ORIGINAL
KAUFHOLD & ASSOCIATES, P.C .
ATTORNEYS AT LAW
Kevin C. Kaufhold
Duane C. Clarke*
Carrie P. Cravatta
May 4, 2006
Pollution Control Board
Attn: Clerk
100 West Randolph Street
James R. Thompson Center
Suite 11-500
Chicago, IL 60601-3218
RE :
Village of Caseyville v. IEPA
PCB No. 06-164
Dear Clerk :
Enclosed you will find a Petition for Review, Entry of Appearance and Notice of Filing in
regard to the above-referenced case. I have also enclosed our firm check no .7660 in the amount of
$75.00 for the filing fee . Copies have been forwarded to the Division of Legal Counsel for the Illinois
Environmental Protection Agency as indicated below
.
Thank you for your attention to this matter . If you need anything further, then please do not
hesitate to contact me
.
Very Truly Yours,
KAUFHOLD & ASSOCIATES, P .C .
By :
Duane C. Clarke
DCC/tw
Enclosures
cc :
Division of Legal Counsel, Illinois Environmental Protection Agency
5111 WEST MAIN STREET
P.O. BOX 23409
BELLEVILLE, ILLINOIS 62226
(618) 235-3580
FAX (618) 235-7150
*ILLINOIS AND MISSOURI
RECEIVED
CLERK'S OFFICE
MAY -
s
2006
STATE OF ILLINOIS
Pollution Control Board
ORm6uvAI
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
ENTRY OF APPEARANCE
I hereby file my appearance in this proceeding, on behalf of the Petitioner, Village of
Caseyville, Illinois
.
KAUFHOLD & ASSOCIATES, P.C
.
By :
Kevin C. Kaufhold - #6180295
5111 West Main Street
P.O. Box 23409
Belleville, Illinois 62226-0409
(618) 235-3580
ATTORNEYS FOR PETITIONER,
VILLAGE OF CASEYVILLE
RECEIVED
CLERK'S OFFICE
VILLAGE OF CASEYVILLE, ILLINOIS,
)
a municipal corporation,
)
MAY - G 206
Petitioner,
)
STATE OF ILLINOIS
Pollution Control Board
vs .
)
PCB# 06-164
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
Respondent
.
)
Re EOIV I
E®
MAY - 9 2006
CERTIFICATE OF SERVICE
STATE OF
ILLINOIS
Pollution Control Board
I, the undersigned, certify that I have served the attached Entry of Appearance by
regular U.S. 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
2
KAUFHOLD & ASSOCIATES, P.C
.
By : illl
//'(
Kev'n C. Kauthold - #6180295
5111 West Main Street
P.O. Box 23409
Belleville, Illinois 62226-0409
(618) 235-3580
ATTORNEYS FOR PETITIONER,
VILLAGE OF CASEYVILLE
ORIGINAL
RECEIVED
CLERKS OFFICE
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)(1) of the Illinois Environmental Protection
Act "Act" (415 ILCS 5/40.2) and 35 II1.Adm.Code § 105 .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 .
Petitioner, Village ofCaseyville, 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-3134 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 .
ILLINOIS
BEFORE THE
POLLUTION CONTROL BOARD
MAY
- 9 2006
VILLAGE OF CASEYVILLE,
a municipal corporation,
ILLINOIS,
)
)
STATE OF
ILLINOIS
Pollution
Control Board
vs .
Petitioner,
)
)
PCB# 06-164
ILLINOIS ENVIRONMENTAL
AGENCY,
PROTECTION
)
)
Respondent .
)
5
.
Respondent thereafter requested additional information and acknowledges receipt of the
supporting documents on January 4, 2006
.
6 .
By correspondence dated March 31, 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,
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. Kaufhold, IL# 61805
KAUFHOLD & ASSOCIATES, P.C .
5111 West Main Street
P.O. Box 23409
Belleville, IL 62226
(618)235-3580
2
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
WATER POLLUTION CONTROL PERMIT
LOG NUMBERS
:
3134-05 ( 2725.04)
PERMIT NO
. :
2006-HB-3134
FINAL PLANS, SPECIFICATIONS, APPLICATION
DATE ISSUED
:
APR
1 3 ?U05
AND SUPPORTING DOCUMENTS
PREPARED BY: Burns & McDonnell
SUBJECT: CASEWILLE-Forest Lake Development Trunk Sewer
( City of Granite City Sewage Treatment Plant) -- Sanitary Sewer Permit
PERMITTLE TO CONSTRUCT, OWN AND OPERATE
Village of caseyville
009 Main Street
Caseyville, Illinois 62232
Permit is hereby granted to the above designated permittee(s) to construct and/or operate water pollution control facilities
described as follows (quantities are approximate):
7129 feet of 12 inch sanitary sewer and 27 manholes to serve future development area of approximately 490 acres with a
proposed ultimate load of 2567 P . E. (0 P. E
.. 0 GPD, DAF) located throughout the village with discharge to an existing
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 Special Condition(s) requlre(s) additional or revised
facilities, satisfactory engineenng plan documents must be submitted to this Agency for review and approval for i3suance
of
a Supplemental Permit
.
