Microsoft Word - 0901_A.docx

0901_A
0901_B
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G. Tanner Girard, Acting Chairman

Thomas E. Johnson, Andrea S. Moore, Shundar Lin, and Gary Blankenship

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

(312) 814-6032 TDD

Illinois Pollution Control Board

1021 North Grand Avenue East

Springfield, Illinois 62794-9274

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

Letter from the Chairman

During December and January, the Board made progress in a number of rulemaking

dockets. Below, I’ve summarized that recent activity. As always, information

about these proceedings and the Board’s other cases is available through the Clerk’s

Office Online (COOL) through our Web site at www.ipcb.state.il.us

R06-20, Proposed Amendments to the Board’s Special Waste Regulations

Concerning Used Oil, 35 Ill .Adm. Code 808, 809

. The Board on May 1, 2008,

issued its first notice opinion and order (32 Ill. Reg. 8085 (May 30, 2008)) and on

July 10, 2008, granted a motion to hold an additional hearing, which took place on

October 1, 2008. During December and January, the Board received post-hearing

comments and responses to those comments.

R07-19, Section 27 Proposed Rules for Nitrogen Oxide (NO

) Emissions from

Stationary Reciprocating Internal Combustion Engines and Turbines:

Amendment to 35 Ill. Adm. Code Parts 211 and 217

. The Board on September

16, 2008, issued its first notice opinion and order (32 Ill. Reg. 17035 (Oct. 31,

2008)). On December 23, 2008, the Board extended the deadline for filing comments on the first-notice proposal to

February 2, 2009.

R08-9, 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

December 2 and 3, 2008, the Board held the 21st and 22nd days of hearing on this proposal to amend the Board’s

rules for Secondary Contact and Indigenous Aquatic Life Uses. In addition, the Board scheduled additional hearing

dates on February 17 and 18, 2009.

R08-17, In the Matter of Standards and Limitations for Organic Material Emissions for Area Sources:

Proposed New 35 Ill. Adm. Code 223

. The Board on October 16, 2008, issued its first notice opinion and order

(32 Ill. Reg. 17301 (Nov. 7, 2008)). During December, the Board received a number of comments regarding that

R08-19, In the Matter of Nitrogen Oxides Emissions from Various Source Categories, Amendments to 35 Ill.

Adm. Code Parts 211 and 217

. The Board held the second hearing on this proposal on December 9 and 10, 2008,

in Chicago and also scheduled the third hearing for February 3, 2009, in Edwardsville.

R09-9, In the Matter of: Proposed Amendments to Tiered Approach to Corrective Action Objectives (35 Ill.

Adm. Code 742)

. The Board held the first hearing on this proposal on January 27, 2009, in Springfield and will

hold the second hearing on March 17, 2009, in Chicago.

R09-10, In the Matter of Amendments to 35 Ill. Adm. Code 225: Control of Emissions from Large

Combustion Sources (Mercury Monitoring)

. The Board held the first hearing on the proposal on December 17,

2008, in Springfield. The Board also rescheduled the second hearing to take place on February 10, 2009, in

R09-19, In the Matter of Air Quality Standards Clean Up: Amendments to 35 Ill. Adm. Code 243

order dated December 18, 2008, the Board accepted for hearing this proposal filed by the Illinois Environmental

Protection Agency. The Board also scheduled one hearing to take place on March 10, 2009, in Chicago, and will

schedule a second hearing.

The Board welcomes citizen participation in environmental rulemaking. More information can be found on our

website at www.ipcb.state.il.us.

Dr. G. Tanner Girard

Environmental Register – January 2009

Inside This Issue:

APPELLATE UPDATE

ESTRICTED STATUS/CRITICAL REVIEW

Appellate Update

Third District Affirms Board Affirmance of Permit Denial in Peoria Disposal Company v. Illinois Pollution

Control Board and Illinois Environmental Protection Agency, No. 3-08-0030 (Jan. 20, 2009) (affirming

Board’s order affirming permit denial in PCB 08-25 (Jan. 10, 2008)

In a January 20, 2009 order, the Third District Appellate Court upheld the Board’s decision to affirm the denial of a

permit. Peoria Disposal Company v. Illinois Pollution Control Board and County of Peoria

, No. 3-08-0030 (Third

Dist. Jan 10, 2009) (Peoria Disposal

(Third Dist.)). The court’s ruling was an unpublished order, issued under

Illinois Supreme Court Rule 23 (166 Ill.2d R.23).

In its order, the Board had affirmed the denial by the Illinois Environmental Protection Agency (IEPA) of a permit

modification sought by Peoria Disposal Company (PDC) to expand the PDC No. 1 Landfill in Peoria County.

Peoria Disposal Company v. Illinois Environmental Protection Agency

, PCB 08-25 (Jan 10, 2008) (Peoria Disposal,

PCB 08-25). PDC sought modification of the hazardous waste permit issued by IEPA in 1987 to implement Part B

of the federal Resource Conservation and Recovery Act of 1976 (RCRA Subtitle C) (42 U.S.C. §§ 6901 et seq.

