WATER QUALITY AMENDMENTS TO
35
Iii. Adm. Code 302.208(e)-(g), 302.504(a)
302.575(d),
303.444, 309.141(h); and
PROPOSED
35
Iii. Adm. Code 301.267
301.313, 301.413, 304.120, and
309.157.
RECEIVED
CT
F~’S OFFICE
APR 152002
NOTICE OF FILING
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100. West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Matthew Dunn
Illinois Attorney General’s Office
Environmental Control Division
James R. Thompson Center
100 West Randolph Street
Chicago, Illinois 60601
Marie B. Tipsord
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Legal Service
Illinois Department ofNatural Resources
524 South Second Street
Springfield, Illinois 62701-1787
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk ofthe
Pollution Control Board the WRITTEN COMMENT OF THE ILLINOIS ASSOCIATION OF
WASTEWATER AGENCIES, a copy ofwhich is served upon you.
ILLINOIS ASSOCIATION OF WASTEWATER AGENCIES,
By:
‘bne ofIts Attorneys
0
Sheila H. Deely
Roy M. Harsch
GARDNER CARTON & DOUGLAS
321 North Clark Street
Chicago, Illinois 60610
(312) 644-3000
Dated: April
15,
2002
IN THE MATTER OF:
BEFORETHE ~
~èL~-I3F
~LLlNOIS
Pollution Control Board
)
)
)
)
)
R02- 11
Rulemaking-Water
TIllS FILliNG
PRINTED ON RECYCLED PAPER
~i~ECEIVED
CT FRK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR 1
5
2002
IN THE MATTER OF:
Pollution
S~ti~FEOF
Control
ILLINOIS
Board
WATER QUALITY AMENDMENTS TO
)
35 Ill. Adm. Code 302.208(e)-(g), 302.504(a)
)
R02-1 1
302.575(d), 303.444, 309.141(h); and
)
Rulemaking-Water
PROPOSED 35 Ill. Adm. Code 301.267
)
301.313, 301.413, 304.120, and 309.157.
)
WRITTEN COMMENT OF THE
ILLINOIS ASSOCIATION OF WASTEWATER AGENCIES
The Illinois Association ofWastewater Agencies (IAWA), submits this written comment
to the Illinois Pollution Control Board (Board) in support ofa component ofthe proposal made
by the Illinois Environmental Protection Agency (Agency) in PCB R02-11.
The IAWA endorses the Agency’s reconmiendation to change the term designating the
oxygen demand ofwastewater treatment effluents from the term five
(5)
day biochemical oxygen
demand to five
(5)
day carbonaceous biochemical oxygen demand (CBODS5). Contrary to the
assertions ofthe environmental groups at the second hearing in this matter, the IAWA believes
that the change is not a mechanism to relax existing effluent standards. Rather, it is an attempt to
more clearly define the wording and terminology ofthis existing regulation, in accordance with
the Board’s historical intent. The accuracy ofthe BOD5 test has always been a problem because
ofthe variable contribution ofthe nitrogenous BOD5, to the point that the BOD5 test is of limited
value. From a performance measure, compliance measure, and from an historical regulatory
perspective, CBOD5 is the appropriate test for wastewater discharges.
IAWA urges the Board to adopt the rule as proposed. Concerns regarding ammonia
toxicity are properly addressed by Sections 304.105 and 304. 122 ofthe Board’s regulations,
which are currently the subject ofa rulemaking before the Board.
See In the Matter ofProposed
Amendments to the Ammonia Nitrogen Standards,
35 Ill. Adm. Code 302.212, 302.213, 304.122,
R02-19. As for concerns about ammonia from a nutrient standpoint, this should be addressed
when the United States Environmental Protection Agency issues a new National Criteria
Document and the Board is presented with consideration ofthe adoption ofa new standard.
Finally, concerns with the individual impact on streams are properly addressed through the Total
Maximum Daily Load process on stream reaches. This is not an appropriate issue in this
proceeding.
In the prior testimony ofMichael Callahan on behalfofIAWA concerning the change
from BOD to CBOD, which was presented at the hearing on March 6, 2002, Mr. Callahan
referenced testimony and other materials by Dr. John Pfeffer in the R71-14 proceeding. At that
hearing, the Board asked IAWA if it could locate a copy ofthat material. After a thorough
search by the Bloomington and Normal Water Reclamation District, counsel for IAWA Gardner
Carton and Douglas, and other sources, IAWA has not been able to locate this material.
IAWA also requests that the Board adopt the change to dissolved metals from the current
total metals for the reasons presented by the Agency and as further supported by the Galesburg
Sanitary District in the Testimony ofSteven E. Davis, District Superintendent ofthe Galesburg
Sanitary District (GSD). As testified to by Mr. Davis, GSD, the DeKaib Sanitary District, and
other publicly owned treatment works are currently experiencing difficulty in meeting the permit
limits derived from the total metals discharge limitation, and are in need offinal adoption of
these rules. Dissolved metals are a better representation ofthe biologically active portions of
metal.
The IAWA appreciates this opportunity to provide comment in this proceeding.
CHO2/22 182997.1
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing WRITTEN COMMENT OF THE
ILLINOIS ASSOCIATION OF WASTEWATER AGENCIES was filed by hand delivery with the
Clerk of the Illinois Pollution Control Board and served upon the parties to whom said Notice is directed
by first class mail, postage prepaid, by depositing in the U.S. Mail at 321 North Clark Street, Chicago,
Illinois on Monday, April 15, 2002.
CHO2/22183556.1
Mike Callahan
Bloomington Normal Water Reclamation District
P.O. Box 3307
Bloomington, IL 61702-3307
Dennis Duffield
Department ofPublic Works City ofJoliet
921 E. Washington Street
Joliet, IL 60433
Lisa M. Frede
Chemical Industry Council
9801 W. Higgens Rd,
-
Suite
515
Rosemont, IL 60018
James T. Harrington
Ross &Hardies
150 North MichiganAvenue
Suite 2500
Chicago, IL 60601
Katherine Hodge
Hodge Dwyer Zeman
3150 Roland Avenue
Springfield, IL 62705
Robert A. Messina
Illinois Environmental Regulatory Group
215 East Adams Street
Springfield, IL 62701
Irwin Polls
Metropolitan Water Reclamation District Of Chicago
6001 West
Cicero, IL 60804
Marie Tipsord
Attorney, Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, IL 60601
Larry Cox
Downers Grove Sanitary District
2710 Curtiss Street
Downers Grove, IL 60515
Albert Ettinger
Environmental Law & Policy Center
35 E. Wacker Drive
-
Suite 1300
Chicago, IL 60601
Dorothy Gunn
Clerk, Pollution Control Board
100 West Randolph
-
Suite 11-500
Chicago, IL 60601
Ron Hill
Metropolitan Water Reclamation District
100 East Erie
Chicago, IL 60611
Margaret P. Howard
Hedinger & Howard
1225 S. Sixth Street
Springfield, IL 62703
Tom Muth
Fox Metro Water Reclamation District
682 State Route 31
Oswego, IL 60543
Sanjay Sofat
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, IL 62794-9276
R02-1 1 Service List
Water Quality Triennial Review
April 15, 2002
CHO2/22183569.1