDICES
5-1
Waste Handling Training Outline
5-2
PDC
No.1 Pre-Approval Waste Analysis Plan
5-3
PDC
No.1 General Waste Acceptance Criteria
5-4
PDC No.1 LDR Corroboration Frequency
5-5
PDC
No.1 Waste Receiving Process
5-6
Spill Prevention,
Control and Countermeasures Plan
5-7
Storm Water Pollution Prevention Plan
5-8
Inspection and Maintenance Plan
5-9
RCRA Contingency Plan
5-10
Emergency Coordination Agreements
SECTION 6 APPENDICES
6-1
Machine Count Summaries
6-2
Manual 8-Hour Turning Movement Counts
6-3
Data From PDC
6-4
Highway Capacity Analyses
- Software Output Summaries
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
Application for Siting Approval
PDC No. I Landfill Expansion
Peoria County, Illinois
VOLUME 7
(continued)
PDC Project No. 91-0143.02
November 2005
Table o(Contents Page 6
SECTION 6 APPENDICES
(continued)
6-5
Agency Correspondence
6-6
Crash Summaries for Data Provided by IDOT
6-7
Crash Summaries for Data Provided by Peoria County
6-8
Resume for Lee
Cannon, P.E., PTOE
6-9
Peoria County Highway Map
6-10
State Designated Truck Routes and Vehicle Limitations
6-11
Instructions to Haulers
SECTION 9 APPENDIX
9-1
PVPWD Regulated Recharge
Area Boundaries
SECTION 10 APPENDICES
10-1
Host Community Agreement
10-2
Peoria Disposal
Company Articles of Incorporation and List of Officers,
Directors
and Shareholders
10-3
Coulter Companies, Inc. Articles
of Incorporation and List of Officers,
Directors,
and Shareholders
10-4
Employment History
and Professional Qualifications - Officers, Directors,
Shareholders, and
Other PDC Employees
10-5
Summary of Lawsuits, Court Proceedings and Administrative Proceedings
10-6
Certificates
oflnsurance
SECTION 11 APPENDICES
11-1
Application
Preparers Not Employed by PDC
11-2
Qualifications
of Professionals Not Employed by PDC Responsible for Siting
Application Sections
and for Investigations, Studies, Designs, and
Construction Oversight Activities related to PDC No.1 Landfill Area C and
/ or PDC No.1 Landfill Expansion
11-3
List
of People Expected to Testify at PDC No.1 Landfill Expansion Siting
Hearing
11-4
Illinois EPA Certification
of Siting Approval Form (Form LPC PA8)
EXHIBITS
A. Permit Applications and Related Correspondence with U. S. EPA and Illinois EPA
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
SECTION 1
CRITERION 1
"The facility is necessary to accommodate the waste needs
of the area it is intended to serve"
415 ILCS 5/39.2 (a)(I)
Report on:
THE
EXPANSION OF THE PDC NO.1 LANDFILL
IS
NECESSARY
TO ACCOMMODATE THE WASTE NEEDS
OF THE SERVICE AREA
Prepared for:
Peoria Disposal Company
Peoria County, Illinois
Prepared by:
Golder Associates Inc.
