9111-440.PDF

Printed on Recycled Paper

NVIRONMENTAL

EGISTER

Illinois Pollution Control Board News

No. 440

November 20, 1991

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

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

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

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

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

November 20, 1991/Page

November 20, 1991/Page 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

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

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

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

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

Regulatory Proceeding

Alternative Standards

SWH-E

Special Waste Hauling Enforcement

SWH-V

Special Waste Hauling Variance

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

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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Chicago, IL

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