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olor Communications, Inc. v

PCB and IEPA, (Fourth

District slip op. No. 4-96-

0657) May 28, 1997.

This case involved an appeal

from the Board's decision in PCB

96-125 (July 18, 1996) which

upheld the Illinois Environmental

Protection Agency's (Agency)

denial of separate Clean Air Act

Permit Program (CAAPP) permits

for Color Communications Inc.'s

(CCI) two Chicago plants. The

Illinois Appellate Court, Fourth

District, reversed the Board's

decision and remanded the case for

further proceedings.

CCI manufactures color sys-

tems, samples, color boards, and

color marketing systems for paint,

automotive, and other industries.

Two of CCI's facilities are located

at 4000 West Fillmore and 4242

West Fillmore in Chicago, Illinois.

Each of these plants perform

different operations and use

different raw material and are

classified differently under the

Standard Industrial Classification

Manual (SIC) and in the past, the

Agency had issued separate air

operating permits for each of the

plants. These two CCI facilities are

the subject of the instant appeal.

In September 1995, CCI filed

separate CAAPP

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oard Adopts Exemptions

from State Air Permit

Requirements Adopted,

R96-17

On June 5, 1997, the Board

adopted amendments to the permit

requirements of the air pollution

control regulations. The list of

emission units and activities that

are exempt from the permit

requirements was expanded in this

rule to enhance consistency

between the State permit program

exemptions and the “insignificant

activities” provision of the

federally-mandated Clean Air Act

Permit Program (CAAP).

The Illinois Environmental

Protection Agency filed the

proposal on May 10, 1996.

Hearings on the proposal were held

on July 23, 1996, in Collinsville,

Illinois and on August 16, 1996, in

Chicago, Illinois. The proposed

amendments were published in the

Illinois Register

on

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roposed Final Water Quality

Guidance for the Great Lakes

System Draft Mercury

Permitting Strategy

The United States Environ-

mental Protection Agency

(USEPA) proposes a Mercury

Permitting Strategy for public

review and comment. Comments

on the proposal may be filed with

the USEPA through August 5,

1997. The purpose of the Mercury

Permitting Strategy is to identify

how the Final Water Quality

Guidance for the Great Lakes

System provides for implementa-

tion of mercury water quality

standards through the National

Pollutant Discharge Elimination

System permits for point sources,

focusing on the flexibility states or

tribes have for adjusting point

source controls to account for non-

point sources of mercury. The

proposed

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applications for its two Fillmore plants. In November

1995, the Agency issued a notice of incompleteness

advising CCI that the plants must be considered as one

source for purposes of the CAAPP permit. The Agency

then told CCI that it must resubmit one CAAPP applica-

tion for both sources. CCI appealed the Agency decision

to the Board. The Board upheld the Agency's decision on

a 5-2 vote with Members Dunham and Meyer dissented

and Member Yi concurred.

On appeal, CCI argued that the Board's decision was

in conflict with applicable State and federal law. CCI

contended that the plants did not constitute a single source

because: (1) they did not belong to the same industrial

grouping; (2) they were classified by different SIC codes;

and (3) they were neither located on the same property nor

on contiguous or adjacent properties.

In analyzing section 39.5(2)(a)(i) of the Environ-

mental Protection Act (Act) (415 ILCS 5/39.5(2)(a)(i)

(1994)) the appellate court found that in order for the two

plants to be considered a single source, they must (1) be

under common control by the same entity; (2) be on

contiguous or adjacent property; and (3) belong to a single

major industrial grouping. The court went on to state that

for two sources to belong to a single major industrial

grouping, the sources must have the same two-digit SIC

code.

In its opinion, the Board found that the plant at 4242

Fillmore supports the plant at 4000 Fillmore by providing

raw materials. Thus, the Board held, the plants should be

treated as a single source despite the fact that the facilities

had different SIC codes. The Board's conclusion was

based on its belief that federal law incorporates the

support-facility concept in its definition of major source

and that Illinois law parallels federal law.

The appellate court disagreed with the Board's conclu-

sion that, although the sources had different SIC codes, they

should be treated as a single source. The court pointed out

that the Board relied upon a federal preamble to a regulation

which had never been adopted and the testimony of a

USEPA permitting expert who testified that USEPA employs

the support-facility concept when determining whether two

facilities fall under a single major industrial grouping.

The Fourth District found that the plain language of the

statute required that CCI's stationary sources have the same

two digit SIC code to belong to a single major industrial

grouping. Thus, the court rejected the application of the

concept of a support-facility in deciding whether the two

plants constituted a single source for purposes of the

CAAPP. The court reversed that Board's decision and

remanded it for further proceedings consistent with its

order.

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January 3, 1997, at 21 Ill. Reg. 329 (Part 211) and 21 Ill.

Reg. 342 (Part 201). On April 17, 1997, the Board

proposed the amendments for second notice review by the

Joint Committee on Administrative Rules (JCAR). JCAR

suggested minor changes and voted no-objection to the

amendments on May 13, 1997.

Direct questions to Marie Tipsord at 312-814-4925 or

618-498-5934 (internet address: mtip-

sord@pcb084r1.state.il.us). Request copies of Board

orders from Victoria Agyeman, at 312-814-3620 (Internet

address: vagyeman@pcb084r1.state.il.us). Please refer to

docket R96-17.

?

ite Remediation Program “Brownfields” Adopted,

R97-11

On June 5, 1997, the Board adopted procedures and

standards for the Site Remediation Program (SRP) (35 Ill.

Adm. Code 740). The SRP was timely adopted as

required by Title XVII of the Environmental Protection

Act (415 ILCS 5/58-58.12, as added by P.A. 89-431,

effective December 15, 1995, and amended by P.A. 89-

443, effective July 1, 1996) and has an effective date of

July 1, 1997.

The SRP is a voluntary program in which any person

performing site investigation or remediation may elect to

proceed under the SRP. The rules require the Remedia-

tion Applicant (RA) to submit an application and enter

into a service agreement with the Illinois Environmental

Protection Agency (Agency) before performing a site

investigation. If contamination is discovered, the RA

must propose remedial objectives to the Agency. If

remediation is necessary to achieve compliance with the

objectives, the RA must propose a remedial action plan.

After the plan is approved by the Agency, the RA must

submit a remedial action completion report to show that

the objectives have been achieved. The Agency will issue

a No Further Remediation (NFR) Letter upon approval of

the remedial completion report. The NFR Letter is

considered to be

prima facie

evidence that the site does

not constitute a threat to human health and the environ-

ment.

The SRP is a new program which establishes proce-

dures for the investigative and remedial activities at sites

where there is a release, threatened release, or suspected

release of hazardous substances, pesticides, or petroleum

and for the review and approval of those activities. The

Board also amended 35 Ill. Adm. Code 620, Groundwater

Quality, to provide consistency in cross-referencing

between Part 620 and the Part 740. The regulations

establish a program which is designed to ensure cleanup

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of contaminated property in Illinois based on an analysis

of risks associated with current and future uses of the site.

The SRP provides incentives to clean up abandoned or

under-used property within the State of Illinois.

The Agency filed the proposal with the Board on

September 16, 1996. Hearings were held on November

25-26, 1996, in Chicago, Illinois, and on December 17-18,

1996, in Springfield, Illinois. The first notice proposal

appeared in the

Illinois Register

on February 21, 1997, at

21 Ill. Reg. 2571. The related amendments to the

groundwater quality standards were printed at 21 Ill. Reg.

2562 (February 21, 1997). On April 17, 1997, the Board

proceeded to second notice for review by the Joint

Committee on Administrative Rules (JCAR), which

requested minor changes in the rule. The Board has made

the changes suggested by JCAR. JCAR voted no

objection to the amendments on May 13, 1997.

Direct questions to Amy Hoogasian at 312-814-8917

(internet address: ahoogasi@pcb084r1.state.il.us).

Request copies of Board orders from Victoria Agyeman,

at 312-814-3620 (Internet address: vagye-

man@pcb084r1.state.il.us). Please refer to docket R97-

11.

?

oard Adopts Tiered Approach to Corrective

Action Objectives (T.A.C.O.) Rules (35 Ill. Adm.

Code 742) (R97-12(A))

On June 5, 1997, the Board adopted a new Part 742

to the land pollution control regulations. The regulations

establish a T.A.C.O. The intent of the proposal is to: (1)

establish a risk-based system of remediation based on the

protection of human health and the environment relative

to present and future uses of the land, and (2) assure that

the land use for which remedial action was undertaken

will not be modified without consideration of the ade-

quacy of such remedial action for the new land use. The

T.A.C.O. procedure consists of a three-tiered approach for

establishing remediation objectives. The tiers can operate

fully independent of each other; each successive tier

allows a person conducting a remedial investigation

pursuant to the Environmental Protection Act to rely on

more site-specific information, and requires a concomitant

increase in the level of site-specific investigation and

analysis under Part 742.

The T.A.C.O. methodology is premised upon the

statutory mandates in the site remediation legislation, P.A.

89-431, which was signed and became effective Decem-

ber 15, 1995, as amended by P.A. 89-443, effective July

1, 1996. The proposal was filed by the Illinois Environ-

mental Protection Agency on September 16, 1996. The

first set of hearings on the proposal was held on December

2 and 3, 1996, in Chicago and on December 10, 1996, in

Springfield. The second set of hearings was held on

January 15 and 16, 1997, in Springfield. The first notice

proposal was published in the

Illinois Register

at 20 Ill.

Reg. 15429 (December 6, 1996). On April 17, 1997, the

Board proceeded to second notice review by the Joint

Committee on Administrative Rules (JCAR), which

requested minor changes to the rule. JCAR voted no

objection to the amendments on May 13, 1997. On May

1, 1997, the Board created docket B in this rulemaking for

the purpose of considering the adoption of a “mixture”

rule. (See Issue No. 515, May 1997.)

Direct questions to Amy Muran Felton at 312-814-

7011 (internet address: amuranfe@pcb084r1.state.il.us).

Request copies of Board orders from Victoria Agyeman,

at 312-814-3620 (Internet address: vagye-

man@pcb084r1.state.il.us). Please refer to docket R97-12

(A).

?

oard Adopts More Stringent Volatile Organic

Materials (VOM) Standards for Solvents Used in

Cold Cleaning Degreasing (R97-24)

On June 5, 1997, the Board adopted amendments to

35 Ill. Adm. Code Parts 211, 218, and 219. The amend-

ments include more stringent requirements for solvents

sold and used in cold cleaning degreasing. The Board

amended the volatile organic material (VOM) emissions

control requirements of the air pollution control regula-

tions as part of the Clean Air Act. The amendments

required 9% rate of progress (ROP) in the metropolitan

Chicago and East St. Louis areas. The rules limit the

vapor pressure of solvents sold or used in cold cleaning

degreasing operations to 2.0 millimeters of mercury at

20

?

C (68

?

