IN THE MATTER OF:
REVISIONS TO RADIUM WATER
QUALITY STANDARDS: PROPOSED
NEW 35 ILL. ADM. CODE 302.307
AND AMENDMENTS~TO35 ILL. ADM.
CODE 302.207 AND 302.525
)
)
)
R04-21
)
(Rulemaking
-
Water)
)
)
)
LERI S OFFICE
JUN 18 2004
TO:
Dorothy Guim, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
Matthew Duim, Division Chief
Joel Sternstein, Assistant Attorney
Office of the Attorney General
188 West Randolph, 20t~~Floor
Chicago, Illinois 60601
Richard Lanyon
Metropolitan Water Reclamation
District of Greater Chicago
100 East Erie Street
Chicago, Illinois 60611
Roy Harsch
Sasha Engle
Gardner Carton & Douglas
191 North Wacker Dr, Suite 3700
Chicago, Illinois 60606-1698
Lisa Frede
CICI
2250 E Devon Aye, Suite 239
Des Plaines, Illinois 60018
William Seith
Total Environmental Solutions
631 E Butterfield Rd, Suite 315
Lombard, Illinois 60148
Amy Antoniolli, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
Jonathan Furr, General Counsel
Illinois Department ofNatural Resources
One Natural Resources Way
Springfield, Illinois 62701
Abdul Khalique
Metropolitan Water Reclamation
District ofGreater Chicago
6001 West Pershing Road
Cicero, Illinois 60804
Jeffrey Cort
Letissa Carve Reid.
Sonnenschein Nath & Rosenthal LLP
800 Sears Tower
233 S. Wacker Drive
Chicago, Illinois 60606-6404
Claire Manning
Posegate & Denes
111 North Sixth Street
Springfield, Illinois 62701
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
POII~tj~~STATE
OFControlILL~j’JOISBoard
NOTICE
PLEASE TAKE NOTICE that I have filed with the Office ofthe Pollution
-
Control Board the IEPA’S RESPONSE TO WRIT’S MOTION FOR AN ADDITIONAL
MERIT HEARING AND AN APPEARANCE on behalfofthe Illinois Environmental Protection
Agency, a copy ofwhich is herewith served upon you.
Date: June 16, 2004
ILL
IS E
IRONMENTAL
tc~oI~:llCounsel
1021 North Grand Avenue East
P.O. Box 19276
Spring field, IL 62794-9276
THIS FILING IS SUBMITTED ON
2 17/782-5544
RECYCLED PAPER
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN 182004
IN THE MATTER OF:
))
PoflutionSTATE
OFControlILLINOISBoard
REVISIONS TO RADIUM WATER
)
R 04-21
QUALITY STANDARDS: PROPOSED
)
(Rulemaking
—
Water)
NEW35 ILL. ADM. CODE 302.307
)
AND AMENDMENTS TO 35 JILL. ADM.
)
CODE 302.307 AND
305.525
)
APPEARANCE
I hereby file my Appearance in this proceeding, on behalf ofthe Illinois Environmental
Protection Agency.
,/7,~::IIIII~1~~/9
i~i~LsionofLegal Counsel
DATED: May21, 2004
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
THIS FILING IS SUBMITTED
217/782-5544
ON RECYCLED PAPER
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
JUN 182004
OF THE STATE OF ILLINOIS
PoJiut~onSTATE
OF-ILLlt~JOISControl
Board
IN THE MATTER OF:
)
)
REVISIONS TO RADIUM WATER
)
QUALITY STANDARDS: PROPOSED
)
R04-21
NEW 35 ILL. ADM. CODE 302.307
)
(Rulemaking-Water)
AND
AMENDMENTS TO 35 ILL. ADM.
)
CODE 302.207
AND 302.525
)
RESPONSE TO WRT’S MOTION FOR AN ADDITIONAL
MERIT HEARING
The Illinois Environmental Protection Agency (“Illinois EPA”) hereby submits its
response to WRT’s Motion for an Additional Merit Hearing. In support ofits Motion,
Illinois EPA states as follows:
1. On June 2, 2004, WRT filed its Motion for an Additional Merit Hearing with
the Illinois Pollution Control Board.
2. On June 4, 2004, the Illinois EPA received WRT’s Motion for an Additional
Merit Hearing.
3. WRT alleges theyhalve been materially prejudiced, since they did not learn of
the rulemaking until May 27, 2004. (WRT’s Motion, paragraph 3).
4. It is the position ofthe Illinois EPA that WRT’s Motion for an Additional
Merit Hearing should be denied.
5.
WRT had every opportunity to participate in the hearings held before the
Illinois Pollution Control Board.
