OFFICE
    OF THE
    ID
    ATTORNEY
    GENERAL
    STATE
    OF
    ILLINOIS
    Lisa
    Madigan
    RCEVED
    ATTORNEY GENERAL
    CLERK’S
    OFFICE
    March
    20, 2009
    MAR
    2
    2009
    STATE
    OF
    ILLINOIS
    PollutIon
    Control
    Board
    John T. Therriault,
    Assistant
    Clerk
    Assistant
    Clerk
    of
    the Board
    Illinois
    Pollution
    Control
    Board
    James
    R.
    Thompson Center,
    Ste.
    11-500
    100 West
    Randolph
    Chicago,
    Illinois
    60601
    Re:
    Prairie
    Rivers
    Network,
    et
    al, v. IEPA
    PCB
    No.
    09-46
    Dear
    Clerk:
    Enclosed
    for filing
    please
    find the
    original and four
    copies of
    a
    Notice
    of
    Filing
    and
    Record
    in regard
    to
    the
    above-captioned
    matter.
    Please file
    the originals
    and return file-stamped
    copies
    to me
    in the
    enclosed
    envelope.
    Thank
    you for your
    cooperation and
    consideration.
    Very truly
    yours,
    Thomas
    Davis, Chief
    Environmental Bureau
    500 South
    Second Street
    Springfield,
    Illinois
    62706
    (217)
    782-9031
    TD/pjk
    Enclosures
    500
    South
    Second
    Street, Springfield,
    Illinois 62706 • (217)
    782-1090 • TTY: (877)
    844-5461
    • Fax:
    (217) 782-7046
    100
    West
    Randolph
    Street,
    Chicago,
    Illinois
    60601 • (312)
    814-3000 • TFY: (800)
    964-3013
    • Fax:
    (312) 814-3806
    BEFORE THE ILLINOIS POLLUTION
    CONTROL BOARD
    PRAIRIE RIVERS NETWORK
    )
    and
    SIERRA CLUB,
    )
    )
    Complainants,
    )
    v.
    )
    PCB
    No. 09-46
    )
    (Third Party NPDES Permit
    Appeal)
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    )
    Respondent.
    )
    NOTICE OF FILING
    To:
    Albert
    F. Ettinger
    Elizabeth
    Hoskins
    Dow
    Bradley
    Klein
    1003 Western
    Avenue
    Environmental Law and
    Policy
    Center
    Joliet, IL 60435
    35
    East
    Wacker
    Drive,
    Ste. 1300
    Chicago,
    IL 60601
    GLER
    2O9
    Brian A.
    Glasser
    Jonathan D.
    Boggs
    Bailey and
    Glasser, LLP
    pobi°t
    Con
    209
    Capitol Street
    Charleston,
    WV 25301
    PLEASE
    TAKE NOTICE that on this date I
    mailed for
    filing
    with
    the
    Clerk of the
    Pollution
    Control Board of the
    State of Illinois, the RECORD, a copy of
    which is attached hereto
    and herewith
    served upon you.
    Respectfully submitted,
    PEOPLE OF THE STATE OF ILLINOIS
    LISA
    MADIGAN,
    Attorney General of the
    State of
    Illinois
    MATTHEWJ. DUNN, Chief
    Environmental Enforcement/Asbestos
    Litigation Division
    BY:_____________________
    THOMAS DAVIS
    Assistant Attorney General
    Environmental Bureau
    500
    South Second
    Street
    Springfield,
    Illinois 62706
    217/782-9031
    Dated:
    March 20,
    2009
    CERTIFICATE
    OF
    SERVICE
    I hereby
    certify
    that I did
    on
    March
    20, 2009,
    send
    by
    First Class
    Mail, with
    postage
    thereon
    fully prepaid,
    by depositing
    in a
    United
    States
    Post
    Office Box,
    a true
    and
    correct
    copy
    of the
    following
    instruments
    entitled
    NOTICE
    OF FILING
    and the
    RECORD
    To:
    Albert
    F. Ettinger
    Bradley
    Klein
    Environmental
    Law and
    Policy
    Center
    35 East
    Wacker
    Drive,
    Ste.
