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R-1900 - 09/08/2020 - LOCAL GOVERNMENT - Resolutions THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION 2020-OPP-GMD-R-1900 A RESOLUTION OF OPPOSITION TO GRAUE MILL DAM REMOVAL GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk JOHN BAAR PHILIP CUEVAS MICHAEL MANZO MOIN SAIYED EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 8th day of September, 2020 2020-OPP-GMD-R-1900 RESOLUTION OF OPPOSITION TO GRAUE MILL DAM REMOVAL WHEREAS, the portion of the Salt Creek watershed and flowage located within the boundaries of the Village of Oak Brook is a vital natural resource,source of historic power to the Graue Mill,and riparian host to the Graue Mill dam and reservoir pond created by that dam,which in turn is listed in the National Historic Register of the United States' as one of our nation's "historic places worthy of preservation."2 WHEREAS, The DuPage River Salt Creek Workgroup(DRSCW)is an association of sixty-one (61)"Agency Members"including the Village of Oak Brook,as well as other municipalities located in the Salt Creek Watershed, including eleven (11) municipalities operating sewage treatment plants (the "Sewage Plants")that release sewage into Salt Creek,and the DRSCW is funded by dues assessed from each member,with extra"discharge fees"imposed on members operating treatment plants,resulting in DRSCW revenues of$500,000 per year,administered by the Conservation Foundation,which seeks to "implement targeted watershed activities that resolve priority waterway problems efficiently and cost- effectively"'with its budget that is augmented with TEPA project grants; WHEREAS,according to the Final Report titled Total Maximum Daily Loads for Salt Creek,Illinois, submitted to the Illinois Environmental Protection Agency(CH2M Hill,Inc.2004),used as the basis for the United States Environmental Protection Agency(USEPA)to approve the Total Maximum Daily Loads (TDML)for chlorides, carbonaceous biochemical oxygen demand (CBOD), volatile suspended solids (VSS)4 and ammonia-N,the sources of pollution in Salt Creek are the Sewage Plants and at least thirty- one(31)public and private properties and businesses discharging point-source dirty water into Salt Creek and its tributaries,to the extent that these chemicals now cause the water of Salt Creek to conduct electricity.5 WHEREAS, Salt Creek and its tributaries upstream and downstream from the Village flow through numerous golf courses soaked for decades in chemical fertilizers and weed killers known to be ruinous for the environment,and water from at least four(4)public and private golf courses in Oak Brook flows into the Ginger Creek tributary and into Salt Creek directly as it flows through the Village,and this chemical pollution has not been inventoried,assessed or mapped; 'Property No.75002077,listed May 12,1975,www.nps.gov/subjects/nationalregister/database- research.htm#table The National Register of Historic Places was established by the National Historic Preservation Act of 1966 and is overseen by the National Park Service. 2 nps.gov website"What is the National Register of Historic Places? 3 DRSCW website,www.drscw.org/wp/about-us 4 Including but not limited to copper,ammonia,phosphorous,chlorides 5 See Final Report at 3-14(referencing,e.g.,Badger Pipeline Company,Accurate Cast Products,Prairie Material Sales,Union Pacific Railroad,Xerox Corp.,Hillside Landfill,Blackhawk Molding Company);and as to conductivity,Final Report at 4-6. Resolution 2020-OPP-GMD-R-1900, A Resolution of Opposition to Graue Mill Removal Page 2 of 3 WHEREAS,the historic Graue Mill and its dam structure discharge zero pollution into the water of Salt Creek; WHEREAS, the DRSCW members that operate the Sewer Plants and the riparian property owners discharging CBOD, VSS and ammonia-N into Salt Creek have acknowledged that actual reduction in the discharge of these harmful pollutants into Salt Creek would impose costs on them in the amount of at least Two Hundred Million Dollars($200,000,000); WHEREAS, the DRSCW has in the past sought to address Salt Creek water quality by recommending that the Graue Mill dam be removed to stimulate water flow in a few hundred yards of the 152 miles of Salt Creek in order to manipulate an