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58/(0$.,1*
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oard Adopts Proposed
Second-Notice Rules For
Public Comment in In the
Matter of: Proportionate Share
Liability, R97-16
At a special Board meeting held
November 12, 1998, the Board
adopted for proposed second
notice rules to determine
proportionate share. The proposed
rules implement Section 58.9 of the
Environmental Protection Act
(Act) (415 ILCS 5/58.9
(1996)) regarding proportionate
share liability. This action was
taken because the Board must
complete this rulemaking by
January 1, 1999. See Pub. Act
9-0484, eff. August 17, 1997
(amended 415 ILCS 5/58.9
(1996)). On September 3, 1998,
the Board adopted the rules for
first-notice publication in the
Illinois Register.
22 Ill. Reg.
16425 (September 18, 1998).
(Rulemaking Updates
continued on page 3)
)('(5$/?$&7,216
nited States Environmental Protection Agency Accepts Proposals
for the National Brownfields Assessment Pilots
On October 30, 1998, the United States Environmental Protection Agency
(USEPA) announced it will accept proposals for the national brownfields
assessment pilots. 63 Fed. Reg. 58380 (October 30, 1998). The
years) test cleanup and redevelopment planning models, direct special
efforts toward removing regulatory barriers without sacrificing
protectiveness, and facilitate coordinating environmental cleanup and
redevelopment efforts at the federal, state, and local levels. The USEPA
expects to select up to 100 additional national brownfields assessment
pilots by May 1999. Applications will be accepted on a rolling
submissions schedule. The deadlines for new applications for the 1999
assessment pilots are December 11, 1998, and March, 22, 1999.
Applications postmarked after December 11, 1998, will be considered in
the second round of the competition.
All proposals must be postmarked or sent to the USEPA via registered or
tracked mail by the expiration dates cited above. Application booklets can
be obtained by calling the Superfund Hotline: 800/424-9346. Copies of
the booklet are available via the internet: http://www.epa.gov/brownfields/
(Federal Updates continued on page 2)
Inside This Issue
♦
Appellate Update
page 6
♦
Board Actions
page 9
♦
New Cases
page 17
♦
Calendar of Meetings
page 19
%
8
2
FEDERAL ACTIONS
(CONTINUED FROM PAGE 1)
nited States Environmental Protection Agency
Publishes Final Guidelines for the Drinking
Water State Revolving Fund Program
On November 5, 1998, the United States
Environmental Protection Agency (USEPA)
published the final guidelines for the drinking water
state revolving fund (DWSRF) program. 63 Fed.
Reg. 59843 (November 5, 1998). The DWSRF
program was established August 6, 1996, by the Safe
Drinking Water Amendments (SDWA) of 1996 (42
U.S.C. § 300f
et seq.
(1996)). The SDWA authorizes
$9.6 billion for the DWSRF program and related
programs under Section 1452 for the fiscal year 1999
through fiscal year 2003. For fiscal year 1997, the
USEPA’s budget included $1.275 billion for these
programs. The final guidelines are published for the
benefit and interest of the general public. Copies of
the final guidelines for implementation of the
DWSFR program are available from the SDWA
Hotline: 800/426-4791. The DWSRF Guidelines
may also be obtained from the USEPA web site at:
http://www.epa.gov/OGWDW
♦
roposed Agreement Pursuant to Section
122(h)(1) of the Comprehensive
Environmental Response, Compensation, and
Liability Act for the Lake Salvage Superfund Site,
Chicago, Cook County, Illinois
On November 12, 1998, the United States
Environmental Protection Agency (USEPA) issued
notification of a proposed administrative settlement
agreement concerning the Lake Salvage Superfund
site located at 2527-29 West Lake Street, Chicago,
Cook County, Illinois. The USEPA proposes to enter
into this agreement under the authority of Sections
107 and 122(h) of the Comprehensive Environmental
Response, Compensation, and Liability Act
(CERCLA) (42 U.S.C. §§ 107, 122(h)). The
proposed agreement has been executed by Litton
Systems, Inc.; MagneTek, Inc.; Philips Electronic
North America Corporation; Alex Simkin; Edward
Simkin; and Irwin Simkin (collectively, the settling
parties). The settling parties will pay $77,785.15 to
the Hazardous Substances Superfund to resolve the
USEPA’s claims against them for response costs
incurred by the USEPA at the site.
Comments regarding the proposed settlement
agreement must be received by December 12, 1998,
and should be addressed to: Docket Clerk, USEPA,
Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604-3590, and should refer to: In the
Matter of Lake Salvage Site, Chicago, Illinois.
♦
roposed Amended Consent Degree Reached
with City of Rockford, Winnebago County
On October 30, 1998, the United States reached a
proposed amended consent decree with the City of
Rockford, Winnebago County. 63 Fed. Reg. 64280
(November 19, 1998). The consent decree resolves
certain claims filed by the United States in United
States,
et al
. v. City of Rockford, Illinois, Civil No.
98 C 50026, and pending before the United States
District Court for the Northern District of Illinois.
The United States brought this action alleging
violations under the Comprehensive Environmental
Response, Compensation, and Liability Act
(CERCLA), as amended (42 U.S.C. § 6901 et seq.
(1990)). The amended consent decree resolves
certain claims of the United States and the State of
Illinois against the City of Rockford, under Sections
106(a) and 107(a) of CERCLA (42 U.S.C. §§
9606(a), 9607(a) (1990)) concerning the Southeast
Rockford Groundwater Contamination site. Under
the proposed amended consent decree, the City of
Rockford reaffirms the terms and provisions of the
original consent decree entered by the court on
April 9, 1998. The proposed amended consent
decree provides that the City of Rockford will pay
the plaintiffs approximately $14.7 million. The
amended consent decree also resolves any claims the
plaintiffs may have had against Covenant
Beneficiaries. The proposed amended consent decree
is effective December 19, 1998.
♦
roposed Consent Decree Reached Pertaining
to Yeoman Creek Landfill Superfund Site,
Waukegan, Lake County
On November 20, 1998, the Department of Justice
issued notice of a proposed consent decree in United
States v. USX Corp.,
et al
, Civil No. 98 C 6389,
which was pending before the United States District
Court for the Northern District of Illinois. 63 Fed.
Reg. 64524 (November 20, 1998). The proposed
8
3
3
3
3
consent decree concerns the Yeoman Creek Landfill
Superfund Site located in Waukegan, Lake County.
The proposed consent decree resolves the United
States’ claims against all twenty-one defendants
named in the action. The twenty-one settling
defendants have agreed to pay a total penalty of
$1,585,990. Twenty of the settling defendants
qualify as
de minimis
parties under the
Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42
U.S.C. § 9622 (1990)). The proposed consent decree
is effective December 20, 1998.
