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

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

Thomas E. Johnson, Chairman

G. Tanner Girard, Doris C. Karpiel, William A. Marovitz,

Nicholas J. Melas, Lynne P. Padovan, Michael E. Tristano

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

(312) 814-6032 TDD

Illinois Pollution Control Board

600 South Second Street

Springfield, Illinois 62704

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

Letter from the Chairman

This is an exciting time for the Board. We have a number of important

rulemakings currently working their way through the regulatory process. These

rulemakings cover a wide variety of topics including noise, water, and land-related

dockets. I have summarized a few of the more significant rulemakings in this

In order to update and refine its noise regulations, the Board has initiated two

dockets. The first docket, R03-08, proposes to update materials that are

incorporated by reference and to eliminate regulations (found at 35 Ill. Adm. Code

901) that have been made redundant by past legislation. The Board has adopted a

proposed second notice opinion and order in this rulemaking. The second noise

docket, R03-09, seeks to update the standards and techniques used for noise

measurements. Additionally, the Board is proposing a new Part 910 to incorporate standards used by the Illinois

Environmental Protection Agency when it administered the noise program into the Board’s standards. This

proposal is currently open for public comment.

In R03-19, the Board is reviewing the public participation procedures in the National Pollutant Discharge

Elimination System (NPDES) permit process. The proposal was filed by the Environmental Law and Policy Center

of the Midwest, Illinois Chapter of the Sierra Club, Prairie Rivers Network, along with 225 citizens. It seeks to add

language to the Board’s rules to facilitate the public’s understanding of the development of a NPDES permit, and to

allow for additional opportunity for the public to comment on draft permits. Two hearings have been held, and the

Board is currently accepting public comments in this rulemaking.

Amendments to the Board’s Site Remediation regulations are being considered in R03-20. This rulemaking

incorporates recent statutory amendments to clarify procedures to be used when a petitioner requests that the Illinois

Environmental Protection Agency review and make payments for remediation costs under the Brownfield Site

Restoration Program. In this proposal, applicants must first obtain an eligibility determination from the Department

of Commerce and Economic Opportunity (formerly known as the Department of Commerce and Community

Affairs) to be able to participate in the program. The Board has scheduled two hearings in this rulemaking.

Hearings in this rulemaking have been scheduled in Springfield on April 30, 2003 in Room 403, 600 S. Second

Street, and in Chicago on May 14, 2003, in the James R. Thompson Center Room 2-025, 100 W. Randolph Street.

As always, the public is encouraged to participate in the rulemaking process. Copies of all of rulemaking proposals

are available through the Clerk’s Office On-line on the Board’s Web site at www.ipcb.state.il.us. If you have any

questions about these or other pending rulemakings, please contact the Board’s Rulemaking Coordinator, Erin

Conley, at (217) 782-2471 or email at conleye@ipcb.state.il.us.

Thomas E. Johnson, Chairman

Environmental Register – March 2003

Inside This Issue:

APPELLATE UPDATE

Federal Update

United States Environmental Protection Agency Releases its Final Guidance on Completion of Corrective

Action Activities at RCRA Facilities

On February 25, 2003 (68 Fed. Reg. 8757), the United States Environmental Protection Agency (USEPA) issued its

final Guidance on Completion of Corrective Action Activities at RCRA Facilities.

The USEPA’s memorandum is intended to provide the USEPA Regions, states, tribes, the regulated community,

members of the public, and other stakeholders with guidance on significant issues related to completion of

corrective action activities at RCRA facilities. It provides guidance on when each type of completion determination

is appropriate. Additionally, the guidance discusses completion determinations for less than an entire facility.

Finally, it provides guidance on procedures for USEPA and the authorized States when making completion

determinations.

This guidance was issued February 13, 2003.

For more detailed information on specific aspects of the guidance document, contact Barbara Foster, Office of Solid

Waste 5303W, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460,

(703-308-7057), foster.barbara@epa.gov or Peter Neves, Office of Site Remediation Enforcement 2273A, U.S.

Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460 (202-564-6072)

neves.peter@epa.gov.

United States Environmental Protection Agency Adopts Modification of the Clean Water Act’s National

Pollutant Discharge Elimination System (NPDES) Permit Deadline for Storm Water Discharges for Oil and

Gas Construction Activity That Disturb One to Five Acres of Land

On March 10, 2003 (68 Fed. Reg. 11325), the United States Environmental Protection Agency (USEPA) adopted

amendments to the National Pollutant Discharge Elimination System (NPDES) storm water permit regulations.

These amendments postpone until March 10, 2005 the requirement to obtain an NPDES storm water permit for oil

and gas construction activity that disturbs one to five acres of land.

The final rule changes requirements adopted on December 8, 1999 (64 FR 68722) that expanded the then-existing

NPDES permitting program to require permits by March 10, 2003 for, among other things, construction sites that

disturb one to five acres. As part of that rulemaking, USEPA assumed that few, if any, oil and gas exploration,

production, processing, or treatment operations or transmission facilities would be affected by the rule. Since rule

promulgation, USEPA stated that it has become aware that close to 30,000 oil and gas sites per year may be affected

by the December 8, 1999 storm water regulations. The two-year postponement of the deadline from March 10,

2003, to March 10, 2005, is intended to allow time for USEPA to analyze and better evaluate: 1) the impact of the

permit requirements on the oil and gas industry; 2) the appropriate best management practices for preventing

contamination of storm water runoff resulting from construction associated with oil and gas exploration, production,

Environmental Register – March 2003

processing, or treatment operations or transmission facilities; and 3) the scope and effect of 33 U.S.C. 1342 (l)(2)

and other storm water provisions of the Clean Water Act.

