The Illinois General Assembly recently enacted and sent to Governor Quinn Senate Bill 3070, which amends the Illinois Environmental Protection Act to prevent carcinogenic volatile organic compounds from exceeding their maximum contaminant levels in the finished water of community water systems by requiring owners and operators of community water systems to take appropriate action when carcinogenic volatile organic compounds are detected in finished water.
If a carcinogenic volatile organic compound is detected in the finished water of a community water system at a certain level (equal to or more than 50% of the maximum contaminant level), and the Illinois Environmental Protection Agency issues a notice based on the presence of the carcinogenic volatile organic compound, then the owner or operator of that system must submit a response plan that meets certain requirements to the Illinois EPA. The response plan must be designed to (i) prevent an exceedence of the maximum contaminant level in the finished water and (ii) reduce the concentration of the carcinogenic volatile organic compound so that it does not exceed the applicable method detection limit in the finished water. The response plan must also include periodic sampling designed to measure and verify the effectiveness of the response plan.
When approving, modifying, or denying a plan, the Illinois EPA must take into account the technical feasibility and economic reasonableness of the plan and any modification to the plan. The bill makes it a violation of the Environmental Protection Act for a person who is required to do so to fail (i) to submit a response plan, (ii) to implement a response plan, or (iii) to submit certain reports.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Monday, June 21, 2010
Sunday, June 20, 2010
Environmental Register for May 2010
The Illinois Pollution Control Board has issued its Environmental Register publication for May 2010.
The Environmental Register features a letter from Chairman Girard, a rulemaking update, a summary of actions of the Board, information about a provisional variance, the Board's calendar, and Class III Groundwater Final Listing Notices.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
The Environmental Register features a letter from Chairman Girard, a rulemaking update, a summary of actions of the Board, information about a provisional variance, the Board's calendar, and Class III Groundwater Final Listing Notices.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Friday, June 18, 2010
Contamination Claims Against Dry Cleaner Allowed to Proceed in Federal Court
The U.S. District Court for the Northern District of Illinois recently issued an opinion in Tinaglia Family L.P. v. North Shore Cleaners, Inc., No. 09 C 6031, which concerned the Plaintiff's commercial and residential property in Glencoe, Illinois. The Plaintiff's property is adjacent to property owned by the Defendants, who operate a dry cleaning establishment on site.
According to the complaint, there has been and continues to be a release of hazardous substances on the dry cleaning property and that the hazardous substances have migrated to adjacent properties including the Plaintiff's property. In 2002, Defendants allegedly hired an environmental consultant to investigate a possible contamination problem. The Plaintiff allegedly signed an agreement providing consent for Defendants’ consultant to test the Plaintiff's property. Pursuant to that agreement, Defendants were also required to provide Plaintiff with the results of all tests. According to Plaintiff, Defendants falsely reported to the Plaintiff both orally and in writing that there was no contamination on the Plaintiff's property. The Plaintiff allegedly believed the representations, relied on them, and took no further action to investigate the issue. In February 2008, the Plaintiff allegedly attempted to sell its property, and as part of the sale, the lender required an environmental assessment. The assessment allegedly showed that the Plaintiff's property was contaminated by the hazardous substances that had migrated from the dry cleaning property.
The Defendants moved to dismiss the complaint, which was based on the Comprehensive Environmental Response, Compensation, and Liability Act (more commonly known as Superfund), the Resource Conservation and Recovery Act, negligence, trespass, private nuisance, breach of contract, intentional misrepresentation, and negligent misrepresentation. The Court denied the motion to dismiss and ruled that the Plaintiff had alleged enough facts in the complaint to proceed with its claims.
There have been several instances where claims have been made against dry cleaners for contamination, because of the use of hazardous chemicals, including perchloroethylene (perc), by those establishments. As dry cleaners become "greener" and use less hazardous chemicals, we expect less claims to be made against those establishments.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
According to the complaint, there has been and continues to be a release of hazardous substances on the dry cleaning property and that the hazardous substances have migrated to adjacent properties including the Plaintiff's property. In 2002, Defendants allegedly hired an environmental consultant to investigate a possible contamination problem. The Plaintiff allegedly signed an agreement providing consent for Defendants’ consultant to test the Plaintiff's property. Pursuant to that agreement, Defendants were also required to provide Plaintiff with the results of all tests. According to Plaintiff, Defendants falsely reported to the Plaintiff both orally and in writing that there was no contamination on the Plaintiff's property. The Plaintiff allegedly believed the representations, relied on them, and took no further action to investigate the issue. In February 2008, the Plaintiff allegedly attempted to sell its property, and as part of the sale, the lender required an environmental assessment. The assessment allegedly showed that the Plaintiff's property was contaminated by the hazardous substances that had migrated from the dry cleaning property.
