1. No. 486 September, 1994

Printed on Recycled Paper
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Illinois Pollution Control Board News
No. 486
September, 1994
GOVERNOR SIGNS BROADENED EXEMPTION FROM NOISE POLLUTION REGULATIONS
FOR GUN CLUBS AND FIREARM RANGES
Governor Edgar signed Public Act 88-598 (formerly Senate Bill 1260) into law on August 31, 1994. It became
effective upon the Governor's signature.
The prior statutory language of Section 3.25 of the Environmental Protection Act included a definition of "organized
amateur or professional sporting activity". That definition expressly included "skeet, trap or shooting activities in
existence prior to January 1, 1975." Section 25 exempts such activities from noise regulation. The amendments to
Section 3.25 expressly add "rifle and pistol ranges, licensed shooting preserves, and public hunting areas operated by a
governmental entity" and change the former "grandfather" date to January 1, 1994.
The amendments also new Section 5 to the Premises Liability Act (740 ILCS 130/5). Subsection (a) defines a "firearm
range" as including "a rifle, pistol, silhouette, skeet, trap, black powder, or similar range . . . used for discharging
firearms in a sporting event, for practice or instruction in the use of a firearm, or for the testing of a firearm." Subsection
(b) of this new section exempts the owner or operator of a firearm range in existence prior to January 1, 1994 from
criminal liability "for any action for public or private nuisance or trespass", adding that "no court in the State shall enjoin
the use or operation of a firearm range on the basis of noise or sound emissions resulting from normal use of the firearm
range". Subsection (c) further limits the civil liability of those post-1993 ranges if they fulfill certain requirements. The
range must be at least 1,000 yards from any permanently-occupied dwelling on an adjacent property, it must be indoors in
a sound-proofed building, it must be located on land that complies with local zoning, or it must be operated by a
governmental entity or licensed by the Department of Conservation.
APPELLATE UPDATE
APPELLATE UPDATE
THIRD DISTRICT DETERMINES THAT THIRD PARTIES MAY
NOT APPEAL AN AGENCY DETERMINATION TO GRANT AN
NPDES PERMIT
By its decision in
Citizens Utilities Co. of Illinois v. PCB
(3d
Dist. Aug. 12, 1994, slip op., No. 3-93-0736), the Third District
Appellate Court determined that a third party cannot appeal an
Illinois EPA (Agency) determination to grant a permit. The court
thus affirmed the Board's dismissal of the third party permit
appeal, albeit on a different ground from that asserted by the
Board.
At one time, the appellee, Village of Bolingbrook, was in a
single Facility Planning Area (FPA), with the Village providing
wastewater services to a portion of the area and the appellant,
Citizens Utilities Company of Illinois providing those services to
the rest of the area. The appellant, Village of Plainfield, was
located in the nearby Plainfield FPA, in which that Village
provides wastewater services. A 1200 acre tract separated the
Bolingbrook and Plainfield FPAs. The Village of Bolingbrook
initiated proceedings before the Agency in 1992 to add the 1200
acre tract to the Bolingbrook FPA. Citizens Utilities and the
Village of Plainfield intervened in opposition and filed a separate
petition to add the tract to the Plainfield FPA. The Village of
Bolingbrook then filed a proposed facility plan with the Agency,
proposing that it construct and operate a new wastewater
treatment plant for the 1200 acre tract. The Agency conducted
hearings on the FPA and facility plan proposals, with Citizens
Utilities and the Village of Plainfield intervening in opposition.
The Agency issued a decision in 1993. It denied the Village of
Plainfield's request to add the 1200 acres to the Plainfield FPA.
The Agency added the tract to the Bolingbrook FPA and
approved the Village of Bolingbrook's proposed wastewater
facility.
In a separate proceeding before the Agency, the Village of
Bolingbrook requested an NPDES permit for its proposed new
IEC TO HOLD 20TH ANNIVERSARY CONFERENCE IN SPRINGFIELD
The Illinois Environmental Council (IEC) has announced its 20th annual conference for October 15, 1994.
An announcement and more information appear on Page 3 of this issue.

