BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
PETITION OF BIG RIVER ZINC
CORPORATION FOR AN ADJUSTED
STANDARD UNDER 35 ILL. ADM. CODE
720.131(c)
AS 08-9
(Adjusted Standard-Land)
NOTICE OF FILING
To:
?
Pollution Control Board, Attn: John T. Therriault
100 West Randolph Street
James R. Thompson Center, Suite 11-500
Chicago, IL 60601-3218
William D. Ingersoll
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 N. Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, IL 62794-9274
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Pollution Control Board the attached Big River Zinc Corporation's Motion for Expedited Board
Decision, a copy of which is herewith served upon you.
Date: July 29, 2008
Jennifer T. Nijman
Nijman Franzetti LLP
10 S. LaSalle Street, Suite 3600
Chicago, IL 60603
312 251 5255
jn@nijmanfranzetti.com
Electronic Filing - Received, Clerk's Office, July 29, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
PETITION OF BIG RIVER ZINC
CORPORATION FOR AN ADJUSTED
STANDARD UNDER 35 ILL. ADM. CODE
720.131(c)
AS 08-9
(Adjusted Standard-Land)
BIG RIVER ZINC CORPORATION'S MOTION FOR
EXPEDITED BOARD DECISION
Pursuant to 35111. Adm. Code 101.512, Big River Zinc Corporation (BRZ), by its
undersigned counsel and for its Motion for Expedited Board Decision, requests that the Board
consider BRZ's Petition for Adjusted Standard by the scheduled Board Hearing date of
August 7, 2008 (or, in the alternative, by August 21
st). In support of its Motion, BRZ states as
follows:
1.
On April 1, 2008, BRZ filed a petition for adjusted standard under 35 Ill. Adm.
Code 720.131(c) ("Petition") seeking to amend a single condition of an existing adjusted
standard granted by the Board to BRZ in 1999 (AS 99-3). On May 15, 2008, the Board found
that BRZ had satisfied the jurisdiction requirement of providing newspaper notice of its Petition.
2.
The
Illinois
Environmental Protection Agency ("Agency") filed a Response to
BRZ's Petition on May 9, 2008, recommending that the Board grant BRZ's petition.
See Response, p.1; paragraph 10, p. 3; p. 5. The Agency confirms that the amended
condition requested by BRZ is identical to the condition granted by this Board in
In Re
Horsehead Resource and Development Company, Inc., AS 00-2, February 17, 2000. See
Response, paragraph 9, p. 3. The Agency made two suggestions that did not affect the Agency
Electronic Filing - Received, Clerk's Office, July 29, 2008
recommendation to grant BRZ's Petition. BRZ filed its Reply to the Agency, responding to the
Agency's suggestions, on May 22, 2008.
3.
On June 26, 2008, the Hearing Officer issued an Order directing BRZ to file an
amended petition responding to specific issues outlined by the Board, and allowing the Agency
21 days to file an amended recommendation. BRZ filed its Amended Petition on July 14, 2008.
4.
On July 28, 2008 the undersigned counsel conferred with counsel for the Agency
and was informed that the Agency has no comment to the Amended Petition and the Agency
confirmed its recommendation that BRZ's Petition be granted. Because the Agency has no
further comment and recommends granting the Petition, no material prejudice will result from
this Motion for Expedited Decision being granted.
5.
In its Amended Petition, BRZ explained that it was close to finalizing a washing
agreement with a supplier (Steel Dust Recycling) to deliver to BRZ approximately 1500 tons per
month of zinc oxide to be washed. BRZ stated that deliveries from Steel Dust Recycling could
begin as soon as BRZ's Petition was granted. Amended Petition at p. 2. Since that date, the
terms of the agreement with Steel Dust Recycling have been finalized and Steel Dust Recycling
would like to begin shipments to BRZ as soon
as
possible. In order to begin washing the EAF
zinc oxide, BRZ needs to make preparations such as scheduling employees to return to work and
readying the facility and equipment for operation. See attached Affidavit of George Obeldobel
in Support of Motion for Expedited Board Decision. As a result, time is of the essence to meet
the expectations of the supplier agreement.
Electronic Filing - Received, Clerk's Office, July 29, 2008
Jennifer T. Nijman
By:
WHEREFORE, BRZ respectfully requests the Board grant its Motion for Expedited
Board Decision and consider BRZ's Amended Petition for Adjusted Standard by the scheduled
Board Hearing date of August 7, 2008, (or, in the alternative, by August 2e).
