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

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Letter from the Chairman

As we head toward the summer months, the Board is busy with two important air

rules, R07-18 and R06-26, that both had significant action in April. R07-18 is a

newly file rulemaking, NO

x

Emissions From Stationary Reciprocating Internal

Combustion Engines and Turbines: Amendments to 35 Ill. Adm. Code Section

201.146 and Parts 211 and 217. The proposal was filed on April 6, 2007, by the

Illinois Environmental Protection Agency (IEPA). The IEPA filed the proposal

pursuant to Section 28.5 of the Illinois Environmental Protection Act (Act).

Section 28.5 of the Act requires the Board to proceed toward adoption of a

proposed regulation by meeting a series of strict deadlines.

On April 19, 2007, the Board accepted the R07-18 proposal for hearing without

commenting on the merits and sent the proposal to first notice. The IEPA

indicates that the proposal is intended to satisfy Illinois’ obligations under the

United States Environmental Protection Agency’s (USEPA) nitrogen oxides

(NO

x

) State Implementation Plan (SIP) Call Phase II. Specifically, IEPA

proposes reducing intrastate and interstate transport of NO

x

emissions on an annual basis and on an ozone season

basis by reducing NO

x

emissions from stationary reciprocating internal combustion engines and turbines. The

proposal also addresses requirements for reasonable further progress, reasonably available control technology, rate

of progress, and attainment demonstrations for National Ambient Air Quality Standards for eight-hour ozone and

particulate matter (PM

2.5

).

The Board’s April 19, 2007 order, noted that two objections to IEPA’s use of Section 28.5 were received. The

Board stated that the rulemaking will continue pursuant to Section 28.5 of the Act until the Board rules on the

objections. The first hearing is now scheduled to begin Monday, May 21st, the second on Tuesday, June 19th, and

the third, if necessary, on Monday, July 2nd. Please check the Board’s website (www.ipcb.state.il.us

) for times and

locations.

R06-26 was filed on May 30, 2006, by the IEPA and docketed as In the Matter of: Proposed New CAIR SO2, CAIR

NO

x

Annual and CAIR NO

x

Ozone Season Trading Programs, 35 Ill. Adm. Code 225, Control of Emissions From

Large Combustion Sources, Subparts A, C, D, E, and F (R06-26). The Board sent the proposed rule to first notice

on April 19, 2007. The rules will reduce intrastate and interstate transport of sulfur dioxide (SO

2

) and NO

x

emissions from fossil fuel-fired electric generating units on an annual basis and on an ozone season basis for each

calendar year. The Board has held five days of hearings, and received numerous public comments.

Specifically, the proposal will add a new Part 225. IEPA proposes the adoption of the Clean Air Interstate Rule

(CAIR) SO

2

trading program, the CAIR NO

x

Annual trading program and the CAIR NO

x

Ozone Season trading

programs. IEPA asserts that the proposal is intended to satisfy Illinois’ obligations under the USEPA’s Rule to

Reduce Interstate Transport of Fine Particulate Matter and Ozone; Revisions to Acid Rain Program; Revisions to

the NO

x

SIP Call, 70

Fed. Reg.

25162 (May 12, 2005). The proposal is also intended to help meet the IEPA’s

obligation under the Clean Air Act requirements for the control of fine particulate matter and ozone in the Chicago

and Metro East/St. Louis non-attainment areas. Once again, you can follow the rule’s progress at the Board’s

website (www.ipcb.state.il.us

).

Sincerely,

Dr. G. Tanner Girard

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Environmental Register – April 2007

1

Inside This Issue:

FEDERAL UPDATE

P. 1

R

ULE UPDATE

P. 2

A

PPELLATE UPDATE

P. 7

B

OARD ACTIONS

P. 10

N

EW CASES

P. 16

P

ROVISIONAL VARIANCES

P. 18

B

OARD CALENDAR

P. 19

R

ESTRICTED STATUS/CRITICAL REVIEW

P. 22

Federal Update

United States Environmental Protection Agency Adopts Final Rule Under the Clean Air Act

to Extend the Reformulated Gasoline Program to the Illinois Portion of the St. Louis,

Illinois-Missouri Ozone Nonattainment Area

On April 24, 2007 (72 Fed. Reg. 20237) the United States Environmental Protection Agency

(USEPA) adopted a final rule for of regulation of fuels and fuel additives in Illinois. USEPA

extended the reformulated gasoline program to the Illinois portion of the St. Louis, Illinois-

Missouri Ozone Nonattainment Area.

This action was taken under the authority of Section 211(k)(6) of the Clean Air Act (CAA) which

authorizes the Administrator of USEPA to require the sale of reformulated gasoline (RFG) in an

ozone nonattainment area classified as marginal, moderate, serious or severe upon the application

of the Governor of the state in which the nonattainment area is located. The final rule adopted by

the USEPA extends the CAA's prohibition against the sale of conventional gasoline (i.e., gasoline

that is not RFG) to the Illinois portion of the St. Louis, Illinois-Missouri moderate ozone

nonattainment area.

The USEPA will implement this prohibition for refiners and all other persons in the fuel

distribution system other than retailers and wholesale purchaser-consumers on June 1, 2007. For

retailers and wholesale purchaser-consumers, USEPA's final action implements the prohibition on

July 1, 2007. As of the compliance date for retailers and wholesale purchaser-consumers, this

area will be treated as a covered area for all purposes of the Federal RFG program.

This final rule is effective April 20, 2007.

For further information contact Kurt Gustafson, Transportation and Regional Programs Division

(Mail Code 6406J), Environmental Protection Agency, 1200 Pennsylvania Ave, NW.,

Washington, DC 20460; telephone number: 202-343-9219; fax number: 202-343-2800; e-mail

address: gustafson.kurt@epa.gov

.

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

Environmental Protection Agency to propose amendments in a future rulemaking.

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Environmental Register – April 2007

2

Rule Update

Board Adopts Final Amendments in Organic Material Emission Standards And Limitations

for the Chicago And Metro-East Areas: Proposed Amendments to 35 Ill. Code 218 and 219

(R06-21)

On April 19, 2007, the Board adopted a final opinion and order in Organic Material Emission

Standards And Limitations for the Chicago And Metro-East Areas: Proposed Amendments to 35

Ill. Code 218 and 219 (R06-21). The Board made only minor changes from the rules as proposed

at first notice; the Joint Committee on Administrative Rules issued a certificate of no objection

following its April 18, 2007 meeting. The adopted amendments were filed with the Secretary of

State’s Index Department and effective on April 30, 2007. The adopted amendments are expected

to be published in the

Illinois Register

on May 11, 2007.

The adopted rulemaking, based on a proposal filed by the Illinois Environmental Protection

Agency (IEPA) on December 22, 2005, amends the Board’s volatile organic material (VOM)

rules at 35 Ill. Adm. Code 218 and 219 to allow for the use of add-on controls as a compliance

option for operations using cold cleaning solvent degreasing. The amendments affect cold

cleaning degreasing operations located in the Chicago and Metro-East ozone nonattainment areas.

The adopted amendments allow the use of add-on controls as an alternative to using solvents with

vapor pressure of 1.0 millimeters of mercury (mmHg) or less. Additionally, the adopted

amendments allow the use of an equivalent alternative control plan to comply with the control

measure requirements. The final amendments include testing procedures and recordkeeping

requirements for add-on controls and equivalent alternative controls.

Amendments were also adopted to the “paper coating” note at Appendix H in Part 218 to ensure

consistency with the already-amended “paper coating” note at Section 218.204(c). Identical

amendments were also proposed to the “paper coating” note at Appendix H in Part 219 to ensure

consistency with the already-amended “paper coating” note at Section 219.204(c).

The Board made only minor changes to the rulemaking to adjust the proposed internal effective

dates. The Board revised the internal timelines to match the adoption schedule for the

rulemaking; the dates were changed from November 30, 2006, to May 30, 2007, and from March

1, 2007, to August 31, 2007. These dates reflect the effective dates for the requirements (May 30,

2007), and the date by which existing add-on controls must be tested for compliance with the

proposed standards (August 31, 2007).

Copies of the Board’s opinion and order in R06-21 may be obtained by calling the Clerk’s office

at 312-814-3620, or by downloading copies from the Board’s Web site at www.ipcb.state.il.us.

For additional information contact Richard McGill at 312/814-6983 or by email at

mcgillr@ipcb.state.il.us.

Board Adopts First Notice Opinion and Order in Proposed New Clean Air Interstate Rule

(CAIR) SO

2

, NOx, Annual and NOx Ozone Season Trading Programs, 35 Ill. Adm. Code

225, Subparts A, C, D, and E (R06-26)

On April 19, 2007, the Board adopted a first notice opinion and order in Proposed New Clean Air

Interstate Rule (CAIR) SO

2

, NOx, Annual and NOx Ozone Season Trading Programs, 35 Ill.

