Claire A. Manning, Chairman
Board Members:
Ronald C. Flemal, G. Tanner Girard, Elena Z. Kezelis,
Samuel T. Lawton Jr., Marili McFawn, Nicholas J. Melas
2
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
(312)
814-3620
(312) 814-6032 TDD
Illinois Pollution Control Board
600 South Second Street
Suite 402
Springfield, Illinois 62704
(217)
524-8500
(312) 814-6032 TDD
Web Site: http://www.ipcb.state.il.us
Inside This Issue:
F
EDERAL
U
PDATE
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. 1
R
ULE
U
PDATE
P
. 3
B
OARD
A
CTIONS
P
. 5
N
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. 12
B
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ALENDAR
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. 13
Federal Update
USEPA Adopts Final Rule to Public Notification Provisions of the National Primary Drinking Water
Regulations
On May 4, 2000, the United States Environmental Protection Agency (USEPA) adopted a final rule to revise
the general public notification regulations for public water systems (PWSs) to implement the public
notification requirements of the 1996 Safe Drinking Water Act amendments. 65 Fed. Reg. 25981 (May 4,
2000). The regulations set the requirements that PWSs must follow regarding the form, manner, frequency,
and content of a public notice.
Owners and operators of PWSs are required to notify persons served when they fail to comply with the
requirements of the National Primary Drinking Water Regulations; have a variance or exemption from the
drinking water regulations; or are facing other situations posing a risk to public health. USEPA also revised
the Consumer Confidence Report regulations to be consistent with the final public notification regulation.
The final rule becomes effective June 5, 2000. However, the new regulations under 40 C.F.R. Part 141,
Subpart Q, do not apply to PWSs in states (Illinois) with primacy for the PWS supervision program until
May 6, 2002, or until the state-adopted rule becomes effective, whichever comes first. For further
information contact Carl B. Reeverts at 202/260-7273; e-mail address: reeverts.carl@epa.gov.
The Board will adopt any necessary amendments in a future identical-in-substance rulemaking.
USEPA Proposes Groundwater Rule under National Primary Drinking Water Regulations
On May 10, 2000, the United States Environmental Protection Agency (USEPA) proposed requirements
under the Safe Drinking Water Act (42 U.S.C. §§ 300f
et seq
. (1996)) for a targeted risk-based regulatory
strategy for all groundwater systems. 65 Fed. Reg. 30193 (May 10, 2000). The proposed regulations provide
a meaningful opportunity to reduce public health risk associated with the consumption of waterborne
pathogens from fecal contamination for a substantial number of people served by groundwater sources.
The proposed strategy addresses risks through a multiple-barrier approach that relies on five major
components: (1) periodic sanitary surveys of groundwater systems requiring the evaluation of eight
elements and the identification of significant deficiencies; (2) hydrogeologic assessments to identify wells
sensitive to fecal contamination; (3) source water monitoring for systems drawing from sensitive wells
without treatment or with other indications of risk; (4) a requirement for correction of significant deficiencies
and fecal contamination (by eliminating the source of contamination, correcting the significant deficiency,
providing an alternative source water, or providing a treatment which achieves at least 99.99 percent (4-log)
inactivation or removal of viruses); and (5) compliance monitoring to insure disinfection treatment is reliably
operated where it is used.
USEPA believes that the combination of these components strikes an appropriate regulatory balance which
balances the intensity or burden of protective measures and follow-up actions with the risk being
addressed. In addition to proposing requirements for ground water systems, USEPA requests comment on
ways to address the problem of transient providers of water who furnish drinking water to large numbers of
people for a limited period of time. USEPA believes one possible solution is to adopt alternative definitions
for “public water systems,” which is currently defined as “one that serves 25 or more people or has 15 or
more service connections and operates at least 60 days per year.”
USEPA must receive comments on or before July 10, 2000. For further information contact the Safe Drinking
Water Hotline at 800/426-4791. For technical inquiries contact the Office of Ground Water and Drinking
Water at 202/260-3309.
If adopted, the Board will include any necessary amendments in a future identical-in-substance rulemaking.