The final regulation is effective on March 10, 2003.

The administrative record is available for inspection and copying at the Water Docket, located at the EPA Docket

Center in the basement of the EPA West Building, Room B-102, at 1301 Constitution Ave., NW., Washington, DC.

For further information contact: Wendy Bell, Office of Wastewater Management, Office of Water, Environmental

Protection Agency, at (202) 564-0746 or e-mail: bell.wendy@epa.gov.

The Board would anticipate that the Illinois Environmental Protection Agency (IEPA) will determine, as part of the

triennial review of the state’s water rules required by the Clean Water Act, whether any amendments to the state’s

water rules are necessary as a result of this action. If so, the Board would expect to receive a regulatory proposal

from the IEPA under Section 27 or 28.2 of the Environmental Protection Act (415 ILCS 5/27, 28.2 (2002)).

United States Environmental Protection Agency Adopts Amendments to the Prevention of Significant

Deterioration Regulations Under the Clean Air Act

On March 10, 2003 (68 Fed. Reg 11316), the United States Environmental Protection Agency (USEPA) adopted

revisions to the implementation plans for the Prevention of Significant Deterioration (PSD) regulations.

The adopted rule revises the applicable implementation plans concerning the PSD program mandated by part C of

title I of the Clean Air Act (CAA). These revisions incorporate newly promulgated paragraphs of the Federal PSD

rule (adopted on December 31, 2002 at 67 Fed. Reg. 80185) into the federal implementation plan portion of a State's

implementation plan where the State does not have an approved PSD State Implementation Plan (SIP) in place.

(Illinois has an approved PSD SIP, and delegated authority to implement this program.)

Specifically, the revisions incorporate new applicability provisions in the Federal PSD rules for baseline emissions

determination, actual-to-projected-actual methodology, plantwide applicability limitations (PAL's), clean units, and

pollution control projects (PCP's). The changes are intended to ensure comprehensive and consistent

implementation of the Federal PSD program by State, local, and tribal agencies where USEPA has determined that

they have the responsibility to implement the Federal PSD program.

This final rule is effective on March 3, 2003.

For further information contact Ms. Lynn Hutchinson, Information Transfer and Program Integration Division

(C339-03), U.S. EPA Office of Air Quality Planning and Standards, Research Triangle Park, North Carolina 27711,

telephone number (919) 541-5795, facsimile number (919) 541-5509, email address: hutchinson.lynn@epa.gov.

Because this rule only affects those states without USEPA delegate authority to implement the PSD program, the

Board anticipates that no changes will be necessary to its regulations as a result of this action.

United States Environmental Protection Agency Withdraws Regulations Scheduled to Implement Portions of

the Total Maximum Daily Loads Program Under the Clean Water Act

On March 19, 2003 (68 Fed. Reg. 13607), the United States Environmental Protection Agency (USEPA) withdrew

the final rule entitled “Revisions to the Water Quality Planning and Management Regulation and Revisions to the

National Pollutant Discharge Elimination System Program in Support of Revisions to the Water Quality Planning

and Management Regulation” (the July 2000 rule) (65 Fed. Reg. 43585, July 13, 2000). The July 2000 rule,

scheduled to take effect on April 30, 2003, was withdrawn effective April 18, 2003.

The July 2000 rule amended 40 CFR parts 9, 122, 123, 124 and 130. It amended and clarified existing regulations

implementing a section of the Clean Water Act (CWA) that requires States to identify waters that are not meeting

Environmental Register – March 2003

applicable water quality standards and to establish pollutant budgets, called Total Maximum Daily Loads (TMDLs),

to restore the quality of those waters. The July 2000 rule also amended USEPA's National Pollutant Discharge

Elimination System (NPDES) regulations to include provisions addressing implementation of TMDLs through

USEPA withdrew the July 2000 rule, rather than allow it to go into effect, because USEPA believes that significant

changes would need to be made to the July 2000 rule before it could represent a workable framework for an

efficient and effective TMDL program. Furthermore, USEPA stated that it needs additional time beyond April 30,

2003, to decide whether and how to revise the currently-effective regulations implementing the TMDL program in a

way that will best achieve the goals of the CWA.

USEPA does not expect its withdrawal of the July 2000 rule to impede ongoing implementation of the existing

TMDL program. USEPA regulations promulgated in 1985 and amended in 1992 remain in effect for the TMDL

program. USEPA stated that it has been working steadily to identify regulatory and nonregulatory options to

improve the TMDL program and is reviewing its ongoing implementation of the existing program with a view

toward continuous improvement and possible regulatory changes in light of stakeholder input and

recommendations.

The complete record for the final rule, Docket ID No. OW-2002-0037, is available for public viewing at the Water

Docket in the EPA Docket Center (EPA/DC), EPA West, Room B-102, 1301 Constitution Ave., NW., Washington,

For further information contact Francoise M. Brasier, U.S. EPA Office of Wetlands, Oceans and Watersheds

(4503T), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, phone

(202) 566-2385.

The Board would anticipate that the Illinois Environmental Protection Agency (IEPA) will determine, as part of the

triennial review of the state’s water rules required by the Clean Water Act, whether any amendments to the state’s

water rules are necessary as a result of this action. If so, the Board would expect to receive a regulatory proposal

from the IEPA under Section 27 or 28.2 of the Environmental Protection Act (415 ILCS 5/27, 28.2 (2002)).

