Thomas E. Johnson, Chairman
Board Members:
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) 814-3620
(312) 814-6032 TDD
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
(217) 524-8500
Web Site: http://www.ipcb.state.il.us
Letter from the Chairman
The Illinois Pollution Control Board is constantly reviewing its practices and
procedures to ensure that they are user-friendly and to promote public accessibility
to
the Board. To that end, the Board has opened two rulemakings to accommodate
new provisions for electronic filing and recent changes to the Environmental
Protection Act (Act).
On August 21, 2003, the Board opened the rulemaking entitled Amendments to the
Board’s Procedural Rules: 35 Ill. Adm. Code 101-130 (R04-8). This docket
includes amendments proposed in the now closed docket R03-10 that addressed
electronic filing through the Board’s new Clerk’s Office On-Line (COOL) and
those necessitated by new legislation. Public Act 93-152, effective July 10, 2003,
amended the Act so that, among other things, the Board may accept settlements in
citizen enforcement actions without a public hearing. The new law also provides a new rulemaking procedure for
updating incorporations by reference. The Board will address all needed procedural rule amendments at one time in
docket, R04-8, rather than opening multiple dockets and having new procedural rules taking effect on different
dates. The Board incorporated the R03-10 docket into R04-8.
Also on August 21, 2003, the Board opened the rulemaking entitled Amendments to the Board’s Administrative
Rules: 2 Ill. Adm. Code 2175, in which the Board will propose amendments to its administrative rules primarily to
accommodate the payment of filing fees when filing electronically through COOL.
Additionally, the Board recently created an e-mail subscription service for the
Environmental Register
. Many of
you are already taking advantage of this service, and the Board expects and encourages many more of you to sign
up.
As the Board moves to improve its public accessibility, the hard work of the information technology (IT) staff is
readily apparent. Recently, when conducting an internet search using the Google search engine, the Illinois
Pollution Control Board’s Website was displayed first in the search results. This placement is, in part, due to the
content of the Board’s Website—including COOL and Rulemakings Pending areas. The Board appreciates the
dedication and hard work of its IT, Clerk’s Office, rulemaking and public information staff.
Sincerely,
Thomas E. Johnson, Chairman
Environmental Register – August 2003
Inside This Issue:
FEDERAL UPDATE
P. 1
RULE UPDATE
P. 3
BOARD ACTIONS
P. 4
NEW CASES
P. 12
BOARD CALENDAR
P. 13
CLASS III GROUNDWATER LISTING DESIGNATION
P. 15
Federal Update
United States Environmental Protection Agency Proposes Amendments to the National Primary Drinking
Water Regulations Under the Safe Drinking Water Act
On August 11, 2003 (68 Fed. Reg. 47639), the United States Environmental Protection Agency (USEPA) proposed
amendments to the National Primary Drinking Water Regulations’ Long Term 2 Enhanced Surface Water
Treatment Rule. The rules will apply to all public water supplies (PWSs) that use surface water sources. They will
require the use of specified treatment techniques, along with monitoring, reporting, and public notification
requirements.
The purposes of the Long Term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR) are to improve control of
microbial pathogens, including specifically the protozoan
Cryptosporidium
, in drinking water and to address risk-
risk trade-offs with the control of disinfection byproducts. Key provisions in the proposed LT2ESWTR include: (1)
source water monitoring for
Cryptosporidium
, with reduced monitoring requirements for small systems; (2)
additional
Cryptosporidium
treatm
ent for filtered systems based on source water
Cryptosporidium
concentrations;
(3) inactivation of
Cryptosporidium
by all unfiltered systems; (4) disinfection profiling and benchmarking to ensure
continued levels of microbial protection while PWSs take the necessary steps to comply with new disinfection
byproduct standards; (5) covering, treating, or implementing a risk management plan for uncovered finished water
storage facilities; and (6) criteria for a number of treatment and management options (i.e., the microbial toolbox)
that PWSs may implement to meet additional
Cryptosporidium
treatment requirements.
The LT2ESWTR will build upon the treatment technique requirements of the Interim Enhanced Surface Water
Treatment Rule and the Long Term 1 Enhanced Surface Water Treatment Rule. USEPA believes that
implementation of the LT2ESWTR will significantly reduce levels of
Cryptosporidium
in finished drinking water.
This will substantially lower rates of endemic cryptosporidiosis, the illness caused by
Cryptosporidium
, which can
be severe and sometimes fatal in sensitive subpopulations (e.g., AIDS patients and the elderly). In addition, the
treatment technique requirements of this proposal are expected to increase the level of protection from exposure to
other microbial pathogens (e.g.,
Giardia lamblia
).
Comment on the proposal must be received by November 10, 2003 and should be sent to: Water Docket,
Environmental Protection Agency, Mail Code 4101T, 1200 Pennsylvania Ave., NW., Washington, DC 20460,
Attention Docket ID No. OW-2002-0039.
