Printed on Recycled Paper

E

NVIRONMENTAL

R

R

EGISTER

No. 495

Illinois Pollution Control Board News

CHAIRMAN AND BOARD MEMBERS RECONFIRMED

On May 16, 1995, Governor Jim Edgar announced the reappointments of Claire A. Manning as Chairman and

Marili McFawn and Joseph Yi as Members to three-year terms commencing July 1, 1995. Senate confirmation of

the reappointments occurred on May 26, 1995. The Board and staff congratulate Chairman Manning and

Members McFawn and Yi on their reappointments.

Claire A. Manning became Chairman of the Board on May 1, 1993. Prior to chairing the Board, Ms. Manning

served three terms as an appointed Member of the State Labor Relations Board and before that had served as

Chief Labor Relations Counsel for the State of Illinois. Ms. Manning graduated from the Loyola University of

Chicago School of Law in 1979. Chairman Manning, a resident of Williamsville, established a Springfield office

for the Pollution Control Board near the capitol complex.

Marili McFawn was initially appointed to the Board on November 12, 1993. She is an attorney and was a

partner in the law firm of Schiff, Hardin & Waite. Prior to that, Ms. McFawn worked as an attorney-assistant for

the Board and as an enforcement staff attorney for the Illinois EPA. Ms. McFawn received her Juris Doctor in

1979 from the Loyola University School of Law in Chicago. Member McFawn is a resident of Inverness whose

office is located in the James R. Thompson Center, in Chicago.

Governor Edgar initially appointed Joseph Yi to the Board on September 12, 1994. Mr. Yi is a retired

Professional Engineer who graduated from the Illinois Institute of Technology. Mr. Yi formerly worked for the

Illinois Department of Transportation, the City of Evanston, Illinois, Metcalf & Eddy, Inc., and was a partner in

the engineering firm of Nakawatase, Rutkowski, Wyns & Yi, Inc. Member Yi is a resident of Park Ridge whose

office is also located in the James R. Thompson Center.

POLLUTION CONTROL BOARD 25th ANNIVERSARY DINNER

POLLUTION CONTROL BOARD 25th ANNIVERSARY DINNER

The Board is planning a dinner to celebrate the 25th year since passage of the Illinois Environmental

Protection Act and creation of the Board. The event is scheduled for September 6, 1995 at the Hyatt

Regency Hotel in Chicago. It commemorates the Board's twenty-five years of service and leadership in

environmental regulation and adjudication and celebrates advances in environmental protection. The dinner

is sponsored by the Board, in conjunction with the Chicago Bar Association and the Illinois State Bar

Association, Environmental Law Section. The cost is $40 per person or $500 per table. All costs will be

assumed by that charge. Any proceeds will go to the Irv Goodman Fund, an environmental educational fund

run by the Chicago Bar Association in commemoration of deceased Board member Irv Goodman. The event

will be co-chaired by current Board Chairman Claire Manning and the original Board Chairman, Professor

David Currie. Please direct inquiries to Sandra Wiley, at 312-814-3623.

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RULE

RULEMAKING UPDATE

PART VII 15% ROP REGULATIONS ADOPTED,

R94-33

On May 4, 1995, the Board adopted Part VII of the

15 percent rate of progress (ROP) plan for volatile

organic material emissions. This part, docketed as

R94-33, was a segment of regulatory amendments

necessitated by the federal Clean Air Act Amendments

of 1990 (CAAA). Adoption of the Part VII ROP

rules completed the last of the 15% ROP proceedings

filed with the Board.

The CAAA requires a reduction in ozone precursor

emissions in areas designated as moderate or severe

nonattainment for ozone. In sum, the seven ROP plan

segments sought a 15 percent 1990 VOM emissions

levels in the Chicago and Metro-East St. Louis areas.

The Agency stated that the state is federally required

to reduce VOM emissions by 250 tons per day (tpd) in

the Chicago area and by 27 tpd in the Metro-East

area.

The Board accepted the seven 15% ROP plan

rulemaking proposals pursuant to the "fast-track"

rulemaking provisions of Section 28.5 of the

Environmental Protection Act (Act), which required

the Board to proceed within set time-frames toward

the adoption of the proposed amendments. The Board

lacked any discretion under the statute to adjust these

time-frames under any circumstances. Under Section

28.5(o), the Board must have adopted the proposal for

Second Notice within 130 days on receipt of the

proposal from the Agency. Section 28.5(p) required

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 the Joint Committee

on Administrative Rules (JCAR).

The Agency filed the Part VII ROP proposal on

November 14, 1994. On November 18, 1994, the

Board proposed the Part VII ROP amendments for

First Notice publication in the

Illinois Register

and

conducted one public hearing in R94-33 on January 4,

1995. The hearing officer cancelled subsequent

scheduled hearings for the statutorily-prescribed

reasons due to the low level of public interest in

further hearings on the proposal. Notices of Proposed

Amendments appeared in the December 16, 1994

Illinois Register

. The First Notice public comment

period ended after 45 days, on January 30, 1995. On

March 16, 1995, the Board proposed the Part VII

amendments for Second Notice review by JCAR.

JCAR considered the amendments and voted no

objection on April 18, 1995. The Board filed the

amendments with the Secretary of State and they

became effective on May 22, 1995. The amendments

appeared in the June 2, 1995

Illinois Register

. Direct

questions on the Part VII amendments to Audrey

Lozuk, at 312-814-6923. Please refer to docket R94-

33.

The Board has now completed all seven segments of

the Illinois 15% ROP plan. The seven parts of the

Illinois ROP plan and their respective dates of

adoption and effective dates are described as follows:

Part I 15% ROP Amendments, R94-12

The Board adopted the Part I ROP amendments on

September 15, 1994, under docket number R94-12.

The Part I amendments required 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. The vacuum-pressure relief aspects

of these amendments were anticipated to reduce emis-

sions by 4 tpd in the Chicago area and by 0.4 tpd in

the Metro-East area. The use of 7.2 RVP fuel was

expected to reduce emissions 8.5 tpd in the Metro-

East St. Louis area. The Part I 15% ROP

amendments were filed with the Secretary of State and

became effective on September 21, 1994.

Part II 15% ROP Amendments, R94-15

The Board adopted the Part II amendments on

October 20, 1994, under docket number R94-15. The

Part II amendments extended VOM emissions control

measures to the loading of marine vessels and deletion

of the exemption for barge loading from the regu-

lations applicable to "Miscellaneous Fabricated

Product Manufacturing Processes", "Miscellaneous

Formulated Manufacturing Processes",

"Miscellaneous Organic Chemical Manufacturing

Processes", and "Other Emissions Units" source

categories. The Part II amendments was expected to

reduce the VOM emissions by 1.3 tpd in the Chicago

area and by 11.82 tpd in the Metro-East area. The

Part II 15% ROP amendments were filed with the

Secretary of State and became effective on October

25, 1994.

Part III 15% ROP Amendments, R94-16

The Board adopted the Part III ROP amendments

on October 20, 1994, under docket number R94-16.

The Part III amendments made the standards of Parts

218 and 219, Subpart B, "Organic Emissions from

Storage and Loading Operations", and Subpart V,

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"Total Resource Effectiveness" (TRE), more

stringent. The Part III plan rules added the federal

Control Technology Guidelines (CTG) and Alternative

Control Technology (ACT) recommended controls for

volatile organic liquids (VOLs) and volatile petroleum

liquids (VPLs). It was anticipated that the TRE

amendments would reduce VOM emissions by 4.05

tpd in the metropolitan Chicago area by 1996 and by

an additional 1.58 tpd by 1999. The VOL/VPL

amendments were expected to reduce the VOM

emissions by 2.18 tpd in the Chicago area. No

reductions were anticipated in the Metro-East area.

The Part III 15% ROP amendments were filed with

the Secretary of State and became effective on

November 15, 1994.

Part IV 15% ROP Amendments, R94-21

The Board adopted the Part IV ROP amendments

on April 20, 1995, under docket number R94-21.

The Part IV amendments lowered the VOM content of

coatings for several categories of surface coaters: the

can, paper, coil, fabric, vinyl, metal furniture, baked

large appliance, and miscellaneous parts and products

coating categories. The Part IV amendments also

imposed reductions in VOM emissions from sources

in the automotive/transportation and business machine

plastic parts coating categories that exceed specified

emissions levels. The amendments further made the

VOM emissions limits applicable to wood furniture

coating operations at a lowered threshold. The Part

IV amendments also required specified controls on

synthetic organic chemical manufacturing industry

(SOCMI) distillation and reactor processes and on

bakery industry ovens. Finally, the amendments made

a number of minor amendments and corrections to the

regulations, largely in response to comments

submitted by U.S. EPA and affected entities. The

Part IV 15% ROP amendments were filed with the

Secretary of State and became effective on May 9,

1995.

(Editor's note: P.A. 89-79, effective June 30,

1995, added Section 10(G) to the Act, which expressly

supersedes those segments of Part IV ROP that deal

with bakery ovens.)

Part V 15% ROP Amendments, R94-31

On April 20, 1995, the Board adopted the Part V

15% ROP amendments, under docket number R94-

31. The Part V amendments lowered the VOM

emissions from lithographic printing operations in the

Chicago and Metro-East areas. The Part V

amendments added definitions of non-heatset and

sheet-fed lithographic printing, as-applied foundation

solution, and alcohol. The amendments further

established control measures for VOM emissions from

lithographic printers in the Chicago and Metro-East

areas. The Part V amendments also made minor

corrective amendments to the existing regulations.

The Part V amendments were expected to affect about

113 facilities in the Chicago area and one source in the

Metro-East area. It was estimated that the Part V

amendments would reduce VOM emissions by 4.0 tpd

in the Chicago area and by minimal amounts in the

Metro-East area. The Part V 15% ROP amendments

were filed with the Secretary of State and became

effective on May 9, 1995.

Part VI 15% ROP Amendments, R94-32

On April 20, 1995, the Board adopted the Part V

15% ROP amendments, under docket number R94-

32. The Part VI amendments lowered VOM

emissions from motor vehicle refinishing operations in

the Chicago and Metro-East areas. The Part VI

amendments imposed limitations on the VOM content

of coatings and surface preparation materials, required

the use of specific coatings applicators and applicator

cleaning equipment, and provided a control equipment

alternative. The Part VI amendments further imposed

recordkeeping and reporting requirements on refinish-

ers. The Agency stated that the Part VI amendments

would reduce VOM emissions by 16.3 tpd in the

Chicago area. The Agency estimate of reduction of

VOM emissions in the Metro-East area was 1.2 tpd.

Part VII 15% ROP Amendments, R94-33

The Board adopted the Part VII 15% ROP amend-

ments on May 4, 1995, under docket number R94-33.

The Part VII amendments lowered VOM emissions

from batch chemical processes having certain standard

industrial classifications (SIC) codes in the Chicago

and Metro-East areas. The SIC codes involved were

2821, 2833, 2834, 2861, 2865, 2869, and 2879. This

included a broad range of chemical manufacturing

activities: plastic materials and resins (SIC 2821),

medicinal chemicals and botanical production (SIC

2833), pharmaceutical operations (SIC 2834), gum

and wood chemicals (SIC 2861), cyclic crudes and

intermediates (SIC 2865), industrial organic chemicals

(SIC 2869), and agricultural chemicals (SIC 2879).

The Part VII amendments also regulated emissions

from Stepan Chemical Company's Millsdale facility,

in Elwood. The amendments further added definitions

for "batch process train", "batch operation", "process

vent", and "single unit operation". Anticipated VOM

emissions reductions through the Part VII amendments

were 12.63 tpd in the Chicago area and 0.36 tpd in the

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495

Metro-East area.

Request copies of any of the Board's actions on

these amendments from Victoria Agyeman, at 312-

814-3620. Please refer to the appropriate docket

number.

CONSOLIDATED RCRA AND UIC UPDATE

ADOPTED, R95-4/R95-6

On June 15, 1995, the Board adopted identical-in-

substance amendments to the Illinois RCRA Subtitle C

hazardous waste and underground injection control

(UIC) regulations. On June 15, 1995, the Board

adopted a supplemental opinion and order to correct

the amendments based on comments from the U.S.

Environmental Protection Agency prior to filing them.

The consolidated RCRA Subtitle C and UIC

dockets correspond with U.S. EPA revisions to the

two federal programs made during the period July 1

through December 31, 1994. The Board also included

corrective amendments made by U.S. EPA on January

3, 1995. The Board consolidated the amendments for

the two programs into a single action for the sake of

promptly acting on all the amendments and because

many of the amendments to the UIC program were

closely related to some of the RCRA Subtitle C

amendments. The Board had received a request from

the regulated community that it expedite adoption of

some of the RCRA Subtitle C amendments relating to

land disposal of hazardous waste. The UIC

amendments are proceeding under docket number

R95-4; the RCRA Subtitle C amendments bear the

docket number R95-6.

During the update period, U.S. EPA undertook

several actions. On July 28, 1994, U.S. EPA

excluded certain in-process recycled secondary

materials used by the petroleum refining industry from

the definition of solid waste. On August 24, 1994, it

withdrew an exemption from Subtitle C regulation for

certain slag residues from high temperature metal

recovery (HTMR) processes that are used in a manner

constituting disposal. On September 19, U.S. EPA

restored text inadvertently omitted from amendments it

undertook on August 31, 1993 (updating chemical test

methods). Other amendments made by U.S. EPA on

September 19, 1994 included the Phase II land

disposal restrictions (LDRs), also called the "universal

treatment standards". The Phase II LDRs affected the

UIC program. U.S. EPA promulgated organic

material emissions standards for hazardous waste

tanks, surface impoundments, and containers on

December 6, 1994. Finally, on January 3, 1995,

U.S. EPA made corrective amendments to the

September 19, 1994 Phase II LDRs.

The Board adopted all the necessary amendments to

update the Illinois RCRA Subtitle C and UIC

programs to include the federal amendments

described. The Board further included a number of

corrective and conforming amendments to both

programs. Included in the amendments were the

repeal of Part 700, which formerly set forth the

general provisions for all of the land pollution control

regulations, and the update of the tables of hazardous

waste delistings to include a recent delisting granted

Envirite Corporation on December 14, 1994, under

docket number AS 94-10.

The adopted rules were filed with the Secretary of

State and became effective on June 27, 1995, and the

Notice of Adopted amendments appeared in the July

14, 1995 issue of the

Illinois Register

. The adopted

amendments were based on a proposal for public com-

ment adopted by the Board on March 2, 1995 and

published in the

Illinois Register

on March 24, 1995.

Direct questions to Michael J. McCambridge, at

312-814-6924. Request copies of the proposed

amendments from Victoria Agyeman, at 312-814-

6920. Please refer to consolidated docket

R95-4/R95-6.

CONSOLIDATED SDWA UPDATE

AMENDMENTS ADOPTED, R94-23/R95-3

On June 15, 1995, in consolidated docket R94-

23/R95-3, the Board adopted amendments to the

Illinois Safe Drinking Water Act (SDWA) program

regulations to correspond with federal amendments

that occurred in the periods January 1 through June

30, 1994 and July 1 through December 31, 1994.

Docket number R94-23 applies to the period up to

June 30, 1994, and docket number R95-3 applies to

the period beginning July 1. The Board consolidated

the two sets of amendments because some of the R95-

3 amendments directly affected the disposition of

many of the earlier R94-23 amendments.

U.S. EPA amended the federal regulations on June

30, 1994, to correct certain segments of the lead and

copper rules. Among the federal corrections and

clarifications were amendments related to the

monitoring and chemical analytical requirements. On

July 1, 1994, U.S. EPA similarly corrected errors int

he unregulated contaminant monitoring requirements

and the Phase II, Phase IIB, and Phase V regulations.

On December 5, 1994, U.S. EPA consolidated nearly

all of the inorganic chemical analytical requirements

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into a single table, updating all of the methods to later

versions of the available references. Some of the later

actions relating to chemical analytical methods

affected the earlier amendments. Finally, the Board

proposed amendment of the regulations to note a

recent federal case,

American Water Works

Association v. EPA

, 40 F.3d 1266 (D.C. Cir. 1994),

which invalidated the federal regulation underlying a

segment of the Illinois regulations.

The adopted rules were filed with the Secretary of

State and became effective on June 20, 1995, and the

Notice of Adopted amendments appeared in the June

30, 1995 issue of the

Illinois Register

. The adopted

amendments were based on a proposal for public

comment adopted by the Board on March 16, 1995

and published in the

Illinois Register

on March 31,

1995.

Direct questions to Michael J. McCambridge, at

312-814-6924. Request copies of the proposed

amendments from Victoria Agyeman, at 312-814-

6920. Please refer to consolidated docket

R94-23/R95-3.

DEADLINE EXTENDED AND ONE PRETREAT-

MENT UPDATE PROPOSED, ANOTHER DIS-

MISSED, R94-10

On May 18, 1995, the Board adopted update

amendments to the wastewater pretreatment

regulations. The amendments, adopted under docket

R94-10, are based on revisions to the federal

regulations that occurred in the period July 1 through

December 31, 1993. During this time, U.S. EPA

undertook four actions, on July 9, August 25, and

September 15, and 28, 1993. The Board issued a

separate order on February 16 explaining the delay

and extending the deadline to complete R94-10 to June

15, 1995.

The July 9, 1993 federal amendments reimposed

limitations on 11 of 13 chemicals previously

withdrawn as a result of litigation in

Chemical

Manufacturers Assoc. v. EPA

, 870 F.2d 177 (5th Cir.

1989). The September 28, 1993 federal amendments

added discharge limitations for organic and organo-

metallic pesticides in the Pesticide Chemicals

Category. The Board based amendments on both sets

of federal amendments. The Board determined,

however, that no amendments were necessary based

on the other two sets of amendments, jointly

promulgated by U.S. EPA and the U.S. Army Corps

of Engineers on August 25 and September 9, 1993,

relating to the discharge of dredged materials. Those

amendments did not affect the wastewater

pretreatment regulations.

On February 16, 1995, the Board proposed the

amendments for public comment. Direct questions to

Diane F. O'Neill, at 312-814-6062. Request copies of

the Board's opinion and order from Victoria

Agyeman, at 312-814-3620. Please refer to docket

number R94-10.

EXEMPTION FROM LANDFILL

REQUIREMENTS PROPOSED FOR DISPOSAL

OF DEAD ANIMALS, R95-9

On May 18, 1995, the Board proposed amendments

to the Illinois landfill regulations relating to the

disposal of dead animals in Illinois. The amendments

would clarify the relationship between the Illinois

landfill regulations and the Illinois Dead Animal Act

(225 ILCS 610/1). To this end, the amendments

would add a definition of "dead animal disposal site"

and exclude such a site from regulation as a municipal

solid waste landfill (MSWLF) by excluding it from the

definition of a MSWLF. MSWLFs are subject to

regulation under the federal RCRA Subtitle D rules

and the Illinois landfill rules.

The Illinois Farm Bureau, Illinois Beef Association,

Illinois Lamb and Wool Producers, Inc., Illinois Milk

Producers Association, and Illinois Pork Producers

Association filed a petition on February 2, 1995. The

Board accepted the petition on February 16, and con-

ducted public hearings on April 3, in DeKalb, and

April 10, in Springfield. Direct questions to Audrey

Lozuk-Lawless, at 312-814-6923. Request copies of

the Board's opinion and order from Victoria

Agyeman, at 312-814-3620. Please refer to docket

R95-9.

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DELAYED EFFECTIVE DATE FOR LANDFILL

FINANCIAL ASSURANCE PROPOSED, R95-13

The Board proposed a delayed effective date for the

financial assurance requirements applicable to

municipal solid waste landfills (MSWLFs) on May 4,

1995. This identical-in-substance action, under docket

R95-13, was prompted by the April 7, 1995 action by

U.S. EPA to delay the effective date for financial

assurance for RCRA Subtitle D facilities by two years,

from April 9, 1995 to April 9, 1997. U.S. EPA

stated that it needed the additional time to perfect

financial assurance mechanisms for local government

and corporate self-assurance for MSWLFs. A Notice

of Proposed Amendments appeared in the

Illinois

Register

on May 19, 1995, beginning the 45-day

public comment period. Direct questions to Michael

J. McCambridge, at 312-814-6924. Request copies of

the Board's opinion and order from Victoria

Agyeman, at 312-814-3620. Please refer to docket

R95-13.

(Editor's note: Section 21.1 of the Act has long

required that owners or operators of landfills maintain

financial assurance for closure and post-closure care

of their facilities, except that Section 21.1 exempted

state and local government-owned facilities from this

requirement. With the advent of the federal RCRA

Subtitle D requirements in 40 CFR 258, which exempt

only federally- and state-owned landfills, the General

Assembly amended Section 21.1 to require financial

assurance for the local government-owned facilities

after April 9, 1995. By SB 629, currently on the

Governor's desk, the General Assembly has amended

Section 21.1 to require financial assurance of local

government MSWLFs on the effective date of the

federal requirements. The Board will delay adoption

of the amendments until Governor Edgar acts on the

legislation.)

BOARD REOPENS WATER AMENDMENTS

RECORD FOR COMMENT ON A PROPOSED

AGENCY CORRECTION, R94-1

On June 15, 1995, the Board reopened the record in

the water quality amendments proceeding, R94-1, to

obtain public comment on an Illinois EPA (Agency)-

suggested correction to the text. The Agency filed a

motion on June 1, 1995 requesting that the Board

correct a typographical error in the text of the

proposed amendments. The correction would change

"and" to "or" in Section 302.213(a), which sets forth

the criteria by which the Agency would determine that

a body of water is an "effluent modified water." The

revision would allow the Agency to make this

determination if

any

of three conditions are true of the

body, rather than if the water meets

all

three

conditions. The Board ordered the submission of

comments on the correction prior to July 7, 1995 and

gave the Agency until July 14 to respond to the

comments.

