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

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

Claire A. Manning, Chairman

Ronald C. Flemal, G. Tanner Girard, Thomas E. Johnson,

Samuel T. Lawton Jr., Nicholas J. Melas, Michael E. Tristano

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

(312) 814-6032 TDD

Illinois Pollution Control Board

600 South Second Street

Springfield, Illinois 62704

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

Letter from the Chairman

As I have in the past, I will use this letter to update you on the work

of the Illinois Environmental Regulatory Review Commission

(IERRC). Governor Ryan created the IERRC to recommend

improvements to Illinois’ core statute for protecting the environment,

the Environmental Protection Act (Act) (415 ILCS 5/1

IERRC’s members come from a cross-section of the environmental

community, industry, and government. As Chairman of the Board, I

have actively participated as a member of the IERRC from its

When he established the IERRC, Governor Ryan acknowledged that

the Act has “served the State of Illinois well.” His charge to the IERRC was to recommend ways of making the Act

“more effective, understandable and useful,” without changing the Act’s “fundamentally sound” policy

underpinnings. In a significant step toward meeting the Governor’s objectives, the IERRC developed recommended

statutory language changes. Those recommendations ultimately took final legislative form as enrolled House Bill

5557, which awaits the Governor’s signature.

House Bill 5557 contains nearly 100 IERRC-recommended changes to the Act, none of which are substantive in

nature, but all of which are important. Upon becoming law, these changes will streamline, clarify, and update the

over 30-year old statute. In its recent Annual Report to the Governor, the IERRC gave several examples of its

recommended changes to the Act:

The outdated references to historic per gallon and per cubic yard fees for the Hazardous Waste Fund would be

deleted from Sections 22.2(b)(1)(A), (B), and (D)

The outdated obligations and interim measures regarding the handling of used fluorescent and high intensity

discharge lamps would be deleted from Sections 22.23a(d) and (e)

The start of the 35-day period to appeal an Illinois EPA permit decision to the Board, and the duration of the 90-day

extension of the appeal period, would be clarified in Section 40(a)(1)

The primary definitions for the Act would be alphabetized in newly-numbered Sections 3.110 through 3.555

Though these types of changes are not substantive, House Bill 5557 should make the Act more effective by making

it easier to use and understand, to the benefit of all stakeholders in Illinois’ environment. In addition to the

IERRC’s recommendations, House Bill 5557 contains an amendment to Section 28.5 of the Act, extending the

sunset provision on Clean Air Act “fast-track” rulemaking from December 31, 2002 to December 31, 2007.

I look forward to continuing the good work of the IERRC as it considers changes to improve the substance of the

Act consistent with Governor Ryan’s goals.

Claire A. Manning, Chairman

Environmental Register – April 2002

Inside This Issue:

APPELLATE UPDATE

IEPA RESTRICTED STATUS LIST

IEPA CRITICAL REVIEW LIST

Federal Update

United States Environmental Protection Agency Proposes Amendments Under the Clean Water Act to

Establish Requirements for Cooling Water Intake Structures at Existing Power Producing Facilities

On April 9, 2002, the United States Environmental Protection Agency (USEPA) proposed rules under section

316(b) of the Clean Water Act (CWA) for certain existing power producing facilities that employ a cooling water

intake structure and that withdraw 50 million gallons per day (MGD) or more of water from rivers, streams, lakes,

reservoirs, estuaries, oceans, or other waters of the United States U.S. for cooling purposes. The requirements

would be implemented through National Pollutant Discharge Elimination System (NPDES) permit system.

The proposed rule would establish location, design, construction, and capacity requirements that reflect the best

technology available for minimizing adverse environmental impact from the cooling water intake structure based on

water body type, and the amount of water withdrawn by a facility. USEPA proposes to group surface water into

five categories--freshwater rivers and streams, lakes and reservoirs, Great Lakes, estuaries and tidal rivers, and

oceans--and establish requirements for cooling water intake structures located in distinct water body types. In

general, the more sensitive or biologically productive the water body, the more stringent the requirements would be

in requiring the use of the best technology available for minimizing adverse environmental impact. Proposed

requirements also vary according to the percentage of the source water body withdrawn, and facility utilization rate.

Under these rules, a facility may choose one of three options for meeting best technology available requirements.

These options include

1) demonstrating that the facility subject to the proposed rule currently meets specified performance

2) selecting and implementing design and construction technologies, operational measures, or restoration

measures that meet specified performance standards; or

3) demonstrating that the facility qualifies for a site-specific determination of best technology available

because its costs of compliance are either significantly greater than those considered by USEPA during the

development of this proposed rule, or the facility's costs of compliance would be significantly greater than

the environmental benefits of compliance with the proposed performance standards.

rule also provides that facilities may use restoration measures in addition to or in lieu of technology

measures to meet performance standards or in establishing best technology available on a site-specific basis.

USEPA stated that it expects that the proposed regulation would minimize adverse environmental impacts,

including substantially reducing the harmful effects of impingement and entrainment, at existing facilities over the

next 20 years. As a result, USEPA anticipates that the proposed rule would help protect ecosystems in proximity to

cooling water intake structures by helping preserve aquatic organisms, including threatened and endangered species,

and the ecosystems they inhabit in waters used by cooling water intake structures at existing facilities. Benefits,

among other factors, considered by USEPA were based on a decrease in expected mortality or injury to aquatic

organisms that would otherwise be subject to entrainment into cooling water systems or impingement against

Environmental Register – April 2002

screens or other devices at the entrance of cooling water intake structures. USEPA expects that these benefits may

also accrue at the population, community, or ecosystem levels of ecological structures.

Comments on this proposed rule and Information Collection Request (ICR) must be received or postmarked on or

before midnight July 8, 2002. Comments should be sent to: Cooling Water Intake Structure (Existing Facilities:

Phase II) Proposed Rule Comment Clerk--W-00-32, Water Docket, Mail Code 4101, EPA, Ariel Rios Building,

1200 Pennsylvania Avenue, NW., Washington, DC 20460. Electronic comments may be submitted to ow-

For additional technical information contact Deborah G. Nagle at (202) 566-1063. For additional economic

information contact Lynne Tudor, Ph.D. at (202) 566-1043. For additional biological information contact Dana A.

Thomas, Ph.D. at (202) 566-1046. The e-mail address for the above contacts is rule.316b@epa.gov.

United States Environmental

Adopts National Emission Standards for Hazardous Air

Pollutants for Wet-Formed Fiberglass Mat Production Under the Clean Air Act

On April 11, 2002, the United States Environmental Protection Agency (USEPA) adopted National Emission

Standards for Hazardous Air Pollutants (NESHAPs) to add wet-formed fiberglass mat production to the list of

categories of major sources of hazardous air pollutants (HAPs) published under section 112(c) of the Clean Air Act

(CAA) and to the source category schedule for NESHAPs.

This rulemaking promulgates the NESHAPs for new and existing sources at wet-formed fiberglass mat production

facilities. The primary organic HAPs emitted by these facilities are formaldehyde, methanol, and vinyl acetate.

USEPA stated that exposure to these HAPs can cause reversible or irreversible adverse health effects including

carcinogenic, respiratory, nervous system, developmental, reproductive, and/or dermal health effects. USEPA

estimates that these NESHAPs will reduce nationwide emissions of HAP from the drying and curing ovens at these

facilities by 199 megagrams per year (219 tons per year), an approximate 74 percent reduction from the current

level of emissions.

This adopted rulemaking is effective April 11, 2002.

For information concerning the final rule, contact Mr. Juan Santiago, Minerals and Inorganic Chemicals Group,

Emission Standards Division (MD-13), U.S. Environmental

Agency, Research Triangle Park, North

Carolina 27711, telephone number (919) 541-1084, e-mail address: santiago.juan@epa.gov.

Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (2000)), once adopted by

the USEPA, NESHAP rules are applicable and enforceable under the Act without further action by the Board.

United States

Environmental

Agency Proposes National Emission Standards for Hazardous Air

Pollutants Under the Clean Air Act

for Metal Furniture Surface Coating Operations

On April 24, 2002, the United States Environmental Protection Agency (USEPA) proposed National Emission

Standards for Hazardous Air Pollutants (NESHAPs) for metal furniture surface coating operations located at major

sources of hazardous air pollutant (HAP) emissions.

The proposed standards would implement section 112(d) of the Clean Air Act (CAA) by requiring these operations

to meet HAP emission standards through the application of the maximum achievable control technology (MACT).

