E C
~i
V L~!D
CLERK’S
OFFICE
BEFORE THE ILLIN(MS POLLUTION CONTROL BOARD
r
JAN
~J
~
28~o
STATE OF ILL~NO~S
OF LAKE BARRINGTON, CUBA
)
PoUut~OflControl Board
TOWNSHIP,
PRAIRIE RIVERS NETWORK,
)
CLUB, BETH WENTZEL and
)
cYNTffl~
SKRUKRUD,
)
Petitioners
)
v.
)
PCB 05-55
)
(3rd
Party NPDES Permit
ILLINOIS
ENVIRONMENTAL PROTECTION)
Appeal)
AGJ~NCYand VILLAGE OF WAUCONDA,
)
)
Respondents.
)
SLOCUM LAKE DRAINAGE DISTRICT OF
)
LAJ~~~
COUNTY, ILLINOIS
)
)
Petitioner
)
v.
)
PCB 05-58
ILLINOIS ENVIRONMENTAL
)
(3rd Party NPDES Permit
~j~OTECTION
AGENCY AND VILLAGE OF
)
Appeal)
w~1~C0NDA,
ILLINOIS
)
)
Respondents.
)
~i-~
pHILLIPS,
VERN
MEYER, GAYLE
DEMARCO,
)
GA~1~IELLE
MEYER, LISA O’DELL, JOAN LESLIE,)
MICJ~AELDAVEY, NANCY DOBNER, MIKE
)
pOLiTO
WILLIAMS PARK IMPROVEMENT
)
ASSO~ATmN, MAT SCHLUETER, MYLITH PARK)
LOT
OWNERS ASSOCIATION, DONALD KREBS,
)
0oN
BERKSHIRE, JUDY BRUMME,
TWIN
POND
)
HOMEOWNERS ASSOCIATION, JULIA
)
TUDOR
and CHRISTINE
DEVINEY,
)
)
Petitioners
)
)
V.
)
PCB 05-59
)
(3rd
Party NPDES Permit
ILLINOIS ENVIRONMENTAL PROTECTION
)
Appeal)
AGENCY
and VILLAGE OF WAUCONDA,
)
(Consolidated)
Respondents.
)
NOTICE OF MOTION
TO: See Attached Certificate ofService
Please take notice that on January 4, 2005, we
filed with the Illinois Pollution Control
Board an original and four (4) copies ofthe attached Motion to Realign and/or Join Parties as
Third Party Respondents and Leave to Amend, copies ofwhich are attached and hereby
served upon you.
pated: January
4, 2005
flonnieL. Macfarlane
J3ONNIE MACFARLANE,
P.C.
106 W. State
Road, P.O. Box 268
jsland Lake, Illinois 60042
847-487-0700
Illinois
County,
Att0rneY No.
06205127
This Document Printed on Recycled Paper
STATE
OF ILLINOIS
)
)
ss.
COUNTY OF MCHENRY)
Notice
Third
below
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
~~icagO,
Ililinois 60601
percy L. Angelo
Russell R. Eggert
Kevin G. Desharnais
Mayer, Brown, Rowe & Maw, L.L.P.
j90
S. LaSalle Street
~bjcagO, IL 60603
William D. Seith
Total Envirnomental Solutions, P.C.
631 E. Butterfield Road, Ste. 315
Lombard, IL 60148
BOIuhJe
L. Macfarlane
RONNIE MACFARLANE, P.C.
106
W. State Road, P.O. Box 268
Island Lake, IL
60042
847~4870700
CERTIFICATE
OF SERVICE
Bonnie L. Macfarlane, an attorney, hereby certifies that a copy ofthe foregoing
ofMotion, Certificate ofService, and Motion to Realign and/or Join
Parties as
Party Respondents and Motion for Leave to Amend, was served on the persons listed
by first Class U.S. Mail, proper postage prepaid, on January 4,
2005.
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
This Document Printed on Recycled Paper
CLERKS
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
J/\~
fl
STATE OF
ILLINOIS
OF LAKE BARRINGTON, CUBA
)
PoIiut~on
Control
Board
TOWNSHIP,
PRAIRIE RIVERS NETWORK,
)
CLUB, BETH WENTZEL and
)
c’~NThl~SKRUKRUD,
)
Petitioners
)
v.
)
PCB 05-55
)
(3rd
Party NPDES Permit
ILLINOIS
ENVIRONMENTAL PROTECTION)
Appeal)
AGENCY and VILLAGE OF WAUCONDA,
)
)
Respondents.
