1. Web Site: http://www.ipcb.state.il.us
      1. Federal Updatep. 1
      2. Rule Updatep. 5
      3. Board Actionsp. 7
      4. New Casesp. 15
      5. Board Calendarp. 17
      6. Federal Update
        1. _
          1. _
      7. IEPA v. Lesslie Yocum, Sandra Yocum, Rick L. Yocu
      8. IEPA v. Alan Smith – The Board entered an order r
      9. IEPA v. Nordean and Susan Simons d/b/a Berman Aut
      10. IEPA v. Terry and Litisha Springer The Board entered an interim opinion and order finding respondents violated Section 21(p)(1) of the Illinois Environmental Protection Act (415 ILCS 5/21(p)(1) (2000) amended by P.A. 92-0574, eff. June 26, 200
      11. IEPA v. Brad Krstic – The Board entered an order
      12. IEPA v. Bradney Luckhart – In response to a joint
      13. IEPA v. Housewright Lumber Company and William A.
      14. IEPA v. Colorado Real Estate & Investment Company
      15. IEPA v. Jerel Childers – In response to a joint s
      16. IEPA v. Herbert L. Board – In response to a joint
      17. City of Chicago Department of Environment v. City
      18. IEPA v. RCS, Inc. and Robert Fosnock – The Board
      19. IEPA v. Little Dozing Service, Inc. – In response
      20. IEPA v. Steve Koester – The Board accepted for he
      21. PCB 97-119
      22. PCB 97-193
      23. PCB 99-120
      24. PCB 99-193
      25. PCB 00-111
        1. People of the State of Illinois v. R. Frietsch &
        2. Gladys L. Knox and David A. Knox v. Turris Coal C
          1. _
        3. IEPA v. Little Dozing Service, Inc. – In response
      26. PCB 96-143
      27. PCB 97-113
      28. PCB 99-134

 
 
 
 
 
 
 
Claire A. Manning, Chairman
 
Board Members:
Ronald C. Flemal, G. Tanner Girard, Thomas E. Johnson,
William A. Marovitz, Nicholas J. Melas, Michael E. Tristano
 
 
 
 
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
(312) 814-3620
(312) 814-6032 TDD
Illinois Pollution Control Board
600 South Second Street
Suite 402
Springfield, Illinois 62704
(217) 524-8500
 
 
 
Web Site: http://www.ipcb.state.il.us
 
 
  

 
Letter from the Chairman
 
 
 
 
Our September 19, 2002 meeting marks the end of an era at
the Board as Member Ronald C. Flemal attends his last meeting.
After 17 years of outstanding service to the citizens of Illinois,
Member Flemal is retiring from the Board on September 30, 2002. I
am taking this opportunity to say a few words about Member Flemal
and to thank him for his tireless efforts as a Board Member.
 
After graduating with a BS from Northwestern, Member Flemal went
east and earned a PhD in Geology from Princeton University. He
returned to the Midwest and served as a Professor of Geology at
Northern Illinois University from 1967 to 1985. During this time, he authored over eighty articles on the
environment and natural science.
 
Public service called when Governor James R. Thompson appointed Member Flemal to the Board in 1985. While
with the Board, Member Flemal presided over several of the most significant environmental rulemakings in Illinois
history. These included establishing the State’s groundwater protection standards, rules for potentially infectious
medical waste, and water toxics rules for surface waters and effluent. The water toxics rules were upheld by the
Illinois Supreme Court in its 1993 Granite City decision.
 
Besides bringing to bear the knowledge and analytical rigor of a scientist, Member Flemal’s tenure at the Board was
perhaps best characterized by his passion for the environment and his pragmatic approach to difficult issues. You
would be hard-pressed to find a more dedicated, principled, or thoughtful public servant. As testimonial to his
exceptional qualities and accomplishments, Member Flemal was reappointed both by Governor Jim Edgar in 1996
and by Governor George H. Ryan in 1999.
 
Member Flemal will be sorely missed. We wish him and his family all the best and offer our heartfelt thanks for his
invaluable contributions to protecting our State’s environment.
 
 
Sincerely,
 
Claire A. Manning, Chairman

 
Inside This Issue:
 
 
FEDERAL UPDATE
  
P. 1
RULE UPDATE
  
  
  
  
  
P. 5
BOARD ACTIONS
  
  
  
  
P. 7
NEW CASES
  
  
  
  
  
P. 15
BOARD CALENDAR
  
  
  
  
P. 17
 
 
Federal Update
 
United States Environmental Protection Agency Adopts Final Rule Revising the Transportation Conformity
Rule Under the Clean Air Act
 
On August 6, 2002, the United States Environmental Protection Agency (USEPA) adopted amendments to the
Transportation Conformity Rule that included minor revisions of the 18-month requirement for initial state air
quality implementation plan (SIP) submissions, and addition of a grace period for newly designated Nonattainment
Areas. 67 Fed. Reg. 50808.
 
Transportation conformity is required by the Clean Air Act (CAA) to ensure that federally supported highway and
transit project activities are consistent with the purpose of a SIP. Conformity to the purpose of the SIP means that
transportation activities will not cause new air quality violations, worsen existing violations, or delay timely
attainment of the national ambient air quality standards. USEPA's transportation conformity rule establishes the
criteria and procedures for determining whether transportation activities conform to the state air quality plan.
 
First, the final rule implements an October 27, 2000 CAA amendment that provides a one-year grace period before
conformity is required in areas that are designated nonattainment for a given air quality standard for the first time.
Although the grace period is already available to newly designated nonattainment areas as a matter of law, USEPA
incorporated the one-year conformity grace period into the conformity rule.
 
Second, the final rule changes the point by which a conformity determination must be made following a State's
submission of a control strategy implementation plan or maintenance plan for the first time (an “initial” SIP
submission). The rule requires conformity to be determined within 18 months of USEPA's affirmative finding that
the SIP's motor vehicle emissions budgets are adequate. Previously, the conformity rule required a new conformity
determination within 18 months of the submission of an initial SIP. This change to the conformity rule better aligns
when the 18-month requirement for conformity to initial SIP submissions is implemented, so that state and local
agencies have sufficient time to redetermine conformity when initial SIPs are submitted and after USEPA finds the
SIP budgets adequate.
 
This final rule is effective on September 5, 2002.
 
For further information contact: Angela Spickard, State Measures and Conformity Group, Transportation and
Regional Programs Division, U.S. Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI
48105; email address, spickard.angela@epa.gov; telephone number, (734) 214-4283.
 
If any amendments to the Illinois air rules become necessary, the Board would expect the Illinois Environmental
Protection Agency to propose amendments using the Clean Air Act “fast-track” procedures at Section 28.5 of the
Environmental Protection Act (415 ILCS 5/28.5 (2000), as amended by P.A. 92-0574, eff. June 26, 2002).
 
 

United States Environmental Protection Agency Adopts Final Rules for the Control of Air Pollution From
New Motor Vehicles and New Motor Vehicle Engines; Non-Conformance Penalties for 2004 and later Model
Year Emission Standards for Heavy-Duty Diesel Engines and Heavy-Duty Diesel Vehicles
 
On August 8, 2002, the United States Environmental Protection Agency (USEPA) adopted nonconformance
penalties (NCPs) for the 2004 and later model year non-methane hydrocarbons and nitrogen oxides (NMHC and
NOx) standard for heavy-duty diesel engines and vehicles. In general, the availability of NCPs allows a
manufacturer of heavy-duty engines (HDEs) whose engines fail to conform with the applicable 2004 model year
emission standards, but do not exceed a designated upper limit, to be issued a certificate of conformity upon
payment of a monetary penalty. 67 Fed. Reg. 51464.
 
