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’s heavy rulemaking docket continued to advance in September and
October. There were various actions in several identical-in-substance rules
(R06-13, R06-16, 17, 18 (cons.), R07-1, R07-3, R07-4, R07-6, R07-7) as well as
in high profile rules such as R06-25 (proposed clean air mercury rule) and R06-
26 (proposed clean air interstate rule). Some lower profile rules also had
significant activity, which will be addressed in the body of this letter.
Notably on September 7, 2006, the Board adopted for final notice a proposed
new Part 1600 of the Board’s regulations. The proposal sets standards and
requirements for potable water well surveys and for community relation activities
in response to threats of or impacts from 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 from Contamination Under PA
94-314: New 35 Ill. Adm. Code 1600 (R06-23). On January 20, 2006, the
Illinois Environmental Protection Agency (IEPA) filed this proposal in response
to Public Act 94-314, effective July 25, 2005, which added a new Title VI-D
(“Right-To-Know”) to the Environmental Protection Act. Public Act 94-314 required the Board to adopt well
survey and community relation rules no later than September 17, 2006.
Within the new Part 1600, Subpart B establishes well survey procedures and minimum standards for the
performance and documentation of surveys during site investigations. The well survey rules apply to response
actions requiring that a release of contaminants be addressed. Subpart C includes two alternative levels of
community relation activities depending on the severity of the offsite impacts or threats of impact. Subpart C also
establishes requirements for document repositories, notices, fact sheets, and community relation plans. Finally,
Subpart D sets forth the IEPA’s review of an authorized party’s community relation plan and the execution of that
plan.
Also on September 7, 2006, the Board sent to first notice proposed amendments to the Tiered Approach to
Corrective Action Objectives (TACO), docketed as In the Matter of: Proposed Amendments to Tiered Approach to
Corrective Action Objectives (35 Ill. Adm. Code 742), R06-10. On September 30, 2005, the Illinois Environmental
Protection Agency filed proposed amendments to the TACO rules in Part 742 of Title 35 of the Illinois
Administrative Code (35 Ill. Adm. Code 742).
Generally, the TACO rules provide methods for developing risk-based remediation objectives for use in cleaning up
environmental contamination under several regulatory programs: Site Remediation Program (SRP), Leaking
Underground Storage Tank (LUST) Program, and Resource Conservation and Recovery Act (RCRA) Part B
Permits and Closures.
The proposed first-notice amendments are primarily designed to update standards and improve procedures under
TACO. The amendments also make numerous corrections and clarifications. Specific changes include the addition
of background soil levels for polynuclear aromatic hydrocarbons (PAHs), newly applicable residential remediation
objectives to protect construction workers, and enhanced flexibility in using ordinances to exclude the groundwater
ingestion exposure pathway. The proposal also provides for mandatory forms to be used for certain institutional
controls. Publication of these proposed amendments in the
Illinois Register
will begin a 45-day public comment
period.
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. The Clerk’s Office On-
Line (COOL) provides 24-hour electronic access to the Board’s case files and docket information. 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,
G. Tanner Girard, Ph.D.
Acting Chairman
Environmental Register – October 2006
1
Inside This Issue:
FEDERAL UPDATE
P. 1
R
ULE UPDATE
P. 3
B
OARD ACTIONS
P. 6
N
EW CASES
P. 10
P
ROVISIONAL VARIANCES
P. 10
B
OARD CALENDAR
P. 11
R
ESTRICTED STATUS/CRITICAL REVIEW
P. 12
Back to top
Federal Update
United States Environmental Protection Agency Adopts Regional Haze Revisions to Clean
Air Act Rules for Source-Specific Best Available Retrofit Technology (BART)
Determinations
On October 13, 2006 (71 Fed. Reg. 60611) the United States Environmental Protection Agency
(USEPA) adopted amendments to the regional haze regulations governing alternatives to source-
specific Best Available Retrofit Technology (BART) determinations.
USEPA promulgated regulations to address a type of visibility impairment known as regional
haze in 1999. The regional haze regulations have been judicially challenged twice; this USEPA
action addresses the February 2005 court ruling: Center for Energy and Economic Development
v. EPA, 398 F.3d 653 (DC Cir. 2005)(concerning an optional emissions trading program for
certain western States and Tribes known as the Western Regional Air Partnership (WRAP) Annex
Rule). This final rule adds the revisions USEPA proposed in August 2005 for alternative trading
programs, including some changes in response to the public comments.
