Waste Transfer Station
Lakeshore Recycling Systems, LLC (LRS) has submitted an application to the City of West Chicago for the construction and eventual operation of a solid waste transfer station facility at the site of 1655 Power Road. This webpage was created to provide transparency and serve as a source of information for residents of West Chicago.
Please use the buttons below to navigate to specific sections of the page or continue to scroll to learn more about the background of the waste transfer station, the transfer station review process (including the City's role in the transfer station process), view the transfer station application documents, or to view frequently asked questions.
Statement from Mayor Ruben Pineda
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. Once an application is filed 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. 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 under the Act have been met. No City Council member can pre-judge a siting application and under the law the City cannot simply say no to the transfer station. The process under the Illinois Environmental Act MUST be followed.
As the City moves forward with this process, please remember that it is imperative that issues of fundamental fairness are kept in mind. As such, state law prevents City Council members from engaging in any substantive conversation concerning the merits of an application or making any comments about the application until it has rendered its formal decision.
We appreciate everyone’s understanding of the City’s role in this state mandated process.
To help build transparency and understanding around this process, the City has created this webpage and will continue to maintain and update it's content as updates occur.
Public Comment
Your voice is important to all of the West Chicago 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 scheduled 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.
Please note: A public hearing date has not been determined at this time as the hearing cannot legally take place until after 90 days of formally receiving formal application for the facility. Public notice will be given once a date have been confirmed.
Background
Notice of Intent (NOI) Sent to Neighboring Properties
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.
Formal Application Received by City
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.
Transfer Station Review Process
City's Role in the Transfer Station Review Process
The City of West Chicago’s role in the siting proceedings for a new transfer station in the City of West Chicago, including 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.
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.
Section 39.2 of the Illinois Environmental Protection Act
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, and within this case, 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 nine statutory criteria.
Sec. 39.2. Local siting review.
(a) The county board of the county or the governing body of the municipality, as determined by paragraph (c) of Section 39 of this Act, shall approve or disapprove the request for local siting approval for each pollution control facility which is subject to such review. An applicant for local siting approval shall submit sufficient details describing the proposed facility and evidence to demonstrate compliance, and local siting approval shall be granted only if the proposed facility meets the following 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.
Application
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. The City of West Chicago received an application and all supporting documentation for the transfer station on Friday, September 16, 2022.
Public Hearing
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.
City Council Role:
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.
Please note: A public hearing date has not been determined at this time. Notice will be given once a date have been confirmed. Please note the public hearing cannot take place until after 90 days of formally receiving formal application for the facility.
Burden of Proof
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.
City Council Role:
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.
Determination of Compliance with Criteria
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.
Transfer Station Application Documents
The application received by, Lakeshore Recycling Systems, LLC (LRS), on Friday, September 16, 2022 has been provided below in its entirety. All the materials that were provided to the City have been organized by City staff to better assist the public with navigating the document.
Please use the buttons below to navigate to the different sections of the application, or continue to scroll through the page for more information about each section.
Nine Statutory Criteria
The application filed is presented in a series of documents outlining how the proposed projects complies with the nine statutory criteria identified within Section 39.2 of the Illinois Environmental Protection Act. Click the button below to review each of the nine criterion identified within the Act.
Sec. 39.2. Local siting review.
(a) The county board of the county or the governing body of the municipality, as determined by paragraph (c) of Section 39 of this Act, shall approve or disapprove the request for local siting approval for each pollution control facility which is subject to such review. An applicant for local siting approval shall submit sufficient details describing the proposed facility and evidence to demonstrate compliance, and local siting approval shall be granted only if the proposed facility meets the following 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.
REPORT COVER AND TABLE OF CONTENTS
As part of the application, the applicant provided a letter of transfer along with their files for application. The applicant provided a table of contents section to coincide with its applications along with a cashier’s check payable to the City of West Chicago in the amount of $100,000 for the required filling for the application.
To view the full table of contents, please click the button below.
CRITERION 1: THE FACILITY IS NECESSARY TO ACCOMMODATE THE WASTE NEEDS OF THE SERVICE AREA
The Illinois Environmental Protection Act, at 415 ILCS 5/39.2 (a)(i), requires that an applicant for a transfer station siting demonstrate that the proposed facility is necessary to accommodate the waste needs of the area it is intended to serve.