(2005)); the permit is sometimes called a “RCRA Part B” permit. The IEPA denied the permit modification under

Section 39(c) of the Environmental Protection Act (Act), 415 ILCS 5/39 (c) (2006). IEPA’s stated grounds were

that PDC had failed to submit proof of local government site location suitability approval (by Peoria County) of the

expansion required under Section 39.2 of the Act. 415 ILCS 5/39.2 (2006).

Resolution of the issues presented involved interpretation of several of the Act’s provisions, including definitions of

“generator” in Section 3. 205 and “pollution control facility” and the various exemptions from that definition as

stated in Section 3.330 of the Act. 415 ILCS 5/3.330 (2006). The Third District Appellate Court order concluded

that “IEPA and the Board correctly determined that PDC must demonstrate proof of local siting approval before

PDC could receive a permit modifying its existing permit to expand the horizontal and vertical boundaries of the

existing landfill.” Peoria Disposal

(Third Dist.), Order at 21.

Stipulated Facts Concerning the PDC Facility and Permit History

The Board’s resolution of the appeal is contained in the 32-page opinion and order issued in January, 2008. As

recited there, the parties had stipulated to all salient facts of the permit chronology involved in PDC’s appeal.

Peoria Disposal

, PCB 08-25, slip op. at 2-7.

As summarized by the Third District in its opinion, in 1987, IEPA granted PDC a RCRA hazardous waste permit to

operate a waste stabilization facility and landfill in Peoria County. In 2006, PDC filed an application with the

Peoria County Board for siting approval of an expansion of the hazardous waste landfill. PDC proposed to expand

the landfill vertically by 44 feet and horizontally by 8.2 acres. The landfill expansion would be used to dispose of

approximately 2.4 million tons of hazardous waste residue resulting from PDC’s treatment of its customers’

hazardous wastes at the stabilization facility. Peoria Disposal

(Third Dist.), Order at 2.

On May 3, 2006, the Peoria County Board denied PDC’s application for siting approval of a landfill expansion, a

decision which PDC appealed to the Board.

. The Board upheld the Peoria County Board’s denial and PDC

appealed to the Third District Appellate Court. While that appeal “was still unresolved at the time the parties filed

their briefs in this pending appeal,” the court noted that it had “confirmed” the decision of the Board, citing Peoria

Disposal Company v. Illinois Pollution Control Bd., __ Ill. App. 3d __, 896 N. Ed. Ed 460 (3rd Dist. 2008). Peoria

Disposal (Third Dist.), Order at 3 and n.1. (As reported in the related story immediately below, the Supreme Court

subsequently denied PDC’s petition for leave to appeal the siting denial.

Environmental Register – January 2009

While the appeal of the siting denial was still pending before the Third District Appellate Court, PDC submitted an

application to IEPA, seeking to modify PDC’s RCRA Part B permit. Through the application for permit

modification, PDC asked IEPA to

grant PDC the right to operate a proposed, expanded residual waste landfill [RWL] in the exact same

location utilizing the precise vertical and horizontal expanded dimensions previously denied for siting

approval by the County, and affirmed by the Board. Peoria Disposal

(Third Dist.), Order at 3.

On August 30, 2007, IEPA denied PDC’s permit application because PDC’s application did not include proof of

local siting approval under Section 39.2 of the Environmental Protection Act (Act) (415 ILCS 5/39.2 (2006)). Id.,

Board Order in PCB 08-25

PDC initiated its appeal to the Board of the IEPA’s August 30, 2007 denial of permit modification on September 17,

2007. On January 10, 2008, the Board issued its opinion and order affirming IEPA’s denial of PDC’s permit

application. In brief summary, the Board found that found that

PDC’s proposed RWL is not excluded from the definition of “pollution control facility” and must

demonstrate proof of local siting approval. Accordingly, the Board affirms the Agency’s determination

that PDC’s application for Class 3 modification of its RCRA Part B permit requires proof of local siting

approval. Peoria Disposal

, PCB 08-25, slip op. at 1.

Much of the substance of the Board’s opinion and order is synopsized or otherwise treated in the appellate court’s

opinion, as described below. But, the court opinion did not treat or discuss a significant portion of the Board

opinion. While remarking that there does not appear to be a substantial body of case law interpreting Section

3.330(a)(3), the Board found that there are a number of cases interpreting a companion section of the Act: the

Section 21(d) exemption from permitting requirements for on-site disposal of wastes generated by a person’s own

activities. The Board determined that the Section 21(d) permit exemption is entirely relevant to the issue presented,

finding that the Section 3.330(a)(3) siting exemption flows from the Section 21(d) exemption. The Board opinion

contains a lengthy discussion of the legislative history and precedent concerning the two sections. Peoria Disposal

PCB 08-25, slip op. at 26-31.

The Appellate Court’s Decision in Peoria Disposal (Third Dist.)

After recitation of the facts in the case, Peoria Disposal

(Third Dist.), Order at 1-11, the court turned to the

appropriate standard of review. The court noted that the parties had disputed the issue, with IEPA arguing in favor

of a “clearly erroneous” standard and PDC arguing in favor of a de novo standard.

