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

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

Claire A. Manning, Chairman

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

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

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

(312) 814-6032 TDD

Illinois Pollution Control Board

600 South Second Street

Springfield, Illinois 62704

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

Letter from the Chairman

As with the beginning of each year, 2001 brought with it hope for

advancements on many fronts, including the environment. During 2001,

concerns over energy supplies, global warming, and brownfields were among

the environmental issues that challenged the world, the nation, and the State of

Illinois lawmakers approved Governor George H. Ryan’s 3.5 billion dollar

incentive package designed to revitalize Illinois’ coal industry and to strengthen

the State’s ability to provide low-cost electricity. The measure creates the

Illinois Resource Development and Energy Security Act that combines tax and

financial incentives to encourage the development of new, clean-coal fired

electric plants. The new law also requires that the Illinois Environmental Protection Agency review the need for a

State multi-pollutant strategy to reduce air emissions from older, coal-fired electric plants.

The Pollution Control Board continued to make important changes to the Tiered Approach to Corrective Action

Objectives (TACO). Businesses use TACO when determining the extent of cleanup needed for a site. TACO takes

into account the risks posed by contaminant exposure routes and property uses. In July, the Board adopted

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

19(B), which updated scientific information and clarified testing procedures. Additionally, the Board sent to second

notice Proposed Amendments to Tiered Approach to Corrective Action Objectives (TACO) (MTBE): 35 Ill. Adm.

Code 742, R00-19(C), which would add methyl tertiary-butyl ether (MTBE) as a contaminant to be tested for during

a site remediation. MTBE was also addressed by the Illinois General Assembly, which adopted the MTBE

Elimination Act. That law will, by 2004, prohibit the use, manufacture, and sale of MTBE as a fuel additive and the

transportation of fuel containing MTBE in Illinois.

The Board adopted the Pleasant Valley Regulated Recharge Area, located in Peoria County. A regulated recharge

area is a defined area with specific regulations to protect groundwater resources. This is the State’s first regulated

For the first time, the Board heard a third-party appeal of a National Pollutant Discharge Elimination System

(NPDES) permit. The Board upheld the Illinois Environmental Protection Agency’s determination to grant an

NPDES permit to Black Beauty Coal Company. Prairie Rivers Network, the third-party petitioner, has filed an

appeal of the Board’s decision.

In the enforcement arena, the Board awarded its largest civil fine ever in a case in which the parties have not agreed

on a penalty. The Board fined Panhandle Eastern Pipe Line Company $850,000 for violating air emissions

standards under the Environmental Protection Act, including requirements of the federal Prevention of Significant

Deterioration program. The Board also awarded the State $115,750.25 in costs and attorney fees.

These are just a few of the environmental developments in 2001. I hope 2002 brings with it joy and prosperity for

you. I look forward to working with you in the coming year on the challenges that continue to emerge in protecting

our environment.

Claire A. Manning, Chairman

Environmental Register – December 2001

Inside This Issue:

APPELLATE UPDATE

IEPA RESTRICTED STATUS LIST

IEPA CRITICAL REVIEW LIST

Federal Update

United States Environmental Protection Agency Proposes New Annual Compliance Date With Regard to

Regulation of Fuel and Fuel Additives Under the Clean Air Act

On December 3, 2001, USEPA proposed April 15, 2002 as a new annual compliance date for reformulated gasoline

(RFG) and reformulated blendstock for oxygenate blending (RBOB). On or after April 15, 2002, no persons except

retailers and wholesale purchaser consumers would be able to accept receipt of any RFG other than summer grade

RFG. 66 Fed. Reg. 60163.

USEPA intends to help ease the annual spring transition from winter grade RFG to summer grade RFG by

increasing RFG inventories during the transition period. Requiring terminals to receive summer grade RFG by a

fixed date should help reduce the competitive pressure that keeps terminals from accepting summer grade RFG for

as long as possible, and may provide for a smoother transition in certain geographic areas by lengthening the

turnover time for terminal tanks.

USEPA is also proposing to simplify the existing blendstock accounting requirements, which would allow refineries

more flexibility to transfer gasoline blendstocks from one refinery to another. USEPA is also proposing to update

certain ASTM designated analytical test methods for reformulated and conventional gasoline to the most recent

ASTM version, and also update several sampling methods to the most recent ASTM version. These updates would

allow improvements in the test method procedures and sampling procedures that would ensure better operation for

the user of the test methods and sampling procedures.

For further information about this proposed rule, contact Chris McKenna, Chemical Engineer, Office of

Transportation and Air Quality, Transportation and Regional Programs Division, at 202/564-9037; e-mail address:

mckenna.chris@epa.gov.

If USEPA adopts these rules, and amendments to the Illinois air rules become necessary, the Board would expect

the Illinois Environmental Protection Agency to propose amendments using the Clean Air Act “fast-track”

procedures at Section 28.5 of the Environmental Protection Act (415 ILCS 5/28.5 (2000)).

United States Environmental Protection Agency Extends Compliance Date for Clean Air Act Standards for

Hazardous Air Pollutants for Hazardous Waste Combustors in Final Rule

On December 6, 2001, USEPA took final action extending for one year the compliance date for regulations for

incinerators, cement kilns, and lightweight aggregate kilns that burn hazardous waste, which was promulgated on

September 30, 1999. 66 Fed. Reg. 63313.

USEPA took this action in response to the opinion in Cement Kiln Recycling Coalition v. USEPA, 255 F.3d 855,

872 (D.C. Cir. 2001), where the court vacated the emission standards known as the hazardous waste combustor

“floors” and remanded for further proceedings. Cement Kiln Recycling Coalition, 255 F.3d at 871. The rules are

Environmental Register – December 2001

still in effect, however, because the court has issued an order (at the request of the parties to the proceeding) which

stays issuance of the mandate and vacature does not occur until the courts issue a mandate.

The existing regulations require sources to take actions based on the current compliance date, September 30, 2002.

Deadlines for some of these actions are imminent. Given that some delay in compliance will be necessitated as a

result of the uncertainty created by the court's opinion, and that action is needed now because of imminent deadlines

that are keyed to the compliance date, it is not appropriate to require sources to comply with the current regulatory

schedule. Consequently, USEPA is extending the compliance date for one year.

The effective date is December 6, 2001. For further information contact Rhonda Minnick at 703/308-8771; e-mail

address: minnick.rhonda@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 Bakery Partnership Program for Equipment

Containing Ozone Depleting Substances at Industrial Bakeries

On December 10, 2001, USEPA proposed a voluntary baking industry partnership program regarding equipment

that contains ozone-depleting substances. 66 Fed. Reg. 63696.

USEPA thinks that there are many bakeries that are leaking ozone depleting substances, including

chlorofluorocarbons, in excess of permitted levels, and intends to establish a voluntary program for reducing those

emissions in an expeditious, highly cost-effective manner. The program generally requires participants to audit

certain appliances and phase out Class I industrial process refrigeration appliances. It also provides incentives to

replace existing appliances with non-ozone depleting systems, and requires compliance with the leak repair

Since USEPA is not proposing a rule, participation in the partnership program would be purely voluntary. The

program combines the advantages of predictability and reduced penalties with incentives to move away from the use

of ozone depleting substances (ODS). Participating companies would be asked to agree to phase out use of the

more hazardous Class I ODS by July 15, 2003, reflecting the fact that use of these substances is being rapidly

phased out under existing rules. Bakeries that install non-ODS systems by March 15, 2002, could avoid all

penalties under this agreement. Bakeries that install non-ODS systems after that date but no later than July 15, 2004

(unless an extension is granted) are limited to penalties of $10,000 per appliance. All other appliances must pay a

per pound penalty for any leaks that cross a high threshold but again, this per pound penalty can be avoided by

conversion to non-ODS systems. Companies already under national investigation for violations are not eligible to

participate in this program.

For further information contact Charles Garlow at 202/564-1088.

