1. page 1
    2. page 2
    3. page 3
    4. page 4
    5. page 5
 
B A X T E R
iwwio
4
WOODMAN
ConsuhingI''iginerrs
8678 RIdgeli, Id Road
('.viii I A,, II . 6111112
H I ri
159, 1260
Fax 815 .15 .ft1511
iuli,4uba,u, 'oudnrdu .rml,
QR/GINAL
Ms. Dorothy Gunn
Illinois Pollution Control Board
100 West Randolph Street
James R. Thompson Center, Suite 11-500
Chicago, Illinois 60601-3218
RECEIVEDCLERK'S
OFFICE
DEC 7 2 2006
Pollution
STATE OF
Control
ILLINOISBoard
December 20, 2006
PUBLIC COMMENT
Subject : Proposed Amendments to Dissolred Oxygen Standard
35 IlL Adm. Code 302.206; Pollution Control Board Docket R04-25
Dear Ms. Gunn :
Baxter & Woodman, Inc
. would like to register its support for the Illinois Association
of Wastewater Agencies (IAWA) petition R04-25 . We have followed this rulemaking
closely and believe that the evidence in the record supports the petitioner's position
.
We submit that the rulemaking record shows the existing water quality standard for
dissolved oxygen (DO) to be in need of updating and that the IAWA's proposal as
amended offers an appropriate modification of this standard by combining the
expectation of ability to protect Illinois waters, enforceability by the Illinois
Environmental Protection Agency (IEPA), improved attainability by the regulated
community when compared with the existing standard and with the competing
proposal in the rulemaking, and sound basis in science .
While otherwise fairly similar to the IAWA's proposal as amended, the competing
joint agency proposal by the Illinois Department of Natural Resources and the IEPA
introduces a two-tier water quality standard and includes July in the season requiring
additional protection due to the presence of early life stages of fish
. We support
neither of these deviations from the IAWA proposal
.
We concur with the IA WA's assessment of the two-tier water quality standard for
oxygen as premature in light of the already initiated but incomplete work sponsored by
IAWA on developing a proposal for a tiered use designation system in Illinois and as
unsupported by the evidence presented for the rulemaking record . We particularly
support the IAWA's position that adopting a tiered DO standard without due regard
for all potentially significant causative factors including habitat and physical
characteristics of the receiving water body is not justified, appropriate, or necessary at
this time . Instead of introducing a tiered component to the water quality standard for
 
Ms
. Dorothy Gunn
December 20, 2006
Illinois Pollution Control Board
06SMKTLM .002 • Page 2
DO in Illinois at this time, we are convinced that time should be allowed to complete
the development of a defensible habitat-based tiered use designation system reflective
of all appropriate data, and only then should the development of tiered water quality
standards, including that for DO, proceed as appropriate
. In the meantime, we believe
that the IAWA's proposal as amended will provide a suitable update of the general use
water quality standard for DO
.
We are also convinced that the joint agency proposal to include July in the season
protective of the early life stages of fish is unnecessary and that it will result in a less
attainable but not necessarily more protective standard than the IAWA's proposal
.
We share IAWA's concern that an unattainable standard for DO may have far reaching
consequences in that it could eventually lead to unnecessary listings of segments as
impaired for DO, with the associated stakeholder impacts, including the potential for
misguided expenditure of public funds
. Consequently, we believe the IAWA's
proposal to be more appropriate than the joint agency proposal
.
In summary, we support the IAWA's petition as amended and encourage its adoption
by the Board
. We suggest the Board postpone adopting tiered water quality standards,
including the joint agency proposal in this rulemaking, until a tiered use designation
system has been developed in Illinois .
We appreciate the opportunity to submit our comments .
Very truly yours,
Very truly yours,
BAXTER & WOODMAN, INC
.
BAXTER & WOODMAN, INC.
CONSULTING ENGINEER
CONSULTING ENGINEERS
Darrel R . Gavle, P
.E.
Pavel Hajda, PhD
DRG:py
PH:py
C:
Service List
1 .\Non-client\IAWA\II'CB DO I22006.doc
 
