9212-461.PDF

INFORMATION SERVICES AVAILABLE FROM THE BOARD

Printed on Recycled Paper

NVIRONMENTAL

EGISTER

Illinois Pollution Control Board News

No. 461 December 2, 1992

RULEMAKING UPDATE

NEW SOURCE REVIEW CAA RULES PROPOSED FOR FIRST

NOTICE, R92-21

On November 19, 1992, the Board adopted a Clean Air Act

rulemaking proposal for First Notice publication in the

Illinois

Register

. The proposal addresses construction and operation

permitting for new or modified major stationary sources in

nonattainment areas. The proposal represents one segment of

Illinois' ultimate submittal of a complete State Implementation

Plan (SIP) to the U.S. Environmental Protection Agency.

Pursuant to Section 182(a) of the Clean Air Act, as amended in

1990, Illinois was to have adopted and submit its plan by

November 15, 1992.

The Agency filed the proposal on November 13, 1992,

pursuant to newly-adopted Section 28.5 of the Act. (P.A. 87-

1213, effective September 26, 1992.) The Board accepted it for

hearing. Pursuant to Section 28.5, the Board was required to

proceed within set time-frames toward the adoption of this

regulation. The Board lacks any discretion to adjust these time-

frames under any circumstances. For this reason, the hearing

schedule is not subject to modification, except as provided by

Section 28.5. The Board will accept public comments on the

proposal. Address comments to Dorothy Gunn, Clerk, Illinois

Pollution Control Board, 100 W. Randolph, Chicago, Illinois,

60601. Serve copies on all persons listed on the service list,

available from the same address.

Three public hearings are scheduled as follows:

Wednesday, January 6, 1993

Tuesday, February 5, 1993

Friday, February 19, 1993

10:00 a.m.

State of Illinois Building

Room C-500

160 North LaSalle Street

Chicago, Illinois

Those interested in participating should contact the hearing

officer. Address questions to Hearing Officer Marie E. Tipsord, at

(312) 814-4925. (Please refer to docket R92-21.)

PROPOSED RCRA RULES REVISED IN RESPONSE TO

USEPA CORRECTION, R92-10

On November 19, 1992, the Board entered an order noting

that USEPA had already repealed a subsection which the Board

had proposed to adopt in this RCRA update R92-10. The Board

adopted a proposed opinion and order in this RCRA update

docket on October 16, 1992. The proposal included a new April

28, 1993 "sunset provision" for the "mixture and derived from"

rules. This was derived from a corresponding USEPA rule added

March 3 and June 1, 1992 and repealed on October 30, 1992.

The Board decided to withdraw the proposed sunset provision

without delay. If the Board were to adopt the provision in this

docket and wait until the next RCRA update docket to repeal it, a

major difference between the USEPA and Illinois rules would

result during the interim. The public comment period for docket

R92-10 ends December 21, 1992. Address comments to

Dorothy Gunn, Clerk, Illinois Pollution Control Board, 100 W.

Randolph, Chicago, Illinois, 60601. Direct questions to Morton

F. Dorothy, at 217-333-5575. (Refer to docket R92-10.)

SDWA UPDATE & CORRECTIONS ADOPTED, R92-9/R91-3

On November 3, 1992, the Board adopted amendments to the

state SDWA regulations. These rules incorporate the federal

Phase II amendments and corrections to the Phase I rules. The

amended drinking water rules add three microbiological test

methods and several new maximum contaminant levels for

inorganic and organic chemical contaminants, along with

monitoring requirements necessary to demonstrate compliance.

The primary federal amendments involved in this docket occurred

in January and July, 1991; amendments occurring in January and

INFORMATION SERVICES AVAILABLE FROM THE BOARD

See the inside of this page for details on informational items available from the Board. These items include

a subscription service for Board opinions and orders and copies of the landfill regulations in electronic format.

The Board also maintains an electronic Bulletin Board System (BBS) at 312-814-1590. There is no charge

for access to the BBS. See the inside of this page for details.

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/ December 2, 1992

Environmental Register No. 461

June, 1992 were included in response to public comments.

SDWA Update, continued on page 3

ENVIRONMENTAL INFORMATION SERVICES

AVAILABLE FROM THE BOARD

The Board has the following information available:

POLLUTION CONTROL BOARD ELECTRONIC BULLETIN BOARD SYSTEM (BBS).

The Pollution Control Board operates an

electronic BBS at 312-814-1590. The BBS is available 24 hours a day, 7 days a week, to anyone with access to a computer and

a modem - there is no charge for access to the BBS. The best communications settings are 8 data bits (or data length 8), no

parity (or parity = none) and 1 stop bit, i.e., 8-N-1. The best terminal emulation is ANSI-BBS or just ANSI. The BBS contains

Board Agendas, Environmental Registers, Annual Reports, and various documents about the Board. You may download these

documents to your computer. For additional information contact Bill Forcade at the Board Offices 312-814-3620.

SUBSCRIPTION SERVICE OF BOARD OPINIONS AND ORDERS.

The subscription service comprises all the Opinions and

Orders issued by the Pollution Control Board in a fiscal year (July 1 through June 30). The Board meets approximately twice

monthly in order to issue Opinions and Orders.. Usually no later than the end of each month, a volume is issued containing the

Opinions and Orders of the Board from the preceding month.

HARD COPIES OF BOARD OPINIONS AND ORDERS FOR FISCAL YEAR 1992

(July 1, 1991 through June 30, 1992)

ARE

AVAILABLE FOR IMMEDIATE DELIVERY.

The cost is $350.00 per set.

Two formats will be offered starting July 1 of this year (FY93): a hard paper copy for $350.00 per year and an electronic

version for $275.00 per year. The electronic version will consist of Opinions and Orders in the WordPerfect 5.1 format on either

3.5" or 5.25" inch diskettes. The electronic format will allow for word searches and other useful tools provided by the

WordPerfect software.

When ordering, please specify the choice of either the hard copy or electronic version. If ordering the electronic version,

please specify 3.5" or 5.25" diskettes.

SUBSCRIPTION SERVICE FOR BOARD OPINIONS AND ORDERS

Enclosed is a check in the amount of __________ made payable to the Illinois Pollution Control Board for the

subscription service to the Board's opinions and orders.

Name__________________________________________________Fiscal Year Ordered____________________

(FY92 available in hard copy only).

Address________________________________________________

City/State/Zip___________________________________________

Hard Copy_________________________

Hard Copy Cost per FY: $350.00

Electronic Copy______________________________

Electronic Copy Cost for FY93: $275.00

Disk Size__________________________

Please send to:

(5.25" 1.2 MB or 3.5" 1.44 MB)

Joseph D'Alessandro

Illinois Pollution Control Board

100 W. Randolph St., Ste. 11-500

Chicago, IL 60601

Environmental Register No. 461

December 2, 1992/Page

December 2, 1992/Page 3

SDWA Update, continued from page 1

The adopted rules differ from those proposed last March as a

result of the public comments received. Several modifications

were to make the rules follow the federal text more closely.

