CLER,.~’8

~P

AUG

18

2004

BEFORE THE

ILLINOIS POLLUTION CONTROL BOAR

~

ILLINO~8

VILLAGE OF FRANKFORT

)

fltroj

Board

)

Petitioner

)

v.

)No.

~

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

)

PETITION TO REVIEW THE DENIAL OF PERMIT APPLICATION

Petitioner, the Village of Frankfort, by its attorneys, Mahoney, Silverman and Cross,

Ltd.,

for its petition to review the denial of a permit application, states:

1.

On June

16, 2004, the Village ofFrankfort,

together with Mallard Development

Company, filed an

application for a joint construction and operating permit for the extension ofa

sewer line which is tributary to Frankfort’s waste water treatment facility to an area outside

Frankfort’s facilityplanning

area (FPA). (A copy ofthe application is attached hereto as Exhibit

A).

2.

Both Frankfort’s waste water treatment facility and the area into which the sewer was

proposed to

be extend are within the Hickory Creek Watershed.

3.

On July

15,

2004, the Illinois Environmental Protection Agency (IEPA) denied the

application for the joint construction and

operating permit.

The only basis that was given was

that the area was not within Frankfort’ s FPA.

(A copy ofthe denial is attached hereto as Exhibit

B).

Denial ofthe permit was not based upon sound environmental and/or engineering principals.

4.

The IEPA is a statutorily created entity and

thus has only those powers given to it by

1

---

legislative authority.

5.

Nowhere within the Environmental Protection Act is the IEPA given authority to

create FPAs that are based on political boundaries, as opposed to

boundaries based on sound

environmental and/or engineering principals.

The IEPA does not have authority under the Act to

deny permits based on a sewer line being extended beyond the boundary line ofan FPA.

Indeed,

the Act does not give the IEPA the authority to create FPAs on any basis.

Accordingly, the

IEPA’s denial of the permit should be reversed.

WHEREFORE, the Village of Frankfort requests the Pollution Control Board to review

and reverse the denial of the permit application.

VILLAGE OF FRANKFORT,

ne~Attom~~~

James A. Murphy

-

Atty. No. 06195324

MAHONEY,

SILVERMAN & CROSS, LTD.

822 Infantry Drive, Suite

100

Joliet, Illinois

60435

(815) 730-9500

2

---

~ENTBY: TECHS CONSULTING GROUP

INC.;

7086723759;

AUG-3-04 10:34AM;

PAGE 7/10

This. Agency Is autho~1zed

to ,equfro

thIs

lnIbnnation under Illinois Revised

Statutes,

1979.

Chapter

111

1t2~

Sestion

1039.

Disclosure

of this

Infonnatlon

is ,equi,ed under

that Section.

FaIlure todo

so

may present

this

foan (mm being

processed and

coflid

result lo your

epp1ic~&wi

being denied.

This(cmi has

been

approved

by

the

Forms Management Cantw

Log

#________________________

Springfield,

Illinois

62794-9276

SCHEDULE A PRiVATE

SEWER CONNECTION(S) OR SCHEDULE B SEWER EXTENSION(S)

(Please Cirde One

or

Both)

1.

NAMEOF PROJECT:

Highwkk

of

Frankfort

2.

TYPE

OF

SERVICE(S);

Residential

X

; Commercial

_____

;

Light

Industrial (Domestic Waste

Only)

_____

ManufacturIng

______

;

Recreational

~

Other

3.

NATURE OF PROJECT:

Project consists

ot

a

sewer extension

x

;

a

sewer connection

...

;

a trunk

sewer

________

;

a

replacement

sewer

________

;

a relief

sewer

________

; an interceptor sewer

_______

; a new

sanitary

sewer

____________

4.

PROJECT LOCATION, SERVICE AREA AND

POPULATION:

Submit

map(s)

of

the service area that

includes

the

following:

4.1

An

8

X

11

inch

detailed

project

location

map

or

USGS

map

showing

the

project

with

respect

to

major

roadways.

In lieu

of

this

map,

a

letter from the

Illinois Historic Preservation

Agency

indicating compliance with

the

Illinois

Historic

Preservation

Act

for

this

project

may be

submitted.

