Printed on Recycled Paper
E
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NVIRONMENTAL
NVIRONMENTAL
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EGISTER
EGISTER
Illinois Pollution Control Board News
Illinois Pollution Control Board News
No. 453
No. 453
June 3, 1992
June 3, 1992
RULEMAKING UPDATE
RULEMAKING UPDATE
DISMISSED EVALUATION OF UNDERGROUND INJECTION
CONTROL, R89-15
On May 21, 1992, the Board dismissed R89-15, which
considered amendments to the underground injection control
regulations. Section 6.2 of the Environmental Protection Act
mandated that the Department of Energy and Natural Resources
study the underground injection of hazardous wastes in Illinois.
The Department submitted the results of its study to the Board in
October, 1989. That study recommended 19 amendments to the
existing regulations. The Board conducted legislatively-
mandated hearings on the study in May and June, 1990. The
Board concluded, based on the record, that intervening identical
in substance amendments to the underground injection control
regulations mooted many of the Department's recommendations.
The Board felt that certain other of those recommendations did
not warrant regulatory amendments. The Board invited a
regulatory proposal to address any remaining concerns and
closed the docket. Questions should be directed to Karen
Rosenwinkel at 312-814-3665.
BOARD MODIFIES RCRA UPDATE, R91-13
On May 21, 1992, the Board, modified its final opinion and order
of April 9, 1992 in R91-13. This rulemaking included identical in
substance updates to the state's RCRA rules to correspond with
USEPA actions that appeared in the Federal Register during the
second half of 1991. R91-13 included the new boiler and
industrial furnace ("BIF") rules, and USEPA corrections to the
"third third" land disposal restrictions. In the April 9, 1992,
Opinion and Order, the Board indicated that it would allow time
for post-adoption comments. The Board received comments
from USEPA requesting correction of a typographical error and
from three entities interested in having the Board adopt two site-
specific, USEPA-granted "treatability variances". The Board
corrected the typographical error in the supplemental opinion and
order. It also modified Section 728.144 to allow adoption of site-
specific USEPA "treatability variances" by identical in substance
rulemaking. The Board also added Section 728.Table H to list
the two "treatability variances" adopted as part of this docket.
Questions should be directed to Morton Dorothy at 217-333-
5575.
NEW DOCKET OPENED FOR PROCEDURAL AMENDMENTS
TO RECYCLED PAPER REQUIREMENT FOR FILINGS, R92-7
On May 21, 1992, the Board accepted a petition filed May 19,
1992 by Business and Professional People in the Public Interest.
The petition would amend Section 101.103(d) of the procedural
rules to add definition to what constitutes recycled paper.
Questions should be directed to Elizabeth Schroer Harvey at
312/814-6921.
FOR YOUR INFORMATION
FOR YOUR INFORMATION
DISMISSED NOISE COMPLAINT FILED BY CONDOMINIUM
OWNER AGAINST ASSOCIATION
On May 21, 1992, the Board dismissed a noise enforcement
action brought by an individual condominium owner against the
condominium association. (Nesbitt v. 100 Bellevue Place
Condominium Association, PCB 92-48.) The complaint alleged
that the condominium's air handling and air conditioning
equipment violated the Environmental Protection Act and Board
regulations. In dismissing the complaint, the Board noted that
the Act and regulations prohibit the emission of noise "beyond
the boundaries" of one's property so as to unreasonably interfere
with the enjoyment of life. The Board found that pursuant to the
Illinois Condominium Property Act, a single property includes the
individually owned units as well as the common elements of the
building. The Board held that noise which emanates from a com-
mon element to a unit remains within the confines of a single
property. Therefore, the air handling and air conditioning noise
did not emit beyond the boundaries of one property to another.
UPDATE TO ENVIRONMENTAL REGISTER MAILING LIST
The Board is updating the mailing list for the Environmental
Register. This is the second annual update of the mailing list for
the mailings of the Register. The Board desires to minimize the
impact of these mailings on our budget by assuring that only
those who desire to receive regular free copies of the Register
will appear on the list. If you would like to continue to receive it
after July 1, 1992, please fill out the address label located on the
bottom of the next to last page of this issue and return it to the
Board as soon as possible.
