Illinois Environmental Law Blog--Chicago Environmental Attorney--Dave Scriven-Young » Dave Scriven-Young

Illinois Pollution Control Board Releases Environmental Register for February 2013

Dave Scriven-Young — Fri, 22 Mar 2013 03:31:14 +0000

The Illinois Pollution Control Board recently issued its Environmental Register for February 2013. The Environmental Register features a letter from Board Chairman Thomas Holbrook, which summarizes the activity that the Board has conducted in several rulemaking dockets.

The Environmental Register also contains a rulemaking update, including a summary of the Board’s adoption of a first notice opinion and order proposing two designations of aquatic life use (“ALU”) for the Chicago Area Waterway System (“CAWS”) and Lower Des Plaines River (“LDPR”). ALUs are assigned to individual waterbody segments based upon the potential to support that use according to narrative and numerical criteria. Water quality criteria are developed, monitoring is conducted, and assessments are made to determine whether waterbodies attain those uses. Here is how the Board describes the two designations proposed in the rulemaking:

“Generally CAWS ALU A waters are capable of supporting communities of native fish that are tolerant and moderately tolerant and may include sport fish species such as channel catfish, largemouth bass, bluegill, northern pike, and black crappie, and non-game fish species such as the creek chubsucker, spottail shiner, and orangespotted sunfish. The Board proposed as CAWS ALU A waters: Upper North Shore Channel, Lower North Shore Channel, North Branch of the Chicago River, South Branch of the Chicago River, Calumet-Saganashkee (Cal-Sag) Channel, Calumet River, Little Calumet River, Grand Calumet River, Lake Calumet, and Lake Calumet Connecting Channel.

“CAWS and Brandon Pool ALU B waters are capable of supporting primarily tolerant fish species, which may include central mudminnow, golden shiner, bluntnose minnow, yellow bullhead and green sunfish. The Board proposed as ALU B waters the Chicago Sanitary and Ship Canal and Brandon Pool. The Board proposed that the Upper Dresden Island Pool be classified as General Use based on its ability to meet the Clean Water Act goals. However, the Board will visit the issue of appropriate water quality standards for UDIP in Subdocket D. The Board also proposed language to establish effluent limits, as the Board indicated it would in Subdocket B.”

Click here for more detailed information on these new rules. The Environmental Register also contains a summary of actions of the Board, a summary of new cases, and the Board’s calendar.

Stay tuned to the Illinois Environmental Law Blog for more news and developments. To subscribe to this blog and and sign up for my free newsletter, go to http://illinoisenvironmentallaw.com/subscribe/. To set up a free initial consultation to discuss your legal matter, please contact Chicago environmental attorney Dave Scriven-Young at (312) 239-9722 or dscriven-young@pecklaw.com.

Reminder: “Adding Value With Environmental Law” Seminar is this Wednesday!

Dave Scriven-Young — Tue, 19 Mar 2013 03:17:45 +0000

You’re invited to register for “Adding Value with Environmental Law“, which is sponsored by the Chicago Bar Association’s Environmental Law Committee. This is the CBA’s annual environmental seminar and will take place this Wednesday, March 20th, from 3pm to 6pm at the Chicago Bar Association, 321 S. Plymouth Court. As a reminder, here’s the description of this great program:

The goal of this program is to provide information on the intersection of business and environmental law, with examples and discussions of ways in which companies and individuals can respond to environmental regulation in a productive, profitable manner. There will also be an update of state legislation relevant to environmental law. While some background in environmental law may be helpful, the content is appropriate for practitioners of all levels and for attorneys in all practice areas.

WASTE TO ENERGY
Stephen Thorn, Thorn & Associates LLC

SUPERFUND AND HAZARDOUS WASTE SITES: DISCOVERING PROFIT IN ECOSYSTEM CONSERVATION
J. Tim Bradburne, BB&J, LLC

CORPORATE GREEN
Ronald E. Meissen, Ph.D., P.E., Sr. Director Sustainability, Corporate Environment Health and Safety, Baxter Healthcare Corporation

LEGISLATIVE LIAISON UPDATE
David Scriven-Young, Peckar & Abramson, P.C.

