RECE~VEL~
CLER~c’SOFFICE
MLIR
2
62003
STATE OF ILLINOIS
STATE OF ILLINOIS
ILLINOIS POLLUTION CONTROL BOARD
Pollution
Control
Board
D~
~
IntheMatterof:
)
Proposed Amendments to:
)
Public Participation Rules in
35
Iii.
)
No. 03-019
Admin.
Code Part 309 NPDES
)
(NPDES Rulemaking)
Permits and Permitting Procedures
)
NOTICE OF FILING
PLEASE TAKE NOTICE that on this
25th
dayofMarch, 2003,1 filed with Ms. Dorothy
M. Gunn, Clerk ofthe Illinois Pollution Control Board,
James R. Thompson Center,
100 West
Randolph Street, Suite#11-500, Chicago, IL 60601, an original and nine copies ofmy Comments
On Proposed Revisions And Adoptions, which document was filedby overnight mail.
ILLINOIS-AMERICAN WATER COMPANY
By:
~/)
~
Mary G. Sullivan
Sue A.
Schultz, General Counsel
Mary G. Sullivan, Associate Corporate Counsel
ILLINOIS-AMERICAN WATER COMPANY
300 North Water Works Drive
P. O.Box24040
Belleville, Illinois 62223-9040
(618) 236-1180
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Notice of
Filiug.doc
CLERK ‘S OFFICE
STATE OF ILLINOIS
MAR
26
2003
ILLINOIS POLLUTION CONTROLBOARD
STATE OF ILLINOIS
Pollution
Control
Board
Inthe Matter of:
)
Proposed Amendments to:
)
Public Participation Rules in 35
111.
)
No. 03 -019
Admin. Code Part 309 NPDES
)
(NPDES Rulemaking)
Permits and Permitting Procedures
)
COMMENTS ON
PROPOSED REVISIONS AND ADOPTIONS
Illinois-American Water Company (“illinois-American”), submits the following
comments
concerning the proposed amendments to 35 Ill. Adm. Code Part 309 Subpart A,
NPDES Permits and Permitting Procedures.
Illinois-American is
a public utilitywithin the meaning ofthe Act ofthe General
Assembly ofthe State ofIllinois entitled “An Act ConcerningPublic Utilities”, approved June
29,
1916 and enforced July
1,
1921, as amended, and is now engaged in the business of
furnishing potable water service and wastewater service to the public ofthe State ofIllinois.
The current procedures established by the Pollution Control Board have been approved
by the United States Environmental Protection Agency.
Generally, the proposed administrative
changes to the permit process are acceptable.
However, some clarification to the amendments is
needed.
The sections that need revisions or clarification are 309.105(f) and (g), 309.109,
309.110(f)(3), 309.113(a)(10)(A), 309.120,
309.121
and 309.122.
The conditions set forth in Section 309.105(f) and
(g) are more fully addressed in other
sections oftheregulations.
It is not necessary to include these in this section.
Illinois-American
recommends that paragraphs (f) and (g) be eliminated from the proposed regulations.
In Section 309.109, the proposed additional language of”re-notice ofsubstantially
changed draft permit” is not clearlydefined.
When “re-notice is required” and “what is a
S~\Data\Legti~Word
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nileniakiog
comments.doc
substantial
change” needs to
be more clearly described.
Without the clarification, it is likely to
result in hearings and evidence on definition and applicability.
This will result in delaying the
proceedings.
The language in Section 309.1 10(f)(3) is vague and ambiguous.
The regulations need to
establish clearly the procedures for public participation.
Several provisions ofthe regulations
address the timing and procedures forpublic participation.
As
written, parties will be uncertain
whether theyhave complied with this provision.
The proposed changes to Sections 309.113(a)(10)(A), 309.120 and 309.121
create
uncertainty.
The proposed changes eliminate the 30 day period for public comment and adds
that more than 30
days maybe needed ormore than 60 days needed in reopening matters.
These
open-ended time periods for comments are unwarranted.
Interested parties should have an
opportunity to commentbut there needs to be a definite end time.
At some point, the record is
the record and the process needs to proceed to conclusion.
The rules provide that the commenter
mayrequest additional time.
How much time may be requested?
What
is a reasonable extension
oftime?
These issues will become contested matters in each hearing.
A clearly defined
comment period will eliminate future disputes as to what is necessary and reasonable without
unduly delaying the proceeding.
