BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
LAKE
IN THE HILLS SANITARY
)
DISTRICT,
)
)
No. PCB 05-f2
Petitioner,
)
vs.
)
(Permit Appeal)
RECE~VED
iLLiNOIS ENVIRONMENTAL
)
JUL
2
~
2004
PROTECTION AGENCY,
)
)
~
U~
Respondent.
)
~LL1mON
CONTROL
BOARI)
NOTICE
OF FILING
TO:
See Proofof Service
PLEASE
TAKE
NOTICE that on July 28, 2004, we caused to be filed with the Illinois
Pollution Control Board,
100 West Randolph St.,
James R. Thompson Center, Suite
11-500,
Chicago, IL 60601
the attached Lake in the Hills Sanitary District’s APPEARANCE and
PETITION FOR
HEARING
TO CONTEST SPECIAL CONDITIONS
ON LAND
APPLICATION OF SEWAGE SLUDGE
in the above entitled matter.
~
DISTRICT
Robert W. Fetzner
PROOF
OF SERVICE
The undersigned, a non-attorney, hereby swears under oath that she
served a copy of the foregoing upon the
following
party by depositing same in the U.S. mail, withpostage prepaid, at Crystal Lake, Illinois, this ~~day
of
July, 2004.
Division of Legal Counsel
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, IL 62794-9276
~/‘~g~
jj
‘OFFICIAl
SEAL
MARY
J,
NADEAU
Notary P~oHc,State of IUinois
My Commission
Expires
04/02/05
Robert W. Fetzner
Attorney # 06274910
Zukowski, Rogers, Flood & McArdle
50 Virginia Street
Crystal Lake, IL 60014
(815) 459-2050
U:\K5CALISE\RWF\LITI-I
Sanitart Dist\Appeal.IEPA\NOF.wpd
SUBSCRIBED
otary
This document
is printed
on recycled paper.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
LAKE IN THE HILLS SANITARY
)
DISTRICT,
)
)
No.PCB0~
iZ~.
Petitioner,
)
)
(Permit Appeal)
vs.
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
JUL
2 ~
2004
)
Respondent.
)
‘~
~WNO~S
~.
~
CONTROL
~ARD
APPEARANCE
The undersigned enters their appearance on behalf ofPetitioner, LAKE IN THE HILLS
SANITARY DISTRICT.
LAKE IN THE HILLS SANITARY DISTRICT
By:_______________________
Robert W. Fetzner
Robert
W. Fetzner
Attorney# 06274910
Zukowski, Rogers, Flood
& McArdle
50 Virginia Street
Crystal Lake, IL 60014
(815)
459-2050
U:\KSCALISE\RWF\LITH
Sanitart Dist~Appeal.IEPA’Appearance.wpd
This document is printed on recycled paper.
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
LAKE IN THE HILLS SANITARY
)
DISTRICT,
)
No.PCBOç-
12—
Petitioner,
)
)
(Permit Appeal)
vs.
)
RECESVED
ILLINOIS
ENVIRONMENTAL
)
1JUL
2 ~
2004
PROTECTION AGENCY,
)
)
S1ME
C*
Respondent.
)
~
CONTROL ~OAR1)
PETITION FOR HEARING
TO
CONTEST SPECIAL CONDITIONS ON
LAND APPLICATION OF SEWAGE SLUDGE
The Petitioner, LAKE iN THE HILLS SANITARY DISTRICT (“Sanitary District”), by
and through its attorneys, Zukowski, Rogers, Flood
& McArdle, respectfully requests a hearing
to contest the special conditions placed upon the Sanitary District’s land application ofsewage
sludge permit by the Illinois Environmental Protection Agency (“IEPA”).
In support of
its
petition, the Sanitary District states as follows:
1.
This petition is
filed pursuant to Section 40 (a) (1) of the Illinois Environmental
Protection Act (“Act”) (415 ILCS
5/40).
2.
On June 24, 2004 the IEPA issued permit number 2004-SC-0639 to the Sanitary
District allowing
for the application ofapproximately 1,000
dry tons per year ofaerobically
digested sewage sludge to agricultural
lands at rates not to exceed the agronomic nitrogen
demand of the crop grown.
