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
2
Web Site: http://www.ipcb.state.il.us
Letter From the Chairman
In response to public concern about potential environmental
threats from the recent proliferation of natural gas-fired, peak-
load electrical power generating facilities, commonly known as
“peaker plants,” Governor George H. Ryan has asked the Board
to conduct inquiry hearings. Specifically, the Governor has
requested that the Board hold these public hearings to gather
information on five issue areas concerning peaker plants.
The Board has docketed the matter as R01-10, In the Matter of:
Natural Gas-Fired, Peak-Load Electrical Power Generating
Facilities (Peaker Plants), and has set the matter for seven days of hearings to be held in five
different locations. The Board’s Order and Notice of Hearings in this matter can be found at the
Board’s Web site at www.ipcb.state.il.us. The Board will continue to post any additional
information regarding this matter on its Web site. Anyone who wishes to be placed on the
formal “Notice List” in this proceeding to receive copies of future Board orders and hearing
officer orders, should contact Kim Schroeder at (217) 782-2633 or by e-mail at
schroedk@ipcb.state.il.us.
In addition to conducting the Peaker Inquiry Hearings, the Board has a heavy hearings calendar
for the rest of the year. Pending are regulatory hearings on proposed amendments to Tiered
Approach to Corrective Actions Objectives (TACO), R00-19; Clean Air Act rulemakings on NOx,
R01-09; amendments to the Diesel Opacity Rules Required by P.A. 91-254 and P.A. 91-865;
R01-08. Additionally, the Board is busy reviewing all the excellent public comments we
received in our First Notice publication of our proposed Procedural Rules. We hope to move
these rules to Second Notice sometime this fall – with a planned implementation date of
January 1, 2001.
For information on the status of these rulemakings, or any ongoing activity at the Board, see the
Board’s Web site. This site was recently described as “easily one of the better state agency
sites on the Internet today” by the Illinois State Bar Association in its most recent
Environmental
Law
newsletter. The Board and its staff are very happy to be recognized as a leader in the
delivery of public information, and the performance of public service, for the betterment of
Illinois’ environment.
Yours,
Claire A. Manning, Chairman
Environmental Register - June 2000
3
Inside This Issue:
FEDERAL UPDATE P. 1
APPELLATE UPDATE P. 5
RULE UPDATE P. 6
IEPA RESTRICTED STATUS LIST P. 7
IEPA CRITICAL REVIEW LIST P. 13
BOARD ACTIONS P. 15
NEW CASES P. 22
BOARD CALENDAR P. 24
Back to top
Federal Update
USEPA Proposes Air Rules for Heavy-Duty Engine and Vehicle Standards and Highway Diesel Fuel Sulfur
Control
On June 2, 2000, the United States Environmental Protection Agency (USEPA) proposed amendments for the
control of air pollution from new motor vehicles for heavy-duty engines and highway diesel fuel sulfur control
requirements. 65 Fed. Reg. 35478 (June 2, 2000).
USEPA is proposing new emission standards that would begin to take effect in 2007, and would apply to heavy-duty
highway engines and vehicles. The proposed standards are based on the use of high-efficiency catalytic exhaust
emission control devices or comparable effective advanced technologies. Because these devices are damaged by
sulfur, USEPA is also proposing to significantly reduce the level of sulfur in highway diesel fuel by the middle of
2006.
USEPA predicts that by 2007, heavy-duty trucks and buses will account for as much as 30 percent of nitrogen oxides
emissions from transportation sources and 14 percent of particulate matter emissions. USEPA expects proposed
standards for heavy-duty vehicles to have a substantial impact on the mobile source inventories of oxides of nitrogen
and particulate matter. USEPA believes the proposed program will result in particulate matter and oxides of
nitrogen emission levels that are 90 percent and 95 percent below current standards levels, respectively. In order to
meet these more stringent standards for diesel engines, the proposal calls for a 97 percent reduction in the sulfur
content of diesel fuel. As a result, diesel vehicles should achieve gasoline-like exhaust emission levels, in addition to
their inherent advantages over gasoline vehicles with respect to fuel economy, lower greenhouse gas emissions, and
lower evaporative hydrocarbon emissions.
USEPA is also proposing more stringent standards for heavy-duty gasoline vehicles. By 2030, USEPA expects this
program to reduce annual emissions of nitrogen oxides, non-methane hydrocarbons, and particulate matter by a
projected 2.8 million, 305,000 and 110,000 tons, respectively. USEPA projects that these reductions and the
resulting environmental benefits of this program would come at an average cost increase of approximately $1,700 to
4
$2,800 per new vehicle in the near term and $1000 to $1600 per new vehicle in the long term, depending on the
vehicle size.
Comments must be received by August 14, 2000. For further information contact Margaret Borushko at 734/214-
4334; e-mail address: borushko.margaret@epa.gov.
If these rules are adopted by USEPA, the Board would expect the Illinois Environmental Protection Agency to
propose similar State rules for adoption using the Clean Air Act “fast-track” procedures at Section 28.5 of the
Environmental Protection Act (415 ILCS 5/28.5 (1998)).
USEPA Withdraws Direct Final Rule
and Reopens Comment Period for Interim Enhanced Surface Water
Treatment Rule, Stage 1 DBPR, and State Primacy Requirements
On June 13, 2000, the United States Environmental Protection Agency (USEPA) withdrew the direct final rule
regarding the Interim Enhanced Surface Water Treatment Rule (IESWTR), the Stage 1 Disinfectants and
Disinfection Byproducts Rule (Stage 1 DBPR), and the State Primacy Requirements to Implement the Safe Drinking
Water Act Amendments. 65 Fed. Reg. 37052 (June 13, 2000). In the direct final rule, USEPA stated that if it
received adverse comments by May 15, 2000, it would publish a timely withdrawal in the
Federal Register
. USEPA
subsequently received adverse comments.
On June 13, 2000, USEPA also reopened the comment period for the proposed IESWTR, Stage 1 DBPR, and State
Primacy Requirements rule, and all written comments must be received by July 13, 2000. 65 Fed. Reg. 37092 (June
13, 2000). The comments will be addressed in a final rule based upon the proposed rule published on April 14, 2000
(65 Fed. Reg. 20314).
For further information contact Jennifer Melch at 202/260-7035. Information may also be obtained from USEPA’s
Safe Drinking Water Hotline at 800/426-4791.
USEPA Extends Comment Period for National Primary Drinking Water Regulations Proposed Groundwater
Rule
On June 14, 2000, the United States Environmental Protection Agency (USEPA) provided notice to extend the
public comment period for the proposed Groundwater Rule (GWR). 65 Fed. Reg. 37331 (June 14, 2000). The
proposed GWR was published in the
Federal Register
on May 10, 2000. 65 Fed. Reg. 30194. The proposed GWR
requirements provide an opportunity to reduce public health risks associated with the consumption of waterborne
pathogens from fecal contamination for a substantial number of people served by groundwater sources.
The proposed strategy addresses risks through a multiple-barrier approach that relies on five major components: (1)
periodic sanitary surveys of ground water systems requiring the evaluation of eight elements and the identification of
significant deficiencies; (2) hydrogeologic assessments to identify wells sensitive to fecal contamination; (3) source
water monitoring for systems drawing from sensitive wells without treatment or with other indications of risk; (4) a
requirement for correction of significant deficiencies and fecal contamination (by eliminating the source of
contamination, correcting the significant deficiency, providing an alternative source water, or providing a treatment
which achieves at least 99.99 percent (4-log) inactivation or removal of viruses); (5) and compliance monitoring to
ensure disinfection treatment is reliably operated where it is used.
USEPA must receive public comments on the proposed regulations by August 9, 2000. For further information
contact Jennifer Melch at 202/260-7035. Information may also be obtained from USEPA’s Safe Drinking Water
Hotline at 800/426-4791.
USEPA Extends Comment Period for Definition of Fill Material and Discharge of Fill Material
On June 16, 2000, the United States Environmental Protection Agency (USEPA) extended the public comment
period for the proposed revisions to the Clean Water Act (CWA) (33 U.S.C. §§ 1251
et seq
. (1996)) regulatory
definitions of “fill material” and “discharge of fill material.” 65 Fed. Reg. 37738 (June 16, 2000).
