Printed on Recycled Paper
E
E
NVIRONMENTAL
NVIRONMENTAL
R
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EGISTER
EGISTER
Illinois Pollution Control Board News
Illinois Pollution Control Board News
No. 477
No. 477
December, 1993
December, 1993
MARILI McFAWN, EMMETT E. DUNHAM II APPOINTED TO BOARD;
MEMBER RONALD C. FLEMAL REAPPOINTED;
MEMBER JOAN G. ANDERSON RESIGNS
The Board and staff welcome two new members and the reappointment of another. Governor Edgar announced his
appointment of two new Board members on November 12, 1993. He appointed Marili McFawn, of Palatine, and
Emmett E. Dunham II, of Elmhurst. These new Board members will occupy the seats recently vacated by Joan G.
Anderson (
see below
) and Bill S. Forcade. (
See issue 476, Nov. 3, 1993.
) On the same date, the Governor reappointed
Dr. Ronald C. Flemal to the Board. Both Ms. McFawn and Mr. Dunham come to the Board with impressive credentials.
APPOINTMENTS
continued on page 3
GOVERNOR SIGNS AMENDMENTS TO SUBTITLE D LANDFILL PROVISIONS
On November 16, 1993, Governor signed into law Public Act 88-512 (formerly House Bill 299). These amendments,
effective upon becoming law, include certain amendments to the RCRA Subtitle D provisions recently added to the
Environmental Protection Act in P.A. 88-496. These were in response to recent U.S. EPA amendments to its RCRA
Subtitle D regulations. (
See issue 475, October 6, 1993.
) They extend the deadline for compliance with the Illinois
Subtitle D landfill requirements until April 8, 1994 for smaller landfills accepting less than 100 tons of waste per day.
This deadline is also similarly extended for landfills that the Illinois EPA has determined are necessary to accept flood
debris. The deadline for compliance with the financial responsibility requirements is extended until April 8, 1995. The
amendments are drafted so that they are retroactive from October 9, 1993.
RULE
RULEMAKING U
MAKING UPDATE
PDATE
CLEAN AIR ACT CHICAGO OZONE RACT 25 TONS PER
YEAR RULEMAKING PROPOSED FOR SECOND NOTICE,
R93-14
On November 18, 1993 the Board proposed for Second Notice
review by the Joint Committee on Administrative rules (JCAR),
under docket number R93-14, certain amendments to the Illinois'
Air Pollution Control regulations pertaining to emissions of
volatile organic materials in the Chicago metropolitan statistical
area. The proceeding, entitled
In the Matter of: Reasonably
Available Control Technology for Major Sources Emitting Volatile
Organic Materials in the Chicago Ozone Nonattainment Area: 25
Tons
, would amend Parts 211 (general VOM provisions) and 218
(Chicago metropolitan area VOM provisions). The Illinois EPA
(Agency) filed the proposal, and the Board proposed it for First
Notice publication in the
Illinois Register
on July 22, 1993,
pursuant to Section 28.5 of the Environmental Protection Act--a
provision that limits the Board's discretion in proceeding with an
Agency-filed proposal, and which requires the Board to proceed
very rapidly. (415 ILCS 5/28.5;
see issue 473, Aug. 4, 1993
.)
The Board conducted public hearings on the proposal on August
31 and September 21, 1993. The proposed amendments
represent one segment of Illinois' submittal of a complete State
Implementation Plan (SIP) to the U.S. Environmental Protection
Agency (USEPA).
Section 182(a) of the Clean Air Act Amendments of 1990
CHICAGO RACT continued on page 4
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.
Page
Page 2
2/ December, 1993
/ December, 1993
Environmental Register No. 477
Environmental Register No. 477
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. 477
Environmental Register No. 477
December, 1993/Page
December, 1993/Page 3
3
APPOINTMENTS
continued from page 1
Ms. McFawn, a lawyer, has had significant experience in private practice and with government. She was a partner in the law firm of
Schiff, Hardin & Waite. She worked for the firm from 1985 through 1990, concentrating on environmental matters. She represented
various industries in regulatory and judicial proceedings, including before the Board and the Illinois EPA. Before entering private practice,
from 1981 through 1984, Ms. McFawn worked as an attorney-assistant to three Board members: current Member J. Theodore Meyer,
former Vice-Chairman Irvin Goodman, and former Chairman Jacob D. Dumelle. Prior to working for the Board, she worked as an
enforcement staff attorney for the Air Pollution Control and Public Water Supplies Divisions of the Illinois EPA. Ms. McFawn received her
B.A. in English, with minors in education and philosophy, in 1975 from Xavier University, in Cincinnati, Ohio. She received her Juris
Doctor in 1979 from the Loyola University School of Law in Chicago. She is a member of the American Bar Association and the Illinois
State Bar Association. She was formerly a member of the Chicago Bar Association, Environmental Law Committee.
Mr. Dunham, a biologist and lawyer, has had significant technical and regulatory compliance experience. He was formerly a
Regulatory Compliance Engineer for the Acme Resin Division of Borden, Inc., in Westchester, Illinois, from 1988 until his appointment to
the Board. He had primary responsibility for the environmental, occupational safety and industrial hygiene matters for seven Acme Resin
Division plants, including liaison for the press and governmental agencies, regulatory compliance, and environmental- and safety-related
customer assistance. Between 1985 and 1988, Mr. Dunham was Environmental Manager for The Enterprise Companies, and later
Valspar Corporation, in Chicago, with responsibility for environmental, occupational safety and industrial hygiene matters for numerous
plants, and for advising company management in environmental matters. Mr. Dunham worked for the Water Reclamation District of
Greater Chicago (formerly the Metropolitan Sanitary District of Greater Chicago), in Chicago, from 1973 through 1985. He held positions
as a Pollution Control Officer, in the Industrial Waste Division; a Microbiologist, in the Research Division; and a laboratory technician. Mr.