United States Environmental Protection Agency Revises Pesticide Labeling Regulations in a Final Rule

Under the Federal Insecticide, Fungicide and Rodenticide Act

On December 14, 2001, USEPA in a final rule revised certain labeling regulations for pesticide products for clarity.

66 Fed. Reg. 64759. USEPA is also interpreting the Federal Insecticide, Fungicide and Rodenticide Act as it

applies to nitrogen stabilizers, and revising regulations that contain statutory provisions excluding certain types of

products from regulation of pesticides.

This rule becomes effective on February 12, 2002.

For further information contact Jean M. Frane at 703/305-5944; e-mail address: frane.jean@epa.gov.

Environmental Register – December 2001

United States Environmental Protection Agency Addresses Cooling Water Intake Structures for New

Facilities Under the National Pollutant Discharge Elimination System of the Clean Water Act in Final Rule

On December 18, 2001, USEPA in a final rule established January 17, 2002 as the effective date for implementing

Section 316(b) of the Clean Water Act (CWA) (33 U.S.C.§§ 1251

. (2000)) for new facilities that use water

withdrawn from rivers, streams, lakes, reservoirs, estuaries, oceans or other waters of the United States for cooling

purposes. 66 Fed. Reg. 65255. The final rule establishes national technology-based performance requirements

applicable to the location, design, construction, and capacity of cooling water intake structures at new facilities.

The national requirements establish the best technology available, based on a two- track approach, for minimizing

adverse environmental impact associated with the use of these structures. Based on size, Track I establishes

national intake capacity and velocity requirements as well as location- and capacity-based requirements to reduce

intake flow below certain proportions of certain water-bodies (referred to as “proportional-flow requirements”). It

also requires the permit applicant to select and implement design and construction technologies under certain

conditions to minimize impingement mortality and entrainment.

Track II allows permit applicants to conduct site-specific studies in order to demonstrate that alternatives to the

Track I requirements will reduce impingement mortality and entrainment for all life stages of fish and shellfish to a

level of reduction comparable to the level the facility would achieve at the cooling water intake structure if it met

the Track I requirements.

USEPA expects that this final regulation will reduce impingement and entrainment at new facilities. The final rule

establishes requirements that will help preserve aquatic organisms and the ecosystems they inhabit in waters used by

cooling water intake structures at new facilities. The potential benefits of the rule include a decrease in expected

mortality or injury to aquatic organisms that would otherwise be subject to entrainment into cooling water systems

or impingement against screens or other devices at the entrance of cooling water intake structures. Benefits may

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

This rule becomes effective January 17, 2002. For additional technical information contact Deborah Nagle at

202/260-2656. For additional biological information contact Debbi Hart at 202/260-0905.

The Board would anticipate that the Illinois Environmental Protection Agency (Agency) would determine, as part of

the triennial review of the State’s water rules required by the CWA, 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 28.2 of the Environmental Protection Act (415 ILCS 5/27, 28.2 (2000)).

United States Environmental Protection Agency Gives Final Notice Regarding Standards for the Use or

Disposal of Sewage Sludge

On December 21, 2001, USEPA gave final notice of its determination that numeric standards or management

practices are not warranted for dioxin and dioxin-like compounds in sewage sludge that is disposed of at a surface

disposal site or incinerated in a sewage sludge incinerator. 66 Fed. Reg. 66227.

In December 1999, USEPA proposed to amend the standards for the use or disposal of sewage sludge to limit

dioxin and dioxin-like compounds in sewage sludge that is applied to the land. In that proposal, USEPA also stated

that it was not proposing amendments to add numeric standards or management practice requirements for dioxins in

sewage sludge that is placed in a surface disposal unit or incinerated in a sewage sludge incinerator. Final action on

the proposal to amend the standards for the use or disposal of sewage sludge for sewage sludge that is applied to the

land will be published separately at a later date.

For further information contact Arleen Plunkett at 202/260-3418; e-mail address: Plunkett.arleen@epa.gov.

Environmental Register – December 2001

Rule Update

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

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

On December 6, 2001, the Board proposed rules to amend 35 Ill. Adm. Code 742 for second notice review by the

Joint Committee on Administrative Rules (JCAR). The Board made only a few, non-substantive changes to the

rules as it had proposed them at first notice September 6, 2001.

This proceeding has a lengthy procedural history. On May 15, 2000, the Illinois Environmental Protection Agency

(Agency) filed a proposal to amend the Board’s land regulations at 35 Ill. Adm. Code 742, commonly referred to as

the Tiered Approach to Corrective Action Objectives (TACO) rules. The TACO rules were originally adopted by

the Board on June 5, 1997, in Tiered Approach to Corrective Action Objectives (TACO): 35 Ill. Adm. Code 742,

R97-12(A). Part 742 contains procedures for developing remediation objectives based on risks to human health and

the environment posed by environmental conditions at sites undergoing remediation in the Site Remediation

Program, the Leaking Underground Storage Tank Program, and pursuant to Resource Conservation and Recovery

Act Part B permits and closures.

The Board accepted this 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 methyl tertiary-butyl ether (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).

On June 7, 2001, the Board opened Subdocket C for the purpose of addressing separately the proposed MTBE

cleanup standards that were originally contained in Subdocket B. The Board adopted its first notice opinion and

order in this matter on September 6, 2001, and it was published on September 21, 2001, at 25

Illinois Register

11994. The Agency filed supplemental comments and exhibits on October 11, 2001. Additionally, on November 1,

2001, the Illinois Petroleum Council filed comments. Both comments supported the substance of the proposal.

The Board made only a few minor, non-substantive changes to the rule from that proposed by the Board in its first

notice opinion and order. These minor changes amount to basically typographical changes prompted by comments

from the Joint Committee on Administrative Rules.

The subject matter of this proposal was discussed at three public hearings: two in Chicago on August 25, 2000 and

September 21, 2000; and one 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 Second Notice Proposal in Revision to Antidegradation Rules: 35 Ill. Adm. Code 302.105,

303.205, 303.206, and 102.800-102.830, R01-13

On December 6, 2001, the Board proposed rules to amend 35 Ill. Adm. Code 302.105, 303.205, 303.206, and

102.800-102.830 for second notice review by the Joint Committee on Administrative Rules. The Board made

several changes to the rules it had proposed at first notice in its September 20, 2001 order.

Environmental Register – December 2001

On August 30, 2000, the Illinois Environmental Protection Agency (Agency) filed a proposal for rulemaking to

amend the Board’s water “nondegradation” rules. The proposed rules would implement the required federal

concepts of antidegradation and outstanding resource waters for the State. The Agency also proposed amendments

to the Board’s procedural rules at 35 Ill. Adm. Code 106.990-106.995 to include provisions for designating

outstanding resource waters in the State.

The Board held two hearings in Chicago and one in Springfield, Illinois. Testimony was heard and 47 public

comments were received. For more details on the Board’s first notice opinion and order see Revisions to

Antidegradation Rules: 35 Ill. Adm. Code 302.105, 303.205, 303.206, and 102.800-102.830, R01-13 (June 21,

2001). On June 21, 2001, after reviewing the comments and testimony and making changes to the proposal based

on those comments and testimony, the Board proceeded to adopt a first notice opinion and order. This was

published at 24 Ill. Reg. 8732 (July 13, 2001).

The Board held a fourth hearing in Chicago on August 24, 2001. After reviewing the testimony and comments, the

Board found that it was appropriate to proceed to second notice with the rule. In response to comments, the Board

made a number of changes to the rule. Some changes were agreed to by all of the parties, but many of them were

not. They are discussed in detail in the Board’s second notice opinion and order.

The proposed amendments add new requirements concerning antidegradation of waters in the State to the Board’s

current rules found at 35 Ill. Adm. Code 302.105. The proposal would designate the State’s water resources to

reflect the three tiers of the federal program. The proposal also adds procedures for the implementation of the

program as a part of the National Pollutant Discharge Elimination System (NPDES) permit process.

