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

 

 

During the fall, the Board has moved forward with a number of rulemaking

dockets. I’ve described below recent activity in some of those. You can

find much more information about the Board’s activities through our Web

site at www.ipcb.state.il.us. The Clerk’s Office On-Line (COOL) provides

24-hour electronic access to the Board’s case files and docket information.

R 04-26 (Interim Phosphorus Effluent Standards): On September 15, 2005,

the Board sent to second notice a proposed interim phosphorus effluent

standard. The Illinois Environmental Protection Agency (IEPA) proposed

the interim phosphorus effluent standard to limit higher concentrations of

phosphorus that may result in detrimental levels of plant and algae growth in

waters of the state. Meanwhile, the IEPA and others are in the process of

developing scientific information to support a proposal for numeric water

quality nutrient standards. The IEPA expects to file a nutrient standards

rulemaking proposal with the Board in 2007.

In this rulemaking, IEPA proposes a total phosphorus limit of 1.0 milligram per liter (mg/L) as a monthly average.

Generally, the limit would apply to new or expanded discharges from wastewater treatment plants with either a

design average flow over 1.0 million gallons per day receiving municipal or domestic waste water, or a total

phosphorus effluent load of 25 pounds per day or more for treatment works other than those treating municipal or

domestic wastewater. But, the limit would not apply to sources demonstrating that phosphorus is not the limiting

nutrient in the receiving water or that alternative limits are warranted.

R 06-5, 06-06, 06-07 (USEPA Amendment): This consolidated identical-in-substance update includes federal

amendments to the underground injection control (UIC), RCRA Subtitle D (municipal solid waste landfill

(MSWLF)), and RCRA Subtitle C (hazardous waste) regulations.

During the update period, USEPA undertook three separate actions to amend the hazardous waste regulations (also

affecting the UIC and MSWLF regulations as indicated). First, USEPA adopted a new hazardous waste listing for

wastes from production of dyes; pigments; and food, drug, and cosmetic colorants. The amendments included land

disposal and underground injection restrictions. Second, USEPA modified the hazardous waste manifest system.

Third, USEPA amended the hazardous waste, municipal solid waste landfill, used oil, and hazardous waste

combustion rules to allow the use of alternative methods to "Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods," which is also called "SW-846." The amendments will require the use of SW-846

methods only when there is no viable alternative method.

R 06-9 (Procedural Rules – Definition of “Pollution Control Facility”): On October 20, 2005, the Board sent to

second-notice proposed amendments to its procedural rules to address three recent changes in the definition of

“pollution control facility” in the Environmental Protection Act (Act). The Board simply proposes amending the

definition of “pollution control facility” in its own rules to conform to Public Acts 93-0998, 94-0094, and 94-0249.

R 06-10 (Proposed Amendments to Tiered Approach to Corrective Action Objectives (TACO): On October 20,

2005, the Board accepted for hearing the IEPA’s proposed amendments to Tiered Approach to Corrective Action

Objectives (TACO). Generally, the TACO rules, which were adopted by the Board in 1997, are used at sites being

remediated in the Site Remediation Program (SRP), in the Leaking Underground Storage Tank (LUST) Program,

and under Resource Conservation and Recovery Act (RCRA) Part B Permits and Closures. The Board has amended

the TACO rules in the past. IEPA states that it has compiled these proposed revisions for the past five years. With

this proposal, IEPA intends to improve procedures, adopt new standards established for various contaminants,

update test methods, and adopt new toxicity criteria.

Information including 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 these proceedings and to 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 – October 2005

 

1

Inside This Issue:

 

 

FEDERAL UPDATE

  

  

  

P. 1

APPELLATE UPDATE

  

  

  

P. 3

RULE UPDATE

  

  

  

  

P. 6

BOARD ACTIONS

  

  

  

P. 9

NEW CASES

  

  

  

  

P. 17

BOARD CALENDAR

  

  

  

P. 18

RESTRICTED STATUS

  

  

  

P. 20

CRITICAL STATUS

  

  

  

P. 27

 

Federal Update

 

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

Prevention of Significant Deterioration Regulations for Nitrogen Oxides

On October 12, 2005 (70 Fed. Reg. 59581) the United States Environmental Protection Agency (USEPA) adopted

amendments to the regulations governing the Prevention of Significant Deterioration (PSD) of air quality from

emissions of nitrogen oxides (NOx). The amendments are based on a proposal published in the

Federal Register

on

February 23, 2005 (70 Fed. Reg. 8880).

In this final action, USEPA retained the existing nitrogen dioxide (NO2) increments as part of the PSD regulations.

These regulations are designed to preserve the air quality in national parks and other areas that are meeting the

national ambient air quality standards (NAAQS) for NO2. USEPA reevaluated the original NO2 increments in

response to a 1990 court ruling that directed it to consider and harmonize the statutory criteria for establishing PSD

regulations for NOx contained in sections 166(c) and 166(d) of the Clean Air Act (CAA). USEPA also amended the

PSD regulations to clarify that States otherwise meeting these requirements of the CAA may obtain approval to

employ alternative approaches to the existing increments for NO2.

In its February proposal, USEPA proposed three different approaches to amend the PSD regulations. The first

option, which the USEPA has adopted, proposed to maintain the existing NO2 increments along with other parts of

the existing framework of pollutant-specific PSD regulations for NO2. The options that were not adopted by the

USEPA offered different approaches to controlling NO2, through a cap and trade program (option 2), or by allowing

States to adopt their own planning strategies to meet the requirements of the CAA (option 3).

While the USEPA did decide to continue the PSD program substantially as it is currently run, it also incorporated

changes to the rules to make it clear that States may seek USEPA approval of State Implementation Plans (SIPs)

that utilize an alternative approach to the NO2 increments if the State can demonstrate that an alternative program

satisfies the requirements of sections 166(c) and 166(d) of the CAA and prevents significant deterioration from

emissions of NO2. States have always had the option to submit alternative approaches in their SIPs that can be

shown to be more effective than the minimum program el

simply making it clear in the regulations that States have the option to continue implementing the NO

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Environmental Register – October 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 Amendments to the Pretreatment Regulations for

Existing and New Sources of Pollution Under the Clean Water Act

On October 14, 2005 (70 Fed. Reg. 60133), the United States Environmental Protection Agency (USEPA) adopted

amendments to streamline the general pretreatment requirements for, and oversight of, industrial users who

introduce pollutants into Publicly Owned Treatment Works (POTWs). This final rule includes changes to make

certain program requirements consistent with National Pollutant Discharge Elimination System (NPDES)

requirements for direct dischargers to surface waters. USEPA stated that this rulemaking will reduce the regulatory

burden on both industrial users and state and POTW control authorities without adversely affecting environmental

protection and will allow states to better focus oversight resources on industrial users with the greatest potential for

affecting POTW operations or the environment.

To comply with requirements under the federal Clean Water Act, industrial users of POTWs must comply with

pretreatment standards prior to introducing pollutants into a POTW. POTWs are required to impose local limits to

prevent pass through of, and interference from, the pollutants discharged into their systems. USEPA’s general

pretreatment regulations include general prohibitions that forbid industrial users from causing pass through and

interference, and specific prohibitions against the discharge of pollutants that cause problems at the POTW such as

corrosion, fire or explosion, and danger to worker health and safety. USEPA has also developed national

categorical pretreatment standards that apply numeric pollutant limits to industrial users in specific industrial

categories. The general pretreatment regulations include reporting and other requirements.

This final rule:

1) Provides POTWs with the authority to grant monitoring waivers to industrial facilities that can

document pollutants are not present at the facility or anywhere in the wastestream. USEPA noted

that this authority is already available in the NPDES regulations for point sources discharging

directly to surface waters.

2) Authorizes POTWs to use general control mechanisms (e.g., permits) to regulate multiple industrial

dischargers that share common characteristics.

3) Clarifies that POTWs can use Best Management Practices (BMPs) as an alternative to numeric limits

that are developed to protect the POTW, water quality, and sewage sludge.

4) Clarifies certain requirements regarding the frequency of on-site industrial facility inspections to

evaluate the adequacy of controls for “Slug Discharges.”

5) Provides greater flexibility in the use of certain sampling techniques, and establishes greater

consistency with the sampling protocols in other parts of USEPA's regulations.

6) Provides the State with the discretion to authorize the use of equivalent concentration limits in lieu of

mass limits for certain industrial categories, and allows the conditional use of equivalent mass

limits in lieu of concentration-based limits where appropriate to facilitate adoption of new, water-

conserving technologies.

7) Authorizes POTWs to establish alternative sampling, reporting, and inspection requirements for certain

classes of categorical industrial users.

8) Clarifies the definition of significant noncompliance (SNC) as it applies to violations of instantaneous

and narrative requirements, and late reports, and provides additional options for publishing lists of

industrial facilities in SNC annually in the newspaper. The rule also retains existing rules and

policies regarding the application of Technical Review Criteria and the use of the “rolling quarter”

approach in determining SNC status.

9) Provides updated references relating to requirements that POTWs must meet to adjust removal credits

for combined sewer overflows.

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Environmental Register – October 2005

 

3

10) Makes other miscellaneous changes designed to maintain consistency with the NPDES regulations or

to correct typographical errors necessary to implement these categorical standards (40 CFR

403.12 (b)).

The adopted amendments are effective on November 14, 2005.

For further information contact Jan Pickrel, Water Permits Division, Office of Wastewater Management, Office of

Water, (4203), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;

telephone number: 202-564-7904, e-mail address: pickrel.jan@epa.gov. Greg Schaner, Water Permits Division,

Office of Wastewater Management, Office of Water, (4203), Environmental Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460; telephone number: 202-564-0721, e-mail address: schaner.greg@epa.gov.

