AUGUST 1999
NUMBER 542
A PUBLICATION OF THE ILLINOIS POLLUTION CONTROL BOARD
INSIDE THIS ISSUE
RULEMAKING UPDATE
2
RULEMAKING UPDATE CONTINUED ON PAGE THREE
2
FEDERAL ACTIONS CONTINUED ON PAGE TWO
BOARD ACTIONS P. 5
NEW CASES P. 11
BOARD CALENDAR P. 13
U
nited States Environmental Protection
Agency Amends Application Requirements
for Publicly Owned Treatment Works
On August 4, 1999, the United States
Environmental Protection Agency (USEPA)
amended permit application requirements and
application forms for publicly owned treatment
works (POTW) and other treatment works treating
domestic sewage (TWTDS). 64 Fed. Reg. 42433
(August 4, 1999). TWTDS include those facilities
that generate sewage sludge, provide commercial
treatment of sewage sludge, manufacture a product
derived from sewage sludge, or provide disposal of
B
oard Adopts Amendments in In the Matter of: Permitting
Procedures for the Lake Michigan Basin: 35 Ill. Adm. Code 301,
302, and 309.141, R99-8
On August 19, 1999, the Board adopted amendments to 35 Ill. Adm.
Code 301, 302, and 309.141 regarding permitting procedures for the
Lake Michigan Basin in accordance with the National Pollutant Dis-
charge Elimination System (NPDES) program. The IEPA stated in its
July 28, 1998 proposal that these amendments are necessary to imple-
ment the federal Great Lakes Initiative (GLI) which was previously
In the Matter of: Conforming Amendments
for the Great Lakes Initiative: 35 Ill. Adm. Code 302.101, 302.105,
302.Subpart E, 303.443, and 304.222 (December 18, 1997), R97-25.
The proposal was filed pursuant to Section 27 of the Environmental
Protection Act (Act) (415 ILCS 5/27 (1998)).
FEDERAL ACTIONS
BOARD UPDATE
E
ffective August 20, 1999, Kathleen M. Hennessey resigned from her
position on the Board in order to accept a position as senior
environmental attorney with DaimlerChrysler Corporation in Auburn
Hills, Michigan. The Board thanks Board Member Hennessey for her years
of dedicated service to the Board and to the citizens of the State of Illinois.
She will be sorely missed. Everyone at the Board wishes Member
Hennessey continued success in her challenging new legal position. Also,
we wish her happiness as she moves closer to her family in Michigan.
O
n July 20, 1999, Governor Ryan signed SB
1105 into law as Public Act 91-214. This
legislation, introduced for the Pollution Control
Board, will increase the Board’s ability to hire
additional, highly qualified technical staff with the
scientific expertise necessary to handle the Board’s
impending caseload over the next several years.
Among other things, the Board will be required to
promulgate rules to implement stricter Clean Air Act,
Clean Water Act, and Safe Drinking Water Act
requirements recently adopted by the federal
government. Specifically, the bill exempts the Board’s
scientific technical positions from the State’s
Personnel Code so that the Board can pursue
individuals who are highly skilled in the very specific
fields required for the position.
2
IPCB LEGISLATION CONTINUED ON PAGE FOUR
Back to top
IPCB LEGISLATION
ENVIRONMENTAL REGISTER
2
FEDERAL ACTIONS
CONTINUED
The amendments adopted by the USEPA consolidate the
POTW application requirements, including information
regarding toxic monitoring, whole effluent toxicity testing,
industrial user and hazardous waste contributions, and sewer
collection system overflows. The most significant revisions
require toxic monitoring by major POTWs (and other
pretreatment POTWs) and limited pollutant monitoring by
minor POTWs.
The USEPA indicated that it has revised these regulations to
ensure that permitting authorities obtain the information
necessary to issue permits which protect the environment in
the most efficient manner. The forms are designed to make
it easier for permit applicants to provide the necessary
information with their applications and minimize the need
for additional follow-up requests from permitting authorities.
The USEPA expects the rule to reduce current annual
reporting and record keeping burdens by 21 percent, by
standardizing the forms to match information requests with
information needs.
U
nited States Environmental Protection Agency Amends
Standards for the Use or Disposal of Sewage Sludge
On August 4, 1999, the United States Environmental
Protection Agency (USEPA) amended existing regulations
regarding land application, surface disposal, and incineration
of sewage sludge. 64 Fed. Reg. 42551 (August 4, 1999).
The amendments are intended to (1) clarify existing regula-
tory requirements regarding operational standards for
pathogen and vector attraction reduction and provide
flexibility to the permitting authority and the regulated
community in complying with the minimum frequency of
monitoring requirements;.(2) make the incineration subpart
of the regulation totally self-implementing by providing
information on air dispersion modeling, incinerator testing
methods, and continuous emission monitors to the sewage
sludge incinerator owner or operator and; (3) modify the
current general pretreatment regulation for existing and new
sources of pollution by adding a concentration limit for total
chromium in land-applied sewage sludge and adding total
chromium to the list of pollutants that are eligible for a
removal credit issued by a wastewater treatment works
treating domestic sewage.
