Printed by Authority of the State of Illinois, February 7, 1990, 3,700 copies,
order #57701.
ENVIRONMENTAL REGISTER
ENVIRONMENTAL REGISTER
No. 398 February 7, 1990
BOARD PROPOSES AMENDMENTS TO
PHARMACEUTICAL RULE FOR FIRST NOTICE
On January 25, 1990, the Board
adopted (7-0) an Order proposing
amendments to the pharmaceutical
rules, 35 Ill. Adm. Code 211 and 215,
for first notice. The proposal was
filed by Abbott Laboratories, who also
requested that the Board expedite the
rulemaking process as much as
possible. Consistent with this
request, the Board sent the proposal
to first notice without taking a
position on the substance of the
proposal at this time. The Board's
action was taken solely to effectuate
publication of the proposal in the
Illinois Register
.
Hearings have been scheduled for
March 13, 1990 in Chicago and March
29, 1990 in Waukegan. Interested
persons are encouraged to contact the
Hearing Officer, Daniel L.
Siegfried,
at (312) 814-6923.
BOARD ADOPTS WATER TOXICS RULES AND
ISSUES RESOLUTION IN RESPONSE TO JCAR
OBJECTION
On January 25, 1990, the Board
adopted (5-2) an Opinion and Order for
Final Adoption of Amendments to Title
35, Subtitle C ( Toxics Control) (Board
Docket R88-21(A)). The amendments
were proposed by the Illinois
Environmental Protection Agency on
August 5, 1988. Fourteen days of
hearings were held on the proposal
during 1988 and 1989.
The purpose of the amendments is
to amend the Board's regulations for
control of toxic substances in surface
waters in the State. The amendments
are reflective of the mandate of
Section 303(c)(2)(B) of the Clean
Water Act (CWA), which requires states
to adopt criteria for all toxic
pollutants listed pursuant to Section
307(a)(1) of the CWA. This is
consistent with the national policy
objective stated in Section 101 of the
CWA that the discharge of toxic
pollutants in toxic amounts shall be
prohibited.
The Joint Committee on
Administrative Rules (JCAR) considered
the amendments at its January 10, 1990
meeting and issued Certificates of No
Objection to Parts 301, 305, and 309
of the proposed rules. However, JCAR
voted to object to Subtitle F of
Section 302. On January 25, 1990, the
Board adopted a Resolution (
Res 90-1,
R89-22(A)) in response to the JCAR
objection, refusing to withdraw or
modify the proposed rules.
Environmental Register No. 398
February 7, 1990/Page 2
Copies of the adopted text will
be published shortly in the
Illinois
Register . For further information,
contact Hearing Officer Kathleen M.
Crowley at (312) 814-6929.
BOARD SENDS TO FIRST NOTICE PROPOSED
AMENDMENTS TO TITLE 35, SUBTITLE C
(TOXICS CONTROL) IN R88-21 (DOCKET B)
PROCEEDING
On December 6, 1989, the Board
opened Docket B in the R88-21
proceeding for the purpose of
providing for first notice certain
adjuncts to the overall proposed
amendments, now contained in Docket A.
These Docket B amendments are not
part of the federally required
amendments as are those contained in
Docket A. Also, most of the
amendments contained in Docket B were
not included in the first notice of
what is now Docket A.
In general, the Docket B proposed
amendments to 35 Ill. Adm. Code 302
include an alternative to the current
total iron water quality standards,
proposing standards for dissolved iron
(Section 302.208 and 302.304), and the
addition of subsection (k) to Section
302.211 regarding mixing zones for
thermal discharges.
The Docket B proposed amendments
to 35 Ill. Adm. Code 303 are, in
effect, a site-specific mixing zone
rule applicable to the Granite City
Division of National Steel
corporation. (Section 303.354)
The Docket B proposed amendments
to 35 Ill. Adm. Code 304 contain an
exception for discharges of total
residual chlorine which result from
intermittent chlorination.
