BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIV
ED
NOV
1 01 ,
2006
CITY OF JOLIET,
STATE OF
ILLINOIS
)
POIIution Control Board
Petitioner,
)
v.
)
PCB
Water - Ninety Day Extension
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
NOTICE
Dorothy Gunn, Clerk
Roy Harsch
Pollution Control Board
GARDON, CARTON & DOUGLAS
100 West Randolph Street
191 N
. Wacker Drive
Suite 11-500
Suite 3700
Chicago, Illinois 60601
Chicago, Illinois 60606-1698
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the Pollution Control
Board a REQUEST FOR NINETY DAY EXTENSION OF APPEAL PERIOD
of the Illinois
Environmental Protection Agency, a copy of which is herewith served upon you .
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:
Sanjay K. Sofat
Assistant Counsel and Special Assistant Attorney General
Division of Legal Counsel
Dated: November 14, 2006
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING PRINTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BO
RECEIVED
.CBHRK'S
OFFICE
NOV
1
6 2006
STATE OF ILLINOIS
CITY OF JOLIET,
)
Pollution Control Board
Petitioner,
)
v.
)
PCB o1
-3
Water - Ninety Day Extension
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
REQUEST FOR NINETY DAY EXTENSION
OF APPEAL PERIOD
NOW COMES Respondent, Illinois Environmental Protection Agency ("Illinois EPA"), by and
through one of its attorney, Sanj ay K
. Sofat, Assistant Counsel and Special Assistant Attorney General,
and Petitioner, CITY OF JOLIET, located in the City of Joliet in Will County, Illinois, ("Petitioner"),
and pursuant to Section 40(a)(1) of the Illinois Environmental Protection Act ("Act") (415 ILLS
5/40(a)(1)), respectfully requests the Illinois Pollution Control Board ("Illinois PCB") to grant an
extension of the thirty-five (35) day period for petitioning for a Board hearing in this matter
. In support
thereof, the Illinois EPA respectfully states :
1 .
On or about October 5, 2006, the Illinois EPA issued a final determination of the land
application of Sewage Sludge permit # 2006-SC-4784 to the Petitioner . (See attached
Exhibit A)
2.
On or about October 12, 2001, Petitioner made a written request to the Illinois EPA
asking that the thirty-five (35) day period for a hearing be extended to ninety days (90).
(See attached Exhibit B)
3.
The additional time requested by the parties may eliminate the need for a hearing in this
2
matter, or in the alternative, allow the parties to identify and limit the issues to be
addressed at the Board hearing that may be necessary to resolve this matter .
4.
Counsel for Petitioner has reviewed the request for the extension of the thirty-five (35)
day period and agrees with the contents of the request .
WHEREFORE the parties respectfully request that the Illinois PCB, in the interest of
administrative and judicial economy, grant this request for extension of the thirty-five (35) day
appeal period for an additional period of time not to exceed ninety (90) days .
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY, Respondent
By
:
Sanjay K . Sofat
Assistant Counsel and Special Assistant Attorney
General
1021 North Grand Avenue East
P .O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING PRINTED ON RECYCLED PAPER
3
STATE OF ILLINOIS
)
SS
COUNTY OF SANGAMON
)
Dorothy Gunn, Clerk
Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
SUBSCRIBW AND SWORN BEFORE ME
THIS I U
DAY OF November, 2006
.
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached
REQUEST FOR NINETY
DAY EXTENSION OF APPEAL PERIOD
upon the persons to whom it is directed, by placing a
copy in an envelope addressed to
:
Roy Harsch
GARDON, CARTON & DOUGLAS
191 N. Wacker Drive
Suite 3700
Chicago, Illinois 60606-1698
I
~ 1114
11 PAY &
OFFICIAL SEAL
r
: BRENDA BOEHNER
NOTARY PUBUC, STATE OF IWNOIS {
MY COMMISSION EXPIRES 11
.5 .2009
THIS FILING PRINTED ON RECYCLED PAPER
4
FINAL PLANS, SPECIFICATIONS, APPLICATION
AND
SUPPORTING DOCUMENTS
PREPARED BY: Land Treatment Alternatives
SUBJECT
: JOLIET EAST, WEST AND AUX SABLE STPS-Land Application of Sewage Sludge
PERMITTEE TO OPERATE
City of Joliet
150 West Jefferson
Joliet, Illinois 60431
Permit is hereby granted to the above designated permittee(s) to operate water pollution control facilities described as follows
.
