G. Tanner Girard, Acting Chairman
Board Members:
Thomas E. Johnson, Nicholas J. Melas, Andrea S. Moore
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
(312) 814-3620
(312) 814-6032 TDD
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
(217) 524-8500
Web Site: http://www.ipcb.state.il.us
Letter from the Chairman
In July, the Board continued to move forward with three significant rulemaking
dockets. On July 12, 2007, the Board adopted for first notice Proposed
Amendments To Dissolved Oxygen Standard 35 Ill. Adm. Code 302.206, R04-25,
and Proposed Amendments to Solid Waste Landfill Rules, 35 Ill. Adm. Code 810
and 811, R07-08. On July 26, 2007, the Board adopted for second notice Proposed
New Clean Air Interstate Rules (CAIR) SO
2
, NO
x
Annual and 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.
In R04-25, the Board proposed amendments to Illinois’ general use water quality
standards for dissolved oxygen (DO). The amendments are based on the proposal
filed by the Illinois Association of Wastewater Agencies and a joint proposal filed
by the Illinois Department of Natural Resources and the Illinois Environmental
Protection Agency (IEPA).
The Board proposes “two-season” numeric DO standards. The proposal divides the
year into an “early life stages” season (March through July) and an “other life stages” season (August through
February). The “early life stages” of fish (egg, embryo, larval, and recently-hatched juvenile) are more sensitive to
low DO concentrations than later juvenile and adult stages, and therefore warrant greater protection. Additionally,
the proposal designates approximately 8% of Illinois’ 71,394 general use stream miles to receive “enhanced”
numeric DO standards to protect DO-sensitive species present in meaningful amounts. The proposal also includes a
narrative DO standard to protect quiescent and isolated sectors of general use waters where naturally-occurring DO
concentrations cannot reasonably be expected to attain the numeric DO standards. The Board will accept written
public comment on its first-notice proposal for 45 days after publication in the
Illinois Register
.
In R07-8, the Board proposed amendments to Parts 810 and 811 of the Board’s regulations governing solid waste
disposal and standards for new solid waste landfills. The Illinois Chapter of the National Solid Wastes Management
Association filed the proposal with the Board on July 27, 2006. The amendments are intended primarily to update
the Board’s regulations to reflect practical experience and expanded technical and scientific knowledge achieved
since the Board first adopted these standards in 1990.
Rulemaking R06-26 proposes reductions for intrastate and interstate transport of sulfur dioxide (SO
2
) and nitrogen
oxides (NO
x
) emissions from fossil fuel-fired electric generating units. The proposal addresses Illinois’ requirement
to meet federal Clean Air Act requirements for controlling fine particulate matter (PM
2.5
) and ozone in the greater
Chicago and Metro East/St. Louis nonattainment areas. To address interstate transport, USEPA promulgated the
federal CAIR, under which states like Illinois have the option of complying with emissions budgets set by USEPA,
or, as proposed here by the Board, adopting federal “cap and trade” programs. R06-25 adopts the CAIR SO
2
, CAIR
NO
x
annual, and CAIR NO
x
ozone season trading programs.
The current status of these rulemakings and other Board cases may be determined by visiting the Board’s website at
www.ipcb.state.il.us
. Opinions and orders of the Board, hearing transcripts, and other documents in rulemaking
records are posted through the Clerk’s Office On-Line (COOL) on the Board’s website. Documents may be
downloaded from that website without charge. Hard copies may be obtained for $.75 per page from the Clerk’s
office at 312-814-3629.
Sincerely,
Dr. G. Tanner Girard
Environmental Register – July 2007
1
Inside This Issue:
FEDERAL UPDATE
P. 1
R
ULE UPDATE
P. 2
A
PPELLATE UPDATE
P. 7
B
OARD ACTIONS
P. 8
N
EW CASES
P. 17
P
ROVISIONAL VARIANCES
P. 18
A
DJUSTED STANDARDS
P. 19
B
OARD CALENDAR
P. 20
R
ESTRICTED STATUS/CRITICAL REVIEW
P. 23
Back to top
Federal Update
United States Environmental Protection Agency Proposes Amendments to the National
Ambient Air Quality Standards for Ozone Under the Clean Air Act
On July 11, 2007 (72 Fed. Reg. 37817) the United States Environmental Protection Agency
(USEPA) proposed amendments to the national ambient air quality standards (NAAQS) for ozone
(O
3
). The proposed changes are based on USEPA’s review of the air quality criteria for O
3
and
related photochemical oxidants and NAAQS for O
3
.
USEPA proposes revisions to the primary and secondary NAAQS for O
3
to provide protection of
public health and welfare, respectively, and to make corresponding revisions in data handling
conventions for O
3
. With regard to the primary standard for O
3
, USEPA proposes to revise the
level of the 8-hour standard to a level within the range of 0.070 to 0.075 parts per million (ppm).
This is intended to provide increased protection for children and other “at risk” populations
against an array of O
3
-related adverse health effects that range from decreased lung function and
increased respiratory symptoms to serious indicators of respiratory morbidity including
emergency department visits and hospital admissions for respiratory causes, and possibly
cardiovascular-related morbidity as well as total nonaccidental and cardiopulmonary mortality.
USEPA also proposed to specify the level of the primary standard to the nearest thousandth ppm,
and requested comment on alternative levels down to 0.060 ppm and up to and including retaining
the current 8-hour standard of 0.08 ppm (effectively 0.084 ppm using current data rounding
conventions).
With regard to the secondary standard for O
3
, USEPA proposed to revise the current 8-hour
standard with one of two options to provide increased protection against O
3
-related adverse
impacts on vegetation and forested ecosystems. One option is to replace the current standard with
a cumulative, seasonal standard expressed as an index of the annual sum of weighted hourly
concentrations, cumulated over 12 hours per day (8a.m. to 8p.m.) during the consecutive 3-month
period within the O
3
season with the maximum index value, set at a level within the range of 7 to
21 ppm-hours. The other option is to make the secondary standard identical to the proposed
primary 8-hour standard. Again the USEPA requested comment its proposed amendments.
Written comments on this proposed rule must be received by October 9, 2007. And should be
submitted, identified by Docket ID No. EPA-HQ-OAR-2005-0172, by one of the following
methods:
1) http://www.regulations.gov: Follow the on-line instructions for submitting comments.
2) E-mail: a-and-r-Docket@epa.gov
.
3) Fax: 202-566-1741.
Environmental Register – July 2007
2
4) Mail: Docket No. EPA-HQ-OAR-2005-0172, Environmental Protection Agency, Mail code
6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of two
copies.
USEPA intends to hold public hearings around the end of August to early September in several
cities across the country, and will announce in a separate
Federal Register
notice the dates, times,
and addresses of the public hearings on this proposed rule.
For further information contact Dr. David J. McKee, Health and Environmental Impacts Division,
Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Mail code
C504-06, Research Triangle Park, NC 27711; telephone: 919-541-5288; fax: 919-541-0237; e-
mail: mckee.dave@epa.gov
.
United States Environmental Protection Agency Adopts National Emission Standards for
Hazardous Air Pollutants for Area Sources Under the Clean Air Act
On July 16, 2007 (72 Fed. Reg. 38863) the United States Environmental Protection Agency
(USEPA) adopted National Emission Standards for Hazardous Air Pollutants (NESHAP)
standards for seven area source categories: acrylic and modacrylic fibers production, carbon
black production, chemical manufacturing: chromium compounds, flexible polyurethane foam
production and fabrication, lead acid battery manufacturing, and wood preserving.
The final emissions standards and associated requirements for two area source categories (Flexible
Polyurethane Foam Production and Flexible Polyurethane Foam Fabrication) are combined in one
subpart. These final rules include emission standards that reflect the generally available control
technologies or management practices in each of these area source categories.
These final rules are effective on July 16, 2007.
For further information contact Ms. Sharon Nizich, Sector Policies and Programs Division, Office
of Air Quality Planning and Standards (D243-02), Environmental Protection Agency, Research
Triangle Park, North Carolina 27711, telephone number: (919) 541-2825; fax number: (919) 541-
3207; e-mail address: nizich.sharon@epa.gov
.
Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (2006)),
once adopted by the USEPA, NESHAP rules are applicable and enforceable under the Act
without further action by the Board.
Rule Update
Board Adopts First Notice Opinion and Order in Proposed Amendments to Dissolved
Oxygen Standard 35 Ill. Adm. Code 302.206 (R04-25)
On July 12, 2007, the Board adopted a first notice opinion and order in Proposed Amendments to
Dissolved Oxygen Standard 35 Ill. Adm. Code 302.206 (R04-25). This rulemaking proposes
amendments to the Board’s general use water quality standard for dissolved oxygen or “DO.”
