cKP
OCT
07
2009
STATE
OF
ILUNOIS
OFFICE OF
THE ATTORNEY
GENERAL
POllution
Contro
Board
STATE OF ILLINOIS
Lisa
Madigan
ATTORNEY GENERAL
October
5,
2009
:,
r-.
A_
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. O946’
Dear Clerk:
- 3
Enclosed for filing
please find
the
original
and
two
copies of a Notice of
Filing and
Agency
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,
7Jd4p/(,
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 POLLU11ON
CONTROL
BOARD
RECEVED
CLERK’S
OFFICE
PRAIRIE RIVERS
NETWORK
)
and
SIERRA CLUB,
)
OCT
07
2009
STATE
OF
ILLINOIS
Complainants,
)
POllUtion
Control
Board
v.
)
PCBN0.G9-4fr
)
(Third Party NPDES
Permit
Appeal)
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
4
I
NOTICE
OF
FILING
To:
Albert F.
Ettinger
Elizabeth
Hoskins
Dow
Jessica
Dexter
Bailey
and Glasser,
LLP
Environmental
Law and Policy
Center
1003
Western Avenue
35 East
Wacker
Drive, Ste. 1300
Joliet,
IL
60435
Chicago,
IL 60601
Susan
Franzetti
Nijman
Franzetti
LLP
10 South
LaSalle
Street,
Ste.
3600
Chicago,
IL 60603
PLEASE
TAKE
NOTICE that on this
date I mailed for
filing with the Clerk
of the
Pollution
Control
Board
of
the
State of Illinois,
an Entry of
Appearance and Agency
Record,
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
gationDh
Assistant Attorney
General
Environmental
Bureau
500
South
Second Street
Springfield,
Illinois
62706
217/782-9031
Dated: October
5,
2009
CERTIFICATE OF SERVICE
I
hereby certify that did
on October 5, 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
AGENCY RECORD
To:
Albert
F.
Ettinger
Jessica Dexter
Environmental Law and Policy Center
35 East
Wacker Drive,
Ste.
1300
Chicago,
IL
60601
Susan Franzetti
Nmn
Franzetti LLP
10 South
LaSalle
Street, Ste. 3600
Chicago,
IL 60603
Elizabeth
Hoskins
Dow
Bailey
and
Glasser, LLP
1003 Western Avenue
Joliet, IL 60435
and
the
original and two
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
JAMES L.
MORGA/
forTHQMASDAVl
Assistant Attorney
General
This filing is submitted on recycled paper.
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
PRAIRIE
RIVERS NETWORK
)
and SIERRA CLUB,
)
)
0CT072
009
Petitioners,
)
STATE
OF
ILUNOIS
v.
)
PCB
No. 10-003
POJIUt!Ofl
Control
Board
)
(Third
Party
NPDES Permit
Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
and
)
HILLSBORO ENERGY,
L.L.C.,
)
)
Respondents.)
ET1{1
On
behalf
of the ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY, by LISA
MADIGAN, Attorney General of the
State
of
Illinois, Thomas Davis,
Assistant Attorney
General
of
the State of Illinois, hereby enters his appearance as attorney of
record pursuant to Section
10 1.400(a)
of the Board’s Procedural Rules.
Respectfully Submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
LISA MADIGAN,
Attorney
General of the State of Illinois,
MATTHEW
J. DU1’J, 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:
October
5,
2009
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
CEIVE
PRAIRIE
RIVERS
NETWORK
)
CLERK’S
OFp”
and
SIERRA
CLUB,
)
OCT
072009
Petitioners,
)
STATE
OF
ILLINOIS
v.
)
PCB No.
10-003
OhlUuon
Control
Board
)
(Third
Party
NPDES
Permit
Appeal)
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
and
)
HILLSBORO
ENERGY,
L.L.C.,
)
)
Respondent.
)
TC
I
ftJ
Edl.
Respondent,
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
in
accordance
with
the
procedural
rules of the
Illinois Pollution
Control
Board
as set
forth
in
35 Iii. Adm.
Code
105.212
and 105.116,
files
as its Record
in
this
cause
the Illinois
EPA’s
record
of
Hilisboro
Energy, LLC’s
National
Discharge
Elimination
System
(“NPDES”)
permit
public
hearing
and the
Illinois
EPA’s record
of
NPDES
Permit
No. 1L0078727,
as
issued
to
Hillsboro
Energy on
May
29, 2009,
which
is
attached
and consists
of the
following
documents:
Hearing file
documents
1.