2525 Tiller Lane
Suite 208
Columbus, Ohio 43231-2260
October 2005
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
October 2005
1.1 INTRODUCTION
I-I
Criterion 1 Need Report
Peoria Disposal Company
(PDq is proposing an expansion of the PDC No.1 Landfill located in
unincorporated Peoria County, Illinois. The 32.4 acre PDC
No.1 Landfill-Area C (existing landfill) is
a Part B permitted, Resource Conservation and Recovery Act (RCRA) Treatment, Storage and Disposal
Facility (TSDF). The existing landfill received its first authorization to operate in 1988 and
is expected
to reach capacity by the end of2008. The facility currently receives hazardous waste and non-hazardous
industrial waste from Peoria County and other communities throughout Illinois and from other states such
as Alabama, Arkansas, Indiana, Iowa, Kansas, Kentucky, Minnesota, Missouri, Nebraska, Ohio,
Tennessee, and Wisconsin.' The PDC
No.1 Landfill Expansion (PDC Expansion) consists of a vertical
and approximately 8.2 acre horizontal expansion to the existing landfill. (See Figure 1-1.) The PDC
Expansion will provide an additional 2,471,000 cubic yards
of airspace (cyas) or 2,224,000 tons of
capacity.2 The project period evaluated for this report was January 2009 - December 2023. The PDC
Expansion intends to provide long term disposal capacity for waste generated in Peoria County and other
communities in Illinois, and other states such as Arkansas, Iowa, Kansas, Kentucky, Minnesota, Missouri,
Nebraska, Tennessee and Wisconsin.
In
2004, the existing landfill received approximately 156,000 tons ofhazardous and non-hazardous
waste. The PDC Expansion expects receipt
of an average of 150,000 tons per year (tpy) of waste,
consisting
of90,000 tpy of listed hazardous waste, 10,000 tpy of characteristic hazardous waste treated
to RCRA Land Disposal Restrictions (LDR) standards prior to disposal, 20,000 tpy
ofMGP remediation
waste requiring disposal in Illinois at a hazardous waste landfill, and 30,000 tpy
ofnon-hazardous process
waste.
3
The PDC Expansion will not accept municipal solid waste, regulated radioactive waste,
potentially infectious medical waste or other materials which may not lawfully be disposed
of in RCRA
hazardous waste landfills.
PDC No. I landfill receipts for the years 1999 - 2004, provided by PDC, May 2005.
Personal correspondence with PDC Technical Services, May 2005.
LDR standards are
provided at 40 Code of Federal Regulations Part 268 and 35 Illinois Administrative
Code (lAC) Part 728.
Rc-PDC No.1 LF Expansion Need 10 1805
Golder Associates
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
Patrick Urich
County Administrator
. March 2, 2007
County of Peoria
County Administration
Peoria County Courthouse, Room 502
324 Main Street, Peoria, Illinois
61602
Phone (309) 672-6056 • Fax (309) 672-6054 • TDD (309)
672-6073
Email: purich@co.peoria.iI.us
Ms. Mara McGinnis
Illinois
EPA
1021 North Grand Avenue East
PO Box 19276
Springfield
IL 62794-9276
Re: Public Comment for Peoria Disposal Company Permit Modification Request
Dear Ms. McGinnis:
The Peoria County Board unanimously passed a resolution at their February 8, 2007
meeting to voice its opposition to Peoria Disposal Company's permit modification
submitted to IEPA on January 5, 2007. Enclosed is a copy of the resolution that
outlines the Board's position to oppose the request.
During the landfill application review process, a number of special conditions were
proposed by County Board and staff as well as PDC upon approval of the application.
Peoria County feels strongly that the imposition of these special conditions is the most
protective of the health, welfare, and safety of the residents of Peoria County. Staff
believes
that in the absence of these special conditions, the County could not support
the approval of PDC's siting application as filed on November 14,2005. The list of 31
special conditions is also attached.
Sincerely,
~L(/L
Patrick Urich
County Administrator
enclosures: Resolution and Special Conditions
)
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
TO THE HONORABLE COUNTY BOARD
)
)
COUNTY OF PEORlA, ILLINOIS
)
Your Health and Environmental fssues Committee
does hereby recommend passage of the
following Resolution:
RE:
Peoria Disposal
Company Class 3 permit modification
RESOLUTION
WHEREAS, Peoria Disposal Company has applied for a Class 3 permit modification to
allow their landfill in Peoria County to continue operation without the siting approval of the
Peoria
County Board; and
WHEREAS, the Peoria County Board has previously
denied sItmg approval for a
proposed extension
of Peoria Disposal Company's Peoria County landfill facility; and
WHEREAS, Peoria Disposal Company's application for a Class 3 permit modification is
identical to the application the
Peoria County Board denied, except that the proposed
modification would only apply to roughly
60%
of their current waste streams; and
WHER.EAS, Peoria Disposal Company's application for a Class 3 permit modification
does not include various conditions discussed during the proceedings before the Peoria County
Board and its subsidiary bodies; and
WHEREAS, the Illinois Environmental Protection Agency is currently accepting
public
comment on Peoria Disposal Company's application for a Class 3 permit modification.
