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By:

Keith Harley, Chicago Legal Clinic,

RECEIVED

LERK'S OFFICE

AUG 0

2008

STATE OF ILLINOIS

WATER QUALITY STANDARDS AND

Pollution Control Board

EFFLUENT LIMITATIONS FOR THE

CHICAGO AREA WATERWAY SYSTEM

AND THE LOWER DES PLAINES RIVER:

PROPOSED AMENDMENTS TO 35 ILL..

ADM. CODE PARTS 301, 302, 303 and 304

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

R08-9

) (Rulemaking — Water)

NOTICE OF FILING

To: see attached Service List

PLEASE TAKE NOTICE that on the 4

Day of August, 2008, I filed with the Office of

the Clerk of the Illinois Pollution Control Board the attached Prefiled Testimony of

Victor Crivello and Alan Mammoser, copies of which is hereby served upon you.

Dated: August 4, 2008

Keith Harley

Chicago Legal Clinic, Inc.

Keith Harley, Chicago Legal Clinic, In

CERTIFICATE OF SERVICE

I, Keith Harley, the undersigned attorney, hereby certify that I have served the attached

Prefiled Testimony of Victor Crivello and Alan Mammoser on all parties of record

(Service List attached), by depositing said documents in the United States Mail, postage

prepaid, from 227 W. Monroe, Chicago, IL 60606, before the hour of 5:00 p.m., on this

4th Day of August, 2008.

Service List

Bernard Sawyer and Thomas Granto

Metropolitan Water Reclamation District

6001 West Pershing Road

Cicero, IL 60650-4112

Richard J. Kissel and Roy M. Harsch

Drinker, Biddle, Gardner, Carton

191 N. Wacker Drive, Suite 3700

Chicago, IL 60606-1698

Deborah J. Williams and Stefanie N. Diers

Assistant Counsel, Division of Legal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794-9276

Kevin G. Deshamais, Thomas W. Diamond

and Thomas V. Skinner

Mayer, Brown LLP

71 South Wacker Drive

Chicago, IL 60606-4637

Robert VanGyseghem

City of Geneva

1800 South Street

Geneva, IL 60134-2203

Matthew J. Dunn, Chief

Office of the Attorney General

Environmental Bureau North

69 West Washington, Suite 1800

Chicago, IL 60602

Charles W. Wesselhoft and James T. Harrington

Ross & Hardies

150 North Michigan Avenue

Suite 2500

Chicago, IL 60601-7567

James L. Daugherty, District Manager

Thorn Creek Basin Sanitary District

700 West End Avenue

Chicago Heights, IL 60411

Tracy Elzemeyer, General Counsel

American Water Company Central Region

727 Craig Road

St. Louis, MO 63141

Claire Manning

Brown, Hay & Stephens LLP

700 First Mercantile Building

205 South Fifth St., P.O. Box 2459

Springfield, IL 62705-2459

Katherine D. Hodge and Monica T. Rios

Hodge Dwyer Zeman

3150 Roland Avenue

P.O. Box 5776

Springfield, IL 62705-5776

Margaret P. Howard

Hedinger Law Office

2601 South Fifth Street

Springfield, IL 62703

Jerry Paulsen and Cindy Skrukrud

McHenry County Defenders

132 Cass Street

Woodstock, IL 60098

Keith I. Harley and Elizabeth Schenkier

Chicago Legal Clinic, Inc.

205 West Monroe, 4th Floor

Chicago, IL 60606

Albert Ettinger

Freeman, Freeman 7 Salzman

401 N. Michigan Avenue

Chemical Industry Council of Illinois

2250 E. Devon Avenue

Suite 239

Des Plaines, IL 60018-4509

W.C. Blanton

Blackwell Sanders LLP

4801 Main Street

Suite 1000

Kansas City, MO 64112

Sharon Neal

Commonwealth Edison Company

125 South Clark Street

Chicago, IL 60603

Traci Barkley

Prairie Rivers Networks

1902 Fox Drive

Suite 6

Champaign, IL 61820

James Huff, Vice-President

Georgie Vlahos

Huff & Huff, Inc.

