1. Web Site: http://www.ipcb.state.il.us
      1. Federal Updatep. 1
      2. Rule Updatep. 6
      3. APPELLATE UPDATEp. 9
      4. Board Actionsp. 10
      5. New Casesp. 17
      6. Board Calendarp. 18
      7. IEPA Restricted Status Listp. 21
      8. IEPA Critical Review Listp. 28
      9. Federal Update
      10. United States Environmental Protection Agency Adopts Effluent Limitations Guidelines, Pretreatment Standards, and New Source Performance Standards for the Iron and Steel Manufacturing Point Source Category Under the Clean Water Act
      11. United States Environmental Protection Agency Adopts Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act
      12. United States Environmental Protection Agency Adopts New Analytical Methods for the Unregulated Contaminant Monitoring Regulations and National Primary Drinking Water Regulations Under the Safe Drinking Water Act
      13. United States Environmental Protection Agency Proposes Amendments to Testing and Monitoring Requirements Under the Resource Conservation and Recovery Act
        1. _
          1. _
      14. PCB 03-40
      15. PCB 96-143
      16. PCB 97-69
      17. PCB 97-193
        1. _
          1. _
        2. People of the State of Illinois v. Bentronics Cor
      18. PCB 03-47
        1. City of Benton v. IEPA – Upon receipt of an Illin
      19. PCB 96-98
        1. Crazy D’s Peru, Inc. v. IEPA – Having previously
        2. Landfill 33, Ltd. v. Effingham County Board and S
        3. 03-047 City of Benton v. IEPA – Upon receipt of a
        4. Illinois Pollution Control Board Meeting
        5. Illinois Pollution Control Board Meeting
        6. Illinois Pollution Control Board Meeting
        7. Illinois Pollution Control Board Meeting
          1. IEPA Restricted Status List
          2. IEPA Critical Review Status List

 
 
 
 
 
 
 
Claire A. Manning, Chairman
 
Board Members:
G. Tanner Girard, Thomas E. Johnson,
William A. Marovitz, Nicholas J. Melas, Michael E. Tristano
 
 
 
 
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
(312) 814-3620
(312) 814-6032 TDD
Illinois Pollution Control Board
600 South Second Street
Suite 402
Springfield, Illinois 62704
(217) 524-8500
 
 
 
Web Site: http://www.ipcb.state.il.us
 
 
 
  

 
Environmental Register – October 2002
 
Inside This Issue:
 
 
FEDERAL UPDATE
  
  
  
  
P. 1
RULE UPDATE
  
  
  
  
  
P. 6
APPELLATE
UPDATE
P. 9
BOARD ACTIONS
  
  
  
  
P. 10
NEW CASES
  
  
  
  
  
P. 17
BOARD CALENDAR
  
  
  
  
P. 18
IEPA RESTRICTED STATUS LIST
  
  
P. 21
IEPA CRITICAL REVIEW LIST
  
  
  
P. 28
 
Federal Update
 
 
United States Department of Justice Lodges Consent Decree Under the Comprehensive Environmental
Response, Compensation and Liability Act:
Estech Chemical Company Site in Calumet City
 
On October 3, 2002 (67 Fed. Reg.62076), the United States (U. S.) Department of Justice published notice in the
Federal Register of its September 19, 2002 filing in the U. S. District Court for the Northern District of Illinois of a
motion to lodge a proposed consent decree in United States v. General Iron Industries, Inc. et al., Civil Action No.
01 C 4889. In this action the United States sought to recover response costs incurred by the U. S. in connection
with the Estech Chemical Company Site in Calumet City, Illinois (the “Site”). The compliant alleges that the U. S.
undertook response actions as a result of releases or threatened releases of hazardous substances at the Site, and that
General Iron Industries, Inc. (“General Iron”) is jointly and severally liable for the costs of such response actions as
a party that arranged for treatment or disposal of hazardous substances at the Site.
 
Under the proposed consent decree General Iron will pay $1.8 million to the Hazardous Substances Superfund as
partial reimbursement of response costs that the U. S. incurred in connection with the Site through March 15, 2002.
The proposed consent decree will not resolve potential liability of General Iron with respect to any costs incurred
subsequent to March 15, 2002, including costs of any final response action ultimately selected by for the Site by the
United States Environmental Protection Agency (USEPA).
 
The Department of Justice will receive comments relating to the proposed consent decree until November 2, 2002.
Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division,
PO Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and should refer to United States v.
General Iron Industries, Inc., et al., D.J. Ref. 90-11-2-06487/1.
 
The proposed consent decree may be examined at the Office of the U. S. Attorney, 219 South Dearborn Street,
Chicago, Illinois 60604, and at U.S. EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois, 60604. A copy
of the proposed consent decree may also be obtained by mail from the Consent Decree Library, PO Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611 or by faxing a request to Tonia Fleetwood, fax no. (202) 514-
0097, phone confirmation number (202) 514-1547. In requesting a copy, please enclose a check in the amount of
$4.50 (25 cents per page reproduction cost) payable to the U.S. Treasury.
 
 
United States Environmental Protection Agency Adopts Land Disposal Restrictions: National Treatment
Variance To Designate New Treatment Subcategories for Radioactively Contaminated Cadmium-, Mercury-,
and Silver-Containing Batteries Under the Resource Conservation and Recovery Act
 
On October 7, 2002 (67 Fed. Reg. 62617), the United States Environmental Protection Agency (USEPA) adopted
direct final amendments to grant a national treatability variance from the Land Disposal Restrictions treatment

Environmental Register – October 2002
 
standards for radioactively contaminated cadmium-, mercury-, and silver-containing batteries by designating new
treatment subcategories for these wastes. This rulemaking was adopted in response to a rulemaking petition from
the Department of Energy.
 
In its notice of the rulemaking USEPA stated that the current treatment standards of thermal recovery for cadmium
batteries and of roasting and retorting for mercury batteries are technically inappropriate, because any recovered
metals would likely contain residual radioactive contamination and not be usable. Additionally, USEPA stated that
the current numerical treatment standard for silver batteries is inappropriate, because of the potential increase in
radiation exposure to workers associated with manually segregating silver-containing batteries for the purpose of
treatment. Macroencapsulation, in accordance with the provisions for treatment standards for hazardous debris, is
designated as the required treatment prior to land disposal for the new waste subcategories. This will allow safe
disposal of these radioactively-contaminated materials.
 
This rule is effective on November 21, 2002 without further notice, unless USEPA receives adverse comment by
November 6, 2002. If adverse comments are received, USEPA will publish a timely withdrawal in the Federal
Register informing the public that this rule will not take effect.
 
Comments may be submitted electronically, by mail, or through hand delivery to: USEPA Docket Center
(EPA/DC), B102, EPA West, 1301 Constitution Ave. NW, Washington, DC 20460-0002.
 
For further information contact: Mr. John Austin at the Office of Solid Waste, 5302W, U.S. EPA, Ariel Rios
Building, 1200 Pennsylvania Avenue, NW, Washington, DC 20460, telephone number 703-308-0436, email
address austin.john@epa.gov.
 
The Board will include any necessary amendments to Board rules resulting from this federal action in a future
Resource Conservation and Recovery Act identical in substance rulemaking pursuant to Sections 7.2 and 22.4 of the
Environmental Protection Act (415 ILCS 5/7.2, 22.4 (2000)).
 
 
Environmental Appeals Board of the USEPA Dismisses a petition for review of an IEPA Minor New Source
Review ProgramAir Permit issued to Carlton, LLCZion North Shore Power Plant
 
On October 7, 2002 (67 Fed. Reg. 62467), the United States Environmental Protection Agency published a notice of
its Environmental Appeals Board’s (EAB) final determination for the Carlton LLC, North Shore Power Plant
(Carlton), located in the City of Zion, Lake County, IL.
 
This notice details the EAB’s February 28, 2001 decision dismissal of Carlton’s a petition for review of a permit
issued by the Illinois Environmental Protection Agency (IEPA) pursuant to the regulations under Illinois' minor
New Source Review (NSR) program. The EAB dismissed the petition for lack of jurisdiction to review the permit.
The EAB stated that its jurisdiction is limited to permits issued under federal regulations and it does not extend to
appeals of State-issued minor NSR permits in approved States.
 
On November 10, 2000, Illinois EPA issued construction permit 99120057 to Carlton for the construction of either
three General Electric (GE) frame 7FA simple cycle turbines with a nominal capacity of 187 megawatts each or six
GE Frame 7EA simple cycle turbines with a nominal capacity of 98.2 megawatts each. The proposed turbines
would fire only natural gas and would be required to use dry low oxides of nitrogen combusters. On December 11,
2000, Verena Owen and the Lake County Conservation Alliance (LCCA) filed a petition for review stating that the
proposed facility was not a minor source, but in fact a major source of carbon monoxide, nitrogen oxides, volatile
organic materials, and hazardous air pollutants and should be subject to the NSR regulations. IEPA filed a motion
to dismiss the petition on January 5, 2001, in which it argued that the EAB lacked jurisdiction to review IEPA's
permit decision because the permit issued to Carlton was issued under the Illinois minor NSR program, rather than
the Federal Prevention of Significant Deterioration program. On January 22, 2001, the EAB issued an order
requesting USEPA's Office of General Counsel (OGC) to prepare an amicus brief on the issue of EAB jurisdiction.
OGC subsequently filed an amicus brief advancing the view that the EAB is without jurisdiction in this case.
 
 
2

 
Environmental Register – October 2002
 
The effective date for the EAB's decision is February 28, 2001. Judicial review of this permit decision, to the extent
it is available pursuant to section 307(b)(1) of the Clean Air Act, may be sought by filing a petition for review in the
United States Court of Appeals for the Seventh Circuit within 60 days of October 7, 2002.
 
The documents relevant to the above action are available for public inspection during normal business hours at the
following address: Environmental Protection Agency, Region 5, 77 West Jackson Boulevard (AR-18J), Chicago,
Illinois 60604. To arrange viewing of these documents, call Jorge Acevedo at (312) 886-2263. The EAB decision
can be obtained from the USEPA’s Web site at http://www.epa.gov/eab/disk11/carlton.pdf.
 
For further information contact: Jorge Acevedo, Environmental Protection Agency, Region 5, 77 W. Jackson
Boulevard (AR-18J), Chicago, Illinois 60604.
 
 
United States Environmental Protection Agency Adopts Effluent Limitations Guidelines, Pretreatment
Standards, and New Source Performance Standards for the Iron and Steel Manufacturing Point Source
Category Under the Clean Water Act
 
On October 17, 2002 (67 Fed. Reg. 64215), the United States Environmental Protection Agency (USEPA) adopted
Effluent Limitations Guidelines, Pretreatment Standards, and New Source Performance Standards for the Iron and
Steel Manufacturing Point Source Category. The final rule represents the culmination of the USEPA's effort to
revise Clean Water Act (CWA) effluent limitations guidelines and standards for wastewater discharges from the
iron and steel manufacturing industry. The final regulation revises technology-based effluent limitations guidelines
and standards for certain wastewater discharges associated with metallurgical cokemaking, sintering, and
ironmaking operations; and codifies new effluent limitations guidelines and standards for direct reduced
ironmaking, briquetting, and forging.
 
