J. Philip Novak, Chairman
Board Members:
G. Tanner Girard, 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
Mercury/Universal Waste
At its February 3, 2005 meeting, the Illinois Pollution Control
Board proceeded to Second Notice with proposed rules amending the
Board’s regulations regarding standards for the management of universal
waste in R 05-8, Standards for Universal Waste Management (35 Ill. Adm.
Code Parts 703, 720, 721, 725, 728, and 733).
Public Act 93-0964, signed into law by Governor Blagojevich on
August 20, 2004, generated this rulemaking activity. P.A. 93-0964 added to
the Environmental Protection Act language designating mercury switches,
mercury relays, and scientific instruments and instructional equipment
containing mercury added during their manufacture as universal waste
subject to streamlined hazardous waste rules in the Board’s existing
regulations. The act also provided definitions for the terms “mercury relay”
and “mercury switch.”
P.A. 93-0964 also required the Illinois Environmental Protection Agency (Agency) to propose rules
reflecting that designation as universal waste within 60 days of the effective date of the Act. From the date of that
proposal, the Board has 180 days to adopt such rules.
On October 19, 2004, the Agency filed its rulemaking proposal with the Board. Through two hearings and
the required period of public comment, the Board has heard no substantive objection to the rules proposed by the
Agency. In its Second Notice opinion, the Board adopted that proposal with only minor technical changes.
The Board is confident that these rules will result in improved disposal of these materials containing
mercury. Information about this rulemaking procedure and the Board’s other cases is available through our Web
site at www.ipcb.state.il.us.
Electronic Filing
In 2004, the Board operated a voluntary pilot project introducing the option of electronic filing through its Clerk’s
Office Online (COOL) in specified categories of cases. Based on the positive results of that project, the Board has
expanded that option to all cases. The Board is pleased to keep pace with improvements in information technology
and encourages all parties to consider and use this electronic filing option. For more information, you may consult
either the Board’s Web site or John Therriault in our Clerk's office at (312) 814-3629.
Sincerely,
J. Philip Novak
Chairman
Environmental Register – January 2005
1
Inside This Issue:
FEDERAL UPDATE
P. 1
RULE UPDATE
P. 3
BOARD ACTIONS
P. 6
NEW CASES
P. 14
BOARD CALENDAR
P. 15
IEPA RESTRCITED STATUS LIST
P. 18
IEPA
Environmental Register – January 2005
2
United States Environmental Protection Agency Withdraws Direct Final Approval of the Illinois
Promulgation of Air Quality Implementation Plan Revisions
On January 11, 2005 (70 Fed. Reg. 1824) the United States Environmental Protection Agency (USEPA) withdrew
its November 12, 2004 (69 FR 65378) direct final rule approving a site specific revision to the sulfur dioxide
emissions limits for Central Illinois Light Company's (CILCO”S) Edwards Generating Station in Peoria County,
Illinois due to the receipt of an adverse comment. The direct final rule published at 69 FR 65378 on November 12,
2004 is withdrawn as of January 11, 2005.
Illinois submitted the CILCO site specific revision as a modification to the State Implementation Plan (SIP) for
Sulfur Dioxide on July 29, 2003. In the direct final rule, USEPA stated that if adverse comments were submitted by
December 13, 2004, the rule would be withdrawn and not take effect. On December 13, 2004, USEPA received a
comment that it believed was adverse and, therefore, withdrew the direct final rule.
As reported previously in the
Environmental Register
, (November 2004) this withdrawn SIP approval is identical to
an earlier temporary SIP revision, which USEPA approved on April 13, 2000 (65 FR 19838). The USEPA action is
based on a July 29, 2003, site-specific sulfur dioxide (SO2) SIP revision submission from the Illinois Environmental
Protection Agency (IEPA) for the Central Illinois Light Company's Edwards Generating Station in Peoria County,
Illinois (CILCO Edwards).
The Board granted CILCO’s petition for a site specific rule change for the Edwards generating station on June 5,
2003 in Petition of Central Illinois Light Company (E. D. Edwards Generating Station) for a Site Specific Air
Regulation: 35 Ill. Adm. Code 214.561 (R02-21). The adopted standards require that: average sulfur dioxide
emissions from Boiler Nos. 1, 2, and 3 at the generating station, as a group may not exceed 4.71 pounds per million
British thermal units (lb/mmBtu) of actual heat input; the average sulfur dioxide emissions from any one boiler may
not exceed 6.6 lb/mmBtu of actual heat input; and sulfur dioxide emissions for all three boilers, as a group, may not
exceed 34,613 pounds per hour, on a 24-hour average basis. USEPA will address the adverse comment in a
subsequent final action based upon the proposed action also published on November 12, 2004 (69 FR 65394).
USEPA will not institute a second comment period on this action.
For further information contact Mary Portanova, Environmental Engineer, Criteria Pollutant Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois
60604, Telephone: (312) 353-5954. E-Mail Address: portanova.mary@epa.gov
United States Environmental Protection Agency Publishes Notice of Opportunity to Animal Feeding
Operations To Sign Voluntary Air Compliance Consent Agreement and Final Order Involving Nationwide
Air Emissions Monitoring Study
On January 31, 2005 (70 Fed. Reg. 4957) the United States Environmental Protection Agency (USEPA) published a
notice of consent agreement and final order, and a request for public comment from animal feeding operations
(AFOs).
In this notice, USEPA offered AFOs an opportunity to sign a voluntary consent agreement and final order
(Agreement). Animal feeding operatios that choose to sign the Air Compliance Agreement will share responsibility
for funding an extensive, nationwide emissions monitoring study that will be used to lead to the development of
methodologies for estimating emissions from AFOs. Additionally the study will help AFOs to determine and
comply with their regulatory responsibilities under the Clean Air Act (CAA); the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA); and the Emergency Planning and Community Right-To-
Know Act (EPCRA). The Air Compliance Agreement is being offered to AFOs in the egg, broiler chicken, turkey,
dairy and swine industries that meet the definition of an AFO under the Clean Water Act. The Agreement will
address emissions coming from buildings or structures that house agricultural livestock, and from lagoons or similar
structures that are used for storage and/or treatment of agricultural livestock waste at participating AFOs. The Air
Compliance Agreement will not address AFOs that only have open-air feedlots, such as cattle feedlots, nor will it
address emissions from sources other than animal housing structures or agricultural livestock waste storage and
treatment units.
Environmental Register – January 2005
3
Once applicable emission estimating methodologies have been published by USEPA, the Agreement will also
require each participating AFO to certify that it is in compliance with all relevant requirements of the CAA,
CERCLA and EPCRA. USEPA is requesting comment on the Agreement, with particular emphasis on
implementation of the Agreement.
Comments must be received on or before March 2, 2005. The sign-up period for eligible AFOs to sign the
Agreement will run for 90 days from the date of the notice (through March 10, 2005).
Comments should be submitted to: Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460.
For information on the Air Compliance Agreement, contact Mr. Bruce Fergusson, Special Litigation and Projects
Division, Office of Enforcement and Compliance Assurance, U.S. EPA, Ariel Rios Building, Washington, DC
20460, telephone number (202) 564-1261, fax number (202) 564-0010, and electronic mail:
fergusson.bruce@epa.gov
Rule Update
Board Adopts Proposal for Public Comment in RCRA Subtitle D Update, USEPA Regulations (January 1,
2004 through June 30, 2004) (R05-01)
On January 6, 2005, the Board adopted a proposal for public comment in RCRA Subtitle D Update, USEPA
Regulations (January 1, 2004 through June 30, 2004) (R05-01). The rulemaking proposes amendments to the
Illinois regulations that are “identical-in-substance” to municipal solid waste landfill (MSWLF) regulations adopted
by the United States Environmental Protection Agency (USEPA). These USEPA rules implement Subtitle D of the
Resource Conservation and Recovery Act of 1976, 42 U.S.C §§ 6941-6949, (RCRA Subtitle D). This docket
includes federal MSWLF amendments that USEPA adopted in the period January 1, 2004 through June 30, 2004.
The rulemaking proposal was sent to the Secretary of State and published in the January 21, 2005 issue of the
Illinois Register
at 29 Ill. Reg. 1116, 1133, and 1155. The Board will accept public comments for 45 days after
publication, through March 7, 2005.
