~EC~VE~
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC 22 2C04
STATE OF ILLINOIS
VILLAGE OF LAKE BARRINGTON, CUBA
)
PoUution Control Board
TOWNSHIP, PRAIRIE RIVERS NETWORK,
)
SIERRA CLUB, BETH WENTZEL and
)
CYNTHIA SKRUKRUD,
)
)
Petitioners
)
v.
)
PCB05-55
)
(3rd
Party NPDES Permit
ILLINOIS ENVIRONMENTAL PROTECTION)
Appeal)
AGENCY and VILLAGE OF WAUCONDA,
)
)
Respondents.
)
SLOCUM LAKE DRAINAGE DISTRICT OF
)
LAKE COUNTY, ILLINOIS
)
)
Petitioner
)
v.
)
)
PCB
05-58
ILLINOIS ENVIRONMENTAL
)
(3rd Party NPDES Permit
PROTECTION AGENCY AND VILLAGE OF
)
Appeal)
WAUCONDA, ILLINOIS
)
)
Respondents.
)
CLERK’SB~C
E
OFFICEB
V 1&~~
AL PHILLIPS, VERN MEYER, GAYLE DEMARCO,
)
GABRIELLE MEYER, LISA O’DELL, JOAN LESLIE,)
D~ 22 20C4
MICHAEL DAVEY, NANCY DOBNER, MIKE
)
STATE
OF ILLINOIS
POLITO, WILLIAMS PARK IMPROVEMENT
)
PoI~ut~onControl Board
ASSOCIATION, MAT SCHLUETER, MYLITH PARK)
LOT OWNERS ASSOCIATION, DONALD KREBS,
)
DON BERKSHIRE, JUDY BRUMME, TWIN POND
)
FARMS HOMEOWNERS ASSOCIATION, JULIA
)
TUDOR and CHRISTINE DEVINEY,
)
)
Petitioners
)
)
v.
)
PCB05-59
)
(3rd
Party NPDES Permit
ILLINOIS ENVIRONMENTAL PROTECTION
)
Appeal)
AGENCY and VILLAGE OF WAUCONDA,
)
(Consolidated)
)
Respondents.
)
NOTICE OF FILING
TO: See Attached Certificate ofService
Please take notice that on December 22, 2004, I filed with the Illinois Pollution Control
Board an original and four (4) copies ofthe attached REQUEST TO ADMIT TO THE ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY, copies of which are attached and hereby
served upon you.
Dated: December
—,
2004
Jay J. Glenn
Attorney for the Resident Group
Bonnie L. Macfarlane
______________________________
BONNIE MACFARLANE, P.C.
Bonnie L. Macfarlane
106 W. State Road, P.O. Box 268
Attorney for the Slocum Lake
Island Lake, Illinois 60042
Drainage District of Lake County,
847-487-0700
Illinois
Attorney No. 06205127
This Document Printed on Recycled Paper
STATE OF ILLINOIS
)
)
COUNTY OF MCHENRY)
CERTIFICATE OF SERVICE
Bonnie L. Macfarlane, an attorney, hereby certifies that a copy of the foregoing
Notice of Filing, Certificate of Service, and REQUEST TO ADMIT TO THE ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY, was served on the persons listed below by
first Class U.S. Mail, proper postage prepaid, on December
—,
2004.
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Ililinois 60601
Percy L. Angelo
Russell R. Eggert
Kevin G. Desharnais
Mayer, Brown, Rowe & Maw, L.L.P.
190 5. LaSalle Street
Chicago, IL 60603
William D. Seith
Total Envirnomental Solutions, P.C.
631 E. Butterfield Road, Ste. 315
Lombard, IL 60148
Bradley P. Halloran
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph St., Ste. 11-500
Chicago, Illinois 60601
Albert Ettinger
Environmental Law and Policy Center
35 E. Wacker Drive, Ste. 1300
Chicago, Illinois 60601
Sanjay K. Sofat, Asst. Counsel
James Allen Day
Illinois Environmental Protection Agency
1021 North Grand Ave., East
P.O. Box 19276
Springfield, IL 62794-9276
Bonnie L. Macfarlane
BONNIE MACFARLANE, P.C.
106 W. State Road, P.O. Box 268
Island Lake, IL 60042
847-487-0700
Bonnie L. Macfarlane
This Document Printed on Recycled Paper
RE CE VE
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC 22 2O~4
STATE OF
ILLII\JOIS
VILLAGE OF LAKE BARRINGTON, CUBA
)
PolIut!on Control Board
TOWNSHIP, PRAIRIE RIVERS NETWORK,
)
SIERRA CLUB, BETH WENTZEL and
)
CYNTHIA SKRUKRUD,
)
)
Petitioners
)
v.
)
PCB05-55
)
(3rd
Party NPDES Permit
ILLINOIS ENVIRONMENTAL PROTECTION)
Appeal)
AGENCY and VILLAGE OF WAUCONDA,
)
)
Respondents.
)
SLOCUM LAKE DRAINAGE DISTRICT OF
)
LAKE COUNTY, ILLINOIS
)
)
Petitioner
)
v.