)
SLOCUM LAKE DRAINAGE DISTRICT OF
)
Le~j~E
COUNTY, ILLINOIS
)
)
Petitioner
)
v.
)
)
PCB 05-58
ILLINOIS ENVIRONMENTAL
)
(3rd Party NPDES Permit
PROTECTION AGENCY AND VILLAGE OF
)
Appeal)
WAIJC0NDA, ILLINOIS
)
)
Respondents.
)
AL PHILLIPS, VERN MEYER, GAYLE DEMARCO,
)
GABRIELLE MEYER, LISA O’DELL, JOAN LESLIE,)
MICHAEL DAVEY, NANCY DOBNER, MIKE
)
POLITO, WILLIAMS PARK IMPROVEMENT
)
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.
)
PCB 05-59
)
(3rd
Party NPDI~SPermit
ILLINOIS ENVIRONMENTAL PROTECTION
)
Appeal)
AGENCY and VILLAGE OF WAUCONDA,
)
(Consolidated)
)
Respondents.
)
JOINT
MOTION TO REALIGN AND/OR JOINPARTIES AS THIRD
PARTY RESPONDENTS AND LEAVE TO AMEND
NOW COMES, Slocum Lake Drainage District of Lake County, Illinois,
an agency
of the State of Illinois, through their attorney, Bonnie Macfarlane, P.C., and The Resident
Group, through their attorney, Jay J. Glenn, and pursuant to
735 ILCS
5/2-407 and
Supreme Court Rule 135(b), and for leave to amend Petitions in Case Nos. PCB 05-58 and
PCB 05-59, in order to designate the Village of Lake Barrington and Cuba Township as
Third Party Respondents, moves this Honorable Illinois Pollution Control Board for an
order to realign and/or join the Village ofLake Barrington and Cuba Township
as Third
Party
Respondents in PCB 05-58 and PCB 05-59, and in support of said motion, states as
follows:
1.
That on or about December 17, 2004, the Village of Lake Barrington and Cuba
Township announced the joint execution and approval of an Intergovernmental Agreement
Between the Village ofLake Barrington, The Village ofWauconda and the Township of
Cuba Relative to Fiddle Creek (hereinafter referred to as “Intergovernmental Agreement”,
a copy ofwhich is attached hereto and made a part hereof as
Exhibit “A”).
2.
Your Movants are requesting that the Illinois Pollution Control Board take
official and/or judicial notice of the execution ofthe Intergovernmental Agreement between
the Village of Lake Barrington, Cuba Township and the Village ofWauconda, and said
Intergovernmental Agreement be spread of record.
3.
That Slocum Lake Drainage District ofLake County, Illinois, is not a party to the
Intergovernmental Agreement.
4.
That the Village ofLake Barrington, Village ofWauconda, and Cuba Township
have, for a number of months, held secret negotiations relating to the Intergovernmental
Agreement.
5. That the Resident Group has never been involved with any negotiations relating
to the Intergovernmental Agreement and only learned of the executed Agreement on or
about December 17, 2004.
6.
That the Village of Lake Barrington and Cuba Township have, by appropriate
action oftheir respective governing boards, authorized execution of the Intergovernmental
Agreement.
7.
That pursuant to 5 ILCS 220/1 et seq. (1997), the Village of Lake Barrington and
Cuba Township have agreed with the Village of Wauconda to:
“...contract or otherwise associate among themselves to exercise,
combine, or
transfer any power or function in any manner not prohibited by law or by ordinance and
may usetheir credit, revenues, and other resources to pay costs related to
intergovernmental activities....”
8.
That pursuant to paragraph
3 ofthe Intergovernmental Agreement, the Village
of Lake Barrington and Cuba Township are obligated “...to cooperate with the Village of
Wuaconda and withdraw their prior objections to and appeals relative to Phase I and
Phase II of Wauconda’s Expansion NPDES Permit(s)”.
9.
That pursuant to paragraph 7(E) ofthe Intergovernmental Agreement,
“...The
parties agree to reasonably cooperate in a good faith effort to implement this Agreement,
including but not limited to, the joint filing of such stipulations and/or other pleadings as
appropriate for that purpose.”
10.