    1300
    Chicago,
    IL
    60601
    Elizabeth
    Hoskins
    Dow
    1003 Western
    Avenue
    Joliet,
    IL 60435
    Brian A.
    Glasser
    Jonathan
    D.
    Boggs
    Bailey
    and
    Glasser,
    LLP
    209
    Capitol Street
    Charleston,
    WV
    25301
    and the
    original
    and
    four
    copies by
    U.S.
    mail with
    postage
    fully prepaid
    of the
    same foregoing
    instrument(s):
    To:
    John T.
    Therriault,
    Assistant
    Clerk
    Illinois
    Pollution
    Control
    Board
    James
    R.
    Thompson
    Center
    Suite
    11-500
    100
    West
    Randolph
    Chicago,
    Illinois
    60601
    A
    copy
    was
    also sent
    by
    First
    Class
    Mail with
    postage thereon
    fully prepaid
    to:
    Carol
    Webb
    Hearing
    Officer
    Illinois Pollution
    Control
    Board
    1021
    North
    Grand Avenue
    East
    Springfield,
    IL
    62794
    THOMAS
    DAVIS
    Assistant
    Attorney
    General
    This
    filing
    is
    submitted
    on
    recycled paper.
    BEFORE THE
    ILLINOIS POLLUTION
    CONTROL BOARD
    PRAIRIE
    RIVERS
    NETWORK
    )
    and
    SIERRA CLUB,
    )
    )
    Petitioners
    )
    v.
    )
    PCB
    09-46
    )
    (NPDES
    PERMIT APPEAL)
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION)
    AGENCY
    and SUGAR
    CAMP
    ENERGY,
    )
    L.L.C.,
    )
    RECEVBD
    CLERK’S
    OFFICE
    Respondents
    )
    MAR2k
    2009
    STATE
    OF
    LUNOIS
    Pollution
    Control
    Board
    RECORD
    Respondent,
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY (“Illinois
    EPA”),
    in
    accordance with
    the
    procedural
    rules of
    the Illinois Pollution
    Control Board
    (“Illinois
    PCB”) as
    set
    forth in 35
    Ill. Adm. Code
    105.212
    and 105.116, files as
    its
    Record
    in this cause the Illinois
    EPA’s
    record
    of Sugar Camp
    Energy,
    L.L.C.’s
    (“Sugar
    Camp”) National
    Discharge Elimination
    System
    (“NPDES”)
    permit
    public hearing
    and the Illinois
    EPA’s record
    of NPDES Permit
    No.
    1L0078565,
    as
    issued to Sugar
    Camp
    on
    December 2, 2008,
    which is
    attached
    and consists
    of the
    following
    documents:
    Hearing file
    documents
    1.
    E-mail
    chain
    between
    Illinois EPA
    and Sierra Club, dated
    September
    11, 2008.
    (pp.
    1-3)
    2.
    Public
    hearing exhibit
    list
    and exhibits.
    (pp.
    4 - 596)
    Exhibit
    1: Notice of Public
    Hearing.
    (pp.
    7 - 8)
    Exhibit 2:
    Notice
    of
    Public
    Hearing,
    revised.
    (pp.
    9
    - 10)
    Exhibit
    3: Draft permit,
    public notice/fact
    sheet.
    (pp.
    11 - 34)
    Exhibit
    4: State of Illinois
    map, resource rich
    areas.
    (p.
    35)
    Exhibit 5: Middle
    Fork Big
    Muddy
    River resource rich area base map.
    (p.
    36)
    Exhibit 6:
    Comment letter from Sierra Club dated August 25, 2008.
    (pp..
    37
    - 42)
    Attachment 1: “Middle Fork of the Big Muddy.”
    (pp.
    43 - 46)
    Attachment 2: Southwest Hydrology, “Water Treatment as a Mitigation
    Method for Pit Lakes.”
