Claire A. Manning, Chairman
Board Members:
Ronald C. Flemal, G. Tanner Girard, Elena Z. Kezelis,
Samuel T. Lawton Jr., Marili McFawn, Nicholas J. Melas
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
600 South Second Street
Suite 402
Springfield, Illinois 62704
(217)
524-8500
(312) 814-6032 TDD
Letter From the Chairman
I am very pleased to announce that the Board once again consists of seven
full-fledged members. Recently, Governor Ryan appointed Samuel T.
Lawton, Jr. to fill the position formerly occupied by Kathleen Hennessey
who resigned in August 1999 to take a position as Environmental Counsel to
Daimler-Chrysler in Michigan. Member Lawton comes to the Board with
much experience in Illinois environmental law, having served as one of the
original members of this Board from July 1970 to August 1973. Before and
since then, Member Lawton has practiced law as a partner at Altheimer &
Gray in Chicago. He has also served as an Arbitrator with the American
Arbitration Association’s National Commercial and Labor Panels,
Chairman of the Chicago Bar Association’s Committee on Local
Government, member of the Illinois Bar Association’s Environmental Law
Council, and Member and Chairman of the Illinois Air Pollution Control Board, a predecessor to the IPCB.
Lawton’s current term expires on June 30, 2002 and he will be based out of our Chicago office in the James
R. Thompson Center. Member Lawton’s Senate confirmation hearing was April 5, 2000. On behalf of the
entire Board, I would like to welcome Sam to the IPCB and look forward to working with him.
Congratulations also are due Board Member Ronald C. Flemal who was reappointed by Governor Ryan to
his sixth term on the Illinois Pollution Control Board. Member Flemal’s appointment was confirmed by the
Illinois State Senate on March 22, 2000. Ron is an integral part of the Board, and we are all pleased to
have him back for another term.
The Board continues to fill various staff positions. In January, I announced that the Board was conducting a
search for an Environmental Scientist. It is a pleasure to report that the response has been overwhelming.
The Board is no longer accepting new applications and is now faced with the difficult task of narrowing
down the field of candidates for interviews. I would like to thank everyone for their submissions and
interest in the Board.
Also, the Board will be soon filling an attorney position and a computer position. Persons interested in the
computer position should call our EDP Coordinator, Dawn Turley, at the Board’s Springfield office. Any
persons interested in the attorney position should send their resume to Karen Newbold, the Board’s
Personnel Officer, also at the Board’s Springfield office. The position is open due to the recent resignation
of Board Hearing Officer and general staff attorney Amy Muran-Felton, who took a position as staff
attorney with the Citizen’s Utility Board. Current Board attorneys Steve Langhoff (Springfield) and
Gertrude Kelly (Chicago) will be acting as Hearing Officers on Amy’s cases under the direction of Chief
Hearing Officer John Knittle.
Last, but most certainly not least, the Board recently went to First Notice on an entire set of new
procedural rules. These rules are similar to R97-8, but have undergone extensive changes due to the public
comments we received and other statutory changes which have occurred since then. While the process of
rewriting our rules was a long and arduous one, I am quite hopeful that those involved in our process will
agree that the end product will be well worth the effort. We are accepting public comments on these
proposed rules until June 1, 2000, and we are holding hearings on April 11 (Springfield) and May 4
(Chicago). Also, for the first time ever, we’ve established a “Public Comment Page” on our Web site. If
you are interested in suggesting any changes to the Board’s proposed procedural rules before we adopt them
for Second Notice, please visit the site at (www.ipcb.state.il.us/rules/procedural/procedural.htm) for more
information on the hearings and on the public comment period. As ever, if you have any problems or ideas
for our Web site, contact the Board’s Public Information Coordinator, Cameron Kline at our Springfield
office by telephone (217/524-8510) or by email (klinec@ipcb.state.il.us).
Yours,
Claire Manning, Chairman
Inside This Issue:
F
EDERAL
U
PDATE
P
. 1
R
ULE
U
PDATE
P
. 5
A
PPELLATE UPDATE
P
. 7
IEPA R
ESTRICTED
S
TATUS
L
IST
P
. 8
IEPA C
RITICAL
R
EVIEW
L
IST
P
. 12
B
OARD
A
CTIONS
P
. 14
N
EW
C
ASES
P
. 20
B
OARD
C
ALENDAR
P
. 21
Federal Update
United States Environmental Protection Agency Adopts 180-Day Accumulation Time Period under RCRA
for Electroplaters’ F006 Sludge
On March 8, 2000, the United States Environmental Protection Agency (USEPA) promulgated regulations
that allow large quantity generators of certain electroplating wastewater sludge (F006 sludge) to accumulate
F006 sludge up to 180 days (or up to 270 days, as applicable) without a hazardous waste storage permit or
interim status under the Resource Conservation and Recovery Act (42 USC §§ 6901
et seq
. (1996)), provided
that these generators recycle the F006 sludge and meet certain conditions. 65 Fed. Reg. 12377 (March 8,
2000). USEPA increased the accumulation time to address existing economic barriers to the recycling of
F006 sludge through metals recovery and to provide large quantity generators of F006 sludge with an
incentive to choose recycling instead of treatment and land disposal as their final waste management option.
The regulations became effective on March 8, 2000. The rule is available on the Internet at:
http://www.epa.gov/epaoswer/hazwaste/gener/f006acum.htm. For further information contact: Kathy
Blanton at 703/605-0761; e-mail: blanton.katherine@epa.gov
The Board will adopt the federal amendments in the currently pending identical-in-substance rulemaking,
In
re
RCRA Subtitle C Hazardous Waste Update, USEPA Amendments (July 1, 1999, through December 31,
1999), R00-13. For further information contact: Michael McCambridge at 312/814-6924; e-mail:
mccambm@ipcb.state.il.us
United States Environmental Protection Agency Vacates Provisions Listing Organobromine Production
Wastes as Hazardous Wastes under RCRA
On March 17, 2000, the United States Environmental Protection Agency (USEPA) vacated regulations listing
certain organobromine wastes as hazardous wastes under the Resource Conservation and Recovery Act
(RCRA) (42 USC §§ 6901
et seq
. (1996)). 65 Fed. Reg. 14472 (March 17, 2000). USEPA amended its
regulations to conform with an order issued by the United States Court of Appeals for the District of
Columbia Circuit (D.C. Cir.) in Great Lakes Chemical Corporation v. EPA, No. 98-1312, that vacated
regulations listing certain organobromine wastes as hazardous wastes under RCRA. The rule,
“Organobromine Production Wastes; Identification and Listing of Hazardous Waste; Land Disposal
Restrictions; Listing of CERCLA Hazardous Substances, Reportable Quantities,” was published in the
Federal Register
at 63 Fed. Reg. 24596 (May 4, 1998).
USEPA also modified the land disposal restriction treatment standards in 40 CFR 268 by deleting these
wastes and the associated treatment standards. In addition, USEPA vacated the “reportable quantity”
requirements for these wastes. Under the court's order, and as amended in the regulations, the vacated
federal hazardous waste listings, and regulatory requirements based on those listings, are to be treated as
though they were never in effect.