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wastewater facilities in 1992. Citizens Utilities and the Village of
Plainfield filed objections to the requested permit. The Agency
denied the Citizens Utilities' and Village of Plainfield's requests
for hearing and granted the Village of Bolingbrook the requested
permit in 1993. Citizens Utilities and the Village of Plainfield
appealed the Agency's grant of an NPDES permit to the Village
of Bolingbrook before the Board. They argued numerous bases
for the appeal. They filed this appeal pursuant to Board
procedural rule 105.102(b)(3), which expressly allows third party
appeals of Agency NPDES permit determinations. The Agency
and the Village of Bolingbrook moved for dismissal on the basis
that the Board lacked subject matter jurisdiction to hear the
appeal. On June 17, 1993, the Board dismissed the appeal,
concluding that the appeal was essentially a challenge of the
Agency's FPA and facility approval determinations and holding
that the lacked jurisdiction to hear appeals of these Agency
determinations. Citizens Utilities and the Village of Plainfield
appealed the Board's dismissal to the Third District Appellate
Court.
The Third District agreed that the Board properly dismissed
the appeal for a lack of subject matter jurisdiction, but the court
arrived at that conclusion on a different basis from the Board.
The Third District did not address the issue of appeals of Agency
FPA and facility approval determinations. Rather, the Court
noted that the Board's authority to hear permit appeals derives
exclusively from the Environmental Protection Act. Noting that
the Act allows appeals of Agency permit denials and the
imposition of conditions in a grant of a permit, it observed that
there is no similar authorization with regard to an Agency grant of
a permit. The court followed the Supreme Court's conclusion to
this effect in
Landfill, Inc. v. PCB
(1978), 74 Ill. 2d 541, 387
N.E.2d 258, which held that the act confers no authority for the
Board to hear a third party appeal of a grant of a land permit.
The Third District noted that the Act does not distinguish an
NPDES permit appeal from any other type of permit appeal in
conferring authority on the Board to hear these appeals. The
Third District concluded that the only authority for the Board to
hear an NPDES permit appeal was Board procedural rule
105.102, and that could not confer jurisdiction on the Board in
the absence of statutory authorization.
RULE
RULEMAKING UPDATE
MAKING UPDATE
AMENDMENTS TO GROUNDWATER QUALITY STANDARDS
ADOPTED, R93-27
On August 11, 1994, the Board adopted amendments to the
groundwater quality standards. The amendments revise the
Illinois groundwater quality standards of Part 620 to include
additional contaminants. These contaminants are chemical
species for which the U.S. EPA has adopted maximum
contaminant levels for the purposes of the Safe Drinking Water
Act regulations (found at 40 CFR 141 and 35 Ill. Adm. Code
611). The amendments would add limitations for three metals
and fourteen organic chemical contaminants to the lists of
contaminants in Class I and Class II groundwaters.
The Illinois EPA (Agency) filed a petition on October 18, 1993
seeking the amendments. The Board held public hearings on
February 8 and 23, 1994, in Springfield, and February 10, 1994,
in Chicago. The Board proposed the amendments for First
Notice publication in the
Illinois Register
on March 17, 1994 and
for Second Notice review by the Joint Committee on
Administrative Rules on June 11, 1994. (
See issues 481, Apr.,
1994 & 484, July, 1994.
) Direct questions to Michelle C.
Dresdow, at 815-753-0947. (Please refer to docket R93-27.)
AMENDMENTS TO MARATHON OIL COMPANY SITE-
SPECIFIC RULE ADOPTED, R91-23
On August 11, 1994, the Board adopted amendments to a
site-specific water pollution control regulation. Those
amendments change the existing site-specific limitations
applicable to Marathon Oil Company's discharges to an
unnamed tributary to Sugar Creek (in the Wabash River basin).
The effluent limitation for chlorides increase from 700 mg/l to
1000 mg/l, and the stream water quality standard for chlorides
increase from 550 mg/l to 750 mg/l. The effluent limitation and
the stream water quality standard for total dissolved solids
remain unchanged by the amendments to Section 303.323 of the
water pollution control regulations.
The Board proposed the amendments for First Notice
publication in the
Illinois Register
on October 7, 1993 and
proposed them for Second Notice review by the Joint Committee
on Administrative Rules on June 23, 1994. (
See issues 476,
Nov. 3, 1993 & 484, July, 1994.
) Direct questions to Michelle C.
Dresdow, at 815-753-0947. Please refer to docket R91-23.
BOARD PROPOSES UST RULES FOR SECOND NOTICE,
R94-2(A)
(Editor's note: As of the time this issue went to press, the
Board had scheduled this matter for final adoption at its
September 15, 1994 meeting. An article on the Second Notice
proposal appeared as a feature in issue 485, Aug., 1994.)
On August 11, 1994, the Board proposed regulations for
underground storage tank remedial actions for Second Notice
review by the Joint Committee on Administrative Rules (JCAR)
under docket number R94-2(A). The proposed rules would
implement the extensive amendments to the LUST program
adopted in P.A. 88-496.
(Issues 475, Oct. 6, 1993; 481, Apr.,
1994 & 482, June, 1994.)
They would establish requirements for
LUST remediation and reimbursement. The proposal includes
provisions applicable to remediation of LUST sites,
administration of the state's LUST reimbursement fund,
reimbursement from the fund for costs of investigation and