4.2

The

proposed sewer

layout

and

project

location.

Township _________________________

Section

31

Range

-

13

4.3

Residential

and/or

non-residential

areas

and

their associated

waste

loads

to

be

immediately sewed

by

the

sewers of this project.

4.4

Potential

residential

and/or

non-residential

areas

and

their

associated

loads

must be

included

in

the

overall

design

of

the

sewers of

this

project.

5.

FACILITiES

PLANNING AREA:

This

project is

_____

is not

x

being constructed

entirely

within the

Facdities

Planning

Area

(FPA) boundaries.

Name of FPA:

N IA

6.

TYPE OF

DEVELOPMENT:

The

following

design

criteria

should be used

iii

estimating

the

population

(P.E.) of a residential

building:

Effioinflcy

or Studio

Apartment

=

I

P.E.

1

Bedroom

Apartment

=

1.5

P.E

Commonly used

quantities of sewage

flows from

miscellaneous

2 Bedroom Apartment

3

RE.

type

fadlitlea

are

listed

in Appendix

B

Table

No. 2

of

the

Illinois

3

Bedroom

Apartment

3

RE

Recommended

Standards

for Sewage Works.

Single

Family Home

3.5

RE.

Mobile

Home

2.25

P.E.

6.1

RESIDENTIAL BUILDINGS:

Number

of

building(s)

.~

~j~

Number

of single family dwelling building(s)

25

Number of multiple

dwelling

buildings*

6

Estimated total

population

1

LtLI

P.E.

*

Please

provide

an

itemized

list for each muit1~l8

dweljinc

beiLdin~i

including:

Number of

1,

2

and

3

bedroom

unlts~

the

total

P.r. for

the each

buiIdiric~

and the

total P.E. for multiple family

dwelllncjs.

IL

532-OO1

1

Printedan Recyded

Peper

WPC

151

Rev,6/03

EXHIBIT A

---

;ENT

BY:

TECI-13

CONOULTING

GROUP INC.;

7006723739;

AUG-3-04 10:35AM;

PAGE

0/10

6.2

NON-RESIDENTIAL

BUILDINGS:

Describe use

of building(s)

N/A

Principal

product(s)

or

activities

Number

of

non-residential

building(s) to be

served

under this Permit

__________

Estimated number of employees

________

;

Estimated number of

occupants

(transients)

_________

Estimated

population

equivalent (one

population equivalent

Is

100

gallons of sewage

per

day,

contaIning

0.17

pounds of GOD5 and 0.20

pounds

of suspended

solids). Flow

P.F

_____

;

GOD P.E.

_____

Solids P.E._______

6.3

Total loading

for

this

project

(Sum of 62 and 6.1) Design Average Flow

1’~l~D:

Design Max. Flow_57’6~PD

P.E.

24

48

BOD

P.E.

28,8

Suspended SolIds

6.4

Commencing July

1, 2003,

Section

12.2

of the Environmental

Protection Act (415

ILCS

5/12.2, as amended

by

P.A..

9~-32)

requires the

Agency to

collect

a

fee for certain

applications

for the

installation

of

sanitary

sewer

connections and extension.

Except for

the conditions

listed

below,

the

following fee schedule

shall

apply:

Fee Dollars

Population Equivalents

100

400

2-20

800

21-100

1200

101 -499

2400

500 or

more

Please

send

the

appropriate

tee;

certified

or

cashiers

check

made

out

to:

Treasurer,

State

of

IllinoIs,

Environmental

Protection Permit

and

Inspection

Fund”

with

the

applicant’s

Federal

Employee Identification

Number

(FEIN)

appearing

on the face of the

check

and

submit

along

with this

schedule.

