Highlights from Buffalo Grove landfill public hearing
From 6 to 7:30 p.m. reporter Steve Zalusky sent dispatches from the Land and Lakes Landfill public hearing, hosted at Buffalo Grove Village Hall, and run by the Illinois Environmental Protection Agency.The issue at hand was whether 15 years was enough time for the landfill to have undergone IEPA monitoring, and whether the IEPA should grant the landfill's request that its post-closure period be declared over.To follow this in order, read from the bottom up.
The public hearing comes to a close at about 7:30 p.m.
Lisa Stone wraps up
Stone: This public hearing, from what Mr. Studer told me, is the first time in Illinois a public hearing has been held on post closure care. I hope that this is the first time of many. I just wanted to say ... you mentioned at the beginning of your hearing (to mention) any government affiliations. I was a trustee, recalled Nov. 2. I won't go into that. I was a trustee, I am not now.
Studer: Makes no difference; your comments are still on the record.
Stone: Jim Cowhey is the mayor of Lake Forest.
Health and welfare
#376; John Heydenburg, BG resident: The EPA's job is not development, but to look out for the health and well being of the citizens. I drink from a well. Moved in in 1973; we lived there our whole life.
Alarmed because of Steven Harris's testimony on effects of phenol. Mom died in 2008 with congestive heart failure and kidney failure. Dad passed in May, congestive heart failure. I'm all for development, we just need to make sure it's right.
I don't believe steps were taken (for proper remediation).
Let's get the job done. Fifteen years (minimum IEPA monitoring time) is for standard landscaping waste, not Land and Lakes.
#376; Gary Stone, husband of Lisa: I don't believe anyone here is against development of property or economic benefits. I believe the citizens who are concerned would like it to be done safely. I would hope that you would take into consideration safety first and then development could follow.
More citizens
#376; Gina Speckman, with Chicago Plus, regional tourism development office of Illinois Bureau of Tourism: As development has continued strongly around BG, visitors are spending in neighboring communities. Development would benefit BG economically.
#376; Barnet Fagel (he has video camera): Am a BG resident, not a doctor, not an engineer, couldn't tell one molecule from another. But I do live in Buffalo Grove and the state and the EPA view the law and how it applies here. We as concerned residents of BG look at our health issues first and those of our children ... I rank human life above commercial property and profit.
#376; Jeff Braiman passes.
#376; Joe Zepeda, on-site manager for Land and Lakes: An employee of Land and Lakes for 15 years. Talks about his career, how it allowed him to grow professionally. Became like an extended family. he started working at the bottom; feels fortunate and blessed for the opportunities for growth because of his employment.
Says he has a first hand knowledge of facility. #8220;I can honestly say the organization puts environmental safety (first). Our record for safety is impeccable.#8221;
#376; Marc Blumenthal, president, BG Area Chamber of Commerce. We have reviewed concept plan for property. The chamber believes that commercial development of that site is consistent with the comprehensive plan for Buffalo Grove.
#376; Patrick Hosty, director of Chicago Area LECET (Laborers-Employers Cooperation and Education Trust): Represents contactors and laborers; strongly supports development. Labor management team believes this is beneficial to this community.
People struggling to keep homes, jobs, this will create much needed construction jobs. Project will help stimulate an unstable construction industry, with benefits to union laborers and their families. It will pump money back into economy. Union contractors and skilled laborers support this development.
Lisa Stone at mic
Village relies on groundwater as an emergency water source. Given the release of phenol and other contaminants, it's unacceptable the groundwater is not more closely monitored. Though this facility was permitted to dispose of a variety of wastes, including putrescible materials, it has been regulated as an inert facility with regard to liner construction, leachate collection, gas extraction, groundwater monitoring, closure and post-closure requirements.
We have to protect our groundwater as if it were our only water source closely examine realities and potential repercussions, not apply loose and vague standards that were developed decades ago.
Calls for #8220;common sense and moral decency ... and adhere to spirit of law.#8221; Says landowner has #8220;cradle to grave#8221; liability.
Stone's rep speaks
Amanda Kimmel, from Chicago Legal Clinic, representing Lisa Stone: IEPA should not certify completion of post closure care; because of phenol found in groundwater monitoring wells. Land and Lakes has not submitted an assessment monitoring report saying if there are phenol exceedances. Exceedances indicate potential for future violations. The number of private wells near facility and the low number of groundwater monitoring wells at the site is of concern. There are 30 private wells in vicinity; 9 community water supply wells in vicinity. Groundwater flow still needs to be evaluated; the 2005 Shaw report suggested additional wells.
Phenol is very bad
#376; Steven Harris, internal medicine specialist: Ingestion of phenol causes abdominal pain, nausea, vomiting, seizures, increased heart rate, adrenal failure, death. Eye and skin damage may occur. All these may occur with extremely small amounts of phenol; children are much more vulnerable. Some medical problems are short term. Others are long term; we don't know time length. No antidote at this time for phenol toxicity. Monitoring of the water supply is crucial.
#376; Shawn Collins, environmental lawyer from Naperville: This landfill not entitled to a minimum 15 years of post closure. Existing groundwater monitor wells do not adequately monitor. There are only five on a 30-plus-acre landfill. Three of the four sides of this landfill do not have wells.
Wells not deep enough. Bottom of landfill is 40 feet; one well drilled 40 feet but most are 35 or 39.5 feet. Leachate not tested. Leachate is the #8220;DNA#8221; of the landfill. There's considerable doubt about what was dumped in this landfill.
