1. No. 428 May 22, 1991
Printed by Authority of the State of Illinois, May 22, 1991, 3,700 copies, order #57701.
ENVIRONMENTAL REGISTER
ENVIRONMENTAL REGISTER
No. 428
May 22, 1991
BOARD SENDS PROPOSED AMENDMENTS TO 35 I.A.C.
501 TO SECOND NOTICE (MANAGEMENT OF LIVESTOCK
WASTES, R90-7)
On May 9, 1991, the Board adopted by a 7-0 vote (Board
Member Joan G. Anderson concurred) a Second Notice
Opinion and Order in R90-7, Amendments to 35 Ill. Adm.
Code 501 Agriculture-Related Pollution (Management of
Livestock Wastes).
The proposed amendments would modify existing
regulatory provisions dealing with the siting of new livestock
management facilities, and livestock waste-handling facilities.
New livestock management facilities and waste-handling
facilities would be prohibited from locating within 1/2 mile of a
populated area or within 1/4 mile of a non-farm residence,
unless located within a designated Agricultural Area, or the
facility undergoes expansion or complies with local zoning
requirements, as specified in the proposed amendments.
Changes made during First Notice include revision of the local
zoning exemption.
The proposal would also allow for expanded use of
vegetative filters for the treatment of livestock waste generated
at small-to-medium-sized facilities.
The proposed amendments would further establish
requirements for the field application of livestock wastes.
Operators wold be required to practice odor control methods
so as not to cause air pollution . The proposal is designed to
reduce the potential for odors which constitute air pollution
with minimum disruption of farming practices. Some changes
were also made to the language of this section of the
proposed amendments as suggested by the Illinois
Environmental Protection Agency.
Copies of the Opinion and Proposed Rules are available
from the Clerk of the Board at (312) 814-3620. For Second
Notice, the proposed amendments will be submitted to the
Joint Committee on Administrative Rules of the State
Legislature (JCAR). JCAR will have 45 days to review the
amendments before the Board may adopt them as final.
Questions concerning these proposed amendments may be
directed to Michelle Dresdow at (815) 753-0947.
FORD MOTOR CO. GRANTED AN ADJUSTED STANDARD,
AS 91-2
The Board granted to Ford Motor Company, for its Chicago
Plant, an adjusted standard from the emission standards at 35
Ill. Adm. Code 215.204, relating to coating operations at
automobile and light duty truck manufacturing plants in Cook
County. The adjusted standard granted by the Board can be
shown to be mathematically equivalent to the current standard
and thus should not result in additional loading of volatile
organic compounds to the atmosphere, according to Ford.
The Chicago plant is 67 years old and employs 2,800 persons.
This adjusted standard will alleviate the need for major
changes at the plant which would have been necessary for
Ford to meet the current standard.
Questions regarding this proceeding may be addressed to
Marie Tipsord, Pollution Control Board, 100 West Randolph,
Suite 11-500, Chicago, IL., 312-814-4925.
BOARD AND STAFF ACTIVITIES
Board Members and staff attended the May 7-8 conference
on waste management in Chicago. It was the 22nd such
conference organized by Eileen Johnston. A letter from
Governor Jim Edgar lauding her efforts on behalf of the
environment was read by Allen Grosboll, executive assistant to
the Governor.
Page 2/May 22, 1991
Environmental Register No. 428
Chairman Marlin spoke on Pollution Prevention and
Recycling at the Air & Waste Management Association's 1991
Environmental Conference. The Conference was held in
Starved Rock State Park.
Mr. Dumelle spoke at Earth Day activities in Oak Park on
April 20th.
Board Member Jacob Dumelle met with Fran Pia Ritter of
Cologne, Germany on April 19th to explain the Illinois
environmental system. The visit was arranged by the German
Marshall Fund of the United States. Mr. Dumelle, a former
chairman of the Lake Michigan States Section of the Air and
Waste Management Association (1976-1977) was recognized
by AWMA at their meeting on April 19th in Chicago.
