BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In the matter of:
)
)
PETITION OF ILLINOIS DEPARTMENT OF
)
TRANSPORTATION, DISTRICT 8, BOWMAN )
AVENUE PUMP STATION AND DEEP WELL )
SYSTEM,
FOR AN ADJUSTED STANDARD
)
FROM 35 ILL. ADM. CODE 302.208(g)
)
(NODES PERMIT NO. IL007095)
)
)
)
)
AS 2008-01
(Adjusted Standard)
NOTICE OF FILING
TO:
Dorothy Gunn, Clerk
illinois Pollution Control Board
State
of illinois Center
100 W. Randolph Street, Suite 11-500
Chicago, illinois 60601-3218
Alec Messina, Respondent
illinois Environmental Protection Agency
Division
of Legal Counsel
1021 North Grand Avenue East
P.O.
Box 19276
Springfield,
11linois 62784-9276
Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O.
Box 19274
Springfield, Illinois 62794-9274
Kenneth Liss, Interested Party
Andrews Environmental Engineering
3300 Ginger Creek Drive
Springfield, Illinois 62711
PLEASE TAKE NOTICE that I have today filed with the Office
ofthe Clerk ofthe
Pollution Control Board the attached (1) Motion for Leave to File Instanter Motion to Continue
to Stay Proceedings and Status Report, (2) Motion to Continue to Stay Proceedings and
(3)Status
Report, a copy
ofwhich is herewith served upon you.
Respectfully submitted,
ILLINOIS DEPARTMENT OF TRANSPORTATION,
Petitioner
By:~~-Ikk-
One ofIt ttomeys
Lance T. Jones
Carrie Zalewski (Solberg)
Cindy Bushur-Hallam
Office
of Chief Counsel
2300 South Dirksen Parkway, Room 311
Springfield, Illinois 62764
Phone: (217) 782-3215
Lance.Jones@illinois.gov
Electronic Filing - Received, Clerk's Office, November 3, 2008
CERTIFICATE OF SERVICE
I, undersigned, certify that on this __ day ofNovember, 2008, I served electronically
the attached
(1)
MOTION FOR LEAVE TO FILE INSTANTER MOTION TO CONTINUE TO
STAY PROCEEDINGS AND STATUS REPORT, (2) MOTION TO CONTINUE TO STAY
PROCEEDINGS, and
(3) STATUS REPORT, upon the following persons:
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100
West Randolph
Chicago, lllinois 60601
And electronically and
by first class mail, postage affixed, to the persons listed on the NOTICE
OF FILING.
Respectfully submitted,
ILLINOIS DEPARTMENT OF TRANSPORTATION,
Petitioner
By:
;:~ &h.J-~
One of'Ittomeys
Lance T. Jones
Carrie Zalewski (Solberg)
Cindy Bushur-Hallam
Office
of Chief Counsel
2300 South Dirksen Parkway, Room 311
Springfield, Illinois 62764
Phone: (217) 782-3215
LanceJones@illinois.gov
Electronic Filing - Received, Clerk's Office, November 3, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
In the matter of:
)
)
PETITION OF ILLINOIS DEPARTMENT OF
)
TRANSPORTATION, DISTRICT
S, BOWMAN )
AVENUE PUMP STATION AND DEEP WELL
)
SYSTEM,
FORAN ADJUSTED STANDARD
)
FROM 35 ILL. ADM. CODE 302.20S(g)
)
(NODES PERMIT NO. IL007095)
)
)
)
)
AS 200S-01
(Adjusted Standard)
MOTION FOR LEAVE TO FILE INSTANTER MOTION
TO CONTINUE TO STAY PROCEEDINGS AND STATUS REPORT
NOW COMES Petitioner, the lllinois Department of Transportation ("Department") by
and through its attorneys, and moves the lllinois Pollution Control Board ("Board") to grant its
request for leave to file
instanter
its Motion to Continue to Stay Proceedings and Status Report
states and asserts as follows:
1.