USEPA Adopts Final Rule Intended to Eliminate Obsolete, Ineffective, or Unduly Burdensome NPDES
Regulations
On May 15, 2000, the United States Environmental Protection Agency (USEPA) adopted a final rule to
streamline the regulations under the National Pollutant Discharge Elimination System (NPDES) program. 65
Fed. Reg. 30886 (May 15, 2000). The revision is part of USEPA’s effort to respond to a directive issued by
the President on February 21, 1995, which directed Federal agencies to review their regulatory programs to
eliminate any obsolete, ineffective, or unduly burdensome regulations. In response to that directive, USEPA
initiated a detailed review of its regulations to determine which provisions were obsolete, duplicative, or
unduly burdensome.
On June 29, 1995, USEPA issued a rule (60 FR 33926) which removed some regulatory provisions in the
Office of Water program regulations (including certain NPDES provisions) that were clearly obsolete. 60
Fed. Reg. 33926 (June 29, 1995). The final rule is intended to further streamline NPDES, Resource
Conservation and Recovery Act (RCRA), Prevention of Significant Deterioration (PSD), and Underground
Injection Control (UIC) permitting procedures, and Clean Water Act (CWA) Section 301(h) variance request
procedures, by revising requirements to eliminate redundant regulatory language, provide clarification, and
remove or streamline unnecessary procedures which do not provide any environmental benefits.
4
The final rule becomes effective June 14, 2000. For further information contact Howard Rubin at 202/260-
2051 or Thomas Charlton at 202/260-6960.
The Board will adopt any necessary amendments to the Illinois regulations for RCRA and UIC rules in its
upcoming identical in substance rulemaking updates. The Board would expect any necessary NPDES,
CWA, or PSD amendments to be proposed to the Board by the Illinois Environmental Protection Agency.
USEPA Proposes Amendments to Air Rules for Consolidated Emissions Reporting
On May 23, 2000, the United States Environmental Protection Agency (USEPA) proposed a rule to improve
and simplify air emissions reporting. 65 Fed. Reg. 33268 (May 23, 2000). Many state and local agencies
asked the USEPA to consolidate reporting requirements, improve reporting efficiency, provide flexibility for
data gathering and reporting, and to better explain to program managers and the public the need for a
consistent inventory program.
USEPA believes that consolidated reporting should increase the efficiency of the emission inventory
program and provide more consistent and uniform data. USEPA is proposing to add reporting requirements
for particulate matter less than or equal to 2.5 micrometers (PM \2.5\) and its precursors, and is proposing to
reduce the reporting requirements for other criteria pollutants. USEPA is seeking comment on the addition
of reporting requirements for hazardous air pollutants.
Comments must be submitted on or before July 7, 2000. For further information contact William B.
Kuykendal at 919/541-5372; email address: kuykendal.bill@epa.gov.
If adopted by the USEPA, the Board would expect the Illinois Environmental Protection Agency to propose
a similar State rule for adoption using the Clean Air Act “fast-track” rulemaking procedures in Section 28.5
of the Environmental Protection Act (415 ILCS 5/28.5 (1998)).
Rule Update
Board Adopts Proposal for Public Comment in In The Matter of: Wastewater Pretreatment Update,
USEPA Regulations (July 1, 1999 through December 31, 1999), R00-15
On May 4, 2000, the Board proposed for public comment amendments to the Illinois regulations that are
identical in substance to the wastewater pretreatment regulations that the United States Environmental
Protection Agency (USEPA) adopted pursuant to Sections 307(b), (c), and (d) and 402(b)(9) of the Federal
Water Pollution Control Act (33 U.S.C. §§ 1317(b), (c), (d), and 1342(b)(9) (1996)). Included are amendments
that USEPA took during the period of July 1, 1999 through December 31, 1999. USEPA took three actions
during this period that necessitated Board action (see 64 Fed. Reg. 42552 (August 4, 1999); 64 Fed. Reg.
48103 (September 2, 1999); and 64 Fed. Reg. 73414 (December 30, 1999)).
The federal actions include amendments to the regulations regarding the land application, surface disposal,
and incineration of sewage sludge. USEPA amended its guidelines establishing test procedures for the
analysis of pollutants under Section 304(h) of the Clean Water Act (CWA) (33 U.S.C. §§ 1251
et seq
. (1996))
for the analysis of cyanide for purposes of compliance with the water quality requirements of the CWA, and
corrected amendments made in a final rule. 63 Fed. Reg. 50388 (September 21, 1998).
