9209-456.PDF

INFORMATION SERVICES AVAILABLE FROM THE BOARD
WATERWAYS CRUISE AND ENVIRONMENTAL WORKSHOP

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NVIRONMENTAL

EGISTER

Illinois Pollution Control Board News

No. 456

September 2, 1992

PCB LEGISLATIVE REPORT:

LATE LEGISLATION ELIMINATES THE EcIS

For years a fixture of Board rulemaking, the "EcIS" (Economic

Impact Study) is no more. In one of the closing surprises of the

recently-concluded legislative session, the General Assembly

passed, and Governor Edgar speedily signed, an omnibus bill

(Senate Bill 1783) containing a provision (Section 70) that

effectively eliminates the EcIS as a factor in rulemaking. The

new law, Public Act 87-860, was signed and effective July 1,

1992.

The demise of the EcIS began in 1987 with the release of the

"Schneiderman Report", an analysis of the State's environmental

regulatory system undertaken at the direction of Governor

Thompson following criticisms leveled at the Illinois

environmental regulatory system by the USEPA and others.

That report identified the then-mandatory EcIS requirement as a

major cause of delay in promulgating environmental regulations.

Following release of the report, the Board and the Governor's

Office began working with the General Assembly on fashioning

statutory reforms to correct the problems. These efforts led to

adoption of SB 1834 (PA 85-1048), which,

inter alia

, stripped

away the mandatory EcIS requirement. Since PA 85-1048 took

effect, the Board has rarely (in fewer than 10% of the cases)

opted to require an EcIS. Over the last few years, the Board and

others advocated elimination of the remaining EcIS formalisms

as not being cost-effective. The Board did not, however,

specifically address SB 1783.

Readers are cautioned that the end of the EcIS does NOT

mean that economic impact information is no longer important to

environmental rulemaking. Rather, the law as amended

continues to require the Board to consider the economic impact

of proposed rules. With the EcIS gone, other interested persons

must themselves provide the Board with the economic

information at their disposal. The statute still provides that a

proponent must provide information "to the extent reasonably

practicable" on the economic impact of the rule as part of the

regulatory proposal. For additional information on recent

legislation contact Phil Van Ness (312) 814-3620.

This is the first of a series of special reports describing Illinois

legislative developments and their prospective impact on Board

operations.

RULEMAKING UPDATE

GROUNDWATER QUALITY STANDARDS PROPOSED FOR

SECOND NOTICE, R89-14(C)

On July 9, 1992, the Board proposed certain amendments for

Second Notice that would complete the overall groundwater

quality standards. The Board adopted the primary rulemaking in

November, 1991, in R89-14(B). At that time, the Board severed

the issue of how to deal with the connection between the

groundwater quality standards, codified at 35 Ill. Adm. Code 620,

and the water pollution control standards of Subtitle C.

The proposed rule would distinguish between "underground

water" (all water beneath the land surface) and "groundwater"

(that occurring in the saturated zone in geologic materials where

the hydrostatic pressure is equal to or greater than atmospheric

pressure). It would render the general use and public and food

processing water standards of Subtitle C inapplicable to

underground waters except as specifically stated in the

groundwater quality standards. The amended groundwater

quality rules would state that these Subtitle C regulations apply

on a limited basis to the groundwater beneath certain refuse

1992 WATERWAYS CRUISE AND ENVIRONMENTAL WORKSHOP

This year's Waterways Cruise and Environmental Workshop, sponsored by Eileen L. Johnston, is scheduled

for Saturday, September 26, 1992. See inside for additional information and a form for making reservations.

INFORMATION SERVICES AVAILABLE FROM THE BOARD

See the inside of the last page of this issue for details on informational items available from the

Board. These items include a subscription service for Board opinions and orders and copies of the landfill

regulations in electronic format.

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Environmental Register No. 456

Printed on Recycled Paper

disposal areas and coal preparation plants under certain

circumstances. For further information contact Michelle Dresdow

at (815) 753-0947. (Refer to docket number R91-28.)

GENERAL MOTORS SITE-SPECIFIC CARBON MONOXIDE

RULE PROPOSED FOR SECOND NOTICE, R90-23

On August 13, 1992, the Board proposed for Second Notice a

site-specific rule for carbon monoxide emissions for General

Motors' ferrous foundries in Vermillion County. The proposed

rule would impose a CO limitation of 2,000 ppm on emissions.

The present state-wide standard is 200 ppm. The proposed site-

specific rule remained substantively unchanged from First Notice.

For further information contact Diane O'Neill at (212) 814-6062.

(Refer to docket number R91-28.)

EXPANSION OF THE CHICAGO METROPOLITAN RACT

AREA ADOPTED, R91-28

On August 13, 1992, the Board adopted regulations that

expand the geographical applicability of reasonably available

control technology (RACT) regulations to certain stationary

sources of volatile organic material (VOM). The geographical

area was expanded to include Goose Lake and Aux Sable

Townships in Grundy County, Illinois, and to Oswego Township

in Kendall County, Illinois. On July 25, 1991, the Board adopted

revisions to the State implementation plan (SIP) to make it

consistent with the existing Federal implementation plan (FIP)

(Board docket R91-8). The revised SIP contains a complete set

of RACT regulations applying to stationary VOM sources located

in the six Chicago area counties of Cook, Lake, DuPage, Kane,

McHenry, and Will. However, the RACT regulations did not

include Aux Sable and Goose Lake Townships in Grundy County

and Oswego Township in Kendall County. Because these

townships have now been included within the Chicago

Metropolitan Statistical Area boundaries designated by USEPA

as nonattainment for ozone, they also must be included in the

SIP.

Pursuant to a provision of the Clean Air Act Amendments

(CAAA) (42 USC §7511a(c) and a(b)(2)), Illinois is to submit

regulations changing the applicability of parts 215 and 218 as a

revision to its SIP by November 15, 1992. Completion of the

R91-28 rulemaking fulfills the Board's role in the SIP revision

process, and the Agency is now free to fulfill the federal

requirement by submitting this to USEPA as part of a SIP

revision package. For further information contact Michelle

Dresdow at (815) 753-0947. (Refer to docket number R91-28.)