The primary HAPs emitted by these operations are xylene, toluene, glycol ethers, 2-butoxy ethanol, ethylbenzene,

and methyl ethyl ketone. USEPA stated that each of the HAP could cause toxic effects such as eye, nose, throat,

and skin irritation, and blood cell, heart, liver, and kidney damage. Additionally, USEPA estimated that

implementation of the proposed standards would reduce nationwide HAP emissions from major sources by about 70

Environmental Register – April 2002

Comments on these proposed amendments should be submitted by June 24, 2002 to: Air and Radiation Docket and

Information Center (6102), Attention Docket Number A-97-40, U.S. Environmental

Pennsylvania Avenue, NW., Washington, DC 20460. Comments and data may be submitted by e-mail to: a-and-r-

docket@epa.gov.

For further information contact: Dr. Mohamed Serageldin, Coatings and Consumer Products Group, Emission

Standards Division (C539-03), U.S. Environmental

Agency, Research Triangle Park, NC 27711;

telephone number (919) 541-2379; facsimile number (919) 541-5689; e-mail address:

serageldin.mohamed@epa.gov.

Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (2000)), once adopted by

the USEPA, NESHAP rules are applicable and enforceable under the Act without further action by the Board.

United States Environmental

Agency Adopts Final Rules Under the Federal Food, Drug, and

Cosmetic Act

Establishing a

Pesticide Tolerance for Furilazole

On April 3, 2002, the United States Environmental Protection Agency (USEPA) adopted a final rule to establish a

pesticide tolerance for 3-dichloroacetyl-5-(2-furanyl)-2, 2-dimethyloxazolidine, which is also known as furilazole

(CAS Reg. No. 121776-33-8)].

The tolerance is for the residues of furilazole, an inert ingredient (herbicide safener) that is found in or on corn

commodities. Monsanto Company requested this tolerance under the Federal Food, Drug, and Cosmetic Act, as

amended by the Food Quality Protection Act of 1996.

For further information contact: Kathryn Boyle, Registration Division (7505C), Office of Pesticide Programs,

Agency, 1200 Pennsylvania Ave., NW.,Washington, DC 20460; telephone number: 703

305-6304; and e-mail address: boyle.kathryn@epa.gov.

This regulation is effective April 3, 2002.

United States Environmental Protection Agency Adopts Final Rules Under the Clean Air Act to Establish

National Emission Standards for Hazardous Air Pollutants For the Portland Cement Manufacturing

On April 5, 2002, the United States Environmental

Agency (USEPA) adopted as a direct final rule, while

concurrently publishing an identical proposed rule, targeted amendments to the National Emission Standards for

Hazardous Air Pollutants (NESHAPs) for the Portland cement manufacturing industry.

The rules adopted by USEPA make improvements for implementation of the emission standards, primarily in the

areas of applicability, testing, and monitoring, to resolve issues and questions raised since promulgation of the rule

on June 14, 1999. In a separate action also on April 5, 2002, USEPA proposed the direct final rule as amendments

at 63 Fed. Reg. 14181. Should USEPA receive adverse comments on the direct final rule USEPA has stated that it

would withdraw the direct final rule and proceed to accept comments on the proposed amendments.

Written comments must be received by May 6, 2002 and should be sent to: Air and Radiation Docket and

Information Center (6102), Attention: Docket Number A-92-53, U.S. EPA, 1200 Pennsylvania Avenue, NW,

Washington, DC 20460.

For further information contact: Mr. Joseph Wood, P.E., Minerals and Inorganic Chemicals Group, Emission

Standards Division (C504-05), Office of Air Quality Planning and Standards, U.S. EPA, Research Triangle Park,

North Carolina 27711, telephone number (919) 541-5446, facsimile number (919) 541-5600, electronic mail

address: wood.joe@epa.gov.

Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (2000)), once adopted by

the USEPA, NESHAP rules are applicable and enforceable under the Act without further action by the Board.

Environmental Register – April 2002

United States Environmental

Adopts Direct Final Rules Under the Clean Air Act to

Approve Revisions to the Illinois State Implementation Plan

On April 15, 2002, the United States Environmental

Agency, by direct final rule, approved provisions of

the Illinois State Implementation Plan (SIP). By this action, USEPA indicated its approval of the new emissions test

averaging provisions found in 35 Ill. Adm. Code 283 “General Procedures For Emissions Tests Averaging.” The

procedures were adopted by the Illinois Environmental Protection Agency (IEPA) and were effective September 11,

2000 (see 24 Ill. Reg. 14428).

The IEPA submitted the provisions to USEPA on October 9, 2001 as a requested revision to the Illinois SIP. The

new procedures provide that IEPA will consider a source in compliance with the relevant standard if the average of

three emissions test-runs is at or below the level specified in the emissions standard. The emissions test averaging

provisions only apply to continuous steady-state units, cyclic steady-state units, or other units that during normal

operating conditions produce a consistent pattern of emissions. Also, the emissions test averaging provisions may

not be used for determining the compliance status of emissions units that are subject to Sections 111 (Standards of

Performance for New Stationary Sources) and 112 (Hazardous Air Pollutants) of the Clean Air Act or for units that

are being tested for emissions generated by hazardous waste or municipal waste.

The rule is effective on June 14, 2002, unless USEPA receives adverse written comments by May 15, 2002.

Comments should be sent to: J. Elmer Bortzer, Chief, Regulation Development Section, Air Programs Branch (AR-

18J), U.S. Environmental

Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.

For further information contact: David Pohlman, Environmental Scientist, Regulation Development Section, Air

Programs Branch (AR-18J), U.S. Environmental

Agency, Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604, (312) 886-3299.

Untied States Environmental

Agency Announces the Results of the Review of Existing the

Drinking Water Standards

as Required by the Safe Drinking Water Act

On April 17, 2002 the United States Environmental Protection Agency (USEPA) published the results of its review

of the existing National Primary Drinking Water Regulations

(NPDWRs) and invited public comment on the

The Safe Drinking Water Act (SDWA) requires USEPA to conduct a periodic review of existing NPDWRs. In this

review, USEPA examined 69 NPDWRs that were established prior to 1997, including 68 chemical NPDWRs and

the Total Coliform Rule (TCR). The intended purpose of the review was to identify those NPDWRs for which

current health risk assessments, changes in technology, or other factors provide a health or technical basis to support

a regulatory revision that will improve or strengthen public health protection. Based on its review, and pending an

evaluation of public comments, USEPA preliminarily believes that the 68 chemical NPDWRs remain appropriate at

this time, and that the TCR should be revised.

Comments on the USEPA review must be received by June 17, 2002. Comments can be sent electronically to: ow-

docket@epa.gov. Written comments should be mailed to: Water Docket (MC-4101), U.S. Environmental

Agency, 1200 Pennsylvania Avenue, NW., Washington, DC, 20460.

For further information contact: Judy Lebowich, (202) 564-4884, e-mail: lebowich.judy@epa.gov, or Wynne

Miller, (202) 564-4887, e-mail: miller.wynne@epa.gov. For general information about, and copies of, this

document or information about the existing NPDWRs discussed in this action, contact the Safe Drinking Water

Hotline. Callers within the United States may reach the Hotline at (800) 426-4791. The Hotline is open Monday

through Friday, excluding Federal holidays, from 9 a.m. to 5:30 p.m. Eastern Time.

If USEPA adopts amendments to drinking water rules under the SDWA, the Board will include any necessary

amendments in a future identical-in-substance rulemaking.

Environmental Register – April 2002

United States Environmental

Agency Adopts National Emission Standards for Hazardous Air

Pollutants Under the Clean Air Act for Petroleum Refineries: Catalytic Cracking Units, Catalytic

Reforming Units, and Sulfur Recovery Units

On April 11, 2002, the United States Environmental

Agency (USEPA) adopted final rules to establish

national emission standards for hazardous air pollutants (NESHAPs) for certain types of affected sources at

petroleum refineries.