Illinois-American suggests the following comment periods
should apply.
The initial
public
comment period couldbe extended to 60 days.
Ifthe record must be reopened, the
extended comment period should be for 30 days.
These periods give interested parties time to
comment but eliminate the open-ended time period.
2
Section 309.122 requires the record be reopenedif a draft permit is
substantiallymodified
or if new questions are raised during the comment period.
These terms are not defined.
There is
no limit to the number oftimes the record could be reopened.
The currentprocedures provide
for an appeal process.
The appeal process is designed to
address the issues which are subject to
the new section.
This new section is not necessary and should be eliminated from the proposed
amendments.
WHEREFORE, Illinois-American Water Company respectfully requests the Pollution
ControlBoard include the suggested modifications in the proposed amendments
to Part 309
Subpart A.
ILLINOIS-AMERICAN WATER COMPANY
By:____
Mark
.
J
hnson
Vice President
-
Engineering
March
25,
2003
Sue A.
Schultz, General Counsel
MaryG. Sullivan, Associate Corporate Counsel
ILLINOIS-AMERICAN WATER COMPANY
300 North Water Works Drive
P. 0. Box 24040
Belleville, Illinois
62223-9040
(618)236-1180
3
CERTIFICATE OF SERVICE
I,
Mary G. Sullivan, do hereby certif~~
that copies ofthe Comments on Proposed
Revisions and Adoptions have been served upon the individuals shown on the attached Service
List, by mailing a true copy ofthe same to each of the individuals this 25th day ofMarch,
2003.
~/1
~
“~ Mary G. Sullivan
Sue A.
Schultz, General Counsel
Mary G. Sullivan, Associate Corporate Counsel
ILLINOIS-AMERICAN WATER COMPANY
300 North Water Works Drive
P. 0. Box 24040
Belleville, Illinois 62223-9040
(618) 236-1180
S:\Datn\Legal\Woed
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Coot.
of
Servicedoc
SERVICE LIST
ILLINOIS POLLUTION CONTROL BOARD
R03-19 (NPDES Rulemaking)
W.C. Blanton
Blackwell Sanders Peper Martin, LLP
2300
Main,
Suite
1000
Kansas City,
MO 64108
Larry Cox
Downers
Grove Sanitary District
2710 Curtiss Street
Downers
Grove, Illinois
60515
JohnDonahue
City of Geneva
1800 South Street
Geneva,
Illinois
60134
Albert Ettinger
Environmental Law & Policy Center
35
E. Wacker Drive,
Suite 1300
Chicago, Illinois 60601-2110
SusanM. Franzetti
Sonnenschein Nath & Rosenthal
8000 Sears Tower
Chicago, Illinois
60606
Lisa M. Frede
Chemical Industry Council
9801 W. Higgens Rd,
Suite
515
Rosemont,
Illinois
60018
Dorothy Gunn, Clerk
Pollution Control Board
100 West Randolph, Suite
11-500
Chicago, Illinois 60601
James T. Harrington
Ross & Hardies
150 North Michigan, Suite 2500
Chicago, Illinois
60601
Roy M. Harsch
Gardner,
Carton & Douglas
Quaker Tower, 321 North Clark
Chicago, Illinois
60610-4795
Ron Hill
Metropolitan Water Reclamation District
100 East Erie
Chicago, Illinois
60611
Katherine
Hodge
Hodge Dwyer Zeman
3150 Roland Avenue, P0 Box
5776
Springfield, Illinois
62705-5776
Fred L. Hubbard
Attorney At Law
415
North Gilbert Street, P0 Box 12
Danville, Illinois
61834-0012
Vicky McKinley
Evanston Environment Board
223
GreyAvenue
Evanston, Illinois 60202
Robert A. Messina
Illinois
Environmental
Regulatory Group
215
East
Adams Street
Springfield, Illinois
62701
IrwinPolls
Metropolitan Water Reclamation District
6001
West
Cicero,
Illinois
60804
Sanjay
Sofat/Comiie
Tonsor
Illinois Environmental Protection Agency
1021
North GrandAve.
East
Springfield, Illinois 62794-9276
Joel Sternstein, Assistant Attorney General
Environmental Bureau North
188 West RandolphStreet, 20thFloor
Chicago, Illinois
60601
Marie Tipsord, Attorney
Pollution Control Board
100 West Randolph,
Suite 11-500
Chicago, Illinois
60601