0300_B.PDF

Claire A. Manning, Chairman

Board Members:

Ronald C. Flemal, G. Tanner Girard, Elena Z. Kezelis,

Samuel T. Lawton Jr., Marili McFawn, Nicholas J. Melas

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

(312)

814-3620

(312) 814-6032 TDD

Illinois Pollution Control Board

600 South Second Street

Suite 402

Springfield, Illinois 62704

(217)

524-8500

(312) 814-6032 TDD

Letter From the Chairman

I am very pleased to announce that the Board once again consists of seven

full-fledged members. Recently, Governor Ryan appointed Samuel T.

Lawton, Jr. to fill the position formerly occupied by Kathleen Hennessey

who resigned in August 1999 to take a position as Environmental Counsel to

Daimler-Chrysler in Michigan. Member Lawton comes to the Board with

much experience in Illinois environmental law, having served as one of the

original members of this Board from July 1970 to August 1973. Before and

since then, Member Lawton has practiced law as a partner at Altheimer &

Gray in Chicago. He has also served as an Arbitrator with the American

Arbitration Association’s National Commercial and Labor Panels,

Chairman of the Chicago Bar Association’s Committee on Local

Government, member of the Illinois Bar Association’s Environmental Law

Council, and Member and Chairman of the Illinois Air Pollution Control Board, a predecessor to the IPCB.

Lawton’s current term expires on June 30, 2002 and he will be based out of our Chicago office in the James

R. Thompson Center. Member Lawton’s Senate confirmation hearing was April 5, 2000. On behalf of the

entire Board, I would like to welcome Sam to the IPCB and look forward to working with him.

Congratulations also are due Board Member Ronald C. Flemal who was reappointed by Governor Ryan to

his sixth term on the Illinois Pollution Control Board. Member Flemal’s appointment was confirmed by the

Illinois State Senate on March 22, 2000. Ron is an integral part of the Board, and we are all pleased to

have him back for another term.

The Board continues to fill various staff positions. In January, I announced that the Board was conducting a

search for an Environmental Scientist. It is a pleasure to report that the response has been overwhelming.

The Board is no longer accepting new applications and is now faced with the difficult task of narrowing

down the field of candidates for interviews. I would like to thank everyone for their submissions and

interest in the Board.

Also, the Board will be soon filling an attorney position and a computer position. Persons interested in the

computer position should call our EDP Coordinator, Dawn Turley, at the Board’s Springfield office. Any

persons interested in the attorney position should send their resume to Karen Newbold, the Board’s

Personnel Officer, also at the Board’s Springfield office. The position is open due to the recent resignation

of Board Hearing Officer and general staff attorney Amy Muran-Felton, who took a position as staff

attorney with the Citizen’s Utility Board. Current Board attorneys Steve Langhoff (Springfield) and

Gertrude Kelly (Chicago) will be acting as Hearing Officers on Amy’s cases under the direction of Chief

Hearing Officer John Knittle.

Last, but most certainly not least, the Board recently went to First Notice on an entire set of new

procedural rules. These rules are similar to R97-8, but have undergone extensive changes due to the public

comments we received and other statutory changes which have occurred since then. While the process of

rewriting our rules was a long and arduous one, I am quite hopeful that those involved in our process will

agree that the end product will be well worth the effort. We are accepting public comments on these

proposed rules until June 1, 2000, and we are holding hearings on April 11 (Springfield) and May 4

(Chicago). Also, for the first time ever, we’ve established a “Public Comment Page” on our Web site. If

you are interested in suggesting any changes to the Board’s proposed procedural rules before we adopt them

for Second Notice, please visit the site at (www.ipcb.state.il.us/rules/procedural/procedural.htm) for more

information on the hearings and on the public comment period. As ever, if you have any problems or ideas

for our Web site, contact the Board’s Public Information Coordinator, Cameron Kline at our Springfield

office by telephone (217/524-8510) or by email (klinec@ipcb.state.il.us).

Yours,

Claire Manning, Chairman

Inside This Issue:

EDERAL

PDATE

. 1

ULE

PDATE

. 5

PPELLATE UPDATE

. 7

IEPA R

ESTRICTED

TATUS

IST

. 8

IEPA C

RITICAL

EVIEW

IST

. 12

OARD

CTIONS

. 14

ASES

. 20

OARD

ALENDAR

. 21

Federal Update

United States Environmental Protection Agency Adopts 180-Day Accumulation Time Period under RCRA

for Electroplaters’ F006 Sludge

On March 8, 2000, the United States Environmental Protection Agency (USEPA) promulgated regulations

that allow large quantity generators of certain electroplating wastewater sludge (F006 sludge) to accumulate

F006 sludge up to 180 days (or up to 270 days, as applicable) without a hazardous waste storage permit or

interim status under the Resource Conservation and Recovery Act (42 USC §§ 6901

et seq

. (1996)), provided

that these generators recycle the F006 sludge and meet certain conditions. 65 Fed. Reg. 12377 (March 8,

2000). USEPA increased the accumulation time to address existing economic barriers to the recycling of

F006 sludge through metals recovery and to provide large quantity generators of F006 sludge with an

incentive to choose recycling instead of treatment and land disposal as their final waste management option.

The regulations became effective on March 8, 2000. The rule is available on the Internet at:

http://www.epa.gov/epaoswer/hazwaste/gener/f006acum.htm. For further information contact: Kathy

Blanton at 703/605-0761; e-mail: blanton.katherine@epa.gov

The Board will adopt the federal amendments in the currently pending identical-in-substance rulemaking,

RCRA Subtitle C Hazardous Waste Update, USEPA Amendments (July 1, 1999, through December 31,

1999), R00-13. For further information contact: Michael McCambridge at 312/814-6924; e-mail:

mccambm@ipcb.state.il.us

United States Environmental Protection Agency Vacates Provisions Listing Organobromine Production

Wastes as Hazardous Wastes under RCRA

On March 17, 2000, the United States Environmental Protection Agency (USEPA) vacated regulations listing

certain organobromine wastes as hazardous wastes under the Resource Conservation and Recovery Act

(RCRA) (42 USC §§ 6901

et seq

. (1996)). 65 Fed. Reg. 14472 (March 17, 2000). USEPA amended its

regulations to conform with an order issued by the United States Court of Appeals for the District of

Columbia Circuit (D.C. Cir.) in Great Lakes Chemical Corporation v. EPA, No. 98-1312, that vacated

regulations listing certain organobromine wastes as hazardous wastes under RCRA. The rule,

“Organobromine Production Wastes; Identification and Listing of Hazardous Waste; Land Disposal

Restrictions; Listing of CERCLA Hazardous Substances, Reportable Quantities,” was published in the

Federal Register

at 63 Fed. Reg. 24596 (May 4, 1998).

USEPA also modified the land disposal restriction treatment standards in 40 CFR 268 by deleting these

wastes and the associated treatment standards. In addition, USEPA vacated the “reportable quantity”

requirements for these wastes. Under the court's order, and as amended in the regulations, the vacated

federal hazardous waste listings, and regulatory requirements based on those listings, are to be treated as

though they were never in effect.

The vacation of theses regulations became effective on March 17, 2000. For further information contact:

William Brandes at 703/308-8871; e-mail: brandes.william@epa.gov

Organobromine wastes are currently regulated at 35 Ill. Adm. Code 728.133. The Board will adopt the federal

amendments in the currently pending identical-in-substance rulemaking,

In re

RCRA Subtitle C Hazardous

Waste Update, USEPA Amendments (July 1, 1999, through December 31, 1999), R00-13. For further

information contact: Michael McCambridge at 312/814-6924; e-mail: mccambm@ipcb.state.il.us

United States Environmental Protection Agency Adopts National Emission Standards For Hazardous Air

Pollutants (NESHAP) for New and Existing Sources at Secondary Aluminum Production Facilities

On March 23, 2000, the United States Environmental Protection Agency (USEPA) promulgated national

emission standards for hazardous air pollutants (NESHAP) for new and existing sources at secondary

aluminum production facilities. 65 Fed. Reg. 15689 (March 23, 2000). The hazardous air pollutants (HAPs)

emitted by the secondary aluminum production facilities that are now regulated include organic HAPs,

inorganic gaseous HAPs (hydrogen chloride, hydrogen fluoride, and chlorine), and particulate HAP metals.

These standards implement Section 112(d) of the Clean Air Act (CAA) (42 USC § 7412(d) (1996)) and are

based on the USEPA’s determination that secondary aluminum production facilities are major sources of

HAP emissions and emit several of the HAPs listed in Section 112(b) of the CAA (42 USC § 7412(b) (1996)).