Sections 7.2 and 13.3 of the Environmental Protection Act (Act) (415 ILCS 5/7.2 and 13.3 (1998)) provide for
quick adoption of regulations that are identical in substance to federal wastewater pretreatment regulations
that USEPA adopts. 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 the Board’s adoption of
identical in substance regulations. Therefore, the amendments are not subject to first or second-notice
review by the Joint Committee on Administrative Rules.
The proposal for public comment was published at 24 Ill. Reg. 7590 (May 26, 2000). The Board will accept
written public comment for at least 45 days after the date of publication in the
Illinois Register
.
For additional information contact: Steven C. Langhoff at 217/782-2615; e-mail langhofs@ipcb.state.il.us.
Board Adopts Identical-in-Substance Amendments in In The Matter of: RCRA Subtitle C Update, USEPA
Amendments (July 1, 1999 through December 31, 1999), R00-13
On May 18, 2000, the Board adopted amendments to the Illinois regulations that are identical in substance to
the hazardous waste regulations that the United States Environmental Protection Agency (USEPA) adopted
to implement Subtitle C of the federal Resource Conservation and Recovery Act of 1976 (RCRA Subtitle C)
(42 U.S.C. §§ 6921
et seq
. (1998)). The nominal time frame of the rulemaking included federal RCRA Subtitle
C amendments that USEPA adopted in the period July 1, 1999 through December 31, 1999. USEPA took four
actions during this period that necessitated Board action (see 64 Fed. Reg. 36466 (July 6, 1999); 64 Fed. Reg.
52828 (September 30, 1999); 64 Fed. Reg. 56469 (October 20, 1999); and 64 Fed. Reg. 63209 (November 19,
1999)). The Board also identified and included in this rulemaking two USEPA actions since December 31,
1999, that further amended the RCRA Subtitle C hazardous waste rules (see 65 Fed. Reg. 12378 (March 8,
2000); and 65 Fed. Reg. 14472 (March 17, 2000)).
The federal actions included amendments to the hazardous waste regulations that designated waste lamps
as universal waste. This action removed the management of waste lamps from the generally-applicable
hazardous waste regulations. The Board had previously designated waste lamps as universal waste in In re
Amendments of 35 Ill. Adm. Code 703, 720, 721, 724 , 728, and 733 (Standards for Universal Waste
Management) (April 2, 1998), R98-12. In adopting the present amendments, the Board chose to retain the
provisions that allow crushing waste lamps for volume reduction that it previously adopted in R98-12,
instead of adopting the federal prohibition against treatment. After consideration of the public comments
received, the Board determined that the State rule protected human health and the environment to the same
degree as the federal prohibition against treatment.
The amendments also included the adoption and amendment of final National Emission Standards for
Hazardous Air Pollutants that involve hazardous waste combustors, and technical corrections to the Phase
IV land disposal restrictions.
Finally, one of the federal actions since December 1999 involved increased accumulation limits and times for
wastewater treatment sludge from plating operations that is accumulated for metals recovery. The second
involved a withdrawal of the hazardous waste listings for organobromine production wastes. The Board
adopted these later amendments in order to give Illinois industry the benefits of the federal actions without
delay.
For additional information contact: Michael McCambridge at 312/814-6924; e-mail:
mccambm@ipcb.state.il.us.
The Board Accepts Proposal for Hearing in
In the Matter of: Proposed Amendments to Tiered Approach to
Corrective Action Objectives, 35 Ill. Adm. Code 742, R00-19
On May 18, 2000, the Board accepted a proposal from the Illinois Environmental Protection Agency
(Agency) for hearing and directed the hearing officer to schedule hearings as required by Title VII of the
Environmental Protection Act (Act). On May 15, 2000, the Agency filed a proposal for rulemaking under
Section 27 of the Act (415 ILCS 5/27 (1998)) to amend the Board’s tiered approach to corrective action
(TACO) regulations, 35 Ill. Adm. Code 742. The Agency proposed the amendments “to update and improve
6
procedures under TACO so that its users can achieve accurate data results that are protective of human
health and the environment.”
Hearings on this proposal will be scheduled in the near future. For additional information contact: Amy L.
Jackson at 217/524-8507; e-mail: jacksona@ipcb.state.il.us.
Board Actions
May 4, 2000
Chicago, Illinois
Rulemaking
R00-15
In the Matter of: Wastewater Pretreatment Update, USEPA Amendments
(July 1, 1999 through December 31, 1999) - The Board adopted a proposal for
public comment in this “identical-in-substance” rulemaking to amend the
Board’s wastewater pretreatment regulations.
