9402-479.doc

Printed on Recycled Paper

NVIRONMENTAL

EGISTER

Illinois Pollution Control Board News

No. 479

February, 1994

GOVERNOR SIGNS ENHANCED VEHICLE EMISSIONS INSPECTION BILL

On January 18, 1994, the Governor signed Public Act 88-533 into law (formerly House Bill 1249). This act creates an

"enhanced" vehicle Inspection and Maintenance (I&M) program (commonly known as the "vehicle emissions inspection law"),

as mandated by the Clean Air Act Amendments of 1990. Failure of Illinois to enact the new, stricter program could have

resulted in the state's loss of $710 million in federal road funds.

ENHANCED I&M

continued on page 2

NEW ADDITIONS TO BOARD TECHNICAL AND LEGAL STAFF

The Board recently filled vacancies in its staff with two new employees. All will work primarily out of the Board's Chicago

office. The added personnel are Hiten Soni, an environmental scientist, Kevin G. Desharnais, attorney-assistant to Member

Marili McFawn. The Board has also engaged Audrey L. Lozuk, a law clerk.

NEW STAFF

continued on page 3

RULE

RULEMAKING UPDATE

MAKING UPDATE

CLEAN AIR ACT CHICAGO OZONE RACT 25 TONS PER YEAR

RULEMAKING PROPOSED FOR SECOND NOTICE, R93-14

On January 6, 1994, the Board voted to adopt, 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, and proposed

the matter for Second Notice review by the Joint Committee on

Administrative rules (JCAR) on November 18, 1993. (

See issue

477, Dec. 1, 1993

.) The 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 Amend

ments of 1990 (CAAA)

required Illinois to have adopted and submitted its proposed SIP by

November 15, 1992. The purpose of the R93-14 proposed

amendments was to make certain modifications to Parts 211 and

218 for U.S. EPA approval. Among other things, the amendments

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 previous regulations imposed a 100 ton per

year threshold. Direct questions to Elizabeth S. Harvey, at 312-814-

6921. (Please refer to docket R93-14.)

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.

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

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2/ February, 1994

/ February, 1994

Environmental Register No. 479

ENHANCED I&M

continued from page 1

The new I&M program provisions expand the two geographic areas of Illinois in which vehicle owners were previously required to have their

cars periodically tested for ozone harmful exhaust emissions (the northeastern metropolitan Chicago region and the bi-state Metro East St.

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 Don Brown at the Board Offices 312-814-3461.

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 1993

(July 1, 1992 through June 30,

1993)

ARE AVAILABLE FOR IMMEDIATE DELIVERY.

The cost is $350.00 per set.

Two formats are offered starting July 1 of last 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 WordPer-

fect 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 electron-

ic 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. 479

February, 1994/Page

February, 1994/Page 3

Louis area). The new I&M provisions also replace the old "tailpipe test" and tamper check with a much more comprehensive treadmill device

that will test the vehicle for greater variety of exhaust emissions under a number of different operating conditions. Finally, the new I&M program

makes permanent a pilot program begun last year by the IEPA commonly known as "Cash for Clunkers". Under that program employers may

receive credit for purchasing older, more polluting cars from their employees for scrap.

With regard to Board rulemaking, P.A. 88-533 will require the Board to adopt identical-in-substance rules to implement the new I&M testing

program within 120 days of receiving proposed rules from the Agency. It will also require the Board to adopt rules for the implementation of the

Agency's Cash for Clunkers program within 180 days of when the time the Agency submits a proposal for such rules.

NEW STAFF

continued from page 1

Mr. Soni is a candidate for a M.S. in Environmental Engineering from the Illinois Institute of Technology. He received his B.S. in Chemistry

from that institution. His research thesis concerned anaerobic secondary treatment of industrial wastewaters using higher vascular plants. Prior

to joining the Board in November, 1993, Mr. Soni worked for the Illinois EPA, Office of Pollution Prevention, providing technical assistance to

industry in hazardous waste reduction techniques, developing an in-house training program for Agency inspectors and permit writers, and

supervising engineering interns. Prior to his employment with the Illinois EPA, he designed and optimized a hybrid biofilter for tertiary

wastewater treatment as a consulting engineer for a major manufacturer located in Illinois. While attending school, Mr. Soni was an

engineering intern sponsored by the Illinois EPA, working on a waste minimization project at that major manufacturer's facility.

Mr. Desharnais started working for the Board on February 1, 1994. He received his J.D., with a certificate in environmental studies, from the

Pace University School of Law in 1992. He received his B.S. in Natural Resources from Cornell University in 1988. He is admitted to practice

law in Illinois, New Jersey, and New York. As a law student, Mr. Desharnais was the Articles Editor of the Environmental Law Review;

participated in the National Environmental Negotiation Competition, the Pace Environmental Litigation Clinic, and the Center for Environmental

Legal Studies Energy Project; held a judicial clerkship in New York; and held various temporary jobs with Chicago law firms. He formerly

worked as a field manager for Citizens for a Better Environment and as a Canvasser for Clean Water Action.

Ms. Lozuk recently completed course work for her Masters of Studies in Environmental Policy Law from the Vermont Law School, and she

anticipates receiving her J.D, with a certificate in environmental and energy law, from the Illinois Institute of Technology, Chicago-Kent School of

Law in June, 1994. She received her B.A. in Economics from the University of Illinois at Urbana-Champaign in 1988, having also completed a

one-year intensive studies program in economics at the University of Bath, England. While attending law school, Ms. Lozuk worked as a law

clerk for the Illinois EPA, and the Illinois Attorney General. Prior to entering law school, Ms. Lozuk was a law clerk for a nationwide title

insurance company and a foods buyer for the Hawaiian outlets of a major national restaurant chain.

The Board and staff warmly welcome these new colleagues.

RULEMAKING UPDATE

continued from page 1

REPEAL OF STAGE II VAPOR RECOVERY PROPOSED FOR

SECOND NOTICE FOR THE METRO-EAST AREA, R93-28

On January 20, 1994, 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) for Second Notice review by the Joint

Committee on Administrative Rules (JCAR). 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, 1994. The

Board granted an Agency motion for expedited decision on October

21, 1993 (

issue 476, Nov. 3, 1993

) and proposed the repeal for First

Notice on November 4, 1993 (

issue 477, Dec 1, 1993

), 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 will be free

to adopt the proposed amendments after it receives a Certificate of

No Objection from JCAR or when the 45-day period for JCAR

review has passed, whichever comes first.

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. Dresdow, at 815-753-0947. (Please refer

to docket R93-28.)

CLEAN AIR ACT AIR PERMIT APPEAL PROCEDURE

PROPOSAL ADOPTED FOR SECOND NOTICE, R93-24

On January 20, 1994 the Board proposed certain amendments

for Second Notice review by the Joint Committee on Administrative

Rules (JCAR). The proceeding, docketed as R93-24 and entitled

the Matter of: Amendments to the Rules for Clean Air Act Permit

Appeals and Hearings Pursuant to Specific Rules 35 Ill. Adm. Code

Parts 105 and 106

, would amend the Board's procedural rules as

they apply to permits sought under the federal Clean Air Act

Amendments of 1990 (CAAA). Specifically, the proceeding would

amend the procedural rules pertaining to air permit appeals before

the Board.

