G. Tanner Girard, Acting Chairman

Board Members:

Thomas E. Johnson, Nicholas J. Melas, Andrea S. Moore

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph, Suite 11

-

500

Chicago, Illinois

60601

(312) 814

-

3620

(312) 814

-

6032 TDD

Illinois Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794

-

9274

(217)

524

-

8500

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

---

Letter from the Chairman

The Board continues to wo

rk on an ambitious rulemaking and contested case

docket, while looking forward to even more rulemaking hearings in the months

ahead. This month I

’

ll bring to your attention two items representing these two

major areas of Board decisions.

R 06

-

23: Water We

ll Surveys and Community Right

-

to

-

Know

On April 20, 2006, the Illinois Pollution Control Board adopted a proposal for

first notice expanding the Board

’

s regulations for potable water well surveys and

for community relations activities in response to impact

s or threats of soil and

groundwater contamination. The rulemaking is docketed as

In the Matter of:

Standards and Requirements for Potable Water Well Surveys and for

Community Relations Activities Performed in Conjunction with Agency Notices

of Threats f

rom Contamination (35 Ill. Adm. Code 1505)

(R06

-

23). The Illinois

Environmental Protection Agency (IEPA) filed this proposal on January 20,

2006, in response to Public Act 94

-

314, which added a new Title VI

-

D (

“

Right

-

To

-

Know

”

) to the Environmental Protect

ion Act (Act). Public Act 94

-

314 requires the Board to adopt well survey

and community relations rules within 240 days of the effective date of P.A. 94

-

314, or no later than September 17,

2006.

Subpart B of the proposal sets forth well survey procedures,

as well as minimum standards for the performance and

documentation of surveys. The proposed well survey rules apply to response actions taken pursuant to Board rules

requiring that a release of contaminants be addressed. Subpart B does not contain indepe

ndent requirements to

perform well surveys. Rather, when well surveys are required under the applicable Board rules, Subpart B requires

compliance with the Subpart B minimum standards and requirements for those well surveys. The area of the

potable water

well survey should be expanded if measured or modeled groundwater contamination extends offsite,

and exceeds standards (Class I or Class III) or activates the Board

’

s antidegradation regulations.

Subpart C of the proposed rules sets forth two alternative

levels of community relations activities depending on the

severity of the offsite impacts. Subpart C also establishes requirements for document repositories (if applicable),

fact sheets and community relations plans, and implementing community relations a

ctivities, compliance, and

compliance monitoring. First

-

Notice publication of the proposal in the

Illinois Register

will begin a 45

-

day period

during which interested persons to file public comments with the Board. For details on becoming involved in thi

s

rulemaking, please visit our website at www.ipcb.state.il.us.

Judicial Review of Board Decisions

The Illinois Supreme Court recently granted the Board's Petition for Leave to Appeal (PLA) the Third District

Appellate Court's decision in

Town & Country Ut

ilities, Inc. and Kankakee Regional Landfill, LLC v. The 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 Sandburg; and Waste Management of Illi

nois, Inc.

, 3d Dist., No. 3

-

03

-

0025; Supreme Ct. Nos. 101619, 101652. The Board,

in PCB 03

-

31, 33, 35, reversed the City's decision to

grant siting approval to Town & Country on January 9, 2003, based on siting criterion (ii) of Section 39.2(a) of the

Act

(protection of public health & safety). In a non

-

precedential order on September 7, 2005, the Third District

Appellate Court, with one Justice dissenting, reversed the Board's decision, thereby reinstating the City of

Kankakee

’

s grant of landfill siting

approval. The County also filed a PLA with regard to the Third District's

decision to affirm the Board's ruling that the City proceeding was fundamentally fair. The Supreme Court also

granted Kankakee County

’

s PLA and consolidated the two appeals. We

’

ll

keep you posted on the results of this

appeal. For copies of the Board

’

s opinion, please visit our website. (www.ipcb.state.il.us).

Sincerely,

G. Tanner Girard, Ph.D.

Acting Chairman

---

Environmental Register – April 2006

1

Inside This Issue:

 

 

FEDERAL UPDATE

  

  

  

P. 1

RULE UPDATE

  

  

  

  

P. 2

BOARD ACTIONS

  

  

  

P. 9

NEW CASES

  

  

  

  

P

. 17

BOARD CALENDAR

  

  

  

P. 18

RESTRICTED STATUS/CRITICAL REVIEW

P. 20

 

 

Federal Update

United States Environmental Protection Agency Gives Final Notice of its Decision Under the Clean Air Act to

Deny Reconsideration of Portions of the Rule To Reduce Interstate Transport of Fine Particulate Matter and

Ozone (Clean Air Interstate Rule)

On April 28, 2006 (71 Fed. Reg. 25303) the United States Environmental Protection Agency (USEPA) published

final notice of its decision to deny reconsideration of the “Rule to Reduce Interstate Transport of Fine Particulate

Matter and Ozone” (Clean Air Interstate Rule or CAIR). The final CAIR was published in the

Federal Register

on

May 12, 2005 at 70 Fed. Reg. 25161.

CAIR requires certain so-called “upwind” States, including Illinois, to reduce emissions of nitrogen oxides (NOX)

and/or sulfur dioxide (SO2) that significantly contribute to nonattainment of, or interfere with maintenance by,

“downwind” States with respect to the fine particle and/or 8-hour ozone national ambient air quality standards

(NAAQS). Subsequently, USEPA received 12 petitions for reconsideration of the final rule. In December, 2005,

USEPA published notices of its decision to grant reconsideration of five issues raised in the petitions for

reconsideration, and granted an additional opportunity for public comment (

See

70 Fed. Reg. 72268 and 70 Fed.

Reg. 77101).

The petitions for reconsideration of the CAIR asked USEPA to reconsider several specific aspects of the final rule,

and many of the petitions made similar requests. In the two December 2005 notices granting reconsideration,

USEPA did not propose any modifications to the final CAIR. USEPA stated that it did not believe that any of the

information that had been submitted demonstrated that USEPA's final decisions in the CAIR rulemaking were

erroneous or inappropriate.

In this April action, USEPA announced its final decision on the five issues identified in the notices of

reconsideration and responded to comments received during the reconsideration process. The first issue relates to

analyses done by USEPA to address petitioner's claims regarding alleged inequities arising from the application of

the SO2 allowance allocation approach to be used by States choosing to participate in the USEPA-administered SO2

trading program. The second issue relates to USEPA's use of specific fuel adjustment factors to establish NOX

budgets for each State. The third issue relates to modeling inputs used by USEPA to determine whether emissions

from Minnesota should be included in the CAIR region for PM2.5. The fourth issue relates to USEPA's

determination that the State of Florida should be included in the CAIR region for ozone. The fifth issue raised

relates to the potential impact of a recent judicial opinion, 413 F.3d 3 (D.C. Cir. 2005), a case decided on June 24,

2005--after the final CAIR was published but before the time for judicial review of the rule had elapsed. The case

concerns certain analyses done for the CAIR relating to the identification of highly cost-effective controls and the

timing of CAIR deadlines.

USEPA also addressed various other issues raised by the petitions for reconsideration of CAIR, including two

requests to stay CAIR.

USEPA stated that it had carefully considered each of these requests for reconsideration and concluded that

reconsideration of these issues is not warranted under section 307(d)(7)(B) of the Clean Air Act. USEPA therefore

denied all remaining requests for reconsideration and denied the remaining requests to stay CAIR.

This reconsideration denial is effective June 27, 2006.

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Environmental Register – April 2006

2

For general questions concerning this action, please contact Carla Oldham, USEPA, Office of Air Quality Planning

and Standards, Air Quality Strategies and Standards Division, Mail Code C504-03, Research Triangle Park, NC

27711, phone number (919) 54l-3347, e-mail address oldham.carla@epa.gov. For legal questions, please contact

Sonja Rodman, USEPA, Office of General Counsel, Mail Code 2344A, 1200 Pennsylvania Avenue, NW.,

Washington, DC 20460, telephone 202-564-4079, e-mail address rodman.sonja@epa.gov.

The Board expects that the Illinois Environmental Protection Agency will file a proposal with the Board under

Section 28.5 of the Act to implement CAIR, perhaps as early as May or June 2006. The Board has reserved docket

R06-26 for the anticipated rulemaking proposal.

 

Rule Update

 

Board Adopts Proposal for Public Comment in UIC Corrections, USEPA Amendments (July 1, 2005 through

December 31, 2005; In the Matter of: RCRA Subtitle D Update, USEPA Amendments (July 1, 2005 through

December 31, 2005 and August 1, 2005); In the Matter of: RCRA Subtitle C Update, USEPA Amendments

(July 1, 2005 through December 31, 2005 and August 1, 2005) (R06-16, R06-17, R06-18 consolidated)

On April 6, 2006, the Board adopted a proposal for public comment in UIC Corrections, USEPA Amendments (July

1, 2005 through December 31, 2005; In the Matter of: RCRA Subtitle D Update, USEPA Amendments (July 1,

2005 through December 31, 2005 and August 1, 2005); In the Matter of: RCRA Subtitle C Update, USEPA

Amendments (July 1, 2005 through December 31, 2005 and August 1, 2005) (R06-16, R06-17, R06-18

consolidated). This identical-in-substance rulemaking consists of three separate consolidated dockets. The

rulemaking seeks to update the Illinois underground injection control, municipal solid waste landfill, and hazardous

waste regulations to incorporate revisions to the federal regulations. The proposal was published at 30 Ill. Reg.