The Board’s first-notice amendments are based on aspects of both the proposal filed by the Illinois
Association of Wastewater Agencies (IAWA), and the joint proposal later filed by the Illinois
Department of Natural Resources (DNR) and the Illinois Environmental Protection Agency
(IEPA). The Board’s first-notice proposal follows consideration of four sets of hearings (held on
June 29, 2004, August 12, 2005, August 25, 2005, April 25, 2006, and November 2 through 3,
2006) and 110 public comments filed in the rulemaking. Further, the amendments proposed for
first notice are consistent with the National Criteria Document or “NCD” for DO of the United
States Environmental Protection Agency (USEPA),
Ambient Aquatic Life Water Quality Criteria
for Dissolved Oxygen (Freshwater)
(USEPA, Chapman 1986). First notice of the amendments
was published at 31 Ill. Reg. 11028 (August 3, 2007).
Environmental Register – July 2007
3
This proposal includes a two-season numeric DO standard with values based on daily minima and
7- and 30-day averages. The “early life stages” season of the proposed two-season numeric DO
standard would run from March 1st through July 31st. The egg, embryo, larval, and recently-
hatched juvenile life stages of fish are more sensitive to low DO concentrations than later juvenile
and adult stages. Additionally, the proposal designates stream segments, approximately 8% of
general use stream miles in Illinois, to receive “enhanced” numeric dissolved oxygen standards to
protect DO-sensitive fish and macroinvertebrate species present in meaningful amounts. The
proposal also includes a narrative DO standard to protect quiescent and isolated sectors of general
use waters.
The first-notice proposal is expected to significantly improve the current DO standard by taking
into account the varied DO requirements of aquatic communities and the diverse range of natural
aquatic conditions present across Illinois, allowing both public and private resources to be focused
on those waters most impacted by low DO.
Copies of the Board’s opinion and order in R04-25 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; e-mail address
mcgillr@ipcb.state.il.us.
Board Grants Motion to Voluntarily Dismiss Proposal in Proposed Site Specific Perlite
Waste Disposal Regulation Applicable to Silbrico Corporation (35 Ill. Adm. Code Part 810)
(R06-8)
On July 12, 2007, the Board granted the July 2, 2207 motion to voluntarily dismiss this
rulemaking filed by the proponent, Silbrico Corporation (Silbrico). Silbrico had been seeking a
site-specific rule for its manufacturing facility located at 6300 River Road in Hodgkins, Cook
County. Silbrico’s July 19, 2005 petition sought a rule allowing it to dispose of what it
characterized as its nonhazardous, inert perlite waste at a “construction and demolition debris”
facility.
The Board granted the voluntary motion and closed the docket.
Copies of the Board’s opinion and order in R06-8 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.
Board Adopts First Notice Opinion and Order in Proposed Amendments to Solid Waste
Landfill Rules, 35 Ill. Adm. Code 810 And 811 (R07-8)
On July 12, 2007, the Board adopted a first notice opinion and order in Proposed Amendments to
Solid Waste Landfill Rules, 35 Ill. Adm. Code 810 And 811 (R07-8). This rulemaking proposes
amendments to Parts 810 and 811 that are intended to update the Board’s solid waste disposal
regulations to reflect practical experience gained through the implementation of those rules and
expanded technical and scientific knowledge achieved since the Board first adopted these
standards in 1990. This rulemaking is based on a proposal that was filed with the Board on
July 27, 2006, by the Illinois Chapter of the National Solid Wastes Management Association
(NSWMA) with the concurrence of the Illinois Environmental Protection Agency (IEPA). First
notice of the proposal was published at 31 Ill. Reg. 11107 and 1112 (August 3, 2007).
NSWMA proposed substantive changes to the Board’s nonhazardous solid waste landfill rules.
Those proposed changes pertain to issues including leachate monitoring, hydrogeologic site
investigation, groundwater monitoring systems, and groundwater quality standards.
The amendments to the leachate monitoring include adding a list of 202 constituents to be
monitored. The IEPA developed the list to represent constituents likely to be found in leachate
from chemical and putrescible waste landfills. The amendments also propose a minimum number
Environmental Register – July 2007
4
of leachate monitoring locations at landfill units. For the first two years of landfill operation, the
proposal changes the frequency of leachate monitoring frequency from quarterly to semi-annual
monitoring. The proposal does not change the requirement that, after those first two years,
monitoring continues on a semi-annual basis. The proposal also requires sampling from each
monitoring location at least once every two years.
The proposal also seeks to replace the reference in the rules to “public or food processing water
supply standard at 35 Ill. Adm. Code 302” with a reference to the groundwater standards found at
35 Ill. Adm. Code 620. This amendment replaces the list of constituents under public or food
processing water supply standards with a more comprehensive list of constituents under the
Board’s groundwater standards.
The amendments to the groundwater monitoring systems address the depth of monitoring wells.
Specifically, the proposal requires an operator to measure the depth of groundwater monitoring
wells that do not contain dedicated pumps on an annual basis. The amendments would also
require that, at groundwater monitoring wells containing dedicated pumps, the operator must
measure the depth of the well every five years or when the pump is serviced.
Additional amendments to monitoring requirements include adding a specific list of indicator
constituents, adding a specific list of organic chemicals for which groundwater must be
monitored, and increasing the frequency of the monitoring for the specified organic parameters.
The amendments also propose several changes to the provisions for confirming monitored
increases.
Proposed changes to the assessment monitoring provisions under Section 811.319(b) include
specifying deadlines for submission and implementation of an assessment monitoring plan.
Additionally, the proposed inclusion of constituents listed in 35 Ill. Adm. Code 620.410 makes the
Board rules consistent with the federal regulations at 40 C.F.R. Part 258.
The amendments propose a number of changes to the groundwater quality standard provisions
under Section 811.320. The proposed changes replace references to public water supply standards
with references to groundwater standards, clarify the establishment of background concentrations,
and update statistical analysis procedures.
Additionally, the proposal updates materials incorporated by reference in Part 810.
The Board held hearings in this rulemaking on January 29, 2007, in Chicago and on February 28,
2007, in Springfield.
Copies of the Board’s opinion and order in R07-8 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 312-814-6085; e-mail address foxt@ipcb.state.il.us.
Board Adopts Second Notice Opinion and Order in Proposed New Clean Air Interstate
Rules (CAIR) SO
2
, NO
x
Annual and NO
x
Ozone Season Trading Programs, 35 Ill. Adm.
Code 225, Subparts A, C, D, E, and F (R06-26)
On July 26, 2007, the Board adopted a second notice opinion and order in Proposed New Clean
Air Interstate Rules (CAIR) SO
2
, NO
x
Annual and NO
x
Ozone Season Trading Programs, 35 Ill.
Adm. Code 225, Subparts A, C, D, E, and F (R06-26). The Board made a number of changes to
the first-notice rules as published at 31 Ill. Reg
.
6769 (May 11, 2007). The Board sent this
rulemaking, as required by the Illinois Administrative Procedure Act (5 ILCS 100/1-1
et seq.
(2006)), to the Joint Committee on Administrative Rules (JCAR) for review at its August 14, 2007
meeting. If JCAR acts favorably on the rule at that time, the Board would hope to adopt a final
rule August 26, 2007.
The changes in the rule are driven largely from the comments filed by the Illinois Environmental
Protection Agency (IEPA). In its comments, the IEPA proposed a number of clarifications and
Environmental Register – July 2007
5
corrections to the first-notice rule language. According to the IEPA, the changes are of four
types: (1) changed dates within the CAIR rule to avoid retroactive application; (2) changes based
on comments received from USEPA; (3) previously proposed amendments that were inadvertently
omitted from first notice; and (4) typos that need correction and some clarifications that need to be
made. The Board has made all of the changes as suggested by the IEPA.
The IEPA and Southern Illinois Power Cooperative (SIPC) both pointed to changes that needed to
be made to Sections 225.465(b)(5)(B) and 225.565(b)(5)(B) to incorporate language that both
parties had agreed to in the text. The Board made these suggested changes.
Additionally, the Board made a number of nonsubstantive changes to the text of the rule to clarify
the rule language and to ensure consistency within the rule and with the general style standards of
the Board and the IAPA. The Board has also included amendments to Section 225.120,
“Abbreviations and Acronyms,” to include some of the abbreviations and acronyms that are used
in the proposed rule text. While this Section was not included in the first notice proposal, the
IEPA’s comments point out that these nonsubstantive additions can ease the reading of the rule,
which has numerous abbreviations and acronyms.