Dunham received his B.S. in Biology from the University of Illinois at Chicago in 1974, with a minor Chemistry. He earned his M.S. in
Biology in 1981 from Northeastern Illinois University. He has taken courses in Environmental and Chemical Engineering at the Illinois
Institute of Technology, and he received his Juris Doctor, with honors, from the Illinois Institute of Technology, Chicago-Kent College of
Law in 1991. He is an Illinois-licensed Professional Engineer in Training and has been a member of the Illinois Manufacturer's
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
Page
Page 4
4/ December, 1993
/ December, 1993
Environmental Register No. 477
Environmental Register No. 477
Association and the Environmental Quality Committee.
With the announcement of the appointment of two new members, Governor Edgar announced the reappointment of Member Ronald C.
Flemal, of DeKalb, to the Board. Dr. Flemal has served as a member of the Board since 1985. He has participated in and authored
numerous significant Board actions in this time. Some of his most recent contributions have been a set of regulations designed to protect
Illinois groundwaters and a set of regulatory standards for groundwater protection. Prior to his initial appointment, he was a Professor of
Geology at Northern Illinois University, from 1967 to 1985. Dr. Flemal received his Ph.D. in Geology from Princeton University, in New
Jersey, and his B.S. in Geology from Northwestern University, in Evanston. He is a member of the American Association for the
Advancement of Science, the Illinois State Bar Association (lay member), and the Environmental Law Council.
Former Member Joan G. Anderson announced her resignation effective November 15, 1993. Mrs. Anderson, of Western Springs, was
initially appointed to the Board in 1980. During her tenure, Mrs. Anderson authored numerous significant Board decisions. Among the
regulations authored by Mrs. Anderson are most of those pertaining to landfills, hazardous waste, underground injection control, and the
Illinois counterpart to the federal requirements for drinking water. Mrs. Anderson was also a prime architect of the Board's identical-in-
substance rulemaking and adjusted standard procedures. Prior to her appointment to the Board, Mrs. Anderson served three years as
the Director of the Department of Registration and Education; served as an elected Commissioner of the Water Reclamation District of
Greater Chicago (formerly the Metropolitan Sanitary District of Greater Chicago); was an elected Trustee of the College of DuPage,
serving as its Vice-Chairman; was an elected delegate to the 1970 Sixth Constitutional Convention, which drafted the current Illinois
Constitution; and was a special consultant to the Illinois Department of Local Government Affairs. Mrs. Anderson received her B.S. in
bacteriology, with highest honors, with dual minors in chemistry and mathematics, from the University of Illinois at Champaign-Urbana.
Mrs. Anderson has served in various capacities with a number of boards and committees. Included among these are the State
Comptroller's County Audit Advisory Committee, the State Advisory Council for Solid Waste Management Grants, the Institute of
Government and Public Affairs at the University of Illinois, the Board of Trustees of Illinois 2000, the State Board of the League of
Women Voters, the Cook County League of Women Voters, and the American Association of University Women. The Board deeply
appreciates that Mrs. Anderson's public contributions included service on the Board.
CHICAGO RACT continued from page 1
(CAAA) required Illinois to have adopted and submitted its
proposed SIP by November 15, 1992. The purpose of the R93-
14 proposed amendments is to make certain modifications to
Parts 211 and 218 for U.S. EPA approval. Among other
amendments, the proposed amendments would make the RACT
regulations applicable to sources that emit more than 25 tons of
volatile organic material per year in the Chicago metropolitan
area. The existing regulations impose a 100 ton per year thresh-
hold.
The Administrative Procedure Act (5 ILCS 100/1-1
et seq.
)
allows JCAR 45 days to review the proposed amendments.
Either after JCAR has issued a Certificate of No Objection or 45
days have elapsed since JCAR received the Second Notice
package, the Board can proceed to adopt them. Direct questions
to Elizabeth S. Harvey, at 312-814-6921. (Please refer to docket
R93-14.)
AMENDMENTS TO EXISTING SITE-SPECIFIC RULE
PROPOSED FOR FIRST NOTICE, R93-8
On November 18, 1993, the Board proposed amendments to a
site-specific rule for Second Notice. The site-specific water
pollution control rule involved applied to UNO-VEN's
predecessor-in-interest, Union Oil Co. of California, for the
effluent from a refinery located in Will County, near Lemont. The
Chicago Sanitary and Ship Canal is the receiving stream.
The proposed amendments would change the rule to reflect
the change in ownership of the facility to the petitioner, UNO-
VEN Co.; they would add a monthly-averaged concentration-
based effluent limitation for ammonia nitrogen; the amendments
would require annual reporting of nitrogen in feedstock; and they
would extend the ultimate expiration date of the rule until
December 31, 2001.
The Board proposed the amendments on August 26, 1993 for
First Notice publication in the
Illinois Register
. (
Issue 474, Sept
9, 1993.
) The Board will be free to adopt the proposed
amendments after either the Joint Committee on Administrative
Rules (JCAR) submits its Certificate of No Objection or 45 days
have elapsed from when JCAR received the Second Notice
package, whichever comes first. Direct questions to Diane
O'Neill, at 312-814-6062. (Please refer to docket R93-8.)
