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