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NVIRONMENTAL
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EGISTER
EGISTER
Illinois Pollution Control Board News
Illinois Pollution Control Board News
No. 471
No. 471
June 16, 1993
June 16, 1993
RULEMAKING UPDATE
RULEMAKING UPDATE
EMERGENCY STAGE II VAPOR RECOVERY RULE
ADOPTED, R93-12
On May 20, 1993, the Board adopted an emergency rule
relating to the Stage II gasoline vapor recovery regulations. This
emergency rule has the effect of delaying the May 1, 1993
effective date for the Stage II rules until October 15, 1993 in the
Metro-East area (St. Clair and Madison Counties).
The Agency filed a motion for an emergency rule to stay the
effective date for the Stage II rules on May 3, 1993. On May 5,
the Board requested that the Agency submit additional
information and requested public comments to aid it in evaluating
whether an emergency existed. (
See Environmental Register
no.
470, May 19, 1993.) The Board received a response from the
Agency and eight public comments that supported a Board
finding of an emergency.
The Board found that a threat to the public interest existed.
The Board concluded that facilities in the Metro-East area would
have suffered extreme economic hardship if forced to comply
with the May 1 deadline. A federal judicial mandate that will
require the U.S. EPA to issue on-board vehicle vapor recovery
regulations may eliminate the need for these facilities to
ultimately comply with the Stage II rules. Direct questions to
Michelle C. Dresdow, at 815-753-0947. (Please refer to docket
R93-12.)
FEDERALLY-DERIVED RCRA SUBTITLE D LANDFILL
AMENDMENTS PROPOSED, R93-10
On May 20, 1993 the Board adopted an order that proposes
amendments to the Illinois non-hazardous landfill regulations that
incorporate changes necessary to make them as stringent as the
federal RCRA Subtitle D regulations. On May 27, the Board
adopted a proposed opinion that supports the proposed order.
The proposed amendments are based on October 9, 1991 U.S.
EPA rules that apply to municipal solid waste landfill facilities
(MSWLFs). Federal law presently requires that the states must
adopt regulations that are no less stringent than the new federal
regulations on or before October 9, 1993 in order to maintain
state primacy in this area. The General Assembly is presently
considering legislation that will mandate that the Board adopt
these amendments using identical-in-substance rulemaking
procedures. The Board commenced this rulemaking early so the
public comment period could run and Illinois could be timely in its
ultimate adoption of these amendments. If the legislation fails,
however, the Board would lack statutory authority to proceed with
this proposal by means of identical-in-substance rulemaking.
The proposed amendments would amend Parts 810, 811, and
814 of the Illinois landfill rules. The amendments to Part 810 add
various definitions relating to MSWLF units and incorporate
USEPA test methods for evaluating solid waste and an extensive
federal listing of numerous of organic and inorganic contaminants
for which these facilities must test groundwater. The proposed
amendments to Part 811 include several changes to the existing
new landfill standards. Briefly, they amend to the landfill
location, operating, closure and post-closure care,
recordskeeping, groundwater monitoring and corrective action,
and financial assurance requirements, as they apply to MSWLFs,
to make them as stringent as the federal new rules. The
amendments to Part 814 include several similar changes to the
standards applicable to existing landfills in order to make them
also as stringent as the U.S. EPA Subtitle D regulations.
Additionally, they clarify the applicability of Part 814 to existing
MSWLFs and to lateral expansions, set forth permitting
requirements for existing MSWLF units and for lateral
expansions, and establish foundation and mass stability
standards, and impose groundwater monitoring, quality, and
assessment requirements for these facilities. Direct questions to
Anand Rao, at 312-814-3956, or Michael J. McCambridge, at
312-814-6924. (Please refer to docket R93-10.)
RULEMAKING UPDATE
continued on page 3
INFORMATION SERVICES AVAILABLE FROM THE BOARD
See the inside of this page 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.
The Board also maintains an electronic Bulletin Board System (BBS) at 312-814-1590. There is no charge
for access to the BBS. See the inside of this page for details.
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2/ June 16, 1993
/ June 16, 1993
Environmental Register No. 471
Environmental Register No. 471
ENVIRONMENTAL INFORMATION SERVICES
AVAILABLE FROM THE BOARD
The Board has the following information available:
POLLUTION CONTROL BOARD ELECTRONIC BULLETIN BOARD SYSTEM (BBS).
The Pollution Control Board operates an
electronic BBS at 312-814-1590. The BBS is available 24 hours a day, 7 days a week, to anyone with access to a computer and
a modem - there is no charge for access to the BBS. The best communications settings are 8 data bits (or data length 8), no
parity (or parity = none) and 1 stop bit, i.e., 8-N-1. The best terminal emulation is ANSI-BBS or just ANSI. The BBS contains
Board Agendas, Environmental Registers, Annual Reports, and various documents about the Board. You may download these
documents to your computer. For additional information contact Bill Forcade at the Board Offices 312-814-3620.
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 end 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 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.
SUBSCRIPTION SERVICE FOR BOARD OPINIONS AND ORDERS
Enclosed is a check in the amount of __________ made payable to the Illinois Pollution Control Board for the
subscription service to the Board's opinions and orders.
Name__________________________________________________
Fiscal Year Ordered_______________________
(FY92 available in hard copy only).