Naval Training Center

915 Harger Road, Suite 330

2601A Paul Jones Street

Oak Brook, IL 60523

Great Lakes, IL 60088-2845

Cathy Hudzik

City of Chicago, Mayor's Office of Intergovernmental Affairs

121 North LaSalle Street

City Hall – Room 406

Chicago, IL 60602

Irwin Polls

Ecological Monitoring and Assessment

3206 Maple Leaf Drive

Glenview, IL 60025

Marc Miller, Senior Policy Advisor

Jamie S. Caston, Policy Advisor

Office of Lt. Governor Pat Quinn

Room 414 State House

Springfield, IL 62706

Dennis L. Duffield

Director of Public Works & Utilities

City of Joliet, Depai

Intent of Public Works & Utilities

921 E. Washington Street

Joliet, IL 60431

Ann Alexander, Senior Attorney

Natural Resources Defense Council

101 North Wacker Drive, Suite 609

Chicago, IL 60606

Beth Steinhorn

2021 Timberbrook

Springfield, IL 62702

Frederick D. Keady, P.E., President

Dr. Thomas J. Murphy

Vermillion Coal Company

DeP aul University

1979 Johns Drive

2325 N. Clifton Street

10 S. LaSalle Street, Suite 3600

Chicago, IL 60603

Marie Tipsord, Hearing Officer

John Therriault, Assistant Clerk

Illinois Pollution Control Board

100 West Randoph, Suite 11-500

Chicago, IL 60601-7447

Vicky McKinley

Evanston Environmental Board

25 East Washington, Suite 1650

Chicago, IL 60602

Albert Ettinger, Senior Staff Attorney, and Jessica Dexter

Environmental Law and Policy Center

35 E. Wacker Drive, Suite 1300

Chicago, IL 60601

Susan Hedman and Andrew Armstrong, Environmental Counsel

Environnmental Bureau

Office of the Illinois Attorney General

69 West Washington, Suite 1800

Chicago, IL 60602

Kenneth W. Liss

Andrews Environmental Engineering

3300 Ginger Creek Drive

Springfield, IL 62711

Bob Carter

Bloomington Normal Water Reclamation District

P.O. Box 3307

Bloomington, IL 61702-3307

Ronald M. Hill and Margaret T. Conway

Metropolitan Water Reclamation District of Greater Chicago

100 East Erie Street, Room 301

Chicago, IL 60611

Frederic P. Andes, Carolyn S. Hesse and David T. Ballard

Barnes & Thornburg LLP

One North Wacker Drive, Suite 4400

Chicago, IL 60606

Tom Muth

Fox Metro Water Reclamation District

682 State Route 31

Oswego, IL 60543

Jack Darin

Sierra Club, Illinois Chapter

70 E. Lake Street, Suite 1500

Chicago, IL 60601-7447

Kay Anderson

American Bottoms RWTF

One American Bottoms Road

Sauget, IL 62201

Kristy A.N. Bulleit and Brent Fewell

Hunton & Williams LLC

1900 K. Street, NW

Washington, DC 20006

Jeffrey C. Fort and Ariel Tescher

William Richardson, Chief Legal Counsel

Sonnenschein Nath & Rosenthal LLP

Illinois Department of Natural Resources

7800 Sears Tower

One Natural Resources Way

233 S. Wacker drive

Springfield, IL 62702

Chicago, IL 60606-6404

_ni

l;te,CE IV

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD-

OF ILLINOIS

Pollution Control Board

WATER QUALITY STANDARDS AND

EFFLUENT LIMITATIONS FOR THE

CHICAGO AREA WATERWAY SYSTEM

AND THE LOWER DES PLAINES RIVER:

PROPOSED AMENDMENTS TO 35 Ill.