NOW THEREFORE BE IT RESOLVED, that the Peoria County Board is opposed to
Peoria Disposal Company's pending application for a Class 3
pennit modification because
granting of the application would deprive Peoria County of local siting authority and would not
provide appropriate special conditions to protect the interests of Peoria County and its citizens.
The
County A<L.-ninistrator is directed to communicate to the IEP
A
that the County opposes
action that deprives Peoria County of authority and prevents Peoria County from imposing
conditions deemed appropriate by the Peoria County Board.
RESPECTFULLY SUBMITTED,
HEALTH AND ENVIRONMENTAL ISSUES CUMMITTEE
Date:
1/31/2007
Yes Votes
No Votes
Lynn
SCott
Pearson, Olairman
X
Patricia Hidden, VICe Chainnan
X
Bonnie
J.
Hester
X
Carol Trumpe
Absent
Phillip salzer
x
Vote Totals:
4
a
Recording Secretary: Patricia Sims
Resolution Passed
FEBRUARY 8, 2007
APPROVED BY A ROLL CALL VOTE
o:~~~l'D1Il'lrDC"""'---'"
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
AGENDA BRIEFING
COMMITTEE: Health
&
Environmental Issues
MEETING DATE: January 31, 2007 @ 3 p.m.
ISSUE:
LINE ITEM: n/a
A1.VI:OUNT:
County Board comments pertaining to Peoria Disposal Company'srequest for an IEPA pennit modification.
BACKGROUND:
On January 5,2007, Peoria Disposal Company submitted to IEPA a Class 3 permit modification, which would allow for the
continuation
of business without local siting permission from the county. A Class 3 permit modification is dermed as a
substantial change in the existing permit; examples include expansion, construction or a
new method of treatment.
PDC's primary argument is they are generators
of waste and fall under the exemption of a pollution control facility, i.e.
landfill. This defInition states that sites conducting a waste storage; waste treatment, waste disposal, waste transfer or waste
incineration operation, or a combination thereof, for wastes generated by such person's own activities, when
such wastes 'are
stored, treated, disposed of, transferred
or incinerated within the site or facility owned, controlled, or operated. by such
person, or when such wastes are transported within or between sites
or facilities own, controlled or operated by such person.
(451 ILCS 5/3.330(a)(3).
Supplementing their argument, Brian Meginnes stated that decisions
by the Illinois Supreme Court and Illinois Pollution
Control Board identified
PDC as the generator of waste.
The main difference between current operations and those requested in the permit modification is PDC would not be
allowed
to accept direct disposal ofhazardous waste or special waste. Only waste from their on-site treatment facility
would
be eligible for disposal. PDC estimates that only 60% (about 80,000 tons/year) of the current intake comes through
their treatment facility.
PDC stated that the permit modification request is the same application submitted to Peoria County for local siting review in
November 2005.
In summary, PDC would seek to expand their facility vertically by 45 feet, including expansion over cell
C-1, and horizontally by 8.2 acres. The permit modification PDC
applied for
in
January 2007 is the same permit
modification submitted to IEPA in 2006. IEPA denied PDC their request for not having a pre-application meeting. PDC
fulfilled this requirement with a hearing at PDC Labs on Friday, January 26,2007.