The majority of the comments in this rulemaking support the bulk of the rule as amended during
this proceeding. However, public comments received following first notice indicate some areas of
disagreement still exist.
The remaining areas of disagreement are: (1) determination of allocations for SIPC for 2009 –
2011; (2) allocations based on gross electrical output instead of heat input; (3) proposal to correct
for “air in-leakage”; (4) fuel-weighting factors; (5) various aspects of the Clean Air Set-Aside
(CASA) (size, availability, purpose, and economic impact); and (6) withholding allowances from
the Compliance Supplement Pool (CSP). After considering all comments received in its second
notice opinion and order, the Board found no changes to the first notice rules were warranted
concerning these six issues.
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 Richard McGill at 312-814-6983; e-mail address
mcgillr@ipcb.state.il.us.
Board Adopts Final Rules 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 July 26, 2007 the Board adopted a final rules in its opinion and order 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). The Board made
some substantive changes to its proposal for public comment in response to comments filed by the
Illinois Environmental Protection Agency (IEPA). The IEPA requested, and the Board added, a
handful of references to the Illinois Wellhead Protection Program. Additionally, the Board made
other, minor nonsubstantive changes to the rulemaking. The final amendments were filed and
effective July 27, 2007 effective date and published 31 Ill. Reg. 11757 (August 10, 2007). This
action timely completed the rulemaking prior to the August 6, 2007, deadline the Board
established in its April order extending the deadline in this rulemaking (See the April 2007 issue
of the
Environmental Register
at page 5).
The R07-2 docket includes federal SDWA amendments that USEPA adopted in the periods
January 1, 2006 though June 30, 2006, and the R07-11 docket includes federal SDWA
amendments that USEPA adopted in the periods July 1, 2006 though December 31, 2006. The
amendments incorporate into the Illinois regulations three related, significant new federal rules:
the Stage 2 Disinfectants and Disinfection Byproducts Rule, the Long Term 2 Enhanced Surface
Water Treatment Rule, and the Groundwater Rule.
Environmental Register – July 2007
6
January 4, 2006 (71 Fed. Reg. 388)
USEPA adopted the Stage 2 Disinfectants and Disinfection Byproducts Rule (DBPR). The DBPR
regulates drinking water disinfection practices and the content of disinfection byproducts in
drinking water. The Stage 2 DBPR is intended to further reduce the risks of cancer and
reproductive and other adverse health effects associated with disinfection byproducts. The Stage
2 rule includes maximum contaminant level standards and monitoring, reporting, and public
notification requirements for these contaminants. The Stage 2 rule applies to any community
water supply or non-transient, non-community water system that adds a disinfectant other than
ultraviolet light to drinking water.
Implementation of the Stage 2 DBPR occurs in phases, and the deadlines for completion of the
various phases are staggered, depending on system size. The earliest compliance deadline, that
for a supplier that serves 100,000 persons or more to submit an initial distribution system
evaluation (IDSE) plan to the State, was October 1, 2006. The latest compliance deadline, which
requires compliance with the monitoring requirements by a supplier that serves fewer than 10,000
persons of which
Cryptosporidium
monitoring is required, is October 1, 2014.
The Stage 2 DBPR is an extension of the existing Stage 1 DBPR, adopted by USEPA on
December 16, 1998 (at 63 Fed. Reg. 69390) and by the Board on July 22, 1999 (in docket R99-
12). The DBPR is a companion to the Enhanced Surface Water Treatment Rule (see the entry
below for the January 5, 2006 USEPA action). The federal amendments include corrections to
existing regulations and to the existing Stage 1 DBPR.
January 5, 2006 (71 Fed. Reg. 654)
USEPA adopted the Long Term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR). The
LT2ESWTR requires the use of treatment techniques and imposes monitoring, reporting, and
public notification requirements on all systems that use surface water as a source of raw water.
USEPA intends that the rule protect against
Cryptosporidium
and other microbial contaminants,
like
Giardia lamblia
.
Implementation of the LT2ESWTR occurs in phases, just as it does for the Stage 2 DBPR. The
deadlines for completion of the various phases are staggered, also depending on system size. The
earliest compliance deadline is for a supplier that serves 100,000 persons or more to begin its first
round of monitoring was October 1, 2006. The latest compliance deadline, which requires a
supplier that serves fewer than 10,000 persons which monitors for
Cryptosporidium
to begin a
second round of monitoring, is April 1, 2019.
The LT2ESWTR is an extension of earlier rules pertaining to treatment of surface water that
USEPA has adopted. USEPA adopted the Surface Water Treatment Rule (SWTR) and the Total
Coliform Rule (TCR) on June 29, 1989 (at 54 Fed. Reg. 27486 and 27544, respectively), and the
Board adopted the rules on May 24, 1990 (in docket R88-26). USEPA then adopted the Interim
Enhanced Surface Water Treatment Rule (IESWTR) on December 16, 1998 (at 63 Fed. Reg.
69478), which the Board adopted together with the Stage 1 DBPR (see the entry for the USEPA
action on July 4, 2006, above) on July 22, 1999 (in docket R99-12). Later, USEPA adopted the
Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR) on January 14, 2002 (67
Fed. Reg. 1812), and the Board adopted it on December 19, 2002 (in docket R03-4). The
LT2ESWTR is a companion to the Stage 2 DBPR (see the entry for the USEPA action of January
4, 2006, above).
January 27, 2006 (71 Fed. Reg. 4644) and June 29, 2006 (71 Fed. Reg. 37168)
USEPA corrected the January 4, 2006 Stage 2 DBPR.
January 30, 2006 (71 Fed. Reg. 4968) and February 6, 2006 (71 Fed. Reg. 6136)
USEPA corrected the January 5, 2006 LT2ESWTR.
R07-11: SDWA Update, USEPA Amendments July 1, 2006 through December 31, 2006
Environmental Register – July 2007
7
November 8, 2006 (71 Fed. Reg. 65574)
USEPA adopted the Ground Water Rule (GWR). Compliance with the federal GWR is required
by December 1, 2009. The GWR is intended to increase protection against microbial pathogens in
public water systems that use ground water sources. Under the GWR, disinfection is required as a
treatment technique for all public water systems, including surface water systems and ground
water systems, as necessary. The GWR targets ground water systems that are susceptible to fecal
contamination, instead of requiring disinfection for all ground water systems. The GWR requires
ground water systems that are at risk of fecal contamination to take corrective action to reduce
cases of illnesses and deaths due to exposure to microbial pathogens.
November 21, 2006 (71 Fed. Reg. 67427)
USEPA corrected the references to analytical methods for use under GWR.
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
Appellate Update
Fifth District Affirms Board Finding of Violation and Imposition of $4500 Penalty and
Hearing Costs in William Shrum v. Illinois Environmental Protection Agency and Illinois
Pollution Control Board, No. 5-06-0310 (5th Dist. July 27, 2007) (affirming Board orders in
AC 05-18 (March 16, 2006 interim order and May 18, 2006 final order)
On July 27, 2007, the Fifth District Appellate Court issued a Rule 23 order affirming the Board in
William Shrum v. Illinois Environmental Protection Agency and Illinois Pollution Control Board
,
No. 5-06-0310 (5th Dist. July 27, 2007). In an administrative citation (AC) case, the Board had
found that site-owner William Shrum "allowed" open dumping where Shrum controlled the site
and did not clean up waste placed there by the previous owner. Illinois Environmental Protection
Agency v. William Shrum, AC 05-18 (March 16, 2006 interim order and May 18, 2006 final
order). Justice Chapman authored the court's six-page, non-precedential decision, with Justices
Donovan and Spomer concurring.
Board Orders
On February 19, 2004, William Shrum purchased the site at issue, located north of the intersection
of Shamrock and Corgan Roads approximately three and one-half miles northwest of Tamaroa,
Perry County. The Illinois Environmental Protection Agency (IEPA) inspected the site July 2,
2004. The IEPA inspector observed waste materials covering an area approximately 90 feet wide
by 75 feet long. The materials appeared to have been spread out to fill a low-lying area since a
June 2004 inspection. In its August 4, 2004 AC, the IEPA alleged that Shrum violated Sections
21(p)(1) and (7) of the Act by causing or allowing the open dumping of waste resulting in litter
and the deposition of general or clean construction or demolition debris.
Shrum filed a petition for review of the AC. In a March 16, 2006 interim opinion and order, the
Board found that the undisputed facts adduced at hearing were that the waste materials had been
placed on the site by a prior owner in 2000-2001. Illinois Environmental Protection Agency v.
