W:\HTDOCS\WORK\REGISTER\1199\11

BOARD UPDATE
RULE UPDATE
BOARD ACTIONS
NOVEMBER 4, 1999
BOARD ACTIONSNOVEMBER 18, 1999
CALENDAR OF MEETINGSAND HEARINGS

OVEMBER

1999

UMBER

545

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UBLICATION

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HAIRMAN

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The State and University Employees Combined Appeal (SECA)

campaign is a once-a-year worksite fundraising drive that allows State

employees the opportunity to contribute to charitable organizations.

The SECA campaign supports many service oriented organizations that

help to improve our communities. This campaign year of 1999 resulted in

the Board making an agency-wide contribution of $2,448.

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oard Adopts Proposal for Public Comment in

In the Matter of: Wastewater Pretreatment

Update, USEPA Regulations (January 1, 1999,

through June 30, 1999)

, R00-7

On November 4, 1999, the Board adopted a

proposal for public comment in In the Matter of:

Wastewater Pretreatment Update, USEPA

Regulations (January 1, 1999, through June 30,

1999)

, docketed by the Board as R00-7. The Board

proposed these amendments pursuant to Sections 7.2

and 13.3 of the Environmental Protection Act (Act)

(415 ILCS 5/7.2, 13.3 (1998)), which provide for

quick adoption of regulations that are

identical-in-substance to federal wastewater

pretreatment regulations adopted by the United

States Environmental Protection Agency (USEPA)

pursuant to Sections 307(b), (c), and (d) and

402(b)(9) of the Federal Water Pollution Control Act

(FWPCA) (33 U.S.C. §§ 1317(b), (c), (d),

1342(b)(9) (1996)).

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PAGE

FOUR

NVIRONMENTAL

EGISTER

NEWSLETTER

PUBLISHED

THE

IPCB

MONTHLY

AND

CON

TAINS

UPDATES

RULEMAKINGS

DESCRIPTIONS

FINAL

DECISIONS

THE

OARD

’

HEARING

CAL

ENDAR

AND

OTHER

ENVIRONMENTAL

LAW

INFORMATION

INTEREST

THE

EOPLE

THE

TATE

LLINOIS

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

ITE

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

NVIRONMENTAL

EGISTER

ETTER

ROM

THE

HAIRMAN

As the Chairman of the Illinois Pollution Control Board I have always tried to

improve the Board’s link with its constituency. And so it is my pleasure to begin

this new feature in the Environmental Register; “A Letter from the Chairman”.

Each month I will talk about new developments, new initiates, and the new ways

we are addressing your concerns. As always, the Board is here to protect the

environment and the citizens of the State of Illinois through good, fair and

neutral decision-making regarding environmental issues of concern. We are also

here to serve you — by providing whatever assistance might be necessary to

guide you through our decision-making process.

One of the Board’s best communication tools is its website

(http://www.ipcb.state.il.us). The Board works very hard to maintain and

improve its website so people throughout Illinois can stay current with the

Board and research its decisions. It is my pleasure to inform you that all of the

Board’s opinions and orders from 1990 to the present are now available – and

searchable — on the Board’s website. The new PDF documents can be easily

retrieved by searching for them at any of the website search prompts, but before

beginning your search please familiarize yourself with the updated search tips in order to make your search more efficient and

effective. In the not-so-distant future, we hope to have a full library of Board decisions available on our site, beginning with

the Board’s first case in 1970.

The Board’s website is maintained by our Public Information Coordinator, Cameron Kline who joined the Board this past

August. Prior to coming to the Board, Cameron was a James H. Dunn Fellow in the Governor’s press office, worked as an

intern at WDWS-AM in Champaign, and had an assistantship with the National Center of Supercomputing Applications at the

University of Illinois. Cameron is responsible for working with the Board’s constituency, maintaining the Board’s media

relations, and disseminating information, but he is also here to help you. So, please do not hesitate to contact Cameron if you

have a question or suggestion about the Board, our services, or our website.

Also, for those of you who have legislative concerns or questions as we approach our upcoming legislative season, do not

hesitate to directly contact the Board’s legislative liaison, John Cross. As many of you know, John provides an invaluable

service to the Board directly and, indirectly, to the people of the State of Illinois. His knowledge of the State’s legislative

process and the complex web of legislation regarding Illinois’ environment, has been paramount in the Board’s ability to

provide service to the broad community of interested persons we deal with daily. John can be accessed via the Board’s

Springfield office.

It has been a pleasure to begin this new feature and I hope to hear from you soon. From this issue on there will be a comment

card in the Environmental Register so you can easily relay your comments and questions to the Board.

