J. Philip Novak, Chairman

 

Board Members:

G. Tanner Girard, Thomas E. Johnson,

Nicholas J. Melas, Andrea S. Moore

 

 

 

 

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

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

(217) 524-8500

 

 

 

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

 

 

 

---

Letter from the Chairman

 

 

During the 2004 legislative session, the Illinois Pollution Control

Board monitored a number of bills relating to environmental protection.

Governor Rod Blagojevich recently signed two of those bills into law.

 

House Bill 5823 amends Section 42 of the Environmental

Protection Act. It provides that an injunction requested by the proper State’s

Attorney or the Attorney General in order to restrain violations of the

Environmental Protection Act, rules or regulations adopted under the Act, a

permit or the term or condition of a permit, or any order of the Board, may

be prohibitory or mandatory. The bill further provides that the injunction

may also be requested in order to require other actions that may be necessary

to address these violations.

 

The bill responds to a recent ruling of the Second District Appellate

Court in a case involving AgPro, an Ogle County agricultural pesticide and

fertilizer company, and its president. The trial court found that the defendants had caused ground contamination

and water pollution, but because AgPro had not operated for years, the court reasoned that there was no longer any

violation to restrain. The court further found that it did not have a legal basis to issue an injunction that required the

defendants to perform remediation. In January, the Appellate Court affirmed the denial of the State’s request for a

mandatory injunction requiring a clean-up.

 

House Bill 5823 allows courts to order an injunction specifying that polluters remedy environmental

contamination. The bill, sponsored by Representative Barbara Flynn Currie of Chicago and Senator William Haine

of Alton and supported by Attorney General Lisa Madigan, took effect upon becoming law as Public Act 93-0831

on July 28, 2004.

 

Governor Blagojevich also recently signed House Bill 4567, which amends the Illinois Procurement Code.

The bill provides that no person or business found by a court or the Pollution Control Board to have committed a

willful or knowing violation of the Environmental Protection Act shall do business with the State of Illinois or any

state agency for five years after the date of the order finding the violation. Before the adoption of this bill, the

procurement ban applied only to violations of a specified section of the Act.

 

House Bill 4567, sponsored by Representative Ricca Slone of Peoria and Senator John Cullerton of

Chicago and supported by Attorney General Lisa Madigan, took effect upon becoming law as Public Act 93-0826

on July 28, 2004.

 

As it has in the past, the Board will be a co-sponsor of the Illinois Environmental Conference on October

7-8 in Chicago. This year’s meeting, entitled “Evolutions in Law & Policy,” will include a wide range of speakers.

We will have more information about this conference in upcoming issues of the

Environmental Register

. If you

have questions in the meantime, please contact the Chicago Bar Association’s ticketing department at 312-554-2000

or e-mail their continuing legal education department at cle@chicagobar.org.

 

 

Sincerely,

 

 

J. Philip Novak

Chairman

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Environmental Register – July 2004

1

Inside This Issue:

 

 

FEDERAL UPDATE

  

P. 1

APPELLATE UPDATE

  

  

  

P. 4

RULE UPDATE

  

  

  

  

P. 5

ADJUSTED STANDARDS

  

  

  

P. 8

BOARD ACTIONS

  

  

  

P. 9

NEW CASES

  

  

  

  

P. 17

BOARD CALENDAR

  

  

  

P. 19

IEPA RESTRICTED STATUS LIST

P. 21

IEPA CRITICAL REVIEW LIST

  

  

P. 27

 

 

Federal Update

 

United States Environmental Protection Agency Publishes a Notice of Intent To Re-Evaluate the Aquatic Life

Ambient Water Quality Criteria for Ammonia Under the Clean Water Act

 

On July 8, 2004 (69 Fed. Reg. 41262), the United States Environmental Protection Agency (USEPA) published a

notice of intent to re-evaluate the aquatic life ambient water quality criteria for ammonia. Section 304(a) of the

Clean Water Act (CWA) authorizes the USEPA to develop and publish, and from time to time revise, criteria

recommendations for water accurately reflecting the latest scientific knowledge. In this notice, USEPA publicized

its intent to re-evaluate the current aquatic life criteria for ammonia to determine if a revision is warranted based on

that may be useful in re-evaluating these criteria.

 

Data and information must be submitted to USEPA on or before August 9, 2004.

 

For further information contact Amie Howell, U.S. Environmental Protection Agency, Office of Water, Health and

Ecological Criteria Division (4304T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460. (202) 566-1143,

email at howell.amie@epa.gov

.

 

If USEPA adopts final rules revising this standard, the Board would anticipates that the Illinois Environmental

Protection Agency (IEPA) would determine whether any amendments to the State’s water rules are necessary, as

part of the triennial review of the State’s water rules required by the Clean Water Act. 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 (2002)).

 

 

United States Environmental Protection Agency Adopts Amendments Under the Clean Water Act to the

National Pollutant Discharge Elimination System to Establish Requirements for Cooling Water Intake

Structures at Phase II Existing Power Generating Facilities

 

On July 9, 2004 (69 Fed. Reg. 41575), the United States Environmental Protection Agency (USPEA) adopted final

amendments to the National Pollutant Discharge Elimination System (NPDES) regulations to establish requirements

for cooling water intake structures at Phase II existing facilities.

 

producing facilities that employ a cooling water intake structure and are designed to withdraw 50 million gallons

per day (MGD) or more of water for cooling purposes from rivers, streams, lakes, reservoirs, estuaries, oceans, or

other waters of the United States. The final rule constitutes Phase II of USEPA's section 316(b) regulation

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Environmental Register – July 2004

2

development and establishes national requirements, and procedures for implementing those requirements, applicable

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

 

The rule applies to existing facilities that, as their primary activity, both generate and transmit electric power or

generate electric power but sell it to another entity for transmission. USEPA states that t requirements, which will

be implemented through NPDES permits, are based on the best technology available to minimize the adverse

environmental impact associated with the use of cooling water intake structures. With the implementation of the

final rule, USEPA intends to minimize the adverse environmental impact of cooling water intake structures by

reducing the number of aquatic organisms lost as a result of water withdrawals associated with these structures. The

final rule establishes performance standards that are projected to reduce impingement mortality by 80 to 95 percent

and, if applicable, entrainment by 60 to 90 percent.

 

This regulation is effective September 7, 2004.

 

For further information contact Martha Segall at (202) 566-1041 or Debra Hart at (202) 566-6379. The e-mail

address for the above contacts is rule.316b@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 CWA, 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 (2002)).

 

 

United States Environmental Protection Agency Adopts Direct Final Rule Approving Site-Specific Revisions

to the Illinois State Implementation Plan for Argonne National Laboratory, DuPage County

 

On July 28, 2004 (69 Fed. Reg. 45003), the United States Environmental Protection Agency (USEPA) adopted a

direct final that finalized approval of a site-specific revision to the Illinois volatile organic compound (VOC) State

Implementation Plan (SIP) for Argonne National Laboratory's (Argonne) degreasing operations. At the same time,

USEPA and published an identical proposed rulemaking.

 

Argonne is a United States government-owned research and development facility in Argonne, DuPage County,

Illinois. The Illinois Environmental Protection Agency (IEPA) requested that USEPA approve an adjusted standard

that was granted by the Board in Petition of Argonne National Laboratory for an Adjusted Standard from 35 Ill.

Adm. Code 218.182, AS 03-04 (December 18, 2003). The adjusted standard is from Illinois' cold cleaning

regulations for Argonne's solvent cleaning operations. Argonne’s research activities require sample surface areas to

be completely free of any residual contamination. This necessitates the use of cleaning solvents that exceed the

vapor pressure limitations of Illinois' cold cleaning regulations. The Board found that Argonne had fulfilled the

requirements for an adjusted standard set out in Section 28.1 of the Environmental Protection Act, 415 ILCS 5/28.1

(2002), and the Board’s rules.