Tier 1 in the federal scheme is based on achieving and maintaining existing stream uses. Tier 1 sets the minimum

level of protection and is intended to be the absolute floor of water quality protection for all waters of the United

Tier 2 of the federal program addresses waters whose quality exceeds the levels necessary to support the

propagation of fish, shellfish, or wildlife and recreation in and on the water. Water quality cannot be lowered below

the level necessary to protect the “fishable/swimmable” uses and other existing uses. However, maintaining a level

of water quality above the “fishable/swimmable” level is not always required and water quality may be lowered if

necessary to accomplish important economic or social development in the area in which the waters are located.

Tier 3 of the federal regulations requires that high quality water, which constitutes outstanding resource waters,

must be maintained and protected. Examples of outstanding resource waters could include waters of national and

state parks, wildlife refuges or water of exceptional recreational or ecological significance. To reflect Tier 3 in

Illinois, the Board is proposing rules at 35 Ill. Adm. Code 303 creating the category of waters classified as

“outstanding resource waters” or ORWs. The Board also proposes adding a new subpart to the Board’s procedural

rules at 35 Ill. Adm. Code 102 to regulate the process for classification of ORWs.

These proposed rules are scheduled for review by the Joint Committee on Administrative Rules at its January 9,

For additional information, contact Marie Tipsord at 312/814-4925; e-mail address: tipsordm@ipcb.state.il.us

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

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

On December 6, 2001, the Board proposed rules to amend 35 Ill. Adm. Code 620 for second notice review by the

Joint Committee on Administrative Rules (JCAR). As detailed in its second notice opinion and order, the Board

made a number of changes from the rules proposed in its first notice order of September 6, 2001. Some of these

were made at the request of JCAR, some at the request of the proponent, and others on the Board’s own initiative.

Environmental Register – December 2001

On September 1, 2000, the Illinois Environmental Protection Agency (Agency) filed a proposal for rulemaking to

amend the Board’s Public Water Supply regulations. The proposed regulations would amend the Board’s

groundwater quality regulations to include methyl tertiary butyl-ether (MTBE). The Agency proposed the addition

of an MTBE Class I Potable Resource Groundwater standard and an MTBE Class II General Resource Groundwater

standard. The Agency proposed a standard of 70 parts per billion (ppb) for both classes. 35 Ill. Adm. Code

620.410, 620.420. In addition, the Agency proposed a preventive response level for MTBE of 20 ppb.

Adm. Code 620.301.

The proposed regulations 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 regulations.

Proposed Amendments to Tiered Approach to Correction Action Objectives (TACO) (MTBE): 35 Ill. Adm. Code

742, R00-19(C).

Two public hearings were held in this matter before Board Hearing Officer Joel Sternstein. Testimony was given at

both the first hearing held in Springfield on March 1, 2001; and the second hearing held in Chicago on April 5,

The proposed amendments contained in the Board’s first notice opinion and order were published in the

at 25 Ill. Reg. 11973, September 21, 2001.

Proposed MTBE and Compliance Determination

Amendments to Groundwater Quality Standards: 35 Ill. Adm. Code 620, R01-14 (Sept. 6, 2001). Three public

comments were received.

The Board made no changes in the Agency-proposed standards described above.

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

Board Adopts Final Rules in Enhanced Vehicle Inspection and Maintenance (I/M) Regulations:

Amendments to 35 Ill. Ad. Code 240.191 – 240.193, R02-8

On December 6, 2001, the Board adopted final rules amending 35 Ill. Adm. Code 240.192 and 240.193. As

explained in the Board’s opinion, the rules adopted by the Board contain most, but not all, of the Illinois

Environmental Protection Agency’s (Agency) proposed changes. The rules amend three sections of the Board’s

existing rules at 35 Ill. Adm. Code 240: Section 240.191 "applicability," 240.192 "onboard diagnostic test

standards," and 240.193 "compliance determination."

On August 20, 2001, the Agency filed a proposal to amend the Board’s regulations on inspecting and maintaining

vehicles to control air emissions. Sections 182(b) and (c) of the federal Clean Air Act (CAA) (42 U.S.C §§

7511a(b), (c)) require states to implement vehicle “inspection and maintenance” (I/M) programs in areas that do not

meet National Ambient Air Quality Standards (NAAQS) for ozone or carbon monoxide. Areas that do not meet

NAAQS are referred to as “nonattainment” areas.

The CAA requires “basic” I/M programs in “moderate” and “marginal” ozone nonattainment areas with existing

I/M programs. It requires “enhanced” I/M programs in “serious,” “severe,” and “extreme” ozone nonattainment

areas with a population of 200,000 or more. The CAA also requires states to submit, for the approval of the United

States Environmental Protection Agency, revisions to their State Implementation Plans that describe a satisfactory

I/M program and assure that the I/M program will be implemented.

In Illinois, two areas do not meet the NAAQS for ozone: (1) the Chicago metropolitan nonattainment area, which is

a severe nonattainment area; and (2) the Metro-East St. Louis nonattainment area, which is a moderate

nonattainment area. Under Illinois’ Vehicle Emissions Inspection Law of 1995 (Vehicle Emissions Law) (625

(2000)), the Agency has proposed, and the Board has adopted, as amendments to 35 Ill. Adm.

Code 240, an enhanced I/M program for these two nonattainment areas.

Enhanced Vehicle Inspection and

Maintenance (I/M) Regulations: Amendments to 35 Ill. Adm. Code 240, R98-24 (July 8, 1998); R94-20 (Dec. 1,

1994); R94-19 (Dec. 1, 1994).

Environmental Register – December 2001

On August 23, 2001, the Board accepted the Agency’s proposal for hearing and directed that it be filed for

publication in the

Illinois Register

as a proposal for public comment. The proposal for public comment appeared in

Illinois Register

on September 7, 2001, at 25 Ill. Reg. 11328.

The Board held two public hearings in this matter. The first hearing was held in Collinsville on October 12, 2001;

and the second hearing was held in Chicago on October 19, 2001. The Agency provided the only testimony and no

public comments were filed.

In adopting these rules on December 6, 2001, the Board complied with the Vehicle Emissions Law requirement that

rulemaking be completed within 120 days of the filing of the Agency proposal.

For additional information contact John Knittle at 217/278-3111; e-mail address: knittlej@ipcb.state.il.us

Board Accepts for Hearing Amendments to General Permitting Provisions for Portable Emission Units:

Amendments to 35 Ill. Adm. Code 201, R02-10

On December 6, 2001, the Board accepted for hearing a proposal for Amendments to General Permitting Provisions

for Portable Emission Units: Amendments to 35 Ill. Adm. Code 201, R02-10. On November 30, 2001, the Illinois

Environmental Protection Agency (Agency) filed a proposal to amend the Board’s air pollution control regulations.

The Agency proposes to amend Section 201.142 and add Section 201.170. The proposal seeks to exempt certain

smaller units from the requirement for owners and operators to obtain new construction and operating permits that

are required by Section 30 of the Environmental Protection Act (415 ILCS 5/39 (2000)), each time they change the

site of an emissions unit or units.

Hearings in this matter will be scheduled soon. For additional information contact Stacy Meyers at 312/814-7011;

e-mail address: meyerss@ipcb.state.il.us

Board Accepts for Hearing Water Quality Triennial Review: Amendments to 35 Ill. Adm. Code 35 Ill. Adm.

Code 302.208(e)-(g), 302.504(a), 302.575(d), 303.444, 309.141(h); and Proposed 35 Ill. Adm. Code 301.267,

301.313, 301.413, 304.120, and 309.157, R02-11

On December 6, 2001, the Board accepted for hearing a proposal for Water Quality Triennial Review:

Amendments to 35 Ill. Adm. Code 35 Ill. Adm. Code 302.208(e)-(g), 302.504(a), 302.575(d), 303.444, 309.141(h);

and Proposed 35 Ill. Adm. Code 301.267, 301.313, 301.413, 304.120, and 309.157, R02-11. On November 9,

2001, the Illinois Environmental Protection Agency (Agency) filed a proposal under Section 27 of the

Environmental Protection Act (415 ILCS 5/27 (2000)), to amend the Board’s water pollution control regulations in

order to fulfill the requirements of Section 303(c) of the Clean Water Act (CWA) (33 U.S.C. 1313(c)). The CWA

requires that, at least once every three years, states must “review water quality standards to ensure that the standards

are based on the most current information and are protective of the designated uses of the state.”

