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

 

 

 

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Letter from the Chairman

 

 

 

As you may know, the Illinois Pollution Control Board at its April

21, 2005 meeting considered proposals relating both to the Emissions

Reduction Market System (ERMS) and bacteria water quality standards.

Below, please find summaries of the Board’s action on those matters.

 

First, the Board adopted for second notice proposed amendments to

ERMS rules. ERMS is a cap and trade program involving volatile organic

material (VOM) emissions in the Chicago area. The Board originally

adopted the ERMS in 1997, and the United States Environmental Protection

Agency (USEPA) approved the ERMS as an element of Illinois’ State

Implementation Plan (SIP) for ozone effective November 21, 2001.

 

On November 19, 2004, the Illinois Environmental Protection

Agency (IEPA) filed the ERMS rulemaking proposal, which is docketed as

Amendments to 35 Ill. Adm. Code 205, Emissions Reduction Market

System, and 35 Ill. Adm. Code 211 (R05-11). The Board sent it to first notice on December 2, 2005, without

commenting on its merits.

 

IEPA asserts that revisions are needed because the USEPA is revoking the 1-hour ozone national ambient

air quality standard (NAAQS) effective June 15, 2005 as a part of implementing a new 8-hour ozone NAAQS.

IEPA contends that revoking the 1-hour ozone NAAQS would affect applicability thresholds for major emission

sources. Currently, sources subject to the Clean Air Act Permit Program (CAAPP) are those with potential to emit

25 tons of VOM. Once the 1-hour ozone NAAQS is revoked, however, the applicability threshold raises to 100

tons or more of VOM a year. The IEPA asserts that this change would result in the loss of approximately 330 tons

of VOM emissions reductions for each seasonal allotment period. Two hearings have been held in this rulemaking.

 

Second, the Board dismissed a proposal to set Escherichia coli (E-coli) bacterial water quality standards for

Lake Michigan beaches and portions of the Mississippi River. IEPA filed this rulemaking, Proposed Amendments

to 35 Ill. Adm. Code 302 and 303, R05-10, on November 8, 2004. The Board accepted the rulemaking for hearing

on December 16, 2004.

 

On March 29, 2005, the IEPA filed a motion to suspend this rulemaking. The IEPA states that, because

Illinois did not adopt bacteria water quality standards that comply with the federal Clean Water Act before

December 16, 2004, federal standards now apply to Illinois’ coastal recreation waters. IEPA also asserts that

USEPA intends to adopt a new bacteria criterion in October 2005.

 

In its order, the Board agreed that continuing the rulemaking procedure would not be an economical use of

time or administrative resources in light of the USEPA’s intent to change the criterion. The Board dismisses the

rulemaking proposal and closes the docket, although IEPA can re-file a rulemaking proposal when the USEPA

adopts a new bacteria criterion.

 

As always, copies of Board opinions, proposed rules, hearing officer orders, and hearing transcripts may be

viewed on the Board’s Website at www.ipcb.state.il.us or by contacting the Clerk’s Office. I invite you to take a

closer look at those documents and assist us in the development of sound environmental policy for the people of

Illinois.

 

 

Sincerely,

 

 

J. Philip Novak

Chairman

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Environmental Register – April 2005

1

Inside This Issue:

 

 

FEDERAL UPDATE

  

  

  

P. 1

RULE UPDATE

  

  

  

  

P. 2

BOARD ACTIONS

  

  

  

P. 8

NEW CASES

P. 17

PROVISIONAL VARIANCES

  

  

P. 19

BOARD CALENDAR

  

  

  

P. 19

IEPA RESTRICTED STATUS LIST

  

  

P. 21

IEPA CRITICAL STATUS LIST

  

  

P. 27

 

 

Federal Update

 

United States Environmental Protection Agency Adopts Direct Final Rules, and Proposes Identical

Amendments, to the Protection of Stratospheric Ozone Program Regulations Under the Clean Air Act

 

On April 13, 2005 (70 Fed. Reg. 19273) the United States Environmental Protection Agency (USEPA) adopted

direct final rules, and proposed identical amendments, to the Protection of Stratospheric Ozone program regulations.

 

USEPA stated that it promulgated the direct final rule to correct the final rule published in the

Federal Register

on

March 12, 2004 (69 Fed. Reg. 11945). Specifically, USEPA amended the regulatory text for the definitions of

refrigerant and technician, as well as the prohibition against venting substitute refrigerants to reflect the changes in

the definitions. These changes were finalized to make certain that the regulations promulgated on March 12, 2004

cannot be construed as a restriction on the sales of substitutes that do not consist of an ozone-depleting substance,

such as pure hydrofluorocarbon and perfluorocarbon substitutes.

 

USEPA explained that it published this rule without prior proposal because it views this as a noncontroversial

amendment and anticipates no adverse comment. USEPA emphasized in its notice that it is not re-proposing the

June 11, 1998, proposal (63 FR 32044) to restrict the sale of hydrofluorocarbon and perfluorocarbon substitutes, but

is only taking action to correct the definitions of refrigerant and technician at 40 CFR 82.152 and amend the venting

prohibition at 40 CFR 82.154(a) to make certain that the definitions and prohibition are consistent with the

expressed intent of the March 12, 2004 final rule to not restrict the sales of such substitutes. USEPA discussed and

responded to comments concerning the sales restrictions on substitutes for refrigerants, and its extension to

substitutes for refrigerants that consist in part or whole of a class I or class II ozone-depleting substance in the

March 12, 2004, final rulemaking.

 

This direct rule is effective on June 13, 2005, without further notice, unless USEPA receives adverse comment by

May 13, 2005. If USEPA receives adverse comment, it will publish a timely withdrawal in the

Federal Register

 

informing the public that this rule will not take effect.

 

Submit comments, identified by Docket ID No. OAR-2004-0070 by one of the following methods:

Federal eRulemaking portal http://www.regulations.gov. Follow the on-line instructions for submitting comments;

Agency Web site: http://www.epa.gov/edocket. EDOCKET, USEPA's electronic public docket and comment

system, is USEPA's preferred method for receiving comments. Follow the on-line instructions for submitting

Radiation Docket at EPA

West, 1301 Constitution Avenue,

NW., Room B108, Mail Code 6102T, Washington, DC 20460, phone: (202) 566-1742.

 

For further information contact Julius Banks; (202) 343-9870; Stratospheric Protection Division, Office of

Atmospheric Programs, Office of Air and Radiation

(6205J); 1200 Pennsylvania Avenue, NW., Washington, DC

20460. The Stratospheric Ozone

Information Hotline, 800-296-1996, and the Ozone Web page,

http://www.epa.gov/ozone/title6/608

 

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Environmental Register – April 2005

2

 

If any amendments to the Illinois air rules become necessary, the Board would expect the Illinois Environmental

Protection Agency to propose amendments using the Clean Air Act “fast-track” procedures at Section 28.5 of the

Environmental Protection Act (415 ILCS 5/28.5 (2002)).

 

 

United States Environmental Protection Agency Adopts National Emission Standards for Coke Oven

Batteries Under the Clean Air Act

 

On April 15, 2005 (70 Fed. Reg. 19991) the United States Environmental Protection Agency adopted National

Emission Standards (NESHAPs) for Coke Oven Batteries.

 

The rules adopted by USEPA amend regulations adopted originally on October 27, 1993 (58 FR 57898). Those

regulations, adopted pursuant to Section 112 of the Clean Air Act (CAA), were technology-based NESHAPs to

control hazardous air pollutants emitted by coke oven batteries. In this current action, USEPA amended the

standards to address residual risks under Section 112(f) and the 8-year review requirements of Section 112(d)(6).