REPEAL OF STAGE II VAPOR RECOVERY PROPOSED FOR
FIRST NOTICE FOR THE METRO-EAST AREA, R93-28
On November 4, 1993, the Board proposed the repeal of the
Stage II vapor recovery rules that presently apply in the
metropolitan East St. Louis statistical area (Madison, Monroe,
and St. Clair Counties in Illinois). The Stage II rules require
gasoline dispensers (primarily gasoline service stations) to install
and maintain equipment to control the release of gasoline vapors
while dispensing fuel. The rules are a part of the reasonably
available control technology (RACT) regulations for the control of
ground-level ozone formation in the Metro East non-attainment
area.
The Illinois EPA (Agency) filed a proposal on October 21, 1993
for the repeal of these regulations. The Agency indicated that
the U.S. EPA intends to promulgate regulations requiring on-
board vehicle controls for gasoline vapor recovery systems. This
federal action, which will possibly obviate the need for controls at
the dispensing facility, are anticipated by the end of January,
Environmental Register No. 477
Environmental Register No. 477
December, 1993/Page
December, 1993/Page 5
5
1994. The Board granted an Agency motion for expedited
decision on October 21, 1993 (
issue 476, Nov. 3, 1993
) and
proposed the repeal, contingent on the appearance of the new
U.S. EPA on-board vehicle controls, so that no time is lost in the
repeal of the Stage II rules if they prove no longer necessary for
the Metro East area.
The Board adopted the Stage II regulations on August 13,
1992, in docket R91-30. (
Issue 456, Sept. 2, 1992.
) In docket
R93-10, the Board adopted an emergency rule on petition from
the Agency that had the effect of delaying a May 1, 1993
effective date until October 15. In that proceeding, the Agency
indicated its intent to file for a repeal of the regulations. (
Issue
471, June 16, 1993.
) The proposed repeal would not affect the
similar Stage II vapor recovery rules that presently apply in the
Chicago metropolitan area. Direct questions to Michelle C. Dres-
dow, at 815-753-0947. (Please refer to docket R93-28.)
PETITION ACCEPTED FOR AMENDMENTS TO
GROUNDWATER QUALITY STANDARDS, R93-27
On November 4, 1993, the Board accepted a petition for
rulemaking for hearing from the Illinois EPA (Agency). The
petition, filed October 18, 1993, proposed that the Board amend
the Illinois groundwater quality standards of Part 620 of the
Board's rules to include additional contaminants. These
contaminants are chemical species for which the U.S. EPA has
adopted maximum contaminant levels for the purposes of the
Safe Drinking Water Act regulations (found at 40 CFR 141 and
35 Ill. Adm. Code 611). The Board found that the rulemaking
proposal substantially meet the requirements for such a proposal
and accepted it for hearing, authorizing the hearing officer to
require the Agency to provide any additional necessary
information. Direct questions to Michelle C. Dresdow, at 815-
753-0947. (Please refer to docket R93-27.)
APPELLATE UPDATE
FIFTH DISTRICT AFFIRMS BOARD
AFFIRMANCE OF LOCAL SITING APPROVAL
In a decision filed November 23, 1993, in case no. 5-
91-0807, the Fifth District Appellate Court affirmed the
Board's October 10, 1991 affirmance of a regional
pollution control facility approval in PCB 91-106:
Worthen v. Village of Roxana
. The court determined that
it had jurisdiction to hear the appeal, that the Board had
employed the proper standard of review, that the Board's
decision on the merits of the proposed landfill was not
against the manifest weight of the evidence, and that the
Solid Waste Planning and Recycling Act did not preclude
acceptance of wastes from outside the county involved.
The court confronted the issue of whether it had
jurisdiction under unique circumstances. The petitioners
for appellate review had filed its petition within the 35
days required by Section 41(a) of the Act, but it named
only the respondents before the Board as respondents on
appeal. The petitioners promptly moved to amend the
caption to name the Board as a respondent, but not within
the 35 day limit. The respondents had, however, timely
served the Board with the petition. The court held that
despite the fact that Supreme Court Rule 335 requires the
naming of the Board as a respondent in the caption, the
case law that would deprive it of jurisdiction and require
dismissal of the appeal did not apply in the narrow
circumstances of this appeal. The court concluded that
where the petitioners inadvertently did not name a
necessary respondent in the caption, the appellate court
has jurisdiction to hear the appeal where that respondent
was timely served with the petition and the petitioners
promptly moved to amend the caption to correct the
defect.
The Fifth District followed other recent decisions and
determined that it did not lack jurisdiction because the
petitioners did not move for Board reconsideration. The
Board had argued that dismissal was required because the
petitioners had not filed such a motion before filing their
appeal. Noting the recent decisions of the Third and
Fourth Districts in
Strube v. PCB
(3d Dist. 1993), 242
Ill. App. 3d 822, 610 N.E.2d 717,
Grigoleit Co. v. PCB
(4th Dist. 1993), 245 Ill. App. 3d 337, 613 N.E.2d 371,
and
Land & Lakes Co. v. PCB
(3d Dist. 1993), 245 Ill.
App. 3d 631, 616 N.E.2d 349, the court followed them.
(
See issues 468, Apr. 7, 1993; 470, May 19, 1993 & 471,
June 16, 1993.
) It held that a motion for Board
reconsideration was not a necessary prerequisite to an
appeal under the doctrine of exhaustion of administrative
remedies because the Board renders its decisions as a
whole.