 

USEPA stated that it was approving the adjusted standard because there are no feasible alternatives for the

preparation of sample materials and associated apparatus used for research and development at Argonne's Du Page

facility, and also because no more than one ton per year of solvents are used for cold cleaning.

 

If USEPA receives adverse comments on the proposed rule, the direct final rule will be withdrawn and all public

comments received will be addressed in a subsequent final rule based on the proposed rule. USEPA will not

institute a second comment period on this action.

 

Written comments must be received on or before August 27, 2004 and should be sent to: J. Elmer Bortzer, Chief,

Air Programs Branch (AR-18J), EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604-3590, email at

bortzer.jay@epa.gov.

 

For further information contact Steven Rosenthal, Environmental Engineer, Criteria Pollutant Section, Air Programs

Branch (AR-18J), EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6052, email at

rosenthal.steven@epa.gov.

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Environmental Register – July 2004

3

 

 

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

Pollutants for Plywood and Composite Wood Products Under the Clean Air Act and Effluent Limitations

Guidelines and Standards for the Timber Products Point Source Category Under the Clean Water Act

 

On July 30, 2004 (69 Fed. Reg. 45943), the United States Environmental Protection Agency (USEPA) adopted

national emission standards for hazardous air pollutants (NESHAP) for the plywood and composite wood products

(PCWP) source category under the Clean Air Act (CAA) and revisions to the effluent limitations, guidelines and

standards for the timber products processing source category under the Clean Water Act (CWA).

 

USEPA has determined that the PCWP source category contains major sources of hazardous air pollutants (HAP),

including, but not limited to, acetaldehyde, acrolein, formaldehyde, methanol, phenol, and propionaldehyde. These

HAP are associated with a variety of adverse health effects that include chronic health disorders (e.g., damage to

nasal membranes, gastrointestinal irritation) and acute health disorders (e.g., irritation of eyes, throat, and mucous

membranes, dizziness, headache, and nausea). Three of the six primary HAP emitted have been classified as

probable or possible human carcinogens.

 

This NESHAP will implement section 112(d) of the CAA by requiring all major sources subject to the final rule to

meet HAP emission standards reflecting the application of the maximum achievable control technology. USEPA

expects that the final rule will reduce HAP emissions from the PCWP source category by approximately 5,900 to

9,900 megagrams per year (Mg/yr) (6,600 to 11,000 tons per year (tons/yr)). In addition, USEPA expects the final

rule will reduce emissions of volatile organic compounds by 13,000 to 25,000 Mg/yr (14,000 to 27,000 tons/yr).

 

The adoption of the NESHAP prompted USEPA to make related amendments to its rules implementing the CWA.

USEPA amended the effluent limitations, guidelines and standards for the timber products processing point source

category (veneer, plywood, dry process hardboard, particleboard manufacturing subcategories). The amendments

adjust the definition of “process wastewater” to exclude certain sources of wastewater generated by air pollution

control devices. These devices are expected to be installed to comply with the final PCWP NESHAP.

 

Finally, USEPA also amended the list of categories that was developed pursuant to section 112(c)(1) of the CAA.

USEPA delisted a low-risk subcategory of the PCWP source category. This action was taken in part to respond to

comments submitted by the American Forest & Paper Association and in part upon the Administrator's own motion,

pursuant to section 112(c)(9) of the CAA. This action is based on USEPA's evaluation of the available information

concerning the potential hazards from exposure to HAP emitted by PCWP affected sources, and includes a detailed

rationale for removing low-risk PCWP affected sources from the source category list.

 

The final NESHAP and the amendments to the effluent guidelines are effective September 28, 2004.

 

For information concerning test methods, sampling, and monitoring information, contact Mr. Gary McAlister,

Source Measurement Analysis Group, Emission Monitoring and Analysis Division (D243-02), U.S. EPA, Research

Triangle Park, North Carolina 27711, telephone number (919) 541-1062, e-mail address mcalister.gary@epa.gov.

For information concerning the effluent guidelines, contact Mr. Donald Anderson, Engineering and Analysis

Division (4303T), U.S. EPA, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, telephone number (202)

566-1021, e-mail address anderson.donaldf@epa.gov.

 

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

the Board. See Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (2002)). But, the

Board must adopt amendments to the effluent guidelines before they become effective. 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 CWA, 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 (2002)).

 

 

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Environmental Register – July 2004

4

Appellate Update

 

Illinois Supreme Court Vacates Advisory Order But Denies Leave to Appeal in Watson v. County Board of

Kankakee County, et al., No. 98139 (July 16, 2004) (PCB 03-134 (cons. with PCB 03-125, 03-133 and 03-135))

 

In a July 16, 2004 order, the Illinois Supreme Court vacated a supervisory order it had issued May 26, 2004 as part

of its denial of a petition for leave to appeal. Watson v. County Board of Kankakee County, Illinois, Waste

Management of Illinois, Inc., City of Kankakee, Illinois Pollution Control Board, Merlin Karlock, and Keith

Runyon, No. 98139 (July 16, 2004). In so doing, the Supreme Court avoided a procedural anomaly that would have

left parties unsure as to which parties must be named in an appeal of a Board decision under Supreme Court Rule

335. (155 Ill.2d R335).

 

As reported in a previous issue of the

Environmental Register

(No. 597, March 2004 at p.7), in a February 26, 2004

final unpublished order under Supreme Court Rule 23 (155 Ill.2d R. 23), in Watson v. County Board of Kankakee

County, Illinois, Waste Management of Illinois, Inc., City of Kankakee, Merlin Karlock, and Keith Runyon, No. 3-

03-0919, the Third District Appellate Court dismissed Michael Watson’s appeal for lack of jurisdiction. When

filing the appeal, Watson did not name the Board as a party respondent. The Board argued that the appellant’s

failure to name all necessary parties of record pursuant to Supreme Court Rule 335 was a fatal error. On March 2,

2004, the Court denied Watson’s motion for leave to file an amended petition for review.

 

That issue also reported that, in an affidavit mailed March 5, 2004, Michael Watson advised the Board of his intent

to file a petition for leave to appeal with the Illinois Supreme Court under Supreme Court Rule 315 (155 Ill. 2d R

315). The Supreme Court received and docketed the appeal as Watson v. County Board of Kankakee County,

Illinois, Waste Management of Illinois, Inc., City of Kankakee, Illinois Pollution Control Board, Merlin Karlock,

and Keith Runyon, No. 98139 (filed March 31, 2004). On May 26, 2004 the Supreme Court denied the petition for

leave to appeal. But, the Court went on to say that

 

In the exercise of this Court’s supervisory authority, the Appellate Court, Third District, is

directed to allow the petition in Watson v. County Board of Kankakee County, case No.3-03-

0919, to file an amended petition for review.

 

The result of the Court’s supervisory order would have been that Watson would have received exactly the same

relief he would have received if he had been allowed to proceed with his appeal in the Supreme Court, and had won

that appeal.

This would have had the unusual procedural result of leaving the Board and the other parties with no opportunity to

defend the Third District’s dismissal order.

 

So, the Board filed in the Supreme Court a motion for leave to file a motion to reconsider entry of the May 26, 2004

supervisory order. In that motion, the Board argued that the dismissal had been consistent with Supreme Court Rule

335, the Administrative Review Law (735 ILCS 5/3-101 et seq. (2002)), and the Supreme Court’s prior holdings on

the issue.