This proceeding proposes amendments to 35 Ill. Adm. Code 810, 811, and 813. The principal amendments relate to
the issuance of temporary research, development, and demonstration (RD&D) permits. Specifically, the RD&D
permits would allow exceptions to very limited landfill requirements to allow the use of innovative technologies at
landfills. The Board’s proposal is based on the suggestions made by the Illinois Environmental Protection Agency
(IEPA) in the IEPA’s September 2, 2004 public comments (PC 1). The proposal for public comment also makes a
limited number of non-substantive corrections and stylistic revisions to segments of the text covered by the federal
amendments.
USEPA amended the federal RCRA Subtitle D MSWLF regulations once during the January 1, 2004 through
June 30, 2004 period of docket R05-1. On March 22, 2004 (69 Fed. Reg. 13242), the USEPA amended the federal
rules to allow states to grant RD&D permits.
The USEPA action of March 22, 2004 (69 Fed. Reg. 13242) related to RD&D permits to allow the use of
innovative technology and practices at municipal solid waste landfills (MSWLFs). USEPA adopted a new
provision at 40 C.F.R. 258.4 allowing the states to grant a “variance” from very specific generally applicable
requirements:
1) 40 C.F.R. 258.26(a)(1), requiring the control of run-on to the active portion of the landfill from the peak
discharge of a 25-year storm event (corresponding with 35 Ill. Adm. Code 811.103(b)(1) and (b)(2) of the Board’s
regulations);
Environmental Register – January 2005
4
2) 40 C.F.R. 258.28(a), prohibiting the placement of bulk or non-containerized liquid waste in a landfill except
under very limited circumstances (corresponding with 35 Ill. Adm. Code 811.107(m)(1)); and
3) 40 C.F.R. 258.60(a)(1), (a)(2), and (b)(1), requiring the use of a final cover system that minimizes erosion and
infiltration into a landfill, which includes specific requirements pertaining to such criteria as permeability, thickness
of each layer, and the ability of the cover material to sustain native plant growth (corresponding with 35 Ill. Adm.
Code 811.314(a) through (c)).
Bioreactor Landfills Now Allowed Through Temporary Research, Development, and Demonstration Permits
The purpose of the federal amendments is to allow the operation of bioreactor landfills, which operate much
differently from conventional landfills. A conventional landfill is designed to lessen the potential for groundwater
contamination by minimizing the infiltration of rainwater, restricting the placement of liquid wastes in the landfill,
and minimizing the hydraulic head on the bottom liner to minimize percolation of contaminated leachate into the
ground. As USEPA explains in the preamble discussion of the federal amendments, a bioreactor landfill takes a
different approach in order to more rapidly stabilize the landfill:
Bioreactor
means a MSW landfill or portion of a MSW landfill where any liquid other than
leachate (leachate includes landfill gas condensate) is added in a controlled fashion into the waste
mass (often in combination with recirculating leachate) to reach a minimum average moisture
content of at least 40 percent by weight to accelerate or enhance the anaerobic (without oxygen)
biodegradation of the waste. 69 Fed. Reg. 13242, 13246 (Mar. 22, 2004) (quoting the definition of
“bioreactor” in the national emission standards for hazardous air pollutants (NESHAPs) rule in
Subpart AAAA of 40 C.F.R. 63 (2003)).
The generally-applicable federal landfill management requirements act as restrictions on the ability to operate a
bioreactor landfill. The operation of a bioreactor landfill requires the reintroduction of contaminated liquid to the
waste in the landfill, which is not allowed under the requirements of 40 C.F.R. 258.26(a)(1), 258.28(a), and
258.60(a)(1), (a)(2), and (b)(1) (corresponding with 35 Ill. Adm. Code 811.103(b)(1) and (b)(2), 811.107(m)(1),
and 811.314(a) through (c) of the Illinois regulations). The RD&D permit rule would allow relief from these rules
to permit the experimental operation of a bioreactor landfill.
Under the new federal provision, certain limitations apply to the availability of an RD&D permit. To obtain an
RD&D permit that allows alternative practices to the generally applicable run-on control system requirements
and/or the prohibition against placement of bulk or non-containerized liquids, the applicant must design and
construct the landfill’s leachate collection system so as to maintain less than a 30-centimeter (cm) leachate depth on
the bottom liner of the landfill. To obtain an RD&D permit that allows the use of alternative practices to the
generally applicable final cover requirements, the owner or operator must demonstrate that infiltration of liquid
through the alternative cover will not cause contamination of groundwater or surface water or cause the leachate
depth on the liner to exceed 30 cm. In issuing an RD&D permit the IEPA must include whatever terms and
conditions are necessary “to assure protection of human health and the environment.”
See
40 C.F.R. 258.4(c)
(2004).
Illinois Environmental Protection Agency Comment and Board’s Proposal to Authorize IEPA Issuance of Adjusted
Standard Process to Authorize IEPA Issuance of Temporary Research, Development, and Demonstration Permits
In PC 1, the IEPA suggested incorporation of the March 22, 2004 federal RD&D permit amendments into Part 813,
the procedural segment of the Illinois landfill regulations, as well as amendments to the general requirements of Part
810 and the substantive provisions of Part 811. The IEPA provided the Board with suggested text for the
amendments. There are two principal aspects of the IEPA suggestions that the Board has followed: (1) the
proposal follows the language and structure of the federal amendments as closely as possible; and (2) the proposal
includes amendments needed to add clarity to the substantive provisions from which alternative practices are now
allowed and to enhance implementation of the rules.
The most significant Board departure from the text of the federal RD&D rule is the inclusion of amendments to
segments of the substantive regulations. This is based on the IEPA suggestions in PC 1. The first was the addition
of the suggested definition of “research, development, and demonstration permit.” The second was the addition of
Environmental Register – January 2005
5
language that indicates the availability of an RD&D permit for relief from the generally-applicable requirements. A
third was the addition of the language relating to RD&D permits in the statement of the scope of Part 813.
One significant difference between the IEPA-suggested amendments of PC 1 and the proposal adopted by the Board
for public comment is that the Board has added the substance of 40 C.F.R. 258.4 to the Illinois rules as a new
Section 813.112 in the general provisions of Part 813, and not as a new Section 813.601 of a new Subpart F of that
Part.
A second significant difference between the IEPA-suggested amendments and those of the proposal relates to
termination of practices under the RD&D permit if something goes wrong. The IEPA-suggested amendments
would have allowed the IEPA to terminate operation under an RD&D permit if the objectives of the permit are not
being fulfilled, including protection of human health and the environment. In Illinois, only the Board has authority
to terminate a permit, and then only after an enforcement action, with the opportunities for notice and public
hearing.
See
415 ILCS 5/33(b) (2002). For this reason, the Board structured Section 813.112(d) (corresponding
with 40 C.F.R. 258.4(d)) to allow the IEPA to request immediate termination of operations under the permit. Permit
termination requires the IEPA or the Attorney General to file an enforcement action to obtain a Board order for
termination of operations.
Examination of the RD&D permit rule leads the Board to believe that the determination whether to allow an RD&D
permit that grants an exception from the generally-applicable regulations is one properly made by the Board as an
adjusted standard determination with the benefits of a record assembled using the adjusted standard procedure. The
proposed amendments are drafted to use the federally prescribed standards as the basis for a Board determination
whether to allow the use of any alternative practices. The RD&D permit determination is beyond the outer
boundary of the decision-making authority that can be conferred on the IEPA by regulation. The Board notes that
in the existing rules, the Board through the adjusted standard procedure must authorize “experimental practices.”
35 Ill. Adm. Code 813.110. Similarly, use of alternative standards and procedures in various specific areas must
also be Board-authorized by adjusted standards.
See, e.g.,
35 Ill. Adm. Code 811.106(c) (daily cover), 811.310(e)
(frequency of landfill gas monitoring), and 811.314(d) (infiltration barrier for the final cover system).
Copies of the Board’s opinion and order in R05-06 may be obtained by calling Dorothy Gunn at 312-814-3620, or
by downloading copies from the Board’s Web site at www.ipcb.state.il.us.
For additional information contact Michael J. McCambridge at 312-814-6924; e-mail address
mccambm@ipcb.state.il.us
Board Adopts Final Amendments in SDWA Update, USEPA Amendments (January 1, 2004 through June
30, 2004) R05-06
On January 20, 2005 the Board adopted a final order in SDWA Update, USEPA Amendments (January 1, 2004
through June 30, 2004) (R05-06). The Board adopted amendments to the Illinois regulations that are “identical in
substance” to drinking water regulations adopted by the United States Environmental Protection Agency (USEPA).
