Loading...
HomeMy WebLinkAbout89-1011 Solid Waste Balefill $ $ t- 10� 1 RESOLUTION PROTESTING AND OBJECTING TO THE APPLICATION OF THE SOLID WASTE AGENCY OF NORTHERN COOK COUNTY TO CONSTRUCT AND OPERATE A REGIONAL POLLUTION CONTROL FACILITY (BALEFILL) WHEREAS, the Solid Waste Agency of Northern Cook County (SWANCC) has filed an application with the Illinois Environmental Protection Agency (IEPA) for a development permit for a regional pollution control facility; and WHEREAS, this application proposes to locate a massive regional pollution control facility on a 400 acre site immediately adjacent to the boundaries of the City of Elgin; and WHEREAS, applicant proposes to utilize this regional pollution control facility for the disposal of municipal waste generated in communities located at great distances from the site; and WHEREAS, SWANCC has previously petitioned the IEPA for a development permit for this site, which petition was rejected by the IEPA after extensive hearings and presentations of testimony and evidence based upon serious environmental concerns; and WHEREAS, almost immediately upon such rejection, SWANCC filed an amended application for a development permit for the same site without addressing or correcting serious environmental problems identified by the IEPA when they rejected SWANCC's original application; and WHEREAS, the site is located immediately over a shallow aquifer commonly known as the Newark Valley Aquifer, which supplies drinking water to the residents and communities within the vicinity; and WHEREAS, locating the regional pollution control facility over and within the Newark Valley Aquifer would create an extreme danger to the public health, safety and welfare and could result in the permanent loss of this valuable resource; and WHEREAS, there currently exist five landfills within one mile of the proposed site which have placed increasing strain on the natural environment and the water resources of the area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby protests and objects to the application of the Solid Waste Agency of Northern Cook County to construct and operate a regional pollution control facility on the subject property. The pending application, which is substantially identical to the prior application of SWANCC which was rejected by the IEPA, should likewise be rejected. The proposed regional pollution control facility would create a serious and permanent health hazard to the residents of the City of Elgin and its environs resulting in the inevitable pollution of area groundwater. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized to transmit a copy of this resolution to the IEPA. George VanDeVoorde, Mayor • Presented: October II, 1989 Adopted: Vote: Yeas Nays Recorded: Attest: Marie Yearman, City Clerk r • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side.Failure to do this will prevent this card from being returned to you.The return receipt fee will provide you the name of the person delivered to and the date of delivery.For additional fees the following services are available.Consult postmaster Tor fees and check boxles) for additional service(s) requested. 1. 0 Show to whom delivered, date, and addressee's address. 2. 0 Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number Mr. John D. Williams P 680 133 867 Agency Hearing Officer Ire of Service: Illinois Environmental {LI�Registered 0 Insured iJ Protection Agency Certified ❑ COD P.O. Box 19276 0 Express M II 0 RortMero andipp se Springfield, IL 62794-9276 Always obtai nature of addressee or agent and TE DELIVERED. 5. SiaC ytQEttV�)Protecburi Agcy. 8. Addressee's Address (ONLY if X 2200 Churchill Rd.-P.O.Box 19276 requested and fee paid) r6. Signatteptigx64r liliuisC270'15276 _X OCT 9 1989 '7. Date of Delivery OCT 1 9 1ap PS Form 3811, Mar. 1988 * U.S.G.P.O. 1988-212-865 DOMESTIC RETURN RECEIPT r` N c U a\ r-a w N y . Wr... g .crl 0" ,C-1-1‘ H II , 7 fr 0 nO fmr1 1— c�zo :2 —I H K '0 t 4, 4-1 tr_�l 1-1 ,Z ce • p,0 U , .