FINAL ACTIONS - MAY 6,1991 SPECIAL BOARD MEETING
*
PCB 91-73
Gerstad Builders v. IEPA - The Board accepted the Agency Recommendation and granted petitioner provisional
variance, with conditions, from the Board's air pollution regulations for its McHenry County facility. Board Members
B. Forcade and J. Theodore Meyer concurred. Board Member J.D. Dumelle dissented.
NEW CASES - MAY 6, 1991 SPECIAL BOARD MEETING
PCB 91-61
Big River Zinc Corp. v. IEPA - Petitioner seeks variance from the Board's waste disposal regulations for its St. Clair
County facility. The Board concluded that the petition was generally deficient and ruled that an amended petition
satisfying the requirements of the RCRA variance must be filed within 45 days, or the petition would be subject to
dismissal.
PCB 91-70
Commonwealth Edison Co. V. IEPA - Petitioner seeks permit review for its Lake County facility. Accepted for
hearing.
FINAL ACTIONS - MAY 9, 1991 BOARD MEETING
PCB 89-169
John Zarlenga, et al v. Partnership Concepts, et al. - The Board found respondents in violation of the Act and Board
noise pollution regulations and ordered further actions be taken concerning its DuPage County facility.
PCB 90-108
Joseph B. Stratton, et al v. Charles M. Rock and Little Caesar's Pizza - The Board found respondents in violation of
the Act and Board noise pollution regulations, ordered actions to remedy the violations, and to cease and desist from
violations effective upon attainment of compliance but not later than July 31, 1991 concerning its Tazewell County
facility.
PCB 90-111
People of the State of Illinois v. Seegers Grain, Inc. - The Board accepted the Stipulation and Settlement Agreement
in which respondent admitted to violations of the Act and Board air pollution regulations, agreed to pay a penalty of
$2,000 and to cease and desist from further violations at its Stephensen County facility. Board Members J.D.
Dumelle and J. Theodore Meyer dissented.
PCB 90-173
Earl R. Bradd, as owner of the Bradd Sanitary Landfill v. IEPA - The Board reversed denial of reasons 2, 3, 4 and 5
and upheld reason 1, thereby affirming the Agency's denial of the Affidavit for Certification of Closure for petitioner's
McLean County facility.
PCB 91-9
Sparkling Spring Mineral Water Co. v. IEPA - The Board affirmed the Agency's determination that petitioner's claim
for reimbursement for corrective action costs associated with its 2,000 gallon diesel UST in Lake County is subject to
a $50,000 deductible.
PCB 91-74
City of Centralia v. IEPA - This matter was dismissed on petitioner's motion.
PCB 91-76
John Deere Technical Center v. IEPA - The Board accepted the Agency Recommendation and granted petitioner
provisional variance from the Board's waste disposal regulations concerning 90-day on-site limitations for hazardous
wastes at its Rock Island County facility. Board Members J.D. Dumelle and B. Forcade concurred.
PCB 91-77
Nutrasweet, Inc. v. IEPA - The Board accepted the Agency Recommendation and granted petitioner provisional
variance from the Board's waste disposal limitations concerning 90-day on-site limitations for hazardous wastes at its
Will County facility. Board Members J.D. Dumelle and B. Forcade concurred.
AC 90-79
IEPA v. Al Springman - The Board found respondent violated Ill. Rev. Stat. 1989, ch. 111 1/2, pars. 1021(q)(1) and
(q)(4) and (q)(5), imposed a fine of $1,500, closed Docket A and ordered the Board and Agency to file statements of
hearing costs supported by affidavit with service upon respondent.
Environmental Register No. 428
May 22, 1991/Page 3
AC 91-8
County of Will v. Laraway Recycling and Disposal Facility - The Board found respondent violated Section (21)(p)(15)
of the Act and imposed a fine of $500.