The court further determined that the Board had
employed the proper standard of review in rendering its
decision and that that decision was supported by the
manifest weight of the evidence. The petitioners had
argued that the essential facts were not in dispute, so the
Board should have determined the issues as matters of
law. The Board had concluded that the issues before it
were issues of fact and mixed issues of fact and law, so it
must employ the "manifest weight of the evidence"
standard of review. The court concluded that since the
facts were disputed, the appropriate standard was the
"manifest weight" standard--both before the Board and
before the court. Therefore, the Board had applied the
appropriate standard.
The court then affirmed the Board's decision on the
merits of the application for approval. In the course of
this review, the Fifth District significantly upheld the
Board's conclusion that it is for the applicant for siting
approval to determine the are planned to be served by the
facility, and the court found that the petitioners had no
authority for their contention that a regional pollution
control facility may accept waste from only that area.
The court also significantly held that the unit of local
government involved was free to interpret the regional
waste plan involved, notwithstanding the testimony of
that plan's author as to its terms. The court agreed with
the Board that the record included conflicting evidence
on the plan's terms because the author was not a person
in authority in the county for which he drafted it.
As a final issue, the Fifth District confronted whether
the Solid Waste Planning and Recycling Act (415 ILCS
15/1
et seq
.) precludes importation of waste from outside
a county required to adopt a waste management plan.
The petitioners had argued that this was true for new and
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6/ December, 1993
/ December, 1993
Environmental Register No. 477
Environmental Register No. 477
expanding landfills. The court held that the requirement
to plan for locally-generated waste needs did not include
such a limitation.
FIFTH DISTRICT AFFIRMS A BOARD REVERSAL
OF AN AGENCY REIMBURSEMENT DETERMIN-
ATION AND ADJUSTMENT OF THE DEDUCTIBLE
AMOUNT; THE BOARD IS LIMITED TO THE
AGENCY RECORD IN APPEALS OF UST REIM-
BURSEMENT DETERMINATION APPEALS
The Fifth District Court of Appeals affirmed a Board
underground storage tank reimbursement determination
appeal in a decision dated November 23, 1993, in
EPA v.
PCB
, no. 5-92-0468. The court determined that the
Board properly restricted the scope of its review to the
record before the Agency at the time it made its
deductibility determination and the manifest weight of the
evidence supported the Board's conclusion in
Clinton
County Oil Co. v. EPA
(June 4, 1992), PCB 91-163, that
the tank owner did not have notice of the leak prior to
July 28, 1989.
The applicant for reimbursement had removed the
registered tanks at issue late in 1988. In the course of
tank removal, the applicant and other persons present,
including a representative of the Office of the State Fire
Marshall, did not notice any soil or groundwater
contamination in the excavation. In 1991, the applicant
discovered significant subsurface contamination and
engaged in extensive remediation. The applicant
submitted for reimbursement from the Agency, stating
that the contamination resulted from a tank overfill. The
Agency requested additional information and later
determined that the applicant was eligible for
reimbursement at a deductible amount of $ 50,000
because the applicant must have been aware of the
release in 1988 when it excavated the tanks. At hearing
before the Board, several witnesses testified that there
was no release apparent when the tank was excavated in
1988. The Agency later argued in its post-hearing brief
that the applicant was wholly ineligible for
reimbursement because it had known of the product
overfill prior to 1989 and the record indicated that the
applicant had falsified its reimbursement application.
On review, the Board held that it was constrained to
decide on the record before the Agency when the Agency
made its eligibility determination. The Board held that
eligibility was beyond the scope of its review and
concluded from the Agency record and the testimony of
the witnesses that the applicant was not aware of the
release prior to 1989. The Board therefore adjusted the
deductible amount to $ 10,000. The Agency appealed
the Board's decision.
The appellate court rejected the Agency's arguments
that the Board must consider the applicant's eligibility for
reimbursement. The court rejected cases involving
NPDES permit appeals as support for the argument that
the Board should have considered hearing evidence on
the issue of eligibility; the court noted that Board
procedural rule 105.102(b)(8) pertains only to the special
case of NPDES appeals. The court held that Illinois case
law restricts the Board to the Agency record upon which
it made its eligibility determination. It rejected the
Agency's arguments based on its limited resources to
investigate claims before determining eligibility. The
court held that fundamental fairness would not allow the
Agency to reopen a "final determination" on eligibility on
appeal--even when new evidence drew that determination
into question. The court stated that the Agency has an
unrestricted opportunity to engage in inquiry before
making its decision, and it noted that the Agency had
actually done so in this instance and recieved additional
information from the applicant upon request.
On the issue of whether the applicant was aware of the
release when it unearthed the tanks in 1988, the court
held that the manifest weight of the evidence supported
the Board's conclusion that it was not. The court noted
that the hearing testimony of several witnesses present
when the tanks we removed indicated that none saw any
apparent contamination. The court stated that the
Agency's only evidence that the applicant was aware of
the contamination was based on the 1988 removal of the
tanks.
FOR YOUR INFORMATION
BOARD MEMBER DELIVERS SEMINAR
Board Member G. Tanner Girard delivered an
environmental engineering seminar on November 17,
1993.
Environmental Register No. 477
Environmental Register No. 477
December, 1993/Page
December, 1993/Page 7
7
This seminar, conducted at the Robert R. McCormick
School of Engineering and Applied Science of North-
western University, in Evanston, was for graduate
engineering students and professors. Dr. Girard spoke on
environmental regulation in Illinois.
FINAL ACTIONS
FINAL ACTIONS - November 4, 1993, 1993 BOARD MEETING
- November 4, 1993, 1993 BOARD MEETING
91-157
People of the State of Illinois v. The
Grigoleit Company - The Board granted a
joint motion to modify the Board's order
entered October 21, 1993 on a stipulation
and settlement agreement in this land
enforcement action against a Macon County
facility.
