1. Web Site: http://www.ipcb.state.il.us
      1. Federal Updatep. 1
      2. Rule Updatep. 4
      3. Appellate UpdateP. 5
      4. Board Actionsp. 6
      5. New Casesp. 15
      6. Board Calendarp. 17
      7. Federal Update
      8. United States Environmental Protection Agency Proposes National Emission Standards Under the Clean Air Act for Hazardous Air Pollutants from Semiconductor Manufacturing
      9. United States Environmental Protection Agency Proposes New Source Performance Standards Under the Clean Air Act for Municipal Solid Waste Landfills
        1. _
          1. _
        2. In the Matter of: Petition of World Recycling, I
        3. In the Matter of: Petition of Central Illinois L
          1. _
      10. AC 02-43
      11. AC 02-44
        1. County of Jackson v. Robert L. Morgan – The Board
      12. AC 02-45
      13. AC 02-46
      14. AC 02-47
        1. IEPA v. James H. Hendricks, Joseph L. Hendricks,
      15. AC 02-48
      16. PCB 01-144
      17. PCB 02-161
        1. _
          1. _
      18. PCB 98-55
      19. PCB 00-67
      20. PCB 00-181
        1. _
          1. _
      21. AC 01-44
        1. IEPA v. Charles Haley d/b/a Haley Brothers Constr
      22. AC 02-35
      23. AC 02-49
      24. AC 02-50
        1. IEPA v. Gordon Romine d/b/a Romine Disposal – The
      25. AC 02-51
      26. AC 02-53
      27. PCB 02-200
      28. PCB 92-102
      29. PCB 97-103
      30. PCB 00-110
        1. _
          1. _

 
 
 
 
 
 
 
Claire A. Manning, Chairman
 
Board Members:
Ronald C. Flemal, G. Tanner Girard, Thomas E. Johnson,
Samuel T. Lawton Jr., Nicholas J. Melas, Michael E. Tristano
 
 
 
 
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
 
 
 
Web Site: http://www.ipcb.state.il.us
 
 
  

 
Letter from the Chairman
 
 
 
Illinois’ efforts to protect its surface water and groundwater resources have traditionally, and necessarily, focused
on water
quality
protection. Those efforts to protect our waters from pollutants will continue, but there is more to
be done. On April 22, 2002, Governor Ryan issued Executive Order Number 5 to bring about a coordinated,
statewide planning system for water
quantity
protection.
 
The Governor observed that Illinois’ citizens rely on surface water and groundwater for personal consumption and
Illinois’ industries use a significant amount of these waters: “The demand on Illinois’ water resources may lead to
conflicts among multiple users, may adversely affect the health of the State’s citizens, and may adversely impact the
environment and the economy of the State.” The Governor accordingly concluded that planning is essential to
protect and manage adequate supplies of Illinois’ water resources “for the future generations of citizens, industry,
and wildlife of the State.”
 
To provide that planning, the Governor ordered the Interagency Coordinating Committee on Groundwater (created
under the Illinois Groundwater Protection Act and composed of various State agency directors (415 ILCS 55/4)) to
designate a subcommittee on water quantity planning. The subcommittee, to be chaired by the Director of the
Department of Natural Resources or the Director’s designee, will be responsible for developing an “integrated
groundwater and surface-water resources agenda and assessment report.” The agenda will prioritize planning to
protect the quantities of Illinois’ water resources. The report will analyze the “burdens on Illinois’ finite water
resources” and “quantify Illinois’ water resources.”
 
Using the subcommittee’s agenda and report, the Interagency Coordinating Committee on Groundwater and the
Groundwater Advisory Council (also created under the Illinois Groundwater Protection Act, but composed of
persons representing environmental, industrial, local government, and other interests (415 ILCS 55/5)) must
“establish a water-quantity planning procedure for the State by implementing the following programs”:
 
A “coordinated groundwater and surface-water resource program” with “accessible and usable”
information for government agencies and the public to “support the State’s water-resources quantity
programs”;
 
A “statewide groundwater and surface-water resource program to serve as the basis for the formation of
priority water-quantity planning areas”; and
 
A “statewide program for the identification and recommendation of the appropriate organizational structure
for priority water-quantity planning areas.”
 
Before January 1 of each year, the Interagency Coordinating Committee on Groundwater must report to the
Governor “on the progress of the assessments and programs mandated by this Executive Order.”
 
The Board, in recently considering potential environmental impacts from simple cycle and combined cycle electrical
power generating plants, found that Illinois has no regulatory framework for managing and preserving the quantity
of the our surface water and groundwater resources. I commend the Governor for his leadership in setting the stage
for these sorely needed water quantity planning programs.
 
 
 
Sincerely,
 
Claire A. Manning, Chairman

 
Environmental Register – May 2002
 
Inside This Issue:
 
 
FEDERAL UPDATE
  
P. 1
RULE UPDATE
  
  
  
  
  
P. 4
APPELLATE UPDATE
  
  
  
  
P. 5
BOARD ACTIONS
  
  
  
  
P. 6
NEW CASES
  
  
  
  
  
P. 15
BOARD CALENDAR
  
  
  
  
P. 17
 
 
Federal Update
 
United States Environmental Protection Agency Adopts the Approval and Promulgation of Implementation
Plans for Illinois Under the Clean Air Act
 
On May 15, 2002, the United States Environmental Protection Agency (USEPA) adopted direct final rules, while
simultaneously publishing an identical proposal, to approve revisions adopted by the Illinois Environmental
Protection Agency (IEPA) to the Illinois emission reporting regulations found at 35 Ill. Adm. Code 254.
 
In this rule, USEPA approved revisions to Illinois rules for emission reporting. The IEPA requested these revisions
on November 6, 2001. The revisions have two purposes. First, the revisions restructure previously approved
regulations, eliminating a category with intermediate reporting requirements and thus requiring further reporting by
a modest number of sources. Second, the revisions add requirements for reporting emissions of hazardous air
pollutants by sources in the Chicago area volatile organic compound emissions trading program. This information
on hazardous air pollutant emissions will help IEPA assess whether its emission trading program has adverse effects
on the magnitude and distribution of hazardous air pollutant emissions (HAPs).
 