USEPA amended the generally applicable provisions at Sec. 51.308(e)(2), which prescribe the
type of analysis used to determine emissions reductions achievable from source-by-source BART,
for purposes of comparing to the alternative program. These amendments reconcile the
methodology for determining whether an alternative program is approvable with the court's
decision in Center for Energy and Economic Development v. EPA
. The adopted rule also
establishes the minimum elements of an acceptable cap and trade program and provides for
consistent application of the BART guidelines for electric generating units (EGUs) between
source-by-source programs and alternative cap and trade programs.
USEPA also amended parts of the rule to enable certain western States and Tribes to continue to
utilize strategies as an optional means to satisfy reasonable progress requirements for certain Class
I areas, for the first long-term planning period. USEPA stated that these changes provide western
States and Tribes with an opportunity to revise and resubmit the backstop SO
2
emissions trading
program absent any requirement to assess visibility on a cumulative basis when determining the
emissions reductions achievable by source-by-source BART.
This rule is effective December 12, 2006.
For further information contact Kathy Kaufman, EPA, Air Quality Planning Division, Geographic
Strategies Group, C504-02, telephone number 919-541-0102 or by e-mail
atkaufman.kathy@epa.gov
; or Todd Hawes, EPA, Air Quality Planning Division, Geographic
Strategies Group, C504-02, telephone number 919-541-5591 or by e-mail at
hawes.todd@epa.gov
>.
Environmental Register – October 2006
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 (2006)).
United States Environmental Protection Agency Adopts Revisions to Ambient Air
Monitoring Regulations Under the Clean Air Act
On October 17, 2006 (71 Fed. Reg. 61235) the United States Environmental Protection Agency
(USEPA) adopted final amendments to revise its ambient air monitoring regulations.
In this rule, the USEPA issued final amendments to the ambient air monitoring requirements for
criteria pollutants. The purpose of the amendments is to enhance ambient air quality monitoring
to better serve current and future air quality management and research needs. The final
amendments establish limited ambient air monitoring requirements for thoracic coarse particles in
the size range of PM
10-2.5
to support continued research into these particles' distribution, sources,
and health effects. The ambient air monitoring amendments require each State to operate one to
three monitoring stations that take an integrated, multi-pollutant approach to ambient air
monitoring. In addition, the final amendments modified the general monitoring network design
requirements for minimum numbers of ambient air monitors to focus on populated areas with air
quality problems and to reduce significantly the requirements for criteria pollutant monitors that
have measured ambient air concentrations well below the applicable National Ambient Air
Quality Standards.
The amendments also revised certain provisions regarding monitoring network descriptions and
periodic assessments, quality assurance, and data certifications. A number of the amendments
relate specifically to PM
2.5
and revised the requirements for reference and equivalent method
determinations (including specifications and test procedures) for fine particle monitors.
The Illinois areas designated as non-attainment for PM
2.5
are as follows:
In the Chicago area, Cook, DuPage, Grundy, Kane, Kendall, Lake, McHenry, and Will Counties
are designated as non-attainment; and in the Metro-East area, Madison, Monroe, Randolph (the
Baldwin Village area only), and St. Clair Counties are designated as non-attainment.
The rest of the State is designated as "unclassified/attainment."
This final rule is effective on December 18, 2006.
For general questions concerning the final amendments, contact Mr. Lewis Weinstock, U.S. EPA,
Office of Air Quality Planning and Standards, Air Quality Assessment Division, Ambient Air
Monitoring Group (C304-06), Research Triangle Park, North Carolina 27711; telephone number:
(919) 541-3661; fax number: (919) 541-1903; e-mail address: weinstock.lewis@epa.gov
.
For technical questions, contact Mr. Tim Hanley, U.S. EPA, Office of Air Quality Planning and
Standards, Air Quality Assessment Division, Ambient Air Monitoring Group (C304-06), Research
Triangle Park, North Carolina 27711; telephone number: (919) 541-4417; fax number: (919) 541-
1903; e-mail address: hanley.tim@epa.gov
.
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 (2006)).
United States Environmental Protection Agency Adopts National Ambient Air Quality
Standards for Particulate Matter Under the Clean Air Act
On October 17, 2006 (71Fed. Reg. 61143) the United States Environmental Protection Agency
(USEPA) adopted national ambient air quality standards (NAAQS) for particulate matter (PM).
Environmental Register – October 2006
3
USEPA stated that, based on its review of the air quality criteria and NAAQS for PM, that
revisions to the primary and secondary NAAQS for PM were necessary to provide increased
protection of public health and welfare, respectively. With regard to primary standards for fine
particles (generally referring to particles less than or equal to 2.5 micrometers in diameter, PM
2.5
),
USEPA revised the level of the 24-hour PM
2.5
standard to 35 micrograms per cubic meter and
retained the level of the annual PM
2.5
standard at 15 micrograms per cubic meter.