The Agency filed the proposal that initiated this proceeding on

September 14, 1993, and the Board accepted it on September 26,

1993 First Notice publication in the

Illinois Register

(See issue 475,

Oct. 6, 1993.)

The Board conducted public hearings on the

proposal on November 8 and December 8, 1993, in Springfield.

The Board cancelled a third hearing scheduled for December 22,

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4/ February, 1994

/ February, 1994

Environmental Register No. 479

1993 because the Agency did not request the additional day

pursuant to the Act. The Agency filed the proposal pursuant to

Section 28.5 of the Environmental Protection Act. (415 ILCS

5/28.5.) The proposal represents one segment of Illinois' submittal

of a complete State Implementation Plan (SIP) to the U.S.

Environmental Protection Agency (U.S. EPA).

Section 182(a) of the Clean Air Act Amendments of 1990 (CAAA)

required Illinois to have adopted and submitted its proposed SIP by

November 15, 1992. The purpose of the R93-24 proposal is to

make certain modifications to Parts 105 and 106 of the Board's

procedural rules for U.S. EPA approval. Among other amendments,

the proposed amendments would require the Agency to provide

notice of a permit denial to the U.S. EPA, the permit applicant, "any

person who participated in the public comment process", and "any

other person who could obtain judicial review under Sections 40.2

and 41 of the Act . . .". These persons would also have a right to

obtain Board review of an Agency permit decision or its failure to

take action on the permit application within certain prescribed times.

The proposed amendments would add certain requirements for

petitions for CAAA permit review and set forth other procedural

requirements.

Section 28.5 requires the Board to proceed within set time-frames

toward the adoption of the proposed amendments. The Board lacks

any discretion under the statute to adjust these time-frames under

any circumstances. The Board will be free to adopt the proposed

amendments after it receives a Certificate of No Objection from

JCAR or when the 45-day period for JCAR review has passed,

whichever comes first. Direct questions to Marie E. Tipsord, at 312-

814-4925 or 618-498-9802, for additional information. (Please refer

to docket R93-24.)

CONTINGENCY MEASURE AMENDMENTS PROPOSED

FOR FIRST NOTICE, SET FOR HEARINGS, R93-30

On January 6, 1993, the Board proposed amendments to the

regulations to establish contingency rules for additional

reductions in emissions in the areas of the state designated as

moderate nonattainment by U.S. EPA, in the event U.S. EPA finds

that the area has failed to achieve compliance by December 31,

1994. Those areas are McCook and Lake Calumet Townships in

Cook County, Granite City in Madison County, and a portion of

Oglesby Township in LaSalle County. The Board proposed the

amendments without review of their merits, as required by the

statute.

The Agency filed the new Clean Air Act (CAA) rulemaking

proposal for amendments on December 30, 1993 pursuant to the

"fast-track" rulemaking provisions of Section 28.5 of the

Environmental Protection Act. As previously reported (

see issue

478, Jan., 1994

), Section 28.5 requires the Board to proceed within

set time-frames toward the adoption of the proposed amendments.

The Board lacks any discretion under the statute to adjust these

time-frames under any circumstances.

The statute requires the Board to schedule three hearing dates in

this matter, each for a prescribed purpose. These hearings are

presently scheduled as follows:

Tuesday, February 22, 1994, 10:30 a.m.

James R. Thompson Center

100 West Randolph Street, Room 9-040

Chicago, Illinois

Tuesday, March 22, 1994, 10:30 a.m.

James R. Thompson Center

100 West Randolph Street, Room 9-040

Chicago, Illinois

Tuesday, April 5, 1994, 10:30 a.m.

James R. Thompson Center

100 West Randolph Street, Room 2-025

Chicago, Illinois

The first day of hearing, February 22, is reserved for presentation by

the Agency and questions of Agency witnesses. The second

scheduled day of hearing, March 22, if it occurs, is reserved for

presentation by affected entities and all other interested persons.

The third scheduled day of hearing, April 5, if it occurs, is reserved

for any Agency response and responses of other parties. The

hearings will be continued from day to day, as necessary, until all

business is completed. However, the second and third hearing

dates are subject to cancellation if the level of public interest and

participation so warrant. Direct questions to Elizabeth M. Harvey, at

312-814-6921. (Please refer to docket R93-30.).

LANDSCAPE WASTE COMPOST FACILITIES PROPOSAL

ACCEPTED, R93-29

On January 20, 1994, the Board formally accepted a proposal

filed December 30, 1993 by the Agency. The Board found that the

proposal, docketed as R93-29, met the informational requirements

for rulemaking petitions set forth in the Board's procedural rules.

The proposal would have the Board establish performance

standards for landscape compost facilities and testing procedures

and standards for end-product compost derived from landscape

waste and offered for sale or use in Illinois.

This proceeding is one of three mandated by the Act. Section

22.33 requires that the Agency proposed standards for composting

landscape wastes on or before January 1, 1994, and that the Board

adopt such standards by December 1, 1994. Sections 22.34 and

22.35 set forth similar mandates relating to composting organic

waste and mixed municipal waste, and Section 22.35. The R93-29

proposal addresses only the Section 22.33 mandate. Direct

questions to Kevin G. Desharnais, at 312-814-6929. (Please refer

to docket R93-29.)

DEADLINE EXTENDED FOR RCRA SUBTITLE C HAZARDOUS

WASTE UPDATE, R93-16

On January 20, 1994, the Board entered an order that has the

effect of extending the deadline in R93-16, the current RCRA

Subtitle C hazardous waste update. The update docket includes

federal actions that occurred during the period July 1 through

December 31, 1994. The statutory due date, dictated by the date of

the first U.S. EPA amendments in the update period, was February

16, 1994. The order found that delay was necessary due to the size

and complexity of the prior update docket, R93-4, and due to

changes in the composition of the Board and the resulting

reassignment of the present update. The Board adopted a proposal

for public comment on December 16, 1993.

(See issue 478, Jan.,

1994.)

It anticipated voting on adoption of the amendments at its

regularly-scheduled meeting of March 3 or 17, 1994. Direct

questions to Michael J. McCambridge, at 312-814-6924. (Please

refer to docket R93-16.)

COMMENTS INVITED ON REMANDED SITE-SPECIFIC

RULEMAKING, R81-19

On January 20, 1994, the Board requested public comments to

update the record in R81-19, a site-specific rulemaking proceeding

involving wastewater discharges of Citizens Utilities Company into

the Lily Cache Creek. The Third District remanded the proceeding

Environmental Register No. 479

February, 1994/Page

February, 1994/Page 5

Citizens Utilities Co. v. PCB

(3d Dist. 1991), 216 Ill. App. 3d 629,

576 N.E.2d 415. In inviting comments to update the record, the

Board noted that merit hearings were held in 1981 and 1982, and

economic impact hearings in 1986. The Board ordered that all

comments must be received by February 25, 1994. Direct

questions to Musette H. Vogel, at 217-524-8509. (Please refer to

docket R81-19.)

