0907_A
1. Web Site: http://www.ipcb.state.il.us
0907_B
0907_C

G. Tanner Girard, Acting Chairman

Board Members:

Thomas E. Johnson, Andrea S. Moore, Shundar Lin, and Gary Blankenship

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

(312) 814-3620

(312) 814-6032 TDD

Illinois Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

(217) 524-8500

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

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rulemaking dockets. Below, I’ve

summarized recent activity. As always, information about these proceedings is available

through the Clerk’s Office Online (COOL) through our Web site at

www.ipcb.state.il.us

.

On July 23, 2009, the Board approved a final opinion and order adopting regulations in

Section 27 Proposed Rules for Nitrogen Oxide (NO

x

) Emissions From Stationary

Reciprocating Internal Combustion Engines and Turbines: Amendments to 35 Ill. Adm.

Code Parts 211 and 217 (R07-19). The Joint Committee on Administrative Rules

(JCAR) had issued its Certificate of No Objection to these rules on July 14, 2009.

Also, on July 23, 2009, the Board adopted a second notice opinion and order in the

docket entitled Nitrogen Oxides Emissions From Various Source Categories,

Amendments to 35 Ill. Adm. Code Parts 211 and 217 (R08-19). This rulemaking is on

the JCAR’s agenda for their August 18, 2009 meeting.

The Board held hearings in two rulemakings in July. On July 23, 2009, the Board held

a second hearing in Springfield for the rulemaking entitled In the Matter of: Nitrogen Oxide (NO

x

) Trading Program

Sunset Provisions for Electric Generating Units (EGU's): New 35 Ill. Adm. Code 217.751 (R09-20). On July 28 and

29, 2009, the Board held the 29th and 30th days of hearing on the proposal entitled Water Quality Standards and

Effluent Limitations for the Chicago Area Waterway System and the Lower Des Plaines River: Proposed

Amendments to 35 Ill. Adm. Code 301, 302, 303 and 304 (R08-9). The Board has scheduled additional hearing

days for R08-9 in August, October and November.

The Board received two new rulemaking proposals from the Illinois Environmental Protection Agency in July. One

is entitled In the Matter of: Reasonably Available Control Technology (RACT) for Volatile Organic Material

Emissions from Group II Consumer & Commercial Products: Proposed Amendments to 35 Ill. Adm. Code 211, 218,

and 219

(R10-8). This rulemaking proposal seeks adoption of regulations to control emissions of volatile organic

material for Group II Consumer and Commercial Products in ozone nonattainment areas. The second is entitled In

the Matter of: Financial Assurance Instruments--Renewal and Terms: Amendments to 35 Ill. Adm. Code

807.Subpart F, 810.104 and 811.Subpart G (R10-9). This rulemaking proposal updates non-hazardous waste landfill

regulations relating to financial assurance to be more consistent with hazardous waste financial assurance standards.

The Board welcomes public participation in our rulemaking process. For information on how to participate, please

visit our website at

www.ipcb.state.il.us

.

Sincerely,

Dr. G. Tanner Girard

Environmental Register – July 2009

2

nonattainment with respect to National Ambient Air Quality Standards (NAAQS). The IEPA indicates that NO

x

is a

primary precursor to the formation of ozone and is also a precursor to the formation of particulate matter that is 2.5

micrometers or smaller in size (PM

2.5

).

The IEPA negotiated with interested participants and agreed to revise certain provisions in order to memorialize

agreements with them. The resulting amendments address issues including, but not limited to, compliance deadlines,

deadlines for installing CEMS, and emissions limitations. The Board has held two public hearings concerning the

proposal and various suggested amendments to it.

Opinions and orders of the Board, hearing officer orders, hearing transcripts, and other documents in rulemaking

records are posted on the Board’s Web site. Copies may be obtained by calling the Clerk’s office at 312-814-3620

and payment of any charges, or by downloading them without charge from the Board’s Website at

www.ipcb.state.il.us.

For more information contact Tim Fox at 312-814-6085 or email at foxt@ipcb.state.il.us.

Board Actions

July 23, 2009

Via Video Conference

Springfield and Chicago, Illinois

Rulemakings

R07-19

In the Matter of: Section 27 Proposed Rules for Nitrogen Oxide (NOx)

Emissions From Stationary Reciprocating Internal Combustion Engines and

Turbines: Amendments to 35 Ill. Adm. Code Parts 211 and 217– The Board

adopted a final opinion and order in this rulemaking amending the Board’s air

pollution control regulations.

5-0

Air

R08-19

In the Matter of: Nitrogen Oxides Emissions From Various Source

Categories, Amendments to 35 Ill. Adm. Code Parts 211 and 217 – The Board

adopted a second notice opinion and order in this rulemaking proposal to

amend the Board’s air pollution control regulations.

5-0

Air

R10-1

SDWA Update, USEPA Amendments (January 1, 2009 through June 30,

2009) – The Board reserved this docket for a routine update to make the

Board rules “identical in substance” to United States Environmental Protection

Agency rules adopted during the update period.

Land

R10-2

UIC Update, USEPA Amendments (January 1, 2009 through June 30, 2009) –

The Board reserved this docket for a routine update to make the Board rules

“identical in substance” to United States Environmental Protection Agency

rules adopted during the update period.