The Board will include any necessary amendments to Board rules resulting from this federal action in a future

wastewater pretreatment identical in substance rulemaking pursuant to Section 7.2 13, and 13.3, of the

Environmental Protection Act (415 ILCS 5/7.2 13, and 13.3 (2004)).

 

Appellate Update

 

Third District Appellate Court Reverses Board Order Overturning Grant of Local Siting Approval for New

Landfill in Town & Country Utilities, Inc. and Kankakee Regional Landfill, LLC v. Illinois Pollution Control

Board, County of Kankakee, Edward D. Smith as State's Attorney of Kankakee County, the City of

Kankakee, Illinois City Council, Byron Sandberg, and Waste Management of Illinois, Inc.,

 

No. 3-03-0025

(September 7, 2005)(petitions for rehearing denied October 19, 2005)

 

(PCB 03-31, PCB 03-33, PCB 03-35

(cons.))

In a September 7, 2005 final unpublished 11-page order under Supreme Court Rule 23 (155 Ill.2d R. 23), one

justice concurring and one dissenting, the Third District Appellate Court reinstated the grant by the City of

Kankakee (City) of siting approval to the 2002 application for a new landfill made by Town and Country Utilities,

Inc. and Kankakee Regional Landfill (collectively, Town and Country). Town & Country Utilities, Inc. and

Kankakee Regional Landfill, LLC v. Illinois Pollution Control Board, County of Kankakee, Edward D. Smith as

State's Attorney of Kankakee County, the City of Kankakee, Illinois City Council, Byron Sandberg, and Waste

Management of Illinois, Inc., No. 3-03-0025 (September 7, 2005) (hereinafter Town and Country I). On October

19, 2005, the Third District denied separate petitions for rehearing filed by the Board, the County of Kankakee, and

Waste Management of Illinois, Inc. The court also denied the County's motion to publish the decision, so that the

Court’s rationale and conclusions could serve as helpful precedents in future cases. The parties may petition the

Supreme Court for leave to appeal on or before November 9, 2005.

In its decision in Town and Country I, the Court affirmed the Board’s finding that the City had conducted a

fundamentally fair siting procedure under Section 39.2 of the Environmental Protection Act (Act), 415 ILCS 5/39.2

(2004). But the Court reversed the Board’s determination that the City’s finding was against the manifest weight of

the evidence as to criterion 2 of Section 39.2. In other words, the Court found the City properly found that the

proposed “facility is so designed, located and proposed to be operated that the public health, safety, and welfare will

be protected.” 415 ILCS 5/39.2(a)(ii)(2004). In three consolidated third party appeals before it, the Board had

concluded that the record lacked evidence as to whether the groundwater under the proposed site was an aquifer,

rather than an aquitard. County of Kankakee and Edward D. Smith, States Attorney of Kankakee County v. City of

Kankakee, Illinois, The City of Kankakee, Illinois City Council, Town and Country Utilities, Inc. and Kankakee

Regional Landfill, L.L.C.; Byron Sandberg v. City of Kankakee, Illinois, The City of Kankakee, Illinois City

Council, Town and Country Utilities, Inc. and Kankakee Regional Landfill, L.L.C.; Waste Management of Illinois

v. City of Kankakee, Illinois, City Council, Town and Country Utilities, Inc. and Kankakee Regional Landfill,

L.L.C., PCB 03-31, PCB 03-33, PCB 03-35 (cons.) (January 1, 2003) (hereinafter Town and Country I, PCB 03-31,

PCB 03-33, PCB 03-35 (cons.)).

The decisions of the Board and Court in Town and Country I are reported below. There then follows a brief report

of a related appeal still pending before the Third District involving the same parties: third party appeals of the

Board’s 2004 decision affirming the City’s grant of siting approval to Town and Country’s subsequent application

in 2003.

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Environmental Register – October 2005

 

4

The Board’s Decision in Town & Country I, PCB 03-31, PCB 03-33, PCB 03-35 (cons.)

 

Town and Country first applied to the City for siting approval for a proposed landfill on March 13, 2002. The

proposed landfill consisted of approximately 400 acres located in Otto Township within the City’s municipal

boundaries. The County of Kankakee, Waste Management of Illinois, Inc. and Byron Sandberg each filed separate

petitions for review as allowed by Section 40.1 (b) of the Act. Petitioners variously alleged that (1) the City lacked

jurisdiction over the siting application due to alleged deficiencies in Town and Country’s service of notice of the

application as required by Section 39.2(b) of the Act; (2) the procedures used by the city to assess the application

were fundamentally unfair; and (3) that the City’s decision was against the manifest weight of the evidence as to

three of the nine siting criteria listed in Section 39.2 of the Act.

In its 31-page July 9, 2003 opinion and order, for reasons that will not be summarized here, the Board found that the

City did have jurisdiction over the application and that its procedures were fundamentally fair. The Board affirmed

the City’s decisions that the applicant had satisfied two out of the three challenged criteria: that the operation plan

minimized danger to the surrounding area, and that the facility was consistent with the County’s solid waste

management plan. 415 ILCS 5/39.2 (v) and (viii) (2004).

But, the Board reversed the City of Kankakee's decision that Town and Country had satisfied criterion ii of Section

39.2(a): that the proposed “facility is so designed, located and proposed to be operated that the public health, safety,

and welfare will be protected”. 415 ILCS 5/39.2(a)(ii)(2004). The Board found an absence of evidence in the local

siting record addressing the potential vertical flow of contaminants at the site or the prospect that groundwater under

the landfill is an aquifer rather than the assumed aquitard. The Board therefore held that the City's decision on

criterion ii was against the manifest weight of the evidence, concluding in summary that

Town & Country failed to address research indicating that the Silurian dolomite, upon which the

proposed landfill would rest, is an aquifer. Town & Country also failed to consider well log data

with a 2-mile radius of the site that indicated area wells draw water from the Silurian dolomite

aquifer. The evidence belies the findings of the tests on the single boring taken from the 236-acre

waste footprint. Town & Country’s scientifically unjustified assumption regarding the identity of

the Silurian dolomite resulted in the use of inaccurate information in its modeling and

groundwater impact evaluation. Consequently, Town & Country did not present sufficient details

to show that the landfill was designed, located and proposed to be operated to protect public

health, safety, and welfare. The evidence Town & Country did present was unreliable. Therefore,

the Board finds it is clearly evident that the City’s determination that Town & Country met the

requirements of criterion (ii) of Section 39.2 of the Act is against the manifest weight of the

evidence. Town and Country I, PCB 03-31, PCB 03-33, PCB 03-35 (cons.), slip op. at 27-28.

The Third District’s Order in Town and Country I

After a recitation of the facts of the case Town and Country I, slip op. at 1-4, the Third District's order first

addresses the issue of fundamental fairness. The Court first noted that it held in Land & Lakes v. Pollution Control

Board, 319 Ill. App. 3d 41, 48 (2000) that “Board determinations that the siting hearing proceedings were

fundamentally fair are subject to

de novo

review. But, the Court went on to acknowledge the Board’s argument that

this analysis was no longer effective since the decision of the Illinois Supreme Court in AFM Messenger, Inc. v.

Dept. of Employment Security, 198 Ill. 2d 380 (2001), where the more deferential “clearly erroneous” standard was

applied to a mixed question of law and fact. The court then stated that “[p]ursuant to AFM Messenger, we will

affirm the Board’s decision unless it is against the manifest weight of the evidence.”

Id

., slip op. at 5. The court

considered arguments that several circumstances caused fundamental unfairness, including various alleged

deficiencies in the conduct of the hearing, and

ex parte

contacts. The court concluded that “[o]n the issue of

fundamental fairness, we find no basis upon which to overturn the decision of the [City] Council.”

Id.

, slip op. at 5.

The court begins its analysis of the issues involving the statutory criteria by citing a statement in Concerned

Adjoining Owners v. Pollution Control Board, 288 Ill. App. 3d 565, 576. (1997) that “[o]n review, the court is

limited to a determination of whether the siting authority’s decision was contrary to the manifest weight of the

evidence.” Id., slip op. at 7-8. The court then concluded that “[I]t is clear by this statement that the court is not

reviewing the decision of the PCB."

Id

., slip op. at 8. In a lengthy footnote following this remark, the court

suggests

There is some dispute as to the standard of review an appellate court will apply to the ruling of the

PCB.

See

, Turlek v. Pollution Control Board, 274 Ill. App. 3d 244, 249 (1995) (“On review, we

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Environmental Register – October 2005

 

5

are to determine whether the Board’s decision is against the manifest weight of the evidence.”):

File v. D&L Landfill, Inc., 219 Ill. App. 3d 897, 901 (1991) (“Standard of review to be exercised

by the [PCB] and this court is whether, respectively, the decision of the county board and [PCB]

are contrary to the manifest weight of the evidence.”). But

see

Concerned Adjoining Owners v.

Pollution Control Board, 288 Ill. App. 3d 565 (1997); Waste Management of Illinois v. Pollution

Control Board, 160 Ill. App. 3d 434 (1987); City of Rockford v. Pollution Control Board, 125 Ill.

App. 3d 384 (1984). The manifest weight of the evidence standard of review is applicable to a

tribunal with an adjudicatory function that is called upon to weigh evidence. It is not applicable to

a tribunal which reviews the decision of an adjudicatory body. If an appellate court were to

review both the local body and the PCB under manifest weight of the evidence standard of

review, it might have to affirm two contradictory decision (sic). A situation could arise where

both the decision of the local body and the decision of the PCB were each supported by evidence.

Indeed the hallmark of the manifest weight of the evidence standard of review is that the evidence

could support two opposite conclusions, and only when an opposite conclusion to that reached by

the adjudicatory body is clearly apparent is the decision against the manifest weight of the

evidence.