See esp

. McGaughy v. Illinois Human Rights Commission, 165 Ill.2d 1, 649 N.E.2d 404 (1995) as

reaffirmed in ESG Watts v. Pollution Control Board, 191 Ill.2d 26, 727 N.E.2d 1022 (2000). The Board also cited

the comment of a justice in a recent dissent that “where an appellate court has complied with the controlling law in

Illinois, a supervisory order is inappropriate.” People v. Davis, 207 Ill. 2d 611, 807 N.E.2d 371, 372 (2004 (J.

Garman, dissenting).

 

On July 16, 2004, the Supreme Court entered an order that stated in pertinent part that:

 

[T]he motion for leave to file a motion for reconsideration of the supervisory order, is allowed.

The motion for reconsideration is allowed. The supervisory order entered on May 26, 2004, is

vacated. The petition for leave to appeal remains denied. (Emphasis in original).

 

The Supreme Court’s denial of Watson’s petition for leave to appeal leaves undisturbed the Third Appellate

District’s dismissal of Watson’s appeal. Still pending in the Third District is Waste Management’s appeal of the

Board’s August 7, 2003 decision. Waste Management of Illinois, Inc. v. Illinois Pollution Control Board, County of

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Environmental Register – July 2004

5

Kankakee, County Board of Kankakee, City of Kankakee, Merlin Karlock, Keith Runyon and Michael Watson, No.

3-03-0924.

 

The underlying case, PCB 03-134, is one of four consolidated cases involving the same local siting decision, all

decided by the Board in a single opinion and order. City of Kankakee v. County of Kankakee, Kankakee County

Board and Waste Management of Illinois, Inc.; Merlin Karlock v. County of Kankakee, Kankakee County Board

and Waste Management of Illinois; Michael Watson v. County Board of Kankakee County, Illinois and Waste

Management of Illinois, Inc.; Keith Runyon v. County of Kankakee, Kankakee County Board, and Waste

Management of Illinois, Inc., PCB 03-125, PCB 03-133, PCB 03-134, PCB 03-135 (cons.) (August 7, 2003).

 

On January 31, 2003, the Kankakee County Board reached a decision granting site location approval, with

conditions, to Waste Management of Illinois, Inc. for a “regional pollution control facility.” Waste Management

sought approval to expand around its existing 179-acre site, to result in an expanded site covering 664 acres, with a

302-acre disposal site. The County of Kankakee, as well as Michael Watson, owner of United Disposal Systems (a

competitor to Waste Management), and two individual citizens (Merlin Karlock and Keith Runyon) each filed

separate appeals of the same County decision. The various appeals argued that the County lacked jurisdiction to

decide siting (raised by all petitioners save Runyon), that the County proceedings were fundamentally unfair, and

that the County decision finding that the statutory siting criteria had been met was against the manifest weight of the

evidence.

 

In its August 7, 2003 opinion and order, the Board determined that the County lacked jurisdiction to decide the

application because Waste Management had improperly failed to notify all landowners as required by Section 39.2

(b) of the Environmental Protection Act. (415 ILCS 5/39.2(b)) (2002). The Board accordingly vacated the County

decision without reaching the other issues presented. (On the same day, in a separate order in a separate case, the

Board granted Waste Management’s motion to withdraw its appeal of the conditions the County had imposed on its

grant of siting approval. See Waste Management of Illinois, Inc. v. Kankakee County Board, PCB 04-144 (August

7, 2003)).

 

Watson sought Board reconsideration of a finding regarding certified mail service of a landowner, as well as the

finding that he did not qualify for an exemption as a “citizen’s group” from payment to the city to pay record

preparation costs under Section 39.2(n) of the Act and 35 Ill. Adm. Code 107.306. The Board denied motions for

reconsideration by Watson and others by summary order of October 16, 2003.

 

 

Rule Update

 

Board Adopts Final Opinion and Order in Wastewater Pretreatment Update, USEPA Amendments (July 1,

2003 through December 31, 2003) (R04-18)

 

On July 8, 2004, the Board adopted a final opinion and order in Wastewater Pretreatment Update, USEPA

Amendments (July 18, 2003 through December 31, 2003) (R04-18). The Board adopted amendments to its

wastewater pretreatment regulations that are “identical-in-substance” to wastewater pretreatment regulations

adopted by the United States Environmental Protection Agency (USEPA). These are rules adopted by the USEPA

pursuant to sections 307(b), (c), and (d) and 402(b)(8) and (b)(9) of the Federal Water Pollution Control Act

(FWPCA) (33 USC §§ 1317(b), (c), and (d) and 1342(b)(8) and (b)(9) (1994)).

 

The Board received no comments on, and made no changes to, the proposal it adopted for public comment that was

published in the

Illinois Register

on April 30, 2004 at 28 Ill. Reg. 6532 (Part 307) and 6555 (Part 310). The

adopted rulemaking was sent to the Secretary of State’s Index department for publication in the July 30, 2004

Illinois Register

.

 

The amendments adopted by the Board are based on two rulemakings adopted by USEPA. The first rulemaking

from December 22, 2003 (68 Fed. Reg. 71014) related to discharges from facilities in the centralized waste

treatment point source category. USEPA deleted certain effluent limitations and pretreatment standards. USEPA

deleted the selenium limitations and standards from certain segments of 40 C.F.R. 437, Subpart A, which applies to

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Environmental Register – July 2004

6

the metals treatment and recovery subcategory. USEPA also deleted the barium, molybdenum, antimony, and

titanium limitations and standards from certain segments of 40 C.F.R. 437, Subpart B, which applies to the oils

treatment and recovery subcategory. USEPA next deleted the molybdenum, antimony, aniline, and 2,3-dicholoro-

aniline limitations and standards from certain segments of 40 C.F.R. 437, Subpart C, which applies to the organics

treatment and recovery subcategory. Finally, USEPA amended segments of 40 C.F.R. 437, Subpart D, which

applies to the multiple wastestream subcategory, to reflect the amendments to the amendments to Subparts A

through C. Other USEPA amendments related only to direct dischargers, and not to wastewater pretreatment.

 

The only other federal action included in this update related to amendments adopted by USEPA on July 21, 2003

(68 Fed. Reg. 43272), which amended the methods for analysis of water and wastewater. The amendments

incorporated new methods for analysis of microbiological contaminants:

Escherichia coli

,

Cryptosporidium

, and

Giardia

in fresh water and for enterococci in marine waters. The methods are published by a variety of sources, but

all are listed in 40 C.F.R. 136.3. USEPA corrected the July 21, 2003 amendments on September 19, 2003 (68 Fed.

Reg. 54934).

 

Copies of the Board’s opinion and order in R04-18 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 Michael J. McCambridge at 312-814-6924; e-mail address

mccambm@ipcb.state.il.us

 

 

Board Adopts First Notice Opinion and Order in Revisions to Radium Water Quality Standards: Proposed

New 35 Ill. Adm. Code 302.307 and Amendments to 35 Ill. Adm. Code 302.207 and 302.525 (R04-21)

 

On July 8, 2004 the Board adopted a first notice opinion and order in Revisions to Radium Water Quality

Standards: Proposed New 35 Ill. Adm. Code 302.307 and Amendments to 35 Ill. Adm. Code 302.207 and 302.525

(R04-21). The rulemaking was filed with the Secretary of State’s Index Department and published in the

Illinois

Register

on August 6, 2004 at 28 Ill Reg. 10887.

 

This rulemaking is based on a January 13, 2004 proposal filed by the Illinois Environmental Protection Agency

(IEPA). IEPA seeks to amend the Board’s water quality standards for radium at 35 Ill. Adm. Code 302. The Board

has held two hearings in this rulemaking, the first hearing was held on April 1, 2004, at the James R. Thompson

Center in Chicago and the second hearing was held on May 6, 2004, at the Board’s offices in Springfield.

