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

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

Claire A. Manning, Chairman

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

Elena Z. Kezelis, Samuel T. Lawton Jr., Nicholas J. Melas

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

(312) 814-6032 TDD

Illinois Pollution Control Board

600 South Second Street

Springfield, Illinois 62704

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

Letter from the Chairman

The 2001 Illinois Environmental Conference sponsored by the Illinois State Bar

Association in Chicago was a huge success. Diana Jagiella, Board Member

Elena Kezelis, Richard Saines, Kendra Pohn, D.K. Hirner and many others are

to be commended for their hard work. The Conference was a comprehensive

forum for sharing and gathering information about environmental laws and

United States Environmental Protection Agency Region V Administrator, Tom

Skinner, gave a marvelous presentation on the Bush administration’s

perspectives on environmental programs. I am sure anyone who attended Mr.

Skinner’s session left with a better understanding of the administration’s vision for future environmental regulation.

On the State level, Senator William Mahar and Representative Brent Hassert did a great job discussing the issues

surrounding P.A. 92-12/92-13, commonly known as the coal bill.

Elena Kezelis and Katherine Hodge of Hodge, Dwyer & Zeman were able to give seminar participants insight about

practicing before the Illinois Pollution Control Board, both from the perspective of the Board and from an

experienced practitioner. Practicing before the Board has changed since new procedural rules went into effect at the

beginning of the year, and this seminar provided crucial information for those who appear before the Board on a

regular basis and those who may appear before the Board in the future.

The Conference could not have been a success without the support of the United States Environmental Protection

Agency, Illinois Environmental Protection Agency, Office of the Illinois Attorney General, Illinois Emergency

Management Agency, Illinois Department of Natural Resources, and the City of Chicago Department of

Environment. The Illinois Environmental Regulatory Group, Air & Waste Management Association, Illinois

Institute of Technology-Chicago Kent College of Law, and the Lake Michigan Federation were also instrumental in

organizing this diverse exchange about environmental law and regulation.

Based on the success of this year’s Conference, another one is being planned for next year. I look forward to seeing

Claire A. Manning, Chairman

Environmental Register – September 2001

Inside This Issue:

APPELLATE UPDATE

IEPA RESTRICTED STATUS LIST

IEPA CRITICAL REVIEW LIST

Federal Update

United States Environmental Protection Agency Proposes Minor Revisions to Public Notification Rule and

Consumer Confidence Report Rule Under the National Primary Drinking Water Regulations Implementing

the Safe Drinking Water Act

On September 7, 2001, USEPA proposed minor revisions to the public notification and consumer confidence report

rules under the National Primary Drinking Water regulations. 66 Fed. Reg. 46927.

The proposed revisions make specific changes to the health effects language for di(2-ethylhexyl) adipate (DEHA)

and di(2- ethylhexyl) phthalate (DEHP) in the Public Notification (PN) Rule (65 Fed. Reg. 26020 (May 4, 2000))

and the Consumer Confidence Report (CCR) Rule (63 Fed. Reg. 44511 (August 19, 1998)). USEPA is also

clarifying the proper use of the Integrated Risk Information System database. In addition, the proposed rules correct

mistakes in Appendix A of the CCR Rule. These minor changes to Appendix A address errors in the list of major

sources in drinking water for copper, the placement of regulatory and health effects information for the disinfection

., bromate, chloramines, chlorite, chlorine, and chlorine dioxide), and reference to chloride dioxide

instead of chlorine dioxide. USEPA is not reopening its consideration of the health effects statements in the PN and

CCR Rules for contaminants other than DEHA and DEHP.

Public comments on the proposed rule must be received by October 9, 2001. For further information contact

Kathleen Williams at 202/260-2589; e-mail address: williams.kathleena@epa.gov.

The Board will include any necessary amendments to its drinking water rules in an upcoming identical in substance

rulemaking pursuant to Sections 7.2 and 13.3 or 17.5 of the Environmental Protection Act (415 ILCS 5/7.2, 13.3,

United States Environmental Protection Agency Adopts National Priorities List for Uncontrolled Hazardous

Waste Sites Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 in

On September 13, 2001, USEPA in a final rule adopted national priorities list for uncontrolled hazardous waste sites

under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (42

U.S.C. §§ 9601

. (2000)), as amended. 66 Fed. Reg. 47583.

The final rule requires that the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) include a

list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, or

contaminants throughout the United States. The National Priorities List (NPL) constitutes this list. The NPL is

intended primarily to guide USEPA in determining which sites warrant further investigation. These further

investigations will allow USEPA to assess the nature and extent of public health and environmental risks associated

with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule

adds 11 new sites to the General Superfund Section of the NPL.

Environmental Register – September 2001

The effective date for this amendment to the NCP is October 15, 2001. For further information contact Yolanda

Singer at 703/603-8835; or the Superfund Hotline at 800/424-9346 or 703/412-9810.

United States Environmental Protection Agency Proposes National Priorities List for Uncontrolled

Hazardous Waste Sites Under the Comprehensive Environmental Response, Compensation, and Liability

Act of 1980

On September 13, 2001, USEPA proposed a national priorities list for uncontrolled hazardous waste sites. 66 Fed.

Reg. 47612. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42

U.S.C. §§ 9601

. (2000)), requires that the National Oil and Hazardous Substances Pollution Contingency

Plan (NCP) include a list of national priorities among the known releases or threatened releases of hazardous

substances, pollutants, or contaminants throughout the United States.

The National Priorities List (NPL) constitutes this list. The NPL is intended primarily to guide USEPA in

determining which sites warrant further investigation. These further investigations will allow USEPA to assess the

nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-

financed remedial action(s), if any, may be appropriate. The proposed rule would add 17 new sites to the NPL: 16

sites to the General Superfund Section of the NPL and one site to the Federal Facilities Section.

Public comments must be received by November 13, 2001. For further information contact Yolanda Singer at

703/603-8835; or the Superfund Hotline at 800/424-9346 or 703/412-9810.

United States Environmental Protection Agency Proposes National Emission Standards for Hazardous Air

Pollutants to Regulate Hydrochloric Acid Production Under the Clean Air Act

On September 18, 2001, USEPA proposed national emission standards for hazardous air pollutants (NESHAP) for

hydrochloric acid (HCl) production facilities, including HCl production at fume silica facilities. 66 Fed. Reg.

USEPA has identified these facilities as major sources of hazardous air pollutants (HAP) emissions, primarily HCl,

which is associated with a variety of adverse health effects. These adverse health effects include chronic health

disorders (for example, effects on the central nervous system, blood, and heart) and acute health disorders (for

example, irritation of eyes, throat, and mucous membranes and damage to the liver and kidneys). The proposed

NESHAP would implement Section 112(d) of the Clean Air Act (CAA) (42 U.S.C. §§ 7401

requiring all HCl production facilities that are major sources to meet HAP emission standards reflecting the

application of the maximum achievable control technology.

USEPA estimates that these proposed NESHAP would reduce nationwide emissions of HAP from HCl production

by approximately 1,620 Megagrams per year (Mg/yr) (1,790 tons per year (tpy)). The emissions reductions

achieved by these proposed NESHAP, when combined with the emissions reductions achieved by other similar

standards, would provide protection to the public and achieve a primary goal of the CAA.