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remediation, and for the audit of corrective action efforts. The
Board is required by P.A. 88-496 to adopt final rules for the
administration of Illinois LUST program by September 15, 1994.
The Agency, pursuant to the mandate of P.A. 88-496,
developed its regulatory proposal in conjunction with the
Underground Storage Tank Advisory Committee and filed it with
the Board on March 15, 1994. The Board adopted a proposal for
First Notice publication in the
Illinois Register
on March 17, 1994.
The Board conducted five public hearings, concluding on June
8, 1994. At the hearings, the Illinois EPA (Agency) and other
participants, including the UST Advisory Committee, the Illinois
Environmental Regulatory Group (IERG), the Illinois Petroleum
Marketers Association, the Illinois Petroleum Council, and the
Illinois Department of Transportation, offered testimony on the
Agency proposal. The Board adopted an interim opinion and
order on August 1, to allow additional public comments before
adopting a proposal for JCAR review.
Simultaneously to adopting the proposal on August 11, in
response to the requests of several participants and a formal
motion by IERG to sever the docket, the Board created a
separate sub-docket B to consider generic clean-up objectives
and alternative methodologies for determining objectives. Direct
questions to Musette Vogel, at 217-524-8509. Please refer to
docket R94-2.
PART I 15% ROP PLAN FOR VOM EMISSIONS PROPOSED
FOR SECOND NOTICE, R94-12
On August 11, 1994, the Board proposed a new Clean Air Act
(CAA) rulemaking proposal for Second Notice review by the Joint
Committee on Administrative Rules (JCAR). The proposed
amendments, which are docketed as R94-12, would amend the
volatile organic material (VOM) emissions regulations to begin to
incorporate a plan for a 15 percent reduction in 1990 VOM
emissions levels in the Chicago and Metro-East St. Louis areas
(15% ROP plan). The state is federally required to reduce VOM
emissions by 159 tons per day (tpd) in the Chicago area and by
36 tpd in the Metro-East area. The proposal would constitute
Part I of a broader 15% ROP plan. The Illinois EPA (Agency)
had filed three proposals through August 31, 1994, and it
contemplated filing future proposals for additional parts of the
overall ROP plan, in order to achieve the federal reductions
requirements.
(Editor's note: The Agency filed the Part II
proposal on May 26, 1994, and the Board proposed it for First
Notice on June 6, 1994. The Agency filed the Part III proposal
on June 15, 1994, and the Board proposed it for First Notice on
June 23, 1994. As of the time this issue is going to press, the
Agency was expected to file a Part IV proposal, which the Board
would intend to propose for First Notice on September 15, 1994.
The Board was scheduled to adopt the Part I ROP rules on
September 15. See issues 483, June, 1994, 484, July, 1994 &
485, Aug., 1994.)
The Part I proposed amendments contemplate the use of
pressure-vacuum relief valves on vent tubes at gasoline
dispensing operations in both the Chicago and Metro-East areas
and a lowering of the Reid vapor pressure (RVP) on gasoline
from 9.0 psi to 7.2 psi in the Metro-East area. (Section 211(k) of
the CAA will already require this RVP reduction in the Chicago
area.) The Agency estimated that the use of pressure-vacuum
relief valves will reduce emissions by 4 tpd in the Chicago area
and by 0.4 tpd in the Metro-East area. The use of 7.2 RVP fuel
will reduce emissions 8.5 tpd in the Metro-East St. Louis area.
The Agency filed the Part I proposal on April 24, 1994. The
Board proposed the amendments for First Notice publication in
the
Illinois Register
without substantive review on May 5, 1994.
The Board held a public hearing on the proposal on June 17,
1994 and received the transcript of that hearing on an expedited
basis on June 24. The Board cancelled two later scheduled
hearings because the level of public interest did not warrant
conducting them. This means that under Section 28.5(l), the
record formally closed on July 8, 1994.
This rulemaking was accepted by the Board pursuant to the
"fast-track" rulemaking provisions of Section 28.5 of the
Environmental Protection Act (Act). 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. Under Section 28.5(o), the Board was required
to have adopted the proposal for Second Notice within 130 days
on receipt of the proposal from the Agency, by September 1,
1994. The Board will now submit the proposed rules for Second
Notice review by JCAR. Section 28.5(p) requires that the Board
must adopt and file final rules based on the proposal within 21
days of when it receives a Certificate of No Objection from
JCAR.
Direct questions to Michelle C. Dresdow, at 815-753-0947.
Please refer to docket R94-12.
CATEGORIES OF INSIGNIFICANT ACTIVITIES OR LEVELS
AT CAAPP SOURCES RULEMAKING PROPOSAL
PROPOSED FOR SECOND NOTICE, R94-14
On August 11, 1994, the Board proposed certain amendments
to the air permit regulations for Second Notice review by the
Joint Committee on Administrative Rules. The proposed
rulemaking, which is docketed as R94-14, would amend various
of the air permit regulations to set forth informational
requirements for sources subject to Section 39.5 of the
Environmental Protection Act (Act), in order to meet federal
Clean Air Act (CAA) requirements. The purpose is to define
insignificant activities and emissions.
The CAA mandates that the state develop and submit a
CAAPP to U.S. EPA by November 15, 1993 that meets Title V of
the CAA. The CAA requires a source to submit detailed activities

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and emissions information in its application for a permit program
(CAAPP) permit, but that certain insignificant activities and
emissions may be submitted as a list. Section 39.5(5)(w) of the
Act, which the Illinois General Assembly adopted to fulfill the
federal requirements, requires the Illinois Environmental
Protection Agency (Agency) to propose regulations that define
insignificant activities or emission levels by March 26, 1994.
Section 39.5(5)(w) then requires the Board to conduct
proceedings on the proposal and adopt final regulations in this
regard within nine months of receiving the proposal from the
Agency.
The Agency filed this CAA rulemaking proposal with the Board
on May 11, 1994. On May 19, 1994, the Board accepted the
proposal as a Section 28.5 "fast-track" rulemaking proceeding
and set it for hearings. The Board also proposed the
amendments for First Notice publication in the
Illinois Register
without substantive review on May 19.
(See issue 483, June,
1994.)
The Board conducted a public hearing on the proposal
on June 28, 1994 and received the transcript of that hearing on
an expedited basis on July 7. The Board cancelled two later
scheduled hearings because the level of public interest did not
warrant conducting them. This means that under Section 28.5(l),
the record formally closed on July 21, 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. Under Section 28.5(o), the
Board was required to have adopted the proposal for Second
Notice within 130 days on receipt of the proposal from the
Agency, by September 18, 1994. The Board will now submit the
proposed rules for Second Notice review by JCAR. Section
28.5(p) requires that the Board must adopt and file final rules
based on the proposal within 21 days of when it receives a
Certificate of No Objection from JCAR.
(Editor's note: As of the
time this issue went to press, the Board had scheduled this
matter for discussion
at its September 15 agenda, with the intent
of placing it on the October 6 agenda for final adoption.)
Direct questions to Diane F. O'Neill, at 312-814-6062. Please
refer to docket R94-14.
ADDITIONAL HEARING SET IN WATER TOXICS
PROCEEDING, R92-8
The Board has scheduled an additional hearing in the water
toxics and bioaccumulation proceeding, R92-8. This hearing
constitutes the continued consideration of this proceeding after
the proponents filed an amended petition on June 23, 1993, then
sought to have the Board defer hearings on that petition.
The Illinois Chapter of the Sierra Club, the Citizens for a Better
Environment, the Lake Michigan Federation, and the McHenry
County Defenders jointly initiated this proceeding when they filed
their rulemaking petition on July 21, 1992. On September 3,
1992, the Board accepted the proposal and conducted public
hearings on January 22, March 4 and 5, and April 14 and 15,
1993. Several members of the potentially-affected regulated
community sought to stay the proceedings during the pendency
of an unrelated appeal to the Illinois Supreme Court, until U.S.
EPA adopted guidance implementing the Great Lakes Water
Quality Initiative, and to allow the parties an opportunity to
negotiate.
(Editor's note: That appeal,
Granite City Div. of
National Steel Co. v. PCB
(1993), 155 Ill. 2d 149, 613 N.E.2d
719, involved an unsuccessful judicial challenge to the water
toxics amendments made in docket R88-21. See issue 469, Apr.
21, 1993.)
By an order dated March 11, 1993, the Board denied
that stay, and the hearings proceeded.
(See issue 467, Mar. 24,
1993.)
The hearing officer deferred hearing to allow negotiations
on December 10, 1993 and March 25, 1994.
The petitioners noted that their proposal would amend the
existing water quality regulations "to limit further and eventually
eliminate the discharge of toxic and bioaccumulative pollutants,
establish more enforceable water quality criteria and develop
effective plans for limiting pollution in watersheds seriously
affected by nonpoint pollution." Specifically proposed are
additional numeric general water quality standards for 36
chemicals, methods to determine whole effluent toxicity-based
criteria, and methods to determine and utilize bioaccumulation
factors. The petitioners proposed to limit the term of site-specific
rules and exemptions to five years as well as to require inclusion
and consideration of additional information in applications for
NPDES and pretreatment permits. The proposal also requests
the addition of a Watershed Planning Process, which would
require development of a comprehensive watershed plan for
water bodies that contain chemical contaminants in excess of
water quality standards or which fail to meet newly proposed
biological integrity standards.
The hearing date and location, which may be continued on the
record to the next day, as necessary, is as follows:
10:30 a.m., Wednesday, September 28, 1994
State of Illinois Center
100 West Randolph Street
Conference Room 9-040
Chicago, Illinois 60601
For additional information contact Kathleen M. Crowley, at
312-814-6929. (Please refer to docket R 92-8.)
RCRA SUBTITLE C UPDATE AMENDMENTS PROPOSED,
R94-5
The Board proposed identical-in-substance amendments to
the Illinois Resource Conservation and Recovery Act (RCRA)
Subtitle C hazardous waste regulations for public comment on
August 11, 1994. The proposed amendments are intended to