RCRA SUBTITLE D LANDFILL AMENDMENTS UPDATE

DISMISSED, R93-22

On January 6, 1994, the Board dismissed the routine update

docket for the Illinois RCRA Subtitle D program, R93-22. This

docket was reserved for federal amendments to the RCRA Subtitle

D non-hazardous waste (municipal solid waste) landfill regulations

that occurred during the period from January 1 through June 30,

1993. During that period, U.S. EPA amended its non-hazardous

solid waste landfill regulations once, on February 19, 1993. Those

amendments involved the federal sewage sludge management

program, and U.S. EPA promulgated them pursuant to the Clean

Water Act, and not under Subtitle D of the Resource Conservation

and Recovery Act. Therefore, the Board concluded that no action

was necessary and dismissed the docket. Direct questions to Marie

E. Tipsord, at 312-814-4925 or 618-498-9803. (Please refer to

docket R93-22.)

APPELLATE UPDATE

THIRD DISTRICT AFFIRMS BOARD DETERMINA-

TION THAT ALLEGED VIOLATIONS OF THE ACT

WERE AN IMPROPER BASIS FOR PERMIT DENIAL

IEPA v. PCB

, No. 3-93-0144 (Nov. 30, 1993), the

Third District Appellate Court affirmed a Board

determination that the Agency had improperly denied

permits on the basis of alleged violations. This permit

appeal, heard before the Board as

ESG Watts v. IEPA

(Oct.

29, 1992), PCB 92-54, involved a landfill facility located in

Rock Island County. The facility filed applications for

authorization to receive seven special waste streams, which

the Agency denied. On appeal before the Board, the

Agency's permit inspector testified that he had

recommended denial of the authorizations due to unresolved

alleged violations at the facility, including an imminent

enforcement action contemplated by the Agency. The

Board determined that the Agency had denied the requested

permits due to the alleged violations and concluded that this

alone was an improper basis for permit denial. The Board

held that permit denial was an improper substitute for

enforcement action.

On appeal, the Board highlighted that the permit process

and enforcement procedures are distinct under the Act. The

appellate court agreed. It reviewed the record before the

Board and concluded that "the Board properly drew the

inference that the Agency improperly used the permit denial

process as a substitute for enforcement procedure". The

court held that the Board's decision was not against the

manifest weight of the evidence.

THIRD DISTRICT AFFIRMS WHITESIDE COUNTY

SITING APPROVAL

In a January 13, 1994 opinion, the Third District

Appellate Court affirmed the Board's affirmance of siting

approval for a new regional pollution control facility in

Whiteside County.

Citizens Against Regional Landfill v.

PCB

, No. 3-93-0410 (Jan. 13, 1994). In so doing, the court

concluded that procedures used by the county board were

not unfair because the hearing officer had a conflict of

interest, the challengers' discovery rights were not unduly

restricted, the Board did not err in not reviewing certain

segments of deposition transcripts, and the Board did not err

in imposing sanctions on counsel for the challengers.

In March, 1992, Waste Management of Illinois, Inc.

entered into a contract with the Whiteside County Board in

which the parties agreed to the apportionment of costs

associated with Waste Management seeking local siting

approval for a new regional pollution control facility. The

county hired an attorney it retains for environmental matters

to negotiate the contract. The contract provided that Waste

Management would pay half the County's legal costs

incurred in the siting approval process, but that the contract

did not "impede or compromise the county's decisionmaking

responsibilities and duties" in the process. In April, 1992,

Waste Management filed a request with Whiteside County

for siting approval for a landfill. The county conducted

hearings in July, 1992, hiring the attorney who had

negotiated the contract to act as the hearing officer. In

September, 1992, Whiteside County rendered its decision,

granting siting approval, and paid the attorney for his

services a short time later.

The Citizens Against Regional Landfill appealed the

county board's decision to the Board. Among other things,

the Citizens argued that the decision was against the

manifest weight of the evidence on eight of the nine criteria

of Section 39.2 of the Environmental Protection Act. The

Citizens also argued that the county had denied it

fundamental fairness because the hearing officer had a

conflict of interest, in that he had negotiated the contract

with Waste Management and was paid by funds forwarded

by Waste Management after the approval was granted.

In Citizens Against Regional Landfill v. County Board of

Whiteside County (PCB 92-156), the Board voted 5-0 to

affirm Whiteside County's siting approval. The county's

hearing officer represented the county before the Board.

During the proceedings before the Board, the challengers

sought to depose counsel for the county about the

circumstances surrounding his payment for acting as hearing

officer. The Board allowed the deposition, but authorized

its hearing officer to limit the questioning. Later, in setting

a briefing schedule, the hearing officer ordered that the

record would be limited to segments of the record approved

by him. Counsel for the challengers submitted a brief which

included references to portions of the deposition expressly

excluded from the record. Counsel for the county

subsequently filed portions of the challengers' brief and

requested sanctions from the Board.

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/ February, 1994

Environmental Register No. 479

On February 25, 1993, in affirming the county board's

decision, the Board concluded that the record showed that

the hearings conducted by the county were fundamentally

fair. The Board did not find sufficient evidence in the

record of conflict of interest or bias on the part of the

hearing officer. The Board also found that the manifest

weight of the evidence supported the county's finding for

each of the eight challenged of the nine statutory criteria.

(

See issue 466, Mar. 10, 1993.

) On March 11, 1993, by a

separate order, the Board imposed sanctions on the

challengers' attorney for his references to the excluded

portions of the deposition transcript in his brief. (

See issue

467, Mar. 24, 1993.

) The Board denied reconsideration of

its February 25th decision by a separate order on April 22,

1993, without revisiting the issue of sanctions.

In appealing the Board's decision to the Third District, the

challengers raised four primary issues. First, they argued

that the county's hearing officer has a conflict of interest

when he conducted the county's public hearings. The

appellate court reviewed the facts and observed that

Whiteside County's hearing officer did not act in the role of

a decisionmaker, and that he in fact did not submit

recommended findings to the county. His role was limited

to assembling a record. The court concluded that the

challengers did not "identify any conduct on the part of . . .

[the hearing officer] that affected the outcome of the case.

Further, the court found no evidence that the payment to

that hearing officer was contingent on the outcome of the

County Board decision. The Third District found no

conflict of interest.

Second, the challengers argued that their discovery rights

were unduly restricted by the Board. The court observed

that the Board allowed the deposition of the county's hearing

officer as to any purported financial stake in the outcome

into the record, but that the Board restricted other matters.

The court concluded that the challengers did not indicate

anything in the hearing officer's deposition testimony that

would indicate prejudicial impact on the outcome of the

proceedings, so it held there was no reversible error in this

regard. Third, the challengers argued that the Board erred

in not considering the whole of the county's hearing

officer's deposition transcript. The court held that the

challengers failed to point out anything in the excluded

portions that was relevant to fundamental fairness.

Finally, the challengers argued that the Board erred in

imposing attorneys' fees as a sanction against its counsel.

The court held that it lacked jurisdiction to hear this issue

due to the posture of the challengers' appeal. The court

observed that the challengers' appeal was from the Board

orders of February 25, 1993 and April 22, 1993, and

neither of those orders addressed the issue of sanctions.

