BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF :
)
R04-25
DISSOLVED
PROPOSED AMENDMENTS
OXYGEN STANDARD
TO
))
(Rulemaking- Water)
RECEIVED
CLERKS OFFICE
35 ILL . ADM. CODE 302
.206
)
OCT 0 5 2006
Pollution
STATE OF
Control
ILLINOISBoard
TO
: SEE ATTACHED SERVICE LIST .
PLEASE TAKE NOTICE that on October 5, 2006, we filed the attached Motion for
Leave to File the Pre-Filed Testimony of Richard Lanyon On Behalf Of The Metropolitan
Water Reclamation District of Greater Chicago In Support Of Proposed Amendments To
Dissolved Oxygen Standard and the
Pre-Filed Testimony of Richard Lanyon On Behalf Of
The Metropolitan Water Reclamation District of
Greater Chicago In Support Of Proposed
Amendments To Dissolved Oxygen with the Clerk of the Pollution Control Board, a copy of
which is herewith served upon you
.
METROPOLITAN WATER RECLAMATION
DISTRICT
Y
OF GREATER CHICAGO
-_
"W'
By:
rederick M . Feldman, Its Attorney
MWRDGC
Frederick M . Feldman
Margaret T . Conway
100 East Erie
Chicago, IL 60611
Tel . (312) 751-6587
Fax (312) 751-6598
CERTIFICATE OF SERVICE
I,r~) ;
c h
I V
l
i
c
being duly sworn on oath, certify that I caused a copy of the
above Notice and attached Motion for Leave to File the Pre-Filed Testimony of Richard
Lanyon On Behalf Of The Metropolitan Water Reclamation District of Greater Chicago In
Support Of Proposed Amendments To Dissolved Oxygen Standard
and Pre-Filed Testimony of
Richard Lanyon On Behalf Of The Metropolitan Water Reclamation District of Greater
Chicago In Support Of Proposed Amendments To Dissolved Oxygen Standard to be sent via
first-class U .S. Mail to the individuals identified on the attached service list, at their address as
shown, with proper postage prepaid, from 100 East Erie Street, Chicago, Illinois, at or near the
hour of 4:30
p .m. this 5`h day of October, 2006 .
Subscribed and Sworn to
Before me this
5th
day of
O~ctober, 2006 .
iti U
No r
blic
NOTICE OF FILING
RCERMEivIC
D
OCT 0 5 2006
Pollution
STATE OF
Control
ILLINOIS
Board
ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF
:
)
PROPOSED AMENDMENTS TO R04-25
)
R04-25
DISSOLVED OXYGEN STANDARD 35 ILL
.
)
(Rulemaking - Water)
ADM
. CODE 302
.206
)
MOTION FOR LEA VE TO FILE PRE-FILED TESTIMONY OF
RICHARD LANYON ON BEHALF OF THE METROPOLITAN
WA TER
RECLAMATION DISTRICT OF GREATER CHICAGO IN SUPPORT OF
PROPOSED AMENDMENTS TO DISSOLVED OXYGEN
STANDARD
The Metropolitan Water Reclamation District of Greater Chicago ("District"), by its
Attorney, Frederick M
. Feldman, moves the Hearing Officer for leave to file the Pre-Filed
Testimony of Richard Lanyon on Behalf of the Metropolitan Water Reclamation District of
Greater Chicago in Support of Proposed Amendments to Dissolved Oxygen Standard, instanter
.
In support of its motion, the District states
:
1 .
On July 14, 2006, Hearing Officer Richard McGill entered an Order setting forth
the date and time of the fifth hearing in these proceedings
. In addition, the Order set forth that
any persons who wish to testify at the fifth hearing must pre-file their testimony and any related
exhibits with the Board no later than October 4, 2006
.
2 .
In compliance with the aforementioned Order, on October 2, 2006, the District
timely filed the pre-filed testimony of Louis Kollias, Director of Research and Development for
the District, with exhibits appended thereto
.
3.
The General Superintendent of the District, Richard Lanyon, also wishes to
submit a brief statement in supplement to the pre-filed testimony of Mr
. Kollias
.
1
4.
To expedite matters, the District has prepared and served along with this motion,
the
Pre-Filed Testimony of Richard Lanyon on Behalf of the Metropolitan Water Reclamation
District of Greater Chicago in Support of Proposed Amendments to Dissolved Oxygen Standard
.