\ r 3 o a O C.)D03Oa) UHW 9-- Nm N¢Ni a, 4, T ›N .11 H. 2 C I. 0 • �y . a d a N o •rl •rl c ce — U o j • Ea E p t�_. Pd% O a .1. af• , cr2 Qo -- S96l aunt `009E WAod Sd • • • • CITI^E' J , ,v, Jr' _ST THE ; ,LEFILL P.O. BOX 8004 • BARTLETT, ILLINOIS 60103 September 4 , 1989 George Van De Voorde, Mayor City of Elgin Dear mayor Van De Voorde , Citizens Against the Balefill is requesting time on the agenda for your September 13th city council meeting for the purpose of discus- sion of our request for help with leagal fees as outlined in my previous letter to you. If it is not possible to put on the agenda, may we. speak during your "townhall session" ? Please advise if we will be able to appear before you on September 13th, and also the time the meeting begins. Thank you for your consideration. Sincerely, Mary Byrne , VAce President Citizens Against the Balefill _ _ CIITIIZENcimizEms AGAIINT THE, I:) ALE 'I L P.O. BOX 8004 • BARTLETT, ILLINOIS 60103 RESUME OF ACCOMPLISHMENTS: 1 . Attended every hearing through Bartlett , • Cook County and the IEPA . 2 . Has incorporated as a not for profit organization and elected officers and a board of directors who have volunteered their time and personally absorbed costs for phone calls and mailings . 3 . Raised public awareness : a . through the news media b . newsletters to members c . circulated over 20 , 000 fact sheets d . made presentations before municipal and civic organiza- tions e . had booths at Pheasant Run Outdoor Show and other functions 4 . Collected over 13 , 000 signatures on petitions and delivered them to Springfield for Governer Thompson and 30 various State and Federal Agencies and Officials . 5 . Was instrumental in contacting Congressman J . Dennis Hastert and getting his involvement in our fight . 6 . Many letters and phone calls to State and Federal agencies and officials . 7 . Aggressively worked to raise funds for the public awareness flyers and legal representation . 8 . Watchdogged events at the proposed site and held protests . 9 . Brought the issue of the Balefill to the attention of major environmental organizations . 10 . Hired an attorney and experts experienced in defeating waste disposal applications . 11 . Studied each page of every application (the IEPA application was over 1 , 700 pages ) and made our own objections through each stage of the hearing process . The fight to defeat this proposal is supported by the Villages of Bartlett , South Elgin and Streamwood , the City of Elgin , Hanover Township, Kane County, Congressman J . Dennis Hastert , Senators Doris Karpiel and John Friedland , Representative James Kirkland , many businesses in the area and hundreds of area residents . We made a commitment and remain dedicated to this cause, and we will continue until the Balefill is defeated . The level of continuing action is dependent upon our resources and the generosity of the people that support us . • 1 E15 459 5305 CUKC RTTUFHEYS 02 COWLIN. UNGVARSKY, ICUKLA AND CURRAN }'ROFESSIONAL CORPORATION ATTO12r(ICYb AT LAW JOHN I.COWLIN £O(11tANT IITH/CRT CItYEITAL LAltx MICIHAbL A,UNG ARSICY.JR. Y.O.HOE 1811 ta161 459 5300 Dd1CHA Ri.11'.7C(,IJCI.A CRYSTAL LAKE.ILLINOIS 80014 HUNTLIDY IQ(714AHU J.O1713HAN.JR. - 19310 500.3000 AftCkeAML It:('(1YYIC1)(7F. August 15 , 1989 r"" (111.5,4Rp-6806 Ms . Mary Byrne Citizens Against the Balefill Bartlett, IL Dear Ms . Byrne : Pursuant to your telephone request, the following is a brief review of the landfill hearings in which I have participated . I represented a citizens group in the City of Marseilles who opposed a proposed sanitary landfill . The first hearing was held the summer of 1988 and resulted in the applicant withdrawing his application. The applicant refiled in 1989 and , even though the applicant promised the City $8 Million, the City Council voted to deny the application in duly 1989 . In the Pall of 1988 I represented a similar group of citizens in the Village of Fairview, Illinois , who were opposed to a landfill . The " Villag'e of Fairview approved • the application and the matter is currently pending on appeal . opposition In 1987 , I represented a group of citizens i n opp s tion of a landfill pr(.