RECEIVED
CLERK’S OFFICE
APR 28
2005
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
STATE
OF
ILLINOIS
PoIiut~onControl Board
IN THE MATTER OF:
PROPOSED AMENDMENTS TO
DISSOLVED OXYGEN STANDARD
35
Iii. Adm. Code 302.206
)
)
)
R04-25
)
)
(Rulemaking
—
Water)
See Attached Service List
NOTICE OF FILING
PLEASE
TAKE
NOTICE
that
on
Thursday,
April
28,
2005,
we
filed
the
attached
Status
Report
with
the
Clerk
of the
Illinois
Pollution
Control
Board,
a
copy
of which
is
herewith served upon you.
Roy M. Harsch
GARDNER, CARTON & DOUGLAS
191 N. Wacker Drive
-
Suite 3700
Chicago, Illinois
60606-1698
(312)
569-1440
THIS FILING IS
BEING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR
282005
STATE OF ILLINO,
Pollut~o~
Control Boa~cg
IN THE MATTER OF:
)
)
PROPOSED AMENDMENTS TO
)
R04-25
DISSOLVED OXYGEN STANDARD
)
(Rulemaking
-
Water)
35111. Adm. Code 302.206
)
STATUS REPORT
Now comes the Illinois Association ofWastewaterAgencies by its
attorney, Roy M.
Harsch and Gardner Carton & Douglas LLP and files a Status Report in conformance with the
Hearing Officer’s March
3, 2005 Order.
1.
Representatives of Illinois Association of Wastewater Agencies (“IAWA”) have
been in contact with representatives of the Illinois Environmental Protection Agency (“IEPA”),
the Department ofNatural Resources (“DNR”) and other stakeholders regarding a number of
issues.
There have been ongoing discussions regarding certain technical issues.
2.
As previouslyreported, based upon these discussions it was determined that an
additional stakeholder meeting was appropriate.
This stakeholder meetingwas held on February
23, 2005 at the Illinois Environmental Protection Agency’s offices in Springfield.
Representatives ofvarious stakeholders including the DNR, IEPA and IAWA attended.
In
addition representatives from the citizen groups attended.
3.
As previously reported, the DNR and IEPA at this stakeholder meeting discussed
their efforts at trying to arrive at an
agreed upon joint state position to put forth at the third
hearing in this matter.
It was agreed that DNR and IEPA would continue to meet to work on this
position and inform the other stakeholders when they had developed such a position and the
rationale behind such a position.
This work has proceeded, as reported in the February 28, 2005
status report.
4.
As previously reported, it was agreed that DNR and IEPA will continue their
efforts and report back to
the other stakeholders as to their progress and the possible need for a
further stakeholder meeting.
JAWA understood that DNR and JEPA would provide the
stakeholders with written information as to their position and rationale for such a position. With
the understanding that this would be forth coming, a stakeholder meeting was scheduled for
April 13, 2005.
5.
IAWA decided to
cancel the stakeholder meeting because ofthe absence of
progress and the inability ofkey DNR people to
attend the meeting.
6.
Based upon continued discussions itnow appears that some further progress has
beenmade in reaching a DNR and IEPA position.
Accordingly, another stakeholder meeting has
been scheduled for May
5,
2005 at the offices ofIEPA in Springfield.
7.
IAWA has been hopeful that further progress can be made at resolving
outstanding different points ofview regarding this proposal as DNR and IEPA continue work
jointly.
IAWA looks forward to the May stakeholder meeting in the hopes that real progress can
be made to move this matter forward.
Such progress will depend upon the stakeholders being in
a position to be prepared to respond in a meaningful manner. Ifnot, IAWA will consider seeking
to
schedule a thirdhearing in lieu of additional stakeholder meetings in order to
allow interested
parties to
present their comments and testimony on the record.
8.
Accordingly JAWA proposes that and would request the Hearing Officer enter an
Order scheduling an additional Status Report to be filed by IAWA on or before May 3, 2005.
Tn
this Status Report, IAWA will explain the progress to date, the status of stakeholder discussions
and results ofpossible meetings.
Also IAWA will include if appropriate the suggested dates for
a third hearing as set forth in the last Order.
tfully submitted,
Illinois Ass
iation ofWastewater Agencies
CHO2/ 22381713.1
CERTIFICATE OF SERVICE
The undersigned certifies that a copy ofthe foregoing
Status Report
was filed by hand
delivery with the Clerkofthe illinois Pollution Control Board and served upon the parties to whom said
Notice is directed by first class mail, postage prepaid, by depositing in the U.S. Mail at
191 NorthWacker
Drive, Chicago, Illinois on Thursday, April 28, 2005.