The appeal did not mention the Board order that imposed

sanctions and did not make any indication of an intent to

appeal the Board's sanction order.

FOR YOUR INFORMATION

RESTRICTED STATUS AND CRITICAL REVIEW

LISTS FOR SEWAGE TREATMENT IN THIS ISSUE

The Illinois Environmental Protection Agency, Division

of Water Pollution Control, is publishing copies of the

Division's Restricted Status and Critical Review lists at the

end of this issue of the Environmental Register. These lists

reflect the status as of December 31, 1993.

CENTRAL STATES WATER ENVIRONMENT ASSO-

CIATION TO HOLD 67TH ANNUAL MEETING

The Central States Water Environment Association will

hold its 67th annual meeting May 17-20, 1994. The

meeting will occur at Pheasant Run, in St. Charles, Illinois.

For further information contact Greg Buchner, at 708-892-

4378.

Environmental Register No. 479

February, 1994/Page

February, 1994/Page 7

FINAL ACTIONS

FINAL ACTIONS - January 6, 1994 BOARD MEETING

- January 6, 1994 BOARD MEETING

94-3

West Aurora School District 129 v. EPA -

The Board dismissed this petition for review

of an underground storage tank reimbursement

determination involving a Kane County facility

as untimely filed.

94-4

Mobil Oil Corporation v. EPA - Upon receipt

of an Agency recommendation, the Board

granted an extension of a previous provisional

variance granted in PCB 93-199, thus

extending the compliance deadline for the

gasoline vapor recovery requirements for an

additional 45 days for 45 service stations in

Cook, DuPage, Lake, and Kendall Counties.

94-5

Marathon Oil Company v. EPA - Upon

receipt of an Agency recommendation, the

Board granted an extension of a previous

provisional variance granted in PCB 93-200,

thus extending the deadline for compliance

with the gasoline vapor recovery requirements

for an additional 45 days for seven service

stations in Cook, Kane, McHenry, and Will

Counties.

94-6

State Oil Company v. EPA - Upon receipt of

an Agency recommendation, the Board

granted an extension of a previous provisional

variance granted in PCB 93-198, thus

extending the deadline for compliance with the

gasoline vapor recovery requirements for an

additional 45 days for sixteen service stations

in Cook, DuPage, Kendall, Lake, and

McHenry Counties.

94-7

Delta Sonic Carwash Systems, Inc. v. EPA -

Upon receipt of an Agency recommendation,

the Board granted an extension of a previous

provisional variance granted in PCB 93-218,

thus extending the deadline for compliance

with the gasoline vapor recovery requirements

for an additional 45 days for a service station

located in Cook County.

94-8

Mobil Oil Corporation v. EPA - Upon receipt

of an Agency recommendation, the Board

granted an extension of a previous provisional

variance granted in PCB 93-212, thus

extending the deadline for compliance with the

gasoline vapor recovery requirements for an

additional 45 days for thirty-eight service

stations in Cook, DuPage, Lake and Will

Counties.

94-9

Marathon Oil Company v. EPA - Upon

receipt of an Agency recommendation, the

Board granted a 30-day provisional variance

from the 90-day limitation on accumulation of

hazardous wastes at a Crawford County

facility.

94-10

Scott's Unocal 76, Inc. v. EPA - Upon receipt

of an Agency recommendation, the Board

granted an extension of a previous provisional

variance granted in PCB 93-240, thus

extending the deadline for compliance with the

gasoline vapor recovery requirements for an

additional 45 days for a service station located

in McHenry County.

94-11

Shell Oil Company v. EPA - Upon receipt of

an Agency recommendation, the Board

granted an extension of a previous provisional

variance granted in PCB 93-208, thus

extending the deadline for compliance with the

gasoline vapor recovery requirements for an

additional 45 days for 94 service stations in

Cook, DuPage, Lake and Will Counties.

94-12

Illinois Petroleum Company v. EPA - Upon

receipt of an Agency recommendation, the

Board granted a provisional variance, thus

extending the deadline for compliance with the

gasoline vapor recovery requirements for an

additional 45 days for five service stations in

Cook and Lake Counties.

94-13

Emro Marketing Company v. EPA - Upon

receipt of an Agency recommendation, the

Board granted an extension of a previous

provisional variance granted in PCB 93-201,

thus extending the deadline for compliance

with the gasoline vapor recovery requirements

for an additional 45 days for thirty-three

service stations in Cook, Will, DuPage, Kane,

and Lake Counties.

94-14

Bell Fuels, Incorporated v. EPA - Upon

receipt of an Agency recommendation, the

Board granted an extension of a previous

provisional variance granted in PCB 93-210,

thus extending the deadline for compliance

with the gasoline vapor recovery requirements

for a service station located in Kane County.

94-15

Major Reflector Products v. EPA - Upon

receipt of an Agency recommendation, the

Board granted a 30-day provisional variance

Page

Page 8

8/ February, 1994

/ February, 1994

Environmental Register No. 479

from the 90-day limitation on accumulation of

hazardous wastes for a Cook County facility.

AC 93-21

Illinois Environmental Protection Agency v.

City of Herrin - The Board granted voluntary

dismissal of this administrative citation appeal

filed on behalf of a Williamson County

facility.

AC 93-41

Sangamon County v. Stanley Ray Stewart -

The Board granted the complainant's motion

for reconsideration, vacated its default order

entered November 4, 1994, accepted the

parties stipulated agreement, found that the

Sangamon County facility had violated Section

21(p)(1) and (p)(3) of the Act, and ordered it

to pay a civil penalty of $1,000.00 within 30

days.

AC 93-57

Illinois Environmental Protection Agency v.

Wesley Simpson - The Board entered a default

order finding that the Peoria County facility

had violated Section 21(p)(1) and 21(p)(3) of

the Act and ordered it to pay a civil penalty of

$1,000.00 within 30 days.

AC 93-59

Williamson County Solid Waste Office v.

Marvin Couey - The Board entered a default

order finding the Williamson County facility

had violated Section 21(p)(3) of the Act and

ordered it to pay a civil penalty of $500.00

within 30 days of the date of this order.

R93-14

In the Matter of: Reasonably Available

Control Technology for Major Sources

Emitting Volatile Organic Materials in the

Chicago Ozone Nonattainment Area: 25 Tons

(Amendments to 35 Ill. Adm. Code 211 and

218) -

See Rulemaking Update.

R93-22

In the Matter of: RCRA Subtitle D

Amendments -

See Rulemaking Update.

NEW CASES

NEW CASES - January 6, 1994 BOARD MEET

- January 6, 1994 BOARD MEETING

ING

93-255

Lindsay-Klein Chevrolet-Olds, Inc., d/b/a

Chuck Lindsay Chevrolet-Olds, Inc. v. Illinois

State Fire Marshall - The Board accepted this

underground storage tank reimbursement

determination appeal involving a Whiteside

County facility for hearing.

93-256

People of the State of Illinois v. Greif

Brothers, Inc. - Upon receipt of a 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.

93-257

J.M. Sweeney Company v. EPA - The Board

accepted this air variance petition involving a

Cook County facility for hearing.

93-258

People of the State of Illinois v. Carl R.

