BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CITY OF QUINCY, an Illinois municipal
corporation,
Petitioner,
v.
?
PCB No. 08-86
(NPDES Permit Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
RE
RE
RK'S OFFICE
1
8 2008
CEIVED
_STATUEGOF
A
ILLINOIS
Pollution Control Board
Respondent.
NOTICE OF FILING
TO:
?
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, IL 62794-9274
Fred C. Prillaman
Joel Benoit
Mohan Alewelt, Prillaman, & Adami
1 N. Old State Capitol Plaza, Suite 325
Springfield, IL 62701
PLEASE TAKE NOTICE that on the 15th
day of August, 2008, I have filed with the Office
of the Clerk of the Pollution Control Board an original and four copies of the following
documents, an
Entry of Appearance
and the
Agency Record,
a copy of which is herewith
served upon you.
Respectfully Submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
LISA MADIGAN,
Attorney General of the
State of Illinois,
MATTHEW
J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:
HOMAS
42444.-e&
DAVIS, Chief
airt—
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois
62706
217/782-9031
Dated: August 15,
2008
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
HOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
R
C'S
LERK
EC
OFFICE
E
IVED
CITY
OF QUINCY, an Illinois municipal?
AUG 1 8 2008
corporation,
Petitioner,
?
►
►Pollution Control
STATE OF
BoardILLINOIS
v.?
PCB No. 08-86
r)
?
(NPDES Permit Appeal)
ILLINOIS ENVIRONMENTAL
?
L,
PROTECTION AGENCY,
Respondent.
?
►
APPEARANCE
I, THOMAS DAVIS, Assistant Attorney General of the State of Illinois, hereby file my
appearance in this proceeding on behalf of the Respondent, ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respectfully Submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
LISA MADIGAN,
Attorney General of the
State of Illinois,
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: August 15, 2008
CITY OF QUINCY,
BEFORE
an Illinois
THE ILLINOIS
municipal
?
POLLUTION
)
CONTROL BOA
CLERK'S
ECEIVED
OFFICE
Corporation,
?
AUG 1 8 2008
Petitioner,
?
STATE OF
ILLINOIS
v.
)
PCB
08-86
Pollution Control Board
)
?
(NPDES
Permit Appeal)
ILLINOIS ENVIRONMENTAL
?
)
PROTECTION AGENCY,
?
)
Respondent.
?
)
RECORD
Respondent, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ("Illinois EPA"), in
accordance with the procedural rules of the Illinois Pollution Control Board ("Illinois PCB") as
set forth in 35 Ill. Adm. Code 105.212 and 105.116, files as its Record in this cause the Illinois
EPA's record of City of Quincy's ("Quincy") National Pollutant Discharge Elimination System
("NPDES") Permit No. IL0030503, as issued on March 27, 2008, which is attached and consists
of the following documents:
1.
Illinois PCB adopted rule/final order R85-29, June 30, 1988, (excerpted). (pp. 1-4)
2.
Federal Register, Vol. 59, No. 75, p. 18692, April 19, 1994. (p. 5)
3.
U.S. EPA: Combined Sewer Overflows Guidance for Long-Term Control Plan, August
1995, (excerpted). (pp. 6-8)
4.
U.S. EPA: Combined Sewer Overflows Guidance for Permit Writers, September 1995,
(excerpted) (pp. 9-13)
5.
Memorandum dated May 28, 1996, from Bob Mosher, Division of Water Pollution
Control ("DWPC"), DWPC Standards, to Pratap Mehra, DWPC, Permit Section,
concerning chlorine
recommendations. (p. 14)
6.
U.S. EPA Guidance: Coordinating CSO Long-Term Planning with Water Quality
Standards, July 31, 2001, (excerpted). (pp. 15-19)
7.
U.S. EPA Guidance: Coordinating CSO Long-Term Planning with Water Quality
Standards, July 31, 2001, highlighted page from. (p. 20)
8.
Permit renewal application, received by DWPC/Permit Section on July 27, 2006. (pp.
21-148)
9.
Memorandum dated August 15, 2006, from Ralph Hahn, DWPC, Permit Section, to Bob
Mosher, requesting water quality standards evaluation. (p. 149)
10.
Quincy effluent limits and measurements, August 21, 2006. (pp. 150-183)
11.
Memorandum dated October 23, 2006, from Alyson Grady, DWPC, Water Quality
Standards, to distribution list including Bob Mosher, Ralph Hahn, and Al Keller, DWPC,
Permit Section, re biomonitoring test results, October 23, 2006. (pp. 184-186)
12.
Letter dated November 2, 2006, from Ralph Hahn to Peter Swenson, U.S. EPA Region V,
without attached permit renewal application. (p. 187)
13.
Memorandum dated January 22, 2007, from Scott Twait, DWPC, Water Quality
Standards, to Ralph Hahn, re water quality based effluent limits. (pp. 188-190)
14.
E-mail dated March 6, 2007, from Scott Twait to Ralph Hahn, re 303(d) and biological
stream characterization program. (p. 191)
15.