Intermittent chlorination is practiced
by utilities and industries which use
surface waters as cooling waters to
prevent biofouling of various cooling
devices. (Section 304.221)
The Docket B proposed amendments
to 35 Ill. Adm. Code 305 provide a
formal link between Section 309.148
and Section 302.210. Section 309.148
allows for a schedule of compliance
with effluent and water quality
standards, and other legally
applicable requirements. This would
clarify that if a schedule of
compliance is in effect, the
discharger is complying with Section
302.210 by an alternate means. The
amendments also provide that a legally
enforceable schedule of compliance
precludes enforcement by any party for
violation of Section 302.210.
(Section 305 (d) and (e))
The Docket B proposed amendments
to 35 Ill. Adm. Code 309 are intended
to give a permittee who timely files
for a permit modification a stay of
enforcement of the Board's rules for
up to 240 days. During this stay
period the permittee would presumably
be able to address compliance without
threat of surprise enforcement.
(Section 309.152)
Copies of the proposed amendments
and Board Opinion are available upon
written request of the Clerk of the
Board.
BOARD AND STAFF ACTIVITIES
Board Member Jacob
Dumelle and
Assistant Daniel
Siegfried were
speakers at a seminar on Board
practice and procedure hosted by a
Chicago law firm on January 5.
Chairman Marlin was in attendance
at Springfield for Governor
Thompson's
"State of the State" message on
January 10.
Former Board Member James L.
Young visited the Board's offices on
January 10. Mr. Young was a member
from 1975-1979.
The Board welcomes Mark Miller
and Paula Wolken to its staff in the
Urbana
Environmental Register No. 398
February 7, 1990/Page 3
office. Mark Miller is the new
attorney assistant to Chairman J.
Marlin. Paula Wolken is the new
secretary for the
Urbana office.
The Board would also like to
welcome Sam Walker to the staff of the
Chicago office.
FINAL ACTIONS - JANUARY 25, 1990 BOARD MEETING
PCB 88-98
IBP, Inc. v. IEPA
- The Board denied petitioner's motion to stay,
denied the Agency's motion to file
instanter and reaffirmed its
September 13, 1989 final decision.
PCB 88-207
Central Illinois Public Service Co. v. IEPA
- The Board accepted
the Agency Recommendation allowing petitioner to continue its
operation at its Jasper County facility in accordance with the
thermal discharge limits imposed by the Board Order of August 21,
1980.
PCB 89-29
Diane Marie Barry v. Village of Fox River Grove
- The Board found
respondent violated the Board's public water supplies regulations,
ordered the Village to cease and desist from future violations at
its McHenry County facility, and ordered daily visual inspections
for a period of one year of the color of its public water. Board
Member J. Theodore Meyer concurred.
PCB 90-9
Motorola, Inc., v, IEPA
- The Board accepted the Agency
Recommendation and granted petitioner provisional variance from the
Board's waste disposal regulations relating to 90-day on-site
limitations for hazardous wastes at its Cook County facility.
PCB 90-10
Taracorp Industries, Inc. v. IEPA
- The Board accepted the Agency
Recommendation and granted petitioner provisional variance from the
Board's waste disposal regulations relating to 90-day on-site
limitations for hazardous wastes at its Madison County facility.
PCB 90-11
Roper Corp. v. IEPA
- The Board accepted the Agency Recommendation
and granted petitioner provisional variance from the Board's waste
disposal regulations relating to 90-day on-site limitations for
hazardous wastes at its Kankakee County facility.
AC 89-138
DOCKET A & B
IEPA v. Dr. John
Donovan - The Board granted respondent's motion to
withdraw its Petition for Review, and the matter proceeded as a
default at hearing. The Board found respondent violated the
provision alleged in the Administrative Citation, imposed a fine of
$500 and ordered the Agency and the Board to file a statement of
hearing costs with service upon respondent.
