IN THE MATTER OF:
)
PROPOSED EXTENSION OF ADJUSTED STANDARD
)
APPLICABLE TO ILLINOIS-AMERICAN WATER )
COMPANY'S ALTON PUBLIC WATER SUPPLY
)
FACILITY DISCHARGE TO THE MISSISSIPPI RIVER )
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite. 11-500
Chicago, Illinois 60601
William Richardson, Chief Legal Counsel
Illinois Department of Natural Resources
One Natural Resource Way
Springfield, IL 62702
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P .O. Box 19274
Springfield, IL 62794-9274
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Pollution Control Board the attached MOTION FOR EXTENSION OF TIME TO FILE
RECOMMENDATION on behalf of the Illinois Environmental Protection Agency, a copy of which
is herewith served upon you .
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLINOIS
By
:
Thomas Andryk
ni
Assistant Counsel
Division of Legal Counsel
DATED: May 14, 2007
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
AS 2007-2
(Adjusted StandaWE
CLERK'S
C E
OFFICE
I V E D
MAY 1 5 2007
NOTICE OF FILING
Bradley S . Hiles
Pollution
STATE OF
Control
ILLINOIS
Board
Alison M . Nelson
Blackwell, Sanders, Peper, & Martin, LLP
720 Olive Street, 24t h Floor
St. Louis, Missouri 63101
Matthew J. Dunn
Division Chief, Environmental Enforcement
Illinois Attorney General
100 W . Randolph Street, 12th Floor
Chicago, IL 60601
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD RECEIVED
IN THE MATTER OF :
)
MAY
1 5 2007
PROPOSED EXTENSION OF ADJUSTED STANDARD)
AS 2007-2
STATE OF ILLINOIS
APPLICABLE TO ILLINOIS-AMERICAN WATER
)
(Adjusted Star
lon
Control Board
COMPANY'S ALTON PUBLIC WATER SUPPLY
)
FACILITY DISCHARGE TO THE MISSISSIPPI RIVER
)
MOTION FOR EXTENSION OF TIME TO FILE RECOMMENDATION
NOW COMES the Illinois Environmental Protection Agency ("Illinois EPA") by one of
its attorneys, Thomas M
. Andryk, and moves the Hearing Officer, pursuant to 35 Ill
. Adm. Code
101 .502 and 104
.416(a), to grant it an extension of time to file its response to the Petition of
Illinois American Water Company ("Illinois American" or "Petitioner") for an Adjusted
Standard, due on May 17, 2007, until June 16, 2007, an additional (30) days
. In support of its
request, the Illinois EPA states as follows
:
1 .
On April 2, 2007, Illinois American filed an Amended Petition for an Adjusted
Standard from 35 111
. Adm. Code 304.124, and 304
.106 with the Illinois Pollution
Control Board ("Board") for relief from the total suspended solids
("TSS"),
total
iron, and offensive discharges effluent limitations and requirements applicable to
its public water supply treatment plant located in the City of Alton, Madison
County, Illinois .
2.
On April 26, 2007, Illinois American filed a Certificate of Publication with the
Board pursuant to 415 ILCS 5/28 .1(d)(2004) and 35 111
. Adm. Code 104.408
and
104.410
certifying that notice of its Adjusted Standard Petition was published in
The Telegraph,
a newspaper circulated in the City of Alton, beginning April 16,
2007 and continuing through April 19, 2007
.
3 .
The Illinois EPA is required to respond to a Petition for Adjusted Standard within
forty-five (45) days of filing pursuant to 35 III
. Adm. Code 104 .416 .
4 .
The time required by Section 104
.416 has been inadequate for the Illinois EPA to
complete its internal technical review of Illinois American's Petition and finalize
its Recommendation .
5 .
In a telephone conversation on May 11, 2007, counsel for the Petitioner indicated
it would have no objection to the Illinois EPA's request for an additional thirty
(30) days to respond
.
6.
Petitioner will suffer no prejudice should the Illinois EPA be granted an extension
of time to respond to its Adjusted Standard petition
.
7.
An affidavit of Thomas M
. Andryk, one of the attorneys for Illinois EPA, is
attached hereto and by reference incorporated herein in support of Illinois EPA's
Motion for Extension of Time to File Recommendation
.
WHEREFORE, the Illinois EPA respectfully requests that the Hearing Officer grant it an
extension of time in which to respond to Illinois American Water Company's Petition for
Adjusted Standard for an additional thirty (30) days until June 16, 2007
.
Respectfully Submitted
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
DATED
: May 14, 2007
BY :
1021 N. Grand Ave
. East
Thomas M. Andryk
P
.O. Box 19276
Assistant Counsel
Division of Legal Counsel
Springfield, Illinois 62794-9276
(217) 782-5544
STATE OF ILLINOIS
)
SS .
COUNTY OF SANGAMON
)
SUBSCRIBED AND SWORN TO BEFORE ME
this 14
t~=_
day of
2007.
No
OFFICIAL SEAL
CATHERINE R
. HUNTER ~.'
:
MY
NOTARY
COMMISSION
PUBLIC, STATE
EXPIRES
OF
3ILLINOIS.14-2008'
.
:
•:
AFFIDAVIT
I, THOMAS M
. ANDRYK, being first duly sworn upon oath, depose and state as
follows :
1 .
I am employed by the Illinois Environmental Protection Agency as an Assistant
Counsel to the Bureau of Water
.
2.
As part of my duties I represent the Illinois EPA in the case
In the Matter
of::
Proposed Extension of Adjusted Standard Applicable to Illinois-American Water
Company's Alton Public Water Supply Facility Discharge to the Mississippi
River, PCB Case No
. AS - 2007 - 2 .
3 .
I have prepared the Agency's Motion for Extension of Time to File
Recommendation, and the contents thereof are true and correct to the best of my
knowledge.
4.
I contacted counsel for the Petitioner, Bradley S
. Hiles, on May 11, 2007
regarding the Illinois EPA's request for an extension of time to file its
Recommendation in this matter
. Mr
. Hiles indicated that Illinois American does
not object to an allowing Illinois EPA an additional thirty (30) days time to
respond to Illinois American Water Company's Adjusted Standard Petition and
file its Recommendation in this matter
.
FURTHER AFFIANT SAYETH NOT
Affiant
STATE OF ILLINOIS
COUNTY OF SANGAMON
Dorothy M . Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
William Richardson, Chief Legal Counsel
Illinois Department of Natural Resources
One Natural Resource Way
Springfield, IL 62702
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P
.O
. Box 19274
Springfield, IL 62794-9274
and mailing it from Springfield, Illinois on
indicated above
.
SUBSCRIBED AND SWORN TO BEFORE ME
this #l" day of j)'
(r _'
2007
Notary Public
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached
MOTION OF EXTENSION OF TIME
TO FILE RECOMMENDATION and NOTICE OF FILING
upon the person to whom it is directed, by
placing a copy in an envelope, with proper first class postage pre-paid, addressed to
:
CATHERINE R
. HUNTER
r:
MY COMMISSION EXPS
Bradley S . Hiles
Alison M . Nelson
Blackwell, Sanders, Peper, & Martin, LLP
720 Olive Street, 24 th Floor
St . Louis, Missouri 63101
Matthew J . Dunn
Division Chief, Environmental Enforcement
Illinois Attorney General
100 W . Randolph Street, 12" Floor
Chicago, IL 60601
N
, 2007 with sufficient postage affixed as
aOo- ( AtI&, 0'-
rD
THIS FILING IS SUBMITTED ON RECYCLED PAPER