 

The final rule amendments are effective on April 15, 2005. Existing sources will be required to comply with the

final rule as amended on July 14, 2005.

 

USEPA has established a docket for this action under Docket ID No. OAR-2003-0051. All documents in the docket

are listed in the EDOCKET index at http://www.epa.gov/edocket. Publicly available docket materials are available

either electronically in EDOCKET or in hard copy form at the Air and Radiation Docket, Docket ID No. OAR-

2003-0051, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC.

 

For further information contact Mr. Bob Schell, Emission Standards Division (C439-02), Office of Air Quality

Planning and Standards, Environmental Protection Agency, Research Triangle Park, NC 27711, telephone number

(919) 541-4116, e-mail address: schell.bob@epa.gov.

 

Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (2002)), once adopted by

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

 

 

Rule Update

 

Board Revises Proposal After Hearings, and Adopts Second First-Notice Proposal 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 April 7, 2005, the Board adopted a second 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). After considering testimony from five days of public hearings and the 38 comments received after the

original August 6, 2004 first-notice publication, the Board found that the record demonstrated a need to maintain a

general use water quality standard, protective both of human health and riparian mammals in the environment. Yet,

the Board also found that compliance must also be reasonable for Northern Illinois publicly owned treatment works

located in areas where naturally occurring radium is prevalent in source water.

 

So, on April 7, 2005 the Board proposed its own revised general use water quality standard for radium. Because of

the extent of the changes to the first-notice proposal, the Board found it appropriate to publish its own April 7, 2005

proposal for a second first-notice in this docket. The Board determined that an additional 45-day public comment

period was warranted to allow for comments on the changes it made to the proposal. The second first-notice

proposal was published in the

Illinois Register

on April 29, 2005 at 29 Ill. Reg. 5873.

 

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Environmental Register – April 2005

3

The Board also formally withdrew the original first-notice proposal (published in the

Illinois Register

on Aug. 6,

2004 at 28 Ill. Reg. 10887). That was identical to a January 13, 2004 proposal filed by the Illinois Environmental

Protection Agency (IEPA). The IEPA’s proposed changes to Sections 302.207 and 302.525 would have eliminated

the existing general use and Lake Michigan water quality standards for radium 226, retaining the existing

radioactivity standards for gross beta particle activity and strontium 90. The proposed new Section 302.307 would

have established a public and food processing water supply standard for radium 226 and 228 combined of 5 pCi/L.

 

The Board’s April 2005 amendments to the water quality standards in the second first-notice propose a general use

water quality standard of 3.75 pCi/L combined radium 226 and 228 to replace the existing radium 226 standard of 1

pCi/L. This standard, like the current one, will apply to all general use waters of the State, as well as the Lake

Michigan Basin. The proposal also applies a combined radium standard of 30 pCi/L to stream segments that receive

discharges from Publicly Owned Treatment Works (POTWs) receiving wastewater discharge from public drinking

water supplies using groundwater with a high radium concentration. The 30 pCi/L combined radium 226 and 228

standard will apply from the point of discharge to one mile downstream of the discharge outfall.

 

The Board presently anticipates holding hearings on the April 2005 revised proposal only if requested to do so

during the first notice public comment period.

 

Copies of the Board’s opinion and order 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 Amy Antoniolli at 312/814-3665; email address antonioa@ipcb.state.il.us.

 

 

Board Adopts First Notice Opinion and Order in Interim Phosphorous Effluent Standard, Proposed 35 Ill.

Adm. Code 304.123(g-k) (R04-26)

 

On April 7, 2005, the Board adopted a first notice opinion and order in Interim Phosphorous Effluent Standard,

Proposed 35 Ill. Adm. Code 304.123(g-k) (R04-26). This rulemaking proposes to amend the Board’s water quality

standards to set an interim standard limiting discharges of phosphorous into general use waters of the State. The

rulemaking was published in the

Illinois Register

on May 6, 2005 at 29 Ill. Reg. 6200.

 

The rulemaking was started by the May 14, 2004 proposal by the Illinois Environmental Protection Agency (IEPA)

to set an interim phosphorus effluent standard. By 2007, the IEPA expects to have completed the process of

developing a proposal for a state numeric nutrient water quality standard (WQS). The IEPA requested that the

interim effluent standard sunset upon adoption of the nutrient WQS. The Board held public hearings on the IEPA

proposal in August and October of 2004. During those hearings the Board heard testimony from a number of

witnesses. In addition, the Board received 17 public comments in this proceeding.

 

On April 7, 2005, the Board adopted a somewhat revised version of the IEPA proposal for first-notice publication in

the

Illinois Register

. The revisions clarify that a “new” discharge is a discharge from treatment works constructed

after the effective date of the proposed regulations, and an “expanded” discharge is a discharge from an existing

treatment works that would be greater than the flow rates permitted prior to the effective date of the proposed

amendments.

 

The proposal would add 5 new subsections (g-k) to existing Section 304.123. The amendments propose a monthly

average limit of 1 mg/L for total phosphorous for any new or expanded discharges into general use waters.

 

This proposed phosphorus limit would apply only to discharges from treatment works with a design average flow of

1.0 million gallons per day or more receiving primarily municipal or domestic wastewater; or any treatment works,

other than those treatments that are primarily municipal or domestic wastewater, with a total phosphorus effluent

load of 25 pounds per day or more. Dischargers may be exempt from the permit limits if they can demonstrate that

phosphorus from their treatment works is not the limiting nutrient in the receiving water. The amendments propose

allowing the IEPA to impose alternative phosphorus effluent limits where the supporting information shows that

alternative limits are warranted by the aquatic environment in the receiving stream.

 

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Environmental Register – April 2005

4

The IEPA statement of reasons stated that there are currently ten to twelve permits for new or expanded discharges

that are affected by “phosphorus limit uncertainty", and that it is expected that about twenty permits will be

impacted annually, in rapidly urbanizing areas such as Lake, McHenry and Northern Will Counties.

 

The Board will accept additional public comments for at least 45 days after the proposal is published in the

Illinois

Register

. The Board does not expect to hold more hearings unless requested to do so.

 

Copies of the Board’s opinion and order in R04-26 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 John Knittle at 217/278-3111; email at knittlej@ipcb.state.il.us.

 

 

Board Adopts Final Opinion and Order in Mercury Wastes Under PA 93-963: Amendments to Standards

for Universal Waste Management (35 Ill. Adm. Code Parts 703, 720, 721, 724, 725, 728, and 733) (R05-8)

 

 

On April 7, 2005, the Board adopted a final opinion and order in Standards for Universal Waste Management (35

Ill. Adm. Code Parts 703, 720, 721, 724, 725, 728, and 733), R05-08. The final rules fulfill a statutory mandate,

amending the Board’s standards for universal waste management by designating certain mercury-containing devices as

“universal waste”. The adopted amendments were filed with the Secretary of State’s Index Department with an April 13,

2005 effective date, and were published in the

Illinois Register

at 29 Ill. Reg. 5966 through 6058 on April 29, 2005.

 

These amendments affect the Board’s universal waste management rules at 35 Ill. Adm. Code 703, 720, 721, 724,

725, 728, and 733. The amendments in this rulemaking implement Public Act 93-964, which became effective on

August 20, 2004.