Land

Environmental Register – July 2009

3

R10-3

RCRA Subtitle D (Municipal Solid Waste Landfill) Update, USEPA

Amendments (January 1, 2009 through June 30, 2009) – The Board reserved

this docket for a routine update to make the Board rules “identical in

substance” to United States Environmental Protection Agency rules adopted

during the update period.

Land

R10-4

RCRA Subtitle C (Hazardous Waste) Update, USEPA Amendments (January

1, 2009 through June 30, 2009) – The Board reserved this docket for a routine

update to make the Board rules “identical in substance” to United States

Environmental Protection Agency rules adopted during the update period.

Land

R10-5

UST Update, USEPA Amendments (January 1, 2009 through June 30, 2009) –

The Board reserved this docket for a routine update to make the Board rules

“identical in substance” to United States Environmental Protection Agency

rules adopted during the update period.

Land

R10-6

Wastewater Pretreatment Update, USEPA Amendments (January 1, 2009

through June 30, 2009) – The Board reserved this docket for a routine update

to make the Board rules “identical in substance” to United States

Environmental Protection Agency rules adopted during the update period.

Water

R10-7

Definition of VOM Update, USEPA Amendments (January 1, 2009 through

June 30, 2009) – The Board reserved this docket for a routine update to make

the Board rules “identical in substance” to United States Environmental

Protection Agency rules adopted during the update period.

Air

Adjusted Standard

AS 09-3

In the Matter of: Petition of Westwood Lands, Inc. for an Adjusted Standard

from Portions of 35 Ill. Adm. Code 807.104 and 35 Ill. Adm. Code 810-103

or in the Alternative, a Finding of Inapplicability

– The Board accepted

petitioner’s amended petition for an adjusted standard petition for its facility

located at 4 Caine Drive, Madison, Madison County and directed the Illinois

Environmental Protection Agency to file its recommendation.

5-0

Land

Administrative Citations

AC 09-39

IEPA v. Donald Sapp – The Board accepted for hearing respondent’s petition

for review of this administrative citation involving a Pike County facility.

5-0

AC 09-41

IEPA v. Mark A. Lewis – The Board accepted respondent’s amended petition

for review, but directed respondent to file another amended petition to cure

deficiencies on or before August 24, 2009.

5-0

AC 09-42

IEPA v. Brian Collins – The Board found that this Franklin County respondent

violated Sections 21(p)(1), (p)(3), and (p)(7) of the Environmental Protection

Act (415 ILCS 5/21(p)(1), (p)(3), and (p)(7) (2008)), and ordered respondent

to pay a civil penalty of $4,500.

5-0

Environmental Register – July 2009

4

AC 09-45

IEPA v. Stanley Mouser – The Board dismissed respondent’s petition for

review as untimely filed. The Board found that this Alexander County

respondent violated Sections 21(p)(1) and (p)(7) of the Environmental

Protection Act (415 ILCS 5/21(p)(1),(p)(7) (2008)), and ordered respondent to

pay a civil penalty of $3,000.

5-0

AC 09-47

IEPA v. D & B Refuse Service, Inc. and Steve Loveall – The Board accepted

for hearing respondents’ petition for review of this administrative citation

involving a Moultrie County facility.

5-0

AC 09-48

IEPA v. Montel & Aneita Metzger – The Board accepted for hearing

respondents’ petition for review of this administrative citation involving a

Woodford County facility.

5-0

AC 09-51

IEPA v. Springfield Iron & Metal Co., Inc. and Russell & Evelyn Weller – The

Board found that these Sangamon County respondents violated Sections

21(p)(1) of the Environmental Protection Act (415 ILCS 5/21(p)(1) (2008)).

Because there is one violation of Section 21(p) and this violation is a second or

subsequent adjudicated violation, the Board ordered respondents to pay a civil

penalty of $3,000.

5-0

AC 09-52

County of LaSalle v. Ernest W. Foster – The Board directed respondent to file

an amended petition for review on or before August 24, 2009, or this action

will be subject to dismissal.

5-0

AC 09-53

IEPA v. Marty D. Leigh and Peggy J. Leigh – The Board found that these Clay

County respondents violated Sections 21(p)(1) and (p)(5) of the Environmental

Protection Act (415 ILCS 5/21(p)(1),(p)(5) (2008)), and ordered respondents

to pay a civil penalty of $3,000.

5-0

AC 09-54

IEPA v. Richard A. & David J. Krumholz d/b/a Krumholz Brothers

Landscaping – The Board accepted for hearing respondents’ petition for

review of this administrative citation involving a Peoria County facility.

5-0

Adjudicatory Cases

PCB 04-215

PCB 04-216

Commonwealth Edison Company v. IEPA

Midwest Generation EME, LLC v. IEPA v. IEPA – The Board granted parties

joint motion to consolidate these two trade secret appeals.

5-0

T-S

Air

PCB 05-51

People of the State of Illinois v. Randy Oldenberger d/b/a Environmental

Health and Safety – The Board granted complainant’s motion for summary

judgment. The Board found that respondent had violated Sections 9(a) and

9.1(d)(1) of the Environmental Protection Act (415 ILCS 5/9(a) and 9.1(d)(1)

(2008)); 35 Ill. Adm. Code 201.141; and 40 C.F.R. 61.145(b)(1), (b)(3)(iv),

(b)(4)(vi), (c)(3), and (c)(6)(i) and 61.150(a)(1) and (b). Respondent was

ordered to pay a civil penalty of $56,500.00.

