G. Tanner Girard, Acting Chairman

 

Board Members:

Thomas E. Johnson, Nicholas J. Melas, Andrea S. Moore

 

 

 

 

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

(312) 814-3620

(312) 814-6032 TDD

Illinois Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

(217) 524-8500

 

 

 

Web Site: http://www.ipcb.state.il.us

 

 

  

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Letter from the Chairman

 

 

 

The Board will be very busy with rulemaking during 2006. In January, we made

significant decisions in two dockets, as described below.

R04-26 (Interim Phosphorus Effluent Standards): On January 19, 2006, the

Board adopted an interim phosphorus effluent standard in docket R04-26. This

rulemaking docket opened on May 14, 2004, when the Illinois Environmental

Protection Agency (IEPA) proposed an effluent standard to limit higher

concentrations of phosphorus that may result in detrimental levels of plant and

algae growth in waters of the state.

The interim rule established a phosphorus effluent limit of 1.0 milligram per liter

(mg/L) as a monthly average. The rule only applies to new or expanded

discharges from wastewater treatment plants with either a design average flow of

more than 1.0 million gallons per day receiving municipal or domestic waste

water, or a total phosphorus effluent load of 25 pounds per day or more for

treatment works other than those treating municipal or domestic wastewater.

However, the 1.0 mg/L effluent limit does not apply if the source can demonstrate that phosphorus is not the

limiting nutrient in the receiving water or alternative phosphorus effluent limits are warranted by the aquatic

environment in the receiving water.

The IEPA is currently developing a broad proposal for numeric water quality nutrient standards in consultation with

numerous stakeholders. The IEPA expects to file that proposal with the Board in 2007. The interim phosphorus

effluent limit is intended to sunset when the Board adopts a numeric water quality phosphorus standard in the

context of the broader rulemaking.

R04-22(B), 23(B) (Regulation of Leaking Underground Storage Tanks (UST)): On January 5, 2006, the Board

adopted for public comment a proposal in subdocket B of the underground storage tank rulemaking. The Board

directed the hearing officer to expeditiously schedule at least one additional hearing in this proceeding.

Specifically, the proposal seeks to establish a scope of work for activities associated with professional consulting

services in the remediation of USTs and lump sum payment amounts for those services. The Board has received

language regarding these issues from American Consulting Engineers Council of Illinois (ACECI), Professionals of

Illinois for the Protection of the Environment, CW3M Company, and United Science Industries.

The proposed language in subdocket B is based on a recommendation by the

Ad Hoc

Work Group formed by

ACECI and Illinois Petroleum Marketer’s Association at IEPA’s request. The Board published the proposed

language for the purpose of discussion, to clarify the positions of the parties, and to narrow the issues for further

hearings in this proceeding. The Board invites comments on all portions of the proposal for public comments.

Information including Board opinions, proposed rules, hearing officer orders, and hearing transcripts, may be

viewed on the Board’s Website at www.ipcb.state.il.us or by contacting the Clerk’s Office. I invite you to take a

closer look at these proceedings and to assist us in the development of sound environmental policy for the people of

Illinois.

 

 

Sincerely,

 

G. Tanner Girard, Ph.D.

Acting Chairman

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Environmental Register – January 2006

Inside This Issue:

 

 

FEDERAL UPDATE

  

  

  

  

P. 1

APPELLATE UPDATE

  

  

  

  

P. 4

RULE UPDATE

  

  

  

  

  

P. 7

BOARD ACTIONS

  

  

  

  

P. 16

NEW CASES

  

  

  

  

  

P. 26

PROVISIONAL VARIANCES

  

  

  

P. 29

BOARD CALENDAR

  

  

  

  

P. 30

IEPA RESTRICTED STATUS LIST

  

  

P. 31

IEPA CRITICAL STATUS LIST

  

  

  

P. 37

 

Federal Update

 

United States Environmental Protection Agency Adopts Amendments to the National Primary Drinking

Water Regulations Under the Safe Drinking Water Act to Implement the Stage 2 Disinfectants and

Disinfection Byproducts Rule

On January 4, 2006 (71 Fed. Reg. 387) the United States Environmental Protection Agency (USEPA) adopted

amendments to the National Primary Drinking Water Regulations to implement the Stage 2 Disinfectants and

Disinfection Byproducts Rule (DBPR). The DBPR is intended to provide for increased protection against the

potential risks for cancer and reproductive and developmental health effects associated with disinfection byproducts

(DBPs). This increased protection results from reduction of peak and average levels of DBPs in drinking water

supplies.

The Stage 2 DBPR applies to public water systems that are community water systems or nontransient

noncommunity water systems that add a primary or residual disinfectant other than ultraviolet light or deliver water

that has been treated with a primary or residual disinfectant other than ultraviolet light.

The final Stage 2 DBPR contains a) maximum contaminant level goals for chloroform, monochloroacetic acid and

trichloroacetic acid; b) National Primary Drinking Water Regulations (which consist of maximum contaminant

levels (MCLs) and monitoring, reporting, and public notification requirements for total trihalomethanes and

haloacetic acids; and c) revisions to the reduced monitoring requirements for bromate. The rulemaking also

specifies the best available technologies for the final MCLs, and lists USEPA approved additional analytical

methods for the determination of disinfectants and DBPs in drinking water.

The final rule is effective on March 6, 2006.

For technical inquiries, contact Tom Grubbs, Standards and Risk Management Division, Office of Ground Water

and Drinking Water (MC 4607M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington,

DC 20460; telephone number: (202) 564-5262; fax number: (202) 564-3767; e-mail address:

grubbs.thomas@epa.gov. For general information, contact the Safe Drinking Water Hotline, Telephone (800) 426-

4791. The Safe Drinking Water Hotline is open Monday through Friday, excluding legal holidays, from 10 a.m. to

4 p.m. Eastern Time.

The Board will include any necessary amendments to Board rules resulting from this federal action in a future

SDWA identical in substance rulemaking pursuant to Sections 7.2 and 17.5 of the Environmental Protection Act

(415 ILCS 5/7.2, 17.5(2004)).

 

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Environmental Register – January 2006

United States Environmental Protection Agency Adopts Amendments to the National Primary Drinking

Water Regulations Under the Safe Drinking Water Act for the Long Term 2 Enhanced Surface Water

Treatment Rule

 

On January 5, 2006 (71 Fed. Reg. 653) the United States Environmental Protection Agency (USEPA) adopted

amendments to the National Primary Drinking Water Regulations to implement the Long Term 2 Enhanced Surface

Water Treatment Rule (LT2ESWTR). USEPA’s amendments to the National Primary Drinking Water Regulations

require the use of treatment techniques, along with monitoring, reporting, and public notification requirements, for

all public water systems that use surface water sources. The purposes of the LT2ESWTR are to 1) protect public

health from illness due to

Cryptosporidium

and other microbial pathogens in drinking water and 2) address risk-risk

trade-offs with the control of disinfection byproducts.

Key provisions in the LT2ESWTR include the following:

1) source water monitoring for

Cryptosporidium

, with a screening procedure to reduce monitoring

costs for small systems;

2) risk-targeted

Cryptosporidium

treatment by filtered systems with the highest source water

Cryptosporidium

levels;

3) inactivation of

Cryptosporidium

by all unfiltered systems;

4) criteria for the use of

Cryptosporidium

treatment and control processes; and

5) covering or treating uncovered finished water storage facilities.

USEPA stated that it believes that implementation of the LT2ESWTR will significantly reduce levels of infectious

Cryptosporidium

in finished drinking water. This is intended to substantially lower rates of endemic

cryptosporidiosis, the illness caused by

Cryptosporidium

, which can be severe and sometimes fatal in sensitive

subpopulations (

e.g

., infants, people with weakened immune systems). In addition, the treatment technique

requirements of this regulation will increase protection against other microbial pathogens like

Giardia lamblia

.

This final rule is effective on March 6, 2006.

For further information contact Daniel C. Schmelling, Standards and Risk Management Division, Office of Ground

Water and Drinking Water (MC 4607M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone number: (202) 564-5281; fax number: (202) 564-3767; e-mail address:

schmelling.dan@epa.gov. For general information, contact the Safe Drinking Water Hotline, telephone number:

(800) 426-4791. The Safe Drinking Water Hotline is open Monday through Friday, excluding legal holidays, from

9 a.m. to 5 p.m., Eastern Time.

The Board will include any necessary amendments to Board rules resulting from this federal action in a future

SDWA identical in substance rulemaking pursuant to Sections 7.2 and 17.5 of the Environmental Protection Act

(415 ILCS 5/7.2, 17.5(2004)).

 

United States Environmental Protection Agency Proposes Amendments Regulating Lead Exposure During

Renovation, Repair, and Painting Activities Under the Toxic Substances Control Act

On January 10, 2006 (71 Fed. Reg. 1587) the United States Environmental Protection Agency (USEPA) proposed

new requirements to reduce exposure to lead hazards created by renovation, repair, and painting activities that

disturb lead-based paint. These requirements would apply in “target housing,” defined in section 401 of the Toxic

Substances Control Act (TSCA) as any housing constructed before 1978, except housing for the elderly or persons

with disabilities (unless any child under age 6 resides or is expected to reside in such housing) or any dwelling

without bedrooms.

USEPA stated that this rulemaking supports the attainment of the federal government's goal of eliminating

childhood lead poisoning by 2010. The proposal seeks to establish requirements for training renovators and dust

sampling technicians; certifying renovators, dust sampling technicians, and renovation firms; accrediting providers

of renovation and dust sampling technician training; and for renovation work practices.

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Environmental Register – January 2006

Initially the rule would apply to all renovations for compensation performed in target housing where a child with an

increased blood lead level resides, rental target housing built before 1960 and owner-occupied target housing built

before 1960, unless, with respect to owner-occupied target housing, the person performing the renovation obtains a

statement signed by the owner-occupant that the renovation will occur in the owner's residence and that no child

under age 6 resides there. USEPA is proposing to phase in the applicability of this proposal to all rental target

housing and owner-occupied target housing built in the years 1960 through 1977 where a child under age 6 resides.

USEPA is also proposing to allow interested States, Territories, and Indian Tribes the opportunity to apply for and

receive authorization to administer and enforce all of the elements of the new renovation provisions.

Comments must be received on or before April 10, 2006. Under the Paperwork Reduction Act, comments on the

information collection provisions must be received by OMB on or before February 9, 2006.

Submit your comments, identified by Docket ID number EPA-HQ-OPPT-2005-0049, by one of the following

methods:

1) Federal eRulemaking Portal: http://www.regulations.gov/. Follow the on-line instructions for

submitting comments.

2) Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT),

Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.

In addition, please mail a copy of your comments on the information collection provisions to the

Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attn:

Desk Officer for EPA, 725 17th St., NW., Washington, DC 20503.

For further information contact Colby Lintner, Regulatory Coordinator, Environmental Assistance Division

(7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave.,

NW., Washington, DC 20460-0001; telephone number: (202) 554-1404; e-mail address: TSCA-Hotline@epa.gov.

For technical information contact: Mike Wilson, National Program Chemicals Division (7404T), Office of

Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington,

DC 20460-0001; telephone number: (202) 566-0521; e-mail address: wilson.mike@epa.gov.

 

United States Environmental Protection Agency Gives Notice of its Adequacy Determination Under the

Resource Reclamation and Recovery Act for the Illinois Municipal Solid Waste Landfill Program

On January 25, 2006 (71 Fed. Reg. 4142) the United States Environmental Protection Agency (USEPA) Region 5

approved a modification to Illinois' approved municipal solid waste landfill (MSWLF) permit program. The

modification allows Illinois to issue research, development and demonstration (RD&D) permits to owners and

operators of MSWLF units in accordance with its state law and regulations. USEPA had adopted the RD&D permit

provisions on March 22, 2004, and the Board adopted the provisions as identical-in-substance rules in docket R05-1

on March 17, 2005.

Specifically, the RD&D rule allows an MSWLF to use operational practices that differ from the generally

applicable rules in three narrow areas: (1) run-on and runoff control practices, (2) the prohibition against placement

of non-containerized wastes in the fill, and (3) impermeable final cover requirements. The intent was to allow the

use of a "bioreactor" landfill design that accelerates the decomposition of waste in the fill through the reintroduction

of leachate into the fill. This allows more rapid stabilization of the fill and a shortened post-closure care period,

saving expenses for the landfill owner and operator.

This final determination is effective January 25, 2006.

For further information contact Donna Twickler, Waste Management Branch (Mail code DW-8J), USEPA Region

5, 77 West Jackson Boulevard, Chicago, Illinois 60604.

 

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Environmental Register – January 2006

Appellate Update

 

Third District Affirms Board Order Upholding Permit Modification Denial in United Disposal of Bradley,

Inc. & Municipal Trust & Savings Bank v. IPCB and IEPA

,

No. 3-04-0536 (January 13, 2006) (PCB 03-235)

In a January 13, 2006 published 15-page opinion and order, the Third District Appellate Court affirmed the Board's

decision in United Disposal of Bradley, Inc. & Municipal Trust & Savings Bank v. IPCB and

 

IEPA, No. 3-04-0536

(January 13, 2006). In the case before it, the Board granted summary judgment to the Illinois Environmental

Protection Agency (IEPA), affirming the IEPA's denial of a permit modification. United Disposal of Bradley, Inc.

& Municipal Trust & Savings Bank v. IEPA, PCB 03-235 (June 17, 2004). The case involves the permit for the

waste transfer station operated in the Village of Bradley, Kankakee County by United Disposal of Bradley, Inc.

(United Disposal). The primary issues raised concern interpretation of a 1994 permit condition, Sections 3.330,

39(c), and 39.2 of the Environmental Protection Act (Act), 415 ILCS5/3.330, 39(c), 39.2, and whether they violate

the commerce clause of the United States Constitution (U.S. Const., art. I, sec. 8, cl. 3). United Disposal also

argued that the 1994 permit condition was unconstitutionally vague.

By way of background, the court related that United Disposal's transfer station has had a condition in its permit

since the development permit was first issued in September 1994: "No waste generated outside the municipal

boundaries of the Village of Bradley may be accepted at this facility." United Disposal of Bradley, Inc. &

Municipal Trust & Savings Bank v. IPCB and

 

IEPA, No. 3-04-0536 (January 13, 2006) (hereinafter United

Disposal) slip op. at 2. In 2003, United Disposal submitted an application for a permit modification with the IEPA,

asking that the geographical restriction permit condition be removed. The IEPA denied the application and the

Board affirmed the IEPA's permit denial on summary judgment. United Disposal, slip op. at 2-3, 6.

In its appeal to the Appellate Court for the Third District, United Disposal claimed the Board erred in not finding

that the 1994 permit condition violated the Commerce Clause of the US Constitution. In support, United Disposal

cited to an unpublished 1993 federal court decision Tennsv v. Gade, No. 92 503 WLB (S.D. Ill. July 8, 1993)

finding unconstitutional under the commerce clause of the federal constitution the “statutory scheme which

distinguishes between facilities located outside the geographic boundaries of a general purpose unit of government

and those which are not so located.” United Disposal, slip op. at 6, quoting Tennsv slip op at 2-3.

Under the Act as it existed in 1994, this permit condition limiting the service area allowed the transfer station to

qualify as a "non-regional" or local pollution control facility. Because it was therefore not a "regional pollution

control facility," the transfer station was exempt from the Act's requirement of local siting approval.

Id

. at 4-5. In

response to Tennsv, in December 2004 the General Assembly eliminated from the Act any distinction between

"regional" and "non-regional" facilities. Since the 1994 amendment to the Act, all "pollution control facilities" have

had to get siting approval. United Disposal, slip op at 5-6.

The court explained that in 1994 when United Disposal submitted its application, the company "had a choice"

between applying for a regional facility permit and obtaining siting or applying for a local facility permit and

avoiding the Act's siting requirement. United Disposal, slip op at 5. United Disposal chose the latter and the court

agreed with the Board that United Disposal's 2003 application was merely "an attempt to operate a regional

pollution control facility without first obtaining the necessary siting approval required by the Act."