Adm. Code 225, Subparts A, C, D, and E (R06-26) to amend the Board’s large electrical unit

emission (EGU) control regulations at 35 Ill. Adm. Code 225. The amendments propose to adopt

Illinois rules to implement the federal CAIR sulfur dioxide (SO

2

), CAIR nitrogen oxide (NO

x

)

Annual, and CAIR NO

x

Ozone Season trading programs to reduce intrastate and interstate

transport of SO

2

and NO

x

emissions. The first notice proposal was filed with the Secretary of

State’s Index Department and is scheduled for publication in the May 11, 2007, issue of the

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Environmental Register – April 2007

3

Illinois Register

.

The rulemaking is based on a proposal filed by the Illinois Environmental Protection Agency

(IEPA) with the Board on May 30, 2006. The proposed amendments are intended to satisfy

Illinois’ obligations under the United States Environmental Protection Agency’s (USEPA) Rule to

Reduce Interstate Transport of Fine Particulate Matter and Ozone; Revisions to Acid Rain

Program; Revisions to the NOx SIP Call (CAIR), 70 Fed. Reg. 25162 (May 12, 2005). The

amendments also address, in part, the State’s obligation to meet Clean Air Act (CAA)

requirements for the control of fine particulate matter (PM

2.5

) and ozone in the Chicago and Metro

East/St. Louis nonattainment areas.

The first notice proposal amends Subpart A and proposes new Subparts C, D, E, and F of Part

225.

Proposed new Subpart C contains regulations and standards to establish a sulfur dioxide (SO

2

)

trading program in Illinois. The amendments include provisions that establish to which units

these rules apply, compliance and emission requirements, permit requirements, and the allocations

of allowances under the trading program.

Proposed new Subpart D seeks to add requirements to control NO

x

emissions from large electrical

generating units through a NO

x

trading program. The amendments establish applicability and

compliance requirements and establish an annual trading budget for affected units. The

regulations include standards to set aside a certain amount of allowances for new units.

Additionally, the proposed regulations contain recordkeeping and reporting provisions for units to

earn Clean Air Set Aside (CASA) credits if the company sponsors a project that qualifies as a

energy efficiency and conservation, renewable energy, or clean technology project.

The proposed new Subpart E includes amendments to establish a NO

x

emission control program

for the ozone season. Again, this program establishes applicability and compliance requirements,

and proposes permit requirements. The amendments propose the timelines to establish the ozone

season and set the standards for the ozone allocations. Subpart E also proposes standards for new

units set asides and clean air set-asides.

Proposed new Subpart F is the result of a joint motion filed with the Board by the IEPA and

Dynegy Midwest Generation. The IEPA and Midwest Generation stated in their motion that on

December 10, 2006, they entered into a memorandum of understanding wherein the parties agreed

to a timeline for Midwest Generation to achieve deep and sustained reductions in emissions of

mercury, SO

2,

and NO

x

from their coal-fired Illinois EGUs. As a result, the IEPA and Midwest

Generation requested that the Board include with a new Subpart F to establish standards for

Combined Pollutant Standards (CPS). The proposed Subpart F will establish an alternative means

of compliance with the proposed emissions standards for mercury in Subpart B, Section

225.230(a) and will establish specific emissions levels for NO

x

, particulate matter (PM), and SO

2.

Reductions in mercury, NO

x

, PM, and SO

2

emissions will be accomplished through a combination

of permanent shut-downs of EGUs, installation of activated halogenated carbon injection systems

for reduction of mercury, and the installation of pollution control equipment for NO

x

, PM, and

SO

2

emissions that will also reduce mercury emissions as a co-benefit. EGUs identified for

compliance with the proposed Subpart F are referred to as a CPS Group.

Finally, the proposed amendments contain new definitions and materials to be incorporated by

reference to supplement the proposed trading programs.

The Board held two hearings in this rulemaking on October 10, 2006 through October 12, 2006,

in Springfield and on November 28, 2006 through November 29, 2006, in Chicago.

Copies of the Board’s opinion and order in R06-26 may be obtained by calling the Clerk’s office

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 or by email at

antonioa@ipcb.state.il.us.

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Environmental Register – April 2007

4

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Environmental Register – April 2007

5

Board Extends Adoption Deadline in SDWA Update, USEPA Amendments (January 1, 2006

though June 30, 2006) R07-2; SDWA Update, USEPA Amendments (July 1, 2006 though

December 31, 2006) R07-11 (consolidated).

On April 19, 2007, the Board adopted an order extending until August 6, 2007 the final adoption

deadline in SDWA Update, USEPA Amendments (January 1, 2006 though June 30, 2006)

R07-2;

SDWA Update, USEPA Amendments (July 1, 2006 though December 31, 2006)

R07-11

(consolidated). This is the second extension that the Board has adopted in this rulemaking. For

more information on the first extension in this rulemaking see page 2 of the January 2007 issue of

the

Environmental Register

.

The Board stated in its April 19 order that the Board anticipates that it will adopt a proposal for

public comment at its May 3, 2007 meeting, and that the proposal will be filed by May 14, 2007

with the Secretary of State’s Index Department for publication in the May 25, 2007

Illinois

Register

. If these events timely occur and no additional delay is required to adequately respond to

public comments, the Board anticipates adoption of final rules at its July 26, 2007 meeting, and

filing of the rules on or before August 6, 2007.

The Board was unable to initiate this rulemaking earlier due to the unusually high demands on

staff resources over the last several months as a result of a greatly increased volume of complex

federal rulemaking,

e.g.

the very recently completed consolidated underground injection control,

municipal solid waste landfill, and hazardous waste update docket, R06-16/R06-17/R06-18. In

addition, the federal rules have proven far more complex and voluminous than originally

estimated. The Board estimates that the proposed amendments will be nearly 300 pages in length,

including more than 125 pages of new rules.

Copies of the Board’s opinion and order in R07-2/11 may be obtained by calling the Clerk’s

office 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 Opens Docket and Adopts First Notice Opinion and Order in Amendments to the

Board’s Procedural Rules and Underground Storage Tank Regulations to Reflect P.A. 94-

274, P.A. 94-276, and P.A. 94-824 (35 Ill. Adm. Code 101.202, 732.103, 732.702, 734.115,

734.719) (R07-17)

On April 19, 2007, the Board, on its own initiative, adopted a first notice opinion and order in

Amendments to the Board’s Procedural Rules and Underground Storage Tank Regulations to

Reflect P.A. 94-274, P.A. 94-276, and P.A. 94-824 (35 Ill. Adm. Code 101.202, 732.103,

732.702, 734.115, 734.719) (R07-17). This rulemaking proposes amendments to Parts 101, 732,

and 734 to incorporate recent statutory changes to the Environmental Protection Act (Act) (415

ILCS5 /1 et seq.). The Board intends to consider only these statutorily required amendments in

this docket. The Board filed the proposed amendments with the Secretary of State’s Index

Department and publication is scheduled for the May 11, 2007, issue of the

Illinois Register

.

Procedural Rule Changes. The amendments to Part 101 are driven by changes to the Act found in

Public Act 94-0824 (P.A. 94-0824). P.A. 94-0824, effective June 2, 2006, amended the Act’s

definition of “pollution control facility.”

See

415 ILCS 5/3.330(a)(11.5). Specifically, P.A. 94-

0824 added a sixteenth exception to that definition to include processing sites or facilities that

receive used oil for purposes of recycling the used oil. This exemption applies to facilities that

are:

(i) located within a home rule unit of local government with a population of at least

30,000 according to the 2000 federal census, that home rule unit of local government has

been designated as an Urban Round II Empowerment Zone by the United States

Department of Housing and Urban Development, and that home rule unit of local

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Environmental Register – April 2007

6

government has enacted an ordinance approving the location of the site or facility and

provided funding for the site or facility; and (ii) in compliance with all applicable zoning

requirements [415 ILCS 5/3.330(a)(11.5)].

The Board is amending the definition of “pollution control facility” in its procedural rules to

include this additional exemption.

Underground Storage Tank Rule Changes. The amendments to Parts 732 and 734 are driven by

changes to the Act found in Public Act 94-274 and 94-276. Public Act 94-0274 (P.A. 94-0274),

effective January 1, 2006, amended the Act’s definitions with regard to certain activities taken by

the Illinois Environmental Protection Agency (IEPA) in its underground storage tank (UST)

program.