5-0

A-E

PCB 06-159

People of the State of Illinois v. Gary Simmons and Lawrence County Disposal

Centre, Inc. – In this interim opinion and order, the Board found that

respondents had violated Sections 9(a), 21(d)(1) and (d)(2), and 22.17(a) and

(b) of the Environmental Protection Act (415 ILCS 5/9(a), 21 (d)( 1) and

(d)(2), and 22.17(a) and (b) (2008)), 35 Ill. Adm. Code 745.201(b);

5-0

L-E

Environmental Register – July 2009

5

811.109(a); 811.111(c)(1)(A), (c)(2), and (c)(5); 811.310(c); 811.312(c);

811.315(e)(1)(G); 811.319(a), (a)(1), (a)(2), and (a)(3); 811 .320(d)(1);

813.501; and 813.502(a) of the Board’s regulations. The Board assessed civil

penalties of $10,000 against Lawrence County Disposal Centre, Inc. (Disposal

Centre), $1,000 against Gary Simmons individually. The Board assessed the

time use value $118,421.90 against the Disposal Centre to recoup the economic

benefit earned through non-compliance. On or before August 27, 2009,

complainant must file an affidavit of attorney fees and calculate time use value;

any response is due within 21 days of receipt of the affidavit of attorney fees.

PCB 08-76

Anne McDonagh and David Fishbaum v. Richard Michelon and Amy

Michelon – The Board granted complainants’ motion to dismiss.

5-0

N-E

PCB 08-83

People of the State of Illinois v. Rupe Contracting, Inc. and John A. Rupe,

individually and as owner and operator of Rupe Contracting, 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 Bureau County facility, the Board ordered publication of the

required newspaper notice.

5-0

W-E

PCB 09-3

People of the State of Illinois v. Praedium Development Corporation and Plaza

Excavating, Inc. – In this water enforcement action concerning a Lake 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) (2006)),

accepted a stipulation and settlement agreement, and ordered the respondents

to pay a total civil penalty of $40,000, and to cease and desist from further

violations.

5-0

W-E

PCB 09-23

People of the State of Illinois v. James R. Cantrell – 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 White County facility, the Board ordered publication of the required

newspaper notice.

5-0

W-E

PCB 09-27

People of the State of Illinois v. Richard King, Kay King, and Isaac King –

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.

5-0

A-E

PCB 09-32

People of the State of Illinois v. Whalen Manufacturing Company and Yetter

Manufacturing Company – In this water enforcement action concerning a

McDonough 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) (2006)), accepted a stipulation and settlement agreement, and

ordered the respondents to pay a total civil penalty of $20,000 ($10,000 each),

and to cease and desist from further violations.

5-0

W-E

PCB 09-47

People of the State of Illinois v. Birds Pinkstaff Water District – 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 Lawrence County facility, the Board ordered

publication of the required newspaper notice.

5-0

PWS-E

Environmental Register – July 2009

6

PCB 09-62

John Tarkowski v. IEPA – The Board denied petitioner’s motion to reconsider

its May 21, 2009 order.

5-0

P-A, Land

PCB 09-63

J. I. Corporation v. IEPA – Having previously granted a request for a 90-day

extension, the Board dismissed this matter because no permit appeal was filed

on behalf of this facility located in Boone County.

UST Appeal

PCB 09-93

Ameren Energy Generating Company and Gibson City Power Plant v. IEPA –

The Board granted petitioners’ motion for a partial stay of the construction

permit.

5-0

P-A, Air

PCB 09-94

Ameren Energy Generating Company, Electric Energy, Inc., and Midwest

Electric Power, Inc. v. IEPA – The Board granted petitioners’ motion for a

partial stay of the construction permit.

5-0

P-A, Air

PCB 09-95

Ameren Energy Generating Company and Venice Power Plant v. IEPA – The

Board granted petitioners’ motion for a partial stay of the construction permit.

5-0

P-A, Air

PCB 09-96

Holland Energy, LLC v. IEPA – The Board granted petitioner’s motion for a

partial stay of the construction permit.

5-0

P-A, Air

PCB 09-97

Ameren Energy Generating Company and Elgin Energy Center v. IEPA – The

Board granted petitioners’ motion for a partial stay of the construction permit.

5-0

P-A, Air

PCB 09-98

Amerenue and Raccoon Creek Power Plant v. IEPA – The Board granted

petitioners’ motion for a partial stay of the construction permit.

5-0

P-A, Air

PCB 09-99

Union Electric Company d/b/a Amerenue and Goose Creek Power Plant v.

IEPA – The Board granted petitioners’ motion for a partial stay of the

construction permit.

5-0

P-A, Air

PCB 09-100

Union Electronic Company d/b/a Amerenue and Kinmundy Power Plant v.

IEPA – The Board granted petitioners’ motion for a partial stay of the

construction permit.

5-0

P-A, Air

PCB 09-101

Ameren Energy Generating Company and Grand Tower Power Plant v. IEPA –

The Board granted petitioners’ motion for a partial stay of the construction

permit.

5-0

P-A, Air

PCB 09-114

Peacock Oil Company v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Cook County facility.

5-0

UST Appeal

Environmental Register – July 2009

7

PCB 09-129

People of the State of Illinois v. Reliable Sand & Gravel Co., Inc.,

– The Board accepted for hearing this land enforcement action involving a site

located in McHenry County.

