MAY 1999

NUMBER 539

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 FOUR

STAFF UPDATE

APPELATE UPDATE P. 3

BOARD ACTIONS P. 5

NEW CASES P. 10

BOARD CALENDAR P. 11

B

oard Adopts Rules in In the Matter of: Hospital/Medical/Infectious

Waste Incinerators: Adoption of 35 Ill. Adm. Code 229, R99-10

On May 6, 1999, the Board adopted rules for the control of emissions from

the incineration of hospital, medical and infectious waste.

The adoption by the Board of this new part is authorized under Section

28.5 of the Environmental Protection Act (Act) (415 ILCS 5/28.5 (1996)).

Section 28.5 provides for “fast track” adoption of certain regulations nec-

essary for compliance with the Clean Air Act Amendments of 1990 (CAAA)

(42 U.S.C. §§ 7401

et seq

. (1990)).

Section 111(d) of the CAAA requires that states submit a plan for the con-

trol of emissions from any source for which the United States Environ-

mental Protection Agency (USEPA) has promulgated a performance stan-

dard. The USEPA has promulgated new source performance standards

(NSPS) and emissions guidelines (EGs) to reduce emissions from hospital,

medical, and infectious waste incinerators (HMIWIs). 40 C.F.R. §§ 60.50c-

60.58c, 60.30e-60.39e. The NSPSs apply to HMIWIs for which construc-

tion began after June 20, 1996, or for which a modification was begun after

March 16, 1998. The EGs apply to existing HMIWIs, defined as ones for

which construction began on or before June 20, 1996. Unlike the NSPSs,

U

nited States Environmental Protection Agency

Proposes “Tier 2” Motor Vehicle Emissions

Standards and Gasoline Sulfur Control Require-

ments to Control Air Pollution from New Motor

Vehicles

On May 13, 1999, the United States Environmen-

tal Protection Agency (USEPA) proposed air rules

designed to significantly reduce the emissions from

new passenger cars and light trucks, including

pick-up trucks, minivans, and sport utility vehicles.

64 Fed. Reg. 26003 (May 13, 1999). The USEPA

maintains that the proposed rules would provide

for cleaner air and greater public health protec-

tion, by reducing ozone and particulate matter

(PM) pollution. The USEPA states that the pro-

posed rules are a part of a comprehensive regula-

tory initiative that treats vehicles and fuels as a

system, combining requirements for much cleaner

vehicles with requirements for much lower levels

of sulfur in gasoline.

The Board welcomes Cindy Koskey to the Spring-

field office. Ms. Koskey joins the Board as an

Accountant. Prior to coming to the Board, Ms.

Koskey worked for the Illinois Department of

Transportation, Illinois Commerce Commission

and the Department of Human Services/Office of

Rehabilitation Services. She has a total of twenty-

eight years of State service.

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ENVIRONMENTAL REGISTER

2

the EGs do not establish standards for HMIWIs. Rather, EGs

direct the states to adopt plans regulating existing HMIWIs

and establish minimum elements required in the states’ plans.

The adopted regulations contain three principle provisions: (1)

the establishment of emissions limits for several categories of

HMIWIs; (2) the requirement that HMIWIs subject to the emis-

sion limits operate pursuant to a Clean Air Act Permit Pro-

gram permit; and (3) the requirement that affected HMIWIs

create waste management programs.

Pursuant to Section 28.5, the Board is required to proceed within

set timeframes toward adoption of the regulations. The Board

has no authority to adjust these timeframes under any circum-

stances. On November 30, 1998, the Illinois Environmental

Protection Agency (IEPA) filed a proposal to add 35 Ill. Adm.

Code 229. On December 3, 1998, the Board adopted the rules

for first-notice publication in the

Illinois Register

(22 Ill. Reg.

22177 (December 28, 1998)). The first hearing on this pro-

posal was held on January 21, 1999, in Chicago; and the sec-

ond hearing was held on February 3, 1999, in Springfield. The

Board received and considered two timely-filed public com-

ments prior to adopting the second-notice opinion and order

on March 18, 1999, for review by the Joint Committee on

Administrative Rules (JCAR). JCAR issued a certificate of no

objection at its April 20, 1999 meeting.

Questions regarding this rulemaking may be directed to

Catherine Glenn at 312/814-6923; e-mail address:

cglenn@pcb084rl.state.il.us

B

oard Adopts Proposal for Public Comment in Identical in

Substance Rulemaking in In the Matter of: SDWA

Update, USEPA Regulations (July 1, 1998, through Decem-

ber 31, 1998), R99-12

On May 6, 1999, the Board adopted amendments to the Illi-

nois regulations that are “identical-in-substance” to the Na-

tional Primary Drinking Water regulations (NPDWRs) adopted

by the United States Environmental Protection Agency

(USEPA). These regulations implement Sections 1412(b),

1414(c), 1417(a), and 1445(a) of the Safe Drinking Water Act

(SDWA) (42 U.S.C. §§ 300g-1(b), 300g-3(c), 300g-6(a), 300j-

4(a)). The proposed amendments include SDWA amendments

that the USEPA adopted in the period from July 1, 1998,

through December 31, 1998. The USEPA took four actions

during this period that necessitated Board action. The federal

SDWA regulations are found at 40 C.F.R. §§ 141 and 142.

