BEFORE THE ILLINOIS POLLUTION CONTROL
BOAC'SIFFICD
RK'S OFFICE
MAR
2
1 2007
CITY OF JOLIET,
)
STATE OF ILLINOIS
Pollution Control Board
Petitioner,
)
v.
)
PCB 07 -
G
(Permit Appeal-Water)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
NOTICE OF FILING
TO:
Illinois Environmental Protection Agency
Illinois Pollution Control Board
Alan Keller
Dorothy M . Gunn
Division of Water Pollution Control
100 West Randolph
Manager, Permit Section
Suite 11-500
1021 North Grand Avenue East
Chicago, IL 60601
P.O
. Box 19276
Springfield, IL 62794-9276
PLEASE TAKE NOTICE that on March 21, 2007, we filed with the Office of the Clerk
of the Pollution Control Board an original and ten copies of the attached
Joliet's Petition for
Review,
a copy of which is served upon you
.
Respectfully submitted,
THE CITY OF JOLIET
By:
One of Its Attorneys
THIS FILING IS BEING SUBMITTED ON RECYCLED PAPER
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOARD
MAR 2 1 2007
CITY OF JOLIET,
STATE OF ILLINOIS
)
Pollution Control Board
Petitioner,
)
V .
)
PCB 07 -"1
(Permit Appeal-Water)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
PETITION FOR REVIEW
NOW COMES, Petitioner, THE CITY OF JOLIET (hereinafter, "Joliet"), by and through
its attorneys, DrinkerBiddleGardnerCarton, pursuant to Section 40 (a)(1) of the Illinois
Environmental Protection Act (415 ILCS 5/40(a)(1))
("Act") and 35 III
. Adm. Code ยง 105 .204
Subpart B, and petitions the Illinois Pollution Control Board ("Board") for review of the
February 16, 2007 modification of the Sewage Sludge Permit originally issued to Joliet by the
Illinois Environmental Protection Agency ("IEPA") on October 5, 2006
.
In support thereof, Joliet states as follows
:
1.
Joliet owns and operates three wastewater treatment plants in Joliet, Illinois
.
2 .
Joliet operates water pollution control facilities as part of its wastewater treatment
plant operations
. IEPA issued permit number 2001-SC-2708 which specifically allows Joliet to
apply sewage sludge from its wastewater treatment operations to agricultural lands
.
3 .
Joliet requested to renew and replace its permit number 2001-SC-2708 and on
October 5, 2006, IEPA Division of Water Pollution Control renewed and replaced the above
referenced permit with Permit Number 2006-SC-4784 ("October 2006 permit")
.
THIS FILING SUBMITTED ON RECYCLED PAPER
4.
IEPA issued Joliet's October 2006 permit with eight special conditions
. Joliet
was in agreement to all the special conditions except that of Special Condition number 2
.
5 .
Special Condition number 2 requires that the sludge being applied to the
agricultural land under the October 2006 permit " . .
.shall not cause the total accumulative
increase of Radium 226 and Radium 228 in soil to exceed 0
.1 pCi/g ."
6.
Pursuant to a request from Joliet, the IEPA filed on December 7, 2006 a request
for the Board to agree to extend the time period within which Joliet would have to appeal this
permit
. The Board accepted and docketed this request as PCB 07-38
. Subsequently during
negotiations, IEPA agreed to modify the permit to increase allowable Radium 226 and 228 in
soil level to 0
.4 pCi/g found in Special Condition 2
. The IEPA issued a modified permit number
2006-SC-4784-2 on February 16, 2007 ("February 16, 2007 Permit") (See Exhibit A)
.
7.
On March 1, 2007 the Board dismissed the PCB 07-38 appeal because Joliet did
not file a formal appeal
.
8 .
Joliet believes that there is no basis in law or fact to support the inclusion of
Special Condition number 2 as written in the February 16, 2007 Permit
.
9.