The emission reporting rule requires sources subject to the trading program to report ozone season emissions of
HAPs meeting any of three criteria: (1) HAPs that are regulated by a national emission standard (typically a
maximum achievable control technology standard), (2) HAPs emitted in sufficient quantity to make the source a
major source, and (3) HAPs reported to the federal Toxic Release Inventory. Sources are exempt from reporting if
they certify that information already reported to the Toxic Release Inventory suffices to indicate ozone season HAP
emissions. All sources subject to the trading program, including sources meeting none of the three criteria for HAP
reporting, must answer questions that address whether the trading program might have affected HAPs emissions.
IEPA is then authorized to request further information on HAP emissions when needed.
 
Through its approval of the amendments, USEPA concluded that the revised regulations continue to satisfy
emissions reporting requirements and provide for reporting of emissions information needed to assess the impact of
the emissions trading program on the distribution and overall magnitude of hazardous air pollutant emissions.
 
This rule is effective on July 15, 2002, unless USEPA receives written adverse comments by June 14, 2002. If the
effective date is delayed, timely notice will be published in the Federal Register.
 
Send comments to: J. Elmer Bortzer, Chief, Regulation Development Section, Air Programs Branch (AR-18J),
United States Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Copies of the
State's submittal are available for inspection at the following address: U.S. Environmental Protection Agency,
Region 5, Air and Radiation Division (AR-18J), 77 West Jackson Boulevard, Chicago, Illinois 60604.
 
For further information contact: John Summerhays, Environmental Scientist, Regulation Development Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, Chicago, Illinois 60604-3590, (312)
886-6067.
 
 
1

Environmental Register – May 2002
 
United States Environmental Protection Agency Adopts Direct Final Rules Under the Clean Water Act to
Regulate Fill Material Deposited in Waters of the United States
 
On May 9, 2002, the United States Environmental Protection Agency (USEPA) and the United States Army Corps
of Engineers (Corps) adopted direct final rules to reconcile both agencies’ definitions of the terms “fill material” and
to amend their definitions of “discharge of fill material.” These rules are effective June 10, 2002.
 
The final rule completed the rulemaking process initiated by the April 20, 2000 proposal in which the Corps and
USEPA jointly proposed to amend their respective regulations so that both agencies would have identical definitions
of these key terms. The proposal was intended to clarify the Section 404 regulatory framework and generally to be
consistent with existing regulatory practice.
 
In the final rule, “fill material” is defined in both the Corps' and USEPA's regulations as material placed in waters of
the U.S. where the material has the effect of either replacing any portion of a water of the United States with dry
land or changing the bottom elevation of any portion of a water. The examples of “fill material” identified in the
rule include rock, sand, soil, clay, plastics, construction debris, wood chips, overburden from mining or other
excavation activities, and materials used to create any structure or infrastructure in waters of the U.S.
 
This rule retains the effects-based approach of the April 2000 proposal and reflects the approach in USEPA's
longstanding regulations. However, it includes an explicit exclusion from the definition of “fill material” for trash
or garbage. The final rule also includes several clarifying changes to the term “discharge of fill material.”
Specifically, the term “infrastructure” has been added in several places following the term “structure” to further
define the situations where the placement of fill material is considered a “discharge of fill material.” In addition, the
phrases “placement of fill material for construction or maintenance of any liner, berm, or other infrastructure
associated with solid waste landfills” and “placement of overburden, slurry, or tailings or similar mining-related
materials” have been added to the definition of “discharge of fill material” to provide further clarification of the
types of activities regulated under section 404. In their explanation of the final rules, both agencies indicated that
the final rule would not modify existing regulatory practice, but is intended to clarify terms.
 
For further information contact: Ms. Brenda Mallory, U.S. Environmental Protection Agency, EPA West, Office of
Wetlands, Oceans and Watersheds (4502T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460, phone:
(202) 566-1368, e-mail address: mallory.brenda@epa.gov.
 
 
United States Environmental Protection Agency
 
Proposes National Emission Standards Under the Clean Air
Act for Hazardous Air Pollutants from Engine Test Cells/Stands
 
 
On May 14, 2002, the United States Environmental Protection Agency (USEPA) proposed national emission
standards for hazardous air pollutants (NESHAPs) from engine test cells/stands. In its notice, USEPA stated that
engine test cells/stands have been identified as major sources of hazardous air pollutants (HAP) such as toluene,
benzene, mixed xylenes, and 1,3-butadiene. The proposed NESHAPs implement section 112(d) of the Clean Air
Act (CAA) that requires all major sources of HAP to meet emission standards reflecting the application of the
maximum achievable control technology (MACT).
 
An engine test cell/stand is any apparatus used for testing uninstalled stationary or uninstalled mobile engines. The
proposed rule applies to any engine test cell/stand located at a major source of HAP emissions. However, the
proposed regulations exempt existing engine test cells/stands that are located at major sources of HAP emissions
from the emission limitation or the recordkeeping or reporting requirements. A major source of HAP emissions is a
plant site that emits or has the potential to emit any single HAP at a rate of 10 tons (9.07 megagrams) or more per
year or any combination of HAP at a rate of 25 tons (22.68 megagrams) or more per year.
 
The proposed rule covers four subcategories of engine test cells/stands located at major source facilities: (1)
cells/stands used for testing internal combustion engines with rated power of 25 hp (19 kW) or more, (2) cells/stands
used for testing internal combustion engines with rated power of less than 25 hp, (3) cells/stands used for testing
combustion turbine engines, and (4) cells/stands used for testing rocket engines.
2

 
Environmental Register – May 2002
 
 
Submit comments on or before July 15, 2002 to: Air and Radiation Docket and Information Center (6102), Attention
Docket Number A-98-29, U.S. EPA, 1200 Pennsylvania Avenue, NW, Washington, DC 20460.
 
For further information contact: Mr. Jaime Pagan, Combustion Group, Emission Standards Division (MD-13), U.S.
EPA, Research Triangle Park, North Carolina 27711; telephone number (919) 541-5340; facsimile number (919)
541-0942; electronic mail (e-mail) address pagan.jaime@epa.gov
 
Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (2000)), once adopted by
the USEPA, NESHAPs rules are applicable and enforceable under the Act without further action by the Board.
 
 
United States Environmental Protection Agency Proposes National Emission Standards Under the Clean Air
Act for Hazardous Air Pollutants from Municipal Solid Waste Landfills
 
On May 23, 2002, the United States Environmental Protection Agency (USEPA) proposed supplemental
amendments to its November 7, 2000 National Emission Standards for Hazardous Air Pollutants (NESHAPs) for
municipal solid waste landfills (MSW).
 
