BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
WATER QUALITY STANDARDS AND
)
EFFLUENT LIMITATIONS FOR THE
)
R08-9
CHICAGO AREA WATERWAY SYSTEM
)
(Rulemaking – Water)
AND THE LOWER DES PLAINES RIVER:
)
PROPOSED AMENDMENTS TO 35 ILL.
)
Adm. Code Parts 301, 302, 303, and 304
)
NOTICE OF FILING
To:
John Therriault, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph St., Suite 11-500
Chicago, IL 60601
Marie Tipsord, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph St, Suite 11-500
Chicago, Il 60601
Deborah J. Williams, Assistant Counsel
Stefanie N. Diers, Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Persons included on the attached
SERVICE LIST
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Pollution Control Board
PRE-FILED TESTIMONY OF THOMAS J. BAMONTE
on behalf
of Environmental Groups, Environmental Law and Policy Center, Natural Resources Defense
Council, Prairie Rivers Network, Sierra Club – Illinois Chapter, Friends of the Chicago River,
and Openlands, a copy of which is herewith served upon you.
Respectfully Submitted,
Albert Ettinger
Senior Staff Attorney
Environmental Law & Policy Center
35 E. Wacker Dr. Suite 1300
Chicago, Il 60601
DATED: August 4, 2008
(312) 795-3707
Electronic Filing - Received, Clerk's Office, August 4, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
WATER QUALITY STANDARDS AND
)
EFFLUENT LIMITATIONS FOR THE
)
R08-09
CHICAGO AREA WATERWAY SYSTEM
)
(Rulemaking – Water)
AND THE LOWER DES PLAINES RIVER:
)
PROPOSED AMENDMENTS TO 35 ILL.
)
ADM. CODE PARTS 301, 302, 303, AND 304.
)
Testimony of Thomas J. Bamonte
Chicago Area Sea Kayakers Association (CASKA)
(August 4, 2008)
I, Thomas J. Bamonte, offer the following testimony.
I am the President of the Chicago Area Sea Kayakers Association (CASKA) (caska.org) and
have kayaked extensively in the Chicago area for the past seven years. I have been certified as a
kayaking instructor by the American Canoe Association and have observed kayakers of all skill
levels in a wide variety of water conditions and kayaks.
I live in the Bucktown area in the City of Chicago and regularly paddle in the Chicago River
system ("River"). See http://caskaorg.typepad.com/caska/2007/10/trip-report-chi.html
I am familiar from personal experience and observation the extent of the contact between
kayakers and the water in which they are paddling.
Kayaks by design put the paddler in close proximity to the water. Typically there is less than a
foot between the surface of the water and the rim of the open cockpit in the kayak. In addition,
Electronic Filing - Received, Clerk's Office, August 4, 2008
kayaks typically are propelled through the water through the use of two-bladed paddles. On each
stroke one paddle is in the water and the other is elevated at or above eye level. As a result water
repeatedly flows down the paddle shaft to the hands of the paddler.
Water that drips off the paddle shaft lands in the lap and on the exposed legs of the paddler. For
this reason, many kayakers wear a sprayskirt--a sheet of fabric or neoprene that wraps around the
kayaker's midsection and around the rim of the cockpit and seals the kayaker into the kayak.
Sprayskirts do not, however, reduce the amount of water that comes off the paddle shaft to the
paddlers’ hands. When a seated kayaker breaks the sprayskirt seal around the cockpit rim, water
that has pooled in the sprayskirt will spill on the lap and legs of the kayaker. In addition, when
paddlers exit their kayaks their sprayskirts typically hang around their bodies, dripping water on
their feet and legs. Removing a sprayskirt involves touching fabric wet from the River. If the
paddler removes their sprayskirt over their head, there is a good chance of water coming in
contact with the paddler's eyes. Also, kayakers typically put their hands in direct contact with
the water while paddling. This is because paddle shafts are relatively short and kayaks are low in
the water. Quite often at the end of a stroke, when the paddle blade is deep in the water, some or
all of the paddler's hand gripping the shaft will be in the water. At a minimum, River water
splashes on the paddler's hands as their hands graze the water's surface.
Paddlers frequently get sprayed with water while paddling, even in relatively calm water like that
found in the River. The normal process of inserting and then removing paddles from the water
can kick up unexpected splashes that result in water spraying into the paddler's face, eyes, body
Electronic Filing - Received, Clerk's Office, August 4, 2008
and extremities. Strong winds exacerbate such splashes and make bodily contact with water
much more likely. Such winds also blow water from the paddle shaft into the paddler's face.
Even when sprayskirts are used, kayaks typically take on water through minor leaks in both the
sprayskirt and the kayak itself. In addition, the kayaker will bring water into the kayak with their
feet when entering and exiting the kayak. Kayakers have direct contact with this accumulated
water in their kayak, primarily through their feet and lower extremities. They regularly use
sponges to rid their kayaks of excess water. In the process of sopping up water and squeezing
sponges kayakers come in contact with water.
Paddlers also have frequent direct contact with the water when they enter and exit their kayaks.