USEPA also revised the regulations for the steelmaking subcategory to provide an allowance for existing basic
oxygen furnaces operating semi-wet air pollution control systems; and to establish technology-based effluent
limitations guidelines and standards for electric arc furnaces operating semi-wet pollution control systems. USEPA
eliminated rule references to the following obsolete operations: beehive cokemaking in the cokemaking
subcategory, ferromanganese blast furnaces in the ironmaking subcategory, and open-hearth furnace operations in
the steelmaking subcategory.
 
This regulation is effective November 18, 2002.
 
For further information contact: George Jett at (202) 566-1070, or Ms. Yu-ting Guilaran at (202) 566-1072.
 
These amendments may come under the Board’s identical in substance rulemaking mandate. If so, the Board will
include any necessary amendments in an upcoming identical in substance rulemaking pursuant to Sections 7.2 and
17.5 of the Environmental Protection Act (415 ILCS 5/7.2, 17.5 (2000)).
 
Otherwise, the Board anticipates that the Illinois Environmental Protection Agency (IEPA) 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 as a result of this federal action. If so, the Board would expect to receive a
regulatory proposal from the IEPA under Section 27 or 28.2 of the Environmental Protection Act (415 ILCS 5/27,
28.2 (2000)).
 
 
United States Environmental Protection Agency Adopts National Emission Standards for Hazardous Air
Pollutants for Publicly Owned Treatment Works Under the Clean Air Act
 
 
On October 21, 2002 (67 Fed. Reg. 64741), the United States Environmental Protection Agency (USEPA) adopted
amendments that promulgated the national emission standards for hazardous air pollutants (NESHAP) for publicly
owned treatment works (POTW). USEPA promulgated these amendments as part of a settlement agreement with
 
3

 
Environmental Register – October 2002
 
the Pharmaceutical Research and Manufacturers of America (PhRMA) regarding its petition for judicial review of
the POTW NESHAP.
 
The amendments rescind an applicability provision; adopt, for all industrial POTW treatment plants that are area
sources of hazardous air pollutants (HAP), the same NESHAP requirements that apply to industrial POTW
treatment plants that are major sources of HAP; and exempt industrial POTW treatment plants that are area sources
of HAP from the permit requirements in section 502(a) of the Clean Air Act (CAA).
 
The effective date of the amendments is October 21, 2002.
 
For further information contact Mr. Robert Lucas, Waste and Chemical Processes Group, Emission Standards
Division (C439-03), Office of Air Quality Planning and Standards, U.S. EPA, Research Triangle Park, NC 27711,
telephone number (919) 541-0884, facsimile number (919) 541-0246, electronic mail address lucas.bob@epa.gov
 
Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (2000)), once adopted by
the USEPA, NESHAPs rules are applicable and enforceable under the Act without further action by the Board.
 
 
United States Environmental Protection Agency Adopts Guidelines Establishing Test Procedures for the
Analysis of Pollutants Under the Clean Water Act
 
On October 23, 2002 (67 Fed. Reg. 65219), the United States Environmental Protection Agency adopted guidelines
establishing test procedures for the analysis of pollutants to include updated versions of test procedures (i.e.,
analytical methods) for the determination of chemical, radiological, and microbiological pollutants and
contaminants in wastewater and drinking water.
 
This final rule revises wastewater and drinking water regulations to incorporate the updated versions of analytical
methods that have been published by one or more of the following organizations: ASTM International (ASTM;
formerly the American Society for Testing and Materials), United States Geological Survey (USGS), United States
Department of Energy (DOE), American Public Health Association (APHA), American Water Works Association
(AWWA), and Water Environment Federation (WEF). Previously approved versions of the methods remain
approved.
 
This final rule is effective on November 22, 2002.
 
For information regarding wastewater methods contact Khouane Ditthavong, Engineering and Analysis Division
(4303T), USEPA Office of Science and Technology, 1200 Pennsylvania Ave., NW., Washington, DC 20460,
telephone number 202-566-1068, e-mail: Ditthavong.Khouane@epa.gov. For information regarding the drinking
water methods, contact Herbert J. Brass, Technical Support Center (MS 140), USEPA, Office of Ground Water and
Drinking, 26 West Martin Luther King Drive, Cincinnati, OH 45268, e-mail: Brass.Herb@epa.gov.
 
The Board anticipates that the Illinois Environmental Protection Agency (IEPA) 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 as a result of this federal action. If so, the Board would expect to receive a regulatory
proposal from the IEPA under Section 27 or 28.2 of the Environmental Protection Act (415 ILCS 5/27, 28.2
(2000)).
 
 
United States Environmental Protection Agency Adopts New Analytical Methods for the Unregulated
Contaminant Monitoring Regulations and National Primary Drinking Water Regulations Under the Safe
Drinking Water Act
 
On October 29, 2002 (67 Fed. Reg. 65888), the United States Environmental Protection Agency (USEPA) adopted
amendments to its unregulated contaminant monitoring regulations to approve analytical methods for chemical and
microbiological contaminants.
 
4

 
Environmental Register – October 2002
 
 
The adopted rule approves the analytical method and an associated Minimum Reporting Level (MRL) to support the
Unregulated Contaminant Monitoring Regulation's List 2 Aeromonas monitoring. This List 2 monitoring will be
conducted at 120 large and 180 small Public Water Systems from January 1, 2003 through December 31, 2003. The
rule also approves USEPA Method 515.4 to support previously required National Primary Drinking Water
Regulation (NPDWR) compliance monitoring for 2,4-D (as acid, salts and esters), 2,4,5-TP (Silvex), dinoseb,
pentachlorophenol, picloram and dalapon. In addition, USEPA Method 531.2 was approved to support previously
required NPDWR monitoring for carbofuran and oxamyl.
 
USEPA made minor changes in the format of the table of methods required to be used for organic chemical
NPDWR compliance monitoring to improve clarity and to conform to the format of other methods tables. In
addition, the Presence-Absence (P-A) Coliform Test listed in the total coliform methods table was inadvertently
identified as Method 9221. This has been corrected to 9221 D. Also, detection limits for “Cyanide” were added in
the “Detection Limits for Inorganic Contaminants” table for the two cyanide methods, and minor editorial
corrections were made.
 
Additionally, USEPA approved seven of the eight additional industry-developed analytical methods that were
proposed to support previously required NPDWR compliance monitoring. These seven methods include: a method
for the determination of atrazine, two methods for the determination of cyanide, two methods for the determination
of total coliforms and
E. coli
, a method for the determination of heterotrophic bacteria, and a method for the
determination of turbidity. With respect to the eighth industry-developed method proposed on March 7, 2002,
USEPA is deferring a decision on its approval until additional clarifying information from the vendor is evaluated.
 
This regulation is effective November 29, 2002.
 
For information regarding the actions included in this final rule contact David J. Munch, EPA, 26 West Martin
Luther King Dr. (MLK 140), Cincinnati, Ohio 45268, telephone number (513) 569-7843, or e-mail at
munch.dave@EPA.gov. General information may also be obtained from the EPA Safe Drinking Water Hotline.
Callers within the United States may reach the Hotline at (800) 426-4791. The Hotline is open Monday through
Friday, excluding Federal holidays, from 9 a.m. to 5:30 p.m. Eastern Time.
 
The Board is not required to adopt amendments related to unregulated contaminant monitoring, since USEPA
directly implements the federal requirements in Illinois with the cooperation of the Illinois Environmental
Protection Agency. Therefore, public water supplies in Illinois must engage in unregulated contaminant monitoring
and must report their monitoring results to USEPA even though there are no corresponding state regulations.
 
 
United States Environmental Protection Agency Proposes Amendments to Testing and Monitoring
Requirements Under the Resource Conservation and Recovery Act
 
On October 30, 2002 (67 Fed. Reg. 66251), the United States Environmental Protection Agency (USEPA) proposed
to amend a variety of testing and monitoring requirements throughout the Resource Conservation and Recovery Act
(RCRA) regulations. The amendments are part of the USEPA’s movement toward a performance-based
measurement system (PBMS), as part of its efforts towards “Innovating for Better Environmental Results.”
 
The proposal is intended to allow more flexibility when conducting RCRA-related sampling and analysis, by
removing unnecessary required uses of methods found in “Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'” also known as “SW-846”. Use of SW-846 methods will be required when the
method is the only one capable of measuring a particular property (
i.e.
, it is used to measure a required method-
defined parameter).
 
Additionally, USEPA proposed to: withdraw the reactivity method guidelines from SW-846 Chapter Seven; amend
the ignitability and corrosivity hazardous waste characteristic regulations by clarifying the use of certain methods;
incorporated by reference Update IIIB to SW-846; add Method 25A for analyses conducted in support of certain
RCRA air emission standards; and remove a confidence limit requirement for certain feedstream analyses conducted
 
5

Environmental Register – October 2002
 
under the National Emission Standards for Hazardous Air Pollutants (NESHAP). USEPA also announced the
availability of a new guidance document for public comment entitled “RCRA Waste Sampling Draft Technical
Guidance.” By making this document available for review and comment, USEPA intends to provide draft guidance
on waste sampling that would be beneficial to the public. These changes are intended to make it easier and more
cost effective to comply with affected regulations, without compromising human health or environmental
protection.
 
Comment on the proposal must be sent on or before December 30, 2002. Comments should be sent to: OSWER
Docket, Environmental Protection Agency, Mailcode: 5305-G, 1200 Pennsylvania Avenue, NW, Washington, DC
20460, Attention Docket ID No. RCRA-2002-0025.
 
For general information, contact the RCRA Hotline at (800) 424-9346 (toll free) or call (703) 412-9810; or, for
hearing impaired, call TDD (800) 553-7672 or TDD (703) 412-3323. For more information on specific aspects of
this rulemaking, contact Kim Kirkland, Office of Solid Waste (5307W), U.S. Environmental Protection Agency,
Ariel Rios Building, 1200 Pennsylvania Avenue, NW, Washington, DC 20460-0002, (703) 308-8855, e-mail
address: kirkland.kim@epa.gov.
 
If adopted by USEPA, these amendments will require Board identical-in-substance amendments to the RCRA
Subtitle C hazardous waste rules. The Board will incorporate any necessary amendments into a future identical-in-
substance rulemaking pursuant to Sections 7.2 and 22.4 of the Environmental Protection Act (415 ILCS 5/7.2, 22.4
(2000)).
 
