IEPA ATTACHMENT
NO
N
January 14, 2004
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NO. 7002 2030 0007 7702 1644
Mr. Toby Frevert, Manager
Division of Water Pollution Control
Bureau of Water
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, Illinois 62794
Notice of Wading as a Prohibited Use in the Waterways
Dear Mr. Frevert:
This letter is being sent to put the Illinois Environmental Protection Agency (IEPA) on
notice that the Metropolitan Water Reclamation District of Greater Chicago (District) will
not tolerate any wading in the waterways under the District's jurisdiction, ownership, or
control. This letter is in response to the position the IEPA took at the December 16,
2003, Stakeholders Advisory Committee (SAC) meeting. At said meeting, the group
discussed the potential uses along two reaches of the North Shore Channel and one
reach of the North Branch of the Chicago River extending from North Avenue upstream
to the confluence with the North Shore Channel. Wading was reported to have been
observed on eight occasions during the period from June 2003 through October 2003 in
areas located adjacent to West River Park and Clark Park in Chicago.
Later in the meeting, the group discussed and agreed upon potential uses in these
three reaches for consideration in the selection of proposed water quality standards.
Wading was included in the selection of potential uses over the objection of Mr. Richard
Lanyon, the District's representative on the SAC. In addition, Mr. Harry Walton
representing the Environmental Regulatory Group raised concerns regarding liability of
public agencies and riparian landowners regarding wading.
Mr. Toby Frevert
Illinois Environmental Protection Agency
Re: Notice of Wading as Prohibited Use in Waterways
January 14, 2004
Page two
Wading is not an appropriate use for these waterways. The District owns the banks
and channel bottom for the entire length of the North Shore Channel and for the North
Branch upstream of Belmont Avenue. The District will not allow wading on its property.
Additionally, the District prohibits any unauthorized access to its properties and
waterways and will certainly not make exceptions to this practice for persons wishing to
wade in the waterways. The District has taken great efforts to deter access to its banks
by posting along its right-of-way
No Trespassing, NO Swimming, No Hunting
and
No
Dumping
signs in plain view. The signs also state that
Violators Will Be Criminally
Prosecuted
The District's police force will be patrolling these areas where wading is
occurring and will make arrests accordingly to anyone trespassing on District land. •
Although the risks of wading are quite obvious, they are listed below to remind the
IEPA of the potential hazards. These hazards include:
• Drowning from becoming stuck in soft mud on the river bottom and falling into
the water;
• Drowning from becoming sucked under the water surface by currents in the
waterway;
• Falling while climbing fences intended to restrict access to waterways;
• Tripping on steep riverbanks covered with debris and fallen timber; and
• Lacerations on the feet and limbs from broken glass, sharp metal, and rocks
lying on the river bottom.
The District will not allow itself to be placed in the position of exposing itself to potential
lawsuits and ultimate liability resulting from personal injury or death to those who may
engage in this practice or in similar practices involving bodily contact with the water in
these waterways. To list wading as a potential use of these waterways reaches, the
IEPA is deviating from its task of promoting public health and safety and is instead
promoting a practice that can result in deadly consequences.
Until the IEPA is able to secure commitments from one or more municipal corporation
properly authorized to conduct recreation activities to construct, operate, and maintain
safe wading areas along these and other reaches of the waterway system, the District
will not even consider such blatantly irresponsible and cavalier positions of the IEPA by
listing wading as a potential use for these three waterway reaches. Any violator of the
District rules and regulations will be criminally prosecuted.
Mr. Toby Frevert
Illinois Environmental Protection Agency
Re: Notice of Wading as Prohibited Use in Waterways
January 14, 2004
Page three
If you have any questions regarding this matter, you may contract Mr. Richard Lanyon
at (312) 751-5190.
Very truly yours,
John C. Farnan
General Superintendent
JCF:MGR:STM:nm
cc: Rob Sulski, IEPA
Ronald, French, Camp, Dresser & McGee