The vacation of theses regulations became effective on March 17, 2000. For further information contact:
William Brandes at 703/308-8871; e-mail: brandes.william@epa.gov
Organobromine wastes are currently regulated at 35 Ill. Adm. Code 728.133. The Board will adopt the federal
amendments in the currently pending identical-in-substance rulemaking,
In re
RCRA Subtitle C Hazardous
Waste Update, USEPA Amendments (July 1, 1999, through December 31, 1999), R00-13. For further
information contact: Michael McCambridge at 312/814-6924; e-mail: mccambm@ipcb.state.il.us
United States Environmental Protection Agency Adopts National Emission Standards For Hazardous Air
Pollutants (NESHAP) for New and Existing Sources at Secondary Aluminum Production Facilities
On March 23, 2000, the United States Environmental Protection Agency (USEPA) promulgated national
emission standards for hazardous air pollutants (NESHAP) for new and existing sources at secondary
aluminum production facilities. 65 Fed. Reg. 15689 (March 23, 2000). The hazardous air pollutants (HAPs)
emitted by the secondary aluminum production facilities that are now regulated include organic HAPs,
inorganic gaseous HAPs (hydrogen chloride, hydrogen fluoride, and chlorine), and particulate HAP metals.
These standards implement Section 112(d) of the Clean Air Act (CAA) (42 USC § 7412(d) (1996)) and are
based on the USEPA’s determination that secondary aluminum production facilities are major sources of
HAP emissions and emit several of the HAPs listed in Section 112(b) of the CAA (42 USC § 7412(b) (1996)).
USEPA expects that the regulations will provide protection to the public health by requiring secondary
aluminum production facilities to meet emission standards reflecting application of the maximum achievable
control technology. Secondary aluminum production facilities that are area sources would be subject to
limitations on emissions of dioxins and furans only. USEPA estimates that implementation of the standards
will reduce emissions of all identified pollutants by about 15,600 tons per year (tpy) and HAP emissions will
be reduced by approximately 12,400 tpy.
These regulations became effective March 23, 2000. For further information contact: Juan Santiago at
919/541-1084; e-mail: santiago.juan@epamail.epa.gov
Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b). (1998)), once
adopted by USEPA, NESHAP rules are applicable and enforceable under the Act without further action by
the Board.
United States Environmental Protection Agency Files Advance Notice of Intent to Initiate Rulemaking
Under the Toxic Substances Control Act to Eliminate or Limit the Use of MTBE as a Fuel Additive in
Gasoline
On March 24, 2000, the United States Environmental Protection Agency (USEPA) filed an advance notice of
proposed rulemaking under Section 6 of the Toxic Substances Control Act (TSCA) (15 USC § 2605 (1996)) to
eliminate or limit the use of Methyl Tertiary Butyl Ether (MTBE) as a fuel additive in gasoline. 65 Fed. Reg.
16093 (March 24, 2000). MTBE is a chemical compound that is used as a fuel additive in gasoline. Refiners
have primarily added MTBE to gasoline to meet the Clean Air Act (CAA) (42 USC §§ 7401
et seq
. (1996))
requirement that areas with severe problems in attaining the National Ambient Air Quality Standard
(NAAQS) for ozone use Reformulated Gasoline (RFG) containing 2% oxygen by weight. Some refiners also
use MTBE to boost octane of gasoline.
Many states have also voluntarily chosen to use RFG as a means of addressing marginal, moderate, or
serious ozone nonattainment areas. In addition to the RFG program, the CAA also requires the
establishment of a Wintertime Oxygenated Fuel program. Under this program, gasoline must contain 2.7%
oxygen by weight during the wintertime in areas that are not in attainment for the NAAQS for carbon
monoxide. In some cases this requirement is met through the use of MTBE.
USEPA reports that while the use of MTBE as a fuel additive in gasoline has helped to reduce harmful air
emissions, it has also contributed to the contamination of the nation's drinking water supplies. Unlike other
components of gasoline, MTBE dissolves and spreads readily in the groundwater underlying a spill site,
resists biodegradation, and is difficult and costly to remove from groundwater. Low levels of MTBE can
render drinking water supplies unpotable due to its offensive taste and odor. At higher levels, it may also
pose a risk to human health. The United States Geological Survey has found that the occurrence of MTBE
in groundwater is closely related to its use as a fuel additive in the area, finding MTBE in 21 % of ambient
groundwater tested in areas where MTBE is used in RFG, compared with MTBE in only 2 % of ambient
groundwater in areas using conventional gasoline.
USEPA seeks public comment on a number of aspects of this anticipated regulatory action, including
whether it should take action to address any fuel additives other than MTBE. Public comment must be
received on or before May 8, 2000. For general information contact Barbara Cunningham at 202/554-1404; e-
mail: TSCA-Hotline@epa.gov. For technical information contact Karen Smith at 202/564-9674; e-mail:
smith.karen@epa.gov
If adopted by USEPA, the Board would expect the Illinois Environmental Protection Agency to propose a
similar state rule for adoption using the Clean Air Act “fast-track” procedures in Section 28.5 of the
Environmental Protection Act (415 ILCS 5/28.5 (1998)).
United States Environmental Protection Agency to Conduct Public Meeting on Proposed Metal Products
and Machinery Effluent Rulemaking
On March 6, 2000, the United States Environmental Protection Agency (USEPA) announced that it will
conduct a second public meeting on the upcoming Effluent Limitations Guidelines, Pretreatment Standards,
and New Source Performance Standards for the Metal Products and Machinery Point Source Category
proposed rulemaking. The second public meeting will be held on April 10, 2000, from 9:30 a.m. to 12:30 p.m.
in Chicago, Illinois. 65 Fed. Reg. 11755 (March 6, 2000).
The Office of Science and Technology, within USEPA's Office of Water, is holding the second public
meeting in order to inform all interested persons of the current status of the Metal Products and Machinery
(MP&M) effluent guideline. USEPA intends to propose effluent limitations guidelines and standards for the
MP&M industrial category in October 2000.
The public meeting in Chicago will provide the same information as the March 3, 2000 public meeting in
Washington, D.C. (see 65 Fed. Reg. 6950 (February 11, 2000)). The meeting is intended to be a forum in
which USEPA can report on the status of the rulemaking and interested persons can provide information
and ideas to USEPA on key technical, economic, and implementation issues. Although the meeting is open
to the public, the limited amount of seating will be available on a first-come basis.
USEPA is developing proposed effluent limitations guidelines and standards for the MP&M Point Source
Category under authority of the Clean Water Act (33 USC §§ 1251
et seq
. (1996)). The MP&M effluent
limitations guidelines and standards proposal will apply to facilities that manufacture, rebuild, or maintain
finished metal parts, products, or machines. The 18 industrial sectors that are being examined for the
MP&M regulation include the following: aerospace; aircraft; bus and truck; electronic equipment;
hardware; household equipment; instruments; metal finishing and electroplating job shops; mobile
industrial equipment; motor vehicles; office machines; ordnance; precious and non-precious metals;
railroad; ships and boats; stationary industrial equipment; printed circuit boards; and other metal products.
For further information contact: Shari Barash at 202/260-7130; e-mail: barash.shari@epa.gov
United States Environmental Protection Agency Announces Schedule for RCRA Corrective Action
Guidance Documents and Requests Public Comment on RCRA Cleanup Reforms
On March 24, 2000, the United States Environmental Protection Agency (USEPA) announced a schedule for
the availability of Resource Conservation and Recovery Act (RCRA) (42 USC §§ 6901
et seq
. (1996))
corrective action guidance documents, and requested public comment on RCRA cleanup reforms
announced on July 8, 1999. 65 Fed. Reg. 15904 (March 24, 2000).
With this schedule, USEPA intends to encourage greater involvement by states, industry, and the public.
