THIS FILING PRINTED ON RECYCLED PAPER
ILLINOIS POLLUTION CONTROL BOARD
VILLAGE OF LAKE BARRINGTON, )
CUBA TOWNSHIP, PRAIRIE RIVERS )
NETWORK, SIERRA CLUB, BETH )
WENTZEL and CYNTHIA SKRUKRUD, )
)
Petitioners, )
)
v. ) PCB 05-55
) (Third-Party NPDES Permit Appeal
ILLINOIS ENVIRONMENTAL ) Water)
PROTECTION AGENCY and )
VILLAGE OF WAUCONDA, )
)
Respondents. )
__________________________________ )
)
SLOCUM DRAINAGE DISTRICT OF )
LAKE COUNTY, ILLINOIS )
)
Petitioner, )
)
v. ) PCB 05-58
) (Third-Party NPDES Permit Appeal
ILLINOIS ENVIRONMENTAL ) Water)
PROTECTION AGENCY and )
VILLAGE OF WAUCONDA, )
)
Respondents. )
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 7, 2005
THIS FILING PRINTED ON RECYCLED PAPER
AL PHILLIPS, VERN MEYER, GAYLE )
DEMARCO, GABRIELLE MEYER, LISA )
O’DELL, JOAN LESLIE, MICHAEL )
DAVEY, NANCY DOBNER, MIKE )
POLITO, WILLIAMS PARK )
IMPROVEMENT ASSOCIATION, )
MAT SCHLUETER, MYLITH PARK LOT )
OWNERS ASSOCIATION, DONALD )
KREBS, DON BERKSHIRE, JUDY )
BRUMME, TWIN POND HOMEOWNERS)
ASSOCIATION, JULIA TUDOR and )
CHRISTINE DEVINEY. )
)
Petitioners, )
) PCB 05-59
v. ) (Third-Party NPDES Permit Appeal
) Water)
ILLINOIS ENVIRONMENTAL )
PROTECTION AGENCY and )
VILLAGE OF WAUCONDA, )
)
Respondent. )
NOTICE OF FILING
Dorothy Gunn, Clerk Bradley P. Halloran
Illinois Pollution Control Board
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500 James R. Thompson Center, Suite 11-500
100 West Randolph Street
100 West Randolph Street
Chicago, Illinois 60601 Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have this 7
th
day of March, 2005 electronically filed
with the Office of the Clerk of the Pollution Control Board the RESIDENT GROUP REPLY, a
copy of which is herewith served upon you.
______________________
Jay J. Glenn
Attorney for Resident Group
Jay J. Glenn, Attorney at Law
2275 Half Day Road, Suite 350
Bannockburn, Illinois 60015
(847) 526-9202
(847) 526-9207 Fax
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 7, 2005
THIS FILING PRINTED ON RECYCLED PAPER
STATE OF ILLINOIS )
) ss.
COUNTY OF LAKE )
Jay J. Glenn, an attorney, hereby certifies that a copy of the foregoing Notice of
Filing, Certificate of Service and RESIDENCE GROUP REPLY, were
served on the persons listed below by electronic transfer on March 7, 2005 and were
further served on the persons listed below by overnight mail on March 7, 2005.
Percy L. Angelo
Attorney at Law
Mayer, Brown, Rowe & Maw, L.L.P.
190 S. LaSalle Street
Chicago, Illinois 60603
William D. Seith
Attorney at Law
Total Environmental Solutions, P.C.
