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ILLINOIS POLLUTION CONTROL BOARD
December 14, 2009
SANITARY DISTRICT OF DECATUR,
Petitioner ,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 09-125
(Variance - Water)
HEARING OFFICER ORDER
The hearing officer directs the Sanitary District of Decatur (District) to address
the issues set forth below. The District’s response must be filed by 4:30 p.m. on
December 21, 2009. The Illinois Environmental Protection Agency (Agency) or any
other person may file a comment on the District’s response no later than 4:30 p.m. on
December 24, 2009. The “mailbox rule” (35 Ill. Adm. Code 101.300(b)(2)) does not
apply to any of these filings—accordingly, the Clerk’s office must be in receipt of the
filing by the time given. The above timeframes are established in light of the present
statutory deadline of January 7, 2010, for the Board to decide this case. Any motion by
the District for an extension of time to respond to the issues below must be accompanied
by an appropriate waiver of the statutory decision deadline.
1.
The District’s proposed condition #1 provides that the variance would apply to
“the segment of the Sangamon River that receives discharge from the Main Plant
(Assessment Unit 1D IL_E-09), and downstream segments potentially impacted
by the District’s nickel and zinc discharges.” Petition (Pet.) at 37.
A.
The Agency notes that the District “discharges to the most downstream
portion of E-09.” Recommendation (Rec.) at 6. The District states that
“[t]he Main Plant’s main discharge is via Outfall 001 to the Sangamon
River at 39° 49’ 56” North Latitude, 89° 0’ 7” West Longitude.” Pet. at 6.
Is there any reason that Outfall 001 should not be the in-stream starting
point for the proposed variance? Please identify any other outfall(s)
receiving discharges from zinc and nickel contributors.
B.
Please describe the in-stream ending point for the proposed variance more
precisely (
e.g.
, latitude/longitude, GPS coordinates, USGS gauging station
numbers). Please justify the location selected.
2.
The District lists the average incoming loadings for zinc and nickel. Pet. at 11.
Please describe the loadings of zinc and nickel to the receiving waters.
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3.
The District summarizes monitoring data from March 2007 through March 2009.
Pet. at 13. Please clarify whether the data are for the dissolved or total form of
nickel and zinc.
4.
The District provides tables with data from sampling of “River Upstream,” “Plant
Effluent,” “Steven’s Creek,” and “River Downstream.” Pet., Exh. C. The District
also states that it will continue “monitoring upstream and downstream of the
discharge in the Sangamon River” and that “[d]ownstream monitoring has
recently been modified to include four locations in the Sangamon River rather
than the one location monitored since 2007.” Pet. at 37. Please provide a map
identifying all of these sampling locations and the relevant outfall(s). What are
the distances from the outfall(s) to the sampling locations?
IT IS SO ORDERED.
_____________________
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
webbc@ipcb.state.il.us
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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first
class, on December 14, 2009, to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to
the following on December 14, 2009:
John T. Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
webbc@ipcb.state.il.us
PCB 2009-125
Katherine D. Hodge
Hodge Dwyer & Driver
3150 Roland Avenue
Post Office Box 5776
Springfield, IL 62705-5776
PCB 2009-125
Chad M. Kruse
IEPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PCB 2009-125
Lauren C. Lurkins
Hodge Dwyer & Driver
3150 Roland Avenue
Post Office Box 5776
Springfield, IL 62705-5776