With regard to primary standards for particles generally less than or equal to 10[mu]m in diameter
(PM
10
), USEPA retained the 24-hour PM
10
standard and revoked the annual PM
10
standard.
USEPA amended the secondary PM standards to be identical in all respects to the primary PM
standards, as revised.
This final rule is effective on December 18, 2006.
For further information contact: Ms. Beth M. Hassett-Sipple, Mail Code C504-06, Health and
Environmental Impacts Division, Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina 27711, telephone:
(919) 541-4605, e-mail: hassett-sipple.beth@epa.gov
.
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 (2006)).
Rule Update
Board Adopts Final Order in SDWA Update, USEPA Amendments (July 1, 2005 though
December 31, 2005) (R06-15)
On October 5, 2006, the Board adopted a final opinion and order in SDWA Update, USEPA
Amendments (July 1, 2005 though December 31, 2005) (R06-15). The adopted amendments,
effective October 13, 2006, were published at 30 Ill. Reg. 17004 (October 27, 2006).
The Board made some substantive changes to its original proposal for public comment to allow
the continued use of the Board’s Clerk’s Office On Line (COOL) filing system and any existing
electronic document receiving system for the maximum time allowed by the United States
Environmental Protection Agency (USEPA) under the Cross-Media Electronic Reporting Rule
(CROMERR).
This rulemaking incorporates one federal action on October 13, 2005 (70 Fed. Reg. 59848). In
the October 13, 2005 action, the United States Environmental Protection Agency established the
CROMERR. The CROMERR sets standards for the filing of documents in various federal
program areas in an electronic format. While the CROMERR 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 CROMERR 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.
Only those filings and electronic document receiving systems approved in advance by USEPA
qualify under the CROMERR. Any state system used to receive electronic documents must obtain
USEPA approval before the state may use it, except that a state may continue to use an existing
electronic document receiving system, provided that it was in existence on October 13, 2005, until
October 15, 2007, pending USEPA review and approval. USEPA is clear that any filing of
documents in an electronic format is voluntary, and not compulsory, and the CROMERR creates
no right or privilege to file any document in an electronic format.
Environmental Register – October 2006
4
CROMERR imposes 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.
As to rules for filing documents with the Board or the Illinois Environmental Protection Agency
(IEPA), the proposed amendments repeat at Section 611.105(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 proposed
amendments provide at Section 611.105(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 Section 611.105(a)(4)
that clarifies that the Board or the IEPA may adopt rules to govern electronic submissions. The
Board has also included in the rule language identical in substance to federal provisions in Section
611.105(e) that make it clear that electronic filings will be treated in the same way as are properly
signed paper filings.
The federally-authorized programs to which the CROMERR applies are all state-implemented
aspects of the Clean Air Act (all conventional and hazardous air pollutant aspects), Clean Water
Act (National Pollutant Discharge Elimination System, wastewater pretreatment, and sludge
management aspects), Safe Drinking Water Act (national primary drinking water standards and
underground injection control aspects), Resource Conservation and Recovery Act (hazardous
waste, municipal solid waste landfill, and underground storage tank aspects), and the Lead-Based
Paint Exposure Abatement Act programs. The Board has proposed amendments 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) to
update its hazardous waste, underground injection control, and municipal solid waste landfill rules
to include the CROMERR standards. The Board’s April 6, 2006 opinion and order was reported
in more detail in the
Environmental Register
No. 622 (April 2006) at p.2-4. Additionally, in
response to a request of the IEPA, on June 1, 2006 the Board extended the public comment in the
R06-16/17/18 docket. The Board’s June 1, 2006 opinion and order was reported in more detail in
the
Environmental Register
No. 624 (June 2006) at p.4.
Copies of the Board’s opinion and order in R06-15 may be obtained by calling Dorothy Gunn at
312-814-3620, or by downloading copies from the Board’s Web site at www.ipcb.state.il.us.
For additional information contact Michael J. McCambridge at 312-814-6924; e-mail address
mccambm@ipcb.state.il.us
Board Adopts Final Opinion and order in Wastewater Pretreatment Update, USEPA
Amendments (July 1, 2005 through December 31, 2005) (R06-13)
On October 19, 2006, the Board adopted a final opinion and order in Wastewater Pretreatment
Update, USEPA Amendments (July 1, 2005 through December 31, 2005) (R06-13). The final
amendments, filed and effective on October 26, 2006, are scheduled to be published in the
Illinois
Register
on November 10, 2006.