Appellate Update

Second District Reverses Board In Illinois Environmental Protection Agency v. Marshall Pekarsky and

Illinois Pollution Control Board, No. 2-02-0281 (March 18, 2003) (AC 01-37)

March 18, 2003 unpublished order under Supreme Court Rule 23 (155 Ill.2d R. 23), in Illinois Environmental

Protection Agency v. Marshall Pekarsky and Illinois Pollution Control Board, No. 2-02-0281 (March 18, 2003), the

Second District Appellate Court reversed the Board’s dismissal of an administrative citation, and remanded the case

to the Board for additional proceedings. Under the specific facts in that case, the court found that the Illinois

Environmental Protection Agency (IEPA) was not estopped from issuing the administrative citation to Marshall

Pekarsky. IEPA v. Marshall Pekarsky, AC 01-37 (February 7, 2002).

Respondent Pekarsky operates Kiswaukee Auto Parts near Rockford, Winnebago County. Among other things, the

business recycles cars for parts. The Board, in a 5-2 decision, held Pekarsky was not liable for an administrative

citation (AC) that alleged Pekarsky violated Section 21(p)(1)of the Illinois Environmental Protection Act (Act)--

open dumping resulting in litter. 415 ILCS 5/21(p)(1) (2002).

IEPA issued the AC several months after providing an AC "warning notice" to Pekarsky, which gave Pekarsky 90

days to voluntarily clean up the litter on the Kishwaukee Auto Parts site in Winnebago County. The Board found

that the warning notice was effectively a representation by IEPA that it would not issue an AC if Pekarsky cleaned

up within the 90 days. The Board concluded that, although there was open dumping resulting in litter, IEPA was

equitably estopped from issuing the AC because extreme winter weather precluded Pekarsky from cleaning up

during the 90-day "grace period". In other words, the Board found that Pekarsky was unfairly deprived of the 90-

Environmental Register – March 2003

day time period IEPA had in effect promised he would have to clean up. The Board therefore dismissed the AC.

IEPA appealed to the Second District.

The court reversed and remanded the Board's decision, finding that an essential element of equitable estoppel was

not present: "detrimental reliance" on the conduct of another (here, IEPA). The court determined that Pekarsky in

no way "detrimentally relied" on IEPA's warning notice because when Pekarsky received the warning, he was

already legally obligated under the Act to clean up. The court stated: "[E]ven before the warning notice was issued,

Pekarsky was under a legal duty to clean the site. ***Pekarsky was obligated to clean the site regardless of whether

he received the warning. ***Pekarsky was merely doing what the law already required of him. That the agency

gave him some additional time to achieve compliance prejudiced him in no way." IEPA's act of "forebearance . . .

could only serve to benefit Pekarsky, since he could have been cited immediately." (slip op. at 6-7). Consequently,

the court determined that the Board erred in giving the doctrine of equitable estoppel effect, and remanded the

action to the Board for further proceedings.

Second District Dismisses Appeal for Failure to Name Board As Party In Nordean and Susan Simon d/b/a

Berman’s Auto Parts v. Illinois Environmental Protection Agency, No. 2-02-1216 (January 27, 2003) (AC 02-

In its January 27, 2003 unpublished order under Supreme Court Rule 23 (155 Ill.2d R. 23), in Nordean and Susan

Simon d/b/a Berman’s Auto Parts v. Illinois Environmental Protection Agency, No. 2-02-1216 (January 27, 2003),

the Second District Appellate Court dismissed an appeal of the Board’s final order in an administrative citation, and

remanded the case to the Board for additional proceedings. The basis for the dismissal was the appellant’s failure to

name all necessary parties as required by Supreme Court Rule 335. 155 Ill.2d R. 335.

The Illinois Environmental Protection Agency (IEPA) issued the administrative citation to Nordean and Susan

Simon d/b/a Berman’s Auto Parts in July 2001. The IEPA charged the Simons with causing or allowing open

dumping at their Belvidere, Boone County property. After a hearing, the Board found in an interim order that the

Simons violated Section 21(p)(1) of the Environmental Protection Act (415 ILCS 5/21(p)(1) (2002). The Board

later entered a final order imposing the statutory $1,500 penalty and hearing costs incurred by the IEPA ($244) and

the Board ($576). See 415 ILCS 5/42(b)(4-5). IEPA v. Nordean and Susan Simon d/b/a Berman’s Auto Parts,

AC02-2 (orders of August 8, 2002 and September 19, 2002).

In their appeal, the Simons named only the IEPA as a respondent, omitting to name the Board. The court granted

the IEPA’s motion to dismiss the case, finding that it lacked jurisdiction to hear the appeal due to the Simons’

failure to name all necessary parties of record—the IEPA and the Board. The court stated that its January 27, 2003

order was final, and was to stand as the mandate of the court.

