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NVIRONMENTAL
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EGISTER
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Illinois Pollution Control Board News
Illinois Pollution Control Board News
No. 480
No. 480
March, 1994
March, 1994
THE BOARD INTENDS TO REVITALIZE ITS "TWO-DAY" AGENDA CUTOFF RULE,
35 Ill. Adm. Code 101.181
Chairman Manning has implemented a number of changes in internal Board procedures in an effort to enhance the Board's
efficiency in managing its docket. One change that will potentially affect those appearing before the Board is full
implementation of a 1989 Board procedural rule that provides for a two-day cutoff on filings before a Board meeting.
Section 101.181 of the Board's procedural rules states: "Unless the Board determines that undue delay or material prejudice
will result, no document received by the Clerk after 4:30 p.m. two days before a scheduled Board meeting will be placed on
the agenda for that Board meeting. Any such filing will appear on the agenda for the next regularly scheduled Board meeting."
In the past, the Board had taken a liberal approach and routinely accepted documents filed on the Tuesdays before Thursday
meetings. Since the Board's meetings begin at 10:30 a.m., this often left the Board with one day to distribute the necessary
documents internally and deliberate on them.
The Board will no longer routinely place items on its agenda unless the filing is received by the Board before 4:30 p.m. fully
two days before the meeting. For example, most filings received after 4:30 p.m. on Monday will not appear on the Thursday
agenda for that week. The exceptions will be provisional variance recommendations filed by the Agency and those filings
qualifying for the exemption provided within the rule.
RULE
RULEMAKING UPDATE
MAKING UPDATE
REPEAL OF STAGE II VAPOR RECOVERY ADOPTED FOR THE
METRO-EAST AREA, R93-28
On February 17, 1994, the Board adopted the repeal of the Stage
II vapor recovery rules that formerly applied in the metropolitan East
St. Louis statistical area (Madison, Monroe, and St. Clair Counties in
Illinois). The Stage II rules required gasoline dispensers (primarily
gasoline service stations) to install and maintain equipment to
control the release of gasoline vapors while dispensing fuel. The
rules were 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 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 Illinois
EPA (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 for the Metro-
East area. (
Issue 471, June 16, 1993.
)
The Agency filed a proposal on October 21, 1993 for the repeal
of these regulations. The Agency indicated that the U.S. EPA
intended to promulgate regulations requiring on-board vehicle
controls for gasoline vapor recovery systems. This federal action,
which obviated the need for controls at the dispensing facility, were
adopted by U.S. EPA on January 24, 1994. So that no time would
be lost in the repeal of the Stage II rules, 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
adoption of the new U.S. EPA on-board vehicle controls. On
January 20, 1994, the Board proposed the repeal for Second Notice
review by the Joint Committee on Administrative Rules (JCAR).
(
Issue 479, Feb. 1, 1994.
) The Board was free to adopt the
proposed repeal after it received a Certificate of No Objection from
JCAR on February 25, 1994. The repeal became effective when
filed with the Secretary of State on March 8, 1994. The repeal of
the Stage II vapor recovery rules for the Metro-East area does not
affect the similar Stage II 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.
ARMY CORPS. DREDGING WATER QUALITY RULE ADOPTED,
R92-17
On February 3, 1994, the Board adopted regulations that will
govern the placement of dredged material along the Illinois River
between miles 80.2 and 291 by the Army Corps. of Engineers
during dredging operations. This rule imposes alternative limitations
on the placement of dredged material, in place of the former
prohibition against causing offensive conditions or a violation of the
water quality limitations for dissolved oxygen, total lead, total zinc,
total copper, and ammonia nitrogen and un-ionized ammonia. The
alternative limitations would allow bankline deposition during
dredging operations, and would govern the percent of fine-grained
material in the dredge cut and the area of the water that does not
comply with the water quality standards. The limitations would
require the Army Corps. to hold a Water Quality Certification for the
dredging operations issued by the Agency pursuant to Section 401
of the Clean Water Act (33 U.S.C. § 1341).
The Army Corps. filed a proposal on September 17, 1992, and
the Board proposed the rule for First Notice public comment on
September 26, 1993. (
See issue 475, Oct. 6, 1993.
) The Board
held public hearings on June 22, 1993, in Peoria, and June 23,
1993, in Morris. On December 2, 1993, the Board proposed the
rule for Second Notice review by the Joint Committee on
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Environmental Register No. 480
Environmental Register No. 480
Administrative Rules (JCAR). The Board issued a supplemental
opinion on December 16, 1993, in which it considered an additional
public comment filed without changing the language of the proposed
rule. The Board was free to adopt the rule after receiving a
Certificate of No Objection from JCAR on January 14, 1994. The
rule became effective when filed with the Secretary of State on
February 14, 1994.
Direct questions to Michelle C. Dresdow, at 815-753-0947.
Please refer to docket R92-17.