Others included later federal amendments that affected the same

provisions.

Another major group of revisions addressed

USEPA comments regarding the Phase I rules adopted by the

Board in August, 1990, in order to maintain state primacy in the

drinking water program. USEPA had imposed a December

deadline on the Phase I corrections, so the Board acted on these

together with docket R91-3 without proceeding separately with a

proposal for public comment. Direct questions to Michael J.

McCambridge, at 312-814-6924. (Please refer to docket R92-

9/R91-3.)

RECYCLED PAPER FILING REQUIREMENTS AMENDED,

R92-7

On October 29, 1992, the Board amended the procedural rule

that requires all filings before the Board to be made on recycled

paper. Since the Board originally adopted the requirement in

November, 1991, the General Assembly amended the statutory

definition of recycled paper. In May, Business and Professional

People for the Public Interest petitioned the Board to make

technical amendments to the recycled paper rule to reflect the

statutory change. The procedural rules now include new

definitions of "deinked stock", "postconsumer material", and

"recovered paper material" based on P.A. 87-485. Whereas the

former rule required filings on paper containing "40%

postconsumer material", it now requires filings on "50%

recovered paper" that contains "at least 20% deinked stock or

postconsumer material". Beginning July 1, 1994, the deinked

stock or postconsumer material content requirement increases to

25 percent. It subsequently increases to 30 percent in 1996, 40

percent in 1998, and 45 percent in 2000. Address questions to

Elizabeth Harvey, at 312-814-6921. (Please refer to docket R92-

7.)

CLEAN AIR ACT RULEMAKING PROCEDURES CLARIFIED

BY RESOLUTION, RES 92-2

On October 29, 1992, the Board adopted a resolution intended

to clarify the procedures in Section 28.5 Clean Air Act rulemaking

proceedings. The General Assembly amended the

Environmental Protection Act by P.A. 87-1213, effective

September 26, 1992. It sets up fast-track procedures for the

Board to employ in rulemakings initiated with an Agency proposal

for rules required by the federal Clean Air Act Amendments of

COPIES OF ILLINOIS LANDFILL REGULATIONS AND SUPPORTING DOCUMENTS

AVAILABLE ON DISKETTE

Copies of the Illinois landfill regulations and supporting documents are available on diskette. This consists of the Board's landfill

regulations and other supporting background documentation. This is offered only in an electronic version which consists of

WordPerfect 5.1, on either 3.5" or 5.25" inch diskettes. The electronic format will allow for word searches and other useful tools

provided by the WordPerfect software. The cost is $100.00.

When ordering, please specify the choice of either the 3.5" or 5.25" diskettes.

DISKETTE SET FOR NONHAZARDOUS WASTE LANDFILL REGULATIONS

Enclosed is a check in the amount of $_______ made payable to the Illinois Pollution Control Board for purchase of

______ set(s) of diskettes at $100.00 per set.

Send Order to:Size of Diskette:

Name___________________________________________________________

5.25" (1.2 MB)___________________

Address

_____________________________________________________

3.5" (1.44 MB)___________________

_____________________________________________________

Number of orders_________________

_____________________________________________________

Please send to:

Joseph D'Alessandro, Fiscal Officer

Illinois Pollution Control Board

State of Illinois Center

100 West Randolph St., Ste 11-500

Chicago, IL 60601

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/ December 2, 1992

Environmental Register No. 461

1990. Among other requirements, Section 28.5 circumscribes

the Board's discretion in the initial phase of the rulemaking

process and sets forth very tight time-frames within which the

Board must publish an Agency proposal for First Notice and

conduct public hearings on the proposed rules. However, the

Board found that various portions of Section 28.5 were subject to

interpretation. The resolution touches on such matters as the

consideration the Board will give to Agency proposals as they are

filed and the scheduling and conduct of hearings. It sets forth

the Board's interpretations of segments of subsections (e), (f),

and (g) of New Section 28.5. Direct questions to Elizabeth

Harvey, at 312-814-6924. (Please refer to RES 92-2.)

APPELLATE UPDATE

BOARD DECISION IN PCB 91-138 UPHELD BY

THE FIRST DISTRICT

On October 30, 1992, in Kronon Motor Sales, Inc. v.

EPA (1st Dist. Oct. 30, 1992), No. 1-92-1032

(unpublished opinion; review of PCB 91-138), the

appellate court upheld the Board's denial of

reimbursement from the Leaking Underground Storage

Tank Fund. The remedial action had occurred prior to

notification of the Illinois Emergency Services and

Disaster Agency. The court held that it must accord

deference to the Board's decision. Since the Board's

interpretation of its rules was not unreasonable or

erroneous, the court upheld the Board's decision.

BOARD DECISION IN ENFORCEMENT CASE PCB

89-61 UPHELD BY THE THIRD DISTRICT

In Village of Beecher v. Fredette (3d Dist. Oct. 31,

1992), No. 3-91-0153 (unpublished opinion; review of

PCB 91-68), the court of appeals affirmed the Board's

imposition of penalties against the Village for water

pollution control violations. The Board had denied the

Village's motion to dismiss the citizen's complaint as

"duplicitous" because the Agency was independently

taking enforcement action at the same time. The Board

entered a default judgment against the Village in March,

1990 for its failure to comply with hearing officer

discovery orders. In July, 1990, the Agency filed an

independent enforcement complaint in the circuit court

for Will County. The Board ordered the Village to cease

and desist from further violations and imposed a $10,400

penalty after a evidentiary hearing. The court found that

the citizen's complaint involved a substantial number of

different violations from those contained in the Agency's

complaint, so the Board properly denied dismissal. The

court further held that the Board had properly considered

the statutory factors in imposing the penalty and that

penalty was not unreasonable as it was supported by

substantial evidence in the record.

BOARD DECISION IN PCB 90-231 REVERSED BY

THE FIFTH DISTRICT

On October 16, 1992, in Bishop v. PCB (5th Dist. Oct.

16, 1992), -- Ill. App. 3d --, 601 N.E.2d 310, the

appellate court for the Fifth District reversed the Board's

decision denying siting approval to Robert and Amanda

Bishop. The Board had reversed the siting approval

granted by the Montgomery County Board because the

petitioner had failed to provide notice to the persons

listed on the "authentic tax records". The Board had

interpreted "authentic tax records" as including all three

sets of records kept in the treasurer's office, the clerk's

office and the supervisor of assessment's office in

Montgomery County. The court reversed the Board

stating that the "authentic tax records" included the

records in the treasurer's office and therefore the notice

sent by the Bishops was sufficient.