Rule Update

Board Adopts Proposal for Public Comment in RCRA Subtitle C Update, USEPA Amendments (July, 2002

through December 31 2002) (R03-18)

On March 20, 2003, the Board adopted a proposal for public comment in RCRA Subtitle C Update, USEPA

Amendments (July, 2002 through December 31 2002) (R03-18). The Board proposes to amend the Board’s

hazardous waste regulations that are “identical-in-substance” to hazardous waste regulations adopted by the United

States Environmental Protection Agency (USEPA). These USEPA rules implement Subtitle C of the federal

Resource Conservation and Recovery Act of 1976 (RCRA Subtitle C) (42 U.S.C. §§ 6921

. (2002)). This

rulemaking is based on federal amendments made by the USEPA during the period of July 1, 2002 through

December 31, 2002. The Board regulations involved in this proceeding are 35 Ill. Adm. Code 703, 720, 721, 726,

and 728. The proposal for public comment will be published in the

Illinois Register

on April 18, 2003 and the

Board will accept comments on the proposal for a period of 45 days after the publication. The Board anticipates

adoption of final rules based on this proposal in June 2003.

Environmental Register – March 2003

The Board’s proposal is based on federal actions that were published in the Federal Register on July 24, 2002 (67

Fed. Reg. 48393), October 7, 2002 (67 Fed. Reg. 62618), October 23, 2002 (67 Fed. Reg. 65220), October 29, 2002

(67 Fed. Reg. 65876), and December 19, 2002 (67 Fed. Reg. 77687). The Board has requested public comment on

its proposed handling in the Illinois rules of each of the federal actions summarized below.

The USEPA action of July 24, 2002 related to recycling hazardous secondary materials. The covered materials are

those used to make zinc fertilizer products. The amendments excluded the secondary materials from the definition

of solid waste and exclude the fertilizers made from these secondary materials from the definition of solid waste, so

long as certain contaminants in the fertilizer remain within specified limits. Exclusion from the definition of solid

waste excludes the secondary materials from hazardous waste regulation. USEPA intended the rule to allow the use

of zinc-rich dusts from brass foundries and fabricators as substitutes for other feedstocks. The federal amendments

further removed the former exemption from 40 CFR 268.40(i) of the federal land disposal restrictions. USEPA had

adopted this as a temporary measure on August 31, 1998 (63 Fed. Reg. 46331) to stay the Phase IV land disposal

restrictions (LDRs) as they apply to zinc-containing fertilizers until USEPA developed the more comprehensive set

of regulations for the use of hazardous waste in making fertilizers.

The USEPA action of October 7, 2002 related to land disposal of radioactively contaminated batteries. On a

petition from the federal Department of Energy, USEPA granted a national treatability variance for the

contaminated cadmium-, mercury-, and silver-containing batteries by designating new treatments for the batteries.

USEPA designated macroencapsulation in accordance with the rules applicable to hazardous debris as treatment

prior to land disposal of the three types of radioactively contaminated batteries.

The USEPA actions of October 23, 2002 and October 29, 2002 (67 Fed. Reg. 65876) related to the Clean Water Act

methods for analysis of contaminants in water and waste. Additionally, the action of October 23, 2002 also related

to methods for analysis of contaminants in drinking water under the Safe Drinking Water Act. This action was a

general update of the various methods for analysis of chemical, microbiological, and radiological contaminants in

The USEPA action of December 19, 2002 related to the hazardous waste combustor rule by making various

technical corrections to the rules.

In addition to the federal actions, a recent public inquiry has raised the issue whether the Board should update the

incorporation of a certain federal guidance document by reference into the Illinois hazardous waste regulations. The

federal guidance involved relates to delisting hazardous waste, and USEPA has issued an updated version of the

guidance since the Board incorporated it into the Illinois rules.

The Illinois regulations at 702.122(a)(2), (c)(2), (e)(2), and the Board note to subsection (l) require the use of the

1993 USEPA guidance document “Petitions to Delist Hazardous Wastes — A Guidance Manual, Second Edition.”

As a result of follow up to a public inquiry as to what guidance the Board requires, the Board has learned that

USEPA Region 5, which monitors State administration of the Illinois hazardous waste program, is using a different

guidance than that required by the Board. It appears that all USEPA regions, including Region 5, are using

guidance developed and released in March 2000 by USEPA Region 6. This newer guidance document is entitled

“EPA RCRA Delisting Program--Guidance Manual for the Petitioner.” Investigation further disclosed that the

Region 6 guidance is currently under revision, and USEPA anticipates the release of updated guidance in about a

year. The updated guidance may be issued by USEPA headquarters or jointly by the several USEPA regions.

For the purposes of this proposal for public comment, the Board has continued to treat the guidance as a mandatory

part of the delisting process. The Board proposes to update the federal guidance reference from the 1993 document

to the 2000 document in the incorporation by reference in Section 720.111(a) and the references to the guidance in

Sections 720.122(a)(2), (c)(2), (e)(2), and the Board note to subsection (l).

Sections 7.2 and 22.4(a) provide for quick adoption of regulations that are identical in substance to federal

regulations that USEPA adopts to implement Sections 3001 through 3005 of RCRA (42 U.S.C. §§ 6921-6925

(2002)). Section 22.4(a) also provides that Title VII of the Act and Section 5 of the Administrative Procedure Act

(APA) (5 ILCS 100/5-35 and 5-40 (2002)) do not apply to the Board’s adoption of identical-in-substance

Environmental Register – March 2003

regulations. The federal RCRA Subtitle C regulations are found at 40 C.F.R. 260 through 266, 268, 270, 271, 273,

For additional information contact Michael J. McCambridge at 312-814-6924; e-mail address

mccambm@ipcb.state.il.us.

Board Actions

March 6, 2003

Via Video Conference Between

Springfield and Chicago, Illinois

Adjusted Standards

In the Matter of: Petition of Exelon Generation Company for an Adjusted

Standard from 35 Ill. Adm. Code 302.208 – The Board accepted for hearing this

Will County facility’s amended petition for an adjusted standard from the

Board’s water pollution control regulations.