AC 91-9
IEPA v. W.W. Sanitation - The Board found respondent violated Section 21(p)(5) of the Act and imposed a fine of
$500.
AC 91-10
IEPA v. Jersey Sanitation Corp. - The Board found respondent violated Sections 21(p)(2) and 21(p)(5) of the Act and
imposed a fine of $1,000.
AC 91-11
IEPA v. Harold Lowry - The Board found respondent violated Section 21(q)(1) of the Act and imposed a fine of $500.
AC 91-12
Logan County Health Dept. v. Lincoln/Logan Landfill, Inc. - The Board found respondent violated Sections 21(p)(5)
and 21(p)(11) of the Act and imposed a fine of $1,000.
AC 91-13
County of Jackson v. Everett Allen d/b/a Allen Waste Management - The Board found respondent violated Sections
21(p)(5), 21(p)(6) and 21(p)(2) of the Act and imposed a fine of $1,500.
AC 91-14
County of Madison v. Gary and Deborah Attebery - The Board found respondents violated Section 21(p)(5) of the Act
and imposed a fine of $500.
AC 91-16
IEPA v. Olen G. Parkhill d/b/a Parkhill Construction - This matter was dismissed on the Agency's motion.
NEW CASES - MAY 9, 1991 BOARD MEETING.
PCB 91-42
Franklin D.R. Vickers and Ruth J. Vickers v. Village of Millstadt - Complainants allege violations of the Act and Board
noise regulations at respondent's St. Clair County facility. Accepted for hearing.
PCB 91-48
Wonder View Improvement Association v. Northern Illinois Utilities, Inc. - Petitioner alleges violations of the Board's
public water supplies regulations at respondent's McHenry County facility. Accepted for hearing
PCB 91-50
Karl Christ and Helen Christ v. Compost Enterprises, Inc. - Complainants allege violations of the Act and Board air
pollution regulations at respondent's McHenry County facility. Accepted for hearing.
PCB 91-71
Douglas Furniture of California, Inc. v. IEPA - Petitioner seeks review of denial of its application for an air pollution
permit for its Cook County facility. Accepted for hearing.
PCB 91-72
Clean Quality Resources, Inc. V. Marian County Board - Petitioner seeks review and objects to supplemental
proceedings concerning its Marion County facility. Accepted for hearing.
PCB 91-74
The City of Centralia v. IEPA - See Final Actions.
PCB 91-75
Community Consolidated School District No. 15 v. IEPA - Petitioner seeks reimbursement from the Underground
Storage Tank Fund for corrective action costs at its Cook County facility. Accepted for hearing.
PCB 91-76
John Deere Technical Center v. IEPA (Provisional Variance) - See Final Actions.
PCB 91-77
Nutrasweet, Inc. v. IEPA - See Final Actions.
PCB 91-78
People of the State of Illinois v. Sure Plus Manufacturing Co. - Complainant alleges violations of the Act and Board
air pollution regulations at respondent's Cook County facility. Accepted for hearing.
FINAL ACTIONS - MAY 14, 1991 SPECIAL BOARD MEETING
AS 91-2
In The Matter Of: Petition of Ford Motor Co. For an Adjusted Standard from 35 Ill. Adm. Code 215.204 - The Board
granted petitioner an adjusted standard, with conditions, from the Board's air pollution regulations concerning
emission limitations applicable to the guide coating process at its Cook County facility.
NEW CASES - MAY 14, 1991 SPECIAL BOARD MEETING
PCB 91-79
People of the State of Illinois v. Torvac, Inc. - Complainant alleges violations of the Act and Board air pollution
regulations at respondent's Cook County facility. Accepted for hearing.
CALENDAR
Page 4/May 22, 1991
Environmental Register No. 428
May 29
R
Steel and Foundry Industry Amendments to the Landfill Regulations (35 Ill. Adm. Code 810
10:30 a.m.
815), R90-26, Northeastern Illinois Planning Commission, 400 W. Madison St., Chicago.