6675-7710. The Board will accept public comments on the proposal for 45 days, through June 5, 2006.

The federal amendments that prompted this action were made by the United States Environmental Protection

Agency (USEPA) during the period of July 1, 2005 through December 31, 2005, as well as March 23, 2006

amendments affecting earlier hazardous waste amendments. This proceeding proposes amendments to 35 Ill. Adm.

Code 702 through 705, 720 through 726, 728, 733, 738, 810, and 811. It further proposes the addition of new 35

Ill. Adm. Code 727. The federal actions included in the proposal are summarized below.

Amendment of the “Universal Waste” Rule to Include Mercury-Containing Devices--Parts 703, 720, 721, 724, 725,

728, and 733

On August 5, 2005 (70 Fed. Reg. 45508), USEPA amended the Universal Waste Rule to included mercury-

containing devices. Items that are designated “universal waste,” and which are managed in accordance with the

Universal Waste Rule, are not subject to regulation as hazardous waste. USEPA explained that common mercury-

containing equipment (MCE) includes thermostats, barometers, manometers, flow meters, pressure relief gauges,

water treatment gauges, gas safety relays, and electronic mercury switches that are in common industrial,

commercial, governmental, and household use.

The Board previously included MCE in the Universal Waste Rule in Standards for Universal Waste Management

(35 Ill. Adm. Code 703, 720, 721, 725, 728, and 733), R05-8 (Apr. 7, 2005). The Board adopted that rule on a

petition filed by the Illinois Environmental Protection Agency (IEPA) pursuant to Section 22.23b of the Act (415

ILCS 5/22.23b (2004)). That IEPA proposal was based on amendments to the Universal Waste Rule that USEPA

proposed on June 12, 2002 (67 Fed. Reg. 40507) and that resulted in the federal amendments now under

consideration by the Board.

Since the June 2002 proposal, USEPA modified aspects of the amendments. Principally, USEPA changed its

definition of MCE to include thermostats, which were formerly a separate category of universal waste. USEPA also

reworded segments of the definition to clarify its intent as to what is included as MCE. USEPA further made a

series of minor changes in the MCE management and transportation requirements of the final rule. Important

among these changes is a new definition of “ampule,” added provisions for MCE in which the mercury is not

contained in an ampule, and standards for removal of the mercury-containing component from the MCE.

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Environmental Register – April 2006

3

The present amendments make the Illinois rules consistent with those now adopted by USEPA. The Board

incorporated the August 5, 2005 federal amendments without substantive deviation from the corresponding federal

text.

“Standardized Permits” for Hazardous Waste Management Facilities--Parts 702, 703, 705, 720, 721, and 727

The USEPA action of September 8, 2005 (70 Fed. Reg. 53420) modified the hazardous waste permit requirements.

USEPA changed the federal permit rules to allow what it called a “standardized permit” for certain hazardous waste

management facilities. The facilities eligible for coverage under the Standardized Permit Rule are facilities that are

otherwise subject to the RCRA permit requirements and that generate and then store or non-thermally treat

hazardous waste on-site in containers, tanks, or containment buildings. Also subject to the Standardized Permit

Rule are facilities that receive waste for storage or treatment from a generator that is under the same ownership as

the receiving facility. USEPA’s goal is to streamline the RCRA permit process to allow the subject facilities to

more easily obtain and modify permits.

Amendments to the “Headworks” Exemption from the Definition of Hazardous Waste--Section 721.103

The USEPA action of October 4, 2005 (70 Fed. Reg. 59402) expanded an existing exemption from the definition of

hazardous waste. The exemption, called the “headworks” exemption, relates to mixtures of listed hazardous waste

(from subpart D of 40 CFR 261, which corresponds with Subpart D of 35 Ill. Adm. Code 721) and wastewater that

go to a regulated wastewater treatment system. Certain concentration and other limits apply to the mixtures of

waste in the wastewater. USEPA changed a few aspects of the headworks exemption rule, including the mixtures

that are subject to the rule, the locations acceptable for sampling and measurement, and the scope of the

de minimis

 

exemption.

USEPA added benzene and 2-ethoxyethanol to the list of solvents whose mixtures with wastewater are exempted

from the definition of hazardous waste. Certain limitations apply to the exemption of benzene-containing

wastewater. Also exempted are scrubber waters from the combustion of any of the exempted solvents (including

combustion of the solvents previously exempted). USEPA further amended the headworks exemption to allow

measurement of solvent levels at the headworks of the wastewater treatment plant to determine the applicability of

the exemption, provided that the wastewater treatment is subject to federal Clean Air Act standards and the

generator submits an analysis plan for approval. Finally, USEPA broadened the applicability of the

de minimis

 

exemption to listed wastes beyond discarded commercial products and to non-manufacturing facilities.

Finalized Hazardous Waste Combustor Rule--Parts 703, 720, 724, 725, and 726

The USEPA action of October 12, 2005 (70 Fed. Reg. 59402) amended the Hazardous Waste Combustor Rule

(HWC). The HWC Rule applies to various entities that burn hazardous waste as a fuel: incinerators; cement kilns;

lightweight aggregate kilns; industrial, commercial, and institutional boilers and process heaters; and hydrochloric

acid production furnaces. USEPA has identified these entities as major sources of hazardous air pollutants (HAPs),

which makes them subject to the maximum achievable control technology (MACT) under national emission

standards for hazardous air pollutants (NESHAPs) pursuant to section 112(d) of the federal Clean Air Act (42

U.S.C. 7412(d) (2003)). The amendments included Phase I replacement standards and Phase II standards. The

substantive HWC Rule is a NESHAP codified by USEPA as subpart EEE of 40 C.F.R. 63. The hazardous waste

regulations are a bridge to that NESHAP.

Cross-Media Electronic Reporting Rule--Parts 702 through 705, 720 through 728, 730, 733, and 739

The USEPA action of October 13, 2005 (70 Fed. Reg. 59848) established the Cross-Media Electronic Reporting

Rule (CMERR). The CMERR sets standards for the filing of documents in various federal program areas in an

electronic format. While the CMERR does not require the filing of documents in an electronic format, it does

impose minimum requirements on documents that are filed in such a format and on the electronic document

receiving systems used to receive them. The CMERR imposes requirements on electronic filings submitted to

USEPA and on USEPA’s Central Data Exchange (CDX) that receives them, as well as on any electronic document

filings submitted to the states and any systems used by the states to receive those filings.

The CMERR appears in a new part of the USEPA regulations, 40 C.F.R. 3. The object of the CMERR is to provide

for filing of documents in an electronic format and to assure that documents filed in such a format have the same

probative effect as a signed paper document. Thus, USEPA’s emphasis is on assuring the authenticity,

dependability, and integrity of documents filed in an electronic format. To this end, the CMERR imposes

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Environmental Register – April 2006

4

requirements on six aspects of any electronic document receiving system used by a state: (1) system security; (2)

the electronic signature method; (3) registration of persons submitting electronic documents; (4) the signature and

certification scenario; (5) the generation of a transaction record; and (6) system archives.

See

59 Fed. Reg. at

59855. USEPA included a listing for its bases for evaluation of a state electronic document receiving system in the

amendments. (

See

59 Fed. Reg. at 59867-73)

The Board has incorporated the new federal CMERR into two nearly identical provisions at 35 Ill. Adm. Code

720.104, of the hazardous waste and underground injection control regulations, and 35 Ill. Adm. Code 810.105, of

the municipal solid waste landfill rules.

As to rules for filing documents with the Board or the IEPA, the rules repeat at Sections 720.111(d)(1) and

810.105(d)(1) that it is entirely up to the Board or the IEPA whether to set up procedures for electronic filing under

the Sections. Federal 40 C.F.R. 3.10 sets forth the basic USEPA electronic document filing requirements: (1) the

electronic document must be filed in a USEPA-approved electronic document receiving system; and (2) the

electronic document must bear required electronic signatures. The rules provide at Sections 720.111(d)(1) and

810.105(d)(1) that any such procedures must meet the requirements of 40 C.F.R. 3.2 and 3.2000, as incorporated by

reference, and must receive USEPA approval before they can be used. The Board has included a provision at

Sections 720.104(a)(4) and 810.105(a)(4) that requires the Board or IEPA to publish notice of USEPA approval of

any such electronic filling rules in the

Illinois Register

. The Board has also included in the rule language identical

in substance to federal provisions in Sections 720.104(e) and 810.105(e) that make it clear that electronic filings

will be treated in the same way as are properly signed paper filings.

