Chicago, IL - A new ruling will protect Hickory Creek from harmful sewage waste that would have resulted from a proposed discharge expansion at the New Lenox sewage treatment plant. The Pollution Control Board ruled that the Illinois Environmental Protection Agency (IEPA) erred in issuing a water pollution (NPDES) permit to the Village of New Lenox without doing sufficient research into the resulting enviromental impacts.

Environmental groups appealed the permit before the Board, arguing that more research was needed to determine environmental impacts from the additional waste. The groups -Sierra Club, Prairie Rivers Network, the Des Plaines Watershed Alliance and the Livable Communities Alliance - were represented by Albert Ettinger, Senior Attorney at the Environmental Law & Policy Center.

"This is a major Board decision that will protect rivers, lakes and streams throughout the state. Basically, the Board held that before issuing permits, IEPA must take a hard look backed by real science at the potential environmental effects of new pollution and has to analyze whether allowing so much pollution is really necessary," stated Ettinger.

Specifically, the Pollution Control Board ruled that:

1. the Agency did not adequately consider or require proper studies on whether the New Lenox discharge would hurt Hickory Creek or cause "offensive conditions" by causing unnatural algal blooms,
2. the Agency did not adequately consider whether reduction of nutrient pollution (phosphorus and nitrogen) should be required, and
3. the Agency did not adequately consider whether the expanded plant would discharge too much copper to the creek.

The matter will now go back to IEPA for additional work in studying the creek, increased wastewater treatment and copper. The Sierra Club, Prairie Rivers Network, the Des Plaines Watershed Alliance and the Livable Communities Alliance are eager to work with New Lenox and IEPA to do the necessary studies to protect the creek and work out reasonable approaches to limiting pollution in Hickory Creek.

"Studies, like those going on for the problems in the Fox River and the Du Page River, are needed to see what can be done to prevent unnatural algal blooms and other pollution problems in Hickory Creek," said Traci Barkley, Watershed Scientist for Prairie Rivers Network.

Dr. Cynthia Skrukrud, Clean Water Advocate for the Illinois Chapter of the Sierra Club stated, "Controls on phosphorus pollution are now standard for expanding sewage treatment plants across the state. Better controls on phosphorus and other pollution are needed to protect Hickory Creek."

"Hickory Creek has fish and mussels rarely found in other streams in the Chicago region. It will take the combined efforts of seven communities, two counties and thousands of businesses and citizens to preserve that legacy. Now we can build on the determination of the State to hold the line on additional pollutants entering the creek," said Bill Eyring of the Center for Neighborhood Technology, advisor to the Livable Communities Alliance.

Kim Kowalski, of the Livable Communities Alliance, stressed, "We are very excited about the outcome of this ruling, as we hope it will result in future cooperation with our public officials in New Lenox, Frankfort and other towns and businesses, and will improve decisions that affect the creek by limiting pollution and flooding in this treasured waterway that flows through the center of our community."