Address________________________________________________
City/State/Zip___________________________________________
Hard Copy_______________________________
Hard Copy Cost per FY: $350.00
Electronic Copy__________________________
Electronic Copy Cost for FY93: $275.00
Disk Size__________________________
Please send to:(5.25" 1.2 MB or 3.5" 1.44 MB)
Joseph D'Alessandro
Illinois Pollution Control Board
100 W. Randolph St., Ste. 11-500
Chicago, IL 60601
Environmental Register No. 471
Environmental Register No. 471
June 16, 1993/Page
June 16, 1993/Page 3
3
RULEMAKING UPDATE
continued from page 1
RCRA UPDATE PROPOSED FOR PUBLIC COMMENT, R93-4
On May 27, 1993, the Board proposed certain amendments to
the Illinois RCRA regulations to include federal actions from July
1 through December 31, 1992. This docket, R93-4, involves
amendments to 35 Ill. Adm. Code 703, 720, 721, 722, 724, 725,
726 and 728, and it would add a new Part 739, The Management
of Used Oil.
When adopted, this rulemaking will include numerous
significant amendments to the Illinois RCRA regulations. Among
the more significant amendments it will include are a new set of
regulations for managing used and waste oil; a lifting of the
administrative stay on certain wood preserving rules requiring the
use of drip pads; the addition of land disposal restrictions (LDRs)
for hazardous debris and newly-listed wastes; corrections to the
Third-Third LDRs; treatment, storage, and disposal facility
standards for containment buildings (presently known as indoor
waste piles); 10 new hazardous waste listings for coking wastes;
standards for the use of sorbents for disposal of liquid wastes in
landfills; alternative emissions standards for hazardous waste
burners; and treatment standards for hazardous debris and soils.
Direct questions to Anne Manley, at 312-814-3473. (Please
refer to docket R93-4.)
UIC UPDATE PROPOSED, R93-6
On May 20, 1993, the Board proposed amendments to the
Illinois UIC regulations for public comment. This routine UIC
program update would incorporate USEPA amendments made
during the period from July 1 through December 31, 1993.
During this period, USEPA adopted land disposal restrictions
(LDRs) for newly-listed wastes. USEPA also extended an
exception from the LDRs for diluted waste to include such waste
that no longer exhibit a hazardous waste characteristic that is
injected into Class I hazardous waste injection wells. Finally,
USEPA amended the UIC rules so that some owners or
operators may run a well log only when performing a routine well
workover in which the long string casing is pulled. The Board
included each of these amendments in the proposal. Direct
questions to Michael J. McCambridge, at 312-814-6924. (Please
COPIES OF ILLINOIS LANDFILL REGULATIONS AND SUPPORTING DOCUMENTS
AVAILABLE ON DISKETTE
Copies of the Illinois landfill regulations and supporting documents are available on diskette. 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, 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.
DISKETTE SET FOR NONHAZARDOUS WASTE LANDFILL REGULATIONS
Enclosed is a check in the amount of $_______ made payable to the Illinois Pollution Control Board for purchase of
______ set(s) of diskettes at $100.00 per set.
Send Order to:Size of Diskette:
Name___________________________________________________________
5.25" (1.2 MB)___________________
Address
_____________________________________________________
3.5" (1.44 MB)___________________
_____________________________________________________
Number of orders_________________
_____________________________________________________
Please send to:
Joseph D'Alessandro, Fiscal Officer
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph St., Ste 11-500
Chicago, IL 60601
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/ June 16, 1993
Environmental Register No. 471
Environmental Register No. 471
refer to docket R93-6.)
PRETREATMENT UPDATE PROPOSED, R93-2
On June 3, 1993, the Board adopted a proposal for public
comment that would update the Illinois wastewater pretreatment
regulations to include USEPA amendments for the period July 1
through December 31, 1992. In particular, the amendments
affect the Organic Chemicals, Plastics, and Synthetic Fibers
(OCPSF) Category. They would establish alternative limitations
for certain non-amenable cyanides and for certain metals to
accommodate low background levels from incidental sources.
They would further correct certain listing errors in the federal
appendices and amend the applicability provisions for the Other
Fibers, Thermoplastic Resins, and Thermosetting Resins
subcategories. The amendments would finally have the effect of
merely removing the listings of two chemicals from the Bulk
Organic Chemicals Subcategory. Direct questions to Michael J.
McCambridge, at 312-814-6924. (Please refer to docket R93-2.)
BOARD SOLICITS COMMENTS ON ALTERNATIVE
LANGUAGE AND RESPONDS TO JCAR OBJECTION, R91-20
& RES 93-1
On May 20, 1993, in R91-20, the Board responded to a May
11, 1993 objection by the Joint Committee on Administrative
Rules (JCAR) to certain portions of the proposed rules for
potentially infectious medical wastes (PIMWs). The proposed
rules would regulated facilities engaging in the treatment,
storage, and transfer of PIMWs and their transportation,
packaging, and labelling. JCAR stated that it had objected
because "Section 1422.122(a)(1) is inconsistent with language in
the rulemaking in Sections 1422.124 and 1422.125, resulting in a
conflict for facilities attempting to legally eliminate the infectious
potential in medical waste." The May 20 interim order agreed
that a conflict may have existed and proposed alternative
language for public comment.
On June 3, 1993, the Board adopted a resolution in this
matter, RES 93-1, in response to the JCAR objection. The
resolution set forth the same alternative language as the May 20
interim order, with slight amendments in response to comments
received from the Agency. The Board stated that it believed the
alternative language, as amended, adequately addressed the
concerns raised by the JCAR objection. Direct questions to
Michelle C. Dresdow, at 815-753-0947. (Please refer to docket
R91-20.)