Attached hereto and incorporated herein as Exhibit A is a copyofthe
permit.
This document is printed on recycled paper.
3.
This permit issued to the Sanitary District contained five special ôonditions.
Three
ofthe
five special
conditions concern
the radium concentration for the land application ofsewage
sludge.
4.
The Sanitary District contests the special conditions on grounds including the
following:
a.
The special conditions listed in the permit which restricts land application
ofsewage sludge due to radium concentrations are too restrictive;
b.
The special conditions concerning radium concentrations listed in the
permit are well in excess of federal restriction on radium concentrations;
c.
The cost for disposal of the sludge will be increased which will result in
increased costs and fees to residents.
WHEREFORE, the
LAKE
IN THE HILLS SANITARY DISTRICT respectfullyrequests
that the ILLINOIS POLLUTION CONTROL
BOARD enter
an order (a) setting for hearing this
contest of the
special conditions placed on the land application ofsewage sludge permit issued to
the Lake in the Hills Sanitary District, (b) reverse the special conditions placed by the Illinois
Environmental Protection Agency on the Lake
in the Hills Sanitary District permit number 2004-
SC-0639, and (c) providing such other and further relief as the Illinois Pollution Control Board
deems appropriate.
LAKE IN
THE HILLS
SANITARY DISTRICT
By, Zukowski, Rogers, Flood & McArdle
By___
obert
W.
Fetzner
Robert W. Fetzner
Attorney # 06274910
Zukowski, Rogers, Flood & McArdle
50 Virginia Street
Crystal Lake, IL 60014
(815) 459-2050
This document is printed on recycled paper.
2
Jul-22-04
04:44P
P.01
~
1~tt2/~)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
WATER POLLUTION CONTROL PERMIT
~--.i=_)-
lL~i~O~
LOG
NUMBERS:
0639-2004
PERMIT NO.:
2004-SC-0639
FINALPLANS,SPECIFICATIONS,APPLICATION
DATEISSUED:
June
22,
2004
AND SUPPORTING
DOCUMENTS
PREPARED
BY: Wight Consulting
-
Post-It~
Fax
Nate
7671
Dale7
~
IAI’~
-~
SUBJECT:
LAKE
IN
THE
HILLS-Land Application of Sewage SludgE
—
~
1
_,
To
~
~
Co.
PERMITTEE TO OPERATE
Phuncft
pru)ne.’l
Lake In The Hills
Sanitary District
FaX#
F~x#
515 Plum Street
Lake In The
Hills, Illinois 60156
F’errnit
is hereby granted
to the ab,,ve designated permittee(s) to operate water pollution control facilities described as follows:
Application of approximately
1000 dry tons peryear of aerobically digested sewage sludge to agricultural lands
at
rates
not
to
exceed the agronomic nitrogen demand of the
crop grown.
This operating permit expires on
May 31,
2009,
This
Permit is issued subject to the following Special
Condition(s).
If such Special Condition(s)
require(s)
additional or revised
facilities,
satisfactory engineering
plan documents must be submitted to
this Agency for review and approval for issuance
of
a Supplemental
Permit,
SPECIAL CONDITION
1: Sludge shall
be limited to
one
application per
site, unless the
permfttee can demonstrate that
the
radium concentration
shall not have a
total increase of greater than 0.1
pCi/gram since the
initial sludge application under
this
permit,
The permittee shall
receive written Agency approval prior to placing
a second
sludge application
on
such fields.
SPECIAL
CONDITION 2:
Sludge shall be sampled
and analyzed,
on
a semi-annual basis, to
determine the concentrations
of Radium 226 and Radium 228.
The resultant data shall be submitted to
this Agency.
SPECIAL CONDITION 3:
For the duration of this
permit, the
permittee shall determine the quantity of sludge produced by the
treatment facility
In dry tons or gallons with
a percent total solids analysis,
The permittee
shall maintain adequate records of
the quantities
of sludge produced and have said records available for Agency
inspection.