Id

. at 6-7. The

court could not find the permit denial here to be the result of "unconstitutional economic protectionism."

Id

. at 7,10.

The court distinguished this case (where the company had a choice between local siting and local zoning) from

cases striking down laws that banned or imposed higher fees on out-of-state waste. The court approvingly quoted

from the Board's decision: "The Board ultimately found that, considering the statutory scheme which allows an

entity to choose its service area, 'the slight burden the permit imposes on interstate commerce does not outweigh the

benefits that the permittees and the Village of Bradley enjoyed when the facility was established.' We agree."

United Disposal, slip op. at 9. The court further stated that

When a siting requirement applies evenhandedly, “and has only an incidental impact on interstate

commerce, the relevant inquiry is whether or not it effects a legitimate public interest, and if so

whether any burden on interstate commerce is ‘

clearly excessive

in relation to the putative local

benefits.’”

Id

. at 9 (emphasis in original, citations omitted).

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Environmental Register – January 2006

The court found that, the proper standard of review for this quasi-judicial decision, the Board’s decision would be

upheld unless it was contrary to the "manifest weight of the evidence." United Disposal, slip op. at 10. The court

reiterated its earlier conclusion that the case before it was not a case of "unconstitutional economic protectionism."

The court agreed that the Board and the IEPA correctly refused to let United Disposal effectively be "grandfathered

in to the new statutory scheme and allowed to ignore the siting process."

Id

. at 10-11.

The court next took up United Disposal's claim that the permit condition is unconstitutionally vague, violating the

company's due process rights under the federal and Illinois Constitutions. The court quickly dispensed with United

Disposal's argument that the permit condition fails to provide fair warning to the regulated community of what

conduct is prohibited or adequate guidelines to the enforcing administrative body. The court stated that the

condition “could not be more clear," adding:

As the Board notes, petitioners had no problem deciphering the condition for 10 years. Petitioners

seemed to clearly understand the terms when they applied for a permit that did not require siting

approval. Neither the term 'generated’ nor the term 'municipal boundaries' is so perplexing as to

leave one wondering what is prohibited." United Disposal, slip op. at 11-12.

The court also was unpersuaded by United Disposal's argument that no violation of the Act would have resulted if

the requested permit modification had been granted. The court observed that this argument "piggybacks" the

company's first argument about the original statutory scheme violating the Commerce Clause.

Id.

at 12. United

Disposal argued that any restriction imposed under that scheme is void. In response, the court reiterated that it did

not find the permit condition to be the result of unconstitutional economic protectionism. On the other hand, the

court continued, granting the requested permit would, in the absence of siting approval, clearly violate the Act.

Id

.

at 13.

Lastly, the court considered United Disposal's argument that the requested permit should have issued by operation

of law because the IEPA failed to timely respond to the application. Board rules provide that if the IEPA fails to

notify the permit applicant within 30 days after receiving the application that the application is incomplete and the

reasons for that determination, "the application shall be deemed to have been filed on the date received by the

Agency." United Disposal, slip op. at 13, citing 35 Ill. Adm. Code 807.205(f). The court noted the Board's finding

that the IEPA was untimely, but agreed that the result of that untimeliness is not the automatic granting of the

permit. Id. at 14. Even though the IEPA found the application "incomplete" and so performed no "technical

review," the court concluded that nothing would be gained by remanding the matter to the IEPA because "[t]here is

no doubt that the Act has always required siting approval to develop and operate the type of pollution control

facility sought by petitioners." Id. at 14-15.

On February 6, 2006 United Disposal filed an affidavit in the Illinois Supreme Court of its intent to file a Petition

for Leave to Appeal.

 

Fifth District Dismisses Appeal For Lack of Jurisdiction in John Prior d/b/a Prior Oil Co. v. Pollution

Control Board and People of the State of Illinois, No. 5-04-0526 (Jan. 6, 2006) (PCB 02-177)

In a January 6, 2006 final 10-page unpublished order under Supreme Court Rule 23 (155 Ill.2d R. 23), the Fifth

District Appellate Court dismissed, for lack of jurisdiction, an appeal filed by John Prior. John Prior d/b/a Prior Oil

Co. v. Pollution Control Board and People of the State of Illinois, No. 5-04-0526 (5th Dist. Jan. 6, 2006). John

Prior did not include in the caption of the appeal his co-respondent in the case before the Board: People of the State

of Illinois v. John Prior d/b/a Prior Oil Company and James Mezo d/b/a Mezo Oil Company, PCB 02-177 (May 6,

2004). On August 19, 2004, the Board and the People filed a motion to dismiss the appeal for appellant Prior’s

failure to name all necessary parties of record pursuant to Supreme Court Rule 335. The court ordered that motion

"to be taken with the case." After full briefing, oral argument on both jurisdiction and penalty was held on

November 3, 2005. The court’s January 6, 2006 order found the Board and Peoples’ jurisdiction argument

persuasive, and so did not rule on any of the arguments on the merits of Prior’s appeal.

The Board’s Decision

On April 19, 2002, the Office of the Attorney General, on behalf of the People of the State of Illinois (People), filed

a sixteen-count complaint against respondent John Prior d/b/a Prior Oil Company (Prior) and respondent James

Mezo d/b/a Mezo Oil Company (Mezo). Prior and Mezo are oil producers and distributors. The complaint alleged

5

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Environmental Register – January 2006

that, at various places and times as early as 1996, the complainant’s committed oil pollution of land and water at

four sites in Washington County.

The four sites are known as the Gompers site, the Wamac City Park tank battery, the Mezo Oestreich tank battery,

and the Morgan Kalberkamp tank battery. The Gompers site is used as a shop, office, and equipment storage

facility, while the other three sites are part of oil well operations and are used to receive and store crude oil. Prior

allegedly committed violations at all four sites. Mezo allegedly committed violations only at the Mezo Oestreich

tank battery.

In the Board's May 6, 2004 opinion and order, the Board found respondents had committed some 26 violations of

the Act and Board rules at the four sites. These included violations of Sections 12 (a), (d), 21 (a), (d), (e), (p) (1),

and ( p)(6) of the Environmental Protection Act (Act) (415 ILCS 5/100

et seq.

) and various Board regulations

including those at 35 Ill. Adm. Code 302.203, 722.111, 739.122(c),(d), 812.101(a), and 808.121.

The Board gave the following overview of its 40-page decision:

the Board finds that Prior violated the Act and Board regulations by dumping oil field waste and

other wastes at the Gompers site without a permit, polluting the land. The Board also finds that

Prior violated the Act and Board regulations by causing or allowing the release of crude oil at the

Wamac City Park tank battery, the Mezo Oestreich tank battery, and the Morgan Kalberkamp tank

battery, resulting in water pollution. In addition, the Board finds that Mezo violated the Act and

Board regulations by allowing the release of crude oil at the Mezo Oestreich tank battery,

resulting in water pollution. Both respondents committed other violations as well, all of which are

discussed below.

Based on the factors of Section 33(c) of the Act (415 ILCS 5/33(c) (2002)), the Board finds that

civil penalties against Prior and Mezo are warranted. After considering the factors of Section

42(h) of the Act (415 ILCS 5/42(h) (2002)), the Board imposes a $300,000 civil penalty on Prior

and a $3,500 civil penalty on Mezo. In light of Prior’s willful, knowing, and repeated violations,

the Board also orders Prior to pay the People’s attorney fees totaling $6,600. People of the State

of Illinois v. John Prior d/b/a Prior Oil Company and James Mezo d/b/a Mezo Oil Company, PCB

02-177 (May 6, 2004), slip op. at 2.

The Court’s Decision

The court stated at the outset that Prior did not appeal "the Board's finding of guilt" but rather "only the penalty,

arguing that it is excessive." John Prior d/b/a Prior Oil Co. v. Pollution Control Board and People of the State of

Illinois, No. 5-04-0526 (5th Dist. Jan. 6, 2006), (hereinafter John Prior (5th Dist.)), slip op. at 1. The court then

spent the rest of the order dealing exclusively with the issue of whether it had jurisdiction over the appeal, given that

Prior failed to name Mezo in Prior's petition for review to the court. The court noted that on August 19, 2004, the

Board and the People filed a motion to dismiss the appeal for this failure to name Mezo, but that the court ordered

that motion "to be taken with the case."

Id.

at 1-2. The critical facts for the court's analysis were simply that Prior

named the Board and the People as respondents in his petition for review but failed to name Mezo, "a party of

record before the Board, who was named as such in the Board's final order."

Id.

at 2.

The court set forth the laws and rules that apply to petitions for direct review of administrative orders in the

appellate court. Section 41(a) of the Act provides for appeals of Board decisions pursuant to the Administrative

Review Law (735 ILCS 5/3-101), except that review is directly in appellate court rather than in circuit court. In

turn, Section 3-113(b) of the Administrative Review Law states that "[t]he agency and all other parties of record

shall be named respondents."

Id.

(quoting 735 ILCS 5/3-3-113(b)). That section of the Administrative Review Law

further provides, the court noted with emphasis, that a court may grant leave to name an unnamed party of record,

"but 'only if that party was not named by the administrative agency in its final order as a party of record.'"

Id.

 

(quoting 735 ILCS 5/3-3-113(b), emphasis by court). The court added that Supreme Court Rule 335 also provides

that "the agency and all other parties of record shall be named respondents" in the petition for review.

Id

. at 2-3

(quoting 155 Ill. 2d R. 335(a)).

Prior made two arguments to the court concerning jurisdiction. First, Prior argued that he did not have to name

Mezo because Mezo's interests are not "adverse" to Prior's. Second, Prior argued that if the court should find Mezo

to be a necessary party, the court should grant Prior leave to amend his petition to add Mezo, since Mezo had timely

received service of the petition for review.

Id.

at 2.

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Environmental Register – January 2006

In rejecting Prior's first argument, the court cited various Illinois Supreme Court decisions for the proposition that

"strict compliance" is required for the petition because the appellate court is exercising "special statutory

jurisdiction" under the Administrative Review Law. John Prior (5th Dist.), slip op. at 3 (citing ESG Watts, Inc. v.

PCB, 191 Ill.2d 26, 30 (2000); McGaughy v. Ill. Human Rights Comm’n, 165 Ill. 2d 1, 12 (1995), Lockett v.

Chicago Police Board, 133 Ill 2d 349, 353 (1990); Cuny v. Annunzio, 411 Ill. 613, 617 (1952); and Winston v.

Zoning Board of Appeals of Peoria County, 407 Ill. 588, 595 (1950). Therefore, "technical defects in form are

deemed fatal to a petition for review," precluding the appellate court from considering the appeal. John Prior (5th

Dist.), slip op. at 3. "Substantial compliance," such as by merely serving the petition on the unnamed party, will not

do.

Id.

 

Prior argued that Mezo did not have to be named in reliance on the two oldest Illinois Supreme Court decisions

cited by the court above. These cases, discussing a similar provision of the Administrative Review Law, used the

term "adverse" parties when referring to parties of record required to be named.

See,

Winston, supra, 407 Ill. at 595

and Cuny, supra, 411 Ill. at 617-618. The Fifth District found, however, that neither decision turned on whether

unnamed respondents' interests were “adverse” to the appellants', but rather "on the fact that the unnamed

respondents had been parties of record to the administrative proceeding." John Prior (5th Dist.), slip op. at 5.

Prior's second argument was that he should be granted leave to amend his petition to add Mezo because of the

purported "good-faith-effort" exception to the joinder requirement, citing Worthen v. Village of Roxana, 253 Ill.

App. 3d (1993), and Bloom Township High School v. Ill. Commerce Comm’n., 309 Ill. App. 3d 163 (1999). John

Prior (5th Dist.), slip op. at 6-7. Prior argued that: (1) there is "confusion in the law regarding whether a

nonadverse party is a necessary party"; (2) he properly served Mezo with a copy of the petition; and (3) he promptly

sought leave to amend.

Id

.

The Fifth District noted, however, that Worthen predated the December15, 1995 change to the Administrative

Review Law that "provides for an amendment of a petition for review to add a respondent only if the unnamed party

had not been named as a party of record by the administrative agency in its final order." John Prior (5th Dist.), slip

op at 8 (emphasis in original). The court added that since the change to the law, courts have consistently held that

amending the petition is allowed only where the unnamed party was not named as a party of record in the

administrative agency's final decision.

Id

. (citing, among other decisions, Vogue Tyre & Rubber Co. v. Office of

the State Fire Marshall, 354 Ill. App. 3d 20 (2004), dismissed for failure to name the Board).

In finding Mezo's second argument unpersuasive, the court agreed with case authority holding that in amending the

Administrative Review Law, the legislature intended to limit when the appellate court could grant leave to amend a

petition to add an unnamed party, precluding application of a good-faith-effort exception. Accordingly, the court

concluded that Prior could not be allowed to amend his petition to add Mezo. Because he failed to “strictly comply”

with the Administrative Review Law requirement that the petition name “all other parties of record’, the court

dismissed the appeal. John Prior (5th Dist.), slip op. at 8-10.

 

Rule Update

 

 

Board Adopts Proposal for Public Comment in Proposed Amendments to Regulation of Petroleum Leaking

Underground Storage Tanks (35 Ill. Adm. Code 732); In the Matter of: Regulation of Petroleum Leaking

Underground Storage Tanks (Proposed new 35 Ill. Adm. Code 734) (R04-22(B)/R04-23(B) (cons.)).

On January 5, 2006, the Board adopted a proposal for public comment in Proposed Amendments to Regulation of

Petroleum Leaking Underground Storage Tanks (35 Ill. Adm. Code 732); In the Matter of: Regulation of Petroleum

Leaking Underground Storage Tanks (Proposed new 35 Ill. Adm. Code 734) (R04-22(B)/R04-23(B) (cons.)). This

rulemaking is a subdocket of Proposed Amendments to Regulation of Petroleum Leaking Underground Storage

Tanks (35 Ill. Adm. Code 732); In the Matter of: Regulation of Petroleum Leaking Underground Storage Tanks

(Proposed new 35 Ill. Adm. Code 734) (R04-22/R04-23 (cons.)) which the Board sent to second notice at its

December 1, 2205 meeting. As stated in the Board’s December 1, 2005 opinion, the Board will address the issues

pertaining to the professional consulting services provisions in this subdocket (B). Specifically, the Board will

address issues concerning the scope of work associated with lump sum payments as well as the lump sum payment

amounts proposed at first notice in Subdocket A. The Board has received alternate proposals addressing these

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Environmental Register – January 2006

issues from American Consulting Engineers Council of Illinois (ACECI), Professionals of Illinois for the Protection

of the Environment (PIPE), CW

3

M Company (CW

3

M), and United Science Industries (USI). Additionally, when

the original R04-22/23 rulemaking was considered at the January 18, 2006 Joint Committee Administrative Rules

(JCAR) meeting, JCAR adopted a recommendation that the Board consider testimony in this subdocket (B) related

to the payment for groundwater remediation and onsite remediation to other than Tier 2 TACO levels (as found at

35 Ill. Adm. Code 732.606(ddd) and (eee) and 35 Ill. Adm. Code 734.630(aaa) and (bbb)).

The regulated community expressed serious concern regarding the exclusion of scope of work associated with the

proposed maximum lump sum payments from the initial hearings on the Illinois Environmental Protection Agency’s

(IEPA) proposal. While ACECI and PIPE submitted alternate proposals addressing the inclusion of scope of work

in the rules prior to first notice, the Board received similar proposals from CW

3

M and USI during the first-notice

comment period. In addition, CSD Environmental Services, Inc. submitted recommendations concerning scope of

work.