U
nited States Environmental Protection Agency Reaches
Settlement Agreement with JLM Chemicals, Inc., Plant
Located at 3350 West 131st Street in Blue Island, Cook
County, Illinois
On August 16, 1999, the United States Environmental
Protection Agency (USEPA) announced that it has reached a
settlement agreement with JLM Chemicals, Inc. (JLM) on
alleged violations of federal regulations regarding organic
hazardous air pollutants at JLM’s plant at 3350 West 131st
Street, Blue Island, Cook County, Illinois. JLM produces
two organic products: cumene and phenol. JLM has agreed
to pay a $40,000 penalty. The agreement resolves an
administrative complaint filed by the USEPA alleging JLM
had improperly installed all the required volatile organic
material control systems and did not notify the USEPA of its
compliance status. The violations were discovered by the
UPSEA inspector in June 1997.
Cumene, at room temperature, is a colorless liquid that has a
sharp, penetrating odor. Short-term effects include dizziness,
skin and eye irritation, and skin rash. Noncarcinogenic long-
term effects include drying and cracking skin and damage to
lungs, liver, and kidneys. Phenol is a flammable, colorless or
white solid, which is mainly sold and used as a liquid for
making plastics, disinfectants, and medical products. It has
an irritating, sweet, strong odor. Repeated exposure to low
levels of phenol in drinking water has been linked to diarrhea
and mouth sores in humans.
For more information about this settlement agreement, please
contact Karl Karg at USEPA, Region V, Office of Regional
Counsel, 312/886-7948.
U
nited
States Environmental Protection Agency Issues
Draft Guidance Manual and Example of a National
Pollutant Discharge Elimination System Permit for Concen-
trated Animal Feeding Operations
On August 25, 1999, the United States Environmental
Protection Agency (USEPA) issued a draft guidance manual
and example of a national pollutant discharge elimination
system (NPDES) permit for concentrated animal feeding
operations (CAFOs). 64 Fed. Reg. 46390 (August 25, 1999).
The draft guidance was published to meet one of USEPA’s
key action items in the United States Department of Agricul-
ture (USDA) and the USEPA Unified National Strategy for
Animal Feeding Operations, (Unified National Strategy),
released in March 1999. The draft guidance is intended to
provide assistance to the USEPA and state permit writers,
who are responsible for issuing NPDES permits to reduce
risk to water quality and human health from CAFOs.
3
August 1999
RULEMAKING UPDATE
CONTINUED
The Unified National Strategy set forth a range of flexible,
common-sense actions that the USDA and the USEPA plan
to take over a multi-year period to promote proper manage-
ment of animal manure and wastewater in order to mini-
mize the water quality and public health impacts of CAFOs.
In the short-term, the USEPA states that it is focused on
improving implementation of the NPDES permitting
program consistent with existing regulations. Over the
long-term, the USEPA states that it plans to revise its
regulations to reflect substantial changes in the animal
production industry.
A key objective of both the Unified National Strategy and
the draft guidance is to accelerate issuance of sound, legally
defensible NPDES permits for large CAFOs (
e.g.
, opera-
tions with greater than 1,000 animal units) by January 2000.
The USDA is in the process of developing a companion
document that will provide guidance on how to develop
sound comprehensive nutrient management plans, which
the USEPA and the state permitting authorities will incorpo-
rate into NPDES permits as special conditions.
Written comments should be submitted by October 25,
1999 to: Gregory Beatty, USEPA, 401 M Street, SW, Mail
Code 4203, Washington, DC 20460. Submit electronic
comments to: beatty.gregory@epa.gov
Section 309.141(h)(6), the next step in the process, sets forth
a simple mass balance formula for calculating a projected
effluent limitation (PEL) giving consideration to the water
quality standard, relative flowrates of effluent and receiving
water, dilution allowance and the background concentration
of the parameter. Section 309.141(h)(7) sets forth the
conditions under which a water quality based effluent limits
or certain monitoring requirements must be included in the
NPDES permit based upon a comparison of PEQ and PEL.
Finally, the Board adopted amendments to 35 Ill. Adm. Code
302 to correct typographical errors in docket R97-25
identified by the Joint Committee on Administrative Rules
(JCAR). The Board therefore proposed only nonsubstantive
typographical amendments to Part 302.
Two hearings were held in this matter: the first, on October
5, 1998, in Chicago; and the second, on December 8, 1998,
in Springfield. On December 17, 1998, the Board denied a
motion to dismiss this docket filed by the Illinois Environ-
mental Regulatory Group and supported by the Chemical
Industry Council of Illinois. On March 4, 1999, the Board
adopted the amendments for first-notice publication in the
Illinois Register
(see 22 Ill. Reg. 3563 (March 26, 1999)).
Section 309.141(h)(2) specifies an acceptable additive risk
level of one in 100,000 for establishing Tier I criteria and
Tier II values for combinations of substances exhibiting
carcinogenic or other nonthreshold toxic mechanisms.