For technical inquiries, contact Daniel Schmelling, Office of Ground Water and Drinking Water (MC 4607M), U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone (202) 564-
5281. For regulatory inquiries, contact Jennifer McLain at the same address; telephone (202) 564-5248. For
general information contact the Safe Drinking Water Hotline, Telephone (800) 426-4791. The Safe Drinking Water
Hotline is open Monday through Friday, excluding legal holidays, from 9 a.m. to 5:30 p.m. Eastern Time.
1
Environmental Register – August 2003
The Board will include any necessary amendments to Board rules resulting from this federal action in a future
SDWA identical in substance rulemaking pursuant to Sections 7.2 and 17.5 of the Environmental Protection Act
(415 ILCS 5/7.2, 22.4 (2002)).
United States Environmental Protection Agency Proposes Amendments to the National Primary Drinking
Water Regulations Under the Safe Drinking Water Act
On August 18, 2003 (68 Fed. Reg. 49547), the United States Environmental Protection Agency (USEPA) proposed
amendments to the National Primary Drinking Water Regulations’ Stage 2 Disinfectants and Disinfection
Byproducts Rule.
In this rulemaking, the USEPA is proposing: (1) maximum contaminant level goals for chloroform,
monochloroacetic acid and trichloroacetic acid; (2) National Primary Drinking Water Regulations which consist of
maximum contaminant levels (MCLs) and monitoring, reporting, and public notification requirements for total
trihalomethanes; and (3) revisions to the reduced monitoring requirements for bromate. The USEPA has also
specified the best available technologies for the proposed MCLs.
Additionally, USEPA is proposing analytical methods for the determination of disinfectants and disinfection
byproducts (DBPs) in drinking water and proposing to extend approval of DBP methods for the determination of
additional chemical contaminants. This set of regulations is known as the Stage 2 Disinfectants and Disinfection
Byproducts Rule (Stage 2 DBPR). USEPA's objective for the Stage 2 DBPR is to reduce the potential risks of
reproductive and developmental health effects and cancer associated with DBPs by reducing peak and average
levels of DBPs in drinking water supplies. The Stage 2 DBPR applies to public water supplies that are community
water systems or nontransient noncommunity water supplies that add a primary or residual disinfectant other than
ultraviolet light or deliver water that has been treated with a primary or residual disinfectant other than ultraviolet
light.
Comments on this proposal must be received or post-marked by midnight November 17, 2003 and should be sent to:
Water Docket, Environmental Protection Agency, Mail Code 4101T, 1200 Pennsylvania Ave., NW., Washington,
DC 20460, Attention Docket ID No. OW-2002-0043.
For technical inquiries, contact Tom Grubbs, Office of Ground Water and Drinking Water (MC 4607M), U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone (202) 564-
5262. For regulatory inquiries, contact Jennifer McLain at the same address; telephone (202) 564-5248. For
general information contact the Safe Drinking Water Hotline, Telephone (800) 426-4791. The Safe Drinking Water
Hotline is open Monday through Friday, excluding legal holidays, from 9 a.m. to 5:30 p.m. Eastern Time.
The Board will include any necessary amendments to Board rules resulting from this federal action in a future
SDWA identical in substance rulemaking pursuant to Sections 7.2 and 17.5 of the Environmental Protection Act
(415 ILCS 5/7.2, 22.4 (2002)).
Unites States Environmental Protection Announces the Availability of its Draft Watershed-Based National
Pollutant Discharge Elimination System (NPDES) Permitting Implementation Guidance
On August 25, 2003 (68 Fed. Reg. 51011), the United States Environmental Protection Agency (USEPA)
announced the availability of its Draft Watershed-Based National Pollutant Discharge Elimination System (NPDES)
Permitting Implementation Guidance.
USEPA is making the draft guidance available to the public for a period of thirty days during which USEPA is
seeking comments on the document. The purpose of this guidance is to describe the concept of and the process for
watershed-based permitting under the NPDES permit program.
2
Environmental Register – August 2003
Watershed-based NPDES permitting is an approach to developing NPDES permits for multiple point sources
located within a defined geographic area (i.e., watershed boundaries). This approach, aimed at achieving new
efficiencies and environmental results, provides a process for considering all stressors within a hydrologically
defined drainage basin or other geographic area, rather than addressing individual pollutant sources on a discharge-
by-discharge basis. As outlined in the guidance, USEPA will continue to implement the NPDES program through
its existing statutory and regulatory authorities. The guidance cannot impose legally binding requirements on
USEPA, States, Tribes, or the regulated community, nor can it substitute for Clean Water Act requirements,
USEPA's regulations, or the obligations imposed by consent decrees or enforcement orders.
Public comments on the draft guidance must be received on or before September 24, 2003 and should be sent to:
Patrick Bradley, U.S. Environmental Protection Agency, EPA East Building (MC 4203M), 1200 Pennsylvania
Avenue, NW., Washington, DC 20460.
For further information contact Patrick Bradley, Telephone: (202) 564-0729. Facsimile Number: (202) 564-6392.
