ILLIINOIS ENVIRONMENT
P
RECEIVED
CLERK'S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
JAN 0
if
2008
STATE OF
ILLINOIS
)nllution
Control Board
IN THE MATTER OF:
AS 08-003
)
(Adjusted Standard)
PETITION FOR ADJUSTED
STANDARD FROM 35 ADM. CODE
620.420 FOR NOBEL RISLEY'S
LANDFILL
#2
John Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
NOTICE
Penni S. Livingston
Attorney for Petitioner
5701 Perrin Road
Fairview Heights, IL 62208
Carol Webb
Hearing Officer
IPCB
1021 North Grand Ave. East
P.O. Box 19274
Springfield, Illinois 62794
PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the
Pollution Control Board a
RECOMMENDATION TO AMENDED PETITION FOR
ADJUSTED STANDARDS,
copies of which are herewith served upon you.
Respectfully submitted,
OTECTION AGENCY,
J es M. Kropid
D vision of Legal Counsel
1 21 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: January 2, 2008
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
IN THE MATTER OF:
AS 08-003
(Adjusted Standard)
PETITION FOR ADJUSTED
STANDARD FROM 35 ADM. CODE
620.420 FOR NOBEL RISLEY'S
LANDFILL
#2
RECEIVSD
CLERKS OFFICE
JAN 0 4 2008
STATE OF
ILLINOIS
?rn
lution
Control Board
RECOMMENDATION TO AMENDED PETITION FOR ADJUSTED STANDARDS
NOW COMES the Illinois Environmental Protection Agency ("Illinois EPA"), by one of
its attorneys, James Kropid, Assistant Counsel, and, pursuant to 35 Ill. Adm. Code 104.416,
hereby submits a recommendation to the Illinois Pollution Control Board ("Board") in response
to the Amended Petition for Adjusted Standards ("Amended Petition" or "Amend. Pet.") filed by
Nobel Risley's Landfill #2 ("Petitioner") on November 30, 2007. The Petitioner is seeking
adjusted standards from 35 III. Adm. Code Part 620.420 Class II groundwater standards
("groundwater standards") regarding chloride and sulfate. The Illinois EPA recommends that the
Board grant the adjusted standard request for chloride and deny the adjusted standard request for
sulfate. In support of this recommendation, the Illinois EPA states as follows:
BACKGROUND
1.
The Petitioner is seeking a certificate of closure from the Illinois EPA for Nobel
Risley's Landfill #2 is located in Franklin County near the town of Benton.
2.
The Amended Petition requests an increase in the groundwater standards for
chloride from 200 milligrams per liter (mg/L) to 600 mg/L and an increase in the groundwater
standards for sulfate from 400 milligrams per liter (mg/L) to 4,500 mg/L.
1
3.
The Board has not yet accepted the Amended Petition and has made no finding as
to whether the Amended Petition satisfies the content requirements of Section 104.406 (35 III.
Adm. Code 104.406).
4.
This recommendation is submitted pursuant to a November 26, 2007, Board
Order, which set the due date for the Illinois EPA recommendation before or on January 7, 2008.
RESPONSE TO CERTAIN FACTS PRESENTED IN THE AMENDED PETITION
5.
Petitioner states that Nobel Risley's Landfill #2 ("Landfill") is "centrally situated
on a 38-acre parcel of land", with "a smaller trench-filled area to the north, comprising of
approximately 0.4 acres. The permit number is 1980-21-DE/OP." Amend. Pet.
at 3. In fact, the
portion of the 38 acres utilized was the southern, not central, 1/3 of the acreage. Additionally,
the smaller trench-filled area to the north was outside of the permitted boundary and not covered
by the permit.
6.
The Amended Petition sets forth the specific permit requirements for the
construction of the Landfill (Amend. Pet.
at 4) but does not state if Petitioner actually followed
these requirements when constructing any or all portions the landfill.
7.
Petitioner states that "Specific areas were designated where the landfill would
operate by trenches", and that "The trenches in Area 1 ran north and south with the first trench
being excavated along the west property line with the operation moving in an easterly direction."
Amend. Pet. at 4. In fact, the east-west running trenches started at the south end of the site and
ran from the south to the north.
8.
The Amended Petition describes "both landfill areas" as being closed. Amend.