 

The proposed changes to Sections 302.207 and 302.525 eliminate the existing general use and Lake Michigan

(respectively) water quality standards for radium 226, yet retain the existing radioactivity standards for gross beta

particle activity and strontium 90. The proposed new Section 302.307 establishes a public and food processing

water supply standard for radium 226 and 228 combined of 5 pCi/L.

 

The IEPA states that these proposed amendments correspond to the United States Environmental Protection

Agency’s Maximum Contaminant Level for finished drinking water. This final drinking water standard became

effective December 8, 2003 (National Primary Drinking Water Regulations; Radionuclide; Final Rule. 65 Fed. Reg.

76707 (Dec. 7, 2000)). The Board adopted these federal amendments in its identical in substance rulemaking

SDWA Update, USEPA Amendments (July 1, 2000 through December 31, 2000) (R01-20) at 25 Ill. Reg. 13611,

effective October 9, 2001.

 

In its first notice opinion and order, the Board also decided to schedule a third hearing, to be held after the

publication of the first notice in the Illinois Register. The Board did so in response to a motion and a request made

in public comments. In its June 2, 2004 motion for a third hearing WRT Environmental (Illinois), L.L.C. (WRT)

opposed the IEPA’s proposal. WRT Environmental commented that all radium or uranium removal processes

generate radioactive residuals, yet many communities do not have the expertise to safely handle, transport, or

dispose of radioactive residuals. WRT Environmental indicated that at a third hearing it would discuss the technical

feasibility, economic reasonableness, and environmental impact of the proposal, and the infeasibility or

unreasonableness of the existing standards. The City of Joliet (Joliet) and the IEPA both responded in opposition to

the motion for a third hearing, suggesting that it would unnecessarily delay the rulemaking.

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Environmental Register – July 2004

7

 

On June 3, 2004, the Environmental Law and Policy Center (ELPC) filed a public comment urging the Board to

reserve judgment on the proposal. The ELPC contended that the record lacks information regarding the potential

effect of radium on aquatic life and the costs of utilizing processes for removing radium from drinking water that do

not result in the discharge of radium.

 

The Board determined that the scheduling of a third hearing after the first notice publication would allow for further

record development while minimizing any delay to the proceedings. In a July 14, 2004 hearing officer order, the

hearing was set for August 25, 2004 in the Board’s Springfield office. The hearing officer order also established

requirements for the pre-filing of testimony to expedite the proceeding.

 

Copies of the Board’s opinion and orders and the hearing officer’s orders in R04-21 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 the hearing officer, Amy Antoniolli at 312/814-3665; email address

antonioa@ipcb.state.il.us.

 

 

Board Adopts Final Opinion and Order in Proposed Site Specific Regulation Applicable to Ameren Energy

Generating Company, Elgin, Amending 35 Ill. Adm. Code Part 901 (R04-11)

 

On July 22, 2004 the Board adopted a final opinion and order in Proposed Site Specific Regulation Applicable to

Ameren Energy Generating Company, Elgin, Amending 35 Ill. Adm. Code Part 901 (R04-11). The Board did not

make any substantive changes to the proposal it adopted for first notice on November 6, 2003 (published in the

Illinois Register

on November 21, 2003 at 27 Ill Reg. 17349). The adopted rulemaking was filed with the Secretary

of State’s Index department and will be published in the August 13, 2004 issue of the

Illinois Register

.

 

The site-specific rulemakings adopts adjusted noise levels for the Ameren Energy Generating Company (Ameren)

facility in Elgin (Cook County). (Facilities of this type are commonly known as “peaker plants” which generate

power during periods of peak demand.)

See

In the Matter of: Natural Gas-Fired, Peak-Load Electrical Power

Generating Facilities (Peaker Plants), R01-10 (December 21, 2000).

 

Ameren filed its October 28, 2003 rulemaking proposal to address changes in land use designations for property that

is adjacent to its facility. The land immediately to the west of the facility is vacant, and until very recently was

located within unincorporated Cook County and zoned Industrial. On June 3, 2003, the Village of Bartlett annexed

and rezoned this land for residential use at the request of Realen Homes, a residential development corporation.

 

Ameren proved to the Board that although its facility is in compliance with the Board’s regulations for Class C land

uses (industrial, agricultural, mining and excavation), it will not be able to meet the Class A noise limitation at 35

Ill. Adm. Code 901.102 (applicable to residential properties). The Board found that Ameren had justified adoption

of site-specific noise levels to allow Ameren to continue the operation of its peaker plant while maintaining

compliance with the Board’s noise standards. The Board also noted that, as a result of a circuit court order, that

noise easements in Ameren’s favor would be recorded in the titles of any future purchasers of Realen homes.

 

Copies of the Board’s opinion and order in R04-11 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 more information contact John Knittle at (217) 278-3110 or email at knittlej@ipcb.state.il.us.

 

 

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Environmental Register – July 2004

8

Listing of Adjusted Standards

 

LISTINGS OF ADJUSTED STANDARDS AND COMBINED SEWER

OVERFLOW EXCEPTIONS GRANTED BY THE BOARD DURING

FISCAL YEAR 2004

 

Section 28.1(d)(3) of the Environmental Protection Act (Act) (415 ILCS 5/28.1(d)(3) (2002)) requires the

Board to annually publish in the

Illinois Register

and

Environmental Register

a listing of all determinations made

pursuant to Section 28.1 at the end of each fiscal year. This notice sets forth all adjusted standard and combine

sewer overflow exception determinations made by the Board during the fiscal year 2004 (July 1, 2003, through June

30, 2004).

 

Final Actions Taken by the Pollution Control Board in Adjusted Standards Proceedings During Fiscal Year

2004 (July 1, 2003 through June 30, 2004)

 

Docket/Docket Title Final Determination

 

In the Matter Of: Petition of Metropolitan Water

Reclamation District for an Adjusted Standard

from 35 Ill. Adm. Code 811, 812, and 817 and

Modification of AS 95-4 (Sludge Application)

(July 24, 2003), AS 03-02

 

The Board granted the petition of the Metropolitan

Water Reclamation District for an adjusted standard to

allow, with conditions, the application of approved air-

dried sludge products as the final protective layer at

non-hazardous waste landfills.

In the Matter Of: Petition of DeKalb Sanitary

District for an Adjusted Standard from 35 Ill.

Adm. Code 302.208(e) (August 7, 2003), AS 01-

03

 

The Board granted the DeKalb Sanitary District’s

motion to voluntarily withdraw its petition for an

adjusted standard relating to acute and chronic levels

of copper in its effluent and in the receiving stream at

the outfall of its wastewater treatment plant.

 

In the Matter Of: Petition of Cromwell-Phoenix,

Inc, for an Adjusted Standard from 35 Ill. Adm.

Code 218.204(c) (September 18, 2003),

(November 20, 2003) AS 03-05

 

The Board granted this Cook County facility an

adjusted standard, subject to conditions, from certain

volatile organic material emission limitation

requirements related to the use of Cromwell’s

corrosion inhibiting packaging materials. The adjusted

standard raises the level of allowable VOM emissions

from 2.3 pounds per gallon to 8.3 pounds per gallon.

On November 20, 2003 the Board amended its

September decision and substituted CP-D Acquisition

Company, LLC for Cromwell-Phoenix, Inc. at the

company’s request.

 

In the Matter Of: Petition of Argonne National

Laboratory for an Adjusted Standard from 35 Ill.

