1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
WATER QUALITY STANDARDS AND
)
EFFLUENT LIMITATIONS FOR THE
)
R08-9
CHICAGO AREA WATERWAY SYSTEM
)
(Rulemaking – Water)
AND THE LOWER DES PLAINES RIVER:
)
PROPOSED AMENDMENTS TO 35 ILL.
)
Adm. Code Parts 301, 302, 303, and 304
)
NOTICE OF FILING
To:
John Therriault, Clerk
Stefanie N. Diers, Assistant Counsel
Illinois Pollution Control Board
Illinois Environmental Protection
Agency
1021 North Grand Avenue East
James R. Thompson Center
P.O. Box 19276
100 West Randolph St., Suite 11-500
Springfield, IL 62794-9276
Chicago, IL 60601
Marie Tipsord, Hearing Officer
Persons on the attached service list
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph St, Suite 11-500
Chicago, Il 60601
Please take notice that today I filed with the office of the Clerk of the Pollution Control
Board
Prefiled Questions of the Natural Resources Defense Council to Samuel
Dorevitch
, a copy of which is hereby served on you.
___________________________
Ann Alexander
Dated: August 22, 2008
Ann Alexander
Senior Attorney, Midwest Program
Natural Resources Defense Council
101 North Wacker Dr., Ste. 609
Chicago, IL 60606
312-780-7427
312-663-9920 (fax)
AAlexander@nrdc.org
Electronic Filing - Received, Clerk's Office, August 22, 2008
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CERTIFICATE OF SERVICE
I, Ann Alexander, the undersigned attorney, hereby certify that I have served the attached
Prefiled Questions of the Natural Resources Defense Council to Samuel Dorevitch
on all parties of record (Service List attached), by depositing said documents in the
United States Mail, postage prepaid, from 227 W. Monroe, Chicago, IL 60606, before the
hour of 5:00 p.m., on this 22nd Day of August, 2008.
___________________________________________
Ann Alexander, Natural Resources Defense Council
Electronic Filing - Received, Clerk's Office, August 22, 2008
3
Service List
Richard J. Kissel and Roy M. Harsch
Drinker, Biddle, Gardner, Carton
191 N. Wacker Drive, Suite 3700
Chicago, IL 60606-1698
Bernard Sawyer and Thomas Granto
Metropolitan Water Reclamation District
6001 West Pershing Road
Cicero, IL 60650-4112
Deborah J. Williams and Stefanie N. Diers
Assistant Counsel, Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
James L. Daugherty, District Manager
Thorn Creek Basin Sanitary District
700 West End Avenue
Chicago Heights, IL 60411
Kevin G. Desharnais, Thomas W. Diamond
and Thomas V. Skinner
Mayer, Brown LLP
71 South Wacker Drive
Chicago, IL 60606-4637
Tracy Elzemeyer, General Counsel
American Water Company Central Region
727 Craig Road
St. Louis, MO 63141
Robert VanGyseghem
City of Geneva
1800 South Street
Geneva, IL 60134-2203
Claire Manning
Brown, Hay & Stephens LLP
700 First Mercantile Building
205 South Fifth St., P.O. Box 2459
Springfield, IL 62705-2459
Matthew J. Dunn, Chief
Office of the Attorney General
Environmental Bureau North
69 West Washington, Suite 1800
Chicago, IL 60602
Katherine D. Hodge and Monica T. Rios
Hodge Dwyer Zeman
3150 Roland Avenue
P.O. Box 5776
Springfield, IL 62705-5776
Charles W. Wesselhoft and James T. Harrington
Ross & Hardies
150 North Michigan Avenue
Suite 2500
Chicago, IL 60601-7567
Margaret P. Howard
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
Jerry Paulsen and Cindy Skrukrud
McHenry County Defenders
132 Cass Street
Woodstock, IL 60098
Keith I. Harley and Elizabeth Schenkier
Chicago Legal Clinic, Inc.