The proposed rule includes major revisions to the program for

relief from NPDWRs, including additional mandatory require-

ments for small system variances; introduction of entirely new

requirements for consumer confidence reports, including ex-

pansive public notification requirements about potential health

threats; adoption of new maximum contaminant levels to be

phased in for disinfection and disinfectant byproducts; and

addition of interim enhanced surface water treatment require-

ments to improve control of microbiological pathogens while

addressing risk trade-offs with disinfection by products.

Section 17.5 of the Environmental Protection Act (Act) (415

ILCS 5/17.5 (1996)) provides for quick adoption of regula-

tions that are identical in substance to federal regulations that

the USEPA adopts to implement Sections 1412(b), 1414(c),

1417(a), and 1445(a) of the SDWA. Section 17.5 also pro-

vides that Title VII of the Act and Section 5 of the Administra-

tive Procedure Act (5 ILCS 100/5-35, 5-40 (1996)) do not ap-

ply to the Board’s adoption of identical in substance regula-

tions. Therefore, this proposal is not subject to first and sec-

ond-notice review by the Joint Committee on Administrative

Rules.

Upon publication of the proposed rules in the

Illinois Register

a 45-day public comment period will commence. All public

comments should be filed with the Clerk of the Board and ref-

erence docket R99-12.

Questions regarding this rulemaking may be directed to Steven

C. Langhoff at 217/782-2615; e-mail address:

slanghoff@pcb084rl.state.il.us

B

oard Adopts Amendments in In the Matter of: Nonhaz-

ardous Special Waste Hauling and the Uniform Program:

Amendments to 35 Ill. Adm. Code 809 (Pursuant to P.A. 90-

219), R98-29

On May 20, 1999, the Board adopted amendments to 35 Ill.

Adm. Code 809 regarding nonhazardous special waste haul-

ing. The Illinois Environmental Protection Agency (IEPA)

proposed the amendments in response to Public Act 90-219

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

amended Sections 22, 22.01 and 22.2 of the Environmental

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

response to the federal Uniform State Hazardous Materials

Transportation, Registration and Permit Program (Uniform

Program). The federal Uniform Program was adopted to imple-

ment amendments to the Hazardous Materials Transportation

Uniform Safety Act of 1990 and the Hazardous Materials Trans-

portation Authorization Act of 1994 (HMTAA) (49 U.S.C. §

5119

et seq.

(1994)). The Uniform Program primarily affects

Part 809 of the Board’s rules, but minor changes were also

made to Parts 808, 811 and 855 in order to establish consis-

tency with the revised Part 809.

With regard to changes in nonhazardous special waste permit-

ting, a new Subpart is added at Part 809 to include the Uniform

Program, while the remainder of Part 809 is modified slightly

to allow for the continued permitting of nonhazardous special

waste transporters. The rules include new language in Part

RULEMAKING UPDATE

CONTINUED

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MAY 1999

3

809 so that a nonhazardous special waste transporter is afforded

due process if a permit is denied, and the IEPA has a proce-

dure to follow if a permit application is incomplete. There are

also two new exemptions from the nonhazardous special waste

transport rules to avoid duplicate and potentially contradictory

transporting requirements for transporters of potentially infec-

tious medical waste and used tires.

With regard to Uniform Program permitting, the amendments

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 rules provide that the

Uniform Permit is valid for three years. The rules also allow

the IEPA to enter into agreements with federal agencies, na-

tional repositories, and other participating states in order to

issue reciprocal Uniform Permits that allow a transporter to

operate in all participating states. As a result, an interstate

transporter need only fill out one permit application, as op-

posed to filling out numerous permit applications under the

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

lecting the fees and distributing percentages of those fees to

other states participating in the program. The rules provide

that the annual fee for the Uniform Permit is $250 for any com-

pany designating Illinois as its base state and establish an an-

nual registration fee of $20 for each vehicle owned by a com-

pany subject to a permit. The Uniform Program mandates that

the IEPA conduct audits to ensure that transporters are accu-

rately reporting their activity.

The IEPA previously filed a motion to sever the regulations

for used oil transportation and used oil management facilities

from the rules on hazardous waste transportation, which were

originally a part of this docket. However, to avoid delaying

the finalizing of the Uniform Program’s rules, the Board moved

the used oil rules from this docket. See In the Matter of: Non-

hazardous 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. The Board assigned the

proposed rules on used oil transportation and used oil manage-

ment facilities to docket R99-18. The Board adopted the used

oil rules for first notice publication in the

Illinois Register

on

January 21, 1999. See 22 Ill. Reg. 2489 (February 16, 1999).