SPECIAL CONDITION 1' Any connections to Ihis sanitary sewer extension must be in accordance with the latest Revisions
of Title 35 . Subtitle C, Chapter 1
Permits must be obtained if required by said regulations,
SPECIAL CONDITION 2 If this project is located within a wetlands, the U .S. 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 responsible for obtaining an NPDES Storm Water Permit prior
to initiating construction if the construction activities associated with this project will result in the disturbance of one (1) or more
acres local land area
.
An NPDES Storm Water Permit may be obtained by submitting a properly completed Notice of Intent
(NOI)
form by certified
mail to the Agency's Division of Water Pollution Control
- Permit Section
.
SPECIAL CONDITION
4
:
Horizontal and/or vertical separation between any sanitary sewers and water mains must be in
conformance with Section 370.350 of the Illinois Recommended 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 ldoes\pcrmltslstateconlashrafi1313405.wpd
DIVISION OF WATER POLLUTION CONTROL
cc :
EPA-CollinsvilleFOS
Burns & McDonnell
Metro East Sanitary District
Alan Keller. P.E
.
City of Granite City
Manager, Permit Section
Records
- Municipal
Rinds
I*
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
WATER POLLUTION CONTROL PERMIT
LOG NUMBERS
:
3134-05 ( 2725-04)
PERMIT NO
. :
2005-HB-3134
FINAL PLANS, SPECIFICATIONS, APPLICATION
DATE ISSUED
: APR
1 3 2005
AND SUPPORTING DOCUMENTS
PREPARED BY ; Burns & McDonnell
SUBJECT: CASEYVILLE- Forest Lake Development Trunk Sewer
(City of Granite City Sewage Treatment Plant)
-- Sandary Sewer Permit
SPECIAL CONDITION 5' The operational portion of this permit is contingent upon completion of construction and start of
operation of all downstream transporting and treating facilities . Issuance of this permit is not to be construed as Agency
agreement that the downstream transporting and treating facilities will be completed in time to servo this project
.
SPECIAL CONDITION G : The proposed manholes shall be tested for watertightness m accordance with the Illinois
Recommended Standards for Sewage Works Section 370,330 (e)
( 2) .
SPECIAL CONDITION 7: The proposed sewer line(s) shall be encased and insulated in accordance with the Illinois
Recommended Standards Section 370,340 where ground coverage is less than
3'-0"
.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
1021 NOUUii
Ui(ANO IWLNu
EASE
P,p, Box )27(.,
SrsINrnr11). 111 ONO",
6279'I-9276-( 2171782-3347
JAMS; R Trlct i'co
CENro1(, 100 Wy'i t4lNr,fli
i-,, SII,n- 11-.i(10, l,ln1 .A(;U,
IL 60601 -1;112) 8'14-6026
2) 7/752-0610
MAR 31 2006
Village of Caseyville
909 Main Street
Caseyvilie, Illinois 62232
Re: CASEYVILLE- Forest Lake Development Trunk Sewer
T.og No(s). 0013-06, 3134-05, 2725-04
Denial
Gentlerricn
:
fix
gency
has reviewed your Application for
Pcimit and
the
supporting documents
for the subject
project which were
received
on January 4, 2006 . This Agency must deny the penmlt Ibr this protect
for the following reasons .
Sections 12 and 39 of the Environmental Protection Act (Act), 415 ILCS 5/ 12 and 39, prohibit the
Agency from issuing a permit for any facility which would threaten, cause or allow the discharge
of contaminants
which
might cause or tend to cause water pollution in Illinois . Section 39
of
tlic Act
also requires an applicant to submit proof to the Agency that the proposed facility will not cause a
violation
of
the Act or the regulations adopted pursuant to the Act
.
In addition to the above cited Sections of the Act, the permit application does not fulfill the
requirements of 35 Ill. Adm. Code
309,241
.
The following information, clarification or corrections must be provided for
uS
to complete our
technical
review
and arc to be considered specific reusons
why
the Act and the regulations adopted
pursuant
to the Act
will not be
met :
I
.
It has come to our attention that the proposed project permitted under 2005-HB-3 134 dated
April 13, 2005 is not completely in the Granite City facility planning au'ca
( FPA )
. Necessary
amendments of the FPAs arc required to issue this permit or any subsequent supplemcntals or
tributary permit. 'Ibis denial does not allow any operation of any trunk sewer modifications
which may have been constructed prior to the Agency construction authorization
.
The Agency will be pleased to reevaluate your permit application on receipt of your written request
and the necessary information and documentation to correct or clarify the deficiencies noted above
.
The revised application will he considered filed on the (late that the
Agency receives your written
request
.
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Page 2
You have the right to appeal this denial to the Illinois Pollution Control Board within a 35 day period
following the date shown on this letter
.
Should you have any questions or comments regarding the above, please contact Mark R
. Ashralii
at the indicated telephone number and address
.
Sincerely,
Alan Kcllcr, P .E .
Manager, Permit Section
Division of Water Pollution Control
IAiFY}
SA ICMRA:J:\dots\permits\statecnn\ashraf \001306d .wpd
cc :
Bums & McDonnell
Cascyvillc Township
Metro Cast Sanitary District
City
of Granite City
Collinsville Region
Binds