USEPA expects that the regulations will provide protection to the public health by requiring secondary

aluminum production facilities to meet emission standards reflecting application of the maximum achievable

control technology. Secondary aluminum production facilities that are area sources would be subject to

limitations on emissions of dioxins and furans only. USEPA estimates that implementation of the standards

will reduce emissions of all identified pollutants by about 15,600 tons per year (tpy) and HAP emissions will

be reduced by approximately 12,400 tpy.

These regulations became effective March 23, 2000. For further information contact: Juan Santiago at

919/541-1084; e-mail: santiago.juan@epamail.epa.gov

Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b). (1998)), once

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

the Board.

United States Environmental Protection Agency Files Advance Notice of Intent to Initiate Rulemaking

Under the Toxic Substances Control Act to Eliminate or Limit the Use of MTBE as a Fuel Additive in

Gasoline

On March 24, 2000, the United States Environmental Protection Agency (USEPA) filed an advance notice of

proposed rulemaking under Section 6 of the Toxic Substances Control Act (TSCA) (15 USC § 2605 (1996)) to

eliminate or limit the use of Methyl Tertiary Butyl Ether (MTBE) as a fuel additive in gasoline. 65 Fed. Reg.

16093 (March 24, 2000). MTBE is a chemical compound that is used as a fuel additive in gasoline. Refiners

have primarily added MTBE to gasoline to meet the Clean Air Act (CAA) (42 USC §§ 7401

et seq

. (1996))

requirement that areas with severe problems in attaining the National Ambient Air Quality Standard

(NAAQS) for ozone use Reformulated Gasoline (RFG) containing 2% oxygen by weight. Some refiners also

use MTBE to boost octane of gasoline.

Many states have also voluntarily chosen to use RFG as a means of addressing marginal, moderate, or

serious ozone nonattainment areas. In addition to the RFG program, the CAA also requires the

establishment of a Wintertime Oxygenated Fuel program. Under this program, gasoline must contain 2.7%

oxygen by weight during the wintertime in areas that are not in attainment for the NAAQS for carbon

monoxide. In some cases this requirement is met through the use of MTBE.

USEPA reports that while the use of MTBE as a fuel additive in gasoline has helped to reduce harmful air

emissions, it has also contributed to the contamination of the nation's drinking water supplies. Unlike other

components of gasoline, MTBE dissolves and spreads readily in the groundwater underlying a spill site,

resists biodegradation, and is difficult and costly to remove from groundwater. Low levels of MTBE can

render drinking water supplies unpotable due to its offensive taste and odor. At higher levels, it may also

pose a risk to human health. The United States Geological Survey has found that the occurrence of MTBE

in groundwater is closely related to its use as a fuel additive in the area, finding MTBE in 21 % of ambient

groundwater tested in areas where MTBE is used in RFG, compared with MTBE in only 2 % of ambient

groundwater in areas using conventional gasoline.

USEPA seeks public comment on a number of aspects of this anticipated regulatory action, including

whether it should take action to address any fuel additives other than MTBE. Public comment must be

received on or before May 8, 2000. For general information contact Barbara Cunningham at 202/554-1404; e-

mail: TSCA-Hotline@epa.gov. For technical information contact Karen Smith at 202/564-9674; e-mail:

smith.karen@epa.gov

If adopted by USEPA, the Board would expect the Illinois Environmental Protection Agency to propose a

similar state rule for adoption using the Clean Air Act “fast-track” procedures in Section 28.5 of the

Environmental Protection Act (415 ILCS 5/28.5 (1998)).

United States Environmental Protection Agency to Conduct Public Meeting on Proposed Metal Products

and Machinery Effluent Rulemaking

On March 6, 2000, the United States Environmental Protection Agency (USEPA) announced that it will

conduct a second public meeting on the upcoming Effluent Limitations Guidelines, Pretreatment Standards,

and New Source Performance Standards for the Metal Products and Machinery Point Source Category

proposed rulemaking. The second public meeting will be held on April 10, 2000, from 9:30 a.m. to 12:30 p.m.

in Chicago, Illinois. 65 Fed. Reg. 11755 (March 6, 2000).

The Office of Science and Technology, within USEPA's Office of Water, is holding the second public

meeting in order to inform all interested persons of the current status of the Metal Products and Machinery

(MP&M) effluent guideline. USEPA intends to propose effluent limitations guidelines and standards for the

MP&M industrial category in October 2000.

The public meeting in Chicago will provide the same information as the March 3, 2000 public meeting in

Washington, D.C. (see 65 Fed. Reg. 6950 (February 11, 2000)). The meeting is intended to be a forum in

which USEPA can report on the status of the rulemaking and interested persons can provide information

and ideas to USEPA on key technical, economic, and implementation issues. Although the meeting is open

to the public, the limited amount of seating will be available on a first-come basis.

USEPA is developing proposed effluent limitations guidelines and standards for the MP&M Point Source

Category under authority of the Clean Water Act (33 USC §§ 1251

et seq

. (1996)). The MP&M effluent

limitations guidelines and standards proposal will apply to facilities that manufacture, rebuild, or maintain

finished metal parts, products, or machines. The 18 industrial sectors that are being examined for the

MP&M regulation include the following: aerospace; aircraft; bus and truck; electronic equipment;

hardware; household equipment; instruments; metal finishing and electroplating job shops; mobile

industrial equipment; motor vehicles; office machines; ordnance; precious and non-precious metals;

railroad; ships and boats; stationary industrial equipment; printed circuit boards; and other metal products.

For further information contact: Shari Barash at 202/260-7130; e-mail: barash.shari@epa.gov

United States Environmental Protection Agency Announces Schedule for RCRA Corrective Action

Guidance Documents and Requests Public Comment on RCRA Cleanup Reforms

On March 24, 2000, the United States Environmental Protection Agency (USEPA) announced a schedule for

the availability of Resource Conservation and Recovery Act (RCRA) (42 USC §§ 6901

et seq

. (1996))

corrective action guidance documents, and requested public comment on RCRA cleanup reforms

announced on July 8, 1999. 65 Fed. Reg. 15904 (March 24, 2000).

With this schedule, USEPA intends to encourage greater involvement by states, industry, and the public.

The first draft guidance document that is expected to be available is the Handbook of Groundwater Policies

for RCRA Corrective Action. USEPA expects it to be available for public review and comment in April 2000.

To obtain a copy, persons may call the RCRA Hotline at 800/424-9346. Federal Register Notices will preview

the other two draft guidance documents when they become available later this spring. USEPA also intends

to post these documents on its Corrective Action website at: http://www.epa.gov/correctiveaction.

For more detailed information on specific aspects of the draft guidance documents contact: Andrew Baca at

703/308-6787; e-mail: baca.andrew@epa.gov. For more detailed information on the RCRA Cleanup Reforms

contact: Kevin Donovan at 703/308- 8761; e-mail: donovan.kevin-e@epa.gov

United States Environmental Protection Agency Proposes Regulations to Establish a National Organic

Program

On March 13, 2000, the United States Environmental Protection Agency (USEPA) proposed regulations to

establish a National Organic Program (NOP) under the direction of the Agricultural Marketing Service

(AMS), an arm of the United States Department of Agriculture (USDA). 65 Fed. Reg. 13511 (March 13,

2000). The proposed rule would establish the NOP and is intended to facilitate interstate commerce and

marketing of fresh and processed food that is organically produced and to assure consumers that such

products meet consistent, uniform standards.

This program will establish national standards for the production and handling of organically produced

products, including a National List of substances approved and prohibited for use in organic production

and handling. The regulations will establish a national level accreditation program to be administered by the

AMS for state officials and private persons who want to be accredited as certifying agents. The proposal

includes requirements for labeling products as organic and containing organic ingredients. The regulations

also will provide for importation of organic agricultural products from foreign programs determined to have

equivalent organic requirements. The program is proposed under the Organic Foods Production Act of

1990, as amended. 7 USC §§ 6501

et seq

. (1996).

Public comments on the proposal are due by June 12, 2000. The National Organic Program's homepage on

the Internet is: http://www.ams.usda.gov/nop. For further information contact: Richard Mathews at

202/205-7806.

Rule Update

Board Adopts First Notice Proposal in In the Matter of: Revision of the Board’s Procedural Rules: 35 Ill.

