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 
 
Letter from the Chairman
 
 
There are two issues that I would like to bring to your attention this month.  First, 
on February 16, 2006, the Illinois Pollution Control Board adopted for final 
notice amended general use water quality standards for radium.  Radium is a 
naturally occurring radioactive metal that is commonly found in Illinois 
groundwater.  The amendments contained in docket R 04-21, entitled Revisions 
To Radium Water Quality Standards: Proposed New 35 Ill. Adm. Code 302.307 
and Amendments To 35 Ill. Adm. Code 302.207 and 302.525, revise the radium 
general use water quality standard, applying the standard to combined radium 
226 and 228, as opposed to the current standard applicable only to radium 226.  
 The amendments also add a combined radium standard applicable to public and 
food processing water supplies. 
 
The Board sets the general use water quality standard of 3.75 picocuries per liter 
(pCi/L) radium 226 and 228 as an annual average value rather than an 
instantaneous maximum standard.  This standard applies to all general use waters 
of the State, including stream segments that receive discharges from Publicly 
Owned Treatment Works, as well as the Lake Michigan Basin.  The Board also adopts a separate 5.0 pCi/L 
combined radium standard to Public and Food Processing Supply intakes as an instantaneous maximum standard.  
This rulemaking does not affect Illinois’ drinking water standard of 5.0 pCi/L for combined radium.  For more 
information on this rulemaking, or any of the Board’s other rulemakings, visit the Board’s Website at 
www.ipcb.state.il.us or contact the Clerk’s Office. 
 
Second, given the number of rulemaking dockets currently open before the Board, I want to take the opportunity to 
discuss “service lists” and “notice lists” as the lists are used in rulemaking proceedings.  The Boards’ procedural 
rules define “service list” as “the list of persons designated by the hearing officer or Clerk . . . upon whom 
participants must serve motions, prefiled questions and prefiled testimony and any other documents that participants 
file with the Clerk unless the hearing officer otherwise directs.”  35 Ill. Adm. Code 101.202 (emphasis added).  The 
service list generally includes a rule’s proponent and other entities participating extensively by providing testimony 
 at hearing or offering substantial public comment.  The “notice list” is “the list of persons in a regulatory proceeding 
who will receive all Board opinions and orders and all hearing officer orders.  Persons on a notice list do not receive 
copies of motions, public comments, or testimony.”  35 Ill. Adm. Code 101.202 (emphasis added).  Entities on the 
notice list generally have an interest in the rule but do not plan to offer a substantial comment or file testimony. 
 
With the implementation of the COOL system, interested parties may now request to receive electronic notification 
in the Board’s rulemaking dockets.  Simply by providing your e-mail address, you receive electronic notice when a 
rulemaking docket is updated.  This notification includes the filing of documents that are not typically provided to 
persons on the notice list.  Through COOL, those documents may be viewed, downloaded, and printed as soon as 
they are posted to the Board’s Web site.  This may be a particularly useful tool for some persons and entities that 
had traditionally placed themselves on the Board’s service lists.  The Board is pleased to keep pace with IT 
improvements and encourages all parties to take advantage of COOL, electronic filing, and e-notify.  For more 
information, you may consult either the Board’s Web site or John Therriault in our Clerk's office at (312) 814-3629. 
 
To receive e-notification, go to the Board home page at www.ipcb.state.il.us and click on “Rulemakings Pending 
Before the Board.”  Click where indicated for more information, and you’ll see the button for adding your e-mail 
 address to the e-notify list. 
 
 
 
Sincerely, 
 
G. Tanner Girard, Ph.D. 
Acting Chairman 
Environmental Register – February 2006 
1 
        Inside This Issue:
 
 
FEDERAL UPDATE       
  
  
  
 P.  1 
APPELLATE UPDATE     
  
  
  
 P.  2 
RULE UPDATE   
  
  
  
  
 P.  3 
BOARD ACTIONS        
  
  
  
 P.  8 
NEW CASES      
  
  
  
  
 P. 17 
PROVISIONAL VARIANCES        
  
  
 P. 18 
BOARD CALENDAR      
  
  
  
 P. 19 
IEPA RESTRICTED STATUS LIST 
 P. 22 
IEPA CRITICAL STATUS LIST    
  
  
 P. 23 
 
Federal Update 
United States Environmental Protection Agency Adopts Final Rule Under the Clean Air Act Making 
 Findings That Illinois Failed to Submit a Complete State Implementation Plan for Phase II of the NOX SIP 
Call 
On February 8, 2006 (71 Fed. Reg. 6347) the United States Environmental Protection Agency (USEPA) adopted a 
final rule making findings of failure to submit required State Implementation Plan (SIP) for Phase II of the nitrogen 
oxides (NOx) SIP Call.  USEPA’s final action stated that five states--Indiana, Illinois, Kentucky, Michigan, and 
Virginia--failed to make complete SIP submittals required under the Clean Air Act (CAA).  These States were all 
required to submit SIP measures providing for reductions in the emissions of NOx, an ozone precursor. 
The federal finding of failure is effective March 10, 2006.  It starts a two-year time clock for USEPA to establish a 
federal implementation plan for the effected area, if the states do not act before then to remedy their SIP submittals. 
General questions concerning this notice should be addressed to Jan King, Office of Air Quality Planning and 
Standards, Air Quality Strategies and Standards Division, C539-02, Research Triangle Park, NC 27711; telephone 
number (919) 541-5665; fax number (919) 541-0824; e-mail king.jan@epa.gov.  Legal questions should be 
addressed to Winifred Okoye, Office of General Counsel, (2344A), 1200 Pennsylvania Avenue, NW., Washington, 
DC 20460; telephone number: (202) 564-5446; e-mail okoye.winifred@epa.gov. 
The Board notes that, in the most recent semi-annual regulatory agenda published in the 
Illinois Register
, the 
 anticipates that it will soon propose to the Board rules responding to the 
 NO
x SIP Call using the CAA “fast-track” procedures at Section 28.5 of the Environmental Protection Act (415 
ILCS 5/28.5 (2004)) to complete the Illinois SIP submittal. 
 
United States Environmental Protection Agency Adopts Rules Under the Clean Water Act to Revise the 
Compliance Dates for National Pollutant Discharge Elimination System Permit Regulation and Effluent 
Limitation Guidelines for Concentrated Animal Feeding Operations 
On February 10, 2006 (71 Fed. Reg. 6978) the United States Environmental Protection Agency (USEPA) adopted a 
rule to extend certain compliance dates in the National Pollutant Discharge Elimination System (NPDES) permitting 
requirements and Effluent Limitations Guidelines and Standards for concentrated animal feeding operations 
(CAFOs).  The CAFO rule, issued on February 12, 2003 (at 68 Fed. Reg. 7175) requires a) by February 13, 2006, 
facilities newly defined as CAFOs to obtain permits, and b) by April 13, 2006, all CAFOs to have nutrient 
management plans (NMPs) developed and implemented.  USEPA set a single new compliance date:  July 31, 2007. 
USEPA extended the rule to respond to the Second Circuit Court of Appeals’ order in Waterkeeper Alliance et al. v. 
EPA, 399 F.3d 486 (2nd Cir. 2005).  The final rule revises dates established in 2003 USEPA has extended the date 
by which operations defined as CAFOs as of April 14, 2003, who were not defined as CAFOs prior to that date, 
must seek NPDES permit coverage, from February 13, 2006, to July 31, 2007.  USEPA also amended the date by 
which operations that become defined as CAFOs after April 14, 2003, due to operational changes that would not 
Environmental Register – February 2006 
2 
have made them a CAFO prior to April 14, 2003, and that are not new sources, must seek NPDES permit coverage, 
from    April 13, 2006, to July 31, 2007.  Finally, USEPA extended the deadline by which CAFOs are required to 
develop and implement NMPs, from December 31, 2006, to July 31, 2007.  This rule revised all references to the 
date by which NMPs must be developed and implemented currently in the 2003 CAFO rule. 
This rule is effective as of February 10, 2006. 
For further information contact Kawana Cohen, Water Permits Division, Office of Wastewater Management 
(4203M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone 
number: (202) 564-2345, e-mail address: cohen.kawana@epa.gov. 
 
