RECEIVED
CLERIc$ OFFICE
BEFORE THE ILLINOIS
POLLUTION CONTROL
BOARDAUB
3
12005
IN THE
MATTER OF:
)
STATE OF
ILLINOIS
)
Pollution Control
Board
INTERIM PHOSPHORUS
EFFLUENT
)
STANDARD, PROPOSED 35
ILL ADM.
)
-
304.123
(G-K)
)
(Rulemaking
—
Water)
NOTICE OF FILING
TO:
Attached Service List
PLEASE TAKE
NOTICE
that on August
31, 2005
I
have filed with the Office ofthe
Clerk Pollution Control Board the Illinois Association ofWastewater Agency’s Motion for
Leave to
File Instanter Additional
Comments and
a copy ofthe Additional Comments, copies of
which are herewith served upon you.
Respectfully submitted
ILLINOIS ASSOCIATION OF WASTEWATER
AGENCIES
BY~~”~
One of Its Attorneys
I.D. #90304
GARDNER CARTON
& DOUGLAS
LLP
Roy M. Harsch
191
N. Wacker Drive
-
Suite 3700
Chicago, IL
60606-1698
Telephone:
(312)
569-1000
Facsimile:
(312) 569-3000
THIS FILING
IS BEING SUBMITTED ON RECYCLED PAPER
RECEIVED
BEFORE
THE ILLINOIS POLLUTION CONTROL
uo2MP~
OFFICE
AUG
312005
STATE OF ILLINOIS
Pollution Control Board
MOTION FOR LEAVE TO
FILE INSTANTER ADDITIONAL COMMENTS
Now comes the Illinois Association ofWastewater Agencies (IAWA) by its attorneys
Roy M. Harsh and
Gardner Carton & Douglas to move the Illinois Pollution Control Board for
Leave to File Instanter Additional
Comments.
In support ofthis
motion IAWA a states as
follows:
1)
Through a combination of factors including the vacation schedule, workloads and
other demands IAWA has been unable to
formulate these additional comments until this time.
2)
The undersigned counsel forIAWA has been occupied in preparing for and
participating
in the hearing last week on the dissolved oxygen rulemaking in R04-24 on behalfof
IAWA. merely
3)
The purpose ofthis
comment is not to
prejudice other parties but to provide the
Board with IAWA’s unique insight to correct what
IAWA believes to
be a mistake by the Board
in
its prior order.
Wherefore
IAWA respectfully requests the Illinois Pollution Control Board leave to
file
the attached Additional Comments instanter for the reasons set
forth herein.
IN THE MATTER OF:
INTERIM PHOSPHORUS
EFFLUENT
STANDARD, PROPOSED 35
ILL ADM.
304.123
(G-K)
)
R04-26
)
(Rulemaking
—
Water)
)
)
-2-
RECEIVED
CLERIC$ OFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
AUG
3
12005
STATE OF ILLINOIS
PoIsut~
Control Board
IN THE MATTER OF:
)
)
INTERIM PHOSPHORUS
EFFLUENT
STANDARD, PROPOSED
35
ILL ADM.
R04-26
304.123 (G-K)
)
(Rulemaking
—
Water)
)
)
ADDITIONAL COMMENTS
The Illinois Association of Wastewater Agencies (IAWA) respectfully submits its
comments
in response to those filed by the Illinois Environmental Protection Agency (IEPA) on
July 20,
2005
and the comments
filed by the Environmental Law and
Policy Center, Prairie
Rivers Network and
Sierra Club on
or about July
1,
2005.
IAWA respectfully disagrees with the
Pollution Control Board’s (“Board”) decision to proceed to
First Notice in this matter for the
reasons set forth in IAWA’s previous comments.
IAWA nevertheless believes that the Board, to
the extent it
is moving forward, should do so based on accurate information.
To
that end, IAWA
in its
comments filed on June 20, 2005
provided what it believes to
be an accurate and thorough
evaluation ofthe cost
for phosphorous control based upon real data from its members and
consultants who provide waste water service or practice in Illinois.
To the extent the Board relied upon cost
estimates submitted in the record by
representatives ofthe environmental organizations based upon estimates provided by the City of
Elgin
in a facility plan amendment request, the Board is relying on information which is not
correct.
In support thereof
IAWA has attached a letter from Mr. Greg Hergenroeder, Director of
the Fox River Water Reclamation District which
is the waste water agency that services
the area
encompassing the city ofElgin.
As set
forth in Mr. Hergenroeder letter, the previously cited
costs are not accurate and he believes that the costs contained the IAWA public comment are
-3-
more accurate. He further estimates that costs for chemical phosphorous control would be
approximately $3,000,000.
In response
to the comments filed by the IEPA, IAWA states that the information it
provided regarding the actual cost
for twenty facilities that constructed phosphorous removal in
Wisconsin are probably much more accurate and realistic than cost estimates contained in the
IEPA comments.
The speculation that chemical
feed facilities can be
fit into existing buildings
or buildings constructed at more reasonable cost than that incurred by the Village of Beechcr is
just that
—
speculation.
The best evidence
is the information provided by IAWA.
IAWA continues to believe that the Board is wrong in adopting this rule as the record
does not provide any specific
evidence regarding the necessity for this interim rule or any
benefits to be derived from this
interim rule in terms of resolving actual specific
environmental
issues.