E-mail: bradley.patrick@epa.gov
Rule Update
Board Dismisses 4 Identical in Substance Rulemaking Dockets As Unnecessary: Exemptions from the
Definition of VOM Update, USEPA Regulations (January 1, 2003 through June 30, 2003), R04-2; UIC
Update, USEPA Regulations (January 1, 2003 through June 30, 2003), R04-4; RCRA Subtitle C Update,
USEPA Regulations (January 1, 2003 through June 30, 2003), R04-6;
UST Update, USEPA Regulations
(January 1, 2003 through June 30, 2003), R04-7
Every six months, the Board reserves a series of dockets for adoption of Board rules, to address any rules adopted
by the United States Environmental Protection Agency (USEPA) to implement various programs. On August 7,
2003, the Board dismissed as unnecessary four dockets reserved to consider any rules adopted by USEPA during
the period January 1, 2003 through June 30, 2003. In each of the four program areas described below, USEPA
adopted no rules during the update period.
VOM Program (R04-2)
. Section 9.1(e) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(e) (2002))
requires the Board to adopt regulations that are “identical in substance,” as defined at Section 7.2 of the Act (415
ILCS 5/7.2 (2002)), to exemptions from the definition of “volatile organic material” (VOM), those compounds that
the USEPA has found to be exempted from regulation under state implementation plans for ozone due to negligible
photochemical reactivity. USEPA has codified these exemptions as part of its definitions at 40 C.F.R. 51.100(s).
UIC Program (R04-4)
. Section 13(c) of the Environmental Protection Act (Act) (415 ILCS 5/13(c) (2002))
requires the Board to adopt regulations that are “identical in substance” to regulations of the USEPA. 415 ILCS
5/7.2 (2002). Specifically, Section 13(c) relates to underground injection control (UIC) regulations that USEPA
adopted to implement provisions of the Safe Drinking Water Act (42 U.S.C. § 300h
et seq
. (2000)). USEPA has
codified its UIC regulations at 40 C.F.R. 144 through 148.
RCRA, Subtitle C (Hazardous Waste Program) (R03-6)
. Sections 7.2 and 22.4(a) of the Environmental
Protection Act (415 ILCS 5/7.2 and 22.4(a) (2002)) require the Board to adopt regulations that are “identical in
substance” to hazardous waste regulations adopted by the 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
et seq
. (2000)).
UST Program (R04-7)
. Section 22.4(d) of the Environmental Protection Act (Act) (415 ILCS 5/22.4(d) (2002))
requires the Board to adopt regulations which are “identical in substance,” as defined at Section 7.2 of the Act (415
ILCS 5/7.2 (2002)), to underground storage tank (UST) regulations promulgated by the USEPA pursuant to Section
9003 of the federal Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C. § 6993 (2000), to
3
Environmental Register – August 2003
implement Subtitle I of RCRA (42 U.S.C. §§ 6991
et seq
. (2000)), with certain limitations. USEPA has codified its
UST regulations at 40 C.F.R. 281 through 283.
For additional information contact Mike McCambridge at 312/814-6924; e-mail address:
mccambm@ipcb.state.il.us.
Board Dismisses Outdated Procedural Rules Docket and Opens Two New Dockets to Amend its Procedural
and Administrative Regulations
On August 21, 2003, the Board dismissed one outdated docket dealing with its procedural rules Revision Of The
Board’s Procedural Rules: 35 Ill. Adm. Code 101-130 (R03-10) and opened two new dockets to amend its
procedural and administrative rules, Amendments To The Board’s Procedural Rules: 35 Ill. Adm. Code 101-130
(R04-08) and Amendments To The Board’s Administrative Rules: 2 Ill. Adm. Code 2175 (R03-09).
In its November 7, 2002 opinion and order in R03-10, the Board proposed amendments to its procedural rules to
accomplish two primary objectives: (1) to allow electronic filing in all Board proceedings through the Board’s new
Clerk’s Office On-Line or “COOL;” and (2) to reflect amendments to the Environmental Protection Act in P.A. 92-
574, effective June 26, 2002, and to the Administrative Procedure Act in P.A. 92-330, effective August 9, 2001.
However, more recent legislation makes additional changes necessary. Therefore, the Board closed outdated docket
R03-10. In a separate order, the Board opened a new docket, R04-8, to most efficiently meet these same objectives
and to adopt the necessary additional procedural rule amendments.
Additionally, the Board opened docket R04-09 to update its administrative rules. The administrative rules, last
amended in 1996, describe the Board’s organization, the types of Board proceedings, how to pay filing and
photocopy fees, and how the public may access information. Amendments to these rules are needed primarily (1) to
reflect recent statutory changes affecting the Board; (2) to accommodate filing fee payment when filing
electronically is allowed through the Board’s new Clerk’s Office On-Line or “COOL”; and (3) to update
information about the Board’s proceedings and offices.
The Board plans to proceed expeditiously to first-notice publication of the proposed procedural and administrative
rule amendments in the
Illinois Register
, which will start a 45-day period during which anyone may file public
comments with the Board.
For additional information contact Richard McGill at 312/814-6983; e-mail address: mcgillr@ipcb.state.il.us.