205 West Monroe, 4
th
Floor
Chicago, IL 60606
Electronic Filing - Received, Clerk's Office, August 22, 2008
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William Richardson, Chief Legal Counsel
Illinois Department of Natural Resources
One Natural Resources Way
Springfield, IL 62702
Fred L. Hubbard
Attorney at Law
16 West Madison
P.O. Box 12
Danville, IL 61834
Lisa Frede
Chemical Industry Council of Illinois
2250 E. Devon Avenue
Suite 239
Des Plaines, IL 60018-4509
W.C. Blanton
Blackwell Sanders LLP
4801 Main Street
Suite 1000
Kansas City, MO 64112
Sharon Neal
Commonwealth Edison Company
125 South Clark Street
Chicago, IL 60603
Traci Barkley
Prairie Rivers Networks
1902 Fox Drive
Suite 6
Champaign, IL 61820
James Huff, Vice-President
Huff & Huff, Inc.
915 Harger Road, Suite 330
Oak Brook, IL 60523
Georgie Vlahos
Naval Training Center
2601A Paul Jones Street
Great Lakes, IL 60088-2845
Cathy Hudzik
City of Chicago, Mayor’s Office of Intergovernmental Affairs
121 North LaSalle Street
City Hall – Room 406
Chicago, IL 60602
Dennis L. Duffield
Director of Public Works & Utilities
City of Joliet, Department of Public Works & Utilities
921 E. Washington Street
Joliet, IL 60431
Irwin Polls
Ecological Monitoring and Assessment
3206 Maple Leaf Drive
Glenview, IL 60025
Ann Alexander, Senior Attorney
Natural Resources Defense Council
101 North Wacker Drive, Suite 609
Chicago, IL 60606
Marc Miller, Senior Policy Advisor
Jamie S. Caston, Policy Advisor
Office of Lt. Governor Pat Quinn
Room 414 State House
Springfield, IL 62706
Beth Steinhorn
2021 Timberbrook
Springfield, IL 62702
Frederick D. Keady, P.E., President
Vermillion Coal Company
1979 Johns Drive
Glenview, IL 60025
Dr. Thomas J. Murphy
DePaul University
2325 N. Clifton Street
Chicago, IL 60614
Electronic Filing - Received, Clerk's Office, August 22, 2008
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Susan M. Franzetti
Nijman Franzetti LLP
10 S. LaSalle Street, Suite 3600
Chicago, IL 60603
Marie Tipsord, Hearing Officer
John Therriault, Assistant Clerk
Illinois Pollution Control Board
100 West Randoph, Suite 11-500
Chicago, IL 60601-7447
Vicky McKinley
Evanston Environmental Board
223 Grey Avenue
Evanston, IL 60202
Stacy Myers-Glen
Openlands
25 East Washington, Suite 1650
Chicago, IL 60602
Albert Ettinger, Senior Staff Attorney, and Jessica Dexter
Environmental Law and Policy Center
35 E. Wacker Drive, Suite 1300
Chicago, IL 60601
Susan Hedman and Andrew Armstrong, Environmental Counsel
Environnmental Bureau
Office of the Illinois Attorney General
69 West Washington, Suite 1800
Chicago, IL 60602
Tom Muth
Fox Metro Water Reclamation District
682 State Route 31
Oswego, IL 60543
Kenneth W. Liss
Andrews Environmental Engineering
3300 Ginger Creek Drive
Springfield, IL 62711
Jack Darin
Sierra Club, Illinois Chapter
70 E. Lake Street, Suite 1500
Chicago, IL 60601-7447
Bob Carter
Bloomington Normal Water Reclamation District
P.O. Box 3307
Bloomington, IL 61702-3307
Kay Anderson
American Bottoms RWTF
One American Bottoms Road
Sauget, IL 62201
Ronald M. Hill and Margaret T. Conway
Metropolitan Water Reclamation District of Greater Chicago
100 East Erie Street, Room 301
Chicago, IL 60611
Kristy A.N. Bulleit and Brent Fewell
Hunton & Williams LLC
1900 K. Street, NW
Washington, DC 20006
Frederic P. Andes, Carolyn S. Hesse and David T. Ballard
Barnes & Thornburg LLP
One North Wacker Drive, Suite 4400
Chicago, IL 60606
Jeffrey C. Fort and Ariel Tescher
Sonnenschein Nath & Rosenthal LLP
7800 Sears Tower
233 S. Wacker drive
Chicago, IL 60606-6404
Electronic Filing - Received, Clerk's Office, August 22, 2008
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
WATER QUALITY STANDARDS AND
)
EFFLUENT LIMITATIONS FOR THE
)
R08-9
CHICAGO AREA WATERWAY SYSTEM
)
(Rulemaking – Water)
AND THE LOWER DES PLAINES RIVER:
)
PROPOSED AMENDMENTS TO 35 ILL.