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include amendments to the federal RCRA Subtitle C regulations
adopted by U.S. EPA during the period January 1 through June
30, 1994. During this period, U.S. EPA undertook a handful of
major regulatory actions of interest. It determined not to regulate
certain wood surface protection wastes as hazardous wastes
and expanded the exemption from regulation for certain
hazardous wastes used in conducting treatability studies. U.S.
EPA also clarified aspects of the used oil regulations and
responded to a U.S. Supreme Court remand that determined
that certain municipal incinerator ash wastes must be managed
under RCRA Subtitle C. The Board also used this opportunity to
propose corrective amendments to the Illinois RCRA Subtitle C
rules. The primary corrections relate to correcting a federal error
in citation to its own Spill Control and Countermeasures
regulations in various locations.
The Board will accept public comments on the proposed
amendments for 45 days after Notices of Proposed Amendments
appear in the
Illinois Register
. This identical-in-substance
proceeding will not be subject to Second Notice review by the
Joint Committee on Administrative Rules before the Board may
adopt amendments based on the proposal. Direct questions to
Michael J. McCambridge, at 312-814-6924. Please refer to
docket R94-17.
UIC UPDATE AMENDMENTS PROPOSED, R94-5
The Board proposed identical-in-substance amendments to
the Illinois underground injection control (UIC) regulations for
public comment on August 11, 1994. The proposed
amendments are intended to include amendments to the federal
UIC regulations adopted by U.S. EPA during the period July 1
through December 31, 1993. During this period, U.S. EPA
amended its rules to clarify the current requirements for wells
authorized by rule, the financial responsibility obligations of
parties to a well transfer, the criteria for demonstrating
mechanical integrity through annulus pressure monitoring
records, and the authority of the UIC program director to require
information on any well. The Board also used this opportunity to
propose a series of corrective amendments to the Illinois UIC
rules. The first set of corrective amendments relates to
references to federal regulations, and the second set relates to
effective date references in the text and source notes.
The Board will accept public comments on the proposed
amendments for 45 days after Notices of Proposed Amendments
appear in the
Illinois Register
. This identical-in-substance
proceeding will not be subject to Second Notice review by the
Joint Committee on Administrative Rules before the Board may
adopt amendments based on the proposal. Direct questions to
Michael J. McCambridge, at 312-814-6924. Please refer to
docket R94-5.
FOR YOUR INFORMATION
IEC TO HOLD 20TH ANNIVERSARY
CONFERENCE IN SPRINGFIELD
The Illinois Environmental Council (IEC) has
announced that it will hold its 20th annual conference.

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The conference is scheduled to occur at 9:00 a.m.,
Saturday, October 15, 1994, at the State House (Capitol
Building) in Springfield, in the House Chambers. The
cost is $40 for IEC members and $45 for non-members.
Direct questions to Mary Ann Becker, at 217-544-5954.