That pursuant to paragraph 7(F) ofthe Intergovernmental Agreement,
the
Village ofLake Barrington and Cuba Township have agreed that “...in the event the
Wauconda NPDES Permit as currently written is affected by a force majeure or is
substantially modified (except as agreed to by Wauconda
in this Agreement and/or by a
stipulations and/or settlement agreement approved by Wauconda) in the present IPCB
proceedings (IPCB Docket No.
05-55,
05-58 and 05-59), then the parties hereto will meet
and attempt to renegotiate in good faith this Agreement in its entirety in order to endeavor,
to the extent that
it
still may be possible, to effect the goals and purposes of this
Agreement...”
11.
That the Intergovernmental Agreement represents the formation ofa
governmental partnership between the Village of Lake Barrington, Village ofWauconda
and Cuba Township to move Wauconda wastewater/affluent through the corporate limits
ofVillage ofLake Barrington and Cuba Township to the Fox River.
12.
That the parties as amended (i.e.,captions) for Third Party Appeal Nos. PCB
05-58 and PCB 05-59, (reflecting the realties of the executed Intergovernmental
Agreement), are reflected on the attached Exhibit “B”, which is attached hereto and made
a part hereof.
13.
Your Movants hereby request that the Village of Lake Barrington and Cuba
Township be realigned and/or joined as Third Party
Respondents
in IPCB Docket No. 05-
58 and No. 05-59.
WHEREFORE, Slocum Lake Drainage District and the Resident Group,
respectfully move this Honorable Illinois Pollution Control Board for the following relief:
A.
Take judicial notice of the execution ofthe Intergovernmental Agreement
between the Village of Lake Barrington, Cuba Township and the Village of Wauconda;
B.
That the Petitions in case Numbers PCB 05-58 and PCB 05-59 be amended to
reflect that the Village of Lake Barrington and Cuba Township be and are
named as
“Third Party
Respondents”, in said case Numbers before this Honorable Board;
Dated: January 4, 2005
Bonnie L. Macfarlane
BONNIE MACFARLANE, P.C.
106 W. State Road, P.O. Box 268
Island Lake, Illinois 60042
847-487-0700
8.16278
INTERGOVERNMENTALAGREEMENT BETWEEN
THE VILLAGE OF LAKE BARRINGTON, THE VILLAGE OF WAUCONDA
•
AND THE
TOWNSHIP
OF CUBA RELATIVE TO FIDDLE CREEK
THIS
INTERGOVERNMENTAL
AGREEMENT (this
“Agreement”),
made and
entered
into
this
17th
day
of December,
2004,
pursuant
to
authority
of the
Illinois
•
Constitution
and
State
Statutes,
by
and
between
the
Village
of Wauconda,
an
illinois
Municipal
Corporation
(hereinafter
referred
to
as
“Wauconda”),
the
Village
of Lake
Barrington,
an
Illinois
Municipal
Corporation
(hereinafter
referred
to
as
“Lake
Barrington”),
and the Township ofCuba (hereinafter referred to as the “Township”):
WITNESSETH:
WHEREAS, Article
VII, Section
10,
ofthe Constitution ofthe
State ofIllinois of
•
1970, provides that units of local government may contract
or otherwise associate among
•
themselves
to
exercise,
combine,
9r transfer
any
power
or
function in
any
manner not
•
prohibited by law or by ordinance and may use their credit, revenues, and other resources
to pay costs related to
intergovernmental activities and
5
ILCS 220/1
et seq. (1997) further
•
authorizes Intergovernmental Cooperation; and
WHEREAS, the Village ofWauconda was
issued
on August 23,
2004
a National
Pollutant Discharge Elimination
System
(hereinafter “NPDES”) permit
(the “Expansion
NPDES permit”) with the Illinois Environmental Protection Agency (hereinafter “IEPA”)
for
the
Wauconda
Waste
Water
Treatment
Plant
(hereinafter
“the
Facility”
or
“the
Wauconda WWTP”) to
discharge effluent into waters of the State ofIllinois
and to allow
an increase in effluent volume to be discharged from the Facility into a heavily channelized
drainage-way
commonly
known
as
Fiddle
Creek
(hereinafter
“Fiddle
Creek”),
an
intermittent receivingstream which is tributary to the Fox River; and
WHEREAS, Wauconda
currently discharges to
Fiddle Creek pursuant to
NPDES
Permit
1L0020 109,
which
allows
it
to
discharge into
Fiddle
Creek at
Anderson Road
within Lake Barrington; and
WHEREAS,
Fiddle
Creek
passes
along
the
Northern
corporate
limits
of and
adjacent
to
residential
areas
within
Lake
Barrington
and
within
the
Township
and
is
accessible to
the Lakeland Estates
and
Twin
Pond Farm
residential subdivisions
within
Lake Barrington as well as Lake County Forest Preserve District property; and