631 E. Butterfield Road, Suite 314
Lombard, Illinois 60148
Albert Ettinger
Environmental Law and Policy Center
35 East Wacker Drive, Suite 1300
Chicago, Illinois 60601
Sanjay K. Sofat, Asst. Counsel
James Allen Day
Illinois Environmental Protection Agency
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 7, 2005
THIS FILING PRINTED ON RECYCLED PAPER
ILLINOIS POLLUTION CONTROL BOARD
VILLAGE OF LAKE BARRINGTON, )
CUBA TOWNSHIP, PRAIRIE RIVERS )
NETWORK, SIERRA CLUB, BETH )
WENTZEL and CYNTHIA SKRUKRUD, )
)
Petitioners, )
)
v. ) PCB 05-55
) (Third-Party NPDES Permit Appeal
ILLINOIS ENVIRONMENTAL ) Water)
PROTECTION AGENCY and )
VILLAGE OF WAUCONDA, )
)
Respondents. )
__________________________________ )
)
SLOCUM DRAINAGE DISTRICT OF )
LAKE COUNTY, ILLINOIS )
)
Petitioner, )
)
v. ) PCB 05-58
) (Third-Party NPDES Permit Appeal
ILLINOIS ENVIRONMENTAL ) Water)
PROTECTION AGENCY and )
VILLAGE OF WAUCONDA, )
)
Respondents. )
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 7, 2005
THIS FILING PRINTED ON RECYCLED PAPER
AL PHILLIPS, VERN MEYER, GAYLE )
DEMARCO, GABRIELLE MEYER, LISA )
O’DELL, JOAN LESLIE, MICHAEL )
DAVEY, NANCY DOBNER, MIKE )
POLITO, WILLIAMS PARK )
IMPROVEMENT ASSOCIATION, )
MAT SCHLUETER, MYLITH PARK LOT )
OWNERS ASSOCIATION, DONALD )
KREBS, DON BERKSHIRE, JUDY )
BRUMME, TWIN POND HOMEOWNERS)
ASSOCIATION, JULIA TUDOR and )
CHRISTINE DEVINEY. )
)
Petitioners, )
) PCB 05-59
vi. ) (Third-Party NPDES Permit Appeal
) Water)
ILLINOIS ENVIRONMENTAL )
PROTECTION AGENCY and )
VILLAGE OF WAUCONDA, )
)
Respondent. )
RESIDENT GROUP REPLY
The Village of Wauconda has spread of record its conclusions on the long term
effects of it effluent discharges, in their October 2003 PRELIMINARY DESIGN
REPORT SUPPLEMENT
1
Alternative Treatment Methods were considered and
discussed in 1997 and 2001 Facilities Plan updates.
Discharges directly or indirectly to area impoundments
such as Bangs Lake, Tower Lakes, Island Lake, etc.,
were rejected due to the long term effects on water
quality.
The Resident Group are the downstream property owners, it is their children who
play in the Wauconda wastestream, it is their private wells which are at risk. The Lake
1
IPCB Doc. No.: #000862 and #002061
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 7, 2005
THIS FILING PRINTED ON RECYCLED PAPER
County Forest Preserve owns a Forest Preserve and this wastestream forms its Northern
Boundary. In this Record, the Attorney General and the Director have both advised that
the Fiddle Creek Wetlands are frequented by children, Residents have testified that the
children play in this wetland. The Director has further advised that some private wells
have been contaminated by fecal coliform. No one has done sediment cuts in the
wetlands at the outfall to determine if the sediment is already contaminated.
The Resident Group has documented that on 09-10-04 the WWTP,
Wauconda wastestream, in the outfall pipe, was discharging: Bromodichlormethane,
Chloroform, Dichloromethane and Methyl-tert butyl ether above MCL limits
2
.
The Agency has to address the November 28, 1975 benchmark mandated under
the CWA.
Neither the Agency nor the Village of Wauconda has entered into this record any
evidence “
that allowing lower water quality is necessary to accommodate important
economic or social development in the area in which the water are located.”
This Record is crystal clear, and fully supports the Denial of this NPDES Permit.
Respectfully Submitted,
_____________________________
Jay J. Glenn
Jay J. Glenn
Attorney at Law
2275 Half Day Road
Suite 350
Bannockburn, Illinois 60015
(847) 526-9202
2
Resident Group 3
rd
Party Appeal at Exhibit I
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 7, 2005