STAGE II GASOLINE VAPOR RECOVERY RULES ADOPTED,

R91-30

On August 13, 1992, the Board adopted regulations requiring

the installation and operation of Stage II systems for the recovery

of gasoline vapor emissions released during the fueling of motor

vehicles. These amendments are directed at both of Illinois'

ozone non-attainment areas: the Chicago metropolitan area

(Cook, DuPage, Kane, Lake, McHenry, and Will Counties, as

well as Oswego township in Kendall County and Aux Sable and

Goose Lake Townships in Grundy County, included in the R91-

28 rulemaking also adopted on August 13) and the Metro-East

area (Madison, Monroe, and St. Clair Counties). Every gasoline

existing gasoline dispensing facility that dispenses an average of

10,000 gallons of gasoline per month or more must comply with

the new rules at different times between May 1, 1993 and

November 1, 1994, depending on when the facility was

constructed and the volume of gasoline it dispenses. Facilities

that will claim an exemption from compliance on or before May 1,

1993 must file supporting records within 30 days of an Agency

request. The rules impose certain other training, notice, permit,

recordkeeping and reporting requirements.

Pursuant to Section 182(b)(3) of the Clean Air Act, as

amended in 1990 (CAAA), Illinois is to submit these regulations

as a revision to its state implementation plan (SIP) by November

15, 1992. Completion of the R91-30 rulemaking fulfills the

Board's role in the SIP revision process, and the Agency is now

free to fulfill the federal requirement by submitting this to USEPA

as part of a SIP revision package. For further information contact

Michelle Dresdow at (815) 753-0947. (Refer to docket number

R91-28.)

DEFINITIONS OF VOM AMENDED TO EXTEND EXEMPTIONS

FOR NEGLIGIBLY-REACTIVE COMPOUNDS THROUGHOUT

ILLINOIS, R91-24

On July 30, 1992, the Board adopted identical-in-substance

rules that will extend the exemptions from the definition of

volatile organic material (VOM) previously adopted on September

12, 1991, in R91-10, so that they will apply throughout the entire

state. In the time between when the Board proposed the R91-10

amendments and when it adopted them, the Board added two

new Parts to its volatile organic emissions control regulations.

Part 218 specifically regulates the Chicago metropolitan area and

Part 219 regulated the Metropolitan East St. Louis area. Both

parts are independent of Parts 211 and 215 and include their

own definitions, which now regulate all other areas of the state.

R91-24 harmonizes the regulations for the entire state by

amending Parts 218 and 219 so that they reference Part 211 for

the definition of "volatile organic material". Also amended to

harmonize with the legislative mandate that the Board adopt the

federal exemptions of negligibly-reactive compounds by identical-

in-substance rulemaking was Part 203. Part 203 includes a

definition of "volatile organic compound", which is essentially

synonymous with VOM for the purposes of permitting. The Part

203 definition now also references the Part 211 definition.

In the time since the Board adopted R91-10, USEPA has

codified its former "Recommended Policy on the Control of

Volatile Organic Compounds" into a definition in its regulations.

The Board amended the Part 215 requirement for testing and

monitoring for exempted compounds adopted in R91-10 so the

language more closely follows the new federal definition.

Further, Parts 218 and 219 now reference this testing and

monitoring requirement. For additional information contact

Michael J. McCambridge at (312) 814-6924. (Refer to docket

number R91-24.)

Environmental Register No. 456

September 2, 1992/Page

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THREE IDENTICAL-IN-SUBSTANCE DOCKETS DISMISSED,

R92-11, R92-14 & R92-15

On August 13, 1992, the Board dismissed three dockets

reserved for identical-in-substance rulemakings. The three

dockets were reserved to accommodate USEPA revisions to its

UST (R92-11), wastewater pretreatment (R92-14), and clean air-

ozone definition of volatile organic compound (VOC or VOM)

definition programs during the period from January 1 through

June 30, 1992. USEPA did not amend its programs during this

period in any ways not already covered by earlier Board

rulemakings. For further information contact Morton Dorothy at

(217) 333-5575 (for information on docket R92-11) Michael J.

McCambridge at (312) 814-6924 (for information on dockets

R92-14 or R92-15).

CABOT CORP. UIC SITE-SPECIFIC RULEMAKING PETITION

DISMISSED, R92-16

On August 13, 1992, the Board dismissed a petition for site-

specific rulemaking filed by Cabot Corp. The Cabot Cab-O-Sil

Div. filed the petition on August 3, 1992 seeking a site-specific

rule or, in the alternative, an adjusted standard. Cabot seeks a

"no migration" exemption from the restrictions on underground

injection of hazardous wastes at its Tuscola (Douglas County)

facility. USEPA published notices of action on these wells in the

Federal Register in 1990 and 1991. Initially believing these

federal actions to be rulemakings, the Board initially docketed the

Cabot petition as a rulemaking for identical-in-substance

proceedings. Subsequent examination has revealed that the

federal actions were not rules. Therefore, an adjusted standard,

rather than an identical-in-substance rule, is the appropriate route

for regulatory relief for Cabot Corp. The Board dismissed the

rulemaking docket and docketed the petition as an adjusted

standard under docket number AS 92-8. For further information

contact Morton Dorothy at (217) 333-5575. (Refer to docket

R92-16.)

APPEAL UPDATE

FIRST DISTRICT REVERSES DENIAL OF MEDICAL WASTE

INCINERATOR SITING APPROVAL IN HARVEY

On March 19, 1992, the First District reversed the Board's

decision in Industrial Fuels & Resources/Illinois, Inc. v. City of

Harvey (Dec. 20, 1992), PCB 90-53, 117 PCB 79, a regional

pollution control facility siting appeal case. The Board had

affirmed the denial of siting approval by a vote of five to two. In

Industrial Fuels & Resources/Illinois, Inc. v. PCB 227 Ill. App. 3d

533, 592 N.E.2d 148 (1st Dist. 1992), the court held that the

Board erred when it affirmed the City of Harvey's denial of siting

approval for the proposed waste solvent/fuel blending and

medical waste incinerator facility.

The court said that the Board's conclusion that the evidence of

future need was speculative was against the manifest weight of

the evidence. The court stated that "there will always be some

element of projection or estimation when anticipating the growing

waste needs of an area." Also against the manifest weight of the

evidence was the Board's concurrence in Harvey's conclusion as

to public safety aspects of the proposed design for the facility.