AC 89-201
IEPA v. Fred Gocey - The Board accepted the Agency's Motion to
Dismiss, vacated its Order of October 18, 1989 and dismissed the
matter.
Environmental Register No. 398
February 7, 1990/Page 4
AC 89-237
IEPA v. Gary W. Jacobs - This matter was dismissed on the Agency's
motion.
AC 89-276
IEPA v. Rockford Speedway, Inc
. - The Board found respondent
violated Sections 21(p)(5) and 21(p)(4) of the Act and imposed a
fine of $1,000.
AC 89-278
IEPA v. ESG Watts, Inc
. - The Board found respondent violated
Sections 21(p)(5) and 21(p)(1) of the Act and imposed a fine of
$1,000.
AC 89-279
IEPA v. Hershal Hancock, individually and d/b/a Risk Managers,
International, Inc
. - The Board found respondent violated Sections
21(q)(1), 21(q)(4) and 21(q)(6) of the Act and imposed a fine of
$1,500.
AC 89-280
IEPA v. Barter-Mitchell Construction Co
. - The Board found
respondent violated Sections 21(q)(1), 21(q)(4) and 21(q)(6) of the
Act and imposed a fine of $1,500.
AC 89-281
IEPA v. Loren Lambert - The Board found respondent violated
Sections 21(q)(1), 21(q)(4) and 21(q)(6) of the Act and imposed a
fine of $1,500.
AC 89-282
IEPA v. Village of Washington Park
- The Board found respondent
violated Sections 21(q)(1), 21(q)(2), 21(q)(3) and 21(q)(5) of the
Act and imposed a fine of $2,000.
AC 89-283
IEPA v. Paul Fridly - The Board found respondent violated Sections
21(q)(1) and 21(q)(3) of the Act and imposed a fine of $1,000.
AC 89-284
IEPA v. City of Herrin - The Board found respondent violated
Sections 21(p)(5), 21(p)(7) and 21(p)(9) of the Act and imposed a
fine of $1,500.
AC 89-285
IEPA v. Paul L. Hindman - The Board found respondent violated
Sections 21(p)(5) and 21(p)(11) of the Act and imposed a fine of
$1,000.
AC 89-286
IEPA v. ESG Watts, Inc
. - The Board found respondent violated
Section 21(p)(5) of the Act and imposed a fine of $500.
AC 89-287
IEPA v. Robert W.
Britz, Jr . - The Board found respondent violated
Sections 21(q)(1) and 21(q)(3) of the Act and imposed a fine of
$1,000.
AC 89-291
IEPA v. Roger Hill
- This matter was dismissed on the Agency's
motion.
AC 89-294
IEPA v. Don Eichen - The Board found respondent twice violated
Section 21(q)(1) of the Act and imposed a fine of $1,000.
AC 89-297
IEPA v. Decker Construction, Inc
. - This matter was dismissed on
the Agency's motion.
Environmental Register No. 398
February 7, 1990/Page 5
NEW CASES - JANUARY 25, 1990
PCB 89-205
Vito Zivoli v. Prospect Dive and Sport Shop, et al
. - Complainant
alleges violations of the Board's noise regulations at respondents'
Cook County facility. Hearing mandatory.
PCB 90-7
IEPA v. Blue Tee Corp. (
Azcon Scrap Division)
- Complainant alleges
violations of the Act and Board air pollution regulations at
respondent's Madison County facility. Hearing mandatory.
PCB 90-8
The City of Metropolis v. IEPA
- Petitioner seeks review of the
Agency's denial of its permit application for vertical expansion of
its Massac County landfill. Hearing authorized.
PCB 90-9
Motorola, Inc. v. IEPA
- See Final Actions.
PCB 90-10
Taracorp Industries, Inc. v. IEPA
- See Final Actions.
PCB 90-11
Roper Corp. v. IEPA
- See Final Actions.
