AECE~V~D
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~JI~~N
5 2004
~
CONTROL
~- ~
~AR1
DES PLAINES RIVER WATERSHED ALLIANCE
)
LIVABLE COMMUNTTIES ALLIANCE
)
PRAIRIE RIVERS NETWORK, and SIEERA CLUB,
)
)
Petitioner,
)
)
V.
)
PCB04-88
)
(NPDES Permit Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY and VILLAGE OF NEW LENOX,
)
)
Respondent.
)
NOTICE OF FILING
Dorothy Gunn, Clerk
Albert F. Ettinger
Illinois Pollution Control Board
Senior Staff Attorney
James R. Thompson Center
Environmental Law & Policy Center
Suite 11-500
35
East Wacker Drive, Suite 1300
100 West Randolph Street
Chicago, IL 60601
Chicago, IL 60601
Village ofNew Lenox
701 West Haven Ave.
New Lenox, Illinois
60451
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk ofthe Pollution
Control Board an original and four (4) copies the APPERANCE of the Illinois Environmental
Protection Agency, a copy ofwhich is herewith served upon you.
PRQ~ECTIONAGENCY
Sanjay K. Sofat
Assistant Counsel
Division ofLegal Counsel
Dated: December 30, 2003
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(217)
782-5544
THIS FILING PRINTED ON RECYCLED PAPER
1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DES PLAINES RIVER WATERSHED ALLIANCE
)
LIVABLE COMMUNITIES ALLIANCE
)
PRAIRIE RIVERS NETWORK, and SIEERA CLUB,
)
)
Petitioner,
)
)
v.
)
PCB04-88
)
(NPDES Permit Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY and VILLAGE OF NEW LENOX,
)
)
Respondent.
)
APPEARANCE
The undersigned, as one of its attorneys, hereby enters his APPERANCE on behalf of
Respondent, Illinois Environmental Protection Agency.
ILLINOIS ENVIRONMENTALPROTECTION AGENCY
By:
.~
.~..
...
SanjayK. Sofat
Assistant Counsel
Division ofLegal Counsel
DATED: December 30, 2003
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, illinois 62794-9276
(217) 782-5544
THIS FILING PRINTED ON RECYCLED PAPER
2
AFFIDAVIT OF SERVICE
The undersigned, an attorney, states that he caused a copy of the attached APPEARANCE
to be served upon the following by U.S. Mail:
Dorothy Gunn, Clerk
Pbllution Control Board
100 West Randolph Street
Suite 11-500
Chicago, IlL 60601
SUBSCRIB~DAND SWORN BEFORE ME
THIS
~
DAY OF DECEMBER 2003.
Albert F. Ettinger
Senior Staff Attorney
Environmental Law & Policy Center
35 East Wacker Drive, Suite 1300
Chicago, IL 60601-2208
Village ofNew Lenox
701 West Haven Ave.
New Lenox, Illinois 60451
SanjayK. Sofat
OFFICIAL SEAL
BRENDA BOEHNER
::: NOTARY PUBLIC. STATE OF ILLINOIS ~
?MY COMMISSION EXPIRES u.~4-2OO5~:
:
:4
THIS FILING PRINTED ON RECYCLED PAPER
3
AECE~VED
‘JAw
52004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~
~
UI-
IWt~Mb
POWJ11ON CONTROL ~OARU
DES PLAINES RIVERWATERSHED
)
ALLIANCE, LIVABLE COMMUNITIES
)
ALLIANCE,
PRAIRIE RIVERS
)
NETWORK, and SIERRA CLUB,
)
)
Petitioners,
)
PCB 04-88
)
(APPEAL FROM IEPA
v.
)
DECISION GRANTING
)
NPDES PERMIT)
ILLINOIS ENVIRONMENTAL PROTECTION)
AGENCY and VILLAGE OF NEW LENOX
)
)
Respondents.
)
RECORD
Respondent, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (“Illinois
EPA”), in accordance with the procedural rules of the Illinois Pollution Control Board (“Illinois
PCB”) as set forth in 35 Ill. Adm. Code 105.212 and 105.116, files as its Record in this cause the
Illinois EPA’s record ofthe Village ofNew Lenox’s (“New Lenox”) National Pollutant Discharge
Elimination System (“NPDES”) permit public hearing and the Illinois EPA’s record ofNPDES
Permit No. 1L0020559, as issued to New Lenox on October 31, 2003, which is attached and
-
consists of the following documents:
Hearing file documents
1.
Public notice/fact sheet/draft renewal permit, for public notice period January
5,
2003
through February 4, 2003. (pp.
1-15)
2.
Letter dated January 19, 2003, from James K. Bland, Director, Integrated Lakes
Management, requesting public hearing. (pp. 16-18)
3.
Letter dated January 20, 2003, from Marcia De Vivo, Chairman, Long Run Creek
Watershed Planning Committee, requesting public hearing. (pp. 19-20)
4.
Letter dated January 20, 2003, from Gary Mechanic, Des Plaines River Watershed
Alliance, requesting public hearing.
