R2015-24 EXECUTION OF AN AMENDMENT TO INTERGOVERNMENTAL AGREEMENT

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WHEREAS, the Agency subsequently granted CLI a modification of the Original Permit, designated and hereinafter referred to as "Permit Modification#9", which authorized the acceptance in the Chemical Waste Unit of wastes that were not authorized by the Original Permit, namely wastes contaminated with polychlorinated biphenyls, (hereinafter"PCBs") in concentrations regulated by the federal Toxic Substances Control Act, and manufactured gas plant wastes (hereinafter"MPG Wastes") with levels of toxicity exceeding the regulatory limits set forth in 35 Ill. Adm. Code 721.124(b) of the Illinois Administrative Code; and WHEREAS, based upon concerns raised by groundwater professionals, including but not limited to, staff members of the Illinois State Water Survey and persons working for KPRG and Associates, Inc., an environmental consulting firm retained by the Mahomet Valley Water Authority, the Coalition deems the operation of the Chemical Waste Unit over the Mahomet Aquifer to pose an unreasonable threat of contamination to the Mahomet Aquifer; and WHEREAS, the Parties joined together to file a complaint, (hereinafter the "Citizens Complaint")with the Illinois Pollution Control Board (hereinafter the "IPCB") in case No. PCB 2013 —022, pursuant to authority granted in Section 31(d)(1) of the Act (415 ILCS 5/31(d)(1)), in accordance with the terms and conditions of the Intergovernmental Agreement, alleging that the Chemical Waste Unit constituted a"new pollution control facility" as defined by the Act, and that CLI was violating the Act by accepting for disposal in said facility the toxic PCB contaminated waste and MPG waste referenced above without having been granted local siting approval by the DeWitt County Board as required by Section 39.2 of the Act; and WHEREAS, the IPCB granted a motion by CLI dismissing said Citizens Complaint, and the Coalition filed an appeal with the Illinois Appellate Court for the Fourth Judicial District challenging said dismissal, which appeal is currently pending in said Court; and 2