Public comments must be received by November 19, 2001. If anyone contacts USEPA requesting a public hearing

by October 9, 2001, a public hearing will be held on October 18, 2001. For further information contact Bill

Maxwell at 919/541-5430; e-mail address maxwell.bill@epa.gov.

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

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

United States Environmental Protection Agency Proposes Guidelines Establishing Test Procedures for

Analysis of Pollutants and Whole Effluent Toxicity Test Methods Under the Clean Water Act

On September 28, 2001, USEPA proposed guidelines establishing test procedures for the analysis of pollutants;

whole effluent toxicity test methods. 66 Fed. Reg. 49793. USEPA proposes to ratify its approval of several

analytic test procedures measuring “whole effluent toxicity,”' which USEPA standardized in an earlier rulemaking.

Environmental Register – September 2001

This proposal would also modify some of those test procedures. USEPA is proposing to satisfy obligations in a

settlement agreement designed to resolve litigation over that earlier rulemaking. The proposed changes are intended

to improve the performance of whole effluent toxicity tests, and thus increase confidence in the reliability of the

results obtained using the test procedures.

Public comments must be received by November 27, 2001. For further information contact Marion Kelly at

202/260- 7117. For technical information contact Teresa J. Norberg-King at 218/529-5163.

If USEPA adopts these rules, the Board would anticipate that the Illinois Environmental Protection Agency

(Agency) will determine, as part of the triennial review of the state’s water rules required by the Clean Water Act,

whether any amendments to the state’s water rules are necessary. If so, the Board would expect to receive a

regulatory proposal from the Agency under Section 27 or 28.2of the Environmental Protection Act (415 ILCS 5/27,

Rule Update

Board Adopts First Notice Proposal in Proposed Amendments to Tiered Approach to Corrective Action

Objectives (TACO) (MTBE): 35 Ill. Adm. Code 742, R00-19(C)

On September 6, 2001, the Board adopted for first notice publication in the

Illinois Register

proposed cleanup

standards for methyl tertiary-butyl ether (MTBE) in Proposed Amendments to Tiered Approach to Corrective

Action Objectives (TACO) (MTBE): 35 Ill. Adm. Code 742, R00-19(C). This docket was opened by the Board on

June 7, 2001, for the purpose of addressing the MTBE cleanup standards that were originally contained in the May

15, 2000 proposal by the Illinois Environmental Protection Agency (Agency) to amend 35 Ill. Adm. Code 742 of

the Board’s land regulations. The rules in Part 742 are commonly referred to as the Tiered Approach to Corrective

Action Objectives (TACO) rules.

The Board accepted the matter for hearing on May 18, 2000. On July 27, 2000, the Board moved the Agency’s

proposed rulemaking to first notice. In doing so, the Board divided the proposal into two subdockets, A and B. The

Subdocket A amendments were adopted on December 21, 2000 (Proposed Amendments to Tiered Approach to

Corrective Action Objectives (TACO): 35 Ill. Adm. Code 742, R00-19(A)), and the Subdocket B amendments

were adopted on July 26, 2001 (Proposed Amendments to Tiered Approach to Corrective Action Objectives

(TACO): 35 Ill. Adm. Code 742, R00-19(B)).

The cleanup standards for MTBE were originally proposed at first-notice as part of the Board’s first notice opinion

and order in R00-19(B).

Proposed Amendments to Tiered Approach to Corrective Action Objectives (TACO):

35 Ill. Adm. Code 742, R00-19(B) (July 27, 2000). By creating a separate Subdocket C for the MTBE amendments,

the Board intended to coordinate this rulemaking with another pending Agency proposal that would add

groundwater quality standards for MTBE.

See generally

Proposed MTBE Groundwater Quality Standards

Amendments: 35 Ill. Adm. Code 620, R01-14.

The proposed amendments will be published in the

Illinois Register

, whereupon a 45-day public comment period

will begin. During the public comment period, any interested persons may file public comments with the Board

pertaining to this proposal.

While public hearings have not been held in this Subdocket, three public hearings were held in Subdockets A and B.

At the time of the public hearings, the proposed MTBE cleanup standards were part of Subdocket B. The first and

third hearings were held in Chicago on August 25 and September 21, 2000. The second hearing was held in

Springfield on September 11, 2000.

For additional information contact Amy Jackson at 217/524-8507; e-mail address: jacksona@ipcb.state.il.us

Board Adopts First Notice Proposal in Proposed MTBE and Compliance Determination Amendments to

Environmental Register – September 2001

Groundwater Quality Standards: 35 Ill. Adm. Code 620, R01-14

On September 6, 2001, the Board adopted proposed rules for first notice publication in the

Illinois Register

Proposed MTBE and Compliance Determination Amendments to Groundwater Quality Standards: 35 Ill. Adm.

Code 620, R01-14. The Board’s first notice proposal is based on the September 1, 2000 proposal by the Illinois

Environmental Protection Agency (Agency) to amend the Board’s public water supply regulations at 35 Ill. Adm.

The proposed regulations would amend the Board’s Part 620 groundwater quality regulations to include methyl

tertiary butyl-ether (MTBE). Specifically, the proposed regulations include a preventative response level in addition

to Class I and Class II groundwater standards for MTBE. The proposed regulations would also clarify sampling

procedures for certain existing drinking water supply wells. The proposed MTBE groundwater standards will serve

as a basis for amendments to other proposed regulations currently pending before the Board.

Proposed Amendments to Tiered Approach to Correction Action Objectives (TACO): 35 Ill. Adm. Code 742, R00-

Two public hearings have been held. The first hearing was held on March 1, 2001, in Springfield. The second

hearing was held on April 5, 2001, in Chicago. The Board received two public comments in this proceeding. The

Board will accept written public comment on these proposed rules for at least 45 days after publication of the

proposal in the

Illinois Register.

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

Board Adopts Second Notice Proposal in Amendments to Livestock Waste Regulations (35 Ill. Adm. Code

506), R01-28

On September 6, 2001, in Amendments to Livestock Waste Regulations (35 Ill. Adm. Code 506), R01-28, the

Board adopted rules for second notice review by the Joint Committee on Administrative Rules (JCAR). On January

22, 2001, the Illinois Department of Agriculture (Department) filed a proposal to amend the Board’s livestock waste

regulations at 35 Ill. Adm. Code 506 (Part 506).

In summary, the Part 506 amendments proposed for second notice are a modified version of the proposal. They

accomplish two objectives. First, the rules establish or enhance design and construction standards for livestock

waste handling facilities. Second, the proposed amendments repeal administrative provisions now superceded by 8

Ill. Adm. Code 900.

The Board originally adopted the Part 506 rules on May 15, 1997 in Livestock Waste Regulations: 35 Ill. Adm.