Pet. at 5. However Petitioner does not mention, or make reference to any landfill, other than
Nobel Risley's Landfill #2, in the Amended Petition.
2
9.
Petitioner states that "It is important to consider that a request for remediation of
the Landfill has never been made to the IEPA." Amend. Pet. at 11. Although the Illinois EPA
has made no specific remediation requests related to chloride or sulfate concentrations in the
groundwater, several compliance issues, including the proper construction of trench seals, have
been associated with this Landfill. On September 8, 1988, counsel for Nobel Risley, Jr. & Sons,
Inc. sent Illinois EPA a letter stating that the normal operation of the Landfill would cease while
the facility was brought into technical compliance. (See Exhibit 1). Although about two-thirds of
the design capacity remained at the Landfill, the owners apparently decided to leave it closed
rather than bring the site up to the required compliance standards.
10.
Lastly, Petitioner maintains that the addition of the adjusted standard request for
sulfate in the Amended Petition was at the suggestion of the Illinois EPA. (Amended Petition at
1) In discussions with the Petitioner, the Illinois EPA mentioned the fact that sulfate
concentrations, as well as chloride concentrations, would be a certification of closure issue. The
Illinois EPA however did not provide a suggestion as to how this issue could be resolved.
SECTION 104.406 FACTORS FOR THE CHLORIDE REQUEST
11 . In order for the Board to grant the request for an adjusted standard increasing the
allowable limit of chloride Petitioner must satisfactorily address all informational requirements
set forth in Section 104.406 of the Board's procedural regulations (35 Ill. Adm. Code 104.406).
The Illinois EPA must respond to each issue raised by these requirements.
Section 104.406(a) — Standard from which adjusted standard is sought
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
Section 104.406(b) — Regulation of general applicability
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
Section 104.406(c) — Level of justification
3
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
Section
104.406(d) — Petitioner's activities
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
Section 104.406(e) — Efforts necessary to comply
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
Section 104.406(f) — Proposed adjusted standard
In the Illinois EPA copy' of Exhibit 1 of the Amended Petition, dated November 7, 2006,
and titled "Technical Justification for Adjusted Standard for Chlorides in Groundwater",
Petitioner requested an adjusted standard of 2,500 mg/L for chloride. The Illinois EPA does not
agree with the 2,500 mg/L request as found in the November 2006 Exhibit.
The Amended Petition, however, requests an adjusted standard for chloride of 600 mg/L
(Amend. Pet. at 1 and 16); the Illinois EPA does not disagree with this request.
Section 104.406(g) — Quantitative and qualitative impact on the environment
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
Section 104.406(h) — Justification of the proposed adjusted standard
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
Section 104.406(1) — Consistency with federal law
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
Section 104.406(j) — Hearing
The Illinois EPA defers to the Board and the Board's November 1, 2007, Order stating
that the Petitioner has waived its right to a hearing and that any informational deficiencies should
be addressed in the Amended Petition.
Section 104.406(k) — Supporting documents
The Illinois EPA received its copy of this document on or about November 20, 2006.
4
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
Section 104.406(1) — Additional Information
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
SECTION 104.406 FACTORS FOR SULFATE REQUEST
12. In order for the Board to grant the request for an adjusted standard increasing the
allowable limit of sulfate Petitioner must satisfactorily address all informational requirements set
forth in Section 104.406 of the Board's procedural regulations (35 Ill. Adm. Code 104.406). The
Illinois EPA must respond to each issue raised by these requirements.
Section 104.406(a) — Standard from which adjusted standard is sought
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
Section 104.406(b) — Regulation of general applicability
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
Section 104.406(c) —
Level of justification
The Illinois EPA does not take issue with the Petitioner's statements as to the required
level of justification.
Section 104.406(d) — Petitioner's activities
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
Section 104.406(e) — Efforts necessary to comply
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
Section 104.406(1) — Proposed adjusted standard
The Illinois EPA does not believe the proposed adjusted standard should be granted by
the Board in its present form as the Petitioner has not provided sufficient justification to warrant
issuance of the adjusted standard.
Section 104.406(g) — Quantitative and qualitative impact on the environment
5
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
Section 104.406(h) –
Justification of the proposed adjusted standard
The Illinois EPA does not believe the Petitioner has met the required level of
justification. Specifically, there is no justification for the request for an adjusted standard of
4,500 mg/L for sulfate.
