9901

NEW BOARD MEMBER ELENAKEZELIS BEGINS TERM
STAFF UPDATE
RULEMAKING UPDATE
FEDERAL ACTIONS
BOARD ACTIONS
NEW CASES

CALENDAR OF MEETINGS

JANUARY 1999

NUMBER 535

A PUBLICATION OF THE ILLINOIS POLLUTION CONTROL BOARD

NEW BOARD MEMBER ELENA

KEZELIS BEGINS TERM

STAFF UPDATE

RULEMAKING UPDATE

Elena Z. Kezelis,

Board, began her term on January 10, 1999.

Before joining the Board, Ms. Kezelis served

as chief legal counsel to Governor Jim Edgar.

She is a former law partner at Sonnenschein

Nath & Rosenthal. Ms. Kezelis previously

worked as a litigation associate at Isham, Lin-

coln & Beale. Additionally, Ms. Kezelis

served as a law clerk for former federal Dis-

trict Court Judge George N. Leighton. Ms.

Kezelis received her

juris doctorate

from

John Marshall Law School in 1980, and is a

member of the American Inns of Court. Ms.

Kezelis is a resident of Springfield, and will

work out of the Board’s Springfield office.

The Board welcomes Kim Schroeder, Dawn

Turley, and Steven Langhoff. Ms. Schroeder

is the private secretary to Board Member Elena

Z. Kezelis. She comes to the Board with a Para-

legal Certificate from Roosevelt University

and seventeen years of legal experience in the

private sector and state government. Dawn

Turley joins the Board as the Network Ad-

ministrator. Ms. Turley has vast State experi-

ence in network administration, most recently

with the Department of Public Aid. Her other

State experience includes network manage-

ment with the House Republican Staff and

manager of the Administrative Code project

at the Legislative Information System. Steven

Langhoff joins the Board’s legal unit as a staff

attorney. Prior to joining the Board, Mr.

Langhoff was engaged as an attorney in pri-

vate practice in North Carolina. He received

his B.S. in Forestry and his J.D. from South-

ern Illinois University Carbondale. All three

will work out of the Board’s Springfield of-

fice.

Board Dismisses Improperly-Directed Citizen Request to Establish Regu-

lated Recharge Area in Durand, Winnebago County, R99-19

On January 7, 1999, the Board dismissed a December 14, 1998 filing by

a citizen requesting that the Board establish a regulated recharge area in

the areas south of Durand, Winnebago County. The Board found that it

could not accept this request because the procedures for establishing a

regulated recharge area, as set forth in Sections 17.2, 17.3, and 17.4 of

the Environmental Protection Act (Act) (415 ILCS 5/17.2, 17.3, and 17.4

(1996)) do not allow a citizen to file such a petition with the Board; the

law allows only the Illinois Environmental Protection Agency (IEPA) to

do so.

Section 17.2 of the Act charges the IEPA with the responsibility of estab-

lishing regional planning committees to assess whether there is a need

for a regulated recharge area and to make any such recommendations to

the IEPA. Section 17.3 of the Act specifies procedures for the IEPA to

follow when proposing to the Board a regulation establishing the bound-

ary for a regulated recharge area if certain conditions exist. The Board

forwarded a copy of the request and the Board order to the IEPA and

closed the docket.

Any questions regarding this matter may directed to Marie Tipsord at

(312) 814-4925; e-mail address: mtipsord@pcb084r1.state.il.us

INSIDE THIS ISSUE

IEPA CLASS III: SPECIAL RESOURCE GROUNDWATER DESIGNATION P. 2

FEDERAL ACTIONS P. 3

BOARD A

. 5

NEW CASES P. 9

CALENDAR OF MEETINGS P.11

RULEMAKING UPDATE CONTINUED ON PAGE TWO

ENVIRONMENTAL REGISTER

JANUARY 1999

Board Adopts First-Notice Proposal in In the Matter of:

Amendments to Permitting for Used Oil Management

and Used Oil Transport 35 Ill. Adm. Code 807 and 809,

R99-18.

On January 21, 1999, the Board adopted for first-notice pub-

lication in the

Illinois Register

proposed amendments to 35

Ill. Adm. Code 807 and 809 regarding permitting for used

oil management and used oil transport. The Board created

docket R99-18 to address the proposed rules of the Illinois

Environmental Protection Agency (IEPA) on used oil man-

agement and used oil transportation. This subject matter

was severed from docket R98-29 (see In the Matter of: Non-

hazardous Special Waste Hauling and the Uniform Program

35 Ill. Adm. Code 809 (Pursuant to P.A. 90-219) (Decem-

ber 17, 1998, R98-29). The amendments are proposed pur-

suant to Section 3013 of the Resource Conservation and

Recovery Act (42 U.S.C. § 6934).