As noted in the December 1, 2005 second-notice opinion (see December issue of the

Environmental Register

for a

more complete summary), the Board found that inclusion of scope of work for tasks to be performed by professional

consulting services pursuant to Sections 732/734.845 would be helpful in addressing participants’ concerns

regarding lump sum payment for professional consulting services. In this regard, the Board has reviewed the

alternate proposals submitted by the participants in the R04-22/23 rulemaking. The participants presented two

different approaches to incorporate scope of work for specific tasks under Sections 732/734.845. The first

approach, proposed by ACECI, PIPE and CW

3

M, identifies the specific task for which the rules propose a lump

sum payment amount and sets forth the work involved in completion of that task. The

Ad Hoc

Work Group used

this approach to develop the scope of work for a number of tasks under Section 732.845/734.845 and PIPE’s

proposal adds scope of work for those tasks for which the

Ad Hoc

Work Group did not prepare one.

The second approach, proposed by USI, prescribes a task list, but specifies scope of work broadly as all products

and services necessary and associated with investigative and remedial activities during a corrective action project.

Although USI has proposed the inclusion of a task list which tracks the regulations under Parts 732/734 Subparts B,

C, & D, the list does not provide any details about the work involved in completion of the tasks. While the Board

recognizes that USI’s proposal as a whole is conceptually different from the one proposed by the IEPA, the scope of

work in USI’s proposal is similar to the one proposed by the IEPA and adopted by the Board for first notice,

i.e.

the

scope of work includes all work necessary to comply with the requirements of the regulations.

The Board found that the record clearly indicates that the regulated community is seeking more specificity regarding

the actual work involved in completing tasks for which the IEPA has proposed maximum lump sum payments for

professional consulting services. The regulated community has argued that lump sum payments for professional

consulting services must include scopes of work, so that any work performed beyond the specified scope of work

would be reimbursed in accordance with Sections 732.850, 732.860, 734.850, and 734.860. In this regard, the

Board found that USI’s proposal, which defines scope of work associated with professional consulting services in

broad terms, did not address the participants’ concerns. In light of this, the Board chose to consider the approach

used by the

Ad Hoc

Work Group, PIPE and CW

3

M to revise the provisions of Sections 732.845/734.845.

Moreover, the Board found this approach to be appropriate since the IEPA relied on the

Ad Hoc

Work Group’s

scope of work to determine the proposed maximum payment amounts for a number of tasks originally proposed

under Sections 732.845/734.845.

The Board used the

Ad Hoc

Work Group’s proposal as a starting point for developing scope of work for

professional consulting services. In case of the tasks for which the

Ad Hoc

Work Group did not have a scope of

work, the Board then relied on PIPE’s proposal. As noted earlier, PIPE’s proposal updates the

Ad Hoc

Work

group’s scope of work. The professional consulting services provisions proposed at first notice in Sections

732.845/734.845 specify lump sum payment amounts for various tasks. These tasks fall under three main stages of

remediation: Early Action, Site Classification/ Investigation and Corrective Action.

The Board’s proposal for public comment proposes the inclusion of scopes of work for all the tasks for which the

Ad Hoc

Work Group or PIPE have developed scope of work. In doing so, the Board noted that the main purpose of

the proposed revisions is to seek additional comments and testimony from all the participants, including the IEPA,

to develop a workable rule. In this regard, the Board noted that a few issues concerning scope of work still need to

be resolved before the Board the can finalize the revisions. These issues include adequacy of the proposed scope of

work and whether scope of work should be part of the Board rules or the IEPA’s implementation rules.

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Environmental Register – January 2006

The Board is in the process of scheduling at least one hearing in this rulemaking.

Copies of the Board’s opinion and order in R04-22/23(B) may be obtained by calling Dorothy Gunn at 312-814-

3620, or by downloading copies from the Board’s Web site at www.ipcb.state.il.us.

For additional information contact Marie Tipsord at 312/ 814-4925; email address tipsordm@ipcb.state.il.us.

 

Board Adopts Second Notice Opinion and Order in Two Dockets Amending 35 Ill. Adm. Code 201.146:

Proposed Amendments to Exemptions from State Permitting Requirements (35 Ill. Adm. Code 201.146)

(R05-19); and Proposed Amendments to Exemptions from State Permitting Requirements for Plastic

Injection Molding Operations (35 Ill. Adm. Code 201.146) (R05-20)

On January 5, 2006 the Board adopted a second notice opinion and order in two dockets amending 35 Ill. Adm.

Code 201.146

:

Proposed Amendments to Exemptions from State Permitting Requirements (35 Ill. Adm. Code

201.146) (R05-19), and Proposed Amendments to Exemptions from State Permitting Requirements for Plastic

Injection Molding Operations (35 Ill. Adm. Code 201.146) (R05-20). The Board did not receive any comments on,

or make any changes to, its first notice proposal in either docket. The Board has sent both rulemakings, pursuant to

the Illinois Administrative Procedure Act (5 ILCS 100/1-1

et seq.

(2004)), to the Joint Committee on Administrative

Rules (JCAR) for review at the February 14, 2006 JCAR meeting.

R05-19

Docket R05-19 was opened for the February 22, 2005 joint proposal filed by the Illinois Environmental Protection

Agency (IEPA) and Illinois Environmental Regulatory Group (IERG). The proponents stated that the purpose of

this rulemaking is to eliminate permitting delays for minor projects having little environmental or regulatory impact.

The Board held hearings on this proposal on April 12, 2005 in Chicago and on June 14, 2005 in Springfield October

7, 2005 at 29 Ill. Reg. 14738.

The Board’s second notice proposal would add four new categories to the existing list of exemptions from state air

permit requirements in Section 201.146 as follows:

Exemption for replacing or adding air pollution control equipment at existing emission units. The proposed

exemption would only apply to existing units, which are permitted and have operated in compliance for the past

year. The new pollution control equipment must maintain or improve air pollution control over the prior levels of

target pollutants, and not result in a net increase in emissions of any collateral pollutant. This exemption would not

apply if the installation or operation of the new or replacement pollution controls would trigger or change

applicability of different regulatory requirements. Finally, required monitoring equipment must be carried over to

the replacement control device and must incorporate current technology.

Exemption for sources with federally enforceable state operating permits (FESOP) having a low potential to emit.

This provision would affect some projects at FESOP sources that do not fit under any of the existing listed

exemptions under Section 201.146 and that are still insignificant from a permitting standpoint. Under this second

exemption, permits would be unnecessary for projects at minor FESOP sources with a low potential to emit (less

than 0.1 pound per hour or 0.44 tons per year) any regulated air pollutant absent air pollution equipment from the

new or modified unit that have no outstanding compliance or enforcement issues. Also, raw materials and fuels that

cause or contribute to emissions must not contain a hazardous air pollutant equal to or greater than 0.01 percent by

weight. This exemption is not available to a source that must meet New Source Performance Standards (NSPS) and

New Source Review (NSR) requirements under the Clean Air Act (CAA) or if outstanding compliance or

enforcement issues exist.

Exemption for minor sources that are not subject to the Clean Air Act Permit Program (CAAPP)or FESOP

requirements. This third exemption would be limited to sources with the low potential to emit any regulated air

pollutant absent air pollution equipment from the new or modified unit that have no outstanding compliance or

enforcement issues. This exemption would be available for minor sources that have a slightly greater potential to

emit (up to 0.5 pounds per hour), so long as the facility notifies the IEPA of its intent to construct or install a new

emissions unit or modification. Only after notification can the facility begin construction, installation, or

modification. This provision would require permitting if the additional emissions from the project could change the

9

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Environmental Register – January 2006

sources’ status with respect to its potential to emit. This exemption is also not available to a source that must meet

NSPS and NSR requirements under the CAA.

Insignificant activities exemption. The proposal would create a list of permit exempt insignificant activities similar

to those for CAAPP sources.

See

35 Ill. Adm. Code 201.210 through 210.211. Owners or operators must notify the

IEPA when they add insignificant activities. Facilities must still comply with otherwise applicable emission

standards or other regulatory requirements.

R05-20

Docket R05-20 was opened for the April 19, 2005 proposal filed by the Chemical Industry Council of Illinois

(CICI). The Board held two hearings on CICI’s proposal; on July 1, 2005 in Chicago and on July 15, 2005 in

Springfield. The Board’s first notice proposal, adopted on September 15, 2005 was published in the

Illinois

Register

on October 14, 2005 at 29 Ill. Reg. 15489.

The Board’s second notice proposal does not differ from CiCi’s proposal. CICI stated the intent of this rulemaking

is to clarify any confusion as to whether the existing exemption for plastic extruder operations also applies to PIM

operations (35 Ill. Adm. Code 201.146(cc)). CICI also expected the proposed exemption will achieve efficiencies

and cost savings for plastic injection molding operations as well as the State of Illinois.

The Board found, as urged by CICI, that the proposed exemption to Section 201.146 of the Board’s regulations for

PIM operations is justified based on the low emissions generated by these emission sources both individually and in

the aggregate statewide. The Board also agreed with the IEPA that the proposed exemption does not threaten the

public health or welfare.

Copies of the Board’s opinion and order in R05-19 or R05-20 may be obtained by calling Dorothy Gunn at 312-

814-3620, or by downloading copies from the Board’s Web site at www.ipcb.state.il.us.

For additional information contact Amy Antoniolli at 312/814-3665; e-mail address: antonioa@ipcb.state.il.us .

 

Board Adopts Final Opinion and Order in UIC Correction, USEPA Amendments (January 1, 2005 through

June 30, 2005); RCRA Subtitle D Update, USEPA Amendments (January 1, 2005 through June 30, 2005);

RCRA Subtitle C Update, USEPA Amendments (January 1, 2005 through June 30, 2005) (R06-5/R06-6/R06-

7) consolidated

On January 5, 2006, the Board adopted a final opinion and order in the consolidated docket UIC Correction,

USEPA Amendments (January 1, 2005 through June 30, 2005); RCRA Subtitle D Update, USEPA Amendments

(January 1, 2005 through June 30, 2005); RCRA Subtitle C Update, USEPA Amendments (January 1, 2005 through

June 30, 2005) (R06-5/R06-6/R06-7) consolidated. This identical-in-substance rulemaking consists of three

separate consolidated dockets and proposes amendments to update the Illinois underground injection control (UIC),

municipal solid waste landfill (MSWLF), and hazardous waste regulations. The United States Environmental

Protection Agency (USEPA) adopted the amendments prompting the Board’s action during the period of January 1,

2005, through June 30, 2005. The Board made only minor, nonsubstantive changes to the proposal it adopted for

public comment that was published in the November 4, 2005 issue of the

Illinois Register

, at 29 Ill. Reg. 16576

(Part 703), 16658 (Part 720), 16720 (Part 721), 16864 (Part 722), 16906 (Part 723), 16921 (Part 724), 17185 (Part

725), 17424 (Part 726), 17522 (Part 728), 17775 (Part 738), 17816 (Part 739), 17852 (Part 810), and 17857 (Part

811).

The Board received one comment on its October 20, 2005 proposal for public comment from the Illinois

Environmental Protection Agency (IEPA). The IEPA requested clarification from the Board on the storage of waste

pending the hazardous waste determination. Section 721.132(d)(5), as adapted from corresponding 40 C.F.R.

262.32(d)(5) in the federal regulations was proposed to read as follows:

Waste holding and handling. During the interim period, from the point of generation to

completion of the hazardous waste determination, the generator must store the wastes

appropriately. If the wastes are determined to be hazardous and the generator has not complied

with the hazardous waste storage requirements of 35 Ill. Adm. Code 722.134 during the interim

period, the generator could be subject to an enforcement action for improper hazardous waste

management.

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Environmental Register – January 2006

The IEPA requested clarification as to what it means to “store the wastes appropriately,” and asked the Board to

clarify whether the waste must be stored in accordance with 35 Ill. Adm. Code 722.134 or if some other standard

would be used to determine what would be appropriate storage methods.

The Board found that it could not provide much more clarification in the context of this identical-in-substance

proceeding than is provided by the text of the federal regulation. The Board opined that were it to clarify the

storage requirements as suggested by the IEPA, the Board would likely render the Illinois regulations more stringent

than the corresponding federal regulations. The Board concluded that the appropriate procedure for imposing more

stringent requirements than those derived from USEPA is in the context of a Section 27 rulemaking pursuant to

section 22.4(b) of the Act. 415 ILCS 5/22.4(b) and 27 (2004).

The Board’s adopted identical-in-substance amendments affect three distinct program areas:

1) Sections 7.2 and 13(c) of the Environmental Protection Act (Act) (415 ILCS 5/7.2 and 13(c)

(2002)), require the Board to adopt regulations that are “identical in substance” to underground

injection control (UIC) regulations that the United States Environmental Protection Agency

(USEPA) adopted to implement Section 1421 of the federal Safe Drinking Water Act (SDWA)

(42 U.S.C. § 300h (2003)). The federal UIC regulations are found at 40 C.F.R. 144 through 148.

2) Sections 7.2 and 22.40(a) of the Environmental Protection Act (Act) (415 ILCS 5/7.2 and

22.4(a) (2002)) require the Board to adopt regulations that are “identical in substance” to

municipal solid waste landfill (MSWLF) regulations adopted by the USEPA. These USEPA rules

implement Subtitle D of the federal Resource Conservation and Recovery Act of 1976 (RCRA

Subtitle C) (42 U.S.C. §§ 6941

et seq

. (2003)). The federal RCRA Subtitle D MSWLF

regulations are found at 40 C.F.R. 258.

3) Sections 7.2 and 22.4(a) of the Environmental Protection Act (Act) (415 ILCS 5/7.2 and

22.4(a) (2002)) require the Board to adopt regulations that are “identical in substance” to

hazardous waste regulations adopted by the USEPA. These USEPA rules implement Subtitle C of

the federal Resource Conservation and Recovery Act of 1976 (RCRA Subtitle C) (42 U.S.C. §§

6921

et seq

. (2003)). The federal RCRA Subtitle C hazardous waste management regulations are

found at 40 C.F.R. 260 through 266, 268, 270, 271, 273, and 279.

Sections 13(c), 22.40(a), and 22.4(a) also provide that Title VII of the Act and Section 5 of the Administrative

Procedure Act (5 ILCS 100/5-35 and 5-40 (1998)) do not apply to the Board’s adoption of identical-in-substance

regulations.

The Board acted on federal amendments published on February 24, 2005 (70 Fed. Reg. 9138), March 4, 2005 (70

Fed. Reg. 10776), June 14, 2005 (70 Fed. Reg. 34538), June 14, 2005 (70 Fed. Reg. 34538), June 16, 2005 (70 Fed.

Reg. 35032), June 16, 2005 (70 Fed. Reg. 35034), and August 1, 2005 (70 Fed. Reg. 44150).

USEPA amended the federal UIC regulations once during the period January 1, 2005, through June 30, 2005. On

February 24, 2005 (70 Fed. Reg. 9138), USEPA adopted a new hazardous waste listing for wastes from production

of dyes, pigments, and food, drug, and cosmetic colorants (K181 wastes). The amendments included land disposal

and underground injection restrictions. This action also applied to the RCRA Subtitle C regulations.

The RCRA Subtitle D regulations were amended on June 14, 2005 (70 Fed. Reg. 34538). USEPA amended the

hazardous waste, municipal solid waste landfill, used oil, and hazardous waste combustion rules to allow the use of

alternative methods to “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” which is also

called “SW-846.” The amendments require the use of SW-846 methods only when there is no viable alternative

method. USEPA included a series of clarifications and technical corrections to the rules. This action also applied to

the RCRA Subtitle C regulations.

The RCRA Subtitle C regulations were amended an additional three times during the period January 1, 2004

through June 30, 2004. On March 4, 2005 (70 Fed. Reg. 10776) USEPA modified the hazardous waste manifest

system. On June 16, 2005 (70 Fed. Reg. 35032), USEPA issued corrections to typographic errors in its February

24, 2005 (70 Fed. Reg. 9138) hazardous waste listing for wastes from production of dyes, pigments, and food, drug,

and cosmetic colorants. On June 16, 2005 (70 Fed. Reg. 35034) USEPA issued non-substantive corrections to its

March 4, 2005 (70 Fed. Reg. 10776) modifications to the hazardous waste manifest system. Finally, on August 1,

2005 (70 Fed. Reg. 44150) USEPA issued non-substantive corrections to its June 14, 2005 (70 Fed. Reg. 34538)

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Environmental Register – January 2006

amendments (which allowed the use of alternative methods to SW-846). Because this correction directly affects

amendments that are being considered in this consolidated docket, the Board included the corrections in the current

round of amendments.

