9112-442.PDF

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NVIRONMENTAL

EGISTER

Illinois Pollution Control Board News

No. 442

December 18, 1991

RULEMAKING UPDATE

BOARD ADOPTS FINAL ORDER IN R89-5, GROUNDWATER

PROTECTION: REGULATIONS FOR EXISTING AND NEW

ACTIVITIES WITHIN SETBACK ZONES AND REGULATED

RECHARGE AREAS ("TECHNICAL STANDARDS").

BOARD ISSUES RESOLUTION 91-1, REFUSING TO MODIFY

THE RULES TO MEET JOINT COMMITTEE ON

ADMINISTRATIVE RULES OBJECTION

On December 6, 1991, the Board adopted R89-5 as a

final rule in an Opinion and Order (7-0 Opinion and Order of the

Board by R. C. Flemal with J. D. Dumelle and J. Theodore Meyer

concurring). The rulemaking has been 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 set of affected activities includes,

in general, those activities that offer significant potential for

producing groundwater contamination. Affected activities in the

adopted rule are landfilling, land treating, surface impounding,

piling of wastes, use of underground storage tanks, storage of

pesticides, fertilizer, road oil, or road de-icing agents.

On November 19, 1991, the Joint Committee on

Administrative Rules (JCAR) objected to the rules based on their

concern over the impact on certain small businesses. On

December 6, 1991, the Board, in conjunction with the adoption of

the rules in R89-5, issued Resolution 91-1. The Resolution

consists of the Board's formal response to the JCAR objection

wherein the Board refused to modify the rules in order to meet

the objection. In general, the Board stated that it had previously

modified the rules to lessen the burden on small businesses,

particularly those related to the handling and storage of

pesticides and fertilizers. Any further modification could not be

made consistent with the statutory mandate and in consideration

of the record before it, the Board stated. Also, the Board noted

that other options are available under the Act, including the

adjusted standard procedures or the filing of proposals to amend

regulations. Copies of the Board's December 6, 1991 Opinion

and Order and Resolution are available from the Board offices at

the phone number and address listed in this issue. Please give

the December 6, 1991 date and docket numbers R89-5 and Res

91-1 when requesting copies. Further information can be

obtained from Michelle Dresdow, (815) 753-0947.

UIC UPDATE AND PRETREATMENT UPDATE DOCKETS

DISMISSED, R91-16 & R91-17

These dockets were reserved by the Board for updating

the UIC and pretreatment rules to include USEPA regulations

adopted bettween January 1, 1991 and June 30, 1991.

However, USEPA did not amend those rules during that period

and the Board therefore dismissed the dockets.

BOARD AND STAFF ACTIVITIES

BOARD MEMBER JACOB D. DUMELLE, P.E., RETIRES IN

DECEMBER 1991

Board Member Jacob D. Dumelle will retire from the

Board at the end of December, 1991, after over 20 years of

dedicated service to the environmental initiatives of Illinois. The

Board will be presenting Board Member Dumelle with a

Resolution at the December 19, 1991 Board Meeting which will

commemorate his years of service and achievement. Parts of

the Resolution are summarized below.

In July, 1970, Board Member Dumelle was appointed by

Governor Richard B. Ogilvie to his first three year term on the

newly created Illinois Pollution Control Board. Since that time,

Board Member Dumelle has been consecutively reappointed for

a total of 21 years on the Board. During that time he served as

Chairman of the Pollution Control Board for fifteen years (August,

1973 until November, 1988).

During his unprecedented period of service on this

Board, Jacob D. Dumelle exhibited an unending enthusiasm for

probing environmental initiatives that have established a record

of significant and lasting accomplishment for the Board. He also

donated his services to civic and professional groups involved in

enhancing environmental quality, and received many honors and

awards for his devoted service to improving the environment.

Board Member Dumelle has been honored by the Illinois

Environmental Council (Earth Day, 1980), the Air Pollution

Control Association (Honorary Conference Chairman, 1983), and

the Chicago Lung Association (Environmental Service, 1990) to

name just a few.