EXHAUSTION DOCTRINE DOES NOT BAR

STATE'S FILING IN CIRCUIT COURTS

On October 1, 1992, the Illinois Supreme Court held

that the doctrine of exhaustion of remedies does not

preclude the state's attorneys and the Attorney General

from filing complaints for cost recovery under Section

22.2 of the Act. In People v. NL Industries, Nos. 72461

& 72505 (consolidated), the Cook County State's

Attorney had filed an action to seek the costs of remedial

action undertaken at a site currently or formerly owned

and operated by the various respondents. The Cook

County circuit court granted the respondents' motion to

dismiss on the basis that the State had failed to exhaust its

administrative remedies when it failed to file an action

for cost recovery with the Board. On appeal, the First

District appellate court affirmed the circuit court's

decision. People v. NL Industries (1991), 218 Ill. App.

3d 300, 578 N.E.2d 237.

The Illinois Supreme Court reversed, in an opinion not

yet released. It held that the State need not have filed its

cost recovery action with the Board before pursuing it in

the circuit court. Further, the judgment of the circuit

court unduly limited the Attorney General's authority to

seek remedies for environmental harms. On the issue of

circuit court jurisdiction, the Supreme Court found that

although the Act provided for Board jurisdiction to hear

cost recovery actions filed by the State, no language

precluded filing in the circuit courts; nor did the statute

vest exclusive jurisdiction in the Board. In the opinion of

the Court, certain provisions actually presumed circuit

court jurisdiction. With regard to the authority of the

Attorney general to file such an action, the Court opined

that where a statute does not specifically provide who

may file, the Attorney General must be recognized as

allowed to do so, as the chief legal officer of the State.

In its analysis, the Court drew a distinction between the

doctrine of original jursdiction and the doctrine of

exhaustion of remedies, which it said were often

confused. It said that under original jurisdiction, the

court and an administrative agency have concurrent

jurisdiction to hear a matter. Thus, a court may choose

to stay proceedings pending disposition in the

administrative forum, in order to take advantage of the

technical expertise of the agency. In the opinion of the

Court, exhaustion of administrative remidies

Environmental Register No. 461

December 2, 1992/Page

December 2, 1992/Page 5

applies where the administrative agency has exclusive

jurisdiction over a matter. It requires the court to dismiss

an action unless it has exhausted all avenues for

administative remedies provided by statute. Since the

Board and the circuit courts had concurrent jurisdiction,

the circuit court erred by holding that it lacked

jurisdiction because the State's Attorney had failed to

exhaust its administrative remedies.

FOR YOUR INFORMATION

RESTRICTED STATUS AND CRITICAL REVIEW

LISTS FOR SEWAGE TREATMENT IN THIS ISSUE

The Illinois Environmental Protection Agency, Division

of Water Pollution Control, is publishing copies of the

Division's Restricted Status and Critical Review lists at

the end of this issue of the Environmental Register.

These lists reflect the status as of November 1, 1992.

BOARD INITIATES ELECTRONIC BULLETIN

BOARD (BBS) SERVICE

The Pollution Control Board is happy to announce the

beginning of its electronic BBS service. The Board's

BBS is available to any person having access to a

computer and a modem. It is a first step towards filling a

need to better communicate with the public regarding

Board operations. It will also help the public track

developments in matters before the Board.

Information on the BBS may be read on-line or may be

downloaded onto your computer for later reference.

Downloading will generally save money on your phone

bill. In addition, all current BBS files can be obtained in

hard copy form from the Board's Chicago office. At

present, the Board's BBS contains the following:

1.The latest Board meeting agenda. This will enable

anyone in the State to determine which matters are

scheduled for discussion or decision at the next

Board meeting (please note that matters scheduled

for decision may be deferred at the last moment).

Agendas are typically updated three or more times

prior to each Board meeting.

2.The latest Environmental Register. The Register

includes a current listing of Board activities, recent

decisions, scheduled hearings and new cases.

3.The latest Annual Report. This includes useful

information regarding the Board, including

operating statistics, relevant court cases, future

plans and trends.

An introduction to the workings of the Board. This

brief overview of Board functions, publications and

other data is particularly designed to acquaint the

newcomer to the operations of the Board.

The Board hopes to improve and perhaps expand the

services offered on its BBS as time and resources

permit. It seeks your help. Please take the time to log

on and experiment with the system; let us know (by

mail or through one of the BBS "Conferences") of any

problems you encounter and any improvements you

suggest. There is only one line in to the BBS, so if you

get a busy signal, call back later. The BBS is available

24 hours a day, seven days a week.

The Board's BBS can be reached by modem only at

312-814-1590. The best communications settings are 8

data bits, no parity, and 1 stop bit (i.e., 8-N-1). The

best terminal emulation is ANSI-BBS or just ANSI.

The BBS utilizes a 2400 baud modem. For access, dial

312-814-1590. For additional information, contact Bill

Forcade, at 312-814-3620.

BOARD ESTABLISHES CLEAN AIR ACT

RULEMAKING MASTER LIST

As noted above, the legislature recently added new

fast-track Clean Air Act Amendment (CAAA)

rulemaking procedures to the Environmental Protection

Act, at Section 28.5. (P.A. 87-1213, effective

September 26, 1992.) These fast-track procedures

establish specific, and very tight, deadlines for action on

CAAA rulemaking proposals filed with the Board by the

Illinois Environmental Protection Agency. One of those

deadlines requires the Board, within 14 days of receipt of

a proposal, to file a proposed rule for first notice,

schedule all hearings, and cause public notice to be

given. So that the Board will be prepared to send its first

notice opinion and order to all those who might be

interested in a specific proceeding, the Board is now

establishing a CAAA "master list". As discussed in RES

92-2, this master list, along with any additional names

provided by the Agency from their outreach list for a

specific proposal, will serve as the initial notice list for

mailing the Board's first notice opinion and order and

hearing notice. This first mailing will also include a

coupon requiring those who want to continue to be

included on the notice list for that individual proposal to

return the coupon to the Board within a specified time.

Those interested in CAAA rulemakings should return

the

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/ December 2, 1992

Environmental Register No. 461

coupon below for inclusion on the CAAA master list.

The Board asks that only one individual from each firm

or organization be included on the master list.

BOARD MEMBERS ATTEND SEMINAR ON

CONTAMINATED CHICAGO RIVER SEDIMENTS

On October 19 and 20, Board Members Ronald Flemal

and Bill Forcade attended the conference "Assessment

and Treatment of Contaminated Sediments in the North

Branch Chicago River" in Glencoe, Illinois.

BOARD MEMBER DELIVERS SPEECHES

On October 30, 1992, Board Member Bill Forcade

spoke to the Illinois Water Environment Association

conference in Matteson, Illinois. His speech was

entitled, "Laboratory

Science in the State Regulatory Program".

On November 10, 1992, Board Member Bill Forcade

spoke to the Executive Committee of the Chicago chapter

of the American Chemical Society. He spoke about

implementing the new Clean Air Act Amendments in

Illinois.

On November 13, 1992, Board Member Bill Forcade

spoke to the Legislative/Practices & Procedures

Subcommittee of the Environmental Law Committee of

the Chicago Bar Association. He spoke about procedures

for implementing the new Clean Air Act rulemaking

requirements under Section 28.5 of the Illinois

Environmental Protection Act.