CORRECTIONS TO THE NEW SOURCE REVIEW RULES
PROPOSED FOR SECOND NOTICE, R93-26
On February 17, 1994, the Board proposed corrective
amendments to the new source review rules for Second Notice
review by the Joint Committee on Administrative review (JCAR).
The Board took this action under docket number R93-26,
Amendments to the New Source Review Rules, 35 Ill. Adm. Code
203
. These proposed amendments would correct a typographical
error made in an earlier proceeding.
The Board adopted the new source review rules on April 22,
1993, under docket number R92-21. (
Issue 470, May 19, 1993.
)
The Agency filed a motion, on October 1, 1993, requesting that the
Board request a Certification of Correction to the adopted rules from
the Joint Committee on Administrative Rules. The Agency stated
that the failure to properly underline and strikeout text in its original
proposal resulted in an error in Section 203.209(a)(4): emissions of
particulate matter are significant if they exceed 25 tons per year
(tpy), rather than 15 tpy. The Illinois Steel Group, a trade
association, disagreed, stating that the error was substantive in
nature, and that it deprived the public of the opportunity to comment
on the intended change.
Although the Board agreed with the Agency that the error must
be corrected as soon as possible, it did not want to appear to make
a substantive amendment using the expedited correction process of
Section 5-85 of the Administrative Procedure Act. For this reason,
the Board chose to open a new docket on October 7, 1993 under
Section 28.2 of the Environmental Protection Act. (
Issue 476, Nov.
3, 1993.
)
The Board held public hearings on the proposed amend-
ments on December 8, 1993 and January 27, 1994. The Board has
since submitted the proposed amendments for review by JCAR.
The Board will be free to adopt the proposed amendments after it
receives a Certificate of No Objection from JCAR or 45 days after
JCAR received the proposed amendments, whichever comes first.
Direct questions to Marie E. Tipsord, at 312-814-4925 or 618-
498-9803. Please refer to docket R93-26.
DEADLINE EXTENDED IN CONTINGENCY PLAN UPDATE, R92-
18
On February 3, 1994, the Board entered an order that will have
the effect of extending the deadline in the R92-18, contingency plan
update docket. This extension follows earlier extensions of March
25, 1993 and August 5, 1993. (
Issues 468, Apr. 7, 1993 & 474,
Sept. 8, 1993
).
The R92-18 docket would update the Illinois contingency plan
regulations of 35 Ill. Adm. Code 750 to correspond with federal
revisions to 40 CFR 300, the U.S. EPA contingency plan rules. The
Board originally adopted Part 750 on July 16, 1984. These rules
were last amended to correspond with federal amendments on June
24, 1985. Although U.S. EPA has since amended the
corresponding federal regulations, the Board again delayed the
proceeding at the request of the Illinois EPA. The Agency asserts
that it is seeking legislative action in the present session of the
General Assembly that will amend or repeal the mandate of Section
22.7 of the Act, which presently requires the Board to adopt and
update these regulations.
Direct questions to Musette H. Vogel, at 217-524-8509. Please
refer to docket R92-18.
BOARD EXTENDS DEADLINE IN PRETREATMENT UPDATE,
R93-20
On February 3, 1994, the Board entered an order that extended
the deadline of the wastewater pretreatment regulations docket,
R93-20, until March 17, 1994. The Board did this to gain further
time to decide what to do about the February 19, 1993 amendments
to the federal sewage sludge management regulations.
Illinois does not have a counterpart program to the federal sludge
rules, but we do have a wastewater pretreatment program. The
federal sludge amendments had an impact on the federal
wastewater pretreatment program, the body of regulations from
which the Illinois pretreatment program derives. The federal
pretreatment amendments, made as a segment of the federal
sludge program, presented the Board with issues relating to
whether it should proceed to adopt elements of a federal program
for which Illinois has no regulatory counterpart. The Board intended
to use the short delay to determine what further actions to
undertake.
Direct questions to Elizabeth S. Harvey, at 312-814-6921.
Please refer to docket R93-20.
APPELLATE UPDATE
SUPREME COURT OVERTURNS THIRD DISTRICT
DETERMINATION THAT INDIVIDUAL WASTE
Environmental Register No. 480
Environmental Register No. 480
March, 1994/Page
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3
GENERATORS MUST OBTAIN §39(h)
AUTHORIZATIONS FOR DISPOSAL
The Illinois Supreme Court recently reversed an Illinois
Appellate Court decision and confirmed the Board's
dismissal of a citizen's land enforcement complaint in
Envirite Corp. v. EPA (Feb. 17, 1994), No. 75060, rev'g
Envirite Corp. v. Pollution Control Board (3d Dist. 1993),
239 Ill. App. 3d 1004, 607 N.E.2d 302. Interpreting
Section 39(h) of the Environmental Protection Act as
amended while the appeal was pending before the Supreme
Court, the Court held that the last waste treater is the
generator for the purposes of authorization for deposit at a
facility. Thus, the Court reversed the appellate court's
determination that the General Assembly intended the
authorization provision to apply to the initial generator of
the waste.