In the Matter of: Petition of Metropolitan Water Reclamation District of Greater

Chicago for an Adjusted Standard from 35 Ill. Adm. Code 811, 812, and 817,

and Modification of AS 95-4 (Sludge Application) – The Board accepted this

Cook County facility’s petition for an adjusted standard, granting the motion to

incorporate documents by reference.

Administrative Citations

County of Jackson v. James Qualls – The Board granted complainant’s motion to

correct its February 6, 2003 opinion and order in this matter by listing the County

of Jackson as respondent to which penalties are payable.

IEPA v. Paul Rider – The Board granted complainant’s motion for voluntary

dismissal of this administrative citation involving a McLean County facility.

IEPA v. Terry Stanley – The Board found that this Marshall County respondent

violated Section 21(p)(1) and (7) of the Act (415 ILCS 5/21(p)(1), (7) (2002))

and ordered respondent to pay a civil penalty of $3,000.

IEPA v. Village of Metamora – The Board found that this Woodford County

respondent violated Section 21(p)(1) and (7) of the Act (415 ILCS 5/21(p)(1), (7)

(2002)) and ordered respondent to pay a civil penalty of $3,000.

Environmental Register – March 2003

IEPA v. Jerry Summers – The Board found that this Fayette County respondent

violated Section 21(p)(1) and (7) of the Act (415 ILCS 5/21(p)(1), (7) (2002))

and ordered respondent to pay a civil penalty of $3,000.

IEPA v. Harley Lafary d/b/a Lafary Construction, Harris Lafary and Larry

Payne, Sr. – The Board found that these McDonough County respondents

violated Section 21(p)(1), (3), and (7) of the Act (415 ILCS 5/21(p)(1), (3), (7)

(2002)) and ordered respondents to pay a civil penalty of $4,500.

IEPA v. Manzell Lawson, Sr. – The Board granted complainant’s motion for

voluntary dismissal of this administrative citation involving a Peoria County

Donald McCarrell and Ann McCarrell v. Air Distribution Associates, Inc. – The

Board found that respondent violated Section 21(a) of the Illinois Environmental

Protection Act (415 ILCS 5/21(a) (2000)) and 35 Ill. Adm. Code 900.102. The

Board ordered respondent to reimburse the complainants $37,261.81 for costs

incurred in the clean up of trichloroethane and other contaminants.

People of the State of Illinois v. Mano Negra Wrecking Corporation f/k/a Mano

Negra Corporation and Fernando O. Zamora, individually and as president of

Mano Negra Wrecking Corporation – In this air enforcement action concerning

two Cook County facilities, the Board granted relief from the hearing

requirement of Section 31(c)(1) of the Environmental Protection Act (415 ILCS

5/31(c)(1) (2002)), accepted a final stipulation and settlement agreement, and

ordered the respondents to pay a total civil penalty of $25,000, and to cease and

desist from further violations.

People of the State of Illinois v. Union Pacific Railroad – In this air enforcement

action concerning a site in Randolph County, the Board granted relief from the

hearing requirement of Section 31(c)(1) of the Environmental Protection Act

(415 ILCS 5/31(c)(1) (2002)), accepted a final stipulation and settlement

agreement, and ordered the respondent to pay a total civil penalty of $50,000,

and to cease and desist from further violations.

People of the State of Illinois v. National Container Services – In this air

enforcement action concerning a Cook 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) (2002)), accepted a final stipulation and

settlement agreement, and ordered the respondent to pay a total civil penalty of

$40,000, and to cease and desist from further violations.

Environmental Register – March 2003

People of the State of Illinois v. Village of Keensburg and David Dallas d/b/a

Dallas Consulting, Engineering-Surveying – In this water enforcement action

concerning a Wabash 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) (2002)), accepted a final stipulation and settlement agreement, and

ordered the Village of Keensburg to pay $500 and David Dallas, d/b/a Dallas

Consulting, Engineering-Surveying $5,000, for a total civil penalty of $5,500,

and to cease and desist from further violations.

Motions and Other Matters

Gere Properties, Inc. v. Jackson County Board and Southern Illinois Regional

Landfill, Inc. – Following remand of a motion to supplement the record on

appeal, the Board granted the motion. The Board directed the Clerk of the Board

to certify and transmit to the court the supplemental record.

Clinton County Oil Company, Inc. v. IEPA – The Board accepted for hearing

this underground storage tank appeal involving a Madison County facility.

Thornton Oil Corporation #17 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 DuPage County facility.

Chrisman Farm Center v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving an Edgar County facility.

Carter Convenience Store v. IEPA – Having previously granted a request for a

90-day extension, the Board dismissed this matter because no underground

storage tank appeal was filed on behalf of this White County facility.

Lone Star Industries, Inc. v. IEPA – The Board denied respondent’s motion to

dismiss and directed respondent to expeditiously file the entire record of the

Clean Air Act Permit Program permit application with the Board.

David B. Haworth v. Coresaw Log & Lumber, Inc. – The Board found that the

alleged violations in the complaint were neither duplicative nor frivolous and

accepted for hearing this matter involving a Marshall County facility.

The City of Kankakee v. County of Kankakee, Kankakee County Board, and

Waste Management of Illinois, Inc. – The Board accepted for hearing this third-

party pollution control facility siting appeal involving a Kankakee County

facility and on its own motion consolidated this matter with PCB 03-133, PCB

03-134, and PCB 03-135.

