Printed by Authority of the State of Illinois, October 9, 1991, 3,700 copies, order #57701.
ENVIRONMENTAL REGISTER
ENVIRONMENTAL REGISTER
No. 437
No. 437
October 9, 1991
October 9, 1991
BOARD ADOPTS SECOND NOTICE IN
R89-5, GROUNDWATER PROTECTION: REGULATIONS
FOR EXISTING AND NEW ACTIVITIES WITHIN
SETBACK ZONES AND REGULATED RECHARGE
AREAS ("TECHNICAL STANDARDS")
On September 12, 1991, the Board adopted a Second
Notice Opinion and Order (7-0 Opinion and Order of the
Board by R.C. Flemal, J.D. Dumelle and B. Forcade
concurring,and Supplemental Opinion by J. Anderson). The
rulemaking is being conducted pursuant to Section 14.4 of
the Environmental Protection Act which mandates that the
Board adopt regulations prescribing standards and
requirements for certain activities within setback zones and
regulated recharge areas. The affected activities include, in
general, those activities that offer significant potential for
producing groundwater contamination. Affected activities in
the proposed rule are landfilling, land treating, surface
impounding, piling of wastes, use of underground storage
tanks, storage of pesticides, fertilizer, road oil, or de-icing
agents.
The Board ordered that the rules, as amended in
response to comments, be submitted to the Joint Committee
on Administrative Rules. Interested persons should contact
Michelle Dresdow, (815) 753-0947.
BOARD REPROPOSES AIR TOXICS LIST FOR FIRST
NOTICE,
R90-1
On September 26, 1991 the Board voted (7-0) to send
the Illinois Environmental Protection Agency's Air Toxics
List proposal (R90-1) to second first notice. The list of 266
toxic air contaminants, its carcinogen and toxicology scoring
scheme, and listing and delisting procedures will be
published shortly in the Illinois Register. The proposal now
lists all toxic air contaminants whether emitted in Illinois or
not.
The Board's second first notice Opinion and Order can
be obtained from the Clerk of the Board at (312) 814-3620.
Questions regarding the proposed rule should be directed
to Mark P. Miller at (217) 333-5574.
FINAL NOTICE FOR PM-10 EMISSION LIMITS, R91-6
On September 26, 1991, the Board voted 7-0 to adopt
for second notice the regulation involving PM-10 emissions
for the portland cement manufacturing plant and quarry
operations of Lone Star Industries in Oglesby, LaSalle
County. This rulemaking is federally required and will
become part of the Illinois State Implementation Plan ("SIP")
for PM-10.
Copies of the Board's final opinion and order are
available upon request from the Clerk of the Board at (312)
814-3620. Questions concerning this proposal may be
directed to Marie E. Tipsord at 312/814-4925.
PUBLIC WATER SUPPLIES RESTRICTED STATUS AND
CRITICAL REVIEW LISTS
The Illinois Environmental Protection Agency, Division of
Public Water Supplies, Permit Section, is publishing copies
of the Division's Restricted Status and Critical Review lists in
this issue of the Environmental Register. The lists are being
published here as part of the quarterly notification to the
public. The lists have been slightly modified to reflect
changes made since the previous publication.
BOARD AND STAFF ACTIVITIES
Board Member Ronald Flemal spoke at a meeting of the
Central Regional Groundwater Protection Planning
Committee on October 2, 1991. He spoke on the Board's
role in developing groundwater protection regulations.
Page 2/October 9, 1991
Environmental Register No. 437
FINAL ACTIONS - SEPTEMBER 26, 1991 BOARD MEETING
PCB 88-175
Jefferson Smurfit Corp. v. IEPA - This matter was remanded to the Agency and the docket closed.
PCB 90-188
American Steel & Wire Corp. v. IEPA - This matter was dismissed on petitioner's motion.
PCB 91-60
People of the State of Illinois v. Thomas Steel Corp, an Illinois Corporation et al. - The Board accepted the
Stipulation and Settlement Agreement in which respondents agreed to pay a sum of $1,000 designated to
the Environmental Protection Trust Fund concerning its Cook County facility. Board Members J.D. Dumelle
and J. Theodore Meyer dissented.