In Envirite Corp. v. Peoria Disposal Corp. (Dec. 19,
1991), PCB 91-152, the complaint alleged that the respon-
dent, Peoria Disposal Co. (PDC), violated the Environmen-
tal Protection Act because it disposed of hazardous wastes in
its landfill without PDC, as the generator having first
obtained authorization from the Agency for landfill disposal.
(The complainant, Envirite Corp., was a competitor of
PDC in treating the wastes at issue.) Section 39(h) of the
Act requires that the generator of hazardous waste and the
disposal site owner must obtain authorization from the
Agency for the deposit of each specific hazardous waste
stream.
In granting summary judgment, the Board held that PDC
was the generator of the wastes for the purposes of the Act
because PDC mixed and treated the wastes from various
generators prior to disposal. Thus, the generator for the
purposes of Section 39(h) was PDC, not the generator from
whom PDC had received the unblended, untreated wastes,
and PDC had the necessary Agency authorization for this
blended and treated wastestream.
In reversing the Board, the Third District appellate court
looked to the legislative intent and held, as to the dismissal
of the complaint against PDC, that the original industrial
producer of a hazardous waste is a "generator" for the
purposes of Section 39(h), even where the disposal site
owner and operator treated the waste prior to disposal.
Hence, according to the court, the original producer of the
waste is required to obtain Section 39(h) authorization for
disposal from the IEPA. (
See issue 464, Feb. 3, 1993.
)
The Supreme Court began its analysis by noting that the
General Assembly had amended Section 39(h) subsequent to
the Third District's decision and while the appeal was
pending before the Supreme Court. The Court noted that
where vested rights are not involved, the reviewing court
should follow the law as it exists at the time of its decision,
not the law as it stood earlier. Concluding that there was no
vested right "in the continuance of a law", the Court gave
effect to the intervening amendments. The language added
by the General Assembly clearly stated that the generator is
the person who treats the waste prior to disposal, so PDC
would be the generator of the wastes for the purposes of
Section 39(h) authorization. The Supreme Court concluded
that where a statute is clear, a court should apply its clear
and unambiguous language.
FINAL ACTIONS
FINAL ACTIONS - February 3, 1994 BOARD MEETING
- February 3, 1994 BOARD MEETING
93-121
Gunite Corporation v. EPA - The Board
granted voluntary dismissal of this land permit
appeal involving a Winnebago County facility.
93-162
Wilmer Brockman, Jr. and First Midwest
Bank of Joliet as Trustee Under Trust No. 757
- The Board affirmed the Agency's denial of a
permit to temporarily suspend waste
acceptance by the petitioners involving a
LaSalle County facility.
93-174
Applied Composites Corporation v. EPA -
The Board granted voluntary dismissal of this
air permit appeal involving a Kane County
facility.
93-247
Valerie Johnson, Michael Brenston, Cheryl
Johnson, People for Community Recovery,
Inc. v. Emergency Preparedness & Disaster
Services, Chicago Fire Department, and City
of Chicago, a municipal corporation - The
Board granted respondents' motion to dismiss
this citizens' enforcement action against a
Cook County facility for their failure to
provide information submitted under certain
provisions of the federal Emergency Planning
and Community Rights to Know Act (EPCRA)
for lack of jurisdiction because the
Environmental Protection Act did not fully
incorporate the federal requirements.
93-256
People of the State of Illinois v. Greif
Brothers, Inc. - The Board accepted a
stipulation and settlement agreement filed by
the parties in this air enforcement action
against a Cook County facility and ordered the
respondent to pay a civil penalty of
$41,500.00 and cease and desist from further
violation. Board Member J. Theodore Meyer
concurred.
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93-259
People of the State of Illinois v. World's
Finest Chocolate, Inc. - The Board accepted a
stipulation and settlement agreement filed by
the parties in this air enforcement action
against a Cook County facility and ordered the
respondent to pay a civil penalty of $8,000.00
and cease and desist from further violation.
93-262
People of the State of Illinois v. Koch Fuels,
Inc., d/b/a Koch Materials Company - The
Board accepted a stipulation and settlement
agreement filed by the parties in this
Emergency Planning and Community Rights
to Know Act (EPCRA) enforcement action
against a Cook County facility and ordered the
respondent to pay a civil penalty of $2,600.00
and cease and desist from further violation.
Board Member J. Theodore Meyer concurred.
93-263
People of the State of Illinois v. United Globe
Nippon, Inc. - The Board accepted a
stipulation and settlement agreement filed by
the parties in this air enforcement action
against a Cook County facility and ordered the
respondent to pay a civil penalty of
$10,000.00 and cease and desist from further
violation. Board Member J. Theodore Meyer
concurred.
94-23
Greater Rockford Airport Authority v. EPA -
The Board granted voluntary dismissal of this
land permit appeal involving a Winnebago
County facility.