CALENDAR *
February 9
A-E
EPA v. Northrop Corporation
- PCB 89-192, State of Illinois
10:00 a.m.
Center, 100 W. Randolph St., Suite 11-500, Chicago.
February 13
A-E
EPA v. Ravenswood Health Enterprises, Inc.
- PCB 89-190,
10:00 a.m.
State of Illinois Center, 100 W. Randolph St., Suite 11-
500, Chicago.
February 14
A-C
EPA v. Kissner Company - AC 89-247, 134 North LaSalle St.,
10:00 a.m.
Suite 2222, Chicago.
February 14
R
Groundwater Quality Standards (35 Ill. Adm. Code 620)
- R89
11:00 a.m.
-14, State of Illinois Center, 100 West Randolph St., Room 9-
031, Chicago. (Hearing will continue on February 15 and
February 16 if necessary.)
February 15
R
Groundwater Quality Standards (35 Ill. Adm. Code 620)
- R89
9:00 a.m.
-14, Northeastern Illinois Planning Commission, 400 W. Madison
St., Meeting Room, Chicago.
February 16
R
Groundwater Quality Standards (35 Ill. Adm. Code 620)
- R89
9:00 a.m.
-14, State of Illinois Center, 100 W. Randolph St., Room 9-040,
Chicago.
February 21
A-E
EPA v. Calumet Armature Electric
- PCB 89-191, State of
9:30 a.m.
Illinois Center, 100 W. Randolph, St., Suite 11-500, Chicago.
February 22
Pollution Control Board Meeting, State of Illinois Center, 100
W. Randolph St., Conference Room 9-040, Chicago.
February 22
P-A
Bulk Molding Compounds, Inc. v. EPA
- PCB 89-195, Elgin City
Environmental Register No. 398
February 7, 1990/Page 6
10:00 a.m.
Hall, 150 Dexter Court, Elgin.
February 23
A-C
Jackson County v. Donald Taylor
- AC 89-258, City Council
10:00 a.m.
Chambers, City Hall, 202 North 11th,
Murphysboro.
February 26
A-E
EPA v. Chicago Steel Container Corporation
- PCB 89-206,
11:00 a.m.
State of Illinois Center, 100 W. Randolph St., Suite 11-500,
Chicago.
February 26
P-A
Calvary Temple Church v. EPA
- PCB 90-3, DuPage Center, 421
9:30 a.m.
County Farm Road, Courtroom 1700,
Wheaton.
February 27
P-A
A.R.F. Landfill Corp. v. EPA
- PCB 89-101, Avon Township
10:30 a.m.
Community Center, 433 East Washington, Round Lake.
February 27
A-C
EPA v. General Iron Industries, Inc.
- AC 89-198, State of
9:30 a.m.
Illinois Center, 100 W. Randolph St., Suite 11-500, Chicago.
February 28
A-C
EPA v. John Vander - AC 89-224, State of Illinois Building,
10:00 a.m.
North Conference Room, 2309 W.
Main, Marion.
March 1
A-C
EPA v. City of Rutland - AC 89-242, Fire District Building,
10:00 a.m.
Rutland
March 2
A-V
General Motors Corporation v. EPA
- PCB 88-193, Vermilion
10:00 a.m.
County Courthouse, Court Room 101, 7 North Vermilion, Danville.
March 2
A-E
EPA v. Ekco Glaco Corp. - PCB 89-200, State of Illinois
9:30 a.m.
Center, 100 W. Randolph St., Suite 11-500, Chicago.
March 6
A-C
EPA v. Omer Thomas - AC 89-215, Court Room B, Shelby County
10:00 a.m.
Courthouse, East Main Street,
Shelbyville.
March 6
P-A
The Grigoleit Company v. EPA
- PCB 89-184, Decatur Public
10:00 a.m.
Library, 247 East North St., Decatur.
March 7
P-A
The Grigoleit Company v. EPA
- PCB 89-184, Decatur Public
9:30 a.m.