The first draft guidance document that is expected to be available is the Handbook of Groundwater Policies
for RCRA Corrective Action. USEPA expects it to be available for public review and comment in April 2000.
To obtain a copy, persons may call the RCRA Hotline at 800/424-9346. Federal Register Notices will preview
the other two draft guidance documents when they become available later this spring. USEPA also intends
to post these documents on its Corrective Action website at: http://www.epa.gov/correctiveaction.
For more detailed information on specific aspects of the draft guidance documents contact: Andrew Baca at
703/308-6787; e-mail: baca.andrew@epa.gov. For more detailed information on the RCRA Cleanup Reforms
contact: Kevin Donovan at 703/308- 8761; e-mail: donovan.kevin-e@epa.gov
United States Environmental Protection Agency Proposes Regulations to Establish a National Organic
Program
On March 13, 2000, the United States Environmental Protection Agency (USEPA) proposed regulations to
establish a National Organic Program (NOP) under the direction of the Agricultural Marketing Service
(AMS), an arm of the United States Department of Agriculture (USDA). 65 Fed. Reg. 13511 (March 13,
2000). The proposed rule would establish the NOP and is intended to facilitate interstate commerce and
marketing of fresh and processed food that is organically produced and to assure consumers that such
products meet consistent, uniform standards.
This program will establish national standards for the production and handling of organically produced
products, including a National List of substances approved and prohibited for use in organic production
and handling. The regulations will establish a national level accreditation program to be administered by the
AMS for state officials and private persons who want to be accredited as certifying agents. The proposal
includes requirements for labeling products as organic and containing organic ingredients. The regulations
also will provide for importation of organic agricultural products from foreign programs determined to have
equivalent organic requirements. The program is proposed under the Organic Foods Production Act of
1990, as amended. 7 USC §§ 6501
et seq
. (1996).
Public comments on the proposal are due by June 12, 2000. The National Organic Program's homepage on
the Internet is: http://www.ams.usda.gov/nop. For further information contact: Richard Mathews at
202/205-7806.
Rule Update
Board Adopts First Notice Proposal in In the Matter of: Revision of the Board’s Procedural Rules: 35 Ill.
Adm. Code 101-130, R00-20; Dismisses Docket R97-8
On March 16, 2000, the Board proposed revised procedural rules for first notice publication in the
Illinois
Register
to govern how persons initiate and participate in all proceedings before the Board under the
Environmental Protection Act (Act) (415 ILCS 5/1
et seq
. (1998)), and other legislation directing Board
action. Upon final adoption, the proposed rules will replace all of the Board’s existing procedural rules and
all Board resolutions that relate to procedural matters. The Board drafted the proposed rules to more
efficiently and effectively implement the Act and other laws in Board proceedings. To avoid confusion and
distinguish this proposal from the predecessor docket (R97-8), the Board opened this new docket and
dismissed the predecessor docket
In re
Revision of the Board’s Procedural Rules: 35 Ill. Adm. Code 101-130
(March 16, 2000), R97-8. The Board received a significant number of public comment in R97-8, which
prompted many of the changes that the Board proposed in R00-20.
The Board will hold two public hearings in this matter. The first hearing is scheduled for April 11, 2000, at
1:30 p.m., in Room 403, 600 S. Second St., Springfield, Illinois. The second hearing will be held on May 4,
2000, at 1:30 p.m., in Room 9-040, 100 W. Randolph St., James R. Thompson Center, Chicago, Illinois. The
Board intends to make the transcript of each hearing available on the Board’s Web site
(www.ipcb.state.il.us).
The proposal was published at 24 Ill. Reg. 5173 (March 31, 2000). The Board is accepting public comments
until June 1, 2000. The Board will establish a public comment page on its Web site that will contain all new
public comments as well as the opinion and order from the predecessor docket (R97-8). While the public
comment page will be for this proceeding only, it will serve as a pilot program for future Board regulatory
proceedings. In addition to regular mail, public comments may also be submitted to the Clerk’s Office
electronically at clerk@ipcb.state.il.us. Persons wishing to comment should refer to the hearing officer’s
order for specific requirements. The hearing officer’s order will also be posted on the Board’s Web site.
For additional information contact: Carol Sudman at 217/524-8509; e-mail: sudmanc@ipcb.state.il.us
Board Adopts First Notice Proposal in In the Matter of: Conforming and Technical Amendments to 35 Ill.
Adm. Code 809, R00-18
On March 16, 2000, the Board proposed rules to amend 35 Ill. Adm. Code 809 for first notice publication in
the
Illinois Register
. On December 16, 1999, the Board dismissed the Illinois Environmental Protection
Agency’s (IEPA) proposed rules on permitting certain used oil management facilities and used oil
transporters. See
In re
Amendments to Permitting for Used Oil Management and Use Oil Transport: 35 Ill.
Adm. Code 807 and 809 (December 16, 1999), R99-18. Although the Board dismissed the IEPA’s proposed
rules, the Board determined that certain technical changes to Part 809 of the Board’s rules should be
addressed in another rulemaking. The Board also determined that one substantive change to Part 809 was
necessary. The proposed substantive change aligns the State and federal definitions of “on-site,” and
allows unpermitted and unmanifested transport of hazardous waste both across and along public rights of
way. In order to make these changes, the Board, on its own motion, proposed amendments in docket R00-
18.
The Board will accept written public comment for at least 45 days after the date of publication in the
Illinois
Register
. The Board will hold two public hearings in this matter. The first hearing is scheduled for April 20,
2000 at 1:00 p.m. in Room 9-039, 100 W. Randolph St., James R. Thompson Center, Chicago, Illinois. The
second hearing will be held on May 18, 2000 at 9:30 a.m. in Room 403, 600 S. Second St., Springfield, Illinois.
The Board requested the Department of Commerce and Community Affairs (DCCA) conduct an Economic
Impact Study (EcIS), however DCCA did not respond. The Board will rely on a March 10, 2000 letter from
DCCA notifying the Board that it lacks the technical and financial resources to conduct an EcIS for any rule
pending before the Board.
For additional information contact: Joel Sternstein at 312/814-3665; e-mail: sternstj@ipcb.state.il.us
Board Adopts Proposal for Public Comment in In the Matter of: RCRA Subtitle C Hazardous Waste
Update, USEPA Amendmets (July 1, 1999 through December 31, 1999), R00-13
On March 16, 2000, the Board proposed for public comment amendments to the Illinois regulations that are
identical in substance to hazardous waste regulations that the United States Environmental Protection
Agency (USEPA) adopted to implement Subtitle C of the federal Resource Conservation and Recovery Act
of 1976 (RCRA Subtitle C) (42 USC §§ 6921
et seq
. (1996)). Included are amendments that USEPA adopted
during the period July 1, 1999 through December 31, 1999. USEPA took four actions during this period that
necessitated Board action (see 64 Fed. Reg. 36466 (July 6, 1999); 64 Fed. Reg. 52828 (September 30, 1999); 64
Fed. Reg. 56469 (October 20, 1999); and 64 Fed Reg. 63209 (November 19, 1999)).
The federal actions include amendments to the hazardous waste regulations and the universal waste rule
involving the designation of waste lamps as a universal waste. The amendments remove the management of
waste lamps from the generally-applicable hazardous waste regulations. USEPA also adopted technical
corrections to the Phase IV land disposal restrictions and final National Emission Standards for Hazardous
Air Pollutants applicable to hazardous waste combustors.