The Board adopted the IEPA’s proposal regarding used oil

transport. Specifically, the Board proposed that transport-

ers who haul only used oil, but no other hazardous or non-

The Illinois Environmental Protection Agency (IEPA) has completed procedures to list Parker

Fen, a dedicated nature preserve (DNP), as Class III: Special Resource Groundwater. Parker

Fen is located in the northeast part of Dorr township, in unincorporated southeast quarter of

McHenry County, Illinois.

Under the authority of 35 Ill. Adm. Code Section 620.230, Class III: Special Resource Ground-

water can be established for groundwater that is: demonstrably unique (

e.g.

, irreplaceable sources

of groundwater) and suitable for application of a water quality standard more stringent than the

otherwise applicable water quality standard specified; vital for a particularly sensitive ecologi-

cal system; or contributing to a DNP that has been listed by the IEPA. The IEPA is required to

review a written request to designate these areas, and upon confirmation of the technical ad-

equacy, publish the listing of the DNP(s) in the Environmental Register for a 45-day public

comment period. Within 60 days after the close of the comment period, the IEPA is required to

publish a final listing in the

Environmental Register

The Groundwater Section in the Bureau of Water at IEPA has completed the review required

according to the criteria specified at Subsection 620.230(b)(1), and finds the petition to be

technically adequate. In addition, the 45-day comment period has ended, and no comments

were received.

hazardous special waste, be exempt from Part 809 permit-

ting requirements if those transporters deliver used oil to a

nonpermitted used oil aggregation point or a used oil col-

lection center. To address concerns regarding the potential

hazards at certain used oil facilities, the Board also adopted

the IEPA’s proposal that used oil transfer facilities, used

oil fuel marketers, used oil burners, and petroleum refining

facilities be subject to Part 807 permitting requirements.

Upon publication of the first-notice proposal in the

Illinois

, a 45-day public comment period will commence.

Public comments regarding this proposal may be filed with

the Clerk of the Board. Hearings are scheduled for Febru-

ary 25, 1999, in Chicago, and March 1, 1999, in Spring-

field.

Please direct any questions regarding this rulemaking to

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

jsternst@pcb084r1.state.il.us

IEPA CLASS III: SPECIAL RESOURCE GROUNDWATER DESIGNATION

RULEMAKING UPDATE

CONTINUED FROM PAGE ONE

○○○○○ ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○

○

ENVIRONMENTAL REGISTER

JANUARY 1999

FEDERAL ACTIONS

United States Environmental Protection Agency Proposes Lower

Reporting Thresholds for Certain Persistent and Bioaccumulative

Toxic Chemicals Subject to the Emergency Planning and Com-

munity Right-To-Know Act and the Pollution Prevention Act

On January 5, 1999, the United States Environmental Protection

Agency (USEPA) proposed lower reporting threshold require-

ments for certain persistent and bioaccumulative toxic chemicals

that are subject to reporting under Section 313 of the Emergency

Planning and Community Right-to-Know Act of 1986 (EPCRA)

(42 U.S.C. § 11023 (1986)) and Section 6607 of the Pollution

Prevention Act of 1990 (PPA) (42 U.S.C. § 13106 (1990)). See

64 Fed. Reg. 687 (January 5, 1999). The USEPA also proposed

to lower the thresholds for dioxin and dioxin-like compounds,

that were previously proposed for addition to the EPCRA Sec-

tion 313 list of toxic chemicals. The USEPA proposed these ac-

tions pursuant to its authority under Section 313(f)(2) of the

EPCRA to revise reporting thresholds.

In addition, the USEPA proposed the addition of certain persis-

tent and bioaccumulative toxic chemicals to the list of chemicals

subject to the reporting requirements under Section 313 of the

EPCRA and Section 6607 of the PPA and to establish lower re-

porting thresholds for these chemicals. The USEPA proposed

the addition of these chemicals pursuant to its authority to add

chemicals and chemical categories that meet the EPCRA Section

313(d)(2) toxicity criteria. The proposed addition of these chemi-

cals is based on their carcinogenicity or other chronic human

health effects and/or their adverse effects on the environment.

United States Environmental Protection Agency Approves Dec-

larations Submitted by the State of Illinois Negating the Need

for Industrial Wastewater and Industrial Cleaning Solvent Air

Regulations in the Metro-East St. Louis Ozone Nonattainment

Area

On January 6, 1999, the United States Environmental Pro-

tection Agency (USEPA) approved two negative declara-

tions submitted by the State of Illinois. See 64 Fed. Reg.

756 (January 6, 1999). On October 2, 1998, the State of Illi-

nois submitted a letter to the USEPA indicating there was no

need for air regulations covering the industrial wastewater cat-

egory in the Metro-East St. Louis (Metro-East) ozone

nonattainment area. Also on October 2, 1998, the State of

Illinois submitted a letter to the USEPA indicating there was

no need for regulations covering the industrial cleaning sol-

vents category in the Metro-East ozone nonattainment area.