Application of approximately 4500 dry tons per year of anaerobically digested sewage sludge to agricultural lands at rates not
to exceed the agronomic nitrogen demand of the crop grown .
This operating permit expires on September 30, 2011 .
This permit renews and replaces Permit Number 2001 -SC-2708 which was previously issued for the herein permitted facilities
.
This Permit is issued subject to the following Special Condition(s)
. If such Special Condition(s) require(s) additional or revised
`acilities, satisfactory engineering plan documents must be submitted to this Agency for review and approval for issuance of
a Supplemental Permit .
SPECIAL CONDITION 1
: Sludge applied to land under this permit shall be incorporated within 24 hours or one working day,
whichever is least .
SPECIAL CONDITION 2
: Sludge applied to land under this permit shall not cause the total accumulative increase of Radium
226 and Radium 228 in soil to exceed 0 .1 pCi/g .
SPECIAL CONDITION 3
: The increase in soil radium shall be calculated by determining the pCi/g applied per acre divided by
total grams of soil and sludge per acre
. Such calculations shall assume a plow zone depth of 12 inches and a soil density of
90 pounds per cubic foot
. The quantity of radium applied per acre shall be based on the results of samples of the subject
sludge, taken in accordance with Special Condition 4 of this permit, and the agronomic application rate of the sludge being
applied to land .
Page 1 of 4
THE STANDARD CONDITIONS OF ISSUANCE INDICATED ON THE REVERSE SIDE MUST BE COMPLIED WITH IN
FULL
. READ ALL CONDITIONS CAREFULLY
.
SAK:JCH
:478405
DIVISION OF WATER POLLUTION CONTROL
cc :
EPA -
Des Plaines FOS
Land Treatment Alternatives, Inc
.
Records
Binds
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
WATER POLLUTION CONTROL PERMIT
LOG NUMBERS : 4784-2005
PERMIT NO . :
2006-SC-4784
Alan Keller, P E .
Manager, Permit Section
DATE ISSUED
: October 5, 2006
READ ALL CONDITIONS CAREFULLY :
STANDARD CONDITIONS
The Illinois Environmental Protection Act (Illinois
Revised Statutes Chapter 111-12
. Section 1039) grants
the Environmental Protection Agency authority to
impose conditions on permits which it issues .
1 . Unless the construction for which this permit is
issued has been completed, this permit will expire
(1) two years after the date of issuance for permits
to construct sewers or wastewater sources or (2)
three years after the date of issuance for permits to
construct treatment works or pretreatment works .
2 . The construction or development of facilities
covered by this permit shall be done in compliance
with applicable provisions of Federal laws and
regulations, the Illinois Environmental Protection
Act, and Rules and Regulations adopted by the
Illinois Pollution Control Board .
3 . There shall be no deviations from the approved
plans and specifications unless a written request
for modificationn of the project, along with plans and
specifications as required, shall have been
submitted to the Agency and a supplemental
written permit issued .
4 . The permittee shall allow any agent duly
authorized by the Agency upon the presentations
of credentials :
a . to enter at reasonable times, the permittee's
premises where actual or potential effluent,
emission or noise sources are located or
where any activity is to be conducted pursuant
to this permit ;
b . to have access to and copy at reasonable
times any records required to be kept under
the terms and conditions of this permit
;
c . to inspect at reasonable times, including
during any hours of operation of equipment
constructed or operated under this permit,
such equipment or monitoring methodology or
equipment required to be kept, used,
operated, calibrated and maintained under
this permit ;
d . to obtain and remove at reasonable times
samples of any discharge or emission of
pollutants ;
e . to enter at reasonable times and utilize any
photographic, recording, testing, monitoring or
other equipment for the purpose of preserving,
testing, monitoring, or recording any activity,
discharge, or emission authorized by this
permit .
