Printed by Authority of the State of Illinois, March 30, 1990, 3,700 copies, order
    #57701.
    ENVIRONMENTAL REGISTER
    ENVIRONMENTAL REGISTER
         
    No. 402 March 30, 1990
    BOARD ISSUES SUPPLEMENTAL OPINION IN
    MODINE SITE SPECIFIC FOR SECOND NOTICE
    (R87-36)
    On February 22, 1990, the Board
    proposed for Second Notice site
    specific relief for
    Modine
    Manufacturing Company for its facility
    in Ringwood, McHenry County. The
    proposed standards include site
    specific effluent standards for total
    suspended solids and biochemical
    oxygen demand ("BOD
    5
    "), and are
    proposed as SEction 304.221. The
    Board had included the relief
    regarding fluoride within the Board's
    effluent standards at Section 304.221
    instead of including that relief in
    the water quality standards at Section
    303.430 as proposed at First Notice,
    and allowed for comment on this
    change.
    On March 8, 1990 both
    Modine and
    the Agency filed comments which
    persuaded the Board that the form of
    the fluoride exemption as proposed at
    First Notice is preferable to the form
    proposed in the Board's February 22
    Opinion and Order. Accordingly, on
    March 22, 1990, the Board adopted a
    Supplemental Opinion and Order
    containing the earlier form for Second
    Notice. The Second Notice Opinion and
    Order and Supplemental Opinion and
    Order are available upon request of
    the Clerk of the Board. Questions may
    be directed to Michelle
    Tarallo at
    815/753-0947.
    BOARD SCHEDULES HEARINGS IN R89-15
    Hearings are scheduled in IDENR
    Evaluation of Underground Injection
    R89-15. The purpose of the hearings
    is to review the Department of Energy
    and Natural Resource's study of
    underground injection of hazardous
    wastes to determine whether any Board
    regulations need to be modified or
    eliminated as a result of this study.
    Hearings will be held on Thursday,
    May 17, 1990 at 10:30 a.m. at the
    Municipal Building, Council Chambers,
    7th & Monroe Streets, Springfield
    Il.
    and on Tuesday, June 5, 1990 at the
    State of Illinois Center, 100 West
    Randolph Room 9-031, Chicago,
    Il.
    Please contact Karen
    Rosenwinkel (312)
    814-3665 regarding deadlines for
    submitting pre-filed testimony and
    questions or for any further
    information.
    BOARD DETERMINES NO EcIS IS NECESSARY
    IN R90-7, AMENDMENTS TO 35
    Ill.Adm.Code 501, AGRICULTURE RELATED
    POLLUTION
    On March 22, 1990, the Board
    determined that the preparation of an
    Economic Impact Study ("EcIS") is not
    necessary in the proceeding at this
    time. Both the Department of Energy
    and Natural Resources and the Agency
    recommend that the Board determine
    that no EcIS be prepared. In its
    Order, the Board notes that it expects
    sufficient economic information to
    ge
    gathered at hearing. The Board
    further noted, however, that Section
    27 of the Environmental Protection Act
    allows for the Board to change its
    determination that an EcIS not be
    prepared if the proposal has been
    substantially modified or if
    information in the record indicates
    that an EcIS would be advisable. For
    further information, interested
    persons may contact Michelle
    Tarallo
    at 815/753-0947.

    Environmental Register No. 402
    March 30, 1990/Page 2
    BOARD AND STAFF ACTIVITIES
    Chairman Marlin was on a panel
    discussing how Illinois Regulatory
    Agencies interact with industry and
    each other on March 1, 1990. He
    appeared with Bernard
    Killian,
    Illinois Environmental Protection
    Agency Director, Christine
    Zeman,
    Chief of Environmental Control for the
    Illinois Attorney General, and Ken
    Westlake of the United States
    Environmental Protection Agency. The
    conference was sponsored by the law
    firm of Ross and
    Hardies and Warzyn Engineering.
    On March 17, 1990 Dr. Marlin
    presented awards to retiring directors
    at the 70th Annual meeting of the
    Douglas County Farm Bureau.