In addition to the amendments to the federal UIC, RCRA Subtitle D MSWLF, and RCRA Subtitle C regulations,

USEPA amendments to certain other federal regulations occasionally have an effect on the Illinois hazardous waste

rules. Most notably, 35 Ill. Adm. Code 720.111 includes several incorporations of federal regulations by reference.

The incorporated regulations include segments of various USEPA environmental regulations and United States

Department of Transportation hazardous materials transportation regulations that USEPA has incorporated into the

federal hazardous waste rules.

The latest available version of the

Code of Federal Regulations

is now the 2004 edition (issued January 1, 2005) for

Title 10 (Nuclear Regulatory Commission (NRC)), the 2005 edition (issued July 1, 2005) for Titles 33 (U.S. Coast

Guard (Coast Guard)) and 40 (USEPA), and the 2004 edition (issued October 1, 2004) for Title 49 (U.S.

Department of Transportation (USDOT)). Each of these is incorporated by reference in Section 720.111 of the

hazardous waste regulations. Title 40 is also incorporated by reference in Section 810.104 of the non-hazardous

waste landfill regulations. The Board amended the incorporations of these federal regulations by reference to

include those editions of the

Code

. This will assure that all USDOT amendments through September 30, 2004, all

NRC regulations through December 31, 2004, and all Coast Guard and USEPA amendments through June 30, 2005,

will be included in the incorporations of the pertinent regulations by reference.

The hazardous waste regulations also incorporate segments of federal statutes by reference. The Board’s review

included a search for the latest version of each federal statute that is incorporated. The latest version of Section 11

of the Atomic Energy Act of 1954 (42 USC 2014) includes amendments through January 23, 2000. The latest

version of Sections 201(v), 201(w), and 512(j) of the Federal Food, Drug, and Cosmetic Act (21 USC 321(v),

321(w), and 360b(j)) includes amendments through January 2, 2001. The latest version of Section 1412 of the

Department of Defense Authorization Act of 1986 (50 USC 1521(j)(1)) includes amendments through January 24,

2000. The present amendments assure that the incorporations of segments of the

United States Code

by reference

include these latest versions of the text.

Copies of the Board’s opinion and order in R06-5 may be obtained by calling Dorothy Gunn at 312-814-3620, or by

downloading copies from the Board’s Web site at www.ipcb.state.il.us.

For additional information contact Michael J. McCambridge at 312-814-6924; e-mail address

mccambm@ipcb.state.il.us

 

Board Adopts Proposal for Hearing in Proposed Amendments to the Board’s Special Waste Regulations

Concerning Used Oil, 35 Ill. Adm. Code 808.809 (R06-20)

On January 5, 2006, the Board accepted a proposal for hearing in Proposed Amendments to the Board’s Special

Waste Regulations Concerning Used Oil, 35 Ill. Adm. Code 808.809 (R06-20). The proposal was filed on

December 13, 2005 by NORA, which states that it is an association of responsible recyclers formerly known as the

National Oil Recycling Association. NORA seeks to amend the Board’s regulations concerning special waste

classifications and nonhazardous special waste hauling as they pertain to used oil recycling in Illinois.

In its proposal, NORA stated that the federal government in 1985 and 1992 promulgated rules governing

management and transportation of used oil. NORA further stated that the Board adopted those rules in 1993 as Part

739 of its regulations through “identical in substance” rulemaking.

See

415 ILCS 5/7.2 (2004); 35 Ill. Adm. Code

739; R93-4, RCRA Update, USEPA Regulations, July 1, 1992 through December 31, 1992, (Sept. 23, 1993).

According to NORA, “most states have adopted the federal used oil recycling rules . . . as the sole regulatory

requirements governing the management of used oil,” and Part 739 should reflect 40 C.F.R. 279. However, because

Illinois had adopted special waste rules before Part 739, NORA argued that state regulations are not genuinely

“identical in substance” to the federal rules. Specifically, NORA stated that, by treating used oil as a special waste,

Illinois requires actions such as manifesting used oil during transportation that are not required by federal

regulations.

Finding these additional requirements “burdensome,” NORA stated it has for several months discussed with the

Illinois Environmental Protection Agency (IEPA) “making the Illinois program substantially equivalent to the

12

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Environmental Register – January 2006

federal program.” NORA states that the IEPA “has agreed to eliminate the special waste hauling and manifesting

requirements imposed on used oil as defined and managed under Part 739.” NORA further states that it and the

IEPA substantially agree on the specific changes needed to accomplish that goal.

In reviewing the proposal for compliance with the rulemaking petition requirements of 35 Ill. Adm. Code 102.202,

the Board identified some deficiencies in the proposal. First, under 35 Ill. Adm. Code 102.202(b), the Board found

that the proposal has not described, “to the extent reasonably practicable, the universe of affected sources and

facilities and the economic impact of the proposed rule.” 415 ILCS 5/27(a) (2004); 35 Ill. Adm. Code 102.202(b).

Second, the Board noted that the proposal stated only that NORA members “are available to testify if necessary and

to present pre-filed testimony to the extent the Board deems such warranted.” While NORA describes that potential

testimony as “consistent with the statement of reasons” and states that it would provide “further background

concerning the history, intent, and purpose of the used oil regulations,” the Board finds that these statements do not

constitute the required “synopsis of all testimony to be presented by the proponent at hearing.” 35 Ill. Adm. Code

102.202(c).

Third, NORA did not either address the applicability of or provide the information requested in the “published study

or report” requirement of Section 102.202(e) of the Board’s procedural rules. 35 Ill. Adm. Code 102.202(e); S

ee

also

35 Ill. Adm. Code 102.202(k).

The Board is in the process of scheduling at least one hearing in this rulemaking. But, the Board requested NORA

to address the noted deficiencies in writing prior to any hearing scheduled in this proceeding at such time as directed

by the hearing officer.

Copies of the Board’s opinion and order in R06-20 may be obtained by calling Dorothy Gunn at 312-814-3620, or

by downloading copies from the Board’s Web site at www.ipcb.state.il.us.

For additional information contact Tim Fox at 312-814-6085; e-mail address foxt@ipcb.state.il.us

 

Board Adopts Second Notice Opinion and Order in Proposed New and Updated Rules for Measurement and

Numerical Sound Emissions Standards, Amendments to 35 Ill. Adm. Code 901 and 910; March 2004

Proposal Formally Withdrawn (R03-09)

On January 19, 2006, the Board adopted a second notice opinion and order in Proposed New and Updated Rules for

Measurement and Numerical Sound Emissions Standards, Amendments to 35 Ill. Adm. Code 901 and 910; March

2004 Proposal Formally Withdrawn (R03-09). The proposal seeks to amend Parts 901 and 910 of its noise

regulations found in 35 Ill. Adm. Code Subtitle H to update sound measurement definitions and techniques. The

Board received comments on, and made changes to, its first notice proposal published in the

Illinois Register

on

April 15, 2005 at 29 Ill. Reg. 5196 and 29 Ill. Reg. 5255. The Board has sent the rulemaking, pursuant to the

Illinois Administrative Procedure Act (5 ILCS 100/1-1

et seq.

(2004)), to the Joint Committee on Administrative

Rules (JCAR) for review at the February 14, 2006 JCAR meeting.

The Board received six comments during first notice, and held one additional hearing on September 1, 2005. (The

Board held two hearings on this proposal prior to filing this first notice.) The Board has held six public hearings

since the inception of this rulemaking. The Board received comments from Joseph R. Angleton, Office Director,

Office of Mines and Minerals, Illinois Department of Natural Resources (IDNR), John Henriksen, Executive

Director, Illinois Association of Aggregate Producers (IAPP), Dr. Paul Schomer, Schomer and Associates, Inc.,

Therese M. Dorigan, Bradburne, Briller & Johnson, LLC, and the Village of Bridgeview.

Rule Contents.

The proposal that the Board adopted for second notice amends Part 901 replacing the existing 1965 Standard Land

Use Coding Manual (SLUCM) codes with the Land-Based Classification Standards (LBCS) codes, a consistent

model for classifying land uses based on a multi-dimensional land use classification model based land classification.

The proposed changes to Section 901.104 clarify that the impulsive sound standards are based on 1-hour A-

weighted equivalent sound levels. The Board also proposes to revise the numeric standards to bring highly

impulsive noise standards into conformity with the standards set forth in Sections 901.102 and 901.103 in terms of

the effective community response. This proposal includes the revision of outdated numerical sound emission

standards for property line noise sources found at 35 Ill. Adm. Code Parts 901

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Environmental Register – January 2006

The proposed new Part 910 sets forth the measurement procedures for enforcing the Board’s noise standards in

Parts 900 and 901. These procedures are essentially based upon the Illinois Environmental Protection Agency’s

noise measurement protocols at 35 Ill. Adm. Code 951. In addition to the measurement techniques, the proposal

contains general requirements and specific instrument requirements. The proposed Appendix A includes tables

(obtained from extensive measurements) that can be used to determine the long-term background ambient noise

levels in instances where direct measurements cannot be made.

Second Notice Changes

In its second notice opinion, the Board found that the testimony of IAAP and IDNR clearly demonstrated that IDNR

has an extensive regulatory program in place that regulates the noise from blasting at facilities operated by

aggregate producers and surface coal mines. Further, IDNR has an active staff that regularly oversees blasting and

monitoring of the blasting at sites in Illinois. IDNR also has stringent enforcement tools for any violation of the

regulations when blasting. Therefore, the Board found that the Board could appropriately defer the regulation of

noise emissions from blasting at aggregate and surface coal mines to IDNR. The Board made changes to the rule

under Sections 901.107 and 901.109 to reflect that deference. But, as IAAPP recommended, the Board limited the

scope of the proposed exemption only to impulsive sound produced by explosive blasting activities, which are

regulated by IDNR in accordance with Section 6.5 and Section 3.13 of the Surface Coal Mining Land Conservation

and Reclamation Act (225 ILCS 715/6.5 and 3.13 (2004)).

The Board again declined to make previously-suggested changes adding sound monitoring personnel qualifications

and sound measurement procedures for establishing nuisance noise violations. The Board found that the present

regulatory structure, where the Board determines the validity of sound data on a case-by-case basis in noise

enforcement cases, is a more prudent approach than prescribing vague qualification requirements, particularly

absent a State approved noise licensing or certification process. Regarding the qualifications of individual

supervising the measurement of emissions, the Board decided that it would continue to review the noise emission

measurements on a case-by-case basis and make determination based on the evidence provided.

Copies of the Board’s opinion and order in R03-9 may be obtained by calling Dorothy Gunn at 312-814-3620, or by

downloading copies from the Board’s Web site at www.ipcb.state.il.us.

For additional information contact the hearing officer, Marie Tipsord, at 312-814-4925; e-mail address

tipsorm@ipcb.state.il.us.

 

Board Responds to JCAR Objection and Adopts Final Opinion and Order in Interim Phosphorus Effluent

Standard, Proposed 35 Ill. Adm. Code 304.123 (g-k) (R04-26)

On January 19, 2006, the Board adopted a final opinion and order in Interim Phosphorous Standards, Proposed 35

Ill. Adm. Code 304.123 (g-k) (R04-26). The Board responded to the December 13, 2005 objection of the Joint

Committee on Administrative Rules (JCAR) by respectfully declining to withdraw or change the rule the Board

adopted at second notice. The adopted rulemaking limits effluent levels of phosphorus from new or expanded

discharges from treatment works facilities. The rules set an interim phosphorus limit while the Illinois

Environmental Protection Agency (IEPA) develops final State numeric nutrient standards. After filing its response

to the JCAR objection (published on February 10, 2006 at 30

Ill. Reg

. 1922), the Board filed the adopted rules with

the Secretary of State’s Index Department. The final rules will appear in the

Illinois Register

on February 17, 2006.

Rule Content

The adopted rules add 5 new subsections (g-k) to existing Section 304.123. The amendments set a monthly average

limit of 1 mg/L for total phosphorus for any new or expanded discharges into general use waters. In response to

public comments, the Board added at second notice a new subsection (k) that specifies that the averaging rules of

Section 304.104 do not apply to permit limits established by the phosphorus effluent standards.

The final phosphorus limit applies only to discharges from treatment works with a design average flow of 1.0

million gallons per day or more receiving primarily municipal or domestic wastewater; or any treatment works,

other than those treatments that are primarily municipal or domestic wastewater, with a total phosphorus effluent

load of 25 pounds per day or more. Dischargers may be exempt from the permit limits if they can demonstrate that

phosphorus from their treatment works is not the limiting nutrient in the receiving water. The amendments allow

14

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Environmental Register – January 2006

the IEPA to impose alternative phosphorus effluent limits where the supporting information shows that alternative

limits are warranted by the aquatic environment in the receiving stream.

JCAR Objection and Board Response

The Board sent the rulemaking to second notice on September 15, 2005. JCAR considered the rule on November

15, 2005, when it extended the second notice period an additional 45 days. At the December 13, 2005 meeting,

JCAR issued a certification and statement of objection to the proposed rule. JCAR stated that it objected to the

proposal because JCAR felt that the rulemaking imposes an undue economic and regulatory burden on the affected

wastewater treatment facilities by requiring those facilities to meet interim standards for phosphorus discharges.

In its response to the JCAR action, the Board stated that its continued belief that the rule was economically

reasonable and technically feasible. Based on the cost information in the record coupled with the fact that the

proposed rule applies to only new or expanding larger facilities, the Board found that affected facilities can

incorporate the additional cost of phosphorus control in their overall expansion plans with an economically

reasonable impact. The Board found that the implementation of the phosphorus effluent standard would not impose

an undue economic or regulatory burden. Additionally, the Board noted that the record amply demonstrated that

control of phosphorus discharge from larger treatment plants would result in enhanced water quality in the state’s

receiving streams.

Copies of the Board’s opinion and order in R04-26 may be obtained by calling Dorothy Gunn at 312-814-3620, or

by downloading copies from the Board’s Web site at www.ipcb.state.il.us.

For additional information contact John Knittle at 217/278-3111; e-mail address: knittlej@ipcb.state.il.us.

 

Board Adopts Proposal for Hearing in Organic Material Emission Standards and Limitations for the

Chicago and Metro-East Areas: Proposed Amendments to 35 Ill. Code 218 and 219 (R06-21)

On January 19, 2006, the Board adopted a proposal for hearing in Organic Material Emission Standards and

Limitations for the Chicago and Metro-East Areas: Proposed Amendments to 35 Ill. Code 218 and 219 (R06-21).

The proposal, filed by the Illinois Environmental Protection Agency (IEPA) on December 22, 2005, seeks to amend

Parts 218 and 219 of the volatile organic material (VOM) rules to allow for the use of add-on controls as a

compliance option for printing operations using cold cleaning solvent degreasing. There is no deadline for Board

completion of this rulemaking, since the proposal was filed under Section 27 of the Environmental Protection Act,

415 ILCS 5/27.

The IEPA’s proposal seeks to revise the cold cleaning degreaser rules in the Chicago and Metro-East nonattainment

areas by making parallel changes to 35 Ill. Adm. Code 218.182(c) and (d) and 219.182(c) and (d). IEPA is

proposing to revise these rules rather than having the four companies identified as potentially affected file site-

specific rules or variance requests.

The proposed revisions would allow for the sale or purchase of solvents with vapor pressure greater than 1.0mmHg

in units greater than five gallons to or by sources that have valid permits, are in compliance with the add-on control

requirements, or are exempt. The IEPA is also proposing control requirements to allow for the option of add-on

controls.