Quoting the Illinois Supreme Court’s decision in Cinkus v. Village of Stickney

, 228 Ill. 2d 200, 210 (2008), the

Third District Appellate Court states that “[t]he applicable standard of review depends upon whether the question

presented is one of fact, one of law, or a mixed question of fact and law.” Peoria Disposal

(Third Dist.), Order at

12. The Third District notes that as the parties stipulated to the facts, this case requires the reviewing court to apply

the statutory language to the undisputed facts, “creating an issue of statutory interpretation for our review” which

must be considered de novo.

, citing City of Belvidere v. Illinois State Labor Relations Bd.

, 181 Ill. 2d 191, 205

The court’s opinion sets forth the numerous provisions of the Act at issue in the case; these are omitted here in the

interests of space. The Third District Appellate Court begins its analysis by observing that “the Board’s carefully

written order” recognized the parties’ competing interpretations of the exemption from the Section 3.330(a)

definition of “pollution control facility” for the disposal of “wastes generated by such person’s own activities.”

Peoria Disposal

(Third Dist.), Order at 12. Citing the line of decisions relied upon by the Board, the court notes the

Board’s conclusion that the legislative intent behind the similar exemption of Section 21(d)(1) of the Act (415 ILCS

5/21(d)(1) (2006)) was to “exempt minor amounts of refuse which could be disposed of without environmental

harm on the site where it was generated.”

., Order at 12-13, quoting the Board in IEPA v. City of Pontiac

74-396, slip op. at 4 (Aug. 7, 1975).

The court relates that, to avoid the Section 39(c) bar on IEPA issuing a “new pollution control facility” permit

without proof of local siting approval, PDC argued that its proposed expansion qualified for the Section 3.330(a)(3)

exemption from the definition of “pollution control facility.” Peoria Disposal

(Third Dist.), Order at 13. According

to PDC, the company sought the landfill expansion only to dispose of its “own waste,” asserting that the waste it

receives from its customers becomes “PDC’s very own self-generated waste as a result of [PDC’s] waste treatment

. at 14. The court explains that PDC relies on the fact that “IEPA tacitly approved PDC’s past course of

record keeping that identified PDC as the generator” and cites past “Hazardous Waste Location Logs” completed by

Environmental Register – January 2009

. at 14-15. But, the court was not persuaded by PDC’s argument, finding that PDC’s “circular

logic” ignores the company’s description of its operation as the “Peoria Disposal Landfill Facility” on those same

logs, and that “PDC’s terminology asserted landfill status which is defined under the Act as a pollution control

The Third District also finds “misplaced” PDC’s reliance on Envirite Corp. v. IEPA

, 158 Ill. 2d 210 (1994), finding

that the supreme court in

had expressly limited the definition of “generator” in that case to the context of

the recently amended section 39(h) of the Act.” Peoria Disposal

(Third Dist.), Order at 15-16.

The Third District declined PDC’s invitation to “ignore the definition of generator as one who ‘produces’ waste

under section 3.205 of the Act [] and substitute the definition of generator as limited to section 39(h).” Peoria

Disposal (Third Dist.), Order at 18. Accordingly, the court reasons that the Section 3.205 “generator” definition

must be read in conjunction with the Section 3.330(a)(3) exemption from the “pollution control facility” definition:

Reading these provisions together, we conclude PDC must originally produce the hazardous waste, to be

disposed in the areas beyond the parameters of the current properly permitted landfill, in order for the

proposed expansion to be potentially considered exempt from the definition of a pollution control facility

under the Act. Here, PDC is in the business of treatment and disposal, not production that originally

creates or produces the hazardous waste requiring on-site disposal.

We reject PDC’s contention that [its] proposed expanded operation does not qualify as a pollution control

facility. To be exempt, PDC must produce the hazardous waste as a result of a process unrelated to the

treatment and disposal of the entire waste stream originally generated and then delivered to PDC by outside

sources. Peoria Disposal

(Third Dist.), Order at 19-20.

The court then turns to the definition of “new pollution control facility” in Section 3.330(b)(2) of the Act, and finds

that PDC’s proposed expansion qualifies as a “new pollution control facility” because PDC sought a permit

modification that would allow for an additional 2.4 million tons of disposal space, by way of horizontal and vertical

expansion beyond the boundaries of the currently permitted landfill. Peoria Disposal

(Third Dist.), Order at 20.

For all of these reasons, the court concluded that the Board and IEPA were correct in concluding that PDC could

not be granted a permit modification under Section 39(c) of the Act without submission of proof of Peoria County’s

siting approval under Section 39.2 of the Act. 415 ILCS 5/39(c) and 5/39.2 (2006).

Special Concurrence by Presiding Justice O’Brien

In a special concurrence, Presiding Justice O’Brien wrote to express his view that he agrees with

the majority result to the extent it is based on the reasoning that, if granted, PDC’s request for modification

would have created a “new” pollution control facility as defined under section 3.330(b)(2) of the Act. It is

undisputed PDC’s request involves an increase in the vertical and horizontal dimensions of the boundaries

of the current permitted landfill. As the majority points out, any expansion of PDC’s landfill beyond its

current boundaries requires local siting approval, and “[f]or this reason alone the Board and the IEPA were

correct in rejecting PDC’s request and I would rest our decision solely on this analysis. Peoria Disposal

(Third Dist.), Special Concurrence at 1.