To direct attention to the federally-derived electronic document filing requirements and further assure their

applicability under all of the federally-derived segments of the rules for which the State must submit to USEPA for

program authorization, the Board has added a brief requirement in each of Parts 702 through 705, 721 through 728,

730, 733, 738, and 739, in the hazardous waste rules, and in each of Parts 811 through 814, in the municipal solid

waste landfill rules. The brief requirement states that the filing of any document pursuant to any provision of the

Part as an electronic document is subject to 35 Ill. Adm. Code 720.104 or 810.105, as appropriate. The Board

inserted these brief requirements as a separate Section in the general provisions of each Part, where possible.

Alternatively, the Board inserted the brief requirement as a subsection of a statement of scope, purpose, and

applicability of the Part. The only exception as to placement of this brief requirement is in Section 811.112(h). 35

Ill. Adm. Code 811.112 is derived from 40 C.F.R. 258.29. USEPA incorporated the CMERR into the municipal

solid waste landfill regulations by the addition of a new subsection (d) to 40 C.F.R. 258.29. The Board added

subsection (h) to Section 811.112 to more closely follow the federal structure.

In proposing these rules, the Board underscored that adoption of Sections 720.104 and 810.105 or any procedures to

implement the Section is not intended to limit authority the Board or IEPA may have under the Act to accept

electronic filings. For some time, the Board has been conducting a pilot program to develop sufficient information

and experience to propose workable rules, and has reserved a procedural rule docket. Amendments to the Board's

Procedural Rules to Accommodate Electronic Filing: 35 Ill. Adm. Code 101-130, R04-8 (Aug. 21, 2003). The

Board presently has no projected date for issuance of a proposal, given the Board’s heavy rulemaking docket for

calendar year 2006.

Copies of the Board’s opinion and order in R06-16/17/18 may be obtained by calling Dorothy Gunn at 312-814-

3620, or by downloading copies from the Board’s Web site at www.ipcb.state.il.us.

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

mccambm@ipcb.state.il.us

 

Board Adopts First Notice Opinion and Order in Clean Construction or Demolition Debris Fill Operations

Under P.A. 94-272 (35 Ill. Adm. Code Part 1100) (R06-19)

On April 6, 2006, the Board adopted a first notice opinion and order in Clean Construction or Demolition Debris

Fill Operations Under P.A. 94-272 (35 Ill. Adm. Code Part 1100) (R06-19).

This rulemaking proposes to add a new Part 1100 of the Board’s regulations concerning clean construction or

demolition debris fill operations. The Illinois Environmental Protection Agency (IEPA) proposed the amendments

January 26, 2006, pursuant to Public Act 94-272, to allow the use of clean construction or demolition debris as fill

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Environmental Register – April 2006

5

material in current and former quarries, mines, and other excavations. Public Act 94-272 requires the Board to

adopt rules no later than September 1, 2006.

The proposed amendments were published in the

Illinois Register

on April 21, 200 at 30 Ill. Reg. 7711. The Board

will accept public comments on the proposal for a period of 45 days, or through June 5, 2006. All comments must

be timely filed, as the Board cannot extend the public comment filing deadline. In order to meet the statutory

adoption deadline, the Board anticipates adopting a second notice order on June 15, 2006 to allow for adoption of

final rules no later than the Board’s August 17, 2006 meeting.

Public Act 94-272 establishes that clean construction or demolition debris (CCDD) is not considered waste if it is

separated and returned to the economic mainstream in the form of raw materials or products within 4 years of its

generation, or if it is used as fill material within 30 days of its generation. P.A. 94-272 requires an IEPA permit to

use CCDD as fill material in a current or former quarry, mine, or other excavation. According to proposed Section

1100.408, permits issued under Part 1100 will have a term of 10 years.

The majority of the fill sites for CCDD are in the Northeastern part of Illinois. There are also several sites in

Southern Illinois. Of the 83 sites that have applied for interim authorization to use CCDD as fill in current or

former mine, quarry, or other excavation, the IEPA stated at one of the hearings in this rulemaking that 24 accept

less than 10,000 cubic yards per year, 28 accept an estimated 10,000 to 50,000 cubic yards of CCDD per year, and

31 accept more than 50,000 cubic yards. The proposed new Part 1100 establishes a permit program for the use of

CCDD in former quarries, mines, or other excavations. Subpart A of the proposed Part 1100 establishes the scope

of the regulation, provides definitions, and clarifies the applicability of the permit program. CCDD fill operations at

facilities that are permitted as a landfill under Sections 35 Ill. Adm. Code 807, or 811 through 814 (municipal,

chemical, or putrescible waste landfills) are exempt from the proposed Part 1100 CCDD permitting rules because

the landfill permitting rules are more protective. Facilities permitted under Sections 807, or 811 through 814 can

accept CCDD without obtaining a permit under the proposed Section 1100.

Subpart B sets forth the standards applicable to the operation of CCDD facilities, CCDD load inspections, closure

and postclosure plans, including recordkeeping requirements and annual reports.

Subpart C identifies what information an applicant must include in the permit application, which includes

notification to local and State government officials, location and facility maps, facility description, proof of

ownership, surface water controls, and plans for closure and postclosure.

The procedural rules that both the IEPA and applicant must follow for permitting are contained in Subpart D.

Subpart D proposes standards for approval and denial and provides the IEPA’s deadlines for review of permit

applications. The IEPA must make a final decision on an application within 90 days of receiving the application or

the permit is deemed issued.

The Board held two public hearings on the proposal, the first on January 26, 2006 in Chicago and the second on

March 1, 2006 in Springfield. The Board does not anticipate holding additional hearings, given the tight statutory

adoption deadline.

Copies of the Board’s opinion and order in R06-19 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; e-mail address antonia@ipcb.state.il.us

 

Board Denies Illinois Environmental Regulatory Group’s Motion for Expedited Consideration in: NO x

  

Trading Program: Amendments to 35 Ill. Adm. Code Part 217 (R06-22)

On April 20, 2006, the Board denied a motion for expedited review filed by the Illinois Environmental Regulatory

Group (IERG) in NOx Trading Program: Amendments to 35 Ill. Adm. Code Part 217 (R06-22). IERG seeks

expedited review of the January 18, 2006 Illinois Environmental Protection Agency (IEPA) proposal. The IEPA

proposes updates to 35 Ill. Adm. Code Part 217 to reflect recent rule amendments made by the United States

Environmental Protection Agency concerning several test methods and procedures, as well as statutory amendments

made by the Illinois General Assembly to Section 9.9 of the Environmental Protection Act (Act), 415 ILCS 5/9.9

(2004) concerning the sale of Nitrogen Oxide (NOx) allowances and repeal of stay provisions. A summary of the

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Environmental Register – April 2006

6

Board’s acceptance of the IEPA proposal can be found on page 3 of the February 2006 issue of the

Environmental

Register

.

In its March 13, 2006 motion for expedited review, IERG contended that since the initial proposal of Part 217

proceeded under the fast-track rulemaking provisions of Section 28.5 of the Act, 415 ILCS 5/28.5 (2006), the

current amendments clarifying and updating Part 217 should also be expedited. IERG noted that no hearings had

been set on the proposal, accepted by the Board for hearing on February 2, 2006. IERG asserted that expediting

review of the amendments would not cause material prejudice to the IEPA, but would cause considerable prejudice

to its members wishing to sell NOx allowances during the pendance of this rulemaking. IERG argued that if the

IEPA allocated NOx allowances for 2007, 2008, and 2009 under the current rule, it might have to make an

adjustment of the allocation to redistribute certain allowances, thus materially prejudicing the owners of the units

involved since they would not be certain of the number of allowances that they could rely upon until some future

date after the allocation.

In its March 27, 2006 response in opposition to any stay, the IEPA argued that it would in fact be materially

prejudiced if the motion for expedited review were granted, and that no material prejudice would befall any affected

source if the motion were denied. The IEPA argued that if it is required to divert already stretched technical and

legal staff to handle this rulemaking on an expedited basis, that the shift in resources would adversely impact other

proposed rulemakings in other dockets. The IEPA pointed to the recently-filed complex rulemaking concerning

mercury emissions, which was filed under the State’s fast-track rulemaking provisions. (See the summary of

Proposed New 35 Ill. Adm. Code 225 Control of Emissions From Large Combustion Sources (Mercury), R06-25, as

described in detail on page 12 of the March 2006 issue of the

Environmental Register

). IEPA stated that future

proposed rules including the Clean Air Interstate Rule and the NOx SIP Call Phase II Rule would also be filed

under the fast-track provisions.

As to alleged harm to IERG members, IEPA contended that allocations for the 2006 season have already been made

and cannot be undone, and that no confiscation of allowances that have already been allocated to source accounts

can take place. Further, the IEPA argued that the Board should not grant a motion to expedite based on the

speculation of the mindset of prospective out-of-state buyers.