William Shrum, AC 05-18 (March 16, 2006 interim order) slip op. at 3. Shrum purchased the
property in February 2004, and in fact removed some of the waste from the site. The dispute
between the parties was whether Shrum “allowed” the open dumping under these facts.
Id
.
The Board found Shrum violated Sections 21(p)(1) and (7) of the Act as alleged. Consistent with
long-standing Board precedent, the Board found that Shrum exercised control over the site as its
Environmental Register – July 2007
8
owner and “allowed” the open dumping by failing to remedy the prior waste disposal. Because
Shrum had previously been found in violation of Section 21(p)(1), this second adjudicated
violation of that provision required imposition of a $3,000 civil penalty. The violation of Section
21(p)(7) required imposition of a $1,500 civil penalty.
Id
. at 7-9. The interim opinion and order
directed documentation of hearing costs, and gave Shrum leave to object to those costs.
Shrum did not respond to the hearing cost filings of the Board Clerk or the IEPA. On May 18,
2006, the Board issued its final opinion and order, incorporating by reference its findings of fact
and conclusions of law from the interim opinion and order. In the final decision, the Board also
assessed the $4,500 civil penalty, along with the documented hearing costs totaling $306.88.
Illinois Environmental Protection Agency v. William Shrum,
AC 05-18 (May 18, 2007 final
order), slip op. at 1-2.
Court Decision
Initially, the court determined that the Board "was faced with a mixed question of law and fact,"
and therefore the court applied the "clearly erroneous" standard of review to the Board's decision.
William Shrum v. Illinois Environmental Protection Agency and Illinois Pollution Control Board
,
No. 5-06-0310 (5th Dist. July 27, 2007), slip op. at 2 (citing Elementary School District 159 v.
Schiller, 221 Ill.2d 130,143, 849 N.E.2d 349, 358 (2006)). (The court did not mention Section
41(b) of the Act, 415 ILCS 5/41(b) cited and argued in the Board brief for application of the more
deferential "manifest weight" standard.)
The court declined the IEPA's invitation to construe Shrum's moving of the debris around on the
site as "causing" open dumping. Shrum
, slip op. at 4. Instead, the court focused on the meaning
of "allowed," querying: "The question is simply whether Shrum allowed the waste to remain on
his property. By purchasing property with waste present and by failing to remove that waste, is
Shrum guilty of open dumping?"
Id
. The court noted that the Act does not define the term
"allow" and that courts will consider the administrative agency's interpretation when the statutory
language is "reasonably debatable."
Id
.
The court described relevant Board decisions as standing for the proposition that "passive conduct
in failing to remediate the property" qualifies as the "requisite allowance." Shrum
, slip op. at 4-5.
The Court noted Illinois Supreme Court precedent on how knowledge or intent is not necessary to
establish a violation of the Act.
Id
. at 5, citing People v. Fiorini
, 143 Ill. 2d 318, 574 N.E.2d 612
(1991) and First of America Trust Co. v. Armstead
, 171 Ill. 2d 282, 664 N.E.2d 36 (1996)(citing
Meadowlark Farms v. IPCB, 17 Ill. App. 3d 851, 308 N.E.2d 829 (1974)),
the court concluded:
"The IEPA is not required to establish that Shrum intended to allow open dumping. Taking no
steps to rectify the waste left behind by the previous landowner was sufficient to establish Shrum's
guilt of allowing open dumping on his land." Shrum
, slip op. at 5-6. The court therefore found
that the Board's judgment was not clearly erroneous and affirmed the Board.
Id
. at 6.
Board Actions
July 12, 2007
Via Videoconference
Springfield and Chicago, Illinois
Rulemakings
R04-25
In the Matter of: Proposed Amendments to Dissolved Oxygen
Standard – The Board adopted a first notice opinion and order in
this rulemaking to amend the Board’s general use water quality
standard for dissolved oxygen.
4-0
R, Water
Environmental Register – July 2007
9
R06-8
In the Matter of: Proposed Site Specific Perlite Waste Disposal Regulation
Applicable to Silbrico Corporation – The Board granted petitioner’s motion to
voluntarily dismiss this proposed rulemaking.
4-0
R, Land
R07-8
In the Matter of: Proposed Amendments to Solid Waste Landfill Rules
– The
Board adopted a first notice opinion and order in this rulemaking to amend the
Board’s solid waste disposal regulations.
4-0
R, Land
R07-18
In the Matter of: Fast-Track Rules Under Nitrogen Oxide (NOx) SIP Call Phase
II: Amendments to 35 Ill. Adm. Code Section 201.146, Parts 211 and 217 – The
Board granted the Illinois Environmental Protection Agency’s (IEPA) motion
for leave to file reply to the response to the IEPA’s motion for reconsideration of
the Board’s May 17, 2007 order.
4-0
R, Air
R07-19
In the Matter of: Section 27 Proposed Rules for Nitrogen Oxide (NOx)
Emissions From Stationary Reciprocating Internal Combustion Engines and
Turbines: Amendments to 35 Ill. Adm. Code Parts 211 and 217 – The Board
granted the Illinois Environmental Protection Agency’s (
IEPA) motion for
leave to file reply to the response to the IEPA’s motion for reconsideration of
the Board’s May 17, 2007 order.
4-0
R, Air
R08-1
UIC Update, USEPA Amendments (January 1, 2007 through June 30, 2007)
–
The Board reserved this docket for a routine update to make the Board rules
“identical in substance” to United States Environmental Protection Agency rules
adopted during the update period. The update period is January 1, 2007 through
June 30, 2007.
R08-2
RCRA Subtitle D (Municipal Solid Waste Landfill) Update, USEPA
Amendments (January 1, 2007 through June 30, 2007) – The Board reserved
this docket for a routine update to make the Board rules “identical in substance”
to United States Environmental Protection Agency rules adopted during the
update period. The update period is January 1, 2007 through June 30, 2007.
R08-3
RCRA Subittle C (Mazardous Waste) Update, USEPA Amendments (January 1,
2007 through June 30, 2007) – The Board reserved this docket for a routine
update to make the Board rules “identical in substance” to United States
Environmental Protection Agency rules adopted during the update period. The
update period is January 1, 2007 through June 30, 2007.
R08-4
UST Update, USEPA Amendments (January 1, 2007 through June 30, 2007)
–
The Board reserved this docket for a routine update to make the Board rules
“identical in substance” to United States Environmental Protection Agency rules
adopted during the update period. The update period is January 1, 2007 through
June 30, 2007.
Environmental Register – July 2007
10
R08-5
Wastewater Pretreatment Update, USEPA Amendments (January 1, 2007
through June 30, 2007) – The Board reserved this docket for a routine update to
make the Board rules “identical in substance” to United States Environmental
Protection Agency rules adopted during the update period. The update period is
January 1, 2007 through June 30, 2007.
R08-6
Definition of VOM Update, USEPA Amendments (January 1, 2007 through
June 30, 2007) – The Board reserved this docket for a routine update to make
the Board rules “identical in substance” to United States Environmental
Protection Agency rules adopted during the update period. The update period is
January 1, 2007 through June 30, 2007.
R08-7
SDWA Update USEPA Amendments (January 1, 2007 through June 30, 2007)
–
The Board reserved this docket for a routine update to make the Board rules
“identical in substance” to United States Environmental Protection Agency rules
adopted during the update period. The update period is January 1, 2007 through
June 30, 2007.
Administrative Citations
AC 07-53
IEPA v. Renee C. Lo
– The Board denied respondent’s motion for
reconsideration of the Board’s May 17, 2007 default order.
4-0
AC 07-57
IEPA v. Bernard Kotter
– The Board granted complainant’s motion to dismiss
the administrative citation.
4-0
AC 07-60
IEPA v. Joseph Combs
– The Board found that this Greene County respondent
violated Sections 21(p)(1), (3) and (7) of the Environmental Protection Act (415
ILCS 5/21(p)(1), (3) and (7) (2006)) and ordered respondent to pay a penalty of
$4,500.
4-0
AC 07-61
IEPA v. Ben and Destiny Wyant
– The Board found that these Williamson
County respondents violated Sections (p)(1) and (p)(7) of the Environmental
Protection Act (415 ILCS 5/21(p)(1), (p)(7) (2006)), and ordered respondents to
pay a civil penalty of $3,000.
4-0
AC 07-62
IEPA v. John A. & Kay E. Oldham
– The Board accepted for hearing this
petition for review of an administrative citation against these Clay County
respondents.
4-0
AC 07-72
IEPA v. Landfill 33 Ltd., Wendt Family Trust, Richard Deibel, and Brian Hayes
– The Board accepted an administrative citation against these Effingham County
respondents.