The principal amendments adopted in this rulemaking involve (1) federal standards for filing
documents in an electronic format; (2) changes to the general pretreatment standards that USEPA
intended to decrease the regulatory burden on industrial users; and (3) changes to the effluent
guidelines and wastewater pretreatment requirements applicable to the Iron and Steel
Manufacturing Point Source category.
Environmental Register – October 2006
5
In this update, the Board acted on three different federal rulemakings published at 70 Fed. Reg.
59848 (October 13, 2005), 70 Fed. Reg. 60134 (October 14, 2005), and 70 Fed. Reg. 73618
(December 13, 2005).
Cross-Media Electronic Reporting Rule
The Board made some substantive changes to its original proposal for public comment to allow
the continued use of any existing electronic document receiving system for the maximum time
allowed by the United States Environmental Protection Agency (USEPA) under the Cross-Media
Electronic Reporting Rule (CROMERR). These are described in more detail in the story
concerning the R06-15 SDWA Update, immediately above.
Streamlining Amendments to the General Pretreatment Standards--Subparts A and U of
Part 307 and Subparts A, B, C, E, F, G, and H of Part 310
The USEPA action of October 14, 2005 (70 Fed. Reg. 60134) incorporated streamlining
amendments into the general wastewater pretreatment standards. USEPA stated that the
amendments make the pretreatment standards consistent with the National Pollutant Discharge
Elimination System (NPDES) requirements for direct dischargers. USEPA said the amendments
would reduce the regulatory burden on industrial users, publicly owned treatment works
(POTWs), and States without adverse environmental effects.
The single aspect of the federal amendments warranting specific discussion in the Board’s opinion
concerned a segment of the federal sludge management rules not previously adopted by the Board.
In Pretreatment Update, USEPA Regulations (January 1, 1993 through June 30, 1993)
, R93-20
(May 5, 1994) the Board determined not to adopt some elements of the federal sludge
management rules published at 58 Fed. Reg. 9248 (February 19, 1993). The Board held that
adoption of the segments of those rules that affected the wastewater pretreatment requirements
related to pollutant removal credits was beyond the scope of the wastewater pretreatment
identical-in-substance mandate of Section 13.3 of the Act. 415 ILCS 5/13.3 (2004). In this R06-
13 docket, the Board revisited this issue, and decided to add to Board rules a segment of text from
the federal sludge management rules.
Under 40 C.F.R. 403.7 (corresponding with Subpart C of 35 Ill. Adm. Code 310) of the
pretreatment rules, a Control Authority may grant an industrial user credit for removal of a
pollutant from its waste stream. The removal credit for that pollutant, based on the percentage of
the individual pollutant consistently removed from the industrial user’s waste stream, allows the
Control Authority to derive proportionately higher discharge limits for that pollutant than those set
forth in the applicable pretreatment standard.
The portions of the federal sludge management rule not included by the Board in R93-20 were
two tables in appendix G to the wastewater pretreatment rules.
See
40 C.F.R. 403.7(a)(3)(iv)
(2005) (normally corresponding with 35 Ill. Adm. Code 310.303(d)); appendix G to 40 C.F.R.
403 (2005). The two tables list the pollutants for which removal credits are available, based on
the mode of use or disposal of the sewage sludge produced by the POTW that receives the
industrial user’s wastewater. The Illinois pretreatment rules as adopted in 1993 lacked a listing of
pollutants for which removal credits are available. The Board found that a reference to this table
in the Illinois rules would provide guidance to the regulated community, add definiteness to the
rules, and aid implementation of the requirements.
While the adoption of sludge management requirements is beyond the scope of the Board’s
wastewater pretreatment rules, the Board concluded in R06-13 that the lists of pollutants adopted
with the sludge requirements are a necessary segment of the wastewater pretreatment
requirements. USEPA adopted the sludge management requirements under section 405(d) and (e)
of the Clean Water Act (33 U.S.C. 1345(d) and (e) (2002)), which is outside the scope of the
identical-in-substance mandate of Section 13.3 of the Act (415 ILCS 5/13.3 (2004)).
See
58 Fed.
Reg. at 9248. Nevertheless, in the preamble to the adoption of that rule, USEPA discussed the
authority of section 307(b) and (c) of the Clean Water Act (33 U.S.C. 1317(d) and (e) (2002)),
which are the authority for adoption of the wastewater pretreatment standards, when it adopted the
Environmental Register – October 2006
6
sludge management rule.