APPELLATE UPDATE
THIRD DISTRICT CONCLUDES THAT BOARD
ERRED BY NOT REMANDING SITING APPEAL
FOR A NEW HEARING
The Third District recently reversed the Board's
affirmance of a denial of local siting approval for a
landfill in
Land and Lakes Co. v. Village of Romeoville
(Dec. 6, 1991), PCB 92-25. In
Land and Lakes Co. v.
PCB
(3d Dist. June 1, 1993), the court held that the
Board should have concluded that certain actions of a
party before the Village, the Will County State's
Attorney, caused the Village to deny the siting petitioner
fundamental fairness.
In what is commonly called a "SB 172" proceeding,
Land and Lakes Co. applied to the Village of Romeoville
for a landfill expansion. The Will County State's
Attorney argued against approval of the proposed
expansion in the ensuing proceedings. A major
substantive issue was whether criterion #1 of Section
39.2(a) of the Environmental Protection Act was
satisfied, i. e., whether "the facility is necessary to
accommodate the waste needs of the area it is intended to
serve". At hearing, testimony was elicited by the State's
Attorney concerning the nearby dormant--but still
permitted--Wheatland landfill. The issue was whether
the Wheatland landfill should be considered as available
local landfill capacity.
Included in the Village hearing officer's findings and
recommendations, submitted to the Village Board, was
his conclusion that the Wheatland landfill should be
included in assessing available landfill capacity, and that
the Village deny approval as regards criterion #1.
Prior to its decision, the Village Board, in response to
a motion of Land and Lakes Co., took judicial notice of
the fact that the Will County State's Attorney had earlier
filed an action to enjoin Wheatland landfill against
further operations. The Village's hearing officer stated
that he was not aware of the State's Attorney's action to
enjoin the Wheatland landfill when he made his findings.
As regards Criterion #1, the Village Board included, in
its resolution to deny, the hearing officer's written
findings and recommendations without change.
On appeal, the Board first reversed its initial
determination that the approval was granted by operation
of law after the Village corrected its records regarding
whether it gave the statutorily-required notice of hearing
to two legislators. It then remanded to the Village solely
for clarification of what the Board found was the
Village's confusing decision on criterion #1. Without
further fact-finding proceedings, the Village again denied
siting based on criterion #1. On appeal, the Board
affirmed the Village's denial, and Land and Lakes Co.
appealed to the appellate court.
On the issue of fundamental fairness, the Third District
appellate court found that the availability or non-
availability of the Wheatland landfill was "extremely
crucial to the issue of whether the petitioners' proposed
landfill expansion is needed". The court stated that Land
and Lakes was "not given a full and complete opportunity
to present evidence in support of the application". This
was because "Will county did not disclose at the public
hearing before the hearing officer that it was involved in
litigation seeking to enjoin the reopening of Wheatland.
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5
. . . Instead, Will County's assistant state's attorney
cross-examined the petitioners' witnesses seeking
admissions from them that Wheatland could be reopened
at any time." The court further observed that Will
County further presented evidence that the Wheatland
closing was only temporary and urged the hearing officer
to consider the Wheatland site as available to accept
wastes.
Therefore, the court held that the Village "improperly
considered" the hearing officer's findings because the
hearing officer "clearly stated on the record that he was
not aware of Will County's lawsuit [to close the
Wheatland site] when he made his findings". To the
court, "It was improper for Will County to mislead the
hearing officer into making factually incorrect
assumptions . . .." The court concluded that
"fundamental fairness requires the Village to conduct a
completely new hearing so sufficient inquiry can be made
concerning the availability of the Wheatland site." The
court stated that the Board erred when it did not remand
the proceedings to the Village for an additional hearing.
The court remanded the case for such a remand to the
Village.
In reaching its decision, the Third District also
determined other issues. First, the court decided to
follow its earlier decision in
Strube v. PCB
(Mar. 15,
1993), No. 3-92-0468 (
see Environmental Register
no.
468, Apr. 7, 1993) and hold that a motion for
reconsideration is not a necessary jurisdictional
prerequisite to an appeal of a Board decision. Second,
the court determined that the regional pollution control
facility siting procedures of Section 39.2 of the Act do
not violate the constitutional principle of separation of
powers because they did not "provide an improper
concentration of decision-making power in one branch of
government". Third, the court determined that the Board
did not err by allowing Will County, a third party, to
appeal a siting denial, a setting in which third-party
appeals to the Board are generally not allowed. The
court agreed that
Pioneer Processing, Inc. v. EPA
(1984), 102 Ill. 2d 119, 464 N.E.2d 238, controlled.
That case determined that the Attorney General was a
public official that represented the public interest, so he
was different from a private citizen when acting as a
third-party appellant in this setting. The court held that
by the same reasoning the Will County State's Attorney
had standing to intervene before the Board. Fourth, the
court followed its earlier decision, in
Reichhold
Chemicals, Inc. v. PCB
(3d Dist. 1990), 204 Ill. App. 3d
674, 561 N.E.2d 1343, and determined that the Board
has authority to reconsider its own decisions--even in the
absence of express statutory authority to do so. Finally,
the court held that the Board did not err when it allowed
the Village to change its position before the Board based
on corrected information about service on two legislators.
To require the Board to not let the Village change its
position on rehearing, in the opinion of the court, "would
be holding that an erroneous
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/ June 16, 1993
Environmental Register No. 471
Environmental Register No. 471
ruling could never be corrected".
FOR YOUR INFORMATION
BOARD MEMBER GIRARD PUBLISHES PAPER
Board Member G. Tanner Girard was the principal
author of an article published in the January 1993 issue of
the peer-reviewed Nature Areas Journal. The article,
entitled "Managing Conflicts with Animal Activists:
White-tailed Deer and Illinois Nature Preserves", was co-
authored with Brian Anderson and Taylor DeLaney.