Sections 7.2 and 22.4(a) of the Environmental Protection Act (Act) (415 ILCS 5/7.2, 22.4(a) (1998)) provide for
quick adoption of regulations that are identical in substance to federal regulations that USEPA adopts to
implement Sections 3001 through 3005 of RCRA (42 USC §§ 6921-6925 (1996)). Section 22.4(a) also provides
that Title VII of the Act and Section 5 of the Administrative Procedure Act (5 ILCS 100/5-35, 5-40 (1998)) do
not apply to the Board’s adoption of identical-in-substance regulations. Therefore, the amendments are not
subject to first or second notice review by the Joint Committee on Administrative Rules.
The proposal for public comment was published at 24 Ill. Reg. 4403 (March 24, 2000). The Board will accept
written public comments for at least 45 days after the date of publication in the
Illinois Register
.
For additional information contact: Michael McCambridge at 312/814-6924; e-mail:
mccambm@ipcb.state.il.us
Board Accepts Regulatory Proposal for Hearing in In the Matter of: Amendments to 35 Ill. Adm. Code
Part 617, Regulated Recharge Area for Pleasant Valley Water District, R00-17
On February 14, 2000, the Illinois Environmental Protection Agency (IEPA) filed a rulemaking proposal
pursuant to Section 27 of the Environmental Protection Act (Act) (415 ILCS 5/27 (1998)). The proposal
would amend Part 617 of the Board’s public water supply rules to establish the State’s first regulatory
recharge area under Section 17.3 of the Act (415 ILCS 5/17.3 (1998)). The proposed amendments would
establish a regulated recharge area for the Pleasant Valley Public Water District in Peoria County, Illinois.
On March 16, 2000, the Board accepted this matter for hearing and directed the hearing officer to schedule
hearings as required pursuant to Title VII of the Act. The Board will accept written public comments for at
least 45 days after the date of publication in the
Illinois Register
. The Board will hold one public hearing in
this matter. The hearing is scheduled for May 9, 2000, at 11:00 a.m., in the County Board Room, Peoria
County Courthouse, 324 Main St., Peoria, Illinois. The Board requested the Department of Commerce and
Community Affairs (DCCA) to conduct an Economic Impact Study (EcIS), however DCCA did not respond.
The Board will rely on a March 10, 2000 letter from DCCA notifying the Board that it lacks the technical and
financial resources to conduct an EcIS for any rule pending before the Board.
For additional information contact: Catherine Glenn at 312/814-6923; e-mail: glennc@ipcb.state.il.us
Appellate Update
Illinois Supreme Court Affirms Fourth District Appellate Court’s Dismissal of Appeal in ESG Watts, Inc.
v. Pollution Control Board, No. 87158 (March 23, 2000)
On March 23, 2000, the Illinois Supreme Court, in a published opinion, affirmed the appellate court’s
dismissal for lack of jurisdiction of ESG Watts, Inc’s. (ESG Watts) appeal of the Board’s decision in People
of the State of Illinois v. ESG Watts, Inc. (February 19, 1998), PCB 96-237. On appeal, ESG Watts did not
name the People of the State of Illinois (State) as a respondent in its petition for review.
In its February 19, 1998 opinion, the Board found ESG Watts had violated financial assurance provisions of
the Environmental Protection Act (Act) (415 ILCS 5/1
et seq.
(1994)) and the Board’s landfill rules at the
Sangamon Valley Landfill and imposed a $256,000 fine. In March 1998, ESG Watts petitioned the appellate
court for review of the Board’s decision. ESG Watts named only the Board in its petition. The Board moved
to dismiss the action on the basis that the appellate court lacked jurisdiction because ESG Watts had not
named the State as a respondent. After considering briefs and oral arguments, the appellate court granted
the Board’s motion and dismissed the case in an unpublished Illinois Supreme Court Rule 23 (155 Ill. 2d R.
23) order. ESG Watts, Inc. v. Illinois Pollution Control Board, No. 4-98-0229 (February 4, 1999). For
additional information on the Rule 23 order see the March 1999 article in the Board’s
Environmental
Register
. The Supreme Court granted ESG Watts’ motion for leave to appeal. The Supreme Court affirmed
the appellate court’s dismissal of the appeal.
The Supreme Court rejected ESG Watts’ argument that a petition for review acts as a notice of appeal and
that it should be subject to a liberal construction and that McGaughy v. Illinois Human Rights Comm’n, 165
Ill. 2d 1, 649 N.E.2d 404 (1995) was distinguishable. The Court found that judicial review of administrative
actions involves the exercise of special statutory review, and that parties must strictly adhere to the
proscribed procedures in the statute. The Court found that a rule of strict construction of petitions for
administrative review is proper, necessary, and mandated by precedent.
The Court also rejected ESG Watts’ argument that the Board is an arm of the State such that the Board and
the State constitute a single party for purposes of the petition for review. The Court quickly distinguished
Bulk Terminals Co. v. Environmental Protection Agency, 29 Ill. App. 3d 978, 331 N.E.2d 260 (1st Dist. 1975),
and stated that there was no reason to treat the Board and the State as one and the same entity for purposes
of appeal. The Court noted that “[t]he Board is not fungible with the State because the Board was the
decisionmaker, in contrast to the prosecutorial role played by the State.” ESG Watts, Inc. v. Pollution
Control Board, No. 87158, slip op. at 6.
The Court further rejected ESG Watts’ argument that Lockett v. Chicago Police Board, 133 Ill. 2d 349, 549
N.E.2d 1266 (1990) was no longer good law. The Court found no reason to depart from Lockett. The
reasoning in Lockett requires a party seeking administrative review to strictly comply with statutes
conferring jurisdiction or face dismissal of the action.
Finally, the Court rejected ESG Watts’ argument that the Fourth District erred in failing to conform its result
to the supervisory orders entered by the Supreme Court in two unrelated appeals in the Third District. The
supervisory orders directed the Third District to vacate dismissals of the two appeals and address the
appeals on the merits. The Court found that ESG Watts had waived this argument by its failure to cite
supporting authority in accordance with Illinois Supreme Court Rule 341(e)(7).
IEPA 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.
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 April 1, 2000.
*
Indicates public water supplies which have been added to the list since the previous publication.