Adm. Code 101-130, R00-20; Dismisses Docket R97-8

On March 16, 2000, the Board proposed revised procedural rules for first notice publication in the

Illinois

Register

to govern how persons initiate and participate in all proceedings before the Board under the

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

et seq

. (1998)), and other legislation directing Board

action. Upon final adoption, the proposed rules will replace all of the Board’s existing procedural rules and

all Board resolutions that relate to procedural matters. The Board drafted the proposed rules to more

efficiently and effectively implement the Act and other laws in Board proceedings. To avoid confusion and

distinguish this proposal from the predecessor docket (R97-8), the Board opened this new docket and

dismissed the predecessor docket

In re

Revision of the Board’s Procedural Rules: 35 Ill. Adm. Code 101-130

(March 16, 2000), R97-8. The Board received a significant number of public comment in R97-8, which

prompted many of the changes that the Board proposed in R00-20.

The Board will hold two public hearings in this matter. The first hearing is scheduled for April 11, 2000, at

1:30 p.m., in Room 403, 600 S. Second St., Springfield, Illinois. The second hearing will be held on May 4,

2000, at 1:30 p.m., in Room 9-040, 100 W. Randolph St., James R. Thompson Center, Chicago, Illinois. The

Board intends to make the transcript of each hearing available on the Board’s Web site

(www.ipcb.state.il.us).

The proposal was published at 24 Ill. Reg. 5173 (March 31, 2000). The Board is accepting public comments

until June 1, 2000. The Board will establish a public comment page on its Web site that will contain all new

public comments as well as the opinion and order from the predecessor docket (R97-8). While the public

comment page will be for this proceeding only, it will serve as a pilot program for future Board regulatory

proceedings. In addition to regular mail, public comments may also be submitted to the Clerk’s Office

electronically at clerk@ipcb.state.il.us. Persons wishing to comment should refer to the hearing officer’s

order for specific requirements. The hearing officer’s order will also be posted on the Board’s Web site.

For additional information contact: Carol Sudman at 217/524-8509; e-mail: sudmanc@ipcb.state.il.us

Board Adopts First Notice Proposal in In the Matter of: Conforming and Technical Amendments to 35 Ill.

Adm. Code 809, R00-18

On March 16, 2000, the Board proposed rules to amend 35 Ill. Adm. Code 809 for first notice publication in

the

Illinois Register

. On December 16, 1999, the Board dismissed the Illinois Environmental Protection

Agency’s (IEPA) proposed rules on permitting certain used oil management facilities and used oil

transporters. See

In re

Amendments to Permitting for Used Oil Management and Use Oil Transport: 35 Ill.

Adm. Code 807 and 809 (December 16, 1999), R99-18. Although the Board dismissed the IEPA’s proposed

rules, the Board determined that certain technical changes to Part 809 of the Board’s rules should be

addressed in another rulemaking. The Board also determined that one substantive change to Part 809 was

necessary. The proposed substantive change aligns the State and federal definitions of “on-site,” and

allows unpermitted and unmanifested transport of hazardous waste both across and along public rights of

way. In order to make these changes, the Board, on its own motion, proposed amendments in docket R00-

18.

The Board will accept written public comment for at least 45 days after the date of publication in the

Illinois

Register

. The Board will hold two public hearings in this matter. The first hearing is scheduled for April 20,

2000 at 1:00 p.m. in Room 9-039, 100 W. Randolph St., James R. Thompson Center, Chicago, Illinois. The

second hearing will be held on May 18, 2000 at 9:30 a.m. in Room 403, 600 S. Second St., Springfield, Illinois.

The Board requested the Department of Commerce and Community Affairs (DCCA) conduct an Economic

Impact Study (EcIS), however DCCA did not respond. The Board will rely on a March 10, 2000 letter from

DCCA notifying the Board that it lacks the technical and financial resources to conduct an EcIS for any rule

pending before the Board.

For additional information contact: Joel Sternstein at 312/814-3665; e-mail: sternstj@ipcb.state.il.us

Board Adopts Proposal for Public Comment in In the Matter of: RCRA Subtitle C Hazardous Waste

Update, USEPA Amendmets (July 1, 1999 through December 31, 1999), R00-13

On March 16, 2000, the Board proposed for public comment amendments to the Illinois regulations that are

identical in substance to hazardous waste regulations that the United States Environmental Protection

Agency (USEPA) adopted to implement Subtitle C of the federal Resource Conservation and Recovery Act

of 1976 (RCRA Subtitle C) (42 USC §§ 6921

et seq

. (1996)). Included are amendments that USEPA adopted

during the period July 1, 1999 through December 31, 1999. USEPA took four actions during this period that

necessitated Board action (see 64 Fed. Reg. 36466 (July 6, 1999); 64 Fed. Reg. 52828 (September 30, 1999); 64

Fed. Reg. 56469 (October 20, 1999); and 64 Fed Reg. 63209 (November 19, 1999)).

The federal actions include amendments to the hazardous waste regulations and the universal waste rule

involving the designation of waste lamps as a universal waste. The amendments remove the management of

waste lamps from the generally-applicable hazardous waste regulations. USEPA also adopted technical

corrections to the Phase IV land disposal restrictions and final National Emission Standards for Hazardous

Air Pollutants applicable to hazardous waste combustors.

Sections 7.2 and 22.4(a) of the Environmental Protection Act (Act) (415 ILCS 5/7.2, 22.4(a) (1998)) provide for

quick adoption of regulations that are identical in substance to federal regulations that USEPA adopts to

implement Sections 3001 through 3005 of RCRA (42 USC §§ 6921-6925 (1996)). Section 22.4(a) also provides

that Title VII of the Act and Section 5 of the Administrative Procedure Act (5 ILCS 100/5-35, 5-40 (1998)) do

not apply to the Board’s adoption of identical-in-substance regulations. Therefore, the amendments are not

subject to first or second notice review by the Joint Committee on Administrative Rules.

The proposal for public comment was published at 24 Ill. Reg. 4403 (March 24, 2000). The Board will accept

written public comments for at least 45 days after the date of publication in the

Illinois Register

For additional information contact: Michael McCambridge at 312/814-6924; e-mail:

mccambm@ipcb.state.il.us

Board Accepts Regulatory Proposal for Hearing in In the Matter of: Amendments to 35 Ill. Adm. Code

Part 617, Regulated Recharge Area for Pleasant Valley Water District, R00-17

On February 14, 2000, the Illinois Environmental Protection Agency (IEPA) filed a rulemaking proposal

pursuant to Section 27 of the Environmental Protection Act (Act) (415 ILCS 5/27 (1998)). The proposal

would amend Part 617 of the Board’s public water supply rules to establish the State’s first regulatory

recharge area under Section 17.3 of the Act (415 ILCS 5/17.3 (1998)). The proposed amendments would

establish a regulated recharge area for the Pleasant Valley Public Water District in Peoria County, Illinois.

On March 16, 2000, the Board accepted this matter for hearing and directed the hearing officer to schedule

hearings as required pursuant to Title VII of the Act. The Board will accept written public comments for at

least 45 days after the date of publication in the

Illinois Register

. The Board will hold one public hearing in

this matter. The hearing is scheduled for May 9, 2000, at 11:00 a.m., in the County Board Room, Peoria

County Courthouse, 324 Main St., Peoria, Illinois. The Board requested the Department of Commerce and

Community Affairs (DCCA) to conduct an Economic Impact Study (EcIS), however DCCA did not respond.

The Board will rely on a March 10, 2000 letter from DCCA notifying the Board that it lacks the technical and

financial resources to conduct an EcIS for any rule pending before the Board.

For additional information contact: Catherine Glenn at 312/814-6923; e-mail: glennc@ipcb.state.il.us

Appellate Update

Illinois Supreme Court Affirms Fourth District Appellate Court’s Dismissal of Appeal in ESG Watts, Inc.

v. Pollution Control Board, No. 87158 (March 23, 2000)

On March 23, 2000, the Illinois Supreme Court, in a published opinion, affirmed the appellate court’s

dismissal for lack of jurisdiction of ESG Watts, Inc’s. (ESG Watts) appeal of the Board’s decision in People

of the State of Illinois v. ESG Watts, Inc. (February 19, 1998), PCB 96-237. On appeal, ESG Watts did not

name the People of the State of Illinois (State) as a respondent in its petition for review.

In its February 19, 1998 opinion, the Board found ESG Watts had violated financial assurance provisions of

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

et seq.

(1994)) and the Board’s landfill rules at the

Sangamon Valley Landfill and imposed a $256,000 fine. In March 1998, ESG Watts petitioned the appellate

court for review of the Board’s decision. ESG Watts named only the Board in its petition. The Board moved

to dismiss the action on the basis that the appellate court lacked jurisdiction because ESG Watts had not

named the State as a respondent. After considering briefs and oral arguments, the appellate court granted

the Board’s motion and dismissed the case in an unpublished Illinois Supreme Court Rule 23 (155 Ill. 2d R.