The court found no evidence in the record of flaws in the design

that would threaten public health, safety, and welfare. Rather,

the court found that Industrial Fuels had attempted to answer all

cited informational deficiencies in this regard, and in so doing

had "met its burden of establishing that it had minimized the

danger of operational accidents." Finally, the court held that the

Board erred when it upheld the City of Harvey's conclusions that

the emergency preparedness and response plan was deficient. It

found that Industrial Fuel's emergency response plan properly

designated persons responsible for emergency responses, set

forth on-site notification systems, described evacuation and

emergency assistance procedures, and described employee

training for emergency response.

The court reversed the decisions of the Board and the City of

Harvey and held that the site location "shall be considered

approved under section 39(c) of the Act". It remanded the matter

to the Board. On June 23, 1992, the Board issued an order citing

the court's opinion and stating that Industrial Fuels can now

submit permit applications to the Agency for the proposed

Harvey facility.

FIRST DISTRICT AFFIRMS BOARD DENIAL OF

REVOCATION OF POLLUTION CONTROL FACILITY

CERTIFICATION

In Reed-Custer Community Unit School District No. 255-U v.

PCB (1st Dist. July 27, 1992), No. 1-90-2803, the First District

appellate court upheld the Board's denial of the petition to revoke

pollution control facility certification in Reed-Custer Community

Unit School District No. 255-U v. Commonwealth Edison Co.

(Aug. 30, 1990), PCB 87-209, 114 PCB 743. The Reed-Custer

School District sought to revoke the real estate tax pollution

control facility certification obtained by Commonwealth Edison in

1986 for a 2,537 acre cooling pond at its Braidwood Nuclear

Power Station. The Will County pond is within the District area.

The District petitioned the Board as a third party, alleging

misrepresentation by Commonwealth Edison in obtaining the

certification. In support of its allegations the District argued that

the pond was used to cool water for productive purposes, and it

was not used for pollution control. Thus, the District argued that

the assertions in the application for certification were not true.

After a public hearing, the Board held that the District had failed

to demonstrate misrepresentation and denied the petition.

The appellate court held that the Board properly limited its

review to the issue of misrepresentation by not reviewing the

issue of whether the facility is a pollution control facility. The

court held that the District could not "bootstrap" its argument to

obtain review of the pollution control facility status of the pond.

Once a facility is certified, subsequent review is limited to the

grounds set forth in Section 21a-2 of the Revenue Act.

Therefore, the statements in the application were to be reviewed

by assessing whether Commonwealth Edison answered the

questions asked and whether the answers given were accurate.

The court's role is to review the Board's factual findings on the

misrepresentation issue. The court held that the manifest weight

of the evidence supported the Board's decision and affirmed.

FOR YOUR INFORMATION

MOTIONS FOR RECONSIDERATION MAY BE NECESSARY

TO PERFECT APPEAL

On July 17, 1992, the Attorney General, on behalf of the Board

and the IEPA, filed a motion to dismiss the petition for review in

Strube v. Pollution Control Board (3-92-0468). The motion to

dismiss is based on the Illinois Supreme Court's decision in

Casteneda v. Illinois Human Rights Commission (1989), 132 Ill.

2d 304, 547 N.E.2d 437 where the court held that the failure to

file a motion for reconsideration amounted to a failure to exhaust

administrative remedies. The Board and the IEPA contend,

based on Casteneda, that a motion for reconsideration must be

filed with the Board in order to perfect an appeal to the appellate

court. The motion to dismiss is still pending in the Third District

Appellate Court. When the court issues a decision on the

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Environmental Register No. 456

motion, an item will appear in the

Environmental Register

SUMMARY JUDGMENT DENIED AS TO WATER AND LAND

POLLUTION COUNTS AND COUNTS ALLEGING UST RULES

VIOLATIONS DISMISSED IN ENFORCEMENT ACTION

AGAINST FORMER LANDOWNER FOR PAST

UNDERGROUND GASOLINE STORAGE TANK LEAKS, PCB

92-33

On July 30, 1992, the Board denied summary judgment, struck

portions of two counts, and dismissed two counts of a complaint

involving leaks of underground storage tanks discovered in 1970

and 1971. In Mandel v. Kulpaka (July 30, 1992), PCB 92-33, the

present owner of a site filed a complaint against his predecessor-

in-interest for leaks discovered by the predecessor in 1970 and

1971. The predecessor discovered gasoline leaks from one tank

in 1970 and replaced that tank. He ceased using the site for

gasoline storage and used it exclusively for another business

since 1971, when he discovered leaks from a second tank. He

sold the business and leased the site to the complainant in 1982

and sold the site to him in 1987. The complainant discovered

that gasoline had leaked from the tanks when he attempted to

remove them in 1991.

The complaint claimed that the predecessor-in-interest had

caused water pollution (Count I), land pollution (Counts II and

III), and violated certain notification and corrective action

requirements of the Board's underground storage tank rules

(Counts IV and V). The predecessor-in-interest sought summary

judgment on or dismissal of each count of the complaint. The

predecessor argued,

inter alia

, that the complaint was deficient

on its face and that it constituted an attempt at private cost

recovery--an action more appropriately heard in contract law and

before a court of law.

The Board reviewed the complaint and the pleadings and

granted relief in part and denied it in part. It held that summary

judgment was inappropriate in this instance, due to the lack of

supporting affidavits. The Board then held that a complaint is not

inappropriate where it clearly sets forth facts that would

constitute a violation of the Act and it requests relief within the

Board's power to grant--notwithstanding the concurrent

jurisdiction of a court. The

Board struck those portions of the water and land pollution

counts (Counts I and II) that alleged violations of statements of

legislative purpose. The Board held that the water and land

pollution counts (Counts I through III) were sufficient because if

the allegations were proven a finding of violation was possible.

The Board noted that the UST rules involved in the complaint

(Counts IV and V) became effective in 1989, two years after the

predecessor-in-interest sold the property. The Board held that

any application of these rules against the predecessor would

constitute impermissible retroactive application, so the Board

dismissed these counts.

UPDATE TO ENVIRONMENTAL REGISTER MAILING LIST

The Board is updating the mailing list for the Environmental

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,

please fill out the address label located on the next to last page

of this issue and return it to the Board as soon as possible.

FINAL ACTIONS

FINAL ACTIONS - JULY 9, 1992 BOARD

- JULY 9, 1992 BOARD

MEETING

PCB 90-198

Commonwealth Edison Co. v. IEPA - The Board

granted Commonwealth Edison's motion to withdraw its petition

for review of the NPDES permit for its Lake County facility.