The permittee shall submit to
the
Agency
a
semi-annual summary report of the quantities of sludge generated and disposed
(in units of dry
tons) by different
disposal
methods
including
but
not
limited
to
appUcatiort
on
farmland,
application
art
reclamation
land,
laridfiiling,
public
distribution,
dedicated land
disposal, sod farms,
storage iagoons or any other specified disposal method.
Said
reports shall
be submitted
to the Agency
by January
31
and
July
31
of each
year reporting the preceding
July through
December
and
January
through
June
sludge
disposal
operations
respectively.
The
perniittee
shall
submit
the
semi-annual
sludge
management
report~to
the following address:
Page
1
of 4
THE
STANDARD CONDITiONS
OF
ISSUANCE INDICATED
ON
THE
REVERSE SIDE
MUST
BE
COMPLIED WITH
IN
FULL.
READ ALL
CONDITIONS CAREFULLY.
SAKJCH
.063904
DIVISiON
OF WATER POLLUTION CONTROL
cc~.
EPA -Maywood
FOS
Wight
Consulting
~_‘~‘
-
Alan
Keller,
P.E.
Manager, Permit
Section
Jul-22-04
04:44P
P.02
ILLINOiS ENVIRONMENTAL PROTECTION AGENCY
WATER POLLUTION CONTROL
PERMIT
LOG NUMBERS:
0639-2004
PERMIT
NO.:
2004-SC-0639
FINAL
PLANS, SPECIFICATIONS, APPLICATION
DATE ISSUED:
June
22,
2004
AND SUPPORTING DOCUMENTS
PREPARED BY: Wight Consulting
SUBJECT:
LAKE
IN
THE HILLS-Land Application
of Sewage Sludge
Illinois Environmental Protection Agency
Bureau
of Water
Compliance Assurance Section
Mail Code #19
1021
North Grand Avenue East
Post Office
Box 19276
Springfield,
Illinois
62 794-9276
SPECIAL CONDITION 4:
For the duration of this
permit, the
permittee shall sample all different sludges being applied to land
or publicly
distributed
on
a
quarterly
basis
and
chemically
analyze
said
samples in
accordance
with
the
recommended
procedures
contained
in the latest edition of Standard Methods forthe Examination of Water and Wastewater for the following
parameters:
Nutrients
Metals
~Jther
Total
Kjeldahl Nitrogen
Cadmium
pH
Ammonia Nitrogen
Copper
TS
Phosphorus
Lead
VS
Potassium
Manganese
Nickel
Zinc
In addition to the above parameters,
anaerobically digested sludge shall also
be tested for volatile acids.
The results of these
analyses shall be submitted to
this Agency on a quarterly basis.
The
permittee shall update the sludge application rate utilizing
all sludge analyses
obtained after the previous sludge application period.
SPECIAL CONDITION 5:
A.
Sludge shall be applied to
sites within the following guidelines:
1.
Sludge shall riot be applied to sites during precipitation.
2.
Sludge shall not be applied to sites which are saturated or with
ponded water.
3.
Sludge shall not be applied to ice or snow covered sites.
4.
Frozen
land,
which
is
not ice or snow covered
and has a slope of 5
or less,
may be used
for land appIlc~tionof
sludge provided a 200 foot grassy area
exists between the sludge applied land and any surface water or potable
water
supply well.
B.
it is not recommended that sludge be applied
to sites:
1,
When precipitation is imminent,
2.
Which have
received greater than
1/4
inch
rainfall
within the 24-hour period
preceding
the
intended sludge applic~itiori
time.
Pa~je
2 o~
4
——
—
.
~
P.03
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
WATER POLLUTION CONTROL PERMIT
LOG NUMBERS:
0639-2004
PERMIT NO.:
2004-SC-0639
FINAL PLANS, SPECIFICATIONS, APPLICATION
DATE ISSUED:
June
22,
2004
AND SUPPORTING DOCUMENTS
PREPARED
BY: Wight Consulting
SUBJECT:
LAKE IN THE
HILLS-Land Application of Sewage Sludge
C.