Any

fee

remitted

to the

Agency

shall

not be refunded at any time

or

for

any reason,

either in

whole

or in

parL

The Sewer Permit fee doesnot

app~y

to:

a)

Any

Department, Agency

or UnIt of State Government

b)

Any

unit

of local government where

all

of the

following

conditions are

met;

1)

The cost of the

installation or extension

is

paid

wholly from

monies--of-the-unit-of local

government, state

grants or

loans, federal grants

or

loads, or any

combination thereof;

2)

The

unit

of local

government is NOT

given

monies,

reimbursed

or

paid,

either in whole

or

in

part,

by

another

person (except for State grants

or loans or

federal grants

or loans;

c)

1)

Include

a

certified

copy

of

the

budget

Item

or

the

board

or

council

minutes

which

authorize

the

construction

of this

project with only local

funds;

and

2)

I/we

-

(Signature

for

Unitof Government)

hereby certify

thatsubsections (bXl), (b)(2)and (c)(1) have

been

met.

d)

A

sewer

pemlit

fee

is

not

required

for

those

sewer

connections

or

sewer

extension

to serve

only

non-sewage

waste.

Should

a

portion of

the waste flow

be

attributable

to a sewage source(s),

the fee

shall

be

based

on

that

portion. Sewage

Is

defined

as

water-carried human

and

related wastes

from

any

source.

Schedule A/B only covers

domestic

wastewater

sources.

11 a

non-domestic

wastowater

Source(s)

is(are)

part

of this

project.

Schedules

J

and N are

required,

as

appropriate, along

wIth

any additional

applicable

fee.

6.5

Non

domestic liquid

waste

Is

-—

is not

X

produced

inside

the building(s).

If liquid

wastes other

than domestic are produced, submit Schedule N.

7.

DEVIATION FROM

DESIGN CRITERIA:

The

design criteria

for sewers are contained in the ‘Illinois

Recommended

Standards

for

Sewage

Works”,

Current

Edition.

This

submittal

does

________

does

not

X

include deviations

from

said criteria,

if

deviations are

Included,

I4~stJiflcetjpfl

for said deviations must be attached.

7,1

Will

Standard

Specifications

for Water

and

Sewer

Main

Construction

in IllInols, Current Edition, govern the

construction

of this system?

YES

X

-

NO

_________

.

If “NO” specifications must be furnished for

the

construction

ofthe sewer.

---

~ENTBY: TECH3 CONSULTING GROUP INC.;

705672G730;

AUG-S-04 lO:~3SAM;

PAGE

gun

MULThFAMILYTOWNHOMES (AGE

RESTRICTED

SENtOR)

2

BEDROOMS

2.25

FE

SINGLE

FAMILY (AGE

RESTRICTED

SENIOR)

2.5 FE

6

TCM/NHOME BUILDINGS

6

UNITS EACH

(AGE RESTRICTED SENIOR)

81

FE

25 SINGLE FAMILY (AGE RESTRICTED

SENIOR)

63

PE

TOTALPE

144PE

---

~ENT BY: TECHS CON3ULTING GROUP INC.;

70~6722730;

AUG-3-04 10:34AM;

PAGE ~

ILLINOIS

ENViRONMENTAL

PROTECTION

AGENCY

-

1021

NoRm GRAND

AVENUE

E~.sr,

P.O.

Box

19276,

SPRINGFIELD,

ILLINOIS

62794-9276,

217-782-3397

JAMES

R.

THOMPSON

CENmR,

100

WEST

RANDOLPH.

SUITE

11-300, Cc~co,

IL

60601,

3

2-81 4-6026

Roo

R.

BLAGOJEVICH,

GOVERNOR

RENEE

CJp~No,

217/782-0610

Julyl5,2004

-

Mallard

Development

Company

At-tn: Mike Harper

18212 Vermont Court

Orland Park,

flhiziois 60467

Re:

Frankfort

-

Highwick

of

Frankfort,

Log No. 1364-04

-

Dear Mr.

Harper:

It has come to the Agency~s

attention

following

re-review ofthis project alter the letter

you received

dated July

1,

2004,

that

the proposed project is

not

within the Facilities

Planning

Area

(FPA)

boundaries

ofthe

Village

of

Fraiikfort.

A state

construction

pem-iit

cannot be issued for

this projeot~

until the current

FPA

boundaries are modified and

approved.

Should you

have any questions

or

comments regarding

the above~

please

contact Melissa

Parrott at

the

indicated

telephone

numberand address.