5 .
The issuance of this permit :
a .
shall not be considered as in any manner
affecting the title of the premises upon which
the permitted facilities are to be located
;
bb does not release the permittee from any
liability for damage to person or property
caused by or resulting from the construction,
maintenance, or operation of the proposed
facilities ;
c . does
not release the permittee from
compliance with other applicable statutes and
regulations of the United States, of the State
of Illinois, or with applicable local laws,
ordinances and regulations
;
d .
does not take into consideration or attest to
the structural stability of any units or parts of
the project ;
e .
in no manner implies or suggests that the
Agency (or its officers, agents or employees)
assumes any liability, directly or indirectly, for
any loss due to damage, installation,
maintenance, or operation of the proposed
equipment or facility .
6 .
Unless a joint construction/operation permit has
been issued, a permit for operating shall be
obtained from the agency before the facility or
equipment covered by this permit is placed into
operation .
7 .
These standard conditions shall prevail unless
modified by special conditions .
8 .
The Agency may file a complaint with the Board for
suspension or revocation of a permit
:
a .
upon discovery that the permit application
contained misrepresentations, misinformation
or false statement or that all relevant facts
were not disclosed
; or
b . upon finding that any standard or special
conditions have been violated
; or
c .
upon any violation of the Environmental
Protection Act or any Rules or Regulation
effective thereunder as a result of the
construction or development authorized by
this permit .
FINAL PLANS, SPECIFICATIONS, APPLICATION
AND SUPPORTING DOCUMENTS
PREPARED BY
: Land Treatment Alternatives
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
WATER POLLUTION CONTROL PERMIT
LOG NUMBERS
: 4784-2005
PERMIT NO
.: 2006-SC-4784
SUBJECT
: JOLIET EAST, WEST AND AUX SABLE STPS-Land Application of Sewage Sludge
SPECIAL CONDITION 4
: The permittee shall maintain a record of the quantities of sludge applied to specific field(s) and the
accumulative total of radium applied to said field(s)
.
SPECIAL CONDITION 5
: Sludge, which is to be land applied, shall be sampled for radium and reported at the same frequency
as specified in Special Condition 7 of this permit
. Radium concentrations shall be reported as picocuries per gram, dry weight
basis
. The sludge sample shall consist of a composite sample of not less than 6 grabs
.
SPECIAL CONDITION 6
: For the duration of this permit, the permittee shall determine the quantity of sludge produced by the
treatment facility in dry tons or gallons with a percent total solids analysis
. The permittee shall maintain adequate records of
the quantities of sludge produced and have said records available for Agency inspection
. The permittee shall submit to the
Agency a semi-annual summary report of the quantities of sludge generated and disposed (in units of dry tons) by different
disposal methods including but not limited to application on farmland, application on reclamation land, landfilling, public
distribution, dedicated land disposal, sod farms, storage lagoons or any other specified disposal method
. Said reports shall
be submitted to the Agency by January 31 and July 31 of each year reporting the preceding July through December and
January through June sludge disposal operations respectively
.
The permittee shall submit the semi-annual sludge
management report to the following address
:
Illinois Environmental Protection Agency
Bureau of Water
Compliance Assurance Section
Mail Code #19
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
SPECIAL CONDITION 7
: For the duration of this permit, the permittee shall sample all different sludges being applied to land
or publicly distributed on a monthly basis for the Joliet East and West STPs and on a quarterly basis for the Joliet Aux Sable
STP
. The permittee shall chemically analyze said samples in accordance with the recommended procedures contained in the
latest edition of Standard Methods for the Examination of Water and Wastewater for the following parameters
:
Page 2 of 4
DATE ISSUED
: October 5, 2006
In addition to the above parameters, anaerobically digested sludge shall also be tested for volatile acids
. The results of these
analyses shall be submitted to this Agency on a monthly basis for the Joliet East and West STPs and on a quarterly basis for
the Joliet Aux Sable STP
. The permittee shall update the sludge application rate utilizing all sludge analyses obtained after
'he previous sludge application period
.