94-48
Shell Oil Company v. EPA - Upon receipt of
an Agency recommendation, the Board
granted the petitioner a 45-day extension of
previous provisional variances granted in PCB
93-208 and PCB 94-11, extending the Stage II
vapor recovery requirements for and
additional 45 days for eighty-nine facilities
located in Cook, DuPage, Will, Lake, Mc-
Henry, and Kane Counties.
94-50
The Finishing Company v. EPA - Upon
receipt of an Agency recommendation, the
Board granted the petitioner a 30-day
provisional variance from the 90-day limita-
tion on accumulation of hazardous wastes at its
Cook County facility.
AC 93-6
Sangamon County v. Ruth Ann Sheppard and
Steve Sheppard - The Board ordered the
respondents to pay hearing costs in the amount
of $1,088.35.
AC 93-64
IEPA v. Otto L. Myles - The Board entered a
default order finding the respondent had
violated Section 21(p)(1) and 21(p)(3) of the
Act at its Clark County facility and ordered
the respondent to pay a civil penalty of
$1,000.00.
AC 94-1
IEPA v. Elmer Meints - The Board granted
the Agency's motion to dismiss this admini-
strative citation against a Livingston County.
R92-17
In the Matter of: Petition of the U.S. Army
Engineer District, Rock Island, for a Dredged
Material Placement Regulation Applicable to
the Illinois River/Waterway Between
LaGrange Lock and Dam (Mile 80.2) and
Lockport Lock (Mile 291): 35 Ill. Adm. Code
303.400 -
See Rulemaking Update.
NEW CASES
NEW CASES - February 3, 1994 BOARD MEET
- February 3, 1994 BOARD MEETING
ING
93-232
David Geuther and Fehr-Graham & Associates
(Dave's Standard Service) v. EPA - The
Board accepted this underground storage tank
reimbursement determination appeal involving
a LaSalle County facility for hearing.
93-246
City of Elgin v. EPA - The Board accepted an
amended petition for hearing in this
underground storage tank reimbursement
determination appeal involving a Kane County
facility.
93-247
Valerie Johnson, Michael Brenston, Cheryl
Johnson, People for Community Recovery,
Inc. v. Emergency Preparedness & Disaster
Services, Chicago Fire Department, and City
of Chicago, a municipal corporation -
See
Final Actions.
93-260
Glenbard Wastewater Authority v. EPA - The
Board accepted an amended petition in this
water variance proceeding involving a DuPage
County facility for hearing.
94-25
Shell Oil Company v. County of DuPage and
the IEPA - The Board accepted this water well
setback exception petition involving a DuPage
County facility for hearing.
Environmental Register No. 480
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March, 1994/Page
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5
94-42
Madison Group 90 v. Office of the Illinois
State Fire Marshal - The Board accepted this
underground storage tank reimbursement
appeal involving a Cook County facility for
hearing.
94-43
American Tree Service, Inc. v. EPA - The
Board accepted for hearing this open burning
permit appeal involving a Sangamon County
facility.
94-44
Concerned Citizens For a Better Environment
v. City of Havana and Southwest Energy
Corporation - The Board accepted this third
party appeal of a City of Havana local siting
approval for a proposed Mason County
regional pollution control facility (municipal
solid waste incinerator) for hearing.
94-45
Metropolitan Airport Authority of Rock Island
County v. Office of the Illinois State Fire
Marshal - The Board accepted this
underground storage tank reimbursement
appeal involving a Rock Island County facility
for hearing.
94-46
Benet Academy v. Office of the Illinois State
Fire Marshal - The Board accepted this
underground storage tank reimbursement
appeal involving a DuPage County facility for
hearing.
94-47
Dart Container Corporation of Illinois v. EPA
- The Board accepted this underground
storage tank reimbursement appeal involving a
Kane County facility for hearing.
94-48
Shell Oil Company v. EPA -
See Final
Actions.
94-49
Ted Horton Chevrolet-Oldsmobile-Geo, Inc.
v. EPA - The Board accepted this
underground storage tank reimbursement
appeal involving a Cook County facility for
hearing.
94-50
The Finishing Company v. EPA -
See Final
Actions.
94-51
Rodney B. Nelson, III, M.D. v. Kane County,
Kane County Board, and Waste Management
of Illinois - The Board held this third party
appeal of local approval of siting for a
proposed Kane County regional pollution
control facility.
94-52
People of the State of Illinois v. Jays Foods,
Inc. - The Board recieved an air enforcement
complaint against a Cook County facility.
94-53
David Geuther and Fehr-Graham & Associates
(Dave's Stand Service) v. EPA - The Board
construed petitioner's motion to supplement its
appeal in PCB 93-232 as a new petition and
accepted this underground storage tank
reimbursement determination appeal
involving a LaSalle County facility for
hearing.
FINAL ACTIONS
FINAL ACTIONS - February 17, 1994 BOARD MEETING
- February 17, 1994 BOARD MEETING
92-205
Douglas Furniture of California v. EPA - The
Board granted voluntary dismissal of this air
permit appeal involving a Cook County
facility.