The Board denied IERG’s motion for expedited

 

review. The Board was not convinced that material prejudice

would result if expedited review were denied. While acknowledging that IERG member companies may suffer

uncertainty about NOx shares, the Board concluded that even considerable uncertainty does not rise to the level of

material prejudice sufficient to allow the Board to grant IERG’s request. The Board noted that, as a practical

matter, its Spring 2006 hearing docket was already quite full. But, the Board stated that it would process the NOx

rule as quickly as possible.

Copies of the Board’s opinion and order in R06-22 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 First Notice Opinion and Order in Standards and Requirements for Potable Water Well

Surveys and for Community Relations Activities Performed in Conjunction with Agency Notices of Threats

From Contamination (35 Ill. Adm. Code 1505) (R06-23)

On April 20, 2006, the Board adopted a first notice opinion and order in Standards and Requirements for Potable

Water Well Surveys and for Community Relations Activities Performed in Conjunction with Agency Notices of

Threats From Contamination (35 Ill. Adm. Code 1505), R06-23. The Illinois Environmental Protection Agency

(IEPA) proposed this rule January 8, 2006 to implement requirements of Public Act 94-314. P.A. 94-314, effective

July 25, 2005, added a new Title VI-D (“Right-To-Know”) to the Environmental Protection Act (Act), 415 ILCS

5/1

et seq

., and requires the Board to adopt well survey and community relations rules September 17, 2006 (i.e.

within 240 days of the Public Act’s effective date).

The proposed amendments were published in the

Illinois Register

on May 5, 2006 at 30 Ill. Reg. 8051. The Board

will accept public comments on the proposal for a period of 45 days, or through June19, 2006. All comments must

be timely filed, as the Board cannot extend the public comment filing deadline. In order to meet the statutory

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Environmental Register – April 2006

7

adoption deadline, the Board anticipates adopting a second notice order on July 6, 2006 to allow for adoption of

final rules no later than the Board’s September 7, 2006 meeting.

The proposed new Part 1505 dictates that specified potable water well surveys and community relations activities

must be taken in response to releases of contaminants that have impacted or may impact offsite groundwater or soil.

The proposal includes minimum standards for the performance and documentation of water well surveys required

under applicable Board rules. When water well surveys are required, Subpart B requires compliance with minimum

standards during site investigations to ensure complete and accurate identification of the existence and location of

potable water supply wells. Additionally, the proposal contains the standards and requirements for community

relations activities to be developed and implemented when the responsible party agrees to take on the Illinois

Environmental Protection Agency’s (IEPA) notice obligations as part of IEPA-approved community relations

activities.

The Board held one hearing in this rulemaking in Chicago on March 28, 2006 and has a second hearing scheduled

for May 23, 2006 in Springfield. The Board does not anticipate holding additional hearings after May 23, given the

tight statutory adoption deadline.

Copies of the Board’s opinion and order in R06-23 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; e-mail address antonia@ipcb.state.il.us

 

Board Denies Motion to Reject Fast Track Rulemaking Status in Proposed New 35 Ill. Adm. Code 225

Control of Emissions from Large Combustion Sources (Mercury) (R06-25)

 

On April 20, 2006, the Board denied three motions filed by (1) Dynegy, Midwest Generation, and SIPC, (2)

Ameren Energy Generating Company, AmerenEnergy Generating Company, and Electric Energy Inc., and (3)

Dominion Kincaid, Inc. (collectively, the “objectors”) concerning the Board’s pending mercury rulemaking. The

gist of the motions was that the proposal should not be treated as a fast track rulemaking proposal. After

considering participants’ replies and response, the Board denied the motions. The result is that the docket will

proceed under the timetables for hearing and decision set out in the Board and hearing officer orders of March 16,

2006. Proposed New 35 Ill. Adm. Code 225 Control of Emissions from Large Combustion Sources (Mercury),

R06-25 (April 20, 2006).

The mercury proposal was previously discussed in detail on page 12 of the March 2006 issue of the

Environmental

Register

. But, some knowledge of the proposal’s background is necessary to an understanding of the motion. The

Illinois Environmental Protection Agency filed the proposal March 14, 2006, stating that rulemaking authority was

contained in Sections 9.10, 27, and 28.5 of the Environmental Protection Act (Act), 415 ILCS 5/9.10, 27 and 28.5

(2004). On March 15, 2006, objectors filed various motions requesting that the Board handle the proposal under the

general rulemaking provisions of Section 27 of the Act, rather than the Section 28.5 Clean Air Act (CAA) fast track

provisions. Because Section 28.5 requires the Board to adopt a first notice order within 14 days of receipt of an

IEPA proposal citing Section 28.5 for authority, as is the Board’s custom the Board adopted the proposal for first

notice and hearing without commenting on the merits in its order of March 16, 2006. The Board reserved ruling on

the objectors’ March 15 motions; a hearing officer order allowed IEPA to file responses and objectors to file replies

thereto.

The Board devoted the first portion of its 20-page April 20, 2006 order to summarizing the participants’ filings.

Proposed New 35 Ill. Adm. Code 225 Control of Emissions from Large Combustion Sources (Mercury), R06-25

(April 20, 2006), slip op. at 1-14. In the latter portion, the Board outlined its rationale for determining that the

proceeding should properly be conducted as a Section 28.5 fast track proceeding.

Id.

, slip op at 14-20.

Board’s authority to review a 28.5 proposal

The first issue concerned the Board’s authority to review a proposal to determine if Section 28.5 of the Act (415

ILCS 5/28.5 (2004)) may properly be used to adopt a proposed rule. The Board concurred with objectors, over

IEPA disagreement, that well-settled case law provides that an agency has authority to determine whether it has

jurisdiction over a proceeding. See

Id.

, slip op at 14-16, citing among other authorities Metropolitan Distributors,

Inc. v. Dept. of Labor, 114 Ill. App. 3d 1090 (1st Dist. 1983) and Shapiro v. Regional Bd. of School Trustees, 116

Ill. App. 3d 397 (1st Dist.1983).

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Environmental Register – April 2006

8

Meaning of Section 28.5The primary issue for Board consideration revolved around the meaning of the language of

Section 28.5 of the Act. Section 28.5 provides in pertinent part:

(a) This Section shall apply solely to the adoption of rules proposed by theAgency and required to

be adopted by the State under the Clean Air Act as amended by the Clean Air Act Amendments of

1990 (CAAA).

* * *

(c) For purposes of this Section, a “fast-track” rulemaking proceeding is a proceeding to

promulgate a rule that the CAAA requires to be adopted. For purposes of this Section, “requires

to be adopted” refers only to those regulations or parts of regulations for which the United States

Environmental Protection Agency is empowered to impose sanctions against the State for failure

to adopt such rules. All fast-track rules must be adopted under procedures set forth in this

Section, unless another provision of this Act specifies the method for adopting a specific rule.

(d) When the CAAA requires rules other than identical in substance rules to be adopted, upon

request by the Agency, the Board shall adopt rules under fast-track rulemaking requirements.

* * *

 

(j) The Board shall adopt rules in the fast-track rulemaking docket under the requirements of this

Section that the CAAA requires to be adopted, and may consider a non-required rule in a second

docket that shall proceed under Title VII of this Act. 415 ILCS 5/28.5 (2004).

The Board synthesized the opposing arguments as follows:

The objectors argue that fast-track procedures cannot be used because the provisions of the CAA do not authorize

USEPA to impose sanctions under Section 179 of the CAA (42 U.S.C.§ 7509) for failure of Illinois to adopt a

mercury emission rule. The arguments of the objectors focus on the word “sanctions” as that word is used in the

CAA and the relationship of the CAA with Section 28.5 of the Act (415 ILCS 5/28/5 (2004)). The objectors and

the IEPA do agree that any Illinois failure to adopt a mercury emission regulation will result in the federal plan

becoming enforceable in Illinois. The objectors and the IEPA disagree on the characterization of a federal plan as a

“sanction” pursuant to Section 28.5. Proposed New 35 Ill. Adm. Code 225 Control of Emissions from Large

Combustion Sources (Mercury), R06-25 (April 20, 2006), slip op. at 16.

The Board’s holdings on the major points were:

The Board is cognizant of the interrelationship of Section 28.5 and the CAA; however, the Board

disagrees with the arguments by objectors that the sanctions in Section 179 are the same as the

sanctions referred to in Section 28.5. Section 28.5 of the Act states that: “‘requires to be adopted’

refers only to those regulations or parts of regulations for which the United States Environmental

Protection Agency is empowered to impose sanctions against the State for failure to adopt such

rules.” 415 ILCS 5/28.5(c) (2004)). The Act does not state “impose sanctions as enumerated in

Section 179 of the CAA” nor does the Act even state “impose sanctions as defined in the CAA.”