The USEPA rules, adopted from January 1, 2004 through June 30, 2004, implement Sections 1412(b), 1414(c),
1417(a), and 1445(a) of the federal Safe Drinking Water Act (SDWA) (42 U.S.C. §§ 300g-1(a), 300g-3(c), 300g-
6(a), and 300j-4(a) (1994)). The Board made only minor, nonsubstantive changes to the proposal it adopted for
public comment that was published in the
Illinois Register
on October 29, 2004 at 28 Ill. Reg. 13954. The adopted
rulemaking was filed with the Secretary of State’s Index department for final publication in the February 11, 2005
issue of the
Illinois Register
.
The Board approved one new analytical method for analysis of total coliforms and
E. coli
and three new methods
for analysis of uranium in drinking water. Another amendment makes a number of minor corrections to various
federal rules, including the Long Term 1 Enhanced Surface Water Treatment Rule, the Surface Water Treatment
Rule, and the Lead and Copper Rule.
Environmental Register – January 2005
6
The Board also acted in response to a comment from the Illinois Environmental Protection Agency (IEPA). The
June 29, 2004 (69 Fed. Reg. 38850) USEPA corrections deleted the final sentence of 40 C.F.R. 141.563(b). The
Board’s October 7, 2004 proposal for public comment inadvertently marked the final two sentences for deletion.
The Board restored those sentences in the adopted amendments.
Copies of the Board’s opinion and order in R05-06 may be obtained by calling Dorothy Gunn at 312-814-3620, or
by downloading copies from the Board’s Web site at www.ipcb.state.il.us.
For additional information contact Michael J. McCambridge at 312-814-6924; e-mail address
mccambm@ipcb.state.il.us
Board Actions
January 6, 2005
Via Videoconference
Springfield and Chicago, Illinois
Rulemakings
R05-1 In the Matter of: RCRA Subtitle D Update, USEPA Regulations (January 1,
2004 through June 30, 2004) – The Board adopted a proposal for public
comment in this “identical-in-substance” rulemaking to amend the Board’s
municipal solid waste landfill regulations.
5-0
R, Land
Adjusted Standards
AS 04-3 In the Matter of: Petition by Hayden Wrecking Corporation for an Adjusted
Standard from 35 Ill. Adm. Code 620.410(a) – The Board granted this St. Clair
County petitioner an adjusted standard, with conditions, from Class I
groundwater quality standards for arsenic, iron, lead, and manganese.
5-0
Water
AS 05-1 In the Matter of: Petition of SCA Tissue North America, L.L.C. for an Adjusted
Standard from 35 Ill. Adm. Code 218.301 and 218.302(c) – The Board dismissed
this petition for an adjusted standard for petitioner’s failure to timely publish
notice of the filing of the petition by advertisement in a newspaper of general
circulation in the area likely to be affected, as required by Section 28.1 of the
Environmental Protection Act (415 ILCS 5/28.1(d)(1) (2002)).
5-0
Air
Administrative Citations
AC 04-84 IEPA v. City of Salem, Roger Kinney, Dick Brown and Jason Bruce – In
response to a joint stipulation and settlement agreement in this administrative
citation action involving a Marion County facility, the Board found respondents
violated Section 21(o)(5) of the Environmental Protection Act (415 ILCS
5/21(o)(5) (2002)) and ordered respondent to pay a civil penalty of $500. The
Board also granted the parties’ joint motion to dismiss respondents’ petition for
review and the alleged violation of 415 ILCS 21(o)(12) (2002).
5-0
AC 05-31
IEPA v. Guiffre II, L.L.C. – The Board found that this Winnebago County
respondent violated Sections 21(p)(1) and (p)(7) of the Act (415 ILCS
5-0
Environmental Register – January 2005
7
5/21(p)(1), (p)(7) (2002)), and ordered respondent to pay a civil penalty of
$6,000, as these offense were subsequent to a previous finding of violation.
AC 05-35 IEPA v. Knox County Landfill Committee and Greg Ingle – The Board found
that these Knox County respondents violated Section 21(o)(5) of the
Environmental Protection Act (415 ILCS 5/21(o)(5) (2002)), and ordered
respondents to pay a civil penalty of $500.
5-0
AC 05-36 County of Sangamon v. Leland Cole – The Board found that this Sangamon
County respondent violated Sections 21(p)(1) and (p)(3) of the Act (415 ILCS
5/21(p)(1), (p)(3) (2002)), and ordered respondent to pay a civil penalty of
$3,000.
5-0
AC 05-37 City of Chicago Department of Environment v. AAA Dollar Disposal, Inc. – The
Board found that this Cook County respondent violated Sections 21(p)(1) and
(p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2002)), and ordered respondent to
pay a civil penalty of $3,000.
5-0
AC 05-39 County of Macon, Illinois v. Richard Webb and Theresa Webb – The Board
found that these Macon County respondents violated Sections 21(p)(1) and (p)(7)
of the Act (415 ILCS 5/21(p)(1), (p)(7) (2002)), and ordered respondents to pay
a civil penalty of $3,000.
5-0
AC 05-40 IEPA v. Northern Illinois Service Company – The Board directed respondent to
file an amended petition for review accompanied by an attorney’s appearance
and specifying the grounds for appeal within 30 days from the date of this order,
or the Board will dismiss this matter.
5-0
Decisions
PCB 04-136 People of the State of Illinois v. Cromwell-Phoenix, Inc. – In this air
enforcement action concerning a Cook County facility, the Board granted relief
from the hearing requirement of Section 31(c)(1) of the Environmental
Protection Act (415 ILCS 5/31(c)(1) (2002)), accepted a stipulation and
settlement agreement, and ordered the respondent to pay a total civil penalty of
$60,000 and to cease and desist from further violations.
5-0
A-E
Motions and Other Matters
PCB 01-28 People of the State of Illinois v. Plastic Decorators, Inc. – Upon receipt of a
proposed stipulation and settlement agreement and an agreed motion to request
relief from the hearing requirement in this air enforcement action involving a
Kane County facility, the Board ordered publication of the required newspaper
notice.
5-0
A-E
PCB 01-46
PCB 01-51
XCTC Limited Partnership v. IEPA; Georgia-Pacific Tissue, L.L.C. v. IEPA –
The Board granted petitioner’s motion for voluntary dismissal of XCTC Limited
Partnership v. IEPA PCB 01-46, a permit appeal involving a Cook County
facility. The remaining case Georgia-Pacific Tissue, L.L.C. v. IEPA PCB 01-51
is not dismissed and remains pending before the Board.
5-0
P-A, Air
Environmental Register – January 2005
8
PCB 03-59 Midwest Petroleum Company d/b/a Godfrey Sunoco v. IEPA – The Board
granted petitioner’s motion for voluntary dismissal of this underground storage
tank appeal involving a Madison County facility.
5-0
UST Appeal
PCB 04-5 Lincoln Land FS, Inc. v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal involving a Menard
County facility.
5-0
UST Appeal
PCB 04-183
PCB 04-190
(not cons.)
Johnson Oil Company v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of PCB 04-183, an underground storage tank appeal
involving a Madison County facility. This decision renders moot petitioner’s
pending motion to consolidate and the respondent’s pending motion to
reconsider and dismiss in PCB 04-183. The remaining case PCB 04-190 is not
dismissed, respondents motion to reconsider and dismiss remain pending before
the Board.
5-0
UST Appeal
PCB 05-48 Illinois Ayers Oil Co. v. IEPA – The Board dismissed this petition for review for
lack of jurisdiction, as it was not timely filed.
5-0
UST Appeal
PCB 05-51 People of the State of Illinois v. Randy Oldenberger d/b/a Environmental Health
and Safety – The Board accepted complainant’s amended petition in this
enforcement action. Because this action dismissed respondent Oldenberger,
respondent’s motion to dismiss is moot.
5-0
A-E
PCB 05-57 Wayne Swanson & Dennis Swanson 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 Kane County facility.
5-0
UST Appeal
PCB 05-61 Harold Hart Service v. IEPA – The Board directed respondent to file an amended
petition for review specifying the grounds for appeal within 30 days from the
date of this order, or the Board will dismiss this matter.
5-0
UST Appeal
PCB 05-78 People of the State of Illinois v. Ralph Stone, Mayor of the Village of Gorham –
Upon receipt of a proposed stipulation and settlement agreement and an agreed
motion to request relief from the hearing requirement in this air enforcement
action involving a Jackson County facility, the Board ordered publication of the
required newspaper notice.