Based on case studies in Illinois nature preserves, the
article suggests proactive management steps for dealing
with animal activists who oppose deer population
reductions when high deer numbers threaten the
biological diversity of natural areas. Dr. Girard is a
member of the Illinois Nature Preserves Commission and
was Chairman from 1989-1992.
BOARD MEMBER ADDRESSES CHICAGO BAR
ON UNDERGROUND STORAGE TANKS
Board Member Bill Forcade gave a speech to the Chicago
Bar Association on June 8, 1993. The meeting was a
continuing legal education seminar, sponsored by the
environmental law committee, on petroleum underground
storage tanks called, "UNDERGROUND TANKS:
DOWN & DIRTY". Mr. Forcade's speech was "LUST
REIMBURSEMENT" and discussed current Board and
court decisions affecting financial reimbursement for
corrective action at leaking underground storage tanks.
PAST AND PRESENT BOARD MEMBERS AND
BOARD STAFF PARTICIPATE IN
ENVIRONMENTAL CONFERENCE
Board Members Joan G. Anderson and Ronald C.
Flemal, and Board Intergovernmental Affairs Attorney
Phillip Van Ness participated in the annual conference
"Working Together to Manage Waste for Environmental
Progress". Two former Board Chairmen, Jacob D.
Dumelle and John C. Marlin, former Board Member
Sidney Marder also participated. Dr. Marlin, Ms.
Anderson, Mr. Marder, and Mr. Van Ness delivered
talks on various topics relating to future environmental
issues, citizens' complaints before the Board, and the
Illinois underground storage tank program and related
pending legislation. Dr. Flemal and Mr. Dumelle
moderated sessions.
FINAL ACTIONS
FINAL ACTIONS - May 20, 1993 BOARD MEETING
- May 20, 1993 BOARD MEETING
91-53
People of the State of Illinois v. Enamelers and
Japanners, Inc., an Illinois corporation - The Board
Environmental Register No. 471
Environmental Register No. 471
June 16, 1993/Page
June 16, 1993/Page 7
7
accepted a settlement agreement filed by the
parties, imposed a civil penalty of $20,000
payable to the Environmental Protection Trust
Fund, and ordered the respondent to cease and
desist from the alleged violations at this Cook
County facility. J. Theodore Meyer dissented.
92-70
People of the State of Illinois v. Gas Tech, Inc., an
Illinois corporation, formerly known as Linde
Gases of the Midwest, Inc., an Illinois corporation
- The Board accepted a settlement agreement
filed by the parties, imposed a civil penalty of
$4,500 payable to the Illinois Hazardous Waste
Fund, and ordered the respondent to cease and
desist from the alleged violations at this Cook
County facility. J. Theodore Meyer dissented.
92-72
Adams Electrical Cooperative v. EPA - The Board
granted voluntary dismissal of this underground
storage tank reimbursement determination appeal
involving an Adams County facility.
92-127
City of Des Plaines, Gail Papasteriadis, and
Gabriel and Linda Gulo v. Solid Waste Agency of
Northern Cook County - The Board dismissed on
the merits this citizens' land enforcement action
involving a Cook County facility.
92-134
Lone Star Industries v. EPA - The Board granted a
variance from various of the landfill regulations to
this LaSalle County facility.
92-145
Thomas J. Konkel v. City of Crest Hill - The Board
found the City of Crest Hill (in Will County) had
violated Sections 12(a) and 12(f) of the Act and
ordered the City to cease and desist from further
violation.
92-204
Concerned Citizens of Williamson County, and
R.S. Blakely and Max Stucker, as members of
Concerned Citizens of Williamson County v. Bill
Kibler Development Corporation, a/k/a Kibler
Development Corp. and the Williamson County
Board of Commissioners - The Board vacated the
decision of the Williamson County Board because
it lacked jurisdiction to consider the application for
regional pollution control facility siting approval.
93-13
Village of Forreston v. EPA - The Board denied
the Village of Forreston's (Ogle County) petition
for a variance from certain of the water pollution
control regulations.
93-64
People of the State of Illinois v. Chicago Sun
Times, Inc., a Delaware corporation - The Board
accepted a settlement agreement filed by the
parties, imposed a civil penalty of $20,000
payable to the Environmental Protection Trust
Fund, and ordered the respondent to cease and
desist from the alleged violations at this Cook
County facility. J. Theodore Meyer dissented.
93-75
Joseph Gutesha and Mildred Samardzija v.
Johnson Concrete Company and Elmer Larson,
Inc. - The Board granted the motion to dismiss this
citizens' air enforcement complaint against a
Champaign County facility for failure to state a
cause of action. R. Flemal abstained.
93-78
Gauger Motor Sales & Service v, EPA - The Board
granted voluntary dismissal of this underground
storage tank reimbursement determination appeal
involving a Tazewell County facility.
93-102
Motorola v. EPA - Upon receipt of an Agency
recommendation, the Board granted an extension
of the 90 day limitation on the accumulation of
hazardous waste at this Cook County facility.
AS 91-11
In the Matter of: Petition of Illinois American
Water Company for an Adjusted Standard from 35
Ill. Adm. Code 304.124 (TSS and Iron only) for the
Water Company's East St. Louis Public Water
Supply Facility - The Board granted this Madison
County facility an adjusted standard from certain
of the water pollution control regulations.
AS 92-4
In the Matter of: Joint Petition of Detroit Diesel
Corporation and the Engine Manufacturers
Association for Adjusted Standard from 35 Ill.