Kirchoff, d/b/a Allfoam Industries - Upon

receipt of a proposed stipulation and settlement

agreement and an agreed motion for relief

from the hearing requirement in this air

enforcement action against a DuPage County

Environmental Register No. 479

February, 1994/Page

February, 1994/Page 9

facility, the Board ordered publication of the

required newspaper notice.

93-259

People of the State of Illinois v. World's

Finest Chocolate, Inc. - Upon receipt of a

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.

93-260

Glenbard Wastewater Authority v. EPA - The

Board requested an amended petition in this

NPDES water variance proceeding involving a

DuPage County facility.

93-261

People of the State of Illinois v. Midwest

Refinishing, Inc., and Kenneth Ruff - The

Board acknowledged receipt of this land

enforcement action against a DeKalb County

facility for hearing.

93-262

People of the State of Illinois v. Koch Fuels,

Inc., d/b/a Koch Materials Company - Upon

receipt of a proposed stipulation and settlement

agreement and an agreed motion for relief

from the hearing requirement in this

Emergency Planning and Community Right-

To-Know Act (EPCRA) enforcement action

against a Cook County facility, the Board

ordered publication of the required newspaper

notice.

93-263

People of the State of Illinois v. United Globe

Nippon, Inc. - Upon receipt of a 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.

93-264

Nu-Tecsys Corporation v. EPA - The Board

requested an amended petition in this

Underground storage tank reimbursement

determination appeal involving a Lake County

facility.

94-1

People of the State of Illinois v. Robert D.

Fosnock, d/b/a Fos Auto & Truck Parts - The

Board accepted this land enforcement action

against a Macoupin County facility for

hearing.

94-2

Anne Shepard, James Verhein, and Jerold

Leckman v. Northbrook Sports Club, and

Village of Hainesville - The Board held this

citizens' noise enforcement action against a

Lake County facility for a frivolous and

duplicitous determination.

94-3

West Aurora DIST. #129 v. EPA -

See Final

Actions.

94-4

Mobil Oil Corporation v. EPA -

See Final

Actions.

94-5

Marathon Oil Company v. EPA -

See Final

Actions.

94-6

State Oil Company v. EPA -

See Final

Actions.

94-7

Delta Sonic Carwash Systems, Inc. v. EPA -

See Final Actions.

94-8

Mobil Oil Corporation v. EPA -

See Final

Actions.

94-9

Marathon Oil Company v. EPA -

See Final

Actions.

94-10

Scott's Unocal 76, Inc. v. EPA -

See Final

Actions.

94-11

Shell Oil Company v. EPA -

See Final

Actions.

94-12

Illinois Petroleum Company v. EPA -

See

Final Actions.

94-13

Emro Marketing Company v. EPA -

See Final

Actions.

94-14

Bell Fuels, Incorporated v. EPA -

See Final

Actions.

94-15

Major Reflector Products v. EPA -

See Final

Actions.

FINAL ACTIONS

FINAL ACTIONS - January 20, 1994 BOARD MEETING

- January 20, 1994 BOARD MEETING

85-95

Citizens Utilities Company of Illinois v. EPA -

On a remand from the Third District Appellate

Court, the Board granted this Will County

facility a variance from Sections 302.206,

Page

Page 10

10/ February, 1994

/ February, 1994

Environmental Register No. 479

304.120(c), 304.301, and 304.105, as they

apply to the ammonia nitrogen water quality

standard of Section 302.212. Board Member

R. C. Flemal abstained.

92-84

People of the State of Illinois v. Berkshire

Furniture Company, Inc. - The Board

accepted a stipulation and settlement

agreement in this air enforcement action

against a Cook County facility, ordered the

facility to pay a civil penalty of $99,950.00,

and ordered it to cease and desist from further

violation. Board Member J. Theodore Meyer

concurred.

92-210

Estate of Larry Junkin, By Patricia Junkin,

Executrix v. EPA - The Board granted

voluntary dismissal of this underground

storage tank reimbursement appeal involving a

Champaign County facility.

93-72

Atlanta Meadows, Ltd. and, R.O.C.G.P.

Corp., General Partner v. EPA - The Board

granted this Rock Island facility a three-year

water variance with conditions from Sections

304.120(c), Deoxygenating Waste, and

304.141(a), NPDES Effluent Standards.

93-85

People of the State of Illinois v. Liquid Air

Corporation - The Board accepted a stipulation

and settlement agreement in this air

enforcement action against a Cook County

facility, ordered the facility to pay a civil

penalty of $4000.00, and ordered it to cease

and desist from further violation.

93-142

HACO, Inc. v. EPA - The Board ordered

certain permit conditions stricken in this

RCRA permit appeal involving Logan County

facility. Board Member M. Nardulli

abstained.

93-164

Village of North Aurora v. EPA - The Board

granted this Kane County facility a variance

with conditions from Sections 602.105(a), the

Standards of Issuance, and 602.106(b),

Restricted Status, as they relate to combined

radium-226 and radium-228 in drinking water,

as set forth in Section 611.330(a).

93-227

Village of Princeville v. EPA - The Board

granted this Peoria County facility a public

water supplies variance with conditions from

Sections 602.105(a), the Standards of

Issuance, and 602.106(b), Restricted Status, as

they relate to combined radium-226 and

radium-228 in drinking water, as set forth in

Sections 611.330(a), and gross alpha particle

activity, as set forth in Section 611.330(b).

93-258

People of the State of Illinois v. Carl R.

Kirchoff, d/b/a Allfoam Industries - The

Board accepted a stipulation and settlement

agreement in this air enforcement action

against a DuPage County facility, ordered the

facility to pay a civil penalty of $9000.00, and

ordered it to cease and desist from further

violation. Board Member J. Theodore

concurred.

94-28

Huber Brothers Corporation v. EPA - Upon

receipt of an Agency recommendation, the

Board granted a 30-day provisional variance

from the 90-day limitation on accumulation of

hazardous wastes at a Peoria County facility.

94-29

Texor Petroleum Company v. EPA - Upon

receipt of an Agency recommendation, the

Board granted an extension of a previous

provisional variance granted in PCB 93-235,

thus extending the deadline for compliance

with the gasoline vapor recovery requirements

for five service stations in Cook and DuPage

Counties.

94-30

Smith Oil Company v. EPA - Upon receipt of

an Agency recommendation, the Board

granted a provisional variance that extends the

deadline for compliance with the gasoline

vapor recovery requirements for an additional

45 days for a service station in Will County.

94-31

Graham Oil Company v. EPA - Upon receipt

of an Agency recommendation, the Board

granted an extension of a previous provisional

variance granted in PCB 93-253, thus

extending the deadline for compliance with the

gasoline vapor recovery requirements for four

service stations in Cook and Lake Counties.

94-32

Kean Oil Company v. EPA - Upon receipt of

an Agency recommendation, the Board

granted an extension of a previous provisional

variance granted in PCB 93-236, thus

extending the deadline for compliance with the

gasoline vapor recovery requirements for a

Cook County facility.

94-33

Graham Oil Company v. EPA - Upon receipt

of an Agency recommendation, the Board

granted a provisional variance that extends the

deadline for compliance with the gasoline

vapor recovery requirements for an additional

45 days for a facility in Lake County.