Adm. Code Parts 301, 302, 303 and 304

R08-09

(Rulemaking – Water)

PRE-FILED TESTIMONY OF VICTOR CRIVELLO

My name is Victor M. Crivello. I am a resident of the Pullman neighborhood on

Chicago's southeast side. I have worked on environmental issues for over thirty years. I

participated in environmental and engineering projects for Environmental Design, Inc., Chicago

Public Schools, McDonough Engineering, U.S. Ecology, Envirosafe Service, Inc., Chem-Clear

Inc., U.S. EPA Superfund projects as well as for several municipal and community

organizations. I have also contributed in the implementation of various training programs for the

public on hazardous waste regulations, water quality planning, and special waste hauling

regulations. Currently, I am working with Carnow, Conibear & Associates doing environmental

construction oversight and working with six UNO Charter Schools helping them develop a

Green School program. As a volunteer, I am co-chair of the Lake Calumet Vision Committee

advocating public access and boating on Lake Calumet and connected waterways.

In addition to my environmental work, I have been a boat enthusiast for the majority of

my life. From 1984 to 2003, I traveled on my sailboat on the Calumet River from Marine

Services to the Montrose Harbor every spring and returned every fall. In 2003, due to the rising

expense of slip costs on Lake Michigan, I purchased a thirty-foot Chris Craft cabin cruiser and

have kept the boat ever since at Marine Services in Dolton on the Calumet River. For the last

IN THE MATTER OF:

five years, I have gotten out at least three weekends a month from May to October spending

about half my time on the Calumet River system.

There has always been a large boating community on the Calumet waterways and each

year the size is increasing. Every week during the boating season, hundreds of families recreate

on the Calumet River system. I have primarily observed waterway uses from Ashland Ave. east

along the Grand Calumet River. Yet, over the years I have traveled almost all the Calumet

waterways and I am very familiar with the uses there as well. The recreational uses I observe

include power boating, waterskiing, jet skiing, tubing, canoeing, kayaking, swimming, rowing

and fishing. During the boating season, recreational activities are quite prevalent in the area.

There can be as many as 100 boats out on a given day. Today, along with the growing popularity

of power boating, jet skiers and water-skiers are becoming more common. I believe we will

continue to see more jet skiers and water-skiers in upcoming years. I have also seen an increase

in canoeing and kayaking activities. On any given weekend, I observe upwards of twenty or

more fisherman in small boats fishing on the Calumet waterway system. The majority of

recreational boating activities are south of the O'Brien Lock and Dam. On weekends, I have

observed many traffic jams at the Lock consisting of at least 25 boats. From the Lock, there is a

6 mile stretch before you enter Lake Michigan. There are designated no wake zones along the

stretch. Coast Guard enforcement has been increasing due to the increasing number of boaters.

The Calumet waterways range in depths of 3 to 14 feet with width in some areas extending as

much as 50 yards wide. These depths and widths are sufficient for recreational boating. The Cal-

Sag River is also an area with heavy recreational uses. Even though occasional barge traffic does

exist, there is always more than enough room to pass in a safe way.

There are currently ten marinas on the Calumet River with about 500 boat slips. In

addition, there are three boat launches in Alsip, Worth, and Beaubien Woods. Also, there are

four good restaurants accessible by boat on the waterways, including "Red Neck Tavern."

Currently, four of the ten marinas are undergoing major renovations and at least one large

housing community with river access, called Fay's Point, is being constructed in Blue Island.

The Calumet Vision Plan is also in the works. This plan focuses on the natural lands, greenways,

and trails with special attention to the Lake Calumet area. Yet, in this Calumet Area Vision plan,

attention is also brought to the Calumet waterways. The plan identifies routes and future plans

for launches and signage along the waterways. Disinfection of the waters will be vital to the

success of this plan.

