BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL BOARD
    PRAIRIE RIVERS
    NETWORK
    )
    ‘‘
    112009
    and SIERRA
    CLUB,
    )
    OIIUtU)fl
    STATE
    OFILLINO,
    Control
    Boa%
    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
    Brian
    A.
    Glasser
    Susan
    Franzetti
    Jonathan
    D.
    Boggs
    10
    South
    LaSalle
    Street
    Bailey
    and
    Glasser,
    LLP
    Chicago,
    IL 60603
    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, a
    Supplement to
    Record
    and
    Answers
    to
    Interrogatories,
    copies of which
    are 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:
    September 8,
    2009
    RE
    0
    CLERKS
    CERTIFICATE
    OF
    SERVICE
    SEP
    11
    2009
    I hereby
    certify
    that
    I did
    on
    September
    8,
    2009,
    send by
    First
    Class
    MailpJ_LINO,S
    01
    Board
    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, SUPPLEMENT
    TO RECORD
    and
    ANSWERS
    TO
    INTERROGATORES
    To
    Albert
    F
    Ettinger
    Susan
    Franzetti
    Bradley
    Klein
    10
    South
    LaSalle St
    Environmental
    Law and
    Policy
    Center
    Chicago, IL
    60603
    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
    cLss
    EJJ
    PRAIRIE RIVERS NETWORK
    )
    SEP
    and SIERRA CLUB,
    )
    1
    2009
    SThTE
    Petitioners,
    )
    Pollut
    0
    COtt0IS
    v.
    )
    PCB No. 09-46
    )
    (Third Party NPDES Permit Appeal)
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent
    )
    SUPPLEMENT TO RECORD
    Respondent, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, hereby
    submits
    a
    Supplement
    to
    the Record, comprising IEPA Exhibits 56 though 59 as described in the attached
    document
    entitled “Amended
    Record.”
    Respectfully Submitted,
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    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
    Attorney Reg. No.
    3124200
    500
    South Second
    Street
    Springfield,
    Illinois 62706
    217/782-7968
    Dated:
    September 8,
    2009
    SEP
    142909
    PRAIRIE RIVERS
    BEFORE
    NETWORK
    THE ILLINOIS POLLUTION
    )
    CONTROL
    BOAR,SThTE
    OF
    Ofltro
    ILLINOIS
    s
    and
    SIERRA CLUB,
    )
    P
    i/N,
    Petitioners,
    )
    /‘
    /
    v
    )
    PCB No 09-46
    /
    )
    (Third Party NPDES Permit Appeal)
    L/)
    /
    ILLINOIS
    ENVIRONMENTAL
    )
    c
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ANSWERS
    TO
    INTERROGATORIES
    Respondent, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, hereby
    acknowledges
    service of Petitioners’ Interrogatories on July 16,
    2009,
    and
    provides the following
    answers thereto:
    1.
    Please identify all of
    the documents that define the Best Management Practices that are
    required to be implemented under Condition 11 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. Adrn. Code
    309.146.
    Answer:
    a. Gary W.
    Raines, P.E.
    b. Yes.
    The
    document is IEPA Exhibit
    44
    (Record pages
    001456 through
    001459).
    c.
    Record pages 001457
    through
    001459.
    d.
    Not
    applicable.
    e. The Final New
    NPDES Permit is the
    only
    document
    that
    contains permit
    conditions.
    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.
    Answer:
    None.
    Verification
    by
    Certification
    Under
    penalties
    as provided
    by law pursuant to
    Section 1-109
    of
    the Code of Civil
    Procedure,
    735 ILCS
    5/1-109, the undersigned
    certifies
    that
    the answers made
    herein are true,
    correct and
    complete to the best
    of my knowledge and
    belief.
    By:
    Environmental Protection
    Agency
    Attorney
    Reg. No.
    3124200
    500
    South
    Second
    Street
    Springfield,
    Illinois
    62706
    217/782-7968
    Dated:
    September
    8, 2009
    Respectfully
    Submitted,
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    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

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