5-0
A-E
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 – The Board found that the
alleged violations in the complaint were neither duplicative nor frivolous and
accepted for hearing this matter involving a DuPage County facility.
5-0
Citizens
N-E
Environmental Register – January 2005
9
PCB 05-96 People of the State of Illinois v. Village of North City, Lawrence A. Lipe &
Associates, Inc., Altman-Charter Company, and Furlong Excavating, Inc. – Upon
receipt of a proposed stipulation and settlement agreement as to Furlong
Excavating, Inc. only, and an agreed motion to request relief from the hearing
requirement in this public water supply enforcement action involving a Franklin
County facility, the Board ordered publication of the required newspaper notice.
5-0
PWS-E
PCB 05-111 Mac’s Convenience Stores, 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 Will County facility.
5-0
UST Appeal
90-Day
Ext.
PCB 05-112 Adair AF, L.L.C. (Adair) (Property Identification Number 14-000-131-05) v.
IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of Adair
AF, L.L.C. located in McDonough County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2002)).
5-0
T-C
PCB 05-113 Spoon River FS, Inc. d/b/a Riverland FS, Inc. (Ellisville) (Property Identification
Number 06-05-01-200-01) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and certified that
specified facilities of Spoon River FS, Inc. d/b/a Riverland FS, Inc. located in
Fulton County are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).
5-0
T-C
PCB 05-114 Spoon River FS, Inc. d/b/a Riverland FS, Inc. (Williamsfield) (Property
Identification Number 1223451001) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board found and
certified that specified facilities of Spoon River FS, Inc. d/b/a Riverland FS, Inc.
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
(2002)).
5-0
T-C
PCB 05-115 Reed’s Service v. IEPA – The Board granted this request for a 90-day extension
of time to file an underground storage tank appeal on behalf of this White
County facility.
5-0
UST Appeal
90-Day Ext.
PCB 05-116 Beckman Service v. IEPA – The Board granted this request for a 90-day
extension of time to file an underground storage tank appeal on behalf of this
Marion County facility.
5-0
UST Appeal
90-Day Ext.
PCB 05-117 People of the State of Illinois v. City of Cairo – The Board accepted for hearing 5-0
Environmental Register – January 2005
10
this water enforcement action involving a site located in Alexander County.
L-E
PCB 05-118 Illinois State Toll Highway Authority (Belvidere North Reimb.) 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 Boone County facility.
5-0
UST Appeal
90-Day Ext.
PCB 05-119 Southern Illinois Power Cooperative (Low Sulfur Dioxide Emission Coal Fueled
Device) (Property Identification Number 10-26-200-002) v. IEPA – Upon receipt
of the Illinois Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Southern Illinois Power
Cooperative located in Williamson County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2002)).
5-0
T-C
PCB 05-120 Marathon Ashland Petroleum, L.L.C. (Selective Catalytic Reduction 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 (2002)).
5-0
T-C
PCB 05-121 Marathon Ashland Petroleum, L.L.C. (FCCU Flue Gas Wet Scrubber 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 (2002)).
5-0
T-C
PCB 05-122 Exxon Mobil Corporation (Ultra Low Sulfur Diesel Project) (Property
Identification Number 1022-100-006-0010) v. IEPA – Upon receipt of the
Illinois Environmental Protection Agency’s recommendation, the Board found
and certified that specified facilities of Exxon Mobil Corporation located in Will
County are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).
5-0
T-C
January 20, 2005
Chicago, Illinois
Rulemakings
R05-6 In the Matter of: SDWA Update, USEPA Amendments (January 1, 2004
through June 30, 2004) – The Board adopted a final opinion and order in this
“identical-in-substance” rulemaking amending the Board’s public water supply
regulations.
5-0
R, PWS
Adjusted Standard
Environmental Register – January 2005
11
AS 05-2
In the Matter of: Petition of the Village of Bensenville for an Adjusted Standard
from 35 Ill. Adm. Code 620.410 Regarding Chloride and Lead – The Board
granted petitioner’s motions for expedited review and for filing a reduced
number of petition copies. The Board directed petitioner to file an amended
petition curing specified informational deficiencies within 30 days from the date
of this order, or the Board will dismiss this matter.
5-0
Water
Administrative Citations
AC 05-5 IEPA v. Robert and Phylis Ulrich and Bob Ulrich Pallet, Inc. – In response to a
joint stipulation and settlement agreement in this administrative citation action
involving a Adams County facility, the Board found that respondents had
violated Section 21(p)(1) of the Environmental Protection Act (415 ILCS
5/21(p)(1) (2002)) and ordered respondent to pay a civil penalty of $1,500. The
Board also granted the parties’ joint motion to dismiss respondents’ petition for
review.
5-0
AC 05-34 County of LaSalle v. Earl Cazel – The Board found that this LaSalle County
respondent violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2002)),
and ordered respondent to pay a civil penalty of $1,500.
5-0
AC 05-36 County of Sangamon v. Leland Cole – The Board vacated its order of January 6,
2005, finding violations as alleged in the administrative citation action involving
a Sangamon County facility. In response to a late filed joint stipulation and
settlement agreement, the Board found that respondent had violated Section
21(p)(1) of the Environmental Protection Act (415 ILCS 5/21(p)(1) (2002)) and
ordered respondent to pay a civil penalty of $1,500. The Board also granted the
parties’ joint motion to dismiss the alleged violation of 415 ILCS 5/21(p) (3)
(2002).
5-0
AC 05-38 County of Macon, Illinois v. Terry Cripe and Donna Cripe – The Board on its
own motion dismissed this administrative citation for lack of timely service on
respondent.
5-0
AC 05-41 County of Macon, Illinois v. Blue Mound Plumbing – The Board on its own
motion dismissed this administrative citation for lack of timely service on
respondent.
5-0
AC 05-42 IEPA v. Knox County Landfill Committee and Greg Ingle – The Board found
that these Knox County respondents violated Section 21(o)(5) of the
Environmental Protection Act (415 ILCS 5/21(o)(5) (2002)), and ordered
respondents to pay a civil penalty of $500.
5-0
Decisions
PCB 01-2 People of the State of Illinois v. National Material L.P. d/b/a National
Lamination Company, and NM Holding – In this air enforcement action
concerning a Cook County facility, the Board granted relief from the hearing
requirement of Section 31(c)(1) of the Environmental Protection Act (415 ILCS
5/31(c)(1) (2002)), accepted a stipulation and settlement agreement, and ordered
the respondents to pay a total civil penalty of $50,000, as well as avoided permit
5-0
A-E
Environmental Register – January 2005
12
fees of $7,750 and to cease and desist from further violations.
PCB 05-52 People of the State of Illinois v. Safe Lock Storage 2, L.L.C. – In this water
enforcement action concerning a St. Clair 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) (2002)), accepted a stipulation and
settlement agreement, and ordered the respondent to pay a total civil penalty of
$1,000 and to cease and desist from further violations.
5-0
W-E
Motions and Other Matters
PCB 01-43 People of the State of Illinois v. Michael Stringini – The Board denied this
McHenry County respondent’s motion to reconsider the November 4, 2004
Board order finding violations of the Act and Board Rules and assessing a
$110,000 penalty.
5-0
L-E
PCB 04-185 Midwest Generation EME, L.L.C. v. IEPA – The Board on its own motion
stayed the trade secret appeal pending the outcome of the appeal pending before
the Appellate Court.
5-0
T-S Appeal
PCB 05-65 Russ Taylor 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 Champaign County facility.
5-0
UST Appeal
PCB 05-68 Illinois State Toll Highway Authority (Lake Forest East CAP/B) 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 Lake County facility.
5-0
UST Appeal
PCB 05-69 Illinois State Toll Highway Authority (Lake Forest West CACR) 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 Lake County facility.
5-0
UST Appeal
PCB 05-70 Illinois State Toll Highway Authority (Lake Forest West CAP/B) 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 Lake County facility.
5-0
UST Appeal
PCB 05-71 Illinois State Toll Highway Authority (Lake Forest East CACR) 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 Lake County facility.
5-0
UST Appeal
PCB 05-92 People of the State of Illinois v. Specialty Promotions, Inc. d/b/a Specialty
Printing Company – Upon receipt of a proposed stipulation and settlement
agreement and an agreed motion to request relief from the hearing requirement in
this air enforcement action involving a Cook County facility, the Board ordered
5-0
A-E
Environmental Register – January 2005
13
publication of the required newspaper notice.
