V.
ILIJNOIS
ENVRONMENTAL
PROTECTION
AGENCY,
)
)
)
PCB09-
)
(Permit
Appeal-Water)
)
)
)
)
NOTICE
OF
FILING
TO:
Illinois
Environmental
Protection
Agency
Alan
Keller
Division
of Water Pollution
Control
Manager,
Permit
Section
1021
North
Grand
Avenue
East
P.O.
Box
19276
Springfield,
IL
62794-9276
Illinois
Pollution
Control
Board
Dorothy
M.
Gunn
100
West
Randolph
Suite
11-500
Chicago,
IL
60601
PLEASE
TAKE
NOTICE
that
on
Friday,
October
17,
2008,
we
filed
with
the
Office
of
the
Clerk
of
the
Pollution
Control
Board
an
original
and
ten
copies
of the
attached
Joliet’s
Petition
for
Review,
a
copy
of
which
is
served
upon
you.
Respectfully
submitted,
THE
CITY
OF
JOLIET
By:
One
of
Its
Attorneys
CITY OF
JOLIET,
Petitioner,
BEFORE
THE
ILLINOIS
POLLUTION
CONTROLBOARD
OCT17
2008
STATEQ
Pollution
Respondent.
THIS
FILING
IS
BEING
SUBMITTED
ON
RECYCLED
PAPER
BEFORE THE
ILLINOIS
POLLUTION
CONTROL
BOAR
PLEF?Ic
8
OCT17
2008
CITY
OF
JOLIET,
)
POllUtion
Co,4IS
)
Petitioner,
)
v.
)
PCB09--
)
(Permit
Appeal-Water)
ILLINOIS
ENVRONMENTAL
)
PROTECTION
AGENCY,
)
)
Respondent.
)
PETITION
FOR
REVIEW
NOW COMES,
Petitioner,
THE
CITY
OF
JOLIET
(hereinafter,
“Joliet”),
by
and
through
its
attorneys,
Drinker
Biddle
&
Reath
LLP,
pursuant
to
Section
40
(a)(1)
of
the
Illinois
Environmental
Protection
Act
(415
ILCS
5/40(a)(1))
(“Act”)
and
35
Ill.
Adm.
Code
§
105.204
Subpart B,
and
petitions
the
Illinois
Pollution
Control
Board
(“Board”)
for
review
of
the
Illinois
Environmental
Protection
Agency’s
(“IEPA”)
denial
of
Joliet’s
request
to
modify
the
February
16,
2007
modification
of
the
Sewage
Sludge
Permit
originally
issued
to
Joliet
by
IEPA
on
October 5,
2006.
In
support
thereof,
Joliet
states
as
follows:
1.
Joliet
owns
and
operates
three
wastewater
treatment
plants
in
Joliet,
Illinois.
2.
Joliet
operates
water
pollution
control
facilities
as
part
of
its
wastewater
treatment
plant operations.
IEPA issued
permit
number
200
1-SC-2708
which
specifically
allows
Joliet
to
apply sewage
sludge
from
its
wastewater
treatment
operations
to
agricultural
lands.
THIS
FILING
SUBMITTED
ON
RECYCLED
PAPER
3.
Joliet
requested
to renew
and
replace
its
pennit
number
200
l-SC-2708
and
on
October
5,
2006,
IEPA
Division
of Water
Pollution
Control
renewed
and
replaced
the
above
referenced
permit
with
Permit
Number
2006-SC-4784
(“October
2006
permit”).
4.
IEPA
issued
Joliet’s
October
2006
permit
with
eight
special
conditions.
Joliet
was
in agreement
to
all the
special
conditions
except
that
of
Special
Condition
number
2.
5.
Special
Condition
number
2 required
that
the
sludge
being
applied
to the
agricultural
land
under
the
October
2006
permit
“. . . shall
not
cause
the
total
accumulative
increase
of
Radium
226
and
Radium
228
in
soil
to
exceed
0.1 pCi/g.”
6.
Pursuant
to
a
request
from
Joliet,
the JEPA
filed
on
December
7, 2006
a
request
for
the Board
to agree
to
extend
the
time
period
within
which
Joliet
would
have
to appeal
this
permit.
The
Board
accepted
and
docketed
this
request
as PCB
07-3
8. Subsequently
during
negotiations,
TEPA
agreed
to
modify
the
permit
to
increase
the
allowable
Radium
226 and
228 in
soil level
to
0.4 pCi/g
found
in
Special
Condition
2.
The
IEPA
issued
a modified
permit
number
2006-SC-4784-2
on February
16,
2007
(“February
16,
2007
Permit”)
(See
Exhibit
A).
7.
On
March
1,
2007,
the
Board
dismissed
the
PCB
07-38
appeal
because
Joliet
did
not
file
a
formal
appeal.
8.
On March
21,
2007,
Joliet
filed
an appeal
of the
February
16,
2007
permit
which
was
docketed
as PCB
07-94.
9.
During
the
pending
of this
appeal,
Joliet
agreed
to provide
the
IEPA
with
certain
additional
information
to support
an increase
in
the
allowable
Radium
level
set
forth
in
Special
Condition 2.