See
58 Fed. Reg. at 9249. Thus, incorporation of the lists of pollutants
for which removal credits are available into the Illinois wastewater pretreatment regulations is
required under Section 13.3 of the Act. 415 ILCS 5/13.3 (2004). The Board added an
incorporation of appendix G to 40 CFR 403 by reference for the purposes of the removal credits
provision, Section 310.303(d).
Streamlining Amendments to the General Pretreatment Standards--Subparts A and U of
Part 307 and Subparts A, B, C, E, F, G, and H of Part 310
The USEPA action of December 13, 2005 (70 Fed. Reg. 73618) amended the pretreatment
standards applicable to the Iron and Steel Manufacturing Point Source Category. USEPA
amended the rules to make the “water bubble” concept applicable to oil and grease effluent
limitations. This “water bubble” applies exclusively to direct dischargers, not to wastewater
pretreatment. A correction included in the federal amendments does affect the federal wastewater
pretreatment regulations: USEPA corrected an error in recitations of the effective date of various
segments of the rules. USEPA corrected the date from “after November 19, 2012 and before
November 18, 2002” to “after November 19, 1992 and before November 18, 2002” in four
separate provisions.
Copies of the Board’s opinion and order in R06-13 may be obtained by calling Dorothy Gunn at
312-814-3620, or by downloading copies from the Board’s Web site at www.ipcb.state.il.us.
For additional information contact Mike McCambridge at 312/814-6924; e-mail address:
mccambm@ipcb.state.il.us.
Board Actions
October 5, 2006
Chicago, Illinois
Rulemakings
R06-15
SDWA Update, USEPA Amendments (July 1, 2005 through December 31,
2005) – The Board adopted a final opinion and order in this “identical-in-
substance” rulemaking which amends the Board’s drinking water regulations.
4-0
R, Water
Administrative Citations
AC 06-53
County of Ogle v. George C. Heal.
– The Board found that the complainant
provided adequate service of the administrative citation upon the respondent and
directed the hearing officer to proceed expeditiously to hearing.
4-0
AC 07-5
IEPA v. Allen and Lois Noltensmeier
– The Board found that these Mason
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
Environmental Register – October 2006
7
AC 07-6
IEPA v. Landfill 33 Ltd., Richard Deibel, and Brian Hayes
– The Board found
that these Effingham County respondents violated Section 21(p)(1) of the Act
(415 ILCS 5/21(o)(5) (2004)), and ordered respondents to pay a civil penalty of
$500.
4-0
AC 07-7
IEPA v. Matthew P. Bailey
- The Board found that this Wayne County
respondent violated Section 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.
4-0
AC 07-8
IEPA v. Allied Waste, Inc.
– The Board found that this Bond 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 07-9
IEPA v. Charles F. Kinsel
- The Board found that this Fulton County respondent
violated Section 21(p)(1) and (p)(3) of the Act (415 ILCS 5/21(p)(1), (p)(3)
(2004)), and ordered respondent to pay a civil penalty of $4,500.
4-0
AC 07-10
IEPA v. Michael Rickard
– The Board granted complainant’s motion to
withdraw this administrative citation, and closed the docket.
4-0
Decisions
PCB 06-27
People of the State of Illinois v. Joel Hillman
– In this air 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 $40,000, and to cease and desist
from further violations.
4-0
A-E
Motions and Other Matters
PCB 02-196
Smoot Oil Company v. IEPA
– The Board granted this Union County facility’s
motion for voluntary dismissal of this underground storage tank appeal.
4-0
UST Appeal
PCB 04-16
People of the State of Illinois v. Packaging Personified, Inc., an Illinois
corporation – The Board granted respondent's motion for interlocutory appeal
from the hearing officer order dated June 28, 2006 and affirmed that order which
denied respondent's motion to compel discovery.
4-0
A-E
PCB 06-163
The Theodore Kosloff Trust (as formed by the irrevocable Agreement of Trust of
Theodore Kosloff, dated December 6, 1989, for Rachel Kosloff and Abigail
Kosloff v. A&B Wireform Corporation – The Board denied complainant’s
motion for default judgment.
4-0
L-E
Environmental Register – October 2006
8
PCB 06-178
People of the State of Illinois v. Galena Hillside Homes, Inc.
– 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
Jo Daviess County facility, the Board ordered publication of the required
newspaper notice.
4-0
W-E
NPDES
PCB 06-186
American National Bank & Trust – Land Trust 12434-06 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
facility in Cook County.
4-0
UST Appeal
PCB 06-187
Omni Bioenergy, L.L.C. v. IEPA
– Having previously granted a request for a 90-
day extension, the Board dismissed this matter because no permit appeal was
filed on behalf of this facility in Madison County.