On November 7, 2000, at 65 Fed. Reg. 66672, USEPA proposed NESHAP for MSW landfills and requested
comments on bioreactors. Based on comments to the proposed rule and additional information and analyses, USEPA
added a definition of bioreactors to the proposed rule and proposed timely control for bioreactors located at MSW
landfills with a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters.
 
Comments are requested only on information and proposed requirements for bioreactors presented in the
supplementary action. Submit comments on or before June 24, 2002 to: Air and Radiation Docket and Information
Center (6102), Attention Docket Number A-98-28, U.S. EPA, 1200 Pennsylvania Avenue, NW., Washington DC
20460.
 
Further information contact: Ms. Michele Laur at Waste and Chemical Processes Group, Emission Standards
Division (C439-03), Office of Air Quality Planning and Standards, U.S. EPA, Research Triangle Park, NC 27711,
telephone number (919) 541-5256, facsimile number (919) 541-0246, electronic mail address
laur.michele@epa.gov.
 
Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (2000)), once adopted by
the USEPA, NESHAPs rules are applicable and enforceable under the Act without further action by the Board.
 
 
United States Environmental Protection Agency Proposes National Emission Standards Under the Clean Air
Act for Hazardous Air Pollutants from Semiconductor Manufacturing
 
On May 8, 2002, the United States Environmental Protection Agency (USEPA) proposed national emission
standards for hazardous air pollutants (NESHAPs) for semiconductor manufacturing operations.
 
USEPA stated that it had identified semiconductor manufacturing operations as major sources of emissions of
hazardous air pollutants (HAPs) such as hydrochloric acid, hydrofluoric acid, glycol ethers, methanol, and xylene.
These HAPs are associated with a variety of adverse health effects including irritation of the lung, skin, and mucus
membranes, effects on the central nervous system, and damage to the skeleton system. The proposed NESHAPs
would require all semiconductor manufacturing facilities that are major sources to meet emission standards
reflecting the application of the maximum achievable control technology.
 
Submit comments on or before July 8, 2002 to: Air and Radiation Docket and Information Center (6102), Attention
Docket Number A-97-15, U.S. EPA, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
 
For further information contact: Mr. John Schaefer, USEPA, Office of Air Quality Planning and Standards,
Research Triangle Park, North Carolina 27711, telephone (919) 541-0296, e-mail: schaefer.john@epa.gov.
3

 
Environmental Register – May 2002
 
 
Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (2000)), once adopted by
the USEPA, NESHAPs rules are applicable and enforceable under the Act without further action by the Board.
 
 
United States Environmental Protection Agency Proposes New Source Performance Standards Under the
Clean Air Act for Municipal Solid Waste Landfills
 
On May 23, 2002, the United States Environmental Protection Agency (USEPA) proposed amendments to the new
source performance standards for municipal solid waste (MSW) landfills.
 
The amendments are intended to clarify who is responsible for compliance activities conducted on-site; to clarify
what constitutes treated landfill gas; to correct omission of an exemption for specific boilers and process heaters
from the initial performance test; and to address compliance activities conducted by third parties with systems
located off-site. USEPA stated that the proposed amendments would not change the current basic control
requirements or the level of health protection it provides, but will improve implementation, compliance, and
regulatory flexibility.
 
The current new source performance standards (NSPS) do not contain a specific definition for MSW landfill
owners/operators. In the absence of a specific definition, relevant definitions in the NSPS and in the general
provisions apply. This lack of a specific definition for MSW landfill owners/operators may have confused some
with regard to who is responsible for compliance when collection and control or treatment of landfill gas is
performed on-site.
 
Submit comments on or before July 22, 2002 to: Air and Radiation Docket and Information Center (6102), Attention
Docket Number A-88-09, U.S. EPA, 1200 Pennsylvania Avenue, NW, Washington, DC 20460.
 
For further information contact: Ms. Michele Laur, Waste and Chemical Processes Group, Emission Standards
Division (C439-03), U.S. EPA, Research Triangle Park, NC 27711, telephone number (919) 541-5256, facsimile
number (919) 541-0246, e-mail address: laur.michele@epa.gov.
 
Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (2000)), once adopted by
the USEPA, NESHAPs rules are applicable and enforceable under the Act without further action by the Board.
 
Rule Update
 
Board Accepts for Hearing a Site-Specific Air Rulemaking Proposal in Petition Of Central Illinois Light
Company (E.D. Edwards Generating Station) For a Site-Specific Air Regulation: 35 Ill. Adm. Code 214.561,
R02-21
 
On May 2, 2002, the Board accepted for hearing a proposal filed by the Central Illinois Light Company (E.D.
Edwards Generating Station) (CILCO) to amend the Board’s sulfur dioxide emissions limitations found at 35 Ill.
Adm. Code 214.141.
 
CILCO operates the E.D. Edwards Generating Station (facility) located near Peoria in Peoria County. The facility
consists of three coal-fired boilers. CILCO received a variance from 35 Ill. Adm. Code 214.141 in a Board order
issued on April 15, 1999.
See
Central Illinois Light Company v. IEPA, PCB 99-80 (Apr. 15, 1999). The variance is
effective through July 31, 2003. Boilers 1 and 3 are subject to a sulfur dioxide emission limit under a site-specific
rule at 35 Ill. Adm. Code 214.561. Boiler 2 is subject to the sulfur dioxide emissions limit under 35 Ill. Adm. Code
214.141.
 
CILCO seeks to make permanent the relief it was granted in PCB 99-80 by amending 35 Ill. Adm. Code 214.561
with respect to the requirements for the operation of Boiler 2. CILCO requests that the Board repeal the text of 35
Ill. Adm. Code 214.561 and replace it verbatim with text from the variance order of April 15, 1999. CILCO asserts
4

Environmental Register – May 2002
 
that this language has already been reviewed, approved by the United States Environmental Protection Agency, and
incorporated into the approved Illinois State Implementation Plan pursuant to the Clean Air Act.
See
42.U.S.C.
Section 7401,
et seq.
 
 
This petition replaces CILCO’s earlier-filed petition for adjusted standard seeking the same relief. This petition was
dismissed as unnecessary. In the Matter of: Petition of Central Illinois Light Company (E.D. Edwards Generating
Station) for an Adjusted Standard from 35 Ill. Adm. Code 214.141, AS 02-4 (May 5, 2002).
 
