APRIL 1999

NUMBER 538

A PUBLICATION OF THE ILLINOIS POLLUTION CONTROL BOARD

FEDERAL ACTIONS

INSIDE THIS ISSUE

RULEMAKING UPDATE

2

 

RULEMAKING UPDATE CONTINUED ON PAGE TWO

2

 

FEDERAL ACTIONS CONTINUED

ON PAGE TWO

STAFF UPDATE

U

nited States Environmental Protection

Agency Reaches Settlement With Borden

Chemical, Inc. Regarding Aurora, Kane County,

Illinois Facility

On April 9, 1999, the United States Environmen-

tal Protection Agency (USEPA) announced that it

had reached a settlement agreement with Borden

Chemical, Inc. (Borden), on alleged air violations

at Borden’s foundry and manufacturing plant lo-

cated at 1019 Jericho Road, Aurora, Kane County,

Illinois. Borden agreed to pay a $154,740 pen-

alty.

B

oard Adopts Proposal for Public Comment in Identical-in-Substance

Rulemaking, In the Matter of: RCRA Update, USEPA Regulations

(July 1, 1998, through December 31, 1998), R99-1

5

On April 8, 1999, the Board adopted proposed amendments to the Illinois

regulations that are “identical-in-substance” to hazardous waste regulations

that the United States Environmental Protection Agency (USEPA) adopted

to implement Subtitle C of the federal Resource Conservation and Recov-

ery Act of 1976 (RCRA Subtitle C) (42 U.S.C. §§ 6921

et seq.

(1998)).

The proposal incorporates several amendments that the USEPA adopted

during the period from July 1, 1998, through December 31, 1998. See 63

Fed. Reg. 42109 (August 6, 1998); 63 Fed. Reg. 47409 (September 4, 1998);

63 Fed. Reg. 50387 (September 21, 1998); 63 Fed. Reg. 51253 (September

24, 1998); 63 Fed. Reg. 56709 (October 22, 1998); 63 Fed. Reg. 65873

(November 30, 1998); and 63 Fed. Reg. 71225 (December 24, 1998). The

proposal also includes amendments adopted by the USEPA in 1999. See

64 Fed. Reg. 6806 (February 11, 1999).

Section 22.4(a) of the Environmental Protection Act (Act) (415 ILCS 5/

22.4(a) (1996)) provides for quick adoption of regulations that are “identi-

cal-in-substance” to federal regulations that the USEPA adopts to implement

Sections 3001 through 3005 of RCRA (42 U.S.C. §§ 6921-6925 (1998)).

Cynthia Ervin, formerly the Attorney Assistant

to Chairman Manning, has left the Board to as-

sume her new responsibilities as General Counsel

of the Illinois Department of Agriculture. Chair-

man Manning and the Board wish to thank Ms.

Ervin for the exceptional work she performed

during her tenure here. We know that she will

excel in her new position. Pat Szott, previously

Private Secretary to Members Dunham and Yi and

currently to Member Hennessey, retired effective

April 30. The Board wishes Ms. Szott a joyous

retirement.

BOARD ACTIONS P. 5

NEW CASES P. 8

BOARD CALENDAR P. 9

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ENVIRONMENTAL REGISTER

2

In September 1997, the USEPA notified Borden that it was

exceeding federally enforceable State limits on volatile organic

compounds (referred to as volatile organic material (VOM) in

Illinois) emissions from its foundry and manufacturing pro-

cess. The USEPA identified the violations during an inspec-

tion and through an information request. In February 1998,

the USEPA filed an administrative complaint against Borden,

alleging the company exceeded State VOM emission limits by

81 percent, as required by the Clean Air Act (42 U.S.C. §§

7401

et seq.

(1990)).

VOM combines in the atmosphere with other chemicals to form

ground-level ozone, which can cause breathing problems, re-

duced lung function, eye irritation, stuffy nose, and reduced

resistance to colds and other infections. Children, the elderly,

and people with chronic respiratory diseases are most sensi-

tive to the effects of ground-level ozone.

U

nited States Environmental Protection Agency Revokes

Federally-Promulgated Rules and Replaces Them With

Illinois Rules Previously Approved and Applicable to the

Stepan Company Millsdale Plant in Elwood, Will County

On April 16, 1999, the United States Environmental Protec-

tion Agency (USEPA) revoked the federally promulgated rules,

as they apply to the Stepan Company’s (Stepan) Millsdale Plant

in Elwood, Will County, and replaced them with the Illinois

rules that were previously approved and which apply to Stepan.