23) order. ESG Watts, Inc. v. Illinois Pollution Control Board, No. 4-98-0229 (February 4, 1999). For

additional information on the Rule 23 order see the March 1999 article in the Board’s

Environmental

Register

. The Supreme Court granted ESG Watts’ motion for leave to appeal. The Supreme Court affirmed

the appellate court’s dismissal of the appeal.

The Supreme Court rejected ESG Watts’ argument that a petition for review acts as a notice of appeal and

that it should be subject to a liberal construction and that McGaughy v. Illinois Human Rights Comm’n, 165

Ill. 2d 1, 649 N.E.2d 404 (1995) was distinguishable. The Court found that judicial review of administrative

actions involves the exercise of special statutory review, and that parties must strictly adhere to the

proscribed procedures in the statute. The Court found that a rule of strict construction of petitions for

administrative review is proper, necessary, and mandated by precedent.

The Court also rejected ESG Watts’ argument that the Board is an arm of the State such that the Board and

the State constitute a single party for purposes of the petition for review. The Court quickly distinguished

Bulk Terminals Co. v. Environmental Protection Agency, 29 Ill. App. 3d 978, 331 N.E.2d 260 (1st Dist. 1975),

and stated that there was no reason to treat the Board and the State as one and the same entity for purposes

of appeal. The Court noted that “[t]he Board is not fungible with the State because the Board was the

decisionmaker, in contrast to the prosecutorial role played by the State.” ESG Watts, Inc. v. Pollution

Control Board, No. 87158, slip op. at 6.

The Court further rejected ESG Watts’ argument that Lockett v. Chicago Police Board, 133 Ill. 2d 349, 549

N.E.2d 1266 (1990) was no longer good law. The Court found no reason to depart from Lockett. The

reasoning in Lockett requires a party seeking administrative review to strictly comply with statutes

conferring jurisdiction or face dismissal of the action.

Finally, the Court rejected ESG Watts’ argument that the Fourth District erred in failing to conform its result

to the supervisory orders entered by the Supreme Court in two unrelated appeals in the Third District. The

supervisory orders directed the Third District to vacate dismissals of the two appeals and address the

appeals on the merits. The Court found that ESG Watts had waived this argument by its failure to cite

supporting authority in accordance with Illinois Supreme Court Rule 341(e)(7).

IEPA Restricted Status List

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

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

Environmental Protection Act.

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

indicating a violation of any of the following requirements: Finished water quality requirements of 35 Ill.

Adm. Code, Part 604, Subparts B and C; maintenance of adequate pressure on all parts of the distribution

system under all conditions of demand; meeting raw water quantity requirements of 35 Ill. Adm. Code

604.502; or maintenance of treatment facilities capable of providing water "assuredly adequate in quantity"

as required by Section 18 of the Illinois Environmental Protection Act.

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

except for certain limited situations, or unless the supply has been granted a variance from the Illinois

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

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

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

final determination. This list reflects the status as of April 1, 2000.

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

NAME /COUNTY/FACILITY # EPA RGN. PROBLEM POP. SERVED

LISTING DATE

Acorn Acres Sbdv (Lake Co - 0975020)

Inadequate Pres Tank

250

12/16/83

Alden Long Grove Nursing Center(Lake Co - 0971090) 2

Inadequate Pres Tank

204

06/15/93

Bahl Wtr Corp (Jo Daviess Co - 0855200)

Inadequate Pres Storage

700

12/15/93

Biggsville (Henderson Co - 0710050)

Adjusted Gross Alpha

350

03/15/98

Blue Mound (Macon Co - 1150100)

Nitrate

1,165

03/15/97

Bonnie Lane Water Supply (Kendall Co - 0930010)

Inadequate Pres Tank

09/16/93

Bradford (Stark Co - 1750050)

Gross Alpha

650

06/15/98

Bradley Hts Sbdv (Winnebago Co - 2015050)

Inadequate Pres Tank

192

09/13/85

Bryant (Fulton Co - 0570200)

Gross Alpha

310

03/15/98

Buckingham (Kankakee Co - 0910250)

Inadequate Pres Tank

330

03/17/89

Campus (Livingston Co - 1050050)

Inadequate Pres Tank

230

03/20/81

Carroll Hts Utl Cmpny (Carroll Co - 0155200)

Inadequate Pres Tank

03/20/81

Century Pines Apts (Carroll Co - 0150020)

Inadequate Pres Tank

12/14/90

Claremont Hls Sbdv (McHenry Co - 1115080)

Inadequate Pres Tank

330

03/15/96

Clearview Sbdv (Will Co - 1975360)

Inadequate Pres Tank

420

01/13/82

Community Srvc Corp (McHenry Co - 1115350)

Inadequate Pres Tank

750

09/16/83

Coyne Cntr Coop (Rock Island Co - 1615150)

Inadequate Pres Tank

150

12/15/97

Cropsey Cmnty Wtr (McLean Co - 1135150)

Inadequate Pres Tank

03/20/81

Crystal Clear Wtr Cmpny (McHenry Co - 1115150)

Inadequate Pres Tank

900

09/16/88

Crystal Hts Assn (McHenry Co - 1115100)

Inadequate Pres Tank

06/17/96

Ctzns Liberty Ridge Dvn (DuPage Co - 0435650)

Iandequate Pres Tank

2,510

03/15/94

D and R Apts (Champaign Co - 0190030)

Inadequate Pres Tank

09/16/93

Deering Oaks Sbdv (McHenry Co - 1115200)

Inadequate Pres Tank

12/17/82

DeKalb Univ Dvl Corp (DeKalb Co - 0375148)

Inadequate Pres Tank

950

12/16/92

DeWitt Cnty NH (DeWitt Co - 0395129)

Inadequate Pres Tank

06/17/83

DL Well Owners Assn (Lake Co - 0975380)

Inadequate Pres Tank

125

03/18/83

Dover (Bureau Co - 0110350)

Inadequate Pres Tank

200

05/25/81

East Moreland Wtr Assn (Will Co - 1975600)

Inadequate Pres Tank

753

03/20/81

East Moreland Wtr Corp (Will Co - 1975640)

Inadequate Pres Tank

135

03/15/96

Echo Lake Wtr Sys Block 7 (Lake Co - 0975820)

Inadequate Pres Tank

09/16/83

Edelstein (Peoria Co - 1435150)

Adjusted Gross Alpha

125

03/15/98

Ellis Grove (Randolph Co - 1570200)

Trihalomethane

720

12/16/96

Elm Oak Mutual Wtr Syst (Lake Co - 0975736)

Inadequate Pres Tank

06/13/86

Emmett Utl Inc (McDonough Co - 1095200)

Inadequate Pres Tank

12/17/82

Evergreen Vlg Sbdv (Rock Island Co - 1615310

Inadequate Pres Tank

250

03/20/81

Fahnstock Court Sbdv (Peoria Co - 1435200)

Inadequate Pres Tank

05/25/81

Fair Acres Sbdv (Will Co - 1975680)

Inadequate Pres Tank

185

10/19/81

Forest Lake Addn (Lake Co - 0975500)

Inadequate Pres Tank

180

12/16/83

Frwrd-Skyline Cpy (Kane Co - 0895030)

Inadequate Pres Tank

1,300

09/19/86

Garden Street Imprv Assn (Will Co - 1975376)

Inadequate Pres Tank

09/15/89

Glasford (Peoria Co - 1430350)

Adjusted Gross Alpha

1,115

12/15/97

Glenkirk Campus North (Lake Co - 0977189)

Inadequate Pres Tank

06/15/88

Glenkirk Campus South (Lake Co - 0977199)

Inadequate Pres Tank

06/15/88

Good Shepherd Mnr (Kankakee Co - 0915189)

Inadequate Pres Tank

140

03/17/89

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

Inadequate Pres Tank

943

12/17/82

Greenwood Outback (LaSalle Co - 0990080)

Inadequate Pres Tank

12/15/98

Hawthorn Woods (Lake Co - 0970450)

Inadequate Pres Tank

800

03/15/95

Heatherfield Sbdv (Grundy Co - 0635150)

Inadequate Pres Tank

09/17/82

Hettick (Macoupin Co - 1170500)

Atrazine

250

03/15/99

Highland Lake Sbdv (Lake Co - 0975750)

Inadequate Pres Tank

294

03/20/81

Highland Sbdv (Kane Co - 0895530)

Inadequate Pres Tank

09/16/83

Hillview Sbdv (Will Co - 1975800)

Inadequate Pres Tank

03/15/85

Holy Family Villa (Cook Co - 0310280)

Inadequate Pres Tank

200

09/15/99

Huntley Cmnty Sbdv (Will Co - 1975840)