A hearing in this rulemaking will be scheduled shortly.
 
For more information contact John Knittle at (217) 278-3111 or email at knittlej@ipcb.state.il.us
 
Appellate Update
 
Third District Appellate Court Affirms Board in Community Landfill Company and the City of Morris vs.
Illinois Environmental Protection Agency, PCB 01-170
 
On May 15, 2002, the Third District Appellate Court affirmed the Board's decision in Community Landfill
Company and City of Morris v. IEPA, PCB 01-170 December 6, 2001. In a published opinion written by Justice
Breslin, with Justices Lytton and McDade concurring, the court agreed with the Board that the Illinois
Environmental Protection Agency (IEPA) had properly denied a supplemental landfill permit.
 
In its decision, the court addressed several important subjects on permitting in addition to the primary issue of
permit denial for not meeting the surety/financial assurance requirements. These other subjects include permit
denial on the basis of a felony conviction; "Wells letter" notice and opportunity to respond to reasons for potential
permit denial (see Wells Manufacturing Co. v. IEPA, 195 Ill. App.3d 593, 552 N.E.2d 1074 (1
st
Dist. 1990);
enforcement through permitting; equitable estoppel; and standard of review.
 
The Board’s December opinion affirmed the IEPA's decision denying a supplemental waste disposal permit to
Community Landfill Company (operator) and the City of Morris (owner) for the Morris Community Landfill. The
Board found that the IEPA properly denied the permit because the surety on the performance bonds proposed for the
landfill was not on the U.S. Department of Treasury's approved list of sureties (Circular 570) at the time of the
IEPA's decision. The Board's financial assurance regulations (35 Ill. Adm. Code 811.712(b)) require that sureties be
on the federal approved list.
 
The court affirmed the Board's decision on this ground: the landfill's surety did not comply.
 
The Board found that the IEPA’s second ground of the two grounds for permit denial was improper for procedural,
not substantive, reasons. The IEPA's second ground was based on the felony conviction of the company president.
The Board found that the IEPA served its "Wells letter" on the company so late that the company had insufficient
time to respond to the felony conviction issue. Under the Wells decision, because the felony conviction basis for
permit denial was outside of the permitting process, the company was entitled to an opportunity to respond to the
issue before the IEPA denied the permit on that ground.
 
The court did reach the merits of the Board's decision on the felony conviction issue because "the Board agreed with
the company that the IEPA had improperly considered the felony conviction." The court cited a recent decision for
the proposition that it is improper to provide a forum in a reviewing court to a party who succeeded but simply did
not agree with the reasoning of the lower court. Here, the company succeeded before the Board on the felony
conviction ground, but the reason was procedurally based, not based on the substance of the IEPA 's decision with
which the company disagreed.
 
Though the court does not cite Wells, the court agreed with the Board that the IEPA did not have to provide the
permit applicant with notice and an opportunity to respond (a "Wells letter") before denying the permit on the surety
ground. The court held that "the company was well aware that financial assurance must be obtained from an
5

 
Environmental Register – May 2002
 
approved surety and that the permit application could be denied for failure to do so. Therefore, the fact that the
surety was removed from the Circular 570 list was not a matter outside the permitting process . . . "
 
The court affirmed the Board's rulings on two arguments that are often raised. First, the court agreed with the Board
that the permit denial was not an impermissible use of the permitting process as an enforcement tool. Rather, with
the unapproved surety, any IEPA permit issuance would simply have violated the Board regulation. Consequently,
Section 39(a) of the Act required permit denial.
 
Second, the court reiterated that a public entity cannot be equitably estopped unless, among other things, it is
demonstrated that the public entity made a misrepresentation with knowledge that the misrepresentation was untrue:
"the company failed to prove that the Agency knowingly represented that the bonds were compliant with the
applicable regulations when it knew that they were not." Accordingly, the court agreed with the Board that the
IEPA could not be estopped from rejecting the bonds.
 
The court has not yet ruled on a petition for rehearing filed by Community Landfill and the City of Morris on June 5,
2002.
 
Board Actions
 
 
 
May 2, 2002
Via Video Conference Between
 
Springfield and Chicago, Illinois
 
 
Rulemakings
 
R02-21
In the Matter of: Petition of Central Illinois Light Company for a Site Specific
Air Rule: 35 Ill. Adm. Code 214.141 – The Board opened a new regulatory
docket to amend the Board’s air pollution control regulations. The Board
accepted the proposal to amend air pollution control regulations for hearing and
granted petitioner’s motions to waive the 200-signature requirement and to
incorporate the record in PCB 99-80 (see AS 02-4 below).
 
6-0
R, Land
 
 
Adjusted Standards
AS 02-2
In the Matter of: Petition of World Recycling, Inc. d/b/a Planet Earth Antifreeze
for an Adjusted Standard from 35 Ill. Adm. Code 720.131(c) – The Board
granted this Winnebago County facility an adjusted standard from the definition
of solid waste, pursuant to 35 Ill Adm. Code 720.131(c), subject to conditions.
 
7-0
Land
6

 
Environmental Register – May 2002
 
 
AS 02-4
R02-21
In the Matter of: Petition of Central Illinois Light Company for an Adjusted
Standard from 35 Ill. Adm. Code 214.141 – The Board dismissed this Peoria
County facility’s petition for an adjusted standard. The Board opened a new
regulatory docket to amend the Board’s air pollution control regulations. The
Board accepted the proposal to amend air pollution control regulations for
hearing and granted petitioner’s motions to waive the 200 signature requirement
and to incorporate the record in PCB 99-80.
 
7-0
Air
 
Administrative Citations
AC 02-43
IEPA v. James Potter – The Board accepted for hearing this petition for review of
an administrative citation against this Edgar County respondent.
 
7-0
AC 02-44
County of Jackson v. Robert L. Morgan – The Board found that this Jackson
County respondent violated Section 21(p)(3) of the Act (415 ILCS 5/21(p)(3)
(2000)), and ordered respondent to pay a civil penalty of $1,500.
 
7-0
AC 02-45
IEPA v. Roeco Enterprises, Inc. – The Board accepted for hearing this petition
for review of an administrative citation against this Champaign County
respondent.
 