The final rule established the upper limit associated with the 2004 emission standard for NMHC and NOx as 4.5
grams per brake-horsepower-hour for light and medium heavy-duty engines and urban buses, and 6.0 grams per
brake-horsepower-hour for heavy heavy-duty engines. Based on these upper limits, the rule also established the
cost inputs used in the general NCP formula currently in the regulations. This rulemaking affects producers or
importers of new heavy-duty diesel engines which are intended for use in highway vehicles such as trucks and buses
or other types of heavy-duty highway vehicles.
 
This rule is effective on August 8, 2002.
 
For further information contact: Margaret Borushko, U.S. EPA, National Vehicle and Fuels Emission Laboratory,
2000 Traverwood, Ann Arbor, MI 48105; Telephone (734) 214-4334; Fax: (734) 214-4816; E-mail:
borushko.margaret@epa.gov.
 
If any amendments to the Illinois air rules become necessary, the Board would expect the Illinois Environmental
Protection Agency to propose amendments using the Clean Air Act “fast-track” procedures at Section 28.5 of the
Environmental Protection Act (415 ILCS 5/28.5 (2000), as amended by P.A. 92-0574, eff. June 26, 2002).
 
 
United States Environmental Protection Agency Proposes Amendments to the State Implementation Plan
(SIP) Procedural Regulations Under the Clean Air Act
 
On August 8, 2002, the United States Environmental Protection Agency (USEPA) proposed amendments to its
procedural regulations regarding State Implementation Plans under the Clean Air Act (CAA). The amendments
clarify that such plans, when approved by USEPA, are fully enforceable and binding upon all entities affected by
the plans, and that any interpretations of relevant law or application of law to specific facts contained in USEPA's
rulemaking action on such plans shall have full force and effect of law as precedent for any future USEPA
rulemaking action on similar plans. 67 Fed. Reg. 51525.
 
USEPA further proposed to clarify that it will apply the CAA and implementing regulations in like manner to like
situations, and will explain any deviations from past practice based upon factual differences in different areas or
developing interpretations of applicable law in future plan approval or disapproval actions, through notice-and-
comment rulemaking.
 
For a number of years, USEPA had included certain language in the preambles to its rulemaking actions approving
or disapproving submitted SIPs indicating that “[n]othing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any SIP. U.S. EPA shall consider each request for
revision to the SIP in light of specific technical, economic, and environmental factors and in relation to relevant
statutory and regulatory requirements.” (58 FR 48312, September 15, 1993). By this language, USEPA had
intended to convey to states contemplating prospective SIP revisions that USEPA's approval or disapproval of any
SIP would depend on the specific facts and law applicable to the SIP revision at issue, and that states could not be
guaranteed an identical result to that reached in any prior SIP action. The purpose of this language was not to leave
the approved SIPs without the force and effect of law as to regulated parties, nor to deprive the rulemaking actions
regarding SIP submissions of the precedential effect they necessarily have regarding subsequent EPA rulemaking
actions. The USEPA has the ability to adjust its policies and rulings in light of experience and to announce new
principles through rulemaking procedures, however USEPA may not depart from its prior rules of decision to reach
 
2

a different result in future cases without fully explaining such discrepancies and taking comment on the
appropriateness of the resulting action. Western States Petroleum Association, et al., v. USEPA, et al., 87 F.3d 280
(9th Cir. 1996).
 
In a recent decision concerning a Nevada SIP revision, the Court of Appeals for the Ninth Circuit acknowledged
that SIPS are enforceable against regulated parties. USEPA had included language in the SIP as a warning to States
that they could not be guaranteed a given result in future SIP revision requests. However, the court interpreted the
language as limiting the binding precedential effect of USEPA’s action approving the SIP.. Hall v. EPA, 273 F.3d
1146 (9th Circuit 2001). As stated above, USEPA did not intend this result, and further believes that in light of
existing law concerning Agency rulemaking, USEPA could not impose such a restriction on its actions in any event.
 
Therefore, USEPA proposed amendments to its regulations to clarify that all USEPA actions on SIPs do have full
force and effect of law and binding precedential effect. Under the proposed rule, all approved SIPs are fully
enforceable, and all USEPA actions approving or disapproving SIPs have binding precedential effect. Where
USEPA proposes in any future SIP action to make any deviations from past practice based upon factual differences
in different areas or developing interpretations of applicable law, USEPA will do so through full notice-and-
comment rulemaking in future plan approval or disapproval actions.
 
Comments must be received on or before September 9, 2002 and should be sent to Docket #A-2002-10, Office of
Air and Radiation Docket and Information Center, 1200 Pennsylvania Avenue, NW., Mail Code 6102, Washington,
DC 20460, phone number (202) 260-7548.
 
For further information contact: Ms. Denise M. Gerth, Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Mail Code C-539-02, Research Triangle Park, NC 27711, telephone number
(919) 541-5550 or e-mail at: gerth.denise@epa.gov.
 
If USEPA adopts these proposed rules, and amendments to the Illinois air rules become necessary, the Board would
expect the Illinois Environmental Protection Agency to propose amendments using the Clean Air Act “fast-track”
procedures at Section 28.5 of the Environmental Protection Act (415 ILCS 5/28.5 (2000), as amended by P.A. 92-
0574, eff. June 26, 2002).
 
United States Environmental Protection Agency Announces the Availability of its Final Report on
 
Real-Time
Monitoring for Toxicity Caused by Harmful Algal Blooms and Other Water Quality Perturbations
 
On August 14, 2002, the United States Environmental Protection Agency (USEPA) published a notice of
availability of a final report titled, “Real-Time Monitoring for Toxicity Caused by Harmful Algal Blooms and Other
Water Quality Perturbations” (EPA/600/R-01/103), which was prepared by USEPA’s National Center for
Environmental Assessment (NCEA) of the Office of Research and Development (ORD). 67 Fed. Reg. 53001
 
This project, sponsored by USEPA's Environmental Monitoring for Public Access and Community Tracking
(EMPACT) program, evaluated the ability of an automated biological monitoring system that measures fish
ventilatory responses (ventilatory rate, ventilatory depth, and cough rate) to detect developing toxic conditions in
water. The report describes the development and operation of a real-time automated biomonitoring system for
detecting toxicity caused by harmful algal blooms and other water quality perturbations. The system was developed
and evaluated over a 2-year period (March 1999 through November 2000) on the Chicamacomico and
Transquaking Rivers, tributaries to the Chesapeake Bay on Maryland's Eastern Shore. Relevant literature was
reviewed through May 2001.
 
The report was made available on August 14, 2002, and can be accessed electronically through the NCEA Web site
at http://www.epa.gov/ncea under the “What's New” or “Publications” menus. A limited number of paper copies
will be available from USEPA's National Service Center for Environmental Publications (NSCEP), PO Box 42419,
Cincinnati, Ohio 45242; telephone: 1-800-490-8190 or 513-489-8190; facsimile: 5-13-489-8695.
 
For further information contact the Technical Information Staff, National Center for Environmental
Assessment/Washington Office (8623D), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460. Telephone: 202-564-3261; fax: 202-565-0050.
 