Environmental Register - June 2000
5
On April 20, 2000, the Department of the Army (Army) and USEPA jointly proposed to revise their CWA
regulations defining the term “fill material.” 65 Fed. Reg. 21292 (April 20, 2000). Currently, the Army and USEPA
definitions of “fill material” differ from each other. The proposed rule would amend both the Army and USEPA
definitions of “fill material” to provide a single definition of that term, and thus ensure proper, consistent, and more
effective regulation under CWA of materials that have the effect of replacing any portion of a water of the United
States with dry land or of changing the bottom elevation of any portion of a water of the United States. The Army
and USEPA sought comment on the proposed rule by June 19, 2000. In response to comments from the public
requesting additional time to fully analyze the issues and prepare comments, they are extending the comment period
on the proposed rule to July 19, 2000.
For further information contact Thaddeus Rugiel, U.S. Army Corps of Engineers, at 202/761-0199; e-mail address:
Thaddeus.J.Rugiel@ HQ02.USACE.ARMY.MIL, or John Lishman, USEPA, at 202/260-9180; e-mail address:
lishman.john@epa.gov.
USEPA Adopts Final Rule for National Emission Standards for Hazardous Air Pollutants Group I and
Group IV Polymers and Resins
On June 19, 2000, the United States Environmental Protection Agency (USEPA) promulgated a final rule for
National Emission Standards for Hazardous Air Pollutants (NESHAP) Group I and Group IV Polymers and Resins.
65 Fed. Reg. 38029 (June 19, 2000).
On September 5, 1996 and September 12, 1996, USEPA promulgated NESHAP for Group I and Group IV Polymers
and Resins, respectively. In November 1996, petitions for review of the Group I and IV Polymers and Resins rules
were filed in the United States Court of Appeals for the District of Columbia Circuit. The petitioners raised
numerous technical issues and concerns with these rules. In addition, on January 17, 1997, amendments to the
Synthetic Organic Chemical Manufacturing Industry NESHAP (Hazardous Organic NESHAP, or HON) were
promulgated; HON is heavily referenced by both of the Group I and IV Polymers and Resins NESHAP. On March
9, 1999, USEPA proposed amendments to the Group I and IV Polymers and Resins NESHAP to address the issues
raised by the petitioners and to update the rules as necessitated by the HON amendments. USEPA took final action
on those proposed amendments.
The effective date of the amendment was June 19, 2000. For further information contact Robert Rosensteel at
919/541-5608; e-mail address: rosensteel.bob@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.
USEPA Gives Advance Notice of Proposal to Amend Land Disposal Restrictions Program under the Resource
Conservation and Recovery Act
On June 19, 2000, the United States Environmental Protection Agency (USEPA) gave advance notice of a proposal
to amend the Land Disposal Restrictions program for treating hazardous waste under the Resource Conservation and
Recovery Act (RCRA) (42 U.S.C. §§ 6901
et seq
. (1996)). 65 Fed. Reg. 37956 (June 19, 2000).
Comments must be received by September 18, 2000. For further information contact Josh Lewis at 703/308-7877; e-
mail address: lewis.josh@epa.gov. For general information, call the RCRA Hotline at 800/424-9346.
USEPA Provides Notice of Acceptability for Ozone-Depleting Substances under the Significant New
Alternatives Policy
On June 19, 2000, the United States Environmental Protection Agency (USEPA) expanded the list of acceptable
substitutes for ozone-depleting substances under USEPA’s Significant New Alternatives Policy program. 65 Fed.
Reg. 37900 (June 19, 2000).
6
For further information contact Anhar Karimjee at 202/564-2683. The Stratospheric Protection Hotline can be
reached at 800/296-1996. Further information can be found at the USEPA's Ozone Depletion Web site at
http://www.epa.gov/ozone/title6/snap/.
USEPA Proposes National Primary Drinking Water Regulation for Arsenic
On June 22, 2000, the United States Environmental Protection Agency (USEPA) proposed a National Primary
Drinking Water Regulation for arsenic, as required by the 1996 amendments to the Safe Drinking Water Act (42
U.S.C. §§ 300f
et seq
.). 65 Fed. Reg. 38887 (June 22, 2000).
The proposed health-based, non-enforceable goal, or Maximum Contaminant Level Goal, for arsenic is zero, and the
proposed enforceable standard, or maximum contaminant level (MCL), for arsenic is 0.005 mg/L. USEPA is also
requesting comment on whether the MCL should be set at 0.003 mg/L, 0.010 mg/L, or 0.020 mg/L. USEPA is
listing technologies that will meet the MCL, including affordable compliance technologies for three categories of
small systems serving less than 10,000 people. The proposal also includes monitoring, reporting, public notification,
and consumer confidence report requirements and state primacy revisions for public drinking water programs
affected by the arsenic regulation.
In addition, USEPA is clarifying compliance for state-determined monitoring after exceedances for inorganic,
volatile organic, and synthetic organic contaminants. Finally, USEPA is proposing that states will specify the time
period and sampling frequency for new public water systems and systems using a new source of water to demonstrate
compliance with the MCLs. The requirement for new systems and new source monitoring will be effective for
inorganic, volatile organic, and synthetic organic contaminants.
USEPA must receive public comments by September 20, 2000. The USEPA will hold a public meeting on this
proposed regulation this summer. Notice of the public meeting will be published in the
Federal Register
, as well as
on USEPA's Office of Ground Water and Drinking Water Web site.
For further information contact Irene Dooley at 202/260-9531; email address: dooley.irene@epa.gov. General
information about the regulation is available from the Safe Drinking Water Hotline at 800/426-4791; email address:
hotline.sdwa@epa.gov.
If adopted, the Board will include any necessary amendments in a future identical-in-substance rulemaking.
USEPA Supplements Proposed National Emission Standards For Hazardous Air Pollutants for Primary
Copper Smelters
On June 26, 2000, the United States Environmental Protection Agency (USEPA) proposed a change to the national
emission standards for hazardous air pollutants (NESHAP) for primary copper smelters. 65 Fed. Reg. 39326 (June
26, 2000). USEPA is proposing a numerical emission standard that would limit the maximum concentration of total
particulate matter in the off-gases discharged from smelting furnaces, slag cleaning vessels, and batch copper
converters is warranted. The action also proposes a new requirement for smelters using baghouses that are required
to use bag leak detector systems.
On April 20, 1998 (63 Fed. Reg. 19592), USEPA proposed the NESHAP for Source Categories: National Emission
Standards for Primary Copper Smelters. In that proposal, USEPA estimated that nationwide HAP emissions from
the “Primary Copper Smelting” source category were estimated to be approximately 189 Mg/yr (208 tpy). USEPA
estimated in the same proposal that implementation of the NESHAP, as proposed, would reduce these nationwide
HAP emissions by approximately 20 percent to 115 Mg/yr (171 tpy).
USEPA is requesting comments only on this supplement to the proposed rule by August 25, 2000. If anyone
contacts USEPA requesting to speak at a public hearing on or before July 17, 2000, a public hearing will be held on
July 26, 2000. For further information contact Eugene Crumpler at 919/541- 0881; e-mail address:
crumpler.gene@epa.gov.
Environmental Register - June 2000
7
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.
Appellate Update
Fourth District Appellate Court Affirms Board Decision in Panhandle Eastern Pipe Line Co. v. Illinois
Environmental Protection Agency and Illinois Pollution Control Board (No. 4-99-0517), PCB 98-102
On June 5, 2000, the Fourth District Appellate Court in Panhandle Eastern Pipe Line Co. v. Illinois Environmental
Protection Agency and Illinois Pollution Control Board (No. 4-99-0517), affirmed the Board’s decision in Panhandle
Eastern Pipe Line Co. v. IEPA (January 21, 1999), PCB 98-102, affirming the Illinois Environmental Protection
Agency’s (Agency) permit denial.
In 1988, the Agency issued a construction permit to Panhandle to replace 12 of its 15 engines with four new engines
and imposed the following three special conditions: (1) to avoid federal prevention of significant deterioration
(PSD) rules, overall increase in NOx emissions from the replacements would not exceed 39.9 tons per year (
i.e
.,
would not be a “major modification”); (2) total NOx emissions for the engines would not exceed 461.3 tons per year
(a limit set to avoid major modification status under the PSD rules); and (3) certain records of operations must be
kept. These conditions were also included in four operating permits issued between August 30, 1988 and July 26,
1991. Panhandle did not seek the Board’s review of any of those permit decisions.
In 1996, the Agency determined that Panhandle was exceeding the 461.3 tons per year limit. Panhandle filed an
application to modify the original permit to “correct” the emission limit and proposed a NOx emission limit of 774.9
tons per year to avoid PSD application. Panhandle argued that the Agency’s original NOx emission limit calculations
should have been made using different factors. The Agency denied the permit application because Panhandle failed
to demonstrate that it would not violate PSD standards. The Agency stated that Panhandle had not demonstrated best
available control technology (BACT) as required by PSD regulations for major modifications.