Vote 7-0
Adjusted Standard
AS 00-14
In the Matter of: Petition of Heritage Environmental Services, Inc. for an
Adjusted Standard from 35 Ill. Adm. Code 702.126(d)(1) - The Board entered
an order directing petitioner to file its certificate of publication of the notice
of its filing of this petition for an adjusted standard from the Resource
Conservation and Recovery Act by May 11, 2000, or this matter will be
dismissed.
Vote 7-0
Administrative Citation
AC 00-75
IEPA v. Wayne Williams and Zora Williams - The Board accepted for hearing
this petition for review of an administrative citation against these Peoria
County respondents.
Vote 7-0
Adjudicatory Cases
•
Decisions
PCB 00-166
People of the State of Illinois v. AutoResearch Laboratories, Inc. - In this air
enforcement action concerning two facilities located in Cook County, 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) (1998)), accepted a
final stipulation and settlement agreement, and ordered the respondent to
pay
a total payment of $9,872.76. This payment includes a civil penalty of
$1,043.96 designated to the Environmental Protection Trust Fund; the balance
of the payment is designated to the Clean Air Act Permit Fund.
Respondent
was also ordered to cease and desist from further violations.
Vote 7-0
8
Motions and Other Matters
PCB 89-30
Olin Corporation v. IEPA - The Board granted the parties’ joint motion for
voluntary dismissal of this Resource Conservation and Recovery Act permit
appeal involving a Madison County facility.
Vote 7-0
PCB 95-170
People of the State of Illinois v. Environmental Control and Abatement, Inc. -
In response to complainant’s motion for reconsideration, the Board vacated
the portion of the Board’s February 17, 2000 order denying complainant’s
motion for summary judgment. On reconsideration, the Board granted
complainant’s motion for summary judgment with respect to alleged
violations of Section 61.145(b)(4)(v) and (vi) of the National Emission
Standards for Hazardous Air Pollutants (NESHAP) for asbestos (40 C.F.R.
61.145 (b)(4)(v) (vi)) and Section 9.1(d) of the Environmental Protection Act
(415 ILCS 5/9.1(d) (1998)) in connection with the Urbana project of this
Madison County respondent. The Board reserved ruling on the issue of an
appropriate remedy pending a hearing on the alleged violations not resolved
in this order or the Board’s order of February 17, 2000.
Vote 7-0
PCB 97-87
Commonwealth Edison Company v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of this permit appeal involving a Will County
facility.
Vote 7-0
PCB 97-234
Antonio D. H. Nam v. Kikon Suh - The Board entered an order directing
respondent to file proof of service of the third-party complaint upon the
potential third-party respondents pursuant to Section 31 of the Act (415
ILCS 5/31 (1998)) within 30 days, or the pending motion to file the third-party
complaint would be denied.
Vote 7-0
PCB 98-59
The Town of Cicero v. National Jockey Club - The Board granted
complainant’s motion to clarify the Board’s March 16, 2000 order. The
Board found that the third-party complainant’s action against this Cook
County respondent was moot and dismissed it without prejudice.
Vote 7-0
PCB 00-1
People of the State of Illinois v. Paul Bergmann d/b/a Paul Bergmann Dairy
Farm - 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 involving a facility located in Clinton County, the Board
ordered publication of the required newspaper notice.
Vote 7-0
PCB 00-134
Schrock Cabinet Company v. IEPA - The Board granted petitioner’s motion
for voluntary dismissal of this permit appeal involving a Douglas County
facility.
Vote 7-0
PCB 00-137
Berwyn Auto Service 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 Cook County facility.
Vote 7-0
PCB 00-143
Curtis Masterson v. City of Fairfield - The Board entered an order directing
complainant to file proof of service of the complaint upon the City of
Fairfield pursuant to Section 31 of the Act (415 ILCS 5/31 (1998)) within 30
days, or the complaint will be dismissed.
Vote 7-0
PCB 00-154
Kathryn Cooper v. City of Fairfield - The Board entered an order directing
complainant to file proof of service of the complaint upon the City of
Fairfield pursuant to Section 31 of the Act (415 ILCS 5/31 (1998)) within 30
days, or the complaint will be dismissed.