PCB 91-193

People of the State of Illinois v. Park Crematory,

Inc. - The Board found Park Crematory's Cook County facility

violated Sections 9(a) and 9(b) of the Act as well as Section

201.142 and 201.143 of the Board's air pollution control

regulations. The Board imposed a penalty of $9,000 payable to

the Environmental Protection Trust Fund. Board Member J.

Anderson abstained.

PCB 91-250

Pekin Energy Co. v. IEPA - The Board granted

Pekin Energy Company's motion to withdraw its air permit appeal

for its Tazewell County facility.

PCB 92-28

CSX Transportation v. IEPA - The Board granted

CSX's motion to dismiss its appeal of the Agency's underground

storage tank fund determination relating to its Cook County

facility.

PCB 92-42

Burwell Oil Service, Inc. v. IEPA - The Board

found that Burwell Oil Service, Inc. had constructive knowledge

of the release of petroleum at its Sangamon County facility and

upheld the Agency's imposition of a $50,000 deductible on

Burwell's claim against the UST reimbursement fund. Board

Members B. Forcade and R.C. Flemal dissented.

PCB 92-43

Safety-Kleen Corp. v. IEPA - The Board granted

Safety-Kleen's motion to withdraw its air permit appeal for its

Cook County facility.

PCB 92-49

Bernard Miller v. IEPA - The Board reversed the

CORRECTION

Issue no. 455, July 8, 1992 listed no final

Board combined sewer overflow determinations

during fiscal year 1992 (July 1, 1991 through June

30, 1992). On February 5, 1987 in docket PCB 86-

3 the Board granted the City of Oglesby a

temporary exception that was to expire on March 1,

1990 unless the City did not file an amended

petition prior to that date. The Board closed the

docket on June 7, 1990 and the City moved for

reconsideration. A Board supplemental order of

November 29, 1990 granted the City an extension

of its exception that was to expire February 3, 1991

unless the City filed an amended petition before

that date. The City filed an amended petition on

February 4, 1991, and the Board granted the City a

permanent combined sewer overflow exception by

its opinion and order of February 6, 1992 in R86-3.

Environmental Register No. 456

September 2, 1992/Page

September 2, 1992/Page 5

Agency determination that $2,741.05 in tank removal cost is not

reimbursable and remanded this underground

storage tank reimbursement appeal for Bernard Miller's Jasper

County facility to the Agency for disbursement of funds.

AC 92-39

County of Jackson v. Leslie Norman Fred, Sr.,

d/b/a Murphysboro/Norman Fred Trucking - The Board found

respondent violated Section 21(p)(1) of the Act and imposed a

fine of $500.00 payable to the Jackson County Treasurer.

PCB 92-100

United States Postal Service v. IEPA - Upon

receipt of an Agency recommendation, the Board granted a

provisional variance that will allow the Postal Service to

accumulate hazardous waste at its Cook County facility for an

additional 30 days beyond the 90 days allowed by the RCRA

regulations.

R89-14(C)

In the Matter of: Groundwater Quality Standards:

Amendments to 35 Ill. Adm. Code 303, 616 and 620 - See

Rulemaking Update.

NEW CASES

NEW CASES - JULY 9, 1992 BOARD MEETING

- JULY 9, 1992 BOARD MEETING

PCB 92-94

Marsco Manufacturing Co. v. IEPA - The Board

accepted a petition for hearing seeking review of the air permit

for a Cook County facility.

PCB 92-95

People of the State of Illinois v. Simplex, Inc. - Air

enforcement action against a Sangamon County facility.

PCB 92-96

City of Trenton v. IEPA - (Water pollution control

provisional variance) See Final Actions for June 26, 1992

(

Register

issue no. 455, July 8, 1992).

PCB 92-97

City of Marion v. IEPA - (Water pollution control

provisional variance) See Final Actions for June 26, 1992

(

Register

issue no. 455, July 8, 1992).

PCB 92-98

Reichhold Chemicals, Inc. v. IEPA - The Board

accepted a petition for hearing seeking review of Agency denial

of reimbursement from Underground Storage Tank Fund for a

Cook County facility. Board Member B. Forcade dissented.

PCB 92-99

A.B. Dick Company v. IEPA - The Board accepted

a petition for hearing seeking review of Agency denial of

reimbursement from Underground Storage Tank Fund for a Cook

County facility. Board Member B. Forcade dissented.

PCB 92-100

United States Postal Service v. IEPA - See Final

Actions.

FINAL ACTIONS

FINAL ACTIONS - JULY 30, 1992 BOARD MEETING

- JULY 30, 1992 BOARD MEETING

PCB 89-169

John Zarlenga and Jean Zarlenga v. Partnership

Concepts, Howard Edison, Bruce McClaren, Cove Development

Company, Thomas O'Brien, Bloomingdale Partners, and Illinois

Limited Partnership and Gary Laden - The Board granted

respondents' motion to amend its February 27, 1992 Order,

ordered respondent to furnish information of a proposed plan for

compliance and ordered respondent to cease and desist from

further violations of Section 24 of the Act and 35 Ill. Adm. Code

900.102 no later than one year from the date of this Order in this

citizens' noise enforcement action involving the respondents'

DuPage County facility.

PCB 90-201

David L. Dravis and Margo Dravis v. M & D AG,

Jerry McGinn and Bert Davis - The Board accepted the

Settlement Agreement in this citizens' noise enforcement case

involving the M & D AG Whiteside County facility. No penalty to

is to be paid.

PCB 91-196

Safety-Kleen Corp. v. IEPA - The Board granted

petitioners' motion for voluntary withdrawal of it RCRA permit

appeal for its Cook County facility.

PCB 91-243

Smith Oil Company of Kankakee v. IEPA - The

Board reversed the Agency's determination that Smith Oil is

ineligible for reimbursement from the Underground Storage Tank

Fund for its Will County facility.

PCB 92-36

City of Lake Forest v. IEPA - The Board granted

reconsideration but affirmed its order of June 23, 1992 in this

underground storage tank fund reimbursement appeal involving

Lake Forest's Lake County facility. Board Member Joan

Anderson dissented.

PCB 92-113

Indian Refining Limited Partnership v. IEPA -

Upon receipt of an Agency recommendation, the Board granted a

provisional variance that will allow Indian Refining to accumulate

hazardous waste at its Lawrence County facility for an additional

30 days beyond the 90 days allowed by the RCRA regulations.