In its January 21, 1999 decision, the Board affirmed the Agency’s decision to deny the permit because (1) Panhandle
did not satisfy PSD requirements for BACT; and (2) Panhandle did not support its proposed emission factor, thus
failing to prove it would not violate Section 9.1(d) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(d)
(1998)).
The Fourth District held that Panhandle waived any challenge to the Board’s second ground for affirming the
Agency’s permit denial because it did not raise the issue on appeal, and the Board’s decision could be upheld on that
ground alone. However, the court addressed the remaining issue of whether the Agency lacked authority to
reconsider the emission limit in the previously issued permit in general and because Panhandle did not timely seek
review of the permit decision.
The court stated that Panhandle sought to have the Agency reconsider the 1988 permit decision to avoid PSD
restrictions, in spite of having failed to comply with the lower standard set it 1988. The court held that the Agency,
under Reichold Chemicals, Inc. v. PCB, 204 Ill. App. 3d 674, 561 N.E.2d 1343 (3rd Dist. 1990), lacked the
authority to reconsider its 1988 decision on the emission limit, even though Panhandle submitted an application to
modify the permit, and that giving the Agency unlimited time to revise its permit decisions would render the 35-day
approval period under Section 40(a)(1) of the Act meaningless.
8
Rule Update
Board Adopts Proposal for Public Comment in In the Matter of: Safe Drinking Water Update, USEPA
Regulations (July 1, 1999, through December 31, 1999), R00-10
On June 8, 2000, the Board proposed for public comment amendments to the Illinois regulations that are identical in
substance to the National Primary Drinking Water regulations adopted by the United States Environmental
Protection Agency (USEPA). These regulations implement Sections 1412(b), 1414(c), 1417(a), and 1445(a) of the
Safe Drinking Water Act (SDWA) (42 U.S.C. §§ 300g-1(b), 300g-3(c), 300g-6(a), and 300j-4(a) (1996)). The
amendments were proposed pursuant to Section 17.5 of the Environmental Protection Act (Act) (415 ILCS 5/17.5
(1998)), which provides for quick adoption of regulations that are “identical in substance” to federal regulations that
USEPA adopts to implement Sections 1412(b), 1414(c), 1417(a), and 1445(a) of the SDWA. Section 17.5 also
provides that Title VII of the Act and Section 5 of the Administrative Procedure Act (5 ILCS 100/5-35 and 5-40
(1998)) do not apply to the Board’s adoption of identical in substance regulations. The federal SDWA regulations
are found at 40 C.F.R. §§ 141 and 142.
In this action, the Board proposed to add the requirement that certain public water systems monitor for unregulated
drinking water contaminants and is also adding analytical methods approved for determining compliance with the
drinking water regulations. The proposal was published in the
Illinois Register
on June 30, 2000 (24 Ill. Reg. 8725),
commencing the 45-day public comment period. The public comment period expires on August 15, 2000.
Please direct any questions regarding this rulemaking to Steven C. Langhoff at 217/782-2615; e-mail address:
langhofs@ipcb.state.il.us.
Board Adopts Amendments in In the Matter of: Vehicle Scrappage Activities, 35 Ill. Adm. Code 207, R00-16
On June 8, 2000, the Board adopted amendments to the Illinois regulations which implements a voluntary vehicle
scrappage program in Illinois. On January 6, 2000, the Illinois Environmental Protection Agency (Agency) filed a
rulemaking proposal to add a new Part to the Board’s air regulations. The rulemaking proposal was filed pursuant to
Section 13B-30(d) of the Vehicle Emissions Inspection Law of 1995 (Vehicle Emissions Inspection Law) (625 ILCS
5/13B-30(d) (1998)). On January 20, 2000, the Board accepted the proposal for hearing and directed that the
proposal be filed for publication in the
Illinois Register
as a proposal for public comment. The proposal for public
comment appeared in the
Illinois Register
on February 29, 2000 (24 Ill. Reg. 2159).
Section 13B-30(d) of the Vehicle Emissions Inspection Law (625 ILCS 5/13B-30(d) (1998)) states in part that
Section 27(b) of the Environmental Protection Act (415 ILCS 5/27(b) (1998)) and the rulemaking provisions of the
Administrative Procedure Act (5 ILCS 100/1-1
et seq.
(1998)) do not apply to rules adopted by the Board under
Section 13B-30(d). The Board did, however, hold two public hearings in this matter. The first hearing was held on
March 1, 2000, in Springfield, Illinois and the second on March 24, 2000, in Chicago, Illinois. At both hearings the
Agency offered testimony in support of its proposal. In addition, at both hearings, several members of the public
testified in opposition to the proposal. The Board also received four public comments. The Board made several
changes to the proposal for public comment, including amendments suggested by the Agency. Most changes address
the concerns expressed by antique car collectors in this rulemaking. The adopted amendments were published in the
Illinois Register
on June 30, 2000 (24 Ill. Reg. 8979).
Please direct any questions regarding this rulemaking to Marie E. Tipsord at 312/814-4925; e-mail address:
tipsorm@ipcb.state.il.us.
Environmental Register - June 2000
9
IEPA Restricted Status List
Illinois Environmental Protection Agency
Division of Public Water Supplies
Restricted Status List -- Public Water Supplies
The Restricted Status List was developed to give additional notification to officials of public water supplies which
are in violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies, Chapter I or the Illinois Environmental
Protection Act.
The Restricted Status List will include all Public Water Supplies for which the Agency has information indicating a
violation of any of the following requirements: Finished water quality requirements of 35 Ill. Adm. Code, Part 604,
Subparts B and C; maintenance of adequate pressure on all parts of the distribution system under all conditions of
demand; meeting raw water quantity requirements of 35 Ill. Adm. Code 604.502; or maintenance of treatment
facilities capable of providing water "assuredly adequate in quantity" as required by Section 18 of the Illinois
Environmental Protection Act.
A public water supply on the Restricted Status List will not be issued permits for water main extensions, except for
certain limited situations, or unless the supply has been granted a variance from the Illinois Pollution Control Board
for the violation, or from permit issuance requirements of Section 39 of the Act.
This list is continually being revised as new information becomes available, and therefore, specific inquiries as to the
status of any public water supply should be directed to the Division of Public Water Supplies for final determination.
This list reflects the status as of July 1, 2000.
* Indicates public water supplies which have been added to the list since the previous publication.