Inadequate Pres Tank

03/16/84

Ingalls Pk Sbdv (Will Co - 1975880)

Inadequate Pres Tank

690

09/16/83

Knoxville (Knox Co - 0950300)

Adjusted Gross Alpha

3,243

03/15/98

Lake Lynwood Wtr Sys (Henry Co - 0735330)

Inadequate Pres Tank

08/31/81

Lakeview Hills Wtr Supply Cp(Whiteside Co - 1955150)

Inadequate Pres Tank

146

03/20/81

Larchmont Sbdv (Winnebago Co - 2015290)

Inadequate Pres Tank

106

06/17/83

Larson Court Rentals (Rock Island Co - 1615728)

Inadequate Pres Tank

01/14/82

Legend Lakes Wtr Assn (Winnebago Co - 2015300)

Inadequate Pres Tank

225

03/14/91

Lemon Street Wl Cmpny Inc (Rock Island Co-1615550)

Inadequate Pres Tank

470

03/20/81

Liberty Park Homeowners Assn (DuPage Co - 0435600)

Inadequate Pres Tank

1,092

09/17/92

Lindenwood Wtr Assn (Ogle Co - 1415300)

Inadequate Pres Tank

01/13/82

Lisbon North Inc (Grundy Co - 0631000)

Inadequate Pres Tank

09/14/90

Little Swan Lake Sndst (Warren Co - 1875050)

Inadequate Pres Tank

250

03/15/98

London Mills (Fulton Co - 0574620)

Inadequate Pres Tank

670

12/14/84

Lynn Cntr (Henry Co - 0735100)

Inadequate Pres Tank

147

03/15/95

Lynnwood Water Corp (LaSalle Co - 0995336)

Inadequate Pres Tank

114

03/18/83

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

Inadequate Source

100

03/20/81

Maple Leaf Ests Wtr Corp (Monroe Co - 1335100)

Inadequate Pres Tank

03/20/81

Mapleton (Peoria Co - 1430500)

Adjusted Gross Alpha

350

03/15/98

Mayfair Sbdv (Tazewell Co - 1795750)

Inadequate Pres Tank

150

03/16/90

Mound PWD (St Clair Co - 1635050)

Inadequate Plant Capacity

1,800

06/17/96

*Mount Olive (Macoupin - 1170700)

Trihalomethane

2,150

03/15/00

*New Hope Wtrwks Corp (Wayne Co - 1915100)

Trihalomethane

676

03/15/00

Northwest Belmont Imprv Assn (DuPage Co - 0435900)

Inadequate Pres Tank

115

09/29/81

Oak Ridge Sndst (Woodford Co - 2035300)

Inadequate Pres Tank

240

03/20/81

Oakview Avenue Wtrwks Inc (Will Co - 1977210)

Inadequate Pres Tank

350

03/20/81

Olivet Nazarene College (Kankakee Co - 0915279)

Inadequate Pres Tank

1,450

03/15/94

Opheim PWS (Henry Co - 0735150)

Inadequate Pres Tank

150

06/18/82

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

Inadequate Pres Tank

115

12/15/89

Park Road Wtr Assn (Will Co - 1977330)

Inadequate Pres Tank

12/17/82

Park View Wtr Corp (Kane Co - 0895500)

Inadequate Pres Tank

150

12/17/82

Patoka (Marion Co - 1210400)

Inadequate Plant Capacity

731

03/15/97

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

Inadequate Pres Tank

12/17/82

Ports of Sullivan Lake Assn (Lake co - 0971160)

Inadequate Pres Tank

638

06/15/99

Prairie Ridge Assn (McHenry Co - 1115730)

Inadequate Pres Tank

140

03/16/90

Princeville (Peoria Co - 1430750)

Adjusted Gross Alpha

1,815

12/15/97

Ridgecrest North Sbdv (Grundy Co - 0635250)

Inadequate Pres Tank

09/16/93

Ridgewood Ledges Wtr Assoc(Rock Island Co-1615670)

Inadequate Pres Tank

475

03/20/81

Ridgewood Sbdv (Will Co - 1977650)

Inadequate Pres Tank

315

06/18/82

Sbdv Wtr Trust No 1 (Kane Co - 0895300)

Inadequate Pres Tank

1,120

03/20/81

*Scottville (Macoupin Co - 1170010)

Trihalomethane

510

3/15/00

Shawnita Trc Wtr Assn (Will Co - 1977690)

Inadequate Pres Tank

125

09/17/92

Skyview Estates (Kankakee Co - 0915526)

Inadequate Pres Tank

09/14/84

Sorento (Bond Co - 0050300)

Trihalomethane

750

09/16/96

Spring Creek Wtr Assn (Macoupin Co - 1175450)

Trihalomethane

09/16/96

St Charles Cmsn Wlfnd 3 (DuPage Co - 0437040)

Inadequate Pres Tank

12/15/89

Staunton Res Rd Wtr (Macoupin Co - 1175250)

Trihalomethane

12/16/96

Sturm Sbdv (Lake Co - 0977010)

Inadequate Pres Tank

03/16/84

Suburban Heights Sbdv (Rock Island Co - 1615800)

Inadequate Pres Tank

114

12/16/83

Summit Homeowners Assn (Lake Co - 0975280)

Inadequate Pres Tank

03/16/84

Sunnyland Sbdv (Will Co - 1977730)

Inadequate Pres Tank

350

09/16/83

Swedona Wtr Assn (Mercer Co - 1315200)

Inadequate Pres Tank

100

06/15/90

Sylvan Lake 1st Sbdv (Lake Co - 0977100)

Inadequate Pres Tank

210

06/14/91

Three County PWD (Madison Co - 1195450)

Trihalomethane

1,500

12/12/99

Toulon (Stark Co - 1750150)

Adjusted Gross Alpha

1,400

12/12/99

Towners Sbdv (Lake Co - 0977250)

Inadequate Pres Tank

238

01/14/82

Trivoli PWD (Peoria Co - 1435510)

Inadequate Pres Tank

350

06/17/83

Turkey Hollow Well Corp (Rock Island Co - 1615686)

Inadequate Pres Tank

06/18/82

Utl Inc Lake Holiday (LaSalle Co - 0995200)

Inad Source & Treat Plt

4,908

09/15/98

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

Inadequate Pres Tank

290

03/15/96

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

Inadequate Pres Tank

763

12/17/82

Wermes Sbdv (Kane Co - 0895750)

Inadequate Pres Tank

150

12/16/88

Salem (Edwards Co - 0470200)

Inadequte Treatment Plant

1,058

03/15/99

West Shoreland Sbdv (Lake Co - 0977050)

Inadequate Pres Tank

220

06/14/91

Westfield (Clark Co - 0230200)

Inadequate Water Source

700

06/15/93

Wienen Estates (Jo Daviess Co - 0850030)

Inadequate Pres Tank

12/15/97

Wonder Lake Wtr Cmpny (McHenry Co - 1115750)

Inadequate Pres Tank

1,161

06/16/94

Woodland Hts Ests Sbdv (Peoria Co - 1435760)

Inadequate Pres Tank

245

03/20/81

Woodsmoke Ranch Assn (LaSalle Co - 0990030)

Inadequate Pres Tank

350

06/15/90

York Cntr Coop (DuPage Co - 0437550)

Inadequate Pres Tank

240

06/15/88

2nd Street Wtr Assn (Lake Co - 0971140)

Inadequate Pres Tank

12/15/95

PUBLIC WATER SUPPLIES REMOVED FROM PREVIOUS LIST

Ashley (Washington Co - 1890100)

Belmont-Highwood PWD (DuPage Co - 0435180)

(Macoupin Co - 1170050)

Buck Lake Ests Sbdv (DeKalb Co - 0375100)

Byron Woods Sbdv (Rock Island Co - 1610070)

Coffeen (Montgomery Co - 1350150)

Hull (Pike Co - 1490350)

Hutsonville (Crawford Co - 0330100)

Kaho PWD (Macoupin Co - 1170030)

Maple Hill Imprv Assn (DuPage Co - 0435800)

Mount Gilead Shlcrhm (Greene Co - 0615129)

Sawyerville (Macoupin Co - 1170850)

Shipman (Macoupin Co - 1170950)

Taylor Springs (Montgomery Co - 1350650)

White City (Macoupin Co - 1171150)

Wilsonville (Macoupin Co - 1171200)

IEPA Critical Review List

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

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

the Illinois Environmental Protection Act.

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

of the violations which would place it on the Restricted Status List.

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

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

final determination. This list reflects the status as of April 1, 2000.