See

415 ILCS 5/57.2 (2006). Specifically, P.A. 94-0274 provides that, in the Title XVI

of the Act addressing petroleum USTs,

the term “owner” shall also mean any person who has submitted to the

Agency a written election to proceed under this Title and has acquired an

ownership interest in a site on which one or more registered tanks have

been removed, but on which corrective action has not yet resulted in the

issuance of a “no further remediation letter” by the Agency pursuant to this

Title. P.A. 94-0274.

The Board’s first notice rulemaking proposes to amend the definition of “owner” in Sections

732.103 and 734.115 of its UST regulations (35 Ill. Adm. Code 732.103, 734.115) to reflect the

statutory amendment enacted by P.A. 94-0274.

Public Act 94-0276 (P.A. 94-0276), effective January 1, 2006, amended the Act’s provisions

regarding no further remediation (NFR) letters.

See

415 ILCS 5/57.10(c). Specifically, the P.A.

94-0276 provides that the Act’s subsection addressing the significance of the IEPA’s issuance of

an NFR letter “does not apply to off-site contamination related to the occurrence that has not been

remediated due to denial of access to the off-site property.” P.A. 94-0276. The Board proposes to

amend its regulations regarding NFR letters in Sections 732.702 and 734.710 (35 Ill. Adm. Code

732.702, 734.710) to reflect the statutory amendment enacted by P.A. 92-0276.

The Board has scheduled two hearings in this rulemaking for Wednesday, May 16, 2007, in

Chicago, and for Thursday June 7, 2007, in Springfield.

Copies of the Board’s opinion and order in R07-17 may be obtained by calling the Clerk’s office

at 312-814-3620, or by downloading copies from the Board’s Web site at www.ipcb.state.il.us.

For additional information contact Tim Fox at 312-814-6885; e-mail address foxt@ipcb.state.il.us

Board Adopts First Notice Opinion and Order, Without Commenting on the Merits of the

Proposal, in the Fast Track Rulemaking Nitrogen Oxide (NOx) Emissions From Stationary

Reciprocating Internal Combustion Engines and Turbines: Amendments to 35 Ill. Adm.

Code Section 201.146, Parts 211 and 217 (R07-18)

On April 19, 2007, the Board adopted a first notice opinion and order, with out commenting on

the merits of the proposal, in Nitrogen Oxide (NOx) Emissions From Stationary Reciprocating

Internal Combustion Engines and Turbines: Amendments to 35 Ill. Adm. Code Section 201.146,

Parts 211 and 217 (R07-18). The rulemaking, was filed by the Illinois Environmental Protection

Agency (IEPA) April 6, 20007 as a fast track rulemaking under the provisions of Section 28.5 of

the Illinois Environmental Protection Act (Act),415 ILCS 5/28.5 (2004).

Section 28.5 of the Act requires the Board to proceed toward adoption of the proposed regulation

by meeting a series of strict deadlines. The Act provides the Board no discretion to extend those

deadlines. The Board must submit second notice rules to the Joint Committee on Administrative

Rules within 120 or 150 days of the date of the proposal, depending on whether a third hearing is

necessary. Consistent with Section 28.5’s tight action deadlines, on April 20, 2007 the Board

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Environmental Register – April 2007

7

timely filed the first notice order for publication in the

Illinois Register

, scheduled to appear in the

May 4, 2007 issue.

The Board received two objections to the use of the fast-track procedures. ANR Pipeline, Natural

Gas Pipeline Company, Trunkline Gas Company, and Panhandle Eastern Pipeline Company filed

a joint objection on April 16, 2007. On April 17, 2007, the Illinois Environmental Regulatory

Group filed its objection. In its April 19, 2007 order, the Board reserved ruling on the objections,

noting that until the time for response to the objections has elapsed on May 8, 2007 and the Board

can properly rule on the pending objections, the Board must proceed under the Section 28.5

timetable.

IEPA’s statement of reasons explains that these proposed NO

x

rules are proposed to meet certain

obligations of the State of Illinois under the Clean Air Act, 42 U.S.C. § 7401

et seq

. Specifically,

IEPA intends the rules to satisfy Illinois' obligation to submit a State Implementation Plan to

address the requirements of the Phase II of the United States Environmental Protection Agency’s

(USEPA) NO

x

State Implementation Plan (SIP) call. The NO

x

SIP call required affected states,

including Illinois, to regulate NO

x

emissions from large stationary internal combustion engines as

required by the federal Clean Air Act (CAA). 69 Fed. Reg. 21604 (April 21, 2004). This

statewide proposal will also regulate NO

x

emissions from turbines and smaller engines, as part of

the State’s obligation to meet NO

x

reasonably available control technology (RACT) requirements

for the 8-hour ozone and fine particulate matter (PM

2.5

) National Ambient Air Quality Standards

(NAAQS), reasonable further progress (RFP), and attainment demonstration requirements.

The Board has scheduled hearings in this rulemaking following the schedule established for a fast

track rulemaking as follows:

First hearing:

Monday, May 21, 2007

9:00 a.m.

IEPA Office Building,

Training Room 12,14 West

1021 N. Grand Ave. East, North Entrance

Springfield, IL

Second hearing: Tuesday, June 19, 2007

(if necessary)

10:00 a.m.

Auditorium, Room C-500

Michael A. Bilandic Building

160 N. LaSalle St., Fifth Floor

Chicago, IL

Third hearing:

Monday, July 2, 2007

(if necessary)

1:00 p.m.

IEPA Office Building,

Training Room 12,14 West

1021 N. Grand Ave. East, North Entrance

Springfield, IL

Copies of the Board’s opinion and order in R07-18 may be obtained by calling the Clerk’s office

at 312-814-3620, or by downloading copies from the Board’s Web site at www.ipcb.state.il.us.

For additional information contact Tim Fox at 312-814-6885; e-mail address foxt@ipcb.state.il.us.

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Environmental Register – April 2007

8

Appellate Update

Fourth District Affirms Board Decision Imposing $65,000 Penalty for Groundwater

Violations and Awarding $24,100 in Attorney Fees in Jersey Sanitation Corporation v.

Illinois Pollution Control Board and People of the State of Illinois, No. 4-05-0618 (4th Dist.,

April 23, 2007) (affirming order in PCB 97-2 (February 3, 2005))

In an April 23, 2007 unpublished order under Supreme Court Rule 23 (155 Ill.2d R. 23), the

Fourth District Appellate Court affirmed the Board's decision in a State enforcement case,

captioned on appeal as Jersey Sanitation Corporation v. Illinois Pollution Control Board and

People of the State of Illinois, No. 4-05-0618 (4th Dist., April 23, 2007) (hereinafter Jersey

Sanitation (4th Dist.)). The court's decision was written by Justice McCullough, with Justice

Steigmann concurring and Justice Appleton dissenting.

The court affirmed on all points the Board’s opinion and order in People of the State of Illinois v.

Jersey Sanitation Corporation, PCB 97-2 (February 3, 2005) (hereinafter People v. Jersey

Sanitation). In its opinion and order, the Board ruled that, as alleged by the People, Jersey

Sanitation had violated various permit and regulatory requirements for some 13 years at its

sanitary landfill in Jersey County. The Board imposed a $65,000 penalty and awarded the People

$24,100 in attorney fees.

BOARD PROCEEDING: People v. Jersey Sanitation

The site at issues is a 10-acre sanitary landfill two miles from Jerseyville in Jersey County. The

landfill opened in 1975 and stopped accepting waste in September 1992.

Jersey Sanitation Corporation (formed by neighbors who were unhappy with the way the landfill

was being run by the original owner) acquired the landfill in 1989.

The People initiated this action July 8, 1996, filing an amended complaint on August 14, 2000,

and a second amended complaint on January 8, 2001. In the second amended complaint, the

People alleged nine counts of violations regarding the landfill: (1) groundwater contamination;

(2) failing to monitor and control leachate; (3) refuse in waters of the State; (4) failing to comply

with permit conditions; (5) failing to provide adequate cover on refuse; (6) failing to meet

financial assurance requirements; (7) failing to comply with closure requirements; (8) open

burning landscape waste; and (9) failing to have a properly certified chief operator.

On April 4, 2002, the Board granted partial summary judgment to Jersey. Specifically, the Board

found in favor of Jersey regarding several alleged violations that concerned conditions in a post-

closure permit issued to Jersey in 1999 by Illinois Environmental Protection Agency (IEPA).

Those permit conditions had been stricken in a related permit appeal before the Board brought by

Jersey. IEPA appealed that Board permit decision, and the Fourth District Appellate Court

affirmed the Board in a published opinion.

See

Illinois Environmental Protection Agency v.

Jersey Sanitation Corp., 336 Ill. App. 3d 582, 784 N.E.2d 867 (4th Dist. 2003), affirming Jersey

Sanitation Corp. v. Illinois Environmental Protection Agency, PCB 00-82 (June 21, 2001).