PCB 92-114

Waste Management of Illinois v. IEPA - Upon

receipt of an Agency recommendation, the Board granted a

provisional variance that will allow Waste Management to

accumulate hazardous waste at its Cook County facility for an

additional 30 days beyond the 90 days allowed by the RCRA

regulations.

PCB 92-115

Century Resources, Inc. v. IEPA - Upon receipt of

an Agency recommendation, the Board granted a provisional

variance that will allow Century Resources to accumulate

hazardous waste at its Cook County facility for an additional 30

days beyond the 90 days allowed by the RCRA regulations.

PCB 92-116

R.D.T. Industries v. IEPA - Upon receipt of an

Agency recommendation, the Board granted a provisional

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Environmental Register No. 456

variance that will allow R.D.T. to accumulate hazardous waste at

its Cook County facility for an additional 30 days beyond the 90

days allowed by the RCRA regulations.

AC 92-35

Sangamon County v. Capitol Bank and Trust

Company of Springfield, n/k/a Magna Bank of Central Illinois,

N.A., as Trustee under the provisions of the Trust Agreement

dated the 1st day of August, 1979, known as trust number TLT-

423; Fred E. Widger; and Kim Boggs - The Board accepted the

Settlement Agreement and ordered a civil penalty of $500 be

paid to the Sangamon County Department of Public Health.

AC 92-40

County of Jackson v. David Futrell - The Board

found respondent violated Section 21(p)(1) of the Act and

imposed a penalty of $500 payable to the Jackson County

Treasurer.

AC 92-42

IEPA v. Robert D. Wright - The Board found

respondent violated Section 21(p)(1) of the Act and imposed a

penalty of $500 payable to the Environmental Protection Trust

Fund for its Saline County facility.

AC 92-43

Sangamon County v. Illinois National Bank of

Springfield, n/k/a First of America Bank, Springfield as Trustee

Under Trust No. 13-04439-00; Robert Goldsberry and Nancy

Goldsberry - The Board found respondent violated Section

21(p)(1) of the Act and imposed a penalty of $500 payable to the

Sangamon County Public Health Department.

AC 92-44

IEPA v. H/L Disposal Company d/b/a Brickyard

Disposal and Recycling, Inc. - The Board found respondent

violated Section 21(o)(5) and 21(o)(9) of the Act and imposed a

penalty of $1,000 payable to the Environmental Protection Trust

Fund for its Vermilion County facility.

AC 92-46

St. Clair County v. Larry Esterlen - The Board

found respondent violated Section 21(p)(1) of the Act and

imposed a penalty of $500 payable to the Landfill Citation Fund

for his St. Clair County facility.

AC 92-47

IEPA v. Donald Sickles - The Board found

respondent violated Section 21(p)(1) of the Act and imposed a

penalty of $500 payable to the Environmental Protection Trust

Fund for his Warren County facility.

AC 92-49

Logan County Health Department v.

Lincoln/Logan Landfill, Inc. - The Board found respondent

violated Sections 21(o)(1), 21(o)(3), 21(o)(5), 21(o)(9), 21(o)(11)

and 21(l)(12) of the Act and imposed a $3,000 penalty payable to

the Logan County Health Department.

R91-24

In the Matter of: Exemptions from the Definition

of VOM - See Rulemaking Update.

NEW CASES

NEW CASES - JULY 30, 1992 BOARD MEETING

- JULY 30, 1992 BOARD MEETING

PCB 92-80

Lake County Forest Preserve District v. Neil Ostro,

Janet Ostro, and Bill Foot Enterprises - This land pollution control

enforcement matter involving a Lake County site was accepted

for hearing.

PCB 92-81

James Lynch v. IEPA - This underground storage

tank reimbursement appeal involving a Macoupin County facility

was accepted for hearing.

PCB 92-101

Shell Oil Company v. IEPA - This air permit

appeal involving a Madison County facility was accepted for

hearing.

PCB 92-102

Moline/Dutchway Dry Cleaners v. IEPA - This

underground storage tank reimbursement appeal involving a

Rock Island County facility was accepted for hearing.

PCB 92-103

City of Freeport v. IEPA - This underground

storage tank reimbursement appeal involving a Stephenson

County facility was accepted for hearing.

PCB 92-104

Roger Malkey, d/b/a Malkey's Mufflers v. IEPA -

This underground storage tank reimbursement appeal involving a

LaSalle County facility was accepted for hearing.

PCB 92-105

Weyerhauser Co. v. IEPA - This underground

storage tank reimbursement appeal involving a Cook County

facility was accepted for hearing.

PCB 92-106

American Fly Ash Company v. IEPA - This air

permit appeal involving Tazewell, Will, and Lake County facilities

was accepted for hearing.

PCB 92-107

Department of the Army, U.S. Army Engineer

District, Rock Island v. IEPA - (Water pollution control variance

petition involving a Rock Island County facility.)

PCB 92-108

The OK Trucking Company v. IEPA - This

underground storage tank reimbursement appeal involving a

Cook County facility was accepted for hearing.

PCB 92-109

Archer Daniels Midland Company v. IEPA - This

air permit appeal involving a Macon County facility was accepted

for hearing.

PCB 92-110

In the Matter of Trade Secret Claim by the

Grigoleit Co. - (Trade secrets claim.)

PCB 92-111

Russell L. Bacon v. IEPA - This underground

storage tank reimbursement appeal involving a McLean County

facility was accepted for hearing.

PCB 92-112

James River Paper Company, Inc. v. IEPA - This

air permit appeal involving a DuPage County facility was

accepted for hearing.

PCB 92-113

Indian Refining Limited Partnership v. IEPA - See

Final Actions.

PCB 92-114

Waste Management of Illinois v. IEPA - See Final

Actions.

R92-9

R88-26 Safe Drinking Water Act Phase I

Corrections Docket - Reserved Docket.

Environmental Register No. 456

September 2, 1992/Page

September 2, 1992/Page 7

FINAL ACTIONS

FINAL ACTIONS - AUGUST 13, 1992 BOARD MEETING

- AUGUST 13, 1992 BOARD MEETING

PCB 90-63

IEPA v. City of East Moline - The Board accepted

the stipulation and settlement agreement executed by the parties

in this water pollution control enforcement action relating to the

City's Rock Island County wastewater treatment facility. The

respondent neither admitted nor denied alleged violations but

agreed to pay civil penalties of $7,500 designated to the

Environmental Protection Trust Fund.