Library, 247 East North St., Decatur.
March 7
P-A
Pekin Energy Company v. EPA
- PCB 89-171, Tazewell County
1:30 p.m.
Board, 11 South 4th St.,
McKenzie Building, Third Floor,
Pekin.
March 7
P-A
Koppers Industries, Inc. v. EPA
- PCB 90-6, Morton West High
10:00 a.m.
School, Auditorium, 2400 South H
ome Street,
Berwyn (if necessary, 2nd day of hearing will be held on March
9, 1990, Morton East High School).
March 8
Pollution Control Board Meeting, State of Illinois Center, 100
W. Randolph St., Conference Room 9-040, Chicago.
March 9
P-A
Koppers Industries, Inc. v. EPA
- PCB 90-6, Morton East High
10:00 a.m.
School, Auditorium, 2423 South Austin, Cicero.
March 13
P-A
Sushi, Ltd. v. EPA
- PCB 89-150, Canton City Hall, Room 207,
10:00 a.m.
210 East Chestnut St., Canton.
Environmental Register No. 398
February 7, 1990/Page 7
March 13
R
Site-Specific Rule Change for Abbott Laboratory
10:30 a.m.
(Pharmaceuticals)
- R88-14, State of Illinois Center, 100 W.
Randolph St., Room 11-512, Chicago.
March 13
PWS
Metro Utility Company v. EPA
- PCB 89-210 Central Square,
10:00 a.m.
Second Floor Board Room, 222 East 9th Street, Lockport.
March 14
A-V
Olin Chemicals (Joliet Plant) v. EPA
- PCB 89-72, Joliet
9:30 a.m.
City Hall, East Wing Conference Room, First Floor 150 West
Jefferson Street, Joliet.
March 14 PWS-V
Metor Utility Company v. EPA
- PCB 89-210, Central Square,
10:00 a.m.
Second Floor Board Room, 222 East 9th Street, Lockport.
March 15
W-V
Village of Shorewood v. EPA - PCB 89-204, Shorewood Village
10:00 a.m.
Council Chambers, Village Hall, 903 W.
Jefferson, Village of
Shorewood.
March 19
N-E
Robert J.Kvatsak and Alice Joan
Kvatsak v. St. Michaels
10:00 a.m.
Lutheran Church , PCB 89-182, State of Illinois Center, 100 West
Randolph, Suite 11-500, Chicago.
March 21
N-E
John Zarlenga and Jean
Zarlenga v. Partnership Concepts, et
10:00 a.m.
al.- Bloomingdale Village Hall, 201 South
Bloomingdale Road,
Bloomingdale.
March 22
Pollution Control Board Meeting, State of Illinois Center, 100
W. Randolph St., Conference Room 9-040, Chicago.
March 23
A-C
EPA v. Roger Miller
- PCB 89-145, Mahomet Area Community
1:15 p.m.
Building, 510 East Main,
Mahomet.
March 23
A-E
EPA v. Blue Tee Corporation (
Azcon Scrap Division)
- PCB 90-
10:00 a.m.
7, Alton City Hall, 101 East Third Street, Alton.
March 28
P-A
Modine Manufacturing Company v. EPA
- PCB 86-124, McHenry
10:15 a.m.
Public Library, 1011 North Green St.,
McHenry.
March 28
A-E
People of the State of Illinois v. Crown Cork & Seal Co.,
9:30 a.m.
Inc. - PCB 89-159, Kankakee Detention Center, 400 East
Merchant, Kankakee.
March 28
R
Site-Specific Rule Change for Abbott Laboratories
10:30 a.m.
(Pharmaceuticals)
R88-14, Lake County Courthouse, Tenth Floor
Assembly Room, 18 North County Road, Waukegan.
March 28
A-S
The Nutra Sweet Company and Consumers Illinois Water Company
10:00 a.m.