93-60
Industrial Salvage Inc. and John Prior v. EPA
- The Board affirmed the Agency's denial of
prior conduct certification to John Prior and a
supplemental operating permit to Industrial
Salvage, Inc. and John Prior in this land
permit appeal involving a Marion County
facility. (Consolidated with PCB 93-61.)
93-61
Industrial Salvage Inc. and John Prior v. EPA
-
See PCB 93-60.
(Consolidated with PCB 93-
60.)
93-118
People of the State of Illinois v. Marsco
Manufacturing Co. - The Board accepted a
stipulation and settlement agreement in this air
enforcement action against a Cook County
facility and ordered the respondent to pay a
civil penalty of $25,000.00 and cease and
desist from further violation. Board Member
J. Theodore Meyer concurred.
93-233
Enviropur Waste Refining and Technology,
Inc. v. EPA - The Board granted voluntary
dismissal of this land permit appeal involving a
Cook County facility.
94-16
People of the State of Illinois v. Central
Illinois Public Service (Newton Unit #1 and
#2) - The Board accepted a stipulation and
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/ March, 1994
Environmental Register No. 480
Environmental Register No. 480
settlement agreement in this air enforcement
action against a Jasper County facility and
ordered the respondent to pay a civil penalty
of $40,000.00 and cease and desist from
further violation. Board Member J. Theodore
Meyer concurred.
94-17
People of the State of Illinois v. Olin
Corporation - The Board accepted a stipulation
and settlement agreement in this air
enforcement action against a Madison County
facility and ordered the respondent to pay a
civil penalty of $25,000.00 and cease and
desist from further violation. Board Member
J. Theodore Meyer concurred.
94-20
People of the State of Illinois v. Gerald V.
Johnson d/b/a Jerry's - The Board accepted a
stipulation and settlement agreement in this air
enforcement action against a Ogle County
facility and ordered the respondent to pay a
civil penalty of $1,500.00 and cease and desist
from further violation. Board Member J.
Theodore Meyer concurred.
94-24
North Shore School District #112 (Braeside
Elementary School) v. Officer of the Illinois
State Fire Marshal - The Board granted
voluntary dismissal of this underground
storage tank reimbursement appeal involving a
Lake County facility.
94-39
People of the State of Illinois v. Top Disposal
Service, Inc. - The Board accepted a
stipulation and settlement agreement in this air
enforcement action against a Cook County
facility and ordered the respondent to pay a
civil penalty of $4,000.00 and cease and desist
from further violation. Board Member J.
Theodore Meyer concurred.
94-62
Smith Oil Company v. EPA - Upon receipt of
an Agency recommendation, the Board
granted the petitioner a 45-day extension of its
previous provisional variances granted in PCB
94-30, delaying the deadline for compliance
with the Stage II vapor recovery requirements
for an additional 45 days for its Will County
facility.
94-63
T.M.L. Associates, Inc. v. EPA - Upon
receipt of an Agency recommendation, the
Board granted the petitioner a 45-day
extension of its previous provisional variances
granted in PCB 93-224 and PCB 93-254,
delaying the deadline for compliance with the
Stage II vapor recovery requirements for an
additional 45 days for its Kane County facility.
94-64
Mobil Oil Corporation v. EPA - Upon receipt
of an Agency recommendation, the Board
granted the petitioner a 45-day extension of its
previous provisional variances granted in PCB
93-199, PCB 93-212, PCB 94-4, PCB 94-8,
and PCB 94-36, delaying the deadline for
compliance with the Stage II vapor recovery
requirements for an additional 45 days for
seventy-four of its facilities in Cook, DuPage,
Lake, Kendall and Will Counties.
94-65
Hertz Corporation v. EPA - Upon receipt of
an Agency recommendation, the Board
granted the petitioner a 45-day extension of its
previous provisional variances granted in PCB
93-217 and PCB 93-251, delaying the deadline
for compliance with the Stage II vapor
recovery requirements for an additional 45
days for its Cook County facility.
94-66
State Oil Company v. EPA - Upon receipt of
an Agency recommendation, the Board
granted the petitioner a 45-day extension of its
previous provisional variances granted in PCB
93-198 and PCB 94-6, delaying the deadline
for compliance with the Stage II vapor
recovery requirements for an additional 45
days for fifteen of its facilities in Cook, Lake,
McHenry, DuPage, and Kendall Counties.
94-67
Delta Sonic Carwash Systems, Inc. v. EPA -
Upon receipt of an Agency recommendation,
the Board granted the petitioner a 45-day
extension of its previous provisional variances
granted in PCB 93-218 and PCB 94-7,
delaying the deadline for compliance with the
Stage II vapor recovery requirements for an
additional 45 days for its Cook County
facility.