The Defendants moved to dismiss the complaint, which was based on the Comprehensive Environmental Response, Compensation, and Liability Act (more commonly known as Superfund), the Resource Conservation and Recovery Act, negligence, trespass, private nuisance, breach of contract, intentional misrepresentation, and negligent misrepresentation. The Court denied the motion to dismiss and ruled that the Plaintiff had alleged enough facts in the complaint to proceed with its claims.
There have been several instances where claims have been made against dry cleaners for contamination, because of the use of hazardous chemicals, including perchloroethylene (perc), by those establishments. As dry cleaners become "greener" and use less hazardous chemicals, we expect less claims to be made against those establishments.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Tuesday, June 8, 2010
Illinois Legislature Passes Bills To Encourage Solar Energy Use
The Illinois General Assembly recently passed two bills, now awaiting signature by Governor Quinn, that encourage the use of solar energy in Illinois:
HB6202 amends the Illinois Power Agency Act to provide annual targets to move towards the 6% solar requirement in the State's renewable portfolio standard, which was signed into law in 2007 and required that utilities in Illinois produce a certain percentage of their power from renewable sources, starting with 2% in 2008 and increasing to 25% by 2025. Prior to HB6202, the 6% solar requirement came into effect in 2015. The new law will require that utilities begin meeting their solar goals on an earlier schedule: 0.5% by June 1, 2012; 1.5% 12 by June 1, 2013; 3% by June 1, 2014; and 6% by June 1, 2015 and thereafter.
HB5429 creates the Homeowners' Solar Rights Act, which prohibits adoption of a bylaw or exercise of any power by a homeowners' association, common interest community association, or condominium unit owners' association that prohibits or has the effect of prohibiting the installation of a solar energy system. A "solar energy system" is defined as "(1) a complete assembly, structure, or design of solar collector, or a solar storage mechanism, which uses solar energy for generating electricity or for heating or cooling gases, solids, liquids, or other materials; and (2) the design, materials, or elements of a system and its maintenance, operation, and labor components, and the necessary components, if any, of supplemental conventional energy systems designed or constructed to interface with a solar energy system."
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
8/21/10 UPDATE: Governor Quinn signed the bills into law on August 17, 2010. For more information, click here.
HB6202 amends the Illinois Power Agency Act to provide annual targets to move towards the 6% solar requirement in the State's renewable portfolio standard, which was signed into law in 2007 and required that utilities in Illinois produce a certain percentage of their power from renewable sources, starting with 2% in 2008 and increasing to 25% by 2025. Prior to HB6202, the 6% solar requirement came into effect in 2015. The new law will require that utilities begin meeting their solar goals on an earlier schedule: 0.5% by June 1, 2012; 1.5% 12 by June 1, 2013; 3% by June 1, 2014; and 6% by June 1, 2015 and thereafter.
HB5429 creates the Homeowners' Solar Rights Act, which prohibits adoption of a bylaw or exercise of any power by a homeowners' association, common interest community association, or condominium unit owners' association that prohibits or has the effect of prohibiting the installation of a solar energy system. A "solar energy system" is defined as "(1) a complete assembly, structure, or design of solar collector, or a solar storage mechanism, which uses solar energy for generating electricity or for heating or cooling gases, solids, liquids, or other materials; and (2) the design, materials, or elements of a system and its maintenance, operation, and labor components, and the necessary components, if any, of supplemental conventional energy systems designed or constructed to interface with a solar energy system."
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
8/21/10 UPDATE: Governor Quinn signed the bills into law on August 17, 2010. For more information, click here.
Monday, June 7, 2010
100,000 Pounds of Fish Collected, But No Asian Carp Found in Latest Fishkill Operation
The Illinois Department of Natural Resources recently reported that its latest fishkill operation did not turn up any Asian carp. This is part of the research operation to prevent the carp from entering the Great Lakes.