Vote 7-0
PCB 00-155
Robert Lichtenberger and Wilma Lichtenberger v. City of Fairfield - The
Board entered an order directing complainant to file proof of service of the
complaint upon the City of Fairfield pursuant to Section 31 of the Act (415
ILCS 5/31 (1998)) within 30 days, or the complaint will be dismissed.
Vote 7-0
PCB 00-157
Michael R. Pawlowski and Diane K. Pawlowski v. Dave Johansen a/k/a
David Johansen, Troy Quinley, and Benchwarmers Pub, Inc. - The Board
found that this complaint involving a Livingston County facility was not
duplicitous or frivolous, and accepted it for hearing, but also stayed this
matter until a final opinion and order is entered in Pawlowski,
et al.
v.
Johansen,
et al.
, PCB 99-82, involving the same Livingston County facility.
Vote 7-0
PCB 00-163
David & Jacquelyn McDonough v. Gary Robke - The Board
found that this
complaint involving a Clinton County facility was not duplicitous or
frivolous and accepted it for hearing.
Vote 7-0
PCB 00-174
Standard Bank & Trust Company as Trustee and Derk Ball, Sr. v. IEPA - The
Board granted respondent’s motion to dismiss this underground storage
tank appeal involving a Cook County facility.
Vote 7-0
PCB 00-176
People of the State of Illinois v. City of Auburn, Benton & Associates
Engineering, Inc., and Petersburg Plumbing and Heating - The Board
accepted for hearing this public water supply enforcement action against
this Sangamon County facility.
Vote 7-0
PCB 00-178
People of the State of Illinois v. Tom Fato d/b/a Fato Fiberglass - The Board
accepted for hearing this air enforcement action against this Kankakee
County facility.
Vote 7-0
May 18, 2000
Springfield, Illinois
Rulemakings
R00-13
In the Matter of: RCRA Subtitle C Update, USEPA Amendments (July 1,
1999 through December 31, 1999) - The Board adopted a final opinion and
order in this “identical-in-substance” rulemaking to amend the Board’s
hazardous waste regulations.
Vote 6-0
R00-19
In the Matter of: Proposed Amendments to Tiered Approach to Corrective
Action Objectives (35 Ill. Adm. Code 742) - The Board accepted for hearing
this Illinois Environmental Protection Agency proposal to amend the
standards for tiered approach to corrective action objectives.
Vote 6-0
10
Administrative Citations
AC 00-3
et al.
(Cons.)
County of Sangamon v. ESG Watts, Inc. - In response to a joint stipulation
and settlement agreement in these consolidated administrative citations
involving a Sangamon County facility, the Board dismissed respondent’s
petitions for review in each action. The Board also granted complainant’s
motion to dismiss the following administrative citations:
AC 00-51 (SCDPH
99-AC-36); AC 00-53 (SCDPH 99-AC-37); AC 00-54 (SCDPH 99-AC-38);
AC 00-55 (SCDPH 99-AC-39); AC 00-64 (SCDPH 99-AC-40); AC 00-65
(SCDPH 99-AC-41); and AC 00-66 (SCDPH 99-AC-42), and from each of the
remaining administrative citations dismissed the following alleged violations:
Section 21(o)(9) of the Environmental Protection Act (Act) and Section
21(o)(6) of the Act from AC 00-50 (SCDPH 99-AC-35). 415 ILCS 5/21(o)(6),
(o)(9) (1998).
The Board found respondent had violated
Sections 21(o)(5) and
(o)(6)
of the Act
(415 ILCS 5/21(o)(5), (o)(6) (1998))
, and ordered respondent
to pay a civil penalty of $29,500.
Vote 6-0
AC 00-69
IEPA v. Raymond Pollock - In response to a joint stipulation and settlement
agreement in this administrative citation action involving a Cumberland
County facility, the Board dismissed respondent’s petition for review, found
respondent had 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 $1,500.
Vote 6-0
AC 00-73
IEPA v. Landfill 33, Ltd., and Richard Deibel - The Board found that these
Effingham County respondents violated Sections 21(o)(5) and 21(o)(12) of
the Environmental Protection Act (415 ILCS 5/21(o)(5), 21(o)(12) (1998)), and
ordered respondents to pay a civil penalty of $3,000.
Vote 6-0
AC 00-74
IEPA v. William J. Heap and H&G Construction, Inc. - The Board found that
these McDonough County respondents violated Sections 21(p)(1), 21(p)(3),
and 21(p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1),
21(p)(3), 21(p)(7) (1998)), and ordered respondents to pay a civil penalty of
$4,500.