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FINAL ACTIONS
FINAL ACTIONS - August 1, 1994 SPECIAL BOARD MEETING
- August 1, 1994 SPECIAL BOARD MEETING
93-87
People of the State of Illinois v. South
Holland Metal Finishing Company, Inc. -
The Board accepted a stipulation and
settlement agreement in this air enforcement
action, ordered the Cook County
respondent to pay a civil penalty of
$3,000.00, and ordered it to cease and
desist from further violation.
94-180
People of the State of Illinois v. Great
American Products, Inc. - The Board
accepted a stipulation and settlement
agreement in this air enforcement action,
ordered the Cook County respondent to pay
a civil penalty of $10,000.00, and ordered it
to cease and desist from further violation.
94-181
People of the State of Illinois v. Asbestos
Control and Environmental Services Corp.
- The Board accepted a stipulation and
settlement agreement in this air enforcement
action, ordered the DuPage County
respondent to pay a civil penalty of
$3,000.00, and ordered it to cease and
desist from further violation.
94-182
People of the State of Illinois v. Phil Mol-
leck - The Board accepted a stipulation and
settlement agreement in this air and land
enforcement action, ordered the Peoria
County respondent to pay a civil penalty of
$1,000.00, and ordered it to cease and
desist from further violation.
94-183
People of the State of Illinois v. BFI
Medical Waste Systems of Illinois, Inc. -
The Board
accepted a stipulation and settlement
agreement in this land enforcement action,
ordered the Peoria County respondent to
pay a civil penalty of $20,000.00, and
ordered it to cease and desist from further
violation.
94-185
People of the State of Illinois v. Division
Lead Limited Partnership - The Board
accepted a stipulation and settlement
agreement in this Emergency Planning and
Community Right-to-Know Act (EPCRA)
enforcement action, ordered the Cook
County respondent to pay a civil penalty of
$2,400.00, and ordered it to cease and
desist from further violation.
94-186
People of the State of Illinois v. Coleman
Cable Systems, Inc. - The Board accepted a
stipulation and settlement agreement in this
Emergency Planning and Community
Right-to-Know Act (EPCRA) enforcement
action, ordered the Lake County respondent
to pay a civil penalty of $2,900.00, and
ordered it to cease and desist from further
violation.
94-188
People of the State of Illinois v. Vienna
Sausage Manufacturing Company - The
Board accepted a stipulation and settlement
agreement in this Emergency Planning and
Community Right-to-Know Act (EPCRA)
enforcement action, ordered the Cook
County respondent to pay a civil penalty of
$10,250.00, and ordered it to cease and
desist from further violation.
NEW CASES
NEW CASES - August 1, 1994 SPECIAL BOARD MEET
- August 1, 1994 SPECIAL BOARD MEETING
ING
94-198
Caterpillar, Inc. (Mapleton Facility) v.
IEPA - The Board held this land variance
involving a facility in Peoria County for an
Agency recommendation.
94-199
Citizens Utilities Company of Illinois v.
IEPA - The Board accepted this NPDES
permit appeal involving a Will County
facility for hearing.
94-200
Illinois Landfill, Inc. v. IEPA - The Board
held this land variance involving a
Vermilion County facility for an Agency
recommendation.
94-201
People of the State of Illinois v. Becker

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Bros., Inc. and G. Raymond Becker, Jr. -
The Board accepted this air enforcement
action against a Peoria County facility for
hearing.
94-202
People of the State of Illinois v. Summit
Environmental Services, Inc. - The Board
accepted this RCRA enforcement action
against a Madison County facility.
94-203
Citizens Utilities Company of Illinois and
the Village of Plainfield v. IEPA and the
Village of Bolingbrook - The Board held
this third party NPDES permit appeal
involving a Will County facility.
FINAL ACTIONS
FINAL ACTIONS - August 11, 1994 BOARD MEETING
- August 11, 1994 BOARD MEETING
91-197
Cabot Corporation v. IEPA - The Board
granted voluntary withdrawal of this RCRA
permit appeal involving a Douglas County
facility.
92-143
Dietzgen Corporation v. IEPA - The Board
granted voluntary dismissal of this air
variance involving a Cook County facility.
92-199
Twomey Company v. IEPA - The Board
granted voluntary dismissal of this
underground storage tank reimbursement
appeal involving a Warren County facility.
92-211
Safety-Kleen Corporation (Urbana Facility)
v. IEPA - The Board granted voluntary
withdrawal of this RCRA permit appeal
involving a Champaign County facility.
93-46
St. Louis Auto Shredding v. IEPA - The
Board granted voluntary withdrawal of this
land permit appeal involving a St. Clair
County facility.
(Formerly consolidated
with PCB 93-45, which is still pending.)
93-255
Lindsay-Klein Chevrolet-Olds, Inc., d/b/a
Chuck Lindsay Chevrolet-Olds, Inc. v.
Office of the State Fire Marshal - The
Board affirmed the OSFM's determination
that the petitioner is ineligible to access the
UST Fund in this underground storage tank
reimbursement appeal involving a White-
side County facility.
94-41
People of the State of Illinois v. Bob Evans
Farms, Inc. - The Board accepted a
stipulation and settlement agreement in this
water enforcement action, ordered the
Henry County respondent to pay a civil
penalty of $25,000.00, and ordered it to
cease and desist from further violation.
94-61
Produce Wagon, Inc. v. IEPA - The Board
granted voluntary dismissal of this
underground storage tank reimbursement
appeal involving a Sangamon County
facility.
94-72
Laidlaw Waste Systems (Madison), Inc. v.
IEPA - The Board granted voluntary
dismissal of this land permit appeal
involving a Madison County facility.
94-93
White Cap, Inc. v. IEPA - The Board
granted this Cook County facility a variance
from certain of the volatile organic
materials emissions air pollution control
regulations subject to condition.
(This
variance essentially extends the term of a
variance granted April 22, 1993 in docket
PCB 92-155, which expired April 22, 1994,
until no later than April 22, 1996.)
94-122
Thrall Car Manufacturing Co. v. IEPA -
The Board granted voluntary dismissal of
this air permit appeal involving a Cook
County facility.
94-126
Grayslake Feed Sales, Inc., Outdoor Power
Equipment v. IEPA - The Board granted
voluntary withdrawal of this underground
storage tank reimbursement appeal
involving a Lake County facility.
94-132
Village of Diamond v. IEPA - The Board
granted this Grundy County facility a five-
year variance from public water supplies
permit standards for issuance and restricted