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF :
)
PROPOSED AMENDMENTS TO
)
R04-25
DISSOLVED OXYGEN STANDARD 35 ILL . )
(Rulemaking - Water)
ADM . CODE 302 .206
)
NOTICE OF FILING
TO :
SEE ATTACHED SERVICE LIST .
PLEASE TAKE NOTICE that on Wednesday, December 20, 2006, we filed by first class
U.S
. mail with proper postage prepaid, the attached PUBLIC COMMENTS with the Clerk of the
Pollution Control Board, a copy of which is herewith served upon you .
BAXTER & WOODMAN, INC
.
CONSULTING ENGINEERS
PI- I
:Py
Notary Public
WrMVPt"-sA1E0cVj=OFFICIAL
OMOWFMIIM
W001111111111=011,0111"N"
BY:
1
Pavel Hajda, Engineer
Pavel Hajda
Baxter & Woodman, Inc.
8678 Ridgefield Road
Crystal Lake, Illinois 60012
(815) 459-1260
CERTIFICATE OF SERVICE
I, Pavel Hajda, being duly sworn on oath, certify that I caused a copy of the attached
PUBLIC COMMENT to be sent via first class U .S . main to the individuals identified on the
attached service list, at their addresses as shown, with proper postage prepaid, from 8678
Ridgefield Road, Crystal Lake, Illinois, at or near the hour of 4 :00 p .m., this 20`h
day of
December 2006.
SUBSCRIBED and SWORN to before
me this 20`h say of December 2006
?Z4 q0a~-
I :ANon-clientAIA W AANoticcofFlling.doc
 
Michael G . Rosenberg, Esq .
Louis Kollias
Metropolitan Water Reclamation District
100 E Erie St
Chicago, IL 60611
Matthew J. Dunn
Office of the Attorney General
188 W Randolph, 20th Floor
Chicago, IL 60601
Deborah J. Williams
Stefanie N . Diers
Illinois Environmental Protection Agency
1021 N Grand Ave East, P .O . Box 19276
Springfield, IL 62794-9276
Roy M . Harsch
Sheila H . Deely
Gardner Carton & Douglas
191 N Wacker Dr, Ste 3700
Chicago, IL 60606-1698
Claire A. Manning
Brown, Hay & Stephens LLP
700 First Mercantile Bank Building
205 S Fifth St
Springfield, IL 62705
Katherine D . Hodge
Hodge Dwyer Zeman
3150 Roland Ave, P .O. Box 5776
Springfield, IL 62705-5776
John Donahue
City of Geneva
22 S First St
Geneva, IL 60134
N
. LaDonna Driver
Illinois Environmental Regulatory Group
3150 Roland Ave
Springfield, IL 62703
SERVICE LIST
Page l of 2
Bernard Sawyer
Metropolitan Water Reclamation District
6001 W Pershing Rd
Cicero, IL 60650
Lisa Frede
Chemical Industry Council of Illinois
2250 E Devon Ave, Ste 239
Des Plaines, IL 60018
James L. Daugherty
Thorn Creek Basin Sanitary District
700 West End Ave
Chicago Heights, IL 60411
Tracy Elzemeyer
American Water Company
727 Craig Rd
St. Louis, Mo 63141
Margaret P . Howard
Hedinger Law Office
2601 S Fifth St
Springfield, IL 62703
Frederick D . Keady, P.E .
Vermilion Coal Co
1979 Johns Dr
Glenview, IL 60025
Fred L. Hubbard
16 W Madison, P.O . Box 12
Danville, IL 61834
W.C. Blanton
Blackwell Sanders Peper Martin LLP
4801 Main St, Ste 1000
Kansas City, MO 64112
Dorothy M . Gunn
Richard McGill
Illinois Pollution Control Board
100 W Randolph St, Ste 11-500
Chicago, IL 60601
 
Dennis L. Duffield
City of Joliet
Dept of Public Works & Utilities
921 E Washington St
Joliet, IL 60431
Bloomington Normal Water Reclamation Dist
P .O. Box 3307
Bloomington, IL 61702-3307
Larry Cox
Downers Grove Sanitary District
2710 Curtiss St
Downers Grove, IL 60515
Tom Muth
Fox Metro Water Reclamation District
682 State Route 31
Oswego, IL 60543
Stanley Yonkauski
William Richardson
Illinois Dept of Natural Resources
One Natural Resources Way
Springfield, IL 62702-1271
Erika K
. Powers
Barnes & Thornburg
1 N Wacker Dr, Ste 4400
Chicago, IL 60606
Albert Ettinger
Environmental Law & Policy Center
35 E Wacker Dr, Ste 1300
Chicago, IL 60601
Todd Main
Friends of the Chicago River
407 S Dearborn, Ste 1580
Chicago, IL 60605
Vicky McKinley
Evanston Environmental Board
223 Grey Ave
Evanston, IL 60202
Marc Miller
Michael J . Fischer
Office of Lt
. Governor Pat Quinn
Room 214 State House
Springfield, IL 62706
Irwin Polls
Ecological Monitoring and Assessment
3206 Maple Leaf Dr
Glenview, IL 60025
Dr. Thomas J. Murphy
2325 N Clifton St
Chicago, IL 60614
Richard McGill
Illinois Pollution Control Board
100 West Randolph Street
James R. Thompson Center, Suite 11-500
Chicago, Illinois 60601-3218
Page 2 of 2

Back to top