>Nvsed by the City of Rockford. The hearings were conducted by the Winnebago County Board who denied the application . I also represented a group of citizens of rural Woodstock, Illinois , in opposition of a landfill siting application filed by Waste Management . The first application filed by Waste Management was denied . After they completed the appeal process they filed again on the same site and the application was again denied . In 1986 , I represented a group of citizens in opposition to a landfill in the Village of Huntley. This application was denied . / ' c9 . `_ 14 : 56 $ 1 E15 459 5305 CUY.0 ATTORNEYS 03 Ms. Mary Byrne August 15 , 1989 Page Two I have also acted as consultant in numerous • opposition groups in the State of Illinois and have provided information and consultation regarding opposition to landfill appliations in Southern and Central Illinois . If you need any additional information, please do not hesitate to contact me . Very truly yours , #:;34.c 4.,-- ---77‘ 'f.47',-e.:# Michael F. Kukla MFK/ao i • CITIZENS AGAINST THE BALEFILL TREASURERS REPORT AUGUST lb , 1989 BANK BALANCE FORWARDED 12 /20/88 $12 ,615 . 31 RECEIPTS: DONATIONS-BUSINESS: $920 . 00 DONATIONS-REGULAR: 1 , 394 . 00 DONATIONS-S .E.B.A. PROMOTION: 260 . 00 MEMBERSHIP-RENEWALS: 645 . 00 INTEREST: 375 . 86 SPECIAL FUND RAISERS : 1 , 003 . 00 PROMOTIONAL ITEMS: (T-SHIRTS , SWEATSHIRTS , BUTTONS , ETC . ) 100 . 00 TOTAL RECEIPTS : $4 , 697 . 86 DISBURSEMENTS : CORPORATE EXPENSES : 3 . 00 INFORMATIONAL MATERIAL: 837 . 64 (NEWSLETTER, POSTAGE, ETC. ) RENTALS: 60 . 00 LEGAL COUNSEL: 10 , 000 . 00 SPECIAL PROMOTIONS : 300 . 00 TOTAL DISBURSEMENTS : $11 , 200 .64 BANK BALANCE AUGUST 15 , 1989: $6, 112 . 53 r - CITIZENS AGAINST THE BALEFILL TREASURERS REPORT DECEMBER 20 , 1988 BANK BALANCE FORWARDED 12/31 /87 $3 , 000 . 00 RECEIPTS : COMPANIES & INDIVIDUALS 1 /01 / 1988 TO 9/01 / 1988 : $15 , 090 . 77 DONATIONS-REGULAR: 8 , 182 . 46 DONATIONS-S .E.B.A. PROMOTION: 4 , 625 . 00 INTEREST: 74 . 69 SPECIAL FUND RAISERS : 5 , 561 . 96 PROMOTIONAL ITEMS: (T-SHIRTS , SWEATSHIRTS , BUTTONS , ETC. ) 626. 00 TOTAL RECEIPTS : $34, 160 . 88 DISBURSEMENTS: CORPORATE EXPENSES : $121 . 92 INFORMATIONAL MAEERIAL: 2 ,792 . 47 (NEWSLETTER, POSTAGE, ETC. ) RENTALS: 111 .50 HEARING EXPENSES : 330 . 50 LEGAL COUNSEL: 17 , 000 . 00 SPECIAL PROMOTIONS : 3 , 017 . 30 PROMOTIONAL ITEMS : 1 , 117 . 08 N.S .F. (DONATION CHARGE BACK) : 50 . 00 CHECK ORDER: 4 . 80 TOTAL DISBURSEMENTS : $24 ,545 . 57 BANK BALANCE DECEMBER 20 , 1988 : $12 , 615 . 31 Village of Bartlett 228 S. Main St./Bartlett, IL 60103/Ph. 312-837-0800 THIRD ILLINOIS -, August 17 , 1989 1� ERTIFIED CITY Established 1891 "Progress with Pride" FOR IMMEDIATE RELEASE President JOHN A. STARE Administrator VALERIE L. SALMONS Today, officials of the Village of Bartlett met with Village Clerk the U.S. Army Corps of Engineers to protest the LINDAGALLIEN Solid Waste Agency of Northern Cook County's EARL TreasureR.r BECKNER (SWANCC) illegal operation on the proposed dump Trustees site. GERALD FABER !