PROPOSED EXTENSION OF ADJUSTED STANDARD )
APPLICABLE TO ILLINOIS-AMERICAN WATER
)
COMPANY'S ALTON PUBLIC WATER SUPPLY
)
FACILITY DISCHARGE TO THE MISSISSIPPI RIVER )
IN THE MATTER OF :
BY :
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
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AS 2007-2
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TO:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601-3218
Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P
.O
. Box 19274
Springfield, Illinois 62794-9274
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Pollution Control Board the attached
Motion for Extension of Time to File Recommendation and
Affidavit,
a copy of which is herewith served upon you .
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Thomas M . Andryk
Assistant Counsel
Division of Legal Counsel
DATED : December 15, 2006
1021 N . Grand Ave. East
P
.O
. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
NOTICE OF FILING
Bradley S . Hiles
Alison M. Nelson
Backwell, Sanders, Peper & Martin, LLP
720 Olive Street, 24" Floor
St. Louis, MO 63101
Bill Richardson, General Counsel
Department of Natural Resources
One Natural Resources Way
Springfield, Illinois 62702-1271
THIS FILING IS SUBMITTED
ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
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IN THE MATTER OF
:
)
PROPOSED EXTENSION OF ADJUSTED STANDARD )
APPLICABLE TO ILLINOIS-AMERICAN WATER
)
COMPANY'S ALTON PUBLIC WATER SUPPLY
)
FACILITY DISCHARGE TO THE MISSISSIPPI RIVER )
MOTION FOR EXTENSION OF TIME TO FILE RECOMMENDATION
NOW COMES the Illinois Environmental Protection Agency ("Illinois EPA") by one of
its attorneys, Thomas M. Andryk, and moves the Hearing Officer to grant it an extension of time
to file its response to Illinois-American Water Company's ("Illinois-American" or "Petitioner")
Petition for Adjusted Standard, due on December 15, 2007, until February 14, 2007 . In support
of its request, the Illinois EPA states as follows
:
I
.
On October 31, 2007, Illinois-American filed a Petition for an Extension of an
Adjusted Standard previously granted by the Board (with a 7-year sunset) in
regards to the requirements of 35 111 . Adm. Code Sections 302 .203, 304 .106, and
304
.124 with the Illinois Pollution Control Board ("Board") for relief from the
total dissolved solids, total iron, and offensive discharges and offensive conditions
water quality and effluent limitations applicable to discharges from its drinking
water plant operation located in the City of Alton, Madison County, Illinois
.
2 .
On November 29, 2006, Illinois-American filed a Certificate of Publication with
the Board pursuant to 415 ILCS 5/28
.1(d)(2004) and 35 Ill . Adm . Code 104 .408
and 104.410 certifying that notice of its Adjusted Standard Petition was published
in the Alton Telegraph on November 4, 2006 and through and including
November 7, 2006 .
3 .
The Illinois EPA' is required to respond to a Petition for Adjusted Standard within
forty-five (45) days of filing pursuant to 35111 . Adm. Code 104 .416.
4.
The time required by Section 104 .416 has been inadequate for the Illinois EPA to
complete internal technical review of Illinois-American's Petition and finalize its
Recommendation .
5.
That the Petition as filed was not the same as the draft Petition discussed between
representatives of Illinois EPA and Illinois-American prior to filing and further
discussion of the changes has triggered additional issues that the parties met to
discuss on December 14, 2006 and would wish to continue to work towards
agreement on;
6 .
That on or about December 13, 2006, Illinois EPA learned that US EPA could
have some concerns over the water quality relief portion of the Petition, and this
issue will require further discussion with US EPA in the event the request for such
relief is not revised to eliminate that portion of the relief pertaining to water
quality standards;
5
.
In a telephone conversation on December 15, 2006, counsel for the Petitioner
indicated it would have no objection to Illinois EPA's request for an additional
sixty (60) days to respond .
6 .
Petitioner will suffer no prejudice should the Illinois EPA be granted an extension
of time to respond to its Adjusted Standard petition .
WHEREFORE, the Illinois EPA respectfully requests that the Hearing Officer
grant it an extension of time in which to respond to Illinois-American Water Company's Petition
for a Proposed Extension of Adjusted Standard for an additional sixty (60) days until February
15, 2007 .
Respectfully Submitted
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
DATED : December 15, 2006
1021 N. Grand Ave. East
P
.O
. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
BY :
Thomas M
. Andryk
Assistant Counsel
Division of Legal Counsel
STATE OF ILLINOIS
)
SS.
COUNTY OF SANGAMON
)
W4 .
Notary Public
AFFIDAVIT
I, THOMAS M . ANDRYK, being first duly sworn upon oath, depose and state as
follows:
1 .
I am employed by the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
as Assistant Counsel to the Bureau of Water .
2 .
As part of my duties I represent the Illinois EPA in the case IN
THE MATTER
OF: PROPOSED EXTENSION OF ADJUSTED STANDARD APPLICABLE
TO ILLINOIS-AMERICAN WATER COMPANY'S ALTON PUBLIC WATER
SUPPLY FACILITY DISCHARGE TO THE MISSISSIPPI RIVER, AS 2007-2 .
3 .
1 have prepared the Agency's Motion for Extension of Time to File
Recommendation, and the contents thereof are true and correct to the best of my
knowledge .
4 .
I contacted counsel for the Petitioner, Bradley S . Hiles, on December 15, 2006
regarding the Illinois EPA's request for an extension of time to file its
Recommendation in this matter
. Mr. Hiles indicated that he would not object to
an extension of an additional 60 days for the Illinois EPA to respond to Illinois-
American Water Company's Petition for Extension of Adjusted Standard .
FURTHER AFFIANT SAYETH NOT
SUBSCRIBED AND SWORN TO BEFORE ME
this
'S+hday
of Q
(P.YVt.~
ef
2006
.
OFFICIAL SEAL
BRENDA BOEHNER
y:
NOTARY PUBLIC, STATE OF I Wg LAyO~ISp
Ma ' $ 4'3.
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Affiant
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