Illinois Supreme Court Denies Petition for Leave to Appeal Third District’s Affirmance of Local Grant of

Siting Approval Local Grant of Siting Approval for Landfill Expansion in Peoria Disposal Company v.

Illinois Pollution Control Board and County of Peoria, No. 107527 (Jan. 28 2009)(denying petition for leave

to appeal No. 3-07-0435 (3rd Dist. Oct. 7, 2008) (affirming Board’s order affirming local grant of siting

approval in PCB 08-64 (June 21, 2007)

On January 28, 2009, the Illinois Supreme Court denied a petition for leave to appeal filed by Peoria Disposal

Company (PDC). Peoria Disposal Company v.Illinois Pollution Control Board and County of Peoria

(Jan. 28 2009). PDC unsuccessfully sought review of the October 7, 2008 Third District Appellate Court’s

published opinion in Peoria Disposal Company v.Illinois Pollution Control Board and County of Peoria

3d __, 896 N. Ed. Ed 460 (3rd Dist. 2008). There, the Third District Appellate Court upheld the Board’s decision to

affirm the Peoria County Board’s denial of siting for a landfill expansion under Section 39.2 of the Environmental

Protection Act, 415 ILCS 5/39.2 (2006). The full report of the decision is contained in Environmental Register No.

652 at pp. 1-5 (Oct. 2008), and the case will not be summarized here. Note, however, that the case is cited and

briefly described in the case report of the permit appeal immediately above.

Environmental Register – January 2009

Board Actions

January 8, 2009

Chicago, Illinois

Adjusted Standards

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

The Board granted an adjusted

standard, subject to conditions, to Citgo Petroleum Corporation (Citgo) and

PDV Midwest Refining, L.L.C. (PDV) for a petroleum refinery which PDV

owns and Citgo operates, located at 135th Street and New Avenue in Lemont,

Administrative Citations

IEPA v. Troy Voss and Shirley Voss

– The Board found that these Henry

County respondents violated Sections 21(p)(1), (p)(3) and (p)(7) of the Act

(415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2006)), and ordered respondent to pay a

civil penalty of $4,500.

Adjudicatory Cases

People of the State of Illinois v. Vithalbhai Patel

– 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

Madison County facility, the Board ordered publication of the required

newspaper notice.

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. – In this water enforcement action concerning a

Lake County facility, the Board granted relief from the hearing requirement of

Section 31(c)(1) of the Environmental Protection Act (415 ILCS 5/31(c)(1)

(2006)), accepted a stipulation and settlement agreement, and ordered the

respondents to pay a total civil penalty of $20,000, and to cease and desist

from further violations.

Huffman's Service v. IEPA

The Board accepted for hearing this underground

storage tank appeal involving an Alexander County facility.

Apollo Plastics Corporation v IEPA

– The Board accepted this permit appeal

involving a Cook County facility as timely filed but deficient due to the

attempted consolidation of two appeals in one petition. The Board directed the

filing of amended petitions in PCB 09-36 and the reserved docket PCB 09-44

along with a filing fee. The amended petitions must be filed by February 9,

2009, or the appeals will be dismissed.

People of the State of Illinois v. Illinois Valley Paving Company, Inc.

Board accepted for hearing this water enforcement action involving a site

located in Peoria County.

Kaskaskia Farm Company - Ashley v. IEPA

Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Kaskaskia Farm Company located in

Environmental Register – January 2009

Jefferson County are pollution control facilities for the purpose of preferential

tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2006)).

Mach III Farms - Beardstown v. IEPA

– Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Mach III Farms located in Cass County are

pollution control facilities for the purpose of preferential tax treatment under

the Property Tax Code (35 ILCS 200/11-10 (2006)).

Waste Management of Illinois, Inc. and Kendall Land and Cattle, LLC v.

County Board of Kendall County – The Board accepted for hearing this

pollution control facility siting appeal involving a Kendall County facility.

Apollo Plastics Corporation v IEPA

– The Board accepted this permit appeal

involving a Cook County facility as timely filed but deficient due to the

attempted consolidation of two appeals in one petition. The Board directed the

filing of amended petitions in PCB 09-36 and the reserved docket PCB 09-44

along with a filing fee. The amended petitions must be filed by February 9,

2009, or the appeals will be dismissed.

Prairie Rivers Network and Sierra Club v. Illinois Environmental Protection

Agency and Sugar Camp Energy, L.L.C. – The Board accepted for hearing this

third party permit appeal involving a Franklin County facility.

January 22, 2009

Chicago, Illinois

Administrative Citations

IEPA v. Keister's, Inc

– In response to a joint stipulation and settlement

agreement in this administrative citation action involving a Warren County

facility, the Board found that respondent had violated Section 21(p)(3) of the

Environmental Protection Act (415 ILCS 5/21(p)(3) (2006)) and ordered

respondent to pay a civil penalty of $1,500. The Board also granted the

parties’ joint motion to dismiss respondent’s petition for review and the

alleged violation of 415 ILCS 5/21(p) (1) (2006).