Public
hearing
exhibits.
Exhibit
1: Draft
permit,
public
notice.
(pp.
1
- 33)
Exhibit 2:
Notice
of Public
Hearing,
original
and
revised.
(pp.
34 - 37)
Exhibit
3: Comment
letter.
(p.
38)
Exhibit
4: Comment
letter
from
Sierra Club
dated
July
14, 2008.
(pp.
39 - 46)
Attachment
1:
Public Notice
by
U.S.
Army
Corps
of Engineers,
St. Louis
District,
issued
June
20, 2008.
(pp.
47 - 56)
Attachment
2:
Surface
utilities
map.
(pp.
57
- 58)
Attachment
3: Post
subsidence
map.
(pp.
59 - 60)
Attachment
4:
Illinois
Department
of
Natural Resources
(“IDNR”)
letter
dated
May
30,
2008.
(pp.
61
- 78)
AttachmentS:
Letter
from
Sierra Club
dated
March
31,
2008.
(pp.
79 -
84)
Attachment
6: Baseline
surface water
sample
site data.
(pp.
85 -
86)
Attachment
7:
Southwest
Hydrology,
“Water
Treatment
as a
Mitigation
Method
for Pit Lakes.”
(pp.
87 - 90)
Attachment
8: “Sulfate
Removal from
Injected
Water in Oilfield
Operations.”
(pp.
9 1-95)
Attachment 9: “Sulphate
Removal
Demonstration
Plant.”
(pp.
96
- 98)
Exhibit
5: Comment letter.
(p.
99)
Exhibit 6: Comment
letter.
(p.
100)
Exhibit
7:
Comment
letter.
(pp.
101 - 102)
Exhibit
8: Comment letter.
(p.
103)
Exhibit 9: Comment letter.
(pp.
104 - 105)
Exhibit 1 0: Comment letter.
(p.
106)
Exhibit 11:
Comment letter.
(p.
107)
Exhibit
12: Comment letter.
(pp.
108 - 109)
Exhibit 13: Comment letter.
(pp.
110 - 122)
Exhibit 14:
Comment letter:
(p.
I
23j
Exhibit 15: Comment letter.
(p.
124)
Exhibit 16: The Journal-News (Hillsboro)
letter
to editor dated August
7, 2008.
(pp.
125 - 127)
Exhibit 17: The Journal-News letter
to the editor dated
August 13, 2008.
(pp.
128 - 129)
Exhibit 18: Springfield Journal-Register
letter dated September 2,
2008.
(p.
130)
Exhibit 19: Springfield Journal-Register
letter dated September
5, 2008.
(p.
131)
Exhibit 20: Free Press-Progress
(Nokomis)
letter
dated September 4,
008.
(p.
132)
Exhibit 21: Comment email.
(pp.
133 - 139)
Exhibit 22: Sedimentation technology alternatives analysis
submitted by Gary
Raines, HDR, Inc. (consultant), September
7,
2008.
(pp.
140 - 141)
Exhibit 23: Alternatives analysis for proposed outfalls
(antidegradation analysis)
submitted by Gary Raines.
(pp.
142 - 143)
Exhibit 24: Comment letter.
(pp.
144 - 146)
Exhibit 25: Comment
letter.
(pp.
147 - 150)
Exhibit 26:
Comment
letter.
(pp.
151 - 152)
Exhibit 27:
Memorandum
dated May 19, 2008, from
Bob Mosher to Larry
Crislip, re water
quality
based effluent limit.
(pp.
153 — 156)
Exhibit 28: Comment letter with attached articles.
(pp.
777
- 790)
Exhibit 29: Montgomery County: Past, Present
and Alternative Futures
economic
impact analysis, by Dr.
Leonard Branson and Professor
Joe Wilkens,
University of Illinois at Springfield.
(pp.
157 - 213)
Exhibit 30: Comment email.
(pp.
214 - 215)
Exhibit 3 1:
State-Journal
Register article.
(pp.
216 - 217)
Exhibit 32:
Comment letter.
(pp.
218 -219)
Exhibit 33:
Comment letter.
(p.
220)
Exhibit 34: Comment letter.
(p.
221)
Exhibit 35: Comment letter.
(p.
222)
Exhibit 36: Comment letter.
(p.
223 - 224)
Exhibit
37:
Comment
letter.
(pp.
225 -
226)
Exhibit
38: Comment
letter.
(pp.
227 - 228)
Exhibit 39:
Journal-News
articles on
September
22, 2008.
