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
The Environmental Protection Act (Act) provides that the “Board shall
determine, define and implement the environmental control standards applicable
in the State of Illinois.” Rulemaking is an important responsibility arising from
this charge by the Illinois Legislature and we expect another busy year in 2007.
The Board’s semi-annual regulatory agenda recently appeared in the
Illinois
Register.
Anyone can view and download the regulatory agenda from the
Board’s Web site at:
http://www.ipcb.state.il.us/documents/dsweb/Get/Document-
55605/2007%20January%20Regulatory%20Agenda.pdf. During the next six
months the Board expects to receive proposals to amend rules in groundwater
quality, land application of sewage sludge, the used and waste tire program, and
operation of municipal waste transfer stations. The expected proposals are
summarized below.
The Illinois Environmental Protection Agency (IEPA) expects to submit
a rulemaking proposal addressing groundwater quality in the spring or summer of 2007. The IEPA’s proposal will
address contaminants of concern such as perchlorate, a rocket fuel component that has been discovered in Illinois’
groundwater. Ammonia may also be included in the rulemaking proposal. The IEPA has evaluated groundwater
contaminants commonly detected in association with solid waste and Resource Conservation and Recovery Act
(RCRA) sites. Groundwater standards are being developed for approximately 48 contaminants commonly detected
in groundwater at these sites where cleanup objectives have been developed under Tiered Approach to Corrective
Action Objectives. Finally, radium 226, radium 228, and arsenic have had new Maximum Contaminant Levels
(MCLs) adopted, and the IEPA will propose a groundwater standard amendment consistent with the MCL.
The IEPA is currently preparing a rulemaking proposal relating to land application of sewage sludge and
expects to file that proposal with the Board in the spring or summer of 2007. These rules are expected to establish
pollutant limits, pathogen reduction requirements, and vector control measures for sewage sludge applied to land.
To comply with the statutory changes enacted in Public Act 92-0024, the IEPA plans to propose amending
the Board’s regulations for better implementation of the used and waste tire program. The Board expects the IEPA
to file this rulemaking proposal in the spring or summer of 2007.
The IEPA is developing a proposal to add new rules regarding municipal waste transfer stations to the
Board’s waste regulations. This proposal is expected to provide more specific requirements for permitting, design,
construction, operation, and closure of municipal waste transfer stations. The Board expects the IEPA to file this
proposal in the spring or summer of 2007.
Other rulemaking proposals may be filed with the Board during the next six months, and we continue to
have a full schedule of open rulemaking dockets that can be viewed on our website (
www.ipcb.state.il.us
). Citizen
involvement is always welcome and greatly appreciated.
Sincerely,
G. Tanner Girard, Ph.D.
Acting Chairman
Environmental Register – January 2007
1
Inside This Issue:
FEDERAL UPDATE
P. 1
R
ULE UPDATE
P. 2
A
PPELLATE UPDATE
P 3
B
OARD ACTIONS
P. 5
N
EW CASES
P. 12
P
ROVISIONAL VARIANCES
P. 14
B
OARD CALENDAR
P. 15
R
ESTRICTED STATUS/CRITICAL REVIEW
P. 17
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Federal Update
United States Environmental Protection Agency Adopts Amendments to the Unregulated
Contaminant Monitoring Regulation Under the Safe Drinking Water Act
On January 4, 2007 (72 Fed. Reg. 367) the United States Environmental Protection Agency
(USEPA) adopted amendments to the Unregulated Contaminant Monitoring Regulation (UCMR).
The amendments are driven by provisions in the federal Safe Drinking Water Act (SDWA) that
require the USEPA to establish criteria for a program to monitor unregulated contaminants and to
publish a list of contaminants to be monitored every five years. This is the second set of listed
contaminants; USEPA established the first in 1999. Effective on February 5, 2007, this final rule
is sometimes referred to as UCMR 2.
UCMR 2 covers calendar years 2007-2011, UCMR 2 monitoring will occur during the years
2008-2010. USEPA is requiring monitoring of 25 chemicals using 5 different analytical methods.
USEPA stated that implementation of this final rule will benefit the environment by providing
USEPA and other interested parties with scientifically valid data on the occurrence of these
contaminants in drinking water, thereby permitting the assessment of the population potentially
being exposed and the levels of that exposure. These data are the primary source of occurrence
and exposure data for USEPA to determine whether to regulate these contaminants.
UCMR 2: Tier 1—List 1 Assessment Monitoring. UCMR 2 has three monitoring components (or
tiers); is the largest in scope of the three. All large community and non-transient, non-community
water systems serving more than 10,000 people, and a nationally representative sample of 800
small water systems serving 10,000 or fewer people must conduct Assessment Monitoring.
Transient non-community water systems and those systems that purchase all of their finished
water from another system are excluded from the requirements of UCMR 2. Under Assessment
Monitoring, “List 1” contaminants, for which standard analytical methods are available, are
monitored to assess national occurrence in drinking water. These are the priority contaminants for
which analytical method technologies are well established.
UCMR 2: Tier 2—List 2 Screening Survey Monitoring. The second tier of UCMR 2 is referred
to as “List 2” or Screening Survey monitoring. List 2 contaminants are those for which analytical
methods have been recently developed, and for which the technologies are not widely used;
laboratory capacity, therefore, may be insufficient to conduct the larger scale Assessment
Monitoring. The Screening Survey will be conducted by approximately 400 Public Water
Supplies (PWSs) serving more than 100,000 people (all systems in this largest size category), by a
randomly selected sample of 320 PWSs serving between 10,001 and 100,000 people, and by 480
small PWSs.
UCMR 2: Tier 3—List 3 Survey Pre-Screen Testing. The third tier of UCMR monitoring is
termed the Pre-Screen Testing. The Pre-Screen Testing, which is designed for priority “List 3”
Environmental Register – January 2007
2
contaminants-whose methods are very new or specialized, is not required in this action, although
USEPA is retaining the regulatory language that supports Pre-Screen Testing authority as part of
the three-tiered UCMR framework. USEPA stated that if it ultimately decides to include Pre-
Screen Testing as part of a future UCMR, it would initiate a rulemaking action to propose List 3
contaminants (and their associated analytical methods) and to solicit public comments.