The Board congratulates its colleague, Board Member

Dumelle, for his many years of service in the interest of human

health and the environment and wishes for and anticipates

continuing success and accomplishment in his future endeavors.

FINAL ACTIONS - DECEMBER 6, 1991 BOARD MEETING

PCB 85-95

Citizens Utilities Co. of Illinois v. IEPA et al.

-The Board granted petitioner's motion for reconsideration of its

October 24, 1991 Order but declined to grant the relief

requested therein relating to its Will County facility. Board

Member R. Flemal abstained and Board Member B. Forcade

concurred.

Page

Page 2

2/December 18, 1991

/December 18, 1991

Environmental Register No. 442

PCB 89-177

CWM Chemical Services, Inc. v. IEPA and

the People of the State of Illinois - The Board found petitioner's

motion to remand untimely, found the Agency followed the Part

705 procedural requirements and denied petitioner's motion to

remand for correction of procedural defects concerning its Cook

County facility. Board Members R. Flemal, J. Theodore Meyer

and M. Nardulli dissented.

PCB 89-184

The Grigoleit Co. v. IEPA - The Board struck

the Agency's citation in its denial letter, granted in part

petitioner's motion for sanctions, reversed the Agency's denial

of its application for an operating permit and directed the

Agency to issue an operating permit concerning petitioner's

Macon County facility. Board Members J. Dumelle and B.

Forcade dissented.

PCB 90-60

People of the State of Illinois v. Allied-

Hastings Barrel and Drum Service, Inc. - The Board accepted

the Stipulation and Settlement Agreement in which respondent

agreed to pay the sum of $3,000 designated to the

Environmental Protection Trust Fund and to cease and desist

from alleged violations at its Cook County facility. Board

Member J. Theodore Meyer dissented.

PCB 90-112

People of the State of Illinois v. Chicago

Heights Refuse Depot, Inc. - The Board, upon review of

respondent's motion for reconsideration and memorandum,

denied the motion concerning petitioner's Cook County facility.

Board Member J.D. Dumelle dissented.

PCB 90-136

Walter J. Maquet and Marlene J. Maquet,

d/b/a Maquets's 66 v. IEPA - The Board reversed the Agency

determination of a $50,000 deductible and remanded the matter

to the Agency concerning petitioner's Tazewell County facility.

Board Member J. Anderson dissented.

PCB 91-7

Land and Lakes Co., et al v. Village of

Romeoville et al. - The Board granted Romeoville's and Will

County's motion to reconsider its August 27, 1991 opinion and

order, vacated that portion of the order finding that Romeoville

failed to comply with Section 39.(d) of the Act and remanded

the matter to the Village of Romeoville for a definitive

determination on Criterion 1 of Section 39.2(a) of the Act, Ill.

Rev. Stat. 1989, ch. 111 1/2 par. 1039(d), consistent with the

Board's Supplemental Opinion and Order concerning

petitioner's Will County facility. Board Members J.G. Anderson

and B. Forcade concurred and Board Members J.D. Dumelle

and J.T. Meyer dissented.

PCB 91-81

Safety-Kleen Corp., (Caseyville Facility) v.

IEPA -This matter was dismissed on petitioner's motion, with

prejudice.

PCB 91-82

Safety-Kleen Corp., (Pekin Illinois) v. IEPA -

This matter was dismissed on petitioner's motion, with

prejudice.

PCB 91-109

North Suburban Development Corp. v. IEPA -

The Board affirmed the Agency's determination regarding the

non-reimbursability of remediation costs incurred by petitioner

concerning its Cook County facility. Board Members J.

Anderson and M. Nardulli dissented.

PCB 91-150

People of the State of Illinois v. World's Finest

Chocolate, 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 civil penalty of $4,000 designated to the Environmental

Protection Trust Fund and to cease and desist from the alleged

violations concerning its Cook County facility. Board Members

J.D. Dumelle and J. Theodore Meyer dissented.

PCB 91-155

Seaco, Inc. v. IEPA - This matter was

dismissed on petitioner's motion.

