BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
SANITARY DISTRICT OF DECATUR,
)
)
Petitioner,
)
)
v.
)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PCB No. 09-125
(Variance
- Water)
NOTICE OF FILING
TO:
Mr. John Therriault
Assistant Clerk
ofthe Board
Illinois
Pollution Control Board
James
R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago IL 60601
(VIA ELECTRONIC MAIL)
Carol Webb, Esq.
Hearing
Officer
Illinois Pollution Control Board
Post Office Box 19274
Springfield IL 62794-9274
(VIA FIRST CLASS MAIL)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the Illinois
Pollution Control Board ILLINOIS ENVIRONMENTAL PROTECTION AGENCY'S
COMMENT ON PETITIONER'S RESPONSES TO
THE ILLINOIS POLLUTION CONTROL
BOARD'S QUESTIONS,
a copy of which is herewith service upon you.
Dated: December 24,
2009
Chad M. Kruse
Illinois Environmental
Protection Agency
1021 N Grand Avenue E
Post Office Box 19276
Springfield IL 62794
1
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY, Respondent,
BY:~C~~~&~
Chad M. Kruse
...
~R._==-
Electronic Filing - Received, Clerk's Office, Decembr 24, 2009
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
SANITARY
DISTRICT OF DECATUR,
)
)
Petitioner,
)
)
v.
)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PCB No. 09-125
(Variance - Water)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY'S COMMENT ON
PETITIONER'S RESPONSES TO
THE ILLINOIS POLLUTION CONTROL BOARD'S
QUESTIONS
NOW COMES
the Illinois Environmental Protection Agency ("Illinois EPA") by one of
its attorneys, Chad M Kruse, and comments on Petitioner, Sanitary District ofDccatur's
responses to the Illinois Pollution Control Board's ("Board") questions.
I.
COMMENT IN RESPONSE TO PETITIONER'S RESPONSE TO BOARD
QUESTIONS
leA)
AND l(B).
The Board asked questions
of Petitioner, in the Hearing Officer Order dated December 14,
2009, regarding the starting and ending point of the proposed variance. Petitioner's Outfall 001
is mentioned by the Board as a possible "in-stream starting point" for the requested variance. In
its response to Board Question
I (A), Petitioner offered no "reason that Outfall 00 I should not be
the in-stream
st31iing point for the requested variance." Petitioner states, in its response to Board
Question
I(B), that "a suggested end point for the requested variance is the U.S Geological
Survey stream gauging station 05576500 at Riverton."
The Illinois EPA estimates that the stream segment beginning at Petitioner's Outfall 001 and
ending at
U.S Geological Survey stream gauging station 05576500 at Riverton is in excess of 30
miles. Ifthe Board assumes that the Sangamol1 River has an average width of 100 feet within
1
Electronic Filing - Received, Clerk's Office, Decembr 24, 2009
this stream segment, the applicable stream segment has an estimated surface area of
approximately 428 acres.
Illinois
EPA does not have information on the method Petitioner used to calculate
Petitioner's suggested end point for the requested variance.
It
is thc Illinois EPA's position that
the suggested in-stream segment
of the requested variance, heginning at Petitioner's Outfall 001
and ending at U.S Geological Survey stream gauging station 05576500 at Riverton, is larger than
necessary. Extending the in-stream segment
of the requested variance for a distance larger than
necessary causes unnecessary degradation
of the designated uses of the Sangamon River.
Therefore, the Illinois
EPA requests, consistent with the Board's regulations in Part 302 of the
Illinois Administrative Code, that the requested variance be confined to
as small an area in the
Sangamon River
as is practicable under the terms of the requested variance.
II.
COMMENT IN RESPONSE TO PETITIONER'S RESPONSES TO BOARD
QUESTIONS
2, 3 AND 4.
Illinois
EPA does not offer a comment on Petitioner's responses to Board questions 2, 3, and
4.
Dated December 24, 2009
1021 North Grand Avenue East
PO Box 19276
Springfield
lL 62794-9276
217-782-5544
2
Respectfully submitted,
BYL2Zi~
Chad M. Kruse
,
Assistant Counsel
Illinois
EPA
Electronic Filing - Received, Clerk's Office, Decembr 24, 2009
CERTIFICATE OF SERVICE
I, the undersigned, certify that J have served one electronic copy ofthe attached Illinois
EPA
Comment on Petitioner's Responses to the Illinois Pollution Control Board's
Qnestions
upon:
Mr. John TheITiault
Assistant Clerk
of the Board
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago IL 60601
and one copy each to:
Katherine D. Hodge
HODGE DWYER
&
DRIVER
3150 Roland Avenue
PO Box 5776
Springfield
IL
62705-5776
Lauren
C. Lurkins
HODGE DWYER
&
DRIVER
3150 Roland Avenue
PO Box 5776
Springfield IL 62705-5776
via first class United
States mail from Springfield, Illinois, on the 28th day of December
2009, with postage fully prepaid.
SUBSCRIBED AND SWORN TO BEFORE ME
this 24th day
of December, 2009
Electronic Filing - Received, Clerk's Office, Decembr 24, 2009