  

Subsections are being created that will require sources using solvents with vapor pressures greater than

1.0mmHg to control their emissions to an overall capture and control efficiency of no less than 95%.

The IEPA proposes provisions that allow for equivalent alternative emissions plans stipulating that emissions from a

solvent with a vapor pressure of 1.0 mmHg shall be the basis for assessment of equivalent emissions for any

proposed control plan and that the equivalent alternative control plans must have at least 95% reduction in VOM

emissions. New provisions would also mandate the testing of add-on controls. Currently operating add-on controls

must be tested by March 1, 2006, and newly constructed add-on controls shall be tested within 90 days after startup.

The testing procedures, monitoring, and recordkeeping provisions for add-on controls and equivalent alternative

control plans will be consistent with the provisions in Section 218.105 and Section 219.105, which require that the

control devices be operated and maintained at the manufacturer’s specifications and continuously monitored to

assure that they are operating at the required compliance levels. All records must be kept for a minimum of three

years.

The Board is in the process of scheduling a hearing on this proposal.

15

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Environmental Register – January 2006

Copies of the Board’s opinion and order in R06-21 may be obtained by calling Dorothy Gunn at 312-814-3620, or

by downloading copies from the Board’s Web site at www.ipcb.state.il.us.

For additional information contact John Knittle at 217/278-3111; e-mail address: knittlej@ipcb.state.il.us.

 

Board Actions

 

 

January 5, 2006

Via Videoconfernece

Chicago and Springfield, Illinois

 

Rulemakings

R04-22(B)

R04-23(B)

(cons.)

In the Matter of: Proposed Amendments to Regulation of Petroleum Leaking

Underground Storage Tanks (35 Ill. Adm. Code 732); In the Matter of:

Regulation of Petroleum Leaking Underground Storage Tanks (Proposed New

35 Ill. Adm. Code 734) – The Board proposed for public comment language

establishing a scope of work for activities associated with professional consulting

services in the remediation of UST sites in Illinois. The Board invites comments

on all portions of the proposal for public comments. In addition the Board

directed the hearing officer to expeditiously schedule a least one additional

hearing in this proceeding.

 

4-0

R, Land

R05-19

In the Matter of: Proposed Amendments to Exemptions From State Permitting

Requirements (35 Ill. Adm. Code 201.146) – The Board adopted a second notice

opinion and order in this rulemaking to amend the Board’s air quality standards

regulations.

 

4-0

R, Air

R05-20

In the Matter of: Proposed Amendments to Exemptions from State Permitting

Requirements for Plastic Injection Molding Operations (35 Ill. Adm. Code

201.146) – The Board adopted a second notice opinion and order in this

rulemaking to amend the Board’s air quality standards regulations.

 

4-0

R, Air

R06-5

R06-6

R06-7

(cons.)

In the Matter of: UIC Corrections, USEPA Amendments (January 1, 2005

through June 30, 2005); RCRA Subtitle D Update, USEPA Amendments

(January 1, 2005 through June 30, 2005 and August 1, 2005); RCRA Subtitle C

Update, USEPA Amendments (January 1, 2005 through June 30, 2005 and

August 1, 2005) – The Board adopted a final opinion and in this consolidated

“identical-in-substance” rulemaking which amends the Board’s underground

injection control, municipal solid waste landfill, and hazardous waste regulations.

 

4-0

R, Land

R06-20

In the Matter of: Proposed Amendments to the Board’s Special Waste

Regulations Concerning Used Oil, 35 Ill. Adm. Code 808.809 – The Board

accepted for hearing petitioner’s December 13, 2005 proposal to amend the

Board’s land pollution control regulations. The Board granted petitioner’s

motion to waive requirement to submit 200 signatures. The Board also requested

that petitioner address the deficiencies noted in the order in writing prior to any

4-0

R, Land

16

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Environmental Register – January 2006

hearing scheduled in this proceeding at such time as directed by the hearing

officer.

 

Administrative Citations

AC 06-14

County of Jackson v. Rocky Lee Morse – The Board dismissed respondent’s

petition for review, finding it untimely filed. The Board found that this Jackson

County respondent violated Sections 21(p)(1), (p)(3) and (p)(7) of the Act (415

ILCS 5/21(p)(1), (p)(3), (p)(7) (2004)), and ordered respondent to pay a civil

penalty of $4,500.

 

4-0

AC 06-16

IEPA v. Rex D. Evans and Roy W. Evans, Jr. – The Board accepted respondents’

petition for review and granted the motion to consolidate this administrative

citation involving a Morgan County facility with AC 06-17. The Board denied

the request to dismiss the alleged violations or consolidate the alleged violations

into

one

administrative citation.

 

4-0

AC 06-17

IEPA v. Rex D. Evans and Roy W. Evans, Jr. – The Board accepted respondents’

petition for review and granted the motion to consolidate this administrative

citation involving a Morgan County facility with AC 06-16. The Board denied

the request to dismiss the alleged violations or consolidate the alleged violations

into

one

administrative citation.

4-0

 

Decisions

PCB 05-99

People of the State of Illinois v. James Zeller, Thomas Zeller, and Matthew Short

– In this air and land enforcement action concerning a Williamson County

facility, the Board granted relief from the hearing requirement of Section

31(c)(1) of the Environmental Protection Act (415 ILCS 5/31(c)(1) (2004)),

accepted a stipulation and settlement agreement, and ordered the respondents to

pay a total civil penalty of $7,500, and to cease and desist from further

violations.

 

4-0

A&L-E

PCB 05-103

People of the State of Illinois v. Marc Realty, Inc. and 55 E. Jackson L.L.C. – In

this air enforcement action concerning a Cook County facility, the Board granted

relief from the hearing requirement of Section 31(c)(1) of the Environmental

Protection Act (415 ILCS 5/31(c)(1) (2004)), accepted a stipulation and

settlement agreement, and ordered the respondents to pay a total civil penalty of

$15,000, and to cease and desist from further violations.

 

4-0

A-E

PCB 05-192

People of the State of Illinois v. Bag Makers, Inc. – In this air enforcement action

concerning a McHenry County facility, the Board granted relief from the hearing

requirement of Section 31(c)(1) of the Environmental Protection Act (415 ILCS

5/31(c)(1) (2004)), accepted a stipulation and settlement agreement, and ordered

the respondent to pay a total civil penalty of $62,700, and to cease and desist

from further violations.

 

4-0

A-E

PCB 05-214

People of the State of Illinois v. Barry Hayden d/b/a Hayden Properties – In this

water enforcement action concerning a St. Clair County facility, the Board

4-0

17

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Environmental Register – January 2006

granted relief from the hearing requirement of Section 31(c)(1) of the

Environmental Protection Act (415 ILCS 5/31(c)(1) (2004)), accepted a

stipulation and settlement agreement, and ordered the respondent to pay a total

civil penalty of $3,500, and to cease and desist from further violations.

 

W-E

PCB 06-44

People of the State of Illinois v. Weis Builders, Inc. – In this public water supply

enforcement action concerning a Will County facility, the Board granted relief

from the hearing requirement of Section 31(c)(1) of the Environmental

Protection Act (415 ILCS 5/31(c)(1) (2004)), accepted a stipulation and

settlement agreement, and ordered the respondent to pay a total civil penalty of

$10,000, and to cease and desist from further violations.

4-0

PWS-E

 

Motions and Other Matters

PCB 02-206

Home Oil Company v. IEPA – The Board granted this St. Clair County facility’s

motion for voluntary dismissal of this underground storage tank appeal.

 

4-0

UST Appeal

 

PCB 04-7

People of the State of Illinois v. 4832 S. Vincennes, L.P. and Batteast

Construction Company, Inc. – Upon receipt of a proposed stipulation and

settlement agreement between complainant and Batteast Construction Company,

Inc. only, and an agreed motion to request relief from the hearing requirement in

this air enforcement action involving a Cook County facility, the Board ordered

publication of the required newspaper notice. No action was taken on

complainant’s motion for summary judgment against 4832 S.Vincennes L.P.

filed October 17, 2005.

 

4-0

A-E

PCB 05-66

People of the State of Illinois v. Petco Petroleum Corporation – Upon receipt of a

proposed stipulation and settlement agreement and an agreed motion to request

relief from the hearing requirement in this water enforcement action involving a

Fayette County facility, the Board ordered publication of the required newspaper

notice.

 

4-0

W-E

PCB 05-157

Grand Pier Center L.LC. American International Specialty Lines Insurance Co.

as subrogee of Grand Pier Center L.L.C. v. River East L.L.C., Chicago Dock and

Canal Trust, Chicago Dock and Canal Company, and Tronox L.L.C. (f/k/a Kerr-

McGee Chemical L.L.C.) – The Board granted the motion of counter-

complainant Tronox L.L.C. (f/k/a Kerr-McGee Chemical L.L.C.) (Kerr McGee)

to withdraw certain affirmative defenses. The Board denied Kerr McGee’s

motion to strike affirmative defenses, in part and granted the motion in part,

striking the seventh and eighth alleged affirmative defenses. The Board also

denied complainant Grand Pier Center L.LC.’s motion to strike affirmative

defenses. The Board found that the pleading contained sufficient specificity to

allow the parties to proceed with the remaining affirmative defenses as alleged.

The Board also granted Kerr McGee’s motion to dismiss the counterclaim as the

counterclaim seeks relief pursuant to the Contribution Act and the Board is not

authorized to grant such relief.

 

4-0

Citizens

L-E

18

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Environmental Register – January 2006

 

PCB 05-182

U.S. Mineral, L.L.C. v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this permit appeal involving a Montgomery County

facility.

 

4-0

P-A, Air

 

PCB 05-215

People of the State of Illinois v. First Rockford Group, Inc., Village of Cherry

Valley, Heritage Engineering, Ltd., and Schlichting & Sons Excavating, Inc. –

Upon receipt of a proposed stipulation and settlement agreement between

complainant and Village of Cherry Valley only, and an agreed motion to request

relief from the hearing requirement in this public water supply enforcement

action involving a Winnebago County facility, the Board ordered publication of

the required newspaper notice.

 

4-0

PWS-E

PCB 06-37

Illinois State Toll Highway Authority (Lincoln Oasis) – The Board accepted for

hearing this underground storage tank appeal involving a Cook County facility.

4-0

UST Appeal

 

PCB 06-39

Dalee Oil Company (Okawville)(SCCR) v. IEPA – Having previously granted a

request for a 90-day extension, the Board dismissed this matter because no

underground storage tank appeal was filed on behalf of this Washington County

facility.

 

4-0

UST Appeal

 

PCB 06-40

Dalee Oil Company (Okawville) (SCWP/B) v. IEPA – The Board accepted for

hearing this underground storage tank appeal involving a Washington County

facility.

 

4-0

UST Appeal

 

PCB 06-55

Soyland Power Cooperative, Inc. v. IEPA – The Board granted petitioner’s

motion to stay the effectiveness of the provisions and conditions appealed in the

Clean Air Act Permit Program permit.

 

4-0

P-A, Air

PCB 06-91

Basic Wire & Cable Co. v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Cook County facility.

 

4-0

UST Appeal

 

PCB 06-92

Marathon Ashland Petroleum, L.L.C., (Tank Seals) (Property Identification No.

51-34-1-21 or portion thereof) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Marathon Ashland Petroleum, L.L.C. located

in Crawford County are pollution control facilities for the purpose of preferential

tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2004)).

 

4-0

T-C

PCB 06-93

Marathon Ashland Petroleum, L.L.C. (Ultraformer Vent Gas Scrubber) (Property

Identification No. 51-34-1-21 or portion thereof) v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the Board found

and certified that specified facilities of Marathon Ashland Petroleum, L.L.C.

located in Crawford County are pollution control facilities for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10

(2004)).

4-0

T-C

19

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Environmental Register – January 2006

 

PCB 06-94

Marathon Ashland Petroleum, L.L.C. (DHT – Coker Naptha Project)) (Property

Identification No. 51-34-1-21 or portion thereof) v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the Board found

and certified that specified facilities of Marathon Ashland Petroleum, L.L.C.

located in Crawford County are pollution control facilities for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10

(2004)).

 

4-0

T-C

PCB 06-95

Marathon Ashland Petroleum, L.L.C. (Low NOx) (Property Identification No.

51-34-1-21 or portion thereof) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Marathon Ashland Petroleum, L.L.C. located

in Crawford County are pollution control facilities for the purpose of preferential

tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2004)).

 

4-0

T-C

PCB 06-96

Marathon Ashland Petroleum, L.L.C. (Cooling Tower Drift Eliminators)

(Property Identification No. 51-34-1-21 or portion thereof) v. IEPA – Upon

receipt of the Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of Marathon Ashland

Petroleum, L.L.C. located in Crawford County are pollution control facilities for

the purpose of preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2004)).

 

4-0

T-C

PCB 06-97

Marathon Ashland Petroleum, L.L.C. (Storage Tank Emission Reduction

Project) (Property Identification No. 51-34-1-21 or portion thereof) v. IEPA –

Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of

Marathon Ashland Petroleum, L.L.C. located in Crawford County are pollution

control facilities for the purpose of preferential tax treatment under the Property

Tax Code (35 ILCS 200/11-10 (2004)).

 

4-0

T-C

PCB 06-98

Marathon Ashland Petroleum, L.L.C. (Platformer Net Hyrdogen Scrubber)

(Property Identification No. 51-34-1-21 or portion thereof) v. IEPA – Upon

receipt of the Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of Marathon Ashland

Petroleum, L.L.C. located in Crawford County are pollution control facilities for

the purpose of preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2004)).

 

4-0

T-C

PCB 06-99

Marathon Ashland Petroleum, L.L.C. (Mosc Tank) (Property Identification No.

51-34-1-21 or portion thereof) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Marathon Ashland Petroleum, L.L.C. located

in Crawford County are pollution control facilities for the purpose of preferential

tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2004)).

 

4-0

T-C

20

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Environmental Register – January 2006

 

PCB 06-100

Marathon Ashland Petroleum, L.L.C. (Pump Enhancements – Leak Detection

and Repair) (Property Identification No. 51-34-1-21 or portion thereof) v. IEPA

– Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of

Marathon Ashland Petroleum, L.L.C. located in Crawford County are pollution

control facilities for the purpose of preferential tax treatment under the Property

Tax Code (35 ILCS 200/11-10 (2004)).

 

4-0

T-C

PCB 06-101

Marathon Ashland Petroleum, L.L.C. (Slop Oil Combustor (84F-7)) (Property

Identification No. 51-34-1-21 or portion thereof) v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the Board found

and certified that specified facilities of Marathon Ashland Petroleum, L.L.C.

located in Crawford County are pollution control facilities for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10

(2004)).

 

4-0

T-C

PCB 06-103

People of the State of Illinois v. First Rockford Group, Inc. – The Board

accepted for hearing this land enforcement action involving a site located in

Winnebago County.

 

4-0

L-E

PCB 06-104

People of the State of Illinois v. Moore Painting, an Illinois corporation, and

Illinois-American Water Company, an Illinois corporation – The Board accepted

for hearing this air, land and water enforcement action involving a site located in

Madison County.

 

4-0

A, L, W-E

PCB 06-105

People of the State of Illinois v. Paul Monnier – The Board accepted for hearing

this water enforcement action involving a site located in Hancock County.

 

4-0

W-E

PCB 06-106

Marathon Ashland Petroleum, L.LC. (Floating Roof Tank No. 809)( Property

Identification No. 51-34-21 or portion thereof) v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the Board found

and certified that specified facilities of Marathon Ashland Petroleum, L.L.C.

located in Crawford County are pollution control facilities for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10

(2004)).

 

4-0

T-C

PCB 06-107

Marathon Ashland Petroleum, L.L.C. (Amine Unit No. 2) (Property

Identification No. 51-34-1-21 or portion thereof) v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the Board found

and certified that specified facilities of Marathon Ashland Petroleum, L.L.C.

located in Crawford County are pollution control facilities for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10

(2004)).

