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
R 05-8: Mercury Wastes
On October 19, 2004, the Illinois Environmental Protection Agency
(IEPA) filed a rulemaking proposal that would amend the Board’s standards
for universal waste management found at 35 Ill. Adm. Code 703, 720, 721,
724, 725, 728, and 733. Specifically, the proposed rule would designate as
universal waste mercury switches, mercury relays, and scientific instruments
and instructional equipment containing mercury added during their
manufacture.
Public Act 93-964, which became effective on August 20, 2004,
required IEPA to propose these rules within 60 days of that effective date.
The Board is now required to adopt the rules within 180 days after receipt of
the proposal. In order to meet that April 15, 2005 deadline, the Board has
already scheduled two hearings: on December 15th at 10:00 AM in
Thompson Center Room 8-033 in Chicago and on January 6th at 1:30 PM in the Training Room (1214 West) at
1021 N. Grand Avenue East in Springfield.
Electronic Filing
Our Clerk’s Office On-Line (COOL) functions as an electronic file and case management system. Located
on the Board’s Web site at www.ipcb.state.il.us, COOL provides 24-hour electronic access to case and docket
information. COOL is also designed to allow electronic filing of documents with the Clerk. The Board and its staff
have developed a voluntary pilot project to introduce the option of electronic filing, beginning with specific
categories of cases.
Several parties have already taken advantage of this option, including IEPA’s filing of R05-8 mentioned
above. The most obvious benefit of electronic filing is the environmental one: avoiding the expense and
inconvenience of copying, delivering, and ultimately recycling paper filings. In their October 29, 2004 issue, the
Chicago Daily Law Bulletin reported that the DuPage County courts have begun a similar project, and I’m pleased
that we’re keeping pace with these improvements. Please call our Clerk’s office at 312-814-3629 if you’d like to
look into our electronic filing pilot project.
Annual Report
The Board’s staff is now completing work on our 2004 Annual Report. As in the past, the report includes
a substantial amount of information on rulemakings, appellate court review of Board decisions, and environmental
legislation. When the 2004 Annual Report is published, it will be posted with all reports since 1971 on the Board’s
Web site at http://www.ipcb.state.il.us/Archive/dscgi/ds.py/View/Collection-499.
2004 Environmental Law Conference
On October 7-8, a number of legal and environmental entities including the Illinois Pollution Control
Board sponsored the annual Illinois Environmental Conference. This year’s meeting, entitled “Evolutions in
Environmental Law & Policy,” addressed a number of significant issues including amendments to the Illinois
Environmental Protection Act and recent state and federal court decisions. I was pleased to be the keynote speaker
and appreciated the opportunity to address issues such as the Board’s reorganization, rulemaking activity, and
caseload. Congratulations to all of the event’s sponsors and organizers for their roles in staging a successful event.
Sincerely,
J. Philip Novak
Chairman
Environmental Register – October 2004
1
Inside This Issue:
FEDERAL UPDATE
P. 1
APPELLATE UPDATE
P. 2
RULE UPDATE
P. 5
BOARD ACTIONS
P. 7
NEW CASES
P. 13
BOARD CALENDAR
P. 15
IEPA RESTRICTED STATUS LIST
P. 17
IEPA CRITICAL REVIEW LIST
P. 22
Federal Update
United States Environmental Protection Agency Publishes Notice of Proposed Administrative Settlement
Agreement Under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) for the former South Central Terminal Oil Refinery Site Near Pana, IL
On October 29, 2004 (69 Fed. Reg. 63150), the United States Environmental Protection Agency (USEPA)
published a notice of a proposed agreement pursuant to Section 122(h)(1) of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) for the South Central Terminal site near Pana, IL.
In accordance with section 122(i)(1) of CERCLA, the notification was given of a proposed administrative
settlement agreement regarding partial recovery of costs incurred by USEPA in implementing a removal action at
the site of the former South Central Terminal oil refinery and bulk storage facility near downstate Pana, Illinois.
USEPA proposed to enter into this agreement under the authority of sections 122(h) and 107 of CERCLA. The
proposed agreement has been executed by three historical owner/operators of the facility, Growmark, Inc.,
Rosewood Refining, L.L.C., and Bi-Petro, Inc. (Settling Parties).
Under the proposed agreement, the Settling Parties will pay a total of $625,000 to reimburse the Superfund for part
e removal action at the facility. USEPA will receive
written comments relating to the proposed agreement for thirty days following the date of publication of this notice,
through November 29, 2004. USEPA stated that it would consider all comments received and may decide not to
enter into the proposed agreement if comments disclose facts or considerations that indicate that the agreement is
inappropriate, improper or inadequate.
Comments on the proposed agreement must be received by USEPA on or before November 29, 2004. Comments
should be addressed to the Docket Clerk, U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604-3590, and should refer to: In the Matter of South Central Terminal, EPA
Docket No. V-W-'04-C-799.
For further information contact Reginald A. Pallesen, Associate Regional Counsel, by mail at: U.S. Environmental
Protection Agency, Office of Regional Counsel (C-14J), 77 West Jackson Boulevard, Chicago, Illinois 60604-3590,
or by phone at: (312) 886-0555. A copy of the proposed administrative settlement agreement may be obtained in
person or by mail from the USEPA's Region 5 Office of Regional Counsel, 77 West Jackson Boulevard, Chicago,
Illinois 60604-3590. Additional background information relating to the settlement is available for review at the
USEPA's Region 5 Office of Regional Counsel.
Environmental Register – October 2004
2
Appellate Update
Second District Affirms Board’s Affirmance of Siting Denial to Proposed Waste Transfer Station in Lowe
Transfer, Inc. and Marshall Lowe v. Pollution Control Board and County Board of McHenry County,
Illinois, No. 2-03-1181 (October 13, 2004) (PCB03-121)
In an October 13, 2004 final unpublished order under Supreme Court Rule 23 (155 Ill.2d R. 23), the Second District
Appellate Court affirmed the Board’s decision in a pollution control facility siting appeal captioned Lowe Transfer,
Inc. and Marshall Lowe v. Illinois Pollution Control Board and County Board of McHenry County, Illinois,
No. 2-
03-1181 (October 13, 2004). The case concerns a proposed waste transfer station in an unincorporated area of
McHenry County (County). The Board on October 2, 2003, affirmed the May 6, 2003 decision of the County to
deny siting approval for the proposed facility. Lowe Transfer, Inc. and Marshall Lowe v. Illinois Pollution Control
Board and County Board of McHenry County, Illinois, PCB 03-221 (October 2, 2003). In its non-precedential
order, the court affirmed Board holdings under Sections 39.2 and 40.1 of the Environmental Protection Act for local
approval of site location suitability approval for pollution control facilities. 415 ILCS 5/39.2 and 40.1 (2002).
