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