Acorn Acres Sbdv (Lake Co - 0975020) 2 Inadequate Pres Tank 250 12/16/83
Alden Long Grove Nursing Center(Lake Co-0971090) 2 Inadequate Pres Tank 204 06/15/93
Bahl Wtr Corp (Jo Daviess Co - 0855200) 1 Inadequate Pres Storage 700 12/15/93
Biggsville (Henderson Co - 0710050) 5 Adjusted Gross Alpha 350 03/15/98
Blue Mound (Macon Co - 1150100) 4 Nitrate 1,165 03/15/97
Bonnie Lane Water Supply (Kendall Co - 0930010) 2 Inadequate Pres Tank 49 09/16/93
Bradford (Stark Co - 1750050) 1 Gross Alpha 650 06/15/98
Bradley Hts Sbdv (Winnebago Co - 2015050) 1 Inadequate Pres Tank 192 09/13/85
Bryant (Fulton Co - 0570200) 5 Gross Alpha 310 03/15/98
Buckingham (Kankakee Co - 0910250) 2 Inadequate Pres Tank 330 03/17/89
Campus (Livingston Co - 1050050) 4 Inadequate Pres Tank 230 03/20/81
Carroll Hts Utl Cmpny (Carroll Co - 0155200) 1 Inadequate Pres Tank 80 03/20/81
Century Pines Apts (Carroll Co - 0150020) 1 Inadequate Pres Tank 50 12/14/90
10
Claremont Hls Sbdv (McHenry Co - 1115080) 2 Inadequate Pres Tank 330 03/15/96
Clearview Sbdv (Will Co - 1975360) 2 Inadequate Pres Tank 420 01/13/82
Community Srvc Corp (McHenry Co - 1115350) 2 Inadequate Pres Tank 750 09/16/83
Coyne Cntr Coop (Rock Island Co - 1615150) 1 Inadequate Pres Tank 150 12/15/97
Cropsey Cmnty Wtr (McLean Co - 1135150) 4 Inadequate Pres Tank 60 03/20/81
Crystal Clear Wtr Cmpny (McHenry Co - 1115150) 2 Inadequate Pres Tank 900 09/16/88
Crystal Hts Assn (McHenry Co - 1115100) 2 Inadequate Pres Tank 93 06/17/96
Ctzns Liberty Ridge Dvn (DuPage Co - 0435650) 2 Iandequate Pres Tank 2,510 03/15/94
D and R Apts (Champaign Co - 0190030) 4 Inadequate Pres Tank 26 09/16/93
Deering Oaks Sbdv (McHenry Co - 1115200) 2 Inadequate Pres Tank 60 12/17/82
DeKalb Univ Dvl Corp (DeKalb Co - 0375148) 1 Inadequate Pres Tank 950 12/16/92
DeWitt Cnty NH (DeWitt Co - 0395129) 4 Inadequate Pres Tank 80 06/17/83
DL Well Owners Assn (Lake Co - 0975380) 2 Inadequate Pres Tank 125 03/18/83
Dover (Bureau Co - 0110350) 1 Inadequate Pres Tank 200 05/25/81
East Moreland Wtr Assn (Will Co - 1975600) 2 Inadequate Pres Tank 753 03/20/81
East Moreland Wtr Corp (Will Co - 1975640) 2 Inadequate Pres Tank 135 03/15/96
Echo Lake Wtr Sys Block 7 (Lake Co - 0975820) 2 Inadequate Pres Tank 48 09/16/83
Edelstein (Peoria Co - 1435150) 5 Adjusted Gross Alpha 125 03/15/98
Ellis Grove (Randolph Co - 1570200) 6 Trihalomethane 720 12/16/96
Elm Oak Mutual Wtr Syst (Lake Co - 0975736) 2 Inadequate Pres Tank 45 06/13/86
Emmett Utl Inc (McDonough Co - 1095200) 5 Inadequate Pres Tank 39 12/17/82
Evergreen Vlg Sbdv (Rock Island Co - 1615310 1 Inadequate Pres Tank 250 03/20/81
Fahnstock Court Sbdv (Peoria Co - 1435200) 5 Inadequate Pres Tank 30 05/25/81
Fair Acres Sbdv (Will Co - 1975680) 2 Inadequate Pres Tank 185 10/19/81
Forest Lake Addn (Lake Co - 0975500) 2 Inadequate Pres Tank 180 12/16/83
Frwrd-Skyline Cpy (Kane Co - 0895030) 2 Inadequate Pres Tank 1,300 09/19/86
Garden Street Imprv Assn (Will Co - 1975376) 2 Inadequate Pres Tank 62 09/15/89
Glasford (Peoria Co - 1430350) 5 Adjusted Gross Alpha 1,115 12/15/97
Environmental Register - June 2000
11
Glenkirk Campus North (Lake Co - 0977189) 2 Inadequate Pres Tank 64 06/15/88
Glenkirk Campus South (Lake Co - 0977199) 2 Inadequate Pres Tank 36 06/15/88
Good Shepherd Mnr (Kankakee Co - 0915189) 2 Inadequate Pres Tank 140 03/17/89
Great Oaks&Beacon Hls Apts (Winnebago Co-2015488) 1 Inadequate Pres Tank 943 12/17/82
Greenwood Outback (LaSalle Co - 0990080) 1 Inadequate Pres Tank 12/15/98
Hawthorn Woods (Lake Co - 0970450) 2 Inadequate Pres Tank 800 03/15/95
Heatherfield Sbdv (Grundy Co - 0635150) 2 Inadequate Pres Tank 91 09/17/82
Hettick (Macoupin Co - 1170500) 5 Atrazine 250 03/15/99
Highland Lake Sbdv (Lake Co - 0975750) 2 Inadequate Pres Tank 294 03/20/81
Highland Sbdv (Kane Co - 0895530) 2 Inadequate Pres Tank 50 09/16/83
Hillview Sbdv (Will Co - 1975800) 2 Inadequate Pres Tank 99 03/15/85
Holy Family Villa (Cook Co - 0310280) 2 Inadequate Pres Tank 200 09/15/99
Huntley Cmnty Sbdv (Will Co - 1975840) 2 Inadequate Pres Tank 48 03/16/84
Ingalls Pk Sbdv (Will Co - 1975880) 2 Inadequate Pres Tank 690 09/16/83
Knoxville (Knox Co - 0950300) 5 Adjusted Gross Alpha 3,243 03/15/98
Lake Lynwood Wtr Sys (Henry Co - 0735330) 1 Inadequate Pres Tank 98 08/31/81
Lakeview Hills Wtr Supply Cp(Whiteside Co - 1955150) 1 Inadequate Pres Tank 146 03/20/81
Larchmont Sbdv (Winnebago Co - 2015290) 1 Inadequate Pres Tank 106 06/17/83
Larson Court Rentals (Rock Island Co - 1615728) 1 Inadequate Pres Tank 48 01/14/82
Legend Lakes Wtr Assn (Winnebago Co - 2015300) 1 Inadequate Pres Tank 225 03/14/91
Lemon Street Wl Cmpny Inc (Rock Island Co - 1615550) 1 Inadequate Pres Tank 470 03/20/81
Liberty Park Homeowners Assn (DuPage Co - 0435600) 2 Inadequate Pres Tank 1,092 09/17/92
Lindenwood Wtr Assn (Ogle Co - 1415300) 1 Inadequate Pres Tank 50 01/13/82
Lisbon North Inc (Grundy Co - 0631000) 2 Inadequate Pres Tank 30 09/14/90
Little Swan Lake Sndst (Warren Co - 1875050) 5 Inadequate Pres Tank 250 03/15/98
London Mills (Fulton Co - 0574620) 5 Inadequate Pres Tank 670 12/14/84
Lynn Cntr (Henry Co - 0735100) 1 Inadequate Pres Tank 147 03/15/95
12
Lynnwood Water Corp (LaSalle Co - 0995336) 1 Inadequate Pres Tank 114 03/18/83
M C L W Sys Inc (Mercer Co - 1315150) 1 Inadequate Source 100 03/20/81
Maple Leaf Ests Wtr Corp (Monroe Co - 1335100) 6 Inadequate Pres Tank 39 03/20/81
Mapleton (Peoria Co - 1430500) 5 Adjusted Gross Alpha 350 03/15/98
Mayfair Sbdv (Tazewell Co - 1795750) 5 Inadequate Pres Tank 150 03/16/90
Mound PWD (St Clair Co - 1635050) 6 Inadequate Plant Capacity 1,800 06/17/96
Mount Olive (Macoupin - 1170700) 5 Trihalomethane 2,150 03/15/00
New Hope Wtrwks Corp (Wayne Co - 1915100) 7 Trihalomethane 676 03/15/00
Northwest Belmont Imprv Assn (DuPage Co - 0435900) 2 Inadequate Pres Tank 115 09/29/81
Oak Ridge Sndst (Woodford Co - 2035300) 1 Inadequate Pres Tank 240 03/20/81
Oakview Avenue Wtrwks Inc (Will Co - 1977210) 2 Inadequate Pres Tank 350 03/20/81
Olivet Nazarene College (Kankakee Co - 0915279) 2 Inadequate Pres Tank 1,450 03/15/94
Opheim PWS (Henry Co - 0735150) 1 Inadequate Pres Tank 150 06/18/82
Osco Mutual Wtr Supply Cpy Inc (Henry Co-0735200) 1 Inadequate Pres Tank 115 12/15/89
Park Road Wtr Assn (Will Co - 1977330) 2 Inadequate Pres Tank 60 12/17/82
Park View Wtr Corp (Kane Co - 0895500) 2 Inadequate Pres Tank 150 12/17/82
Patoka (Marion Co - 1210400) 6 Inadequate Plant Capacity 731 03/15/97
Polo Dr & Saddle Rd Sbdv (DuPage Co - 0437000) 2 Inadequate Pres Tank 95 12/17/82
Ports of Sullivan Lake Assn (Lake Co - 0971160) 2 Inadequate Pres Tank 638 06/15/99
Prairie Ridge Assn (McHenry Co - 1115730) 2 Inadequate Pres Tank 140 03/16/90
Princeville (Peoria Co - 1430750) 5 Adjusted Gross Alpha 1,815 12/15/97
Ridgecrest North Sbdv (Grundy Co - 0635250) 2 Inadequate Pres Tank 85 09/16/93