Vote 6-0
AC 00-81
IEPA v. Jesse Lockhart - The Board accepted for hearing this petition for
review of an administrative citation against this Kankakee County
respondent.
Vote 6-0
Adjudicatory Cases
•
Decisions
PCB 96-209
People of the State of Illinois v. Macon County Landfill Corporation - In this
land enforcement action concerning a facility located in Macon County,
Illinois, the Board, after hearing, accepted a final stipulation and settlement
agreement, ordered the respondent to pay a civil penalty of
$37,500
, and to
cease and desist from further violations.
Vote 6-0
PCB 97-207
People of the State of Illinois v. Inspiration Development Company - In this
air and land enforcement action concerning a facility located in Jo Daviess
County, 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)
(1998)); accepted a final stipulation and settlement agreement; ordered the
respondent
to reimburse the State $22,531
for its oversight, assistance and
guidance of the reclamation, regrading, and revegetation of the site;
and to
cease and desist from further violations.
Vote 6-0
PCB 98-162
People of the State of Illinois v. Judy Davis - In this land enforcement action
concerning a facility located in Henry County, 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) (1998)), accepted a final stipulation and
settlement agreement, ordered the respondent to pay a civil penalty of
$2,000
, and to cease and desist from further violations.
Vote 6-0
•
Provisional Variances
PCB 00-193
Acme Steel Company 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 212.443(c)(1)(A), which prohibits average opacity during pushing
operations of greater than 20 percent for four consecutive pushes
.
Vote 6-0
Motions and Other Matters
PCB 97-103
People of the State of Illinois v. State Oil Company, William Anest, an
individual f/d/b/a S&S Petroleum Products, Peter Anest, an individual f/d/b/a
S&S Petroleum Products, Charles Abraham, an individual, Josephine
Abraham, an individual, and Milstream Service, Inc. - The Board denied
complainant’s motion to strike the affirmative defense of laches and granted
in part and denied in part respondents Anests’ motion to strike and dismiss
the second amended cross complaint.
Vote 6-0
PCB 97-189
Frederick Cooper Lamps, Inc. v. IEPA - The Board granted the parties’ joint
motion for voluntary dismissal of this permit appeal involving a Cook County
facility.
Vote 6-0
PCB 98-144
People of the State of Illinois v. Edward Van Der Molen and Peter T. Barton
d/b/a Shadow Lakes Resort - 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 involving a facility located in
Will County, the Board ordered publication of the required newspaper notice.
Vote 6-0
PCB 98-169
Union Oil Company of California d/b/a Unocal v. Barge-Way Oil Company,
Inc., Barge-Way Systems, Inc., Joseph Kellogg, Nielsen’s Barge-Way, Robert
Nielsen, Robert F. Atkins, and Mobil Oil Company - The Board granted
complainant’s motion to voluntarily dismiss the following respondents:
Robert F. Atkins, Barge-Way Systems, Inc., and Mobil Oil Company. The
Board also granted complainant’s attorney’s motion to appear
pro hac vice
.
Vote 6-0
12
PCB 99-152
People of the State of Illinois v. Eagle-Picher Industries, Inc. - Upon receipt of
a proposed stipulation and settlement agreement and an agreed motion to
request relief from the hearing requirement in this air enforcement action
involving a facility located in Edgar County, the Board ordered publication of
the required newspaper notice.
Vote 6-0
PCB 99-177
Village of Oak Lawn 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 00-31
People of the State of Illinois v. Reilly Industries, 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 and
Recovery Act enforcement action involving a facility located in Madison
County, the Board ordered publication of the required newspaper notice.
Vote 6-0
PCB 00-67
People of the State of Illinois v. American Disposal Company and
Consolidated Rail Corporation - The Board denied respondent Consolidated
Rail Corporation’s motion to dismiss this Resource Conservation and
Recovery Act enforcement action involving a facility located in Cook
County.
Vote 6-0
PCB 00-138
Granite City Sheet Metal v. IEPA - The Board accepted for hearing this
underground storage tank appeal involving a Madison County facility.
Vote 6-0
PCB 00-139
L. Wolf Company v. IEPA - The Board accepted for hearing this underground
storage tank appeal involving a Madison County facility.
Vote 6-0
PCB 00-144
Federal-Mogul Corporation 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 Cook
County facility.
