Regional Counsel
Office of Regional Counsel
United States Environmental Protection Agency, Region V
77 West Jackson Blvd.
Chicago, Illinois 60604-3590
Regional Team Manager
Environmental Justice Regional Team
United States Environmental Protection Agency, Region V
77 West Jackson Blvd.
Chicago, Illinois 60604-3590
Mr. William Seltzer
Hearing Officer
Illinois Environmental Protection Agency
1021 North Grand Ave. East
P.O. Box 19506
Springfield, Illinois 62794-9506
Permittee
North Shore Sanitary District
Application No.: 02040045
I.D. No. 097190ABI
Application Designation: 010328MELT
The issues, chronicled herein, are more than a single plan by a local
sanitary district to truck 200 tons of sanitary sewer sludge ("biosolids"),
a day, through the streets Waukegan and deliver this cargo to this proposed
new processing plant located on the Waukegan waterfront, the literal front
yard of this City. This transparent effort to move the sewage of wealthy
communities into this poor and minority City is suspect, given that the
City of Waukegan is already designated an NPL Site for Environmental Justice
for both Poverty and Minority see Exhibit A and Exhibit
B. We believe this Permitee, by defining its statutory license
in broad strokes and has distorted its statutory mandate. Thus far, this
Permitee has by-passed any review by the City of Waukegan. This Permitee
has arrogantly insisted that it is exempt from all scrutiny and it is exempt
from all City regulations including zoning, siting and building ordinances
The only opportunity the City of Waukegan, its residents and the public
have to review and discuss these plans has been at the hearing for this
Construction Permit, requested by the Permitee. We suggest that this permit
is far more than an unnecessary effort to build and operate a Sludge Dryer,
Melter which seeks to manufacture pellets of unknown content and unproved
value. Rather this is a carefully devised plan to force the reindustrialion
of the Waukegan Harbor and Lake Michigan Lakefront from North Chicago to
Zion, see Exhibit C . We believe your response to these comments,
given the compelling facts of this permit, will test the meaning of Environmental
Justice , and determine its role in future permits which impact poor and
minority communities.
We believe this Permitee designed this project to defeat any meaningful
involvement of the City of Waukegan and its citizens. We further believe
that the Illinois Environmental Protection Agency ( hereinafter referred
to as the "IEPA") has demonstrated a failure to promote meaningful public
involvement. We note the following permit errors: (a) the IEPA designation
of this project as a melter when it is in fact an incinerator, (b) the
apparent advisory decision ( of questionable legality ) by IEPA to exclude
the requirement of preliminary siting by the City of Waukegan, see Exhibit
D and Exhibit E, (c) the willingness of the IEPA
to use unacceptable air modeling [taken from the proposed but not yet approved
Kinder Morgan power plant], (d) the IEPA failure to order independent modeling
of local air issues, given the extreme and unique environmental aspect
of offshore and onshore winds and climate Lake Michigan and Waukegan Harbor,
and (e) the IEPA failure to honor Freedom of Information Act Request, see
Exhibit
F and Exhibit G, (f) Failure of IEPA to even consider
the EJ impact of this project on this community ( we are uncertain if IEPA
even recognizes EJ concerns), (g) IEPA’s failure to even consider water
quality issues relating to Waukegan Harbor an EPA designated Area of Concern
(‘AOC"), (h) IEPA’s failure to even consider issues related to the EPA
designated Expanded Study Area ("ESA"). Further we believe that IEPA has
never denied a Construction Permit and this record combined with the above
elements justify our concern. We will demonstrate how criteria and methods
used in administering the construction permit program will result in continuing
discrimination against the poor and minority community of the City of Waukegan
and will have the effect of defeating and/or substantially impairing the
evaluation and potential restoration and responsible development of its
lakefront. We will also show how the siting of this facility in Waukegan
Harbor has the purpose and/or effect of excluding individuals and denying
them the benefits of their shoreline will have the effect of defeating
and/or substantially impairing the evaluation and potential restoration
and responsible development of its lakefront.