Id.

, slip op. at 8, n.1.

In reviewing the parties’ arguments as to the statutory criteria, the court does not evaluate any of the Board’s

rationale for decision. Instead, the court appears to go on to review the City's decision directly, using a "manifest

weight of the evidence" standard, as if there were no Board decision.

As to criterion two, the court stated

In the instant matter, extensive expert testimony came before the [City] Council, both in favor of

and in opposition to the proposed site. Ultimately, a dispute developed over whether the site was

an aquifer or an aquitard, and the public health consequences of the answer. On appeal, the

parties expend much effort to explain why one expert or the other was more credible and ask this

court to actually determine wither the site was an aquifer or an aquitard. In the final analysis,

however, the decision belongs to the [City] Council, and nothing in the record would support a

conclusion that the Council’s finding was against the manifest weight of the evidence.

Id.

, slip

op. at 9-10.

The court reached a similar result as to criterion 8, finding that “it cannot be said that the conclusion of the Council

on this criterion [consistency with the county solid waste management plan] was against the manifest weight of the

evidence.”

Id

., slip op. at 9-10.

The ultimate conclusion of the court then was that the City’s decision approving siting

was fundamentally fair and not contrary to the manifest weight of the evidence. Accordingly, the

order of the Illinois Pollution Control Board overturning the decision of the city council is

reversed and the decision of the city council is reinstated.

Id.

, slip op. at 11.

Dissenting opinion. In his short, written dissent, Justice Barry observes that the appeal was brought under Section

41(b) of the Act. Under that section,

“any final order of the Board shall be based solely on the evidence in the record of the particular

proceeding involved, and an such final order for permit appeals shall be invalid if it is against the

manifest weight of the evidence. 415 ILCS 5/41(b)(West 2000). As recognized by our Supreme

Court in Environmental Protection Agency v. Pollution Control Board (115 Ill.2d 65, 70, 503

N.E. 2d 343, 345-46 (1986)), it is the duty of this court, under the plain language of section 41(b),

to evaluate all the evidence in the record to determine if the Pollution Control Board's findings

were contrary to the manifest weight of the evidence.

Parties’ Post-Decision Filings

 

On September 28, 2005, the Board filed a petition for rehearing with the Third District, requesting that it revisit the

issue of the standard of review to be applied consistent with Section 41(b) of the Act. As previously stated, other

parties also requested further review of this and other issues. On October 19, 2005, the Third District denied all

petitions for rehearing, as well as the County’s motion for publication of the Rule 23 order.

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Environmental Register – October 2005

 

6

Under Supreme Court Rule 315(b), any petitions for leave to appeal must be filed with the Illinois Supreme Court

on or before November 9, 2005 (i.e. within 21 days after denial of the petitions for rehearing). The Board is

considering this option.

Related Appeal Pending before the Third District: Town and Country II

The Court’s decision in Town and Country I may resolve a still-pending related appeal before it. Town & Country

Utilities, Inc. and Kankakee Regional Landfill, LLC v. Illinois Pollution Control Board, County of Kankakee,

Edward D. Smith as State's Attorney of Kankakee County, the City of Kankakee, Illinois City Council, Byron

Sandberg, and Waste Management of Illinois, Inc., No. 3-04-0285(hereinafter Town and Country II). Town and

Country II involves petitions for review of the Board’s affirmance of the City's 2004 decision to approve Town &

Country's subsequent, 2003 siting application. n Byron Sandberg v. City of Kankakee, Illinois, The City of

Kankakee, Illinois City Council, Town and Country Utilities, Inc. and Kankakee Regional Landfill, L.L.C.; Waste

Management of Illinois v. City of Kankakee, Illinois, City Council, Town and Country Utilities, Inc. and Kankakee

Regional Landfill, L.L.C.; County of Kankakee and Edward D. Smith, States Attorney of Kankakee County v. City

of Kankakee, Illinois, The City of Kankakee, Illinois City Council, Town and Country Utilities, Inc. and Kankakee

Regional Landfill, L.L.C., PCB 04-33, PCB 04-34, PCB 04-35 (cons.) (March 18, 2004) In its 2003 reapplication,

Town & Country addressed the groundwater evaluation shortcomings identified by the Board in Town & Country I.

In 2003, Town & Country characterized the site as sitting atop an aquifer and modeled for groundwater impacts

from the vertical flow of contaminants.

The parties are still in the process of briefing the Town & Country II appeal, and considering the effects on it of the

court’s decision in Town & Country I.

 

Rule Update

 

 

Board Adopts Consolidated Proposal for Public Comment in UIC Correction, USEPA Amendments

(January 1, 2005 through June 30, 2005); RCRA Subtitle D Update, USEPA Amendments (January 1, 2005

through June 30, 2005); RCRA Subtitle C Update, USEPA Amendments (January 1, 2005 through June 30,

2005) (R06-5/R06-6/R06-7) consolidated

On October 20, 2005, the Board adopted a consolidated proposal for public comment in UIC Correction, USEPA

Amendments (January 1, 2005 through June 30, 2005); RCRA Subtitle D Update, USEPA Amendments (January 1,

2005 through June 30, 2005); RCRA Subtitle C Update, USEPA Amendments (January 1, 2005 through June 30,

2005) (R06-5/R06-6/R06-7) consolidated. This identical-in-substance rulemaking consists of three separate

consolidated dockets and proposes amendments to update the Illinois underground injection control (UIC),

municipal solid waste landfill (MSWLF), and hazardous waste regulations. The United States Environmental

Protection Agency (USEPA) adopted the amendments prompting the Board’s action during the period of January 1,

2005, through June 30, 2005. This rulemaking proposes identical-in-substance amendments to 35 Ill. Adm. Code

720 through 725, 728, and 738, and also makes a series of non-substantive corrections and stylistic revisions. The

Board filed the proposed amendments with the Secretary of State’s Index Department for publication in the

November 4, 2005 issue of the

Illinois Register

. The Board will accept comments on this proposal for 45 days,

through December 19, 2005.

The Board’s October 20, 2005 opinion and the related order propose identical-in-substance amendments in three

distinct program areas:

1) Under Sections 7.2 and 13(c) of the Environmental Protection Act (Act) (415 ILCS 5/7.2 and

13(c) (2002)), the Board proposes amendments to the Illinois regulations that are “identical in

substance” to underground injection control regulations that the USEPA adopted to implement

Section 1421 of the federal Safe Drinking Water Act (SDWA) (42 U.S.C. § 300h (2003)). The

federal UIC regulations are found at 40 C.F.R. 144 through 148.

2) Under Sections 7.2 and 22.40(a) of the Environmental Protection Act (Act) (415 ILCS 5/7.2 and

22.4(a) (2002)) require the Board to adopt regulations that are “identical in substance” to MSWLF

regulations adopted by the USEPA. These USEPA rules implement Subtitle D of the federal

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Environmental Register – October 2005

 

7

Resource Conservation and Recovery Act of 1976 (RCRA Subtitle C) (42 U.S.C. §§ 6941

et seq

.

(2003)). The federal RCRA Subtitle D MSWLF regulations are found at 40 C.F.R. 258.

3) Under Sections 7.2 and 22.4(a) of the Environmental Protection Act (Act) (415 ILCS 5/7.2 and

22.4(a) (2002)) require the Board to adopt regulations that are “identical in substance” to

hazardous waste regulations adopted by the USEPA. These USEPA rules implement Subtitle C of

the federal Resource Conservation and Recovery Act of 1976 (RCRA Subtitle C) (42 U.S.C. §§

6921

et seq

. (2003)). The federal RCRA Subtitle C hazardous waste management regulations are

found at 40 C.F.R. 260 through 266, 268, 270, 271, 273, and 279.

Sections 13(c), 22.40(a), and 22.4(a) also provide that Title VII of the Act and Section 5 of the Administrative

Procedure Act (5 ILCS 100/5-35 and 5-40 (1998)) do not apply to the Board’s adoption of identical-in-substance

regulations.

The Board found that, due to the closely related nature of the three identical-in-substance dockets, consolidation of

the three dockets would allow for the most expeditious and efficient implementation of all sets of amendments. The

docket R06-5 amendments are the UIC aspects of the hazardous waste-related actions in the RCRA Subtitle C

update docket R06-7, and the docket R06-6 actions are the MSWLF aspects of the hazardous waste-related actions

in the RCRA Subtitle C update docket R06-7.

The Board acted on federal amendments published on February 24, 2005 (70 Fed. Reg. 9138), March 4, 2005 (70

Fed. Reg. 10776), June 14, 2005 (70 Fed. Reg. 34538), June 14, 2005 (70 Fed. Reg. 34538), June 16, 2005 (70 Fed.

Reg. 35032), June 16, 2005 (70 Fed. Reg. 35034), and August 1, 2005 (70 Fed. Reg. 44150)

USEPA amended the federal UIC regulations once during the period January 1, 2005, through June 30, 2005. On

February 24, 2005 (70 Fed. Reg. 9138), USEPA adopted a new hazardous waste listing for wastes from production

of dyes, pigments, and food, drug, and cosmetic colorants (K181 wastes). The amendments included land disposal

and underground injection restrictions. This action also applied to the RCRA Subtitle C regulations.

The RCRA Subtitle D regulations were amended on June 14, 2005 (70 Fed. Reg. 34538). USEPA amended the

hazardous waste, municipal solid waste landfill, used oil, and hazardous waste combustion rules to allow the use of

alternative methods to “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” which is also

called “SW-846.” The amendments require the use of SW-846 methods only when there is no viable alternative

method. USEPA included a series of clarifications and technical corrections to the rules. This action also applied to

the RCRA Subtitle C regulations.