)
)
PCB 05-58
ILLINOIS ENVIRONMENTAL
)
(3rd Party NPDES Permit
PROTECTION AGENCY AND VILLAGE OF
)
Appeal)
WAUCONDA, ILLINOIS
)
)
Respondents.
)
RECEWW
CLERK’S OFFICE
AL PHILLIPS, VERN MEYER, GAYLE DEMARCO,
)
DEC 27 2~4
GABRIELLE MEYER, LISA O’DELL, JOAN LESLIE,)
MICHAEL DAVEY, NANCY DOBNER, MIKE
)
STATE OF
ILUNO~S
POLITO, WILLIAMS PARK IMPROVEMENT
)
Pollution Control
Board
ASSOCIATION, MAT SCHLUETER, MYLITH PARK)
LOT OWNERS ASSOCIATION, DONALD KREBS,
)
DON BERKSHIRE, JUDY BRUMME, TWIN POND
)
FARMS HOMEOWNERS ASSOCIATION, JULIA
)
TUDOR and CHRISTINE DEVINEY,
)
)
Petitioners
)
)
v.
)
PCB05-59
)
(3rd
Party NPDES Permit
ILLINOIS ENVIRONMENTAL PROTECTION
)
Appeal)
AGENCY and VILLAGE OF WAUCONDA,
)
(Consolidated)
)
Respondents.
)
-
JOINT REOUEST TO ADMIT
TO THE
-
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
NOW COMES, the Slocum Lake Drainage District ofLake County, Illinois, an
agency of the State ofIllinois, through their attorney, Bonnie Macfarlane, P.C., and The
Resident Group, by and through their attorney, Jay J. Glenn, and pursuant to 35111. Adm.
Code 101.202, propounds the following REQUEST TO ADMIT to the Illinois
Environmental Protection Agency, as follows:
1. That on March 24, 2003, the Illinois Environmental Protection Agency
(hereinafter referred to as the “IEPA”) received a letter oftransmittal from the engineering
and architectural2.
That thefirmletterofofBonestrootransmittalDeverywas signed&
Associates.by
Robert1
J. Devery, P.E. and William
G. Dinchak, P.E., DEE.2
‘IEPA #001608 thru 001609
2
IEPA #001609
3. The transmittal letter evidenced delivery ofthe Final NPDES Permit Application
from the4. VillageThat
onofAprilWauconda.3, 2003,3 the IEPA received the Final letter of transmittal from the
Village Engineers containing Section B.6 on Page 8 of21 of the NPDES Permit Application.
5. That on April 7, 2003, the Illinois Environmental Protection Agency (hereinafter
referred to as the “IEPA”) received the completed Table in Section B.6 from the Village of
Wauconda7.6.
ThatThatrelatingtheon AprilIEPAto
its14,hasNPDES2003,actualPermittheknowledgeIEPAApplication.completedthat
the4itsFiddleanti-degradationCrrek WetlandsAssessment.include5
Fiddle Lake.
8. That the IEPA anti-degradation assessment was based on a facility related
stream survey for Wauconda Creek in 1993.6
9. That on May 18, 2003, the IEPA forwarded to the Village of Wauconda its draft
permit.710.
That the IEPA issued a Draft Modified NPDES Permit knowing that the Permit
Application was incorrect or false.
11. That the IEPa did not request the Village ofWauconda to correct, amend or re-
file its NPDES Permit Application.
10. That the IEPA anti-degradation assessment failed to note and/or assess the
Tarkowski superfund site (hereinafter referred to-as’~Superfund2
?t).8
11. That the IEPA anti-degradation policy is mandated by 40 CFR 131.12.
3IEPA #001671 thru 001672
4References to IEPA#-.. .are to the IEPA document numbers filed before the Illinois
Pollution Control Board as the “Record.” IEPA
-
#001671.
5IEPA
-
#001677 thru #001678
6IEPA
-
#001677
7IEPA
-
$001690
8IEPA
-
#000807; #000828
12. That the IEPA has actual knowledge that the Fiddle Creek, Fiddle Marsh,
Fiddle Lake and Slocum Drainage District ofLake County channels (hereinafter referred
to as the “Fiddle Creek Wetlands”) has a number of subdivisions whose properties are
directly connected to the Fiddle Creek Wetlands.
13. That the IEPA has actual knowledge that the Fiddle Creek Wetlands has a Lake
County Forest Preserve directly connected to the Fiddle Creek Wetlands.
14. That the IEPA has actual knowledge that the Fiddle Creek Wetlands are
primary15.contactThat waters.the
IEPA9 has actual knowledge that on November 28, 1975, no sewer
outfall from any Sewer Treatment Plant discharged into the Fiddle Creek Wetlands.
16. That in the 1980’s the IEPA issued its first NPDES permit which allowed the
Village of Wauconda to re-locate its Wauconda Wastewater Treatment Plant (hereinafter
referred to as “WWTP”) Outfall to discharge into the Fiddle Creek Wetlands.