64 Fed. Reg. 18816 (April 16, 1999). On June 29, 1990 the

USEPA promulgated federal measures for stationary source

volatile organic material (VOM) control; these measures rep-

resented reasonably available control technology (RACT) for

certain emission sources located in Cook, DuPage, Kane, Lake,

McHenry, and Will counties. 55 Fed. Reg. 26814 (June 29,

1990). Subject sources were required to control 81 percent of

miscellaneous VOM emissions from manufacturing processes.

Stepan was subject to these federal stationary VOM control

measures.

At Stepan’s request, the USEPA agreed to reconsider its rule

as it applied to Stepan and on October 1, 1993, proposed a

site-specific rule for Stepan. 58 Fed. Reg. 51279 (October 1,

1993). The USEPA subsequently approved, as revisions to

the Illinois State Implementation Plan, three VOM rules sub-

mitted by the Illinois Environmental Protection Agency that

are applicable to Stepan’s VOM sources (see 35 Ill. Adm. Code

Subparts 218, 219). These are the rules which will replace the

revoked federal rules.

This final rule is effective June 15, 1999, unless written ad-

verse comments or a request for a public hearing are received

by May 17, 1999. Written comments can be mailed to: J.

Elmer Bortzer, Chief, Regulation Development Section, Air

Programs Branch (AR-18J), Air and Radiation Division,

USEPA, 77 West Jackson Boulevard, Chicago, Illinois 60604.

D

epartment of Justice Issues Notice of Proposed Partial

Consent Decree in United States v. USX Corp.,

et al.

,

Pertaining to the Yeoman Creek Landfill Superfund Site,

located in Waukegan, Lake County

On April 22, 1999, the Department of Justice, in accordance

with Section 122 of the Comprehensive Environmental Re-

sponse, Compensation, and Liability Act (42 U.S.C. §§ 9622

et seq

. (1980)), issued notice of a proposed partial consent de-

cree in United States v. USX Corp.,

et al.

, Civil No. 98 C 6389

(N.D. Ill.), pertaining to the Yeoman Creek Landfill Superfund

Site located in Waukegan, Lake County. 64 Fed Reg. 19804.

The proposed partial consent decree would resolve the United

States’ civil claims against eleven

de minimis

defendants named

in the action as provided in the consent decree. The settling

defendants are: Akzo Nobel Coatings, Inc.; Babson Brothers

Company; Commonwealth Edison Company; F.K. Pattern &

Foundry, Inc.; Kmart Corporation; North Shore Gas Company;

Pfanstiehl Corporation; Pfanstiehl Laboratories, Inc.; Sears,

Roebuck & Company; Waste Management of Illinois, Inc.;

and Waste Management of Wisconsin. Under the proposed

consent decree, the eleven settling defendants would pay a to-

tal of $290,000,000.

Comments regarding this proposed consent decree must be filed

by May 22, 1999, and should be addressed to: Assistant At-

torney General, Environment and Natural Resource Division,

United States Department of Justice, Washington, D.C. 20530,

and should refer to DOJ Reference Number 90-11-2-1315/1.

The federal RCRA Subtitle C regulations are found at 40 C.F.R.

260 through 266, 268, 270, 271, 273, and 279. Section 22.4(a)

also provides that Title VII of the Act and Section 5 of the

Administrative Procedure Act (5 ILCS 100/5-35, 5-40 (1996))

do not apply to the Board’s adoption of identical-in-substance

regulations. Accordingly, this rulemaking is not subject to first

or second-notice review by the Joint Committee on Adminis-

trative Rules.

The proposal for public comment adds new waste listings and

land disposal restrictions (LDRs) for petroleum wastes, as well

as certain exclusions from regulations as hazardous waste. The

proposal also changes the effective dates and adopted emer-

gency amendments to the LDRs applicable to certain carbam-

ate wastes and waste constituents. The proposal also amends

the LDR treatment standards applicable to spent potliners from

primary aluminum production.

The proposal amends the treatment, storage, and disposal fa-

cility standards to allow states to use mechanisms other than

permits to approve facility post-closure care plans and to al-

low the closure of certain units through the corrective action

program. Further, the proposal adopts new remedial action

plan requirements applicable to the treatment, storage, or dis-

posal of hazardous remediation wastes during cleanup actions.

RULEMAKING UPDATE

CONTINUED FROM PAGE ONE

FEDERAL ACTIONS

CONTINUED FROM PAGE ONE

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APRIL 1999

3

The proposal also adopts corrective and clarifying amendments

to the May 11, 1995 (60 Fed. Reg. 25492) universal waste

rule. The amendments correct aspects of the standards for spent

lead-acid battery management and the definition of small quan-

tity universal waste handler, and they clarify the export re-

quirements for destination facilities that are universal waste

handlers.