10.
On
June
19,
2008,
the
Board
dismissed
PCB
07-94
pursuant
to a
motion
filed
by
Joliet
on
June
6,
2008.
THIS
FILING
SUBMITTED
ON
RECYCLED
PAPER
11.
On
July
30,
2008,
Joliet
caused
a
permit
application
to be
filed
with
the
IEPA
which
requested
a
modification
of the
allowable
,soil
levels,
by
increasing
Special
Condition
2
from
0.4 to
1.0 pCi/g,
together
with
supporting
materials.
12.
The IEPA
denied
the
requested
increase
on
September
12,
2008
(See
Exhibit
B).
13.
Joliet
believes
that
there
is no
basis
in
law
or
fact
to
support
the
inclusion
of
Special
Condition
number
2
as
written
in
the February
16,
2007
Permit.
14.
The
regulations
that
apply
to
permits
for
sites
receiving
sludge
for
land
application
are
authorized
under
Section
35
of
the Illinois
Administrative
Code
Part
309
subpart
B and
35
Illinois
Administrative
Code
Part
391
subpart
B.
A refusal
by the
IEPA
to
grant
the
permit
application
requesting
a
modification
thereby
entitles
the
applicant
to
appeal
the
IEPA’s
decision
pursuant
to
Section
40
of
the
Act.
15.
Pursuant
to Section
40
of the
Act,
the
applicant
has
35
days
from
the
date
it
receives
its
decision
from
the
IEPA
to
petition
the
Board
for
a hearing
to
contest
IEPA’s
decision.
415
ILCS
5/40(a)
(1)
(2006).
16.
Joliet
received
the denial
from
IEPA
on
September
16,
2008
and
is
requesting
a
hearing
before
the
Board
within
the initial
35
day
appeal
period
pursuant
to
415
ILCS
5/40(a)
(1) (2006).
THIS
FILING
SUBMITTED
ON
RECYCLED
PAPER
WHEREFORE,
Petitioner,
THE
CITY
OF
JOLIET,
petitions
the
Illinois
Pollution
Control
Board
for
a hearing
on the
IEPA’s
action
to
deny
the
requested
modification
to
the
sludge
permit’s
Special Condition
2.
Respectfully
submitted,
THE
CITY
OF
JOLIET,
Petitioner,
By:___
One
of
its
Attorneys
Dated:
October
17,
2008
Roy
M.
Harsch,
Esq.
Yesenia
Villasenor-Rodriguez,
Esq.
Drinker
Biddle
&
Reath
LLP
191
North
Wacker
Drive
- Suite
3700
Chicago, Illinois
60606
(3
12)
569-1441
(Direct
Dial)
(312)
569-3441
(Facsimile)
THIS
FILING
SUBMITTED
ON
RECYCLED
PAPER
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
WATER
POLLUTION
CONTROL PERMIT
LOG NUMBERS:
3080-07:
4784-06
FINAL
PLANS,
SPECIFICATIONS,
APPLICATION
AND SUPPORTING
DOCUMENTS
PREPARED
BY: Land
Treatment
Alternatives, Inc.
PERMIT NO.:
2006-SC-4784-2
DATE
ISSUED:
February
16,
2007
SUBJECT: JOLIET
EAST, WEST
&
AUX SABLE
STPS: Increase
in Allowable
Radium Concentration and
Application
on
Ice and/or Snow
Covered Ground
PERMITTEE
TO
OWN
AND
OPERATE
City
of Joliet
150
West Jefferson
Joliet, Illinois
60431
Supplemental
Permit is hereby
granted to the
above
designated permiltee(s)
to construct and/or
operate
water pollution
control
facilities, which
were
previously approved
under Permit
2006-SC-4784 dated
October 5, 2006. These
facilities
have
been
revised
as
follows:
1. Special Condition
2 of
Permit No. 2006-SC-4784
is hereby revised
to read as
follows:
Sludge applied
to land under this permit shall
not
cause
the
total
accumulative
increase of Radium
226
and
Radium
228
in
soil
to
exceed
0.4 pCifg.
2,
Now
allowed
under this
permit is the application of
sludge on ice and/or snow
covered
ground
on the
Herman
Fritz
property
located in the
NW 1/4
of Section 10, Aux Sable
Township, Grundy County,
Illinois.
This
permit expires
on
September
30,
2011.
All Standard
and Special
Conditions
and provisions
of the original
permit are also applicable
to this permit
unless
specifically
deleted
or
revised
in this
permit.
Page
1
of ‘1
I
h
)
•_
If
THE
STANDARD
CONDITIONS OF
ISSUANCE
INDICATED ON
THE REVERSE
SIDE MUST BE
COMPLIED
WITH
IN
FULL. READ
ALL CONDITIONS
CAREFULLY.
SAK:JCH:j:docs\permits\statecon\hutton\308007
cc:
EPA
- Des
Plaines
FOS
Land Treatment
Alternatives, Inc.
Records
-
Municipal
Binds
DIViSION
OF
WATER
POLLUTION
CONTROL
Alan
Keller,
P.E.