On February 3, 2005, the Board issued a 39-page final opinion and order in the enforcement

proceeding, ruling on the remaining alleged violations and the issue of remedy. The Board found

that, over the course of some 13 years, Jersey Sanitation Corporation (Jersey Sanitation) violated

15 provisions of the Environmental Protection Act (Act)(415 ILCS 5/100 et seq. (2004)): Sections

9(a), (c), 12(a), (d), 21(d)(1), (2), 21(e), 21(o)(1), (2), (3), (4), (5), (6), 21.1(a), and 22.17. 415

ILCS 5/9(a), (c), 12(a), (d), 21(d)(1), (2), 21(e), 21(o)(1), (2), (3), (4), (5), (6), 21.1(a), and 22.17

(2004). The Board also found that Jersey Sanitation violated 16 provisions of the Board’s

regulations: 35 Ill. Adm. Code 237.102(a), 620.420(a), (d), 807.301, 302, 305(a), (c), 313, 314(e),

315, 318(b), (c), 502, 601, 603(b)(1), and 623.

The Board found that Jersey Sanitation knowingly, willfully, and repeatedly violated numerous

provisions of the Act and Board regulations. The violations included contaminant exceedences of

Board groundwater quality standards for over a dozen years. The Board imposed a civil penalty

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Environmental Register – April 2007

9

of $65,000 on Jersey Sanitation, awarded the People $24,100 in attorney fees, and ordered Jersey

Sanitation to cease and desist from further violations. The Board also directed Jersey to take

specific steps to bring the landfill site into compliance and prevent further violations.

On March 21, 2005, Jersey moved the Board to reconsider its February 3, 2005 final opinion and

order. The People responded on April 4, 2005, opposing the motion. In a June 16, 2005 order,

the Board granted Jersey Sanitation’s motion to reconsider, but declined to modify the Board’s

final opinion and order. Jersey Sanitation appealed to the Fourth District Appellate Court.

FOURTH DISTRICT'S DECISION

: Jersey Sanitation (4th Dist.)

The court stated the issues on appeal at the outset of its order: "whether the Board erred by (1)

finding Jersey violated the Act and Board regulations, (2) imposing on Jersey a civil penalty in the

amount of $65,000, (3) ordering Jersey to take affirmative steps to remedy its violations, and (4)

awarding the State attorney fees in the amount of $24,100." Jersey Sanitation

(4th Dist.), slip op.

at 1.

Groundwater Violation

: The Board found that the State showed by a preponderance of the

evidence that the landfill caused inorganic groundwater exceedences. Jersey Sanitation first

argued that this finding was against the manifest weight of the evidence.

In a detailed review of the evidence, the court stated that downgradient groundwater samples

showed exceedences of contaminants such as dissolved solids, iron, arsenic, sulfate, and

chlorides, while upgradient wells showed no exceedences of these contaminants. Jersey

Sanitation (4th Dist.), slip op. at 7-8. The court concluded: "Given the consistent correlation

between the upgradient wells and downgradient exceedences, and further, evidence of leachate

seeps and escaping gas, the Board's finding that the State 'has shown by a preponderance of the

evidence that the Jersey Sanitation landfill caused the inorganic exceedences' is not contrary to the

manifest weight of the evidence." Id

. at 8.

Engineer to Develop Action Plan

: The Board, found that Jersey Sanitation failed to retain a

professional engineering firm to develop an action plan for IEPA approval. Jersey argued that this

finding too was against the manifest weight of the evidence.

The Fourth District noted that the action plan was required of Jersey Sanitation under its 1999

supplemental permit. Jersey Sanitation

(4th Dist.), slip op. at 9-10. The court further noted that

the Board found Jersey had "ignored this obligation and therefore, Jersey operated its landfill in a

manner that threatened the State waters and thus, violated the Act and Board regulations." Id.

at

10. The Board's finding was not against the manifest weight of the evidence, held the court,

because the record does not show that Jersey Sanitation's engineering firm developed an action

plan for IEPA approval. Id

.

Waiver

: In its order, the Board noted that Jersey Sanitation failed to contest many alleged

violations of supplemental permit conditions, and so the Board determined that those violations

existed and exacerbated any penalty. Jersey Sanitation argued that the Board's ruling was against

the manifest weight of the evidence. Jersey Sanitation

(4th Dist.), slip op. at 10.

The court, however, agreed with the Board and the People on appeal, holding that Jersey

Sanitation waived these arguments. The court stated that the waiver rule, under which issues not

raised by the parties before an administrative agency will generally not be considered for the first

time on administrative review, is "necessary to avoid piecemeal litigation and to permit opposing

parties an opportunity to refute the arguments presented to the agency." Id.

at 10-11. The court

recognized that waiver is a limitation on the parties and not on the appellate court's jurisdiction.

The court nevertheless chose not to relax the waiver rule in this instance, and declined to consider

the waived arguments. Id

. at 11.

Closure Violations

: The Board found that Jersey Sanitation violated closure requirements after

September 1994. Jersey Sanitation contended this finding was contrary to law because the landfill

was certified closed in October 1999, effective September 30, 1994. Jersey Sanitation

(4th Dist.),

slip op. at 11-12.

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Environmental Register – April 2007

10

The court was unconvinced: "Contrary to Jersey's argument, the certificate of closure certified

only that closure was completed

in accordance with the closure plan, as evidenced by the receipt

of certification of completion

of closure on June 7, 1999. Further, the [October 1999] permit

provided that the postclosure care period began on September 30, 1994. The certificate of closure

did not immunize Jersey from liability for violations of the Act and Board regulations over the

many years during which Jersey attempted to complete

closure." Id. at 12-13 (emphasis in

original).

$65,000 Civil Penalty

: Turning to civil penalty, Jersey Sanitation asserted that the Board erred in

imposing a penalty in the amount of $65,000. The Fourth District, quoting its decision in ESG

Watts, Inc. v. Illinois Pollution Control Board, 282 Ill. App. 3d 43, 50-51 (4th Dist. 1996),

articulated the Board's authority and the court's standard of review: "The Board is vested with

broad discretionary powers in the imposition of civil penalties, and its order will not be disturbed

upon review unless it is clearly arbitrary, capricious or unreasonable." Jersey Sanitation

(4th

Dist.), slip op. at 13-14. The court noted that the Board, in considering the Act's Section 33(c)

factors, found that a penalty was warranted, relying on the fact that some of Jersey's violations had

persisted for 13 years despite the technical feasibility and economic reasonableness of

compliance. Id

. at 14.

As for the magnitude of penalty, the court explained, the Board noted that the Act authorized it to

impose a penalty of up to $50,000 per violation and $10,000 per day for each day the violation

continued. The court stated that the Board considered the Act's Section 42(h) factors and found

that, "given (1) the years of noncompliance, (2) the actual harm to the environment due to

contamination of groundwater, (3) Jersey's prior adjudicated violations of the Act, and (4) the

economic benefit Jersey received from the failure to provide adequate financial assurances or

maintain a proper groundwater monitoring program, a $65,000 penalty was necessary to deter

Jersey and similarly situated entities from violating the Act." Id.

at 14-15. The court affirmed the

Board's imposition of the $65,000 civil penalty, holding that the "penalty imposed reflects proper

consideration of the applicable statutory factors and is not clearly arbitrary, capricious, or

unreasonable." Id

.

at 15.

Affirmative Remedial Measures

: Jersey Sanitation next took issue with the Board's decision to

order Jersey Sanitation to take affirmative steps to remedy the violations, arguing that it amounted

to a “mandatory injunction,” which the Board cannot order. Jersey Sanitation

(4th Dist.), slip op.

at 15-16.

The court first noted that Section 33(a) of the Act authorizes the Board to "enter such final order,

or make such final determination, as it shall deem appropriate under the circumstances." Id.

at 15,

quoting 415 ILCS 5/33(a). The court then observed that Section 33(b) of the Act provides that

"[s]uch [Board] order may include a direction to cease and desist from violations of the Act or the

Board's rules and regulations or of any permit or term or condition thereof." Id.

, quoting 415

ILCS 5/33(b). Under this authority, the court continued, the Board ordered Jersey Sanitation to

perform a trend analysis of groundwater sample results and retain a professional engineering firm

to develop a groundwater assessment plan. If the results of this work demonstrated exceedences

attributable to Jersey Sanitation, then the Board required Jersey Sanitation to submit a corrective

action plan to IEPA and to implement the plan within 30 days of IEPA approval. The Board also

ordered Jersey Sanitation to cease and desist from further violations. Id

. at 15-16.

Jersey Sanitation objected to what it described as the Board's "mandatory injunction" because it is

unauthorized under People ex rel. Ryan v . Aqpro, Inc.