F) beginning on March 19, 1999, in the

Chicago and Metro-East areas. The vapor pressure would

be limited to 1.0 millimeters of mercury beginning March

15, 2001. The amended regulations also provide for

recordkeeping provisions which require solvent suppliers

and users of solvents to maintain documents which

indicates the vapor pressures at the prescribed tempera-

tures for three years.

The amendments were filed by the Illinois Environ-

mental Protection Agency pursuant to Section 28.5 of the

Environmental Protection Act (415 ILCS 5/28.5 (1996)),

which establishes fast-track procedures and timetables for

Board adoption of rules to implement the Clean Air Act

Amendments of 1990. The Board adopted the proposal

for first notice on January 23, 1997. First notice of the

proposal was published in the

Illinois Register

on

February 18, 1997, at 21 Ill. Reg. 1754 (Part 211), 21 Ill.

Reg. 1768 (Part 218) and 21 Ill. Reg. 1781 (Part 219). A

hearing on the proposal was held in Chicago, Illinois on

arch 4, 1997. On April 17, 1997, the Board proposed the

amendments for second notice review by the Joint

Committee on Administrative Rules (JCAR). JCAR voted

no objection to the amendments on May 13, 1997.

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Direct questions to K.C. Poulos at 312-814-3665

(internet address: kpoulos@pcb084r1.state.il.us).

Request copies of Board orders from Victoria Agyeman,

at 312-814-3620 (Internet address: vagye-

man@pcb084r1.state.il.us). Please refer to docket R97-

24.

?

oard Accepts for Hearing Amendments to Wood

Furniture Coating Regulations, R97-31

On June 19, 1997, the Board accepted for hearing a

proposal by the Illinois Environmental Protection Agency

(Agency) to amend the Board’s Reasonably Available

Control Technology (RACT) rules in response to the

issuance by the United States Environmental Protection

Agency (USEPA) of a Control Technical Guideline

(CTG) for wood furniture coating operations.

Section 182(b)(2) of the Clean Air Act (CAA), as

amended in 1990 (42 U.S.C. Section 7511(a)(b)(2))

requires the implementation of the RACT for each

category of volatile organic material (VOM) sources

covered by a CTG document issued by the administrator

of the USEPA after the enactment of the CAA amend-

ments in 1990. Pursuant to Section 183 of the CAA,

wood furniture coating operations are one of the eleven

stationary source categories of VOM emissions for which

a CTG must be issued by the USEPA. On May 20, 1996,

the USEPA published its final CTG for wood furniture

coating operations.

On June 10, 1997, the IEPA filed an errata sheet, the

principal item of which is a request to delete from the

caption of prior and future documents in this matter

referencing the rulemaking as the “15% ROP Plan.” The

Board granted the IEPA’s request to delete “15% ROP

Plan” from the caption in this rulemaking.

Direct questions regarding this rulemaking to Audrey

Lozuk-Lawless at (312)814-6923; e-mail address:

alozukla@pcb084r1.state.il.us

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oard Adopts for First Notice Conforming

Amendments for the Great Lakes Initiative, R97-

25

On June 19, 1997, the Board adopted for first notice

Conforming Amendments for the Great Lakes Initiative:

35 Ill. Adm. Code 302.101; 302.105; 302.Subpart E;

303.443 and 304.222. The Board proceeded to first

notice as a result of the Illinois Environmental Protection

Agency (IEPA) rulemaking proposal, filed on March 21,

1997. The proposal amends the water quality standards

for the Lake Michigan Basin in conformance with the

federal Great Lakes Initiative. The first hearing in this

matter was held on May 19, 1997, in Chicago. At that

hearing, the IEPA presented testimony to support the

proposed rules. A second hearing is scheduled for July

28, 1997, in Waukegan, Illinois, at which time additional

testimony by the IEPA and testimony from other

interested persons will be heard. Prefiled testimony for

that hearing is due to the Board by July 14, 1997.

The proposed rules affect the Illinois portion of Lake

Michigan and its drainage basin which includes about 18

dischargers to the Lake Michigan Basin (Basin). The

Basin does not include the North Shore Channel, the

Calumet River, or the Chicago River due to diversions

away from Lake Michigan for water supply and naviga-

tion. The proposed rules addresses the water quality

criteria and methodology and antidegredation procedures

which are required by the Great Lakes Initiative.

Direct questions regarding this rulemaking to Marie

Tipsord at (312)814-4925; e-mail address: mtip-

sord@pcb084r1.state.il.us

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oard Accepts for Hearing Amendments to Lab

Accreditation Rules, R97-30

On June 19, 1997, the Board accepted for hearing

amendments to 35 Ill. Adm. Code Part 611 (Cross

Reference to Lab Accreditation Rules at 35 Ill. Adm.

Code 186). On June 2, 1997, the Illinois Environmental

Protection Agency (IEPA) filed a proposal for a rule-

making amending these rules to cross reference the

IEPA’s own laboratory accreditation rules proposed at

Part 186. On June 13, 1997, the first notice publication of

the IEPA’s proposed Part 186 lab accreditation rule was

published in the

Illinois Register

. (21 Ill. Reg. 6948 (June

13, 1997).)

Direct questions regarding this rulemaking to K.C.

Poulos at (312)814-3665; e-mail address: kpou-

los@pcb084r1.state.il.us

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Mercury Permitting Strategy also addresses several permit

implementation issues related to mercury data.

?

ontrol of Air Pollutant from New Motor Vehicles

and New Motor Vehicle Engines: Voluntary

Standards for Light-Duty Vehicles

The United States Environmental Protection Agency

(USEPA) finalized the main regulatory framework for the

National Low Emission Vehicle (NLEV) program. The

regulations would allow auto manufacturers to volunteer

to comply with tailpipe standards for cars and light-duty

trucks that are more stringent than USEPA can mandate.

Once a manufacturer opts into the program, the standards

would be enforced in the same manner as any other

federal motor vehicle pollution control requirement. The

NLEV program will achieve significant reductions in

smog and other air pollution nationwide. With this

regulation, USEPA is providing the regulatory structure

that is a necessary step toward completion of an on-going

process initiated by the Ozone Transport Commission

States and the auto manufacturers to improve public

health through the introduction of cleaner vehicles

nationwide.

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pproval and Promulgation of State Implementa-

tion Plan for Cook County Company

On July 23, 1996, Illinois submitted a site specific

State Implementation Plan (SIP) revision request to revise

Volatile Organic Material (VOM) Reasonably Available

Control Technology (RACT) requirements for Chase

Products Company (Chase) in Broadview, Cook County,

Illinois. On August 8, 1995, Chase and the Illinois

Environmental Protection Agency (IEPA) filed a joint

petition for an adjusted standard with the Board. The

adjusted standard sought relief for the Chase facility’s

aerosol can filling lines from VOM control requirements

found in Part 218, Subpart DD. On May 16, 1996, the

Board adopted a final opinion and order in AS 94-4

granting the adjusted standard subject to certain condi-

tions. The IEPA formally submitted the adjusted standard

to United States Environmental Protection Agency

(USEPA) as a site-specific revision to the Illinois SIP on

July 23, 1996.

Chicago area RACT rules are intended to establish,

for each particular major stationary source in the Chicago

ozone nonattainment area, the lowest VOM emission

limitation it is capable of meeting by the application of

control technology that is reasonably available, consider-

ing technological and economic feasibility. RACT

controls are a major component of the Chicago ozone

nonattainment area’s overall strategy to achieve and

maintain attainment with the ozone standard. A direct

final approval action is being taken because the submittal

meets all pertinent federal requirements. The direct final

rule is effective August 8, 1997, unless the USEPA

receives adverse or critical comments by July 9, 1997.

?

ational Emission Standards for Hazardous Air

Pollutants: Final Standards for Emissions from

Wood Furniture Manufacturing Operations

United States Environmental Protection Agency

(USEPA) proposes amendments to the National Emission

Standards for Hazardous Air Pollutants (NESHAPs);

Final Standards for Emissions from Wood Furniture

Manufacturing Operations promulgated in the

Federal

Register

on December 7, 1995 (60 FR 62930). This

action proposes to revise the definition of wood furniture

component to exclude from this definition, and therefore,

from the requirements of this NESHAPs. Section 9.1 of

the Environmental Protection Act (Act) provides that

NESHAPs are applicable and enforceable under the Act

without further rulemaking action by the Board.

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pdate of Hazardous Waste Test Methods

The United States Environmental Protection Agency

(USEPA) has amended its hazardous waste regulations for

testing and monitoring activities. This amendment adds

new and revised methods as Updated III to the third

edition of the USEPA-approved test methods manual

“Test Methods for Evaluating Solid Waste, Physi-

cal/Chemical Methods,” USEPA publication SW-846 and

deletes several obsolete methods from SW-846 and the

Resource Conservation and Recovery Act (RCRA)

regulations. It also incorporates SW-846, Third Edition,

as amended by Updates I (July 1992), II (September

1994), and IIA (August 1993, as part of the wood surface

protection rule), IIB (January 1995, clarifying the

temperature requirement for pH measurements of highly

alkaline wastes), and III (December 1996). The intent of

this action is to provide state-of-the-art analytical

technologies for RCRA-related testing, thus promoting

cost effectiveness and flexibility in choosing analytical

test methods, as well as clarifying the RCRA program’s

approach to working towards the Performance Based

Measurement System. This action was effective as of

June 13, 1997. The Board will include this matter in its

identical-in-substance rulemaking update.

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doption of Ozone Reduction Protocol for State

Implementation Plans (SIP)

This final rule adds seven methods to Appendix M of

40 CFR Part 51 for capture efficiency (CE) testing to

assist states in adopting enforceable CE measurement

protocols into their SIPs for ozone. The proposed

rulemaking was published in the

Federal Register

on

August 2, 1995 (60 FR 39297). These final methods, in

conjunction with the protocols, will improve the USEPA’s

ability to enforce state regulations to reduce volatile

organic compounds (VOC) emissions in ozone nonattain-

ment areas. These methods became effective June 16,

1997.

?

doption of Standards of Performance for New

Stationary Sources for Nonmetallic Mineral

Processing Plants

This final action revises and clarifies several provi-

sions of the standards of performance for nonmetallic

mineral processing plants, which were proposed in the

Federal Register

on June 27, 1996 (61 FR 33415). These

standards implement Section 111 of the Clean Air Act (42

U.S.C. 7411 (1990)), as amended, and require all new,

modified, and reconstructed nonmetallic mineral process-

ing plants to achieve emission levels that reflect the best

demonstrated system of continuous emissions reduction,

considering cost, nonair quality health, and environmental

and energy impacts. This action presents the final

revisions to the applicability, definitions, test methods,

procedures, reporting, and recordkeeping requirements of

the standards, and the basis for those revisions. The

affected industries and numerical emission limits remain

unchanged. The provisions of Section 111 of the Clean

Air Act (42 U.S.C. 7411 (1990)), as amended, relating to

standards of performance for new stationary sources are

applicable in Illinois and are enforceable under Section

9.1(b) of the Environmental Protection Act. (415 ILCS

5/9.1 (1996).)