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

NAME /COUNTY/FACILITY # EPA RGN. PROBLEM POP. SERVED

LISTING DATE

Bayles Lake Lot Owners Assn (Iroquois Co - 0755110)

Inadequate Pres Tank

442

03/15/98

Bluford (Jefferson Co - 0810100)

Low System Pressure

465

03/20/81

Browning (Schuyler Co - 1690050)

Inadequate Source

495

03/15/98

Ctzns Chickasaw Hills Div (Will Co - 1975320)

Low System Pressure

7,700

09/17/92

Clayton Camp Point Wtr Cmsn (Adams Co - 0015200)

Inad Pumping Capacity

1,200

09/15/98

Clinton (DeWitt Co - 0390050)

Inad Plant Capacity

7,437

06/14/91

Columbia (Monroe Co - 1330050)

Inad Pumping Capacity

5,893

03/15/98

DePue (Bureau Co - 0110300)

Inad Treatment Plant

1,930

12/15/93

Elizabeth (Jo Daviess Co - 0850150)

Low System Pressure

700

06/15/99

Evansville (Randolph Co - 1570250)

Low System Pressure

1,838

05/25/81

Galena (Jo Daviess Co - 0850200)

Low System Pressure

3,790

06/15/99

Georgetown (Vermilion Co - 1830350)

Inadequate Water Plant

3,678

06/15/93

Highland Hills Sndst (DuPage Co - 0435560)

Inadequate Pres Tank

1,100

09/17/92

Homer (Champaign Co - 0190300)

Inadequate Source

1,300

03/15/94

Joy (Mercer Co - 1310100)

Low System Pressure

495

06/15/99

Kincaid (Christian Co - 0210250)

Plant Capacity

2,640

06/14/85

LaMoille (Bureau Co - 0110500)

Inadequate Plant Capacity

750

06/15/99

Lee (Lee Co - 1034600)

Inadequate Pres Tank

350

03/15/98

McHenry Shores Wtr Cmpny (McHenry Co - 1115020)

Low System Pressure

1,170

09/17/92

Mechanicsburg Buffalo Wtr (Sangamon Co - 1675150)

Inadequate Source

1,030

03/15/98

Pearl (Pike Co - 1490650)

Inadequate Pres Tank

322

09/17/82

Pheasant Knolls Sbdv (Lake Co - 0970290)

Inadequate Pres Tank

130

09/15/98

Scales Mound (Jo Daviess Co - 0850400)

Low System Pressure

400

09/15/97

Seneca (LaSalle Co - 0991050)

Inadequate Plant Capacity

1,937

06/15/99

South Highway PWD (Jackson Co - 0775400)

Low System Pressure

8,189

06/15/92

Stockton (Jo Daviess Co - 0850450)

Low System Pressure

1,900

06/15/84

Sumner (Lawrence Co - 1010300)

Low System Pressure

1,553

12/13/85

Tower Ridge Sbdv (Rock Island Co - 1615780)

Inadequate Pres Tank

03/15/94

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

Low Sys Pres &

800

09/14/84

Inad Pres Storage

Walnut Hill (Marion Co - 1210600)

Low System Pressure

1,200

06/14/85

Wonder Lake Wtr Cmpny (McHenry Co - 1115750)

Inadequate Storage

1,080

12/14/90

Board Actions

March 2, 2000

Springfield, Illinois

Rulemakings

R00-13

In the Matter of: RCRA Subtitle C Hazardous Waste Update, USEPA

Amendments (July 1, 1999 through December 31, 1999) - The Board adopted

a proposal for public comment in this “identical-in-substance” rulemaking to

amend the Board’s hazardous waste regulations.

Vote 6-0

R00-17

In the Matter of: Amendments to 35 Ill. Adm. Code Part 617, Regulated

Recharge Area for Pleasant Valley Water District - The Board accepted for

hearing the Illinois Environmental Protection Agency’s February 14, 2000

proposal to amend the Board’s public water supply.

Vote 6-0

Administrative Citations

AC 00-3

et al.

(Cons.)

AC 00-64

AC 00-65

AC 00-66

County of Sangamon v. ESG Watts, Inc. - The Board accepted for hearing the

three most recently-filed petitions against ESG Watts, Inc., those filed in AC

00-64, 65, and 66 for hearing; the Board had previously accepted for hearing

34 earlier-filed petitions for review. The Board, on its own motion

consolidated, for purposes of hearing, all 37 of the currently pending

administrative citations against ESG Watts, Inc. pursuant to 35 Ill. Adm. Code

103.141.

Vote 6-0

AC 00-62

Wayne County Health Department v. John Heern - The Board found that this

Wayne County respondent violated Section 21(p)(1) of the Act (415 ILCS

5/21(p)(1) (1998)), and ordered respondent to pay a civil penalty of $500.

Vote 6-0

AC 00-69

IEPA v. Raymond Pollock - The Board accepted for hearing this petition for

review of an administrative citation against this Douglas County respondent.

Vote 6-0

Adjudicatory Cases

∙

Decisions

PCB 96-261

People of the State of Illinois v. G.M. Demolition Corporation - The Board

granted relief from the hearing requirement of Section 31(c)(2) of the

Environmental Protection Act (415 ILCS 5/31(c)(2) (1998)), accepted a

stipulation and settlement agreement in this air enforcement action

concerning asbestos demolition and renovation activity performed at various

sites in Cook and Kankakee Counties, ordered the respondent to pay a civil

penalty of $8,000, and to cease and desist from further violations.

Vote 6-0

PCB 98-114

David Mulvain v. Village of Durand - The Board found that respondent

violated Sections 12(a) and (f) of the Act (415 ILCS 5/21(a), 21(f) (1998)) and

35 Ill. Adm. Code 306.303 and 306.304, found that a civil penalty was not

necessary, and directed respondent to cease and desist from further

violations.

Vote 6-0

PCB 00-25

KRKH, Inc. v. IEPA, Studio 21 Limited, Joe and Theresa Sclafini, and

Midwest Bank and Trust As Trustee Under Trust No. 74-11-1383 - The Board

granted this DuPage County facility an exception to the prohibition of siting

a new potential source within the setback zone of a potable water supply

well, pursuant to Section 14.2(c) of the Environmental Protection Act (415

ILCS 5/14.2(c) (1998)), subject to conditions.

Vote 5-0

Melas

abstained

PCB 00-68

Village of White City v. IEPA - The Board granted this Macoupin County

facility a variance from the public water supply regulations found at 35 Ill.

Adm. Code 602.105(a), 602.106(a), and 611.310(c), subject to conditions.

Vote 6-0

PCB 00-114

Three County Public Water District v. IEPA - The Board granted this

Madison County facility a variance from the public water supply regulations

found at 35 Ill. Adm. Code 602.105(a), 602.106(a), and 611.310(c), subject to

conditions.

Vote 6-0

Motions and Other Matters

PCB 96-209

People of the State of Illinois v. Macon County Landfill Corporation - Upon

receipt of three separate citizens’ request for hearing, the Board denied the

request for relief from the hearing requirement of Section 31(c)(2) of the

Environmental Protection Act (415 ILCS 5/31(c)(2) (1998)), and ordered this

land enforcement action to proceed to hearing.

Vote 6-0

PCB 97-50

Lionel Trepanier, Wes Wager, Maureen Minnick, Lorenz Joseph, Maxworks

Garden Cooperative and Avi Pandya v. Speedway Wrecking Company and

the Board of Trustees of the University of Illinois - The Board denied

complainants’ motions to vacate the Board’s January 6, 2000 order and for a

rehearing.

Vote 6-0

PCB 97-75

People of the State of Illinois v. John Jankowski - The Board granted

complainant’s motion for voluntary dismissal of this land enforcement action

involving a Lake County facility.

Vote 6-0

PCB 98-59

Morton College Board of Trustees of Illinois Community College District No.

527 v. Town of Cicero - The Board granted complainant’s motion to

voluntarily dismiss its complaint and directed the third-party complainant to

show why the third-party complaint should not be dismissed as moot by

March 9, 2000.

Vote 6-0

PCB 98-149

North Shore Sanitary District v. IEPA - The Board granted petitioner’s motion

for voluntary dismissal of this permit appeal involving a Lake County facility.

Vote 6-0

PCB 99-152

People of the State of Illinois v. Eagle-Picher Industries - The Board granted

complainant’s first amended motion to correct misnomer and to amend the

complaint and to file a first amended complaint.

Vote 6-0

PCB 00-92

Colony of Longmeadow HOA v. Dominick’s (Mundelein Facility) - The Board

granted the motion for leave to file an amended formal complaint adding

respondents and accepted the amended complaint filed in response to the

Board’s January 6, 2000 order.

