1. No. 419 Happy New Year !! January 9, 1991
Printed by Authority of the State of Illinois, January 9, 1991, 3,700 copies, order #57701.
ENVIRONMENTAL REGISTER
ENVIRONMENTAL REGISTER
No. 419
Happy New Year
!!
January 9, 1991
R86-14 BORDEN CHEMICALS
The Board adopted a final rule granting site-specific relief
to Borden Chemicals & Plastics Operating Limited Partnership
for total dissolved solids and chloride discharged from its
Illiopolis, Illinois plant. The new regulations are found at 35 Ill.
Adm. Code 303.431 and 304.211. The Board found that the
environmental impact of the discharge is minimal, and that
costs to comply in the range of $17 - 80 million are not
economically reasonable.
NO INCREASED OIL TO LAKE MICHIGAN
Between December 14 and 18 a number of news media
carried stories referring to allegations that the IEPA and Board
had allowed Commonwealth Edison's Zion plant to discharge
excessive oil and grease to Lake Michigan.
In fact the company received a provisional variance
(PCB 90-223) allowing the rerouting of an existing discharge
while a damaged effluent storage tank is repaired. The
variance allows measurement of oil and grease at a point prior
to wastewater entering an oil-water separator. The limit at this
point was set at 75 mg/l. After treatment by the oil-water
separator the actual discharge to the Lake is expected to be
15 mg/l which is the amount allowed in the current permit.
The configuration of the piping makes it impossible to
accurately measure the actual discharge.
No increase in the discharge of oil and grease to the Lake
is expected as a result of the provisional variance. The
original order was issued November 29, 1990 and a
supplemental opinion on December 20.
BOARD ACCEPTS RULEMAKING PETITION TO
REQUIRE USE OF RECYCLED PAPER
On December 4, 1990, the Board accepted a rulemaking
proposal (docket R90-24) filed by Business and Professional
People for the Public Interest (BPI). BPI asks the Board to
amend its procedural rules to require the use of recycled paper
for all documents filed by attorneys with the Board.
Alternatively, BPI proposes that the procedural rules
encourage the use of recycled paper. On December 20, 1990,
the Board established a comment period to allow all interested
persons to comment on the proposal. In addition to issues
generally raised by the proposal, the Board requests comment
on three issues:
1. Whether the photocopiers generally
used by those appearing before the Board
are compatible with recycled paper;
2. Whether the scope of the proposal
should be expanded to include documents
filed by organized environmental and trade
groups, whether or not those groups are
represented by attorneys; and
3. What sanctions should be imposed for
failure to comply with required use of
recycled paper.
All written comments shall be received by the Board no later
than Friday, January 18, 1991. In addition to filing comments
with the Board, copies of all comments shall be sent to the
following:
Howard A. Learner Bonnie Eynon Meyer
BPI
DENR
17 E. Monroe St.,
325 W. Adams,
Suite 212
Room 300
Chicago, IL 60603
Springfield, IL 62701
(addresses continued on next page)
Environmental Register No. 419
January 9, 1991/Page 2
Susan Schroeder
Illinois Environmental Protection Agency
2200 Churchill Road
P.O. Box 19276
Springfield, IL 62794-9276
Question about this proceeding may be directed to
Elizabeth Schroer Harvey at 312/814-6921.
PUBLIC WATER SUPPLIES RESTRICTED STATUS AND
CRITICAL REVIEW LISTS
The Illinois Environmental Protection Agency, Division of
Public Water Supplies, Permit Section, is publishing copies of
the Division's Restricted Status and Critical Review lists in this
issue of the Environmental Register. The lists are being
published here as part of the quarterly notification to the
public. The lists have been slightly modified to reflect changes
made since the previous publication.
BOARD AND STAFF ACTIVITIES
Chairman Marlin spoke on Trends in Environmental
Regulations at the Environmental Health and Safety
Conference sponsored by Eaton Corporation on December
12th.
