Prairie Rivers Network v. The Illinois Pollution Control Board
50 N.E.3d 680
Ill. App. Ct.2016Background
- IEPA issued NPDES permits for the Stickney, Calumet, and O'Brien water reclamation plants operated by the District.
- Final permits included a 1.0 mg/L total phosphorus effluent limit and a special condition that the effluent cannot cause or contribute to water quality violations.
- Petitioners argued the 1.0 mg/L limit is not stringent enough to prevent violations of Illinois water quality standards, including narrative criteria.
- No numeric phosphorus standard had been established by the Board; petitioners urged the permits be tied to stricter, data-supported limits.
- The Board granted summary judgment to respondents; petitioners sought review arguing a failure to comply with Act and regulations.
- On appeal, the court found genuine issues of material fact regarding whether the permits satisfy the Act and Board regulations and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does IEPA's 1.0 mg/L limit satisfy narrative standard requirements? | Petitioners argue limit is not sufficiently stringent. | Respondents contend no numeric standard exists; 1.0 mg/L is reasonable given absence of numeric standards. | Genuine issues of material fact preclude summary judgment. |
| Is there reasonable potential to violate water quality standards based on phosphorus limits? | Phosphorus limits should reflect lower levels to prevent algal growth and DO violations. | No binding numeric standard; 1.0 mg/L reduces phosphorus discharges by ~50%. | Issue of reasonable potential factual question; not appropriate for summary judgment. |
| Does the special condition guaranteeing no water quality violations ensure compliance? | Condition lacks guidance to determine compliance; ineffective as a monitoring standard. | Condition signals DO/biological protections but lacks enforceable metrics. | Not dispositive; remand to develop adequate guidance and proof of compliance. |
Key Cases Cited
- American Paper Institute, Inc. v. United States Environmental Protection Agency, 996 F.2d 346 (D.C. Cir. 1993) (explains how narrative criteria are translated into numeric effluent limits)
- Natural Resources Defense Council v. United States Environmental Protection Agency, 808 F.3d 556 (2d Cir. 2015) (special condition insufficient to ensure compliance with water quality standards)
- Illinois Environmental Protection Agency v. Illinois Pollution Control Board, 386 Ill. App. 3d 375 (2008) (Board regulations to preserve water quality in NPDES permits)