♦
epartment of Agriculture Issues Notice of
Meetings Regarding the Unified National
Strategy for Animal Feeding Operations
On November 17, 1998, the Department of
Agriculture issued notice that, in conjunction with the
United States Environmental Protection Agency, it
would conduct 11 public listening sessions where
interested individuals can ask questions and provide
feedback on the draft Unified National Strategy for
Animal Feeding Operations (national strategy). 63
Fed. Reg. 63823 (November 17, 1998). The national
strategy is one of the key actions in the Clean Water
Action Plan announced by President Clinton in
February 1998. For a detailed review of the national
strategy, please refer to 63 Fed. Reg. 50192
(September 21, 1998) or call Joseph DelVecchio,
Natural Resources Conservation Service, 202/690-
2632; e-mail: joe.delvecchio.usda.gov.
Four meeting were held in November: on November
16, 1998, in Tulsa, Oklahoma; on November 17,
1998, in Harrisburg, Pennsylvania; on November 23,
1998, in Ontario, California; and on November 30,
1998, in Madison, Wisconsin. Seven meetings were
scheduled for December: on December 3, 1998, in
Seattle, Washington; on December 4, 1998, in Des
Moines, Iowa; on December 9, 1998, in Chattanooga,
Tennessee; on December 10, 1998, in Indianapolis,
Indiana; on December 10, 1998, in Fort Worth,
Texas; on December 14, 1998, in Denver, Colorado;
and on December 15, 1998, in Annapolis, Maryland.
To obtain further information about a specific
meeting, please visit the World Wide Web at
http://cleanwater.gov
RULEMAKING UPDATES
(CONTINUED FROM PAGE 1)
The proportionate share liability scheme, enacted by
Public Act 89-431 (Pub. Act. 89-431, eff. December
15, 1995) and as modified by Public Act 89-443
(Pub. Act 89-443, eff. July 1, 1996), replaced the
concept of joint and several in environmental actions
with proportionate share liability. The purpose of
new Part 741 is to establish procedures for the
determination of proportionate share for the
performance or cost of removal or remedial action
resulting from the release or substantial threat of a
release of regulated substances or pesticides. See 415
ILCS 5/58.9(d) (1996).
Proposed Subpart A of Part 741 contains applicability
provisions, definitions, and discovery prior to filing
of a complaint for the purpose of identifying
potentially liable parties, and the modification of an
allocation determination based on newly discovered
evidence. At first notice, the Board declined to
accept that part of the Agency’s proposal that
excluded certain sites or persons from Part 741 based
on limits contained in Section 58.1(a)(2) of Title
XVII of the Act (415 ILCS 58.1(a)(2) (1996)). After
further review of this matter and comment from the
participants, the Board at proposed second notice,
found that the limitations of Section 58.1(a)(2) do
apply to Section 58.9, thereby limiting the
applicability of Section 58.9.
Proposed Subpart B contains procedures for
determining liability and proportionate share where a
complaint has been filed with the Board by the
Agency, the State of Illinois, or any person. The
Board made several changes at proposed second
notice. The current rules as proposed contain
provisions dealing with the burden and standard of
proof and final Board orders. The Board has
included in Subpart B a provision stating that the
burden is on the complainant to prove by a
preponderance of the evidence the degree to which
the respondent proximately caused or contributed to a
release or substantial threat of a release and the
degree to which performance or costs of a response
resulted from the respondent’s proximate cause or
contribution to the release or substantial threat of a
release.
Proposed Subpart C contains procedures for
participants who have agreed to allocate the entire
performance or costs of a response action among
'
4
themselves. The parties may elect to proceed to
mediation or elect to proceed with the Board
allocation proceeding. The Board has made changes
at proposed second notice clarifying that participants
can allocate among themselves 100% of the
performance or costs of a response.
To date, the Board has held six hearings in this
matter. Upon adoption of the proposed second
notice, a public comment period commenced where
interested parties could file comments with the Board.
Those comments were due on November 23, 1998.
For further questions regarding this matter, please
contact Cynthia Ervin at 217/524-8509; e-mail
address: cervin@pcb084r1.state.il.us
♦
oard Adopts Amendments In the Matter of:
Amendments to Requirements for Landscape
Waste Compost Facilities, 35 Ill. Adm. Code
830.203(c), 831.107, and 831.109(b)(3), R97-29
On November 19, 1998, the Board adopted
amendments to 35 Ill. Adm. Code 830.203(c),
831.107, and 831.109(b)(3) which set requirements
for landscape waste compost facilities. This
rulemaking arises out of a proposal filed on May 6,
1997, by two citizens, Dr. Renuka Desai and Susan
Garrett (proponents). On June 17, 1998, the Board
adopted a modified version of proponents’ proposal
for first-notice publication in the
Illinois Register
. 22
Ill. Reg. 11361 (July 3, 1998). On October 1, 1998,
the Board adopted for second-notice review by the
Joint Committee on Administrative Rules (JCAR).
On November 17, 1998, JCAR voted no objection to
the rules as proposed.
The Board’s final order is similar to the first-notice
order, but with some clarifying changes regarding the
amendment’s applicability. Generally, the rules
require certain composting areas established after
January 1, 1999, to be located at least one-eighth mile
from health care facilities, pre-school and child care
facilities and their associated recreational areas, and
primary and secondary school facilities and their
associated recreational areas. The rules also include
corresponding changes to requirements for site
location maps and other information in permit
applications.
The Board held three public hearings on the original
proposal: the first, in Chicago on September 8, 1997;
the second, in Springfield, on October 7, 1997; and
the third, in Chicago, on August 7, 1998. The Board
received numerous public comments before and
during the first-notice public comment period.
Any questions regarding this rulemaking may be
directed to Richard McGill at 312/814-6983; e-mail
address: rmcgill@pcb084r1.state.il.us
♦
oard Adopts Proposal for Public Comment in
Identical-In-Substance Rulemaking in In the
Matter of: SDWA Update, USEPA
Regulations (January 1, 1998, through June 30,
1998), R99-6
On November 19, 1998, the Board adopted a
proposal for public comment amendments to the
Illinois regulations that are identical in substance to
the National Primary Drinking Water regulations
(NPDWRs) adopted by the United States
Environmental Protection Agency (USEPA). Section
17.5 of the Environmental Protection Act (415 ILCS
5/17.5 (1996)) provides for quick adoption of
regulations that are identical in substance to federal
regulations that the USEPA adopts to implement
sections of the Safe Drinking Water Act (SDWA).