Engineer review sheets, prepared by Ralph Hahn on March 5, 2007. (pp. 192-196)
16.
Quincy parameter and monitoring descriptions, March 7, 2007. (pp. 197-198)
17.
Quincy DMR effluent metals data summary, March 8, 2007. (pp. 199-200)
18.
Photos of CSO Outfalls 002, 006 and 007 taken during March 28, 2007 Illinois EPA
inspection. (pp. 201-216)
19.
Cover memo and letters dated April 10, 2007, from Rick Pinneo, Manager, Southern
Municipal Unit, Permit Section, DWPC, to U.S. Army Corps of Engineers, Rock Island
District; City of Quincy; and U.S. EPA Region V; with attached draft NPDES permit and
15-day public notice/fact sheet. (pp. 217-240)
20.
Letter dated June 7, 2007, from Tim Kluge, Manager, Field Operations Section, DWPC,
to Michael Krabacher, Camp Dresser & McKee ("CDM"), engineering consultant for
Quincy, re CSO assessment. (pp. 241-244)
21.
Cover letter dated July 31, 2007, from Rick Pinneo to City of Quincy, with attached draft
NPDES permit and 30-day public notice/fact sheet. (pp. 245-267)
22.
Letter dated August 8, 2007, from David Kent, Director of Utilities, Quincy, to Rick
Pinneo, re designation of CSOs as sensitive areas. (pp. 268-269)
23.
Public notice order form and invoice, August 24, 2007. (pp. 270-274)
24.
Cover letters dated August 28, 2007, from Rick Pinneo to Municipal Clerk, Quincy; U.S.
Fish & Wildlife Service, Rock Island Field Office; Missouri Department of Natural
Resources; and City of Quincy; with attached draft NPDES permit and 30-day public
notice/fact sheet. (pp. 275-298)
25.
Public notice confirmation postcard, dated August 29, 2007. (p. 299)
26.
Letter dated September 13, 2007, from David Kent to Toby Frevert, Manager, DWPC, re
designation of CSOs as discharging to sensitive areas, with attached memorandum dated
September 12, 2007, from Nicole Garrett and Dan Vicari, CDM, to Liz Fujikawa and
Ron French, re planning level CSO costs, and with attached memorandum from Ronald
French to David Kent dated September 11, 2007, re status of CSOs as to discharging to
sensitive areas. (pp. 300-331)
27.
Illinois Department of Natural Resources'ecological compliance assessment of Quincy
CSOs, September 13, 2007. (p. 332)
28.
Sign-in sheet for September 13, 2007 meeting. (p. 333)
29.
Requested revisions to draft letter to City of Quincy, submitted by CDM. (p. 334)
30.
Letter dated September 26, 2007; from Fred Prillaman, Mohan, Alewelt, Prillaman &
Adami, legal representative for Quincy, to Toby Frevert, with attached memorandum
dated September 21, 2007, from Ronald French and Donielle Jordan to David Kent re
recreational use survey of Quincy Bay, and attached memorandum dated September 26,
2007, from Nicole Garrett and Dan Vicari to David Kent re planning level CSO cost
estimates. (pp. 335-359)
31.
Letter dated October 15, 2007, from John A. Spring, Mayor, City of Quincy, to Doug
Scott, Director, Illinois EPA, re disagreement over sensitive areas. (pp. 360-361)
32.
Letter dated October 22, 2007, from Nicole Scott (formerly Garrett), to Rick Pinneo,
requesting public comments be sent to CDM. (p. 362)
33.
Letter dated March 27, 2008, from Alan Keller to Mayor Spring, re public comments and
sensitive areas designation. (pp. 363-364)
34.
E-mail communications conducted February 26, 2008 through March 13, 2008, between
Nicole Scott and Ralph Hahn. (pp. 365-368)
35.
Cover letter dated March 27, 2008, from Alan Keller to City of Quincy, with attached
NPDES Permit No. IL0030503, issued March 27, 2008 and effective April 1, 2008. (pp.
369-386)
Respectfully submitted,
LISA MADIGAN,
Attorney General of the
State of Illinois,
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:
c="0-4-1/41.0
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: August 15, 2008
THIS FILING PRINTED ON RECYCLED PAPER
BY:
/4.;1•41-i9
f
THOMAS DAVIS, Chidd
CERTIFICATE OF SERVICE
I hereby certify that I did on the 151h
day of August, 2008, send by Fir-st-Class-Mail with
postage thereon fully prepaid, b •
I•?
- •?
, the original and
4 true and correct copies of the foregoing instruments entitled Notice of Filing, Appearance, and
Agency Record,
TO:?
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
and a true and correct copy of the foregoing instruments were sent by First Class Mail with
postage thereon fully prepaid, by depositing in a United States Post Office Box, to
Fred C. Prillaman
Joel Benoit
Mohan Alewelt, Prillaman, & Adami
1 N. Old State Capitol Plaza, Suite 325
Springfield, IL 62701
and the same were filed with
Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, IL 62794-9274
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031