BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
SANITARY DISTRICT OF
DECATUR,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 09-125
(Variance - Water)
NOTICE OF FILING
TO:
Mr. John T. Therriault
Assistant Clerk of the Board
Illinois
Pollution Control Board
100 W. Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA ELECTRONIC MAIL)
Carol Webb, Esq.
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
(VIA FIRST CLASS MAIL)
(SEE PERSONS ON ATTACHED SERVICE LIST)
TAKE NOTICE that I have today filed with the Office of the Clerk
the Illinois
Pollution Control Board PETITIONER'S RESPONSES TO THE ILLINOIS
POLLUTION CONTROL
BOARD'S QUESTIONS, a copy of which is herewith served
upon you.
Dated: December 21,
2009
Katherine D. Hodge
Lauren C. Lurkins
HODGE DWYER
&
DRIVER
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
17)
523-4900
Respectfully submitted,
SANITARY DISTRICT OF DECATUR,
Petitioner,
By: Is/Katherine D. Hodge
Katherine D. Hodge
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, December 21, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
SANITARY DISTRICT OF
DECATUR,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
)
)
)
)
)
PCB 09-125
(Variance Water)
PETITIONER'S RESPONSES TO THE
ILLINOIS POLLUTION CONTROL BOARD'S QUESTIONS
NOW COMES Petitioner, Sanitary District of Decatur ("Petitioner" or "DistricC),
by and through its attorneys, HODGE DWYER
&
DRIVER, and hereby provides the
following responses to the questions of the Illinois Pollution Control Board ("Board"), as
detailed in the December 14,2009 Hearing Officer Order:
I.
BOARD QUESTIONS AND PETITIONER RESPONSES
Board Question 1(A):
The District's proposed condition
#1
provides that the variance would apply to "the
segment of the Sangamon River that receives dischargefrom the Main Plant (Assessment
Unit ID 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
£-09." Recommendation (Rec.) at
6.
The District states that U[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 Ourfizll
001 should not be the in-stream starting point for the proposed variance? Please
identify
any other oUffall(s) receiving discharges from zinc and nickel
contributors.
Electronic Filing - Received, Clerk's Office, December 21, 2009
Petitioner Response to Board Question 1(A):
Petitioner is not aware of a reason that Outfall 001 should not be the in-stream
starting point for the requested variance.
Petitioner does have three pennitted discharge
points for combined sewer overflow treatment facilities upstream
of the Main Plant
discharge; however, the upstream outfalls are currently not significant contributors of
nickel or zinc.
Board Question 1(B):
B.
Please describe the in-stream ending point for the proposed variance more
precise~y
(e.g., latitude/longitude, GPS coordinates, USGS gauging station
numbers). Please
justifo the location selected.
Petitioner Response to Board Question 1(B):
Petitioner's river monitoring data indicate that its discharge does not result in
ceC:denCt~S
of the water quality standards except during very low flow conditions in the
Sangamon River.
Petition for Review ("Petition") at
The Illinois State Water Survey
has published a map for the Sangamon River basin showing stream flows during seven-
day, ten-year low flow conditions.
http://www.isws.illinois.edu/docs/maps/lowflowlimages/maps/map5.gif.This
map
indicates that during times of low flow, there is no significant additional flow available in
the Sangamon River for mixing with Petitioner's discharge until the Sangamon River's
confluence with the
South Fork, approximately two miles south of Riverton. Based on
this information, a suggested end point for the requested variance is the U.S. Geological
Survey stream gauging station 05576500 at Riverton, 39° 50'
North Latitude, 89°
50"
West Longitude.
2
Electronic Filing - Received, Clerk's Office, December 21, 2009
Board Question 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.
Petitioner Response to Board Question 2:
Sampling data from January through November 2009 show the following average
discharge quantities
to the Sangamon River:
Total Nickel: 6.34 pounds/day
Total Zinc: 9.54 pounds/day
Board Question 3:
The District summarizes monitoring data}l'om March 2007 through March 2009. Pet. at
13. Please clarffy whether the data are for the dissolved or total form ofnickel and zinc.
Petitioner Response to Board Question 3:
The monitoring results on page
13
of the Petition are expressed as total nickel and
total zinc.
Board Question
4:
The District provides tables with dataFom sampling of "River Upstream,
"
"Plant
E.f{luent,
"
"Steven's
"
and "River Downstream." Pet., E'xh.
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 fbur locations in the Sangamon River rather than the one location monitored
since
2007." Pet. at
3 7.
Please provide a map
ident~fying
all of these sampling locations
and the relevant outfall{::,). What are the dis.tances}l'om the
outfall{s~
to the sampling
locations?
Petitioner Response to Board Question 4:
A map identifying sampling locations is provided (which is attached hereto as
Exhibit A). The map shows the southwest portion of the City of Decatur, including a
portion of the Sangamon River beginning just downstream of Lake Decatur at the center
right and flowing from east
to west. Samples described as "upstream" in the Petition
3
Electronic Filing - Received, Clerk's Office, December 21, 2009
were collected at the Illinois Route 48 Bridge crossing the Sangamon River,
approximately two miles upstream
of Petitioner's Outfall 001. Petitioner's Main Plant is
located near the center
of the map, on the north side of the Sangamon River. The
downstream sampling point used for many years is the Wyckles Road (County Higbway
41) Bridge, approximately three stream miles downstream
of Petitioner's Outfall 001.
Sampling points added within the past year are approximately 100 yards, 600 yards, and
1000 yards (Rock Springs Bicycle Trail Bridge) downstream of Petitioner's Outfall 001
as shown on the map.
II.
CONCLUSION
WHEREFORE, Petitioner, SANITARY DISTRICT OF DECATUR, submits, for
the Illinois
Pollution Control Board's consideration, the above responses to the questions
contained in the December 14,
2009 Hearing Officer Order.
Dated: December 21,2009
Katherine D. Hodge
Lauren
C. Lurkins
HODGE DWYER
&
DRIVER
3]
50 Roland Avenue
Post OffIce Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
SDOD:OO lIFilings!Response Board Questions
Respectfully submitted,
SANITARY DISTRICT OF DECATUR,
Petitioner,
Katherine D. Hodge
4
Electronic Filing - Received, Clerk's Office, December 21, 2009
EXHIBIT
A
Map Identifying Sampling Locations
Electronic Filing - Received, Clerk's Office, December 21, 2009
Electronic Filing - Received, Clerk's Office, December 21, 2009
CERTIFICATE OF SERVICE
I, Katherine D. Hodge, the undersigned, hereby certify that I have served the
attached
PETITIONER'S RESPONSES TO THE ILLINOIS POLLUTION CONTROL
BOARD'S QUESTIONS 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 mail on December 21, 2009; and upon:
Carol Webb, Esq.
Hearing
Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
Chad
M. Kruse, Esq.
Assistant Counsel
Illinois Environmental
Protection
1021 North Grand A venue
Post Office Box 19276
Springfield, Illinois 62794-9276
by depositing said documents in the United States Mail, postage prepaid, in Springfield,
Illinois, on December
21,2009.
Katherine D. 110dge
SDOD:OOIlFilfNOF-COS - Response to Board's Questions
Electronic Filing - Received, Clerk's Office, December 21, 2009
