1. ILLINOIS POLLUTION CONTROL BOARD
      2. PROOF OF SERVICE
ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLFPr<’SOFF CF
JUL
032001
STATE
OF
ILLINOIS
Pollution Control Board
IN THE MAlTER OF:
AMENDMENTS TO LIVESTOCK
WASTE REGULATIONS
(35
ILL.
ADM. CODE
506)
Dorothy M.
Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite. 11-500
Chicago, Illinois
60601
)
RO1-28
)
(Rulemaking-Land)
)
NOTICE
OF FILING
AND THE ATTACHED SERVICE LIST
(Via U.
S.
Mail)
Carol Sudman,
Hearing Officer
Illinois Pollution Control Board
600
South Sixth Street, Suite 402
Springfield, Illinois 62704
PLEASE
TAKE
NOTICE
that I have today filed withthe Office of the Clerk of the PollutionControl
Board the Motion for Leave to file Instanterand Post-Hearing Comments ofthe Illinois Environmental Protection
Agency, a copy of which is herewith served upon you.
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLiNOIS
By:_____
Connie L. Tonsor
Associate Counsel
Division ofLegal Counsel
DATED: June 29, 2001
Illinois
Environmental Protection Agency
1021 North GrandAvenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
)
)
)
THIS FILING IS SUBMITTED ON RECYCLED PAPER
CL~
~‘s
ILLINOIS POLLUTION CONTROL BOARD
~L
0
3
?001
STATE OF ILLINOI
Poll,~
4~~
Con trol Board
IN THE MATTER OF:
)
)
AMENDMENTS TO LIVESTOCK
)
WASTEREGULATIONS
)
ROl-28
(35 ILL.
ADM. CODE 506)
)
(Rulemaking-Land)
)
MOTION FOR LEAVE TO FILE INSTANTER
NOW COMES the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
(Illinois EPA), by its attorney, Connie L. Tonsor, and requests that the Hearing Officer
allow the filing ofthese Post Hearing ConMnents instanter for the reasons set forth herein.
1.
After the comment period closed, the Illinois EPA received post-hearing
comments from the Illinois Department ofAgriculture (Department) and post-hearing
comments, received June 6, 2001
and June 26,2001
from Terry Feldmann, P.E.
2.
The Illinois EPA received the post-hearing comments ofthe Department and a
copy ofits Motion to File Instanteron June 21, 2001.
3.
After review ofthe post-hearing comments, the Illinois EPAbelieves that the
testimony it offering during this proceeding has been misunderstood by the Department
and Mr. Feldmann.
4.
The Illinois EPA seeks to clarify this misunderstanding.
5.
The Illinois Pollution Control Board (Board) has an interest in developing a full,
complete and accurate record in this rulemaking.
6.
Because there is no statutory deadline and this response will be provided to other
members ofthe public, no
members ofthe public orregulatory agency has been or will
be adversely impacted by the late filing ofthese comments.
Therefore, for the reasons set forth herein, the Illinois EPA requests that the
Hearing Officergrant this Motion for Leave to File Instanter authorizing the filing ofthe
attached Post Hearing Comment.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
6~62J9
Connie L. Tonsor
Associate Counsel
June 29, 2001
Illinois Environmental Protection Agency
1021 North Grand Ave. East
P.O. Box
19276
Springfield, Illinois
62794-9276
RECEIVED
CLERmS OFF
CE
ILLINOIS POLLUTION CONTROL BOARD
L
0
STATE OF ILLINOIS
Pollution Control Board
IN THE MATTER OF:
)
)
AMENDMENTS TO LIVESTOCK
)
WASTE REGULATIONS
)
ROl-28
(35 ILL. ADM.
CODE 506)
)
(Rulemaking-Land)
)
POST HEARINGCOMMENT OF ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
INTRODUCTION
NOW COMES the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (Illinois EPA), by
its attorney, Connie L.
Tonsor, and hereby submits comments in the above rulemaking.
1)
The illinois EPA offers this commentto clarifS’a misunderstanding concerning itspre-
filed testimony and to provide full information for the Illinois Pollution Control Board (Illinois
PCB) in the instant rulemaking. After the comment period closed, confusion arose in the
interpretation ofthe Illinois EPA’spre-filed testimony.
2)
In its June
19, 2001 post-hearing comments, the Illinois Department ofAgriculture (“the
Department”) refers to illinois EPApre-filed testimony ofApril 24, 2001 on the provision for a
perimeter drainage tube, as follows:
“TheDepartment concurs with Mr. Feldmann’scommentnumber 2 with regard to the
testimony of the Illinois Environmental Protection Agency. The requirement for a storage
facility for perimeter drainage tubing effluent is excessive and unnecessarily expensive.”
Mr. Feldmann’s comment ofJune
7, 2001
states “a storage facility for perimeter drain
tiles is not feasible,” frirther stating that such releases are not likely given the high
standards for new facility construction under the proposed Part 506 rules.