As part of the triennial review of water quality required under the CWA, the Agency has proposed to amend five

existing rules and to add five new ones. The Agency proposed new acute and chronic numeric standards for

“BETX” (benzene, ethyl benzene, toluene, and xylene) to replace existing 35 Ill. Adm. Code 302.210, entitled

"Other Toxic Substances." The Agency also proposed revised water quality standards for zinc, nickel, and cyanide,

in dissolved form. Other proposed amendments would correct an Agency error in certain rules it proposed in R97-

25 (Dec. 18, 1997). Lastly, the Agency proposed use of CBOD rather than BOD in NPDES permits regulating

domestic and municipal waste.

By order of December 18, 2001, the hearing officer set two hearings and established various prefiling requirements.

The hearings are scheduled for 10:00 a.m. January 19, 2002 at the James R. Thompson Center, Room 9-040, 100

W. Randolph Street, Chicago, Illinois; and 10:00 a.m. March 6, 2002 at the Illinois Pollution Control Board, Room

403, 600 S. Second Street, Springfield, Illinois.

Environmental Register – December 2001

For additional information contact Marie Tipsord at 312/814-4925; e-mail address: tipsordm@ipcb.state.il.us

Board Grants United States Environmental Protection Agency Additional Time to File Public Comment and

Extends Board Adoption Deadline in SDWA Update, USEPA Amendments (January 1, 2001 through June

30, 2001: Arsenic Rule), R02-5

Sections 7.2 and 17.5 of the Environmental Protection Act (Act) (415 ILCS 5/7.2, 17.5 (2000)) provide for quick

adoption of regulations that are identical in substance (IIS) to federal regulations that the United States

Environmental Protection Agency (USEPA) adopts to implement Sections 1412(b), 1414(c), 1417(a), and 1445(a)

of the federal Safe Drinking Water Act (SDWA) (42 U.S.C. 300g-1(b), 300g-3(c), 300g-6(a), 300j-4(a) (2000)).

On December 20, 2001, the Board granted the December 5, 2001 request of USEPA for an additional 30 days past

December 10, 2001 in which to file public comments in this rulemaking. The rules proposed by the Board would

update the Illinois drinking water rules to reflect federal rules adopted by USEPA between January 1, 2001 and

The Board adopted a proposal for public comment in this rulemaking on October 4, 2001. A notice of proposed

amendments appeared in the

linois Register

on October 26, 2001. The public comment period began on the date

of publication, and it ended after 45 days, or December 10, 2001. The Board granted USEPA’s request by

extending the public comment period until January 9, 2002.

Granting this request also meant that the Board could not timely complete this rulemaking. Therefor, the Board

extended the January 11, 2002 statutory due date by setting forth reasons for delay and extending the time for the

Board’s adoption of these amendments until February 22, 2002. This additional action was necessary because

Section 7.2(b) of the Act mandates that the Board complete its IIS rulemaking proceedings within one year after the

earliest federal adoption date of the rules underlying the proceeding. However, Section 7.2(b) further provides that

the one-year period for Board action may be extended if necessary to complete the proceeding. To extend the

deadline for final Board action, prior to the expiration of the one-year period the Board must (1) make a finding

based on the record of the proceeding that the one-year period is insufficient for completion of the rulemaking; (2)

state reasons for the extension; and (3) publish a notice of extension in the

Illinois Register

as expeditiously as

The notice of extension is scheduled for publication in 26

Illinois Register

247 (Jan. 4, 2002).

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

mccambm@ipcb.state.il.us

Appellate Update

Fourth District Appellate Court Reverses and Remands the Board in ESG Watts, Inc. v. Pollution Control

Board, Case No. 4-00-0861

On December 5, 2001, the Fourth District Appellate Court issued an opinion in ESG Watts, Inc. v. Pollution

Control Board, Case No. 4-00-0861. The Fourth District reversed the Board's ruling and remanded the case to the

Board “for hearing on the sufficiency of the insurance policy” that ESG Watts had tendered to the Agency as

financial assurance. The court found that, under the circumstances of the case, the letter should have been construed

as an Illinois Environmental Protection Agency (Agency) disapproval of financial assurance under Section 21.1 of

the Environmental Protection Act (Act) (415 ILCS 5/21.1 (2000)). The Board accordingly would have had

jurisdiction of ESG Watts' appeal, which the court found to be timely filed.

This case involved a permit appeal of an Agency Section 31 pre-enforcement letter that concerned the adequacy of

post-closure care. 415 ILCS 5/31 (2000). The Board declined to review, finding that it was not a final appealable

order. ESG Watts also filed two companion appeals to the Third District Appellate Court. The Fourth District

Environmental Register – December 2001

appeal concerned ESG Watts’ Sangamon Valley Landfill, while the Third District appeals related to the Viola and

Taylor Ridge landfills.

The Fourth District’s finding was contrary to the result in the Third District in which, 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 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).

In two separate orders, in each case the Board declined to review a pre-enforcement letter issued by the Agency

under Section 31 of the Act (415 ILCS 5/31 (2000)) directed to ESG Watts. In each case 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 that 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."

The panel in the Fourth District included Justices Myerscough, Knecht and Cook (Knecht concurred, and Cook

specially concurred). In the special written concurrence, Justice Cook expressed concern about the Agency’s

actions, stating in part

A business has a right to appeal under section 21.1 of the Act, and it is improper for [the

Agency] to attempt to defeat that right by issuing unclear orders which it argues are final

if no appeal is taken but argues are nonfinal in the event an appeal is taken.

The sufficiency of the insurance policy as to Sangamon County is already in the process of being appealed in

another case before the Board, PCB 00-206. It, and consolidated companion dockets PCB 00-207 and 208, was

scheduled for hearing to commence December 10, 2001.

Board Actions

December 6, 2001

Springfield, Illinois

Rulemakings

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

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

adopted a second notice opinion and order in this rulemaking which proposes to

add methyl tertiary-butyl ether (MTBE) as a contaminant to be tested for under

the TACO standards.

In the Matter of: Revisions to Antidegradation Rules: 35 Ill. Adm. Code

302.105, 303.205, 303.206, 102.800, 102.810, 102.820, and 102.830 – The

Board adopted a second notice opinion and order in this matter to amend the

Board’s antidegradation water regulations.

Environmental Register – December 2001

In the Matter of: Proposed MTBE Groundwater Quality Standards

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

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

regulations by adding a groundwater quality standard for methyl tertiary-butyl

In the Matter of: Enhanced Vehicle Inspection and Maintenance (I/M)

Regulations: Amendments to 35 Ill. Adm. Code Part 240.191-240.193) – The

Board adopted a final opinion and order in this rulemaking to amend the Board’s

air pollution control regulations as required under the Vehicle Code.

In the Matter of: Amendments to General Permitting Provisions for Portable

Emission Units: Amendments to 35 Ill. Adm. Code 201 – The Board accepted

for hearing the Illinois Environmental Protection Agency’s November 30, 2001

proposal to amend the Board’s air pollution control regulations.

In the Matter of: Water Quality Triennial Review: Amendments to 35 Ill. Adm.

Code 302.208(e)-(g), 302.504(a), 302.575(d), 303.444, 309.141(h); and

Proposed 35 Ill. Adm. Code 301.267, 301.313, 301.413, 304.120, and 309.157 –

The Board accepted for hearing the Illinois Environmental Protection Agency’s

November 9, 2001 proposal to amend the Board’s water pollution control

Adjusted Standard

In the Matter of: Petition of Dixon Marquette Cement Company for an Adjusted

Standard from 35 Ill. Adm. Code Parts 811 and 814 – The Board granted the

parties’ joint stipulation to correct caption and pleadings to show Prairie

Material Sales, Inc. as petitioner and dismissed Dixon Marquette Cement

Company from this matter.

