r~/T~~ ~
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
D~C22~OO~i
STATE OF ILLU\jOIS
VILLAGE OF
LAKE
BARRINGTON, CUBA
)
PoUut~onContro’ Board
TOWNSHIP, PRAIRIE RIVERS NETWORK,
)
SIERRA CLUB, BETH WENTZEL and
)
CYNTHIA SKRUKRUD,
)
)
Petitioners
)
v.
)
PCB05-55
)
(3rd
Party NPDES Permit
ILLINOIS ENVIRONMENTAL PROTECTION)
Appeal)
AGENCY and VILLAGE OF WAUCONDA,
)
)
Respondents.
)
SLOCUM LAKE DRAINAGE DISTRICT OF
)
LAKE COUNTY, ILLINOIS
)
)
Petitioner
)
v.
)
)
PCB 05-58
ILLINOIS ENVIRONMENTAL
)
(3rd Party NPDES Permit
PROTECTION AGENCY AND VILLAGE OF
)
Appeal)
WAUCONDA, ILLINOIS
)
)
Respondents.
)
AL PHILLIPS, VERN MEYER, GAYLE DEMARCO,
)
GABRIELLE MEYER, LISA O’DELL, JOAN LESLIE,)
MICHAEL
DAVEY, NANCY DOBNER, MIKE
)
POLITO, WILLIAMS
PARK
IMPROVEMENT
)
ASSOCIATION,
MAT
SCHLUETER, MYLITH PARK)
LOT OWNERS ASSOCIATION, DONALD KREBS,
)
DON BERKSHIRE, JUDYBRUMME, TWIN POND
)
FARMS HOMEOWNERS ASSOCIATION, JULIA
)
TUDOR and CHRISTINE
DEVINEYq
V.
Petitioners
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY and VILLAGE OF WAUCONDA,
Respondents.
)
)
)
)
)
CLERK’S OFFICE
DEC 22
2~O~
STATE OF
~LUNOIS
Fo~ution
Control
Board
PCB 05-59
)
(3rd
Party NPDES Permit
)
Appeal)
)
(Consolidated)
)
)
Dated: December4&.~2004
NOTICE OF FILING
TO: See Attached Certificate ofService
Please take notice that on December 22, 2004, I filed with the Illinois Pollution Control
Board an original and four (4) copies ofthe attached REQUEST TO ADMIT TO THE
VILLAGE OF WAUCONDA, copies of which are attached
and
hereby served upon you.
Bonnie L. Macfarlane
BONNIE MACFARLANE,
P.C.
106 W. State Road, P.O. Box 268
Island Lake, Illinois 60042
847-487-0700
Attorney No. 06205127
Illinois
Lake
ofLake County,
This Document Printed on Recycled Paper
STATE OF ILLINOIS
)
)
COUNTY OF MCHENRY)
CERTIFICATE OF SERVICE
Bonnie L. Macfarlane, an attorney, hereby certifies that a copy of the foregoing
Notice of Motion, Certificate ofService, and REQUEST TO ADMIT TO THE VILLAGE
OF WAUCONDA, was serve~n the persons listed below by first Class U.S. Mail, proper
postage prepaid, on Decembe~~2004.
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Percy L. Angelo
Russell R. Eggert
Kevin G. Desharnais
Mayer, Brown, Rowe & Maw, L.L.P.
190 5. LaSalle Street
Chicago, IL 60603
William D. Seith
Total Environmental Solutions, P.C.
631 E. Butterfield Road, Ste. 315
Lombard, IL 60148
Bonnie L. Macfarlane
BONNIE MACFARLANE, P.C.
106 W. State Road, P.O. Box 268
Island Lake, IL 60042
847-487-0700
Bradley P. Halloran
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph St., Ste. 11-500
Chicago, Illinois 60601
Albert Ettinger
Environmental Law and Policy Center
35
E.
Wacker Drive, Ste. 1300
Chicago, Illinois 60601
Sanjay K. Sofat, Asst. Counsel
James Allen Day
Illinois Environmental Protection Agency
1021 North Grand Ave., East
P.O. Box 19276
This Document Printed on Recycled Paper
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC 22 2~
SThTE OF ILLINOIS
VILLAGE OF LAKE BARRINGTON, CUBA
)
Po~ui~onControl L~o~ird
TOWNSHIP, PRAIRIE RIVERS NETWORK,
)
SIERRA CLUB, BETH WENTZEL and
)
CYNTHIA SKRUKRUD,
)
)
Petitioners
)
v.