Adm. Code 240.141 - The Board granted a state-
wide adjusted standard from certain of the air
pollution control regulations.
AC 92-26
County of Ogle v. Rochelle Disposal Service, Inc.
and City of Rochelle, Illinois - The Board found
that the respondent had violated Section 21(o)(12)
of the Act, ordered the payment of a $500.00 civil
penalty, and ordered the submission of a
statement of costs.
R91-20
Potentially Infectious Medical Waste, Interim
Order -
See Rulemaking Update.
R93-6
In the Matter of: UIC Update, USEPA
Regulations (July 1, 1992 through December 31,
1992), Proposal for Public Comment, Proposed
Opinion and Order -
See Rulemaking Update.
R93-10
In the Matter of: RCRA Subtitle D Landfill
Amendments, Proposal for Public Comment,
Proposed Opinion and Order -
See Rulemaking
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8/ June 16, 1993
/ June 16, 1993
Environmental Register No. 471
Environmental Register No. 471
Update.
R93-12
In the Matter of: Emergency Rule Amending the
Stage II Gasoline Vapor Recovery Rule in the
Metro-East Area, 35 Ill. Adm. Code 219.586(d),
Adopted Rule, Emergency Rule, Order -
See
Rulemaking Update.
NEW CASES
NEW CASES - May 20, 1993 BOARD MEET
- May 20, 1993 BOARD MEETING
ING
93-75
Joseph Gutesha and Mildred Samardzija v.
Johnson Concrete Company and Elmer Larson,
Inc. -
See Final Actions
93-83
Finks & Austman v. EPA - The Board accepted
this underground storage tank reimbursement
determination appeal involving a McLean County
facility for hearing.
93-84
Consolidation Coal Company v. EPA - The Board
accepted this underground storage tank
reimbursement determination appeal involving a
Perry County facility for hearing.
93-85
People of the State of Illinois v. Liquid Air
Corporation - The Board assigned this air
enforcement action against a Cook County facility
to a hearing officer.
93-86
People of the State of Illinois v. Middleby
Corporation - The Board assigned this air
enforcement action against a Cook County facility
to a hearing officer and ordered publication of a
newspaper notice of filing.
93-87
People of the State of Illinois v. South Holland
Metal Finishing Company, Inc. - The Board
assigned this air enforcement action against a
Cook County facility to a hearing officer.
93-88
People of the State of Illinois v. Russell, Burdsall
& Ward Corporation - The Board assigned this air
enforcement action against a Cook County facility
to a hearing officer and ordered publication of a
newspaper notice of filing.
93-89
People of the State of Illinois v. Richard O. Schulz
Company
-
The Board assigned this air
enforcement action against a Cook County facility
to a hearing officer and ordered publication of a
newspaper notice of filing.
93-90
People of the State of Illinois v. United Parcel
Service, Inc.
-
The Board assigned this land
enforcement action against a Cook County facility
to a hearing officer and ordered publication of a
newspaper notice of filing.
93-91
People of the State of Illinois v. Free-Flow
Packaging Company
-
The Board assigned this air
enforcement action against a Cook County facility
to a hearing officer and ordered publication of a
newspaper notice of filing.
93-92
People of the State of Illinois v. Elkay
Manufacturing Company - The Board assigned
this land enforcement action against a Cook
County facility to a hearing officer.
93-93
People of the State of Illinois v. Dupli-Color
Products Company
-
The Board assigned this air
enforcement action against a Cook County facility
to a hearing officer and ordered publication of a
newspaper notice of filing.
93-94
People of the State of Illinois v. Cooper Tools -
The Board assigned this air enforcement action
against a Cook County facility to a hearing officer.
93-95
People of the State of Illinois v. City of Sandwich,
Illinois
-
The Board assigned this water pollution
enforcement action against a DeKalb County
facility to a hearing officer and ordered publication
of a newspaper notice of filing.
93-96
People of the State of Illinois v. Ashland Products,
Inc.
-
The Board assigned this land enforcement
action against a Cook County facility to a hearing
officer and ordered publication of a newspaper
notice of filing.
93-97
People of the State of Illinois v. Adolph P.
Raymond
-
The Board assigned this land
enforcement action against a Cook County facility
to a hearing officer and ordered publication of a
newspaper notice of filing.
93-98
People of the State of Illinois v. 3216 Garage
Corporation
-
The Board assigned this land
enforcement action against a Cook County facility
to a hearing officer and ordered publication of a
newspaper notice of filing.
93-99
LTV Steel Company (Hennepin Works) v. EPA -
Environmental Register No. 471
Environmental Register No. 471
June 16, 1993/Page
June 16, 1993/Page 9
9
The Board accepted this RCRA permit appeal
involving a Putnam County facility for hearing.
93-100
ZMC, Inc. v. EPA - The Board accepted this
underground storage tank reimbursement
determination appeal involving a DuPage County
facility for hearing.
93-101
Citizens Utilities Company of Illinois and Village of
Plainfield v. EPA and Village of Bolingbrook - The
Board held this NPDES permit appeal involving a
Will County facility.
93-102
Motorola v. EPA
- See Final Actions.
R93-12
Emergency Rule Amending the Stage II Gasoline
Vapor Recovery Rule in the Metro-East Area, 35
Ill. Adm. Code 219.586(d)
- See Rulemaking
Update.
FINAL ACTIONS
FINAL ACTIONS - May 27, 1993 SPECIAL BOARD MEETING
- May 27, 1993 SPECIAL BOARD MEETING
R93-4
In the matter of: RCRA Update, USEPA
Regulations ( July 1, 1993 through December 31,
1992), Proposal for Public Comment, Proposed
Opinion and Order -
See Rulemaking Update.