Sources affected by this rulemaking include catalytic cracking units (CCU), catalytic reforming units, and sulfur

recovery units, as well as associated by-pass lines. USEPA has identified petroleum refineries as major sources of

hazardous air pollutants (HAPs). According to USEPA, hazardous air pollutants that would be reduced by this final

rule include organics (acetaldehyde, benzene, formaldehyde, hexane, phenol, toluene, and xylene); reduced sulfur

compounds (carbonyl sulfide, carbon disulfide); inorganics (hydrogen chloride, chlorine); and particulate metals

(antimony, arsenic, beryllium, cadmium, chromium, cobalt, lead, manganese, and nickel). USEPA stated that the

health effects of exposure to these HAPs could include cancer, respiratory irritation, and damage to the nervous

The final standards implement section 112(d) of the Clean Air Act (CAA) by requiring all petroleum refineries that

are major sources to meet standards reflecting the application of the maximum achievable control technology

(MACT). When fully implemented, USEPA estimates that this rule will reduce HAP emissions from the affected

sources by nearly 11,000 tons per year (tpy)--an 87 percent reduction from current levels. Additionally, emissions

of other pollutants such as volatile organic compounds, particulate matter, carbon monoxide, and hydrogen sulfide

are expected to be reduced by about 60,000 tpy.

This rule was effective on April 11, 2002.

For further information contact: Mr. Robert B. Lucas, Waste and Chemical Process Group, Emission Standards

Division (C439-03), Office of Air Quality Planning and Standards, U.S. Environmental

Research Triangle Park, North Carolina 27711, telephone number (919) 541-0884, electronic mail address,

lucas.bob@epa.gov

Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (2000)), once adopted by

the USEPA, NESHAP rules are applicable and enforceable under the Act without further action by the Board.

Rule Update

Board Adopts Final Opinion and Order in Site Remediation Program: Amendments to 35 Ill. Adm. Code

740; Site Remediation Program: Proposed 35 Ill. Adm. Code 740, Subpart H (Public Schools), R01-27/R01-

29 (Consolidated)

On April 18, 2002, the Board adopted a final opinion and order in Site Remediation Program: Amendments to 35

Ill. Adm. Code 740; Proposed 35 Ill. Adm. Code 740, Subpart H (Public Schools), R01-27/R01-29 (Consolidated).

The adopted amendments were published in the

Illinois Register

on May 10, 2002 at 26 Ill. Reg. 7197 with an April

25, 2002 effective date.

The SRP rules establish a voluntary program that participants may use to investigate releases and clean up

contaminated sites. The SRP regulations give participants the opportunity to obtain Illinois Environmental

Protection Agency (Agency) approval of remediation costs before applying for environmental remediation tax

credits for the cleanup. The amendments adopted by the Board include mandatory laboratory accreditation by

January 1, 2003, the development of soil management zones to manage contaminated soil during remediation

projects, and the inclusion of MTBE as a contaminant to be tested for in the process of a remediation project.

Environmental Register – April 2002

Additionally, the amendments proposed by Citizens for a Better Environment (CBE) adopt enhanced protections for

public schools. These regulations are specified in a new Subpart H “Requirements Related to Schools” that includes

requirements targeted specifically at sites undergoing remediation that are intended to eventually be used as schools.

Specifically, the new Subpart requires completion of all remedial activities, and the receipt of a No Further

Remediation letter, prior to the use of a site as a school. Included in this rulemaking are additional requirements,

such as the establishment of a document repository, that are intended to enhance public participation in the site

remediation process.

This consolidated docket included proposals filed with the Board by the Agency and the CBE to amend 35 Ill.

Adm. Code 740 of the Board’s land regulations, commonly referred to as the Site Remediation Program (SRP)

rules. The Board accepted the Agency’s proposal for hearing on January 18, 2001.

Site Remediation Program:

Amendments to 35 Ill. Adm. Code 740, R01-27 (Jan. 18, 2001). The CBE proposal was filed with the Board on

January 26, 2001, and accepted for hearing and consolidated with the Agency’s proposal on February 1, 2001.

Site Remediation Program: Proposed 35 Ill. Adm. Code 740.Subpart H (Public Schools), R01-29.

The Board held two hearings on the consolidated proposal on April 4, 2001 and February 28, 2001. The Board

adopted its first notice opinion and order on November 1, 2001. The first-notice proposal was published in the

Illinois Register

on November 16, 2001. On February 21, 2002, the Board adopted its second notice opinion and

order and sent the amendments to the General Assembly’s Joint Committee on Administrative Rules (JCAR) for

review. After consideration of the rules at its April 10, 2002 meeting, JCAR issued a certificate of no objection.

For additional information contact William Murphy at 312/814-6062; e-mail address: murphyw@ipcb.state.il.us

Board Adopts Final Opinion and Order in Amendments to Regulation of Petroleum Leaking Underground

Storage Tanks: 35 Ill. Adm. Code 732, R01-26

On April 18, 2002, the Board adopted a final opinion and order in Amendments to Regulation of Petroleum Leaking

Underground Storage Tanks: 35 Ill. Adm. Code 732, R01-26. The adopted amendments were published in the

Illinois Register

on May 10, 2002 at 26 Ill. Reg. 7119 with an April 29, 2002 effective date.

The adopted amendments to 35 Ill. Adm. Code 732 include requirements for certification of laboratories that

analyze samples from underground storage tank (UST) sites; new procedures for UST owners or operators to follow

at High Priority UST sites where off-site access is required; the addition of methyl tertiary butyl-ether (MTBE) as

an indicator contaminant; procedures for the Illinois Department of Transportation (IDOT) to enter into a

memorandum of agreement (MOA) for USTs on IDOT rights-of-way and to allow the federal government to enter

into a MOA for USTs on federally-held properties; and, if the Agency determines that a UST owner or operator’s

corrective action plan has not achieved the desired outcome, the Agency can require the owner or operator to submit

a revised corrective plan.

Additionally, the Board added language to the UST rules to clarify the trigger date for the Early Action

reimbursement period. To qualify for Early Action reimbursement, activities must now be initiated within 45 days

“plus seven” of the initial notification to the Illinois Emergency Management Agency (IEMA) of a release. This

provision incorporates the policy in the Office of the State Fire Marshall’s regulations that requires owners or

operators to notify IEMA upon confirmation of a release (

41 Ill. Adm. Code 170.600), while allowing for seven

days to complete steps related to confirmation of a release.

This rulemaking was initiated by

a proposal filed with the Board on December 6, 2000, by the Illinois

Environmental Protection Agency (Agency). The Agency submitted this proposal to the Board in order to clarify

and refine Part 732 in accordance with the experience that the Agency has gained in administering the regulations

since they were adopted in 1994 and amended in 1997.

Regulation of Petroleum Leaking Underground Storage

Tanks 35 Ill. Adm. Code 732 (Pursuant to P.A. 88-496), R94-2(A) (Sept. 15, 1994) (original UST regulations);

Regulation of Petroleum Leaking Underground Storage Tanks (35 Ill. Adm. Code 732), R97-10 (March 6, 1997).

Environmental Register – April 2002

The Board held two hearings on the consolidated proposals on April 3, 2001 and February 27, 2001. The Board

adopted its first notice opinion and order on November 1, 2001. The first-notice proposal was published in the

Illinois Register

on November 16, 2001. On February 21, 2002, the Board adopted its second notice opinion and

order and sent the amendments to the General Assembly’s Joint Committee on Administrative Rules (JCAR) for

review. After consideration of the rules at its April 10, 2002 meeting, JCAR issued a certificate of no objection.

For additional information contact Joel Sternstein at 312/814-3665; email address: sternsteinj@ipcb.state.il.us

Board Adopts Final Amendments In RCRA Subtitle C Update, USEPA Amendments (January 1, 2001,

through June 30 2001) RCRA Subtitle C Update, USEPA Amendments (July 1, 2001 through December 31,

2001, and January 22, 2002) UIC Update, USEPA Amendments (July 1, 2001 through December 31, 2001)

R02-1/ R02-12 / R02-17 (Identical-in-Substance Rulemaking - Land)(Consolidated)

On April 18, 2002, the Board adopted amendments that are “identical in substance” to regulations that the United

States Environmental Protection Agency (USEPA) adopted in two programs:

Hazardous waste regulations to implement Subtitle C of the federal Resource Conservation and Recovery

Act of 1976 (RCRA Subtitle C) (42 U.S.C. §§ 6921

. (2000)) adopted by USEPA during the period

January 1, 2001 through December 31, 2001, and on January 22, 2002, March 13, 2002, and April 9, 2002.

Underground injection control (UIC) regulations to implement Section 1421 of the federal Safe Drinking

Water Act (SDWA) (42 U.S.C. § 300h (2000)) adopted by USEPA during the period July 1, 2001 through

December 31, 2001.