?

pproval of State Implementation Plan (SIP)

Amendment for Stepan Company

On May 5, 1995, and May 26, 1995, Illinois submit-

ted a SIP revision request to the United States Environ-

mental Protection Agency (USEPA) for reactor processes

and distillation operation processes in Synthetic Organic

Chemical Manufacturing Industry (SOCMI) as part of

Illinois’ control measures for volatile organic material

(VOM) emissions for the Chicago and Metro-East (East

St. Louis) areas. This rulemaking only addresses

compliance with the Reasonable Available Control

Technology (RACT) for one source, Stepan Company’s

Millsdale facility. VOM is one of the air pollutants which

combine on hot summer days to form ground-level ozone,

commonly known as smog. The control measures

specified in this SOCMI SIP revision are not expected by

Illinois to further reduce VOM emissions in the Chicago

or the East St. Louis area, because Illinois identified only

two sources which meet the applicability criteria, and

Illinois states that the sources are already in compliance

with the State’s SOCMI rules. The direct final approval

shall be effective on August 18, 1997, unless the USEPA

receives adverse or critical comments by July 17, 1997.

?

roposed Consent Decree Lodged in United States

v. M & O Environmental

On June 6, 1997, a proposed consent decree, United

States v. M & O Environmental Company, et al., was

lodged in the United States District Court for the Northern

District of Illinois. This consent decree resolves claims

against two parties, Luse Asbestos Removal Company

(Luse) and Carnow Conibear & Associates, Ltd.

(Carnow), for violations of Sections 112 and 114 of the

Clean Air Act (CAA) (42 U.S.C. Sections 7412 and 7414)

and various work practice standards and notice require-

ments promulgated as part of the National Emissions

Standards for Hazardous Air Pollutants for asbestos

(asbestos NESHAP). The consent decree requires Luse

and Carnow to comply with the asbestos NESHAP and the

CAA of each demolition and/or renovation operation that

is owned, leased, operated, controlled, or supervised by

Luse or Carnow and to pay collectively $70,000 in civil

penalties. The Department of Justice in Washington,

D.C., will receive comments relating to this consent

decree for a period of 30 days, or until July 24, 1997.

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93-124

Tolles Realty Company v. IEPA - The Board

granted petitioner’s motion for summary judgment in this

underground storage tank appeal involving a Madison

County facility.

93-137

Safety-Kleen Corp. v. IEPA - The Board granted

petitioner’s motion for withdrawal of this Resource

Conservation and Recovery Act (RCRA) permit appeal

involving a St. Clair County facility.

93-138

Safety-Kleen Corp. v. IEPA - The Board granted

petitioner’s motion for withdrawal of this RCRA permit

appeal involving a Champaign County facility.

93-186

People of the State of Illinois v. Emco Chemical

Distributors - The Board accepted a stipulation and

settlement agreement in this air enforcement action

involving a Lake County facility, ordered the respondent

to pay a civil penalty of $22,080, and ordered the

respondent to cease and desist from further violations.

Board Member J. Theodore Meyer dissented.

93-228

Safety-Kleen Corp. v. IEPA - The Board granted

petitioner’s motion for withdrawal of this RCRA permit

appeal involving a Cook County facility.

94-97

Safety-Kleen Corp. v. IEPA - The Board granted

petitioner’s motion for withdrawal of this RCRA permit

appeal involving a Champaign County facility.

94-119

Safety-Kleen Corp. v. IEPA - The Board granted

petitioner’s motion for withdrawal of this RCRA permit

appeal involving a St. Clair County facility.

94-166

Safety-Kleen Corp. v. IEPA - The Board granted

petitioner’s motion for withdrawal of this RCRA permit

appeal involving a Cook County facility.

94-172

Safety-Kleen Corp. v. IEPA - The Board granted

petitioner’s motion for withdrawal of this land permit

appeal involving a Tazewell County facility.

94-209

Safety-Kleen Corp. v. IEPA - The Board granted

petitioner’s motion for withdrawal of this RCRA permit

appeal involving a St. Clair County facility.

94-225

Amoco Oil Company v. IEPA - The Board

granted petitioner’s motion for withdrawal of this

underground storage tank appeal involving a DuPage

County facility.

94-323

Safety-Kleen Corp. v. IEPA - The Board granted

petitioner’s motion for withdrawal of this RCRA permit

appeal involving a St. Clair County facility.

94-324

Safety-Kleen Corp. v. IEPA - The Board granted

petitioner’s motion for withdrawal of this RCRA permit

appeal involving a Champaign County facility.

94-330

Safety-Kleen Corp. v. IEPA - The Board granted

petitioner’s motion for withdrawal of this land permit

appeal involving a Tazewell County facility.

94-331

Safety-Kleen Corp. v. IEPA - The Board granted

petitioner’s motion for withdrawal of this land permit

appeal involving a Champaign County facility.

96-3

General Motors Corp. v. IEPA - The Board granted

petitioner’s motion for withdrawal of this air permit

appeal involving a Vermilion County facility.

96-47

Joseph Bogacz v. Commonwealth Edison Company

- The Board dismissed this citizen’s air enforcement

action involving a Cook County facility finding no

violation of Sections 9 or 9.1 of the Environmental

Protection Act (415 ILCS 5/9, 9.1 (1996)). Board

Member K. M. Hennessey abstained.

96-136

People of the State of Illinois v. Steve Kulovsek

d/b/a WSH Management Group and d/b/a Kulovsek

Excavating - The Board accepted a stipulation and

settlement agreement in this air enforcement action

involving a McHenry County facility, ordered the

respondent to pay a civil penalty of $5,000, and ordered

the respondent to cease and desist from further violations.

96-144

People of the State of Illinois v. Coastal Mart, Inc. -

The Board accepted a stipulation and settlement

agreement in this underground storage tank enforcement

action involving a Morgan County facility, ordered the

respondent to pay a civil penalty of $24,000, and ordered

the respondent to cease and desist from further violations.

Board Member J. Theodore Meyer dissented.

97-131

Central Illinois Public Service Company (Coffeen

Power Station) v. IEPA - The Board granted this

Montgomery County facility a variance, subject to

conditions, from the thermal standards applicable to

Coffeen Lake as established on March 19, 1982, in PCB

77-158.

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97-137

City of Joliet v. IEPA - The Board granted

petitioner’s motion for withdrawal of this request for

public water supply variance involving a Will County

facility.

97-159

Central Illinois Public Service Company (Newton

Lake Thermal Power Station) v. IEPA - The Board

granted this Montgomery County facility a variance,

subject to conditions, from the thermal standards

applicable to Newton Lake as established on August 21,

1980, in PCB 78-271.

97-167

Litchfield-Hillsboro Landfill v. IEPA - Having

previously granted a request for a 90-day extension, the

Board dismissed this matter because no permit appeal was

timely filed on behalf of this Montgomery County facility.

97-218

Laclede Steel Company v. IEPA - Upon receipt of

an IEPA recommendation, the Board granted a 30-day

provisional variance from the 90-day limitation on the

accumulation of hazardous wastes at this Madison County

facility.

97-219

City of Fulton v. IEPA - Upon receipt of an IEPA

recommendation, the Board granted this Whiteside

County facility a 45-day provisional variance, subject to

conditions, from certain effluent discharge requirements

of the water pollution control regulations, as set forth 35

Ill. Adm. Code 304.120(c) and 304.141(a) of the Board's

water regulations and imposed by National Pollutant

Discharge Elimination System Permit (NPDES) No.

IL0028860. Board Member K.M. Hennessey abstained.

97-220

Village of Tonica v. IEPA - Upon receipt of an

IEPA recommendation, the Board granted this LaSalle

County facility a 45-day provisional variance, subject to

conditions, from certain effluent discharge requirements

of the water pollution control regulations, as set forth 35

Ill. Adm. Code 304.120(c), 304.141(a), and 304.212 and

imposed by National Pollutant Discharge Elimination

System Permit (NPDES) No. IL0023639. Board Member

K.M. Hennessey abstained.

AC 97-58

County of Will v. Daniel Stokes - The Board

granted complainant’s motion for withdrawal of this

administrative citation involving a Will County facility.

AC 97-59

County of Montgomery v. Envotech Illinois,

Inc. - The Board entered a default order, finding that this

Montgomery County respondent had violated the

Environmental Protection Act (415 ILCS 5/21 (o)(5)

(1996)) and ordering him to pay a civil penalty of $500.

AS 94-5

In the Matter of: Petition of Abbott Laboratories

for an Adjusted Standard from 35 Ill. Adm. Code 7218

Subpart RR - The Board granted petitioner’s motion for

withdrawal of this request for an adjusted standard

involving a Lake County facility.

R96-17

In the Matter of: Exemptions from State Permit

Requirements, Amendments to 35 Ill. Adm. Code 201 and

211 - The Board adopted amendments to its existing air

pollution control rules. -

See Rulemaking Update

R97-11

In the Matter of: Site Redemption Program and

Groundwater Quality (35 Ill. Adm. Code 740 and 35 Ill.

Adm. Code 620 - The Board added a new part, Part 740,

to its land rules and adopted amendments to its existing

groundwater pollution control rules. -

See Rulemaking

Update

R97-12(A)

Tiered Approach to Corrective Action

(T.A.C.O.) 35 Ill. Adm. Code 742 - The Board added a

new part, Part 742, to its existing land rules. -

See

Rulemaking Update

R97-24

In the Matter of: 9% ROP Plan Control Measures

from VOM Emissions-Tightening Cold Cleaning

Requirements: Amendments to 35 Ill. Adm. Code Parts

211, 218 and 219, Subpart E - The Board adopted

amendments to its existing air pollution control rules. -

See Rulemaking Update

???????????????????????

91-28

Acme Steel Company v. IEPA (Consolidated with

PCB 92-2) - The Board granted petitioner’s motion for

withdrawal of this NPDES permit appeal involving a

Cook County facility. Board Member K.M. Hennessey

abstained.

92-2

Acme Steel Company v. IEPA (Consolidated with

PCB 91-28) - The Board granted petitioner’s motion for

withdrawal of this NPDES permit appeal involving a

Cook County facility. Board Member K.M. Hennessey

abstained.

95-122

Olive Streit and Lisa Streit v. Oberweis Dairy,

Inc., Richard J.Fetzer, and Johnnie W. Ward d/b/a Serve-

N-Save, and Richard J. Fetzer, individually - The Board

granted complainants’ motion for withdrawal of this

citizens’ underground storage tank enforcement action

involving a Kane County facility.

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?

96-220

People of the State of Illinois v. Allied Signal, Inc.

- The Board accepted a stipulation and settlement

agreement in this RCRA and water enforcement action

involving a Sangamon County facility, ordered the

respondent to pay a civil penalty of $35,000, and ordered

the respondent to cease and desist from further violations.

