BEFORE THE ILLINOIS POLLUTION CONTROL BOARDS
c~0~Ft~,~D
DES PLA1NES RIVER WATERSHED ALLIANCE,
LIYABLE COMMUNITIES ALLIANCE,
PRAIRIE RIVERS NETWORK, and SIEERA CLUB,
Petitioners,
PCB 04-88
(NPDES Permit Appeal)
ILLiNOIS ENVIRONMENTAL PROTECTION
AGENCY and VILLAGE OF NEW LENOX,
)
)
Respondents.
)
NOTICE OF FILING
Dorothy Gunn, Clerk
Albert F. Ettinger
Illinois Pollution Control Board
Senior Staff Attorney
James R. Thompson Center, Suite 11-500 Environmental Law & Policy Center
100 West Randolph Street
35
East Wacker Drive, Suite .13 00
Chicago, IL 60601
Chicago, IL 60601
Bradley P. Halloran
.
illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 West Randolph Street
Chicago, IL 60601
PLEASE TAKE NOTICE that Ihave today filed with the Office ofthe Clerk ofthe Pollution
Control Board an original and four (4) copies the
MOTION FOR LEAVE TO AMEND
RECORD
INSTANTER and AMENDED RECORD 2.ofthe Illinois Environmental Protection Agency, a copy
..~
ofwhich is herewith served upon you.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:
.~
.~
SanjayK.Sofat
Assistant Counsel
Division ofLegal Counsel
Dated: February 10,2004
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544
V.
)
)
)
)
)
)
)
)
)
FEB 13200’,
OF
ILLINOIS
oIIu~c~COntrol
Board
Roy M. Harsch
Sheila H. Deely
Gardner Carton & Douglas LLP
191 N. Wacker Drive- Suite 3700
Chicago, Illinois 60606-1698
TifiS
FILING
PRINTED ON RECYCLED PAPER
1
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
CLER~c~
FEB 13
OFFlQE~’
2004
STATE OF ILLINOIc~
DES PLAINES RIVER WATERSHED ALLIANCE,
)
POIIUtjO~Control Board
LIVABLE COMMUNITIES ALLIANCE,
)
PRAIRIE RIVERS NETWORK, and SIEERA CLUB,
)
)
Petitioners,
)
)
v.
)
PCB04-88
)
(NPDES Permit Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY and VILLAGE OF NEW LENOX,
)
)
Respondents.
)
MOTION FOR LEAVE TO AMEND
RECORD INSTANTER
NOW COMES, Respondent, the Illinois Environmental Protection Agency (“Illinois EPA”
or “Agency”), by one of its attorneys, Sanjay K. Sofat, and pursuant to 35 Ill. Adm. Code 105.2 12
and 105.116, and hereby requests that the Illinois Pollution Control Board (“Board”) grant the
motion to amend its Recordinstanter. In support ofthis motion, the Illinois EPA states as follows:
1.
On December 2, 2003, Petitioners, Des Plaines River Watershed Alliance, Livable
Communities Alliance, Prairie Rivers Network, and Sierra Club, filed a third party permit appeal:
with the Board pursuant to 415 ILCS
5/40(e)(l)
and 35 Ill. Adm. Code 105.204(b). Petitioners
appeal the issuance ofan National Pollutant Discharge Elimination System (“NPDES”) permit to
the Village ofNew Lenox on October 31, 2003, for its STP #1 in New Lenox, Illinois.
2.
Pursuant to 35 Ill. Adm. Code 105.116, the Agency Record-is to be filed with the
Board within thirty (30) days after receipt ofthe-petition. The Agency Record was timely filedwith
the Board and consists ofapproximately
659
pages.
3.
On January 21, 2004, the Illinois EPA filed an amended Record replacing about
twenty pages of the originally filed Record that were illegibly photocopied.
2
4.
After the filing ofthe amended Record, the Agency noticed that some ofthe
electronic communications (“e-mails”) among certain Agency employees were not made part ofthe
originally filed Record. This inadvertent error occurred because the e-mails in question were neither
part of the permit file nor the Bureau file, the files that the Agency used to prepare the originally
filed Record. It is only during the in-house discussions with the Agency employees it came to the
under-signed attorney’s attention that some ofthe e-mails have been inadvertently left out from the
originally filed Record.
5.
No prejudice will attach to Petitioners if the Agency is granted permissionto amend
its Record, as the subject matter discussed in these e-mails is already part ofthe originally filed
Record.
WHEREFORE, for the reasons stated above, the Illinois EPA hereby respectfully requests
that the Board accept the filing ofthis amended record instanter
Respectfully Submitted,
ILLiNOIS ENVIRONMENTALPROTECTION AGENCY
By_
SanjayK. Sofat
Assistant Counsel
Division ofLegal Counsel
DATED: February 10, 2004
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
3
)
ILLINOIS. ENVIRONMENTAL PROTECTION)
AGENCY. and VILLAGE OF NEW LENOX
)
Respondents.
. ‘-
)
AMENDED.
RECORD 2.
Respondent, ILLINOIS ENVIRONMENTAL ‘PROTECTION AGENCY (“Illinois
EPA”), in accordance. with the procedural rules of the Illinois Pollution Control Boar4 as set
forth in 35 Ill. Adm. Code 105.212 and 105.116, files. the. following additional documents to.
amend its Record submitted in the, above case:.
66.