, 214 Ill. 2d 222, 224, 824 N.E.2d 270, 272

(2005). Id.

at 16. The Fourth District disagreed with this argument, noting that the Illinois

Supreme Court in Agpro

construed Section 42(e) of the Act, not Section 33(a). The Fourth

District stated: "The plain language of section 33(a), under which the Board acted in the instant

case, grants the Board the power to make such orders 'as it shall deem appropriate under the

circumstances.'" Id

. Moreover, the court reasoned, "in ordering that Jersey perform a trend

analysis and develop an action plan, the Board simply required compliance with the permit

requirements that Jersey agreed to in its 1999 supplemental permit." Id

. at 17.

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Environmental Register – April 2007

11

$24,100 in Attorney Fees

: Lastly, the court addressed Jersey Sanitation 's position that the Board

erred by granting the People's request for $24,100 in attorney fees because the Board lacked

sufficient information to determine fees and Jersey Sanitation was not given an opportunity to

object to the fees. Jersey Sanitation

(4th Dist.), slip op. at 17.

The court initially noted that Section 42(f) of the Act authorizes the Board to award costs and

reasonable attorney fees and that the trier of fact has the discretion to determine the

reasonableness of requested attorney fees. Id

. Turning to the facts of the case, the court observed

that the People requested costs and reasonable attorney fees in the nine-count second amended

complaint, in their opening posthearing brief, and in their reply brief. Id. at 17-18. In their

opening posthearing brief, the court noted, the People advised that they would provide a

calculation of costs and fees with their reply brief. In turn, the People's reply brief included a

request for $24,100 in attorney fees supported by an affidavit of the Assistant Attorney General

"who averred that she expended more than 154 hours on the case but requested only 154 hours, at

a rate of $150 per hour." Id.

at 18.

The court stated that Jersey Sanitation did not object and the Board granted the People's request

after finding that Jersey Sanitation knowingly, willfully, and repeatedly committed violations and

had not contested the rate or number of hours provided by the People. Id

. at 18-19. The court

noted that Jersey Sanitation then filed a motion asking to Board to reconsider its order, "availing

itself of an opportunity to object to the fees." Id

. at 19. Jersey Sanitation did not, the court

observed, request an evidentiary hearing on attorney fees. The court explained that the Board, in

granting Jersey Sanitation's motion to reconsider but declining to modify its order, stated that

Jersey Sanitation did not dispute the Board's finding that Jersey Sanitation committed a knowing,

willful, or repeated violation of the Act, did not contest the hourly rate or the reasonableness of

the hours spent, and did not file a response to the People's request for $24,100 in attorney fees.

The court therefore held that "[b]ased on the foregoing, the Board did not err by granting the

State's request for attorney fees in the amount of $24,100." Id

.

Dissenting Opinion:

In a colorful dissent (Jersey Sanitation

(4th Dist.), slip op. at 21-29), Justice Appleton stated that

he would have reversed the Board based on "manifest weight, collateral estoppel, a paucity of

evidence of economic benefit, and a denial of due process with regard to the imposition of

attorney fees." Id.

at 29.

Board Actions

April19, 2007

Libertyville, Illinois

Rulemakings

R06-21

In the Matter of: Organic Material Emissions Standards and Limitations for the

Chicago and Metro-East Areas: Proposed Amendments to 35 Adm. Code 218

and 219) – The Board adopted a final opinion and order in this rulemaking

which amends the Board’s air pollution regulations.

3-0

R, Air

R06-26

In the Matter of: Proposed New Clean Air Interstate Rule (CAIR) SO

2

, NO

x

Annual and NO

x

Ozone Season Trading Programs, 35 Ill. Adm. Code 225,

Subparts A, C, D and E – The Board adopted a first notice opinion and order in

this rulemaking to amend the Board’s air pollution regulations. The Board

granted the SIPCO and Midwest Generation request to withdraw from the

3-0

R, Air

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Environmental Register – April 2007

12

November 30, 2006 motion to dismiss the proposal, leaving Dynegy as the sole

remaining movant of the motion to dismiss. On March 13, 2007, Dynegy

requested that the Board stay action on the motion to dismiss. The Board

granted the motion to stay. The Board granted the motions to amend the

proposal by; the Illinois Environmental Protection Agency’s (IEPA) November

27, 2006, by Midwest Generation and the IEPA, jointly, February 16, 2007, and

Dynegy and the IEPA, jointly, March 13, 2007.

R07-2

R07-11

(cons.)

In the Matter of: SDWA Update, USEPA Amendments (January 1, 2006

through June 30, 2006; In the Matter of: SDWA Update, USEPA Amendments

(July 1, 2006 through December 31, 2006) – The Board extended the deadline

for completion of rulemaking in this consolidated docket from April 30, 2007 to

August 6, 2007.

3-0

R, PWS

R07-17

In the Matter of: Amendments to the Board’s Procedural Rules and

Underground Storage Tank Regulations to Reflect P.A. 94-0274, P.A. 94-0276,

and P.A. 94-0824 (35 Ill. Adm. Code 101.202, 732.103, 732.702, 734.115,

734.710) – The Board adopted a first notice opinion and order in this rulemaking

to amend the Board’s procedural rules and underground storage tank regulations

to reflect recent legislation.

3-0

R, Land

R07-18

In the Matter of: Nitrous Oxide (NOx) Emissions From Stationary Reciprocating

Internal Combustion Engines and Turbines: Amendments to 35 Ill. Adm. Code

Section 201.146, Parts 211 and 217 – The Board accepted for hearing the Illinois

Environmental Protection Agency’s (IEPA) April 6, 2007 proposal filed under

the Clean Air Act fast track procedures of Section 28.5 of the Environmental

Protection Act (415 ILCS 5/28 (2004)

. The Board adopted a first notice opinion

and order to amend the Board’s air pollution control regulations, specifically to

satisfy Illinois’ obligations under the Unites States Environmental Protection

Agency’s nitrogen oxides (NOx) State Implementation Plan Call Phase II. The

Board granted the IEPA’s motion for waiver of copy requirements and waived

the requirement to file nine copies of the materials. No action was taken on the

separate objections to use of the fast track procedure filed by the Pipeline

Consortium and the Illinois Environmental Regulatory Group on April 16 and

17, 2007; responses are due by May 8, 2007.

3-0

R, Air

Administrative Citations

AC 05-40

IEPA v. Northern Illinois Service Company

– The Board construed respondent’s

motion to modify as a motion to stay payment of part of the penalty and hearing

cost in the January 26, 2007 Board Order in this administrative citation involving

a Winnebago County facility. The Board granted the stay, but ordered payment

of the uncontested $1,500

.

3-0

AC 07-32

IEPA v. Don Jose Tandy

– The Board granted complainant’s motion for

dismissal of this administrative citation and closed the docket.

3-0

AC 07-40

IEPA v. Glen I. And Elizabeth J. Suttles

– The Board found that these Morgan

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

3-0

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Environmental Register – April 2007

13

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

AC 07-41

IEPA v. Glen I. And Elizabeth J. Suttles

– The Board found that these Morgan

County respondents violated Sections (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.

3-0

AC 07-42

IEPA v. Waste Management of Illinois, Inc. and CT Corporation Systems

– The

Board found that these Peoria County respondents violated Section (o)(12) of the

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

penalty of $500.

3-0

AC 07-44

IEPA v. Harold Tomlinson, Larry Tomlinson, and Jerry Tomlinson

– The Board

granted complainant’s motion to dismiss Jerry Thomlinson from this action. The

Board found that the remaining respondents violated Sections 21(p)(1), (3) and

(7) of the Act (415 ILCS 5/21(p)(1), (3) and (7) (2004)), assessing a penalty of

$4,500 in this administrative citation involving a Marshall County facility.

3-0

AC 07-45

County of LaSalle v. Wayne and Becky Foster

– The Board accepted for hearing

this petition for review of an administrative citation against this LaSalle County

respondent.

3-0

AC 07-46

IEPA v. Adolph M. Lo

– The Board found that this Champaign respondent

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

(7) (2004)) and ordered respondent to pay a penalty of $4,500.

3-0

AC 07-48

IEPA v. Ben and Destiny Wyant

– The Board granted complainant’s motion for

dismissal of this administrative citation and closed the docket.

3-0

Decisions

PCB 04-88

Des Plaines River Watershed Alliance, Livable Communities Alliance, Prairie

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

Board found that, on October 31, 2003, the Illinois Environmental Protection

Agency (IEPA) improperly granted an National Pollution Control Elimination

System permit to the Village of New Lenox, Will County, for a wastewater

treatment plant. The Board remanded the permit to the IEPA for additional

review under the antidegradation provisions of the Board rules.