(pp.
229
- 230)
Exhibit
40:
Comment
letter
from
Sierra
Club
dated
October
17,
2008.
(pp.
231
-
237)
Attachment
40-1:
Biological
stream ratings
map.
(p.
238)
Attachment
40-2: Letter
dated August
2, 2007, from
IDNR to
Hilisboro
Energy.
(pp.
239
- 240)
Attachment
40-3:
Letter dated
August
14, 2008,
from
IDNR
responding
to
CALM
and
Sierra Club
request
for documents
through
FOJA,
forwarding
notice
of violation
number
28-1-05.
(pp.
241
- 261)
Attachment
40-4:
Notice of
violation number
37-5-05.
(pp.
262 - 275)
Attachment
40-5: Notice
of violation
number
37-6-05.
(pp.
276
- 287)
Attachment
40-6:
Notice
Of violation
number
37-1-06.
(pp.
288
—298)
Aitachiient
40-7. Meinaiiduimdaed
October
15,
)O8, from
Carpenti
Environmental
Association
to Sierra
Club.
(pp.
299 - 302)
Attachment
40-8:
“Acid Mine
Drainage:
Innovative
Treatment
Technologies,”
October
2003, prepared
by
Christine Costello.
(pp.
303 -
354)
Attachment
40-9:
“The
Passive
Treatment
of
Coal Mine
Drainage,”
U.S.
Department
of Energy
National
Energy
Technology
Laboratory.
(pp.
355
-
426)
Attachment
40-10:
“Applications
of Passive
Treatment
to Trace
Metals
Removal,”
by Kevin Hoover
et
a!.
(pp.
427
- 432)
Attachment
40-11:
“Rapid Manganese
Removal
from
Mine
Waters
Using
an
Aerated
Packed-Bed
Bioreactor,”
by
Karen
Johnson
and
Paul Younger.
(pp.
433 -439)
Attachment
40-12: “Treatment
Technology
Summary
for
Critical
Pollutants
of
Concern
in
Power
Plant
Wastewaters,”
Electric Power
Research
Institute.
(pp.
440 - 510)
Attachment
40-13:
New
Logic Research,
“VSEP
Filtration of
Acid
Mine
Drainage.”
(pp.
511
-520)
Attachment
40-14: “VSEP
Treatment
of RO
Reject
from Brackish
Well
Water:
A Comparison
of
Conventional
Treatment
Methods
and
VSEP,
a
Vibrating
Membrane
Filtration
System,”
by
Greg
Johnson,
Larry Stowell,
and
Michele Monroe.
(pp.
521
- 539)
Attachment
40-15:
Power
Engineering
International,
“Fugitive
Dust
Control,”
May
1999.
(pp.
540
- 544)
Exhibit
41:
Comment
letter dated
October 20,
2008, from
Cindy
Skrukrud,
Sierra
Club.
(p.
545)
Exhibit 42:
Comment
letter.
(p.
546)
Exhibit
43: Comment
letter.
(pp.
547
- 549)
Exhibit
44:
Comment
letter.
(pp.
550 -
551)
Exhibit
45:
Comment
letter with
attachments.
(pp.
552
- 577)
2.
Hearing transcript.
(pp.
578 - 776)
Permit
file documents
3.
National Dam Safety
Program inspection
report dated
August 1981,
prepared
by U.S.
Department
of Army Corps of Engineers,
Chicago
District.
(pp.
791 - 862)
4.
Table of typical leachate
quality of
coal refuse, SME,
“Coal Preparation,”
1991.
(P.
863)
5.
List of
reference
material and
websites.
(p.
864)
6.
Letter dated July 20, 2007,
from Hillsboro
engineer
to IDNR.
(pp.
865 - 867)
7.
Letter dated August 2, 2007, from IDNR
to Hillsboro Energy.
(pp.
868 - 869)
8.
Illinois EPA e-mail chain
dated
July 25, 2007 and
August 13, 2007.
(p.
870)
9.
E-mail chain between Illinois EPA
and
Hilisboro Energy dated November
9, 14 and 15,
2007, with
attachment.
(pp.
871 - 872)
10.
Application (Book 1) for
permit
submitted by Hilisboro
Energy, received January 10,
2008.
(pp.
873 - 1497)
11.
Application maps (Book 2).
(pp.
1498 - 1512)
12.
Permit review by
Iwona Ward
dated
January
10, 2008.
(pp.
1513 - 1524)
13.