The Metro-East ozone nonattainment area includes Madison,

Monroe, and St. Clair counties.

This rule is effective March 8, 1999, unless the USEPA re-

ceives adverse comments by February 5, 1999. Call Randolph

O. Cano at 312/886-6036 for further information regarding the

status of this matter.

United States Environmental Protection Agency Suspends Un-

regulated Contaminant Monitoring Requirements for Small

Public Water Systems

On January 8, 1999, the United States Environmental Protec-

tion Agency (USEPA) suspended unregulated contaminant

monitoring requirements (UCMR) for small public water sys-

tems. See 64 Fed. Reg. 1493 (January 8, 1999). The UCMR

requires all public water systems to monitor for unregulated con-

taminants for one year every five years. This rule concerns the

suspension of monitoring by small and medium systems for

monitoring scheduled to begin after December 31, 1998. This

will allow systems serving 10,000 or fewer persons to save the

cost of monitoring under the existing regulation which, if per-

formed as scheduled, would overlap with monitoring under

the revised UCMR program.

United States Environmental Protection Agency Proposes Ap-

proval of an Amendment to the Illinois State Implementation

Plan for D.B. Hess Company, McHenry County

On January 15, 1999, the United States Environmental Protec-

tion Agency proposed approval of a source-specific revision

to the Illinois State Implementation Plan (SIP) for ozone in the

form of a variance from the otherwise applicable SIP require-

ments for D.B. Hess Company, Inc.’s lithographic printing plant

which is located in Woodstock, McHenry County. See 64 Fed.

Reg. 2610 (January 15, 1999). The variance, which was granted

by the Board, took effect on March 20, 1997, and expires on

March 30, 1999. See D.B. Hess Company, Inc. v. IEPA (March

20, 1997), PCB 96-194. On September 3, 1997, the State of

Illinois submitted the SIP revision pursuant to the Clean Air

Act (42 U.S.C. § 7401 (1990)).

United States Environmental Protection Agency Proposes Ap-

proval of a September 16, 1998 Illinois State Implementation

Plan Revision Request Containing Amendments to Volatile

Organic Material Rules Affecting Illinois’ Ozone Attainment

Area

On January 15, 1999, the United States Environmental Protec-

tion Agency proposed approval of a September 16, 1998 Illi-

nois State Implementation Plan (SIP) revision request contain-

ing amendments to volatile organic material (VOM) rules af-

fecting Illinois’ ozone attainment area (the area of the State of

Illinois not including Chicago and the Metro-East St. Louis

ozone nonattainment areas), as a requested revision to the ozone

SIP. See 64 Fed. Reg. 2581 (January 15, 1999). The amend-

ments contain various deletions of obsolete provisions, lan-

guage changes of some word usage to comport with other Illi-

nois VOM regulations, and the addition of certain exemptions

from VOM coating requirements.

○

ENVIRONMENTAL REGISTER

JANUARY 1999

Illinois’ SIP for ozone contains several regulations in 35 Ill.

Adm. Code 215, which require VOM controls for stationary

sources located in Illinois’ attainment area. The SIP submittal

is a result of regulations adopted by the Board on June 4, 1998.

See In the Matter of: Clean-Up Amendments to 35 Ill. Adm.

Code 215 (Emission Standards and Limitations for Stationary

Sources Located Outside the Chicago and Metro-East Ozone

Non-Attainment Areas) (June 4, 1998), R98-15.

This proposed approval becomes final March 16, 1999.

Department of Human Health and Services Issues Update on

the Status of Superfund Substance-Specific Applied Research

Program

On January 15, 1999, the United States Department of Health

and Human Services updated the status of the Superfund sub-

stance-specific applied research program, which was last up-

dated in 1996. See 64 Fed. Reg. 2759 (January 15, 1999).

Authorized by the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (CERCLA, also

known as the Superfund statute), as amended by the Superfund

Amendments and Reauthorization Act of 1986 (42 U.S.C. §

9604(i) (1986)), this research program was initiated on Octo-

ber 17, 1991. At that time, a list of priority data needs for 38

priority hazardous substances frequently found at waste sites

was announced. The list was subsequently revised based on

public comments (see 57 Fed. Reg. 54150 (November 16,

1992)).

The 38 substances, each of which is found on the Agency for

Toxic Substances and Disease Registry (ATSDR) Priority List

of Hazardous Substances are listed in the

Federal Register

(see

62 Fed. Reg. 61332 (November 17, 1997)). To date, 124 pri-

ority data needs have been identified for the first set of 38 haz-

ardous substances, and 64 priority data needs have been iden-

tified for the second set of 12 hazardous substances. ATSDR

fills these data needs through regulatory mechanisms, private-

sector volunteerism, and the direct use of CERCLA funds.