Finally, the proposal amends the exclusions from the defini-

tion of hazardous waste that will have the effect of deferring

regulation of certain materials as hazardous waste until Febru-

ary 13, 2001. The wastes affected are landfill leachate and

landfill gas condensate derived from previously-disposed pe-

troleum refining wastes.

The Board will accept public comments on this proposal for a

period of 45-days following its publication in the

Illinois Reg-

ister

. Public comments should be filed with the Clerk of the

Board. Please direct any questions regarding this proposal to

Michael McCambridge at 312/814-6924; e-mail address:

mmccambr@pcb084r1.state.il.us

B

oard Adopts Proposal for Public Comment in Identical-

in-Substance Rulemaking, In the Matter of: Wastewa-

ter Pretreatment Update, USEPA Regulations (July 1, 1998,

through December 31, 1998), R99-17

On April 15, 1999, pursuant to Sections 7.2 and 13.3 of the

Environmental Protection Act (Act) (415 ILCS 5/7.2, 13.3

(1996)), the Board proposed amendments to the Illinois waste-

water pretreatment regulations. The proposed amendments

establish new standards and guidelines under the Federal Wa-

ter Pollution Control Act (FWPCA) (33 U.S.C. §§ 1251

et seq.

(1996)) for the pesticide chemicals manufacturing industry and

the pharmaceutical manufacturing industry.

Section 13.3 of the Act provides for quick adoption of the regu-

lations that are “identical-in-substance” to federal wastewater

pretreatment regulations adopted by the United States Envi-

ronmental Protection Agency (USEPA) pursuant to Sections

307(b), (c), and (d) and 402(b)(9) of the FWPCA (33 U.S.C.

§§ 1317(b), (c), (d), 1342(b)(9) (1996)). Section 13.3 of the

Act also provides that Title VII of the Act and Section 5 of the

Administrative Procedure Act (5 ILCS 100/5-35, 5-40 (1996))

do not apply to this rulemaking. Accordingly, this rulemaking

is not subject to first or second-notice review by the Joint Com-

mittee on Administrative Rules.

The proposed rulemaking incorporates certain federal amend-

ments that occurred during the period of July 1, 1998, through

December 31, 1998. The federal wastewater pretreatment

regulations are found at 40 C.F.R. §§ 400-499. The USEPA

amended its wastewater pretreatment regulations four times

during that period (see 63 Fed. Reg. 39443 (July 22, 1998);63

Fed. Reg. 42238 (August 7, 1998); 63 Fed. Reg. 50388 (Sep-

tember 21, 1998); and 63 Fed. Reg. 64417 (November 20,

1998)). This rulemaking incorporates all of these actions ex-

cept the August 7, 1998 action, which the Board previously

incorporated in its most recent wastewater pretreatment up-

date docket, In the Matter of: Wastewater Pretreatment Up-

date, USEPA Regulations (January 1, 1998, through June 31,

1998) (March 18, 1999), R99-4. Although not enacted within

this docket’s stated time period, the Board also incorporated in

the proposal for public comment a March 4, 1999 federal ac-

tion promulgated by the USEPA (see 64 Fed. Reg. 10391

(March 4, 1999)).

The proposed amendments incorporate changes to the pretreat-

ment standards and new source performance standards for the

organic pesticide chemicals manufacturing industry. The new

standards increase the daily maximum and monthly average

emission levels of the pesticide active ingredient (PAI),

pendimethalin, based on actual industry monitoring data of the

effluent concentration of PAIs in wastewaters treated by full-

scale treatment systems. The proposal also amends limitations

of the discharge of pollutants into publicly owned treatment

works (POTWs) by existing and new pharmaceutical manu-

facturing facilities. The proposal revises the limitations and

standards for the “Fermentation,” “Extraction,” “Chemical

Synthesis,” and “Mixing, Compounding, and Formulating”

sub-categories and also eliminates the “Research” sub-category

for existing and new sources. In addition, the proposal revises

the effluent limitation guidelines for the best practicable con-

trol technology currently available for the “Rain Mills Point

Source” category. Finally, the proposal corrects typographical

errors and errors in rounding of several numerical limitations

which were adopted in the September 21, 1998 federal action.