Sincerely.

Alan

Keller, P.

Manager,

Permit

Section

-

Division ofWater Pollution Control

SAK: I 364noi.map

cc:

Tech 3 Consulting Group,

Inc.

Village

of’

Frankfort

RU

Binds

DWPC—Des Plaines

—

4302

North

Main

Street,

Rocklord,

IL 6l1O.3—(8151987-7760

•

IJtS

PLANES

-

9511

W.

H,3r(ISOfl

St..

Dt~s

~

IL 600)6— I~47)2’.)4-4000

ELCIN

—

595 South State, 61gm. 1160123

.-

(3471 608-3131

•

F~0RIA

—

~4

5 N.

University

St., Peoria,

IL 61614

—

(309)

693-5463

13t;Rr,u, o~).~o

-

PEoR~.s

—

7620

N.

University SE.,

P~ocij,

IL 61614

—(309) 693.5462

•

C~.’.MPAIGN

—2125

South

F(rst

Street,

Champai~r~,

IL 61820— (217) 278-5800

S~RINGFeLD

-

4500

5

Sixth Sireet

Rd.,

Sp6n~1ieId,IL 62706

(217) 786.6892

•

(o~i

N~VILLE

—

2009

MalI

Street,

CoilinsviIle,

IL 62234

—

F,1

It)

346-5120

MA~I4Y’l

—

2.~t09

W.

Main

St..

Suite 316,

Marion,

IL 62959 —(616) 993.7200

EXHIBIT

B

PRIN

tED (iN RtC’~LEO

PAVCF

---

CERTIFICATE OF SERVICE

I,

James A. Murphy, certify that a copy ofthe foregoing Petition to Review the Denial of

Permit Application was served upon the following:

Division of Legal Counsel

Illinois Environmental Protection Agency

1021

North Grand Avenue East

P.O.Box

19276

Springfield, IL 62794-9276

by enclosing the same in an envelope for delivery viaUnited States mail, addressed to the above,

in a U.S. mailbox

in Joliet, Illinois on the August

17, 2004.

MAHONEY,

SILVERMAN & CROSS, LTD.

James A.

~iiy

James A. Murphy

ARDCNo.:

06195324

MAHONEY,

SILVERMAN & CROSS, LTD.

822

Infantry Drive, Suite 100

Joliet, Illinois

60435

(815)

730-9500

---

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION

CONTROL BOARI~UG

182004

VILLAGE

OF FRANKFORT,

)

~

)

Petitioner,

)

v.

)

No.

ILLINOIS ENVIRONMENTAL PROTECTION,

)

AGENCY,

)

)

Respondent.

)

APPEARANCE

I, James A. Murphy ofMahoney, Silverman &

Cross, Ltd.

hearby file my

appearance in

the above referenced proceeding, on behalf ofthe Village ofFrankfort.

James A. Murphy

MAHONEY, SILVERMAN & CROSS, LTD.

822

Infantry Drive,

Suite

100

Joliet, Illinois

60435

(815) 730-9500

MAHONEY, SILVERMAN & CROSS, LTD.

One of Tbeif’~iomeys

James

A. Murphy

No.

06195324

MAHONEY, SILVERMAN & CROSS, LTD.

822

Infantry Drive,

Suite 100

Joliet, Illinois

60435

(815) 730-9500

---

AUG

18

2004

CERTIFICATE OF SERVICE

p~J~Q~

~i~OI3

I, James A.

Murphy, certify that a copy ofthe foregoing Appearance was served upon the

following:

Division ofLegal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O.Box

19276

Springfield,

IL 62794-9276

by enclosing the same in an envelope for delivery via United States mail, addressed to the above,

in

a U.S. mailbox

in Joliet, Illinois on the August 17,

2004.

MAHONEY, SILVERMAN &

CROSS, LTD.

James A. Murphy

AIRDCNo.:

06195324

MAHONEY,

SILVERMAN &

CROSS, LTD.

822

Infantry Drive,

Suite

100

Joliet, Illinois 60435

(815) 730-9500