PCB 05-96 People of the State of Illinois v. Village of North City, Lawrence A. Lipe &
Associates, Inc., Altman-Charter Company, Inc., and Furlong Excavating, Inc. –
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 Franklin County facility, the Board ordered
publication of the required newspaper notice as to Altman-Charter Company,
Inc.
5-0
PWS-E
PCB 05-105 Burroughs AG Service, Inc.-Lostant (Property Identification Number 31-27-307-
000) v. IEPA – Because the Board did not receive any petition for review of the
Illinois Environmental Protection Agency’s (IEPA) recommendation to deny
certification, consistent with the IEPA’s recommendation, the Board declined to
certify that Burroughs AG Service, Inc. facilities are pollution control facilities
and dismissed this matter.
5-0
T-C
PCB 05-107 Burroughs AG Service, Inc.-Wyoming (Property Identification Number 05-29-
300-007) v. IEPA – Because the Board did not receive any petition for review of
the Illinois Environmental Protection Agency’s (IEPA) recommendation to deny
certification, consistent with the IEPA’s recommendation, the Board declined to
certify that Burroughs AG Service, Inc. facilities are pollution control facilities
and dismissed this matter.
5-0
T-C
PCB 05-123 People of the State of Illinois v. Cunat, Inc. – The Board accepted for hearing
this water enforcement action involving a site located in McHenry County.
5-0
W-E
PCB 05-124 Mac’s Convenience Stores, 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 Sangamon County facility.
5-0
UST Appeal
90-Day
Ext.
PCB 05-125 Red Rooster Corporation f/k/a Clark Retail Enterprises, Inc. (Clark Oil #2086) 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 Peoria County facility.
5-0
UST Appeal
90-Day
Ext.
PCB 05-126 Red Rooster Corporation f/k/a Clark Retail Enterprises, Inc. (Clark Oil #2086) 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 Peoria County facility.
5-0
UST Appeal
90-Day
Ext.
Environmental Register – January 2005
14
New Cases
January 6, 2005 Board Meeting
05-111
Mac’s Convenience Stores, 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 Will County facility.
05-112
Adair AF, L.L.C. (Adair) (Property Identification Number 14-000-131-05) v. IEPA – Upon receipt of the
Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities
of Adair AF, L.L.C. located in McDonough County are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).
05-113
Spoon River FS, Inc. d/b/a Riverland FS, Inc. (Ellisville) (Property Identification Number 06-05-01-200-01)
v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and
certified that specified facilities of Spoon River FS, Inc. d/b/a Riverland FS, Inc. located in Fulton County are
pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2002)).
05-114
Spoon River FS, Inc. d/b/a Riverland FS, Inc. (Williamsfield) (Property Identification Number 1223451001)
v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and
certified that specified facilities of Spoon River FS, Inc. d/b/a Riverland FS, Inc. 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 (2002)).
05-115
Reed’s Service v. IEPA – The Board granted this request for a 90-day extension of time to file an
underground storage tank appeal on behalf of this White County facility.
05-116
Beckman Service v. IEPA – The Board granted this request for a 90-day extension of time to file an
underground storage tank appeal on behalf of this Marion County facility.
05-117
People of the State of Illinois v. City of Cairo – The Board accepted for hearing this water enforcement
action involving a site located in Alexander County.
05-118
Illinois State Toll Highway Authority (Belvidere North Reimb.) 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 Boone County facility.
05-119
Southern Illinois Power Cooperative (Low Sulfur Dioxide Emission Coal Fueled Device) (Property
Identification Number 10-26-200-002) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of Southern Illinois Power Cooperative
located in Williamson County are pollution control facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2002)).
05-120
Marathon Ashland Petroleum, L.L.C. (Selective Catalytic Reduction 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 (2002)).
05-121
Marathon Ashland Petroleum, L.L.C. (FCCU Flue Gas Wet Scrubber 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 (2002)).
05-122
Exxon Mobil Corporation (Ultra Low Sulfur Diesel Project) (Property Identification Number 1022-100-
006-0010) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Exxon Mobil Corporation located in Will County are pollution control
facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).
AC 05-044
IEPA v. Donald Eichen – The Board accepted an administrative citation against this Winnebago County
respondent.
Environmental Register – January 2005
15
January 20, 2005 Board Meeting
05-123
People of the State of Illinois v. Cunat, Inc. – The Board accepted for hearing this water enforcement action
involving a site located in McHenry County.
05-124
Mac’s Convenience Stores, 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 Sangamon County facility.
05-125
Red Rooster Corporation f/k/a Clark Retail Enterprises, Inc. (Clark Oil #2086) 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 Peoria
County facility.
05-126
Red Rooster Corporation f/k/a Clark Retail Enterprises, Inc. (Clark Oil #2086) 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 Peoria
County facility.
AC
05-045
IEPA v. Double S Masonry, Inc., Curtis R. Seei, and Ronald C. Seei – The Board accepted an
administrative citation against these Henry County respondents.
AC
05-046
IEPA v. Lawrence Krueger – The Board accepted an administrative citation against this Fayette County
respondent.
Calendar
2/1/05
9:00 AM
PCB 99-187
Gina Pattermann v. Boughton Trucking
and Materials, Inc.
Bolingbrook Village Hall
Boardroom
375 West Briar Cliff Road
Bolingbrook
2/3/05
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
2/10/05
9:00 AM
PCB 05-55
Village of Lake Barrington, Cuba
Township, Prairie Rivers Network, Sierra
Club, Beth Wentzel and Cynthia
Skrukrud v. IEPA and Village of
Wauconda (Consolidated: PCB 05-55,
58, and 59)
Village Hall
2nd Floor—Board Room
118 West Cook
Libertyville
2/10/05
9:00 AM
PCB 05-58
Slocum Lake Drainage District of Lake
County, Illinois v. Illinois Environmental
Protection Agency and Village of
Wauconda, Illinois (Consolidated: PCB
05-55, 58, and 59)
Village Hall
2nd Floor—Board Room
118 West Cook
Libertyville
Environmental Register – January 2005
16
2/10/05
9:00 AM
PCB 05-59
Al Phillips, Vern Meyer, Gayle DeMarco,
Gabrielle Meyer, Lisa O’Dell, Joan
Leslie, Michael Davey, Nancy Dobner,
Mike Polito, Williams Park Improvement
Association, Mat Schlueter, Mylith Park
Lot Owners Association, Donald Krebs,
Don Berkshire, Judy Brumme, Twin
Pond Farms Homeowners Association,
Julia Tudor, Christine Deviney v. Illinois
Environmental Protection Agency and
Village of Wauconda (Consolidated:
PCB 05-55, 58, and 59)
Village Hall
2nd Floor—Board Room
118 West Cook
Libertyville
2/11/05
9:00 AM
PCB 05-55
Village of Lake Barrington, Cuba
Township, Prairie Rivers Network, Sierra
Club, Beth Wentzel and Cynthia
Skrukrud v. IEPA and Village of
Wauconda (Consolidated: PCB 05-55,
58, and 59)
Village Hall
2nd Floor—Board Room
118 West Cook
Libertyville
2/11/05
9:00 AM
PCB 05-58
Slocum Lake Drainage District of Lake
County, Illinois v. Illinois Environmental
Protection Agency and Village of
Wauconda, Illinois (Consolidated: PCB
05-55, 58, and 59)
Village Hall
2nd Floor—Board Room
118 West Cook
