City of West Chicago, Illinois

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Kerr-McGee Cleanup to Conclude: City Prepares for Future Park at Site

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The former Rare Earths Facility (REF) will finally receive its remaining cleanup touch before it is transferred to the City of West Chicago for use as a new city park. The REF extracted thorium from monazite ore from 1932 to 1973. The operations generated significant quantities of waste materials and contamination of the surrounding areas. Significant decommissioning and cleanup work at the REF have been accomplished since the 1980s, with the final train car carrying thorium-contaminated soil departing the City in November 2015. Following a lengthy and comprehensive cleanup endeavor, all remediated areas were verified to comply with residential-use-based soil cleanup standards.

Although all on-site materials meet cleanup standards, residual constituents such as uranium continue to leach from some of the remediated soil into the shallow groundwater aquifer. The resulting contaminated groundwater in the shallow aquifer does not pose an exposure threat to human health and the environment because it is confined to a small geographical area, its constituent concentrations are declining, and the residential population does not use it. The shallow groundwater is not of sufficient quantity or quality as a source for drinking water or other domestic purposes. Furthermore, the existing laws and regulations prevent and control the use of this groundwater for human consumption and other uses. Groundwater in the deep bedrock aquifers, from which the City of West Chicago derives its water supply, is not impacted by the shallow groundwater contamination at the REF.

The residual occurrence of uranium in groundwater is a direct result of former operations at the
REF and all governing entities involved in the remediation require the contaminated groundwater to be remediated to the extent possible. As a result, the remaining groundwater contamination will be addressed using $36 million in federal funds remaining in the West Chicago Environmental Response Trust. The Environmental Analysis for this remediation phase, currently being drafted by IEMA, will be shared with the local stakeholders in advance of implementation.

Weston Solutions, Inc., not individually but solely in its representative capacity as the Trustee of the West Chicago Environmental Response Trust (WCERT), has begun implementing initial site activities for undertaking the final decommissioning of the REF. This final remediation will take three to five years to complete, after which the land associated with the REF will be conveyed to the City of West Chicago.

In preparation for the property transfer, the City of West Chicago has issued a Request for Proposals to landscape design firms to help the City Council create the park that will be built on the old REF site. Once a landscape design firm has been chosen, a procedure for soliciting public comment will be developed to get meaningful community involvement. This community feedback will be used to shape the final park design. In addition, the City will collaborate and partner with the West Chicago Park District on this initiative.

Sewer Smoke Testing Begins Oct. 4; What Homeowners Need to Know

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Sewer Smoke ProgramThe City’s contractor, RJN Group, will have inspection crews conducting a physical survey of the City’s sanitary sewer system using a “smoke test” beginning Tuesday, October 4 through early November. The information gained from this study will be used to improve the sewer system in keeping with state and federal regulations.

Residents in the affected areas should have received a notification that the survey would be conducted.

The map below highlights the areas scheduled for the survey.

As part of the survey, workers will access manholes to “smoke test” sewers and locate defects in the system. The smoke is non-toxic, harmless, and creates no fire hazard; and should not enter residential homes unless defective plumbing or dried up drain traps are present.

Sewer lines and manholes may be in backyards, and members of the inspection crews will need access whenever these lines require investigation. RJN Group personnel will be identified with uniforms and badges.  Homeowners do not need to be home and field crews are not required to enter your business or residence.

All survey activities are weather dependent.

How to Prepare for Smoke Testing
To prepare for smoke testing, homeowners are encouraged to pour one gallon of water into floor drains and any rarely used sinks, tubs, and toilets to ensure a water barrier is maintained in the drain traps. The drain trap water barrier prevents sewer gases or odors from entering the building.

If the drain trap water barrier is present and smoke does enter your home, this may also suggest sewer gases may be entering your home and a licensed plumber should be contacted to assess the problem.

Residents are encouraged to call the RJN Group Project Manager, Akwasi Nketia, at (630) 682-4700 ext 1322, or City of West Chicago Public Works Department at (630) 293-2255, if they have any questions about respiratory concerns or the smoke testing process.

For additional information about the survey and smoke testing, residents can visit the RJN Group’s website at https://www.rjn.com/smoke-testing-faq.

Smoke Testing Area Map (PDF)

Artboard_Smoke Test Map

Webpage Detailing Waste Transfer Station Application Launched by City

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The City has received a formal application and proposal from Lakeshore Recycling Systems, LLC (LRS) on Friday, September 16, 2022 for the construction and eventual operation of a solid waste transfer station facility at the site of 1655 Powis Road.

The City has provided a website that includes information regarding the review process along with all the application materials received.

Learn More

Application for Transfer Station to be Received by City

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Property owners near the area of 1655 Powis Road received an official mailed Notice of Intent (NOI) stating that Lakeshore Recycling Systems, LLC (LRS) would be filing a formal application and proposal on Friday, September 16, 2022 with the City that would request approval to construct and operate a solid waste transfer station facility at the site of 1655 Powis Road.

The Illinois Environmental Protection Act dictates the process for the development of a waste transfer station in a municipality, as well as the rights and responsibilities of each party’s role in the process. The City’s sole role in the process is to review the application and consider testimony at the required public hearing to decide if it meets the criteria set by State Statute. The City Council cannot simply say that it doesn’t want a second solid waste transfer station.