Board Member K.M. Hennessey abstained.

97-38

People of the State of Illinois v. Amsted Industries,

Inc., a Delaware corporation d/b/a Griffin Wheel

Company, L.E. Swiderski d/b/a Griffin Wheel Company;

Horsehead Resource Development Company, Inc., a

Delaware corporation, and Hellman Trucking Company,

Inc., an Iowa corporation - The Board accepted a

stipulation and settlement agreement from Hellman

Trucking Company, Inc. in this RCRA enforcement action

involving a Cook County facility, ordered the respondent

to pay a civil penalty of $5,000, and ordered the

respondent to cease and desist from further violations.

This action remains open to the remaining respondents.

97-93

People of the State of Illinois v. Ashland Inc. - The

Board accepted a stipulation and settlement agreement in

this air enforcement action involving facilities located in

Cook, Lake, and DuPage Counties, ordered the

respondent to pay a civil penalty of $25,000, and ordered

the respondent to cease and desist from further violations.

97-95

People of the State of Illinois v. City of Sterling -

The Board accepted a stipulation and settlement

agreement in this air and land enforcement action

involving a Whiteside County facility, ordered the

respondent to pay a civil penalty of $3,000, and ordered

the respondent to cease and desist from further violations.

97-139

Residents Against a Polluted Environment and

The Edmund Thorton Foundation v. County of LaSalle

and LandComp Corporation - The Board affirmed the

County’s decision granting siting approval to LandComp

Corporation. Board Member J. Theodore Meyer

concurred.

97-154

Monsanto Company v. IEPA - The Board granted

petitioner’s motion for withdrawal of this RCRA permit

appeal involving a St. Clair County facility.

97-158

Donald and Venus Bryant v. Doug Heil and The

Harrisburg Truss Co. - The Board granted complainants’

motion for withdrawal of this citizens’ noise enforcement

action involving a Saline County facility.

AC 97-24

County of LaSalle v. Charlie Raikes d/b/a

Kickapoo Iron & Metals - The Board entered an order

requiring the respondent to pay $155.40 in hearing costs.

This order supplements the Board’s interim order of April

17, 1997, which found that this LaSalle County

respondent had violated the Environmental Protection Act

(415 ILCS 5/21(p)(3) (1996)) and ordered the respondent

to pay a civil penalty of $500.

AC 97-61

IEPA v. William Decker - The Board entered a

default order, finding that this Livingston County

respondent had violated the Environmental Protection Act

(415 ILCS 5/21(p)(1), (p)(3), and (p)(4) (1996)) and

ordered him to pay a civil penalty of $1,500.

AC 97-62

County of Will v. Crown-Trygg Corporation -

The Board entered a default order, finding that this Will

County respondent had violated the Environmental

Protection Act (415 ILCS 5/21(p)(1) (p)(3) (1996)) and

ordered it to pay a civil penalty of $1,000.

AC 97-65

IEPA v. Peter Gomez and Teri Wakeland - The

Board granted complainant’s motion for withdrawal of

this administrative citation involving a Mercer County

facility.

AS 97-4

In the Matter of: Petition of Ensign-Bickford

Company for an Adjusted Standard from 35 Ill. Adm.

Code 703.183 - The Board denied petitioner’s request for

an adjusted standard from 35 Ill. Adm. Code 702.183 for

this Union County facility. Board Member J. Theodore

Meyer dissented.

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??

????????????????

97-169

Maywood/Phillips 66 v. IEPA - The Board

accepted for hearing this underground storage tank appeal

on behalf of a Cook County facility.

97-180

Atkinson Landfill Company v. IEPA - The Board

accepted for hearing this appeal of a land permit on behalf

of a Henry County facility. Board Member J. Theodore

Meyer abstained.

97-204

Swearingin Services, Inc. v. IEPA - The Board

accepted for hearing this underground storage tank appeal

on behalf of a Jersey County facility.

97-205

Illinois Landfill, Inc. v. IEPA - The Board held

this petition for land variance involving a Vermilion

County facility for IEPA recommendation.

97-206

Sky-View Wholesale Nursery Sales Company v.

IEPA - The Board accepted this request for a 90-day

extension of time to file a underground storage tank

appeal on behalf of a Cook County facility.

97-207

People of the State of Illinois v. Inspiration

Development Company - The Board received for hearing

this air and land enforcement action against a Jo Daviess

County facility.

97-209

Land and Lakes Company v. IEPA - The Board

held this land variance involving a Cook County facility

for IEPA recommendation.

97-210

ESG Watts, Inc. v. IEPA - The Board accepted for

hearing this appeal of a land permit on behalf of a Rock

Island County facility.

97-211

Gord Leonard Union 76, Inc. v. IEPA - The Board

accepted for hearing this underground storage tank appeal

on behalf of a Lake County facility.

97-212

People of the State of Illinois v. City of Kewanee -

The Board ordered the statutorily required publication of

a proposed stipulation and settlement agreement and an

agreed motion to request relief from the hearing

requirement in this air enforcement action against a Henry

County facility.

97-213

Ryder Truck Rentals, Inc. v. IEPA - The Board

accepted for hearing this underground storage tank appeal

on behalf of a Cook County facility.

97-214

People of the State of Illinois v. Village of

Carpentersville - The Board received for hearing this

water enforcement action against a Kane County facility.

97-215

People of the State of Illinois v. Keyser Industries,

Inc., aka Florida Plastics, Inc. - The Board received for

hearing this air enforcement action against a Cook County

facility.

97-216

The Knapheide Manufacturing Company v. IEPA -

The Board held this petition for air variance involving an

Adams County facility for IEPA recommendation.

97-217

People of the State of Illinois v. Bigelow Group,

Inc. - The Board received for hearing this water

enforcement action against a Lake County facility.

97-218

Laclede Steel Company v. IEPA -

See Final

Actions

97-219

City of Fulton v. IEPA -

See Final Actions

97-220

Village of Tonica v. IEPA -

See Final Actions

AC 97-66

IEPA v. RCS, Inc. and Rickie L. Laird - The

Board received an administrative citation against these

Jersey County respondents.

R97-30

Amendments to 35 Ill. Adm. Code Part 611

(Cross Reference to Lab Accreditation Rules at 35 Ill.

Adm. Code 186)

 

- The Board accepted for hearing the

IEPA proposal to amend the Board’s public water supply

regulations. -

See Rulemaking Update

R97-31

15% ROP Plan: Wood Furniture Coating

Amendments to 35 Ill. Adm. Code Parts 211, 218 and

219, Subpart F

 

- The Board accepted for hearing the IEPA

proposal to amend the Board’s air pollution control

regulations. -

See Rulemaking Update

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??

?????????????????

97-182

Ingleside Citgo Service v. IEPA - The Board

accepted for hearing this underground storage tank appeal

on behalf of a Lake County facility.

97-205

Illinois Landfill, Inc. v. IEPA - The Board

accepted this matter for hearing after receiving an

objection on June 6, 1997, to granting a land variance for

this Vermilion County facility.

97-221

Debra Conway v. Edward and Winona Johnson,

Sr. - The Board held this citizen's air enforcement action

against a Cook County facility for a frivolous and

duplicitous determination.

97-222

Amoco Chemical Company (Joliet Chemical

Plant) v. IEPA - The Board accepted for hearing this

appeal of an NPDES permit on behalf of a Will County

facility.

97-223

People of the State of Illinois v. Rose

Construction Company and Lindahl Brothers, Inc. - The

Board received for hearing this air enforcement action

against a Cook County facility.

97-224

Emro Marketing Company v. IEPA - The Board

accepted this request for a 90-day extension of time to file

an underground storage tank appeal on behalf of a Cook

County facility.

97-225

People of the State of Illinois v. Heartland Pork

Enterprises, Inc. - The Board received for hearing this air

enforcement action against this Edgar County facility.

97-226

Riverview FS v. IEPA - The Board held this

petition for review of an underground storage tank

determination involving a Winnebago County facility for

further review.

97-227

Dwight Correctional Center v. IEPA - The Board

accepted this request for a 90-day extension of time to

file an underground storage tank appeal on behalf of a

Livingston County facility.

97-228

Waste Professionals, Inc. d/b/a Pekin Landfill v.

IEPA - The Board held for the IEPA recommendation this

petition for land variance involving a Tazewell County

facility.

AC 97-67

County of LaSalle v. Mike and Janet Brown -

The Board received an administrative citation against

these LaSalle County respondents.

AC 97-68

County of Vermilion v. Randall Richter - The

Board received an administrative citation against this

Vermilion County respondent.

AC 97-69

County of Will v. Timothy A. Nichols - The

Board received an administrative citation against this Will

County respondent.

AC 97-70

IEPA v. Sharon Tondina - The Board received

an administrative citation against this Iroquois County

respondent.

AS 97-10

In the Matter of: Petition of Waste Profession-

als, Inc. d/b/a Pekin Landfill for an Adjusted Standard

from 35 Ill. Adm. Code Part 814, Subpart D - The Board

acknowledged receipt of this petition for an adjusted

standard from certain requirements on behalf of a

Tazewell County facility and held it pending receipt of

publication.

AS 97-11

In the Matter of: Petition of the Greater

Rockford Airport Authority for an Adjusted Standard

from 35 Ill. Adm. Code Part 814 Subpart D - The Board

acknowledged receipt of this petition for an adjusted

standard from certain requirements on behalf of a

Winnebago County facility and held it pending receipt of

publication.

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??

CALENDAR OF HEARINGS

JULY 1997

Monday

Tuesday

Wednesday

Thursday

Friday

1) 2)

R97-28, Petition of

Mobile Oil for relief

from Ammonia

Nitrogen Effluent

Standards,

11am, 375 West

Briar Cliff, Boling-

brook, IL

3) 4)

7) 8) 9) 10) 11)

14) 15) 16) 17)

PCB 97-143, Jeffrey

Webb V. City of

Anna, 10:00am,

Anna City Hall,

Conference Room,

123 Davie Street,

Anna, IL

18)

21) 22) 23)

24)

PCB 97-210, ESG

Watts v. IEPA,

9:30am, County

Building, County

Board Room, 1504

Third Ave., Rock

Island, IL

25)

PCB 97-205, Illinois

Landfill v. IEPA,

9:30am, Vermillion

County Courthouse,

Annex County

Board Room, 6

North Vermillion,

Danville, IL

28)

R97-25, Conforming

Amendments for

Great Lakes

Initiative, 10:00am,

Waukegan Port

District, Conference

Room, 555 South

Harbor Place,

Waukegan, IL

29) 30)

An IEPA public

hearing on the

Bureau of Water

Program Plans for

Fiscal Year 1998,

1001 North Grand

Avenue East in

Springfield, Illinois.

Address questions to

John Williams,

IEPA Hearing

Officer, 217-782-

5544.