This is unique moment in the history of the City of Waukegan. This project
will forever determine the future of the harbor front and lake front of
northeastern Lake County. The City of Waukegan, already an NPL site by
Environmental Justice for both poverty and minority, The extensive environmental
history of this City and its efforts to upgrade its harbor are discussed
herein. The harbor and lakefront represent possible future growth areas.
Any re-industrialization of this area will institutionalize NSSD and IEPA
injustice and guarantee the City of Waukegan increased poverty and the
continued pollution of its air, water and land.
The IEPA, as a federally funded entity, has a legal obligation to consider
environmental justice issues in compliance with Title VI. Under Title VI,
recipients of federal funding are forbidden from engaging in discriminatory
programs and activities. IEPA is a state agency that receives funding from
a federal entity, the U.S. Environmental Protection Agency ( U.S. EPA).
IEPA is thus under a legal obligation not to engage in activities having
discriminatory impact or effects. For the reasons described herein, IEPA’s
permitting this sludge dryer, melter is an activity that may result in
discriminatory impact and/or effects upon the predominately minority community
residing in Waukegan, Illinois. IEPA, thus, will violate its legal responsibilities
under Title VI if it allows permitting of the facility without an environmental
justice analysis. It is our understanding that IEPA has never denied a
Construction Permit.
The North Shore Sanitary District ( hereinafter referred to as
"NSSD") is anIllinois Governmental "Special District" which operates
sanitary sewer facilities in a service area from the Wisconsin boarder
to Lake-Cook Road and from the tollway to Lake Michigan, in Lake County,
Illinois. Upon information and belief, NSSD receives
federal assistance and NSSD has a legal obligation to consider environmental
justice issues in compliance with Title VI. Under Title VI, recipients
of federal funding are forbidden from engaging in discriminatory programs
and activities. NSSD is an Illinois Special District and a governmental
agency, it receives funding from fees, taxes and from state and federal
sources. NSSD is thus under a legal obligation not to engage in activities
having discriminatory impact or effects. For the reasons described herein,
NSSD’s Construction Permit is an activity that will result in discriminatory
impact and will effect the predominately minority community residing in
City of Waukegan, Illinois. NSSD, thus, will violate its legal responsibilities
under Title VI if it moves forward with permitting of this facility without
an environmental justice analysis. We believe it must demonstrate that
NSSD has established equitable criteria in siting its facilities and that
the criteria was fair to all residents in its service area and doesn’t
discriminate against any group because of race or income and that NSSD
has a policy of locating its facilities fairly throughout its service area.
OVERVIEW
On April 12, 2001 NSSD filed an Application with the IEPA requesting
a Construction Permit to construct a "sludge dryer, melter" at Dahringer
Road in City of Waukegan, Illinois. NSSD, relying on its "Special District"
status, asserts its policies pre-empt all County and Municipal ordinances.
The IEPA has failed to grasp the importance of this permit and the effect
this project will have on the continued remediation and future use of other
adjoining environmentally damaged properties along the entire Waukegan
waterfront. If this construction is permitted to proceed, it will effectively
stop all revitalization of the northeastern Lake County shoreline for residential,
office and public use. Forcing this unwanted re-industrialization on the
City of Waukegan and sparing the more affluent NSSD service areas of Highland
Park, Deerfield, Highwood, Lincolnshire, Bannockburn, Lake Forest and Lake
Bluff screams of injustice. A review of the NSSD December 2, 2000 minutes,
indicates that this building is designed for expansion, and NSSD may be
planning on building an additional facility in Zion using the same methods
tested in Waukegan. NSSD is so certain that IEPA will approve their permit,
without meaningful public participation and/or City of Waukegan oversight,
that all equipment has been purchased and the steel has been delivered
to the site. We note that any attempt by NSSD to process biosolids from
outside its service area would require local siting. We believe the NSSD
minutes evidence such a plan. The principles of Environmental Justice should
apply to all governmental actions at all levels, local, state and federal.