94-68
Graham C-Stores Company v. EPA - Upon
receipt of an Agency recommendation, the
Board granted the petitioner a 45-day
extension of its previous provisional variances
granted in PCB 93-237, delaying the deadline
for compliance with the Stage II vapor
recovery requirements for an additional 45
days for five of its facilities in Cook and Lake
Counties.
94-69
Marathon Oil Company v. EPA - Upon
receipt of an Agency recommendation, the
Board granted the petitioner a 45-day
extension of its previous provisional variances
granted in PCB 93-208 and PCB 94-11,
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7
delaying the deadline for compliance with the
Stage II vapor recovery requirements for an
additional 45 days for seven of its facilities in
Cook, Kane, McHenry, and Will Counties.
94-70
Amoco Oil Company v. EPA - Upon receipt
of an Agency recommendation, the Board
granted the petitioner a 30-day provisional
variance from the 90-day limitation on
accumulation of hazardous wastes at its Cook
County facility.
94-71
Warner Lambert Company v. EPA - Upon
receipt of an Agency recommendation, the
Board granted the petitioner a 30-day
provisional variance from the 90-day
limitation on accumulation of hazardous
wastes at its Winnebago County facility.
AC 93-36
Illinois Environmental Protection Agency v.
Royanne Grooms and Randy Rowe - The
Board vacated its October 7, 1993 default
order and granted voluntary dismissal of this
administrative citation against LaSalle County
respondents.
AC 93-65
Illinois Environmental Protection Agency v.
Gallatin National Company - The Board
entered a default order, finding the respondent
had violated Sections 21(o)(5) and 21(o)(11) of
the Act at its Fulton County facility, and
ordered the respondent to pay a civil penalty
of $1,000.00.
AC 93-66
Illinois Environmental Protection Agency v.
Orville Bartels - The Board entered a default
order, finding the respondent had violated
Section 21(p)(1) of the Act at its Cass County
facility, and ordered the respondent to pay a
civil penalty of $500.00.
AC 94-2
Sangamon County v. Lillie Moreland - The
Board entered a default order, finding 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.
AS 92-8
In the Matter of: Petition of Cabot
Corporation for an Adjusted Standard from 35
Ill. Adm. code 738.Subpart B - The Board
granted the petitioner an adjusted standard
from the requirements of 35 Ill. Adm. Code
738.Subpart B for two underground injection
wells at its Douglas County facility, subject to
conditions.
AS 93-7
In the Matter of: Petition of Keystone Steel
and Wire Company for an Adjusted Standard
from 35 Ill. Adm. Code 721.132 - The Board
granted the petitioner an adjusted standard,
subject to conditions, that delists treated
sediment from its Peoria County facility as a
listed RCRA hazardous waste.
NEW CASES
NEW CASES - February 17, 1994 BOARD MEET
- February 17, 1994 BOARD MEETING
ING
94-51
Rodney B. Nelson, III, M.D. v. Kane County,
Kane County Board, and Waste Management
of Illinois, Inc. - The Board accepted this third
party appeal of local approval of siting for a
proposed Kane County regional pollution
control facility (recycling and solid waste
disposal facility) for hearing. (Consolidated
with PCB 94-58 on motion of the Board.)
94-54
Central Illinois Public Service Company
(Newton Power Station v. EPA - The Board
accepted this NPDES permit appeal involving
a Jasper County facility for hearing.
94-55
Myrtle Landwehrmeier v. EPA - The Board
accepted this underground storage tank
reimbursement appeal involving a Madison
County facility for hearing.
94-56
People of the State of Illinois v. Land O'Frost,
Inc. -The Board received a complaint in this
air enforcement action against a Cook County
facility, together with a proposed stipulation
and settlement agreement and an agreed
motion to request relief from hearing the
requirement, so the Board ordered publication
of the required newspaper notice.
94-57
Central Illinois Public Service Company
(Coffeen Power Station) v. EPA - The Board
accepted this NPDES permit appeal involving
a Montgomery County facility for hearing.
94-58
City of Geneva v. Waste Management of
Illinois, Inc. and County Board, County of
Kane -
See PCB 94-51.
(Consolidated with
PCB 94-51.)
94-59
People of the State of Illinois v. Acme Barrel
Company, Inc. - Upon receipt of proposed
Page
Page 8
8/ March, 1994
/ March, 1994
Environmental Register No. 480
Environmental Register No. 480
stipulation and settlement agreement and an
agreed motion to request relief from hearing
the requirement in this air enforcement action
against a Cook County facility, the Board
ordered publication of the required newspaper
notice.
94-60
Mobil Oil Corporation v. EPA - The Board
accepted this air variance proceeding involving
facilities in Cook, DuPage, Lake, Kendall,
and Will Counties for hearing and granted the
petitioner's motion for expedited review.
94-61
Produce Wagon, Inc. v. EPA - The Board
accepted this underground storage tank
reimbursement appeal involving a Sangamon
County facility for hearing.
94-62
Smith Oil Company v. EPA -
See Final
Actions.
94-63
T.M.L. Associates, Inc. v. EPA -
See Final
Actions.