31)

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LEGISLATIVE HIGHLIGHTS

MAJOR ENVIRONMENTAL BILLS PASSED IN 1997

The following is a summary of some of the bills that recently passed both houses of the Illinois General Assembly that could

either impact the Board or the State's environmental laws in general. These bills are all currently awaiting final action by the

Governor. To check the status of these bills visit the Board’s web site at

http://www.ipcb.state.il.us/leupdate.htm

SB 54 (Mahar/Hassert)

prohibits local governments

from siting new or expanded landfills or waste disposal

areas anywhere within the 100-year floodplain. (Current

law prohibits landfills, incinerators, and waste transfer

stations from being sited within the 100-year floodplain

unless they are floodproofed; this bill removes the

floodproof option.) It exempts from this prohibition the

expansion of any existing landfill within the 100-year

floodplain provided the proposed expansion has already

received local siting approval. The bill also allows

expansion of existing landfills within the 100-year

floodplain on property currently owned by a landfill

company which has not yet received local siting, but

extends the financial assurance requirement from 30 years

after closure of the landfill to 100 years after closure for

such landfills.

SB 140 (Radogno/E. Lyons)

requires any community

proposing to build or expand a pollution control facility

(landfill, incinerator, or waste transfer station) to notify all

contiguous municipalities, and the county board of the

county in which the community is located, of the local

siting hearing at least 14 days prior to the local hearing.

Effective January 1, 1998, the bill specifically allows the

contiguous communities and county board to participate

in the local siting hearing.

SB 348 (Mahar/Novak)

extends by one year (from the

current December 31, 1997 until January 1, 1999) the

deadline by which the Board must adopt final rules to

implement proportionate share liability for environmental

contamination and remediation costs.

SB 475 (Radogno/Scully)

requires that any host agree-

ments negotiated or entered into between counties and/or

municipalities, with a developer of a pollution control

facility (landfill, incinerator, or waste transfer station) be

made public prior to the county or municipality voting on

whether to site the proposed facility. In the case of an oral

agreement, this bill requires that a summary of the

agreement be prepared and made available to the public.

SB 778 (Karpiel/Hassert)

requires the Board to request

the Department of Commerce and Community Affairs

(DCCA) to conduct an economic impact study (EcIS) on

any proposed Board rules prior to the adoption of the

rules. The bill also authorizes (but does not require)

DCCA to conduct the EcIS within 30 to 45 days of the

Board’s request. The bill requires public notice of any

EcIS conducted for the Board. It requires the Board to

consider the EcIS during its hearing process on the

proposed rule. The bill further exempts rules relating to

the Board’s or the Illinois Environmental Protection

Agency’s (IEPA) administrative procedures. It specifies

that, at a minimum, the EcIS must address the economic,

environmental, and public health benefits that may be

achieved through compliance with the proposed rule, and

the effects of the proposed rule on employment levels,

commercial productivity, the cost of living, the economic

growth of small businesses with 100 or less employees,

and the State’s overall economy.

SB 814 (Mahar/Scully)

authorizes third party appeals, by

petition for hearing before the Board, of National

Pollutant Discharge Elimination System (NPDES) permit

decisions by the IEPA. It authorizes the Board to dismiss

such appeals where the Board determines that: (1) the

appeal is duplicitous or frivolous, or (2) the petitioner is

so located as to not be affected by the permitted facility.

SB 819 (Mahar/Novak)

clarifies that Title IV of the

federal Clean Air Act concerning sources of acid rain

deposition are enforceable under the state Environmental

Protection Act (EPAct). It allows parties required to

obtain a Clean Air Act Permit Program (CAAPP) permit,

30 days from the time they receive the permit to pay the

IEPA the initial annual permit fee (as opposed to paying

the fee prior to receiving the CAAPP permit, as is now the

law). The bill provides that entities not subject to the

CAAPP program and not required to obtain a federally

enforceable state operating permit (FESOP) shall not be

required to renew an operating permit except upon the

written request of the IEPA. This bill also delays from

FY96 to FY99 the time by which Clean Air Act Permit

Program (CAAPP) permit holders must be reimbursed by

the IEPA in proportion to their original fee payments to

the IEPA to the extent that the total fee revenues collected

and deposited into the CAAPP Fund exceed 115% of the

actual expenditures from the Fund.

SB 939 (Watson/Stephens)

amends the Illinois Income

Tax Act, the EPAct, the State Finance Act, and the

Response Action Contractor Indemnification Act. It

establishes an environmental remediation state income tax

credit available for certain costs incurred by a person

between January 1, 1998, and January 1, 2002, in

performing remediation activities in accordance with the

Site Remediation Program (Brownfields) under Title

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??

XVII of the EPAct. The bill provides for a 5-year carry-

over of the tax credit. It amends the EPAct to set forth the

IEPA’s procedures for determining whether the remedia-

tion sites may be used toward the environmental remedia-

tion tax credit. These parameters include: the party

seeking the tax credit could not have caused or materially

contributed to the contamination; the party must have

completed the remediation and received his No Further

Remediation Letter (“clean letter”); and the party must

have spent at least $100,000 on remediation costs to

qualify for the tax credit up to a maximum of 25% up to

$700,000 (meaning the tax credit for any one site is

limited to a maximum of $150,000).

The bill further requires the IEPA to propose rules to

the Board within six months after the immediate effective

date of this bill setting forth what specific remediation

costs are eligible for reimbursement through the tax credit.

It requires the Board to adopt on second notice rules

within six months of receiving the proposed rules from the

IEPA (meaning the final rules would be adopted no longer

than 45 days after the Board’s six-month second notice

deadline to allow for the Joint Committee on Administra-

tive Rules review period). It also provides that all

Brownfields remediation reimbursement determinations

made by the IEPA are appealable to the Board.

The bill also creates the Brownfields Redevelopment

Grant Program within the EPAct to be administered by the

IEPA to provide municipalities with funding for Brown-

fields redevelopment efforts. Parameters are set in the bill

for awarding grants under the Grant Program (such as a

lower minimum cost threshold for municipalities located

in enterprise zones). The bill allows for grants to

municipalities of up to 70% of the remediation costs,

subject to the availability of funds. This legislation also

creates the Brownfields Redevelopment (grant) Fund, to

be made up of funds transferred out of the Response

Action Contractor Indemnification Fund.

SB 1103 (Severns/Novak)

requires the Board to adopt

rules to ban the burning of landscape waste (leaves, grass,

branches, etc.) in the 10 incorporated municipalities of the

State with a population of 75,000 or more (Arlington

Heights, Aurora, Chicago, Decatur, Elgin, Joliet, Naper-

ville, Peoria, Rockford, and Springfield, all of which

currently ban leaf-burning except Decatur). It allows the

burning of landscape waste for agricultural, habitat

management, and firefighting training purposes. The bill

exempts those local governments that can demonstrate to

the Pollution Control Board that prohibiting the burning

of landscape waste will cause severe economic hardship.

It further allows (but does not require) the Board to

restrict or prohibit the burning of landscape waste in any

other portions of the State where the Board determines it

to be harmful to human, animal, or plant life or health.

The bill preempts home rule to prohibit a local govern-

ment from regulating the burning of landscape waste in a

manner less restrictive than the State. This legislation

provides that a first violation is punishable by a fine of

$50, a second violation $100, and a third or subsequent

violation $500. It allows alleged violations to be brought

either before the Board or in circuit court.

HB 767 (Novak/Rauschenberger)

exempts from the

local siting process any subsequent owner of a new

pollution control facility, provided the location has

already been granted local siting prior to the transfer of

ownership to the subsequent owner. In such a situation,

this bill requires the IEPA to conduct an evaluation of the

subsequent owner’s prior experience in waste manage-

ment operations. The bill requires the subsequent

owner/developer to give public notice at the time he

applies to the IEPA for a construction or development

permit. It requires the subsequent owner to honor all

previous terms and conditions entered into between the

previous owner and the local government as part of any

host agreement, but allows the developer and the local

government to modify such agreements.

HB 1230 (Phelps/Luechtefeld)

amends the Interstate

Ozone Transport Oversight Act to provide for the review

by the Illinois General Assembly of the IEPA’s State

Implementation Plan (SIP) for ozone attainment. This bill

requires legislative hearings on the SIP’s prospective

economic and environmental impacts. It prohibits the

IEPA from submitting a SIP for ozone attainment to the

United States Environmental Protection Agency (USEPA)

that is any more stringent than necessary to achieve

attainment with the national ozone standard, except under

certain circumstances.

HB 1386 (Hassert/Rauschenberger)

extends by five

years (from December 31, 1997 until December 31, 2002)

the time period during which the IEPA may propose Clean

Air Act rules to the Board for adoption under the current

“fast-track” Clean Air Act rulemaking process. The bill

provides that all fast-track rules be adopted under the fast-

track rulemaking process unless another provision of the

EPAct specifies the method for adopting a specific rule.

HB 1411 (Persico/Rauschenberger)

authorizes the

owner or operator of any landfill to accept source

separated and processed (composted) landscape waste for

final disposal, provided the owner or operator has

received a permit from the IEPA to use the landscape

waste as alternative daily cover at the landfill.

HB 1887 (Persico/Karpiel)

amends the EPAct to expand

the definition of a “recycling center” to include certain

sites and facilities accepting only general construction or

demolition debris for the removal of recyclable materials.

The bill exempts recycling centers used solely for general

construction or demolition debris from certain IEPA

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??

permit requirements. The bill further specifies the duties

of owners or operators of such recycling centers. This

legislation exempts recycling centers that accept only

general construction or demolition debris and which are

located in Cook and DuPage Counties from local siting

but requires the facilities to comply with all local zoning

or (in the absence of local zoning requirements) to be

located no closer than 1,320 feet from the nearest property

zoned for primarily residential use. It also sets additional

requirements for the operation and handling of debris at

such facilities.

The bill also expands the purposes for which local

governments (either counties or municipalities) may

utilize their local solid waste “tipping fee” revenues to

include any environment-related purpose, including but

not limited to environment-related public works projects.

The bill prohibits such revenues from being used for the

construction of any new pollution control facility (landfill,

incinerator, or waste transfer station) other than a

household hazardous waste facility.

This legislation amends the Vehicle Emissions In-

spection (VEI) Law of the Illinois Vehicle Code. It

relaxes requirements of the VEI Law to provide that new

vehicles registered in those ozone nonattainment areas of

the State (the Chicago metropolitan/collar county and Bi-

State Metro East areas) must be inspected four years from

the model year of the vehicle. (New cars must currently

be tested in two years, as opposed to four.) The bill

makes the evaporative system purge test (a test the IEPA

conducts to inspect if pollutants are being emitted from

loose hoses in the engine) discretionary; the test is

currently mandatory. The legislation allows the IEPA to

extend by one year a VEI certification for those vehicles

which fail the inspection but for which costly or extensive

repairs are needed to correct the problem.