    FOR YOUR INFORMATION
    "The Illinois Association of
    Water Pollution Control Operators"
    will hold its 55th Annual Conference
    April 16-19, 1990 at the Holiday Inn
    East Exhibition and Convention Center,
    Springfield, Illinois. The 3-1/2 day
    conference includes a 2-1/2 day
    technical program with emphasis on
    treatment plant operation, a first day
    activated sludge process control
    workshop, an equipment exhibition, a
    spouse's program and IAWPCO awards.
    For further information, contact
    Jeremiah F. Reynolds, Secretary-
    Treasurer, IAWPCO,
    P.O. Box 230, north
    Aurora, Illinois 60542 of phone (708)
    892-6429.
    FINAL ACTIONS - MARCH 22, 1990 BOARD MEETING
    PCB 88-153
    Fiat-Allis of North America, Inc. v. IEPA
    - This matter was dismissed
    on petitioner's motion.
    PCB 89-63
    John N. Metropulos, Jr. et al v. IEPA et al
    . - All issues having been
    mooted, this matter was dismissed on the Board's motion and the
    docket closed.
    PCB 89-107
    City of Geneva v. IEPA
    - The Board accepted the Agency Recommendation
    and granted petitioner variance extension, with conditions, from the
    Board's public water supply regulations concerning Standards for
    Issuance and Restricted Status relating to combined radium-226 and
    radium-228 for its
    Kane County facility. Board Members J.
    Dumelle
    and B. Forcade dissented.
    PCB 89-150
    Sushi, Ltd., v. IEPA
    - This matter was dismissed with prejudice on the
    Agency's motion.
    PCB 89-192
    IEPA v. Northrop Corp., a Delaware Corp.
    - The Board accepted the
    Stipulation and Settlement Agreement in which respondent agreed to
    pay a civil penalty of $10,000 into the Environmental Protection
    Trust Fund for violations at its Cook County facility. Board Member
    J. Theodore Meyer dissented.
    PCB 90-38
    Village of Mount Morris v. IEPA
    - The Board accepted the Agency
    Recommendation and granted petitioner provisional variance, with
    conditions, from the Board's water pollution regulations relating to
    5-day biochemical oxygen demand and total suspended solids at its
    Grundy County facility.
    PCB 90-39
    City of Polo v. IEPA
    - The Board accepted the Agency Recommendation
    and granted petitioner provisional variance, with conditions, from
    the Board's water pollution regulations relating to 5-day biochemical
    oxygen demand and total suspended solids at its Ogle County facility.

    Environmental Register No. 402
    March 30, 1990/Page 3
    AC 88-90
    IEPA v. James Esarey - This matter was dismissed on the Agency's
    motion and the docket closed. Board Members J.
    Dumelle, J. Theodore
    Meyer and M. Nardulli dissented.
    AC 88-93
    IEPA v. City of Herrin - The Board ordered respondent to pay $1,333.46
    DOCKET B
    as compensation for hearing costs incurred by the Agency and Board for
    deposit into the General Revenue Fund, and closed the docket.
    AC 89-138
    IEPA v. Dr. John
    Donovan - The Board ordered respondent to pay $629.37
    DOCKET B
    as compensation for hearing costs incurred by the Board for deposit
    into the General Revenue Fund, and closed the docket. Board Member
    J. Theodore Meyer dissented.
    AC 89-200
    IEPA v. George Jones, d/b/a George Jones Excavating, and City of
    Creal
    Springs - The Board granted the Agency's motion to enter a default
    order against the City of
    Creal Springs, found it violated Section
    21(q)(3) of the Act and imposed a fine of $500.
    AC 90-15
    Jackson County v. Everett Allen d/b/a Allen Waste Management
    - The
    Board found respondent violated Section 21(p)(12) of the Act and
    imposed a fine of $500.
    AC 90-17
    County of Jackson v. Clarence
    Weatherford, d/b/a C.W. Trash Service
    -
    The Board found respondent violated Sections 21(q)(1), 21(q)(2),
    21(q)(3) and 21(q)(4) of the Act and imposed a fine of $2,000.