Administrative Citations

IEPA v. Alan Smith – The Board accepted for hearing this petition for review of

an administrative citation against this Champaign County respondent.

IEPA v. City of Eldorado – In response to a joint stipulation and settlement

agreement in this administrative citation action involving a Saline County

facility, the Board found respondent violated Section 21(p)(3) of the

Environmental Protection Act (Act) (415 ILCS 5/21(p)(3) (2000)) and ordered

respondent to pay a civil penalty of $3,000. The Board also granted the parties’

joint motions to dismiss respondent’s petition for review and the alleged

violation of Sections 21(p)(1), (p)(4), and (p)(7) of the Act. 415 ILCS

5/21(p)(1), (4), (7) (2000).

Environmental Register – December 2001

IEPA v. Terry and Latisha Springer – The Board dismissed respondents’

petition for review for failure to file an amended petition by November 22, 2001

as ordered on October 18, 2001. The Board found that these Jersey County

respondents violated Section 21(p)(1) of the Environmental Protection Act (415

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

IEPA v. Knox County Landfill Committee – The Board found that this Knox

County respondent violated Sections 21(o)(5) and (o)(12) of the Environmental

Protection Act (415 ILCS 5/21(o)(5), (12) (2000)), and ordered respondent to

pay a civil penalty of $1,000.

Ogle County v. Steven and Karen Gilbert, and Curtis Nelson – In response to a

joint stipulation and settlement agreement in this administrative citation action

involving a Ogle County facility, the Board found respondent Curtis Nelson

(Nelson) violated Section 21(p)(1) of the Environmental Protection Act (Act)

(415 ILCS 5/21(p)(1) (2000)) and ordered Nelson to pay a civil penalty of

$1,500. The Board also granted the parties’ joint motions to dismiss the alleged

violation of Sections 21(p)(3) and (p)(7) of the Act. 415 ILCS 5/21(p)(3), (7)

IEPA v. Brad Krstic – The Board accepted this petition for review of an

administrative citation against this Mercer County respondent.

IEPA v. Bradney Luckhart – The Board ordered respondent to file an amended

petition for review no later than January 5, 2002.

IEPA v. Walter Foster and Tim Brown d/b/a Brown Excavating and Demolition

– The Board found that these Knox County respondents violated Sections

21(p)(1) and (p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1),

(7) (2000)), and ordered respondents to pay a civil penalty of $3,000.

IEPA v. Dale Knapp – The Board found that this Peoria County respondent

violated Sections 21(p)(1), (3), and (7) of the Environmental Protection Act

(415 ILCS 5/21(p)(1), (3), (7) (2000)), and ordered respondent to pay a civil

penalty of $4,500.

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

affirmed the May 11, 2001 decision of the Illinois Environmental Protection

Agency denying peititioners’ supplemental permit application.

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

to conditions, from 35 Ill. Adm. Code 611.743(a)(1)

ts existing drinking

water treatment plant in Coles County, Illinois.

Provisional Variance

Environmental Register – December 2001

Kimble Glass, Inc. v. IEPA – Upon receipt of an Illinois Environmental

Protection Agency recommendation, the Board granted this Cook County

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

pollution control regulations set forth at 35 Ill. Adm. Code 212.321 and

conditions 7.5.5(b) and 7.5.6(a) of its Title V permit.

Motions and Other Matters

Edward Wesolowski, Jacqueline Wesolowski, Will Burgess, Dorothy Burgess,

Frank Rubino, Toby Gruszecki, and Mike Gruszecki v. United States Postal

Service, Barrington, Illinois – The Board granted respondent’s motion to

dismiss Toby and Mike Gruszecki as complainants and the parties’ joint motion

to dismiss this citizen noise enforcement action involving a Cook County

American National Bank and Trust Company of Chicago, a/t/u Trust No.

10357705 v. Robert Dunham, individually and d/b/a Dunham Cleaners – The

Board granted the parties’ joint motion to dismiss this citizen Resource

Conservation and Recovery Act enforcement action involving a Cook County

People of the State of Illinois v. Brake’s Enterprises, Inc. – Upon receipt of a

proposed stipulation and settlement agreement and an agreed motion to request

relief from the hearing requirement in this underground storage tank

enforcement action involving a Champaign County facility, the Board ordered

publication of the required newspaper notice.

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

petitioner’s motion to voluntarily dismiss PCB 00-206, PCB 00-207, and PCB

00-208. The Board denied petitioner’s motions for summary judgment and

directed that PCB 01-62, PCB 01-63, and PCB 01-64 they proceed to hearing.

People of the State of Illinois v. N.E. Finch and New Castle Properties, L.L.C. –

The Board granted a motion to correct complainant’s misnomer of New Castle

Properties, and corrected the name to H.S.S Partners.

Robert and Yvonne Gardner v. Township High School District 211, Gerald

Chapman, Superintendent – The Board denied respondent’s motion for

summary judgment.

ESG Watts, Inc. v. IEPA –The Board denied petitioner’s motion for summary

Environmental Register – December 2001

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

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

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

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

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

request for hearing in this matter, the Board denied the parties’ motion for relief

from hearing requirement. The Board directed this matter to proceed to hearing.

Mecalux Illinois, Inc. v. IEPA – Having previously granted a request for a 90-

day extension, the Board dismissed this matter because no permit appeal was

filed on behalf of this Cook County facility.

City of Canton v. IEPA – The Board entered an order directing petitioner to file

an amended petition on or before December 31, 2001.

Sauer-Danfoss (US) Company v. IEPA – The Board accepted for hearing this

underground storage tank appeal and granted attorney for petitioner’s motion to

MAC Investments v. IEPA – The Board granted this request for a 90-day

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

Cook County facility.

City of East Moline v. IEPA – The Board granted this request for a 90-day

extension of time to file a permit appeal on behalf of this Rock Island County

Amtrak (Lumber Street Yard, LUST Incident No. 980039) 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.

Amtrak (Lumber Street Yard, LUST Incident Nos. 980038, 982270 and 912018)

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.

People of the State of Illinois v. MII, Inc. – The Board accepted for hearing this

air enforcement action involving a Peoria County facility.

Environmental Register – December 2001

McNeill Twins Oil Company v. IEPA – The Board granted petitioner 30 days in

which to retain an attorney and that attorney to file an amended petition for

review. If petitioner does not file an amended petition within 30 days, this

matter will be dismissed and the docket closed.

J&J Farms, L.L.C. v. IEPA – The Board found and certified that specified

facilities of J&J Farms, L.L.C. located in Pike County are “pollution control

facilities” for the purpose of preferential tax treatment under the Property Tax

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

Shinn Lane Production v. IEPA – The Board found and certified that specified

facilities of Shinn Lane Production located in Pike County are “pollution control

facilities” for the purpose of preferential tax treatment under the Property Tax

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

December 20, 2001

Chicago, Illinois

In the Matter of: SDWA Update, USEPA Amendments (January 1, 2001

through June 30, 2001: Arsenic Rule) – The Board granted the request of the

United States Environmental Protection Agency for an additional 30 days past

December 10, 2001 in which to file public comment.

Adjusted Standard

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

District for an Adjusted Standard from 35 Ill. Adm. Code 302.208 and 304.105

– The Board granted petitioners’ motion for expedited decision.

Administrative Citations

County of Sangamon v. Everett Daily – The Board granted respondent’s motion

for leave to file a response to complainant’s motion for summary judgment.

