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City says appeals court upheld state'ordered coal-ash closure; IEPA expected to issue noncompliance notice
Summary
At an Environment & Sustainability meeting, city staff reported a March 2026 appeals-court ruling sided with the city and state requiring a closure permit for the fly-ash ponds at the former Midwest Generation/NRG site; staff said the Illinois EPA acknowledged it had not issued the closure permit and a noncompliance notice will trigger a formal public process.
Waukegan staff told the Environment & Sustainability Committee that an appeals court in March 2026 upheld the state'level requirement to obtain a closure permit for coal-ash ponds at the power-plant site, a decision the city described as validating its long-running demand for closure and remediation steps.
Thomas Maynard, director of government relations, recapped the history: NRG (formerly Midwest Generation) sought an adjusted standard in 2021 that would have avoided closure permits for certain ash ponds. The state denied the petition in March 2025, NRG appealed, and in March 2026 the appeals court sided with the city and state. The city later met Illinois EPA staff on June 22; Maynard reported IEPA agreed it had not issued the required closure permit and will initiate a noncompliance process that includes notice, a cure period, and then a formal closure-permit process with public hearings and updated remedial plans.
Maynard said the city remains prepared to pursue state legislation to strengthen protections and to continue meeting with NRG while pursuing federal and state grant opportunities. He emphasized Illinois laws offering stricter controls than recent federal rule changes and noted the Illinois attorney general has taken national enforcement actions to preserve protections.
Committee members and residents asked clarifying questions about the presence of ash, the city's engagement with IEPA, and next steps in the permitting process. Staff said sampling and regulatory steps will proceed through the IEPA'managed sequence once noncompliance is formally declared.
The city framed the appeals-court outcome as a substantial procedural victory that moves the regulatory process forward toward public review and final closure plans.