PCB 91-88
County of Lake (Vernon Hills Water Supply System) v. IEPA - The Board accepted the Agency
Recommendation and granted petitioner variance, with conditions, from the Board's public water supplies
regulations concerning Standards for Issuance and Restricted Status relating to the standard for combined
radium-226 and radium-228 in drinking water for its Lake County facility. Board Member B. Forcade
dissented. Board Member J.D. Dumelle concurred.
PCB 91-89)
PCB 91-90)
Citizens for Controlled Landfills et al v. Laidlaw Waste Systems, Inc. et al. - The Board affirmed the decision
of the St. Clair County Board to approve site location expansion for a landfill facility in St. Clair County.
PCB 91-96
The Ensign Bickford Co. v. IEPA - The Board granted petitioner variance, with conditions, from the Board's
air pollution regulations concerning open burning of explosive contaminated equipment at its Union County
facility. Board Member B. Forcade dissented. Board Member J.D. Dumelle concurred.
PCB 91-107
Village of Oak Brook v. IEPA - The Board accepted the Agency Recommendation and granted petitioner
variance, with conditions, from the Board's public water supplies regulations concerning Standards for
Issuance and Restricted Status relating to the combined radium-226 and radium-228 standard in drinking
water for its DuPage/Cook County facility. Board Member B. Forcade dissented. Board Member J.D.
Dumelle concurred.
PCB 91-110
Indian Refining Limited Partnership v. IEPA - The Board granted petitioner's motion for reconsideration of its
July 25, 1991 order dismissing petitioner's permit appeal, and affirmed the dismissal.
PCB 91-177
DeKalb Sanitary District v. IEPA - The Board accepted the Agency Recommendation and granted petitioner
provisional variance, with conditions, from the Board's water pollution regulations concerning the ammonia
nitrogen, biochemical oxygen demand and suspended solids effluent requirements for its DeKalb facility.
Board Members J.D. Dumelle and B. Forcade concurred.
PCB 91-181
Material Service Corp. & City of Georgetown v. IEPA - The Board accepted the Agency Recommendation
and granted petitioner provisional variance, with conditions, from the Board's water pollution regulations
concerning its Vermilion County facility. Board Member J.D. Dumelle concurred.
R91-6
In The Matter Of: PM-10 Emission Limits for the Portland Cement Manufacturing Plant and Associated
Quarry Operations Located South of the Illinois River in LaSalle County, Illinois - This rulemaking
establishes PM-10 emission limits for a single facility owned and operated by Lone Star Industries in
Oglesby, Illinois.
NEW CASES - SEPTEMBER 26, 1991 BOARD MEETING
PCB 91-136
Don Bolander v. Monticello Bus Service, Wayne Kruger - Complainant alleges violations of the Board's
noise regulations at respondent's Piatt County facility. The Board granted petitioner's request for additional
time to respondent to the complaint and ordered respondent to file its response no later than October 28,
1991. Board Member J. D. Dumelle dissented.
PCB 91-152
Envirite Corp. v. IEPA and Peoria Disposal Co. et al. - Complainant alleges violations of the Act relating to
hazardous wastes at a Peoria County Landfill. Held until October 10, 1991.
PCB 91-153
Clyde R. Dace v. D. Kohlhase, Fire Chief, Fox River Grove Fire Protection District - Complainants allege
violations of the Board's noise pollution regulations at respondent's McHenry County facility. Held until
October 10, 1991.
PCB 91-154
Carrell and Mary Bates v. Edward E. Brake et al. -Complainants allege contamination from underground
Environmental Register No. 437
October 9, 1991/Page 3
storage tank leaks at respondent's Champaign County facility. The Board found the complaint not
duplicitous/frivolous. Accepted for hearing.
PCB 91-171
Monsanto Co. v. IEPA - Petitioner seeks air permit review for its St. Clair County facility. Accepted for
hearing.
PCB 91-172
John Plosila v. Bandito Barney's et al. - Complainant alleges violations of the Board's noise pollution
regulations at respondent's Kane County facility. Held for duplicitous/frivolous determination.