THE BOARD’S DECISION
Lowe Transfer, Inc. and Marshall Lowe petitioned the Board for review of the County denial of their siting
application on June 5, 2003. They argued the following grounds for reversing the County's siting denial: (1) siting
was approved by operation of law under Section 40.1(a) of the Act because the Board failed to provide proper
notice of its hearing, and therefore failed to timely render a valid decision on the appeal; (2) the County erred in
deciding that the applicants failed to satisfy three siting criteria (two, three, and five) in Section 39.2(a) of the Act
(as well as the "unnumbered criterion" in Section 39.2(a) concerning the siting applicants' operating experience and
past record of convictions or admissions of violations); and (3) the County decision to impose a host fee as a siting
condition was improper.
In its October 2, 2003 opinion and order, the Board found that the Board’s Clerk had complied with the hearing
notice requirements and that those requirements were not jurisdictional; that the County's decisions on the three
contested siting criteria (and the "unnumbered criterion") were proper; and that the imposition of a host fee is not
appealable in the context of siting denial. The Board therefore affirmed the County's decision to deny siting of the
proposed waste transfer station.
THE SECOND DISTRICT’S DECISION
Before the appellate court, Lowe Transfer, Inc. and Marshall Lowe (petitioners) made two main arguments. First,
petitioners argued that the Board's hearing and order were void because the Board's hearing notice was defective
and therefore siting should be deemed approved by operation of law under Section 40.1(a). Second, petitioners
argued that the Board erred in finding that petitioners did not satisfy the three Section 39.2(a) siting criteria at issue,
and that the Board misapplied the "unnumbered criterion."
Section 40.1(a) Hearing Notice
For petitioners' first argument on appeal, the court looked to Section 40.1(a) of the Act, which provides that the
Board must "publish 21 day notice of the hearing on the appeal in a newspaper of general circulation published in
that county." Section 40.1(a) also states that "[i]f there is no final action by the Board within 120 days after the date
on which it received the petition, the petitioner may deem the site location approved." Petitioners argued that the
newspaper in which the Board published its notice of hearing did not satisfy Section 40.1(a) because it was not a
newspaper of "general circulation published" in McHenry County. Petitioners maintained that the Board hearing
was therefore invalid, and that the Board accordingly took no valid final action within the statutory 120-day
decision period, rendering the site location approved by operation of Section 40.1(a).
The court first noted that because petitioners did not raise this publication argument before the Board until after the
Board hearing and only 18 days before the Board's decision deadline, "there is a strong argument that petitioners'
publication argument should be deemed waived." Lowe Transfer, Inc. and Marshall Lowe v. Illinois Pollution
Environmental Register – October 2004
3
Control Board and County Board of McHenry County, Illinois,
No. 2-03-1181 (October 13, 2004), slip op at 3. The
court, however, agreed with the Board that regardless of the waiver issue, the publication argument fails because the
Section 40.1(a) notice provisions are not jurisdictional. The court did not rule on whether the Board's newspaper
notice strictly complied with the Act.
However, the court found that even if the notice did not strictly comply, petitioners suffered no prejudice because
the Board, as required, considered no new evidence and relied entirely on the County siting record, and the Board's
notice had no effect on the County's hearing or the County's substantive siting decision. The court held that
petitioners' publication argument could not be used to "contravene the basic purpose of the Act," which is to give
local authorities the power to decide pollution control facility siting.
Id.
, slip op at 4 (citing the 2d Dist. decision in
McHenry County Landfill v. EPA, 154 Ill. App. 3d 89, 96-97 (2d Dist. 1987)). The court concluded that because
the hearing notice provisions of Section 40.1(a) are not jurisdictional, the Board held a valid hearing and petitioners'
siting application could not be deemed approved by operation of law.
Id.
, slip op at 7.
Section 39.2(a) Siting Criteria
For petitioners' second argument on appeal, the court first correctly articulated the "double manifest weight"
standard of review. Noting the Board decided that the County's findings on siting criteria two, four and five were
not against the manifest weight of the evidence, the court then stated that it would reverse the Board only if the
Board's decision "was itself against the manifest weight of the evidence."
Id.
, slip op at 7-8. The court stated that
under that standard, it does not "re-weigh the evidence or substitute its judgment for that of the agency" and it
would overturn the Board "only if the opposite result is clearly evident, plain, or indisputable from a review of the
evidence."
Id.
, slip op at 8.
The court stated initially: "At the outset, we note that the record contains the PCB's thorough review of the
evidence regarding all three criteria. We agree with its ruling on all three criteria, and we find it unnecessary to
recapitulate all the evidence in this case. The PCB's dissertation of the evidence is more than sufficient."
Id.
, slip
op at 8.
On criterion two of Section 39.2(a) (facility designed, located, and proposed to be operated so as to protect the
public health, safety, and welfare), the court found that whether the criterion was met "is purely a matter of
assessing the credibility of expert witnesses."
Id.
, slip op at 9. The court noted that the County assessed the
credibility of both sides' expert witnesses, along with all the other evidence, and that there was ample evidence to
support a finding that criterion two was met, and that it was not met. The court concluded that it could not hold that
either the County's finding or the Board's finding was against the manifest weight of the evidence.
On criterion three of Section 39.2(a) (facility located so as to minimize incompatibility with the character of the
surrounding area and minimize the effect on surrounding property value), the court affirmed the Board and County,
after noting again that both sides had expert witnesses and that there was ample evidence to support a finding either
way on this criterion. In response to petitioners' arguments that they demonstrated "extraordinary design and
operational measures to minimize the impact," the court found that even if petitioners' facility was "designed" to
minimize impact, it still would not necessarily be "located" to minimize impact, as the "plain statutory language" of
the criterion requires.
Id.
, slip op at 11.