3

 
 
United States Environmental Protection Agency Proposes Amendments to the
 
National Environmental
Performance Track Program
 
On August 13, 2002, the United States Environmental Protection Agency proposed amendments to its National
Environmental Performance Track (Performance Track) program. Participation in this program, which involves
multiple environmental statutes, is available only to members in USEPA's National Environmental Performance
Track program. Formerly known as the Achievement Track, the program is designed to recognize facilities that
consistently meet their legal requirements, that have implemented management systems to monitor and improve
performance, that have voluntarily achieved environmental improvements beyond compliance, and that publicly
commit to specific environmental improvements and report on progress. 67 Fed. Reg. 52674
 
The rulemaking proposes: 1) a provision that would allow hazardous waste generators who are members in
Performance Track up to 180 days to accumulate their hazardous waste without a Resource Conservation and
Recovery Act (RCRA) permit or interim status; 2) simplifications to reporting requirements for facilities governed
by Maximum Available Control Technology (MACT) provisions of the Clean Air Act (CAA); and 3) specific
reporting modifications for Publicly Owned Treatment Works (POTWs) regulated by the Clean Water Act (CWA).
Additionally, USEPA is soliciting comments on a potential pilot program for consolidated reporting that would
allow Performance Track facilities to submit a single report that would contain data routinely required under the
CAA, the CWA, the Emergency Planning and Community Right-to-know Act (EPCRA), and the RCRA. These
provisions are intended to serve as incentives for facility membership in the National Environmental Performance
Track, and as demonstrations of the concept for reporting streamlining.
 
The National Environmental Performance Track program is designed to recognize and encourage top environmental
performers, those who go beyond compliance with regulatory requirements to attain levels of environmental
performance and management that provide greater benefit to people, communities, and the environment. The
program is based upon the experiences of USEPA, states, businesses, and community and environmental groups
with new approaches that achieve high levels of environmental protection with greater efficiency. This experience
includes: USEPA's Common Sense Initiative, designed to improve environmental results by tailoring strategies for
six industry sectors; the national Environmental Leadership Program and USEPA Region I's Star Track program,
designed as new ways to encourage businesses to do better than required; and many performance track-type
programs in states such as Oregon, Wisconsin, New Jersey and Virginia.
 
 
The amendments filed by USEPA propose several regulatory provisions that constitute enforceable legal
requirements for facilities that are members of the Performance Track program and that have taken all other
necessary steps required for the applicability or implementation of the individual regulatory incentive provisions.
To be considered for acceptance in the Performance Track, facilities must: have adopted and implemented an
environmental management system (EMS) that includes specific elements; be able to demonstrate environmental
achievements and commit to continued improvement in particular environmental categories; engage the public and
report publicly on their performance; and have a record of sustained compliance with environmental requirements.
 
Comments must be submitted on or before November 12, 2002, and sent to: Docket No. A-2000-47, U.S.
Environmental Protection Agency, Mailcode 6102, 1200 Pennsylvania Avenue NW., Washington, DC 20460
 
For further information contact: Robert D. Sachs, telephone number 202-260-2765, email at sachs.robert@epa.gov.
In addition, a copy of USEPA’s rulemaking is available on the Web at http://www.epa.gov/ttn/oarpg
 
If adopted by USEPA, these amendments may require amendments to several of the Board’s air, land, and water
rules.
 
 
 
4

Rule Update
 
Board Adopts First Notice Opinion and Order for the Site-Specific Air Rulemaking Proposal in Proposed
Horween Leather Company Site Specific Air Rule 35 Ill. Adm. Code 211.6170, R02-20
 
On August 8, 2002, the Board adopted a first notice opinion and order in Proposed Horween Leather Company Site
Specific Air Rule 35 Ill. Adm. Code 218.112 and 218.929, R02-20. This rulemaking was initiated by a February
19, 2002 proposal filed by the Horween Leather Company (Horween) of Chicago, Illinois. The Board’s first notice
order proposes to amend 35 Ill. Adm. Code 218, “Organic Material Emission Standards and Limitations for the
Chicago Area” by adding a new Section 218. 929 and amending Section 218.112. The proposal would change the
volatile organic material (VOM) control requirements as applied to a small amount of new specialty leathers that
Horween plans to produce at its facility at 2015 North Elston Avenue in Chicago.
 
The new Section 218.929 proposes to limit Horween’s VOM emissions to 24 lbs. VOM per 1000 square feet for
waterproof leather (12 month rolling average) and 14 lbs. for non-waterproof leather with an annual cap of the total
emissions at 20 tons. The proposal also includes definitions of the specialty leathers covered by this rulemaking,
standard operating and maintenance procedures, and reporting and record keeping requirements. The amendment to
Section 218.112 incorporates by reference an ASTM test method, “Standard Test Method for Dynamic Water
Resistance of Shoe Upper Leather by the Maeser Water Penetration Tester.” The Board held hearing on this
rulemaking on June 26, 2002 in Chicago.
 
For additional information contact William Murphy at 312/814-6062; e-mail address: murphym@ipcb.state.il.us
 
 
Board Dismisses 5 Identical in Substance Rulemaking Dockets As Unnecessary:
UST Update, USEPA Regulations (January 1, 2002 through June 30, 2002), R03-1
Wastewater Pretreatment Update, USEPA Regulations (January 1, 2002 through June 30, 2002), R03-2;
Exemptions from the Definition of VOM Update, USEPA Regulations (January 1, 2002 through June 30,
2002), R03-3; UIC Update, USEPA Regulations (January 1, 2002 through June 30, 2002), R03-5; RCRA
Subtitle D Update, USEPA Regulations (January 1, 2002 through June 30, 2002), R03-6
 
Every six months, the Board reserves a series of dockets for adoption of Board rules, to any rules adopted by the
United States Environmental Protection Agency (USEPA) to implement various programs. On August 8, 2002, the
Board dismissed as unnecessary five dockets reserved to consider any rules adopted by USEPA during the period
January 1, 2002 through June 30, 2002. As described in detail below, in each of five program areas either USEPA
adopted no rules during the update period, or the Board was not required to amend the Illinois regulations.
 
UST Program (R03-1)
. Section 22.4(d) of the Environmental Protection Act (Act) (415 ILCS 5/22.4(d) (2000))
requires the Board to adopt regulations which are “identical in substance,” as defined at Section 7.2 of the Act (415
ILCS 5/7.2 (2000)), to underground storage tank (UST) regulations promulgated by the USEPA pursuant to Section
9003 of the federal Resource Conservation and Recovery Act of 1976 (RCRA) as amended, 42 U.S.C. § 6993
(2000), to implement Subtitle I of RCRA (42 U.S.C. §§ 6991
et seq
. (2000)), with certain limitations. USEPA has
codified its UST regulations at 40 C.F.R. 281 through 283.
 
During the period January 1, 2002 through June 30, 2002, the USEPA did not amend its UST regulations.
Therefore, no action was necessary, and the Board dismissed the docket.
 
Wastewater Pretreatment Program (R03-2)
. Sections 7.2 and 13.3 of the Act (415 ILCS 5/7.2 and 13.3 (2000)),
require the Board to adopt regulations that are “identical in substance,” as defined at Section 7.2 of the Act (415
ILCS 5/7.2 (2000)), to wastewater pretreatment regulations that the USEPA adopted to implement Sections 307(b),
(c), and (d) and 402(b)(8) and (b)(9) of the federal Water Pollution Control Act (FWPCA) (33 U.S.C. §§ 1317(b),
(c), and (d) and 1342(b)(8) and (b)(9) (1994)). USEPA has codified the federal wastewater pretreatment rules as 40
C.F.R. 400 through 499.
 