The adopted amendments were published in the

Illinois Register

on May 3, 2002 beginning at 26 Ill. Reg. 6539 with

an April 22, 2002 effective date.

Perhaps the most significant portion of the rules is the USEPA’s January 22, 2002 amendments covering corrective

action management units (CAMUs). The Board added these rules to this consolidated docket at the January 9, 2002

request of the Illinois Environmental Protection Agency (Agency). USEPA stated that it intended to implement the

CAMU rules in Illinois as federal rules by April 22, 2002 unless Illinois could commit to implement the

amendments as State rules by that time. The Board was able to expedite consideration of this rulemaking to meet

the April 22, 2002 federal deadline.

Other significant federal regulatory actions adopted as Board rules in this docket include: relaxed requirements for

low-level radioactive waste mixed with hazardous waste (LLMW) and naturally occurring and accelerator-produced

radioactive material (NARM); retention of the “mixture” and “derived-from” hazardous waste rules; amendments to

the hazardous waste combustor rules; new hazardous waste listings

For reasons of administrative economy, the Board consolidated dockets R02-1, R02-12, and R02-17. The proposal

for public comment was published in the

Illinois Register

on February 22, 2002 and March 1, 2002. These adopted

amendments accommodate the concerns of the major public commenters: USEPA, the Agency, the Illinois

Department of Nuclear Safety, and the Illinois Environmental Regulatory Group.

Sections 7.2 and 22.4(a) 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 U.S.C. §§ 6921-6925

(2000)). Similarly, Sections 7.2 and 13(c) provide for quick adoption of regulations that are identical in substance

to federal regulations that USEPA adopts to implement Section 1421 of the federal Safe Drinking Water Act

(SDWA) (42 U.S.C. § 300h (2000)). Sections 13(c) and 22.4(a) also provide that Title VII of the Act and Section 5

of the Administrative Procedure Act (APA) (5 ILCS 100/5-35 and 5-40 (2000)) do not apply to the Board’s

adoption of identical-in-substance regulations. The federal RCRA Subtitle C regulations are found at 40 C.F.R. 260

through 266, 268, 270, 271, 273, and 279. The federal UIC regulations are found at 40 C.F.R. 144 through 148.

For additional information contact Michael J. McCambridge at 312-814-6924; e-mail address

mccambm@ipcb.state.il.us

Environmental Register – April 2002

Appellate Update

Fourth District Court Affirms Board Decision in Gilmer v. People & IPCB, No. 4-00-0809, PCB 99-27

On April 8, 2002, the Fourth District Appellate Court affirmed the Board's finding of violation and assessing of a

$40,000 penalty in the Board’s docket People of the State of Illinois v. James and Carol Gilmer, Respondents/Third-

Party Complainants v. CL Industries, PCB 99-27 (August 24, 2000). The court issued an unpublished order under

Supreme Court Rule 23 (155 Ill.2d R. 23) in its case Gilmer v. People & IPCB, No. 4-00-0809 (4

2002). Justice James A. Knecht authored the majority order with which Presiding Justice John T. McCullough

concurred. Justice Robert W. Cook issued a dissenting statement.

The Gilmer case involved a piece of property near Villa Grove, Douglas County. The Gilmers had leased a portion

of it to Multi-County Landfill, Inc. that operated a permitted landfill on the property from about 1975 to mid-1990.

At that time, IEPA filed a circuit court enforcement action alleging various operating violations. This resulted in a

1995 Douglas county circuit court order assessing a $350,00 penalty, and enjoining the corporation from further

violations. The corporation then abandoned the site without properly closing it. Since 1997, the IEPA has spent

$4.1 million to properly close this abandoned site, and more work is necessary.

The Attorney General filed the action before the Board against the Gilmers in 1998, alleging failure to properly 1)

close the landfill, 2) control leachate to prevent groundwater contamination, 3) provide cover and control litter and

leachate, and 4) monitor and establish a groundwater protection plan. The Board found the then-63 year old couple

in violation of the Act and landfill rules.

The record contained no evidence on the amount of income the Gilmers had received from the lease, although it did

contain evidence about their financial circumstances at the time of hearing. After summarizing the record, the

Board in its opinion levied a $40,000 penalty to deter similar future violations.

On appeal, the Gilmers challenged only the fine, which they argued was an abuse of discretion. In its opinion, the

court quoted the Board's findings on the various 33(c) factors, and noted the Board's statement that the possible

penalty that could be imposed was $19 million. (slip op. 6-10).

The court stated that the "crux of the Gilmers' argument is the Board did not consider their ability to pay, their ages,

and their lack of culpability in determining the amount of penalties." (slip op. p. 9) But, the court's own "reading of

the Board's finding indicates the penalty was assessed to ensure the Gilmers' future compliance with the Act and to

deter other landowners from committing similar violations". Id.

The court concluded, "the Board did consider the Gilmers' ability to pay...[and even if it did not] no statutory

provision limits the amount of penalties to the violators' ability to pay. Given these facts, we find the penalty

ordered by the Board was not clearly arbitrary, capricious, or unreasonable. The $40,000 penalty was necessary to

aid in the enforcement of the Act and to deter the Gilmers or other similarly situated landowners from future

violation." (slip op. pp. 10-11).

Justice Cook's dissenting statement is that "I do not understand how a 63-year-old couple with $105,000 in assets

and $3,111 in monthly income from Social Security and a small remodeling business could have been expected to

even begin the $4.1 million closure operation... [or] how the $40,000 penalty will 'deter the Gilmers or other

similarly situated landowners from future violations' . . .[since the] Gilmers will never be able to come up with

anything close to $4.1 million, no matter how severely they are penalized." (slip op. p. 12)

In an affidavit mailed April 26, 2002, the Gilmers advised the Board and court of their intention to appeal this case

to the Illinois Supreme Court.

Environmental Register – April 2002

Board Actions

April 4, 2002

Chicago, Illinois

People of the State of Illinois v. Old World Industries, Inc. and Specialty Sealant

Tapes, Inc. – In this land enforcement action concerning a Cook County facility,

the Board granted complaint’s motion to dismiss Specialty Sealant Tapes, Inc. as

a respondent. The Board also granted relief from the hearing requirement of

Section 31(c)(1) of the Environmental Protection Act (415 ILCS 5/31(c)(1)

(2000)), accepted a final stipulation and settlement agreement as to respondent

Old World Industries, Inc. (Old World), ordered Old World to pay a total civil

penalty of $65,000, and to cease and desist from further violations.

ESG Watts, Inc. (Sangamon Valley Landfill) v. IEPA – The Board affirmed the

Illinois Environmental Protection Agency’s refusal to release any existing

financial assurance tendered by ESG Watts for the facilities owned by ESG

ESG Watts, Inc. (Viola Landfill) v. IEPA; ESG Watts, Inc. (Taylor Ridge

Andalusia Landfill) v. IEPA –The Board affirmed the Illinois Environmental

Protection Agency’s decision refusing to accept the substitute financial assurance

offered by ESG Watts for the Taylor Ridge/Andalusia landfill and the Viola

ESG Watts, Inc. (Sangamon Valley Landfill, Taylor Ridge Landfill, and Viola

Landfill) v. IEPA –The Board affirmed the Illinois Environmental Protection

Agency’s decision refusing to release any existing financial assurance tendered

by ESG Watts for the facilities owned by ESG Watts.

City of Canton v. IEPA – The Board granted petitioner a variance, subject to

conditions from 35 Ill. Adm. Code 611.743(a)(1), 611.744 and 611.745, which

relate to installing and collecting data from turbidity monitors for its water

purification plant located in Fulton County, Illinois.

Environmental Register – April 2002

Motions and Other Matters

People of the State of Illinois v. Jersey Sanitation Corporation – The Board

granted respondent’s motion for summary judgment, relating to contested permit

conditions. The Board found that respondent did not violate Sections 415 ILCS

5/21(d)(1), 5/21(d)(2), 5/22.17(a) and 5/22.17(b) (2000) of the Environmental

Protection Act and 35 Ill. Adm. Code 745.181 and 745.201 of the Board’s

regulations. This matter was ordered to hearing in order to adjudicate the

remaining allegations.

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.; Charles Abraham,

Josephine Abraham, and Millstream Services, Inc., Cross-Complainants v.