5 .
In addition, if the instant motion is granted, Mr
. Lanyon requests that he be
allowed to testify immediately prior to Mr
. Kollias who is currently scheduled to testify on the
second day of the hearing, November 3, 2006
.
6.
No party will be prejudiced by allowing the District to submit the pre-filed
testimony of Richard Lanyon only one day after the deadline
.
7.
Mr
. Lanyon's testimony at the fifth hearing will further supplement and
complement the testimony of Louis Kollias, thereby providing the Board with vital information,
necessary to render a fully informed decision
.
WHEREFORE, the Metropolitan Water Reclamation District of Greater Chicago
respectfully requests leave to file instanter the
Pre-Filed Testimony of Richard Lanyon on Behalf
of the Metropolitan Water Reclamation District of Greater Chicago in Support of Proposed
Amendments to Dissolved Oxygen Standard
.
Metropolitan Water Reclamation District of
Greater Chicago,
October 5, 2006
Metropolitan Water Reclamation
District of Greater Chicago
100 East Erie
Chicago, Illinois 60611
312.751
.6587
Frederick M
. Feldman, Attorney
2
ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF :
)
PROPOSED AMENDMENTS TO R04-25
)
R04-25
DISSOLVED OXYGEN STANDARD 35 ILL .
)
(Rulemaking - Water)
ADM . CODE 302 .206
)
RECEIVED
CLERICS
OCT 0 5 2V5
Pollution
STATE OFConrro,1t_Llrus„g
; ,,,,,~
PRE-FILED TESTIMONY OF RICHARD LANYON ON BEHALF OF THE METROPOLITAN
WA TER RECLAMATION DISTRICT OF GREATER CHICAGO IN SUPPORT OF PROPOSED
AMENDMENTS TO DISSOLVED OXYGEN STANDARD
My name is Richard Lanyon
. In June 2006 I was appointed General Superintendent of the
Metropolitan Water Reclamation District of Greater Chicago ("District") . I am submitting the
following testimony on behalf of the District in support of the subject proposed amendments to
the dissolved oxygen (DO) standards for General Use waters in Illinois . Prior to June 2006, I was
the Director of Research and Development for the District for seven years and previously
testified in this proceeding in that capacity . I have been employed by the District since 1963 .
As General Superintendent, I am responsible for the day-to-day operations of the District, a
special purpose unit of local government with 2100 employees and an annual budget of $1
billion. The District is responsible for wastewater treatment for an 860-square-mile area in Cook
County serving a population of 5 million and a commercial and industrial wastewater load of an
equivalent population of 5 million . The District also operates the 78-mile long Chicago
Waterway System to provide an outlet for treated effluent and properly drain the metropolitan
area of excess stormwater . We are also responsible for stormwater management planning,
regulation and maintenance for all of Cook County .
I received both Bachelors and Masters of Civil Engineering degrees from the University of
Illinois at Urbana-Champaign ("UIUC") . I received the American Society of Civil Engineer's
National Government Civil Engineer of the Year Award in 1999 and Distinguished Alumnus of
the Department of Civil and Environmental Engineering at the UIUC in 2003
. I am also a past
President of the Illinois Section of the American Society of Civil Engineers (ASCE) and have
been involved in a variety of technical activities for ASCE, the Water Environment Federation,
the Illinois Association of Wastewater Agencies, the U
.S . Geological Survey and the National
Association of Clean Water Agencies .
Mr
. Louis Kollias, the District's Director of Research and Development will also provide
testimony in this proceeding focusing on the water quality impact of the proposed rule
. My
testimony will focus on the impact in the context of the District's budget and capital
improvement program and involvement in the Use Attainability Analysis (UAA) Studies of the
Chicago Area Waterways (CAWS) and Lower Des Plaines River (LDPR) .
The District previously submitted comments in support of the proposed amendments to 35 Ill
.
Adm
. Code 302 .206
. This testimony is being submitted to address certain other comments and
testimony that has been filed, and in support of the District's prior comments
.