 

Among other things, Public Act 93-964 added a new Section 22.23 to the Environmental Protection Act. The new

section required the Illinois Environmental Protection Agency (IEPA) to propose rules that formally designate as

“universal waste” mercury switches, mercury relays, and scientific instruments and instructional equipment

containing mercury added during their manufacture. The October 19, 2004 IEPA proposal mirrored a United States

Environmental Protection Agency proposal published in the

Federal Register

at 67 Fed. Reg. 40507 (June 12, 2002)

to amend the federal universal waste regulations under the Resource Conservation and Recovery Act to include

mercury-containing devices as universal waste.

 

The General Assembly mandated the Board to adopt the rules within 180 days after the receipt of the IEPA

proposal,

i.e.

on or before April 15, 2005. The Board, with its timely adoption of the amendments on April 7, 2005,

has met that deadline.

 

Hearings were held on December 15, 2004, in Chicago and on January 6, 2005 in Springfield. The Board did not

receive any public comments in this rulemaking.

 

Copies of the Board’s opinion and order in R05-08 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 Marie Tipsord at (312) 814-4925 or email at tipsordm@ipcb.state.il.us.

 

 

Board Adopts First-Notice Proposal in Technical Correction to Formulas in 35 Ill. Adm. Code 214; Clean-Up

Part III, Amendments to 35 Ill Adm. Code Part 211, 218, and 219 (R04-12/20)(cons.)

 

 

On April 21, 2005, the Board adopted a first notice opinion and order in Technical Correction to Formulas in 35 Ill.

Adm. Code 214; Clean-Up Part III, Amendments to 35 Ill Adm. Code Part 211, 218, and 219 (R04-

12/20)(consolidated). The rulemaking amends Parts 211, 214, 218, and 219 of the Board’s air regulations. First

notice of this Board proposal will be published in the

Illinois Register

soon, starting a 45-day public comment

period. The Board does not expect to hold more hearings unless requested to do so.

 

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Environmental Register – April 2005

5

R04-12 is a Board-initiated proposal to Adm. Code 214. The Board is proposing to correct technical errors in

formulas that are in the Board’s air at 35 Ill. Adm. Code 214 "Sulfur Limitations". The errors appear to have

occurred when the Illinois Administrative Code was re-codified.

 

The R04-20 rulemaking is a January 6, 2004 rulemaking proposal made by the Illinois Environmental Protection

Agency (IEPA). The IEPA designed the proposal to correct, update, and clarify rules implementing federal Clean

Air Act requirements for volatile organic material emissions reductions in the Chicago and Metro-East ozone areas.

This proposal addresses capture efficiency, carbon adsorbers and control device monitoring, screen printers, sealers

and topcoats, lithographic printing, natural gas fired afterburners, perchloroethylene dry cleaners, and motor vehicle

refinishing. The IEPA described the rule amendments as non-substantive and emissions-neutral, and intended to

benefit the regulated community by reducing the burden of, and increasing the flexibility in, demonstrating

compliance.

 

To achieve administrative economies during the hearing process, the Board consolidated the R04-20 IEPA

rulemaking proposal with the R04-12 Board-initiated rulemaking proposal. The Board held two hearings in this

rulemaking. The first hearing was in Chicago on March 18, 2004 and the second hearing was in Springfield on May

6, 2004. The Board also received three public comments, filed by the IEPA, the Illinois Environmental Regulatory

Group (IERG) and Jefferson Smurfit Corporation (Smurfit). In their comments, IERG and Smurfit addressed

portions of the amendments that they felt made substantive changes to the rules. Specifically the comments focused

on the definition of “carbon adsorber” and the use of alternative Capture Efficiency (CE) protocols. IERG was

concerned that the term “carbon adsorber’ was misleading, and encompassed more control technologies than was

intended. The comments filed regarding the alternative CE protocols expressed concern that the proposed language

could shift the burden of proof in an enforcement action to the respondent, and that the rules were unclear on the

applicability of the alternative CE protocols.

 

In response to these comments, the Board clarified the language dealing with the alternative CE protocols, the “Data

Quality Objective” (DQO) and the “Lower Confidence Limit” (LCL). The Board’s first-notice proposal specifies

the applicability of the different protocols, DQO and LCL, for determining emission credits and in enforcement

activities. Specifically, the proposal states that LCL cannot be used to determine emission reductions nor can it be

used in enforcement proceedings to confirm non-compliance.

 

The first-notice proposal also makes changes to:

•

Update the test methods for capture efficiency (CE);

•

Clarify the term “carbon adsorber”;

•

Clarify requirements for screen printers;

•

Clarify categories of sealers and topcoats;

•

Clarify provisions on monitoring, applicability, equations, recordkeeping, and reporting for lithographic

printing operations;

•

Clarify that sources may turn off their natural gas fired afterburners outside the ozone season;

•

Delete the requirements applicable to perchloroethylene dry cleaning facilities;

•

Delete the requirement that auto finishing shops annually re-register with IEPA;

•

Delete the coating purchasing recordkeeping requirements; and

•

Correct miscellaneous grammatical and typographical errors.

 

Copies of the Board’s opinion and order in R04-20 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 Richard McGill at 312-814-6983; e-mail address mcgillr@ipcb.state.il.us

 

 

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Environmental Register – April 2005

6

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

1, 2004 through June 30, 2004) (July 1, 2004 through December 31, 2004, February 1, 2005) R05-4/R05-15

(cons.)

 

On April 21, 2005, the Board adopted a final opinion and order in Wastewater Pretreatment Update, USEPA

Amendments (January 1, 2004 through June 30, 2004) (July 1, 2004 through December 31, 2004, February 1, 2005)

R05-4/R05-15 (cons.). The rulemaking adopts amendments to the Illinois regulations that are “identical in

substance” to wastewater pretreatment regulations adopted by the United States Environmental Protection Agency

(USEPA). The USEPA rules implement Sections 307(b), (c), and (d) and 402(b)(8) and (b)(9) of the Federal Water

Pollution Control Act (33 U.S.C. §§ 1317(b), (c), and (d) and 1342(b)(8) and (b)(9) (2002)). The adopted

amendments were filed with the Secretary of State’s Index Department and will be published in the May 13, 2005

issue of the

Illinois Register

. The Board made only minor, non-substantive changes to the proposal it adopted for

public comment.

 

The Board consolidated dockets R05-4 and R05-15 because the two sets of amendments are light in volume, and the

subject matters are simple. The Board acted on three federal actions published at 69 Fed. Reg. 25324 (May 6,

2004), 69 Fed. Reg. 45944 (July 30, 2004), and 70 Fed. Reg. 5058, (February 1, 2005).

 

The USEPA action of May 6, 2004, corrects an error in publication of the 2003 edition of the

Code of Federal

Regulations

 

(C.F.R.)

. The Government Printing Office omitted pages 401 and 408 of that volume. The corrections

restore that omitted text. Affected were the texts of 40 C.F.R. 439.0, 439.1, 439.26, 439.27, and 439.30 through

439.34. Thus, corrected, the full text of each of these rules appears in the 2004 edition of the

C.F.R

. The Board

adopted these corrections by updating incorporations of federal rules by reference to the 2004 edition of the

C.F.R

.

 

On July 30, 2004, USEPA adopted national emission standards for hazardous air pollutants (NESHAPs) applicable

to the plywood and composite wood point-source categories. While NESHAPs are air emissions standards that

normally have little to do with wastewater pretreatment, USEPA included one amendment relating to wastewater

discharges. That amendment was to the definition of “process wastewater,” which is a definition critical to the

applicability of the wastewater rules applicable to sources in the timber products processing point source category.