William Anest and Peter Anest, Cross-Respondents – The Board denied

respondent Anests’ motion for summary judgment against the Abrahams on their

cross-complaint, but struck count II of the cross-complaint and any portion of the

cross-complaint that seeks reimbursement of penalties. The Board granted

complainant’s motion for partial summary judgment against respondents State

Oil and Anests. The Board granted complainant’s motion for summary judgment

against the Abrahams and Millstream in part and denied it in part. Specifically,

the motion for summary judgment was granted as to count I of the complainant’s

complaint that alleged a violation of Section 12(a) of the Act (415 ILCS 5/12(a)

(2000)), but denied as to count II of the complainant’s complaint seeking

reimbursement for costs incurred by the State pursuant to Section 57.12 of the

Act. 415 ILCS 5/57.12 (2000). Finally, the Board denied the motion for

summary judgment filed by the Abrahams and Millstream against the

complainant on count II of the complainant’s complaint. This matter was

ordered to hearing in order to adjudicate the remaining allegations and penalty

Pekin Energy Company v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this variance request involving a Tazewell County facility.

People of the State of Illinois v. Patrick Robert Land Trust – The Board granted

complainant’s motion for summary judgment. The Board finds that the

respondent violated Sections 12(a), 21(a), (d), and (p)(1) of the Environmental

Protection Act (415 ILCS 5/12(a), 21(a), (d), (p)(1) (2000)), and 35 Ill. Adm.

Code 812.101(a). The Board directed this matter to hearing as expeditiously as

practicable on the specific issues of the appropriate penalty amount, costs, and

attorney’s fees.

Environmental Register – April 2002

People of the State of Illinois v. City of Pana, Housing Authority of Christian

County, PrairieLand Construction, Inc., and Rich Williams d/b/a C.R. Williams

& Associates, Architects; PrairieLand Construction, Inc. Cross-Complainant v.

City of Pana, Housing Authority of Christian County, and Rich Williams d/b/a

C.R. Williams & Associates Architects Cross-Respondents – Upon receipt of a

proposed stipulation and settlement agreement and an agreed motion to request

relief from the hearing requirement in this public water supply enforcement

action involving a Christian County facility, the Board ordered publication of the

required newspaper notice.

Sandra Stanton v. Mrs. Jessie Oyston, Mayor (Village of Buckner) – The Board

found that this complaint was frivolous. This matter was dismissed and the

docket was closed.

J&L Oil, Inc. (Lake Villa) v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this underground storage tank appeal involving a Lake

County facility.

J&L Oil, Inc. (Fox Lake) v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this underground storage tank appeal involving a Lake

County facility.

Village of Findlay v. IEPA – The Board accepted for hearing this permit appeal

involving a Shelby County facility.

The Ensign Bickford Company v. IEPA – The Board accepted this Union County

facility’s petition for a variance from the Board’s regulation at 35 Ill. Adm. Code

237.103, and will decide the case on receipt of the Illinois Environmental

Protection Agency recommendation, since hearing was waived.

Rockford Stop-N-Go, 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

Boone County facility.

People of the State of Illinois v. Home Depot U.S.A., Inc. – Upon receipt of the

complaint, a proposed stipulation and settlement agreement, and an agreed

motion to request relief from the hearing requirement in this public water supply

enforcement action involving a Lake County facility, the Board ordered

publication of the required newspaper notice.

Environmental Register – April 2002

April 18, 2002

Via Video Conference Between

Springfield and Chicago, Illinois

In the Matter of: Amendments to Regulation of Petroleum Leaking Underground

Storage Tanks: 35 Ill. Adm. Code 732 – The Board adopted a final opinion and

order in this rulemaking to amend the Board’s underground storage tank

In the Matter of: Site Remediation Programs: Amendments to 35 Ill. Adm.

Code 740; In the Matter of: Site Remediation Program: Proposed 35 Ill. Adm.

Code 740.Subpart H (Schools, Public Parks, and Playgrounds) – The Board

adopted a final opinion and order in this consolidated rulemaking to amend the

Board’s site remediation program regulations.

In the Matter of: RCRA Subtitle C Update, USEPA Amendments (January 1,

2001 through June 30, 2001); RCRA Subtitle C Update, USEPA Amendments

(July 1, 2001 through December 31, 2001 and January 22, 2002); UIC Update,

USEPA Amendments (July 1, 2001 through December 31, 2001) – The Board

adopted a final opinion and order in this consolidated “identical-in-substance”

rulemaking which amended the Board’s hazardous waste and underground

injection control regulations.

Administrative Citations

IEPA v. Lisa Lewey-Shields and Paul Shields – The Board granted

complainant’s motion for voluntary dismissal of this administrative citation

involving a Champaign County facility.

IEPA v. Jerel Childers – The Board accepted for hearing this petition for review

of an administrative citation against this Massac County respondent.

IEPA v. Dwaine Bauer and Tim Tipsword – The Board found that these

Cumberland County respondents violated Section 21(p)(1) of the Act (415 ILCS

5/21(p)(1) (2000)), and ordered respondents to pay a civil penalty of $1,500

IEPA v. Herbert L. Board – The Board accepted for hearing this petition for

review of an administrative citation against this Edgar County respondent.

Environmental Register – April 2002

People of the State of Illinois v. Meridian Development Corporation – In this

water enforcement action concerning a Lake County facility, the Board granted

relief from the hearing requirement of Section 31(c)(1) of the Environmental

Protection Act (415 ILCS 5/31(c)(1) (2000)), accepted a final stipulation and

settlement agreement, ordered this respondent to pay a total civil penalty of

$10,000, and to cease and desist from further violations.

Motions and Other Matters

People of the State of Illinois v. Peabody Coal Company – The Board granted

respondent’s motion for leave to file

, denied respondent’s motion for

leave to file a reply, and denied all motions filed on April 17, 2002 as moot.

Complainant must file any response to the motion to dismiss or strike no later

than May 2, 2002.

People of the State of Illinois v. Laidlaw Corporation – Upon receipt of a

proposed stipulation and settlement agreement and an agreed motion to request

relief from the hearing requirement in this air enforcement action involving a

Massac County facility, the Board ordered publication of the required newspaper

People of the State of Illinois v. Joe Decicco Demolition, Inc. – The Board

granted complainant’s motion for summary judgment, and found respondent in

violation of Section 9.1(d)(1) of the Act (415 ILCS 5/9.1(d)(1) (2000)), and

Sections 61.145(b)(3), 61.145(b)(4)(i), 61.145(b)(4)(iii), 61.145(b)(4)(v), and

61.145(b)(4)(ix) of the asbestos National Emission Standards for Hazardous Air

Pollutants (40 C.F.R. §§ 61.145(b)(3), 61.145(b)(4)(i), 61.145(b)(4)(iii),

61.145(b)(4)(v), and 61.145(b)(4)(ix) (2000)). The Board directed this matter to

hearing on the specific issues of the appropriate penalty amount, costs, and

People of the State of Illinois v. Stein Steel Mill Services, Inc. – The Board

granted in part and denied in part complainant’s motion to strike affirmative

defenses. This matter was ordered to hearing on the remaining allegations.

E&L Trucking Company v. IEPA – The Board denied both respondent’s motion

for extension of time to file administrative record and petitioner’s motion for

sanctions. The Board directed that the record be filed immediately, and that

hearing be set within 30 days.

People of the State of Illinois v. Chiquita Processed Foods, L.L.C. – The Board

denied complainant’s motion to strike affirmative defenses.

Environmental Register – April 2002

Sauer-Danfoss (US) Company v. IEPA – The Board granted petitioner’s motion

for voluntary dismissal of this underground storage tank appeal involving a

LaSalle County facility.

MAC Investments v. IEPA – Having previously granted a request for a 90-day

extension, the Board dismissed this matter because no underground storage tank

appeal was filed on behalf of this Cook County facility.

Rezmar Corporation v. IEPA – The Board accepted for hearing this underground

storage tank appeal involving a Cook County facility.

Illinois State Toll Highway Authority (Hinsdale Oasis – West) v. IEPA – Having

previously granted a request for a 90-day extension, the Board dismissed this

matter because no underground storage tank appeal was filed on behalf of this

DuPage County facility.

E&L Trucking Company v. IEPA – The Board denied respondent’s motion for

reconsideration or clarification of the Board’s March 7, 2002 order dismissing

Saline County Landfill, Inc. v. IEPA; Saline County, intervenor – The Board

granted the County of Saline’s (County) motion to intervene, but denied both the

petitioner’s and the County’s motions for summary judgment. This matter was

ordered to hearing on the remaining contested issues.