Libertyville
2/11/05
9:00 AM
PCB 05-59
Al Phillips, Vern Meyer, Gayle DeMarco,
Gabrielle Meyer, Lisa O’Dell, Joan
Leslie, Michael Davey, Nancy Dobner,
Mike Polito, Williams Park Improvement
Association, Mat Schlueter, Mylith Park
Lot Owners Association, Donald Krebs,
Don Berkshire, Judy Brumme, Twin
Pond Farms Homeowners Association,
Julia Tudor, Christine Deviney v. Illinois
Environmental Protection Agency and
Village of Wauconda (Consolidated:
PCB 05-55, 58, and 59)
Village Hall
2nd Floor—Board Room
118 West Cook
Libertyville
2/17/05
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Hearing Room 9-040
100 W. Randolph Street
Chicago
2/22/05
10:30 AM
R05-11
In the Matter of: Amendments to
Emissions Reduction Market System, 35
Ill. Adm. Code 205 and 211
James R. Thompson Center
Room 2-207
100 W. Randolph Street
Chicago
2/24/05
9:00 AM
PCB 05-85
Citgo Petroleum Corporation and PDV
Midwest Refining, LLC v. IEPA
James R. Thompson Center
Room 11-512
100 W. Randolph Street
Chicago
3/1/05
10:00 AM
R05-09
In the Matter of: Setback Zone for City
of Marquette Heights Community Water
Supply, New 35 Ill. Adm. Code 618
Pekin City Hall
Council Chambers—2nd Floor
111 South Capitol Street
Pekin
Environmental Register – January 2005
17
3/2/05
10:30 AM
PCB 03-54
Freedom Oil Company v. IEPA
(Consolidated: PCB 03-54, 56, 105, 179,
and 04-02)
Illinois Pollution Control Board
Hearing Room
(North Entrance)
1021 North Grand Avenue East
Springfield
3/2/05
10:30 AM
PCB 03-56
Freedom Oil Company v. IEPA
(Consolidated: PCB 03-54, 56, 105, 179,
and 04-02)
Illinois Pollution Control Board
Hearing Room
(North Entrance)
1021 North Grand Avenue East
Springfield
3/2/05
10:30 AM
PCB 03-105
Freedom Oil Company v. IEPA
(Consolidated: PCB 03-54, 56, 105, 179,
and 04-02)
Illinois Pollution Control Board
Hearing Room
(North Entrance)
1021 North Grand Avenue East
Springfield
3/2/05
10:30 AM
PCB 03-179
Freedom Oil Company v. IEPA
(Consolidated: PCB 03-54, 56, 105, 179,
and 04-02)
Illinois Pollution Control Board
Hearing Room
(North Entrance)
1021 North Grand Avenue East
Springfield
3/2/05
10:30 AM
PCB 04-02
Freedom Oil Company v. IEPA
(Consolidated: PCB 03-54, 56, 105, 179,
and 04-02)
Illinois Pollution Control Board
Hearing Room
(North Entrance)
1021 North Grand Avenue East
Springfield
3/3/05
11:00 AM
Illinois Pollution Control Board Meeting
Illinois Pollution Control Board
Hearing Room
(North Entrance)
1021 North Grand Avenue East
Springfield
3/17/05
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Hearing Room 9-040
100 W. Randolph Street
Chicago
4/5/05
10:00 AM
R05-09
In the Matter of: Setback Zone for City
of Marquette Heights Community Water
Supply, New 35 Ill. Adm. Code 618
James R. Thompson Center
Room 2-025
100 W. Randolph Street
Chicago
Environmental Register – January 2005
18
Illinois Environmental Protection Agency
Division of Public Water Supplies
Restricted Status List -- Public Water Supplies
The Restricted Status List was developed to give additional notification to officials of public water supplies which
are in violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies, Chapter I or the Illinois Environmental
Protection Act.
The Restricted Status List will include all Public Water Supplies for which the Agency has information indicating a
violation of any of the following requirements: Finished water quality requirements of 35 Ill. Adm. Code, Part 604,
Subparts B and C; maintenance of adequate pressure on all parts of the distribution system under all conditions of
demand; meeting raw water quantity requirements of 35 Ill. Adm. Code 604.502; or maintenance of treatment
facilities capable of providing water "assuredly adequate in quantity" as required by Section 18 of the Illinois
Environmental Protection Act.
A public water supply on the Restricted Status List will not be issued permits for water main extensions, except for
certain limited situations, or unless the supply has been granted a variance from the Illinois Pollution Control Board
for the violation, or from permit issuance requirements of Section 39 of the Act.
This list is continually being revised as new information becomes available, and therefore, specific inquiries as to
the status of any public water supply should be directed to the Division of Public Water Supplies for final
determination. This list reflects the status as of January 1, 2005.
* Indicates public water supplies which have been added to the list since the previous publication.
RDS:sp/0046g/2
NAME OF PUBLIC ATER SUPPLY/COUNY/FACILITY #
EPA
RGN
NATURE OF
PROBLEM
POP.
SERVE
D
LISTING
DATE
Acorn Acres Sbdv (Lake Co - 0975020)
2 Inadequate Pres Tank 250 12/16/83
Alternative Behavior Treatment Center (Lake Co - 0977189) 2 Inadequate Pres Tank 64 06/15/88
Arlington Rehab & Living Ctr (Lake Co – 0971110) 2 Inadequate Hydro Storage 180 12/01/03
Aurora Community Water Assn (Kane Co - 0895750) 2 Inadequate Pres Tank 150 12/16/88
Bahl Wtr Corp (Jo Daviess Co - 0855200) 1 Inadequate Pres Storage 700 12/15/93
Biggsville (Henderson Co - 0710050)
5 Adjusted Gross Alpha 350 03/15/98
Bonnie Lane Water Supply (Kendall Co - 0930010) 2 Inadequate Pres Tank 49 09/16/93
Bradford (Stark Co - 1750050) 1 Gross Alpha 650 06/15/98
Bradley Hts Sbdv (Winnebago Co - 2015050) 1 Inadequate Pres Tank 192 09/13/85
Bryant (Fulton Co - 0570200) 5 Adjusted Gross Alpha 310 03/15/98
Buckingham (Kankakee Co - 0910250) 2 Inadequate Pres Tank 330 03/17/89
Environmental Register – January 2005
NAME OF PUBLIC ATER SUPPLY/COUNY/FACILITY #
EPA
RGN
NATURE OF
PROBLEM
POP.
SERVE
D
LISTING
DATE
19
Bushnell (McDonough Co - 1090150) 5 Adjusted Gross Alpha 3,300 03/14/01
Carbon Hill (Grundy Co - 0630100) 2
Adjusted Gross Alpha 376 03/14/01
Carroll Hts Utl Cmpny (Carroll Co - 0155200) 1 Inadequate Pres Tank 80 03/20/81
Century Pines Apts (Carroll Co - 0150020) 1 Inadequate Pres Tank 50 12/14/90
Coyne Cntr Coop (Rock Island Co - 1615150) 1 Inadequate Pres Tank 150 12/15/97
Cropsey Cmnty Wtr (McLean Co - 1135150) 4 Inadequate Pres Tank 60 03/20/81
Crystal Clear Wtr Cmpny (McHenry Co - 1115150) 2 Inadequate Pres Tank 900 09/16/88
Crystal Hts Assn (McHenry Co - 1115100) 2 Inadequate Pres Tank 93 06/17/96
D and R Apts (Champaign Co - 0190030) 4 Inadequate Pres Tank 26 09/16/93
Deering Oaks Sbdv (McHenry Co - 1115200) 2 Inadequate Pres Tank 60 12/17/82
DeKalb Univ Dvl Corp (DeKalb Co - 0375148) 1 Inadequate Pres Tank 950 12/16/92
DeWitt Cnty NH (DeWitt Co - 0395129)
4 Inadequate Pres Tank 80 06/17/83
DL Well Owners Assn (Lake Co - 0975380) 2 Inadequate Pres Tank 125 03/18/83
Dover (Bureau Co - 0110350) 1 Inadequate Pres Tank 200 05/25/81
East End Wtr Assn (Rock Island Co - 1610140) 1 Inadequate Storage Capacity 40 03/15/02
East Moreland Wtr Corp (Will Co - 1975640) 2 Inadequate
Pres Tank 135 03/15/96
Eastmoreland Wtr Assn (Will Co - 1975600)
2 Inadequate Pres Tank 753 03/20/81
Eaton PWD (Crawford - 0335100) 4 Indequate Source Capacity 920 03/15/02
Edelstein (Peoria Co - 1435150) 5 Adjusted Gross Alpha 125 03/15/98
Edgington Water District (Rock Island Co-1615550) 1 Inadequate Pres Tank 470 03/20/81
Emmett Utl Inc (McDonough Co - 1095200) 5 Inadequate Pres Tank 39 12/17/82
Evansville (Randolph Co - 1570250) 6 Trihalomethane 850 06/15/02
Evergreen Vlg Sbdv (Rock Island Co - 1615310 1 Inadequate Pres Tank 250 03/20/81
Fahnstock Court Sbdv (Peoria Co - 1435200) 5 Inadequate Pres Tank 30 05/25/81
Fair Acres Sbdv (Will Co - 1975680)
2 Inadequate Pres Tank 185 10/19/81
Environmental Register – January 2005
NAME OF PUBLIC ATER SUPPLY/COUNY/FACILITY #
EPA
RGN
NATURE OF
PROBLEM
POP.