For further information contact David J. Munch, Technical Support Center, Office of Ground
Water and Drinking Water, United States Environmental Protection Agency, Office of Water, 26
West Martin Luther King Drive (MS 140), Cincinnati, OH 45268, telephone (513) 569-7843; e-
mail address munch.dave@epa.gov
.
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 (2006)).
Rule Update
Board Adopts Final Opinion and Order in Proposal of Vaughan & Bushnell Manufacturing
Company of Amendment to a Site-Specific Rule, 35 Ill. Adm. Code 901.121 (R06-11)
On January 4, 2007, the Board adopted a final opinion and order in Proposal of Vaughan &
Bushnell Manufacturing Company of Amendment to a Site-Specific Rule, 35 Ill. Adm. Code
901.121 (R06-11). The adopted amendments were filed with the Secretary of State’s Index
department and effective January 11, 2007, and were published at 31 Ill. Reg. 1984 (January 26,
2007).
The adopted amendments are based on an October 2005 proposal filed by the Vaughan &
Bushnell Manufacturing Company (V&B). V & B requested amendment of its existing site-
specific noise rule for its forging facility, located at the intersection of Davis and Main Streets,
Bushnell in McDonough County. The amended rule will allow the company to operate 24-hours a
day.
In considering the character of the surrounding areas and land uses, the Board found that the V&B
facility is appropriately located in an area that is heavily industrial in nature, and that the
amendments would not have an adverse environmental impact on the area. All of the testimony
presented at the Board’s March 7, 2006 hearing on the proposal supported the proposed extension
of V & B’s operating hours.
Copies of the Board’s opinion and order in R06-11 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 Order Consolidating Dockets and Extending the Adoption Deadline in the
Identical In Substance Rulemaking RCRA Subtitle C Update, USEPA Amendments
(January 1, 2006 though June 30, 2006) R07-5; RCRA Subtitle C Update, USEPA
Amendments (July 1, 2006 though December 31, 2006) R07-14 (consolidated)
On January 26, 2007, the Board consolidated two dockets, RCRA Subtitle C Update, USEPA
Amendments (January 1, 2006 though June 30, 2006) R07-5; RCRA Subtitle C Update, USEPA
Amendments (July 1, 2006 though December 31, 2006) R07-14, and extended the deadline for
completion of amendments in the consolidated docket. The consolidated docket concerns Illinois
regulations that are “identical in substance” to hazardous waste regulations adopted by the United
States Environmental Protection Agency (USEPA). The 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)).
Environmental Register – January 2007
3
The Board also found that extension of the completion deadline would be necessary for this
consolidated docket under Section 7.2(b) of the Environmental Protection Act (Act), 415 ILCS
5/7.2(b) (2004). The final date for Board completion of the amendments was extended from April
5, 2007 to October 1, 2007. The Board stated that it anticipates that it will adopt a proposal for
public comment at its May 3, 2007 meeting, and that the proposal will be filed by May 14, 2007
with the Secretary of State’s Index Department for publication in the
Illinois Register
. If these
events timely occur and no additional delay is required to adequately respond to public comments,
the Board anticipates adoption of final rules at its August 23, 2007 meeting. Because the Board
holds adopted RCRA Subtitle C rulemakings for 30 days for USEPA review, the Board
anticipates filing the adopted amendments with the Secretary of State’s Index Department by
October 1, 2007.
Copies of the Board’s opinion and order in R07-5/14 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.
Appellate Update
Second District Dismisses Appeal of Non-Final Order in Northern Illinois Service Co. v.
Illinois Environmental Protection Agency and Illinois Pollution Control Board, No. 2-06-
1237 (January 19, 2007) (AC 05-40)
In a January 19, 2007 unpublished order under Supreme Court Rule 23 (155 Ill.2d R. 23), the
Second District Appellate Court dismissed, for lack of jurisdiction, the appeal captioned Northern
Illinois Service Co. v. Illinois Environmental Protection Agency and Illinois Pollution Control
Board, No. 2-06-1237 (January 19, 2007). Northern Illinois Service Company (NISC) had
appealed the Board’s opinion and order issued November 16, 2006 in an administrative citation
action brought by the Illinois Environmental Protection Agency (IEPA). IEPA v. Northern
Illinois Service Company, AC 05-40 (order of November 16, 2006, vacated December 7, 2006).
The court found, as the Board had argued in its January 13, 2007 motion to dismiss, that there was
“no final appealable order”. Northern Illinois Service Co. v. Illinois Environmental Protection
Agency and Illinois Pollution Control Board, No. 2-06-1237 (January 19, 2007) (slip op at 1.) As
detailed in the chronology of events in this case below, NISC’s premature appeal was the result of
two separate mail misadventures.
On November 22, 2004, the IEPA filed an administrative citation against NISC as the result of an
October 4, 2006 site inspection. The citation alleged that respondent violated Sections 21(p)(1)
and 21(p)(7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), and (7) (2004)) by
causing or allowing the open dumping of waste resulting in litter and the deposition of general
construction or demolition debris or clean construction or demolition debris, at its Roscoe Quarry
located at 4960 Rockton Road, Roscoe, Winnebago County. NISC filed a timely petition for
review by the Board, and the Board held a public hearing April 20, 2006. After considering the
record and parties’ arguments, on September 21, 2006 the Board issued an interim opinion and
order. In that order, the Board found the violations as alleged, and stated that it would issue a
final order assessing the mandatory $3,000 statutory penalty after the Board and IEPA had each
filed statements of hearing costs and NISC had had an opportunity to reply to those statements.
