Illinois Supreme Court Orders The Third District Appellate Court To Vacate Their April 24 Decision.
June 6, 2008
POWER has learned the Illinois Supreme Court has ruled in favor of the
The County's motion for a supervisory order. As a result, the Illinois Supreme Court, in the
exercise of its supervisory authority, has directed the Third District
Appellate Court to vacate their April 24 decision to reverse their 2006
denial of the second Barbara/Volini landfill application. The Appellate
Court is directed to reconsider the case including all the other issues
raised by the parties to the appeal which the Appellate Court failed to
rule on. The parties to the appeal are the County of Kankakee and POWER
through Mr. Byron Sandberg. Several issues have been argued including
protection of the health and safety of the community.
Kankakee County Board Votes In favor Of
Continuing The Legal Battle Against The City of Kankakee Backed Garbage
Dump.
May 14, 2008
POWER would
like to publicly thank the 22 Kankakee County board members who voted
yes to go forward with the legal battle against the proposed Fred Barbara and Tom Volini garbage dump near Minnie Creek which dumps directly
into the river upstream from the Aqua Illinois water intake pipe.
This proposal would literally dump garbage directly into the deep aquifer
by blasting out several feet of bedrock to form the base of a 200 feet
high mountain of garbage. The IEPA refused to stop this travesty
after they were pressured by a Cook County lobbyists, Larry Suffredin hired by Barbara and Volini, all politically
connected to Mayor Daley and Governor Blagojevich.
Action by the Kankakee County Board was
needed because the Appellate Court decided to reverse their 2006 decision
against this proposal thereby allowing it to go forward. This was the
case sponsored by POWER
through Mr. Byron Sandberg with the
help of local retired attorney Ed Vogt. The County also argued their
own case at the Appellate Court at the same time which resulted in the
County'ss landfill attorney and Mr. Vogt supporting each other's
case against the proposed dump. At this point the Appellate Court has
failed to rule on the issues the County's attorney argued.
Sadly County Board members Kelly McLaren
and Karen Campbell voted No and therefore support the dumping of
garbage directly into the deep aquifer next to Minnie Creek. They have
consistently supported this dump proposal. Karen Campbell is a City
of Kankakee employee and should have abstained from voting on this issue
because of her conflict of interest. Kelly McLaren is running for Recorder
of Deeds this coming November and is seeking local Union Bosses support.
Local Union Bosses have been huge supporters of the Fred Barbara/Tom
Volini dump.
Watch the Attorneys and
the Kankakee County Board discuss the County's legal battle to stop
the Fred Barbara/Tom Volini proposed garbage dump which is backed by
City of Kankakee Mayor Green and local Union bosses.
 Click to view video
Garbage-To-Ethanol Plants Are Being Built Elsewhere. Why Not Here?
May 1, 2008
Please click on this link http://www.brightcove.tv/search.jsp?query=coskata
It will take you to some very informative short video clips on Coskata, Inc. www.coskata.com. This is the company General Motors is in partnership with in Warrenville, Illinois which is building garbage-to-ethanol plants. Warrenville is near Aurora. They are planning to build these plants on a global basis. There is no reason why we can't get one here.
Even if Mayor Green and Barbara -Volini win their dump, it will be cheaper to process garbage into ethanol then dumping it. Don't forget all the jobs that these plants create.
Lake County Indian projects a savings of $12,000,000 per year in garbage removal costs for their County with the building of two garbage-to-ethanol plants by two other companies within their county and the creation of 250 jobs and hundreds more in construction jobs. See article here http://www.nwi.com/articles/2008/03/21/news/lake_county/doc1a0efe9ecdc9fbe086257413000d5e12.txt
Why can't this be done here? If City of Kankakee Mayor Green and our Kankakee County economic development leaders made the same effort to get a garbage-to-ethanol plant as they have for garbage dumps, it would happen!
POWER Fundraiser A Success!
February 11, 2008
Protect Our Water, Environment, and River (POWER) wishes to thank the 60 attendees and 24 local merchants or donors who helped make our February 10 Valentine's Dinner, Dance, and Silent Auction a truly elegant evening and a smashing success.