The Agency submitted the petition to amend the

water quality regulations on February 24, 1994. The

Illinois EPA (Agency) proposal proceeded from a

mandatory, triennial review of the Illinois stream

water quality regulations required under the federal

Clean Water Act (33 U.S.C. §§ 1251

et seq.

). It

would amend Parts 302 and 304 of the Water

Pollution Control regulations to revise the standards

for ammonia nitrogen, mercury, and lead general

water quality standards; secondary contact and

indigenous aquatic life standards; and other

regulations. The Board accepted the petition as

federally required, under Section 28.2 of the Act, on

May 5, 1994 and proposed the R94-1 water quality

amendments for First Notice publication in the

Illinois

Register

on September 15. The proposed amendments

would amend certain of the water quality regulations

by updating various standards for ammonia nitrogen,

lead, and mercury. The Board conducted three public

hearings on the proposed amendments in November

and January in Springfield and Chicago.

With the record complete and the 45-day public

comment period expired, the Board will be free to

proceed to propose the amendments for Second Notice

review by the joint Committee on Administrative after

it resolves the recently-proposed correction to the text.

Direct questions to Diane F. O'Neill, at 312-814-

6062. Please refer to docket R94-1.

SITE-SPECIFIC CYANIDE PETITION

ACCEPTED, R95-14

On May 4, 1995, the Board accepted a petition for

a site-specific cyanide water quality rule for certain

discharges of the Metropolitan Water Reclamation

District of Greater Chicago (MWRDGC) for hearing.

The proposal would have the Board amend the water

pollution control regulations to change the general use

chronic water quality standard for weak-acid soluble

cyanide (WAD) from 5.2μg/l to 10.0μg/l in certain

waters in Cook County. The Board concluded that the

petition met the informational requirements of the

procedural rules and waived the 200-person signature

requirement.

In filing the petition, MWRDGC noted that the 5.2

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μg/l WAD cyanide standard of Section 302.208(d),

adopted January 21, 1990 in R88-21, was predicated

on chronic toxicity to rainbow trout, which are not

indigenous to the affected waters: the West Branch of

the DuPage River, Higgins Creek, Salt Creek, and the

Des Plaines River (Cook County segment only). It

further contends that WAD cyanide does not

accurately indicate the level of toxic cyanide in the

water. The MWRDGC seeks an alternative, site-

specific WAD cyanide standard of 10.0 μg/l for the

affected streams. The MWRDGC has three

wastewater treatment plants that discharge to these

waters. Its hanover park plant discharges 8.9 million

gallons per day (MGD) to the DuPage River, its John

E. Egan plant discharges 24.5 MGD to Salt Creek,

and its James c. Kirie plant discharges 31.8 MGD to

Higgins Creek.

The Board has scheduled a public hearing on the

R95-14 proposal:

Friday, June 30, 1995

Metropolitan Water Reclamation District of Greater

Chicago

Board Room

100 East Erie Street

Chicago

Direct questions to Musette H. Vogel, at 217-524-

8509. Please refer to docket R95-14.

SITE-SPECIFIC CARBON MONOXIDE

PETITION ACCEPTED, R95-15

On June 15, 1995, the Board accepted a petition for

a site-specific carbon monoxide rule for certain

emissions of the Marathon Oil Company for hearing.

The proposal would have the Board amend the air

pollution control regulations to change the carbon

monoxide emissions limitation applicable to its

fluidized catalytic cracking unit in Crawford County

from 200 parts per million (ppm) to 350 ppm. The

Board concluded that the petition met the

informational requirements of the procedural rules and

waived the 200-person signature requirement.

Direct questions to Charles M. Feinen, at 312-814-

3473. Please refer to docket R95-15.

IDENTICAL-IN-SUBSTANCE DOCKETS

RESERVED, R95-16 THROUGH R95-22

On June 15, 1995, the Board reserved a docket for

each of the identical-in-substance programs, to

accommodate federal amendments that occurred in the

period January 1 through June 30, 1995. The dockets

reserved and the subject matter of each are as follows:

R95-16

Amendments to the Definition of VOM

R95-17

SDWA (drinking water) Amendments

R95-18

UIC (underground injection control)

Amendments

R95-19

RCRA Subtitle D (municipal solid waste

landfill) Amendments

R95-20

RCRA Subtitle C (hazardous waste)

Amendments

R95-21

UST (underground storage tank)

Amendments

R95-22

Wastewater Pretreatment Amendments

The Board bears responsibility under a handful of

mandates in the Environmental Protection Act to adopt

regulations that are identical in substance with certain

federal regulations. The Act allows the Board to

consolidate federal amendments into a single docket

including amendments from any single six-month

period. Twice each year, around January and July,

the Board routinely reserves dockets under each of the

mandates for any federal amendments that may have

occurred during the period.

Once the Board has verified whether action is

necessary in each of the dockets, it either proposes

amendments for public comment or dismisses the

proceeding, as appropriate. However, the Board has

commenced action early in some instances upon

receipt of a written request to expedite its rulemaking.

For example, the Board has already proposed

amendments to the Illinois definition of volatile

organic material (VOM), in docket R95-16 on July 7,

1995, as a result of a federal action of June 16, 1995.

Similarly, the Board proposed changing the deadline

for landfill financial assurance in docket R95-13 on

May 4, 1995 as a result of a corresponding federal

revision on April 7, 1995. In R95-13, the Board acted

promptly without waiting for the opening of the R95-

19 routine, RCRA Subtitle D update.

(See

accompanying item.)

Direct inquiries to Michael J.

McCambridge at 312-814-6924.

APPELLATE UPDATE

APPELLATE UPDATE

SECOND DISTRICT AFFIRMS THAT SKEET

SHOOTING IS EXEMPT FROM BOARD NOISE

REGULATIONS, SECTION 24 DOES NOT

CREATE AN INDEPENDENT CAUSE OF

ACTION

In the recent decision of

Shepard v. PCB

(2d Dist.

May 4, 1995), No. 2-94-0864, the Second District

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Appellate court affirmed the Board's decision in

Shepard v. Northbrook Sports Club

(May 5, 1994),

PCB 94-2. The court agreed with the Board that the

skeet and trap shooting involved in the complaint was

exempt from Board noise regulation. It further agreed

that Section 25 of the Act did not create an

independent cause of action. The Second District

upheld the Board's decision against constitutional

attack and held that the Board had properly dismissed

the complaint.

The Northbrook Sports Club moved to an area

within the Village of Hainesville in 1987 and

established skeet and trap shooting at that location.

The complainants, local residents, filed a complaint

against the Sports Club and the Village of Hainesville,

alleging that the shooting interfered with their

enjoyment of their homes and recreational activities

and depressed the values of their properties. They

sought a cease and desist order from the Board to stop

the shooting activity. The Sports Club sought

dismissal on the basis that it was exempt from Board

noise regulation under Section 3.25, as an "organized

amateur or professional sporting activity". The

Village sought dismissal on the basis that it had no

ownership interest in the Sports Club property. The

Board granted dismissal as to both respondents, and

the complainants appealed.

The Second District first considered whether

Section 24 creates a distinct cause of action. It

compared the similar language of Section 24 with that

of Section 9(a), which pertains to air pollution. It

noted that Section 9(a) uses the disjunctive--i.e., it

creates a cause of action for air pollution or for

violation of Board air regulations--whereas Section 24

creates a cause of action only for violating Board

noise regulations. The court agreed with the Board's

determination that Section 24 could not be applied to

create a cause of action for "nuisance noise" pollution

apart from Board regulations.

The court then addressed the issue of whether the

complained-of activities of the Northbrook Sports

Club were exempted from Board regulation. Citing

Hinsdale Golf Club v. Kochanski

(2d Dist 1990), 197

Ill. App. 3d 634, 555 N.E.2d 31, it followed the

holding of that case and held that the Section 900.102

prohibition of "nuisance noise" pollution was subject

to the Sections 3.25 and 25 exemption for an

organized amateur or professional sporting activity.

In response to the argument that the exemption did not

apply because the Sports Club was not "in existence"

at its present location in 1975, the court upheld the

Board's conclusion that shifting locations in 1987 did

not prevent it from being exempt from regulation.

Further, the court concluded, based on the

Hinsdale

Golf Club

decision, application of the specific

examples of activities in Section 3.25 was the more

appropriate interpretation of the exemption than

determining whether the Sports Club's shooting

strictly fulfilled each qualifying element set forth in

the statute. Finally, the Second District refused to

read into Sections 3.25 and 25 a requirement that the

Sports Club make a specific reference to shooting

activities in its articles of incorporation to qualify for

the exemption.

The court denied the complainants' contention that

the Board improperly imposed the burden of proving

the inapplicability of the exemption on them. The

court found that the fact that the Board did not find

their arguments persuasive did not indicate that the

Board had imposed the burden on the complainants.

The Second District found that the Board's

conclusions on the exemption were amply supported

by the record and upheld them.

Finally, the Second District upheld Sections 3.25

and 25 of the Act against constitutional attack. First,

the complainants argued that a 1981 amendment to

Section 25, which removed the former pre-1975

qualification for existence of the club, was an

impermissible retroactive law. Finding that the

complainants had no vested interest in the continuation

of the statute in its pre-amendment form, the court

rejected this attack. Second, the Second District

disagreed with the argument that the Section 25

exemption was impermissible special legislation,

conferring a privilege or benefit on one group to the

exclusion of others similarly situated and

discriminating in favor of a select group without a

reasonable basis. The court held that the Section 25

exemption was general legislation that applies to all

persons similarly situated. The Second District

rejected the argument that the Section 25 was invalid

because there was no compelling state interest behind

it. The court observed that the "rational basis" test

was the appropriate test where there was no suspect

classification or a fundamental right involved. It

further observed that the complainants had failed to

demonstrate that the exemption was arbitrary or

unreasonable.

The Second District refused to reach the merits of

an attack on the constitutionality of a recent

amendments to Section 3.25, in P.A. 88-598, because

it did not base any segment of its decision on those

amendments.

As to the applicability of the exemption to the

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Village, the Second District held that it was not

responsible for the shooting noise. The Village

maintained that it had no ownership interest in the

Club, and although the complainants alleged that the

Village actively participated and was a beneficiary of

the shooting, court noted that they offered no evidence

to this effect. The fact that the Village had helped set

up the Sports Club facilities, in the opinion of the

court, did not establish that the Village was

responsible for the noise.

(Editor's Note: The Second District denied a

FIRST DISTRICT DISMISSES APPEAL FOR

FAILURE TO NAME THE BOARD

By a summary order dated June 23, 1995, the

Appellate Court for the First District dismissed the

appeal in

Marathon Oil Company v. PCB

(1st Dist.

June 23, 1995), No. 1-95-0701, because the appellant

had failed to name the Board in its petition for review.

The decision on review was the December 14, 1994

decision in PCB 94-237,

Marathon Oil Company v.

IEPA

, where the Board affirmed the Agency's denial

of reimbursement for $93,911.80 in costs in this

underground storage tank reimbursement

determination appeal involving a Cook County

facility. In making its decision, the First District cited

McGaughy v. Illinois Human Rights Commission

(Mar. 23, 1995), Nos. 75571 & 75917, a decision not

involving the Board or environmental matters in which

the Illinois Supreme Court held that a failure to name

the agency and all parties of record below would

require dismissal of an appeal pursuant to Supreme

Court Rule 335.

FIRST DISTRICT AFFIRMS BOARD WASTE-

TO-ENERGY FACILITY SITING DECISION

AFFIRMING LOCAL SITING APPROVAL

In

Turlek v. PCB

(1st Dist. June 26, 1995), No. 1-

94-2829, the First District Appellate Court recently

affirmed a Board decision involving the local siting

approval of a proposed pollution control facility in

subsrban Cook County. That was an appeal from the

May 5, 1994 decision in the consolidated cases PCB

94-19,

Michael Turlek, Lillian Smejkal and John

Lathrop v. Village of Summit and West Suburban

Recycling and Energy Center, Inc.

; PCB 94-21,

Kay

Kaluga and Alice Zeman v. Village of Summit and

West Suburban Recycling and Energy Center, Inc.

;

and PCB 94-22,

Citizens for a Better Environment,

Patricia J. Bartleman, Nancy Katz and Michelle

Schmits v. Village of Summit and West Suburban

Recycling and Energy Center, Inc.

, in which the

Board had affirmed the local siting approval granted

by the Village of Summit for a proposed waste-to-

energy plant. The Board had found that the Village of

Summit had jurisdiction to grant the local siting

approval, the Village did not err in determining that

the proposed incinerator was necessary to meet the

waste disposal needs of its intended service area, and

that the facility would meet Illinois EPA (Agency)

flood-proofing requirements.

West Suburban Recycling and Energy Center, Inc.

(WSREC) filed an application for siting of a municipal

waste-to-energy facility with the Village of Summit in

1992. After conducting public hearings on the

application, the Village granted siting approval. In

February of 1993, the Board reversed Summit's siting

approval, in the consolidated cases of PCB 92-174,

Alice Zeman, et al., v. Village of Summit and West

Suburban, Recycling and Energy Center, Inc.

, PCB

92-177,

Donna Quilty v. Village of Summit and West

Suburban Recycling and Energy Center

(Feb. 25,

1992), and remanded the proceeding to the Village on

the grounds that Summit had failed to make WSREC's

application available to the public. In remanding, the

Board allowed WSREC to reinstate its application

without further amendment within 35 days. WSREC

appealed the Board's decision to the First District and

filed a motion with the Board to stay the remand order

order pending the court's ruling. The Board denied

the motion to stay.

On June 8, 1993, WSREC mailed legal notices to

property owners indicating its intent to file a new

application for siting approval for a larger,

substantially similar facility to be located on the same

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property. The First District dismissed WSREC's

1993 appeal in

West Suburban Recycling and Energy

Center, Inc.

(1st Dist. June 14, 1993), No. 1-93-

1070, on June 14, 1993 for lack of jurisdiction,

finding that the Board's February order was not final.

Later in June, WSREC filed its new application for

the larger facility. The Village held public hearings

on the new application and granted siting approval in

December, 1993. The petitioners appealed this

second local siting approval to the Board, and the

Board affirmed the approval. The petitioners filed a

motion for reconsideration, which the Board denied,

then filed the appeal which was the subject of the

instant First District decision.

The court first addressed whether Summit lacked

jurisdiction to entertain WSREC's second application

for siting approval. The challengers to the approval

argued that Section 39.2 prohibits an applicant from

filing a request for siting approval that is substantially

the same as one filed within the preceding two years

and denied based on one of the nine substantive

statutory criteria. The court held that this provision

did not preclude the filing here because a) WSREC's

first application for siting approval was granted by the

Village, not denied, and b) the Board's reversal was

on procedural grounds, rather than on any failure to

meet one of the nine statutory criteria. The appellate

court further questioned whether the two siting

applications were substantially similar, since the

second facility proposed was significantly larger than

the first. The appellate court also rejected the

argument that local authorities cannot have

simultaneous jurisdiction over two applications for the

same site from the same applicant, finding no

prohibition in the statute against an applicant filing

concurrent applications.

The court next rejected the challengers' arguments

that the Board erred in affirming the Village's finding

that the proposed facility was necessary to meet the

needs of its intended service area. The main basis for

this argument was that Summit failed to include two of

the five reports that supported the need criterion

determination when it submitted the record of the

proceedings to the Board. The Board had held that

there was sufficient evidence in the record to support

the Village's decision exclusive of the two missing

studies. On appeal, the First District affirmed,

holding that there was adequate support in the record

for the Board's decision on this criterion because the

missing reports were largely duplicative of the others

submitted with the record and because those included

with the record supported the Village's determination

that the proposed facility was necessary to serve the

needs of the service area.

The First District also rejected arguments that the

Village's substantive determination that the proposed

facility was necessary to meet the needs of its intended

service area was flawed. First, the challengers

contended that the Village should have relied on a

1993 study of remaining landfill capacity, rather than

on the 1991 study that it did rely upon. The court

pointed out that the difference in lifespans listed in the

two reports was approximately 30 days, so the Village

had an accurate picture of the intended service area's

waste disposal needs. Second, the court rejected the

challengers' argument that the Village did not consider

the implications of recycling and other alternative

waste disposal means; it found that the record

indicated that two environmental experts testified to

these issues at the Village's public hearing and that

Summit had adequately addressed this issue in its

written decision granting the local siting approval.

The petitioners final contention on the need criterion

was that without the Illinois Retail Rate Law (220

ILCS 5/8-403.1) the facility would not be profitable.

The court rejected this argument, stating that

profitability is not indispensable to a finding of

necessity.

The challengers next attacked the Board's

affirmance of the Village's decision on the Section

39.2 requirement that the site be located outside 100-

year floodplains or be flood-proofed. They argued

that a portion of the facility was proposed to be

located within a 100-year floodplain and WSREC had

failed to show that the site was flood-proofed. The

court rejected this argument, finding that the Village

based its determination that the site was designed to be

flood-proofed on evidence in the record. The court

held that the flood criterion is satisfied when the local

siting authority determines that a facility is designed to

be flood-proofed and a flood-proofing requirement is

made a precondition of the ultimate site suitability.

Finally, the First District rejected the challengers'

argument that the Board used an incorrect standard in

denying their motion for reconsideration by limiting its

consideration to newly discovered evidence,

intervening changes in law, or errors in the application

of the law. The court observed that the Board had

stated more broadly in denying reconsideration that

the challengers had failed to assert any reason to

support a finding of error. The court held that this

made it clear that the Board applied the correct

standard of review.

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FIFTH DISTRICT DISMISSES APPEAL OF

BOARD DECISION FOR LACK OF

JURISDICTION

In

Concerned Citizens of Williamson County v. PCB

(May 31, 1995), No. 5-95-0250, by a summary order,

the Appellate Court for the Fifth District dismissed an

appeal of a Board decision for lack of jurisdiction.

That was an appeal of the Board's decision in PCB

94-262,

Concerned Citizens of Williamson County v.

Bill Kibler Development Corp.

, a local siting approval

appeal involving a proposed Williamson County

regional pollution control facility (landfill). The

Board had found that the procedures used by the

Williamson County Board were fundamentally unfair

and reversed the August 23, 1994 grant of and

remanded the matter to the Williamson County Board.

The motion to dismiss filed with the Fifth District

argued that the court lacked jurisdiction because the

Board remanded the matter to the county board.

FOR YOUR INFORMATION

BOARD DETERMINES THAT LOCAL SITING

APPROVALS ARE NOT TRANSFERRABLE

The Board recently determined that a local approval

for the siting of a pollution control facility is not

transferrable to a subsequent site owner, in

Medical

Disposal Services, Inc. v. EPA

(May 4, 1995), PCB

95-75 & PCB 95-76 (consolidated). The case was an

appeal of Illinois EPA (Agency) denials of permit

applications for a proposed medical waste incinerator.

By the decision, the Board granted summary

judgment in favor of the Agency and dismissed the

appeals

The prior owner had obtained local siting approval

from the City of Harvey for a proposed medical waste

incinerator to be located within its jurisdiction. The

permit applicant acquired the site from the prior

owner, then applied for permits to construct the

facility. The Agency denied the permits, citing the

lack of prior siting approval under Section 39.2 of the

Act as the sole basis for the denials. The permit

applicant appealed the Agency denials to the Board.

On appeal to the Board, the parties filed cross-motions

for summary judgment. The Board granted summary

judgment in favor of the Agency and denied summary

judgment in favor of the permit applicant. The Board

examined the Act and relevant case law and

determined that because the local siting approval

process considers factors unique to the applicant for

approval, a local siting approval is not transferrable.

Board Members J. Theodore Meyer and Emmett E.

Dunham dissented.

ILLINOIS EPA HOLDS PUBLIC HEARINGS ON

THE BUREAU OF WATER PROGRAM PLAN

The Illinois EPA (Agency) has scheduled public

hearings and will accept public comments on an item

of general public interest. This is the Agency's

Bureau of Water Program Plan for fiscal year 1996

(FY 96). The Agency conducts its hearings pursuant

to its "Procedures for Informational and Quasi-

Legislative Public Hearings", 35 Ill. Adm. Code 164.

Interested persons can obtain a copy of those

procedures from the hearing officer. Special needs

interpreters will be made upon timely request prior to

July 7, 1995.

The Agency Bureau of Water will conduct a public

hearing on its proposed Program Plan for fiscal year

1996 (FY 96; July 1, 1995 through June 30, 1996):

10:00 a.m., Wednesday, July 26, 1995

Mississippi Room

1001 North Grand Avenue East

Springfield

The Agency stated that it seeks public

understanding of and comment on its FY 96 programs

plans for the Bureau of Water relating to the

Revolving Loan Fund. This included the list of

projects for FY 96, the criteria and method for

distribution of the funds, and the criteria and method

for the selection of projects. The Agency intended to

give presentations on the Plan during the first hour of

the hearing, then to collect public comments.

Interested persons may address public comments or

BOARD REVISES DOCKET NUMBERING

SYSTEM EFFECTIVE IN JULY

The Board is revising ITS docket numbering

system effective July 1, 1995. In the past, the Board

numbered its dockets serially, in the order in which

they were filed, beginning on January 1 each calendar

year. On July 1, the Board will begin numbering its

dockets serially, in the order in which they are filed,

but on a State of Illinois fiscal year basis. The State's

fiscal year 1996 began on July 1, 1995. Thus, the first

contested case filed after July 1 will bear the docket

number PCB 96-1, adjusted standard the number AS

96-1, rulemaking R96-1, and administrative citation

AC 96-1.

