iN THE MATTER OF:
)
)
PROPOSED AMENDMENTS TO:
)
PART 309 SUBPART A
-
)
35
Iii. Adm. Code 309.105, 309.7, 309.8,
)
309.117, 309.119, 309.143, 309.147; and
)
PROPOSED
35
Ill. Adm. Code 120 through
)
122 -NPDES PERMITS AND PERMITTiNG)
PROCEDURES
)
NOTICE OF FILING
RECEIVE J~
CLERK’S QFF!CE
APR 302003
STATE OF ILLINOIS
Pollution Control Board
TO:
Dorothy Gunn, Clerk
Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Mathew Dunn
Illinois Attorney General’s Office
Environmental Control Division
James R. Thompson Center
100 West Randolph Street
Chicago, IL 60601
Toby Frevert
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, IL 62702
See Attached Service List
Marie E. Tipsord
Illinois Environmental Protection Agency
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL 60601
Legal Service
Illinois Department ofNatural Resources
524 South Second Street
Springfield, IL 62701
PLEASE TAKE NOTICE
today that I have filed with the Clerk ofthe Illinois Pollution
Control Board
Motion to File Response and Reply Instanter, a
copy ofwhich is herewith
served, upon you.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
R03-19
Respectfully submitted,
Dated: April 29, 2003
Roy M. Harsch
Sheila H. Deely (ARDC No. 6236949)
Gardner Carton & Douglas, LLC
191 N. Wacker Drive
-
Suite 3700
Chicago, IL 60606-1698
Telephone: (312)569-1000
THIS FILING IS SUBMITTED ON RECYCLED PAPER
H
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ifi THE MATTER
OF:
)
)
PROPOSED AMENDMENTS TO:
)
R03-19
PART 309 SUBPART A
-
)
35111. Adm. Code 309.105, 309.7, 309.8,
)
309.117, 309.119, 309.143, 309.147; and
)
PROPOSED 35 Ill. Adm. Code 120 through
)
122 -NPDES PERMITS AND PERMITTiNG)
PROCEDURES
)
MOTION TO FILE RESPONSE
AND
REPLY INSTANTER
The Illinois Association ofWastewater Agencies (IAWA), by its attorneys Gardner
Carton & Douglas, moves to file instanter: 1) its response in support ofIERG’s motion for a
third hearing, and 2) its reply in opposition to the Environmental Law & Policy Center, Prairie
Rivers Network and Sierra Club’s response to IERG’s motion. In support thereof, IAWA states
as follows:
1.
The Illinois EPA has agreed to re-write the proposal that is the subject ofthis
proceeding, and IAWA has been waiting for the filing ofthe revised proposal. As explained on
the record in the second hearing, a series of stakeholder meetings has taken place regarding the
proposed revisions. IAWA has participated in those meetings. It is IAWA’s understanding that
Illinois EPA has now in fact filed its alternate proposal today, April 29, 2003.
2.
Jim Daugherty, IAWA subcommittee chairperson overseeing this proceeding on
behalfof IAWA has been out oftown until this week, and counsel for IAWA was unable to
confer with Mr. Daugherty until today.
WHEREFORE, IAWA moves the Board to accept instanter IAWA’s response in support
of IERG’s motion for a third hearing and its reply in opposition to the Environmental Law &
Policy Center, Prairie Rivers Network and Sierra Club’s response to IERG’s motion.
Respectfully submitted,
One of Att
eys for Illinois Association of
Wastewater Agencies
Roy M. Harsch
Sheila H. Deely
Gardner Carton & Douglas LLC
191 N. Wacker Drive
—
Suite 3700
Chicago, IL 60606-1698
Telephone: (312) 569-1000
CHO2/22242204. I
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
iN THE MATTER OF:
)
)
PROPOSED AMENDMENTS TO:
)
R03-19
PART 309 SUBPART A
-
)
35 Ill. Adm. Code 309.105, 309.7, 309.8,
)
309.117, 309.119, 309.143, 309.147; and
)
PROPOSED 35 Ill. Adm. Code 120 through
)
122 -NPDES PERMITS AND PERMITTiNG)
PROCEDURES
)
RESPONSE IN
SUPPORT OF IERG’S MOTION FOR THIRD HEARING
AND
REPLY IN OPPOSITION TO RESPONSE
OF ENVIRONMENTAL LAW & POLICY CENTER
et a!.
The Illinois Association ofWastewater Agencies (IAWA) supports the motion brought
by the Illinois Environmental Regulatory Group (IERG) for a third hearing in this proceeding.
The reasons asserted by the Environmental Law & Policy Center, Prairie Rivers Network and
Sierra Club in opposition to IERG’s motion are entirely inadequate and consist ofnothing but
unsubstantiated hyperbole.