People of the State of Illinois v. Fox Valley Dry Wall, Inc. – The Board accepted

for hearing this underground storage tank enforcement action involving a Kane

County facility.

Illinois State Toll Highway Authority (Lincoln Oasis – North) 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.

Lyons Township High School District 204 v. IEPA – The Board accepted for

hearing this underground storage tank appeal involving a Cook County facility.

Mick’s Garage 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.

Environmental Register – April 2002

Novotny Farms, L.L.C v. IEPA – Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and certified that

specified facilities of Novotny Farms, L.L.C. located in Bureau County are

pollution control facilities for the purpose of preferential tax treatment under the

Property Tax Code (35 ILCS 200/11-10 (2000)).

Kathryn Bradley v. IEPA – Upon receipt of the Illinois Environmental Protection

Agency’s recommendation, the Board found and certified that specified facilities

of Kathryn Bradley located in Lee County are pollution control facilities for the

purpose of preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2000)).

High View, L.L.C. v. IEPA – Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and certified that

specified facilities of High View, L.L.C. located in Stephenson County are

pollution control facilities for the purpose of preferential tax treatment under the

Property Tax Code (35 ILCS 200/11-10 (2000)).

Charles L. Rich v. IEPA – Upon receipt of the Illinois Environmental Protection

Agency’s recommendation, the Board found and certified that specified facilities

of Charles L. Rich located in Lee County are pollution control facilities for the

purpose of preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2000)).

Reichhold Chemicals, 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

Cook County facility.

Reichhold Chemicals, 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

Cook County facility.

April 4, 2002 Board Meeting

Village of Findlay v. IEPA – The Board accepted for hearing this permit appeal involving a Shelby County

The Ensign Bickford Company v. IEPA – The Board accepted this Union County facility’s petition for a

variance from the Board’s regulation at 35 Ill. Adm. Code 237.103, and will decide the case on receipt of the

Illinois Environmental Protection Agency recommendation, since hearing was waived.

Rockford Stop-N-Go, 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 Boone County facility.

People of the State of Illinois v. Home Depot U.S.A., Inc. – Upon receipt of the complaint, a proposed

stipulation and settlement agreement, and an agreed motion to request relief from the hearing requirement in this

Environmental Register – April 2002

public water supply enforcement action involving a Lake County facility, the Board ordered publication of the

required newspaper notice.

County of Sangamon v. Kevin Biggs – The Board accepted an administrative citation against this

County respondent.

IEPA v. James H. Hendricks, Joseph L. Hendricks, Jeffrey Hendricks, and Hendricks Home Furnishing,

Inc. – The Board accepted an administrative citation against these Macoupin

County respondents.

IEPA v. Tony Luttrell – The Board accepted an administrative citation against this Clay

Ogle County Solid Waste Management Department v. Loren and Mary Hart d/b/a Rolling Meadows

Mobile Home Park and Jeff Hart – The Board accepted an administrative citation against these Ogle

IEPA v. Gordon Romine d/b/a Romine Disposal – The Board accepted an administrative citation against

County respondent.

April 18, 2002 Board Meeting

People of the State of Illinois v. Fox Valley Dry Wall, Inc. – The Board accepted for hearing this

underground storage tank enforcement action involving a Kane County facility.

Illinois State Toll Highway Authority (Lincoln Oasis – North) 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.

Barbara and Ronald Stuart v. Franklin Fisher – The Board held for a later duplicitous/frivolous

determination this citizens’ noise enforcement action involving a Will County facility.

Lyons Township High School District 204 v. IEPA – The Board accepted for hearing this underground

storage tank appeal involving a Cook County facility.

Mick’s Garage 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.

Novotny Farms, L.L.C v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of Novotny Farms, L.L.C. located in Bureau

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

ILCS 200/11-10 (2000)).

Kathryn Bradley v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of Kathryn Bradley located in Lee County

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

200/11-10 (2000)).

High View, L.L.C. v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of High View, L.L.C. located in Stephenson

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

ILCS 200/11-10 (2000)).

Charles L. Rich v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation,

the Board found and certified that specified facilities of Charles L. Rich located in Lee County are pollution control

facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2000)).

Reichhold Chemicals, 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 Cook County facility.

Reichhold Chemicals, 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 Cook County facility.

City of Waukegan et al. v. IEPA and North Shore Sanitary District – No action taken.

Environmental Register – April 2002

IEPA v. Gerald Goines – The Board accepted an administrative citation against this Johnson

IEPA v. Maurice Newcomer – The Board accepted an administrative citation against this Carroll

IEPA v. Edward E. Tucker and Gibson Materials Company – The Board accepted an administrative

citation against these Ford

County respondents.

People of the State of Illinois v. Bentronics

City Council Chambers

404 North Wood Dale Road

Illinois Pollution Control Board Meeting

Chicago/Springfield Videoconference

Illinois Pollution Control Board

James R. Thompson Center

Conference Room 11-512

100 West Randolph Street

Hearing Room 403

600 South Second Street

Illinois Pollution Control Board Meeting

Chicago/Springfield Videoconference

Illinois Pollution Control Board

James R. Thompson Center

Conference Room 11-512

100 West Randolph Street

Hearing Room 403

600 South Second Street

IEPA v. Ivan R. Smith and Lois Smith

(Bainbridge Twp./Smith) IEPA Docket No.

Rushville City hall

Council Chambers

220 West Washington Street

Illinois Pollution Control Board Meeting

Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

IEPA v. Colorado Real Estate & Investment

Co. (Kingspark Mobile Estates) IEPA

Docket No. 561-01-AC

Peoria County Courthouse

324 Main Street

The American Coal Company-Galatia

(Landfill). (Property Identification Numbers

11-1-083-01, 1-1-088-01, 1-1-088-03, 1-1-

088-04, 11-1-093-01, 11-1-093-02, 11-1-

093 03, 11-1-093-05, 11-1-093-06, 11-1-

093-07, 11-1-095-01,11-1-095-02) v. IEPA

Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

Environmental Register – April 2002

Illinois Pollution Control Board Meeting

James R. Thompson Center

Conference Room 11-512

100 West Randolph Street

IEPA v. Terry and Litisha Springer (Elsah

Twp./Springer) IEPA Docket No. 390-01-

Jersey County Courthouse

People of the State of Illinois v. Skokie

Valley Asphalt, Inc.

Grayslake Village Hall

20 South Seymour Avenue

IEPA v. Mound City (IEPA no 288-01-AC)

Pulaski County Courthouse

County Board Room

Second and High Street

People of the State of Illinois v. Patrick

Robert Land Trust

Tazewell County Courthouse

342 Court Street

People of the State of Illinois v. Union

Pacific Railroad

Carbondale City Hall

Council Chambers

609 East College Street

People of the State of Illinois v. Union

Pacific Railroad

Carbondale City Hall

Council Chambers609 East College

Environmental Register – April 2002

IEPA Restricted Status List

Illinois Environmental Protection Agency

Division of Public Water Supplies

Restricted Status List -- Public Water Supplies

The Restricted Status List was developed to give additional notification to officials of public water supplies which

are in violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies, Chapter I or the Illinois Environmental

Protection Act.

The Restricted Status List will include all Public Water Supplies for which the Agency has information indicating a

violation of any of the following requirements: Finished water quality requirements of 35 Ill. Adm. Code, Part 604,

Subparts B and C; maintenance of adequate pressure on all parts of the distribution system under all conditions of

demand; meeting raw water quantity requirements of 35 Ill. Adm. Code 604.502; or maintenance of treatment

facilities capable of providing water "assuredly adequate in quantity" as required by Section 18 of the Illinois

Environmental Protection Act.

A public water supply on the Restricted Status List will not be issued permits for water main extensions, except for

certain limited situations, or unless the supply has been granted a variance from the Illinois Pollution Control Board

for the violation, or from permit issuance requirements of Section 39 of the Act.

This list is continually being revised as new information becomes available, and therefore, specific inquiries as to

the status of any public water supply should be directed to the Division of Public Water Supplies for final

determination. This list reflects the status as of April 2002.

Indicates public water supplies that have been added to the list since the previous publication.