NAME /COUNTY/FACILITY # EPA RGN. PROBLEM POP. SERVED
LISTING DATE
Acorn Acres Sbdv (Lake Co - 0975020)
2
Inadequate Pres Tank
250
12/16/83
Alden Long Grove Nursing Center(Lake Co - 0971090) 2
Inadequate Pres Tank
204
06/15/93
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
Blue Mound (Macon Co - 1150100)
4
Nitrate
1,165
03/15/97
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
Gross Alpha
310
03/15/98
Buckingham (Kankakee Co - 0910250)
2
Inadequate Pres Tank
330
03/17/89
Campus (Livingston Co - 1050050)
4
Inadequate Pres Tank
230
03/20/81
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
Claremont Hls Sbdv (McHenry Co - 1115080)
2
Inadequate Pres Tank
330
03/15/96
Clearview Sbdv (Will Co - 1975360)
2
Inadequate Pres Tank
420
01/13/82
Community Srvc Corp (McHenry Co - 1115350)
2
Inadequate Pres Tank
750
09/16/83
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
Ctzns Liberty Ridge Dvn (DuPage Co - 0435650)
2
Iandequate Pres Tank
2,510
03/15/94
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 Moreland Wtr Assn (Will Co - 1975600)
2
Inadequate Pres Tank
753
03/20/81
East Moreland Wtr Corp (Will Co - 1975640)
2
Inadequate Pres Tank
135
03/15/96
Echo Lake Wtr Sys Block 7 (Lake Co - 0975820)
2
Inadequate Pres Tank
48
09/16/83
Edelstein (Peoria Co - 1435150)
5
Adjusted Gross Alpha
125
03/15/98
Ellis Grove (Randolph Co - 1570200)
6
Trihalomethane
720
12/16/96
Elm Oak Mutual Wtr Syst (Lake Co - 0975736)
2
Inadequate Pres Tank
45
06/13/86
Emmett Utl Inc (McDonough Co - 1095200)
5
Inadequate Pres Tank
39
12/17/82
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
Forest Lake Addn (Lake Co - 0975500)
2
Inadequate Pres Tank
180
12/16/83
Frwrd-Skyline Cpy (Kane Co - 0895030)
2
Inadequate Pres Tank
1,300
09/19/86
Garden Street Imprv Assn (Will Co - 1975376)
2
Inadequate Pres Tank
62
09/15/89
Glasford (Peoria Co - 1430350)
5
Adjusted Gross Alpha
1,115
12/15/97
Glenkirk Campus North (Lake Co - 0977189)
2
Inadequate Pres Tank
64
06/15/88
Glenkirk Campus South (Lake Co - 0977199)
2
Inadequate Pres Tank
36
06/15/88
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
Greenwood Outback (LaSalle Co - 0990080)
1
Inadequate Pres Tank
12/15/98
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
Atrazine
250
03/15/99
Highland Lake Sbdv (Lake Co - 0975750)
2
Inadequate Pres Tank
294
03/20/81
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
Huntley Cmnty Sbdv (Will Co - 1975840)
2
Inadequate Pres Tank
48
03/16/84
Ingalls Pk Sbdv (Will Co - 1975880)
2
Inadequate Pres Tank
690
09/16/83
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
Larchmont Sbdv (Winnebago Co - 2015290)
1
Inadequate Pres Tank
106
06/17/83
Larson Court Rentals (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
Lemon Street Wl Cmpny Inc (Rock Island Co-1615550)
1
Inadequate Pres Tank
470
03/20/81
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 Swan Lake Sndst (Warren Co - 1875050)
5
Inadequate Pres Tank
250
03/15/98
London Mills (Fulton Co - 0574620)
5
Inadequate Pres Tank
670
12/14/84
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
Maple Leaf Ests Wtr Corp (Monroe Co - 1335100)
6
Inadequate Pres Tank
39
03/20/81
Mapleton (Peoria Co - 1430500)
5
Adjusted Gross Alpha
350
03/15/98
Mayfair Sbdv (Tazewell Co - 1795750)
5
Inadequate Pres Tank
150
03/16/90
Mound PWD (St Clair Co - 1635050)
6
Inadequate Plant Capacity
1,800
06/17/96
*Mount Olive (Macoupin - 1170700)
5
Trihalomethane
2,150
03/15/00
*New Hope Wtrwks Corp (Wayne Co - 1915100)
7
Trihalomethane
676
03/15/00
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
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
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 Ridge Assn (McHenry Co - 1115730)
2
Inadequate Pres Tank
140
03/16/90
Princeville (Peoria Co - 1430750)
5
Adjusted Gross Alpha
1,815
12/15/97
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
Sbdv Wtr Trust No 1 (Kane Co - 0895300)
2
Inadequate Pres Tank
1,120
03/20/81
*Scottville (Macoupin Co - 1170010)
5
Trihalomethane
510
3/15/00
Shawnita Trc Wtr Assn (Will Co - 1977690)
2
Inadequate Pres Tank
125
09/17/92
Skyview Estates (Kankakee Co - 0915526)
2
Inadequate Pres Tank
65
09/14/84
Sorento (Bond Co - 0050300)
6
Trihalomethane
750
09/16/96
Spring Creek Wtr Assn (Macoupin Co - 1175450)
5
Trihalomethane
60
09/16/96
St Charles Cmsn Wlfnd 3 (DuPage Co - 0437040)
2
Inadequate Pres Tank
30
12/15/89
Staunton Res Rd Wtr (Macoupin Co - 1175250)
5
Trihalomethane
70
12/16/96
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
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
Sylvan Lake 1st Sbdv (Lake Co - 0977100)
2
Inadequate Pres Tank
210
06/14/91
Three County PWD (Madison Co - 1195450)
6
Trihalomethane
1,500
12/12/99
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
Turkey Hollow Well Corp (Rock Island Co - 1615686)
1
Inadequate Pres Tank
32
06/18/82
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
Wermes Sbdv (Kane Co - 0895750)
2
Inadequate Pres Tank
150
12/16/88
Salem (Edwards Co - 0470200)
7
Inadequte Treatment Plant
1,058
03/15/99
West Shoreland Sbdv (Lake Co - 0977050)
2
Inadequate Pres Tank
220
06/14/91
Westfield (Clark Co - 0230200)
4
Inadequate Water Source
700
06/15/93
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
Woodland Hts Ests Sbdv (Peoria Co - 1435760)
5
Inadequate Pres Tank
245
03/20/81
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
Ashley (Washington Co - 1890100)
Belmont-Highwood PWD (DuPage Co - 0435180)
(Macoupin Co - 1170050)
Buck Lake Ests Sbdv (DeKalb Co - 0375100)
Byron Woods Sbdv (Rock Island Co - 1610070)
Coffeen (Montgomery Co - 1350150)
Hull (Pike Co - 1490350)
Hutsonville (Crawford Co - 0330100)
Kaho PWD (Macoupin Co - 1170030)
Maple Hill Imprv Assn (DuPage Co - 0435800)
Mount Gilead Shlcrhm (Greene Co - 0615129)
Sawyerville (Macoupin Co - 1170850)
Shipman (Macoupin Co - 1170950)
Taylor Springs (Montgomery Co - 1350650)
White City (Macoupin Co - 1171150)
Wilsonville (Macoupin Co - 1171200)
IEPA 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 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 April 1, 2000.
*
Indicates public water supplies which have been added to the list since the previous publication.
NAME /COUNTY/FACILITY # EPA RGN. PROBLEM POP. SERVED
LISTING DATE
Bayles Lake Lot Owners Assn (Iroquois Co - 0755110)
4
Inadequate Pres Tank
442
03/15/98
Bluford (Jefferson Co - 0810100)
7
Low System Pressure
465
03/20/81
Browning (Schuyler Co - 1690050)
5
Inadequate Source
495
03/15/98
Ctzns Chickasaw Hills Div (Will Co - 1975320)
2
Low System Pressure
7,700
09/17/92
Clayton Camp Point Wtr Cmsn (Adams Co - 0015200)
5
Inad Pumping Capacity
1,200
09/15/98
Clinton (DeWitt Co - 0390050)
4
Inad Plant Capacity
7,437
06/14/91
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
Evansville (Randolph Co - 1570250)
6
Low System Pressure
1,838
05/25/81
Galena (Jo Daviess Co - 0850200)
1
Low System Pressure
3,790
06/15/99
Georgetown (Vermilion Co - 1830350)
4
Inadequate Water Plant
3,678
06/15/93
Highland Hills Sndst (DuPage Co - 0435560)
2
Inadequate Pres Tank
1,100
09/17/92
Homer (Champaign Co - 0190300)
4
Inadequate Source
1,300
03/15/94
Joy (Mercer Co - 1310100)
1
Low System Pressure
495
06/15/99
Kincaid (Christian Co - 0210250)
5
Plant Capacity
2,640
06/14/85
LaMoille (Bureau Co - 0110500)
5
Inadequate Plant Capacity
750
06/15/99
Lee (Lee Co - 1034600)
1
Inadequate Pres Tank
350
03/15/98
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
Pearl (Pike Co - 1490650)
5
Inadequate Pres Tank
322
09/17/82
Pheasant Knolls Sbdv (Lake Co - 0970290)
2
Inadequate Pres Tank
130
09/15/98
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
Tower Ridge Sbdv (Rock Island Co - 1615780)
1
Inadequate Pres Tank
70
03/15/94
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
Wonder Lake Wtr Cmpny (McHenry Co - 1115750)
2
Inadequate Storage
1,080
12/14/90
Board Actions
March 2, 2000
Springfield, Illinois
Rulemakings
R00-13
In the Matter of: RCRA Subtitle C Hazardous Waste Update, USEPA
Amendments (July 1, 1999 through December 31, 1999) - The Board adopted
a proposal for public comment in this “identical-in-substance” rulemaking to
amend the Board’s hazardous waste regulations.