Appellate Update

T

hird District Appellate Court Affirms Board Decision in CDT Landfill Corp. v. City of Joliet and the Illinois Pollution

Control Board (No. 3-98-0248), PCB 98-60

On May 13, 1999, the Third District Appellate Court, in an unpublished order issued pursuant to Illinois Supreme Court

Rule 23 (155 Ill. 2d R. 23), affirmed the Board’s decision in CDT Landfill Corp. v. City of Joliet (March 5, 1998), PCB

98-60.

In its March 5, 1998 decision, the Board affirmed the City of Joliet’s (City) determination that CDT Landfill Corporation

(CDT) failed to satisfy two of the statutory criteria required for local siting approval of a proposed expansion of CDT’s

existing landfill under Section 39.2 of the Environmental Protection Act (Act) (415 ILCS 5/39.2 (1996)). Specifically,

the Board found that CDT failed to meet its burden that (1) the proposed expansion was necessary to accommodate the

waste needs of the intended service area; and (2) the proposed facility would be located in such a way as to minimize the

incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding

property. CDT Landfill Corp., PCB 98-60, slip op. at 9-10, 17-18. The Board reversed the City’s determination on the

other three criteria set forth in Section 39.2 of the Act.

The appellate court agreed with the Board’s conclusion that the City acted properly when it weighed all of the evidence,

including CDT’s and, in doing so, made factual determinations that were not against the manifest weight of the evidence.

The court agreed with the Board that CDT did not establish that the expansion was necessary to accommodate the wastes

of the intended service area. In addition, the court agreed with the Board’s conclusion that CDT did not demonstrate that

the expansion would minimize incompatibility with the character of the surrounding area. The court found that the City

properly weighed the conflicting evidence and determined that “[s]ufficient evidence exists on the record so that the City

could find incompatibility with the surrounding area and a negative effect on property values.” See CDT Landfill Corp.,

PCB 98-60, slip op. at 18. Thus, the court found that the Board’s decision was not against the manifest weight of the

evidence and therefor was not erroneous.

The City filed a cross appeal seeking review of the Board’s order reversing the City’s determination as to the three

additional statutory criteria; however, the court did not address the cross-appeal issues.

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ENVIRONMENTAL REGISTER

4

For the first time, through a phase-in process, the USEPA pro-

poses to apply a single average exhaust emission standard that

would cover both passenger cars and all light trucks operated on

any fuel. The USEPA believes that the proposed emission levels,

or “Tier 2 Standards,” are feasible for both types of vehicles, and

notes that the miles traveled in light trucks are increasing and the

emissions from these vehicles are an increasing problem. The

USEPA’s approach builds on the recent technological improve-

ments resulting from the National Low-Emission Vehicles pro-

gram. The USEPA contends it will improve the performance of

these vehicles through lower sulfur gasoline.

To generate significant reductions from current vehicles, the

USEPA proposes to significantly reduce average gasoline sulfur

levels nationwide. Refiners would be required to install refining

equipment to remove sulfur, while importers would be required

to market only gasoline meeting the proposed sulfur standards.

The proposed rules outline an averaging, banking, and trading

program to provide flexibility for refiners and to ease implemen-

tation.

The proposed rules focus on reducing the passenger car and light

truck emissions most responsible for causing ozone and PM prob-

lems. At the current rate, the USEPA projects that emissions from

these vehicles will represent 30 to 40 percent of the nitrogen ox-

ide and volatile organic material emissions in some cities, and

almost 20 percent nationwide by the year 2020. With the imple-

mentation of the proposed rules, the USEPA expects a reduction

in nitrogen oxides of nearly 800,000 tons per year by 2007, and

1,200,000 by 2010. In addition, the USEPA anticipates that the

proposed rules will reduce the contribution of vehicles to other

serious public health and environmental problems, including re-

gional visibility problems, toxic air pollutants, acid rain, and ni-

trogen loading of estuaries.

Two hearings were held in this matter: the first, in Springfield, on

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

December 17, 1998, the Board adopted the proposal for first-no-

tice publication in the

Illinois Register

(see 21 Ill. Reg. 78 (Janu-

ary 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 pursu-

ant 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 pe-

riod. On April 15, 1999, the Board adopted the amendments for

second-notice review by the Joint Committee on Administrative

Rules (JCAR). On May 18, 1999, JCAR issued a certificate of no

objection to the proposed amendments.

Any questions regarding this rulemaking may be directed to Joel

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

jsternst@pcb084rl.state.il.us

v

Public comments regarding the proposed rules must be sent by

August 2, 1999, to: Public Docket No. A-97-10, USEPA, Air

Docket (6102), Room M-1500, 401 M Street, S.W., Washington,

D.C. 20460.

If finalized by the USEPA, the Board anticipates adoption of these

rules through a fast-track rulemaking following its receipt of a

rulemaking proposal from the Illinois Environmental Protection

Agency in accordance with Section 28.5 of the Environmental

Protection Act (415 ILCS 5/28.5 (1996)).