Environmental Register No. 479

February, 1994/Page

February, 1994/Page 11

94-34

Kelley Williamson Company v. EPA - Upon

receipt of an Agency recommendation, the

Board granted a provisional variance that

extends the deadline for compliance with the

gasoline vapor recovery requirements for an

additional 45 days for two service stations in

McHenry County.

94-35

Kean Brothers, Inc. v. EPA - Upon receipt of

an Agency recommendation, the Board

granted a provisional variance that extends the

deadline for compliance with the gasoline

vapor recovery requirements for 45 days for

five service stations in Cook County.

94-36

Mobil Oil Corporation v. EPA - Upon receipt

of an Agency recommendation, the Board

granted a provisional variance that extends the

deadline for compliance with the gasoline

vapor recovery requirements for 45 days for a

Cook County facility.

94-37

SuperAmerica Group, Inc. v. EPA - Upon

receipt of an Agency recommendation, the

Board granted an extension of a previous

provisional variance granted in PCB 93-223,

thus extending the deadline for compliance

with the gasoline vapor recovery requirements

an additional 45 days for seven service stations

in Cook, DuPage, and Lake Counties.

94-40

Osmose Wood Preserving v. EPA - Upon

receipt of an Agency recommendation, the

Board granted a 30-day provisional variance

from the 90-day limitation on accumulation of

hazardous wastes at a Cass County facility.

AC 93-21

Illinois Environmental Protection Agency v.

City of Herrin - The Board vacated the

Board's order entered January 6, 1994,

granted the respondent's motion to withdraw

its petition for review, found that the

respondent had violated Section 21(o)(2) and

21(o)(3) of the Act at its Peoria County

facility, and ordered it to pay a civil penalty of

$1,000.00 within 30 days of the date of this

order.

AC 93-54

Sangamon County v. D. Ray Smith - The

Board dismissed this administrative citation for

a lack of proof of service on the respondent.

AC 93-61

Illinois Environmental Protection Agency v.

Illinois Waste Systems - The Board entered a

default order, finding that the respondent had

violated Section 21(o)(6) and 21(o)(12) of the

Act at its Iroquois County facility, and ordered

it to pay a civil penalty of $1,000.00 within 30

days.

AC 93-62

Montgomery County v. Prosper Guyot - The

Board entered a default order finding that the

respondent had violated Section 21(p)(1) of the

Act at its Montgomery County facility, and

ordered it to pay a civil penalty of $500.00

within 30 days.

AC 93-63

Montgomery County v. Prosper Guyot - The

Board entered a default order finding that the

respondent had violated Section 21(p)(1) of the

Act at its Montgomery County facility, and

ordered it to pay a civil penalty of $500.00

within 30 days.

AS 93-9

In the Matter of: Petition of the Rhone-Pou-

lenc Basin Chemical Company, Thorn Creek

Basin Sanitary District for an Adjusted

Standard From 35 Ill. Adm. Code 302.201

and 304.105 - The Board denied the peti-

tioner's motion to accept the notice of

publication and dismissed the petition, since

the publication did not occur within the

statutorily prescribed 14 days, thus depriving

the Board does not have jurisdiction to hear

the petition.

NEW CASES

NEW CASES - January 20, 1994 BOARD MEET

- January 20, 1994 BOARD MEETING

ING

94-16

People of the State of Illinois v. Central

Illinois Public Service (Newton Unit #1 and

#2) - Upon receipt of a proposed stipulation

and settlement agreement and an agreed

motion for relief from the hearing requirement

in this air enforcement action against a Jasper

County facility, the Board ordered publication

of the required newspaper notice. Board

Member M. McFawn abstained.

94-17

People of the State of Illinois v. Olin

Corporation - Upon receipt of a proposed

stipulation and settlement agreement and an

agreed motion for relief from the hearing

requirement in this air enforcement action

against a Madison County facility, the Board

Page

Page 12

12/ February, 1994

/ February, 1994

Environmental Register No. 479

ordered publication of the required newspaper

notice.

94-18

City of Wheaton (Old Police Station) v. Office

of the Illinois State Fire Marshal - The Board

accepted this underground storage tank

reimbursement determination appeal involving

a DuPage County facility for hearing.

94-19

Michael Turlek, Lillian Smejkal, and John

Lathrop v. Village of Summit, and West

Suburban Recycling and Energy Center, Inc. -

The Board accepted this third party landfill

siting appeal involving a proposed Cook

County facility for hearing, subject to

dismissal if the petitioners do not timely file an

amended petition. (Consolidated PCB 94-21

and PCB 94-22).

94-20

People of the State of Illinois v. Gerald V.

Johnson, d/b/a Jerry's - Upon receipt of a

proposed stipulation and settlement agreement

and an agreed motion for relief from the

hearing requirement in this air enforcement

action against a Ogle County facility, the

Board ordered publication of the required

newspaper notice.

94-21

Kay Kulaga and Alice Zeman v. Village of

Summit, and West Suburban Recycling and

Energy Center, Inc. - The Board accepted this

third party landfill siting appeal involving a

proposed Cook County facility for hearing,

subject to dismissal if the petitioners do not

timely file an amended petition. (Consolidated

PCB 94-19 and PCB 94-22.)

94-22

Citizens for a Better Environment, Patricia J.

Bartleman, Nanci Katz and Michelle Schmits

v. Village of Summit, and West Suburban

Recycling and Energy Center, Inc. - The

Board accepted this third party landfill siting

appeal involving a proposed Cook County

facility for hearing, subject to dismissal if the

petitioners do not timely file an amended

petition. (Consolidated PCB 94-19 and PCB

94-21.

94-23

Greater Rockford Airport Authority v. EPA -

The Board accepted this land permit appeal

involving a Winnebago County facility for

hearing.

94-24

North Shore School District #112 (Braeside

Elementary School) v. Office of the Illinois

State Fire Marshal - The Board accepted this

underground storage tank reimbursement

determination appeal involving a Lake County

facility for hearing.

94-25

Shell Oil Company v. County of DuPage and

EPA - The Board held this water well setback

proceeding involving a DuPage County

facility.

94-26

Marathon Oil Company v. EPA - The Board

accepted this air permit appeal involving a

Crawford County facility for hearing.

94-27

Marathon Oil Company v. EPA - The Board

accepted this air variance involving a

Crawford County facility for hearing.

94-28

Huber Brothers Corporation v. EPA -

See

Final Actions.

94-29

Texor Petroleum Company v. EPA -

See

Final Actions.

94-30

Smith Oil Company v. EPA -

See Final

Actions.

94-31

Graham Oil Company v. EPA -

See Final

Actions.

94-32

Kean Oil Company v. EPA -

See Final

Actions.

94-33

Graham Oil Company v. EPA -

See Final

Actions.

94-34

Kelley Williamson Company v. EPA -

See

Final Actions.

94-35

Kean Brothers, Inc. v. EPA -

See Final

Actions.

94-36

Mobil Oil corporation v. EPA -

See Final

Actions.

94-37

SuperAmerica Group, Inc. v. EPA -

See Final

Actions.