PUBLIC WATER SUPPLY/COUNTY/FACILITY

Acorn Acres Sbdv (Lake Co - 0975020)

Inadequate Pres Tank

Alden Long Grove Nursing Center(Lake Co - 0971090)

Inadequate Pres Tank

Alpha (Henry Co - 0730050)

Adjusted Gross Alpha

Bahl Wtr Corp (Jo Daviess Co - 0855200)

Inadequate Pres Storage

Bayles Lake Lot Owners Assn (Iroquois Co - 0755110)

Inadequate Pres Tank

Biggsville (Henderson Co - 0710050)

Adjusted Gross Alpha

Bonnie Lane Water Supply (Kendall Co - 0930010)

Inadequate Pres Tank

Bradford (Stark Co - 1750050)

Bradley Hts Sbdv (Winnebago Co - 2015050)

Inadequate Pres Tank

Bryant (Fulton Co - 0570200)

Adjusted Gross Alpha

Buckingham (Kankakee Co - 0910250)

Inadequate Pres Tank

Environmental Register – April 2002

Bushnell (McDonough Co - 1090150)

Adjusted Gross Alpha

Byron Woods Sbdv (Rock Island Co - 1610070)

Carbon Hill (Grundy Co - 0630100)

Adjusted Gross Alpha

Carroll Hts Utl Cmpny (Carroll Co - 0155200)

Inadequate Pres Tank

Century Pines Apts (Carroll Co - 0150020)

Inadequate Pres Tank

Claremont Hls Sbdv (McHenry Co - 1115080)

Inadequate Pres Tank

Clearview Sbdv (Will Co - 1975360)

Inadequate Pres Tank

Community Srvc Corp (McHenry Co - 1115350)

Inadequate Pres Tank

Coyne Cntr Coop (Rock Island Co - 1615150)

Inadequate Pres Tank

Cropsey Cmnty Wtr (McLean Co - 1135150)

Inadequate Pres Tank

Crystal Clear Wtr Cmpny (McHenry Co - 1115150)

Inadequate Pres Tank

Crystal Hts Assn (McHenry Co - 1115100)

Inadequate Pres Tank

D and R Apts (Champaign Co - 0190030)

Inadequate Pres Tank

Deering Oaks Sbdv (McHenry Co - 1115200)

Inadequate Pres Tank

DeKalb Univ Dvl Corp (DeKalb Co - 0375148)

Inadequate Pres Tank

DeWitt Cnty NH (DeWitt Co - 0395129)

Inadequate Pres Tank

DL Well Owners Assn (Lake Co - 0975380)

Inadequate Pres Tank

Dover (Bureau Co - 0110350)

Inadequate Pres Tank

East End Wtr Assn (Rock Island Co - 1610140)

Inadequate Storage Capacity

Eaton PWD (Crawford - 0335100)

Indequate Source Capacity

East Moreland Wtr Assn (Will Co - 1975600) 2

East Moreland Wtr Corp (Will Co - 1975640) 2

Edelstein (Peoria Co - 1435150)

Adjusted Gross Alpha

Edgington Water District (Rock Island Co-1615550)

Inadequate Pres Tank

Elm Oak Mutual Wtr Syst (Lake Co - 0975736)

Inadequate Pres Tank

Emmett Utl Inc (McDonough Co - 1095200)

Inadequate Pres Tank

Evergreen Vlg Sbdv (Rock Island Co - 1615310

Inadequate Pres Tank

Environmental Register – April 2002

Fahnstock Court Sbdv (Peoria Co - 1435200)

Inadequate Pres Tank

Fair Acres Sbdv (Will Co - 1975680)

Inadequate Pres Tank

Farmington (Fulton Co - 0570500)

Adjusted Gross Alpha

Forest Lake Addn (Lake Co - 0975500)

Inadequate Pres Tank

Frwrd-Skyline Cpy (Kane Co - 0895030)

Inadequate Pres Tank

Galva (Henry Co - 0730450)

Adjusted Gross Alpha

Garden Street Imprv Assn (Will Co - 1975376)

Inadequate Pres Tank

Gardner (Grundy Co - 0630400)

Adjusted Gross Alpha

Glasford (Peoria Co - 1430350)

Adjusted Gross Alpha

Glenkirk Campus North (Lake Co - 0977189)

Inadequate Pres Tank

Glenkirk Campus South (Lake Co - 0977199)

Inadequate Pres Tank

Good Shepherd Mnr (Kankakee Co - 0915189)

Inadequate Pres Tank

Great Oaks&Beacon Hls Apts (Winnebago Co-2015488)

Inadequate Pres Tank

Greenwood Outback (LaSalle Co - 0990080)

Inadequate Pres Tank

Harbor Lites/Pistakee Fshg Cl (McHenry Co - 1110011)

Inadequate Pres Tank

Hardinville (Crawford Co - 0330020)

Inadequate Source Capacity

Hawthorn Woods (Lake Co - 0970450)

Inadequate Pres Tank

Heatherfield Sbdv (Grundy Co - 0635150)

Inadequate Pres Tank

Highland Sbdv (Kane Co - 0895530)

Inadequate Pres Tank

Hillview Sbdv (Will Co - 1975800)

Inadequate Pres Tank

Holy Family Villa (Cook Co - 0310280)

Inadequate Pres Tank

Hopewell (Marshall Co - 1235150)

Adjusted Gross Alpha

Huntley Cmnty Sbdv (Will Co - 1975840)

Inadequate Pres Tank

Ingalls Pk Sbdv (Will Co - 1975880)

Inadequate Pres Tank

Kewanee (Henry Co - 0730650)

Adjusted Gross Alpha

Kingston Mines (Peoria Co - 1430450)

Adjusted Gross Alpha

Kirk Wtr Line (Crawford Co - 0330030

Inadequate Source Capacity

Environmental Register – April 2002

Knoxville (Knox Co - 0950300)

Adjusted Gross Alpha

Lake Lynwood Wtr Sys (Henry Co - 0735330)

Inadequate Pres Tank

Lakeview Acres (McHenry Co - 1110120)

Inadequate Hydro Storage

Lakeview Hills Wtr Supply Cp (Whiteside Co - 1955150)

Inadequate Pres Tank

Lakewood Shores Imprv Assn

Adjusted Gross Alpha

Land and Water Assn (LaSalle Co - 0995050)

Inadequate Pres Storage

Larchmont Sbdv (Winnebago Co - 2015290)

Inadequate Pres Tank

Larson Court Rentals (Rock Island Co - 1615728)

Inadequate Pres Tank

Legend Lakes Wtr Assn (Winnebago Co - 2015300)

Inadequate Pres Tank

Liberty Park Homeowners Assn (DuPage Co - 0435600)

Inadequate Pres Tank

Lindenwood Wtr Assn (Ogle Co - 1415300)

Inadequate Pres Tank

Lisbon North Inc (Grundy Co - 0631000)

Inadequate Pres Tank

Little Swan Lake Sndst (Warren Co - 1875050)

Inadequate Pres Tank

Little York (Warren Co - 1870100)

Adjusted Gross Alpha

London Mills (Fulton Co - 0574620)

Inadequate Pres Tank

Lostant (LaSalle Co - 0990450)

Adjusted Gross Alpha

Lynn Cntr (Henry Co - 0735100)

Inadequate Pres Tank

Lynnwood Water Corp (LaSalle Co - 0995336)

Inadequate Pres Tank

M C L W Sys Inc (Mercer Co - 1315150)

Inadequate Source

Maple Leaf Ests Wtr Corp (Monroe Co - 1335100)

Inadequate Pres Tank

Mapleton (Peoria Co - 1430500)

Adjusted Gross Alpha

Mayfair Sbdv (Tazewell Co - 1795750)

Inadequate Pres Tank

Monmouth (Warren Co - 1870150)

Adjusted Gross Alpha

Mound PWD (St Clair Co - 1635050)

Inadequate Plant Capacity

Muddy (Salin Co - 1650250)

Inadequate Hydro Storage

Northwest Belmont Imprv Assn (DuPage Co - 0435900)

Inadequate Pres Tank

Oak Ridge Sndst (Woodford Co - 2035300)

Inadequate Pres Tank

Environmental Register – April 2002

Oakview Avenue Wtrwks Inc (Will Co - 1977210)

Inadequate Pres Tank

Oblong (Crawford Co - 0330150)

Inadequate Source Capacity

Olivet Nazarene College (Kankakee Co - 0915279)