+,1ARGARETFOSTIAK John Stark, Village President, told Army Corps SALLY HODGE representatives that SWANCC has constructed over six CATHERINE MELCHERT miles of construction road on the site without a GARY J. SIWICKI JAMES TRAYNOR permit. Bartlett ' s environmental consultant presented evidence of widespread infringement of the conditions of the Army Corps Nationwide Permit under which the balefill engineers have filled a considerable amount of wetland property. Paul Sorensen, the Village's ecologist, maintains that this filling activity may have completely ruined over ten acres of wetland by reversing the natural course of events on the site. Under the terms of a so-called Nationwide Permit, construction roads may be built on any site provided that the crossing is culverted to prevent flow restrictions. George Noble , the Village ' s environmental consultant, maintains that in the absence of these safeguards. a permit is necessary for this level of wetland encroachment. The Solid Waste Agency of Northern Cook County is , therefore, operating ille��all� on the site, and is required to cease road construction and remove all illegal crossings on the proJ)eriv. The Village representatives protested this illegal action by SWANCC, and demanded that prior to any further action on the property, balefill planners and engineers should be accompanied by representatives of the U.S. Army Corps to ensure that no further damage to wetlands occurs on the halefill site. Bartlett Balefill Site Wetlands Issue The proposed balefill site, since abandoned as a strip mine, has de- veloped extensive areas of wetland. In the mined depressions, organic matter has accumulated over the clay-gravel base. Soil mottling along the edges of these areas indicates hydric conditions characteristic of wetlands. The flora at the site is quite diverse. We have recorded more than 150 species to date, most of which come under the federally recognized headings of obligate (OBL) wetland forms, facultative wetland (FACW) species, or faculta- tive (FAC) species. In other words, the site's flora, as a whole, is charac- teristic of wetland conditions. Based on a 1976 aerial photograph, we estimate that at least 90 acres of the site's 250 acres, or 36%, were wetland at that time. By March 1988, this figure had declined to about 53 acres, or 20% of the site. It is apparent that at least two factors have affected wetlands at this site: 1) construction of trails, and 2) alteration of hydrology. As of March 1988, 4.0 miles of trails had been constructed throughout the proposed balefill site. By December 1988, an additional 1.9 miles are obvious on aerial photographs, bringing the total length of trails to nearly 6 miles. These activities clearly were conducted by Patrick Engineering; earth- moving equipment is obvious on the March aerials. Much of the trail system took advantage of ridges at the site, scouring them into flattened road surfaces. In the process, fill was side-cast into the low-lying wetland areas that alternate with the ridges. This side-casting • was extensive, and it is conspicuous when one walks the site. It does not show up well, however, on aerial photos, and we were unable to quantify its extent. It is clear, however, that much, if not all, of the 6 miles of trails impacted wetlands in this way. Another kind of filling also occurred during trail construction when trails were built directly across wetlands. In addition to depositing fill, these activities altered wetland hydrology. This type of activity affected, at a minimum, 8.2 acres of wetland and 8 different areas, including a large wetland at the heron colony. ENCAP Inc. The change in this site's hydrology has been dramatic and, so far as we can ascertain, very recent. As recently as Spring 1988, it was possible to canoe the western part of the site, and areas that were knee-deep in water that year were bone dry by Spring 1989 (personal communication, Brad Semel) . The lowest-lying wetland areas experienced a water level decline of at least 24 inches between 1988 and 1989; water marks on some cottonwoods were nearly three feet high in 1989. 2 August 1989 L�CAP, Inc.