WHEREAS,
Wauconda,
Lake
Barrington, ‘the
Township
and
its
residents
are
concerned
that
the
discharge
from
the
Facility
be
carefully
treated,
monitored
and
controlled so as to
not adversely affect the health, sanitation,
and
welfare of the residents
ofWauconda, Lake Barrington, the Township; and
20\74A3\00009792.DOC)
—1—
WHEREAS, while there
is disagreement among the parties as to the environmental
impact this increase in pollutant loading and flow will have, Wauconda,
Lake Barrington,
and the Township
have
common
goals of protecting and
preserving the environment
as
well as being good neighbors; and
•
WHEREAS,
Wauconda,
Lake
Barrington,
and
the
Township
also
share
the
common goal
that
the Facility be
improved, operated,
and maintained
in
such a manner
that
its
sewage
treatment
operations
will
represent
a
model
for
protection
of
environmentally sensitive areas; and
WHEREAS,
the
Parties
hereto
understand
and
agree
that
in
order
to
make
it
feasible
to
provide
certain
additional
water
purification
objectives
and
related
improvements,
funds
for
the
design
and
construction
thereof must
be
obtained
from
sources otherthan the general or special funds and accounts of the Parties; and
WHEREAS,
it has
been determined
by
the respective
governing boards
and/or
corporate
authorities
of
Wauconda,
Lake
Barrington,
and
the
Township
that
this
Agreement is in the best interests ofeach ofsaid units
of’local government; and
WHEREAS, Wauconda,
Lake Barrington, and
the Township
have by appropriate
action
of their respective governing
boards and/or
corporate
authorities, authorized the
•execution and delivery of this Agreement.
NOW,
THEREFORE,
upon
the consideration of the mutual
promises
contained
herein and upon the recitals hereinabove set forth,
it is hereby agreed among Wauconda,
Lake Barrington, and the Township as follows:
•
1.
Recitals.
The parties hereto find that the recitals to this Agreement are
true and
correct and that each of the foregoing recitals
is
hereby incorporated herein the
same as ifeach had been
set forth in its
entirety in the body ofthis Agreement.
2.
Reports.
From and
after the effective.date
of this
Agreement,
copies
of
discharge monitoring reports (“DMRs”) and other periodic
reports required to be filed
byWauconda with any county, state orfederal agency relating to the Facility, its
operation,
and NPDES
permit
Number 1L0020 109
shall be
forwarded
at the time of submission of
such
reports
to
such
agencies,
to
the
Village
Clerk
of Lake
Barrington
for
a
period
beginning on January
1,
2005,
and ending on December 31, 2014.
Thereafter, such reports
will be forwarded by Wauconda to
the Village
Clerk ofLake Barrington annually for all
subsequent
annual periods
ending
December
31.
The
initial
and
amended
construction
schedules, when available,
for the Phase I and
Phase II WWTP expansion shall also
be
provided to Lake Barrington.
3.
In consideration
for the undertakings by
Wauconda
as herein set forth and
as set forth below, Lake Barrington and the Township agree to
cooperate with Wauconda
and
withdraw
their prior
objections
to
and
appeals relative
to
Phase I and
Phase II of
Wauconda’s Expansion NPDES Permit(s), to wit:
20\74.43\00009792.DOC
-2-
A.
Wauconda
agrees that as part ofits Phase I treatment plant
expansion to
a
•
design
average, flow of
1.9
MOD,
and
provided that
the NPDES
Permit
remains
otherwise
valid
and
substantially
unmodified
by
the
present
•
proceedings before the
Pollution
Control
Board, to
wit:
IPCB
docket nos.
05-55;
05-58
and
05-59
(hereinafter
referred
to
as
the
“present
ITPCB
proceedings”), except as agreed to
by Wauconda in this
Agreement and/or
•
by
stipulation
approved
by
Wauconda
in
said present
1PCB
proceedings,
Wauconda shall install, maintain, and keep in operation such equipment and
•
other
Facility
improvements
as
necessary to
provide
loading
limits
on
Fiddle Creek of
117
lbs/day
for CBOD5,
and
140
lbs/day for suspended
solids
based on
annual
averages,
and
achieve
a I
mg/L
phosphorus
level
based on a monthly average, and shall request and accept an NPDES permit
•
•
incorporating
such limits
for the Phase I operations. The Parties recognize
that the August 23, 2004 NPDES
permit allows for the discharge of almost
double the load of 117
lbs/day for CBOD5, and
140
lbs/day for suspended
solids and
requires that the effluent achieve a
1
mg/L phosphorus level,
all
•
based on monthly averages.