Vote 6-0
PCB 00-145
Marathon Ashland Petroleum, L.L.C. 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 DuPage
County facility.
Vote 6-0
PCB 00-149
Northwestern Steel and Wire Company 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 Whiteside County facility.
Vote 6-0
PCB 00-150
AC Humko (Morgan Specialties) 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 Edgar County facility.
Vote 6-0
PCB 00-180
People of the State of Illinois v. Jacobs Energy Corporation - The Board
accepted for hearing this air and land enforcement action against this Rock
Island County facility.
Vote 6-0
PCB 00-182
People of the State of Illinois v. Ralph Campbell - The Board dismissed this
enforcement action finding that it lacks jurisdiction to hear cases brought
pursuant to the Gasoline Storage Act.
Vote 6-0
PCB 00-183
People of the State of Illinois v. Delno E. Smith individually and d/b/a
Smitty’s Friendly Service - The Board dismissed this enforcement action
finding that it lacks jurisdiction to hear cases brought pursuant to the
Gasoline Storage Act.
Vote 6-0
PCB 00-184
People of the State of Illinois v. M&R Wrecking, Ltd. and Roderick
Enterprises, Inc. - The Board accepted for hearing this air enforcement action
against this Cook County facility.
Vote 6-0
PCB 00-185
National Car Rental System, 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 00-186
Corn Belt Electric Cooperative 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 McLean County facility.
Vote 6-0
PCB 00-187
Broderick Teaming 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 Cook County facility.
Vote 6-0
PCB 00-188
Ozinga Transportation 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 this Cook County facility.
Vote 6-0
PCB 00-189
People of the State of Illinois v. Fox River Water Reclamation District - The
Board accepted for hearing this water enforcement action against this Kane
County facility.
Vote 6-0
PCB 00-190
People of the State of Illinois v. Truserv Corporation - The Board accepted
for hearing this Resource Conservation and Recovery Act enforcement
action against this McHenry County facility.
Vote 6-0
PCB 00-191
Sunburst Energy, 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
Fayette County facility.
Vote 6-0
PCB 00-192
People of the State of Illinois v. Wismarq Corporation - The Board accepted
for hearing this air enforcement action against this Cook County facility.
Vote 6-0
14
New Cases
May 4, 2000 Board Meeting
00-176
People of the State of Illinois v. City of Auburn, Benton & Associates Engineering, Inc.,
and Petersburg Plumbing and Heating - The Board accepted for hearing this public water supply
enforcement action against this Sangamon County facility.
00-177
Michael D. Logsdon, Darrell E. Mann, Kathy Mann, Russell Spillman, Marilyn Spillman,
Rita Martin, A. Abbott, Kathy Abbott, Diana Collins, Dave Collins v. South Fork Gun Club - The
Board held for a later duplicitous/frivolous determination this citizen noise enforcement action
involving a Christian County facility.
00-178
People of the State of Illinois v. Tom Fato d/b/a Fato Fiberglass - The Board accepted for
hearing this air enforcement action against this Kankakee County facility.
00-179
City of Springfield, Illinois v. IEPA - The Board held this request for a water variance on
behalf of a Sangamon County facility pending receipt of the Illinois Environmental Protection
Agency recommendation.
AC 00-77
IEPA v. Otis Brymer - The Board accepted an administrative citation against this
Williamson County respondent.
AC 00-78
IEPA v. RCS, Inc. and Rickie Laird - The Board accepted an administrative citation against
these Jersey County respondents.
AC 00-79
IEPA v. John Appelt - The Board accepted an administrative citation against this Carroll
County respondent.
AC 00-80
IEPA v. Ken Edwards - The Board accepted an administrative citation against this
Macoupin County respondent.
May 18, 2000 Board Meeting
00-180
People of the State of Illinois v. Jacobs Energy Corporation - The Board accepted for hearing
this air and land enforcement action against this Rock Island County facility.
00-181
MDI Limited Partnership #42 v. Regional Board of Trustees for Boone and Winnebago
Counties, and Board of Education of Belvidere District 100 - The Board held for a later
duplicitous/frivolous determination this citizen underground storage tank enforcement action
involving a Boone County facility.
00-182
People of the State of Illinois v. Ralph Campbell - The Board dismissed this enforcement
action finding that it lacks jurisdiction to hear cases brought pursuant to the Gasoline Storage Act.