Section 309.141(h)(3) sets forth the conversion factors to be
used in translating between water quality standards, criteria
or values for metals expressed in either the dissolved form or
as total amount recoverable.
Section 309.141(h)(4) together with 35 Ill. Adm. Code
352.Subpart D provide guidance to the IEPA in choosing
which pollutants require water quality based effluent limits
and, if required, at what level in NPDES permits. Subsec-
tion (h)(4)(A) specifically provides the first step in the
process which involves the estimation of projected effluent
quality (PEQ) of a parameter in the discharge of a facility,
taking into account the chronic or acute exposure periods of
the standard, criteria or value. If the PEQ for a parameter is
greater than the water quality standard, criteria or value for
that parameter, the next step involves the consideration of
dilution and mixing in accordance with Section
309.141(h)(5), which allows for such consideration based on
the degree of treatment.
The amendments update the citation to the Code of Federal
Regulations at Section 301.105, adding specialized defini-
tions that are contained in the IEPA’s rule at Section
352.104, and adding implementation procedures under
Section 309.141(h). The amendments to the incorporations
by reference under Section 301.105(c) update the citation to
40 C.F.R. § 136 to reflect the 1996 edition of the federal
rules, which contain approved test methods, and add a new
incorporation by reference to a test procedure specified in 40
C.F.R. § 132. The definitions are, for the most part, derived
from the federal GLI regulations at 40 C.F.R. § 132.2.
The adopted procedures for the implementation of the
federal GLI are set forth at 35 Ill. Adm. Code 309.141(h).
Section 309.141(h)(1) provides that the Total Maximum
Daily Loads (TMDL) or the Waste Load Allocations (WLA)
will be set either through the Lake Michigan Lakewide
Management Plan or the remedial action plan for an area of
concern. This provision is consistent with the federal GLI
procedure concerning TMDL and WLA at 40 C.F.R. § 132.
ENVIRONMENTAL REGISTER
4
Board Dismisses Reserved Identical-In-Substance
Rulemaking Dockets, R00-1, R00-2, R00-3, R00-4,
and R00-6
O
n August 19, 1999, the Board dismissed as
unnecessary five reserved identical-in-substance
rulemaking dockets: In the Matter of: Exemptions from
the Definition of VOM Update, USEPA Regulations
(January 1, 1999, through June 30, 1999), R00-1; In the
Matter of: SDWA Update, USEPA Regulations (January
1, 1999, through June 30, 1999), R00-2; In the Matter
of: UIC Update, USEPA Regulations (January 1, 1999,
through June 30, 1999), R00-3; In the Matter of: RCRA
Subtitle D Update, USEPA Regulations (January 1, 1999,
through June 30, 1999), R00-4; and In the Matter of:
UST Update, USEPA Regulations (January 1, 1999,
through June 30, 1999), R00-6.
Public Act 91-214, supported by both environmental and busi-
ness groups, was included as a recommendation by Governor
Ryan’s Environment and Natural Resources Transition
Committee in January 1999, and reflects Pollution Control Board
Chairman Claire Manning’s commitment to strengthening the
Board’s technical expertise as the Board’s workload becomes ever
more complex into the next decade. Because the bill will not
become effective until January 1, 2000, the Board will begin
taking applications this fall and expects to fill the position by the
beginning of the new year. Individuals interested in the position
should contact either Anand Rao in the Board’s Chicago Office or
Karen Newbold in the Board’s Springfield Office.
IPCB LEGISLATION
CONTINUED
In each program, the United States Environmental Protec-
tion Agency (USEPA) did not amend its rules during the
update period from January 1, 1999 through June 30, 1999.
Accordingly, no Board action was required so each
reserved docket was dismissed. Section 7.2 of the Environ-
mental Protection Act (Act) (415 ILCS 5/7.2 (1998))
requires the Board to adopt regulations which are identical
in substance to regulations adopted by the USEPA. The
term identical in substance is defined at Section 7.2 of the
Act.
5
August 1999
PCB 00-18
Commonwealth Edison Company (Dresden Power Station) v. IEPA - Upon receipt of an Agency recommen-
dation, the Board granted this Grundy County facility a 45-day provisional variance, subject to conditions, from certain
thermal effluent discharge requirements, as set forth in 35 Ill. Adm. Code 302.211 and 304.141(b) of the Board’s water
regulations and in the Board’s order, In the Matter of: 410 (c) Petition for Dresden Nuclear Generating Station (July 8,
1981), PCB 79-134.
Vote 7-0
PCB 00-19
Commonwealth Edison Company (LaSalle Generation Station) v. IEPA - Upon receipt of an Agency
recommendation, the Board granted this LaSalle County facility a 45-day provisional variance, subject to conditions,
from certain thermal effluent discharge requirements, as set forth in 35 Ill. Adm. Code 302.211 and 304.141(b) of the
Board’s water regulations, and National Pollutant Discharge Elimination System Permit No. IL00048151.