The sulfate adjusted standard has been requested due to potential impacts in well G104.
(Amended Petition at 11) The highest sulfate concentration monitored in this well was
approximately 3300 mg/L in January 2000 (See Table B-1 of Appendix B at Exhibit 2).
Subsequent monitoring showed a decreasing trend to approximately 2100 mg/L in September
2004, when the operator ceased monitoring. A sample taken from this well in May 2007 yielded
a sulfate concentration of 941 mg/L. Table B-1 indicates that the overall average concentration
of sulfate for all wells is 840 mg/L.
The data set from G104 was statistically evaluated. Prior to statistical evaluation, the
data set was evaluated for distribution, seasonality and outliers. (See Exhibits 2, 3 & 4). The
data set was normally distributed, showed no seasonality and one outlier was found. The outlier
was identified as the value (941 mg/L) from the final sample taken in May 2007. Outliers should
not be eliminated from the data set unless it is demonstrated that the value is in error (e.g.,
sampling or laboratory error). There was no independent check on this value to indicate error;
and, as it is part of a downward trending data set, it is considered a valid observation and was
retained in the set for statistical evaluation.
The decreasing trend in G104 was verified using Mann-Kendall/Sen's Slope at 95%
confidence. (See Exhibit 5) Intra-well prediction limits were developed using all data (21
observations), the last 12 quarters and the last 8 quarters. (See Exhibit 6) All results were
significantly lower than the proposed adjusted standard of 4500 mg/L.
6
The Amended Petition provides no meaningful rationale as to the appropriateness of a
4,500 mg/L standard. This is a crucial omission given the fact that the technical data points to a
significant downward trend in sulfate concentrations.
Section 104.406(i) — Consistency
with federal law
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
Section 104.406(j) — Hearing
The Illinois EPA defers to the Board and the Board's November 1, 2007, Order stating
that the Petitioner has waived its right to a hearing and that any informational deficiencies should
be addressed in the Amended Petition.
Section 104.406(k) — Supporting documents
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
Section 104.406(1) — Additional Information
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
COMMENT ON SECTION 28.1(C)
13.
Petitioner must also demonstrate to the Board that the provisions of Section
28.1(c) of the Illinois Environmental Protection Act ("Act") (415 ILCS 5/28.1(c)) are met.
14.
In an attempt to explain how the factors relating to the Landfill are substantially
and significantly different from the factors relied on by the Board in adopting the general
regulation as required by Section 28.1(c)(1) (Amend. Pet. at 8), Petitioner states that "Mr. Riley
would like to obtain a certification of closure" and that the Landfill cannot obtain closure without
the granting of these adjusted standards. However Petitioner does not clearly show how the
circumstances of Mr. Risley are substantially or significantly different from any other landfill
owner or operator in the State of Illinois who must also contend with the general regulations
prior to obtaining a certificate of closure.
7
CONCLUSION
WHEREFORE the reasons more fully set forth herein, the Illinois EPA respectfully
recommends that Petitioner's request for an adjusted standard for chloride be granted; but
because there is no justification for the request for an adjusted standard of 4,500 mg/L for
sulfate, the Illinois EPA respectfully recommends that Petitioner's request for an adjusted
standard for sulfate be denied.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
'
Ja is . Kropid
A istant Counsel
D ision of Legal Counsel
1 21 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: January 2, 2008
This fil
ing submitted on recycled paper.
8
JAMES E. FORD
11:11 W000 BUTLDINC
110(10/1.11. 09111
mq
011ea 1
RICHARDC.KOR117
101 I. IMMXLR
MISR. IL S4
10414111
Illinois Environmental Protection Agency
Division of Land Pollution Control
*24
Field Operation Section
2200 Churchill Road
P.O. Box 19276
IL 62702-3498
Risley, Noble
Franklin County Case
This letter is to confirm our telephone conversation of this 8th
day of September, 1988. Risley Trash has this date received a
copy of the Judgment Order entered in Franklin County Case #85-
CH-63, which effectively enjoins the
operation of the landfill
until it is brought into compliance with the Illinois
' Enwironmen-
tal Protection Act.?
I have
this date advised
Noble Risley, Jr. &
Sons,
Inc. to cease operation of the landfill for
the use of ac-
cepting refuse.