The regulations implement Sections 1412(b),
1414(c), 1417(a), and 1445(a) of the SDWA (42
U.S.C. §§ 300g-1(b), 300g-3(c), 300g-6(a), 300j-
4(a)). This consolidated docket includes federal
SDWA amendments that the USEPA adopted from
January 1, 1998, through June 30, 1998. See 63 Fed.
Reg. 23361 (April 28, 1998); 63 Fed. Reg. 31932
(June 11, 1998). The USEPA undertook two actions
during this period: a revision to the state primacy
requirements that included an expansion of the
definition of the term “public water system,” and the
removal of the prohibition against the use of point-of-
use devices to achieve compliance with an NPDWR.
The proposed amendments are found at 35 Ill. Adm.
Code 611.101, 611.290, and 611.126. The Board
will receive public comments on this proposal for a
period of 45 days following its publication in the
Illinois Register
. Comments should be addressed to
the Clerk of the Board.
Please direct any questions regarding this rulemaking
to Michael McCambridge at 312/814-6924; e-mail
address: mmccambr@pcb084r1.state.il.us
♦
%
%
5
oard Adopts Financial Responsibility Rules
for Lagoon Closure in In the Matter of:
Livestock Waste Regulations: 35 Ill. Adm.
Code 506, R97-15(B)
On November 4, 1998, the Board adopted rules
regarding financial responsibility for lagoon closure.
The rules implement Section 17 of the Livestock
Management Facilities Act (510 ILCS 77/17 (1998)),
which requires that owners of new or modified
livestock waste lagoons provide evidence of financial
responsibility for lagoon closure.
The rules require lagoon owners to have financial
assurance in place either by June 1, 1999, or before
the lagoon is placed in service, whichever is later.
This can be accomplished by posting a bond,
guarantee, commercial or private insurance, letter of
credit, or other “surety instrument” with a financial
institution such as a bank. This can also be
established by participating in a livestock waste
lagoon closure fund managed by the Illinois Farm
Development Authority. The rules also set forth
criteria for each of the six surety instruments, as well
as the procedures under which such instruments are
drawn. The initial term of the surety instrument must
be at least three years, and the term of coverage may
never be less than two years. This requirement is to
ensure that the lagoon can be closed within the
statutory time period (see 501 ILCS 77/15(e) (1998)).
The rules also include conditions under which a
lagoon is considered removed from service. Removal
from service triggers the lagoon owner’s obligation to
submit a closure plan to the Department of
Agriculture (Department). The rules provide that
surety liability is triggered if an owner fails to follow
an approved closure plan and does not cure
noncompliance within 30 days of notice from the
Department. Once surety liability is triggered, the
Department sends a notice to the financial institution,
which must then deposit the proceeds of the surety
instrument in an account upon which the Department
is authorized to draw for lagoon closure. The
Department uses the proceeds to close the lagoon.
Alternatively, the financial institution may assume
liability for lagoon closure itself.
The Board held hearings in Chicago on October 14,
1997, and in Springfield on October 21, 1997. On
May 21, 1998, the Board adopted a first-notice
proposal for publication in the
Illinois Register
. 22
Ill. Reg. 10102 (June 12, 1998). On September 17,
1998, the Board proposed for second-notice review
by the Joint Committee on Administrative Rules
(JCAR) amendments to 35 Ill. Adm. Code 506,
Livestock Waste Regulations
.
On October 20, 1998,
JCAR issued a certificate of no objection to the rules.
Any questions regarding this rulemaking may be
directed to Charles King at 312/814-6926; e-mail
address: cking@pcb084r1.state.il.us
♦
oard Adopts Proposal for Public Comment in
Identical-In-Substance Rulemaking in In the
Matter of: RCRA Subtitle D Update, USEPA
Regulations (January 1, 1998, through June 30,
1998), R99-1
On November 5, 1998, the Board adopted a proposal
for public comment in the identical-in-substance
rulemaking in In the Matter of: RCRA Subtitle D
Update, USEPA Regulations (January 1, 1998,
through June 30, 1998), R99-1. Section 22.40(a) of
the Environmental Protection Act (Act) (415 ILCS
22.40(a) (1996)) provides for quick adoption of
regulations that are identical in substance to federal
municipal solid waste landfill (MSWLF) regulations
that the United States Environmental Protection
Agency (USEPA) adopts to implement Sections 4004
and 4010 of the Resource Conversation and Recovery
Act (RCRA) (42 U.S.C. §§ 6944 and 6949a (1996)).
The federal action (see 63 Fed. Reg. 17706 (April 10,
1998)) that underlies this proceeding requires
amendment of the Illinois RCRA Subtitle D MSWLF
regulations. In that federal action, the USEPA
adopted amendments that allow private owners and
operators of MSWLF facilities to use two additional
mechanisms for establishing financial assurance for
facility closure, post-closure care, and corrective
action. The added mechanisms are a corporate
financial test for self-assurance and a corporate
guarantee by a guarantor that has a “substantial
business relationship” with the owner or operator. To
revise the Illinois regulations to incorporate the
federal amendments found at 40 C.F.R. §§ 258.74(e)
and (g), the Board proposed to add new Sections
811.719 and 811.720, respectively.
The Board also proposed amendments to Sections
811.707, 811.706, and 811.Appendix B to
incorporate the two new financial mechanisms into
Illinois’ rules. Finally, the Board proposes several
grammatical changes to the text of the amended rules.
Upon publication of the amendments in the
Illinois
Register,
a 45-day public comment period will begin.
%
%
6
Public comments may be directed to the Clerk of the
Board, Dorothy Gunn.
Any questions regarding this rulemaking may be
directed to Michael McCambridge at 312/814-6924;
e-mail address: mmccambr@pcb084r1.state.il.us
♦
$33(//$7(?83'$7(
The Village of Fox River Grove v. The Illinois
Pollution Control Board,
et al
., No. 97-156 (1998)
Second District Appellate Court Affirms Board’s
Permit Appeal Decision in The Village of Fox River
Grove v. IEPA (December 18, 1997), PCB 97-156
On November 5, 1998, the Illinois Appellate Court,
Second District, affirmed the Board’s decision in this
National Pollution Discharge Elimination System
(NPDES) permit appeal. In its December 18, 1997
decision, the Board affirmed the Illinois
Environmental Protection Agency’s (IEPA) permit
decision denying, in part, the Village of Fox River
Grove’s (Village) request to eliminate certain
restrictions in its NPDES for its wastewater treatment
facility (facility). The permit was issued to the
Village by the IEPA.
The case involved the interpretation of 35 Ill. Adm.
