ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
PROPOSED SITE SPECIFIC
RULE FOR
C
ILLINOIS, OFFICE OF PUBLIC
TER,
D
SPRINGFIELD
STRICT
ADM. CODE
SECTION 302.208(g): NEW
35
ILL.
ADM.
CODE 303.446
)
)
)
}
R09-8
(Site Specific Rulemaking- Water)
)
)
NOTICE of FILING
TO: Mr. John Therriault
Assistant
Clerk of the
Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago,
Illinois 60601
ion Control Board
R. Thompson Center
100 West Randolph, Suite 11-500
Chicago,
Illinois 60601
I have today filed with the Office of the
Clerk of
Board PETITIONERS' SUGGESTED CORRECT
NOTICE PROPOSED SITE SPECIFIC RULE
copies of which are herewith served upon you.
ectfully submitted,
CITY
OF S
OFFICE OF P
and
SPRINGFIELD
DISTRICT,
Date: April
7,
2009
Katheri
HODGE DW".
3150
Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
LING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, April 7, 2009
* * * * * PC # 7 * * * * * * * *
BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
O F:
P ROPOSED SITE
SPECIF
OR CITY O
ILLINOIS,
OFFICE OF PUBLIC
UTILITIES,
CITY
WATE
AND POWE
METRO SANITARY DISTRICT
FROM
35 ILL. ADM. CODE
SECTION 302.208(g):
NEW 35 ILL.
3.446
1
ers, City of Springfield,
Illinois, Office of Public
Utilities, City Water, Light
and Power ("CWLP") and Springfield
Metro Sanitary District
("District") (collectively "Petitioners"), by
and thro
ttorneys, HODGE
he Illinois Pollution
Control Board ("Board")
language, as inc
the Board's
Lice Opinion and Orde
SUGGESTED
CORRECTIONS TO THE BOARD'S
E PROPOSED SITE SPECIFIC
RULE LANGUAGE
d correct
The Board issued
its Second Notice Opinion and
Order on April 2, 2009. See
Order of the Board,
_In
the Matter of: Proposed
Site Specific Rule
of Springfield, Illinois,
Office of Public Utilities, City Water Light and Power
and
1
Ill. Adm. Code 303.446, (R09-8)
R09-8
(Site Specific Rulemaking-Water)
Code
Section
April 2, 2009). Within
d Notice Opinion and
Order, the Board proposed the following language
for proposed new 35 Ill. Adm. Code
303.446:
Electronic Filing - Received, Clerk's Office, April 7, 2009
* * * * * PC # 7 * * * * * * * *
Section 303.446
Boron Water- Oualitytandard
for segments of the San amon
River and
the Illinois River
The gene 1
use water quality standard for boron set forth in
ýffi.15 ill. Adm,
02,208 shall not a to
naqent
descri ed below
namon River
and the Illinois River
receive discharge from
Outfall 007 of the
Creek Sewage Treatment Plant located
at 3017 North 8th Street
Springfield,
ors, owned b the he
Sorin fig eld Metro Sanitarv District.
Boron levels in those river
se menu
must meet the
fallawin water quality standards
for boro
a) 11.0
=,/L
in an--affsve
the San arg
non
River from Outfall 007
39°_.51' 37.23_4"
North Lon, nude: 89° 38' 30.082"
West to 182 yards
downstream from the confluence
of Spring Creek with the Sangamon River
:390 51' 42.595" North. Longitude:
89° 38.' 30.08
4.5 mg/L in tLýe Sai? amon River from
182 yards downstream of the
confluence of
angamon River La ituc3c: °
51' 42.595" North.
tý to the conflucý}_ce
-
of
Sa
40--7' 33_.009" North- L itude: 89° 49'_40.224"
West a distance of 39.0 river rni
9bbe
Sanmm
from the confluence of Salt
Creek with t
_009'° Nort ý_Lon nude: 89° 49'_40.224"
of the Sanv-amon River with the
Illino
d
' 40.224" West , a distance
of 36.1 river
nois River from the confluence of the Illinois
River with the
amon River (Latitude: 40° 7' 33..09" North, Lon
9°_49' 40.224" West) to 100
yards downstream of the confluence of the Illinois
ith the Sangamon River (Latitude: 40° 1'
20.197" North, Longitude:
90°
5?
Id. at 30-31.