Petition for an Adjusted Standard, 35 Ill. Adm. Code 304.105
and 302.208 - AS 89-3, University Park Village Hall, Village
Board Room, 698 Burnham, University Park.
March 29
P-A
Highland Supply Corporation v. EPA
- PCB 89-118, City
10:00 a.m.
Council Chambers, Highland City Hall, 1115 Broadway, Highland.
Environmental Register No. 398
February 7, 1990/Page 8
March 30
A-C
EPA v. Ronald Griffith
- AC 89-230, Courtroom, Main Floor,
10:00 a.m.
Shelby County Courthouse,
Shelbyville.
March 30
N-E
Phyllis A. Diadone, et al v. Lexington Square
- PCB 89-168
10:00 a.m.
Lexington Square,
Hyde Park Room, 555 West
Foxworth, Lombard.
April 5
A-E
People of the State of Illinois v. Crown Cork and Seal
9:30 a.m.
Company Inc. - PCB 89-201, State of Illinois Center, 100 West
Randoph Street, Suite 11-500, Chicago.
April 12
Pollution Control Board Meeting, State of Illinois Center, 100
W. Randolph St., Conference Room 9-040, Chicago.
April 12
P-A
Waste Management of Illinois, Inc. v. EPA
- PCB 89-176,
9:30 a.m.
Joliet Courthouse, 14 W. Jefferson St.
, Joliet.
April 18
P-A
D & B Refuse Service, Inc. v. EPA
- PCB 89-106, Moultrie
9:30 a.m.
County Courthouse, Grand Jury Room, Third Floor,
Sullivan.
April 19
P-A
National Coatings, Inc. v. EPA
- PCB 89-181, Knox County
11:00 a.m.
Courthouse, Second Floor, Bailiff's Office, Galesburg.
April 20
P-A
Olney Sanitary Systems and Andrew
Ochs v. EPA - PCB 89-175
10:00 a.m.
City Council Room, City Hall, 300 South Whittle,
Olney.
April 25
A-S
In the Matter of: Safety-
Kleen Corporation Petition for
10:00 a.m.
Adjusted Standard, 35 Ill. Adm. Code 720.131 (c)
- AS 89-5,
State of Illinois Center, 100 W. Randolph St., Suite 11-500,
Chicago.
April 26
Pollution Control Board Meeting, State of Illinois Center, 100
W. Randolph St., Conference Room 9-040, Chicago.
May 10
Pollution Control Board Meeting, State of Illinois Center, 100
W. Randolph St., Conference Room 9-040, Chicago.
May 24
Pollution Control Board Meeting, State of Illinois Center, 100
W. Randolph St., Conference Room 9-040, Chicago.
* 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 312/917-6931.
** 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-E
AIR ENFORCEMENT
N-E
NOISE ENFORCEMENT
A-V
AIR VARIANCE
N-V
NOISE VARIANCE
A-C
ADMINISTRATIVE CITATION
SWH-V
SPECIAL WASTE HAULING
Environmental Register No. 398
February 7, 1990/Page 9
VARIANCE
W-E
WATER ENFORCEMENT
SWH-E
SPECIAL WASTE HAULING
ENFORCEMENT
W-V
WATER VARIANCE
PWS-E
PUBLIC WATER SUPPLY
ENFORCEMENT
L-E
LAND ENFORCEMENT
PWS-V
PUBLIC WATER SUPPLY VARIANCE
L-V
LAND VARIANCE
P-A
PERMIT APPEAL
R
REGULATORY PROCEEDING
L-S-R
LANDFILL SITING REVIEW
T
THERMAL DEMONSTRATION RULE
S0
2
S0
2
ALTERNATIVE STANDARDS
(35 IL L. ADM. CODE 302.211(F)
T-S
TRADE SECRETS
CSO
COMBINED SEWER OVERFLOW
T-C
TAX CERTIFICATIONS
EXCEPTION
A-S
ADJUSTED STANDARD