May 29
W-V
Zeiler Coal Company v. EPA - PCB 91-12, Grand Jury Room, Randolph County Courthouse,
9:30 a.m.
One Taylor St., Chester.
May 30
R
In the Matter of: Groundwater Quality Standards (35 Ill. Adm. Code 620) - R89-14(B), Mayer,
9:30 a.m.
Brown & Platt, 190 S. LaSalle St., 39th Floor (Rooms 1, 2, & 3), Chicago.
May 31
P-A
Office Park of Hinsdale, Inc. v. EPA - PCB 91-63, Police-Fire Building, Second Floor, 121
10:00 a.m.
Symonds Drive, Hinsdale.
May 31
R
Exemptions from the Definition of Volatile Organic Material (VOM) 35 Ill. Adm. Code 211.122
9:30 a.m.
R91-10, IEPA - Sangamon Building, Conference Room D, 1340 N. Ninth St., Springfield.
June 3
A-E
People of the State of Illinois v. Bridgestone/Firestone, Inc. - PCB 90-202, Second Floor
10:00 a.m.
Conference Room, #1 Civic Center Plaza, Southeast Corner of Eldorado & Franklin, Decatur.
June 6
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room
9-040, Chicago.
June 7
R
Utility Industry Amendments and Steel Foundry Industry Amendments to the Landfill
10:00 a.m.
Regulations (35 Ill. Adm. Code 810-815) - R 90-25 and R90-26, IEPA - Sangamon Building Conference Room D,
1340 N. Ninth Street, Springfield. (This hearing will be limited to any additional matters in either docket
that were not dealt with at the May 20, 1991 and May 29, 1991 hearings.)
June 10
A-EEPA v. Nesco Steel Board Company - PCB 90-37, Granite City Township Building, 2060
1:00 p.m.
Delmar Ave. Granite City.
June 18
A-E
People of the State of Illinois v. Allied-Hastings Barrel and Drum Service, Inc. - PCB 90-60
10:00 a.m.
State of Illinois Center, 100 W. Randolph St., Suite 11-500, Chicago.
June 18
A-C
EPA v. City of West Frankfort - AC 89-72, City Council Chambers, West Frankfort City Hall,
9:30 a.m.
201 E. Nolan St., West Frankfort.
June 18
P-A
American Fly Ash Company v. EPA - PCB 91-65, Tazewell County Courthouse, County Board
9:30 a.m.
Room, Court Street, Pekin.
June 18
A-E
People of the State of Illinois v. Sure Plus Manufacturing Company - PCB 91-78, State of
9:00 a.m.
Illinois Center, 100 W. Randolph St., Suite 11-500, Chicago.
June 18
A-E
People of the State of Illinois v. Torvac, Inc. - PCB 91-79, State of Illinois Center, 100 W.
9:30 a.m.
Randolph St., Suite 11-500, Chicago.
June 19
A-E
People of the State of Illinois v. Rock Valley Oil & Chemical Company - PCB 90-124, Rockford
10:00 a.m.
City Hall, City Council Chambers, Second Floor, 425 E. State St., Rockford.
June 20
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room
9-040, Chicago.
June 21
A-E
EPA v. Trilla Steel Drum, Inc. - PCB 86-56, Law Office of Joshua Sachs, 134 N. LaSalle St.,
9:30 a.m.
Chicago.
June 21
A-V
General Motors Corporation v. EPA - PCB 88-193, Vermilion County Courthouse, 7 North
9:30 a.m.
Vermilion St., Room 1A, First Floor, Danville.
June 21
A-E
People of the State of Illinois v. Colwell General, Inc. - PCB 89-180, State of Illinois
10:00 a.m
Center, 100 W. Randolph St., Suite 11-500, Chicago.
June 25
P-A
FIW, Inc. v. EPA - PCB 90-141, Rockford Public Library, 215 N. Wyman, Room A, Lower
10:00 a.m.
