1. Hot Topics: Key Environmental Issues For Municipalities
Claire A. Manning Presentation
Illinois Municipal League
Annual Conference
Chicago, Illinois 2014

2. ILLINOIS ENVIRONMENTAL FRAMEWORK
IEPA
Pollution Control Bd.
Attorney General
USEPA/Reg V/D.C.
[The Ill. Legislature]

3. Illinois Municipalities - A Tale of Two Roles
The Regulated. The Regulator.

4. Developments For the Regulated
#1 IEPA: New Administrative Citations Authority (P.A , 8/4/14)
PWS to designate a Responsible Operator
Operator Can Receive an AC fine ($500-$1500)
Record Keeping Violations
Same procedure as open dumping

5. Developments For the Regulated
#2 More Stringent Ammonia Nitrogen WQ Standard for Chicago Area Waterway System
CAWS Rulemaking – R 08-9 (IEPA, Environmental Groups, MWRD, Industry)
Designated Use Determination
Aquatic Life Standard
Municipal Impact
– What river basin is next?

6. Developments For the Regulated
#3 Legislation Pending to Make Changes to IEPA’s Revolving Loan Program, HB 4382 (pending)
New definition of “treatment works” – Greater eligibility for funding
Stormwater runoff and treatment systems
Industrial waste systems
Combined stormwater and sanitary sewer systems
IEPA to Make Loans through Linked Deposit
Would be authorized to provide financial assistance through private lenders for eligible non-point source pollution control projects.
IEPA directed to promulgate rules
To prioritize loans
To encourage green infrastructure water efficiency, environmentally innovative projects, and nutrient pollution removal

7. Developments For the Regulated
#5 Road Salt
IEPA Enforcement Efforts Re: Salt Piles
Future Developments?
Future municipal impact?
$$$$$

8. As the Regulator….Legal Authority.
Municipal Environmental Regulatory Authority
General municipal authority
Ordinance Authority (Home-rule status)
Protection of public health and safety
Zoning authority (except landfills)
Caution: Preemption
Federal Preemption: CWA; CAA; SWDA; RCRA; CERCLA
State Preemption: Environmental Protection Act; IPCB; IEPA.

9. As the Regulator….Siting or Permitting Authority
State Law:
Pollution Control Facilities (Landfills, Transfer Stations, etc.)
Windfarms (Pending: S.B. 3263)
Recent Pollution Control Facility Siting Case: PCB – Village of Round Lake:
Fundamentally fair
No predetermined outcome
Based upon application, hearing, record
Supported by evidence

10. As the Regulator….Filing Enforcement Actions
Citizen’s Complaint – City as Citizen (Ill Const. Art. XI §2) – Federal as well (CWA, CERCLA, CAA, Etc.)
Enforcement of:
Illinois Environmental Protection Act
IPCB Order
IPCB regulation
IEPA permit
Federal Laws (federal court)
Jurisdictional Issue: PCB Dismissed
Challenge to Clinton Landfill (Champaign, Urbana,
Bloomington, Normal, Decatur, Savoy)

11. As the Regulator….Waste & Recycling Hauling Issues
“Household goods recycling bins” now subject to municipal regulation, PA (8/26/14)
Waste haulers operating in 6 northern counties required to offer recycling to businesses, PA (8/26/14)

12. On the Horizon for Municipalities

13. Government Going Green
Property Assessed Clean Energy (PACE)
65 ILCS 5/1-1-11, P.A , eff ; , eff
A municipality may enter into voluntary agreements with the owners of property within the municipality to provide for contractual assessments to finance the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to real property.

14. CONTACT INFORMATION
Claire A. Manning
Brown, Hay & Stephens, LLP
205 S. Fifth Street
Springfield, Illinois
Tel , ext. 244
Fax