Printed on Recycled Paper
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Illinois Pollution Control Board News
Illinois Pollution Control Board News
No. 440
No. 440
November 20, 1991
November 20, 1991
RULEMAKING UPDATE
RULEMAKING UPDATE
BOARD ADOPTS FINAL RULE IN DOCKET R89-14(B),
GROUNDWATER QUALITY STANDARDS (35 ILL. ADM.
CODE 620), OPENS DOCKET C TO REPROPOSE
AMENDMENTS TO PART 303
On November 7, 1991, the Board adopted as a final rule
the Docket B version of the groundwater quality standards in this
proceeding [7-0, Opinion and Order of the Board by R.C. Flemal,
J.D. Dumelle concurring]. On October 22, the Joint Committee
on Administrative Rules issued a certificate of no objection to the
proposed rules.
The rules are adopted under Section 8 of the
Illinois Groundwater Protection Act which mandates that the
Board promulgate water quality standards for groundwater. The
rules include General Provisions (Subpart A, including
definitions, incorporations by reference, and exclusions),
Groundwater Classification (Subpart B, setting up 4 classes of
groundwater including potable resource class, general resource
class, special resource class, and other groundwater;
groundwater management zone and reclassification),
Nondegradation Provisions (Subpart C, including general
prohibitions against use impairment and preventive notification
and preventive response activities and procedures), Groundwater
Quality Standards (Subpart D, containing numerical and narrative
standards for the specific classes), Groundwater Monitoring and
Analytical Procedures (Subpart E), and Health Advisories
(Subpart F).
In addition, the Board opened a Docket C in order to
again propose amendments to Part 303. These proposed
amendments were not adopted within one year from their original
publication in the Illinois Register, therefore requiring the Board
to return to first notice. The effect of these amendments is to
recognize within Part 303 the adoption of Part 620 and its
applicability to groundwater. Part 303 contains the Board's
regulations applicable to underground waters.
Questions concerning this proceeding should be directed
to Michelle Dresdow at (815)753-0947. Copies of the Opinion
and Orders are available from the Board Offices, at the
telephone number listed in this edition. Please refer to the
docket number when requesting copies.
R91-25 INQUIRY HEARINGS FOR AMENDMENTS TO NOISE
REGULATIONS
On October 24, 1991 the Board approved an order to
hold inquiry hearings to focus on changes to 35 Ill. Adm. Code
Subtitle H: Noise. Changes in instrumentation capabilities,
developments in the field, and studies on noise measurements
have taken place, prompting the Board to review the noise
regulations. Hearings have been scheduled for November 25 &
26 at 10:00 a.m. in the State of Illinois Center, Chicago, Illinois,
Room 9-040. Interested persons should contact Diane O'Neill at
(312) 814-6062.
BOARD ADOPTS RECYCLED PAPER RULE (R90-24);
RECYCLED PAPER REQUIRED AS OF JANUARY 1, 1992
On November 7, 1991, the Board adopted a rule
requiring that all documents filed with the Board by attorneys or
organized environmental and trade groups be submitted on
recycled paper. This rule is the result of a proposal filed by
Business and Professional People for the Public Interest (BPI).
(Board docket R90-24.) In its final form, the rule requires that as
of January 1, 1992, all documents, excluding exhibits, filed with
the Board by attorneys or organized environmental and trade
groups be submitted on recycled paper. "Recycled paper"
means paper which contains at least 40% postconsumer
material, as the phrase "postconsumer material" is defined in
Section 3(f) of the Illinois Solid Waste Management Act
(Ill.Rev.Stat.1989, ch. 111 1/2, par. 7053(f)). The recycled paper
requirement does not apply to stationery, such as letterhead,
when used for cover letters or similar purposes. Additionally, the
Board encourages all participants to double-side copies of
documents filed with the Board.
Attorneys and those who represent organized
environmental and trade groups are reminded that this rule
becomes effective on January 1, 1992.
This short delay
between the final adoption of the rule and the compliance date
will allow for a short phase-in period, during which participants
can exhaust their existing stocks of paper and obtain recycled
paper. The Board has recognized that this recycled paper
requirement will cause some inconvenience in the beginning, but
has found that the important public policy goals of encouraging
recycling and stimulating markets outweigh the inconvenience.
The adopted rule will soon be published in the Illinois
Register. Copies of the final opinion and order, containing the
text of the rule, are available from the Board at 312/814-3620.