PCB 90-161

IEPA v. Columbia Quarry Company - The Board

accepted the stipulation and settlement agreement executed by

the parties in this air pollution control enforcement action relating

to the Quarry's St Clair and Monroe County facilities. The

respondent neither admitted nor denied alleged violations but

agreed to pay civil penalties of $5,000 designated to the

Environmental Protection Trust Fund.

PCB 91-153

Clyde R. Dace v. D. Kohlhase and Fox River

Grove Fire Protection District - The Board found that D. Kohlhase

and the Fox River Grove First Protection District did not violate

Section 23 of the Environmental Protection Act and dismissed

this their citizens' noise pollution complaint involving the

respondent's McHenry County facility. Board Member J.

Theodore Meyer concurred.

PCB 92-50

Lawrence Brothers, Inc. v. IEPA - The Board

granted the petitioner's motion to dismiss its petition for an air

variance for its Whiteside County facility.

PCB 92-53

Martin Oil Marketing #64 v. IEPA - In this

underground storage tank reimbursement appeal, the Board

affirmed the Agency's denial of reimbursement of $27,043.50 for

concrete replacement (because it is not a corrective action),

$150.00 for expenses incurred prior to notification of ESDA,

$16,139.56 in undocumented costs, $51.74 for costs double

billed, and $19,519.84 for costs associated with the removal of

unregistered tanks at Martin Oil's Cook County facility.

PCB 92-62

Galesburg Cottage Hospital v. IEPA - The Board

reversed the Agency's determination that $6,452.20 was not

reimbursable and remanded to the Agency for the disbursement

of funds for Galesburg's Knox County facility in this underground

storage tank fund reimbursement appeal. Board Members

Ronald Flemal and Bill Forcade concurred.

PCB 92-76

Meyer Steel Drum v. IEPA - The Board granted

Meyer Steel Drum's motion to dismiss its air permit appeal for its

Cook County facility.

PCB 92-89

Lawrence Brothers, Inc. v. IEPA - The Board

granted Lawrence Brothers motion to dismiss its air permit

appeal for its Whiteside County facility.

PCB 92-91

City of Aledo v. IEPA - The Board denied the

variance with respect to gross alpha particle activity and granted

a five year variance with conditions from the public water supply

regulations for City of Aledo's Mercer County supply.

PCB 92-93

People of the State of Illinois v. International

Supply - The Board accepted the Stipulation and Settlement

Agreement in this air enforcement action involving the

International Supply's Peoria County facility. International

Supply admitted to past violations of the Act and Board air

regulations, agreed to pay a civil penalty of $1,000 to the

Environmental Protection Trust Fund, and agreed to cease and

desist from further violations concerning. Board Member J.

Theodore Meyer dissented.

PCB 92-115

Century Resources, Inc. v. IEPA - Upon receipt of

an Agency recommendation, the Board granted a provisional

variance that will allow Century Resources to accumulate

hazardous waste at its Cook County facility for an additional 30

days beyond the 90 days allowed by the RCRA regulations.

PCB 92-116

R.D.T. Industries v. IEPA - Upon receipt of an

Agency recommendation, the Board granted a provisional

variance that will allow R.D.T Industries to accumulate

hazardous waste at its Cook County facility for an additional 30

days beyond the 90 days allowed by the RCRA regulations.

AS 91-5

In the Matter of: Petition of Elizabeth Street

Foundry, for an Adjusted Standard from 35 Ill. Adm. Code

212.321 - The Board granted Elizabeth Street Foundry an

adjusted standard from the PM

air emissions regulations, with

conditions, for its Cook County facility.

AC 91-31

IEPA v. Randall Loveless - The Board found

Randall Loveless violated Sections 21(q)(1), 21(q)(3), 21(q)(4)

and 21(q)(5) of the Act and ordered him to pay a penalty of

$2,000 to the Environmental Protection Trust Fund for the

Macoupin County facility.

AC 92-52

Logan County Health Department v.

Lincoln/Logan Landfill - The Board found Lincoln/Logan Landfill

violated Sections 21(o)(1), 21(o)(5), 21(o)(9), 21(o)(11) and

21(o)(12) of the Act and ordered a penalty of $2,500 be paid to

the Logan County Health Department for the Logan County

facility.

AC 92-58

IEPA v. Charles R. Dixon - The Board Granted the

Agency's motion to withdraw because service was not completed

within 60 days of the inspection of this McHenry County site.

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: Amendment to 35

Ill. Adm. Code Parts 215 and 218 - See Rulemaking Update.

R91-30

In the Matter of: Stage II Gasoline Vapor

Recovery Rules: Amendments to 35 Ill. Adm. Code Parts 215,

218, and 219 - See Rulemaking Update.

R92-11

In the Matter of: UST Update USEPA Regulations

(1/1/92 through 6/30/92) - See Rulemaking Update.

R92-14

In the Matter of: Pretreatment Update, USEPA

Regulations (1/1/92) through 6/30/92) - See Rulemaking Update.

R92-15

In the Matter of: Exemptions from the Definition

of VOM Updated, USEPA Regulations (1/1/92 through

Page

Page 8

8/ September 2, 1992

/ September 2, 1992

Environmental Register No. 456

6/30/92) - See Rulemaking Update.

R92-16

In the Matter of: Petition of Cabot Corporation to

Update UIC Regulations or in the Alternative, for an Adjusted

Standard from 35 Ill. Adm. Code 738.Subpart B - See

Rulemaking Update.

NEW CASES

NEW CASES - AUGUST 13, 1992 BOARD MEETING

- AUGUST 13, 1992 BOARD MEETING

PCB 92-115

Century Resources, Inc. v. IEPA - See Final

Actions.

PCB 92-116

R.D.T. Industries v. IEPA - See Final Actions.

R92-8

In the Matter of: Amendments to 35 Ill. Adm.

Code Suptitle C (Water Toxics and Bioaccumulation) - The Board

granted in part the motion for waiver of 35 Ill. Adm. Code

102.120. The Board waived the requirement to supply a petition

signed by 200 persons.

R92-10

In the Matter of: RCRA Update USEPA

Regulations (1/1/92 through 6/30/92) - Docket Reserved.