Click here for more information and to register. I hope to see you there!

US EPA Administrator Lisa Jackson to Leave Post After State of the Union Address

Dave Scriven-Young — Thu, 27 Dec 2012 17:25:41 +0000

The Administrator of the U.S. Environmental Protection Agency, Lisa Jackson, has announced that she will be leaving the Obama administration after the President’s State of the Union Address in early 2013:

STATEMENT BY EPA ADMINISTRATOR LISA P. JACKSON ANNOUNCING HER LEAVING CABINET AFTER STATE OF UNION

Release Date: 12/27/2012 Contact Information: Alisha Johnson (NEWS MEDIA ONLY), johnson.alisha@epa.gov, 202-564-4373, 202-564-4355
WASHINGTON — I want to thank President Obama for the honor he bestowed on me and the confidence he placed in me four years ago this month when he announced my nomination as Administrator of the Environmental Protection Agency. At the time I spoke about the need to address climate change, but also said: “There is much more on the agenda: air pollution, toxic chemicals and children’s health issues, redevelopment and waste-site cleanup issues, and justice for the communities who bear disproportionate risk.” As the President said earlier this year when he addressed EPA’s employees, “You help make sure the air we breathe, the water we drink, the food we eat are safe. You help protect the environment not just for our children but their children. And you keep us moving toward energy independence…We have made historic progress on all these fronts.” So, I will leave the EPA confident the ship is sailing in the right direction, and ready in my own life for new challenges, time with my family and new opportunities to make a difference.

Illinois Federal Court Dismisses Asian Carp Lawsuit

Dave Scriven-Young — Tue, 11 Dec 2012 17:27:01 +0000

The Asian Carp lawsuit hit another bump in the road recently, when the U.S. District Court for the Northern District of Illinois dismissed the plaintiffs’ complaint and expressed skepticism on whether the case could continue. In that case, Michigan v. U.S. Army Corps of Engineers, No. 10 C 4457 (N.D. Ill.), a group of states bordering the Great Lakes sought an order requiring the U.S. Army Corps of Engineers and the Metropolitan Water Reclamation District of Greater Chicago to take action, including immediately creating physical barriers in the waterways connecting Lake Michigan and the Mississippi River Basin, to prevent Asian carp from migrating into Lake Michigan. Plaintiffs argued that Defendants’ failure to install physical barriers to physically separate the waterways will cause a public nuisance–i.e., the invasion of Asian carp–resulting in grave and irreversible environmental and economic harm to the entire Great Lakes region.

The Court ruled that Defendants’ actions could not constitute a public nuisance because their actions were fully authorized by federal law. In fact, the Court ruled that Plaintiff’s requested relief, physical separation, is actually unlawful. For example, the Rivers and Harbors Act prohibit entities from placing barriers in canals and navigable rivers, such as the Chicago Area Waterway System (also known as “CAWS”), without Congressional approval. Also, the Court cited certain appropriations acts that required Defendants to maintain and operate the CAWS in a manner that allows ships and other vessels to transit between Lake Michigan and the Des Plaines River. Hydrological separation, the Court ruled, “would not permit ‘through navigation’ and would therefore contravene the text and purpose of the appropriations acts.” The Court held that it did not have authority to order Defendants to take actions that would violate these statutes: “Congress, not the defendants, controls the question of whether the CAWS may be separated from Lake Michigan and this Court has no authority to require Congress to effect that separation, even where it may be necessary to prevent harms to third parties.”

The Court therefore dismissed Plaintiff’s complaint, although the Court held that Plaintiffs could amend its complaint. To successfully do so, however, Plaintiffs “will have to allege that the defendants’ failure to take steps short of full hydrologic separation suffice to cause the nuisance, i.e., the severe threat that the carp will reach the lake.” The Court stated that it was “skeptical” that the plaintiffs could do so, and it also stated that Plaintiffs “must come to grips with the fact that this Court cannot order the defendants to do what Congress has barred them from doing. . . . To state a valid claim, the plaintiffs must identify actions (or failures to act) that are within the scope of the defendants’ Congressionally-authorized discretion.”