Nutrients
Metals
Other
Total Kjeldahl Nitrogen
Cadmium
pH
Ammonia Nitrogen
Copper
% TS
Phosphorus
Lead
% VS
Potassium
Manganese
Nickel
Zinc
READ ALL CONDITIONS CAREFULLY
:
STANDARD CONDITIONS
The Illinois Environmental Protection Act (Illinois
Revised Statutes Chapter 111-12
. Section 1039) grants
the Environmental Protection Agency authority to
impose conditions on permits which it issues .
1 .
Unless the construction for which this permit is
issued has been completed, this permit will expire
(1) two years after the date of issuance for permits
to construct sewers or wastewater sources or (2)
three years after the date of issuance for permits to
construct treatment works or pretreatment works .
2 .
The construction or development of facilities
covered by this permit shall be done in compliance
with applicable provisions of Federal laws and
regulations, the Illinois Environmental Protection
Act, and Rules and Regulations adopted by the
Illinois Pollution Control Board .
3 . There shall be no deviations from the approved
plans and specifications unless a written request
for modification of the project, along with plans and
specifications as required, shall have been
submitted to the Agency and a supplemental
written permit issued .
4 . The permittee shall allow any agent duly
authorized by the Agency upon the presentations
of credentials :
a . to enter at reasonable times, the permittee's
premises where actual or potential effluent,
emission or noise sources are located or
where any activity is to be conducted pursuant
to this permit ;
b . to have access to and copy at reasonable
times any records required to be kept under
the terms and conditions of this permit
;
c
. to inspect at reasonable times, including
during any hours of operation of equipment
constructed or operated under this permit,
such equipment or monitoring methodology or
equipment required to be kept, used,
operated, calibrated and maintained under
this permit ;
d . to obtain and remove at reasonable times
samples of any discharge or emission of
pollutants ;
e . to enter at reasonable times and utilize any
photographic, recording, testing, monitoring or
other equipment for the purpose of preserving,
testing, monitoring, or recording any activity,
discharge, or emission authorized by this
permit .
5 . The issuance of this permit :
a .
shall not be considered as in any manner
affecting the title of the premises upon which
the permitted facilities are to be located
;
b
does not release the permittee from any
liability for damage to person or property
caused by or resulting from the construction,
maintenance, or operation of the proposed
facilities
;
c . does not release the permittee from
compliance with other applicable statutes and
regulations
of
Illinois,
of
or
the
with
United
applicable
States, of
local
the
laws,State
ordinances and regulations ;
d . does not take into consideration or attest to
the structural stability of any units or parts of
the project ;
e .
in no manner implies or suggests that the
Agency (or its officers, agents or employees)
assumes any liability, directly or indirectly, for
any loss due to damage, installation,
maintenance, or operation of the proposed
equipment or facility
.
6 . Unless a joint construction/operation permit has
been issued, a permit for operating shall be
obtained from the agency before the facility or
equipment covered by this permit is placed into
operation .
7 .
These standard conditions shall prevail unless
modified by special conditions .
8 .
The Agency may file a complaint with the Board for
suspension or revocation of a permit
:
a .
upon discovery that the permit application
contained misrepresentations, misinformation
or false statement or that all relevant facts
were not disclosed ; or
b . upon finding that any standard or special
conditions have been violated ; or
c . upon any violation of the Environmental
Protection Act or any Rules or Regulation
effective thereunder as a result of the
construction or development authorized by
this permit .
FINAL PLANS, SPECIFICATIONS, APPLICATION
AND SUPPORTING DOCUMENTS
PREPARED BY : Land Treatment Alternatives
SUBJECT
: JOLIET EAST, WEST AND AUX SABLE STPS-Land Application of Sewage Sludge
SPECIAL CONDITION 8 :
A. Sludge shall be applied to sites within the following guidelines
:
1 .