94-38

Park District of Highland Park (Central Park

Facility) v. Office of the Illinois State Fire

Marshal - The Board accepted this under-

ground storage tank reimbursement

determination appeal involving a Lake County

facility for hearing.

94-39

People of the State of Illinois v. Top Disposal

Service, Inc. - Upon receipt of a proposed

stipulation and settlement agreement and an

Environmental Register No. 479

February, 1994/Page

February, 1994/Page 13

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.

94-40

Osmose Wood Preserving v. EPA -

See Final

Actions.

94-41

People of the State of Illinois v. Bob Evans

Farms, Inc. - The Board accepted this water

enforcement action involving a Henry County

facility for hearing.

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.

February 1

9:30 a.m.

PCB 93-121

P-A, Land

Gunite Corporation v. EPA - State of Illinois Building, Third Floor, Large Conference

Room, 200 South Wyman, Rockford.

February 2

9:00 a.m.

AC 93-42

Sangamon County v. Norman Clark and Brenda Bertrand (Springfield

Township/Clark) - Illinois Pollution Control Board, 600 South Second Street,

Springfield.

February 8

9:00 a.m.

PCB 93-215

P-A, NPDES,

3d P

Marvin Damron v. EPA and Tomahawk Group, Inc. - Union Federal Savings and

Loan Building, Community Room, 104 North Tremont, Kewanee.

February 8

10:00 a.m.

R93-27

R, GW

In the Matter of: Groundwater Protection: Amendments to Groundwater Quality

Standards (35 Ill. Adm. Code 620) - Capitol Building, Room 1228, Springfield.

February 10

11:00 a.m.

R93-27

R, GW

In the Matter of: Groundwater Protection: Amendments to Groundwater Quality

Standards (35 Ill. Adm. Code 620) - James R. Thompson Center, Room 9-040, 100

West Randolph Street, Chicago.

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.

February 16

10:00 a.m.

PCB 93-230

UST-FRD

The Village of Hodgkins v. EPA - James R. Thompson Center, Room 11-500, 100

West Randolph Street, Chicago.

February 22

10:00 a.m.

PCB 93-248

L-E

People of the State of Illinois v. John Prior and Industrial Salvage, Inc. - Centralia City

Hall, Council Chambers, 222 South Poplar Street, Centralia.

February 22

10:30 a.m.

R 93-30

R, Air

In the Matter of: Contingency Measures for PM10 Emissions: Amendments to 35 Ill.

Adm. Code 106 and 212 - James R. Thompson Center, Room 9-040, 100 West

Randolph Street, Chicago.

February 23

9:00 a.m.

PCB 93-196

A-V

TRW, Inc. v. EPA - Clark County Courthouse, County Board Room, Marshall,

Illinois.

March 1

1:30 p.m.

AS 92-13

Air

In the Matter of: Petition of Alumax, Inc. for Adjusted Standard from 35 Ill. Adm.

Code 218 - Grundy County Courthouse, County Board Room No. 16, 111 East

Washington Street, Morris.

March 1

9:30 a.m.

PCB 94-19

L-S-R, 3d P

Michael Turlek, Lillian Smejkal, and John Lathrop v. Village of Summit and West

Suburban Recycling and Energy Center, Inc. - American Legion Hall, 6050 South

Harlem, Summit. (Consolidated with PCB 94-21 and PCB 94-22.)

Page

Page 14

14/ February, 1994

/ February, 1994

Environmental Register No. 479

March 2

10:00 a.m.

AC 93-30

Sangamon County v. The Illinois National Bank of Springfield, n.k.a. First of America

Trust Company, Trust No. 894-6418-002, and Ray Landers - Illinois Pollution Control

Board, Suite 402, 600 South Second Street, Springfield.

March 3

10:00 a.m.

PCB 93-255

UST-FRD

Lindsay-Klein Chevrolet-Olds, Inc. d/b/a Chuck Lindsay Chevrolet-Olds, Inc. v.

Office of the State Fire Marshal - Whiteside County Sheriff's Department, Law

Enforcement Center, 400 North Cherry Street, Morrison.

March 7

9:30 a.m.

PCB 94-18

UST-FRD

City of Wheaton (Old Police Station) v. Office of the State Fire Marshal - City of

Wheaton, Basement Conference Room (northeast corner), 303 West Wesley, Wheaton.

March 10

9:00 a.m.

AC 93-60

Montgomery County v. Envotech Illinois, Inc. (Litchfield-Hillsboro Landfill or

Envotech Illinois Landfill) - Montgomery County Courthouse, County Board Room,

Third Floor, Hillsboro.

March 11

9:00 a.m.

AC 93-45

Montgomery County v. Rita Hefley - Montgomery County Courthouse, County Board

Room, Third Floor, Hillsboro.

March 14

10:00 a.m.

PCB 94-38

UST-FRD

Park District of Highland Park (Central Park Facility) v. Office of the State Fire

Marshal - Lake County Courthouse, County Board Assembly Room, 10th Floor, 18

North County Street, Waukegan.

March 22

10:00 a.m.

R 93-30

R, Air

In the Matter of: Contingency Measures for PM10 Emissions: Amendments to 35 Ill.

Adm. Code 106 and 212 - James R. Thompson Center, Room 9-040, 100 West

Randolph Street, Chicago.

March 23

10:00 a.m.

PCB 93-145

A-E

People of the State of Illinois v. Monarch Asphalt Co. - James R. Thompson Center,

Room 11-500, 100 West Randolph Street, Chicago.

March 23

9:00 a.m.

PCB 93-192

A-E, Citizens

The Decatur Auto Auction, Inc. v. Macon County Farm Bureau, Inc., The Macon

County Fair Association, and The Macon County Horsemen's Association - Macon

County Building, Boardroom 504, 253 East Wood Street, Decatur.

March 24

10:00 a.m.

PCB 93-145

A-E

People of the State of Illinois v. Monarch Asphalt Co. - James R. Thompson Center,

Room 11-500, 100 West Randolph Street, Chicago.

March 25

1:00 p.m.

AS 91-9

Water

In the Matter of: Petition of the City of East Moline and the IEPA for Adjusted

Standard from 35 Ill. Adm. Code 304 - American Legion Post No. 227, 829 16th

Street, East Moline.

April 5

10:30 a.m.

R 93-30

R, Air

In the Matter of: Contingency Measures for PM10 Emissions: Amendments to 35 Ill.

Adm. Code 106 and 212 - James R. Thompson Center, Room 2-025, 100 West

Randolph Street, Chicago.

April 7

9:00 a.m.

PCB 93-250

A-E

People of the State of Illinois v. Clark Oil & Refining Corporation (Wood River

Refinery) - Alton City Hall, Council Chambers, 101 East Third Street, Alton.

April 8

9:00 a.m.

PCB 93-250

A-E

People of the State of Illinois v. Clark Oil & Refining Corporation (Wood River

Refinery) - Alton City Hall, Council Chambers, 101 East Third Street, Alton.