 
5

During the January 1, 2002, through June 30, 2002, time period, USEPA amended 40 C.F.R. 400 through 499 once,
on January 23, 2002 (at 67 Fed. Reg. 3370). Those amendments related to discharges from sources in the coal
mining point source category, which did not affect the wastewater pretreatment rules because they did not include
indirect discharges to a publicly owned treatment works. No Board action will be necessary based on this lone
federal action for the update period January 1, 2002 and June 30, 2002. Therefore, the Board dismissed this docket.
 
VOM Program (R03-3)
. Section 9.1(e) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(e) (2000))
requires the Board to adopt regulations that are “identical in substance,” as defined at Section 7.2 of the Act (415
ILCS 5/7.2 (2000)), to exemptions from the definition of “volatile organic material” (VOM), those compounds that
the United States Environmental Protection Agency (USEPA) has found to be exempted from regulation under state
implementation plans for ozone due to negligible photochemical reactivity. USEPA has codified these exemptions
as part of its definitions at 40 C.F.R. 51.100(s).
 
During the period January 1, 2002 through June 30, 2002, USEPA did not amend its definition of VOM. Therefore,
no action is necessary, and the Board dismissed the docket.
 
UIC Program (R03-5)
. Section 13(c) of the Environmental Protection Act (Act) (415 ILCS 5/13(c) (2000))
requires the Board to adopt regulations that are “identical in substance” to regulations of the United States
Environmental Protection Agency (USEPA). 415 ILCS 5/7.2 (2000). Specifically, Section 13(c) relates to
underground injection control (UIC) regulations that USEPA adopted to implement provisions of the Safe Drinking
Water Act (42 U.S.C. § 300h
et seq
. (1998)). USEPA has codified its UIC regulations at 40 C.F.R. 144 through
148.
 
During that time period, USEPA did not amend its UIC regulations. Therefore, no action is necessary, and the
Board dismissed this docket. However, the Board’s order notes that USEPA made two affirmative determinations
during the period that actions were not necessary. On April 4, 2002 (67 Fed. Reg. 16262), USEPA determined not
to list certain paint production wastes as hazardous and impose land disposal restrictions on them. On June 7, 2002
(67 Fed. Reg. 39584), USEPA determined no further regulatory action was necessary with regard to any Class V
injection wells not included in the December 7, 1999 rules applicable to motor vehicle waste disposal wells and
large-capacity cesspools. USEPA determined that existing regulations were adequate as to these Class V wells,
which include shallow non-hazardous waste industrial disposal wells, large-capacity septic systems, agricultural and
storm water drainage wells, and others.
 
RCRA, Subtitle D (Non-hazardous Waste Program (R03-6)
. Section 22.40(a) of the Environmental Protection
Act (Act) (415 ILCS 5/22.40(a) (2000)) requires the Board to adopt regulations that are “identical in substance,” as
defined at Section 7.2 of the Act (415 ILCS 5/7.2 (2000)), to municipal solid waste landfill (MSWLF) regulations
that USEPA adopted to implement Subtitle D of the Resource Conservation and Recovery Act of 1976 (42 U.S.C
§§ 6941-6949 (2000)). USEPA has codified the federal MSWLF rules as 40 C.F.R. 258.
 
During the period January 1, 2002 through June 30, 2002, USEPA did not amend its MSWLF rules. Therefore, no
action was necessary, and the Board dismissed the docket.
 
For additional information contact Mike McCambridge at 312/814-6924; e-mail address:
mccambm@ipcb.state.il.us.
 
 
 
6

 
Board Actions
 
 
 
August 8, 2002
 
Springfield, Illinois
 
 
 
Rulemakings
R 02-20
In the Matter of: Proposed Horween Leather Company Site-Specific Air Rule,
35 Ill. Adm. Code 218.112 and 218.929 – The Board adopted a first notice
opinion and order in this matter to amend the Board’s air regulations.
7-0
R, Air
Site Specific
 
R 03-1
In the Matter of: UST Update, USEPA Regulations (January 1, 2002 through
June 30, 2002) – The Board dismissed this reserved identical-in-substance docket
because the United States Environmental Protection Agency did not amend its
underground storage tank regulations during the update period.
 
7-0
R, Land
R 03-2
In the Matter of: Wastewater Pretreatment Update, USEPA Regulations
(January 1, 2002 through June 30, 2002) – The Board dismissed this reserved
identical-in-substance docket because the United States Environmental
Protection Agency did not amend its wastewater pretreatment regulations during
the update period.
 
7-0
R, Land
R 03-3
In the Matter of: Exemptions from the Definition of VOM Update, USEPA
Regulations (January 1, 2002 through June 30, 2002) – The Board dismissed this
reserved identical-in-substance docket because the United States Environmental
Protection Agency did not amend its exemptions from the definition of volatile
organic material regulations during the update period.
 
7-0
R, Air
R 03-5
In the Matter of: UIC Update, USEPA Regulations (January 1, 2002 through
June 30, 2002) – The Board dismissed this reserved identical-in-substance docket
because the only United States Environmental Protection Agency amendment to
underground injection control regulations during the update period did not
require any Board action.
 
7-0
R, Land
R 03-6
In the Matter of: RCRA Subtitle D Update, USEPA Regulations (January 1,
2002) – The Board dismissed this reserved identical-in-substance docket because
the only United States Environmental Protection Agency amendment to its non-
hazardous waste regulations during the update period did not require any Board
action.
 
7-0
R, Land
 
Administrative Citations
 
AC 01-29
AC 01-30
IEPA v. Lesslie Yocum, Sandra Yocum, Rick L. Yocum, and Shawna B. Yocum
(Birmingham/Yocum #1); IEPA v. Lesslie Yocum and Sandra Yocum
(Birmingham/Yocum #2) – The Board entered an order requiring respondents to
pay the Board and the Illinois Environmental Protection Agency hearing costs in
5-2
Girard and
Johnson
 
7

 
(Cons.)
pay
 
the Board and the Illinois Environmental Protection Agency hearing costs in
the amount of $281.10 and $69.33 respectively, and a civil penalty of $6,000.
This order follows the Board's interim order of June 6, 2002, which found that
this respondent had violated Sections 21(p)(3) and (p)(7) of the Environmental
Protection Act (415 ILCS 5/21(p)(3), (p)(7) (2000)
amended by
P.A. 92-0574,
eff. June 26, 2002) and assessed a penalty of $6,000 at respondents’ Schuyler
County facility.
 
dissented
AC 01-42
IEPA v. Alan Smith – The Board entered an order requiring respondent to pay
 
the Board and the Illinois Environmental Protection Agency hearing costs in the
amount of $335.25 and $88.65 respectively, and a civil penalty of $1,500. This
order follows the Board's interim order of June 6, 2002, which found that this
respondent had violated Section 21(p)(3) of the Environmental Protection Act
(415 ILCS 5/21 (p)(3) (2000)
amended by
P.A. 92-0574, eff. June 26, 2002) and
assessed a penalty of $1,500 at respondent’s Champaign County facility.
 