3-0

P-A, NPDES

PCB 05-191

People of State of Illinois v. Castle Ridge Estates

– In this water enforcement

action concerning a Madison 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)), and accepted a stipulation and settlement

agreement, ordering the respondent to pay a total civil penalty of $5,000, and to

cease and desist from further violations.

3-0

W-E

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Environmental Register – April 2007

14

PCB 07-37

People of the State of Illinois v. Village of Dorchester

– In this public water

supply enforcement action concerning a Macoupin 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)), and accepted a

stipulation and settlement agreement, ordering the respondent to pay a total civil

penalty of $300, and to cease and desist from further violations.

3-0

PWS-E

Motions and Other Matters

PCB 04-185

Midwest Generation EME, L.L.C. v. IEPA

– The Board granted petitioner’s

motion to strike portions of respondent’s supplemental determination.

Consistent with the Board’s November 4, 2004 order, petitioner must, within 30

days, file a pleading with the Board responsive to respondent’s supplemental

determination, as amended by the April 19. 20007 order.

3-0

T-S

Appeal

PCB 05-30

Village of Frankfort v. IEPA

– The Board granted this Will County facility’s

motion for voluntary dismissal of this permit appeal.

3-0

P-A, Water

PCB 05-93

York High Neighborhood Committee (a voluntary organization, Janet and Fred

Hodge, Patricia and David Bennett, Sheila and Mike Trant, Joe Vosicky, Jean

and Peter Conroy, Frank Soldano, Joseph Reamer, Elizabeth and Charles

Laliberte v. Elmhurst Public Schools, District 205 – The Board found that the

parties’ stipulation and proposed settlement agreement is deficient under the

Board’s procedural rules and therefore declined to accept it. The parties have

until June 4, 2007, to file an amended stipulation and proposed settlement

agreement with the Board, addressing the deficiencies. Failure to do so may

result in the case’s dismissal.

3-0

N-E

PCB 06-26

Telzrow Oil Company v. IEPA

– The Board granted this Jersey County facility’s

motion for voluntary dismissal of this underground storage tank appeal.

3-0

UST Appeal

PCB 06-78

People of the State of Illinois v. North American Lighting, Inc.

– Upon receipt of

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

relief from the hearing requirement in this air and water enforcement action

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

newspaper notice.

3-0

A&W-E

PCB 06-151

People of the State of Illinois v. Big River Zinc and Allied Waste Transportation,

Inc. d/b/a Midwest Waste – 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 St. Clair County facility,

the Board ordered publication of the required newspaper notice.

3-0

L-E

PCB 06-160

People of the State of Illinois v. Matrix National Investment Corp.

– 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

3-0

W-E

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Environmental Register – April 2007

15

required newspaper notice.

PCB 06-193

People of the State of Illinois v. Ron Fisher Motorsports, 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

Washington County facility, the Board ordered publication of the required

newspaper notice.

3-0

L-E

PCB 07-41

People of the State of Illinois v. Village of Nebo

– 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 Pike County facility, the Board ordered publication of the required newspaper

notice.

3-0

PWS-E

PCB 07-54

Auburn Realty Company, 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 facility in Christian County.

3-0

PCB 07-60

Mikuska Investments, Ltd. 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 Will County.

3-0

PCB 07-62

R.W. Sheridan Oil Company, 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 facility in DeWitt

County.

3-0

PCB 07-64

Wright Petroleum 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 Hancock County.

3-0

PCB 07-85

T-Town Drive Thru, Inc. v. IEPA

– The Board accepted for hearing this

underground storage tank appeal involving an Effingham County facility.

3-0

UST

Appeal

PCB 07-86

People of the State of Illinois v. The Ridges of Coal Valley

– The Board

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

Rock Island County.

3-0

W-E

PCB 07-87

Estate of Fred Johnson 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

Christian County facility.

3-0

UST Appeal

90-Day

Ext.

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Environmental Register – April 2007

16

PCB 07-88

Christian County Farmers Supply Company-Morrisonville (Property

Identification Number 13-22-09-100-001) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Christian County Farmers Supply Company,

located in Christian County, are pollution control facilities for the purpose of

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

(2004)).

3-0

T-C

Water

PCB 07-89

Christian County Farmers Supply Company-Pana (Property Identification

Number 11-25-15-101-001) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Christian County Farmers Supply Company,

located in Christian County, are pollution control facilities for the purpose of

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

(2004)).

3-0

T-C

Water

PCB 07-90

Christian County Farmers Supply Company-Tovey (Property Identification

Number 15-12-08-100-002) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Christian County Farmers Supply Company,

located in Christian County, are pollution control facilities for the purpose of

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

(2004)).

3-0

Girard

T-C

Water

PCB 07-91

Dynegy Midwest Generation, Inc. – Wood River Power Station (Property

Identification Number 19-1-08-19-00-000-006) v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the Board found

and certified that specified facilities of Dynegy Midwest Generation, Inc.,

located in Madison County, are pollution control facilities for the purpose of

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

(2004)).

3-0

T-C

Water

PCB 07-92

Elite Pork, L.L.C-Esmond (Property Identification Number 19-01-200-003) v.

IEPA – Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of Elite

Pork, L.L.C., 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)).

3-0

T-C

Water

PCB 07-94

City of Joliet v. IEPA

– The Board accepted for hearing this permit appeal

involving a Will County facility.

3-0

P-A

Water

PCB 07-95

People of the State of Illinois v. AET Environmental, Inc. and E.O.R. Energy,

L.L.C. – The Board accepted for hearing this land enforcement action involving

a site located in Sangamon County.

3-0

L-E

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Environmental Register – April 2007

17

PCB 07-98

Roy and Nathan Wiegand Roanoke (Property ID # 11-33-100-004) v. IEPA

–

Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of Roy

and Nathan Wiegand Roanoke, located in Woodford County, are pollution

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

Tax Code (35 ILCS 200/11-10 (2004)).

3-0

T-C

Water

PCB 07-99

L.W. Paul Supply Co., Inc. v. IEPA

– The Board accepted for hearing this

underground storage tank appeal involving a Cook County facility.

3-0

UST Appeal

PCB 07-100

Wayne and Susan Bergbower-Newton (Property Identification Number 90-08-

16-300-009) v. IEPA – Upon receipt of the Illinois Environmental Protection

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

of Wayne and Susan Bergbower-Newton, located in Jasper County, are pollution

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

Tax Code (35 ILCS 200/11-10 (2004)).

3-0

T-C

Water

PCB 07-103

Christian County Farmers Supply Co. (Property Identification Number 07-19-

36-100-001) v. IEPA – Upon receipt of the Illinois Environmental Protection

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

of Christian County Farmers Supply Co., located in Christian County, are

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

Property Tax Code (35 ILCS 200/11-10 (2004)).

3-0

T-C

New Cases

April 19, 2007 Board Meeting

07-084

American Bottom Conservancy and Sierra Club v. City of Madison, Illinois and Waste

Management of Illinois, Inc. – The Board accepted for hearing this third-party pollution control

facility siting appeal involving a Madison County facility.

07-085

T-Town Drive Thru, Inc. v. IEPA

– The Board accepted for hearing this underground

storage tank appeal involving an Effingham County facility.

07-086

People of the State of Illinois v. The Ridges of Coal Valley

– The Board accepted for

hearing this water enforcement action involving a site located in Rock Island County.

07-087

Estate of Fred Johnson 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 Christian County facility.

07-088

Christian County Farmers Supply Company-Morrisonville (Property Identification

Number 13-22-09-100-001) v. IEPA – Upon receipt of the Illinois Environmental Protection

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

County Farmers Supply Company, located in Christian County, are pollution control facilities for

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

(2004)).

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Environmental Register – April 2007

18

07-089

Christian County Farmers Supply Company-Pana (Property Identification Number 11-25-

15-101-001) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of Christian County

Farmers Supply Company, located in Christian County, are pollution control facilities for the

purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2004)).

07-090

Christian County Farmers Supply Company-Tovey (Property Identification Number 15-

12-08-100-002) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of Christian County

Farmers Supply Company, located in Christian County, are pollution control facilities for the

purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2004)).

07-091

Dynegy Midwest Generation, Inc. – Wood River Power Station (Property Identification

Number 19-1-08-19-00-000-006) v. IEPA – Upon receipt of the Illinois Environmental Protection

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

Midwest Generation, Inc., located in Madison County, are pollution control facilities for the

purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2004)).

07-092

Elite Pork, L.L.C-Esmond (Property Identification Number 19-01-200-003) v. IEPA

–

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

and certified that specified facilities of Elite Pork, L.L.C., 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)).

07-093

Equistar Chemicals, L.P. (Property Identification Number 03-20-200-014) v. IEPA

– No

action taken.

07-094

City of Joliet v. IEPA

– The Board accepted for hearing this permit appeal involving a

Will County facility.