Code 506, R97-15(A). Part 506 contains standards to construct livestock waste lagoons, develop waste

management plans, certify livestock managers, and implement setback distances. The Department’s proposal was

necessitated by recent amendments to the Livestock Management Facilities Act (LMFA) (510 ILCS 77/1

On May 21, 1996, Public Act 89-456 created the LMFA (510 ILCS 77/1

to establish requirements

for siting, constructing, and operating livestock management and waste handling facilities. The LMFA requires the

Department to propose rules to the Board based on recommendations from a Livestock Management Facility

Advisory Committee (510 ILCS 77/55 (2000)). On November 21, 1996, the Department submitted proposed rules

to the Board, which the Board adopted on May 15, 1997.

Livestock Waste Regulations, 35 Ill. Adm. Code 506,

R97-15(A) (May 15, 1997). The 1997 Part 506 rules included standards for constructing livestock waste lagoons,

developing waste management plans, certifying livestock managers, and implementing setback distances. The

Board promulgated rules for lagoon financial surety in a separate rulemaking.

Livestock Waste Regulations, 35

Ill. Adm. Code 506, R97-15(B) (Nov. 12, 1998).

The legislature has amended LMFA twice since the Board adopted the Part 506 rules in 1997 (

P.A. 90-565, eff.

Jan. 2, 1998; P.A. 91-110, eff. July 13, 1999). The legislative amendments require the Department to promulgate

rules governing all sections of LMFA other than design and construction standards for livestock waste handling

facilities (510 ILCS 77/55 (2000)). Accordingly, the Department adopted rules at 8 Ill. Adm. Code 900 on January

Environmental Register – September 2001

1, 2001. The amendments also require the Board, pursuant to a proposal filed by the Department, to promulgate

standards for designing and constructing livestock waste handling facilities (510 ILCS 77/55 (2000)).

To expedite this rulemaking, the Board adopted the Department’s proposal for first notice on February 15, 2001,

without commenting on the merits of the proposal. The proposal was published for first notice in the

on March 2, 2001 (25 Ill. Reg. 3121).

During the first-notice period, the Board held two public hearings on the Department’s proposal (April 2 and April

30, 2001) before Board Hearing Officer Carol Sudman. The Board also received numerous public comments in this

proceeding. JCAR is scheduled to consider these proposed rules at its October 23, 2001 meeting.

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

Board Dismisses Provisional Variances from Water Temperature Standards: Proposed New 35 Ill. Adm.

Code 301.109, R01-31

On September 6, 2001, the Board granted the August 23, 2001 motion of the Illinois Environmental Protection

Agency (Agency) to withdraw its regulatory proposal to establish new rules in Provisional Variances From Water

Temperature Standards: Proposed New 35 Ill. Adm. Code 301.109, R01-31. .

On April 19, 2001, the Board accepted for hearing the Agency’s April 13, 2001 proposal to amend the Board’s

water pollution regulations to add new rules outlining the matters to be considered by the Board in dealing with

requests for provisional variances from thermal discharge standards in any permit, Board order or rule.

Adm. Code 302.211, 303.101

On June 7, 2001, the first of two scheduled hearings was held in this matter. On August 20, 2001, the Agency filed,

and the hearing officer granted, a motion to cancel the second hearing scheduled for August 23, 2001.

The Agency’s August 23, 2001 motion to withdraw the rulemaking stated that the proposal to address thermal

provisional variances did not constitute a substantive addition or limitation to existing statutory authority, but was

entirely procedural in nature. According to the Agency, “one beneficial result of these proceedings has been to

familiarize the regulated community with the Agency’s expectations for thermal provisional variance applications.”

The Agency also indicated that the “regulated community has demonstrated . . . agreement and acceptance of both

Agency intent and authority” regarding the criteria and necessary supporting information for an approvable

provisional variance application involving thermal discharges. The Agency therefore concluded, “the adoption of

the Agency proposal in R01-31 is not necessary at this time for the [Agency] or the Board to carry out their

statutory roles in the provisional variance process.”

No responses were filed by any hearing participants.

For additional information contact Andrew Boron at 312/814-6062; e-mail address: borona@ipcb.state.il.us

Appellate Update

First District Appellate Court Affirms in Part and Reverses in Part the Board’s Order in James W. Martin

and Eva D. Martin, individually and d/b/a Martin’s of Matteson v. Pollution Control Board and Matteson

WHP Partnership, No. 1-00-2513 (1st Dist. June 29, 2001)

On June 29, 2001, the First District Appellate Court affirmed in part and reversed in part the Board’s order in a

citizen enforcement action in Matteson WHP Partnership v. James W. Martin and Eva D. Martin, individually and

d/b/a Martin’s of Matteson, PCB 97-121 (June 22, 2000). In an unpublished order issued under Illinois Supreme

Court Rule 23 (155 Ill. 2d R. 23) in the case, James W. Martin and Eva D. Martin, individually and d/b/a Martin’s

of Matteson v. Pollution Control Board and Matteson WHP Partnership, No. 1-00-2513 (1st Dist. June 29, 2001),

Environmental Register – September 2001

the court affirmed that portion of the Board’s order finding a violation of Section 21(e) of the Environmental

Protection Act (Act) (415 ILCS 5/21(e) (2000)) and requiring a soil clean-up. However, the court reversed that

portion requiring a groundwater remedy, which the court did not find warranted, given its agreement with the

Board’s finding that there was no violation of Section 12(a) of the Act.

Respondents James and Eva Martin ran a dry cleaning business at a shopping center in Matteson, Illinois, from

1981 to 1997. The Martins leased space at the shopping center. Complainant Matteson WHP Partnership, the

operating entity of the shopping center, filed an enforcement action with the Board against the Martins. The Board

found that the Martins, through their dry cleaning business, violated Section 21(e) of the Act by improperly

disposing of perchloroethylene at the site of their business. Perchloroethylene or “perc” is a solvent commonly used

in dry cleaning businesses. The Board did not find a violation, however, of Section 12(a) of the Act for two

reasons. First, the complainant did not properly develop its monitoring wells at the site, so the groundwater

contaminant data it gathered was unreliable. Second, the complainant alleged that the Martins “caused or allowed”

a violation of groundwater quality standards, but failed to allege that they “threatened” a groundwater violation.

The Board found that, as a result of the Martins’ improper disposal in violation of Section 21(e), the site’s soil was

contaminated with perc and there was a continuing threat of perc contamination to the site’s groundwater. The

Board therefore ordered the Martins to clean up the contaminated soil around the site and to investigate for

groundwater contamination and, if found, to clean up the groundwater. The Board required the Martins to perform

this work under the Tiered Approach to Corrective Action Objectives (TACO) (35 Ill. Adm. Code 742).

The First District affirmed the Board’s finding of violation as not contrary to the manifest weight of the evidence.

The court held that the Board properly relied solely on circumstantial evidence of improper disposal and did not

need direct evidence, such as an eyewitness to the disposal, to find a violation. The court also affirmed the Board’s

order for a TACO soil cleanup. The court, however, reversed the Board’s groundwater remedy. The court was

persuaded that because the Board found that the complainant failed to prove the alleged Section 12(a) “water”

violation, the Board could not order the groundwater remedy.