Level, Rockford.
June 25
A-V
The Ensign Bickford Company v. EPA - PCB 90-242, Chamber of Commerce Building,
11:30 a.m.
125 W. Davie St., Anna.
June 26
N-E
Carl Madoux, Alice Madoux, Glenn Moody and Margaret Moody v. B & M Steel Service
Environmental Register No. 428
May 22, 1991/Page 5
10:00 a.m.
Center, Inc. - PCB 90-148, Alton City Hall, 101 E. 3rd St., Alton.
June 27
P-A
D & B Refuse Service, Inc. v. EPA - PCB 89-106, Moultrie County Courthouse, Grand Jury
9:30 a.m.
Room, Third Floor, Sullivan.
June 27
N-E
Carl Madoux, Alice Madoux, Glenn Moody and Margaret Moody v. Straders Logging and
10:00 a.m.
Lumber Mill - PCB 90-149, Alton City Hall, 101 E. 3rd St., Alton.
June 27
A-E
People of the State of Illinois v. G & K Investments, Inc. Gary Cross and Kevin Leesman
9:30 a.m.
PCB 90-140, Logan County Courthouse, 601 Broadway, Lincoln.
June 28
P-A
Natural Gas Pipeline Company of America v. EPA - PCB 87-150, City of Kankakee, Council
10:00 a.m.
Chambers, Second Floor, 385 East Oak Street, Kankakee.
June 28
L-E
IEPA and People of the State of Illinois v. Fitz-Mar, Inc. - PCB 86-160, Law Office
9:30 a.m.
of Joshua Sachs, 134 N. LaSalle St., Suite 2222, Chicago.
June 28
P-A
Laclede Steel v. EPA - PCB 88-115, Madison County Courthouse, Board Room, 155 N. Main
11:00 a.m.
St., Edwardsville.
July 9
A-E
People of the State of Illinois v. Enamelers and Japanners, Inc. - PCB 91-53, State of
10:00 a.m.
Illinois Center, 100 W. Randolph St., Suite 11-500, Chicago.
July 10
W-E
Herman W. Prescott v. City of Sycamore - PCB 90-187, DeKalb County Courthouse, Room
10:00 a.m.
206, 133 W. State St., Sycamore.
July 11
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room 9-040,
Chicago.
July 11
W-E
Herman W. Prescott v. City of Sycamore - PCB 90-187, DeKalb County Courthouse, Room
10:00 a.m.
206, 133 W. State St., Sycamore.
July 12
A-C
EPA v. Bernard Leitschuh - AC 90-91, Montgomery County Courthouse, Courthouse Square,
9:30 a.m.
Hillsboro.
July 16
A-S
Petition of Granite City Steel for Adjusted Standard. 35 Ill. Adm. Code 302.102, 302.208,
10:00 a.m.
302.210 and Subpart F. Procedures for Determining Water Quality Criteria - AS 90-4, Mayor's
Conference Room, City Hall, 2nd Floor, 200 Edison Ave., Granite City.
July 19
A-C
EPA v. Omer Thomas - AC 89-215, Shelbyville City Hall, Council Chambers, 170 E. Main
10:00 a.m.
St., Shelbyville.
July 22
W-V
Commonwealth Edison Company v. EPA - PCB 91-29, Will County Courthouse, 14 W.
10:00 a.m.
Jefferson St., Fourth Floor, Joliet.
July 23
W-V
Commonwealth Edison Company v. EPA - PCB 91-29, Will County Courthouse, 14 W.
10:00 a.m.
Jefferson St., Fourth Floor, Joliet.
July 24
W-V
Commonwealth Edison Company v. EPA - PCB 91-29, Will County Courthouse, 14 W.
10:00 a.m.
Jefferson St., Fourth Floor, Joliet.
July 25
W-V
Commonwealth Edison Company v. EPA - PCB 91-29, Will County Courthouse, 14 W.
