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NVIRONMENTAL
NVIRONMENTAL
R
EGISTER
EGISTER
Illinois Pollution Control Board News
No. 449
No. 449
April 8, 1992
April 8, 1992
RULEMAKING UPDATE
RULEMAKING UPDATE
BOARD REQUESTS PUBLIC COMMENT IN R87-37
On March 26, 1992, the Board directed all
interested persons to submit comment in the R87-37
proceeding before May 15, 1992. The Board is asking
that persons submit comments to update the record in this
proceeding. The Board will then proceed as
expeditiously as possible with this rulemaking.
BOARD DETERMINES NO ECIS IS NECESSARY
IN R91-28, RACT EXPANSION FOR THE
CHICAGO AREA
On March 26, 1992, the Board determined that an
Economic Impact Study is not necessary for R91-28, the
RACT expansion for the Chicago Area proceeding. The
proposal is intended to expand the geographical
applicability of reasonably available control technology
(RACT) regulations to certain stationary sources of
volatile organic material (VOM) in Goose Lake and Aux
Sable Townships in Grundy County, Illinois, and to
Oswego Township in Kendall County, Illinois.
The Board considered comments filed by the
Illinois Environmental Protection Agency that cost
information has already been included in the proposal.
The Board determined that no EcIS is necessary, stating
that the presentation of economic information at hearing
and in comments in this proceeding should be sufficient
for the Board's consideration of the economic impact of
the proposed rule. The Board noted that it may change
its determination pursuant to Section 27 of the
Environmental Protection Act, if the proposal has been
substantially
modified or if information in the record indicates that an
economic impact study would be advisable.
Persons interested in the proposal should contact
the hearing officer, Michelle C. Dresdow, at (815) 753-
0947 for further information.
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.
FOR YOUR INFORMATION
FOR YOUR INFORMATION
BOARD REVIEW OF AGENCY UST FUND
DECISIONS
On March 26, 1992, the Board clarified when the
Illinois Environmental Protection Agency's (Agency)
UST determinations are appealable to the Board. The
Agency frequently makes reimbursement payments on a
periodic basis during the course of corrective action. In
The Pumper v. IEPA (PCB 91-262) and City of
Roodhouse v. IEPA (PCB 92-31), the Board ruled that an
applicant seeking reimbursement from the UST Fund
may appeal an Agency determination on a claim for
reimbursement even though other claims may be pending
before the Agency or may be submitted in the future.
FINAL ACTIONS - MARCH 26, 1992 BOARD MEETING
FINAL ACTIONS - MARCH 26, 1992 BOARD MEETING
PCB 88-52
City of Ottawa v. IEPA - The Board
granted the City of Ottawa's motion for modification for
its LaSalle County facility.
PCB 90-195
Caterpillar Inc. v. IEPA - The Board
granted Caterpillar's motion to dismiss.
PCB 91-95
Staunton Landfill, Inc. v, IEPA - The
Board affirmed the Agency's denial of Staunton
Landfill's application for permit transfer and
modification for a non-hazardous waste landfill for its
Macoupin County facility.
PCB 91-119
White County Board v. IEPA - The
Board granted White County Board a variance relief
subject to conditions from 35 Ill. Adm. Code 406.106
and 406.108 for its White County facility.
PCB 91-129
People of the State of Illinois v. City of
Bloomington - The Board accepted the Stipulation and
Settlement Agreement in which respondent neither
admitted nor denied alleged violations of the Act and
Board air pollution regulations and agreed to pay a sum
of $5,500 to the Environmental Protection Trust Fund
concerning its McLean County facility.
Page 2/April 8, 1992
Environmental Register No. 449
PCB 91-149
Minnesota Mining & Manufacturing
Co., v. IEPA - The Board granted Minnesota Mining's
motion to dismiss.
PCB 91-163
Clinton County Oil Co., Inc.,
Hoffman/Meier's Shell and Clarence Meier v. IEPA -
The Board reversed the Agency's imposition of the
$50,000 underground storage tank deductible and the
case was remanded for imposition of the $10,000
deductible for the Clinton County facility. Board
Members R. Flemal and B. Forcade dissented.
PCB 91-236
City of Kewanee 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 radium and gross alpha particle activity in
drinking water concerning its Henry County facility.