In upholding the Board’s soil remedy, the court rejected the Martins’ argument that the Board’s cleanup order

provided only economic relief. The court found that the Board was not exceeding its authority in ordering a cleanup

to TACO’s more stringent residential cleanup levels. The court also upheld the Board’s decision to make the

cleanup contingent on the Martins obtaining access to the site from the property owner, who was not a party to the

enforcement proceeding before the Board.

First District Appellate Court Grants Motion to Withdraw Petition in EnviroPower, LLC v. Illinois Pollution

Control Board and Illinois Environmental Protection Agency, No. 01-0234 (July 11, 2001)

On July 11, 2001, in an unpublished order the court issued under Illinois Supreme Court Rule 23 (155 Ill. 2d R. 23),

the First District granted EnivroPower, LLC’s motion to withdraw its January 24, 2001 petition for review of a

recent Board air rulemaking. The rulemaking at issue was Proposed New 35 Ill. Adm. Code 217, Subpart W, the

NOx Trading Program for Electrical Generating Units, and Amendments to 35 Ill. Adm. Code 211 and 217, R01-9

(Dec. 21, 2000).

During the past year, the Board completed four rulemakings amending its air rules regulating emissions of nitrogen

oxides (NOx) by various sources, and establishing NOx emissions trading programs for various sources. Each

proposal was filed under Section 28.5 of the Environmental Protection Act (Act) (415 ILCS 5/28.5 (2000)). Section

28.5 provides for “fast-track” adoption of certain regulations necessary for compliance with the Clean Air Act

Amendments of 1990 (42 U.S.C. §§ 7401

Each of these four rulemakings was intended to assist the State in attaining compliance with the one-hour National

Ambient Air Quality Standards (NAAQS) for ozone. Currently, two areas of the State are not in compliance with

the ozone NAAQS: the Chicago and Metro-East non-attainment areas.

In October 1998, the United States Environmental Protection Agency (USEPA) promulgated a document titled

Finding of Significant Contribution and Rulemaking for Certain States in the Ozone Transport Assessment Group

Environmental Register – September 2001

Regions for Purpose of Reducing Regional Transport of Ozone

. This document, commonly known as the “NOx SIP

Call,” requires the State to develop NOx emissions to a specified budget. USEPA has given the State a budget of

270,560 tons of NOx per yearly ozone season, bases on NOx emissions in 2007 taking into account required NOx

In response to the NOx SIP Call, in Section 9.9 of the Act, the General Assembly specifically mandated the Illinois

Environmental Protection Agency (Agency) to propose, and the Board to adopt, responsive rules. Section 9.9

required establishment of a NOx Trading System, as well as rules for NOx reductions for cement kilns and

stationary internal combustion engines.

The Agency filed its R01-9 regulatory proposal as a fast-track rulemaking on July 11, 2000. During the R01-9

rulemaking hearings, EnviroPower challenged the amount of allocations of NOx emissions set-aside for new

sources. Additionally, EnviroPower argued that the procedure to obtain the allocations unduly favored the existing

electrical generating units (EGUs) over the new EGUs.

EnviroPower’s January 24, 2001 petition for review, alleged the Board and the Agency “failed to comply with the

laws of Illinois, including but not limited to the Illinois Environmental Protection Act.” Enviropower withdrew the

appeal prior to any briefing by the parties.

Third District Appellate Court Affirms the Board in ESG Watts, Inc. v. Pollution Control Board, Nos. 3-00-

0773 and 3-00-0774 (consolidated)

On September 14, 2001, in an unpublished order issued pursuant to Illinois Supreme Court Rule 23 (155 Ill. 2d R.

23), the Third District affirmed the Board in the court’s consolidated cases ESG Watts, Inc. v. Pollution Control

Board, Nos. 3-00-0773 and 3-00-0774. The Board had affirmed permit denials by the Illinois Environmental

Protection Agency’s (Agency) in the Board’s consolidated cases ESG Watts, Inc. v. IEPA, PCB 00-158 (Viola

Landfill) and PCB 00-159 (Taylor Ridge Landfill) (Aug. 24, 2000) (consolidated). The cases involved solid waste

landfills known as the Viola Landfill located in Sangamon County and the Taylor Ridge/Andalusia Landfill located

in Rock Island County, Illinois.

In two separate orders, the Board declined to review a pre-enforcement letter issued by the Agency under Section 31

of the Environmental Protection Act (Act) (415 ILCS 5/31 (2000)) directed to ESG Watts. The Board held that the

letter did not constitute a final determination from which an appeal could be sought and accordingly was not subject

to review. ESG Watts appealed each Board order to the Third District.

The Third District agreed that the Board lacked subject matter jurisdiction. The court noted that, under Section

31(b) of the Act, “before any referral [to the Attorney General] occurs, the [Agency] must issue and serve, by

certified mail, a written notice informing the violator that the [Agency] intends to pursue legal action.” 415 ILCS

5/31(b) (2000). The court emphasized that the Agency’s letter at issue in this appeal “does not state that it is [the

Agency’s] final action, determination, or intention to pursue legal action regarding Watts’ financial assurances for

the landfills. Thus, the letter is a facet of pre-enforcement activities according to [S]ection 31 of the Act that does

not create an actual controversy.”

ESG Wattsalso argued that, if the Board lacks jurisdiction to hear its petition, ESG Watts lacks means to gain

release of its funds held in trust. In response, the court stated that “other possible remedies were, and continue to

be, available to Watts in the circuit court.”

Environmental Register – September 2001

Board Actions

September 6, 2001

Springfield, Illinois

Rulemakings

In the Matter of: Proposed Amendments to Tiered Approach to Corrective

Action Objectives (TACO): 35 Ill. Adm. Code 742 (MTBE) – The Board

adopted a first notice opinion and order in this rulemaking to amend the

standards for tiered approach to corrective action objectives.

In the Matter of: Proposed MTBE Groundwater Quality Standards

Amendments: 35 Ill. Adm. Code 620 – The Board adopted a first notice opinion

and order in this rulemaking to amend the Board’s public water supply

In the Matter of: Amendments to Livestock Waste Regulations: 35 Ill. Adm.

Code 506 – The Board adopted a second notice opinion and order in this

rulemaking to amend the Board’s livestock waste regulations.

In the Matter of: Provisional Variances from Water Temperature Standards:

Proposed New 35 Ill. Adm. Code 301.109 – The Board granted the Illinois

Environmental Protection Agency’s motion to withdraw its April 13, 2001

proposal and closed this docket.

Administrative Citations

County of Perry v. William Shrum – The Board found that this Perry County

respondent violated Sections 21(p)(1) and (p)(3) of the Act (415 ILCS

5/21(p)(1), (p)(3) (2000)), and ordered respondent to pay a civil penalty of

IEPA v. Mound City – The Board accepted for hearing this petition for review

of an administrative citation against this Pulaski County respondent.

Antonio D.H. Nam v. Kikon Suh – In this underground storage tank

enforcement action concerning a Cook County facility, the Board found no

violations of Section 21(a) of the Act (415 ILCS 5/21(a) (1996)) or 35 Ill. Adm.

Code 732.200 and dismissed this matter.