4-0
P-A
Air
PCB 07-20
Atkinson Landfill Company v. The Village of Atkinson and The Village Board
of the Village of Atkinson – The Board accepted for hearing this pollution
control facility siting appeal involving a Henry County facility.
4-0
P-C-F-S-R
October 19, 2006
Chicago, Illinois
Rulemakings
R06-13
In the Matter of: Wastewater Pretreatment Update, USEPA Amendments (July
1, 2005 through December 31, 2005) – The Board adopted a final opinion and
order in this “identical-in-substance” rulemaking which amends the Board’s
wastewater pretreatment regulations.
4-0
R, Water
Administrative Citations
AC 06-50
IEPA v. Marla Lewis Gates, Mark Gates, and Mark Kingsley Lewis
– The Board
dismissed respondent Mark Gates petition for review due to Gates’ failure to file
an amended petition to cure deficiencies as instructed by the August 4, 2006
Board order. The Board also dismissed the administrative citation regarding
remaining respondents Marla Lewis Gates and Mark Kingsley Lewis due to
complainant’s failure to file proof of service. The Board found that Mark Gates
violated Section 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.
4-0
AC 07-11
County of Ogle v. Veolia Es Orchard Hills Landfill, Inc. f/d/b/a Onyx Orchard
Hills Landfill, Inc. – The Board found that this Ogle 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.
4-0
Environmental Register – October 2006
9
AC 07-14
County of LaSalle v. Eric and Sarah Cook
– The Board found that these LaSalle
County respondents violated Section 21(p)(1) and (p)(3) of the Act (415 ILCS
5/21(p)(1), (p)(3) (2004)), and ordered respondents to pay a civil penalty of
$3,000.
4-0
AC 07-16
IEPA v. Dennis Ballinger
– The Board accepted for hearing this petition for
review of an administrative citation against this Edgar County respondent.
4-0
Motions and Other Matters
PCB 03-191
People of the State of Illinois v. Community Landfill Company, Inc. and the City
of Morris – The Board granted complainant’s motion for expedited interlocutory
appeal of the hearing officer’s October 3, 2006 order, affirmed the hearing
officer’s order, and denied complainant’s motion for interim relief.
4-0
L-E
PCB 06-104
People of the State of Illinois v. Moore Painting Company and Illinois-American
Water Company – Upon receipt of a proposed partial 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
A,L,&W-E
PCB 06-194
Dynegy Midwest Generation, Inc. (Vermilion Power Station) v. IEPA
– The
Board accepted for hearing this permit appeal involving a Vermilion County
facility.
4-0
P-A, Air
PCB 07-22
Estate of William Eggert v. IEPA
– The Board accepted for hearing this
amended underground storage tank appeal involving a Cook County facility.
4-0
UST Appeal
PCB 07-23
People of the State of Illinois v. Greg Giertz d/b/a Giertz Swine Farm #1
– The
Board accepted for hearing this water enforcement action involving a site located
in Mercer County.
4-0
W-E
PCB 07-25
People of the State of Illinois v. Isaacson Construction, Inc.
– The Board
accepted for hearing this water enforcement action involving a site located in
McLean County.
4-0
L-E
Environmental Register – October 2006
10
New Cases
October 5, 2006 Board Meeting
07-020
Atkinson Landfill Company v. The Village of Atkinson and The Village Board of the
Village of Atkinson – The Board accepted for hearing this pollution control facility siting appeal
involving a Henry County facility.
07-021
Maple Quick Mart and Ranjit Singh v. IEPA
– No action taken.
AC 07-017
IEPA v. Lee County Landfill, S.C., L.L.C. and Dave Geier
– The Board accepted an
administrative citation against these Lee County respondents.
October 19, 2006 Board Meeting
07-022
Estate of William Eggert v. IEPA – The Board accepted for hearing this amended
underground storage tank appeal involving a Cook County facility.
07-023
People of the State of Illinois v. Greg Giertz d/b/a Giertz Swine Farm #1
– The Board
accepted for hearing this water enforcement action involving a site located in Mercer County.
07-024
Webb & Sons, Inc. v. IEPA – No action taken.
07-025
People of the State of Illinois v. Isaacson Construction, Inc
. – The Board accepted for
hearing this water enforcement action involving a site located in McLean County.
AC 07-018
County of Ogle v. Donald and Linda Ebersole and Nathan Mattison
– The Board
accepted an administrative citation against these Ogle County respondents.