Rule Update
 
 
Board Adopts Proposal for Public Comment in Noise Rule Update: Amendments to 35 Ill. Adm. Code 900-
903 (R03-08)
 
On October 3, 2002, the Board adopted a proposal for public comment in Noise Rule Update: Amendments to 35
Ill. Adm. Code 900-903 (R03-08) to amend the Board’s noise regulations.
 
The noise rules affected are set forth at 35 Ill. Adm. Code 900 and 903. These are general provisions dealing with
the definitions of acoustical terminology, prohibition against noise pollution, and sound measurement procedures.
The proposed changes involve the updating of definitions and sound measurement procedures. These definitions
and measurement procedures were adopted in 1973 and have not been amended or changed since then. The basis
for these changes is the American National Standards Institute updates from the years 1998-2001.
 
The Board also proposes to repeal Part 903, which specifies rules and regulations for the control of noise from
motor racing facilities.
 
The Board has held one hearing in this rulemaking in Chicago and has a second scheduled for November 21, 2002
at the Illinois Pollution Control Board Hearing Room 403, 600 S. Second Street in Springfield. Interested persons
are encouraged to contact the hearing officer to be added to the notice list in this docket. Copies of the Board’s
opinion and order may be obtained by calling Dorothy Gunn at 312-814-3620, or by downloading copies from the
Board’s Web site at www.ipcb.state.il.us.
 
For additional information contact William Murphy at 312/814-6062; e-mail address murphyw@ipcb.state.il.us
 
 
Board Adopts Proposal for Public Comment in RCRA Subtitle C Update, USEPA Amendments (January 1,
2002 through June 30, 2002) (R03-07)
 
On October 3, 2002, the Board adopted a proposal for public comment amendments that are “identical in substance”
to hazardous waste regulations that the United States Environmental Protection Agency (USEPA) adopted to
 
6

Environmental Register – October 2002
 
implement Subtitle C of the federal Resource Conservation and Recovery Act of 1976 (RCRA Subtitle C) (42
U.S.C. §§ 6921
et seq
.). This proposal for public comment includes federal RCRA Subtitle C amendments that
USEPA adopted in the period January 1, 2002 through June 30, 2002.
 
This proposal does not include amendments based on federal actions the Board has already processed in prior
dockets. Those actions were those of January 22, 2002, March 13, 2002, April 4, 2002, April 9, 2002, May 8, 2002,
and June 4, 2002. The Board expedited consideration of these federal actions in a previous consolidated docket,
RCRA Subtitle C Update, USEPA Amendments (January 1, 2001 through June 30, 2001), RCRA Subtitle C
Update, USEPA Amendments (July 1, 2001 through December 31, 2001, January 22, 2002, March 13, 2002, and
April 9, 2002), UIC Update, USEPA Amendments (July 1, 2001 through December 31, 2001), R02-1/ R02-12/R02-
17 (Apr. 18, 2002) (consolidated).
 
The Board proposed amendments to Illinois rules based on USEPA amendments of February 13, 2002 (67 Fed.
Reg. 6792), February 14, 2002 (67 Fed. Reg. 6968), and May 8, 2002 (67 Fed. Reg. 30811). The February 13,
2002 amendments addressed interim emission standards for hazardous waste combustors, the February 14, 2002
action amended the September 30, 1999 hazardous waste combustor rule to facilitate implementation of the rule,
and the May 8, 2002 amendments covered correction of segments of the consolidated permit rules of 40 C.F.R. 124
as printed in the 2001 edition of the Code of Federal Regulations. The Board also incorporated numerous
nonsubstantive cleanup amendments to the existing text of the Parts opened in this rulemaking.
 
The Board will receive public comments on this proposal for a period of 45 days following the November 1, 2002
publication in the
Illinois Register
. After that time, the Board will immediately consider adoption of the
amendments, making any necessary changes made evident through the public comments. The Board will delay
filing any adopted rules with the Secretary of State for 30 days after adoption, particularly to allow additional time
for USEPA to review the adopted amendments before they are filed and become effective.
 
Sections 7.2 and 22.4(a) provide for quick adoption of regulations that are identical in substance to federal
regulations that USEPA adopts to implement Sections 3001 through 3005 of RCRA (42 U.S.C. §§ 6921-6925
(2000)). Sections 13(c) and 22.4(a) also provide that Title VII of the Act and Section 5 of the Administrative
Procedure Act (APA) (5 ILCS 100/5-35 and 5-40 (2000)) do not apply to the Board’s adoption of identical-in-
substance regulations. The federal RCRA Subtitle C regulations are found at 40 C.F.R. 260 through 266, 268, 270,
271, 273, and 279.
 
For additional information contact Michael J. McCambridge at 312-814-6924; e-mail address
mccambm@ipcb.state.il.us
 
 
Board Adopts Second Notice Opinion and Order in Water Quality Triennial Review: Amendments to 35 Ill.
Adm. Code 302.105, 302.208(e)-(g), 302.504(a), 302.575(d), 309.141(h); and Proposed 35 Ill. Adm. Code
301.267, 301.313, 301.413, 304.120, and 309.157 (R02-11)
 
On October 17, 2002, the Board adopted a second notice opinion and order in Water Quality Triennial Review:
Amendments to 35 Ill. Adm. Code 302.105, 302.208(e)-(g), 302.504(a), 302.575(d), 309.141(h); and Proposed 35
Ill. Adm. Code 301.267, 301.313, 301.413, 304.120, and 309.157 (R02-11). The Board made only minor
nonsubstantive changes to the rules it proposed at first notice and sent the rulemaking, pursuant to the Illinois
Administrative Procedure Act (5 ILCS 100/1-1
et seq.
(2000)), for review and consideration by the Joint
Committee on Administrative Rules (JCAR).
 
This rulemaking is based on the Illinois Environmental Protection Agency’s (IEPA’s) November 9, 2001 proposal
as a result of the triennial review of the Board’s water regulations 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.”
 
 
7

Environmental Register – October 2002
 
The proposal adopted by the Board for second notice includes: (1) new acute and chronic numeric standards for
benzene, ethyl benzene, toluene, and xylene (BETX) to replace existing 35 Ill. Adm. Code 302.210, entitled "Other
Toxic Substances;" (2) revised water quality standards using a dissolved metal standard for zinc and nickel; (3)
corrections to an IEPA error in certain rules it proposed and the Board adopted in: 35 Ill. Adm. Code Part 302.101;
302.105; 302.Subpart E; 303.443, and 304.222, R97-25 (December 18, 1997) (GLI rules); and (4) the use of
CBOD5 rather than BOD5 in NPDES permits regulating domestic and municipal waste.
 
The second notice proposal is substantially similar to the first notice proposal concerning BETX, the IEPA’s
corrections to the GLI rules, and the use of CBOD5 in permits. Regarding CBOD5, testimony and comments
presented by the Environmental Law and Policy Center, Prairie Rivers Network, and Sierra Club opposed the
proposed change. However, the Board found that the use of CBOD5, when combined with ammonia nitrogen
testing, resulted in an accurate assessment of treatment efficiency to determine compliance with a wastewater
treatment facility’s effluent limits under Section 304.120.
 
The Board did not adopt changes at second notice that would have changed the basis for the cyanide standard from
one derived from cold-water species to one derived from warm-water species. Taking into account that Illinois is
home to numerous species of threatened and endangered mussels, the Board found that there was not enough
evidence on the record to demonstrate the effects of cyanide on mussels. The hearing record and public comments
showed that relaxation of the standard would not prove to be of any real benefit to Illinois dischargers. The Board
concluded that the change to the cyanide standard was not justified at this time.
 
Prior to first notice the Board held hearings in this rulemaking in Chicago on January 29, 2002, and in Springfield
on March 6, 2002. The first notice proposal, adopted by the Board on June 20, 2002, was published in the
Illinois
Register
on July 5, 2002 at 26 Ill. Reg. 9573. During the first notice period the Board held a third hearing on July
25, 2002 solely to address economic impact study issues.
 
For additional information contact Marie Tipsord at 312/814-4925; e-mail address: tipsordm@ipcb.state.il.us
 
 
Board Adopts Final Opinion and Order in Proposed Amendments to Ammonia Nitrogen Standards 35 Ill.
Adm. Code 302.100, 302.212, 302.213, and 304.122 (R02-19)
 
On October 17, 2002, the Board adopted a final opinion and order in Proposed Amendments to Ammonia Nitrogen
Standards 35 Ill. Adm. Code 302.100, 302.212, 302.213, and 304.122 (R02-19) to amend the Board’s water quality
regulations. The adopted amendments were filed with the Secretary of State’s Index Department with a November
8, 2002 effective date. The adopted rules will be published in the
Illinois Register
on November 22, 2002.
 
The adopted amendments are virtually identical to the proposal adopted by the Board at second notice with only
minor typographical changes made to the text. The majority of the amendments were made in Part 302 and include:
(1) replacement of current un-ionized ammonia nitrogen standards with total ammonia nitrogen standards; (2)
recasting of the formulae for calculation of the acute and chronic water quality standards for total ammonia
nitrogen; and (3) the addition of a new standard for ammonia, the sub-chronic standard total ammonia standard.
Additionally, the Board repealed the provisions for Effluent Modified Waters (EMWs) found at 35 Ill. Adm. Code
302.213. The record in this proceeding demonstrates that EMWs have not been a useful construct, that no
discharges have applied for EMWs, and that the IEPA has not established any EMWs.
 
The adopted amendments require attainment of ammonia chronic standard to be determined by using at least four
samples taken at weekly intervals, or at other sampling intervals that statistically represent a 30-day averaging
period. Additionally, Section 302.212(c)(3) requires attainment of the sub-chronic standard to be determined by
averaging daily sample results collected over a period of four consecutive days. Sections 302.212(c)(2) and (c)(3)
require that samples must assure a representative sampling period.
 
35 Ill. Adm. Code Section 302.Appendix C contains a table of values for the equations presented in 302.212(b)
intended to provide an easy alternative to calculation of values for the equations. There are three tables, one for the
AS equation at 302.212(b)(1), and one each for the Early Life Stage Present and Early Life Stage Absent equations
 
8

Environmental Register – October 2002
 
for the ammonia CS at 302.212(b)(2). At second notice, the Board revised the table for the relationship between the
AS and pH by removing that portion of the table in which the equation relating AS to pH produced a result greater
than 15 mg/L. The AS may be less than 15.0 mg/L (which occurs at higher pHs), but pursuant to 302.212(a) may
not exceed 15.0 mg/L; the 15.0 mg/L maximum controls at pHs less than 7.7.
 