Board Actions
August 7, 2003
Via Teleconference
Chicago and Springfield, Illinois
Rulemakings
R04-2
In the Matter of: Exemptions from the Definition of VOM Update, USEPA
Regulations (January 1, 2003 through June 30, 2003 – The Board dismissed this
reserved identical-in-substance docket because the United States Environmental
Protection Agency did not amend its exemptions from the definition of volatile
organic material during the update period of January 1, 2003 through June 30,
2003.
7-0
R. Air
4
Environmental Register – August 2003
R04-4
In the Matter of: UIC Update, USEPA Regulations (January 1, 2003 through
June 30, 2003) – The Board dismissed this reserved identical-in-substance docket
because the United States Environmental Protection Agency did not amend its
underground injection control regulations during the update period of January 1,
2003 through June 30, 2003.
7-0
R, Land
R04-6
In the Matter of: RCRA Subtitle C Update, USEPA Regulations (January 1,
2003 through June 30, 2003) – The Board dismissed this reserved identical-in-
substance docket because the United States Environmental Protection Agency
did not amend its hazardous waste regulations during the update period of
January 1, 2003 through June 30, 2003.
7-0
R, Land
R04-7
In the Matter of: UST Update, USEPA Regulations (January 1, 2003 through
June 30, 2003) – The Board dismissed this reserved identical-in-substance docket
because the United States Environmental Protection Agency did not amend its
exemptions from the definition of underground storage tank during the update
period of January 1, 2003 through June 30, 2003.
7-0
R, Land
Adjusted Standards
AS 01-3
In the Matter of: Petition of DeKalb Sanitary District for an Adjusted Standard
from 35 Ill. Adm. Code 302.208(e) – The Board granted petitioner’s motion for
voluntary dismissal of this request for an adjusted standard involving a DeKalb
County facility.
7-0
Water
AS 03-5
In the Matter of: Petition of Cromwell-Phoenix, Inc. for an Adjusted Standard
from 35 Ill. Adm. Code Subpart F, Section 218.204(c) – The Board granted
petitioner’s motions for expedited review and transcripts.
7-0
Air
Decisions
PCB 95-180
People of the State of Illinois v. Archer Daniels Midland Company – In this air
enforcement action concerning a Macon 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 stipulation and
settlement agreement, and ordered the respondent to pay a total civil penalty of
$160,000 and to cease and desist from further violations.
7-0
A-E
PCB 97-33
People of the State of Illinois v. Archer Daniels Midland Company – In this air
enforcement action concerning a Peoria 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 stipulation and
settlement agreement, and ordered the respondent to pay a total civil penalty of
$80,000 and to cease and desist from further violations.
7-0
A-E
PCB 98-148
People of the State of Illinois v. Doren Poland, Lloyd Yoho, and Briggs
Industries, Inc. a/k/a Briggs Plumbing Products, Inc.; Briggs Industries, Inc.,
Third-Party Complainants v. Loren West and Abingdon Salvage Company, Inc.,
7-0
L-E
5
Environmental Register – August 2003
Third Party Respondents – The Board entered a final order finding respondent
Briggs liable for civil penalties in the amount of $25,000 and Poland and Yoho
liable for civil penalties in the amount of $5,000. The Board also ordered
respondents to remediate the unpermitted area by applying a final cover. This
order follows the Board's interim order of September 6, 2001, which found that
respondents violated Sections 21(a), (d), (e), and (p)(1) of the Environmental
Protection Act (415 ILCS 5/21(a), (d), (e), (p)(1) (2002)) and 35 Ill. Adm. Code
807.201, 807.202(a), 812.101 of the Board’s waste disposal regulations at a site
located in Knox County. The Board ordered that the third-party complaint be
remanded to the hearing officer for hearing.
PCB 99-92
People of the State of Illinois v. Hartz Construction Co., Inc. – In this land
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 stipulation and
settlement agreement, and ordered the respondent to pay a total civil penalty of
$31,500 and to cease and desist from further violations.
7-0
L-E
PCB 00-219
Stephen G. Brill v. Henry Latoria d/b/a TL Trucking Foodliner –The Board
entered a final order, which ordered respondent to implement physical and
operational noise reduction measures to eliminate the unreasonable noise
interferences. This order follows the Board's interim order of June 6, 2002,
which found that respondent violated Sections 9(a) and 24 of the Environmental
Protection Act (415 ILCS 5/9(a), 24 2002) and 35 Ill. Adm. Code 900.102 of the
Board’s regulations at a site located in Cook County.
7-0
Citizens
A&N-E
PCB 03-125
PCB 03-133
PCB 03-134
PCB 03-135
City of Kankakee v. County of Kankakee, County Board of Kankakee, and
Waste Management of Illinois, Inc.; Merlin Karlock v. County of Kankakee,
County Board of Kankakee, and Waste Management of Illinois, Inc.; Michael
Watson v. County of Kankakee, County Board of Kankakee, and Waste
Management of Illinois, Inc.; and Keith Runyon v. County of Kankakee, County
Board of Kankakee, and Waste Management, Inc. – The Board vacated the
Kankakee County Board’s (County Board) January 31, 2003 decision granting
an application for expansion of a pollution control facility owned and operated
by Waste Management of Illinois, Inc. for the facility located in Kankakee
County, Illinois. The Board found that the County Board lacked jurisdiction to
review the siting application.