FINAL ACTIONS

FINAL ACTIONS - October 29, 1992 BOARD MEETING

- October 29, 1992 BOARD MEETING

PCB 90-182

Ronald E. Tex and Susan D. Tex v. S. Scott

Coggeshall and Coggeshall Construction Company, Chester

Bross, Mike Bross, Jeff Bross and Chester Bross Construction

Company - The Board found that the respondents' McDonough

County facility violated the nuisance noise provisions and

ordered them to submit a study on ways to mitigate the

emissions in this citizens' enforcement case.

PCB 90-187

Herman W. Prescott v. City of Sycamore - The

Board found that the respondent's DeKalb County facility violated

the nuisance noise provisions and ordered it to submit a study on

ways to mitigate the emissions in this citizen's enforcement case.

PCB 91-235

Marsco Mfg. Co. v. IEPA - The Board granted the

petitioner's motion to dismiss its air variance petition for its Cook

County facility.

PCB 92-17

Tim's Standard/Freeport v. IEPA - The Board

granted the petitioner's motion to dismiss its underground

storage tank fund reimbursement determination for its

Stephenson County facility.

PCB 92-38

Stacy G. Howard v. Caterpillar, Inc. - The Board

allowed the complainant's motion to dismiss with prejudice his

citizen's noise enforcement complaint against this Tazewell

County facility.

CLEAN AIR ACT RULEMAKING MASTER LIST

Yes, I am interested in receiving notice of the initial filing of CAAA rulemaking proposals. Please include me on the CAA

master list.

Name

Organization

Address

City/State/Zip

Please return to: Jennifer Moore, Illinois Pollution Control Board, 100 W. Randolph Street, Suite 11-500, Chicago, IL 60601.

Environmental Register No. 461

December 2, 1992/Page

December 2, 1992/Page 7

PCB 92-54

ESG Watts, Inc. v. IEPA - The Board reversed the

Agency's determination in this land permit appeal involving a

Tazewell County facility and directed the Agency to issue the

requested permits on remand.

PCB 92-87

Ramada Hotel, O'Hare v. IEPA - The Board

granted the Agency's counter-motion for summary judgment and

dismissed the petition for review of this underground storage tank

reimbursement determination for petitioner's Cook County

facility.

PCB 92-159

City of Elmhurst v. IEPA - Upon receipt of the

Agency recommendation, the Board granted a provisional

variance that allows a thirty day extension to the 90 days

provided by the RCRA regulations for the accumulation of

hazardous wastes at the petitioner's DuPage County facility.

PCB 92-160

Lawrence Brothers, Inc. v. IEPA - Upon receipt of

the Agency recommendation, the Board granted

a provisional variance that allows a thirty day extension to the 90

days provided by the RCRA regulations for the accumulation of

hazardous wastes at the petitioner's Whiteside County facility.

PCB 92-162

Village of Winnetka v. IEPA - Upon receipt of the

Agency recommendation, the Board granted a provisional

variance that will effectively allow the petitioner to treat its water

intakes to kill zebra mussels at its Cook County facility.

R92-7

In the Matter of: Amendments to 35 Ill. Adm.

Code

104.103(d) Regarding Recycled Paper, Adopted

Rule, Final Order - See Regulatory Update in this issue.

AC 91-31

IEPA v. Randall Loveless (Docket B) - The Board

(having August 13, 1992 found him in violation) ordered the

petitioner to pay $1,003.00 in hearing costs into the General

Revenue Fund.

RES 92-2

In the Matter of: Clean Air Act Rulemaking

Procedures Pursuant to Section 28.5 Of the Environmental

Protection Act, As Added by P.A. 87-1213, Resolution - See

Regulatory Update in this issue.

NEW CASES

NEW CASES - October 29, 1992 BOARD MEE

- October 29, 1992 BOARD MEETING

TING

PCB 92-154

Shell Oil Company v. IEPA - The Board accepted

this underground storage tank fund reimbursement determination

appeal for hearing involving a Cook County facility.

PCB 92-155

Continental White Cap, Inc. v. IEPA - The Board

accepted this air variance petition for hearing involving a Cook

County facility.

PCB 92-156

Citizens Against Regional Landfill v. The County

Board of Whiteside County and Waste Management of Illinois

Inc. - The Board accepted this regional pollution control facility

siting appeal for hearing involving a proposed Whiteside County

facility.

PCB 92-157

Greenville Airport Authority v. IEPA - The Board

accepted this underground storage tank fund reimbursement

determination appeal for hearing involving a Bond County facility.

PCB 92-158

Estate of Larry Junkin, by Patricia Junkin,

Executrix v. IEPA - The Board accepted this underground storage

tank fund reimbursement determination appeal for hearing

involving a Champaign County facility.

PCB 92-159

City of Elmhurst v. IEPA - See Final Actions.

PCB 92-160

Lawrence Brothers, Inc. v. IEPA - See Final

Actions.

PCB 92-161

National Steel Corporation v. IEPA - The Board

accepted this NPDES permit appeal for hearing involving a

Madison County facility.

PCB 92-162

Village of Winnetka v. IEPA - See Final Actions.

PCB 92-163

DJM Oil Company, Inc. v. IEPA - The Board

accepted this underground storage tank fund reimbursement

determination appeal for hearing involving a Franklin County

facility.

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/ December 2, 1992

Environmental Register No. 461

FINAL ACTIONS

FINAL ACTIONS - November 19, 1992 BOA

- November 19, 1992 BOARD MEETING

RD MEETING

PCB 90-148

Carl Madoux, Alice Madoux, Glenn Moody, and

Margaret

Moody v. B & M Steel Service Center, Inc. - The Board entered a final order in this citizens' noise enforcement action involving a Madison County facility, requiring the respondents to undertake certain corrective actions.

PCB 90-149

Carl Madoux, Alice Madoux, Glenn Moody, and

Margaret

Moody v. Straders Logging and Lumber Mill - The Board entered a final order in this citizens' noise enforcement action involving a Madison County facility, requiring the respondents to undertake certain corrective actions.

PCB 91-137

Amoco Oil Company (Wood River Refinery) v.

IEPA - The Board granted the petitioner's motion to withdraw its

NPDES permit appeal for its Madison County facility.

PCB 91-154

Carrell and Mary Bates v. Edward E.

Brake, Ella F. Brake, Eugene Gale Heiser, in his individual

capacity and d/b/a Heiser Oil & Gas Co., Heiser Oil & Gas Co.,

Amoco Oil Company, a Maryland Corporation - The Board

allowed the petitioners' motion to dismiss their citizens' land

enforcement complaint against this Champaign County facility.

PCB 92-81

James Lynch v. IEPA - The Board

reversed the Agency's underground storage tank reimbursement

determination and remanded this matter to the Agency for

reimbursement for corrective action at the petitioner's Macoupin

County facility.