Environmental Register No. 486
Environmental Register No. 486
September, 1994/Page
September, 1994/Page 9
9
status regulations, as they apply to the
facility for exceedance of the drinking
water standards for combined radium and
gross alpha particle activity, subject to
conditions.
94-139
J. M. Sweeney Co. v. IEPA - The Board
granted voluntary dismissal of this
underground storage tank reimbursement
appeal involving a Cook County facility.
94-156
Stepan Company (Millsdale Facility) v.
IEPA - The Board granted voluntary
dismissal of this NPDES permit appeal
involving a Will County facility.
94-158
Macon County Landfill v. IEPA - The
Board granted this Macon County facility a
twelve-month variance from the regulatory
deadline for filing an application for
significant landfill permit modification.
Board Member M. McFawn concurred.
94-160
BTL Specialty Resins Corporation v. IEPA
- The Board found no proper jurisdictional
basis for this RCRA permit appeal
involving a Cook County facility and
granted involuntary dismissal.
94-161
Envirite Corporation, d/b/a County
Environmental of Livingston v. IEPA - The
Board granted this Livingston County
facility a twelve-month variance from the
regulatory deadline for filing applications
for significant landfill permit modification.
Board Member M. McFawn concurred.
94-168
Emro Marketing Company v. Office of the
State Fire Marshal - The Board granted
voluntary dismissal of this underground
storage tank reimbursement appeal
involving a Cook County facility.
94-187
People of the State of Illinois v. Hi Grade
Alloy Corporation - The Board accepted a
stipulation and settlement agreement in this
Emergency Planning and Community
Right-to-Know Act (EPCRA) enforcement
action, ordered the Cook County
respondent to pay a civil penalty of
$2,100.00, and ordered it to cease and
desist from further violation. Board
Member J. Theodore Meyer concurred.
94-190
People of the State of Illinois v. Best Foam
Fabricators - The Board accepted a
stipulation and settlement agreement in this
Emergency Planning and Community
Right-to-Know Act (EPCRA) enforcement
action, ordered the Cook County
respondent to pay a civil penalty of
$2,550.00, and ordered it to cease and
desist from further violation. Board
Member J. Theodore Meyer concurred.
94-205
Russell Bacon v. IEPA - The Board granted
voluntary withdrawal of this underground
storage tank reimbursement appeal
involving a McLean County facility.
94-217
The Finishing Company v. IEPA - 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.
94-218
City of Pekin v. IEPA - Upon receipt of an
Agency recommendation, the Board granted
this Tazewell County facility a 45-day
provisional variance from the biochemical
oxygen demand (CBOD), suspended solids
(TSS), and fecal coliform wastewater
effluent requirements.
94-219
Metropolitan Water Reclamation District of
Greater Chicago v. IEPA - Upon receipt of
an Agency recommendation, the Board
granted this Cook County facility a 45-day
provisional variance from the wastewater
effluent requirements.
AC 94-35
County of Jackson v. James Qualls - The
Board entered a default order, finding the
Jackson County respondent had violated
Sections 21(p)(1), 21(p)(2), 21(p)(3),
21(p)(4), and 21(p)(5) of the Act and
ordering him to pay a civil penalty of
$2,500.00.
AC 94-36
Sangamon County v. Edward Combs - The
Board order entered a default order, finding
that the Sangamon County respondent had
violated Sections 21(p)(1) and 21(p)(3) of

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10/ September, 1994
/ September, 1994
Environmental Register No. 486
Environmental Register No. 486
the Act and ordering him to pay a civil
penalty of $1,000.00.
AC 94-38
IEPA v. Ex-Tech Plastics, Inc. - The Board
granted voluntary dismissal of this
administrative citation against a McHenry
County respondent.
AC 94-40
IEPA v. Atkinson Landfill Company - The
Board entered a default order, finding that
the Henry County respondent had violated
Sections 21(0)(1), 21(o)(2), 21(o)(3),
21(o)(5), 21(o)(9) and 21(o)(12) of the Act
and ordering it to pay a civil penalty of
$3,000.00.
AC 94-41
IEPA v. Gordon McCann and Larson
Foundation - The Board accepted an agreed
order, finding that the Logan County
respondents had violated Section 21(p)(1) of
the Act and ordering them to pay a civil
penalty of $500.00.
AC 94-42
IEPA v. Wayne D. Alberts and Sharon J.
Alberts - The Board entered a default order,
finding that the Logan County respondents
had violated Sections 21(0)(1)
and 21(o)(3) of the Act and ordering them
to pay a civil penalty of $1,000.00.
AS 94-7
In the Matter: Petition of Rhône-Poulenc
Basin Chemical Company and Thorn Creek
Basin Sanitary District for an Adjusted
Standard from 35 Ill. Adm. Code 302.201
and 304.105 - The Board granted the Cook
County petitioners an adjusted standard,
with conditions, from the total dissolved
solids and sulfates water quality standards
that would otherwise apply to certain
segments of Thorn Creek.
R91-23
In the Matter of: Marathon Oil Company
Petition for Site-Specific Rule Change, 35
Ill. Adm. Code 303.323 -
See Rulemaking
Update.
R93-27
In the Matter of: Groundwater Protection:
Amendments to Groundwater Quality
Standards, 35 Ill. Adm. Code 620 -
See
Rulemaking Update.
NEW CASES
NEW CASES - August 11, 1994 BOARD MEET
- August 11, 1994 BOARD MEETING
ING
94-204
Mary Lou Powell v. Mr. M. Ceisel and
Laser Express Auto Bath - The Board held
this citizen's noise enforcement action
against a DuPage County facility for a
frivolous and duplicitous determination.
94-205
Russell Bacon v. IEPA -
See Final Actions.
94-206
Comerica Bank-Illinois v. Office of the
State Fire Marshal - The Board accepted
this underground storage tank appeal
involving a Cook County facility for
hearing.
94-207
Wilmer Brockman, Jr. and First Midwest
Bank/Illinois, as Trustee Under Trust No.
757 v. IEPA - The Board accepted this land
permit appeal involving a LaSalle County
facility for hearing.
94-208
A.E. Staley Manufacturing Company v.
IEPA - The Board accepted this air permit
appeal involving a Macon County facility
for hearing.
94-209
Safety-Kleen Corporation (Caseyville
Service Center) v. IEPA - The Board
accepted this RCRA permit appeal
involving a St. Clair County facility for
hearing.
94-210
Violet Miksa, as authorized representative
of Holiday Bakers v. Office of the State
Fire Marshal - The Board accepted this
underground storage tank appeal involving
a Cook County facility for hearing.
94-211
City of Spring Valley v. IEPA - The Board
held this public water supply variance
involving a Bureau County facility for an

