BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
VILLAGE OF CASEWILLE, ILLINOIS,
1
a municipal corporation,
)
Petitioner,
1
VS.
PCB#
ILLINOIS
ENVIRONMENTAL PROTECTION
j
AGENCY,
1
Respondent.
PETITION FOR REVIEW
NOW COMES Petitioner, Village of Caseyville, Illinois, by and through its attorneys,
Kaufhold
&
Associates, P.C., and pursuant to Section
40(a)(l) of the Illinois Environmental Protection
Act "Act" (415 ILCS 5140.2) and 35
111.Adm.Code
5105.204, hereby requests a hearing before the
Illinois Pollution Control Board to review the March 31, 2006 final determination of Respondent,
Illinois Environmental Protection Agency, denying the permit for the Caseyville
-
Forest Lakes
Development Trunk Sewer.
1.
Petitioner, Village of Caseyville, Illinois is a municipal corporation duly organized and
existing under the laws of the State of Illinois.
2.
Petitioner submitted an Application for Permit regarding the construction, ownership
and operation of the Caseyville
-
Forest Lakes Development Trunk Sewer to the Respondent, Illinois
Environmental Protection Agency.
3.
Respondent originally issued Permit No. 2005-HB-3 134 on April 13,2005 (Exhibit 1)
allowing the construction, ownership and operation of the Caseyville
-
Forest Lakes Development
Trunk Sewer,
4.
A substantial portion of the Caseyville
-
Forest Lakes Development Trunk Sewer was
installed following the issuance of Permit No. 2005-HB-3134,
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 4, 2006
* * * * * PCB 2006-164 * * * * *
5.
Respondent
thereafter requested additional information and acknowledges receipt of the
supporting documents on January 4,2006.
6.
By correspondence dated March 3
1,2006 (Exhibit 2), the Respondent has now reversed
its previous decision and issued a final determination denying the requested permit and indicating the
reasons for denial were that:
a.
the issuance of the permit would threaten, cause or allow the discharge of
contaminants which might cause or tend to cause water pollution in Illinois;
b.
the Petitioner failed to submit proof to the Respondent that the issuance of the
permit will not cause a violation of the Act or the regulations adopted by the Act; and,
c. the project is not completely in the Granite City facility planning area.
7.
Petitioner appeals the final determination of Respondent stating that the denial is
arbitrary and capricious and further that a substantial portion of the trunk sewer has been constructed in
detrimental reliance of the original issuance of Permit No. 2005-HB-3134 on April 13,2005.
WHEREFORE, Petitioner, Village of Caseyville, hereby respectfully requests that the Illinois
Pollution Control Board sets a hearing to review the March 31, 2006 final determination of
Respondent, Illinois Environmental Protection Agency, denying the permit for the Caseyville-Forest
Lakes Development Trunk Sewer and for any other relief the Illinois Pollution Control Board deems
appropriate.
Kevin C.
Kauihold, IL# 6180 95
KAUFHOLD
&
ASSOCIATES, P.C.
5
11 1 West Main Street
P.O. Box 23409
Belleville, IL 62226
(618)235-3580
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 4, 2006
* * * * * PCB 2006-164 * * * * *
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached Petition for Review by regular
US. Mail upon the following person:
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
and by electronic delivery upon the following person:
Illinois Pollution Control Board
Attn: Clerk
James R. Thompson Center
100 W. Randolph
Suite 11 -500
Chicago, IL 60601
KAUFHOLD
&
ASSOCIATES. P.C.
By:
5 11 1 West Main Street
P.O. Box 23409
Belleville, Illinois 62226-0409
(618) 235-3580
ATTORNEYS FOR PETITIONER,
VILLAGE OF CASEYVILLE
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 4, 2006
* * * * * PCB 2006-164 * * * * *
ILLINOIS ENVIRONMENTAL PROTECTION
AQENCY
WATER
POLLUTION CONTROL PERMIT
LOG
NUMBERS:
3134-05
(
2725-04
)
PERMIT NO.:
2006-1-18-31
34
FINAL PLANS, SPECIFICATIONS, APPLICATION
AND SUPPORTING DOCUMENTS
PREPARED
BY:
Burns
8.