7-0
P-C-F-S-R
Motions and Other Matters
PCB 97-9
People of the State of Illinois v. C&S Recycling, Inc., Flood Brothers Disposal
Company, Inc., William Flood, Individually and as Treasurer of C&S Recycling,
and Brian Flood, Individually and as President of C&S Recycling – 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.
7-0
L-E
PCB 98-169
Union Oil Company of California d/b/a Unocal v. Barge-Way Oil Company,
Inc., Gertrude Kellogg, Joseph Kellogg, DuPage Enterprises, Inc. d/b/a Dunn
7-0
L-E
6
Environmental Register – August 2003
Rent-A-Car, Jan P. Skladany, and Carl J. Skladany – The Board granted
complainant’s motion for voluntary dismissal of this citizen’s land enforcement
action involving a DuPage County facility.
PCB 99-187
Gina Pattermann v. Boughton Trucking and Materials, Inc. – The Board granted
respondent’s motion for discovery sanctions in part and denied the motion in
part. The Board bared Mr. Greg Zak’s testimony at hearing, but denied
respondent’s motion to bar any other witnesses, pleadings, or documents
pertaining to the subject matter of Mr. Zak’s proposed testimony. The Board
also denied respondent’s motion for attorney fees.
7-0
A&N-E
PCB 00-180
People of the State of Illinois v. Jacobs Energy Corporation – The Board granted
respondent’s motion for modification of its July 10, 2003 order.
7-0
A&L-E
PCB 01-121
Abed Nesheiwat and SAQ, Inc. (Tony’s Gas) v. IEPA – The Board ordered
petitioner to retain an attorney within 30 days, or this matter would be subject to
dismissal.
7-0
UST Appeal
PCB 02-115
People of the State of Illinois v. Blue Ridge Construction Corporation – The
Board granted complainant’s motion for partial summary judgment against
respondent. The Board found that respondent violated Sections 9(a), 12(d),
21(a), (e), (p)(1) and (p)(2) of the Environmental Protection Act (415 ILCS
5/9(a), 9(a), 12(d), 21(a), (e), (p)(1) and (p)(2) 2002), 35 Ill. Adm. Code 201.141
of the Board’s regulations, and 40 C.F.R. 61.145(a) and (b)(1) of the National
Emission Standards for Hazardous Air Pollutants. The Board directed the parties
to hearing as expeditiously as practicable on the specific issue of penalty.
7-0
A&W-E
PCB 02-164
Barbara and Ronald Stuart v. Franklin Fisher – The Board denied respondent’s
motion for site visit.
7-0
Citizens
N-E
PCB 03-144
Waste Management of Illinois, Inc. v. County Board of Kankakee County,
Illinois – The Board granted petitioner’s motion to dismiss this appeal of siting
conditions for a facility located in Kankakee County, Illinois.
7-0
P-C-F-S-R
PCB 03-200
Earl’s Marathon 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 Cook County facility.
7-0
UST Appeal
PCB 03-205
Jack’s 66 Service Station 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 Madison County facility.
7-0
UST Appeal
PCB 03-207
Silvestri Paving Company (September 11, 2002 to November 19, 2002) v. IEPA
– Having previously granted a request for a 90-day extension, the Board
7-0
UST Appeal
7
Environmental Register – August 2003
dismissed this matter because no underground storage tank appeal was filed on
behalf of this Cook County facility.
PCB 03-212
Wareco Service, Inc. v. IEPA – The Board accepted for hearing this underground
storage tank appeal involving a Knox County facility.
7-0
UST Appeal
PCB 03-213
Winslow Boco (Strata Geologic Services, Inc.) v. IEPA – The Board accepted
for hearing this underground storage tank appeal involving a Stephenson County
facility.
7-0
UST Appeal
PCB 03-221
Lowe Transfer, Inc. and Marshall Lowe v. County Board of McHenry County,
Illinois – The Board granted petitioners’ motion to strike, but denied petitioners’
motion for sanctions. In addition, the Board struck the Village of Cary’s motion
and the response to the motion to strike and request for sanctions. Finally, the
Board granted in part and denied petitioners’ motion
in limine
.
7-0
P-C-F-S-R
PCB 03-237
Estate of Olivia Tyberendt v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal involving a Clinton
County facility.
7-0
UST Appeal
PCB 04-13
People of the State of Illinois v. Intermatic Incorporated – The Board accepted
for hearing this air enforcement action involving a McHenry County facility.
7-0
A-E
PCB 04-14
McDonald’s Corporation v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Cook County facility.
7-0
UST Appeal
PCB 04-15
People of the State of Illinois v. Atkinson Grain & Fertilizer, Inc. – The Board
accepted for hearing this water enforcement action involving a Henry County
facility.