To position their kayaks in the water at the launch site kayakers often will have to walk in the
water. They typically get in their kayaks by standing in the water and then using special
techniques to get in their cockpits. To launch, kayakers will sometimes use their hands under the
water to push off against the bottom and scoot the kayak to deeper water. Landing is just the
reverse and typically involves significant direct contact with the water as well.
After landing, kayaks need to be wiped off, lugged to a nearby car and loaded. During each of
these processes, the paddler comes into contact with River water that has accumulated on and in
the kayak. Likewise, kayakers come into contact with water that has accumulated on clothing
and gear. Paddle jackets, lifejackets and wetsuits, for example, often get covered with water.
Pieces of equipment like pumps, camera boxes, and drybags that are lashed to the deck of a
Electronic Filing - Received, Clerk's Office, August 4, 2008
kayak or stored on the floor of the cockpit are exposed to water. Kayakers touch this water each
time they use or unload this equipment.
Based on my personal experience and observations, it is evident that kayakers will have
extensive direct (e.g., hand in water) and secondary (e.g., water on gear) contact with River
water in even the most ordinary paddle. This applies for kayakers of all skill levels in all kinds
of kayaks and in all kinds of conditions.
Sometimes, however, kayaking results in full-body immersion. Kayaks are inherently "tippy"
due to their narrow beam and other hull design characteristics. This makes capsizes and full
body immersion much more frequent in kayaks than in other kinds of watercraft. Common
kayaking related spills and capsizes include:
-- Tripping and falling in the water at the launch/landing site while maneuvering a kayak to be in
a good position to enter/exit the kayak.
-- Tipping over while trying to enter/exit the kayak. Getting in and out of a kayak is a
surprisingly difficult task for many people, especially when accessing the kayak from a
significantly higher dock. Kayakers will slip into the water while doing this manuever or, at a
minimum, will flail around and splash in the water while recovering their balance.
-- Capsizes occur while underway through inattention and inexperience. An unexpected boat
wake or collision with another kayak can result in loss of balance and capsize.
Electronic Filing - Received, Clerk's Office, August 4, 2008
Experienced kayakers commonly execute a roll to recover from capsize. This results in full
immersion of the kayaker, who executes a roll while hanging upside down in the water under the
kayak. Less experienced paddlers will exit their kayaks upon capsize. This results in the paddler
being immersed in the water for at least 1-5 minutes while executing a rescue technique to get
back in their kayak. Any paddler who assists in the rescue by, for example, steadying a kayak
while the "victim" crawls into the kayak, will get significant exposure to River water.
Unexpected capsizes are frequent enough that the kayaking community devotes much of its
training resources teaching kayakers how to respond to such capsizes. Capsizes happen most
frequently with novice paddlers, but no paddler is immune from them. It is important to note in
this regard that the River is heavily used by novice paddlers because it is more protected than
Lake Michigan waters.
As a kayaker, I hope that the IPCB will establish water quality standards that reflect the fact that
recreational paddlers like kayakers have extensive bodily contact with River water each and
every time they paddle in the River.
Submitted by:
Thomas J. Bamonte
President
Chicago Area Sea Kayakers Association
Date: August 4, 2008
Electronic Filing - Received, Clerk's Office, August 4, 2008
STATE OF ILLINOIS
)
)
COUNTY OF COOK
)
PROOF OF SERVICE
I, Albert Ettinger, on oath state that I have served the attached PRE-FILED
TESTIMONY OF THOMAS J. BAMONTE via U.S. Mail, first class postage prepaid, from 35
East Wacker Drive, Illinois to All Connsel ofRecord on
~.he
ay
hLedService L.ist, on.thiS 4
th
day of
Angust,2008
w-..~
.
Albert F. Ett?
Senior StaffAttorney
Environmental Law
&
Policy Center
35 E. Wacker Drive, Suite 1300
Chicago, IL 60601
Snbscribed
and
fNlre
me
This
~Day
of
, 2008
JACLYNN JURING
OFFICIAL SEAL
\
.
/I
Notary Public.
Slite of Illinois
~~J:';"::;Zl
My
Commission Expires
~
September 1', 2010
Electronic Filing - Received, Clerk's Office, August 4, 2008
SERVICE LIST R08-09
Marie Tipsord, Hearing Officer
Illinois Pollution Control Board
100 West Randolpl~ St
Suite 1 1-500
Chicago, IL 60601
Frederick Feldrnan
Ronald Hill
Louis
Kollias
Margaret Conway
Me.tropolitan
Water Reclamatiol~ District
100 East Erie St
Cllicago, IL 606 1 1
Ricl~ard Kissel
Roy Harsch
DrinlcerBiddle
19 1 N. Wacker Dr.