Prior to the Board’s first notice opinion and order, adopted on June 6, 2002 and published in the
Illinois Register
on
June 21, 2002 at 26 Ill. Reg. 8707, the Board held two hearings. The first hearing was held in Chicago on March
25, 2002, and the second in Springfield on April 23, 2002. During the first notice period the Board held a third
hearing on July 25, 2002 solely to address economic impact study issues before proceeding to second notice on
September 5, 2002.
 
For additional information contact Catherine Glenn at 312/814-6062; e-mail address: glennc@ipcb.state.il.us
 
Appellate Update
 
Fourth District Appellate Court Affirms the Board in Prairie Rivers Network v. The Illinois Pollution
Control Board; The Illinois Environmental Protection Agency; and Black Beauty Coal Co., No. 4-01-0801
(PCB 01-112)
 
In its October 24, 2002 decision, the fourth district appellate court affirmed the Board’s decision in Prairie Rivers
Network v. IEPA and Black Beauty Coal Co., PCB 01-112 (Aug. 9, 2001). The Board’s decision denied Prairie
Rivers Network’s (Prairie Rivers) petition challenging the Illinois Environmental Protection Agency’s (IEPA)
decision to issue an NPDES permit to Black Beauty Coal Company (Black Beauty) for overflow from mine
reservoirs into a tributary of the Little Vermilion River. The appellate court issued an unpublished order under
Supreme Court Rule 23 (155 Ill.2d R. 23) in its case captioned Prairie Rivers Network v. The Illinois Pollution
Control Board; The Illinois Environmental Protection Agency; and Black Beauty Coal Co., No. 4-01-0801 (Oct. 24,
2002).
 
This order addresses several issues of first impression in the first third-party appeal of a National Pollution
Discharge Elimination Permit System (NPDES) permit issued by the IEPA since the 1997 authorization of third-
party appeals.
See
415 ILCS 5/40(e)(1), amended by P. A. 90-74, effective July 30, 1997. Among other things, the
court’s order provides useful guidance to the parties in future cases before the Board on issues including 1) the
standard of review of the Board’s decision, 2) the nature of the burden of proof on petitioner, 3) the correct
interpretation and inter-relationship of the state and federal regulations governing NPDES permit procedures. In
addition to the parties, the Illinois Environmental Regulatory Group and the Vermilion Coal Company as
amici
curiae
briefed the issues before the Board.
 
The chronology of events is important in this case. In August 2000, the IEPA issued a public notice that it had
tentatively decided to issue Black Beauty an NPDES permit. The United States Environmental Protection Agency
(USEPA) requested 90 days to review the draft permit. The IEPA held a public hearing in which Prairie Rivers
participated. After receiving public comment and a US EPA objection to the draft permit, the IEPA revised the
permit. The USEPA retracted its objection and the IEPA issued a public notice of its decision to issue a final
NPDES permit to Black Beauty. The final permit was generally more restrictive and contained more conditions
than the original draft.
 
The court rejected Prairie Rivers’ contention that the Board misapplied the burden of proof. The court stated that
the record did not reveal that the Board analyzed its procedural objections on some basis other than whether the
IEPA issued the permit in violation of applicable statutory and regulatory provisions. The burden of proof is on any
third-party petitioner to show that the permit, as issued, would violate the Environmental Protection Act (Act) or the
Board’s regulations.
See
415 ILCS 4/40(e)(3) (2000).
 
On the substantive issues of appeal, Prairie Rivers argued that the Board’s decision to affirm the IEPA’s issuance of
the final NPDES permit was in error because (1) the IEPA failed to provide Prairie Rivers a meaningful opportunity
to participate in the final NPDES permit writing process; (2) the final permit did not include certain required
 
9

 
Environmental Register – October 2002
 
conditions; and (3) the IEPA improperly relied on documents produced by Black Beauty after the public comment
period. The appellate court rejected each argument.
 
First, Prairie Rivers argued that it was denied a meaningful opportunity to participate in the final NPDES writing
process. Prairie Rivers contends that after the IEPA revised the draft permit, it should have issued a second draft
permit and allowed further public comment. The court noted that the Clean Water Act does not require state
NPDES programs to reopen public comment or to prepare a second draft after receiving public comment on the
initial draft permit. Because the US EPA approved the Illinois NPDES program, the court evaluated Prairie Rivers’
objection solely on the basis of applicable provisions of the Act and state regulations. The Illinois NPDES program
did not require the IEPA to reopen public comment nor did any Illinois case law precedent. Consequently, the court
held that Prairie Rivers was not denied a meaningful opportunity to participate and that the IEPA followed the
appropriate procedures in issuing the final permit. The IEPA was not required to hold a second round of public
comment even when the final permit substantially deviated from the draft permit.
 
The court noted that Prairie Rivers raised several policy reasons why the IEPA should issue a second draft permit
and reopen public comment after making drastic revisions to an original draft permit. However, the court held that
it was not the forum in which those policy arguments should be addressed. The court suggested that Prairie Rivers
should address its proposed change in the regulations to the Board.
 
Next, Prairie Rivers argued that the IEPA failed to include certain monitoring conditions in the final NPDES permit.
Prairie Rivers contended that final permit improperly allowed Black Beauty to develop and submit a biological
inventory of the Little Vermilion River around the mine, and an operational plan to assure compliance with the
permit. The court held that this issue was moot and refrained from further comment.
 
Lastly, Prairie Rivers argued that the IEPA improperly relied on key documents Black Beauty produced after the
close of the public comment period. The court found that Prairie Rivers failed to show how the IEPA relied on
these “key documents.” Furthermore, Prairie Rivers failed to cite any authority to support its position.
Consequently, the court held that Prairie Rivers had forfeited the issue.
 
 
Board Actions
 
 
 
October 3, 2002
Via Video Conference Between
 
Springfield and Chicago, Illinois
 
 
 
Rulemakings
R03-7
In the Matter of: RCRA Subtitle C Update, USEPA Amendments (January 1,
2002 through June 30, 2002) – The Board adopted a proposal for public
comment in this “identical-in-substance” rulemaking to amend the Board’s
hazardous waste regulations.
 
5-0
R, Land
R03-8
In the Matter of: Noise Rule Update: Amendments to 35 Ill. Adm. Code 900
and 903 – The Board adopted a proposal for public comment in this rulemaking
to amend the Board’s noise pollution control regulations.
 
5-0
R, Noise
 
Administrative Citations
 
10

Environmental Register – October 2002
 
AC 02-17
IEPA v. Charles Goodwin – The Board denied complainant’s motion for
reconsideration.
 
5-0
AC 02-40
IEPA v. Robert and John Gray d/b/a Gray’s Material Service – In response to a
joint stipulation and settlement agreement in this administrative citation action
involving an Iroquois County facility, the Board found respondents violated
Sections 21(p)(1) and (p)(3)
 
Environmental Protection Act (Act) (415 ILCS
5/21(p)(1), (p)(3) (2000),
amended by
P.A. 92-0574, eff. June 26, 2002) and
ordered respondents to pay a civil penalty of $3,000. The Board also granted the
parties’ joint motion to dismiss the alleged violation of Section 21(p)(7) of the
Act (415 ILCS 5/21(p)(7) (2000),
amended by
P.A. 92-0574, eff. June 26, 2002,
and dismiss the petition for review.
 
5-0
AC 03-6
IEPA v. Edward Sapp – The Board found that this Logan County respondent
violated Sections 21(p)(1) and (p)(3) of the Environmental Protection Act (415
ILCS 5/21(p)(1), (p)(3) (2000),
amended by
P.A. 92-0574, eff. June 26, 2002),
and ordered respondent to pay a civil penalty of $3,000
.
 
 
4-1
Girard
dissented
 
AC 03-7
IEPA v. Herb Flannel and Wallace Excavating Company – The Board found that
these Moultrie County respondents violated Sections 21(p)(1), (p)(3), and (p)(7)
of the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2000),
amended by
P.A. 92-0574, eff. June 26, 2002), and ordered respondents to pay a
civil penalty of $4,500
.
 
4-1
Girard
dissented
 
AC 03-9
IEPA v. Robert Peters – In response to a joint stipulation and settlement
agreement in this administrative citation action involving an Adams County
facility, the Board found respondent violated Section 21(p)(1)
 
Environmental
Protection Act (Act) (415 ILCS 5/21(p)(1) (2000),
amended by
P.A. 92-0574,
eff. June 26, 2002) and ordered respondent to pay a civil penalty of $1,500. The
Board also granted the parties’ joint motion to dismiss the alleged violation of
Section 21(p)(5) of the Act (415 ILCS 5/21(p)(5) (2000),
amended by
P.A. 92-
0574, eff. June 26, 2002).
 
5-0
 
Decisions
PCB 03-17
People of the State of Illinois v. Petroleum Fuel & Terminal Company – In this
air enforcement action concerning a Madison 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),
amended by
P.A. 92-0574, eff. June
26, 2002), accepted a final stipulation and settlement agreement, and ordered the
respondent to pay a total civil penalty of $22,000, and to cease and desist from
further violations. Respondent agreed to perform by December 31, 2003, a
Supplemental Environmental Project or payment of an additional $28,000 in
penalties, if it fails to do so.
 
5-0
A-E
11

 
Environmental Register – October 2002
 
 
PCB 03-23
People of the State of Illinois v. City of Des Plaines and McDonough Associates,
Inc. – In this public water supply 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)
 
amended by
P.A. 92-0574, eff. June 26, 2002), accepted a final stipulation and
settlement agreement, and ordered the respondents to pay a total civil penalty of
$26,000, and to cease and desist from further violations.
 
5-0
PWS-E
 
Provisional Variances
PCB 03-40
Exelon Generation Company, L.L.C. (Dresden Nuclear Generating Station) v.
IEPA – Upon receipt of an Illinois Environmental Protection Agency
recommendation, the Board granted this Winnebago County facility a 10-day
provisional variance, subject to conditions, from the thermal discharge limits
contained in special conditions 4(A), 4(D), and 4(G) of its National Pollution
Discharge Elimination System permit number IL0002224.
 
5-0
W-V
 
Motions and Other Matters
 
PCB 96-143
People of the State of Illinois v. Michel Grain Company, Inc. a/k/a Michel
Fertilizer, Caryle Michel, Ronnie Todd, and Ronnie Todd Land Trust – The
Board granted complainant’s motion to file a third amended complaint, accepted
the complaint for hearing and granted the request to add the Ronnie Todd Land
Trust as a respondent in this matter.
 
5-0
W-E
PCB 97-69
People of the State of Illinois v. Economy Plating, Inc. – The Board granted
complainant’s leave to file an amended complaint, correcting the errors in its
amended complaint filed on August 12, 2002.
 