 

4-0

T-C

PCB 06-108

Marathon Ashland Petroleum, L.L.C. (LPG Merox Unit) (Property Identification

No. 51-34-1-21 or portion thereof) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

4-0

T-C

21

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Environmental Register – January 2006

certified that specified facilities of Marathon Ashland Petroleum, L.L.C. located

in Crawford County are pollution control facilities for the purpose of preferential

tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2004)).

 

PCB 06-109

Marathon Ashland Petroleum, L.L.C. (Low Temperature Thermal Desorption

Process) (Property Identification Number 51-34-1-21 or portion thereof) v. IEPA

– Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of

Marathon Ashland Petroleum, L.L.C. located in Crawford County are pollution

control facilities for the purpose of preferential tax treatment under the Property

Tax Code (35 ILCS 200/11-10 (2004)).

 

4-0

T-C

PCB 06-110

Marathon Ashland Petroleum, L.L.C. (Wastewater Treatment Plant and Benzene

NESHAP Air Controls) (Property Identification No. 51-34-1-21 or portion

thereof) v. IEPA – Upon receipt of the Illinois Environmental Protection

Agency’s recommendation, the Board found and certified that specified facilities

of Marathon Ashland Petroleum, L.L.C. located in Crawford County are

pollution control facilities for the purpose of preferential tax treatment under the

Property Tax Code (35 ILCS 200/11-10 (2004)).

 

4-0

T-C

PCB 06-115

People of the State of Illinois v. National City Environmental, L.L.C. and

National City Recycling, L.L.C. – The Board accepted for hearing this land and

water enforcement action involving a site located in St. Clair County.

 

4-0

L, W-E

PCB 06-116

People of the State of Illinois v. William Warren and Halleck Warren d/b/a

Hickory Shores Resort, and Hickory Shores Recreations, Ltd. – The Board

accepted for hearing this water enforcement action involving a site located in

Clinton County.

 

4-0

W-E

PCB 06-117

People of the State of Illinois v. Saline County Landfill, Inc. – The Board

accepted for hearing this land enforcement action involving a site located in

Saline County.

 

4-0

L-E

PCB 06-118

Mahr’s Sales & Service v. IEPA – The Board granted this request for a 90-day

extension of time to file an underground storage tank appeal on behalf of this

Fulton County facility.

 

4-0

UST Appeal

90-Day Ext.

 

PCB 06-119

People of the State of Illinois v. Strata Geologic Services, Inc. – The Board

accepted for hearing this land enforcement action involving a site located in

Rock Island County.

 

4-0

L-E

PCB 06-120

Southern Illinois Power Cooperative (Wet Scrubber System) (Property

Identification Number 10-26-200-002) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Southern Illinois Power Cooperative located

in Williamson County are pollution control facilities for the purpose of

4-0

T-C

22

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Environmental Register – January 2006

preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10

(2004)).

 

PCB 06-121

Southern Illinois Power Cooperative (Selective Catalytic Reduction System)

(Property Identification Number 10-26-200-002) v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the Board found

and certified that specified facilities of Southern Illinois Power Cooperative

located in Williamson County are pollution control facilities for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10

(2004)).

 

4-0

T-C

PCB 06-122

Southern Illinois Power Cooperative (Rothemuhle Electrostatic Precipitator)

(Property Identification Number 10-26-200-002) v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the Board found

and certified that specified facilities of Southern Illinois Power Cooperative

located in Williamson County are pollution control facilities for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10

(2004)).

4-0

T-C

 

January 19, 2006

Chicago, Illinois

 

Rulemakings

R03-9

In the Matter of: Proposed New and Updated Rules for Measurement and

Numerical Sound Emissions Standards Amendments to 35 Ill. Adm. Code 901

and 910 – The Board adopted a second notice opinion and order in this

rulemaking to amend the Board’s noise pollution regulations.

 

4-0

R, Noise

R04-26

In the Matter of: Proposed 35 Ill. Adm. Code 304.123(g ), 304.123(h ),

304.123(i ), 304.123(j ), and 304.123(k ) – The Board adopted a response to the

Joint Committee on Administrative Rules December 13, 2005 objection to this

rulemaking, respectfully declining to withdraw the rule. The Board then adopted

a final opinion and order in this rulemaking which amends the Board’s water

quality standards regulations.

 

4-0

R, Water

R06-21

In the Matter of: Organic Material Emissions Standards and Limitations for the

Chicago and Metro-East Areas: Proposed Amendments to 35 Adm. Code 218

and 219 – The Board accepted for hearing the Illinois Environmental Protection

Agency’s (IEPA) December 22, 2005 proposal to amend the Board’s air

pollution control regulations. But, the Board also directed the IEPA to address

the deficiencies noted in the order in writing prior to any hearing scheduled in

this proceeding at such time as directed by the hearing officer.

4-0

R, Air

 

Administrative Citations

AC 06-18

IEPA v. Maurice L. Thompson Trust – The Board found that this Fulton County

4-0

23

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Environmental Register – January 2006

respondent violated Section 21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1),

(p)(7) (2004)), and ordered respondent to pay a civil penalty of $3,000.

 

AC 06-19

IEPA v. Maurice L. Thompson Trust – The Board found that this Fulton County

respondent violated Section 21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1),

(p)(7) (2004)), and ordered respondent to pay a civil penalty of $3,000.

4-0

 

Decisions

PCB 04-192

People of the State of Illinois v. Smithfield Properties, L.L.C., Wooton

Construction, Ltd., and Chicago Sun-Times, Inc. – In this land and water

enforcement action concerning a Cook County facility, the Board granted relief

from the hearing requirement of Section 31(c)(1) of the Environmental

Protection Act (415 ILCS 5/31(c)(1) (2004)), accepted a stipulation and

settlement agreement as to the Chicago Sun-Times, Inc. only, and ordered the

respondent to pay a total civil penalty of $40,000, and to cease and desist from

further violations.

4-0

L&W-E

 

Motions and Other Matters

PCB 04-201

People of the State of Illinois v. Southern Illinois Power Cooperative – Upon

receipt of a proposed stipulation and settlement agreement and an agreed motion

to request relief from the hearing requirement in this air enforcement action

involving a Williamson County facility, the Board ordered publication of the

required newspaper notice.

 

4-0

A-E

PCB 05-154

McLean County Asphalt v. IEPA – The Board denied petitioner’s motion for

summary judgment.

 

4-0

UST Appeal

 

PCB 05-181

People of the State of Illinois v. Pattison Associates LLC, an Illinois limited

liability company, and 5701 South Calumet LLC, an Illinois limited liability

company – The Board granted respondent’s motion to withdraw affirmative

defenses.

 

4-0

A-E

PCB 05-201

People of the State of Illinois v. Illinois Tool Works, Inc. – Upon receipt of a

proposed stipulation and settlement agreement and an agreed motion to request

relief from the hearing requirement in this air enforcement action involving a

Cook County facility, the Board ordered publication of the required newspaper

notice.

 

4-0

A-E

PCB 05-207

People of the State of Illinois v. Precision Twist Drill Co. – Upon receipt of a

proposed stipulation and settlement agreement and an agreed motion to request

relief from the hearing requirement in this air enforcement action involving a

McHenry County facility, the Board ordered publication of the required

newspaper notice.

 

4-0

A-E

PCB 06-11

Silbrico Corporation v. IEPA – The Board found that petitioner’s amended

4-0

24

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Environmental Register – January 2006

petition did not meet the content requirements set forth in 35 Ill. Adm. Code

104.204 and dismissed it as deficient.

 

L-V

PCB 06-47

Eaves Auto Repair v. IEPA – Having previously granted a request for a 90-day

extension, the Board dismissed this matter because no underground storage tank

appeal was filed on behalf of this Ford County facility.

 

4-0

UST Appeal

 

PCB 06-102

Marathon Ashland Petroleum, L.L.C. (Selective Catalytic Reduction Unit)

(Property Identification No. 51-34-1-21 or portion thereof) v. IEPA – The Board

granted the IEPA’s motion to withdraw its’ recommendation for tax certification,

and dismissed the docket.

 

4-0

T-C

PCB 06-105

People of the State of Illinois v. Paul Monnier – The Board granted

complainant’s motion for voluntary dismissal of this water enforcement action

involving a Hancock County facility

 

4-0

W-E

PCB 06-123

Marathon Ashland Petroleum, L.L.C. (Chloride Reduction-Debutanizer Net Gas

Scrubber) (Property Identification Number 51-34-1-21 or portion thereof) v.

IEPA – Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of

Marathon Ashland Petroleum, L.L.C. located in Crawford County are pollution

control facilities for the purpose of preferential tax treatment under the Property

Tax Code (35 ILCS 200/11-10 (2004)).

 

4-0

T-C

PCB 06-124

Prairie Rivers Network and Sierra Club v. IEPA and Prairie State Generating

Company, L.L.C. – The Board accepted for hearing and on its own motion

consolidated this permit appeal involving a Washington County facility with

PCB 06-127.

 

4-0

P-A, NPDES

Third Party

 

PCB 06-125

Wareco Service, Inc. v. IEPA – The Board granted this request for a 90-day

extension of time to file an underground storage tank appeal on behalf of this

Knox County facility.

4-0

UST Appeal

90-Day Ext.

 

PCB 06-126

AmerenEnergy Resources Generating Company v. IEPA – The Board accepted

for hearing this permit appeal involving a Peoria County facility.

 

4-0

P-A, Air

PCB 06-127

American Bottom Conservancy and Dale Wojtkowski v. IEPA and Prairie State

Generating Company, L.L.C. – The Board accepted for hearing and on its own

motion consolidated this permit appeal involving a Washington County facility

with PCB 06-124.

 

4-0

P-A, NPDES

Third Party

PCB 06-128

Goodwin Mobil Service v. IEPA – The Board granted this request for a 90-day

extension of time to file an underground storage tank appeal on behalf of this

Montgomery County facility.

 

4-0

UST Appeal

90-Day

25

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Environmental Register – January 2006

Ext.

 

PCB 06-129

Vic Koenig Chevrolet v. IEPA – The Board granted this request for a 90-day

extension of time to file an underground storage tank appeal on behalf of this

Jackson County facility.

 

4-0

UST Appeal

90-Day

Ext.

 

PCB 06-130

Arlyn’s Service Center v. IEPA – The Board granted this request for a 90-day

extension of time to file an underground storage tank appeal on behalf of this

Randolph County facility.

 

4-0

UST Appeal

90-Day

Ext.

 

New Cases

 

 

January 5, 2006 Board Meeting

06-091

Basic Wire & Cable Co. v. IEPA – The Board accepted for hearing this underground storage tank appeal

involving a Cook County facility.

06-092

Marathon Ashland Petroleum, L.L.C., (Tank Seals) (Property Identification No. 51-34-1-21 or portion

thereof) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Marathon Ashland Petroleum, L.L.C. located in Crawford County are

pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2004)).

06-093

Marathon Ashland Petroleum, L.L.C. (Ultraformer Vent Gas Scrubber) (Property Identification No. 51-34-

1-21 or portion thereof) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation,

the Board found and certified that specified facilities of Marathon Ashland Petroleum, L.L.C. located in Crawford

County are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35

ILCS 200/11-10 (2004)).

06-094

Marathon Ashland Petroleum, L.L.C. (DHT – Coker Naptha Project)) (Property Identification No. 51-34-1-

21 or portion thereof) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation,

the Board found and certified that specified facilities of Marathon Ashland Petroleum, L.L.C. located in Crawford

County are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35

ILCS 200/11-10 (2004)).

06-095

Marathon Ashland Petroleum, L.L.C. (Low NOx) (Property Identification No. 51-34-1-21 or portion

thereof) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Marathon Ashland Petroleum, L.L.C. located in Crawford County are

pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2004)).

06-096

Marathon Ashland Petroleum, L.L.C. (Cooling Tower Drift Eliminators) (Property Identification No. 51-34-

1-21 or portion thereof) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation,

the Board found and certified that specified facilities of Marathon Ashland Petroleum, L.L.C. located in Crawford

County are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35

ILCS 200/11-10 (2004)).

06-097

Marathon Ashland Petroleum, L.L.C. (Storage Tank Emission Reduction Project) (Property Identification

No. 51-34-1-21 or portion thereof) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s

26

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Environmental Register – January 2006

recommendation, the Board found and certified that specified facilities of Marathon Ashland Petroleum, L.L.C.

located in Crawford County are pollution control facilities for the purpose of preferential tax treatment under the

Property Tax Code (35 ILCS 200/11-10 (2004)).

06-098

Marathon Ashland Petroleum, L.L.C. (Platformer Net Hyrdogen Scrubber) (Property Identification No. 51-

34-1-21 or portion thereof) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of Marathon Ashland Petroleum, L.L.C.

located in Crawford County are pollution control facilities for the purpose of preferential tax treatment under the

Property Tax Code (35 ILCS 200/11-10 (2004)).

 

06-099

Marathon Ashland Petroleum, L.L.C. (Mosc Tank) (Property Identification No. 51-34-1-21 or portion

thereof) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Marathon Ashland Petroleum, L.L.C. located in Crawford County are

pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2004)).

06-100

Marathon Ashland Petroleum, L.L.C. (Pump Enhancements – Leak Detection and Repair) (Property

Identification No. 51-34-1-21 or portion thereof) v. IEPA – Upon receipt of the Illinois Environmental Protection

Agency’s recommendation, the Board found and certified that specified facilities of Marathon Ashland Petroleum,

L.L.C. located in Crawford County are pollution control facilities for the purpose of preferential tax treatment under

the Property Tax Code (35 ILCS 200/11-10 (2004)).

06-101

Marathon Ashland Petroleum, L.L.C. (Slop Oil Combustor (84F-7)) (Property Identification No. 51-34-1-21

or portion thereof) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of Marathon Ashland Petroleum, L.L.C. located in Crawford

County are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35

ILCS 200/11-10 (2004)).

06-102

Marathon Ashland Petroleum, L.L.C. (Selective Catalytic Reduction Unit) (Property Identification No. 51-

34-1-21 or portion thereof) v. IEPA – No action taken.

06-103

People of the State of Illinois v. First Rockford Group, Inc. – The Board accepted for hearing this land

enforcement action involving a site located in Winnebago County.

06-104

People of the State of Illinois v. Moore Painting, an Illinois corporation, and Illinois-American Water

Company, an Illinois corporation – The Board accepted for hearing this air, land and water enforcement action

involving a site located in Madison County.

06-105

People of the State of Illinois v. Paul Monnier – The Board accepted for hearing this water enforcement

action involving a site located in Hancock County.

06-106

Marathon Ashland Petroleum, L.LC. (Floating Roof Tank No. 809)(Property Identification No. 51-34-21 or

portion thereof) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of Marathon Ashland Petroleum, L.L.C. located in Crawford

County are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35

ILCS 200/11-10 (2004)).

06-107

Marathon Ashland Petroleum, L.L.C. (Amine Unit No. 2) (Property Identification No. 51-34-1-21 or portion

thereof) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Marathon Ashland Petroleum, L.L.C. located in Crawford County are

pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2004)).

06-108

Marathon Ashland Petroleum, L.L.C. (LPG Merox Unit) (Property Identification No. 51-34-1-21 or portion

thereof) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Marathon Ashland Petroleum, L.L.C. located in Crawford County are

pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2004)).

06-109

Marathon Ashland Petroleum, L.L.C. (Low Temperature Thermal Desorption Process) (Property

Identification Number 51-34-1-21 or portion thereof) v. IEPA – Upon receipt of the Illinois Environmental

27

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Environmental Register – January 2006

Protection Agency’s recommendation, the Board found and certified that specified facilities of Marathon Ashland

Petroleum, L.L.C. located in Crawford County are pollution control facilities for the purpose of preferential tax

treatment under the Property Tax Code (35 ILCS 200/11-10 (2004)).