    (pp.
    47 - 49)
    Attachment 3: “Sulfate
    Removal from
    Injected Water
    in Oilfield
    Operations.”
    (pp.
    50 - 53)
    Attachment 4: “Sulphate Removal Demonstration Plant.”
    (pp.
    54
    - 55)
    Attachment 5: Sugar Camp site map.
    (p.
    56)
    Exhibit
    7:
    E-mail comment, with attached
    comment letter.
    (pp.
    57 - 60)
    Exhibit 8: Hearing
    transcript.
    (pp.
    61-
    95)
    Exhibit 9: Comment
    letter.
    (pp.
    96 - 199)
    Exhibit 10:
    Comment letter.
    (pp.
    200 - 203)
    Exhibit 11:
    Comment letter from Prairie
    Rivers Network dated October 22, 2008.
    (pp.204-216)
    Attachment 2: IDNR letter
    dated November 26, 2007.
    (p.
    217)
    Attachment 3:
    R08- 18 In The Matter of: Proposed
    Amendments to
    Groundwater Quality Standards,
    Illinois EPA Errata Sheet
    Number 2, and
    pre-filed testimony of
    Richard Cobb and Thomas Hornsha.
    (pp.
    218
    -274)
    Attachment
    4: Groundwater monitoring data.
    (pp.
    275
    - 278)
    Attachment
    5:
    Parcels and
    structures within and adjacent to
    shadow area.
    (pp.279-286)
    Attachment 6: Illinois
    EPA letter.
    (p.
    287)
    Attachment 7: IDNR
    documents.
    (pp.
    288 - 308)
    Attachment 8:
    IDNR
    documents.
    (pp.
    309 - 323)
    Attachment 9: IDNR
    documents.
    (pp.
    324 - 335)
    Attachment 10:
    IDNR documents.
    (pp.
    336 - 346)
    Attachment 11:
    Baseline surface water sample site data.
    (pp.
    347
    - 348)
    Attachment 12:
    Memorandum to
    Sierra
    Club
    from its research
    engineer.
    (pp.
    349 - 352)
    Attachment 13:
    “Acid Mine Drainage:
    Innovative
    Treatment
    Technologies.”
    (pp.
    353 - 404)
    Attachment 14:
    “The Passive
    Treatment
    of Coal Mine
    Drainage.”
    (pp.
    405 - 476)
    Attachment 15:
    “Applications of Passive
    Treatment to Trace
    Metals
    Removal.”
    (pp.
    477 - 482)
    Attachment 16:
    “Rapid Manganese
    Removal from Mine Waters
    using
    an
    Aerated
    Packed-Bed
    Bioreactor.”
    (pp.
    483 - 490)
    Attachment 17:
    “Treatment Technology Summary
    for Critical
    Pollutants
    of Concern in
    Power Plant
    Wastewaters.”
    (pp.
    491 - 562)
    Attachment 18: New Logic
    Research, “VSEP
    Filtration
    of
    Acid
    Mine
    Drainage.”
    (pp.
    563
    - 572)
    Attachment 19: “VSEP
    Treatment of RO Reject from
    Brackish Well
    Water.”
    (pp.
    573
    - 591)
    Attachment 20: “Fugitive
    Dust Control.”
    (pp.
    592 - 596)
    2
    3.
    Hearing mailing list.
    (pp.
    597 - 601)
    4.
    E-mail by Illinois EPA, dated September 24, 2008.
    (p.
    602)
    Permit file documents
    5.
    “Identification and Assessment of Best Management
    Practices in Illinois Mining
    Operations to Minimize Sulfate and Chloride Discharges”
    (“SIU report”), June 2007.
    (pp.
    603 - 728)
    6.
    Application (Part
    1)
    for permit submitted
    by
    Sugar Camp, received
    August
    7,
    2007.
    (pp.
    729 - 737)
    7.
    Application (complete) for permit submitted by Sugar Camp, received
    August
    7, 2007.
    (pp.