5-0
A-E
PCB 97-193
People of the State of Illinois v. Community Landfill Company, Inc. – The Board
granted complainant’s motion for partial summary judgment in part and denied
the motion in part. The Board also granted respondent’s motion for partial
summary judgment in part and denied the motion in part. The Board found that
respondent had violated the Environmental Protection Act (415 ILCS 5/1
et seq
.
(2000),
amended by
P.A. 92-0574, eff. June 26, 2002) and Board regulations as
specified in counts III, IV, VII, VIII, IX, X, XIII, XIV, XVI, and XXI of the
complaint, and as specified in part of count XIX of the complaint. The parties
shall proceed to hearing to present evidence on the appropriate penalty to be
levied against respondent for these violations. In addition, the parties shall
proceed to hearing on counts I, II, VI, XV, XVII, XX, and in part of count XIX
to determine the liability of the respondent. The Board dismissed counts XI,
XVIII, and XXII.
 
5-0
L-E
12

Environmental Register – October 2002
 
 
PCB 99-134
People of the State of Illinois v. Peabody Coal Company – The Board refused to
accept complainant’s third amended complaint in this matter, and ordered
complainant to file another amended complaint removing allegations of a
violation of Section 302.208 within 14 days or the Board will dismiss this case.
 
5-0
W-E
PCB 02-6
Gould Electronics, Inc. v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this permit appeal involving a Stephenson County facility.
 
5-0
P-A, Land
PCB 02-187
UOP L.L.C. v. IEPA – The Board granted petitioner’s motion to stay the
effectiveness of the permit.
 
5-0
P-A, Air
PCB 02-210
Elston/Webster, LP v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal involving a Cook
County facility.
 
5-0
UST Appeal
 
PCB 02-212
Shearon, Inc. v. IEPA – Having previously granted a request for a 90-day
extension, the Board dismissed this matter because no underground storage tank
appeal was filed on behalf of this McHenry County facility.
 
5-0
UST Fund
 
PCB 02-216
Prime Time Citgo, Inc. v. IEPA – Having previously granted a request for a 90-
day extension, the Board dismissed this matter because no underground storage
tank appeal was filed on behalf of this Kane County facility.
 
5-0
UST Fund
 
PCB 02-218
Ampco Pittsburgh 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.
 
5-0
UST Appeal
 
PCB 02-220
Newton Community High School 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 Jasper County facility.
 
5-0
UST Appeal
 
PCB 02-224
Atchison Amoco Service 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 Randolph County facility.
 
5-0
UST Fund
 
PCB 03-30
Jim Siddiqui Property 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.
 
 
5-0
UST Fund
90-Day Ext.
 
13

Environmental Register – October 2002
 
 
PCB 03-31
County of Kankakee and Edward D. Smith, States Attorney of Kankakee County
v. The City of Kankakee, Illinois, The City of Kankakee, Illinois City Council,
Town and Country Utilities, Inc., and Kankakee Regional Landfill, L.L.C. – The
Board accepted for hearing this third-party pollution control facility siting appeal
involving a Kankakee County facility and on its own motion consolidated this
matter with PCB 03-33 and PCB 03-35.
 
5-0
P-C-F-S-R
3rd Party
PCB 03-32
People of the State of Illinois v. City of Chicago Heights and Robinson
Engineering, Ltd. – Upon receipt of a proposed stipulation and settlement
agreement and an agreed motion to request relief from the hearing requirement in
this public water supply enforcement action involving a Cook County facility,
the Board ordered publication of the required newspaper notice.
 
5-0
PWS-E
PCB 03-33
Byron Sandberg v. The City of Kankakee, Illinois, The City of Kankakee,
Illinois City Council, Town and Country Utilities, Inc., and Kankakee Regional
Landfill, L.L.C. – The Board accepted for hearing this third-party pollution
control facility siting appeal involving a Kankakee County facility and on its own
motion consolidated this matter with PCB 03-31 and PCB 03-35. The Board
denied respondent Sandberg’s request for waiver of the mandatory filing fee.
 
5-0
P-C-F-S-R
3rd Party
PCB 03-34
Barry Amoco, Inc. v. IEPA – The Board granted this request for a 90-day
extension of time to file an underground storage tank appeal on behalf of this
Pike County facility.
 
5-0
UST Fund
90-Day Ext.
 
PCB 03-35
Waste Management of Illinois, Inc. v. The City of Kankakee, Illinois City
Council, Town and Country Utilities, Inc. and Kankakee Regional Landfill,
L.L.C., – The Board accepted for hearing this third-party pollution control
facility siting appeal involving a Kankakee County facility and on its own motion
consolidated this matter with PCB 03-31 and PCB 03-33.
 
5-0
P-C-F-S-R
3rd Party
PCB 03-36
D&R Service v. IEPA – The Board granted this request for a 90-day extension of
time to file an underground storage tank appeal on behalf of this Randolph
County facility.
 
 
5-0
UST Fund
90-Day Ext.
 
PCB 03-37
Illinois Ayers 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
Knox County facility.
 
5-0
UST Fund
PCB 03-39
Mineral Solutions, Inc. v. IEPA – The Board accepted for hearing this permit
appeal involving a Tazewell County facility.
 
 
5-0
P-A, Land
 
14

 
Environmental Register – October 2002
 
 
 
 
October 17, 2002
Via Video Conference Between
 
Springfield and Chicago, Illinois
 
Rulemakings
 
R02-11
 
In the Matter of: Water Quality Triennial Review: Amendments to 35 Ill. Adm.
Code 302.105, 302.208(e)-(g), 302.504(a), 302.575(d), 309.141(h); and
Proposed 35 Ill. Adm. Code 301.267,301.313, 301.413, 304.120, and 309.157 –
The Board adopted a second notice opinion and order in this matter to amend the
Board’s water regulations.
 
6-0
R, Water
R02-19
 
In the Matter of: Proposed Amendments to Ammonia Nitrogen Standards 35 Ill.
Adm. Code 302.100, 302.212, 302.213, and 304.122 – The Board adopted a final
opinion and order in this matter to amend the Board’s water regulations.
 
6-0
R, Water
 
Administrative Citations
 
AC 03-1
IEPA v. Tony Luttrell – The Board granted complainant’s motion to amend its
September 5, 2002 final opinion in this administrative citation involving a Clay
County facility.
 
6-0
 
Decisions
PCB 97-20
People of the State of Illinois v. Bentronics Corporation – The Board granted
complainant’s motion to withdraw its request for attorney fees. Having
previously found that respondent violated Section 12(a), (d), and (f) of the
Environmental Protection Act (Act) (415 ILCS 5/12(a), (d) and (f) (2000)
amended by
P.A. 92-0574, eff. June 26, 2002), and 35 Ill. Adm. Code
307.1101(a)(1), 307.2301(c)(1) and (2) of the Board’s water pollution
regulations, the Board ordered the respondent to pay a total civil penalty of
$110,000 and to cease and desist from further violation of the Act.
 
5-1
Marovitz
dissented
W-E
 
 
Provisional Variance
PCB 03-47
City of Benton v. IEPA – Upon receipt of an Illinois Environmental Protection
Agency recommendation, the Board granted this Grundy County facility a 45-
day provisional variance, subject to conditions, from the monthly average
chlorine residual, total suspended solids, and carbonaceous biochemical oxygen
demand effluent limits in its National Pollutant Discharge Elimination System
permit number IL0022365, and 35 Ill. Adm. Code 304.120(b) and 304.141(a).
 
6-0
W-V
 
 
15

 
Environmental Register – October 2002
 
Motions and Other Matters
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt Company – The Board
accepted the second amended complaint, denying the motion to strike.
 
6-0
W-E
PCB 01-39
Lannis Walters d/b/a Fat Boy Pizza (Get & Go) v. IEPA – The Board granted
respondent’s motion to dismiss this underground storage tank appeal involving a
Massac County facility.
 
6-0
UST Fund
PCB 02-221
Crazy D’s Peru, Inc. v. IEPA – Having previously granted a request for a 90-day
extension, the Board dismissed this matter because no underground storage tank
appeal was filed on behalf of this LaSalle County facility.
 
6-0
UST Fund
 
PCB 03-1
Illinois State Toll Highway Authority v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a DeKalb County facility.
 
6-0
UST Fund
PCB 03-2
Todd’s Service Station v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Tazewell County facility.
 
6-0
UST Fund
 
PCB 03-41
Newton Community High School 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 Jasper County facility.
 
6-0
UST Fund
90-Day Ext.
 
PCB 03-42
Rantoul Township High School District No. 193 v. IEPA – The Board accepted
for hearing this underground storage tank appeal involving a Champaign County
facility.
 
6-0
UST Fund
PCB 03-43
Landfill 33, Ltd. v. Effingham County Board and Sutter Sanitation Services –
The Board found the petition deficient in this third-party pollution control facility
siting review appeal involving a Effingham County facility, and ordered
petitioner to file an amended petition to cure specified deficiencies, which must
be postmarked no later than October 24, 2002, or the petition would be subject to
dismissal.
 
6-0
P-C-F-S-R
3d Party
PCB 03-44
Pioneer 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
Christian County facility.
 
6-0
UST Fund
90-Day Ext.
 
PCB 03-45
Wright Petroleum 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
Hancock County facility.
 
6-0
UST Appeal
90-Day Ext.
 
16

Environmental Register – October 2002
 
PCB 03-46
Mahr’s Sales & Service v. IEPA – The Board granted this request for a 90-day
extension of time to file an underground storage tank appeal on behalf of this
Fulton County facility.
 
6-0
UST Appeal
90-Day Ext.
 