United States Environmental Protection Agency Adopts New Source Performance Standards Under the 
Clean Air Act for Electric Utility Steam Generating Units, Industrial-Commercial-Institutional Steam 
Generating Units, Small Industrial-Commercial-Institutional Steam Generating Units 
On February 27, 2006 (71 Fed. Reg. 9865) the United States Environmental Protection Agency (USEPA) adopted 
new source performance standards (NSPS) for electric utility steam generating units for which construction is 
commenced after September 18, 1978; standards of performance for industrial-commercial-institutional steam 
generating units; and standards of performance for small industrial-commercial-institutional steam generating units. 
In this rulemaking, USEPA reviewed the emission standards for nitrogen oxides (NOx), sulfur dioxide (SO2), and 
 particulate matter (PM) contained in the new source performance standards (NSPS) for electric utility steam 
generating units and industrial-commercial-institutional steam generating units and proposed amendments to 40 
CFR Part 60, subparts Da, Db, and Dc, on February 28, 2005 (70 Fed. Reg. 9705).  The adopted amendments reflect 
USEPA’s responses to issues raised by commenters, and promulgate the amended standards of performance. 
The final rule amendments revise the existing standards for 
a)       PM emissions by reducing the numerical emission limits for both utility and industrial-commercial-
institutional steam generating units; 
b)  NOx emissions by reducing the numerical emission limits for utility steam generating units; and  
c) SO2 emissions for both electric utility and industrial-commercial-institutional steam generating units. 
The SO2 numerical standard for electric utility steam generating units has been reduced, and the maximum percent 
reduction requirement has been increased.  An SO2 numerical standard has been added for units presently subject to 
the NSPS and new industrial-commercial-institutional steam generating units, and the maximum percent reduction 
requirement for new units has been increased.  Both utility and industrial steam generating units can either meet a 
numerical limit or demonstrate a percent reduction.  Additionally, USEPA made several technical clarifications and 
compliance alternatives to the existing provisions of the current rules. 
The final rule amendments are effective on February 27, 2006. 
For further information contact Mr. Christian Fellner, Energy Strategies Group, Sector Policies and Programs 
 Division (C439-01), U.S. EPA, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-4003; 
e-mail fellner.christian@epa.gov 
If any amendments to the Illinois air rules become necessary, the Board would expect the Illinois Environmental 
Protection Agency to propose amendments using the Clean Air Act “fast-track” procedures at Section 28.5 of the 
Environmental Protection Act (415 ILCS 5/28.5 (2004)). 
Appellate Update 
Petition for Leave to Appeal Filed in Illinois Supreme Court Seeking Review of Third District Decision 
Affirming Board Order Upholding Permit Modification Denial in United Disposal of Bradley, Inc. & 
Municipal Trust & Savings Bank v. IPCB and IEPA
, 
No. 102168 (filed February 17, 2006) (PCB 03-235) 
On February 17, 2006, United Disposal of Bradley, Inc. filed a petition for leave to appeal (PLA) to the Illinois 
Supreme Court.  United Disposal of Bradley, Inc. & Municipal Trust & Savings Bank v. IPCB and IEPA, No. 
102168 (filed February 17, 2006).  The PLA seeks review of the January 13, 2006 decision of the Third District 
Environmental Register – February 2006 
3 
Appellate Court affirming the Board's order 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 parties now await the Supreme Court’s decision granting or denying the PLA. 
A complete summary of the Board and appellate decisions appeared in 
Environmental Register
 No. 619, pp. 4-5 
(January 2006).  In brief, the case involves the permit for the waste transfer station operated in the Village of 
Bradley, Kankakee County by United Disposal of Bradley, Inc.  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). 
 
Rule Update
 
Board Adopts Supplementary 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) (cons.) 
On February 2, 2006, the Board adopted a supplementary final 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) (cons.).  The supplementary order adopted minor, non-substantive changes to the final rules 
 adopted by the Board on January 5, 2006.  The changes were prompted by suggestions from the Joint Committee on 
Administrative Rules (JCAR) that were received by the Board on January 11, 2006.  The final rules were filed with 
the Secretary of State’s Index department with a February 23, 2006 effective date and will be published in the 
Illinois Register
 on March 10, 2006. 
This identical-in-substance rulemaking consisted of three separate consolidated dockets and adopted 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.  For a more complete 
description of the amendments adopted in this docket see 
Environmental Register 
No
.
 619, pp.10-12 (January 
2006). 
Copies of the Board’s opinion and order in R06-5/R06-6/R06-7) (cons.) 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 Accepts IEPA Proposal for Hearing in NOx Trading Program:  Amendments to 35 Ill. Adm. Code 
Part 217 (R06-22) 
On February 2, 2006, the Board accepted for hearing a proposal in NOx Trading Program:  Amendments to 35 Ill. 
 Adm. Code Part 217 (R06-22).  The proposal, filed by the Illinois Environmental Protection Agency (IEPA) on 
January 19, 2006, seeks to amend the Board’s regulations governing nitrogen oxide (NOx) emissions found at 35 Ill. 
Adm. Code Part 217, Subparts A, T, U, and W. 
The IEPA’s proposal reflects recent amendments made by the United States Environmental Protection Agency 
(USEPA) to the Code of Federal Regulations (C.F.R.) concerning several test methods and procedures, and by the 
Illinois General Assembly to Section 9.9 of the Act concerning the sale of NOx allowances and the repeal of the 
stay provisions.  The IEPA stated that it is proposing amendments intended to ensure that the NOx budgets for both 
the Electrical Generating Units (EGU) and the non-EGUs are not reduced by low-emitters in a way that was not 
anticipated at the time the rules were originally adopted by the Board.  Finally, the proposal contains amendments 
Environmental Register – February 2006 
4 
intended to clarify the dates and timing of allocations designed to simplify the administration of the NOx Trading 
Program.  The IEPA asserted in its statement of reasons that this proposal does not change the emission limits or 
require new control devices on affected sources. 
Copies of the Board’s opinion and order in R06-22 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.  The text of the IEPA proposal and 
statement of reasons is not included in the Board’s February 2, 2006 opinion and order, but may be downloaded 
 from the Board’s Web site. 
The Board is in the process of scheduling hearings concerning this proposal. 
For additional information contact John Knittle at 217-278-3111; e-mail address knittlej@ipcb.state.il.us. 
 
Board Adopts IEPA Proposal for Hearing in Standards and Requirements for Potable Water Well Surveys 
and for Community Relations Activities Performed in Conjunction With Agency Notices of Threats From 
Contamination (35 Ill. Adm. Code 1505) (R06-23) 
On February 2, 2006, the Board accepted a proposal for hearing in Standards and Requirements for Potable Water 
Well Surveys and for Community Relations Activities Performed in Conjunction With Agency Notices of Threats 
From Contamination (35 Ill. Adm. Code 1505) (R06-23).  The proposal, filed by the Illinois Environmental 
Protection Agency (IEPA) on January 20, 2006, seeks to add a new Part 1505 to the Board’s regulations setting 
standards and requirements for potable water well surveys and for community relations activities, where 
appropriate, in response to impacts or threats from contamination.  As explained in more detail below, because the 
Board must adopt final rules at its September 1, 2006 meeting, the Board must adopt a first notice order no later 
than April 20, 2006.  The Board has scheduled one pre-first notice hearing for March 23, 2006, in Chicago, and a 
second hearing for discussion of the first notice proposal adopted by the Board on May 23, 2006, in Springfield. 
The IEPA proposal is required by Public Act 94-314, which, among other things, added a new Title VI-D (“Right-
To-Know”) to the Environmental Protection Act (Act).  415 ILCS 5/25d-1 - 25d-10 (as added by P.A. 94-314, eff. 
 July 25, 2005).  New Section 25d-7 required the IEPA, within 180 days of the section’s effective date, to “evaluate 
the Pollution Control Board’s rules and propose amendments to the rules as necessary to require potable water 
supply well surveys and community relations activities where such surveys and activities are appropriate in 
response to releases of contaminants that have impacted or may impact offsite potable water supply wells.” 
Public Act 94-314 mandates the Board to “amend its rules as necessary to require potable water supply well surveys 
and community relations activities where such surveys and activities are appropriate in response to releases of 
contaminants that have impacted or that may impact offsite potable water supply wells.”  415 ILCS 5/25d-7 (
as 
added by P.A. 94-314, eff. July 25, 2005
). 
The Board must adopt rules within 240 days of the effective date of P.A. 94-314, or no later than September 17, 
2006. 
The proposed new Part 1505 is divided into three subparts.  Subpart A contains general information pertinent to the 
entire Part.  Subpart B sets forth well survey procedures, as well as minimum standards for the performance and 
documentation of surveys during site investigations.  The well survey rules apply to response actions taken pursuant 
to Board rules requiring that a release of contaminants be addressed.  The IEPA emphasized that Subpart B does not 
contain independent requirements to perform well surveys.  Rather, when well surveys are required under the 
applicable Board rules, Subpart B requires compliance with the Subpart B minimum standards and requirements for 
 those wells surveys. 
Under Public Act 94-314, the IEPA must also provide notice of “effects or potential effects of soil and groundwater 
contamination” to certain members of the public in specified circumstances.  Contamination may include, for 
example, a hazardous substance, pesticide, or petroleum.  Subpart C of the rules sets forth two alternative levels of 
community relations activities depending on the severity of the offsite impacts.  Subpart C also establishes 
requirements for document repositories if applicable, fact sheets and community relations plans, and implementing 
community relations activities, compliance, and compliance monitoring. 
In this rulemaking, the IEPA has proposed minimum standards and requirements for community relations activities.  
The proposed rules would apply when the IEPA has authorized the responsible party to provide notice as part of 
Environmental Register – February 2006 
5 
community relations activities approved by the IEPA.  The stated purpose of these requirements is to fully inform 
the public in a timely manner about offsite impacts or potential impacts from contamination and the responses to 
those impacts. 
The IEPA explains that the legislation as a whole involves the public's right to know about certain offsite effects or 
potential effects of soil and groundwater contamination as set forth in the Act's new Title VI-D: Right-To-Know.  
415 ILCS 5/25d-1 - 25d-10.  IEPA’s proposal is based on an interpretation of Section 25d-7 as limited by Section 
25d-3 (requiring IEPA to provide notice of contamination threats to certain members of the public in specified 
 instances).  IEPA’s statement of reasons said the proposal is a “voluntary approach to community relations activities 
and to keep the emphasis on the Agency notice obligations under Section 25d-3.”  IEPA notes that it had only 180 
days to develop a proposal, and that the approach taken in the proposal submitted to the Board “has been developed 
just recently in response to its outreach efforts.”  IEPA has had no meetings on this proposal and because IEPA “has 
made this substantial and late change of direction to its proposal, there has not been sufficient time to meet 
further...[IEPA] cannot at this time represent that there is any level of concurrence by interested parties on the 
overall concepts guiding the proposal." 
Under these circumstances, the Board found it advisable to schedule the March 28, 2006 pre-first notice hearing.  
Following a short comment period, the Board expects to adopt a first notice order April 20, 2006.  Another hearing 
is set for May 23, 2006, in Springfield. 
Copies of the Board’s opinion and order in R06-23 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.  The text of the IEPA proposal and 
statement of reasons is not included in the Board’s February 2, 2006 opinion and order, but may be downloaded 
from the Board’s Web site. 
For additional information contact Amy Antoniolli at 312-814-3665; e-mail address antonia@ipcb.state.il.us 
 