Vote 6-0

PCB 00-137

Berwyn Auto Service v. IEPA - The Board granted this request for a 90-day

extension of time to file an underground storage tank appeal on behalf of this

Cook County facility.

Vote 6-0

PCB 00-138

Granite City Sheet Metal v. IEPA - The Board granted this request for a 90-

day extension of time to file an underground storage tank appeal on behalf of

this Madison County facility.

Vote 6-0

PCB 00-139

L. Wolf Company v. IEPA - The Board granted this request for a 90-day

extension of time to file an underground storage tank appeal on behalf of this

Madison County facility.

Vote 6-0

March 16, 2000

Chicago, Illinois

Rulemakings

R97-8

In the Matter of: Revision of the Board’s Procedural Rules: 35 Ill. Adm. Code

101-130 - On its own motion, the Board dismissed this docket to amend the

Board’s procedural rules.

Vote 5-0

R00-18

In the Matter of: Conforming and Technical Amendments to 35 Ill. Adm. Code

809 - On its own motion, the Board issued a first-notice opinion and order in

this matter to amend the Board’s solid waste and special waste hauling

regulations.

Vote 5-0

R00-20

In the Matter of: Revision of the Board’s Procedural Rules: 35 Ill. Adm. Code

101-130 - On its own motion, the Board issued a first-notice opinion and order

in this matter proposing to amend the Board’s procedural rules and scheduling

hearings April 11, and May 4, 2000.

Vote 5-0

Adjusted Standard

AS 96-10

In the Matter of Petition of Commonwealth Edison Company for an Adjusted

Standard from 35 Ill. Adm. Code 302.211(d) and (e) -The Board granted the joint

motion of Commonwealth Edison Company (ComEd) and Midwest Generation

to reopen this docket and substitute Midwest Generation as the petitioner and

holder of the adjusted standard previously granted to ComEd in an order dated

October 3, 1996.

In re

Petition of Commonwealth Edison Company for an

Adjusted Thermal Standard from 35 Ill. Adm. Code 302.211(d) and (e) (October

3, 1996), AS 96-10.

Vote 5-0

Administrative Citations

AC 00-33

County of Sangamon v. American Tree Service, Roy F. Throop - The Board

granted respondent’s motion for reconsideration of the January 20, 2000 Board

Order, and reinstated the petition for review, which will proceed to hearing.

Vote 4-0

Kezelis

abstained

AC 00-67

IEPA v. Tony Brown - The Board found that this Champaign County

respondent violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (1998)), and

ordered respondent to pay a civil penalty of $500.

Vote 5-0

Adjudicatory Cases

∙

Decisions

PCB 00-57

People of the State of Illinois v. J&J Services, Inc. - The Board granted relief

from the hearing requirement of Section 31(c)(2) of the Environmental

Protection Act (415 ILCS 5/31(c)(2) (1998)), accepted a stipulation and

settlement agreement in this air enforcement action concerning a facility located

Jefferson

County, Illinois, and ordered the respondent to pay a civil penalty

$7,500

, and to cease and desist from further violations.

Vote 5-0

PCB 00-97

People of the State of Illinois v. Southern Mold, Inc. - The Board granted relief

from the hearing requirement of Section 31(c)(2) of the Environmental

Protection Act (415 ILCS 5/31(c)(2) (1998)), accepted a stipulation and

settlement agreement in this air enforcement action concerning a facility located

Williamson

County, Illinois, and ordered the respondent to pay a civil

penalty of

$500

, and to cease and desist from further violations.

Vote 5-0

∙

Provisional Variances

PCB 00-152

The United States Army Corps of Engineers-Crab Orchard v. IEPA - Upon

receipt of an Illinois Environmental Protection Agency recommendation, the

Board granted this Williamson County facility a 45-day provisional variance,

subject to conditions, from 35 Ill. Adm. Code 237.102, which prohibits open

burning.

Vote 5-0

Motions and Other Matters

PCB 95-109

ESG Watts, Inc. v. IEPA -

The Board grant

petitioner’

s motion for leave to

file its response

and

grant

ed respondent’s

motion for summary judgment.

Vote 5-0

PCB 95-110

ESG Watts, Inc. v. IEPA -

The Board grant

petitioner’

s motion for leave to

file its response

and

grant

ed respondent’s

motion for summary judgment.

Vote 5-0

PCB 95-163

People of the State of Illinois v. Clark Refining & Marketing, Inc. - The Board

granted respondent’s motion to amend the partial stipulation and proposal for

settlement previously accepted by the Board on November 22, 1996.

Additionally, upon receipt of a proposed stipulation and settlement agreement

and an agreed motion to request relief from the hearing requirement in this land

enforcement action involving a facility located in Madison County, the Board

ordered publication of the required newspaper notice.

Vote 5-0

PCB 97-59

People of the State of Illinois v. Rockford Speedway, Inc. - Upon receipt of a

proposed stipulation and settlement agreement and an agreed motion to

request relief from the hearing requirement in this land enforcement action

involving a facility located in Winnebago County, the Board ordered

publication of the required newspaper notice.

Vote 5-0

PCB 97-103

People of the State of Illinois v. State Oil Company, William Anest, f/d/b/a S&S

Petroleum Products, Peter Anest, f/d/b/a S&S Petroleum Products, Charles

Abraham, Josephine Abraham, and Milstream Service, Inc. - The Board granted

cross-complainants’ motion for leave to file a second amended cross-complaint.

Vote 5-0

PCB 97-193

People of the State of Illinois v. Community Landfill Company, Inc. - The Board

denied respondent’s motion to dismiss the second amended complaint and

ordered this matter to proceed to hearing.

Vote 5-0

PCB 98-59

Town of Cicero v. National Jockey Club - The Board granted third-party

complainant’s motion to voluntarily dismiss its complaint.

Vote 5-0

PCB 98-107

Rogers O’Hare Motor Terminal Limited v. ABF Freight Systems, Inc. - The

Board granted complainant's motion for voluntary dismissal of this

underground storage tank appeal involving a Cook County facility.

Vote 5-0

PCB 00-106

Village of Downers Grove v. IEPA - Having previously granted a request for a

90-day extension, the Board dismissed this matter because no underground

storage tank appeal was timely filed on behalf of this DuPage County facility.

Vote 5-0

PCB 00-107

The Dow Chemical Company (Joliet Plant) v. IEPA - Having previously granted

a request for a 90-day extension, the Board dismissed this matter because no

permit appeal was timely filed on behalf of this Will County facility.

Vote 5-0

PCB 00-116

Fox River Water Reclamation District v. IEPA - Having

received a petition for

review

on behalf of this Kane County facility, which was docketed in as PCB

00-147, the Board dismissed this reserved docket as unnecessary.

Vote 5-0

PCB 00-133

John M. Giertych, Oak Ridge Property Owners v. Tyson Corporation - The

Board granted respondents’ motion for extension of time to file a response.

Vote 5-0

PCB 00-140

Gladys L. Knox and David A. Knox v. Turris Coal Company and AEI Resources,

Inc. - The Board granted respondents’ motion for extension of time to file a

response.

Vote 4-0

Manning

abstained

PCB 00-141

E.G. Vogt Oil Company, Inc. v. IEPA - The Board granted this request for a 90-

day extension of time to file an underground storage tank appeal on behalf of

this Madison County facility.

Vote 5-0

PCB 00-142

People of the State of Illinois v. Keystone Consolidated Industries, Inc., d/b/a

Keystone Steel & Wire Company - The Board accepted for hearing this

Resource Conservation and Recovery Act enforcement action against this

Peoria County facility.

Vote 5-0

PCB 00-144

Federal-Mogul Corporation v. IEPA - The Board granted this request for a 90-

day extension of time to file an underground storage tank appeal on behalf of

this Cook County facility.

Vote 5-0

PCB 00-145

Marathon Ashland Petroleum, L.L.C. v. IEPA - The Board granted this request

for a 90-day extension of time to file an underground storage tank appeal on

behalf of this DuPage County facility.

Vote 5-0

PCB 00-146

C.C. Dillon Company v. Office of the State Fire Marshal - The Board accepted

for hearing this underground storage tank appeal involving a Madison County

facility.

Vote 5-0

PCB 00-147

Fox River Water Reclamation District v. IEPA - The Board accepted for hearing

this permit appeal involving a Kane County facility.

Vote 5-0

PCB 00-149

Northwestern Steel and Wire Company v. IEPA - The Board granted this

request for a 90-day extension of time to file a permit appeal on behalf of this

Whiteside County facility.

Vote 5-0

PCB 00-150

AC Humko (Morgan Specialties) v. IEPA - The Board granted this request for a

90-day extension of time to file a permit appeal on behalf of this Edgar County

facility.

