BEFORE THE ILLINOIS POLLUTION CONTROL BOASERKS
RECEIVED
OFFICE
IN
REVISIONS
THEMATTER
TO
RADIUMOF:
WATER
)
))
R04-21
PottutiOfl
STATE
SEP
OF
Control
152005
ILLINOISd
Boar
QUALITY STANDARDS: PROPOSED
)
(Rulemaking
-
Water)
NEW 35 ILL. ADM. CODE 302.307
)
AND AMENDMENTS TO 35 ILL. ADM.)
CODE 302.207 AND 302.525
)
NOTICE OF FILING
TO: See Attached Service List
PLEASE TAKE NOTICE that on September 16, 2005, we filed with the Office of
the Clerk of the Pollution Control Board an original and ten copies ofthe attached
RESPONSE TO MOTION TO FILE SUPPLEMENTAL PUBLIC COMMENT,
a copy
ofwhich is served upon you.
Respectfully submitted,
THE CITY OF JULIET
By:___
One of Its Attorneys
Roy M. Harsch
GARDNER CARTON & DOUGLAS LLP
191 Wacker Drive
—
Suite 3700
Chicago, Illinois 60606
(312) 569-1000
THIS FILING PRINTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~~ED
IN THE MATTER OF:
)
SEP 162005
REVISIONS TO RADIUM WATER
)
R04-21
STATE OF ILLINOIS
QUALITY STANDARDS: PROPOSED
)
(Rulemaking
—
Water) Pollution Control Board
NEW 35 ILL. ADM. CODE 302.307
)
AND AMENDMENTS TO 35 ILL. ADM.)
CODE 302.207 AND 302.525
)
RESPONSE TO MOTION TO FILE SUPPLEMENTAL PUBLIC COMMENT
The City of Joliet (“Joliet”), by its attorneys Gardner Carton & Douglas LLC and
pursuant to 35 IL. Adm. Code 102.108(b), responds to Water Remediation Technology
LLC’s (“WRT”) Motion to File Supplement Public Comment.
1.
WRT appears to claim that Joliet did not timely disclose data to WRT, and
consequently WRT would be materially prejudiced if it was not permitted to respond to
the “other information” in Joliet’s comments. It is true that Joliet sought and was given
concurrence to ask for an extension of the comment period to allow Joliet to collect data
from a number of municipalities and provide it in Joliet’s comment to the Board. At no
time did Joliet state that it was limiting its comments to the data and did not include such
a limitation in the motion it filed. The Board granted the motion to allow all parties to file
comments by the extended date.
2.
Joliet provided all the data it had in its possession by agreed upon date in
order to allow parties time to review it and comment prior to the extended comment
deadline. As clearly explained in the attached letter from Mr. Dennis Duffield to the
undersigned dated September 8, 2005, Joliet did not receive the data from the
Metropolitan Water Reclamation District of Greater Chicago (“MWRDGC”) until after
that date. This additional data from the MWRDGC was supplemental to and corroborated
the data Joliet already provided to WRT.
3.
The MWRDGC data demonstrates that WRT’s claim, that the “issues of
disagreement in the record are site specific to Joliet,” is just plain wrong.
4.
WRT is not a respondent to Joliet; it is a participant just as Joliet is, and
WRT does not have a special right to get “the last word,” nor to receive advance notice of
timely filed comments by every other party. Joliet has not had that right with respect to
WRT or others.
WHEREFORE, the City of Joliet responds that WRT’s motion to file yet more
comments should be denied.
CITY OF JULIET
By:___
One ofit’s Attorneys
Dated: September 16, 2005
GARDNER, CARTON & DOUGLAS
Roy M. Harsch
Sheila H. Deely
Gardner Carton & Douglas LLP
191 North Wacker Drive
Suite 3700
Chicago, Illinois 60606
(312) 569-1441
CERTIFICATE OF SERVICE
The undersigned certifies that he has served upon the individuals named on the
attached Notice of Filing true and correct copies of
RESPONSE TO MOTION TO FILE
SUPPLEMENTAL PUBLIC COMMENT
by First Class Mail, postage prepaid, on
September 16, 2005.