The Board will accept public comments on this proposal for a

period of 45-days following its publication in the

Illinois Reg-

ister

. Public comments should be filed with the Clerk of the

Board. Please direct any questions regarding this proposal to

Karen Kavanagh at 312/814-6062; e-mail address:

kkavanag@pcb084r1.state.il.us

B

oard Adopts Second-Notice Opinion and Order in In the

Matter of: Nonhazardous Special Waste Hauling and the

Uniform Program: Amendments to 35 Ill. Adm. Code 809

(Pursuant to P.A. 90-219), R98-29

On April 15, 1999, the Board adopted for second-notice re-

view by the Joint Committee on Administrative Rules (JCAR)

amendments to 35 Ill. Adm. Code 809 regarding nonhazard-

ous special waste hauling. The Illinois Environmental Protec-

tion Agency (IEPA) proposed the amendments in response to

Public Act 90-219 (Pub. Act 90-219, eff. July 25, 1997) which

amended Sections 22, 22.01 and 22.2 of the Environmental

Protection Act (Act) (415 ILCS 5/22, 22.01, 22.2 (1996)) and

implements the Uniform State Hazardous Materials Transpor-

tation, Registration and Permit Program (Uniform Program).

The Uniform Program was adopted in response to federal

amendments to the Hazardous Materials Transportation Uni-

form Safety Act of 1990 and the Hazardous Materials Trans-

portation Authorization Act of 1994 (HMTAA).

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ENVIRONMENTAL REGISTER

4

The Uniform Program primarily affects Part 809 of the Board’s

rules, but there are also minor proposed changes to Parts 808,

811 and 855 in order to establish consistency with the revised

Part 809. In its proposal, the IEPA requested that the Board

bifurcate the regulations for transportation of hazardous and

nonhazardous special waste so that Illinois’ hazardous waste

regulations under the Uniform Program would comply with

the HMTAA.

With regard to changes in nonhazardous special waste permit-

ting, a new Subpart is proposed at Part 809 for the Uniform

Program while the remainder of Part 809 is modified slightly

to allow for the continued permitting of nonhazardous special

waste transporters. The IEPA’s proposal includes new lan-

guage in Part 809 so that a nonhazardous special waste trans-

porter is afforded due process if a permit is denied, and the

IEPA has a procedure to follow if a permit application is in-

complete. There are also two new proposed exemptions from

the nonhazardous special waste transport rules to avoid dupli-

cate and potentially contradictory transporting requirements

for transporters of potentially infectious medical waste and used

tires.

With regard to Uniform Program permitting, the proposed rules

provide that transporters of hazardous waste in Illinois must

have a Uniform Permit issued by the IEPA. Registration of

transporters is a base state system; a transporter applies to its

base state for its Uniform Permit and that base state reviews

the Uniform Permit applications. The proposed rules provide

that the Uniform Permit is valid for three years. The proposed

rules also allow the IEPA to enter into agreements with federal

agencies, national repositories, and other participating states

in order to issue reciprocal Uniform Permits that allow a trans-

porter to operate in all participating states. As a result, an in-

terstate transporter need only fill out one permit application,

as opposed to filing out numerous permit applications under

the old system. The transporter’s base state is responsible for

collecting the fees and distributing percentages of those fees

to other states participating in the program. The proposed rules

provide that the annual fee for the Uniform Permit is $250 for

any company designating Illinois as its base state and establish

an annual registration fee of $20 for each vehicle owned by a

company subject to a permit. The Uniform Program mandates

that the IEPA conduct audits to ensure that transporters are

accurately reporting their activity.

The Board also granted the IEPA’s request to sever the docket

by separating the rules on used oil transportation and used oil

management facilities from the rules on hazardous waste trans-

portation. See In the Matter of: Nonhazardous Special Waste

Hauling and the Uniform Program: Amendments to 35 Ill.

Adm. Code 809 (Pursuant to P.A. 90-219) (December 17,

1998), R98-29, slip op. at 1. The Board assigned the proposed

rules on used oil transportation and used oil management fa-

cilities to docket number R99-18.

Two hearings were held in this matter: the first, in Spring-

field, on July 21, 1998; and the second, in Chicago, on July 31,

1998. On December 17, 1998, the Board adopted the proposal

for first-notice publication in the

Illinois Register

(see 21 Ill.

Reg. 78 (January 4, 1999)). An additional hearing was held on

February 25, 1999, to discuss the Department of Commerce

and Community Affair’s decision not to conduct an economic

impact study pursuant to Public Act 90-489 (Pub. Act 90-489,

eff. January 1, 1998). No one testified at the February 25,

1999 hearing. No public comments were filed during the first-

notice public comment period. Upon JCAR’s consideration

of the proposal, the Board anticipates adoption of a final-no-

tice opinion and order.

Any questions regarding this rulemaking may be directed to

Joel Sternstein at 312/814-3665; e-mail address:

jsternst@pcb084rl.state.il.us

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APRIL 1999

5

APRIL 8, 1999

R99-15

In the Matter of: RCRA Update, USEPA Regulations (July 1, 1998, through December 31, 1998) -The Board adopted

a proposal for public comments in this “identical-in-substance” rulemaking to amend the Board’s hazardous waste disposal

regulations.