Adm. Code 218.182 (December 18, 2003), AS

03-04

 

The Board granted this DuPage County facility an

adjusted standard, subject to conditions, from certain

volatile organic material emission limitation

requirements related to the use of cold cleaning

degreasers. The adjusted standard addresses vapor

pressure and associated equipment and recordkeeping

requirements.

 

In the Matter Of: Petition of Formel Industries,

Inc. for an Adjusted Standard from 35 Ill. Adm.

Code 218.401(a), (b), (c) (April 15, 2004), AS 00-

13

The Board granted the joint request of this Cook

County facility and the Illinois Environmental

Protection Agency to terminate an adjusted standard

that was granted by the Board on January 18, 2001

because the facility has since come into compliance

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Environmental Register – July 2004

9

with the Board’s rule of general applicability related to

reasonably available control technology for volatile

organic material.

 

Final Actions Taken by the Pollution Control Board in Combine Sewer Overflow Exception Proceedings

During Fiscal Year 2004 (July 1, 2003 through June 30, 2004)

 

The Board took no action in combined sewer overflow exception proceedings during fiscal year (FY)

2004, as none were filed with the Board or pending during FY 2004.

 

Address

written comments or request copies

, noting the appropriate docket number, to:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Telephone: 312-814-3620

 

Address

questions

concerning this notice, noting the appropriate docket number, to:

 

Name: Erin Conley

Address: Pollution Control Board

1021 North Grand Avenue East

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

 

Board Actions

 

 

July 8, 2004

Via Videoconference

Springfield and Chicago, Illinois

 

 

Rulemakings

R04-18 In the Matter of: Pretreatment Update, USEPA Amendments (July 1, 2003

through December 31, 2003) – The Board adopted a final opinion and order in

this “identical-in-substance” rulemaking amending the Board’s wastewater

pretreatment regulations.

 

5-0

R, Water

R04-21 In the Matter of: Revisions to Radium Water Quality Standards: Proposed New

35 Ill. Adm. Code 302.307 and Amendments to 35 Ill. Adm. Code 302.207 and

302.525 – The Board adopted a proposal for public comment in this “identical-

in-substance” rulemaking to amend the Board’s water quality standards

regulations. The Board also granted WRT Environmental (Illinois) L.L.C.

motion for an additional merit hearing.

5-0

R, Water

 

 

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Environmental Register – July 2004

10

Administrative Citations

AC 03-13 IEPA v. Dan Cadwallader – The Board entered a final opinion and order

requiring respondent to pay the Board hearing costs in the amount of $384.29

and a civil penalty of $1,500. This order follows the Board's interim order of

April 1, 2004, which found that this respondent had violated Section 21(p)(1) of

the Environmental Protection Act (415 ILCS 5/21(p)(1) (2002)) at his Putnam

County facility.

 

5-0

AC 03-21 IEPA v. John Smith and Twilla Williams Smith – In response to a joint

stipulation and settlement agreement in this administrative citation action

involving a Union County facility, the Board found respondents violated Section

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

(2002)) and ordered respondent to pay a civil penalty of $1,500. The Board also

granted the parties’ joint motion to dismiss respondent’s petition for review and

the alleged violation of 415 ILCS 5/21(p)(7) (2002).

 

5-0

AC 03-33 IEPA v. 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 respondent violated Section 21(p)(1) of the

Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2002)) and ordered

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

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

violations of 415 ILCS 5/21(p)(3), (p)(7) (2002).

 

5-0

AC 03-34 IEPA v. 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 respondent violated Section 21(p)(7) of the

Environmental Protection Act (Act) (415 ILCS 5/21(p)(7) (2002)) and ordered

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

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

violations of 415 ILCS 5/21(p)(1), (p)(3) (2002).

 

5-0

AC 04-56 County of Vermilion, Illinois v. Jerry Hathaway and Darrell Cripe – The Board

denied respondent Jerry Hathaway’s motion to reconsider or to vacate May 6,

2004 opinion and order, but granted respondents an additional 30 days in which

to pay the penalty.

 

5-0

AC 04-60 IEPA v. Sharyn Fuller and Carl Benedict d/b/a Benedict Auto Sales – The Board

granted complainant’s motion to dismiss this administrative citation against these

Peoria County respondents, and also dismissed Benedict ’s petition for review.

 

5-0

AC 04-64 County of Jackson v. Egon Kamarasy – The Board accepted for hearing

respondent’s amended petition to contest the administrative citation.

 

5-0

AC 04-75 IEPA v. Charles L. Parker – The Board accepted for hearing this petition for

review of an administrative citation against this Logan County respondent.

 

5-0

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Environmental Register – July 2004

11

AC 04-76 IEPA v. Landfill, L.L.C., West End Disposal Facility, and Danny Bowman – The

Board found that these Saline County respondents violated Section 21(o)(12) of

the Environmental Protection Act (415 ILCS 5/21(o)(12) (2002)), and ordered

respondents to pay a civil penalty of $500.

 

5-0

AC 04-77 IEPA v. Frank Bencie – The Board accepted for hearing this petition for review

of an administrative citation against this Franklin County respondent.

 

5-0

AC 04-78 IEPA v. Daniel Pauley – The Board accepted for hearing this petition for review

of an administrative citation against this St. Clair County respondent.

 

5-0

AC 04-79 City of Chicago Department of Environment v. National Material Limited

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

administrative citation against this Cook County respondent.

 

5-0

AC 04-80 IEPA v. Joseph Luparell and Troy Curley – The Board accepted for hearing

respondent Joseph Luparell’s petition for review of an administrative citation

against this Sangamon County respondent. Complainant was directed to address

whether respondent Troy Curley had been properly served on or before July 29,

2004.

5-0

 

 

Motions and Other Matters

PCB 01-7 People of the State of Illinois v. QC Finishers, Inc. – The Board granted in part

and denied in part the complainant’s motion to strike affirmative defenses.

 

5-0

A-E

 

PCB 02-55 ESG Watts, Inc. (Taylor Ridge/Andalusia Landfill) v. IEPA – The Board granted

petitioner’s motion for voluntary dismissal of this permit appeal involving a

Rock Island facility.

 

5-0

P-A, Land

 

PCB 02-106 City of Quincy v. IEPA – The Board granted petitioner’s motion for voluntary

dismissal of this permit appeal involving an Adams County facility.

 

5-0

P-A, NPDES

 

PCB 02-177 People of the State of Illinois v. John Prior d/b/a Prior Oil Company and James

Mezo d/b/a Mezo Oil Company – The Board denied respondent John Prior’s and

James Mezo motions for reconsideration of the May 6, 2004 Board opinion and

order.

 

5-0

L&W-E

PCB 03-223 People of the State of Illinois v. Elysium Energy – Upon receipt of a proposed

stipulation and settlement agreement and an agreed motion to request relief from

the hearing requirement in this special waste hauling enforcement action

involving a Jasper County facility, the Board ordered publication of the required

newspaper notice.

5-0

L-E

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Environmental Register – July 2004

12

 

PCB 04-69 Republic Bank of Chicago as Trustee of Trust #2234, Aristotle Halikias, Lena

Halikias, Michael Halikias, Nikolas Halikias, Noula Halikias, and Patricia

Halikias as beneficiaries of Trust #2234 v. Sunoco, Inc. (R&M) – The Board

granted parties’ joint motion for voluntary dismissal of this enforcement action

involving a Cook County facility.

 

4-0

NJM abstain

L-E

PCB 04-112 Swif-T Food Mart v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this underground storage tank appeal involving a Lake

County facility.

 

5-0

UST Appeal

 

PCB 04-163 Eaves Auto Repair 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 Ford County facility.

 

5-0

UST Appeal

 

PCB 04-166 Red Carpet Car Wash 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 Macon County facility.