Vote 5-0

PCB 00-151

People of the State of Illinois v. Cleveland Steel Container Corporation - The

Board accepted for hearing this air enforcement action against this Will County

facility.

Vote 5-0

New Cases

March 2, 2000 Board Meeting

00-137

Berwyn Auto Service v. IEPA - The Board granted this request for a 90-day extension of time to

file an underground storage tank appeal on behalf of this Cook County facility.

00-138

Granite City Sheet Metal v. IEPA - The Board granted this request for a 90-day extension of time

to file an underground storage tank appeal on behalf of this Madison

County facility.

00-139

L. Wolf Company v. IEPA - The Board granted this request for a 90-day extension of time to file

an underground storage tank appeal on behalf of this Madison

County facility.

00-140

Gladys L. Knox and David A. Knox v. Turris Coal Company and AEI Resources, Inc. - The

Board held for a later duplicitous/frivolous determination this citizens’ noise enforcement action

involving a Sangamon County facility.

AC 00-70

IEPA v. American Disposal Services of Illinois, Inc. and Dave Bryant - The Board accepted

an administrative citation against these Livingston County respondents.

R00-17

In the Matter of: Amendments to 35 Ill. Adm. Code Part 617, Regulated Recharge Area for

Pleasant Valley Public Water District- The Board accepted the Illinois Environmental Protection

Agency’s February 14, 2000 proposal to amend the Board’s public water supply for hearing.

March 16, 2000 Board Meeting

00-141

E.G. Vogt Oil Company, Inc. v. IEPA - The Board granted this request for a 90-day extension of

time to file an underground storage tank appeal on behalf of this Madison County facility.

00-142

People of the State of Illinois v. Keystone Consolidated Industries, Inc., d/b/a Keystone Steel &

Wire Company - The Board accepted for hearing this Resource Conservation and Recovery Act

enforcement action against this Peoria County facility.

00-143

Curtis Masterson v. City of Fairfield - The Board held for a later duplicitous/frivolous

determination this citizen’s air enforcement action involving a Wayne County facility.

00-144

Federal-Mogul Corporation v. IEPA - The Board granted this request for a 90-day extension of

time to file an underground storage tank appeal on behalf of this Cook County facility.

00-145

Marathon Ashland Petroleum, L.L.C. v. IEPA - The Board granted this request for a 90-day

extension of time to file an underground storage tank appeal on behalf of this Dupage County facility.

00-146

C.C. Dillon Company v. Office of the State Fire Marshal - The Board accepted for hearing this

underground storage tank appeal involving a Madison County facility.

00-147

Fox River Water Reclamation District v. IEPA - The Board accepted for hearing this permit

appeal involving a Kane County facility.

00-148

Wayne and Sonja Hall v. Richard L. Miller and Mary J. Miller d/b/a R&M Metals - The Board

held for a later duplicitous/frivolous determination this citizens’ noise enforcement action involving a

Douglas County facility.

00-149

Northwestern Steel and Wire Company v. IEPA - The Board granted this request for a 90-day

extension of time to file a permit appeal on behalf of this Whiteside County facility.

00-150

AC Humko (Morgan Specialties) v. IEPA - The Board granted this request for a 90-day

extension of time to file a permit appeal on behalf of this Edgar County facility.

00-151

People of the State of Illinois v. Cleveland Steel Container Corporation - The Board accepted for

hearing this air enforcement action against this Will County facility.

00-152

The United States Army Corps of Engineers-Crab Orchard v. IEPA - Upon receipt of an Illinois

Environmental Protection Agency recommendation, the Board granted this Williamson County facility a

45-day provisional variance, subject to conditions, from 35 Ill. Adm. Code 237.102, which prohibits open

burning.

AC 00-72

IEPA v. Carl White - The Board accepted an administrative citation against this Jefferson

County respondent.

R00-18

In the Matter of: Conforming and Technical Amendments to 35 Ill. Adm. Code 809 - On its own

motion, the Board issued a first-notice opinion and order in this matter to amend the Board’s solid

waste and special waste hauling regulations.

R00-20

In the Matter of: Revision of the Board’s Procedural Rules: 35 Ill. Adm. Code 101-130 - On its

own motion, the Board issued a first-notice opinion and order in this matter proposing to amend the

Board’s procedural rules and scheduling hearings April 11, and May 4, 2000.

Calendar

4/11/2000

1:30 pm

R00-20

In the Matter of: Revision of the Board’s

Procedural Rules: 35 Ill. Adm. Code 101-

130

Illinois Pollution Control

Board

Hearing Room 403

600 South Second Street

Springfield, IL

4/18/2000

9:30 am

PCB 96-209

People of the State of Illinois v. Macon

County Landfill Company

Macon County Building

Room 507

253 East Wood

Decatur, IL

4/19/2000

9:30 am

PCB 96-209

People of the State of Illinois v. Macon

County Landfill Company

Macon County Building

Room 507

253 East Wood

Decatur, IL

4/20/2000

10:30 am

Illinois Pollution Control Board

Meeting

James R. Thompson

Center

100 W. Randolph Street

Room 9-040

Chicago, IL

4/20/2000

1:00 pm

R00-18

In the Matter of: Conforming and

Technical Amendments to 35 Ill. Adm.

Code 809

James R. Thompson Center

Room 9-039

100 W. Randolph Street

Chicago, IL

5/2/2000

9:30 am

PCB 00-124

Agrium U.S., Inc. v. IEPA

Municipal Building

Council Chambers

426 East Park Row

Henry, IL

5/3/2000

PCB 00-124

Agrium U.S., Inc. v. IEPA

Municipal Building

Council Chambers

426 East Park Row

Henry, IL

5/4/2000

9:00 am

PCB 96-119

People of the State of Illinois v. We

Shred It, Incorporated

Christian County

Couthouse

County Board Room

101 South Main Street

Taylorville, IL

5/4/2000

10:30 am

Illinois Pollution Control Board

Meeting

James R. Thompson

Center

100 W. Randolph Street

Room 2-025

Chicago, IL

5/4/2000

1:30 pm

R00-20

In the Matter of: Revision of the Board’s

Procedural Rules: 35 Ill. Adm. Code 101-

130

James R. Thompson Center

Room 9-040

100 W. Randolph Street

Chicago, IL

5/5/2000

9:00 am

PCB 96-119

People of the State of Illinois v. We

Shred It, Incorporated

Christian County

Couthouse

County Board Room

101 South Main Street

Taylorville, IL

5/9/2000

9:30 am

PCB 99-69

Land and Lakes Company v. Randolph

County Board of Commissioners

Randolph County

Courthouse

Third Floor Lounge

1 Taylor Street

Chester, IL

5/9/2000

11:00 am

R00-17

In the Matter of: Proposed Regulated

Recharge Area for Pleasant Valley Public

Water District, Proposed Amendments to

35 Ill. Adm. Code Part 617

Peoria County Courthouse

Board Room

324 Main Street

Peoria, IL

5/10/2000

9:30 am

PCB 99-69

Land and Lakes Company v. Randolph

County Board of Commissioners

Randolph County

Courthouse

Third Floor Lounge

1 Taylor Street

Chester, IL

5/16/2000

9:30 am

PCB 99-127

Ted Harrison Oil Company v. IEPA

Illinois Pollution Control

Board

Hearing Room 403

600 S. Second Street

Springfield, IL

5/17/2000

9:30 am

PCB 99-127

Ted Harrison Oil Company v. IEPA

Illinois Pollution Control

Board

Hearing Room 403

600 S. Second Street

Springfield, IL

5/18/2000

9:30 am

R00-18

In the Matter of : Conforming and

Technical Amendments to 35 Ill. Code

809

Illinois Pollution Control

Board

Hearing Room 403

600 South Second Street

Springfield, IL

5/18/2000

10:30 am

Illinois Pollution Control Board

Meeting

Illinois Pollution Control

Board

Hearing Room 403

600 S. Second Street

Springfield, IL

5/23/2000

9:30 am

PCB 99-19

Anthony and Karen Roti, Paul

Rosenstrock, and Leslie Weber v. LTD

Commodities

Libertyville Village Hall

118 West Cook Avenue

Libertyville, IL

5/24/2000

9:30 am

PCB 99-19

Anthony and Karen Roti, Paul

Rosenstrock, and Leslie Weber v. LTD

Commodities

Libertyville Village Hall

118 West Cook Avenue

Libertyville, IL

5/25/2000

9:30 am

PCB 99-19

Anthony and Karen Roti, Paul

Rosenstrock, and Leslie Weber v. LTD

Commodities

Libertyville Village Hall

118 West Cook Avenue

Libertyville, IL