AC 07-019
County of Ogle v. Michael Johnson
– The Board accepted an administrative citation
against this Ogle County respondent.
AC 07-020
County of Macon v. Phillip Pugsley
– The Board accepted an administrative citation
against this Macon County respondent.
AC 07-021
County of Macon v. Tim Walker
– The Board accepted an administrative citation
against this Macon County respondent.
Back to top
Provisional Variances
IEPA 07-8 Exelon Generation Company, L.L.C. Dresden Nuclear Generation Station v.
IEPA
– On October 23, 2006, the Illinois Environmental Protection Agency granted Exelon
Generation Company, L.L.C. Dresden Nuclear Generation Station’s request for a variance from
Special Condition 4A and 4D of NPDES Permit IL0002224 for its facility located at the
confluence of the Des Plaines and Kankakee Rivers near Morris. Dresden Station sought the
variance for a six-day period beginning November 7, 2006 through November 12, 2006, in order
to repair a Lift Station Automatic Bus Transfer switch that was damaged by a lighting strike on
July 27, 2006.
Public Act 93-0152 (Senate Bill 222) amended Sections 35-37 of the Illinois Environmental Act
(415 ILCS 5/5(b) (2002)) so that provisional variances are issued by the Illinois Environmental
Protection Agency (IEPA). If the IEPA grants a provisional variance, then the IEPA must file a
copy of its written decision with the Board. The Board must maintain copies of the provisional
variances for public inspection. Copies of provisional variances can be obtained by contacting
the Clerk’s Office at (312) 814-3620, or by visiting the Board’s Website at www.ipcb.state.il.us. If
Environmental Register – October 2006
11
the IEPA denies a provisional variance request, then the applicant may initiate a proceeding with
the Board for a full variance.
Calendar
11/2/06
11:00 AM
Illinois Pollution Control Board Meeting
Videoconference
Chicago/Springfield
James R. Thompson Center
Hearing Room 11-512
100 W. Randolph Street
Chicago
And
1021 N. Grand Avenue East
Oliver Holmes Conference
Room 2012 N
Springfield
11/2/06
1:30 PM
R04-25
In the Matter of: Proposed
Amendments to Dissolved Oxygen
Standard 35 Ill. Adm. Code 302.206
IEPA
North Entrance
TQM Room
1000 E. Converse
Springfield
11/3/06
10:00 AM
R04-25
In the Matter of: Proposed
Amendments to Dissolved Oxygen
Standard 35 Ill. Adm. Code 302.206
IEPA
North Entrance
TQM Room
1000 E. Converse
Springfield
11/14/06
1:00 PM
AC 05-47
Illinois Environmental Protection
Agency v. Stacy Hess
City Hall Council Chambers
111 South Capitol Street
Pekin
11/16 /06
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 9-040
100 W. Randolph Street
Chicago
11/20/06
1:00 PM
PCB 06-
171
American Bottoms Conservancy v.
Illinois Environmental Protection
Agency and United States Steel
Corporation – Granite City Works
County Board Room 203
Madison County
Administration Building
157 N. Main Street
Edwardsville
11/28/06
9:00 AM
R06-26
In the Matter of: Proposed New
Clean Air Interstate Rule (CAIR)
SO2, NOx Annual and NOx Ozone
Season Trading Programs, 35 Ill.
Adm. Code 225. Subparts A, C, D
and E
(to be continued day-to-day until
business is completed or until
December 8, 2006)
James R. Thompson Center
Room 2-025
100 W. Randolph Street
Chicago
12/5/06
9:00 AM
AC 06-49
IEPA v. Michael Gruen and Jon Eric
Gruen, d/b/a Jon’s Tree Service
(IEPA File No. 60-06-AC)
Macoupin County Correction
Center/ Sheriff’s Office
Conference Room B (Upstairs)
215 S. East Street
Carlinville
Environmental Register – October 2006
12
12/7/06
11:00 AM
Illinois Pollution Control Board Meeting
Videoconference
Chicago/Springfield
James R. Thompson Center
Hearing Room 11-512
100 W. Randolph Street
Chicago
And
1021 N. Grand Avenue East
Oliver Holmes Conference
Room 2012 N
Springfield
12/12/06
9:00 AM
PCB 96-98
People of the State of Illinois v.
Skokie Valley Asphalt, Inc., an
Illinois corporation, Edwin L.
Frederick, Jr., individually and as
owner and President of Skokie
Valley Asphalt Co., and Richard J.
Frederick, individually and as owner
and Vice President of Skokie Valley
Asphalt Co., Inc.