Ridgewood Ledges Wtr Assoc (Rock Island Co - 1615670) 1 Inadequate Pres Tank 475 03/20/81
Ridgewood Sbdv (Will Co - 1977650) 2 Inadequate Pres Tank 315 06/18/82
Sbdv Wtr Trust No 1 (Kane Co - 0895300) 2 Inadequate Pres Tank 1,120 03/20/81
Scottville (Macoupin Co - 1170010) 5 Trihalomethane 510 3/15/00
Shawnita Trc Wtr Assn (Will Co - 1977690) 2 Inadequate Pres Tank 125 09/17/92
Skyview Estates (Kankakee Co - 0915526) 2 Inadequate Pres Tank 65 09/14/84
Environmental Register - June 2000
13
Sorento (Bond Co - 0050300) 6 Trihalomethane 750 09/16/96
Spring Creek Wtr Assn (Macoupin Co - 1175450) 5 Trihalomethane 60 09/16/96
St Charles Cmsn Wlfnd 3 (DuPage Co - 0437040) 2 Inadequate Pres Tank 30 12/15/89
Staunton Res Rd Wtr (Macoupin Co - 1175250) 5 Trihalomethane 70 12/16/96
Sturm Sbdv (Lake Co - 0977010) 2 Inadequate Pres Tank 63 03/16/84
Suburban Heights Sbdv (Rock Island Co - 1615800) 1 Inadequate Pres Tank 114 12/16/83
Summit Homeowners Assn (Lake Co - 0975280) 2 Inadequate Pres Tank 48 03/16/84
*Sunny Hill Ests Sbdv (Henry Co - 0735300) 1 Inadequate Pres Tank 525 06/15/00
Sunnyland Sbdv (Will Co - 1977730) 2 Inadequate Pres Tank 350 09/16/83
Swedona Wtr Assn (Mercer Co - 1315200) 1 Inadequate Pres Tank 100 06/15/90
Sylvan Lake 1st Sbdv (Lake Co - 0977100) 2 Inadequate Pres Tank 210 06/14/91
Three County PWD (Madison Co - 1195450) 6 Trihalomethane 1,500 12/12/99
Toulon (Stark Co - 1750150) 1 Adjusted Gross Alpha 1,400 12/12/99
Towners Sbdv (Lake Co - 0977250) 2 Inadequate Pres Tank 238 01/14/82
Trivoli PWD (Peoria Co - 1435510) 5 Inadequate Pres Tank 350 06/17/83
Turkey Hollow Well Corp (Rock Island Co - 1615686) 1 Inadequate Pres Tank 32 06/18/82
Utl Inc Lake Holiday (LaSalle Co - 0995200) 1 Inad Source & Treat Plt 4,908 09/15/98
Utl Inc Northern Hls Utl Co(Stephenson Co - 1775050) 1 Inadequate Pres Tank 290 03/15/96
Utl Inc Walk-Up Woods Wtr Co (McHenry Co - 1115800) 2 Inadequate Pres Tank 763 12/17/82
Wermes Sbdv (Kane Co - 0895750) 2 Inadequate Pres Tank 150 12/16/88
West Salem (Edwards Co - 0470200) 7 Inadequte Treatment Plant 1,058 03/15/99
*West Shore Park Sbdv (Lake Co - 0977370) 2 Inadequate Pres Tank 450 06/15/00
West Shoreland Sbdv (Lake Co - 0977050) 2 Inadequate Pres Tank 220 06/14/91
Westfield (Clark Co - 0230200) 4 Inadequate Water Source 700 06/15/93
Wienen Estates (Jo Daviess Co - 0850030) 1 Inadequate Pres Tank 70 12/15/97
Wonder Lake Wtr Cmpny (McHenry Co - 1115750) 2 Inadequate Pres Tank 1,161 06/16/94
Woodland Hts Ests Sbdv (Peoria Co - 1435760) 5 Inadequate Pres Tank 245 03/20/81
14
Woodsmoke Ranch Assn (LaSalle Co - 0990030) 1 Inadequate Pres Tank 350 06/15/90
York Cntr Coop (DuPage Co - 0437550) 2 Inadequate Pres Tank 240 06/15/88
2nd Street Wtr Assn (Lake Co - 0971140) 2 Inadequate Pres Tank 33 12/15/95
Environmental Register - June 2000
15
IEPA Critical Review List
Illinois Environmental Protection Agency
Division of Public Water Supplies
Critical Review List -- Public Water Supplies
The Critical Review List was developed to give additional notification to officials of public water supplies which
may be close to being in violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies, Chapter I or the Illinois
Environmental Protection Act.
A supply will be placed on the Critical Review List when Agency records indicate that it is approaching any of the
violations 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, 2000.
* Indicates public water supplies which have been added to the list since the previous publication.
Bayles Lake Lot Owners Assn (Iroquois Co - 0755110) 4 Inadequate Pres Tank 442 03/15/98
Bluford (Jefferson Co - 0810100) 7 Low System Pressure 465 03/20/81
Browning (Schuyler Co - 1690050) 5 Inadequate Source 495 03/15/98
Ctzns Chickasaw Hills Div (Will Co - 1975320) 2 Low System Pressure 7,700 09/17/92
Clayton Camp Point Wtr Cmsn (Adams Co - 0015200) 5 Inad Pumping Capacity 1,200 09/15/98
Clinton (DeWitt Co - 0390050) 4 Inad Plant Capacity 7,437 06/14/91
Columbia (Monroe Co - 1330050) 6 Inad Pumping Capacity 5,893 03/15/98
DePue (Bureau Co - 0110300) 1 Inad Treatment Plant 1,930 12/15/93
Elizabeth (Jo Daviess Co - 0850150) 1 Low System Pressure 700 06/15/99
Evansville (Randolph Co - 1570250) 6 Low System Pressure 1,838 05/25/81
Galena (Jo Daviess Co - 0850200) 1 Low System Pressure 3,790 06/15/99
Georgetown (Vermilion Co - 1830350) 4 Inadequate Water Plant 3,678 06/15/93
Highland Hills Sndst (DuPage Co - 0435560) 2 Inadequate Pres Tank 1,100 09/17/92
Homer (Champaign Co - 0190300) 4 Inadequate Source 1,300 03/15/94
Joy (Mercer Co - 1310100) 1 Low System Pressure 495 06/15/99
Kincaid (Christian Co - 0210250) 5 Plant Capacity 2,640 06/14/85
LaMoille (Bureau Co - 0110500) 5 Inadequate Plant Capacity 750 06/15/99
16
Lee (Lee Co - 1034600) 1 Inadequate Pres Tank 350 03/15/98
McHenry Shores Wtr Cmpny (McHenry Co - 1115020) 2 Low System Pressure 1,170 09/17/92
Mechanicsburg Buffalo Wtr (Sangamon Co - 1675150) 5 Inadequate Source 1,030 03/15/98
Pearl (Pike Co - 1490650) 5 Inadequate Pres Tank 322 09/17/82
Pheasant Knolls Sbdv (Lake Co - 0970290) 2 Inadequate Pres Tank 130 09/15/98
Scales Mound (Jo Daviess Co - 0850400) 1 Low System Pressure 400 09/15/97
Seneca (LaSalle Co - 0991050) 1 Inadequate Plant Capacity 1,937 06/15/99
South Highway PWD (Jackson Co - 0775400) 7 Low System Pressure 8,189 06/15/92
Stockton (Jo Daviess Co - 0850450) 1 Low System Pressure 1,900 06/15/84
Sumner (Lawrence Co - 1010300) 7 Low System Pressure 1,553 12/13/85
Tower Ridge Sbdv (Rock Island Co - 1615780) 1 Inadequate Pres Tank 70 03/15/94
Utl Inc Lake Marian Wtr Corp (Kane Co - 0895200) 2 Low Sys Pres & 800 09/14/84
Inad Pres Storage
Walnut Hill (Marion Co - 1210600) 6 Low System Pressure 1,200 06/14/85
Wonder Lake Wtr Cmpny (McHenry Co - 1115750) 2 Inadequate Storage 1,080 12/14/90
Environmental Register - June 2000
17
Board Actions
June 8, 2000
Chicago, Illinois
Rulemakings
R00-10 In the Matter of: SDWA 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
public water supply regulations.
7-0
R, PWS
R00-16 In the Matter of: Vehicle Scrappage Activities, Adoption of 35 Ill. Adm.
Code 207 - The Board adopted a final opinion and order in this rulemaking
to amend the Board’s air pollution control regulations.
7-0
R, Air
Adjusted Standard
AS 00-14 In the Matter of: Petition of Heritage Environmental Services, Inc. for an
Adjusted Standard from 35 Ill. Adm. Code 702.126(d)(1) - The Board
entered an order dismissing this petition for an adjusted standard from the
Resource Conservation and Recovery Act certification requirements found at
35 Ill. Adm. Code 702.126(d)(1) as a result of petitioner’s failure to file the
certificate of publication within fourteen days as required by Section
28.1(d)(1) of the Environmental Protection Act (Act) (415 ILCS
5/28.1(d)(1) (1998)).