Yours,

Claire Manning, Chairman

Illinois Pollution Control Board

November 1999

EDERAL

CTIONS

nited States Environmental Protection Agency

Announces Public Meetings Regarding Proposed Rule to

Lower the Reporting Thresholds for Lead and Lead Compounds

Under the Emergency Planning and Community Right-to-

Know Act and the Pollution Prevention Act

On November 15, 1999, the United States Environmental

Protection Agency (USEPA) announced that it will hold

public meetings to obtain comment on issues relating to the

USEPA’s August 3, 1999 proposed rule to lower the reporting

thresholds for lead and lead compounds which are subject to

reporting under Section 313 of the Emergency Planning and

Community Right-to-Know Act (EPCRA) of 1986 (42 U.S.C. §

11003 (1986)) and Section 6607 of the Pollution Prevention

Act (PPA) of 1990 (42 U.S.C. § 13106 (1990)). 64 Fed. Reg.

61807 (November 15, 1999).

Currently, the reporting thresholds under Section 313 of

EPCRA for lead and lead compounds are 25,000 pounds

manufactured or processed, or 10,000 pounds otherwise

used. The August 3, 1999 proposed rules would lower the

threshold for each category to 10 pounds. USEPA

anticipates that the proposed rules will significantly increase

the number of reports submitted for lead and lead

compounds, as well as result in a number of toxic release

inventory facilities filing reports for the first time under

Section 313 of EPCRA and Section 6607 of the PPA.

A meeting was scheduled for December 2, 1999, in USEPA’s

Chicago office. For information about the public meetings,

contact the Community Right-to-Know Hotline at 800/535-

0202.

nited States Environmental Protection Agency

Adopts

Revisions to the List of Categories of Major and Area

Sources and Revisions to the Promulgation Schedule for

Standards

On November 18, 1999, the United States Environmental

Protection Agency (USEPA) published revisions to the list of

categories of major and area sources and revisions to the

schedule for the promulgation of standards for sources of

hazardous air pollutants. 64 Fed. Reg. 63025 (November 18,

1999). Pursuant to Section 112 (c) and (e) of the Clean Air

Act (42 U.S.C. § 7412(c), (e) (1990)), the source category list

and schedule for standards constitutes a significant part of

USEPA’s agenda for regulating stationary sources of air

toxics emissions. The list and schedule were most recently

published in the

Federal Register

on February 12, 1998 (63

Fed. Reg. 7155 (February 12, 1998)). For general descriptions

of source categories, refer to the

Federal Register

notice for

the first revision of the source category list and schedule (61

Fed. Reg. 28197 (June 4, 1996)).

These amendments are applicable without further rulemaking

in Illinois in accordance with Section 9.1(b) of the

Environmental Protection Act (415 ILCS 5/9.1(b) (1998)).

For further information about this notice, contact Ms. Maria

Noell, Emission Standards Division (MD-13), USEPA, Office

of Air Quality Planning and Standards, Research Triangle

Park, NC 27711; telephone: 919/541-5607.

nited States Environmental Protection Agency

Proposes to

Retain and Amend the Mixture Rule and the

“Derived-From” Rule Supplementing in the Resource

Conservation and Recovery Act

On November 19, 1999, the United States Environmental

Protection Agency (USEPA) proposed to retain and amend

the mixture rule and the “derived-from” rule supplementing

the Resource Conservation and Recovery Act (RCRA). 64

Fed. Reg. 63381 (November 19, 1999). The mixture and

derived-from rules ensure that hazardous wastes that are

mixed with other wastes or that result from the treatment,

storage, or disposal of hazardous wastes, do not escape

regulation and thereby cause harm to human health and the

environment. USEPA is proposing two revisions to the

mixture and derived-from rules. These revisions would

narrow the scope of these rules, tailoring the rules to more

specifically match the risks posed by particular wastes. The

first is an exemption for mixtures and/or derivatives of wastes

listed solely for the ignitability, corrosivity, and/or reactivity

characteristics. The second is a conditional exemption from

the mixture and derived-from rules for “mixed wastes,”

i.e.,

wastes that are both hazardous and radioactive.

The proposal also contemplates an implementation frame-

work for an exemption from hazardous waste management for

wastes that meet chemical-specific exemption levels, also

known as the Hazardous Waste Identification Rule (HWIR)

exemption. The HWIR exemption would identify a broad set

of listed hazardous waste that could be safely managed in

nonhazardous waste management units. The current version

of the model that could be used to derive the exemption

levels is designed to evaluate simultaneous exposures across

multiple media and pathways in order to estimate the

resulting health and environmental effects. Before using a

revised risk assessment to support a final regulatory action,

USEPA stated that it would propose the HWIR exemption,

thereby providing public notice and the opportunity to

comment on the revised risk assessment and resulting

exemption levels.