Next steps in permit modification request:
1. Public comment period open for 60 days from public notice
(115/07
-
3/5/07)
2. IEPA may deny request, which PDC can appeal
to the IPCB, or issue a draft permit
3.
IfIEPA issues a draft permit: requires a public notice, hearing, and a 30 day public comment session
4. Decision by IEPA to approve or deny application.
Staff Recommendation:
PDC's course of action circumvents local siting authority, disregards the Board's decision denying their application, and
, lacks special conditions which lead staff to recommend submitting a letter to IEPA opposing PDC's permit modification.
Committee Action: Approved on 1-31-2007
PREPARED BY: Karen Raithel
DATE:
January 26, 2007
DEPARTMENT: Recycling
&
Resource Conservation
R. STEVE
SON~JEMAKER
PEORIA
COU~HY
CLERK
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
Special Conditions
The following is a list of special conditions to Peoria Disposal Company's Application for
Local Siting Authority for a Pollution Control Site, These special conditions have been
proposed or recommended by: Staff
as documented in the initial Staff Report and the
Supplemental StaffReport; Peoria Disposal Company (Applicant) during the
public
hearings; and the Regional Pollution Control Site Hearing Committee from April 6, 2006.
The County Board may also impose any special conditions
to their decision.
1.
No Expansion over Trench C-l
(StaffReport, 3/27/06)
There shall be no vertical expansion over trench
C-1
unless PDC shall install an
intermediate composite liner and leachate collection system over
C-1
at or near
the existing cap elevation to effectively minimize leachate from reaching the
bottom
of Trench
C-1.
2.
Surface Impoundment
(Applicant Exhibit A-3, 2/21/06; StaffReport, 3/27/06)
PDC shall submit the permit modification within 90 days of siting approval to
replace the surface impoundment with additional storage tanks for management
of
all leachate from PDC No.1.
3.
Environmental Monitoring
(Applicant Exhibit A-3, 2/21/06; StaffReport, 3/27/06)
In
addition to its existing groundwater monitoring program, PDC shall implement
an ambient air monitoring program. The County shall be permitted
to obtain
samples from the ambient air monitoring equipment, the groundwater monitoring
systems, and stormwater collected in the stormwater outfalls.
4.
Leachate Collection Sumps
(Applicant Exhibit A-3, 2/21/06; StaffReport, 3/27/06)
PDC will install additional secondary containment in the existing primary
leachate collection sump manholes
as part of the design and construction of the
expanded landfill upon receiving approval from the Illinois EPA.
5.
C-l Sump Manhole Retrofit
(StaffReport, 3/27/06)
The retrofit design referred by Mr. Meginnes shall be included in the permit
application for the expansion permit and the
C-1 sump manholes shall be
retrofitted
if the vertical expansion is approved.
6.
Retain Low Permeability Material Over Capped Portions of Cell C-2
(StaffReport, 3/27/06)
PDC shall leave in place the low permeability materials over portion of cell C-2
that is already capped.
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
7.
Alternative Manhole Retrofit
(StaffReport, 3/27/06)
PDC shall include in its pennit application to the IEPA an alternative retrofit
design for manhole sumps for all other trenches that have manhole penetrations.
8.
Intermediate Liner
(StaffReport, 3/27/06)
PDC shall either utilize the existing cap (HDPE geomembrane) as an intermediate
liner
if analyses show that it will function properly relating to its geotechnical and
drainage characteristics, or install a separate intermittent liner at or near the
existing cap elevation
to effectively minimize leachate from reaching the bottom
of Trench C-l.
9.
Ambient Air Monitoring
(StaffReport, 3/27/06 and Supplemental StaffReport, 4/3/06)
PDC shall communicate all past measured methane concentrations and pressures
to the IEPA during the permitting process in order for the IEPA to determine
whether PDC shall design and install a system to manage methane vapors at the
facility. This also requires PDC
to submit to the County, for review and approval,
a plan for ambient air monitoring that would provide, at a minimum, for the
monitoring at such times and under such conditions
as would be expected to
create the greatest potential for detection
of airborne releases from the facility.