As mentioned in my earlier testimony, the District is a principal participant in the UAA Studies
being conducted by the Illinois Environmental Protection Agency (IEPA) for the CAWs and
LDPR
. These studies include approximately 90 miles of waterways designated as Secondary
Contact and General Use
. Those designated as General Use include 4
.0 miles of the North Shore
Channel and 1 .6 miles of the Chicago River
. The remainder of the CAWs and LDPR is
designated as Secondary Contact
. The UAA Studies have demonstrated that based on water
quality monitoring data from many sources, the CAWs and LDPR are meeting most General Use
water quality standards at most locations for most of the time, except for bacteria and DO
. There
is no bacterial standard for the Secondary Contact use designation and effluents discharged into
these waters are not required to be disinfected
. In addition, all segments of the CAWs, and
LDPR, including the General Use reaches, are impacted by occasional combined sewer and
stormwater overflows containing bacterial contamination and oxygen-demanding substances
.
2
Certain reaches of the CAWs have deficient DO concentrations during periods of warm weather
and low flows
. As part of the CAWs UAA Study, the District, at the request of the IEPA, has
performed technical investigations of feasible technology to address the DO deficiencies
.
Various feasible technologies could cost from $200 to $360 million on a present worth basis to
correct the DO deficiencies during warm weather
. Completion of the District's Tunnel and
Reservoir Plan (TARP), expected by 2019, will address the temporary deficiencies in DO
concentrations caused by wet weather by capturing, storing and treating most combined sewer
overflows (CSOs)
. However, TARP completion alone will not address dry weather, low flow
conditions .
More thorough study of the complicated waterways system and the technologies and costs to
achieve compliance with DO standards is needed
. The District has recently begun further studies,
employing the resources of the Department of Civil and Environmental Engineering and the
National Center for Supercomputer Applications at the University of Illinois in Urbana-
Champaign and the U .S
. Geological Survey's Illinois Water Science Center, also in Urbana
. This
work will involve a complete bathymetric survey, additional flow measurement stations and
development of a three-dimensional hydraulic model using the U
.S . Environmental Protection
Agency's Environmental Fluid Dynamics Code
. This research effort will be funded by the
District at a cost of approximately $900,000
.
Approximately 70 percent of the annual flow leaving the CAWs at Lockport consists of treated
water reclamation plant effluent
. Effluent typically has high DO concentrations in the range 5 to
7 mg/L during dry weather
. Effluent also contains biological oxygen demand (BOD) and
suspended solids (SS) at concentrations less than 5 mg/L
. Therefore, the oxygen demanding
substances in the effluent easily consume the available oxygen in the effluent, making it difficult
for effluent alone to provide sufficient oxygen to maintain compliance with the DO water quality
standard .
It is for this reason that the District finds it necessary to provide supplemental aeration in
waterways downstream of effluent outfalls to meet the applicable standard
. Supplemental
aeration is necessary because the slow moving water is incapable of sufficient natural re-aeration
to maintain compliance with the standard
. However, supplemental aeration is not currently
3
available throughout the CAWs and LDPR
. It is probable that additional supplemental aeration
will have to be provided when a new DO standard is adopted .
The UAA Study for the LDPR has been completed and the current recommendation is for the
LDPR in the Brandon Road Pool to meet a minimum DO concentration of 4
.0 mg/L and the
General Use standard in the Dresden Island Pool
. The UAA Study for the CAWs is not complete,
but the draft report recommends that certain aquatic life use designations be adopted and that for
these uses, the General Use water quality standards be adopted with some minor modifications
.
The two proposed aquatic life use designations do not contemplate fish reproduction due to the
limited habitat
. Therefore, when the proposed rulemaking for the CAWs comes before the
Illinois Pollution Control Board (IPCB), it will have to include some other water quality standard
than is being proposed by either the IAWA or the IEPA/Illinois Department of Natural
Resources (IDNR) for General Use waters
.
As will be shown in the testimony of Mr
. Kollias, most of the monitoring locations in the CAWs
will not be able to meet the General Use standard for DO as proposed by the IEPA/IDNR
. Only
one location can meet the proposed IEPA/IDNR standard and this is in the Chicago River at
Clark Street
. Ironically, this is one location in the most limited aquatic use designation
recommended in the draft UAA Study report
. This segment of the Chicago River has high
quality water because it contains water brought in from Lake Michigan
. However, it is a straight
channel, 250 to 300 feet wide, 20 to 26 feet deep with vertical walls of concrete or steel, a sandy
substrate channel bottom, numerous thermal discharges from the cooling systems of high-rise
buildings and a high volume of boat traffic during warm weather months
. It is devoid of any
suitable habitat for the reproduction of fish
.