U

nited States Department of Justice Reaches Proposed

Consent Agreement with the City of Chicago Concern-

ing A “Waste-To-Energy” Trash Incineration Facility, Chi-

cago, Cook County, Illinois

A proposed consent decree in United States v. City of Chicago,

Civil Action No. 1:97-CV-06897, was reached on April 29, 1999,

in the United States District Court for the Northern District of

Illinois. 64 Fed. Reg. 26775 (May 17, 1999). In this action the

United States sought civil penalties for alleged violations of the

Clean Air Act (42 U.S.C. §§ 7401

et seq.

(1990)) and the Illinois

State Implementation Plan resulting from emissions into the at-

mosphere from a “waste-to-energy” trash incineration facility lo-

cated at 700 North Kilbourn Avenue, Chicago, Illinois. Under

the terms of the proposed consent decree, the City of Chicago

(City) will pay a civil penalty of $200,000 and perform four supple-

mental environmental projects at a cost of $700,000 to resolve the

United States’ claims. The first two projects require the City to

spend $450,000 to remove and dispose of contaminated soils at

two abandoned sites near the incinerator. The third project re-

quires the City to spend $100,000 to construct a lead safe house.

The lead safe house will serve as a temporary residence for low

income Chicagoans while lead abatement work is being under-

taken in their homes. The fourth project requires the City to spend

$150,000 on a lead abatement project in northwest Chicago.

U

nited States Environmental Protection Agency Reaches

Proposed Consent Agreement Concerning the Adams

County/Quincy Landfills 2 and 3 Hazardous Waste Site Near

the City of Quincy, Adams County, Illinois

In accordance with Section 122(i)(1) of the Comprehensive Envi-

ronmental Response, Compensation, and Liability Act of 1984

(42 U.S.C. § 9622(i)(1) (1984)), the United States Environmental

Protection Agency (USEPA) announced that a proposed consent

agreement was reached concerning the Adams County/Quincy

Landfills 2 and 3 hazardous waste site located on Old Broadway

Road approximately 5 miles east of the City of Quincy. 64 Fed.

Reg. 27987 (May 24, 1999). The proposed consent agreement

has been executed by the USEPA with over fifty

de minimis

par-

ties. Under the proposed agreement, the

de minimis

settling par-

ties will pay a total of approximately $1,103,362 into an escrow

account to be used for present and future response costs at the

site. Also under the proposed agreement, seven non-

de minimis

parties will pay $224,104 in response costs.

FEDERAL ACTIONS

CONTINUED

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MAY 1999

5

R99-10

In the Matter of: Hospital/Medical/Infectious Waste Incinerators: Adoption of 35 Ill. Adm. Code 229 - The Board

adopted a final opinion and order in this rulemaking to amend the Board’s air regulations.

Vote: 7-0

R99-12

In the Matter of: SDWA 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 public water supply regula-

tions.

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 petitioner’s motion to reconsider the April 15, 1999 Board order. The Board granted an amended 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 Conser-

vation Recovery Act solid or hazardous waste.

Vote: 7-0

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 granted a partial adjusted standard with conditions to this Lake County facility from 35 Ill. Adm. Code Part

304.105.

Vote: 7-0

AC 99-9

IEPA v. Terry Patrick - The Board granted complainant’s motion to modify the April 15, 1999 order to extend the

payment date to April 1, 2000. In accepting the previous March 26, 1999 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 Protection Act (415 ILCS 5/21(p)(1) (1996)) and ordered respondent to pay a civil penalty of $500.

Vote: 7-0

AC 99-31

County of Will v. Leonard Kubinski - The Board granted the complainant’s April 27, 1999 motion to withdraw the

motion to dismiss filed on March 17, 1999 and the March 25, 1999 motions to withdraw the first and second motions to amend

and to substitute with the motion to withdraw count I alleging open dumping. The Board found that this Will County respondent

violated Section 21(p)(3) of the Environmental Protection Act (415 ILCS 5/21(p)(3)(1996)), and ordered respondent to pay a

civil penalty of $500.

Vote: 7-0

AC 99-36

County of Will v. Maureen Fee - The Board found that this Will 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.

Vote: 7-0

AC 99-38

IEPA v. Upper Rock Island County Landfill, 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.

Vote: 7-0

AC 99-39

IEPA v. C&L Tiling, Inc. - The Board found that this Brown 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.

Vote: 7-0

RULEMAKINGS

MAY 6, 1999

ADJUSTED STANDARDS

ADMINISTRATIVE CITATIONS

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ENVIRONMENTAL REGISTER

6

PCB 94-373

People of the State of Illinois v. Wayne Berger and Berger Waste Management, Inc. - The Board found that Wayne

Berger had committed the violations alleged in counts I, II, III and V of the first amended complaint, but found that Berger

Waste Management, Inc., had not committed any of the violations alleged in the first amended complaint. Wayne Berger was

ordered to pay a civil penalty of $30,000. The Board granted respondents’ motion for sanctions.