PCB 92-95

People of the State of Illinois v. Simplex,

an Illinois corporation - The Board accepted the stipulation and

settlement in this air enforcement case involving a Sangamon

County facility and ordered the respondent to pay $3,000.00 into

the Environmental Protection Trust Fund and to cease and desist

from further violations.

PCB 92-119

Yolanda Price v. South Shore Villa

Condominiums, and Quality Management Service, Inc. - The

Board dismissed this citizen's noise enforcement case involving a

Cook County facility as frivolous for failure to state a claim upon

which the Board could grant relief.

PCB 92-130

Olin Corporation v. IEPA - The Board

granted the petitioner a variance allowing open burning that will

effectively allow the petitioner to test ammunition at its

Williamson County facility.

PCB 92-146

People of the State of Illinois v.

Greyhound Lines, Inc., a Delaware corporation - The Board

accepted the stipulation and settlement in this RCRA

enforcement case involving a Cook County facility and ordered

the respondent to pay $28,000.00 into the Illinois Hazardous

Waste Fund and to cease and desist from further violations.

PCB 92-147(B)

People of the State of Illinois v. F &

Manufacturing Co., a Pennsylvania corporation - The Board

accepted the stipulation and settlement in this RCRA

enforcement case involving a Lake County facility and ordered

the respondent to pay $12,900.00 into the Illinois Hazardous

Waste Fund and to cease and desist from further violations.

PCB 92-181

Commonwealth Edison (Dresden

Generating Station) v. IEPA - Upon receipt of the Agency

recommendation, the Board granted a provisional variance from

certain of the water pollution control thermal discharge limitation

regulations to essentially allow it repair a lift station transformer

at is Grundy County facility.

R91-3

In the Matter of: Safe Drinking Water

Act Update, Phase II and Coliform Rules (7/1/90 - 1/31/91)

(Consolidated) - See Regulatory Update in this issue.

R92-9

In the Matter of: Safe Drinking Water

Act Phase I Corrections (Consolidated) - See Regulatory Update

in this issue.

NEW CASES

NEW CASES - November 19, 1992 BOARD MEETING

- November 19, 1992 BOARD MEETING

PCB 92-166

Marathon Oil Company v. IEPA - The

Board accepted this NPDES permit appeal for hearing involving

a Crawford County facility.

PCB 92-167

BF Goodrich Company v. IEPA - The

Board accepted this water pollution control variance matter for

hearing involving a Marshall County facility.

PCB 92-168

Edwards-Etherton Oil Company, Inc. v.

IEPA - The Board accepted this underground storage tank fund

reimbursement determination appeal for hearing involving a

Williamson County facility.

PCB 92-170

Talley Defense Systems, Inc. v. IEPA -

The Board accepted this RCRA permit appeal for hearing

involving a Will County facility.

PCB 92-171

Phillips 66 Company, a Division of

Phillips Petroleum Company - The Board accepted this

underground storage tank fund reimbursement determination

appeal for hearing involving a Cook County facility.

PCB 92-172

Olin Corporation (East Alton Facility) v.

IEPA - The Board accepted this air variance petition for hearing

involving a Madison County facility.

PCB 92-173

Illico Independent Oil Company v. IEPA

- The Board accepted this underground storage tank fund

reimbursement determination appeal for hearing involving a

Vermilion County facility.

PCB 92-174

Alice Zeman, Tony Berlin, Richard Zilka,

Kevin Green v. Village of Summit and West Suburban Recycling

and Energy Center, Inc. - The Board consolidated this regional

Environmental Register No. 461

December 2, 1992/Page

December 2, 1992/Page 9

pollution control siting appeal with PCB 92-177 and accepted

them for hearing involving a proposed Cook County facility.

PCB 92-175

Olin Corporation v. IEPA - The Board

accepted this RCRA permit appeal for hearing involving a

Madison County facility.

PCB 92-176

Central Can Company v. IEPA - The

Board accepted this air permit appeal for hearing involving a

Cook County facility.

PCB 92-177

Donna Quilty v. Board of Trustees and

Mayor of the Village of Summit and West Suburban Recycling &

Energy Center, Inc. - The Board consolidated this regional

pollution control siting appeal with PCB 92-174 and accepted

them for hearing involving a proposed Cook County facility.

PCB 92-178

John Zarlenga and Jean Zarlenga v.

Partnership Concepts, Howard Edison, Bruce McClairien, Cove

Development Company Thomas, O'Brien and Gary Lakin - The

Board held this citizens' noise enforcement case involving a

DuPage County facility for a duplicitous and frivolous

determination.

PCB 92-179

Cabot Corporation v. IEPA - The Board

ordered the petitioner to submit an amended petition for a UIC

variance for its Douglas County facility.

PCB 92-180

We-Shred-It, Inc. v. IEPA - The Board

ordered the petitioner to submit an amended petition for a land

pollution control variance for its Christian County facility.

PCB 92-181

Commonwealth Edison (Dresden

Generating Station) v. IEPA - See Final Actions.

Page

Page 10

10/ December 2, 1992

/ December 2, 1992

Environmental Register No. 461

CALENDAR OF HEARINGS

All hearings held by the Board are open to the public. All Pollution Control Board Meetings (highlighted) are open to the public but public

participation is generally not allowed. Times and locations are subject to cancellation and rescheduling without notice. Confirmation of

hearing dates and times is available from the Clerk of the Board at 312- 814-6931.

December 8

10:00 a.m.

PCB 91-53

A-E

People of the State of Illinois v. Enamlers and Japanners, Inc. - State of Illinois Center, Suite

11-500, 100 W. Randolph St.,Chicago.

December 8

10:30 a.m.

R 92-20

In the Matter of: Amendments to 35 Ill. Adm. Code 615 and 616 (Groundwater), Exceptions

for Pesticide and Fertilizer Facilities - Bloomington City Hall, City Counsel Chambers, 109 W.

Olive St., Bloomington.

December 9

9:30 a.m.

AS 92-7

In the Matter of: Petition of Illinois Power Company (Vermilion Power Station) for Adjusted

Standards from 35 Ill. Adm. Code 302.208(e) - Danville City Hall Council Chambers, 204 N.

Hazel St., Danville.

December 10

10:30 a.m.

R 92-20

In the Matter of: Amendments to 35 Ill. Adm. Code 615 and 616 (Groundwater), Exceptions

for Pesticide and Fertilizer Facilities - DeKalb Municipal Building, Council Chambers, 20 S. 4th

St., DeKalb.

December 14

9:30 a.m.

PCB 91-38

P-A

American Waste Processing, Ltd. v. EPA - State of Illinois Center, 100 W. Randolph St., Suite

11-500, Chicago.

December 14

10:00 a.m.

PCB 92-10

UST-FRD

Kelly Williamson Company v. EPA - Ogle County Courthouse, 4th and Washington Streets,

Oregon.

December 14

10:00 a.m.

PCB 92-80

L-E

Lake County Forest Preserve District v. Neil Ostro; Janet Ostro; and Big Foot Enterprises -

County Building, Assembly Room, 18 North County Road, Waukegan.