Here two governmental bodies, NSSD and IEPA, are attempting to institutionalize
a pattern of: Procedural Inequity, Geographical Inequity and Social Inequity
which will result in Environmental Racism and Environmental Classism. Denying
the City of Waukegan the ability plan and develop its shoreline and harbor
and to plan and zone its only remaining vacant property is inequitable.
City of Waukegan
A – City of Waukegan already designated an NPL Site For both Poverty
and Minority
Region 5, of The United States Environmental Protection Agency has already
designated a portion of the City of Waukegan as a NPL Site by Environmental
Justice Classification for both Poverty and Minority [Yeoman Creek Landfill
ID#17D980500102], see Exhibit A.
B- City of Waukegan has three active Superfund Sites
The City of Waukegan has three active Superfund Sites:
-
Yeoman Creek Superfund Site - Yeoman Creek Superfund site is actually
three landfills: the Yeoman Creek Landfill, The Edwards Field Landfill
and the Rubloff Landfill, Exhibit H
-
Johns-Manville Superfund Site – Exhibit I
-
Waukegan Manufactured Gas and Coke Company ( North Shore Gas) Superfund
Site - Remedial investigation revealed that the products of concern
are coal tar and its derived products. A baseline risk assessment at this
site was completed in 1995 Exhibit J
C – City of Waukegan has 4 major environmental remedial
areas
The location of the proposed NSSD sludge plant and the power plants
is on property adjacent to Waukegan Harbor. Four major remedial actions
have been completed that directly relate to Waukegan Harbor and the nearshore
area.
-
Outboard Marine Corporation site -In 1992, as part
of Superfund related remediations, 494 tons of PCB-contaminated sediments
were removed, thermally treated and placed in confined disposal facilities
during remediation at the Outboard Marine Corporation site Exhibit
J.
-
Johns-Manville Company - remediation was completed in 1992
and the site was found to contain a large quantity of asbestos-containing
material. This site is in the process of being cleaned up and the Waukegan
Park District is considering acquiring it as a public park. Exhibit
I.
-
Waukegan Paint and Lacquer – approximately 15 m3 of paints,
solvents and flammable solids were removed from weathered tanks before
leaking into sandy soil next to Lake Michigan Exhibit K
-
Waukegan Tar Pit - Emergency remedial actions was taken to
remove and secure free tar at the Waukegan Tar Pit in 1992 and 1993. This
removed the threat to local wildlife from becoming entrapped in the tar.
D – City of Waukegan – non-remediated environmental area
-
Old Greiss-Pfleger Tannery - Commonwealth Edison completed a Phase
2 remedial investigation in 1995.
E – Waukegan harbor is an Area of Concern
F – Waukegan Harbor is a part of Expanded Study Area
The Waukegan Harbor (AOC) is part of a Expanded Study Area (ESA) added
to explore additional concerns of the citizens beyond the AOC, bounded
by Dead River on the north; a bluff line which parallels Sheridan Road
on the west; the southern boundary of the former U.S. Steel Property on
the south; and the nearshore waters of Lake Michigan on the east.
G – City of Waukegan is located in an Ozone non-attainment
zone.
Lake County, Illinois and the City of Waukegan are a designated ozone
nonattainment area with a classification of Severe-17
The coal-fired power plant in Waukegan was ranked as the 17th
worst in the Nation see Exhibit L. In January, 2001 the Harvard
School of Public Health estimated that air pollution from the nine older
coal-burning power plants in Illinois contributed to particulate matter,
sulfur dioxide and nitrogen dioxide exposure over a large region. Spengler
and Levy were able to estimate that current emissions contribute to annual
extra risk of 300 premature deaths, 14,000 asthma attacks, and over 400,000
daily incidents of upper respiratory symptoms among the 33 million people
living within 250 miles of the geographic center of the plants.
I regret that these comments could not have been prepared in a more
formal matter but we felt that the importance of this issue required our
immediate attention.
We are asking that U.S. EPA compel IEPA to conduct an environmental
justice assessment and further, oversee any assessment conducted by IEPA.
Please call me if you have any questions or comments regarding this
or any other aspect of this case.