00-183
People of the State of Illinois v. Delno E. Smith individually and d/b/a Smitty’s Friendly
Service - The Board dismissed this enforcement action finding that it lacks jurisdiction to hear cases
brought pursuant to the Gasoline Storage Act.
00-184
People of the State of Illinois v. M&R Wrecking, Ltd. and Roderick Enterprises, Inc. - The
Board accepted for hearing this air enforcement action against this Cook County facility.
00-185
National Car Rental System, 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.
00-186
Corn Belt Electric Cooperative 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 McLean County facility.
00-187
Broderick Teaming 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 Cook County facility.
00-188
Ozinga Transportation 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 this Cook County facility.
00-189
People of the State of Illinois v. Fox River Water Reclamation District - The Board accepted
for hearing this water enforcement action against this Kane County facility.
00-190
People of the State of Illinois v. Truserv Corporation - The Board accepted for hearing this
Resource Conservation and Recovery Act enforcement action against this McHenry County facility.
00-191
Sunburst Energy, 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 Fayette County facility.
00-192
People of the State of Illinois v. Wismarq Corporation - The Board accepted for hearing this
air enforcement action against this Cook County facility.
00-193
Acme Steel Company 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 212.443(c)(1)(A), which prohibits average opacity during
pushing operations of greater than 20 percent for four consecutive pushes.
AC 00-81
IEPA v. Jesse Lockhart - The Board accepted for hearing this petition for review of an
administrative citation against this Kankakee County respondent.
R00-19
In the Matter of: Proposed Amendments to Tiered Approach to Corrective Action
Objectives (35 Ill. Adm. Code 742) - The Board accepted for hearing this Illinois Environmental
Protection Agency proposal to amend the standards for tiered approach to corrective action
objectives.
Calendar
6/1/2000
9:30 am
PCB 99-27
People of the State of Illinois v. James &
Carol Gilmer
Villa Grove City Hall
City Council Room
612 Front Street
Villa Grove, IL
6/6/2000
9:30 am
PCB 99-72
People of the State of Illinois v. Lake of
Egypt Water District, Willis Dale
Shadowens and Gary R. Rhodes
State Office Building
Main Conference Room
2309 West Main Street
Marion, IL
6/7/2000
9:30 am
PCB 99-72
People of the State of Illinois v. Lake of
Egypt Water District, Willis Dale
Shadowens and Gary R. Rhodes
State Office Building
Main Conference Room
2309 West Main Street
Marion, IL
6/8/2000
9:30 am
PCB 99-72
People of the State of Illinois v. Lake of
Egypt Water District, Willis Dale
Shadowens and Gary R. Rhodes
State Office Building
Main Conference Room
2309 West Main Street
Marion, IL
16
6/8/2000
10:30 am
Illinois Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street,
Room 9-040
Chicago, IL
6/9/2000
9:30 am
PCB 99-72
People of the State of Illinois v. Lake of
Egypt Water District, Willis Dale
Shadowens and Gary R. Rhodes
State Office Building
Main Conference Room
2309 West Main Street
Marion, IL
6/22/2000
10:30 am
Illinois Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street,
Room 9-040
Chicago, IL
7/10/2000
10:00 am
R00-20
In the Matter of: Revision of the Board’s
Procedural Rules: 35 Ill. Adm. Code 101-
130
Illinois Pollution Control
Board
600 S. Second Street
Hearing Room 403
Springfield, IL
7/13/2000
11:00 am
Illinois Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street,
Room 9-040
Chicago, IL
7/27/2000
11:00 am
Illinois Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street,
Room 9-040
Chicago, IL
8/10/2000
11:00 am
Illinois Pollution Control Board Meeting
600 S. Second Street
Hearing Room 403
Springfield, IL
8/24/2000
11:00 am
Illinois Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street,
Room 9-040
Chicago, IL
------------------------------------------------CUT HERE------------------------------------------------
Environmental Register Comment Card
4
The Illinois Pollution Control Board is an independent seven-member board that
adopts environmental control standards, rules on enforcement actions,
and other environmental disputes for the State of Illinois.
The Environmental Register is published monthly by the Board, and contains
updates on rulemakings, descriptions of final decisions, the Board’s hearing
calendar, and other environmental law information.
------------------------------------------------CUT HERE------------------------------------------------
Illinois Pollution Control Board
Environmental Register Coordinator
600 South Second Street, Suite 402
Springfield, Illinois 62704