Board Adopts Final Amendments in Revisions to Radium Water Quality Standards: Proposed New 35 Ill. 
Adm. Code 302.307 and Amendments to 35 Ill. Adm. Code 302.207 and 302.525 (R04-21) 
On February 16, 2006, the Board adopted a final opinion and order in Revisions to Radium Water Quality 
Standards: Proposed New 35 Ill. Adm. Code 302.307 and Amendments to 35 Ill. Adm. Code 302.207 and 302.525 
(R04-21).  The final amendments were filed with the Secretary of State’s Index department with a March 1, 2006 
effective date, and will be published in the 
Illinois Register
 on March 17, 2006. 
The Board will not repeat the extensive history of this docket here.  The Board adopted its second notice order on 
December 15, 2005.  As is summarized in the Environmental Register No. 618, p. 5 (December 2005), the Board 
made significant changes to the first notice proposal that was adopted by the Board on April 7, 2005 and published 
in the Illinois Register on April 29, 2005 at 29 Ill. Reg. 5873.  The Joint Committee on Administrative Rules 
considered the rules at its January 18, 2006 meeting, and voted a certificate of no objection. 
The Board’s February 16, 2006 final opinion and order amended the general use water quality standard for 
combined radium 226 and 228.  The amended standard applies to all general use waters of the State, including the 
Lake Michigan Basin and stream segments that receive discharge from publicly owned treatment works (POTWs). 
The Board set a standard of 3.75 pico curies per Liter (pCi/L) for combined radium 226 and 228, as an annual 
average value, rather than as an instantaneous maximum standard.  Therefore, while the concentration of radium 
226 and 228 combined may be higher than 3.75 pCi/L at times due to environmental conditions, the Board 
 concluded that the water body will still meet the standard as long as the concentration averaged over the period of a 
year remains at or below 3.75 pCi/L.  Determining compliance in this way will provide relief to POTWs while more 
precisely tailoring the standard to meet the Board’s goal of protecting riparian mammals. 
Additionally, the Board adopted a 5pCi/L combined radium 226 and 228 standard for Public and Food Processing 
Water Supplies as an instantaneous maximum standard for public and food processing water supply intakes.  The 
Board determined that the proposed water quality standard expressed as an annual average provides relief for the 
majority of POTWs, while also protecting the most sensitive use of general use waters. 
Finally, the Board also adopted a Public and Food Processing Water Supply standard of 5 pCi/L combined radium 
226 and 228 to ensure that public water supplies meet the Federal drinking water maximum contaminant level for 
radium. 
Environmental Register – February 2006 
6 
Copies of the Board’s opinion and order in R04-21 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 Amy Antoniolli at 312/ 814-3665; email address antonioa@ipcb.state.il.us. 
 
Board Adopts Final Notice Opinion and Order 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/R04-23 A (cons.)). 
On February 16, 2006, the Board adopted a final opinion and order 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/R04-23 A (cons.)).  The Joint 
Committee on Administrative Rules (JCAR) considered the Board’s December 1, 2005 second notice proposal at its 
January 18, 2005 meeting, and voted a certificate of no objection along with a recommendation.  The Board filed 
the adopted rules with the Secretary of State’s Index department with a March 1, 2006 effective date.  The final 
rules will be published in the 
Illinois Register
 on March 17, 2006. 
In its December 1, 2005 opinion and order, the Board split the original docket.  In Docket A, the Board sent rules to 
the JCAR for their second notice review.  In Docket B, the Board proposes to give issues regarding “scope of 
work”.  (This is explained in more detail in 
Environmental Register
 No. 618, pp.2-4 (December 2005).) 
In its February 16, 2006 Docket A order, the Board adopted some rules as final, while agreeing to give some issues 
further consideration in response to the JCAR recommendation.  The adopted amendments differ from the first 
notice proposal in one major aspect.  That difference is in the rule for handling of reimbursement of professional 
consulting services, which the Board amended in response to public comment at second notice to allow for 
reimbursement on a time and materials basis.  In response to a recommendation from JCAR, the Board also stated in 
 the final opinion and order that it will continue to review issues associated with Section 732.606(ddd) and (eee) in 
subdocket B.  A hearing is scheduled in subdocket B for March 23, 2006 in Springfield.  For a more complete 
description of the changes made at second notice, and the Board’s decision to open subdocket B, see the December 
issue of the 
Environmental Register
 (pg. 2) 
The adopted amendments allow for reimbursement of handling charges for a subcontractor if the primary contractor 
has a financial interest in the subcontractor, removed professional services from eligibility for bidding, added an 
additional member - appointed by members of Professionals of Illinois for the Protection of the Environment (PIPE) 
- to the LUST advisory committee, deleted the requirement that engineers or geologists maintain records to be 
available for an IEPA audit (that requirement is now limited to the maintenance of records by the owner or 
operator), and added a requirement for the Board to publish the results of the IEPA’s triennial review of 
reimbursement rates in the Board’s publication, the 
Environmental Register.
 