The NESHAPs amendments excluded various wastewaters from the definition of process wastewater to which the

water pollution control regulations apply. Excluded were wastewaters from washout of thermal oxidizers and

catalytic oxidizers, biofilters, wet electrostatic precipitators used upstream of thermal oxidizers or catalytic oxidizers

used to comply with the NESHAPs. The Board adopted these federal amendments by updating incorporations of

federal rules by reference to the 2004 edition of the

C.F.R

.

 

On February 1, 2005, USEPA adopted a direct final rule that corrected an error in the August 14, 2000 (65 Fed.

Reg. 49666) pretreatment standards applicable to the transportation equipment cleaning point source category.

USEPA used “any existing source” in 40 C.F.R. 442.16(b), when it should have used “any new source,” in its

pretreatment standards applicable to new sources. The Board incorporated the August 14, 2000 amendments into

the Illinois wastewater pretreatment rules in Wastewater Pretreatment Update, USEPA Amendments (July 1, 2000

through December 31, 2000), R01-25 (Aug. 9, 2001). The Board adopted these federal amendments by updating

incorporations of federal rules by reference to the 2004 edition of the

C.F.R

. including the February 1, 2005

correction.

 

Copies of the Board’s opinion and order in R05-4/15 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 Mike McCambridge at 312/814-6924; e-mail address:

mccambm@ipcb.state.il.us.

 

 

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Environmental Register – April 2005

7

Board Dismisses Docket in Bacteria (E-coli) Water Quality Standard for Lake Michigan and the Mississippi

River, Proposed Amendments to 35 Ill. Adm. Code 302 (R05-10)

 

On April 21, 2005, the Board dismissed the November 8, 2004 proposal filed by the Illinois Environmental

Protection Agency (IEPA) in Bacteria (E-coli) Water Quality Standard for Lake Michigan and the Mississippi

River, Proposed Amendments to 35 Ill. Adm. Code 302 (R05-10). The proposal sought to establish

Escherichia

coli

(E.coli) bacteria water quality standards for Lake Michigan beaches and the Mississippi River. The proposal is

similar in many respects to a federal water quality standard applicable to Illinois bathing beaches in the absence of a

state standard meeting the requirements of section 303(i) of the federal Clean Water Act as amended by Beaches

Assessment and Coastal Health (BEACH) Act of 2000. See 69

Federal Register

67218 (November 16, 2004),

adopting as a final rule 40 CFR 131.141, effective December 16, 2004.

 

The IEPA filed a motion on March 29, 2005 to suspend this rulemaking. In its motion, the IEPA stated that the

United States Environmental Protection Agency (USEPA) had indicated that it was planning to adopt a new bacteria

criterion in October 2005. The criterion that the IEPA expects USEPA to adopt would use an indicator organism

other than fecal coliform or E-coli, which was the focus the R 05-10 rulemaking. So the IEPA asked that the Board

suspend further proceedings in the rulemaking until USEPA has completed its bacteria standards.

 

The Board agreed that continuing this rulemaking would not be an economical use of time or administrative

resources. But instead of holding this docket open, the Board stated that dismissal was the preferable option,

because:

 

  

The Board does not favor indefinite stays of regulatory proceedings before it, particularly those involving

water quality issues. Members of the regulated community and the public regularly contact the Board for

information on when stays will end and hearings will be held in stayed proceedings; staff resources are

expended in response to little purpose when the Board can supply no concrete information. This is very

much the case here, where the length of the stay is contingent upon completion of regulatory action by

USEPA as well as IEPA analysis of the effect of that action. The priorities of each agency may be subject

to change due to resource or other constraints beyond their control or that of the Board. In light of these

factors, the Board believes that dismissing this rulemaking proposal with leave to re-file is procedurally

preferable for the Board, the IEPA, the regulated community, and the public. Interested persons will then

feel free to focus their attention on the federal activity. (slip op. at 2)

 

The Board concluded by giving the IEPA leave to re-file a proposal once USEPA had concluded its rulemaking.

 

Copies of the Board’s opinion and order in R05-10 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 John Knittle at 217/278-3111; e-mail address: knittlej@ipcb.state.il.us.

 

 

Board Adopts Second Notice Opinion and Order in Amendments to Emissions Reduction Market System, 35

Ill. Adm. Code 205 and 211 (R05-11)

 

 

On April 21, 2005, the Board adopted a second notice opinion and order in Amendments to Emissions Reduction

Market System, 35 Ill. Adm. Code 205 and 211 (R05-11). The second notice proposal makes amendments to the

Board’s air regulations for the Emissions Reduction Market System (ERMS). The Board has sent the rulemaking,

pursuant to the Illinois Administrative Procedure Act (5 ILCS 100/1-1

et seq.

(2002)), to the Joint Committee on

Administrative Rules (JCAR) for its review and approval. The proposed amendments are currently scheduled to be

considered at the May 17, 2005 JCAR meeting.

 

The Board adopted the Illinois Environmental Protection Agency’s (IEPA) November 19, 2004 proposal for first

notice as a non-substantive proposal, without Board comment on its merits. First notice was published on

December 17, 2004 at 28 Ill. Reg. 16137 and 16180. The Board made changes to the first-notice proposal to clarify

the proposed amendments in response to the errata sheet filed by the IEPA. The changes adopted by the Board

include the modification of definitions of “participating” and “new participating source” to include sources which

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Environmental Register – April 2005

8

have the potential to emit 25 tons or more of volatile organic material (VOM); clarification of applicability of

changes in offset ratio; addition of references to Federally Enforceable State Operating Permits in various sections;

and requirement that certain exempt sources to submit seasonal emissions component of the Annual Emissions

Report.

 

The ERMS system is a cap and trade program that involves VOM emissions in the Chicago area. It is designed to

reduce VOM emission in the Chicago non-attainment area below the levels required by reasonably available control

technology and other emission standards. The rulemaking proposes revisions to the program rules affecting sources

in the Chicago ozone non-attainment area. The proposed amendments seek to modify the applicability provisions

and clarify other related provisions as a result of the implementation of the 8-Hour Ozone National Ambient Air

Quality Standard (NAAQS) and the revocation of the 1-Hour Ozone NAAQS.

 

The IEPA asserted that revisions are needed because the United States Environmental Protection Agency (USEPA)

is revoking the 1-hour ozone NAAQS effective on June 15, 2005. More specifically, on April 30, 2004, USEPA

promulgated the first phase of its Final Rule to Implement the 8-Hour Ozone NAAQS.

See

69 Fed. Reg. 23951.

Designations and classifications for this standard were effective on June 15, 2004, and the Chicago area is a

Moderate Nonattainment Area for the 8-Hour Ozone NAAQS.

See

69 Fed. Reg. 23858, 23898. However, on June

15, 2005, USEPA is revoking the 1-Hour Ozone NAAQS, including the associated designations and classifications.

See

69 Fed. Reg

.

23951, 23969.

 

The IEPA contended that revocation of the 1-hour NAAQS affects applicability thresholds - currently sources

subject to the Clean Air Act Permit Program are those with potential to emit 25 tons of VOM, but once the 1-hour

ozone NAAQS is revoked, the applicability threshold raises to 100 tons. The IEPA asserted that this change would

result in less facilities being subject to the rules and a corresponding loss of approximately 330 tons of VOM

emissions reductions for each seasonal allotment period. The IEPA stated that it must ensure that ERMS remains in

place in its current form so the required VOM emissions reductions in the Chicago area is maintained.

 

The Board held hearings in this rulemaking in Chicago on January 27, 2005 and on February 22, 2005. The Board

did not receive any public comments in this rulemaking.