The RCRA Subtitle C regulations were amended an additional three times during the period January 1, 2004

through June 30, 2004. On March 4, 2005 (70 Fed. Reg. 10776) USEPA modified the hazardous waste manifest

system. On June 16, 2005 (70 Fed. Reg. 35032), USEPA issued corrections to typographic errors in its February

24, 2005 (70 Fed. Reg. 9138) hazardous waste listing for wastes from production of dyes, pigments, and food, drug,

and cosmetic colorants. Finally, on June 16, 2005 (70 Fed. Reg. 35034) USEPA issued non-substantive corrections

to its March 4, 2005 (70 Fed. Reg. 10776) modifications to the hazardous waste manifest system.

The Board engages in ongoing monitoring of federal actions, and had identified one other USEPA action since

June 30, 2005 that further amended the RCRA Subtitle D MSWLF and RCRA Subtitle C hazardous waste rules in a

way that would require immediate Board attention. On August 1, 2005 (70 Fed. Reg. 44150) USEPA issued non-

substantive corrections to its June 14, 2005 (70 Fed. Reg. 34538) amendments (which allowed the use of alternative

methods to SW-846). Because this correction directly affects amendments that are being considered in this

consolidated docket, the Board included the corrections in the current round of amendments.

In addition to the amendments to the federal UIC, RCRA Subtitle D MSWLF, and RCRA Subtitle C regulations,

USEPA amendments to certain other federal regulations occasionally have an effect on the Illinois hazardous waste

rules. Most notably, 35 Ill. Adm. Code 720.111 includes several incorporations of federal regulations by reference.

The incorporated regulations include segments of various USEPA environmental regulations and United States

Department of Transportation hazardous materials transportation regulations that USEPA has incorporated into the

federal hazardous waste rules.

The latest available version of the

Code of Federal Regulations

is now the 2004 edition (issued January 1, 2005) for

Title 10 (Nuclear Regulatory Commission (NRC)), the 2005 edition (issued July 1, 2005) for Titles 33 (U.S. Coast

Guard (Coast Guard)) and 40 (USEPA), and the 2004 edition (issued October 1, 2004) for Title 49 (U.S.

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Environmental Register – October 2005

 

8

Department of Transportation (USDOT)). Each of these is incorporated by reference in Section 720.111 of the

hazardous waste regulations. Title 40 is also incorporated by reference in Section 810.104 of the non-hazardous

waste landfill regulations. The Board amended the incorporations of these federal regulations by reference to

include those editions of the

Code

. This will assure that all USDOT amendments through September 30, 2004, all

NRC regulations through December 31, 2004, and all Coast Guard and USEPA amendments through June 30, 2005,

will be included in the incorporations of the pertinent regulations by reference.

The hazardous waste regulations also incorporate segments of federal statutes by reference. The Board’s review

included a search for the latest version of each federal statute that is incorporated. The latest version of Section 11

of the Atomic Energy Act of 1954 (42 USC 2014) includes amendments through January 23, 2000. The latest

version of Sections 201(v), 201(w), and 512(j) of the Federal Food, Drug, and Cosmetic Act (21 USC 321(v),

321(w), and 360b(j)) includes amendments through January 2, 2001. The latest version of Section 1412 of the

Department of Defense Authorization Act of 1986 (50 USC 1521(j)(1)) includes amendments through January 24,

2000. The present amendments assure that the incorporations of segments of the

United States Code

by reference

include these latest versions of the text.

Copies of the Board’s opinion and order in R06-5 may be obtained by calling Dorothy Gunn at 312-814-3620, or by

downloading copies from the Board’s Web site at www.ipcb.state.il.us.

For additional information contact Michael J. McCambridge at 312-814-6924; e-mail address

mccambm@ipcb.state.il.us

Board Adopts Second Notice Opinion and Order in Amendments to the Procedural Rules - "Pollution

Control Facility" Definition Under P.A. 93-0998, P.A. 94-0094, and P.A. 94-0249 (35 Ill. Adm. Code 101.202)

(R06-09)

 

On October 20, 2005, the Board adopted a second notice opinion and order in Amendments to the Procedural Rules

- "Pollution Control Facility" Definition Under P.A. 93-0998, P.A. 94-0094, and P.A. 94-0249 (35 Ill. Adm. Code

101.202) (R06-09). This rulemaking was opened by the Board solely to amend the definition of “pollution control

facility” to incorporate recent statutory changes. The Board did not receive any comments on its first notice

proposal, published in the

Illinois Register

on August 26, 2005 at 29 Ill. Reg. 13174, and made no changes to the

first notice proposal. The Board has sent the rulemaking, pursuant to the Illinois Administrative Procedure Act (5

ILCS 100/1-1

et seq.

(2004)), to the Joint Committee on Administrative Rules for its review at the November 15,

2005 JCAR meeting.

The statutory changes that were covered in this rulemaking were as follows:

Public Act 93-0998 (P.A. 93-0998, eff. Aug. 23, 2004) added a 14th exception to the definition of “pollution control

facility” that excludes the portion of a site or facility that accepts, separates, and processes uncontaminated broken

concrete, provided that the materials are not stored for more than one year at the site and that they are recycled back

to useable form.

Public Act 94-0094 (P.A. 94-0094, eff. July 1, 2005) also amended the Act’s definition of “pollution control

facility.” Specifically, P.A. 94-0094 amended the existing exemption from that definition for “the portion of a site

or facility accepting exclusively general construction or demolition debris, located in a county with a population

over 700,000, and operated and located in accordance with Section 22.38 of this Act” 415 ILCS 5/3.330(a)(13)

(2004). P.A. 94-0094 limits that exemption to counties that had reached the population threshold of 700,000 “as of

January 1, 2000.”

Public Act 94-0249 (P.A. 94-0249, eff. July 19, 2005) added a 15th exception to the definition of “pollution control

facility” to include:

the portion of a site or facility located in a county with a population over 3,000,000 that has

obtained local siting approval under Section 39.2 of this Act for a municipal waste incinerator on

or before July 1, 2005 and that is used for a non-hazardous waste transfer station.

The Board is incorporating these statutory changes by adding the new exceptions to the definition of “pollution

control facility” in Section 101.202. No other changes were proposed in this rulemaking. Because this proposal

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Environmental Register – October 2005

 

9

amends only a definition contained in the Board’s procedural rules, the Board did not hold a hearing on this matter.

See

415 ILCS 5/26 (2004).

Copies of the Board’s opinion and order in R06-09 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 Tim Fox at 312-814-6085; e-mail address foxt@ipcb.state.il.us

 

Board Accepts Proposal for Hearing in Proposed Amendments to Tiered Approach to Corrective Action

Objectives (35 Ill. Adm. Code 742) (R06-10)

 

On October 20, 2005, the Board accepted for hearing a proposal filed by the Illinois Environmental Protection

Agency (IEPA) on September 30, 2005. The proposal seeks to amend the Board’s Tiered Approach to Corrective

Action Objectives (TACO) regulations to update and make clarifications to the existing rules. Additionally, the

IEPA stated that technical documents that were used in drafting the rules have been updated, necessitating

amendments to the rules.

The IEPA explained in its Statement of Reasons that the proposal includes amendments that originated from several

different sources, including comments from the regulated community to improve procedures to new standards

established for various contaminants. The amendments also seek to incorporate updated test methods, and new

toxicity criteria. IEPA stated that the purpose of the proposed amendments is to update and improve standards and

procedures so that end users of the rules can achieve accurate data results that are protective of human health.

The TACO regulations are standards that are used to develop remediation objectives based on various risks to

human health posed by environmental conditions at a site. These regulations are most commonly used at sites

undergoing remediation through the Site Remediation Program, the Leaking Underground Storage Tank (LUST)

Program, and through the Resource Conservation and Recovery Act Part B Permits and Closures.

Prior to filing the proposal with the Board, IEPA stated that it sent a draft of the proposed amendments to the

Illinois Environmental Regulatory Group and the Site Remediation Advisory Committee for comment. The IEPA

believed that the proposal was well received by the regulated community.

The Board has assigned a hearing officer, who is in the process of scheduling hearings.

Copies of the Board’s opinion and order in R06-10 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 Richard McGill at 312-814-6983; e-mail address mcgillr@ipcb.state.il.us

 

Board Actions

 

 

October 6, 2005

Springfield, Illinois

 

Administrative Citations

AC 04-78 IEPA v. Daniel Pauley – In response to a joint stipulation and settlement

agreement in this administrative citation action involving a St. Clair County

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

Environmental Protection Act (415 ILCS 5/21(p)(3) (2004)) 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 415 ILCS 5/21(p) (1), (p)(4) (2004).

4-0

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Environmental Register – October 2005

 

10

 

AC 05-2 IEPA v. Lester Smith – The Board granted respondent’s motion to withdraw his

August 17, 2004 petition for review. The Board found that this Massac County

respondent violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2004)),

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

 

4-0

AC 05-29 IEPA v. Charles L. Riggins – The Board granted respondent’s motion to

withdraw his November 3, 2004 petition for review. The Board found that this

Mason County respondent violated Sections 21(p)(1) of the Act (415 ILCS

5/21(p)(1) (2004)), and ordered respondent to pay a civil penalty of $1,500.

 

4-0

AC 05-74 IEPA v. Linda Holmes – The Board granted complainant’s motion for voluntary

dismissal of this administrative citation.

 

4-0

AC 06-4 County of Perry v. Charles Tilley – The Board found that this Perry County

respondent violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2004)),

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

 

4-0

AC 06-5 County of Perry v. Debbie Melvin – The Board found that this Perry County

respondent violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2004)),

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

 

4-0

AC 06-6 County of Perry v. Joseph Gassell – The Board found that this Perry County

respondent violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2004)),

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

 

4-0

AC 06-7 County of Perry v. William Campbell, Jr. – The Board found that this Perry

County respondent violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1)

(2004)), and ordered respondent to pay a civil penalty of $1,500.