Board Member, Jacob D. Dumelle, received the Chicago
Lung Association's Environmental Service Award at its annual
Christmas Seal Awards Dinner on November 15, 1990 in
Chicago. The citation read, "Throughout the years, Mr.
Dumelle has worked closely with Chicago Lung Association to
establish regulations to protect the environment. The most
recent example was the regulation to cut ozone producing
gasoline vapors by more than 100 tons a day."
On December 14th, Mr. Dumelle spoke on "Views of a
Regulator" to employees of Armour-Eckrich Co. at a seminar
conducted by the Illinois Institute of Technology in Hickory
Hills. On December 28th Mr. Dumelle spoke on "Emerging
Environmental Problems" to a group of young professionals
from Asia, Latin America, the Middle East and Africa at a
seminar sponsored by the International Visitors Center of
Chicago.
FINAL ACTIONS - DECEMBER 20, 1990 BOARD
MEETING.
PCB 86-180
The Ceco Co. v. IEPA - The Board struck Condition 2(d) of the September 11, 1986 IEPA modified closure plan for
petitioner's Cook County facility and affirmed the imposition of conditions 1, 2(c), 3, 11, 13, 15, 16, 18 and 20.
PCB 86-193
Bill Aden, et al v. City of Freeport - The Board denied respondent's second petition to modify the Board's September
8, 1988 Supplemental Opinion and Final Order to extend the compliance deadline for its Stephenson County facility.
PCB 88-52
City of Ottawa v. IEPA - The Board granted petitioner's motion for modification of its August 4, 1988 Order
concerning a one-year extension of the completion date for Phase I of respondent's sewer separation program in
LaSalle County. Board Members J.D. Dumelle and J. Theodore Meyer dissented.
PCB 88-84
The Nutrasweet Co., et al v. IEPA - The Board granted petitioners motion for modification of its December 15, 1988
Order to extend the date by which it must apply for any construction permits for its Will County facility.
PCB 89-89
Motor Wheel Corp. Inc., v. IEPA - This matter was dismissed on petitioner's motion.
PCB 90-46
Rockford Drop Forge Co. v. IEPA - The Board affirmed the Agency's decision denying petitioner's application for
reimbursement from the Underground Storage Tank Fund for corrective action costs concerning its Winnebago
County facility. Board Members J. Anderson and J.D. Dumelle dissented.
PCB 90-53
Industrial Fuels & Resources/Illinois, Inc., v. City Council of the City of Harvey - The Board denied petitioner's motion
for reconsideration of its September 27, 1990 Order which upheld respondent's denial of siting approval for a Cook
County facility. Board Member M. Nardulli concurred and Board Members B. Forcade and J. Theodore Meyer
dissented.
PCB 90-88
People of the State of Illinois v. Eldon Swedberg, d/b/a Eldon Swedberg Swine Farm - The Board accepted the
Stipulation and Settlement Agreement in which respondent admitted to past violations of the Act, agreed to pay a civil
penalty of $4,000 and to cease and desist from alleged violations concerning its Tazewell County facility. Board
Members J.D. Dumelle and J. Theodore Meyer dissented.
PCB 90-127
People of the State of Illinois v. Westvaco Corp., a Delaware Corp. - The Board accepted the Stipulation and
Settlement Agreement in which respondent did not admit to violations and agreed to pay $1,600 into the
Environmental Protection Trust Fund concerning its Cook County facility. Board Members J.D. Dumelle and J.
Theodore Meyer dissented.
PCB 90-139
People of the State of Illinois v. Illinois Valley Paving Co., an Illinois Corp. - The Board accepted the Stipulation and
Settlement Agreement in which respondent denied the alleged violations and agreed to pay $15,000 into the
Environmental Protection Trust Fund concerning its facility in Scott and Clinton Counties. Board Members J.D.
Dumelle and J. Theodore Meyer dissented.