Statements of hearing costs were due to be filed on or before October 11, 2006, and any NISC
replies were due 21 days thereafter.
In its November 6, 2006 order, the Board noted that the IEPA had filed no statement of costs,
noted that the respondent had filed no response to the Board’s statement, and assessed $406.50 in
hearing costs against the respondent. IEPA v. Northern Illinois Service Co.
, AC 05-40, slip op. at
Environmental Register – January 2007
4
2 (Nov. 16, 2006). Accordingly, the final order assessed a total amount of $3,406.50 due from the
respondent no later than January 2, 2007.
Id
.
But, in a December 7, 2006 order, the Board on its own motion reconsidered and vacated its
November 6, 2006 order. The December 7 order relayed that on December 1, 2006, the Board
received IEPA’s statement of hearing costs in the amount of $265.75. Although the mailing
envelope shows no specific postmarked date, the proof of service filed with that statement shows
that the IEPA timely filed it by placing it in the U.S. Mail on October 11, 2006. Due to the delay
of seven weeks between service of the IEPA’s statement and its arrival in the Board’s office, the
Board on its own motion vacated its order of November 16, 2006. The Board allowed NISC 21
days, or until Friday, December 22, 2006, to file a response limited to the issue of the IEPA’s
claimed costs.
See
35 Ill. Adm. Code 108.506(a). The IEPA was then given 14 days after service
of the response to file any reply.
See
35 Ill. Adm. Code 108.506(b). IEPA v. Northern Illinois
Service Company, AC 05-40 (December 7, 2006) (vacating order of November 16, 2006).
But, unaware of the Board’s December 7 order, NISC filed its petition for review of the vacated
November 16, 2006 order in the Second District. On December 18, 2006, NISC moved the Board
to stay enforcement of the Board’s November 16, 2006 order, pending review by the appellate
court. On December 22, 2006, the court issued its docketing and scheduling order concerning the
appeal. On January 3, 2007, NISC filed a motion asking the court to stay its order,
acknowledging that the Board had vacated its November 16, 2006 order (from which it had
appealed). NISC asked the court to stay all matters in its scheduling order and to refrain from
dismissing the appeal until after NISC files a separate appeal of the Board’s then-yet-to-come
final order. In the court’s January 19, 2007 order, dismissing the appeal, the court also denied
NISC’s motion to stay the court’s December 22, 2006 order. Northern Illinois Service Co. v.
Illinois Environmental Protection Agency and Illinois Pollution Control Board, No. 2-06-1237
(January 19, 2007) (slip op at 1.)
The Board issued its final order in the case on January 26, 2007. Noting the foregoing events, the
Board denied the motion for stay before it. The Board assessed the civil penalty of $3,000 against
NISC for the violations, as well as hearing costs totaling $672.25, for a total amount due of
$3,672.25. Under the January 26, 2007 final order, NISC must pay $3,672.25 no later than March
12, 2007. IEPA v. Northern Illinois Service Company
, AC 05-40 (January 26, 2007).
Dismissal of the premature appeal of the November 2006 vacated order in no way limits NISC’s
ability to appeal the January 2007 final order.
Sangamon County Circuit Court Enters Agreed Dismissal Order in Dynegy Midwest
Generation, Inc., Kincaid Generation, LLC, and Midwest Generation, LLC. v. Illinois
Pollution Control Board and Illinois Protection Environmental Agency, Case No. 2006
CH213 (Sangamon County Circuit Court)(case dismissed by agreed order of January 26,
2007)(R06-25)
On January 26, 2007, the Sangamon County Circuit court entered an agreed order dismissing,
without prejudice, the case captioned Dynegy Midwest Generation, Inc., Kincaid Generation,
LLC, and Midwest Generation, LLC. v. Illinois Pollution Control Board and Illinois Protection
Environmental Agency, Case No. 2006 CH213 (Sangamon County Circuit Court)(dismissed
January 26, 2007) (hereinafter Dynegy).
Dynegy was noted in this “Appellate Update” section
some months ago, but was not summarized in this section, as the case did not involve an appeal of
a Board order. Rather, the case was an action for declaratory and injunction relief regarding the
procedures the Board was to use in hearing the Illinois Environmental Protection Agency’s March
14, 2006 regulatory proposal in Docket R06-25, In the Matter of: Proposed New 35 Ill. Adm.
Code 225 Control of Emissions From Large Combustion Sources (Mercury) (hereinafter R06-25).
See Environmental Register
No. 623 (May 2006) at pp.6-7.
As reported at that time, on May 1, 2006 the Sangamon County Circuit Court issued an injunction
order precluding the Board from proceeding with the rulemaking under the procedures of Section
28.5 of the Environmental Protection Act (Act), 415 ILCS 5/28.5 (2004). Dynegy Midwest
Environmental Register – January 2007
5
Generation, Inc., Kincaid Generation, LLC, and Midwest Generation, LLC. v. Illinois Pollution
Control Board and Illinois Protection Environmental Agency, Case No. 2006 CH213 (Sangamon
County Circuit Court)(May 1, 2006 injunction order). On May 4, 2004 the Board issued an order
that R06-25 would proceed under the rulemaking procedures under Section 27 of the Act, 415
ILCS 5/27. On May 8, the Board and IEPA filed a joint motion for dismissal of the action as
moot.
See Environmental Register
No. 623 (May 2006) at 4-5.
Prior to any action by the court on the motion to dismiss Dynegy
, the Board completed its
rulemaking in R06-25 under Section 27 of the Act, adopting final rules on December 21, 2006.
The rules were filed and effective the same day.
See Environmental Register
No. 630 (December
2006) at 4-5. On January 24, 2007, the Board received a petition for review appealing the
Board’s December 21, 2006 decision in R06-25 to the Fourth District Appellate Court captioned
Kincaid Generation, LLC v. Illinois Environmental Protection Agency and Illinois Pollution
Control Board. On January 26, 2007, the Board received a petition for review from Midwest
Generation, appealing the same final decision to the Third District Appellate Court, captioned
Midwest Generation, LLC v. Illinois Environmental Protection Agency and Illinois Pollution
Control Board.