7-0
W-E
August 21, 2003
Chicago, Illinois
Rulemakings
R03-10
In the Matter of: Revision of the Board’s Procedural Rules: 35 Ill. Adm. Code
101-130 – The Board on its own motion dismissed this docket as unnecessary. In
a separate order, the Board opened a new docket, R04-8, to efficiently meet these
same objectives and to adopt additional procedural rule amendments, principally
those made necessary by more recent legislation. (see below)
7-0
R, Proc.
Rules
R04-8
In the Matter of: Amendments to the Board’s Procedural Rules: 35 Ill. Adm.
Code 101-130 – The Board on its own motion opened a new docket to propose
amendments to its procedural rules. Among other things, the amendments will
7-0
R, Proc.
Rules
8
Environmental Register – August 2003
allow electronic filing in all Board proceedings through the Board’s new Clerk’s
Office On-Line or “COOL,” and reflect recent statutory changes. A specific
proposal will be issued in the near future.
R04-9
In the Matter of: Amendments to the Board’s Administrative Rules: 2 Ill. Adm.
Code 2175 – The Board on its own motion opened a new docket to propose
amendments to its administrative rules at Part 2175 of Title 2 of the Illinois
Administrative Code. The administrative rules, last amended in 1996, describe
the Board’s organization, the types of Board proceedings, as well as how to pay
filing and photocopy fees, and how the public may access information.
Amendments to these rules are needed primarily (1) to reflect recent statutory
changes affecting the Board; (2) to accommodate filing fee payment when filing
electronically is allowed through the Board’s new Clerk’s Office On-Line or
“COOL”; and (3) to update information about the Board’s proceedings and
offices. A specific proposal will be issued in the near future.
7-0
R, Proc.
Rules
Administrative Citations
AC 02-4
IEPA v. Mound City – In response to a joint stipulation and settlement agreement
in this administrative citation action involving a Pulaski County facility, the
Board found respondent violated Section 21(p)(1) of the Environmental
Protection Act (Act) (415 ILCS 5/21(p)(1) (2002)) and ordered respondent to
pay a civil penalty of $3,000. The Board also granted the parties’ joint motions
to dismiss the alleged violation of Section 21(p)(3) of the Act (415 ILCS
5/21(p)(3) (2002)) and to dismiss respondent’s petition for review.
7-0
Motions and Other Matters
PCB 97-69
People of the State of Illinois v. Economy Plating, Inc. – The Board granted
complainant’s motion for summary judgment. The Board found respondent in
violation of Sections 415 ILCS 5/9(a), (b), and 9.1(d)(1) (2002) of the
Environmental Protection Act, and 35 Ill. Adm. Code 201.142, 201.143,
201.302, 201.144, 254.102(c), and 254.402 of the Board’s regulations. The
Board directed this matter to hearing as expeditiously as practicable on the
specific issues of the appropriate penalty amount, costs, and attorney fees.
7-0
A-E
PCB 02-77
People of the State of Illinois v. Millenium Recycling and Solid Waste
Consultants, Inc. – The Board ordered respondent to show cause why a default
order in this case should not be entered. Respondent has 14 days, or until
September 4, 2003, to respond to this order.
7-0
L-E
PCB 03-9
Piasa Motor Fuels, Inc. v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal involving a Madison
County facility.
7-0
UST Appeal
PCB 03-34
Barry Amoco, Inc. v. IEPA - The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal involving a Pike
County facility.
7-0
UST Appeal
PCB 03-36
D&R Service v. IEPA - The Board granted petitioner’s motion for voluntary
7-0
9
Environmental Register – August 2003
dismissal of this underground storage tank appeal involving a Randolph County
facility.
UST Appeal
PCB 03-37
Illinois Ayers Oil Company 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 Appeal
PCB 03-41
Newton Community High School v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank appeal involving
a Jasper County facility.
7-0
UST Appeal
PCB 03-44
Pioneer Oil Company v. IEPA - The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal involving a Christian
County facility.
7-0
UST Appeal
PCB 03-46
Mahr’s Sales & Service v. IEPA - The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal involving a Fulton
County facility.
7-0
UST Appeal
PCB 03-48
Mueller Shell, Inc. v. IEPA - The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal involving a St. Clair
County facility.
7-0
UST Appeal
PCB 03-50
East Side Shell v. IEPA - The Board granted petitioner’s motion for voluntary
dismissal of this underground storage tank appeal involving a Fulton County
facility.
7-0
UST Appeal
PCB 03-51
People of the State of Illinois v. Draw Drape Cleaners, Inc. – The Board granted
complainant’s motion for partial summary judgment. The Board directed this
matter to hearing as expeditiously as practicable on the remainder of the
contested counts of the complaint, appropriate penalty amount, and remedy.
7-0
A-E
PCB 03-60
V.W. Bowman Oil Company v. IEPA - The Board granted petitioner’s motion
for voluntary dismissal of this underground storage tank appeal involving a
Union County facility.