PCB 90-142
Pulitzer Community Newspapers, Inc. v. IEPA - The Board reversed the Agency's determination that Pulitzer is not
eligible for reimbursement from the Underground Storage Tank Fund for corrective action costs concerning its Cook
Environmental Register No. 419
January 9, 1991/Page 3
County facility, remanded the matter to the Agency for a determination of the reasonableness of costs incurred and
closed the docket.
PCB 90-162
Village of Plainfield v. IEPA - The Board reissued its November 29, 1990 Order with the addition of Condition (L)
involving costs relating to its Will County facility. Board Members J.D. Dumelle and B. Forcade dissented.
PCB 90-163
Erwin Hediger, et al v. D & L Landfill, Inc. et al. - The Board affirmed the decision of the Bond County Board of
Supervisors granting site location suitability approval for a regional pollution control facility in Bond County. Board
Member J.D. Dumelle dissented.
PCB 90-166
City of Genoa v. IEPA - The Board accepted the Agency Recommendation and granted petitioner variance, with
conditions, from the Board's public water supplies regulations concerning Standards for Issuance and Restricted
Status relating to the standard for radium in drinking water for its DeKalb County facility. Board Members J.D.
Dumelle and B. Forcade dissented.
PCB 90-223
Commonwealth Edison Co., Zion Power Station v. IEPA - The Board issued a clarifying opinion in this matter relating
to its Order granting provisional variance to allow time to do needed maintenance work at petitioner's Lake County
waste water treatment plant. Board Member J.D. Dumelle dissented.
PCB 90-232
Mobil Oil Corp. v. IEPA - The Board accepted the Agency Recommendation and granted petitioner provisional
variance from the Board's waste disposal regulations concerning 90-day on-site limitations for hazardous wastes at its
Will County facility.
PCB 90-233
Mobil Oil Corp. v. IEPA - The Board accepted the Agency Recommendation and granted petitioner provisional
variance from the Board's waste disposal regulations concerning 90-day on-site limitations for hazardous wastes at its
Will County facility.
PCB 90-234
DAP, Inc. v. IEPA - The Board accepted the Agency Recommendation and granted petitioner provisional variance
from the Board's waste disposal regulations concerning 90-day on-site limitations for hazardous wastes at its Cook
County facility.
PCB 90-235
FPM Heat Treating, Inc. v. IEPA - The Board accepted the Agency Recommendation and granted petitioner
provisional variance from the Board's waste disposal regulations concerning 90-day on-site limitations for hazardous
wastes at its Cook County facility.
PCB 90-236
Dixline Corp. v. IEPA - The Board accepted the Agency Recommendation and granted petitioner provisional variance
from the Board's waste disposal regulations concerning 90-day on-site limitations for hazardous wastes at its Henry
County facility.
PCB 90-237
Burlington Northern Railroad v. IEPA - The Board accepted the Agency Recommendation and granted petitioner
provisional variance from the Board's waste disposal regulations concerning 90-day on-site limitations for hazardous
wastes at its Knox County facility.
PCB 90-238
Metal Finishing Research Corp. v. IEPA - The Board accepted the Agency Recommendation and granted petitioner
provisional variance from the Board's waste disposal regulations concerning 90-day on-site limitations from
hazardous wastes at its Cook County facility.
PCB 90-241
Indian Refining Co. V. IEPA - The Board accepted the Agency Recommendation and granted petitioner provisional
variance, with conditions, from the Board's air pollution regulations concerning sulfur dioxide emissions at its
Lawrence County facility. Board Member J.D. Dumelle dissented.
AC 89-207
IEPA v. Chicago Heights Refuse Depot, Inc. - The Board denied respondent's request to vacate its November 2,
1989 Default Order for being not timely filed and stating no basis for relief.
AC 89-231
IEPA v. Leon Lamet - This matter was dismissed on the Board's own motion.
AC 90-27
IEPA v. Johnson Blackwell - The Board granted petitioner's motion to reconsider and upon reconsideration, affirmed
its August 30, 1990 Order. Board Member B. Forcade dissented.