Finally, the proposal discusses the possibility of revising the

Land Disposal Regulations by replacing technology-based

treatment standards in these RCRA regulations with risk-

based treatment standards.

NVIRONMENTAL

EGISTER

Section 13.3 of the Act also provides that Title VII of the Act and

Section 5 of the Administrative Procedure Act (5 ILCS 100/5-35

and 5-40 (1998)) do not apply to this rulemaking. Accordingly,

this rulemaking is not subject to first or second-notice review by

the Joint Committee on Administrative Rules.

The proposed rulemaking incorporates certain federal

amendments that occurred during the period of January 1,

1999, through June 30, 1999. The federal wastewater

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

The federal amendments incorporated into this rulemaking

are: 64 Fed. Reg. 4975 (February 2, 1999); 64 Fed. Reg. 26315

(May 14, 1999); and 64 Fed. Reg. 30417 (June 8, 1999). On

February 2, 1999, the USEPA amended the 40 C.F.R. § 136

methods for whole effluent toxicity testing for the purposes

of compliance with the Clean Water Act (CWA). On May 14,

1999, the USEPA approved the use of a new method for

analyzing oil and grease for the purposes of compliance with

the CWA and the Resource Conservation and Recovery Act

regulations. On June 8, 1999, the USEPA amended its

guidance on the analysis of mercury in water for the

purposes of compliance with the water quality requirements

of the CWA. In its proposal for public comment, the Board

proposes incorporating these amendments into its rules by

updating an incorporation by reference found at 35 Ill. Adm.

Code 310.107(b).

Upon publication of the proposed amendments in the

Illinois

Register

, a 45-day public comment period will commence.

Public comments filed during this time frame should be

addressed to the Clerk of the Board.

Please direct any questions regarding this proposal to Steven

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

slanghof@pcb084r1.state.il.us

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nited States Environmental Protection Agency

Adopts

Proposes Rules for the Storage, Treatment and Disposal

of Low-Level Mixed Wastes

On November 19, 1999, the United States Environmental

Protection Agency (USEPA) proposed rules to provide

flexibility to facilities that manage low-level mixed waste

(LLMW) and naturally occurring and/or accelerator-

produced radioactive material (NARM) mixed with

hazardous waste. 64 Fed. Reg. 63463 (November 19, 1999).

The proposed rules reduce dual regulation of LLMW,

which is subject to both the Resource Conservation and

Recovery Act (RCRA) and to the Atomic Energy Act.

USEPA expects that the changes will lower costs and

reduce paperwork burdens, while improving or maintaining

protection of human health (including worker exposure to

radiation) and the environment.USEPA proposes allowing

on-site storage and treatment of the LLMW and NARM

wastes at the generator’s site. The proposed rules will

require the use of tanks or containers to solidify,

neutralize, or otherwise stabilize the waste and would

apply only to generators of low-level mixed waste who are

licensed by the Nuclear Regulatory Commission (NRC) or

an Agreement State. The USEPA also seeks to exempt

LLMW and NARM waste from RCRA manifest,

transportation, and disposal requirements when certain

conditions are met. Under this conditional exemption,

generators and treaters must still comply with manifest,

transport, and disposal requirements under the NRC

regulations for LLMW or NARM.

nited States Environmental Protection Agency

Issues National Emission Standards for Hazardous Air

Pollutants for Generic Maximum Achievable Control

Technology

On November 22, 1999, the United States Environmental

Protection Agency (USEPA) proposed amendments to the

promulgated rules at 40 C.F.R. 63, Subpart YY, adopted on

June 29, 1999 (64 Fed. Reg. 34854 (June 29, 1999)),

regarding the regulation of surge control vessels and

bottom receiver vessels. 64 Fed. Reg. 63779 (November

22, 1999). This proposal clarifies that surge control

vessels and bottom receiver vessels containing

wastewater are covered by wastewater provisions.

For further information concerning this proposal, contact

Mr. David W. Markwordt, Policy, Planning, and Standards

Group, Emission Standards Division (MD-13), USEPA,

Research Triangle Park, NC 27711; telephone:

919/541-0837.

If adopted, these amendments are directly applicable

without further rulemaking in Illinois in accordance with

Section 9.1(b) of the Environmental Protection Act (415

ILCS 5/9.1(b) (1998)).

ourth District Appellate Court Dismisses Appeal of Board

Decision in Victor Cory v. Illinois Dismisses Appeal of

Board

(No. 4-99-0676), PCB 98-171

On November 16, 1999, the Fourth District Appellate Court, in

an unpublished order issued pursuant to Illinois Supreme

Court Rule 23 (155 Ill. 2d R. 23), dismissed an appeal of the

Board’s decision in People of the State of Illinois v. Victor

Cory (July 22, 1999), PCB 98-171.

