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CONTROL BOARD
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3, 2003
MI~R
5
2003
-
S~1EOF
IWNOJS
iN THE MATTER OF:
)
pollution
control
Board
)
SITE SPECIFIC RULE FOR CITY OF
)
R03-1
1
EFFINGHAM TREATMENT PLANT
)
(Site-Specific
FLUORIDE DISCHARGE,
35
ILL. ADM.
)
Rulemaking
—
Water)
CODE 304.233
)
NOTICE OF HEARING
DATE, TIME, AND PLACE:
APRIL
11, 2003
10:00
a.m.
CITY OF EFFINGHAM
CITY HALL COUNCIL CHAMBERS
201
EAST JEFFERSON
EFF1NGHAM,
ILL1NOIS
62401
PURPOSE OF HEARING:
Merit and Economic
ATTENDiNG BOARD MEMBERS:
Thomas
E. Johnson
HEARING OFFICER:
John Knittle
HEARING OFFICER
ORDER
Background
On October 22, 2002, the City ofEffingham
(City), Blue Beacon International, Inc. (BBI)
and Truckomat Corporation (Truckomat) (referred to collectively as “petitioners”) filed a
proposal for
rulemaking under Section 27 ofthe Environmental Protection Act (Act) (415 ILCS
5/27
(2002)), to change regulations governing fluoride found in the Board’s rules at 35 Ill.
Adm.
Code 302.208(g).
BBI and Truckomat operate truck washes in Effingham, Effingham County.
The
wastewater from the truckwashes contains fluoride resulting from the brighteners used in
washing the trucks.
Petitioners state that there are no alternative replacements for these
brighteners, and discontinuing their use would cause a severe negative economic impact.
In coniphance with the
Americans with
I)isabilities
Act
and other applicable Ibderal
and State laws. the hearing will be accessible to individuals with
disabilities.
I’ersons requiring auxiliary aids and services should contact l)orothv (3unn. Clerkofthe lloarcl. at
100 West Randolph St., Suite
I 1-500.
Chicago. illinois
60601.
at telephone number 312/814-6931, fax number 312/814-3669. or TDD number 312/814-6032,
five days prior to the
hearing.
2
Petitioners further state that the site-specific fluoride level proposed will be protective of aquatic
life, human health, and the environment as a whole.
The wastewater discharges into an unnamed tributary of Salt Creek, which flows into the
Little Wabash River, 37 miles
upstream from the City ofFlora.
The City’s current daily fluoride
effluent limit is
1.4 mgIl, the same as the
1.4 mgll water quality standard.
The City seeks an
effluent limit of4.5 mgIl subject to the averaging rule of35 Ill.
Adm. Code
304.104.
On November 7, 2002, the Board opened a new regulatory docket for this matter, and
directed that a hearing be scheduled on the proposal.
This order today schedules a hearing for
April
11,2003.
Hearing
Persons wishing to testify at the hearing shall prefile the testimony with the Board and
serve the testimony on the hearing officer and all persons on the service list no
later than
March 21, 2003.
Persons may receive a copy ofthe service list by contacting the hearing officer
or Nancy Miller at (217) 278-3109.
The parties are directed to participate in a final pre-hearing telephone status conference
on Friday, March 21, 2003 at
10:00 a.m.
The petitioner shall initiate the call.
At that time, the
parties must be prepared to disclose witnesses forthe hearing, and address any final pre-hearing
issues.
IT IS
SO ORDERED.
‘Hearing Officer
Illinois Pollution Control Board
1717 Philo Road, Suite 25
Urbana, Illinois 61802
(217) 278-3111
CERTIFICATION
OF SERVICE
It is hereby certified that a true copy ofthe foregoing order was mailed, first class,
to
each ofthe following on March 3, 2003:
David M. Walter
N. LaDonna Driver
Hodge, Dwyer & Zeman
3150
RolandAvenue
Post Office Box 5776
Springfield, Illinois 62705-5776
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St.,
Suite.