Wauconda shall use its best efforts to achieve
the
lower,
designed
discharge
limits
on
an
annual
average.
Wauconda
agrees
that
it
shall
make
these
design
capabilities
part
of
the
IEPA
construction permit for the Phase I and Phase U treatment plant expansions
and
Wauconda
shall
operate
these
facilities
as
efficiently as practicable.
•
The standards established under this Paragraph A shall be carried forward to
the
Phase
II
design,
improvements,
and
operations.
To
the
extent
that
•
unanticipated
costs
are required to
be
incurred by Wauconda
in
order
to
carry forward the loading limits
as stated in this Paragraph A to
Phase II,
Wauconda and
Lake Barrington will
cooperate and utilize
their respective
• •
best
efforts
in
attempting
to
secure grant funding for
such unanticipated
costs,
but
Wauconda’s
obligations
under
this
Paragraph
A
shall
not
be
contingent on the success of such efforts.
B.
Wauconda
has
already
designed
and
it
shall
install
as
part
of Phase
I,
•
•
effluent disinfection
capabilities to
meet the NTPDES
fecal
coliform limits,
and Wauconda’s Facility shall, beginning with the date of operation ofthe
Phase I
improvement, meet these fecal
coliform
limits
in accordance with
its NPDES permit.
Until that time,
Wauconda shall remain
in conformity
•
with its current NPDES permit limitations
on fecal coliform.
These effluent
•
disinfection
capabilities
to meet
the NPDES
fecal
coliform
limits
shall be
•
carried forward to the Phase II improvements and operations and the related
NPDES permit.
C.
Wauconda
has
developed
an
industrial
discharge
and
pretreatment
monitoring program
and
Wauconda has secured approval of this
program
from the appropriate regulatory agencies. Wauconda agrees to maintain the
operation ofthis
program and comply with the regulations ofthe applicable
regulatory authorities pertaining thereto.
20\74.43\00009792.DOC
•
•
-3-
• D.
Wauconda has designed, and has obtained NPDES permit approval for, and
shall install, as part ofPhase 1, sufficient aeration capabilities to maintain 6
•
mg/L dissolved oxygen at the point the effluent enters Fiddle Creek.
These
aeration capabilities shall be carried
forward to the Phase II improvements
•
and operations and the relatedNPDES permit.
B.
Wauconda, Lake Barrington, and Cuba Township agree that, within the next
year following the execution ofthis Agreement, they shall jointly cooperate
with
each
other
and
take
such
separate
and/or
collective
action
as
reasonably
necessary
to
jointly
locate,
install,
operate,
and
maintain,
at
Wauconda’s
expense,
four (4)
monitoring
wells
at
mutually agreed upon
locations,
and
Wauconda
shall,
at Wauconda’s
expense,
periodically
test
both
the
Wauconda
W’~WTP effluent
and
the
water
quality
of
said
•
monitoring wells as described below:
•
(1)
Within the
initial
year following the
execution of this
Agreement,
Wauconda
shall
quarterly
test
the
effluent
from
the
Wauconda
WWTP
for
Priority
Pollutants
plus
Tentatively
Identified
•
Compounds
(including
but
not
limited
to
MTBE),
Endocrine
Disrupters,
Fecal
Coliform,
E-Coli
Bacteria,
and
Nitrates.
The
•
availability
of
commercial
laboratory
testing
for
endocrine
disrupters is evolving and will expand from year to year.
Initially, at
a minimum,
testing shall
include
USEPA Method
525.2
for semi-
volatile synthetic organic compounds.
(2)
Alter the
installation of the above-described
monitoring
wells,
and
•
•,
upon
completion
of
the
quarterly
effluent
testing
described
in
Subparagraph E(l), the monitoring wells shall be tested quarterly for
one year by Wauconda for those compounds or substances listed
in
Subparagraph E(I)
above
which
were
determined
to
be
present
in
the
Wauconda
WWTP’s
effluent
based
on
the
initial
year
of
quarterly
testing
of
Wauconda’s
WWTP
effluent,
and
for
any
chlorinated solvents detected, the known products of degradation.