CRITERION 1
- Narrative
- Figures
- Figure 1-1 Transfer Station Service Area
- Figure 1-2A 1995 Transfer Stations
- Figure 1-2B 2020 Transfer Stations
- Figure 1-2C 2020 Transfer Stations and Companies Serving Various Municipalities
- Figure 1-2D Permitted Facilities for Hydro Excavation Wastes
- Figure 1-3 IEPA Regions
- Figure 1-4A Service Area and Landfill Locations - 1995
- Figure 1-4B Service Area and Landfill Locations - 2020
- Tables
- Table 1-1 West DuPage Recycling and Transfer Station Service Area Townships
- (in text)
- Table 1-2A Service Area Census Data 2010–2040
- Table 1-2B Summary of Waste Disposal Volume (in text)
- Table 1-2C Solid Waste Projections Utilizing Census Data 2020 - 2040 and
- SWMP
- Table 1-2D Summary of Waste Disposal Volume
- Table 1-3A Summary of Shortfall/Need in Service Area (in text)
- Table 1-3B Population of Municipalities Served by Hauling Company (in text)
- Table 1-4 Hauling Company by Municipality
- Table 1-5 Illinois Active Landfills (in text)
- Table 1-6 Illinois Landfill Waste Disposal Volumes and Capacity
- Table 1-7 Percentages of Collection Revenues and Internal Disposal (in text)
- Table1-8 Revenues per Ton of Waste Disposed - 2021 (in text)
- Table 1-9 Comparison of Transfer Station Density (in text)
- Table 1-10 Summary of Reduced Environmental Impacts (in text)
- Appendices
- Appendix 1-A Affidavit by Rich Golf
- Appendix 1-B1 Letters of Support from Hydro Excavating Companies and
- Associations
- Appendix 1-B2 Letter of Support from Strom
- Appendix 1-B3 Letters of Support from Waste Haulers
- Appendix 1-B4 Letters of Support from Municipalities
- Appendix 1-B5 Letters of Support from Demolition and Construction Companies
- Appendix 1-B6 Letters of Support from Citizens
- Appendix 1-C West Chicago Host Agreement
- Appendix 1-D DuPage County Host Agreement
CRITERION 2: DESIGN, LOCATION STANDARDS, AND OPERATING PLAN
The Illinois Environmental Protection Act, at 415 ILCS 5/39.2 (a)(ii), requires that an applicant for a transfer station siting demonstrate that the facility is so designed, located, and proposed to be operated so that the public health, safety, and welfare will be protected.
CRITERION 2
- Narrative
- Figures
- Figure 2-1 Site Location Map
- Figure 2-2 Surrounding Properties and Zoning
- Figure 2-3 Surrounding Properties
- Figure 2-4 MSW and SSR Storage Plan
- Tables
- Table 2-1 750 Tons per Day Construction or Demolition Debris
- Table 2-2 250 Tons per Day Single Stream Recyclables
- Table 2-3 650 Tons per Day Municipal Solid Waste
- Table 2-4 300 Tons per Day of Hydro Excavation Waste
- Appendices
- Appendix 2A C&D Recycling Permit
- Appendix 2-B1 2015 Ordinance Granting Planned Unit Development
- Appendix 2B-2 2020 Ordinance Granting Amended Planned Unit Development
- Appendix 2-C1 Certificate of Good Standing
- Appendix 2-C2 Solid Waste Management Experience
- Appendix 2-C3 Deed for OSCAR IL LLC
- Appendix 2-D1 Railroad Property Photographic Log
- Appendix 2-D2 Letter from West Chicago
- Appendix 2-E1 Request for State Historic Preservation Office Review
- Appendix 2-E2 Response from State Historic Preservation Office
- Appendix 2-E3 EcoCAT Information
- Appendix 2-F1 Stormwater Report November 2019
- Appendix 2-F2 DuPage County Authorization for Stormwater Certification
- Appendix 2-F3 West Chicago Site Development Permit
- Appendix 2-F4 West Chicago Approval of Record Drawings
- Appendix 2-F5 NPDES General Permit
- Appendix 2-G1 Runway Protection Zones
- Appendix 2-G2 Avigation Easement
- Appendix 2-G3 DuPage Airport Agreement
- Appendix 2-H Hydro Excavation Operating Plan
- Appendix 2-I Ventilation and Odor Control System
- Appendix 2-J WDRTS Filing Affidavit
CRITERION 3: LAND USE COMPATABILITY AND REAL ESTATE IMPACT STUDY
The Illinois Environmental Protection Act, at 415 ILCS 5/39.2 (a)(ii), requires that an applicant for a transfer station siting demonstrate that the proposed facility is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding property.
CRITERION 3
- Land Use Compatibility and Real Estate Impact Study
CRITERION 4: FLOODPLAIN ASSESSMENT
The Illinois Environmental Protection Act, at 415 ILCS 5/39.2 (a)(vi), requires that an applicant for transfer station siting demonstrate that the proposed transfer station is located outside the boundary of the 100-year floodplain or that the site is flood proofed.