Environmental Register – September 2001

People of the State of Illinois v. Doren Poland, Lloyd Yoho, and Briggs

Industries, Inc. a/k/a Briggs Plumbing Products, Inc.; Briggs Industries, Inc.

Third-Party Complainant v. Loren West and Abingdon Salvage Company, Inc.,

Third-Party Respondents – In this land enforcement action concerning a Knox

County facility, the Board found that respondents violated Sections 21(a), (d),

(e), and (p)(1) of the Environmental Protection Act (415 ILCS 5/21(a), (d), (e),

(p)(1) (2000)) and Sections 807.201, 807.202(a), and 812.101 of the Board’s

waste disposal regulations (35 Ill. Adm. Code 807.201, 807.202(a), 812.101).

Further hearings will be held on the appropriate relief.

People of the State of Illinois v. American Wood Recycling, Inc. – In this land

enforcement action concerning a Cook County facility, the Board granted relief

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

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

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

$4,000, and to cease and desist from further violations.

People of the State of Illinois v. A.E. Staley Manufacturing Company – In this

water enforcement action concerning a Macon County facility, the Board

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

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

stipulation and settlement agreement, ordered the respondent to pay a total civil

penalty of $35,000, and to cease and desist from further violations.

Roger L. Young and Romana K. Young v. Gilster-Mary Lee Corporation – In

this citizens noise enforcement action concerning a Randolph County facility,

the Board found that respondent violated Section 24 of the Environmental

Protection Act (415 ILCS 5/24 (2000)) and 35 Ill. Adm. Code 900.102.

People of the State of Illinois v. Ratliff Brothers and Co., Inc. – In this land and

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

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

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

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

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

People of the State of Illinois v. Macon County Landfill Corporation – In this

water enforcement action concerning a Macon County facility, the Board

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

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

stipulation and settlement agreement, ordered the respondent to pay a total civil

penalty of $75,000, and to cease and desist from further violations.

Environmental Register – September 2001

Provisional Variance

Midwest Generation EME, LLC v. IEPA – Upon receipt of an Illinois

Environmental Protection Agency recommendation, the Board granted this Will

County facility a 45-day provisional variance, subject to conditions, from the

effluent limits set forth at 35 Ill. Adm. Code 304.124(a).

Motions and Other Matters

Nelson Westerberg, Inc. v. Office of the State Fire Marshal – The Board

directed respondent to articulate within 14 days why the two reasons stated in its

March 6, 2001 denial letter are proper bases for denying eligibility.

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

County, PrairieLand Construction, Inc. Construction, Inc., and Rich Williams

d/b/a C.R. Williams & Associates Architects – The Board granted respondent

PrairieLand Construction, Inc.’s motion for leave to file an amended answer.

People of the State of Illinois v. Alloy Engineering & Casting Company – The

Board denied Heather J. Livengood’s motion to intervene.

Johnson Oil Company v. IEPA – The Board accepted for hearing this permit

appeal involving a Livingston County facility.

U.S. Army Corps of Engineers v. IEPA – Having previously granted a request

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

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

Village of Bensenville v. IEPA – Having previously granted a request for a 90-

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

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

Village of Mount Prospect v. IEPA – Having previously granted a request for a

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

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

White Owl Truck Stop v. IEPA – Having previously granted a request for a 90-

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

tank appeal was filed on behalf of this Coles County facility.

City of Charleston v. IEPA – The Board accepted for hearing this request for

variance involving a Coles County facility.

Environmental Register – September 2001

Dean Foods Company v. IEPA – The Board accepted for hearing this permit

appeal involving a Cook County facility.

St. Joseph 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

Cook County facility.

Marconi Data Systems, Inc. and Marconi, Inc. v. IEPA – The Board accepted

for hearing this underground storage tank appeal involving a Cook County

People of the State of Illinois v. Pritzker Realty Group, L.P. and PDA CORP. –

Upon receipt of a proposed stipulation and settlement agreement and an agreed

motion to request relief from the hearing requirement in this water enforcement

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

required newspaper notice.

Rezmar 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.

September 20, 2001

Via Video Conference Between

Springfield and Chicago, Illinois

Adjusted Standards

In the Matter of : Petition of the City of Sycamore for an Adjusted Standard

from 35 Ill. Adm. Code Sections 306.305(b) and 304.121 – The Board

dismissed petitioner’s request for an adjusted standard due to continued failure

to meet requests for more information.

In the Matter of: Petition of Rhodia, Inc. and Thorn Creek Basin Sanitary

District for an Adjusted Standard from 35 Ill. Adm. Code Section 302.208 and

304.105 – The Board accepted petitioners’ amended petition for an adjusted

standard and on its own motion added Takasago Corporation (U.S.A.) and

Consumers Illinois Water Company as respondents.

Environmental Register – September 2001

Administrative Citation

County of LaSalle v. Mr. and Mrs. Gary Kempiak – The Board found that these

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

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

People of the State of Illinois v. Kenneth Morrison – The Board entered an order

finding respondent liable for punitive damages in the amount of $61,804.04

pursuant to Section 55.3(h) of the Environmental Protection Act (415 ILCS

5/55.3(h) (2000)). This order follows the Board’s interim order of January 18,

2001, which granted complainant’s motion for summary judgment for the cost

of corrective action and ordered respondent to reimburse the Illinois

Environmental Protection Agency in the amount of $30,902.52 for costs

incurred in the cleanup of accumulated used and waste tires at a site located at or

near Coalville Road, Streator, Livingston County, Illinois.

Provisional Variance

Village of Panama v. IEPA – Upon receipt of an Illinois Environmental

Protection Agency recommendation, the Board granted this Bond County

facility a 45-day provisional variance, subject to conditions, from the effluent

limits set forth in 35 Ill. Adm. Code 304.120(a) and 304.141(a).

Motions and Other Matters

Universal Scrap Metals, Inc. v. Flexi-Van Leasing, Inc. – The Board clarified

that the dismissal of this case, granted by Board order of August 23, 2001, was

with prejudice.

Jersey Sanitation Corporation v. IEPA – The Board denied respondent’s motion

for reconsideration of the Board’s June 21, 2001 opinion and order, granting

petitioner’s motion for summary judgment.

People of the State of Illinois v. Roecker Cabinets Inc., d/b/a Roecker Cabinet

& Millwork – Upon receipt of a proposed stipulation and settlement agreement

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

Resource Conservation and Recovery Act enforcement action involving a

Tazewell County facility, the Board ordered publication of the required

newspaper notice.

Community Landfill Company and City of Morris v. IEPA – The Board denied

respondent’s motion to reconsider its August 23, 2001 order, which granted

petitioners’ motion for expedited review.

Environmental Register – September 2001

Rebecca S. Lawrence v. Northpoint Grade School - The Board found that the

alleged violations in the complaint were neither duplicitous nor frivolous, and

accepted for hearing this matter involving a McLean County facility.

Doris Glave v. Brent and Patty Harris and Winds Chant Kennel, Inc. – The

Board found that the alleged violations in the complaint were neither

duplicitous nor frivolous, and accepted for hearing this matter involving a Lake

County facility.