IEPA v. William Basil Flynn & Olen G. Parkhill, Jr. – In response to a joint

stipulation and settlement agreement in this administrative citation action

involving a Champaign County facility, the Board found respondents violated

Section 21(p)(3) of the Environmental Protection Act (Act) (415 ILCS

5/21(p)(3) (2000)) and ordered respondent to pay a civil penalty of $1,500. The

Board also granted the parties’ joint motions to dismiss respondent’s petition for

Environmental Register – December 2001

IEPA v. Charles Goodwin – The Board accepted respondent’s amended petition

for review and directed this matter to proceed to hearing.

IEPA v. Housewright Lumber Company, William A. Housewright, and George

Hartmann – The Board accepted for hearing this petition for review of an

administrative citation against these Hancock County respondents.

IEPA v. Robert Dennis – The Board granted complainant’s motion to withdraw

this administrative citation involving a Cass County facility.

People of the State of Illinois v. Brake’s Enterprises, Inc. d/b/a Brake’s Amoco

– In this underground storage tank enforcement action concerning a Champaign

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 $5,000, and to cease and desist from further

People of the State of Illinois v. R & G Construction – In this public water

supply enforcement action concerning a Scott 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

$5,000, and to cease and desist from further violations.

People of the State of Illinois v. Kucera Disposal Company – In this land

enforcement action concerning a Champaign 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

$12,000, and to cease and desist from further violations.

Motions and Other Matters

Ernie and Frank Tagliere d/b/a Ravinia Auto Service Center v. IEPA – The

Board granted petitioner’s motion for voluntary dismissal of this underground

storage tank appeal involving a Lake County facility.

Environmental Site Developers, Inc. v. White & Brewer Trucking, Inc. – The

Board granted the parties’ joint motion to dismiss this citizen water enforcement

action involving a Montgomery County facility.

Environmental Register – December 2001

General Mills Operations, Inc. v. IEPA – The Board granted petitioner’s motion

for voluntary dismissal of this trade secret appeal involving a Kane County

Stephen M. Lardner v. Dominick’s Finer Foods, Inc., The Landowner of

Longmeadow Commons, Waste Management, Mundelein Disposal, and Onyx

Waste Services, Inc. – The Board granted the parties’ joint motion to dismiss

this citizen noise enforcement action involving a Lake County facility.

Ozinga Transportation Services v. IEPA – The Board granted respondent’s

motions for summary judgment, to strike, and for leave to file a surreply. The

Board denied petitioner’s cross motion for summary judgment. The Board

affirmed the respondent’s April 3, 1998 denial of petitioner’s claim for

People of the State of Illinois v. Camelot Enterprises, Inc., Stephen Einfeldt

individually and as president of Camelot Enterprises, Inc., Ivan Johnson

individually and as co-owner of Camelot Enterprises, Inc. – 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

Kankakee County facility, the Board ordered publication of the required

newspaper notice.

People of the State of Illinois v. Environmental Management & Abatement, Inc.,

and Danny G. Kohrdt individually and as President of Environmental

Management & Abatement, Inc. – The Board denied respondent’s motion to

strike and directed that this matter proceed to hearing.

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

Thirsty’s, and Terrill L. and Sarah E. Loving – The Board granted complainants’

motion to dismiss this citizen noise enforcement action involving a Sangamon

County facility.

Rezmar 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 filed on behalf of this Cook County facility.

Dynegy Midwest Generation, Inc. – Having previously granted a request for a

90-day extension, the Board dismissed this matter because no permit appeal was

filed on behalf of this Macon County facility.

Sauer-Danfoss (US) Company v. IEPA – Respondent’s motion to extend time

for filing record was referred to the hearing officer for disposition.

Environmental Register – December 2001

Fairview Acres, Inc. v. IEPA – The Board found and certified that specified

facilities of Fairview Acres, Inc. located in Logan County are “pollution control

facilities” for the purpose of preferential tax treatment under the Property Tax

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

Bruce Duesterhaus-Fowler v. IEPA – The Board found and certified that

specified facilities of Bruce Duesterhaus-Fowler located in Adams County are

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

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

People of the State of Illinois v. FIC America Corporation – The Board accepted

for hearing this water enforcement action involving a DuPage County facility.

Aux Sable Liquid Products v. IEPA – The Board found and certified that

specified facilities of Aux Sable Liquid Products located in Grundy County are

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

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

People of the State of Illinois v. Bernie C. Morris – The Board accepted for

hearing this water enforcement action involving an Edgar County facility.

Dan & Jackie Borrowman Farm v. IEPA – The Board found and certified that

specified facilities of Dan & Jackie Borrowman Farm located in Pike County are

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

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

Spectrum Preferred Meats, Inc.-Mt. Morris v. IEPA – The Board found and

certified that specified facilities of Spectrum Preferred Meats, Inc.-Mt. Morris

located in Ogle County are “pollution control facilities” for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10

The American Coal Company-Galatia v. IEPA – The Board found and certified

that the specified perimeter ditch of the American Coal Company-Galatia

located in Saline County is a “pollution control facility” for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10

(2000)). The Board opened a separate docket, PCB 02-83, to address

petitioner’s request for preferential tax certification for its landfill.

People of the State of Illinois v. Millenium Recycling & Solid Waste

Consultants, Inc. – The Board accepted for hearing this land enforcement action

involving a Cook County facility.

Environmental Register – December 2001

Ecolab, Inc. v. Occidental Chemical Corporation – The Board held for a later

duplicitous/frivolous determination this citizen underground storage tank

enforcement action involving a Cook County facility.

People of the State of Illinois v. Walter Deemie d/b/a River City Demolition –

The Board accepted for hearing this land enforcement action involving a

Sangamon County facility.

The American Coal Company-Galatia v. IEPA – The Board opened a docket to

address petitioner’s request for preferential tax treatment under the Property Tax

Code (35 ILCS 200/11-10 (2000)) for its facility located in Saline County.

Petitioner must file a petition to contest with the Clerk of the Board within 35

days after the respondent served the recommendation. If petitioner fails to

timely file a petition, the Board may deny tax certification for the landfill based

solely on respondent’s recommendation.

December 6, 2001 Board Meeting

Sauer-Danfoss (US) Company v. IEPA – The Board accepted for hearing this underground storage tank

appeal and granted attorney for petitioner’s motion to appear

MAC Investments v. IEPA – The Board granted this request for a 90-day extension of time to file an

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

City of East Moline v. IEPA – The Board granted this request for a 90-day extension of time to file a permit

appeal on behalf of this Rock Island County facility.

Amtrak (Lumber Street Yard, LUST Incident No. 980039) 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.

Amtrak (Lumber Street Yard, LUST Incident Nos. 980038, 982270 and 912018) 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.

People of the State of Illinois v. MII, Inc. – The Board accepted for hearing this air enforcement action

involving a Peoria County facility.

McNeill Twins Oil Company v. IEPA – The Board granted petitioner 30 days in which to retain an attorney

and for that attorney to file an amended petition for review. If petitioner does not file an amended petition for

review on or before January 5, 2002 this matter will be dismissed, and the docket closed.

GBF Graphics, Inc. v. IEPA – No action taken.

J&J Farms, L.L.C. v. IEPA – The Board found and certified that specified facilities of J&J Farms, L.L.C.

located in Pike County are “pollution control facilities” for the purpose of preferential tax treatment under the

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

Shinn Lane Production v. IEPA – The Board found and certified that specified facilities of Shinn Lane

Production located in Pike County are “pollution control facilities” for the purpose of preferential tax treatment

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

Environmental Register – December 2001

Kimble Glass, Inc. v. IEPA – Upon receipt of an Illinois Environmental Protection Agency recommendation,

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

pollution control regulations set forth at 35 Ill. Adm. Code 212.321 and conditions 7.5.5(b) and 7.5.6(a) of its Title

IEPA v. Kim Joines – The Board accepted an administrative citation against this Douglas County

IEPA v. Robert Dennis – The Board accepted an administrative citation against this Cass County

IEPA v. Robert Wiersema – The Board accepted an administrative citation against this Cook County

In the Matter of: Amendments to General Permitting Provisions for Portable Emission Units: Amendments

to 35 Ill. Adm. Code 201 – The Board accepted for hearing the Illinois Environmental Protection Agency’s

November 30, 2001 proposal to amend the Board’s air pollution control regulations.