AC 90-40
Tazewell County, et al v. Steve Zimmerman and Waste Ltd., Inc. - This matter was dismissed on respondents'
motion.
AC 90-86
IEPA v. Roy Frietsch - The Board found respondent violated Section 21(p)(5) of the Act and imposed a fine of $500.
AC 90-87
County of Jackson v. Everett Allen, d/b/a Allen Waste Management - The Board found respondent violated Section
Environmental Register No. 419
January 9, 1991/Page 4
21(p)(11) of the Act and imposed a fine of $500.
AC 90-88
County of Jackson v. Everett Allen d/b/a Allen Waste Management - The Board found the administrative citation
deficient and dismissed this action.
NEW CASES - DECEMBER 20, 1990 BOARD MEETING
PCB 90-224
City of Prospect Heights v. IEPA - Petitioner seeks variance from the Board's public water supplies regulations
relating to Standards for Issuance and Restricted Status concerning radium-225 and radium-226 for its Cook County
facility. Held for Agency Recommendation.
PCB 90-225
BF Goodrich Corp., (Henry Plant) v. IEPA - Petitioner seeks permit review concerning its Marshall County facility.
Accepted for hearing.
PCB 90-226
City of Toluca v. IEPA - Petitioner seeks variance from the Board's public water supplies regulations relating to
Standards for Issuance and Restricted Status concerning radium 224 and radium 226 and gross alpha particle activity
for its Marshall County facility. Held for Agency Recommendation.
PCB 90-227
DMI, Inc. v. IEPA - Petitioner seeks variance for its Woodford County facility. Additional information requested.
PCB 90-228
City of Mt. Vernon v. IEPA - Petitioner seeks variance for its Jefferson County water treatment plant. Additional
information requested.
PCB 90-229
North Suburban Public Utility Co. v. IEPA - Petitioner seeks variance from the Board's public water supplies
regulations relating to Standards for Issuance and Restricted Status concerning the combined radium-226 and radium
228 content for its Cook County facility. Held for Agency Recommendation.
PCB 90-230
People of the State of Illinois v. F.S. Madison Service Co., a farmer-owned service - Complainant alleges violations of
the Act and Board air pollution regulations at respondent's Madison County facility. Hearing mandatory.
PCB 90-231
Frank Whitlock, et al v. Montgomery County Board of Supervisors et al. - Petitioners seek review of the Montgomery
County Board of Supervisors' decision granting site location suitability approval for a Montgomery County landfill.
Accepted for hearing.
PCB 90-232
Mobil Oil Corp. v. IEPA - See Final Actions.
PCB 90-233
Mobil Oil Corp. v. IEPA - See Final Actions.
PCB 90-234
DAP, Inc. v. IEPA - See Final Actions.
PCB 90-235
FPM Heat Treating, Inc. v. IEPA - See Final Actions.
PCB 90-236
Dixline Corp. v. IEPA - See Final Actions.
PCB 90-237
Burlington Northern Railroad v. IEPA - See Final Actions.
PCB 90-238
Metal Finishing Research Corp. v. IEPA - See Final Actions.
PCB 90-239
Madison County Conservation Alliance, et al v. Madison County and Environmental Control Systems, Inc. - This third
party action seeks review of a Madison County decision granting site location suitability approval for a Madison
County landfill. Accepted for hearing.
PCB 90-240
Colwell General, Inc. v. IEPA - Petitioner seeks permit review for its Cook County facility. Accepted for hearing.
PCB 90-241
Indian Refining v. IEPA - See Final Actions.
CALENDAR *
January 10
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room
9-040, Chicago.
January 11
A-E
People of the State of Illinois v. Bridgestone/Firestone, Inc. - PCB 90-202,
10:00 a.m.
Second Floor Conference Room, #1 Civic Center Plaza, Southeast Corner, Eldorado & Franklin,
Decatur.