7-0
UST Appeal
PCB 03-61
PCB 03-62
(Cons.)
Brock Oil Company (Normal) and Brock Company (Hoopeston) v. IEPA - The
Board granted petitioner’s motion for voluntary dismissal of these underground
storage tank appeals involving a McLean County facility.
7-0
UST Appeal
PCB 03-67
Maryville Voice Newspaper Company v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank appeal involving
a Madison County facility.
7-0
UST Appeal
PCB 03-72
Wabash Valley Service v. IEPA - The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal involving a Gallatin
County facility.
7-0
UST Appeal
10
Environmental Register – August 2003
PCB 03-89
Wabash Valley Service v. IEPA - The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal involving an
Edwards County facility.
7-0
UST Appeal
PCB 03-92
Ralph Johnson v. IEPA - The Board granted petitioner’s motion for voluntary
dismissal of this underground storage tank appeal involving a Christian County
facility.
7-0
UST Appeal
PCB 03-93
Dean Schneidewind v. IEPA - The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal involving a St. Clair
County facility.
7-0
UST Appeal
PCB 03-96
Martin E. & Kathy L. Geber v. Carri Scharf Trucking and Materials, Carri Scharf
Materials Company, and East Side Materials, L.L.C. – The Board denied
respondent East Side Materials, L.L.C.’s motion to dismiss the amended
complaint. Additionally, it struck two allegations of the amended complaint as
frivolous and accepted the remaining allegations for hearing.
7-0
N-E
PCB 03-99
Sather Enterprises, Ltd. v. IEPA - The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal involving a Dewitt
County facility.
7-0
UST Appeal
PCB 03-112
2F, Inc. v. IEPA - The Board granted petitioner’s motion for voluntary dismissal
of this underground storage tank appeal involving a Williamson County facility.
7-0
UST Appeal
PCB 03-114
Village of Karnak v. IEPA - The Board granted petitioner’s motion for voluntary
dismissal of this underground storage tank appeal involving a Pulaski County
facility.
7-0
UST Appeal
PCB 03-132
Dickey Oil Company v. IEPA - The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal involving a Clay
County facility.
7-0
UST Appeal
PCB 03-206
J&C Central, 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 DuPage County facility.
7-0
UST Appeal
PCB 03-216
Bulk Petroleum Corporation v. IEPA – Having previously granted a request for a
90-day extension, the Board dismissed this matter because no underground
storage tank appeal was filed on behalf of this Cook County facility.
7-0
UST Appeal
11
Environmental Register – August 2003
PCB 03-217
PCB 03-188
Prime Time Citgo, Inc. and Alphonsus Olieh v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a Kane County facility
and granted the motion to consolidate this matter with PCB 03-188.
7-0
UST Appeal
PCB 03-235
United Disposal of Bradley, Inc. and Municipal Trust & Savings Bank, as
Trustee Under Trust 0799 v. IEPA – The Board granted the petitioners’ motion
to strike only as to the Kankakee County Health Department letter and any
references to that document contained in Ms. Wheeler’s letter. The Board denied
the petitioners’ motion to strike the rest of Ms. Wheeler’s public comment.
7-0
P-A, Land
PCB 04-16
People of the State of Illinois v. Packaging Personified, Inc. – The Board
accepted for hearing this air enforcement action involving a DuPage County
facility.
7-0
A-E
PCB 04-17
Koch Pipeline Company L.P.(Hartford Terminal) v. IEPA – The Board granted
this request for a 90-day extension of time to file a permit appeal on behalf of
this Madison County facility.
7-0
P-A, Air
90-Day Ext.
PCB 04-18
Knapp 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
Massac County facility.
7-0
UST Appeal
90-Day
Ext.
PCB 04-20
R.W. Sheridan Oil Company, Inc. v. IEPA – The Board granted this request for a
90-day extension of time to file an underground storage tank appeal on behalf of
this McLean County facility.
7-0
UST Appeal
90-Day Ext.
New Cases
August 7, 2003 Board Meeting
04-012
Teresa L. Shepro, as Trustee of the Justice W. Shepro Trust, and Teresa L. Shepro and Frank Wiemerslage,
as beneficiaries under Trust No. 898, of the Chicago Trust Company v. Newby Oil Company, David E. Tripp and
Janice Tripp – The Board held for a later duplicative/frivolous determination this citizen’s noise enforcement action
involving a DeKalb County facility.
04-013
People of the State of Illinois v. Intermatic Incorporated – The Board accepted for hearing this air
enforcement action involving a McHenry County facility.
04-014
McDonald’s Corporation v. IEPA – The Board accepted for hearing this underground storage tank appeal
involving a Cook County facility.
04-015
People of the State of Illinois v. Atkinson Grain & Fertilizer, Inc. – The Board accepted for hearing this
water enforcement action involving a Henry County facility.
12
Environmental Register – August 2003
AC 04-001
County of Montgomery v. Luie and Mary Pease – The Board accepted an administrative citation against
these Montgomery County respondents.