    NEW CASES - MARCH 22, 1990 BOARD MEETING
    PCB 90-36
    H & L Disposal Co., Inc., v. IEPA
    - Petitioner seeks review of the
    Agency's denial of its permit application to burn landscape waste at
    its Vermilion County facility. Accepted for hearing.
    PCB 90-37
    IEPA v. Nesco Steel Barrel Co
    . Complainant alleges violations of the
    Act and Board air pollution regulations at respondent's Madison
    County facility. Hearing mandatory.
    PCB 90-38
    Village of Mount Morris v. IEPA
    - See Final Actions.
    PCB 90-39
    City of Polo v. IEPA
    - See Final Actions.
    PCB 90-40
    Waste Management of Illinois, Inc., v. IEPA
    - Petitioner seeks review
    of certain Agency imposed conditions in the permit application for
    its Cook County facility. Accepted for hearing.
    CALENDAR *
    April 6
    N-E
    Tony F. Martin and Patricia R. Martin v. Oak Valley
    9:30 a.m.
    Wood Products - PCB 89-179, Richland County Courthouse, Jury
    Room, 3rd Floor,
    Olney.
    April 6
    A-C
    EPA v. Robert A.
    Sanvi - AC 89-296, Council
    10:00 a.m.
    Chambers, City Hall, 304 West Main Street,
    Staunton.
    April 6
    R
    Development, Operating and Reporting Requirements
    10:00 a.m.
    for Non-Hazardous Waste Landfills
    - R88-7, State of Illinois
    Center, 100 W. Randolph St., Room 9-031, Chicago.
    April 11
    R
    Site-Specific Rule Change for Abbott Laboratories
    10:30 a.m.
    (Pharmaceuticals)
    - R88-14, State of Illinois Center, 100 W.
    Randolph St., Suite 11-500, Chicago.
    April 12
    Pollution Control Board Meeting, State of Illinois Center,
    100 W. Randolph St., Conference Room 9-040, Chicago.

    Environmental Register No. 402
    March 30, 1990/Page 4
    April 17
    A-E
    People of the State of Illinois v. Wisconsin Can
    10:00 a.m.
    Company - PCB 90-15, State of Illinois Center, 100 W.
    Randolph St., Suite 11-500, Chicago.
    April 17
    R
    Hazardous Waste Prohibitions
    - R86-9 (Docket B),
    10:00 a.m.
    Northeastern Planning Commission, 400 W. Madison St., Suite
    200, Chicago.
    April 18
    P-A
    D & B Refuse Service, Inc. v. EPA
    - PCB 89-106,
    9:30 a.m.
    Moultrie County Courthouse, Grand Jury Room, Third Floor,
    Sullivan.
    April 19
    N-E
    Vito Zivoli v. Prospect Dive and Sports Shop Ltd.
    10:00 a.m.
    and Michael S. Ropers
    - PCB 89-205, State of Illinois Center,
    100 W. Randolph St., Suite 11-500, Chicago.
    April 19
    P-A
    National Coatings, Inc. v. EPA
    - PCB 89-181, Knox
    11:00 a.m.
    County Court house, Second Floor, Bailiff's Office, Galesburg.
    April 20
    P-A
    Olney Sanitary Systems and Andrew
    Ochs v. EPA - PCB
    10:00 a.m.
    89-175, City Council Room, City Hall, 300 South Whittle,
    Olney.
    April 20
    P-A
    Pekin Energy Company v. EPA
    - PCB 89-171, Tazewell
    9:00 a.m.
    County Board Room, 3rd Floor, 11 South 4th St., Mackenzie
    Building, Pekin.
    April 23
    A-E
    People of the State of Illinois v.
    DuPage Plating
    10:30 a.m.
    Co., Inc. - PCB 90-19, 188 Industrial Drive, Room 438,
    Elmhurst.
    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 25
    P-A
    The City of Metropolis v. EPA
    - PCB 90-8, City Council
    10:00 a.m.