(3)
After the first year of operation ofthe monitoring wells, the effluent
from the
Wauconda WWTP
shall be tested by Wauconda
annually
for
Priority
Pollutants
plus
Tentatively
Identified
Compounds
(including but
not
limited
to
MTBE),
Endocrine
Disrupters, Fecal
Coliform,
E-Coli
Bacteria,
and
Nitrates,
and
all
such testing
shall
occur during the Wauconda WWTP’s low flow period.
•
(4)
The water in each of the monitoring wells, after~theinitial
year of
quarterly
testing
described in
Subparagraph
E(2)
above,
shall
be
• tested
annually
by
Wauconda
for
any
Priority
Pollutants
plus
Tentatively
Identified
Compounds
(including
but
not
limited
to
MTBE), Endocrine Disrupters, Fecal Coliform, E-Coli
Bacteria, and
Nitrates detectedduring the effluent testing for that year, and for any
chlorinated solvents detected, the known products ofdegradation.
t20\74.43\00009792.DOC)
•
-4-
•
Lake Barrington shall have the right to be
present for the collection of all
effluent
and
monitoring well
water
samples
which
are
collected
for
the
•
testing contemplated by this Paragraph (B), as well as for the testing ofsuch
samples, and for these purposes, Wauconda
shall provide Lake Barrington
with reasonable notice thereof.
Lake Barrington shall also have the right to
collect and
test
its
own samples
from said
monitoring
wells
at the
same
•
time, at its own
expense. All information
gathered through such effluent and
monitoring well testing shall not be considered the proprietary information
of any
parties,
and,
upon
receipt
by
Wauconda
in
written
form,
such
•
information
shall
be
promptly
shared
with
the
other
parties
to
this
•
Agreement atid such information shall be considered part ofthe permanent
public records ofthe Village ofWauconda.
F.
Wauconda shall, at its
expense, upon the effective date of this Agreement,
design nitrate removal capabilities for the Phase I and Phase II expansion of
its
treatment plant.
The
Phase
II expansion of the treatment
plant to
2.4
• MOD
design
average
flow
by
Wauconda
shall
include
nitrate
removal
capabilities,
provided
that
Wauconda
receives
complete
grant
funding
through
state or
federal
sources
for
the
design,
equipment
and
facilities
•
necessary to
achieve
such nitrate removal,
and,
in
such event,
Wauconda
shall
not
delay
the
operation of the nitrate
removal
facilities
beyond
the
later of January
1,
2007 or the commencement of the Phase II expansion
and
shall
operate
such nitrate removal
facilities
to
assure no
net
increase
over existing nitrate loading.
For the purposes ofthis Paragraph F, “full” or
“complete” grant offunding shall not include design costs incurred prior to
the
approval of a
grant
agreement, provided, however,
such design
costs
may be
applied for within
the
facilities
grant
application,
or by
way of a
separate
grant
application,
but
the
receipt
of
grant
funding
for
reimbursement of said
design
costs,
from whatever source,
shall not
be
a
condition
to
Wauconda’s
obligations
as
provided
in
this
Paragraph
F.
Wauconda
agrees
that
in
the event
full
funding
is
obtained
for
the
said
nitrate
removal
facilities,
then
Wauconda
shall
make
these
design
capabilities part of the IEPA
construction permit for the Phase II treatment
plant
expansion.
In the event full funding
is obtained
for nitrate removal
within a
time
frame
which
is
reasonably timely
in
order
to
make
these
design
capabilities
part
of the
JEPA
construction permit
for
the Phase I
treatment
plant
expansion,
then
Wauconda
shall
include
such
nitrate
removal capabilities
as part of the Phase I expansion. Wauconda
shall
also
request and accept an NPDES permit modification incorporating such limits
for its
Phase II
operations, and
at the same
time
as
said
NPDBS permit
modification,
Wauconda shall also
request and accept a
Special
Condition
to
the
modified NPDES
permit requiring Wauconda to
monitor
TKN and
Nitrate-N one
day
per
week
in both
its
influent
and
effluent.
In addition,
during the
initial
year after this Agreement becomes effective, Wauconda
shall monitor TEN and Nitrate
one day
per month in both
its
influent and
2O~74.43~OOOO9792.DOC
•
•
•
-5-
effluent to
establish base line data for this provision.