SEE
ATTACHED SERVICE LIST
Service List
R2004-025
Fred L. Hubbard
415 North Gilbert Street
Danville, IL
61834-0012
Alex Messina
Illinois Environmental Regulatory Group
3150 Roland Avenue
Springfield,
IL
62703
Bernard Sawyer
Metropolitan Water Reclamation District
6001 W. Pershing Rd.
Cicero, IL
60650-4112
Charles W. Wesselhoft
Ross
& Hardies
150 North Michigan Avenue
Suite 2500
Chicago, IL
60601-7567
Claire A. Manning
Posegate &
Denes, P.C.
111
N. Sixth Street
Springfield,
IL 62705
Connie L. Tonsor
IEPA
1021
North Grand Avenue
P.O. Box
19276
Springfield, IL 62794-9276
Deborah J. Williams
IEPA
1021 North Grand Avenue
P.O.
Box
19276
Springfield, IL 62794-9276
Dennis L. Duffield
City ofJoliet, Department ofPublic Works and
Utilities
921
B. Washington Street
Joliet, IL 60431
Dorothy M. Gunn
Illinois Pollution Control Board
100
W. Randolph St.
Suite 11-500
Chicago, IL 60601
Erika K. Powers
Barnes & Thomburg
1 N. Wacker
Suite 4400
Chicago, IL 60606
Frederick D. Keady
Vermilion Coal
1979 Johns Drive
Glenview, IL
60025
James L. Daugherty
Thom
Creek Basin Sanitary District
700
West End Avenue
Chicago Heights, IL 60411
James T. Harrington
Ross & Hardies
150 North Michigan Avenue
Suite 2500
Chicago, IL 60601-7567
Joel J. Sternstein
Office ofthe Attorney General
188 West Randolph
20th
Floor
Chicago, IL 60601
John Donahue
City of Geneva
22
South First Street
Geneva, IL 60 134-2203
Jonathan Fun
Illinois Department of Natural Resources
One Natural Resources Way
Springfield, IL 62702-127 1
Katherine D. Hodge
Hodge DwyerZeman
3150 Roland Avenue
P.O. Box 5776
Springfield,
IL
62705-5776
Larry Cox
Downers
Grove Sanitary District
2710 Curtiss Street
Downers Grove, IL
60515
~
LisaFrede
Chemical Industry Council of Illinois
2250 B. DevonAvenue
Suite 239
Des Plaines, IL 60018-4509
Margaret Hedinger
2601
South Fifth Street
Springfield,
IL 62703
Matthew J. Dunn
Office ofthe Attorney General
188 West Randolph
~
Floor
Chicago, IL 60601
Michael G. Rosenberg, Esq.
Metropolitan Water Reclamation District
100 East Erie Street
Chicago, IL 60611
Mike Callahan
Bloomington Normal Water Reclamation
District
P0 Box 3307
Bloomington, IL 61702-3307
Richard Lanyon
Metropolitan Water Reclamation District
100 East Erie Street
Chicago, IL 60611
Richard McGill
Illinois Pollution Control Board
100
W. Randolph St.
Suite 11-500
Chicago, IL 60601
Sanjay K. Sofat
IEPA
1021
North Grand Avenue East
P.O.Box
19276
Springfield, IL 62794-9276
Stephanie N. Diers
IEPA
1021 North Grand Avenue East
P.O.Box
19276
Springfield, IL 62794-9276
Sue Schultz
Illinois American Water Company
300 North Water Works Drive
P.O.Box24040
Belleville, IL 62223-9040
Susan M. Franzetti
10
South LaS alle Street
Suite 3600
Chicago, IL
60603
Tom Muth
Fox Metro Water Reclamation District
682
State Route 31
Oswego, IL 60543
Vicky McKinley
Evanston Environment Board
23
GreyAvenue
Evanston, IL 60202
W.C. Blanton
Blackwell Sanders Peper Martin LLP
2300 Main Street
Suite
1000
Kansas City, MO 64108
Edward Hammer
U.S. Environmental Protection Agency
WQ-l6J
77 West Jackson Boulevard
Chicago, IL
60604