November 1999

In its July 22, 1999 decision, the Board found Victor Cory

(Cory) in violation of Sections 12(a) and 12(f) of the

Environmental Protection Act (415 ILCS 5/12(a), (f) (1998)) for

causing water pollution as a result of the discharge and continued

threat of discharge, of livestock waste contaminants into a water

of the State without a National Pollution Discharge Elimination

System permit. The Board also found Cory in violation of

Section 501.404(c) of the Board’s rules pertaining to the

maintenance of livestock waste lagoons in a manner to ensure

adequate storage capacity. 35 Ill. Adm. Code 501.404(c). The

Board ordered Cory to close the livestock waste lagoons and to

pay a penalty of $22,000.

Cory appealed the Board’s decision to the Fourth District

Appellate Court, challenging the amount of the penalty.

However, in its petition for review, Cory named only the Board

as a party respondent and failed to name the State as a party

respondent. As a result, the Attorney General’s office, on behalf

of the Board, moved to dismiss the petition, arguing that the

court lacked jurisdiction due to Cory’s failure to name as

respondents all parties of record.

On November 16, 1999, the Fourth District Appellate Court

granted the Board’s motion to dismiss, finding that because Cory

failed to name all necessary parties, it lacked jurisdiction to hear

this appeal.

econd District Appellate Court Affirms Board Decision in

Environmental Protection Agency v. Pollution Control

Board and Louis Berkman Company, d/b/a Swenson

Spreader Company

(No. 2-98-1101), AS 97-5

On November 19, 1999, the Second District Appellate Court, in

a published opinion, affirmed the Board’s decision in In the

Matter of: Petition of the Louis Berkman Company, d/b/a The

Swenson Spreader Company, for an Adjusted Standard from 35

Ill. Adm. Code 215, Subpart F (May 7, 1998), AS 97-5. This is

the first decision to articulate the standard of review to be

applied to the Board’s decisions in adjusted standard cases.

In its May 7, 1998 opinion, the Board granted The Louis

Berkman Company, d/b/a The Swenson Spreader Company

(Swenson Spreader) a 10-year adjusted standard with conditions

from certain volatile organic material (VOM) control require-

ments, over the objections of the Illinois Environmental Protec-

tion Agency (Agency). Swenson Spreader is an Ogle County

manufacturer of snow and ice-control equipment, which is

subject to the VOM rules for miscellaneous metal parts found at

35 Ill. Adm. Code 215.204(j)(2). Those rules limit the VOM

content of coatings to 3.5 lb/gal.

In an interim opinion and order of December 4, 1997 (see In the

Matter of: Petition of the Louis Berkman Company, d/b/a The

Swenson Spreader Company, for an Adjusted Standard from 35

Ill. Adm. Code 215, Subpart F (December 4, 1997), AS 97-5), the

Board found that there were no compliant coatings available to

Swenson Spreader, and that installation of the power coating

system recommended by the Agency was not economically

reasonable. Among other things, the Board found that the control

cost to Swenson Spreader would be $29,362 per ton, as

compared to the $1,732 per ton cost on which the Board based

its adoption of Part 215 (the Reasonably Available Control

Technology II rules) from which Swenson Spreader sought relief.

The interim order directed Swenson Spreader to submit a

compliance plan to address certain issues outlined in the interim

opinion. In the Board’s final order of May 7, 1998, the Board

granted Swenson Spreader ten years to further study and test

compliant coatings, while allowing it to use coatings with a

VOM content of 4.75 lb/gal.

Sixty days after Swenson Spreader filed the petition for adjusted

standard with the Board, the Agency filed an enforcement

action against Swenson Spreader alleging violations of 35 Ill.

Adm. Code 215, Subpart F. Swenson Spreader had initially

agreed to settle the enforcement matter by installing a powder

coating system, which the Agency alleged was conclusive proof

that such an installation was economically reasonable.

In its November 19 opinion, the Second District Appellate

Court addressed the standard of review applied to Board

decisions in adjusted standard proceedings, an issue of first of

impression. The appellate court recited that the manifest

weight standard applies to quasi-judicial actions of the Board and

that the arbitrary and capricious standard applies to quasi-

legislative actions of the Board, and concluded that, in reviewing

adjusted standards, it would “determine whether the ruling at

issue involved an exercise of the Board’s technical expertise or

an interpretation of a rule or regulation and, consequently,

which standard of review applies.” Environmental Protection

Agency v. Pollution Control Board and Louis Berkman

Company, d/b/a Swenson Spreader Company, No. 2-98-1101,

slip op. at 11 (November 19, 1999).