Sludge
shall
riot be applied to land which
lies with in 200 feet from
a community water supply well,
potable water supply
well,
surface waters or intermittent streams or within one-fourth
of
a
mile of any
potable water supply wells located
in
consolidated bedrock such
as
limestone or sinkhole areas unless
a 50
foot depth
of non-sandy or non-gravelly unconsolidated
material exists.
In
no case shall
sludge be applied within 400 feet
of a community water supply well deriving water from an
Linconfined shallow fractured or highly permeable bedrock formation or
from
an
unconsolidated and unconfined sand and
gravel formation.
D.
Sludge shall
not be applied to sites during the
periods
in which the seasonal
high water table rises within
3 feet
of the
surface at the site.
E.
Sludge shall only
be applied
to land with
a
background soil pH of 6.5 or greater unless lime or other suitable materials are
applied to the site prior to sludge application to raise the soil pH
to
a minimum of 6.5.
F.
Sludge shall be applied and incorporated
into the
site
soils within the following guidelines:
1.
Sludge may be surface applied without incorporation only
if the site
slope is less than 8
and
the annual soil loss does
not exceed
5
tons/acre as determined
by the Universal Soil Loss Equation.
H
2.
Sludge shall be incorporated
if:
A)
Site slope exceeds 8
but the annual soil loss
is less than 5 tons/acre, or
B)
Site slope is less than 8
but the annual soil
loss exceeds 5 ton/acre.
3.
Sludge shall not be applied to a site
with slope greater than
8
with annual soil
loss in excess of 5 ton/acre.
4.
Unless surface application is allowed pursuant to
this condition,
or otherwise
specified
in this
permit,
sludge shall be
incorporated within 48
hours of application or prior to any rainfall whichever is more restrictive.
G.
Sludge amended land shall have a crop grown and harvested pursuant to
normal agricultural practices.
H
The delivery and application of sludge, and the choice of an application
site, shall be made so as to minimize the emission
of odors to nearby
residents taking
into account
the direction of wind,
humidity and day of the week.
I.
Sludge application shall not exceed the following maximum metal loading
rates over the lifetime of a site (pounds per acre).
1,
Soils with 5-l5meq/100 grams Cation Exchange Capacity (CEC):
Total Loadj~g
Annual Loading
Cadmium
10
2
Nickel
100
--
Copper
250
--
Zinc
500
--
Manganese
900
--
Lead
1000
--
Paçja3
014
Jul—22—O4
04:45P
P.04
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
WATER POLLUTION CONTROL PERMIT
LOG
NUMBERS:
0639-2004
PERMIT NO.:
2004-SC-0639
FINAL PLANS, SPECIFICATIONS, APPLICATION
DATE ISSUED:
June
22,
2004
AND SUPPORTING DOCUMENTS
PREPARED BY: Wight Consulting
SUBJECT:
LAKE IN
THE HILLS-Land
Application of Sewage Sludge
2.
Soils with 0-5 meq/100 grams CEC shall apply only half the metal loading rates set forth
in item 1(1) above.
3.
Soils with
15 or greater rneq/100
grams CEC may apply
double the total
metal loading
rates
set forth
in item
1(1)
above, however a supplemental permit shall be required for that specific site,
J.
Sludge stored off the sewage treatment plant site
shall be performed within the following guidelines:
1.
Off-site interim
storage of liquid sludge shall not
be allowed.
2.
Off-site interim storage of dried sludge
in excess of 2 months shall not be allowed.
In addition, measures shall be
taken to
contain runoff arid leachate from any dried sludge that is stored.
K.
Users
applying sludge to sites greater than 300 acres under common ownership or control or
users of more
than 1500
dry
tons
per year
shall obtain
a
sludge
user
permit
from
this
Agency unless
the
site
is
specifically identified
in
the
perrrittee’s application.
L.
User information sheets,
in conformance with the
Design Criteria for Sludge Application on
Land (Title
35,
Subtitle
C,
Chapter II,
Part 391), shall
be provided
by the perrnittee to
all
sludge users and shall be signed by sludge users requesting
more than 25 cubic yards.
Records regarding sludge users shall be retained by the permittee for the duration of this permit
and
2
years after the expiration date of this
permit.