Questions should be directed to Elizabeth Schroer Harvey at
312/814-6921.
SECOND NOTICE ON REPEAL OF MEDICAL WASTE
RULES, R91-18
As part of the new legislative mandate under P.A. 87-752, the
Board proposed the repeal of its existing hazardous (infectious)
medical waste rules for Second Notice on October 24, 1991.
P.A. 87-752 institutes a new system for regulating potentially
infectious medical wastes that requires the Board to repeal the
existing regulations by January 1, 1992. Other mandates for the
Board found in P.A. 87-752 are currently part of the Board's
rulemaking docket in R91-19, R91-20, and R91-21. Questions
should be directed to Michael McCambridge at 814-6924.
BOARD AND STAFF ACTIVITIES
BOARD AND STAFF ACTIVITIES
Scientific and Technical Staff Member LouAnn Burnett
attended the 12th Annual Meeting of the Society of
Environmental Toxicology and Chemistry (SETAC), November 3
- 7, 1991 in Seattle, Washington. She presented two papers
entitled "Sediment Toxicity Evaluations Using Aquatic Plant
Printed on Recycled Paper
Assays" and
"Environmental Regulation: Where are the Scientists?". She
was also elected Vice President of the Ozark-Prairie Chapter of
SETAC for 1992.
FINAL ACTIONS - NOVEMBER 7, 1991 BOARD MEETING
FINAL ACTIONS - NOVEMBER 7, 1991 BOARD MEETING
PCB 90-140
People of the State of Illinois v. G & K
Investments, Inc. et al. - The Board accepted the Stipulation
and Settlement Agreement in which respondents did not
contest the alleged violations of the Clean Air Act, agreed to
pay a penalty of $9,000 designated to the Environmental
Protection Trust Fund and agreed to take remedial action and
to cease and desist from alleged violations at their Logan
County facility. Board Member J.D. Dumelle dissented and
Board Member J. Theodore Meyer concurred.
PCB 91-132
Quantum Chemical Corp. USI Division v.
IEPA - This matter was dismissed on petitioner's motion.
PCB 91-141
Christian County Landfill, Inc. v. IEPA - This
matter was dismissed on petitioner's motion.
PCB 91-209
Illinois Dept. of Transportation - District One
v. IEPA - The Board accepted the Agency Recommendation
and granted petitioner provisional variance from the Board's
waste disposal regulations relating to the 90-day on-site
limitation for hazardous wastes at its Cook County facility.
Board Members J.D. Dumelle and B. Forcade concurred.
PCB 91-210
John Crane, Inc. v. IEPA - The Board
accepted the Agency Recommendation and granted petitioner
provisional variance from the Board's waste disposal
regulations relating to the 90-day on-site limitation for
hazardous wastes at its Fayette County
facility. Board Members J.D. Dumelle and B. Forcade
concurred.
AC 89-67
IEPA v. Merle Buerkett - This matter was
dismissed on the Agency's motion.
AC 90-26(B)
IEPA v. ESG Watts, Inc. a foreign Corp.
licensed to do business in Illinois - The Board ordered
respondent to pay as compensation for hearing costs incurred
by the Board and Agency, the amount of $159.75 for deposit
into the General Revenue Fund and closed the docket. Board
Member J. Theodore Meyer dissented.
AC 90-47
IEPA v. ESG Watts, Inc. - This matter was
dismissed on the Agency's motion.
R89-14(B)
In The Matter Of: Groundwater Quality
Standards (35 Ill. Adm. Code 620) - This rulemaking fulfills the
mandate that the Board promulgate regulations establishing
comprehensive water quality standards which are specifically
for the protection of groundwater (IGPA at Section 8(a)).
R90-24
In The Matter Of: Amendments to 35 Ill. Adm.
Code 101.103(d) To Require Use of Recycled Paper For All
Documents Filed With The Board - This rulemaking amends
Section 101.103 (35 Ill. Adm. Code 101.103) of the Board's
procedural rules to require the use of recycled paper for all
documents filed by attorneys with the Board.
NEW CASES - NOVEMBER 7, 1991 BOARD MEETING
NEW CASES - NOVEMBER 7, 1991 BOARD MEETING
PCB 91-136
Don Bolander v. Monticello Bus Service,
Wayne Kruger, President - Complainant alleges violations of
Board noise pollution regulations at respondent's Piatt County
facility. Accepted for hearing.