7-0
AC 02-46
Sangamon County v. Kevin Biggs – In response to a joint stipulation and
settlement agreement in this administrative citation action involving a Sangamon
County facility, the Board found respondent violated Section 21(p)(1) of the
Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2000)) and ordered
respondent to pay a civil penalty of $1,500. The Board also granted the parties’
joint motion to dismiss the alleged violation of Section 21(p)(7) of the Act. 415
ILCS 5/21(p)(7) (2000).
 
7-0
AC 02-47
IEPA v. James H. Hendricks, Joseph L. Hendricks, Jeffrey Hendricks, and
Hendricks Home Furnishing, Inc. – The Board found that these Macoupin
County respondents violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1)
(2000)), and ordered respondents to pay a civil penalty of $1,500
.
 
 
 
7-0
AC 02-48
IEPA v. Tony Luttrell – The Board found that this Clay County respondent
violated Sections 21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7)
(2000)), and ordered respondent to pay a civil penalty of $3,000.
 
6-1
Girard
dissented
 
 
7

 
Environmental Register – May 2002
 
Decisions
PCB 01-144
People of the State of Illinois v. City of Pana, Housing Authority of Christian
County, PrairieLand Construction, Inc. and Rich Williams d/b/a C.R. Williams &
Associates Architects – In this public water supply enforcement action
concerning a Christian County facility, the Board granted relief from the hearing
requirement of Section 31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2000)),
accepted a final stipulation and settlement agreement for the City of Pana (Pana),
the Housing Authority of Christian County (HACC), PrairieLand Construction,
Inc. (PrairieLand) only. HACC was ordered to pay a civil penalty of $4,000.
Pana was ordered to fund a $7,500 Supplemental Environmental Project and to
pay a civil penalty of $2,140. PrairieLand was ordered to pay a civil penalty of
$5,000. HACC, Pana, and PrairieLand were ordered to cease and desist from
further violations. This matter shall proceed to hearing as to the remaining
respondent, Rich Williams d/b/a C.R. Williams & Associates Architects.
 
7-0
PWS-E
PCB 02-161
People of the State of Illinois v. Home Depot U.S.A., Inc. – In this water
enforcement action concerning a Lake County facility, the Board granted relief
from the hearing requirement of Section 31(c)(1) of the Environmental Protection
Act (415 ILCS 5/31(c)(1) (2000)), accepted a final stipulation and settlement
agreement, ordered this respondent to pay a total civil penalty of $50,000 and a
payment of $30,000 to the Lake County Health Department and Community
Health Center, and to cease and desist from further violations.
 
7-0
W-E
 
Motions and Other Matters
PCB 98-55
Donald McCarrell and Ann McCarrell v. Air Distribution Associates, Inc. – The
Board denied complainants motion for summary judgment and directed this
citizens’ cost recovery action involving a DuPage County facility to hearing.
 
7-0
Citizens
L-E
 
PCB 00-67
People of the State of Illinois v. American Disposal Company – The Board
granted complainant’s motion to voluntarily dismiss the remaining respondent
from this Resource Conservation and Recovery Act enforcement action involving
a Cook County facility, closing this docket.
 
7-0
RCRA-E
PCB 00-181
MDI Limited Partnership #42 v. Regional Board of Trustees for Boone and
Winnebago Counties and the Board of Education of Belvidere District 100 – The
Board granted the motion to strike complainant’s affidavit and denied the
motions for summary judgment, directing this citizen’s cost recovery action to
hearing.
 
7-0
Citizens
UST-E
PCB 01-72
Stepan Company v. IEPA – The Board granted petitioner’s motion for voluntary
dismissal of this permit appeal involving a Will County facility.
 
7-0
P-A, Air
8

Environmental Register – May 2002
 
 
PCB 02-84
People of the State of Illinois v. Bill Palmer d/b/a Commercial Group, Frank
Glosky, d/b/a Glosky Realty, and R.A.S. Development, Inc. – 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
Kendall County facility, the Board ordered publication of the required newspaper
notice.
 
7-0
W-E
PCB 02-97
Midwest Illinois Auto/Truck Plaza, Inc. v. IEPA – Having previously granted a
request for a 90-day extension, the Board dismissed this matter because no
underground storage tank appeal was filed on behalf of this Bond County facility.
7-0
UST Fund
PCB 02-100
Principia College v. IEPA – Having previously granted a request for a 90-day
extension, the Board dismissed this matter because no permit appeal was filed on
behalf of this Jersey County facility.
 
7-0
P-A
 
PCB 02-157
David L. Weber and Rachel B. Weber v. Cisco United Methodist Church – In
this citizens’ noise enforcement action involving a Piatt County facility, the
Board struck as frivolous the alleged violation of Section 901.104 of the Board’s
noise regulation (35 Ill. Adm. Code 900.104). The Board found that the
remaining alleged violation of the Board’s regulations is neither duplicitous nor
frivolous, and accepted it for hearing.
 
7-0
Citizens N-E
 
PCB 02-173
City of Waukegan , Waukegan City Council, and Richard H. Hyde, Mayor of the
City of Waukegan et al. v. IEPA and North Shore Sanitary District – The Board
dismissed this third-party permit appeal involving a Lake County facility for lack
of jurisdiction.
 
7-0
P-A, Land,
Air
3rd-Party
  
PCB 02-174
Alfred Uffelmann, Inc. v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and certified that
specified facilities of Alfred Uffelmann, Inc. located in Randolph County are
pollution control facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2000)).
 
7-0
T-C
 
PCB 02-175
David Billington v. IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that specified facilities
of David Billington located in Wayne County are pollution control facilities for
the purpose of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2000)).
 
7-0
T-C
 
PCB 02-176
Engelman Farms v. IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that specified facilities
of Englelman Farms located in Perry County are pollution control facilities for
the purpose of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2000)).
 
7-0
T-C
 
9

Environmental Register – May 2002
 
 
PCB 02-177
People of the State of Illinois v. John Prior d/b/a Prior Oil Company and James
Mezo d/b/a Mezo Oil Company – The Board accepted for hearing this Resource
Conservation and Recovery Act and water enforcement action involving a
Washington County facility.
 
7-0
RCRA,
W-E
PCB 02-178
Davis H. and Dennis K. Biddle v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board found and
certified that specified facilities of Davis H. and Dennis K. Biddle located in
Mercer County are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10 (2000)).
 
7-0
T-C
 
PCB 02-179
Davis H. and Dennis K. Biddle v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board found and
certified that specified facilities of Davis H. and Dennis K. Biddle located in
Mercer County are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10 (2000)).
 