In the Matter of: Water Quality Triennial Review: Amendments to 35 Ill. Adm. Code 302.208(e)-(g),

302.504(a), 302.575(d), 303.444, 309.141(h); and Proposed 35 Ill. Adm. Code 301.267, 301.313, 301.413, 304.120,

and 309.157 – The Board accepted for hearing the Illinois Environmental Protection Agency’s November 9, 2001

proposal to amend the Board’s water pollution control regulations.

December 20, 2001 Board Meeting

Fairview Acres, Inc. v. IEPA – The Board found and certified that specified facilities of Fairview Acres, Inc.

located in Logan County are “pollution control facilities” for the purpose of preferential tax treatment under the

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

Bruce Duesterhaus-Fowler v. IEPA – The Board found and certified that specified facilities of Bruce

Duesterhaus-Fowler located in Adams County are “pollution control facilities” for the purpose of preferential tax

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

People of the State of Illinois v. FIC America Corporation – The Board accepted for hearing this water

enforcement action involving a DuPage County facility.

Aux Sable Liquid Products v. IEPA – The Board found and certified that specified facilities of Aux Sable

Liquid Products located in Grundy County are “pollution control facilities” for the purpose of preferential tax

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

People of the State of Illinois v. Bernie C. Morris – The Board accepted for hearing this water enforcement

action involving a Edgar County facility.

Dan & Jackie Borrowman Farm v. IEPA – The Board found and certified that specified facilities of Dan &

Jackie Borrowman Farm located in Pike County are “pollution control facilities” for the purpose of preferential tax

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

Spectrum Preferred Meats, Inc.-Mt. Morris v. IEPA – The Board found and certified that specified facilities

of Spectrum Preferred Meats, Inc.-Mt. Morris located in Ogle County are “pollution control facilities” for the

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

The American Coal Company-Galatia v. IEPA – The Board found and certified that the specified perimeter

ditch of the American Coal Company-Galatia located in Saline County is a “pollution control facility” for the

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

a separate docket, PCB 02-83, to address petitioner’s request for preferential tax certification for its landfill.

People of the State of Illinois v. Millenium Recycling & Solid Waste Consultants, Inc. – The Board accepted

for hearing this land enforcement action involving a Cook County facility.

Environmental Register – December 2001

Ecolab, Inc. v. Occidental Chemical Corporation – The Board held for a later duplicitous/frivolous

determination this citizen’s underground storage tank enforcement action involving a Cook County facility.

People of the State of Illinois v. Walter Deemie d/b/a River City Demolition – The Board accepted for

hearing this land enforcement action involving a Sangamon County facility.

The American Coal Company-Galatia v. IEPA – The Board opened a docket to address petitioner’s request

for preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2000)) for its facility located in

Saline County. Petitioner must file a petition to contest with the Clerk of the Board within 35 days after the

respondent served the recommendation. If petitioner fails to timely file a petition, the Board may deny tax

certification for the landfill based solely on respondent’s recommendation.

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

IEPA v. John Firebaugh – The Board accepted an administrative citation against this Jefferson County

Petition of the City of Belleville, Illinois for

an Adjusted Standard from 35 Ill. Adm.

Belleview City Hall

Council Chamber

101 South Illinois Street

Petition of the City of Belleville, Illinois for

an Adjusted Standard from 35 Ill. Adm.

Belleview City Hall

Council Chamber

101 South Illinois Street

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Richard G. Cotterman v. Jackson Farms

Illinois Pollution Control Board

Hearing Room 403

600 South Second street

Richard G. Cotterman v. Jackson Farms

Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

IEPA v. Leslie Yocum, Sandra Yocum,

Rick L. Yocum and Shawna B. Yocum

(Birmingham/Yocum #1) (IEPA Docket

No. 063-01-AC) (Consolidated with AC 01-

Schuyler County Courthouse

102 South Congress

IEPA v. Marvin Hammack and Doris Baker

(IEPA No. 290-01-AC)

Schuyler County Courthouse

102 South Congress

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Environmental Register – December 2001

Water Quality Triennial Review:

Amendments to 35 Ill. Adm. Code

302.208(e)-(g), 302.504(a), 302.575(d),

303.444, 309.141(h); and Proposed 35 Ill.

Adm. Code 301.267, 301.313, 301.413,

304.120, and 309.157

James R. Thompson Center

100 West Randolph Street

Rebecca S. Lawrence v. Northpoint Grade

McClean County Courthouse

104 West Front Street

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Water Quality Triennial Review:

Amendments to 35 Ill. Adm. Code

302.208(e)-(g), 302.504(a), 302.575(d),

303.444, 309.141(h); and Proposed 35 Ill.

Adm. Code 301.267, 301.313, 301.413,

304.120 and 309.157

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

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Environmental Register – December 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.

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 January 2002.

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

Acorn Acres Sbdv (Lake Co - 0975020)

Inadequate Pres Tank

Alden Long Grove Nursing Center(Lake Co - 0971090)

Inadequate Pres Tank

Alpha (Henry Co - 0730050)

Adjusted Gross Alpha

Bahl Wtr Corp (Jo Daviess Co - 0855200)

Inadequate Pres Storage

Bayles Lake Lot Owners Assn (Iroquois Co - 0755110)

Inadequate Pres Tank

Biggsville (Henderson Co - 0710050)

Adjusted Gross Alpha

Bonnie Lane Water Supply (Kendall Co - 0930010)

Inadequate Pres Tank

Bradford (Stark Co - 1750050)

Bradley Hts Sbdv (Winnebago Co - 2015050)

Inadequate Pres Tank

Environmental Register – December 2001

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

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) 2

East Moreland Wtr Corp (Will Co - 1975640) 2

Edelstein (Peoria Co - 1435150)

Adjusted Gross Alpha

Edgington Water District (Rock Island Co-1615550)

Inadequate Pres Tank

Elm Oak Mutual Wtr Syst (Lake Co - 0975736)

Inadequate Pres Tank

Emmett Utl Inc (McDonough Co - 1095200)

Inadequate Pres Tank

Evergreen Vlg Sbdv (Rock Island Co - 1615310

Inadequate Pres Tank

Environmental Register – December 2001

Fahnstock Court Sbdv (Peoria Co - 1435200)

Inadequate Pres Tank

Fair Acres Sbdv (Will Co - 1975680)

Inadequate Pres Tank

Farmington (Fulton Co - 0570500)

Adjusted Gross Alpha

Forest Lake Addn (Lake Co - 0975500)

Inadequate Pres Tank

Frwrd-Skyline Cpy (Kane Co - 0895030)

Inadequate Pres Tank

Galva (Henry Co - 0730450)

Adjusted Gross Alpha

Garden Street Imprv Assn (Will Co - 1975376)

Inadequate Pres Tank

Gardner (Grundy Co - 0630400)

Adjusted Gross Alpha

Glasford (Peoria Co - 1430350)

Adjusted Gross Alpha

Glenkirk Campus North (Lake Co - 0977189)

Inadequate Pres Tank

Glenkirk Campus South (Lake Co - 0977199)

Inadequate Pres Tank

Good Shepherd Mnr (Kankakee Co - 0915189)

Inadequate Pres Tank

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

Inadequate Pres Tank

Greenwood Outback (LaSalle Co - 0990080)

Inadequate Pres Tank

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

Inadequate Pres Tank

Hawthorn Woods (Lake Co - 0970450)

Inadequate Pres Tank

Heatherfield Sbdv (Grundy Co - 0635150)

Inadequate Pres Tank

Highland Sbdv (Kane Co - 0895530)

Inadequate Pres Tank

Hillview Sbdv (Will Co - 1975800)

Inadequate Pres Tank

Holy Family Villa (Cook Co - 0310280)