* * *

The Act does not define the term “sanction”. The plain language of Section 28.5 reads that the

fast-track procedures may be used if the failure to adopt the rule will result in a sanction being

imposed by the USEPA. The word “sanction” is defined in

Black’s Law Dictionary

(1996) as: “to

punish (a person) by imposing a penalty such as a fine; to deter (conduct) by punishing the person

who engages in it.” The

American Heritage Dictionary

Second College Edition (1985) defines

“sanction” as “the penalty for noncompliance specified in a law or decree.” Clearly under the

plain and ordinary meanings of “sanction,” the imposition of a federal plan for the failure of the

state to act is a sanction. Whether or not the federal CAMR is a FIP or a federal plan, any USEPA

imposition of the “one size fits all” federal requirements will limit the ability of Illinois to develop

a plan for mercury emissions tailored to Illinois’ specific needs and conditions. The proposal

before the Board proposes a mercury emission rule. The rule must be adopted by November 17,

2006, or CAMR may be implemented in Illinois. Therefore, the Board finds that the plain

language of Section 28.5 authorizes the Agency to propose and the Board to process a mercury

emission rulemaking proposal under the fast-track procedures.

Id

.,slip op. at 17.

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Environmental Register – April 2006

9

On a lesser issue, the Board agreed with the objectors that provisions of a proposal that are not “required to be

adopted” may be considered pursuant to Section 27 of the Act (415 ILCS 5/27 (2004)). However, having found that

the proposal before the Board does include provisions which are appropriately proposed under Section 28.5 of the

Act (415 ILCS 5/28.5 (2004)), the Board decided to proceed with the entire proposal under the fast track

rulemaking provisions, as the record before the Board did not support any action by the Board to “separate out”

those portions of the proposal which may not be appropriate to fast-track rulemaking. Participants were given leave

to raise the issue again later. The Board also agreed with objectors that Section 9.10 offered no authority for the

mercury proposal.

Id

.,slip op. at 18.

Public Participation Under Section 28.5

The last portion of the Board’s order addressed the “overriding theme” of the objectors that a rulemaking under

Section 28.5 of the Act (415 ILCS 5/28.5 (2004)) somehow limits public participation. The Board disagreed.

While acknowledging that Section 28.5 speaks to the timing of hearings and order of testimony concerning a

proposal, the Board noted that Section 28.5 does not limit who may testify or comment, nor does Section 28.5 limit

how long the testimony or comment may be. While Section 28.5 does limit the length of time between hearings, the

time by which final comments are due, and the time by which the Board must proceed to second notice, the Board

concluded that the Section does not specify the level of participation or the quality of that participation. Section

28.5 also does not limit the Board’s duties in developing a rule, when that rule is contested. The Board ended by

saying that Section 28.5 of the Act is merely the process by which a rule is to be adopted, but does not affect the

quality of the final rule.

Copies of the Board’s opinion and order in R06-25 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 Marie Tipsord at 312/ 814-4925; email address tipsordm@ipcb.state.il.us.

 

Board Actions

 

 

April 6, 2006

Via Videoconference

Chicago and Springfield, Illinois

 

Rulemakings

R06-16

R06-17

R06-18

(cons.)

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

December 31, 2005; In the Matter of: RCRA Subtitle D Update, USEPA

Amendments (July 1, 2005 through December 31, 2005 and August 1, 2005); In

the Matter of: RCRA Subtitle C Update, USEPA Amendments (July 1, 2005

through December 31, 2005 and August 1, 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.

 

4-0

R, Land

R06-19 In the Matter of: Clean Construction or Demolition Debris Fill Operations

Under P.A. 94-272 (35 Ill. Adm. Code Part 1100) – The Board adopted a first

notice opinion and order in this rulemaking to amend the Board’s land pollution

control regulations.

4-0

R, Land

 

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Environmental Register – April 2006

10

Administrative Citations

AC 05-8 IEPA v. Ted Harrison and Gerald S. Gill – The Board denied respondent

Harrison’s motion for summary judgment, and directed the case proceed to

hearing.

 

4-0

AC 06-20 IEPA v. Georgia Shank and Steve Shank – The Board, with regard solely to

Georgia Shank, accepted the March 20, 2006 petition for hearing. As to Georgia

Shank, the Board denied the March 27, 2006 motion to dismiss as untimely.

Because Steve Shank failed to contest the administrative citation by filing a

timely petition for review, and because the Board has found that Steve Shank

committed the violations alleged in the citation, the Board cannot consider the

March 27, 2006 motion to dismiss with regard to him. The Board therefore

found that Steve Shank violated sections 21(p)(1), (p)(3), and (p)(7) of the Act

(415 ILCS 5/21(p)(1), (p)(3), and (p)(7) (2004)), but will not assess the statutory

penalties against him until the Board makes a final decision concerning Georgia

Shank.

 

4-0

AC 06-24 IEPA v. City of Freeport and Ryan Wilson – The Board found that these

Stephenson County respondents violated Section 21(o)(7) and (o)(9) of the Act

(415 ILCS 5/21(o)(7), (o)(9) (2004)), and ordered respondents to pay a civil

penalty of $1,000.

 

4-0

AC 06-25 County of Perry v. Ida Haberman – 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 04-134 People of the State of Illinois v. Interstate Brands Corporation – 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.

 

4-0

A-E

PCB 05-91 People of the State of Illinois v. Clean Harbor Services, 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

$95,000, and to cease and desist from further violations.

 

4-0

A-E

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

land and water enforcement action concerning a Tazewell 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 $2,500, and to cease and desist from further violations.

4-0

L&W-E

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Environmental Register – April 2006

11

Respondents were also ordered to engage in a supplemental environmental

project, which consists of the cash payment of $10,000 for the restoration of a

park and playground in South Pekin that was severely damaged by a tornado in

May 2004.

 

PCB 06-48 People of the State of Illinois v. STS Consultants, Ltd. – In this public water

supply enforcement action concerning a Will County facility, the Board granted

relief from the hearing requirement of Section 31(c)(1) of the Environmental

Protection Act (415 ILCS 5/31(c)(1) (2004)), 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.

4-0

PWS-E

 

Motions and Other Matters

PCB 90-215 Spraying Systems Co. v. IEPA – The Board granted this DuPage County

facility’s motion for voluntary dismissal of this underground storage tank appeal.

4-0

P-A, RCRA

 

PCB 04-185 Midwest Generation EME, L.L.C. v. IEPA – The Board granted petitioner’s

motion to stay this trade secret appeal in part. Specifically, PCB 04-185 is stayed

for 120 days (

i.e.

, until August 4, 2006), unless the Board issues an order

terminating the stay earlier.

 

4-0

T-S

Appeal

 

PCB 04-215 Commonwealth Edison Company v. IEPA – The Board granted petitioner’s

motion to stay this trade secret appeal in part. Specifically, PCB 04-215 is stayed

for 120 days (

i.e.

, until August 4, 2006), unless the Board issues an order

terminating the stay earlier.

 

4-0

T-S Appeal

 

PCB 04-216 Midwest Generation EME, L.L.C. v. IEPA – The Board granted petitioner’s

motion to stay this trade secret appeal in part. Specifically, PCB 04-216 is stayed

for 120 days (

i.e.

, until August 4, 2006), unless the Board issues an order

terminating the stay earlier.

 

4-0

T-S

Appeal

PCB 05-51 People of the State of Illinois v. Randy Oldenberger d/b/a Environmental Health

& Safety Services – The Board granted respondent’s motion for extension of

time to file an amended response and accepted the amended response to the

request to admit facts. The Board denied complainant’s motion to deem facts

admitted and directed the hearing officer to proceed expeditiously to hearing.

 

4-0

A-E

PCB 05-168 People of the State of Illinois v. Home Depot U.S.A., 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 Will County facility, the Board ordered publication of the

required newspaper notice.

 

4-0

PWS-E

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Environmental Register – April 2006

12

 

PCB 05-193

Vernon and Elaine Zohfield v. Bob Drake, Wabash Valley Service Company,

Michael J. Pfister, Noah D. Horton, and Steve Kinder – The Board granted the

respondents' motion for clarification and stated that, if it had intended to reverse

any of its previous opinions or orders in its February 2, 2006 order, it would

have done so explicitly.

 

Citizens

A-E

PCB 05-220 Kenneth E. Medema, Jr. v. TNT Logistics North America – The Board granted

complainant’s motion for voluntary dismissal of this citizen noise enforcement

involving a Will County facility.

 

4-0

Citizens

N-E

 

PCB 06-1 Robert F. Kassela, Jr. and Kellie R. Kassela v. TNT Logistics North America -

The Board granted complainants’ motion for voluntary dismissal of this citizen

noise enforcement involving a Will County facility.

 

4-0

Citizens

N-E

 

PCB 06-25 William Breuer v. IEPA – The Board granted this Washington County facility’s

motion for voluntary dismissal of this underground storage tank appeal.

 

4-0

UST Appeal

 

PCB 06-84 Cowden Oil 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 Shelby County facility.