We extend our gratitude to: Andrea Taylor and Family, AnteUP Productions, Applebee's Restaurant, Aurelio's Pizzeria, Brickstone Brewery and Restaurant, Car Care Auto Center, Cracker Barrel Restaurant, Fifth Avenue Car Wash, Groucho's Coffee Cafe, Jeff Jarvis and Family, Hampton Inn, King Music, Love Shop, Oberweis Dairy (Happy Cows LLC), Paramount and Meadowview Theatres, Papa John's Pizza, Romer's Bakery/A Piece of Cake, Skinney's Pizza, TGIFriday's Restaurant, The Chicago Dough Company, Tholen's Landscape and Garden Center, TrendSetters College of Cosmetology, TriStar Martial Arts Academy, and Village Home Furnishings. Thank you for helping protect the water supply and health of Kankakee Valley citizens and the health of the Kankakee and Iroquois rivers against potential toxic leachate from the two proposed landfills.
IPCB AFirms 3-17-04 County Board Decision.
January 24, 2008
Illinois Pollution Control Board affirms the March 17, 2004 decision by the Kankakee County Board denying siting of a 302 acre garbage dump by Waste Management, Inc.
The Board finds that the proceedings before the County were fundamentally fair and Waste Management was not prejudiced by the proceedings. The Board further finds that the County's decision relating to the need for the facility (415 ILCS 5/39.2(a)(i) (2006)), the facility's design to minimize the impact on surrounding property (415 ILCS 5/39.2(a)(iii) (2006)), and the traffic patterns (415 ILCS 5/39.2(a)(vi) (2006)) is not against the manifest weight of the evidence. The Board therefore affirms the County's decision to deny siting for the landfill expansion proposed by Waste Management.
Waste Management has 35 days to appeal this decision against them to the Appellate Court. Click here to view the case details http://www.ipcb.state.il.us/documents/dsweb/Get/Document-59998/
Illinois Pollution Control Board to hear Waste Management's Appeal.
December 7, 2007
The Illinois Pollution Control Board will hear Waste Management's
appeal of the 2003 Kankakee County Board rejection of their proposed
302 acre, 200 feet high Chicago regional garbage dump which would
be located within walking distance of the river and upstream from
the Aqua Illinois water intake pipe.
IPCB will hear the case in Chicago and make a decision by January
24. If Waste Management wins their appeal, under the law, the IPCB
would remanded the dump proposal back to the County Board for another
vote. In their appeal, Waste Management contends the County board
members, who voted No to three of the 9 criteria required by law
to win approval, did not base their decision on evidence presented
by Waste Management during their garbage dump hearing. Waste Management
has been asking for delays since 2003.
This is one of two proposed Chicago regional garbage dumps to be
sited in the immediate water shed of the Kankakee and Iroquois Rivers.
The other garbage dump is being proposed by Town & Country Utilities
owned by Tom Volini and Fred Barbara. Fred Barbara was recently
implicated in a Chicago mob trial and according to Chicago newspapers,
is a close friend of Chicago Mayor Daily. If both dump proposals
happen, a total of 600 acres, 200 feet high in garbage would be
dumped by as many as 600 semi-trucks daily.
Tom Volini being sued by the Illinois Attorney General
August 5, 2007
Tom Volini of Town & Country Utilities, developer of the proposed
Chicago regional garbage dump with the City of Kankakee,
is being sued by the Illinois Attorney General over illegal
dumping near his proposed dump site. Pictures obtained by POWER
of the illegal dumping of semi-truck loads of construction debris
and other garbage were turned over to the IEPA which has resulted
in this suit. The case has been filed with the Circuit Court in
the Kankakee County Court House. It is scheduled to be heard September
27, 9:00 A.M. room 204. An answer to this case by Mr. Volini is
due by August 29.
June 6, 2007
Illinois EPA Hearing To Be Held Wednesday June 13 at 6:00 PM In
The KCC Auditorium
POWER, OUTRAGE, Mini Creek Drainage District and other local groups
requested the IEPA to hold a legal hearing on Mr. Volini's latest
dump proposal for a Chicago regional landscape dump to be located
next to his proposed Chicago regional garbage dump. Both are to be
located next to Mini Creek which drains directly into the Kankakee
River up stream from the Aqua Illinois water intake pipe, a source
of water for thousands.