 
 
 
New Cases
 
 
October 3, 2002 Board Meeting
03-030
Jim Siddiqui Property 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.
03-031
County of Kankakee and Edward D. Smith, States Attorney of Kankakee County v. The City of Kankakee,
Illinois, The City of Kankakee, Illinois City Council, Town and Country Utilities, Inc., and Kankakee Regional
Landfill, L.L.C. – The Board accepted for hearing this third-party pollution control facility siting appeal involving a
Kankakee County facility and on its own motion consolidated this matter with PCB 03-33 and PCB 03-35.
03-032
People of the State of Illinois v. City of Chicago Heights and Robinson Engineering, Ltd. – Upon receipt of
a proposed stipulation and settlement agreement and an agreed motion to request relief from the hearing
requirement in this public water supply enforcement action involving a Cook County facility, the Board ordered
publication of the required newspaper notice.
03-033
Byron Sandberg v. The City of Kankakee, Illinois, The City of Kankakee, Illinois City Council, Town and
Country Utilities, Inc., and Kankakee Regional Landfill, L.L.C. – The Board accepted for hearing this third-party
pollution control facility siting appeal involving a Kankakee County facility and on its own motion consolidated this
matter with PCB 03-31 and PCB 03-35. The Board denied respondent Sandberg’s request for waiver of the
mandatory filing fee.
03-034
Barry Amoco, Inc. v. IEPA – The Board granted this request for a 90-day extension of time to file an
underground storage tank appeal on behalf of this Pike County facility.
03-035
Waste Management of Illinois, Inc. v. The City of Kankakee, Illinois City Council, Town and Country
Utilities, Inc. and Kankakee Regional Landfill, L.L.C., – The Board accepted for hearing this third-party pollution
control facility siting appeal involving a Kankakee County facility and on its own motion consolidated this matter
with PCB 03-31 and PCB 03-33.
03-036
D&R Service v. IEPA – The Board granted this request for a 90-day extension of time to file an
underground storage tank appeal on behalf of this Randolph County facility.
03-037
Illinois Ayers 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 Knox County facility.
03-038
Morry Gabel, Myra Gabel, Don Foreman, Marsha Foreman, Keith Pinsoneault, and Tracy Pinsoneault v.
The Wealshire, Inc. – The Board held for a later duplicative/frivolous determination this citizen’s noise enforcement
action involving a Lake County facility.
03-039
Mineral Solutions, Inc. v. IEPA – The Board accepted for hearing this permit appeal involving a Tazewell
County facility.
03-040
Exelon Generation Company, L.L.C. (Dresden Nuclear Generating Station) v. IEPA – Upon receipt of an
Illinois Environmental Protection Agency recommendation, the Board granted this Winnebago County facility a 10-
day provisional variance, subject to conditions, from the thermal discharge limits contained in special conditions
4(A), 4(D), and 4(G) of its National Pollution Discharge Elimination System permit number IL0002224.
 
17

 
Environmental Register – October 2002
October 17, 2002 Board Meeting
03-041
Newton Community High School 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 Jasper County facility.
03-042
 
Rantoul Township High School District No. 193 v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Champaign County facility.
03-043
Landfill 33, Ltd. v. Effingham County Board and Sutter Sanitation Services – The Board found the petition
deficient in this third-party pollution control facility siting review appeal involving a Effingham County facility, and
ordered petitioner to file an amended petition to cure specified deficiencies, which must be postmarked no later than
October 24, 2002, or the petition would be subject to dismissal.
03-044
Pioneer 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 Christian County facility.
03-045
Wright Petroleum 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 Hancock County facility.
03-046
Mahr’s Sales & Service v. IEPA – The Board granted this request for a 90-day extension of time to file an
underground storage tank appeal on behalf of this Fulton County facility.
03-047
City of Benton v. IEPA – Upon receipt of an Illinois Environmental Protection Agency recommendation,
the Board granted this Grundy County facility a 45-day provisional variance, subject to conditions, from the
monthly average chlorine residual, total suspended solids, and carbonaceous biochemical oxygen demand effluent
limits in its National Pollutant Discharge Elimination System permit number IL0022365, and 35 Ill. Adm. Code
304.120(b) and 304.141(a).
AC 03-010
IEPA v. Bobby Keller – The Board accepted an administrative citation against this Macoupin
 
County
respondent.
 
Calendar
 
 
18
11/04/02
9:00 AM
PCB 3-31
County of Kankakee and Edward D.
Smith, States Attorney of Kankakee
County v.
City of Kankakee, Illinois, The City of
Kankakee, Illinois City Council, Town
and Country Utilitie4s, Inc.
and Kankakee Regional Landfill, L.L.C.
(Cons. With PCB 0333 & 03-35)
Quality Inn
800 North Kinizie Avenue
Bradley
11/06/02
9:00 AM
PCB 3-31
County of Kankakee and Edward D.
Smith, States Attorney of Kankakee
County v.
City of Kankakee, Illinois, The City of
Kankakee, Illinois City Council, Town
and Country Utilitie4s, Inc.
and Kankakee Regional Landfill, L.L.C.
(Cons. With PCB 0333 & 03-35)
Quality Inn
800 North Kinizie Avenue
Bradley
11/06/02 PCB
99-127
Ted Harrison Oil Company v.
IEPA
Conference Room 403
600 South Second Street
Springfield
11/07/02 PCB-8
In the Matter of: Noise Rule Update:
Amendments to 35 Ill. Adm.
Code 900 and 903
James R. Thompson Center
Conference Room 11-512
100 West Randolph Street
Chicago

 
Environmental Register – October 2002
11/07/2002
11:00 AM
Illinois Pollution Control Board Meeting
VIDEOCONFERENCE—
Chicago/Springfield
James R. Thompson Center
Conference Room 11-512
100 West Randolph Street/Chicago
Hearing Room 403
600 South Second Street/Springfield
11/19/02
9:00 AM
PCB 2-41
Milton C. and Virginia L. Kamholz v.
Lawrence and Mariane Sporleder
Public Library, Training Room
414 West Judd Street
Woodstock
11/20/02
9:00 AM
PCB 2-41
Milton C. and Virginia L. Kamholz v.
Lawrence and Mariane Sporleder
Public Library, Training Room
414 West Judd Street
Woodstock
11/21/2002
11:00 AM
Illinois Pollution Control Board Meeting
VIDEOCONFERENCE—Chicago/Springfield
James R. Thompson Center
Conference Room 11-512
100 West Randolph Street/Chicago
Hearing Room 403
600 South Second Street/Springfield
11/21/02
1:00 AM
R3-8
In the Matter of: Noise Rule Update:
Amendments to 35 Ill. Adm.
Code 900 and 903
James R. Thompson Center
Conference Room 11-512
100 West Randolph Street
Chicago
12/5/2002
11:00 AM
Illinois Pollution Control Board Meeting
Conference Room 403
600 South Second Street
Springfield
12/09/02
9:00 AM
PCB 3-39
Mineral Solutions, Inc. v.
IEPA
Conference Room 403
600 South Second Street
Springfield
12/10/02
10:00 AM
PCB 98-148
People 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
Knox County Courthouse
Second Floor
200 South Cherry Street
Galesburg
12/11/02
9:00 AM
PCB 3-42
Rantoul Township High School District
No. 193 v.
IEPA
James R. Thompson Center
Conference Room 11-512
100 West Randolph Street
Chicago
12/12/02 R3-10
In the Matter of: Revision of the Board’s
Procedural Rules: 35 Ill. Adm. Code
101-130
600 S. Second Street
Hearing Room 403
Springfield
12/18/02
9:00 AM
PCB 2-91
PCB 2-116
Rezmar Corporation v.
IEPA
(Consolidation of PCB 2-116
and PCB 2-91)
James R. Thompson Center
Conference Room 11-512
100 West Randolph Street
Chicago
12/19/02
9:00 AM
PCB 3-43
Landfill 33, LTD., v.
Effingham County Board and Sutter
Sanitation Services
County Building
101 N. Fourth Street
County Board Room
 
19

Environmental Register – October 2002
Effingham
 
20

 
Environmental Register – October 2002
 
12/19/02
9:00 AM
PCB 3-52
Stock & Company, LLC, v.
Effingham County Board and Sutter
Sanitation Services
County Building
101 N. Fourth Street
County Board Room
Effingham
12/19/2002
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Conference Room 11-512
100 West Randolph Street
Chicago
19/19/02 R3-10
In the Matter of: Revision of the Board’s
Procedural Rules: 35 Ill. Adm. Code
101-130
James R. Thompson Center
Conference Room 9-040
100 West Randolph Street
Chicago
12/20/02
9:00 AM
PCB 3-43
Landfill 33, LTD., v.
Effingham County Board and Sutter
Sanitation Services
County Building
101 N. Fourth Street
County Board Room
Effingham
12/20/02
9:00 AM
PCB 3-52
Stock & Company, LLC, v.
Effingham County Board and Sutter
Sanitation Services
County Building
101 N. Fourth Street
County Board Room
Effingham
2/19/03
9:00 AM
PCB 1-167
People v.
ESG Watts, Inc.
(Taylor Ridge Landfill)
Conference Room 403
600 South Second Street
Springfield
2/20/03
9:00 AM
PCB 01-167
People v.
ESG Watts, Inc.
(Taylor Ridge Landfill)
Conference Room 403
600 South Second Street
Springfield
 
 
 
21

 
Environmental Register – October 2002
 
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 October, 2002.
 
*
Indicates public water supplies which have been added to the list since the previous publication.
 
NAME OF PUBLIC WATER
SUPPLY/COUNTY/FACILITY
EPA
#
RGN
NATURE OF
PROBLEM
POP.
SERVE
D
 
LISTING
DATE
 
 
 
 
Acorn Acres Sbdv (Lake Co - 0975020)
2
Inadequate Pres Tank
250
12/16/83
 
Alden Long Grove Nursing Center (Lake Co - 0971090)
2
Inadequate Pres Tank
204
06/15/93
 
Alpha (Henry Co - 0730050)
1
Adjusted Gross Alpha
750
11/01/01
 
Bahl Wtr Corp (Jo Daviess Co - 0855200)
1
Inadequate Pres Storage
700
12/15/93
 
Biggsville (Henderson Co - 0710050)
5
Adjusted Gross Alpha
350
03/15/98
 
Bonnie Lane Water Supply (Kendall Co - 0930010)
2
Inadequate Pres Tank
49
09/16/93
  
Bradford (Stark Co - 1750050)
1
Gross Alpha
650
06/15/98
 
Bradley Hts Sbdv (Winnebago Co - 2015050)
1
Inadequate Pres Tank
192
09/13/85
  
Bryant (Fulton Co - 0570200)
5
Adjusted Gross Alpha
310
03/15/98
 
22

Environmental Register – October 2002
NAME OF PUBLIC WATER
SUPPLY/COUNTY/FACILITY
EPA
#
RGN
NATURE OF
PROBLEM
POP.
SERVE
D
 
LISTING
DATE
 
 
 
Buckingham (Kankakee Co - 0910250)
2
Inadequate Pres Tank
330
03/17/89
  
Bushnell (McDonough Co - 1090150)
5
Adjusted Gross Alpha
3,300
03/14/01
  
Byron Woods Sbdv (Rock Island Co - 1610070)
1
Arsenic
216
03/14/01
  
Carbon Hill (Grundy Co - 0630100)
2
Adjusted Gross Alpha
376
03/14/01
 
Carroll Hts Utl Cmpny (Carroll Co - 0155200)
1
Inadequate Pres Tank
80
03/20/81
  
Century Pines Apts (Carroll Co - 0150020)
1
Inadequate Pres Tank
50
12/14/90
 
Claremont Hls Sbdv (McHenry Co - 1115080)
2
Inadequate Pres Tank
330
03/15/96
 
Clearview Sbdv (Will Co - 1975360)
2
Inadequate Pres Tank
420
01/13/82
 
Coyne Cntr Coop (Rock Island Co - 1615150)
1
Inadequate Pres Tank
150
12/15/97
 
Cropsey Cmnty Wtr (McLean Co - 1135150)
4
Inadequate Pres Tank
60
03/20/81
 
Crystal Clear Wtr Cmpny (McHenry Co - 1115150)
2
Inadequate Pres Tank
900
09/16/88
  