IEPA v. Gilbert and Mary Codgill Estate, c/o William Codgill, Executor

The Board granted complainant’s motion for withdrawal of this administrative

citation and closed the docket.

County of Vermilion, Illinois v. Bill Richardson

– The Board found that this

Vermilion County respondent violated Sections 21(p)(1) and (p)(3) of the Act

(415 ILCS 5/21(p)(1),(p)(3) (2006)), and ordered respondent to pay a civil

penalty of $3,000.

IEPA v. Steve Danielson

– The Board found that this Bureau County

respondent violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1 (2006)),

and ordered respondent to pay a civil penalty of $1,500.

IEPA v. Theodore and Sally Jackson

– The Board accepted for hearing

respondents’ petition for review of this administrative citation involving a

Mason County facility.

Environmental Register – January 2009

Adjudicatory Cases

People of the State of Illinois v. Vertellus Specialties, Inc., formerly known as

Reilly Industries, Inc. – Upon receipt of a proposed stipulation and settlement

agreement and an agreed motion to request relief from the hearing requirement

in this air and water enforcement action involving a Madison County facility,

the Board ordered publication of the required newspaper notice.

People of the State of Illinois v. Vertellus Specialties, Inc., formerly known as

Reilly Industries, Inc. – Upon receipt of a proposed stipulation and settlement

agreement and an agreed motion to request relief from the hearing requirement

in this water enforcement action involving a Tazewell County facility, the

Board ordered publication of the required newspaper notice.

ESG Watts, Inc. (Taylor Ridge/Andalusia Landfill) v. IEPA

granted this Rock Island County facility’s motion for voluntary dismissal of

this permit appeal.

People of the State of Illinois v. City of Coffeen

– In this water enforcement

action concerning a Montgomery 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 respondents to pay a total civil penalty of

$1,890.00, and to cease and desist from further violations

Ameren Energy Generating Company, Amerenenergy Resources Generating

Company, and Electric Energy, Inc. v. IEPA – The Board denied petitioner’s

request for a variance for seven coal-fired electric power plants.

People of the State of Illinois v. Kaplan Development and Investment

Company – Upon receipt of a proposed stipulation and settlement agreement

and an agreed motion to request relief from the hearing requirement in this

water enforcement action involving a St. Clair County facility, the Board

ordered publication of the required newspaper notice.

People of the State of Illinois v. Birds Pinkstaff Water District

accepted for hearing this public water supply enforcement action involving a

site located in Lawrence County.

January 8, 2009 Board Meeting

People of the State of Illinois v. Illinois Valley Paving Company, Inc.

– The Board accepted for hearing this

water enforcement action involving a site located in Peoria County.

Kaskaskia Farm Company - Ashley v. IEPA

Upon receipt of the Illinois Environmental Protection

Agency’s recommendation, the Board found and certified that specified facilities of Kaskaskia Farm Company

located in Jefferson County are pollution control facilities for the purpose of preferential tax treatment under the

Property Tax Code (35 ILCS 200/11-10 (2006)).

Mach III Farms - Beardstown v. IEPA

– Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of Mach III Farms located in Cass County

are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2006)).

Environmental Register – January 2009

Waste Management of Illinois, Inc. and Kendall Land and Cattle, LLC v. County Board of Kendall County

The Board accepted for hearing this pollution control facility siting appeal involving a Kendall County facility.

Apollo Plastics Corporation v IEPA

– The Board accepted this permit appeal involving a Cook County

facility as timely filed but deficient due to the attempted consolidation of two appeals in one petition. The Board

directed the filing of amended petitions in PCB 09-36 and the reserved docket PCB 09-44 along with a filing fee.

The amended petitions must be filed by February 9, 2009, or the appeals will be dismissed.

Jerrald R. West II v. Nakomis Quarry Company

– No action taken.

Prairie Rivers Network and Sierra Club v. Illinois Environmental Protection Agency and Sugar Camp

Energy, L.L.C. – The Board accepted for hearing this third party permit appeal involving a Franklin County facility.

IEPA v. Quinn & Glenna Hunley

– The Board accepted an administrative citation against these

Mason County respondents.

IEPA v. Richard and Kelly Harp

– The Board accepted an administrative citation against these

Mason County respondents.

IEPA v. William and Patricia Hajek

– The Board accepted an administrative citation against these

DeKalb County respondents.

County of Will v. Glover Family Trust, Elaine D. Glover, Glen K. Glover

– The Board accepted an

administrative citation against these Will County respondents.

January 22, 2009 Board Meeting

People of the State of Illinois v. Birds Pinkstaff Water District

– The Board accepted for hearing this public

water supply enforcement action involving a site located in Lawrence County.

Dynegy Midwest Generation v. IEPA

– No action taken.

In the Matter of: Nitrogen Oxides

Emissions From Various Source

Categories, Amendments to 35 Ill. Adm.

Code Parts 211 and 217

Madison County Administration

County Board Room #203

157 N. Main Street

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

In the Matter of: Amendments to 35 Ill.