R93-10
In the matter of: RCRA Subtitle D Landfill
Amendments, Proposal for Public Comment,
Proposed Opinion -
See Rulemaking Update.
FINAL ACTIONS
FINAL ACTIONS - June 3, 1993 BOARD MEETING
- June 3, 1993 BOARD MEETING
83-150
EPA v. Archer Daniels Midland Company - The
Board accepted a modification to the stipulation
and settlement agreement originally accepted by
the Board on August 20, 1987.
92-136
Safety-Kleen Corporation (Schaumburg Facility) v.
EPA - The Board granted voluntary dismissal of
this RCRA permit appeal involving a Cook County
facility.
92-152
State Bank of Whittington v. EPA - The Board
affirmed the Agency's denial of $7,287.04 and
reversed the denial as to $11,956.12 in costs in
this underground storage tank reimbursement
determination appeal involving a Franklin County
facility.
92-154
Shell Oil Company v. EPA - The Board reversed
the denial as to $11,956.12 in costs in this
underground storage tank reimbursement
determination appeal involving a Cook County
facility.
93-43
Leonard F. Wolst v. Pepperidge Farm, Inc. - The
Board granted voluntary dismissal of this citizen's
noise enforcement action against a DuPage
County facility.
AC 92-41
EPA v. Lakewood Homes & Development
Company, Inc. - Having previously found that the
respondent had violated Section 219(p)(1) of the
Act, the Board ordered the payment of $830.00 for
hearing costs.
Res 93-1
In the Matter of: Potentially Infections Medical
Waste (PIMW): Treatment, Storage, and Transfer
Facilities and Transportation, Packaging, and
Labeling (35 Ill. Adm. Code 1420,1421, and
1422), Resolution and Order -
See Rulemaking
Update.
R93-2
In the Matter of: Pretreatment Update, USEPA
Regulations (July 1, 1992 through December 31,
1992), Proposal for Public Comment, Proposed
Opinion and Order -
See Rulemaking Update.
Page
Page 10
10/ June 16, 1993
/ June 16, 1993
Environmental Register No. 471
Environmental Register No. 471
NEW CASES
NEW CASES - June 3, 1993 BOARD MEET
- June 3, 1993 BOARD MEETING
ING
93-101
Citizens Utilities Company of Illinois and Village of
Plainfield v. EPA and Village of Bollingbrook - The
Board held this NPDES permit appeal involving a
Will County facility.
93-103
Caravelle Wood Products, Inv. v. EPA - The Board
accepted this underground storage tank
reimbursement determination appeal involving a
Cook County facility for hearing.
93-104
Griffin Service and Sproule Construction v. EPA -
The Board accepted this underground storage
tank reimbursement determination appeal
involving a JoDaviess County facility for hearing.
93-105
Divane Brothers Electric Company v. EPA - The
Board accepted this underground storage tank
reimbursement determination appeal
involving a Cook County facility for hearing.
93-106
C.A.R.E., Larry Slates, Lonnie Seymour, James
Klaber, Faye Mott, as members of C.A.R.E,
Hoopeston Community Hospital, Hoopeston
Industrial Corporation, William Regan and Mary
Regan, as Trustees v. James Van Weelden, d/b/a
Illinois Landfills, Inc. and Hoopeston City Council
in behalf of the City of Hoopeston, County of
Vermillion, and State of Illinois - The Board
accepted this third party regional pollution control
facility siting appeal involving a proposed
Vermillion County facility for hearing.
93-107
J.F.R.S. Investments, an Illinois general
partnership v. EPA - The Board accepted this
underground storage tank reimbursement
determination appeal involving a Cook County
facility for hearing.
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.
June 17
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
June 21
10:00 a.m.
PCB 92-211
P-A, RCRA
Safety-Kleen Corporation (Urbana Facility) v. EPA - University of Illinois, Levis Faculty Center,
Room 401, 919 West Illinois Street, Urbana.
June 22
9:30 a.m.
R92-17
R, Water
In the Matter of: Petition of the U.S. Army Engineer District, Rock Island, for a Dredged
Material Placement Regulation Applicable to the Illinois Waterway between LaGrange Lock
and Dam (Mile 90.2) and Lockport Lock (Mile 291) - Peoria Public Library, 107 N.E. Monroe,
Peoria.
June 23
11:00 a.m.
R92-17
R, Water
In the Matter of: Petition of the U.S. Army Engineer District, Rock Island, for a Dredged
Material Placement Regulation Applicable to the Illinois Waterway between LaGrange Lock
and Dam (Mile 90.2) and Lockport Lock (Mile 291) - Grundy County Administrative Center,
1320 Union St., Morris.
June 29
9:00 a.m.
PCB 93-65
L-E
Albert Warner v. Warner Bros. Trucking and Urbana-Champaign Sanitary District - Champaign
City Building, City Council Chambers, First Floor, 102 North Neil Street, Champaign.
July 1
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
July 8
1:30 p.m.
PCB 91-219
P-A, Water
General Motors Corporation, Central Foundry Division v. EPA - Vermilion County Courthouse,
Court Room #1A, First Floor, 7 North Vermilion Street, Danville.
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Environmental Register No. 471
June 16, 1993/Page
June 16, 1993/Page 11
11
July 8
9:00 a.m.
PCB 93-83
UST-FRD
Finks & Austman v. EPA - Normal City Hall, Conference Room C, 100 East Phoenix, Normal.
July 8
9:30 a.m.