 

Copies of the Board’s opinion and order in R05-11 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 additional information contact John Knittle at 217-278-3111; e-mail address knittlej@ipcb.state.il.us

 

 

Board Actions

 

 

April 7, 2005

Via Videoconference

Springfield and Chicago, Illinois

 

 

Rulemakings

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 302.307 and

302.525 – The Board adopted a second first notice opinion and order in this

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

standards regulations.

 

4-0

R, Water

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Environmental Register – April 2005

9

 

R04-26 In the Matter of: Interim Phosphorus Effluent Standard, Proposed 35 Ill. Adm.

Code 304.123(g-k) – The Board adopted a first notice opinion and order in this

rulemaking to amend the Board’s water quality standards regulations.

 

4-0

R, Water

R05-8 In the Matter of: Mercury Wastes Under PA 93-0964: Amendments to

Standards for Universal Waste Management (35 Ill. Adm. Code Parts 703, 720,

721, 724, 725, 728, and 733) – The Board adopted a final opinion and order in

this rulemaking amending the Board’s hazardous waste regulations.

4-0

R, Land

 

 

Adjusted Standards

AS 04-2

In the Matter of: Petition of Jo’lyn Corporation and Falcon Waste and

Recycling, Inc. for an Adjusted Standard from 35 Ill. Adm. Code Part 807or in

the Alternative a Finding of Inapplicability – Based on case law interpreting the

Environmental Protection Act, the Board determined that the granulate

bituminous shingle material that the petitioners use to produce Eclipse Dust

Control at their Woodstock facility is not a waste covered by the Board’s solid

waste regulations. The Board denied the petitioners’ alternative request for an

adjusted standard.

4-0

Land

 

 

Administrative Citations

AC 05-53 IEPA v. Judy Cornelison – The Board granted complainant’s motion to dismiss

the administrative citation for lack of timely service.

 

4-0

 

AC 05-55 IEPA v. Harold Bruley – The Board dismissed respondent’s late-filed petition for

review. The Board found that this Macoupin County respondent violated

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

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

 

4-0

 

 

AC 05-56 IEPA v. Christopher A. and Jenny L. Good – The Board found that these

Douglas County respondents violated Sections 21(p)(1) and (p)(7) of the Act

(415 ILCS 5/21(p)(1), (p)(7) (2002)), and ordered respondents to pay a civil

penalty of $3,000.

4-0

 

 

Motions and Other Matters

PCB 96-98 People of the State of Illinois v. Skokie Valley Asphalt, 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 respondents’ motion for extension

of time and authorized respondents to conduct discovery on the attorney fee

issue, which will be then set for hearing. Respondents’ were directed to file the

discovery requests with the Board on or before April 25, 2005; the People’s

response must be filed on respondents and served with the Board on or before

May 25, 2005. The stay of the $153,000 civil penalty imposed in the Board’s

September 2, 2004 order remains in effect. The hearing officer was directed to

proceed to hearing as expeditiously as possible.

 

4-0

W-E

 

PCB 01-56 Bluff’s/Scott-Morgan C.U.S.D. #2 v. IEPA – The Board granted petitioner’s 4-0

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Environmental Register – April 2005

10

motion for voluntary dismissal of this underground storage tank appeal involving

a Scott County facility.

 

UST Fund

 

PCB 02-207 Wallace Pharmaceuticals v. IEPA –In response to the parties’ joint motion “to

withdraw variance”, effective April 7, 2005, the Board terminated the

September 19, 2002 variance granted in this docket from 35 Ill. Adm. Code

Section 218.482(a) for five dryers at the Wallace Pharmaceuticals (n/k/a

MedPointe Pharmaceuticals) facility in Decatur, Macon County.

 

4-0

A-V

 

PCB 03-51 People of the State of Illinois v. Draw Drape Cleaners, Inc., American Drapery

Cleaners & Flameproofers, Inc. – Upon receipt of a proposed stipulation and

settlement agreement and an agreed motion to request relief from the hearing

requirement in this air enforcement action involving a Cook County facility, the

Board ordered publication of the required newspaper notice.

 

4-0

A-E

PCB 04-135 People of the State of Illinois v. GF Office Furniture, Ltd.. L.P., Office Suites,

Inc., and GF Furniture Holding, Inc. – Upon receipt of a proposed stipulation and

settlement agreement and an agreed motion to request relief from the hearing

requirement in this air enforcement action involving a Cook County facility, the

Board ordered publication of the required newspaper notice.

 

4-0

A-E

PCB 04-149 Hortense Singer v. IEPA – The Board granted petitioner’s motion for voluntary

dismissal of this underground storage tank appeal involving a DuPage County

facility.

 

4-0

UST Appeal

 

PCB 04-156 L. Keller Oil Company (Centralia) v. IEPA – The Board granted petitioner’s

motion for voluntary dismissal of this underground storage tank appeal involving

a Marion County facility.

 

4-0

UST Appeal

 

PCB 04-168 L. Keller Oil Properties, Inc. (Salem) v. IEPA – The Board granted petitioner’s

motion for voluntary dismissal of this underground storage tank appeal involving

a Marion County facility.

 

4-0

UST Appeal

 

PCB 04-187

 

Sutter Sanitation, Inc. and LaVonne Haker v. IEPA – The Board granted

petitioners’ motion for voluntary dismissal of this permit appeal involving an

Effingham County facility.

 

4-0

P-A, Land

 

PCB 05-31 Metropolitan Water Reclamation District of Greater Chicago v. IEPA – The

Board granted petitioner’s motion for voluntary dismissal of this permit appeal

involving a Cook County facility.

 

4-0

P-A, NPDES

 

PCB 05-64 People of the State of Illinois v. Auto Recyclers – C&D, Enterprises, Inc. – Upon

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

to request relief from the hearing requirement in this land enforcement action

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

required newspaper notice.

 

4-0

L-E

PCB 05-86 People of the State of Illinois v. Fairacres Subdivision Association – Upon

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

to request relief from the hearing requirement in this public water supply

enforcement action involving a Rock Island County facility, the Board ordered

publication of the required newspaper notice.

 

4-0

PWS-E

 

 

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Environmental Register – April 2005

11

 

PCB 05-111 Mac’s Convenience Stores, L.L.C. 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 Will County facility.

 

4-0

UST Appeal

 

PCB 05-115 Reed’s Service v. IEPA – Having previously granted a request for a 90-day

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

appeal was filed on behalf of this White County facility.

 

4-0

UST Appeal

 

PCB 05-116 Beckman Service v. IEPA – Having previously granted a request for a 90-day

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

appeal was filed on behalf of this Marion County facility.

 

4-0

UST Appeal

 

PCB 05-118 Illinois State Toll Highway Authority (Belvidere North Reimb.) 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 Boone County facility.

 

4-0

UST Appeal

 

PCB 05-123 People of the State of Illinois v. Cunat, Inc. – Upon receipt of a proposed

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

the hearing requirement in this public water supply enforcement action involving

a McHenry County facility, the Board ordered publication of the required

newspaper notice.

 

4-0

W-E

PCB 05-168 People of the State of Illinois v. Home Depot U.S.A., Inc. – The Board accepted

for hearing this public water supply enforcement action involving a site located

in Will County.

