Illinois Environmental Protection Agency v. Jersey Sanitation Corp.

336 Ill. App. 3d 582
CourtAppellate Court of Illinois
DecidedJanuary 29, 2003
Docket4-02-0319 Rel
StatusPublished
Cited by4 cases

This text of 336 Ill. App. 3d 582 (Illinois Environmental Protection Agency v. Jersey Sanitation Corp.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Illinois Environmental Protection Agency v. Jersey Sanitation Corp., 336 Ill. App. 3d 582 (Ill. Ct. App. 2003).

Opinion

JUSTICE TURNER

delivered the opinion of the court:

In February 1993, petitioner, the Illinois Environmental Protection Agency (IEPA), approved a landfill closure plan for respondent, Jersey Sanitation Corporation (Jersey). In June 1999, Jersey sought a supplemental permit governing facility closure certification. In October 1999, the IEPA granted the supplemental permit with conditions. In January 2000, Jersey filed a petition for review of the permit conditions with respondent, the Pollution Control Board (Board). In December 2000, Jersey filed a motion for summary judgment, arguing the imposed conditions were unnecessary; and in June 2001, the Board granted the motion (Jersey Sanitation Corp. v. Illinois Environmental Protection Agency, Ill. Pollution Control Bd. Op. 00 — 82 (June 21, 2001)). In August 2001, the IEPA filed a motion to reconsider, which the Board denied along with Jersey’s motion to strike (Jersey Sanitation Corp. v. Illinois Environmental Protection Agency, Ill. Pollution Control Bd. Order 00 — 82 (September 20, 2001)).

Pursuant to section 41(a) of the Illinois Environmental Protection Act (Act) (415 ILCS 5/41(a) (West 2000)) and Supreme Court Rule 335 (155 Ill. 2d R. 335), the IEPA brings this direct review of the Board’s decision. The issues are whether the Board erred (1) in striking the conditions imposed on Jersey’s supplemental permit and (2) in reviewing the conditions that the IEPA claims were waived by Jersey’s untimely objections. In its cross-appeal, Jersey argues the Board erred in denying Jersey’s motion to strike the lEPA’s motion for reconsideration based on its alleged untimely filing. We affirm the Board’s decision in the IEPA’s appeal as well as its decision denying Jersey’s motion to strike in Jersey’s cross-appeal.

I. BACKGROUND

The Jersey landfill is a 10-acre site located in Jersey County, Illinois, that opened in 1967. The landfill stopped accepting waste in September 1992, and a final cover/vegetative layer was applied in September 1994. In February 1993, the IEPA approved Jersey’s closure plan for the landfill and issued supplemental permit No. 1992 — 350— SE The permit approved a revised closure and postclosure care plan and cost estimates along with a groundwater monitoring plan.

In June 1999, Jersey submitted an application for a supplemental permit that sought facility closure certification and included closure and postclosure plans along with cost estimates. In the application for permit, Jersey stated, in part:

“Groundwater monitoring results will be evaluated each quarter against background data, [g]eneral [u]se [w]ater [qjuality [standards, and other historic water analysis information. If a trend is believed to be developing, more frequent sampling (e.g.[J monthly) may be performed to substantiate or dismiss the likelihood of site impact. A professional engineering firm should be retained to develop future actions and/or plans for subsequent IEPA approval.”

In October 1999, the IEPA granted Jersey supplemental permit No. 1999 — 209—SP with conditions approving closure certification.

In January 2000, Jersey filed a petition for review of permit conditions with the Board, seeking review and deletion of certain conditions imposed by the IEPA to the 1999 supplemental permit. Specifically, Jersey objected to the following conditions as unnecessary to accomplish the Act’s purpose and inconsistent with the Board’s regulations:

“A. Closure Certification
❖ ❖
4. Current, valid [p]rior [cjonduct [c]ertification is required to conduct post[ Iclosure care.
B. Post[c]losure Care
6. Prior to the [IEPA] issuance of a completion of post[ ]closure care certificate, the operator shall provide the following;
b. An analysis for the 35 111. Adm. Code [§§ ]620.410(a) & (b) [(West CD-ROM March 26, 1999)] parameters, excluding radio nuclides, of all permitted upgradient and downgradient wells and assess the landfill’s impact on groundwater by comparing the groundwater analysis results to the appropriate 35 ILL. ADM. CODE 620 Subpart D Groundwater Standards. [Citation to permit.]
C. Monitoring
1. Your water monitoring program is approved in accordance with Attachments A through E of Permit No. 1992 — 350—SI] and is subject to the conditions contained therein.
2. The operator shall provide the statistical background concentration limits used to evaluate the groundwater quality. In accordance with special condition [N]o. 4 of Attachment A to Permit No. 1992 — 350—SI] groundwater quality shall be evaluated by comparing analytical quantities to pooled upgradient (interwell) and each well[’]s (intrawell) statistical confidence limits. The statistical confidence limits (both interwell and intrawell) are to be established using the first four consecutive quarters of sampled data obtained at the inception of monitoring. The statistical results, data, and methodology shall be submitted to the [IEPA] in the form of a supplemental permit application no later than December 31, 1999.
3. The operator shall supply the [IEPA] with all sampling and analysis procedures used in providing a reliable indication of groundwater quality in the zone being monitored. Also, the operator shall provide an evaluation of the groundwater exceedances reported in the February 9, 1999[,] groundwater monitoring report, received April 2, 1999. The concentration levels for arsenic, iron, manganese, sulfate, TDS, TOC, and TOX in wells G104, G105, and G106 are above 620 Class I Standards. The evaluation shall include the comparison of the established background confidence limits to concentration levels of these parameters, a historical trend analysis of the data, groundwater flow maps over the last four consecutive monitoring quarters and, if necessary, an assessment monitoring plan in accordance with special condition [N]o. 8(b) of Attachment A to Permit No. 1992 — 350—SP This information shall be submitted to the [IEPA] in the form of a supplemental permit application no later than December 31, 1999.
4. During the post[ ]closure care period, the owner and operator shall monitor gas, water!,] and settling and shall take whatever remedial action is necessary to abate any gas, water!,] or settling problems which appear during that time. Post! ]closure groundwater monitoring shall be conducted and reported to the [IEPA] on a quarterly basis for the monitoring wells and parameters identified in Attachment A of Supplemental Permit No. 1992 — 350—SE ^ $ t\i
8. During the post! ]closure care period, water quality records shall be maintained at the office of the site operator and shall be review quarterly. A water quality report shall be submitted quarterly. If the owner/operator or the [IEPA’s] Bureau of Land determines that adverse trends are developing, further investigation is to be performed.

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D&L Landfill, Inc. v. Illinois Pollution Control Board
2017 IL App (5th) 160071 (Appellate Court of Illinois, 2017)

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336 Ill. App. 3d 582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/illinois-environmental-protection-agency-v-jersey-sanitation-corp-illappct-2003.