11-500
Chicago, Illinois 60601
Deborah J. Williams
IEPA, Division of Legal Counsel
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois
62794-9276
Matthew R. Hortenstine
122
E. Washington
P.O.
Box 668
Effingham, Illinois
62401
Knittle
(
Hearing Officer
Illinois Pollution Control Board
March 6, 2003
sIpmNcF.IELE) OFFICE
The Effingham Daily News
600 South
Second
Stied
Legal Notice Department
Suite 102
201
North Banker
Spriugileld. IL
62704
P
Box
370
217-524-8500
.
FAX 217-524-8508
Effingham, Illinois 62401
Re:
R03—1l, Site Specific Rule for City of Effingham Treatment Plant Fluoride
Discharge,
35
Ill.
Adm. Code 304.233
Please publish the notice as it appears one day only no later than
March 11, 2003.
Please publish legal style.
Do not enlarge.
CEICAGO OFFICE
Please provide detail billing costs on your payment invoice
statement including
the “FE1N”
(Federal Employer Identification Number).
Return your billing
~
statement along with the Certification of Publication” attached to the copy of the
Suite
11-300
legal notice.
Chicaeo, IL 60601
312-814-3620
FAX
312-814-3669
Very truly yours,
TYY
31 ~-811-6032
Don Anthony Brown
Paralegal Assistant
4
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ILLINOIS
POLLUTION
CONTROL
BOARD
ILLINOIS POLLUTION CONTROL BOARD
NOTICE OF HEARING
Public Notice is hereby given that the Pollution Control Board will hold a public hearing
on April
11, 2003 at
10:00 a.m. at the City ofEffingham, 2OlEast Jefferson, City Hall Council
Chambers, Effingham, Illinois regarding R03-11, Site Specific Rule for City ofEffingham
Treatment Plant Fluoride Discharge, 35
Ill. Adm. Code
304.233.
Thomas Johnson
Chairman
Certificate Of Publication
STATE OF ILLINOIS, EFF1NGHAM COUNTY, SS.
March
12,
2003
Effingham, Illinois
I,
Stephen R. Raymond
do
certify that
I am
the authorized
agent
and
the publisher
of
the
Effingham Daily
News,
a
secular
newspaper of general circulation
published
daily,
except
Sunday
and
legal holidays
in Effingham County, City
of Effingham
and
the
State
of
Illinois
and
that
I
am authorized
to make
this
certificate for the said Newspaper that the notice or advertisement
of
Notice
of
Hearing
ILLINOIS POLLUTION
CONTROL BOARD
relating
to the matter of
NOTI~E
OF
HEARING
Publlcl’JOticeisherebygiven
Illinois
Pollution
Control
Board
that
the
Pollution
Control,
Board
will
hold a public hearing
on April
11
2003
at
10 00
a m
A
true
copy
of which
is
hereto
annexed
has
been
printed
and
at
the
City ‘of Effingham,
201
published
in
the said
Effingham Daily News
as
follows:
East
Jefferson,
City
Hall.
Council
Chambers,
Effingham,
Illinois
regarding R03~11,Site
Specific
Rule
for
City
of
Effingham
Treatment Plant
the
first on the
10th
day of
March,
2003
Fluoride
Discharge,
35
Ill.
Adm. Code 304.233.
‘.
‘
the
second on the
day
of
Thomas Johnson’
Chairman
the
third on the
day of
Legal #1078
3/10/03
and
that
the said
newspaper
was
regularly published
for a
period
of
one
year
prior to
the
date
ofthe
first publication of
this
notice.
I
Further
certify that
the
face
of the
type
in
which
each
publication
ofthe
said notice
was
made
the
same as
the
body
type
and
the
classified advertising
in the
issue
of
the
said
newspaper in
which such publication was
made.
I
Further
certify
that said
newspaper is a newspaper as
defined
in
‘An Act
to
revise
the
law
in
relation
to
notices’
as
am,mended
by
Act approved
July
17,
1959.—Ill.
Revised Statues,
Chap.
100,
Para.
1-10.
Effingham Daily News
as agent of
the
Effingham Daily
News