Vote 6-0
R00-17
In the Matter of: Amendments to 35 Ill. Adm. Code Part 617, Regulated
Recharge Area for Pleasant Valley Water District - The Board accepted for
hearing the Illinois Environmental Protection Agency’s February 14, 2000
proposal to amend the Board’s public water supply.
Vote 6-0
Administrative Citations
AC 00-3
et al.
(Cons.)
AC 00-64
AC 00-65
AC 00-66
County of Sangamon v. ESG Watts, Inc. - The Board accepted for hearing the
three most recently-filed petitions against ESG Watts, Inc., those filed in AC
00-64, 65, and 66 for hearing; the Board had previously accepted for hearing
34 earlier-filed petitions for review. The Board, on its own motion
consolidated, for purposes of hearing, all 37 of the currently pending
administrative citations against ESG Watts, Inc. pursuant to 35 Ill. Adm. Code
103.141.
Vote 6-0
AC 00-62
Wayne County Health Department v. John Heern - The Board found that this
Wayne County respondent violated Section 21(p)(1) of the Act (415 ILCS
5/21(p)(1) (1998)), and ordered respondent to pay a civil penalty of $500.
Vote 6-0
AC 00-69
IEPA v. Raymond Pollock - The Board accepted for hearing this petition for
review of an administrative citation against this Douglas County respondent.
Vote 6-0
Adjudicatory Cases
∙
∙
Decisions
PCB 96-261
People of the State of Illinois v. G.M. Demolition Corporation - The Board
granted relief from the hearing requirement of Section 31(c)(2) of the
Environmental Protection Act (415 ILCS 5/31(c)(2) (1998)), accepted a
stipulation and settlement agreement in this air enforcement action
concerning asbestos demolition and renovation activity performed at various
sites in Cook and Kankakee Counties, ordered the respondent to pay a civil
penalty of $8,000, and to cease and desist from further violations.
Vote 6-0
PCB 98-114
David Mulvain v. Village of Durand - The Board found that respondent
violated Sections 12(a) and (f) of the Act (415 ILCS 5/21(a), 21(f) (1998)) and
35 Ill. Adm. Code 306.303 and 306.304, found that a civil penalty was not
necessary, and directed respondent to cease and desist from further
violations.
Vote 6-0
PCB 00-25
KRKH, Inc. v. IEPA, Studio 21 Limited, Joe and Theresa Sclafini, and
Midwest Bank and Trust As Trustee Under Trust No. 74-11-1383 - The Board
granted this DuPage County facility an exception to the prohibition of siting
a new potential source within the setback zone of a potable water supply
well, pursuant to Section 14.2(c) of the Environmental Protection Act (415
ILCS 5/14.2(c) (1998)), subject to conditions.
Vote 5-0
Melas
abstained
PCB 00-68
Village of White City v. IEPA - The Board granted this Macoupin County
facility a variance from the public water supply regulations found at 35 Ill.
Adm. Code 602.105(a), 602.106(a), and 611.310(c), subject to conditions.
Vote 6-0
PCB 00-114
Three County Public Water District v. IEPA - The Board granted this
Madison County facility a variance from the public water supply regulations
found at 35 Ill. Adm. Code 602.105(a), 602.106(a), and 611.310(c), subject to
conditions.
Vote 6-0
Motions and Other Matters
PCB 96-209
People of the State of Illinois v. Macon County Landfill Corporation - Upon
receipt of three separate citizens’ request for hearing, the Board denied the
request for relief from the hearing requirement of Section 31(c)(2) of the
Environmental Protection Act (415 ILCS 5/31(c)(2) (1998)), and ordered this
land enforcement action to proceed to hearing.
Vote 6-0
PCB 97-50
Lionel Trepanier, Wes Wager, Maureen Minnick, Lorenz Joseph, Maxworks
Garden Cooperative and Avi Pandya v. Speedway Wrecking Company and
the Board of Trustees of the University of Illinois - The Board denied
complainants’ motions to vacate the Board’s January 6, 2000 order and for a
rehearing.
Vote 6-0
PCB 97-75
People of the State of Illinois v. John Jankowski - The Board granted
complainant’s motion for voluntary dismissal of this land enforcement action
involving a Lake County facility.
Vote 6-0
PCB 98-59
Morton College Board of Trustees of Illinois Community College District No.
527 v. Town of Cicero - The Board granted complainant’s motion to
voluntarily dismiss its complaint and directed the third-party complainant to
show why the third-party complaint should not be dismissed as moot by
March 9, 2000.
Vote 6-0
PCB 98-149
North Shore Sanitary District v. IEPA - The Board granted petitioner’s motion
for voluntary dismissal of this permit appeal involving a Lake County facility.
Vote 6-0
PCB 99-152
People of the State of Illinois v. Eagle-Picher Industries - The Board granted
complainant’s first amended motion to correct misnomer and to amend the
complaint and to file a first amended complaint.
Vote 6-0
PCB 00-92
Colony of Longmeadow HOA v. Dominick’s (Mundelein Facility) - The Board
granted the motion for leave to file an amended formal complaint adding
respondents and accepted the amended complaint filed in response to the
Board’s January 6, 2000 order.
Vote 6-0
PCB 00-137
Berwyn Auto 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
Cook County facility.
Vote 6-0
PCB 00-138
Granite City Sheet Metal 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 Madison County facility.
Vote 6-0
PCB 00-139
L. Wolf Company v. IEPA - The Board granted this request for a 90-day
extension of time to file an underground storage tank appeal on behalf of this
Madison County facility.
Vote 6-0
March 16, 2000
Chicago, Illinois
Rulemakings
R97-8
In the Matter of: Revision of the Board’s Procedural Rules: 35 Ill. Adm. Code
101-130 - On its own motion, the Board dismissed this docket to amend the
Board’s procedural rules.
Vote 5-0
R00-18
In the Matter of: Conforming and Technical Amendments to 35 Ill. Adm. Code
809 - On its own motion, the Board issued a first-notice opinion and order in
this matter to amend the Board’s solid waste and special waste hauling
regulations.
Vote 5-0
R00-20
In the Matter of: Revision of the Board’s Procedural Rules: 35 Ill. Adm. Code
101-130 - On its own motion, the Board issued a first-notice opinion and order
in this matter proposing to amend the Board’s procedural rules and scheduling
hearings April 11, and May 4, 2000.