4-0

 

 

Decisions

PCB 04-84 People of the State of Illinois v. Paramount Developers, Inc. – In this water

enforcement action concerning a DuPage 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) (2004)), accepted a stipulation and

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

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

 

4-0

W-E

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Environmental Register – October 2005

 

11

 

PCB 05-149 People of the State of Illinois v. Truserv Corporation d/b/a True Value

Manufacturing 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) (2004)),

accepted a stipulation and settlement agreement, and ordered the respondent to

pay a total civil penalty of $30,000, and to cease and desist from further

violations.

 

4-0

A-E

PCB 05-221 People of the State of Illinois v. Ron Freeman individually and d/b/a Harbor

Lites-Pistakee Fishing Club – In this public water supply 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) (2004)), 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.

 

4-0

PWS-E

PCB 06-5 People of the State of Illinois v. GKN Aerospace North America, Inc. – In this

land enforcement action concerning a St. Clair 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) (2004)), accepted a stipulation and

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

$22,000, and to cease and desist from further violations.

4-0

L-E

 

Motions and Other Matters

PCB 99-134 People of the State of Illinois v. Peabody Coal Company, L.L.C. – The Board

granted respondent’s motion to substitute party.

 

4-0

W-E

PCB 02-64 McNeill Twins Oil Company v. IEPA – The Board granted petitioner’s motion

for voluntary dismissal of this underground storage tank appeal involving a

Whiteside County facility.

 

4-0

UST Appeal

 

PCB 02-105 Board of Trustees of Southern Illinois University Governing Southern Illinois

University, Edwardsville v. IEPA – The Board denied respondent’s motion for

reconsideration of its August 4, 2005 Board order, ordering the IEPA to issue an

NPDES permit, subject to condition.

 

4-0

P-A, NPDES

PCB 02-158 Village of Findlay v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this permit appeal involving a Shelby County facility.

 

4-0

P-A, NPDES

 

PCB 04-10

PCB 04-11

(cons.)

Illinois State Toll Highway Authority (Belvidere North CACR) v. IEPA – The

Board granted petitioner’s motion for voluntary dismissal of these consolidated

underground storage tank appeals involving a Boone County facility.

 

4-0

UST Appeal

 

PCB 05-28 People of the State of Illinois v. Color Communications, Inc. – Upon receipt of a

proposed stipulation and settlement agreement and an agreed motion to request

4-0

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Environmental Register – October 2005

 

12

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

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

notice.

 

A-E

PCB 05-36 Bunker Hill Amoco v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this underground storage tank appeal involving a

Macoupin County facility.

 

4-0

UST Appeal

 

PCB 05-95 People of the State of Illinois v. Wienmar, 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 Kane County

facility, the Board ordered publication of the required newspaper notice.

 

4-0

A-E

PCB 05-208 Robert Bennett 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 Lake County facility.

 

4-0

UST Appeal

 

PCB 05-209 Larry’s Automotive 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 Madison County facility.

 

4-0

UST Appeal

 

PCB 05-215 People of the State of Illinois v. First Rockford Group, Inc., Village of Cherry

Valley, Heritage Engineering, Ltd, and Schlichting & Sons Excavating, 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 Winnebago County facility, the Board ordered

publication of the required newspaper notice.

 

4-0

PWS-E

PCB 06-18 Gold Star FS, Inc. (Lyndon Facility) (Property Identification No. 15-15-302-006)

v. IEPA – Because the Board did not receive any petition for review of the

IEPA’s recommendation to deny certification, consistent with the IEPA’s

recommendation, the Board declined to certify that certain Gold Star FS, Inc.

facilities are pollution control facilities and dismissed this matter.

 

4-0

T-C

PCB 06-21 Gold Star FS, Inc. (Erie Facility) (Property Identification No. 20-05-152-005) v.

IEPA – Because the Board did not receive any petition for review of the IEPA’s

recommendation to deny certification, consistent with the IEPA’s

recommendation, the Board declined to certify that certain Gold Star FS, Inc.

facilities are pollution control facilities and dismissed this matter.

 

4-0

T-C

PCB 06-23 Okawville Farmers Elevator Co. (Property Identification No. 12-06-20-478-013)

v. IEPA – Because the Board did not receive any petition for review of the

IEPA’s recommendation to deny certification, consistent with the IEPA’s

recommendation, the Board declined to certify that certain Okawville Farmers

Elevator Co. facilities are pollution control facilities and dismissed this matter.

 

4-0

T-C

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Environmental Register – October 2005

 

13

PCB 06-25 William Breuer v. IEPA – The Board granted petitioner’s motion to amend his

petition for review of final IEPA Leaking Underground Storage Tank Decision

and accepted the amended petition.

 

4-0

UST Appeal

PCB 06-42 People of the State of Illinois v. Waste Management of Illinois, Inc. – The Board

accepted for hearing this land enforcement action involving a site located in Lee

County.

 

4-0

L-E

PCB 06-43 Sangamon Valley Farm Supply v. IEPA and Village of Saybrook, Illinois – The

Board accepted for hearing this petition for water well setback exception

involving a site located in McLean County.

 

4-0

WWS

PCB 06-44 People of the State of Illinois v. Weis Builders, Inc. – The Board accepted for

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

Will County.

 

4-0

PWS-E

PCB 06-45 People of the State of Illinois v. Ecolab, Inc. and Charles A. Winslett – The

Board accepted for hearing this land and water enforcement action involving a

site located in Tazewell County.

 

4-0

L&W-E

PCB 06-46 People of the State of Illinois v. Osborne Homes, Inc. – The Board accepted for

hearing this water enforcement action involving a site located in Madison

County.

 

4-0

W-E

PCB 06-47 Eaves Auto Repair 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

Ford County facility.

4-0

UST Appeal

90-Day

Ext.

 

October 20, 2005

Chicago, Illinois

 

Rulemakings

R06-5

R06-6

R06-7

(cons.)

In the Matter of: UIC Corrections, USEPA Amendments (January 1, 2005

through June 30, 2005); In the Matter of: RCRA Subtitle D Update, USEPA

Amendments (January 1, 2005 through June 30, 2005); In the Matter of: RCRA

Subtitle C Update, USEPA Amendments (January 1, 2005 through June 30,

2005) – The Board adopted a proposal for public comment in this consolidated

“identical-in-substance” rulemaking to amend the Board’s underground injection

control, municipal solid waste landfill, and hazardous waste regulations.

 

5-0

R, Land

R06-9 In the Matter of: Amendments to the Procedural Rules – “Pollution Control

Facility” Definition Under P.A. 93-0998, P.A. 94-0094, and P.A. 94-0249 (35

5-0

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Environmental Register – October 2005

 

14

Ill. Adm. Code 101.202) – The Board adopted for second notice its own proposal

to amend its procedural rules. The proposed rules will reflect three recent

amendments to the definition of “pollution control facility” in the Environmental

Protection Act (Act) (415 ILCS 5/1

et seq

. (2004)).

 

R, Proc.

Rules

 

R06-10 In the Matter of: Proposed Amendments to Tiered Approach to Corrective

Action Objectives (35 Ill. Adm. Code 742) – The Board accepted for hearing the

Illinois Environmental Protection Agency September 30, 2005 proposal to amend

the Board’s land pollution control regulations.

 

5-0

R, Land

 

Adjusted Standards

AS 05-2 In the Matter of: Petition of the Village of Bensenville for an Adjusted Standard

from 35 Ill. Adm. Code 620.410 Regarding Chloride – The Board granted this

DuPage County petitioner an adjusted standard, with conditions, from the

chloride Class I groundwater quality standard.

 

5-0

PWS

AS 06-1 In the Matter of: Petition of Lafarge Midwest, Inc. for an Adjusted Standard

from 35 Ill. Adm. Code 739.161 Pursuant to 35 Ill. Adm. Code 720.132 and

720.133 – The Board directed petitioner to file an amended petition to cure noted

deficiencies within 45 days from the date of this order, or the Board will dismiss

this matter.

5-0

Land

 

Administrative Citations

AC 05-20 IEPA v. John Groff – The Board entered an interim opinion and order finding

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

5/21(p)(1), (p)(3), (p)(7) (2004)) and assessing a penalty of $4,5000. The Board

ordered the Clerk of the Board and the Environmental Protection Agency to file

within 14 days a statement of hearing costs, supported by affidavit, with service

on respondent. The Board will then issue a final order assessing hearing costs.

 

5-0

AC 06-8 County of Ogle v. Thomas Ray Ramando d/b/a Oregon Iron Metal Reclaimers,

Inc. – The Board found that this Ogle County respondent violated Sections

21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2004)), and ordered

respondent to pay a civil penalty of $3,000.

5-0

 

Decisions

PCB 05-28 People of the State of Illinois v. Color Communications, 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) (2004)), accepted a stipulation and

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

$90,000 and to cease and desist from further violations.

 

5-0

A-E

 

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Environmental Register – October 2005

 

15

 

PCB 05-95 People of the State of Illinois v. Wienmar, Inc d/b/a Marble Works – In this air

enforcement action concerning a Kane 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) (2004)), accepted a stipulation and

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

$55,000 and to cease and desist from further violations.

 

5-0

A-E

PCB 05-200 People of the State of Illinois v. Greg Rudeen individually and d/b/a Rock River

Townhomes and d/b/a Rudeen and Associates – In this water enforcement action

concerning a Winnebago 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) (2004)), accepted a stipulation and settlement agreement,

and ordered the respondent to pay a total civil penalty of $8,000 and to cease and

desist from further violations.