With respect to the eventual need for additional capacity for supplemental aeration to meet the
DO standards that result from the UAA Studies, the District will have to add these facilities to its
capital improvement program
. Currently, our capital resources are committed for infrastructure
replacement and rehabilitation through 2016 at the rate of approximately $150 million per year
.
Our ability to raise funds for capital improvement through bonding and to retire the debt through
ad valorem taxes is governed by state statute
. The IPCB will have to take this in consideration
4
when adopting standards requiring the District to expend capital funds for infrastructure to
comply with the standard.
Metropolitan Water Reclamation District of
Greater Chicago,
October 5, 2006
Metropolitan Water Reclamation
District of Greater Chicago
100 East Erie
Chicago, Illinois 60611
312 .751 .7900
5
Office of the Attorney General
Interested Party
188 W
. Randolph, 20th Floor
Chicago, IL 60601
Gardner, Carton & Douglas
Interested Party
191 N. Wacker Drive, Suite 3700
Chicago, IL 60606-1698
Sonnenschein, Nath & Rosenthal
Interested Party
8000 Sears Tower
233 S
. Wacker Drive
Chicago, IL 60606-6404
Illinois Environmental Regulatory Group
Interested Party
3150 Roland Avenue
Springfield, IL 62703
Thom Creek Basin Sanitary District
Interested Party
700 West End Avenue
Chicago Heights, IL 60411
Hedinger Law Office
Interested Party
2601 S . Fifth Street
Springfield, IL 62703
Fred L. Hubbard, Attorney at Law
Interested Party
16 West Madison, P.O
. Box 12
Danville, IL 61834-0012
Illinois Pollution Control Board
Interested Party
100 W. Randolph Street, Suite 11-500
Chicago, IL 60601
Bloomington/Normal Water Reclamation District
Interested Party
P.O. Box 3307
SERVICE LIST
2
IEPA
Respondent
1021 N . Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Hodge, Dwyer, Zeman
Interested Party
3150 Roland Avenue
P .O. Box 5776
Springfield, IL 62705-5776
Ross & Hardies
Interested Party
150 N . Michigan Avenue, Suite 2500
Chicago, IL 60601-7567
Chemical Industry Council of Illinois
Interested Party
2250 E
. Devon Avenue, Suite 239
Des Plaines, IL 60018-4509
American Water Company
Interested Party
727 Craig Road
St. Louis, MO 63141
Vermillion Coal Company
Interested Party
1979 Johns Drive
Glenview, IL 60025
Blackwell, Sanders, Peper, Martin LLP
Interested Party
4801 Main Street, Suite 1000
Kansas City, MO 64112
City of Joliet
Department of Public Works and Utilities
Interested Party
921 E . Washington Street
Joliet, IL 60431
Downers Grove Sanitary District
Interested Party
2710 Curtiss Street
Bloomington, IL 61702-3307
Fox Metro Water Reclamation District
Interested Party
682 State Route 31
Oswego, IL 60543
Dr
. Thomas J . Murphy
Interested Party
2325 N . Clifton Street
Chicago, IL 60614
Environmental Law & Policy Center
Interested Party
35 E
. Wacker, Suite 1300
Chicago, IL 60601
Office of Lt
. Governor Pat Quinn
Interested Party
Room 214 State House
Springfield, IL 62706
City of Geneva
Interested Party
22 South First Street
Geneva, IL 60134-2203
Friends of the Chicago River
Interested Party
22 South First Street
Geneva, IL 60134-2203
3
Downers Grove, IL 60515
Illinois Department of Natural Resources
Interested Party
One Natural Resources Way
Springfield, IL 62702-1271
Barnes & Thornburg
Interested Party
I N
. Wacker, Suite 4400
Chicago, IL 60606
Evanston Environment Board
Interested Party
223 Grey Avenue
Evanston, IL 60202
Ecological Monitoring and Assessment
Interested Party
3206 Maple Leaf Drive
Glenview, IL 60025
Brown, Hay & Stephens LLP
Interested Party
700 First Mercantile Bank Building
205 South Fifth Street
P .O. Box 2459
Springfield, IL 62705-2459
Richard J
. McGill, Jr ., Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, IL 60601