HB 2164 (Novak/Mahar)

reclassifies hazardous

fluorescent and high intensity discharge lamps (currently

classified as hazardous waste) as a category of universal

waste. Within two months of this bill taking effect, it

requires the IEPA to propose to the Board rules to reflect

this reclassification. The bill requires the Board to adopt

final rules within six months of receiving the proposed

rules from the IEPA. Should the USEPA adopt stream-

lined hazardous waste regulations for fluorescent or high

intensity discharge lamps or otherwise exempt such lamps

from the current hazardous waste regulations, the

Pollution Control Board is required to adopt equivalent

rules within six months of the USEPA’s action as an

alternative to adopting rules proposed to the Board by the

IEPA.

The bill redefines “special waste,” providing that

certain industrial process waste and pollution control

waste shall be managed as special waste unless the

generator provides a specified certification. It also sets

forth penalties for falsely certifying that such waste is not

special waste.

The bill also creates the Drycleaner Environmental

Response Trust Fund Act (Act) to support remediation of

drycleaning solvent releases at drycleaning facilities

through a reimbursement program for remediation of

existing releases and an insurance program for prospective

releases. Also created in this bill is the Drycleaner

Environmental Response Trust Fund Council to adminis-

ter the Act. The bill sets forth a continuing appropriation

of monies in the fund to the council to make disburse-

ments required under the Act. The bill authorizes the

imposition of civil and criminal penalties for violations. It

establishes a quantity-based drycleaning solvent fee to be

imposed on any person selling and transferring dryclean-

ing solvent to a person operating a drycleaning facility for

use at the facility. The bill imposes a one-time dryclean-

ing solvent floor stock fee to be assessed on January 1,

1998. It requires owners or operators of drycleaning

facilities to obtain a license under the Act in order to be

eligible for reimbursement and insurance benefits under

the Act. The bill repeals the license, sale, and transfer fee

provisions on July 1, 2007. It provides for a transfer of

$375,000 in State General Revenue Funds (GRF) to the

Drycleaner Environmental Response Trust Fund, which,

after six months, shall be transferred back into GRF. The

bill amends the State Finance Act to create the Drycleaner

Environmental Response Trust Fund as a new fund within

the State treasury. It amends the Insurance Code to

exempt the Drycleaner Environmental Response Trust

Fund from the provisions of the Code.

This legislation also creates the offense of criminal

disposal of waste, punishable as a Class 4 felony and a

fine of up to $25,000 for the first offense, and a Class 3

felony and fine of up to $50,000 for a second or subse-

quent offense. The bill also makes it unlawful for any

person to knowingly violate provisions of the Procedures

for Asbestos Emission Control of the Code of Federal

Regulations.

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ADJUSTED STANDARDS AND COMBINED

SEWER OVERFLOW DETERMINATION LISTS

Pursuant to Section 28.1(d)(3) of the Environmental Protection Act, the Board is publishing in this issue of the

Environ-

mental Register

a list of all final determinations on adjusted standards made within the fiscal year 1997 (July 1, 1996 through

June 30, 1997). While this list usually includes any final determinations on combined sewer overflow exceptions during the

fiscal year, no such determinations were made in fiscal year 1997. To receive a copy of any of these determinations, please

write to the Clerk of the Board and specify the docket number of the case. A copy of the adjusted standards will also appear

in the

Illinois Register

, as also required by Section 28.1(d)(3).

Docket/Docket Title

Final Determination

AS 94-10

: In the Matter of: Petition of Envirite

Corporation for an Adjusted Standard from 35 Ill.

Adm. Code Part 721, Subpart D: List of Hazardous

Substances, Appendix I

On November 7, 1996, the Board amended its order of

February 15, 1996, in which the Board granted an adjusted

standard from certain Resource Conservation and Recovery Act

(RCRA) Subtitle C hazardous waste listings, in order to

accommodate a change in facility ownership.

AS 95-6

: In the Matter of: Petition of National

Metalwares, Inc. for an Adjusted Standard from 35

Ill. Adm. Code Part 218.204(g)

On September 5, 1996, the Board granted voluntary withdrawal

of this petition filed on behalf of a Kane County facility for an

adjusted standard from certain volatile organic emission

requirements of the air pollution control regulations applicable

to metal furniture coating operations in the Chicago metropoli-

tan area.

AS 96-7

: In the Matter of: Petition of the City of

Belleville, Illinois for an Adjusted Standard from 35

Ill. Adm. Code Part 306.305(b)

On September 5, 1996, the Board dismissed the petition filed

on behalf of a St. Clair County facility for an adjusted standard

from certain primary treatment requirements of the water

pollution control regulations applicable to wet weather flows

due to the petitioner’s failure to file an amended petition as

instructed by an earlier Board order.

AS 96-9

: In the Matter of: Petition of Common-

wealth Edison Company for an Adjusted Standard

from 35 Ill. Adm. Code Parts 811, 814

On August 15, 1996, the Board granted this Will County

facility an adjusted standard, with conditions, from certain

leachate collection, monitoring well location, groundwater

monitoring, final cover, zone of attenuation, and other require-

ments of the solid waste disposal (non-hazardous solid waste

landfill) regulations.

AS 96-10

: In the Matter of: Petition of Common-

wealth Edison Company for an Adjusted Standard

from 35 Ill. Adm. Code Parts 811, 814

On October 3, 1996, the Board granted this Will and Cook

County facility an adjusted standard, subject to conditions,

from certain effluent temperature requirements of the water

pollution regulations.

AS 96-11

: In the Matter of: Petition of Chemetco,

Inc. for an Adjusted Standard from 35 Ill. Adm.

Code Parts 720.131(a), (c)

On August 1, 1996, the Board found that petitioner had not

timely filed a certificate of publication and dismissed this

petition filed on behalf of a Madison County facility for a solid

waste determination (adjusted standard) pursuant to the RCRA

Subtitle C hazardous waste regulations.

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AS 96-12

: In the Matter of: Petition of Illinois

Department of Transportation, District 8, for an

Adjusted Standard from 35 Ill. Adm. Code Parts

302.208, 304.124, and 302.203.

On October 3, 1996, the Board granted this St. Clair County

facility an adjusted standard, subject to conditions, from certain

iron, total suspended solids, and effluent color discharge

requirement standards of the water pollution control regula-

tions, as they would relate to the natural oxidation and

biotransformation of iron in the water discharged.

AS 97-1

: In the Matter of: Petition of American

River Transportation Company for an Adjusted

Standard from 35 Ill. Adm. Code 809.201, 809.301,

809.302, and 809.501.

On February 6, 1997, the Board granted this LaSalle County

facility an adjusted standard, subject to conditions, from the

Board’s regulations requiring that special waste haulers obtain

a permit and that special waste be manifested prior to trans-

portation and disposal.

AS 97-3

: In the Matter of Shell Wood River

Refining Company for an Adjusted Standard from

35 Ill. Adm. Code 725.213 and 725.321.

On May 15, 1997, the Board granted this Madison County

facility an adjusted standard from the Board’s regulations

regarding closure of certain waste treatment ponds at its Wood

River facility to allow use of the ponds to treat nonhazardous

waste in compliance with its National Pollution Discharge

Elimination System permit.

AS 97-4

: In the Matter of: Petition of Ensign-

Bickford Company for an Adjusted Standard from

35 Ill. Adm. Code 703.183

On June 19, 1997, the Board denied this Union County facility

an adjusted standard from a regulation requiring it to submit to

the IEPA topographic maps containing specific information as

part of a RCRA permit application.

AS 97-7

: In the Matter of: Petition of Southern

Illinois Regional Landfill, Inc. (SIRL) for an

Adjusted Standard from 35 Ill. Adm. Code 811.309

On April 17, 1997, the Board dismissed this matter for failure

to timely file a certificate of publication.

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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 IEPA 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 July 1, 1997.

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

RDS:sp/0046g/2

NAME OF PUBLIC WATER

SUPPLY/COUNTY/FACILITY#

EPA

RGN

NATURE OF

PROBLEM

POP.

SERVED

LISTING

DATE

Acorn Acres Sbdv (Lake Co - 0975020) 2 Inadequate Pres Tank 250 12/16/83

Alden Long Grove Nursing Center (Lake Co - 0971090) 2 Inadequate Pres Tank 204 06/15/93

Ashley (Washington Co - 1890100) 6 Trihalomethane 825 06/15/92

Bahl Wtr Corp (Jo Daviess Co - 0855200) 1 Inadequate Pres

Storage

700 12/15/93

Bardolph (McDonough Co - 1090050) 5 Trihalomethane 299 03/15/95

Bartmann Health Care Center (Logan Co-1075169) 5 Inadequate Pres Tank 93 12/16/83

Belmont-Highwood PWD (DuPage Co - 0435180) 2 Trichloroethylene 498 09/16/93

Benld (Macoupin Co - 1170050) 5 Atrazine &

Trihalomethane

1,634 09/16/96

Blue & Gold Hmownrs Assn (Winnebago Co - 2015250) 1 Inad Pres Tank &

Source of Supply

170 06/17/83

Blue Mound (Macon Co - 1150100) 4 Nitrate 1,165 03/15/97

Bonnie Lane Water Supply (Kendall Co - 0930010) 2 Inadequate Pres Tank 49 09/16/93

Bradley Hts Sbdv (Winnebago Co - 2015050) 1 Inadequate Pres Tank 192 09/13/85

Breezeway Sbdv (Tazewell Co - 1795150) 5 Inadequate Pres Tank 175 09/17/82

Briar Garden Apts (Winnebago Co - 2015190) 1 Inadequate Pres Tank 60 12/17/82

Brookview Sbdv (Peoria Co - 1435100) 5 Nitrate 300 09/16/93

Buck Lake Ests Sbdv (DeKalb Co - 0375100) 1 Inadequate Pres Tank 200 09/14/84

Buckingham (Kankakee Co - 0910250) 2 Inadequate Pres Tank 330 03/17/89

Byron Woods Sbdv (Rock Island Co - 1610070) 1 Arsenic 75 06/17/96

Campus (Livingston Co - 1050050) 4 Inadequate Pres Tank 230 03/20/81

Carroll Hts Utl Cmpny (Carroll Co - 0155200) 1 Inadequate Pres Tank 80 03/20/81

Century Pines Apts (Carroll Co - 0150020) 1 Inadequate Pres Tank 50 12/14/90

Cherry Vale East Apts (Winnebago Co - 2015470) 1 Inadequate Pres Tank 180 01/14/82

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NAME OF PUBLIC WATER

SUPPLY/COUNTY/FACILITY#

EPA

RGN

NATURE OF

PROBLEM

POP.