Environmental Register No. 419
January 9, 1991/Page 5
January 23
A-E
EPA v. Trilla Steel Drum, Inc. - PCB 86-56, Law Office of Joshua Sachs, 134 N. LaSalle St.,
2:00 p.m.
Suite 2222, Chicago.
January 24
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room
9-040, Chicago.
January 24
A-E
People of the State of Illinois v. Robert A. Propheter, d/b/a Bob Propheter Construction
10:00 a.m.
Company - PCB 90-18, County Board Room 242, 707 Etna Road, Ottawa.
January 24
A-E
People of the State of Illinois v. G & K Investments, Inc., Gary Cross and Kevin Leesman
10:00 a.m.
PCB 90-140, Logan County Courthouse, 601 Broadway, Lincoln.
January 25 L-S-R
Clean Quality Resources, Inc. v. Marion County Board - PCB 90-216, Marion County Public
10:00 a.m.
Service Building, County Board Room, 200 East Schwartz, Salem.
January 29
A-C
County of McHenry v. McHenry County Sanitary Landfill & Recycling Center, Inc. -
10:30 a.m.
AC 90-21, McHenry County Courthouse, County Board Room, Room 203, 2200 N. Seminary Ave.,
Woodstock.
January 29
L-E
People of the State of Illinois v. Chicago Heights Refuse Depot, Inc. - PCB 90-112, State of
10:00 a.m.
Illinois Center, 100 W. Randolph St., Suite 11-500, Chicago.
January 30
L-E
People of the State of Illinois v. Chicago Heights Refuse Depot, Inc. - PCB 90-112, State of
10:00 a.m.
Illinois Center, 100 W. Randolph St., Suite 11-500, Chicago.
February 1
P-A
Earl R. Bradd as owner of The Bradd Sanitary Landfill v. EPA - PCB 90-173, Bloomington
10:00 a.m.
City Hall, City Council Chambers, 109 East Olive St., Bloomington.
February 4
A-C
EPA v. ESG Watts, Inc. - AC 90-26, Municipal Building, Seventh & Monroe Sts., Room 203,
1:00 p.m.
Springfield.
February 4
P-A
GSF Energy, Inc., a subsidiary of Air Products & Chemical, Inc. and Waste Management of
11:00 a.m.
Illinois, Inc. - PCB State of Illinois Center, 100 W. Randolph St. Suite 11-500, Chicago.
February 7
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room
9-040, Chicago.
February 11
A-E
People of the State of Illinois v. Seegers Grain, Inc. - PCB 90-111, City of Freeport City Hall
10:00 a.m.
230 W. Stephenson, Freeport.
February 13
P-A
Laclede Steel v. EPA - PCB 88-115, Edwardsville County Courthouse, 155 N. Main St.,
11:00 a.m.
Edwardsville.
February 15
A-E
People of the State of Illinois v. Rock Valley Oil & Chemical Co. - PCB 90-124, Rockford City
10:00 a.m.
Hall, City Council Chambers, Second Floor, 425 E. State St., Rockford.
February 15
A-C
EPA v. Johnson Blackwell - AC 90-72, Carlyle City Hall, Second Floor, 850 Franklin, Carlyle.
9:30 a.m.
February 20
P-A
Envotech-Illinois Inc., v. EPA - PCB 90-138, Montgomery County Courthouse, Hillsboro.
10:00 a.m.
February 28
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room
9-040, Chicago.
February 28
A-S
Petition of Granite City Steel for Adjusted Standard from 35 Ill. Adm. Code 302.102,
10:00 a.m.
302.208 and 302.210 and Subpart F, Procedures for Determining Water Quality Criteria - AS 90-4,
Mayor's Conference Room, 2nd Floor, City Hall, 200 Edison Ave., Granite City.
March 5
P-A
Watts Disposal Systems, Inc. v. EPA - PCB 90-174, Rock Island City Hall, City Council
10:00 a.m.