There have been numerous events that have taken place in the Calumet waterways. In

1975, while working at the Northeastern Illinois Planning Commission, I helped organize an

Earth Day boat cruise supporting clean water that had over 200 boat participants. The Calumet

waterways have been home to many fishing tournaments. In July of 2000, the 30

th edition of the

prestigious BASS Masters Classic was held in the Calumet waterways. On November 4, 2007,

the first Southland Regatta at Fay's Point was held where five major universities participated in

this premier Division I rowing competition with over 300 female rowers in the Cal-Sag Channel.

The next Regatta is scheduled for November 2, 2008. In addition, the Chicago Rowing Center

has been using the Cal-Sag as training grounds since early 2006. Many collegiate and high

school rowing teams have held daily practices on the Cal-Sag Channel.

People who recreate in the waterways will get wet. When power boating, there are many

instances where you will be required to go overboard to fix a propeller or plug a hole. In

addition, it is common for boaters to come in direct contact with the water when launching their

boats and wheeling them out of the water. There is also possibility of being splashed with water

from the wake from other boats. Jet skiing, waterskiing, and tubing are activities where water

contact is unavoidable. Boat fishing also involves at least some water contact. Lastly, rowing,

canoeing, and kayaking involve water contact especially in the launching and wheeling out

phase. All and all, especially with the growing popularity of recreational boating in the Calumet

waterways, direct water contact is inevitable and the continuing unsafe water conditions of the

Calumet waterways will have a negative affect on these activities.

In conclusion, I strongly support the disinfection of the Calumet waterways. The Chicago

community is starting to realize the great benefits of the Calumet waterways especially because

of the large and ever increasing recreational uses of these waters. It is more obvious now to see

why disinfection is necessary for this will not only make the waters first class facilities for

recreational boating, but it will also improve the community and quality of life of Chicago's

southeast side, the near suburbs, and the whole metropolitan region.

LERICS

OFFI

CIVED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

AUG

0 2008

IN THE MATTER OF:

WATER QUALITY STANDARDS AND

EFFLUENT LIMITATIONS FOR THE

CHICAGO AREA WATERWAY SYSTEM

AND THE LOWER DES PLAINES RIVER:

PROPOSED AMENDMENTS TO 35 111.

Adm. Code Parts 301, 302, 303, 304

Pollution

Control

Board

PRE-FILED TESTIMONY OF ALAN MAMMOSER

INTRODUCTION

My name is Alan Mammoser. I was employed at the Southeast Environmental Task

Force ("SETF") for 2-1/2 years, most recently as the Executive Director of the SETF. Prior to

attaining this title in 2006, I joined the SETF in October, 2005 as a project manager for the

Calumet Area Vision project. As Executive Director, I led the organization's work in three

programs: pollution prevention, open space planning, and environmental education.

Prior to working at the SETF, I worked for six years as an associate planner at the

Northeastern Illinois Planning Commission. During my time at the Northeastern Illinois

Planning Commission I participated in various regional planning projects including the Common

Ground Regional Framework Plan, and the East Will County Council of Mayors. In the

Common Regional Ground Regional Framework Plan, I implemented a participatory regional

planning process to identify goals, strategies and regional spatial framework of centers and

corridors. For the East Will County Council of Mayors, I advised five municipalities adjacent to

a proposed suburban airport to help them create a special area-wide authority for

intergovernmental land use planning. Further, I performed regional research which resulted in

the reports

Employment Subcenter Identification Project, Final Summary Report

(August, 2002)

and

The Transit – Land Use Link: A Density Study in Suburbia

(June, 2002).

In 1999, I was awarded the Nicolas V. Trkla Scholarship by the Urban Land institute for

outstanding academic accomplishment in the field of urban planning. I also received an

American Fellowship in 2004 which is a presidential initiative for the Americas by the U.S. State

Department. As part of the fellowship, I worked three months in the regional planning agency

Emplasa in Sao Paulo, Brazil. Finally, I was awarded a journalism fellowship in 2005 by the

German Marshall Fund of the United States for research and writing about trans-Atlantic

environmental issues, specifically pertaining to local food systems.