Code 304.120(c) regarding the establishment of
effluent standards, which served as the IEPA’s basis
for imposition of more stringent bio-oxygen demand
(BOD5) and total suspended solids (TSS) limits based
on the facility’s untreated waste load. In its opinion
affirming the IEPA’s permit decision, the Board
found that issuing a permit with effluent limitations
higher than 20 mg/L of BOD5 and 25 mg/L of
suspended solids would violate the provisions of
Section 304.120(b). The Board concluded that the
IEPA properly imposed the limitations set forth in
Section 304.120(b).
On appeal, the Village asserted that Section
304.120(b) does not require inclusion of stricter
effluent limits be included in the 1997 NPDES permit
than were contained in prior permits. The Village
also argued that the term “untreated waste load” as
used in Section 304.120(b) means the amount of
wastewater a treatment facility is designed to handle,
not the amount of water flow the plant is designed to
handle. The Village, therefore, contended that the
Board erred in concluding that the hydraulic capacity
of the facility instead of the organic loading should be
used to determine the facility’s untreated waste load.
The appellate court found that the Board correctly
determined that the facility’s hydraulic flow rather
than its organic loading should be used to determine
the population equivalents (PE) for purposes of
determining the applicability of the stricter effluent
limits set forth in Section 304.120(b). The court
looked to Section 301.345 which provides that the
impact on the facility is evaluated by the highest of
the three specified parameters: the flow of sewage,
the BOD5, and the TSS. The highest parameter is the
flow of sewage at 100 gallons per day. The court
found that, as the facility in this case is designed to
process 1.25 million gallons per day, the impact
would be measured at 12,500 PE, which would
require the facility to adhere to the stricter standard
set forth in Section 304.120(b).
The Village also alleged that, in light of the fact that
there have been no changes to the applicable
regulations or in the way the facility operates, both
the IEPA and the Board should be bound by the
IEPA’s prior interpretation of Section 304.120(b).
While prior to 1997, the IEPA had incorrectly
interpreted the language of Section 304.120(b), the
court found that the IEPA and the Board were are not
bound by that prior interpretation. The court noted
that requiring the Village to meet the stricter effluent
standards is more in keeping with the goal of the
Environmental Protection Act, rather than ignoring
the requirements of Section 304.120(b) by refusing
the correct the prior erroneous interpretation of that
section.
The appellate court chose to publish some, but not all
of this decision. The part affirming the Board’s
interpretation of its own rules will be published; the
part concerning the Board’s analysis of the effect of
the IEPA’s prior misinterpretation of Section
304.120(b) will not be published.
♦
ESG Watts, Inc. v. Pollution Control Board, Nos.
3-98-0231 and 3-98-0385 (November 1998)
Third District Appellate Court Dismisses Two
Appeals for Lack of Jurisdiction in People of the
State of Illinois v. ESG Watts, Inc. (February 5,
1998), PCB 96-107 and People of the State of Illinois
v. ESG Watts, Inc. (April 16, 1998), PCB 96-233
7
On November 11, 1998, the Illinois Appellate Court,
Third District, granted the Board’s motions to dismiss
the above-captioned appeals for lack of jurisdiction.
On February 5, 1998, and April 16, 1998,
respectively, the Board issued a final opinion and
order in People of the State of Illinois v. ESG Watts,
Inc. (February 5, 1998), PCB 96-107 and People of
the State of Illinois v. ESG Watts, Inc. (April 16,
1998), PCB 96-233. In these decisions, the Board
found that ESG Watts, Inc. violated various sections
of the Illinois Environmental Protection Act and
Board regulations in its operation of both the Taylor
Ridge landfill in Rock Island, County, and the Viola
landfill in Mercer County.
On March 20, 1998, and May 13, 1998, ESG Watts,
Inc. (Watts) filed petitions for review of the Board’s
decisions. The Board moved to dismiss the appeals
for lack of jurisdiction because Watts failed to name
the People of the State of Illinois as a respondent in
the petitions for appeal. The court agreed that
Sections 3-107 and 3-113 of the Administrative
Review Law (735 ILCS 5/3-107(b), 113(b) (1996))
and Illinois Supreme Court Rule 335(a) require that
the People of the State of Illinois be named as a
respondent because they were a necessary party to the
administrative review proceedings.
♦
West Suburban Recycling and Energy Center,
L.P. v. IEPA, Nos. 1-96-3923 and 1-96-4399
(November 1998)
First District Appellate Court Affirms in Part and
Reverses in Part the Board’s Decision and Orders
Issuance of Air and Land Permits in IEPA v. West
Suburban Recycling and Energy Center, L.P.,
(October 17, 1996), PCB 95-119 and PCB 95-125
(Consolidated)
On November 16, 1998, the Illinois Appellate Court,
First District, issued an opinion affirming in part and
reversing in part the Board’s decisions concerning air
and land permits denied by the Illinois Environmental
Protection Agency (IEPA). The permits requested by
West Suburban Recycling and Energy Center, L.P.’s
(WSREC) were necessary to implement its plan to
build a waste incinerator in the Villages of Summit
and McCook in Cook County. The effect of the
court’s order is to require the Agency to issue both an
air and land permit to WSREC.
Specifically, the court affirmed the Board’s decision
to remand the Agency’s denial of a land permit to the
IEPA with instructions to issue the land permit. The
court found that the Board’s land permit decision was
not against the manifest weight of the evidence. The
court also found that the Board correctly refused to
hear arguments from the IEPA regarding the alleged
differences between the facility proposed in
WSREC’s application and that approved by the local
city because the Environmental Protection Act (Act)
bars the IEPA from asserting, or the Board from
considering, arguments supporting a permit denial
that were not stated in the IEPA denial letter. Finally,
the court found that the Board did not improperly
impose special conditions upon the IEPA’s issuance
of the land permit.
The court reversed the Board’s decision affirming the
IEPA’s denial of the air permit and remanded the
matter to the Board with instructions to order the
IEPA to issue the air permit. The court found
convincing WSREC’s evidence that its proposed
system is the best available control technology for
NOx, dioxin/furan, and mercury emissions. The
court, therefore, concluded that this evidence
outweighs the IEPA’s assertions that another system
may provide superior control technology. Because
the emissions limits should not be set at levels which
could be exceeded simply as a matter of variability in
normal operations, the court found that the IEPA’s
decision to uphold denial point 1.b(2) in the air
permit was against the manifest weight of the
evidence.
Besides the substantive issues concerning the permit
appeals, the court also considered one important
jurisdictional issue. The court interpreted Section
40(a)(1) of the Act (415 ILCS 5/40(a)(1) (1996)) as
allowing an extension of the initial 35-day appeal
period for 90 days, rather than up to 90 days. The
effect of this interpretation is that the maximum
appeal period is 125 days (35-day initial appeal
period plus 90-day extension period), not a total of 90
days (35-day initial period plus 55-day extension
period).