On criterion five of Section 39.2(a) (plan of operations is designed to minimize danger to the surrounding area from
fire, spills, or other operational accidents), the court noted that some of the evidence favored petitioners, but also
that expert witnesses for the opponents testified that petitioners' plan was inadequate regarding fire, spills, and
hazardous waste. The court again found that there was ample evidence to support a conclusion that the criterion
was met, and that it was not met. The court accordingly held that "the County's (and the PCB's) finding that the
fifth criterion was not satisfied was not against the manifest weight of the evidence."
Id.
, slip op at 12.
Lastly, the court looked to the "unnumbered criterion" of Section 39.2(a), which provides that the county board:
may also consider as evidence the previous operating experience and past record of convictions or
admissions of violations of the applicant in the field of waste management when considering criteria (ii)
and (v).
Environmental Register – October 2004
4
Petitioners argued that consideration of the unnumbered criterion should be limited to past violations, but the court
agreed with the Board, stating that "as the PCB stated in its opinion, the fact that petitioners had no experience in
operating the type of facility they proposed would certainly bear on a fact finder's decision as to whether the
proposed facility would cause harm to the area."
Id.
, slip op at 12. In affirming the Board, the court concluded that
even if it were to find against the Board on criteria two and five, it would still affirm the Board because "[a]ll the
statutory criteria must be satisfied in order for a site application to be approved" and "petitioners would still have
failed under criterion three."
Id.
, slip op at 13-14.
Second District Agrees to Publish Additional Portion of Its Decision in State Oil Co.
et al.
v. People of the
State of Illinois
et al.
; Abraham
et al.
v. Pollution Control Board
et al.
, Nos.2-03-0463 and 2-03-0493 (cons.)
(September 30, 2004) (PCB 97-103)
In a September 30, 2004 order, the Second District Appellate Court granted the motion of the Board and
complainant for publication of an additional portion of the court’s decision, originally issued on August 18, 2004.
The August 18 decision was previously reported in these pages in detail, see
Environmental Register
No. 602
(August, 2004) at pp.2-5, and that lengthy discussion will not be repeated here.
In summary, the Second District Appellate Court affirmed the Board in the leaking underground storage tank
enforcement case State Oil Co.
et al.
v. People of the State of Illinois
et al
.; Abraham
et al.
v. Pollution Control
Board
et al.
, Nos.2-03-0463 and 2-03-0493 (cons.) (August 18, 2004) (hereinafter “State Oil (2d Dist.)”). The
Board had ordered respondents to remediate the site, to reimburse the State for substantial clean-up costs, to pay
civil penalties in its case entitled People of the State of Illinois v. State Oil Company, William Anest f/d/b/a S & S
Petroleum Products, Peter Anest f/d/b/a S & S Petroleum Products, Charles Abraham, Josephine Abraham, and
Millstream Service, Inc.; Charles Abraham, Josephine Abraham, and Millstream Service, Inc. v. State Oil Company,
William Anest f/d/b/a S & S Petroleum Products, Peter Anest f/d/b/a S & S Petroleum Products., PCB 97-103
(March 20, 2003) (hereinafter “People v. State Oil”).
The court originally authorized publication of only one portion of its August 28-page decision. The portion to be
published, which may be cited as precedent, affirms the important Board holding regarding the applicability of
proportionate share liability under Title XVII of the Environmental Protection Act (Act), 415 ILCS 5/100
et seq.
See
State Oil (2d Dist.)(slip op. at 1-7, 28). The balance of the decision (pages 8-27), which affirmed the
remediation order and penalties assessed against various respondents, was "nonpublishable" under Supreme Court
Rule 23 (155 Ill.2d R. 23) and therefore was not precedential.
Id.
, slip op. at 8-27).
In its September 30, 2004 order, the court agreed to publish another segment of the decision concerning liability of
owners and operators under Section 57.12 of the Act.
Section 57.12(a) of the Act provides that:
the owner or operator, or both, of an underground storage tank shall be
liable for all costs of investigation, preventive action, corrective action
and enforcement action incurred by the State of Illinois resulting from
an underground storage tank.
The court affirmed the Board's reading of Section 57.12(a) that the provision applied not only to the current UST
owner or operator, but also to a former owner or operator:
[A] statute must not be construed so that it produces an absurd result . .
. . Allowing an owner to escape liability by simply selling a property
would, in our estimation, be absurd . . . . In short, State Oil was the
owner when the problem began. That the problem continued beyond
its ownership of the property does not absolve it from responsibility.
State Oil (2d Dist.), slip op. at 18.
Environmental Register – October 2004
5
After reviewing several provisions of the Act, the court broadly concluded that the Act properly applied
retroactively, since "it is clear that the legislature intended the Act to address ongoing problems, which, by
definition existed at the time that the Act was enacted." State Oil (2d Dist.), slip op. at 19.
Rule Update
Board Adopts Proposal for Public Comment in SDWA Update, USEPA Amendments (January 1, 2004
though June 30, 2004) (R05-06)
On October 7, 2004, the Board adopted a proposal for public comment in SDWA Update, USEPA Amendments
(January 1, 2004 through June 30, 2004) (R05-06). The rulemaking proposes amendments to the Illinois
regulations that are “identical in substance” to drinking water regulations adopted by the United States
Environmental Protection Agency (USEPA). The USEPA rules implement Sections 1412(b), 1414(c), 1417(a), and
1445(a) of the federal Safe Drinking Water Act (SDWA) (42 U.S.C. §§ 300g-1(a), 300g-3(c), 300g-6(a), and 300j-
4(a) (1994).
This docket includes federal SDWA amendments that USEPA adopted in the period January 1, 2004 through June
30, 2004. The rulemaking proposal was sent to the Secretary of State and published in the October 29, 2004 issue
of the
Illinois Register
at 28 Ill. Reg. 13954. The Board will accept public comments for 45 days after publication,
through December 13, 2004.
The federal amendments that the Board acted on in this proposal approve one new analytical method for analysis of
total coliforms and
E. coli
and three new methods for analysis of uranium in drinking water. Another amendment
makes a number of minor corrections to various federal rules, including the Long Term 1 Enhanced Surface Water
Treatment Rule, the Surface Water Treatment Rule, and the Lead and Copper Rule.
Method for Analysis of Total Coliforms and
E. coli
On February 13, 2004 (69 Fed. Reg. 7156), USEPA approved use of the Colitag
®
method for monitoring
compliance with the total coliforms and
E. coli
standards for drinking water. The Colitag
®
method is a proprietary
method available for purchase from CPI International, Inc. The USEPA action includes the Colitag method among
the reference and proprietary methods already approved and available for demonstrating compliance with the total
coliform and
E. coli
standards.