    Chambers, Metropolis City Hall, 106 West 5th St., Metropolis.
    April 25
    PWS-V
    City of Braidwood v. EPA - PCB 89-212, Braidwood
    10:00 a.m.
    City Hall, 141 W. Main Street,
    Braidwood.
    April 26
    Pollution Control Board Meeting, State of Illinois Center,
    100 W. Randolph St., Conference Room 9-040, Chicago.
    April 26
    P-A
    The City of Metropolis v. EPA
    - PCB 90-8, City Council
    10:00 a.m.
    Chambers, Metropolis City Hall, 106 West 5th St., Metropolis.
    April 26
    N-E
    John Zarlenga & Jean Zarlenga v. Partnership
    10:00 a.m.
    Concepts, Howard
    Edison, Bruce McClarien, Cove
    Development Company and Thomas
    O'Brien - PCB 89-169, Wood
    Dale Public Library, 520 N. Wood Dale Road, Wood Dale.
    April 27
    P-A
    The City of Metropolis v. EPA
    - PCB 90-8, City Council
    10:00 a.m.
    Chambers, Metropolis City Hall, 106 West 5th St., Metropolis.
    April 27
    P-A
    Pollution Control Industries of America v. EPA
    -
    9:30 a.m.
    PCB 90-35, State of Illinois Center, 100 W. Randolph St.,
    Suite 11-500, Chicago.
    May 1
    R
    Hazardous Waste Prohibitions
    - R86-9 (Docket B),
    11:00 a.m.
    Stratton Building, D-1, Monroe and College
    Sts., Springfield.
    May 1
    A-C
    EPA v. G & M Wrecking Company
    - AC 89-304, State of
    10:00 a.m.
    Illinois Center, 100 W. Randolph St., Suite 11-500, Chicago.

    Environmental Register No. 402
    March 30, 1990/Page 5
    May 3
    A-E
    EPA v. Ekco Glaco Corporation
    - PCB 89-200, State of
    9:30 a.m.
    Illinois Center, 100 W. Randolph St., Suite 11-500, Chicago.
    (Will continue on May 4, 1990 if necessary.)
    May 3
    A-C
    EPA v. Quantum Chemical Company
    - AC 89-275, Tuscola
    9:30 a.m.
    City Council Chambers,
    Tuscola Community Building, 122 W.
    North Central, Tuscola.
    May 4
    A-E
    EPA v. Ekco Glaco Corporation
    - PCB 89-200, State of
    9:30 a.m.
    Illinois Center, 100 W. Randolph St., Suite 11-500, Chicago.
    May 4
    P-A
    National Steel Corporation, Granite City Division v.
    10:00 a.m.
    EPA - PCB 90-33, Law Office of Joseph
    Kelleher, 322 S.
    Buchanan St., Suite D,
    Edwardsville.
    May 7
    W-V
    Laclede Steel Company v. EPA
    - PCB 90-29, City Hall
    10:00 a.m.
    Conference Room, 101 East Third St., Alton.
    May 9
    A-C
    EPA v. Adolph Lo - AC 89-191, Champaign City
    9:00 a.m.
    Building, City Council Chambers, 102 N. Neil St., Champaign.
    May 10
    A-C
    EPA v. John Vander - AC 89-224, State of Illinois
    10:00 a.m.
    Building, South Conference Room, 2309 West Main, Marion.
    May 10
    Pollution Control Board Meeting, State of Illinois Center,
    100 W. Randolph St., Conference Room 9-040, Chicago.
    May 15
    A-E
    People of the State of Illinois v. The United States
    11:00 a.m.
    Department of the Navy
    - PCB 90-17, Lake County
    Administrative Building, 10th Floor, 18 North County Street,
    Waukegan.
    May 16
    A-C
    EPA v. City of Rutland - AC 89-242, Fire District
    10:00 a.m.
    Building, Rutland.
    May 17
    R
    IDENR Evaluation of Underground Injection
    - R89-15,
    10:30 a.m.
    Municipal Building Council Chambers, 7th and Monroe Str
    eet,
    Springfield.