McOonnell
SUBJECT: CASEWILLE- Forest
Lake Development Trunk Sewer
(
City of Granite City Sewage Treatment Plant) --Sanitary Sewer Permit
PERMITEE TO CONSTRUCT, OWN AND OPERATE
Village of Cascyville
809 Main Street
Caseyvillc. Illinois 62232
Permit is hereby granted to the above designated
permittee(s) to construct
andlor operate water pollution control facilities
described as follows (quantities are approximate):
7129 feet of 12 inch sanitary
sewor
and 27 manholes to
oewc future development area of
approximalely 490 acres
Wlth 3
proposed ultimate load of
2567
P.E.
(0
P.E..
0
GPD,
DAF) located
thmughout the village with discharge to an
oxisting
12
inch
sanitary sewer tributary to the above indicated sewage treatment plant.
This Permit is issued subject to the following Special
Condition(s). If such
Speclsl
ConUition(s)
reQUlre(s)
additional
Or revised
facilitie~,
satisfactory engineering plan documents must be submitted to this
Agonoy for review and spproval for issuance
OF
3 Supplemental Permit.
SPECIAL
CONOlTlON
1:
Any connections to this sanitary sewer
enenslan must
De
in
accordance with the
latest Revisions
of Title 35. Subtitle
C. Chapter
1.
Perlnits
must
be obtained if
roquired by
enid regulations.
SPECIAL CONDITION 2: If this project is located within a wetlands, the
US
Army Corps of Engineers may require a
permit
for construction pursuant to Section 404 Of the Clean water Act.
SPECIAL CONDITION 3: The Permittee to Construct shall be
resoonsible for obtaining an NPOES Storm Water Permit prior
to initiating construction
il:
the construction activities sssociatcd with this project will result in the disturbance of one
(11 Or
more
acres total land
arca.
An NPDES Storm
Water Permit
may
be obtained by submitting
a
properly
completed Notice of lntcnt
(NOI) form by
cettified
mail to the Agency's Division
of Water Pollution Control -
Perm11
Section.
SPECIAL CONDITION 4: horizontal
andlor vertical separation
aetween any sanitary sewers and water mains must be
in
conformance with Section
370.350
of the Illinois
Rocommended Standards for
Sewage Works.
Page
1
of 2
THE STANDARD CONDITIONS OF ISSUANCE INDICATED ON THE REVERSE
SIDE
MUST
BE
COMPLIED
WITH
IN
FULL. READ
ALL
CONDITIONS CAREFULLY
SAK:MRA:j:\docs\r~ermits\statecon\ashrafi\313405.wpcl DIVISION OF WATER POLLUTION CONTROL
cc:
EPA
-
Collinsville FOS
Ru~ns
&
tvlcDonnell
Metro East Sanitary District
city
of
Granlle
Clty
Records
- Municipal
Binds
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 4, 2006
* * * * * PCB 2006-164 * * * * *
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
WATER POLLUTION CONTROL PERMIT
LOG NUMBERS:
3134-05 (
2725-04
)
PERMIT NO.:
2005-HE-31 34
FINAL
PLANS,
SPECIFICATIONS,
APPLICAl-ION
AND SUPPORTING
DOCUMENTS
PREPARED BY:
Burns
&
McDonnell
SUBJECT: CASEWILLE- Forest Lake Development Trunk Sewer
( City of Granite City Sewage Treatment
Plant ) -
Sanitary Sewer Permit
SPECIAL CONDITION 5: The
operational
porhon of this permit is
centingent upon completion of construction and
start of
oporation of all
downstream
transporting and
trcbting facilities,
IssUsnCe of
this
permit
is
not to
De
construed as
Agcncy
~Q~CXment
that the downstream transporting and treating facilities will be completed
in
time
to
seNQ
this
project.
SPECIAL CONDITION 6: The proposed manholes shall be tested for watertightness in accordance with the
IlllnOiS
Recornmendcd Standards
for
Sewage Works Section 370.330
( e
)
( 2
).