Suite
3700
Chicago, IL 60606-1 698
Claire Manning
~rown Hay
&
Stephens LLP
700 First Mercantile
Banlc Bldg
205
S. Fifth St
Springfield, IL
62705-2459
Deborah J. Williams
Stefanie N. Diers
Illinois EPA
1 02
1 Nortll Grand Avenue
Springfield, IL 62794-9276
Katherine Hodge
Monica
Rios
Hodge Dwyer Zeman
3 150 Roland Avenue
Springfield, IL 62705-5776
Charles
Wessell~oft
James EIarrington
Ross
&
Hardies
1 50 N. Michigan Ave
Clicago, IL 60601-7567
Dennis L.
Duffi eld
Director of Public
Worlcs
&
Utilities
City of
Joliet
92 1 E. Washington St
Joliet, IL 6043 1
Keith Harley
Elizabeth Scherzlcier
Clicago
Legal Clinic, Inc.
205 West Monroe Street
4"' Floor
Clicago, IL 60606
Frederick Keady
Verrnillion Coal Company
1979
Jolms Drive
Glenview, IL 60025
Fred L.
Hubbad
P.O. Box 12
16 West Madison
Danville, IL 6 1834
Georgia
Vlal~os
Naval Training Center
2601A Paul Jones St
Great
Lalces, IL 60088-2845
W.C. Blanton
Blackwell Sanders LLP
4801 Main St
Suite 1000
Kansas City, MO 641
12
Kay Anderson
American Bottoms
One
American Bottoms Road
Sauget,
IL 62201
Electronic Filing - Received, Clerk's Office, August 4, 2008
James L. Daugl~erty
Thorn Creelc Basin Sanitary District
700 West End Avenue
Clicago Heights, IL 604 1 1
Sharon Neal
Commonwealth Edison
125 South
ClarIc Street
Chicago, IL 60603
Tracy Elzemeyer
American Water Company
727
Craig Road
St. Louis, MO 63 141
Margaret
P. Howard
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
Irwin Polls
Ecological Monitoring and Assessment
3
206 Maple Leaf Drive
Glenview, IL 60025
James
Huff
Huff
&
Huff, Inc.
9 15 Harger Road, Suite 330
Oak Brook,
IL
60523
William Richardson
Chief Legal Counsel
Illinois Department of Natural Resources
One
IVatural Resource Way
Springfield,
IL 62702
Jeffrey C. Fort
Ariel J. Tesher
Sonnenschein Nath
&
Rosenthal LLP
7800 Sears Tower
233
S. Waclcer Drive
Chicago, LL 60606-6404
Dr.
Thomas J. M~uphy
2325 N. Clifton St
Chicago, IL 6061 4
B etl~ S tei~lllorn
2021 Timberbroolc
Springfield, IL 62702
Ann Alexander
Natural Resources Defense Council
101 N. Wacker Dr
Suite 609
Chicago, IL 60606
Cathy
Hudzik
City of Chicago
Mayor's
Office of Intergovernmental Affairs
121 North
LaSalle Street, Room 406
Chicago, IL 60602
Traci
Barldey
Prairie Rivers Networlcs
1902 Fox Drive, Suite 6
Champaign, IL 6 1820
Thomas V. Skinner
Thomas W. Dimond
Kevin Descharnais
Mayer Brown LLP
71 South Waclcer Drive
Chicago,
L
60606
Electronic Filing - Received, Clerk's Office, August 4, 2008
Robert VanGysegl~em
City of Geneva
1800 South St
Geneva, IL 60 134-2203
Jerry Paulsen
Cindy
Slcruluud
McHenry
County Defenders
132 Cass Street
Woodstoclc, IL 60098
Matthew Dunn
Office
of the Attorney General
Environmental Bureau North
69 West Washington Street
Suite 1800
Chicago, IL 60602
Albert Ettinger
Freeman Freeman
&
Salzman
40 1 N. Michigan Ave
Chicago,
IL 6061 1
Bernard Sawyer
Thomas Granto
Metropolitan Water Reclamation District
6001 W.
Pershing Rd
Cicero,
IL 60650-4 1 12
Lisa Frede
Chemical Industry Council of Illinois
2250 .E. Devon Ave
Suite 239
Des Plaines, IL 6001 8-4509
Fredric Andes
Erika P owers
Barnes
&
Thornburg
1 North Waclcer Dr
Suite 4400
Chicago, IL 60606
Jack Darin
Sierra Club
70 E.
Lake St
Suite 1500
Chicago, IL 6060 1-7447
Bob Carter
Bloomington
Norma1 Water Reclamation
PO Box 3307
Bloomington, IL 6 1702-3307
Tom
Muth
Fox Metro Water Reclamation District
682 State Route 3 1
Oswego, IL 60543
Kennetl~ W. Liss
Andrews Environmental Engineering
3300 Ginger Creek Drive
Springfield, IL 627 1 1
Albert Ettinger
Jessica Dexter
Environmental Law
&
Policy Center
35 E. Waclcer
Suite 1300
Chicago, IL 6060 1
Viclcy McKinley
Evanston Environmental Board
223 Grey Avenue
Evanston, IL 60202
Marc Miller
Jamie S.
Caston
Office
of Lt. Governor Pat Quinn
Room 41 4 State House
Springfield, IL 62706
Electronic Filing - Received, Clerk's Office, August 4, 2008