Sludge shall not be applied to sites during precipitation .
2 . Sludge shall not be applied to sites which are saturated or with ponded water .
3.
Sludge shall not be applied to ice or snow covered sites .
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
WATER POLLUTION CONTROL PERMIT
LOG NUMBERS : 4784-2005
PERMIT NO . : 2006-SC-4784
DATE ISSUED
: October 5, 2006
4.
Frozen land, which is not ice or snow covered and has a slope of 5% or less, may be used for land application of
sludge provided a 200 foot grassy area exists between the sludge applied land and any surface water or potable water
supply well .
B. It is not recommended that sludge be applied to sites :
1 . When precipitation is imminent,
2 . Which have received greater than 1/4 inch rainfall within the 24-hour period preceding the intended sludge application
time .
C. Sludge shall not be applied to land which lies within 200 feet from a community water supply well, potable water supply
well, surface waters or intermittent streams or within one-fourth of a mile of any potable water supply wells located in
consolidated bedrock such as limestone or sinkhole areas unless a 50 foot depth of non-sandy or non-gravelly
unconsolidated material exists . In no case shall sludge be applied within 400 feet of a community water supply well
deriving water from an unconfined shallow fractured or highly permeable bedrock formation or from an unconsolidated and
unconfined sand and gravel formation .
D. Sludge shall not be applied to sites during the periods in which the seasonal high water table rises within 3 feet of the
surface at the site
.
E . Sludge shall only be applied to land with a background soil pH of 6 .5 or greater unless lime or other suitable materials are
applied to the site prior to sludge application to raise the soil pH to a minimum of 6 .5.
F . Sludge amended land shall have a crop grown and harvested pursuant to normal agricultural practices
.
G. The delivery and application of sludge, and the choice of an application site, shall be made so as to minimize the emission
of odors to nearby residents taking into account the direction of wind, humidity and day of the week
.
Page 3 of 4
READ ALL CONDITIONS CAREFULLY
:
STANDARD CONDITIONS
The Illinois Environmental Protection Act (Illinois
Revised Statutes Chapter 111-12
. Section 1039) grants
the Environmental Protection Agency authority to
impose conditions on permits which it issues
.
1 .
Unless the construction for which this permit is
issued has been completed, this permit will expire
(1) two years after the date of issuance for permits
to construct sewers or wastewater sources or (2)
three years after the date of issuance for permits to
construct treatment works or pretreatment works .
2 .
The construction or development of facilities
covered by this permit shall be done in compliance
with applicable provisions of Federal laws and
regulations, the Illinois Environmental Protection
Act, and Rules and Regulations adopted by the
Illinois Pollution Control Board
.
3 .
There shall be no deviations from the approved
plans and specifications unless a written request
for modification of the project, along with plans and
specifications as required, shall have been
submitted to the Agency and a supplemental
written permit issued .
4 .
The permittee shall allow any agent duly
authorized by the Agency upon the presentations
of credentials :
a. to enter at reasonable times, the permittee's
premises where actual or potential effluent,
emission or noise sources are located or
where any activity is to be conducted pursuant
to this permit
;
b . to have access to and copy at reasonable
times any records required to be kept under
the terms and conditions of this permit
;
c . to inspect at reasonable times, including
during any hours of operation of equipment
constructed or operated under this permit,
such equipment or monitoring methodology or
equipment required to be kept, used,
operated, calibrated and maintained under
this permit
;
d .
to obtain and remove at reasonable times
samples of any discharge or emission of
pollutants
;
e .
to enter at reasonable times and utilize any
photographic, recording, testing, monitoring or
other equipment for the purpose of preserving,
testing, monitoring, or recording any activity,
discharge, or emission authorized by this
permit .