91-234
Safety-Kleen Corporation v. EPA - The
Board granted voluntary dismissal of this
RCRA permit appeal involving a Tazewell
and Peoria County facility.
91-257
Commonwealth Edison Company (Cordova
Facility) v. EPA - The Board granted
voluntary withdrawal of this NPDES permit
appeal involving a Rock Island County
facility.
92-68
People of the State of Illinois v. Chem-Plate
Industries, Inc. - The Board accepted a
stipulation and settlement agreement filed by
the parties in this land enforcement action
against a Cook County facility, ordered the
respondent to pay a civil penalty of
$8000.00, and ordered the respondent to
cease and desist from further violation.
93-76
Nicor National Illinois, Inc. v. EPA - The
Board granted voluntary dismissal of this
RCRA permit appeal involving a Madison
County facility.
93-105
Divane Bros. Electric Co. v. EPA - The
Board granted the Agency's motion for
summary judgment and dismissed this
underground storage tank reimbursement
determination appeal involving a Cook
County facility. J. Anderson dissented.
93-140
CP Inorganics, Inc. v. EPA - The Board
granted voluntary dismissal of this air
permit appeal involving a Will County
facility.
93-147
Village of Grantfork v. EPA - The Board
granted this Madison County facility a
variance with conditions until February 28,
1996 from the standards of issuance and
restricted status provisions of the public
water supplies regulations, as they relate to
the total trihalomethanes (TTHM) standard
in drinking water.
93-163
Villages of Granville & Mark v. EPA - The
Board granted this Putnam County facility a
variance with conditions until November 4,
1998 from the standards of issuance and
restricted status provisions of the public
water supplies regulations, as they relate to
the standards for combined radium-226 and
radium-228 in drinking water.
93-208
Shell Oil Company v. EPA - Upon receipt
of an Agency recommendation, the Board
granted a 45-day provisional variance from
the Stage II vapor recovery requirements of
the air pollution control regulations for 121
of the petitioner's facilities located in Cook,
DuPage, Kane, Lake, McHenry and Will
Counties.
93-209
Calumet Park Citgo v. EPA - Upon receipt
of an Agency recommendation, the Board
granted a 45-day provisional variance from
the Stage II vapor recovery requirements of
the air pollution control regulations for the
petitioner's facility located in Cook County.
93-210
Bell Fuels, Incorporated v. EPA - Upon
receipt of an Agency recommendation, the
Board granted a 45-day provisional variance
from the Stage II vapor recovery
requirements of the air pollution control
regulations for the petitioner's facility
located in Kane County.
93-211
Bargeway Oil Company v. EPA - Upon
receipt of an Agency recommendation, the
Board granted a 45-day provisional variance
from the Stage II vapor recovery
requirements of the air pollution control
regulations for the petitioner's facility
located in DuPage County.
93-212
Mobil Oil Corporation v. EPA - Upon
receipt of an Agency recommendation, the
Board granted a 45-day provisional variance
from the Stage II vapor recovery
requirements of the air pollution control
regulations for 46 of the petitioner's
facilities located in Cook, DuPage, Lake,
and Will Counties.
AC 91-32
County of Ogle v. Rochelle Disposal
Service, Inc., and City of Rochelle, Illinois
- The Board granted reconsideration and
reaffirmed its order of September 23, 1993
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8/ December, 1993
/ December, 1993
Environmental Register No. 477
Environmental Register No. 477
that assessed hearing costs incurred by the
Board and County and a civil penalty of
$1,000.00 against this Ogle County
respondent.
AC 92-64
County of Ogle v. Rochelle Disposal
Service, Inc., and City of Rochelle, Illinois
- The Board granted reconsideration and
reaffirmed its order of August 26, 1993 that
assessed hearing costs incurred by the Board
and County and a civil penalty of $500.00
against this Ogle County respondent.
AC 93-6
Sangamon County v. Ruth Ann Sheppard
and Steve Sheppard - The Board found that
this Sangamon County respondent had
violated Section 21(p)(1) of the Act, ordered
the respondents to pay a civil penalty of
$500.00, and required the county to file a
statement of hearing costs within 30 days.
AC 93-40
Sangamon County v. Carl Sennings - The
Board entered a default order finding that
this Sangamon County respondent had
violated Section 21(p)(1) of the Act and
ordered the
respondent to pay a civil penalty of $500.00.
AC 93-41
Sangamon County v. Stanley Ray Stewart -
The Board entered a default order finding
that this Sangamon County respondent had
violated Section 21(p)(1), 21(p)(2), and
21(p)(3) of the Act and ordered the
respondent to pay a civil penalty of
$1,500.00.
AC 93-43
IEPA v. Joseph C. Powell and Della I.
Powell - The Board entered a default order
finding that this Menard County respondent
had violated Section 21(p)(1) and 21(p)(5) of
the Act and ordered the respondents to pay a
civil penalty of $1,000.00.
AC 93-44
IEPA v. Atkinson Landfill Company - The
Board entered a default order finding that
this McHenry County respondent had
violated Section 21(p)(5) of the Act and
ordered the respondent to pay a civil penalty
of $500.00.
AC 93-55
Sangamon County v. Lou Messervy - The
Board granted voluntary dismissal of this
administrative citation filed against a Sanga-
mon County respondent.
AS 93-3
Petitioner of Douglas Furniture of California
and the Illinois Environmental Protection
Agency for an Adjusted Standard from 35
Ill. Adm. Code 218.204 - The Board
granted this Cook County facility an
adjusted standard from limitation on volatile
organic material content of coating used in
the Chicago metropolitan non-attainment
area for ozone.