R92-11

In the Matter of: UST Update USEPA Regulations

(1/1/92 through 6/30/92) - See Final Actions.

R92-14

In the Matter of: Pretreatment Update, USEPA

Regulations (1/1/92) through 6/30/92) - See Final Actions.

R92-15

In the Matter of: Exemptions from the Definition

of VOM Updated, USEPA Regulations (1/1/92 through 6/30/92) -

See Final Actions.

R92-16

In the Matter of: Petition of Cabot Corporation to

Update UIC Regulations or in the Alternative, for an Adjusted

Standard from 35 Ill. Adm. Code 738.Subpart B - See Final

Actions.

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.

September 3

9:00 a.m.

PCB 91-50

N-E

Karl Christ and Helen Christ v. Compost Enterprises, Inc. - Marengo City Hall, 132 E. Prairie

St., Marengo.

September 3

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

Conference Room 9-040, Chicago.

September 4

9:00 a.m.

PCB 91-50

N-E

Karl Christ and Helen Christ v. Compost Enterprises, Inc. - Marengo City Hall, 132 E. Prairie

St., Marengo.

September 8

10:00 a.m.

AC 92-37

Sangamon County v. Gerald Bruce Miller - County Complex, Courtroom 6C, 200 S. 9th St.,

Springfield.

September 8

1:00 p.m.

AC 92-48

Sangamon County v. Delmar Donley and Don Chem, Inc. - County Complex, Courtroom 6C,

200 S. 9th St., Springfield.

September 9

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.

September 9

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.

September 10

10:00 a.m.

R91-23

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.

September 14

10:00 a.m.

PCB 92-104

UST-FRD

Roger Malkey, d/b/a Malkey's Mufflers v. EPA - National Bank of Earlville, 137 S. Main St.,

Earlville.

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 15

10:00 a.m.

PCB 92-108

UST-FRD

The OK Trucking Company v. EPA - State of Illinois Center, Suite 11-500, 100 W. Randolph

St., Chicago.

Environmental Register No. 456

September 2, 1992/Page

September 2, 1992/Page 9

September 15

10:30 a.m.

PCB 92-23

P-A

The Grigoleit Company v. EPA - Macon County Courthouse, Room 504, 253 E. Wood St.,

Decatur.

September 16

10:00 a.m.

PCB 91-31

P-A

Rockford Products Corporation v. EPA - Rockford Public Library, Room A, Lower Level, 215

N. Wyman, Rockford.

September 16

10:00 a.m.

PCB 92-23

P-A

The Grigoleit Company v. EPA - Macon County Courthouse, Room 504, 253 E. Wood St.,

Decatur.

September 16

11:00 a.m.

PCB 91-16

P-A

Nicor National, Inc. v. EPA - Edwardsville City Hall, Room 203, 400 N. Main St., Edwardsville.

September 17

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

Conference Room 9-040, Chicago.

September 17

9:00 a.m.

PCB 92-75

UST-FRD

Estate of Larry Junkin, by Patricia Junkin, Executrix v. EPA - City of Champaign Building,

Room EC-4, 102 N. Neil St., Champaign.

September 18

9:30 a.m.

AS 92-5

In the Matter of: Petition of D & L Landfill, Inc. and D & L Disposal, Inc. for Adjusted Standard

from 35 Ill. Adm. Code Section 814.104(a), 914.401 and 814.501 - Bond County Courthouse,

Main Courtroom, 200 W. College, Greenville.

September 21

9:00 a.m.

PCB 92-111

UST-FRD

Russell L. Bacon v. IEPA - Law & Justine Center, Dining Room, 104 W. Front St.,

Bloomington.

September 21

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.

September 22

10:00 a.m.

PCB 91-262

UST-FRD

The Pumper, Inc. v. EPA - Hinsdale Public Library, Lower Level Conference Room, 20 E.

Maple St., Hinsdale.

September 23

10:00 a.m.

AS 91-11

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 23

10:00 a.m.

PCB 92-98

UST-FRD

Reichhold Chemicals, Inc. v. EPA - State of Illinois Center, Suite 11-500, 100 W. Randolph

St., 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 24

10:00 a.m.

PCB 92-105

UST-FRD

Weyerhauser Co., v. EPA - State of Illinois Center, Suite 11-500, 100 W. Randolph St.,

Chicago.

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 28

10:00 a.m.

PCB 92-103

UST-FRD

City of Freeport v. EPA - Freeport City Hall, Council Chambers, 230 W. Stephenson St.,

Freeport.

September 30

10:00 a.m.

AS 91-12

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.

September 30

10:00 a.m.

PCB 90-244

P-A

General Electric Company v. EPA - Whiteside County Courthouse, 200 E. Knox, Room 117,

Morrison.

September 30

10:00 a.m.

PCB 92-81

UST-FRD

James Lynch v. EPA - Macoupin County Courthouse, County Board Room, Carlinville.

October 1

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

Conference Room 9-040, Chicago.

October 1

10:00 a.m.

PCB 90-224

P-A

General Electric Company v. EPA - Whiteside County Courthouse, 200 E. Knox, Room 117,

Morrison.

Page

Page 10

10/ September 2, 1992

/ September 2, 1992

Environmental Register No. 456

October 1

1:00 p.m.

AC 92-41

EPA v. Lakewood Homes & Development Co., Inc. - Law Offices of James T.J. Keating, Suite

1220, 542 S. Dearborn St., Chicago.

October 2

10:00 a.m.

AC 92-39

County of Jackson v. Leslie Norman Fred, Sr., d/b/a Murphysboro/Norman Fred Trucking -

Jackson County Courthouse Board Room, First Floor, Murphysboro.

October 8

10:00 a.m.

AC 91-32

County of Ogle v. Rochelle Disposal Services, Inc. - Ogle County Courthouse, State's

Attorney's Conference Room, 4th and Washington Streets, Oregon.

October 13

9:30 a.m.

PCB 91-56

P-A

Douglas Furniture of California, Inc. v. EPA - State of Illinois Center, Suite 11-500, 100 W.

Randolph St., Chicago.

October 14

10:00 a.m.

AS 92-4

Air

In the Matter of: Joint Petition of Detroit Diesel Corporation , Navistar International

Transportation Corporations, Cummins Engine Company and the Engine Manufacturers

Association for Adjusted Standards from 35 Ill. Adm. Code 240.141 - State of Illinois Center,

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

October 19

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.