Vote: 7-0

PCB 96-208

People of the State of Illinois v. Frank Merkendorfer and Phil Pinello - 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 Resource Conservation Recovery Act enforcement action involving a DuPage County facility,

ordered respondents to pay a total civil penalty of $3,500

,

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 entered an order requiring respondent to

pay $1,920 in attorney fees. This order follows the Board’s interim order of April 15, 1999 which found that this respondent had

violated Sections 9(a) and 9.1(d) of the Environmental Protection Act (415 ILCS 5/9(a), 9.1(d) (1996)) and Sections 61.145(a),

61.145(b), and 61.145(c) of the asbestos National Emission Standard for Hazardous Air Pollutants (40 C.F.R. §§ 61.145(a),

61.145(b), 61.145(c) (1997)).

Vote: 7-0

PCB 98-81

Charter Hall Homeowner’s Association and Jeff Cohen v. Overland Transportation System, Inc. and D.P. Cartage,

Inc. - The Board found that these Cook County respondents violated Section

 

24 of the Environmental Protection Act (415 ILCS

5/24 (1996)) and 35 Ill. Adm. Code 900.102 of the Board’s noise pollution regulations. Respondents were ordered to pay a civil

penalty of $15,000 and to perform certain measures to remedy the noise emitted from their facility.

Vote: 5-0

 

| McFawn abstained

PCB 98-90

People of the State of Illinois v. Marathon Oil 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 stipulation and settlement

agreement in this land and water enforcement action involving a Crawford County facility, ordered respondents to pay a total

civil penalty of $28,000

,

and to cease and desist from further violations.

 

Vote: 6-0

PCB 99-157

Department of the Air Force v. IEPA - Upon receipt of an Illinois Environmental Protection Agency recommen-

dation, the Board granted a 3-day provisional variance to this St. Clair 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: 6-0

PCB 93-193

LTV Steel Company v. IEPA - The Board granted petitioner’s motion for voluntary dismissal of this permit appeal

involving a Putnam County facility.

Vote: 6-0

PCB 96-30

Fruit Belt Service Company v. IEPA - The Board granted petitioner’s motion for voluntary dismissal of this under-

ground storage tank appeal involving a Massac County facility.

Vote: 6-0

PCB 96-70

Fruit Belt Service Company v. IEPA - The Board granted petitioner’s motion for voluntary dismissal of this under-

ground storage tank appeal involving a Union County facility.

Vote: 6-0

PCB 96-73

Fruit Belt Service Company v. IEPA - The Board granted petitioner’s motion for voluntary dismissal of this under-

ground storage tank appeal involving a Pulaski County facility.

Vote: 6-0

PCB 97-1

Lawrence Cadillac v. IEPA - The Board granted petitioner’s motion for voluntary dismissal of this underground

storage tank appeal involving a Cook County facility.

Vote: 6-0

PCB 98-82

Resurrection Medical Center v. IEPA - The Board granted petitioner’s motion for voluntary dismissal of this

underground storage tank appeal involving a Cook County facility.

Vote: 6-0

PCB 98-84

Scott and Shelly Behrmann v. Okawville Farmers Elevator-St. Libory - In response to the consent order filed on

March 29, 1999, the Board ordered that this citizens’ noise enforcement action involving a St. Clair County facility to proceed

to hearing.

Vote: 6-0

PCB 99-40

QST Environmental, Inc. v. IEPA - The Board granted the Illinois Environmental Protection Agency’s motion for

summary judgment and affirmed its July 29, 1998 decision denying trade secret protection to certain documents.

Vote: 6-0

PROVISIONAL VARIANCE

MOTIONS AND OTHER MATTERS

DECISIONS

ADJUDICATORY CASES

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MAY 1999

7

PCB 99-73

People of the State of Illinois v. J.L. Clark, Inc. - Upon receipt of an amended complaint, an amended proposed

stipulation and settlement agreement, and an agreed motion to request relief from the hearing requirement in this air enforce-

ment action against a DuPage County facility, the Board ordered publication of the required newspaper notice. In so doing, the

Board treated the filing as a motion to reopen this docket, which was closed by its order of January 21, 1999, accepting a

stipulated settlement.

Vote: 6-0

PCB 99-93

People of the State of Illinois v. South Palos Township Sanitary District - 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 Cook County facility, the Board ordered publication of the required newspaper notice.

Vote: 6-0

PCB 99-107

Dewey’s Service, Inc. v. IEPA - The Board denied petitioner’s motion for reconsideration.

Vote: 6-0

PCB 99-115

General Electric Company v. IEPA - The Board accepted for hearing this air permit appeal involving a LaSalle

County facility.

Vote: 6-0

PCB 99-117

Aramark Services, 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 Kane County facility.

Vote: 6-0

PCB 99-121

Loewen Group International, 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:

6-0

PCB 99-126

477, 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: 6-0

PCB 99-127

Ted Harrison Oil Company v. IEPA - The Board accepted for hearing this underground storage tank appeal

involving a Cass County facility.