E-mail dated July 11, 2002,. from Scott Twait to. Wally Poleski, Water Pollution
Control/Des Plaines Regional Office,. requesting results ofmetals sample.. (p. 660)
67.
E-mail dated September 9, 2002, from Bob Mosher to Gregg Good, concerning proposed
expansion...
(p.
660.5)
68.
E-mails dated September 10, 11, and 12, 2002, among Gregg Good, Bob. Mosher, and
Roy Smogor,. concerning macroinvertebrate study. in Hickory Creek.. (pp.. 661-662).
69..
E-mail dated September 13, 2002, from Roy Smogor to Howard Essig, concerning
macroinvertebrate study in Hickory Creek.
. (p..
663)
BEFORE THE ILLINOIS POLLUTION CONTROL.
BOAR
FEB 13 2004
DES
PLAINES
RIVER
WATERSHED
STATE OF ILLINOIS
ALLIANCE, LIVABLE COMMUNITIES
,
)..
‘ .
Pollution Control Board
ALLIANCE, PRAIRIE RIVERS
)
NETWORK, and SIERRA CLUB,
.)
.
.
.
...
)
Petitioners,
)
PCB 04-88
.
)
(APPEAL FROM IEPA
v.
.)
DECISION. GRANTING
NPDES PERMIT)
74;..
.75.
76.
.
70.
E-mail dated September 18, 2002, between Bob Mosher and Gregg Good, concerning
deadline for action on study.
(p.
664)
71.
E-mails dated September 24,. 2002, among Roy Smogor, Howard Essig, and Bob Mosher,
.
.
.
commenting on.study.. (pp..
665-670)
..;
.
,
.
,
,
72.
.
B-mails dated September 26 and 27, 2002, among Roy Smogor and Howard Essig~-
,
commenting on study. (pp.. 67 1-672)
73.
B-mails dated. September 27 and 30, 2002, among Roy Smogór, HOward Essig, Gregg
‘
Good, Mike Henebry, Water Pollution Control/Planning, and Bob Mosher, cmmenting
“
.
on study... (pp.
673-675)
.
.
B-mails dated September 27 and 30, 2002, among Roy. -Smogor,. Howard,. ‘and
‘
Mike
. ‘.‘.
.
Henebry, commenting on study. (pp. 676-681)
;.
-
-
B-mails dated September 27, September 30,. and October 1, 2002, between BOb Mosher
,
and HOward Essig, commenting on study. (pp. 682-684)
B-mails dated October 1 and 2, 2002, between Mark Joseph and Roy Smogor,. concerning
.
comments on study..
(p.
685)
.
77.
E-mails. dated October 1, 2 and 7, 2002, among Mark Joseph, Howard Bssig and Roy
.
Smogor, commenting on study. (pp. 686-687)
78.
E-mail dated October 1, 2, 7 and 8, 2002, between Roy Smogor to Howard Essig,
commenting on study. (pp. 688-693)
79.
E-mails dated October 1, 2, 7, 8 and 9, 2002, among Roy Smogor, Howard Bssig and
—
Mark Joseph, concerning comments on study. (pp. 694-695)
80..
E-mails dated October 1, 2, 7, 8 and 9, 2002, among Howard Essig, Mark Joseph and
Roy Smogor, concerning comments on study... (pp.. 696-697)
.
81.
E-mail dated October 9, 2002, from Roy Smogor to Bob Mosher, concerning comments
on study.
(p.
698)
82.-
Consultation termination signed on October 22, 2002 by Michael Branch, Illinois
Department ofNatural Resources.
(p.
699)
.
83.
E-mails dated November 21 and
25,
2002, between Howard Bssig and Bob Mosher..
(p.
700)
Respectfully submitted,
-
.
illinois Environmental Protection Agency.
Sanjay K. Sofat
Assistant Counsel
Division ofLegal Counsel
DATED:
February 10,2004
Illinois Environmental Protection Agency.
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
.
(217) 782-5544
THIS
FJLING
IS SUBMITFED ON RECYCLED PAPER
)
STATE OF ILLINOIS
)
)
SS
COUNTY OF
SANGAMON
)
)
PROOF OF SERVICE
I,
the undersigned, on oath state that I have served the attached
MOTION FOR LEAVE
TO AMEND RECORD INSTATNTER
and AMENDED
RECORD 2 upon
the person to’ whom
it is directed, by placing a copy in an envelope addressed to:
Dorothy Gunn, Clerk
Bradley P. Halloran
Pollution Control Board
Illinois Pollution Control Board
100 West Randolph Street
James R. Thompson Center
Suite 11-500
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Chicago, Illinois 60601
(FIRST CLASS MAIL)
(FIRST CLASS MAIL)
Albert F. Ettinger
Roy M. Harsch
Senior StaffAttorney
Sheila Deely
‘Environmental Law & Policy Center
Gardner Carton & Douglas LLP
35 East Wacker Drive, Suite 1300
191 N. Wacker Drive, Suite 3700’
Chicago, IL 60601
Chicago, Illinois 60606-1698
(FIRST CLASS
MAIL)
(FIRST CLASS MAIL)
and mailing it from Springfield, Illinois on February 10, 2004, with sufficient postage affixed as
indicated above.
~
SUBSCRIBED AND SWORN TO BEFORE ME
£
OFFICIAL SEAL
this day ofFebruary 10, 2004.
~i: NOTARY
PUBU~ ~H~FE~LINOIS~
‘..
~
Notary Public
THIS FILING PRINTED ON RECYCLED PAPER
4