Noble Risley,
Jr.&
Sons, Inc.,
will
continue the operation of the
landfill
?
facility for the sole
purpose of bringing the facility
into compliance with F.P.A. regulations.
At this time Risley
,
is
doing earth work to build the proper seals to-brihs
'the
facility
into
compliance.'
IT you haynnYAUeition, -Plessa,'Cohtact
PCelv.
SEP 1 2 1988
IEPA•DL.PC
EXHIBIT
2
Shapiro Wilk Normality Test, alpha' 0.01
009
311100
?
FAIr.?
401?
blot AS104
.1
11
?
Tautly 12925
?
DILI role nflry
true 12/411/7
Lnnv 104 )101
Vier
MIcy.2
0104?
1n-211
Nene
0?9106
0?et 3
true
square rOot1r/
0?9420
0.073
true
equarebd
4.0849
0
?
573
true
Cube
?toOt 1
5
)
0?9397
0 .
a 7 3
true
cutelnl
0.5215
0?673
false
151)0
0?5337
0?073
true
4C4
0.7052
false
0.704
0.073
table
0 en
(else
Shapiro Wilk Normality Test, alpha=0.01
Crinsmuent SIM rATE 1/6101 `an (MGR ns sDal?
dli117( o
+m I e
1)air 1215105?.5 PM Cl
ient 14.i
:
1 ,1.11 ,0 4e Vice
.
rlitef
-1.200
100
300
0
0
Oct
1999
Jul 2003
May 2007
Original Deseas.
4000?
Original vs. Deseasonalized Data
_ Original
_Deseas.
4000
v.8.7.009. For regulatory purposes only EPA
EXHIBIT 3
SEASONALITY: G104
For the data shown, the Kruskal-Wallis test indicates NO SEASONALITY at the 5% significance level. Because the calculated Kn
statistic is less than or equal to the Chi-squared value, we conclude that no season has a significantly different median concentratior
of this constituent than any other season.
Calculated Kruskal-Wallis statistic = 4.393
Tabulated Chi-Squared value = 7.815 with 3 degrees of freedom at the 5% significance level.
There were 0 groups of ties in the data, so no adjustment to the Kruskal-Wallis statistic (H) was necessary.
Constituent: SULFATE, DISSOLVED [MG/L AS SO4] 0
Facility:
Landfill X Data
File: risley
Date: 1215/07, 3:45 PM Client:
Regulatory Use View:
risley2
v.8.7.009. For regulatory purposes only EPA
EPA OUTLIER TEST
G104
EXHIBIT 4
400
300
)-
‘51i
1
1
i
f
I
'
%
\
i/
/i
-7-.
\\
\ •
LN
\
\
\'
e
■..'
I
n 21. Mean= 2161,
after outlier removal
2223.
Std. Dev. = 585.8, after
outlier removal 528.1.
Critical Tn = 2.58 ,
after outlier removal
2.557.
Statistical outliers
are shown as solid squares.
Data, after outlier removal,
were found to be normally
distributed.
Normality test used:
Shapiro Wilk.
W Statistic = 0.8849
W Quantile = 0.873
Oct 1999?
Jul 2003
?
May 2007
Note: EPA guidance directs that statistical outliers should not be removed or altered unless independent
evidenci
error exists.
Constituent: SULFATE, DISSOLVED [MG/L AS SO4] 0 Facility:
Landfill X Data
File: risley
Date: 12/5/07, 3:46 PM Client: Regulatory Use View:
risley2
300
Cr-1
0
CY)
Cr)
v.8.7.009. For regulatory purposes only EPA
SEN'S SLOPE ESTIMATOR
?
EXHIBIT 5
G104
400
100
,
• ♦
)
?
♦
•
•
•
•
•
ii
4
0
I
Oct 1999
n = 21.
Slope =
-
195.111
units per year.
Mann Kendall
statistic = -74.
Decreasing trend
significant at 95%
confidence level
(two tailed).
Critical value = -66.
Jul 2003
?
May 2007
Constituent:
SULFATE, DISSOLVED [MG/L AS SO4] 0?
Facility: Landfill X?
Data File: risley
Date: 12/5/07, 3:46 PM?
Client: Regulatory Use?
View: risley2
I
■
■
Predicted Limit
=
3677
?