First, the parties opposing IERG’s motion have not presented any basis forthe
inadequacy ofthe current NPDES public participation scheme other than the fact that they lost a
permit appeal case.
Second, the regulations under consideration in this proceeding govern public comment
and participation. It is inconceivable that the parties opposing the request for a third hearing
would advocate cutting offthe opportunity for comment on the very regulations that will govern
public involvement in the NPDES permitting process.
Third, the parties involved in this proceeding have expended considerable time, money,
and effort in responding to the proposed amendments, including the Illinois EPA re-write ofthe
pioposal. Given the resources expended and the alternate proposal submitted by the Illinois EPA
today, April 29, 2003, a third hearing is warranted for all parties to have the opportunity to
question the Illinois EPA concerning the alternative proposal.
Finally, the parties opposing the motion for a third hearing have presented no emergency
basis for denying a third hearing. The regulations at issue are procedural rules, and the parties
opposing the motion have been able to more than adequately participate in the NPDES
permitting process under the current regulations. Further deliberation on the proposed
amendments will in no way interfere with the opportunity for continued public participation
under the existing NPDES regulations.
WHEREFORE, IAWA requests that the Board grant IERG’s motion for a third hearing.
Respectfully submitted,
One
~h~r&~L~
ofA orneys for Illinois A
~
sociation of
Wastewater Agencies
Roy M. Harsch
Sheila H. Deely
Gardner Carton & Douglas LLC
191 N. Wacker Drive
—
Suite 3700
Chicago, IL 60606-1698
Telephone: (312) 569-1000
CHO2/222422 12.1
CERTIFICATE OF SERVICE
The undersigned certifies that a copy ofthe foregoing Notice
of Filing Motion to File
Response and Reply Instanter
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 60606 on Tuesday,
April 29, 2003.
CHO2/22242232. I
R03-19 Service List
Amendments to Part 309 Subpart A
W.C. Blanton
Blackwell Sanders Peper Martin, LLP
2300 Main
Suite 1000
Kansas City, MO 64108
James Daugherty
Thorn Creek Basin Sanitary District
700 West End Avenue
Chicago Heights, IL 60417
Albert Ettinger
Environmental Law & Policy Center
35 E. Wacker Drive
-
Suite 1300
Chicago, IL 60601
Lisa M. Frede
Chemical Industry Council
250 East Devon Ave., Suite 239
Des Plaines, Illinois 60018
James T. Harrington
Ross & Hardies
150 North Michigan Avenue
Suite 2500
Chicago, IL 60601
Katherine Hodge
Hodge Dwyer Zeman
3150 Roland Avenue
Springfield, IL 62705
Vicky McKinley
Evanston Environment Board
223 Grey Avenue
Evanston, Illinois 60202
Larry Cox
Downers Grove Sanitary District
2710 Curtiss Street
Downers Grove, IL
60515
John Donahue
City ofGeneva
1800 South Street
Geneva, Illinois 60134
Susan M. Franzetti
Sonnenschein Nath & Rosenthal
8000 Sears Tower
Chicago, Illinois 60606
Dorothy Gunn, Clerk
Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
Ron Hill
Metropolitan Water Reclamation District
100 East Erie
Chicago, Illinois 60611
Fred L. Hubbard
415 North Gilbert Street
P0 Box 12
Danville, Illinois 61834-0012
Robert A. Messina
Illinois Environmental Regulatory Group
215 East Adams Street
Springfield, IL 62701
R03-19 Service List
Amendments to Part 309 Subpart A
liwin Polls
IMetropolitan Water Reclamation District Of
Greater Chicago
R&D Laboratory
6001 West Pershing Rd.
Cicero, IL 60804
Michael G. Rosenberg
Metropolitan Water Reclamation District
100 East Erie Street
Chicago, Illinois 60611
Mary G. Sullivan
Illinois-American Water Company
300 North Water Works Drive
P0 Box 24040
Belleville, Illinois 62223-9040
Joel Sternstein
Assistant Attorney General
Environmental Bureau North
188 W. Randolph Street, 20th Floor
Chicago, Illinois 60601
Charles Welsselhofl
Ross & Hardies
150 north Michigan
Chicago, Illinois 60601
Erika K. Powers
Barnes & Thornburg
10 South LaSalle, Suite 2600
Chicago, Illinois 60201
Sue A. Schulz
General & Associate Corporate Counsel
Illinois-American Water Company
300 N. Water Works Dr., P0 Box 24040
Belleville, Illinois 62223-9040
Sanjay Sofat
Connie Tonsor
Illinois Environmental Protection Agency
1021 N. Grand Ave., East
Springfield, Illinois 62794-9276
Marie Tipsord
Attorney
Pollution Control Board
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
CH02122236971 .1