CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
~JN~~20C4
OF THE STATE OF ILLINOIS
PollutionSTATE
OFControlfLLINOISBoard
iN THE MATTER OF:
)
)
REVISIONS TO RADIUM WATER
)
QUALITY STANDARDS: PROPOSED
)
R04-21
NEW
35
ILL. ADMIN. CODE 302.307
)
Rulemaking
-
Water
AND AMENDMENTS TO
35
ILL.
)
CODE 302.307 AND 302.525
)
NOTICE OF
FILING
To:
See Attached Service List
PLEASE TAKE NOTICE that on June 14, 2004, we filed with the Clerk ofthe Illinois
Pollution Control Board the attached Response
in Opposition to Motion for an Additional
Merit
Hearing on behalfofthe City ofJoliet, a copy ofwhich is attached hereto and hereby
served upon you.
Respectfully
Submitted,
SashaM. ~gle
Roy M. Harsch
Sasha M. Engle
Gardner Carton & Douglas LLP
191 N. Wacker Drive
Suite 3700
Chicago, IL 60606
(312) 569-1000
CHO2/ 223 19471.1
THIS DOCUMENT IS FILED ON RECYCLED PAPER
~ECE~VED
CLERK’S OFFICE
JUN 1 ~2004
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
STATE
OF ILUNOIS
PoIlut~onControl Board
IN
THE
MATTER
OF:
)
)
REVISIONS TO RADIUM WATER
)
QUALITY STANDARDS: PROPOSED
)
R04-21
NEW
35
ILL. ADMIN. CODE 302.307
)
Rulemaking
-
Water
AND AMENDMENTS TO 35 ILL.
)
CODE 302.307 AND 302.525
)
RESPONSE IN
OPPOSITION TO MOTION FOR
AN ADDITIONAL MERIT HEARING
The City ofJoliet (“Joliet”), through its attorneys Gardner Carton & Douglas LLP,
hereby responds in opposition to the Motion for an Additional Merit Hearingbrought by WRT
Environmental LLC (“WRT”) in the above-referenced matter. In support ofits Response, Joliet
states as follows:
1.
WRT’s motion, taken on its face, is not relevant to this rulemaking proceeding.
WRT presents information on treatment technologies to meet the radium public water supply
standards and resulting sludge issues. However, treatment technology has nothing to do with the
rulemaking, which addresses the general use water quality standard for radium. Accordingly,
WRT has raised no issues that would necessitate another hearing in this proceeding.
2.
The Pollution Control Board provided adequate notice ofall hearings in this
proceeding, and WRT has not presented any argument to the contrary. WRT is bound by the
notice provided by the Board and cannot claim that it did not know about the previous hearings
held on April 1 and May 6, 2004.
3.
Further, WRT’s claim that it did not know about this rulemaking proceeding is
belied by its own motion. WRT states that it “met with representatives ofthe Pollution Control
This Pleading is Filed on Recycled Paper
Board in the faIl 2003, and with the Illinois Environmental Protection Agency (“IEPA”) and the
Illinois Emergency Management Agency (“IEMA”) at that time and continuing from time to
time in Winter and Spring 2004.” (Motion
¶
2.). Accordingly, given WRT’s active participation
and discussion with the Pollution Control Board and other Illinois agencies, WRT should have
full knowledge ofwhere and how to get information on rulemaking proceedings.
WHEREFORE, Joliet respectfully requests that WRT’s motion for an additional merit
hearing be denied, given that WRT has not raised any issues relevant to the rulemaking and that
WRThad adequate notice of the rulemaking proceeding and the hearings held in the rulemaking.
Roy M. Harsch
Sasha M. Engle
Gardner Carton & Douglas LLP
191 N. Wacker Drive
Suite 3700
Chicago, IL 60606
(312) 569-1000
CHO2/ 22319448.1
CERTIFICATE OF SERVICE
The undersigned certifies that a copy ofthe foregoing Response in Opposition
to
Motion for an Additional Merit Hearing
was served upon:
See Attached Service List
by U.S. First Class Mail on this 14th day ofJune, 2004.
CHO2/ 22319539.2
SERVICE LIST
R04-21
Dorothy Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Amy Antoniolli
Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Deborah
J.
Williams
S
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
S
Joel J. Sternstein, Assistant Attorney General
Matthew J. Dunn, Division Chief
Office ofthe Illinois Attorney General
Environmental Bureau
188 West Randolph
~ Floor
Chicago, IL 60601
Jonathan Fun, General Counsel
Illinois Department ofNatural Resources
One Natural Resources Way
Springfield, IL 62701
Abdul Khalique, Radiation Chemist
Richard Lanyon
Metropolitan Water Reclamation District
Of Greater Chicago
6001 West Pershing Road
Cicero, IL 60804
Jeffrey C. Fort
Letissa Carver Reid
Sonnenschein Nath & Rosenthal LLP
8000 Sears Tower
233 S. Wacker Drive
Chicago, IL 60606-6404
Claire A. Manning
Posegate & Denes
111 North Sixth Street
Springfield, IL 62701
.
Lisa Frede
CICI
2250 East Devon Avenue
Suite 239
Des Plaines, IL 60018
William Seith
Total Environmental Solutions
631 East Butterfield Road
Suite 315
Lombard, IL 60148
CHO2/ 22319469.1