PCB 91-173
Marathon Oil Co. v. IEPA - Petitioner seeks NPDES variance for its Crawford County facility. Accepted for
hearing.
PCB 91-174
Enterprise Leasing Co. v. IEPA - Petitioner seeks review of an underground storage tank reimbursement
determination concerning its Cook County facility. Accepted for hearing.
PCB 91-175
Ball Corp., Ball Metal Decorating and Service Division v. IEPA - Petitioner seeks air permit review
concerning its Cook County facility. Accepted for hearing.
PCB 91-176
M & D Flexographic Printers, Inc. v. IEPA - Petitioner seeks variance from the Board's air pollution
regulations concerning its Cook County facility. Accepted for hearing.
PCB 91-177
DeKalb Sanitary District v. IEPA - See Final Actions.
PCB 91-178
Commonwealth Edison Co. (Patterson Road in Joliet) v. IEPA - Petitioner seeks NPDES permit review
concerning its Will County facility. Accepted for hearing.
PCB 91-179
Commonwealth Edison Co. (West Cermak Road in Chicago) v. IEPA - Petitioner seeks NPDES permit
review concerning its Cook County facility. Accepted for hearing.
PCB 91-180
Commonwealth Edison Co. (Larkin Avenue in Joliet) v. IEPA - Petitioner seeks NPDES permit review
concerning its Will County facility. Accepted for hearing.
PCB 91-181
Material Service Co. & City of Georgetown v. IEPA - See Final Actions.
CALENDAR
October 11
10:00 a.m.
A-C
County of Jackson v. William S. Popejoy, Sr. - AC 91-34, Jackson County Courthouse,
Courtroom, Murphysboro.
October 15
10:00 a.m.
N-E
Susan Curtis and Marcy Diesing v. Material Service Corporation - PCB 91-30, Crystal Lake
City Hall, Council Chambers, 100 W. Municipal Complex, Crystal Lake.
October 16
10:00 a.m.
N-E
Susan Curtis and Marcy Diesing v. Material Service Corporation - PCB 91-30, Crystal Lake
City Hall, Council Chambers, 100 W. Municipal Complex, Crystal Lake.
October 17
10:00 a.m.
UST-
FRD
Salvation Army v. EPA - PCB 91-131, 9 North County Street, Suite 202, Waukegan.
October 18
10:00 a.m.
P-A
Christian County Landfill, Inc. v. EPA - PCB 91-141, City Council Chambers, 115 N. Main St.,
Taylorville.
October 18
10:00 a.m.
UST-
FRD
Lawrence Cadillac v. EPA - PCB 91-133, State of Illinois Center, 100 W. Randolph St., Suite
11-500, Chicago.
October 22
10:00 a.m.
P-A
Burlingon Northern Railroad Company v. EPA - PCB 91-11, Knox County Courthouse,
Conference Room, 110 S. Cherry St., Galesburg.
October 22
10:00 a.m.
P-A
Amoco Oil Company (Wood River Refinery) v. EPA - PCB 91-137, Alton City Hall, 101 E. Third
St., Alton.
October 23
10:00 a.m.
P-A
Staunton Landfill, Inc. v. EPA - PCB 91-95, Macoupin County Courthouse Boardroom
(basement), Carlinville.
October 23
N-E
James W. Turner, Sr. v. Mr. Richard P. Toft, President, Chicago, Title & Trust Company - PCB
Page 4/October 9, 1991
Environmental Register No. 437
3:00 p.m.
91-146, Normal City Hall, 100 E. Phoenix Ave., Normal.
October 23
3:00 p.m.
N-E
James W. Turner, Sr. v. Mark Edmiston - PCB 91-147, Normal City Hall, 100 E. Phoenix Ave.,
Normal.
October 23
3:00 p.m.
N-E
James W. Turner, Sr. v. Don Franke - PCB 91-148, Normal City Hall, 100 E. Phoenix Ave.,
Normal.
October 23
10:00 a.m.