For the purposes of
•
this Agreement,
the term “no
net increase” shall mean as measured on an
annual average
basis,
no
increase
in
nitrate
loading
over
the
quantity
of
•
nitrates currently contained in the effluent from the Wauconda WWTP”.
G.
Additionally,
Wauconda,
Lake
Barrington,
and
the
Township
agree
to
cooperateto jointly attempt to secure grant funds forthe following purposes
and
to
apply
such
grant
funds
so
obtained
according
to
the
following
hierarchy
of
priorities
to
the
greatest
extent
permitted
by
applicable
authorities:
(I)
to
reimburse
Wauconda
for
the
cost
of design,
acquisition
and
installation
of
such
equipment
necessary
and
other
Facility
improvements
so
as
to
effect
nitrate removal
from
the
Facility’s
•
effluent, as stated in Paragraph 3(F);
•
(2)
to provide funds for planning,
flow restoration and natural resource
management
of the
Fiddle
Creek
wetland
complex
and
Sloçum
•
Drainage Ditch in consultation with relevant environmental
groups,
including but not limited to, Citizens for Conservation, Inc.
Similarly, to the extent that grantresources
are available from time to time,
Lake
Barrington,
Wauconda
and
the
Township
agree
to
undertake
in
a
cooperative effort with the
Slocum Drainage District,
or its
suàcessor, the
efforts described in (2) above.
4.
The Parties
agree that in the
future, as circumstances change and develop,
they each will continue to
be engaged in matters related to the environmental protection of
Fiddle
Creek,
the
Fox
River
and
associated
waters,
including,
but
not
limited
to
proceedings before the Illinois Environmental Protection Agency and the Illinois Pollution
Control
Board.
Nothing in this Agreement shall be construed as a bar to such activity by
either party or as an admission by either party with respect
to any matter, except that this
Agreement
shall
constitute
a
complete
resolution
and
settlement
of the
present
PCB
proceedings as between the Parties hereto, and a stipulation reflecting all or a portion ofthe
terms
of this
Agreement
may be
entered
of record
in
the present
PCB proceedings
if
requested by Wauconda.
5.
Remedies.
It is agreed that a breach ofthis Agreement by one party may
cause
irreparable injury
to the other party and that,
in the event of a breach, a
party so
injured shall
be
entitled,
without
limiting
its
rights,
to
seek injunctive relief against said
breach in the Circuit Court of Lake County.
Further, each party hereto shall have all rights
and remedies available at law or in equity in any litigation or administrative proceeding in
connection
with their respective
obligations under this Agreement.
Nothing herein shall
be
construed
to
require
one
party
to
pay
any
costs,
charges,
and
expenses,
including
attorneys’
fees,
related
to
any
litigation,
administrative
proceeding,
negotiation,
or
transaction that results
from the unlawful, or negligent or willful act or omission to act of
20\74.43\00009792.OOC
•
-6-
the
other party(ies)
or their respective officers,
agents or
employees
in
connection with
carrying out such obligations ofotherparties under this Agreement.
6.
Notices.
All
notices,
requests,
demands,
and
other communications
(collectively, “Notices”) hereunder shall be in writing
and given by (i) established express
delivery service which
maintains delivery
records,
(ii) hand delivery,
or (iii)
certified or
registered
mail,
postage prepaid, return receipt requested, to
the parties at the
following
addresses,
or at such other address as the parties may designate
by Notice
in
the above
manner:
To Wauconda:
To Lake Barrington:
To Township ofCuba:
Village ofWauconda
Village ofLake Barrington
Cuba Township
101
N. Main Street
23860 Old Barrington Road
28000 W. Cuba Road
Wauconda, IL 60084
Lake Barrington, IL
60010
Barrington, IL 60010
•Attn:
Village President
Attn:
Village President
Attn:
Township
Supervisor
Notices may also be given by fax, provided the Notice is concurrently given by one of the
above methods.
Notices are effective upon receipt, or upon attempted delivery if delivery
is
refused
or
impossible
because
of
failure
to
provide
a
reasonable
means
for
accomplishing delivery.
7.
Miscellaneous:
A.
Paragraph titles are descriptive only and do not define or in any other way
limit the contents ofeach paragraph.
Words ofthe masculine gender shall
be
read to
include the feminine and neuter genders,
and
the singular shall
include the plural.
B.