On December 20, 2007, the Board granted the Department'sMotion to Stay the
Proceedings
ofthe
In
Matter of: Triennial Review of Sulfate and Total Dissolved Solids Water
Quality Standards: Proposed Amendments To 35
TIL Adm. Code 302.1 02(b)(6), 302.1 02(b)(S),
302.102(b)(l0), 302.20S(g), 309.103(c)(3), 405.109(b)(2)(A), 409.109(b)(2)(B), 406.100(d);
Repealer
of30 TIl. Adm. Code 406.203 and Part 407; and Proposed New 35 TIL Adm. Code
302.20S(h), R07-9 ("Triennial Rille") which satisfies the Department'spetition for adjusted
standard for sillfate and total dissolved solids ("TDS").
In
the Order, the Board stated that the
Stay will terminate "through final Board action
in Triennial, at which time the Department must,
within 45 days thereafter, file with the Board either a motion to voluntarily dismiss AS OS-I,
or
notice ofthe Department'sintent
to
go furward with the adjusted standard proceeding,
accompanied
by a status report."
-------
------~~~~~-
Electronic Filing - Received, Clerk's Office, November 3, 2008
2.
On September 4, 2008, the Board adopted the Triennial Rule and set for forth
final notice.
3.
The Department inadvertently failed to file with the Board within 45 days ofthe
Board'sfinal action
in the Triennial Rule as required by the Board'sDecember 20, 2007 Order.
4.
This Motion for Leave to File
instanter
is made in good faith and is not for the
purpose
ofundue delay.
WHEREFORE, the Department requests that the Board grant its request for Leave to File
Motion to Continue to Stay Proceedings and Status Report
instanter.
Respectfully submitted,
By:
ILLINOIS DEPARTMENT OF
TRANSPORTATION
Oneos
('~~r£kfk~
Attorneys
.
LanceT. Jones
Carrie Zalewski (Solberg)
Cindy Bushur-Hallam
Illinois Department
of Transportation, Office of ChiefCounsel
2300 South Dirksen Parkway, Room 311
Springfield, lllinois 62764
Phone: (217)782-3215
Lance.!ones@i11inois.gov
Electronic Filing - Received, Clerk's Office, November 3, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In the matter of:
)
)
PETITION OF ILLINOIS DEPARTMENT OF
)
TRANSPORTATION, DISTRICT 8, BOWMAN )
AVENUE PUMP STATION AND DEEP WELL )
SYSTEM, FOR AN ADJUSTED STANDARD
)
FROM 35 ILL. ADM. CODE 302.208(g)
)
(NODES PERMIT NO. IL007095)
)
)
)
)
AS 2008.01
(Adjusted Standard)
MOTION TO CONTINUE TO
STAY
PROCEEDINGS
NOW COMES Petitioner, the lllinois Department ofTransportation ("Department") by
and through its attorneys, and requests that the lllinois Pollution Control Board ("Board")
continue to stay the proceedings
in this matter, pending the United States Environmental
Protection Agency's ("USEPA's")
40 CFR 131.21 review ofthe Triennial Rule stating as
follows:
1.
On July 27, 2007, the Department filed a petition for an adjusted standard from
the Board'sgeneral use water quality standards for sulfate and total dissolved solids ("TDS") at
35
TIL Adm. Code. The Department'spetition for relief concerns discharge from its District 8
Bowman Avenue Pump Station in East St. Louis, St. Clair County.
In
its petition, the
Department proposed adjusted standards
of 642 mglL for sulfate and 1,128 rnglL for TDS.
2.
On November 13, 2007, the Department filed a Motion to Stay Proceedings,
pending the Board'sdecision
in Triennial Review of Sulfate and Total Solids Water Quality
Standards ("Triennial") which would satisfy the Department's adjusted standard proposed for
sulfate and TDS.
3.
On December 20,2007, the Board granted the Department'sMotion to Stay,
stating the Stay would
be terminated "through final Board action in Triennial, at which time the
Electronic Filing - Received, Clerk's Office, November 3, 2008
Department must, within 45 days thereafter, file with the Board either a motion to voluntarily
dismiss AS 08-1,
or notice ofthe Department'sintent to go forward with the adjusted standard
proceeding, accompanied
by a status report."
4.
On September 4, 2008, the Board adopted the Triennial Rule and directed the
Clerk to file with the Secretary
ofState for publication in the illinois Register for final adoption.
