PEORIA -- Peoria Disposal Co. would pay Peoria County $1 million into a perpetual care fund and from $2.50 per ton to $7.50 per ton fees on waste going into its hazardous waste landfill at Pottstown, under a proposal now being negotiated with Peoria County officials.
It would also pay $100,000 for the county's and opponents's legal fees. Opponents who agree to the settlement will not be sued, it states.
The compromise proposal, first announced in February by the Heart of Illinois Sierra Club and the group Peoria Families Against Toxic Waste, has divided the environmental activists who successfully convinced the Peoria County Board last year to halt the expansion of the landfill.
Many are opposed to any additional hazardous waste going into the landfill on the edge of Peoria, and have said those wanting the compromise were not representing them.
Members at a contentious Sierra Club meeting last week voted against the compromise, which has been supported by the group's executive board.
The pro-compromise activists now are concerned that they have been left out of the negotiations between PDC and the county.
The compromise settlement document, apparently a draft, was faxed to PeoriaStory.com after business hours on April 25. It was scanned into electronic form, formatted slightly, and is reproduced here:
SETTLEMENT PROPOSAL April 12, 2007 (March 26, 2007)
A. LANDFILL DESIGN
1. No expansion over C-1, and closure of the open areas of C-1 would
be initiated within two (2) years or before waste is disposed of in
expansion area, which ever is sooner.
2. Expansion over C-2 only in area shown on attached drawing.
3. No increase in previously requested heights of expansion areas.
4. Treated residue only in expansion over existing Cells 2, 3 and 4.
5. Treated residue, special and hazardous waste would be allowed in
C-5 (vertical separation between C-4 and C-5).
6. Grandfather provision for presently permitted space.
7. The configuration of the landfill expansion is set forth in the
attached drawing.
8. PDC agrees that it will limit its annual direct disposal wastes
(hazardous waste and special waste which are not treated prior to
disposal) to not more 60,000 tons per year, with direct disposal of
hazardous waste being limited to not more than 20,000. These
limits may be increased for any given year if PDC first obtains
approval from the Waste Review Committee and the Board.
B. PERPETUAL CARE FUND
1. $1,000,000 into Perpetual Care Fund at time PDC receives permit for expansion.
2. County to hold Fund.
3. $2.50 per ton on treated residue and direct disposal special waste.
$7.50 per ton on direct disposal hazardous waste.
$7.50 per ton on MGP waste
$7.50 per ton on PCB waste or whatever the City/County Landfill
will agree to.
4. The Host Fee payable to the County would be eliminated.
5. Any closure/post-closure care funds remaining in PDC's trust fund
at the end of post-closure care would belong to PDC.
6. Date certain - if PDC has not received release from post-closure
care obligations on or before 1/1/2080, PDC may begin requesting
reimbursement from Perpetual Care Fund for continuing care
activities at the facility if: (1) Perpetual Care Fund balance above
$75M. and (2) PDC has met all the regulatory requirements of the
IEPA. including maintaining adequate funds in its post-closure care
trust fund, or other financial assurance mechanism.
7. Mechanism for using Perpetual Care Fund in the event no longer
needed - i.e., as per Dr. Daniels, site is excavated to recover
metals, etc.
8. Refine Perpetual Care Fund authorized expenses, scope, etc.
9. PDC and Peoria County must agree upon all expenditures from
Perpetual Care Fund.
C. REVIEW OF LEGACY AREAS
1. Independent third-party consultant to perform detailed, thorough
review, investigation and analysis of Legacy Areas to determine
immediate and/or long-term threat(s) of release. RFQ / Scope of
Work - Not Part of the Host Agreement (to be drafted by County as
part of bid documents)
o PDC input / suggestions in drafting will be allowed
o Public input / suggestions in drafting will be allowed
o Scope will include review of the environmental monitoring of the facility
to ensure that monitoring is sufficient and monitoring is coordinated with
protocol for handling and disposing of MGP and PCB wastes.
2. Legacy Areas - (a) former non-RCRA landfill (SWMU west of barrel-
trench area), (b) Barrel trench area, (c) Section A, (d) Section B.
3. The costs of investigation to be paid by PDC and PDC to fully
cooperate with investigation.
4. Purpose of investigation is to evaluate possibility of immediate
and/or long-term threat(s) of release of hazardous constituents from
those areas, to evaluate the effectiveness of present and proposed
environmental monitoring (groundwater, ambient air, etc.) of the
entire PDC property, and to recommend present or long-term
actions to eliminate or minimize threats of release, and/or improve
environmental monitoring.
5. PDC shall implement the results and recommendations of
investigation, provided that any work to be completed in areas
covered by PDC's permit must be reviewed by IEPA. If PDC does
not agree with a result or recommendation of the investigation,
PDC may request a meeting with the County, and if PDC and the
County cannot agree within sixty (60) days as to what is reasonable
and necessary to protect public health, safety and welfare, and
reasonable time frame for implementation of actions, PDC shall be
required to implement the actions pursuant to the investigation
report unless PDC serves the County with a written demand for
arbitration. Arbitration shall be binding on the parties and shall be
conducted by a panel of three arbitrators - one chosen by the
County, one by PDC, and those two shall select a third.
Presumption that the recommendations of the outside consultant
are reasonable and necessary and cost effective- PDC has burden
of proof that recommendation of consultant is not cost effective at
arbitration (i.e.. a more cost effective method is available that
provides equivalent protections).