 

4-0

PWS-E

 

PCB 05-169 Geneseo Pork, Inc. (Livestock Waste Management Facilities) (Property

Identification Number 09-03-200-001-0011) v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the Board found

and certified that specified facilities of Geneseo Pork, Inc. located in Henry

County are pollution control facilities for the purpose of preferential tax

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

 

4-0

T-C

Water

 

PCB 05-170 Dumoulin Farms-Hampshire (Waste Management Facilities) (Property

Identification Number 1-20-300-001) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Dumoulin Farms-Hampshire located in Kane

County are pollution control facilities for the purpose of preferential tax

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

 

4-0

T-C

Water

 

PCB 05-171 Vincent Berghower (Livestock Waste Management Facilities) (Property

Identification Number 90-13-06-200-008) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Vincent Berghower located in Jasper County

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

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

 

4-0

T-C

Water

PCB 05-172 Paul B. Finley (Livestock Waste Management Facilities) (Property Identification

Number 90-07-21-400-006) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Paul B. Finley located in Jasper County are

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

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

 

Novak

T-C

Water

 

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Environmental Register – April 2005

12

PCB 05-173 Lane Pork Corp. (Livestock Waste Management Facilities) (Property

Identification Number 01-21-300-011 and 01-28-100-011) v. IEPA – Upon

receipt of the Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of Lane Pork Corp. located in

DeKalb County are pollution control facilities for the purpose of preferential tax

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

 

4-0

T-C

Water

PCB 05-174 Charles Schelkopf Finishing Operation (Livestock Waste Management Facilities

(Property Identification Number 25-01-400-002) v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the Board found

and certified that specified facilities of Charles Schelkopf Finishing Operation

located in DeKalb County are pollution control facilities for the purpose of

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

(2002)).

 

4-0

T-C

Water

PCB 05-175 County Line Pork (Livestock Waste Management Facilities) (Property

Identification Number 25-01-400-002) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of County Line Pork located in Ogle County are

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

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

 

4-0

T-C

Water

 

PCB 05-176 Luke Brummer (Livestock Waste Management Facilities (Property Identification

Number 06-13-020-018) v. IEPA – Upon receipt of the Illinois Environmental

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

specified facilities of Luke Brummer located in Effingham County are pollution

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

Tax Code (35 ILCS 200/11-10 (2002)).

 

4-0

T-C

Water

 

PCB 05-177 Nancy Doterer (Livestock Waste Management Facilities) (Property Identification

Number 11-33-200) v. IEPA – Upon receipt of the Illinois Environmental

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

specified facilities of Nancy Doterer located in McLean County are pollution

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

Tax Code (35 ILCS 200/11-10 (2002)).

 

4-0

T-C

Water

 

PCB 05-178 Keith Richardson (Livestock Waste Management Facilities) (Property

Identification Number 12-12-20-200-002) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Keith Richardson located in Mercer County

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

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

 

4-0

T-C

Water

PCB 05-179 Arthur Keller-Willow Hill (Livestock Waste Management Facilities) (Property

Identification Number (94-15-18-300-007) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that the livestock waste management facilities of Arthur Keller-Willow

Hill located in Jasper 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 dead

animal compost bin facilities, pending receipt of any petition for review by April

24, 2005.

 

4-0

T-C

Water

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Environmental Register – April 2005

13

 

PCB 05-181 People of the State of Illinois v. Pattison Associates L.L.C. and 5701 South

Calumet L.L.C. – The Board accepted for hearing this air enforcement action

involving a site located in Tazewell County.

4-0

A-E

 

 

 

April 21, 2005

Chicago, Illinois

 

Rulemakings

R04-12

R04-20

(cons.)

In the Matter of: Technical Corrections to Formulas in 35 Ill. Adm. Code 214; In

the Matter of: Clean-Up Part III, Amendments to 35 Ill. Adm. Code Part 211,

218, and 219 – The Board adopted a first notice proposal to amend the Board’s

air regulations.

 

5-0

R, Air

R05-4

R05-15

(cons.)

In the Matter of: Wastewater Pretreatment Update, USEPA Amendments

(January 1, 2004 through June 30, 2004) – The Board adopted a final opinion

and order amending the Board’s wastewater pretreatment regulations to make

them “identical in substance to federal regulations.

 

5-0

Water

R05-10 In the Matter of: Bacteria (E-coli) Water Quality Standard for Lake Michigan

and the Mississippi River, Proposed Amendments to 35 Ill. Adm. Code 302 –

The Board denied the Illinois Environmental Protection Agency’s (IEPA) motion

to suspend the rulemaking and dismissed the rulemaking proposal. The IEPA

was given leave to re-file an appropriate rulemaking proposal when the United

States Environmental Protection Agency’s new bacteria criterion is adopted.

 

5-0

R, Water

R05-11 In the Matter of: Amendments to Emissions Reduction Market System, 35 Ill.

Adm. Code 205 and 211 – The Board adopted a second notice opinion and order

in this rulemaking to amend the Board’s air regulations.

5-0

R, Air

 

 

 

Administrative Citations

AC 05-7 IEPA v. Edward and Betty Jo Cain and Edward Cain d/b/a Cain Roofing

Company – In response to a joint stipulation and settlement agreement in this

administrative citation action involving a Fulton County facility, the Board found

that respondents had violated Section 21(p)(3) of the Environmental Protection

Act (415 ILCS 5/21(p)(3) (2002)) and ordered respondents to pay a civil penalty

of $1,500. The Board also granted the parties’ joint motion to dismiss

respondents’ petition for review and the alleged violations of 415 ILCS 5/21(p)

(1), (7) (2002).

 

5-0

AC 05-49 IEPA v. Landers’ Children Family, L.L.C. and Ray Landers – The Board granted

complainant’s motion for reconsideration of the March 3, 2005 Board order and

motion for default judgment as to respondent Ray Landers. The Board dismissed

the administrative citation for lack of timely service as to Landers’ Children

Family, L.L.C. only. The Board found that Ray Landers violated Sections

21(p)(1), (p)(4) and (p)(7) of the Environmental Protection Act (415 ILCS

5-0

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Environmental Register – April 2005

14

5/21(21(p)(1), (p)(4) (p)(7) (2002)), and ordered respondent to pay a civil

penalty of $4,500.

 

AC 05-54 IEPA v. Ray Logsdon Estate, Logsdon Sand and Gravel Company, and M.K.

O’Hara Construction, Inc. – The Board accepted for hearing Logsdon Sand and

Gravel Company’s petition for review of an administrative citation and granted

complainant’s motion to dismiss the administrative citation as to the Ray

Logsdon Estate. The Board dismissed the petition for review on behalf of M.K.

O’Hara Construction, Inc. for failure to file an amended petition as instructed by

the Board’s March 3, 2005 order.

 

5-0

AC 05-57 IEPA v. Leonard Harris – The Board found that this Boone County respondent

violated Section 21(p)(3) of the Act (415 ILCS 5/21(p)(3) (2002)), and ordered

respondent to pay a civil penalty of $1,500.

 

5-0

AC 05-58 IEPA v. Knox County Landfill Committee and Greg Ingle – The Board found

that these Knox County respondents violated Section 21(o)(5) of the

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

respondents to pay a civil penalty of $500.

 

5-0

AC 05-60 IEPA v. Ken Edwards – The Board granted complainant’s motion to dismiss the

administrative citation for lack of timely service.

5-0

 

 

Decisions

 

PCB 03-51

People of the State of Illinois v. Draw Drape Cleaners, Inc., an Illinois

corporation, American Drapery Cleaners & Flameproofers, inc., an Illinois

corporation, and Richard Zell, an Illinois resident – 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 respondents to pay a total civil penalty of $7,500 and to cease

and desist from further violations.

 

5-0

A-E

PCB 04-138 People of the State of Illinois v. Pinnacle Corporation d/b/ Town & Country

Homes – 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 $80,000 and to cease and desist from further violations.