    May 18
    W-E
    People of the State of Illinois v. PQ Corporation
    -
    1:00 p.m.
    PCB 90-14, County Board Room 242, 707 Etna Road, Ottawa.
    May 24
    Pollution Control Board Meeting, State of Illinois Center,
    100 W. Randolph St., Conference Room 9-040, Chicago.
    June 5
    R
    IDENR Evaluation of Underground Injection
    - R89-15,
    10:00 a.m.
    State of Illinois Center, 100 W. Randolph St., Room 9-031,
    Chicago.
    June 7
    Pollution Control Board Meeting, State of Illinois Center,
    100 W. Randolph St., Conference Room 9-040, Chicago.
    June 11
    A-E
    People of the State of Illinois v.
    Clybourn Metal
    10:00 a.m.
    Finishing Company
    , - PCB 89-157, Law Office of Joshua
    Sachs,
    134 N. LaSalle St., Suite 2222, Chicago.
    June 11
    A-E
    People of the State of Illinois v.
    Gilbertson
    11:00 a.m.
    Clybourn, Inc. - PCB 89-158, Law Office of Joshua
    Sachs, 134
    N. LaSalle St., Suite 2222, Chicago.
    June 12
    A-E
    People of the State of Illinois v.
    Hysan Corporation
    9:30 a.m.
    PCB 90-12, State of Illinois Center, 100 W. Randolph St.,
    Suite 11-500, Chicago.
    June 13
    A-E
    People of the State of Illinois v. Crown Cork & Seal

    Environmental Register No. 402
    March 30, 1990/Page 6
    9:30 a.m.
    Company, Inc. - PCB 89-201, State of Illinois Center, 100 W.
    Randolph St., Suite 11-500, Chicago.
    June 19
    A-E
    People of the State of Illinois v. Crown Cork & Seal
    9:30 a.m.
    Company, Inc. - PCB 89-159, Kankakee Detention Center, 400 E.
    Merchant, Kankakee.
    June 21
    Pollution Control Board Meeting, State of Illinois Center,
    100 W. Randolph St., Conference Room 9-040, Chicago.
    June 22
    P-A
    The Jennison-Wright Corporation v. EPA
    - PCB 89-189,
    10:00 a.m.
    Mayor's Conference Room, City Hall, 2000
    Edison, Granite
    City.
    June 22
    A-E
    EPA v. Blue Tee Corporation (
    Azcon Scrap Division)
    -
    10:00 a.m.
    PCB 90-7, Alton City Hall, 101 East Third Street, Alton.
    June 25
    A-V
    Olin Chemicals (Joliet Plant) v. EPA
    - PCB 89-72,
    9:30 a.m.
    Joliet City Hall, East Wing Conference Room, First Floor, 150
    W. Jefferson St., Joliet.
    July 5
    Pollution Control Board Meeting, State of Illinois Center,
    100 W. Randolph St., Conference Room 9-040, Chicago.
    July 13
    A-E
    EPA v. Decor Gravure Corporation
    - PCB 89-155, State
    10:00 a.m.
    of Illinois Center, 100 W. Randolph St., Suite 11-500,
    Chicago.
    July 19
    Pollution Control Board Meeting, State of Illinois Center,
    100 W. Randolph St., Conference Room 9-040, Chicago.
    July 27
    A-C
    EPA v. Omer Thomas - AC 89-215, Court Room B, Shelby
    9:00 a.m.
    County Courthouse,
    Shelbyville.
    August 2
    Pollution Control Board Meeting, State of Illinois Center,
    100 W. Randolph St., Conference Room 9-040, Chicago.
    August 16
    Pollution Control Board Meeting, State of Illinois Center,
    100 W. Randolph St., Conference Room 9-040, Chicago.
    August 30
    Pollution Control Board Meeting, State of Illinois Center,
    100 W. Randolph St., Conference Room 9-404, 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 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
    SO
    2
    S0
    2
    ALTERNATIVE STANDARDS

    Environmental Register No. 402
    March 30, 1990/Page 7
    (35 ILL. 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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