R
In the Matter of: PM-10 Emission Limits in the McCook and Lake Calumet Areas of Cook
County, Illinois, and the Granite City Area of Madison County, Illinois: 35 Ill. Adm. Code Parts
211 and 212 - R91-22, State of Illinois Center, 100 W. Randolph St., Suite 9-040, Chicago.
October 24
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
October 29
10:00 a.m.
R
In the Matter of: PM-10 Emission Limits in the McCook and Lake Calumet Areas of Cook
County, Illinois, and the Granite City Area of Madison County, Illinois: 35 Ill. Adm. Code Parts
211 and 212 - R91-22, Edwardsville City Hall, Council Chambers, 400 N. Main St.,
Edwardsville.
November 4
9:30 a.m.
W-E
Goose Lake Association v. Robert J. Drake, Sr., First National Bank of Joliet as Trustee, Trust
No. 370 - PCB 90-170, Grundy County Courthouse, County Boardroom, 111 E. Washington
St., Morris.
November 5
9:30 a.m.
W-E
Goose Lake Association v. Robert J. Drake, Sr., First National Bank of Joliet as Trustee, Trust
No. 370 - PCB 90-170, Grundy County Courthouse, County Boardroom, 111 E. Washington
St., Morris.
November 6
9:00 a.m.
N-E
Ronald E. Tex and Susan D. Tex v. S. Scott Coggeshall, Coggeshall Construction Company,
Chester Bross, Mike Bross, Jeff Bross and Chester Bross Construction Company - PCB 90-
182, McDonough County Courthouse, Law Library, Third Floor, Macomb.
November 6
1:00 p.m.
P-A
IBP, Inc. v. EPA - PCB 88-98, Rock Island County Building, 1504 3rd Ave., Third Floor Board
Room, Rock Island.
November 7
9:00 a.m.
N-E
Ronald E. Tex and Susan D. Tex v. S. Scott Coggeshall, Coggeshall Construction Company,
Chester Bross, Mike Bross, Jeff Bross and Chester Bross Construction Company - PCB 90-
182, McDonough County Courthouse, Law Library, Third Floor, Macomb.
November 7
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
November 8
10:00 a.m.
UST-
FRD
Clinton County Oil Co., Inc., and Hoffman/Meier's Shell and Clarence Meier v. EPA - PCB 91-
163, City Council Chambers, 850 Franklin St., Carlyle.
November 14
10:00 a.m.
A-S
In the Matter of Granite City Division of National Steel for Adjusted Standards from 35 Ill. Adm.
Code 301.102, 302.208, 302.210 and Subpart F, Procedures for Determining Water Quality
Criteria - AS 90-4, City Hall, Mayor's Conference Room, Second Floor, 200 Edison Avenue,
Granite City.
November 14
9:30 a.m.
P-A
Stephan Company v. EPA - PCB 90-42, Will County Courthouse, 14 W. Jefferson St., Joliet.
November 19
10:00 a.m.
P-A
BF Goodrich Corporation (Henry Facility) v. EPA - PCB 91-17, Marshall County Courthouse,
County Board Room, 122 N. Prairie, Lacon.
November 21
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
November 21
10:30 a.m.
P-A
The City of Metropolis v. EPA - PCB 90-8, Metropolis City Hall, City Council Chambers, 106 W.
5th St., Metropolis.
November 27
9:30 a.m.
N-E
Oather Druen, Evelyn Druen, and Amy Pirtle v. James Leonard - PCB 91-128, Criminal Justice
Center, 707 Etna Road, Ottawa.
Environmental Register No. 437
October 9, 1991/Page 5
December 5
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
December 12
10:00 a.m.
UST-
FRD
Kronon Motor Sales v. EPA - PCB 91-138, State of Illinois Center, 100 W. Randolph St., Suite
11-500, Chicago.
December 13
10:00 a.m.
N-E
Karl Christ and Helen Christ v. Compost Enterprises, Inc. - PCB 91-50, McHenry City Hall, 333
S. Green St., McHenry.
December 16
10:00 a.m.
P-A
Monsanto Company v. EPA - PCB 91-57, Sauget Village Hall, 2897 Falling Springs Road,
Sauget.
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
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