    738
    - 1214)
    8.
    Memorandum dated August 9,
    2007, from Illinois Department of Natural Resources
    (“IDNR”) to
    Department of Agriculture.
    (p.
    1215)
    9.
    General review of
    permit application, August 31, 2007.
    (pp.
    1216 - 1223)
    10.
    E-mail chain dated
    September
    5,
    2007, between Sugar Camp and Illinois EPA, with
    attached
    baseline surface water sample site date.
    (pp.
    1224 - 1230)
    11.
    Letter
    dated September 18,
    2007, from Illinois EPA to Sugar Camp.
    (pp.
    1231 - 1235)
    12.
    Letter
    dated September 18,
    2007, from Illinois EPA to IDNR.
    (pp.
    1236 - 1239)
    13.
    Illinois
    EPA
    memorandum dated
    September 18, 2007.
    (pp.
    1240 - 1242)
    14.
    E-mail chain dated
    December 12, 2007, between Sugar Camp and Illinois EPA.
    (pp.
    1243 - 1244)
    15.
    Letter of
    response addressing modifications,
    dated February 4,
    2008, from Sugar Camp
    to
    Illinois
    EPA,
    with attachments.
    (pp.
    1245 - 1302)
    16.
    Transmittal dated February 26, 2008, from
    Sugar Camp
    to Illinois
    EPA, providing
    revised
    Schedule A,
    discharge location and characteristics for new and existing mines.
    (pp.
    1303
    - 1304)
    17.
    Illinois EPA
    e-mail dated February
    27, 2008, forwarding review
    and
    comment on
    Sugar
    Camp
    modification
    letter.
    (pp.
    1305 - 1306)
    18.
    E-mail chain
    dated March
    3,
    2008, between Illinois EPA and IDNR. (p. 1307)
    3
    19.
    Illinois EPA review
    of application
    dated
    April
    1,2008.
    (pp.
    1308
    - 1314)
    20.
    E-mail
    dated
    April
    2, 2008,
    from Illinois
    EPA to
    Sugar
    Camp.
    (p.
    1315)
    21.
    E-mail
    chain dated April 2
    — 3, 2008,
    between Illinois
    EPA and Sugar
    Camp,
    with
    attachments.
    (pp.
    1316 - 1330)
    22.
    Illinois EPA
    memorandum
    dated
    April 4, 2008, with
    attached
    documents
    relating to
    anti-
    degradation assessment
    and water quality
    based effluent
    limit evaluation.
    (pp.
    1331 -
    1345)
    23.
    Illinois
    EPA e-mail chain dated
    April 7, 2008.
    (p.
    1346)
    24.
    Illinois EPA e-mail
    chain dated June
    3,
    2008.
    (p.
    1347)
    25.
    Illinois
    EPA e-mail
    dated June 4, 2008,
    concerning
    mixing.
    (pp.
    1348
    - 1349)
    26.
    Illinois
    EPA e-mail dated
    June
    9,
    2008,
    with attached draft
    memoranda
    re antidegradation
    assessment
    and WQBEL.
    (pp.
    1350- 1356)
    27.
    IDNR
    notice
    re endangered
    species, dated
    June 9, 2008.
    (1357 - 1358)
    28.
    Illinois EPA
    notation dated
    June 30, 2008,
    written on
    freshwater pond
    calculations
    document.
    (pp.
    1359 - 1371)
    29.
    Illinois
    EPA
    e-mail
    dated
    July 1, 2008.
    (pp.
    1372 - 1373)
    30.
    E-mail dated
    July 2, 2008,
    from
    IDNR to Illinois
    EPA.
    (p.
    1374)
    31.
    Illinois EPA
    memorandum dated
    July
    8,
    2008,
    re WQBEL
    evaluation.
    (pp.
    1375
    - 1376)
    32.
    Illinois EPA
    memorandum dated
    July 9, 2008,
    re antidegradation
    assessment.
    (pp.
    1377 -
    1379)
    33.