October 15

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

Conference Room 9-040, Chicago.

October 20

9:30 a.m.

PCB 91-235

A-V

Marsco MFG. Co. v. EPA - State of Illinois Center, Suite 11-500, 100 W. Randolph St.,

Chicago.

October 21

10:30 a.m.

PCB 90-197

P-A

The Celotex Corporation v. EPA - Quincy City Hall, Council Chambers, Room 119, 730 Main

St., Quincy.

October 22

9:00 a.m.

PCB 91-197

P-A

Cabot Corporation (Tuscola Facility) v. EPA - Douglas County Courthouse, First Floor, 401 S.

Center St., Tuscola.

October 27

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.

October 27

10:00 a.m.

PCB 92-99

UST-FRD

A.B. Dick Company v. EPA - State of Illinois Center, Suite 11-500, 100 W. Randolph St.,

Chicago.

October 28

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.

October 29

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

Conference Room 9-040, Chicago.

November 12

10:00 a.m.

AC 92-26

County of Ogle v. City of Rochelle and Rochelle Disposal Service, Inc. (Rochelle Municipal #2

Landfill) - Ogle County Courthouse, 4th and Washington Streets, Oregon.

November 12

10:00 a.m.

AC 92-80

Lake County Forest Preserve District v. Neil Ostro; Janet Ostro; and Big Foot Enterprises -

County Building, Room 1002, 18 N. County Rd., Waukegan.

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 Codes

A-C

Administrative Citation

A-E

Air Enforcement

A-S

Adjusted Standard

A-V

Air Variance

Environmental Register No. 456

September 2, 1992/Page

September 2, 1992/Page 11

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

WATERWAYS CRUISE AND ENVIRONMENTAL WORKSHOP

EILEEN JOHNSTON is organizing another waterways cruise and floating seminar for Saturday,

September 26, 1991. The floating seminar is planned to discuss areas of environmental concern and the progress

made in solving problems since the first Earth Day in 1970. Participants will view pictures of what the areas

looked like twenty years ago. Speakers from state and federal agencies and industries will discuss the

environmental progress made, pollution abatement and current problems.

The cruise is on the Wendella and is 72 miles long. Participants will view the ever changing and exciting

shoreline and skyline of Chicago and northern Indiana, and the waterways of the Calumet Sag Channel, Calumet

River and I & M Shipping Canal. The cruise also passes steel mills, new water reclamation facilities, barges,

landfills and the canyon of city skyscrapers.

Eileen's cruise serves to demonstrate the environmental challenges facing our country due to the dramatic

impact of man on the environment. Some of the questions addressed during the floating seminar include: What

progress has been made? Can we eat fish from the lake? How are environmental regulations proposed and

enforced?

Participants meet at 8:45 a.m. at the foot of the Wrigley Building, and we return before 4 p.m. Parking

facilities are located west of the building, allow time to locate a space. Use public transportation if possible. Be

prompt, don't miss the boat!! Bring your lunch. Soft drinks are sold on board. Warm clothes and head gear are in

order. The cost is $45, $35 for full time students. Send checks to:

Eileen Johnston, 505 Maple Avenue, Wilmette, IL 60091; (312) 814-3470

Please make reservation before September 20, 1991. Space is limited, so the sooner the better!

****************************************************************************************

Name

__________________________________________________________________

School, Firm, Group

__________________________________________________________________

Address

__________________________________________________________________

Phone

__________________________________________________________________

Ticket No.

______________________

Amount Enclosed

_______________________

Page

Page 12

12/ September 2, 1992

/ September 2, 1992

Environmental Register No. 456

ENVIRONMENTAL REGISTER NEWSLETTER FOR THE LATEST DEVELOPMENTS

The Environmental Register is a newsletter published by the Board after every Board meeting. The

hearing calendar and provides other useful information on environmental issues.

To order a free subscription to the Environmental Register, please complete the following form and

forward it as follows:

Louise El

Illinois Pollution Control Board

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

Name

Company Name

Address

City/State/Zip

Yes

, I wish to continue receiving regular free copies of the Environmental Register after July 1, 1992.

, I want my name removed from the mailing list for the Environmental Register.

Environmental Register No. 456

September 2, 1992/Page

September 2, 1992/Page 13

ENVIRONMENTAL INFORMATION SERVICES

AVAILABLE FROM THE BOARD

The Board has the following information available:

SUBSCRIPTION SERVICE OF BOARD OPINIONS AND ORDERS.

The subscription service comprises all the Opinions and

Orders issued by the Pollution Control Board in a fiscal year (July 1 through June 30). The Board

meets approximately twice monthly in order to issue Opinions and Orders.. Usually no later than

the 15th day of each month, a volume is issued containing the Opinions and Orders of the Board

from the preceding month.

HARD COPIES OF BOARD OPINIONS AND ORDERS FOR FISCAL YEAR 1992

(July 1, 1991 through June 30, 1992)

ARE AVAILABLE FOR IMMEDIATE DELIVERY.

The cost is $350.00 per set.

Two formats will be offered starting July 1 of this year (FY93): a hard paper copy for $350.00 per year and an electronic

version for $275.00 per year. The electronic version will consist of Opinions and Orders in the

WordPerfect 5.1 (DOS) format on either 3.5" or 5.25" inch diskettes. The electronic format will

allow for word searches and other useful tools provided by the WordPerfect software.

When ordering, please specify the choice of either the hard copy or electronic version. If ordering the electronic version,

please specify 3.5" or 5.25" diskettes.

LANDFILL REGULATIONS.

This consists of the Board's landfill regulations and other supporting background documentation.

This is offered only in an electronic version which consists of WordPerfect 5.1 (DOS) on either 3.5"

or 5.25" inch diskettes. The electronic format will allow for word searches and other useful tools

provided by the WordPerfect software. The cost is $100.00.

When ordering, please specify the choice of either the 3.5" or 5.25" diskettes.

All checks should be made payable to the Pollution Control Board. Direct all orders to Joe D'Alessandro, Fiscal Officer, Pollution

Control Board, 100 West Randolph Room 11-500, Chicago, Illinois 60601.

Page

Page 14

14/ September 2, 1992

/ September 2, 1992

Environmental Register No. 456

Printed by Authority of the State of Illinois, June 22, 1992, 2,000 copies, order #57701.

Bulk Rate

U.S. Postage

PAID

Chicago, IL

Permit No.2088

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

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.