Vote: 6-0

PCB 99-134

People of the State of Illinois v. Peabody Coal Company - The Board granted respondent’s motion for counsel to

appear before the Board

pro hac vice.

 

Vote: 6-0

PCB 99-136 PCB 99-139 PCB 99-140

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

Illinois Audubon Society v. Will County Board and Waste Management of Illinois, Inc.; Land and Lakes Company v. Will

County Board and Waste Management of Illinois, Inc.; Kathleen Konicki v. Will County Board and Waste Management of

Illinois, Inc. - The Board granted Will County’s motion to make more definite the petition for review of Land and Lakes

Company and reserved ruling on other pending motions.

Vote: 4-0

|

Girard and McFawn abstained

PCB 99-142

American National Bank and Trust Company of Chicago a/t/u Trust No. 10357705 v. Robert Dunham individually

and d/b/a Dunham Cleaners - The Board granted respondent’s motion for extension of time.

Vote: 6-0

PCB 99-146

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 Rock Island County facility.

Vote: 6-0

PCB 99-147

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 McLean County facility.

Vote: 6-0

PCB 99-148

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 Tazewell County facility.

Vote: 6-0

PCB 99-150

K.B. Oil Company v. IEPA - The Board accepted for hearing this underground storage tank appeal involving a

Cook County facility.

Vote: 6-0

PCB 99-151

Land-O-Sun Dairies, L.L.C. v. IEPA - The Board accepted for hearing this permit appeal involving a St. Clair

County facility.

Vote: 6-0

PCB 99-153

Solutia, 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 St. Clair County facility.

Vote: 6-0

PCB 99-154

Remote Services, Inc. (Dairy Mart Store #562) 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 Champaign County facility.

Vote: 6-0

PCB 99-155

Schiller Park Marathon, 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: 6-0

PCB 99-156

CGB Waterfront Services, Inc. v. IEPA - The Board granted this request for a 90-day extension of time to file a

permit appeal on behalf of an Alexander County facility.

Vote: 6-0

---

ENVIRONMENTAL REGISTER

8

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 final opinion and order in this rulemaking to amend the Board’s non-

hazardous special waste hauling regulations

.

 

Vote: 7-0

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 granted this Cook County facility an adjusted standard, subject to conditions, from the volatile organic material

emission control requirements found at 35 Ill. Adm. Code 218.626(b).

Vote: 7-0

AC 98-41

IEPA v. Bradley G. White - The Board entered an order requiring respondent to pay

 

$200 in hearing costs and a civil

penalty of $1,000. This order follows the Board’s interim order of February 18, 1999 which found that this respondent had

violated Sections 21(p)(1) and (p)(3) of the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3) (1996)) at respondent’s

Cumberland County facility.

Vote: 7-0

AC 99-40

IEPA v. BFI Waste Systems of North America, Inc. - The Board found that this Rock Island County respondent

violated Sections

 

21(o)(1), 21(o)(5), and

 

21(o)(12) of the Environmental Protection Act (415 ILCS 5/21(o)(1), 21(o)(5), 21(o)(12)

(1996)), and ordered respondent to pay a civil penalty of $1,500.

Vote: 7-0

AC 99-41

IEPA v. BFI Waste Systems of North America, 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.

Vote: 7-0

PCB 99-66

People of the State of Illinois v. Dale Bennet - 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 Stark County facility, ordered respondent to pay a civil penalty of $5,000, and to

cease and desist from further violations.

Vote: 7-0

PCB 99-143

People of the State of Illinois v. Heritage Environmental Services, L.L.C. - 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 Resource Conservation Recovery Act enforcement action involving a Cook County

facility, ordered respondent to pay a civil penalty of $14,765.07

,

and to cease and desist from further violations.

Vote: 7-0

PCB 99-168

Mobil Oil Corporation v. IEPA - Upon receipt of an Illinois Environmental Protection Agency 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, as set forth in 35 Ill. Adm. Code 722.134(b).

Vote: 7-0

PCB 99-169

Equilon Wood River Refining Company v. IEPA - Upon receipt of an Illinois Environmental Protection Agency

recommendation, the Board granted a 30-day provisional variance to this Madison 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

CHICAGO, ILLINOIS

MAY 20, 1999

RULEMAKING

ADJUSTED STANDARD

ADMINISTRATIVE CITATIONS

PROVISIONAL VARIANCES

DECISIONS

ADJUDICATORY CASES

---

MAY 1999

9

PCB 97-55

People of the State of Illinois v. Precision Chrome, Inc. - Upon receipt of a proposed stipulation and settlement

agreement and an agreed motion to request relief from the hearing requirement in this Resource Conservation Recovery Act

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

Vote: 7-0

PCB 97-192

People of the State of Illinois v. Sundale Sewer Corporation and Howard Spurgeon - Upon receipt of a proposed

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

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

Vote: 7-0

PCB 98-102

Panhandle Eastern Pipe Line Company v. IEPA - The Board denied petitioner’s motion for reconsideration of its

January 21, 1999 order in this air permit appeal involving a facility located in Glenarm, Sangamon County, Illinois.

