1. CERTIFICATE OF FILING AND SERVICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN
THE MATTER OF
)
RCRA DELISTING ADJUSTED STANDARD
)
PETITION OF PEORIA DISPOSAL COMPANY )
)
AS 08-10
(Adjusted
Standard - Land)
(RCRA Delisting)
Response
of Peoria Disposal Company
to Letter from Bill Mitchell, Dated August 11, 2008
NOW COMES Peoria Disposal Company ("PDC"), by its attorneys, Elias, Meginnes,
Riffle
&
Seghetti, P.C. and Brown, Hay
&
Stephens, LLP, and as and for its response to the
letter from Bill Mitchell, dated August
II, 2008, filed with the Clerk of the Pollution Control
Board on August
13, 2008, states as follows:
I.
State Representative Bill Mitchell filed a letter, dated August
II, 2008, with the
Clerk
of the Pollution Control Board on August 13,2008. In his letter, Representative Mitchell
requests that a second public hearing be held in this matter in DeWitt County, Illinois, because
there
is a possibility that the waste sought to be delisted herein could be disposed of at the
Clinton Landfill, a facility in DeWitt County.
2.
Pursuant to 35
III.
Adm. Code §104.420(a): "Any person can request that a
public hearing be held in an adjusted standard proceeding. The requests must be filed not later
than
21 days after the date of the publication of the petition notice in accordance with Section
104.408
of this Part."
(See also
415 ILCS §5/28.I(d)(I). PDC published notice of the filing of
the Petition in this case on April 28, 2008. Any request for a hearing should have been filed no
later than May 19,2008,21 days after filing
ofthe notice.
THIS DOCUMENT IS BEING FILED ELECTRONICALLY.
Electronic Filing - Received, Clerk's Office, August 14, 2008
3.
In any case, this matter has been set for public hearing on Monday, August 18,
2008, at 3:00 p.m., at the Peoria Public Library in the City of Peoria, Peoria County, Illinois.
The Pollution Control Board has committed to holding the hearing open until at least 6:00 p.m.
to accommodate the attendance and comment of the public.
4.
The Pollution Control Board selected Peoria County as the proper forum for the
public hearing in this case, as the waste stabilization facility at issue is in Peoria County.
5.
Any concerned citizens of DeWitt County will have the opportunity to speak at
the hearing in Peoria on Monday, August
18, 2008. (Peoria is approximately one hour from
Clinton by car). As is clear from Mr. Mitchell'sletter, the citizens
of DeWitt County are aware
ofthe hearing. Also, the citizens of DeWitt County will be permitted to submit public comment
for a period after the public hearing. The rights
of the citizens of DeWitt County are clearly
being protected by holding the public hearing in Peoria on Monday, August
18, 2008.
6.
Representative Mitchell's request for a hearing in DeWitt County is based upon
his concern that delisted waste may be accepted at Clinton Landfill, Inc., located in DeWitt
County. At a special meeting
of the DeWitt County Board on Wednesday, August 13,2008, the
DeWitt County Board considered a resolution to make a request to the Pollution Control Board
for a public hearing in DeWitt County, as is requested in Representative Mitchell's letter.
Representatives
of Clinton Landfill, Inc., the owner of Clinton Landfill, made a commitment to
the County Board that Clinton Landfill, Inc. would not accept any waste delisted by the
Pollution Control Board pursuant to the instant petition without prior permission from the
DeWitt County Board, subject to whatever public hearings and procedures the County Board
saw fit
to require. (Clinton Landfill, Inc. is affiliated with Peoria Disposal Company, the
Petitioner in this case). Clinton Landfill, Inc.'s commitment will be reduced to writing in an
2
THIS DOCUMENT IS BEING FILED ELECTRONICALLY.
Electronic Filing - Received, Clerk's Office, August 14, 2008
amendment to the Host Agreement with DeWitt County. Thus, Representative Mitchell's
concerns regarding local input have been addressed. The DeWitt County Board voted 10-2
against the pending resolution to request a Pollution Control Board hearing in DeWitt County
on this matter.
WHEREFORE,
PDC respectfully requests that the Pollution Control Board decline the
request for a second public hearing made in the letter from Representative Bill Mitchell, dated
August 11,2008, filed with the Clerk
of the Pollution Control Board on August 13,2008.
Dated: August 14, 2008
Respectfully submitted,
PEORIA DISPOSAL COMPANY,
Petitioner
Claire A. Manning, Esq.
BROWN, HAY
&
STEPHENS, LLP
205
S. Fifth Street
Suite 700
Springfield, Illinois 6270I
Telephone: (217) 544-8491
Facsimile: (217) 544-9609
Email: cmanning@bhslaw.com
908-0679
Brian J. Meginnes, Esq.
Janaki Nair, Esq.
ELIAS, MEGINNES, RIFFLE
&
SEGHETTI, P.C.
416 Main Street, Suite 1400
Peoria, Illinois 61602
Telephone: (309) 637-6000
Facsimile: (309) 637-8514
Emails:bmeginnes@emrslaw.com
jnair@emrslaw.com
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THIS DOCUMENT IS BEING FILED ELECTRONICALLY.
Electronic Filing - Received, Clerk's Office, August 14, 2008
CERTIFICATE OF FILING AND SERVICE
I certifY that on August 14, 2008, I filed the foregoing document electronically with the
Clerk
of the Illinois Pollution Control Board, and I served the foregoing document on all parties
hereto,
by enclosing a true copy of same in an envelope addressed to the attorney of record of
each party or the party as listed below, with first class postage fully prepaid, and depositing each
of said envelopes in the United States Mail at 5:00 p.m. on said date:
United States Environmental Protection Agency
Office
of Solid Waste and Emergency Response
1200 Pennsylvania Avenue,
NW
Washington, D.C. 20460
LynnBuhl
Regional Administrator
United States Environmental Protection Agency, Region 5
77 West Jackson Boulevard
Chicago, IL 60604
William D. Ingersoll
Manager, Enforcement Programs
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Att
'./L
Claire A. Manning, Esq.
BROWN, HAY
&
STEPHENS, LLP
205
S. Fifth Street
Suite 700
Springfield, Illinois 62701
Telephone: (217) 544-8491
Facsimile: (2 I 7) 544-9609
Email: cmanning@bhslaw.com
Brian J. Meginnes, Esq.
Janaki Nair, Esq.
ELIAS, MEGINNES, RIFFLE
&
SEGHETTl, P.c.
4 I6 Main Street, Suite 1400
Peoria, Illinois 6 I602
Telephone: (309) 637-6000
Facsimile: (309) 637-8514
Emails:bmeginnes@ernrslaw.com
jnair@ernrslaw.com
4
THIS DOCUMENT IS BEING FILED ELECTRONICALLY.
Electronic Filing - Received, Clerk's Office, August 14, 2008

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