SPECIAL CONDITION 7: The proposed sewer
line(s) shall be encased and insulated in
accorclance with
the Illinois
Recommended
Standards Section 370.340 where ground coverage is less than
3'-0".
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 4, 2006
* * * * * PCB 2006-164 * * * * *
Villagc
of
C,ascyviIIt:
909
Milin
St~cct
Cascyvillc, Illinois 62232
Rc:
CASEWKLE-
Forcst
Lilk~
Dcvcloplnenl
Trunk
Scwcr
T.ng
No(s).
001 3-06,
3134-05,
2725-04
Ocniul
This
Apwy
lies
rcvicwed
yoiu-
Applicntion
for
Pl;m~iL
imd
tl~c
suppolting
documents Cur
the
sul)jcxt
proj~ct
which wcrc
rcccived on
~&aty
4,2006. This
Agency
murt
dmy
the
pc1mi1
for
this
project
lor
tllc following
rcasons.
Sections 12
uld 39 of the
Environmental
Protcction Act
(Act),
4'1
5
lLCS
511 2
and 39,
prohibit.
thc
Agciicy
frow
issuine a
pcnnit for any
i'ncility which would
threaten,
cilusc or allow
thc discharge
of conlaininants
which
might
causc or
tend
lo cause
watcr
pollution
in
lllinois.
Scctioti
39
orlhc
Act
also
requires
an
applicant to submit proof to
thc
Agency that
thc
proposal facility
will
not
causc
a
violation
o.Ftlw
Acl or
ihc
rcgulntions adopted
pursu;mt to
thc Act.
In
addition to
thc
abovc
cited Sections of
the Act,
thc
pcrmit application docs not
fulffll
tlic
rcquircmcnrs
of35
Tll.
Adm.
Cndc
309.241.
Thc
following information,
tilarilicntion
nl-
corrections
muat
be
providcd
tnr
us to
ccwpletc our
tcchnionl
n-vi~w
mici
urc
to
bc
condcrcd
~pccific
reosons
why
ihr: Act and
thc
rcpl:ltions
adopted
pu~!~~~mt
lo
tl~c
Act
will not
bo
mct:
I.
It
lms wmc
lo
our
nttcntion
that
t11c
proposcd
projcct
pcrmin.ed
under 2005-HB-3'134
dnted
April 13. 2005 is not
co~nplctcly
in
file
Granitc
City
facility
plimnning
wen
(
FPA
).
Neceswy
;uncndmcnts
oftlie
FPAs
arc
required
lo
issuc
this
permit
or
my
sul~scqucnt
supplctncntals or
tribuhy
pcrmit.
%'his
d~niid
docs
not allow any operation
of
any trunk
scwer
modifictllions
which
miiy
hcive
been
cnnsrruc~cd
prior to
thc
Agcncy
constnlction
;lutliori;..ation.
Rw
Agcncy will bc
plcascd to
rccvaluiltc your
pcr~~t
application on
receipt of your
writtctl
recluest
slid
tllc
ncccssay
inhmation and documentation to
cc)rrcct or
clarify the
delicicncies
not&
abovc.
Thc
reviscd
c~pplicalion
will
be
considered
filed
on
chc
darc
[lux
thc
Aycncy
rccoivm
your
writion
requcst.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 4, 2006
* * * * * PCB 2006-164 * * * * *
Pnge
2
You
haw
the
light to
itppcitl
this
denial to
thcIllinojs Pollution
Control
Bond
within
n
35
day
pcriod
following
Ihc
tkrtc shown on
this
lcttcr.
Sh0ul.d
you
haw
any
questions
or
comments regarding
thc
above,
plcasc contact Mark
R.
Ashritfi
at
tthc
indicalcd
tclcphonc
number
and
address.
Sincerely,
&.
&
Alan
Kcllc~;
P.E.
Monagcr,
Pcrmit
Section
Division
of
Wntcr
Pollution Control
cc:
Bunis
L?
McDorlt~ll
Cascyvillc
Township
Me~ro
East
S~nita~y
District
City
of
Crenitc
City
Collinsvillc
Rcgion
Rinds
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 4, 2006
* * * * * PCB 2006-164 * * * * *