NEW CASES
NEW CASES - November 4, 1993, 1993 BOARD MEET
- November 4, 1993, 1993 BOARD MEETING
ING
93-166
Mobil Oil Corporation v. EPA - The Board
accepted for hearing the amended petition
for an air variance, which involves 95
facilities located in various counties in the
Chicago ozone nonattainment area.
93-178
General Chemical Corporation (Chemical
Manufacturing Plant) v. EPA - The Board
accepted the amended petition and held this
for air variance involving a St. Clair County
facility for the Agency's recommendation.
93-195
City of Herrin v. EPA - The Board accepted
this land permit appeal for hearing involving
a Williamson County facility.
93-196
TRW, Inc. v. EPA - The Board requested an
amended petition for a variance from certain
of the air pollution control regulations for its
Clark County facility.
93-197
UNO-VEN Company v. EPA - The Board
accepted the petition for a variance from
certain of the water pollution control
regulations for this Will County facility and
held this matter for the Agency's
recommendation.
93-202
Horsehead Resource Development
Company, Inc. v. EPA - The Board
accepted this land permit appeal for hearing
involving a Cook County facility.
93-203
The Galesburg Sanitary District v. EPA -
The Board accepted this NPDES permit
appeal for hearing involving a Nox County
facility.
93-204
Mark and Jeanne Doruff, William and
Marla Bolen, Ralph and Karen Nuzzo, Gary
Environmental Register No. 477
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December, 1993/Page
December, 1993/Page 9
9
and Valerie Braun, Roman and Geri Maluk,
Jagvir and Vicki Singh, Arthur and Nellie
Reyes, and Dan Rodiguez v. Bloomingdale
Elementary School District 13 and FGM,
Inc. - The Board held this citizens' noise
enforcement action against a DuPage
County facility for a frivolous and
duplicitous determination.
93-205
Safety-Kleen Corporation (Dolton Recycle
Center) v. EPA - The Board accepted this
RCRA permit appeal for hearing involving a
Cook County facility.
93-206
Safety-Kleen Corporation (Pekin Service
Center) v. EPA - The Board accepted this
RCRA permit appeal for hearing involving a
Tazewell County facility.
93-207
Naval Training Center Great Lakes, United
States Department of the Navy v. EPA - The
Board requested an amended petition in this
air variance proceeding involving a Lake
County facility.
93-208
Shell Oil Company v. EPA -
See Final
Actions.
93-209
Calumet Park Citgo v. EPA -
See Final
Actions.
93-210
Bell Fuels, Incorporated v. EPA -
See Final
Actions.
93-211
Bargeway Oil Company v. EPA -
See Final
Actions.
93-212
Mobil Oil Corporation v. EPA -
See Final
Actions
.
FINAL ACTIONS
FINAL ACTIONS - November 18, 1993, 1993 BOARD MEETING
- November 18, 1993, 1993 BOARD MEETING
92-101
Shell Oil Company (Wood River
Manufacturing Complex) v. EPA - The
Board granted voluntary dismissal of this air
permit appeal involving a Madison County
facility.
92-180
We-Shred-It, Inc. v. EPA - The Board
granted We-Shred-It a variance for its
Christian County facility, subject to
conditions, from certain of the land
pollution control regulations relating to
storage of used tires.
93-39
Kewanee Community Unit School District
No. 229 v. EPA - The Board granted the
petitioner's motion to dismiss with
prejudice this underground storage tank
reimbursement appeal involving a Henry
County facility.
93-123
Earl Luster Trust v. EPA - The Board
granted voluntary dismissal of this
underground storage tank reimbursement
appeal involving a Christian County facility.
93-156
LaSalle National Bank T/U/T 4699 v. EPA -
The Board granted voluntary dismissal of
this underground storage tank
reimbursement appeal involving a Cook
County facility.
93-217
The Hertz Corporation v. EPA - Upon
receipt of an Agency recommendation, the
Board granted a 45-day provisional variance
from the Stage II vapor recovery
requirements of the air pollution control
regulations for the petitioner's facility
located in Cook County.
93-218
Delta Sonic Carwash Systems, Inc. v. EPA -
Upon receipt of an Agency
recommendation, the Board granted a 45-
day provisional variance from the Stage II
vapor recovery requirements of the air
pollution control regulations for the
petitioner's facility located in Cook County.
93-219
Frank Service, Inc. v. EPA - Upon receipt
of an Agency recommendation, the Board
granted a 45-day provisional variance from
the Stage II vapor recovery requirements of
the air pollution control regulations for the
petitioner's facility located in Cook County.
93-220
Seneca Corporation, Moutray's Amoco v.
EPA - Upon receipt of an Agency
recommendation, the Board granted a 45-
day provisional variance from the Stage II
vapor recovery requirements of the air
pollution control regulations for the
petitioner's facility located in Kane County.
93-221
Naval Training Center Great Lakes, United
States Department of the Navy v. EPA -
Upon receipt of an Agency
recommendation, the Board granted a 45-
day provisional variance from the Stage II
vapor recovery requirements of the air
pollution control regulations for the
petitioner's facility located in Lake County.
93-222
Martin Oil Marketing, Ltd. v. EPA - Upon
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/ December, 1993
Environmental Register No. 477
Environmental Register No. 477
receipt of an Agency recommendation, the
Board granted a 45-day provisional variance
from the Stage II vapor recovery
requirements of the air pollution control
regulations for 8 of the petitioner's facilities
located in Cook and DuPage Counties.