The City has provided detailed information regarding the transfer station review process and encourages residents to review that content for more information about the City’s role in the transfer station review process.

City’s Role in the Transfer Station Review Process

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While one is expected, the City has not received an application for a waste transfer station on Powis Road.  That said, the City would like all of the residents to understand its role in the siting proceedings for a new transfer station in the City of West Chicago.  The procedures and process, and the rights and responsibilities of the parties, are dictated by Section 39.2 of the Illinois Environmental Protection Act, by Article VII “Pollution Control Facility Site Approval Procedures” of the City’s Code of Ordinances and by the case law. It is important to note that the process governed by Section 39.2 deals only with the City’s review of a proposed site for a pollution control facility.  Any development and operational permits for the facility must be obtained from the Illinois Environmental Protection Agency. 

            Section 39.2 of the Illinois Environmental Protection Act requires that any person or party who desires to develop, construct or operate a new pollution control facility must  make a written request to the local unit of government (the “City”) in which the proposed facility is to be located.  Usually, that written “request” is accompanied by a detailed, in-depth, multi-volume application, wherein the applicant includes information which it feels addresses and demonstrates compliance with the following nine statutory criteria:

            (i)  The facility is necessary to accommodate the waste needs of the area it is intended to serve;

            (ii)  The facility is so designed, located and proposed to be operated that the public health, safety and welfare will be protected;

            (iii) The facility is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of surrounding property;

            (iv) (A) for a facility other than a sanitary landfill or waste disposal site, the facility is located outside the boundary of the 100 year flood plain or the site is flood-proofed; (B) for a facility that is a sanitary landfill or waste disposal site, the facility is located outside the boundary of the 100-year flood plain, or if the facility is a facility described in subsection (b)(3) of Section 22.19a of the Illinois Environmental Protection Act (415 ILCS 5/22.19a), the site is flood-proofed;

            (v)  The plan of operations for the facility is designed to minimize the danger to the surrounding area from fire, spills, or other operational accidents;

            (vi) The traffic patterns to and from the facility are so designed as to minimize the impact on existing traffic flows;

            (vii) If the facility will be treating, storing or disposing of hazardous waste, an emergency response plan exists for the facility which includes notification, containment and evacuation procedures used in the case of an accidental release;

            (viii)  If the facility is to be located in a county where the county board has adopted a solid waste management plan consistent with the planning requirements of the Local Solid Waste Disposal Act, or the Solid Waste Planning and Recycling Act, the facility is consistent with that plan; for the purposes of this criterion, the solid waste management plan means the plan that is in effect as of the date the application for siting approval is filed; and

            (ix)  If the facility will be located within a regulated recharge area, any applicable requirements specified by the Illinois Pollution Control Board for such areas have been met.

The actual siting process begins by the applicant providing the proper notice that is required under the Act and the Siting Ordinance and the filing of the application with the City.

            At least one public hearing to allow evidence, testimony and public comments on the nine criteria that must be satisfied to receive siting approval must be held. The purpose of the hearing is to allow all interested parties an opportunity to make their positions on the proposed facility known to the City.  Under the Illinois Environmental Protection Act, the ultimate responsibility for acting on the application is vested with the City Council. As such, the City Council and its members serve like judges and determine whether the nine criteria have been met.

The applicant has the burden of proof to establish either through a written submission and/or oral testimony that the proposed facility meets all nine criteria of Section 39.2 including whether the proposed facility is necessary. The hearing procedure also allows opponents of the facility the opportunity to place evidence in the record that rebuts or impeaches the testimony of the applicant.  Like a judge, the City Council members must  make its decision on whether the criteria has been met only on the record in this proceeding and no City Council member can prejudge the merits of the application nor will they make any comments about the application until the end of the public hearing process. 

            At the end of the public hearing process, the City Council must determine compliance or non-compliance with the criteria and approves or denies the requested site location.  Each one of the nine criteria must be met in order for the City Council to approve the siting.  Section 39.2 provides, however, that if the siting criteria are met, i.e., the evidence sufficiently supports each criterion, the siting must be approved.  Conversely, if the City Council determines that the applicant has not demonstrated compliance with all criteria, then the request for siting approval must be denied. In addition, state law provides that the City Council must make its decision based upon the record made in the underlying proceeding only. A statement justifying the siting decision must be made in writing by the City Council, it cannot just decide that it doesn’t want a transfer station or another transfer station located within the City limits.

As the City moves forward with this process, please remember that it is imperative that issues of fundamental fairness, including bias of City Council members are kept in mind and that no City Council member can pre-judge a siting application. As such, state law prevents City Council members from engaging in any substantive conversation concerning the merits of an application until it has rendered its formal decision.

With that being said, your voice is important to all of the City Council members and   you can make your opinion known by simply filing a written comment in the record or appearing at the time of the public hearing.  The City Council will fully and fairly consider any public comment properly included within the record, and your opinion is important to it as a decision maker. But it must be part of the local siting hearing for the City Council to consider it.