Ila M. Neathery and Denise C. Fleck v. Greg and Karen Bouillon d/b/a

Thirsty’s – The Board found that the alleged violations in the complaint were

neither duplicitous nor frivolous, denied respondents’ motion to dismiss, and

accepted for hearing this matter involving a Sangamon County facility.

People of the State of Illinois v. Bob Nickel, d/b/a Nickel Agri-Service – Upon

receipt of a proposed stipulation and settlement agreement and an agreed

motion to request relief from the hearing requirement in this water enforcement

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

the required newspaper notice.

Bridgestone/Firestone Off-Road Tire Company v. IEPA – The Board accepted

for hearing this permit appeal involving a McLean County facility. The Board

reserved ruling on the request for stay of effectiveness until the Illinois

Environmental Protection Agency has the opportunity to address the issue.

Dynegy Midwest Generation, Inc. (Wood River Power Station) v. IEPA – The

Board granted this request for a 90-day extension of time to file a permit appeal

on behalf of this Madison County facility.

L. Keller Oil Properties, Inc. (Charleston) v. IEPA – The Board accepted for

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

September 6, 2001 Board Meeting

Dean Foods Company v. IEPA – The Board accepted for hearing this permit appeal involving a Cook

County facility.

St. Joseph 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 Cook County facility.

Marconi Data Systems, Inc. and Marconi, Inc. v. IEPA – The Board accepted for hearing this underground

storage tank appeal involving a Cook County facility.

People of the State of Illinois v. Pritzker Realty Group, L.P. and PDA CORP. – Upon receipt of a proposed

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

Environmental Register – September 2001

water enforcement action involving a Lake County facility, the Board ordered publication of the required newspaper

Rezmar 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.

Midwest Generation EME, LLC, v. IEPA – Upon receipt of an Illinois Environmental Protection Agency

recommendation, the Board granted this Will County facility a 45-day provisional variance, subject to conditions,

from the effluent limits set forth in 35 Ill. Adm. Code 304.124(a).

County of LaSalle v. Mr. and Mrs. Gary Kempiak – The Board accepted this petition for review of an

administrative citation against these LaSalle County respondents.

September 20, 2001 Board Meeting

People of the State of Illinois v. Bob Nickel, d/b/a Nickel Agri-Service – Upon receipt of a proposed

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

water enforcement action involving a Sangamon County facility, the Board ordered publication of the required

newspaper notice.

People of the State of Illinois v. Meridian Development Corporation – No action taken.

Bridgestone/Firestone Off-Road Tire Company v. IEPA – The Board accepted for hearing this permit appeal

involving a McLean County facility. The Board reserved ruling on the request for stay of effectiveness until the

Illinois Environmental Protection Agency has the opportunity to address the issue.

Village of Grayslake v. Winds Chant Kennel – The Board held for a later duplicitous/frivolous determination

this citizens noise enforcement action involving a Lake County facility.

Dynegy Midwest Generation, Inc. (Wood River Power Station) v. IEPA – The Board granted this request for

a 90-day extension of time to file a permit appeal on behalf of this Madison County facility.

L. Keller Oil Properties, Inc.(Charleston) v. IEPA – The Board accepted for hearing this underground storage

tank appeal involving a Coles County facility.

Village of Panama v. IEPA – Upon receipt of an Illinois Environmental Protection Agency recommendation,

the Board granted this Bond County facility a 45-day provisional variance, subject to conditions, from the effluent

limits set forth at 35 Ill. Adm. Code 304.120(a) and 304.141(a).

IEPA v. Terry and Latisha Springer – The Board accepted for hearing this petition for review of an

administrative citation against these Jersey County respondents.

IEPA v. Terry Baker d/b/a Baker Excavating – The Board accepted for hearing this petition for review of

an administrative citation against this Franklin County respondent.

IEPA v. Mark and Ann Musser; Pro-Excavating, Ltd; Charles Heuerman d/b/a Charles Heuerman General

Trucking; David Swingler d/b/a Swingler Construction; and Beecher City Community School District – The Board

accepted for hearing this petition for review of an administrative citation against these Champaign County

Environmental Register – September 2001

Illinois Pollution Control Board Meeting

Via Video Conference

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

In the Matter of: Enhanced Vehicle

Inspection and Maintenance (I/M)

Regulations: Amendments to 35 Ill. Adm.

Code Part 240.191-240.193

Regional Headquarters Complex

1100 East Port Plaza Drive

Community Landfill Company and City of

Grundy County Admin. Center

1320 Union Street

Community Landfill Company and City of

Grundy County Admin. Center

1320 Union Street

Community Landfill Company and City of

Grundy County Admin. Center

1320 Union Street

IEPA v. Kishwaukee Auto parts

(Rockford/Kishwaukee Auto Parts) IEPA

Docket No. 141-01-AC

Rockford State Office Building

Conference Rooms A and B

4302 North Main

Illinois Pollution Control Board Meeting

Via Video Conference

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

In the matter of: Enhanced Vehicle

Inspection and Maintenance (I/M)

Regulations: Amendments to 35 Ill. Adm.

Code Part 240.191-240.193

James R. Thompson Center

100 West Randolph Street

Environmental Register – September 2001

People of the State of Illinois v. Brake’s

Enterprises, Inc. d/b/a/ Brake’s Amoco

City Council Chambers

102 North Neil Street

People of the State of Illinois v. Nina

Enterprises, Inc.

James R. Thompson Center

Conference Room 11-512

100 West Randolph Street

Illinois Pollution Control Board Meeting

Via Video Conference

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

People of the State of Illinois v City of

Lawrenceville; John A. Gordon. P.E.;

Gordon & Price, Inc.; David Guillaum

d/b/a D&G Construction; and Wayne

Lapington d/b/a Lapington Trucking and

Lawrenceville City Hall

700 East State Street

Stephen G. Brill v. Henry Latoria d/b/a TL

Trucking Foodliner

James R. Thompson Center

100 West Randolph Street

People of the State of Illinois v. City of

Lawrenceville; John A. Gordon. P.E.;

Gordon & Price, Inc.; David Guillaum

d/b/a D&G Construction; and Wayne

Lapington d/b/a Lapington Trucking and

Lawrenceville City Hall

700 East State Street

People of the State of Illinois v. City of

Lawrenceville; John A. Gordon. P.E.;

Gordon & Price, Inc.; David Guillaum

d/b/a D&G Construction; and Wayne

Lapington d/b/a Lapington Trucking and

Lawrenceville City Hall

700 East State Street

David and Jacquelyn McDonough v. Gary

St. Clair County Building

10 Public Square

Environmental Register – September 2001

Illinois Pollution Control Board Meeting

Via Video Conference

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

Illinois Pollution Control Board Meeting

Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Environmental Register – September 2001

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 (Act) (415 ILCS 5/1

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 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 October 1, 2001.