The adopted amendments set forth corrective action measures that must be taken in response to a leak and 
procedures for seeking payment from the Underground Storage Tank Fund (UST Fund), and reflect changes from 
P.A. 92-0554, effective June 24, 2002 and P.A. 92-0735, effective July 25, 2003, which allow a Licensed 
Professional Geologist to certify certain information.  The rules are designed to streamline the process for obtaining 
 payment from the UST Fund.  The streamlining will be accomplished by specifying maximum amounts that will be 
reimbursed for remediation activities. 
Copies of the Board’s opinion and order in R04-22/23 Docket A 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 Setback Zone for City of Marquette Heights Community 
Water Supply, New 35 Ill. Adm. Code 618 (R05-09) 
On February 16, 2006, the Board adopted a second notice opinion and order in Setback Zone for City of Marquette 
Heights Community Water Supply, New 35 Ill. Adm. Code 618 (R05-09).  The proposal seeks to add a new Part 
618 to establish an expanded setback zone of up to 1,000 feet to provide additional protection for the community 
water supply (CWS) wells of the City of Marquette Heights, in Tazewell County.  The Board did not receive any 
Environmental Register – February 2006 
7 
comments on, or make any changes to, its first notice proposal, adopted November 17, 2005 and published in the 
Illinois Register
 on December 2, 2005 at 29 Ill. Reg. 19503.  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 its review at the April 11, 2006 JCAR meeting. 
This proposal is the first of its kind under Section 14.3 of the Environmental Protection Act (Act) (415 ILCS 5/14.3 
(2004)), which allows for the establishment of “maximum setback zones” to prevent contamination of particularly 
vulnerable groundwater sources used by CWS.  A setback zone restricts land use near the CWS well, providing a 
buffer between the well and potential sources or routes of contamination. 
After reviewing the proposal and public hearing record, the Board found that expanding the zone of wellhead 
protection is justified, as Section 14.3(d) of the Act requires.  The City of Marquette Heights adopted a resolution 
on March 22, 2004, requesting that the Illinois Environmental Protection Agency (IEPA) propose a rule to the 
Board that would increase the setback zone around the Marquette Heights CWS wells.  Marquette Heights has two 
CWS wells, both of which are located outside of the city limits of Marquette Heights in North Pekin, Tazewell 
County.  The wells have an estimated average daily pumpage from the groundwater source of 240,000 gallons per 
day, supplying approximately 3,200 persons directly.  Marquette Heights’ water system has approximately 1,064 
service connections within the corporate limits and another 56 service connections in an area of anticipated future 
expansion east of the City.  Based on various assessments, including groundwater flow and recharge area modeling, 
the IEPA concluded that the current minimum setback zones did not adequately protect the Marquette Heights CWS 
wells, and that the groundwater source is “highly vulnerable.” 
In proposed Subpart A of Part 618, there are general provisions for maximum setback zones, including definitions.  
 Subpart A’s provisions will apply to all maximum setback zones established in Illinois through Board rulemaking. 
Proposed Subpart B of Part 618 contains rules specific to the Marquette Heights CWS wells.  Section 618.Appendix 
A is a map that delineates the irregularly-shaped boundaries of the proposed maximum setback zone relative to local 
land use plats.  The distance from each wellhead to the proposed setback boundaries varies from approximately 600 
to 1,000 feet.  The appendix also lists identification numbers of parcels that are located wholly or partially within 
the proposed maximum setback. 
The proposed Subpart B rules also provide that:  (1) certain activities within the setback are banned; and (2) other 
activities within the setback are subject to management and control standards.  “New potential primary sources” of 
groundwater contamination are prohibited from locating wholly or partially within the Marquette Heights expanded 
setback.  Examples of potential primary sources can include a unit at a facility (1) used to treat, store, or dispose of 
any hazardous or special waste not generated at the site, (2) used to dispose of municipal waste not generated at the 
site, other than landscape waste and construction and demolition debris, (3) used to landfill, land treat, surface 
impound or pile any hazardous or special waste that is generated on the site or at other sites owned, controlled or 
operated by the same person, or (4) that stores or accumulates at any time more than 75,000 pounds above ground, 
or more than 7,500 pounds below ground, of any hazardous substances. 
Subpart B also specifies that the Board’s Part 615 or Part 616 management and control standards (35 Ill. Adm. Code 
 615 and 616) apply to those new or existing activities that are regulated by Part 615 or Part 616 and located wholly 
or partially within the expanded Marquette Heights setback.  These activities may include on-site landfills, on-site 
land treatment units, on-site surface impoundments, on-site waste piles, underground storage tanks, pesticide 
storage and handling units, fertilizer storage and handling units, road oil storage and handling units, and de-icing 
agent storage and handling units.  The proposed rules make clear, however, that agrichemical facilities that 
affirmatively opt out of Part 615 or Part 616 are regulated instead under other rules.  Part 615 (Existing Activities in 
a Setback Zone or Regulated Recharge Area) and Part 616 (New Activities in a Setback Zone or Regulated 
Recharge Area) contain groundwater monitoring, design, inspection, operating, closure, and post-closure 
requirements that apply within setback zones, and so will apply automatically in the Marquette Heights maximum 
setback zone on the effective date of this new Part. 
Copies of the Board’s opinion and order in R05-9 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 Richard at 312/ 814-6983; email address mcgillr@ipcb.state.il.us. 
 
Environmental Register – February 2006 
8 
Board Actions
 
 
February 2, 2006 
Via Videoconfernece 
Chicago and Springfield, Illinois 
 
Rulemakings 
R06-5 
R06-6 
R06-7 
(cons.) 
In the Matter of:  UIC Corrections, USEPA Amendments (January 1, 2005 
through June 30, 2005) ;In the Matter of RCRA Subtitle D Update, USEPA 
Amendments (January 1, 2005 through June 30, 2005 and August 1, 2005); In 
the Matter of RCRA Subtitle C Update, USEPA Amendments (January 1, 2005 
through June 30, 2005 and August 1, 2005) – The Board adopted a final 
supplemental opinion and order in this consolidated “identical-in-substance” 
rulemaking which amends the Board’s underground injection control, municipal 
solid waste landfill, and hazardous waste regulations.  This details changes the 
Board made in response to a request by the Joint Committee on Administrative 
Rules received after issuance of the Board’s January 5, 2005 opinion and order in 
this matter. 
 
4-0 
R, Land 
R06-22              In the Matter of:  NOx Trading Program:  Amendments to 35 Ill. Adm. Code Part 
217 – The Board accepted for hearing the Illinois Environmental Protection 
Agency’s (IEPA) January 19, 2006 proposal to amend the Board’s air pollution 
control regulations.  The Board also granted of petitioner’s request to waive 
filing requirements, but directed the IEPA to file additional copies of certain 
documents. 
 
4-0 
R, Air 
R06-23              In the Matter of:  Standards and Requirements for Potable Water Well Surveys 
and for Community Relations Activities Performed in Conjunction with Agency 
Notices of Threats from Contamination Under PA 94-134:  New 35 Ill. Adm. 
Code Part 1505 – The Board accepted for hearing the Illinois Environmental 
Protection Agency’s (IEPA) January 20, 2006 proposal to amend the Board’s 
land pollution control regulations.  The Board also granted of petitioner’s 
January 30, 2006 motion to refile the entire statement of reasons. 
 
4-0 
R, Land 
 
Administrative Citations 
AC 05-54           IEPA v. Logsdon Sand and Gravel and M.K. O’Hara Construction, Inc. – In this 
administrative citation involving a Cass County site, the Board granted 
complainant’s motion to dismiss respondent Logsdon Sand and Gravel and found 
that the remaining respondent M.K. O’Hara Construction, Inc. had violated 
Sections 21(p)(1), (p)(4) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(4), 
(p)(7) (2004)), and ordered respondent to pay a civil penalty of $4,500. 
4-0 
 
Environmental Register – February 2006 
9 
Decisions 
PCB 05-66          People of the State of Illinois v. Petco Petroleum Corporation – In this water 
enforcement action concerning a Fayette 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 
$135,000, and to cease and desist from further violations. 
 
4-0 
W-E 
PCB 05-215 
 
 
 
 
 
 
 
PCB 06-103 
People of the State of Illinois v. First Rockford Group, Inc., Village of Cherry 
Valley, and Schlichting & Sons Excavating, Inc. – In this public water supply 
enforcement action concerning a Winnebago 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 Village of Cherry Valley (Cherry Valley), and 
ordered Cherry Valley to pay a total civil penalty of $14,500, and to cease and 
desist from further violations.  The Board granted complainant’s motion to 
consolidate this enforcement action with PCB 06-103. 
People of the State of Illinois v. First Rockford Group, Inc. – The Board granted 
complainant’s motion to consolidate this enforcement action with PCB 05-215.  
This will be reflected in the caption of future orders. 
 
4-0 
PWS-E 
PCB 06-36          People of the State of Illinois v. Magellan Pipeline Company, L.P. – In this land 
enforcement action concerning a Lee 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 
$18,000, and to cease and desist from further violations. 
4-0 
L-E 
 
Motions and Other Matters 
PCB 03-54 
PCB 03-56 
PCB 03-105 
PCB 03-179 
PCB 04-2 
(cons.) 
 
Freedom Oil Company v. IEPA – The Board took the following action in these 
consolidated petitions for review; denied Freedom Oil’s motion for default 
judgment or, alternatively, to bar Illinois Environmental Protection Agency 
(IEPA) evidence:  denied the IEPA’s motion to strike Exhibit 17 of, and 
references to that exhibit in, Freedom Oil’s motion for summary judgment: 
granted Freedom Oil’s motion for summary judgment in part and denied it in 
part; and granted the IEPA’s counter-motion for summary judgment in part and 
denied it in part.  The Board directed the parties to hearing on the remaining 
issues. 
 
4-0 
UST Appeal 
 
PCB 05-193         Vernon and Elaine Zohfeld v. Robert Drake, Wabash Valley Service Company, 
Michael J. Pfister, Noah D. Horton and Steve Kinder – The Board denied 
respondents’ motion for stay of the proceedings.  The Board also denied 
complainants’ motion to strike respondents’ reply to the response to the motion 
for stay. 
 
4-0 
Citizens A-E 
PPCB 05-204        People of the State of Illinois v. Lake Street Development L.L.C. – 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 
4-0 
W-E, NPDES 
Environmental Register – February 2006 
10 
involving a Lake County facility, the Board ordered publication of the required 
newspaper notice. 
 
PCB 06-15           People of the State of Illinois v. Illinois-American Water Company – Upon 
receipt of a proposed stipulation and settlement agreement and an agreed motion 
to request relief from the hearing requirement in this public water supply 
enforcement action involving a Will County facility, the Board ordered 
publication of the required newspaper notice. 
 