7-0
RCRA
Administrative Citations
AC 00-73 IEPA v. Landfill 33, Ltd. and Richard Deibel - The Board on its own
motion entered an order which corrected the Board order entered on May
18, 2000. The statutory penalty amount for violating Sections 21(o)(5) and
21(o)(12) of the Act (415 ILCS 5/21(o)(5), 21(o)(12) (1998)) was corrected
to $500 per violation, and respondents were ordered to pay a total civil
penalty of $1,000.
7-0
AC 00-76 IEPA v. Knox County Landfill Committee d/b/a Knox County Landfill #3
and Thomas D. Wagher - The Board granted complainant’s motion for
default and found that these Knox County respondents violated Section
21(o)(5) of the Act (415 ILCS 5/21(o)(5) (1998)), and ordered respondents
to pay a civil penalty of $500.
7-0
AC 00-77 IEPA v. Otis Brymer - The Board found that this Williamson 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 $1,500.
7-0
18
AC 00-78 IEPA v. RCS, Inc. and Rickie Laird - The Board accepted for hearing this
petition for review of an administrative citation against these Jersey County
respondents.
7-0
AC 00-79 IEPA v. John Appelt - The Board found that this Carroll 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 $1,500.
7-0
Adjudicatory Cases
•
Decisions
PCB 99-152 People of the State of Illinois v. Eagle-Picher Industries, Inc. - In this air
enforcement action concerning a facility located in Edgar County, Illinois,
the Board granted relief from the hearing requirement of Section 31(c)(2) of
the Act (415 ILCS 5/31(c)(2) (1998)), accepted a final stipulation and
settlement agreement, ordered the respondent to pay a civil penalty of
$66,944.50, and ordered respondent to cease and desist from further
violations.
7-0
A-E
PCB 00-179 City of Springfield, Illinois v. IEPA - The Board granted this Sangamon
County petitioner a variance from the water pollution control regulations
found at 35 Ill. Adm. Code 302.206 as it relates to dissolved oxygen in the
Sangamon River, subject to conditions.
7-0
W-V
•
Provisional Variances
PCB 00-213 Exxon Mobil Corporation v. IEPA - Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board granted a
one-day provisional variance to this Will County facility from the 90-day
limitation on the accumulation of hazardous wastes, as set forth in 35 Ill.
Adm. Code 722.134(b).
7-0
L-V
PCB 00-215 City of Belvidere v. IEPA - Upon receipt of an Illinois Environmental
Protection Agency recommendation, the Board granted this Boone County
petitioner a 45-day provisional variance, subject to conditions, from the
five-day biochemical oxygen demand and suspended solids limits set forth
in 35 Ill. Adm. Code 304.120(c) and 304.141(a).
7-0
W-V
PCB 00-216 City of Carlyle v. IEPA - Upon receipt of an Illinois Environmental
Protection Agency recommendation, the Board granted this Clinton County
petitioner a 45-day provisional variance, subject to conditions, from the
five-day carbonaceous biochemical oxygen demand and total suspended
solids limits set forth in 35 Ill. Adm. Code 304.120(a) and 304.141(a).
7-0
W-V
Environmental Register - June 2000
19
Motions and Other Matters
PCB 97-234 Antonio D. H. Nam v. Kikon Suh - The Board denied respondent’s motion
to file a third-party complaint for failure to file proof of service as ordered
in the Board’s order dated May 4, 2000.
7-0
UST-E,
Citizens
PCB 98-145 People of the State of Illinois v. Bodine Electric Company - Upon receipt of
a proposed stipulation and settlement agreement and an agreed motion to
request relief from the hearing requirement in this air enforcement action
involving a facility located in Cook County, the Board ordered publication
of the required newspaper notice.
7-0
A-E
PCB 99-75 General Electric Company v. IEPA - The Board granted petitioner’s motion
for voluntary dismissal of this permit appeal involving a LaSalle County
facility.
7-0
P-A, Air
PCB 00-124 Agrium U.S. Inc. v. IEPA - The Board granted petitioner’s motion for
voluntary dismissal of this petition for a public water supply variance
involving a Marshall County facility.
7-0
PWS-V
PCB 00-141 E.G. Vogt Oil Company v. IEPA - The Board accepted for hearing this
underground storage tank appeal involving a Madison County facility.
7-0
UST-FRD
PCB 00-143 Curtis Masterson v. City of Fairfield - The Board on its on motion
consolidated this action with PCB 00-164 Boster v. City of Fairfield, found
that this complaint involving a Wayne County facility was not duplicitous or
frivolous, and accepted it for hearing.
7-0
A-E,
Citizens
PCB 00-153 Frank Gentile v. IEPA - The Board entered an order dismissing this matter
for petitioner’s failure to file an amended petition within thirty days as
ordered by the Board’s order issued on April 20, 2000.
7-0
UST-
Appeal
PCB 00-154 Kathryn Cooper v. City of Fairfield - The Board entered an order dismissing
this matter for complainant’s failure to file proof of service of the complaint
upon respondent pursuant to Section 31 of the Act (415 ILCS 5/31 (1998))
within thirty days as ordered by the Board’s order issued on May 4, 2000.
7-0
A-E,
Citizens
PCB 00-155 Robert Lichtenberger and Wilma Lichtenberger v. City of Fairfield - The
Board entered an order dismissing this matter for complainants’ failure to
file proof of service of the complaint upon respondent pursuant to Section
31 of the Act (415 ILCS 5/31 (1998)) within thirty days as ordered by the
Board’s order issued on May 4, 2000.
7-0
A-E,
Citizens
PCB 00-162 1625 Waukegan Limited Partnership v. IEPA - Having previously granted a
request for a 90-day extension, the Board dismissed this matter because no
site remediation program appeal was timely filed on behalf of this Cook
County facility.
7-0
SRP-Appeal
PCB 00-169 Estate of Robert Behrends 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 Logan
County facility.
7-0
UST-
Appeal
20
PCB 00-173 7361-63 West North Avenue Building Partnership 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 Cook County facility.
7-0
UST-
Appeal
PCB 00-194 Bulkoa, Inc. v. IEPA - The Board granted this request for a 90-day
extension of time to file an underground storage tank appeal on behalf of
this Cook County facility.
7-0
UST-
Appeal
90-Day Ext.
PCB 00-195 Blake Oil 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 Ogle County facility.
7-0
UST-
Appeal
90-Day Ext.
PCB 00-196 Go-Tane Service Stations, Inc. v. IEPA - The Board accepted for hearing
this underground storage tank appeal involving a Cook County facility.
7-0
UST-FRD
PCB 00-197 Centerpoint Properties Trust v. IEPA - The Board granted this request for a
90-day extension of time to file a permit appeal on behalf of this DuPage
County facility.
6-0
Lawton, Jr.
abstained
P-A, RCRA
90-Day Ext.
PCB 00-198 Merrill’s Contractors, Inc. v. IEPA - The Board dismissed this petitioner’s
request for a 90-day extension as moot. (See joint request docketed as PCB
00-210, below).
7-0
UST-FRD
PCB 00-199 People of the State of Illinois v. Dassinger Hard Chrome, Inc. - The Board
accepted for hearing this air enforcement action against this Cook County
facility.
7-0
A-E
PCB 00-200 American Bottom Conservancy, East St. Louis Community Action Network,
Kathy Andria, and Jack Norman v. Village of Fairmont City and Waste
Management of Illinois, Inc. - The Board accepted for hearing this third-
party pollution control facility siting review involving a St. Clair County
facility, directing the two petitioner organizations to file amended petitions
including appearances of attorneys within 30 days, or be subject to
dismissal from this action.
7-0
P-C-F-S-R
PCB 00-201 People of the State of Illinois v. Village of Chesterfield, Lawrence Lipe &
Associates, and Moniger Excavating Company, Inc. - Upon receipt of a
proposed stipulation and settlement agreement and an agreed motion to
request relief from the hearing requirement in this public water enforcement
action involving respondents located in Macoupin County, the Board
ordered publication of the required newspaper notice.
7-0
PWS-E
PCB 00-202 People of the State of Illinois v. American Driveway Maintenance, Inc. -
The Board accepted for hearing this water enforcement action against this
Winnebago County facility.
7-0
W-E
PCB 00-203 People of the State of Illinois v. Barron Industries, Inc. - The Board
accepted for hearing this air enforcement action against this Winnebago
County facility.
7-0
A-E
Environmental Register - June 2000
21
PCB 00-204 Gutman Leather 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 Cook County facility.
7-0
P-A, Air
90-Day Ext.