6. PDC shall be entitled to reimbursement from the perpetual
care fund for costs of investigation above $100,000 and for costs of
remediation in the Legacy Areas recommended bv the consultant but
not required by IEPA. and for implementing the recommendations
of the investigation relating to increased environmental monitoring
and/or protective measures, provided that PDC may not obtain reimbursement
from the fund until it has initiated closure on the expansion area, and has
demonstrated it satisfies any regulatory obligations for funding closure and
post-closure care for the expansion. At no time may any withdrawals or
payments out of the Perpetual Care Fund for purposes of this provision be
allowed which would decrease the balance in the Fund below $4,500,000.
7. Perpetual care fund shall not be used for "corrective actions"
ordered bv IEPA
8. Reimbursement of PDC from the PC Fund is based on nominal amount
adjusted bv annual CPI (i.e. PDC is not paid in inflated dollars, but neither
does the PC Fund pay "real" interest to PDC).
D. ADDITIONAL CONDITIONS
1. Global settlement of siting appeal, Class III permit mod. request,
TSCA coordinated approval, etc.
2. No further expansions of landfill volume, footprint, height, or
otherwise, of any kind whether through siting or otherwise. Tbte \&
not intended to affect the operations of the waste water treatment
plant or the waste stabilization facility which wero not part of tho
siting application. Close waste stabilization facility no later than 9
years after the landfill has reached capacity. Ambient air
monitoring to continue as long as waste stabilization facility is
operating.
3. All of the conditions from siting (unless otherwise agreed), except
those relating to Cell C-1, which would no longer be necessary, the
additional contribution to the closure trust (which is being put into
the perpetual care fund) would be deleted, and screening berms
would be required only in C-4 boundary closest to apartment
complex instead of also along the boundaries of C-1 and/or C-2
which will receive either no or minimal expansion.
4. All provisions to be incorporated into a comprehensive restated and
amended Host Community Agreement.
5. PDC to pay $100,000 upfront to County to pay County's and
opponent's attorneys' fees (subject to paragraph 8 below) and costs
of appeal and negotiations.
6. Peoria County to amend its Solid Waste Plan to include PDC
Landfill No. 1 and to encourage and facilitate technology
development for alternative disposal or recycling methods for
hazardous wastes.
7. The restated and amended Host Community Agreement will be
effective upon PDC's receipt of a final and non-appealable RCRA
Class 3 Permit approving the landfill expansion.
8. Mutual releases and covenants not to sue any parties, including
PDC, the County, the citizen groups or their members and agents.
This only applies to citizen groups and their members and agents who agree
(individually and as a member) to support the settlement proposal and agree
not to contest or appeal: (i) the settlement; (ii) the disposition of the siting
appeal, (iii) the issuance of the permit to authorize the expansion contemplated
by this agreement, or (iv) file a citizen's suit before the pollution control board
or in circuit court alleging the settlement, permit and/or expansion violates
the law. Those individuals and/or citizen groups who elect not to be a part
of this agreement would not receive any release or covenant not to sue from PDC.
9. Waste Review Committee:
WRC will also act as the Environmental Review Committee
o Receive annual report from consultant (see below)
o Wil| receive report from PDC annually regarding compliance
with the best management practices for handling of
MGP/PCB waste streams
o May make recommendations to PDC for changes to
monitoring, maintenance, etc.
o Reports findings to Health Committee WRC will have an outside
consultant (hired by the County)
o Review data from monitoring program and produce report no
less than annually (including recommendations to PDC and
reports findings regarding compliance to the County Board)
o Provide technical assistance in reviewing the compatibility of
waste streams with the health and safety of the community
New waste codes (as originally proposed)
Funding for WRC (including consultant) comes from special revenue funds
from the City/County landfill i.e. tipping fees instead of a host fee - and
not dependent on general fund revenues).
PDC has appealed the County Board's refusal to site the landfill expansion to the Illinois Pollution Control Board, with that decision still pending. It also applied for a renewal of its current permit and included a proposal that would allow it to take additional waste without siting approval. That proposal also is pending with the Illinois Environmental Protection Agency.
April 26 update: Jean Roach, an outspoken opponent of the compromise, said "it will be a sad day for the activist community if people are so intimidated (they) sell out for lawyers's fees and protection from lawsuits."
Compromise opponents are especially incensed about the $100,000 in legal payments, of which $25,000 reportedly is supposed to go to Dave Wentworth who has represented the activists.
They also discount the possibility that PDC will sue the activists. When Pioneer Rail Corp sued Kellar Branch trial activists a few years ago, the courts threw out the case and ordered Pioneer to pay their legal costs.
Peoria County Board member Lynn Pearson, who chairs the health and environmental committee, said a special meeting of the board could be called to decide whether to accept the compromise. She's not sure how the board members would vote, and hopes a day-long hearing will take place before a vote.
It has not yet been discussed in her committee, she said, but could be brought up in the executive committee, or just taken straight to a special meeting. It can be called at the request of only six members, with a 48-hour notice to the public and press.
She and others have expressed concern that a decision requiring months last year with several days of public hearings could be overturned so quickly, setting a bad precedent for local government decisions.
Comments can be emailed, and will be included in a future story if appropriate.
--Elaine Hopkins