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inquiries to the Agency:

John D. Williams, Agency Hearing Officer

Illinois EPA

2200 Churchill Road

P.O. Box 19276

Springfield, Illinois 62794-9276

Telephone: 217-782-5544

All comments must be postmarked no later than

midnight August 25, 1995, at which time the record

will close.

For questions on specific programs, contact the fol-

lowing Agency personnel:

Public Water Supplies Program: Charles Bell, at

217-785-0561

Revolving Loan Fund: Ron Drainer, at 217-782-

2027

Water Quality Management Plan: Rick Mollahan,

at 217-782-3362

Water Pollution Program General Questions: Rosie

Kellus, at 217-782-1654

Priority Watersheds: Joel Cross, at 217-782 3362

ADJUSTED STANDARDS AND COMBINED

SEWER OVERFLOW DETERMINATIONS

LISTS

Pursuant to Section 28.1(d)(3) of the Environmental

Protection Act, the Board is publishing in this issue of

the Environmental Register a list of all final

determinations on adjusted standards made within

fiscal year 1995 (July 1, 1994 through June 30, 1995).

Accompanying that listing is a list of all final

determinations on combined sewer overflow

exceptions during the fiscal year. To receive a copy

of any of these determinations, please write to the

Clerk of the Board and specify the docket number of

the case. A copy of the adjusted standards list will

appear in the

Illinois Register

, as also required by

Section 28.1(d)(3).

The Board continues its series of reports on recent

federal actions from the

Federal Register

that are of

interest to the Board and the regulated community.

Below are highlighted 14 such actions:

Streamlined Management of Universal Waste

On May 11, 1995 (60 Fed. Reg. 25492), U.S. EPA

adopted streamlined regulations for the management

of certain hazardous wastes called "universal waste".

Universal waste includes certain widely-generated

wastes, batteries, pesticides, and thermostats. The

regulations govern the collection and management of

these wastes. They establish alternative regulations in

new 40 CFR 273 applicable to collection and

management of the covered wastes that are less

complex than the general treatment, storage, and

disposal facility standards. The intent was to reduce

the regulatory burden of collecting and managing

these wastes to encourage recycling and to reduce the

amounts winding up in landfills. U.S. EPA stated that

it may add similar wastes in the future.

U.S. EPA stated that three basic characteristics

typify universal wastes. First, they are generated in a

variety of settings other than industrial settings.

Second, the vast size of the community generating

them poses problems for implementing hazardous

waste regulation of them. Finally, significant volumes

of these wastes wind up in non-hazardous waste

management units.

U.S. EPA expressly bypassed proposing regulation

of mercury-containing used fluorescent light bulbs as

universal waste in its original proposal. Rather, it

requested comment on this issue and ultimately

proposed such rules separately on July 27, 1994 (59

Fed. Reg. 38288). If regulations ultimately result

from that proposal, U.S. EPA will make them

consistent with the new universal waste regulations.

(Editor's note: This federal rulemaking falls within

the timeframe of presently-reserved identical-in-

substance rulemaking docket R95-20. Interested

persons should address questions to Michael J.

McCambridge, at 312-814-6924, or address comments

to Dorothy Gunn, Clerk, Pollution Control Board, 100

West Randolph Street, Suite 11-500, Chicago, Illinois

60601.

Please use docket number R95-20 in any

comments or inquiries.

)

Exemption of Acetone from the Definition of VOM

U.S. EPA exempted acetone from the definition of

VOM on June 16, 1995 (at 60 Fed. Reg. 31633). It

determined that acetone exhibits negligible

photochemical reactivity that it participates minimally

in the formation of tropospheric ozone. This means

that acetone is no longer considered "volatile organic

material" (VOM) that is subject to emissions controls

for the purposes of ozone compliance, and states

cannot claim credit in their state implementation plans

(SIPs) for control of acetone emissions.

(Editor's note: The Board responded to this action

on July 7, 1995 by proposing corresponding

amendments to the Illinois definition of VOM in the

identical-in-substance docket R95-16. Interested

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persons should address questions to Michael J.

McCambridge, at 312-814-6924, or address comments

to Dorothy Gunn, Clerk, Pollution Control Board, 100

West Randolph Street, Suite 11-500, Chicago, Illinois

60601.

Please use docket number R95-16 in any

comments or inquiries.

Revised Draft Lake Michigan Lakewide

Management Plan

U.S. EPA announced the availability of the revised

draft Lake Michigan Lakewide Management Plan

(Lake Michigan LaMP) on May 5, 1995 (60 Fed.

Reg. 22381). The Lake Michigan LaMP describes

the pollutants affecting the Lake and the actions

government and private sector have taken and could

take to reduce the pollutant loadings. This revised

draft significantly changed from the draft Lake

Michigan LaMP released by U.S. EPA on January 1,

1992 (57 Fed. Reg. 41941, Aug. 11, 1992). U.S.

EPA especially seeks comment on the draft list of

critical pollutants affecting the Lake and the measures

that could be taken to reduce the presence of these

pollutants.

The Lake Michigan LaMP identifies

polychlorinated biphenyls (PCBs), dieldrin, chlordane,

DDT and its degeneration products (DDD and DDE

isomers), polychlorinated dibenzo-para-dioxins

(dioxin), polychlorinated dibenzofurans (Furan) and

mercury as "Level I" critical pollutants, which violate

the most stringent water quality criteria, exceed an

FDA action level in fish, or are associated with

lakewide use impairments. These are the primary

focus of the LaMP. The "Level II" pollutants of

concern, in order of concern, are hexachlorobenzene,

toxaphene, polycyclic aromatic hydrocarbons (PAHs),

lead, copper, zinc, arsenic, cadmium, chromium, and

cyanide. These are chemicals for which there is a use

impairment. Pollutants that could potentially impact

the Lake, "Level III" pollutants are atrazine,

selenium, and five PCB substitute compounds:

isopropylbiphenyl, Santosol 100 and 150, Suresol

290, and diisopropylnaphthalene.

The Lake Michigan LaMP identifies the sources of

the various levels of pollutants. In general, the

sources are NPDES-permitted (municipal and

industrial) discharges, urban and agricultural runoff,

atmospheric deposition, tributary streams, (RCRA and

CERCLA) hazardous waste facilities and sites,

stormwater, and contaminated sediments. U.S. EPA

stated that load estimates for the sources are scarce or

nonexistent, and it intends to further study sources and

loadings to prioritize pollution prevention, reduction,

and remediation activities.

The LaMP identifies pollution prevention,

reduction, and remediation activities already

undertaken. Included are agricultural clean sweeps in

Indiana, Michigan, and Wisconsin for banned,

cancelled, or unused pesticides; urban clean sweeps in

northwest Indiana; sediment assessment and

remediation at the Lincoln Park Gun Club (Illinois),

Trail Creek (Indiana), Manistee Lake (Michigan) and

"Lake Michigan Areas of Concern"; pollution

prevention outreach and technical assistance projects

in Chicago, Milwaukee, western Michigan, and

northwest Indiana; the development of maximum

available control technology (MACT) standards for air

toxics; reports and recommendations to Congress on

the impact of air toxics and methods for emissions

reduction; and 25 percent reductions in releases of

LaMP pollutants into the Lake from the ten RCRA

facilities with the greatest potential to impact the Lake.

The LaMP was prepared in cooperation between

U.S. EPA; the U.S. Army Corps of Engineers; the

U.S. Department of Agriculture; the U.S. Fish and

Wildlife Service; the U.S. Geological Survey; the

states of Illinois, Indiana, Michigan, and Wisconsin;

and the Chippewa/Ottawa Treaty Fishery Management

Authority. The Great Lakes Water Quality

Agreement of 1987 between the U.S. and Canada

calls for both governments to engage in a LaMP for

each of the five great lakes. The 1987 Clean Water

Act amendments require U.S. EPA to take the lead in

meeting the goals of the Agreement. The Great Lakes

Critical Programs Act of 1990 sets forth a timetable

for development of the Lake Michigan LaMP: a

proposed LaMP for public comment by January 1,

1992, a proposed LaMP for international review by

January 1, 1993, a final LaMP by January 1, 1994.

U.S. EPA presently anticipates publication of the final

Lake Michigan LaMP in the Federal Register by

January 1996.

Approval of J.M. Sweeney Stage II Variance SIP

Revision

The Board granted J.M. Sweeney a variance from

the Stage II gasoline vapor recovery requirements on

September 1, 1994, in docket PCB 93-257. U.S.

EPA approved the SIP revision involving this variance

on May 3, 1995 (60 Fed. Reg. 21706) as a direct final

rule. The public comment period ended on June 2,

1995.

J.M. Sweeney obtained the variance because it

could not install the required Stage II vapor recovery

equipment by the November 1, 1993 deadline.

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Contamination of unknown extent from a leaking tank

was found at the site, and remedial action was

necessary. It would have cost Sweeney to $50,000

TO $60,000 extra to install Stage II equipment before

remediation. The variance expired March 31, 1995.

U.S. EPA stated that it was approving the SIP

revision involving variance because the increased

emissions it would occasion would not contribute

significantly to tropospheric ozone formation. The

expiration of the variance on March 31, 1995

precedes the April 1 beginning of the 1995 ozone

season.

Federal Emissions Standards for Small Engines

On July 3, 1995 (60 Fed. Reg. 34582), U.S. EPA

adopted emissions standards for new nonroad spark-

ignition engines at or below 25 horsepower (small SI

engines). These are engines used primarily in lawn

and garden equipment. U.S. EPA anticipates

reductions of 32 percent reduction in hydrocarbon

(HC) emissions and 7 percent in carbon monoxide

(CO) emissions in the year 2020 through the

implementation of the rules.

U.S. EPA is presently working on a second phase

of regulations for these engines. The Phase 1

regulations are similar to the Regulation for 1995 and

Later Utility and Lawn and Garden Equipment

Engines emissions regulations issued by the California

Air Resource Board (CARB).

Inter alia

, the new

Phase 1 rules designate product lines into groups of

engines, require manufacturer emissions testing,

require engine certification and labelling, and prohibit

the sale of uncertified engines. The Phase 2

regulations will result through consultation and

negotiation with industry, and might include useful life

requirements, in-use emissions requirements,

evaporative emissions, refueling emissions, etc.

The regulations result from U.S. EPA's 1991 study

of emissions from off-road engines mandated by CAA

§ 213(a)(1). That study indicated that nonroad

engines and equipment contribute 10 percent of the

summer VOM emissions in the 19 ozone

nonattainment areas included in the study. Small SI

engines account for half those summer emissions from

nonroad engines. Nonroad engines accounted for nine

percent of CO winter CO emissions in the sixteen CO

nonattainment areas in the study. Small SI engines

account for 56 percent of the nonroad engine

emissions.

Refrigerant Recycling

On May 2, 1995 (60 Fed. Reg. 21682), U.S. EPA

amended its requirements for recovery and recycling

of used automotive refrigerant. The amendments

established a standard for approval of recovery-only

equipment and updates the purity standard for off-site

reclaimed refrigerant. They also revise the criteria for

operator certification to reflect the standard for

recover-only equipment. Essentially, most of the

supplemental final rule pertaining to recover-only

equipment, effective June 1, 1995, provides additional

flexibility for technicians servicing automobile air

conditioners by allowing the use of recover-only

equipment. The changed purity standard is effective

July 3, 1995.

U.S. EPA established rules on July 14, 1992 (57

Fed. Reg. 31241) that restrict the servicing of

automobile air conditioning equipment to technicians

using only approved recovery-only or recovery and

recycling equipment. Those rules established

standards for approval of recovery and recycling

equipment, but did not do so as to recovery-only

equipment. Recycling refrigerant recovered from

recycle-only equipment can occur either on-site or off-

site (using recover-recycle equipment).

The new recover-only equipment standard closely

follows Society of Automotive Engineers (SAE)

standards J1989 and J2209. SAE standard J1989,

relating to containment of refrigerant, was formerly

approved for use of recovery and recycling

equipment. The standard for off-site recycled

refrigerant was changed from Air conditioning and

Refrigeration Institute (ARI) standard 700-88 to ARI

700-93. In the discussion, U.S. EPA also states that it

has approved both Underwriters Laboratories (UL)

and Engineering Testing Laboratories (ETL) for

certification testing of the recover-only equipment.

They were formerly approved for certification of

recovery and recycling equipment.

Proposed New Non-Municipal Solid Waste Landfill

Rules

On June 12, 1995 (60 Fed. Reg. 30964), U.S. EPA

proposed amending the hazardous and nonhazardous

waste disposal rules to establish requirements for

disposal of RCRA Subtitle C conditionally-exempt

small-quantity generator (CESQG) hazardous waste in

nonhazardous waste landfills. The proposed

amendments would clarify that 40 CFR 258 RCRA

Subtitle D municipal solid waste landfills can manage

CESQG wastes. It would also expand upon the

Subtitle D requirements by incorporating, as 40 CFR

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257, subtitle B, management standards for non-

MSWLF units receiving CESQG waste. The

amendments would include requirements for state

programs: U.S. EPA will list them as required

HSWA-driven elements in 40 CFR 271.1(j). The

requirements will become effective 18 to 24 months

after U.S. EPA adopts them.

Proposed Federal Vehicle I/M Relaxations

On April 28, 1995 (60 Fed. Reg. 20934), U.S.

EPA proposed an alternative relaxation of the vehicle

inspection and maintenance (I/M) regulations for areas

that can demonstrate that they can achieve the goals of

the Clean Air Act Amendments of 1990 (CAAA).

The proposed rules would create a second, less

stringent test for those areas that can achieve the

reasonable further progress (RFP) deadlines of the

CAAA. The original test, formerly the enhanced I/M

test, would now be called the high enhanced I/M

performance standard. The new test would be called

the low enhanced performance standard. The new

low enhanced test would include the minimum two

inspections per vehicle, an emission inspection and a

visual inspection. It would also extend the deadline

for implementing the minimum repair expenditure for

a waiver, allow application of pre-inspection repairs

towards the waiver expenditure, allow repairs of

primary emissions control components by non-

technicians to apply towards the waiver expenditure,

and allow more than one hardship exemption per

vehicle lifetime. The proposal also would make

clarifying amendments to the requirements for areas

undergoing redesignation. U.S. EPA further elicited

comment on whether it should change the population

cutoff for basic I/M from 50,000 to 200,000.

(Editor's note: The Board adopted rules relating to

the high enhanced I/M program on December 1, 1994

under dockets R94-19 and R94-20. R94-19 involved

vehicle engine exhaust emissions, and R94-20

Reportable Quantity Adjustments (Hazardous

Substances)

On June 12, 1995 (60 Fed. Reg. 30926) U.S. EPA

amended the reportable quantity tables in 40 CFR 117

(Clean Water Act or CWA), 302 (Superfund or

CERCLA), and 355 (EPCRA). A reportable quantity

(RQ) is that threshold amount of a hazardous

substance above which a release must be reported

under the release reporting requirements of the

appropriate statute. U.S. EPA added 47 Clean Air

Act (CAA) hazardous air pollutants (HAPs), adjusting

their statutory one-pound RQs; added five categories

of substances that are CAA HAPs, assigning no RQ;

adjusted the RQs for 11 RCRA Subtitle C hazardous

wastes; and made conforming changes to the CWA

and EPCRA tables. An RQ can be one pound or 10,

100, 1000, or 5000 pounds of a substance.

NESHAP for Lead Smelters

On June 23, 1995 (60 Fed. Reg. 32587), U.S. EPA

established national emission standards for hazardous

air pollutants (NESHAPS) for the secondary lead

smelting industry at 40 CFR 63, subpart X. The

limitations apply to emissions from smelting furnaces,

refining kettles, agglomerating furnaces, dryers, and

fugitive dust sources at major source and area source

secondary lead smelters. A secondary lead smelter is

defined as a facility that recycles lead from lead-

bearing scrap. The rules do not apply to primary lead

smelters. The rules impose limitations on lead

emissions and total hydrocarbon (THC) emissions, as

a surrogate for all organic hazardous air pollutants

(HAPs). The compliance deadline for all sources is

June 23, 1997. The rules also include testing,

monitoring, notification, recordkeeping, and reporting

requirements.

Repeal of Obsolete Provisions

On June 29, 1995, in three actions (60 Fed. Reg.

33912, 33915 & 33926), U.S. EPA repealed several

provisions of its regulations under the Clean Air Act,

Clean Water Act, RCRA, CERCLA, SDWA (both

drinking water and UIC provisions), and other

authorities. U.S. EPA explained that these actions

removed provisions that had no further legal effect

because (1) they implemented subsequently-repealed

statutory provisions, (2) they expired under their own

terms or under statutory terms, or (3) they were

vacated by a court. U.S. EPA stated that these actions

were in compliance with a March 4, 1995 Presidential

order.

(Editor's note: This action will most likely require

some corresponding to corresponding Illinois

regulations in an identical-in-substance rulemaking

update. The docket numbers assigned the various

programs for the update period ended June 30, 1995

are as follows: R95-17, SDWA Update; R95-18, UIC

Update; R95-19, RCRA Subtitle D Update; R95-20,

RCRA Subtitle C Update; R95-21, UST Update; and

R95-22, Pretreatment Update.)

Federal Regulatory Reinvention (XL) Pilot Projects

On May 23, 1995 (60 Fed. Reg. 27282), U.S. EPA

announced the establishment of three pilot projects

intended to allow greater regulatory flexibility. The

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projects would allow regulated facilities to develop

and demonstrate alternative strategies that would

replace existing regulatory requirements if they can

produce greater environmental benefits than the

requirements they would replace. The three pilot

programs are the XL program for facilities, the

industry-wide or sector-based XL program, and an

XL program for regulated government facilities. U.S.

EPA has invited proposals for these three programs,

and it will invite proposals for a fourth program, a

community-based XL program, in the future. These

proposals respond to a March 16, 1995 Presidential

announcement contained in "Reinventing

Environmental Regulation". U.S. EPA's goal is to

implement 50 projects in the four XL program areas.

For each project, the regulated entities will receive

greater regulatory flexibility in exchange for a

commitment to achieve greater environmental benefits

by the alternative means. U.S. EPA intends

implementing these projects in conjunction with the

states. It stated that it will evaluate proposals based on

environmental results, costs savings and paperwork

reduction, stakeholder (interested local persons)

support, innovation and multimedia pollution

prevention, transferability (into U.S. EPA programs

or to other industries), feasibility, monitoring and

reporting, and its shifting of the burdens of risk.

Amendments to Phase-Out of Ozone-Depleting

Chemicals

On May 10, 1995 (60 Fed. Reg. 24970), U.S. EPA

amended the regulations for phase out of ozone-

depleting substances. The amendments clarify the

existing rules, improve efficiency, reduce the

administrative burden on regulated entities, and allow

post-phase-out production of the substances for special

exempted uses. Chlorofluorocarbon (CFC), carbon

tetrachloride (tetrachloromethane), methyl chloroform

(1,1,1-trichloroethane), and hydrobromofluorocarbon

(collectively, class I substances) are to be phased out

by January 1, 1996, and halon (tetrafluoroethylene

polymer) production was to have been phased out

January 1, 1994.

U.S. EPA adopted the regulations that limit

production and consumption of ozone-depleting

substances on December 10 and 30, 1993 (58 Fed.

Reg. 65081 and 69235). The rules established an

allowance program to ensure that the U.S. complied

with the Montreal Protocol on Substances that Deplete

the Ozone Layer and Title VI of the Clean Air Act

Amendments of 1990 (CAAA). Companies expend

tradeable allowances by producing or importing the

subject substances. The amendments do away with

controlled allowances for class I substances (excluding

methyl bromide), and their continued production will

be allowed after the phaseout deadline, if certain

conditions are fulfilled. The conditions pertaining to

allowable production are as follows: they are either

transformed or destroyed, they are exported to article

5 (developing ) countries, or they are produced for

essential uses consistent with essential use allowances.

The conditions for allowable import are as follows:

they are either transformed or destroyed, they are

previously used (including recycled and reclaimed),

they are imported for essential uses consistent with

essential use allowances, they are transhipped to

another signatory to the Montreal Protocol, or they are

imported using destruction and transformation credits.

(

Editor's Note: The hydrochlorofluorocarbons

(HCFCs) are class II substances, not class I

substances, and are not the subject of these

amendments. The following exempt compounds listed

in the Illinois definition of volatile organic material

(VOM), in Section 211.7150 of the air pollution

control regulations, are class I compounds subject to

1996 phase-out: 1,1,1-trichloroethane (methyl

chloroform), 1,1,1-trichloro-2,2,2-trifluoroethane

(CFC-113), trichlorofluoromethane (CFC-

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17

11), dichlorodifluoromethane (CFC-12), chlorodi-

fluoromethane (HCFC-22), 1,2-dichloro-1,1,2,2-tetra-

fluoroethane (CFC-114), and chloropentafluoroethane

(CFC-115). The following VOM-exempted compounds

are class II compounds not subject to 1996 phase-out:

1,1,1-trifluoro-2,2-dichloroethane (HCFC-123),

1,1,1,2-tetrafluoroethane (HFC-134a), 1,1-dichloro-

1-fluoroethane (HCFC-141b), 1-chloro-1,1-difluoro-

ethane (HCFC-142b), 2-chloro-1,1,1,2-tetrafluoro-

ethane (HCFC-124), pentafluoroethane (HFC-125),

1,1,2,2-tetrafluoroethane (HFC-134), 1,1,1-trifluoro-

ethane (HFC-143a), and 1,1-difluoroethane (HFC-

152a). The following two compounds are exempt from

the definition of VOM and are not subject to the

Montreal Protocol: methylene chloride (dichloro-

methane) and trifluoromethane (HFC-23). The phase-

out of the production and importation of many of the

exempted compounds will greatly curtail use of these

substances, but residual use will continue because

there are exempted uses and the Protocol directly

Stratospheric Ozone: Significant New Alternatives

Policy (SNAP)

On June 13, 1995 (at 60 Fed. Reg. 31092), U.S.