Environmental Register – March 2003

Mick’s Garage 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 Madison

County facility.

Brunner Brothers 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

Tazewell County facility.

People of the State of Illinois v. Robert Hamm d/b/a Three R’s Pier Builders –

The Board accepted for hearing this public water supply enforcement action

involving a Lake County facility.

Keller Oil (May 1, 2000 – August 31, 2001) 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 Coles County facility.

Keller Oil (July 1, 2000 – March 31, 2001) 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 Coles County facility.

Keller Oil (July 1, 2001 – March 31, 2002) 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 Coles County facility.

Dickey 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

Clay County facility.

Merlin Karlock v. County of Kankakee, Kankakee County Board, and Waste

Management of Illinois, Inc. – The Board accepted for hearing this third-party

pollution control facility siting appeal involving a Kankakee County facility and

on its own motion consolidated this matter with PCB 03-125, PCB 03-134, and

Environmental Register – March 2003

Michael Watson v. County Board of Kankakee County, Illinois and Waste

Management of Illinois, Inc. – The Board accepted for hearing this third-party

pollution control facility siting appeal involving a Kankakee County facility and

on its own motion consolidated this matter with PCB 03-125, PCB 03-133, and

Keith Runyon v. County of Kankakee, Kankakee County Board, and Waste

Management of Illinois, Inc. – The Board accepted for hearing this third-party

pollution control facility siting appeal involving a Kankakee County facility and

on its own motion consolidated this matter with PCB 03-125, PCB 03-133, and

Keller Oil (October 1, 1999 – July 1, 2000) 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 Coles County facility.

Keller Oil (July 1, 2000 – March 31, 2001) 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 Coles County facility.

March 20, 2003

Chicago, Illinois

Rulemakings

In the Matter of: RCRA Subtitle C Update, USEPA Amendments (July 1, 2002

through December 31, 2002) – The Board adopted a proposal for public

comment in this “identical-in-substance” rulemaking to amend the Board’s

hazardous waste regulations.

Adjusted Standards

In the Matter of: Petition of the Ensign-Bickford Company for an Adjusted

Standard from 35 Ill. Adm. Code 237.103 –– The Board granted this Union

County petitioner a 10 year adjusted standard, with conditions from 35 Ill. Adm.

Code 237.102. This will allow for open burning and flashing of explosive waste

at its Wolf Lake facility. The adjusted standard will begin on June 20, 2003,

consistent with the Board’s opinion and order in the prior variance, Ensign-

Bickford Company v. IEPA, PCB 02-159 (June 20, 2002).

Environmental Register – March 2003

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. – Having previously

found that these McHenry County respondents had violated Section 12(a) of the

Act (415 ILCS 5/12(a) (2002)), the Board found that respondents were jointly

and severally liable for the Illinois Environmental Protection Agency’s

remediation costs in the amount of $86, 652.50 in addition to a total civil penalty

UAP Richter Co, (McDonough County) v. IEPA – The Board affirmed the

Illinois Environmental Protection Agency's decision to deny tax certification

status for an L-shaped structure, finding it was not a pollution control facility for

the purpose of preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2002)).

Provisional Variances

City of Auburn v. IEPA – Upon receipt of an Illinois Environmental Protection

Agency recommendation, the Board granted this Sangamon County facility a 45-

day provisional variance, subject to conditions, from the total suspended solids

and carbonaceous biochemical oxygen demand requirements of National

Pollution Discharge Elimination System permit number IL0022403.

Motions and Other Matters

People of the State of Illinois v. Skokie Valley Asphalt, Co. Inc., Edwin L.

Frederick, Jr. individually and as owner and President of Skokie Valley Asphalt

Co., Inc. and Richard J. Frederick, Jr. individually and as owner and President of

Skokie Valley Asphalt Co., Inc. – The Board denied complainant’s motion to

deem facts admitted, and for summary judgment.

Illinois State Toll Highway Authority v. IEPA – The Board granted petitioner’s

motion for voluntary dismissal of these resolved underground storage tank

appeals (PCB 98-115, PCB 99-56, PCB 00-51, PCB 00-52, and PCB 00-89). The

action in PCB 98-136 remains open.

People of the State of Illinois v. Joe Decicco Demolition, Inc. – The Board

granted complainant’s motion to waive hearing on the issue of remedy, issued a

final order finding air violations as alleged, and closed this docket involving a

Cook County facility.

People of the State of Illinois v. David Cohen d/b/a Dave’s Auto Repair and

Service – Upon receipt of a proposed stipulation and settlement agreement and

an agreed motion to request relief from the hearing requirement in this

Environmental Register – March 2003

underground storage tank enforcement action involving a Lake County facility,

the Board ordered publication of the required newspaper notice.

People of the State of Illinois v. Indiana Harbor Belt Railroad Company and

ACN International, Inc. – Upon receipt of a proposed stipulation and settlement

agreement and an agreed motion to request relief from the hearing requirement in

this land enforcement action involving a Cook County facility, the Board ordered

publication of the required newspaper notice. The Board also granted

complainant’s motion to dismiss ACN International, Inc. and for leave to re-file

if complainant should so decide.

Case Corporation v. IEPA – The Board granted petitioner’s motion for voluntary

dismissal of this permit appeal involving a Rock Island County facility.

Brock Oil Company (Hoopeston) v. IEPA – The Board granted petitioner’s

motion to consolidate PCB 03-61 and PCB 03-62 for hearing.