    Illinois
    EPA
    memorandum
    dated July 10, 2008, with
    comments
    on permit.
    (pp.
    1380 -
    1381)
    34.
    Letter
    dated July 14,
    2008, from
    IDNR to Illinois EPA.
    (p.
    1382)
    35.
    Draft
    permit.
    (pp.
    1383- 1397)
    36.
    Cover
    letters dated
    July 25,
    2008,
    to County Clerk,
    Franklin County;
    Sugar
    Camp;
    U.S.
    Army
    Corps of
    Engineers (St. Louis);
    and
    U.S.
    Fish
    & Wildlife
    Service, with draft
    permit
    with
    public
    notice
    period of July
    25, 2008 — August 25,
    2008.
    (pp.
    1398
    - 1429)
    4
    37.
    Illinois
    EPA e-mail
    dated July
    31,
    2008.
    (pp.
    1430
    - 1431)
    38.
    Illinois EPA
    e-mail dated August
    19, 2008.
    (p.
    1432)
    39.
    Illinois EPA
    e-mail
    chain
    dated September
    11 — 16, 2008,
    with attachment.
    (pp.
    1433
    -
    1436)
    40.
    Illinois
    EPA
    e-mail
    chain dated September
    19, 2008.
    (pp.
    1437 -
    1438)
    41.
    E-mail dated September
    19, 2008,
    from
    Sugar
    Camp to Illinois EPA.
    (p. 1439)
    42.
    E-mail dated
    September 19, 2008,
    from Sugar
    Camp to Illinois EPA,
    with attached
    economic impact
    report.
    (pp.
    1440
    — 1453)
    43.
    Illinois
    EPA e-mail chain dated
    September
    22,
    2008.
    (pp.
    1454
    - 1455)
    44.
    E-mail
    dated September
    23, 2008, from
    Sugar
    Camp to Illinois
    EPA, with attached
    responses.
    (pp.
    1456 -
    1460)
    45.
    E-mail
    chain dated September
    30, 2008,
    from
    Sugar Camp
    to Illinois EPA, with
    attached
    surface
    monitoring
    pian.
    (pp.
    1461 - 1466)
    46.
    Illinois EPA responses
    to comments,
    dated October 17,
    2008.
    (pp.
    1467 -
    1468)
    47.
    Illinois EPA
    e-mail dated November
    5, 2008. (p. 1469)
    48.
    E-mail chain
    dated November 5
    — 7, 2008, between Illinois
    EPA
    and IDNR.
    (p. 1470)
    49.
    Water well
    data, printed November
    14, 2008.
    (pp.
    1471
    - 1478)
    50.
    Illinois EPA
    e-mail
    dated November
    18, 2008.
    (p.
    1479)
    51.
    Illinois
    EPA
    e-mail
    dated
    November
    19,
    2008.
    (p.
    1480)
    52.
    Sugar Camp
    summary
    of
    alternative
    mine treatment processes,
    dated November
    20,
    2008.
    (pp.
    1481 - 1490)
    53.
    Illinois EPA review
    of alternative mine
    treatment
    processes.
    (pp.
    1491
    - .1492)
    54.
    Responsiveness
    Summary, December
    2, 2008.
    (pp.
    1493 - 1541)
    55.
    Cover letter dated
    December 2, 2008,
    with attached
    NPDES Permit 1L0078565,
    issued
    and
    effective December
    2,
    2008.
    (pp.
    1542 - 1560)
    5
    Respectfully
    submitted,
    LISA MADIGAN,
    Attorney General
    of the
    State of
    Illinois,
    MATTHEW J. DUNN,
    Chief
    Environmental
    Enforcement/Asbestos
    Litigation
    Division
    By:
    THOMAS DAVIS,
    Chief
    Environmental Bureau
    Assistant
    Attorney
    General
    500
    South
    Second
    Street
    Springfield,
    Illinois
    62706
    217/782-9031
    Dated:
    March 20, 2009
    THIS FILING PRINTED
    ON RECYCLED
    PAPER
    6

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