)
PCB05-55
)
(3rd
Party NPDES Permit
ILLINOIS ENVIRONMENTAL PROTECTION)
Appeal)
AGENCY and VILLAGE OF WAUCONDA,
)
)
Respondents.
)
SLOCUM LAKE DRAINAGE DISTRICT OF
)
LAKE COUNTY, ILLINOIS
)
)
Petitioner
)
v.
)
)
PCB 05-58
ILLINOIS ENVIRONMENTAL
)
(3rd Party NPDES Permit
PROTECTION AGENCY AND VILLAGE OF
)
Appeal)
WAUCONDA, ILLINOIS
)
)
Respondents.
)
CLERK’S
OFFICE
AL PHILLIPS, VERN MEYER, GAYLE DEMARCO,
)
CtC
22 2t~J4
GABRIELLE MEYER, LISA O’DELL, JOAN LESLIE,)
STATE OF
ILLiNOIS
MICHAEL DAVEY, NANCY DOBNER, MIKE
)
Po~ut~orControi ~
POLITO, WILLIAMS PARK IMPROVEMENT
)
ASSOCIATION, MAT SCHLUETER, MYLITH PARK)
LOT OWNERS ASSOCIATION, DONALD KREBS,
)
DON BERKSHIRE, JUDY BRUMME, TWIN POND
)
FARMS HOMEOWNERS ASSOCIATION, JULIA
)
TUDOR and CHRISTINE DEVINEY,
)
)
Petitioners
)
)
v.
)
PCB 05-59
)
(3rd
Party NPDES Permit
ILLINOIS ENVIRONMENTAL PROTECTION
)
Appeal)
AGENCY and VILLAGE OF WAUCONDA,
)
(Consolidated)
)
Respondents.
)
JOINT REOUEST TO ADMIT
TO THE
VILLAGE OF WAUCONDA
NOW COMES, the Slocum Lake Drainage District of Lake County, Illinois, an
agency ofthe State of Illinois, through their attorney, Bonnie Macfarlane, P.C., and The
Resident Group, by and through their attorney, Jay J. Glenn, and pursuant to 35 Ill. Adm.
Code 101.202, propounds this JOINT REQUEST TO ADMIT to the VILLAGE OF
WAUCONDA, as follows:
1.
That on March 21, 2003, James Eschenbach was the Mayor of the Village of
2.
WaucondaThat
on March(hereinafter21, 2003,referredthe firmtoofasBonestroothe
“Mayor”).Devery1
& Associates were
retained by the Village of Wauconda, and were the engineers of the Village of
1References to JEPA
-
#s are to Illinois Environmental Protection document numbers filed
befor ethe Illinois Poluution Control Board as the Record in this proceeding, i.e., IEPA
#00161,001620, 001638, 001642.
3.
WaucondaThat
the Village(hereinafterofWaucondareferredhastobeenas
theidentified“Village
asEngineers”).one of the2Potentially
Responsible Party (“PRP’s”) relating to Wauconda Sand and Gravel, a
National Priority List Superfund Site.
4.
That on March 21, 2003, the Mayor signed EPA Form 3510-1, General
Information
-
Consolidated Permits Program
-
Form 1 General (“Form 1”).~
5.
That Form 1 contains the following statement (“Read the “General
6.
ThatInstructions”Form 1,
XIII,beforeCERTIFICATION,starting”).4
states as follows:
“I certify under penalty oflaw that I have personally examined and am
familiar with the information submitted in this application and all
attachments and that, based on my inquiry of those person immediately
responsible for obtaining the information contained in the application, I
believe that the information is true, accurate and complete. I am aware that
there are significant penalties for submitting false information, including the
7.
Thatpossibilityon Marchof
fine21,and2003,imprisonment.”the
Mayor executed5
EPA Form 3510-2A,6 NPDES
8.
ThatFormForm2A
Application2A
requiresOverview,all applicants(Formto2A).complete7
questions A.! through A-
8.8
9.
That question A.3 ofForm 2A required the Village of Wauconda to “provide
the permit number of any existing environmental permits that have been
issued to the treatment works (include state-issued permits)”.
2IEPA
-
#001608; #001609
3IEPA
-
#001611
4IEPA
-
#001610
5IEPA
-
#001611
6
7IEPA
-
#001612, 001620
8IEPA
-
#001612
10.