Board Actions
January 4, 2007
Via Videoconference
Springfield and Chicago, Illinois
Rulemakings
R06-11
In the Matter of: Proposal of Vaughan & Bushnell Manufacturing Company of
Amendment to a Site-Specific Rule 35 Ill. Adm. Code 901.121 – The Board
adopted a final opinion and order in this rulemaking which amends the Board’s
noise regulations.
4-0
R, Noise
Administrative Citations
AC 07-25
City of Chicago Department of Environment v. 1601-1759 East 130th Street,
L.L.C. – The Board accepted respondent’s petition for review of administrative
citation, but reserved ruling on respondent’s motion to consolidate this
proceeding with another pending administrative citation action involving the
same parties, AC 06-41.
4-0
Decisions
PCB 04-36
Michael A. Petrosius and Darla G. Petrosius v. Illinois State Toll Highway
Authority – The Board found that sound emanating from traffic using a toll
collection/entrance ramp on the northbound side of the I-294 tollway and the
75th Street Exchange in LaGrange, Illinois did not unreasonably interfere with
the complainants’ enjoyment of their lives and property.
4-0
Citizens
N-E
Environmental Register – January 2007
6
Motions and Other Matters
PCB 00-104
People of the State of Illinois v. The Highlands, L.L.C., Murphy Farms, Inc., and
Smithfield Foods, Inc. – 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 Knox County facility, the Board
ordered publication of the required newspaper notice.
4-0
W-E
PCB 00-204
Gutmann Leather Company, Inc. v. IEPA
– The Board granted this Cook County
facility’s motion for voluntary dismissal of this permit appeal.
4-0
P-A, Air
PCB 07-18
Frey Enterprises, Inc. (November 1, 2005 to February 25, 2006) 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 facility in St. Clair County.
4-0
UST Appeal
PCB 07-19
Frey Enterprises, Inc. (February 1, 2006 to April 15, 2006) 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
facility in St. Clair County.
4-0
UST Appeal
PCB 07-49
People of the State of Illinois v. City of Woodstock
– The Board accepted for
hearing this water enforcement action involving a site located in McHenry
County.
4-0
W-E
PCB 07-50
Growmark, Inc. (Property Identification Number 38-11-400-001 and 38-11-400-
005) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified agrichemical
structures of Growmark, Inc.’s at its plant located in McLean 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 07-51
LaSalle County Farm Supply (Vapor Recovery System)(Property Identification
Number (22-25-333-000) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and certified that the
specified vapor recovery system of LaSalle County Farm Supply’s at its bulk
fuel storage facility located in LaSalle County is a pollution control facility for
the purpose of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
4-0
T-C
PCB 07-52
Logan Agri Service, Inc. (Vapor Recovery System)(Property Identification
Number 43-033-07) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and certified that the
specified vapor recovery system of Logan Agri Service, Inc.’s at its bulk fuel
storage facility located in Pike County is a pollution control facility for the
purpose of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
4-0
T-C
Environmental Register – January 2007
7
January 26, 2007
Chicago, Illinois
Rulemakings
R07-5
R07-14
In the Matter of: RCRA Subtitle C (Hazardous Waste) Update, USEPA
Amendments (January 1, 2006 through June 30, 2006); In the Matter of: RCRA
Subtitle C (Hazardous Waste) Update, USEPA Amendments (July 1, 2006
through December 31, 2006) – The Board on its own motion consolidated these
“identical-in-substance” rulemaking to amend the Board’s hazardous waste
regulations and extended the deadline for completion of amendments from
April 5, 2007 to October 1, 2007.
4-0
R, Land
Administrative Citations
AC 05-40
IEPA v. Northern Illinois Service Company
– The Board denied respondents
motion to stay, noting the appellate court’s dismissal of respondent’s appeal.
The Board entered a final opinion and order requiring respondent to pay hearing
costs of the Illinois Environmental Protection Agency and the Board in the
amount of $672.25 and a civil penalty of $3,000. This order follows the Board's
interim order of September 21, 2006, which found that this respondent had
violated Sections 21(p)(1) and (p)(7) of the Illinois Environmental Protection
Act (415 ILCS 5/21(p)(1), (p)(7) (2004)).
4-0
AC 07-21
County of Macon v. Tim Walker
–The Board dismissed respondent’s petition for
review as untimely filed and found that this Macon County respondent violated
Section (p)(1), (p)(3), and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), and
(p)(7) (2004)), and ordered respondent to pay a civil penalty of $4,500.
4-0
AC 07-25
City of Chicago Department of Environment v. 1601-1759 East 130th Street,
L.L.C. – The Board denied respondent’s motion to consolidate with another
pending administrative citation action involving the same parties, AC 06-41.
4-0
AC 07-26
IEPA v. Leonard Hostetler – The Board found that this Macon County
respondent violated Section 21(p)(1) of the Environmental Protection Act (415
ILCS 5/21(p)(1) (2004)), and ordered respondent to pay a civil penalty of
$1,500.
4-0
AC 07-27
IEPA v. Paul Sahlstrom
– The Board found that this Winnebago County
respondent violated Section 21(p)(1) of the Environmental Protection Act (415
ILCS 5/21(p)(1) (2004)), and ordered respondent to pay a civil penalty of
$1,500.
4-0
Decisions
PCB 97-179
People of the State of Illinois v. Midwest Grain Products of Illinois, Inc.
– In
4-0
Environmental Register – January 2007
8
this air enforcement action concerning a Tazewell 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 $200,000, and to cease and desist from further violations.
Respondent must contribute $300,000 to the Illinois Environmental Protection
Agency’s Special Projects Fund.