FINAL ACTIONS - MAY 21, 1992 BOARD MEETING
FINAL ACTIONS - MAY 21, 1992 BOARD MEETING
PCB 90-8
The City of Metropolis v. IEPA - The Board
granted the petitioner's motion to dismiss its permit appeal for its
Massac County facility.
PCB 90-200
Vito Zivoli and Stella Podczerwinski v.
Somebody's Bar and Restaurant and Progress Inc. II - The Board
found no violation of the noise pollution control provisions of the
Act and Board regulations and dismissed the complaint.
PCB 91-113
Department of the Army v. IEPA - The Board
granted the Department of the Army, Rock Island District, Corps
of Engineers a variance, with conditions, from the Water Quality
Standards Regulations.
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Environmental Register No. 4
Environmental Register No. 453
53
PCB 91-118
City of Braidwood v. IEPA - The Board
granted the City of Braidwood a variance, with conditions, from
the water regulations for its Will County facility.
PCB 91-136
Don Bolender v. Monticello Bus Service,
Wayne Kruger, President - The Board found no violation of the
noise pollution control provisions of the Act and Board
regulations and dismissed the petition.
PCB 91-176
M & D Flexographic Printers, Inc. v. IEPA -
The Board granted the petitioner's motion to dismiss the petition.
PCB 91-205
Fred M. Strube and Cynthia L. Strube v.
IEPA - The Board affirmed the Agency's determination that the
Strubes' cost of replacement of concrete was not a reimbursable
expense for the underground storage tank reimbursement for
their Peoria County facility.
PCB 92-18
Village of Glasford v. IEPA - The
Board granted the Village of Glasford's petition for variance, with
conditions, from the water pollution control regulations for its
Peoria County facility.
PCB 92-48
Bruce Nesbitt v. The 100 Bellevue
Place Condominium Association, and Illinois not-for-profit
corporation - The Board found that it had no jurisdiction in this
citizens' noise enforcement matter and granted Bellevue's motion
to dismiss.
PCB 92-73
Parkview Plaza Associates, Inc. v.
IEPA - The petition for review of an Agency underground storage
tank reimbursement determination was remanded to the Agency
as prematurely filed and the docket closed.
AC 92-16
IEPA v. Harold Hillebrenner - The Board
denied the motion to reconsider and to vacate the order of April
23, 1992 and granted a 30 day extension of the payment due
date.
AC 92-27
Logan County Health Department v.
Lincoln/Logan Landfill - the Board found Lincoln/Logan violated
Sections 21(o)(1), 21(o)(2), 21(o)(3), 21(o)(5), 21(o)(9), 21(o)(11),
and 21(12) and instructed it to pay $3,500 to the Director of
Financial Services, Logan County Health Department.
AC 92-28
Logan County Health Department v.
Lincoln/Logan Landfill - the Board found Lincoln/Logan violated
Sections 21(o)(1), 21(o)(2), 21(o)(3), 21(o)(5), 21(o)(9), 21(o)(11),
and 21(12) of the Act and instructed it to pay $3,500 to the
Director of Financial Services, Logan County Health Department.
AC 92-29
County of Ogle v. Richard Haan, Jr. - The
Board found that Richard Haan violated Sections 21(p)(1) and
21(p)(3) of the Act and instructed him to pay $1,000 to the Ogle
County Treasurer for his Ogle County facility.
AC 92-31
St. Clair County f. City of Centreville - The
Board found the City of Centreville violated Section 21(p)(1) of
the Act and instructed him to pay $500 to Paul Haas, County
Collector for its St. Clair County facility.
R89-15
In the Matter of: The Illinois Department of
Energy and Natural Resources Evaluation of Underground
Injection Control -The Board found many of DENR's suggested
regulatory changes moot and closed the docket.
NEW CASES - MAY 21, 1992 BOARD MEET
NEW CASES - MAY 21, 1992 BOARD MEETING
ING
PCB 92-48
Bruce Nesbitt v. The 100 Bellevue
Place Condominium Association, and Illinois not-for-profit
corporation - See Final Actions.