PCB 91-191

Grand Soo, Inc. v. IEPA - This matter was

dismissed on petitioner's motion, with prejudice.

PCB 91-239

Precoat Metals 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 Madison County facility. Board Members J.D. Dumelle and

B. Forcade concurred.

PCB 91-240

Amax Coal Co., Wabash Mine v. IEPA - The

Board accepted the Agency Recommendation and granted

petitioner provisional variance, with conditions, from the Board's

water pollution regulations concerning its Massac County

facility. Board Members J.D. Dumelle and B. Forcade

concurred.

R89-5

In The Matter Of: Groundwater Protection: Regulations

for Existing and New Activities Within Setback Zones and

Regulated Recharge Areas (35 Ill. Adm. Code 601, 615, 616

and 617)("Technical Standards") - This matter was adopted as

a final rule, fulfilling the mandate of Section 14.4 of the

Environmental Protection Act.

R91-16

In The Matter Of: UIC Update, USEPA

Regulations (1-1-91 through 6-30-91) - This matter was

dismissed as there was no update of UIC rules by the USEPA

for this period.

R91-17

In The Matter Pretreatment Update (1-1-91

through 6-30-91) This matter was dismissed as there was no

update of pretreatment rules by the USEPA for this period.

AC 90-56 (B)

IEPA v. Steve Gilbert - The Board reopened

this docket and denied petitioner's motion to reconsider

contested hearing costs. Board Member J.T. Meyer concurred.

Environmental Register No. 442

December 18, 1991/Page

December 18, 1991/Page 3

NEW CASES - DECEMBER 6, 1991 BOARD MEETING

PCB 91-214

North Oak Chrysler Plymouth v. Amoco Oil

Co. - Petitioner alleges violations of the Act and Board waste

disposal regulations at respondent's Cook County facility.

Accepted for hearing.

PCB 91-232

Lyons/Paulina Kerpec Trust Fund #103 (Cy

Kerpec and Lucille Taylor v. IEPA - Petitioner seeks review of

an underground storage tank reimbursement determination

concerning its Cook County facility. Accepted for hearing.

PCB 91-233

L.D. Redmer Screw Products, Inc. v. IEPA -

Petitioner seeks review of an underground storage tank

reimbursement determination concerning its DuPage County

facility. Accepted for hearing.

PCB 91-234

Safety-Kleen Corp., (Pekin, Illinois) v. IEPA -

Petitioner seeks permit review concerning its Tazewell/Peoria

facility. Accepted for hearing.

PCB 91-235

Marsco Mfg. Co. v. IEPA - Petitioner seeks

variance for its Cook County facility. Additional information

requested.

PCB 91-236

City of Kewanee v. IEPA - Petitioner seeks

variance from the Board's public water supplies regulations

concerning Standards for Issuance and

Restricted Status relating to radium -226, radium -228 and

gross alpha particle activity for its Henry County facility. Held

for Agency Recommendation.

PCB 91-237

Laidlaw Environmental Services of Illinois,

Inc., v. IEPA - Petitioner seeks permit review concerning its

Winnebago County facility. Accepted for hearing.

PCB 91-238

Laidlaw Environmental Services of Illinois v.

IEPA -Petitioner seeks permit review concerning its Winnebago

County facility. Accepted for hearing.

PCB 91-239

Precoat Metals, v. IEPA - See Final Actions.

PCB 91-240

Amax Coal Co., Wabash Mine v. IEPA - See

Final Actions.

PCB 91-241

Safety-Kleen Corp. (Caseyville, Illinois) v.

IEPA -Petitioner seeks permit review concerning its Cook

County facility. Accepted for hearing.

PCB 91-242

Arthur J. Ferrari v. IEPA - Petitioner seeks

review of an underground storage tank reimbursement

determination concerning its Cook County facility. Accepted for

hearing.

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.

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.

December 27

9:00 a.m.

PCB 90-31

W-V

R. Lavin & Sons, Inc. v. EPA - Little Fort Media Conference Room, 113-115 N. Genesee,

Waukegan.