SERVE
D
LISTING
DATE
20
Forest Lake Addn (Lake Co - 0975500) 2 Inadequate Pres Tank 180 12/16/83
Forward-Skyline Plant (Kane Co - 0895030) 2 Inadequate Pres Tank 1,300 09/19/86
Galva (Henry Co - 0730450) 1 Adjusted Gross Alpha 2,900 03/14/01
Garden Street Imprv Assn (Will Co - 1975376) 2 Inadequate Pres Tank 62 09/15/89
Gardner (Grundy Co - 0630400) 2 Adjusted Gross Alpha 1,450 03/14/01
Glasford (Peoria Co - 1430350) 5 Adjusted Gross Alpha 1,115 12/15/97
Glenwood Outback (LaSalle Co - 0990080) 1 Inadequate Pres Tank 9,600 12/15/98
Good Shepherd Mnr (Kankakee Co - 0915189) 2 Inadequate Pres Tank 140 03/17/89
Great Oaks&Beacon Hls Apts (Winnebago Co-2015488) 1 Inadequate Pres Tank 943 12/17/82
Harbor Lites/Pistakee Fshg Cl (McHenry Co - 1110011) 2 Inadequate Pres Tank 100 03/14/01
Hardinville Water Company (Crawford Co - 0330020) 4 Inadequate Source Capacity 2,361 03/15/02
Hawthorn Woods (Lake Co - 0970450) 2 Inadequate Pres Tank 800 03/15/95
Heatherfield Sbdv (Grundy Co - 0635150) 2 Inadequate Pres Tank 91 09/17/82
Hettick (Macoupin Co - 1170500)
5 Trihalomethane 220 06/15/02
Highland Sbdv (Kane Co - 0895530) 2 Inadequate Pres Tank 50 09/16/83
Hillview Sbdv (Will Co - 1975800) 2 Inadequate Pres Tank 99 03/15/85
Holy Family Villa (Cook Co - 0310280) 2 Inadequate Pres Tank 200 09/15/99
Hopewell (Marshall Co - 1235150) 1 Adjusted Gross Alpha 805 03/14/01
Ingalls Pk Sbdv (Will Co - 1975880)
2 Inadequate Pres Tank 690 09/16/83
Kewanee (Henry Co - 0730650) 1 Adjusted Gross Alpha 12,900 03/14/01
Kingston Mines (Peoria Co - 1430450) 5 Adjusted Gross Alpha 295 03/14/01
Kirk Wtr Line (Crawford Co - 0330030 4 Inadequate Source Capacity 72 03/15/02
Knoxville (Knox Co - 0950300) 5 Adjusted Gross Alpha 3,243 03/15/98
Lake Lynwood Wtr Sys (Henry Co - 0735330) 1 Inadequate Pres Tank 98 08/31/81
Lakeview Hills Wtr Supply Cp (Whiteside Co - 1955150) 1 Inadequate Pres Tank 146 03/20/81
Environmental Register – January 2005
NAME OF PUBLIC ATER SUPPLY/COUNY/FACILITY #
EPA
RGN
NATURE OF
PROBLEM
POP.
SERVE
D
LISTING
DATE
21
Lakewood Shores Imprv Assn 2 Adjusted Gross Alpha 760 03/14/01
Land and Water Assn (LaSalle Co - 0995050) 1 Inadequate Pres Storage 110 06/15/01
Larchmont Sbdv (Winnebago Co - 2015290) 1 Inadequate Pres Tank 106 06/17/83
Larson Court Apartments (Rock Island Co - 1615728) 1 Inadequate Pres Tank 48 01/14/82
Legend Lakes Wtr Assn (Winnebago Co - 2015300) 1 Inadequate Pres Tank 225 03/14/91
Liberty Park Homeowners Assn (DuPage Co - 0435600) 2 Inadequate Pres Tank 1,092 09/17/92
Lindenwood Wtr Assn (Ogle Co - 1415300) 1 Inadequate Pres Tank 50 01/13/82
Lisbon North Inc (Grundy Co - 0631000) 2 Inadequate Pres Tank 30 09/14/90
Little York (Warren Co - 1870100) 5
Adjusted Gross Alpha 350 03/14/01
London Mills (Fulton Co - 0574620) 5
Inadequate Pres Tank 670 12/14/84
Lostant (LaSalle Co - 0990450) 1 Adjusted Gross Alpha 510 03/14/01
Lynn Cntr (Henry Co - 0735100) 1 Inadequate Pres Tank 147 03/15/95
Lynnwood Water Corp (LaSalle Co - 0995336) 1 Inadequate Pres Tank 114 03/18/83
M C L W Sys Inc (Mercer Co - 1315150) 1 Inadequate Source 100 03/20/81
Mapleton (Peoria Co - 1430500) 5 Adjusted Gross Alpha 350 03/15/98
Monmouth (Warren Co - 1870150) 5 Adjusted Gross Alpha 9,500 03/14/01
Mound PWD (St Clair Co - 1635050) 6 Inadequate Plant Capacity 1,800 06/17/96
Northwest Belmont Imprv Assn (DuPage Co - 0435900) 2 Inadequate Pres Tank 115 09/29/81
Oak Ridge Sndst (Woodford Co - 2035300) 1 Inadequate Pres Tank 240 03/20/81
Oakview Avenue Wtrwks Inc (Will Co - 1977210) 2 Inadequate Pres Tank 350 03/20/81
Oblong (Crawford Co - 0330150) 4 Inadequate Source Capacity 2,317 03/15/02
Olivet Nazarene College (Kankakee Co - 0915279) 2 Inadequate Pres Tank 1,450 03/15/94
Opheim PWS (Henry Co - 0735150) 1 Inadequate Pres Tank 150 06/18/82
Osco Mutual Wtr Supply Cpy Inc (Henry Co-0735200) 1 Inadequate Pres Tank 115 12/15/89
Park Road Wtr Assn (Will Co - 1977330) 2 Inadequate Pres Tank 60 12/17/82
Environmental Register – January 2005
NAME OF PUBLIC ATER SUPPLY/COUNY/FACILITY #
EPA
RGN
NATURE OF
PROBLEM
POP.
SERVE
D
LISTING
DATE
22
Park View Wtr Corp (Kane Co - 0895500) 2 Inadequate Pres Tank 150 12/17/82
Patoka (Marion Co - 1210400) 6 Inadequate Plant Capacity 731 03/15/97
Polo Dr & Saddle Rd Sbdv (DuPage Co - 0437000) 2 Inadequate Pres Tank 95 12/17/82
Ports of Sullivan Lake Assn (Lake Co - 0971160) 2 Inadequate Pres Tank 638 06/15/99
Prairie Oaks Ests Hmown Assn (Grundy Co - 0630060) 2 Adjusted Gross Alpha 96 10/15/02
Prairie Ridge Assn (McHenry Co - 1115730) 2 Inadequate Pres Tank 140 03/16/90
Prairie View Water Assn (Tazewell Co - 1795900) 5 Inadequate Pres Tank 55 03/20/81
Ridgecrest North Sbdv (Grundy Co - 0635250) 2 Inadequate Pres Tank 85 09/16/93
Ridgewood Ledges Wtr Assoc(Rock Island Co-1615670) 1 Inadequate Pres Tank 475 03/20/81
Ridgewood Sbdv (Will Co - 1977650) 2
Inadequate Pres Tank 315 06/18/82
Riverwoods Spcl Dstrct 3 (Lake Co - 0971451) 2 Inadequate Souce Capacity 234 11/01/01
Robinson Palestine Wtr Cmsn (Crawford Co - 0335030) 4 Inadequate Plant Capacity 10,728 11/01/01
Sbdv Wtr Trust No #1 (Moecherville) (Kane Co - 0895300) 2 Inadequate Pres Tank 1,120 03/20/81
Shawnita Trc Wtr Assn (Will Co - 1977690) 2 Inadequate Pres Tank 125 09/17/92
Silvis Heights (Rock Island Co – 1615750) 1 Inadequate Hydro Storage 1,500 12/01/03
Skyview Sbdv (Kankakee Co - 0915526) 2 Inadequate Pres Tank 65 09/14/84
South Wilmington (Grundy Co - 0630650) 2 Adjusted Gross Alpha 698 10/15/02
St Charles Cmsn Wlfnd 3 (DuPage Co - 0437040) 2 Inadequate Pres Tank 30 12/15/89
Standard (Putnam Co - 1550300) 1 Adjusted Gross Alpha 300 03/14/01
Sturm Sbdv (Lake Co - 0977010) 2 Inadequate Pres Tank 63 03/16/84
Suburban Heights Sbdv (Rock Island Co - 1615800) 1 Inadequate Pres Tank 114 12/16/83
Summit Homeowners Assn (Lake Co - 0975280) 2 Inadequate Pres Tank 48 03/16/84
Sunny Hill Ests Sbdv (Henry Co - 0735300) 1 Inadequate Pres Tank 525 06/15/00
Sunnyland Sbdv (Will Co - 1977730) 2
Inadequate Pres Tank 350 09/16/83
Swedona Wtr Assn (Mercer Co - 1315200) 1 Inadequate Pres Tank 100 06/15/90
Environmental Register – January 2005
NAME OF PUBLIC ATER SUPPLY/COUNY/FACILITY #
EPA
RGN
NATURE OF
PROBLEM
POP.
