BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
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 Ill. Adm
.
Code Parts 301, 302, 303 and
304
R08-9
(Rulemaking
-
Water)
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER
CHICAGO'S PRE-FILED QUESTIONS TO ROBERT S. ELVERT
1.
In the last paragraph of page 2 of your testimony, you state that "Incidental Contact
includes contact with the water during such activities as fishing, wading, or small craft
recreational boating." You go on to discuss the great amount of barge traffic in the lower
Des Plaines River, on page 3, paragraph 2.
A.
Do you know how difficult it might be for a barge or tugboat captain to notice
incidental contact recreators who may be in the area of the tugboat or barge(s)?
B.
If a barge or tugboat captain becomes aware of recreators in the area, how
difficult is it for a barge or tugboat to take evasive measures to avoid coming in
contact with them on short notice?
2.
On page 3, paragraphs 2 and 3 of your testimony, you indicate that barge traffic is
constant on the Lower Des Plaines River, that is, 24 hours a day and seven days a week.
A.
Does this mean that barge traffic would likely be present any time there is
incidental contact recreation in the lower Des Plaines River?
B.
Does a similar level of barge traffic occur in the upstream Chicago Sanitary and
Ship Canal and Cal-Sag Channel?
3.
On page 4, paragraph 1 of your testimony, you note that witnesses have stated that the
CAWS and Lower Des Plaines River will continue to see increased numbers of incidental
contact recreators if the proposed
rules are
adopted.
You also mention that boaters in the
area
of the LDPR have drowned.
A.
Do you believe that the proposed designation of this waterway for incidental
contact recreational use is likely to result in an increased number of injuries and
deaths due to increasing contact between recreational craft and barges and
tugboats?
B.
Do you believe this would be true for the CAWS and Lower Des Plaines River?
THIS
FILING
IS BEING SUBMITTED
ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, August 25, 2008
C.
In your opinion
,
what would be the most appropriate way to address
the safety
concerns regarding the risks of injury and/or death that can occur due to incidental
contact recreation on the
LDPR and CAWS?
Dated
:
August 25, 2008
Respectfully submitted,
METROPOLITAN WATER RECLAMATION
By:
Fredric P. Andes
Fredric P. Andes
David T. Ballard
BARNES & THORNBURG LLP
Suite 4400
One North Wacker Drive
Chicago, Illinois 60606
(312) 357-1313
482140v1
2
Electronic Filing - Received, Clerk's Office, August 25, 2008