Inadequate Pres Tank

Opheim PWS (Henry Co - 0735150)

Inadequate Pres Tank

Osco Mutual Wtr Supply Cpy Inc (Henry Co-0735200)

Inadequate Pres Tank

Park Road Wtr Assn (Will Co - 1977330)

Inadequate Pres Tank

Park View Wtr Corp (Kane Co - 0895500)

Inadequate Pres Tank

Patoka (Marion Co - 1210400)

Inadequate Plant Capacity

Polo Dr & Saddle Rd Sbdv (DuPage Co - 0437000)

Inadequate Pres Tank

Ports of Sullivan Lake Assn (Lake co - 0971160)

Inadequate Pres Tank

Prairie Ridge Assn (McHenry Co - 1115730)

Inadequate Pres Tank

Princeville (Peoria Co - 1430750)

Adjusted Gross Alpha

Ridgecrest North Sbdv (Grundy Co - 0635250)

Inadequate Pres Tank

Ridgewood Ledges Wtr Assoc(Rock Island Co-1615670)

Inadequate Pres Tank

Ridgewood Sbdv (Will Co - 1977650)

Inadequate Pres Tank

Riverwoods Spcl Dstrct 3 (Lake Co - 0971451)

Inadequate Souce Capacity

Robinson Palestine Wtr Cmsn (Crawford Co - 0335030)

Inadequate Plant Capacity

Sbdv Wtr Trust No 1 (Kane Co - 0895300)

Inadequate Pres Tank

Shawnita Trc Wtr Assn (Will Co - 1977690)

Inadequate Pres Tank

Skyview Estates (Kankakee Co - 0915526)

Inadequate Pres Tank

Sorento (Bond Co - 0050300)

St Charles Cmsn Wlfnd 3 (DuPage Co - 0437040)

Inadequate Pres Tank

Standard (Putnam Co - 1550300)

Adjusted Gross Alpha

Sturm Sbdv (Lake Co - 0977010)

Inadequate Pres Tank

Suburban Heights Sbdv (Rock Island Co - 1615800)

Inadequate Pres Tank

Summit Homeowners Assn (Lake Co - 0975280)

Inadequate Pres Tank

Sunny Hill Ests Sbdv (Henry Co - 0735300)

Inadequate Pres Tank

Environmental Register – April 2002

Sunnyland Sbdv (Will Co - 1977730)

Inadequate Pres Tank

Swedona Wtr Assn (Mercer Co - 1315200)

Inadequate Pres Tank

Sylvan Lake 1st Sbdv (Lake Co - 0977100)

Inadequate Pres Tank

Toulon (Stark Co - 1750150)

Adjusted Gross Alpha

Towners Sbdv (Lake Co - 0977250)

Inadequate Pres Tank

Trimble Wtr Co (Crawford Co - 0335200)

Inadequate Source Capacity

Trivoli PWD (Peoria Co - 1435510)

Inadequate Pres Tank

Turkey Hollow Well Corp (Rock Island Co - 1615686)

Inadequate Pres Tank

Utl Inc Lake Holiday (LaSalle Co - 0995200)

Inad Source & Treat Plt

Utl Inc Northern Hls Utl Co(Stephenson Co-1775050)

Inadequate Pres Tank

Utl Inc Walk-Up Woods Wtr Co(McHenry Co - 1115800)

Inadequate Pres Tank

Wermes Sbdv (Kane Co - 0895750)

Inadequate Pres Tank

West Salem (Edwards Co - 0470200)

Inadequte Treatment Plant

West Shore Park Sbdv (Lake Co - 0977370)

Inadequate Pres Tank

West Shoreland Sbdv (Lake Co - 0977050)

Inadequate Pres Tank

Westlake Utl (Winnebago Co - 2010070)

Inadequate Source Capacity

Whispering Lakes Wtr Sys Inc (Lake Co - 0970220)

Adjusted Gross Alpha

Wienen Estates (Jo Daviess Co - 0850030)

Inadequate Pres Tank

Wilmington (Will Co - 1971100)

2 Trihalomethane

Wonder Lake Wtr Cmpny (McHenry Co - 1115750)

Inadequate Pres Tank

Woodland Hts Ests Sbdv (Peoria Co - 1435760)

Inadequate Pres Tank

Woodsmoke Ranch Assn (LaSalle Co - 0990030)

Inadequate Pres Tank

York Cntr Coop (DuPage Co - 0437550)

Inadequate Pres Tank

2nd Street Wtr Assn (Lake Co - 0971140)

Inadequate Pres Tank

PUBLIC WATER SUPPLIES REMOVED FROM PREVIOUS LIST

Environmental Register – April 2002

IEPA Critical Review Status List

Illinois Environmental Protection Agency

Division of Public Water Supplies

Critical Review List -- Public Water Supplies

The Critical Review List was developed to give additional notification to officials of public water supplies which

may be close to being in violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies, Chapter I or the Illinois

Environmental Protection Act.

A supply will be placed on the Critical Review List when Agency records indicate that it is approaching any of the

violations that would place it on the Restricted Status List.

This list is continually being revised as new information becomes available, and therefore, specific inquiries as to

the status of any public water supply should be directed to the Division of Public Water Supplies for final

determination. This list reflects the status as of April, 2002.

Indicates public water supplies that have been added to the list since the previous publication.

PUBLIC WATER SUPPLY/COUNTY/FACILITY

Arenzville (Cass Co - 0170050)

Inadequate Pres Tank

Beecher (Will Co - 1970050)

Inadequate Storage Capacity

Bluford (Jefferson Co - 0810100)

Low System Pressure

Browning (Schuyler Co - 1690050)

Inadequate Source

Clayton Camp Point Wtr Cmsn (Adams Co - 0015200)

Inad Pumping Capacity

Clinton (DeWitt Co - 0390050)

Inad Plant Capacity

Columbia (Monroe Co - 1330050)

Inad Pumping Capacity

DePue (Bureau Co - 0110300)

Inad Treatment Plant

Elizabeth (Jo Daviess Co - 0850150)

Low System Pressure

Evansville (Randolph Co - 1570250)

Low System Pressure

Galena (Jo Daviess Co - 0850200)

Low System Pressure

Georgetown (Vermilion Co - 1830350)

Inadequate Water Plant

Highland Hills Sndst (DuPage Co - 0435560)

Inadequate Pres Tank

Joy (Mercer Co - 1310100)

Low System Pressure

Kincaid (Christian Co - 0210250)

LaMoille (Bureau Co - 0110500)

Inadequate Plant Capacity

Environmental Register – April 2002

Lee (Lee Co - 1034600)

Inadequate Pres Tank

Marion (Williamson Co - 1990550)

Inadequate Source Capacity

Mathersville (Mercer Co - 1310200)

Low System Pressure

McHenry Shores Wtr Cmpny (McHenry Co - 1115020)

Low System Pressure

Mechanicsburg Buffalo Wtr (Sangamon Co - 1675150)

Inadequate Source

Minonk (Woodford Co - 2030400)

Inadequate Source Capacity

Pheasant Knolls Sbdv (Lake Co - 0970290)

Inadequate Pres Tank

Scales Mound (Jo Daviess Co - 0850400)

Low System Pressure

Seneca (LaSalle Co - 0991050)

Inadequate Plant Capacity

South Highway PWD (Jackson Co - 0775400)

Low System Pressure

Stockton (Jo Daviess Co - 0850450)

Low System Pressure

Sumner (Lawrence Co - 1010300)

Low System Pressure

Tower Ridge Sbdv (Rock Island Co - 1615780)

Inadequate Pres Tank

Utl Inc Lake Marian Wtr Corp (Kane Co - 0895200)

Inad Pres Storage

Walnut Hill (Marion Co - 1210600)

Low System Pressure

Wonder Lake Wtr Cmpny (McHenry Co - 1115750)

Inadequate Storage

PUBLIC WATER SUPPLIES REMOVED FROM PREVIOUS LIST

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Environmental Register Comment Card

The Illinois Pollution Control Board is an independent seven-member board

that adopts environmental control standards, rules on enforcement actions,

and other environmental disputes for the State of Illinois.

The Environmental Register is published monthly by the Board, and

updates on rulemakings, descriptions of final decisions, the Board’s hearing

calendar, and other environmental law information.

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Illinois Pollution Control Board

Environmental Register Coordinator

600 South Second Street, Suite 402

Springfield, Illinois 62704