Calendar Codes

3d P

Third Party Action

A-CAdministrative Citation

A-E

Air Enforcement

A-SAdjusted Standard

A-V

Air Variance

CSOCombined Sewer Overflow Exception

Groundwater

L-ELand Enforcement

L-S-R

Landfill Siting Review

L-VLand Variance

Environmental Register No. 479

February, 1994/Page

February, 1994/Page 15

N-E

Noise Enforcement

N-VNoise Variance

P-A

Permit Appeal

PWS-EPublic Water Supply Enforcement

PWS-V

Public Water Supply Variance

RRegulatory Proceeding

Alternative Standards (35 ILL. ADM.

CODE 302.211(f))

SWH-ESpecial Waste Hauling Enforcement

SWH-V

Special Waste Hauling Variance

TThermal Demonstration Rule

T-C

Tax Certifications

T-STrade Secrets

UST-E

Underground Storage Tank Enforcement

UST-FRDUnderground Storage Tank Fund Reimbursement

Determination

W-E

Water Enforcement

W-VWater Variance

WWS

Water-Well Setback Exception

Page

Page 16

16/ February, 1994

/ February, 1994

Environmental Register No. 479

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

RESTRICTED STATUS LIST

In order to comply with 35 Illinois Administrative Code Section 306.401 Illinois Pollution Control Board

Regulations, the Illinois EPA has prepared the following list of facilities which are on Re

stricted Status.

Restricted Status is defined as the Agency determination that a sewer or lift station has reached

hydraulic capacity or that a sewage treatment plant has reached design capacity, such that additional sewer

connection permits may no longer be issued without causing a violation of the Act or Regulations. Please

note that the list is continually being revised to reflect the current situation. Therefore, if you have

any questions on the capability of a treatment facility or transport system, please contact this Agency for

a final determination. This listing reflects the status as of December 31, 1993.

Facility names followed by an asterisk (*) indicates that construction is underway to ultimately alleviate

problems which resulted in imposition of Restricted Status. Facilities followed by a double asterisk (**)

are additions to the list.

REMAINING

FACILITY NAME

RESPONSIBLE AUTHORITY

COUNTY

CAPACITY

Bourbonnais (Belle Aire Subd.)

Consumers Illinois Water

Kankakee

Camelot Utilities - Wastewater

Camelot Utilities

Will

Collection System

Camp Point (a portion mh 60-68)

Village of Camp Point

Adams

Candlewick Lake STP

Consumer Ill. Water Co.

Boone

Canton - S.S. Surcharging

City of Canton

Fulton

New Salem, 4th Ave.,

Sycamore, Sycamore Terr.,

Main Street

Chapin (North and South Main

Village of Chapin

Morgan

Terminal L.S.)

Clearview S.D.

McLean

DeKalb-NW 8" Submain

City of DeKalb

DeKalb

East Alton STP

City of East Alton

Madison

Elmwood

City of Elmwood

Peoria

Farmington

City of Farmington

Fulton

Highview Estates

Highview Water Co.

Tazewell

Lake Zurich (NW) STP

Village Of Lake Zurich

Lake

Lake Zurich (SE) STP

Village of Lake Zurich

Lake

Maple Lawn Homes STP

Maple Lawn Homes

Woodford

Oak Highlands S.D.*

Oak Highlands S.D.

Will

Riverton (Sewer System-Partial)

Village of Riverton

Sangamon

Stockton STP

Village of Stockton

JoDaviess

Taylorville Shawnee Ave. Pump

City of Taylorville

Christian

Station

Utilities Unlimited

Will

Virden (Sewer System-Partial)

Virden S.D.

Macoupin

Washington ( Devonshire Estates)

City of Washington

Tazewell

Washington (Rolling Meadows)

City of Washington

Tazewell

Watseka STP

City of Watseka

Iroquois

Deletions from previous Quarterly Report

: Cambridge STP, Lake Villa

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

CRITICAL REVIEW LIST

In order to comply with 35 Illinois Administrative Code Section 306.401, Illinois Pollution Control Board

Regulations, the Illinois Environmental Protection Agency has prepared the following list of facilities

which are on Critical Review. Critical Review as defined as the Agency determination that a sewer or

lift station is approaching hydraulic capacity or that a sewage treatment plant is approaching design

capacity such that additional sewer connection permit applications will require close scrutiny to

determine whether issuance would result in a violation of the Act or Regulations. Please note that these

lists are continually being revised to reflect the current situation. Therefore, if you have any

questions on the capability of a treatment facility or transport system, please contact the Agency for a

final determination. This listing reflects the status as of December 31, 1993.

Facility names followed by a double asterisk are additions to the list.

PE ADDED

FACILITY

RESPONSIBLE

REMAINING

SINCE

NAME

AUTHORITY

COUNTY

CAPACITY

LAST LIST

Antioch

Village of Antioch

Lake

Beecher STP

Village of Beecher

Will***

Benton-Southeast STP

City of Benton

Franklin

Bethalto ( L.S. #1)

Village of Bethalto

Madison

Bolingbrook STP 2

Village of Bolingbrook

Will

249

Braidwood STP

City of Braidwood

Will

Carrier Mills

Village of Carrier Mills

Saline

836

Carrollton

City of Carrollton

Greene

140

Chester

City of Chester

121

Crest Hill - West STP

City of Crest Hill

Will

175

Environmental Register No. 479

February, 1994/Page

February, 1994/Page 17

Creve Coeur

Village of Creve Coeur

Tazewell

2,330

Derby Meadows Utility Co.

STP

Derby Meadows Utility Co.

Will

Downers Grove Sanitary Dist. Downers Grove S.D.

DuPage

8,864

Earlville

City of Earlville

LaSalle

297

East Dundee STP

Village of E. Dundee

Kane

1,701

Elkville

Village of Elkville

Jackson

Elmhurst

City of Elmhurst

DuPage

Findlay

Village of Findlay

Shelby

Hebron

Village of Hebron

McHenry

118

Herrin

City of Herrin

Williamson

***

Herscher

Village of Herscher

Kankakee

Hoopeston

City of Hoopeston'

Vermilion

Kildeer-Bishop-Ridge STP

Village of Kildeer

Lake

CLPWD-DeerfieldRd. Interceptor

County of Lake Public Works

Lake

***

Department

Lake in the Hills S.D.

Village of Lake in the Hills

McHenry

1,062

Milan

Village of Milan

Rock Island

1,127

Moline (North Slope)

City of Moline

Rock Island

1,151

O'Fallon

City of O'Fallon

St. Clair

968

Orangeville

Village of Orangeville

Stephenson

Pearl City

Village of Pearl City

Stephenson

Peotone

Village of Peotone

Will

Rock Island (Main)

City of Rock Island

Rock Island

5,012

Sycamore (Southwest)

City of Sycamore

DeKalb

Thompsonville STP

Village of Thompsonville

Franklin

Deletetions from previous quarterly report

: DPCDEC - Knollwood

***Contact IEPA - Permit Section

Page

Page 18

18/ February, 1994

/ February, 1994

Environmental Register No. 479

Printed by Authority of the State of Illinois, February, 1994, 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

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

Illinois Pollution Control Board

State of Illinois Center, 11-500

100 West Randolph Street

Chicago, Illinois 60601

(312) 814-3620

Address Correction Requested.