5-0

L-E

PCB 09-130

Spirit Energy, L.L.C. v. IEPA – The Board granted this request for a 90-day

extension of time to file an underground storage tank appeal on behalf of this

Jackson County facility.

5-0

UST Appeal,

90 Day Ext.

PCB 09-131

People of the State of Illinois v. Mohammad Akrabawi, d/b/a Deerfield

Crossings, LLC – The Board accepted for hearing this water enforcement

action involving a site located in DeKalb County.

5-0

W-E

PCB 10-1

Weeke Oil Company v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Washington County facility.

5-0

UST Appeal

PCB 10-2

City of Chicago Department of General Services 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 Cook County facility.

5-0

UST Appeal,

90 Day Ext.

PCB 10-3

Prairie Rivers Network and Sierra Club v. IEPA and Hillsboro Energy, LLC –

The Board accepted for hearing this third party permit appeal involving a

Montgomery County facility.

5-0

NPDES -PA, 3rd

Party

PCB 10-4

Keith & Kevin Erickson - Altona v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Keith & Kevin Erickson located in Knox

County are pollution control facilities for the purpose of preferential tax

treatment under the Property Tax Code (35 ILCS 200/11-10 (2008)).

5-0

T-C, W

PCB 10-5

Dickerson Petroleum, Inc. v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a St. Clair County facility. No

action was taken on petitioner’s motion to consolidate with PCB 09-87.

5-0

UST Appeal

PCB 10-7

Onken's Incorporated v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Mason County facility.

5-0

UST Appeal

Environmental Register – July 2009

8

New Cases

July 23, 2009 Board Meeting

09-129

People of the State of Illinois v. Reliable Sand & Gravel Co., Inc., – The Board accepted for hearing this

land enforcement action involving a site located in McHenry County.

09-130

Spirit Energy, L.L.C. v. IEPA – The Board granted this request for a 90-day extension of time to file an

underground storage tank appeal on behalf of this Jackson County facility.

09-131

People of the State of Illinois v. Mohammad Akrabawi, d/b/a Deerfield Crossings, LLC – The Board

accepted for hearing this water enforcement action involving a site located in DeKalb County.

10-1

Weeke Oil Company v. IEPA – The Board accepted for hearing this underground storage tank appeal involving

a Washington County facility.

10-2

City of Chicago Department of General Services 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 Cook County facility.

10-3

Prairie Rivers Network and Sierra Club v. IEPA and Hillsboro Energy, LLC – The Board accepted for hearing

this third party permit appeal involving a Montgomery County facility.

10-4

Keith & Kevin Erickson - Altona v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of Keith & Kevin Erickson located in Knox

County are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35

ILCS 200/11-10 (2008)).

10-5

Dickerson Petroleum, Inc. v. IEPA – The Board accepted for hearing this underground storage tank appeal

involving a St. Clair County facility. No action was taken on petitioner’s motion to consolidate with PCB 09-87.

10-6

Schroud Realty Group v. IEPA – No action taken.

10-7

Onken's Incorporated v. IEPA – The Board accepted for hearing this underground storage tank appeal

involving a Mason County facility.

AC 09-55

IEPA v. Jason D. & Angela R. Marrs d/b/a Marrs Hauling Landscaping & More – The Board accepted an

administrative citation against these Champaign County respondents.

AC 09-56

IEPA v. Gary J. and James R. Szczeblewski – The Board accepted an administrative citation against these

Franklin County respondents.

AC 10-1

IEPA v. Jess Spradlin d/b/a Spradlin Mobile Home Sales and Drewnard Woods and Kris Warren d/b/a

W&W Auto Service – The Board accepted an administrative citation against these Sangamon County respondents.

Environmental Register – July 2009

9

Adjusted Standards

LISTINGS OF ADJUSTED STANDARDS AND COMBINED SEWER

OVERFLOW EXCEPTIONS GRANTED BY THE BOARD DURING

FISCAL YEAR 2009

Section 28.1(d)(3) of the Environmental Protection Act (Act) (415 ILCS 5/28.1(d)(3) (2006)) requires the

Board to annually publish in the

Illinois Register

and

Environmental Register

a listing of all determinations made

pursuant to Section 28.1 at the end of each fiscal year. This notice sets forth all adjusted standard and combine

sewer overflow exception determinations made by the Board during the fiscal year 2009 (July 1, 2008, through June

30, 2009).

Final Actions Taken by the Pollution Control Board in Adjusted Standards Proceedings During Fiscal Year 2009

(July 1, 2008 through June 30, 2009)

Docket/Docket Title

Final Determination

In the Matter of: Petition of Stericycle, Inc. for an

Adjusted Standard from 35 Ill. Adm. Code

1422.111(b)(1), 1450.105(a, b), 1450.200(e) AS

08-02,

(August 21, 2008)

The Board granted an adjusted standard from 35 Ill.

Adm. Code 1422.111(b)(1) which requires each load

of Potentially Infectious Medical Waste (PIMW) to be

manually weighed and recorded. The adjusted

standard allows Stericycle to use weight measurement

and recording data generated at its PIMW treatment

facilities in Clinton, Illinois and Sturtevant, Wisconsin

for the calculation of PIMW transporter fees and other

regulatory purposes. The adjusted standard is subject

to conditions pertaining to proper weighing procedures.