)
Adm. Code Parts 301, 302, 303, and 304
)
PREFILED QUESTIONS OF NATURAL RESOURCES
DEFENSE COUNCIL TO SAMUEL DOREVITCH
The Natural Resources Defense Council hereby files questions to Samuel
Dorevitch:
1. When were you first contacted by the Water Reclamation District concerning
conducting an epidemiological study regarding the CAWS?
2. How much longer will you be enrolling participants in the study?
3. As of today, how many study participants have you enrolled in the CHEERS
study?
a. What is the goal for total enrollment established in the study?
b. Did the District recently allocate additional funding for the study? For
what reason?
4. Regarding your statement at p. 2 of your testimony that one of the goals of the
CHEERS study is to determine whether rates of illness are higher among CAWS
recreators as compared to recreators doing the same activities on waters that do
not receive treated wastewater – are you comparing illness rates among people
engaged in the same category of activity – e.g., canoeing, kayaking, etc., correct?
Were any assumptions made regarding the manner in which these activities are
conducted?
5. Re your testimony on p. 3 of your testimony, you state that you would be more
inclined to support immediate disinfection of the CAWS if there were known
disease outbreaks associated with CAWS recreation -- is it possible for disease
outbreaks to go undetected and/or unreported?
6. Regarding your statement on p. 4 of your testimony that the CHEERS study is
“the first epidemiologic study of the health risks of fishing, boating, rowing and
paddling” --
Electronic Filing - Received, Clerk's Office, August 22, 2008
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a. Have there been previous epidemiological studies concerning risk of
waterborne illness to non-primary contact recreational users?
b. Did these studies find elevated risk of waterborne illness?
c. In the studies that found elevated risk, what levels of indicator bacteria
were present?
7. Regarding the statement on p. 6 of your testimony that, “If a participant develops
illness, clinical specimens are collected so that the pathogen responsible for
illness may be identified” –
a. Do you collect any samples from participants to who not exhibit
symptoms of illness?
b. Do infections with waterborne pathogens always cause symptoms?
8. Which viruses are you testing for in the stool samples?
9. Regarding the chart following your testimony, in which you illustrate the data on
recruitment into the three study groups –
a. Do you have a breakdown of how many participants you have reflecting
each type of recreational use?
b. Do you have any numbers at this point regarding the number of users who
fell into the water during their recreational activity?
c. Do you have data on the number and age of the children participating in
the study?
d. Do you have data on the number of pregnant women participating in the
study?
e. Do you have data on the number of immunocompromised persons
participating in the study?
f. What percent of the overall population do you believe is
immunocompromised?
10. Further regarding the chart following your testimony -- there appear to be
considerable monthly differences in enrollment by group. Since community-
acquired illness can vary markedly by month, and the risks of waterborne illness
may also vary (e.g., depending on rainfall, sewage release events, etc.), how will
you account for these differences in analyzing your results?
11. Regarding your statement on page 7, you indicate that “fishing form shore is
relatively uncommon, and jet skiing is rarer still” –
a. Do you have any shore anglers enrolled? How many?
b. Do you have any jet skiers enrolled? How many?
12. Regarding the statement on p. 8 of your testimony that very preliminary 2007
data, based on less than 10% of total participants, identifies no difference in rates
Electronic Filing - Received, Clerk's Office, August 22, 2008
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of gastrointestinal symptoms -- did you attempt to determine whether there is a
difference in rates of other types of symptoms?
13. Given your attempts to minimize bias in reporting by participants being aware of
the study objectives and hypotheses, are you concerned that making these highly
preliminary results known publicly could introduce such bias?
Electronic Filing - Received, Clerk's Office, August 22, 2008