The appellate court applied the manifest weight standard, used

in quasi-judicial actions, to the Agency’s first issue: that

Swenson Spreader failed to establish that it was entitled to an

adjusted standard because (a) it did not establish that its

customers would not accept powder coating products; and (b) it

did not demonstrate how long it would take to install and

implement a powder coating system. The appellate court was

unconvinced by the Agency’s arguments that the Board’s

decision was against the manifest weight of the evidence.

The appellate court determined that the Agency’s second issue

regarding the interpretation of “economic reasonableness”

required the application of the arbitrary and capricious standard

because the Board utilized its technical expertise in interpreting

applicable regulations. While the appellate court agreed with

the Agency that the Board “in theory” should take into

consideration the tangible benefits that have been established

with some certainty, the court agreed with the Board’s finding

that many of the benefits cited by the Agency as proof of its

position were speculative in nature. The appellate court

accordingly found that the Board’s decision was not arbitrary

and capricious.

With regard to the Agency’s final issue that Swenson Spreader

did not establish the economic unreasonableness of the powder

coating system and that the record as a whole does not support

the Board’s decision, the appellate court did not specifically

state the standard of review which it was applying. The

appellate court, however, agreed with the Board’s conclusion

that Swenson Spreader’s offer to install a powder coating system

did not make it economically reasonable, and that the record

supported the Board’s decision.

NVIRONMENTAL

EGISTER

OARD

CTIONS

PRINGFIELD

, I

LLINOIS

OVEMBER

4, 1999

OTIONS

AND

THER

ATTERS

ROVISIONAL

ARIANCES

R00-7

In re Wastewater Pretreatment Update, USEPA Regulations (January 1, 1999, through June 30, 1999) - The Board

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

pretreatment regulations.

Vote 6-0

ULEMAKING

AC 00-16

IEPA v. Olen G. Parkhill, Jr. - The Board accepted for hearing this petition for review of an administrative citation

against this Champaign County respondent.

Vote 6-0

DMINISTRATIVE

ITATION

PCB 00-78

Ensign Bickford Company v. IEPA - Upon receipt of an Illinois Environmental Protection Agency

recommendation, the Board granted this Union County facility a 45-day provisional variance, subject to conditions, from

the open burning prohibition of 35 Ill. Adm. Code 237.102.

Vote 6-0

PCB 00-79

Solar Communications v. IEPA - Upon receipt of an Illinois Environmental Protection Agency recommendation,

the Board granted this DuPage County facility a seven-day provisional variance, subject to conditions, from the volatile

organic material emissions control requirements of 35 Ill. Adm. Code 218.401(c)(6).

Vote 6-0

PCB 00-80

Polyfoam Packers Corporation v. IEPA - Upon receipt of an Illinois Environmental Protection Agency

recommendation, the Board granted this Lake County facility a ten-day provisional variance, subject to conditions, from

the volatile organic material emissions control requirements in 35 Ill. Adm. Code Part 218.926(a) and conditions 7.1.3(b) and

7.1.6 of petitioner’s Clean Air Act Permit Program permit.

Vote 6-0

PCB 99-30

Lucille Wathen v. Robert and Wendy Stryker - The Board granted this Cook County complainant’s motion to dismiss

without prejudice.

Vote 6-0

PCB 00-23

National Castings, Inc. v. IEPA - The Board dismissed this matter due to this Cook County petitioner’s failure to retain

an attorney and file an amended petition pursuant to a September 4, 1999 Board order.

Vote 6-0

PCB 00-26

Chester Sewage Treatment Plant v. IEPA

- Having previously granted a request for a 90-day extension, the Board

dismissed this matter because no permit appeal was timely filed on behalf of this Randolph County facility.

Vote 6-0

PCB 00-36

C&J Auto Parts, Inc. v. IEPA - Having previously granted a request for a 90-day extension, the Board dismissed this

matter because no underground storage appeal was timely filed on behalf of this Cook County facility.

Vote 6-0

DJUDICATORY

ASES

November 1999

PCB 00-38

John Johnson Landscaping, Inc. v. IEPA - The Board accepted for hearing this underground storage tank appeal involving a

Cook County facility.

Vote 6-0

PCB 00-68

Village of White City v. IEPA - The Board granted this Macoupin County petitioner until December 4, 1999, to retain an

attorney and to file an amended petition, or the matter will be dismissed and the docket closed.