The Board denied Stericycle’s request for an adjusted

standard from PIMW transporter fee regulations

adopted by the Agency in 35 Ill. Adm. Code

1450.105(a),(b), and 1450.200(e). The Board found

that it lacks authority under Section 28.1 of the

Environmental Protection Act to allow an adjusted

standard from these provisions.

In the Matter of: Petition of Big River Zinc

Corporation for an Adjusted Standard from 35 Ill.

Adm. Code 720.131(c) AS 08-09 (September 4,

2008)

The Board modified an existing adjusted standard (AS

99-3) issued to Big River Zinc (BRZ) for its

electrolytic refinery in Sauget, St. Clair County.

Pursuant to 35 Ill. Adm. Code 720.131, the Board may

determine that certain materials are not solid wastes if

they meet certain criteria. The adjusted standard

exempts zinc oxide recovered from electric arc furnace

(EAF) dust from the definition of “solid waste” and

“hazardous waste” under the Resource Conservation

and Recovery Act (RCRA). Thus, after washing the

EAF zinc oxide, BRZ will be able to sell the washed

material to third parties or to return the washed

material to suppliers. Without the modification, the

washed material would be required to undergo further

electrolytic zinc refining. This modification enabled

BRZ to re-open its Sauget facility which had ceased

process operations in June 2006.

In the Matter of: Petition for Adusted Standard

from 35 Ill. Adm. Code 620.420 for Nobel

The Board granted an adjusted standard to Nobel

Risley Landfill No. 2 for relief from groundwater

Environmental Register – July 2009

10

Risley’s Landfill No. 2 AS 08-03 (November 5,

2008)

quality standards for chloride and sulfate for its closed

landfill in Benton, Franklin County. The adjusted

standard increases the allowable chloride levels from

200 mg/L to 600 mg/L, and increases the allowable

sulfate limit from 400 mg/L to 2,381 mg/L in order to

allow the Illinois Environmental Protection Agency to

issue a closure certificate. The Board agreed with

petitioner that the cost for compliance with existing

standards is economically unreasonable. However, the

landfill remains subject to all other requirements of the

general groundwater quality standards as well as post-

closure care requirements.

In the Matter of: Petition of BFI Waste Systems

of North America, Inc. for Waste Delisting AS 08-

05 (December 4, 2008)

The Board granted an adjusted standard to BFI to delist

the leachate generated at the closed Phase I unit of

BFI’s Davis Junction Landfill in Ogle County from the

RCRA list of hazardous wastes. The Board found that

the leachate from the closed Phase I unit did not pose a

substantial present or potential threat to human health

or the environment. This delisting is site-specific,

waste stream-specific, and conditional. Only if the

conditions of the adjusted standard are met can BFI

dispose of the leachate as non-hazardous special waste.

To qualify, the Phase I unit leachate must not exhibit

any hazardous waste characteristic and must not exceed

any of the delisting level concentrations for the 43

chemicals set forth in the order. BFI must perform

required testing, and non-compliance means the

leachate cannot be transported or disposed of except as

hazardous waste until testing demonstrates a return to

compliance. The leachate will not be considered

delisted unless disposed of in a waste water treatment

facility in Illinois with a pretreatment program

approved by USEPA.

In the Matter of: Petition of Citgo Petroleum

Corporation and PDV Midwest Refining, L.L.C.

for an Adjusted

Standard from Ammonia Nitrogen Discharge

Levels at 35 Ill. Adm. Code 304.122 AS 08-08,

(December 18, 2008)

The Board granted petitioners an adjusted standard

from the Board’s water pollution regulations at 35 Ill.

Adm. Code 304.122(b) regarding the discharge of

ammonia nitrogen. Petitioners operate a petroleum

refinery in Lemont, Will County. When a source

whose untreated waste load cannot be computed on a

population equivalent basis comparable to that used for

municipal waste treatment plants discharges ammonia

nitrogen in amounts exceeding 100 pounds per day,

Section 304.122(b) limits the total ammonia nitrogen

concentration of the source’s effluent to 3.0mg/L.

Petitioners were granted an adjusted standard stating

that the refinery must meet a monthly average

limitation for ammonia nitrogen of 6.93 mg/L

whenever the monthly average discharge exceeds 100

pounds per day, and a daily limit of 10.61mg/L

whenever the daily discharge exceeds 200 pounds of

ammonia. The adjusted standard is subject to

Environmental Register – July 2009

11

numerous conditions, such as monitoring, reporting,

and working with the Agency on language for the

NPDES permit; adding wastewater storage capacity;

and continuing participation with the Petroleum

Environmental Research forum. The adjusted standard

will expire on December 31, 2013 unless petitioners

request the Board to terminate the adjusted standard at

an earlier date.

In the Matter of: RCRA Delisting Adjusted

Standard Petition of Peoria Disposal Company AS

08-10, (January 8, 2009)

The Board granted an adjusted standard to delist from

hazardous waste regulation the residue generated by

petitioner’s treatment of K061 electric arc furnace

(EAF) dust at the company’s waste stabilization facility

(WSF) in Peoria, Peoria County. EAF dust, produced

during steel production in electric furnaces, is a

hazardous waste under RCRA. Peoria Disposal

Company (PDC) sought the delisting based on new

proprietary stabilization technology. The residue

resulting from the new treatment process is referred to

as EAF dust stabilization residue (EAFDSR). The

Board found that PDC met the legal tests for delisting,

and the scientific evidence presented show that the

treatment residue does not pose a substantial present or

potential threat to human health or the environment.