Environmental Register – July 2007
11
Decisions
PCB 05-93
York High Neighborhood Committee, Janet Hodge, Fred Hodge, Patricia
Bennett, David Bennett, Sheila Trant, Mike Trant, Joe Vosicky, Jean Conroy,
Peter Conroy, Frank Soldano, Joseph Reamer, Elizaeth Laliberte, and Chrles
Laliberte v. Elmhurst Public Schools, District 205 – In this citizens’ noise
enforcement action concerning a DuPage County site, the Board granted the
parties’ motion to supplement the March 19, 2007 stipulation and settlement
agreement, accepted the stipulation and settlement agreement governing
operation of respondent’s air chillers, and closed the docket.
4-0
N-E
PCB 05-215
PCB 06-103
People of the State of Illinois v. First Rockford Group, Inc
– In this consolidated
public water supply enforcement action concerning a Winnebago County
facility, the Board granted relief from the hearing requirement of Section
31(c)(1) of the Environmental Protection Act (415 ILCS 5/31(c)(1) (2006)),
accepted a stipulation and settlement agreement, ordered respondent to pay a
total civil penalty of $35,000, and to cease and desist from further violations.
4-0
PWSE
Motions and Other Matters
PCB 04-88
Des Plaines River Watershed Alliance, Livable Communities Alliance, Prairie
Rivers Network, and Sierra Club v. IEPA and Village of New Lenox – The
Board affirmed its decision and denied the respondents’ motions to reconsider
the April 19, 2007 opinion and order remanding the permit the Illinois
Environmental Protection Agency for additional review.
4-0
P-A
Water
PCB 05-98
People of the State of Illinois v. Oasis Industries, Inc., an Illinois corporation
–
Upon receipt of a proposed stipulation and settlement agreement and an agreed
motion to request relief from the hearing requirement in this air enforcement
action involving a Kane County facility, the Board ordered publication of the
required newspaper notice.
4-0
Air-E
PCB 05-125
PCB 05-126
Cons.
Red Rooster Corporation (f/k/a Clark Retail Enterprises, Inc.) (Clark Oil #2086)
(12/30/04 IEPA Determination) v. IEPA – The Board granted this Peoria County
facility’s motion for voluntary dismissal of these consolidated underground
storage tank appeals.
4-0
UST Appeal
PCB 05-219
People of the State of Illinois v. Conair Corporation, a Delaware corporation
–
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 Champaign County facility, the Board ordered publication of
the required newspaper notice.
4-0
Land-E
PCB 07-10
Citgo Petroleum Corporation v. IEPA
– The Board granted this Will County
facility’s motion for voluntary dismissal of this permit appeal.
4-0
P-A, Water
Environmental Register – July 2007
12
PCB 07-16
People of the State of Illinois v. CSX Transportation, Inc.
– The Board granted
the complainant’s motion for summary judgment and denied respondent’s
motion for summary judgment. The Board found that respondent violated
various sections of the Environmental Protection Act, but assessed no civil
penalty or attorney fees or costs. The Board directed respondent to cease and
desist from future violations.
4-0
W-E
PCB 07-27
Village of Wilmette v. IEPA
– The Board granted respondent’s motion for
summary judgment and affirmed the Illinois Environmental Protection Agency’s
denial of the requested amendment. The Board denied petitioner’s motion for
summary judgment and closed this docket.
3-1
Johnson
dissent
UST Appeal
PCB 07-102
City of O’Fallon v. IEPA
– The Board dismissed this case for petitioner’s failure
to file an amended petition to cure certain deficiencies.
4-0
P-A, Water
PCB 07-105
Harley Frey v. IEPA
– The Board granted this Wayne County facility’s motion
for voluntary dismissal of this underground storage tank appeal.
4-0
P-A, Land
PCB 07-113
PCB 07-116
Cons.
Rochelle Waste Disposal, L.L.C. v. The City of Rochelle and The Rochelle City
Council; Concerned Citizens of Ogle County v. The City of Rochelle, The City
Council of the City of Rochelle, and Rochelle Waste Disposal, L.L.C. – The
Board granted Concerned Citizens of Ogle County (CCOC) motion to withdraw
its petition, dismissed PCB 07-116, and closed that docket. The Board granted
CCOC’s motion to file an amicus curiae brief in PCB 07-113, stating any brief
filed by CCOC must consist only of argument, must not raise facts that are not in
evidence, and must not delay the Board’s decision-making.
4-0
P-C-F-S-R
3rd Party
PCB 07-114
Robert Habeeb v. The Coach House Restaurant
– The Board on its own motion
dismissed this citizen noise enforcement action concerning a Cook County site as
frivolous and closed the docket.
4-0
N-E
Citizens
PCB 07-146
Fox Moraine, LLC v. United City of Yorkville City Council
– The Board
accepted for hearing this pollution control facility siting appeal involving a site
in Kendall County.
4-0
P-C-F-S-R
PCB 07-147
L. Keller Oil Properties, Inc./Farina v. IEPA
– The Board accepted for hearing
this underground storage tank appeal involving a Fayette County facility.
4-0
UST Appeal
PCB 07-148
People of the State of Illinois v. Carlyle North Water Company, Inc.
– The
Board accepted for hearing this public water supply enforcement action
involving a site located in Clinton County.
4-0
PWS-E
Environmental Register – July 2007
13
PCB 08-1
Independence Pork, LLC - Victor (Property ID No. 17-11-400-002) v. IEPA
–
Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of
Independence Pork, LLC, located in DeKalb County, are pollution control
facilities for the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2006)).
4-0
T-C
Water
PCB 08-2
Hildebrandt Farms - South Beloit (Property ID No. 01-04-300-008, Log No. TC-
04-02) v. IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that specified facilities
of Hildebrandt Farms, located in Boone County, are pollution control facilities
for the purpose of preferential tax treatment under the Property Tax Code (35
ILCS 200/11-10 (2006)).
4-0
T-C
Water
PCB 08-3
Advantage Pork, LLC - Afton (Property ID No. 11-200-300-010) v. IEPA.
–
Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of
Advantage Pork, LLC located in DeKalb County, are pollution control facilities
for the purpose of preferential tax treatment under the Property Tax Code (35
ILCS 200/11-10 (2006)).
4-0
T-C
Water
PCB 08-4
Hildebrandt Farms - South Beloit (Property ID No. 01-04-300-008, Log # TC-
01-03) v. IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that specified facilities
of Hildebrandt Farms, located in Boone County, are pollution control facilities
for the purpose of preferential tax treatment under the Property Tax Code (35
ILCS 200/11-10 (2006)).
4-0
T-C
Water
PCB 08-5
Dunn’s University BP 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
Coles County facility.
4-0
UST Appeal,
90-Day
Extension
PCB 08-6
Future Pork, LLC-Victor (Property ID No. 07-32-100-006 v. IEPA
– Upon
receipt of the Illinois Environmental Protection Agency’s recommendation, the
Board found and certified that specified facilities of Future Pork, LLC located in
Dekalb County, are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10 (2006)).
4-0
T-C
Water
July 26, 2007
Chicago, Illinois
Rulemakings
R06-26
In the Matter of: Proposed New Clean Air Interstate Rule (CAIR) SO2, NOx
Annual and NOx Ozone Season Trading Programs, 35 Ill. Adm. Code 225,
4-0
R, Air
Environmental Register – July 2007
14
Subparts A, C, D, E, and F
– The Board adopted a second notice opinion and
order in this rulemaking to amend the Board’s air pollution regulations.
R07-2
R07-11
(cons.)
In the Matter of: SDWA Update, USEPA Amendments (January 1, 2006 though
June 30, 2006); In the Matter of: SDWA Update, USEPA Amendments (July 1,
2006 through December 31, 2006) – The Board adopted a final opinion and order
in this “identical-in-substance” consolidated rulemaking amending the Board’s
drinking water regulations.
4-0
R, PWS
R07-18
In the Matter of: Fast-Track Rules Under Nitrogen Oxide (NOx) SIP Call Phase
II: Amendments to 35 Ill. Adm. Code Section 201.146, Parts 211 and 217 – The
Board denied the Illinois Environmental Protection Agency’s motion for
reconsideration of the Board’s May 17, 2007 order bifurcating dockets R07-18
and R07-19.
4-0
R, Air
R07-19
In the Matter of: Section 27 Proposed Rules for Nitrogen Oxide (NOx) Emissions
From Stationary Reciprocating Internal Combustion Engines and Turbines:
Amendments to 35 Ill. Adm. Code Parts 211 and 217 – The Board denied the
Illinois Environmental Protection Agency’s motion for reconsideration of the
Board’s May 17, 2007 order bifurcating dockets R07-18 and R07-19.