I have Bachelor of Arts in History from the University of California at Los Angeles. I

have a Masters Degree in Urban Planning and Policy and a Masters in History from the

University of Illinois at Chicago.

SOUTHEAST ENVIRONMENTAL TASK FORCE

The SETF represents the Illinois Calumet Region, which includes the southeast side of

Chicago and adjacent south suburbs. We were founded in 1989 as an arm of Illinois State

Representative Clem Balanoff s Office and were incorporated in 1994. We operate as mostly a

volunteer organization. Our Board of Director's is completely voluntary and is comprised of

public officials, engineers, professors, teachers, clergy and bankers. Our accomplishments

include: stopping various landfill expansions and waste facility proposals; promoting restoration

of degraded wetlands; promoting sustainable Brownfield redevelopment; and driving pollution

reduction investments in industries adjacent to communities and waterways.

We serve students, educators, adults and families through our Environmental Education

program. The goal of the Environmental Education program is to create environmentally aware

communities in southeast Chicago; communities that contribute to the area's redevelopment and

respond to environmental threats. To create such communities, we work to foster a love for the

environment among residents. We educate them on issues that affect quality of life in their

neighborhoods and in the remarkable natural areas of the Calumet region. Programs that we set

up include: environmental education workshops on an issue in the Calumet Region; presentations

of the history and environmental issues in the Calumet region, presentations on how a particular

community or school can get involved, Toxics Treasures Tours for students and adult groups;

and evening environmental education workshops for adults.

Our mission is to empower residents and students in the southeast side and the south

suburbs of Chicago to improve their local environment; promote pollution prevention and

progressive practices in the Calumet region facilities; and promote preservation, restoration, and

enhancement of the region's natural areas, and sustainable development of the region's industrial

lands. Our vision is that one day educated and empowered residents are able to contribute to

sustainable growth and respond to all environmental threats; all businesses are utilizing the most

energy efficient processes, generating the least possible pollution and waste, and hiring local

residents; and all open spaces and vacant lands are restored to create a community vitality,

industry, - making the Calumet region of Greater Chicago a model for the nation and the world

to emulate.

In 2005, we were one of 13 citizens, cities, or groups to receive Lt. Governor Pat Quinn's

Environmental Hero Award. The award was given to SETF primarily based on our work to win

the 20 year landfill moratorium for Chicago—effectively preventing two multimillion ton

landfill expansions in the southeast and far south sides.

CALUMET AREA

The Calumet River connects the southeast side to the south and west suburbs of Chicago

via the Little Calumet and the Calumet-Sag Channel, and to downtown Chicago via Lake

Michigan. The Calumet River System includes the Calumet River, Little Calumet River, the

Grand Calumet River, and the Calumet-Sag Channel. Historically, the Calumet River System is

known for industrial and shipping use. The region has experienced some of the heaviest

concentrations of industry in the Midwest. As a result, the area has lost thousands of acres of

lakes and wetlands that were filled in with construction waste, steel mile slag, municipal

garbage, and hazardous waste.

Currently, the Calumet Region in the City of Chicago contains approximately 4,800 acres

of open lands, including 700 acres of Lake Calumet itself; approximately 20 miles of waterways

including the Calumet, Little, and Grand Calumet Rivers; Wolf Lake; and, various smaller lakes

and ponds. The region also holds about 2,000 acres of abandoned industrial lands which is 60%

of Chicago's vacant industrial property.

CALUMET AREA VISION PLAN

The Calumet Area Land Use Plan was created by the City of Chicago Department of

Planning and Development and Department of Environment, three non-government

organizations - the Southeast Chicago Development Commission, Openlands Project, and the

Calumet Area Industrial Commission - and focus group participants including our founder,

Marian Byrnes. The plan was created as an effort to increase the environmental and economic

vitality of the Calumet Area. The plan was created by collecting all the existing maps and

information about the area. The plan focuses on the creation of public access through small open

spaces to the rivers.

