BEFORE THE POLLUTION CONTROL BOARD
OF THE
STATE OF ILLINOIS
IN THE MATTER OF:
REVISIONS TO RADIUM WATER
QUALITY STANDARDS:
PROPOSED
NEW
35
ILL ADM CODE 302.307
AND AMENDMENTS TO
35
ILL ADM
CODE 302.207 AND
302.525
~ECEgVED
CLERKS OFFICE
JUN
02
2004
STATE OF ILLINOIS
Pollution Control Board
R04-21
Rulemaking
-
Water
)
)
)
)
)
)
NOTICE OF FILING
To:
See Attached Service list
PLEASE TAKE NOTICE that on June 2, 2004,
we filed the Illinois Pollution
Control Board the attached
MOTION FOR AN ADDITIONAL MERIT HEARING
on the proposal herein.
Jeffrey C. Fort
Letissa Carver Reid
Sonnenschein Nath & Rosenthal LLP
8000 Sears Tower
233
S. Wacker Drive
Chicago, IL
60606-6404
WRT Environmental (Illinois) LLC
THIS FILING IS
BEING SUBMITTED ON RECYCLED PAPER
RECE~VE~
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL
BOARD
~
~
OF THE
STATE OF ILLINOIS
~
U
L
L004
STATE OF ILLINOIS
IN THE MATTER OF:
)
Pollution Control Board
)
REVISIONS TO RADIUM WATER
)
QUALITY STANDARDS:
PROPOSED
)
R04-21
NEW
35
ILL
ADM
CODE 302.307
)
Rulemaking
-
Water
AND AMENDMENTS TO 35 ILL ADM
)
CODE 302.207 AND 302.525
)
MOTION FOR AN ADDITIONAL MERIT HEARING
WRT
Environmental
(Illinois),
LLC
and
its
related
companies
(collectively
referred
to
herein as
“WRT”),
through
its
attorneys,
Sonnenschein
Nath
&
Rosenthal
LLP,
and
pursuant
to
35
Iii.
Adm.
Code
102.422(b)
respectfully moves,
the
hearing
officer
or
in
the
alternative
the
Board,
for
an
additional
merit
hearing
in
the
above-
referenced matter.
In support ofits Motion,
WRT states as follows:
1.
WRT was established to aid municipalities in their efforts to
provide safe
drinking water, particularly with respect to the removal of radium and uranium as
required by the United States Environmental Protection Agency’s (“USEPA’s”)
Radionuclide Rule.
All radium or uranium removal processes generate radioactive
residuals; however, many communities
do not have the expertise for the safe handling,
transportation and
disposal of radioactive residuals.
WRT’s goal is to provide for the
safe removal ofthe contaminate from the raw water supply, and to ensure the final
disposal ofthe contaminate into a safe, secure and licensed disposal site.
2.
WRT met with representatives ofthe Pollution Control Board in the fall
2003,
and with the Illinois Environmental Protection Agency (“IEPA”) and the Illinois
Emergency Management Agency (“IEMA”) at that time and continuing from time to
time
in Winter and Spring 2004.
The purpose ofthese meetings was to
advise the relevant
agencies of the benefits ofthe WRT System, with respect to
the removal ofradium from
drinking water supplies in Illinois.
Further, there were discussions with JEPA concerning
the permitting of the technology as well as discussions about the pilot plants located in
Illinois.
3.
Despite these meetings the WRT
System (or the existence ofsuch
technology) was not identified in this
rulemaking.
WRT has been materially prejudiced
as WRT did not learn ofthis proceeding until Thursday, May 27, 2004
-
less than
one
week ago.
4.
WRT immediately retained counsel and has submitted comments
and now
submits this request for a further hearing on the merits ofthe proposal.
5.
It is not practicable to present all of the information
and evidence that
is
relevant to
the effects relating to the proposed rule change in a submission ofwritten
comments.
WRT requests an
additional merit hearing so that it can adequately present
evidence relating to:
(1) the methods for treatment ofradium from drinking water
supplies in Illinois;
(2) the handling and disposal offiltrate resulting from that treatment;
and (3) the effects ofradium on organisms other than humans, including relevant criteria
established by the United States Department ofEnergy.
6.
There is nothing contained in the transcripts or the exhibits in connection
with this proceeding that bear on:
(1) the technical feasibility ofthe proposal; (2) the
economic reasonableness ofthe proposal; (3) the environmental impact ofthe proposal;
or (4) the infeasibility or unreasonableness ofthe existing standards.
7.
Among the issues that we submit should be
addressed by this record are
the following:
(1)
Does receipt by the POTW of radioactive residues from a radium
treatment site require a modification ofthe wastewater permit?
(2)
Are wastewater plants required to monitor their sludge for
radiation?
(3)
Have POTW workers been trained and informed about their
occupational exposure?
(4)
Is there a provision for addressing radioactive contamination of the
wastewater collection system?
(5)
Is there a forecast for radium concentration, on a dryweight basis,
in the sewage sludge?
•
Does each wastewaterplant have a forecast for required
acreage to comply with land application rules for
radium-laden sludge?
•
Does each wastewater plant have sufficient land to
ensure
long term operational viability?
(6)
Have POTWs agreed to accept this radioactive waste,
and its
related liability, in perpetuity?
(7)
Have leach
studies been conducted on radium-laden sewage
sludge
to determine the risk ofgroundwater contamination?
(8)
Is the land owner/farmer going to be advised ofthe radium level in
the sludge?
(9)
Are any restrictions (for crops or residential use) going to be
placed on the land?
How will these be monitored in perpetuity?
8.
WRT submits that further hearings are necessary under Illinois law.
A full
and public hearing on these issues is in the public’s interest.
Respectfully submitted,
Sonnenschein, Nath & Rosenthal LLP
Attorneys
fo
WRT Environmental (Illinois), LLC
BY~(~
Dated:
June 2, 2004
Jeffrey C. Fort
Letissa Carver Reid
Sonnenschein Nath & Rosenthal LLP
8000 Sears Tower
233
5. Wacker Drive
Chicago, IL
60606-6404
14381038.5
CERTIFICATE OF SERVICE
The undersigned, an attorney, certify that I have served upon the individuals
named on the attached Notice ofFiling true and correct copies ofthe
MOTION FOR
AN ADDITIONAL MERIT HEARING by First Class Mail, postage prepaid on June 2,
2004.
SERVICE LIST
R04-21
Amy Antoniolli
Hearing Officer
Board
Street
Illinois Pollution
Control Board
100 WestRandolph Street
Suite 11-500
Chicago, IL 60601
Protection Agency
Joel J. Sternstein, Assistant Attorney General
Matthew J. Dunn, Division Chief
Avenue East
Office ofthe Illinois Attorney General
Environmental Bureau
188 West Randolph
20th
Floor
Chicago, IL
60601
Counsel
Abdul Khalique, Radiation Chemist
Natural Resources
Richard Lanyon
Way
Douglas
Metropolitan Water Reclamation District
OfGreater Chicago
6001
West Pershing Road
Cicero, IL
60804
Claire A. Manning
Posegate & Denes
111
North Sixth Street
Springfield,
IL 62701
William Seith
Total Environmental Solutions
631
East Butterfield Road
Suite 315
Lombard, IL 60148