PCB 93-100
UST-FRD
Omni Products, Division of ZMC, Inc. v. EPA - Addison Village Hall, Room 201, 131 West
Lake Street, Addison.
July 9
10:00 a.m.
PCB 92-90
V, RCRA
Robertson-Ceco Corporation v. EPA - Bolingbrook Village Hall, Board Room, 375 West
Briarcliff Road, Bolingbrook.
July 13
10:00 a.m.
PCB 92-68
L-E
People of the State of Illinois v. Chem-Plate Industries, Inc. - James R. Thompson Center,
Suite 11-500, 100 West Randolph Street, Chicago.
July 13
10:00 a.m.
PCB 93-44
N-E
James M. Tonne and Jeanine F. Tonne v. Leamington Foods - Addison Village Hall, Room
201, 131 West Lake Street, Addison.
July 14
10:00 a.m.
PCB 92-166
P-A, NPDES
Marathon Oil Company (Robinson Refinery) v. EPA - Robinson Public Library, Meeting Room,
606 North Jefferson, Robinson.
July 15
10:00 a.m.
PCB 92-180
L-V
We-Shred-It, Inc. v. EPA - Pana City Hall Council Chambers, 120 East 3d Street, Pana.
July 15
10:00 a.m.
PCB 93-84
UST-FRD
Consolidation Coal Company v. EPA - Pinckneyville City Hall, City Council Chambers, 104
South Walnut Street, Pinckneyville.
July 16
1:30 p.m.
PCB 92-84
A-E
People of the State of Illinois v. Berkshire Furniture Co., Inc. d/b/a Fashion Bed Group and
formerly known as Allegheny Steel & Brass Corporation - James R. Thompson Center, Suite
11-500, 100 W. Randolph St., Chicago.
July 20
9:00 a.m.
PCB 92-215
N-E
Douglas Locke and Nancy Locke v. Biltmore Country Club - Law Office of Arthur Wulf, 100
North LaSalle, Suite 1710, Chicago.
July 20
10:00 a.m.
PCB 93-107
UST-FRD
J.J.R.S. Investments v. EPA - James R. Thompson Center, 100 West Randolph Street,
Chicago.
July 22
10:00 a.m.
PCB 93-55
UST-FRD
Clarendon Hills/Bridal Center (Learsi & Co., Inc.) v. EPA - Clarendon Hills Village Hall, Board
Room, 1 North Prospect Avenue, Clarendon Hills.
July 22
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
July 26
10:00 a.m.
PCB 93-106
L-S-R
C.A.R.E., Larry Slates, Lonnie Seymour, James Klaber, Faye Mott, Hoopeston Community
Memorial Hospital, Hoopeston industrial Corporation, William Regan and Mary Regan v.
James Van Weelden, d/b/a Illinois Landfills, Inc. - Vermilion Court Annex, County Board
Room 213, 6 North Vermilion Street, Danville.
July 27
10:00 a.m.
PCB 93-104
UST-FRD
Griffin Service and Sproule Construction Co. v. EPA - Galena City Hall, 312½ North Main
Street, Galena.
July 27
10:00 a.m.
PCB 93-106
L-S-R
C.A.R.E., Larry Slates, Lonnie Seymour, James Klaber, Faye Mott, Hoopeston Community
Memorial Hospital, Hoopeston industrial Corporation, William Regan and Mary Regan v.
James Van Weelden, d/b/a Illinois Landfills, Inc. - Vermilion Court Annex, County Board
Room 213, 6 North Vermilion Street, Danville.
July 29
10:00 a.m.
PCB 92-172
A-V
Olin Corporation (Winchester Division) v. EPA - Alton City Council Chambers, Room 104, 101
East 3d Street, Alton.
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/ June 16, 1993
Environmental Register No. 471
Environmental Register No. 471
July 29
9:30 a.m.
PCB 93-85
A-E
People of the State of Illinois v. Liquid Air Corporation - James R. Thompson Center, Suite
11-500, 100 West Randolph Street, Chicago.
August 3
9:00 a.m.
PCB 93-87
A-E
People of the State of Illinois v. South Holland Metal Finishing Co., Inc. - James R. Thompson
Center, Suite 11-500, 100 West Randolph Street, Chicago.
August 5
10:00 a.m.
PCB 93-94
A-E
People of the State of Illinois v. Cooper Tools, a division of Cooper Industries - Sycamore
Municipal Building, City Council Chamber, 535 DeKalb Avenue, Sycamore.
August 5
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
August 9
10:00 a.m.
AS 93-3
Air
In the Matter of: Petition of Douglas Furniture of California for Adjusted Standard for 35 Ill.
Adm. Code 218.204 - Bedford Park Village Hall, Courtroom, Municipal Building, 6701 South
Archer Road, Bedford Park.
August 19
1:30 p.m.
PCB 91-175
P-A, Air
Ball Corporation, Ball Metal Decorating & Service Division (Consolidated with PCB 91-258,
PCB 92-150 and PCB 93-33) - James R. Thompson Center, Suite 11-500, 100 West
Randolph Street, Chicago.
August 25
10:00 a.m.
PCB 93-60
P-A, Land
Industrial Salvage, Inc. and John Prior v. EPA - Centralia City Hall, 222 South Poplar,
Centralia. (Consolidated with PCB 93-61.)
August 26
10:00 a.m.
AS 91-12
Water
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.
August 26
10:00 a.m.
PCB 93-60
P-A, Land
Industrial Salvage, Inc. and John Prior v. EPA - Centralia City Hall, 222 South Poplar,
Centralia. (Consolidated with PCB 93-61.)