Electronic Filing - Received, Clerk's Office, April 7, 2009
* * * * * PC # 7 * * * * * * * *
Petitioners would
like to bring to the Board's
attention the following
errors
included
in the Board's proposed
Site Specific
e Op
I.
Order:
anguage, as contained
in its Second
bsection
c of the proposed language
- the second reference
to
a stream coordinate is incorrect. The
latitude and longitude for
the confluence
of the Sangamon River with
the Illinois River is
ate. It should
be changed from "(Latitude: 40' 7'
33.009"
North, Longitude: 89° 49' 40.224"
West)" to "(Latitude: 40° 1'
20.995" North,
Longitude: 90° 25' 59.451"
West)" to reflect the
ation Petitioners
submitted on November 21,
2008 in
Attachment H (Coordinates for the
Affected Stream Segments),
which
is attached hereto again as Exhibit
1. At present, the
proposed
language includes the same latitude
and longitude for
two different
locations: the confluence of the Sangamon
River
with Salt Creek, and the confluence
of the Sangamon
stream coordin
2.
In subsection (d
0
Longitude: 89° 49' 40.224" West)"
to "(Latitude: 40° 1'
of the proposed
language - the first reference
to a
incorrect. The latitude
and longitude for the
ver with the Illinois
River is
curate. It should
be changed from "(Latitude: 40° 7' 33.009"
itude: 90° 25' 59.451"
West)" to reflect the
her 21,
2008 in
Coordinates for
the Affected Stream Segments).
title of Section
303.446 (also found in the Table of Contents)
- Petitioners recommend the "s" in "segments"
be capitalized, i.e.,
Segments.
Petitioners suspect that these were
simply mistakes made by the Board in the
development
of its Second Notice Opinion and Order, and that
the mistakes can be easily
corrected before the Site Specific Rule is addressed
by the
Committee on
for the Site Specific Rule to be accurately
reflected in
Illinois
Administrat Code, it is ortant that these
corrections be made. In order to
Electronic Filing - Received, Clerk's Office, April 7, 2009
* * * * * PC # 7 * * * * * * * *
mplify the Board's
review of Petitioners' suggested
corrections, please
see the corrected
Second Notice
Site Specific Rule language attached hereto
as Exhibit 2.
WHEREFORE,
Petitioners, City of Springfield,
Illinois, Office of Public
Utilities,
City Water, Light and Power and Springfield
Metro Sanitary District,
respectfully request
that the
Pollution
Control Board make the
above-mentioned corrections
to the
Illinois
Pollution Control Board's proposed
Site Specific Rule language,
as included in its
Second Notice
Opinion and Order.
Respectfully
submitted,
and
Date: April 7, 2009
By: /s/ Katherine D. Hodge
Their Attorney
3150 Roland Avenue
P.O. Box 5776
Springfield,
Illinois 62705
(217) 523-4900
C WLP:002/FiUSuggested Edits to Second Notice
Electronic Filing - Received, Clerk's Office, April 7, 2009
* * * * * PC # 7 * * * * * * * *
Electronic Filing - Received,
Clerk's Office, November
21, 2008
*****PC#1
*****
C oordinates for
Electronic Filing - Received, Clerk's Office, April 7, 2009
* * * * * PC # 7 * * * * * * * *
Electronic
*****PC#1
*****
g - Received, Clerk's Office, November 21,
2008
S ite-Specific Boron Standard for the Sprin eld
Metro Sanitary District
Spring Creek Plant
Sangamon County, Illinois
Hanson No.
Sangamon River and Illinois River Coordinates
rt
ý
Location
Latitude
__Lo
mit Lid
SMSD Spring
Wreck
P1at11 OutIall
007
39"51 `37.234"
89"38'30.082-
182 'Wards Downstream of the SMSD
39.51'42.595"
89"38"30.()89"
Ot
tfall 007
C'orifuctlcc ofthe Sangamon River
with
40"7'33.009"
_
80,49'40,224`
Salt
Creek
C on1luca1ce of the
Sangamon
River with
40"1'20,995"
9)"25'59.451'.
the Illinois
River
100 Wards Downstream
of
the
4i}" 1 '20,197"
9()"2l3'3.205-
Cortfluence
o ft llc
Sangamon River
w ith
1
the: Illinois
River
I
* Coordinates are approximate and
were
determined using the tllhloi.s State
Water
Survo's Illinois
etit Model GIS files and ArcGIS.