(p.
21)
5.
Letter dated January 24, 2003, from Albert Ettinger, Sierra Club, Illinois Chapter,
requestingpublic hearing. (pp. 22-23)
6.
Letter dated February 4, 2003, from M. Beth Wentzel, Prairie Rivers Network, requesting
public hearing. (pp. 24-25)
7.
Memorandum dated February 21, 2003, from Toby Frevert, Illinois EPA, Bureau of
Water (“BOW”), to Connie Tonsor, Illinois EPA, Division of Legal Counsel/BOW,
requesting public hearing. (pp. 26-27)
8.
E-mail communications between Illinois EPA staff, February 21, 2003 through March
5,
2003, concerning public notice and hearing arrangements. (pp. 28-40)
9.
Memorandum dated March 6, 2003, from Bill Hammel, Illinois EPA, Office of
Community Relations, to Deborah Williams, Hearing Officer, with mailing list ofpublic
notice recipients. (pp. 41-45)
10.
E-mails between Illinois EPA staff and hearing officer, March 13, April 9, and April 16,
2003, concerning hearing arrangements. (pp. 46-49)
11.
Hearing officer note.
(p.
50)
12.
Notice ofpublic hearing, printed off Illinois EPA web,site, April 23, 2003. (pp. 5
1-52)
13.
Registration and mailing list cards, April 24, 2003. (pp.
53-55)
14.
List ofhearing exhibits No. 1 and 2 submitted at hearing April 24, 2003, w/o attachment.
(p.56)
15.
Hearing officer notes, April 24, 2003. (pp.
57-60)
16.
Transcript ofhearing conducted April 24, 2003. (pp. 61-104)
17.
Hearing exhibit list with attached exhibits. (pp. 105-308)
18.
Memorandum dated April 29, 2003, from Bob Mosher, Illinois EPA, Division of Water
Pollution Control (“DWPC”)/Water Quality Standards Section; Abel Haile,
DWPC/Permit Section; and Bill Hammel; to Toby Frevert, reporting on hearing, and
forwarded by Bill Hammel to other Illinois EPA staff. (pp. 309-311)
19.
Hearing officer note, May
5,
2003.
(p.
312)
20.
E-mails from Deborah Williams to Illinois EPA staff, May 15 and 16, 2003, concerning
hearing transcript. (pp. 313-317)
21.
Memorandum dated May 19, 2003, with attached invoice for court recorder fees. (pp.
318-319)
22.
Letter e-mailed on May 23, 2003, from Kimberly Kowalski, President, Livable
Communities Alliance, to Deborah Williams, presenting comments. (pp. 320-322)
23.
E-mails between Illinois EPA staff and Deborah Williams, September 30, 2003 through
October 9, 2003, concerning issuance ofresponsiveness summary and permit. (pp. 323-
327)
24.
Memorandum dated October 10, 2003, from Deborah Williams to Renee Cipriano,
Director, Illinois EPA, presenting issues of the hearing and the recommendation. (pp.
328-331)
25.
E-mails between Deborah Williams and Alan Keller, Illinois EPA, DWPC/Permit
Section/Northern Municipal Unit, on October 10, 2003, concerning responsiveness
summary.
(p.
332)
26.
Authorization, signed on October 27, 2003 by Director Cipriano, for issuance ofpermit to
NewLenox. (p.333)
27.
Fax to Ron Sly, October 27, 2003, w/o attached authorization for issuance ofpermit.
(p.
•334)
28.
Memorandum dated October 31, 2003, from Bill Hammel to Deborah Williams, with
attached form letter stating availability of responsiveness summary and NPDES permit,
and mailing list ofrecipients. (pp. 335-338)
29.
NPDES permit renewal and responsiveness summary, October 31, 2003. (pp. 339-376)
Permit file documents
30.
Bioassay Report for Illinois EPA Region 2, conducted July 11 through 15, 2001.
(p.
377-
401)
31.
Letter dated October
5,
2001, from Illinois EPA, DWPC/Permit Section to New Lerfox,
notifying ofpermit expiration date.
(p.
402)
32.
Letter dated April 2, 2002, from Murat Akyurek, Earth Tech, Inc., to Abel Haile, Illinois
EPA, DWPC/Permit Section, with attached memorandum addressing impact ofproposed
discharge. (pp. 403-418)
33.
Memorandum dated May 14, 2002, from Abel Haile to Bob Mosher, Illinois EPA,
DWPC/Standards Development Unit, requesting ammonia and anti-degradation analysis.
(p.419)
34.
Laboratory sample analysis of New Lenox wastewater treatment plant (“WWTP”),
prepared by Suburban Laboratories, Inc. on May
15,
2002. (pp. 420-423)
35.
NPDES permit application, received by the Illinois EPA on June 10, 2002. (pp. 424-481)
36.
Burden reduction Review Sheet, June 18, 2002.
(p.
482)
37.
Consultation agency action report, prepared by the Illinois Department of Natural
Resources on June 19, 2002.