Ifany provision ofthis Agreement shall be declared invalid for any reason,
such invalidation
shall not
affect
any
other
provisions of this
Agreement
•
which
can be
given effect
without the invalid provision
and to that extent,
the provisions ofthis Agreement are severable.
C.
This
Agreement
shall
be
governed by the applicable
laws of the
State of
Illinois.
D,
This Agreement shall be binding on all parties and may not be modified or
amended orally, but only in writing signed by all parties hereto.
E.
The
parties
agree
to
reasonably
cooperate
in
a
good
faith
effort
to
implement this
Agreement,
including but not
limited to,
the joint filing of
such stipulations andlor otherpleadings as appropriate-for that purpose.
(20\74.43\00009792.DOC
•
-7-
F.
In the event the Wauconda NPDES
Permit
as currently
written
is
affected
by
a
force
majeure
or
is
substantially
modified
(except
as
agreed
to
by
Wauconda
in
this
Agreement
and/or by
a
stipulation
and/or
settlement
agreement approved by Wauconda) in the present IPCB proceedings (IPCB
Docket No.
05-55, 05-58
and
05-59),
then the parties hereto will meet and
attempt to renegotiate in good faith this Agreement in its entirety in order to
endeavor, to the extent
that it still may be possible,
to effect
the goals
and
purposes ofthis Agreement.
G.
This Agreement
shall become
effective only
upon approval and
execution
hereof by all the parties hereto on
or before December 21,
2004
and
upon
the execution by Wauconda
and all the appellants in IPCB Docket No. 05-
55
of a stipulation and/or settlement agreement in the present IPCB
appeal
providing
for the withdrawal
forthwith
of said
appeal
and
the objections
contained
therein,
which
stipulation
and/or
settlement
agreement
shall
•
include,
among
other things,
the right of
all of said
appellants
in
IPCB
Docket No.
05-55
to enforce this Agreement. Anything in this Agreement to
the contrary notwithstanding, if all administrative and/or trial and appellate
court appeals on
the subject NPDES
permit
are not
exhausted within ten
(10)
months
of the
date
of this
agreement,
then,
at
the
sole
option
of
Wauconda,
Paragraph 3(F) and 3(G) ofthis
Agreement shall be considered
null and void and ofno effect.
H.
This
Agreement
may be
executed
in
one
or
more
identical
counterparts,
which counterparts when affixed together,
shallconstitute one and the same
document.
IN WITNESS WHEREOF, the parties hereto have, pursuant to the authority ofthe
respective Boards and/or
Corporate
Authorities,
caused
this
Agreement
to
be
executed,
attestedand delivered by its duly authorized officers as ofthe date first mentioned above,
VILLAGE OF WAUCONDA,
VILLAGE OF LAKE BARRINGTON
a municipal corporation,
a municipal corporation,
By:
__________________________
By:
__________________
Its Village President
Its Village President
ATTEST:
ATTEST:
Its Village Clerk
Its Village Clerk
• ~2O\74.43\OOOO9792.DOC
-8-
•
•
TOWNSBIP OF CUBA
•
By:
__________
Its Supervisor
ATTEST:
Its Clerk
20\74.43\00009792.DOC
-9-
EXHIBIT “B”
BEFORE
THE ILLINOIS POLLUTION
CONTROL
BOARD
VILLAGE
OF
LAKE BARRINGTON,
CUBA
)
TOWNSHIP, PRAIRIE RIVERS NETWORK,
)
SIERRA CLUB, BETH WENTZEL
and
)
CYNTHIA SKRUKRUD,
)
)
Petitioners
)
v.
)
PCB
05-55
)
(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.
)
)
v.
)
VILLAGE OF
LAKE
BARRINGTON, CUBA
)
TOWNSHIP,
)
Third Party Respondents.
)
AL
PHILLIPS, VERN MEYER,
GAYLE DEMARCO,
)
GABRIELLE MEYER, LISA O’DELL, JOAN LESLIE,)
MICHAEL DAVEY, NANCY DOBNER, MIKE
)
POLITO,
WILLIAMS PARK IMPROVEMENT
)
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.
)
PCB
05-59
)
(3rd
Party
NPDES Permit
ILLINOIS ENVIRONMENTAL PROTECTION
)
Appeal)
AGENCY and VILLAGE OF WAUCONDA,
)
(Consolidated)
)
Respondents
)
)
v.
)
VILLAGE OF
LAKE BARRINGTON,
CUBA
)
TOWNSHIP,
)
Third
Party
Respondents.
)