SERVED

LISTING

DATE

Cherry View Apts (Winnebago Co - 2015278) 1 Inadequate Pres Tank 60 06/17/83

Claremont Hls Sbdv (McHenry Co - 1115080) 2 Inadequate Pres Tank 330 03/15/96

Clearview Sbdv (Will Co - 1975360) 2 Inadequate Pres Tank 420 01/13/82

Coalton (Montgomery Co - 1350100) 5 Low System Pres 325 03/20/81

Coffeen (Montgomery Co - 1350150) 5 Trihalomethane 800 03/17/92

Community Srvc Corp (McHenry Co - 1115350) 2 Inadequate Pres Tank 750 09/16/83

Coulterville (Randolph Co - 1570150) 6 Trihalomethane 1,100 09/16/96

Cropsey Cmnty Wtr (McLean Co - 1135150) 4 Inadequate Pres Tank 60 03/20/81

Crystal Clear Wtr Cmpny (McHenry Co - 1115150) 2 Inadequate Pres Tank 900 09/16/88

Crystal Hts Assn (McHenry Co - 1115100) 2 Inadequate Pres Tank 93 06/17/96

Ctzns Liberty Ridge Dvn (DuPage Co - 0435650) 2 Iandequate Pres Tank 2,510 03/15/94

Ctzns Lombard Heights Dvn (DuPage Co - 0435700) 2 Inadequate Pres Tank 980 12/17/82

Ctzns Marina Village (Kendall Co - 0935100) 2 Inadequate Pres Tank

& Inadequate Pres

Storage

2,200 03/16/90

D and R Apts (Champaign Co - 0190030) 4 Inadequate Pres Tank 26 09/16/93

Deering Oaks Sbdv (McHenry Co - 1115200) 2 Inadequate Pres Tank 60 12/17/82

DeKalb Univ Dvl Corp (DeKalb Co - 0375148) 1 Inadequate Pres Tank 950 12/16/92

DeWitt Cnty NH (DeWitt Co - 0395129) 4 Inadequate Pres Tank 80 06/17/83

Dieterich (Effingham Co - 0490150) 4 Nitrite 568 12/16/96

DL Well Owners Assn (Lake Co - 0975380) 2 Inadequate Pres Tank 125 03/18/83

Dorchester (Macoupin Co - 1170250) 5 Atrazine &

Trihalomethane

480 09/16/96

Dover (Bureau Co - 0110350) 1 Inadequate Pres Tank 200 05/25/81

Eagerville (Macoupin Co - 1170300) 5 Atrazine &

Trihalomethane

187 09/16/96

East Moreland Wtr Assn (Will Co - 1975600) 2 Inadequate Pres Tank 753 03/20/81

East Moreland Wtr Corp (Will Co - 1975640) 2 Inadequate Pres Tank 135 03/15/96

Echo Lake Block IV Wtr Assn (Lake Co - 0970130) 2 Inadequate Pres Tank 50 06/15/88

Echo Lake Wtr Sys Block 7 (Lake Co - 0975820) 2 Inadequate Pres Tank 48 09/16/83

Ellis Grove (Randolph Co - 1570200) 6 Trihalomethane 720 12/16/96

Elm Oak Mutual Wtr Syst (Lake Co - 0975736) 2 Inad Pres Tank 45 06/13/86

Emmett Utl Inc (McDonough Co - 1095200) 5 Inadequate Pres Tank 39 12/17/82

Evergreen Vlg Sbdv (Rock Island Co - 1615310 1 Inadequate Pres Tank 250 03/20/81

Fahnstock Court Sbdv (Peoria Co - 1435200) 5 Inadequate Pres Tank 30 05/25/81

Fair Acres Sbdv (Will Co - 1975680) 2 Inadequate Pres Tank 185 10/19/81

Fairview (Fulton Co - 0570450) 5 Inadequate Pres Tank 620 03/20/81

Forest Lake Addn (Lake Co - 0975500) 2 Inadequate Pres Tank 180 12/16/83

Frwrd-Skyline Cpy (Kane Co - 0895030) 2 Inadequate Pres Tank 1,300 09/19/86

Galena Knolls Sbdv (Peoria Co - 1435300) 5 Nitrate 180 06/15/88

Garden Street Imprv Assn (Will Co - 1975376) 2 Inadequate Pres Tank 62 09/15/89

Gillespie (Macoupin Co - 1170400) 5 Atrazine &

Trihalomethane

3,900 09/16/96

Glenkirk Campus North (Lake Co - 0977189) 2 Inadequate Pres Tank 64 06/15/88

Glenkirk Campus South (Lake Co - 0977199) 2 Inadequate Pres Tank 36 06/15/88

Good Shepherd Mnr (Kankakee Co - 0915189) 2 Inadequate Pres Tank 140 03/17/89

Great Oaks&Beacon Hls Apts(Winnebago Co-2015488) 1 Inadequate Pres Tank 943 12/17/82

* Greenfield (Greene Co - 0610150) 6 Atrazine 1,200 06/13/97

Hawthorn Woods (Lake Co - 0970450) 2 Inadequate Pres Tank 800 03/15/95

Hazelwood 1st Addn Well 2 (Henry Co - 0735446) 1 Inadequate Pres Tank 32 09/17/82

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NAME OF PUBLIC WATER

SUPPLY/COUNTY/FACILITY#

EPA

RGN

NATURE OF

PROBLEM

POP.

SERVED

LISTING

DATE

Hazelwood 2nd Addn Well 2 (Henry Co - 0735666) 1 Inadequate Pres Tank 32 09/17/82

Hazelwood 2nd Addn Well 3 (Henry Co - 0735686) 1 Inadequate Pres Tank 32 09/17/82

Heatherfield Sbdv (Grundy Co - 0635150) 2 Inadequate Pres Tank 91 09/17/82

Hettick (Macoupin Co - 1170500) 5 Atrazine 250 03/15/95

Highland Lake Sbdv (Lake Co - 0975750) 2 Inadequate Pres Tank 294 03/20/81

Highland Sbdv (Kane Co - 0895530) 2 Inadequate Pres Tank 50 09/16/83

Hillview Sbdv (Will Co - 1975800) 2 Inadequate Pres Tank 99 03/15/85

Hull (Pike Co - 1490350) 5 Tetrachloroethylene 529 03/15/97

Huntley Cmnty Sbdv (Will Co - 1975840) 2 Inadequate Pres Tank 48 03/16/84

Ill City Waterworks (Rock Island Co - 1610110) 1 Inadequate Pres

Storage

43 03/15/97

Ingalls Pk Sbdv (Will Co - 1975880) 2 Inadequate Pres Tank 690 09/16/83

Island Lake Wtr Cmpny (Lake Co - 0975080) 2 Iron 2,250 06/15/90

Joy (Mercer County - 1310100) 1 Inadequate Source 495 09/16/96

Kaho (Macoupin Co - 1170030) 5 Atrazine 847 09/16/96

* LaHarpe (Hancock Co - 0670450) 5 Atrazine 1,500 06/13/97

Lake Lynwood Wtr Sys (Henry Co - 0735330) 1 Inadequate Pres Tank 98 08/31/81

Lakeview Sbdv (Whiteside Co - 1955150) 1 Inadequate Pres Tank 146 03/20/81

Lakewood Wtr Sys (Lake Co - 0975400) 2 Inadequate Pres Tank 49 12/16/83

Larchmont Sbdv (Winnebago Co - 2015290) 1 Inadequate Pres Tank 106 06/17/83

Larson Court Rentals (Rock Island Co - 1615728) 1 Inadequate Pres Tank 48 01/14/82

Legend Lakes Wtr Assn (Winnebago Co - 2015300) 1 Inadequate Pres Tank 225 03/14/91

Lemon Street Wl Cmpny Inc (Rock Island Co-1615550) 1 Inadequate Pres Tank 470 03/20/81

Liberty Park Homeowners Assn (DuPage Co - 0435600) 2 Inadequate Pres Tank 1,092 09/17/92

Lindenwood Wtr Assn (Ogle Co - 1415300) 1 Inadequate Pres Tank 50 01/13/82

Lisbon North Inc (Grundy Co - 0631000) 2 Inadequate Pres Tank 30 09/14/90

London Mills (Fulton Co - 0574620) 5 Inadequate Pres Tank 670 12/14/84

Lynn Cntr (Henry Co - 0735100) 1 Inadequate Pres Tank 147 03/15/95

Lynnwood Water Corp (LaSalle Co - 0995336) 1 Inadequate Pres Tank 114 03/18/83

M C L W Sys Inc (Mercer Co - 1315150) 1 Inadequate Source 100 03/20/81

Maple Hill Imprv Assn (DuPage Co - 0435800) 2 Inad Pres Tank &

Trichloroethylene

234 08/31/81

Maple Leaf Ests Wtr Corp (Monroe Co - 1335100) 6 Inadequate Pres Tank 39 03/20/81

Mayfair Sbdv (Tazewell Co - 1795750) 5 Inadequate Pres Tank 150 03/16/90

* McHenry Shores (McHenry Co - 1115020) 2 Iron 1,460 06/13/97

Mound PWD (St Clair Co - 1635050) 6 Inadequate Plant

Capacity

1,800 06/17/96

Mount Clare (Macoupin Co - 1170650) 5 Atrazine &

Trihalomethane

297 09/16/96

Mount Gilead Shlcrhm (Greene Co - 0615129) 6 Inadequate Pres Tank 28 09/16/83

Nauvoo (Hancock Co - 0670500) 5 Trihalomethane 1,200 08/13/93

Northside Peterson Wlfnd (DuPage Co - 0435866) 2 Inadequate Pres Tank 30 12/15/89

Northwest Belmont Imprv Assn (DuPage Co - 0435900) 2 Inadequate Pres Tank 115 09/29/81

Oak Ridge Sndst (Woodford Co - 2035300) 1 Inadequate Pres Tank 240 03/20/81

Oakview Avenue Wtrwks Inc (Will Co - 1977210) 2 Inadequate Pres Tank 350 03/20/81

Olivet Nazarene College (Kankakee Co - 0915279) 2 Inadequate Pres Tank 1,450 03/15/94

Opheim PWS (Henry Co - 0735150) 1 Inadequate Pres Tank 150 06/18/82

Osco Mutual Wtr Supply Cpy Inc (Henry Co-0735200) 1 Inadequate Pres Tank 115 12/15/89

Park Crest Wtr Cmpny (Stephenson Co - 1775100) 1 Inadequate Pres Tank 1,200 09/14/84

Park Road Wtr Assn (Will Co - 1977330) 2 Inadequate Pres Tank 60 12/17/82

Park View Wtr Corp (Kane Co - 0895500) 2 Inadequate Pres Tank 150 12/17/82

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NAME OF PUBLIC WATER

SUPPLY/COUNTY/FACILITY#

EPA

RGN

NATURE OF

PROBLEM

POP.