7-0
AC 02-2
IEPA v. Nordean and Susan Simons d/b/a Berman Auto Parts – The Board
entered an interim opinion and order finding respondents violated Section
21(p)(1) of the Illinois Environmental Protection Act (415 ILCS 5/21(p)(1)
(2000)
amended by
P.A. 92-0574, eff. June 26, 2002) and assessing a penalty of
$1,500. The Board ordered the Clerk of the Board and the Environmental
Protection Agency to file within 14 days a statement of hearing costs, supported
by affidavit, with service on respondents.
 
7-0
AC 02-7
IEPA v. Terry and Litisha Springer The Board entered an interim opinion and
order finding respondents violated Section 21(p)(1) of the Illinois Environmental
Protection Act (415 ILCS 5/21(p)(1) (2000)
amended by
P.A. 92-0574, eff. June
26, 2002) and assessing a penalty of $1,500. The Board ordered the Clerk of the
Board and the Environmental Protection Agency to file within 14 days a
statement of hearing costs, supported by affidavit, with service on respondents.
 
7-0
AC 02-16
IEPA v. Brad Krstic – The Board entered an order requiring respondent to pay
 
the Board and the Illinois Environmental Protection Agency hearing costs in the
amount of $467.00 and $140.40 respectively, and a civil penalty of $1,500. This
order follows the Board's interim order of June 6, 2002, which found that this
respondent had violated Section 21(p)(3) of the Environmental Protection Act
(415 ILCS 5/21 (p)(3) (2000)
amended by
P.A. 92-0574, eff. June 26, 2002) and
assessed a penalty of $1,500 at respondent’s Mercer County facility.
 
7-0
AC 02-18
IEPA v. Bradney Luckhart – In response to a joint stipulation and settlement
agreement in this administrative citation action involving a Logan County
facility, the Board found respondent violated Section 21(p)(3) of the Illinois
Environmental Protection Act (Act) (415 ILCS 5/21(p)(3) (2000)
amended by
 
P.A. 92-0574, eff. June 26, 2002) and ordered respondent to pay a civil penalty
of $1,500. The Board also dismissed the alleged violations of Sections 21(p)(1)
and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2000)
amended by
P.A. 92-
0574, eff. June 26, 2002).
 
7-0
 
 
8

 
 
AC 02-20
IEPA v. Housewright Lumber Company and William A. Housewright – In
response to a joint stipulation and settlement agreement in this administrative
citation action involving a Hancock County facility, the Board found respondents
violated Sections 21(p)(1) and (p)(3) of the Illinois Environmental Protection Act
(415 ILCS 5/21(p)(1), (p)(3) (2000)
amended by
P.A. 92-0574, eff. June 26,
2002) and ordered respondents to pay a civil penalty of $3,000. The Board also
dismissed the alleged violations of Sections 21(p)(4) and (p)(7) of the Act (415
ILCS 5/21(p)(4), (p)(7) (2000)
amended by
P.A. 92-0574, eff. June 26, 2002).
 
7-0
AC 02-32
IEPA v. Colorado Real Estate & Investment Company – In response to a joint
stipulation and settlement agreement in this administrative citation action
involving a Peoria County facility, the Board found respondent violated Section
21(p)(1) of the Illinois Environmental Protection Act (Act) (415 ILCS 5/21(p)(1)
(2000)
amended by
P.A. 92-0574, eff. June 26, 2002) and ordered respondent to
pay a civil penalty of $1,500. The Board also dismissed the alleged violations of
Section 21(p)(7) of the Act (415 ILCS 5/21(p)(7) (2000)
amended by
P.A. 92-
0574, eff. June 26, 2002).
 
7-0
AC 02-39
IEPA v. Jerel Childers – In response to a joint stipulation and settlement
agreement in this administrative citation action involving a Massac County
facility, the Board found respondent violated Section 21(p)(1) of the Illinois
Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2000)
amended by
 
P.A. 92-0574, eff. June 26, 2002) and ordered respondent to pay a civil penalty
of $1,500. The Board also dismissed the alleged violations of Sections 21(p)(3)
and (p)(7) of the Act (415 ILCS 5/21(p)(3), (p)(7) (2000)
amended by
P.A. 92-
0574, eff. June 26, 2002).
 
7-0
AC 02-42
IEPA v. Herbert L. Board – In response to a joint stipulation and settlement
agreement in this administrative citation action involving an Edgar County
facility, the Board found respondent violated Section 21(p)(1) of the Illinois
Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2000)
amended by
 
P.A. 92-0574, eff. June 26, 2002) and ordered respondent to pay a civil penalty
of $1,500.
 
7-0
AC 02-56
City of Chicago Department of Environment v. City Wide Disposal, Inc. – The
Board dismissed this administrative citation involving a Cook County facility
due to the City of Chicago’s failure to timely serve it on respondent.
 
7-0
AC 02-57
City of Chicago Department of Environment v. City Wide Disposal, Inc. – The
Board found that this Cook County respondent violated Sections 21(p)(1) and
(p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2000)
amended by
P.A. 92-0574,
eff. June 26, 2002), and ordered respondent to pay a civil penalty of $3,000
.
 
 
6-1
Girard
dissented
AC 02-58
IEPA v. RCS, Inc. and Robert Fosnock – The Board dismissed this
administrative citation involving a Jersey County facility due to the Illinois
Environmental Protection Agency’s failure to timely serve it on respondents.
 
7-0
 
9

 
 
AC 02-60
IEPA v. Little Dozing Service, Inc. – In response to a joint stipulation and
settlement agreement in this administrative citation action involving an Edgar
County facility, the Board found respondent violated Sections 21(p)(1) and
(p)(3) of the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3) (2000)
amended by P.A. 92-0574, eff. June 26, 2002) and ordered respondent to pay a
civil penalty of $3,000. The Board also dismissed the alleged violation of
Section 21(p)(7) of the Act (415 ILCS 5/21(p)(7) (2000) amended by P.A. 92-
0574, eff. June 26, 2002) and the petition for review.
 
7-0
AC 02-61
IEPA v. Steve Koester – The Board accepted for hearing this petition for review
of an administrative citation against this Champaign County respondent.
 
7-0
 
Decisions
PCB 96-256
People of the State of Illinois v. Crier Development Company and Bradley S.
Cowell –– Having previously found that respondent violated Section 12(b) of the
Act and 35 Ill. Adm. Code 309.202(a) (415 ILCS 5/12(b) (2000)
amended by
 
P.A. 92-0574, eff. June 26, 2002), the Board ordered the respondents to pay a
total civil penalty of $25,000 and to cease and desist from further violation of the
Act. Complainant must file an affidavit in support of their request for fees by
August 22, 2002, and respondents may file a response to the affidavit by
September 5, 2002.
 
6-1
Marovitz
dissented
W-E
PCB 03-4
People of the State of Illinois v. Oak Terrace Sanitary System, Inc. – In this
water enforcement action concerning a Christian County facility, the Board
granted relief from the hearing requirement of Section 31(c)(1) of the Illinois
Environmental Protection Act (415 ILCS 5/31(c)(1) (2000)
amended by
P.A. 92-
0574, eff. June 26, 2002), accepted a final stipulation and settlement agreement,
ordered the respondent to pay a total civil penalty of $4,000, and to cease and
desist from further violations.
6-1
Marovitz
dissented
W-E
 
Motions and Other Matters
PCB 97-119
People of the State of Illinois v. G&M Total, Inc. and George Papas, individually
and as President of G&M Total, Inc. – The Board denied respondent’s motion
for leave to appear
pro hac vice
.
 