400"
Limit=3677.
300
■ Background
♦ Compliance
200
v.8.7.009. For regulatory purposes only EPA
PARAMETRIC INTRA-WELL PREDICTION LIMIT
G104
Oct 1999
?
Jul 2003
?
May 2007
Background Data Summary: Mean=2161, Std. Dev=585.8, 0% nds, 21 obs. Normality test: Shapiro Wilk. W Statistic for bac
data = 0.9386, W Quantile = 0.873 at alpha = 0.01. Alpha used for construction of limit = 0.01,
based on user
-
set 'k' (future
values) of 1.
Constituent: SULFATE, DISSOLVED [MG/L AS SO4] () Facility:
Landfill X Data
File: risley
Date: 12/5/07, 3:47 PM Client:
Regulatory Use View:
risley2
SUMMARY STATISTICS
C99494441
?
51
n5SOLVlo
?D 5MC1,
isoalp
4,444 1.914911 X
?
mm He: nsl
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I
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?
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For
.
observa11501
1111 05/09,9 7, a ISIS 55of halo
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Si902P,
55.W.495
0104
11 11
941 5190
1161
2050
585.8
0.1859
4000?
Limit-3047.
3000
Pradi tPd Limit -
31147
■
Background
♦
Compliance
0?
L3200
0
U)
ay)
cp1100
0
Feb 2002
Sep 2004
May 2007
v.8.7.009. For regulatory purposes only EPA
PARAMETRIC INTRA-WELL PREDICTION LIMIT
G104
Background Data Summary: Mean=1867, Std. Dev=417.2, 0% nds, 12 obs. Normality test: Shapiro Wilk. W Statistic for bac
data = 0.9404, W Quantile = 0.805 at alpha = 0.01. Alpha used for construction of limit = 0.01, based on user-set 'k' (future
values) of 1.
Constituent: SULFATE, DISSOLVED [MG/L AS SO4] 0 Facility:
Landfill X Data
File: risley
Date: 12/5/07, 3:50 PM Client:
Regulatory Use View:
risley2
SUMMARY STATISTICS
SS(
?
6.1?I(
?
Ina W,. 1.404611%
?
1)44 514 ,IL,
Chen, 644041.}1.1,1
For
obscrvauons male Inv.,' 03/00002.1091091x00, a smniary of Om selecied Oa so
yvo
?
Mson
?
litgaewuagy,
6104
?
12
?
941? 2626?
1867
?
1955
Skanss
45541
v.8.7.009. For regulatory purposes only EPA
PARAMETRIC INTRA-WELL PREDICTION LIMIT
G104
4000
?
Limit=3467.
Predicted Limit
=
3467
3000
?
200
Cn
C)
O
5 100
0
?
0?
■
Background
♦ Compliance
0
Apr 2003
Apr 2005
?
May 2007
Background Data Summary: Mean=1900, Std. Dev=492.7, 0% nds, 8 obs. Normality test: Shapiro Wilk. W Statistic for bacl
data = 0.9282, W Quantile = 0.749 at alpha = 0.01. Alpha used for construction of limit = 0.01, based on user-set 'k' (future
values) of 1.
Constituent: SULFATE, DISSOLVED [MG/L AS SO4] 0 Facility:
Landfill X Data
File: risley
Date: 12/5/07, 3:51 PM
?
Client: Regulatory Use?
View: risley2
SUMMARY STATISTICS
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?
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?
4927
06531
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on January 2, 2008, I served true
and correct copies of a
RECOMMENDATION TO AMENDED PETITION FOR
ADJUSTED STANDARDS,
by placing true and correct copies thereof in properly sealed and
addressed envelopes and by depositing said sealed envelopes in a U.S. mail drop box located
within Springfield, Illinois, with sufficient First Class postage affixed thereto, upon the following
named persons:
John Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Penni S. Livingston
Attorney for Petitioner
5701 Perrin Road
Fairview Heights, IL 62208
Carol Webb
Hearing Officer
IPCB
1021 North Grand Ave. East
P.O. Box 19274
Springfield, Illinois 62794
ILLINOIS ENVIRONMENTAL P TECTION AGENCY,
Ja es M. Kropid
/
D ision of Legal Counsel
1 21 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: January 2, 2008
This filing submitted on recycled paper.