10. Methane Migration Planning
(StaffReport, 3/27/06)
Although methane gas pressures are minimal in the landfill, Staff believes that
PDC should include the potential
of methane migration to sump pits and other
confined areas
of the landfill in its health and safety program and contingency
plan.
11. Additional Groundwater Monitoring Wells
(StaffReport, 3/27/06)
Three (3) additional groundwater monitoring wells shall be installed
downgradient from Trench C along the compliance boundary. The additional
wells shall be located between existing monitoring wells R138 and
Rl13; Rl13
and R137; and G136 and R137. The wells shall be screened across the top ofthe
water table in the sand aquifer. The monitoring well screens and riser shall be
constructed
of materials that do not contain galvanized or stainless steel 10.
12. Construction Quality Assurance {CQAl Recommendations
(StaffReport, 3/27/06)
PDC shall follow and implement the CQA recommendations.
13. Leachate Collection System Inspections
(StaffReport, 3/27/06)
PDC shall inspect the leachate collection systems at the PDC Landfill throughout
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
the landfill operating period.
14.
Sediment Basin Energv Dissipators
(StaffReport, 3/27/06)
PDC shall construct energy dissipators at the stOTITIwater discharge points into the
sediment basin.
15.
Capacity Guarantee for Peoria County Generators
(Applicant Exhibit A-3, 2/21/06; StaffReport, 3/27/06)
Until June 1, 2021, PDC agrees to provide disposal capacity at the PDC # 1
Landfill for waste generators located in Peoria County for all Hazardous Waste,
MGP Remediation Waste and Nonhazardous Process Waste which is estimated
to
be generated by industry located within Peoria County'sboundaries.
16.
Additional Expansions Prohibited
(Applicant Exhibit A-3, 2/21/06; StaffReport, 3/27/06)
PDC shall not seek to expand the PDC Landfill vertically or horizontally again.
17.
Minimize Visual Impact - Screening Berm
(StaffReport, 3/27/06)
In order to address visual and noise concerns for residences to the east of the
proposed facility, the development
of the eastern portion of the landfill shall be
built in such a manner that visual barrier berms shall be placed and vegetated to
minimize view
ofthe landfill operations and to assist in minimizing possible noise
from reaching residences to the east. The County
Staff shall be given the right to
approve the berm and barrier design prior
to the design being submitted to IEPA
for a permit.
18.
Leachate Removal from Sumps
(StaffReport, 3/27/06)
Leachate will be automatically removed from all leachate manholes to maintain a
minimal risk
of leachate on the manhole liner. This is intended to minimize risk
of leachate leakage through liner components.
19.
Stormwater Detention Basin Testing
(StaffReport, 3/27/06)
The south stormwater detention basin shall be tested on a schedule identical to the
existing permit requirements for groundwater monitoring wells and for the
following indicator constituents: TDS (total dissolved solids), chloride, calcium,
bromide, sulfate, and sodium. PDC shall notify the County
of any statistically
significant upward trend in stormwater
concentration~.
20. Perpetual Care Fund
(StaffReport, 3/27/06,' Reg. Pollution Control Site Hearing Cmte, 4/6/06)
Effective upon PDC's receipt of a permit from Illinois EPA to operate the
proposed expanded landfill, PDC shall pay additional sums into a perpetual care
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
fund, on at least a quarterly basis equal to $5.00 per ton of the Expanded Volume
of Waste deposited in the PDC Landfill. Said payments shall be calculated based
upon he same information and figures used to calculate the Host Benefit
Fee
pursuant to Section 9 of the Host Community Agreement, and shall be subject to
the same documentation and verification requirement of the Host Benefit Fee.
Said Perpetual Care Fund shall be used exclusively for the care and maintenance
of the entire PDC site after the period of post-closure care for the expanded
landfill has been terminated by IEPA.