 

5-0

W-E

PCB 06-4 People of the State of Illinois v. Leonard Foster d/b/a Rivercrest Mobile Home

Park – In this public water supply enforcement action concerning a Kankakee

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) (2004)),

accepted a stipulation and settlement agreement, and ordered the respondent to

pay a total civil penalty of $10,000 and to cease and desist from further

violations.

5-0

PWS-E

 

Motions and Other Matters

PCB 00-104 People of the State of Illinois v. The Highlands, L.L.C. and Murphy Farms, Inc.

– The Board granted respondent Murphy Farms leave to withdraw the alleged

statutes of limitations defense. The Board granted complainant’s motion to strike

Murphy Farms’ alleged affirmative defense that the odor air pollution claims in

count III are unconstitutionally vague. Finally, the Board directed Murphy

Farms to file an amended pleading by November 19, 2005, or the Board will

strike the affirmative defense of

laches

.

 

5-0

A-E

PCB 04-13 People of the State of Illinois v. Intermatic Incorporated – 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

McHenry County facility, the Board ordered publication of the required

newspaper notice.

 

5-0

A-E

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

Gallegos – 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 Cook County facility, the Board ordered

publication of the required newspaper notice.

 

5-0

L-E

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Environmental Register – October 2005

 

16

 

PCB 05-49 Morton F. Dorothy v. Flex-N-Gate Corporation – The Board granted summary

judgment in favor of respondent on counts II through VI of the complaint. The

Board denied both parties’ motions for summary judgment on count I of the

complaint. The Board also granted respondent’s motion to strike and admonish,

but denied complainant’s motion to strike and admonish. The Board directed the

hearing officer to resolve the remaining outstanding motions relating to

discovery and to proceed expeditiously to hearing on count I of the complaint.

 

5-0

A&L-E

 

PCB 05-74 Hartford Working Group v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this permit appeal involving a Madison County facility.

 

5-0

P-A, Air

 

PCB 05-84 Gateway FS, Inc. v. IEPA – The Board granted petitioner’s motion for voluntary

dismissal of this underground storage tank appeal involving a Randolph County

facility.

 

5-0

UST Appeal

 

PCB 05-128 A&R, Inc. v. IEPA – The Board granted petitioner’s motion for voluntary

dismissal of this underground storage tank appeal involving a Cook County

facility.

 

5-0

UST Appeal

 

PCB 05-186 Midwest Petroleum Company v. IEPA – The Board granted petitioner’s motion

for voluntary dismissal of this underground storage tank appeal involving a St.

Clair County facility.

 

5-0

UST Appeal

 

PCB 06-10 Kane Illinois Properties 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 Lake County facility.

 

5-0

UST Appeal

 

PCB 06-11 Silbrico Corporation v. IEPA – The Board granted petitioner’s motion for

extension of time to file an amended petition until October 24, 2005.

 

5-0

L-V

PCB 06-29

PCB 06-31

Carroll Scientific, Inc. (Operating Permit) v. IEPA and Carroll Scientific, Inc.

(Construction Permit) v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of these consolidated permit appeals involving a Cook

County facility.

 

5-0

P-A, Air

PCB 06-48 People of the State of Illinois v. STS Consultants, Ltd. – The Board accepted for

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

Will County.

 

5-0

PWS-E

PCB 06-49 People of the State of Illinois v. Premier Waste & Recycling, Inc. – The Board

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

Cook County.

 

5-0

L-E

---

Environmental Register – October 2005

 

17

PCB 06-51 People of the State of Illinois v. CSX Transportation, Inc. – The Board accepted

for hearing this air, land and water enforcement action involving a site located in

Edwards County.

 

5-0

A,L,W-E

PCB 06-52 Knapp Oil Company, Don’s 66 v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Richland County facility.

5-0

UST Appeal

 

New Cases

 

 

October 6, 2005 Board Meeting

06-042

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

land enforcement action involving a site located in Lee County.

06-043

Sangamon Valley Farm Supply v. IEPA and Village of Saybrook, Illinois – The Board accepted for hearing

this petition for water well setback exception involving a site located in McLean County.

06-044

People of the State of Illinois v. Weis Builders, Inc. – The Board accepted for hearing this public water

supply enforcement action involving a site located in Will County.

06-045

People of the State of Illinois v. Ecolab, Inc. and Charles A. Winslett – The Board accepted for hearing this

land and water enforcement action involving a site located in Tazewell County.

06-046

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

enforcement action involving a site located in Madison County.

06-047

Eaves Auto Repair 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 Ford County facility.

R06-010

In the Matter of: Proposed Amendments to Tiered Approach to Corrective Action Objectives (35 Ill.

Adm. Code 742) – No action taken.

 

October 20

, 2005 Board Meeting

06-048

People of the State of Illinois v. STS Consultants, Ltd. – The Board accepted for hearing this public water

supply enforcement action involving a site located in Will County.

06-049

People of the State of Illinois v. Premier Waste & Recycling, Inc. – The Board accepted for hearing this land

enforcement action involving a site located in Cook County.

06-050

E&L Trucking Company v. IEPA – No action taken.

06-051

People of the State of Illinois v. CSX Transportation, Inc. – The Board accepted for hearing this air, land

and water enforcement action involving a site located in Edwards County.

06-052

Knapp Oil Company, Don’s 66 v. IEPA – The Board accepted for hearing this underground storage tank

appeal involving a Richland County facility.

AC 06-010

IEPA v. Guiffre II, L.L.C. – The Board accepted an administrative citation against this Winnebago

County respondent.

AC 06-011

IEPA v. Paul Freeman and Freeman Environmental Services, Inc. – The Board accepted an

administrative citation against these Williamson County respondents.

AC 06-012

IEPA v. Beardstown Truck Wash, L.L.C. – The Board accepted an administrative citation against this

Cass County respondent.

---

Environmental Register – October 2005

 

18

Calendar

11/02/05

10:00 AM

AC 05-63 IEPA v. John R. Malloch

City Hall Council Chambers

102 N. Neil Stree6t

Champaign

11/03/05

9:00 AM

PCB 04-19

Paul and Donna Fredrickson v. Jeff

Grelyak

McHenry County Courthouse/

Government Center, Room A-140

2200 N. Seminary Street

Woodstock

11:00 AM

Illinois Pollution Control Board Meeting

Videoconference

Chicago/Springfield

James R. Thompson Center

100 W. Randolph Street

Chicago

1021 N. Grand Avenue East

Oliver Holmes Conference

11:00 AM

James R. Thompson Center

100 W. Randolph Street

Chicago

11/17/05

10:30 AM

AC 04-77 IEPA v. Frank Bencie

Benton City Hall Council

Chambers

500 W. Main Street

Benton

11/17/05

1:30 PM

AC 05-18 IEPA v. William Shrum

Perry County Court House First

Floor Court Courtroom

Pinckneyville

12/01/05

10:30 AM

PCB 05-73 City of Sullivan v. IEPA

Illinois Pollution Control Board

Hearing Room

1021 N. Grand Avenue East

Springfield

12/01/05

10:30 AM

PCB 06-25 William Breuer v. IEPA

Illinois Pollution Control Board

Hearing Room

1021 N. Grand Avenue East

Springfield

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

Springfield

12/05/05

12:00 PM

PCB 04-36

Michael A. Petrosius and Darla G.

Petrosius v. The Illinois State Toll

Highway Authority

James R. Thompson Center

08-031

100 W. Randolph Street

Chicago

---

Environmental Register – October 2005

 

19

12/06/05

9:00 PM

PCB 04-36

Michael A. Petrosius and Darla G.

Petrosius v. The Illinois State Toll

Highway Authority

James R. Thompson Center

Room 08-031

100 W. Randolph Street

Chicago

12/07/05

9:00 PM

PCB 04-36

Michael A. Petrosius and Darla G.

Petrosius v. The Illinois State Toll

Highway Authority

James R. Thompson Center

Room 08-031

100 W. Randolph Street

Chicago

 

---

Environmental Register – October 2005

 

20

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, 2005.

 

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

 

SYSTEM NAME

 

EPA

RGN

NATURE OF PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

ALTERNATIVE BEHAVIOR TREATMENT

CTR - IL0977189

2 INADEQUATE

PRESSURE TANK

50 6/15/1988

ALTO PASS WATER DISTRICT -

IL1815150

7 DISINFECTION BY-

PRODUCTS

1031 1/15/2005

AQUA ILLINOIS-OAKVIEW - IL1977210 2 INADEQUATE

PRESSURE TANK

309 3/20/1981

ARLINGTON REHABILITATION LIVING

CTR - IL0971110

2 INADEQUATE HYDRO

STORAGE

180 12/1/2003

AURORA COMMUNITY WATER ASSN -

IL0895750

2 INADEQUATE

PRESSURE TANK

150 12/16/1988

BAHL WATER CORP - IL0855200 1 INADEQUATE PRES

STORAGE

700 12/15/1993

BIGGSVILLE - IL0710050 5 ADJUSTED GROSS

ALPHA

350 3/15/1998

---

Environmental Register – October 2005

SYSTEM NAME

 

EPA

RGN

NATURE OF PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

 