Vote 7-0
AS 00-1
In the Matter of: Petition of Horsehead Resource Development Company, Inc. for an Adjusted Standard Under
35 Ill. Adm. Code 720.131 (c) - The Board dismissed petitioner’s request for an adjusted standard involving a Cook
County facility for failure to cause the required publication under Section 28.1(d)(1) of the Illinois Environmental
Protection Act of newspaper notice of the petition’s timely filing.
Vote 7-0
ADJUSTED STANDARD
ADJUDICATORY CASES
DECISIONS
PCB 99-38
Lawrence C. Sweda v. Outboard Marine Corporation and the City of Waukegan - The Board found no
violation of the Illinois Environmental Protection Act or the Board’s noise regulations in this citizen’s noise enforcement
case involving a Lake County facility.
Vote 7-0
PROVISIONAL VARIANCES
PCB 99-136 and PCB 99-139
Sierra Club, Midewin Tallgrass Prairie Alliance, Audubon Council of Illinois and Illinois
Audubon Society v. Will County Board and Waste Management of Illinois, Inc., and Land and Lakes Company v. Will
County Board and Waste Management of Illinois, Inc. - The Board affirmed the decision of the Will County Board
granting pollution control facility siting approval to Waste Management of Illinois, Inc., for the proposed Prairie View
Landfill facility, to be located on the former Joliet Army Arsenal site.
Vote 6-0 McFawn and Hennessey concurred
Girard abstained
BOARD ACTIONS
CHICAGO, ILLINOIS
AUGUST 5, 1999
ENVIRONMENTAL REGISTER
6
PCB 98-111
County of Boone and the City of Belvidere v. IEPA - The Board granted petitioners’ motion for voluntary
dismissal of this permit appeal involving a Boone County facility.
Vote 7-0
PCB 99-30
Lucille Wathen v. Robert Stryker and Wendy Stryker - The Board denied respondent’s motion to dismiss
and ordered that this citizen’s noise enforcement action involving a Cook County facility to proceed to hearing.
Vote 7-0
Hennessey concurred
PCB 99-71
Carl Brunson and Nina Brunson v. MCI WorldCom, Inc. and IXC Carrier, Inc. - The Board granted com-
plainants’ motion for voluntary dismissal of this citizens’ noise enforcement action involving a Jasper County facility.
Vote 7-0
PCB 99-173
Z-Frank Oldsmobile, Inc. v. IEPA - Having previously granted a request for a 90-day extension, the Board
dismissed the matter because no underground storage tank appeal was timely filed on behalf of this Cook County
facility.
Vote 7-0
PCB 99-175
Prairie Central Co-Op v. IEPA - Having previously granted a request for a 90-day extension, the Board
dismissed the matter because no underground storage tank appeal was timely filed on behalf of this Livingston County
facility.
Vote 7-0
PCB 99-176
C&J Auto Parts, Inc. v. IEPA - Having previously granted a request for a 90-day extension, the Board
dismissed the matter because no underground storage tank appeal was timely filed on behalf of this Cook County
facility.
Vote 7-0
PCB 99-190
Humane Manufacturing, L.L.C. v. IEPA - The Board denied petitioner’s motion for stay.
Vote 7-0
MOTIONS AND OTHER MATTERS
PCB 97-157
R. Lavin & Sons, Inc. v. IEPA - The Board granted petitioner’s motion for voluntary dismissal of this
permit appeal involving a Lake County facility.
Vote 7-0
PCB 00-20
Kincaid Generation, L.L.C. v. IEPA - Upon receipt of an Agency recommendation, the Board granted this
Christian County facility a 45-day provisional variance, subject to conditions, from certain thermal effluent discharge
requirements, as set forth in 35 Ill. Adm. Code 303.502 and 304.141(b) of the Board’s water regulations, and National
Pollutant Discharge Elimination System Permit No. IL0002241.
Vote 7-0
PCB 00-21
Central Illinois Public Service Company d/b/a Ameren CIPS, Newton Generating Station v. IEPA - Upon
receipt of an Agency recommendation, the Board granted this Jasper County facility a 45-day provisional variance,
subject to conditions, from certain thermal effluent discharge requirements, as set forth in 35 Ill. Adm. Code 304.141(a)
of the Board’s water regulations, and in the Board’s order, Central Illinois Public Service Company (Newton Lake
Thermal Power Station) v. IEPA (June 5, 1997), PCB 97-159.
Vote 7-0
PCB 00-22
Norton Performance Plastics Corporation v. IEPA - Upon receipt of an Illinois Environmental Protection
Agency recommendation, the Board granted a nine day provisional variance to this Cook County facility from the 90-
day limitation on the accumulation of hazardous wastes, as set forth in 35 Ill. Adm. Code 722.134(b).
Vote 7-0
7
August 1999
PCB 00-14
Sequa Corporation, Precoat Metals Division v. IEPA - The Board accepted for hearing this permit appeal
involving a Cook County facility.
Vote 7-0
PCB 00-16
Horace Dodge, Inc. 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 Kane County facility.