Code 225: Control of Emissions From

Large Combustion Sources (Mercury

James R. Thompson Center

100 W. Randolph Street

In the Matter of: Water Quality

Standards and Effluent Limitations for

the Chicago Area Waterways System and

the Lower Des Plaines River: Proposed

Amendments to 35 Ill. Adm. Code 301,

302, 303 and 304

(Continues until complete or through

February 18, 2009)

James R. Thompson Center

100 W. Randolph Street

Environmental Register – January 2009

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

In the Matter of Air: Quality Standards

Clean-up: Amendments to 35 Ill. Adm.

Illinois Pollution Control Board

Conference Room 11-512

James R. Thompson Center

100 W. Randolph Street Chicago

In the Matter of: Proposed Amendments

to Tiered Approach to Corrective Action

Objectives (35 Ill. Adm. Code 742)

(Continues until complete or through

March 18, 2009)

James R. Thompson Center

100 W. Randolph Street

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

Illinois Pollution Control Board Meeting

Vidoeconference

James R. Thompson Center

100 W. Randolph Street

Illinois Pollution Control Board

Hearing Room (1244 N, First

1021 N. Grand Avenue East

(North Entrance)

Springfield

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

Fox Moraine, LLC v. United City of

Yorkville, City Council: Kendall

County, Intervenor

(continues until complete or through

April 23, 2009)