4-0 
PWS-E 
PCB 06-42           People of the State of Illinois v. Waste Management of Illinois, Inc. – Upon 
receipt of a proposed stipulation and settlement agreement and an agreed motion 
to request relief from the hearing requirement in this land enforcement action 
involving a Whiteside County facility, the Board ordered publication of the 
required newspaper notice. 
 
4-0 
L-E 
PCB 06-46           People of the State of Illinois v. Osborn Homes, Inc. – The Board granted the 
parties’ joint motion to change name of respondent to Osborn Development 
Company. 
 
4-0 
L-E 
PCB 06-111         Marathon Ashland Petroleum, L.L.C. (Reformulated Gasoline – Blending 
Process) (Property Identification No. 51-34-1-21 or portion thereof) v. IEPA – 
Because the Board did not receive any petition for review of the Illinois 
Environmental Protection Agency’s (IEPA’s) recommendation to deny 
 certification, consistent with the IEPA’s recommendation, the Board declined to 
certify that certain Marathon Ashland Petroleum, L.L.C. facilities are pollution 
control facilities and dismissed this matter. 
 
4-0 
T-C 
PCB 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 – Because the Board did not receive any 
petition for review of the Illinois Environmental Protection Agency’s (IEPA’s) 
recommendation to deny certification, consistent with the IEPA’s 
recommendation, the Board declined to certify that certain Marathon Ashland 
Petroleum, L.L.C. facilities are pollution control facilities and dismissed this 
matter. 
 
4-0 
T-C 
PCB 06-113         Marathon Ashland Petroleum, L.L.C. (Reverse Osmosis Degasifier Unit) 
(Property Identification Number 51-34-1-21 or portion thereof) v. IEPA – 
Because the Board did not receive any petition for review of the Illinois 
Environmental Protection Agency’s recommendation to deny certification, 
consistent with the IEPA’s recommendation, the Board declined to certify that 
certain Marathon Ashland Petroleum, L.L.C. facilities are pollution control 
facilities and dismissed this matter. 
 
4-0 
T-C 
PCB 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 
– Because the Board did not receive any petition for review of the Illinois 
Environmental Protection Agency’s recommendation to deny certification, 
4-0 
T-C 
Environmental Register – February 2006 
11 
consistent with the IEPA’s recommendation, the Board declined to certify that 
certain Marathon Ashland Petroleum, L.L.C. facilities are pollution control 
facilities and dismissed this matter. 
 
PCB 06-124 
PCB 06-127 
(cons.) 
Prairie Rivers Network and Sierra Club v. IEPA and Prairie State Generating 
Company, L.L.C.; American Bottom Conservancy and Dale Wojtkowski v. 
IEPA and Prairie State Generating Company, L.L.C. – The Board granted W.C. 
Blanton and Alison Nelson leave to appear 
pro hac vice 
on behalf of the 
respondent generating company. 
 
4-0 
P-A, Water 
PCB 06-131         Wesley Brazas, Jr. v. Mr. Jeff Magnussen, President Village of Hampshire and 
IEPA – The Board ordered petitioner to file an amended petition to cure noted 
deficiencies postmarked on or before February 17, 2006, or the matter would 
subject to dismissal. 
 
4-0 
P-A, NPDES 
 
PCB 06-132         People of the State of Illinois v. Lake Pointe Estates L.L.C. – The Board 
accepted for hearing this land enforcement action involving a site located in 
Sangamon County. 
 
4-0 
L-E 
PCB 06-133         People of the State of Illinois v. City of Flora – Upon receipt of a proposed 
 stipulation and settlement agreement and an agreed motion to request relief from 
the hearing requirement in this land and water enforcement action involving a 
Clay County facility, the Board ordered publication of the required newspaper 
notice. 
 
4-0 
L, W-E 
PCB 06-134         People of the State of Illinois v. Village of Hainesville – Upon receipt of a 
proposed stipulation and settlement agreement and an agreed motion to request 
relief from the hearing requirement in this public water supply enforcement 
action involving a Lake County facility, the Board ordered publication of the 
required newspaper notice. 
4-0 
PWS-E 
 
 
February 16, 2006 
Chicago, Illinois 
 
Rulemakings 
R04-21              In the Matter of:  Revisions to Radium Water Quality Standards:  Proposed New 
35 Ill. Adm. Code 302.307 and Amendments to 35 Ill. Adm. Code 302.207 and 
302.525 – The Board adopted a final opinion and order in this rulemaking which 
amends the Board’s water quality standards. 
 
4-0 
R, Water 
Environmental Register – February 2006 
12 
 
R04-22(A) 
R04-23(A) 
(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 adopted a final opinion and order in this 
rulemaking which amends the Board’s land pollution control regulations. 
 
4-0 
R, Land 
R05-9               In the Matter of Setback Zone for City of Marquette Heights Community Water 
Supply, New 35 Ill. Adm. Code 618 – The Board adopted a second notice 
opinion and order in this site-specific rulemaking to amend the Board’s public 
water supply regulations, as requested. 
4-0 
R, PWS 
 
Administrative Citations 
AC 04-77           IEPA v. Frank Bencie – The Board entered an interim opinion and order finding 
respondent violated Sections 21(p)(1) and (p)(4) of the Act (415 ILCS 
5/21(p)(1), (p)(4) (2004)) and assessing a penalty of $3,000.  The Board ordered 
the Clerk of the Board and the Illinois Environmental Protection Agency to file 
within 14 days a statement of hearing costs, supported by affidavit, with service 
on respondent.  Respondent may respond to the cost statement within 14 days of 
service. 
 
4-0 
AC 06-20           IEPA v. Georgia Shank and Steve Shank – The Board directed respondent 
Georgia Shank to file an amended petition for review specifying the grounds for 
appeal within 30 days, or the Board will dismiss this matter.  The Board noted 
that Steve Shank had not filed a petition for review. 
 
4-0 
AC 06-21           County of Jackson v. Dan Kimmel – The Board directed respondent to file an 
amended petition for review specifying the grounds for appeal within 30 days, or 
the Board will dismiss this matter. 
4-0 
 
Decisions 
PCB 04-201         People of the State of Illinois v. Southern Illinois Power Cooperative – In this air 
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 respondent to pay a total civil penalty of 
$48,000, and to cease and desist from further violations. 
 
4-0 
A-E 
PCB 05-201         People of the State of Illinois v. Illinois Tool Works, Inc. – 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 respondent to pay a total civil penalty of 
$17,500, and to cease and desist from further violations. 
 
4-0 
A-E 
PCB 05-207         People of the State of Illinois v. Precision Twist Drill Co. – In this air                         4-0 
Environmental Register – February 2006 
13 
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 
 $30,500, and to cease and desist from further violations. 
A-E 
 
Motions and Other Matters 
PCB 03-191         People of the State of Illinois v. Community Landfill Company, Inc. and the City 
of Morris – The Board granted Community Landfill Corporation’s motion to 
strike the requests for an interim remedy from the complainant’s motion for 
summary judgment.  The Board granted the complainant’s motion for summary 
judgment in part, finding that Community Landfill Corporation and the City of 
Morris violated Section 21(d)(2) of the Act (415 ILCS 5/21(d)(2) (2004)), and 
Sections 811.700(f) and 811.712(b) of the Board’s regulations.  35 Ill. Adm. 
Code 811.700(f), 811.712(b).   Finally, the Board denied the City of Morris’ 
counter motion for summary judgment and directed the parties to hearing on the 
specific issue of remedy. 
 
4-0 
L-E 
PCB 04-47          Saint-Gobain Containers, Inc. v. IEPA  – The Board granted petitioner’s motion 
to stay proceedings until the Board orders otherwise. 
 
4-0 
P-A, Air 
PCB 04-137         People of the State of Illinois v. Robinson Carbon, Inc. – The Board granted 
complainant’s motion for leave to file and accepted for hearing a first amended 
complaint. 
 
4-0 
A-E 
PCB 05-77          Wiseman/PJ’s Shortstop v. IEPA – The Board granted this Edgar County 
facility’s motion for voluntary dismissal of this underground storage tank appeal. 
 
4-0 
UST Appeal 
 
PCB 05-91          People of the State of Illinois v. Clean Harbors Services, 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 05-97          Henson Oil Co. v. EPA – The Board granted this McLean County facility’s 
motion for voluntary dismissal of this underground storage tank appeal. 
 
4-0 
UST Appeal 
 
PCB 05-124         Mac’s Convenience Stores L.L.C. v. IEPA – The Board granted this Sangamon 
County facility’s motion for voluntary dismissal of this underground storage tank 
appeal. 
 