21

BRADFORD - IL1750050 1 ADJUSTED GROSS

ALPHA

810 6/15/1998

BRADLEY HEIGHTS SUBDIVISION -

IL2015050

1 INADEQUATE

PRESSURE TANK

192 9/13/1985

BRYANT - IL0570200 5 ADJUSTED GROSS

ALPHA

310 3/15/1998

BUCKINGHAM - IL0910250 2 INADEQUATE

PRESSURE TANK

340 3/17/1989

BUSHNELL - IL1090150 5 ADJUSTED GROSS

ALPHA

3300 3/14/2001

CARBON HILL - IL0630100 2 ADJUSTED GROSS

ALPHA

392 3/14/2001

CARROLL HEIGHTS UTILITIES

COMPANY - IL0155200

1 INADEQUATE

PRESSURE TANK

96 3/20/1981

CENTURY PINES APARTMENTS -

IL0150020

1 INADEQUATE

PRESSURE TANK

50 12/14/1990

* COOKSVILLE - IL1130400 4 TRIHALOMETHANE &

HALOACIDIC ACIDS

300 9/15/2005

COYNE CNTR COOP - IL1615150 1 INADEQUATE

PRESSURE TANK

150 12/15/1997

CROPSEY COMMUNITY WATER -

IL1135150

4 INADEQUATE

PRESSURE TANK

31 3/20/1981

CRYSTAL CLEAR WATER COMPANY -

IL1115150

2 INADEQUATE

PRESSURE TANK

885 9/16/1988

CRYSTAL HEIGHTS ASSOCIATION -

IL1115100

2 INADEQUATE

PRESSURE TANK

100 6/17/1996

D L WELL OWNERS ASSOCIATION -

IL0975380

2 INADEQUATE

PRESSURE TANK

141 3/18/1983

DE KALB UNIV DVL CORP - IL0375148 1 INADEQUATE

PRESSURE TANK

1050 12/16/1992

DEERING OAKS SUBDIVISION -

IL1115200

2 INADEQUATE

PRESSURE TANK

60 12/17/1982

* DONNELLSON - IL0054360 6 TRIHALOMETHANE 197 9/15/2005

DOVER - IL0110350 1 INADEQUATE

PRESSURE TANK

169 5/25/1981

EAST END WATER ASSOCIATION -

IL1610140

1 INAD STORAGE

CAPACITY

40 3/15/2002

EAST MORELAND WATER

CORPORATION - IL1975640

2 INADEQUATE

PRESSURE TANK

135 3/15/1996

EASTMORELAND WTR SERVICE ASSN -

IL1975600

2 INADEQUATE

PRESSURE TANK

650 3/20/1981

EATON PWD - IL0335100 4 INADEQUATE SOURCE

CAPACITY

920 3/15/2002

---

Environmental Register – October 2005

SYSTEM NAME

 

EPA

RGN

NATURE OF PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

 

22

EDELSTEIN WATER COOP - IL1435150 5 ADJUSTED GROSS

ALPHA

125 3/15/1998

EDGINGTON WATER DISTRICT -

IL1615550

1 INADEQUATE

PRESSURE TANK

485 3/20/1981

EVANSVILLE - IL1570250 6

TRIHALOMETHANE 740 6/15/2002

EVERGREEN VILLAGE SUBDIVISION -

IL1615310

1 INADEQUATE

PRESSURE TANK

130 3/20/1981

FAHNSTOCK COURT SUBDIVISION -

IL1435200

5 INADEQUATE

PRESSURE TANK

35 5/25/1981

FAIR ACRES SUBDIVISION - IL1975680 2 INADEQUATE

PRESSURE TANK

156 10/19/1981

FOREST LAKE ADDITION - IL0975500 2 INADEQUATE

PRESSURE TANK

204 12/16/1983

FRWRD-SKYLINE PLANT - IL0895030 2 INADEQUATE

PRESSURE TANK

700 9/19/1986

GALVA - IL0730450 1 ADJUSTED GROSS

ALPHA

2700 3/14/2001

GARDEN STREET IMPROVEMENT ASSN

- IL1975376

2 INADEQUATE

PRESSURE TANK

54 9/15/1989

GARDNER - IL0630400 2 ADJUSTED GROSS

ALPHA

1406 3/14/2001

GLASFORD - IL1430350 5 ADJUSTED GROSS

ALPHA

1076 12/15/1997

GOOD SHEPHERD MANOR - IL0915189 2 INADEQUATE

PRESSURE TANK

25 3/17/1989

GREAT OAKS AND BEACON HILLS

APTS - IL2015488

1 INADEQUATE

PRESSURE TANK

2420 12/17/1982

HARBOR LITES-PISTAKEE FSHG CL -

IL1110011

2 INADEQUATE

PRESSURE TANK

100 3/14/2001

HAWTHORN WOODS - IL0970450 2 INADEQUATE

PRESSURE TANK

672 3/15/1995

HEATHERFIELD SUBDIVISION -

IL0635150

2 INADEQUATE

PRESSURE TANK

75 9/17/1982

HECKER - IL1330150 6 DISINFECTION BY-

PRODUCTS

608 1/15/2005

HETTICK - IL1170500 5

TRIHALOMETHANE 182 6/15/2002

HIGHLAND SUBDIVISION - IL0895530 2 INADEQUATE

PRESSURE TANK

60 9/16/1983

HILLVIEW SUBDIVISION - IL1975800 2 INADEQUATE

PRESSURE TANK

100 3/15/1985

HOLY FAMILY VILLA - IL0310280 2 INADEQUATE

PRESSURE TANK

200 9/15/1999

HOPEWELL - IL1235150 1 ADJUSTED GROSS 375 3/14/2001

---

Environmental Register – October 2005

SYSTEM NAME

 

EPA

RGN

NATURE OF PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

 

23

ALPHA

INGALLS PARK SUBDIVISION -

IL1975880

2 INADEQUATE

PRESSURE TANK

745 9/16/1983

IOLA - IL0250010 7 DISINFECTION BY-

PRODUCTS

140 1/15/2005

KEWANEE - IL0730650 1 ADJUSTED GROSS

ALPHA

12900 3/14/2001

KINGSTON MINES - IL1430450 5 ADJUSTED GROSS

ALPHA

259 3/14/2001

KIRK WATER LINE INC - IL0330030 4 INADEQUATE SOURCE

CAPACITY

72 3/15/2002

KNOXVILLE - IL0950300 5 ADJUSTED GROSS

ALPHA

3243 3/15/1998

LAKE LYNWOOD WATER SYSTEM -

IL0735330

1 INADEQUATE

PRESSURE TANK

75 8/31/1981

LAKEWOOD SHORES IMPV ASSN -

IL1975930

2 ADJUSTED GROSS

ALPHA

868 3/14/2001

LARCHMONT SUBDIVISION - IL2015290 1 INADEQUATE

PRESSURE TANK

64 6/17/1983

LARSON COURT APARTMENTS -

IL1615728

1 INADEQUATE

PRESSURE TANK

58 1/14/1982

LEGEND LAKES WATER ASSOCIATION

- IL2015300

1 INADEQUATE

PRESSURE TANK

283 3/14/1991

LIBERTY PARK HOMEOWNERS

ASSOCIATION - IL0435600

2 INADEQUATE

PRESSURE TANK

837 9/17/1992

LINDENWOOD WATER ASSOCIATION -

IL1415300

1 INADEQUATE

PRESSURE TANK

50 1/13/1982

LISBON NORTH, INC. - IL0631000 2 INADEQUATE

PRESSURE TANK

30 9/14/1990

LITTLE YORK - IL1870100 5 ADJUSTED GROSS

ALPHA

296 3/14/2001

LONDON MILLS - IL0574620 5 INADEQUATE

PRESSURE TANK

447 12/14/1984

LOSTANT - IL0990450 1 ADJUSTED GROSS

ALPHA

486 3/14/2001

LYNN CENTER - IL0735100 1 INADEQUATE

PRESSURE TANK

100 3/15/1995

LYNNWOOD WATER CORPORATION -

IL0995336

1 INADEQUATE

PRESSURE TANK

110 3/18/1983

M C L W SYSTEM, INC. - IL1315150 1 INADEQUATE SOURCE 98 3/20/1981

MAPLETON - IL1430500 5 ADJUSTED GROSS

ALPHA

350 3/15/1998

MONMOUTH - IL1870150 5 ADJUSTED GROSS 9841 3/14/2001

---

Environmental Register – October 2005

SYSTEM NAME

 

EPA

RGN

NATURE OF PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

 

24

ALPHA

MOUND PWD - IL1635050 6 INADEQUATE PLANT

CAPACITY

2200 6/17/1996

NORTHWEST BELMONT IMPRV ASSN -

IL0435900

2 INADEQUATE

PRESSURE TANK

78 9/29/1981

OAK RIDGE SD - IL2035300 1 INADEQUATE

PRESSURE TANK

240 3/20/1981

OLIVET NAZARENE UNIVERSITY -

IL0915279

1 INADEQUATE

PRESSURE TANK

0 3/15/1994

OPHIEM PWS - IL0735150 1 INADEQUATE

PRESSURE TANK

100 6/18/1982

OSCO MUTUAL WATER SUPPLY CO,

INC. - IL0735200

1 INADEQUATE

PRESSURE TANK

115 12/15/1989

PANAMA - IL0054720 6 TRIHALOMETHANE &

DISINFECTION BY-

PRODUCTS

380 1/15/2005

PARK VIEW WATER CORPORATION -

IL0895500

2 INADEQUATE

PRESSURE TANK

150 12/17/1982

PATOKA - IL1210400 6 INADEQUATE PLANT

CAPACITY

731 3/15/1997

PITTSFIELD - IL1490750 5 DISINFECTION BY-

PRODUCTS

4250 1/15/2005

POLO DR AND SADDLE RD

SUBDIVISION - IL0437000

2 INADEQUATE

PRESSURE TANK

90 12/17/1982

PORTS SULLIVAN LAKE OWNERS ASSN

- IL0971160

2 INADEQUATE

PRESSURE TANK

293 6/15/1999

PRAIRIE OAKS ESTS HOMEOWNERS

ASSN - IL0630060

2 ADJUSTED GROSS

ALPHA

99 10/15/2002

PRAIRIE RIDGE ASSOCIATION -

IL1115730

2 INADEQUATE

PRESSURE TANK

130 10/1/2004

PRAIRIE VIEW WATER ASSOCIATION -

IL1795900

2 INADEQUATE

PRESSURE TANK

40 3/20/1981

RIDGECREST NORTH SUBDIVISION -

IL0635250

2 INADEQUATE

PRESSURE TANK

60 9/16/1993

RIDGEWOOD LEDGES WATER ASSN -

IL1615670

1 INADEQUATE

PRESSURE TANK

370 3/20/1981

RIDGEWOOD SUBDIVISION - IL1977650 2 INADEQUATE

PRESSURE TANK

250 6/18/1982

ROBINSON-PALESTINE WATER CMSN -

IL0335030

4 INADEQUATE PLANT

CAPACITY

11317 11/1/2001

SBDV WATER TRUST #1 - IL0895300 2 INADEQUATE

PRESSURE TANK

975 3/20/1981

SHAWNITA TRC WATER ASSOCIATION 2 INADEQUATE 125 9/17/1992

---

Environmental Register – October 2005

SYSTEM NAME

 