Page4 of4
P.05
._
.
—.-
~
~.
—
~
Li ‘i
~
~
I—’
‘I’
READ ALL CONDITIONS
CAREFULLY:
STANDARD CONDITIONS
The
Illinois
Environmental
Protection
Act
(Illinois
Revised Statutes Chapter
111-12, Section 1039)
grants
the
Environmental
Protection
Agency
authority
to
impose conditions on
permits which
It issues.
Unless
the
construction
for which
this
permit
is
issued has
beeq completed, this permit will expire
(1)
two years after the date of issuance for permits
to construct sewers or wastewater sources
or (2)
three years
after
the date of issuance for permits to
construct treatment works
or pretreatment works,
2.
The
construction
or
development
of
facilities
covered
by this permit shall
be
done in compliance
with
applicable
provisions
of
Federal
laws
and
regulations,
the Illinois
Environmental
Protection
Act,
and
Rules
and
Regulations
adopted
by
the
Illinois
Pollution
Control
Board.
3.
There
shall
be
no
deviations
from
the
approved
plans and
specifications
unless
a written request
for modification of the project, along
with plans and
specifications
as
required,
shall
have
been
submitted
to
the
Agency
and
a
supplemental
written permit issued.
4.
The
permittee
shall
allow
any
agent
duly
authorized
by the Agency upon the
presentations
of credentials:
a.
to
enter at reasonable times, the permittee’s
premises
where
actual or
potential
effluent.
emission
or
noise
sources
are
located
or
where any activity is to
be
conducted pursuant
to
this permit:
b.
to
have access
to
and
copy
at
reasonable
times any
records
required to
be kept under
the terms
and
conditions of this permit;
c.
to
inspect
at
reasonable
times,
including
during any
hours
of
opeTation of equipment
constructed
or
operated
under
this
permit,
such equipment ormonitoring
methodology or
equipment
required
to
be
kept,
used,
operated,
calibrated
and
maintained
under
this permit;
d.
to
obtain
and
remove
at
reasonable
times
samples
of
any
discharge
or
emission
of
pollutants:
a.
to
enter at
reasonable times and
utilize
any
photographic,
recording, testing,
monitoring
or
other equipment
for
the purpose
of
preserving,
testing,
monitoring,
or recording any activity,
discharge,
or
emission
authorized
by
this
permit.
5.
The
Issuance
of this permit:
a.
shall
not
be
considered
a’~
in
any
manner
affecting
the title
of the
pro’ ~isesupon which
the permitted facilities are to
be
located;
b.
does
not
release
the
permittee
from
any
liability
for
damage
to
person
or
properly
caused by or resulting from the construction,
maintenance,
or
operation
of
the
proposed
facilities;
c.
does
not
release
the
perrrtittee
from
compliance with other applicable statutes
and
regulations of the
United
States,
of the State
of
lllinots,
or
with
applicable
local
laws,
ordinances and regulations,
d.
does
not take into
consideration
or attest to
the
structural
stability of any
units
or
parts
of
the project:
e.
in
no
manner
implies
or
suggests
that
the
Agency
(or its
officers,
agents
or employees)
assumes any
liability, directly or indirectly,
for
any
loss
due
to
dam::ge,
installation,
maintenance,
or
operation
of the
proposed
equipment or facility,
6.
Unless
a
loint construction/operation
permit has
been
issued,
a
permit
for
operating
shall
be
obtained
from
the
agency
before
the
facility
or
equipment covered
by
this
permit
is
placed
into
operation.
7.
These
standard
conditions
shall
prevail
unless
modified
by special
conditions,
8,
The Agency may
file
a complaint with the Board for
suspension or revocation of
a permit:
a.
upon
discovery
that
the
permit
application
contained misrepresentations, misinformation
or
false
statement or
that
all
relevant facts
were not disclosed; or
b.
upon
finding
that
any
standard
or
special
conditions
have
been violated; or
c.
upon
any
violation
of
the
Environmental
Protection
Act
or
any
Rules
or
Regulation
effective
thereunder
as
a
result
of
the
construction
or
development
authorized
by
this permit.