VOTE: 6-0

RULEMAKING

CHICAGO, ILLINOIS

R98-29

In the Matter of: Nonhazardous Special Waste Hauling and the Uniform Program: Amendments to 35 Ill. Adm. Code

809 (Pursuant to P.A. 90-219) - The Board adopted a second-notice opinion and order in this proposed rulemaking to amend the

Board’s nonhazardous special waste hauling regulations

.

 

VOTE: 7-0

R99-17

In the Matter of: Wastewater Pretreatment Update, USEPA Regulations (July 1, 1998 through December 31, 1998) -

The Board adopted a proposal for public comment in this “identical-in-substance” rulemaking to amend the Board’s wastewater

pretreatment regulations.

VOTE: 7-0

AS 99-3

In the Matter of: Petition of Big River Zinc Corporation for an Adjusted Standard from 35 Ill. Adm. Code 720.131(c)

The Board granted an adjusted standard with conditions to this St. Clair County facility, under 35 Ill. Adm. Code Part 720.131(c).

The Board determined that certain zinc oxide material recovered from electric arc furnace dust by a high metal recovery process

is not a Resource Conservation Recovery Act solid or hazardous waste.

VOTE: 7-0

AC 99-9

IEPA v. Terry Patrick - In response to a joint stipulation and settlement agreement in this administrative citation

action involving a Piatt County facility, the Board found respondent violated Section 21(p)(1) of the Environmental Protec-

tion Act (415 ILCS 5/21(p)(1) (1996)) and ordered him to pay a civil penalty of $500.

VOTE: 7-0

AC 99-34

Montgomery County v. Envotech Illinois, Inc. - The Board found that this Montgomery County respondent violated

Section 21(o)(10) of the Environmental Protection Act (415 ILCS 5/21(o)(10)(1996)), and ordered respondent to pay a civil

penalty of $500.

VOTE: 7-0

AC 99-35

IEPA v. Laidlaw Waste Systems, Inc. and Carl Ball III - The Board granted complainant’s motion to dismiss respon-

dent Carl Ball III, but found that Laidlaw Waste Systems, Inc. (respondent) violated Sections 21(o)(1) and 21(o)(12) of the

Environmental Protection Act (415 ILCS 5/21(o)(1), 21(o)(12) (1996)). Respondent was ordered to pay a civil penalty of

$1,000.

VOTE: 7-0

AC 99-37

IEPA v. C&L Tiling, Inc. -The Board granted complainant’s motion to withdraw this administrative citation.

VOTE: 7-0

CHICAGO, ILLINOIS

RULEMAKINGS

APRIL 15, 1999

ADJUSTED STANDARD

ADMINISTRATIVE CITATIONS

BOARD ACTIONS

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ENVIRONMENTAL REGISTER

6

PCB 97-54

People of the State of Illinois v. Capital Engineering & Manufacturing Company - 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 stipula-

tion and settlement agreement in this air enforcement action involving a Cook County facility, ordered respondent to pay a civil

penalty of $1

5,000

,

and to cease and desist from further violations.

VOTE: 7-0

PCB 97-203

People of the State of Illinois v. Spirco Environmental, Inc. - The Board found that this respondent violated various

sections of the Environmental Protection Act and Board regulations and ordered respondent to pay a civil penalty of $9,000.

Complainant was also ordered to submit an affidavit in support of its request for fees and costs by May 18, 1999.

VOTE: 7-0

PCB 99-80

Central Illinois Light Company (E.D. Edwards Generating Station) v. IEPA - The Board granted this Peoria County

facility a three year variance, subject to conditions, from the sulfur dioxide emissions limitations found at 35 Ill. Adm. Code

214.141.

VOTE: 7-0

PCB 99-144

United States Department of the Interior-Crab Orchard National Wildlife Refuge v. IEPA - Upon receipt of an

Illinois Environmental Protection Agency recommendation, the Board granted this Williamson County facility a 45-day provi-

sional variance, subject to conditions, from 35 Ill. Adm. Code 304.141(b) and 35 Ill. Adm. Code 309.102 which prohibit

discharges not specifically allowed by National Pollutant Discharge Elimination System permit, and Section 12(f) of the Envi-

ronmental Protection Act (415 ILCS 5/12(f) (1996)).

VOTE: 7-0

PCB 94-213

Wayne G. Busse and Wickersham & Associates, Inc. v. IEPA - The Board granted petitioners’ motion for volun-

tary dismissal of this underground storage tank appeal involving a Cook County facility.

VOTE: 7-0

PCB 94-277

Jerry Gleason Buick, Inc. v. IEPA - The Board granted petitioner’s motion for voluntary dismissal of this under-

ground storage tank appeal involving a Cook County facility.