 

5-0

UST Appeal

 

PCB 04-169 Craig’s Service Station v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a McLean County facility.

 

5-0

UST Appeal

 

PCB 04-170 Chemrex 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 04-173 City of Sullivan 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 Moultrie County facility.

 

5-0

UST Appeal

 

PCB 04-176 Three Square Feeds v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this underground storage tank appeal involving a Morgan

County facility.

 

5-0

UST

Appeal

 

PCB 04-223 SG Supply Company v. IEPA – The Board granted this request for a 90-day

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

Cook County facility.

 

5-0

UST Appeal

 

PCB 04-224 People of the State of Illinois v. Heritage FS, Inc. – The Board accepted for

hearing this water enforcement action involving a site located in Kankakee

County.

5-0

W-E

 

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Environmental Register – July 2004

13

 

PCB 04-225 People of the State of Illinois v. Prairie Lane Development, L.L.C. – The Board

accepted for hearing this water enforcement action involving a site located in

Boone County.

 

5-0

W-E

PCB 04-226 People of the State of Illinois v. P&J Super Auto Body Shop, Inc. and Julio

Gallegos – The Board accepted for hearing this land enforcement action

involving a site located in Cook County.

 

5-0

L-E

PCB 04-227 People of the State of Illinois v. Rogers Development Company – The Board

accepted for hearing this water enforcement action involving a site located in

Winnebago County.

5-0

W-E

 

 

July 22, 2004

Via Videoconference

Springfield and Chicago, Illinois

 

Rulemakings

R04-11 In the Matter of: Regulation Applicable to Ameren Energy Generating

Company, Elgin, Amending 35 Ill. Adm. Code Part 901 – The Board adopted a

adopted a final opinion and order granting the requested site specific

amendments to the Board’s noise pollution control regulations for this Cook

County peaker plant.

5-0

R, Noise

 

 

Adjusted Standards

AS 01-10 In the Matter of: Petition of Prairie Material Sales, Inc. for an Adjusted Standard

from 35 Ill. Adm. Code Parts 811, 814 – The Board granted petitioner’s motion

for voluntary dismissal of this petition for an adjusted standard involving a Lee

County facility.

 

5-0

Land

AS 04-1 In the Matter of: Petition of Crownline Boats, Inc. for an Adjusted Standard

from 35 Ill. Adm. Code 215.301 – The Board granted this Franklin County

petitioner an adjusted standard, with conditions, from volatile organic material

emission requirements.

 

5-0

Air

 

 

 

Administrative Citations

AC 03-32 IEPA v. Carl Benedict d/b/a Benedict Auto Sales – In response to a joint

stipulation and settlement agreement in this administrative citation action

involving a Peoria County facility, the Board found respondents violated Section

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

(2002)) and ordered respondent to pay a civil penalty of $1,500. The Board also

granted the parties’ joint motion to dismiss respondent’s petition for review.

 

5-0

AC 04-81 IEPA v. Ralph Williams and Lois Williams – The Board found that these Knox 5-0

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Environmental Register – July 2004

14

County respondents violated Section 21(p)(1), (p)(3), and (p)(5) of the Act (415

ILCS 5/21(p)(1), (p)(3), (p)(5) (2002)), and ordered respondents to pay a civil

penalty of $4,500.

 

 

AC 04-82 IEPA v. John Brown d/b/a John Brown Painting – The Board accepted for

hearing this petition for review of an administrative citation against this Massac

County respondent.

 

5-0

AC 04-84 IEPA v. City of Salem, Roger Kinney, Dick Brown and Jason Bruce – The Board

accepted for hearing this petition for review of an administrative citation against

these Marion County respondents.

 

5-0

AC 04-85 IEPA v. Michael Lee Schenck – The Board found that this Knox County

respondent violated Section 21(o)(11) and (o)(13) of the Act (415 ILCS

5/21(o)(11), (o)(13) (2002)), and ordered respondents to pay a civil penalty of

$1,000.

 

5-0

AC 04-86 IEPA v. Bill Weis – The Board found that this St. Clair County respondent

violated Section 21(p)(1), (p)(3), and (p)(7) of the Act (415 ILCS 5/21(p)(1),

(p)(3), (p)(7) (2002)), and ordered respondents to pay a civil penalty of $4,500.

 

5-0

AC 04-87 IEPA v. Herman “Bud” Krohe – The Board found that this Cass County

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

ILCS 5/21(p)(1) (2002)), and ordered respondents to pay a civil penalty of

$1,500.

5-0

 

 

Decisions

PCB 02-3 People of the State of Illinois v. Chevron Environmental Services Company (as

successor to Texaco Refining & Marketing, Inc.) – In this land and water

enforcement action concerning a Will 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) (2002)), accepted a stipulation and

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

$50,000 and to cease and desist from further violations.

 

5-0

L&W-E

PCB 04-100 People of the State of Illinois v. Marc Realty, Inc., 11 East Adams, L.LC., and

Roberts Environmental Control, Inc. – In this air 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)

(2002)), accepted a stipulation and settlement agreement as to Marc Realty, Inc.

and 11 East Adams, L.L.C. only, and ordered the respondents to pay a total civil

penalty of $55,000 and to cease and desist from further violations. The docket

remains open for further proceedings against the remaining respondent, Roberts

Environmental Control, Inc.

 

5-0

A-E

 

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Environmental Register – July 2004

15

 

PCB 04-140 People of the State of Illinois v. Whiteway Sanitation, Inc. – In this land

enforcement action concerning a Jersey 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) (2002)), accepted a stipulation and

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

$4,500 and to cease and desist from further violations.

 

5-0

L-E

 

PCB 04-142 People of the State of Illinois v. Village of Poplar Grove and R.H. Bateman &

Company, Inc. – In this public water supply enforcement action concerning a

Boone 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)

(2002)), accepted a stipulation and settlement agreement, and ordered the

respondents to pay a total civil penalty of $4,000 and to cease and desist from

further violations.

 

5-0

PWS-E

PCB 04-206 People of the State of Illinois v. Medical Waste Solutions, Inc. – In this land

enforcement action concerning a Lake 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) (2002)), accepted a stipulation and

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

$13,000 and to cease and desist from further violations.

 

5-0

L-E

 

PCB 04-211 People of the State of Illinois v. Clinton Landfill, Inc. – In this land enforcement

action concerning a DeWitt 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) (2002)), accepted a stipulation and settlement agreement,

and ordered the respondent to engage in a supplemental environmental project

involving disposal of waste to the value of $25,000, and to cease and desist from

further violations.

5-0

L-E

 

 

 

Motions and Other Matters

PCB 03-38 Morry Gabel, Myra Gabel, Don Foreman, Marsha Foreman, Keith Pinsoneault,

and Tracy Pinsoneault v. The Wealshire, Inc. – The Board granted complainants’

motion for voluntary dismissal of this enforcement action involving a Lake

County facility.

 

5-0

Citizens

N-E

 

PCB 03-124 Aqua Illinois, Inc. v. IEPA – In response to a joint motion, the Board granted

parties’ motion to dismiss the petition for administrative review with regard to

petitioner’s nitrate removal facility, wet well/storage basin for ion exchange

backwash, powdered activated carbon unit, two 2-stage upflow clarifiers, and six

rapid-rate gravity dual media filters, with leave to refile the application for tax

certification in the future with regard to those facilities. The Board certified that

the remaining specified facilities of Aqua Illinois, Inc. located in Vermilion

County are pollution control facilities for the purpose of preferential tax

treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).

5-0

T-C

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Environmental Register – July 2004

16

 

PCB 04-87 Knapp Oil Company v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this underground storage tank appeal involving a Massac

County facility.