c2~
R 04-21 SERVICE LIST
Deborah J. Williams
Stephanie N. Diers
Illinois Environmental Protection Agency
1021 N. Grand Avenue, East
P.O. Box 19276
Springfield, IL 62794-9226
Dennis L. Duffield
City of Joliet
Department ofPublic Works & Utilities
921 E. Washington Street
Joliet, Illinois 60431
Albert F. Ettinger
Environmental Law & Policy Center
35 East Wacker Drive, Suite 1300
Chicago, Illinois 60601
Matthew J. Dunn
Office of the Attorney General
Environmental Bureau
188 West Randolph,
20th
Floor
Chicago, Illinois 60601
Stanley Yonkauski
Illinois Department of Natural Resources
One Natural Resources Way
Springfield, Illinois 62702-1271
RoseMarie Cazeau
Office of the Attorney General
Environmental Bureau
188 West Randolph,
20th
Floor
Chicago, Illinois 60601
Dorothy M. Gunn
Amy Antoniolli
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
William Seith
Total Environmental Solutions
631 E. Butterfield Road, Suite 31
5
Lombard, Illinois 60148
Claire A. Manning
Brown, Hayes & Stephens LLP
700 First Mercantile Bank Building
P.O. Box 2459
Springfield, Illinois 62705-2459
John McMahon
Wilkie & McMahon
8 East Main Street
Champaign, Illinois 61820
Richard Lanyon
Metropolitan Water Reclamation District
100 East Erie Street
Chicago, Illinois 60611
Lisa Frede
CICI
2250 E. Devon Avenue, Suite 239
Des Plaines, Illinois 60018
Abdul Khalique
Metropolitan Water Reclamation District
Of Greater Chicago
6001 W. Pershing Road
Cicero, Illinois 60804
Jeffrey C. Fort
Letissa Carver Reid
Sonnenschein Nath & Rosenthal
8000 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606-6404
CUb!! 12441435.1
CITY OF
JOLIET
September 8, 2005
Mr. Roy M. Harsch
Gardner, Carton and Douglas, LLP
191 Wacker Drive, Suite 3700
Chicago, IL 60606
Reply to:
921 E. Washington ST
Joliet, IL 60433
Re:
Revisions to Radium Water Quality Standards
Illinois Pollution Control Board Rulemaking
R04-21
Dear Mr. Harsch:
Thank you for pointing out to me that Water Remediation Technology has filed a
motion with the Illinois Pollution Control Board requesting to submit additional
comments because Joliet did not disclose that information other than water quality
sampflng would be provided. It was my understanding that the extension of the public
comment period until August 15, 2005 applied to all public comments, not specifically
the data gathered in Joliet’s sampling program. None of the others filing public
comments disclosed to Joliet the information that would be included in their comments.
WRT also argues that Joliet did not provide the sampling data from the
Metropolitan Water Reclamation District of Greater Chicago Lemont Plant by August 1,
2005. Joliet was not in possession of the data on August 1, 2005. The information was
provided to Joliet in a letter dated August 3, 2005 and received in my office on August 5,
2005. I reviewed the data during the preparation of the final comments and it was
included as a supplement to the data previously provided. It demonstrated that the
plant does not discharge effluent that meets the 3.75 pico-curies per liter proposed
standard.
DEPARTMENT OF PUBLIC WORKS
AND UTILITIES
815/724-4230
815/723-7770
FAX
150 WEST JEFFERSON STREET
JOLIET, ILLINOIS 60432-4 158
Page 2
Mr. Roy Harsch
September 8, 2005
I would disagree with WRT that the issues of disagreement in the record are site-
specific to Joliet and are not of general applicability. The data provided indicates that
deep wells discharging to waste will create water quality violations that are generally
applicable to all deep well communities. Other data indicates that some wastewater
treatment plants are not capable of reliably meeting the proposed 3.75 pico-curies per
liter standard and that those plants discharging to low flow streams may not be able to
meet the standard on an annual average basis.
Please provide this information to the Illinois Pollution Control Board as a part of
your response to the WRT motion.
Sincerely,
Dennis L. Duffi~
Director of Public Works & Utilities
I:\Public_Utilities\1 Water and Sewer Development Program 2003\W&SDP2003\Radium compliance
W&SDP2003\wastedisposalradium\2nd first notice\Letter to Roy responding to WRT’s motion.doc