PCB 00-205 Werner Company v. IEPA - The Board granted petitioner’s attorney’s
motion to appear p
ro hac vice
and
accepted for hearing this permit appeal
involving a Sangamon County facility.
7-0
P-A, Air
PCB 00-206 ESG Watts, Inc. (Sangamon Valley Landfill) v. IEPA - The Board accepted
for hearing this permit appeal involving a Sangamon County facility.
7-0
P-A, Land
PCB 00-207 ESG Watts, Inc. (Taylor Ridge/Andalusia Landfill) v. IEPA - The Board
accepted for hearing this permit appeal involving a Rock Island County
facility.
7-0
P-A, Land
PCB 00-208 ESG Watts, Inc. (Viola Landfill) v. IEPA - The Board accepted for hearing
this permit appeal involving a Mercer County facility.
7-0
P-A, Land
PCB 00-209 People of the State of Illinois v. Cro-Mat Company - The Board accepted
for hearing this air enforcement action against this Cook County facility.
7-0
A-E
PCB 00-210 Merrill’s Contractors, 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 Sangamon County facility.
7-0
UST-FRD
PCB 00-211 People of the State of Illinois v. Toyal America, Inc. f/k/a Alcan-Toyo
America, Inc. - The Board accepted for hearing this Resource Conservation
and Recovery Act enforcement action against this Will County facility.
7-0
RCRA-E
PCB 00-212 People of the State of Illinois v. Kenneth Morrison - The Board accepted
for hearing this cost recovery action against this Livingston County facility.
7-0
CR-E
PCB 00-214 General Motors Corporation (Electro-Motive Division) v. IEPA - The
Board granted this request for a 90-day extension of time to file a permit
appeal on behalf of this Cook County facility.
7-0
P-A, Air
90-Day Ext.
June 22, 2000
Chicago, Illinois
Administrative Citations
AC 00-80 IEPA v. Ken Edwards - The Board found that this Macoupin 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 $1,500.
6-0
AC 00-81 IEPA v. Jesse Lockhart - The Board denied complainant’s motion to
dismiss this administrative citation against this Kankakee County
respondent, directing that a hearing be held as previously ordered.
6-0
AC 00-84 IEPA v. James Day - The Board accepted an administrative citation against
this Champaign County respondent.
22
Adjudicatory Cases
•
Decisions
PCB 97-121 Matteson WHP Partnership v. James W. Martin and Eva D. Martin,
individually and d/b/a Martin’s of Matteson - The Board found that
respondents violated Section 21(e) of the Act (415 ILCS 5/21(e) (1998))
and ordered respondents to perform soil and groundwater remediation. The
Board failed to find any violations of Section 21(f)(1) of the Act (415 ILCS
5/21(f)(1) (1998)), Section 12(a) of the Act (415 ILCS 5/12(a) (1998)), and
the Board’s regulations at 35 Ill. Adm. Code 620.115.
5-1
McFawn
dissented
RCRA-E,
Citizens
PCB 98-144 People of the State of Illinois v. Edward Van Der Molen and Peter Barton
d/b/a Shadow Lakes Resort - In this water enforcement action concerning a
facility located in Will County, Illinois, the Board granted relief from the
hearing requirement of Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2)
(1998)), accepted a final stipulation and settlement agreement, ordered the
respondents to pay a civil penalty of $7,500, and ordered respondents to
cease and desist from further violations.
6-0
W-E
PCB 00-1 People of the State of Illinois v. Paul Bergmann d/b/a Bergmann Dairy
Farm - In this water enforcement action concerning a facility located in
Clinton County, Illinois, the Board granted relief from the hearing
requirement of Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1998)),
accepted a final stipulation and settlement agreement, ordered the
respondent to pay a civil penalty of $3,500, and ordered respondent to cease
and desist from further violations.
6-0
W-E
•
Provisional Variances
PCB 00-222 Commonwealth Edison Byron Nuclear Generating Station v. IEPA - Upon
receipt of an Illinois Environmental Protection Agency recommendation,
the Board granted this Ogle County petitioner a 45-day provisional
variance, subject to conditions, from the requirements set forth in 35 Ill.
Adm. Code 309.154(a) and (b) and National Pollutant Discharge
Elimination System Permit No. IL0048313.
6-0
W-V, NPDES
Motions and Other Matters
PCB 97-9 People of the State of Illinois v. C&S Recycling, Inc., Flood Brothers
Disposal Company, Inc., William Flood, individually and as president of
C&S Recycling, and Brian Flood, individually and as treasurer of C&S
Recycling, Inc. - The Board denied complainant’s motion to reconsider the
hearing officer’s April 28, 2000 order and affirmed that ruling.
6-0
L-E
PCB 98-95 People of the State of Illinois v. Meyer Steel Drum, Inc. - Upon receipt of a
proposed stipulation and settlement agreement and an agreed motion to
request relief from the hearing requirement in this air enforcement action
involving a facility located in Cook County, the Board ordered publication
of the required newspaper notice.
6-0
A-E
Environmental Register - June 2000
23
PCB 99-191 People of the State of Illinois v. Panhandle Eastern Pipe Line Company -
The Board denied complainant’s motions to strike affirmative defenses and
to incorporate administrative record and hearing transcript of Panhandle
Eastern Pipe Line Company v. IEPA, PCB 98-102, but granted
complainant’s motion in limine.
6-0
A-E
PCB 00-59 Standard Bank & Trust Company, as Trustee and Derk Ball, Sr. v. IEPA -
The Board granted petitioner’s motion for voluntary dismissal of this
underground storage tank appeal involving a Cook County facility.
6-0
UST-FRD
PCB 00-167 Bond County Community School District 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 Bond County facility.
6-0
UST-FRD
PCB 00-168 Interstate Brands Corporation 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
Sangamon County facility.
6-0
UST-FRD
PCB 00-175 Dersch Energies, Inc. 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 Wabash County
facility.
6-0
UST-FRD
PCB 00-187 Broderick Teaming Company v. IEPA - The Board accepted for hearing
this underground storage tank appeal involving a Cook County facility.
Respondent’s motion for extension of time in which to file the
administrative record was referred to the hearing officer for disposition.
6-0
UST-FRD
PCB 00-217 Quebecor World Direct, Petty Printing Company v. IEPA - The Board
granted this request for a 90-day extension of time to file a permit appeal on
behalf of this Effingham County facility.
6-0
P-A,
90-Day Ext.
PCB 00-218 E/M, a Division of Morgan Chemical Products, Inc. v. IEPA - The Board
granted this request for a 90-day extension of time to file a permit appeal on
behalf of this DuPage County facility.
6-0
P-A,
90-Day Ext.
PCB 00-220 A&A McHenry, 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 McHenry County facility.
6-0
UST-FRD
90-Day Ext.
24
New Cases
June 8, 2000 Board Meeting
00-194 Bulkoa, Inc. v. IEPA - The Board granted this request for a 90-day extension of time to file an
underground storage tank appeal on behalf of this Cook County facility.
00-195 Blake Oil 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 Ogle County facility.
00-196 Go-Tane Service Stations, Inc. v. IEPA - The Board accepted for hearing this underground
storage tank appeal involving a Cook County facility
00-197 Centerpoint Properties Trust v. IEPA - The Board granted this request for a 90-day extension
of time to file a permit appeal on behalf of this DuPage County facility.
00-198
Merrill’s Contractors, Inc. v. IEPA - The Board dismissed this petitioner’s request for a 90-
day extension as moot . (See joint request docketed as PCB 00-210, below).
00-199 People of the State of Illinois v. Dassinger Hard Chrome, Inc. - The Board accepted for
hearing this air enforcement action against this Cook County facility.
00-200 American Bottom Conservancy, East St. Louis Community Action Network, Kathy Andria,
and Jack Norman v. Village of Fairmont City and Waste Management of Illinois, Inc. - The Board
accepted for hearing this third-party pollution control facility siting review involving a St. Clair
County facility, directing the two petitioner organizations to file amended petitions including
appearances of attorneys within 30 days, or be subject to dismissal from this action.
00-201 People of the State of Illinois v. Village of Chesterfield, Lawrence Lipe & Associates, and
Moniger Excavating Company, Inc. - Upon receipt of a proposed stipulation and settlement agreement
and an agreed motion to request relief from the hearing requirement in this public water enforcement
action involving respondents located in Macoupin County, the Board ordered publication of the
required newspaper notice.
00-202 People of the State of Illinois v. American Driveway Maintenance, Inc. - The Board accepted
for hearing this water enforcement action against this Winnebago County facility.