Mac’s Conveniences Stores, L.L.C. v. IEPA – The Board granted petitioner’s

motion for voluntary dismissal of this underground storage tank appeal involving

a Rock Island County facility.

Biggs Brothers Service v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Madison County facility.

Herr Petroleum v. Illinois State Fire Marshal – The Board granted respondent’s

motion for summary judgment and affirmed the November 12, 2002

determination that this Knox County facility must pay a$100,000 deductible for

access to the Underground Storage Tank Fund.

Waste Management of Illinois, Inc. v. County Board of Kane County, Illinois –

The Board granted the Village of South Elgin’s petition for leave to file an

amicus curiae brief.

Village of South Elgin v. Waste Management of Illinois, Inc. – The Board denied

respondent’s motion to dismiss this complaint, found this complaint was neither

duplicative nor frivolous, and accepted the complaint for hearing.

Environmental Register – March 2003

Consumers Illinois Water Company (Vermilion County) v. IEPA – The Board

accepted for hearing this tax certification appeal involving a Vermilion County

National City Environmental L.L.C. and National City Recycling, L.L.C. (Log

No. 1999-134) v. IEPA – The Board accepted for hearing this permit appeal

involving a St. Clair County facility and granted the motions to consolidate this

matter with PCB 03-139 and PCB 03-140.

National City Environmental L.L.C. and National City Recycling, L.L.C. (Log

No. 1999-146) v. IEPA – The Board accepted for hearing this permit appeal

involving a St. Clair County facility and granted the motions to consolidate this

matter with PCB 03-138 and PCB 03-140.

National City Environmental L.L.C. and National City Recycling, L.L.C. (Log

No. 2002-182) v. IEPA - The Board accepted for hearing this permit appeal

involving a St. Clair County facility and granted the motions to consolidate this

matter with PCB 03-138 and PCB 03-139.

Russell Oil 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 Saline County

Henry Pratt Company v. IEPA – The Board granted this request for a 90-day

extension of time to file a permit appeal on behalf of this Kendall County facility.

Waste Management of Peoria 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

Tazewell County facility.

Waste Management of Illinois, Inc. v. Kankakee County Board – The Board

accepted for hearing this third-party pollution control facility siting appeal

involving a Kankakee County facility and on its own motion consolidated this

matter with PCB 03-125, PCB 03-133, PCB 03-134, and PCB 03-135.

R.W. Sheridan Oil Co., 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

McLean County facility.

North Shore Sanitary District v. IEPA – The Board accepted for hearing this

permit appeal involving a Lake County facility and granted the motion to stay

permit condition 1 of the construction permit granted on March 11, 2002 pending

outcome of this appeal.

Environmental Register – March 2003

People of the State of Illinois v. Westfield Homes of Illinois – The Board

accepted for hearing this water enforcement action involving a Lake County

Clark Retail Enterprises, 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.

Township of Putnam 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

Fulton County facility.

Dalee 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

Washington County facility.

Pete’s Marathon 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 Marion

County facility.

March 6, 2003 Board Meeting

The City of Kankakee v. County of Kankakee, Kankakee County Board, and Waste Management of Illinois,

Inc. – The Board accepted for hearing this third-party pollution control facility siting appeal involving a Kankakee

County facility and on its own motion consolidated this matter with PCB 03-133, PCB 03-134, and PCB 03-135.

Mick’s Garage 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 Madison County facility.

Brunner Brothers 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 Tazewell County facility.

People of the State of Illinois v. Robert Hamm d/b/a Three R’s Pier Builders – The Board accepted for

hearing this public water supply enforcement action involving a Lake County facility.

Keller Oil (May 1, 2000 – August 31, 2001) 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 Coles County facility.

Keller Oil (May 1, 2000 – August 31, 2001) 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 Coles County facility.

Keller Oil (May 1, 2000 – August 31, 2001) 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 Coles County facility.

Environmental Register – March 2003

Dickey 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 Clay County facility.

Merlin Karlock v. County of Kankakee, Kankakee County Board, and Waste Management of Illinois, Inc. –

The Board accepted for hearing this third-party pollution control facility siting appeal involving a Kankakee County

facility and on its own motion consolidated this matter with PCB 03-125, PCB 03-134, and PCB 03-135.

Michael Watson v. County Board of Kankakee County, Illinois and Waste Management of Illinois, Inc. –

The Board accepted for hearing this third-party pollution control facility siting appeal involving a Kankakee County

facility and on its own motion consolidated this matter with PCB 03-125, PCB 03-133, and PCB 03-135.

Keith Runyon v. County of Kankakee, Kankakee County Board, and Waste Management of Illinois, Inc. –

The Board accepted for hearing this third-party pollution control facility siting appeal involving a Kankakee County

facility and on its own motion consolidated this matter with PCB 03-125, PCB 03-133, and PCB 03-134.

Keller Oil (May 1, 2000 – August 31, 2001) 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 Coles County facility.

Keller Oil (May 1, 2000 – August 31, 2001) 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 Coles County facility.

March 20, 2003 Board Meeting

National City Environmental L.L.C. and National City Recycling, L.L.C. (Log No. 1999-134) v. IEPA –

The Board accepted for hearing this permit appeal involving a St. Clair County facility and granted the motions to

consolidate this matter with PCB 03-139 and PCB 03-140.