Additional data needs are being addressed through an inter-

agency agreement with the National Toxicology Program, by

ATSDR’s Great Lakes Human Health Effects Research Pro-

gram, and other agency programs.

Office of Surface Mining Reclamation and Enforcement Ap-

proves Amendments to the Illinois Abandoned Mine Land Rec-

lamation Plan

On January 22, 1999, the United States Office of Surface Mining

Reclamation and Enforcement (OSM) approved amendments to

the Illinois abandoned mine land reclamation plan (Illinois plan)

under the Surface Mining Control and Reclamation Act of 1977

(SMCRA). See 64 Fed. Reg. 3413 (January 22, 1999). Illinois

proposed revisions and additions to the Illinois Plan relating to

OSM reorganization, legal opinion, definitions, project priori-

ties, utilities, and other facilities, eligible coal lands and water,

eligible non-coal lands and water, project selection, annual grant

process, liens, right of entry, public participation, bidding require-

ments and conditions, contracts, and contractor responsibility.

The amendments are intended to revise the Illinois Plan to be

consistent with corresponding federal regulations and the SMCRA

and to improve operational efficiency.

United States Environmental Protection Agency Reaches Settle-

ment with CITGO Petroleum Corporation, Lemont, DuPage

County, Illinois Site

On January 19, 1999, the United States Environmental Protec-

tion Agency, Region 5, announced that it reached a settlement

agreement with CITGO Petroleum Corporation (CITGO) on

alleged violations of the federal hazardous air pollutant regu-

lations (see 42 U.S.C. § 7412 (1990); 40 C.F.R. § 61.01) at

CITGO’s petrochemical manufacturing unit, 135th Street and

New Avenue, Lemont, DuPage County, Illinois. CITGO makes

benzene, toluene, xylene, hexane, and heptane at this location.

A $30,000 penalty was assessed. Hazardous air pollutants are

also volatile organic materials that contribute to the formation

of ground-level ozone, or smog. Children, the elderly, and

people with chronic respiratory disease are the most sensitive

to these materials.

For further information regarding this settlement, contact Karl

Karg at 312/886-7948.

United States Environmental Protection Agency Reaches Settle-

ment with Minnesota Mining and Manufacturing Company,

Cordova, Rock Island County, Illinois Facility

On January 25, 1999, the United States Environmental Protec-

tion Agency, Region V, announced that it had settled an ad-

ministrative action against the Minnesota Mining and Manu-

facturing Company (3M) for alleged hazardous waste viola-

tions under the Resource Conservation and Recovery Act (see

42 U.S.C. § 6901

et seq.

) at its Cordova, Rock Island County,

Illinois, facility. 3M agreed to pay a $143,800 penalty and to

investigate and clean up any hazardous-waste spills that may

have occurred in two areas of the Cordova facility. The

Cordova facility produces specialty chemicals primarily for

other 3M manufacturing facilities throughout the country.

Questions regarding this settlement agreement may be directed

to Steve Murawski at 312/886-6741.

○

ENVIRONMENTAL REGISTER

JANUARY 1999

BOARD ACTIONS

January 7, 1999

Springfield, Illinois

RULEMAKINGS

R99-19

In the Matter of: Regulated Recharge Area Designation, Durand, Winnebago County - The Board dismissed petitioner’s

request for a regulated recharge area in the areas south of Durand, Winnebago County, Illinois. The Board found that the

request did not follow the procedures for establishing a regulated recharge area as set forth in Sections 17.2, 17.3, and 17.4 of

the Act. 415 ILCS 5/17.2-4.

Vote: 5-0

ADMINISTRATIVE CITATIONS

AC 99-19

County of LaSalle v. Rachel Southcombe c/o William Southcombe, P.O.A. - The Board found that this LaSalle

County respondent violated Section 21(p)(1) of the Environmental Protection Act (415 ILCS 5/21(p)(1) (1996)) and ordered

respondent to pay a civil penalty of $500.

Vote: 5-0

ADJUDICATORY CASES

DECISIONS

PCB 94-288

People of the State of Illinois v. John Nordigian - 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 air enforcement action involving a Lake County facility, ordered respondent to pay a civil penalty of $1,000, and to cease

and desist from further violations.

Vote: 5-0

PROVISIONAL VARIANCES

PCB 99-96

Galesburg Sanitary District 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 limits for effluent

discharges in excess of 22 million gallons per day as set forth in 35 Ill. Adm. Code 304.141(a) and 304.207(a).

Vote: 5-0

PCB 99-97

Wrico Packing v. IEPA - Upon receipt of an Illinois Environmental Protection Agency recommendation, the Board

granted this Cook County facility a 45-day provisional variance, subject to conditions, from the requirement to operate a capture

system and control device at all times when the printing line is in operation found at 35 Ill. Adm. Code Part 218.401(c).