VOTE: 7-0

PCB 96-114 | PCB 96-115 | PCB 96-116

Pete Georges Chevrolet, Inc. v. IEPA - The Board granted petitioner’s motion for

voluntary dismissal of these underground storage tank appeals involving a Cook County facility.

VOTE: 7-0

PCB 96-117

LaSalle National Trust, N.A., as Trustee under Trust Agreement dated January 10, 1966 and known as Trust No.

34565 v. Standard Bank and Trust Company, as Trustee under Trust Agreement dated July 17, 1995 and known as Trust No.

14929 and Capitol Bank and Trust, as Trustee under Trust Agreement dated March 12, 1993 and known as Trust No. 2421 - The

Board granted the parties’ joint motion for dismissal of this citizens’ land enforcement action involving a Cook County facility.

VOTE: 7-0

PCB 96-208

People of the State of Illinois v. Frank Merkendorfer and Phil Pinello - Upon receipt of a proposed stipulation and

settlement agreement and an agreed motion to request relief from the hearing requirement in this Resource Conservation Recov-

ery Act enforcement action against a DuPage County facility, the Board ordered publication of the required newspaper notice.

The Board also granted complainant’s motion to voluntarily dismiss respondent Belden Tools, Inc.

VOTE: 7-0

PCB 97-162 | PCB 97-163 | PCB 97-164 | PCB 97-165 | PCB 97-166 | PCB 97-204

Swearingin Services, Inc. v. IEPA - The

Board on its own motion, consolidated PCB 97-204 with these five previously consolidated cases, which have similar facts,

issues, and the same decision deadline date.

VOTE: 7-0

PCB 98-112

Ronald R. and Melody Kanaverskis v. M.A. Ghalayini and M.A. Ghalayini, Inc. - The Board granted complain-

ants’ motion to dismiss this citizens’ noise enforcement action involving a DuPage County facility.

VOTE: 7-0

PCB 99-27

People of the State of Illinois v. James and Carol Gilmer; James and Carol Gilmer v. CL Industries, Inc., Kraft Foods

Corporation and AC HUMKO Corporation - The Board granted third-party respondents’ motion to dismiss the third-party

complaint.

VOTE: 7-0

PCB 99-66

People of the State of Illinois v. Dale Bennett - Upon receipt of a proposed stipulation and settlement agreement and

an agreed motion to request relief from the hearing requirement in this water enforcement action against a Stark County facility,

the Board ordered publication of the required newspaper notice.

VOTE: 7-0

DECISIONS

PROVISIONAL VARIANCE

MOTIONS AND OTHER MATTERS

ADJUDICATORY CASES

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APRIL 1999

7

PCB 99-103

DynaChem, Inc. v. IEPA - The Board granted petitioner’s motion to file instanter and accepted for hearing this

Resource Conservation Recovery Act permit appeal involving a Vermilion County facility.

VOTE: 7-0

PCB 99-106

Rapers Gas 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 Lake County facility.

VOTE: 7-0

PCB 99-112

People of the State of Illinois v. Bi-Petro and Timberlake Transportation and Transfer, Inc. - The Board granted

respondent’s motion for extension of time.

VOTE: 7-0

PCB 99-118

Becks Auto Sales 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 Fayette County facility.

VOTE: 7-0

PCB 99-125

Terrence G. Graf, Joe and Marcella Graf v. Valiquet, Inc., Emerald Landscaping and CPK Landscaping - The

Board found that, pursuant to Section 103.124(a), the pollution allegations, were neither duplicitous nor frivolous. The com-

plainants were ordered to file proof of service with the Clerk of the Board within 14 days of the date of this order.

VOTE: 4-3

FLEMAL, GIRARD, AND MELAS DISSENTED

PCB 99-132

Ted Harrison Oil 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 Cass County facility.

VOTE: 7-0

PCB 99-133

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 99-135

Remote Services, Inc. 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 Vermilion County facility.

VOTE: 7-0

PCB 99-136

Sierra Club, Midewin Tallgrass Prairie Alliance, Audubon Council of Illinois, and Illinois Audubon Society v.

Will County and Waste Management, Inc. - The Board accepted for hearing and consolidated the following third-party appeals

for hearing: PCB 99-136, PCB 99-139, and PCB 99-140. The Board also accepted PCB 99-141 for hearing. All four appeals

involve the same Will County pollution control facility. The County was ordered to file its record on or before May 19, 1999.

VOTE: 6-0 | GIRARD ABSTAINED

PCB 99-137

Seitz 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 Lake County facility.

VOTE: 7-0

PCB 99-138

Hancock Service Company v. IEPA - The Board accepted for hearing this tax certification appeal involving a

Hancock County facility.