Vote: 7-0

PCB 99-31

Cass County Service Company v. IEPA - The Board denied petitioner’s motion to consolidate PCB 99-98 with this

tax credit appeal involving a Cass County facility, but stated that management of the cases would be coordinated by one hearing

officer.

Vote: 7-0

PCB 99-98

Kendall-Grundy FS, Inc. v. IEPA - The Board denied petitioner’s motion to consolidate PCB 99-31 with this tax

credit appeal involving a Grundy County facility, but stated that management of the cases would be coordinated by one hearing

officer.

Vote: 7-0

PCB 99-136 PCB 99-139 PCB 99-140

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

Illinois Audubon Society v. Will County Board and Waste Management of Illinois, Inc.; Land and Lakes Company v. Will

County Board and Waste Management of Illinois, Inc.; Kathleen Konicki v. Will County Board and Waste Management of

Illinois, Inc. - The Board granted petitioners’ motion to amend the petition in PCB 99-136, granted respondent Waste Manage-

ment of Illinois, Inc.’s motion to dismiss the petition in PCB 99-140, and denied respondent Will County Board’s motion to

dismiss PCB 99-136. Respondent Will County Board’s motion to dismiss and petitioner’s motion to amend in PCB 99-140

were denied as moot.

Vote: 6-0

|

Girard abstained

PCB 99-149

Universal Scrap Metals, Inc. v. Flexi-Van Leasing, Inc. - The Board found that the allegations in this matter were

not duplicitous or frivolous, and accepted for hearing this citizen’s underground storage tank enforcement action involving a

Cook County facility.

Vote: 7-0

PCB 99-158

Clayton Chemical Acquisition Limited Liability Company d/b/a Resource Recovery Group, L.L.C. v. IEPA - The

Board accepted for hearing this permit appeal involving a St. Clair County facility, and consolidated it with PCB 98-113 and

PCB 99-28 which involve the same facility.

Vote: 7-0

PCB 99-163

Homewood Disposal Service Company v. IEPA - The Board accepted for hearing this permit appeal involving a

Cook County facility.

Vote: 7-0

PCB 99-165

Formel Industries, Inc. v. IEPA - The Board accepted for hearing this request for an air variance involving a Cook

County facility.

Vote: 7-0

PCB 99-166

Archer Daniels Midland Company v. IEPA - The Board accepted for hearing this trade secret appeal involving a

Macon County facility.

Vote: 7-0

MOTIONS AND OTHER MATTERS

---

ENVIRONMENTAL REGISTER

10

99-145

Hobert and Karen Jones, Robert Smith, Jodi and Tim

Leeper, Cassandra and Cheryl Vaughn, Anita Rice, Peggy

Eberhardt, Matthew Andriola, Matt Miller, Lynn Devlin, Ed-

ward Stolinski, and Pete Calzavara v. Heritage Tool and Die

Mold - The Board held for a later duplicitous/frivolous determi-

nation this citizens’ noise enforcement action involving a Cook

County facility.

99-146

Remote Services, 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 Rock Island County facility.

99-147

Remote Services, 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 McLean County facility.

99-148

Remote Services, 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 Tazewell County facility.

99-149

Universal Scrap Metals, Inc. v. Flexi-Van Leasing, Inc.

The Board held for a later duplicitous/frivolous determination

this citizen’s underground storage tank enforcement action in-

volving a Cook County facility.

99-150

K.B. Oil Company v. IEPA - The Board accepted for

hearing this underground storage tank appeal involving a Cook

County facility.

99-151

Land-O-Sun Dairies, L.L.C. v. IEPA - The Board ac-

cepted for hearing this permit appeal involving a St. Clair County

facility.

99-152

People of the State of Illinois v. Eagle Picher Boge, L.L.C.

The Board accepted for hearing this air enforcement action

against an Edgar County facility.

99-153

Solutia, 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 St. Clair County facility.

99-154

Remote Services, Inc. (Dairy Mart Store #562) 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 Champaign

County facility.

99-155

Schiller Park Marathon, 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.

99-156

CGB Waterfront Services, Inc. v. IEPA - The Board

granted this request for a 90-day extension of time to file a per-

mit appeal on behalf of an Alexander County facility.

99-157

Department of the Air Force v. IEPA - Upon receipt of

an Illinois Environmental Protection Agency recommendation,

the Board granted a 3-day provisional variance to this St. Clair

County facility from the 90-day limitation on the accumulation

of hazardous wastes, as set forth in 35 Ill. Adm. Code 722.134(b).

99-158

Clayton Chemical Acquisition Limited Liability Com-

pany d/b/a Resource Recovery Group, L.L.C. v. IEPA - The

Board accepted for hearing this permit appeal involving a St.

