About that Pessimistic Side

In a recent post I explained my optimistic and pessimistic expectations of the IPCB hearing on Stop The Mega-Dump’s (STMD) siting appeal (PCB 2010-103) to the DeKalb County Board’s approval of the 17 county expansion of the DeKalb County Landfill proposed by Waste Management of Illinois.

The optimist in me says my faith in the system, as the founding fathers intended, will be rewarded by a ruling that states any landfill decisions are to be made on scientific data that protects children and adults from harm’s way and NOT ANYTHING to do with the need for revenue streams not requiring a referendum.

My pessimistic side says money talks. It says The Price was Right for a few individuals with retirement just around the corner to see their name imprinted on a foundation stone for building monuments and leave everyone else in this county with 40-years of a growing mountain of garbage.

My pessimistic side won. The Illinois Pollution Control Board denied our appeal. They admonished STMD and dismissed our concerns, complimented the County Board and Administration and fawned over Waste Management’s “expert” witnesses.

Some low-lights from the ruling:

Technical Foul:

The Board accordingly finds here that STMD has waived any issues it raised in the petition concerning criteria (iii) and (v) but failed to address in its opening brief.[8] Additionally, as the petition’s challenges to the substance of the hydrogen sulfide conditions were not argued in STMD’s opening brief, the Board deems those waived as well. The Board will not further address here evidence or arguments concerning these criteria or conditions.

That rotten egg odor: I don’t know what the IPCB meant by the above legalese but H2S is a deadly gas and children attending school and living in homes less than 1/4 mile away are more at risk from exposure than adults. The IPCB did not attend the Public Hearing at Kishwaukee College. They weren’t there to hear the roar of laughter when Dale Hoekstra testified there wasn’t an odor problem at the landfill. They didn’t consider his testimony that explained that Waste Management chose not to inform the public of a known H2S leak. The damn dump is going to take in sevenfold more garbage.

Low Concentrations of Hydrogen Sulfide Can Cause Lasting Damage

Lower levels of hydrogen sulfide are now known to cause serious health effects.  The NC Scientific Advisory Board reports that “symptoms such as headache, nausea and eye and throat irritation” are found in communities with ambient levels “as low as 7 to 10 parts per billion” associated with periodic fluctuations at higher levels. The province of Alberta, Canada has adopted a 10 parts per billion (ppb) standard for hydrogen sulfide. California evaluated hydrogen sulfide effects on children and found that that state’s one hour standard of 30 parts per billion was too high. They found chronic exposure to 8 ppb caused observable effects on sensitive body tissues.  California’s experts concluded, “neither of these two benchmark levels should be exceeded by the properly averaged
concentration.”

According to Dr. Carman, “Demonstrable symptoms of chronic exposure include pronounced deficits in balance and reaction time, as well as such ailments as dizziness, insomnia, and overpowering fatigue.”

• Hydrogen Sulfide Gas Fact Sheet
• PUBLIC HEALTH STATEMENT Hydrogen Sulfide
• HYDROGEN SULFIDE

I would hope somebody at some level of government would consider the life, safety and health of those residents and children.

Ex Parte Communications:

The IPCB ruled that the County and Waste Management didn’t violate ex parte contact rules… (emphasis mine):

The Board first observes that the courts have long held that County Board Members act in an adjudicatory manner in proceedings under Section 39.2. Were they acting as legislators, there would be no possibility of ex parte contacts, which by definition cannot occur in the legislative context. The prohibition against ex parte contacts is not intended to be a “gag order” on the decisionmaker. It exists primarily for the protection of the public, to ensure that each person has equal access to the “ears” of the decisionmakers, and each person is aware of all the information that is being placed before the decisionmakers for their consideration.

The IPCB didn’t try to talk to the County Board members like many residents tried. Some were scolded by certain board members, “Are you trying to influence a juror?”

The IPCB got something right:

STMD believes that the various cited actions “demonstrate a continuing pattern on the part of the County of discouraging public participation”, and as such, their cumulative effect should be considered.”

The IPCB is not from around here. They can’t answer this question but DeKalb County residents can… How discouraged are you from public participation?

Our concern is that the County Board was prejudiced in their judgement in consideration of the siting application of the proposed 17 county landfill in Cortland because of their expressed need to find a funding source for a jail expansion twice rejected by referendum.

Note this quote in the Daily Chronicle reporting County board Chairman’s initial response to the IPCB ruling. (emphasis mine)

County board Chairman Larry Anderson, R-Malta, said the actual expansion of the landfill is “still a ways away.” He added that the IPCB’s decision is a step toward alleviating costly overcrowding problems at the county jail.

From Dan Kenney, Chair of Stop The DeKalb County Mega-Dump:

[STMD] will be going forward with the appeal as he outlines below. We will need additional funds to cover this process. Please send a contribution to: Stop the Mega-Dump
P.O. Box 363
DeKalb IL 60115

Also watch for upcoming dates for a get together and for a public meeting in Cortland. This fight is not over. We need all of you to stay involved. It took Kane county over 4 years to send WMI packing and Kendall county fought them for 6 years. The people of DeKalb County will win this struggle too.