4-0
R, Air
Adjusted Standards
AS 07-002
In the Matter of: Proposed Extension of Adjusted Standard Applicable to Illinois-
American Water Company’s Alton Public Water Supply Facility Discharge to the
Mississippi River – The Board on its own order set for hearing this request for an
adjusted standard involving a Madison facility.
4-0
A,S, W
AS 07-007
In the Matter of: Petition of Illinois Department of Transportation, District 8, for
an Adjusted Standard from 35 Ill. Adm. Code 302.208(g) (NPDES Permit No.
ILD0070955) – The Board granted petitioner’s motion for withdrawal of its
petition for adjusted standard.
4-0
Water
Administrative Citations
AC 06-22
IEPA v. Harold Graves (Tower Hill/Graves-Ambrose)
– The Board granted
respondent’s motion to withdraw his petition for review. The Board found that
this Shelby County respondent violated Sections (p)(1) and (p)(7) of the
Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(7) (2006)), and ordered
respondent to pay a civil penalty of $3,000, unless it has already been paid.
4-0
AC 07-34
County of Jackson v. Alvin Valdez and Ruben J. Valdez
– The Board granted
complainant’s motion to dismiss the administrative citation.
4-0
AC 07-64
IEPA v. Mercelo Mendoza
– The Board found that this Champaign County
respondent violated Sections (p)(1) and (p)(7) of the Environmental Protection
Act (415 ILCS 5/21(p)(1), (p)(7) (2006)), and ordered respondent to pay a civil
4-0
Environmental Register – July 2007
15
penalty of $3,000.
AC 07-65
IEPA v. Todd McKinney
– The Board granted complainant’s motion to dismiss
the administrative citation.
4-0
AC 07-66
Ogle County v. John and Angela Baker
– The Board found that these Ogle
County respondents violated Section (p)(3) of the Environmental Protection Act
(415 ILCS 5/21(p)(3) (2006)), and ordered respondents to pay a civil penalty of
$1,500.
4-0
AC 07-67
Ogle County v. Harry Poggioli, Jr.
– The Board found that this Champaign
County respondent violated Sections (p)(3) and (p)(7) of the Environmental
Protection Act (415 ILCS 5/21(p)(3), (p)(7) (2006)), and ordered respondent to
pay a civil penalty of $3,000.
4-0
AC 07-68
IEPA v. Todd McKinney
– The Board granted complainant’s motion to dismiss
the administrative citation.
4-0
AC 07-69
County of Vermilion, Illinois v. Robert Martin
– The Board found that this
Vermilion County respondent violated Sections (p)(1) and (p)(3) of the
Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3) (2006)), and ordered
respondent to pay a civil penalty of $3,000.
4-0
Motions and Other Matters
PCB 02-53
E & L Trucking Company v. IEPA
– The Board granted this Cook County
facility’s motion for voluntary dismissal of this underground storage tank appeal.
4-0
UST Appeal
PCB 05-15
Bill Carter d/b/a Carter Convenience Store v. IEPA
– The Board granted this
White County facility’s motion for voluntary dismissal of this underground
storage tank appeal.
4-0
UST Appeal
PCB 05-16
Royer Oil (Sorrento Garage) v. IEPA
– The Board granted this Bond County
facility’s motion for voluntary dismissal of this underground storage tank appeal.
4-0
UST Appeal
PCB 05-21
Randy’s Shell v. IEPA
– The Board granted this Piatt County facility’s motion
for voluntary dismissal of this underground storage tank appeal.
4-0
UST Appeal
PCB 05-62
Keller Oil Co./Moweaqua v. IEPA
– The Board granted this Shelby County
facility’s motion for voluntary dismissal of this underground storage tank appeal.
4-0
UST Appeal
PCB 06-50
E & L Trucking Company v. IEPA
– The Board granted this Cook County
facility’s motion for voluntary dismissal of this underground storage tank appeal.
4-0
UST Appeal
Environmental Register – July 2007
16
PCB 06-119
People of the State of Illinois v. Strata Geologic Services, Inc.
– The Board
granted complainant’s motion for summary judgment. The Board found that
respondent violated various sections of the Environmental Protection Act and the
Board’s regulations. Respondent was ordered to pay a civil penalty of $6,500.
4-0
L-E
PCB 07-48
Village of Wilmette v. IEPA
– The Board granted respondent’s motion for
summary judgment and affirmed the Illinois Environmental Protection Agency’s
denial of the requested reimbursement. The Board denied petitioner’s motion for
summary judgment and closed this docket.
4-0
Johnson
concurred
UST Appeal
PCB 07-66
Ted’s Citgo v. IEPA
– The Board granted this Lake County facility’s motion for
voluntary dismissal of this underground storage tank appeal.
4-0
UST Appeal
PCB 07-96
Kyle Nash v. Karen Sokolowski – The Board found this citizen’s air water
enforcement action involving a Cook County facility, neither duplicative nor
frivolous and accepted the complaint for hearing.
4-0
Citizens
N-E
PCB 07-97
Kyle Nash v. Louis Jimenez
– The Board found this citizen’s air water
enforcement action involving a Cook County facility, neither duplicative nor
frivolous and accepted the complaint for hearing.
4-0
Citizens
N-E
PCB 07-110
City of Granite City 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 located in Madison County.
4-0
UST
Appeal
PCB 07-149
Biomedical Technology Solutions, Inc. v. IEPA
– The Board ordered petitioner
to file an amended petition to cure noted deficiencies, accompanied by an
attorney’s appearance on or before August 27, 2007, or the petition would be
subject to dismissal.
4-0
A-V
PCB 08-07
People of the State of Illinois v. Union Pacific Railroad Company
– The Board
accepted for hearing this public water supply enforcement action involving a site
located in Cook County.
4-0
PWS-E
PCB 08-08
People of the State of Illinois v. Arona Corporation, d/b/a Aaron’s Sales & Lease
Ownership – The Board accepted for hearing this air enforcement action
involving a site located in Winnebago County.
4-0
Air-E
PCB 08-09
Midwest Generation, LLC, Will County Generating Station v. IEPA
– The Board
accepted for hearing this permit appeal involving a Will County facility. No
action was taken on petitioner’s motion for stay of specified conditions in the
permit.
4-0
P-A
Air
Environmental Register – July 2007
17
New Cases
July 12, 2007 Board Meeting
07-145
Randy Grant, Donald Grant and Patricia Wallace v. Mach Mining (Pond Creek Mine #1) -
The Board held for a later duplicative/frivolous determination this citizens’ noise enforcement
action involving a Williamson County facility.
07-146
Fox Moraine, LLC v. United City of Yorkville City Council
– The Board accepted for
hearing this pollution control facility siting appeal involving a site in Kendall County.
07-147
L. Keller Oil Properties, Inc./Farina v. IEPA
– The Board accepted for hearing this
underground storage tank appeal involving a Fayette County facility.
07-148
People of the State of Illinois v. Carlyle North Water Company, Inc.
– The Board accepted
for hearing this public water supply enforcement action involving a site located in Clinton County.
07-149
Biomedical Technology Solutions, Inc. v. IEPA
– No action taken.
08-01
Independence Pork, LLC - Victor (Property ID No. 17-11-400-002) v. IEPA
– Upon receipt
of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified
that specified facilities of Independence Pork, LLC, located in DeKalb County, are pollution
control facilities for the purpose of preferential tax treatment under the Property Tax Code (35
ILCS 200/11-10 (2006)).
08-02
Hildebrandt Farms - South Beloit (Property ID No. 01-04-300-008, Log No. TC-04-02) v.
IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the
Board found and certified that specified facilities of Hildebrandt Farms, located in Boone County,
are pollution control facilities for the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2006)).
08-03
Advantage Pork, LLC - Afton (Property ID No. 11-200-300-010) v. IEPA.
– Upon receipt
of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified
that specified facilities of Advantage Pork, LLC located in DeKalb County, are pollution control
facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2006)).
08-04
Hildebrandt Farms - South Beloit (Property ID No. 01-04-300-008, Log # TC-01-03) v.
IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the
Board found and certified that specified facilities of Hildebrandt Farms, located in Boone County,
are pollution control facilities for the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2006)).
08-05
Dunn’s University BP 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 Coles County facility.
08-06
Future Pork, LLC-Victor (Property ID No. 07-32-100-006 v. IEPA
– Upon receipt of the
Illinois Environmental Protection Agency’s recommendation, the Board found and certified that
specified facilities of Future Pork, LLC located in Dekalb County, are pollution control facilities
for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10
(2006)).