94-64
Mobil Oil Corporation v. EPA -
See Final
Actions.
94-65
Hertz Corporation v. EPA -
See Final
Actions.
94-66
State Oil Company v. EPA -
See Final
Actions.
94-67
Delta Sonic Carwash Systems, Inc. v. EPA -
See Final Actions.
94-68
Graham C-Stores Company v. EPA -
See
Final Actions.
94-69
Marathon Oil Company v. EPA -
See Final
Actions.
94-70
Amoco Oil Company v. EPA -
See Final
Actions.
94-71
Warner Lambert Company v. EPA -
See
Final Actions.
Environmental Register No. 480
Environmental Register No. 480
March, 1994/Page
March, 1994/Page 9
9
CALENDAR OF HEARINGS
CALENDAR OF HEARINGS
All hearings held by the Board are open to the public. All Pollution Control Board Meetings (highlighted) are open to the
public but public participation is generally not allowed. Times and locations are subject to cancellation and rescheduling
without notice. Confirmation of hearing dates and times is available from the Clerk of the Board at 312- 814-6931.
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.)
March 2
10:00 a.m.
AC 93-30
AC
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
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
March 11
9:00 a.m.
AC 93-45
AC
Montgomery County v. Rita Hefley - Montgomery County Courthouse, County Board
Room, Third Floor, Hillsboro.
March 17
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, 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.
March 28
10:00 a.m.
PCB 93-260
W-V, NPDES
Glenbard Wastewater Authority v. EPA - Glen Ellyn Civic Center, 535 Duane Street,
Glen Ellyn.
March 31
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
April 5
10:30 a.m.
PCB 94-60
A-V
Mobil Oil Corporation v. EPA - James R. Thompson Center, Suite 11-500, 100 West
Randolph Street, Chicago.
April 6
10:00 a.m.
PCB 94-44
L-S-R, 3d P
Concerned Citizens for a Better Environment v. City of Havana and Southwest Energy
Corporation - Mason County Courthouse, Courtroom #1, 100 North Broadway,
Havana.
April 8
10:00 a.m.
PCB 94-55
UST-FRD
Myrtle Landwehrmeier v. EPA - Granite City Hall, Mayor's Conference Room, 2nd
Floor, 2000 Edison Avenue, Granite City.
April 12
10:00 a.m.
PCB 91-11
P-A, RCRA
Burlington Northern Railroad Company v. EPA - Knox County Courthouse, 200 South
Cherry Street, Galesburg.
April 12
10:00 a.m.
PCB 93-122
UST-FRD
EMRO Marketing Company v. EPA - College of Lake County, Room B 205, 19351
West Washington, Grayslake.
April 12
9:00 a.m.
PCB 94-1
L-E
People of the State of Illinois v. Robert D. Fosnock, d/b/a Fos Auto & Truck Parts -
Gillespie Municipal Building, City Council Chamber, 115 North Macoupin, Gillespie.
Page
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10/ March, 1994
/ March, 1994
Environmental Register No. 480
Environmental Register No. 480
April 13
1:00 p.m.
PCB 93-255
UST-FRD
Lindsay-Klein Chevrolet-Olds, Inc., d/b/a Chuck Lindsay Chevrolet-Olds, Inc. v.
Office of the Illinois State Fire Marshal - Whiteside County Sheriff's Department, Law
Enforcement Center, 400 North Cherry Street, Morrison.
April 15
10:00 a.m.
PCB 94-61
UST-FRD
Produce Wagon, Inc. v. EPA - Illinois Pollution Control Board, Suite 402, 600 South
Second Street, Springfield.
April 15
9:30 a.m.
R 93-29
R, Land
In the Matter of: Regulation of Landscape Waste Compost Facilities, 35 Ill. Adm.
Code 830-832 - James R. Thompson Center, Room 9-040, 100 West Randolph Street,
Chicago.
April 19
10:30 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.
April 19
10:00 a.m.
PCB 93-261
L-E
People of the State of Illinois v. Midwest Refinishing, Inc. and Kenneth Ruff - Social
Science Research Institute, Conference Room, 148 North Third Street, DeKalb.
April 21
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
April 21
10:00 a.m.
PCB 94-38
UST-FRD
Park District of Highland Park (Central Park Facility) v. Office of the Illinois State
Fire Marshal - Lake County Courthouse, County Board Assembly Room, 10th Floor,
18 North County Street, Waukegan.
April 22
10:00 a.m.
R 93-29
R, Land
In the Matter of: Regulation of Landscape Waste Compost Facilities, 35 Ill. Adm.
Code 830-832 - Municipal Building, Third Floor, Council Chambers, Seventh and
Monroe Streets, Springfield.
April 26
10:00 a.m.
PCB 94-51
L-S-R, 3d P
Rodney Nelson, III, M.D. v. Kane County, and Illinois Municipal Corporation, Kane
County Board as the Local Siting Authority, and Waste Management of Illinois, Inc.,
as Applicant - City of Geneva, City Hall, Council Chambers, 22 South First Street,
Geneva. (Consolidated with PCB 94-58.)