A-E
PCB 00-104
People of the State of Illinois v. The Highlands, L.L.C., Murphy Farms, Inc.
a/k/a Murphy Family Farms, and Bion Technologies, Inc. – In this water
enforcement action concerning a Knox 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 Highlands, L.L.C. (Highlands) only, and ordered
the Highlands to pay a total civil penalty of $9,000, and to cease and desist from
further violations.
4-0
A-E
PCB 06-150
People of the State of Illinois v. Stoecker Farms, Inc.
– In this water enforcement
action concerning a Macoupin 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 $5,000, and to cease
and desist from further violations.
4-0
W-E
PCB 06-171
American Bottom Conservancy v. IEPA and United Steel Corporation – Granite
City Works – The Board found that the Illinois Environmental Protection
Agency’s decision not to hold a public hearing prior to the issuance of the U.S.
Steel permit on March 31, 2006 violated 35 Ill. Adm. Code 309.115(a) of the
Board’s regulations, and ruled the permit invalid.
4-0
P-A, NPDES
PCB 06-175
People of the State of Illinois v. Tres Amigos Properties, L.L.C.
– In this water
enforcement action concerning a Sangamon 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
$5,000, and to cease and desist from further violations.
4-0
W-E
PCB 07-1
People of the State of Illinois v. Kurt Carlson
– In this water 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,
and ordered the respondent to pay a total civil penalty of $22,000, and to cease
and desist from further violations.
4-0
W-E
PCB 07-26
People of the State of Illinois v. Palos Township, Cook County, Illinois
– In this
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, and ordered the respondent to pay a total civil penalty of
4-0
W-E
Environmental Register – January 2007
9
$3,800, and to cease and desist from further violations.
PCB 07-35
People of the State of Illinois v. Bradshaw Enterprises, L.L.C. and Brian
Bradshaw individually – In this water enforcement action concerning a Clark
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 $3,500, and to cease and desist from further
violations.
4-0
W-E
Motions and Other Matters
PCB 06-14
Q&E Properties, Inc. 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 06-132
People of the State of Illinois v. Lake Pointe Estates, 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 involving a
Sangamon County facility, the Board ordered publication of the required
newspaper notice.
4-0
W-E
PCB 06-152
James Chew and Lynn Chew v. Dick F. Borgmiller and Sportsblast, L.L.C.
–
The Board granted this Jackson County facility’s motion for voluntary dismissal
of this citizens’ noise enforcement action.
4-0
Citizens
N-E
PCB 06-177
People of the State of Illinois v. Sheridan Sand & Gravel Co.
– The Board
granted respondent’s motion for leave to file an amended answer and affirmative
defenses. The Board denied as moot complainant’s motion to strike affirmative
defenses as plead in the first answer. The Board granted complainant leave to
file a new motion to strike in response to the amended answer and affirmative
defenses.
4-0
L-E
PCB 06-188
People of the State of Illinois v. Karam Toor and Surjit Toor individuals d/b/a
Toor Car and Truck Plaza and Singh Inc. of Illinois d/b/a Toor Car and Truck
Plaza – 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 Lake County facility, the Board ordered
publication of the required newspaper notice.
4-0
W-E, NPDES
PCB 07-11
Lincolnshire/State Oil S&S Petroleum v. IEPA
– The Board granted this Lake
County facility’s motion for voluntary dismissal of this underground storage tank
appeal.
4-0
UST Appeal
PCB 07-22
Estate of William Eggert v. IEPA
– The Board granted this Cook County
facility’s motion for voluntary dismissal of this underground storage tank appeal.
4-0
UST Appeal
Environmental Register – January 2007
10
PCB 07-29
People of the State of Illinois v. Pinnacle Genetics, L.L.C. and Professional
Swine Management, 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 air and water enforcement action involving a McDonough
County facility, the Board ordered publication of the required newspaper notice.
4-0
A,W-E
PCB 07-30
The Premcor Refining Group, Inc. v. IEPA
– The Board granted petitioner’s
motion for leave to file an amended petition, and accepted the amended petition
for review. The respondent’s motion to dismiss was denied as moot. The Board
also granted petitioner’s motion to stay the effectiveness of the CAAPP permit.
The Board also granted respondent’s motion for leave to file the administrative
record
instanter
, and accepted the administrative record.
4-0
P-A, Air
PCB 07-53
People of the State of Illinois v. Moline Place Development, L.L.C. and
Crosstowne Place Development, L.L.C. – The Board accepted for hearing this
water enforcement action involving a site located in Rock Island County.
4-0
W-E
PCB 07-54
Auburn Realty Company, 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 Christian County facility.
4-0
UST Appeal
90-Day
Ext.
PCB 07-55
Marathon Ashland Petroleum, L.L.C. (Continuous Emissions Monitoring
System) (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
Air
PCB 07-56
Marathon Ashland Petroleum, L.L.C. (Gasoline Desulfurization Unit) (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
Air
PCB 07-57
Marathon Ashland Petroleum, L.L.C. (Platformer Vent 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
Air
Environmental Register – January 2007
11
PCB 07-58
Marathon Ashland Petroleum, L.L.C. (Steam Supply to Nos. 1 and 5 Flares)
(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
Air
PCB 07-59
Gateway FS, Inc. v. IEPA
– The Board accepted for hearing this underground
storage tank appeal involving a Randolph County facility and on its own motion
consolidated this matter with PCB 06-61.
4-0
UST Appeal
PCB 07-60
Mikuska Investments, Ltd. 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 Will County facility.
4-0
UST Appeal
90-Day Ext.
PCB 07-61
Gateway FS, Inc. v. IEPA
– The Board accepted for hearing this underground
storage tank appeal involving a Randolph County facility and on its own motion
consolidated this matter with PCB 06-59.
4-0
UST Appeal
PCB 07-62
R.W. Sheridan Oil Company 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 DeWitt County facility.
4-0
UST Appeal
90-Day Ext.
PCB 07-63
PMA & Associates, Inc. v. IEPA
– The Board accepted for hearing this
underground storage tank appeal involving a Union County facility.