♦
John P. Murphy and Paul Spicer,
et al
. v. Landfill,
L.L.C.,
et al
., No. 5-98-0443, (1998)
Fifth District Appellate Court Dismisses Appeal for
Want of Prosecution in Board Case Environmentally
Concerned Citizens Organization and Beth Finney v.
Landfill, L.L.C., et al. (May 7, 1998), PCB 98-98.
On November 4, 1998, the Illinois Appellate Court,
Fifth District, dismissed the appeal of John P.
8
Murphy and Paul Spicer,
et al
., for want of
prosecution. The appeal involved a May 7, 1998
Board decision approving the decision of the Saline
County Board of Commissioners to grant the siting of
a regional pollution control facility owned by
Landfill, L.L.C. and West End Disposal Facility.
Appellants’ brief was due on September 21, 1998;
however appellants failed to file a brief. The court
dismissed the appeal pursuant to Supreme Court Rule
343.
9
%2$5'?$&7,216??
♦
??
0
???????
???????
???????
RULEMAKINGS
R97-15(B)
In the Matter of: Livestock Waste Regulations, 35 Ill. Adm. Code 506 - The
Board adopted a final opinion and order in this rulemaking to amend the
financial assurance provisions of the Board’s livestock waste regulations.
7-0
R99-1
In the Matter of: RCRA Subtitle D Update, USEPA Regulations (January 1,
1998, through June 30, 1998) - The Board adopted a proposal for public
comments in this “identical-in-substance” rulemaking to amend the Board’s
hazardous waste disposal regulations.
7-0
ADMINISTRATIVE CITATIONS
AC 99-6
IEPA v. Lawrence County Disposal Centre, Inc. and S & S Grading of Illinois,
Inc. - The Board granted Lawrence County Disposal Centre, Inc.’s (County
Disposal) motion to reconsider and vacated the September 17, 1998 Board
order to the extent that it entered a default order against County Disposal. The
Board dismissed County Disposal from this matter, and again issued a default
order against S & S Grading of Illinois, Inc.
7-0
AC 99-8
IEPA v. William Burr and Shirley Burr - In response to a joint stipulation and
settlement agreement in this administrative citation action involving a Marion
County facility, the Board found respondents violated Section 21(p)(1) of the
Environmental Protection Act (415 ILCS 5/21(p)(1) (1996)) and ordered
respondents to pay a civil penalty of $500.
7-0
AC 99-11
IEPA v. Kenneth Dilenbeck - The Board found that this Henry County
respondent violated Sections 21(p)(1) and 21(p)(3) of the Environmental
Protection Act (415 ILCS 5/21(p)(1), 21(p)(3) (1996)) and ordered respondent
to pay a civil penalty of $1,000.
7-0
AC 99-12
IEPA v. Browning-Ferris Industries of Iowa, Inc. - The Board found that this
Rock Island County respondent violated Section 21(o)(5) of the Environmental
Protection Act (415 ILCS 5/21(o)(5) (1996)) and ordered respondent to pay a
civil penalty of $500.
7-0
ADJUDICATORY CASES
10
DECISIONS
PCB 97-92
People of the State of Illinois v. Victor G. Heuermann - The Board granted
relief from the hearing requirement of Section 31(c)(2) of the Environmental
Protection Act (415 ILCS 5/31(c)(2) (1996)), accepted a stipulation and
settlement agreement in this water enforcement action involving a Peoria
County facility, and ordered respondent to pay a civil penalty of $30,000, and to
cease and desist from further violations.
7-0
PCB 97-138
People of the State of Illinois v. LeRoy Cech d/b/a L & K American Wrecking -
The Board granted relief from the hearing requirement of Section 31(c)(2) of
the Environmental Protection Act
???? ???? ?????????? ???????
, accepted a
stipulation and settlement agreement in this air enforcement action involving a
????
County facility, and ordered respondent to pay a civil penalty of $2,000,
and to cease and desist from further violations.
7-0
PROVISIONAL VARIANCES
PCB 99-58
City of Du Quoin v. IEPA - Upon receipt of an Agency recommendation, the
Board granted this Perry County facility a 45-day provisional variance, subject
to conditions, from the limits for ammonia nitrogen, carbonaceous biochemical
oxygen demand and total suspended solids set
?????
in 35 Ill. Adm. Code
302.212, 304.141(a) and 304.120.
7-0
PCB 99-59
Mobil Oil Corporation v. IEPA - Upon receipt of an IEPA recommendation, the
Board granted a 30-day provisional variance to this Will County facility from
the 90-day limitation on the accumulation of hazardous wastes
? ?? ??? ????? ??
?? ???? ???? ???? ???????????
7-0
MOTIONS AND OTHER MATTERS
PCB 93-205
Safety-Kleen Corporation, Dolton Recycle Center v. IEPA - The Board granted
petitioner’s motion for withdrawal of this Resource Conservation and Recovery
Act permit appeal involving a Cook County facility
7-0
PCB 95-38
General Electric Company v. IEPA - The Board granted petitioner’s motion for
withdrawal of this National Pollutant Discharge Elimination System permit
appeal involving a Whiteside County facility.
7-0
11
PCB 96-62
PCB 97-181
Sequa Corporation, Precoat Metals Division v. IEPA - The Board granted
petitioner’s motion for withdrawal of these consolidated air permit appeals
involving the same Madison County facility.
7-0
PCB 97-121
Matteson WHP Partnership v. James W. Martin and Eva D. Martin, individually
and d/b/a Martin’s of Matteson- The Board denied respondent’s motion for
summary judgment in this citizen’s Resource Conservation and Recovery Act
enforcement action involving a Cook County facility.
7-0
PCB 97-203
People of the State of Illinois v. Spirco Environmental, Inc. - The Board granted
complainant’s motion for extension of time to file its brief.
7-0
PCB 98-57
Edward J. and Janina E. Klich v. Wal-Mart Stores, Inc. (Facility #1003) - The
Board granted the parties’ motion for withdrawal of this citizen’s noise
enforcement action involving a Kendall County facility.
7-0
PCB 98-130
Gilster-Mary Lee Corporation v. IEPA - The Board granted petitioner’s motion
for voluntary dismissal of this underground storage tank appeal involving a
Randolph County facility.
7-0
PCB 98-131
Gilster-Mary Lee Corporation v. IEPA - The Board granted petitioner’s motion
for voluntary dismissal of this underground storage tank appeal involving a
Randolph County facility.