EPA amended the Significant New Alternatives Policy

(SNAP) in the stratospheric ozone protection rules.

The amendments incorporated an updated listing of

restrictions and prohibitions for substances used to

substitute for ozone-depleting substances. Under the

SNAP program, adopted under section 612 of the

Clean Air Act, this listing indicates the acceptable and

unacceptable substitutes and conditions on substitution

for ozone-depleting substances in particular uses.

U.S. EPA evaluates risks to human health and the

environment in assembling the listings.

FINAL ACTIONS

FINAL ACTIONS - May 4, 1995 BOARD MEETING

- May 4, 1995 BOARD MEETING

93-55

Clarendon Hills Bridal Center (Learsi &

Co., Inc.) v. IEPA - The Board granted

POLLUTION CONTROL BOARD

DEVELOPING A HOME PAGE ON THE WORLD WIDE WEBB

The Pollution Control Board is in the process of developing a Home Page on the World Wide Webb

on the Internet and hopes to begin placing information on the Home Page in September. This will replace

the current Electronic Bulletin Board System (BBS). The World Wide Webb will contain Board Agendas,

Environmental Registers, Annual Reports, Citizen Participation Guides, and various documents about the

Board. The Home Page address will be provided in a future issue of the

Environ

mental Register

. For

additional information contact Sandy Wiley at the Board Offices 312-814-3623.

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reconsideration and affirmed its February

16, 1995 opinion and order, which

affirmed in part and reversed in part the

Agency's denial of reimbursement in this

underground storage tank reimbursement

determination involving a DuPage County

facility.

93-128

National Coatings, Inc. v. IEPA - The

Board granted voluntary dismissal of this

RCRA permit appeal involving a Knox

County facility.

94-84

People of the State of Illinois v.

Winnebago Reclamation Service, Inc. -

The Board accepted a stipulation and

settlement agreement in this land

enforcement action against a Winnebago

County facility, ordered the respondent to

pay a civil penalty of $6,750.00, and

ordered it to cease and desist from further

violation. Member J. Theodore Meyer

concurred.

94-127

People of the State of Illinois v. James

Lee Watts, and d/b/a Watts Trucking

Service, Inc. and ESG Watts, Inc. - The

Board found that ESG Watts had violated

Sections 807.623, 858.401, and 814.104

of the landfill regulations in this

enforcement action against Rock Island

and Sangamon County facilities, ordered

the respondent to pay a civil penalty of

$60,000.00, awarded $4,980.00 in

attorneys fees and costs to the Attorney

General's office, and ordered it to cease

and desist from further violation.

Member J. Theodore Meyer concurred.

94-246

People of the State of Illinois v. Odum

Concrete Products, Inc. - The Board

accepted a stipulation and settlement

agreement in this air enforcement action

against a Williamson County facility,

ordered the respondent to pay a civil

penalty of $5,000.00, and ordered it to

cease and desist from further violation.

Member J. Theodore Meyer concurred.

94-261

Chemetco, Inc. v. IEPA - The Board

granted voluntary dismissal of this air

permit appeal involving a Madison

County facility.

94-270

People of the State of Illinois v. Spraying

Systems Company - The Board granted

voluntary withdrawal of this air

enforcement action against a DuPage

County facility.

94-386

Chase Products Company v. IEPA - The

Board granted voluntary withdrawal of

this air permit appeal involving a Cook

County facility.

95-3

Illinois Petroleum Marketers

Association (Representing 157 facilities

located within the Chicago Ozone

nonattainment area) v. IEPA - The Board

granted 157 gasoline dispensing facilities

located in the Chicago ozone

nonattainment area and affiliated with the

petitioner a five-month variance from the

requirement to install and operate Stage II

vapor recovery equipment, subject to

conditions.

95-75

Medical Disposal Services, Inc. v. IEPA -

The Board granted the Agency's cross-

motion for summary judgment, holding

that local siting approval was not

transferrable and affirming the Agency's

denial of an air construction permit for the

construction of a proposed Cook County

medical waste treatment facility.

Consolidated with PCB 95-76. Members

E. Dunham and J. Theodore Meyer

dissented.

95-76

Medical Disposal Services, Inc. v. IEPA -

The Board granted the Agency's cross-

motion for summary judgment, holding

that local siting approval was not

transferrable and affirming the Agency's

denial of a land construction permit for

the construction of a proposed Cook

County medical waste treatment facility.

Consolidated with PCB 95-75. Members

E. Dunham and J. Theodore Meyer

dissented.

94-114

People of the State of Illinois v. C. P.

Inorganics, Inc., n/k/a Phibro-Tech, Inc.

- The Board accepted a stipulation and

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19

settlement agreement in this air

enforcement action against a Will County

facility, ordered the respondent to pay a

civil penalty of $2,500.00, and ordered it

to cease and desist from further violation.

Member J. Theodore Meyer concurred.

95-138

City of White Hall v. IEPA - Upon

receipt of an Agency recommendation,

the Board granted this Greene County

wastewater treatment facility a 45-day

provisional variance from the

carbonaceous biochemical oxygen demand

(CBOD

5

) and total suspended solids (TSS)

effluent requirements of the water

pollution control regulations, subject to

conditions, to allow it to continue

operating during a period of treatment

plant repairs.

AC 95-22

IEPA v. Clayton G. Pope and Karen N.

Pope - The Board entered a default order,

finding that the Champaign County

respondents had violated Section 21(p)(1)

of the Act and ordering them to pay a

civil penalty of $500.00.

AC 95-23

County of Vermilion v. Brickyard

Disposal & Recycling, Inc. - The Board

entered a default order, finding that the

Vermilion County respondent had violated

Section 21(0)(5) of the Act and ordering it

to pay a civil penalty of $500.00.

AC 95-24

County of Vermilion v. Brickyard

Disposal & Recycling, Inc. - The Board

entered a default order, finding that the

Vermilion County respondent had violated

Section 21(0)(5) of the Environmental

Protection Act and ordering it to pay a

civil penalty of $500.00.

R94-33

In the Matter of: 15% ROP Plan Control

Measures for VOM Emissions - Part VII:

Batch Operations: Amendments to 35 Ill.

Adm. Code Parts 211, 218 and 219 -

See

Rulemaking Update.

NEW CASES

NEW CASES - May 4, 1995 BOARD MEET

- May 4, 1995 BOARD MEETING

ING

95-116

Kelley-Williamson Company v. EPA -

The Board accepted an amended petition

for hearing in this underground storage

tank reimbursement determination appeal

involving a Boone County facility.

95-128

Cathy Bevis, Gladys Shreve, Rick Moore,

Eleanor Towns, Eleanor Morris, Leonard

Morris, Eddie Breeze, Louise Breeze,

Mary Lee Cunningham, Lyle Rutger,

Marie Rutger, Charles Walker and

Lenora Walker v. Wayne County Board,

Wayne County - The Board held this third

party landfill siting appeal involving a

Wayne County facility.

95-133

ESG Watts, Inc. (Taylor Ridge or

Andalusia Landfill--Calcium Sulfite Cake)

v. IEPA - The Board accepted this land

permit appeal involving a Rock Island

County facility for hearing. Consolidated

with PCB 95-134.

95-134

ESG Watts, Inc. (Taylor Ridge or

Andalusia Landfill--Buffing Dust Waste)

v. IEPA - The Board accepted this land

permit appeal involving a Rock Island

County facility for hearing. Consolidated

with PCB 95-133.

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95-135

People of the State of Illinois v. Yesley

Service Company, Inc. - The Board

accepted this special waste hauling

enforcement action against a Randolph

facility.

95-136

Burbank/Reavis High School District

#220 v. IEPA - The Board, having

received a request for a 90-day extension

of time to file a permit appeal pursuant to

P.A. 88-690, reserved this docket for any

underground storage tank reimbursement

determination appeal filed on behalf of

this Cook County facility.

95-137

Community Landfill Corporation v. IEPA

- The Board held this land variance

involving a Grundy County facility for an

Agency recommendation.

95-138

City of White Hall v. IEPA -

See Final

Actions.

95-139

People of the State of Illinois v. MBL

(USA) Corporation - Upon receipt of a

proposed stipulation and settlement

agreement and an agreed motion to

request relief from the hearing

requirement in this air enforcement action

against a LaSalle County facility, the

Board ordered publication of the required

newspaper notice.

AC 95-25

IEPA v. Fred Smith, Jr. - The Board

accepted an appeal for hearing in this

administrative citation filed against a

Macoupin County facility.

AC 95-26

IEPA v. Orville Bartels and Frank Blair -

The Board accepted an appeal for hearing

in this administrative citation filed against

Cass County respondents.

AC 95-28

Sangamon County v. ESG Watts, Inc. -

The Board accepted an appeal for hearing

in this administrative citation filed against

a Sangamon County facility.

AC 95-29

Sangamon County v. ESG Watts, Inc. -

The Board accepted an appeal for hearing

in this administrative citation filed against

a Sangamon County facility.

AC 95-31

IEPA v. Lake County Grading of Liberty-

ville, Inc. - The Board received an

administrative citation against a Lake

County facility.

AS 95-4

In the Matter of: Petition of the

Metropolitan Water Reclamation District

of Greater Chicago for an Adjusted

Standard From 35 Ill. Adm. Codes 811,

812, and 817 (Sludge Application) - The

Board accepted this peti-

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21

tion for an adjusted standard from certain

of the landfill regulations filed on behalf

of a Cook County facility.

R95-13

In the Matter of: RCRA Subtitle D

Update, Delayed Effective Date of

USEPA Financial Assurance Regulations

(April 7, 1995) -

See Rulemaking

Update.

R95-14

In the Matter of: Petition of the

Metropolitan Water Reclamation District

of Greater Chicago for Site-Specific

Water Quality Regulation: 35 Ill. Adm.

Code Parts 302 through 304 -

See

Rulemaking Update.

FINAL ACTIONS

FINAL ACTIONS - May 11, 1995 BOARD MEETING

- May 11, 1995 BOARD MEETING

95-140

Indian Refining Limited Partnership v.

IEPA - Upon receipt of an Agency

recommendation, the Board granted this

Lawrence County facility a 45-day

provisional variance from certain sulfur

dioxide requirements of the air pollution

regulations, subject to conditions, during

a period of refinery repairs.

95-141

United States Tobacco Manufacturing

Company v. IEPA - Upon receipt of an

Agency recommendation, the Board

granted this Cook County facility a 45-day

provisional variance from volatile organic

material emissions requirements of the air

pollution regulations, subject to

conditions, awaiting delivery and

installation of emissions control

equipment.

NEW CASES

NEW CASES - May 11 SPECIAL BOARD MEET

- May 11 SPECIAL BOARD MEETING

ING

95-140

Indian Refining Limited Partnership v.

IEPA -

See Final Actions.

95-141

United States Tobacco Manufacturing

Company v. IEPA -

See Final Actions.

AC 95-32

Williamson County Solid Waste

Management Office v. Karen Addison -

The Board received an administrative

citation against a Williamson County

facility.

FINAL ACTIONS

FINAL ACTIONS - May 18, 1995 BOARD MEETING

- May 18, 1995 BOARD MEETING

92-165

Reichhold Chemicals, Inc. v. IEPA - The

Board, on its own motion, consolidated

this matter with PCB 94-278,

incorporated by reference the joint

settlement agreement, and granted

voluntary dismissal of this underground

storage tank reimbursement determination

appeal involving Cook County facility.

93-45

St. Louis Auto Shredding v. IEPA - The

Board granted voluntary withdrawal of

this land permit appeal involving a St.

Clair County facility.

93-106

Larry Slates, Lonnie Seymour, James

Klaber, Faye Mott, and the Hoopeston

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Community Memorial Hospital v. Illinois

Landfills, Inc. and Hoopeston City

Council, on behalf of the City of

Hoopeston - The Board, in compliance

with the mandate of the Fourth District

Appellate Court, remanded this third party

landfill siting appeal involving a

Vermilion County facility for further

proceedings consistent with the court's

order.

94-133

TNT Holland Motor Express, Inc. v.

Office of the State Fire Marshal - Finding

that an administrative agency, such as

OSFM, may not reconsider its final

determination unless statutorily authorized

to do so, the Board granted summary

judgment in favor of the petitioner, in this

underground storage tank reimbursement

determination appeal involving a Cook

County facility.

94-258

Woodstock/Northern FS, Inc. v. IEPA -

The Board affirmed an Agency

determination that a tank removal of was

in response to a new release and were

properly considered pursuant to Section

57 of the Act, in this underground storage

tank reimbursement determination appeal

involving a McHenry County facility.

94-278

Reichhold Chemicals, Inc. v. IEPA - The

Board, on its own motion, consolidated

this matter with PCB 92-165,

incorporated by reference the joint

settlement agreement, and granted

voluntary dismissal of this underground

storage tank reimbursement determination

appeal involving Cook County facility.

95-1

Penny Snyder, George J. Moran,

Robert D. Larson, George Arnold, Jim

Bensen, Madison County Conservation

Alliance and Piasa Palisades Group of the

Sierra Club v. Waste Management of

Illinois, Inc. - The Board granted the

respondent's motion to dismiss this

citizens land enforcement action against a

Madison County facility, finding that the

respondent was operating under a permit

issued prior to 1981, so the landfill

expansion was not a new pollution control

facility subject to local siting approval.

95-43

Kathe's Auto Service Center v. IEPA -

The Board affirmed the disapproval of the

petitioner's site classification completion

report for its Cook County facility in this

underground storage tank corrective

action appeal.

95-56

Rodney B. Nelson, M.D. v. Kane County

Board, Warren Kammerer, Chairman -

The Board found that this citizen's land

enforcement action against Kane County

respondents did not state a claim upon

which relief could be granted and

dismissed it as frivolous.

95-62

D & L Landfill, Inc. v. IEPA - The

Board granted voluntary dismissal of this

land permit appeal involving Board

County facility.

95-63

Union Oil Company of California, d/b/a

Unocal Corporation v. IEPA - The Board

granted voluntary dismissal of this petition

for an air variance for a Will County

facility.

95-128

Cathy Bevis, Gladys Shreve, Rick Moore,

Eleanor Towns, Eleanor Morris, Leonard

Morris, Eddie Breeze, Louise Breeze,

Mary Lee Cunningham, Lyle Rutger,

Marie Rutger, Charles Walker and

Lenora Walker v. Wayne County Board,

Wayne County - The Board dismissed this

citizen's third party landfill siting appeal,

finding that it was frivolous because it

failed to name a necessary party, as

required by Section 40.1(b) of the Act.

95-145

Amoco Oil Company v. IEPA - Upon

receipt of an Agency recommendation,

the Board granted this DuPage County

gasoline dispensing facility a 10-day

extension of previous provisional

variances granted in PCB 94-363 and

PCB 95-130 from the air pollution control

regulations that require the installation and

operation of Stage II vapor recovery

equipment.

95-146

Norbert Janisch and Sibi Kadalimatton v.

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23

IEPA - Upon receipt of an Agency

recommendation, the Board granted this

DuPage County gasoline dispensing

facility a 19-day extension of previous

provisional variances granted in PCB 94-

263 and PCB 95-131 from the air

pollution control regulations that require

the installation and operation of Stage II

vapor recovery equipment.

95-148

Glenbard Wastewater Authority v. IEPA -

Upon receipt of an Agency

recommendation, the Board granted this

DuPage County wastewater treatment

facility a 45-day provisional variance

from the seasonal fecal coliform effluent

requirements of the water pollution

control requirements, subject to

conditions, to allow continued operation

during a period of treatment plant

malfunction.

95-149

Pittsburgh Tube Company v. IEPA -

Upon receipt of an Agency

recommendation, the Board granted this

Livingston County facility a 45-day

provisional variance from the boron, zinc,

pH, and total dissolved solids effluent

requirements of the water pollution

control regulations, subject to conditions,

during a period of treatment plant mainten

ance.

AC 94-92

County of DuPage v. Waste Management

of Illinois, Inc. - The Board granted

voluntary withdrawal of this

administrative citation against a DuPage

County respondent.

AC 95-5

IEPA v. Atkinson Landfill Company and

Donald Martin - The Board granted

voluntary withdrawal of the petition for

review and entered a default order,

finding that the Henry County respondents

had violated Sections 21(o)(3), 21(o)(5),

21(o)(9), and 21(p)(11) of the Act and

ordering them to pay a civil penalty of

$2,000.00.

AC 95-20

Jackson County v. Greg Burris,

individually, also d/b/a Burris Disposal

Service - The Board entered a default

order, finding that 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 it to pay a civil

penalty of $2,500.00.

R94-10

In the Matter of: Pretreatment Update

(July 1, 1993 through December 31,

1993) -

See Rulemaking Update.

NEW CASES

NEW CASES - May 18, 1995 BOARD MEET

- May 18, 1995 BOARD MEETING

ING

94-125

People of the State of Illinois v. Beloit

Corporation and All States Asbestos

Professionals - Upon receipt of a

proposed stipulation and settlement

agreement and an agreed motion to

request relief from the hearing

requirement in this air enforcement action

against a Winnebago County facility, the

Board ordered publication of the required

newspaper notice.

95-89

Eugene W. Graham (Libertyville Citgo)

v. IEPA - The Board accepted an

amended petition in this underground

storage tank fund reimbursement

determination appeal involving a Lake

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County facility.

95-105

Saline County Landfill v. IEPA - Having

previously granted an extension of time to

file a land permit appeal involving this

Crawford County facility, the Board

accepted the petition for hearing.

95-128

Cathy Bevis, Gladys Shreve, Rick Moore,

Eleanor Towns, Eleanor Morris, Leonard

Morris, Eddie Breeze, Louise Breeze,

Mary Lee Cunningham, Lyle Rutger,

Marie Rutger, Charles Walker and

Lenora Walker v. Wayne County Board,

Wayne County -

See Final Actions.

95-142

City of Yorkville v. IEPA - The Board

held this public water supply variance

petition involving a Kendall County

facility for an Agency recommendation.

95-143

Gordon Krautsack v. Bhogilal Patel,

Shbhash Patel, and Electronic

Interconnect, Inc. - The Board held this

citizen's land enforcement action against a

Cook County facility for a frivolous and

duplicitous determination.

95-144

Oscar M. Cohn v. Wesley United

Methodist Church - The Board held this

citizen's noise enforcement action against

a McLean County facility for a frivolous

and duplicitous determination.

95-145

Amoco Oil Company v. IEPA -

See Final

Actions.

95-146

Norbert Janisch and Sibi Kadalimatton v.

IEPA -

See Final Actions.

95-147

American River Transportation company

v. IEPA - The Board held this land

variance petition involving a Grundy

County facility for an Agency

recommendation.

95-148

Glenbard Wastewater Authority v. IEPA -

See Final Actions.

95-149

Pittsburgh Tube Company v. IEPA -

See

Final Actions.

AC 95-33

IEPA v. John Sexton Sand and Gravel

Corp. - The Board received an

administrative citation against a Cook

County facility.

AS 95-5

In the Matter of: Petition of Illinois

Department of Transportation, District 8"

for an Adjusted Standard From 35 Ill.

Adm. Code

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25

304.124 (Sludge Application) - The Board

held this petition for an adjusted standard

from certain of the water pollution control

regulations governing the land application

of sewage sludge pending receipt of proof

of publication.

R95-9

In the Matter of: Amendments to 35 Ill.

Adm. Code 810.103 (Solid Waste

Disposal General Provision) Concerning

On-Farm Disposal of Dead Animals -

See

Rulemaking Update.

FINAL ACTIONS

FINAL ACTIONS - May 25, 1995 BOARD MEETING

- May 25, 1995 BOARD MEETING

94-289

Montgomery Ward & Co., Incorporated

v. IEPA - The Board granted voluntary

withdrawal of this underground storage

tank reimbursement determination appeal

involving a Cook County facility.

AC 95-7

Sangamon County v. Hart of Illinois, Inc.

- The Board granted voluntary dismissal

of this administrative citation involving a

Sangamon County facility.

NEW CASES

NEW CASES - May 25, 1995 BOARD MEET

- May 25, 1995 BOARD MEETING

ING

AC 95-34

IEPA v. Envirofil of Illinois, Inc. - The

Board received an administrative citation

against a McDonough County facility.

AC 95-35

IEPA v. Greenspace Recycling, Inc. and

the Rock Island Bank as Trustee of Land

Trust No. 2113 - The Board received an

administrative citation against a Rock

Island County facility.

FINAL ACTIONS

FINAL ACTIONS - June 1, 1995 BOARD MEETING

- June 1, 1995 BOARD MEETING

94-201

People of the State of Illinois v. Becker

Bros, Inc. and G. Raymond Becker, Jr. -

The Board accepted a stipulation and

settlement agreement in this air

enforcement action against a Peoria

County facility, ordered the respondent to

pay a civil penalty of $15,000.00, and

ordered it to cease and desist from further

violation. Board Member J. Theodore

Meyer concurred.