The Board incorporated the February 13, 2004 federal amendments without deviation from the substance of the
federal amendments. Anyone interested in the substantive aspects of the federal addition of the new method should
refer to the February 13, 2004 issue of the
Federal Register
for further information.
Methods for Analysis of Uranium
On June 2, 2004 (69 Fed. Reg. 31008), USEPA adopted a direct final rule approving three newly approved
analytical methods for monitoring compliance with the uranium standard for drinking water. The methods were
inductively coupled plasma-mass spectrometric methods in three sources: the 20th edition of “Standard Methods
for the Examination of Water and Wastes,” Method 3125; ASTM Method D5673-03; and Method 200.8 in
“Methods for the Determination of Metals in Environmental Samples.”
On August 25, 2004 (at 69 Fed. Reg. 52181), USEPA withdrew the June 2, 2004 direct final rule in response to a
“somewhat ambiguous comment letter.” 69 Fed. Reg. at 52181. In a separate notice of final rule, USEPA
simultaneously addressed the comment letter and adopted amendments substantively identical to those withdrawn.
69 Fed. Reg. 52176 (Aug. 25, 2004). The effective date is the only difference between the withdrawn rule of June
2, 2004 and that adopted on August 25, 2004. The withdrawn rule would have become effective on August 31,
2004, and the August 25, 2004 rule became effective on the date of publication.
The Board incorporated the August 25, 2004 federal amendments without substantive deviation. References to the
three newly approved methods for analysis of uranium were added to Section 611.720(a)(5). The only differences
between the Illinois amendments and the underlying federal amendments are stylistic. The primary differences
Environmental Register – October 2004
6
relate to differences in the format of the respective rules: the federal rules appear in tabular form, and the
corresponding Illinois rules appear in the standard paragraph format. Anyone interested in the substantive aspects
of the federal addition of the new method should refer to the August 25, 2004 issue of the
Federal Register
for
further information.
The Board specifically requests comment on incorporation of the uranium methods into the Illinois regulations to
incorporate the USEPA amendments of August 25, 2004.
Miscellaneous Corrections
On June 29, 2004 (69 Fed. Reg. 38850), USEPA adopted a series of corrections to its rules. USEPA described the
corrections as clarifying typographic errors, inadvertent omissions, editorial errors, and outdated language in
various rules. The rules affected included the following:
1. The Surface Water Treatment Rule (SWTR), adopted by USEPA on June 29, 1989 (54 Fed. Reg. 27486),
(correcting cross-references);
2. The Lead and Copper Rule (LCR), adopted by USEPA on June 7, 1991 (at 56 Fed. Reg. 26460) and
corrected on January 12, 2000 (at 65 Fed. Reg. 1950), (correcting the list of facilities that must receive
public education brochures in the event of an exceedence of the action level);
3. The Phase V Rule, adopted by USEPA on July 17, 1992 (at 57 Fed. Reg. 31776), (clarifying a Best
Available Technology for removal of cyanide from water);
4. Bottled Water Requirements (changing the reference to bottled requirements to reflect their movement by
the Food and Drug Administration (FDA) from 20 C.F.R. 103.35 to 21 C.F.R. 165.110 on November 13,
1995 (at 60 Fed. Reg. 57076));
5. The Information Collection Rule (ICR), adopted by USEPA on May 14, 1996 (at 61 Fed. Reg. 24345),
(removing obsolete references to data collected under rules that expired on December 31, 2000);
6. The Stage 1 Disinfectants and Disinfection Byproducts Rule (Stage 1 D-DBPR), adopted by USEPA on
December 16, 1998 (at 63 Fed. Reg. 69390), (adding compliance with the maximum residual disinfectant
level (MRDL) to the compliance requirements; correcting a cross-reference);
7. The Radionuclides Rule, adopted by USEPA on December 7, 2000 (at 65 Fed. Reg. 76708), (adding a
detection limit for uranium; correcting typographic errors; clarifying screening levels);
8. The Filter Backwash Recycling Rule (FBWR), adopted by USEPA on June 8, 2001 (at 66 Fed. Reg.
31086), (correcting cross-references; clarifying the public notice requirements); and
9. The Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR), adopted by USEPA on January
14, 2002 (67 Fed. Reg. 1812), (changing the compliance date from January 14, 2005 to January 1, 2005;
adding clarification that the states may approve more representative data sets to avoid disinfection profile
monitoring; correcting typographic errors, omissions, and cross-references).
The Board incorporated the June 29, 2004 federal amendments without substantive deviation. It was not necessary,
however, to make a small number of the federal corrections because the Board made the corrections when
incorporating the original federal rules into the Illinois rules. The federal actions that the Board has acted on in
R04-03 were the FBWR amendments and the clarification amendments of the LT1ESWTR.
Copies of the Board’s opinion and order in R05-06 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.
Environmental Register – October 2004
7
Board Actions
October 7, 2004
Chicago, Illinois
Rulemakings
R05-6 In the Matter of: SDWA Update, USEPA Amendments (January 1, 2004
through June 30, 2004, August 25, 2004) – The Board adopted a proposal for
public comment in this “identical-in-substance” rulemaking to amend the
Board’s public water supply regulations.
4-0
R, PWS
Adjusted Standards
AS 04-2 In the Matter of: Petition of Jo’Lyn Corporation and Falcon Waste and
Recycling for an Adjusted Standard from 35 Ill. Adm. Code Part 807 or in the
Alternative A Finding of Inapplicability – The Board accepted petitioners’
amended petition for hearing and denied petitioner’s motion for expedited
decision.
4-0
Land
Administrative Citations
AC 04-41 IEPA v. Cheryl Clayton – 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) of the
Environmental Protection 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.
4-0
AC 05-14 City of Chicago Department of Environment v. Bovis Lend Lease, Inc. – The
Board found that this Cook County respondent violated Sections 21(p)(1) and
(p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(7) (2002)),
and ordered respondent to pay a civil penalty of $3,000.
4-0
AC 05-15 IEPA v. C. John Blickhan – The Board accepted for hearing this petition for
review of an administrative citation against this Adams County respondent.
4-0
AC 05-16 IEPA v. Richard Groff – The Board found that this Cook County respondent
violated Sections 21(p)(1), (p)(3), (p)(5), and (p)(7) of the Environmental
Protection Act (415 ILCS 5/21(p)(1), (p)(3), (p)(5), and (p)(7) (2002)), and
ordered respondent to pay a civil penalty of $6,000.
