RECE~VED
CLERK’S OFFICE
APR
19
2004
BEFORE THE ILLINOIS
POLLUTION CONTROL
BOARD
STATE OF ILLINOIS
IN
THE MATTER OF:
)
Pollution Control Board
K,
PROPOSED AMENDMENTS TO
)
R 04-
DISSOLVED OXYGEN STANDARD
)
35
Iii. Adm. Code 302.206
)
NOTICE OF FILING
TO:
SEE ATTACHED SERVICE LIST
PLEASE
TAKE
NOTICE
that
on
Monday,
April
19,
2004,
we
filed
the
attached
MOTION
TO
WAIVE
SIGNATURE
REQUIREMENT
with
the
Clerk
of
the
Illinois
Pollution Control Board, a copy ofwhich is herewith served upon you.
Respectfullysubmitted,
ILLiNOIS ASSOCIATION OF WASTEWATER
AGENCIES
BY:
F
One ofIts Attorneys
/
Roy M. Harsch
Sheila H. Deely
GARDNER, CARTON
&
DOUGLAS
191
N. Wacker Drive
-
Suite 3700
Chicago, Illinois
60606-1698
(312)
569-1440
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
PROPOSED AMENDMENTS TO
)
R 04-
DISSOLVED OXYGEN STANDARD
)
35111. Adm. Code 302.206
)
MOTION TO WAIVE SIGNATURE REQUIREMENT
The Illinois Association of Wastewater Agencies (“IAWA”), by its attorneys Gardner
Carton & Douglas, moves to
waive the signature requirement to file a Petition forRulemaking in
Section 102.200
ofthe Board’s regulations.
IAWA is seeking to amend the rules governing
dissolved oxygen, contained in regulations
at Section 302.206.
In support, IAWA states as
follows:
1.
IAWA is
a member group consisting of 98 members, ofwhich
55
are agency
members.
The agency members themselves employ hundreds ofindividuals to administer the
wastewatertreatment systems in this state.
JAWA exists to support administrators and managers
ofwastewater collection and treatment agencies in the State of Illinois.
JAWA exists and acts
only due to
the concurrence ofgroup members with vital and shared interests in issues governing
wastewater treatment.
2.
Dissolved oxygen regulation is a priority ofmembers, and IAWA has been
working with its members and the Illinois Environmental Protection Agency (“Illinois EPA”) to
propose workable regulations in
line with U.S. EPA requirements for dissolved oxygen.
3.
Because of the nature of IAWA’ s status as a member organization, IAWA
seeks
to waive the requirement for signature.
To require a member organization like JAWA to obtain
signatures for a petition would present an added expense and burden to JAWA that is duplicative
and unnecessary in light ofits
status.
WHEREFORE, TAWA moves the Board to waive the signature requirement for its
proposal to amend the dissolved oxygen regulation.
tfully submitted,
oflls A
Roy M. Harsch
Sheila H. Deely
GARDNER, CARTON & DOUGLAS
191
N. Wacker Dr.
Suite 3700
Chicago, Illinois
60606
(312) 569-1000
CHO2/
22306556.1
CERTIFICATE OF SERVICE
The undersigned certifies that a copy ofthe foregoing
MOTION TO
WAIVE
SIGNATURE
REQUIREMENT were filed by hand delivery with the Clerk ofthe 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 191 North Wacker Drive, Chicago, illinois on Monday, April
19,
2004.
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue
P.O. Box
19276
Springfield,
Illinois
62794-9276
Office ofLegal Services
Illinois Department ofNatural Resources
One Natural Resources Way
Springfield, Illinois
62702-1271
Division ChiefofEnvironmental Enforcement
Office ofthe Attorney General
188W. Randolph St.,
20th
Fl.
Chicago, Illinois
60601
A~/
ft1~
Sheila H. Deely
CHO2/ 22306559.1