10:00 a.m.
Jefferson St., Fourth Floor, Joliet.
July 25
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room 9-040,
Chicago.
July 26
W-V
Commonwealth Edison Company v. EPA - PCB 91-29, Will County Courthouse, 14 W.
10:00 a.m.
Jefferson St., Fourth Floor, Joliet.
August 8
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room 9-040,
Chicago.
August 12
P-A
CWM Chemical Services, Inc. v. IEPA and the People of the State of Illinois - PCB 89-177,
9:30 a.m.
Loyola Law School, 1 East Pearson, Room 110, Chicago.
Page 6/May 22, 1991
Environmental Register No. 428
August 13
P-A
CWM Chemical Services, Inc. v. IEPA and the People of the State of Illinois - PCB 89-177,
9:30 a.m.
Loyola Law School, 1 East Pearson, Room 110, Chicago.
August 14
P-A
CWM Chemical Services, Inc. v. IEPA and the People of the State of Illinois - PCB 89-177,
9:30 a.m.
Loyola Law School, 1 East Pearson, Room 110, Chicago.
August 22
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room 9-040,
Chicago.
August 23
P-A
General Electric Company (Mattoon Lamp Plant) v. EPA - PCB 90-65, Coles County
9:30 a.m.
Courthouse, County Board Room, Third Floor, Charleston.
August 27
A-V
DMI, Inc. v. EPA - PCB 90-227, Woodford County Courthouse, County Board Room, 115
10:00 a.m.
N. Main St., Eureka.
August 28
SWH-E
EPA v. Fred Johnson, Johnson & Briggs Tank Truck Service, a/k/a Johnson & Briggs Tank
9:30 a.m.
Truck & Heater Service - PCB 90-89, Edwards County Courthouse, Albion.
August 29
SWH-E
EPA v. Fred Johnson, Johnson & Briggs Tank Truck Service, a/k/a Johnson & Briggs Tank
9:30 a.m.
Truck & Heater Service - PCB 90-89, Edwards County Courthouse, Albion.
September 12
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room 9-040,
Chicago.
September 16
P-A
Olin Corporation v. EPA - PCB 89-178, Alton City Hall, 101 E. Third St., Alton.
10:00 a.m.
September 26
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room 9-040,
Chicago.
October 10
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room 9-040,
Chicago.
October 24
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room 9-040,
Chicago.
November 7
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room 9-040,
Chicago.
November 21
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room 9-040,
Chicago.
December 5
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room 9-040,
Chicago.
December 19
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 312/814-6931.
** 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-C
ADMINISTRATIVE CITATION
A-E
AIR ENFORCEMENT
A-S
ADJUSTED STANDARD
A-V
AIR VARIANCE
CSO
COMBINED SEWER
L-E
LAND ENFORCEMENT
OVERFLOW EXCEPTION
L-S-R
LANDFILL SITING REVIEW
L-V
LAND VARIANCE
N-E
NOISE ENFORCEMENT
N-V
NOISE VARIANCE
Environmental Register No. 428
May 22, 1991/Page 7
P-A
PERMIT APPEAL
PWS-E
PUBLIC WATER SUPPLY ENFORCEMENT
PWS-V
PUBLIC WATER SUPPLY VARIANCE
R
REGULATORY PROCEEDING
S0
2
S0
2
ALTERNATIVE STANDARDS
SWH-E
SPECIAL WASTE HAULING ENFORCEMENT
SWH-V
SPECIAL WASTE HAULING VARIANCE
T
THERMAL DEMONSTRATION RULE
(35 ILL. ADM. CODE 302.211(F)
T-C
TAX CERTIFICATIONS
T-S
TRADE SECRETS
W-E
WATER ENFORCEMENT
W-V
WATER VARIANCE
WWS
WATER-WELL SETBACK EXCEPTION
UST-FRD UNDERGROUND STORAGE TANK FUND REIMBURSEMENT DETERMINATION

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