Respectfully submitted,
BIG RIVER ZINC CORPORATION
Date: July 29, 2008
Jennifer T. Nijman
Nijman Franzetti LLP
10 S. LaSalle Street, Suite 3600
Chicago, Il 60603
312 251 5255
jn®nijmanfranzetti.com
Electronic Filing - Received, Clerk's Office, July 29, 2008
BEFORE TEE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER
ER OF:
PE OF
BIG RIVER ZINC
CORPORATION FOR AN ADJUSTED
STANDARD UNDER 35 ILL. ADM. CODE
720.131(c)
AS 08-9
(Adjusted Standard — Land)
AFFIDAVIT OF GEORGE
OBELDOBEL IN SUPPORT OF
MOTION FOR EXPEDITED BOARD DECISION
I, George Obeldobel, being first duly sworn on oath, depose and state as follows:
1.
I am over the age of 18 years and am a resident of Chesterfield, Missouri.
2.
The information in this Affidavit is based on my personal knowledge or belief in my
capacity as President and Chief Executive Officer of Big River Zinc Corporation ("BRZ"
or the "Facility") in Sauget, Illinois, and I would testify to such matters if called as a
witness.
3.
The facts cited in BRZ's Motion for Expedited Board Decision are true and correct.
4.
BRZ has finalized an agreement with Steel Dust Recycling to deliver to BRZ EAF zinc
oxide for washing. In order to prepare BRZ's Sauget facility to begin washing, BRZ will
need to retain employees and ready the facility. These activities will take approximately
3-4 weeks to complete.
1
Electronic Filing - Received, Clerk's Office, July 29, 2008
orge M.Obeidobel
resident & CEO BRZ
5. Specifically, BRZ will need to perform the following tasks to undertake washing
operations at the Sauget facility:
a) Call back 7 employees (or retain new employees) – BRZ's former employees have
not been working for BRZ since mid-2006;
b)
Conduct training – BRZ will train any new employees as required;
c) Clean out the entire system and dry run test all equipment;
d) Get all systems in place (safety, lab, accounting, record keeping, etc);
e)
Overhaul the Oxide washing filter press (requires rebuilding cylinders at a cost of
about $40,000 and 3 weeks work);
f)
Rebuild the pumps and install variable frequency drives on each pump;
g)
Provide compressed air, either by renting a cooling tower to run the main compressor,
or by renting a compressor more adequately sized for the job;
h)
Clean spaces to be used for handling the washed oxide.
i)
Update lab equipment and/or retain a part-time assayer to monitor assay results for
washed oxide and effluent;
j)
Purchase adequate safety supplies and spare parts to support the operation.
6. Time is of the essence as BRZ does not want to lose the washing contract with Steel Dust
Recycling. The contract could be lost if BRZ cannot begin washing for several months
since a long delay will force SDR to look for alternatives. BRZ cannot afford to begin
preparing the facility for washing until the Board issues its decision to amend the
condition in BRZ's existing Adjusted Standard Petition. BRZ seeks the Board's decision
in an expedited manner in order to meet Steel Dust Recycling's request to begin washing
as soon as possible.
FURTHER AFFIANT SAYETH NOT.
2
Electronic Filing - Received, Clerk's Office, July 29, 2008
No ary Public
My Commission Expires:
\\1(-)
01 / N 0
Subscribed nd Sworn to before me
on .1-uly, .2008.
OFFICIAL SEAL
SANDRA K ANDERSON
Notary Pubfic - Moto of Wools
My Commlision Explum Nov
I, 2010
Electronic Filing - Received, Clerk's Office, July 29, 2008
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached Big River Zinc Corporation's
Motion for Expedited Board Decision by electronic filing and by first class mail to the Clerk and
by first class mail upon the remaining parties:
Pollution Control Board
Attn: John T. Therriault
100 West Randolph Street
James R. Thompson Center, Suite 11-500
Chicago, IL 60601-3218
William D. Ingersoll
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 N. Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, IL 62794-9274
JenniferT \Nijman
Date: July 29, 2008
Jennifer T. Nijman
Nijman Franzetti LLP
10 S. LaSalle Street, Suite 3600
Chicago, IL 60603
312 251 5255
jn@nijmanfranzetti.com
{00004747.DOC}
Electronic Filing - Received, Clerk's Office, July 29, 2008