It's clear this landfill has been leaking chemicals since 1995. The issue is not what level or how frequently; the issue is it's getting out of the landfill.
I respectfully suggest to you that giving this landfill a clean bill of environmental health now is a rush to judgment.
One yea, one nay
Citizens continue to testify.
#376; Scott Shultis: EPA has many of these landfills and did a good job. A mixed use development on that site would be a boon for economy and workers.
#376; Brenda Weis, Lincolnshire: Throughout 80s and 90s one contaminated site after another along Milwaukee Ave. as village of Lincolnshire expanded south. Instances of underground storage tanks that leaked benzene. Concern is within area where groundwater should be more closely monitored.
Says given history of illegal dumping in Milwaukee corridor, IEPA should insist on more close monitoring of phenol and deny the closure request until more thoroughly examined.
Citizen testimony
Frank Ladonne testifies. Is a principal engineer with Underwriters Laboratories. Asks IEPA not to certify completion of post closure care. Says there's phenol contamination. Excessive levels of phenol were found on seven separate occasions over the last 15 years; even though levels are below maximum permissible levels for groundwater, they are above the maximum permissible levels for drinking water.
Over 30 private wells and non community wells within one mile of this facility; none tested for phenols. This site has only five active monitoring wells. Four of these are located along the Eastern boundary and one in the Northwest corner. Too few monitoring wells asymmetrically located. Questions effectiveness of base liner. Says it does not appear base layer included in IEPA certification. A more comprehensive leachate analysis should be conducted. Needs to be better assessment of groundwater impact; do additional borings.
Ghida Neukirch
Ghida Neukirch, deputy village manager, now testifying. Providing brief history of efforts to annex. In 2004, BG in coordination with park district began analysis of potential acquisition. On Feb. 28, 2005 corporate authorities approved Shaw Environmental to evaluate. June 28, 2005 Shaw provided preliminary report. Did not include on-site testing, but was based on review of IEPA records.
The village voluntarily terminated the report in 2005. In 2008 annexation approved, result of more than 10 years of coordination of village staff and Land and Lakes. In 2010 Devin Moose, director of Shaw, in a letter tells Village Manager Dane Bragg the 2005 report is tentative and it is inappropriate to develop conclusions from it. Says the village's goal is a high quality commercial development.
Jim Cowhey is up
Jim Cowhey, president of Land and Lakes, is up. He reminds public the landfill has been closed for 15 years. It has been monitored by the IEPA and the Lake County Health Department. This is a normal procedure for all landfills; to be removed from post closure care is also a normal procedure.
Cowhey said a number of false allegations have been made by a politically motivated individual. He said the reason he has not responded to those allegations is that he did not wish to further that individual's personal agenda. He said he has worked to develop the property into a prime retail development. He added that the property has been scrutinized by village panels for more than three years. He said the development would add new retail space and hundreds of jobs.
#8220;This is an extremely significant project that should not be delayed.#8221;
Meet the panel
The panel is introduced: Steve Nightingale, manager of permit section of the bureau of land. Two of his staff are introduced: Greg Morris and Kim Rawe. Morris says IEPA required by law to base decisions on technical merits.
Studer warns crowd that applause, booing, hissing or jeering not permitted. Says the focus of this hearing is quite narrow and cannot allow irrelevant issues to be discussed.
Says decisions will be based on law, not upon how many people object or support. The determination will be based on whether the post closure plan is completed and whether the site will not cause future environmental violations.
Says speakers will be limited to three minutes.
Smile, you're on TV
Somebody here has a video camera.
Who's here
Village President Elliott Hartstein is standing in the back row, looking serious. Trustee Jeff Braiman is here, standing next to Hartstein. Trustee Beverly Sussman's husband is here; Trustee Lisa Stone's husband is too.
Why we're here
Dean Studer calls attention to fact sheet, available on village's web page. Says this is an informational hearing in the matter of an application that the IEPA has received for certification of completion of post closure for the landfill on Milwaukee Avenue. His voice is a little shaky ... it's a pretty big crowd.
He says, purpose is for providing additional info before IEPA reaches a decision.
#8220;Outbursts and arguing are not permitted.#8221;
Says comments may be submitted in writing.
On April 29, 2010, the IEPA received an application from Land and Lakes Wheeling Landfill for certification of completion of post closure care.
The date for IEPA's final decision is Jan 15, 2011 unless Land and Lakes extends the deadline. Tonight, the IEPA will make a brief presentation. A comment period will follow, and once the hearing is adjourned the record remains open until Dec. 9, 2010. The hearing transcript will be posted online within 2 and 2frac12; weeks. Written public comments must be postmarked by Dec. 9, 2010. Comments sent via e-mail must contain #8220;Land and Lakes Wheeling Landfill#8221; in the subject line.
Public comments should be directed to: Dean Studer, Hearing Officer (#5)
Re: Land and Lakes Wheeling Landfill, 1021 N. Grand Ave. East, P.O. Box 19276, Springfield, 62794-9276.
E-mail: epa.publichearingcom@illinois.gov.
We begin
6 p.m.: And, we're off! Rob Sherman has a big truck outside that says #8220;Rob Sherman News.#8221; Reporters are here from everywhere. The usual suspects are in the audience, including blogger Stan Zoller and assorted recall supporters.
Dean Studer, hearing officer for IEPA, welcomes everyone.