That the Village ofWauconda indicated in its answer to question A.3 that
11.
oneThatNPDESthe
Villagepermitof WaucondaIL
0020109indicatedwas issued.in9its
answer to A.3, under the
RECRA question, the answer “N/A.”°
12.
The Wauconda Sand and Gravel Superfund has been issued an Illinois EPA
industrial water pollution control permit, issued to the Wauconda Task
Group that allows the discharge of an average of 4,000 gallons per day of
leachate from the collection system to Wauconda WWTP, identified as
permit number 2001-EP-3444.
13.
That the Village of Wauconda’s answer to question A.3 of EPA Form 3510
was false.
14.
That the Mayor certified the false answer to questions A.3.”
15.
That EPA Form 3510-2A at pages 10 of 21 thru 14 of 2112 includes a
“SUPPLEMENTAL APPLICATION INFORMATION
-
PART D
EXPANDED EFFLUENT TESTING DATA.”
16.
That the Village ofWauconda answered using the symbol
~
indicating
“Not Believed to be Present” as its answer to numerous specific questions
dealing with the identification of: Metals, Volatile Organic Compounds,
17.
Acid-ExtractableThe
Village of WaucondaCompounds,answeredBase-Neutral“ARSENIC”Compounds.’with a
~
3
specifying the
answer “Not Believed to be Present”4 and this answer is false.
18.
That the Mayor’s certification of the Village ofWauconda’s Answers to
“PART D EXPANDED EFFLUENT TESTING DATA” was false.
19.
That EPA FORM 3510-2A at pages 18 of21 thru 19 of 21 includes PART F
9IEPA
-
#001613
‘°IEPA
-
#001613
“IEPA -#001620
‘2IEPA
-
#001621
thru 001624
‘3IEPA
-
#001621
thru
001624
‘4IEPA
-
#001621
20.
ThatINDUSTRIALthe VillageUSERofWaucondaDISCHARGESansweredANDtheRCRA/CERCLACERCLS (SUPERFUND)WASTES.15
WASTEWATER, RCRA REMEDIATION/CORRECTIVE ACTION
WASTEWATER, AND OTHER REMEDIAL ACTIVITY WASTEWATER
21.
withThat theon
Marchanswer21,“N/A.”2003,6 the Mayor had actual knowledge that the
Wauconda Wastewater Treatment Plant was receiving leachate from the
Wauconda Sand and Gravel Superfund Site.
22.
That the response of the Village ofWauconda to EPA Form 2510-2A, page 19
of21, to questions F.9 (RCRA Waste), F.10 (Waste Transport), F.!! (Waste
Description), F.12 (Remediation Waste), F.13 (Waste Origin), F.14
(Pollutants), f.15 (Waste Treatment)17 were false, in whole or in part.
23.
That on November 28, 1975, the Village ofWauconda did not discharge
effluent into Fiddle Creek, Fiddle Lake, Fiddle Marsh or the channels of the
Slocuin Lake Drainage District of Lake County (hereinafter referred to as
the “Fiddle Creek Wetlands”).
24.
The First discharge of STP effluents into the Fiddle Creek Wetlands
occurred when the Village ofWauconda re-located its wastewater outfall to
Anderson Road in the 19980’s.
25.
There are currently hundreds ofresidences in Wauconda Township and
Cuba Township adjacent to the Fiddle Creek Wetlands.
26.
The subdivisions of Saddlewood, Lakeland Estate and Twin Pond Farms are
all connected to the Fiddle Creek Wetlands.
27.
The Lake County Forest Preserve owns the Fox River Marina and Preserve
which is adjacent to the Fiddle Creek Wetlands.
28.
If the Village ofWauconda increased its monthly user fees to its Wauconda
Wastewater Treatment Plant customers, it could generate sufficient funds to
construct an underground wastewater pipeline to discharge its effluent
directly into the Fox River.
‘5IEPA
-
#001629
‘6IEPA
-
#00 1630
‘7IEPA
-
#00 1630
29.
The Village ofWauconda has not considered using the Northern Moraine
Water Reclamation District, Regional Waste Water Treatment Plant to
process its excess wastewater.
30.
The Village of Wauconda has not considered using Bangs Lake for its
WWTP Outfall.
Dated: December_, 2004
Bonnie L. Macfarlane
BONNIE MACFARLANE, P.C.
106 W. State Road, P.O. Box 268
Island Lake, Illinois 60042
847-487-0700
This Document Printed on Recycled Paper