Chambers, Third Floor, 1528 Third Avenue, Rock Island.
March 7
P-A
Caterpillar, Inc. v. EPA - PCB 90-195, Peoria County Courthouse, County Board Room, 324
9:00 a.m.
Main St. Peoria.
Environmental Register No. 419
January 9, 1991/Page 6
March 13
P-A
Stephan Company v. EPA - PCB 90-42, Will County Courthouse, 14 W. Jefferson St., Joliet.
9:30 a.m.
March 14
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room
9-040, Chicago.
March 26
P-A
Quantum Chemical Corporation, USI Division (Morris Facility) v. EPA - PCB 90-214,
10:00 a.m.
Morris City Hall, 320 Wauponsee St., Morris.
March 28
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room
9-040, Chicago.
April 11
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room
9-040, Chicago.
April 16
A-S
Petition of Quantum Chemical Corporation, USI Division, for an Adjusted Standard
10:00 a.m.
35 Ill. Adm. Code 720.130 - AS 90-7, Grundy County Courthouse, Room 16, 111 E. Washington St.,
Morris.
April 17
P-A
Spraying Systems Company v. EPA - PCB 90-215, DuPage County Building, 421 N. County
2:00 p.m.
Farm Rd., Room 2A, Wheaton.
April 25
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room
9-040, Chicago.
May 1
A-E
People of the State of Illinois v. Allied Hastings Barrel & Drum Service, Inc. - PCB 90-60,
10:00 a.m.
State of Illinois Center, 100 W. Randolph. St., Suite 11-500, Chicago.
May 9
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room
9-040, Chicago.
May 23
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room
9-040, Chicago.
June 6
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room
9-040, Chicago.
June 17
N-E
Ronald E. Tex and Susan D. Tex v. S. Scott Coggeshall & Coggeshall Construction Company
10:00 a.m.
PCB 90-182, McDonough County Courthouse, Law Library, Third Floor, Macomb.
June 20
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room
9-040, Chicago.
September 16
P-A
Olin Corporation v. EPA - PCB 89-178, Alton City Hall, 101 E. Third St., Alton.
10:00 a.m.
* Times and locations of hearings and meetings appearing in the Environmental Register are subject to cancellation or rescheduling
without notice. Confirmation of that information may be obtained from the Clerk of the Board at 312/814-6931.
** The Pollution Control Board meetings listed in the calendar (highlighted) are unlike the other hearings listed in that, while they are
open to the public, public participation is generally not allowed, except upon the granting of a motion for oral argument.
CALENDAR CODE:
A-C
ADMINISTRATIVE CITATION
A-E
AIR ENFORCEMENT
A-S
ADJUSTED STANDARD
A-V
AIR VARIANCE
CSO
COMBINED SEWER
L-E
LAND ENFORCEMENT
OVERFLOW EXCEPTION
L-S-R
LANDFILL SITING REVIEW
L-V
LAND VARIANCE
N-E
NOISE ENFORCEMENT
N-V
NOISE VARIANCE
P-A
PERMIT APPEAL
PWS-E
PUBLIC WATER SUPPLY ENFORCEMENT
PWS-V
PUBLIC WATER SUPPLY VARIANCE
R
REGULATORY PROCEEDING
S0
2
S0
2
ALTERNATIVE STANDARDS
SWH-E
SPECIAL WASTE HAULING ENFORCEMENT
SWH-V
SPECIAL WASTE HAULING VARIANCE
T
THERMAL DEMONSTRATION RULE
Environmental Register No. 419
January 9, 1991/Page 7
(35 ILL. ADM. CODE 302.211(F)
T-C
TAX CERTIFICATIONS
T-S
TRADE SECRETS
W-E
WATER ENFORCEMENT
W-V
WATER VARIANCE
WWS
WATER-WELL SETBACK EXCEPTION
UST-FRD UNDERGROUND STORAGE TANK FUND REIMBURSEMENT DETERMINATION

Back to top