4-0
UST Appeal
PCB 07-64
Wright Petroleum 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
Hancock County facility.
4-0
UST Appeal
90-Day Ext.
PCB 07-65
Electro-Motive Diesel, Inc. v. IEPA
– The Board granted this request for a 90-
day extension of time to file a permit appeal on behalf of this Cook County
facility.
4-0
P-A, Air
90-Day
Ext.
PCB 07-66
Ted’s Citgo v. IEPA
– The Board accepted for hearing this underground storage
tank appeal involving a Lake County facility.
4-0
UST Appeal
Environmental Register – January 2007
12
PCB 07-67
Klean Wash, Inc. (Property Identification Number 06-06-08-406-027) v. IEPA
–
Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of Klean
Wash, Inc. located in Tazewell 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
Water
PCB 07-68
People of the State of Illinois v. Chippewa Loft, L.L.C.
– The Board accepted for
hearing this air enforcement action involving a site located in Madison County.
4-0
A-E
PCB 07-69
Siemens Energy & Automation 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 Kane County facility.
4-0
UST Appeal
90-Day
Ext.
New Cases
January 4, 2007 Board Meeting
07-049
People of the State of Illinois v. City of Woodstock – The Board accepted for hearing this
water enforcement action involving a site located in McHenry County.
07-050
Growmark, Inc. (Property Identification Number 38-11-400-001 and 38-11-400-005) v.
IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the
Board found and certified that specified agrichemical structures of Growmark, Inc.’s at its plant
located in McLean County are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10 (2004)).
07-051
LaSalle County Farm Supply (Vapor Recovery System)(Property Identification Number
(22-25-333-000) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that the specified vapor recovery system of
LaSalle County Farm Supply’s at its bulk fuel storage facility located in LaSalle County is a
pollution control facility for the purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2004)).
07-052
Logan Agri Service, Inc. (Vapor Recovery System)(Property Identification Number 43-
033-07) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that the specified vapor recovery system of Logan
Agri Service, Inc.’s at its bulk fuel storage facility located in Pike County is a pollution control
facility for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
AC 07-029
IEPA v. Gere Properties, Inc., Perry Ridge Landfill, Inc., and Mike Whitlock
– The
Board accepted an administrative citation against these Perry County respondents.
January 26, 2007 Board Meeting
Environmental Register – January 2007
13
07-053
People of the State of Illinois v. Moline Place Development, L.L.C. and Crosstowne Place
Development, L.L.C. – The Board accepted for hearing this water enforcement action involving a
site located in Rock Island County.
07-054
Auburn Realty Company, 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 Christian County
facility.
07-055
Marathon Ashland Petroleum, L.L.C. (Continuous Emissions Monitoring System)
(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)).
07-056
Marathon Ashland Petroleum, L.L.C. (Gasoline Desulfurization Unit) (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)).
07-057
Marathon Ashland Petroleum, L.L.C. (Platformer Vent 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)).
07-058
Marathon Ashland Petroleum, L.L.C. (Steam Supply to Nos. 1 and 5 Flares) (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)).
07-059
Gateway FS, Inc. v. IEPA
– The Board accepted for hearing this underground storage tank
appeal involving a Randolph County facility and on its own motion consolidated this matter with
PCB 06-61.
07-060
Mikuska Investments, Ltd. 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 Will County facility.
07-061
Gateway FS, Inc. v. IEPA
– The Board accepted for hearing this underground storage tank
appeal involving a Randolph County facility and on its own motion consolidated this matter with
PCB 06-59.
07-062
R.W. Sheridan Oil Company 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 DeWitt County
facility.
07-063
PMA & Associates, Inc. v. IEPA
– The Board accepted for hearing this underground
storage tank appeal involving a Union County facility.
07-064
Wright Petroleum 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 Hancock County facility.
07-065
Electro-Motive Diesel, Inc. v. IEPA
– The Board granted this request for a 90-day
extension of time to file a permit appeal on behalf of this Cook County facility.
Environmental Register – January 2007
14
07-066
Ted’s Citgo v. IEPA
– The Board accepted for hearing this underground storage tank
appeal involving a Lake County facility.
07-067
Klean Wash, Inc. (Property Identification Number 06-06-08-406-027) v. IEPA
– Upon
receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and
certified that specified facilities of Klean Wash, Inc. located in Tazewell County are pollution
control facilities for the purpose of preferential tax treatment under the Property Tax Code (35
ILCS 200/11-10 (2004)).
07-068
People of the State of Illinois v. Chippewa Loft, L.L.C.
– The Board accepted for hearing
this air enforcement action involving a site located in Madison County.
07-069
Siemens Energy & Automation 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 Kane County
facility.
AC 07-030
IEPA v. Bobby G. Myers and Donald D. Myers
– The Board accepted an
administrative citation against these Union County respondents.
AC 07-031
IEPA v. Mark A. Lewis
– The Board accepted an administrative citation against this
Clay County respondent.
AC 07-032
IEPA v. Don Jose Tandy
– The Board accepted an administrative citation against this
Macoupin County respondent.
AC 07-033
IEPA v. Donald R. Langley, Perry D. Winebrinner and Bret Slater
– The Board
accepted an administrative citation against these Logan County respondents.
AS 07-003
In the Matter of: Petition of Midwest Generation, L.L.C., Waukegan Generating
Station for an Adjusted Standard from 35 Ill. Adm. Code 225.230 – Pending receipt of the
certificate of publication, the Board held this Lake County facility’s petition for an adjusted
standard from the Board’s air pollution control regulations for mercury emission.
AS 07-004
In the Matter of: Petition of Midwest Generation, L.L.C., Will County Generating
Station for an Adjusted Standard from 35 Ill. Adm. Code 225.230 – Pending receipt of the
certificate of publication, the Board held this Will County facility’s petition for an adjusted
standard from the Board’s air pollution control regulations for mercury emission.