Vote: 5-0

PCB 99-99

Norfolk and Southern Railway Company v. IEPA - Upon receipt of an Illinois Environmental Protection Agency

recommendation, the Board granted a 12-day provisional variance to this Macon 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: 5-0

PCB 93-3

People of the State of Illinois v. Archer Daniel Midland Company - 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 Peoria County facility, the Board ordered publication of the required newspaper notice.

Vote: 5-0

PCB 97-66

People of the State of Illinois v. D’Angelo Enterprises, Inc. - The Board denied respondent’s cross-motion for

summary judgment.

Vote: 5-0

PCB 97-168

People of the State of Illinois v. Old World Industries, Inc. and Specialty Sealant Tapes, Inc. - The Board denied

respondent’s motion for certificate of appeal and to stay the proceedings.

Vote: 5-0

MOTIONS AND OTHER MATTERS

ENVIRONMENTAL REGISTER

JANUARY 1999

PCB 97-203

People of the State of Illinois v. Spirco Environmental, Inc. - The Board granted complainant’s motion to correct

complainant’s reply brief filed December 17, 1998.

Vote: 5-0

PCB 98-31

Roy K. Johnson v. Archer Daniel Midland-Demeter Hoopeston Division - The Board denied respondent’s motion

for summary judgment.

Vote: 5-0

PCB 98-72

St. Clair Properties Development, Inc. v. IEPA - The Board granted petitioner’s motion for voluntary dismissal of

this permit appeal involving a St. Clair County facility.

Vote: 5-0

PCB 98-154

People of the State of Illinois v. P & H Manufacturing Company - The Board granted complainant’s motion for

leave to amend complaint.

Vote: 5-0

PCB 98-169

Union Oil Company of California d/b/a Unocal v. Barge-Way Oil Company, Inc., Bargeway Systems, Inc., Joseph

Kellogg, Nielsen’s Bargeway, Gertrude Kellogg, Robert Nielsen, Robert F. Atkins, and Mobil Oil Company - The Board granted in

part and denied in part respondent Mobil Oil Company’s motion to dismiss. The remaining issues in this citizen’s underground

storage tank enforcement action involving a DuPage County facility will be addressed at hearing.

Vote: 4-1

Flemal dissented

PCB 98-172

People of the State of Illinois v. City of Chester - 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 Randolph County

facility, the Board ordered publication of the required newspaper notice.

Vote: 5-0

PCB 99-56

Illinois State Toll Highway Authority (Lake Forest Oasis - West) v. IEPA - The Board accepted for hearing and, on its

own motion, consolidated this underground storage tank appeal with twelve pending cases involving the same petitioner.

Vote: 5-0

PCB 99-57

XCTC Limited Partnership 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: 5-0

PCB 99-61

Illinois State Toll Highway Authority (Schiller Park/O’Hare Oasis - East) 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: 5-0

PCB 99-62

Illinois State Toll Highway Authority (Des Plaines/Des Plaines Oasis) 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: 5-0

PCB 99-64

Jean S. Dixon v. Joseph Behr & Sons, Inc. - The Board accepted for hearing this citizen’s noise enforcement action

involving a Winnebago County facility.

Vote: 5-0

PCB 99-71

Carl and Nina Brunson v. MCI WorldCom, Inc. and IXC Carrier, Inc. - The Board accepted for hearing this citizens’

noise enforcement action involving a Jasper County facility.

Vote: 5-0

PCB 99-80

Central Illinois Light Company (Edwards Station) v. IEPA - The Board accepted for hearing this petition for air

variance

involving a Peoria County facility.

Vote: 5-0

PCB 99-81

Equilon Enterprises 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: 5-0

PCB 99-83

Illinois State Toll Highway Authority (Hinsdale Oasis-East) v. IEPA - The Board granted this request for a 90-day

extension of time to file an underground storage tank appeal on behalf of a Cook County facility.

Vote: 5-0

PCB 99-84

Yesley Service 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 Randolph County facility.

Vote: 5-0

PCB 99-85

People of the State of Illinois v. Camboni’s Incorporated d/b/a Wall’s Mobile Home Park - 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 DuPage County facility, the Board ordered publication of the required newspaper notice.

Vote: 5-0

PCB 99-86

McWane, 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 DuPage County facility.

Vote: 5-0

PCB 99-87

Jeff’s Service 76 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: 5-0

PCB 99-88

Naperville Radiator Services 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: 5-0

ENVIRONMENTAL REGISTER

JANUARY 1999

PCB 99-89

Belvidere/MDI Ltd. Partnership v. IEPA - The Board accepted for hearing this underground storage tank appeal

involving a Boone County facility.

Vote: 5-0

PCB 99-90

Belvidere/MDI Ltd. Partnership v. IEPA - The Board found that this request for 90-day extension was mooted by

MDI’s proper filing of an appeal in docket PCB 99-89. The Board therefore closed docket PCB 99-90.