07-095

People of the State of Illinois v. AET Environmental, Inc. and E.O.R. Energy, L.L.C.

–

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

County.

07-096

Kyle Nash v. Karen Sokolowski

– The Board held for a later duplicative/frivolous

determination this citizens’ noise enforcement action involving a Cook County facility.

07-097

Kyle Nash v. Louis Jiminez

– The Board held for a later duplicative/frivolous

determination this citizens’ noise enforcement action involving a Cook County facility.

07-098

Roy and Nathan Wiegand Roanoke (Property ID # 11-33-100-004) v. IEPA

– Upon

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

certified that specified facilities of Roy and Nathan Wiegand Roanoke, located in Woodford

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

Property Tax Code (35 ILCS 200/11-10 (2004)).

07-099

L.W. Paul Supply Co., Inc. v. IEPA

– The Board accepted for hearing this underground

storage tank appeal involving a Cook County facility.

07-100

Wayne and Susan Bergbower-Newton (Property Identification Number 90-08-16-300-

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

the Board found and certified that specified facilities of Wayne and Susan Bergbower-Newton,

located in Jasper County, are pollution control facilities for the purpose of preferential tax

treatment under the Property Tax Code (35 ILCS 200/11-10 (2004)).

07-101

Midwest Generation, L.L.C. – Powerton Generating Station v. IEPA

– No action taken.

07-102

City of O’Fallon v. IEPA

– No action taken.

07-103

Christian County Farmers Supply Co. (Property Identification Number 07-19-36-100-

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

---

Environmental Register – April 2007

19

the Board found and certified that specified facilities of Christian County Farmers Supply Co.,

located in Christian County, are pollution control facilities for the purpose of preferential tax

treatment under the Property Tax Code (35 ILCS 200/11-10 (2004)).

AC 07-047

County of Ogle v. Rochelle Waste Disposal, LLC and Clyde A. Gelderloos, Chief

Operator, and City of Rochelle – The Board accepted an administrative citation against these Ogle

County respondents.

AC 07-048

IEPA v. Ben and Destiny Wyant

- The Board granted complainant’s motion for

dismissal of this administrative citation and closed the docket.

AC 07-049

IEPA v. Herman F. and Karen Meyers

– The Board accepted an administrative

citation against these Massac County respondents.

AC 07-050

IEPA v. Doug Hensley and Eric & Charmin Joseph

– The Board accepted an

administrative citation against these Henderson County respondents.

AC 07-051

IEPA v. Gene Breeden – The Board accepted an administrative citation against this

Iroquois County respondent.

AC 07-052

County of LaSalle v. Mike Johnson

– The Board accepted an administrative citation

against this LaSalle County respondent.

AC 07-053

IEPA v. Renee C. Lo

– The Board accepted an administrative citation against this

Champaign County respondent.

AS 07-005

In the Matter of: Petition of Cabot Corporation for an Adjusted Standard from 35 Ill.

Adm. Code Part 738, Subpart B – No action taken.

R07-018

In the Matter of: Nitrous Oxide (NOx) Emissions From Stationary Reciprocating

Internal Combustion Engines and Turbines: Amendments to 35 Ill. Adm. Code Section 201.146,

Parts 211 and 217 – The Board accepted for hearing the Illinois Environmental Protection

Agency’s (IEPA) April 6, 2007 proposal filed under the Clean Air Act fast track procedures of

Section 28.5 of the Environmental Protection Act (415 ILCS 5/28 (2004).

The Board adopted a

first notice opinion and order to amend the Board’s air pollution control regulations, specifically

to satisfy Illinois’ obligations under the Unites States Environmental Protection Agency’s nitrogen

oxides (NOx) State Implementation Plan Call Phase II. The Board granted the IEPA’s motion for

waiver of copy requirements and waived the requirement to file nine copies of the materials. No

action was taken on the separate objections to use of the fast track procedure filed by the Pipeline

Consortium and the Illinois Environmental Regulatory Group on April 16 and 17, 2007 responses

are due by

May 8, 2007.

Provisional Variances

IEPA 07-15 City of Salem v. IEPA

– On March 7, 2007 the Illinois Environmental Protection

Agency granted a provisional variance from carbonaceous biochemical oxygen demand, total

suspended solids and ammonia nitrogen limits of NPDES Permit IL0023264, subject to

conditions. The City of Salem requested this provisional variance so that it can take the South

Oxidation Ditch No. 2 out of service while the oxidation ditch walls are being raised and new

equipment is installed in the oxidation ditch at the wastewater treatment plant. Relief was granted

beginning March 2007, and shall continue for no more than 45 days after the date the city notifies

the IEPA.

IEPA 07-16 City of Salem v. IEPA

– On April 13, 2007, the Illinois Environmental Protection

Agency granted a provisional variance from limits for carbonaceous biochemical oxygen demand,

total suspended solids, and ammonia nitrogen of NPDES Permit IL0023264, subject to conditions.

The city is undergoing improvements to its wastewater treatment plan and requested the

---

Environmental Register – April 2007

20

provisional variance to take the North Oxidation Ditch No. 1 out of service while the oxidation

ditch walls are being raised and new equipment is installed. Relief is granted beginning April

2007, and shall continue for no more than 45 days after the date the city notifies the IEPA.

Public Act 93-0152 (Senate Bill 222) amended Sections 35-37 of the Illinois Environmental Act

(415 ILCS 5/5(b) (2002)) so that provisional variances are issued by the Illinois Environmental

Protection Agency (IEPA). If the IEPA grants a provisional variance, then the IEPA must file

a copy of its written decision with the Board. The Board must maintain copies of the

provisional variances for public inspection. Copies of provisional variances can be obtained by

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

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

initiate a proceeding with the Board for a full variance.

Calendar

5/3/07

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

5/8/07

12:00 PM

AC 05-72

IEPA v. Gary Clover, d/b/a Clover

Concrete, Marion, IL

City Hall Council Chambers

1102 Tower Square

Marion

5/9/07

8:00 AM

AC 06-39

City of Chicago Department of

Environment v. Speedy Gonzalez

Landscaping, Inc. (CDOE No. 06-

02-AC)

James R. Thompson Center

Room 11-512

100 West Randolph Street

Chicago, IL

5/9/07

8:00 AM

AC 06-40

City of Chicago Department of

Environment v. Jose R. Gonzalez

(CDOE No. 06-03-AC, Site Code:

031685103)

James R. Thompson Center

Room 11-512

100 West Randolph Street

Chicago, IL

5/9/07

8:00 AM

AC 06-41

City of Chicago Department of

Environment v. 1601-1759 East

130th Street, LLC (CDOE No. 06-

01-AC, Site Code 0316485103)

James R. Thompson Center

Room 11-512

100 West Randolph Street

Chicago, IL

5/9/07

8:00 AM

AC 07-25

City of Chicago Department of

Environment v. 1601-1759 East

130th Street, LLC

James R. Thompson Center

Room 11-512

100 West Randolph Street

Chicago, IL

5/16/07

1:00 PM

R07-17

In the Matter of: Amendments to

the Board’s Procedural Rules and

Underground Storage Tank Rules to

Reflect P.A. 94-0274, P.A. 94-0276

and P.A. 94-0824 (35 Ill. Adm.

Code 101.202, 732.103, 732.702,

634.115, and 734.710

James R. Thompson Center

Room 11-512

100 West Randolph Street

Chicago, IL

---

Environmental Register – April 2007

21

5/17/07

11:00

AM

Illinois Pollution Control Board Meeting

James R. Thompson Center

Room 9-040

100 W. Randolph Street

Chicago

5/21/07

9:00 AM

R07-18

In the Matter of: Nitrogen Oxide

(NOx) Emissions From Stationary

Reciprocating Internal Combustion

Engines and Turbines: Amendments

to 35 Ill. Adm. Code Section

201.146, Parts 211 and 217

(Continues as necessary or until

June 1, 2007)

IEPA Office Building (North

Entrance)

Training Room 1214 West

1021 North Grand Avenue East

Springfield

6/7/07

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

6/7/07

1:00 PM

R07-17

In the Matter of: Amendments to

the Board’s Procedural Rules and

Underground Storage Tank Rules to

Reflect P.A. 94-0274, P.A. 94-0276

and P.A. 94-0824 (35 Ill. Adm.