August 26
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
August 30
9:00 a.m.
PCB 92-117
A-V
IEI Barge Services, Inc. v. EPA - JoDaviess County Courthouse, County Board Room, 330
North Bench Street, Galena.
August 31
9:30 a.m.
PCB 93-58
UST-E
People of the State of Illinois v. L. Keller Oil Properties, Inc. - Springfield Municipal Building,
Third Floor, 8th and Monroe Streets, Springfield.
September 1
9:30 a.m.
PCB 93-58
UST-E
People of the State of Illinois v. L. Keller Oil Properties, Inc. - Springfield Municipal Building,
Third Floor, 8th and Monroe Streets, Springfield.
September 7
10:00 a.m.
AC 93-13
AC
County of Will v. Arthur Hamel (Lockport Township/Hammel) Docket No. WC 93 AC 1 - Will
County Courthouse (see Paula, Room 439), 14 West Jefferson Street, Joliet.
September 23
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
October 7
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
October 8
9:00 a.m.
PCB 92-161
P-A, NPDES
National Steel Corporation, Granite City Steel Division v. EPA - Madison County
Administration Building, Room 208, 157 North Main Street, Edwardswille.
Environmental Register No. 471
Environmental Register No. 471
June 16, 1993/Page
June 16, 1993/Page 13
13
October 21
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
November 4
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
November 18
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
December 2
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
December 16
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson 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
Page
Page 14
14/ June 16, 1993
/ June 16, 1993
Environmental Register No. 471
Environmental Register No. 471
NOTICE OF ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY HEARING ON BUREAU OF WATER PROGRAM PLANS FOR THE
FISCAL YEAR 1994 INCLUDING THE AGENCY'S REVOLVING LOAN FUND
INTENDED USE PLAN AND UPDATED WATER QUALITY MANAGEMENT PLAN
The Illinois Environmental Protection Agency (Illinois EPA) will hold a public
hearing on Wednesday, August 4, 1993, starting at 9:00 a.m. (see Agenda) at the
Illinois EPA's Sangamo Building premises at 1340 North 9th Street, Springfield,
Illinois.
The purpose of this hearing is to provide an opportunity for the public to
understand and comment on the Fiscal Year 1994 program plans for the Bureau of Water
of the Illinois EPA. Fiscal Year 1994 begins July 1, 1993 and continues through
June 30, 1994. Specific sections within the program plans require notice as
follows:
Bureau of Water: Water Pollution C
ontrol
Revolving Loan Fund
Pursuant to Section 606(c) of the Clean Water Act (33 U.S.C. 466 et
seq.), the Agency is required to prepare an intended use plan prior to
the receipt of the grant from the U.S. Environmental Protection Agency
to capitalize the Water Pollution Control Revolving Loan Fund. This
hearing will provide the opportunity for public comment on at least the
following topics relative to the Fund:
1.
list of projects for Fiscal Year (FY)
1994,
2.
criteria and method for the distribution of funds, and
3.
criteria and method established for the selection of projects.
The Agenda will be as follows:
9:00 a.m. -
Open the Record. Hearing Officer's Opening Statement concerning
the Program Plans Hearing
9:10 a.m. -
Bureau of Water
Review of Water Pollution and Public Water Supplies current
programs and Program Plans for the FY 1994 (references 40
CFR Parts 35 and 130). This will include discussion on the
Revolving Loan Program and revisions and updates to the
Illinois water Quality Management Plan.
Closure of the Record:
The Hearing Record for the Bureau of Water Agency Program
Plan for Fiscal Year 1994 will close as of midnight September 6, 1993.
Written
comments should be postmarked before midnight September 6, 1993 and mailed to:
John D. Williams
Agency Hearing Officer
Illinois Environmental Protection Agency
2200 Churchill Road
P.O. Box 19276
Springfield, Illinois 62794-9276
Phone (217) 782-5544
*Written comments need
not be notarized.
Copies of the Bureau of Water program plans for FY 1994 will be available for review
at Illinois EPA headquarters in Springfield, all Illinois EPA regional offices, and
through libraries in the State Library system on or after June 15, 1993. Copies of
the Agency's "Procedures for Informational and Quasi-Legislative Public Hearings"
(35 Ill. Adm. Code 164) are available from the Agency Hearing Officer upon
request. Requests for special needs interpreters must be made to the Agency Hearing
Officer by Friday, July 23, 1993. See address and phone number above. If you would
like to ask a question about the program plans, please contact the appropriate staff
member at the Illinois EPA, 2200 Churchill Road,
P.O. Box 19276, Springfield,
Illinois 62796-9276.
Agency Contact Staff:
Bureau of Water
Public Water Supplies Program Plan: Charles Bell (217)785-0561 Revolving Loan Fund:
Environmental Register No. 471
Environmental Register No. 471
June 16, 1993/Page
June 16, 1993/Page 15
15
Ron Drainer (217)782-2027
Water Quality Management Plan: Rick
Mollahan (217)782-3362
Water Pollution Control Program Plan: Sandy
Cunningham (217)782-1654
A short summary of the highlights for the Bureau of Water Program
Plans is available from Pam Howard, Illinois EPA Community Relations, 2200 Churchill
Road, P.O. Box 19276, Springfield, Illinois 62794-9276, phone 217/782-5562
June 2, 1993
Page
Page 16
16/ June 16, 1993
/ June 16, 1993
Environmental Register No. 471
Environmental Register No. 471
Printed by Authority of the State of Illinois, June 16, 1993, 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:
Claire A. Manning, Chairman
Springfield, 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.