The Triennial Rule, as adopted on September 4, 2008 satisfies the Department'spetition for
adjusted standard for sulfate and TDS. To the Department'sknowledge, the USEPA has not
issued a review
ofthe Triennial Rule as required under 40 CFR 131.21.
5.
The Department requests that the Board continue to Stay the proceedings pending
the USEP
A'sreview ofthe Triennial Rule.
6.
This Motion to Continue to Stay is made in good faith and is not for the purpose
ofundue delay. A stay ofthe Department'spetition could preserve Board resources and promote
judicial economy.
WHEREFORE, the Department requests that the Board stay the proceedings in this
matter until such time the USEPA issues a review
ofthe Triennial Rule pursuant to 40 CFR
131.21.
Respectfully submitted,
ILLINOIS DEPARTMENT OF
TRANSPORTATION
By:
One
~~-~
0 ts Attorneys
LanceT. Jones
Carrie Zalewski (Solberg)
Cindy Bushur-Hal1am
illinois Department
of Transportation, Office of ChiefCounsel
2300 South Dirksen Parkway, Room
311
Springfield, Illinois 62764
Phone: (217) 782-3215
Lance.Jones@il1inois.gov
~~-~~~-
---~-------
Electronic Filing - Received, Clerk's Office, November 3, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In
the matter of:
)
)
PETITION OF ILLINOIS DEPARTMENT OF
)
TRANSPORTATION, DISTRICT 8, BOWMAN )
AVENUE PUMP STATION AND DEEP WELL )
SYSTEM, FOR AN ADJUSTED STANDARD
)
FROM 35 ILL. ADM. CODE 302.208(g)
)
(NODES PERMIT NO. IL007095)
)
)
)
)
STATUS REPORT
AS 2008-01
(Adjusted Standard)
NOW COMES Petitioner, the lllinois Department of Transportation ("Department") by
and through its attorney, and submits this Status Report in this matter.
On July
27,2007, the Department filed a Petition for Adjusted Standard requesting relief
from the Board's general use water quality standards for sulfate and total dissolved solids (TDS)
at 35
IL. Adm. Code 302.208(g).
On September 20, 2007, the Board issued an Order adopting the first-notice proposal in
the Triennial Rule (R 07-09).
On November 13, 2007, the Department filed a Motion to Stay the Proceedings pending
the decision in the Triennial Rule.
On December 20, 2007, the Board granted the Department'sMotion to Stay, stating the
Stay would
be "terminated through final Board action in Triennial, at which time the Department
must, within 45 days thereafter, file with the Board either a motion to voluntarily dismiss AS 08-
1, or notice ofthe Department'sintent to go forward with the adjusted standard proceeding,
accompanied
by a status report."
--
..._-... . .•...•
-
...
Electronic Filing - Received, Clerk's Office, November 3, 2008
On May 1, 2008, the Board issued an order proposing a second-notice opinion proposal
in the Triennial
Rille.
On June 19, 2008 the Board adopted proposed aIJ:lendments for second notice for the
Triennial Rule.
The amended Triennial Rule still satisfies the Department's petition for adjusted
standards
for sulfate and TDS.
On September 4, 2008, the Board adopted the amendments for the Triennial Rille and
filed with Secretary
of State for publication in lllinois Register for final adoption.
As discussed in the Department's Motion to Continue the Stay, the Triennial Rule, as
adopted on September 4, 2008 satisfies the Department'spetition for adjusted standard for
sulfate and
TDS and therefore becomes moot if approved by the USEPA.
WHEREFORE, the Department requests that the Board stay the proceedings in this
matter until such time the
USEPA issues a review ofthe Triennial Rule pursuant to 40 CFR
131.21.
Respectfully submitted,
By:
ILLINOIS DEPARTMENT OF
TRANSPORTATION
O~ts
~~-I#k
ttml1eys
Lance T. Jones
Carrie Zalewski (Solberg)
Cindy Bushur-Hallam
lllinois Department
ofTransportation, Office of Chief Counsel
2300 South Dirksen Parkway,
Room 311
Springfield, lllinois 62764
Phone: (217) 782-3215
Lance.Jones@illinois.gov
Electronic Filing - Received, Clerk's Office, November 3, 2008