7-0
T-C
 
PCB 02-180
Loren and Micah Anderson Partnership v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board found and
certified that specified facilities of Loren and Micah Anderson located in Henry
County are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10 (2000)).
 
7-0
T-C
 
PCB 02-181
William and Linda Michl Farms v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board found and
certified that specified facilities of William and Linda Michl located in Jasper
County are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10 (2000)).
 
7-0
T-C
 
PCB 02-182
UAP Richter Company (McDonough County) v. IEPA – Upon receipt of the
Illinois Environmental Protection Agency’s recommendation, the Board found
and certified that specified facilities of UAP Richter Company located in
McDonough County are pollution control facilities for the purpose of preferential
tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2000)).
 
7-0
T-C
PCB 02-183
Shearon, 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 McHenry
County facility.
 
7-0
UST Appeal
90-Day Ext.
 
10

Environmental Register – May 2002
 
 
PCB 02-184
UAP Richter Company (McDonough County) v. IEPA – The Board opened a
docket to address recommended denial of petitioner’s request for preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10 (2000)) for its
facility located in McDonough County. Petitioner must file a petition to contest
with the Clerk of the Board within 35 days after the respondent served the
recommendation. If petitioner fails to timely file a petition, the Board may deny
tax certification for the noise pollution abatement control facility based solely on
respondent’s recommendation.
 
7-0
T-C
PCB 02-185
People of the State of Illinois v. Ferrara Pan Candy Company, Inc. – The Board
accepted for hearing this air enforcement action involving a Cook County
facility.
 
7-0
A-E
PCB 02-186
People of the State of Illinois v. Van Melle U.S.A., Inc. – The Board accepted for
hearing this air enforcement action involving a Lake County facility.
 
7-0
A-E
PCB 02-187
UOP L.L.C. v. IEPA – The Board granted this request for a 90-day extension of
time to file a permit appeal on behalf of this Cook County facility.
 
7-0
P-A, Air
PCB 02-188
Smithfield Properties IV, L.L.C. 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.
 
7-0
UST Appeal
90-Day Ext.
 
PCB 02-189
Wareco 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
Knox County facility.
 
7-0
UST Fund
90-Day Ext.
 
PCB 02-190
Mark IV Realty, 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.
 
6-0
Melas
abstained
UST Appeal
90-Day Ext.
 
 
11

 
Environmental Register – May 2002
 
 
 
May 16, 2002
Via Video Conference Between
Springfield and Chicago, Illinois
 
 
Administrative Citations
 
AC 01-44
IEPA v. Charles Haley d/b/a Haley Brothers Construction – In response to a joint
stipulation and settlement agreement in this administrative citation action
involving an Iroquois County facility, the Board found respondent violated
Section 21(p)(3) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(3)
(2000)) and ordered respondent to pay a civil penalty of $1,500. The Board also
granted the parties’ joint motion to dismiss the alleged violation of Section
21(p)(1) of the Act. 415 ILCS 5/21(p)(1) (2000).
 
7-0
AC 02-35
IEPA v. E. Lewis Look – In response to a joint stipulation and settlement
agreement in this administrative citation action involving a Peoria County
facility, the Board found respondent violated Section 21(p)(1) of the
Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2000)) and ordered
respondent to pay a civil penalty of $1,500. The Board also granted the parties’
joint motion to dismiss the alleged violation of Section 21(p)(7) of the Act. 415
ILCS 5/21(p)(7) (2000).
 
7-0
AC 02-49
Ogle County v. Loren and Mary Hart d/b/a Rolling Meadows Mobile Home Park
and Jeff Hart – In response to a joint stipulation and settlement agreement in this
administrative citation action involving an Ogle County facility, the Board found
respondent violated Section 21(p)(3) of the Environmental Protection Act (Act)
(415 ILCS 5/21(p)(3) (2000)) and ordered respondent to pay a civil penalty of
$1,500. The Board also granted the parties’ joint motion to dismiss the alleged
violation of Sections 21(p)(1) and (p)(7) of the Act. 415 ILCS 5/21(p)(1), (p)(7)
(2000).
 
7-0
AC 02-50
IEPA v. Gordon Romine d/b/a Romine Disposal – The Board found that this
Fulton County respondent violated Section 21(p)(1) of the Environmental
Protection Act (415 ILCS 5/21(p)(1) (2000)), and ordered respondent to pay a
civil penalty of $1,500
.
 
 
7-0
AC 02-51
IEPA v. Gerald Goines – The Board accepted for hearing this petition for review
of an administrative citation against this Johnson County respondent.
 
7-0
AC 02-53
IEPA v. Edward E. Tucker and Gibson Materials, Company – The Board found
that these Ford County respondents violated Sections 21(p)(1), (p)(3), (p)(4), and
(p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3), (p)(4),
(p)(7) (2000)), and ordered respondents to pay a civil penalty of $6,000
.
 
 
6-1
Girard
dissented
 
 
12

 
Environmental Register – May 2002
 
Decisions
PCB 00-33
People of the State of Illinois v. Laidlaw Corporation – In this air
enforcement action concerning a Massac County facility, the Board
granted relief from the hearing requirement of Section 31(c)(1) of the
Environmental Protection Act (415 ILCS 5/31(c)(1) (2000)), accepted a
final stipulation and settlement agreement, ordered the respondent to pay
a total civil penalty of $50,000, and to cease and desist from further
violations.
 
7-0
A-E
 
PCB 02-108
Saline County Landfill, Inc. v. IEPA; County of Saline, Intervenor –
The Board affirmed the Illinois Environmental Protection Agency’s
January 4, 2002 decision to deny Saline County Landfill, Inc.’s
application for a development permit to expand the Saline County
Landfill, due to lack of proof of local siting approval.
7-0
P-A, Land
 
 
Provisional Variances
PCB 02-200
Precoat Metals v. IEPA – Upon receipt of an Illinois Environmental
Protection Agency recommendation, the Board granted a 30-day
provisional variance to this Madison County facility from the 90-day
limitation on the accumulation of hazardous wastes, as set forth in 35 Ill.
Adm. Code 722.134(b).
 
7-0
RCRA
L-V
 
 
Motions and Other Matters
 
PCB 92-102
Moline/Dutchway Cleaners v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank appeal
involving a Rock Island County facility.
 