December 15

9:30 a.m.

PCB 91-38

P-A

American Waste Processing, Ltd. v. EPA - State of Illinois Center, IEPA Conference Room,

Fourth Floor, 100 W. Randolph St., Chicago.

December 15

10:00 a.m.

PCB 92-70

L-E

People of the State of Illinois v. Union Carbide Industrial Gases, Inc. - State of Illinois Center,

Suite 11-500, 100 W. Randolph St., Chicago.

December 16

9:30 a.m.

PCB 91-38

P-A

American Waste Processing, Ltd. v. EPA - State of Illinois Center, IEPA Conference Room,

Fourth Floor, 100 W. Randolph St., Chicago.

December 16

9:00 a.m.

PCB 92-33

UST-E

Erich J. Mandel v. Thaddeus G. Kulpaka - State of Illinois Center, Suite 11-500, 100 W.

Randolph St., Chicago.

December 16

9:30 a.m.

PCB 90-146

N-E

Village of Matteson v. World Music Theatre, Jam Productions, Discovery South Group, Ltd. -

Village Hall, Village of Matteson, 3625 W. 215th St., Matteson.

December 16

9:30 a.m.

PCB 91-38

P-A

American Waste Processing, Ltd. v. EPA - State of Illinois Center, IEPA Conference Room,

Fourth Floor, 100 W. Randolph St., Chicago.

December 16

10:00 a.m.

PCB 92-152

UST-FRD

State Bank of Whittington v. EPA - Franklin County Courthouse, County Board Room, Third

Floor, Middle of Downtown Square, Benton.

December 17

9:30 a.m.

PCB 90-146

N-E

Village of Matteson v. World Music Theatre, Jam Productions., Discovery South Group, Ltd. -

Village Hall, Village of Matteson, 3625 W. 215th St., Matteson.

December 17

10:00 a.m.

AC 91-32

County of Ogle v. Rochelle Disposal Services, Inc. (Rochelle Municipal #2 Landfill) -Ogle

County Courthouse, State's Attorney's Conference Room, 4th and Washington Streets,

Oregon.

December 17

10:00 a.m.

PCB 92-71

L-E

People of the State of Illinois v. Valspar Corporation - State of Illinois Center, Attorney

General's Conference Room, 12th Fl., 100 W. Randolph St., Chicago.

Environmental Register No. 461

December 2, 1992/Page

December 2, 1992/Page 11

December 17

Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,

Conference Room 9-040, Chicago.

December 18

9:30 a.m.

PCB 92-156

L-S-R

Citizens Against Regional Landfill v. The County Board of Whiteside County and Waste

Management of Illinois, Inc. - Whiteside County Farm Bureau, Auditorium, 100 E. Knox St.,

Morrision.

December 18

10:00 a.m.

PCB 92-158

UST-FRD

Estate of Larry Junkin, by Patricia Junkin, Executrix v. EPA - City of Champaign, City Council

Chambers, 102 N. Neil St., Champaign

December 21

9:30 a.m.

PCB 92-127

L-E

City of Des Plaines, Gail Papasteriadis, and Gabriel and Linda Gulo v. Solid Waste Agency of

North Cook County - State of Illlinois Center, Suite 11-500, 100 W. Randolph St., Chicago.

December 21

9:30 a.m.

PCB 92-145

W-E

Thomas J. Konkel v. City of Crest Hill - Will County Courthouse, 14 W. Jefferson St., (see

Eileen Room 439), Joliet.

December 22

9:30 a.m.

PCB 92-145

W-E

Thomas J. Konkel v. City of Crest Hill - Will County Courthouse, 14 W. Jefferson St., (see

Eileen Room 439), Joliet.

December 22

10:00 a.m.

PCB 92-157

UST-FRD

Greenville Airport Authority v. EPA - Bond County Courthouse, Small Courtroom, 200 W.

College, Greenville.

December 22

1:00 p.m.

PCB 92-154

UST-FRD

Shell Oil Company (Western Springs) v. EPA - Law Offices of J.T. Keating, Suite 1220, 542 S.

Dearborn, Chicago.

January 6

10:00 a.m.

R92-21

In the Matter of: Amendments to New Source Review Rules, 35 Ill. Adm. Code Part 203 -

State of Illinois Building, Room C500 (Fifth Floor Auditorium) 160 N. LaSalle St., Chicago.

January 7

10:00 a.m.

Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,

Conference Room 9-040, Chicago.

January 15

10:00 a.m.

PCB 92-166

P-A

Marathon Oil Company (Robinson Refinery) v. EPA - Robinson Public Library, Meeting Room,

606 N. Jefferson, Robinson.

January 21

10:00 a.m.

PCB 91-157

L-E

People of the State of Illinois v. The Grigoleit Company - Decatur Civic Center, Second Floor

Conference Room, 1 Civic Center Plaza, Decatur.

January 21

10:00 a.m.

Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,

Conference Room 9-040, Chicago.

January 22

9:00 a.m.

R92-8

In the Matter of: Amendments to 35 Ill. Adm. Code Subtitle C (Water Toxics and

Bioaccumulation) - State of Illinois Center, Suite 9-040, 100 W. Randolph St., Chicago.

January 22

10:00 a.m.

PCB 91-157

L-E

People of the State of Illinois v. The Grigoleit Company - Decatur Civic Center, Second Floor

Conference Room, 1 Civic Center Plaza, Decatur.

February 4

10:00 a.m.

Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,

Conference Room 9-040, Chicago.

February 4

9:00 a.m.

PCB 91-202

P-A

Sherex Chemical Company, Inc. v. EPA - Peoria County Courthouse, County Boardroom, 324

Main St., Peoria.

February 5

10:00 a.m.

R92-21

In the Matter of Amendments to New Source Review Rules, 35 Ill. Adm. Code Part 203 -

State of Illinois Building, Room C500 (Fifth Floor Auditorium) 160 N. LaSalle St., Chicago.

February 11

10:00 a.m.

AC 92-026

County of Ogle v. City of Rochelle and Rochelle Disposal Service, Inc, (Rochelle Municipal #2

Landfill) - Ogle County Courthouse, State's Attorney Conference Room, 4th and Washington

Sts., Oregon.

February 19

10:00 a.m.

R92-21

In the Matter of Amendments to New Source Review Rules, 35 Ill. Adm Code Part 203 - State

of Illinois Building, Room C500 (Fifth Floor Auditorium), 160 N. LaSalle St., Chicago.

Page

Page 12

12/ December 2, 1992

/ December 2, 1992

Environmental Register No. 461

February 25

10:00 a.m.

Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,

Conference Room 9-040, Chicago.

March 1

10:00 a.m.

PCB 92-122

UST-FRD

F and R Enterprises, Inc. v. EPA - State of Illinois Center, Suite 11-500, 100 W. Randolph St.,

Chicago.

March 4

9:00 a.m.