United City of Yorkville Public

Library Meeting Room

902 Game Farm Road

Environmental Register – January 2009

Illinois Environmental Protection Agency

Division of Public Water Supplies

Restricted Status List - Public Water Supplies

JANUARY 2009

SYSTEM NAME

RGN NATURE OF PROBLEM

DATE

ALTERNATIVE BEHAVIOR TREATMENT CENTER - IL0977189

INADEQUATE PRESSURE TANK

ARLINGTON REHABILITATION LIVING CENTER - IL0971110

INADEQUATE HYDRO STORAGE

ATHENS – IL1290050

INADEQUATE TREATMENT CAPACITY

AURORA COMMUNITY WATER ASSN - IL0895750

INADEQUATE PRESSURE TANK

BAHL WATER CORP - IL0855200

INADEQUATE PRESSURE TANK

BALCITIS PUMP CORP - IL2015100

INADEQUATE STORAGE

BRADLEY HEIGHTS SUBDIVISION - IL2015050

INADEQUATE PRESSURE TANK

BUFFALO HOLLOW FARMS WATER ASSOCIATION – IL1430080 5

INADEQUATE PRESSURE STORAGE

CARROLL HEIGHTS UTILITIES COMPANY - IL0155200

INADEQUATE PRESSURE TANK

CENTURY PINES APARTMENTS - IL0150020

INADEQUATE PRESSURE TANK

CHANDLERVILLE - IL0170200

INAD & UNAPPROVED STORAGE

CHESTERFIELD – IL1170200

TOTAL TRIHALOMETHANE

COOKSVILLE - IL1130400

TTHM & HALOACIDIC ACIDS

COYNE CNTR COOP - IL1615150

INADEQUATE PRESSURE TANK

CROPSEY COMMUNITY WATER - IL1135150

INADEQUATE PRESSURE TANK

CRYSTAL CLEAR WATER COMPANY - IL1115150

INADEQUATE PRESSURE TANK

D L WELL OWNERS ASSOCIATION - IL0975380

INADEQUATE PRESSURE TANK

DE KALB UNIV DVL CORP - IL0375148

INADEQUATE PRESSURE TANK

DEERING OAKS SUBDIVISION - IL1115200

INADEQUATE PRESSURE TANK

DOVER - IL0110350

INADEQUATE PRESSURE TANK

EAST END WATER ASSOCIATION - IL1610140

INADEQUATE STORAGE CAPACITY

EAST MORELAND WATER CORPORATION - IL1975640

INADEQUATE PRESSURE TANK

EASTMORELAND WTR SERVICE ASSN - IL1975600

INADEQUATE PRESSURE TANK

EVERGREEN VILLAGE SUBDIVISION - IL1615310

INADEQUATE PRESSURE TANK

FAHNSTOCK COURT SUBDIVISION - IL1435200

INADEQUATE PRESSURE TANK

FAIR ACRES SUBDIVISION - IL1975680

INADEQUATE PRESSURE TANK

FOREST LAKE ADDITION - IL0975500

INADEQUATE PRESSURE TANK

FRWRD-SKYLINE PLANT - IL0895030

INADEQUATE PRESSURE TANK

GARDEN STREET IMPROVEMENT ASSOCIATION - IL1975376

INADEQUATE PRESSURE TANK

GOOD SHEPHERD MANOR - IL0915189

INADEQUATE PRESSURE TANK

GREAT OAKS AND BEACON HILLS APARTMENTS - IL2015488

INADEQUATE PRESSURE TANK

Environmental Register – January 2009

Illinois Environmental Protection Agency

Division of Public Water Supplies

Restricted Status List - Public Water Supplies

JANUARY 2009

SYSTEM NAME

RGN NATURE OF PROBLEM

DATE

HAWTHORN WOODS - IL0970450

INADEQUATE PRESSURE TANK

HEATHERFIELD SUBDIVISION - IL0635150

INADEQUATE PRESSURE TANK

HETTICK - IL1170500

HIGHLAND SUBDIVISION - IL0895530

INADEQUATE PRESSURE TANK

HILLVIEW SUBDIVISION - IL1975800

INADEQUATE PRESSURE TANK

HOLY FAMILY VILLA - IL0310280

INADEQUATE PRESSURE TANK

INGALLS PARK SUBDIVISION - IL1975880

INADEQUATE PRESSURE TANK

LAKE LYNWOOD WATER SYSTEM - IL0735330

INADEQUATE PRESSURE TANK

LARCHMONT SUBDIVISION - IL2015290

INADEQUATE PRESSURE TANK

LARSON COURT APARTMENTS - IL1615728

INADEQUATE PRESSURE TANK

LEGEND LAKES WATER ASSOCIATION - IL2015300

INADEQUATE PRESSURE TANK

LIBERTY PARK HOMEOWNERS ASSOCIATION - IL0435600

INADEQUATE PRESSURE TANK

LINDENWOOD WATER ASSOCIATION - IL1415300

INADEQUATE PRESSURE TANK

LISBON NORTH, INC. - IL0631000

INADEQUATE PRESSURE TANK

LONDON MILLS - IL0574620

INADEQUATE PRESSURE TANK

LYNN CENTER - IL0735100

INADEQUATE PRESSURE TANK

LYNNWOOD WATER CORPORATION - IL0995336

INADEQUATE PRESSURE TANK

M C L W SYSTEM, INC. - IL1315150

INADEQUATE SOURCE

MENARD RURAL WATER CO.(SWEETWATER SYSTEM)- IL1290010 5

INADEQUATE SOURCE CAPACITY

MOUND PWD - IL1635050

INADEQUATE PLANT CAPACITY

NORTHWEST BELMONT IMPRV ASSN - IL0435900

INADEQUATE PRESSURE TANK

OAK RIDGE SD - IL2035300

INADEQUATE PRESSURE TANK

OPHIEM PWS - IL0735150

INADEQUATE PRESSURE TANK

OSCO MUTUAL WATER SUPPLY COMPANY, INC. - IL0735200

INADEQUATE PRESSURE TANK

PANAMA - IL0054720

TTHM, DBP, INAD STORAGE

PATOKA - IL1210400

INADEQUATE PLANT CAPACITY

POLO DR AND SADDLE RD SUBDIVISION - IL0437000

INADEQUATE PRESSURE TANK

PORTS SULLIVAN LAKE OWNERS ASSOCIATION - IL0971160

INADEQUATE PRESSURE TANK

Environmental Register – January 2009

Illinois Environmental Protection Agency

Division of Public Water Supplies

Restricted Status List - Public Water Supplies

JANUARY 2009

SYSTEM NAME

RGN NATURE OF PROBLEM

DATE

PRAIRIE RIDGE ASSOCIATION - IL1115730

INADEQUATE PRESSURE TANK

RIDGECREST NORTH SUBDIVISION - IL0635250

INADEQUATE PRESSURE TANK

RIDGEWOOD LEDGES WATER ASSOCIATION - IL1615670

INADEQUATE PRESSURE TANK

RIDGEWOOD SUBDIVISION - IL1977650

INADEQUATE PRESSURE TANK

SHAWNITA TRC WATER ASSOCIATION - IL1977690

INADEQUATE PRESSURE TANK

SILVIS HEIGHTS WATER CORP - IL1615750

INADEQUATE HYDRO STORAGE

SKYVIEW SBDV - IL0915526

INADEQUATE PRESSURE TANK

ST CHARLES COMMSSION WELLFUND 3 - IL0437040

INADEQUATE PRESSURE TANK

STRATFORD WEST APARTMENTS - IL1095200

INADEQUATE PRESSURE TANK

SUBURBAN HEIGHTS SUBDIVISION - IL1615800

INADEQUATE PRESSURE TANK

SUMMIT HOMEOWNERS ASSOCIATION - IL0975280

INADEQUATE PRESSURE TANK

SUNNY HILL ESTATES SUBDIVISION - IL0735300

INADEQUATE PRESSURE TANK

SUNNYLAND SUBDIVISION - IL1977730

INADEQUATE PRESSURE TANK

SWEDONA WATER ASSOCIATION - IL1315200

INADEQUATE PRESSURE TANK

SYLVAN LAKE 1ST SUBDIVISION - IL0977100

INADEQUATE PRESSURE TANK

TOWNERS SUBDIVISION - IL0977250

INADEQUATE PRESSURE TANK

UTILITIES INC HOLIDAY HILLS - IL1115350

INADEQUATE PRESSURE TANK

UTL INC-LAKE HOLIDAY - IL0995200

INAD SOURCE & TREATMENT PLT

UTL INC-NORTHERN HILLS UTLITIES COMPANY - IL1775050

INADEQUATE PRESSURE TANK

UTL INC-WALK-UP WOODS WATER COMPANY - IL1115800

INADEQUATE PRESSURE TANK

WEST SHORE PARK SUBDIVISION - IL0977370

INADEQUATE PRESSURE TANK

WEST SHORELAND SUBDIVISION - IL0977050

INADEQUATE PRESSURE TANK

WIENEN ESTATES - IL0850030

INADEQUATE PRESSURE TANK

WONDER LAKE WATER COMPANY - IL1115750

INADEQUATE PRESSURE TANK

WATER SYSTEMS REMOVED FROM PREVIOUS LIST

York Center Co-op (IL0437550)

