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Illinois Pollution Control Board News
Illinois Pollution Control Board News
No. 451
No. 451
May 6, 1992
May 6, 1992
RULEMAKING UPDATE
RULEMAKING UPDATE
PROPOSED AMENDMENTS RELATING TO GROUNDWATER
QUALITY STANDARDS, R89-14(C)
On April 23, 1992, the Board proposed for second first
notice amendments to the public water supply and water
pollution control rules relating to groundwater quality. The Board
opened this docket to complete a set of rules adopted in prior
proceedings that establish quality standards for Illinois
groundwater. The proposed amendments effect corrections to
the earlier-adopted rules. They clarify the applicability of the
water pollution control regulations to underground waters. They
also restore an inadvertently-omitted phrase to the text of the
earlier-adopted rules. Questions should be directed to Michelle
Dresdow at 815-753-0947.
ADOPTED UST UPDATE, R91-14
On April 9, 1992, the Board adopted a Final Opinion and
Order in R91-14, a UST Update for USEPA actions occurring
during the period January 1 thorugh June 30, 1991. The UST
program is rules that are identical in substance to USEPA rules
dealing with underground storage tanks (USTs). No USEPA
actions occurred during the time frame that required Board
amendments. Rather, this rulemaking is driven entirely by
changes in statutory authority in P.A. 87-323. In response to this
legislation, the Board has repealed all of the UST rules except
those dealing with corrective action, and the Board has expanded
the scope of the remaining rules so that they apply to non-
residential, non-farm heating oil USTs. Questions should be
directed to Morton Dorothy at 217-333-5575.
ADOPTED RCRA UPDATE, R91-13
On April 9, 1992, the Board adopted a final Opinion and
Order in R91-13, an update for USEPA revisions to the "RCRA
rules", governing hazardous waste, occurring during the period
January 1 through June 30, 1991. It includes several USEPA
corrections which appeared after this period. The covered
amendments include new boiler and industrial furnace ("BIF")
rules, and USEPA corrections to the "third third" land disposal
restrictions. The Board will not file the adopted rules until
after May 8, 1992, to allow final comments from the agencies
involved in the authorization process. The Board has requested
post-adoption comment on three issues which may not have
been reviewed by all commenters during the public comment
period: the inclusion of the August 19, 1991, USEPA corrections
concerning K061, electric arc furnace dust; the restriction of the
temporary "free product recovery exclusion" to free product
recovery carried out pursuant to the UST rules; and, whether the
definition of "existing facility" under the BIF rules should be
controlled by the certification of precompliance given to USEPA.
Mr. Forcade and Mr. Meyer dissented. Questions should be
directed to Morton Dorothy at 217-333-5575.
DISMISSED RULEMAKING RELATING TO ALUMINUM IN
DRINKING WATER, R86-29
On March 11, 1992 the Board dismissed a proceeding
relating to imposing limits on the maximum content of aluminum
in drinking water. The Board conducted an inquiry hearing in
1986 on the relationship beween the aluminum content of
drinking water and Altzheimer's disease. Due to the fact that no
member of the public has expressed an interest in this
proceeding since 1987 by making any filing with the Board, the
Board determined that it is not advisable to proceed further at
this time. Questions should be directed to Deborah Stonich at
312-814-6926.
DISMISSED RULEMAKING RELATING TO AMENDMENTS
TO THE LANDFILL RULES FOR ELECTRIC UTILITY
INDUSTRY WASTES, R90-25
On April 9, 1992, the Board dismissed and closed the docket in
this matter. This rulemaking involved certain requested
amendments to the landfill regulations relating to disposal of
wastes generated by electric generating utilities. The Board's
action came in response to a March 26, 1992 motion to dismiss
filed by the Illinois Utility Group. The Utility Group stated, in part,
that it was requesting dismissal of its own proposal because
those companies immediately affected by the Board's landfill
regulations could seek regulatory relief via adjusted standard
petitions. The Illinois Environmental Protection Agency stated
that it did not object to the Utility Group's motion. Questions
should be directed to Deborah Stonich at 312-814-6926.
FINAL ACTIONS - APRIL 23, 1992 BOARD MEETING
FINAL ACTIONS - APRIL 23, 1992 BOARD MEETING
PCB 88-98
IPB, Inc. v. IEPA - The Board remanded this
matter to the Agency with directions to reissue IBP's NPDES
permit for its Henry County facility, modifying the effluent
discharge limit for ammonia nitrogen as per the stipulation of
the parties and prior draft permits.
PCB 91-203
Export Packaging Co., Inc. v. IEPA - The
Board affirmed the Agency's decision reimbursing Export
Packaging Co., $8,592.67 for corrective action costs for its
Rock Island County facility.
PCB 91-233
L.D. Redmer Screw Products, Inc. v. IEPA -
The Board granted L.D. Redmer's motion for voluntary
dismissal.