VOTE: 7-0

PCB 99-139

Land and Lakes Company v. Will County Board and Waste Management of Illinois, Inc. - The Board accepted for

hearing and consolidated the following third-party appeals for hearing: PCB 99-136, PCB 99-139, and PCB 99-140. The Board

also accepted PCB 99-141 for hearing. All four appeals involve the same Will County pollution control facility. The County

was ordered to file its record on or before May 19, 1999.

VOTE: 6-0 | GIRARD ABSTAINED

PCB 99-140

Kathleen Konicki v. The County of Will and Waste Management of Illinois, Inc. - The Board accepted for hearing

and consolidated the following third-party appeals for hearing: PCB 99-136, PCB 99-139, and PCB 99-140. The Board also

accepted PCB 99-141 for hearing. All four appeals involve the same Will County pollution control facility. The County was

ordered to file its record on or before May 19, 1999.

VOTE: 6-0 | GIRARD ABSTAINED

PCB 99-141

Waste Management of Illinois, Inc. v. Will County Board - The Board accepted for hearing and consolidated the

following third-party appeals for hearing: PCB 99-136, PCB 99-139, and PCB 99-140. The Board also accepted PCB 99-141

for hearing. All four appeals involve the same Will County pollution control facility. The County was ordered to file its record

on or before May 19, 1999.

VOTE: 6-0 | GIRARD ABSTAINED

PCB 99-143

People of the State of Illinois v. Heritage Environmental Services, LLC - Upon receipt of a proposed stipulation

and settlement agreement and an agreed motion to request relief from the hearing requirement in this land and water enforce-

ment action against a Cook County facility, the Board ordered publication of the required newspaper notice.

VOTE: 7-0

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ENVIRONMENTAL REGISTER

8

99-132

Ted Harrison Oil 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 Cass County facility.

99-133

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.

99-134

People of the State of Illinois v. Peabody Coal Company

The Board accepted for hearing this water enforcement action

against a Gallatin County facility.

99-135

Remote Services, Inc. v. IEPA - The Board granted this

request for a 90-day extension of time to file an underground stor-

age tank appeal on behalf of a Vermilion County facility.

99-136

Sierra Club, Midewin Tallgrass Prairie Alliance, Audubon

Council of Illinois, and Illinois Audubon Society v. Will County

and Waste Management, Inc. - The Board accepted for hearing and

consolidated the following third-party appeals for hearing: PCB 99-

136, PCB 99-139, and PCB 99-140. The Board also accepted PCB

99-141 for hearing. All four appeals involve the same Will County

pollution control facility. The County was ordered to file its record

on or before May 19, 1999.

99-137

Seitz Corporation v. IEPA - The Board granted this re-

quest for a 90-day extension of time to file an underground stor-

age tank appeal on behalf of a Lake County facility.

99-138

Hancock Service Company v. IEPA - The Board accepted

for hearing this tax certification appeal involving a Hancock

County facility.

99-139

Land and Lakes Company v. Will County Board and Waste

Management of Illinois, Inc. - The Board accepted for hearing and

consolidated the following third-party appeals for hearing: PCB 99-

136, PCB 99-139, and PCB 99-140. The Board also accepted PCB

99-141 for hearing. All four appeals involve the same Will County

pollution control facility. The County was ordered to file its record

on or before May 19, 1999.

99-140

Kathleen Konicki v. The County of Will and Waste Man-

agement of Illinois, Inc. - The Board accepted for hearing and con-

solidated the following third-party appeals for hearing: PCB 99-

136, PCB 99-139, and PCB 99-140. The Board also accepted PCB

99-141 for hearing. All four appeals involve the same Will County

pollution control facility. The County was ordered to file its record

on or before May 19, 1999.

99-141

Waste Management of Illinois, Inc. v. Will County Board

The Board accepted for hearing and consolidated the following

third-party appeals for hearing: PCB 99-136, PCB 99-139, and

PCB 99-140. The Board also accepted PCB 99-141 for hearing.

All four appeals involve the same Will County pollution control

facility. The County was ordered to file its record on or before

May 19, 1999.

99-142

American National Bank and Trust Company of Chi-

cago a/t/u Trust No. 10357705 v. Robert Dunham individu-

ally and d/b/a Dunham Cleaners - The Board held for a later

duplicitous/frivolous determination this citizen’s Resource

Conservation Recovery Act enforcement action involving a

Cook County facility.

99-143

People of the State of Illinois v. Heritage Environmental

Services, LLC - Upon receipt of a proposed stipulation and settle-

ment agreement and an agreed motion to request relief from the

hearing requirement in this land and water enforcement action

against a Cook County facility, the Board ordered publication of

the required newspaper notice.