5 . The issuance of this permit
:
a . shall not be considered as in any manner
affecting the title of the premises upon which
the permitted facilities are to be located ;
bb
does not release the permittee from any
liability for damage to person or property
caused by or resulting from the construction,
maintenance, or operation of the proposed
facilities ;
c .
does
not release the permittee from
compliance with other applicable statutes and
regulations of the United States, of the State
of Illinois, or with applicable local laws,
ordinances and regulations ;
d .
does not take into consideration or attest to
the structural stability of any units or parts of
the project ;
e .
in no manner implies or suggests that the
Agency (or its officers, agents or employees)
assumes any liability, directly or indirectly, for
any loss due to damage, installation,
maintenance, or operation of the proposed
equipment or facility .
6 . Unless a joint construction/operation permit has
been issued, a permit for operating shall be
obtained from the agency before the facility or
equipment covered by this permit is placed into
operation .
7 . These standard conditions shall prevail unless
modified by special conditions .
8 .
The Agency may file a complaint with the Board for
suspension or revocation of a permit :
a . upon discovery that the permit application
contained misrepresentations, misinformation
or false statement or that all relevant facts
were not disclosed ; or
b, upon finding that any standard or special
conditions have been violated
; or
c
. upon any violation of the Environmental
Protection Act or any Rules or Regulation
effective thereunder as a result of the
construction or development authorized by
this permit .
FINAL PLANS, SPECIFICATIONS, APPLICATION
AND SUPPORTING DOCUMENTS
PREPARED BY : Land Treatment Alternatives
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
WATER POLLUTION CONTROL PERMIT
LOG NUMBERS : 4784-2005
PERMIT NO . : 2006-SC-4784
SUBJECT : JOLIET EAST, WEST AND AUX SABLE STPS-Land Application of Sewage Sludge
H
. Sludge application shall not exceed the following maximum metal loading rates over the lifetime of a site (pounds per acre) .
1 . Soils with 5-15 meq/100 grams Cation Exchange Capacity (CEC) :
Page 4 of 4
DATE ISSUED
: October 5, 2006
2 . Soils with 0-5 meq/100 grams CEC shall apply only half the metal loading rates set forth in item 1(1) above .
3 . Soils with 15 or greater meq/100 grams CEC may apply double the total metal loading rates set forth in item 1(1) above,
however a supplemental permit shall be required for that specific site .
Sludge stored off the sewage treatment plant site shall be performed within the following guidelines :
1 . Off-site interim storage of liquid sludge shall not be allowed .
2 . Off-site interim storage of dried sludge in excess of 2 months shall not be allowed . In addition, measures shall be
taken to contain runoff and leachate from any dried sludge that is stored .
J .
Users applying sludge to sites greater than 300 acres under common ownership or control or users of more than 1500 dry
tons per year shall obtain a sludge user permit from this Agency unless the site is specifically identified in the permittee's
application .
K User information sheets, in conformance with the Design Criteria for Sludge Application on Land (Title 35, Subtitle C,
Chapter Il, Part 391), shall be provided by the permittee to all sludge users and shall be signed by sludge users requesting
more than 25 cubic yards . Records regarding sludge users shall be retained by the permittee for the duration of this permit
and 2 years after the expiration date of this permit .
Metal
Total Loadinq
Annual Loadinq
Cadmium
10
2
Nickel
100
Copper
250
Zinc
500
Manganese
900
Lead
1000
READ ALL CONDITIONS CAREFULLY :
STANDARD CONDITIONS
The Illinois Environmental Protection Act (Illinois
Revised Statutes Chapter 111-12
. Section 1039) grants
the Environmental Protection Agency authority to
impose conditions on permits which it issues .
1 . Unless the construction for which this permit is
issued has been completed, this permit will expire
(1) two years after the date of issuance for permits
to construct sewers or wastewater sources or (2)
three years after the date of issuance for permits to
construct treatment works or pretreatment works
.
2 . The construction or development of facilities
covered by this permit shall be done in compliance
with applicable provisions of Federal laws and
regulations, the Illinois Environmental Protection
Act, and Rules and Regulations adopted by the
Illinois Pollution Control Board .