Provisional Variances
IEPA 07-12 City of Alton Inc. v. IEPA
– In January 2007, the Illinois Environmental Protection
Agency granted the City of Alton a provisional variance, subject to conditions, from Special
Condition 13 of NPDES Permit IL0027464 requiring the City to maintain a 5:1 dilution ratio at
Discharge 009. The City of Alton requested the provisional variance to make repairs to the
Discharge 001 outfall pipe to the Mississippi River. The relief is granted for a 45-day period from
January 30, 2007, and to end no later than February 28, 2007.
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 – January 2007
15
Calendar
2/1/07
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
2/15/07
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 9-040
100 W. Randolph Street
Chicago
2/27/07
11:00 AM
PCB 05-93
York High Neighborhood
Committee (a voluntary
organization) Janet and Fred Hodge,
Patricia and David Bennett, Sheila
and Mike Trant, Joe Vosicky, Jean
and Peter Conroy, Frank Soldano,
Joseph Reamer, Elizabeth and
Charles Laliberte v. Elmhurst Public
Schools, District 205
James R. Thompson Center
100 West Randolph, Room 512
Chicago
2/28/07
1:00 PM
R07-08
In the Matter of: Proposed
Amendments to Solid Waste Landfill
Rules, 35 Ill. Adm. Code 810 and
811
Pollution Control Board
Conference Room
1021 N. Grand Avenue East
(North Entrance, IEPA
Building)
Springfield
3/1/07
9:30 AM
R07-08
In the Matter of: Proposed
Amendments to Solid Waste Landfill
Rules, 35 Ill. Adm. Code 810 and
811
Pollution Control Board
Conference Room
1021 N. Grand Avenue East
(North Entrance, IEPA
Building)
Springfield
3/1/07
11:00 AM
Illinois Pollution Control Board Meeting
Illinois Pollution Control
Board
Hearing Room
1021 North Grand Avenue
East
North Entrance
Springfield
3/07/07
10:30 AM
R07-9
In the Matter of: Triennial Review
of Sulfate and Total Dissolved Solids
Water Quality Standards: Proposed
Amendments to 35 Ill. Adm. Code
302.102(b)(6), 302.102(b)(8),
302.102(b)(10), 302.208(g),
309.103(c)(3), 405.109(b)(2)(A),
IEPA Office Building
Training Room 1214 West
1021 N. Grande Avenue East
(North Entrance)
Springfield
Environmental Register – January 2007
16
409.109(b)(2)(B), 406.100(d);
Repealer of 35 Ill. Adm. Code
406.203 and Part 407; and Proposed
News 35 Ill. Adm. Code 302.208(h)
3/14/07
9:00 AM
AC 06-49
IEPA v. Michael Gruen and Jon Eric
Gruen, d/b/a Jon’s Tree Service
(IEPA File No. 96-06-AC)
Carlinville City Hall Council
Chambers
550 N. Broad Street
Carlinville
3/15/07
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 9-040
100 W. Randolph Street
Chicago
4/5/07
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
4/19/07
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 9-040
100 W. Randolph Street
Chicago
04/23/07
10:00 AM
R07-9
In the Matter of: Triennial Review
of Sulfate and Total Dissolved Solids
Water Quality Standards: Proposed
Amendments to 35 Ill. Adm. Code
302.102(b)(6), 302.102(b)(8),
302.102(b)(10), 302.208(g),
309.103(c)(3), 405.109(b)(2)(A),
409.109(b)(2)(B), 406.100(d);
Repealer of 35 Ill. Adm. Code
406.203 and Part 407; and Proposed
News 35 Ill. Adm. Code 302.208(h)
James R. Thompson Center
Room 9-031
100 W. Randolph
Chicago
5/3/07
11:00 AM
Illinois Pollution Control Board Meeting
Illinois Pollution Control
Board
Hearing Room
1021 North Grand Avenue
East
North Entrance
Springfield
5/16/07
9:00 AM
AC 06-16
IEPA v. Rex D. Evans and Roy W.
Evans, Jr. (Road Dist. No.
10/Evans)(IEPA File No. 442-05-
AC)(Consolidated: AC 06-16 and
AC 06-17
Municipal Building
2
nd
Floor Commission Room
200 W. Douglas
Jacksonville
5/16/07
9:00 AM
AC 06-17
IEPA v. Rex D. Evans and Roy W.
Evans, Jr. (Road Dist. No.