4-0
AC 05-18 IEPA v. William Shrum – The Board accepted for hearing this petition for
review of an administrative citation against this Perry County respondent.
4-0
AC 05-19 IEPA v. David and Shelby Hill and N.E. Finch Co. – The Board accepted for
hearing respondents David & Shelby Hill’s and N.E. Finch Co.’s petitions for
review of an administrative citation against these Filton County respondents.
4-0
Environmental Register – October 2004
8
AC 05-20 IEPA v. John Groff and Robert Groff – The Board accepted for hearing
respondent John Groff’s petition for review of an administrative citation against
this Marion County respondent.
4-0
Decisions
PCB 01-7 People of the State of Illinois v. QC Finishers, 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,
and ordered the respondent to pay a total civil penalty of $149,000 and to cease
and desist from further violations.
4-0
A-E
PCB 02-115 People of the State of Illinois v. Blue Ridge Construction Corporation – The
Board found that respondent violated Section 9(a), 9.1(d)(1), 12(d), 21(a), (e),
(p)(1), and (p)(2) of the Environmental Protection Act (415 ILCS 5/9(a),
9.1(d)(1), 12(d), 21(a), (e), (p)(1), (p)(2) (2000)); Section 201.141 of the Board’s
regulations (35 Ill. Adm. Code 201.141); and 40 C.F.R. 61.145(a), 40 C.F.R.
145(c)(1), 40 C.F.R. 145(c)(6), 40 C.F.R. 145 (c)(8), 40 C.F.R. 61.145(b)(1),
and 40 C.F.R. 61.150(a)(1). This order also incorporates the Board’s August 7,
2003 decision, which found that respondent had violated Sections 9(a), 9.1(d)(1),
12(d), 21(a), (e), (p)(1), and (p)(2) of the Act; Section 201.141 of the Board’s
regulations; and 40 C.F.R. 61.145(a) and 40 C.F.R. 61.145(b)(1). Respondent
was ordered to pay a total civil penalty of $66,000 and to cease and desist from
further violations.
4-0
A&W-E
PCB 05-26 People of the State of Illinois v. CFM U.S. Corporation f/k/a The Vermont
Castings Majestic Products Company – 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, and ordered the
respondent to pay a total civil penalty of $46,000 and to cease and desist from
further violations.
4-0
A-E
Motions and Other Matters
PCB 97-119 People of the State of Illinois v. G & M Total, Inc. and George Papas,
individually and as President of G & M Total, Inc. – In this land enforcement
action concerning a Lake County facility, the Board found that respondents
violated 35 Ill. Adm. Code 731.160, 731.162, and 731.163, ordering the
respondents to pay a total civil penalty of $15,000 and to cease and desist from
further violations.
4-0
L-E
PCB 03-75 Clinton County Oil Company, Inc. v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank appeal involving
a Madison County facility.
4-0
UST Appeal
PCB 03-107 Willaredt Oil Company v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal involving a Macon
County facility.
4-0
UST Appeal
Environmental Register – October 2004
9
PCB 03-121 Freedom Oil Company v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal involving a
Sangamon County facility.
4-0
UST Appeal
PCB 03-122 Chronister Oil Company d/b/a Quik-N-EZ v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground storage tank
appeal involving a Christian County facility.
4-0
UST Appeal
PCB 03-214 Illinois Ayers Oil Company v. IEPA – The Board denied respondent’s motion for
reconsideration of the August 5, 2004 Board Order.
4-0
UST Appeal
PCB 04-75 Mate Technologies, Inc. v. F.I.C. America Corporation – The Board granted
complainant’s motion for voluntary dismissal of this citizen land enforcement
action involving a Sangamon County facility.
4-0
L-E
PCB 04-79 Bonita Saxbury and Richard Saxbury v. Archer Daniels Midland Company – The
Board reserved ruling on the joint motion for site visit until after the record has
been fully developed at hearing.
4-0
N-E
PCB 04-106 People of the State of Illinois v. Thomas Gray an individual, Steve Whyte an
individual, Gladys Whyte an individual, Leona Childress an individual, and
William McCoy an individual – The Board denied complainant’s motion for
summary judgment as to respondents Thomas Gray, Gladys Gray, and Steve
Whyte.
4-0
L-E
PCB 04-113
Ethyl Petroleum Additives, Inc. v. IEPA – The Board granted petitioner’s motion
to amend caption, which in the future will be “Afton Chemical Corp. v. IEPA.”
4-0
P-A, Air
PCB 04-157 Joe’s Mobil v. IEPA – The Board granted petitioner’s motion for voluntary
dismissal of this underground storage tank appeal involving a Montgomery
County facility.
4-0
UST Appeal
PCB 04-198 Glen’s 66 v. IEPA – The Board granted petitioner’s motion for voluntary
dismissal of this underground storage tank appeal involving a Montgomery
County facility.
4-0
UST Appeal
PCB 04-223 SG Supply 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 Cook County facility.
4-0
UST Appeal
PCB 04-227 People of the State of Illinois v. Rogers Development Company – Upon receipt
of a proposed stipulation and settlement agreement and an agreed motion to
request relief from the hearing requirement in this water enforcement action
involving a Winnebago County facility, the Board ordered publication of the
required newspaper notice.
4-0
W-E
Environmental Register – October 2004
10
PCB 05-1
Janis Rosauer and Batavia Illinois Residents Opposed to Siting of Waste
Transfer Station v. City of Batavia and Onyx Waste Services Midwest, Inc. –
The Board granted summary judgment to respondent Onyx Waste Services
Midwest, Inc. (Onyx), finding that the third-party petitioners lack standing to
appeal the City of Batavia’s decision granting siting approval to Onyx for a
waste transfer station. The Board denied as moot Onyx’s alternative motion to
reconsider the Board’s July 22, 2004 order.
4-0
P-C-F-S-R
3
rd
Party
PCB 05-52 People of the State of Illinois v. Safe Lock Self Storage, Inc. – The Board
accepted for hearing this water enforcement action involving a site located in St.
Clair County.
4-0
W-E
PCB 05-53 People of the State of Illinois v. Clean Harbors Environmental Services, Inc. –
The Board accepted for hearing this land enforcement action involving a site
located in Madison County.