7-0
PCB 98-168
Good-Wood Finishing Company/Serlin Iron & Metal Company, Inc. v. IEPA -
The Board granted petitioner’s motion for voluntary dismissal of this
underground storage tank appeal involving a Cook County facility.
7-0
PCB 99-8
Maple Investments, L.C. v. IEPA - The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal involving a Macon
County facility.
7-0
PCB 99-19
Anthony and Karen Roti, Paul Rosenstrock, and Leslie Weber v. LTD
Commodities - The Board granted respondent’s motion to dismiss in part and
denied it in part. The Board dismissed the alleged violation of Section 23 of the
Environmental Protection Act (Act) (415 ILCS 5/23 (1996)) from the
complaint. The remaining issues of alleged violations of Section 24 of the Act
and 35 Ill. Adm. Code 900.102, 901.102(a), 901.102(b), and 901.104 of the
Board’s noise regulations, will be addressed at hearing.
7-0
12
PCB 99-33
Brickyard Disposal & Recycling, Inc. v. IEPA - Having previously granted a
request for a 90-day extension, the Board dismissed the matter because no
permit appeal was timely filed on behalf of this Vermilion County facility.
7-0
PCB 99-52
Central Illinois Light Company v. IEPA - The Board granted this request for a
90-day extension of time to file a permit appeal on behalf of a Tazewell County
facility.
7-0
PCB 99-53
Deer Creek Mackinaw Community Unit School District #701 v. IEPA - The
Board granted this request for a 90-day extension of time to file a permit appeal
on behalf of a Tazewell County facility.
7-0
PCB 99-54
Sullivan Community Unit School District #300 v. IEPA - The Board granted
this request for a 90-day extension of time to file a permit appeal on behalf of a
Moultrie County facility.
7-0
PCB 99-55
People of the State of Illinois v. Symons 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 Cook
County facility, the Board ordered publication of the required newspaper notice.
7-0
PCB 99-56
Illinois State Toll Highway Authority v. IEPA (Lake Forest Oasis-West I-94,
South Bound) v. IEPA - The Board granted this request for a 90-day extension
of time to file an underground storage tank appeal on behalf of a Lake County
facility.
7-0
PCB 99-57
XCTC Limited Partnership v. IEPA - The Board granted this request for a 90-
day extension of time to file an underground storage tank appeal on behalf of a
Cook County facility.
7-0
13
%2$5'?$&7,216??
♦
??
0
???????
???????
????????
RULEMAKINGS
R97-16
In the Matter of: Proportionate Share Liability (35 Ill. Adm. Code 741) - For
the purpose of soliciting additional public comments, the Board adopted a
proposed second notice opinion and order in this rulemaking to establish
procedures for determining proportionate share liability in environmental
actions. The Board will accept public comments on the proposed second notice
through November 23, 1998.
6-1
Flemal
dissented
%2$5'?$&7,216??
♦
??
0
???????
???????
????????
RULEMAKINGS
R97-29
In the Matter of: Amendments to Requirements for Landscape Waste Compost
Facilities, 35 Ill. Adm. Code 830.203, 831.107, and 831.109(b)(3) - The Board
adopted a final opinion and order in this rulemaking to amend the location
standards for compost facilities to establish a setback requirement from schools,
hospitals, and various other facilities.
7-0
R99-6
In the Matter of: SDWA Update, USEPA Regulations (January 1, 1998,
through June 30, 1998) - The Board adopted a proposal for public comment in
this “identical-in-substance” rulemaking to amend the Board’s public water
supply regulations.
7-0
ADJUSTED STANDARDS
AS 98-4
In the Matter of: Petition of Sundstrand Corporation for an Adjusted Standard
from 35 Ill. Adm. Code 215.204(j)(3) - The Board granted petitioner’s motion
for withdrawal of this petition for an adjusted standard involving a Winnebago
County facility.
7-0
14
ADMINISTRATIVE CITATIONS
AC 99-13
County of Jackson v. Douglas Adams - The Board found that this Jackson
County respondent violated Section 21(p)(1) of the Environmental Protection
Act (415 ILCS 5/21(p)(1) (1996)) and ordered respondent to pay a civil penalty
of $500.
7-0
AC 99-14
County of Vermilion v. Illinois Landfills, Inc. - The Board found that this
Vermilion County respondent violated Sections 21(o)(12) of the Environmental
Protection Act (415 ILCS 5/21(p)(1) (1996)) and ordered respondent to pay a
civil penalty of $500.
7-0
ADJUDICATORY CASES
DECISIONS
PCB 99-41
White Cap, Inc. v. IEPA - The Board granted this Cook County facility a
variance, subject to conditions, from the testing requirements found at 35 Ill.
Adm. Code 218.105(b), 218.105(c), 218.207, and 218.211.
7-0
MOTIONS AND OTHER MATTERS
PCB 96-180
Environmental Site Developers, Inc. v. White & Brewer Trucking, Inc. - The
Board granted the parties’ joint motion to extend stay of proceedings until
February 16, 1999.
7-0
PCB 97-66
People of the State of Illinois v. D’Angelo Enterprises, Inc. - The Board granted
in part and denied in part both complainant’s and respondent’s motions for
summary judgment. The remaining issues in this Resource Conservation and
Recovery Act enforcement action involving a Cook County facility will be
addressed at hearing.
7-0
15
PCB 97-103
People of the State of Illinois v. State Oil Company, William Anest, an
individual f/d/b/a S & S Petroleum Products, Peter Anest, an individual f/d/b/a S
& S Petroleum Products, Charles Abraham, an individual, Josephine Abraham,
an individual, and Millstream Service, Inc. - The Board granted respondents
Anests’ motion to dismiss respondents Abrahams’ cross-claim. The Board
denied respondents Anests’ motion for summary judgment and, in doing so,
granted both complainant’s and the Anests’ motions to strike. The remaining
issues in this land and water enforcement action involving a McHenry County
facility will be addressed at hearing.
7-0
PCB 97-104
Continental Waste Industries of Illinois, Inc. v. IEPA - The Board granted
petitioner’s motion for voluntary dismissal of this land permit appeal involving a
Jefferson County facility.
7-0
PCB 98-61
People of the State of Illinois v. James Patton, an individual d/b/a A & J
Manufacturing - Upon receipt of a proposed stipulation and settlement
agreement and an agreed motion to request relief from the hearing requirement
in this Resource Conservation and Recovery Act enforcement action against a
Cook County facility, the Board ordered publication of the required newspaper
notice.
7-0
PCB 98-84
Scott Behrmann and Shelly Behrmann v. Okawville Farmers Elevator-St. Libory
- The Board struck complainants’ request for attorney fees and expert witness
fees, and denied the remaining issues presented in respondents’ motion to
dismiss. The remaining issues in this citizens’ noise enforcement action
involving a St. Clair County facility will be addressed at hearing.