AC 07-069
County of Vermilion, Illinois v. Robert Martin
– The Board accepted an
administrative citation against this Vermilion County respondent.
AC 07-070
IEPA v. Curtis and Sherry Pelhum
– The Board accepted an administrative citation
against these Cass County respondents.
Environmental Register – July 2007
18
AC 07-071
IEPA v. Steve B. and Beth M. Segner
– The Board accepted an administrative citation
against these Williamson County respondents.
AC 07-072
IEPA v. Landfill 33 Ltd., Wendt Family Trust, Richard Deibel, and Brian Hayes
–
The Board accepted an administrative citation against these Effingham County respondents.
July 26, 2007 Board Meeting
08-07
People of the State of Illinois v. Union Pacific Railroad Company – The Board accepted for
hearing this public water supply enforcement action involving a site located in Cook County.
08-08
People of the State of Illinois v. Arona Corporation, d/b/a Aaron’s Sales & Lease
Ownership – The Board accepted for hearing this air enforcement action involving a site located
in Winnebago County.
08-09
Midwest Generation, LLC, Will County Generating Station v. IEPA – The Board accepted
for hearing this permit appeal involving a Will County facility. No action was taken on
petitioner’s motion for stay of specified conditions in the permit.
AC 08-01
IEPA v. Carol G. Prieb
– The Board accepted an administrative citation against this
Union County respondent.
AC 07-02
IEPA v. Charles Stuller
– The Board accepted an administrative citation against this
Macoupin County respondent.
AC 07-03
IEPA v. Swami Oil Company
– The Board accepted an administrative citation against
this Iroquois County respondent.
Provisional Variances
IEPA 08-01 Marathon Pipe Line LLC v. IEPA
– On July 26, 2007, the Illinois Environmental
Protection Agency (IEPA) denied a request by Marathon Pipe Line (MPL) for a provisional
variance to allow the barge loading and shipment of crude oil at Wood River Station located in
Wood River without the required vapor collection and control system designed to control volatile
organic material (VOM) emissions. MPL sought provisional variance from permit conditions 6(b)
and 9(b) pertaining to gasoline or crude oil load out and VOM emissions limitations relative to
barge loading operations respectively, contained within Federally Enforceable State Operating
Permit number 73021451 and 35 Ill. Adm. Code Part 219 Subpart GG (Marine Terminals)
volatility standards. The IEPA denied the request as the source failed to demonstrate that an
arbitrary and unreasonable hardship would result in the event of a denial.
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.
Environmental Register – July 2007
19
Adjusted Standards
LISTINGS OF ADJUSTED STANDARDS AND COMBINED
SEWER OVERFLOW EXCEPTIONS GRANTED BY THE BOARD
DURING FISCAL YEAR 2007
Section 28.1(d)(3) of the Environmental Protection Act (Act) (415 ILCS 5/28.1(d)(3)
(2006)) requires the Board to annually publish in the
Illinois Register
and
Environmental Register
a listing of all determinations made pursuant to Section 28.1 at the end of each fiscal year. This
notice sets forth all adjusted standard and combine sewer overflow exception determinations made
by the Board during the fiscal year 2007 (July 1, 2006, through June 30, 2007).
Final Actions Taken by the Pollution Control Board in Adjusted Standards Proceedings
During Fiscal Year 2007 (July 1, 2006 through June 30, 2007)
Docket/Docket Title
Final Determination
In the Matter of: Petition of Big River Zinc
Corporation for an Adjusted Standard Under 35
Ill. Adm. Code 720.131(c) (AS 06-04),
November 16, 2006
The Board granted the request of the Big River Zinc
Corporation (BRZ) for an adjusted standard from the
Board’s solid waste regulations. The adjusted standard
established that the electric arc furnace dust (EAFD)
that this St. Clair County facility uses as a feedstock
for its new zinc recycling process is not a solid waste,
but is commodity-like as defined in 35 Ill. Adm. Code
720.101(c).
In the Matter of: Petition of BP Products North
America, Inc. for RCRA Waste Delisting Under
35 Ill. Adm. Code 720.122 (AS 07-01), February
15, 2007
The Board denied BP Products North America, Inc.’s
(BP) request for an adjusted standard from the Board’s
hazardous waste regulations. The Board found that the
Madison County facility had failed to adequately
address the proof requirements in 35 Ill. Ad. Code
720.122, that the petition failed to meet the required
level of justification for a multi-year delisting of
constituents of concern, and that BP had not followed
the United States Environmental Protection Agency’s
guidance in completely identifying the constituents of
concern.
In the Matter of: Petition of Cabot Corporation
for an Adjusted Standard from 35 Ill. Adm. Code
Part 738, Subpart B (AS 07-05), May 17, 2007
The Board dismissed the petition for an adjusted
standard from the Board’s underground injection
control regulations filed by the Cabot Corporation
(Cabot). Cabot sought a reissuance of a previously
granted adjusted standard that allowed Cabot to
dispose of leachate, purge water, and other restricted
wastes into three wells. The Board dismissed the
petition because BP failed to timely publish the
newspaper notice required by Section 28.1(d)(1) of the
Act. Cabot refiled its petition on May 29, 2007. That
petition is still pending as AS 07-06.
Final Actions Taken by the Pollution Control Board in Combine Sewer Overflow Exception
Proceedings During Fiscal Year 2007 (July 1, 2006 through June 30, 2007)
The Board took no action in combined sewer overflow exception proceedings during
fiscal year 2007, as none were filed with the Board or pending during fiscal year 2007.
Request copies
, noting the appropriate docket number, to:
Environmental Register – July 2007
20
Name:
John Therriault, Assistant Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone:
312-814-3629
Address
questions
concerning this notice, noting the appropriate docket number, to:
Name:
Erin Conley
Address:
Pollution Control Board
1021 North Grand Avenue East
Springfield, Illinois 62794-9274
Telephone:
217-782-2471
email:
conleye@ipcb.state.il.us
Calendar
8/9/07
11:00 AM
Illinois Pollution Control Board Meeting
Illinois Pollution Control
Board Board Room
IEPA Office Building (North
Entrance)
1021 North Grand Avenue
East
Springfield
8/9/07
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
8/22/07
10:00 AM
PCB 07-
147
L. Keller Oil Properties, Inc./Farina
v. IEPA
Illinois Pollution Control Board
Hearing Room
North Entrance
1021 North Grand Avenue East
Springfield
8/23/07
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 9-040
100 W. Randolph Street
Chicago
8/23/07
9:00 AM
PCB 07-84
American Bottom Conservancy and
Sierra Club v. City of Madison,
Illinois and Waste Management of
Illinois, Inc.
County Board Room 203
Madison County
Administration Building
157 N. Main Street
Edwardsville
Environmental Register – July 2007
21
8/24/07
9:00 AM
PCB 07-84
American Bottom Conservancy and
Sierra Club v. City of Madison,
Illinois and Waste Management of
Illinois, Inc.