Vote 7-0
PCB 00-17
Lonza, Inc. v. IEPA - The Board granted this request for a 90-day extension of time to file a permit appeal
on behalf of a Peoria County facility.
Vote 7-0
AUGUST 19, 1999
CHICAGO, ILLINOIS
RULEMAKINGS
R99-8
In the Matter of: Permitting Procedures for the Lake Michigan Basin: 35 Ill. Adm. Code 301 and 309.141 - The
Board adopted a final opinion and order in this rulemaking to amend the Board’s water regulations.
Vote 7-0
R00-1
In the Matter of: Exemptions from the Definition of VOM Update, USEPA Regulations (January 1, 1999 through
June 30, 1999) - The Board dismissed this reserved identical-in-substance docket because the United States Environmen-
tal Protection Agency did not amend its exemptions from the definition of volatile organic material regulations during the
update period of January 1, 1999 through June 30, 1999.
Vote 7-0
R00-2
In the Matter of: SDWA Update, USEPA Regulations (January 1, 1999 through June 30, 1999) - The Board
dismissed this reserved identical-in-substance docket because the two United States Environmental Protection Agency
amendments to its safe drinking water regulations during the update period of January 1, 1999 through June 30, 1999, did
not require Board action.
Vote 7-0
R00-3
In the Matter of: UIC Update, USEPA Regulations (January 1, 1999 through June 30, 1999) - The Board dis-
missed this reserved identical-in-substance docket because the United States Environmental Protection Agency did not
amend its underground injection control regulations during the update period of January 1, 1999 through June 30, 1999.
Vote 7-0
PCB 00-7
Glen Ellyn Storage Corporation 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 DuPage County facility.
Vote 7-0
PCB 00-10
Lampkin Leather v. IEPA - The Board granted this request for a 90-day extension of time to file an under-
ground storage tank appeal on behalf of a Cook County facility.
Vote 7-0
PCB 00-11
Bulkoa, Inc. 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.
Vote 7-0
PCB 00-12
Tenneco Packaging Service and Consumer Products, Inc. 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.
Vote 7-0
ENVIRONMENTAL REGISTER
8
R00-4
In the Matter of: RCRA Subtitle D Update, USEPA Regulations (January 1, 1999 through June 30, 1999) - The
Board dismissed this reserved identical-in-substance docket because the one United States Environmental Protection
Agency amendment to its non-hazardous waste regulations during the update period of January 1, 1999 through June 30,
1999, did not require Board action.
Vote 7-0
R00-6
In the Matter of UST Update, USEPA Regulations (January 1, 1999 through June 30, 1999) - The Board dis-
missed this reserved identical-in-substance docket because the United States Environmental Protection Agency did not
amend its underground storage tank regulations during the update period of January 1, 1999 through June 30, 1999.
Vote
7-0
ADMINISTRATIVE CITATION
AC 98-4
County of Sangamon v. ESG Watts, Inc. - The Board entered an order requiring respondent to pay $197.50 in
hearing costs and pay a civil penalty of $1,000. This order follows the Board’s interim order of June 17, 1999 which
found that this respondent had violated Sections 21(o)(6) and (o)(9) of the Environmental Protection Act (415 ILCS 5/
21(o)(6), (o)(9) (1998)) at respondent’s Sangamon County facility.
Vote7-0
PROVISIONAL VARIANCES
PCB 00-29
Village of Libertyville v. IEPA - Upon receipt of an Illinois Environmental Protection Agency recommenda-
tion, the Board granted this Lake County facility a 45-day provisional variance, subject to conditions, from the five-day
biochemical oxygen demand and suspended solids limits in 35 Ill. Adm. Code 304.141(a) and 35 Ill. Adm. Code 304.120,
and imposed by National Pollutant Discharge Elimination System Permit No. IL0029530.
Vote 7-0
PCB 00-30
City of Knoxville v. IEPA - Upon receipt of an Illinois Environmental Protection Agency recommendation,
the Board granted this Knox County facility a 45-day provisional variance, subject to conditions, from the excess flow
limits in 35 Ill. Adm. Code 304.141 and National Pollutant Discharge Elimination System Permit No. IL0022209.
Vote 7-
ADJUDICATORY CASES
DECISIONS
PCB 95-64
People of the State of Illinois v. Donald Pointer, Mitchell Holder, and Whiteway Sanitation, Inc. - The Board
granted relief from the hearing requirement of Section 31(c)(2) of the Environmental Protection Act (415 ILCS 5/31(c)(2)
(1998)), accepted a stipulation and settlement agreement in this land enforcement action involving a Jersey County
facility, ordered respondent to pay a civil penalty of $5,000, and to cease and desist from further violations.
Vote 7-0
PCB 98-122
People of the State of Illinois v. Stanley Latik - The Board granted relief from the hearing requirement of
Section 31(c)(2) of the Environmental Protection Act (415 ILCS 5/31(c)(2) (1998)), accepted a stipulation and settlement
agreement in this water enforcement action involving a Cook County facility, ordered respondent to pay a civil penalty of
$4,000, and to cease and desist from further violations.