The delisting is conditional, including detailed

requirements for testing, disposal, and limits on PDC’s

ability to alter its stabilization process without

amending the delisting. No batch of EAFDSR may

leave PDC’s facility for non-hazardous waste disposal

without proof that the batch does not contain chemical

concentrations in excess of those found to be safe.

More than 100 people attended the public hearing, and

the Board received more than 300 public comments.

In the Matter of: Petition of Ameren Energy

Generating Company for Adjusted Standards from

35 Ill. Adm. Code Parts 811, 814, 815 AS 09-1

(March 5, 2009)

The Board dismissed this petition on the grounds that a

site-specific rulemaking would be the appropriate

source of regulatory relief. Petitioner sought

regulatory relief to close an unlined ash impoundment

pond at its power station in Hutsonville, Crawford

County. (Ameren has since filed a rule proposal

pending in R09-21.)

In the Matter of: Petition of Illinois Department

of Transportation District 8, Bowman Avenue

Pump Station and Deep Well System, for an

Adjusted Standard from 35 Ill. Adm. Code

302.208(g) (NPDES Permit No. IL0090955, AS

08-1

(April 16, 2009)

The Board granted petitioner’s motion to voluntarily

dismiss this adjusted standard request. The Illinois

Department of Transportation (IDOT) had sought relief

from the Board’s water quality standards for sulfate

and total dissolved solids. In its request to withdraw its

petition, IDOT stated that USEPA had issued a letter to

the Illinois Environmental Protection Agency

approving the revised standards.

In the Matter of: Petition of Maximum

Investments, LLC for an Adjusted Standard from

35 Ill. Adm. Code 740.210(a)(3) for Stoney Creek

Landfill in Palos Hills, Illinois, AS 09-2

(June 18, 2009)

The Board dismissed this adjusted standard petition on

procedural grounds. Petitioner sought an adjusted

standard from the Board’s rules on the site remediation

program so that ultimately petitioner could receive a

release from liability as a prospective purchaser under

Section 22.2b of the Environmental Protection Act

(Act). However, Section 58.2 of the Act requires an

applicant to be an owner or operator, or to have

Environmental Register – July 2009

12

consent to act on behalf of the owner or operator. The

Board found that petitioner had neither authority, nor

consent. Because this requirement is statutory, the

Board found that it did not have the authority to grant

the adjusted standard.

Final Actions Taken by the Pollution Control Board in Combine Sewer Overflow Exception Proceedings During

Fiscal Year 2009 (July 1, 2008 through June 30, 2009)

The Board took no action in combined sewer overflow exception proceedings during fiscal year 2009, as

none were filed with the Board or pending during fiscal year 2009.

Request copies, noting the appropriate docket number, to:

Name:

John Therriault, Assistant Clerk

Address:

Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Telephone:

312-814-3629

Address questions concerning this notice, noting the appropriate docket number, to:

Name:

Carol Webb

Address:

Pollution Control Board

1021 North Grand Avenue East

Springfield, Illinois 62794-9274

Telephone:

217-524-8509

email:

webbc@ipcb.state.il.us

Calendar

8/6/09

11:00 AM

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

Chicago

8/13/09

9:00 AM

R08-09

In the Matter of: Water Quality

Standards and Effluent Limitations for the

Chicago Area Waterway System and the

Lower Des Plaines River: Proposed

Amendments to 35 Ill. Adm. Code 301,

302, 303 and 304

Michael Bilandic Building

Room N-505

160 N. LaSalle

Chicago

8/14/09

9:00 AM

R08-09

In the Matter of: Water Quality

Standards and Effluent Limitations for the

Chicago Area Waterway System and the

Lower Des Plaines River: Proposed

Amendments to 35 Ill. Adm. Code 301,

302, 303 and 304

James R. Thompson Center

Room 9-031

100 W. Randolph

Chicago

Environmental Register – July 2009

13

8/20/09

11:00 AM

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

Chicago

8/26/09

10:00 AM

PCB 07-45

People of the State of Illinois v. General

Waste Services, Inc., and Illinois

Corporation

St. Clair County Building

Room 402

10 Public Square

Belleville

9/3/09

11:00 AM

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

Chicago

9/16/09

9:00 AM

PCB 05-14

Dickerson Petroleum, Inc. v IEPA

(Consolidated: PCB 09-87 and 10-5)

Illinois Pollution Control Board

Hearing Room

1021 N. Grand Avenue East

(North Entrance)

Springfield

9/16/09

9:00 AM

PCB 10-05

Dickerson Petroleum, Inc. v IEPA

(Consolidated: PCB 09-87 and 10-5)

Illinois Pollution Control Board

Hearing Room

1021 N. Grand Avenue East

(North Entrance)

Springfield

9/17/09

11:00 am

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

Chicago

9/29/09

8:30 AM

R09-21

In the Matter of: Ameren Ash Pond

Closure Rules (Hutsonville Power

Station) Proposed: 35 Ill. Adm. Code

840.101 through 840.144

(Continues until complete or through

September 30, 2009)

Crawford County Courthouse

Annex

County Board Room, Second

Floor

100 Douglas Street

Robinson

10/1/09

11:00 am

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

Chicago

10/5/09

10:00 AM

R08-09

In the Matter of: Water Quality

Standards and Effluent Limitations for the

Chicago Area Waterway System and the

Lower Des Plaines River: Proposed

Amendments to 35 Ill. Adm. Code 301,

302, 303 and 304

Michael Bilandic Building

Room N-505

160 N. LaSalle

Chicago

10/15/09

11:00 am

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

Chicago

Environmental Register – July 2009

14

10/27/09

9:00 AM

R10-08

In the Matter of Reasonable Available

Control Technology (RACT) for Volatile

Organic Material emissions from Group

II Consumer & Commercial Products:

Proposed Amendments to 35 Ill. Adm.