4-0 
UST Appeal 
 
PCB 06-45           People of the State of Illinois v. Ecolab, Inc. and Charles A. Winslett – Upon 
receipt of a proposed stipulation and settlement agreement and an agreed motion 
to request relief from the hearing requirement in this land and water enforcement 
action involving a Tazewell County facility, the Board ordered publication of the 
required newspaper notice. 
4-0 
L&W-E 
Environmental Register – February 2006 
14 
PCB 06-56           Midwest Generation, L.L.C., Crawford Generating Station v. IEPA – The Board 
found that the Illinois Administrative Procedure Act (5 ILCS 100/10-65(b) 
(2004)) automatic stay provision applies in this CAAPP permit appeal involving 
a Cook County facility.  Respondent’s motion for leave to file the administrative 
record on compact disks was granted in part.  The Board granted the 
respondent’s motion for additional time to file the record and directed the 
hearing officer to set the record-filing deadline after consulting with the parties. 
 
4-0 
P-A, Air 
PCB 06-57           Midwest Generation, L.L.C., Fisk Generating Station v. IEPA – The Board 
found that the Illinois Administrative Procedure Act (5 ILCS 100/10-65(b) 
(2004)) automatic stay provision applies in this CAAPP permit appeal involving 
a Cook County facility.  Respondent’s motion for leave to file the administrative 
record on compact disks was granted in part.  The Board granted the 
respondent’s motion for additional time to file the record and directed the 
hearing officer to set the record-filing deadline after consulting with the parties. 
 
4-0 
P-A, Air 
PCB 06-58           Midwest Generation, L.L.C., Joliet Generating Station v. IEPA – The Board 
found that the Illinois Administrative Procedure Act  (5 ILCS 100/10-65(b) 
(2004)) automatic stay provision applies in this CAAPP permit appeal involving 
a Will County facility.  Respondent’s motion for leave to file the administrative 
record on compact disks was granted in part.  The Board granted the 
respondent’s motion for additional time to file the record and directed the 
hearing officer to set the record-filing deadline after consulting with the parties. 
 
4-0 
P-A, Air 
PCB 06-59           Midwest Generation, L.L.C., Powerton Generating Station v. IEPA – The Board 
found that the Illinois Administrative Procedure Act  (5 ILCS 100/10-65(b) 
(2004)) automatic stay provision applies in this CAAPP permit appeal involving 
a Tazewell County facility.  Respondent’s motion for leave to file the 
administrative record on compact disks was granted in part.  The Board granted 
the respondent’s motion for additional time to file the record and directed the 
hearing officer to set the record-filing deadline after consulting with the parties. 
 
4-0 
P-A, Air 
PCB 06-60           Midwest Generation, L.L.C., Will County Generating Station v. IEPA – The 
Board found that the Illinois Administrative Procedure Act ((5 ILCS 100/10-
65(b) (2004)) automatic stay provision applies in this CAAPP permit appeal 
involving a Will County facility.  Respondent’s motion for leave to file the 
administrative record on compact disks was granted in part.  The Board granted 
the respondent’s motion for additional time to file the record and directed the 
hearing officer to set the record-filing deadline after consulting with the parties. 
 
4-0 
P-A, Air 
PCB 06-61           Southern Illinois Power Cooperative v. IEPA – The Board found that the Illinois 
Administrative Procedure Act  (5 ILCS 100/10-65(b) (2004)) automatic stay 
provision applies in this CAAPP permit appeal involving a Williamson County 
facility.  Respondent’s motion for leave to file the administrative record on 
 compact disks was granted in part.  The Board granted the respondent’s motion 
for additional time to file the record and directed the hearing officer to set the 
record-filing deadline after consulting with the parties. 
 
4-0 
P-A, Air 
Environmental Register – February 2006 
15 
 
PCB 06-62           Kincaid Generation, L.L.C. v. IEPA – The Board found that the Illinois 
Administrative Procedure Act  (5 ILCS 100/10-65(b) (2004)) automatic stay 
provision applies in this CAAPP permit appeal involving a Christian County 
facility.  Respondent’s motion for leave to file the administrative record on 
compact disks was granted in part.  The Board granted the respondent’s motion 
for additional time to file the record and directed the hearing officer to set the 
record-filing deadline after consulting with the parties. 
 
4-0 
P-A, Air 
 
PCB 06-63           Dynegy Midwest Generation, Inc. (Baldwin Energy Complex) v. IEPA – The 
Board found that the Illinois Administrative Procedure Act  (5 ILCS 100/10-
65(b) (2004)) automatic stay provision applies in this CAAPP permit appeal 
involving a Randolph County facility.  Respondent’s motion for leave to file the 
administrative record on compact disks was granted in part.  The Board granted 
the respondent’s motion for additional time to file the record and directed the 
hearing officer to set the record-filing deadline after consulting with the parties. 
 
4-0 
P-A, Air 
PCB 06-64           Ameren Energy Generating Company, Coffeen Power Station v. IEPA – The 
Board found that the Illinois Administrative Procedure Act  (5 ILCS 100/10-
65(b) (2004)) automatic stay provision applies in this CAAPP permit appeal 
involving a Montgomery County facility.  Respondent’s motion for leave to file 
the administrative record on compact disks was granted in part.  The Board 
granted the respondent’s motion for additional time to file the record and 
directed the hearing officer to set the record-filing deadline after consulting with 
the parties. 
 
4-0 
P-A, Air 
PCB 06-65           Electric Energy, Incorporated v. IEPA – The Board found that the Illinois 
Administrative Procedure Act  (5 ILCS 100/10-65(b) (2004)) automatic stay 
provision applies in this CAAPP permit appeal involving a Massac County 
facility.  Respondent’s motion for leave to file the administrative record on 
compact disks was granted in part.  The Board granted the respondent’s motion 
for additional time to file the record and directed the hearing officer to set the 
record-filing deadline after consulting with the parties. 
 
4-0 
P-A, Air 
PCB 06-66           AmerenEnergy Resources Generating Company, Duck Creek Power Station v. 
IEPA – The Board found that the Illinois Administrative Procedure Act  (5 ILCS 
100/10-65(b) (2004)) automatic stay provision applies in this CAAPP permit 
appeal involving a Fulton County facility.  Respondent’s motion for leave to file 
the administrative record on compact disks was granted in part.  The Board 
 granted the respondent’s motion for additional time to file the record and 
directed the hearing officer to set the record-filing deadline after consulting with 
the parties. 
 
4-0 
P-A, Air 
Environmental Register – February 2006 
16 
 
PCB 06-67           AmerenEnergy Resources Generating Company, Edwards Power Station v. 
IEPA – The Board found that the Illinois Administrative Procedure Act  (5 ILCS 
100/10-65(b) (2004)) automatic stay provision applies in this CAAPP permit 
appeal involving a Peoria County facility.  Respondent’s motion for leave to file 
the administrative record on compact disks was granted in part.  The Board 
granted the respondent’s motion for additional time to file the record and 
directed the hearing officer to set the record-filing deadline after consulting with 
the parties. 
 
4-0 
P-A, Air 
PCB 06-68           Ameren Energy Generating Company, Newton Power Station v. IEPA – The 
Board found that the Illinois Administrative Procedure Act (5 ILCS 100/10-
65(b) (2004)) automatic stay provision applies in this CAAPP permit appeal 
involving a Jasper County facility.  Respondent’s motion for leave to file the 
administrative record on compact disks was granted in part.  The Board granted 
the respondent’s motion for additional time to file the record and directed the 
hearing officer to set the record-filing deadline after consulting with the parties. 
 
4-0 
P-A, Air 
PCB 06-69           Ameren Energy Generating Company, Meredosia Power Station v. IEPA – The 
Board found that the Illinois Administrative Procedure Act (5 ILCS 100/10-
65(b) (2004)) automatic stay provision applies in this CAAPP permit appeal 
involving a Morgan County facility.  Respondent’s motion for leave to file the 
administrative record on compact disks was granted in part.  The Board granted 
the respondent’s motion for additional time to file the record and directed the 
hearing officer to set the record-filing deadline after consulting with the parties. 
 
4-0 
P-A, Air 
PCB 06-70           Ameren Energy Generating Company, Hutsonville Power Station v. IEPA – The 
Board found that the Illinois Administrative Procedure Act  (5 ILCS 100/10-
65(b) (2004)) automatic stay provision applies in this CAAPP permit appeal 
involving a Crawford County facility.  Respondent’s motion for leave to file the 
administrative record on compact disks was granted in part.  The Board granted 
the respondent’s motion for additional time to file the record and directed the 
hearing officer to set the record-filing deadline after consulting with the parties. 
 
4-0 
P-A, Air 
PCB 06-71           Dynegy Midwest Generation, Inc. (Havana Power Station) v. IEPA – The Board 
found that the Illinois Administrative Procedure Act  (5 ILCS 100/10-65(b) 
(2004)) automatic stay provision applies in this CAAPP permit appeal involving 
a Mason County facility.  Respondent’s motion for leave to file the 
administrative record on compact disks was granted in part.  The Board granted 
 the respondent’s motion for additional time to file the record and directed the 
hearing officer to set the record-filing deadline after consulting with the parties. 
 
