OFFICE OF THE ATTORNEY GENERAL STATE OF ILLINOIS Lisa Madigan ATTORNEY GENERAL March 21, 2018 VIA ELECTRONIC MAIL DNR Drinking Water and Groundwater Program Attn: Adam Freihoefer PO. Box 7921 Madison WI 53707-7921 gov Re: Comments on the City of Racine?s Application for Water Diversion Dear Mr. Freihoefer: On behalf of the Of?ce of the Illinois Attorney General, we are writing to provide our comments on the City of Racine?s Application for Water Diversion. Wisconsin DNR received the application on January 26, 2018 and requested public comments by March 21, 2018. The Attorney General is the chief legal of?cer of the State of Illinois, and has an obligation to represent the interests of the People so as to ensure a healthful environment for all the citizens of the State.1 Lake Michigan is a valuable natural, cultural, economic, aesthetic, and recreational resource for Illinois citizens. According to the Illinois Environmental Protection Agency, . . the Illinois portion of the Lake Michigan watershed is home to half of the total population of Illinois and the lake itself is the largest public drinking water supply in the state, serving nearly 6.6 million people (of a total of over 10 million Consequently, the proposed diversion of an average of _7 million gallons of water per day from Lake Michigan, and the treatment of return ?ow, are of utmost concern to the People of Illinois. Racine?s application identi?es that all wastewater, less an allowance for consumptive use, will be returned to the Lake Michigan basin via the Racine Wastewater Treatment Plant.3 The application estimates that return ?ow at full build-out in 2050 would be 4.3 million gallons per day on average.4 The 111. Const. 1970, art. V, 15; People v. NL Industries, 152 82, 103 (1992). 2 Illinois Environmental Protection Agency, Lake Michigan Monitoring Program, 3 The City of Racine Application for Water Diversion, p. 6. 4 Id. DNR Drinking Water and Groundwater Program March 21, 2018 Page Two application speci?es that the Mount Pleasant Sewer Utility will collect wastewater from the diversion area before pumping the wastewater to Racine?s wastewater treatment facility. Notably, the application does not specify what pretreatment will occur before the wastewater is collected by Mount Pleasant. It is critical that on-site pretreatment occur, and that oxconn?s system meet or exceed Wisconsin pretreatment standards. Foxconn has indicated that it will publicly address water treatment at a later date.5 When Wisconsin DNR receives this information, it should be made readily available online. The public has a right to know the details of what pretreatment is planned at the facility and be assured that the pretreatment will effectively remove as many contaminants as possible. In addition, all ?lings related to wastewater should be accessible online, just as those related to air emissions are currently.6 The application states that the ?Racine Wastewater Utility?s treatment facility can accommodate the forecasted wastewater volume and quality without requiring a Wisconsin Pollutant Discharge Elimination System permit modi?cation.?7 However, the proposed diversion represents a signi?cant increase in Racine?s water use, and it is axiomatic that the return ?ow must meet all applicable permit standards under Racine?s WPDES permit, as well as all water quality standards under local, state, and federal law. Particularly in light of the fact that the potential loading of contaminants from oxconn are unknown at this time, Wisconsin DNR must remain vigilant in ensuring that no exceedances of Racine?s WPDES are allowed. Thank you for your consideration of these comments. We can be reached at the telephone number and email address listed below should you have any questions or wish to discuss our comments. Sincerely, Ann M. (E Chief of St ff Illinois Attorney General?s Of?ce 100 West Randolph Street, 12th Floor Chicago, IL 60601 5 Lee Bergquist, Racine seeks state 0K to tap up to 7 million gallons from Lake Michigan a day for oxconn in Mount Pleasant, MILWAUKEE JOURNAL SENTINEL, Jan. 29, 2018, 1001/. 6 Wisconsin Department of Natural Resources, Wisconsin oxconn Technology Group development project, 7 The City of Racine Application for Water Diversion, p. 6. DNR Drinking Water and Groundwater Program March 21, 2018 Page Three cc: Matthew J. Dunn, Chief Environmental Enforcement! Asbestos Litigation Division Rebecca A. Burlingham Supervising Attorney Environmental Bureau North 312-814-3776 rburlingham@atg.state.il.us