94-312

Spraylat Corporation v. IEPA - The

Board accepted a settlement agreement,

ordered the Agency to issue funding in the

amount of $56,870.00, and granted the

petitioner's motion to dismiss this

underground storage tank fund

reimbursement determination appeal

involving Cook County facility, denying

leave to refile the petition for review upon

a failure to fulfill the conditions of the

settlement agreement.

95-39

W.R. Grace & Co. - Conn, Grace

Construction Products v. IEPA - The

Board granted the voluntary withdrawal of

this air variance involving a Cook County

facility.

95-139

People of the State of Illinois v. MBL

(USA) Corporation - The Board accepted

a stipulation and settlement agreement in

this air enforcement action against a

LaSalle County facility, ordered the

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respondent to pay a civil penalty of

$15,000.00, and ordered it to cease and

desist from further violation. Board

Member J. Theodore Meyer concurred.

95-159

Grace Construction Products v. IEPA -

Upon receipt of an Agency

recommendation, the Board granted this

Cook County facility a 45-day provisional

variance, subject to conditions, from

certain of the volatile organic material

emissions requirements of the air pollution

regulations applicable to miscellaneous

formulation manufacturing processes in

the Chicago metropolitan area due to a

fire that destroyed its air pollution control

equipment.

95-160

United States Tobacco Manufacturing

Company - Upon receipt of an Agency

recommendation, the Board granted this

Cook County facility a 31-day extension

of the previous provisional variance

granted in PCB 95-141, subject to

conditions, from certain of the volatile

organic material emissions requirements

of the air pollution regulations applicable

to other emissions units in the Chicago

metropolitan area.

AC 94-37

County of Ogle v. City of Rochelle and

Rochelle Disposal Service, Inc. - The

Board dismissed the administrative

citation as to the City, accepted a

settlement agreement seeking voluntary

withdrawal of the petition for review as to

Rochelle Disposal Service, and entered a

default order, finding that Rochelle

Disposal Service had violated Sections

21(0)(5) and 21(0)(12) of the Act at its

Ogle County facility and ordering it to pay

a civil penalty of $1,000.00. Board

Member J. Theodore Meyer concurred.

AC 94-76

Sangamon County v. SLC of Springfield,

Inc. - The Board vacated its April 20,

1995 and entered a default order, finding

that the Sangamon County respondent had

violated Section 21(p)(1) of the Act and

ordering it to pay a civil penalty of

$500.00.

AC 94-94

IEPA v. Wayne D. Alberts and Sharon J.

Alberts - The granted voluntary

withdrawal of the petition for review and

entered a default 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 95-27

IEPA v. Browning-Ferris Industries of

Illinois, Inc. - The Board entered a default

order, finding that the Fulton County

respondent had violated Section 21(o)(5)

of the Act and ordering it to pay a civil

penalty of $500.00.

AC 95-30

IEPA v. Knox County Landfill

Committee - The Board entered a default

order, finding that the Knox County

respondent had violated Section 21(o)(5)

of the Act and ordering it to pay a civil

penalty of $500.00.

R95-4

In the Matter of: UIC Update, USEPA

Regulations (July 1, 1994 through

December 31, 1994 -

See Rulemaking

Update.

(Consolidated with R95-6.)

R95-6

In the Matter of: RCRA Update, USEPA

Regulations (July 1, 1994 through

December 31, 1994 -

See Rulemaking

Update.

(Consolidated with R95-4.)

NEW CASES

NEW CASES - June 1, 1995 BOARD MEET

- June 1, 1995 BOARD MEETING

ING

95-143

Gordon Krautsack v. Bhogilal Patel,

Subhash Patel, and Electronic

Interconnect, Inc. - The Board held this

citizen's land enforcement action against

Cook County respondents for a frivolous

and duplicitous determination.

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95-144

Oscar M. Cohn v. Wesley United

Methodist Church - The Board found that

this citizen's land enforcement action

against a Cook County facility was neither

frivolous nor duplicitous, denied the

involuntary dismissal, and directed this

matter to hearing.

95-150

Marathon Oil Company v. IEPA - The

Board accepted this petition filed on

behalf of a Crawford County facility for a

variance from certain of the carbon

monoxide emissions requirements of the

air pollution control regulations for

hearing.

95-151

The Kelly-Springfield Tire Company v.

IEPA - The Board accepted this

underground storage tank fund

reimbursement determination appeal

involving a Stephenson County facility for

hearing.

95-152

City of Lockport v. IEPA - The Board

held this petition filed on behalf of a Will

County facility for an extension of the

variance granted February 28, 1991 in

PCB 90-122 from the restricted status

requirements of the public water supply

regulations as they relate to radium and

gross alpha activity for an Agency

recommendation.

95-153

Gwen Fiss v. IEPA - Having received a

request, pursuant to Section 40(c) of the

Act, for a 90-day extension of time to file

an underground storage tank fund

reimbursement determination appeal on

behalf of this Winnebago County facility,

the Board reserved this docket for any

appeal that may be filed on or before

August 28, 1995.

95-154

Central Illinois Public Service Company

v. IEPA - Having received a request,

pursuant to Section 40(c) of the Act, for a

90-day extension of time to file a land

permit appeal on behalf of this Jasper

County facility, the Board reserved this

docket for any appeal that may be filed on

or before August 25, 1995.

95-155

General Business Forms, Inc. v. IEPA -

The Board accepted this petition filed on

behalf of a Cook County facility for a

variance from certain of the volatile

organic material emissions requirements

of the air pollution control regulations

applicable to lithographic printers located

in the Chicago metropolitan area for

hearing.

95-156

Harris Marcus Group, Inc. v. IEPA - The

Board accepted this petition filed on

behalf of a Cook County facility for a

variance from certain of the volatile

organic material emissions requirements

of the air pollution control regulations

applicable to coating operations located in

the Chicago metropolitan area for

hearing.

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95-157

Riverside Laboratories, Inc. v. IEPA -

The Board accepted this petition filed on

behalf of a Kane County facility for a

variance from certain of the volatile

organic material emissions requirements

of the air pollution control regulations

applicable to coating operations located in

the Chicago metropolitan area for

hearing.

95-158

People of the State of Illinois v. City of

Herrin - The Board accepted this land

enforcement action against a Williamson

County facility for hearing.

95-159

Grace Construction Products v. IEPA -

See Final Actions.

95-160

United States Tobacco Manufacturing

Company -

See Final Actions.

95-161

S & C Electric Company v. IEPA - The

Board accepted this petition filed on

behalf of a Cook County facility for a

variance from certain of the volatile

organic material emissions requirements

of the air pollution control regulations

applicable to coating operations located in

the Chicago metropolitan area for

hearing.AS 95-5In the Matter of: Petition

of Illinois Department of Transportation,

District 8 for an Adjusted Standard From

35 Ill. Adm. Code 304.124 (Sludge

Application) - The Board acknowledged

receipt of this petition for an adjusted

standard from certain of the water

pollution control regulations pertaining to

land application of sewage sludge and

held it pending receipt of proof of

publication.

AS 95-6

In the Matter of: Petition of National

Metalwares, Inc. for an Adjusted

Standard From 35 Ill. Adm. Code

218.204(g) - The Board acknowledged

receipt of this petition for an adjusted

standard from certain of the air pollution

control regulations pertaining to emissions

of volatile organic material from coating

operations and held it pending receipt of

proof of publication.

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NEW CASES

NEW CASES - June 8, 1995 SPECIAL BOARD MEET

- June 8, 1995 SPECIAL BOARD MEETING

ING

95-162

Illinois Landfill, Inc. v. IEPA - The

Board held this petition for an extension

of the twelve-month variance from the

deadline for filing its application for

significant modification under the land

pollution control (landfill) regulations

granted this Vermilion County landfill

under docket PCB 94-200 on December

1, 1994 for an Agency recommendation.

95-163

People of the State of Illinois v. Clark

Refining & Marketing, Inc. - The Board

accepted this air, water, and RCRA

enforcement action against a Madison

facility for hearing.

95-164

General Motors Landfill v. IEPA -

Having received a request for a 90-day

extension of time to file, the Board

reserved this docket for any land permit

appeal that may be filed on or before

September 5, 1995 on behalf of this

Vermilion County facility.

95-165

Richard Buri v. Batavia Concrete, Inc. -

The Board held this citizen's RCRA,

public water supply, and underground

storage tank enforcement action against a

Kane County facility for a frivolous and

duplicitous determination.

95-166

Henri Studio, Inc. v. IEPA - Having

received a request for a 90-day extension

of time to file, the Board reserved this

docket for any air operating permit appeal

that may be filed on or before September

7, 1995 on behalf of this Lake County

facility.

95-167

Palos Kar Wash Professionals, Inc. v.

IEPA - Having received a request for a

90-day extension of time to file, the Board

reserved this docket for any underground

storage tank fund reimbursement

determination appeal that may be filed on

or before September 10, 1995 on behalf

of this Cook County facility.

AC 95-36

County of LaSalle v. Dave Hertzner -

The Board received an administrative

citation filed against a LaSalle County

respondent.

AC 95-37

IEPA v. O'Hara Construction, Inc.,

Kenneth O'Hara, and Madalyn O'Hara -

The Board received an administrative

citation filed against a Cass County

respondent.

AC 95-38

County of Will v. CDT Landfill - The

Board received an administrative citation

filed against a Will County respondent.

AC 95-39

County of Vermilion v. Illinois Landfill,

Inc. - The Board received an

administrative citation filed against a

Vermilion County respondent.

AS 95-7

In the Matter of: Petition of Western

Lion Limited for an Adjusted Standard

from 35 Ill. Adm. Code 814.Subpart C -

The Board acknowledged receipt of a

petition for an adjusted standard from

certain of the regulations applicable to

chemical and putrescible waste landfills in

existence on September 18, 1990 that will

remain open past September 18, 1997,

and held this matter pending receipt of

proof of publication.

FINAL ACTIONS

FINAL ACTIONS - June 15, 1995 BOARD MEETING

- June 15, 1995 BOARD MEETING

89-44

Kathy Western and Jeffrey Western v.

Moline Corporation - On its own motion,

after having dismissed PCB 89-87, the

Board dismissed this noise enforcement

action against a Kane County facility,

noting that the complainants may file a

motion for reconsideration should

additional facts distinguish this action

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495

from PCB 89-87. (Consolidated with

PCB 89-87.)

89-87

IEPA v. Moline Corporation - The Board

granted voluntary dismissal of this air

enforcement action against a Kane County

facility. (Consolidated with PCB 89-44.)

93-192

Decatur Auto Action v. Macon County

Farm Bureau, Inc., Macon County Fair

Association, and Macon County

Horsemen's Association - In this citizens

air enforcement action against a Macon

County facility, the Board found that the

respondents had violated Section 9(a) of

the Act, both by emitting dust so as to

cause a nuisance and by visible dust

emissions in violation of the air

regulations, and ordered them to cease

and desist from further violations. Board

Member Emmett Dunham concurred.

Board Members G. Tanner Girard and J.

Theodore Meyer dissented.

94-120

Safety-Kleen Corporation (Pekin Service

Center, Supplemental Generics) v. IEPA -

The Board granted voluntary withdrawal

of this RCRA permit appeal involving a

Tazewell County facility.

94-121

Safety-Kleen Corporation (Pekin Service

Center, Supplemental Generics) v. IEPA -

The Board granted voluntary withdrawal

of this RCRA permit appeal involving a

Tazewell County facility.

94-125

People of the State of Illinois v. Beloit

Corporation and All States Asbestos

Professionals - The Board accepted a

stipulation and settlement agreement in

this air enforcement action against Beloit

Corporation, a Winnebago County

facility, ordered the respondent to pay a

civil penalty of $3,000.00, and ordered it

to cease and desist from further violation.

The Board dismissed the complaint

against All States Asbestos without

prejudice because the State was unable to

locate that respondent.

94-150

Angela M. White v. Terry & Billie Van

Tine & Schneider Transport, Inc. - The

Board granted voluntary dismissal of this

citizens air and noise enforcement action

against a Piatt County facility.

94-272

People of the State of Illinois v. Allied

Metal Company - The Board granted

voluntary dismissal of this EPCRA

enforcement action against a Cook County

facility.

95-52

Safety-Kleen Corporation (Dolton Illinois

Recycle Center) v. IEPA - The Board

granted voluntary withdrawal of this

petition filed on behalf of a Cook County

facility for a variance from certain of the

volatile organic material emissions

requirements from other units of the air

pollution control regulations.

95-77

Keith Tiberend v. Waste Management of

Illinois, Inc., and Village of Marissa -

The Board granted voluntary withdrawal

of this third party landfill siting appeal

involving a St. Clair County facility.

95-171

Sibi Kadalimattom v. IEPA - Upon

receipt of an Agency recommendation,

the Board granted this DuPage County

gasoline dispensing facility a 25-day

extension of the previous provisional

variances granted in PCB 94-263, PCB

95-131, and PCB 95-146 from the air

pollution control regulations that require

the installation and operation of Stage II

vapor recovery equipment.

AC 95-16

IEPA v. John Sharp, d/b/a John's Auto

Salvage - The Board entered a default

order, finding that the Montgomery

County respondent had violated Section

21(p)(1) of the Act and ordering it to pay

a civil penalty of $500.00.

AC 95-31

IEPA v. Lake County Grading of Liberty-

ville, Inc. - The Board entered a default

order, finding that the Lake County

respondent had violated Section 21(o)(5)

of the Act and ordering it to pay a civil

penalty of $500.00.

AC 95-32

Williamson County v. Karen Addison -

The Board entered a default order, finding

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31

that the Williamson County respondent

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

and ordering it to pay a civil penalty of

$500.00.

R94-23

In the Matter of: Safe Drinking Water

Act Update, Lead and Copper Rules

Corrections (January 1, 1994 through

June 30, 1994 -

See Rulemaking Update.

(Consolidated with R95-3.)

R95-3

In the Matter of: Safe Drinking Water

Act Update, Phase II, IIB & V

Corrections & Analytical Methods

Amendments (July 1, 1994 through

December 31, 1994 -

See Rulemaking

Update.

(Consolidated with R94-23.)

R95-4

In the Matter of: UIC Update, USEPA

Regulations (July 1, 1994 through

December 31, 1994 -

See Rulemaking

Update.

(Consolidated with R95-6.)

R95-6

In the Matter of: RCRA Update, USEPA

Regulations (July 1, 1994 through

December 31, 1994 -

See Rulemaking

Update.

(Consolidated with R95-4.)

NEW CASES

NEW CASES - June 15, 1995 BOARD MEET

- June 15, 1995 BOARD MEETING

ING

95-137

Community Landfill Corporation v. IEPA

- Having received a timely filed request

for hearing on this petition for a 12-month

variance from certain of the regulations

applicable to nonhazardous waste landfills

in existence on September 18, 1990

requiring the filing of an application for

significant modification by September 18,

1994, the Board accepted this matter for

hearing.

95-143

Gordon Krautsack v. Bhogilal Patel,

Subhash Patel, and Electronic

Interconnect, Inc. - The Board found that

this citizen's land enforcement action

against a Cook County facility was neither

duplicitous nor frivolous, denied the

respondents motion to dismiss, and

accepted it for hearing.

95-168

Brunetto Brothers Mobil v. IEPA - The

Board accepted this underground storage

tank fund determination appeal involving

a Macoupin County facility for hearing.

95-169

Glen Ellyn Storage Corporation v. IEPA -

Having received a request for a 90-day

extension of time to file, the Board

reserved this docket for any underground

storage tank fund determination appeal

that may be filed on behalf of this DuPage

County facility on or before September

11, 1995.

95-170

People of the State of Illinois v.

Environmental Control and Abatement,

Inc. - The Board accepted this air

enforcement action against Madison,

Champaign, Adams, and Marion County

facilities for hearing.

95-171

Sibi Kadalimattom v. IEPA -

See Final

Actions.

AC 95-40

County of Will v. Tim Van Baren, d/b/a

Plum Valley Nursery - The Board

received an administrative citation filed

against a Will County respondent.

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AC 95-41

County of Will v. Carl Smits - The Board

received an administrative citation filed

against a Will County respondent.

AC 95-42

County of Will v. Edward and Doris Van

Drunen - The Board received an

administrative citation filed against a Will

County respondent.

AC 95-43

Montgomery County v. Clifford D. Cris-

pens, Jacqueline R Crispens and Line

Pilot Bungee, Inc. - The Board received

an administrative citation filed against a

Montgomery County respondent.

AC 95-44

IEPA v., Allied Waste Industries of

Illinois, Inc. d/b/a Streator Area Landfill,

Inc. - The Board received an

administrative citation filed against a

Livingston County respondent.

AS 95-6

In the Matter of: Petition of National

Metalwares, Inc. for an Adjusted

Standard From 35 Ill. Adm. Code

218.204(g) - The Board acknowledged

receipt of a petition for an adjusted

standard from certain of the volatile

organic material emissions requirements

of the air pollution control regulations

applicable to coating operations in the

Chicago metropolitan area and held it

pending receipt of proof of publication.

R95-15

In the Matter of: Petition of Marathon Oil

Company for a Site-Specific Rule -

Rulemaking Update.

R95-16

In the Matter of: Exemptions From

Definitions of VOM, USEPA

Amendments (January 1, 1995 through

June 30, 1995) -

See Rulemaking Update.

R95-17

In the Matter of: SDWA Update, USEPA

Regulations (January 1, 1995 through

June 30, 1995 Phase V Rules -

See

Rulemaking Update.

R95-18

In the Matter of: UIC Update,USEPA

Amendments (January 1, 1995 through

June 30, 1995) -

See Rulemaking Update.

R95-19

In the Matter of: RCRA Subtitle D,

USEPA Regulations (January 1, 1995

through June 30, 1995) -

See Rulemaking

Update.

R95-20

In the Matter of: RCRA Subtitle C,

USEPA Regulations (January 1, 1995

through June

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30, 1995) -

See Rulemaking Update.

R95-21

In the Matter of: UST Update, USEPA

Regulations (January 1, 1995 through

June 30, 1995) -

See Rulemaking Update.

R95-22

In the Matter of: Wastewater

Pretreatment Update, USEPA Regulations

(January 1, 1995 through June 30, 1995) -

See Rulemaking Update.

FINAL ACTIONS

FINAL ACTIONS - June 22, 1995 SPECIAL BOARD MEETING

- June 22, 1995 SPECIAL BOARD MEETING

93-172

Inspiration Development Company v.

IEPA - The Board granted voluntary

withdrawal of this land permit appeal

involving a JoDaviess County facility.

95-177

Acme Packaging Corporation v. IEPA -

Upon receipt of an Agency

recommendation, the Board granted this

Cook County facility a 45-day provisional

variance from volatile organic material

emissions requirements applicable to

coating operations in the Chicago

metropolitan area of the air pollution

regulations, subject to conditions.

95-178

Dreisilker v. IEPA - Upon receipt of an

Agency recommendation, the Board

granted this DuPage County facility a 30-

day provisional variance from the 90-day

limitation on the accumulation of

hazardous wastes.

AS 95-5

In the Matter of: Petition of Illinois

Department of Transportation, District 8

for an Adjusted Standard From 35 Ill.

Adm. Code 304.124 (Sludge Application)

- The Board granted voluntary withdrawal

of this petition filed on behalf of a

Madison County facility for an adjusted

standard from certain of the water

pollution control regulations relating to

land application of sewage sludge.

NEW CASES

NEW CASES - June 22, 1995 SPECIAL BOARD MEET

- June 22, 1995 SPECIAL BOARD MEETING

ING

95-100

C&S Recycling, Inc. v. IEPA - The

Board denied involuntary dismissal of a

portion of this petition and requested an

amended petition clarifying whether this is

a land permit appeal or a petition for a

variance from certain of the nonhazardous

waste landfill regulations filed on behalf

of a Cook County waste transfer facility.

95-172

Compost Enterprises, Inc. v. IEPA -

Having received a request for a 90-day

extension of time to file, the Board

reserved this docket for any land permit

appeal that may be filed on behalf of this

McHenry County facility on or before

September 18, 1995.

95-173

Chicago-Dubuque Foundry Corporation

v. City of East Dubuque - The Board held

this citizen's underground storage tank

enforcement action against a JoDaviess

County facility for a frivolous and

duplicitous determination.

95-174

Sierra Club, Madison County

Conservation Alliance, Jim Bensman v.

City of Wood River, Wood River

Partners, L.L.C. - The Board accepted

this third party appeal of the local siting

approval granted this proposed Madison

County pollution control facility for

hearing.

95-175

People of the State of Illinois v. Polymer

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/ June-July, 1995

Environmental Register No.

Environmental Register No. 495

495

Color, Inc. - The Board accepted this air

enforcement action filed against a

McHenry County facility for hearing.

95-176

People of the State of Illinois v. Pro-Pak

Industries, Inc. - The Board accepted this

air enforcement action filed against a

DuPage County facility for hearing.

95-177

Acme Packaging Corporation v. IEPA -

See Final Actions.

95-178

Dreisilker v. IEPA -

See Final Actions.

95-179

Village of Elburn v. IEPA - The Board

held this petition filed on behalf of a Kane

County facility for a variance from the

restricted status requirements of the public

water supply regulations as they apply to

radium for an Agency recommendation.

AC 95-45

County of Will v. RWS Development

Corporation - The Board received an

administrative citation filed against a Will

County respondent.

AC 95-46

County of Will v. William Mintz - The

Board received an administrative citation

filed against a Will County respondent.

AC 95-47

IEPA v., Allied Waste Industries of

Illinois,

Inc. d/b/a Streator Area Landfill, Inc. -

The Board received an administrative

citation filed against a Lee County

respondent.