17. That the LEPA has actual knowledge that the Fiddle Creek Wetlands have
suffered degradation since the IEPA issued the Village ofWauconda an NPDES permit
allowing discharges into the Fiddle Creek Wetlands.
18. That on July 31, 2003, the IEPA has actual knowledge that the Wauconda Task
Group has failed to comply with NPDES permit number 2001-EP-3444, in that its Boron
concentrations always significantly exceeded
~
19.That on July 31, 2003, the IEPA has actual knowledge that the Village of
Wauconda has failed to comply with its current NPDES permit Ill 0020109 in that the
Village of Wauconda’s WWTP discharges into a zero flow stream and the effluent
probably exceeded the 1 mgfliter limit.
20. That on July 8, 2004, the IEPA had actual knowledge that the arsenic
concentration was in excess of the effluent limit and may violate acute water quality
standards.”
21. The IEPA has failed to bring enforcement action against the Wauconda Task
Group for violations ofits NPDES permit.
9IEPA
-
#0005 80, reference to E-Mail from Ms. Kristen Del Boccio, the IEPA has failed
to provide copies ofthis Exhibit M, and supplemented with testimony and pictures.
‘°IEPA
-
This document was first seen on Friday, December 17, 2004, in an on-site
inspection ofJEPA documents by the undersigned counsel.
“IEPA
-
#002171
22. The IEPA has failed to bring enforcement action against the Village of
Wauconda for violations ofits current NPDES permit.
23. The Village of Lake Barrington has submitted an application to have the Fiddle
Creek Wetlands listed as a 303(d) impaired waters.
24. That in June, 2004, the IEPA apparently denied the Fiddle Creek Wetlands
application25.
Thattobetherelistedwasasaa303(d)discussionimpairedamongwaterstheIEPAbecausestaffofandQAPPothersissues.’that2’the3 criteria
used to deny the 303(d) impaired waters classification forthe Fiddle Creek Wetlands was
not in accordance with prior 303(d) evaluations.
26. That the IEPA was advised ofthe alternative of running a pipe to the Fox River
but the IEPA staff was directed not to consider this option.
27. That from September 9, 2003 until August 23, 2004, the IEPA held numerous
secret and closed discussions and meetings with the Village of Wauconda and the Village of
Lake Barrington and others.
28. The Resident Group was excluded from all IEPA discussions and meetings.
29. The Slocum Lake Drainage District attended the December, 2003 closed
meeting, but has been excluded from all other IEPA discussions and meetings.
30. The IEPA failed to consider the hsitory of prior violations and Court
proceedings involving the Village of Wauconda and its current permit.
32.31.
TheThe
IEPAIEPA hashas actuala
policyknowledgeof makingthatthe
out-of-bankVillage
ofWaucondaconditions“lookin
thegood.”Fiddle4 Creek
Wetlands are anticipated.’5
-
#002160 thru 002167
‘3IEPA
-
These are a series ofdocuments not produced by the IEPA but reviewed by the
undersigned counsel on December 17, 2004.
‘4IEPA
-
This document is one of a series ofdocuments not produced by the JEPA but
reviewed by the undersigned attorneys on December 17, 2004.
‘5IEPA
-
#00205 8
33. That the IEPA has actual knowledge that there has been no analysis of the
influence from the Fox River Backwater and applied a nominal flow at the Slocum Lake
Drain confluence34.
That thebasedIEPAonhasthe actualdata
providedknowledgein thethatFIS.’further6
detailed studies are required
toassess35.theThefullIEPAeffectshasofactualthewatershedknowledgevariables.’thaton709-10-04theWWTPdischarged
Bromodichloromethane in excess of reporting limits.
36. The IEPA has actual knowledge that on 09-10-04 the WWTP discharged
Chloroform in excess ofreporting limits.
37. The IEPA has actual knowledge that on 09-10-04 that WWTP discharged
Dichloromethane in excess ofthe reporting limits.
38. The IEPA has actual knowledge that on 09-10-04, the WWTP discharged
Methyl-tert butyl ether (MTBE) in excess ofthe reporting limits.
39. The IEPA has not conducted detailed independent analytical tests of the effluent
discharged into the Fiddle Creek Wetlands.
40. The IEPA has not conducted detailed independent analytical tests ofthe
sediment at the WWTP outfall and downstream.
41. The IEPA is on actual knowledge that the Village of Wauconda uses deep wells
for part ofits municipal water supply but the JEPA has not conducted independent
analytical tests ofradium discharges into the Fiddle Creek Wetlands.
42. The IEPA is on actual knowledge that the Wauconda Sand andGravel
Superfund discharges leachate into the WWTP.
43. The IEPA has failed to require WWTP to fully treat this leachate prior to
discharge into the Fiddle Creek Wetlands.
16IEPA
-
#002058
‘7IEPA
-
#002058
Respectfully Submitted,
Bonnie L. Macfarlane
Jay J. Glenn
Dated: December_, 2004
Bonnie L. Macfarlane
BONNIE MACFARLANE, P.C.
106 W. State Road, P.O. Box 268
Island Lake, Illinois 60042
847-487-0700
This Document Printed on Recycled Paper