This latest proposal must be stopped. Just like his garbage dump
proposal, this is in an area that has little or no clay protecting
the shallow and deep aquifers from being polluted. It is also in
an area that is flood prone. The water table is near the surface.
Please click on Expert Reports and read what three independent scientists
have to say about the unsuitability of the hydro geology in that
area for dumping any garbage because it will result in polluting
the river, Mini Creek and the ground aquifers. Water supply for
thousands of people and wild life.
Urgent, Please attend this hearing. You will be given the opportunity
to speak.
You can also send written comments to
Stephanie Flowers, Hearing Officer (#21)
Re: Kankakee Regional Landfill L.L.C.
Illinois EPA
1021 North Grand Ave. East, P.O. Box 19276
Springfield, Illinois 62794-9276
Phone: 217-782-5544
Written comments can be sent now and up to 30 days after the hearing
date. This means July 13, 2007 is the deadline for written comments.
Thursday March 22, 2007
City of Kankakee/Tom Volini Proposed Chicago Garbage Dump Suffers
Major Set Back!
Tom Volini of Town & Country Utilities and the City of Kankakee
suffered a blow to their proposed Chicago regional garbage dump
today. The Illinois Supreme Court announced their decision to overrule
the Appellate Court and to affirm the Pollution Control Board's
decision to disallow the proposed Town & Country/City of Kankakee
Chicago regional garbage dump because the applicant failed to prove
protection of the health and safety of the community.
With this decision, Town & Country's first application for
this garbage dump proposal is now stopped. A second application
for this dump proposal is currently on appeal with the Appellate
Court . A decision by the Appellate Court against Town & Country
Utilities would likely end this dump proposal unless Town &
Country attempts a third application which would start the whole
process over from the beginning with a multi-week hearing conducted
by the City of Kankakee.
Supreme Court Summaries
Opinions filed March 22, 2007
Nos. 101619, 101652 cons. Town & Country Utilities, Inc. v.
Illinois Pollution Control Board
Appellate citation: No. 3–03–0025 (unpublished order
under Supreme Court Rule 23).
JUSTICE FITZGERALD delivered the judgment of the court, with opinion.
Chief Justice Thomas and Justices Freeman, Kilbride, Garman, Karmeier,
and Burke concurred in the judgment and opinion.
In 2003, the city of Kankakee received an application for a new
solid waste landfill, to be located on a site recently annexed to
the city. After hearing testimony, the city approved the application,
but the county of Kankakee and others objected and appealed to the
Pollution Control Board. The Board reversed the city ‘s decision.
Judicial review in such matters is in the appellate court, rather
than the circuit court. The appellate court for the Third District
reversed the Board’s decision, finding that the result reached
at the local level should be deferred to.
On appeal to the Illinois Supreme Court, the issue presented was:
on judicial review, which body should have its decision subjected
to the manifest weight standard--the city or the Board? In the opinion
issued today, the supreme court held that the decision to be reviewed
is that of the Board. This result is required by statute. The appellate
court’s ruling was error on this question.
Evaluating the result reached by the Board, the supreme court
held that its decision, rejecting the city’s approval of the
landfill application on the basis of the evidence then presented,
was not against the manifest weight of the evidence. The appellate
court was reversed.
Monday, November 20, 2006
POWER Beats Volini/City of Kankakee In The Appellate Court
POWER received word today that the Appellate Court has ruled in our
favor and against the Volini second application to site a Chicago
regional garbage dump with the City of Kankakee.
POWER sponsored this case on behalf of POWER supporter Byron Sandberg
and was represented by attorney Ed Vogt.
POWER also has hired Dr. G. Fred Lee, a nationally known landfill
expert from California. See Dr. G. Fred Lee's background at http://www.gfredlee.com
See his full report on the Volini/City of Kankakee dump proposal at
http://www.members.aol.com/annejlee/KankakeeLFfinal.pdf
POWER also has worked with Stu Cravens. A hydro geologist in Illinois
with Kelron.
