BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
WESLEY BRAZAS, JR., ) PCB No. 06-131
)
Petitioner, )
) Appeal from IEPA decision
vs. ) granting modified NPDES Permit
)
JEFFREY R. MAGNUSSEN, )
PRESIDENT, VILLAGE OF )
HAMPSHIRE, AND THE )
ILLINOIS ENVIRONMENTAL )
PROTECTION AGENCY, )
)
Respondents. )
INTERROGATORIES
TO: Mr. Wesley J. Brazas, Jr.
44 W 331 Big Timber Road
Hampshire, IL 60140
NOW COMES the Respondents JEFFREY R. MAGNUSSEN, VILLAGE PRESIDENT
and VILLAGE OF HAMPSHIRE, and for their Interrogatories hereby request that Petitioner
provide written answers, on or before May 8, 2006, to the following written questions related to
his Petition for Review of a Decision by the Illinois Environmental Protection Agency:
1. State the name, current address and telephone number of the person providing
responses to these interrogatories.
ANSWER:
2. State whether you now hold or have ever held any professional engineering
license. As to any such license, indicate the licensing authority, and the period of time within
which said license was valid and in effect.
ANSWER:
3. If the answer to Interrogatory Number 2 above was yes, state whether said license
has ever been suspended or revoked. If yes, state the date on which such order of suspension or
revocation was issued, the licensing authority which issued said order, the length or duration of
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, APRIL 14, 2006
any suspension, the reason for issuance of such order, and the date on which such license was
thereafter reinstated, if applicable.
ANSWER:
4. Identify any and all ways that you are affected by the issuance of the modified
NPDES permit issued to the Village of Hampshire.
ANSWER:
5. Identify any and all means by which the Village of Hampshire provides EMS
services to you.
ANSWER:
6. Identify any and all means by which the Hampshire Fire Protection District
provides EMS services to you, including but not limited to the location from which said services
are delivered, any and all routes from such location to your place of residence and/or any
location at which said services would need to be delivered and the distance(s) thereof, and any
and all ways in which the delivery or EMS services to you will be affected by the issuance of the
modified NPDES permit for discharge of effluent from the wastewater treatment facility of the
Village of Hampshire into Hampshire Creek.
ANSWER:
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, APRIL 14, 2006
7. Identify any and all factors which support your statement that the water quality of
Hampshire Creek has been on a “precipitous decline,” and the time period during which said
“precipitous decline” has occurred.
ANSWER:
8. Identify any and all factors which you considered in making your statement that a
“suspected source” of the precipitous decline is discharge of effluent from Hampshire’s sewage
treatment plant.
ANSWER:
9. Identify any and all rules, regulations, ordinances, statutes or laws which support
your statement that “IEPA issues NPDES permits for discharges into receiving waters and has an
affirmative duty to ensure that the receiving waters are not degraded due to the single effect of a
permit applicant, but also to insure that the cumulative effects of all permits on said receiving
waters maintain the quality of water that is better than water quality standards, and prevent
unnecessary deterioration or waters of the state.”
ANSWER:
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, APRIL 14, 2006
10. Identify any and all factors, including other NPDES permits, upon which you rely
in concluding that “typical NPDES permits” state pollutant limits as load limits in lbs/day and
concentration limits in mg/l.
ANSWER:
11. Identify any and all factors upon which you rely in concluding that the Village of
Hampshire and/or IEPA must perform a study, prior to the issuance of a modified NPDES permit
“assuring that the increase in discharge, when combined with other sources, will not cause a
violation of any applicable water quality standard (as otherwise required by Special Condition
5).”
ANSWER:
12. Identify any and all factors upon which you rely in concluding that the Village of
Hampshire must report on radium present in the effluent of its wastewater treatment facility. As
to any such reporting requirement, state how often such reporting must be done, with what
person or agency such reporting is due, what information or data must be reported, and by date
any such reports filed by the Village.
ANSWER:
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, APRIL 14, 2006
13. Identify any and all factors upon which you rely in stating that the increase in
discharge from 1.5 mgd DAF and 4.17 mgd DMF “without evaluation of the results of Special
Condition 9 parameters unnecessarily jeopardizes the water quality of Hampshire Creek.”
ANSWER:
12. As to the evaluation identified in Interrogatory #13 above, identify any and all
ways in which the water quality of Hampshire Creek is jeopardized by the failure or omission of
such evaluation.
ANSWER:
13. Identify the average daily flow rate in the Village’s wastewater treatment facility,
over the past 3-5 years. As to any such daily flow rate(s), state the date of the rate.
ANSWER:
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14. Service of these Interrogatories upon you shall serve to confirm that the party
answering the same has a continuing duty, pursuant to Illinois Supreme Court Rules, to
supplement/update any information requested herein.
VILLAGE OF HAMPSHIRE, AND THOMAS
MAGNUSSEN, VILLAGE PRESIDENT
BY:
Mark Schuster
Schnell, Bazos, Freeman, Kramer, Schuster
& Vanek
STATE OF ILLINOIS )
) SS.
COUNTY OF KANE )
I, the undersigned, being first duly sworn on oath, deposes and states that these
Interrogatories were served by mailing a true copy thereof to the adverse attorneys herein in a
duly addressed and stamped envelope in the U.S. Mail at Elgin, Illinois, on the______ day of
____________, 2006.
Subscribed and Sworn to before me this
day of _________________ 2006.
Notary Public
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, APRIL 14, 2006
SIGNATURE FOR ANSWERS TO INTERROGATORIES
The foregoing Interrogatories have been answered by and are signed by:
Wesley J. Brazas, Jr.
STATE OF ILLINOIS )
) SS.
COUNTY OF KANE )
The undersigned, being first duly sworn on oath, deposes and says that he/she has read
the foregoing Answers to Interrogatories by him subscribed, and that he knows the contents
thereof, and that the same are true in substance and in fact to the best of his knowledge and
belief.
Subscribed and Sworn to before me this
day of _____________, 2006.
Notary Public
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, APRIL 14, 2006