Code 101.202, 732.103, 732.702,

634.115, and 734.710

Illinois Pollution Control Board

Conference Room

IEPA Office Building (North

Entrance)

1021 North Grand Avenue East

Springfield

6/19/07

10:00 AM

R07-18

In the Matter of: Nitrogen Oxide

(NOx) Emissions From Stationary

Reciprocating Internal Combustion

Engines and Turbines: Amendments

to 35 Ill. Adm. Code Section

201.146, Parts 211 and 217

Michael A. Bilandic Building

Auditorium

Fifth Floor, Room C-500

160 N. LaSalle Street

Chicago

6/20/07

10:00 AM

R07-18

In the Matter of: Nitrogen Oxide

(NOx) Emissions From Stationary

Reciprocating Internal Combustion

Engines and Turbines: Amendments

to 35 Ill. Adm. Code Section

201.146, Parts 211 and 217

Michael A. Bilandic Building

Auditorium

Fifth Floor, Room C-500

160 N. LaSalle Street

Chicago

6/21/07

10:00 AM

R07-18

In the Matter of: Nitrogen Oxide

(NOx) Emissions From Stationary

Reciprocating Internal Combustion

Engines and Turbines: Amendments

to 35 Ill. Adm. Code Section

201.146, Parts 211 and 217

Michael A. Bilandic Building

Auditorium

Fifth Floor, Room C-500

160 N. LaSalle Street

Chicago

---

Environmental Register – April 2007

22

6/21/07

11:00

AM

Illinois Pollution Control Board Meeting

James R. Thompson Center

Room 9-040

100 W. Randolph Street

Chicago

---

Environmental Register – April 2007

23

6/22/07

10:00 AM

R07-18

In the Matter of: Nitrogen Oxide

(NOx) Emissions From Stationary

Reciprocating Internal Combustion

Engines and Turbines: Amendments

to 35 Ill. Adm. Code Section

201.146, Parts 211 and 217

Michael A. Bilandic Building

Auditorium

Fifth Floor, Room C-500

160 N. LaSalle Street

Chicago

6/25/07

10:00 AM

R07-18

In the Matter of: Nitrogen Oxide

(NOx) Emissions From Stationary

Reciprocating Internal Combustion

Engines and Turbines: Amendments

to 35 Ill. Adm. Code Section

201.146, Parts 211 and 217

James R. Thompson Center

Room 9-031

100 W. Randolph Street

Chicago

6/26/07

10:00 AM

R07-18

In the Matter of: Nitrogen Oxide

(NOx) Emissions From Stationary

Reciprocating Internal Combustion

Engines and Turbines: Amendments

to 35 Ill. Adm. Code Section

201.146, Parts 211 and 217

James R. Thompson Center

Room 9-031

100 W. Randolph Street

Chicago

6/27/07

10:00 AM

R07-18

In the Matter of: Nitrogen Oxide

(NOx) Emissions From Stationary

Reciprocating Internal Combustion

Engines and Turbines: Amendments

to 35 Ill. Adm. Code Section

201.146, Parts 211 and 217

James R. Thompson Center

Room 9-031

100 W. Randolph Street

Chicago

6/28/07

10:00 AM

R07-18

In the Matter of: Nitrogen Oxide

(NOx) Emissions From Stationary

Reciprocating Internal Combustion

Engines and Turbines: Amendments

to 35 Ill. Adm. Code Section

201.146, Parts 211 and 217

James R. Thompson Center

Room 9-031

100 W. Randolph Street

Chicago

6/29/07

10:00 AM

R07-18

In the Matter of: Nitrogen Oxide

(NOx) Emissions From Stationary

Reciprocating Internal Combustion

Engines and Turbines: Amendments

to 35 Ill. Adm. Code Section

201.146, Parts 211 and 217

James R. Thompson Center

Room 9-031

100 W. Randolph Street

Chicago

7/02/07

1:00 PM

R07-18

In the Matter of: Nitrogen Oxide

(NOx) Emissions From Stationary

Reciprocating Internal Combustion

Engines and Turbines: Amendments

to 35 Ill. Adm. Code Section

201.146, Parts 211 and 217

(Continues as necessary or until

July 12, 2007)

IEPA Office Building (North

Entrance)

Training Room 1214 West

1021 North Grand Avenue East

Springfield

---

Environmental Register – April 2007

24

7/12/07

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

7/26/07

11:00

AM

Illinois Pollution Control Board Meeting

James R. Thompson Center

Room 9-040

100 W. Randolph Street

Chicago

CORRECTED COPY

Illinois Environmental Protection Agency

Division of Public Water Supplies

Restricted Status List - Public Water Supplies

APRIL 2007

SYSTEM NAME

EP A

RGN

NATURE OF

PROBLEM

POP

SERVED

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

12/16/198

8

BAHL WATER CORP -

IL0855200

1

INADEQUATE

PRESSURE TANK

700

12/15/199

3

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

---

Environmental Register – April 2007

25

SYSTEM NAME

EP A

RGN

NATURE OF

PROBLEM

POP

SERVED

LISTING

DATE

* CENTRAL MACOUPIN

COUNTY RWD – IL117004

5

TOTAL

TRIHALOMETHANE

14000

3/15/2007

CENTURY PINES

APARTMENTS - IL0150020

1

INADEQUATE

PRESSURE TANK

50

12/14/199

0

CHANDLERVILLE -

IL0170200

5

INAD & UNAPPROVED

STORAGE

704

1/1/2006

* CHESTERFIELD –

IL1170200

5

TOTAL

TRIHALOMETHANE

180

3/15/2007

COOKSVILLE - IL1130400

4

TTHM & HALOACIDIC

ACIDS

300

9/15/2005

COYNE CNTR COOP -

IL1615150

1

INADEQUATE

PRESSURE TANK

150

12/15/199

7

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

12/16/199

2

DEERING OAKS

SUBDIVISION - IL1115200

2

INADEQUATE

PRESSURE TANK

60

12/17/198

2

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

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

10/19/198

1

---

Environmental Register – April 2007

26

SYSTEM NAME

EP A

RGN

NATURE OF

PROBLEM

POP

SERVED

LISTING

DATE

FOREST LAKE ADDITION -

IL0975500

2

INADEQUATE

PRESSURE TANK

204

12/16/198

3

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

12/17/198

2

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

---

Environmental Register – April 2007

27

SYSTEM NAME

EP A

RGN

NATURE OF

PROBLEM

POP

SERVED

LISTING

DATE

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

12/14/198

4

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

12/15/198

9

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

12/17/198

2

---

Environmental Register – April 2007

28

SYSTEM NAME

EP A

RGN

NATURE OF

PROBLEM

POP

SERVED

LISTING

DATE

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

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

12/15/198

9

STRATFORD WEST

APARTMENTS - IL1095200

5

INADEQUATE

PRESSURE TANK

39

12/17/198

2

SUBURBAN HEIGHTS

SUBDIVISION - IL1615800

1

INADEQUATE

PRESSURE TANK

82

12/16/198

3

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

---

Environmental Register – April 2007

29

SYSTEM NAME

EP A

RGN

NATURE OF

PROBLEM

POP

SERVED

LISTING

DATE

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

12/17/198

2

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

12/15/199

7

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

COOKSVILLE – IL1130400

DONNELLSON – IL 0054360

EVANSVILLE – IL1570250

WILLIAMSON – IL1191100

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Environmental Register – April 2007

30

Illinois Environmental Protection Agency

Division of Public Water Supplies

Critical Review List - Public Water Supplies

APRIL 2007

SYSTEM NAME

EP A

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

BROWNING - IL1690050

5

INADEQUATE

SOURCE CAPACITY

175

3/15/1998

* CANTON – IL0570250

5

INSUFFICIENT

TREATMENT

CAPACITY

13932

3/15/2007

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

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Environmental Register – April 2007

31

SYSTEM NAME

EP A

RGN

NATURE OF

PROBLEM

POP

SERVED

LISTING

DATE

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

MECHANICSBURG-BUFFALO

WTR CMSN - IL1675150

5

INADEQUATE

SOURCE CAPACITY

1350

3/15/1998

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

ADGPTV – IL1175200

5

INADEQUATE

PLANT CAPACITY

1251

7/1/2006

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Environmental Register – April 2007

32

SYSTEM NAME

EP A

RGN

NATURE OF

PROBLEM

POP

SERVED

LISTING

DATE

ROBINSON-PALESTINE

WATER COMMISSION –

IL0335030

4

INADEQUATE

PLANT CAPACITY

11317

1/1/2007

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

WATER SYSTEMS REMOVED FROM PREVIOUS LIST

NAUVOO – IL0670500

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

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Environmental Register – April 2007

33

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

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The Illinois Pollution Control Board is an independent five-member board

that adopts environmental control standards, rules on enforcement actions,

and other environmental disputes for the State of Illinois.

The

Environmental Register

is published monthly by the Board, and

contains

updates on rulemakings, descriptions of final decisions, the Board’s hearing

calendar, and other environmental law information.

------------------------------------------------CUT HERE------------------------------------------------

Illinois Pollution Control Board

Environmental Register Coordinator

1021 N. Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274