' 1611
Electronic Filing - Received, Clerk's Office, April 7, 2009
* * * * * PC # 7 * * * * * * * *
CORRECTED PROPOSED SECOND
NOTICE
SITE SPECIFIC RULE
LANGUAGE
E XHIBIT
2
Electronic Filing - Received, Clerk's Office, April 7, 2009
* * * * * PC # 7 * * * * * * * *
Section
303.446
Boron Water Quality
Standard for Segments of the Sangamon River and
the Illinois River
water quality
standard for boron set forth in 35 111. Adm. Code 302.208(8) shall
o segments
of
the Sangamon
River and the Illinois River (described below) that
receive discharge from C}utfall 007 of the Spring Creek
Sewage
Treatment
Plant located at 3017
et, Springfield, Illinois, owned by the Springfield Metro
Sanitary
District.
Boron
levels in those river segments must meet the following water quality standards for boron:
11.0 mg/L in the Sangamon River from 6Jutfall 007 (Latitude:
39° 51' 37.234" North,
Longitude: 89° 38' 30.082" West) to 182 yards downstream from the confluence
of
Spring Creek
with
the Sangamon River (Latitude: 39° 51' 42.595" North, Longitude: 89°
38' 30.089" West);
b)
4.5 mg/L in the Sangamon River from 182 yards downstream of the confluence
of Spring
Creek with the Sangamon River (Latitude: 39° 51' 42.595" North, Longitude: 89° 38'
30.089" West) to the confluence of
Salt Creek with the Sangamon River (Latitude: 40° 7'
33.009" North, Longitude: 89'49' 40.224" West), a distance of
39.0
river
miles;
1.6 mg/L in the Sangamon River from the
confluence of Salt Creek with the Sangamon
confluence of the Sangamon River with the Illinois River (Latitude: 40° 1' 20.995"
North, Longitude: 90° 25' 59.451" West), a distance of 36.1 river miles; and
(Latitude: 40° 7' 33.009" North, Longitude: 89° 49' 40.224" West) to
the
d)
1.3 mg/L in the Illinois River from the confluence of the Illinois
Sangamon River (Latitude: 40° 1' 20.995" North, Longitude: 90° 25' 59.451" West) to
100 yards downstream of the confluence of the Illinois River with the
Sangamon River
(Latitude: 40° 1' 20.197" North, Longitude: 90° 26' 3.205" West).
Electronic Filing - Received, Clerk's Office, April 7, 2009
* * * * * PC # 7 * * * * * * * *
IFICATE
OF SE
D. Hodge, the
undersigned, certify that I have served the attached
PETITIO
NOTIC
E
Mr. John Therriault
t Clerk of the Board
Pollution Control Board
James R. Thompson
Center
100 West Randolph
Street
Suite 11-500
ogan-Wilkey, Assistant
Counsel
ion of Legal Counsel
Illinois
Environmental Protection Agency
Post Office Box 19276
linois 62794-9276
Joey. Logan-Wilkey@a illinois.gov
S TO THE
BOARD'S SECOND
LANGUAGE, upon:
for Prairie Rivers Network
c/o Environmental
Law and Policy Center
35 East Wacker
Drive
1300
Chicago, Illinois 60601
1
Traci Barkley
ie Rivers
Network
1902 Fox Drive
Champaign, Illinois 61801
tbarkleyCprai
on April 7, 2009; and upon:
, Illinois 60601
hew Dunn, C
al Bureau
Office of the Attorney General
Washington Street, 1
go, Illinois 60602
Chief Legal Counsel
Illinois Department of
One Natural Resources Way
524 S. Second Street
field, Illinois 62702-1271
r
by depositing said documents in the UZi
Illinois on il 7, 2009.
R. Thompson Center
100 West Randolph,
Suite 11-500
Chicago, Illinois 60601
Assistant Attorne
Office of the Attorney
General
500 South Second Street
field, Illinois
62706
Mail, postage pre
By: /s/ Katherine D. Hodge
Katherine D. Hodge
in
Springfield,
M LP:002/Pilings/ NOF-COS - SLiggested CotTection to 2nd No
Electronic Filing - Received, Clerk's Office, April 7, 2009
* * * * * PC # 7 * * * * * * * *