06-110

Marathon Ashland Petroleum, L.L.C. (Wastewater Treatment Plant and Benzene NESHAP Air Controls)

(Property Identification No. 51-34-1-21 or portion thereof) v. IEPA – Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and certified that specified facilities of Marathon Ashland

Petroleum, L.L.C. located in Crawford County are pollution control facilities for the purpose of preferential tax

treatment under the Property Tax Code (35 ILCS 200/11-10 (2004)).

06-111

Marathon Ashland Petroleum, L.L.C. (Reformulated Gasoline – Blending Process) (Property Identification

No. 51-34-1-21 or portion thereof) v. IEPA – No action taken.

06-112

Marathon Ashland Petroleum, L.L.C. (Amine Expansion, Kerosene Treater, Crude Blending and Merichem

Treater Revamp) (Property Identification No. 51-34-1-21 or portion thereof) v. IEPA – No action taken.

06-113

Marathon Ashland Petroleum, L.L.C. (Reverse Osmosis Degasifier Unit) (Property Identification Number

51-34-1-21 or portion thereof) v. IEPA – No action taken.

06-114

Marathon Ashland Petroleum, L.L.C. (Cooling Water Tower Automation and Control) (Property

Identification Number 51-34-1-21 or portion thereof) v. IEPA – No action taken.

06-115

People of the State of Illinois v. National City Environmental, L.L.C. and National City Recycling, L.L.C. –

The Board accepted for hearing this land and water enforcement action involving a site located in St. Clair County.

06-116

People of the State of Illinois v. William Warren and Halleck Warren d/b/a Hickory Shores Resort, and

Hickory Shores Recreations, Ltd. – The Board accepted for hearing this water enforcement action involving a site

located in Clinton County.

06-117

People of the State of Illinois v. Saline County Landfill, Inc. – The Board accepted for hearing this land

enforcement action involving a site located in Saline County.

06-118

Mahr’s Sales & Service v. IEPA – The Board granted this request for a 90-day extension of time to file an

underground storage tank appeal on behalf of this Fulton County facility.

06-119

People of the State of Illinois v. Strata Geologic Services, Inc. – The Board accepted for hearing this land

enforcement action involving a site located in Rock Island County.

06-120

Southern Illinois Power Cooperative (Wet Scrubber System) (Property Identification Number 10-26-200-

002) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found

and certified that specified facilities of Southern Illinois Power Cooperative located in Williamson County are

pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2004)).

06-121

Southern Illinois Power Cooperative (Selective Catalytic Reduction System) (Property Identification

Number 10-26-200-002) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of Southern Illinois Power Cooperative

located in Williamson County are pollution control facilities for the purpose of preferential tax treatment under the

Property Tax Code (35 ILCS 200/11-10 (2004)).

06-122

Southern Illinois Power Cooperative (Rothemuhle Electrostatic Precipitator) (Property Identification

Number 10-26-200-002) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of Southern Illinois Power Cooperative

located in Williamson County are pollution control facilities for the purpose of preferential tax treatment under the

Property Tax Code (35 ILCS 200/11-10 (2004)).

 

January 19, 2006 Board Meeting

06-123

Marathon Ashland Petroleum, L.L.C. (Chloride Reduction-Debutanizer Net Gas Scrubber) (Property

Identification Number 51-34-1-21 or portion thereof) v. IEPA – Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and certified that specified facilities of Marathon Ashland

28

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Environmental Register – January 2006

Petroleum, L.L.C. located in Crawford County are pollution control facilities for the purpose of preferential tax

treatment under the Property Tax Code (35 ILCS 200/11-10 (2004)).

06-124

Prairie Rivers Network and Sierra Club v. IEPA and Prairie State Generating Company, L.L.C. – The Board

accepted for hearing and on its own motion consolidated this permit appeal involving a Washington County facility

with PCB 06-127.

06-125

Wareco Service, Inc. v. IEPA – The Board granted this request for a 90-day extension of time to file an

underground storage tank appeal on behalf of this Knox County facility.

06-126

AmerenEnergy Resources Generating Company v. IEPA – The Board accepted for hearing this permit

appeal involving a Peoria County facility.

06-127

American Bottom Conservancy and Dale Wojtkowski v. IEPA and Prairie State Generating Company,

L.L.C. – The Board accepted for hearing and on its own motion consolidated this permit appeal involving a

Washington County facility with PCB 06-124.

06-128

 

Goodwin Mobil Service v. IEPA – The Board granted this request for a 90-day extension of time to file an

underground storage tank appeal on behalf of this Montgomery County facility.

06-129

Vic Koenig Chevrolet v. IEPA – The Board granted this request for a 90-day extension of time to file an

underground storage tank appeal on behalf of this Jackson County facility.

06-130

Arlyn’s Service Center v. IEPA – The Board granted this request for a 90-day extension of time to file an

underground storage tank appeal on behalf of this Randolph County facility.

 

06-131

Wesley Brazas, Jr. v. Mr. Jeff Magnussen, President Village of Hampshire and IEPA – No action taken.

 

AC 06-020

IEPA v. Georgia Shank and Steve Shank – The Board accepted an administrative citation against these

Bond County respondents.

 

Provisional Variances

 

IEPA 06-07 City of Plano v. IEPA

—On January 19, 2006, the Illinois Environmental Protection Agency granted

the City of Plano a provisional variance from the daily maximum permit limits for ammonia nitrogen of National

Pollution Discharge Elimination System Permit IL0020052 for the city’s waste water treatment system. The

provision variance is effect for the time period from January 13, 2006 to January 27, 2007.

IEPA 06-06 Salt Creek Sanitary District v. IEPA

— On January 10, 2006, the Illinois Environmental Protection

Agency amended the provisional variance that this DuPage County waste water treatment plant facility to include

ammonia nitrogen. The provisional variance originally allowed the plant to exceed its daily maximum limits for

Total Suspended Solids and for Carbonaceous Biochemical Oxygen Demand above the limits specified in its

National Pollution Discharge Elimination System Permit for the time period from December 21, 2005 through

February 4, 2006.

Public Act 93-0152 (Senate Bill 222) amended Sections 35-37 of the Illinois Environmental Act (415 ILCS 5/5(b)

(2002)) so that provisional variances are issued by the Illinois Environmental Protection Agency (IEPA). If the

IEPA grants a provisional variance, then the IEPA must file a copy of its written decision with the Board. The

Board must maintain copies of the provisional variances for public inspection. Copies of provisional variances can

be obtained by contacting the Clerk’s Office at (312) 814-3620, or by visiting the Board’s Website at

www.ipcb.state.il.us. If the IEPA denies a provisional variance request, then the applicant may initiate a

proceeding with the Board for a full variance.

 

29

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Environmental Register – January 2006

Calendar

2/02/06

Illinois Pollution Control Board Meeting

Videoconference

Chicago/Springfield

James R. Thompson Center

Hearing Room 11-512

100 W. Randolph Street

Chicago

And

1021 N. Grand Avenue East

Oliver Holmes Conference

Room 2012 N

Springfield

2/16/06

11:00 AM

Illinois Pollution Control Board Meeting

Chicago

James R. Thompson Center

Conference Room 09-040

100 W. Randolph Street

Chicago

2/22/06

10:00 AM

PCB 06-40

Dalee Oil Company

(Okawville)(SCWP/B) v. IEPA

Washington County Courthouse

Second Floor

101 E. St. Louis Street

Nashville

3/1/06

10:00 AM

R06-19

In the Matter of: Clean Construction or

Demolition Debris Fill Operations Under

PA 94-272 (35 Ill. Adm. Code 1100)

Illinois State Museum

Auditorium, Lower Level

502 South Spring Street

Springfield

3/1/06

10:30 AM

R06-10

In the Matter of: Proposed Amendments

to Tiered Approach to Corrective Action

Objectives (35 Ill. Adm. Code 742)

IEPA

North Entrance

TQM Room

1000 E. Converse

Springfield

3/2/06

9:00 AM

AC 05-40

IEPA v. Northern Illinois Service

Company

State of Illinois Rockford

Regional Office

Conference Room A

4302 North Main Street

Rockford

3/02/06

Illinois Pollution Control Board Meeting

Illinois Pollution Control Board

Board Room, 1244 N

1021 N. Grand Avenue East

Springfield

3/16/06

11:00 AM

Illinois Pollution Control Board Meeting

Chicago

James R. Thompson Center

Conference Room 09-040

100 W. Randolph Street

Chicago

3/30/06

9:00 AM

PCB 04-88

DesPlaines River Watershed Alliance,

Livable Communities Alliance, Prairie

Rivers Network, and Sierra Club v. IEPA

and Village of New Lenox

Village of Bolingbrook Board

Room

375 W. Briarcliff Road

Bolingbrook

3/31/06

9:00 AM

PCB 04-88

DesPlaines River Watershed Alliance,

Livable Communities Alliance, Prairie

Rivers Network, and Sierra Club v. IEPA

and Village of New Lenox

Village of Bolingbrook Board

Room

375 W. Briarcliff Road

Bolingbrook

30

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Environmental Register – January 2006

4/06/06

Illinois Pollution Control Board Meeting

Videoconference

Chicago/Springfield

James R. Thompson Center

Hearing Room 11-512

100 W. Randolph Street

Chicago

And

1021 N. Grand Avenue East

Oliver Holmes Conference

Room 2012 N

Springfield

4/20/06

11:00 AM

Illinois Pollution Control Board Meeting

Chicago

James R. Thompson Center

Conference Room 09-040

100 W. Randolph Street

Chicago

 

Illinois Environmental Protection Agency

 

Division of Public Water Supplies

 

Restricted Status List -- Public Water Supplies

 

 

The Restricted Status List was developed to give additional notification to officials of public

water supplies which are in violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies,

Chapter I or the Illinois Environmental Protection Act.

 

The Restricted Status List will include all Public Water Supplies for which the Agency has

information indicating a violation of any of the following requirements: Finished water quality

requirements of 35 Ill. Adm. Code, Part 604, Subparts B and C; maintenance of adequate pressure

on all parts of the distribution system under all conditions of demand; meeting raw water quantity

requirements of 35 Ill. Adm. Code 604.502; or maintenance of treatment facilities capable of

providing water "assuredly adequate in quantity" as required by Section 18 of the Illinois

Environmental Protection Act.

 

A public water supply on the Restricted Status List will not be issued permits for water main

extensions, except for certain limited situations, or unless the supply has been granted a variance

from the Illinois Pollution Control Board for the violation, or from permit issuance requirements

of Section 39 of the Act.

 

This list is continually being revised as new information becomes available, and therefore,

specific inquiries as to the status of any public water supply should be directed to the Division of

Public Water Supplies for final determination. This list reflects the status as of January 1, 2006.

 

* Indicates public water supplies which have been added to the list since the previous publication

 

PUBLIC WATER SYSTEM

 

EPA

RGN

 

NATURE OF

PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

ALTERNATIVE BEHAVIOR

TREATMENT CENTER - IL0977189

2

INADEQUATE

PRESSURE TANK

50 6/15/1988

ALTO PASS WATER DISTRICT -

IL1815150

7

DISINFECTION BY-

PRODUCTS

1031 1/15/2005

31

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Environmental Register – January 2006

PUBLIC WATER SYSTEM

 

EPA

RGN

 

NATURE OF

PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

ARLINGTON REHABILITATION

LIVING CENTER - IL0971110

2

INADEQUATE HYDRO

STORAGE

180 12/1/2003

AURORA COMMUNITY WATER

ASSN - IL0895750

2

INADEQUATE

PRESSURE TANK

150 12/16/1988

BAHL WATER CORP - IL0855200

1

INADEQUATE

PRESSURE TANK

700 12/15/1993

* BALCITIS PUMP CORP -

IL2015100

1

INADEQUATE

STORAGE

150 1/1/2006

BRADLEY HEIGHTS

SUBDIVISION - IL2015050

1

INADEQUATE

PRESSURE TANK

192 9/13/1985

BUCKINGHAM - IL0910250

2

INADEQUATE

PRESSURE TANK

340 3/17/1989

CARROLL HEIGHTS UTILITIES

COMPANY - IL0155200

1

INADEQUATE

PRESSURE TANK

96 3/20/1981

CENTURY PINES APARTMENTS –

IL0150020

1

INADEQUATE

PRESSURE TANK

50 10/14/1990

* CHANDLERVILLE - IL0170200

5

INAD & UNAPPROVED

STORAGE

704 1/1/2006

COOKSVILLE - IL1130400

4

TTHM & HALOACIDIC

ACIDS

300 9/15/2005

COYNE CNTR COOP - IL1615150

1

INADEQUATE

PRESSURE TANK

150 12/15/1997

CROPSEY COMMUNITY WATER -

IL1135150

4

INADEQUATE

PRESSURE TANK

31 3/20/1981

CRYSTAL CLEAR WATER

COMPANY - IL1115150

2

INADEQUATE

PRESSURE TANK

885 9/16/1988

D L WELL OWNERS

ASSOCIATION - IL0975380

2

INADEQUATE

PRESSURE TANK

141 3/18/1983

DE KALB UNIV DVL CORP -

IL0375148

1

INADEQUATE

PRESSURE TANK

1050 12/16/1992

DEERING OAKS SUBDIVISION -

IL1115200

2

INADEQUATE

PRESSURE TANK

60 12/17/1982

DONNELLSON - IL0054360

6

TRIHALOMETHANE 197

9/15/2005

DOVER - IL0110350

1

INADEQUATE

PRESSURE TANK

169 5/25/1981

EAST END WATER

ASSOCIATION - IL1610140

1

INADEQUATE

STORAGE CAPACITY

40 3/15/2002

EAST MORELAND WATER

2

INADEQUATE

135

3/15/1996

32

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Environmental Register – January 2006

PUBLIC WATER SYSTEM

 

EPA

RGN

 

NATURE OF

PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

CORPORATION - IL1975640

PRESSURE TANK

EASTMORELAND WTR SERVICE

ASSN - IL1975600

2

INADEQUATE

PRESSURE TANK

650 3/20/1981

EATON PWD - IL0335100

4

INADEQUATE

SOURCE CAPACITY

920 3/15/2002

EDGINGTON WATER DISTRICT -

IL1615550

1

INADEQUATE

PRESSURE TANK

485 3/20/1981

EVANSVILLE - IL1570250

6

TRIHALOMETHANE 740

6/15/2002

EVERGREEN VILLAGE

SUBDIVISION - IL1615310

1

INADEQUATE

PRESSURE TANK

130 3/20/1981

FAHNSTOCK COURT

SUBDIVISION - IL1435200

5

INADEQUATE

PRESSURE TANK

35 5/25/1981

FAIR ACRES SUBDIVISION -

IL1975680

2

INADEQUATE

PRESSURE TANK

156 10/19/1981

FOREST LAKE ADDITION -

IL0975500

2

INADEQUATE

PRESSURE TANK

204 12/16/1983

FRWRD-SKYLINE PLANT -

IL0895030

2

INADEQUATE

PRESSURE TANK

700 9/19/1986

GARDEN STREET

IMPROVEMENT ASSOCIATION -

IL1975376

2

INADEQUATE

PRESSURE TANK

54

9/15/1989

GOOD SHEPHERD MANOR -

IL0915189

2

INADEQUATE

PRESSURE TANK

25 3/17/1989

GREAT OAKS AND BEACON

HILLS APARTMENTS - IL2015488

1

INADEQUATE

PRESSURE TANK

2420 12/17/1982

HARBOR LITES-PISTAKEE FSHG

CL - IL1110011

2

INADEQUATE

PRESSURE TANK

100 3/14/2001

HAWTHORN WOODS - IL0970450

2

INADEQUATE

PRESSURE TANK

672 3/15/1995

HEATHERFIELD SUBDIVISION -

IL0635150

2

INADEQUATE

PRESSURE TANK

75 9/17/1982

HECKER - IL1330150

6

DISINFECTION BY-

PRODUCTS

608 1/15/2005

HETTICK - IL1170500

5

TRIHALOMETHANE 182

6/15/2002

HIGHLAND SUBDIVISION -

IL0895530

2

INADEQUATE

PRESSURE TANK

60 9/16/1983

HILLVIEW SUBDIVISION -

IL1975800

2

INADEQUATE

PRESSURE TANK

100 3/15/1985

HOLY FAMILY VILLA - IL0310280

2

INADEQUATE

200

9/15/1999

33

---

Environmental Register – January 2006

PUBLIC WATER SYSTEM

 