The cost, using whatever number the Board wishes to cite, are therefore unreasonable
when compared to
no
specific environmental need or environmental benefit.
Nevertheless, in
furtherance ofits stated goals of having rulemaking supported by good science and accurate
information,
IAWA would respectfully suggest that the Board should utilize the cost figures it
submitted.
Respectfully submitted,
Illinois Association of Waste Water Agencies
One of His Attorneys
for Plaintiff
1.D.
#90304
GARDNER CARTON &
DOUGLAS LLP
Roy M. Harsch
191
N. Wacker Drive
Suite 3700
Chicago, IL
60606-1698
Telephone:
(312) 569-1000
Facsimile:
(312) 569-3000
-4-
F~CM
(TUE)AUG
30200511:33/SI.
11:32/No.
6832364498
P
2
FRWRDS
FOX RIVER
WATERRECLAMATION
DISTRICT
RA’AIOND STREET &
PURIFY DRIVE ~P.0.DOX
320, EL~N.
IL 60121.0328
/
PH. (047)742-2060
FfrJ( (847)
742-0t02
July
15,
2005
Mr.
Roy
Harsch
Gardner Carton
& Douglas
191
N.
WackerDr.
Chicago, Illinois 60606-! 698
Re:
INTERIM
PHOSPHORUS
EFFLUENT
)
STANDARD, PROPOSED 35
ILJ.ADM.
)
R2004.26
304.123
(G-K)
)
(Rulemaking
-
Water)
)
Dear Mr. T-lar~ch;
Having reviewed
the notice offiling as submitted by
Albert Ettinger July
1,
2005
regarding the
referenced
Interim Proposed Phosphonis
Standard please
consider the following: On page 2
,
~ragraph
II, I
submit
that
the
overall
costs
are
not
modest.
The capital
cost
projection for
removing phosphorus
as
provided
by
engineers
hired by the City
ofElgin is
incomplete and in
error.
The City
of
Elgin
is
not the
owner of
the
wastewater
treatment
facility
and that estimate of
cost Strvts
nø
purpose.
I understand that
the
origin of
the capital cost estimate
was
included in the context
Qf
a
Watec Quality Amendment
Plan
Application providing for a map amendment to
the
Fox River Water Reclamation Disuict FPA
withoni
the need
for construction of
treatment
facilities. The cost
provided
in
the document
was
not approved
by
the desigtrntcd management agency; the Fox River Water Reclamation
District.
Comments
submitted
by
the
illinois
Association ofWastowater Agencies
in the same illinois
Pollution
Control Board proceeding stipulate
overall
costsfor
removing
phosphorus including sludge handling
considerations.
The capital costs range from
$2.3 xlO’to
$3.8 x
10’
per
million gallons of
capacity
and
total
present
worth costs for chemical removal facilities forplants
with
capacities
from one to two MOD
at$6x
i0~to$1.0x10’.
Therefore forthe plant referenced in the
abovementioned
filing I would estimate the new facilities
present worth for the Fox River Water ReclamationDistrict with chemical phosphorus removal
on the
order of $3,000,000.00.
Your attention to this matter is
appreciated.
Sincerely,
Fox
River Water Reclamation
Dj.~strict
Gregory Hergenroeder,
P. E.
General Manager
BOARD MEMU~RI
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Mnrnat~
James
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TrsastneCMd(
Ernest
A. Lue.&Q.
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Kebin a.
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OFFICIALS
G.igay HerQeAroedec,
P.S.,
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PAGE~2
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CERTIFICATE OF SERVICE
The undersigned certifies that
a copy ofthe foregoing Motion for Leave to File Instanter
Additional Comments
and the Additional Comments was filed by hand delivery with
the Clerk
ofthe 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
North Wacker
Drive,
Chicago, IL
on Wednesday,
August 31, 2005.
C2~
SERVICE LIST
R04-26
Sanjay K. Sofat
Matthew J. Dunn, Chief
Robert A. Messina
Assistant Counsel
Office ofthe Attorney General
General Counsel
1021
North Grand Avenue East
Environmental Bureau
Environmental
Law &
P.O. Box
19276
188 West Randolph Street
Policy Center
Springfield,
IL
62794-9276
20th
Floor
3150 Roland Avenue
Chicago, IL
60601
Springfield,
IL
62703
Albert F. Ettinger
John McMahon
William Richardson,
Environmental Law &
Wilkie & McMahon
General Counsel
Policy Center
1
East Main
Street #214
Department ofNatural
35
East Wacker Drive
Champaign,
IL
61820-3615
Resources
Suite
1330
One Natural Resources
Way
Chicago, IL
60601
Springfield,
IL
62702-1271
Richard Lanyon
David Horn
Darin Boyer
Director ofResearch
Asst. Prof., Biology
City of Piano
&
Development
Aurora University
17
E. Main Street
Michael
G. Rosenberg
347
Gladstone Avenue
PIano, IL
60545-1521
Metropolitan Water Reclamation
Aurora, IL
60506
ofGreater Chicago
100 E.
Erie
Chicago, IL
60611
Dorothy M.
Gunn
Illinois Pollution Control Board
100
W.
Randolph St.
Suite 11-500
Chicago, IL
60601
CH02/ 22406257,