The regulations that apply to permits for sites receiving sludge for land
application are authorized under Section 35 of the Illinois Administrative Code Part 309 subpart
B and 35 Illinois Administrative Code Part 391 subpart B
. Pursuant to Section 35 Illinois
Administrative Code Part 309
.244, when the IEPA imposes conditions in a permit, such is
treated as a refusal by the IEPA to grant the permit thereby, entitling the applicant to appeal the
IEPA's decision pursuant to Section 40 of the Act
.
THIS FILING SUBMITTED ON RECYCLED PAPER
10 . Pursuant to Section 40 of the Act, the applicant has 35 days from the date it
receives its decision from the IEPA to petition the Board for a hearing to contest IEPA's
decision. 415ILCS 5/40(a)(1)(2006) .
11 . Joliet received its decision from IEPA via facsimile on February 20, 2007 and is
requesting hearing before the Board within the initial 35 day appeal period pursuant to
415 ILCS
5/40(a)(1)(2006) .
WHEREFORE, Petitioner, THE CITY OF JOLIET, petitions the Illinois Pollution
Control Board for a hearing on the IEPA's action to issue this sludge permit with Special
Conditions specifically, Special Condition 2 .
Respectfully submitted,
THE CITY OF JOLIET,
Petitioner,
By:
Dated: March 21, 2007
Roy M. Harsch, Esq.
Yesenia Villasenor-Rodriguez, Esq
.
DrinkerBiddleGardnerCarton
191 North Wacker Drive, Suite 3700
Chicago, Illinois 60606
(312) 569-1441 (Direct Dial)
(312) 569-3441 (Facsimile)
CHOI/ 12494015 .1
One of its Attorneys
THIS FILING SUBMITTED ON RECYCLED PAPER
E x h i Iii A
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
WATER POLLUTION CONTROL PERMIT
LOG NUMBERS: 3080-07 : 4784-06
PERMIT NO . : 2006-SC-4784-2
FINAL PLANS, SPECIFICATIONS, APPLICATION
AND SUPPORTING DOCUMENTS
PREPARED BY : Land Treatment Alternatives, Inc
.
SUBJECT : JOLIET EAST, WEST & AUX SABLE STPS
: Increase in Allowable Radium Concentration and Application on
Ice and/or Snow Covered Ground
PERMITTEE TO OWN AND OPERATE
City of Joliet
150 West Jefferson
Joliet, Illinois 60431
Supplemental Permit is hereby granted to the above designated permittee(s) to construct and/or operate water pollution control
facilities, which were previously approved under Permit 2006-SC-4784 dated October 5, 2006
. These facilities have been
revised as follows :
1 . Special Condition 2 of Permit No
. 2006-SC-4784 is hereby revised to read as follows :
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 .4 pCi/g .
2
. Now allowed under this permit is the application of sludge on ice and/or snow covered ground on the Herman Fritz property
located in the NW 1/4 of Section 10, Aux Sable Township, Grundy County, Illinois
.
This permit expires on September 30, 2011
.
All Standard and Special Conditions and provisions of the original permit are also applicable to this permit unless specifically
deleted or revised in this permit .
Page 1 of 1
DATE ISSUED
: February 16, 2007
SAK:JCH :j :\docs\permits\statecon\hutton\308007
cc :
EPA - Des Plaines FOS
Land Treatment Alternatives, Inc .
Records - Municipal
Alan Keller, P .E
Binds
Manager, Permit Section
THE STANDARD CONDITIONS OF ISSUANCE INDICATED ON THE REVERSE SIDE MUST BE COMPLIED WITH IN
FULL . READ ALL CONDITIONS CAREFULLY .
DIVISION OF WATER POLLUTION CONTROL
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached Petition to Review, by First
Class Mail, postage pre-paid on March 21, 2007 upon the following :
Illinois Environmental Protection Agency
Alan Keller
Division of Water Pollution Control
Manager, Permit Section
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Roy M. Harsch
THIS FILING SUBMITTED ON RECYCLED PAPER