R92-8

In the Matter of: Amendments to 35 Ill. Adm. Code Subtitle C (Water Toxics and

Bioaccumulation) - Municipal Building, Council Chambers, 7th and Monroe Streets,

Springfield.

March 11

10:00 a.m.

Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,

Conference Room 9-040, Chicago.

March 25

10:00 a.m.

Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,

Conference Room 9-040, Chicago.

April 8

10:00 a.m.

Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,

Conference Room 9-040, Chicago.

April 12

10:30 a.m.

PCB 92-165

UST-FRD

Reichhold Chemicals, Inc. v. EPA - State of Illinois Center, Suite 11-500, 100 W. Randolph

St., Chicago.

April 22

10:00 a.m.

Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,

Conference Room 9-040, Chicago.

April 23

10:00 a.m.

PCB 91-52

P-A

Atwood Industries, Inc. v. EPA - Location in Stockton to be determined at a later date.

May 6

10:00 a.m.

Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,

Conference Room 9-040, Chicago.

May 20

10:00 a.m.

Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,

Conference Room 9-040, Chicago.

June 3

10:00 a.m.

Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,

Conference Room 9-040, Chicago.

June 17

10:00 a.m.

Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,

Conference Room 9-040, Chicago.

Environmental Register No. 461

December 2, 1992/Page

December 2, 1992/Page 13

Calendar Code

A-C

Administrative Citation

A-E

Air Enforcement

A-S

Adjusted Standard

A-V

Air Variance

CSO

Combined Sewer

L-E

Land Enforcement

Overflow Exception

L-S-R

Landfill Siting Review

L-V

Land Variance

N-E

Noise Enforcement

N-V

Noise Variance

P-A

Permit Appeal

PWS-E

Public Water Supply Enforcement

PWS-V

Public Water Supply Variance

Regulatory Proceeding

Alternative Standards

SWH-E

Special Waste Hauling Enforcement

SWH-V

Special Waste Hauling Variance

Thermal Demonstration Rule

(35 ILL. ADM. CODE 302.211(F)

T-C

Tax Certifications

T-S

Trade Secrets

W-E

Water Enforcement

W-V

Water Variance

WWS

Water-Well Setback Exception

UST-E

Underground Storage Tank Enforcement

UST-FRD

Underground Storage Tank Fund Reimbursement Determination

Page

Page 14

14/ December 2, 1992

/ December 2, 1992

Environmental Register No. 461

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Notice of Public Hearing on Proposed Amendments

to Agency Public Participation Rules: 35 Ill. Adm. Code 252

The Illinois Environmental Protection Agency ("Agency" or "Illinois EPA") will hold a Public hearing on

Friday, December 18, 1992, at 1:30 p.m. at the Illinois EPA's Sangamo Building premises, Training

Room D, at 1340 North 9th Street, Springfield, Illinois.

The hearing will be held by the Illinois EPA Bureau of Air for the purpose of gathering comments on the

proposed amendments to the Agency Public Participation Rules, 35 Ill. Adm. Code 252, prior to

submittal to the United States Environmental Protection Agency. The proposed rules will satisfy various

requirements of the Clean Air Act as amended (42 U.S.C. S 7401).

The amendments are being proposed to correct deficiencies in the existing public participation rules

relevant to federal enforceability of permits and to satisfy requirements of the Clean Air Act Permit

Program established pursuant to Title V of the Clean Air Act as amended (42 U.S.C. 7401).

Questions concerning the proposed Agency rules and requests for copies of the proposed rules may be

directed to Sharon Davis, Illinois Environmental Protection Agency, P.O. Box 19276, Springfield, Illinois

62794-9276, phone (217)524-3333.

Closure of the Hearing Record. The Hearing Record will close on Monday, January 4. 1993, and

comments should be mailed to:

John Williams

Agency Hearing Officer

Illinois Environmental Protection Agency

2200 Churchill Road

P.O. Box 19276

Springfield, Illinois 62794-9276

Phone (217)782-5544

Comments need not be notarized and should be postmarked by midnight January 4, 1993.

The hearing will be held under the provisions of the Agency's "Procedures for the informational and

Quasi-Legislative Public Hearings" (35 Ill. Adm. Code 164). All questions about the hearing procedures,

requests for copies of the hearing rules, or requests for special needs interpreters should be directed to the

Agency Hearing Officer at the address above. Requests for special needs interpreters must be made to the

Agency Hearing Officer by December 8, 1992.

Environmental Register No. 461

December 2, 1992/Page

December 2, 1992/Page 15

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Notice of Public Hearing on Proposed Agency Rules:

Annual Emissions Report: 35 Ill. Adm. Code 254

The Illinois Environmental Protection Agency ("Agency" or "Illinois EPA") will hold a public hearing on

Friday, December 18, 1992, at 9:30 a.m. at the Illinois EPA's Sangamo Building Premises, Training

Room D. at 1340 North 9th Street, Springfield, Illinois.

The hearing will be held by the Illinois EPA Bureau of Air for the purpose of gathering comments prior to

the submittal of the proposed Agency rules, Annual Emissions Report: 35 Ill. Adm. Code 254, to the

United States Environmental Protection Agency. The proposed rules will satisfy the emission statement

requirement of Section 182(a)(3)(B) of the Clean Air Act as amended (42 U.S.C. S 75lia(a)(3)(B)).

Pursuant to 35 Ill. Adm. Code 201.302, the proposed Agency rules establish the procedures for the

annual reporting of emissions of regulated air pollutants by all stationary sources within the State of Illinois

who are required to have operating permits under state or federal statutes or regulations.

Questions concerning the proposed Agency rules and requests for copies of the proposed rules may be

directed to Mark Wight, Illinois Environmental Protection Agency, P.O. Box 19276, Springfield, Illinois

62794-9276, phone (217)524-3333.

Closure of the Hearing Record, The Hearing Record will close on Monday, January 4. 1993, and

comments should be mailed to:

John Williams

Agency Hearing officer

Illinois Environmental Protection Agency

2200 Churchill Road

P.O. Box 19276

Springfield, Illinois 62794-9276

Phone (217) 782-5544

Comments need not be notarized and should be postmarked by midnight January 4, 1993.

The hearing will be held under the provisions of the Agency's "Procedures for the Informational and

Quasi-Legislative Public Hearings" (35 Ill. Adm. Code 164). All questions about the hearing procedures,

requests for copies of the hearing rules, or requests for special needs interpreters should be directed to the

Agency Hearing Officer at the address above. Requests for special needs interpreters must be made to the

Agency Hearing Officer by December 8, 1992.

Page

Page 16

16/ December 2, 1992

/ December 2, 1992

Environmental Register No. 461

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

RESTRICTED STATUS LIST

In order to comply with 35 Illinois Administrative Code Section 306.401 Illinois Pollution Control Board

Regulations, the Illinois EPA has prepared the following list of facilities which are on Restricted Status.

