CLERK’S OFRCE
JUL U 2004
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
STATE OF ~LUNO~S
IN
THE
MATTER
OF:
)
PoHution Contro’ Board
)
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
)
NOTICE OF FILING
PLEASE
TAKE
NOTICE that on July 6, 2004, the Illinois Chapter ofthe Sierra Club and
the Environmental Law and Policy Center filed in the Illinois Pollution Control Board the
attached
COMMENT IN SUPPORT OF WRT’s MOTION FOR AN ADDITIONAL
MERIT
HEARING.
Albert F. Ettinger (Reg. No.
3125045)
ELPC Senior Attorney and Water Issues
Coordinator forthe Illinois Chapter ofthe Sierra Club
Environmental Law & Policy Center
35
East Wacker Drive, Suite 1300
Chicago, IL 60601
312-795-3707
RE
C E i~VE ~D
CLERK’S OFFICE
BEFORE THE IlLINOIS POLLUTION CONTROL BOARD
JUL 062004
STATE OF
lLLINO~’
IN THE MATTER OF:
)
Pollution Control Bcarc
)
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
)
COMMENT IN SUPPORT OF WRT’S MOTION FOR
AN ADDITIONAL MERIT HEARING
The Sierra Club and the Environmental Law and Policy Center believe that the Board
should grant WRT’s Motion for an Additional Merit Hearing.
As described in our comments filed on June 3, 2004, the record as it stands does not
answer important questions that must be answered in this proceeding. It appears that WRT, a
corporation that appears to have considerable knowledge related to radium, intends to offer
evidence that is relevant to the critical questions identified by ELPC and the Sierra Club,
It has been argued that WRT was inexcusably tardy in offering its evidence forthe pre-
first notice round of hearings and comments. Sierra Club and ELPC take no position on WRT’s
alleged tardiness. However, we presume that the Board does not wish to make a decision with
possibly important ramifications for the Illinois environment and the health of its residents
without hearing evidence from an organization that apparently is in a position to offer
information and views that were not otherwise available to the Board.
The question, then, seems to be really whether the Board will hear WRT’s evidence
before or after a first notice order by the Board. It clearly is better practice and.most economical
of the time of the Board to hear evidence basic to the soundness of the IEPA standards proposal
before the issuance of a first notice order. Moreover, as stated by the Sierra Club and ELPC in
their June 3 comments, we do not believe that the Board has yet been presented with the basic
information needed to make a decision on the radium standards proposal. Assuming the
necessary information is provided in a further hearing at which WRT’s evidence could also be
heard, the initial Board decision would have the benefit of a full record on the basic necessary
facts. Hearing or comments during the period afterthe issuance of the first notice order could
then be more limited and focused,
Albert F. Ettinger (Reg. No, 3125045)
ELPC Senior Attorney and Water Issues
Coordinator for the Illinois Chapter of the Sierra Club
• Environmental Law & Policy Center
35 East Wacker Drive, Suite 1300
Chicago, IL 60601
312-795-3707
July 6, 2004
CERTIFICATE OF SERVICE
I, Albert F. Ettinger, certify that on July 6, 2004, I filed the attached COMMENT IN SUPPORT
OF WRT’s MOTION FOR AN ADDITIONAL MERIT HEARING. An original and 4 copies
was filed, on recycled paper, with the Illinois Pollution Control Board, James R. Thompson
Center, 100 West Randolph, Suite 11-500, Chicago, IL 60601, and copies were served via
United States Mail and via facsimile to those individuals on the included service list.
Albert F. Ettinger (Reg. No. 3125045)
ELPC Senior Attorney and Water Issues
Coordinatorfor the Illinois Chapter of the Sierra Club
Environmental Law & Policy Center
35 East Wacker Drive, Suite 1300
Chicago, IL 60601
312-795-3707
SERVICE LIST
-
R04-21
Amy Antoniolli
•
Hearing Officer
•
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Abdul K1ialique, 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
Suite239
Des Plaines, IL 60018
William Seith
Total Environmental Solutions
631 East Butterfield Road
Suite3lS
Lombard, IL 60148
Jonathan Furr, General Counsel
Illinois Department ofNatural Resources
OneNatural Resources Way
Springfield, IL 62701
Joel J. Sternstein, Assistant Attorney General
Matthew J. Dunn, Division Chief
Office ofthe Illinois Attorney General
Environmental Bureau
188 West Randolph
20~Floor
Chicago, IL 60601
Dorothy Gunn
.
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Deborah J. Williams
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Roy M. Harsch
Gardner Carton & Douglas
191 NorthWacker Drive
Suite 3700
Chicago, IL 60606-1698
•
.