Board Member B. Forcade dissented.
PCB 92-11
Mac Lean-Fogg Co., v. IEPA - The
Board granted Mac Lean-Fogg's motion to dismiss.
PCB 92-44
Mobil Oil Corp. v. IEPA - The Board
granted the petitioner a provisional variance from 35 Ill.
Adm. Code 722.134(b).
PCB 92-45
Lawrence Brothers, Inc. - The Board
granted the petitioner a provisional variance from 35 Ill.
Adm. Code 722.134(b).
PCB 92-46
Kearney-National, Inc. v. IEPA - The
Board granted the petitioner a provisional variance from
35 Ill. Adm. Code 722.134(b)
AC 91-56
County of Jackson v. R & R Janitorial
Service - The Board granted the County of Jackson's
motion to dismiss.
AC 92-6
County of Jackson v. James Quall - The
Board dismissed this matter on its own motion, for
failure to prove service as required by statute.
AC 92-7
Sangamon County v. ESG Watts, Inc. -
The Board dismissed this matter on its own motion, for
failure to prove service as required by statute.
AC 92-8
Logan County Health Department v.
Lincoln/Logan Landfill - The Board found respondent
violated Sections 21(o)(1), 21(o)(2), 21(o)(3), 21(o)(5),
21(o)(9), 21(o)(11) and 21(o)(12) of the Act, and
imposed a penalty of $3,500 payable to the Logan
County Health Department.
AC 92-9
Sangamon County v. ESG Watts, Inc. -
The Board dismissed this matter on its own motion, for
failure to prove service as required by statute.
AC 92-10
St. Clair County v. Thomas Todd - The
Board found respondent violated Sections 21(p)(1) and
21(p)(1) of the Act, and imposed a penalty of $1,000
payable to the County Collector.
AS 92-2
In the Matter of: WE-SHRED-IT, Inc.
Petition for Adjusted Standard - The Board denied the
Agency's motion to dismiss.
R91-28
In the Matter of: Expansion of
Applicability of Reasonably Available Control
Technology for Ozone to Goose Lake and Aux Sable
Townships in Grundy County, Illinois, and Oswego
Township in Kendall County Illinois: Amendments to
35 Ill. Adm. Code Parts 215 and 218 - The Board found
that the preparation of an EcIS need not be conducted at
this time.
NEW CASES - MARCH 26, 1992 BOARD MEETING
NEW CASES - MARCH 26, 1992 BOARD MEETING
PCB 92-26
Dale Dettlaff and Deborah Dettlaff v.
Edward Boado and EPD Services, Inc. - The Board
denied the complainants alleged violation of the Board's
noise and air pollution regulations as duplicitous and
frivolous. Accepted for hearing.
PCB 92-27
Richard J. Pecka, Janice M. Pecka v.
Skylarks Remote Control Airplane Club & John Crown
Golden Oaks Farm - The Board ordered each party in
this proceeding to file a written document discussing
whether the alleged violation of the noise regulations is
an "organized amateur or professional sporting
activity", which is outside the Board's authority to
regulate.
PCB 92-40
Waste Hauling Inc. v. IEPA - The
petition for permit review for its Will County facility
was accepted for hearing.
PCB 92-41
Delta Air Lines, Inc. v. IEPA - The
petition for hearing to review certain conditions
imposed by the IEPA in its RCRA closure plan permit
was granted. Accepted for hearing.
PCB 92-42
Burwell Oil Service, Inc. v. IEPA - The
petition for review of an Underground Storage Tank
Reimbursement Determination and motion seeking to
waive compliance with 35 Ill. Adm. Code 101.103 for
certain documents already filed was granted. Accepted
for hearing.
PCB 92-44
Mobil Oil Corp. v. IEPA - See Final
Actions.
PCB 92-43
Safety-Kleen Corp. v. IEPA - The Board
granted the petition for review. Accepted for hearing.
PCB 92-45
Lawrence Brothers, Inc. v. IEPA - See
Final Actions.
PCB 92-46
Kearney-National, Inc. v IEPA - See
Final Actions.
PCB 92-47
Quantum Chemical Corp. v. IEPA - The
Board granted the petition for permit review. Accepted
for hearing.
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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.