Vote: 5-0

PCB 99-91

Cloverhill Bakery v. IEPA - The Board accepted for hearing this petition for an air permit appeal

involving a Cook

County facility.

Vote: 5-0

January 21, 1999

Chicago, Illinois

RULEMAKINGS

R99-18

In the Matter of: Permits for Used Oil Management and Used Oil Transport 35 Ill. Adm. Code 809 and 807 - The Board

adopted a first-notice opinion and order in this proposed rulemaking to amend the Board’s solid waste and special waste hauling

regulations.

Vote: 7-0

ADJUSTED STANDARDS

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 petitioner’s motion to extend the filing date of an amended petition for an adjusted standard

involving a Lake County facility.

Vote: 7-0

ADMINISTRATIVE CITATIONS

AC 99-21

IEPA v. Charles Trammel d/b/a Trammel Trucking - The Board found that this Cook County respondent violated

Section 21(p)(1) of the Environmental Protection Act (415 ILCS 5/21(p)(1) (1996)) and ordered respondent to pay a civil

penalty of $500.

Vote: 7-0

AC 99-22

IEPA v. William Cagle - The Board found that this Macoupin 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 99-23

IEPA v. Ed Kuresten d/b/a Greenland Tree & Lawn - The Board granted complainant’s motion to withdraw this

administrative citation involving a Cook County facility.

Vote: 7-0

ADJUDICATORY CASES

DECISIONS

PCB 97-115

People of the State of Illinois v. Citizens Utilities Company of Illinois - 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 air enforcement action involving facilities in Kane and Will Counties, ordered respondent to pay a

civil penalty of $65,000, and to cease and desist from further violations.

Vote: 7-0

PCB 98-102

Panhandle Eastern Pipe Line Company v. IEPA - The Board affirmed the decision of the Illinois Environmental Protec-

tion Agency to deny petitioner’s request for an air permit for its facility located in Glenarm, Sangamon County, Illinois.

Vote: 7-0

ENVIRONMENTAL REGISTER

JANUARY 1999

PCB 98-156

Richard and Wilma Salyer v. IEPA - The Board affirmed the decision of the Illinois Environmental Protection

Agency to deny petitioners’ request for reimbursement of costs for remedial activities at their facility located in Elmhurst,

DuPage County, Illinois.

Vote: 7-0

PCB 99-73

People of the State of Illinois v. J.L. Clark, 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) (1996)), accepted a stipulation and settlement agreement in

this air enforcement action involving facilities in Winnebago and DuPage Counties, ordered respondent to pay a civil penalty of

$25,000, and to cease and desist from further violations.

Vote: 7-0

PROVISIONAL VARIANCES

PCB 99-104

Thorncreek Sanitary District v. IEPA - Upon receipt of an Illinois Environmental Protection Agency recommendation, the

Board granted this Cook County facility a 45-day provisional variance, subject to conditions, from 35 Ill. Adm. Code 304.141(a) and the

effluent disinfection requirements set forth in National Pollutant Discharge Elimination System Permit No. IL0027723.

Vote: 7-0

PCB 99-105

City of Hillsboro v. IEPA - Upon receipt of an Illinois Environmental Protection Agency recommendation, the

Board granted this Montgomery County facility a 45-day extension of the provisional variance granted in PCB 99-49 on

October 1, 1998, subject to conditions, from the five-day biochemical oxygen demand and total suspended solids limits set 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. IL0029203.

Vote: 7-0

MOTIONS AND OTHER MATTERS

PCB 96-261

People of the State of Illinois v. G.M. Demolition Corporation - The Board granted complainant’s motion for

reconsideration and affirmed in part and reversed in part its October 1, 1998 order. The remaining issues in this air enforcement

action involving facilities in Cook and Kankakee Counties will be addressed at hearing.

Vote: 7-0

PCB 98-17

People of the State of Illinois v. Scrap Tire Recycling Center, Inc., f/k/a Russell Foundry, Thomas Ratovic and Leon

Benish - The Board denied complainant’s motion for sanctions in this land enforcement action involving a Lake County facility.

Vote: 7-0

PCB 98-18

James R. and Lucille J. Metz v. United States Postal Service and Bradley Real Estate - The Board denied complainant’s

motion for reconsideration in this citizen’s noise enforcement action involving a Sangamon County facility.

Vote: 7-0

PCB 98-143

Accurate Perforating Company, Inc. v. IEPA - The Board granted petitioner’s motion for voluntary dismissal of

this underground storage tank appeal involving a Cook County facility.

Vote: 7-0

PCB 99-27

People of the State of Illinois v. James and Carol Gilmer - The Board denied respondents’ motion to dismiss count

I, complainant’s motion to file a response to the motion to dismiss and reply, and third-party respondents’ motion to dismiss.

