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

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