April 15
10:00 a.m.
PCB 91-184
P-A
The C.P. Hall Company v. EPA - State of Illinois Center, Suite 11-500, 100 W.
Randolph St., 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 16
10:00 a.m.
PCB 92-30
UST-FRD
Dynamic Hydra-Blasting, Inc. v. EPA - Alton City Hall, 101 E. 3rd St., Alton.
April 16
10:30 a.m.
PCB 91-234
P-A
Safety-Kleen Corp. (Pekin Facility) v. EPA - Pekin City Council Chambers, 400
Margaret St., Pekin.
April 21
9:30 a.m.
PCB 92-28
UST- FRD
CSX Transportation, Inc. v. EPA - State of Illinois Center, Suite 11-500, 100 W.
Randolph St., Chicago.
April 21
10:00 a.m.
PCB 92-22
UST-FRD
Warren's Service v. EPA - Mercer County Courthouse, County Board Room,
Aledo.
April 21
10:00 a.m.
PCB 92-25
L-S-R
Land and Lakes Company, JMC Operation, Inc. and NBD Trust Company of
Illinois as Trustee under Trust No. 2624EG v. Village of Romeoville - Romeoville
Village Hall, Board Room, 13 Montrose St., Romeoville.
April 22
9:00 a.m.
PCB 92-1
UST-FRD
Russell L. Bacon v. EPA - Law and Justice Center, Dining Room, 104 W. Front
St., Bloomington.
April 23
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph
St., Conference Room 9-040, Chicago.
April 24
10:00 a.m.
PCB 91-134
P-A
Safety-Kleen Corporation (Elgin Recycle Center) v. EPA - State of Illinois Center,
Suite 11-500, 100 W. Randolph St., Chicago.
April 29
9:00 a.m.
PCB 92-10
UST-FRD
Kelly Williamson Company v. EPA - Ogle County Courthouse, 4th & Washington
Sts., State's Attorney's Conference Room, Oregon.
April 29
10:00 a.m.
PCB 90-201
N-E
David L. Dravis and Margo Dravis v. M & D AG, Jerry McGinn, and Bert Davis -
Whiteside County Courthouse, 200 E. Knox St., Morrison.
April 29
1:00 p.m.
AC 91-45
AC
County of Ogle v. Rochelle Disposal Services, Inc., Operator and City of Rochelle
-Ogle County Courthouse, 4th & Washington Sts., State's Attorney's Conference
Room, Oregon.
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.
April 30
9:30 a.m.
PCB 91-154
L-E
Carrell and Mary Bates v. Edward E. Brake; Ella F. Brake; Eugene Gale Heiser,
in his individual capacity and d/b/a Heiser Oil & Gas Company, an Illinois
Corporation - Fisher Village Hall, Council Chambers, 104 W. Front St., Fisher.
May 1
10:00 a.m.
AS 91-5
AS
In the Matter of Elizabeth Street Foundry, Inc., an Illinois Corporation, Petition
for Adjusted Standard, 35 Ill. Adm. Code 212.321 - State of Illinois Center, Suite
11-500, 100 W. Randolph St., Chicago.
Page 12/April 8, 1992
Environmental Register No. 449
May 7
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph
St., Conference Room 9-040, Chicago.
May 7
9:30 a.m.
PCB 91-202
P-A
Sherex Chemical Co., Inc. v. EPA - Peoria County Courthouse, Board of
Supervisors, Jefferson & Main Street, Peoria.
May 8
10:00 a.m.
AC 92-5
AC
EPA v. Ronald D. and Retha M. Rawe - Greene County Courthouse, Carrollton.
May 12
11:00 a.m.
R 91-28
R
In the Matter of: Amendments to 35 Ill. Adm. Code Subtitle B: Air Pollution,
Reasonably Available Control Technology - Geographical Expansion for the
Chicago Consolidated Metropolitan Statistical Area - Oswego Law Enforcement
Center, Community Room, 3525 Route 34, Oswego.
May 12
2:00 p.m.
R91-24
R
In the Matter of: Exemptions from Definitions of VOM, 35 Ill. Adm. Code 218
and 219 - Oswego Law Enforcement Center, Community Room, 3525 Route 34,
Across from Fox Bend Golf Course) Oswego.