Code 211, 218, and 219

(Continues until complete or through

October 28, 2009)

Madison County Administration

Building

County Board Room #203

157 North Main

Edwardsville

11/4/09

10:00 AM

PCB 09-46

Prairie Rivers Network and Sierra Club v.

Illinois Environmental Protection Agency

and Sugar Camp Energy, L.L.C.

(Continues until complete or through

November 5, 2009)

City Hall County Room

500 W. Main Street

Benton

11/5/09

11:00 am

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

Chicago

11/9/09

9:00 AM

R08-09

In the Matter of: Water Quality

Standards and Effluent Limitations for the

Chicago Area Waterway System and the

Lower Des Plaines River: Proposed

Amendments to 35 Ill. Adm. Code 301,

302, 303 and 304

(Continues until complete or through

November 10, 2009)

Michael Bilandic Building

Room N-502

160 N. LaSalle

Chicago

11/19/09

11:00 am

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

Chicago

12/3/09

11:00 am

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

Chicago

12/8/09

9:00 AM

R10-08

In the Matter of Reasonable Available

Control Technology (RACT) for Volatile

Organic Material emissions from Group

II Consumer & Commercial Products:

Proposed Amendments to 35 Ill. Adm.

Code 211, 218, and 219

(Continues until complete or through

December 9, 2009)