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 7

9:30 a.m.

PCB 91-204

UST-FRD

Lewis Brothers Bakeries, Inc. v. EPA - Collinsville City Hall, 125 S. Center St., Collinsville.

January 7 10:00

a.m.

PCB 91-223

L-S-R

Waste Hauling, Inc. v. Macon County Board - Macon County Building, 253 E. Wood St.,

Decatur.

January 7

9:00 a.m.

R 90-1

Toxic Air Contaminants List (35 Ill. Adm. Code Part 232) - Stratton Office Building, Room D-1,

104 S. Spring St., Springfield.

January 8

10:00 a.m.

PCB 90-182

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 -

McDonough County Courthouse, Law Library, Third Floor, Macomb.

January 9

Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,

Conference Room 9-040, Chicago.

Page

Page 4

4/December 18, 1991

/December 18, 1991

Environmental Register No. 442

January 9

10:00 a.m.

PCB 90-182

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 -

McDonough County Courthouse, Law Library, Third Floor, Macomb.

January 15

9:00 a.m.

PCB 91-175

P-A

Ball Corporation, Ball Metal Decorating & Service Division v. EPA - State of Illinois Center,

Suite 11-500, 100 W. Randolph St., Chicago.

January 15

10:00 a.m.

PCB 91-213

UST-FRD

First Busey Trust & Investment Co., as Trustee of the Anne Laycock Trust v. EPA -

Champaign County Courthouse Annex Meeting Room 2, 204 E. Elm St., Urbana.

January 15

1:00 p.m.

PCB 91-174

UST-FRD

Enterprise Leasing Company (Chicago Heights) v. EPA - State of Illinois Center, Suite 11-500,

100 W. Randolph St., 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.

January 16

10:30 a.m.

R 91-23

In the Matter of: Marathon Oil Company Petition for Site-Specific Rule Change, 35 Ill. Adm.

Code 303.323 - Robinson Community Center, 300 S. Lincoln, Robinson.

January 17

10:30 a.m.

PCB 91-136

N-E

Don Bolander v. Monticello Bus Service, Wayne Kruger, President - County Board Room,

Room 104, 101 W. Washington St., Monticello.

January 17

10:00 a.m.

PCB 91-222

P-A

Ronk Electrical Industries, Inc. v. EPA - City Council Chambers (Second Floor), Nokomis City

Hall, 111 S. Pine, Nokomis.

January 22

10:00 a.m.

PCB 91-203

UST-FRD

Export Packaging Co., Inc. (Moline Facility) v. EPA - County Office Building, County

Boardroom, Third Floor, 1504 Third Avenue, Rock Island.

January 23

Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,

Conference Room 9-040, Chicago.

January 24

9:30 a.m.

PCB 91-214

UST-E

North Oak Chrysler Plymouth v. Amoco Oil Company - State of Illinois Center, Suite 11-500,

100 W. Randolph St., Chicago.

January 28

10:00 a.m.

R 91-35

In the Matter of: Amendments to 35 Ill. Adm. Code Subtitle B: Air Pollution PM-10 Ambient

Limits and Episode Regulations; 35 Ill. Adm. Code 212, 243 and 244 -State of Illinois Center,

Room 9-040, 100 W. Randolph St., Chicago.

January 29

9:30 a.m.

PCB 91-205

UST-FRD

Fred M. Strube and Cynthia L. Strube d/b/a Strube's 66 - Peoria County Courthouse, Peoria

County Board of Supervisors, Jefferson & Main, Peoria.

January 30

10:00 a.m.

PCB 91-128

N-E

Oather Druen, Evelyn Druen and Amy Pirtle v. James Leonard - Criminal Justice Center, 707

Etna Road, Ottawa.

January 30

10:00 a.m.

R 91-35

In the Matter of: Amendments to 35 Ill. Adm. Code Subtitle B: Air Pollution PM-10 Ambient

Limits and Episode Regulations; 35 Ill. Adm. Code 212, 243 and 244 -State Capitol Building,

Room 400, Springfield.