AC 95-48

Sangamon County v. Town and Country

Bank Trust - The Board received an

administrative citation filed against a

Sangamon County respondent.

AC 95-49

County of Will v. CDT Landfill - The

Board received an administrative citation

filed against a Will County respondent.

AS 95-8

In the Matter of: Petition of Illinois

Department of Transportation, District 8

for an Adjusted Standard From 35 Ill.

Adm. Code 304.124 (Sludge Application)

- The Board acknowledged receipt of a

petition for an adjusted standard from

from certain of the water pollution control

regulations relating to land application of

sewage sludge and held this matter

pending receipt of proof of publication.

FINAL ACTIONS

FINAL ACTIONS - June 29, 1995 SPECIAL BOARD MEETING

- June 29, 1995 SPECIAL BOARD MEETING

95-183

Commonwealth Edison Company, Fisk,

Crawford, Will County and Joliet

Generating Stations v. IEPA - Upon

receipt of an Agency recommendation,

the Board granted four of the petitioner's

Cook and Will County facilities a 25-day

provisional variance from the effluent

temperature standards of the water

pollution control regulations and from the

Board's variance order in PCB 91-29,

subject to conditions, to allow them to

continue to operate during a period of

peak electrical demands and outages of

several of the petitioner's generating

units.

95-184

City of Georgetown v. IEPA - Upon

receipt of an Agency recommendation,

the Board granted this Vermilion County

facility a 45-day provisional variance

from the carbonaceous biochemical

oxygen demand (CBOD

5

) and total

suspended solids (TSS) effluent

requirements of the water pollution

control regulations, subject to conditions,

to allow continued operation during a

period of wastewater treatment plant

repairs.

95-185

Indian Refining Limited Partnership v.

IEPA - Upon receipt of an Agency

recommendation, the Board granted this

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Environmental Register No. 495

Environmental Register No. 495

June-July, 1995/Page

June-July, 1995/Page 35

35

Lawrence County facility a 45-day

provisional variance from certain

requirements of the air pollution

regulations prohibiting air pollution and

operation during breakdown or

malfunction and pertaining to sulfur

dioxide emissions from a mixed-fuel

source, subject to conditions, to allow

continued operation during a period of

petroleum refinery repairs.

95-186

A.E. Staley Manufacturing v. IEPA -

Upon receipt of an Agency

recommendation, the Board granted this

Macon County facility a 45-day

provisional variance from the

carbonaceous biochemical oxygen demand

(CBOD

5

) and total suspended solids (TSS)

effluent requirements of the water

pollution control regulations, subject to

conditions, to allow the use of a newly-

constructed cooling tower.

NEW CASES

NEW CASES - June 29, 1995 SPECIAL BOARD MEET

- June 29, 1995 SPECIAL BOARD MEETING

ING

95-162

Illinois Landfill, Inc. v. IEPA - Having

received a timely filed request for hearing

on this petition for an extension of the

twelve-month variance from the deadline

for filing an application for significant

modification under the land pollution

control (landfill) regulations that the

Board granted this Vermilion County

landfill under docket PCB 94-200 on

December 1, 1994, the Board accepted

this matter for hearing.

95-173

Chicago-Dubuque Foundry Corporation

v. City of East Dubuque - The Board held

this citizen's underground storage tank

enforcement action filed against a

JoDaviess County facility for a frivolous

and duplicitous determination.

95-180

People of the State of Illinois v. Archer

Daniels Midland Company - Upon receipt

of a proposed stipulation and settlement

agreement and an agreed motion for relief

from the hearing requirement in this air

enforcement filed action filed against a

Macon County facility, the Board ordered

publication of the required newspaper

notice.

95-181

People of the State of Illinois v. Kropp

Forge, a subsidiary of TIC United Corp. -

Upon receipt of a proposed stipulation and

settlement agreement and an agreed

motion for relief from the hearing

requirement in this air enforcement action

filed against a Cook County facility, the

Board ordered

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/ June-July, 1995

Environmental Register No.

Environmental Register No. 495

495

publication of the required newspaper

notice.

95-182

Carl and Edna Ball, d/b/a C & E

Recycling and Resource Recovery v.

IEPA - The Board accepted this land

permit appeal involving a Coles County

facility for hearing.

95-183

Commonwealth Edison Company, Fisk,

Crawford, Will County and Joliet

Generating States v. IEPA -

See Final

Actions.

95-184

City of Georgetown v. IEPA -

See Final

Actions.

95-185

Indian Refining Limited Partnership v.

IEPA -

See Final Actions.

95-186

A.E. Staley Manufacturing v. IEPA -

See

Final Actions.

95-187

Liquid Carbonic Industries Corporation v.

IEPA - Having received a request for a

90-day extension of time to file, the Board

reserved this docket for any underground

storage tank fund determination appeal

that may be filed on behalf of this Cook

County facility on or before September

25, 1995.

AC 95-35

IEPA v. The Rock Island Bank as Trustee

of Land Trust No. 2113 - The Board

accepted an appeal requesting a hearing in

this administrative citation filed against a

Rock Island County respondent.

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Environmental Register No. 495

Environmental Register No. 495

June-July, 1995/Page

June-July, 1995/Page 37

37

CALENDAR OF HEARINGS

CALENDAR OF HEARINGS

All hearings held by the Board are open to the public. Pollution Control Board Meetings (highlighted) are usually

open to the public but public participation is generally not allowed. Times and locations are subject to cancellation

and rescheduling without notice. Confirmation of hearing dates and times is available from the Clerk of the Board

at 312- 814-6931.

June 1

10:30 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Conference Room 9-040, Chicago

June 1

1:00 p.m.

AS 94-3

Air

In the Matter of: Joint Petition of Outboard Marine Corporation (OMC

Waukegan Facility) and the EPA for an Adjusted Standard from 35 Ill. Adm.

Code 218 - Lake County Courthouse, Conference Room C, 10th Floor, 18

North County Street, Waukegan.

June 1

10:00 a.m.

PCB 94-297

A-V

J.M. Sweeney Co. v. EPA - Lake Zurich Village Hall, 70 East Main Street,

Lake Zurich.

June 1

1:00 p.m.

PCB 94-370

A-V

The Dow Chemical Company (Dow Joliet Site) v. EPA - Illinois Pollution

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

June 6

11:00 a.m.

PCB 95-111

A-V

Thomas Brown (Tom's Corner Facility) v. EPA - Waukegan Public Library,

Auditorium, 128 North County Street, Waukegan.

June 8

10:30 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Suite 11-500, Chicago

June 7

10:00 a.m.

R 95-11

R, Land

In the Matter of: Special Waste Hauling Vehicle Numbers: 35 Ill. Adm.

Code 809.401 - James R. Thompson Center, Suite 11-500, 100 West

Randolph Street, Chicago.

June 9

10:00 a.m.

PCB 92-60

UST-FRD

Kean Oil Company v. EPA - McHenry County Government Center, Room B-

164, 2200 North Seminary, Woodstock.

June 14

10:00 a.m.

AS 94-19

GW

In the Matter of: Petition of Hepworth U.S. Holdings, Inc. for an Adjusted

Standard from 35 Ill. Adm. Code 620.410 - LaSalle County Downtown

Courthouse, Ottawa.

June 14

1:30 p.m.

R 95-2

R, Air

In the Matter of: Exemptions from the Definition of VOM, U.S. EPA

Recommended Policy Amendments (July 1 through December 31, 1994) -

James R. Thompson Center, Suite 11-500, 100 West Randolph Street,

Chicago.

June 15

10:30 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Conference Room 9-040, Chicago

June 21

10:00 a.m.

R 95-11

R, Land

In the Matter of: Special Waste Hauling Vehicle Numbers: 35 Ill. Adm.

Code 809.401 - Illinois Pollution Control Board, 600 South Second Street,

Suite 402, Springfield.

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/ June-July, 1995

Environmental Register No.

Environmental Register No. 495

June 22

10:30 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Suite 11-500, Chicago

June 22

10:00 a.m.

PCB 95-97

A-V

Town & Country Gas & Food Mart, Inc. v. EPA - James R. Thompson

Center, Room 25, 100 West Randolph Street, Chicago.

June 26

10:00 a.m.

AS 94-4

Air

In the Matter of: Petition of Chase Products Company and the EPA for and

Adjusted Standard from 35 Ill. Adm. Code 218,Subpart DD - James R.

Thompson Center, Suite 11-500, 100 West Randolph Street, Chicago.

June 28

10:00 a.m.

R 94-34

R, Land

In the Matter of: Landfills, Waste Treatement and Transfer Facilities Located

within the 100-Year Floodplains - Illinois Department of Transportation, 1100

EastPort Plaza Dr., IDOT Classroom, Collinsville.

June 29

10:30 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Suite 11-500, Chicago

June 29

10:30 a.m.

AS 91-8

Air

In the Matter of: Petition of Reynolds Metals Company and the EPA for an

Adjusted Standard from 35 Ill. Adm. Code 218.980 - James R. Thompson

Center, Suite 11-500, 100 West Randolph Street, Chicago.

June 30

9:30 a.m.

R 95-14

R, Water

In the Matter of: Petition of the Metroplitan Water Reclamation District of

Greater Chicago for Site-Specific Water Quality Regulation: 35 Ill. Adm.

Code 302 through 304 - Metropolitan Water Reclamation District of Chicago,

100 East Erie Street, Board Room, Chicago.

July 7

10:30 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Conference Room 9-031, Chicago

July 18

10:30 a.m.

AS 91-8

Air

In the Matter of: Petition of Reynolds Metals Company and EPA for an

Adjusted Standard from 35 Ill. Adm. Code 218.980 - James R. Thompson

Center, Suite 11-500, 100 West Randolph Street, Chicago.

July 19

10:00 a.m.

AC 95-6

AC

EPA v. A-Reliable Auto Parts & Wreckers, Inc. a/k/a Scrap Processors (Blue

Island/Scrap Processors) - James R. Thompson Center, Suite 11-500, 100

West Randolph Street, Chicago.

July 20

10:30 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Conference Room 9-040, Chicago

July 26

1:00 p.m.

AC 95-11

AC

EPA v. Gordon McCann and Larson Foundation (Lincoln/McCann-Larson) -

Illinois Pollution Control Board, Suite 402, 600 South Second Street,

Springfield.

July 26

10:00 a.m.

PCB 95-137

L-V

Community Landfill Corporation v. EPA - Grundy County Administrative

Center, Boardroom, 1320 Union Steet, Morris.

July 2

10:00 a.m.

AS 94-4

Air

In the Matter of: Petition of Chase Products Company and the EPA for and

Adjusted Standard from 35 Ill. Adm. Code 218,Subpart DD - James R.

Thompson Center, Suite 11-500, 100 West Randolph Street, Chicago.

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Environmental Register No. 495

June-July, 1995/Page

June-July, 1995/Page 39

August 3

10:30 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Conference Room 9-040, Chicago

August 11

10:00 a.m.

PCB 94-244

W-E,

Citizens

Rodney B. Nelson, M.D. v. Kane County Forest Preserve, Jack E. Cook,

Chairman, Kane County Board, Warren Kammerer, Chairman - Kane County

Government Center, Building A, Auditorium, 719 South Batavia Avenue,

Geneva.

August 11

10:00 a.m.

PCB 95-116

UST-FRD

Kelley-Williamson Company v. EPA - Boone County Courthouse, Courtroom

B, 601 North Main Street, Belvidere.

August 14

11:00 a.m.

PCB 93-191

UST-E

People of the State of Illinois v. Lloyd Weimann d/b/a Weimann Ice & Fuel -

Madison County Courthouse, Room 203, 155 North Main Street,

Edwardsville.

August 17

10:00 a.m.

PCB 95-174

L-S-R, 3d P

Sierra Club, Madison County Conservation Alliance, Jim Bensman v. City of

Wood River, Wood River Partners, L.L.C - Madison County Government

Center, Room 203, 157 North Main Street, Edwardsville.

August 18

11:00 a.m.

PCB 95-99

A-V

DRG Medical Packaging, Inc. v. EPA - Libertyville Village Hall, Board

Room, 118 West Cook, Libertyville.

August 23

10:30 a.m.

AS 91-13

Water

In the Matter of: Petition of 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.

August 24

10:30 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Conference Room 9-040, Chicago

August 30

10:00 a.m.

AC 95-4

AC

Montgomery County v. Envotech, Illinois, Inc. (Litchfield/Hillsboro Landfill)

- Montgomery County Courthouse, Courtroom 1, 120 North Main Street,

Hillsboro.

September 6

10:00 a.m.

PCB 94-238

UST-FRD

Ragulo Gonzalez (Sundance Filling Station) v. OSFM - James R. Thompson

Center, Suite 11-500, 100 West Randolph Street, Chicago.

September 7

10:30 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Conference Room 9-040, Chicago

September 12

9:00 a.m.

PCB 94-157

UST-FRD

Community Trust Bank (Wilson's Service Center) v. EPA - Centralia City

Hall, Council Chambers, 222 South Poplar, Centralia.

September 12

10:00 a.m.

PCB 94-369

L-E

People of the State of Illinois v. Landfill 33 Ltd. - Effingham County Office

Building, Third Floor, 101 North Fourth Street, Effingham.

September

10:30 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Conference Room 9-040, Chicago

October 5

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Conference Room 9-040, Chicago

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/ June-July, 1995

Environmental Register No.

Environmental Register No. 495

October 19

10:30 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

November 2

10:30 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

November

10:30 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

December 7

10:30 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

December 21

10:30 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

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

HW DelistRCRA Hazardous Waste Delisting

L-E

Land Enforcement

L-S-RLandfill Siting Review

L-V

Land Variance

MWMedical Waste (Biological Materials)

N-E

Noise Enforcement

N-VNoise Variance

P-A

Permit Appeal

PWS-EPublic Water Supply Enforcement

PWS-V

Public Water Supply Variance

RRegulatory Proceeding proceeding (hazardous waste

only)

RCRA

Resource Conservation and Recovery

Act

S0

2

S0

2

Alternative Standards (35 ILL. ADM. CODE

302.211(f)))

SWH-E

Special Waste Hauling Enforcement

SWH-VSpecial Waste Hauling Variance

T

Thermal Demonstration Rule

T-CTax Certifications

T-S

Trade Secrets

UST-AppealUnderground Storage Tank Corrective

Action Appeal

UST-E

Underground Storage Tank

Enforcement

UST-FRDUnderground Storage Tank Fund Reim-

bursement Determination

W-E

Water Enforcement

W-VWater Variance

WWS

Water-Well Setback Exception

LISTS OF BOARD ADJUSTED STANDARD AND COMBINED SEWER OVERFLOW EXCEPTION

FINAL DETERMINATIONS FOR FY95

Section 28.1(d)(3) of the Environmental Protection Act (Act) [415 ILCS 5/28.1(d)(3)] requires the Pollution

Control Board (Board) to annually publish a list of adjusted standards granted pursuant to Section 28.1 in the

Environmental Register

. The following list indicates the adjusted standards granted by the Board during fiscal

year 1995.

Direct all inquiries on these proceedings to Michael J. McCambridge, at 312-814-6924. Request copies of any of

the Board's opinion and order in any of these proceedings from Victoria Agyeman, at 312-814-3620.

Please

refer to the docket number

indicated for the particular proceeding.

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Environmental Register No. 495

June-July, 1995/Page

June-July, 1995/Page 41

41

Final Actions Taken by the Pollution Control Board

in Adjusted Standards Proceedings

during Fiscal Year 1995

(between July 1, 1994 and June 30, 1995)

Docket/Docket Title

Final Determination

AS 92-13: In the Matter of: Petition of

Alumax Inc. for an Adjusted Standard

from 35 Ill. Adm. Code 218

On September 1, 1994, he Board granted this Grundy County

facility an adjusted standard from Section 218.986 of the air

pollution control regulations pertaining to emissions of

volatile organic material from "other emission units".

AS 93-8: In the Matter of: Petition of

Akzo Chemicals, Inc. for an Adjusted

Standard from 35 Ill. Adm. Code

304.105 and 302.208

On September 1, 1994, the Board granted this Grundy

County facility an adjusted standard from the Section 304.105

and 302.208 general use water quality standards for boron,

chloride, sulfate, and total dissolved solids.

AS 94-1: In the Matter of: Petition of

Illinois Wood Energy Partners, L.P. for

an Adjusted Standard From 35 Ill. Adm.

Code 807 or, in the Alternative, a

Finding of Inapplicability

On December 1, 1994, the Board found that this proposed

Cook County facility would be a solid waste management

facility, as defined by the Act and Board regulations; as a

result of Wood Energy not filing an amended petition as

ordered, the Board dismissed this petition for an adjusted

standard from certain of the land pollution control (landfill)

permit regulations.

AS 94-9: In the Matter of: Petition of

the City of Springfield, Office of Public

Utilities for an Adjusted Standard From

35 Ill. Adm. Code 302.208(e)

On December 1, 1994, the Board granted this Sangamon

County respondent an adjusted standard from the Section

302.208(e) wastewater effluent boron requirements of the

water pollution control regulations.

AS 94-10: In the Matter of: Petition of

Envirite Corporation For an Adjusted

Standard From 35 Ill. Adm. Code 721,

Subpart D: List of Hazardous

Substances, Appendix I

On December 14, 1994, the Board granted this Cook County

facility an adjusted standard delisting hazardous wastes. On

February 16, 1995, the Board granted vacated and reissued

its December 14, 1994 order granting an adjusted standard

delisting up to 200,000 tons of treated residues from

hazardous waste numbers F006 through F009, F011, F012,

F019, K002 through K008, and K062.

AS 94-11: 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)

On December 1, 1994, the Board granted this Winnebago

County facility an adjusted standard from Sections 811.710(c)

and 811.713(c)(1) of the land pollution control (landfill)

financial assurance requirements to allow a form of trust and

letter of credit accepted by U.S. EPA.

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)

On April 6, 1995, the Board granted a number of facilities

located throughout Illinois an adjusted standard from Sections

807.665(b) and 811.714(b) of the financial assurance

requirements of the land pollution control (landfill)

regulations, which require that an insurer providing financial

assurance be licensed to transact insurance in Illinois.

AS 94-13: In the Matter of: Petition of

On December 14, 1994, the Board denied the request for an

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/ June-July, 1995

Environmental Register No.

Environmental Register No. 495

495

Browning-Ferris Industries of Illinois,

Inc.; Browning-Ferris Industries of

Iowa, Inc.; and, BFI Modern Landfill,

Inc. for an Adjusted Standard From 35

Ill. Adm. Code Section 811.714(b)

adjusted standard for five facilities located in Lake, Ogle,

Rock Island, St. Clair, and DuPage Counties from Sections

807.665(b) and 811.714(b) of the financial assurance

requirements of the land pollution control (landfill)

regulations, which require that an insurer providing financial

assurance be licensed to transact insurance in Illinois.

AS 94-14: In the Matter of: Petition of

the City of Wood River For Adjusted

Standard From Treatment of Overflows

and Bypass Regulations 35 Ill. Adm.

Code 306.305(a)

On November 3, 1994, the Board granted voluntary dismissal

of this petition for an adjusted standard from the first flush

treatment requirements and combined sewer overflow

provisions of Section 306.305(a) and (b) of the water

pollution control regulations, since the Madison County

petitioner had not complied with the notice publication

requirements.

AS 94-16: In the Matter of: : Petition

of the City of Wood River for an

Adjusted Standard From Treatment of

Overflows and Bypass Regulations 35

Ill. Adm. Code 306.305(a) and (b)

On April 6, 1995, the Board granted this Madison County

facility an adjusted standard from the first flush treatment

requirements of the combined sewer overflow provisions of

Section 306.305(a) and (b) of the water pollution control

regulations.

AS 94-17: In the Matter of: : The Joint

Petition of the City of Metropolis and

the EPA for an Adjusted Standard From

Suspended Solids, BOD

5

and Ammonia

Nitrogen Regulations at 35 Ill. Adm.

Code Part 304

On January 11, 1995, the Board dismissed this petition for an

adjusted standard from the Part 304 suspended solids and

ammonia nitrogen effluent standards of the water pollution

control regulations, since the Massac County petitioner had

not complied with the notice publication requirements.

AS 95-2: In the Matter of: The Joint

Petition of the IEPA and the City of

Metropolis for an Adjusted Standard

From 35 Ill. Adm. Code Part 304 for

Suspended Solids, 5-Day Biological

Oxygen Demand (BOD

5

), and Ammonia

Nitrogen

On March 16, 1995, the Board dismissed this petition for an

adjusted standard from the Part 304 suspended solids,

biochemical oxygen demand, and ammonia nitrogen effluent

standards of the water pollution control regulations, since the

Massac County petitioner had not complied with the notice

publication requirements.

AS 95-5: In the Matter of: Petition of

Illinois Department of Transportation,

District 8 for an Adjusted Standard

From 35 Ill. Adm. Code 304.124

(Sludge Application)

On June 22, 1995, the Board granted voluntary withdrawal of

this petition filed on behalf of a Madison County facility for

an adjusted standard from the Section 304.124 requirements

of the water pollution control regulations relating to land

application of sewage sludge.

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Environmental Register No. 495

June-July, 1995/Page

June-July, 1995/Page 43

43

Final Actions Taken by the Pollution Control Board

in Combined Sewer Overflow Proceedings

during Fiscal Year 1995

(between July 1, 1994 and June 30, 1995)

PCB 86-2: Petition of the City of

LaSalle for Exception to the Combined

Sewer Overflow Regulations

On November 3, 1994, the Board granted this LaSalle

County petitioner an extension of a temporary exception from

the prohibition against discharge of combined sewer

overflows until December 1, 1995.