(p.
483)
38.
Bioassay Report for New Lenox WWTP, conducted May 30 through June 3, 2002. (pp.
484-507)
39.
Memorandum date July 16, 2002, from Scott Twait, Illinois EPA, DWPC, to Abel Haile,
concerning water quality based effluent limits. (pp. 508-511)
40.
Letter dated August 29, 2002, from Murat Akyurek to Roger Vollbracht, Illinois EPA,
Bureau of Water/Infrastructure Final Assistance Section, with attached Hickory Creek
biological survey (“Technical Memorandum”). (pp.
5
12-521)
41.
Letter dated September 11, 2002, from Mike Chung, Suburban Laboratories, Inc. to Brian
Williams, New Lenox WWTP, with attached laboratory sample analysis. (pp. 522-536)
42.
E-mail dated September 11, 2002, from Roy Smogor, Illinois EPA, DWPC/Streams Unit,
to Gregg Good, Illinois EPA, DWPC, and Bob Mosher, concerning biological sampling.
(p.537)
43.
Letter dated September 12, 2002, from Ron Sly, Public Works Superintendent, New
Lenox, to Abel Haile. (pp. 538-539)
44.
Letter dated September 19, 2002, from Mike Chung to Brian Williams, with attached
laboratory analysis, faxed to Bob Mosher September 24, 2002. (pp.
540-555)
45.
E-mail dated September 24, 2002, from Howard Essig, Illinois EPA, DWIPC, Des Plaines
Regional Office, to Roy Smogor, concerning biological sampling. (pp.
556-558)
46.
Memorandum dated October 9, 2002, from Roy Smogor to Bob Mosher and Gregg Good,
reviewing Technical Memorandum, with attached note from Mark Joseph, Illinois EPA,
DWPC. (pp.
559-561)
47.
E-mail dated November 26, 2002, from Gregg Good to Howard Essig, Toby Frevert,
Illinois EPA, DWPC, Mark Joseph, Bob Mosher, and Roy Smogor.
(p. 562)
48.
Memorandum dated November 26, 2002, from Scott Twait to Abel Haile, concerning
water quality based effluent limits.
(p. 563)
49.
Memorandum dated November 26, 2002, from Scott Twait to Abel Haile, concerning
antidegradation assessment. (pp. 564-566)
50.
Municipal NPDES review sheet, prepared by Abel Haile on December 10, 2002, with
attached load limit calculations. (pp. 567-571)
51.
Letter dated December 17, 2002, from Alan Keller, to New Lenox, with attached draft
permit. (pp. 572-590)
52.
Letter faxed December 26, 2002, from Ron Sly to Alan Keller, concerning review of
draft permit. (pp.
59 1-592)
53.
Public notice order form, December 30, 2002. (pp. 593-594)
54.
Letter dated December 31, 2002, from Alan Keller to New Lenox, municipal clerk of’
New Lenox, and Edward Karecki, U.S. Fish & Wildlife Service, with attached draft
permit and public notice/fact sheet. (pp. 595-614)
55.
Public notice acceptance card, signed January 6, 2003.
(p.
615)
56.
Public notice, as published in The Star newspapers on January 9, 2003. (pp. 616-618)
57.
Letters dated January 28, 2003, from Alan Keller to Albert Ettinger and M. Beth
Wentzel, w/o attached NPDES draft permit, in response to their letters on January 24,
2003. (pp. 619-624)
58.
Memorandum dated February 6, 2003, from Toby Frevert to Marcia Willhite, Illinois
EPA, BOW, Chief, with handwritten notation by Marcia Wilihite to proceed with public
hearing. (pp. 625)
59.
Fax dated April 22, 2003, from Brian Williams to Abel Haile, with revisions to
average/maximum effluent data. (pp. 626-627)
60.
Notice of public hearing, published by The Star newspapers on March 16, 2003. (pp.
628-629)
61.
Memorandum dated April 29, 2003, from Bob Mosher to Abel Haile, concerning water
based effluent limits for ammonia. (pp. 630-631)
62.
Comments on draft responsiveness summary, faxed August 14, 18 and 20, 2003. (pp.
632-647)
63.
Letter dated October 1, 2003, from Ron Sly to Alan Keller, approving revised proposed
limits for ammonia nitrogen, dissolved oxygen and total dissolved solids.
(p.
648)
64.
Form letter dated October 31, 2003, from Toby Frevert to concerned citizens, informing
ofavailability ofNPDES permit and responsiveness summary on website.
(p.
649)
65.
Letter dated October 31, 2003, from Toby Frevert to New Lenox, with attached final
NPDES Permit No. 1L0020559, issued October 31, 2003 and effective November 1,
2003. (pp. 650-659)
Respectfully submitted,
Illinois Environmental Protection Agency
By:
__________________
SanjayK. Sofat
Assistant Counsel
Division of Legal Counsel
DATED:
December 31, 2003
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
(217)782-5544
THIS FILING IS SUBMITFED ON RECYCLED PAPER