 

5-0

UST Appeal

 

PCB 04-91 Thomeczek Oil Company v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this underground storage tank appeal involving a Madison

County facility.

 

5-0

UST Appeal

 

PCB 04-92 Sather Enterprises, Ltd. v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this underground storage tank appeal involving a DeWitt

County facility.

 

5-0

UST Appeal

 

PCB 04-99 Simpson Auto Service v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this underground storage tank appeal involving a Madison

County facility.

 

5-0

UST Appeal

 

PCB 04-143

PCB 04-145

Great Lakes Dredge & Dock Company v. IEPA – The Board granted petitioner’s

motion for voluntary dismissal of these underground storage tank appeals

involving a Cook County facility.

 

5-0

UST Appeal

 

PCB 04-148 Illiopolis Grain Company v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this underground storage tank appeal involving a

Sangamon County facility.

 

5-0

UST Appeal

 

PCB 04-174 Cooper Oil Company (May 1, 2003 to August 31, 2003) 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

Clay County facility.

 

5-0

UST Appeal

 

PCB 04-175 Cooper Oil Company (December 1, 1994 to November 30, 1999) 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 Clay County facility.

 

5-0

UST Appeal

 

PCB 04-179 Southern Farms Country Eggs, 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 Clinton County

facility.

 

5-0

UST Appeal

 

PCB 04-180 Larry Weineke 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 Massac County facility.

 

5-0

UST Appeal

 

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Environmental Register – July 2004

17

 

PCB 04-182 Strohm Oil Company 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 Crawford County facility.

 

5-0

UST Appeal

 

PCB 04-183 Johnson Oil Company v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Vermilion County facility.

 

5-0

UST Appeal

 

PCB 04-184 Pete’s Marathon (June 1, 2003 to August 31, 2003) 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 Marion County

facility.

 

5-0

UST Appeal

 

PCB 04-186 Waste Management of Illinois, Inc. v. County Board of Kankakee – The Board

denied Michael Watson’s and Merlin Karlock’s motions to intervene and

Watson’s motion to strike.

 

4-0

Novak

abstained

P-C-F-S-R

 

PCB 04-204 Daniel J. Beers v. Dave Calhoun (Let It Shine Car Wash) – The Board denied

respondent’s motion to dismiss, found that the alleged violations were neither

duplicative nor frivolous, and accepted this noise complaint involving a Tazewell

County facility for hearing.

 

5-0

Citizens N-E

 

PCB 04-213 The Village of Lombard, Illinois v. Bill’s Auto Center, Bill’s Standard Service

and William Kovar – The Board found that the alleged violations in count I and

III through V of the complaint were neither duplicative nor frivolous, dismissed

count II as frivolous, and accepted for hearing this matter involving a DuPage

County facility.

 

5-0

Citizens

UST-E

 

PCB 05-1 Batavia, Illinois Residents Opposed to Siting of Waste Transfer Station v.

Application of Onyx Waste Services Midwest, Inc. for Local Siting Approval for

a Solid Waste Transfer Station and City of Batavia, Illinois – The Board ordered

petitioner to file an amended petition curing deficiencies and accompanied by an

attorneys appearance, within 30 days, or this matter would be subject to

dismissal.

 

5-0

P-C-F-S-R

3d Party

PCB 05-4 Holland Energy, L.L.C.-Beecher City (Property Identification Numbers 0524-01-

00-100-004, 0825-16-00-100-004, 0825-16-00-300-002, 0825-16-00-300-003,

0825-16-00-200-002) v. IEPA – Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and certified that effluent

discharge facilities of Holland Energy, L.L.C. located in Shelby County are

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

Property Tax Code (35 ILCS 200/11-10 (2002)). No action was taken on the

negative recommendation for the river intake structure.

 

5-0

T-C

PCB 05-7 For C Pork Farm (Property Identification Number 14-F1-36-35-100-001) v.

5-0

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Environmental Register – July 2004

18

IEPA – Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of For C

Pork Farm located in Iroquois County are pollution control facilities for the

purpose of preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2002)).

T-C

 

 

New Cases

 

 

July 8, 2004 Board Meeting

04-223

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

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

04-224

People of the State of Illinois v. Heritage FS, Inc. – The Board accepted for hearing this water enforcement

action involving a site located in Kankakee County.

04-225

People of the State of Illinois v. Prairie Lane Development, L.L.C. – The Board accepted for hearing this

water enforcement action involving a site located in Boone County.

04-226

People of the State of Illinois v. P&J Super Auto Body Shop, Inc. and Julio Gallegos – The Board accepted

for hearing this land enforcement action involving a site located in Cook County.

04-227

People of the State of Illinois v. Rogers Development Company – The Board accepted for hearing this water

enforcement action involving a site located in Winnebago County.

AC 04-088

C City of Chicago Department of Environment v. Gene Evans – The Board accepted an administrative

citation against this Cook County respondent.

AC 04-089

IEPA v. Earl and Norma Martin – The Board accepted an administrative citation against these Knox

County respondents.

AC 04-090

IEPA v. Earl and Norma Martin – The Board accepted an administrative citation against these Knox

County respondents.

AC 04-091

IEPA v. Earl and Norma Martin – The Board accepted an administrative citation against these Knox

County respondents.

AC 05-001

IEPA v. Michael E. Boone – The Board accepted an administrative citation against this Mason County

respondent.

AC 05-002

IEPA v. Lester Smith - The Board accepted an administrative citation against this Massac County

respondent.

 

July 22, 2004 Board Meeting

05-001

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

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

05-002

People of the State of Illinois v. Heritage FS, Inc. – The Board accepted for hearing this water enforcement

action involving a site located in Kankakee County.

05-003

People of the State of Illinois v. Prairie Lane Development, L.L.C. – The Board accepted for hearing this

water enforcement action involving a site located in Boone County.

05-004

People of the State of Illinois v. P&J Super Auto Body Shop, Inc. and Julio Gallegos – The Board accepted

for hearing this land enforcement action involving a site located in Cook County.

05-005

People of the State of Illinois v. Rogers Development Company – The Board accepted for hearing this water

enforcement action involving a site located in Winnebago County.

---

Environmental Register – July 2004

19

05-006

People of the State of Illinois v. P&J Super Auto Body Shop, Inc. and Julio Gallegos – The Board accepted

for hearing this land enforcement action involving a site located in Cook County.

05-007

People of the State of Illinois v. Rogers Development Company – The Board accepted for hearing this water

enforcement action involving a site located in Winnebago County.

AC 05-003

City of Chicago Department of Environment v. Gene Evans – The Board accepted an administrative

citation against this Cook County respondent.

AC 05-004

City of Chicago Department of Environment v. Gene Evans – The Board accepted an administrative

citation against this Cook County respondent.

AC 05-005

City of Chicago Department of Environment v. Gene Evans

– The Board accepted an administrative

citation against this Cook County respondent.

AC 05-006

City of Chicago Department of Environment v. Gene Evans – The Board accepted an administrative

citation against this Cook County respondent.

AC 05-007

IEPA v. Michael E. Boone – The Board accepted an administrative citation against this Mason County

respondent.

AC 05-008

IEPA v. Lester Smith – The Board accepted an administrative citation against this Massac County

respondent.