7-0
PCB 98-89
People of the State of Illinois v. Fischer Crane Company - Upon receipt of a
proposed stipulation and settlement agreement and an agreed motion to request
relief from the hearing requirement in this Resource Conservation and Recovery
Act enforcement action against a Will County facility, the Board ordered
publication of the required newspaper notice.
7-0
PCB 98-151
John Boos & Company v. IEPA - The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal involving an
Effingham County facility.
7-0
PCB 98-156
Richard and Wilma Salyer v. IEPA - Board granted in part and denied in part
respondents’ motion for summary judgment. The remaining issues in this
underground storage tank appeal involving a DuPage County facility will be
addressed at hearing.
7-0
16
PCB 99-30
Lucille Wathen v. Daniel & Wendy Stryker - The Board granted complainant’s
motion to amend caption in this citizen’s noise enforcement action involving a
Cook County facility.
7-0
PCB 99-44
Butterick Company, Inc. v. IEPA - The Board granted petitioner’s motion to
consolidate this action with PCB 96-141 and accepted this underground storage
tank appeal involving a Cook County facility for hearing.
7-0
PCB 99-48
United States Department of the Interior-Crab Orchard National Wildlife
Refuge v. IEPA - The Board granted the Illinois Environmental Protection
Agency’s motion to correct the October 1, 1998 Board order.
7-0
PCB 99-60
The Pillsbury Company v. IEPA - The Board granted petitioner’s motion for
counsel to appear before the Board
pro hac vice
and accepted this trade secret
appeal
involving a Kane County facility.
7-0
PCB 99-61
Illinois State Toll Highway Authority (Schiller Park/O’Hare Oasis - East) v.
IEPA - The Board granted this request for a 90-day extension of time to file an
underground storage tank appeal on behalf of a Cook County facility.
6-0
PCB 99-62
Illinois State Toll Highway Authority (Des Plaines/Des Plaines Oasis) v. IEPA -
The Board granted this request for a 90-day extension of time to file an
underground storage tank appeal on behalf of a Cook County facility.
6-0
Melas
abstained
PCB 99-63
Estate of Sam Kugler v. IEPA - The Board granted this request for a 90-day
extension of time to file an underground storage tank appeal on behalf of a
Mercer County facility.
7-0
17
1(:?&$6(6
0
???????
???????
???????
99-52
Central Illinois Light Company v. IEPA - The
Board granted this request for a 90-day extension of
time to file a permit appeal on behalf of a Tazewell
County facility.
99-53
Deer Creek Mackinaw Community Unit School
District #701 v. IEPA - The Board granted this
request for a 90-day extension of time to file a permit
appeal on behalf of a Tazewell County facility.
99-54
Sullivan Community Unit School District #300
v. IEPA - The Board granted this request for a 90-day
extension of time to file a permit appeal on behalf of
a Moultrie County facility.
99-55
People of the State of Illinois v. Symons
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 Cook County facility,
the Board ordered publication of the required
newspaper notice.
99-56
Illinois State Toll Highway Authority v. IEPA
(Lake Forest Oasis-West I-94, South Bound) v. IEPA
- The Board granted this request for a 90-day
extension of time to file an underground storage tank
appeal on behalf of a Lake County facility.
99-57
XCTC Limited Partnership v. IEPA - The
Board granted this request for a 90-day extension of
time to file an underground storage tank appeal on
behalf of a Cook County facility.
AC 99-15
IEPA v. Donald Bauser - The Board
accepted an administrative citation against this Cass
County respondent.
AC 99-16
IEPA v. Jack Smothers d/b/a American
Iron & Metal Company - The Board accepted an
administrative citation against this Williamson
County respondent.
AC 99-17
IEPA v. Lawrence E. Smith Jr. and
Marilynn J. Smith - The Board accepted an
administrative citation against these Morgan County
respondents.
AC 99-18
IEPA v. Lawrence Griffith - The Board
accepted an administrative citation against this
Macoupin County respondent.
AS 99-4
In the Matter of: Petition of Sun Chemical
Corporation for an Adjusted Standard from 35 Ill.
Adm. Code 218.626(b) - The Board acknowledged
receipt of this petition for an adjusted standard from
certain requirements on behalf of a Cook County
facility and held it pending receipt of certificate of
publication.
1(:?&$6(6
0
???????
???????
????????
99-44
Butterick Company, Inc. v. IEPA - The Board
granted petitioner’s motion to consolidate this action
with PCB 96-141 and accepted this underground
storage tank appeal involving a Cook County facility
for hearing.
99-60
The Pillsbury Company v. IEPA - The Board
granted petitioner’s motion for counsel to appear
before the Board
pro hac vice
and accepted this trade
secret appeal
involving a Kane County facility.
99-61
Illinois State Toll Highway Authority (Schiller
Park/O’Hare Oasis - East) v. IEPA - The Board
granted this request for a 90-day extension of time to
file an underground storage tank appeal on behalf of a
Cook County facility.
99-62
Illinois State Toll Highway Authority (Des
Plaines/Des Plaines Oasis) v. IEPA - The Board
granted this request for a 90-day extension of time to
file an underground storage tank appeal on behalf of a
Cook County facility.
99-63
Estate of Sam Kugler v. IEPA - The Board
granted this request for a 90-day extension of time to
file an underground storage tank appeal on behalf of a
Mercer County facility.
18
99-64
Jean S. Dixon v. Joseph Behr & Sons, Inc. -
The Board held for a later duplicitous/frivolous
determination this citizen’s noise enforcement action
involving a Winnebago County facility.
99-65
People of the State of Illinois v. Cheetah
Cartage, Inc. - The Board accepted for hearing this
land enforcement action against a Kane County
facility.
99-66
People of the State of Illinois v. Dale Bennett -
The Board accepted for hearing this water
enforcement action against a Stark County facility.
AC 99-19
County of LaSalle v. Rachel Southcombe -
The Board accepted an administrative citation against
this LaSalle County respondent.
AS 99-5
In the Matter of: Petition of Abbott
Laboratories for an Adjusted Standard from 35 Ill.
Adm. Code 302.208 and 304.105 - The Board
acknowledged receipt of this petition for an adjusted
standard on behalf of a Lake County facility and held
it pending receipt of certificate of publication.
19
&$/(1'$5?2)?0((7,1*6
Date &
Time
Docket
Number
Case Name Location of Hearing
12/3/98
10:30am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 West Randolph Street
Suite 9-040
Chicago, IL
12/7/98
9:30 am
AC 98-4 County of Samgamon v. ESG Watts, Inc.