SERVE
D
LISTING
DATE
23
Sylvan Lake 1st Sbdv (Lake Co - 0977100) 2 Inadequate Pres Tank 210 06/14/91
Toulon (Stark Co - 1750150) 1 Adjusted Gross Alpha 1,400 12/12/99
Towners Sbdv (Lake Co - 0977250) 2 Inadequate Pres Tank 238 01/14/82
Trivoli PWD (Peoria Co - 1435510) 5 Inadequate Pres Tank 350 06/17/83
Utl Inc Holiday Hills (McHenry Co - 1115350) 2 Inadequate Pres Tank 750 09/16/83
Utl Inc Lake Holiday (LaSalle Co - 0995200) 1 Inad Source & Treat Plt 4,908 09/15/98
Utl Inc Northern Hls Utl Co (Stephenson Co-1775050) 1 Inadequate Pres Tank 290 03/15/96
Utl Inc Walk-Up Woods Wtr Co (McHenry Co - 1115800) 2 Inadequate Pres Tank 763 12/17/82
Utl Inc Westlake Utilities Inc (Winnebago Co - 2010070) 1 Inadequate Source Capacity 25 11/01/01
Viola (Mercer Co - 1310450) 1 Adjusted Gross Alpha 950 10/15/02
West Shore Park Sbdv (Lake Co - 0977370) 2 Inadequate Pres Tank 450 06/15/00
West Shoreland Sbdv (Lake Co - 0977050) 2 Inadequate Pres Tank 220 06/14/91
Whispering Lakes Wtr Sys Inc (Lake Co - 0970220) 2 Adjusted Gross Alpha 375 03/14/01
Wienen Estates (Jo Daviess Co - 0850030) 1 Inadequate Pres Tank 70 12/15/97
Wonder Lake Wtr Cmpny (McHenry Co - 1115750) 2 Inadequate Pres Tank 1,161 06/16/94
Woodsmoke Ranch Assn (LaSalle Co - 0990030) 1 Inadequate Pres Tank 350 06/15/90
York Cntr Coop (DuPage Co - 0437550) 2 Inadequate Pres Tank 240 06/15/88
2nd Street Wtr Assn (Lake Co - 0971140) 2 Inadequate Pres Tank 33 12/15/95
PUBLIC WATER SUPPLIES REMOVED FROM PREVIOUS LIST
Brimfield (Peoria Co - 1430150)
Santa Fe Ests (Peoria Co - 1435490)
Trimble Wtr Co (Crawford Co - 0335200)
Environmental Register – January 2005
24
Illinois Environmental Protection Agency
Division of Public Water Supplies
Critical Review List -- Public Water Supplies
The Critical Review List was developed to give additional notification to officials of public water supplies which
may be close to being in violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies, Chapter I or the Illinois
Environmental Protection Act.
A supply will be placed on the Critical Review List when Agency records indicate that it is approaching any of the
violations which would place it on the Restricted Status List.
This list is continually being revised as new information becomes available, and therefore, specific inquiries as to
the status of any public water supply should be directed to the Division of Public Water Supplies for final
determination. This list reflects the status as of January 1, 2005.
* Indicates public water supplies which have been added to the list since the previous publication.
RDS:sp/0046g/4
NAME OF PUBLIC ATER SUPPLY/COUNY/FACILITY #
EPA
RGN
NATURE OF
PROBLEM
POP.
SERVE
D
LISTING
DATE
Andalusia (Rock Island Co – 1610050) 1 Inadequate Pres Tank 1,050 12/01/0
Arenzville (Cass Co - 0170050) 5
Inadequate Pres Tank 492 03/14/01
Beason Chestnut PWD (Logan Co – 1075150) 5 Inadequate Source & 600 06/15/04
Plant Capacity
Beecher (Will Co - 1970050) 2 Inadequate Storage Capacity 2,032 03/14/01
Bluford (Jefferson Co - 0810100) 7 Low System Pressure 465 03/20/81
Browning (Schuyler Co - 1690050) 5 Inadequate Source 495 03/15/98
Caseyville (St Clair Co - 1630250)
6 Inadequate Storage 9,900 10/01/04
Clayton Camp Point Wtr Cmsn (Adams Co - 0015200) 5 Inad Pumping Capacity 1,200 09/15/98
Columbia (Monroe Co - 1330050) 6 Inad Pumping Capacity 5,893 03/15/98
DePue (Bureau Co - 0110300) 1 Inad Treatment Plant 1,930 12/15/93
Elizabeth (Jo Daviess Co - 0850150) 1 Low System Pressure 700 06/15/99
Exeter-Merritt Water Coop (Scott Co - 1710010) 5 Inadequate
Pres Tank 428 10/01/04
Galena (Jo Daviess Co - 0850200) 1 Low System Pressure 3,790 06/15/99
Highland Hills Sndst (DuPage Co - 0435560) 2 Inadequate Pres Tank 1,100 09/17/92
Environmental Register – January 2005
NAME OF PUBLIC ATER SUPPLY/COUNY/FACILITY #
EPA
RGN
NATURE OF
PROBLEM
POP.
SERVE
D
LISTING
DATE
25
Joy (Mercer Co - 1310100) 1 Low System Pressure 495 06/15/99
* La Salle (La Salle Co - 0990300) 1 Inadequate Source & 9,700 11/01/04
Plant Capacity
LaMoille (Bureau Co - 0110500) 1 Inadequate Plant Capacity 750 06/15/99
Lee (Lee Co - 1034600) 1 Inadequate Pres Tank 350 10/01/04
Mahomet (Champaign Co - 0190450) 4 Inadequate Plant Capacity 4,877 10/15/02
Marion (Williamson Co - 1990550) 7 Inadequate Source Capacity 14,610 11/01/01
Mathersville (Mercer Co - 1310200)
1 Low System Pressure 793 09/13/00
McHenry Shores Wtr Cmpny (McHenry Co - 1115020) 2 Low System Pressure 1,170 09/17/92
Mechanicsburg Buffalo Wtr (Sangamon Co - 1675150) 5 Inadequate Source 1,030 03/15/98
Scales Mound (Jo Daviess Co - 0850400) 1 Low System Pressure 400 09/15/97
Seneca (LaSalle Co - 0991050) 1 Inadequate Plant Capacity 1,937 06/15/99
South Highway PWD (Jackson Co - 0775400) 7 Low System Pressure 8,189 06/15/92
Stockton (Jo Daviess Co - 0850450) 1 Low System Pressure 1,900 06/15/84
Sumner (Lawrence Co - 1010300) 7 Low System Pressure 1,553 12/13/85
Utl Inc Lake Marian Wtr Corp (Kane Co - 0895200) 2 Low Sys Pres & 800 09/14/84
Inad Pres Storage
Walnut Hill (Marion Co - 1210600) 6
Low System Pressure 1,200 06/14/85
Waterloo (Monroe Co - 1330300) 6 Inadequate Storage 7,614 10/01/04
Wonder Lake Wtr Cmpny (McHenry Co - 1115750) 2 Inadequate Storage 1,080 12/14/90
PUBLIC WATER SUPPLIES REMOVED FROM PREVIOUS LIST
Evansville (Randolph Co - 1570250)
Conference
The Illinois Association of Water Pollution Control Operators will hold its 70th Annual Conference April 18-21,
2005 at the Crowne Plaza Convention Center, Springfield, Illinois. The 3 1/2 day conference includes a 2 1/2 day
technical program with emphasis on wastewater treatment plant operations and maintenance, a first day wastewater
treatment plant operations workshop on Phosphorus Removal Impacts, and IAWPCO Plant and Operator-of-the
Year awards. For further information, contact Ralph E Pfister, Executive Director, IAWPCO, P.O. Box 175
,
Yorkville, Illinois 60560
or phone (630) 553-3418
.
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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