 

 

Calendar

 

8/5/04

Control Board Meeting

Videoconference

Chicago/Springfield

James R. Thompson Center

100 W. Randolph Street

and

1021 N. Grand Avenue East

Oliver Holmes Conference Room 2012 N

Springfield

8/9/04

10:00AM

R04-22

R04-23

In the Matter of:

Proposed Amendments to Regulation of Petroleum

Leaking Underground Storage Tanks

(35 Ill. Adm. Code 732)

(Consolidated: R04-22 and R04-23)

Illinois Department of Natural Resources

Building at the Illinois State Fair Grounds

Lakeview A, B, and C

Springfield

8/12/04

1:00PM

R04-25

In the Matter of:

Proposed Amendments to Dissolved Oxygen

Standard

35 Ill. Adm. Code 302.206

Illinois Pollution Control Board Hearing

Room

1021 North Grand Avenue East

North Entrance

Springfield

8/19/04

Control Board Meeting

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph Street

Chicago

8/25/04

1:30PM

R04-21

In the Matter of:

Revisions to Radium Water Quality Standards:

Proposed New 35 Ill. Adm. Code 302.307 and

Amendments to 35 Ill. Adm. Code 302.207 and

302.525

Illinois Pollution Control Board Hearing

Room

1021 North Grand Avenue East

North Entrance

Springfield

---

Environmental Register – July 2004

20

8/27/04

AC 04-22

County of Vermilion, Illinois v. Village of Tilton

Vermillion County Courthouse Annex

Room 319

6 N. Vermillion Street

Danville

9/2/04

Control Board Meeting

Videoconference

Chicago/Springfield

James R. Thompson Center

100 W. Randolph Street

Chicago

and

1021 N. Grand Avenue East

9/16/04

Control Board Meeting

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph Street

Room 9-040

Chicago

 

 

---

Environmental Register – July 2004

21

Illinois Environmental Protection Agency

 

Division of Public Water Supplies

 

Restricted Status List -- Public Water Supplies

 

 

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

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

Protection Act.

 

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

violation of any of the following requirements: Finished water quality requirements of 35 Ill. Adm. Code, Part 604,

Subparts B and C; maintenance of adequate pressure on all parts of the distribution system under all conditions of

demand; meeting raw water quantity requirements of 35 Ill. Adm. Code 604.502; or maintenance of treatment

facilities capable of providing water "assuredly adequate in quantity" as required by Section 18 of the Illinois

Environmental Protection Act.

 

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

certain limited situations, or unless the supply has been granted a variance from the Illinois Pollution Control Board

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

 

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

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

determination. This list reflects the status as of July 1, 2004.

 

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

 

RDS:sp/0046g/2

 

NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY#

EPA

RGN

NATURE OF

PROBLEM

POP

SERVED

LISTIN

G

DATE

Acorn Acres Sbdv (Lake Co - 0975020) 2 Inadequate Pres Tank 250 12/16/83

Alternative Behavior Treatment Center (Lake Co - 0977189) 2 Inadequate Pres Tank 64 06/15/88

Arlington Rehab & Living Ctr (Lake Co – 0971110) 2 Inadequate Hydro Storage 180 12/01/03

Aurora Community Water Assn (Kane Co - 0895750) 2 Inadequate Pres Tank 150 12/16/88

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

Brimfield (Peoria Co - 1430150) 5 Adjusted Gross Alpha 933 10/15/02

Bryant (Fulton Co - 0570200) 5 Adjusted Gross Alpha 310 03/15/98

---

Environmental Register – July 2004

NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY#

EPA

RGN

NATURE OF

PROBLEM

POP

SERVED

LISTIN

G

DATE

 

22

 

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

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

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 Corp (Will Co - 1975640) 2 Inadequate

Pres Tank 135 03/15/96

Eastmoreland Wtr Assn (Will Co - 1975600)

2 Inadequate Pres Tank 753 03/20/81

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

Evansville (Randolph Co - 1570250) 6 Trihalomethane 850 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

---

Environmental Register – July 2004

NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY#

EPA

RGN

NATURE OF

PROBLEM

POP

SERVED

LISTIN

G

DATE

 

23

Fair Acres Sbdv (Will Co - 1975680)

2 Inadequate Pres Tank 185 10/19/81

Forest Lake Addn (Lake Co - 0975500) 2 Inadequate Pres Tank 180 12/16/83

Frwrd-Skyline Plant (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

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 25 12/15/98

Harbor Lites/Pistakee Fshg Cl (McHenry Co - 1110011) 2 Inadequate Pres Tank 100 03/14/01

Hardinville Water Company (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

Hopewell (Marshall Co - 1235150) 1 Adjusted Gross Alpha 805 03/14/01

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 Hills Wtr Supply Cp (Whiteside Co - 1955150) 1 Inadequate Pres Tank 146 03/20/81

---

Environmental Register – July 2004

NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY#

EPA

RGN

NATURE OF

PROBLEM

POP

SERVED

LISTIN

G

DATE

 

24

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 Apartments (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

Mapleton (Peoria Co - 1430500) 5 Adjusted Gross Alpha 350 03/15/98

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

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

---

Environmental Register – July 2004

NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY#

EPA

RGN

NATURE OF

PROBLEM

POP

SERVED

LISTIN

G

DATE

 

25

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 Oaks Ests Hmown Assn (Grundy Co - 0630060) 2 Adjusted Gross Alpha 96 10/15/02

Prairie Ridge Assn (McHenry Co - 1115730) 2 Inadequate Pres Tank 140 03/16/90

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

Robinson Palestine Wtr Cmsn (Crawford Co - 0335030) 4 Inadequate Plant Capacity 10,728 11/01/01

Santa Fe Ests (Peoria Co - 1435490) 5 Adjusted Gross Alpha 84 10/15/02

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

Silvis Heights (Rock Island Co – 1615750) 1 Inadequate Hydro Storage 1,500 12/01/03

Skyview Sbdv (Kankakee Co - 0915526) 2 Inadequate Pres Tank 65 09/14/84

South Wilmington (Grundy Co - 0630650) 2 Adjusted Gross Alpha 698 10/15/02

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

---

Environmental Register – July 2004

NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY#

EPA

RGN

NATURE OF

PROBLEM

POP

SERVED

LISTIN

G

DATE

 

26

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

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

 

Utl Inc Westlake Utilities Inc (Winnebago Co - 2010070) 1 Inadequate Source Capacity 25 11/01/01

 

Viola (Mercer Co - 1310450) 1 Adjusted Gross Alpha 950 10/15/02

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

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

Wonder Lake Wtr Cmpny (McHenry Co - 1115750) 2 Inadequate Pres Tank 1,161 06/16/94

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

Alpha (Henry Co - 0730050)

---

Environmental Register – July 2004

 

27

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 Ju1y, 2004.

 

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

   

RDS:sp/0046g/4

 

NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY#

EPA

RGN

NATURE OF

PROBLEM

POP

SERVED

LISTIN

G

DATE

 

Andalusia (Rock Island Co – 1610050) 1 Inadequate Pres Tank 1,050 12/01/03

Arenzville (Cass Co - 0170050) 5

Inadequate Pres Tank 492 03/14/01

* Beason Chestnut PWD (Logan Co – 1075150) 5 Inadequate Source & 600 06/15/04

Plant Capacity

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

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

Highland Hills Sndst (DuPage Co - 0435560) 2 Inadequate Pres Tank 1,100 09/17/92

---

Environmental Register – July 2004

NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY#

EPA

RGN

NATURE OF

PROBLEM

POP

SERVED

LISTIN

G

DATE

 

28

 

Joy (Mercer Co - 1310100) 1 Low System Pressure 495 06/15/99

LaMoille (Bureau Co - 0110500) 1 Inadequate Plant Capacity 750 06/15/99

Mahomet (Champaign Co - 0190450) 4 Inadequate Plant Capacity 4,877 10/15/02

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

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

 

  

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

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

Environmental Register Comment Card

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

---

 

 

The Illinois Pollution Control Board is an independent five-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

1021 N. Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274