We certainly hope so.
Since no rule can be made foolproof and the placement of drainage
tubing adjacent to a structure to protect that structure from damage caused by hydraulic uplift also
makes that drainage tubing a means to convey livestock waste, we should be cautious about broad
statements of feasibility. Mr. Feldmann seems to share our feelings of caution by concluding that
if arelease to the drainage tubing did occur “theliquid must be captured.”
3)
Mr. Heacock testified:
“[T]he
Agency recommends that this subsection [Section
506.304(c)] be revised to include:....A provision for the diversion of livestock waste that may be
discharged from the drainage tubing, away from surface waters,
to a field or collection
area
vendingcollection and appropriate disnosal”
(emphasis added).
4)
That field or collection area, because of its temporary use in receiving a release of
livestock waste, need not meet the permeability, storage volume and other requirements of Part
506.
It is something other than “waters of the State.”
5)
In their simplest forms, the field or collection areas could be:
an area of crop production, naturally lower in elevation than the livestock facility
which could, in an emergency, receive livestock waste diverted away from
surface waters by means of a gate valve andpiping installed downstream ofthe
perimeter drainage tubing; or
a manhole with a gate valve that could be closed in an emergency, allowing both
the manhole and the upstream part of the drainage tubing to fill with livestock
waste until appropriate disposal could be affected.
6)
Apparently, the Department andMr. Feldmann understood the term “field or collection
area” to mean a permanent, fixed structure of extraordinary price.
7)
This interpretation is not consistent with the intention of the illinois EPA.
2
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:_______
Connie L. Tonsot
Associate Counsel
June 29, 2001
Illinois
Environmental Protection Agency
1021 North Grand Ave. East
P.O. Box
19276
Springfield,
Illinois 62794-9276
3
)
STATE OF ILLINOIS
COUNTY OF SANGAMON
)
)
)
)
ss
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached MOTIONFOR LEAVE TO FILE INSTANTER
AND POST-HEARING COMMENT upon the person to whom it is
directed, by placing a copy in an envelope addressed to:
Dorothy M.
Gunn, Clerk
Illinois Pollution Control Board
James R.
Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
(FirstClass Mail)
AND THE ATTACHED SERVICE LIST
(First Class Mail)
Carol Sudman
Hearing Officer
Illinois
Pollution control Board
600 South Second Street
Suite 402
Springfield,
Illinois 62704
(First Class Mail)
and mailing it from Springfield, Illinois
on
_________
,2001 with sufficient postage affixed as
indicated above.
___
I
____
SIJOSCiUBED
SWORN TO BEFORE ME
~ day
If 6Z44~5’~IQG
dl
THIS FILiNG IS SUBMITTED
ON
RECYCLED PAPER
ROl -28 Service List
Livestock Waste Management
Friday, June
29, 2001
CindyBushur-Hallam
illinois Department of Natural Resources
524
South Second Street
Springfield, illinois
62701
RichardDavidson
illinois PorkProducers Association
2200 Greenside Drive
Springfield, illinois
62704-3218
Sheila Deely
Gardner, Carton and Douglas
321 North Clark Street, Suite 3400
Chicago, illinois
60610
Matthew Dunn
Chief, Environmental Bureau
Office of the Attorney General
188 West Randolph Street,
11th Floor
Chicago, Illinois 60601-3218
Cynthia Ervin
Chief Legal Counsel
Department of Agriculture
Illinois
State Fairgrounds, Post Office Box
19281
Springfield, illinois
62708
Terry Feldmann
Feldmann and Associates
1191
Carolyn Court
East Peoria, illinois
61611
Scott Frank
Bureau ofEnvironmental Programs
Illinois Department of Agriculture
Illinois State Fairgrounds, Post Office Box
19281
Springfield, illinois
62708
Pam Hansen
Illinois Stewardship Alliance
Post Office Box 648
Rochester, illinois
62563
James Harrington
Ross and Hardies
150 NorthMichigan Avenue, Suite 2500
Chicago, illinois
60601-7567
Roy Harsch
Gardner, Carton and Douglas
321 North Clark Street, Suite 3400
Chicago, illinois
60610
Maralee Johnson
illinois BeefAssociation
2060 West Iles Avenue, Suite B
Springfield, Illinois
62704
John Lumpkin
Illinois Department of Public Health
535 West Jefferson, Floor 5
Springfield, illinois
62761-5058
Brent Manning
Director
illinois Department ofNatural Resources
524 South Second Street
Springfield, illinois
62701
Bruce St.
John
Doctor
illinois Citizens for Responsible Practices
1620 Northedge Court
Dunlap, Illinois 61525
Warren Goetsch
Division of Natural Resources
Illinois Department of Agriculture
Illinois State Fairgrounds, Post Office Box
19281
Springfield, Illinois
62708

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