BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
WESLEY BRAZAS, JR.,
)
RECEIVED
Petitioner
)
CLERK'S OFFICE
V .
)
PCB 06-131
JUN 0 9 2006
STATE OF ILLINU]b
MR. JEFF MAGNUSSEN, PRESIDENT )
(Appeal from IllinoRQVPW [I(Q9 it Board
VILLAGE OF HAMPSHIRE
)
granting modified NPDES permit)
and the
)
ILLINOIS ENVIRONMENTAL )
PROTECTION AGENCY,
)
Respondents
)
POST-HEARING BRIEF
NOW COMES the Respondent, the ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY ("Illinois EPA"), by one of its attorneys, James Allen Day, Assistant Counsel and
Special Assistant Attorney General, and hereby files its post-hearing brief in the above-captioned
matter.
I . ISSUE
Was the public notice for the permit at issue (NPDES permit 1L0020281) deficient due to
errors relating to the calculation of concentration and load limits? This issue was set forth in
Paragraph 24 of Mr. Brazas' amended petition
.
II .
ARGUMENT
The Petitioner bears the burden of proof in this matter. 415 ILCS 5/40(a)(1)(2004); 35 111. Adm .
Code 105.112(a). Mr. Brazas has failed to cite any support for the proposition that permit limits
must correspond according to the typical mathematical equation . In fact, no State or federal
statute or regulation includes such a requirement. Thus, Mr. Brazas' petition must fail, and the
permit be upheld, in light of his failure to establish that the perceived "flaw" in the public notice
was in fact violative of any legal standard
.
Although Mr. Brazas' failure to carry his burden of proof is sufficient grounds to resolve this
matter in favor of upholding the permit as proposed, for sake of clarification the Illinois EPA
nonetheless wishes to address the substance of the claim
.
III.
BACKGROUND
Hampshire sought the permit modification at issue in order to double the capacity of its
wastewater treatment plant, from 0 .75 mgd to 1.5 mgd. The Illinois EPA responded to the
application by issuing a draft permit and Public Notice Fact Sheet. The Fact Sheet noted that
mass load limits equal 8 .34 x (Design Average and/or Maximum Flow in MGD) x (Applicable
Concentration in mg/L). After reciting this standard formula, the Fact Sheet explained that,
"Section 303 (d) listed impacts, as well as concerns for continued degradation of the receiving
stream, led to restrictions on pollutant loading for the expanded (1 .5 MGD) plant. Further
increases in BOD and TSS loading are not allowed due to the documented dissolved oxygen
problems in Hampshire Creek. The permit for the expanded plant must therefore allow no
increase in loading from previously permitted levels. This will result in correspondingly lower
effluent concentrations of BOD and TSS. Similarly, because ammonia was also listed as a cause
of impairment, no loading increase may be allowed for this substance and likewise, lower
effluent concentrations will result. The result will be a very high quality effluent that will bring
about positive changes in both the biological and chemical condition of Hampshire Creek ."
2
IV .
ARGUMENT
The above-quoted statement from the Fact Sheet explains why the Illinois EPA held mass
load limits at the lower levels from the prior (existing) permit rather than the higher mass load
limits that would be produced by application of the standard formula. The Agency's decision to
hold those mass limits at the lower levels from the prior permit is also documented at Pages 271,
447, 528, 532 and 546 of the Agency Record .
The deviation from the standard formula does not violate any state or federal statute or
rule, and is motivated by the Illinois EPA's commitment to safeguard human health and the
environment .
Applying the standard formula would result in higher mass load limits and
improperly contribute to the degradation of a 303(d)-listed water .
V .
CONCLUSION
Mr. Brazas has failed to prove that the public notice for the permit at issue (NPDES
permit IL0020281) deficient due to errors relating to the calculation of concentration and load
limits .
The Board must uphold the Illinois EPA's issuance of the modified permit number
IL0020281 to the Village of Hampshire
.
3
Respectfully submitted,
DATED: June 6, 2006
Illinois Environmental Protection Agency
1021
North
Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING PRINTED ON RECYCLED PAPER
4
Illinois Environmental Protection Agency
is
ARM ~'' / `ik /s/
By :
ames Allen Day
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By :
/S/
James Allen Day
~
Assistant Counsel
Division of Legal Counsel
Dated: June 6, 2006
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING PRINTED ON RECYCLED PAPER
6
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on June 6, 2006, 1 have served electronically the
attachedPOST-HEARING BRIEF, upon
:
Dorothy M . Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite. 11-500
Chicago, Illinois 60601
And, by mailing it from Springfield, Illinois with sufficient postage affixed for
first class mail, upon the following :
Mark Schuster
Schnell, Bazos, Freeman, Kramer, Schuster & Vanek
1250 Larkin Avenue #100
Elgin, Illinois 60123
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
7
Wesley J. Brazas, Jr .
44W331 Big Timber Road
Hampshire, Illinois 60140
Jeffrey R. Magnussen
Village President
Village of Hampshire
234 South State Street
P.O. Box 457
Hampshire, Illinois 60140-0457
/S/
James Allen Day
Assistant Counsel
Illinois Environmental Protection Agency