PCB 92-67
People of the State of Illinois v.
Escast, Inc. - This land pollution control enforcement complaint
was accepted for hearing.
PCB 92-68
People of the State of Illinois v.
Chem-Plate Industries, Inc. - This land pollution control
enforcement complaint was accepted for hearing.
PCB 92-69
People of the State of Illinois v.
Patterson Gear & Machine, Inc. - This land pollution control
enforcement complaint was accepted for hearing.
PCB 92-70
People of the State of Illinois v.
Union Carbide Industrial Gases, Inc. - This land pollution control
enforcement complaint was accepted for hearing.
PCB 92-71
People of the State of Illinois v.
Valspar Corporation - This land pollution control enforcement
complaint was accepted for hearing.
PCB 92-72
Adams Electrical Cooperative v.
IEPA - This underground storage tank reimbursement
determination appeal was accepted for hearing.
PCB 92-73
Parkview Plaza Associates, Inc. v.
IEPA - See Final Actions.
PCB 92-75
Estate of Larry Junkin, by Patricia
Junkin, Executrix v. IEPA - This underground storage tank
reimbursement determination appeal was accepted for hearing.
PCB 92-76
Meyer Steel Drum, Inc. v. IEPA -
This air permit appeal was accepted for hearing.
PCB 92-77
Village of Watage v. IEPA - The
Board granted the Village of Watage's Knox County facility a
provisional variance, with conditions, from the water pollution
control regulations to allow an opportunity for facility repairs.
R92-7
In the Matter of: Amendments to
35 Ill. Adm. Code 101.103(d) Regarding Recycled Paper - On
May 21, 1992, the Board accepted a petition from Business and
Professional People for the Public Interest that seeks to amend
the procedural rules relating to the use of recycled paper for
filings before the Board.
CALENDAR OF HEARINGS
CALENDAR OF HEARINGS
Environmental Register No. 453
Environmental Register No. 453
June 6, 1992/Page
June 6, 1992/Page 3
3
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.
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 90-146
N-E
Village of Matteson v. World Music Theatre, Jam Productions, Discovery South Group, Ltd. -
Village Hall, Village of Matteson, 3625 W. 215th St., Matteson.
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 Illinois
Corporation; and Amoco Oil Company - Fisher Village Hall, Council Chambers, 104 W. Front
St., Fisher.
June 10
10:30 a.m.
PCB 92-23
P-A
The Grigoleit Company v. EPA - Macon County Courthouse, Board of Supervisor's Room, 253
E. Wood St., Decatur.
June 11
9:00 a.m.
PCB 92-53
UST-FRD
Martin Oil Marketing #64/Chicago v. EPA - State of Illinois Center, Suite 11-500, 100 W.
Randolph St., Chicago.
June 11
10:00 a.m.
PCB 92-23
P-A
The Grigoleit Company v. EPA - Macon County Courthouse, Board of Supervisor's Room, 253
E. Wood St., Decatur.
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 11
12:00 p.m.
PCB 91-183
N-E
Thomas J. Sneed and Barbara A. Sneed v. Frank Farrar, First Bank & Trust Company -
Alexander County Courthouse, Small Courtroom, 2000 Washington St., Cairo.
June 15
10:00 a.m.
PCB 92-55
L-S-R
Stephen A. Smith, d/b/a ABC Sanitary Hauling, et al. v. City of Champaign, Illinois -
Champaign City Hall, Council Chambers, 102 N. Neil St., Champaign.
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 Transportation, 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
9:30 a.m.
PCB 91-67
P-A
Manville Sales Corporation v. EPA - Will County Courthouse, 14 W. Jefferson St. (see Room
439), Joliet.
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 25
1:00 p.m.
PCB 91-221
UST-FRD
Manito/Waddell Airport v. EPA - Mason County Courthouse, Havana.
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 29
9:30 a.m.