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. Accepted for
hearing.
PCB 91-183
Thomas J. Sneed et al v. Frank Farrar, First
Bank & Trust Co. - Complainant alleges violations of Board
noise pollution regulations at respondent's Alexander County
facility. Held until November 21, 1991.
PCB 91-194
Residents of Cedarville v. Village of
Cedarville - Complainants allege violations of Board water
pollution regulations at respondent's Stephenson County
facility. Accepted for hearing.
PCB 91-195
Scott A. Thomas et al v. Carry Companies of
Illinois, Inc. - Complainants allege violations of the Act and
Board air and noise pollution regulations at respondent's Macon
County facility. Accepted for hearing.
PCB 91-201
RFK Enterprises v. IEPA - Petitioner seeks
review of an underground storage tank reimbursement
determination for its Franklin County facility. Accepted for
hearing.
PCB 91-202
Sherex Chemical Co., Inc. v. IEPA - Petitioner
seeks permit review for its Peoria County facility. Accepted for
hearing.
PCB 91-203
Export Packing Co., Inc. v. IEPA - Petitioner
seeks review of an underground storage tank reimbursement
determination for its Rock Island County facility. Accepted for
hearing.
PCB 91-204
Lewis Brothers Bakeries, Inc., v. IEPA -
Petitioner seeks review of an underground storage tank
reimbursement determination for its Madison County facility.
Accepted for hearing.
PCB 91-205
Fred M. Strube and Cynthia L. Strube v. IEPA
- Petitioners seek review of an underground storage tank
reimbursement determination for their Peoria County facility.
Accepted for hearing.
PCB 91-206
Clayton Chemical Co. v. IEPA - Petitioner
seeks permit review for its St. Clair County facility. Accepted
for hearing.
PCB 91-207
Olin Corp. v. IEPA - Petitioner seeks review
of certain conditions imposed in the RCRA Hazardous Waste
Management Part B Permit for its Williamson County facility.
Accepted for hearing.
PCB 91-208
Ashland Chemical Co. v. IEPA - Petitioner
seeks appeal of certain conditions of a Part B Permit
concerning its Cook County facility. Accepted for hearing.
PCB 91-209
Illinois Dept. of Transportation - District One,
Environmental Register No. 440
Environmental Register No. 440
November 20, 1991/Page
November 20, 1991/Page 3
3
v. IEPA - See Final Actions.
PCB 91-210
John Crane, Inc. V. IEPA - See Final
Actions.
PCB 91-211
People of the State of Illinois v. Swift-Eckrich,
Inc. - Petitioner alleges violations of the Act and Board air
pollution regulations at respondent's Cook County facility. A
stipulation and proposal for settlement together with an agreed
motion to request relief from the hearing requirement was filed.
The Board directed the Clerk to cause publication of the
required newspaper notice and reserved ruling on the parties'
request until after the statutory 21 days passed.
PCB 91-212
O'Brien Tire and Battery Service v. IEPA -
Petitioner seeks review of an underground storage tank
reimbursement determination concerning its Madison County
facility. Held until November 21, 1991.
CALENDAR OF HEARINGS
CALENDAR OF HEARINGS
All hearings held by the Board are open to the public. All Pollution Control Board Meetings (highlighted) are open to the public but public
participation is generally not allowed. Times and locations are subject to cancellation and rescheduling without notice. Confirmation of
hearing dates and times is available from the Clerk of the Board at (312) 814-6931.
November 25
10:00 a.m.
PCB 90-201
N-E
David L. Dravis and Margo Dravis v. M & D AG, Jerry McGinn, and Bert Davis -Coliseum
Building, Second Floor, 212 Third Avenue, Sterling.
November 25
10:00 a.m.
R 91-25
R
In the Matter of Amendments to 35 Ill. Adm. Code Subtitle H: Noise - Pertaining to Definitions,
Measurement Procedures, and Sound Emission Standards Relating to Certain Noise Sources
- State of Illinois Center, 100 W. Randolph St., Room 9-040, Chicago.
November 26
10:00 a.m.
R 91-25
R
In the Matter of Amendments to 35 Ill. Adm. Code Subtitle H: Noise - Pertaining to Definitions,
Measurement Procedures, and Sound Emission Standards Relating to Certain Noise Sources
- State of Illinois Center, 100 W. Randolph St., Room 9-040, Chicago.