Vote 5-1 Girard dissented

PCB 00-72

Peacock Oil Company v. IEPA - The Board accepted for hearing this underground storage tank appeal involving a Cook County

facility.

Vote 6-0

PCB 00-73

City of Rock Island v. IEPA - The Board accepted for hearing this National Pollutant Discharge Elimination System permit

appeal involving this Rock Island County facility.

Vote 6-0

PCB 00-74

Wayne Foster v. IEPA - The Board granted this request for a 90-day extension of time to file an underground storage tank

appeal on behalf of this St. Clair County facility.

Vote 6-0

PCB 00-75

Delta Sonic Car Wash Systems, 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 DuPage County facility.

Vote 6-0

PCB 00-76

State Street Shell 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 00-77

Susan Carson 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 6-0

NVIRONMENTAL

EGISTER

OARD

CTIONS

OVEMBER

18, 1999

HICAGO

, I

LLINOIS

DJUSTED

TANDARD

Administrative Citations

AS 00-4

In the Matter of: Petition of Takasago International Corporation (U.S.A.) for an Adjusted Standard from 35

Ill. Adm. Code 302.208 and 304.105 - Upon receipt of a request for a public hearing, the Board directed this request

for an adjusted standard from certain water quality standard requirements on behalf of a Will County facility to

proceed to hearing.

Vote 6-0

AC 00-22

IEPA v. Olen G. Parkhill, Jr. - The Board found that this Champaign County respondent violated Section

21(p)(1) of the Environmental Protection Act (415 ILCS 5/21(p)(1) (1998)), and ordered respondent to pay a civil

penalty of $500.

Vote 6-0

AC 00-27

IEPA v. John Simpson - The Board accepted for hearing this petition for review of an administrative

citation against this Cumberland County respondent.

Vote 6-0

AC 00-28

County of Sangamon v. William Maulding and Carolyn Maulding - The Board accepted for hearing this

petition for review of an administrative citation against these Sangamon County respondents, noting that the

maximum penalty available is $500 per violation.

Vote 6-0

AC 00-29

County of Sangamon v. ESG Watts, Inc. - The Board accepted for hearing this petition for review of an

administrative citation against this Sangamon County respondent.

Vote 6-0

AC 00-30

County of Sangamon v. ESG Watts, Inc. - The Board accepted for hearing this petition for review of an

administrative citation against this Sangamon County respondent.

Vote 6-0

AC 00-31

County of Sangamon v. ESG Watts, Inc. - The Board accepted for hearing this petition for review of an

administrative citation against this Sangamon County respondent.

Vote 6-0

AC 00-37

County of Sangamon v. ESG Watts, Inc. - The Board accepted for hearing this petition for review of an

administrative citation against this Sangamon County respondent.

Vote 6-0

AC 00-38

County of Sangamon v. ESG Watts, Inc. - The Board accepted for hearing this petition for review of an

administrative citation against this Sangamon County respondent.

Vote 6-0

AC 00-39

County of Sangamon v. ESG Watts, Inc. - The Board accepted for hearing this petition for review of an

administrative citation against this Sangamon County respondent.

Vote 6-0

AC 00-40

County of Sangamon v. ESG Watts, Inc. - The Board accepted for hearing this petition for review of an

administrative citation against this Sangamon County respondent.

Vote 6-0

November 1999

DJUDICATORY

ASES

ECISIONS

AC 00-41

County of Sangamon v. ESG Watts, Inc. - The Board accepted for hearing this petition for review of an adminis-

trative citation against this Sangamon County respondent.

Vote 6-0

AC 00-42

County of Sangamon v. ESG Watts, Inc. - The Board accepted for hearing this petition for review of an adminis-

trative citation against this Sangamon County respondent.

Vote 6-0

AC 00-43

County of Sangamon v. ESG Watts, Inc. - The Board accepted for hearing this petition for review of an adminis-

trative citation against this Sangamon County respondent.

Vote 6-0

AC 00-44

County of Sangamon v. ESG Watts, Inc. - The Board accepted for hearing this petition for review of an adminis-

trative citation against this Sangamon County respondent.

Vote 6-0

AC 00-45

County of Sangamon v. ESG Watts, Inc. - The Board accepted for hearing this petition for review of an adminis-

trative citation against this Sangamon County respondent.

Vote 6-0

AC 00-46

County of Sangamon v. ESG Watts, Inc. - The Board accepted for hearing this petition for review of an adminis-

trative citation against this Sangamon County respondent.

Vote 6-0

AC 00-47

County of Sangamon v. ESG Watts, Inc. The Board accepted for hearing this petition for review of an adminis-

trative citation against this Sangamon County respondent.