7-0
UST-E
PCB 97-193
People of the State of Illinois v. Community Landfill Company, Inc. – The Board
denied complainant’s motion to strike respondent affidavit, and will allow
complainant until August 15, 2002 to respond to the motion to strike affidavit.
 
7-0
L-E
PCB 99-120
People of the State of Illinois v. Wood River Refining Company – The Board
granted in part and denied in part complainant’s motion to strike affirmative
defenses.
 
7-0
A-E
10

 
 
PCB 99-193
People of the State of Illinois v. The Purdy Company and Indiana Harbor Belt
Railroad – Upon receipt of a proposed stipulation and settlement agreement and
an agreed motion to request relief from the hearing requirement in this land
enforcement action involving a Cook County facility, the Board ordered
publication of the required newspaper notice.
 
7-0
L-E
PCB 00-111
People of the State of Illinois v. R. Frietsch & Company, Inc. – The Board
denied the motions for summary judgment and found it unnecessary to decide on
the complainant’s motion to strike the affidavit.
 
7-0
A-E
PCB 00-140
Gladys L. Knox and David A. Knox v. Turris Coal Company and AEI
Resources, Inc. – The Board denied respondent’s objections to evidentiary
rulings finding that the hearing officer correctly ruled to allow the testimony,
report, and rebuttal testimony of Greg Zak.
 
7-0
Citizens N-E
PCB 00-160
ESG Watts, Inc. (Sangamon Valley Landfill) v. IEPA – The Board declined to
rule on petitioner’s motion for summary judgment and ordered this matter to
proceed to hearing.
 
7-0
P-A, Land
PCB 00-226
Equilon Enterprises L.L.C. v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this air permit appeal involving a Cook County facility.
 
7-0
P-A, Air
PCB 01-38
Equilon Enterprises L.L.C. v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this air permit appeal involving a Cook County facility.
 
7-0
P-A, Air
PCB 01-116
Premcor Refining Group, Inc. v. IEPA - The Board granted petitioner’s motion
for voluntary dismissal of this underground storage tank appeal involving a
DuPage County facility.
7-0
UST
Appeal
 
PCB 02-172
Reichhold Chemicals, Inc. (Corrective Actions Cost November 11, 1998 through
November 26, 1999) v. IEPA – Having previously granted a request for a 90-day
extension, the Board dismissed this matter because no underground storage tank
appeal was filed on behalf of this Cook County facility.
 
7-0
UST Fund
PCB 02-183
Shearon, Inc. v. IEPA - Having previously granted a request for a 90-day
extension, the Board dismissed this matter because no underground storage tank
appeal was filed on behalf of this McHenry County facility.
 
7-0
UST Appeal
 
PCB 02-187
UOP L.L.C. v. IEPA – The Board accepted for hearing this permit appeal
involving a Cook County facility.
 
7-0
P-A, Air
 
11

 
PCB 02-188
Smithfield Properties IV, L.L.C. v. IEPA - Having previously granted a request
for a 90-day extension, the Board dismissed this matter because no underground
storage tank appeal was filed on behalf of this Cook County facility.
 
7-0
UST Appeal
 
PCB 02-189
Wareco Service, Inc. v. IEPA – The Board accepted for hearing this underground
storage tank appeal involving a Knox County facility.
 
7-0
UST Fund
 
PCB 02-190
Mark IV Realty, Inc. v. IEPA – The Board accepted for hearing this underground
storage tank appeal involving a Cook County facility.
 
6-0
Melas
recused
UST Appeal
 
PCB 02-193
Illinois Valley Paving Company v. IEPA - Having previously granted a request
for a 90-day extension, the Board dismissed this matter because no underground
storage tank appeal was filed on behalf of this Scott County facility.
7-0
UST-Appeal
90-Day Ext.
 
PCB 02-196
Smoot Oil Company v. IEPA – The Board accepted for hearing this underground
storage tank appeal involving a Union County facility.
 
7-0
UST-FRD
 
PCB 02-208
Brian Finley, Local 3315 of the American Federation of State, County, and
Municipal Employees (Cook County Public Defenders Association) and named
others v. Acme Barrel Company, Inc. a/k/a Acme Barrel Company, a/k/a IFCO
Systems Chicago, Inc. and others – The Board found that the alleged violations
in the complaint were neither duplicative nor frivolous, denied respondent’s
motion to dismiss, and accepted for hearing this matter involving a Cook County
facility.
 
7-0
Citizens A-E
PCB 02-225
Janet Wagner v. Lisa Perenchio and Jim Weihsmantel – The Board found that
the alleged violations in the complaint were neither duplicative nor frivolous,
denied respondent’s motion to dismiss, and accepted for hearing this matter
involving a Cook County facility.
 
7-0
Citizens
N-E
PCB 03-5
People of the State of Illinois v. Star Electronics, Inc. – The Board accepted for
hearing this air enforcement action involving a Cook County facility.
 
7-0
A-E
 
PCB 03-8
Ralph Johnson Estate v. IEPA - The Board granted this request for a 90-day
extension of time to file an underground storage tank appeal on behalf of this
Christian County facility.
 
7-0
UST Appeal
90-Day Ext.
 
12

 
 
PCB 03-9
Piasa Motor Fuels v. IEPA - The Board granted this request for a 90-day
extension of time to file an underground storage tank appeal on behalf of this
Madison County facility.
 
7-0
UST Appeal
90-Day Ext.
 
PCB 03-10
Ralph’s Bonded Service v. IEPA – The Board granted this request for a 90-day
extension of time to file an underground storage tank appeal on behalf of this
Hancock County facility.
 
7-0
UST Appeal
90-Day Ext.
 
PCB 03-11
City of Carlyle v. IEPA – The Board accepted this public water supply variance
involving a Clinton County facility.
 
7-0
PWS-V
 
PCB 03-12
People of the State of Illinois v. Riverstone Group, Inc. – The Board accepted for
hearing this water enforcement action involving a LaSalle County facility.
 
7-0
W-E
PCB 03-13
People of the State of Illinois v. Chicago Diversified Projects, Inc. – The Board
accepted for hearing this air enforcement action involving a Cook County
facility.
 
7-0
A-E
 
August 22, 2002
Chicago, Illinois
 
Administrative Citations
AC 02-60
IEPA v. Little Dozing Service, Inc. – In response to a joint stipulation and
settlement agreement in this administrative citation action involving an Edgar
County facility, the Board found respondent violated Sections 21(p)(1) and
(p)(3) of the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3) (2000)
 
amended by
P.A. 92-0574, eff. June 26, 2002) and ordered respondents to pay a
civil penalty of $3,000. The Board also dismissed the alleged violation of
Section 21(p)(7) of the Act (415 ILCS 5/21(p)(7) (2000)
amended by
P.A. 92-
0574, eff. June 26, 2002) and the petition for review.
 
7-0
 
Decisions
PCB 96-256
People of the State of Illinois v. Crier Development Company, and Bradley S.
Cowell – The Board granted complainant’s motion to withdraw its request for
attorney’s fees. Having previously found that respondent violated Section 12(b)
of the Act and 35 Ill. Adm. Code 309.202(a) (415 ILCS 5/12(b) (2000)
amended
by
P.A. 92-0574, eff. June 26, 2002), the Board ordered the respondents to pay a
total civil penalty of $25,000 and to cease and desist from further violation of the
Act.
 