County Board Room 203
Madison County
Administration Building
157 N. Main Street
Edwardsville
8/28/07
9:30 AM
AS 07-02
In the Matter of: Proposed
Extension of Adjusted Standard
Applicable to Illinois-American
Water Company’s Alton Public
Water Supply Facility Discharge to
the Mississippi River
Madison County
Administration Building
County Board Roo9m 203
157 N. Main Street
Edwardsville
9/5/07
10:00 AM
R 07-20
In the Matter of: Procedures
Required by PA 94-849 for
Reporting Releases of Radionuclides
at Nuclear Power Plants: New 35
Ill. Adm. Code Part 1010
James R. Thompson Center 2-
025
100 West Randolph Street
Chicago
9/6/07
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
9/18/07
9:00 AM
R07-19
In the Matter of: Section 27
Proposed Rules for Nitrogen Oxide
(NOx) Emissions From Stationary
Reciprocating Internal Combustion
Engines and Turbines: Amendment
to 35 Ill. Adm. Code Parts 211 and
217
(Continues as necessary or until
September 28, 2007)
Training Room 1214 West
IEPA Office Building
1021 N. Grand Ave. (North
Entrance)
Springfield
9/20/07
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 9-040
100 W. Randolph Street
Chicago
10/2/07
1:00 PM
R 07-20
In the Matter of: Procedures
Required by PA 94-849 for
Reporting Releases of Radionuclides
at Nuclear Power Plants: New 35
Ill. Adm. Code Part 1010
Training Room 1214 West
IEPA Office Building
1021 N. Grand Ave. (North
Entrance)
Springfield
10/4/07
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 9-040
100 W. Randolph Street
Chicago
Environmental Register – July 2007
22
10/18/07
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 9-040
100 W. Randolph Street
Chicago
11/1/07
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
11/5/07
9:00 AM
R07-19
In the Matter of: Section 27
Proposed Rules for Nitrogen Oxide
(NOx) Emissions From Stationary
Reciprocating Internal Combustion
Engines and Turbines: Amendment
to 35 Ill. Adm. Code Parts 211 and
217
(Continues as necessary or until
November 9, 2007)
James R. Thompson Center 2-
025
100 West Randolph Street
Chicago
11/13/07
9:00 AM
R07-19
In the Matter of: Section 27
Proposed Rules for Nitrogen Oxide
(NOx) Emissions From Stationary
Reciprocating Internal Combustion
Engines and Turbines: Amendment
to 35 Ill. Adm. Code Parts 211 and
217
(Continues as necessary or until
November 16, 2007)
James R. Thompson Center 11-
512
100 West Randolph Street
Chicago
11/15/07
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 9-040
100 W. Randolph Street
Chicago
Environmental Register – July 2007
23
Illinois Environmental Protection Agency
Division of Public Water Supplies
Restricted Status List - Public Water Supplies
JULY 2007
SYSTEM NAME
EPA
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
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
Environmental Register – July 2007
24
SYSTEM NAME
EPA
RGN
NATURE OF PROBLEM
POP
SERVED
LISTING
DATE
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
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
Environmental Register – July 2007
25
SYSTEM NAME
EPA
RGN
NATURE OF PROBLEM
POP
SERVED
LISTING
DATE
HOLY FAMILY VILLA - IL0310280
2
INADEQUATE PRESSURE
TANK
200
9/15/1999
INGALLS PARK SUBDIVISION - IL1975880
2
INADEQUATE PRESSURE
TANK
745
9/16/1983
KIRK WATER LINE INC - IL0330030
4
INADEQUATE SOURCE
CAPACITY
72
3/15/2002
LAKE LYNWOOD WATER SYSTEM - IL0735330
1
INADEQUATE PRESSURE
TANK
75
8/31/1981
LARCHMONT SUBDIVISION - IL2015290
1
INADEQUATE PRESSURE
TANK
64
6/17/1983
LARSON COURT APARTMENTS - IL1615728
1
INADEQUATE PRESSURE
TANK
58
1/14/1982
LEGEND LAKES WATER ASSOCIATION - IL2015300
1
INADEQUATE PRESSURE
TANK
283
3/14/1991
LIBERTY PARK HOMEOWNERS ASSOCIATION -
IL0435600
2
INADEQUATE PRESSURE
TANK
837
9/17/1992
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
Environmental Register – July 2007
26
SYSTEM NAME
EPA
RGN
NATURE OF PROBLEM
POP
SERVED
LISTING
DATE
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
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
Environmental Register – July 2007
27
SYSTEM NAME
EPA
RGN
NATURE OF PROBLEM
POP
SERVED
LISTING
DATE
SUNNY HILL ESTATES SUBDIVISION - IL0735300
1
INADEQUATE PRESSURE
TANK
525
6/15/2000
SUNNYLAND SUBDIVISION - IL1977730
2
INADEQUATE PRESSURE
TANK
350
9/16/1983
SWEDONA WATER ASSOCIATION - IL1315200
1
INADEQUATE PRESSURE
TANK
157
6/15/1990
SYLVAN LAKE 1ST SUBDIVISION - IL0977100
2
INADEQUATE PRESSURE
TANK
210
6/14/1991
TOWNERS SUBDIVISION - IL0977250
2
INADEQUATE PRESSURE
TANK
210
1/14/1982
UTILITIES INC HOLIDAY HILLS - IL1115350
2
INADEQUATE PRESSURE
TANK
729
9/16/1983
UTL INC-LAKE HOLIDAY - IL0995200
1
INAD SOURCE &
TREATMENT PLT
5460
9/15/1998
UTL INC-NORTHERN HILLS UTLITIES COMPANY -
IL1775050
1
INADEQUATE PRESSURE
TANK
500
3/15/1996
UTL INC-WALK-UP WOODS WATER COMPANY -
IL1115800
2
INADEQUATE PRESSURE
TANK
654
12/17/198
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
Environmental Register – July 2007
28
Illinois Environmental Protection Agency
Division of Public Water Supplies
Critical Review List - Public Water Supplies
JULY 2007
SYSTEM NAME
EPA RGN
NATURE OF
PROBLEM
POP SERVED
LISTING DATE
ANDALUSIA -
IL1610050
1
INADEQUATE
PRESSURE TANK
1050
12/1/2003
ARENZVILLE -
IL0170050
5
INADEQUATE
PRESSURE TANK
408
3/14/2001
BEASON CHESTNUT
PWD - IL1075150
5
INAD PLANT &
SOURCE CAP
600
6/15/2004
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
HAMEL - IL1190450
6
INADEQUATE
STORAGE CAPACITY
650
1/1/2006
Environmental Register – July 2007
29
SYSTEM NAME
EPA RGN
NATURE OF
PROBLEM
POP SERVED
LISTING DATE
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
0/1/2006
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
ROBINSON-
PALESTINE WATER
COMMISSION –
IL0335030
4
INADEQUATE PLANT
CAPACITY
11317
1/1/2007
SCALES MOUND -
IL0850400
1
LOW SYSTEM
PRESSURE
400
9/15/1997
Environmental Register – July 2007
30
SYSTEM NAME
EPA RGN
NATURE OF
PROBLEM
POP SERVED
LISTING DATE
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
Environmental Register – July 2007
31
Restricted Status/Critical Review
The Environmental Protection Act prohibits the Agency from issuing a construction permit that will cause or extend a violation. A construction
permit to expand the distribution system cannot be granted when a water supply has a maximum contaminant level or treatment technique
violation, an inadequate source of raw water supply, inadequate treatment plant capacity, finished water storage or distribution system
pressure. A Restricted Status List is published quarterly in the Illinois Pollution Control Board Environmental Register to notify those persons
considering expansion of a water supply distribution system of that status before large sums of money have been spent on items such as land
acquisition, financing and engineering fees. A companion Critical Review List is published concurrently with the Restricted Status List and has
the water supplies that are approaching a point where the supply could be placed on Restricted Status. A permit application from a supply on
Critical Review will be examined carefully to ensure that the proposed construction will not cause a violation. Restricted Status and Critical
Review are presented as a combined list with the status of the water supply denoted as either RS (Restricted Status) or CR (Critical Review).
The current list reflects the status as of January 1, 2006. An asterisk, * , beside the water supply indicates public water supplies that have been
added to the Restricted Status/Critical Review list since the previous publication.
Restricted Status List
The Restricted Status List was developed to give additional notification to officials of public water supplies which are in violation of 35 Ill.
Adm. Code, Subtitle F: Public Water Supplies, Chapter I or the Illinois Environmental Protection Act.
The Restricted Status List will include all Public Water Supplies for which the Agency has information indicating a violation of any of the
following requirements: Finished water quality requirements of 35 Ill. Adm. Code, Part 604, Subparts B and C; maintenance of adequate
pressure on all parts of the distribution system under all conditions of demand; meeting raw water quantity requirements of 35 Ill. Adm. Code
604.502; or maintenance of treatment facilities capable of providing water "assuredly adequate in quantity" as required by Section 18 of the
Illinois Environmental Protection Act.
A public water supply on the Restricted Status List will not be issued permits for water main extensions, except for certain limited situations,
or unless the supply has been granted a variance from the Illinois Pollution Control Board for the violation, or from permit issuance
requirements of Section 39 of the Act.
This list is continually being revised as new information becomes available, and therefore, specific inquiries as to the status of any public water
supply should be directed to the Division of Public Water Supplies for final determination.
Critical Review List
The Critical Review List was developed to give additional notification to officials of public water supplies which may be close to being in
violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies, Chapter I or the Illinois Environmental Protection Act.
A supply will be placed on the Critical Review List when Agency records indicate that it is approaching any of the violations that would place
it on the Restricted Status List.
This list is continually being revised as new information becomes available, and therefore, specific inquiries as to the status of any public water
supply should be directed to the Division of Public Water Supplies for final determination.
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Environmental Register Comment Card
The Illinois Pollution Control Board is an independent five-member board
that adopts environmental control standards, rules on enforcement actions,
and other environmental disputes for the State of Illinois.
The
Environmental Register
is published monthly by the Board, and
contains
updates on rulemakings, descriptions of final decisions, the Board’s hearing
calendar, and other environmental law information.
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Illinois Pollution Control Board
Environmental Register Coordinator
1021 N. Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