Vote 7-0
9
August 1999
MOTIONS AND OTHER MATTERS
PCB 95-173
Chicago-Dubuque Foundry Corporation v. City of East Dubuque - The Board granted complainant’s motion for
voluntary dismissal of this citizen’s underground storage tank enforcement action involving a Jo Daviess County facility.
Vote 7-0
PCB 96-28
Freightliner of Chicago, Inc. v. IEPA - The Board granted petitioner’s motion for voluntary dismissal of this
underground storage tank appeal involving a DuPage County facility.
Vote 7-0
PCB 96-180
Environmental Site Developers, Inc. v. White & Brewer Trucking, Inc. - The Board granted the parties’ motion
to extend stay of proceedings.
Vote 7-0
PCB 97-50
Lionel Trepanier, Wes Wager, Maureen Minnick, Lorenz Joseph, Maxworks Garden Cooperative and Avi
Pandya v. Speedway Wrecking Company and the Board of Trustees of the University of Illinois - The Board affirmed the
hearing officer’s July 1, 1999 denial of the motion of complainants’ Trepanier and Wager for additional time to file initial
posthearing briefs. The Board allowed Trepanier and Wager 14 days in which to file briefs in reply to respondents’ joint
posthearing brief, filed on July 19, 1999.
Vote 7-0
PCB 97-53
People of the State of Illinois v. GBF Graphics, Inc. - 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.
Vote 7-0
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 found that the cross-complaint was not duplicitous. The Board found
that most of the cross-complaint was not frivolous, but struck the following as frivolous: Sections 12(f) and 57.12(a) of the
Environmental Protection Act (Act) (415 ILCS 5/12(a), 57.12(a) (1998)) claims, as well as respondents’/cross-complainants
Abrahams’ request for litigation costs, including expert witness fees and attorney fees. The Board denied the complainants /
cross-respondents’Anests’ motion to dismiss the Abrahams’ claims under Sections 21(a) and 21(d)(2) of the Act (415 ILCS
5/21(a), 21(d) (1998)), and denied as moot the Anests’ motion to dismiss the Abrahams’ Section 57.12(a) claim. The Board
denied the Anests’ motion to dismiss the cross-complaint on the grounds of res judicata.
Vote 6-1 Flemal dissented Kezelis
and Melas concurred
PCB 98-2
ESG Watts, Inc. v. Sangamon County Board - The Board denied petitioner’s motion to reconsider the Board June
17, 1999 order.
Vote 7-0
PCB 98-73
Village of Glendale Heights v. IEPA - The Board granted petitioner’s motion for voluntary dismissal of this
underground storage tank appeal involving a DuPage County facility.
Vote 7-0
PCB 99-183
Blake Oil Company v. IEPA - Having previously granted a request for a 90-day extension, the Board dismissed
this matter because no underground storage tank appeal was timely filed on behalf of this Ogle County facility.
Vote 7-0
PCB 99-184
National Fiber Glass Products v. IEPA - Having previously granted a request for a 90-day extension, the Board
dismissed this matter because no permit appeal was timely filed on behalf of this Will County facility.
Vote 7-0
PCB 99-194
People of the State of Illinois v. Alabama Metal Industries 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.
Vote 7-0
PCB 00-23
National Castings, Inc. 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.
Vote 7-0
PCB 00-26
Chester Sewage Treatment Plant (Permit No. 1999-AA-3593) v. IEPA - The Board granted this request for a 90-
day extension of time to file a permit appeal on behalf of a Randolph County facility.
Vote 7-0
PCB 00-27
Chester Sewage Treatment Plant (Permit No. IL0072931) v. IEPA - The Board granted this request for a 90-day
extension of time to file a permit appeal on behalf of a Randolph County facility.
Vote 7-0
PCB 00-28
Beelman Truck Company 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 Madison County facility.
Vote 7-0
10
NEW CASES
AUGUST 5, 1999
00-7 Glen Ellyn Storage Corporation 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 DuPage County
facility.
00-9 People of the State of Illinois v. Brake’s Enterprises,
Inc.
- The Board accepted for hearing this underground storage
tank enforcement action against a Champaign County facility.
00-10 Lampkin Leather 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.
00-11 Bulkoa, Inc. 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.
00-12 Tenneco Packaging Service and Consumer Products,
Inc. 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.
00-13 People of the State of Illinois v. Rieck’s Enterprises,
Inc., Daniel Rieck, individually, and as President of Rieck
Enterprises, Inc.
- The Board accepted for hearing this land
enforcement action against a Cook County facility.
00-14 Sequa Corporation, Precoat Metals Division v. IEPA
-
The Board accepted for hearing this permit appeal involving a
Cook County facility.
00-15 Village of Princeville, Illinois v. IEPA
- The Board held
for the Illinois Environmental Protection Agency recommenda-
tion this petition for a public water supply variance involving a
Peoria County facility.
00-16 Horace Dodge, Inc. 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 Kane County facility.