November 27
9:30 a.m.
PCB 91-128
N-E
Oather Druen, Evelyn Druen, and Amy Pirtle v. James Leonard - Criminal Justice Center, 707
Etna Road, Ottawa.
December 2
9:30 a.m.
PCB 91-191
UST-FRD
Grand Soo, Inc., v. EPA - State of Illinois Center, 100 W. Randolph St., Suite 11-500,
Chicago.
December 5
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
December 5
10:00 a.m.
PCB 91-95
P-A
Staunton Landfill, Inc. v. EPA - Macoupin County Courthouse, County Boardroom
(Basement), Carlinville.
December 10
10:00 a.m.
PCB 91-198
UST-FRD
Enterprise Leasing v. EPA - State of Illinois Center, Suite 11-500, 100 W. Randolph St.,
Chicago.
December 12
10:00 a.m.
PCB 86-160
L-E
EPA and the People of the State of Illinois v. Fitz-Mar, Inc. - Law Office of Joshua Sachs, 134
N. LaSalle St., Suite 2222, Chicago.
December 12
10:00 a.m.
PCB 91-138
UST-FRD
Kronon Motor Sales v. EPA - State of Illinois Center, 100 W. Randolph St., Suite 11-500,
Chicago.
December 13
10:00 a.m.
PCB 91-50
N-E
Karl Christ and Helen Christ v. Compost Enterprises, Inc. - McHenry City Hall, 333 S. Green
St., McHenry.
December 16
10:00 a.m.
PCB 91-57
P-A
Monsanto Company v. EPA - Sauget Village Hall, 2897 Falling Springs Road, Sauget.
December 17
10:00 a.m.
PCB 91-30
N-E
Susan Curtis and Marcy Diesing v. Material Service Corporation - Crystal Lake City Hall,
Council Chambers, 101 W. Municipal Complex, Crystal Lake.
December 18
10:00 a.m.
PCB 91-30
N-E
Susan Curtis and Marcy Diesing v. Material Service Corporation - Crystal Lake City Hall,
Council Chambers, 101 W. Municipal Complex, Crystal Lake.
December 19
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
December 19
9:30 a.m.
PCB 91-149
A-V
Minnesota Mining and Manufacturing Company (Bedford Park Plant) v. EPA - Loyola Law
School, Corboy Courtroom, 1 East Pearson, Chicago.
December 20
10:00 a.m.
AC 91-38
A-C
EPA v. Danny Mains - Bond County Courthouse, 200 W. College, Greenville.
December 20
10:00 a.m.
AC 91-38
A-C
Clyde R. Dace v. D. Kohlhase, Fire Chief, Fox River Grove Fire Protection District - McHenry
County Courthouse, Courtroom 311, 2200 N. Seminary, Woodstock.
Page
Page 4
4/November 20, 1991
/November 20, 1991
Environmental Register No. 440
Environmental Register No. 440
January 3
9:30 a.m.
PCB 91-193
A-E
People of the State of Illinois v. Park Cremetory, Inc. - State of Illinois Center, Suite 11-500,
100 W. Randolph St., Chicago.
January 9
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
January 16
10:00 a.m.
PCB 91-190
UST-FRD
State Bank of Whittington v. EPA - State Bank of Whittington, Conference Room, Whittington.
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-E
Underground Storage Tank Enforcement
UST-FRD
Underground Storage Tank Fund Reimbursement Determination
Printed by Authority of the State of Illinois, November 20, 1991, 2,000 copies, order #57701.
The Illinois Pollution Control Board is an independent seven member board which adopts the environmental control standards for the
State of Illinois and rules on enforcement actions and other environmental disputes. The Board Members are:
John C. Marlin, Chairman
Joan G. Anderson
Jacob D. Dumelle
Ronald C. Flemal
Urbana, Illinois
Western Springs
Oak Park
DeKalb
Bill S. Forcade
J. Theodore Meyer
Michael L. Nardulli
Chicago
Chicago
Chicago
The Environmental Register is a newsletter published by the Board after every Board meeting. The Register provides updates on
rulemakings and other information, lists final actions, and contains the Board's hearing calendar. The Register is provided free of
charge.
Illinois Pollution Control Board
State of Illinois Center, 11-500
100 West Randolph Street
Chicago, Illinois 60601
(312) 814-3620
Name and Address Correction Requested.
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