PCB 86-4: Petition of the City of

Morris for Exception to the Combined

Sewer Overflow Regulations

On December 1, 1994, the Board granted this Grundy County

facility an exception from the requirements of full treatment

for first flush and primary treatment for ten times the average

dry weather flow combined sewer overflow provisions of the

water pollution control regulations.

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Page 44

44/ June-July, 1995

/ June-July, 1995

Environmental Register No.

Environmental Register No. 495

ENVIRONMENTAL REGISTER MAILING LIST

The Board is updating the mailing list for the Environmental Register. The Board desires to assure

that the names of those who desire to receive regular free copies of the

Register

will appear on the

mailing list. If you no longer wish to directly receive regular issues of the

Register

, please fill out

the address label below, indicating your wish, and return it to the Board as soon as possible. If you

do not presently receive the

Register

on a regular basis, please submit the indicated appropriate

mailing information below, indicating that you want your name added to the list.

Please return the completed form to:

Victoria Agyeman

Illinois Pollution Control Board

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

---------------------------------------------------------- CUT HERE -------------------------------------------------

-----------

Environmental Register

Mailing List

Name

_______________________________________________________-

________

Company/Firm Name

___________________________________________________

____________

Address

___________________________________________________

____________

City/State/Zip

___________________________________________________

____________

__________________

Yes

, I wish to receive regular free copies of the

Environmental

Register

.

__________________

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Environmental Register No. 495

Environmental Register No. 495

June-July, 1995/Page

June-July, 1995/Page 45

45

Illinois Environmental Protection Agency

Division of Public Water Supplies

Restricted Status List -- Public Water Supplies

The Restricted Status List was developed to give additional notification to officials of public water supplies which are in violation of 35 Ill. Adm. Code, Subtitle F: Public

Water Supplies, Chapter I or the Illinois Environmental Protection Act.

The Restricted Status List will include all Public Water Supplies for which the Agency has information indicating a violation of any of the following requirements: Finished

water quality requirements of 35 Ill. Adm. Code, Part 604, Subparts B and C; maintenance of adequate pressure on all parts of the distribution system under all conditions

of demand; meeting raw water quantity requirements of 35 Ill. Adm. Code 604.502; or maintenance of treatment facilities capable of providing water "assuredly adequate in

quantity" as required by Section 18 of the Illinois Environmental Protection Act.

A public water supply on the Restricted Status List will not be issued permits for water main extensions, except for certain limited situations, or unless the supply has been

granted a variance from the Illinois Pollution Control Board for the violation, or from permit issuance requirements of Section 39 of the Act.

This list is continually being revised as new information becomes available, and therefore, specific inquiries as to the status of any public water supply should be directed to

the Division of Public Water Supplies for final determination. This list reflects the status as of July 1, 1995.

*

Indicates public water supplies which have been added to the list since the previous publication.

**

Indicates actions are being taken by officials to bring the public water supply into compliance.

Illinois Environmental Protection Agency

Division of Public Water Supplies

Restricted Status List -- Public Water Supplies

July, 1995

POP.

LISTING

NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY NO.

RGN

NATURE OF PROBLEM

SERVED

DATE

Altamont (Effingham Co. - 0170050)

4

Trihalomethane

2,400

06/15/92

Ashley (Washington Co. - 1890100)

6

Trihalomethane

825

06/15/92

Bardolph (McDonough - 1090050)

5

Trihalomethane

299

03/15/95

Bellwood (Cook Co. - 0310150)

2

Radium

20,000

12/14/90

Benld (Macoupin Co. - 1170050)

5

Trihalomethane

2,174

06/16/94

Biggsville (Henderson Co. - 0710050)

5

Radium & Radiological

400

03/17/86

Bond Co. - Royal Lake Wtr Dstrct (0055100)

6

Trihalomethane

228

06/15/92

Bradford (Stark Co. - 1750050)

1

Radium

920

03/17/86

Brownstown (Fayette Co. - 0510100)

6

Trihalomethane

820

06/15/92

Bryant (Fulton Co. - 0570200)

5

Radium & Radiological

310

03/15/95

Buckingham (Kankakee Co. - 0910250)

2

Inadequate Pres. Tank

330

03/17/89

Bunder Hill (Macoupin Co. - 1170100)

5

Trihalomethane

2,550

03/15/95

Bureau Co. - Bailey Sbdv (0115100)

1

Inadequate Pres. Tank

43

01/13/82

Byron (Ogle Co. - 1410100)

1

Radium

2,500

06/15/93

Campus (Livingston Co. - 1050050)

4

Inadequate Pres. Tank

230

03/20/81

**

Carroll Co. - Carroll Hts Utl Cmpny (0155200)

1

Inadequate Pres. Tank

80

03/20/81

Carroll Co. - Century Pines Apts (0150020)

1

Inadequate Pres. Tank

50

12/14/90

Cedar Point Wtr Cmpny (LaSalle Co. - 0995040)

1

Radium

800

03/17/86

Champaign Co. - D&R Apts (0190030)

4

Inadequate Pres Tank

26

09/16/93

Coalton (Montgomery Co. - 1350100)

5

Low System Pressure

325

03/20/81

Coffeen (Montgomery Co. - 1350150)

5

Trihalomethane

800

03/17/92

Cook Co. - Mission Brook Sndst (0315920)

2

Radium

3,200

03/14/91

Cook Co. - Orland Hills Sbdv (0317000)

2

Inadequate Pres. Tank

154

08/31/81

Cook Co. - Plum Creek Condos (0317080)

2

Radium

570

03/17/86

Coulterville (Randolph Co. - 1570150)

6

Trihalomethane

1,100

06/15/92

Creal Springs (Williamson Co. - 1990300)

7

Inadequate Treatment

1,020

09/15/89

Plant & Source

Crystal Clear Wtr Cmpny (McHenry Co. - 1115150)

2

Inadequate Pres. Tank

900

09/16/88

Cuba (Fulton Co. - 5070300)

5

Trihalomethane

1,440

03/15/95

DeKalb Co. - Buck Lake Ests Sbdv (0375100)

1

Inadequate Pres. Tank

200

09/14/84

DeKalb Co. - DeKalb Univ Dvl Corp (0375148)

1

Inadequate Pres. Tank

950

12/16/92

DePue (Bureau Co. - 0110300)

1

Radium

1,725

09/16/94

DeWitt Co. - DeWitt Cnty Nursing Home (0395129)

4

Inadequate Pres. Tank

80

06/17/83

Dorchester (Macoupin Co. - 1170250)

5

Trihalomethane

531

06/16/94

---

Page

Page 46

46/ June-July, 1995

/ June-July, 1995

Environmental Register No.

Environmental Register No. 495

495

Dover (Bureau Co. - 0110350)

1

Inadequate Pres. Tank

200

05/25/81

 

DuPage Co. - Belmont-Highwood PWD (0435180)

2

Trichloroethylene

498

09/16/93

DuPage Co. - Clarendon Wtr Cmpny (0435300)

2

Inadequate Pres. Tank

1,953

03/20/81

DuPage Co. - Ctzns Lombard Heights Dvn (0435700)

2

Inadequate Pres. Tank

980

12/17/82

DuPage Co. - Liberty Park Homeowners Assn (0435600)

2

Inadequate Pres. Tank

1,092

09/17/92

DuPage Co. - Maple Hill Imprv Assn (0435800)

2

Inadequate Pres. Tank

234

08/31/81

DuPage Co. - Metro Util.-Liberty Ridge (0435650)

2

Inadequate Pres. Tank

2,510

03/15/94

DuPage Co. - Northside Peterson Wlfnd (0435866)

2

Inadequate Pres. Tank

30

12/15/89

DuPage Co. - Northwest Belmont Imprv Assn (0435900)

2

Inadequate Pres. Tank

115

09/29/81

DuPage Co. - Pleasant Hill Cmnty Assn (0435980)

2

Inadequate Pres. Tank

180

03/17/89

DuPage Co. - Polo Drive & Saddle Rd Sbdv (0437000)

2

Inadequate Pres. Tank

95

12/17/82

DuPage Co. - St Charles Cmsn Wlfnd 3 (0437040)

2

Inadequate Pres. Tank

30

12/15/89

DuPage Co. - South Burdette Wtr (0437320)

2

Inadequate Pres. Tank

30

06/16/89

DuPage Co. - York Center Coop (0437550)

2

Inadequate Pres. Tank

240

06/15/88

Eagerville (Macoupin Co. - 1170300)

5

Trihalomethane

187

06/16/94

Ellis Grove (Randolph Co. - 1570200)

6

Trihalomethane

453

12/16/94

Fairview (Fulton Co. - 0570450)

5

Radiological, Radium &

620

03/20/81

Inadequate Pressure Tank

Fulton Co. - Dunfermline-St. David Wtr Cmsn (0575150)

5

Trihalomethane

850

03/15/95

Goreville (Johnson Co. - 0870200)

7

Inadequate Treatment

978

09/15/89

Plant & Source

Greene Co. - Mt. Gilead Shcrhm (0615129)

6

Inadequate Pres. Tank

28

09/16/83

Grundy Co. - Heatherfield Sbdv (0635150)

2

Inadequate Pres. Tank

91

09/17/82

Grundy Co. - Lisbon North Inc (0631000)

2

Inadequate Pres. Tank

30

09/14/90

Grundy Co. - Ridgecrest North Sbdv (0635250)

2

Inadequate Pres Tank

85

09/16/93

Henry Co. - Hazelwood 1st Addn Well 2 (0735446)

1

Inadequate Pres. Tank

32

09/17/82

Henry Co. - Hazelwood 2nd Addn Well 2 (0735666)

1

Inadequate Pres. Tank

32

09/17/82

Henry Co. - Hazelwood 2nd Addn Well 3 (0735686)

1

Inadequate Pres. Tank

32

09/17/82

Henry Co. - Hazelwood West Sbdv (0735250)

1

Inadequate Pres. Tank

89

03/19/84

Henry Co. - Lake Lynwood Wtr Sys (0735330)

1

Inadequate Pres. Tank

98

08/31/81

Henry Co. - Lynn Cntr (0735100)

1

Inadequate Pres. Tank

147

03/15/95

Henry Co. - Ophiem PWS (0735150)

1

Inadequate Pres. Tank

150

06/18/82

Henry Co. - Osco Mutual Wtr Supply Cpy Inc (0735200)

1

Inadequate Pres. Tank

115

12/15/89

Hettick (Macoupin Co. - 1170500)

5

Atrazine

250

03/15/95

Hillsboro (Montgomery Co. - 1350300)

5

Atrazine & Trihalomethane

7,249

12/16/94

Iroquois Co. - Spring Creek Campground II Inc. (0750030)

4

Inadequate Pres. Tank

--

12/16/91

Island Lake Wtr Cmpny (Lake Co. - 0975080)

2

Iron

2,250

06/15/90

JoDaviess Co. - Bahl Wtr/Pioneer Acres (0855200)

1

Inad. Pres. Storage

700

12/15/93

Kane Co. - Broadview Academy (0895149)

2

Radium

304

09/19/86

Kane Co. - Highland Sbdv (0895530)

2

Inadequate Pres. Tank

50

09/16/83

Kane Co. - Melrose Rental Apts (0895228)

2

Inadequate Pres. Tank

38

03/15/94

Kane Co. - Moecherville Sbdv (0895300)

2

Inadequate Pres. Tank

1,120

03/20/81

Kane Co. - Park View Wtr Corp (0895500)

2

Inadequate Pres. Tank

150

12/17/82

Kane Co. - Pleasant Village (0895228)

2

Inadequate Pres. Tank

N/A

06/18/82

Kane Co. - St Charles Skyline Swr-Wtr Cpy (0895030)

2

Inadequate Pres. Tank

1,300

09/19/86

Kane Co. - Wermes Sbdv (0895750)

2

Inadequate Pres. Tank

150

12/16/88

Kankakee Co. - Good Shepherd Manor (0915189)

2

Inadequate Pres. Tank

140

03/17/89

Kankakee Co. - Olivet Nazarene College (0915279)

2

Inadequate Pres. Tank

1,450

03/15/94

Kankakee Co. - Skyview Sbdv (0915526)

2

Inadequate Pres. Tank

65

09/14/84

Kendall Co. - Bonnie Lane Wtr (0930010)

2

Inadequate Pres. Tank

49

09/16/93

Kendall Co. - Farm Colony (0935140)

2

Radium

25

03/17/86

Kendall Co. - Fox Lawn Utl Cmpny (0935150)

2

Radium

240

03/17/86

Kendall Co. - Metro Utl Valley Dvn (0935100)

2

Inadequate Pres. Tank

2,200

03/16/90

Kincaid (Christian Co. - 0210250)

5

Trihalomethane

2,285

03/15/95

Kingston Mines (Peoria Co. - 1430450)

5

Radium

350

03/17/86

Kinsman (Grundy Co. - 0630450)

2

Radium

150

03/17/86

Kirkwood (Warren Co. - 1870050)

5

Radium & Radiological

1,008

07/23/93

Ladd (Bureau Co. - 0110450)

1

Radium

1,350

10/04/85

Lake Co. - Acorn Acres Sbdv (0975020)

2

Inadequate Pres. Tank

250

12/16/83

Lake Co. - Bluff Lake Lodges, Inc (0970240)

2

Inad. Pres. Storage

25-200

12/15/93

Lake Co. - Briarcrest Sbdv Hmownrs Assn (0971060)

2

Radium & Gross Alpha

120

12/16/92

Lake Co. - D L Well Owners Assn (0975380)

2

Inadequate Pres. Tank

125

03/18/83

Lake Co. - Echo Lake Block IV Water Assn (0970130)

2

Inadequate Pres. Tank

50

06/15/88

Lake Co. - Echo Lake Wtr Sys Block 7 (0975820)

2

Inadequate Pres. Tank

48

09/16/83

---

Environmental Register No. 495

Environmental Register No. 495

June-July, 1995/Page

June-July, 1995/Page 47

47

Lake Co. - Elm Oak Mutual Wtr Sys (0975736)

2

Inadequate Pres. Tank

45

06/13/86

& Radium

Lake Co. - Forest Lake Addn (0975500)

2

Inadequate Pres. Tank

180

12/16/83

Lake Co. - Glenkirk Campus North (0977189)

2

Inadequate Pres. Tank

64

06/15/88

Lake Co. - Glenkirk Campus South (0977199)

2

Inadequate Pres. Tank

36

06/15/88

Lake Co. - Hawthorn Woods (0970450)

2

Inadequate Pres. Tank

800

03/15/95

Lake Co. - Highland Lake Sbdv (0975750)

2

Inadequate Pres. Tank

294

03/20/81

Lake Co. - Lakewood Wtr Sys (0975400)

2

Inadequate Pres. Tank

49

12/16/83

Lake Co. - Maple Hill Nursing Ctr (0971090)

2

Inadequate Pres. Tank

204

06/15/93

Lake Co. - Sturm Sbdv (0977010)

2

Inadequate Pres. Tank

63

03/16/84

Lake Co. - Summit Homeowners Assn (0975280)

2

Inadequate Pres. Tank

48

03/16/84

Lake Co. - Sylvan Lake 1st Sbdv (0977100)

2

Inadequate Pres. Tank

210

06/14/91

Lake Co. - Towner Sbdv (0977250)

2

Inadequate Pres. Tank

238

01/14/82

Lake Co. - Wadsworth Oaks Sbdv (0977320)

2

Radium

80

09/19/86

Lake Co. - West Shoreland Sbdv (0977050)

2

Inadequate Pres. Tank

220

06/14/91

Lake Co. - Wynstone Wtr Cmpny (0970080)

2

Radium

450

03/15/95

LaSalle Co. - Cedar Point Water Company (0995110)

1

Radiological

19

09/16/94

LaSalle Co. - Four Lakes Sbdv (0995110)

1

Radium

35

09/19/86

LaSalle Co. - Il Prairie Est Sbdv (0995300)

1

Radium

45

06/15/88

LaSalle Co. - Lynnwood Water Corp (0995336)

1

Inadequate Pres. Tank

114

03/18/83

LaSalle Co. - Woodsmoke Ranch Assn (0990030)

1

Inadeq. Pres. Tank & Radium

350

06/15/90

Little York (Warren Co. - 1870100)

5

Radium

356

12/16/91

Livingston Co. - Salem Childrens Hm (1055229)

4

Inadequate Pres. Tank

66

03/18/83

Logan Co. - Bartmann Health Care Center (1075169)

5

Inadequate Pres. Tank

93

12/16/83

London Mills - (Fulton County - 0574620)

5

Inadequate Pres. Tank

670

12/14/84

Lostant (LaSalle Co. - 0990450)

1

Radium & Radiological

550

03/17/86

Macoupin Co. - Palmyra-Modesto Wtr Cmsn (1175150)

5

Atrazine

1,140

03/15/95

Macoupin Co. - RR 1 - Il Wtr Assn (1175260)

5

Trihalomethane

81

06/15/92

Macoupin Co. - Spring Creek Water Assn (1175450)

5

Trihalomethane

60

06/16/94

Macoupin Co. - Staunton Res. Rd Wtr Corp (1175250)

5

Trihalomethane

60

12/16/94

*

Madison Co. - Forest Homes-Maple Park PWD (1195100)

6

Trihalomethane

2,000

6/16/95

*

Madison Co. - Holiday Shores Sndsst (1135110)

6

Atrazine

2,142

6/16/95

Mapleton (Peoria Co. - 1430500)

5

Radium

1,490

03/17/86

Marseilles (LaSalle Co. - 0990500)

1

Radium

4,811

03/15/95

McDonough Co. - Emmett Utl Inc (1095200)

5

Inadequate Pres. Tank

39

12/17/82

McHenry Co. - Community Srvc Corp (1115350)

2

Inadequate Pres. Tank

750

09/16/83

McHenry Co. - Deering Oaks Sbdv (1115200)

2

Inadequate Pres. Tank

60

12/17/82

McHenry Co. - Prairie Ridge Assn (1115730)

2

Inadequate Pres. Tank

140

03/16/90

McHenry Co. - Walk-Up-Woods Wtr Cmpny (1115800)

2

Inadequate Pres. Tank

763

12/17/82

McHenry Co. - Wonder Lake Water Company (1115750)

2

Inadequate Pres. Tank

1,161

06/16/94

McLean Co. - Cropsey Cmnty Wtr (1135150)

4

Inadequate Pres. Tank

60

03/20/81

Media (Henderson Co. - 0710250)

5

Nitrate

150

03/17/86

Mercer Co. - M C L W Sys Inc (1315150)

1

Inadequate Source

100

03/20/81

Mercer Co. - Swedona Wtr Assn (1315200)

1

Inadequate Pres. Tank

100

06/15/90

Modesto (Macoupin Co. - 1170600)

5

Atrazine

240

03/15/95

Monmouth (Warren Co. - 1870150)

5

Radium

9,500

12/15/93

Monroe Co. - Maple Leaf Ests Wtr Corp (1335100)

6

Inadequate Pres. Tank

39

03/20/81

Mount Clare (Macoupin Co. - 1170650)

5

Trihalomethane

858

03/17/92

Mount Olive (Macoupin Co. - 1170700)

5

Trihalomethane

2,380

09/16/94

Naplate (LaSalle Co. - 0990600)

1

Radium

581

03/17/86

*

Nauvoo (Hancock Co. - 0670500)

5

Trihalomethane

1,200

8/13/93

Neponset (Bureau Co - 0110700)

1

Radium

640

09/14/90

Norris (Fulton Co. - 0570750)

5

Trihalomethane

250

12/16/94

Oakland (Coles Co. - 0290300)

4

Trihalomethane

996

12/16/94

Odell (Livingston Co. - 1050550)

4

Radium

1,100

03/17/86

Ogle Co. - Lindenwood Wtr Assn (1415300)

1

Inadequate Pres. Tank

50

01/13/82

Palmyra (Macoupin Co. - 1170800)

5

Atrazine

850

03/15/95

Paris (Edgar Co. - 0450300)

1

Atrazine

8,990

09/16/94

Patoka (Marion Co. - 1210400)

6

Trihalomethanes

820

12/16/92

Peoria Co. - Brookview Sbdv (1435100)

5

Nitrate

300

09/16/93

Peoria Co. - Edelstein Wtr Coop (1435150)

5

Radium & Radiological

115

06/13/86

Peoria Co. - Fahnstock Court Sbdv (1435200)

5

Inadequate Pres. Tank

30

05/25/81

Peoria Co. - Galena Knolls Sbdv (1435300)

5

Nitrate

180

06/15/88

Peoria Co. - Trivoli PWD (1435510)

5

Inadequate Pres. Tank

350

06/17/83

Peoria Co. - Vet's Place Sbdv (1435650)

5

Inadequate Pres. Tank

85

12/16/94

---

Page

Page 48

48/ June-July, 1995

/ June-July, 1995

Environmental Register No.