4-0 
P-A, Air 
PCB 06-72           Dynegy Midwest Generation, Inc. (Hennepin Power Station) v. IEPA – The 
Board found that the Illinois Administrative Procedure Act  (5 ILCS 100/10-
65(b) (2004)) automatic stay provision applies in this CAAPP permit appeal 
involving a Putman County facility.  Respondent’s motion for leave to file the 
administrative record on compact disks was granted in part.  The Board granted 
the respondent’s motion for additional time to file the record and directed the 
hearing officer to set the record-filing deadline after consulting with the parties. 
4-0 
P-A, Air 
Environmental Register – February 2006 
17 
PCB 06-73           Dynegy Midwest Generation, Inc. (Vermilion Power Station) v. IEPA – The 
Board found that the Illinois Administrative Procedure Act  (5 ILCS 100/10-
65(b) (2004)) automatic stay provision applies in this CAAPP permit appeal 
involving a Vermilion County facility.  Respondent’s motion for leave to file the 
administrative record on compact disks was granted in part.  The Board granted 
the respondent’s motion for additional time to file the record and directed the 
hearing officer to set the record-filing deadline after consulting with the parties. 
 
4-0 
P-A, Air 
PCB 06-74           Dynegy Midwest Generation, Inc. (Wood River Power Station) v. IEPA – The 
 Board found that the Illinois Administrative Procedure Act  (5 ILCS 100/10-
65(b) (2004)) automatic stay provision applies in this CAAPP permit appeal 
involving a Madison County facility.  Respondent’s motion for leave to file the 
administrative record on compact disks was granted in part.  The Board granted 
the respondent’s motion for additional time to file the record and directed the 
hearing officer to set the record-filing deadline after consulting with the parties. 
 
4-0 
P-A, Air 
PCB 06-75           The City of Springfield v. IEPA – The Board found that the Illinois 
Administrative Procedure Act  (5 ILCS 100/10-65(b) (2004)) automatic stay 
provision applies in this CAAPP permit appeal involving a Sangamon County 
facility.  Respondent’s motion for leave to file the administrative record on 
compact disks was granted in part.  The Board granted the respondent’s motion 
for additional time to file the record and directed the hearing officer to set the 
record-filing deadline after consulting with the parties. 
 
4-0 
P-A, Air 
 
PCB 06-135         Environmental Protection Industries, Inc. v. IEPA – The Board accepted for 
hearing this underground storage tank appeal involving a DuPage County 
facility. 
 
3-0 
Melas 
abstained 
UST Appeal 
 
 
PCB 06-136         People of the State of Illinois v. D&L Landfill, Inc. – The Board accepted for 
hearing this land enforcement action involving a site located in Bond County. 
4-0 
L-E 
 
New Cases
 
 
February 2, 2006 Board Meeting 
06-132
 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.
 
06-133
 Wesley Brazas, Jr. v. Mr. Jeff Magnussen, President Village of Hampshire and IEPA – No action taken. 
06-134
 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.
 
AC 06-021
 County of Jackson v. Dan Kimmel – The Board accepted for hearing this petition for review of an 
administrative citation against this Jackson County respondent. 
Environmental Register – February 2006 
18 
AC 06-022
 IEPA v. Harold Graves – The Board accepted for hearing this petition for review of an administrative 
citation against this Shelby County respondent. 
AS 06-002
 In the Matter of:  Petition of BP Products North America, Inc. for an Adjusted Standard Pursuant to 35 
Ill. Adm. Code 721.122 – No action taken. 
R06-022
 In the Matter of:  NOx Trading Program:  Amendments to 35 Ill. Adm. Code Part 217 – The Board 
accepted for hearing the Illinois Environmental Protection Agency’s (IEPA) January 19, 2006 proposal to amend 
 the Board’s air pollution control regulations.  The Board also granted of petitioner’s request to waive filing 
requirements, but directed the IEPA to file additional copies of certain documents.
 
R06-023
 In the Matter of:  Standards and Requirements for Potable Water Well Surveys and for Community 
Relations Activities Performed in Conjunction with Agency Notices of Threats from Contamination Under PA 94-
134:  New 35 Ill. Adm. Code Part 1505 – The Board accepted for hearing the Illinois Environmental Protection 
Agency’s (IEPA) January 20, 2006 proposal to amend the Board’s land pollution control regulations.  The Board 
also granted of petitioner’s January 30, 2006 motion to refile the entire statement of reasons. 
February 16, 2006 Board Meeting 
06-135
 Environmental Protection Industries, Inc. v. IEPA – The Board accepted for hearing this underground 
storage tank appeal involving a DuPage County facility.
 
06-136
 People of the State of Illinois v. D&L Landfill, Inc. – The Board accepted for hearing this land enforcement 
action involving a site located in Bond County. 
06-137
 City of Springfield, Illinois v. IEPA – No action taken.
 
AC 06-023
 IEPA v. Harold Graves – The Board accepted an administrative citation against this Shelby County 
respondent. 
AC 06-024
 IEPA v. City of Freeport and Ryan Wilson – The Board accepted an administrative citation against 
 these Stephenson County respondents. 
AC 06-024
 County of Perry v. Ida Haberman – The Board accepted an administrative citation against this Perry 
County respondent. 
R06-024
 In the Matter of:  Revisions to Water Quality Standards for Total Dissolved Solids in the Lower Des 
Plaines River for Exxon Mobil Oil Corporation:  Proposed 35 Ill. Adm. Code 303.445 – No action taken.
 
 
Provisional Variances 
 
IEPA 06-08 City of Morrison v. IEPA
—On February 10, 2006, the Illinois Environmental Protection Agency 
granted the City of Morrison a provisional variance from the daily maximum ammonia nitrogen limits of National 
Pollution Discharge Elimination System Permit IL0027006 for the city’s waste water treatment plant.  The City 
requested this relief to allow it to correct a mechanical failure on one of the plant’s trickling filters.  The provision 
variance is effect for the time period from February 3, 2006 to March 20, 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. 
 
Environmental Register – February 2006 
19 
Calendar 
3/1/06 
2:00 PM 
 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 
3/02/06 
11:00 AM 
 Illinois Pollution Control Board Meeting 
Illinois Pollution Control Board 
Board Room, 1244 N 
1021 N. Grand Avenue East  
Springfield 
3/7/06 
10:00 AM 
 R06-11 
In the Matter of:  Proposal of Vaughn & 
Bushnell Manufacturing Company of 
Amendments to a Site-specific Rule 35 
Ill. Adm. Code 901.121 
City Hall 
138 Hail Street 
Bushnell 
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 
3/23/06 
1:00 PM 
 R04-22(B) 
In the Matter of:  Proposed Amendments 
to Regulation of Petroleum Leaking 
Underground Storage Tanks (35 Ill. Adm. 
Code 732)(Consolidated:  R04-22B and 
R04-23B) 
IEPA 
North Entrance 
Training Room, 1214 West 
1021 N. Grand Avenue East, 
North Entrance 
Springfield 
3/23/06 
1:00 PM 
 R04-23(B) 
In the Matter of:  Proposed Amendments 
to Regulation of Petroleum Leaking 
Underground Storage Tanks (35 Ill. Adm. 
Code 732)(Consolidated:  R04-22B and 
R04-23B) 
IEPA 
North Entrance, 1214 West 
Training Room 
1021 N. Grand Avenue East, 
North Entrance 
Springfield 
3/24/06 
10:00 AM 
 R04-22(B) 
In the Matter of:  Proposed Amendments 
to Regulation of Petroleum Leaking 
Underground Storage Tanks (35 Ill. Adm. 
Code 732)(Consolidated:  R04-22B and 
R04-23B) 
IEPA 
North Entrance 
Training Room, 1214 West 
1021 N. Grand Avenue East, 
North Entrance 
Springfield 
3/24/06 
10:00 AM 
 R04-23(B) 
In the Matter of : Proposed Amendments 
to Regulation of Petroleum Leaking 
 Underground Storage Tanks (35 Ill. Adm. 
Code 732)(Consolidated:  R04-22B and 
R04-23B) 
IEPA 
North Entrance 
Training Room, 1214 West 
1021 N. Grand Avenue East, 
North Entrance 
Springfield 
3/27/06 
10:00 AM 
 PCB 06-124 
Prairie Rivers Network and Sierra Club v. 
IEPA and Prairie State Generating 
Company, LLC (Consolidated:  PCB 06-
124 and PCB 06-127 
Washington County Courthouse 
Second Floor 
101 E. St. Louis Street 
Nashville 
Environmental Register – February 2006 
20 
3/27/06 
10:00 AM 
 PCB 06-127 
American Bottom Conservancy and Dale 
Wojtkowski V. IEPA and Prairie State 
Generating Company, LLC (a.k.a. 
Peabody Energy) (Consolidated:  PCB 
06-124 and PCB 06-127) 
Washington County Courthouse 
Second Floor 
101 E. St. Louis Street 
Nashville 
3/28/06 
10:00 AM 
 R06-23 
In the Matter of:  Standards and 
Requirements for Potable Water Well 
Surveys and for Community Relations 
Activities Performed in Conjunction with 
Agency Notices of Threats from 
Contamination Under PA 94-134:  New 
35 Ill. Adm. Code Part 1505 
Michael A. Bilandic Building 
Room N-502 
160 North LaSalle Street 
Chicago 
03/29/06 
 10:00 AM 
 AC 05-70      IEPA v. James Stutsman 
Mason County Courthouse 
County Board Room 
125 N. Plum 
Havana 
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—(continued next day as 
necessary) 
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 
4/06/06 
11:00 AM 
 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 
04/19/06 
10:00 AM 
 R06-21 
In the Matter of:  Organic Material 
Emissions Standards and Limitations for 
the Chicago and Metro-East Areas:  
Proposed Amendments to 35 Ill. Code 
218 and 219 
Illinois Pollution Control Board 
James R. Thompson Center 
Suite 11-512 
100 West Randolph 
Chicago 
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 
5/4/06 
11:00 AM 
 Illinois Pollution Control Board Meeting 
Illinois Pollution Control Board 
Board Room, 1244 N 
1021 N. Grand Avenue East  
Springfield 
Environmental Register – February 2006 
21 
05/17/06 
9:00 AM 
 R06-21 
In the Matter of:  Organic Material 
Emissions Standards and Limitations for 
the Chicago and Metro-East Areas:  
Proposed Amendments to 35 Ill. Code 
218 and 219 
Madison County Administration 
Building 
Room 108 
157 North Main 
Edwardsville 
5/18/06 
11:00 AM 
 Illinois Pollution Control Board Meeting 
Chicago 
James R. Thompson Center 
Conference Room 09-040 
100 W. Randolph Street 
Chicago 
5/23/06 
10:00 AM 
 R06-23 
In the Matter of:  Standards and 
Requirements for Potable Water Well 
Surveys and for Community Relations 
Activities Performed in Conjunction with 
 Agency Notices of Threats from 
Contamination Under PA 94-134:  New 
35 Ill. Adm. Code Part 1505 
Illinois Pollution Control Board 
Hearing Room 
1021 North Grand Avenue East 
North Entrance 
Springfield 
 