6. Two hearings were held in this matter and were open to the public.
7. The first hearing was held on April 1, 2004 in Chicago, Illinois and the second
hearing was held on May 6, 2004 in Springfield, Illinois.
8. Notice was provided to the public pursuant to 35 Ill. Adm. Code Section
l02.4i6.
9. Illinois EPA believes a full and complete record has been developed in this
matter. The issues raised by WRT were either raised at the previous hearings or go
beyond the scope ofthe rulemaking.
10. WRT’s request for an Additional Merit Hearing when they did not particpate
in the two previous hearings held pursuant to Section 28 ofthe Act will cause the Board,
Illinois EPA and other participants unnecessary expenses in order to participate in yet
another hearing.
11. Furthermore, one ofthe purposes ofthe hearings held before the Illinois
Pollution Control Board is to provide a forum where interested parties and the public can
express their thoughts on proposed rulemaking. To allow for another hearing at this time
would circumvent this process and provide no finality to proceedings before the Illinois
Pollution Control Board and cause further delay in the Board’s final decision with respect
to the proposed rulemaking.
12. Despite WRT’s failure to participate in the two previous hearings, WRT is
still afforded an opportunity to participate in the proceedings by submitting comments to
the Illinois Pollution Control Board for consideration.
13. In fact, WRT filed written comments with the Illinois Pollution Control
Board on June 4, 2004.
14. Denying WRT’s motion for an Additional Merit Hearing will promote full
participation by parties in scheduled regulatory hearings, the development ofa clear and
comprehensive administrative record, and expeditious and economic finality to the
proceedings.
15. Furthermore, WRT has failed to show they exercised due diligence in this
matter as required under Section 102.412(b).
$~
35 Ill. Adm. Code Section 102.412(b).
16. WRT admits in theirMotion for An Additional Merit Hearing that WRT met
with representatives ofthe Pollution Control Board in the fall of2003 and with the
Illinois EPA and the Illinois Emergency Management Agency at that time and continuing
from time to time in the Winter and Spring of2004. (WRT’s Motion, p. 2).
17. As such, WRT should have known where and how to obtain information
concerning the proposed rulemaking.
18. Therefore, WRT has not been materially prejudiced in this matter and their
request for an Additional Merit Hearing should be denied.
WHEREFORE, the Illinois EPA respectfully requests that WRT’s Motion For an
Additional Merit Hearing be denied.
Respectfully submitted,
ILLINOIS EN1J~IRONMENTAL
PROTE~yIOftAGENCY
B~~mL
Diers
Assis
t ounsel
Divi on f Legal Counsel
DATED:
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
STATE OF ILLINOIS
COUNTY OF SANGAMON
)
)SS.
)
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached IEPA’s Response to Wrt’s
Request for an Additional Merit Hearing and an Appearance upon the person to whom it is
directed, by placing it in an envelope addressed to:
TO:
Dorothy Gunn, Clerk
Illinois Pollution ControlBoard
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
Matthew Dunn, Division Chief
Joel Sternstein, Assistant Attorney
Office of the Attorney General
188 West Randolph, 20th Floor
Chicago, Illinois 60601
Richard Lanyon
Metropolitan Water Reclamation
District ofGreater Chicago
100 East Erie Street
Chicago, Illinois 60611
Roy Harsch
Sasha Engle
Gardner Carton & Douglas
191 North Wacker Dr, Suite 3700
Chicago, Illinois 60606-1698
Lisa Frede
CICI
2250 E Devon Aye, Suite 239
Des Plaines, Illinois 60018
William Seith
Total Environmental Solutions
631 E Butterfield Rd, Suite 315
Lombard, Illinois 60148
Amy Antoniolli, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
Jonathan Furr, General Counsel
Illinois Department ofNatural Resources
One Natural Resources Way
Springfield, Illinois 62701
Abdul Khalique
Metropolitan Water Reclamation
District of Greater Chicago
6001 West Pershing Road
Cicero, Illinois 60804
Jeffrey Cort
Letissa Carve Reid
Sonnenschein Nath & Rosenthal LLP
800 Sears Tower
233 5. Wacker Drive
Chicago, Illinois 60606-6404
Claire Manning
Posegate & Denes
111 North Sixth Street
Springfield, Illinois 62701
and mailing it by First Class Mail from Springfield, Illinois on June 16, 2004, with sufficient
postage affixed.
SUBSCRIBED AND SWORN TO BEFORE ME
4~4~
this 16th day ofJune, 2004
OFFICiAL SEAL
______________
•1CYNT~HALWOLFEt
Notary Public
....
:•~++~.~
THIS FILING IS SUBMITTED ON RECYCLED PAPER
