AMERICAN BOTTOM CONSERVANCY, )
Petitioner,
)
v .
)
ILLINOIS ENVIRONMENTAL )
PROTECTION AGENCY, and UNITED
)
STATES STEEL CORPORATION- )
GRANITE CITY WORKS,
)
Respondents .
)
To
:
Maxine L Lipeles
Interdisciplinary Environmental Clinic
Washington University School of Law
One Brookings Drive - Campus Box 1120
St. Louis, MO 63130-4899
Sanjay K. Sofat
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-92760
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
NOTICE OF FILING
RecEgVED
CLERK'S OFFICE
s
14
U
<<
rcos
PCB No. 2006-171
STATE OF ILLINOIS
Pollution Control Board
(NPDES Permit Appeal)
Edward Heisel
Interdisciplinary Environmental Clinic
Washington University School of Law
One Brookings Drive
- Campus Box 1 120
St. Louis, MO 63130-4899
PLEASE TAKE NOTICE that on June 30, 2006 there was filed with the Clerk of the
Illinois Pollution Control Board of the State of Illinois an original, executed copy of United
States Steel Corporation's Motion for Leave to File a Reply in Support of Motion to Dismiss and
United States Steel Corporation's Reply Memorandum in Support of Motion to Dismiss
.
Dated: June 30, 2006
Respectfully submitted,
U .
. Steel C rporatio
anite City Works
By
: (- ~
One of Its Atto
ys
Erika K. Powers, Esq .
Carolyn S. Hesse, Esq .
David T. Ballard, Esq
.
Barnes & Thornburg LLP
One North Wacker Drive
- Suite 4400
Chicago, Illinois 60606
(312)357-1313
Ifhis filing submitted on recycled paper as defined in 35 111. Adm. Code 101 .202/
CERTIFICATE OF SERVICE
I, on oath state that I have served the attached United States Steel Corporation's Motion
for Leave to File a Reply in Support of Motion to Dismiss and United States Steel Corporation's
Reply Memorandum in Support of Motion to Dismiss by placing a copy in an envelope
addressed to :
Maxine I. Lipeles
Interdisciplinary Environmental Clinic
Washington University School of Law
One Brookings Drive - Campus Box 1120
St. Louis, MO 63130-4899
Sanjay Sofat
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Edward Heisel
Interdisciplinary Environmental Clinic
Washington University School of Law
One Brookings Drive - Campus Box
1120
St. Louis, MO 63130-4899
from One North Wacker Drive, Suite 4400, Chicago, Illinois, before the hour of 5 :00 p.m ., on
this 30' Day of June, 2006
.
N
cAA1
Caroly S . Hesse
344042vI
This filing submitted on recycled paper as defined in 35 111. Adm. Code 101 .202
2
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
E
l
CLEHK ;,
dt t.=
5 OFFICE
AMERICAN BOTTOM CONSERVANCY, )
JUN
3
`,
CUl S
Petitioner,
)
STATE OP
ILLINOIS
POllutlon Control Board
v
.
)
PCB No. 2006-171
(NPDES Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY, and UNITED
)
STATES STEEL CORPORATION
-
)
GRANITE CITY WORKS,
)
Respondents .
)
UNITED STATES STEEL CORPORATION'S MOTION FOR LEAVE TO FILE A
REPLY IN SUPPORT OF MOTION TO DISMISS
Respondent, United States Steel Corporation
- Granite City Works ("U . S. Steel"), by its
attorneys and pursuant to 35 Ill. Adm. Code 101.500(e), moves the Board for leave to file a
Reply in Support of its Motion to Dismiss the American Bottom Conservancy's
("ABC")
Petition for Review of a Decision by the Illinois Environmental Protection Agency (the
"Petition"). In support of this Motion, U. S . Steel states as follows .
On May 8, 2006, ABC filed the Petition, seeking a review of the Illinois
Environmental Protection Agency's ("IEPA") issuance of a National Pollution Discharge
Elimination System ("NPDES") permit (Permit No. 1L0000329) on March 31, 2006 to U. S
.
Steel to allow the Granite City Works facility to discharge certain pollutants into Horseshoe Lake
(the "Final NPDES Permit")
.
2 .
On May 26, 2006, U. S. Steel filed a Motion to Dismiss all counts of ABC's
Petition .
With regard to all but one of ABC's claims, the basis of U . S. Steel's Motion to
Dismiss is that the issues raised in the Petition were not properly raised by ABC during the
[This
filing submitted on recycled paper as defined in
35 Ill.
Adm. Code
101 .2021
public comment period for the proposed NPDES Permit to be issued to U . S . Steel. According
to 415 ILCS 5/40(e)(2)(A), ABC's failure to raise the issues in the Petition during the public
comment period requires that such issues be dismissed with prejudice
.
3
.
On June 16, 2006, ABC filed its Opposition to U . S. Steel's Motion to Dismiss
.
In its Opposition, ABC argued that although it did not raise the issues contained in the Petition
during the 30-day public comment period, the public comment period was
dee facto
extended by
IEPA for a period of 14 months, such that ABC's comments were submitted within the extended
comment period
.
See
ABC's Opp. at 5
.
4
.
In support of its argument that IEPA
de
facto
extended the comment period, ABC
states that U . S. Steel submitted three comment documents to IEPA after the 30-day comment
period ended, thus demonstrating that the comment period was extended by 14 months . ABC's
citation to these documents, however, is misleading and needs to be clarified. Indeed, the three
documents ABC cites in support of its argument were not public comments on the draft permit
that were required to be submitted during the public comment period . Instead, these documents
were sent to IEPA to provide IEPA with specific information to assist IEPA as it was writing the
Final NPDES Permit .
5
.
Because ABC mischaracterizes the three documents that [I . S. Steel submitted to
IEPA after the public comment period ended, U . S. Steel seeks leave pursuant to 35 Ill . Admin .
Code 101 .500(e) to file a Reply in Support of its Motion to Dismiss, in order to address this
narrow issue and to prevent the material prejudice that will result from ABC's misleading
description of U . S. Steel's submissions .
'
The one claim that U . S. Steel is not moving to dismiss on this basis is ABC's claim that IEPA wrongfully denied
ABC's right to a public hearing. U .S . Steel is moving to dismiss this claim on the basis that the decision to hold a
public hearing is within IEPA's discretion
.
(This filing submitted on recycled paper as defined in 35 111. Adm. Code 101.2021
2
6 .
Attached to this Motion as Exhibit A is a proposed Reply in Support of Motion to
Dismiss that U . S. Steel seeks to file .
WHEREFORE, U. S. Steel requests that the Board grant this Motion for Leave to file the
attached Reply in Support of Motion to Dismiss, and grant all other relief that the Board deems
fair and just
.
Respectfully submitted,
U.S. Steel Corporation - Granite City Works
Erika K. Powers, Esq .
Carolyn S . Hesse, Esq
.
David T. Ballard, Esq
.
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
CHDSOI DTB 143710v1
By :
e
IThis filing submitted on recycled paper as defined in 35 III. Adm. Code 101 .2021
3