increase in the dissolved oxygen level at that discrete point in the Creek,for the purpose of creating a"Water Quality Trading Process116 that does not make Salt Creek any cleaner,but shields current polluters from having to spend$200,000,000 by"upping the numbers"for one indicator or water quality,dissolved oxygen,which is not a pollutant; WHEREAS, DRSCW has again made a renewed effort'to justify the dam removal proposal in the name of fish that require dissolved oxygen to breathe,while omitting from its narrative the fact that those fish will be breathing undiminished levels of raw human waste,CBOD,FSS and ammonia-N left in full"load"in those same waters by this"allocation scenario"to"trade water quality'by removing the dam; WHEREAS,by our Resolution 2009-HGC-R-1051 this Village resolved to oppose removal of the Graue Mill Dam when it was proposed by DRSCW at that time,July 14,2009,and it has at all times since been the policy and recommendation of the Village of Oak Brook to preserve the Graue Mill and its dam structure,and attendant reservoir area; WHEREAS, having heard comment from numerous members of the public, including those representing historical associations,foundations,and current and former public officials,as well as from a representative of the Conservation Foundation,and considering all of the foregoing factual evidence dispassionately and in the best interests of the public,we have determined to confirm and extend our opposition to the proposed Graue Mill dam removal adopted in 2009,and note the complete absence of any new proffered facts since 2009 to support any other conclusion; and 6 Authorized by USEPA as referenced in the Final Report as the very last in a list of options on a list of 'implementation considerations"to allow current levels of pollutants to"load"their filth into Salt Creek to make Slat Creek's aggregate numbers look better as an"allocation scenario other than equal percent reduction for all facilities"currently sending their copper,salt,phosphorous and golf course chemicals into Salt Creek. See Final Report at 6-17. 7 Fuflersburg Dam Removal and Restoration(presentation prepared by AECOM),as part of the Master Plan for Salt Creek at Fullersburg Woods,date April 17,2020. Resolution 2020-OPPGMD-R-1900, A Resolution of Opposition to Graue Mill Removal Page 3 of 3 WHEREAS,for all of the foregoing reasons,the President and Board of Trustees express their firm opposition to any removal of the Graue Mill dam,and their equally fine insistence that the DRSCW cease pursuing"allocation scenarios"that do not address primary sources of Salt Creek pollution, but instead only game the rules of"water quality trading"to protect the status quo for those primary polluters of Salt Creek who prefer not to take financial responsibility for the cost of their"point of discharge" activities causing continuous, undiminished damage to the entire 152 square miles of the Salt Creek watershed. NOW,THEREFORE,BE IT RESOLVED by the President and Board of Trustees of the Village of Oak Brook that the Fullersburg Dam Removal and Restoration initiative of DRSCW contained in its Master Plan for Salt Creek at Fullersburg Woods is determined to be inimical to the public policy and best interests of the Village of Oak Brook,its residents and visitors,the national historic structure of Graue Mill and its dam and reservoir,and to all forms offish,wildlife and vegetation suffering from the pollution sources left unaddressed by this destructive Plan. BE IT FURTHER RESOLVED that a duly certified copy of this Resolution be delivered to the DRSCW, as well as to each Agency Member of the DRSCW,the Forest Preserve District of DuPage County and each of its Commissioners,the DuPage County Board,the Illinois Environmental Protection Agency,the United States Environmental Protection Agency,and the Program Director of the National Register of Historic Places for the National Park Service,and that this Resolution be spread upon the official permanent records of the Village. ADOPTED AND APPROVED by the President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties,Illinois,this 8th day of September,2020. APPROVil): ATTEST: Gopal G.Lalmalani,Village President Charlotte K.Pruss,Village Clerk Pvb OF A� � d,9 D y � O Z COU N f'1