In response to the City's Calumet Area Land Use Plan, we gathered partners to form the

Lake Calumet Vision Committee in March, 2003 to create a Lake Calumet Vision Document

detailing the desired uses for the waters and shores of the lake. Member organizations to date

include: Openlands Project, Sierra Club-Illinois Chapter, Bird Conservation Network, Historic

Pullman Foundation, Vet's Park Improvement Assn., Lake Michigan Federation, Friends of the

Parks, Pullman Civic Organization, Peace Pipe Prairie Project and Calumet Ecological Park

Assn. Further, in November 2003 a process to identify possible public open spaces in the

corridor began. Sites were selected based on the following factors: no hindrances to industrial

traffic, proximity to neighborhoods, consideration for public safety, historical significance,

current uses by the community, security of neighboring properties.

On May 23, 2007 our Board members adopted the Calumet Area Vision Plan. Prior to

the creation of the Calumet Area Vision Plan, I created a map of the area that encompasses the

Calumet River, Cal-Sag River and the Little Calumet River. This map was used to create the

Calumet Area Vision Plan. The plan is shown through a map that highlights 18 specific points

called "Places and Connections" which unifies the area through a regional system of greenways

and bike trails. The Map includes a variety of open spaces including the Big Marsh, covering

hundreds of acres to half-acre market gardens on south Chicago lots. The Calumet Area Vision

Plan envisions the Calumet River System as the centerpiece of a whole system of open spaces,

greenways, bike paths, and a slew of recreational opportunities, mainly boating and fishing. We

want to give people access to open spaces while supporting the birds, animals, fish, and native

plant species that thrive in the Calumet region. Our ultimate goal is to create neighborhoods and

industrial areas that coexist with natural areas.

Currently, we are focused on the Burnham Greenway – the "gap", the Western Shore of

Lake Calumet, and the Calumet-Sag Trial. First, the Burnham Greenway stretches from the

heart of south suburban communities to Southeast Side neighborhoods linking people to

Chicago's Lakefront Trail. Currently, a 5-mile gap interrupts its course through Hegewisch and

Burnham. We are working to close the gap which requires two bridges and new paths along

right-of-ways.

Second, the Western Shore of Lake Calumet is a natural lake that was once considered a

natural paradise by indigenous peoples, pioneers and early residents of Chicago. Today though

the lake provides harbor facilities for the Illinois International Port District much of it remains

open, unused and surrounded by a razor wire fence. We along with various partners in the Lake

Calumet Vision Committee are working to have the area become part of the Forest Preserve

District of Cook County.

Finally, the Calumet-Sag Trial will unite the Calumet area with the Illinois &

Michigan National Heritage Corridor. The trial will follow the Grand Calumet and Little

Calumet Rivers through the communities of Burnham, Calumet City, Riverdale and Dolton, and

then continue along the Cal-Sag Channel to the National Heritage Corridor. The multiuse trail

will spur community and economic development through recreation and tourism.

Increasing green space is known to improve people's perceptions of their neighborhoods,

reduce crime, and prompt further voluntary community greening efforts. Since tourism is a $22

billion industry in Illinois, a strong case can be made for preserving the areas surrounding the

Calumet River System. The area has the potential to become attractive to tourists, boaters, and

fishermen. Further, investing in open spaces and historic structures along the river could also

boost industrial redevelopment. Business are more likely to locate a new facility in a community

that is economically, socially, and culturally vital.

The Southeast Environmental Task Force (SETF) will implement its Calumet Area

Vision project during 2008-09. The project builds upon our twenty years of work in the Lake

Calumet region by strengthening each of our three current programs: pollution prevention, open

space planning and environmental education.

DISINFECTION OF THE CALUMET AREA RIVERS

I believe that the Illinois Environmental Protection Agency's proposed regulation,

specifically the heightened standard for disinfecting the waters in the Calumet River System, is a

key component to the success of the Calumet Area Vision Plan and the environmental and

economic vitality of the Calumet River System. Without disinfection of the Calumet River

System, the collective impact of the other efforts to improve the area will greatly decrease.