4-0
L-E
PCB 05-54 Rock Road Companies, Inc. v. IEPA – The Board accepted for hearing this
permit appeal involving a Winnebago County facility.
4-0
P-A, Air
PCB 05-55 Village of Lake Barrington, Cuba Township, Prairie Rivers Network, Sierra
Club, Beth Wentzel, and Cynthia Skrukrud v. IEPA and Village of Wauconda –
The Board accepted for hearing this third-party permit appeal involving a Lake
County facility and on its own motion consolidated this matter with PCB 05-58
and PCB 05-59.
4-0
P-A, NPDES
3
rd
Party
PCB 05-56 People of the State of Illinois v. Omron Automotive Electronics, Inc. – The
Board accepted for hearing this air enforcement action involving a site located in
Kane County.
4-0
A-E
PCB 05-57 Wayne Swanson & Dennis Swanson 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 Kane County facility.
4-0
UST Appeal
90-Day Ext.
PCB 05-58 Slocum Lake Drainage District of Lake County, Illinois v. IEPA and Village of
Wauconda, Illinois – The Board accepted for hearing this third-party permit
appeal involving a Lake County facility and on its own motion consolidated this
matter with PCB 05-55 and PCB 05-59.
4-0
P-A, NPDES
3
rd
Party
PCB 05-59 Al Phillips, Vern Meyer, Gayle DeMarco, Gabrielle Meyer, Lisa O’Dell, Joan
Leslie, Michael Davey, Nancy Dobner, Mike olito, Williams Park Improvement
Association, Mat Schlueter, Mylith Park Lot Owners Association, Donald Krebs,
Don Berkshire, Judy Brumme, Twin Pond Farms Homeowners Association, Julia
Tudor, and Christine Deviney v. IEPA and Village of Wauconda – The Board
accepted for hearing this third-party permit appeal involving a Lake County
4-0
P-A, NPDES
3
rd
Party
Environmental Register – October 2004
11
facility and on its own motion consolidated this matter with PCB 05-55 and PCB
05-58.
PCB 05-60 People of the State of Illinois v. Youssi Real Estate and Development, Inc. – The
Board accepted for hearing this water enforcement action involving a site located
in Boone County.
4-0
W-E
PCB 05-61 Harold Hart 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
Madison County facility.
4-0
UST Appeal
90-Day
Ext.
PCB 05-62 Keller Oil Company (Moweaqua) v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Shelby County facility.
4-0
UST Appeal
PCB 05-63 People of the State of Illinois v. North Rockwell, L.L.C. – The Board accepted
for hearing this air enforcement action involving a site located in Cook County.
4-0
A-E
October 21, 2004
Chicago, Illinois
Administrative Citations
AC 04-32 IEPA v. Rosemary Pehm – 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)(3) of the
Environmental Protection Act (Act) (415 ILCS 5/21(p)(3) (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
violations of Sections (p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1) and
(p)(7) (2002)).
5-0
AC 05-20 IEPA v. John Groff and Robert Groff – The Board granted complainant’s motion
to dismiss the administrative citation against Robert Groff only.
5-0
AC 05-23 IEPA v. Phillip Hamann – The Board found that this Mason County respondent
violated Section 21(p)(1) of the Environmental Protection Act (415 ILCS
5/21(p)(1) (2002)), and ordered respondent to pay a civil penalty of $1,500.
5-0
AC 05-28 County of Vermilion, Illinois v. Bill Wergnigk – The Board accepted for hearing
this petition for review of an administrative citation against this Vermilion
County respondent.
5-0
Decisions
PCB 96-10 Vogue Tyre & Rubber Company v. IEPA – The Board affirmed the Illinois 5-0
Environmental Register – October 2004
12
Environmental Protection Agency’s (IEPA) decision that the Vogue Tyre &
Rubber Company site at 1401 Golf Road, Skokie, Cook County is not subject to
35 Ill. Adm. Code 731 and 732. Further, the Board affirmed the IEPA’s denial
of a 20-day report, a 45-day report, a site classification report and corrective
action plan submitted for the site.
UST Appeal
PCB 04-15 People of the State of Illinois v. Atkinson Grain & Fertilizer, Inc. – In this water
enforcement action concerning a Henry County facility, the Board granted relief
from the hearing requirement of Section 31(c)(1) of the Environmental
Protection Act (415 ILCS 5/31(c)(1) (2002)), accepted a stipulation and
settlement agreement, and ordered the respondent to pay a total civil penalty of
$20,000 and to cease and desist from further violations.
5-0
W-E
PCB 04-164 People of the State of Illinois v. The Fields of Long Grove Homeowner’s
Association – In this water 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 $3,000 and to cease and desist from further violations.
5-0
PWS-E
Motions and Other Matters
PCB 96-98 People of the State of Illinois v. Skokie Valley Asphalt, Co., Inc., Edwin L.
Frederick, Jr. individually and as owner and President of Skokie Valley Asphalt
Co., Inc., and Richard J. Frederick individually and as owner and Vice President
of Skokie Valley Asphalt, Co, Inc. – The Board granted in part respondents’
motion to stay and/or extend time to respond to complainant’s petition for
attorney fees and cost. The Board stayed the time for payment of the $153,000
in penalties ordered in the Board’s September 2, 2004 order, pending resolution
of respondents’ appeal in Skokie Valley et al. v. Illinois Pollution Control Board,
et al
., No. 04-0977. But the Board denied the additional relief requested by
respondents.
5-0
W-E
PCB 99-120 People of the State of Illinois v. Wood River Refining Company – The Board
granted respondent’s motion to modify the September 16, 2004 Board Order.
5-0
A-E
PCB 00-163 David and Jacquelyn McDonough v. Gary Robke – The Board denied
complainants’ motion to apply sanctions, and ended stay of the remedy portion
(paragraph 3) of the Board’s order of February 6, 2003.
5-0
Citizens
N-E
PCB 05-9 People of the State of Illinois v. Danny Wiegel d/b/a Wiegel’s Tree Service –
The Board granted complainant’s motion for voluntary dismissal of this air
enforcement action involving a Marion County facility.
5-0
A-E
PCB 05-27 Heritage FS, Inc. (Property Identification #06-10-06-400-005) v. IEPA –The
Board did not receive any petition for review of the Agency’s recommendation to
deny certification. Consistent with the Agency’s recommendation, the Board
declined to certify a portion of Heritage FS, Inc.’s building over the
minibulk/package agrichemical secondary containment structure as a pollution
5-0
T-C
Environmental Register – October 2004
13
control facility and dismissed this matter.