 

4-0

UST Appeal

 

PCB 06-89 Maryville Voice Newspaper Co. 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 06-90 People of the State of Illinois v. Village of Volo and Smith Engineering

Consultants, 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 Lake County facility,

the Board ordered publication of the required newspaper notice.

 

4-0

PWS-E

PCB 06-118 Mahr’s Sales & 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 Fulton County facility.

 

4-0

UST Appeal

 

PCB 06-124

PCB 06-127

Prairie Rivers Network and Sierra Club v. IEPA and Prairie State Generating

Company, L.L.C.; American Bottom Conservancy and Dale Wojtkowski v.

IEPA and Prairie State Generating Company, L.L.C. – The Board granted

petitioners’ motions for voluntary dismissal of these consolidated permit appeals

involving a site located in Washington County.

 

4-0

P-A, Water,

Third Party

PCB 06-139 Richard Gooden v. IEPA – The Board granted this Ford County facility’s motion

for voluntary dismissal of this underground storage tank appeal.

4-0

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Environmental Register – April 2006

13

 

UST Appeal

 

PCB 06-142 Magie Bros./Penreco v. IEPA – The Board granted this Cook County facility’s

motion for voluntary dismissal of this permit appeal.

4-0

P-A,

NPDES

 

PCB 06-147 City of Kankakee 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

Kankakee County facility.

 

4-0

UST Appeal

90-Day

Ext.

 

PCB 06-148 Caterpillar Logistics, Inc. v. IEPA – The Board accepted for hearing this permit

appeal involving a Tazewell County facility.

 

4-0

P-A, Air

PCB 06-149 Kraft Foods 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 McHenry

County facility.

 

4-0

UST Appeal

90-Day

Ext.

 

PCB 06-150 People of the State of Illinois v. Stoecker Farms, Inc. – The Board accepted for

hearing this water enforcement action involving a site located in Macoupin

County.

 

4-0

W-E

PCB 06-151 People of the State of Illinois v. Big River Zinc Corporation and Allied Waste

Transportation, Inc. d/b/a Midwest Waste – The Board accepted for hearing this

land enforcement action involving a site located in St. Clair County.

4-0

L-E

 

April 20, 2006

Chicago, Illinois

 

Rulemakings

R06-22 In the Matter of: NOx Trading Program: Amendments to 35 Ill. Adm. Code Part

217 – The Board denied the Illinois Environmental Regulatory Group’s motion

for expedited review.

 

4-0

R, Air

R06-23 In the Matter of: Standards and Requirements for Potable Water Well Surveys

and for Community Relations Activities Performed in Conjunction with Agency

Notices of Threats from Contamination Under P.A. 94-134: New 35 Ill. Adm.

Code Part 1505 – The Board adopted a first notice opinion and order in this

rulemaking to amend the Board’s public water supply regulations.

4-0

R, PWS

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Environmental Register – April 2006

14

 

R06-25

In the Matter of: Proposed New 35 Ill. Adm. Code 225 Control of Emissions

from Large Combustion Sources (Mercury) – The Board denied motions to

reject the proposal pursuant to Section 28.5 of the Environmental Protection Act

(Act) (415 ILCS 5/28 (2004)) and will proceed as set forth in the March 16,

2006 opinion and order. The Board granted James W. Ingram’s motion to

appear

pro hac vice

.

3-1

Johnson

dissented

 

Adjusted Standards

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 granted this Cook County petitioner an adjusted standard,

with conditions, designating as an “industrial boiler” its slag dryer at its South

Chicago Slag Grinding Plant located at 2150 East 130th Street in Chicago,

Illinois.

4-0

Land

 

Administrative Citations

AC 04-59 IEPA v. Tim Walker – In response to a joint stipulation and settlement agreement

in this administrative citation action involving a Macon 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, as well as the violation of 415 ILCS

5/21(p) (1) (2004) alleged in the administrative citation.

 

4-0

AC 04-77 IEPA v. Frank Bencie – The Board entered a final opinion and order requiring

respondent to pay hearing costs of the Illinois Environmental Protection Agency

and the Board in the amount of $274.93 and a civil penalty of $3,000. This order

follows the Board's interim order of February 16, 2006, which found that this

respondent had violated Sections 21(p)(1) and (4) of the Environmental

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

 

4-0

AC 06-26 IEPA v. Marshall and Juanita Garrison – The Board found that these Jefferson

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

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

 

4-0

AC 06-27 County of LaSalle v. Jerry Koetz – The Board found that this LaSalle 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 06-28 County of Macon, Illinois v. Onyx Valley View Landfill – The Board found that

this Macon County respondent violated Section 21(o)(5) and (o)(7) of the Act

(415 ILCS 5/21(o)(5), (o)(7) (2004)), and ordered respondent to pay a civil

penalty of $1,000.

 

4-0

AC 06-29 County of Macon, Illinois v. Onyx Valley View Landfill – The Board found that 4-0

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Environmental Register – April 2006

15

this Macon County respondent violated Section 21(o)(5) and (o)(12) of the Act

(415 ILCS 5/21(o)(5), (o)(12) (2004)), and ordered respondent to pay a civil

penalty of $1,000.

 

Decisions

PCB 05-168 People of the State of Illinois v. Home Depot U.S.A. – In this public water

supply enforcement action concerning a Will County facility, the Board granted

relief from the hearing requirement of Section 31(c)(1) of the Environmental

Protection Act (415 ILCS 5/31(c)(1) (2004)), accepted a stipulation and

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

$15,000, and to cease and desist from further violations. Home Depot U.S.A.

further agrees to pay a cash contribution in the amount of $15,000 to the Village

of Homer Glen, for use in constructing an off-road multi-use trail system and

trailhead.

 

4-0

PWS-E

PCB 06-49 People of the State of Illinois v. Premier Waste & Recycling, Inc. – In this land

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

L-E

 

Motions and Other Matters

PCB 97-193

PCB 04-207

(cons.)

 

People of the State of Illinois v. Community Landfill Company, Inc.; People of

the State of Illinois v. Edward Pruim and Robert Pruim – The Board granted the

Pruims’ motion to file a reply. The Board denied the Pruims’ motion for

summary judgment and granted complainant’s motion to dismiss counts III, XIV,

XV, XVI, and XVIII in PCB 04-207, and directed the hearing officer to proceed

to hearing on the remaining allegations.

 

4-0

L-E

PCB 05-53 People of the State of Illinois v. Clean Harbors Environmental Services, 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 Madison County facility, the Board ordered publication of the

required newspaper notice.

 

4-0

L-E

PCB 06-41 People of the State of Illinois v. Dot Packaging Group, 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 06-46 People of the State of Illinois v. Osborn Development Company – Upon receipt

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

request relief from the hearing requirement in this water enforcement action

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

required newspaper notice.

4-0

W-E

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Environmental Register – April 2006

16

 

PCB 06-125 Wareco Service, Inc. v. IEPA – Having previously granted a request for a 90-day

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

appeal was filed on behalf of this Knox County facility.

 

4-0

UST Appeal

 

PCB 06-130 Arlyn D. Fisk d/b/a Arlyn Fisk’s Service Center v. IEPA – The Board accepted

for hearing this underground storage tank appeal involving a Randolph County

facility.

 

4-0

UST Appeal

 

PCB 06-153 Midwest Petroleum Company v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a St. Clair County facility.

 

4-0

UST

Appeal

 

PCB 06-154 Quebecor World (Property Identification Number 08-27-201-003 and 08-27-

228-003) v. IEPA– Upon receipt of the Illinois Environmental Protection

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

of Quebecor World 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 (2004)).

 

4-0

T-C

PCB 06-155 Northern States Financial Corporation v. IEPA – The Board granted this request

for a 90-day extension of time to file an underground storage tank appeal on

behalf of this Lake County facility.

 

4-0

UST Appeal

90-Day Ext.

 

PCB 06-156 Midwest Generation, L.L.C. Will County Generating Station v. IEPA – The

Board accepted for hearing this permit appeal involving a Will County facility,

but reserved ruling on the request for stay of the contested conditions.

 

4-0

P-A, Air

PCB 06-157 People of the State of Illinois v. Belvidere National Bank and Trust Company

Trust Number 1600, a trust, and Cordray Brothers, Inc. as sole beneficiary of

Trust No. 1600 – The Board accepted for hearing this water enforcement action

involving a site located in Boone County.

 

4-0

W-E

PCB 06-158 Memorial Hospital Belleville, Illinois v. IEPA – The Board granted this request

for a 90-day extension of time to file a permit appeal on behalf of this St. Clair

County facility.

 

4-0

P-A, Air

PCB 06-159 People of the State of Illinois v. Gary Simmons individually and Lawrence

County Disposal Centre, Inc. – The Board accepted for hearing this land

enforcement action involving a site located in Lawrence County.

4-0

L-E

 

---

Environmental Register – April 2006

17

New Cases

 

 

April 6, 2006 Board Meeting

06-147

City of Kankakee 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 Kankakee County facility.