Manager,
Permit
Section
ILLINOIS
ENVIRONMENTAL
PRoTEcTIoN
AGENCY
1021
NORTH
GND
AvENuE
EAST,
P.O.
Box
19276,
SpRINGFIELD,
ILLINOIS
62794-9276
-(
217)
782-2829
JAMES
R.
THOMPSON
CENTER,
100
WEsT
RANDOLPH,
SuITE
11-300,
CHIcAGo,;
IL
60601
-
(312)
814-6026
217/7820610
ROD
R.
BLGoJEvICH,
GovERNoR
DOUGLAS
P.
Scorr,
DIREcToR
September
12,
2008
City
of
Joliet
Department
of
Public
Works
150
West
Jefferson
Street
Joliet,
Illinois
60432-4158
Re:
Joliet-Land
Application
of
Sewage
Sludge
Log
No(s).
1186-08
Denial
Gentlemen:
This
Agency
has
reviewed
your
Application
for
Permit
and
Ihe
supporting
documents
for
the
subject
project
which
were
received
on
July
30,
2008.
This
Agency
must
deny
the
permit
for
this
project
for
the
following
reasons.
1.
The
Memorandum
of
Agreement
(MOA)
between
Illinois
EPA
and
the
illinois
Emergency
Management
Agency
limits
the
increase
in
soil
radium
to
0.1
pCi/g
above
background
levels.
The
proposed
allowable
increase
in
soil
radium
to
1
0’pCiig
exceeds
the
limit
set
in
the
MOA.
Sections
12
and
39
of
the
Environmental
Protection
Act
(Act),
415
ILCS
5/12
and
39,
prohibit
the
Agency
from
issuing
a
permit
for
any
facility
which
would
threaten,
cause
or
allow
the
discharge
of
contaminants
which
might
cause
or
tend
to
cause
water
pollution
in
Illinois
Section
39
of
the
Act
also
requires
an
applicant
to
submit
proof
to
the
Agency
that
the
proposed
facility
will
not
cause
a
violation
of
the
Act
or
the
regulations
adopted
pursuant
to
the
Act.
In
addition
to
the
above
cited
Sections
of
the
Act,
the
permit
application
does
not
fulfill
the
requirements
of
35
Ill.
Adm.
Code
309.241.
The
following
information,
clarification
or
corrections
must
be
prOvided
for’
us.
to
complete
our
technical
review
and
are
to
be
considered
specific
reasons
why
the
Act:
and
the
regulations
adopted
pursuant
to
the
Act
will
not
be
met:
The
Agency
will
be
pleased
to
reevaluate
your
permit
application
on
receipt
of.your
written
request
and
the
necessary
information
and
documentation
tO
correct
or
clarifSr
the
deficiencies
noted
above.
The
revised
application
will
be
considered,
filed
on
the
date
that
the:Agency
receives
your
written
request
EXHIBIT
RocrORo
-4302
North
Main
Street
Rockford,
IL61103
(815)987-7760
.
Dss
PtsINEs
-
9511W.
Harrison
St.,
Des
Plaines,ILGOO1E
ELGIN
—
595
South
State,
Elgin,
IL
60.123
—(847>608-313.1
PEOeA
-
5415
N.
Univrsity
St.,
Peoria,
IL
61614—
(309)693-5463
BoeE&U
or
L.o
-
PEoRIA
—
7620
N.
University
St.,
Peoria,
IL
61614
—
(309)
693-5462.
‘CHAMPAIGN
—
2125
South
First
Street,
Champaign,
IL
61820
—
(217)
278-5800
CowNsvILLE
—
2009
MalI
Street
CoIIinsviIle,
IL’62234
—
(618)
346-5120
‘.
MARION
—
2309
W.
Main
St.,
Suite
116,
Marion,
IL
62959
(618)
993-7200
PRINTED
ON
REcYcLED
PAPER
Page
2
You
have
the
right
to
appeal
this
denial
to
the
Illinois
Pollution
Control
Board
within
a
35
day
period
following
the
date
shown
on
this
letter.
Should
you
have
any
questions
or
comments
regarding
the
above,
please
contact
Jeff
Hutton
at
the
indicated
telephone
number
and
address.
Sincerely,
Alan
Keller,
P.E.
Manager,
Permit
Section
Division
of
Water
Pollution
Control
SAK:JCH
:ll86den
cc:
Des
Plaines
Region
Rogina
&
Associates,
Ltd.
Binds
CERTIFICATE
OF SERVICE
I,
the
undersigned,
certify
that
I have
served
the
attached
Petition
to Review,
by First
Class
Mail, postage
pre-paid
on
Friday,
October
17,
2008
upon the
following:
Illinois
Environmental
Protection
Agency
Alan
Keller
Division
of Water
Pollution
Control
Manager,
Permit
Section
1021
North
Grand
Avenue
East
P.O.
Box
19276
Springfield,
IL
62794-9276
RoyM.Harsch
CR011
25246894.1
THIS
FILING
SUBMITTED
ON
RECYCLED
PAPER