Biologists applied "the fish toxicant Rotenone to a more than two-mile stretch of the waterway at T.J. O’Brien Lock and Dam as a part of ongoing Asian carp sampling efforts by the Asian Carp Regional Coordinating Committee (RCC). The length and location of the application and fish removal area was chosen to maximize the opportunity to capture Asian carp by including a variety of habitats along a substantial length of river channel that has had a high frequency of positive eDNA detections. In addition to the Rotenone action, simultaneous electrofishing and commercial netting will take place between the downstream block net and Acme Bend."
The results: "[O]ver 100,000 pounds of fish [were collected] during the week-long operation. Over 40 species of fish were collected, though no Bighead or Silver Asian carp were found."
A similar operation was conducted in December 2009. That effort "yielded one Bighead carp caught just above the Lockport Lock and Powerhouse approximately six miles downstream of the electric barrier. No Asian carp have been found above the electric barrier to date."
Please click here and here for the full IDNR press releases concerning the latest round of sampling.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Biologists applied "the fish toxicant Rotenone to a more than two-mile stretch of the waterway at T.J. O’Brien Lock and Dam as a part of ongoing Asian carp sampling efforts by the Asian Carp Regional Coordinating Committee (RCC). The length and location of the application and fish removal area was chosen to maximize the opportunity to capture Asian carp by including a variety of habitats along a substantial length of river channel that has had a high frequency of positive eDNA detections. In addition to the Rotenone action, simultaneous electrofishing and commercial netting will take place between the downstream block net and Acme Bend."
The results: "[O]ver 100,000 pounds of fish [were collected] during the week-long operation. Over 40 species of fish were collected, though no Bighead or Silver Asian carp were found."
A similar operation was conducted in December 2009. That effort "yielded one Bighead carp caught just above the Lockport Lock and Powerhouse approximately six miles downstream of the electric barrier. No Asian carp have been found above the electric barrier to date."
Please click here and here for the full IDNR press releases concerning the latest round of sampling.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Friday, June 4, 2010
U.S. EPA Cites Developer for Alleged Stormwater Violations
U.S. EPA Region 5 recently issued a complaint and final order against Sharp Homes-Hunter’s Ridge Development and Charles D. Sharp for failure to comply with federal stormwater rules. EPA alleges that the defendant (a Joliet, Illinois company) failed to prevent or minimize discharges, initiate stabilization measures, conduct inspections and maintain proper records.
According to EPA, "construction on more than five acres of land being developed for homes allegedly caused discharges of storm water through sewers, surface runoff and discharge pipes to Aux Sable Creek, a tributary to the Illinois River. Procedures for erosion control, as required by a National Pollutant Discharge Elimination System, were not followed."
A penalty of $15,000 has been assessed.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
According to EPA, "construction on more than five acres of land being developed for homes allegedly caused discharges of storm water through sewers, surface runoff and discharge pipes to Aux Sable Creek, a tributary to the Illinois River. Procedures for erosion control, as required by a National Pollutant Discharge Elimination System, were not followed."
A penalty of $15,000 has been assessed.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Wednesday, June 2, 2010
Settlement of State Enforcement Action Alleging Asbestos-Related Violations
The Illinois Pollution Control Board recently accepted the parties' stipulation and proposed settlement in People v. Schultz, PCB 09-74, which concerned the defendant's property located at 400 N. Ninth Street, Springfield, Sangamon County, Illinois. The property is a commercial building (Building T), formerly a part of St. John’s Hospital of the Sisters of the Third Order of St. Francis.
The State alleged that the defendant violated the Illinois Environmental Protection Act and environmental regulations by not providing timely advance notification of renovation; failing to properly wet, collect, and deposit “regulated asbestos-containing material” (RACM); improperly disposing of RACM; and by failing to have a person properly trained in NESHAPs requirements present during the renovation activities.
According to the terms of the settlement, the defendant admits the alleged violations and agrees to pay a civil penalty of $7,000.00.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
The State alleged that the defendant violated the Illinois Environmental Protection Act and environmental regulations by not providing timely advance notification of renovation; failing to properly wet, collect, and deposit “regulated asbestos-containing material” (RACM); improperly disposing of RACM; and by failing to have a person properly trained in NESHAPs requirements present during the renovation activities.
According to the terms of the settlement, the defendant admits the alleged violations and agrees to pay a civil penalty of $7,000.00.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
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