00-17 Lonza, Inc. v. IEPA
- The Board granted this request for
a 90-day extension of time to file a permit appeal on behalf of a
Peoria County facility.
00-18 Commonwealth Edison Company (Dresden Power
Station) v. IEPA
- Upon receipt of an Agency recommenda-
tion, the Board granted this Grundy County facility a 45-day
provisional variance, subject to conditions, from certain thermal
effluent discharge requirements, as set forth in 35 Ill. Adm.
Code 302.211 and 304.141(b) of the Board’s water regulations
and in the Board’s order, In the Matter of: 410 (c) Petition for
Dresden Nuclear Generating Station (July 8, 1981), PCB 79-
134.
00-19 Commonwealth Edison Company (LaSalle
Generation Station) v. IEPA
- Upon receipt of an
Agency recommendation, the Board granted this LaSalle
County facility a 45-day provisional variance, subject to
conditions, from certain thermal effluent discharge
requirements, as set forth in 35 Ill. Adm. Code 302.211
and 304.141(b) of the Board’s water regulations, and
National Pollutant Discharge Elimination System Permit
No. IL00048151.
00-20 Kincaid Generation, L.L.C. v. IEPA
- Upon
receipt of an Agency recommendation, the Board granted
this Christian County facility a 45-day provisional
variance, subject to conditions, from certain thermal
effluent discharge requirements, as set forth in 35 Ill.
Adm. Code 303.502 and 304.141(b) of the Board’s water
regulations, and National Pollutant Discharge Elimination
System Permit No. IL0002241.
00-21 Central Illinois Public Service Company d/b/a
Ameren CIPS, Newton Generating Station v. IEPA
-
Upon receipt of an Agency recommendation, the Board
granted this Jasper County facility a 45-day provisional
variance, subject to conditions, from certain thermal
effluent discharge requirements, as set forth in 35 Ill.
Adm. Code 304.141(a) of the Board’s water regulations,
and in the Board’s order, Central Illinois Public Service
Company (Newton Lake Thermal Power Station) v.
Illinois Environmental Protection Agency (June 5, 1997),
PCB 97-159.
00-22 Norton Performance Plastics Corporation v.
IEPA
- Upon receipt of an Illinois Environmental
Protection Agency recommendation, the Board granted a
nine day provisional variance to this Cook County facility
from the 90-day limitation on the accumulation of
hazardous wastes, as set forth in 35 Ill. Adm. Code
722.134(b).
AC 00-2 IEPA v. Hendricks Home Furnishings, Inc
. -
The Board accepted an administrative citation against this
Macoupin County respondent.
AC 00-3 County of Sangamon v. ESG Watts, Inc.
-
The Board accepted an administrative citation against this
Sangamon County respondent.
11
AC 00-4 County of Sangamon v. ESG Watts, Inc.
-
The Board accepted an administrative citation against this
Sangamon County respondent.
AC 00-5 County of Sangamon v. ESG Watts, Inc.
-
The Board accepted an administrative citation against this
Sangamon County respondent.
NEW CASES
AUGUST19, 1999
00-23 National Castings, Inc. 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.
00-24 The Ensign-Bickford Company v. IEPA
- No
action taken.
00-25 KRKH, Inc. v. IEPA
- No action taken.
00-26 Chester Sewage Treatment Plant (Permit No.
1999-AA-3593) v. IEPA
- The Board granted this request
for a 90-day extension of time to file a permit appeal on
behalf of a Randolph County facility.
00-27 Chester Sewage Treatment Plant (Permit No.
IL0072931) v. IEPA
- The Board granted this request for
a 90-day extension of time to file a permit appeal on
behalf of a Randolph County facility.
00-28 Beelman Truck Company 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
Madison County facility.
00-29 Village of Libertyville v. IEPA
- Upon receipt of
an Illinois Environmental Protection Agency recommen-
dation, the Board granted this Lake County facility a 45-
day provisional variance, subject to conditions, from the
five-day biochemical oxygen demand and suspended
solids limits in 35 Ill. Adm. Code 304.141(a) and 35 Ill.
Adm. Code 304.120, and imposed by National Pollutant
Discharge Elimination System Permit No. IL0029530.
00-30 City of Knoxville v. IEPA
- Upon receipt of an
Illinois Environmental Protection Agency recommenda-
tion, the Board granted this Knox County facility a 45-
day provisional variance, subject to conditions, from the
excess flow limits in 35 Ill. Adm. Code 304.141 and
National Pollutant Discharge Elimination System Permit
No. IL0022209.
AC 00-6 County of Sangamon v. ESG Watts, Inc.
- The
Board accepted an administrative citation against this
Sangamon County respondent.
AC 00-7 County of Sangamon v. ESG Watts, Inc.
- The
Board accepted an administrative citation against this
Sangamon County respondent.
AC 00-8 County of Sangamon v. ESG Watts, Inc
. - The
Board accepted an administrative citation against this
Sangamon County respondent.
AC 00-9 County of Will v. Steven F. Schmidt
- The Board
accepted an administrative citation against this Will County
respondent.