Crystal Hts Assn (McHenry Co - 1115100)
2
Inadequate Pres Tank
93
06/17/96
 
D and R Apts (Champaign Co - 0190030)
4
Inadequate Pres Tank
26
09/16/93
 
Deering Oaks Sbdv (McHenry Co - 1115200)
2
Inadequate Pres Tank
60
12/17/82
 
DeKalb Univ Dvl Corp (DeKalb Co - 0375148)
1
Inadequate Pres Tank
950
12/16/92
 
DeWitt Cnty NH (DeWitt Co - 0395129)
4
Inadequate Pres Tank
80
06/17/83
 
DL Well Owners Assn (Lake Co - 0975380)
2
Inadequate Pres Tank
125
03/18/83
 
Dover (Bureau Co - 0110350)
1
Inadequate Pres Tank
200
05/25/81
 
East End Wtr Assn (Rock Island Co - 1610140)
1
Inadequate Storage Capacity
40
03/15/02
 
Eaton PWD (Crawford - 0335100)
4
Indequate Source Capacity
920
03/15/02
 
East Moreland Wtr Assn (Will Co - 1975600) 2
Inadequate
Pres Tank
753
03/20/81
 
East Moreland Wtr Corp (Will Co - 1975640) 2
Inadequate
Pres Tank
135
03/15/96
  
Edelstein (Peoria Co - 1435150)
5
Adjusted Gross Alpha
125
03/15/98
  
Edgington Water District (Rock Island Co-1615550)
1
Inadequate Pres Tank
470
03/20/81
 
Emmett Utl Inc (McDonough Co - 1095200)
5
Inadequate Pres Tank
39
12/17/82
 
23

Environmental Register – October 2002
 
NAME OF PUBLIC WATER
SUPPLY/COUNTY/FACILITY
EPA
#
RGN
NATURE OF
PROBLEM
POP.
SERVE
D
 
LISTING
DATE
 
 
 
Evansville (Randolph Co - 1570250)
6 Trihalomethane
73,233 06/15/02
 
Evergreen Vlg Sbdv (Rock Island Co - 1615310
1
Inadequate Pres Tank
250
03/20/81
 
Fahnstock Court Sbdv (Peoria Co - 1435200)
5
Inadequate Pres Tank
30
05/25/81
 
Fair Acres Sbdv (Will Co - 1975680)
2
Inadequate Pres Tank
185
10/19/81
  
Farmington (Fulton Co - 0570500)
5
Adjusted Gross Alpha
2,700
03/14/01
 
Forest Lake Addn (Lake Co - 0975500)
2
Inadequate Pres Tank
180
12/16/83
 
Frwrd-Skyline Cpy (Kane Co - 0895030)
2
Inadequate Pres Tank
1,300
09/19/86
  
Galva (Henry Co - 0730450)
1
Adjusted Gross Alpha
2,900
03/14/01
 
Garden Street Imprv Assn (Will Co - 1975376)
2
Inadequate Pres Tank
62
09/15/89
  
Gardner (Grundy Co - 0630400)
2
Adjusted Gross Alpha
1,450
03/14/01
  
Glasford (Peoria Co - 1430350)
5
Adjusted Gross Alpha
1,115
12/15/97
 
Glenkirk Campus North (Lake Co - 0977189)
2
Inadequate Pres Tank
64
06/15/88
 
Glenkirk Campus South (Lake Co - 0977199)
2
Inadequate Pres Tank
36
06/15/88
 
Good Shepherd Mnr (Kankakee Co - 0915189)
2
Inadequate Pres Tank
140
03/17/89
 
Great Oaks&Beacon Hls Apts (Winnebago Co-2015488)
1
Inadequate Pres Tank
943
12/17/82
  
Greenwood Outback (LaSalle Co - 0990080)
1
Inadequate Pres Tank
  
12/15/98
  
Harbor Lites/Pistakee Fshg Cl (McHenry Co - 1110011)
2
Inadequate Pres Tank
100
03/14/01
 
Hardinville (Crawford Co - 0330020)
4
Inadequate Source Capacity
2,361
03/15/02
 
Hawthorn Woods (Lake Co - 0970450)
2
Inadequate Pres Tank
800
03/15/95
 
Heatherfield Sbdv (Grundy Co - 0635150)
2
Inadequate Pres Tank
91
09/17/82
 
Hettick (Macoupin Co - 1170500)
5 Trihalomethane
220 06/15/02
 
Highland Sbdv (Kane Co - 0895530)
2
Inadequate Pres Tank
50
09/16/83
 
Hillview Sbdv (Will Co - 1975800)
2
Inadequate Pres Tank
99
03/15/85
    
Holy Family Villa (Cook Co - 0310280)
2
Inadequate Pres Tank
200
09/15/99
 
24

Environmental Register – October 2002
 
NAME OF PUBLIC WATER
SUPPLY/COUNTY/FACILITY
EPA
#
RGN
NATURE OF
PROBLEM
POP.
SERVE
D
 
LISTING
DATE
 
 
  
Hopewell (Marshall Co - 1235150)
1
Adjusted Gross Alpha
805
03/14/01
   
Huntley Cmnty Sbdv (Will Co - 1975840)
2
Inadequate Pres Tank
48
03/16/84
 
Ingalls Pk Sbdv (Will Co - 1975880)
2
Inadequate Pres Tank
690
09/16/83
  
Kewanee (Henry Co - 0730650)
1
Adjusted Gross Alpha
12,900
03/14/01
  
Kingston Mines (Peoria Co - 1430450)
5
Adjusted Gross Alpha
295
03/14/01
 
Kirk Wtr Line (Crawford Co - 0330030
4
Inadequate Source Capacity
72
03/15/02
  
Knoxville (Knox Co - 0950300)
5
Adjusted Gross Alpha
3,243
03/15/98
 
Lake Lynwood Wtr Sys (Henry Co - 0735330)
1
Inadequate Pres Tank
98
08/31/81
 
Lakeview Acres (McHenry Co - 1110120)
2
Inadequate Hydro Storage
35
11/01/01
 
Lakeview Hills Wtr Supply Cp (Whiteside Co - 1955150)
1
Inadequate Pres Tank
146
03/20/81
  
Lakewood Shores Imprv Assn
2
Adjusted Gross Alpha
760
03/14/01
  
Land and Water Assn (LaSalle Co - 0995050)
1
Inadequate Pres Storage
110
06/15/01
  
Larchmont Sbdv (Winnebago Co - 2015290)
1
Inadequate Pres Tank
106
06/17/83
 
Larson Court Rentals (Rock Island Co - 1615728)
1
Inadequate Pres Tank
48
01/14/82
 
Legend Lakes Wtr Assn (Winnebago Co - 2015300)
1
Inadequate Pres Tank
225
03/14/91
 
Liberty Park Homeowners Assn (DuPage Co - 0435600)
2
Inadequate Pres Tank
1,092
09/17/92
 
Lindenwood Wtr Assn (Ogle Co - 1415300)
1
Inadequate Pres Tank
50
01/13/82
  
Lisbon North Inc (Grundy Co - 0631000)
2
Inadequate Pres Tank
30
09/14/90
 
Little York (Warren Co - 1870100)
5
Adjusted Gross Alpha
350
03/14/01
 
London Mills (Fulton Co - 0574620)
5
Inadequate Pres Tank
670
12/14/84
  
Lostant (LaSalle Co - 0990450)
1
Adjusted Gross Alpha
510
03/14/01
 
Lynn Cntr (Henry Co - 0735100)
1
Inadequate Pres Tank
147
03/15/95
 
Lynnwood Water Corp (LaSalle Co - 0995336)
1
Inadequate Pres Tank
114
03/18/83
 
M C L W Sys Inc (Mercer Co - 1315150)
1
Inadequate Source
100
03/20/81
 
25

Environmental Register – October 2002
 
NAME OF PUBLIC WATER
SUPPLY/COUNTY/FACILITY
EPA
#
RGN
NATURE OF
PROBLEM
POP.
SERVE
D
 
LISTING
DATE
 
 
 
Maple Leaf Ests Wtr Corp (Monroe Co - 1335100)
6
Inadequate Pres Tank
39
03/20/81
  
Mapleton (Peoria Co - 1430500)
5
Adjusted Gross Alpha
350
03/15/98
 
Mayfair Sbdv (Tazewell Co - 1795750)
5
Inadequate Pres Tank
150
03/16/90
  
Monmouth (Warren Co - 1870150)
5
Adjusted Gross Alpha
9,500
03/14/01
 
Mound PWD (St Clair Co - 1635050)
6
Inadequate Plant Capacity
1,800
06/17/96
 
Northfield (Cook Co - 0312100)
2
Inadequate Storage Capacity
4,777
06/15/02
 
Northwest Belmont Imprv Assn (DuPage Co - 0435900)
2
Inadequate Pres Tank
115
09/29/81
 
Oak Ridge Sndst (Woodford Co - 2035300)
1
Inadequate Pres Tank
240
03/20/81
 
Oakview Avenue Wtrwks Inc (Will Co - 1977210)
2
Inadequate Pres Tank
350
03/20/81
 
Oblong (Crawford Co - 0330150)
4
Inadequate Source Capacity
2,317
03/15/02
 
Olivet Nazarene College (Kankakee Co - 0915279)
2
Inadequate Pres Tank
1,450
03/15/94
 
Opheim PWS (Henry Co - 0735150)
1
Inadequate Pres Tank
150
06/18/82
 
Osco Mutual Wtr Supply Cpy Inc (Henry Co-0735200)
1
Inadequate Pres Tank
115
12/15/89
 
Park Road Wtr Assn (Will Co - 1977330)
2
Inadequate Pres Tank
60
12/17/82
 
Park View Wtr Corp (Kane Co - 0895500)
2
Inadequate Pres Tank
150
12/17/82
  
Patoka (Marion Co - 1210400)
6
Inadequate Plant Capacity
731
03/15/97
 
Polo Dr & Saddle Rd Sbdv (DuPage Co - 0437000)
2
Inadequate Pres Tank
95
12/17/82
  
Ports of Sullivan Lake Assn (Lake co - 0971160)
2
Inadequate Pres Tank
638
06/15/99
 
Prairie Ridge Assn (McHenry Co - 1115730)
2
Inadequate Pres Tank
140
03/16/90
  
Princeville (Peoria Co - 1430750)
5
Adjusted Gross Alpha
1,815
12/15/97
 
Ridgecrest North Sbdv (Grundy Co - 0635250)
2
Inadequate Pres Tank
85
09/16/93
 
Ridgewood Ledges Wtr Assoc(Rock Island Co-1615670)
1
Inadequate Pres Tank
475
03/20/81
 
