ILLINOIS POLLUTION CONTROL BOARD
February 5, 2009
CITY OF JOLIET,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 09-25
(Permit Appeal-Water)
HEARING REPORT
On January 13, 2009, a hearing in this matter was held at 9:00 a.m. in the Board Room of
the Village of Bolingbrook, at 375 W. Briarcliff Road, Village of Bolingbrook, Illinois. Hearing
Officer Brad Halloran was unable to be present due to a death in the family, so the hearing was
conducted by the Board’s Senior Attorney, Kathleen M. Crowley.
Attorney Roy Harsch, of Drinker Biddle and Reath, LLP, appeared and participated on
behalf of the petitioner, City of Joliet. Senior Assistant Attorney General Gerald T. Karr
appeared and participated on behalf of respondent Illinois Environmental Protection Agency.
Witness Credibility
Four witnesses testified at the hearing on behalf of the petitioner, City of Joliet. No
witness testified on behalf of respondent.
Based upon my legal judgment, experience and observations at the hearing, I find that the
credibility of the witnesses is not an issue in this matter.
Exhibits
An exhibit list itemizing the 10 exhibits offered by the City of Joliet (3-hole punched and
filed in a single black binder) and summarizing their status is attached to this order. In Exhibit
10 handwritten corrections initialed by Ms. Crowley appear at pp. 2-3, memorializing corrections
made in testimony at hearing by witness Dr. Richard E. Toohey.
Briefing Schedule
A briefing schedule was discussed and agreed to at the hearing. The parties’
simultaneous opening post-hearing briefs must be served and received by the Board on or before
February 20, 2009. The parties’ simultaneous replies, if any, must be served and filed on or
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before February 27, 2009. Any requests for extension of this schedule must be accompanied by
an appropriate waiver of the decision deadline, and addressed to Hearing Officer Halloran.
IT IS SO ORDERED.
Kathleen M. Crowley
Senior Attorney
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
312.814.6929
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PCB 09-25
January 13, 2009 Hearing
Exhibit List
Exhibit
Description
Status
Petitioner’s Exhibit 1
Narrative Testimony of Harold Harty
Admitted
Petitioner’s Exhibit 2
Letter to Roy M. Harsch from Dennis
Fiedler, of Land Treatment Alternatives,
dated January 7, 2009
Admitted
Petitioner’s Exhibit 3
Joliet’s Petition for Review (PCB 09-25:
Permit Appeal) dated October 17, 2008
Admitted
Petitioner’s Exhibit 4
IEPA’s Request for Ninety Day Extension
of Appeal Period dated November 14, 2006
(PCB 07-38)
Admitted
Petitioner’s Exhibit 5
Joliet’s Petition for Review (PCB 07-9
Admitted
Petitioner’s Exhibit 6
Joliet’s Petition for Review (PCB 07-94:
Permit Appeal) dated March 21, 2007
Admitted
Petitioner’s Exhibit 7
Joliet’s Motion to Withdraw Permit Appeal
(PCB 07-94) dated June 6, 2008
Admitted
Petitioner’s Exhibit 8
Narrative Testimony of Eli Port of RSSI
Admitted
Petitioner’s Exhibit 9
The Health Physics Society’s Position
Statement, Radiation Risk in Perspective,
Adopted January 1996, Reaffirmed March
2001, Revised August 2004
Admitted
Petitioner’s Exhibit 10
Narrative Testimony of Richard E. Toohey
of Oak Ridge Associated Universities
Admitted
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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first
class, on February 5, 2009, to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to
the following on February 5, 2009:
John T. Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
____________________________
Kathleen M. Crowley
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois
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PCB 2009-025
IEPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PCB 2009-025
Gerald T. Karr
IEPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PCB 2009-025
Roy M. Harsch
Drinker Biddle & Reath, LLP
191 North Wacker Drive
Suite 3700
Chicago, IL 60606
PCB 2009-025
Yesenia Villasenor-Rodreguez
Drinker Biddle & Reath, LLP
191 North Wacker Drive
Suite 3700
Chicago, IL 60606