BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PRAIRIE RIVERS NETWORK
)
and SIERRA CLUB,
)
)
Petitioners,
)
)
v.
)
PCB 2009-46
)
(Third Party NPDES Appeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY and
)
SUGAR CAMP ENERGY, LLC.,
)
)
Respondents.
)
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
Ms. Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, IL 62794-9274
Persons included on the
ATTACHED SERVICE LIST
PLEASE TAKE NOTICE
that I have electronically filed today with the Office of the Clerk of
the Pollution Control Board the attached
Petitioners’ interrogatories to the Illinois
Environmental Protection Agency
, a copy of which is herewith served upon you.
Respectfully submitted,
Albert Ettinger (Reg. No. 3125045)
Jessica Dexter (Reg. No. 6298340)
Counsel for Prairie Rivers Network and Sierra Club
Date: July 14
th
, 2009
Environmental Law and Policy Center
35 E. Wacker Dr. Suite 1300
Chicago, Illinois 60601
312-795-3707
Electronic Filing - Received, Clerk's Office, July 14, 2009
1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PRAIRIE RIVERS NETWORK
)
and SIERRA CLUB,
)
)
Petitioners,
)
)
v.
)
PCB 2009-46
)
(Third Party NPDES Appeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY and
)
SUGAR CAMP ENERGY, LLC.,
)
)
Respondents.
)
PETTITIONERS’ INTERROGATORIES TO THE ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
Petitioners Prairie Rivers Network and Sierra Club hereby pose the following
interrogatories to the Illinois Environmental Protection Agency with regard to the terms
and conditions of NPDES permit IL0078565 that is the subject of this appeal.
Definitions
1. The “Final New NPDES Permit” means the seventeen page document entitled “New
NPDES Permit” dated December 2, 2008, that is contained in the record at pages 1544 to
1560.
2. The “Permit” means the Final New NPDES Permit together with any other documents
that the Agency believes contains conditions or definitions that constitute enforceable
conditions on the Agency decision to allow the Sugar Camp Energy LLC to discharge.
3. "Identify" means, in the case of a document, to state the record citation number(s) of
the document and author of the document or, if the document is not in the record, the
author, title and date of the document.
Electronic Filing - Received, Clerk's Office, July 14, 2009
2
4. The “Agency” means the Illinois Environmental Protection Agency and all of its
officers, employees, consultants and contractors.
5. “Record before the Agency” and “record” means the all of the documents that the
Agency considers to be in the Record before the Agency for the issuance of the Permit
under 415 ILCS5/40(e).
Interrogatories
1. Please identify all of the documents that define the Best Management Practices that
are required to be implemented under Condition 10 of the Construction of the Final New
NPDES Permit (Record page 001553) including:
a. The author of the document,
b. Whether the document is contained in the Record
c. The pages of the document that define the Best Management Practices
d. If the document is not in the Record, any reason for it not being in the Record,
e. Where in the Record or elsewhere one can find the recording, reporting,
monitoring or sampling conditions of the permit that would allow the Agency or
members of the public to determine whether the permit holder had implemented
the required Best Management Practices. 35 Ill. Adm. Code 309.146.
Electronic Filing - Received, Clerk's Office, July 14, 2009
3
2. Please identify any and all documents, other than the Final New NPDES Permit and
any documents identified in response to interrogatory #1, that contain enforceable
conditions of the Permit and for each such document, please state:
a. Whether the document is contained in the Record,
b. If the document is not in the Record, any reason for it not being in the record,
c. The pages of the document that include such enforceable conditions, and
d. Where in the Record or elsewhere one can find the provisions for recording,
reporting, monitoring and sampling the permit holder’s compliance with the
conditions. See 35 Ill. Adm. Code 309.146.
Albert Ettinger (Reg. No. 3125045)
Jessica Dexter (Reg. No. 6298340)
Counsel for Prairie Rivers Network and Sierra Club
Date: July 14
th
, 2009
Electronic Filing - Received, Clerk's Office, July 14, 2009
CERTIFICATE OF SERVICE
I, Albert Ettinger, hereby certify that I have served the attached
Petitioners’
Interrogatories to the Illinois Environmental Protection Agency
upon:
Mr. John T. Therriault
Assistant Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
via electronic filing on July 14
th
, 2009; and upon the attached service list by depositing said
documents in the United States Mail, postage prepaid, in Chicago, Illinois on July 14
th
, 2009.
Respectfully submitted,
Albert Ettinger
Senior Attorney
Environmental Law and Policy Center
35 East Wacker Drive, Suite 1300
Chicago, IL 60601
312-795-3707
Electronic Filing - Received, Clerk's Office, July 14, 2009
SERVICE LIST
July 14
th
, 2009
Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Springfield, IL 62794
Thomas Davis, Asst. Attorney General
Office of the Attorney General
State of Illinois, Environmental Bureau
500 South Second Street
Springfield, IL 62706
Brian A. Glasser
Jonathan D. Boggs
Bailey & Glasser LLP
209 Capitol Street
Charleston, WV 25301
Elizabeth Hoskins Dow
Sugar Camp Energy, LLC
1003 Western Avenue
Joliet, IL 60435
Susan M. Franzetti
Nijman Franzetti LLP
10 South LaSalle Street, Suite 3600
Chicago, IL 60603
Electronic Filing - Received, Clerk's Office, July 14, 2009