Inadequate Pres Tank

Hopewell (Marshall Co - 1235150)

Adjusted Gross Alpha

Huntley Cmnty Sbdv (Will Co - 1975840)

Inadequate Pres Tank

Ingalls Pk Sbdv (Will Co - 1975880)

Inadequate Pres Tank

Kewanee (Henry Co - 0730650)

Adjusted Gross Alpha

Kingston Mines (Peoria Co - 1430450)

Adjusted Gross Alpha

Knoxville (Knox Co - 0950300)

Adjusted Gross Alpha

Lake Lynwood Wtr Sys (Henry Co - 0735330)

Inadequate Pres Tank

Environmental Register – December 2001

Lakeview Acres (McHenry Co - 1110120)

Inadequate Hydro Storage

Lakeview Hills Wtr Supply Cp (Whiteside Co - 1955150)

Inadequate Pres Tank

Lakewood Shores Imprv Assn

Adjusted Gross Alpha

Land and Water Assn (LaSalle Co - 0995050)

Inadequate Pres Storage

Larchmont Sbdv (Winnebago Co - 2015290)

Inadequate Pres Tank

Larson Court Rentals (Rock Island Co - 1615728)

Inadequate Pres Tank

Legend Lakes Wtr Assn (Winnebago Co - 2015300)

Inadequate Pres Tank

Liberty Park Homeowners Assn (DuPage Co - 0435600)

Inadequate Pres Tank

Lindenwood Wtr Assn (Ogle Co - 1415300)

Inadequate Pres Tank

Lisbon North Inc (Grundy Co - 0631000)

Inadequate Pres Tank

Little Swan Lake Sndst (Warren Co - 1875050)

Inadequate Pres Tank

Little York (Warren Co - 1870100)

Adjusted Gross Alpha

London Mills (Fulton Co - 0574620)

Inadequate Pres Tank

Lostant (LaSalle Co - 0990450)

Adjusted Gross Alpha

Lynn Cntr (Henry Co - 0735100)

Inadequate Pres Tank

Lynnwood Water Corp (LaSalle Co - 0995336)

Inadequate Pres Tank

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

Inadequate Source

Maple Leaf Ests Wtr Corp (Monroe Co - 1335100)

Inadequate Pres Tank

Mapleton (Peoria Co - 1430500)

Adjusted Gross Alpha

Mayfair Sbdv (Tazewell Co - 1795750)

Inadequate Pres Tank

Monmouth (Warren Co - 1870150)

Adjusted Gross Alpha

Mound PWD (St Clair Co - 1635050)

Inadequate Plant Capacity

Muddy (Salin Co - 1650250)

Inadequate Hydro Storage

Northwest Belmont Imprv Assn (DuPage Co - 0435900)

Inadequate Pres Tank

Oak Ridge Sndst (Woodford Co - 2035300)

Inadequate Pres Tank

Oakview Avenue Wtrwks Inc (Will Co - 1977210)

Inadequate Pres Tank

Olivet Nazarene College (Kankakee Co - 0915279)

Inadequate Pres Tank

Environmental Register – December 2001

Opheim PWS (Henry Co - 0735150)

Inadequate Pres Tank

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

Inadequate Pres Tank

Park Road Wtr Assn (Will Co - 1977330)

Inadequate Pres Tank

Park View Wtr Corp (Kane Co - 0895500)

Inadequate Pres Tank

Patoka (Marion Co - 1210400)

Inadequate Plant Capacity

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

Inadequate Pres Tank

Ports of Sullivan Lake Assn (Lake co - 0971160)

Inadequate Pres Tank

Prairie Ridge Assn (McHenry Co - 1115730)

Inadequate Pres Tank

Princeville (Peoria Co - 1430750)

Adjusted Gross Alpha

Ridgecrest North Sbdv (Grundy Co - 0635250)

Inadequate Pres Tank

Ridgewood Ledges Wtr Assoc(Rock Island Co-1615670)

Inadequate Pres Tank

Ridgewood Sbdv (Will Co - 1977650)

Inadequate Pres Tank

Riverwoods Spcl Dstrct 3 (Lake Co - 0971451)

Inadequate Souce Capacity

Robinson Palestine Wtr Cmsn (Crawford Co - 0335030)

Inadequate Plant Capacity

Sbdv Wtr Trust No 1 (Kane Co - 0895300)

Inadequate Pres Tank

Shawnita Trc Wtr Assn (Will Co - 1977690)

Inadequate Pres Tank

Skyview Estates (Kankakee Co - 0915526)

Inadequate Pres Tank

Sorento (Bond Co - 0050300)

St Charles Cmsn Wlfnd 3 (DuPage Co - 0437040)

Inadequate Pres Tank

Standard (Putnam Co - 1550300)

Adjusted Gross Alpha

Sturm Sbdv (Lake Co - 0977010)

Inadequate Pres Tank

Suburban Heights Sbdv (Rock Island Co - 1615800)

Inadequate Pres Tank

Summit Homeowners Assn (Lake Co - 0975280)

Inadequate Pres Tank

Sunny Hill Ests Sbdv (Henry Co - 0735300)

Inadequate Pres Tank

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

Environmental Register – December 2001

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

Westlake Utl (Winnebago Co - 2010070)

Inadequate Source Capacity

Whispering Lakes Wtr Sys Inc (Lake Co - 0970220)

Adjusted Gross Alpha

Wienen Estates (Jo Daviess Co - 0850030)

Inadequate Pres Tank

Wilmington (Will Co - 1971100)

2 Trihalomethane

Wonder Lake Wtr Cmpny (McHenry Co - 1115750)

Inadequate Pres Tank

Woodland Hts Ests Sbdv (Peoria Co - 1435760)

Inadequate Pres Tank

Woodsmoke Ranch Assn (LaSalle Co - 0990030)

Inadequate Pres Tank

York Cntr Coop (DuPage Co - 0437550)

Inadequate Pres Tank

2nd Street Wtr Assn (Lake Co - 0971140)

Inadequate Pres Tank

Environmental Register – December 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.

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

violations that would place it on the Restricted Status List.

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

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

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

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

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

Environmental Register – December 2001

Kincaid (Christian Co - 0210250)

LaMoille (Bureau Co - 0110500)

Inadequate Plant Capacity

Lee (Lee Co - 1034600)

Inadequate Pres Tank

Marion (Williamson Co - 1990550)

Inadequate Source Capacity

Mathersville (Mercer Co - 1310200)

Low System Pressure

McHenry Shores Wtr Cmpny (McHenry Co - 1115020)

Low System Pressure

Mechanicsburg Buffalo Wtr (Sangamon Co - 1675150)

Inadequate Source

Minonk (Woodford Co - 2030400)

Inadequate Source Capacity

Pheasant Knolls Sbdv (Lake Co - 0970290)

Inadequate Pres Tank

Scales Mound (Jo Daviess Co - 0850400)

Low System Pressure

Seneca (LaSalle Co - 0991050)

Inadequate Plant Capacity

South Highway PWD (Jackson Co - 0775400)

Low System Pressure

Stockton (Jo Daviess Co - 0850450)

Low System Pressure

Sumner (Lawrence Co - 1010300)

Low System Pressure

Tower Ridge Sbdv (Rock Island Co - 1615780)

Inadequate Pres Tank

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

Inad Pres Storage

Walnut Hill (Marion Co - 1210600)

Low System Pressure

Wonder Lake Wtr Cmpny (McHenry Co - 1115750)

Inadequate Storage

PUBLIC WATER SUPPLIES REMOVED FROM PREVIOUS LIST

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Environmental Register Comment Card

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

that adopts environmental control standards, rules on enforcement actions,

and other environmental disputes for the State of Illinois.

The Environmental Register is published monthly by the Board, and

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

calendar, and other environmental law information.

------------------------------------------------CUT HERE------------------------------------------------

Illinois Pollution Control Board

Environmental Register Coordinator

600 South Second Street, Suite 402

Springfield, Illinois 62704