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

NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY # RGN

NATURE OF PROBLEM SERVED

Acorn Acres Sbdv (Lake Co - 0975020)

Inadequate Pres Tank

Alden Long Grove Nursing Center(Lake Co - 0971090)

Inadequate Pres Tank

Bahl Wtr Corp (Jo Daviess Co - 0855200)

Inadequate Pres Storage

Bayles Lake Lot Owners Assn (Iroquois Co - 0755110)

Inadequate Pres Tank

Biggsville (Henderson Co - 0710050)

Adjusted Gross Alpha

Bonnie Lane Water Supply (Kendall Co - 0930010)

Inadequate Pres Tank

Bradford (Stark Co - 1750050)

Bradley Hts Sbdv (Winnebago Co - 2015050)

Inadequate Pres Tank

Bryant (Fulton Co - 0570200)

Adjusted Gross Alpha

Buckingham (Kankakee Co - 0910250)

Inadequate Pres Tank

Bushnell (McDonough Co - 1090150)

Adjusted Gross Alpha

Byron Woods Sbdv (Rock Island Co - 1610070)

Carbon Hill (Grundy Co - 0630100)

Adjusted Gross Alpha

Environmental Register – September 2001

Carroll Hts Utl Cmpny (Carroll Co - 0155200)

Inadequate Pres Tank

Century Pines Apts (Carroll Co - 0150020)

Inadequate Pres Tank

Claremont Hls Sbdv (McHenry Co - 1115080)

Inadequate Pres Tank

Clearview Sbdv (Will Co - 1975360)

Inadequate Pres Tank

Community Srvc Corp (McHenry Co - 1115350)

Inadequate Pres Tank

Coyne Cntr Coop (Rock Island Co - 1615150)

Inadequate Pres Tank

Cropsey Cmnty Wtr (McLean Co - 1135150)

Inadequate Pres Tank

Crystal Clear Wtr Cmpny (McHenry Co - 1115150)

Inadequate Pres Tank

Crystal Hts Assn (McHenry Co - 1115100)

Inadequate Pres Tank

D and R Apts (Champaign Co - 0190030)

Inadequate Pres Tank

Deering Oaks Sbdv (McHenry Co - 1115200)

Inadequate Pres Tank

DeKalb Univ Dvl Corp (DeKalb Co - 0375148)

Inadequate Pres Tank

DeWitt Cnty NH (DeWitt Co - 0395129)

Inadequate Pres Tank

DL Well Owners Assn (Lake Co - 0975380)

Inadequate Pres Tank

Dover (Bureau Co - 0110350)

Inadequate Pres Tank

East Moreland Wtr Assn (Will Co - 1975600)

Inadequate Pres Tank

East Moreland Wtr Corp (Will Co - 1975640)

Inadequate Pres Tank

Edelstein (Peoria Co - 1435150)

Adjusted Gross Alpha

Edgington Water District (Rock Island Co-1615550)

Inadequate Pres Tank

Elm Oak Mutual Wtr Syst (Lake Co - 0975736)

Inadequate Pres Tank

Emmett Utl Inc (McDonough Co - 1095200)

Inadequate Pres Tank

Evergreen Vlg Sbdv (Rock Island Co - 1615310

Inadequate Pres Tank

Fahnstock Court Sbdv (Peoria Co - 1435200)

Inadequate Pres Tank

Fair Acres Sbdv (Will Co - 1975680)

Inadequate Pres Tank

Farmington (Fulton Co - 0570500)

Adjusted Gross Alpha

Forest Lake Addn (Lake Co - 0975500)

Inadequate Pres Tank

Frwrd-Skyline Cpy (Kane Co - 0895030)

Inadequate Pres Tank

Galva (Henry Co - 0730450)

Adjusted Gross Alpha

Environmental Register – September 2001

Garden Street Imprv Assn (Will Co - 1975376) 2

Gardner (Grundy Co - 0630400)

Adjusted Gross Alpha

Glasford (Peoria Co - 1430350)

Adjusted Gross Alpha

Glenkirk Campus North (Lake Co - 0977189)

Inadequate Pres Tank

Glenkirk Campus South (Lake Co - 0977199)

Inadequate Pres Tank

Good Shepherd Mnr (Kankakee Co - 0915189)

Inadequate Pres Tank

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

Inadequate Pres Tank

Greenwood Outback (LaSalle Co - 0990080)

Inadequate Pres Tank

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

Inadequate Pres Tank

Hawthorn Woods (Lake Co - 0970450)

Inadequate Pres Tank

Heatherfield Sbdv (Grundy Co - 0635150)

Inadequate Pres Tank

Highland Sbdv (Kane Co - 0895530)

Inadequate Pres Tank

Hillview Sbdv (Will Co - 1975800)

Inadequate Pres Tank

Holy Family Villa (Cook Co - 0310280)

Inadequate Pres Tank

Hopewell (Marshall Co - 1235150)

Adjusted Gross Alpha

Huntley Cmnty Sbdv (Will Co - 1975840)

Inadequate Pres Tank

Ingalls Pk Sbdv (Will Co - 1975880)

Inadequate Pres Tank

Kewanee (Henry Co - 0730650)

Adjusted Gross Alpha

12,900 03/14/01

Kingston Mines (Peoria Co - 1430450)

Adjusted Gross Alpha

Knoxville (Knox Co - 0950300)

Adjusted Gross Alpha

Lake Lynwood Wtr Sys (Henry Co - 0735330)

Inadequate Pres Tank

Lakeview Hills Wtr Supply Cp (Whiteside Co - 1955150)

Inadequate Pres Tank

Lakewood Shores Imprv Assn

Adjusted Gross Alpha

Land and Water Assn (LaSalle Co - 0995050)

Inadequate Pres Storage

Larchmont Sbdv (Winnebago Co - 2015290)

Inadequate Pres Tank

Larson Court Rentals (Rock Island Co - 1615728)

Inadequate Pres Tank

Legend Lakes Wtr Assn (Winnebago Co - 2015300)

Inadequate Pres Tank

Liberty Park Homeowners Assn (DuPage Co - 0435600)

Inadequate Pres Tank

Environmental Register – September 2001

Lindenwood Wtr Assn (Ogle Co - 1415300)

Inadequate Pres Tank

Lisbon North Inc (Grundy Co - 0631000)

Inadequate Pres Tank

Little Swan Lake Sndst (Warren Co - 1875050) 5

Little York (Warren Co - 1870100)

Adjusted Gross Alpha

London Mills (Fulton Co - 0574620)

Inadequate Pres Tank

Lostant (LaSalle Co - 0990450)

Adjusted Gross Alpha

Lynn Cntr (Henry Co - 0735100)

Inadequate Pres Tank

Lynnwood Water Corp (LaSalle Co - 0995336)

Inadequate Pres Tank

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

Inadequate Source

Maple Leaf Ests Wtr Corp (Monroe Co - 1335100)

Inadequate Pres Tank

Mapleton (Peoria Co - 1430500)

Adjusted Gross Alpha

Mayfair Sbdv (Tazewell Co - 1795750)

Inadequate Pres Tank

Monmouth (Warren Co - 1870150)

Adjusted Gross Alpha

Mound PWD (St Clair Co - 1635050)

Inadequate Plant Capacity

Northwest Belmont Imprv Assn (DuPage Co - 0435900)