 

06-148

Caterpillar Logistics, Inc. v. IEPA – The Board accepted for hearing this permit appeal involving a Tazewell

County facility.

06-149

Kraft Foods 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 McHenry County facility.

06-150

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

enforcement action involving a site located in Macoupin County.

06-151

People of the State of Illinois v. Big River Zinc Corporation and Allied Waste Transportation, Inc. d/b/a

Midwest Waste – The Board accepted for hearing this land enforcement action involving a site located in St. Clair

County.

06-152

James Chew and Lynn Chew v. Dirk F. Borgsmiller and Sports Blast, L.L.C. – The Board held for a later

duplicative/frivolous determination this citizens’ noise enforcement action involving a Jackson County facility.

AC 06-030

IEPA v. Rick Linnabury – The Board accepted an administrative citation against this Douglas County

respondent.

AC 06-031

Ogle County Solid Waste Management Department v. Wayne L. Fisher & Christina C. Fisher – The

Board accepted an administrative citation against these Ogle County respondents.

AC 06-032

County of Jackson v. David Skidmore – The Board accepted an administrative citation against this

Jackson County respondent.

AC 06-033

IEPA v. Johnny Kemper d/b/a Kemper Tree Service and Johnny Kemper – The Board accepted an

administrative citation against these Edgar County respondents.

AC 06-034

IEPA v. Clifford Lawson – The Board accepted an administrative citation against this Macoupin County

respondent.

AC 06-035

IEPA v. Jerry L. Watson – The Board accepted an administrative citation against this Williamson

County respondent.

AC 06-036

IEPA v. Robert J. Kerker and Dale Kerker d/b/a Kerker Construction

– The Board accepted an

administrative citation against these Schuyler County respondents.

AS 06-003

In the Matter of: Petition of Lafarge Midwest, Inc. for Boiler Determination through Adjusted Standard

Proceedings Pursuant to 35 Ill. Adm. Code 720.132 and 720.133 – Pending receipt of the certificate of publication,

the Board held this Massac County facility’s petition for an adjusted standard from the Board’s hazardous waste

operating requirements.

 

April 20, 2006 Board Meeting

06-153

Midwest Petroleum Company v. IEPA – The Board accepted for hearing this underground storage tank

appeal involving a St. Clair County facility.

 

06-154

Quebecor World (Property Identification Number 08-27-201-003 and 08-27-228-003) v. IEPA– Upon

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

specified facilities of Quebecor World 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 (2004)).

---

Environmental Register – April 2006

18

06-155

Northern States Financial Corporation v. IEPA – The Board granted this request for a 90-day extension of

time to file an underground storage tank appeal on behalf of this Lake County facility.

06-156

Midwest Generation, L.L.C. Will

County Generating Station v. IEPA – The Board accepted for hearing this

permit appeal involving a Will County facility, but reserved ruling on the request for stay of the contested

conditions.

06-157

People of the State of Illinois v. Belvidere National Bank and Trust Company Trust Number 1600, a trust,

and Cordray Brothers, Inc. as sole beneficiary of Trust No. 1600 – The Board accepted for hearing this water

enforcement action involving a site located in Boone County.

06-158

Memorial Hospital Belleville, Illinois v. IEPA – The Board granted this request for a 90-day extension of

time to file a permit appeal on behalf of this St. Clair County facility.

06-159

People of the State of Illinois v. Gary Simmons individually and Lawrence County Disposal Centre, Inc. –

The Board accepted for hearing this land enforcement action involving a site located in Lawrence County.

AC 06-037

County of Jackson v. James Qualls – The Board accepted an administrative citation against this Jackson

County respondent.

5/4/06

11:00 AM

Illinois Pollution Control Board

1021 N. Grand Avenue East

Springfield

05/10/06

9:30 AM

AC 05-70

IEPA v. James Stutsman

County Board Room

Mason County Courthouse

125 N. Plum

Havana

05/15/06

9:00 AM

PCB 06-131

Wesley Brazas, Jr. v. Mr. Jeff

Magnussen, President, Village of

Hampshire and Illinois Environmental

Protection Agency

Kane County Courthouse

Room 250

100 South Third Street

Geneva

05/16/06

9:00 AM

PCB 06-131

Wesley Brazas, Jr. v. Mr. Jeff

Magnussen, President, Village of

Hampshire and Illinois Environmental

Protection Agency

Kane County Courthouse

Room 250

100 South Third Street

Geneva

05/17/06

9:00 AM

R06-21

In the Matter of: Organic Material

Emissions Standards and Limitations for

the Chicago and Metro-East Areas:

Proposed Amendments to 35 Ill. Code

218 and 219

Madison County Administration

Building

Room 108

157 North Main

Edwardsville

5/18/06

11:00 AM

Illinois Pollution Control Board Meeting

Chicago

James R. Thompson Center

Conference Room 09-040

100 W. Randolph Street

Chicago

---

Environmental Register – April 2006

19

5/23/06

10:00 AM

R06-23

In the Matter of: Standards and

Requirements for Potable Water Well

Surveys and for Community Relations

Activities Performed in Conjunction with

Agency Notices of Threats from

Contamination Under PA 94-134: New

35 Ill. Adm. Code Part 1505

Illinois Pollution Control Board

Hearing Room

1021 North Grand Avenue East

North Entrance

Springfield

5/25/06

1:00 PM

R06-20

In the Matter of: Proposed Amendments

to the Board’s Special Waste Regulations

Concerning Used Oil, Ill. Adm. Code

808, 809

IEPA Bureau of Air Conference

Room

North Entrance

1021 N. Grande Avenue East

Springfield

6/1/06

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

06/12/06

1:00 PM

R06-25

In the Matter of: Proposed New 35 Ill.

Adm. Code 225 Control of Emissions

From Large Combustion Sources

(Mercury)

(to be continued day-to-day until business

is completed or until June 23, 2006)

Illinois Environmental Protection

Agency Office Building

Training Room 1214 West

1021 N. Grand Avenue East,

North Entrance

Springfield

6/15/06

11:00 AM

Illinois Pollution Control Board Meeting

Chicago

James R. Thompson Center

Conference Room 09-040

100 W. Randolph Street

Chicago

06/29/06

1:00 PM

R06-20

In the Matter of: Proposed Amendments

to the Board’s Special Waste Regulations

Concerning Used Oil, Ill. Adm. Code

808, 809

Michael A. Bilandic Buiding

Room N-502

160 LaSalle St.

Chicago

 

---

Environmental Register – April 2006

20

Restricted Status/Critical Review

 

The Environmental Protection Act prohibits the Agency from issuing a construction permit that will cause or extend

a violation. A construction permit to expand the distribution system cannot be granted when a water supply has a

maximum contaminant level or treatment technique violation, an inadequate source of raw water supply, inadequate

treatment plant capacity, finished water storage or distribution system pressure. A Restricted Status List is published

quarterly in the Illinois Pollution Control Board Environmental Register to notify those persons considering

expansion of a water supply distribution system of that status before large sums of money have been spent on items

such as land acquisition, financing and engineering fees. A companion Critical Review List is published

concurrently with the Restricted Status List and has the water supplies that are approaching a point where the supply

could be placed on Restricted Status. A permit application from a supply on Critical Review will be examined

carefully to ensure that the proposed construction will not cause a violation. Restricted Status and Critical Review

are presented as a combined list with the status of the water supply denoted as either RS (Restricted Status) or CR

(Critical Review). The current list reflects the status as of January 1, 2006. An asterisk, * , beside the water supply

indicates public water supplies that have been added to the Restricted Status/Critical Review list since the previous

publication.

Restricted Status List

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.

Critical Review List

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 that 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.