Environmental Register No. 486
Environmental Register No. 486
September, 1994/Page
September, 1994/Page 11
11
Agency recommendation.
94-212
Waste Management of Illinois, Inc. v.
IEPA - The Board held this land variance
involving a Kane County facility for an
Agency recommendation.
94-213
Wayne G. Busse and Wickersham &
Associates, Inc. v. IEPA - The Board
accepted this underground storage tank
appeal involving a Cook County facility for
hearing.
94-214
Amoco Oil Company v. IEPA - The Board
accepted this underground storage tank
appeal involving a Will County facility for
hearing.
94-215
Stroh Oil Company v. Office of the State
Fire Marshal - The Board accepted this
underground storage tank appeal involving
a Menard County facility for hearing.
94-216
Amoco Oil Company v. IEPA - The Board
accepted this underground storage tank
appeal involving a Kane County facility for
hearing.
94-217
The Finishing Company v. IEPA -
See
Final Actions.
94-218
City of Pekin v. IEPA -
See Final Actions.
94-219
Metropolitan Water Reclamation District of
Greater Chicago v. IEPA -
See Final
Actions.
AS 94-11
In the Matter of: Petition of Winnebago
Reclamation Service, Inc. for an Adjusted
Standard From 35 Ill. Adm. Code Part
811, Sections 811.710(c) and 811.713(c)(1)
- The Board accepted this petition on behalf
of a Winnebago County facility for an
adjusted standard from certain of the
landfill financial responsibility requirements
for hearing.
AS 94-12
In the Matter of: Petition of Waste
Management of Illinois, Inc. for an
Adjusted Standard from 35 Ill. Adm. Code
Sections 807.665(b) and 811.714(b) - The
Board accepted this petition on behalf of
facilities in 14 counties for an adjusted
standard from certain of the landfill
financial responsibility requirements, and,
having received a request, the Board set this
matter for hearing.
AS 94-13
In the Matter of: Petition of Browning-
Ferris Industries of Illinois, Inc.;
Browning-Ferris Industries of Iowa, Inc.;
and Browning-Ferris Industries Modern
Landfill, Inc. for an Adjusted Standard
from 35 Ill. Adm. Code Section 811.714(b)
- The Board accepted this petition on behalf
of Lake, Ogle, Rock Island, St. Clair and
Dupage County facilities for an adjusted
standard from certain of the landfill
financial responsibility requirements, and,
having received a request, the Board set this
matter for hearing.

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12/ September, 1994
/ September, 1994
Environmental Register No. 486
Environmental Register No. 486
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.
September 1
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Ran-
dolph St., Conference Room 9-040, Chicago
September 2
10:00 a.m.
PCB 94-179
L-S-R
Solvent Systems International v. Village fo Hampshire - Hampshire Village Hall,
Samuel Rowell Meeting Room, 234 South State Street, Hampshire.
September 7
10:00 a.m.
PCB 93-196
A-V
TRW, Inc. v. EPA - Clark County Courthouse, County Board Room, Marshall.
September 8
10:15 a.m.
R94-19
R, Air
In the Matter of: Enhanced Vehicle Inspection and Maintenance (I/M)
Regulations, 35 Ill. Adm. Code 240 (fast-track) - James R. Thompson Center,
100 West Randolph Street, Room 8-031, Chicago.
September 8
10:00 a.m.
R94-20
R, Air
In the Matter of: Enhanced Vehicle Inspection and Maintenance (I/M)
Regulations, 35 Ill. Adm. Code 240 (identical-in-substance) - James R.
Thompson Center, 100 West Randolph Street, Room 8-031, Chicago.
September 14
10:00 a.m.
PCB 94-177
L-V, RCRA
Burlington Environmental, Inc. v. EPA - Columbia City Hall, City Council
Chambers, 208 Rapp Street, Columbia.
September 15
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Ran-
dolph St., Conference Room 9-040, Chicago
September 19
10:00 a.m.
PCB 94-192
UST-FRD
Christ Episcopal Church v. Office of the State Fire Marshall - Waukegan City
Hall, Upstairs Conference Room, 106 North Utica, Waukegan.
September 28
10:30 a.m.
R 92-8
R, Water
In the Matter of: Amendments to 35 Ill. Adm.Code Subtitle C (Water Toxics and
Bioaccumulation) - James R. Thompson Center, 100 West Randolph Street,
Room 9-040, Chicago.
September 30
10:00 a.m.
PCB 94-150
A&N-E, Citiz.
Angela M. White v. Terry & Billie Van Tine & Schneider Transport, Inc. - City
Council Chambers, 211 North Hamilton, Monticello.
October 4
1:00 p.m.
AC 94-8
AC
EPA v. Atkinson Landfill Company (Henry County Landfill #2) - E.M.A. office,
Henry County Jail, Cambridge.
October 6
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Ran-
dolph St., Conference Room 9-040, Chicago
October 7
10:00 a.m.
R94-19
R, Air
In the Matter of: Enhanced Vehicle Inspection and Maintenance (I/M)
Regulations, 35 Ill. Adm. Code 240 (fast-track) - James R. Thompson Center,
100 West Randolph Street, Room 9-040, Chicago.