AS 92-2
AS
In the Matter of: Petition of We-Shred-It., Inc. for Adjusted Standard from 35 Ill. Adm. Code
Part 848, Management of Used and Waste Tires - Pana City Hall, City Council Chambers,
123 E. 3rd St., Pana.
June 29
AS 91-3
In the Matter of: Petition of Peoria Disposal Company for Adjusted Standard from 35 Ill. Adm.
Page
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4/ June 3, 1992
/ June 3, 1992
Environmental Register No. 4
Environmental Register No. 453
53
10:00 a.m.
AS
Code 721, Subpart D - Peoria County Courthouse, Room 403, 324 Main Street, Peoria.
June 29
10:00 a.m.
PCB 91-10
W-V
Amoco Oil Company (Creve Coeur Terminal) v. EPA - McKenzie Building, Tazewell County
Board Room, 3rd Floor, Pekin.
June 29
10:00 a.m.
PCB 92-62
UST-FRD
Galesburg Cottage Hospital v. EPA - Knox County Courthouse, County Board Room, 200 S.
Cherry St., Galesburg.
June 30
10:00 a.m.
PCB 91-10
W-V
Amoco Oil Company Creve Coeur Terminal) v. EPA - McKenzie Building, Tazewell County
Board Room, 3rd Floor, Pekin.
June 30
10:00 a.m.
PCB 92-26
A&N-E
Dale Dettlaff and Deborah Dettlaff v. Mr. Eduardo 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 8
10:00 a.m.
PCB 91-52
P-A
Atwood Industries, Inc. v. EPA - Stockton Public Library, 140 W. Benton St., Stockton,
July 9
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 2-025, Chicago.
July 10
10:00 a.m.
AC 92-5
AC
EPA v. Ronald D. And Retha M. Rawe - Greene County Courthouse, Carrollton.
July 10
10:00 a.m.
PCB 91-18
P-A
Illinois Central Railroad (Centralia Facility) v. EPA - City Council Chambers, Second Floor,
222 S. Poplar St., Centralia.
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 Transportation, Packaging, and Labelling - State of Illinois Center,
Room 2-025, 100 E. Randolph St., Chicago.
July 17
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.
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 20
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.
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 23
10:00 a.m.
AC 91-32
AC
County of Ogle v. Rochelle Disposal Services, Inc. - Ogle County Courthouse, State's
Attorney's Conference Room, 4th and Washington Streets, Oregon.
July 30
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
August 3
10:00 a.m.
PCB 91-237
P-A
Laidlaw Environmental Services of Illinois, Inc. (Operating Permit) v. EPA - Rockford Public
Library, Room C, Lower Level, 215 N. Wyman St., Rockford.
August 3
10:00 a.m.
PCB 91-238
P-A
Laidlaw Environmental Services of Illinois, Inc. (Supplemental Permit) v. EPA - Rockford
Public Library, Room C, Lower Level, 215 N. Wyman St., Rockford.
August 13
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
Environmental Register No. 453
Environmental Register No. 453
June 6, 1992/Page
June 6, 1992/Page 5
5
August 19
9:30 a.m.
PCB 90-89
SWH-E
EPA v. Fred Johnson, Johnson & Briggs Tank Truck Service a/k/a Johnson & Briggs Tank
Truck & Heater Service (Consolidated with PCB 91-123) - Edwards County Courthouse, 50 E.
Main St., Albion.
August 27
9:30 a.m.
PCB 91-38
P-A
American Waste Processing, Ltd. v. EPA - State of Illinois Center, Suite 11-500, 100 W.
Randolph St., Chicago.
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 23
10:00 a.m.
AS 91-11
AS
In the Matter of the 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 - Belleville City Hall, Council Chambers, 10 S. Illinois St., Belleville.
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.
September 30
10:00 a.m.
AS 91-12
AS
In the Matter of: Petition of the 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.
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
Page
Page 6
6/ June 3, 1992
/ June 3, 1992
Environmental Register No. 4
Environmental Register No. 453
53
UST-FRD
Underground Storage Tank Fund Reimbursement Determination
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For additional information on electronic copies of the landfill regulations or for subscriptions to Board opinions and orders,
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Illinois Pollution Control Board
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Printed by Authority of the State of Illinois, June 3, 1992, 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
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.
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