James R. Thompson Center

Room 9-039

100 W. Randolph

Chicago

12/17/09

11:00 am

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

Chicago

Environmental Register – July 2009

15

Illinois Environmental Protection Agency

Division of Public Water Supplies

Restricted Status List - Public Water Supplies

JULY 2009

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

ATHENS – IL1290050

5

INADEQUATE TREATMENT

CAPACITY

4350

10/1/2007

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

BUFFALO HOLLOW FARMS WATER ASSOCIATION

– IL1430080

5

INADEQUATE PRESSURE

STORAGE

44

6/16S/2008

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

CHESTERFIELD – IL1170200

5

TOTAL TRIHALOMETHANE

180

3/15/2007

COOKSVILLE - IL1130400

4

TTHM & HALOACIDIC ACIDS

300

9/15/2005

COYNE CNTR COOP - IL1615150

1

INADEQUATE PRESSURE TANK

150

12/15/1997

CROPSEY COMMUNITY WATER - IL1135150

4

INADEQUATE PRESSURE TANK

31

3/20/1981

CRYSTAL CLEAR WATER COMPANY - IL1115150

2

INADEQUATE PRESSURE TANK

885

9/16/1988

D L WELL OWNERS ASSOCIATION - IL0975380

2

INADEQUATE PRESSURE TANK

141

3/18/1983

DE KALB UNIV DVL CORP - IL0375148

1

INADEQUATE PRESSURE TANK

1050

12/16/1992

DEERING OAKS SUBDIVISION - IL1115200

2

INADEQUATE PRESSURE TANK

60

12/17/1982

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

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

Environmental Register – July 2009

16

SYSTEM NAME

EPA

RGN

NATURE OF PROBLEM

POP

SERVED

LISTING

DATE

FRWRD-SKYLINE PLANT - IL0895030

2

INADEQUATE PRESSURE TANK

700

9/19/1986

GARDEN STREET IMPROVEMENT ASSOCIATION -

IL1975376

2

INADEQUATE PRESSURE TANK

54

9/15/1989

GOOD SHEPHERD MANOR - IL0915189

2

INADEQUATE PRESSURE TANK

25

3/17/1989

GREAT OAKS AND BEACON HILLS APARTMENTS -

IL2015488

1

INADEQUATE PRESSURE TANK

2420

12/17/1982

HAWTHORN WOODS - IL0970450

2

INADEQUATE PRESSURE TANK

672

3/15/1995

HEATHERFIELD SUBDIVISION - IL0635150

2

INADEQUATE PRESSURE TANK

75

9/17/1982

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

LAKE LYNWOOD WATER SYSTEM - IL0735330

1

INADEQUATE PRESSURE TANK

75

8/31/1981

LARCHMONT SUBDIVISION - IL2015290

1

INADEQUATE PRESSURE TANK

64

6/17/1983

LARSON COURT APARTMENTS - IL1615728

1

INADEQUATE PRESSURE TANK

58

1/14/1982

LEGEND LAKES WATER ASSOCIATION - IL2015300

1

INADEQUATE PRESSURE TANK

283

3/14/1991

LIBERTY PARK HOMEOWNERS ASSOCIATION -

IL0435600

2

INADEQUATE PRESSURE TANK

837

9/17/1992

LINDENWOOD WATER ASSOCIATION - IL1415300

1

INADEQUATE PRESSURE TANK

50

1/13/1982

LISBON NORTH, INC. - IL0631000

2

INADEQUATE PRESSURE TANK

30

9/14/1990

LONDON MILLS - IL0574620

5

INADEQUATE PRESSURE TANK

447

12/14/1984

LYNN CENTER - IL0735100

1

INADEQUATE PRESSURE TANK

100

3/15/1995

LYNNWOOD WATER CORPORATION - IL0995336

1

INADEQUATE PRESSURE TANK

110

3/18/1983

M C L W SYSTEM, INC. - IL1315150

1

INADEQUATE SOURCE

98

3/20/1981

MENARD RURAL WATER CO.(SWEETWATER SYSTEM)-

IL1290010

5

INADEQUATE SOURCE CAPACITY

490

10/1/2007

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

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

Environmental Register – July 2009

17

POLO DR AND SADDLE RD SUBDIVISION -

IL0437000

2

INADEQUATE PRESSURE TANK

90

12/17/1982

PORTS SULLIVAN LAKE OWNERS ASSOCIATION -

IL0971160

2

INADEQUATE PRESSURE TANK

293

6/15/1999

PRAIRIE RIDGE ASSOCIATION - IL1115730

2

INADEQUATE PRESSURE TANK

130

10/1/2004

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

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

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

WIENEN ESTATES - IL0850030

1

INADEQUATE PRESSURE TANK

70

12/15/1997

WONDER LAKE WATER COMPANY - IL1115750

2

INADEQUATE PRESSURE TANK

1442

6/16/1994

WATER SYSTEMS REMOVED FROM PREVIOUS LIST

Chandlerville – IL0170200

*

DENOTES ADDED WATER SUPPLIES

Environmental Register – July 2009

18

Illinois Environmental Protection Agency

Division of Public Water Supplies

Critical Review List - Public Water Supplies

JULY 2009

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

CANTON – IL0570250

5

INSUFFICIENT TREATMENT

CAPACITY

13932

3/15/2007

CASEYVILLE - IL1630250

6

INADEQUATE STORAGE

9900

10/1/2004

CEDARVILLE - IL1770050

1

EMERGENCY POWER

800

1/1/2006

COLLINSVILLE – IL1194280

6

INADEQUATE STORAGE

29500

1/1/2008

COLUMBIA - IL1330050

6

INADEQUATE PUMPING

CAPACITY

8365

3/15/1998

CROPPERS 1ST 4TH AND 5TH ADDITION -

IL1615250

1

UNDERSIZED WATERMAINS

650

1/1/2006

EDWARDSVILLE – IL1190250

5

INSUFFICIENT PLANT

CAPACITY TO HANDLE PEAK

SYSTEM WATER DEMAND

24,900

9/16/2008

EFFINGHAM – IL0490250

4

INADEQUATE DISINFECTION

12384

7/1/2006

ELIZABETH - IL0850150

1

LOW SYSTEM PRESSURE

682

6/15/1999

ELLIS GROVE – IL1570200

6

INSUFFICIENT STORAGE

CAPACITY

720

10/1/2007

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

IL AMERICAN-ALTON

6

APPROACHING WATER

TREATMENT PLANT

CAPACITY

51922

4/1/2009

Environmental Register – July 2009

19

SYSTEM NAME

EPA

RGN

NATURE OF PROBLEM

POP

SERVED

LISTING DATE

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

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

MARYVILLE – IL1190750

5

INADEQUATE STORAGE

800

3/17/2008

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

O’FALLON – IL1631100

2

INADEQUATE STORAGE

CAPACITY

43596

10/1/2006

OTTER LAKE WTR CMSN ADGPTV – IL1175200

5

INADEQUATE PLANT

CAPACITY

1251

7/1/2006

SCALES MOUND - IL0850400

1

LOW SYSTEM PRESSURE

400

9/15/1997

SENECA - IL0991050

1

INADEQUATE PLANT

CAPACITY AND UNDERSIZED

WATER MAINS

2053

6/15/1999

SOUTH HIGHWAY PWD - IL0775400

7

LOW SYSTEM PRESSURE &

UNDERSIZED WATERMAINS

8420

1/1/2006

STOCKTON - IL0850450

1

LOW SYSTEM PRESSURE

1871

6/15/1984

SUMNER - IL1010300

7

LOW SYSTEM PRESSURE

1481

12/13/1985

UTL INC-LAKE MARIAN WATER CORPORATION -

IL0895200

2

INAD PRES STORAGE & LOW

SYS PRES

924

9/14/1984

Environmental Register – July 2009

20

WALNUT HILL - IL1210600

6

LOW SYSTEM PRESSURE

1470

6/14/1985

WATERLOO - IL1330300

6

INADEQUATE STORAGE

7614

10/1/2004

WITT – IL1350850

5

INADEQUATE TREATMENT

CAPACITY

991

3/17/2008

WORDEN - IL1191200

6

INADEQUATE STORAGE

CAPACITY

906

1/1/2006

WATER SYSTEMS REMOVED FROM PREVIOUS LIST

* DENOTES ADDED WATER SUPPLIES

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 July 1,

2009. 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.

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.

Environmental Register – July 2009

21

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.

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Illinois Pollution Control Board

Environmental Register Coordinator

1021 N. Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

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