SERVED

LISTING

DATE

Patoka (Marion Co - 1210400) 6 Inadequate Plant

Capacity

731 03/15/97

* Pittsfield (Pike Co - 1490750) 5 Atrazine 4,245 06/13/97

Polo Dr & Saddle Rd Sbdv (DuPage Co - 0437000) 2 Inadequate Pres Tank 95 12/17/82

Prairie Ridge Assn (McHenry Co - 1115730) 2 Inadequate Pres Tank 140 03/16/90

Prairie View Wtr Assn (Tazewell Co - 1795900) 5 Inadequate Pres Tank 55 03/20/81

Ridgecrest North Sbdv (Grundy Co - 0635250) 2 Inadequate Pres Tank 85 09/16/93

Ridgewood Ledges Wtr Assoc(Rock Island Co-1615670) 1 Inadequate Pres Tank 475 03/20/81

Ridgewood Sbdv (Will Co - 1977650) 2 Inadequate Pres Tank 315 06/18/82

Rome Farms #9 (Peoria Co - 1435500) 5 Nitrate 200 09/15/95

Salem Childrens Hm (Livingston Co - 1055229) 4 Inadequate Pres Tank 66 03/18/83

Save Site (St Clair Co - 1635289) 6 Trihalomethane 375 06/15/92

Sawyerville (Macoupin Co - 1170850) 5 Atrazine 570 09/16/96

Sbdv Wtr Trust No 1 (Kane Co - 0895300) 2 Inadequate Pres Tank 1,120 03/20/81

Scribner Street Sbdv (Will Co - 1977660) 2 Inadequate Pres Tank 50 03/18/83

Shawnita Trc Wtr Assn (Will Co - 1977690) 2 Inadequate Pres Tank 125 09/17/92

Shipman (Macoupin Co - 1170950) 5 Atrazine &

Trihalomethane

675 12/16/96

Silvis Heights Wtr Corp (Rock Island Co - 1615750) 1 Inadequate Pres Tank 1,680 03/20/82

Skyview Estates (Kankakee Co - 0915526) 2 Inadequate Pres Tank 65 09/14/84

Sorento (Bond Co - 0050300) 6 Trihalomethane 750 09/16/96

Spring Creek Wtr Assn (Macoupin Co - 1175450) 5 Atrazine &

Trihalomethane

60 09/16/96

St Charles Cmsn Wlfnd 3 (DuPage Co - 0437040) 2 Inadequate Pres Tank 30 12/15/89

Staunton Res Rd Wtr (Macoupin Co - 1175250) 5 Trihalomethane 70 12/16/96

Sturm Sbdv (Lake Co - 0977010) 2 Inadequate Pres Tank 63 03/16/84

Suburban Heights Sbdv (Rock Island Co - 1615800) 1 Inadequate Pres Tank 114 12/16/83

Summit Homeowners Assn (Lake Co - 0975280) 2 Inadequate Pres Tank 48 03/16/84

Sunnyland Sbdv (Will Co - 1977730) 2 Inadequate Pres Tank 350 09/16/83

Swedona Wtr Assn (Mercer Co - 1315200) 1 Inadequate Pres Tank 100 06/15/90

Sylvan Lake 1st Sbdv (Lake Co - 0977100) 2 Inadequate Pres Tank 210 06/14/91

The Mill (Winnebago Co - 2010040) 1 Inadequate Pres Tank 90 12/16/94

Tindalls 3rd & 6th Addn (Rock Island Co - 1617376) 1 Inadequate Pres Tank 28 06/18/82

Towners Sbdv (Lake Co - 0977250) 2 Inadequate Pres Tank 238 01/14/82

Trivoli PWD (Peoria Co - 1435510) 5 Inadequate Pres Tank 350 06/17/83

Turkey Hollow Well Corp (Rock Island Co - 1615686) 1 Inadequate Pres Tank 32 06/18/82

Utl Inc Clarendon Wtr Cmpny (DuPage Co - 0435300) 2 Inadequate Pres Tank 1,953 03/20/81

Utl Inc Northern Hls Utl Co (Stephenson Co-1775050) 1 Inadequate Pres Tank 290 03/15/96

Utl Inc Walk-Up Woods Wtr Co (McHenry Co - 1115800) 2 Inadequate Pres Tank 763 12/17/82

Vet's Place Sbdv (Peoria Co - 1435650) 5 Nitrate & Inadequate

Pressure Tank

85 09/16/94

Warsaw (Hancock Co - 0670650) 5 Trihalomethane 1,882 12/16/96

Wermes Sbdv (Kane Co - 0895750) 2 Inadequate Pres Tank 150 12/16/88

West Shoreland Sbdv (Lake Co - 0977050) 2 Inadequate Pres Tank 220 06/14/91

Westfield (Clark Co - 0230200) 4 Inadequate Water

Source

700 06/15/93

White City (Macoupin Co - 1171150) 5 Trihalomethane 280 12/16/96

White Hall (Greene Co - 0610400) 6 Atrazine &

Trihalomethane

2,950 03/15/97

Wilsonville (Macoupin Co - 1171200) 5 Atrazine &

Trihalomethane

609 09/16/96

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NAME OF PUBLIC WATER

SUPPLY/COUNTY/FACILITY#

EPA

RGN

NATURE OF

PROBLEM

POP.

SERVED

LISTING

DATE

Wonder Lake Wtr Cmpny (McHenry Co - 1115750) 2 Inadequate Pres Tank 1,161 06/16/94

* Woodland (Iroquois Co - 0751000) 4 Nitrite 333 06/13/97

Woodland Hts Ests Sbdv (Peoria Co - 1435760) 5 Inadequate Pres Tank 245 03/20/81

Woodsmoke Ranch Assn (LaSalle Co - 0990030) 1 Inad Pres Tank 350 06/15/90

York Cntr Coop (DuPage Co - 0437550) 2 Inadequate Pres Tank 240 06/15/88

2nd Street Wtr Assn (Lake Co - 0971140) 2 Indaquate Pres Tank 33 12/15/95

PUBLIC WATER SUPPLIES REMOVED FROM PREVIOUS LIST

Biggsville (Henderson Co - 0710050) Kirkwood (Warren Co - 1870050)

Bradford (Stark Co - 1750050) Knoxville (Knox Co - 0950300)

Briarcrest Sbdv Hmowners Assn (Lake Co -

0971060)

Ladd (Bureau Co - 0110450)

Broadview Acdmy (Kane Co - 0895149) Lakewood Shores Imprv Assn (Will Co - 1975930)

Brownstown (Fayette Co - 0510100) Little York (Warren Co - 1870100)

Bryant (Fulton Co - 0570200) Lostant (LaSalle Co - 0990450)

Carbon Hill (Grundy Co - 0630100) Marseilles (LaSalle Co - 0990500)

Channahon East (Will Co - 1970070) Naplate (LaSalle Co - 0990600)

DePue (Bureau Co - 0110300) Neponset (Bureau Co - 0110700)

Farm Colony Sbdv (Kendall Co - 0935140) Odell (Livingston Co - 1050550)

Fields Hill Impvmt Assn (LaSalle Co - 0995150) Plum Creek Cndos (Cook Co - 0317080)

Fields of Long Grove (Lake Co - 0971050) Ransom (LaSalle Co - 0990900)

Fox Lawn Utl Cmpny Inc (Kendall Co - 0935150) Reddick (Kankakee Co - 0914780)

Hmownrs Assn of Four Lks Sbdv (LaSalle Co-

0995110)

Retz Addn Impv Assn (LaSalle Co - 0995400)

Hopewell (Marshall Co - 1235150) South Wilmington (Grundy Co - 0630650)

Il Prairie Est Sbdv (LaSalle Co - 0995300) St Elmo (Fayette Co - 0510250)

Joliet (Will Co - 1970450) St Peter (Fayette Co - 0510300)

Kangley (LaSalle Co - 0990250) Standard (Putnam Co - 1550300)

Kewanee (Henry Co - 0730650) Steeleville (Randolph Co - 1570650)

Kingston Mines (Peoria Co - 1430450) Wadsworth Oaks Sbdv (Lake Co - 0977320)

Kinsman (Grundy Co - 0630450) Yates City (Knox Co - 0950700)

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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 IEPA records indicate that it is approaching any of the violations which

would place it on the Restricted Status List.

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

public water supply should be directed to the Division of Public Water Supplies for final determination. This list reflects the

status as of July 1, 1997.

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

NAME OF PUBLIC WATER

SUPPLY/COUNTY/FACILITY#

EPA

RGN

NATURE OF

PROBLEM

POP.

SERVED

LISTING

DATE

Albers (Clinton Co - 0270050) 6 Inadequate Plant

Capacity

850 03/15/96

Baylis (Pike Co - 1490100) 5 Source Capacity 300 09/13/85

Bluford (Jefferson Co - 0810100) 7 Low System Pressure 465 03/20/81

Ctzns Chickasaw Hills Div (Will Co - 1975320) 2 Low System Pressure 7,700 09/17/92

Clinton (DeWitt Co - 0390050) 4 Inad Plant Capacity 7,437 06/14/91

DePue (Bureau Co - 0110300) 1 Inad Treatment Plant 1,930 12/15/93

Dieterich (Effingham Co - 0490150) 4 Inadequate Source 568 03/15/94

Edwardsville (Madison Co - 1190250) 6 Inad Treatment Plant 30,581 12/15/93

Evansville (Randolph Co - 1570250) 6 Low System Pressure 1,838 05/25/81

Georgetown (Vermilion Co - 1830350) 4 Inadequate Water Plant 3,678 06/15/93

Hardin (Calhoun Co - 0130200) 6 Low System Pressure 1,175 11/25/81

Highland Hills Sndst (DuPage Co - 0435560) 2 Inadequate Pres Tank 1,100 09/17/92

Homer (Champaign Co - 0190300) 4 Inadequate Source 1,300 03/15/94

Kincaid (Christian Co - 0210250) 5 Plant Capacity 2,640 06/14/85

McHenry Shores Wtr Cmpny (McHenry Co - 1115020) 2 Low System Pressure 1,170 09/17/92

Pearl (Pike Co - 1490650) 5 Inadequate Pres Tank 322 09/17/82

Pecatonica (Winnebago Co - 2010250) 1 Low System Pressure 1,830 06/15/90

South Highway PWD (Jackson Co - 0775400) 7 Low System Pressure 8,189 06/15/92

Stockton (Jo Daviess Co - 0850450) 1 Low System Pressure 1,900 06/15/84

Sumner (Lawrence Co - 1010300) 7 Low System Pressure 1,553 12/13/85

Taylor Springs (Montgomery Co - 1350650) 5 Low System Pressure 650 02/20/81

Tower Ridge Sbdv (Rock Island Co - 1615780) 1 Inadequate Pres Tank 70 03/15/94

Utl Inc Lake Marian Wtr Corp (Kane Co - 0895200) 2 Low Sys Pres & Inad

Pres Storage

800 09/14/84

Walnut Hill (Marion Co - 1210600) 6 Low System Pressure 1,200 06/14/85

West Liberty-Dundas Wtr Dst (Richland Co-1595050) 7 Low System Pressure

& Inadequate Source

693 12/14/84

Wonder Lake Wtr Cmpny (McHenry Co - 1115750) 2 Inadequate Storage 1,080 12/14/90

PUBLIC WATER SUPPLIES REMOVED FROM PREVIOUS LIST

none