CRITERION 4
- Narrative
- Figures
- Figure 4-1 Flood Insurance Rate Map
- Appendices
- Appendix 4-A DuPage County Stormwater Certification
- Appendix 4-B Floodplain Evaluation from Approved Stormwater Report
CRITERION 5: INCIDENT PREVENTION AND RESPONSE PLAN
The Illinois Environmental Protection Act, at 415 ILCS 5/39.2 (a)(v), requires that an applicant for a transfer station siting demonstrate that the plan of operations for the facility is designed to minimize the danger to the surrounding area from fires, spills, or other operational accidents.
CRITERION 5
- Narrative
- Figures
- Figure 5-1 Emergency Vehicle Traffic Plan
CRITERION 6: TRAFFIC IMPACT STUDY
The Illinois Environmental Protection Act, at 415 ILCS 5/39.2 (a)(vi), requires that an applicant for transfer station siting demonstrate that the traffic patterns to or from the facility are so designed as to minimize the impact on existing traffic flows.
CRITERION 6
- KLOA Report
- Appendix
CRITERION 7: HAZARDOUS WASTE PRECLUSION
The Illinois Environmental Protection Act, at 415 ILCS 5/39.2 (a)(vi), requires that an applicant for transfer station siting demonstrate 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 to be used in case of an accidental release.
CRITERION 7
- Narrative
CRITERION 8: SOLID WASTE MANAGEMENT PLAN CONSISTENCY ANALYSIS
The Illinois Environmental Protection Act, at 415 ILCS 5/39.2 (a)(viii), requires that an applicant for a transfer station siting demonstrate that the proposed transfer station is consistent with a solid management waste plan adopted pursuant to the planning requirements of the Local Solid Waste Disposal Act or the Solid Waste Planning and Recycling Act.
CRITERION 8
- Narrative
- Appendices
- Appendix 8-A DuPage County SWMP Volume 1
- Appendix 8-B DuPage County SWMP Volume 2
- Appendix 8-C DuPage County SWMP Volume 3
- Appendix 8-D DuPage County SWMP 1996 Update
- Appendix 8-E DuPage County SWMP 2001 Update
- Appendix 8-F DuPage County SWMP 2007 Update
- Appendix 8-G DuPage County SWMP 2012 Update
- Appendix 8-H DuPage County SWMP 2017 Update
- Appending 8-I DuPage County SW Plan Consistency Letter
CRITERION 9: REGULATED RECHARGE AREA
The Illinois Environmental Protection Act, at 415 ILCS 5/39.2 (a)(ix), requires that an applicant for a transfer station siting demonstrate that the proposed transfer station is not located within a regulated recharge area, and that any applicable requirements specified by the Illinois Pollution Control Board for such areas have been met.
CRITERION 9
- Narrative
DRAWINGS
As part of the application, the applicant provided all architectural and engineering drawing pertinent to the proposed project.
DRAWINGS
- Drawing C000 Cover Page
- Drawing C100 Aerial Photograph and Surrounding Features
- Drawing C100A Aerial Photograph with USGS Site Topography
- Drawing C100B Flood Information and Zoning Composite
- iv Application for Local Siting Approval
- LRS - West DuPage Recycling and Transfer Station
- CEC Project 163-899
- August 2022
- Drawing C101 ALTA/NSPS Land Title Survey
- Drawing C102 Existing Site Conditions West
- Drawing C103 Existing Site Conditions East
- Drawing C104 Amended P.U.D. Site Plan West
- Drawing C105 Amended P.U.D. Site Plan East
- Drawing C106 Amended P.U.D Grading and Drainage Plan West
- Drawing C107 Amended P.U.D Grading and Drainage Plan East
- Drawing C108 Amended P.U.D Utilities West
- Drawing C109 Amended P.U.D Utilities East
- Drawing C200 Proposed Site Plan West
- Drawing C201 Proposed Site Plan East
- Drawing C300 Hydro Excavation Waste Building Plan
- Drawing C301 MSW and SSR Transfer Building Plan View
- Drawing C302 Combined Building Plan
- Drawing C400 Vehicle Traffic Flow Plan
- Drawing C401 Vehicle Tracking Turning Plan
- Drawing C402 Queing/Stacking Plan
- Drawing C403 Signage and Pavement Marking Plan
- Drawing A1A MSW and SSR Transfer Building Elevation Views 1
- Drawing A1B MSW and SSR Transfer Building Elevation Views 2
- Drawing A2 MSW and SSR Transfer Building Elevation Views 3
- Drawing A3 Hydro Excavation Waste Building Elevation View