DENOTES ADDED WATER SUPPLIES

Environmental Register – January 2009

Illinois Environmental Protection Agency

Division of Public Water Supplies

Critical Review List - Public Water Supplies

JANUARY 2009

SYSTEM NAME

RGN NATURE OF PROBLEM

DATE

ANDALUSIA - IL1610050

INADEQUATE PRESSURE TANK

ARENZVILLE - IL0170050

INADEQUATE PRESSURE TANK

BEASON CHESTNUT PWD - IL1075150

INAD PLANT & SOURCE CAP

BROWNING - IL1690050

INADEQUATE SOURCE CAPACITY

CANTON – IL0570250

INSUFFICIENT TREATMENT CAPACITY

CASEYVILLE - IL1630250

INADEQUATE STORAGE

CEDARVILLE - IL1770050

EMERGENCY POWER

COLLINSVILLE – IL1194280

INADEQUATE STORAGE

COLUMBIA - IL1330050

INADEQUATE PUMPING CAPACITY

CROPPERS 1ST 4TH AND 5TH ADDITION - IL1615250

UNDERSIZED WATERMAINS

DE PUE - IL0110300

INADEQUATE TREATMENT PLANT

1729 12/15/1993

EDWARDSVILLE – IL1190250

INSUFFICIENT PLANT CAPACITY TO

HANDLE PEAK SYSTEM WATER DEMAND

EFFINGHAM – IL0490250

INADEQUATE DISINFECTION

ELIZABETH - IL0850150

LOW SYSTEM PRESSURE

ELLIS GROVE – IL1570200

INSUFFICIENT STORAGE CAPACITY

EXETER-MERRITT WATER COOP - IL1710010

INADEQUATE PRESSURE TANK

GALENA - IL0850200

LOW SYSTEM PRESSURE

GRIGGSVILLE – IL1490300

INADEQUATE TREATMENT PLANT CAPACITY 1259

HAMEL - IL1190450

INADEQUATE STORAGE CAPACITY

HOLIDAY SHORES SD - IL1195110

INADEQUATE STORAGE CAPACITY

JOY - IL1310100

LOW SYSTEM PRESSURE

LA MOILLE - IL0110500

INADEQUATE PLANT CAPACITY

LA SALLE - IL0990300

INAD PLANT & SOURCE CAPACITY

LACON - IL1230100

UNDERSIZED WATERMAINS

LEE - IL1034600

INADEQUATE PRESSURE TANK

MALDEN - IL0110550

UNDERSIZED WATERMAINS

MARION - IL1990550

INADEQUATE SOURCE CAPACITY

MARYVILLE – IL1190750

INADEQUATE STORAGE

MASON CITY - IL1250350

INADEQUATE STORAGE CAPACITY

MATHERSVILLE - IL1310200

INADEQUATE SYSTEM PRESSURE

MC HENRY SHORES WATER COMPANY - IL1115020

LOW SYSTEM PRESSURE

MECHANICSBURG-BUFFALO WTR CMSN - IL1675150

INADEQUATE SOURCE CAPACITY

Environmental Register – January 2009

Illinois Environmental Protection Agency

Division of Public Water Supplies

Critical Review List - Public Water Supplies

JANUARY 2009

SYSTEM NAME

RGN NATURE OF PROBLEM

DATE

O’FALLON – IL1631100

INADEQUATE STORAGE CAPACITY

OTTER LAKE WTR CMSN ADGPTV – IL1175200

INADEQUATE PLANT CAPACITY

SCALES MOUND - IL0850400

LOW SYSTEM PRESSURE

SENECA - IL0991050

INADEQUATE PLANT CAPACITY AND

UNDERSIZED WATER MAINS

SOUTH HIGHWAY PWD - IL0775400

LOW SYSTEM PRESSURE &

UNDERSIZED WATERMAINS

STOCKTON - IL0850450

LOW SYSTEM PRESSURE

SUMNER - IL1010300

LOW SYSTEM PRESSURE

1481 12/13/1985

UTL INC-LAKE MARIAN WATER CORPORATION - IL0895200

INAD PRES STORAGE & LOW SYS

WALNUT HILL - IL1210600

LOW SYSTEM PRESSURE

WATERLOO - IL1330300

INADEQUATE STORAGE

WITT – IL1350850

INADEQUATE TREATMENT CAPACITY

WORDEN - IL1191200

INADEQUATE STORAGE CAPACITY

WATER SYSTEMS REMOVED FROM PREVIOUS LIST

* DENOTES ADDED WATER SUPPLIES

Environmental Register – January 2009

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, 2009. 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.

Environmental Register

is published monthly by the Board, and

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

Springfield, Illinois 62794-9274