6-1
Marovitz
dissented
W-E
 
13

 
Motions and Other Matters
PCB 96-143
People of the State of Illinois v. Michel Grain Company, Inc. d/b/a Michel
Fertilizer, Carlyle Michel, and Ronnie Todd – The Board denied respondent
Todd’s motion to be dismissed from this enforcement action. Additionally, the
Board ordered complainant to amend its complaint within 30 days to reflect the
notice to respondents required under 35 Ill. Adm. Code 103.204(f). The Board
granted complainant leave to include in the amended complaint any new
allegations.
 
7-0
W-E
PCB 97-113
People of the State of Illinois v. Homin Lee d/b/a Meisel Plating – Upon receipt
of a proposed stipulation and settlement agreement and an agreed motion to
request relief from the hearing requirement in this Resource Conservation and
Recovery Act enforcement action involving a Cook County facility, the Board
ordered publication of the required newspaper notice.
 
7-0
RCRA-E
PCB 99-134
People of the State of Illinois v. Peabody Coal Company – The Board granted
complainant’s motion for leave to file its second amended complaint, but also
directed complainant to file a third amended complaint, eliminating references to
Section 302.208 of the Board’s regulations.
 
7-0
W-E
PCB 00-104
People of the State of Illinois v. The Highlands, LLC, Murphy Farms, Inc. (a
division of Murphy Brown, LLC and Smithfield Foods, Inc.) - The Board
ordered complainant to provide proof of notice to respondents required under 35
Ill. Adm. Code 103.204(f). Upon proof that respondents have been served, the
Board referred complainant’s motion for leave to file an amended complaint to
the hearing officer for disposition.
 
7-0
A-E
PCB 02-19
ChemRex, Inc. v. IEPA – The Board granted petitioner’s motion for voluntary
dismissal of this underground storage tank appeal involving a Cook County
facility.
 
7-0
UST
Appeal
 
PCB 02-56
People of the State of Illinois v. Chiquita Processed Foods, L.L.C. – The Board
found complainant’s motion to strike objections to the request to admit facts to
be moot and accepted complainant’s response to affirmative defenses.
 
7-0
W-E
 
 
PCB 02-171
Reichhold Chemicals, Inc. (Corrective Actions Cost November 27, 1999 thru
December 29, 2000) v. IEPA – Having previously granted a request for a 90-day
extension, the Board dismissed this matter because no underground storage tank
appeal was filed on behalf of this Cook County facility.
 
7-0
UST-FRD
 
PCB 02-202
PM AG Products, Inc. v. IEPA – Having previously granted a request for a 90-
day extension, the Board dismissed this matter because no underground storage
tank appeal was filed on behalf of this Pike County facility.
 
7-0
UST-FRD
 
14

 
PCB 02-204
Illinois State Toll Highway Authority (ISTHA Maintenance Facility M-5; 1-90,
Mile Post 11) v. IEPA – Having previously granted a request for a 90-day
extension, the Board dismissed this matter because no underground storage tank
appeal was filed on behalf of this Cook County facility.
 
7-0
UST-FRD
 
PCB 03-3
Akzo Nobel Surface Chemistry L.L.C. v. IEPA – The Board accepted for
hearing this petition for variance from effluent limits involving a Grundy County
facility.
 
7-0
W-V,
NPDES
PCB 03-7
Hurley Rulon, Carol Rulon, Frank Ewen, Janice Ewen, Jerome Hayn, Betty
Hayn, John O. Schumann, Alice Schumann, Brenda Nord, Carl Nord, April
Swan, Anthony Swan, Carol Adkins, Paul Adkins, and Paul Niebruegge v.
Double D Gun Club – The Board found that the alleged violations in the
complaint were frivolous and dismissed this matter involving a Calhoun County
facility.
 
7-0
Citizens
L&W-E
PCB 03-14
People of the State of Illinois v. Riba-Fairfield, Inc. – The Board accepted for
hearing this Resource Conservation and Recovery Act enforcement action
involving a Macon County facility.
 
7-0
RCRA-E
 
PCB 03-15
Rash, Inc. v. IEPA – The Board granted this request for a 90-day extension of
time to file an underground storage tank appeal on behalf of this Gallatin County
facility.
7-0
UST-FRD
90-Day Ext.
 
PCB 03-16
King's 66 Service Station v. IEPA - The Board granted this request for a 90-day
extension of time to file an underground storage tank appeal on behalf of this
Madison County facility.
 
7-0
UST
Appeal
90-Day Ext.
 
PCB 03-17
People of the State of Illinois v. Petroleum Fuel & Terminal Company – Upon
receipt of a proposed stipulation and settlement agreement and an agreed motion
to request relief from the hearing requirement in this air enforcement action
involving a Madison County facility, the Board ordered publication of the
required newspaper notice.
 
7-0
A-E
 
 
 
New Cases
 
 
August 8, 2002 Board Meeting
03-4
People of the State of Illinois v. Oak Terrace Sanitary System, Inc. – In this water enforcement action
concerning a Christian County facility, the Board granted relief from the hearing requirement of Section 31(c)(1) of
the Environmental Protection Act (415 ILCS 5/31(c)(1) (2000)
amended by
P.A. 92-0574, eff. June 26, 2002),
15

Environmental Register – June 2002
accepted a final stipulation and settlement agreement, ordered the respondent to pay a total civil penalty of $4,000,
and to cease and desist from further violations.
03-5
People of the State of Illinois v. Star Electronics, Inc. – The Board accepted for hearing this air enforcement
action involving a Cook County facility.
03-6
The City of Farmington, Farmington Sanitary District, and The Farmington Central Community Unit School
District No. 265 v. IEPA – No action taken.
03-7
Hurley Rulon, Carol Rulon, Frank Ewen, Janice Ewen, Jerome Hayn, Betty Hayn, John O. Schumann, Alice
Schumann, Brenda Nord, Carl Nord, April Swan, Anthony Swan, Carol Adkins, Paul Adkins, and Paul Niebruegge
v. Double D Gun Club – The Board held for a later duplicative /frivolous determination this citizen’s land and water
enforcement action involving a Calhoun County facility.
03-8
Ralph Johnson Estate v. IEPA - The Board granted this request for a 90-day extension of time to file an
underground storage tank appeal on behalf of this Christian County facility.
03-9
Piasa Motor Fuels v. IEPA - The Board granted this request for a 90-day extension of time to file an
underground storage tank appeal on behalf of this Madison County facility.
03-10
Ralph’s Bonded Service v. IEPA – The Board granted this request for a 90-day extension of time to file an
underground storage tank appeal on behalf of this Hancock County facility.
03-11
City of Carlyle v. IEPA – The Board accepted this public water supply variance involving a Clinton County
facility.
03-12
People of the State of Illinois v. Riverstone Group, Inc. – The Board accepted for hearing this water
enforcement action involving a LaSalle County facility.
03-13
People of the State of Illinois v. Chicago Diversified Projects, Inc. – The Board accepted for hearing this air
enforcement action involving a Cook County facility.
AC 03-1
IEPA v. Tony Luttrell – The Board accepted an administrative citation against this Clay
 
County
respondent.
AC 03-2
IEPA v. Ed Heitz - The Board accepted an administrative citation against this McLean
 
County respondent.
AC 03-3
IEPA v. Rayetta Thompson – The Board accepted an administrative citation against this Union
 
County
respondent.
AC 03-4
City of Chicago Department of Environment v. Mannion Plumbing, Inc. – The Board accepted an
administrative citation against this Cook
 
County respondent.
AC 03-5
IEPA v. Loxley, Inc. – The Board accepted an administrative citation against this Cass
 
County respondent.
R 03-8
In the Matter of: Noise Rule Update: Amendments to 35 Ill. Adm. Code 900 – The Board reserved this
docket for a future rulemaking to amend the Board’s noise pollution control regulations.
 