Vote 5-0
Adjusted Standard
AS 96-10
In the Matter of Petition of Commonwealth Edison Company for an Adjusted
Standard from 35 Ill. Adm. Code 302.211(d) and (e) -The Board granted the joint
motion of Commonwealth Edison Company (ComEd) and Midwest Generation
to reopen this docket and substitute Midwest Generation as the petitioner and
holder of the adjusted standard previously granted to ComEd in an order dated
October 3, 1996.
In re
Petition of Commonwealth Edison Company for an
Adjusted Thermal Standard from 35 Ill. Adm. Code 302.211(d) and (e) (October
3, 1996), AS 96-10.
Vote 5-0
Administrative Citations
AC 00-33
County of Sangamon v. American Tree Service, Roy F. Throop - The Board
granted respondent’s motion for reconsideration of the January 20, 2000 Board
Order, and reinstated the petition for review, which will proceed to hearing.
Vote 4-0
Kezelis
abstained
AC 00-67
IEPA v. Tony Brown - The Board found that this Champaign County
respondent violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (1998)), and
ordered respondent to pay a civil penalty of $500.
Vote 5-0
Adjudicatory Cases
∙
∙
Decisions
PCB 00-57
People of the State of Illinois v. J&J Services, Inc. - The Board granted relief
from the hearing requirement of Section 31(c)(2) of the Environmental
Protection Act (415 ILCS 5/31(c)(2) (1998)), accepted a stipulation and
settlement agreement in this air enforcement action concerning a facility located
in
Jefferson
County, Illinois, and ordered the respondent to pay a civil penalty
of
$7,500
, and to cease and desist from further violations.
Vote 5-0
PCB 00-97
People of the State of Illinois v. Southern Mold, Inc. - The Board granted relief
from the hearing requirement of Section 31(c)(2) of the Environmental
Protection Act (415 ILCS 5/31(c)(2) (1998)), accepted a stipulation and
settlement agreement in this air enforcement action concerning a facility located
in
Williamson
County, Illinois, and ordered the respondent to pay a civil
penalty of
$500
, and to cease and desist from further violations.
Vote 5-0
∙
∙
Provisional Variances
PCB 00-152
The United States Army Corps of Engineers-Crab Orchard v. IEPA - Upon
receipt of an Illinois Environmental Protection Agency recommendation, the
Board granted this Williamson County facility a 45-day provisional variance,
subject to conditions, from 35 Ill. Adm. Code 237.102, which prohibits open
burning.
Vote 5-0
Motions and Other Matters
PCB 95-109
ESG Watts, Inc. v. IEPA -
The Board grant
ed
petitioner’
s motion for leave to
file its response
and
grant
ed respondent’s
motion for summary judgment.
Vote 5-0
PCB 95-110
ESG Watts, Inc. v. IEPA -
The Board grant
ed
petitioner’
s motion for leave to
file its response
and
grant
ed respondent’s
motion for summary judgment.
Vote 5-0
PCB 95-163
People of the State of Illinois v. Clark Refining & Marketing, Inc. - The Board
granted respondent’s motion to amend the partial stipulation and proposal for
settlement previously accepted by the Board on November 22, 1996.
Additionally, upon receipt of a proposed stipulation and settlement agreement
and an agreed motion to request relief from the hearing requirement in this land
enforcement action involving a facility located in Madison County, the Board
ordered publication of the required newspaper notice.
Vote 5-0
PCB 97-59
People of the State of Illinois v. Rockford Speedway, Inc. - Upon receipt of a
proposed stipulation and settlement agreement and an agreed motion to
request relief from the hearing requirement in this land enforcement action
involving a facility located in Winnebago County, the Board ordered
publication of the required newspaper notice.
Vote 5-0
PCB 97-103
People of the State of Illinois v. State Oil Company, William Anest, f/d/b/a S&S
Petroleum Products, Peter Anest, f/d/b/a S&S Petroleum Products, Charles
Abraham, Josephine Abraham, and Milstream Service, Inc. - The Board granted
cross-complainants’ motion for leave to file a second amended cross-complaint.
Vote 5-0
PCB 97-193
People of the State of Illinois v. Community Landfill Company, Inc. - The Board
denied respondent’s motion to dismiss the second amended complaint and
ordered this matter to proceed to hearing.
Vote 5-0
PCB 98-59
Town of Cicero v. National Jockey Club - The Board granted third-party
complainant’s motion to voluntarily dismiss its complaint.
Vote 5-0
PCB 98-107
Rogers O’Hare Motor Terminal Limited v. ABF Freight Systems, Inc. - The
Board granted complainant's motion for voluntary dismissal of this
underground storage tank appeal involving a Cook County facility.
Vote 5-0
PCB 00-106
Village of Downers Grove v. IEPA - Having previously granted a request for a
90-day extension, the Board dismissed this matter because no underground
storage tank appeal was timely filed on behalf of this DuPage County facility.
Vote 5-0
PCB 00-107
The Dow Chemical Company (Joliet Plant) v. IEPA - Having previously granted
a request for a 90-day extension, the Board dismissed this matter because no
permit appeal was timely filed on behalf of this Will County facility.
Vote 5-0
PCB 00-116
Fox River Water Reclamation District v. IEPA - Having
received a petition for
review
on behalf of this Kane County facility, which was docketed in as PCB
00-147, the Board dismissed this reserved docket as unnecessary.
Vote 5-0
PCB 00-133
John M. Giertych, Oak Ridge Property Owners v. Tyson Corporation - The
Board granted respondents’ motion for extension of time to file a response.
Vote 5-0
PCB 00-140
Gladys L. Knox and David A. Knox v. Turris Coal Company and AEI Resources,
Inc. - The Board granted respondents’ motion for extension of time to file a
response.
Vote 4-0
Manning
abstained
PCB 00-141
E.G. Vogt Oil Company, Inc. v. IEPA - The Board granted this request for a 90-
day extension of time to file an underground storage tank appeal on behalf of
this Madison County facility.
Vote 5-0
PCB 00-142
People of the State of Illinois v. Keystone Consolidated Industries, Inc., d/b/a
Keystone Steel & Wire Company - The Board accepted for hearing this
Resource Conservation and Recovery Act enforcement action against this
Peoria County facility.
Vote 5-0
PCB 00-144
Federal-Mogul Corporation 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.
Vote 5-0
PCB 00-145
Marathon Ashland Petroleum, 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 DuPage County facility.
Vote 5-0
PCB 00-146
C.C. Dillon Company v. Office of the State Fire Marshal - The Board accepted
for hearing this underground storage tank appeal involving a Madison County
facility.
Vote 5-0
PCB 00-147
Fox River Water Reclamation District v. IEPA - The Board accepted for hearing
this permit appeal involving a Kane County facility.
Vote 5-0
PCB 00-149
Northwestern Steel and Wire Company v. IEPA - The Board granted this
request for a 90-day extension of time to file a permit appeal on behalf of this
Whiteside County facility.
Vote 5-0
PCB 00-150
AC Humko (Morgan Specialties) v. IEPA - The Board granted this request for a
90-day extension of time to file a permit appeal on behalf of this Edgar County
facility.
Vote 5-0
PCB 00-151
People of the State of Illinois v. Cleveland Steel Container Corporation - The
Board accepted for hearing this air enforcement action against this Will County
facility.
Vote 5-0
New Cases
March 2, 2000 Board Meeting
00-137
Berwyn Auto 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 Cook County facility.
00-138
Granite City Sheet Metal 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 Madison
County facility.