21. Minimum Annual Contribution to Perpetual Care Fund
(Supplemental
StaffReport} 4/3/06)
The issue ofPDC not disposing of the full 150,000 tons in a year or the full 2.2
million tons during the course
of any approved expansion raised the concern
about proper funding
ofthe Perpetual Care Fund. As a result, the language
proposed for the perpetual care fund
be modified so as to require PDC to
contribute to the fund with a minimum
of$750,000 per year for fifteen (15) years.
22. Additional $1 Million Post Closure Trust Fund Contribution
(Supplemental
StaffReport, 4/3/06)
PDC shall, within ninety (90) days of receipt of final, non-appealable local siting
approval, deposit
an additional $1 million into its financial assurance trust fund
for the facility. The
$1 million, and the earnings thereon, shall be in addition to
any and all other funds which lPEA may require pursuant to applicable financial
assurance requirements.
23. Signage
(StaffReport, 3/27/06)
PDC shall work with mOT to install an advance warning sign along State Route
8 at this location to alert motorists
of possible truck turning movements.
24. Designated Truck Route Notification
(StaffReport, 3/27/06)
PDC shall inform all haulers to and from the facility of the designated truck routes
in writing and PDC shall cooperate with local law enforcement agencies to
enforce the truck routing requirements on the surrounding roads.
25. Annual Emergency Planning Exercise
(StaffReport, 3/27/06)
PDC shall annually host a table-top meeting with appropriate emergency
responders from Peoria County as approved by the Peoria County Administrator.
This may include, but not be limited to, the Peoria County
Emergency Services
and Disaster Agency, Peoria County Highway Department, Peoria County
Sheriffs Office, Limestone Township Fire Protection District, with invitations to
attend forwarded to the City of Peoria Fire Department and the Illinois
Emergency Management Agency for their input.
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
~
..
26.
Annual
Mock Disaster
Drill
(Reg. Pollution Control Site Hearing Cmte, 4/6/06)
PDC shall annually have a mock disaster drill, with appropriate emergency
responders from Peoria County
as approved by the Peoria County Administrator.
This may include, but not be limited to, the Peoria County Emergency Services
and Disaster Agency, Peoria County Highway Department, Peoria County
Sheriffs Office, Limestone Township Fire Protection District, with invitations to
attend forwarded
to the City of Peoria Fire Department and the Illinois
Emergency Management Agency for their input.
27. Call Back System
(Reg. Pollution Control Site Hearing Cmte, 4/6/06)
PDC shall coordinate with E-911 in order to utilize the reverse 911 system and
is
responsible for contacting 911 if and when an emergency happens.
28. Waste Review Committee
(Supplemental
StaffReport, 4/3/06)
A review Committee shall be established by the County Board, which shall
consist
of seven (7) members. The Company shall not accept any new waste
codes at the Facility unless said new waste code has previously been approved
by
the Waste Review Committee established herein. The recommendation shall go
to the County Board, and the Board shall act on the recommendation at the next
regularly scheduled Board meeting more than five (5) days after receipt of the
recommendation.
29. Restrictions on Transfer
(Applicant Exhibit A-3, 2/21/06;
StaffReport, 3/27/06)
No transfer of a controlling interest in the ownership of the PDC landfill may be
made without the prior written approval
of the Peoria County Board.
30. No Rail Line Spurs
(Applicant Exhibit A-3, 2/21/06;
StaffReport, 3/27/06)
PDC shall not construct any rail line spurs from the rail lines adjoining
PDC~s
real
property to serve the PDC Landfill.
31. County Involvement in Permitting Process
(StaffReport, 3/27/06)
Peoria County, and its consultants, shall have the right to be involved in the initial
permitting for the horizontal and vertical expansion
of the PDC Landfill.
Electronic Filing: Received, Clerk's Office, December 3, 2007
* * * * * PC #6 * * * * *