August 22, 2002 Board Meeting
 
03-14
People of the State of Illinois v. Oak Terrace Sanitary System, Inc. – In this water enforcement action
concerning a Christian County facility, the Board granted relief from the hearing requirement of Section 31(c)(1) of
the Environmental Protection Act (415 ILCS 5/31(c)(1) (2000)
amended by
P.A. 92-0574, eff. June 26, 2002),
accepted a final stipulation and settlement agreement, ordered the respondent to pay a total civil penalty of $4,000,
and to cease and desist from further violations.
03-15
People of the State of Illinois v. Star Electronics, Inc. – The Board accepted for hearing this air enforcement
action involving a Cook County facility.
03-16
The City of Farmington, Farmington Sanitary District, and The Farmington Central Community Unit School
District No. 265 v. IEPA – No action taken.
 
16

Environmental Register – June 2002
03-17
Hurley Rulon, Carol Rulon, Frank Ewen, Janice Ewen, Jerome Hayn, Betty Hayn, John O. Schumann, Alice
Schumann, Brenda Nord, Carl Nord, April Swan, Anthony Swan, Carol Adkins, Paul Adkins, and Paul Niebruegge
v. Double D Gun Club – The Board held for a later duplicative /frivolous determination this citizen’s land and water
enforcement action involving a Calhoun County facility.
AC 03-6
IEPA v. Edward Sapp – The Board accepted an administrative citation against this Logan
 
County
respondent.
AC 03-7
IEPA v. Herb Flannel and Wallace Excavating Company – The Board accepted an administrative citation
against these Moultrie
 
County respondents.
AC 03-8
IEPA v. Denny and Vicki Richey – The Board accepted an administrative citation against these Clark
 
County respondents.
R 03-9
In the Matter of: Noise Rule Update: Amendments to 35 Ill. Adm. Code 901 – The Board reserved this
docket for a future rulemaking to amend the Board’s noise pollution control regulations.
 
Calendar
 
9/4/2002
9:00 AM
PCB 01-153
City of Salem v. IEPA
Hearing Room 403
600 South Second Street
Springfield
9/5/2002
11:00 AM
 
Illinois Pollution Control Board
Meeting
VIDEOCONFERENCE—Chicago/Springfield
James R. Thompson Center
Conference Room 11-512
100 West Randolph Street/Chicago
Hearing Room 403
600 South Second Street/Springfield
9/5/2002
9:00 AM
PCB 01-153
City of Salem v. IEPA
Hearing Room 403
600 South Second Street
Springfield
9/17/2002
9:00 AM
PCB 02-41
Milton C. and Virgina L. Kamholz v.
Lawrence and Mariane Sporleder
Training Room
414 West Judd Street
Woodstock
9/17/2002
10:00 AM
PCB 02-79
People of the State of Illinois v.
Walter F. Deemie d/b/a/
River City Demolition
Hearing Room 403
600 South Second Street
Springfield
9/18/2002
9:00 AM
PCB 02-41
Milton C. and Virgina L. Kamholz v.
Lawrence and Mariane Sporleder
Training Room
414 West Judd Street
Woodstock
9/19/2002
11:00 AM
 
Illinois Pollution Control Board
Meeting
VIDEOCONFERENCE—Chicago/Springfield
James R. Thompson Center
Conference Room 11-512
100 West Randolph Street/Chicago
Hearing Room 403
600 South Second Street/Springfield
9/24/2002
10:00 AM
PCB 00-184
UAP Richter Company (McDonough
County) (Property Identification
No. 08-000-071-00) v.
IEPA
Hearing Room 403
600 South Second Street
Springfield
9/26/2002
10:00 AM
PCB 00-177
Michael D. Logsdon, Darrell E.
Mann, Kathy Mann, Russell Spillman,
Marilyn Spillman, Rita Martin, Alvin
W. Abbott, Kathy Abott, Diana
Collins and Dave Collins v.
South Fork Gun Club
Christian County Courthouse
Second Floor Board Room
101 Main Street
Taylorville
 
17

Environmental Register – June 2002
10/02/2002 PCB
02-21
People of the State of Illinois v.
J. & F Hauling, Inc.
James R. Thompson Center
Conference Room 11-512
100 West Randolph Street
Chicago
10/3/2002
11:00 AM
 
Illinois Pollution Control Board
Meeting
Conference Room 403
600 South Second Street
Springfield
10/072002
PCB 00-133
Giertych, Stoklosa et. al v. 4T’s
Management
James R. Thompson Center
Conference Room 11-512
Chicago
10/11/2002 R
02-21
Petition of Central Illinois
Light Company
(E.D. Edwards Generating Station)
for a Site-Specific Air Regulation: 35
Ill. Adm. Code 214.561
Illinois Industrial Commission
202 N.E. Madison
Suite 201
Peoria
10/15/2002 PCB
00-160
ESG Watts, Inc.
(Sangamon Valley Landfill) v.
IEPA
Conference Room 403
600 South Second Street
Springfield
10/17/2002
11:00 AM
 
Illinois Pollution Control Board
Meeting
James R. Thompson Center
Conference Room 11-512
100 West Randolph Street
Chicago
10/22/2002 PCB
02-51
IEPA v.
Gerald Goines (Vienna/Goines,
Gerald) IEPA Docket No. 94-02-AC
Conference Room 403
600 South Second Street
Springfield
10/29/2002 PCB
02-40
IEPA v.
Robert and John Gray d/b/a Gray’s
Material Service
(Gilman/Gray’s Material Service)
IEPA Docket No. 52-02-AC
Iroquois County Courthouse
Library Room
550 South Tenth Street
Watseka
11/7/2002
11:00 AM
 
Illinois Pollution Control Board
Meeting
VIDEOCONFERENCE—Chicago/Springfield
James R. Thompson Center
Conference Room 11-512
100 West Randolph Street/Chicago
Hearing Room 403
600 South Second Street/Springfield
11/21/2002
11:00 AM
 
Illinois Pollution Control Board
Meeting
VIDEOCONFERENCE—Chicago/Springfield
James R. Thompson Center
Conference Room 11-512
100 West Randolph Street/Chicago
Hearing Room 403
600 South Second Street/Springfield
12/5/2002
11:00 AM
 
Illinois Pollution Control Board
Meeting
Conference Room 403
600 South Second Street
Springfield
12/19/2002
11:00 AM
 
Illinois Pollution Control Board
Meeting
James R. Thompson Center
Conference Room 11-512
100 West Randolph Street
Chicago
 
 
18

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
------------------------------------------------CUT HERE------------------------------------------------
 
Environmental Register Comment Card
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
The Illinois Pollution Control Board is an independent seven-member board
that adopts environmental control standards, rules on enforcement actions,
and other environmental disputes for the State of Illinois.
 
 
The Environmental Register is published monthly by the Board, and
contains
updates on rulemakings, descriptions of final decisions, the Board’s hearing
calendar, and other environmental law information.
 
 
 
 
 
------------------------------------------------CUT HERE------------------------------------------------
 
 
 
 
 
 
 
 
 
 
 
 
 
Illinois Pollution Control Board
Environmental Register Coordinator
600 South Second Street, Suite 402
Springfield, Illinois 62704
 

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