January 31

9:00 a.m.

PCB 91-195

A-E

Scott A. Thomas and Karen A. Thomas v. Carry Companies of Illinois, Inc. - Macon County

Courthouse, County Board Room, 253 E. Wood St., Decatur.

January 31

10:00 a.m.

PCB 91-224

L-S-R

5027 Corp. v. City of Moline - City Hall, Council Chamber, Third Floor, 1528 Third Avenue,

Rock Island.

February 6

Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,

Conference Room 9-040, Chicago.

February 14

PCB 91-172

John Plosila v. Bandito Barney's, First American Bank (Wallace Wolff) Trust No. 89-008 and

Environmental Register No. 442

December 18, 1991/Page

December 18, 1991/Page 5

10:00 a.m.

N-E

Thom P. McNamee - Dundee Public Library, 555 Barrington Avenue, Dundee.

February 27

Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,

Conference Room 9-040, Chicago.

March 5

9:30 a.m.

PCB 91-202

P-A

Sherex Chemical Company, Inc. v. EPA - Peoria County Courthouse, Board of Supervisors,

Jefferson & Main Street, Peoria.

March 12

Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,

Conference Room 9-040, Chicago.

March 18

10:00 a.m.

AS 90-4

In the Matter of: Granite City Division of National Steel for Adjusted Standards from 35 Ill.

Adm. Code 302.102, 302.208, 302.210 and Subpart F, Procedures for Determining Water

Quality Criteria - City Hall, Mayor's Conference Room, Second Floor, 200 Edison Ave.,

Granite City.

March 19

10:00 a.m.

PCB 91-53

A-E

People of the State of Illinois v. Enamelers and Japanners, Inc. - State of Illinois Center, Suite

11-500, 100 W. Randolph St., Chicago.

March 23

10:00 a.m.

PCB 90-8

P-A

The City of Metropolis v. EPA - Metropolis City Hall, City Council Chambers, 106 West 5th

Street, Metropolis.

March 26

Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,

Conference Room 9-040, Chicago.

April 1

10:30 a.m.

PCB 90-197

P-A

The Celotex Corporation v. EPA - Adams County Building, Small Jury Room, 521 Vermont

St., Quincy.

April 9

Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,

Conference Room 9-040, Chicago.

April 16

10:00 a.m.

PCB 91-57

P-A

Monsanto Company v. EPA - Sauget Village Hall, 2897 Falling Springs Road, Sauget.

April 23

Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,

Conference Room 9-040, Chicago.

April 30

9:30 a.m.

PCB 90-42

P-A

Stepan Company v. EPA - Will County Courthouse, 14 W. Jefferson St., Room 439, Joliet.

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

Page

Page 6

6/December 18, 1991

/December 18, 1991

Environmental Register No. 442

Printed by Authority of the State of Illinois, December 18, 1991, 2.000 copies, order #57701.

Environmental Mailing List Name and Address Corrections

The Pollution Control Board has reduced its mailing costs for the Environmental Register by instituting a new address label

system. The Board began this change by updating its mailing list several months ago. In an effort to keep the cost of the Environmental

Register to a minimum, the Board is requesting that readers please check the name and address of the mailing label for accuracy,

especially the zip code. If a correction needs to be made, please send the mailing label (or a copy)

and

the corrections to:

Vicky Agyeman

100 W. Randolph Street

Suite 11-500

Chicago, IL. 60601

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

Urbana, Illinois

Joan G. Anderson

Jacob D. Dumelle

Ronald C. Flemal

Western Springs, Illinois

Oak Park, Illinois

Dekalb, Illinois

Bill S. Forcade

J. Theodore Meyer

Michael L.

Nardulli

Chicago, Illinois

Environmental Register No. 442

December 18, 1991/Page

December 18, 1991/Page 7

Illinois Pollution Control Board

State of Illinois Center, 11-500

100 West Randolph Street

Chicago, Illinois 60601

(312) 814-3620

Address Correction Requested.

Bulk Rate

U.S.

Postage

PAID

Chicago, IL

Permit

No.2088