 

---

Environmental Register – April 2006

21

Illinois Environmental Protection Agency

Division of Public Water Supplies

April 2006

 

 

SYSTEM NAME

 

EPA

RGN

 

NATURE OF

PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

ALTERNATIVE BEHAVIOR TREATMENT

CENTER - IL0977189

2 INADEQUATE

PRESSURE TANK

50 6/15/1988

ALTO PASS WATER DISTRICT - IL1815150 7 DISINFECTION BY-

PRODUCTS

1031 1/15/2005

ARLINGTON REHABILITATION LIVING

CENTER - 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

PRESSURE TANK

700 12/15/1993

BALCITIS PUMP CORP - IL2015100 1 INADEQUATE

STORAGE

150 1/1/2006

BRADLEY HEIGHTS SUBDIVISION - IL2015050 1 INADEQUATE

PRESSURE TANK

192 9/13/1985

BUCKINGHAM - IL0910250 2 INADEQUATE

PRESSURE TANK

340 3/17/1989

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

CHANDLERVILLE - IL0170200 5 INAD &

UNAPPROVED

STORAGE

704 1/1/2006

COOKSVILLE - IL1130400 4 TTHM &

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

D L WELL OWNERS ASSOCIATION - IL0975380 2 INADEQUATE

PRESSURE TANK

141 3/18/1983

---

Environmental Register – April 2006

22

SYSTEM NAME

 

EPA

RGN

 

NATURE OF

PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

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 TRIHALOMETHAN

E

197 9/15/2005

DOVER - IL0110350 1 INADEQUATE

PRESSURE TANK

169 5/25/1981

EAST END WATER ASSOCIATION - IL1610140 1 INADEQUATE

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

EVANSVILLE - IL1570250 6 TRIHALOMETHAN

E

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

GARDEN STREET IMPROVEMENT

ASSOCIATION - IL1975376

2 INADEQUATE

PRESSURE TANK

54 9/15/1989

GOOD SHEPHERD MANOR - IL0915189 2 INADEQUATE

PRESSURE TANK

25 3/17/1989

GREAT OAKS AND BEACON HILLS

APARTMENTS - IL2015488

1 INADEQUATE

PRESSURE TANK

2420 12/17/1982

HAWTHORN WOODS - IL0970450 2 INADEQUATE

PRESSURE TANK

672 3/15/1995

HEATHERFIELD SUBDIVISION - IL0635150 2 INADEQUATE

PRESSURE TANK

75 9/17/1982

---

Environmental Register – April 2006

23

SYSTEM NAME

 

EPA

RGN

 

NATURE OF

PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

HECKER - IL1330150 6 DISINFECTION BY-

PRODUCTS

608 1/15/2005

HETTICK - IL1170500 5 TRIHALOMETHAN

E

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

INGALLS PARK SUBDIVISION - IL1975880 2 INADEQUATE

PRESSURE TANK

745 9/16/1983

IOLA - IL0250010 7 DISINFECTION BY-

PRODUCTS

140 1/15/2005

KIRK WATER LINE INC - IL0330030 4 INADEQUATE

SOURCE CAPACITY

72 3/15/2002

LAKE LYNWOOD WATER SYSTEM - IL0735330 1 INADEQUATE

PRESSURE TANK

75 8/31/1981

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

LONDON MILLS - IL0574620 5 INADEQUATE

PRESSURE TANK

447 12/14/1984

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

---

Environmental Register – April 2006

24

SYSTEM NAME

 

EPA

RGN

 

NATURE OF

PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

MOECHERVILLE WATER DISTRICT - IL0895300 2 INADEQUATE

PRESSURE TANK

975 3/20/1981

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 COMPANY,

INC. - IL0735200

1 INADEQUATE

PRESSURE TANK

115 12/15/1989

PANAMA - IL0054720 6 TTHM, DBP, INAD

STORAGE

380 1/1/2006

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

ASSOCIATION - IL0971160

2 INADEQUATE

PRESSURE TANK

293 6/15/1999

PRAIRIE RIDGE ASSOCIATION - IL1115730 2 INADEQUATE

PRESSURE TANK

130 10/1/2004

RIDGECREST NORTH SUBDIVISION - IL0635250 2 INADEQUATE

PRESSURE TANK

60 9/16/1993

RIDGEWOOD LEDGES WATER ASSOCIATION -

IL1615670

1 INADEQUATE

PRESSURE TANK

370 3/20/1981

RIDGEWOOD SUBDIVISION - IL1977650 2 INADEQUATE

PRESSURE TANK

250 6/18/1982

ROBINSON-PALESTINE WATER COMMSSION -

IL0335030

4 INADEQUATE

PLANT CAPACITY

11317 11/1/2001

SHAWNITA TRC WATER ASSOCIATION -

IL1977690

2 INADEQUATE

PRESSURE TANK

125 9/17/1992

SILVIS HEIGHTS WATER CORP - IL1615750 1 INADEQUATE

HYDRO STORAGE

1600 12/1/2003

---

Environmental Register – April 2006

25

SYSTEM NAME

 

EPA

RGN

 

NATURE OF

PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

SKYVIEW SBDV - IL0915526 2 INADEQUATE

PRESSURE TANK

45 3/16/1990

SMITHBORO - IL0050250 6 DISINFECTION BY-

PRODUCTS

200 1/15/2005

ST CHARLES COMMSSION WELLFUND 3 -

IL0437040

2 INADEQUATE

PRESSURE TANK

30 12/15/1989

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

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

WEST SHORE PARK SUBDIVISION - IL0977370 2 INADEQUATE

PRESSURE TANK

528 6/15/2000

WEST SHORELAND SUBDIVISION - IL0977050 2 INADEQUATE

PRESSURE TANK

189 6/14/1991

WESTERN WAYNE WATER DISTRICT -

IL1910010

7 TRIHALOMETHAN

E

2262 9/15/2005

WIENEN ESTATES - IL0850030 1 INADEQUATE

PRESSURE TANK

70 12/15/1997

---

Environmental Register – April 2006

26

SYSTEM NAME

 

EPA

RGN

 

NATURE OF

PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

WILLIAMSON - IL1191100 6 TRIHALOMETHAN

E

340 9/15/2005

WONDER LAKE WATER COMPANY - IL1115750 2 INADEQUATE

PRESSURE TANK

1442 6/16/1994

YORK CENTER COOP - IL0437550 2 INADEQUATE

PRESSURE TANK

240 6/15/1988

 

 

Division of Public Water Supplies

Critical Review List - Public Water Supplies

April 2006

 

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 INAD PLANT &

SOURCE CAP

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

CEDARVILLE - IL1770050 1 EMERGENCY

POWER

800 1/1/2006

CLAYTON-CAMP-POINT WATER

COMMISSION - IL0015200

5 INADEQUATE

PUMPING

CAPACITY

1800 9/15/1998

COLUMBIA - IL1330050 6 INADEQUATE

PUMPING

CAPACITY

8365 3/15/1998

---

Environmental Register – April 2006

27

SYSTEM NAME

 

EPA

RGN

NATURE OF

PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

CROPPERS 1ST 4TH AND 5TH ADDITION -

IL1615250

1 UNDERSIZED

WATERMAINS

650 1/1/2006

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

HAMEL - IL1190450 6 INADEQUATE

STORAGE

CAPACITY

650 1/1/2006

HOLIDAY SHORES SD - IL1195110 6 INADEQUATE

STORAGE

CAPACITY

3192 1/1/2006

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

LACON - IL1230100 1 UNDERSIZED

WATERMAINS

1979 1/1/2006

LEE - IL1034600 1 INADEQUATE

PRESSURE TANK

350 10/1/2004

MALDEN - IL0110550 1 UNDERSIZED

WATERMAINS

370 1/1/2006

MARION - IL1990550 7 INADEQUATE

SOURCE CAPACITY

14610 11/1/2001

MASON CITY - IL1250350 5 INADEQUATE

STORAGE

CAPACITY

2558 1/1/2006

MATHERSVILLE - IL1310200 1 INADEQUATE

SYSTEM PRESSURE

793 9/13/2000

MC HENRY SHORES WATER COMPANY -

IL1115020

2 LOW SYSTEM

PRESSURE

1813 9/17/1992

---

Environmental Register – April 2006

28

SYSTEM NAME

 

EPA

RGN

NATURE OF

PROBLEM

 

POP

SERVED

 

LISTING

DATE

 

MECHANICSBURG-BUFFALO WTR CMSN -

IL1675150

5 INADEQUATE

SOURCE CAPACITY

1350 3/15/1998

OTTER CREEK LAKE UTILITIES DISTRICT -

IL2015320

1 INADEQUATE

STORAGE

CAPACITY

2753 1/1/2006

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 &

UNDERSIZED

WATERMAINS

8420 1/1/2006

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 INAD PRES

STORAGE & LOW

SYS

924 9/14/1984

WALNUT HILL - IL1210600 6 LOW SYSTEM

PRESSURE

1470 6/14/1985

WATERLOO - IL1330300 6 INADEQUATE

STORAGE

7614 10/1/2004

WORDEN - IL1191200 6 INADEQUATE

STORAGE

CAPACITY

906 1/1/2006

 

WATER SYSTEMS REMOVED FROM PREVIOUS LIST

PARK VIEW WATER CORPORATION - KANE CO - IL08795500

WOODSMOKE RANCH ASSN - LASALLE CO - IL0990030

PRAIRIE VIEW WTR ASSN - TAZEWELL CO - IL1795900

HARBOR LITES PISTAKEE FSHG CL - IL1110011

EDGINGTON WATER DISTRICT - IL1615550

 

WATER SYSTEM NAME CHANGES SINCE PREVIOUS LISTS

Sbdv Water Trust #1 - IL0895300 - name changed to MOECHERVILLE WATER DISTRICT

 

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Environmental Register Comment Card

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The Illinois Pollution Control Board is an in

dependent 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 rul

emakings, descriptions of final decisions, the Board

’

s hearing

calendar, and other environmental law information.

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CUT HERE

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Illinois Pollu

tion Control Board

Environmental Register Coordinator

1021 N. Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794

-

9274