EPA

RGN

NATURE OF PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

 

25

- IL1977690 PRESSURE TANK

SILVIS HEIGHTS WATER CORP -

IL1615750

1 INADEQUATE HYDRO

STORAGE

1600 12/1/2003

SKYVIEW SBDV - IL0915526 2 INADEQUATE

PRESSURE TANK

45 3/16/1990

SMITHBORO - IL0050250 6 DISINFECTION BY-

PRODUCTS

200 1/15/2005

SOUTH WILMINGTON - IL0630650 2 ADJUSTED GROSS

ALPHA

621 10/15/2002

ST CHARLES COMMSSION WELLFUND

3 - IL0437040

2 INADEQUATE

PRESSURE TANK

30 12/15/1989

STANDARD - IL1550300 1 ADJUSTED GROSS

ALPHA

300 3/14/2001

STRATFORD WEST APARTMENTS -

IL1095200

5 INADEQUATE

PRESSURE TANK

39 12/17/1982

SUBURBAN HEIGHTS SUBDIVISION -

IL1615800

1 INADEQUATE

PRESSURE TANK

82 12/16/1983

SUMMIT HOMEOWNERS ASSOCIATION

- IL0975280

2 INADEQUATE

PRESSURE TANK

39 3/16/1984

SUNNY HILL ESTATES SUBDIVISION -

IL0735300

1 INADEQUATE

PRESSURE TANK

525 6/15/2000

SUNNYLAND SUBDIVISION - IL1977730 2 INADEQUATE

PRESSURE TANK

350 9/16/1983

SWEDONA WATER ASSOCIATION -

IL1315200

1 INADEQUATE

PRESSURE TANK

157 6/15/1990

SYLVAN LAKE 1ST SUBDIVISION -

IL0977100

2 INADEQUATE

PRESSURE TANK

210 6/14/1991

TOULON - IL1750150 1 ADJUSTED GROSS

ALPHA

1350 12/12/1999

TOWNERS SUBDIVISION - IL0977250 2 INADEQUATE

PRESSURE TANK

210 1/14/1982

UTILITIES INC HOLIDAY HILLS -

IL1115350

2 INADEQUATE

PRESSURE TANK

729 9/16/1983

UTL INC-LAKE HOLIDAY - IL0995200 1 INAD SOURCE &

TREATMENT PLT

5460 9/15/1998

UTL INC-NORTHERN HILLS UTLITIES

COMPANY - IL1775050

1 INADEQUATE

PRESSURE TANK

500 3/15/1996

UTL INC-WALK-UP WOODS WATER

COMPANY - IL1115800

2 INADEQUATE

PRESSURE TANK

654 12/17/1982

VIOLA - IL1310450 1 ADJUSTED GROSS

ALPHA

950 10/15/2002

WEST SHORE PARK SUBDIVISION -

IL0977370

2 INADEQUATE

PRESSURE TANK

528 6/15/2000

---

Environmental Register – October 2005

SYSTEM NAME

 

EPA

RGN

NATURE OF PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

 

26

WEST SHORELAND SUBDIVISION -

IL0977050

2 INADEQUATE

PRESSURE TANK

189 6/14/1991

WHISPERING LAKES WATER SYSTEM,

INC. - IL0970220

2 ADJUSTED GROSS

ALPHA

375 3/14/2001

WIENEN ESTATES - IL0850030 1 INADEQUATE

PRESSURE TANK

70 12/15/1997

WONDER LAKE WATER COMPANY -

IL1115750

2 INADEQUATE

PRESSURE TANK

1442 6/16/1994

WOODSMOKE RANCH ASSOCIATION -

IL0990030

1 INADEQUATE

PRESSURE TANK

450 6/15/1990

YORK CENTER COOP - IL0437550 2 INADEQUATE

PRESSURE TANK

240 6/15/1988

WATER SYSTEMS REMOVED FROM PREVIOUS RESTRICTED STATUS LIST

 

2ND STREET WATER ASSOCIATION – IL0971140

ACORN ACRES SUBDIVISION – IL0975020

BONNIE LANE WATER SUPPLY – IL0930010

DE WIT COUNTY NURSING HOME – IL0395129

GLENWOOD – OUTBACK – IL0990080

HARDINVILLE WATER COMPANY – IL0330020

LAKEVIEW HILLS WATER SUPPLY COMPANY – IL1955150

OBLONG - IL0330150

OLIVET NAZARENE UNIVERSITY – IL0915279

PARK ROAD WATER ASSOCIATION – IL1977330

RIVERWOODS SPECIAL SERVICE DISTRICT 3 – IL0971451

STURM SBDV – IL0977010

 

PUBLIC WATER SUPPLY NAME CHANGE

STRATFORD WEST APTS (IL1095200) FORMERLY EMMETT UTL INC.

AQUA ILLINOIS-OAKVIEW (IL1977210) FORMERLY OAKVIEW AVENUE WTRWKS

---

Environmental Register – October 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 October 1, 2005.

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

 

SYSTEM NAME

 

EPA

RGN

NATURE OF PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

ANDALUSIA - IL1610050 1 INADEQUATE

PRESSURE TANK

1050 12/1/2003

ARENZVILLE - IL0170050 5 INADEQUATE

PRESSURE TANK

408 3/14/2001

BEASON CHESTNUT PWD - IL1075150 5 INADEQUATE PLANT &

SOURCE

600 6/15/2004

BEECHER - IL1970050 2 INADEQUATE

STORAGE

2091 3/14/2001

BLUFORD - IL0810100 7 LOW SYSTEM

PRESSURE

1587 3/20/1981

BROWNING - IL1690050 5 INADEQUATE SOURCE

CAPACITY

175 3/15/1998

CASEYVILLE - IL1630250 6 INADEQUATE

STORAGE

9900 10/1/2004

CLAYTON-CAMP-POINT WATER

COMMISSION - IL0015200

5 INADEQUATE

PUMPING CAPACITY

1800 9/15/1998

COLUMBIA - IL1330050 6 INADEQUATE

PUMPING CAPACITY

8365 3/15/1998

DE PUE - IL0110300 1 INADEQUATE

TREATMENT PLANT

1729 12/15/1993

ELIZABETH - IL0850150 1 LOW SYSTEM

PRESSURE

682 6/15/1999

EXETER-MERRITT WATER COOP -

IL1710010

5 INADEQUATE

PRESSURE TANK

428 10/1/2004

GALENA - IL0850200 1 LOW SYSTEM

PRESSURE

3640 6/15/1999

---

Environmental Register – October 2005

SYSTEM NAME

 

EPA

RGN

NATURE OF PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

 

28

HIGHLAND HILLS SD - IL0435560 2 INADEQUATE

PRESSURE TANK

1375 9/17/1992

JOY - IL1310100 1 LOW SYSTEM

PRESSURE

373 6/15/1999

LA MOILLE - IL0110500 1 INADEQUATE PLANT

CAPACITY

750 6/15/1999

LA SALLE - IL0990300 1 INAD PLANT &

SOURCE CAPACITY

9700 11/1/2004

LEE - IL1034600 1 INADEQUATE

PRESSURE TANK

350 10/1/2004

MARION - IL1990550 7 INADEQUATE SOURCE

CAPACITY

14610 11/1/2001

MATHERSVILLE - IL1310200 1 INADEQUATE SYSTEM

PRESSURE

793 9/13/2000

MC HENRY SHORES WATER COMPANY

- IL1115020

2 LOW SYSTEM

PRESSURE

1813 9/17/1992

MECHANICSBURG-BUFFALO WTR

CMSN - IL1675150

5 INADEQUATE SOURCE

CAPACITY

1350 3/15/1998

SCALES MOUND - IL0850400 1 LOW SYSTEM

PRESSURE

400 9/15/1997

SENECA - IL0991050 1 INADEQUATE PLANT

CAPACITY

2053 6/15/1999

SOUTH HIGHWAY PWD - IL0775400 7 LOW SYSTEM

PRESSURE

8420 6/15/1992

STOCKTON - IL0850450 1 LOW SYSTEM

PRESSURE

1871 6/15/1984

SUMNER - IL1010300 7 LOW SYSTEM

PRESSURE

1481 12/13/1985

UTL INC-LAKE MARIAN WATER

CORPORATION - IL0895200

2 INADEQUATE

PRESSURE STORAGE

AND LOW SYSTEM

PRESSURE

924 9/14/1984

WALNUT HILL - IL1210600 6 LOW SYSTEM

PRESSURE

1470 6/14/1985

WATERLOO - IL1330300 6 INADEQUATE

STORAGE

7614 10/1/2004

 

WATER SYSTEM REMOVED FROM PREVIOUS LIST

 

MAHOMET - IL0190450

 

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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