James R. Thompson Center
Room 9-034
100 W. Randolph
Chicago
12/21/06
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 9-040
100 W. Randolph Street
Chicago
Illinois Environmental Protection Agency
Division of Public Water Supplies
Restricted Status List – Public Water Supplies
SYSTEM NAME
EPA
RGN
Back to top
NATURE OF PROBLEM
POP
Back to top
SERVED
Back to top
LISTING
DATE
ALTERNATIVE BEHAVIOR
TREATMENT CENTER - IL0977189
2
INADEQUATE
PRESSURE TANK
50
6/15/1988
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
Environmental Register – October 2006
13
SYSTEM NAME
EPA
RGN
Back to top
NATURE OF PROBLEM
POP
Back to top
SERVED
Back to top
LISTING
DATE
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
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
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
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
Environmental Register – October 2006
14
SYSTEM NAME
EPA
RGN
Back to top
NATURE OF PROBLEM
POP
Back to top
SERVED
Back to top
LISTING
DATE
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
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
INGALLS PARK SUBDIVISION -
IL1975880
2
INADEQUATE
PRESSURE TANK
745
9/16/1983
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
Environmental Register – October 2006
15
SYSTEM NAME
EPA
RGN
Back to top
NATURE OF PROBLEM
POP
Back to top
SERVED
Back to top
LISTING
DATE
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
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
Environmental Register – October 2006
16
SYSTEM NAME
EPA
RGN
Back to top
NATURE OF PROBLEM
POP
Back to top
SERVED
Back to top
LISTING
DATE
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
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
Environmental Register – October 2006
17
SYSTEM NAME
EPA
RGN
Back to top
NATURE OF PROBLEM
POP
Back to top
SERVED
Back to top
LISTING
DATE
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
TRIHALOMETHANE
2262
9/15/2005
WIENEN ESTATES - IL0850030
1
INADEQUATE
PRESSURE TANK
70
12/15/1997
WILLIAMSON - IL1191100
6
TRIHALOMETHANE
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
WATER SYSTEMS REMOVED FROM PREVIOUS LIST
ALTO PASS WATER DISTRICT - IL1815150
BEECHER - IL1970050
FRWRD-SKYLINE PLT – IL0895030
IOLA - IL0250010
Illinois Environmental Protection Agency
Division of Public Water Supplies
Critical Review List - Public Water Supplies
October 2006
Back to top
SYSTEM NAME
EPA
RGN
Back to top
NATURE OF PROBLEM
POP
Back to top
SERVED
Back to top
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
Environmental Register – October 2006
18
SYSTEM NAME
EPA
RGN
Back to top
NATURE OF PROBLEM
POP
Back to top
SERVED
Back to top
LISTING
DATE
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
COLUMBIA - IL1330050
6
INADEQUATE PUMPING
CAPACITY
8365
3/15/1998
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
*EFFINGHAM – IL0490250
4
INADEQUATE
DISINFECTION
12384
7/1/2006
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
*GRIGGSVILLE – IL1490300
5
INADEQUATE
TREATMENT PLANT
CAPACITY
1259
10/1/2006
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
Environmental Register – October 2006
19
SYSTEM NAME
EPA
RGN
Back to top
NATURE OF PROBLEM
POP
Back to top
SERVED
Back to top
LISTING
DATE
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
MECHANICSBURG-BUFFALO WTR
CMSN - IL1675150
5
INADEQUATE SOURCE
CAPACITY
1350
3/15/1998
*NAUVOO – IL0670500
5
INADEQUATE
DISINFECTION
1612
7/1/2006
*O’FALLON – IL1970050
2
INADEQUATE STORAGE
CAPACITY
43596
10/1/2006
OTTER CREEK LAKE UTILITIES
DISTRICT - IL2015320
1
INADEQUATE STORAGE
CAPACITY
2753
1/1/2006
*OTTER LAKE WTR CMSN –
IL1175200
5
INADEQUATE PLANT
CAPACITY
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 PRES
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
Environmental Register – October 2006
20
WATER SYSTEMS REMOVED FROM PREVIOUS LIST
BLUFORD - IL0810100
CLAYTON-CAMP-POINT WATER COMMISSION - IL0015200
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.
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Environmental Register Comment Card
The Illinois Pollution Control Board is an independent five-member board
that adopts environmental control standards, rules on enforcement actions,
and other environmental disputes for the State of Illinois.
The
Environmental Register
is published monthly by the Board, and
contains
updates on rulemakings, descriptions of final decisions, the Board’s hearing
calendar, and other environmental law information.
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Illinois Pollution Control Board
Environmental Register Coordinator
1021 N. Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