Environmental Register No. 495

495

Peoria Co. - Woodland Hts Ests Sbdv (1435760)

5

Inadequate Pres. Tank

245

03/20/81

Ransom (LaSalle Co. - 0990900)

1

Radium

450

03/17/86

Reddick (Kankakee Co. - 0914780)

2

Radium

208

09/16/93

Richview (Washington Co. - 1890500)

6

Inadequate Pres. Tank

592

09/19/86

Rockdale (Will Co. - 1970850)

2

Radium

1,500

03/17/86

Rock Island Co. - Byron Hls Sbdv Well 6 (1617266)

1

Inadequate Pres. Tank

32

12/17/82

Rock Island Co. - Country Club Mnr Well 1 (1617286)

1

Inadequate Pres. Tank

32

01/14/82

Rock Island Co. - Croppers 2nd & 3rd Addn (1615200)

1

Inadequate Pres. Tank

29

12/16/83

Rock Island Co. - Eberts 2nd Addn (1615280)

1

Inadequate Pressure Tank

35

09/15/89

Rock Island Co. - Evergreen Vlg Sbdv (1615310)

1

Inadequate Pres. Tank

250

03/20/81

Rock Island Co. - Larson Court Rentals (1615728)

1

Inadequate Pres. Tank

48

01/14/82

Rock Island Co. - Lemon Street Well Cmpny (1615550)

1

Inadequate Pres. Tank

470

03/20/81

Rock Island Co. - Park Hill Ests Well 1 (1617806)

1

Inadequate Pres. Tank

32

06/18/82

Rock Island Co. - Rock Island Arsn (1615387)

1

Trihalomethane

9,000

06/15/92

Rock Island Co. - Silvis Heights Wtr Corp (1615750)

1

Inadequate Pres. Tank

1,680

03/20/82

Rock Island Co. - Suburban Heights Sbdv (1615800)

1

Inadequate Pres. Tank

114

12/16/83

Rock Island Co. - Tindalls 3rd & 6th Addns (1617376)

1

Inadequate Pres. Tank

28

06/18/82

Rock Island Co. - Turkey Hollow Well Corp (1615686)

1

Inadequate Pres. Tank

32

06/18/82

Rock Island Co. - WSCO Dvl-Ridgewood (1615670)

1

Inadequate Pres. Tank

475

03/20/81

Roseville (Warren Co. - 1870200)

5

Nitrate

1,254

03/17/89

Rosiclare (Hardin Co. - 0690150)

7

Trihalomethane

1,791

09/17/92

Schram City (Montgomery Co. - 1350600)

5

Trihalomethane

690

06/16/94

Scottville RWC (Macoupin Co. - 1170010)

5

Atrazine

510

03/15/95

Shannon (Carroll Co. - 0150300)

1

Nitrate

887

03/15/94

Shipman (Macoupin Co. - 1170950)

5

Trihalomethane

695

06/16/94

Sorento (Bond Co. - 0050300)

6

Atrazine

710

06/15/92

South Wilmington (Grundy Co. - 0630650)

2

Radium

750

03/15/93

Spring Valley (Bureau Co. - 0111000)

1

Radium

5,850

09/17/92

St. Clair Co. - Save Site (1635289)

6

Trihalomethane

375

06/15/92

St. Peter (Fayette Co. - 0510300)

6

Trihalomethane

807

06/15/92

Standard (Putnam Co. -1550300)

1

Radium

280

09/16/91

Steeleville (Randolph Co. - 1570650)

6

Radium

2,305

03/17/86

Stephenson Co. - Park Crest Wtr Cmpny (1775100)

1

Inadequate Pres. Tank

1,200

09/14/84

Table Grove (Fulton Co. - 0570900)

5

Radium & Radiological

500

03/20/81

Taylor Springs (Montgomery Co. - 1350650)

5

Trihalomethane

671

03/17/92

Tazewell Co. - Beverly Mnr Cntrl Imp Assn (1795120)

5

Inadequate Pres. Tank

525

03/17/89

Tazewell Co. - Beverly Mnr-Grant (1795100)

5

Inadequate Pres. Tank

610

03/20/81

Tazewell Co. - Breezeway Sbdv (1795150)

5

Inadequate Pres. Tank

175

09/17/82

Tazewell Co. - Hickory Hls Sbdv Assn 1 (1795386)

5

Inadequate Pres. Tank

31

06/14/85

Tazewell Co. - Hickory Hls Sbdv Assn 2 (1795396)

5

Inadequate Pres. Tank

30

06/14/85

Tazewell Co. - Mayfair Sbdv (1795750)

5

Inadequate Pres. Tank

150

03/16/90

Tazewell Co. - Oakhaven Sbdv (1795760)

5

Inadequate Pres. Tank

35

05/25/81

Tazewell Co. - Prairie View Wtr Assn (1795900)

5

Inadequate Pres. Tank

55

03/20/81

Union Co. - Lick Creek PWD (1815100)

7

Inadequate Treatment

816

09/15/89

Plant & Source

Vernon (Marion Co. - 1210550)

6

Trihalomethane

207

09/16/94

Viola (Mercer Co. - 1310450)

1

Radium

1,144

09/17/92

Westfield (Clark Co. - 0230200)

4

Inadequate Water Source

700

06/15/93

White City (Macoupin Co. - 1171150)

7

Trihalomethane

280

06/15/93

Whiteside Co. - Lakeview Sbdv (1955150)

1

Inadequate Pres. Tank &

146

03/20/81

Nitrate

Will Co. - Bel-Air Sbdv (1975130)

2

Inadequate Pres. Tank

91

08/04/81

Will Co. - Clearview Sbdv (1975360)

2

Inadequate Pres. Tank

420

01/13/82

Will Co. - Dixie Dells (1977850)

2

Inadequate Pres. Tank

550

09/17/82

Will Co. - East Moreland Wtr Assn (1975600)

2

Inadequate Pres. Tank

753

03/20/81

Will Co. - Fair Acres Sbdv (1975680)

2

Inadequate Pres. Tank

185

10/19/81

Will Co. - Garden Street Imprv Assn (1975376)

2

Inadequate Pres. Tank

62

09/15/89

Will Co. - Greenfield Cmnty Well Cmpny (1975760)

2

Inadequate Pres. Tank

25

12/16/83

Will Co. - Hillview Sbdv (1975800)

2

Inadequate Pres. Tank

99

03/15/85

Will Co. - Huntley Cmnty Sbdv (1975840)

2

Inadequate Pres. Tank

48

03/16/84

Will Co. - Ingalls Park Sbdv (1975880)

2

Inadequate Pres. Tank

690

09/16/83

Will Co. - Lakewood Shores Imprv Assn (1975930)

2

Radium

93

03/17/86

Will Co. - Oakview Avenue Wtrwks Inc (1977210)

2

Inadequate Pres. Tank

350

03/20/81

Will Co. - Park Road Wtr Assn (1977330)

2

Inadequate Pres. Tank

60

12/17/82

Will Co. - Ridgewood Sbdv (1977650)

2

Inadequate Pres. Tank

315

06/18/82

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Environmental Register No. 495

Environmental Register No. 495

June-July, 1995/Page

June-July, 1995/Page 49

49

Will Co. - Scribner Street Sbdv (1977660)

2

Inadequate Pres. Tank

50

03/18/83

Will Co. - Shawnita Trc Wtr Assn (1977690)

2

Inadequate Pres. Tank

125

09/17/92

Will Co. - Sunnyland Sbdv (1977730)

2

Inadequate Pres. Tank

350

09/16/83

Williamson (Madison Co. - 1191100)

6

Trihalomethane

350

06/15/92

Williamson Co. - Devils Kitchen Wtr Dst (1995160)

7

Inadequate Treatment Plt

1,330

09/15/89

& Source & Trihalomethane

Williamson Co. - Lake of Egypt PWD (1995200)

7

Inadequate Treatment

7,743

09/15/89

Wilsonville (Macoupin Co. - 1171200)

5

Trihalomethane

609

06/15/92

Winnebago Co. - Blue & Gold Homeowners Assn (2015250)

1

Inad. Press. Tank &

170

06/17/83

Inad. Source of Supply

Winnebago Co. - Bradley Heights Sbdv (2015050)

1

Inadequate Pres. Tank

192

09/13/85

Winnebago Co. - Briar Garden Apts (2015190)

1

Inadequate Pres. Tank

60

12/17/82

Winnebago Co. - Cherry Vale East Apts (2015470)

1

Inadequate Pres. Tank

180

01/14/82

Winnebago Co. - Cherry View Apts (2015278)

1

Inadequate Pres. Tank

60

06/17/83

Winnebago Co. - Great Oaks & Beacon Hls Apts (2015488)

1

Inadequate Pres. Tank

943

12/17/82

Winnebago Co. - Larchmont Sbdv (2015290)

1

Inadequate Pres. Tank

106

06/17/83

Winnebago Co. - Legend Lakes Wtr Assn (2015300)

1

Inadequate Pres. Tank

225

03/14/91

Winnebago Co. - The Mill (2010040)

1

Inadequate Pres. Tank

90

12/16/94

Woodford Co. - Oak Ridge Sndst (2035300)

1

Inadequate Pres. Tank

240

03/20/81

Yates City (Knox Co. - 0950700)

5

Radium and Inadequate

900

03/20/81

Pressure Tank

Public Water Supplies Removed from Previous List

Arenzville (Cass Co. - 0170050)

Blue Mound (Macon Co. - 1150100)

Carthage (Hancock Co. - 0670250)

Chandlerville (Cass Co. - 0170200)

Concord (Morgan Co. - 1370100)

Henry (Marshall Co. - 1230050)

Henry Co. - Country Ests Sbdv (0735050)

Kane Co. - Silver Glen Ests (0890040)

New Boston (Mercer Co. - 1310250)

Radom (Washington Co. - 1890450)

Sims (Wayne Co. - 1910400)

South Pekin (Tazewell Co. - 1790650)

Vermilion Co. - North Fork Well Assn (1835186)

White Hall (Greene Co. - 0610400)

Woodland (Iroquois Co. - 0751000)

Illinois Environmental Protection Agency

Division of Public Water Supplies

Critical Review List -- Public Water Supplies

The Critical Review List was developed to give additional notification to officials of public water supplies which may be close to being in violation of 35 Ill. Adm. Code,

Subtitle F: Public Water Supplies, Chapter I or the Illinois Environmental Protection Act.

A supply will be placed on the Critical Review List when Agency records indicate that it is approaching any of the violations which would place it on the Restricted Status

List.

This list is continually being revised as new information becomes available, and therefore, specific inquiries as to the status of any public water supply should be directed to

the Division of Public Water Supplies for final determination. This list reflects the status as of July 1, 1995.

*

Indicates public water supplies which have been added to the list since the previous publication.

**

Indicates actions are being taken by officials to bring the public water supply into compliance.

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/ June-July, 1995

Environmental Register No.

Environmental Register No. 495

495

Illinois Environmental Protection Agency

Division of Public Water Supplies

Critical Review List -- Public Water Supplies

July, 1995

POP.

LISTING

NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY NO.

RGN

NATURE OF PROBLEM

SERVED

DATE

Baylis (Pike Co. - 1490100)

5

Source Capacity

300

09/13/85

Bluford (Jefferson Co. - 0810100)

7

Low System Pressure

465

03/20/81

Carlyle (Clinton Co. - 0270300)

6

Inadequate Treatment Plant

7,978

12/15/93

Caseyville (St. Clair Co. - 1630250)

6

Low System Pressure

12,338

09/14/84

Clinton (DeWitt Co. - 0390050)

4

Inadequate Plant Capacity

7,437

06/14/91

DePue (Bureau Co. - 0110300)

1

Inadequate Treatment Plant

1,930

12/15/93

Dieterich (Effingham Co. - 0490150)

4

Inadequate Source

568

03/15/94

DuPage Co. - Highland Hls Sndst (0435560)

2

Inadequate Pressure Tank

1,100

09/17/92

Edwardsville (Madison Co. - 1190250)

6

Inad. Treatment Plant

30,581

12/15/93

Evansville (Randolph Co. - 1570250)

6

Plant Capacity

1,838

05/25/81

Georgetown (Vermilion Co. - 1830350)

4

Inadequate Wtr Plant

3,678

06/15/93

Hardin (Calhoun Co. - 0130200)

6

Low System Pressure

1,175

11/25/81

Homer (Champaign Co. - 0190300)

4

Inadequate Source

1,300

03/15/94

Jackson Co. - South Highway PWD (0775400)

7

Low System Pressure

8,189

06/15/92

Kane Co. - Lake Marian Wtr Corp (0895200)

2

Low System Pressure &

800

09/14/84

Inadequate Pres. Storage

Kincaid (Christian Co. - 0210250)

5

Plant Capacity

2,640

06/14/85

Lewistown (Fulton Co. - 0570600)

5

Inadequate Source

2,700

06/15/88

McHenry Co. - McHenry Shores Wtr Cmpny (1115020)

2

Low System Pressure

1,170

09/17/92

McHenry Co. - Whispering Hills Wtr Cmpny (1115700)

2

Low System Pressure

6,000

06/15/93

McHenry Co - Wonder Lake Wtr Cmpny (1115750)

2

Inadequate Storage

1,080

12/14/90

Millstadt (St. Clair Co. - 1630850)

6

Low System Pressure

2,750

12/16/91

North Utica (LaSalle Co. - 0990650)

1

Low System Pressure

3,943

03/18/84

Patoka (Marion Co. - 1210400)

6

Inadequate Treatment Plant

820

12/15/93

Pearl (Pike Co.1490650)

5

Inadequate Pres. Tank

322

09/17/82

Pecatonica (Winnebago Co. -2010250)

1

Low System Pres.

1,830

06/15/90

*

Princeton (Bureau Co. - 0110850)

1

Inadequate Plant Capacity

7,200

6/16/95

Ramsey (Fayette Co. - 0510200)

6

Source Capacity &

1,350

09/13/85

Low System Pres.

Richland Co. - West Liberty Dundas Wtr Dist (1595050)

7

Low System Pres. &

693

12/14/84

 

Inadequate Source

Rock Island Co. - Tower Ridge Sbdv (1615780)

1

Inadequate Pres. Tank

70

03/15/94

Stockton (Jo Daviess Co. - 0850450)

1

Low System Pressure

1,900

06/15/84

Sumner (Lawrence Co. - 1010300)

7

Low System Pressure

1,553

12/13/85

Taylor Springs (Montgomery Co. - 1350650)

5

Low System Pressure

650

02/20/81

Walnut Hill (Marion Co. - 1210600)

6

Low System Pressure

1,200

06/14/85

Will Co. - Metro Utl Chickasaw Dvn (1975320)

2

Low System Pressure

7,700

09/17/92

Public Water Supplies Removed from Previous List

Macon Co. - Long Creek Twsp (1155150)

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

RESTRICTED STATUS LIST

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

tions, the Illinois EPA has prepared the following list of

facilities which are on Restricted Status. Restricted Status is defined as the Agency determination that a

sewer or lift station has reached hydraulic capacity or that a

sewage treatment plant has reached design capacity, such that additional sewer connection permits may no longer be issued without causing a violation of the Act or

Regulations. Please note that the list is continually being revised to reflect the current situation. Therefore, if you have any questions on the capability of a treatment facility

or transport system, please contact this Agency for a final determination. This listing reflects the status as of June 30, 1995.

Facility names followed by an asterisk (*) indicates that construction is underway to ultimately alleviate problems which resulted in imposition of Restricted Status.

Facilities followed by a double asterisk (**) are additions to the list.

REMAINING

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Environmental Register No. 495

Environmental Register No. 495

June-July, 1995/Page

June-July, 1995/Page 51

51

FACILITY NAME

RESPONSIBLE AUTHORITY

COUNTY

CAPACITY

Bourbonnais (Belle Aire Subd.)

Village of Bourbonnais

Kankakee

0

Camelot Utilities - Wastewater

Camelot Utilities

Will

0

Collection System

Camp Point (a portion mh 60-68)

Village of Camp Point

Adams

0

Candlewick Lake STP

Consumer Ill. Water Co.

Boone

0

Canton - S.S. Surcharging

City of Canton

Fulton

0

New Salem, 4th Ave.,

Sycamore, Sycamore Terr.,

Main Street

Chapin (North and South Main

Village of Chapin

Morgan

0

Terminal L.S.)

Clearview S.D.

Clearview S.D.

McLean

0

East Alton STP

City of East Alton

Madison

0

Farmington

City of Farmington

Fulton

0

Highview Estates

Highview Water Co.

Tazewell

0

Lake Zurich - Knollwood,

Village of Lake Zurich

Lake

0

Minonski, Main Ls's

Maple Lawn Homes STP

Maple Lawn Homes

Woodford

0

Riverton (Sewer System-Partial)

Village of Riverton

Sangamon

0

Rosewood Heights S.D. - Ninth

Rosewood Heights S.D.

Madison

0

Street LS**

Taylorville Shawnee Ave. Pump

City of Taylorville

Christian

0

Station

Utilities Unlimited

Utilities Unlimited

Will

0

Virden (Sewer System-Partial)

Virden S.D.

Macoupin

0

Washington (Devonshire Estates)

City of Washington

Tazewell

0

Washington (Rolling Meadows)

City of Washington

Tazewell

0

Watseka STP

City of Watseka

Iroquois

0

Deletions from previous Quarterly Report: Stockton STP

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

CRITICAL REVIEW LIST

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

tions, the Illinois Environmental Protection Agency has

prepared the following list of facilities which are on Critical Review. Critical Review as defined as the Agency determination that a sewer or lift station is approaching

hydraulic capacity or that a sewage treatment plant is approaching design capacity such that additional sewer connection permit applications will require close

scrutiny to determine whether issuance would result in a violation of the Act or Regulations. Please note that these lists are continually being revised to reflect the

current situation. Therefore, if you have any questions on the capability of a treatment facility or transport system, please contact the Agency for a final

determination. This listing reflects the status as of June 30, 1995.

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

PE ADDED

FACILITY

RESPONSIBLE

REMAINING

SINCE

NAME

AUTHORITY

COUNTY

CAPACITY

LAST LIST

Beecher STP

Village of Beecher

Will***

0

0

Benton-Southeast STP

City of Benton

Franklin

60

0

Bethalto (L.S. #1)

Village of Bethalto

Madison

87

0

Bolingbrook STP 2

Village of Bolingbrook

Will

0

0

Braidwood STP

City of Braidwood

Will

0

0

Carrier Mills

Village of Carrier Mills

Saline

836

0

Carrollton

City of Carrollton

Greene

140

0

Chester

City of Chester

Randolph

26

0

Crest Hill - West STP

City of Crest Hill

Will

0

0

Creve Coeur

Village of Creve Coeur

Tazewell

2,330

0

Derby Meadows Utility Co. STP

Derby Meadows Utility Co.

Will

0

0

Downers Grove Sanitary Dist.

Downers Grove S.D.

DuPage

8,461

127

Earlville

City of Earlville

LaSalle

215

0

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/ June-July, 1995

Environmental Register No.

Environmental Register No. 495

495

East Dundee STP

Village of E. Dundee

Kane

983

0

Elkville

Village of Elkville

Jackson

6

0

Elmhurst

City of Elmhurst

DuPage

0

49

Findlay

Village of Findlay

Shelby

60

0

Hebron

Village of Hebron

McHenry

118

0

Herrin

City of Herrin

Williamson

***

74

Herscher

Village of Herscher

Kankakee

365

0

Highland STP

City of Highland

Madison

830

0

Hoopeston

City of Hoopeston'

Vermilion

0

92

Kildeer-Bishop-Ridge STP

Village of Kildeer

Lake

40

0

CLPWD-Deerfield Rd.

County of Lake Public Works

Lake

***

0

Interceptor

Department

CLPWD-Diamond-Sylvan STP

County of Lake Public Works

Lake

248

0

Department

Lake in the Hills S.D.

Village of Lake in the Hills

McHenry

0

2,296

Manhattan

Village of Manhattan

Will

87

87

Milan

Village of Milan

Rock Island

1,122

0

Moline (North Slope)

City of Moline

Rock Island

1,151

0

Mundelein STP

Village of Mendelein

Lake

900

0

O'Fallon

City of O'Fallon

St. Clair

35

452

Orangeville

Village of Orangeville

Stephenson

0

0

Pearl City

Village of Pearl City

Stephenson

0

0

Peotone

Village of Peotone

Will

370

0

Rock Island (Main)

City of Rock Island

Rock Island

5,001

0

Round Lake-Rosewood Sewage

Village of Round Lake

Lake

97

0

Pumping Station**

Sycamore (Southwest)

City of Sycamore

DeKalb

0

0

Thompsonville STP

Village of Thompsonville

Franklin

35

0

Deletetions from previous quarterly report: None

***Contact IEPA - Permit Section

---

Environmental Register No. 495

Environmental Register No. 495

June-July, 1995/Page

June-July, 1995/Page 53

ILLINOIS POLLUTION CONTROL BOARD

POLICY

It has become necessary, effective August 1, 1995 to raise the per page rates for IPCB

documents to better reflect the actual costs of reproduction and distribution. Significant resources,

both human and material, are expended to locate, photocopy and in the case of those wanting to pay

later for copies received, the resources required to maintain a billing system. Your understanding

will be appreciated.

The IPCB’s revised rates/policy are as follows:

    

♦

A single opinion and order will be furnished on request without cost, irrespective of length,

with the dissenting and/or concurring

opinion(s). Requests for multiple opinions and

orders are 75 cents per page.

    

♦

Hearing Transcripts are 75 cents per page.

    

♦

All other documents are 75 cents per page.

    

♦

The following State Agencies are, upon request, provided copies of opinions and orders and

transcripts free of charge:

Illinois Attorney General’s Office (AG)

Illinois Environmental Protection Agency (IEPA)

Illinois Department of Natural Resources (DNR)

    

♦

Requests for copies will be honored in as timely a manner as possible. Requests for copies

by mail will be honored. The Board reserves

the right to add a postage charge to large bulk

mailings.

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54/ June-July, 1995

/ June-July, 1995

Environmental Register No.

Environmental Register No. 495

495

Printed by Authority of the State of Illinois, June-July, 1995, 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.