7-0
UST Fund
PCB 97-103
People of the State of Illinois v. State Oil Company, William Anest
f/d/b/a S&S Petroleum Products, Peter Anest f/d/b/a S&S Petroleum
Products, Charles Abraham, Josephine Abraham, and Millstream
Service, Inc.; Charles Abraham, Josephine Abraham, and Millstream
Services, Inc., Cross-Complainants v. William Anest and Peter Anest,
Cross-Respondents – The Board denied the motions for certification of
issues for interlocutory appeal and to stay the proceedings. The Board
directed this matter to hearing as expeditiously as practicable.
 
7-0
L&W-E
PCB 00-110
People of the State of Illinois v. Joe Decicco Demolition, Inc. – The
Board rescinded its interim order of April 18, 2002, denied
complainant’s November 19, 2001 motion for summary judgment in its
entirety, and directed this matter to hearing.
 
7-0
A-E
PCB 00-160
ESG Watts, Inc. (Sangamon Valley Landfill) v. IEPA
On receipt of
the May 2, 2002 mandate from the Fourth District Appellate Court, the
Board ordered this matter to proceed to hearing. (The Appellate Court
reversed the Board’s August 24, 2000 decision in this proceeding
finding that the Board had jurisdiction, and remanded the appeal for
further proceedings.)
 
 
7-0
P-A, Land
PCB 02-48
Economy Mechanical Industries, Inc. v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground storage
tank appeal involving a Cook County facility.
 
7-0
UST Fund
13

Environmental Register – May 2002
 
 
PCB 02-92
Wareco Service, Inc. v. IEPA – The Board granted petitioner’s motion
for voluntary dismissal of this underground storage tank appeal
involving a Knox County facility.
 
7-0
UST Fund
PCB 02-105
Southern Illinois University, Edwardsville v. IEPA – The Board
accepted for hearing this permit appeal involving a Madison County
facility.
 
7-0
P-A, NPDES
PCB 02-107
Midway Oil Company v. IEPA – Having previously granted a request
for a 90-day extension, the Board dismissed this matter because no
underground storage tank appeal was filed on behalf of this Rock Island
County facility.
 
7-0
UST Appeal
 
PCB 02-164
Barbara and Ronald Stuart v. Franklin Fisher – In this citizens’ noise
enforcement action involving a Will County facility, the Board denied in
part and granted in part the motion to dismiss, and struck as frivolous
the alleged violations of Section 23 of the Environmental Protection Act
(Act) (415 ILCS 5/23 (2000)) and of the Humane Care for Animals Act
(510 ILCS 70/3.01, 3.02, and 3.03 (2000)). The Board found that the
remaining alleged violation of the Board’s regulations is neither
duplicitous nor frivolous, and accepted it for hearing.
 
7-0
Citizens
N-E
 
PCB 02-191
Dairy King Farms, Inc. v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board found
and certified that specified facilities of Dairy King Farms, Inc. located in
Montgomery County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2000)).
 
7-0
T-C
 
PCB 02-192
Probst Pork, Inc. v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and certified
that specified facilities of Probst Pork, Inc. located in Jasper County are
pollution control facilities for the purpose of preferential tax treatment
under the Property Tax Code (35 ILCS 200/11-10 (2000)).
 
7-0
Manning
T-C
 
PCB 02-193
Illinois Valley Paving 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 Scott County facility.
 
7-0
UST Appeal
90-
Day
Ext.
 
PCB 02-194
Cooperative Gas & Oil Company v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board found
and certified that specified facilities of Cooperative Gas & Oil Co.
located in Whiteside County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code (35
ILCS 200/11-10 (2000)).
 
7-0
T-C
 
PCB 02-195
R. Dean Lower v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and certified
that specified facilities of R. Dean Lower located in Carroll County are
pollution control facilities for the purpose of preferential tax treatment
under the Property Tax Code (35 ILCS 200/11-10 (2000)).
 
7-0
T-C
 
14

 
Environmental Register – May 2002
 
 
PCB 02-196
Smoot 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 Union County facility.
 
7-0
UST Fund
90-Day Ext.
 
PCB
02-197
Nicor Gas v. IEPA – The Board granted this request for a 90-day
extension of time to file a permit appeal on behalf of this Livingston and
McLean County facility.
 
7-0
P-A, Air
90-Day Ext.
 
PCB 02-198
People of the State of Illinois v. Olin Corporation – 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
Madison County facility, the Board ordered publication of the required
newspaper notice.
 
7-0
RCRA-E
PCB 02-199
People of the State of Illinois v. Great Lakes Terminal & Transport
Corporation – 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 Cook County facility, the Board ordered
publication of the required newspaper notice.
 
7-0
RCRA-E
 
New Cases
 
 
May 2, 2002 Board Meeting
 
02-174
Alfred Uffelmann, Inc. v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of Alfred Uffelmann, Inc. located in
Randolph County are pollution control facilities for the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2000)).
02-175
David Billington v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of David Billington located in Wayne
County are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35
ILCS 200/11-10 (2000)).
02-176
People of the State of Illinois v. John Prior d/b/a Prior Oil Company and James Mezo d/b/a Mezo Oil
Company – The Board accepted for hearing this Resource Conservation and Recovery Act and water enforcement
action involving a Washington County facility.
02-177
People of the State of Illinois v. John Prior d/b/a Prior Oil Company and James Mezo d/b/a Mezo Oil
Company – The Board accepted for hearing this Resource Conservation and Recovery Act and water enforcement
action involving a Washington County facility.
02-178
Davis H. and Dennis K. Biddle v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of Davis H. and Dennis K. Biddle located in
Mercer County are pollution control facilities for the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2000)).
02-179
Davis H. and Dennis K. Biddle v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of Davis H. and Dennis K. Biddle located in
Mercer County are pollution control facilities for the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2000)).
15