99-144

United States Department of the Interior-Crab Orchard

National Wildlife Refuge v. IEPA - United States Department of

the Interior-Crab Orchard National Wildlife Refuge v. IEPA - Upon

receipt of an Illinois Environmental Protection Agency recommen-

dation, the Board granted this Williamson County facility a 45-day

provisional variance, subject to conditions, from 35 Ill. Adm. Code

304.141(b) and 35 Ill. Adm. Code 309.102 which prohibit discharges

not specifically allowed by National Pollutant Discharge Elimina-

tion System permit, Section 12(f) of the Environmental Protection

Act (415 ILCS 5/12(f) (1996)).

AS 99-6

In the Matter of: Petition of American Water Company’s

Alton Public Water Supply Replacement Facility Discharge to

the Mississippi River for an Adjusted Standard from 35 Ill. Adm.

Code 304.124, 304.106, and 302.203 - The Board accepted for

hearing this request for an adjusted standard involving a Madi-

son County facility.

AC 99-36

County of Will v. Maureen Fee - The Board accepted

an administrative citation against this Will County respondent.

AC 99-37

IEPA v. C&L Tiling, Inc. - The Board granted

complainant’s motion to withdraw this administrative citation.

AC 99-38

IEPA v. Upper Rock Island County Landfill, Inc. The

Board accepted an administrative citation against this Rock Is-

land County respondent.

AC 99-39

IEPA v. C&L Tiling, Inc. - The Board accepted an

administrative citation against this Brown County respondent.

AC 99-40

IEPA v. BFI Waste Systems of North America, Inc.

The Board accepted an administrative citation against this Rock

Island County respondent.

AC 99-41

IEPA v. BFI Waste Systems of North America, Inc.

The Board accepted an administrative citation against this Rock

Island County respondent.

AC 99-42

IEPA v. Fred Hood and Anne Hood - The Board ac-

cepted an administrative citation against these Macoupin County

respondents.

NEW CASES

APRIL 15, 1999

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APRIL 1999

9

11

v

9:30 am

- PCB 97-50

Lionel Trepanier, et al v. Speedway

Wrecking Company and the Board of

Trustees of the University of Illinois

James R. Thompson Center

100 W. Randolph Street

Room 11-512

Chicago, IL

12

v

9:30 am

- PCB 97-50

Lionel Trepanier, et al v. Speedway

Wrecking Company and the Board of

Trustees of the University of Illinois

James R. Thompson Center

100 W. Randolph Street

Room 11-512

Chicago, IL

18

v

9:30 am

- PCB 97-234

Antonio D.H. Nam v. Kikon Suh

James R. Thompson Center

100 W. Randolph Street

Room 11-512

Chicago, IL

19

v

9:30 am

- PCB 97-234

Antonio D.H. Nam v. Kikon Suh

James R. Thompson Center

100 W. Randolph Street

Room 11-512

Chicago, IL

20

v

10:30 am

Pollution Control Board Meeting

Chicago, IL

3

v

10:30 am

Pollution Control Board Meeting

Chicago, IL

17

v

10:30 am

Pollution Control Board Meeting

Chicago, IL

JULY

8

v

10:30 am

Pollution Control Board Meeting

Chicago, IL

21

v

10:30 am

- PCB 99-98

Kendall-Grundy FS, Inc. v. IEPA

600 S. Second Street

Hearing Room 403

Springfield, IL

22

v

10:30 am

Pollution Control Board Meeting

Chicago, IL

AUGUST

5

v

11:30 am

Pollution Control Board Meeting

Springfield, IL

10

v

9:30 am

- PCB 99-31

Cass County Service Company v. IEPA

Illinois Police Training Board

3rd Floor Conference Room

600 S. Second Street

Springfield, IL

19

v

10:30 am

Pollution Control Board Meeting

Chicago, IL

SEPTEMBER

9

v

10:30 am

Pollution Control Board Meeting

Chicago, IL

23

v

10:30 am

Pollution Control Board Meeting

Chicago, IL

OCTOBER

7

v

10:30 am

Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

Suite 2-025

Chicago, IL

21

v

10:30 am

Pollution Control Board Meeting

Chicago, IL

NOVEMBER

4

v

11:30 am

Pollution Control Board Meeting

Springfield, IL

18

v

10:30 am

Pollution Control Board Meeting

Chicago, IL

DECEMBER

2

v

10:30 am

Pollution Control Board Meeting

Chicago, IL

16

v

10:30 am

Pollution Control Board Meeting

Chicago, IL

May

AND HEARINGS

JUNE

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.

---

Claire A. Manning, Chairman

Springfield

Ronald C. Flemal

DeKalb

G. Tanner Girard

Grafton

Kathleen M. Hennessey

Western Springs

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/