00-203 People of the State of Illinois v. Barron Industries, Inc. - The Board accepted for hearing this
air enforcement action against this Winnebago County facility.
00-204 Gutman Leather 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 Cook County facility.
00-205 Werner Company v. IEPA - The Board granted petitioner’s attorney’s motion to appear p
ro
hac vice
and
accepted for hearing this permit appeal involving a Sangamon County facility.
00-206 ESG Watts, Inc. (Sangamon Valley Landfill) v. IEPA - The Board accepted for hearing this
permit appeal involving a Sangamon County facility.
00-207 ESG Watts, Inc. (Taylor Ridge/Andalusia Landfill) v. IEPA - The Board accepted for hearing
this permit appeal involving a Rock Island County facility.
00-208 ESG Watts, Inc. (Viola Landfill) v. IEPA - The Board accepted for hearing this permit appeal
involving a Mercer County facility.
00-209 People of the State of Illinois v. Cro-Mat Company - The Board accepted for hearing this air
enforcement action against this Cook County facility.
00-210 Merrill’s Contractors, 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 Sangamon County facility.
Environmental Register - June 2000
25
00-211 People of the State of Illinois v. Toyal America, Inc. f/k/a Alcan-Toyo America, Inc. - The
Board accepted for hearing this Resource Conservation and Recovery Act enforcement action against
this Will County facility.
00-212 People of the State of Illinois v. Kenneth Morrison - The Board accepted for hearing this cost
recovery action against this Livingston County facility.
00-213 Exxon Mobil Corporation v. IEPA - Upon receipt of an Illinois Environmental Protection
Agency recommendation, the Board granted a one-day provisional variance to this Will County
facility from the 90-day limitation on the accumulation of hazardous wastes, as set forth in 35 Ill.
Adm. Code 722.134(b).
00-214 General Motors Corporation (Electro-Motive Division) v. IEPA - The Board granted this
request for a 90-day extension of time to file a permit appeal on behalf of this Cook County facility.
00-215 Acme Steel Company v. IEPA - Upon receipt of an Illinois Environmental Protection Agency
recommendation, the Board granted this Boone County petitioner a 45-day provisional variance,
subject to conditions, from the five-day biochemical oxygen demand and suspended solids limits set
forth in 35 Ill. Adm. Code 304.120(c) and 304.141(a).
00-216 City of Belvidere v. IEPA - Upon receipt of an Illinois Environmental Protection Agency
recommendation, the Board granted this Clinton County petitioner a 45-day provisional variance,
subject to conditions, from the five-day carbonaceous biochemical oxygen demand and total
suspended solids limits set forth in 35 Ill. Adm. Code 304.120(a) and 304.141(a).
AC 00-82 Ogle County v. Leonard Hagemann - The Board accepted an administrative citation against
this Ogle County respondent.
AC 00-83 Ogle County v. Jeff and Stella Allen - The Board accepted an administrative citation
against these Ogle County respondents.
AS 00-15 In the Matter of: Petition of Heritage Environmental Services, Inc. for an Adjusted
Standard from 35 Ill. Adm. Code 702.126(d)(1) - Pending receipt of the certificate of publication, the
Board held this Cook County facility’s petition for an adjusted standard from the Resource
Conservation and Recovery Act certification requirements found at 35 Ill. Adm. Code 702.126(d)(1).
June 22, 2000 Board Meeting
00-187 Broderick Teaming Company v. IEPA - The Board accepted for hearing this underground
storage tank appeal involving a Cook County facility. Respondent’s motion for extension of time in
which to file the administrative record was referred to the hearing officer for disposition.
00-217 Quebecor World Direct, Petty Printing Company v. IEPA - The Board granted this request for
a 90-day extension of time to file a permit appeal on behalf of this Effingham County facility.
00-218 E/M, a Division of Morgan Chemical Products, Inc. v. IEPA - The Board granted this request
for a 90-day extension of time to file a permit appeal on behalf of this DuPage County facility.
00-219 Stephen G. Brill v. Henry Latoria, TL Trucking Foodliner - The Board held for a later
duplicitous/frivolous determination this citizen noise enforcement action involving a Cook County
facility.
00-220 A&A McHenry, 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 McHenry County facility.
00-221
James and Vickie Glasgow, and Bill and Pat Hoppe v. Granite City Steel - The Board held for
a later duplicitous/frivolous determination this citizen noise and air enforcement action involving a
Madison County facility.
26
00-222 Commonwealth Edison Byron Nuclear Generating Station v. IEPA - Upon receipt of an
Illinois Environmental Protection Agency recommendation, the Board granted this Ogle County
petitioner a 45-day provisional variance, subject to conditions, from the requirements set forth in 35
Ill. Adm. Code 309.154(a) and (b) and National Pollutant Discharge Elimination System Permit No.
IL0048313.
AC 00-84 IEPA v. James Day - The Board accepted an administrative citation against this Champaign
County respondent.
Calendar
7/10/2000
10:00 am
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 S. Second Street
Springfield, IL
7/13/2000
11:00 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago, IL
7/20/2000
10:00 am
Deliberative Session
7/25/2000
9:30 am
AC 00-72 IEPA v. Carl White (Harmony/Carl
White) Docket No. 69-00-AC
Jefferson County Courthouse
County Board Room
Mt. Vernon, IL
7/27/2000
11:00 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago, IL
8/3/2000
10:00 am
Deliberative Session
8/10/2000
11:00 am
Illinois Pollution Control Board Meeting Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
8/17/2000
10:00 am
Deliberative Session
8/22/2000
10:00 am
PCB 00-200 American Bottom Conservancy, East St.
Louis Community Action Network, Kathy
Andria and Jack Norman v. Village of
Fairmont City and Waste Management of
Illinois, Inc.
St. Clair County Building
Room B-564 (County Board
Conference Room)
10 Public Square
Belleville, IL
8/23/2000
10:00 am
PCB 00-200 American Bottom Conservancy, East St.
Louis Community Action Network, Kathy
Andria and Jack Norman v. Village of
Fairmont City and Waste Management of
Illinois, Inc.
St. Clair County Building
Room B-564 (County Board
Conference Room)
10 Public Square
Belleville, IL
Environmental Register - June 2000
27
8/23/2000
10:30 am
R01-10 In the Matter of: Natural Gas-Fired, Peak-
Load Electrical Power Generating
Facilities (Peaker Plants)
James R. Thompson Center
100 W. Randolph Street
Assembly Hall Auditorium
Concourse Level
Chicago, IL
8/24/2000
10:30 am
R01-10 In the Matter of: Natural Gas-Fired, Peak-
Load Electrical Power Generating
Facilities (Peaker Plants)
James R. Thompson Center
100 W. Randolph Street
Assembly Hall Auditorium
Concourse Level
Chicago, IL
8/24/2000
11:00 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago, IL
8/31/2000
10:00 am
Deliberative Session
9/7/2000
11:00 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago, IL
9/14/2000
10:00 am
Deliberative Session
9/18/2000
9:30 am
PCB 99-191 People of the State of Illinois v. Panhandle
Eastern Pipe Line Company
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
9/19/2000
9:30 am
PCB 99-191 People of the State of Illinois v. Panhandle
Eastern Pipe Line Company
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
9/20/2000
9:30 am
PCB 99-191 People of the State of Illinois v. Panhandle
Eastern Pipe Line Company
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
9/21/2000
9:30 am
PCB 99-191 People of the State of Illinois v. Panhandle
Eastern Pipe Line Company
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
9/21/2000
11:00 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago, IL
9/22/2000
9:30 am
PCB 99-191 People of the State of Illinois v. Panhandle
Eastern Pipe Line Company
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
9/28/2000
10:00 am
Deliberative Session
28
10/5/2000
1:00 pm
R01-10 In the Matter of : Natural Gas-Fired,
Peak-Load Electrical Power Generating
Facilities (Peaker Plants)
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
10/6/2000
10:00 am
R01-10 In the Matter of : Natural Gas-Fired,
Peak-Load Electrical Power Generating
Facilities (Peaker Plants)
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
------------------------------------------------CUT HERE------------------------------------------------
Environmental Register Comment Card
4
The Illinois Pollution Control Board is an independent
seven-member board that adopts environmental control
standards, rules on enforcement actions,
and other environmental disputes for the State of
Illinois.
The Environmental Register is published monthly by the
Board, and contains
updates on rulemakings, descriptions of final
decisions, the Board’s hearing calendar, and other
environmental law information.
------------------------------------------------CUT HERE------------------------------------------------
Illinois Pollution Control Board
Environmental Register Coordinator
600 South Second Street, Suite 402
Springfield, Illinois 62704