AC 04-002
County of Sangamon v. William McGlauchlen – The Board accepted an administrative citation against
this Sangamon County respondent.
AC 04-003
County of Sangamon v. Louis Rutherford – The Board accepted an administrative citation against this
Sangamon County respondent.
August 21, 2003 Board Meeting
04-016
People of the State of Illinois v. Packaging Personified, Inc. – The Board accepted for hearing this air
enforcement action involving a DuPage County facility.
04-017
Koch Pipeline Company L.P.(Hartford Terminal) v. IEPA – The Board granted this request for a 90-day
extension of time to file a permit appeal on behalf of this Madison County facility.
04-018
Knapp 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 Massac County facility.
04-019
Paul and Donna Fredrickson v. Jeff Grelyak – The Board held for a later duplicative/frivolous determination
this citizen’s air and noise enforcement action involving a McHenry County facility.
04-020
R.W. Sheridan Oil Company, Inc. v. IEPA – The Board granted this request for a 90-day extension of time
to file an underground storage tank appeal on behalf of this McLean County facility.
AC 04-004
IEPA v. Edward Sapp – The Board accepted an administrative citation against this Logan County
respondent.
AC 04-005
IEPA v. Jerry Summers – The Board accepted an administrative citation against this Fayette County
respondent.
AC 04-006
IEPA v. Mary Lou and H. Frank Record – The Board accepted an administrative citation against these
Fulton County respondents.
Calendar
9/4/03
11:00AM
Illinois Pollution
Control Board Meeting
Videoconference
Chicago/Springfield
James R. Thompson Center
Hearing Room 11-512
100 W. Randolph St./Chicago
and
1021 N. Grand Avenue East
Oliver Holmes Conference Room 2012 N
Springfield
9/08/03
8:00AM
PCB 03-236
Citizens Against Landfill Expansion (CALE) v.
American Disposal Services of Illinois, Inc. and
Livingston County Board
Pontiac City Hall Council Chambers
115 W. Howard Street
Pontiac
9/9/03
8:00AM
PCB 03-236
Citizens Against Landfill Expansion (CALE) v.
American Disposal Services of Illinois, Inc. and
Livingston County Board
Pontiac City Hall Council Chambers
115 W. Howard Street
Pontiac
9/10/03
9:00AM
PCB 03-236
Citizens Against Landfill Expansion (CALE) v.
American Disposal Services of Illinois, Inc. and
Livingston County Board
Pontiac City Hall Council Chambers
115 W. Howard Street
Pontiac
13
Environmental Register – August 2003
9/11/03
8:00AM
PCB 03-236
Citizens Against Landfill Expansion (CALE) v.
American Disposal Services of Illinois, Inc. and
Livingston County Board
Pontiac City Hall Council Chambers
115 W. Howard Street
Pontiac
9/15/03
10:00AM
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
Washington County Courthouse
Courtroom 2
101 East St. Louis Street
Nashville, IL
9/16/03
9:00AM
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
Washington County Courthouse
Courtroom 2
101 East St. Louis Street
Nashville, IL
9/16/03
10:30AM
AS 03-4
Petition of Argonne National Laboratory for an
Adjusted Standard from 35 Ill. Adm. Code 218.182
Wood Dale City Council Chambers
404 North Wood Dale Road
Wood Dale
9/18/03
11:00AM
Illinois Pollution
Control Board Meeting
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph
Room 9-040
Chicago, Illinois
9/23/03
10:00PM
PCB 97-2
People of the State of Illinois v. Jersey Sanitation
Corporation
Jerseyville City Council Chambers
115 E. Prairie
Jerseyville
9/24/2003
10:00PM
PCB 97-2
People of the State of Illinois v. Jersey Sanitation
Corporation
Jerseyville City Council Chambers
115 E. Prairie
Jerseyville
10/2/03
11:00AM
Illinois Pollution
Control Board Meeting
Illinois Pollution Control Board
Hearing Room, 1244N
1021 N. Grand Avenue East
Springfield
10/8/03
9:00AM
PCB 02-79
People of the State of Illinois v. Walter F. Deemie
d/b/a River City Demolition
Pollution Control Board Hearing Room
1021 North Grand Avenue East (north
entrance)
Springfield
10/16/2003
11:00AM
Illinois Pollution
Control Board Meeting
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph
Room 9-040
Chicago
14
Environmental Register – August 2003
IEPA Class III: Special Resource Groundwater Designation
The Illinois Environmental Protection Agency (IEPA) requests listing Fogelpole Cave, which is a dedicated nature
preserve (DNP), and the area that contributes groundwater to the DNP, as Class III: Special Resource Groundwater.
Fogelpole Cave is located in the southern part of Monroe County, Illinois, approximately three miles north of
Renault, Illinois. The DNP is located in the Renault 7.5 Minute Quadrangle, Section 7; Township 4 South, Range 9
West of the Third Principal Meridian. The area contributing groundwater to the DNP, is an irregularly shaped 5.13
square mile (3,283 acre) tract of land located to the north and west of the DNP.
Under the authority of 35 Ill. