1. Letter from the Chairman
  2. Inside This Issue:
  3. Rule Update
  4. Appellate Update
  5. Board Actions
  6. New Cases
  7. Adjusted Standards
  8. Calendar
      1. Illinois Environmental Protection Agency
      2. JULY 2008
      3. Illinois Environmental Protection Agency
      4. Division of Public Water Supplies Critical Review List - Public Water Supplies
      5. JULY 2008
    1. WATER SYSTEMS REMOVED FROM PREVIOUS LIST
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
During July, the Board took action on various dockets. One of the more significant
cases (PCB 08-93) involved landfill permitting, which is usually decided by well-
settled case law. In this instance some novel issues were raised. I will also review
activity in our identical-in-substance rulemaking dockets, which are necessary to
keep our environmental rules up to date with federal amendments. As always,
information about all of the Board’s proceedings during July is available on our
website (www.ipcb.state.il.us
) through the Clerk’s Office Online (COOL).
On July 10, 2008, the Board dismissed the case entitled, People of Williamson
County
ex rel.
State’s Attorney Charles Garnati and Williamson County Board v.
Kibler Development Corporation, Marion Ridge Landfill, Inc., and Illinois
Environmental Protection Agency, PCB 08-93. Williamson County first filed a
petition for review to appeal a permit modification for an existing municipal waste
and non-hazardous special waste landfill on May 29, 2008. The Illinois
Environmental Protection Agency (IEPA) had issued the permit modification to the
landfill’s owner, Kibler Development Corporation (Kibler), and operator, Marion Ridge Landfill, Inc. (Landfill).
On June 23, 2008, the IEPA filed a limited appearance and a motion challenging the Board’s jurisdiction. The
motion asserted that the Board’s authority to hear third-party permit appeals is limited to circumstances in which the
legislature specifically authorizes such appeals. On June 25, 2008, Kibler and the Landfill filed a joint motion to
strike and dismiss the petition, similarly alleging that petitioners lacked standing to bring the matter and that the
Board lacked jurisdiction. Responding to the motions, Williamson County contended that they participated in the
process of issuing the permit and had standing to bring the appeal.
The Board found that Williamson County lacked standing and that the Board therefore had no jurisdiction under
Section 40 of the Environmental Protection Act (Act), 415 ILCS 5/40 (2006). The Board therefore granted the
respondents’ motions to dismiss. The Board noted that dismissal of the permit appeal in no way precludes or
otherwise affects the State’s Attorney’s ability to proceed with any other action authorized by the Act.
Under the Board’s rulemaking authority, we reserved seven identical-in-substance dockets on July 10, 2008, for
updating rules that may be adopted by the USEPA in seven specified programs. Under Section 7.2 of the Act, the
legislature obligates the Board to adopt “identical-in-substance” rules in response to federal rules implementing (1)
exemptions to the definition of volatile organic material (VOM) under the Clean Air Act (415 ILCS 5/9.1(e)
(2006)); (2) hazardous waste, municipal solid waste landfill, and limited aspects of underground storage tank rules
under Subtitles C, D, and I of the Resource Conservation and Recovery Act (415 ILCS 5/22.4(a) and (d) and 22.40
(2006)); (3) Underground Injection Control and National Primary Drinking Water Standards under the Safe
Drinking Water Act (415 ILCS 5/13(c) and 17.5(2006)); and (4) wastewater pretreatment standards under the
Federal Water Pollution Control Act (415 ILCS 5/ 13.3 (2006)). If the United States Environmental Protection
Agency (USEPA) adopts rules or amends existing rules in these programs, the Board is required to adopt rules
“identical-in-substance” to the corresponding federal regulations.
Each of the reserved dockets cover USEPA activity in the first half of calendar year 2008. After verifying whether
it becomes necessary to amend any Illinois rules, the Board will either prepare a rulemaking proposal reflecting
USEPA action or will dismiss the reserved docket as unnecessary. Progress in these dockets can be followed at
www.ipcb.state.il.us.
Sincerely,
Dr. G. Tanner Girard
Environmental Register – July 2008
1

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Inside This Issue:
RULE UPDATE
P. 1
A
PPELLATE UPDATE
P. 2
B
OARD ACTIONS
P. 4
N
EW CASES
P. 7
A
DJUSTED STANDARDS
P. 8
B
OARD CALENDAR
P. 11
R
ESTRICTED STATUS/CRITICAL REVIEW
P. 13

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Rule Update
Board Grants Motion for a Hearing Following First Notice in In the Matter of: Proposed Amendments to
the Board’s Special Waste Regulations Concerning Used Oil, 35 Ill. Adm. Code 808, 809, R06-20 (July 10,
2008)
After conducting two public hearings, the Illinois Pollution Control Board issued its first notice opinion and order in
In the Matter of: Proposed Amendments to the Board’s Special Waste Regulations Concerning Used Oil, 35 Ill.
Adm. Code 808, 809, R06-20 (May 1, 2008).
See Environmental Register
No. 648 at 2-3 (June 2008). The first
notice proposal was published at 32
Illinois Register
8085-8102 (May 30, 2008). On July 10, 2008, the Board
granted the motion of the proponent NORA (An Association of Responsible Recyclers) for an additional hearing
preceded by a pre-hearing conference.
In its first-notice opinion and order on May 1, 2008, the Board stated that it sought comment on whether to amend
Part 739 so that those regulations would require in a single tracking document information satisfying the various
informational requirements that may apply to shipments of used oil. In the event that any participant wished to
amend Part 739 in that manner, the Board also sought comment in the form of regulatory language that might be
proposed to effect such an amendment.
On June 4, 2008, NORA requested an additional hearing. See the Illinois Administrative Procedure Act, 5 ILCS
100/5-40 (2006) The Board shall hold a public hearing if the Board receives a request to do so within 14 days after
Illinois Register
publication of first notice of the proposed rule from,
inter alia
, an association representing at least
100 interested persons;
see also
415 ILCS 5/27, 28 (2006). NORA states that it “is a trade association comprised of
more than 200 companies providing used oil collection and recycling services.” NORA further states that a hearing
would enable NORA to respond to the Board’s specific requests for comment by participants on whether to amend
Part 739 and the Board’s request for comment in the form of regulatory language that might be proposed. The
Board granted the motion, having received no responses in opposition.
A July 17, 2008 hearing officer order set a July 28, 2008 pre-hearing conference for discussion of potential hearing
dates.
Copies of the Board’s opinion and order, as well as hearing officer orders, in R06-20 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 more information contact Tim Fox at (312)-814-6085 or email at foxt@ipcb.state.il.us.
Board Denies Motion to Stay Proceedings in In the Matter of: Water Quality Standards and Effluent
Limitations for the Chicago Area Water Way System and Lower Des Plaines River Proposed Amendments to
35 Ill. Adm. Code 301, 302, 303, and 304,R08-9 (July 21, 2008)
On July 21, 2008, the Board denied the Metropolitan Water Reclamation District of Greater Chicago’s (District)
motion to stay the proceedings in this rulemaking. In the Matter of: Water Quality Standards and Effluent
Limitations for the Chicago Area Water Way System and Lower Des Plaines River Proposed Amendments to 35 Ill.
Adm. Code 301, 302, 303, and 304, R08-9 (July 21, 1008). The proposal seeks to amend the Board’s rules for
Secondary Contact and Indigenous Aquatic Life Uses to update the designated uses and criteria necessary to protect
existing uses of the waterbodies that were a part of the engineering effort that reversed the flow of the Chicago
Environmental Register – July 2008
2
River and the Lower Des Plaines River. This proposal was discussed in detail in
Environmental Register
No. 641 at
2 (November 2008).
In making its ruling, the Board considered and discussed the seven responses received to the District’s June 12,
2008 motion. Three of the responses supported the District’s motion, while four opposed the motion.
The District argued that the hearings have shown that the proposal has major problems scientifically, legally and
from a policy perspective. Because of these problems the District asked the Board to stay the proceedings until
additional studies are completed and the results can be considered.
In denying the motion, the Board noted that there have already been 11 days of hearing beginning in January 2008,
including one evening hearing between the April hearings and the hearings scheduled for September. The Board
was not convinced that an additional delay is warranted at this time. The hearing process and information gathering
by the Board will continue at least until the Board has heard testimony from all participants who wish to testify on
all aspects of the Illinois Environmental Protection Agency’s (IEPA) October 26, 2007 proposal. Additional
testimony will provide a more complete record and enable the Board to make the best possible decisions regarding
the IEPA’s proposed rules. The Board found that this process is proceeding in an appropriate manner and a stay is
not necessary at this time.
The next hearing in this matter is scheduled to begin September 8, 2008. Pre-filing requirements and procedures are
discussed in the May 19, 2008 hearing officer order.
Copies of the Board’s opinion and orders, as well as hearing officer orders, in R08-9 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 more information contact Marie Tipsord at (312)-814-4925 or email at tipsorm@ipcb.state.il.us.

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Appellate Update
Fifth District Vacates Board Order Overruling IEPA Denial of Public Hearing in NPDES Permit Appeal and
Remands Permit for Further Board Proceedings in U. S. Steel Corp. v. Illinois Environmental Protection
Agency and Illinois Pollution Control Board, No. 5-07-0295 (Fifth Dist. July 22, 2008) (vacating and
remanding Board order reversing grant of permit in American Bottom Conservancy v. Illinois
Environmental Protection Agency and United States Steel Corporation - Granite City Works
, PCB 06-171
(July 22, 2006))
The Fifth District Appellate Court vacated and remanded the Board’s order in a permit appeal. U. S. Steel Corp. v.
Illinois Environmental Protection Agency and Illinois Pollution Control Board, No. 5-07-0295 (Fifth Dist. July 22,
2008) (U. S. Steel (Fifth Dist.)). In its order, the Board found that the Illinois Environmental Protection Agency
(IEPA or Agency) inappropriately denied, under 35 Ill. Adm. Code 309.115(a), a public hearing request by the
American Bottom Conservancy (ABC). The Board accordingly found that the IEPA improperly granted a permit
under the National Pollutant Discharge Elimination System (NPDES) to the United States Steel Corporation (U.S.
Steel) for its Granite City Works, and the Board invalidated the permit. American Bottom Conservancy v. Illinois
Environmental Protection Agency and United States Steel Corporation - Granite City Works, PCB 06-171 (July 22,
2006) (U. S. Steel, PCB 06-171).
The sole issue on appeal was whether the Board had applied the correct standard of review to the IEPA’s hearing
denial. The Fifth District Appellate Court determined that the Board should have applied an “abuse of discretion
standard.” U. S. Steel (Fifth Dist.), slip op. at 9. Since the Board did not, the court vacated the Board’s order and
remanded the action to the Board for further proceedings not inconsistent with this [court’s]opinion.” Id. As is the
Board’s custom, upon completion of any additional court proceedings, the Board will acknowledge receipt of the
Court’s mandate by order. That order will direct what future course the proceeding will take before the Board.
Additional discussion of the court’s opinion follows discussion of the Board’s action below.
The Board’s Decision in U. S. Steel
, PCB 06-171.
On May 8, 2006, ABC timely filed a petition contesting issuance of an NPDES permit issued pursuant to Section
40(e) of the Illinois Environmental Protection Act (Act) (415 ILCS 5/40(e)(2006)). U. S. Steel, PCB 06-171, slip
op. at 1. The permit was issued by the IEPA on March 31, 2006, to U.S. Steel for its steelmaking facility at 20th
and State Streets, in Granite City, Madison County. The NPDES permit governs U.S. Steel’s discharges of some 25
million gallons per day of wastewater from its Granite City Works’ facility into Horseshoe Lake.
Environmental Register – July 2008
3
In a December 19, 2004 notice of the proposed NPDES permit, the IEPA stated that the public notice period started
on December 19, 2004 and ended on January 18, 2005. On January 17, 2005, Kathleen Logan Smith submitted a
comment to the IEPA on behalf of the Health & Environmental Justice (HEJ) that requested a public hearing.
On January 18, 2005, American Bottom filed a comment (jointly submitted by four other organizations, including
the Sierra Club, Webster Groves Nature Study Society, HEJ, and the Neighborhood Law Office) that Horseshoe
Lake is impaired and has a negative impact on the community that utilizes the lake for recreation and as a food
source. The comment stated that the named organizations request that the IEPA hold a public hearing for the above-
entitled permit; that the receiving waters for this permit is Horseshoe Lake at Horseshoe Lake State Park in Madison
County; and that the lake is used recreationally by outdoor enthusiasts, bird watchers, nature lovers, fishers, hunters
and families, as well as low-income and minority folks for subsistence fishing. Finally, the letter asked the IEPA to
hold a public hearing in order to allow citizens to ask questions and present information and testimony.” U. S.
Steel, PCB 06-171, slip op. at 3.
The ABC comment also raised the following issues: (1) that allowing U.S. Steel to put additional lead and ammonia
into the lake would be contrary to the federal Clean Water Act and the IEPA’s Bureau of Water’s mission; (2) that
U.S. Steel should be added to a list of potential contributors to the impairment of the lake; (3) that U.S. Steel had
violated ammonia and “other” limits in the past; (4) that the IEPA should hold a public hearing; and (5) that the
public comment period should be extended 30 days if the IEPA denied the request for a public hearing. U. S. Steel
,
PCB 06-171, slip op. at 3-4.
The IEPA did not hold a public hearing. On March 8, 2006, the IEPA issued an NPDES permit to U.S. Steel. The
IEPA reissued the NPDES permit on March 31, 2006, after responding to the American Bottom comments filed
after the comment period. U. S. Steel
, PCB 06-171, slip op. at 4.
In its appeal to the Board, ABC argued that the IEPA’s failure to hold a public hearing violated the Board’s rule for
NPDES permit issuance at 35 Ill. Adm. Code 309.115(a). The rule provides, in pertinent part, that:
The Agency shall hold a public hearing on the issuance or denial of an NPDES permit or group of permits
whenever the Agency determines that there exists a significant degree of public interest in the proposed
permit or group of permits (
instances of doubt shall be resolved in favor of holding the hearing
), to warrant
the holding of such a hearing.
Any person, including the applicant, may submit to the Agency a request for a public hearing or a request
to be a party at such a hearing to consider the proposed permit or group of permits. Any such request for
public hearing shall be filed within the 30-day public comment period and shall indicate the interest of the
party filing such a request and the reasons why a hearing is warranted. 35 Ill. Adm. Code 309.115(a)(1),
(2) (2006) (emphasis added).
In reaching its decision on the merits of ABC’s appeal, the Board declined to apply the “abuse of discretion”
standard to the IEPA’s decision on the hearing issue:
In reviewing the Agency’s decision not to hold a public hearing, the Board applies the standard applicable
to all reviews of an Agency’s permit decision - whether or not the issuance of the permit violates the Act or
Board regulations. Thus, the Board does not apply an “abuse of discretion” standard as advocated by U.S.
Steel. The regulation at issue is Section 309.115(a), which requires the Agency to hold a public hearing if
the Agency determines that there is significant public interest. U. S. Steel
, PCB 06-171, slip op. at 13.
The Board concluded that the two public comments filed in this case evidence a significant degree of public interest
in the proposed permit. The Board remarked that American Bottom has a membership of approximately 100
people, Sierra Club has approximately 26,000 members in Illinois and 650 members in the area around Horseshoe
Lake, Webster Groves Nature Study Society has over 400 members, and HEJ has approximately 500 members. U.
S. Steel, PCB 06-171, slip op. at 13.
Finally, the Board noted that Section 309.115(a) expressly provides that “instances of doubt shall be resolved in
favor of holding the hearing.”
See
35 Ill. Adm. Code 309.115(a). The Board found that
This caveat coupled with the strong showing of public interest in the draft permit, renders the Agency’s
decision in violation of Section 309.115(a). Thus, the permit as issued violates Section 309.115(a) of the
Board’s regulations. U. S. Steel
, PCB 06-171, slip op. at 14.
The Appellate Court’s Ruling in U. S. Steel (Fifth Dist.)
Environmental Register – July 2008
4
After reviewing the facts in the case, the Fifth District then set out the standards by which appellate courts review
rulings of lower tribunals such as the Board. U. S. Steel
(Fifth Dist.), slip op at 1-5. Finding that the correct
interpretation of 35 Ill. Adm. Code 309.115(a) is a question of law, the court concluded that its review of the
Board’s decision would be de novo, citing Elementary School District 159 v. Schiller
, 221 Ill. 2d 130, 144 (2006).
Id. at 5. In so ruling, the court was unpersuaded by the Board’s argument that the manifest-weight of the evidence
standard of review should apply. Id. at 6.
The court found that the
unambiguous and plain language of section 309.115(a) vests discretion in the Agency to hold a public
hearing whenever it determines that there exists a significant degree of public interest in the proposed
permit. The regulation does not state that the Agency must hold a hearing whenever there is a significant
degree of public interest. It states that the Agency must hold a public hearing whenever it determines that
there exists a significant degree of public interest in a proposed permit. U. S. Steel
(Fifth Dist.), slip op at
6-7 (emphasis in original).
The court noted that the appellate court had previously recognized that the IEPA’s decision to hold a hearing under
section 309.115 is a discretionary one under Borg-Warner Corp. v. Mauzy
, 100 Ill. App. 3d 862, 867 (1981), and
that the Board itself had referred to the discretionary nature of the IEPA decision in Marathon Oil Co. v. IEPA
, PCB
92-166 (Mar. 31, 1994). Under these circumstances, the court found that the Board improperly reviewed the
IEPA’s hearing decision using a de novo standard, since “the Agency’s [hearing determination is discretionary and
relates to a procedural issue.” U. S. Steel
(Fifth Dist.), slip op at 8.
In its concluding summary, the Fifth District found that the Board “erred as a matter of law in applying the incorrect
standard of review to the IEPA’s decision not to hold a public hearing” under the Board’s rule at 35 Ill. Adm. Code
309.115. U. S. Steel
(Fifth Dist.), slip op. at 9. The court directed that, on remand for further proceedings not
inconsistent with the opinion,
the Board must use an abuse of discretion standard. It must review the Agency’s decision not to hold a public
hearing to determine whether the agency (sic) made an arbitrary decision, without using conscientious judgment, or
if, in view of all the circumstances, the Agency overstepped the bounds of reason, ignored the law, and thereby
caused substantial prejudice. In re Marriage of Munger
, 339 Ill. App. 3d 1104, 1107 (2003). Only if the Agency
abused its discretion would the permit as issued violate the Act or regulations.
Id
.
As previously stated, upon receipt of the mandate from the Fifth District Appellate Court, the Board will issue an
order outlining the further course of proceedings in this case.

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Board Actions
July 10, 2008
Via Videoconference
Springfield and Chicago, Illinois
Rulemakings
R06-20
In the Matter of: Proposed Amendments to the Board’s Special Waste
Regulations Concerning Used Oil, 35 Ill. Adm. Code 808,809 – The
Board granted NORA, An Association of Responsible Recyclers’
motion for an additional hearing following first notice.
Land
4-0
Administrative Citations
AC 07-24
AC 08-19
IEPA v. C. John Blickhan
– The Board granted complainant’s motion to
consolidate AC 07-24 with AC 08-19.
4-0
Environmental Register – July 2008
5
Adjudicatory Cases
PCB 07-32
People of the State of Illinois v. Lake Arlann Drainage District, Cochran &
Wilken, Inc., and Southwind Construction Corp.– In this water enforcement
action involving a Tazewell County facility, upon receipt of a proposed
stipulation and settlement agreement and agreed motions to request relief
from the hearing requirement on behalf of respondent Southwind
Construction Corp, the Board ordered publication of the required newspaper
notice. Also in a separate opinion and order, 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)), and accepted two stipulation and
settlement agreements on behalf of Lake Arlann Drainage District and
Cochran & Wilken, ordering the respondents to pay a total civil penalty of
$35,000.00, and to cease and desist from further violations.
4-0
W-E
PCB 07-96
Kyle Nash v. Karen Sokolowski
– The Board found that the amended
complaint is neither duplicative nor frivolous and accepts the amended
complaint for hearing.
4-0
Citizens
N-E
PCB 07-97
Kyle Nash v. Louis Jimenez
– The Board found that the amended complaint
is neither duplicative nor frivolous and accepts the amended complaint for
hearing.
4-0
Citizens
N-E
PCB 08-36
Dave McGhee v. IEPA
– The Board granted this Douglas County facility’s
motion for voluntary dismissal of this underground storage tank appeal.
4-0
UST Appeal
PCB 08-59
John Blickhan v. IEPA
– The Board accepted for hearing this permit appeal
involving an Adams County facility.
4-0
P-A, Land
PCB 08-76
Anne McDonagh and Davd Fishbaum v. Richard Michelon and Amy
Michelon – The Board found that the alleged violation is neither duplicative
nor frivolous, accepts the complaint for hearing.
4-0
Citizens
N-E
PCB 08-93
People of Williamson County ex rel State’s Attorney Charles Garnati and
the Williamson County Board v. Kibler Development Corporation, Marion
Ridge Landfill, Inc., and Illinois Environmental Protection Agency – The
Board granted the respondents’motion to dismiss for lack of jurisdiction,
denied as moot Illinois Environmental Protection Agency's motion to stay
and extend discovery, canceling the hearing scheduled for July 28, 2008.
4-0
P-A, Land
Third Party
PCB 08-94
People of the State of Illinois v. CFC International, Inc.,
– In this air
enforcement action concerning a Cook County facility, the Board granted
relief from the hearing requirement of Section 31(c)(1) of the Environmental
Protection Act (415 ILCS 5/31(c)(1) (2006)), and accepted a stipulation and
settlement agreement, ordering the respondent to pay a total civil penalty of
$60,000, and to cease and desist from further violations.
4-0
A-E
PCB 08-99
Knapp Oil Company, Inc. 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 Perry County facility.
4-0
UST Appeal,
90 Day Ext.
PCB 08-100
People of the State of Illinois v. City of Geneva
– 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
4-0
W-E
Environmental Register – July 2008
6
involving a Kane County facility, the Board ordered publication of the
required newspaper notice.
PCB 08-101
Waste Management of Illinois, Inc. v. IEPA
– The Board granted this
request for a 30-day extension of time to file an underground storage tank
appeal on behalf of this Madison County facility.
4-0
P-A, Land,
90 Day Ext.
PCB 08-102
People of the State of Illinois v. City of Coffeen
– The Board accepted for
hearing this water enforcement action involving a site located in
Montgomery County.
4-0
W-E
PCB 08-103
KCBX Terminals Company v. IEPA
– The Board accepted for hearing this
permit appeal involving a Cook County facility. No action was taken on
petitioner’s motion for partial stay of specified conditions in the construction
permit.
4-0
P-A, Air
PCB 09-1
Archer Daniels Midland Company, Quincy v. IEPA
– The Board granted
this request for a 60-day extension of time to file an underground storage
tank appeal on behalf of this Adams County facility.
4-0
P-A, Water
90 Day Ext.
PCB 09-2
People of the State of Illinois v. Centerpoint Properties Trust, a real estate
investment trust, and FCL Investors, Inc., an Illinois corporation formerly
known as FCL Builders, Inc. – The Board accepted for hearing this water
enforcement action involving a site located in Lake County.
4-0
W-E
July 21, 2008
Chicago, Illinois
Rulemakings
R08-9
In The Matter of: Water Quality Standards and Effluent Limitations for
the Chicago Area Waterway System and the Lower Des Plaines River:
Proposed Amendments to 35 Ill. Adm. Code 301, 302, 303 and 304 –
The Board denied the Metropolitan Water Reclamation District of
Greater Chicago’s motion to stay the proceedings.
Water
4-0
Administrative Citations
AC 08-29
IEPA v. Keister's, Inc.
– The Board accepted respondent’s amended petition
for review of administrative citation.
4-0
AC 08-33
County of Vermillion, Illinois v. Rex Greene
– The Board found that this
Vermillion County respondent violated Sections 21(p)(1) and (3) of the Act
(415 ILCS 5/21(p)(1), (3) (2006)), and ordered respondent to pay a civil
penalty of $3,000.
4-0
Adjudicatory Cases
PCB 06-116
People of the State of Illinois v. William Warren and Halleck Warren, d/b/a
Hickory Shores Resort, and Hickory Shores Recreations, LTD – Upon
receipt of a proposed stipulation and settlement agreements and agreed
4-0
W-E
Environmental Register – July 2008
7
motions to request relief from the hearing requirement in this water
enforcement action involving a Clinton County facility, the Board ordered
publication of the required newspaper notice.
PCB 08-61
Ameren Energy Generating Company v. IEPA
–
Having previously granted
a request for a 90-day extension, the Board dismissed this matter because no
permit appeal was filed on behalf of this facility located in Morgan County.
4-0
P-A, Land
PCB 08-86
City of Quincy v. IEPA
– The Board accepted for hearing this permit appeal
involving an Adams County facility.
4-0
P-A, Land
PCB 08-91
People of the State of Illinois v. Surface Manufacturing Company
– Upon
receipt of a proposed stipulation and settlement agreements and agreed
motions to request relief from the hearing requirement in this water
enforcement action involving a Boone County facility, the Board ordered
publication of the required newspaper notice.
4-0
W-E
PCB 08-98
People of the State of Illinois v. Farmers & Traders Bancshares, Inc., an
Illinois corporation, and Pedriana Gustafson, Inc., – Upon receipt of a
proposed stipulation and settlement agreements and agreed motions to
request relief from the hearing requirement in this water enforcement action
involving a DeKalb County facility, the Board ordered publication of the
required newspaper notice.
4-0
W-E
PCB 08-103
KCBX Terminals Company v. IEPA
– The Board granted petitioner’s
motion for a partial stay of the construction permit.
4-0
P-A, Air
PCB 09-3
People of the State of Illinois v. Praedium Development Corporation and
Plaza Excavating, Inc.– The Board accepted for hearing this water
enforcement action involving a site located in Lake County.
4-0
W-E
PCB 09-4
Woodword & Sons, Inc. v. IEPA
– The Board accepted for hearing this
underground storage tank appeal involving a Champaign County facility.
4-0
UST Appeal
PCB 09-5
People of the State of Illinois v. Alden Bennett Construction Company, Inc.
and Bloomingdale Horizon I Limited Partnership – The Board accepted for
hearing this water enforcement action involving a site located in DuPage
County.
4-0
W-E

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New Cases
July 10, 2008 Board Meeting
08-99
Knapp Oil Company, Inc. 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 Perry County facility.
08-100
People of the State of Illinois v. City of Geneva
– 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 Kane County facility, the Board ordered publication of the required newspaper notice.
08-101
Waste Management of Illinois, Inc. v. IEPA
– The Board granted this request for a 30-day extension of time
to file an underground storage tank appeal on behalf of this Madison County facility.
08-102
People of the State of Illinois v. City of Coffeen
– The Board accepted for hearing this water enforcement
action involving a site located in Montgomery County.
Environmental Register – July 2008
8
8-103
KCBX Terminals Company v. IEPA
– The Board accepted for hearing this permit appeal involving a Cook
County facility. No action was taken on petitioner’s motion for partial stay of specified conditions in the
construction permit.
09-1
Archer Daniels Midland Company, Quincy v. IEPA
– The Board granted this request for a 60-day extension of
time to file an underground storage tank appeal on behalf of this Adams County facility.
09-2
People of the State of Illinois v. Centerpoint Properties Trust, a real estate investment trust, and FCL Investors,
Inc., an Illinois corporation formerly known as FCL Builders, Inc. – The Board accepted for hearing this water
enforcement action involving a site located in Lake County.
AC 08-34
IEPA v. Joseph Combs – The Board accepted an administrative citation against this Greene County
respondent.
AC 08-35
IEPA v. George R. Ford
– The Board accepted an administrative citation against this Fulton County
respondent.
AC 08-36
IEPA v. Charles F. Kinsel
– The Board accepted an administrative citation against this Fulton County
respondent.
AC 08-37
IEPA v. Nancy Koltzenburg d/b/a K & N Excavating and Rentals
– The Board accepted an
administrative citation against this Hancock County respondent.
AC 08-38
County of Vermilion, Illinois v. Illinois Landfill, Inc.
– The Board accepted an administrative citation
against this Vermilion County respondent.
AC 09-1
County of Vermilion, Illinois v. Connie Yount – The Board accepted an administrative citation against this
Vermilion County respondent.
R09-1
UIC Update, USEPA Amendments (January 1, 2008 through June 30, 2008)
– 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.
R09-2
RCRA Subtitle D (Municipal Solid Waste Landfill) Update, USEPA Amendments (January 1, 2008 through
June 30, 2008) – 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.
R09-3
RCRA Subtitle C (Hazardous Waste) Update, USEPA Amendments (January 1, 2008 through June 30,
2008) – 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.
R09-4
UST Update, USEPA Amendments (January 1, 2008 through June 30, 2008)
– 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.
R09-5
Wastewater Pretreatment Update, USEPA Amendments (January 1, 2008 through June 30, 2008)
– 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.
R09-6
Definition of VOM Update, USEPA Amendments (January 1, 2008 through June 30, 2008)
– 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.
R09-7
SDWA Update, USEPA Amendments (January 1, 2008 through June 30, 2008)
– 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.
July 21, 2008 Board Meeting
09-1
People of the State of Illinois v. Praedium Development Corporation and Plaza Excavating, Inc.– The Board
accepted for hearing this water enforcement action involving a site located in Lake County.
09-2
Woodword & Sons, Inc. v. IEPA
– The Board accepted for hearing this underground storage tank appeal
involving an Champaign County facility.
Environmental Register – July 2008
9
09-3
People of the State of Illinois v. Alden Bennett Construction Company, Inc. and Bloomingdale Horizon I
Limited Partnership – The Board accepted for hearing this water enforcement action involving a site located in
DuPage County.
AC 09-2
IEPA v. Theodore & Elizabeth Hollenbeak and Hollenbeak Concrete, Inc.
– The Board accepted an
administrative citation against these Brown County respondents.
AC 09-3
IEPA v. Frank H. and Mary Lou Record and Frank Record d/b/a Quality Disposal
– The Board accepted
an administrative citation against these Fulton County respondents.
AC 09-4
County of Jackson v. Lester Johnson and Arthur Cross – The Board accepted an administrative citation
against these Jackson County respondents.

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Adjusted Standards
LISTINGS OF ADJUSTED STANDARDS AND COMBINED SEWER OVERFLOW
EXCEPTIONS GRANTED BY THE BOARD DURING FISCAL YEAR 2008
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 2008 (July 1, 2007, through June
30, 2008).
Final Actions Taken by the Pollution Control Board in Adjusted Standards Proceedings During Fiscal Year
2008 (July 1, 2007 through June 30, 2008)
Docket/Docket Title
Final Determination
In the Matter of: Petition of the Illinois
Department of Transportation, District 8, for an
Adjusted Standard from 35 Ill. Adm. Code
302.208(g) (NPDES Permit No. ILD007095) AS
07-07, (July 26, 2007)
The Board dismissed this petition after the Illinois
Department of Transportation (IDOT) filed a motion to
withdraw. IDOT’s petition concerned discharge from
its East St. Louis District 8 Bowman Avenue Pump
Station and Missouri Avenue Pumping System. IDOT
refiled this petition as AS 08-1. That docket has been
stayed pending adoption of the Board’s triennial
review of sulfate and total dissolved solids water
quality standards (R07-9). Those rules are currently in
the second-notice period.
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 Under 35 Ill.
Adm. Code 304.124 and 304.106 AS 07-02,
(October 18, 2007)
The Board granted a new adjusted standard to Illinois-
American Water Company (IAWC) to replace the
expiring one granted in 2000 for the public water
supply treatment facility in Alton, Madison County.
After a public hearing on August 28, 2007, the Board
found that IAWC’s sediment reduction program,
known as the Piasa Creek Watershed Project, had
fulfilled expectations. The project, as administered by
the Great Rivers Land Trust, has won various awards,
as well as national recognition and community
support. The Board further found that IAWC satisfied
all conditions of the original adjusted standard, and
justified the grant of a permanent one.
In the Matter of: Petition of Johns Manville for
an Adjusted Standard from 35 Ill. Adm. Code
811.310, 811.311, 811.318, 811.320, and 814 AS
04-04, (December 6, 2007)
The Board granted an adjusted standard to Johns
Manville (JM) for relief from the landfill closure
requirements pertaining to landfill gas monitoring and
management, and groundwater monitoring for its
landfill located in Waukegan, Illinois. The Board
Environmental Register – July 2008
10
found that JM demonstrated that factors relating to JM
are substantially and significantly different from the
factors considered by the Board in adopting the rules
of general applicability. Further, the Board found that
granting the adjusted standard would not result in
environmental or health effects significantly more
adverse than the effects considered by the Board in
adopting the rule of general applicability.
In the Matter of: Petition of the City of Chicago
Heights for an Adjusted Standard from 35 Ill.
Adm. Code 810.103, 814.102, and 814.501(c) AS
08-04, (December 20, 2007)
The Board dismissed this petition for an adjusted
standard for the City of Chicago Heights (City) for
failure to timely publish the newspaper notice required
by Section 28.1(d)(1) of the Act.
In the Matter of: Petition of the City of Chicago
Heights for an Adjusted Standard from 35 Ill.
Adm. Code 810.103, 814.102, and 814.501(c) AS
08-07, (February 21, 2008)
The Board dismissed this petition for lack of
jurisdiction. The City of Chicago Heights (City)
sought to close the Fitz-Mar landfill under the Board’s
Part 807 non-hazardous solid waste landfill regulations
rather than the Board’s Part 811 non-hazardous solid
waste landfill regulations. The Board found that the
City’s newspaper notice failed to advise the public of
the right to request a public hearing. The Board
further cited numerous informational deficiencies in
the petition.
In the Matter of: Petition of Biomedical
Technology Solutions Inc. for an Adjusted
Standard from 35 Ill. Adm. Code 1422 AS 08-06,
(April 3, 2008)
The Board granted Biomedical Technology Solutions,
Inc. (BMTS) an adjusted standard from the testing
requirements for units treating potentially infectious
medical waste (PIMW). BMTS, based in Colorado, is
pursuing the Illinois market to sell its “Demolizer”
unit, a countertop medical waste treatment device for
treating PIMW. The Board found that BMTS justified
its request, and granted the adjusted standard to allow
BMTS to substitute
Bacillus atrophaeus
(ATCC9372),
in lieu of the listed organisms, when performing an
initial efficacy test of its “Demolizer” dry heat
sterilization technology.
In the Matter of: Petition of Midwest Generation,
L.L.C., Waukegan Generating Station for an
Adjusted Standard from 35 Ill. Adm. Code
225.230 AS 07-03, (June 5, 2008)
The Board dismissed the petition for an adjusted
standard following Midwest Generation’s motion to
withdraw. In its motion to withdraw, Midwest
Generation stated that it had chosen to opt in to the
Combined Pollutant Standard at 35 Ill. Adm. Code
225, Subpart F, which provides sufficient flexibility to
address the issues intended to be addressed by this
adjusted standard.
In the Matter of: Petition of Midwest Generation,
L.L.C., Waukegan Generating Station for an
Adjusted Standard from 35 Ill. Adm. Code
225.230 AS 07-04, (June 5, 2008)
The Board dismissed the petition for an adjusted
standard following Midwest Generation’s motion to
withdraw. In its motion to withdraw, Midwest
Generation stated that it had chosen to opt in to the
Combined Pollutant Standard at 35 Ill. Adm. Code
225, Subpart F, which provides sufficient flexibility to
address the issues intended to be addressed by this
adjusted standard.
Final Actions Taken by the Pollution Control Board in Combine Sewer Overflow Exception Proceedings
During Fiscal Year 2008 (July 1, 2007 through June 30, 2008)
The Board took no action in combined sewer overflow exception proceedings during fiscal year 2008, as
none were filed with the Board or pending during fiscal year 2008.
Environmental Register – July 2008
11
Request copies
, noting the appropriate docket number, to:
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:
Carol Webb
Address:
Pollution Control Board
1021 North Grand Avenue East
Springfield, Illinois 62794-9274
Telephone:
217-524-8509
email:
webbc@ipcb.state.il.us

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Calendar
8/7/08
11:00 AM
Illinois Pollution Control Board Meeting
VIDOECONFERENCE
James R. Thompson Center
100 W. Randolph Street
Chicago
And
Illinois Pollution Control Board
Hearing Room (1244 N, First
Floor)
1021 N. Grand Avenue East
(North Entrance)
Springfield
8/18/08
3:00
PM
AS 08-10
In the Matter of: RCRA Delisting
Adjusted Standard Petition of Peoria
Disposal Company
Peoria Public Library
Basement Auditorium
107 NE Monroe
Peoria
8/20/08
9:00
AM
AS 08-08
In the Matter of: Petition of Citgo
Petroleum Corporation and PDV
Midwest Refining, L.L.C. for Adjusted
Standard from Ammonia Nitrogen
Discharge Levels at 35 Ill. Adm. Code
304.122
Village of Boling Brook Board
Room
375 W. Briarcliff Road
Bolingbrook
8/21/08
11:00 AM
Illinois Pollution Control Board Meeting
VIDOECONFERENCE
James R. Thompson Center
100 W. Randolph Street
Chicago
And
Illinois Pollution Control Board
Hearing Room (1244 N, First
Floor)
1021 N. Grand Avenue East
(North Entrance)
Springfield
Environmental Register – July 2008
12
9/3/08
11:00
AM
AC 07-30
IEPA v. Bobby G. Myers and Donald D.
Myers (IEPA No. 375-06-AC)
Union County Courthouse
309 W. Market Street
Jonesboro
9/4/08
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street
Chicago
9/8/08
9:00 AM
R08-09
In the Matter of: Water Quality
Standards and Effluent Limitations for
the Chicago Area Waterway System and
the Lower Des Plaines River: Proposed
Amendments to 35 Ill. Adm. Code 301,
302, 303 and 304
(Continues until complete or through
September 10, 2008)
James R. Thompson Center
Room 9-040
100 West Randolph
Chicago
9/18/08
11:00 AM
Illinois Pollution Control Board Meeting
VIDOECONFERENCE
James R. Thompson Center
100 W. Randolph Street
Chicago
And
Illinois Pollution Control Board
Hearing Room (1244 N, First
Floor)
1021 N. Grand Avenue East
(North Entrance)
Springfield
10/1/08
10:30 AM
R06-20
In the Matter of: Proposed Amendments
to the Board’s Special Waste Regulations
Concerning Used Oil, 35 Ill. Adm. Code
808, 809
Illinois Pollution Control Board
Videoconference Room (11-512
James R. Thompson Center
100 W. Randolph Street
Chicago
10/2/08
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street
Chicago
10/14/08
10:00 AM
R08-19
In the Matter of: Nitrogen Oxides
Emissions From Various Source
Categories, Amendments to 35 Ill. Adm.
Code Parts 211 and 217
(Continues until complete or through
October 17, 2008)
Illinois Environmental Protection
Agency
Training Room 1414 West
1021 North Grand Avenue East,
North Entrance
Springfield
10/16/08
11:00 AM
Illinois Pollution Control Board Meeting
Illinois Pollution Control Board
Hearing Room (1244 N, First
Floor)
1021 N. Grand Avenue East
(North Entrance)
Springfield
Environmental Register – July 2008
13
Illinois Environmental Protection Agency
Division of Public Water Supplies
Restricted Status List - Public Water Supplies
JULY 2008
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
ATHENS – IL1290050
5
INADEQUATE TREATMENT CAPACITY
4350
10/1/2007
AURORA COMMUNITY WATER ASSN
- IL0895750
2
INADEQUATE PRESSURE TANK
150
12/16/1988
BAHL WATER CORP - IL0855200
1
INADEQUATE PRESSURE TANK
700
12/15/1993
BALCITIS PUMP CORP - IL2015100
1
INADEQUATE STORAGE
150
1/1/2006
BRADLEY HEIGHTS SUBDIVISION -
IL2015050
1
INADEQUATE PRESSURE TANK
192
9/13/1985
* BUFFALO HOLLOW FARMS WATER
ASSOCIATION – IL1430080
5
INADEQUATE PRESSURE STORAGE
44
6/16S/2008
CARROLL HEIGHTS UTILITIES
COMPANY - IL0155200
1
INADEQUATE PRESSURE TANK
96
3/20/1981
CENTURY PINES APARTMENTS -
IL0150020
1
INADEQUATE PRESSURE TANK
50
12/14/1990
CHANDLERVILLE - IL0170200
5
INAD & UNAPPROVED STORAGE
704
1/1/2006
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
12/15/1997
CROPSEY COMMUNITY WATER -
IL1135150
4
INADEQUATE PRESSURE TANK
31
3/20/1981
CRYSTAL CLEAR WATER COMPANY
- IL1115150
2
INADEQUATE PRESSURE TANK
885
9/16/1988
D L WELL OWNERS ASSOCIATION -
IL0975380
2
INADEQUATE PRESSURE TANK
141
3/18/1983
DE KALB UNIV DVL CORP - IL0375148 1
INADEQUATE PRESSURE TANK
1050
12/16/1992
DEERING OAKS SUBDIVISION -
IL1115200
2
INADEQUATE PRESSURE TANK
60
12/17/1982
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
EVERGREEN VILLAGE SUBDIVISION
- IL1615310
1
INADEQUATE PRESSURE TANK
130
3/20/1981
Environmental Register – July 2008
14
FAHNSTOCK COURT SUBDIVISION -
IL1435200
5
INADEQUATE PRESSURE TANK
35
5/25/1981
FAIR ACRES SUBDIVISION -
IL1975680
2
INADEQUATE PRESSURE TANK
156
10/19/1981
FOREST LAKE ADDITION - IL0975500
2
INADEQUATE PRESSURE TANK
204
12/16/1983
FRWRD-SKYLINE PLANT - IL0895030
2
INADEQUATE PRESSURE TANK
700
9/19/1986
GARDEN STREET IMPROVEMENT
ASSOCIATION - IL1975376
2
INADEQUATE PRESSURE TANK
54
9/15/1989
GOOD SHEPHERD MANOR -
IL0915189
2
INADEQUATE PRESSURE TANK
25
3/17/1989
GREAT OAKS AND BEACON HILLS
APARTMENTS - IL2015488
1
INADEQUATE PRESSURE TANK
2420
12/17/1982
HAWTHORN WOODS - IL0970450
2
INADEQUATE PRESSURE TANK
672
3/15/1995
HEATHERFIELD SUBDIVISION -
IL0635150
2
INADEQUATE PRESSURE TANK
75
9/17/1982
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
LAKE LYNWOOD WATER SYSTEM -
IL0735330
1
INADEQUATE PRESSURE TANK
75
8/31/1981
LARCHMONT SUBDIVISION -
IL2015290
1
INADEQUATE PRESSURE TANK
64
6/17/1983
LARSON COURT APARTMENTS -
IL1615728
1
INADEQUATE PRESSURE TANK
58
1/14/1982
LEGEND LAKES WATER
ASSOCIATION - IL2015300
1
INADEQUATE PRESSURE TANK
283
3/14/1991
LIBERTY PARK HOMEOWNERS
ASSOCIATION - IL0435600
2
INADEQUATE PRESSURE TANK
837
9/17/1992
LINDENWOOD WATER ASSOCIATION
- IL1415300
1
INADEQUATE PRESSURE TANK
50
1/13/1982
LISBON NORTH, INC. - IL0631000
2
INADEQUATE PRESSURE TANK
30
9/14/1990
LONDON MILLS - IL0574620
5
INADEQUATE PRESSURE TANK
447
12/14/1984
LYNN CENTER - IL0735100
1
INADEQUATE PRESSURE TANK
100
3/15/1995
LYNNWOOD WATER CORPORATION
- IL0995336
1
INADEQUATE PRESSURE TANK
110
3/18/1983
M C L W SYSTEM, INC. - IL1315150
1
INADEQUATE SOURCE
98
3/20/1981
MENARD RURAL WATER
CO.
(SWEETWATER SYSTEM)- IL1290010
5
INADEQUATE SOURCE CAPACITY
490
10/1/2007
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
Environmental Register – July 2008
15
OPHIEM PWS - IL0735150
1
INADEQUATE PRESSURE TANK
100
6/18/1982
OSCO MUTUAL WATER SUPPLY
COMPANY, INC. - IL0735200
1
INADEQUATE PRESSURE TANK
115
12/15/1989
PANAMA - IL0054720
6
TTHM, DBP, INAD STORAGE
380
1/1/2006
PATOKA - IL1210400
6
INADEQUATE PLANT CAPACITY
731
3/15/1997
POLO DR AND SADDLE RD
SUBDIVISION - IL0437000
2
INADEQUATE PRESSURE TANK
90
12/17/1982
PORTS SULLIVAN LAKE OWNERS
ASSOCIATION - IL0971160
2
INADEQUATE PRESSURE TANK
293
6/15/1999
PRAIRIE RIDGE ASSOCIATION -
IL1115730
2
INADEQUATE PRESSURE TANK
130
10/1/2004
RIDGECREST NORTH SUBDIVISION -
IL0635250
2
INADEQUATE PRESSURE TANK
60
9/16/1993
RIDGEWOOD LEDGES WATER
ASSOCIATION - IL1615670
1
INADEQUATE PRESSURE TANK
370
3/20/1981
RIDGEWOOD SUBDIVISION -
IL1977650
2
INADEQUATE PRESSURE TANK
250
6/18/1982
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
ST CHARLES COMMSSION
WELLFUND 3 - IL0437040
2
INADEQUATE PRESSURE TANK
30
12/15/1989
STRATFORD WEST APARTMENTS -
IL1095200
5
INADEQUATE PRESSURE TANK
39
12/17/1982
SUBURBAN HEIGHTS SUBDIVISION -
IL1615800
1
INADEQUATE PRESSURE TANK
82
12/16/1983
SUMMIT HOMEOWNERS
ASSOCIATION - IL0975280
2
INADEQUATE PRESSURE TANK
39
3/16/1984
SUNNY HILL ESTATES SUBDIVISION
- IL0735300
1
INADEQUATE PRESSURE TANK
525
6/15/2000
SUNNYLAND SUBDIVISION -
IL1977730
2
INADEQUATE PRESSURE TANK
350
9/16/1983
SWEDONA WATER ASSOCIATION -
IL1315200
1
INADEQUATE PRESSURE TANK
157
6/15/1990
SYLVAN LAKE 1ST SUBDIVISION -
IL0977100
2
INADEQUATE PRESSURE TANK
210
6/14/1991
TOWNERS SUBDIVISION - IL0977250
2
INADEQUATE PRESSURE TANK
210
1/14/1982
UTILITIES INC HOLIDAY HILLS -
IL1115350
2
INADEQUATE PRESSURE TANK
729
9/16/1983
UTL INC-LAKE HOLIDAY - IL0995200
1
INAD SOURCE & TREATMENT PLT
5460
9/15/1998
UTL INC-NORTHERN HILLS UTLITIES
COMPANY - IL1775050
1
INADEQUATE PRESSURE TANK
500
3/15/1996
UTL INC-WALK-UP WOODS WATER
COMPANY - IL1115800
2
INADEQUATE PRESSURE TANK
654
12/17/1982
WEST SHORE PARK SUBDIVISION -
IL0977370
2
INADEQUATE PRESSURE TANK
528
6/15/2000
Environmental Register – July 2008
16
WEST SHORELAND SUBDIVISION -
IL0977050
2
INADEQUATE PRESSURE TANK
189
6/14/1991
WIENEN ESTATES - IL0850030
1
INADEQUATE PRESSURE TANK
70
12/15/1997
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
OLIVET NAZARENE UNIVERSITY – IL0915279
* DENOTES ADDED WATER SUPPLIES
Environmental Register – July 2008
17
Illinois Environmental Protection Agency
Division of Public Water Supplies
Critical Review List - Public Water Supplies
JULY 2008
SYSTEM NAME
EPA
RGN
NATURE OF PROBLEM
POP
SERVED
LISTIN
G 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
COLLINSVILLE – IL1194280
6
INADEQUATE STORAGE
29500
1/1/2008
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
ELLIS GROVE – IL1570200
6
INSUFFICIENT STORAGE
CAPACITY
720
10/1/2007
EXETER-MERRITT WATER COOP - IL1710010
5
INADEQUATE PRESSURE
TANK
428
10/1/2004
GALENA - IL0850200
1
LOW SYSTEM PRESSURE
3640
6/15/1999
GRIGGSVILLE – IL1490300
5
INADEQUATE TREATMENT
PLANT CAPACITY
1259
10/1/2006
HAMEL - IL1190450
6
INADEQUATE STORAGE
CAPACITY
650
1/1/2006
HOLIDAY SHORES SD - IL1195110
6
INADEQUATE STORAGE
CAPACITY
3192
1/1/2006
JOY - IL1310100
1
LOW SYSTEM PRESSURE
373
6/15/1999
LA MOILLE - IL0110500
1
INADEQUATE PLANT
CAPACITY
750
6/15/1999
LA SALLE - IL0990300
1
INAD PLANT & SOURCE
CAPACITY
9700
11/1/2004
LACON - IL1230100
1
UNDERSIZED WATERMAINS
1979
1/1/2006
Environmental Register – July 2008
18
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
MARYVILLE – IL1190750
5
INADEQUATE STORAGE
800
3/17/2008
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 – IL1631100
2
INADEQUATE STORAGE
CAPACITY
4359
10/1/2006
OTTER LAKE WTR CMSN ADGPTV – IL1175200
5
INADEQUATE PLANT
CAPACITY
1251
7/1/2006
SCALES MOUND - IL0850400
1
LOW SYSTEM PRESSURE
400
9/15/1997
SENECA - IL0991050
1
INADEQUATE PLANT
CAPACITY AND UNDERSIZED
WATER MAINS
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
WITT – IL1350850
5
INADEQUATE TREATMENT
CAPACITY
991
3/17/2008
WORDEN - IL1191200
6
INADEQUATE STORAGE
CAPACITY
906
1/1/2006
WATER SYSTEMS REMOVED FROM PREVIOUS LIST
OTER CREEK LAKE UTILITIES DISTRICT – IL2015320
* DENOTES ADDED WATER SUPPLIES
Environmental Register – July 2008
19
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 July 1,
2008. An asterisk, * , beside the water supply indicates public water supplies that have
been added to the Restricted Status/Critical Review list since the previous publication.
Restricted Status List
The Restricted Status List was developed to give additional notification to officials of public
water supplies which are in violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies,
Chapter I or the Illinois Environmental Protection Act.
The Restricted Status List will include all Public Water Supplies for which the Agency has
information indicating a violation of any of the following requirements: Finished water
quality requirements of 35 Ill. Adm. Code, Part 604, Subparts B and C; maintenance of
adequate pressure on all parts of the distribution system under all conditions of demand;
meeting raw water quantity requirements of 35 Ill. Adm. Code 604.502; or maintenance of
treatment facilities capable of providing water "assuredly adequate in quantity" as required
by Section 18 of the Illinois Environmental Protection Act.
A public water supply on the Restricted Status List will not be issued permits for water main
extensions, except for certain limited situations, or unless the supply has been granted a
variance from the Illinois Pollution Control Board for the violation, or from permit issuance
requirements of Section 39 of the Act.
This list is continually being revised as new information becomes available, and therefore,
specific inquiries as to the status of any public water supply should be directed to the
Division of Public Water Supplies for final determination.
Critical Review List
The Critical Review List was developed to give additional notification to officials of public
water supplies which may be close to being in violation of 35 Ill. Adm. Code, Subtitle F:
Public Water Supplies, Chapter I or the Illinois Environmental Protection Act.
A supply will be placed on the Critical Review List when Agency records indicate that it is
approaching any of the violations that would place it on the Restricted Status List.
This list is continually being revised as new information becomes available, and therefore,
specific inquiries as to the status of any public water supply should be directed to the
Division of Public Water Supplies for final determination.
Environmental Register – July 2008
20
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
DIVISION OF WATER POLLUTION CONTROL
RESTRICTED STATUS LIST
In order to comply with 35 Illinois Administrative Code Section 306.401, Illinois Pollution Control Board
Regulations, the Illinois EPA has prepared the following list of facilities which are on Restricted Status. Restricted
Status is defined as the Agency determination that a sewer or lift station has reached hydraulic capacity or that a
sewage treatment plant has reached design capacity, such that additional sewer connection permits may no longer be
issued without causing a violation of the Act or Regulations. Please note that the list is continually being revised to
reflect the current situation. Therefore, if you have any questions on the capability of a treatment facility or
transport system, please contact this Agency for a final determination. This listing reflects the status as of June 30,
2008.
Facility names followed by an asterisk (*) indicates that construction is underway to ultimately alleviate problems,
which resulted in imposition of Restricted Status. Facilities followed by a double asterisk (**) are additions to the
list.
FACILITY NAME
RESPONSIBLE AUTHORITY
COUNTY
REMAINING
CAPACITY
Bourbonnais (Belle Aire Subd.)
Village of Bourbonnais
Kankakee
0
Camelot Utilities
Wastewater Collection System
Camelot Utilities
Will
0
Camp Point
(a portion mh 60-68)
Village of Camp Point
Adams
0
Clearview S.D.
Clearview S.D.
McLean
0
Davis Junction
Village of Davis Junction
Ogle
0
East Alton
City of East Alton
Madison
0
Farmington
City of Farmington
Fulton
0
Hurst & Blairville Collection
S
YSTEM
City of Hurst
Williamson
0
Port Byron STP
Village of Port Byron
Rock Island
0
Richmond WWTP
Village of Richmond
McHenry
Rosewood Heights S.D.-
Ninth Street LS
Rosewood Heights S.D.
Madison
0
South Palos Twp. SD
South Palos Twp.
South Palos Twp.
0
Sundale Utilities – Washington Estates
STP
Sundale Utilities Corporation
Tazewell
0
Taylorville-Shawnee Ave.
P
UMP STATION
City of Taylorville
Christian
0
Utilities Unlimited
Utilities Unlimited
Will
0
Washington (Rolling Meadows)
City of Washington
Tazewell
0
Deletions from previous quarterly report
: None
Additions from previous quarterly report
: None
Environmental Register – July 2008
21
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
DIVISION OF WATER POLLUTION CONTROL
CRITICAL REVIEW LIST
In order to comply with 35 Illinois Administrative Code Section 306.401, Illinois Pollution Control Board
Regulations, the Illinois Environmental Protection Agency has prepared the following list of facilities which are on
Critical Review. Critical Review as defined as the Agency determination that a sewer or lift station is approaching
hydraulic capacity or that a sewage treatment plant is approaching design capacity such that additional sewer
connection permit applications will require close scrutiny to determine whether issuance would result in a violation
of the Act or Regulations. Please note that these lists are continually being revised to reflect the current situation.
Therefore, if you have any questions on the capability of a treatment facility or transport system, please contact the
Agency for a final determination. This listing reflects the status as of June 30, 2008.
Facility names followed by a double asterisk (**) are additions to the list.
FACILITY
NAME
RESPONSIBLE
AUTHORITY
COUNTY
REMAINING
CAPACITY
PE ADDED
SINCE
LAST LIST
Algonquin
Village of Algonquin
Kane
58
551
Aqua Illinois, Inc. University
Park
Aqua Illinois, Inc.
Will
711
0
Antioch STP
Village of Antioch
Lake
373
0
Beardstown SD
City of Beardstown
Cass
1,548
20
Benton-Southeast STP
City of Benton
Franklin
60
0
Bethalto (L.S. #1)
Village of Bethalto
Madison
87
0
Carrier Mills
Village of Carrier Mills
Saline
836
0
Carrollton
City of Carrollton
Greene
140
0
Citizens Utilities Co. of Ill.-
River Grange
Citizens Utilities Co.
of Ill.
Will
10
0
Charleston
City of Charleston
Coles
5,041
11
Downers Grove S.D.
Downers Grove S.D.
DuPage
0
0
East Dundee STP
Village of E. Dundee
Kane
508
0
Elkville
Village of Elkville
Jackson
6
0
Ferson Creek Utilities Co.
Utilities, Inc.
Will
70
0
Harvard WWTP
City of Harvard
McHenry
0
150
LCPWD-Diamond-
Sylvan STP
County of Lake Public
Works Department
Lake
0
0
Lockport
City of Lockport
Will County
0
182
Moline (North Slope)
City of Moline
Rock Island
1,151
0
Morris STP
City of Morris
Grundy
0
0
New Lenox STP 1***
Village of New Lenox
Will
0
4
Paris STP
City of Paris
Edgar
0
0
Rock Island (Main)
City of Rock Island
Rock Island
2,824
0
Streator
City of Streator
LaSalle/
Livingston
449
0
Wasco Sanitary District
Wasco Sanitary District
Kane
637
Wauconda – Remaining
Collection System
& Lakeview Villa LS
Village of Wauconda
Lake
***
0
Wauconda WWTP
Village of Wauconda
Lake
0
Deletions from previous quarterly report
: None
Additions from previous quarterly report
: Wasco Sanitary District
***Contact IEPA – Permit Section
MAP:\epa1176\rscr\june2q08final.doc
------------------------------------------------CUT HERE------------------------------------------------
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.
------------------------------------------------CUT HERE------------------------------------------------
Illinois Pollution Control Board
Environmental Register Coordinator
1021 N. Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274

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