93-223
SuperAmerica Group, Inc. v. EPA - Upon
receipt of an Agency recommendation, the
Board granted a 45-day provisional variance
from the Stage II vapor recovery
requirements of the air pollution control
regulations for 7 of the petitioner's facilities
located in Cook, DuPage, and Lake
Counties.
93-224
T.M.L. Associates Inc. d/b/a Amoco Food
Shop, The Crossing v. EPA - Upon receipt
of an Agency recommendation, the Board
granted a 45-day provisional variance from
the Stage II vapor recovery requirements of
the air pollution control regulations for the
petitioner's facility located in Kane County.
AC 93-39
IEPA v. Clinton Landfill, Inc. - The Board
granted the joint motion to replace Clinton
Landfill replace Peoria Disposal as named
respondent, entered an order finding that the
respondent had violated Section 21(o)(2) and
21(o)(5) of the Act at its DeWitt County
facility, and ordered the respondent to pay a
civil penalty of $1,000.00.
AC 93-46
County of Jackson v. Robert Waldron - The
Board entered a default order, finding that
the respondent had violated Section
21(p)(1), 21(p)(3), and 21(p)(5) of the Act at
its Jackson County facility, and ordered the
respondent to pay a civil penalty of
$1,500.00.
AC 93-47
County of Jackson v. Richard Wallace - The
Board entered a default order, finding that
the
respondent had violated Section 21(p)(1) of
the Act at its Jackson County facility, and
ordered the respondent to pay a civil penalty
of $500.00.
AC 93-48
IEPA v. Raymond Carter and Pamela S.
Carter - The Board entered a default order,
finding that the respondents had violated
Section 21(p)(1) of the Act at its Macoupin
County facility, and ordered the respondents
to pay a civil penalty of $500.00.
AC 93-49
County of Jackson v. Patrick Cheak - The
Board entered a default order, finding that
the respondent had violated Section 21(p)(1)
and 21(p)(5) of the Act at its Jackson
County facility, and ordered the respondent
to pay a civil penalty of $500.00.
AC 93-50
Sangamon County v. Peter Rapacz - The
Board entered a default order, finding that
the respondent had violated Section 21(p)(1)
and 21(p)(3)of the Act at its Sangamon
County facility, and ordered the respondent
to pay a civil penalty of $1,000.00.
AC 93-51
Sangamon County v. Peter Rapacz - The
Board entered a default order, finding that
the respondent had violated Section 21(p)(1)
and 21(p)(3) of the Act at its Sangamon
County facility, and ordered the respondent
to pay a civil penalty of $1,000.00.
AC 93-58
Williamson County Solid Waste Office v.
Jim Jobe - The Board found that service
upon the Board was not perfected within the
10 day time period, thereby depriving the
Board of jurisdiction in this matter, and
dismissed this administrative citation against
the respondent for alleged violations at his
Williamson County facility.
AS 93-2
In the Matter of: Petition of Borden
Chemicals & Plastics Operating Limited
Partnership for an Adjusted Standard from
35 Ill. Adm. Code 302.208 - The Board
granted this Sangamon County facility an
adjusted standard from the general use water
quality standard for sulfate.
NEW CASES
NEW CASES - November 18, 1993, 1993 BOARD MEET
- November 18, 1993, 1993 BOARD MEETING
ING
93-183
Edgewater Beach Apartments Corp. v. EPA
- The Board accepted the amended petition
for review of an Agency underground
storage tank reimbursement determination
for hearing involving a Cook County
facility.
93-213
Texaco Refining and Marketing, Inc. (Lock-
port Plant) v. EPA - The Board accepted
this RCRA permit appeal for hearing
involving a Will County facility.
93-214
People of the State of Illinois v. Handy &
Harman - Upon receipt of proposed
stipulation and settlement agreement and an
agreed motion for relief from the hearing
requirement in this air enforcement action
against a Cook County facility, the Board
ordered publication of the required
newspaper notice.
Environmental Register No. 477
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December, 1993/Page
December, 1993/Page 11
11
93-215
Marvin Damron v. IEPA and Tomahawk
Group, Inc. - The Board requested an
amended petition in this third party NPDES
permit appeal involving a Henry County
facility.
93-216
People of the State of Illinois v. Aluminum
Coil Anodizing Corporation - Upon receipt
of proposed stipulation and settlement
agreement and an agreed motion for relief
from hearing the requirement in this air
enforcement action against a Cook County
facility, the Board ordered publication of the
required newspaper notice.
93-217
The Hertz Corporation v. EPA -
See Final
Actions.
93-218
Delta Sonic Carwash Systems, Inc. v. EPA -
See Final Actions.
93-219
Frank Service, Inc. v. EPA -
See Final
Actions.
93-220
Seneca Corporation, Moutray's Amoco v.
EPA -
See Final Actions.
93-221
Naval Training Center Great Lakes, United
States Department of the Navy v. EPA -
See
Final Actions.
93-222
Martin Oil Marketing, Ltd. v. EPA -
See
Final Actions.
93-223
SuperAmerica Group, Inc. v. EPA -
See
Final Actions.
93-224
T.M.L. Associates Inc. d/b/a Amoco Food
Shop, The Crossing v. EPA -
See Final
Actions.
93-225
People of the State of Illinois v. Parkview
Metal Products, Inc. - The Board accepted
this air enforcement action against a Cook
County facility for hearing.
93-226
Dimitri's Auto Service v. EPA - The Board
accepted this underground storage tank
reimbursement appeal for hearing involving
a facility in Cook County.