 

5-0

W-E

PCB 04-178 People of the State of Illinois v. H.B.M. Electrochemical Company and Ned

Mandich individually and as president of H.B.M. Electrochemical 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 respondents to pay a total civil penalty of

$15,000, and to cease and desist from further violations.

 

5-0

A-E

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Environmental Register – April 2005

15

PCB 05-55

PCB 05-58

PCB 05-59

(cons.)

Village of Lake Barrington, Cuba Township, Prairie Rivers Network, Sierra

Club, Beth Wentzel, and Cynthia Skrukrud v. IEPA and Village of Wauconda;

Slocum Lake Drainage District of Lake County, Illinois v. IEPA and Village of

Wauconda; Al Phillips et al. v. IEPA and Village of Wauconda, Illinois – The

Board affirmed the Illinois Environmental Protection Agency’s issuance of a

National Pollutant Discharge Elimination System permit to the Village of

Wauconda.

 

5-0

P-A, NPDES

3

rd

party

 

 

PCB 05-60 People of the State of Illinois v. Youssi Real Estate and Development, Inc. – In

this water 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 respondent to pay a total

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

 

5-0

W-E

PCB 05-64 People of the State of Illinois v. Auto Recyclers – C&D Enterprises, Inc. – In this

land enforcement action concerning a Sangamon 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 $5,000, and to cease and desist from further violations.

 

5-0

L-E

 

PCB 05-85 Citgo Petroleum Corporation and PDV Midwest Refining, LLC. v. IEPA – The

Board granted these Will County petitioners a variance from the Total Dissolved

Solids water quality standards of 35 Ill. Adm. Code 302.208(g) and 302.407.

The variance lasts until December 15, 2005 and is subject to conditions.

 

5-0

W-V

 

PCB 05-86 People of the State of Illinois v. Fairacres Subdivision Association – In this

public water supply enforcement action concerning a Rock Island 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 $750, and to cease and desist from further violations.

 

5-0

PWS-E

 

PCB 05-96 People of the State of Illinois v. Village of North City – In this public water

supply enforcement action concerning a Franklin 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 $500, to perform a supplemental environmental project by

payment of a monetary donation of $500 to the Benton School District Greening

Program, and to cease and desist from further violations.

 

5-0

PWS-E

 

PCB 05-123 People of the State of Illinois v. Cunat, Inc. – In this water enforcement action

concerning a McHenry 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 $3,500, and to cease and desist from

further violations.

5-0

W-E

 

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Environmental Register – April 2005

16

 

Motions and Other Matters

PCB 04-88 Des Plaines River Watershed Alliance, Livable Communities Alliance, Prairie

Rivers Network, and Sierra Club v. IEPA and Village of New Lenox – The

Board granted the respondent’s motion to file reply

instanter

and accepted the

reply to petitioners’ response to motion for stay of petitioners’ motion for

summary judgment. The Board denied the respondent’s motion for stay of

petitioner’s motion for summary judgment, and directed the hearing officer to set

a briefing schedule on the motion.

 

5-0

P-A, NPDES

 

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

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

to request relief from the hearing requirement in this air enforcement action

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

newspaper notice.

 

5-0

W-E

PCB 05-63 People of the State of Illinois v. North Rockwell, L.L.C. – Upon receipt of a

proposed stipulation and settlement agreement and an agreed motion to request

relief from the hearing requirement in this air enforcement action involving a

Cook County facility, the Board ordered publication of the required newspaper

notice.

 

5-0

A-E

PCB 05-124 Mac’s Convenience Stores L.L.C. v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Sangamon County facility. The

Board granted David L. Hatchett’s motion for leave to appear

pro hac vice

on

behalf of petitioner.

 

5-0

UST Appeal

 

PCB 05-125 Red Rooster Corporation f/k/a Clark Retail Enterprises, Inc.) – The Board

accepted for hearing this underground storage tank appeal involving a Peoria

County facility.

5-0

UST Appeal

 

PCB 05-180 People of the State of Illinois v. ACI Environmental Corporation, an Illinois

corporation, and Asbestos Control, Inc., an Illinois corporation – The Board

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

DuPage County.

 

5-0

A-E

PCB 05-182 U.S. Minerals, L.L.C. v. IEPA – The Board accepted for hearing this permit

appeal involving a Montgomery County facility.

 

5-0

P-A, Air

 

PCB 05-183 Webb & Sons, Inc. v. IEPA – The Board accepted for hearing this underground

storage tank appeal involving a Coles County facility.

 

5-0

UST Appeal

 

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Environmental Register – April 2005

17

 

PCB 05-184 Harvey B. Whittaker v. IEPA – The Board ordered petitioner to file an amended

petition to cure noted deficiencies within 30 days, or this matter will be

dismissed.

 

5-0

UST Appeal

PCB 05-185 Johnson Oil Company v. IEPA – The Board granted this request for a 90-day

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

Douglas County facility.

5-0

UST Appeal

90-Day Ext.

 

 

New Cases

 

 

April 7, 2005 Board Meeting

05-168

People of the State of Illinois v. Home Depot U.S.A., Inc. – The Board accepted for hearing this public

water supply enforcement action involving a site located in Will County.

05-169

Geneseo Pork, Inc. (Livestock Waste Management Facilities) (Property Identification Number 09-03-200-

001-0011) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Geneseo Pork, Inc. located in Henry County are pollution control

facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).

05-170

Dumoulin Farms-Hampshire (Waste Management Facilities) (Property Identification Number 1-20-300-

001) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found

and certified that specified facilities of Dumoulin Farms-Hampshire located in Kane County are pollution control

facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).

05-171

Vincent Berghower (Livestock Waste Management Facilities) (Property Identification Number 90-13-06-

200-008) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Vincent Berghower located in Jasper County are pollution control

facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).

05-172

Paul B. Finley (Livestock Waste Management Facilities) (Property Identification Number 90-07-21-400-

006) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found

and certified that specified facilities of Paul B. Finley located in Jasper County are pollution control facilities for the

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

05-173

Lane Pork Corp. (Livestock Waste Management Facilities) (Property Identification Number 01-21-300-011

and 01-28-100-011) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation,

the Board found and certified that specified facilities of Lane Pork Corp. located in DeKalb County are pollution

control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10

(2002)).

05-174

Charles Schelkopf Finishing Operation (Livestock Waste Management Facilities (Property Identification

Number 25-01-400-002) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of Charles Schelkopf Finishing Operation

located in DeKalb County are pollution control facilities for the purpose of preferential tax treatment under the

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

05-175

County Line Pork (Livestock Waste Management Facilities) (Property Identification Number 25-01-400-

002) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found

and certified that specified facilities of County Line Pork located in Ogle County are pollution control facilities for

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

05-176

Luke Brummer (Livestock Waste Management Facilities (Property Identification Number 06-13-020-018)

v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and

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Environmental Register – April 2005

18

certified that specified facilities of Luke Brummer located in Effingham County are pollution control facilities for

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

05-177

Nancy Doterer (Livestock Waste Management Facilities) (Property Identification Number 11-33-200) v.

IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Nancy Doterer located in McLean County are pollution control facilities for the

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

05-178

Keith Richardson (Livestock Waste Management Facilities) (Property Identification Number 12-12-20-200-

002) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found

and certified that specified facilities of Keith Richardson located in Mercer County are pollution control facilities

for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).