May 13
10:00 a.m.
PCB 91-237
P-A
Laidlaw Environmental Services of Illinois Inc., v. EPA - Rockford Public
Library, Room C., Lower Level, 215 N. Wyman St., Rockford.
May 13
10:00 a.m.
PCB 91-238
P-A
Laidlaw Environmental Services of Illinois Inc., v. EPA - Rockford Public
Library, Room C., Lower Level, 215 N. Wyman St., Rockford.
May 14
10:00 a.m.
PCB 92-36
UST-FRD
City of Lake Forest v. EPA - Lake Forest City Hall, 220 E. Deerpath, Lake
Forest.
May 14
10:00 a.m.
AC 91-32
AC
Ogles County v. Rochelle Services, Inc. - Ogle County Courthouse, State's
Attorney's Conference Room, 4th and Washington Streets, Oregon.
May 15
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.
May 15
10:00 a.m.
PCB 91-83
UST-FRD
Village of Lincolnwood v. EPA - State of Illinois Center, Suite 11-500, 100 W.
Randolph St., Chicago.
May 19
10:00 a.m.
AS 91-11
AS
In the Matter of: Illinois American Water Company for an Adjusted Standard from
35 Ill. Adm. Code 304.124 (Iron and TSS only) for the Water Company's East St.
Louis Public Water Supply Facility - Alton City Hall, Council Chambers, Room
104, 101 E. Third St., Alton.
May 21
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph
St., Conference Room 9-040, Chicago.
May 27
10:00 a.m.
AS 91-12
AS
In the Matter of: Illinois American Water Company for an Adjusted Standard from
35 Ill. Adm. Code 304.124 (Iron and TSS only) for the Water Company's Cairo
Public Water Supply Facility - Alexander County Courthouse, Small Courtroom,
2000 Washington St., Cairo.
June 4
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph
St., Conference Room 9-040, Chicago.
June 9
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.
June 23
9:30 a.m.
PCB 92-15
UST-FRD
Mercantile Bank of St. Louis, N.A., Personal Representative of the Estate of Ann
Gudder v. EPA - Williamson County Courthouse, 200 W. Jefferson (adjacent to
Courtroom #5), Marion.
June 24
PCB 91-259
City of Rockford v. IEPA - Rockford State of Illinois Building, 200 Wyman, Third
Environmental Register No. 449
April 8, 1992/Page 13
10:00 a.m.
UST-FRD
Conference Room, Rockford.
June 25
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph
St., Conference Room 9-040, Chicago.
June 25
10:00 a.m.
PCB 91-259
UST-FRD
City of Rockford v. IEPA - Rockford State of Illinois Building, 200 Wyman, Third
Conference Room, Rockford.
June 29
9:00 a.m.
PCB 91-250
P-A
Pekin Energy Company v. EPA - Pekin City Hall, Counsel Chambers, 400
Margaret St., Pekin.
June 30
11:00 a.m.
PCB 91-16
P-A
Nicor National, Inc. v. EPA - Madison County Courthouse, 155 N. Main St.,
Edwardsville.
July 21
10:00 a.m.
AS 90-4
AS
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.
September 15
10:00 a.m.
PCB 91-201
UST-FRD
RKF Enterprises v. EPA - Benton City Hall, Council Room, 500 W. Main St.,
Benton.
September 24
10:00 a.m.
PCB 91-157
L-E
People of the State of Illinois v. The Grigoleit Company - Decatur Civic Center,
Human Resources Conference Room, Second Floor, 1 Civic Center Plaza,
Decatur.
September 25
10:00 a.m.
PCB 91-157
L-E
People of the State of Illinois v. The Grigoleit Company - Decatur Civic Center,
Human Resources Conference Room, Second Floor, 1 Civic Center Plaza,
Decatur.
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, April 8, 1992, 2,000 copies, order #57701.
Page 14/April 8, 1992
Environmental Register No. 449
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
Ronald C. Flemal
Bill S. Forcade
Western Springs, Illinois
DeKalb, Illinois
Chicago, Illinois
G. Tanner Girard
J. Theodore Meyer
Michael L. Nardulli
Grafton, Illinois
Chicago, Illinois
Chicago, Illinois
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
Address Correction Requested.
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