3 . There shall be no deviations from the approved
plans and specifications unless a written request
for modification of the project, along with plans and
specifications as required, shall have been
submitted to the Agency and a supplemental
written permit issued .
4 .
The permittee shall allow any agent duly
authorized by the Agency upon the presentations
of credentials :
a .
to enter at reasonable times, the permittee's
premises where actual or potential effluent,
emission or noise sources are located or
where any activity is to be conducted pursuant
to this permit ;
b .
to have access to and copy at reasonable
times any records required to be kept under
the terms and conditions of this permit
;
c
. to inspect at reasonable times, including
during any hours of operation of equipment
constructed or operated under this permit,
such equipment or monitoring methodology or
equipment required to be kept, used,
operated, calibrated and maintained under
this permit ;
d . to obtain and remove at reasonable times
samples of any discharge or emission of
pollutants ;
e . to enter at reasonable times and utilize any
photographic, recording, testing, monitoring or
other equipment for the purpose of preserving,
testing, monitoring, or recording any activity,
discharge, or emission authorized by this
permit .
5 .
The issuance of this permit
:
a .
shall not be considered as in any manner
affecting the title of the premises upon which
the permitted facilities are to be located
;
bb
does not release the permittee from any
liability for damage to person or property
caused by or resulting from the construction,
maintenance, or operation of the proposed
facilities ;
c .
does not
release the permittee from
compliance with other applicable statutes and
regulations of the United States, of the State
of Illinois, or with applicable local laws,
ordinances and regulations
;
d,
does not take into consideration or attest to
the structural stability of any units or parts of
the project ;
e .
in no manner implies or suggests that the
Agency (or its officers, agents or employees)
assumes any liability, directly or indirectly, for
any loss due to damage, installation,
maintenance, or operation of the proposed
equipment or facility .
6 .
Unless a joint construction/operation permit has
been issued, a permit for operating shall be
obtained from the agency before the facility or
equipment covered by this permit is placed into
operation
.
7 .
These standard conditions shall prevail unless
modified by special conditions
.
8 .
The Agency may file a complaint with the Board for
suspension or revocation of a permit
:
a .
upon discovery that the permit application
contained misrepresentations, misinformation
or false statement or that all relevant facts
were not disclosed
; or
b .
upon finding that any standard or special
conditions have been violated
; or
c .
upon any violation of the Environmental
Protection Act or any Rules or Regulation
effective thereunder as a result of the
construction or development authorized by
this permit .
GCD
Gardner Carton & Douglas
ROY M . HARSCH
(312) 569-1441
Fax : (312) 569-3441
rharsch@gcd .co m
191 N . Wacker Drive, Suite 3700
Chicago, Illinois 60606-1698
Tel
312 569 1000 1
Fax 312 569 3000
w ww .gcd .com
VIA OVERNIGHT COURIER AND EMAIL
Sanjay K . Sofat
Assistant Counsel/Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Ave
. East
P.O . Box 19276
Springfield, IL 62794-9276
Re : City of Joliet
Sludge Application Permit
Log # 4784-2005
Permit # 2006-SC-4784
Dear Sanjay:
As we discussed I represent the City of Joliet who was issued a land application
of Sewage Sludge Permit dated October 5, 2006 . It was received on October 10, 2006 .
Joliet objects to the Radium limitation in Special Condition 2 .
Pursuant to Section 40 of the Environmental Protection Act, Joliet requests that
the Illinois Environmental Protection Agency submit a placeholder appeal with the
Illinois Pollution Control board which will allow time to hopefully resolve this issue
.
Please advise me as soon as possible if Illinois Environmental Protection Agency
will submit a placeholder appeal or not so I can proceed to file an appeal petition if
necessary.
Very truly yours,
November 9, 2006
Washington, D.C .
Milwaukee, WI
Albany, NY
New York, NY
Roy M. Harsch
cc:
Jim Eggen
Harold Harty
CH02/ 22468046-1