The Board granted third-party complainant’s motion to amend the third-party complaint.

Vote: 7-0

PCB 99-41

White Cap, Inc. v. IEPA - The Board granted petitioner’s motion to modify the November 19, 1998 Board order.

Vote: 7-0

PCB 99-63

Estate of Sam Kugler 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 Mercer County facility.

Vote: 7-0

PCB 99-67

City of Elgin 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 99-70

Will County Sheriff’s Department 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 Will County facility.

Vote: 7-0

PCB 99-82

Michael R. Pawlowski and Diane K. Pawlowski v. David Johnson and Troy Quinley, individually and d/b/a

Benchwarmers Pub, Inc. - The Board denied respondents’ motion to dismiss and accepted for hearing this citizens’ noise

enforcement action involving a Livingston County facility.

Vote: 7-0

ENVIRONMENTAL REGISTER

JANUARY 1999

PCB 99-98

Kendall-Grundy FS, Inc. v. IEPA - The Board accepted for hearing this tax certification appeal involving a Grundy

County facility.

Vote: 7-0

PCB 99-100

People of the State of Illinois v. Hinz Lithographing Company - 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: 7-0

PCB 99-101

Thiele Transportation 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 Lake County facility.

Vote: 7-0

PCB 99-102

People of the State of Illinois v. The Scotts Company - 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

Kendall County facility, the Board ordered publication of the required newspaper notice.

Vote: 7-0

NEW CASES

JANUARY 7, 1999

99-56

Illinois State Toll Highway Authority (Lake Forest Oa-

sis - West) v. IEPA - The Board accepted for hearing and, on

its own motion, consolidated this underground storage tank

appeal with twelve pending cases involving the same petitioner.

99-79

People of the State of Illinois v. Gary Claxton d/b/a

Midwest Grinding and Recycling -The Board accepted for

hearing this air enforcement action against a Madison County

facility.

99-80

Central Illinois Light Company (Edwards Station) v.

IEPA - The Board accepted for hearing this petition for air

variance

involving a Peoria County facility.

99-81

Equilon Enterprises 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.

99-82

Michael R. Pawlowski and Diane K. Pawlowski v. David

Johansen and Troy Quinley, individually and d/b/a

Benchwarmers Pub, Inc. - The Board held for a later duplici-

tous/frivolous determination this citizens’ noise enforcement

action involving a Livingston County facility.

99-83

Illinois State Toll Highway Authority (Hinsdale Oasis-

East) v. IEPA - The Board granted this request for a 90-day

extension of time to file an underground storage tank appeal

on behalf of a Cook County facility.

99-84

Yesley Service Company 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 Randolph County

facility.

99-85

People of the State of Illinois v. Camboni’s Incorpo-

rated d/b/a Wall’s Mobile Home Park - Upon receipt of a pro-

posed stipulation and settlement agreement and an agreed

motion to request relief from the hearing requirement in this

water enforcement action against a DuPage County facility,

the Board ordered publication of the required newspaper no-

tice.

99-86

McWane, 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 DuPage County facility.

99-87

Jeff’s Service 76 v. IEPA - The Board granted this re-

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

storage tank appeal on behalf of a Kane County facility.

99-88

Naperville Radiator Services 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.

99-89

Belvidere/MDI Ltd. Partnership v. IEPA - The Board

accepted for hearing this underground storage tank appeal in-

volving a Boone County facility.

99-90

Belvidere/MDI Ltd. Partnership v. IEPA - The Board

found that this request for 90-day extension was mooted by

MDI’s proper filing of an appeal in docket PCB 99-89. The

Board therefore closed docket PCB 99-90.

99-91

Cloverhill Bakery v. IEPA - The Board accepted for

hearing this petition for an air permit appeal

involving a Cook

County facility.

99-92

People of the State of Illinois v. Hartz Construction Co.,

Inc. - The Board accepted for hearing this land enforcement

action against a Cook County facility.

99-93

People of the State of Illinois v. South Palos Township

Sanitary District - The Board accepted for hearing this water

enforcement action against a Cook County facility.

99-94

People of the State of Illinois v. Graham C-Stores Com-

pany - The Board accepted for hearing this air enforcement

action against a Cook County facility.

ENVIRONMENTAL REGISTER

JANUARY 1999

99-95

People of the State of Illinois v. Graham Enterprise Com-

pany - The Board accepted for hearing this air enforcement

action against a Cook County facility.

99-96

Galesburg Sanitary District v. IEPA - Upon receipt of

an Illinois Environmental Protection Agency recommendation,

the Board granted this Knox County facility a 45-day provi-

sional variance, subject to conditions, from the limits for efflu-

ent discharges in excess of 22 million gallons per day as set

forth in 35 Ill. Adm. Code 304.141(a) and 304.207(a).