 
Environmental Register – May 2002
 
02-180
Loren and Micah Anderson Partnership v. IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that specified facilities of Loren and Micah Anderson
located in Henry County are pollution control facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2000)).
02-181
William and Linda Michl Farms v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of William and Linda Michl located in Jasper
County are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35
ILCS 200/11-10 (2000)).
02-182
UAP Richter Company (McDonough County) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and certified that specified facilities of UAP Richter
Company located in McDonough County are pollution control facilities for the purpose of preferential tax treatment
under the Property Tax Code (35 ILCS 200/11-10 (2000)).
02-183
Shearon, 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 McHenry County facility.
02-184
UAP Richter Company (McDonough County) v. IEPA – The Board opened a docket to address
recommended denial of petitioner’s request for preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2000)) for its facility located in McDonough County. Petitioner must file a petition to contest with the
Clerk of the Board within 35 days after the respondent served the recommendation. If petitioner fails to timely file a
petition, the Board may deny tax certification for the noise pollution abatement control facility based solely on
respondent’s recommendation.
02-185
People of the State of Illinois v. Ferrara Pan Candy Company, Inc. – The Board accepted for hearing this air
enforcement action involving a Cook County facility.
02-186
People of the State of Illinois v. Van Melle U.S.A., Inc. – The Board accepted for hearing this air
enforcement action involving a Lake County facility.
02-187
UOP L.L.C. v. IEPA – The Board granted this request for a 90-day extension of time to file a permit appeal
on behalf of this Cook County facility.
02-188
Smithfield Properties IV, L.L.C. 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.
02-189
Wareco 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 Knox County facility.
02-190
Mark IV Realty, 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.
R02-21
In the Matter of: Petition of Central Illinois Light Company for a Site Specific Air Rule: 35 Ill. Adm. Code
214.141 – The Board opened a new regulatory docket to amend the Board’s air pollution control regulations. The
Board accepted the proposal to amend air pollution control regulations for hearing and granted petitioner’s motions
to waive the 200-signature requirement and to incorporate the record in PCB 99-80 (see AS 02-4).
 
May 16, 2002 Board Meeting
 
02-191
Dairy King Farms, Inc. v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of Dairy King Farms, Inc. located in
Montgomery County are pollution control facilities for the purpose of preferential tax treatment under the Property
Tax Code (35 ILCS 200/11-10 (2000)).
02-192
Probst Pork, Inc. v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of Probst Pork, Inc. located in Jasper County
are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2000)).
16

Environmental Register – May 2002
 
02-193
Illinois Valley Paving 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 Scott County facility.
02-194
Cooperative Gas & Oil Company v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of Cooperative Gas & Oil Co. located in
Whiteside County are pollution control facilities for the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2000)).
02-195
R. Dean Lower v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation,
the Board found and certified that specified facilities of R. Dean Lower located in Carroll County are pollution
control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10
(2000)).
02-196
Smoot 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 Union County facility.
02-197
Nicor Gas v. IEPA – The Board granted this request for a 90-day extension of time to file a permit appeal on
behalf of this Livingston and McLean County facility.
02-198
People of the State of Illinois v. Olin Corporation – 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 Madison County facility, the Board ordered publication of the
required newspaper notice.
02-199
People of the State of Illinois v. Great Lakes Terminal & Transport Corporation – 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 Cook County facility, the Board
ordered publication of the required newspaper notice.
02-200
Precoat Metals v. IEPA – Upon receipt of an Illinois Environmental Protection Agency recommendation, the
Board granted a 30-day provisional variance to this Madison County facility from the 90-day limitation on the
accumulation of hazardous wastes, as set forth in 35 Ill. Adm. Code 722.134(b).
AC 02-54
IEPA v. Rayetta Thompson – The Board accepted an administrative citation against this Union County
respondent.
 
Calendar
 
6/6/2002
11:00 am
 
Illinois Pollution Control Board Meeting
Illinois Pollution Control Board
Conference Room 403
600 South Second Street
Springfield
6/11/2002
10:00 am
PCB 00-140
Gladys L. Knox and David A. Knox v.
Turris Coal Company and AEI Resources,
Inc.
Illinois Pollution Control Board
Hearing Room 403
600 South Second Street
Springfield
6/12/2002
9:00 am
PCB 00-140
Gladys L. Knox and David A. Knox v.
Turris Coal Company and AEI Resources,
Inc.
Illinois Pollution Control Board
Hearing Room 403
600 South Second Street
Springfield
6/20/2002
11:00 am
 
Illinois Pollution Control Board Meeting
 
James R. Thompson Center
Conference Room 11-512
100 West Randolph Street
Chicago
6/26/2001
10:00 am
AC 02-7
IEPA v. Terry and Litisha Springer (Elsah
Twp./Springer) IEPA Docket No. 390-01-
AC
Jersey County Courthouse
Courtroom B
201 West Pearl Street
Jerseyville
17

Environmental Register – May 2002
 
6/26/2002
10:00 am
R02-20
Proposed Horween Leather Company Site-
Specific Air Rule, 35 Ill. Adm. Code
211.6170
James R. Thompson Center
Conference Room 9-040
100 West Randolph Street
Chicago
7/8/2002
10:00 am
AS 01-10
Petition of Prairie Material Sales, Inc. for
Adjusted Standard from 35 Ill. Adm. Code
Parts 811 and 814
Lee County Courthouse
County Board Room
112 East Second Street
Dixon
7/9/2002
10:00
AC 02-4
IEPA v. Mound City (IEPA no. 288-01-AC)
Pulaski County Courthouse
County Board Room
Second and High Street
Mound City
7/11/2002
11:00 am
 
Illinois Pollution Control board Meeting
Illinois Pollution Control Board
James R. Thompson Center
Conference Room 11-512
100 West Randolph Street
Chicago
7/12/2002
10:00 am
PCB 01-135
People of the State of Illinois v. Patrick
Robert Land Trust
Tazewell County Courthouse
Courtroom 306
342 Court Street
Pekin
7/15/2002
10:00 am
PCB 02-205
Home Oil Company v. IEPA
Illinois Pollution Control Board
Hearing Room 403
600 South Second Street
Springfield
7/15/2002
10:00 am
PCB 02-206
Home Oil Company v. IEPA
Illinois Pollution Control Board
Hearing Room 403
600 South Second Street
Springfield
7/16/2002
10:00 am
PCB 02-207
Wallace Pharmaceuticals v. IEPA
Macon County Courthouse
Courtroom 5C
253 East Wood Street
Decatur
7/23/2002
10:00 am
AC 02-32
IEPA v. Colorado Real Estate & Investment
Co. (Kingspark Mobile Estates) IEPA
Docket No. 561-01-AC
Peoria County Courthouse
Board Room 403
324 Main Street
Peoria
 
 
18

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
------------------------------------------------CUT HERE------------------------------------------------
 
Environmental Register Comment Card
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
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
 

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