11/Evans)(IEPA File No. 443-05-
Municipal Building
2
nd
Floor Commission Room
200 W. Douglas
Environmental Register – January 2007
17
AC)(Consolidated: AC 06-16 and
AC 06-17
Jacksonville
5/17/07
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 9-040
100 W. Randolph Street
Chicago
Illinois Environmental Protection Agency
Division of Public Water Supplies
Restricted Status List - Public Water Supplies
JANUARY 2007
SYSTEM NAME
EPA
RGN
NATURE OF PROBLEM
POP
SERVED
LISTING
DATE
ALTERNATIVE
BEHAVIOR TREATMENT
CENTER - IL0977189
2
INADEQUATE PRESSURE
TANK
50
6/15/1988
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
12/14/1990
CHANDLERVILLE -
IL0170200
5
INAD & UNAPPROVED
STORAGE
704
1/1/2006
COOKSVILLE - IL1130400
4
TTHM & HALOACIDIC
ACIDS
300
9/15/2005
Environmental Register – January 2007
18
SYSTEM NAME
EPA
RGN
NATURE OF PROBLEM
POP
SERVED
LISTING
DATE
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 CORPORATION -
IL1975640
2
INADEQUATE PRESSURE
TANK
135
3/15/1996
EASTMORELAND WTR
SERVICE ASSN -
IL1975600
2
INADEQUATE PRESSURE
TANK
650
3/20/1981
EATON PWD - IL0335100
4
INADEQUATE SOURCE
CAPACITY
920
3/15/2002
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
Environmental Register – January 2007
19
SYSTEM NAME
EPA
RGN
NATURE OF PROBLEM
POP
SERVED
LISTING
DATE
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
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 PRESSURE
TANK
200
9/15/1999
INGALLS PARK
SUBDIVISION - IL1975880
2
INADEQUATE PRESSURE
TANK
745
9/16/1983
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
Environmental Register – January 2007
20
SYSTEM NAME
EPA
RGN
NATURE OF PROBLEM
POP
SERVED
LISTING
DATE
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
MOECHERVILLE WATER
DISTRICT - IL0895300
2
INADEQUATE PRESSURE
TANK
975
3/20/1981
MOUND PWD - IL1635050
6
INADEQUATE PLANT
CAPACITY
2200
6/17/1996
NORTHWEST BELMONT
IMPRV 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
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
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
Environmental Register – January 2007
21
SYSTEM NAME
EPA
RGN
NATURE OF PROBLEM
POP
SERVED
LISTING
DATE
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
RIDGECREST NORTH
SUBDIVISION - IL0635250
2
INADEQUATE PRESSURE
TANK
60
9/16/1993
RIDGEWOOD LEDGES
WATER ASSOCIATION -
IL1615670
1
INADEQUATE PRESSURE
TANK
370
3/20/1981
RIDGEWOOD
SUBDIVISION - IL1977650
2
INADEQUATE PRESSURE
TANK
250
6/18/1982
SHAWNITA TRC WATER
ASSOCIATION - IL1977690
2
INADEQUATE PRESSURE
TANK
125
9/17/1992
SILVIS HEIGHTS WATER
CORP - IL1615750
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
COMMSSION WELLFUND
3 - IL0437040
2
INADEQUATE PRESSURE
TANK
30
12/15/1989
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
Environmental Register – January 2007
22
SYSTEM NAME
EPA
RGN
NATURE OF PROBLEM
POP
SERVED
LISTING
DATE
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
9/15/2005
WONDER LAKE WATER
COMPANY - IL1115750
2
INADEQUATE PRESSURE
TANK
1442
6/16/1994
YORK CENTER COOP -
IL0437550
2
INADEQUATE PRESSURE
TANK
240
6/15/1988
WATER SYSTEMS REMOVED FROM PREVIOUS LIST
ALTO PASS – IL1815150
BEECHER – IL1970050
ROBINSON-PALESTINE WATER COMMISSION – IL0335030
Illinois Environmental Protection Agency
Division of Public Water Supplies
Critical Review List - Public Water Supplies
JANUARY 2007
SYSTEM NAME
EPA
RGN
NATURE OF PROBLEM
POP
SERVED
LISTING
DATE
Environmental Register – January 2007
23
SYSTEM NAME
EPA
RGN
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
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
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
EFFINGHAM – IL0490250
4
INADEQUATE
DISINFECTION
12384
7/1/2006
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
*GRIGGSVILLE –
IL1490300
5
INADEQUATE
TREATMENT PLANT
CAPACITY
1259
10/1/2006
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
LA MOILLE - IL0110500
1
INADEQUATE PLANT
CAPACITY
750
6/15/1999
LA SALLE - IL0990300
1
INAD PLANT & SOURCE
CAPACITY
9700
11/1/2004
Environmental Register – January 2007
24
SYSTEM NAME
EPA
RGN
NATURE OF PROBLEM
POP
SERVED
LISTING
DATE
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 STORAGE
CAPACITY
2558
1/1/2006
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 WTR CMSN -
IL1675150
5
INADEQUATE SOURCE
CAPACITY
1350
3/15/1998
NAUVOO – IL0670500
5
INADEQUATE
DISINFECTION
1612
7/1/2006
*O’FALLON – IL1970050
2
INADEQUATE STORAGE
CAPACITY
43596
10/1/2006
OTTER CREEK LAKE
UTILITIES DISTRICT -
IL2015320
1
INADEQUATE STORAGE
CAPACITY
2753
1/1/2006
OTTER LAKE WTR CMSN
– IL1175200
5
INADEQUATE PLANT
CAPACITY
1251
7/1/2006
*ROBINSON-PALESTINE
WATER COMMISSION –
IL0335030
4
INADEQUATE PLANT
CAPACITY
11317
1/1/2007
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
8420
1/1/2006
Environmental Register – January 2007
25
SYSTEM NAME
EPA
RGN
NATURE OF PROBLEM
POP
SERVED
LISTING
DATE
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 PRES 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
WORDEN - IL1191200
6
INADEQUATE STORAGE
CAPACITY
906
1/1/2006
WATER SYSTEMS REMOVED FROM PREVIOUS LIST
BLUFORD - IL0810100
Restricted Status/Critical Review
The Environmental Protection Act prohibits the Agency from issuing a construction permit that
will cause or extend a violation. A construction permit to expand the distribution system cannot be
granted when a water supply has a maximum contaminant level or treatment technique violation,
an inadequate source of raw water supply, inadequate treatment plant capacity, finished water
storage or distribution system pressure. A Restricted Status List is published quarterly in the
Illinois Pollution Control Board Environmental Register to notify those persons considering
expansion of a water supply distribution system of that status before large sums of money have
been spent on items such as land acquisition, financing and engineering fees. A companion
Critical Review List is published concurrently with the Restricted Status List and has the water
supplies that are approaching a point where the supply could be placed on Restricted Status. A
permit application from a supply on Critical Review will be examined carefully to ensure that the
proposed construction will not cause a violation. Restricted Status and Critical Review are
presented as a combined list with the status of the water supply denoted as either RS (Restricted
Status) or CR (Critical Review). The current list reflects the status as of January 1, 2006. An
asterisk, * , beside the water supply indicates public water supplies that have been added to the
Restricted Status/Critical Review list since the previous publication.
Restricted Status List
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.
Environmental Register – January 2007
26
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.
Critical Review List
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.
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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