Environmental Register No. 486
Environmental Register No. 486
September, 1994/Page
September, 1994/Page 13
13
October 12
9:00 a.m.
PCB 94-127
L-E
People of the State of Illinois v. James Lee Watts, individually and d/b/a Watts
Trucking Service, Inc., and ESG Watts, Inc. - Illinois Pollution Control Board,
Suite 402, 600 South Second Street, Springfield.
October 12
10:00 a.m.
PCB 94-207
P-A, Land
Wilmer Brockman, Jr. and First Midwest Bank/Illinois, as Trustee under Trust
No. 757 v. EPA - Sheriff's Training Room, 707 Aetna Road, Ottawa.
October 13
10:00 a.m.
PCB 94-74
A-E
People of the State of Illinois v. Glen Fearneyhough, d/b/a Beardstown Lumber
& Ready Mix - Beardstown City Hall, Courtroom, 101 West 3rd Street,
Beardstown.
October 13
10:00 a.m.
PCB 94-208
P-A, Air
A.E. Staley Manufacturing Co. v. EPA - Decatur Civic Center, Third Floor,
Small Conference Room, 1 Gary K. Anderson Plaza, Decatur.
October 14
9:30 a.m.
AS 94-11
Land
In the Matter of: Petition of Winnebago Reclamation Service, Inc. for an
Adjusted Standard from 35 Ill. Adm. Code 811.710(c) and 811.713(c)(1) -
County Boardroom, 400 West State Street, Rockford.
October 19
10:00 a.m.
PCB 94-98
L-S-R, 3d P
Beardstown Area Concerned Citizens for a Better Environment v. City of
Beardstown and Southwest Energy Corp. - Elk's Club, 205 East Second Street,
Beardstown.
October 20
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Ran-
dolph St., Conference Room 9-040, Chicago
October 20
10:30 a.m.
PCB 94-134
A&W-E
People of the State of Illinois v. Bakley Construction Corp. - McHenry County
Government Center, Room B358, 2200 North Seminary, Woodstock.
October 21
10:00 a.m.
R94-19
R, Air
In the Matter of: Enhanced Vehicle Inspection and Maintenance (I/M)
Regulations, 35 Ill. Adm. Code 240 (fast-track) - James R. Thompson Center,
100 West Randolph Street, Room 9-040, Chicago.
October 25
10:00 a.m.
AS 94-12
Land
In the Matter of: Petition of Waste Management of Illinois, Inc. for an Adjusted
Standard from 35 Ill. Adm. Code 807.665(b) and 811.714(b) - Christian County
Courthouse, Board Room, 2nd Floor, 101 North Main Street, Taylorville.
October 25
1:00 p.m.
PCB 94-146
N-E, Citiz.
Dorothy L. Hoffman v. City of Columbia - Columbia City Hall, City Council
Room, 208 South Rapp, Columbia.
October 28
10:00 a.m.
PCB 94-26
P-A, Air
Marathon Oil Company v. EPA - Robinson Library, 606 North Jefferson,
Robinson.
October 28
10:00 a.m.
PCB 94-27
A-V
Marathon Oil Company v. EPA - Robinson Library, 606 North Jefferson,
Robinson.
November 3
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Ran-
dolph St., Conference Room 9-040, Chicago
November 9
9:30 a.m.
PCB 94-205
P-A, RCRA
Safety-Kleen Corporation (Dolton Recycling Center) v. EPA - James R.
Thompson Center, 100 West Randolph Street, Room 11-500, Chicago.

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14/ September, 1994
/ September, 1994
Environmental Register No. 486
Environmental Register No. 486
November 15
10:00 a.m.
AS 91-13
Water
In the Matter of: Petition of the City of Rock Island for an Adjusted Standard
from 35 Ill. Adm. Code 304 - Rock Island City Hall, Council Chambers, 1528
Third Avenue, Rock Island.
November 16
9:30 a.m.
AS 91-13
Water
In the Matter of: Petition of the City of Rock Island for an Adjusted Standard
from 35 Ill. Adm. Code 304 - Rock Island City Hall, Council Chambers, 1528
Third Avenue, Rock Island.
November 17
9:00 a.m.
PCB 94-176
P-A, Land
ESG Watts, Inc. (Sangamon Valley Landfill) v. EPA - Springfield Municipal
Building, City Council Chambers, Third Floor, 7th and Monroe Streets,
Springfield.
November 18
9:00 a.m.
PCB 94-176
P-A, Land
ESG Watts, Inc. (Sangamon Valley Landfill) v. EPA - Springfield Municipal
Building, City Council Chambers, Third Floor, 7th and Monroe Streets,
Springfield.
December 1
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Ran-
dolph St., Conference Room 9-040, Chicago
December 12
10:00 a.m.
PCB 94-191
P-A, NPDES
Arco Products Company, a Division of Atlantic Richfield Company v. EPA -
James R. Thompson Center, Suite 11-500, 100 West Randolph Street, Chicago.
December 15
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Ran-
dolph St., Conference Room 9-040, Chicago
January 12
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Ran-
dolph St., Conference Room 9-040, Chicago
February 16
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Ran-
dolph St., Conference Room 9-040, Chicago
March 16
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Ran-
dolph St., Conference Room 9-040, Chicago
April 20
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Ran-
dolph St., Conference Room 9-040, Chicago
May 18
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Ran-
dolph St., Conference Room 9-040, Chicago
June 15
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Ran-
dolph St., Conference Room 9-040, Chicago
Calendar Code
3d P
Third Party Action
A-CAdministrative Citation
A-E
Air Enforcement
A&N-EAir and Noise Enforcement
A-S
Adjusted Standard
A-VAir Variance
A&W-E
Air and Water Enforcement
Citiz.Citizens' Action
CSO
Combined Sewer Overflow Exception
EPCRA-EEmergency Planning and Community Right to
Know Act Enforcement
GW
Groundwater
HW DelistRCRA Hazardous Waste Delisting

Environmental Register No. 486
Environmental Register No. 486
September, 1994/Page
September, 1994/Page 15
15
L-E
Land Enforcement
L-S-RLandfill Siting Review
L-V
Land Variance
N-ENoise Enforcement
N-V
Noise Variance
P-APermit Appeal
PWS-E
Public Water Supply Enforcement
PWS-VPublic Water Supply Variance
R
Regulatory Proceeding
RCRAResource Conservation and Recovery Act
proceeding (hazardous waste only)
RCRA-E
RCRA Enforcement
RCRA-VRCRA Variance
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 Reimburse-
ment Determination
W-E
Water Enforcement
W-VWater Variance
WWSE
Water-Well Setback Exception

Page
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16/ September, 1994
/ September, 1994
Environmental Register No. 486
Environmental Register No. 486
Printed by Authority of the State of Illinois, September, 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
Joseph Yi
Palatine, Illinois
Chicago, Illinois
Park Ridge, 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.

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