April 26
10:00 a.m.
R 93-13
R, Water
In the Matter of: Petition of General Motors Corporation to Amend 35 Ill. Adm. Code
303.322 (Site-Specific Regulation for Fluoride) - Danville City Hall, Council
Chambers, 402 North Hazel Street, Danville.
April 27
10:00 a.m.
PCB 93-145
A-E
People of the State of Illinois v. Monarch Asphalt Company - James R. Thompson
Center, Suite 11-500, 100 West Randolph Street, Chicago.
April 27
10:00 a.m.
R 94-2
R, Land
In the Matter of Petroleum Leaking Underground Storage Tanks, 35 Ill. Adm. Code
732 - County Board Chambers, 200 South Ninth Street, 2nd Floor, Springfield.
April 28
10:00 a.m.
PCB 93-145
A-E
People of the State of Illinois v. Monarch Asphalt Company - James R. Thompson
Center, Suite 11-500, 100 West Randolph Street, Chicago.
April 28
10:00 a.m.
R 94-2
R, Land
In the Matter of Petroleum Leaking Underground Storage Tanks, 35 Ill. Adm. Code
732 - County Board Chambers, 200 South Ninth Street, 2nd Floor, Springfield.
April 29
10:00 a.m.
PCB 94-25
WWSE
Shell Oil Company v. County of DuPage and EPA - DuPage County Courthouse,
Court Room 2001, 505 North County Farm Road, Wheaton.
May 5
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
Environmental Register No. 480
Environmental Register No. 480
March, 1994/Page
March, 1994/Page 11
11
May 5
10:00 a.m.
AS 93-8
A-S, Water
In the Matter of: Petition of AKZO Chemicals Inc. for an Adjusted Standard from 35
Ill. Adm. Code 302.208 and 304.105 (TDS, chlorides, sulfates, and boron) - Grundy
County Administrative Center, Board Room, 1320 Union Street, Morris.
May 5
10:00 a.m.
PCB 93-128
P-A, RCRA
National Coatings, Inc. v. EPA - Knox County Courthouse, Conference Room, 200
South Cherry Street, Glaesburg.
May 10
10:00 a.m.
PCB 93-111
UST-FRD
Bocker Chevrolet Company v. EPA - Freeport City Hall, Council Chambers, 230
West Stephenson Street, Freeport.
May 16
10:00 a.m.
PCB 94-26
P-A, Air
Marathon Oil Company v. EPA - Robinson Library, 606 North Jefferson Street,
Robinson.
May 16
10:00 a.m.
PCB 94-27
A-V
Marathon Oil Company v. EPA - Robinson Library, 606 North Jefferson Street,
Robinson.
May 19
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
May 23
10:00 a.m.
R 94-2
R, Land
In the Matter of Petroleum Leaking Underground Storage Tanks, 35 Ill. Adm. Code
732 - James R. Thompson Center, Suite 9-040, 100 West Randolph Street, Chicago.
May 24
10:00 a.m.
R 94-2
R, Land
In the Matter of Petroleum Leaking Underground Storage Tanks, 35 Ill. Adm. Code
732 - James R. Thompson Center, Suite 9-040, 100 West Randolph Street, Chicago.
May 26
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.
June 2
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
June 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.
June 9
9:00 a.m.
PCB 93-250
A-E
People of the State of Illinois v. Clark Oil & Refining Corporation (Blue Island
Refinery) - Meadows Golf Club of Blue Island, 2802 West 123d Street, Blue Island.
June 23
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
July 21
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
August 11
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
September 1
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
Spetember 15
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
October 6
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
October 20
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
Page
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12/ March, 1994
/ March, 1994
Environmental Register No. 480
Environmental Register No. 480
November 3
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
December 1
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
December 15
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
January 12
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
February 16
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
March 16
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
April 20
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
May 18
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
June 15
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
Calendar Code
3d P
Third Party Action
A-CAdministrative Citation
A-E
Air Enforcement
A-SAdjusted Standard
A-V
Air Variance
CSOCombined Sewer Overflow Exception
GW
Groundwater
L-ELand Enforcement
L-S-R
Landfill Siting Review
L-VLand Variance
N-E
Noise Enforcement
N-VNoise Variance
P-A
Permit Appeal
PWS-EPublic Water Supply Enforcement
PWS-V
Public Water Supply Variance
RRegulatory Proceeding
S0
2
S0
2
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
Environmental Register No. 480
Environmental Register No. 480
March, 1994/Page
March, 1994/Page 13
13
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
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 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
Page
Page 14
14/ March, 1994
/ March, 1994
Environmental Register No. 480
Environmental Register No. 480
Printed by Authority of the State of Illinois, March, 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
Vacant
Palatine, Illinois
Chicago, Illinois
The Environmental Register is a newsletter published by the Board monthly. 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.