PCB 05-64 People of the State of Illinois v. Auto Recyclers – C&D Enterprises, Inc. – The
Board accepted for hearing this land enforcement action involving a site located
in Sangamon County.
5-0
L-E
PCB 05-65 Russ Taylor 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 Champaign
County facility.
5-0
UST Appeal
90-Day
Ext.
PCB 05-66 People of the State of Illinois v. Petco Petroleum Corporation – The Board
accepted for hearing this land enforcement action involving a site located in
Fayette County.
5-0
W-E
PCB 05-68 Illinois State Toll Highway Authority (Lake Forest East CAP/B) 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 Lake County facility.
5-0
UST Appeal
90-Day
Ext.
PCB 05-69 Illinois State Toll Highway Authority (Lake Forest West CACR) 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 Lake County facility.
5-0
UST Appeal
90-Day Ext.
PCB 05-70 Illinois State Toll Highway Authority (Lake Forest West CAP/B) 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 Lake County facility.
5-0
UST Appeal
90-Day Ext.
PCB 05-71 Illinois State Toll Highway Authority (Lake Forest East CACR) 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 Lake County facility.
5-0
UST Appeal
90-Day
Ext.
New Cases
October 7, 2004 Board Meeting
05-052
People of the State of Illinois v. Safe Lock Self Storage, Inc. – The Board accepted for hearing this water
enforcement action involving a site located in St. Clair County.
05-053
People of the State of Illinois v. Clean Harbors Environmental Services, Inc. – The Board accepted for
hearing this land enforcement action involving a site located in Madison County.
Environmental Register – October 2004
14
05-054
Rock Road Companies, Inc. v. IEPA – The Board accepted for hearing this permit appeal involving a
Winnebago County facility.
05-055
Village of Lake Barrington, Cuba Township, Prairie Rivers Network, Sierra Club, Beth Wentzel, and
Cynthia Skrukrud v. IEPA and Village of Wauconda – The Board accepted for hearing this third-party permit
appeal involving a Lake County facility and on its own motion consolidated this matter with PCB 05-58 and PCB
05-59.
05-056
People of the State of Illinois v. Omron Automotive Electronics, Inc. – The Board accepted for hearing this
air enforcement action involving a site located in Kane County.
05-057
Wayne Swanson & Dennis Swanson 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 Kane County facility.
05-058
Slocum Lake Drainage District of Lake County, Illinois v. IEPA and Village of Wauconda, Illinois – The
Board accepted for hearing this third-party permit appeal involving a Lake County facility and on its own motion
consolidated this matter with PCB 05-55 and PCB 05-59.
05-059
Al Phillips, Vern Meyer, Gayle DeMarco, Gabrielle Meyer, Lisa O’Dell, Joan Leslie, Michael Davey,
Nancy Dobner, Mike olito, Williams Park Improvement Association, Mat Schlueter, Mylith Park Lot Owners
Association, Donald Krebs, Don Berkshire, Judy Brumme, Twin Pond Farms Homeowners Association, Julia
Tudor, and Christine Deviney v. IEPA and Village of Wauconda – The Board accepted for hearing this third-party
permit appeal involving a Lake County facility and on its own motion consolidated this matter with PCB 05-55 and
PCB 05-58.
05-060
People of the State of Illinois v. Youssi Real Estate and Development, Inc. – The Board accepted for hearing
this water enforcement action involving a site located in Boone County.
05-061
Harold Hart 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 Madison County facility.
05-062
Keller Oil Company (Moweaqua) v. IEPA – The Board accepted for hearing this underground storage tank
appeal involving a Shelby County facility.
05-063
People of the State of Illinois v. North Rockwell, L.L.C. – The Board accepted for hearing this air
enforcement action involving a site located in Cook County.
AC 05-026
County of Montgomery v. Michael Schwab – The Board accepted an administrative citation against this
Montgomery County respondent.
AC 05-027
IEPA v. Lee County Landfill SC, L.L.C. and Dave Geier – The Board accepted for hearing this petition
for review of an administrative citation against these Lee County respondents.
AC 05-028
County of Vermilion, Illinois v. Bill Wernigk – The Board accepted an administrative citation against
this Vermilion County respondent.
AC 05-029
IEPA v. Charles L. Riggins – The Board accepted an administrative citation against this Mason County
respondent.
October 21, 2004 Board Meeting
05-064
People of the State of Illinois v. Auto Recyclers – C&D Enterprises, Inc. – The Board accepted for hearing
this land enforcement action involving a site located in Sangamon County.
05-065
Russ Taylor 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 Champaign County facility.
05-066
People of the State of Illinois v. Petco Petroleum Corporation
– The Board accepted for hearing this land
enforcement action involving a site located in Fayette County.
05-067
John F. Nocita v. Application of Greenwood Transfer, L.L.C. for Transfer Station Local Siting Approval in
Village of Maywood, Illinois – The Board held for a later duplicative/frivolous determination this third party
pollution control facility siting review involving a Cook County facility.
Environmental Register – October 2004
15
05-068
Illinois State Toll Highway Authority (Lake Forest East CAP/B) 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 Lake County facility.
05-069
Illinois State Toll Highway Authority (Lake Forest West CACR) 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 Lake County facility.
05-070
Illinois State Toll Highway Authority (Lake Forest West CAP/B) 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 Lake County facility.
05-071
Illinois State Toll Highway Authority (Lake Forest East CACR) 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 Lake County facility.
AC 05-030
IEPA v. Doug and Theresa Christison – The Board accepted an administrative citation against these
Pike County respondents.
AC 05-031
IEPA v. Guiffre II, L.L.C. – The Board accepted an administrative citation against this Winnebago
County respondent.
AS 05-001
In the Matter of: Petition of SCA Tissue North America, L.L.C. for an Adjusted Standard from 35 Ill.
Adm. Code 218.301 and 218.302(c) – No action taken.