National City Environmental L.L.C. and National City Recycling, L.L.C. (Log No. 1999-146) v. IEPA –

The Board accepted for hearing this permit appeal involving a St. Clair County facility and granted the motions to

consolidate this matter with PCB 03-138 and PCB 03-140.

National City Environmental L.L.C. and National City Recycling, L.L.C. (Log No. 2002-182) v. IEPA - The

Board accepted for hearing this permit appeal involving a St. Clair County facility and granted the motions to

consolidate this matter with PCB 03-138 and PCB 03-139.

Russell Oil 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 Saline County facility.

Henry Pratt Company v. IEPA – The Board granted this request for a 90-day extension of time to file a

permit appeal on behalf of this Kendall County facility.

Waste Management of Peoria 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 Tazewell County facility.

Waste Management of Illinois, Inc. v. Kankakee County Board – The Board accepted for hearing this third-

party pollution control facility siting appeal involving a Kankakee County facility and on its own motion

consolidated this matter with PCB 03-125, PCB 03-133, PCB 03-134, and PCB 03-135.

R.W. Sheridan Oil Co., 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 McLean County facility.

North Shore Sanitary District v. IEPA – The Board accepted for hearing this permit appeal involving a Lake

County facility and granted the motion to stay permit condition 1 of the construction permit granted on March 11,

2002 pending outcome of this appeal.

People of the State of Illinois v. Westfield Homes of Illinois – The Board accepted for hearing this water

enforcement action involving a Lake County facility.

Clark Retail Enterprises, 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.

Environmental Register – March 2003

Township of Putnam 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 Fulton County facility.

Dalee 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 Washington County facility.

Pete’s Marathon 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 Marion County facility.

City of Auburn v. IEPA – Upon receipt of an Illinois Environmental Protection Agency recommendation,

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

suspended solids and carbonaceous biochemical oxygen demand requirements of National Pollution Discharge

Elimination System permit number IL0022403.

County of Macon v. Macon County Landfill 2 & 3 and Kevin Shaw and Jeffery London – The Board

accepted an administrative citation against these Macon

County respondents.

County of Montgomery v. Robert Scott – The Board accepted an administrative citation against this

County respondent.

City of Chicago Department of Environment

City Wide Disposal Inc.,

James R. Thompson Center

Hearing Room 11-512

100 West Randolph Street

ILLINOIS POLLUTION

CONTROL BOARD MEETING

VIDEOCONFERENCE—Chicago/Springfield

James R. Thompson Center

Hearing Room 11-512

100 West Randolph St./Chicago

Hearing Room 403

600 South Second St./Springfield

In the Matter of: Proposed Amendments to:

Public Participation Rules in 35 Ill. Adm.

Code Part 309 NPDES Permits and

Permitting Procedures

James R. Thompson Center

Conference Room 9-040

100 West Randolph Street

ILLINOIS POLLUTION

CONTROL BOARD MEETING

James R. Thompson Center

Conference Room 9-040

100 West Randolph Street

In the Matter of: Proposed Amendments to:

Public Participation Rules in 35 Ill. Adm.

Code Part 309 NPDES Permits and

Permitting Procedures

Conference Room 403

600 South Second Street

ILLINOIS POLLUTION

CONTROL BOARD MEETING

VIDEOCONFERENCE—Chicago/Springfield

James R. Thompson Center

Hearing Room 11-512

100 West Randolph St./Chicago

Hearing Room 403

600 South Second St./Springfield

In the Matter of: Site Specific Rule for City

of Effingham Treatment Plant Fluoride

Discharge, 35 Ill.

Adm. Code 304.233.

201 East Jefferson, City Hall Council

Environmental Register – March 2003

Waste Management of Illinois, Inc., v.

County Board of Kane County

Kane County Courthouse, Room 240

100 South Third Street

Waste Management of Illinois, Inc., v.

County Board of Kane County

Kane County Courthouse, Room 240

100 South Third Street

ILLINOIS POLLUTION

CONTROL BOARD MEETING

James R. Thompson Center

Conference Room 9-031

100 West Randolph Street

In the Matter of: Brownfields Site

Restoration Program; Amendments

to 35 Ill. Adm. Code 740

Illinois Pollution Control Board

600 S. Second St., Suite 402

In the Matter of: Brownfields Site

Restoration Program; Amendments

to 35 ILL Adm. Code 740

Illinois Pollution Control Board

600 S. Second St., Suite 402

ILLINOIS POLLUTION

CONTROL BOARD MEETING

Hearing Room 403

600 South Second St.

Springfield

In the Matter of: Noise Rule Update:

Amendments to 35 Ill.

Illinois Pollution Control Board

600 South Second Street, Suite 402

In the Matter of: Brownfields Site

Restoration Program; Amendments

to 35 Ill. Adm. Code 740

James R. Thompson Center

100 W. Randolph St., Room 2-025

In the Matter of: Noise Rule Update:

Amendments to 35 Ill.

James R. Thompson Center

100 West Randolph, Room 9-040

ILLINOIS POLLUTION

CONTROL BOARD MEETING

James R. Thompson Center

Conference Room 9-040

100 West Randolph Street

ILLINOIS POLLUTION

CONTROL BOARD MEETING

VIDEOCONFERENCE Chicago/Springfield

James R. Thompson Center

Hearing Room 11-512

100 West Randolph St./Chicago

Hearing Room 403

600 South Second St./Springfield

ILLINOIS POLLUTION

CONTROL BOARD MEETING

James R. Thompson Center

Conference Room 9-040

100 West Randolph Street

------------------------------------------------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

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