(Springfield Township/Sangamon County
Landfill) Sangamon County Docket No.
SCDPH 97-AC-1
Illinois Police Training Board, 3rd Floor
Conference Room
600 South Second Street
Springfield, IL
12/7/98
9:30 am
PCB 98-2 ESG Watts, Inc. (Sanamon Valley Landfill) v.
Sangamon County, Illinois
Illinois Police Training Board, 3rd Floor
Conference Room
600 South Second Street
Springfield, IL
12/8/98
9:30 am
AC 98-4 County of Samgamon v. ESG Watts, Inc.
(Springfield Township/Sangamon County
Landfill) Sangamon County Docket No.
SCDPH 97-AC-1
Illinois Police Training Board, 3rd Floor
Conference Room
600 South Second Street
Springfield, IL
12/8/98
9:30 am
PCB 98-2 ESG Watts, Inc. (Sanamon Valley Landfill) v.
Sangamon County, Illinois
Illinois Police Training Board, 3rd Floor
Conference Room
600 South Second Street
Springfield, IL
12/8/98
10:00 am
PCB 98-81 Charter Hall Homeowner’s Association and
Jeff Cohen v. Overland Transportation System,
Inc. and D.P. Cartage, Inc.
James R. Thompson Center,
100 West Randolph Street, Room 8-031
Chicago, IL
12/8/98
10:00 am
R99-8 In the Matter of: Permitting Procedures for the
Lake Michigan Basin: 35 Ill. Adm. Code 301
and 309.141
Pollution Control Board
Suite 402, Room 403
600 South Second Street
Springfield, IL
12/9/98
9:30 am
AC 98-4 County of Samgamon v. ESG Watts, Inc.
(Springfield Township/Sangamon County
Landfill) Sangamon County Docket No.
SCDPH 97-AC-1
Illinois Police Training Board, 3rd Floor
Conference Room
600 South Second Street
Springfield, IL
12/9/98
9:30 am
PCB 98-2 ESG Watts, Inc. (Sanamon Valley Landfill) v.
Sangamon County, Illinois
Illinois Police Training Board, 3rd Floor
Conference Room
600 South Second Street
Springfield, IL
12/9/98
10:00 am
PCB 98-81 Charter Hall Homeowner’s Association and
Jeff Cohen v. Overland Transportation
System, Inc. and D.P. Cartage, Inc.
James R. Thompson Center,
100 West Randolph Street, Room 8-033
Chicago, IL
12/17/98
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 West Randolph Street
Suite 9-040
Chicago, IL
20
12/17/98
1:00 pm
AS 99-3 Petition of Big River Zinc Corporation for
Adjusted Standard Under 35 Ill. Adm. Code
720.131(c)
St. Clair County Building
10 Public Square, Room 407
Belleville, IL
1/7/99
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Suite 9-040
Chicago, IL
1/21/99
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Suite 9-040
Chicago, IL
1/21/99
1:00 pm
R 99-10 Hospital/Medical/Infectious Waste
Incinerators: Adoption of 35 Ill. Adm. Code
229
James R. Thompson Center
100 W. Randolph Street
Suite 9-031
Chicago, IL
2/3/99
3:00 pm
R99-10 Hospital/Medical/Infectious Waste
Incinerators: Adoption of 35 Ill. Adm. Code
229
Illinois Pollution Control Board
600 S. Second Street
Suite 402
Springfield, IL
2/4/99
11:30 am
Illinois Pollution Control Board Meeting 600 S. Second Street
Suite 402
Springfield, IL
2/11/99
1:00 pm
R99-10 Hospital/Medical/Infectious Waste
Incinerators: Adoption of 35 Ill. Adm. Code
229
James R. Thompson Center
100 W. Randolph Street
Suite 9-040
Chicago, IL
2/18/99
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Suite 9-040
Chicago, IL
3/4/99
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Suite 9-040
Chicago, IL
3/18/99
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Suite 9-040
Chicago, IL
4/1/99
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Suite 9-040
Chicago, IL
4/15/99
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Suite 9-040
Chicago, IL
21
5/6/99
11:30 am
Illinois Pollution Control Board Meeting 600 S. Second Street
Suite 402
Springfield, IL
5/20/99
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Suite 9-040
Chicago, IL
6/3/99
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Suite 9-040
Chicago, IL
6/17/99
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Suite 9-040
Chicago, IL
7/8/99
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Suite 9-040
Chicago, IL
7/22/99
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Suite 9-040
Chicago, IL
8/5/99
11:30 am
Illinois Pollution Control Board Meeting 600 S. Second Street
Suite 402
Springfield, IL
8/19/99
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Suite 9-040
Chicago, IL
9/9/99
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Suite 9-040
Chicago, IL
9/23/99
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Suite 9-040
Chicago, IL
10/7/99
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Suite 2-025
Chicago, IL
10/21/99
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Suite 9-040
Chicago, IL
22
11/4/99
11:30 am
Illinois Pollution Control Board Meeting 600 S. Second Street
Suite 402
Springfield, IL
11/18/99
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Suite 9-040
Chicago, IL
12/2/99
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Suite 9-040
Chicago, IL
12/16/99
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 W. Randolph Street
Suite 9-040
Chicago, IL
,//,12,6?32//87,21?&21752/?%2$5'?0((7,1*?'$7(6
The following are regularly scheduled meetings of the Illinois Pollution Control Board.
REGULAR BOARD MEETING SCHEDULE FOR CALENDAR YEAR 1998/1999*
January 07
January 21
March 04
March 18
May 06*
May 20
July 08
July 22
February 04*
February 18
April 01
April 15
June 03
June 17
August 05*
August 19
All Chicago Board Meetings will be held at 10:30 am in Conference Room 9-040 except for those noted.
*All Springfield Board Meetings will be held in Suite 402.
The Illinois Pollution Control Board (IPCB) 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
Ronald C. Flemal
DeKalb
G. Tanner Girard
Grafton
Kathleen M. Hennessey
Western Springs
Marili McFawn
Inverness
Nicholas J. Melas
Chicago
Joseph Yi
Park Ridge
The
Environmental Register
is a newsletter published by the IPCB monthly, and contains updates on
rulemakings, descriptions of final decisions, the Board’s hearing calendar, and other environmental law
information of interest to the People of the State of Illinois.
Illinois Pollution Control Board Illinois Pollution Control Board
James R. Thompson Center 600 South Second Street
100 W. Randolph, Suite 11-500 Suite 402
Chicago, Illinois 60601 Springfield, Illinois 62704
(312) 814-3620 (217) 524-8500
Web Site: http://www.ipcb.state.il.us/