Inadequate Pres Tank

Oak Ridge Sndst (Woodford Co - 2035300)

Inadequate Pres Tank

Oakview Avenue Wtrwks Inc (Will Co - 1977210) 2

Olivet Nazarene College (Kankakee Co - 0915279) 2

Opheim PWS (Henry Co - 0735150)

Inadequate Pres Tank

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

Inadequate Pres Tank

Park Road Wtr Assn (Will Co - 1977330)

Inadequate Pres Tank

Park View Wtr Corp (Kane Co - 0895500)

Inadequate Pres Tank

Patoka (Marion Co - 1210400)

Inadequate Plant Capacity

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

Inadequate Pres Tank

Ports of Sullivan Lake Assn (Lake co - 0971160)

Inadequate Pres Tank

Prairie Ridge Assn (McHenry Co - 1115730)

Inadequate Pres Tank

Princeville (Peoria Co - 1430750)

Adjusted Gross Alpha

Ridgecrest North Sbdv (Grundy Co - 0635250)

Inadequate Pres Tank

Environmental Register – September 2001

Ridgewood Ledges Wtr Assoc(Rock Island Co-1615670)

Inadequate Pres Tank

Ridgewood Sbdv (Will Co - 1977650)

Inadequate Pres Tank

Sbdv Wtr Trust No 1 (Kane Co - 0895300)

Inadequate Pres Tank

Shawnita Trc Wtr Assn (Will Co - 1977690)

Inadequate Pres Tank

Skyview Estates (Kankakee Co - 0915526)

Inadequate Pres Tank

Sorento (Bond Co - 0050300)

St Charles Cmsn Wlfnd 3 (DuPage Co - 0437040)

Inadequate Pres Tank

Standard (Putnam Co - 1550300)

Adjusted Gross Alpha

Sturm Sbdv (Lake Co - 0977010)

Inadequate Pres Tank

Suburban Heights Sbdv (Rock Island Co - 1615800)

Inadequate Pres Tank

Summit Homeowners Assn (Lake Co - 0975280)

Inadequate Pres Tank

Sunny Hill Ests Sbdv (Henry Co - 0735300)

Inadequate Pres Tank

Sunnyland Sbdv (Will Co - 1977730)

Inadequate Pres Tank

Swedona Wtr Assn (Mercer Co - 1315200)

Inadequate Pres Tank

Sylvan Lake 1st Sbdv (Lake Co - 0977100)

Inadequate Pres Tank

Toulon (Stark Co - 1750150)

Adjusted Gross Alpha

Towners Sbdv (Lake Co - 0977250)

Inadequate Pres Tank

Trivoli PWD (Peoria Co - 1435510)

Inadequate Pres Tank

Turkey Hollow Well Corp (Rock Island Co - 1615686)

Inadequate Pres Tank

Utl Inc Lake Holiday (LaSalle Co - 0995200)

Inad Source & Treat Plt

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

Inadequate Pres Tank

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

Inadequate Pres Tank

Wermes Sbdv (Kane Co - 0895750)

Inadequate Pres Tank

West Salem (Edwards Co - 0470200)

Inadequte Treatment Plant

West Shore Park Sbdv (Lake Co - 0977370)

Inadequate Pres Tank

West Shoreland Sbdv (Lake Co - 0977050)

Inadequate Pres Tank

Whispering Lakes Wtr Sys Inc (Lake Co - 0970220)

Adjusted Gross Alpha

Wienen Estates (Jo Daviess Co - 0850030)

Inadequate Pres Tank

Environmental Register – September 2001

Wilmington (Will Co - 1971100)

Trihalomethane 5,094

Wonder Lake Wtr Cmpny (McHenry Co - 1115750)

Inadequate Pres Tank

Woodland Hts Ests Sbdv (Peoria Co - 1435760)

Inadequate Pres Tank

Woodsmoke Ranch Assn (LaSalle Co - 0990030)

Inadequate Pres Tank

York Cntr Coop (DuPage Co - 0437550)

Inadequate Pres Tank

2nd Street Wtr Assn (Lake Co - 0971140)

Inadequate Pres Tank

NO PUBLIC WATER SUPPLIES WERE REMOVED FROM PREVIOUS LIST

Environmental Register – September 2001

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 (415 ILCS 5/1

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 October 1, 2001.

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

NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY # RGN

NATURE OF PROBLEM SERVED

Arenzville (Cass Co - 0170050)

Inadequate Pres Tank

Beecher (Will Co - 1970050)

Inadequate Storage Capacity

Bluford (Jefferson Co - 0810100)

Low System Pressure

Browning (Schuyler Co - 1690050)

Inadequate Source

Clayton Camp Point Wtr Cmsn (Adams Co - 0015200)

Inad Pumping Capacity

Clinton (DeWitt Co - 0390050)

Inad Plant Capacity

Columbia (Monroe Co - 1330050)

Inad Pumping Capacity

DePue (Bureau Co - 0110300)

Inad Treatment Plant

Elizabeth (Jo Daviess Co - 0850150)

Low System Pressure

Evansville (Randolph Co - 1570250)

Low System Pressure

Galena (Jo Daviess Co - 0850200)

Low System Pressure

Georgetown (Vermilion Co - 1830350)

Inadequate Water Plant

Highland Hills Sndst (DuPage Co - 0435560)

Inadequate Pres Tank

Joy (Mercer Co - 1310100)

Low System Pressure

Kincaid (Christian Co - 0210250)

LaMoille (Bureau Co - 0110500)

Inadequate Plant Capacity

Environmental Register – September 2001

Lee (Lee Co - 1034600)

Inadequate Pres Tank

Mathersville (Mercer Co - 1310200)

Low System Pressure

McHenry Shores Wtr Cmpny (McHenry Co - 1115020)

Low System Pressure

Mechanicsburg Buffalo Wtr (Sangamon Co - 1675150)

Inadequate Source

Minonk (Woodford Co - 2030400)

Inadequate Source Capacity

Pheasant Knolls Sbdv (Lake Co - 0970290)

Inadequate Pres Tank

Scales Mound (Jo Daviess Co - 0850400)

Low System Pressure

Seneca (LaSalle Co - 0991050)

Inadequate Plant Capacity

South Highway PWD (Jackson Co - 0775400)

Low System Pressure

Stockton (Jo Daviess Co - 0850450)

Low System Pressure

Sumner (Lawrence Co - 1010300)

Low System Pressure

Tower Ridge Sbdv (Rock Island Co - 1615780)

Inadequate Pres Tank

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

Inad Pres Storage

Walnut Hill (Marion Co - 1210600)

Low System Pressure

Wonder Lake Wtr Cmpny (McHenry Co - 1115750)

Inadequate Storage

NO PUBLIC WATER SUPPLIES WERE REMOVED FROM PREVIOUS LIST

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Environmental Register Comment Card

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

that adopts environmental control standards, rules on enforcement actions,

and other environmental disputes for the State of Illinois.

The Environmental Register is published monthly by the Board, and

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

calendar, and other environmental law information.

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Illinois Pollution Control Board

Environmental Register Coordinator

600 South Second Street, Suite 402

Springfield, Illinois 62704