Restricted Status is defined as the Agency determination that a sewer or lift station has reached hydraulic

capacity or that a sewage treatment plant has reached design capacity, such that additional sewer connection

permits may no longer be issued without causing a violation of the Act or Regulations. Please note that the

list is continually being revised to reflect the current situation. Therefore, if you have any questions on

the capability of a treatment facility or transport system, please contact this Agency for a final

determination. This listing reflects the status as of September 30, 1992.

Facility names followed by an asterisk (*) indicates that construction is underway to ultimately alleviate

problems which resulted in imposition of Restricted Status. Facilitits followed by a double asterisk (**) are

additions to the list.

REMAINING

FACILITY NAME

RESPONSIBLE AUTHORITY

COUNTY

CAPACITY

Abingdon

City of Abingdon

Knox

(Sewer System)

Beecher STP

Village of Beecher

Will

Bourbonnais (Belle Aire Subd.)

Consumers Illinois Water

Kankakee

Cambridge STP

Village of Cambridge

Henry

Camp Point (a portion mh 60-68)

Village of Camp Point

Adams

Carmi*

City of Carmi

White

Chapin (North and South Main

Village of Chapin

Morgan

Terminal L.S.)

Clearview S.D.

McLean

Crest Hill-West STP

City of Crest Hill

Will

DeKalb-NW 8" Submain

City of DeKalb

DeKalb

DuPage Utility Co.

DuPage

Elmwood

City of Elmwood

Peoria

Highview Estates

Highview Water Co.

Tazewell

Johnston City*

City of Johnston City

Williamson

Lake Villa

City of Lake Villa

Lake

Lake Zurich (NW) STP

Village Of Lake Zurich

Lake

Lake Zurich (SE) STP

Village of Lake Zurich

Lake

Lewistown-South Interceptor

City of Lewistown

Fulton

Oak Highlands S.D.*

Oak Highlands S.D.

Will

Oglesby (Sewer System - Partial

City of Oglesby

LaSalle

Per PCB Order)

Riverton (Sewer System-Partial)

Village of Riverton

Sangamon

Sandwich (Center Street)

City of Sandwich

DeKalb

Shorewood STP

Village of Shorewood

Will

Streator STP

City of Streator

LaSalle

Taylorville Shawnee Ave. Pump

City of Taylorville

Christian

Station

Utilities Unlimited

Will

Virden (Sewer System-Partial)

Virden S.D.

Macoupin

Washington Estates

Washington Estates, Inc.

Tazewell

Washington (Devonshire Estates)

City of Washington

Tazewell

Washington (Rolling Meadows)

City of Washington

Tazewell

Wilmington STP

City Of Wilmington

Will

Deletions from previous Quarterly Report

Facility

Responsible Authority

Environmental Register No. 461

December 2, 1992/Page

December 2, 1992/Page 17

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

CRITICAL REVIEW LIST

In order to comply with 35 Illinois Administrative Code Section 306.401, Illinois Pollution Control Board

Regulations, the Illinois Environmental Protection Agency has prepared the following list of facilities which

are on Critical Review. Critical Review as defined as the Agency determination that a sewer or lift station

is approaching hydraulic capacity or that a sewage treatment plant is approaching design capacity such that

additional sewer connection permit applications will require close scrutiny to determine whether issuance

would result in a violation of the Act or Regulations. Please note that these lists are continually being

revised to reflect the current situation. Therefore, if you have any questions on the capability of a

treatment facility or transport system, please contact the Agency for a final determination. This listing

reflects the status as of September 30, 1992.

Facility names followed by a double asterisk are additions to the list.

PE ADDED

FACILITY

RESPONSIBLE

REMAINING

SINCE

NAME

AUTHORITY

COUNTY

CAPACITY

LAST LIST

Addison (South)

Village of Addison

DuPage

Antioch

Village of Antioch

Lake

Benton-Southeast STP

City of Benton

Franklin

Bethalto (L.S. #1)

Village of Bethalto

Madison

Braidwood STP

City of Braidwood

Will

Carrier Mills

Village of Carrier Mills

Saline

836

Carrollton

City of Carrollton

Greene

140

Chester

City of Chester

121

Creve Coeur

Village of Creve Coeur

Tazewell

2,330

Deerfield

Village of Deerfield

Lake

4,949

206

Derby Meadows Utility Co. STP

Derby Meadows Utility Co.

Will

Downers Grove Sanitary Dist.

Downers Grove S.D.

DuPage

9,744

DPCDEC Knollwood

DPCDEC

DuPage

784

266

Earlville

City of Earivi lle

LaSalle

297

East Dundee STP

Village of E. Dundee

Kane

2,028

Elkville

Village of Elkville

Jackson

Elmhurst

City of Elmhurst

DuPage

Findlay

Village of Findlay

Shelby

Hebron

Village of Hebron

McHenry

118

Herrin

City of Herrin

Williamson

***

Herscher

Village of Herscher

Kankakee

Hoopeston

City of Hoopeston'

Vermilion

208

Kildeer-Bishop-Ridge STP

Village of Kildeer

Lake

CLPWD-DeerfieldRd. Interceptor

County of Lake Public Works

Lake

***

Department

CLPWD-New Century Town

County of Lake Public Works

Lake

259

Department

Lake in the Hills S.D.

Village of Lake in the Hills

McHenry

1,927

Milan

Village of Milan

Rock Island

1,415

Moline (North Slope)

City of Moline

Rock Island

1,200

O'Fallon

City of O'Fallon

St. Clair

1,408

288

Orangeville

Village of Orangeville

Stephenson

Pearl City

Village of Pearl City

Stephenson

Peotone

Village of Peotone

Will

239

Rock Island (Main)

City of Rock Island

Rock Island

5,100

Sycamore (Southwest)

City of Sycamore

DeKalb

Watseka

City of Watseka

lroquois

598

Deletetions from previous quarterly report

Facility

Responsible Authority

***Contact IEPA - Permit Section

MM:sp5439c/2-7

Page

Page 18

18/ December 2, 1992

/ December 2, 1992

Environmental Register No. 461

Printed by Authority of the State of Illinois, December 2, 1992, 2,000 copies, order #57701.

Bulk Rate

U.S. Postage

PAID

Chicago, IL

Permit No.2088

The Illinois Pollution Control Board is an independent seven member board which adopts the

environmental control standards for the State of Illinois and rules on enforcement actions and

other environmental disputes. The Board Members are:

John C. Marlin, Chairman

Urbana, Illinois

Joan G. Anderson

Ronald C. Flemal

Bill S. Forcade

Western Springs, Illinois

DeKalb, Illinois

Chicago, Illinois

G. Tanner Girard

J. Theodore Meyer

Michael L. Nardulli

Grafton, Illinois

Chicago, Illinois

The Environmental Register is a newsletter published by the Board after every Board

meeting. The Register provides updates on rulemakings and other information, lists final

actions, and contains the Board's hearing calendar. The Register is provided free of charge.

Illinois Pollution Control Board

State of Illinois Center, 11-500

100 West Randolph Street

Chicago, Illinois 60601

(312) 814-3620

Address Correction Requested.