EPA

RGN

 

NATURE OF

PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

PRESSURE TANK

INGALLS PARK SUBDIVISION -

IL1975880

2

INADEQUATE

PRESSURE TANK

745 9/16/1983

IOLA - IL0250010

7

DISINFECTION BY-

PRODUCTS

140 1/15/2005

KIRK WATER LINE INC -

IL0330030

4

INADEQUATE

SOURCE CAPACITY

72 3/15/2002

LAKE LYNWOOD WATER

SYSTEM - IL0735330

1

INADEQUATE

PRESSURE TANK

75 8/31/1981

LARCHMONT SUBDIVISION -

IL2015290

1

INADEQUATE

PRESSURE TANK

64 6/17/1983

LARSON COURT APARTMENTS -

IL1615728

1

INADEQUATE

PRESSURE TANK

58 1/14/1982

LEGEND LAKES WATER

ASSOCIATION - IL2015300

1

INADEQUATE

PRESSURE TANK

283 3/14/1991

LIBERTY PARK HOMEOWNERS

ASSOCIATION - IL0435600

2

INADEQUATE

PRESSURE TANK

837 9/17/1992

LINDENWOOD WATER

ASSOCIATION - IL1415300

1

INADEQUATE

PRESSURE TANK

50 1/13/1982

LISBON NORTH, INC. - IL0631000

2

INADEQUATE

PRESSURE TANK

30 9/14/1990

LONDON MILLS - IL0574620

5

INADEQUATE

PRESSURE TANK

447 12/14/1984

LYNN CENTER - IL0735100

1

INADEQUATE

PRESSURE TANK

100 3/15/1995

LYNNWOOD WATER

CORPORATION - IL0995336

1

INADEQUATE

PRESSURE TANK

110 3/18/1983

M C L W SYSTEM, INC. -

IL1315150

1

INADEQUATE

SOURCE

98 3/20/1981

MOUND PWD - IL1635050

6

INADEQUATE PLANT

CAPACITY

2200 6/17/1996

NORTHWEST BELMONT

IMPROVEMENT ASSN - IL0435900

2

INADEQUATE

PRESSURE TANK

78 9/29/1981

OAK RIDGE SD - IL2035300

1

INADEQUATE

PRESSURE TANK

240 3/20/1981

OLIVET NAZARENE UNIVERSITY

- IL0915279

1

INADEQUATE

PRESSURE TANK

0 3/15/1994

OPHIEM PWS - IL0735150

1

INADEQUATE

PRESSURE TANK

100 6/18/1982

34

---

Environmental Register – January 2006

PUBLIC WATER SYSTEM

 

EPA

RGN

 

NATURE OF

PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

OSCO MUTUAL WATER SUPPLY

COMPANY, INC. - IL0735200

1

INADEQUATE

PRESSURE TANK

115 12/15/1989

PANAMA – IL0054720

6

TTHM, DBP, INAD

STORAGE

380 1/1/2006

PARK VIEW WATER

CORPORATION – IL0895500

2

INADEQUATE

PRESSURE TANK

150 12/17/1982

PATOKA – IL1210400

6

INADEQUATE PLANT

CAPACITY

731 3/15/1997

PITTSFIELD – IL1490750

5

DISINFECTION BY-

PRODUCTS

4250 1/15/2005

POLO DR AND SADDLE RD

SUBDIVISION - IL0437000

2

INADEQUATE

PRESSURE TANK

90 12/17/1982

PORTS SULLIVAN LAKE

OWNERS ASSOCIATION -

IL0971160

2

INADEQUATE

PRESSURE TANK

293 6/15/1999

PRAIRIE RIDGE ASSOCIATION –

IL1115730

2

INADEQUATE

PRESSURE TANK

130 10/1/2004

PRAIRIE VIEW WATER

ASSOCIATION – IL 1795900

2

INADEQUATE

PRESSURE TANK

40 3/20/1981

RIDGECREST NORTH

SUBDIVISION – IL 0635250

2

INADEQUATE

PRESSURE TANK

60 6/16/1993

RIDGEWOOD LEDGES WATER

ASSOCIATION – IL 1615670

1

INADEQUATE

PRESSURE TANK

370 3/20/1981

RIDGEWOOD SUBDIVISION – IL

1977650

2

INADEQUATE

PRESSURE TANK

250 6/18/1982

ROBINSON-PALESTINE WATER

COMMISSIONS – IL 0335030

4

INADEQUATE PLANT

CAPACITY

11317 11/1/1981

SBDV WATER TRUST #1 – IL

0895300

2

INADEQUATE

PRESSURE TANK

975 3/20/1981

SHAWNITA TRC WATER

ASSOCIATION – IL 1977690

2

INADEQUATE

PRESSURE TANK

125 9/17/1992

SILVIS HEIGHTS WATER CORP –

IL 1615750

1

INADEQUATE HYDRO

STORAGE

1600 12/1/2003

SKYVIEW SBDV – IL0915526

2

INADEQUATE

PRESSURE TANK

45 3/16/1990

SMITHBORO – IL0050250

6

DISINFECTION BY-

PRODUCTS

200 1/15/2005

ST CHARLES COMMISSION

WELLFUND 3 – IL0437040

2

INADEQUATE

PRESSURE TANK

30 12/15/1989

35

---

Environmental Register – January 2006

PUBLIC WATER SYSTEM

 

EPA

RGN

 

NATURE OF

PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

STRATFORD WEST

APARTMENTS - IL1095200

5

INADEQUATE

PRESSURE TANK

39 12/17/1982

SUBURBAN HEIGHTS

SUBDIVISION - IL1615800

1

INADEQUATE

PRESSURE TANK

82 12/16/1983

SUMMIT HOMEOWNERS

ASSOCIATION - IL0975280

2

INADEQUATE

PRESSURE TANK

39 3/16/1984

SUNNY HILL ESTATES

SUBDIVISION - IL0735300

1

INADEQUATE

PRESSURE TANK

525 6/15/2000

SUNNYLAND SUBDIVISION -

IL1977730

2

INADEQUATE

PRESSURE TANK

350 9/16/1983

SWEDONA WATER

ASSOCIATION - IL1315200

1

INADEQUATE

PRESSURE TANK

157 6/15/1990

SYLVAN LAKE 1ST

SUBDIVISION - IL0977100

2

INADEQUATE

PRESSURE TANK

210 6/14/1991

TOWNERS SUBDIVISION -

IL0977250

2

INADEQUATE

PRESSURE TANK

210 1/14/1982

UTILITIES INC HOLIDAY HILLS -

IL1115350

2

INADEQUATE

PRESSURE TANK

729 9/16/1983

UTL INC-LAKE HOLIDAY -

IL0995200

1

INAD SOURCE &

TREATMENT PLT

5460 9/15/1998

UTL INC-NORTHERN HILLS

UTLITIES COMPANY - IL1775050

1

INADEQUATE

PRESSURE TANK

500 3/15/1996

UTL INC-WALK-UP WOODS

WATER COMPANY – IL1115800

2

INADEQUATE

PRESSURE TANK

654 12/17/1982

WEST SHORE PARK

SUBDIVISION – IL0977370

2

INADEQUATE

PRESSURE TANK

528 6/15/2000

WEST SHORELAND

SUBDIVISION- IL0977050

2

INADEQUATE

PRESSURE TANK

189 6/14/1991

WESTERN WAYNE WATER

DISTRICT – IL1910010

7 TRIHALOMETHANE

2262 9/15/2005

WIENEN ESTATES – IL0850030

1

INADEQUATE

PRESSURE TANK

70 12/15/1997

WILLIAMSON – IL1191100

6

TRIHALOMETHANE

340

9/1/2005

WONDER LAKE WATER

COMPANY – IL1115750

2

INADEQUATE

PRESSURE TANK

1442 6/16/1994

WOODSMOKE RANCH

ASSOCIATION – IL0990030

1

INADEQUATE

PRESSURE TANK

450 6/15/1990

YORK CENTER COOP - IL0437550

2

INADEQUATE

240

6/15/1988

36

---

Environmental Register – January 2006

PUBLIC WATER SYSTEM

 

EPA

RGN

 

NATURE OF

PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

PRESSURE TANK

 

WATER SYSTEMS REMOVED FROM PREVIOUS LIST

 

AQUA ILLINOIS-OAKVIEW

IL1977210

BIGGSVILLE IL0710050

BRADFORD IL1750050

BRYANT IL0570200

BUSHNELL IL1090150

CARBON HILL

IL0630100

COUNTRY SIDE ESTATES MHP

IL1795425

EDELSTEIN WATER COOP

IL1435150

GALVA IL0730450

GARDNER IL0630400

GLASFORD IL1430350

HOPEWELL IL1235150

KEWANEE IL0730650

KINGSTON MINES

IL1430450

KNOXVILLE IL0950300

LAKEWOOD SHORES

IMPROVEMENT

IL1975930

LITTLE YORK

IL1870100

LOSTANT IL0990450

MAPLETON IL1430500

MONMOUTH IL1870150

PRAIRIE OAKS ESTS

HOMEOWNERS ASSN

IL0630060

SOUTH WILMINGTON

IL0630650

STANDARD IL1550300

TOULON IL1750150

VIOLA IL1310450

WHISPERING LAKES WATER

SYSTEM, INC.

IL0970220

 

 

Illinois Environmental Protection Agency

 

Division of Public Water Supplies

 

Critical Review List -- Public Water Supplies

 

 

The Critical Review List was developed to give additional notification to officials of public water

supplies which may be close to being in violation of 35 Ill. Adm. Code, Subtitle F: Public Water

Supplies, Chapter I or the Illinois Environmental Protection Act.

 

A supply will be placed on the Critical Review List when Agency records indicate that it is

approaching any of the violations that would place it on the Restricted Status List.

 

This list is continually being revised as new information becomes available, and therefore,

specific inquiries as to the status of any public water supply should be directed to the Division of

Public Water Supplies for final determination. This list reflects the status as of January 1, 2006.

 

37

---

Environmental Register – January 2006

*Indicates public water supplies, which have been added to the list since the previous publication.

 

 

PUBLIC WATER SYSTEM

 

EPA

RG

N

 

NATURE OF

PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

ANDALUSIA - IL1610050

1

INADEQUATE

PRESSURE TANK

1050 12/1/2003

ARENZVILLE - IL0170050

5

INADEQUATE

PRESSURE TANK

408 3/14/2001

BEASON CHESTNUT PWD -

IL1075150

5

INAD PLANT &

SOURCE CAP

600 6/15/2004

BEECHER - IL1970050

2

INADEQUATE

STORAGE

2091 3/14/2001

BLUFORD - IL0810100

7

LOW SYSTEM

PRESSURE

1587 3/20/1981

BROWNING - IL1690050

5

INADEQUATE

SOURCE CAPACITY

175 3/15/1998

CASEYVILLE - IL1630250

6

INADEQUATE

STORAGE

9900 10/1/2004

* CEDARVILLE - IL1770050

1

EMERGENCY POWER

800 1/1/2006

CLAYTON-CAMP-POINT WATER

COMMISSION - IL0015200

5

INADEQUATE

PUMPING CAPACITY

1800 9/15/1998

COLUMBIA - IL1330050

6

INADEQUATE

PUMPING CAPACITY

8365 3/15/1998

* CROPPERS 1ST 4TH AND 5TH

ADDITION - IL1615250

1

UNDERSIZED

WATERMAINS

650 1/1/2006

DE PUE - IL0110300

1

INADEQUATE

TREATMENT PLANT

1729 12/15/1993

ELIZABETH - IL0850150

1

LOW SYSTEM

PRESSURE

682 6/15/1999

EXETER-MERRITT WATER COOP -

IL1710010

5

INADEQUATE

PRESSURE TANK

428 10/1/2004

GALENA - IL0850200

1

LOW SYSTEM

PRESSURE

3640 6/15/1999

* HAMEL - IL1190450

6

INADEQUATE

STORAGE CAPACITY

650 1/1/2006

* HOLIDAY SHORES SD - IL1195110

6

INADEQUATE

STORAGE CAPACITY

3192 1/1/2006

JOY - IL1310100

1

LOW SYSTEM

PRESSURE

373 6/15/1999

38

---

Environmental Register – January 2006

PUBLIC WATER SYSTEM

 

EPA

RG

N

 

NATURE OF

PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

LA MOILLE - IL0110500

1

INADEQUATE PLANT

CAPACITY

750 6/15/1999

LA SALLE - IL0990300

1

INAD PLANT &

SOURCE CAPACITY

9700 11/1/2004

* LACON - IL1230100

1

UNDERSIZED

WATERMAINS

1979 1/1/2006

LEE - IL1034600

1

INADEQUATE

PRESSURE TANK

350 10/1/2004

* MALDEN - IL0110550

1

UNDERSIZED

WATERMAINS

370 1/1/2006

MARION – IL1990550

7

INADEQUATE

SOURCE CAPACITY

14610 11/1/2001

* MASON CITY - IL1250350

5

INADEQUATE

SOURCE CAPACITY

2558 1/1/2001

MATHERSVILLE - IL1310200

1

INADEQUATE

SYSTEM PRESSURE

793 9/13/2000

MC HENRY SHORES WATER

COMPANY - IL1115020

2

LOW SYSTEM

PRESSURE

1813 9/17/1992

MECHANICSBURG-BUFFALO

WATER CMSN - IL1675150

5

INADEQUATE

SOURCE CAPACITY

1350 3/15/1998

* OTTER CREEK LAKE UTILITIES

DISTRICT - IL2015320

1

INADEQUATE

SOURCE CAPACITY

2753 1/1/2006

SCALES MOUND - IL0850400

1

LOW SYSTEM

PRESSURE

400 9/15/1997

SENECA - IL0991050

1

INADEQUATE PLANT

CAPACITY

2053 6/15/1999

* SOUTH HIGHWAY PWD -

IL0775400

7

LOW SYSTEM

PRESSURE &

UNDERSIZED

WATERMAINS

84201 1/1/2006

STOCKTON - IL0850450

1

LOW SYSTEM

PRESSURE

1871 6/15/1984

SUMNER - IL1010300

7

LOW SYSTEM

PRESSURE

1481 12/13/1985

UTL INC-LAKE MARIAN WATER

CORPORATION - IL0895200

2

INAD PRESS

STORAGE & LOW SYS

PRES

924 9/14/1984

WALNUT HILL - IL1210600

6

LOW SYSTEM

PRESSURE

1470 6/14/1985

WATERLOO - IL1330300

6

INADEQUATE

STORAGE

7614 10/1/2004

39

---

Environmental Register – January 2006

PUBLIC WATER SYSTEM

 

EPA

RG

N

 

NATURE OF

PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

* WORDEN - IL1191200

6

INADEQUATE

STORAGE CAPACITY

906 1/1/2006

 

WATER SYSTEM REMOVED FROM PREVIOUS LIST

 

HIGHLAND HILLS SD IL0435560

40

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

------------------------------------------------CUT HERE------------------------------------------------

 

Environmental Register Comment Card

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

---

 

 

The Illinois Pollution Control Board is an independent five-member board

that adopts environmental control standards, rules on enforcement actions,

and other environmental disputes for the State of Illinois.

 

 

The

Environmental Register

is published monthly by the Board, and

contains

updates on rulemakings, descriptions of final decisions, the Board’s hearing

calendar, and other environmental law information.

 

 

 

 

 

------------------------------------------------CUT HERE------------------------------------------------

 

 

 

 

 

 

 

 

 

 

 

 

 

Illinois Pollution Control Board

Environmental Register Coordinator

1021 N. Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274