00-139
L. Wolf Company v. IEPA - The Board granted this request for a 90-day extension of time to file
an underground storage tank appeal on behalf of this Madison
County facility.
00-140
Gladys L. Knox and David A. Knox v. Turris Coal Company and AEI Resources, Inc. - The
Board held for a later duplicitous/frivolous determination this citizens’ noise enforcement action
involving a Sangamon County facility.
AC 00-70
IEPA v. American Disposal Services of Illinois, Inc. and Dave Bryant - The Board accepted
an administrative citation against these Livingston County respondents.
R00-17
In the Matter of: Amendments to 35 Ill. Adm. Code Part 617, Regulated Recharge Area for
Pleasant Valley Public Water District- The Board accepted the Illinois Environmental Protection
Agency’s February 14, 2000 proposal to amend the Board’s public water supply for hearing.
March 16, 2000 Board Meeting
00-141
E.G. Vogt Oil Company, Inc. v. IEPA - The Board granted this request for a 90-day extension of
time to file an underground storage tank appeal on behalf of this Madison County facility.
00-142
People of the State of Illinois v. Keystone Consolidated Industries, Inc., d/b/a Keystone Steel &
Wire Company - The Board accepted for hearing this Resource Conservation and Recovery Act
enforcement action against this Peoria County facility.
00-143
Curtis Masterson v. City of Fairfield - The Board held for a later duplicitous/frivolous
determination this citizen’s air enforcement action involving a Wayne County facility.
00-144
Federal-Mogul Corporation 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.
00-145
Marathon Ashland Petroleum, 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 Dupage County facility.
00-146
C.C. Dillon Company v. Office of the State Fire Marshal - The Board accepted for hearing this
underground storage tank appeal involving a Madison County facility.
00-147
Fox River Water Reclamation District v. IEPA - The Board accepted for hearing this permit
appeal involving a Kane County facility.
00-148
Wayne and Sonja Hall v. Richard L. Miller and Mary J. Miller d/b/a R&M Metals - The Board
held for a later duplicitous/frivolous determination this citizens’ noise enforcement action involving a
Douglas County facility.
00-149
Northwestern Steel and Wire Company v. IEPA - The Board granted this request for a 90-day
extension of time to file a permit appeal on behalf of this Whiteside County facility.
00-150
AC Humko (Morgan Specialties) v. IEPA - The Board granted this request for a 90-day
extension of time to file a permit appeal on behalf of this Edgar County facility.
00-151
People of the State of Illinois v. Cleveland Steel Container Corporation - The Board accepted for
hearing this air enforcement action against this Will County facility.
00-152
The United States Army Corps of Engineers-Crab Orchard v. IEPA - Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board granted this Williamson County facility a
45-day provisional variance, subject to conditions, from 35 Ill. Adm. Code 237.102, which prohibits open
burning.
AC 00-72
IEPA v. Carl White - The Board accepted an administrative citation against this Jefferson
County respondent.
R00-18
In the Matter of: Conforming and Technical Amendments to 35 Ill. Adm. Code 809 - On its own
motion, the Board issued a first-notice opinion and order in this matter to amend the Board’s solid
waste and special waste hauling regulations.
R00-20
In the Matter of: Revision of the Board’s Procedural Rules: 35 Ill. Adm. Code 101-130 - On its
own motion, the Board issued a first-notice opinion and order in this matter proposing to amend the
Board’s procedural rules and scheduling hearings April 11, and May 4, 2000.
Calendar
4/11/2000
1:30 pm
R00-20
In the Matter of: Revision of the Board’s
Procedural Rules: 35 Ill. Adm. Code 101-
130
Illinois Pollution Control
Board
Hearing Room 403
600 South Second Street
Springfield, IL
4/18/2000
9:30 am
PCB 96-209
People of the State of Illinois v. Macon
County Landfill Company
Macon County Building
Room 507
253 East Wood
Decatur, IL
4/19/2000
9:30 am
PCB 96-209
People of the State of Illinois v. Macon
County Landfill Company
Macon County Building
Room 507
253 East Wood
Decatur, IL
4/20/2000
10:30 am
Illinois Pollution Control Board
Meeting
James R. Thompson
Center
100 W. Randolph Street
Room 9-040
Chicago, IL
4/20/2000
1:00 pm
R00-18
In the Matter of: Conforming and
Technical Amendments to 35 Ill. Adm.
Code 809
James R. Thompson Center
Room 9-039
100 W. Randolph Street
Chicago, IL
5/2/2000
9:30 am
PCB 00-124
Agrium U.S., Inc. v. IEPA
Municipal Building
Council Chambers
426 East Park Row
Henry, IL
5/3/2000
PCB 00-124
Agrium U.S., Inc. v. IEPA
Municipal Building
Council Chambers
426 East Park Row
Henry, IL
5/4/2000
9:00 am
PCB 96-119
People of the State of Illinois v. We
Shred It, Incorporated
Christian County
Couthouse
County Board Room
101 South Main Street
Taylorville, IL
5/4/2000
10:30 am
Illinois Pollution Control Board
Meeting
James R. Thompson
Center
100 W. Randolph Street
Room 2-025
Chicago, IL
5/4/2000
1:30 pm
R00-20
In the Matter of: Revision of the Board’s
Procedural Rules: 35 Ill. Adm. Code 101-
130
James R. Thompson Center
Room 9-040
100 W. Randolph Street
Chicago, IL
5/5/2000
9:00 am
PCB 96-119
People of the State of Illinois v. We
Shred It, Incorporated
Christian County
Couthouse
County Board Room
101 South Main Street
Taylorville, IL
5/9/2000
9:30 am
PCB 99-69
Land and Lakes Company v. Randolph
County Board of Commissioners
Randolph County
Courthouse
Third Floor Lounge
1 Taylor Street
Chester, IL
5/9/2000
11:00 am
R00-17
In the Matter of: Proposed Regulated
Recharge Area for Pleasant Valley Public
Water District, Proposed Amendments to
35 Ill. Adm. Code Part 617
Peoria County Courthouse
Board Room
324 Main Street
Peoria, IL
5/10/2000
9:30 am
PCB 99-69
Land and Lakes Company v. Randolph
County Board of Commissioners
Randolph County
Courthouse
Third Floor Lounge
1 Taylor Street
Chester, IL
5/16/2000
9:30 am
PCB 99-127
Ted Harrison Oil Company v. IEPA
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
5/17/2000
9:30 am
PCB 99-127
Ted Harrison Oil Company v. IEPA
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
5/18/2000
9:30 am
R00-18
In the Matter of : Conforming and
Technical Amendments to 35 Ill. Code
809
Illinois Pollution Control
Board
Hearing Room 403
600 South Second Street
Springfield, IL
5/18/2000
10:30 am
Illinois Pollution Control Board
Meeting
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
5/23/2000
9:30 am
PCB 99-19
Anthony and Karen Roti, Paul
Rosenstrock, and Leslie Weber v. LTD
Commodities
Libertyville Village Hall
118 West Cook Avenue
Libertyville, IL
5/24/2000
9:30 am
PCB 99-19
Anthony and Karen Roti, Paul
Rosenstrock, and Leslie Weber v. LTD
Commodities
Libertyville Village Hall
118 West Cook Avenue
Libertyville, IL
5/25/2000
9:30 am
PCB 99-19
Anthony and Karen Roti, Paul
Rosenstrock, and Leslie Weber v. LTD
Commodities
Libertyville Village Hall
118 West Cook Avenue
Libertyville, IL