Untitled

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD OF

THE STATE OF ILLINOIS

CITY OF GENEVA

)

ILLINOIS ENVIRONMENTAL

Clerk, Illinois Pollution Control Board

Sonjay Sofat

State of Illinois Center

Illinois Environmental Protection Agency

100 West Randolph Street

Springfield, IL 62794-9276

Chicago, IL 60601

PLEASE TAKE NOTICE

that on Wednesday, February 14,2007, we filed the

attached

Petition for NPDES Permit Appeal

with the Clerk of the Illinois Pollution Control

Board, a copy of which is herewith served upon you.

Roy

M. Harsch

DRINKER BIDDLE GARDNER CARTON

19 1 North Wacker Drive

Suite 3700

Chicago, Illinois 60606

(T) (3 12) 569-1441

(F) (3 12) 569-3441

THIS FILING IS SUBMITTED ON RECYCLED PAPER

Electronic Filing, Received, Clerk's Office, February 15, 2007

BEFORE THE lLLINOIS POLLUTION CONTROL BOARD OF

THE STATE OF ILLINOIS

LLINOIS ENVIRONMENTAL

PROTECTION AGENCY

Respondent

)

PETITION FOR NPDES PERMIT APPEAL

The City of Geneva ("City"), by its attorneys Drinker Biddle Gardner Carton petitions the

Illinois Pollution Control Board ("Board) pursuant to Section

40(a) of the Illinois Environmental

Protection Act, 41 5 ILCS

5/40(a), to grant the City a hearing to contest conditions of the NPDES

permit issued by the Illinois Environmental Protection Agency ("Illinois

EPA"). In support, the

City states as follows:

On October 13, 2006, the Illinois EPA issued final NPDES Permit No.

IL0020087

("Permit") for the City's Wastewater Treatment Plant ("Plant"). Permit attached as Exhibit 1. At

the request of the City, the Illinois EPA submitted a request for an extension of the appeal period

for

90 days to allow discussion and potential resolution of concerns that the City had with its

ability to meet permit conditions governing dissolved oxygen and copper limitations. By Order

dated December 7,2006, the Board granted the extension through February

15,2007. Order

attached as Exhibit

7

The Permit issued to the City authorizes the City to discharge from its Plant in

Geneva, Illinois to the Fox River, subject to certain conditions and limitations. Among other

limits, the permit contains effluent limits for dissolved oxygen and copper. Special Condition 15

Electronic Filing, Received, Clerk's Office, February 15, 2007

of the Permit imposes a dissolved oxygen limit of a minimum of 6 mg/L for the first time.

Illinois EPA attributes this new dissolved oxygen limit to low dissolved oxygen levels identified in

the Fox River. However, there is no showing that the area where the City discharges its effluent is

affected by such observed low dissolved oxygen levels, nor that the City's discharge causes or

contributes to an observed dissolved oxygen water quality problem in the Fox River. Moreover,

the Permit condition of a minimum 6.0

mg/L is not consistent with the current regulations found in

35 Ill. Adm. Code 302.206 which requires a 6.0 mgll during at least 16 hours of any 24 hour

period, nor less than 5.0

mgll at any time.

Because this condition is of first impression for the City, there is limited

rnonitoring data available to the City. Due to this limited monitoring data, the City is uncertain

whether it can consistently meet the dissolved oxygen limit. If changes to the Plant would be

required to meet the new dissolved oxygen limit, then a compliance schedule will be needed. The

Permit required compliance with the dissolved oxygen limit immediately.

The Board is in the process of reviewing the water quality standard for dissolved

oxygen. See

the matter of Proposed Amendments to Dissolved Oxygen Standards 35 Ill. Adm.

Code 302.206 (R2004-025).

Given that all of the participants in this rule making have supported

the adoption of

a revised water quality standard for dissolved oxygen, it is unreasonable and

infeasible to require changes or modifications at the Plant until the new standards have been set for

dissolved oxygen. Moreover, the Fox River Study Group is currently reviewing existing water

quality data, existing and future loadings and developing models for the Fox River; and will be

developing plans and potential recommendations for revised limitations based on this work.

Geneva is an active participant in this effort.

Electronic Filing, Received, Clerk's Office, February 15, 2007

Alternatively, only monitoring requirements for dissolved oxygen should be

imposed and results reported to the Illinois EPA. Illinois EPA should defer imposing limits in the

Permit,

if any, until such time in the future when appropriate and more accurate information is

available to support the need for such limits.

The Illinois EPA included a copper effluent limit not to exceed

.046 mg/L per day

and Special Condition 10 in the Permit. This limit was based upon a "reasonable potential"

analysis. While the City currently has limited monitoring data for its copper limits and

concentrations, based upon the information the City has provided to the Illinois EPA there is no

"reasonable potential" to exceed the limit imposed in its NPDES permit.

The permit as issued requires excessive monitoring of copper levels consisting of

twice per week.

The City is therefore requesting that the Board overturn the Illinois EPA's decision

to issue the Permit with the conditions as described above.

WHEREFORE, the City respectfully requests the Board to authorize a hearing, reverse the

Illinois EPA's decision, and remand the Permit to the Illinois EPA to reissue it consistent with the

concerns addressed in this Petition.

lbqxddjully Submitted,

Roy M. Harsch

DRINKER BIDDLE GARDNER CARTON

1 9 1 North Wacker Drive

Suite 3700

Chicago, Illinois 60606

(T) (3 12) 569-1441

(F) (3 12) 569-3441

Electronic Filing, Received, Clerk's Office, February 15, 2007

CERTIFICATE OF SERVICE

The undersigned certifies that a copy of the foregoing

Notice of Filing and Petition

for NPDES Permit Appeal

was filed by electronically with the Clerk of the Illinois

Pollution Control Board and sewed upon the parties to whom said Notice is directed by first

class mail, postage prepaid, by depositing in the U.S. Mail at

191 N. Wacker Drive

Suite

3700, Chicago,

IL 60606 on Wednesday, Fe

Electronic Filing, Received, Clerk's Office, February 15, 2007