AC 89-215
IEPA v, Omer Thomas - The Board denied
Omer Thomas' motion to reconsider, and reaffirmed its January
23, 1992 Opinion and Order.
AC 89-224
IEPA v. John Vander - The Board ordered
John Vander to pay $1,225.01 in compensation for hearing
costs to the State of Illinois General Revenue fund for his
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Environmental Register No. 451
Environmental Register No. 451
Williamson County facility.
AC 92-14
Ogle County Health Dept. v. Browning Ferris
Industries - The Board found Browning Ferris violated Section
21(o)(5) at its Ogle County facility and directed it to pay $500 to
the Ogle County Treasurer.
AC 92-16
IEPA v. Harold Hillerbrenner - The Board
found Harold Hillerbrenner violated Section 21(p)(1) at his
Adams County facility and instructed him to pay $500 to the
Environmental Protection Trust Fund.
AC 92-17
IEPA v. Robert S. & Virginia B. Connelly -
The Board found Robert and Virginia Connelly violated
Sections 21(p)(1) and 21(p)(4) of the Act at their Shelly County
facility and imposed a $1,000 penalty payable to the
Environmental Protection Trust Fund.
AC 92-18
Logan County Health Dept. v. Lincoln/Logan
Landfill, Inc. - The Board found Lincoln/Logan Landfill violated
Sections 21(o)(3), 21(o)(5), 21(o)(9), 21(o)(11) and 21(o)(12) at
its Lincoln/Logan County facility and imposed a $2,500 penalty
payable to the Logan County Health Department.
AC 92-19
Logan County Health Dept. v. Lincoln/Logan
Landfill, Inc. - The Board found Lincoln/Logan Landfill violated
Sections 21(o)(1), 21(o)(2), 21(o)(3), 21(o)(5), 21(o)(9),
21(o)(11) and 21(o)(12) at its Lincoln/Logan County facility and
imposed a $3,500 penalty payable to the Logan County Health
Department.
AS 91-1
In the Matter of: Petition of Keystone Steel
and Wire Co. for Hazardous Waste Delisting - The Board
granted Keystone's motion to modify one condition of its March
12, 1992 Order in which the Board granted Keystone's
chemically stabilized electric furnace dust with conditions from
the list of hazardous wastes from specific sources found in 35
Ill. Adm. Code 721.132.
NEW CASES - APRIL 23, 1992 BOARD MEETING
NEW CASES - APRIL 23, 1992 BOARD MEETING
PCB 92-54
ESG Watts, Inc. v. IEPA - The Board
accepted ESG Watts' petition for permit review. The case was
accepted for hearing.
PCB 92-55
Stephen A. Smith, etal. v. City of
Champaign - The Board accepted the third-party petition for
review of the City of Champaign's decision granting site
location suitability approval. The cases was accepted for
hearing.
PCB 92-56
Laraway Recycling and Disposal Facility v.
IEPA - The Board granted Laraway's Will County facility a
provisional variance from the 90 day limitation on hazardous
waste accumulation time set forth in 35 Ill. Adm. Code
722.134(b).
PCB 92-57
City of Wood River v. IEPA - The Board
granted City of Wood River's Madison County facility a
provisional variance from the water regulations to allow
wastewater treatment plant repairs.
PCB 92-58
City of Lincoln v. IEPA - The Board granted
City of Lincoln's Logan County facility a provisional variance
from the water regulations to allow wastewater treatment plant
repairs.
PCB 92-59
City of Charleston v. IEPA - The Board
granted City of Charleston's Coles County facility a provisional
variance from its water regulations to allow discharges of
accumulated excess wastewater influent.
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.
May 11
10:00 a.m.
AC 91-37
AC
EPA v. Hubert Larson and John Strange - Rockford State of Illinois Building, 200 S. Wyman,
Third Floor, Small Conf. Room, Rockford.
May 12
10:00 a.m.
PCB 90-8
P-A
The City of Metropolis v. EPA - Metropolis City Hall, City Council Chambers, 106 W. 5th St.,
Metropolis.
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.
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May 6, 1992/Page
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3
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
Ogle 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 21
9:00 a.m.
PCB 92-40
P-A
Waste Hauling, Inc. v. EPA - Macon County Building, Room 504, Macon County Boardroom,
253 E. Wood St., Decatur.
May 22
9:00 a.m.
PCB 92-42
UST-FRD
Burwell Oil Service, Inc. v. EPA - Municipal Building, Room 203, Seventh and Monroe Streets,
Springfield.
May 22
10:00 a.m.
AC 92-3
AC
EPA v. Dennis Grubaugh - Vandalia City Hall, Counsel Chamber, 219 S. Fifth St., Vandalia.
May 26
10:00 a.m.
PCB 92-17
UST-FRD
Tim's Standard/Freeport v. EPA - City of Freeport City Hall, Council Chambers, 230 W.
Stephenson St., Freeport.
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 1
10:00 a.m.