Permit
review
notes
of
Amy Zimmer dated
January 14, 2008.
(pp.
1525 - 1529)
14.
Subsurface
cross section of permit area,
submitted
by
Hilisboro Energy.
(p.
1530)
15.
Responses to
questions, submitted
by
Hilisboro
Energy engineer.
(pp.
1531 - 1544)
16.
Illinois EPA
memorandum dated February 14, 2008.
(pp.
1545 - 1550)
17.
Letter from Illinois EPA to
Hillsboro
Energy dated February 15, 2008.
(pp.
1551
.- 1557)
18.
Letter from
Illinois EPA
to
IDNR
dated
February
15, 2008.
(pp.
1558
- 1561)
19.
Consideration
of manganese limit on proposed discharge
point No.
5,
submitted by
Hilisboro
Energy.
(pp.
1562- 1566)
20.
Lake
Hillsboro analysis.
(pp.
1567 - 1568)
21.
Illinois
EPA modification letter response compiled March 2008, with attachments,
received March
13, 2008.
(pp.
1569 - 1616)
22.
Proposal
to eliminate discharge, with
attachments, dated May
7,
2008,
submitted by
Hillsboro Energy.
(pp.
1617
- 1662)
23.
Illinois
memorandum
dated
May 14,
2008, requesting water quality
based
effluent
limit
evaluation, with attachment,
(pp.
1663 - 1673)
24.
Illinois
memorandum dated May 19,
2008,
with
antidegradation assessment.
(pp.
1674 -
1675)
25.
Illinois memorandum
dated May 19, 2008, providing water quality
based
effluent
limit
evaluation.
(pp.
1676 - 1679)
:
rennnfevewby iworïa
Ward datec Mry.iic O8:
pp.
1680 - 1703)
27.
Letter from Illinois EPA to Hilisboro Energy dated June 12, 2008.
(p.
1704)
28.
Cover letters dated June 12, 2008, to
County Clerk, Montgomery County; Hillsboro
Energy; U.S. Army Corps of Engineers (St.
Louis);
and U.S.
Fish
&
Wildlife Service, and
Illinois EPA, Springfield Region, with
draft permit, public notice/fact sheet.
(pp.
1705
-
1742)
29.
Post card from Montgomery
County Clerk acknowledging
public notice posting.
(p.
1743)
30.
Comment letter requesting
public
hearing.
(pp.
1744 - 1745)
31.
Review of treatment
alternatives presented in Sierra Club letter
of July 14, 2008.
(pp.
1746- 1747)
32.
Background
samples from September 2007 through
November 2008, submitted by
Hilisboro
Energy.
(pp.
1748 - 1751)
33.
E-mail
chain
dated
December 30, 2008, between
Illinois
EPA and IDNR,
(p.
1752)
34.
E-mail chain dated
December 24, 2008 through January 9, 2009
between
Hilisboro
Energy
contracted
engineer
and IDNR, with attached
analytical results
from Teklab, Inc.
(pp.
1753 - 1771)
35.
Letter dated January
18, 2009, from Hilisboro
Energy to Larry Crislip.
(pp.
1772 - 1775)
36.
E-mail dated
February
3,
2009, from
Larry Crislip
to
Toby Frevert,
with attached
questions.
(pp.
1776 - 1777)
37.
E-mail dated February 11, 2009, from Hilisboro Energy
to
Larry
Crislip, with
attached
commitments.
(pp.
1778
- 1780)
38.
Illinois
EPA
e-mail dated March
13,
2009.
(p.
1781)
39.
Illinois EPA e-mail chain dated March 20, 2009.
(pp.
1782
- 1783)
40.
E-mail
dated
March 27,
2009,
from Patton Mining LLC
to
Larry Crislip.
(p.
1784)
41.
Letter dated
May
14, 2009, from
Hilisboro Energy
to
Sanjay Sofat.
(pp.
1785
- 1790)
42.
Memorandum dated May 27, 2009, from
Division
of
Legal
Counsel to
Illinois
EPA
Director.
(p.
1791)
43.
Responsiveness
SulTirnary; May 29; 2O39.
pp
i792-
48)
44.
Illinois
EPA
letter re availability
of Responsiveness Summary, May 29, 2009.
(p.
1849)
45.
Cover letter dated May
29, 2009,
with attached NPDES Permit 1L0078727, issued and
effective May 29,
2009.
(pp.
1850- 1875)
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:
October
5,
2009
THIS
FILING PRINTED
ON
RECYCLED PAPER