Plaintiffs had a couple of options here, including trying to amend their complaint or standing on their complaint and appealing the District Court’s decision to the Seventh Circuit. In a recent filing, Plaintiffs notified the Court that it would stand on their complaint and take an immediate appeal.

Update on Fracking Legislation in the Illinois General Assembly

Dave Scriven-Young — Fri, 07 Dec 2012 05:23:22 +0000

I thought everyone would be interested in the following update from the Illinois Manufacturers’ Association concerning fracking legislation in the Illinois General Assembly:

“Following another marathon negotiating session that resulted in little movement between industry and the environmental community, several key state lawmakers met privately and intend to develop their own proposal that will be unveiled in the coming weeks. This bipartisan group will likely use the industry draft proposal that was developed collaboratively by the Illinois Manufacturers’ Association along with our partners in the Illinois Petroleum Council, Illinois Oil & Gas Association, Chamber of Commerce, and America’s Natural Gas Alliance over the past several months and refined during negotiations as a base for the final bill. With time winding down on the legislative session, the House of Representatives moved SB 3280 from the Rules Committee to the floor for possible use. After dozens of meetings and hours of negotiations with industry, environmentalists, Governor’s Administration and Attorney General, the IMA expects key lawmakers to author final tweaks to the bill before moving forward.

“The IMA is hopeful that a final bill will be considered before lawmakers adjourn on January 8. It will include chemical disclosure while protecting trade secrets, water management, wellhead protection, and include some setback provisions. Hydraulic fracturing is critical to Illinois’ economic future, especially in southern Illinois where the New Albany Shale is located. Energy production on private land has been one of the most promising economic success stories in recent years and provides great hope for Illinois if sensible regulations can be enacted into law. One economic study alone indicates that the consumer surplus alone in 2010 from shale gas production was worth more than $100 billion. It has the potential to create thousands of jobs in manufacturing, mining and transportation in Illinois. The IMA is a leading partner in the fight to enact commonsense regulations that incent the industry to develop in Illinois while protecting the environment. We appreciate the efforts of many lawmakers including Sen. Mike Frerichs, Sen. John Jones, Rep. John Bradley, Rep. Davis Reis and others who are working hard to pass strong legislation.”

Illinois Pollution Control Board Releases Environmental Register for October 2012

Dave Scriven-Young — Tue, 13 Nov 2012 05:51:50 +0000

The Illinois Pollution Control Board recently issued its Environmental Register for October 2012. The Environmental Register features a letter from Board Chairman Thomas Holbrook, which summarizes the activity that the Board has conducted in several rulemaking dockets.

The Environmental Register also contains a rulemaking update, including a summary of the Board’s adoption of final amendments to groundwater quality rules: “The final rules update to Part 620 is based upon new scientific data, federal rules, and technical references. Among other things, groundwater quality standards are added for 39 chemical constituents detected in Illinois groundwater that have toxicity values established by the United States Environmental Protection Agency (USEPA) or that have groundwater remediation objectives under the Tiered Approach to Corrective Action Objectives (TACO). Additionally, the Class I groundwater quality standard for arsenic is revised to reflect the new federal Maximum Contaminant Level (MCL). The amendments adopted by the Board are substantively unchanged from those proposed at first and second notice.” Click here for more detailed information on these new rules.

The Board took the following actions in other rulemaking dockets:

(1) Adopted proposed second notice amendments to update the Board’s water quality standard rules for boron, fluoride, and manganese,

(2) Adopted a proposal for public comment that would update the definition of “volatile organic material” in the Board’s air pollution regulations, and

(3) Proposed amendments to the Illinois regulations that are “identical in substance” to the drinking water regulations adopted by the U.S. Environmental Protection Agency.

The Environmental Register also contains a summary of actions of the Board, a summary of new cases, the Board’s calendar, and restricted status and critical review lists of public water supplies.