Environmental Register – February 2006 
22 
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 
 
DIVISION OF WATER POLLUTION CONTROL 
 
RESTRICTED STATUS LIST 
 
 
In order to comply with 35 Illinois Administrative Code Section 306.401, Illinois Pollution Control Board 
Regulations, the Illinois EPA has prepared the following list of facilities which are on Restricted Status.  Restricted 
Status is defined as the Agency determination that a sewer or lift station has reached hydraulic capacity or that a 
sewage treatment plant has reached design capacity, such that additional sewer connection permits may no longer be 
issued without causing a violation of the Act or Regulations.  Please note that the list is continually being revised to 
reflect the current situation.  Therefore, if you have any questions on the capability of a treatment facility or 
transport system, please contact this Agency for a final determination.  This listing reflects the status as of 
December 30, 2005. 
 
Facility names followed by an asterisk (*) indicates that construction is underway to ultimately alleviate problems, 
which resulted in imposition of Restricted Status.  Facilities followed by a double asterisk (**) are additions to the 
 list. 
 
FACILITY NAME RESPONSIBLE AUTHORITY COUNTY 
REMAINING 
CAPACITY 
 
Alhambra STP                            Village of Alhambra                      Madison                         0    
Bonnie Brae Forest Manor SD 
  STP 
Bonnie Brae Forest Manor SD            Will                             0    
Bourbonnais (Belle Aire Subd.)           Village of Bourbonnais                   Kankakee                        0    
Camelot Utilities 
   Wastewater Collection System 
Camelot Utilities                         Will                             0    
Camp Point 
   (a portion mh 60-68)     
Village of Camp Point                    Adams                           0    
Clearview S.D.                           Clearview S.D.                           McLean                          0    
Davis Junction                            Village of Davis Junction                 Ogle                             0    
East Alton                                City of East Alton                        Madison                         0    
Farmington                               City of Farmington                       Fulton                           0    
Hurst & Blairville Collection 
 
 SYSTEM 
City of Hurst                             Williamson                      0    
Lockport Heights SD  STP                City of Lockport                          Will                             0    
Port Byron STP                           Village of Port Byron                     Rock Island                      0    
 Richmond WWTP                        Village of Richmond                     McHenry                              
Rosewood Heights S.D.- 
   Ninth Street LS 
Rosewood Heights S.D.                   Madison                         0    
Saint Elmo                               City of Saint Elmo                        Fayette                           0    
South Palos Twp. SD                     South Palos Twp.                         South Palos Twp.                 0    
Sundale Utilities – Washington Estates 
STP 
Sundale Utilities Corporation             Tazewell                         0    
Taylorville-Shawnee Ave. 
 
 PUMP STATION 
City of Taylorville                        Christian                         0    
Utilities Unlimited                        Utilities Unlimited                        Will                             0    
Washington (Rolling Meadows)           City of Washington                       Tazewell                         0    
 
Deletions from previous quarterly report:  None 
Additions from previous quarterly report: Village of Davis Junction 
Environmental Register – February 2006 
23 
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 
 
DIVISION OF WATER POLLUTION CONTROL 
 
CRITICAL REVIEW LIST 
 
In order to comply with 35 Illinois Administrative Code Section 306.401, Illinois Pollution Control Board 
Regulations, the Illinois Environmental Protection Agency has prepared the following list of facilities which are on 
 Critical Review.  Critical Review as defined as the Agency determination that a sewer or lift station is approaching 
hydraulic capacity or that a sewage treatment plant is approaching design capacity such that additional sewer 
connection permit applications will require close scrutiny to determine whether issuance would result in a violation 
of the Act or Regulations.  Please note that these lists are continually being revised to reflect the current situation.  
Therefore, if you have any questions on the capability of a treatment facility or transport system, please contact the 
Agency for a final determination.  This listing reflects the status as of December 30, 2005. 
 
Facility names followed by a double asterisk (**) are additions to the list. 
 
FACILITY NAME RESPONSIBLE AUTHORITY COUNTY 
REMAINING 
CAPACITY 
PE ADDED 
SINCE 
LAST LIST 
 
Algonquin                          Village of Algonquin 
 Kane                           808                 140    
Antioch STP                        Village of Antioch                Lake                              584                  0    
Beardstown SD                     City of Beardstown               Cass                          1,731                     
Benton-Southeast STP               City of Benton                    Franklin                         60                0    
Bethalto (L.S. #1)                   Village of Bethalto                Madison                         87                0    
Carrier Mills                        Village of Carrier Mills            Saline                          836                0    
 Carrollton                           City of Carrollton                 Greene                         140                0    
Citizens Utilities Co. of Ill.- 
 River Grange 
Citizens Utilities Co. 
 of Ill. 
Will                           10            0  
Charleston                          City of Charleston                Coles                         5,645                0    
Dakota                              Village of Dakota                 Stephenson                      90                0    
Downers Grove S.D.                Downers Grove S.D.              DuPage                       2,370              264    
East Dundee STP                    Village of E. Dundee              Kane                           550                0    
Elkville                             Village of Elkville                Jackson                           6                0    
Ferson Creek Utilities Co.           Utilities, Inc.                      Will                             70                0    
LCPWD-Diamond- 
 Sylvan STP 
County of Lake Public 
 Works Department 
Lake                            0            0  
Lake Barrington Home 
   Owners Assn. STP 
Lake Barrington Home 
 Owners Assn. 
Lake                           80            0  
Lockport                            City of Lockport                  Will County                       0              524    
Moline (North Slope)                City of Moline                    Rock Island                   1,151                0    
 Morris STP                         City of Morris                    Grundy                           0              841    
New Lenox STP 1**                Village of New Lenox             Will                             48              372    
Paris STP                           City of Paris                      Edgar                             0                     
Rock Island (Main)                  City of Rock Island               Rock Island                   4,080                     
Streator                             City of Streator                   LaSalle/ 
    Livingston 
700            5  
Wauconda – Remaining 
 Collection System 
   & Lakeview Villa LS 
Village of Wauconda              Lake                           ***                     
Wauconda WWTP                  Village of Wauconda              Lake                                              88    
 
Deletions from previous quarterly report:  None 
Additions from previous quarterly report:  None 
Environmental Register – February 2006 
24 
 
***Contact IEPA – Permit Section 
 
MAP:\epa1176\rscr\dec4q05final.doc 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
------------------------------------------------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