Calendar
11/1/04
11:00AM
AC 04-63
County of Jackson v. Egon Kamarasy
(Site Code 0778095036)(Consolidated:
AC 04-63 and 64)
Jackson County Health
Department
Front Building
415 Health Department Road
Murphysboro
11/1/04
11:00AM
AC 04-64
County of Jackson v. Egon Kamarasy
(Site Code 0778125013)(Consolidated:
AC 04-63 and 64)
Jackson County Health
Department
Front Building
415 Health Department Road
Murphysboro
11/4/04
Illinois Pollution Control Board Meeting
Videoconference
Chicago/Springfield
James R. Thompson Center
Hearing Room 11-512
100 W. Randolph Street
Chicago
And
1021 N. Grand Avenue East
Oliver Holmes Conference
Room 2012 N
Springfield
11/4/04
1:00PM
R03-9
In the Matter of: Proposed New and
Updated Rules for Measurement and
Numerical Sound Emissions Standards
Amendments to 35 Ill. Adm. Code 901
and 910
Mississippi Room
Bureau of Water
1021 N. Grand Avenue East
Springfield
11/9/04
12:00PM
AC 04-82
IEPA v. John Brown d/b/a John Brown
Painting
City Hall Council Chambers
106 W. 5th Street
Metropolis
11/15/04
9:00AM
PCB 03-51
People of the State of Illinois v. Draw
Drape Cleaners, Inc. an Illinois
corporation
James R. Thompson Center
Room 2-029
100 W. Randolph St.
Chicago
Environmental Register – October 2004
16
11/16/04
9:00AM
PCB 03-51
People of the State of Illinois v. Draw
Drape Cleaners, Inc. an Illinois
corporation
James R. Thompson Center
Room 2-029
100 W. Randolph St.
Chicago
11/18/04
Illinois Pollution Control Board Meeting
James R. Thompson Center
Hearing Room 9-040
100 W. Randolph Street
Chicago
11/22/04
11:00AM
AC 04-39 County of Jackson v. Edward Tow
Jackson County Health
Department
Front Building
415 Health Department Road
Murphysboro
11/22/04
11:00AM
AC 04-63
County of Jackson v. Egon Kamarasy
(Site Code 0778095036) (Consolidated:
AC 04-63 and AC 04-64)
Jackson County Health
Department
Front Building
415 Health Department Road
Murphysboro
11/22/04
11:00AM
AC 04-64
County of Jackson v. Egon Kamarasy
(Site Code 0778125013) (Consolidated:
AC 04-63 and AC 04-64)
Jackson County Health
Department
Front Building
415 Health Department Road
Murphysboro
12/2/04
Illinois Pollution Control Board Meeting
Videoconference
Chicago/Springfield
James R. Thompson Center
Hearing Room 11-512
100 W. Randolph Street
Chicago
And
1021 N. Grand Avenue East
Oliver Holmes Conference
Room 2012 N
Springfield
12/13/04
9:00AM
PCB 99-187
Gina Pattermann v. Boughton Trucking
and Materials, Inc.
Bolingbrook Village Hall
Boardroom
375 West Briar Cliff Road
Bolingbrook
12/14/04
9:00AM
PCB 99-187
Gina Pattermann v. Boughton Trucking
and Materials, Inc.
Bolingbrook Village Hall
Boardroom
375 West Briar Cliff Road
Bolingbrook
12/16/04
Illinois Pollution Control Board Meeting
James R. Thompson Center
Hearing Room 9-040
100 W. Randolph Street
Chicago
Environmental Register – October 2004
17
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 1, 2004.
* Indicates public water supplies which have been added to the list since the previous publication.
RDS:sp/0046g/2
EPA POP. LISTING
NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY# RGN NATURE OF PROBLEM SERVED DATE
Acorn Acres Sbdv (Lake Co - 0975020) 2 Inadequate Pres Tank 250 12/16/83
Alternative Behavior Treatment Ctr (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
Environmental Register – October 2004
EPA POP. LISTING
NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY# RGN NATURE OF PROBLEM SERVED DATE
18
Bryant (Fulton Co - 0570200) 5 Adjusted Gross Alpha 310 03/15/98
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
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
Eaton PWD (Crawford - 0335100) 4 Indequate Source Capacity 920 03/15/02
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
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
Environmental Register – October 2004
EPA POP. LISTING
NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY# RGN NATURE OF PROBLEM SERVED DATE
19
Forward-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
Glenwood Outback (LaSalle Co - 0990080) 1 Inadequate Pres Tank 9,600 12/15/98
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
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
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
Environmental Register – October 2004
EPA POP. LISTING
NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY# RGN NATURE OF PROBLEM SERVED DATE
20
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
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
* Prairie View Water Assn (Tazewell Co - 1795900) 5 Inadequate Pres Tank 55 03/20/81
Environmental Register – October 2004
EPA POP. LISTING
NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY# RGN NATURE OF PROBLEM SERVED DATE
21
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
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
Environmental Register – October 2004
EPA POP. LISTING
NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY# RGN NATURE OF PROBLEM SERVED DATE
22
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
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 2004.
* Indicates public water supplies which have been added to the list since the previous publication.
RDS:sp/0046g/4
EPA POP. LISTING
NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY# RGN NATURE OF PROBLEM SERVED DATE
Andalusia (Rock Island Co – 1610050) 1 Inadequate Pres Tank 1,050 12/01/0
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
Environmental Register – October 2004
EPA POP. LISTING
NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY# RGN NATURE OF PROBLEM SERVED DATE
23
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
* Caseyville (St Clair Co - 1630250)
6 Inadequate Storage 9,900 10/01/04
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
* Exeter-Merritt Water Coop (Scott Co - 1710010) 5 Inadequate Pres Tank 428 10/01/04
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
Joy (Mercer Co - 1310100) 1 Low System Pressure 495 06/15/99
LaMoille (Bureau Co - 0110500) 1 Inadequate Plant Capacity 750 06/15/99
* Lee (Lee Co - 1034600) 1 Inadequate Pres Tank 350 10/01/04
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
Environmental Register – October 2004
EPA POP. LISTING
NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY# RGN NATURE OF PROBLEM SERVED DATE
24
Walnut Hill (Marion Co - 1210600) 6
Low System Pressure 1,200 06/14/85
* Waterloo (Monroe Co - 1330300) 6 Inadequate Storage 7,614 10/01/04
Wonder Lake Wtr Cmpny (McHenry Co - 1115750) 2 Inadequate Storage 1,080 12/14/90
PUBLIC WATER SUPPLIES REMOVED FROM PREVIOUS LIST
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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.
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Illinois Pollution Control Board
Environmental Register Coordinator
1021 N. Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