PCB 91-50
N-E
Karl Christ and Helen Christ v. Compost Enterprises, Inc. - Marengo City Hall, 132 E. Prairie
St., Marengo.
June 1
10:00 a.m.
PCB 91-260
UST-FRD
Capital Asset Corp. and Industrial Investors Limited Partnership v. EPA - Rockford State of
Illinois Center, Third Floor Conference Room, 200 S. Wyman, Rockford.
June 2
10:00 a.m.
PCB 91-50
N-E
Karl Christ and Helen Christ v. Compost Enterprises, Inc. - Marengo City Hall, 132 E. Prairie
St., Marengo.
June 2
10:00 a.m.
PCB 90-187
W-E
Herman W. Prescott v. City of Sycamore - Sycamore City Hall, Council Chambers, 535
DeKalb Ave., Sycamore.
June 3
10:00 a.m.
PCB 90-187
W-E
Herman W. Prescott v. City of Sycamore - Sycamore City Hall, Council Chambers, 535
DeKalb Ave., Sycamore.
June 4
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
June 4
10:00 a.m.
PCB 91-50
N-E
Karl Christ and Helen Christ v. Compost Enterprises, Inc. - Marengo City Hall, 132 E. Prairie
St., Marengo.
June 5
10:00 a.m.
PCB 92-49
UST-FRD
Bernard Miller v. IEPA - Newton City Hall, City Council Chambers, 108 N. Van Buren St.,
Newton.
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.
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Environmental Register No. 451
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June 9
10:00 a.m.
R91-23
R
In the Matter of Marathon Oil Company Petition for Site-Specific Rule Change, 35 Ill. Adm.
Code 303.323 - Courthouse Commercium, Conference Room 280, 301 S. Cross St.,
Robinson.
June 10
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 and Heiser Oil & Gas Co., an Ilinois
Corporation; and Amoco Oil Company - Fisher Village Hall, Council Chambers, 104 W. Front
St., Fisher.
June 11
10:00 a.m.
PCB 92-31
UST-FRD
City of Roodhouse v. EPA - City of Roodhouse City Hall, 119 W. Palm St., Roodhouse.
June 16
9:30 a.m.
R 91-20
R
In the Matter of: Potentially Infectious Medical Waste (PIMW): Treatment, Storage, and
Transfer Facilities and Transporation, Packaging, and Labelling - Bloomington City Hall, City
Counsel Chambers, 109 W. Olive St., Bloomington.
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
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 24
10:00 a.m.
PCB 92-50
A-V
Lawrence Brothers, Inc. v. EPA - Coliseum Building, Community Room, 212 Third Ave.,
Sterling.
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
10:00 a.m.
PCB 92-26
A&N-E
Dale Dettlaff and Deborah Dettlaff v. Mr. Edwardo Boado, EPB Services, Inc. - ELA Town
Hall, 95 E. Main St., Lake Zurich.
June 30
10:30 a.m.
PCB 91-234
P-A
Safety-Kleen Corporation (Pekin Facility) v. EPA - Pekin City Council 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 1
9:30 a.m.
PCB 90-42
P-A
Stepan Company v. EPA - Will County Courthouse, 14 W. Jefferson St., Room 439, Joliet.
July 9
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
July 14
9:30 a.m.
R 91-20
R
In the Matter of Potentially Infectious Medical Waste (PIMW): Treatment, Storage, and
Transfer Facilities and Transporation, Packaging, and Labelling - State of Illinois Center,
Room 2-025, 100 E. Randolph St., Chicago.
July 17
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.
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.
July 30
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
August 13
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
Environmental Register No. 451
Environmental Register No. 451
May 6, 1992/Page
May 6, 1992/Page 5
5
September 3
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
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 17
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
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.
October 1
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
October 15
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
October 29
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
November 19
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
December 3
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
December 17
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
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
ENVIRONMENTAL INFORMATION SERVICES
AVAILABLE FROM THE BOARD
SUBSCRIPTION SERVICE FOR BOARD OPINIONS AND REGULATIONS
Copies of Opinions issued by the Board in enforcement, variance, permit and landfill site location suitability appeals, plus regulatory
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REGULATIONS FOR THE DESIGN AND OPERATION OF NONHAZARDOUS WASTE LANDFILLS
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ENVIRONMENTAL REGISTER NEWSLETTER FOR THE LATEST DEVELOPMENTS
The Environmental Register is a newsletter published by the Board after every Board meeting. The Register provides updates on
rulemakings, lists the final actions taken at the Board meeting, contains the Board's hearing calendar and provides other useful
information on environmental issues.
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/ May 6, 1992
Environmental Register No. 451
Environmental Register No. 451
Printed by Authority of the State of Illinois, May 6, 1992, 2,000 copies, order #57701.
Environmental Register No. 451
Environmental Register No. 451
May 6, 1992/Page
May 6, 1992/Page 7
7
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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