99-97

Wrico Packing v. IEPA - Upon receipt of an Illinois

Environmental Protection Agency recommendation, the Board

granted this Cook County facility a 45-day provisional vari-

ance, subject to conditions, from the requirement to operate a

capture system and control device at all times when the print-

ing line is in operation found at 35 Ill. Adm. Code Part

218.401(c).

99-99

Norfolk and Southern Railway Company v. IEPA - Upon

receipt of an Illinois Environmental Protection Agency rec-

ommendation, the Board granted a 12-day provisional vari-

ance to this Macon 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 99-24

County of Will v. Donna K. Kelly - The Board

accepted an administrative citation against this Will County

respondent.

AC 99-25

County of Lake v. North Shore Sanitary District -

The Board accepted an administrative citation against this Lake

County respondent.

AC 99-26

IEPA v. Woodford Plaza, Inc. - The Board accepted

an administrative citation against this Macon County respon-

dent.

AC 99-27

IEPA v. Ed Wright - The Board accepted an ad-

ministrative citation against this Sangamon County respon-

dent.

AC 99-28

IEPA v. A.J. Roofing Company, Inc. - The Board

accepted an administrative citation against this Cook County

respondent.

JANUARY 21, 1999

99-98

Kendall-Grundy FS, Inc. v. IEPA - The Board accepted

for hearing this tax certification appeal involving a Grundy

County facility.

99-100

People of the State of Illinois v. Hinz Lithographing

Company - Upon receipt of a proposed stipulation and settle-

ment 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.

99-101

Thiele Transportation 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 Lake County facil-

ity.

99-102

People of the State of Illinois v. The Scotts Company -

Upon receipt of a proposed stipulation and settlement agree-

ment and an agreed motion to request relief from the hearing

requirement in this water enforcement action against a Kendall

County facility, the Board ordered publication of the required

newspaper notice.

AC 99-29

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

- The Board accepted an administrative citation against this

Rock Island County respondent.

AC 99-30

IEPA v. Streator Area Landfill, Inc. and Mark Hinds

- The Board accepted an administrative citation against these

Livingston County respondents.

○

ENVIRONMENTAL REGISTER

JANUARY 1999

CALENDAR OF MEETINGS

FEBRUARY

3:00 pm --

R99-10 Hospital/Medical/Infectious

Waste Incinerators: Adoption of 35 Ill. Adm. Code 229

Illinois Pollution Control Board

600 S. Second Street

Hearing Room 403

Springfield, IL

11:30 am

Illinois Pollution Control Board Meeting

Springfield, IL

1:00 pm

--R99-10 Hospital/Medical/Infectious

Waste Incinerators: Adoption of 35 Ill. Adm. Code 229

James R. Thompson Center

100 W. Randolph Street

Suite 9-040

Chicago, IL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

MARCH

10:30 am --

R99-18 Amendments to Permitting for

Used Oil Management and Used Oil Transport: 35 Ill. Adm.

Code 807 and 809

Illinois Pollution Control Board

600 S. Second Street

Hearing Room 403

Springfield, IL

9:00 am --

PCB 98-84 Scott Behrmann and Shelly

Behrmann v. Okawville Farmers Elevator-St. Libory

Law Office of

LeChien & LeChien, Ltd.

120 West Main Street, Suite 10

Belleville, IL

9:00 am --

PCB 98-84 Scott Behrmann and Shelly

Behrmann v. Okawville Farmers Elevator St. Libory

Illinois Pollution Control Board

600 S. Second Street

Hearing Room 403

Springfield, IL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

10:00 am --

PCB 99-80 Central Illinois Light

Company (E.D. Edwards Generating Station) v. IEPA

Peoria County Courthouse

Conference Room A, 4th Floor

324 Main Street

Peoria, IL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

APRIL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

9:30 am --

PCB 99-38 Lawrence C. Sweda v.

Outboard Marine Corporation and the City of Waukegan

Lake County Courthouse

Room 301

18 North County Street

Waukegan, IL

9:30 am -- PCB 99-38 Lawrence C. Sweda v.

Outboard Marine Corporation and the City of Waukegan

Lake County Courthouse

Room 301

18 North County Street

Waukegan, IL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

ENVIRONMENTAL REGISTER

JANUARY 1999

MAY

11:30 am

Illinois Pollution Control Board Meeting

Springfield, IL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

JUNE

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

JULY

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

AUGUST

11:30 am

Illinois Pollution Control Board Meeting

Springfield, IL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

SEPTEMBER

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

OCTOBER

10:30 am

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

Suite 2-025

Chicago, IL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

NOVEMBER

11:30 am

Illinois Pollution Control Board Meeting

Springfield, IL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

DECEMBER

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

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.

ENVIRONMENTAL REGISTER

JANUARY 1999

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-mem-

ber 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

Web Site: http://www.ipcb.state.il.us/