Vote 6-0

PCB 99-45

People of the State of Illinois v. Patrick M. Sullivan and Nick Scarlatis - The Board granted relief from the

hearing requirement of Section 31(c)(2) of the Environmental Protection Act (415 ILCS 5/31(c)(2) (1998)), accepted a

stipulation and settlement agreement in this air enforcement action concerning a facility located at 130th Street and 86th

Avenue in Palos Township, Cook County, Illinois, ordered respondent to pay a civil penalty of $5,000, and to cease and

desist from further violations.

Vote 6-0

PCB 00-24

The Ensign-Bickford Company v. IEPA - The Board granted this Union County facility a two year variance,

subject to conditions, from the air regulation which prohibits open burning found at 35 Ill. Adm. Code 237.102, and

authorization to open burn explosive waste as permitted by 35 Ill. Adm. Code 237.103.

Vote 6-0

ROVISIONAL

ARIANCE

PCB 00-88

Caterpillar, Inc. (Mossville Engine Center) v. IEPA - Upon receipt of an Illinois Environmental Protection

Agency recommendation, the Board granted this Peoria County facility a 45-day provisional variance, subject to condi-

tions, from the five-day biochemical oxygen demand, suspended solids, and oil and grease limits set forth in 35 Ill. Adm.

Code 304.120, 304.124, and 304.141(a) and National Pollutant Discharge Elimination System Permit (NPDES) No.

IL0001414.

Vote 6-0

NVIRONMENTAL

EGISTER

OTIONS

AND

THER

ATTERS

PCB 93-191

People of the State of Illinois v. Lloyd Wiemann d/b/a Wiemann Ice & Fuel; Lloyd Wiemann d/b/a Wiemann

Ice and Fuel, Cross-complainant v. Texaco Refining and Marketing, Inc. and Eugene and Cheryl Halbrooks, Cross-

respondents - The Board denied cross-respondent Cheryl Halbrooks’ motions to dismiss complainant’s amended com-

plaint and to extend the deadline for her to file any complaint. The Board granted the motion suggesting the death of

Lloyd Wiemann and the motion to substitute the Estate as a respondent in this proceeding. The Board on its own motion

dismissed Texaco Refining and Marketing, Inc. and Eugene Halbrooks.

Vote 6-0

PCB 96-180

Environmental Site Developers, Inc. v. White & Brewer Trucking, Inc. - The Board granted

countercomplainant’s motion to withdraw motion for partial summary judgment, but denied the motion to extend stay.

Vote 6-0

PCB 00-25

KRKH, Inc. v. IEPA - On September 9, 1999, the Board deferred action on the petition to allow the affected well

owners the statutorily allotted time to waive or respond to petitioner’s request for the water well setback exception,

pursuant to Section 14.2(b) of the Environmental Protection Act (Act). 415 ILCS 5/14.2(b)(1998). On November 17, 1999,

petitioner filed an amended petition, naming the affected well owners as party respondents. Since the time for the well

owners to waive or respond to the request elapsed on November 16, 1999, the Board directed that this matter proceed to

hearing.

Vote 5-0 Melas abstained

PCB 00-43

Casey’s General Store v. IEPA - Having previously granted a request for a 90-day extension, the Board

dismissed this matter because no underground storage tank appeal was timely filed on behalf of this Jo Daviess County

facility.

Vote 6-0

PCB 00-45

D&R Service Company v. IEPA - The Board accepted for hearing this underground storage tank appeal

involving a Randolph County facility.

Vote 6-0

PCB 00-49

Chiquita Processed Foods f/k/a Owatonna Canning Company, L.LC. v. IEPA - The Board accepted for hearing

this permit appeal involving a Peoria County facility.

Vote 6-0

PCB 00-51

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

underground storage tank appeal involving a Lake County facility.

Vote 5-0 Melas abstained

PCB 00-52

Illinois State Toll Highway Authority (Belvidere Oasis on I-90 -West) v. IEPA - The Board accepted for hearing

this underground storage tank appeal involving a Boone County facility.

Vote 5-0 Melas abstained

PCB 00-56

The Burlington Northern and Santa Fe Railway Company (Cicero Yard UST) v. IEPA - The Board dismissed

this matter due to this Cook County petitioner’s failure to retain an attorney and file an amended petition pursuant to an

October 7, 1999 Board order.

Vote 6-0

PCB 00-81

Northwestern University v. IEPA - The Board granted this request for a 90-day extension of time to file an

underground storage tank appeal on behalf of this Cook County facility.