05-179

Arthur Keller-Willow Hill (Livestock Waste Management Facilities) (Property Identification Number (94-

15-18-300-007) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that the livestock waste management facilities of Arthur Keller-Willow Hill located in

Jasper 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 dead animal

compost bin facilities, pending receipt of any petition for review by April 24, 2005.

05-180

People of the State of Illinois v. ACI Environmental Corporation, an Illinois corporation, and Asbestos

Control, Inc., an Illinois corporation – No action taken.

05-181

People of the State of Illinois v. Pattison Associates L.L.C. and 5701 South Calumet L.L.C. – The Board

accepted for hearing this air enforcement action involving a site located in Tazewell County.

AS 05-006

In the Matter of: Petition of Schaeffer Enterprises of Wolf Lake, Inc. for an Adjusted Standard from

Tire Storage Rules at 35 Ill. Adm. Code 848.202(b)(5) and 848.404 – Pending receipt of the certificate of

publication, the Board held this DuPage County facility’s petition for an adjusted standard from the Board’s

regulations for the management of used and waste tires.

AC 05-060

IEPA v. Ken Edwards – The Board accepted an administrative citation against this Macoupin County

respondent.

AC 05-061

IEPA v. Timothy Pearce – The Board accepted an administrative citation against this Clay County

respondent.

 

April 21, 2005 Board Meeting

05-182

Fruendt Crop Services, Inc. (Property Identification Number 11-26-03-300-010) v. IEPA – Upon receipt of

the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified

facilities of Fruendt Crop Services, Inc. located in Kankakee County are pollution control facilities for the purpose

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

05-183

Precision Pork, L.L.C. (Property Identification Number 12-14-29-200-003) v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities

of Precision Pork, L.L.C. located in Lee County are pollution control facilities for the purpose of preferential tax

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

05-184

Crest Automotive 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.

05-185

Ye Olde Glass Shoppe 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 Clark County facility.

AC 05-062

IEPA v. F.I.M., Inc. – The Board accepted an administrative citation against this Adams County

respondent.

AC 05-063

IEPA v. John R. Malloch – The Board accepted an administrative citation against this Champaign

County respondent.

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Environmental Register – April 2005

19

AC 05-064

IEPA v. Charles Bellemey and Willie Doucher – The Board accepted an administrative citation against

these Champaign County respondents.

AC 05-065

County of Montgomery v. Michael Schwab – The Board accepted an administrative citation against this

Montgomery County respondent.

 

Provisional Variances

 

IEPA 05-004 Natural Gas Pipeline Company – Station 311 v. IEPA

—The Illinois Environmental Protection

Agency granted this Piatt County facility a provisional variance, subject to conditions, from the hazardous waste

accumulation time limitations of Ill. Adm. Code 722.134(b) for the time period from April 13, 2005 through May

13, 2005.

 

Public Act 93-0152 (Senate Bill 222) amended Sections 35-37 of the Illinois Environmental Act (415 ILCS 5/5(b)

(2002)) so that provisional variances are issued by the Illinois Environmental Protection Agency (IEPA). If the

IEPA grants a provisional variance, then the IEPA must file a copy of its written decision with the Board. The

Board must maintain copies of the provisional variances for public inspection. Copies of provisional variances can

be obtained by contacting the Clerk’s Office at (312) 814-3620, or by visiting the Board’s Website at

www.ipcb.state.il.us. If the IEPA denies a provisional variance request, then the applicant may initiate a

proceeding with the Board for a full variance.

 

 

Calendar

 

 

5/5/05

11:00 AM

Illinois Pollution Control Board Meeting

Illinois Pollution Control Board

Board Room (1244 N)

1021 N. Grand Avenue East

Springfield

 

5/10/05

9:00 AM

PCB 04-12

Teresa L. Shepro, as Trustee of the

Justice W. Shepro Trust, and Teresa L.

Shepro and Frank Wiemerslage, as

beneficiaries under Trust No. 898 of the

Chicago Trust Company v. Newby Oil

Company, David E. Tripp and Janice L.

Tripp

City Hall Annex Council

Chambers

128 E. Railroad

Sandwich

5/17/05

1:00 PM

AS 05-4

In the Matter of: Petition of SCA Tissue

North America, LLC for an Adjusted

Standard from 35 Ill. Code 218.301 and

218.302(c)

James R. Thompson Center

Room 11-512

100 W. Randolph Street

Chicago

5/19/05

11:00 AM

Illinois Pollution Control Board Meeting

James R. Thompson Center

Hearing Room 9-040

100 W. Randolph Street

Chicago

 

5/27/05

10:00 AM

PCB 05-183

Webb & Sons, Inc. v. IEPA

Illinois Pollution Control Board

Hearing Room (1244 N)

1021 North Grand Avenue East

Springfield

---

Environmental Register – April 2005

20

6/2/05

11:00 AM

Illinois Pollution 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

 

6/14/05

10:00 AM

R05-19

In the Matter of: Proposed Amendments

to Exemptions From State Permitting

Requirements (35 Ill. Adm. Code

201.146)

Illinois Pollution Control Board

Hearing Room

1021 North Grand Avenue East

Springfield

6/16/05

11:00 AM

Illinois Pollution Control Board Meeting

James R. Thompson Center

Hearing Room 9-040

100 W. Randolph Street

Chicago

 

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Environmental Register – April 2005

NAME OF PUBLIC WATER

SUPPLY/COUNTY/FACILITY#

EPA

RGN

NATURE OF

PROBLEM

POP.

SERVED

LISTIN

G

DATE

 

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 April 1, 2005.

 

* 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.

SERVE

D

LISTING

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

 

* Alto Pass Water District (Union Co - 1815150) 7 Disinfection By-Products 1,031 01/15/05

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

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Environmental Register – April 2005

NAME OF PUBLIC WATER

SUPPLY/COUNTY/FACILITY#

EPA

RGN

NATURE OF

PROBLEM

POP.

SERVED

LISTIN

G

DATE

 

22

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

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Environmental Register – April 2005

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

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

* Hecker (Monroe Co - 1330150) 6 Disinfection By-Products 608 01/15/05

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

* Iola (Clay Co - 0250010) 7 Disinfection By-Products 140 01/15/05

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

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Environmental Register – April 2005

NAME OF PUBLIC WATER

SUPPLY/COUNTY/FACILITY#

EPA

RGN

NATURE OF

PROBLEM

POP.

SERVED

LISTIN

G

DATE

 

24

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

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

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Environmental Register – April 2005

NAME OF PUBLIC WATER

SUPPLY/COUNTY/FACILITY#

EPA

RGN

NATURE OF

PROBLEM

POP.

SERVED

LISTIN

G

DATE

 

25

* Panama (Bond Co - 0054720) 6 Disinfection By-Products 380 01/15/05

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

* Pittsfield (Pike Co - 1490750) 5 Disinfection By-Products 4,250 01/15/05

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

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

Sbdv Wtr Trust No #1 (Moecherville) (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

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Environmental Register – April 2005

NAME OF PUBLIC WATER

SUPPLY/COUNTY/FACILITY#

EPA

RGN

NATURE OF

PROBLEM

POP.

SERVED

LISTIN

G

DATE

 

26

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

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

---

Environmental Register – April 2005

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 April 1, 2005.

 

* 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 12/01/0 Ar

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

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

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

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Environmental Register – April 2005

NAME OF PUBLIC WATER

SUPPLY/COUNTY/FACILITY#

EPA

RGN

NATURE OF

PROBLEM

POP.

SERVED

LISTIN

G

DATE

 

28

 

 

La Salle (La Salle Co - 0990300) 1 Inadequate Source & 9,700 11/01/04

Plant Capacity

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

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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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