Clair County facility, and consolidated it with PCB 98-113 and

PCB 99-28 which involve the same facility.

99-159

Mater Dei High School v. IEPA - No action taken.

99-160

People of the State of Illinois v. Renu Casual Furniture

Renovators, Inc. - The Board accepted for hearing this Resource

Conservation Recovery Act enforcement action against a Cook

County facility.

99-161

Village of Dorchester, Illinois v. IEPA - The Board held

for the Illinois Environmental Protection Agency’s recommen-

dation this petition for a public water supply variance involving

a Macoupin County facility.

99-162

Kelly-Mac Partners v. Robertson-CECO Corporation

The Board held for a later duplicitous/frivolous determination

this citizens’ underground storage tank enforcement action in-

volving a Cook County facility.

99-163

Homewood Disposal Service Company v. IEPA - The

Board accepted for hearing this permit appeal involving a Cook

County facility.

99-164

Ayers Oil Company v. IEPA - No action taken.

99-165

Formel Industries, Inc. v. IEPA - The Board accepted

for hearing this request for an air variance involving a Cook

County facility.

99-166

Archer Daniels Midland Company v. IEPA - The Board

accepted for hearing this trade secret appeal involving a Macon

County facility.

99-168

Mobil Oil Corporation v. IEPA - Upon receipt of an Illi-

nois Environmental Protection Agency recommendation, the

Board granted a 30-day provisional variance to this Will County

facility from the 90-day limitation on the accumulation of haz-

ardous wastes, as set forth in 35 Ill. Adm. Code 722.134(b).

99-169

Equilon Wood River Refining Company v. IEPA - Upon

receipt of an Illinois Environmental Protection Agency recom-

mendation, the Board granted a 30-day provisional variance to

this Madison 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 99-43

IEPA v. Waste Management of Illinois, Inc. - The

Board accepted an administrative citation against this Peoria

County respondent.

AC 99-44

IEPA v. County of Knox and Thomas D. Wagher

The Board accepted an administrative citation against these Knox

County respondents.

AC 99-45

IEPA v. William Clingenpeel - The Board accepted

an administrative citation against this Iroquois

 

County respon-

dent.

NEW CASES

MAY 6, 1999

MAY 20, 1999

---

MAY 1999

11

June

17

v

10:30 am

Pollution Control Board Meeting

Chicago, IL

22

v

9:00 am -

PCB 96-111

People of the State of Illinois v. John

Chalmers, individually and d/b/a John

Chalmers Hog Farm

Menard County Courthouse

County Commissioner’s Room

Petersburg, IL

23

v

9:00 am -

PCB 96-111

People of the State of Illinois v. John

Chalmers, individually and d/b/a John

Chalmers Hog Farm

Menard County Courthouse

County Commissioner’s Room

Petersburg, IL

24

v

9:00 am -

PCB 96-111

People of the State of Illinois v. John

Chalmers, individually and d/b/a John

Chalmers Hog Farm

Menard County Courthouse

County Commissioner’s Room

Petersburg, IL

29

v

9:30 am

- PCB 99-122

Central C&D Recycling, Inc. v. IEPA

St. Clair County Building

Courtroom 407

10 Public Square

Belleville, IL

30

v

9:30 am

- PCB 99-122

Central C&D Recycling, Inc. v. IEPA

St. Clair County Building

Courtroom 407

10 Public Square

Belleville, IL

July

8

v

10:30 am

Pollution Control Board Meeting

Chicago, IL

21

v

9:00 am

- PCB 99-31

Cass County Service Company v. IEPA

Illinois Pollution Control Board

600 S. Second Street

Hearing Room 403

Springfield, IL

21

v

1:00 pm -

PCB 99-98

Kendall-Grundy FS, Inc. v. IEPA

Illinois Pollution Control Board

600 S. Second Street

Hearing Room 403

Springfield, IL

22

v

10:30 am

Pollution Control Board Meeting

Chicago, IL

August

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

5

v

10:30 am

Pollution Control Board Meeting

State of Illinois Building

160 N. LaSalle Street

Room N-505

Chicago, IL

19

v

11:30 am

Pollution Control Board Meeting

Springfield, 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

8

v

9:30 am -

PCB 96-143

People of the State of Illinois v. Michel

Grain Company, Inc., d/b/a Michel

Fertilzer and Caryle Michel

Illinois Pollution Control Board

600 S. Second Street

Hearing Room 403

Springfield, IL

9

v

9:30 am -

PCB 96-143

People of the State of Illinois v. Michel

Grain Company, Inc., d/b/a Michel

Fertilzer and Caryle Michel

Illinois Pollution Control Board

600 S. Second Street

Hearing Room 403

Springfield, IL

10

v

9:30 am -

PCB 96-143

People of the State of Illinois v. Michel

Grain Company, Inc., d/b/a Michel

Fertilzer and Caryle Michel

Illinois Pollution Control Board

600 S. Second Street

Hearing Room 403

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

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.

---

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/