Ridgewood Sbdv (Will Co - 1977650)
2
Inadequate Pres Tank
315
06/18/82
 
Riverwoods Spcl Dstrct 3 (Lake Co - 0971451)
2
Inadequate Souce Capacity
234
11/01/01
 
26

Environmental Register – October 2002
 
NAME OF PUBLIC WATER
SUPPLY/COUNTY/FACILITY
EPA
#
RGN
NATURE OF
PROBLEM
POP.
SERVE
D
 
LISTING
DATE
 
 
 
Robinson Palestine Wtr Cmsn (Crawford Co - 0335030)
4
Inadequate Plant Capacity
10,728
11/01/01
 
Sbdv Wtr Trust No 1 (Kane Co - 0895300)
2
Inadequate Pres Tank
1,120
03/20/81
 
Shawnita Trc Wtr Assn (Will Co - 1977690)
2
Inadequate Pres Tank
125
09/17/92
 
Skyview Estates (Kankakee Co - 0915526)
2
Inadequate Pres Tank
65
09/14/84
 
St Charles Cmsn Wlfnd 3 (DuPage Co - 0437040)
2
Inadequate Pres Tank
30
12/15/89
  
Standard (Putnam Co - 1550300)
1
Adjusted Gross Alpha
300
03/14/01
 
Sturm Sbdv (Lake Co - 0977010)
2
Inadequate Pres Tank
63
03/16/84
 
Suburban Heights Sbdv (Rock Island Co - 1615800)
1
Inadequate Pres Tank
114
12/16/83
 
Summit Homeowners Assn (Lake Co - 0975280)
2
Inadequate Pres Tank
48
03/16/84
  
Sunny Hill Ests Sbdv (Henry Co - 0735300)
1
Inadequate Pres Tank
525
06/15/00
 
Sunnyland Sbdv (Will Co - 1977730)
2
Inadequate Pres Tank
350
09/16/83
 
Swedona Wtr Assn (Mercer Co - 1315200)
1
Inadequate Pres Tank
100
06/15/90
 
Sylvan Lake 1st Sbdv (Lake Co - 0977100)
2
Inadequate Pres Tank
210
06/14/91
  
Toulon (Stark Co - 1750150)
1
Adjusted Gross Alpha
1,400
12/12/99
 
Towners Sbdv (Lake Co - 0977250)
2
Inadequate Pres Tank
238
01/14/82
 
Trimble Wtr Co (Crawford Co - 0335200)
4
Inadequate Source Capacity
350
03/15/02
 
Trivoli PWD (Peoria Co - 1435510)
5
Inadequate Pres Tank
350
06/17/83
 
Turkey Hollow Well Corp (Rock Island Co - 1615686)
1
Inadequate Pres Tank
32
06/18/82
  
Utl Inc Holiday Hills (McHenry Co - 1115350)
2
Inadequate Pres Tank
750
09/16/83
 
Utl Inc Lake Holiday (LaSalle Co - 0995200)
1
Inad Source & Treat Plt
4,908
09/15/98
 
Utl Inc Northern Hls Utl Co (Stephenson Co-1775050)
1
Inadequate Pres Tank
290
03/15/96
 
Utl Inc Walk-Up Woods Wtr Co (McHenry Co - 1115800)
2
Inadequate Pres Tank
763
12/17/82
 
Wermes Sbdv (Kane Co - 0895750)
2
Inadequate Pres Tank
150
12/16/88
  
West Salem (Edwards Co - 0470200)
7
Inadequte Treatment Plant
1,058
03/15/99
 
27

Environmental Register – October 2002
 
NAME OF PUBLIC WATER
SUPPLY/COUNTY/FACILITY
EPA
#
RGN
NATURE OF
PROBLEM
POP.
SERVE
D
 
LISTING
DATE
 
 
  
West Shore Park Sbdv (Lake Co - 0977370)
2
Inadequate Pres Tank
450
06/15/00
 
West Shoreland Sbdv (Lake Co - 0977050)
2
Inadequate Pres Tank
220
06/14/91
 
Westlake Utl (Winnebago Co - 2010070)
1
Inadequate Source Capacity
  
25
11/01/01
  
Whispering Lakes Wtr Sys Inc (Lake Co - 0970220)
2
Adjusted Gross Alpha
375
03/14/01
  
Wienen Estates (Jo Daviess Co - 0850030)
1
Inadequate Pres Tank
70
12/15/97
 
Winnetka (Cook Co - 0313330)
2
Inadequate Storage Capacity
12,174
06/15/02
 
Wonder Lake Wtr Cmpny (McHenry Co - 1115750)
2
Inadequate Pres Tank
1,161
06/16/94
 
Woodland Hts Ests Sbdv (Peoria Co - 1435760)
5
Inadequate Pres Tank
245
03/20/81
 
Woodsmoke Ranch Assn (LaSalle Co - 0990030)
1
Inadequate Pres Tank
350
06/15/90
 
York Cntr Coop (DuPage Co - 0437550)
2
Inadequate Pres Tank
240
06/15/88
 
2nd Street Wtr Assn (Lake Co - 0971140)
2
Inadequate Pres Tank
33
12/15/95
 
 
PUBLIC WATER SUPPLIES REMOVED FROM PREVIOUS LIST
 
 
Bayles Lake Lot Owners Assn (Iroquois Co - 0755110)
 
Little Swan Lake Sndst (Warren Co - 1875050)
 
Sorento (Bond Co - 0050300)
 
 
28

 
Environmental Register – October 2002
IEPA Critical Review Status List
 
 
Illinois Environmental Protection Agency
 
Division of Public Water Supplies
 
Critical Review List -- Public Water Supplies
 
 
The Critical Review List was developed to give additional notification to officials of public water supplies which
may be close to being in violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies, Chapter I or the Illinois
Environmental Protection Act.
 
A supply will be placed on the Critical Review List when Agency records indicate that it is approaching any of the
violations which would place it on the Restricted Status List.
 
This list is continually being revised as new information becomes available, and therefore, specific inquiries as to
the status of any public water supply should be directed to the Division of Public Water Supplies for final
determination. This list reflects the status as of October, 2002.
 
*
Indicates public water supplies which have ben added to the list since the previous publication.
 
NAME OF PUBLIC WATER
SUPPLY/COUNTY/FACILITY
EPA
# RGN
NATURE OF
PROBLEM
POP.
SERVE
D
 
LISTING
DATE
 
 
 
 
Arenzville (Cass Co - 0170050)
5
Inadequate Pres Tank
492
03/14/01
 
Beecher (Will Co - 1970050)
2
Inadequate Storage Capacity
2,032
03/14/01
 
Bluford (Jefferson Co - 0810100)
7
Low System Pressure
465
03/20/81
  
Browning (Schuyler Co - 1690050)
5
Inadequate Source
495
03/15/98
  
Clayton Camp Point Wtr Cmsn (Adams Co - 0015200)
5
Inad Pumping Capacity
1,200
09/15/98
 
Clinton (DeWitt Co - 0390050)
4
Inad Plant Capacity
7,437
06/14/91
  
Columbia (Monroe Co - 1330050)
6
Inad Pumping Capacity
5,893
03/15/98
 
DePue (Bureau Co - 0110300)
1
Inad Treatment Plant
1,930
12/15/93
  
Elizabeth (Jo Daviess Co - 0850150)
1
Low System Pressure
700
06/15/99
 
Evansville (Randolph Co - 1570250)
6
Low System Pressure
1,838
05/25/81
  
Galena (Jo Daviess Co - 0850200)
1
Low System Pressure
3,790
06/15/99
 
Georgetown (Vermilion Co - 1830350)
4
Inadequate Water Plant
3,678
06/15/93
 
Highland Hills Sndst (DuPage Co - 0435560)
2
Inadequate Pres Tank
1,100
09/17/92
 
29

Environmental Register – October 2002
 
NAME OF PUBLIC WATER
SUPPLY/COUNTY/FACILITY
EPA
#
RGN
NATURE OF
PROBLEM
POP.
SERVE
D
 
LISTING
DATE
 
 
  
Joy (Mercer Co - 1310100)
1
Low System Pressure
495
06/15/99
 
Kincaid (Christian Co - 0210250)
5
Plant Capacity
2,640
06/14/85
  
LaMoille (Bureau Co - 0110500)
1
Inadequate Plant Capacity
750
06/15/99
  
Lee (Lee Co - 1034600)
1
Inadequate Pres Tank
350
03/15/98
 
Marion (Williamson Co - 1990550)
7
Inadequate Source Capacity
14,610
11/01/01
  
Mathersville (Mercer Co - 1310200)
1
Low System Pressure
793
09/13/00
 
McHenry Shores Wtr Cmpny (McHenry Co - 1115020)
2
Low System Pressure
1,170
09/17/92
  
Mechanicsburg Buffalo Wtr (Sangamon Co - 1675150)
5
Inadequate Source
1,030
03/15/98
  
Minonk (Woodford Co - 2030400)
1
Inadequate Source Capacity
2,200
03/14/01
  
Pheasant Knolls Sbdv (Lake Co - 0970290)
2
Inadequate Pres Tank
130
09/15/98
   
Scales Mound (Jo Daviess Co - 0850400)
1
Low System Pressure
400
09/15/97
  
Seneca (LaSalle Co - 0991050)
1
Inadequate Plant Capacity
1,937
06/15/99
 
South Highway PWD (Jackson Co - 0775400)
7
Low System Pressure
8,189
06/15/92
 
Stockton (Jo Daviess Co - 0850450)
1
Low System Pressure
1,900
06/15/84
 
Sumner (Lawrence Co - 1010300)
7
Low System Pressure
1,553
12/13/85
 
Tower Ridge Sbdv (Rock Island Co - 1615780)
1
Inadequate Pres Tank
70
03/15/94
 
  
 
Utl Inc Lake Marian Wtr Corp (Kane Co - 0895200)
2
Low Sys Pres &
800
09/14/84
 
  
  
Inad Pres Storage
 
Walnut Hill (Marion Co - 1210600)
6
Low System Pressure
1,200
06/14/85
 
 
Wonder Lake Wtr Cmpny (McHenry Co - 1115750)
2
Inadequate Storage
1,080
12/14/90
 
 
PUBLIC WATER SUPPLIES REMOVED FROM PREVIOUS LIST
 
 
None Removed
 
 
 
30

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
------------------------------------------------CUT HERE------------------------------------------------
 
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
contains
updates on rulemakings, descriptions of final decisions, the Board’s hearing
calendar, and other environmental law information.
 
 
 
 
 
------------------------------------------------CUT HERE------------------------------------------------
 
 
 
 
 
 
 
 
 
 
 
 
 
Illinois Pollution Control Board
Environmental Register Coordinator
600 South Second Street, Suite 402
Springfield, Illinois 62704
 

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