US EPA Settles Enforcement Action Against Lime Manufacturer for $350,000 Fine and $125,000 SEP

Dave Scriven-Young — Fri, 02 Nov 2012 15:23:47 +0000

The U.S. Environmental Protection Agency has settled claims alleging Clean Air Act violations against Carmeuse Lime, Inc., which has a lime manufacturing facility located at 3245 E. 103rd Street in Chicago.

According to EPA’s press release announcing the terms of the Consent Decree, “EPA and the city of Chicago conducted a joint investigation at the Carmeuse facility in response to complaints from nearby residents about excessive dust. The investigation revealed that poor maintenance at the facility allowed dust to be released to the surrounding neighborhood.”

Under the terms of the consent decree, the company will pay $350,000 as a civil penalty. In addition, the company will complete a supplemental environmental project (“SEP”) designed to protect families from lead-based paint hazards by replacing windows in a number of residential properties in the Englewood, West Englewood, or East Side neighborhoods of Chicago. The company will spend at least $125,000 to replace windows that pose lead hazard in low income residences whose occupants are unable to afford the replacement cost.

The consent decree also requires the company ”to upgrade and replace equipment and to improve maintenance and housekeeping practices. These changes will be incorporated in the facility’s air permit to dramatically reduce the amount of dust released into the neighborhood.”

Stay tuned to the Illinois Environmental Law Blog for more news and developments. To subscribe to this blog and sign up for my free newsletter, go to http://illinoisenvironmentallaw.com/subscribe/. To set up a free initial consultation to discuss your legal matter, please contact Chicago environmental attorney Dave Scriven-Young at (312) 239-9722 or dscriven-young@pecklaw.com.

Best Practices for Working with Regulators: From Investigation to Litigation

Dave Scriven-Young — Thu, 01 Nov 2012 14:53:13 +0000

I was recently a panelist for a program at the American Bar Association Young Lawyers Division‘s Fall Conference in Charleston, S.C. The program was entitled “Best Practices for Working with Regulators: From Investigation to Litigation” and also featured my friends Ross Feldmann and Christina Vassiliou Harvey. My presentation focused on dealing with U.S. EPA and State environmental agencies during the civil enforcement process. You can access the materials from the program here.

On a personal note, Charleston is a great city, with so much history, culture, and events. I’ll definitely be back!

Illinois Town Settles State Enforcement Action Alleging Clean Water Act Violations

Dave Scriven-Young — Mon, 17 Sep 2012 04:59:40 +0000

The Illinois Town of Cortland recently filed documents in the Illinois Pollution Control Board settling a state enforcement action, People v. Town of Cortland, PCB No. 11-67, which involved the town’s wastewater spray irrigation fields and rigs located east of the town. The Illinois Environmental Protection Agency received citizen complaints about the town’s spray irrigation system, including that the irrigation system was spraying wastewater directly onto an adjacent field and road for between 30 and 60 minutes. The town’s Water Pollution Control Permit does not allow for wastewater to be sprayed on land other than the permitted spray fields. At the point of the discharge onto the road, there is a roadside stormwater ditch that drains to Union Ditch # 1, which is a tributary to the Kishwaukee River.

The State alleged that the town violated the Illinois Environmental Protection Act and environmental regulations, including the water pollution prohibition, failure to comply with a state operating permit, and the creation of a water pollution hazard. The town did not affirmative admit the allegations of the State’s complaint; however, the town agreed to a settlement payment of a $3,000 penalty plus an agreement to cease and desist from further violations.

Florida Transportation Builder Article on Storm Water Compliance for Contractors

Dave Scriven-Young — Thu, 13 Sep 2012 12:07:36 +0000

I am pleased to announce that Florida Transportation Builder Magazine recently published my article, “Top Five Tips for Contractors to Ensure Storm Water Compliance.” My article discusses enforcement actions for alleged violations of storm water regulations against the construction industry by the U.S. Environmental Protection Agency and the U.S. Department of Justice at sites around the country. The article provides tips on how contractors can avoid being caught in the enforcement net. You can read my article by clicking here.