AS 00-2 In the Matter of: Petition of Horsehead Resource
Development Company, Inc. for an Adjusted Standard
Under 35 Ill. Adm. Code 720.131(c)
- The Board acknowl-
edged 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.
AS 00-3 In the Matter of: Petition of The Ensign-Bickford
Company for an Adjusted Standard from 35 Ill. Adm. Code
237.103
- The Board acknowledged receipt of this petition for
an adjusted standard from certain requirements on behalf of a
Union County facility and held it pending receipt of certificate
of publication.
AS 00-1 In the Matter of: Petition of Horsehead
Resource Development Company, Inc. for an Adjusted
Standard Under 35 Ill. Adm. Code 720.131 (c)
- The
Board dismissed petitioner’s request for an adjusted
standard involving a Cook County facility for failure to
cause the required newspaper publication under Section
28.1(d)(1) of the Illinois Environmental Protection Act
giving notice of the petition’s timely filing.
12
September
21
v
9:30 am
- PCB 99-191
People of the State of Illinois v.
Panhandle Eastern Pipe Line Company
Chicago, IL
22
v
9:30 am
- PCB 99-191
People of the State of Illinois v.
Panhandle Eastern Pipe Line Company
Chicago, IL
23
v
9:30 am - PCB 99-191
People of the State of Illinois v.
Panhandle Eastern Pipe Line Company
Chicago, IL
10:30 am
Pollution Control Board Meeting
Chicago, IL
October
5
v
9:30 am
- PCB 97-234
Antonio D.H. Nam v. Kikon Suh
Chicago, IL
6
v
9:30 am
- PCB 97-234
Antonio D.H. Nam v. Kikon Suh
Chicago, IL
7
v
10:30 am
Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street
Suite 2-025
Chicago, IL
19
v
9:30 am
- PCB 97-121
Matteson WHP Partnership v. James
W. Martin and Eva D. Martin
Chicago, IL
20
v
9:30 am
- PCB 97-121
Matteson WHP Partnership v. James
W. Martin and Eva D. Martin
Chicago, IL
21
v
9:30 am
- PCB 97-121
Matteson WHP Partnership v. James
W. Martin and Eva D. Martin
Chicago, IL
10:30 am
Pollution Control Board Meeting
Chicago, IL
November
4
v
11:30 am
Pollution Control Board Meeting
Springfield, IL
8
v
9:30 am -
PCB 99-82
Michael R. Pawlowski and Diane K.
Pawlowski v. David Johansen and Troy
Quinley, individually and d/b/a
Benchwarmers Pub, Inc.
Fire Station Community Room
320 West Locust Street
Fairbury, IL
9
v
9:30 am -
PCB 99-82
Michael R. Pawlowski and Diane K.
Pawlowski v. David Johansen and Troy
Quinley, individually and d/b/a
Benchwarmers Pub, Inc.
Fire Station Community Room
320 West Locust Street
Fairbury, IL
18
v
10:30 am
Pollution Control Board Meeting
Chicago, IL
December
2
v
10:30 am
Pollution Control Board Meeting
Chicago, IL
8
v
9:30 am -
PCB 93-191
People of the State of Illinois v. Lloyd
Wiemann d/b/a Wiemann Ice & Fuel; Lloyd
Wiemann, d/b/a Wiemann Ice & Fuel, Cross-
Complainants v. Texaco Refining & Market-
ing, Inc., and Eugene & Cheryl Halbrooks,
Cross-respondents
Illinois Pollution Control Board
Hearing Room 403
600 S. Second Street
Springfield, IL
9
v
9:30 am -
PCB 93-191
People of the State of Illinois v. Lloyd
Wiemann d/b/a Wiemann Ice & Fuel; Lloyd
Wiemann, d/b/a Wiemann Ice & Fuel, Cross-
Complainants v. Texaco Refining & Market-
ing, Inc., and Eugene & Cheryl Halbrooks,
Cross-respondents
Illinois Pollution Control Board
Hearing Room 403
600 S. Second Street
Springfield, IL
16
v
10:30 am
Pollution Control Board Meeting
Chicago, IL
CALENDAR OF MEETINGS
AND HEARINGS
All Chicago Board Meetings will be held at the
James R. Thompson Center, 100 W. Randolph
Street, Suite 9-040, unless otherwise noted. All
Springfield Board Meetings will be held at 600
S. Second Street, Hearing Room 403, unless
otherwise noted.
13
Claire A. Manning, Chairman
Springfield
Ronald C. Flemal
DeKalb
G. Tanner Girard
Grafton
Elena Z. Kezelis
Springfield
Marili McFawn
Inverness
Nicholas J. Melas
Chicago
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.
Illinois Pollution Control Board Members:
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
600 South Second Street
Suite 402
Springfield, Illinois 62704
(217) 524-8500
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
(312) 814-3620
(312) 814-6032 TDD
WEB SITE:
http://www.ipcb.state.il.us/
George H. Ryan, Governor