93-227
Village of Princeville v. EPA - The Board
held this public water supply variance
petition involving a Peoria County facility
for the Agency's recommendation.
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 resched-
uling without notice. Confirmation of hearing dates and times is available from the Clerk of the Board at 312- 814-6931.
December 2
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Ran-
dolph St., Conference Room 9-040, Chicago.
December 6
9:00 a.m.
PCB 93-138
P-A, RCRA
Safety-Kleen Corp. (Urbana Service Center Facility) v. EPA - Urbana City
Building, First Floor, 400 South Vine Street, Urbana.
December 6
11:30 a.m.
PCB 93-162
P-A, Land
Wilmer Brockman, Jr. and First Midwest Bank of Joliet v. EPA, Government
Center, County Board Room, 707 Etna Road, Ottawa.
December 7
1:00 p.m.
R93-28
R, Air
In the Matter of: Stage II Vapor Recovery in the Metro East Area: Repeal of 35
Ill. Adm. Code 219.586, Illinois Department of Transportation, 1100 Eastport
Plaza, Classroom, Collinsville.
December 8
10:00 a.m.
R93-24
R, Air
In the Matter of: Amendments to the Rules for Permit Appeals and Hearings
Pursuant to Specific Rules, 35 Ill. Adm. Code 105 and 106 - Capitol Building,
Room 400, Springfield.
Page
Page 12
12/ December, 1993
/ December, 1993
Environmental Register No. 477
Environmental Register No. 477
December 8
9:30 a.m.
R93-26
R, Land
In the Matter of: Amendments to the Rules for Clean Air Act Permit Appeals and
Hearings Pursuant to Specific Rules, 35 Ill. Adm. Code 105 & 106 - Capitol
Building, Room 400, Springfield.
December 15
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.
December 16
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Ran-
dolph St., Conference Room 9-040, Chicago.
December 17
10:00 a.m.
PCB 93-195
P-A, Land
City of Herrin v. EPA - State of Illinois Regional Office Building, 2309 West Main
Street, West Conference Room, Marion.
December 23
10:00 a.m.
PCB 92-33
UST-E,
Citizens
Erich J. Mandel v. Thaddeus G. Kulpaka - James R. Thompson Center, Suite 11-
500, 100 West Randolph Street, Chicago.
December 29
10:00 a.m.
PCB 93-151
W-V, NPDES
Mobil Oil Corporation (Joliet Refinery) v. EPA - Will County Office Building,
Board Room, 2nd Floor, 302 North Chicago Street, Joliet.
January 6
10:00 a.m.
PCB 93-128
P-A, RCRA
National Coatings, Inc. v. EPA - County Board Room, Knox County Courthouse,
200 South Cherry Street, Galesburg.
January 10
9:00 a.m.
PCB 91-197
P-A, RCRA
Cabot Corporation (Tuscola Facility) v. EPA - Douglas County Courthouse, First
Floor, County Board Room, 401 South Center Street, Tuscola.
January 11
10:00 a.m.
PCB 93-183
UST-FRD
Edgewater Beach Apartments Corp. v. EPA - James R. Thompson Center, Suite
11-500, 100 West Randolph Street, Chicago.
January 14
10:00 a.m.
PCB 93-226
UST-FRD
Dimitri's Auto Service v. EPA - Evergreen Park Village Hall, Board Room, 2nd
Floor, 9418 South Kedzie Avenue, Evergreen Park.
January 24
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.
January 27
10:00 a.m.
R93-26
R, Air
In the Matter of: Amendments to New Source Review Rules, 35 Ill. Adm. Code
203 - Illinois Pollution Conrol Board, 600 South Second Street, Springfield.
February 2
9:00 a.m.
AC 93-42
AC
Sangamon County v. Norman Clark and Brenda Bertrand (Springfield
Township/Clark) SCDPH-93-AC-9 - Illinois Pollution Conrol Board, 600 South
Second Street, Springfield.
February 16
10:00 a.m.
PCB 91-11
P-A, RCRA
Burlington Northern Railroad Company v. EPA - Knox County Courthouse, 200
South Cherry Street, Galesburg.
Calendar Code
A-C
Administrative Citation
A-E
Air Enforcement
A-S
Adjusted Standard
A-V
Air Variance
CSO
Combined Sewer
L-E
Land Enforcement
Overflow Exception
L-S-R
Landfill Siting Review
L-V
Land Variance
N-E
Noise Enforcement
N-V
Noise Variance
P-A
Permit Appeal
PWS-E
Public Water Supply Enforcement
PWS-V
Public Water Supply Variance
R
Regulatory Proceeding
S0
2
S0
2
Alternative Standards
SWH-E
Special Waste Hauling Enforcement
SWH-V
Special Waste Hauling Variance
T
Thermal Demonstration Rule
(35 ILL. ADM. CODE 302.211(F)
T-C
Tax Certifications
T-S
Trade Secrets
W-E
Water Enforcement
W-V
Water Variance
WWS
Water-Well Setback Exception
UST-E
Underground Storage Tank Enforcement
UST-FRD
Underground Storage Tank Fund Reimbursement Determination
Environmental Register No. 477
Environmental Register No. 477
December, 1993/Page
December, 1993/Page 13
13
Printed by Authority of the State of Illinois, December, 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
Emmett E. Dunham, II
Ronald C. Flemal
G. Tanner Girard
Elmhurst, Illinois
DeKalb, Illinois
Grafton, Illinois
Marili McFawn
J. Theodore Meyer
Michael L. Nardulli
Palatine, 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.