Vote 6-0

PCB 00-82

Jersey Sanitation Corporation v. IEPA - The Board granted this request for a 90-day extension of time to file an

underground storage tank appeal on behalf of this Jersey County facility.

Vote 6-0

November 1999

PCB 00-83

Kathe’s Auto Service, 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 this Cook County facility.

Vote 6-0

PCB 00-84

Graham Oil 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 this McHenry County facility.

Vote 6-0

PCB 00-85

Libertyville Lumber 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 this Lake County facility.

Vote 6-0

PCB 00-86

People of the State of Illinois v. Rodgers Engineering Corporation - The Board accepted for hearing this air

enforcement action against this Kane County facility.

Vote 6-0

PCB 00-87

E.G. Vogt Oil Company, 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 this St. Clair County facility.

Vote 6-0

ASES

OVEMBER

4, 1999

00-78 Ensign Bickford Company v. IEPA

- Upon receipt of

an Illinois Environmental Protection Agency

recommendation, the Board granted this Union County

facility a 45-day provisional variance, subject to conditions,

from 35 Ill. Adm. Code 237.102, which prohibits open

burning.

00-79 Solar Communications v. IEPA

- Upon receipt of an

Illinois Environmental Protection Agency recommendation,

the Board granted this DuPage County facility a seven day

provisional variance, subject to conditions, from the air

pollution control regulation 35 Ill. Adm. Code 218.401(c)(6).

00-80 Polyfoam Packers Corporation v. IEPA

- Upon

receipt of an Illinois Environmental Protection Agency

recommendation, the Board granted this Lake County

facility a 10-day provisional variance, subject to conditions,

from the requirement for emissions capture and control

techniques that achieve overall reduction in uncontrolled

volatile organic material emissions in 35 Ill. Adm. Code Part

218.926(a) and conditions 7.1.3(b) and 7.1.6 of petitioner’s

Clean Air Act Permit Program permit.

AC 00-32 Ogle County v. Irene and Dave Wescott

- The

Board accepted an administrative citation against these

Ogle County respondents.

00-72 Peacock Oil Company v. IEPA

- The Board accepted

for hearing this underground storage tank appeal involving

a Cook County facility.

00-73 City of Rock Island v. IEPA

- The Board accepted for

hearing this National Pollutant Discharge Elimination

System permit appeal involving this Rock Island County

facility.

00-74 Wayne Foster v. IEPA

- The Board granted this

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

storage tank appeal on behalf of this St. Clair County

facility.

00-75 Delta Sonic Car Wash Systems, 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.

00-76 State Street Shell 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.

00-77 Susan Carson 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.

NVIRONMENTAL

EGISTER

OVEMBER

18, 1999

00-81 Northwestern University v. IEPA

- The Board

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

an underground storage tank appeal on behalf of this

Cook County facility.

00-82 Jersey Sanitation Corporation v. IEPA

- The

Board granted this request for a 90-day extension of

time to file an underground storage tank appeal on

behalf of this Jersey County facility.

00-83 Kathe’s Auto Service, 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 this

Cook County facility.

00-84 Graham Oil Company v. IEPA

- The Board

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

an underground storage tank appeal on behalf of this

McHenry County facility.

00-85 Libertyville Lumber 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 this Lake County facility.

00-86 People of the State of Illinois v. Rodgers Engi-

neering Corporation

- The Board accepted for hearing

this air enforcement action against a Kane County

facility.

00-87 E.G. Vogt Oil Company, 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 this

St. Clair County facility.

00-88 Caterpillar, Inc. (Mossville Engine Center) v.

IEPA

- Upon receipt of an Illinois Environmental

Protection Agency recommendation, the Board granted

this Peoria County facility a 45-day provisional vari-

ance, subject to conditions, from the five-day biochemi-

cal oxygen demand, suspended solids, and oil and

grease limits set forth in 35 Ill. Adm. Code 304.120,

304.124, and 304.141(a) and National Pollutant Dis-

charge Elimination System Permit (NPDES) No.

IL0001414.

AC 00-33 County of Sangamon v. American Tree Service,

Roy F. Throop

- The Board accepted an administrative

citation against these Sangamon County respondents.

AC 00-34 County of Sangamon v. Illinois Central Railroad

The Board accepted an administrative citation against this

Sangamon County respondent.

AC 00-35 County of Sangamon v. Throop and Son Tree

Service, Earl Throop

- The Board accepted an administrative

citation against these Sangamon County respondents.

AC 00-36 IEPA v. David Swearingen

- The Board accepted an

administrative citation against this Moultrie County respon-

dent.

AC 00-37 County of Sangamon v. ESG Watts, Inc.

- The