All this was done by raising money through various fund raisers such
as garage sales, raffle, etc.
Volini 2 was overturned by the Appellate Court in Ottawa. They ruled
that Volini violated the 172 Landfill Siting Legislation which prohibits
filing a second time with the same application within two years of
the first application.
Now Mr. Volini must win the case filed against him at the Illinois
Supreme Court by the County of Kankakee. That case deals with the
issue of public safety in regards to polluting the river and the ground
aquifers. The water source of thousands in the area.
At this month's County Board meeting an attempt was made by Mayor
Green to have the County Board withdraw their Supreme Court Case.
The motion to withdraw failed on a 11 to 8 vote.
The bottom line is it ain't over until its over and the little
guys can fight city hall and win.
Friday March 03, 2006
POWER has received word by mail the IEPA has granted a permit to
Tom Volini/ City of Kankakee to go ahead and start construction
of the infrastructure for their Chicago regional garbage dump. They
have not been granted a permit to dump any garbage at this time.
If they do get the permit to dump garbage (this is a big if because
of the legal cases they have to beat including the POWER/OUTRAGE
supported case), they will be piling it over 200 feet high by first
digging through the shallow aquifer into the primary deep aquifer.
This dump will dig into and remove several feet of bedrock believe
it or not.
We feel this was a political decision hurried up because of legislation
recently introduced in Springfield to stop landfills from being
sited within 6 miles from an airport. This dump will be less then
three miles from the Kankakee Airport. They also needed to get this
done before the election while Governor Blagojevich. is still in
office. Tom Volini and his partner Fred Barbara have ties to Mayor
Daily and Governor. Blagojevich. The Chicago papers did several
articles on Fred Barbara and his connection to organized crime,
the trucking scandal and Mayor Daily.
The IEPA completely ignored two top notch scientists, Stu Cravens
and Dr. G. Fred Lee both of whom, based on the science of the area,
filed opinions with the IEPA stating this dump is based on junk
science and will ultimately pollute the ground water and river with
garbage leachate. Dr. G. Fred Lee suggests we go to Federal Court.
He also says a landfill with this design is illegal in many states.
The fight is not over, we may go to Federal Court. In addition we
have a case at the Appellate Court and the County has a case, if
they accept it, at the Illinois Supreme Court.
When this garbage dump leachate pollutes the water supply, Volini's
company will likely file bankruptcy and the taxpayers of the city
of Kankakee will be responsible for the clean up and water rates
will go sky high to make Kankakee river water drinkable. Such a
deal.
POWER urges area citizens to write or call our State Legislators
to push for immediate passage of Senate Bill 2501 and its companion
House Bill 5515. Sponsored by State Senator Steve Forby and State
Representative Richard Bradley. This bill would immediately outlaw
the construction of landfills within a six (6) mile radius of any
general aviation airport.
Such a restriction would have killed the Volini dump if the IEPA
hadn't already issued a permit for it but it is not too late to
get this Bill passed to kill the County/Waste Management Chicago
regional Landfill proposals as it is also about three miles from
the Kankakee Airport and is not currently being considered by the
IEPA. The prohibition will take effect immediately after passage
of the Bill and prohibit any municipality or county from approving
a request for siting a landfill within a 6 mile radius of an airport.
It will also prohibit the IEPA from issuing a permit for a landfill
situated inside the six mile radius.
State Senator Debbie Halvorson: 241 W. Joe Orr Rd. Chicago Heights,
60411 (708) 756-0882
State Senator Gary Dahl: 103 Fifth St., P. O. Box 260 Peru, 61354
(815) 220-8720
State Representative Lisa Dugan: 135 S. Schuyler Ave. Kankakee
60901 (815) 939-1983
State Representative Careen Gordon: 760 E. Division Coal City 60416
(815) 634-3096
Urge them to call the bills to the Senate and House Floors for
immediate passage.
Please get the word out to your friends and neighbors in the Kankakee
area.
Check out the FAQ Page for a list of our
frequently asked questions!
|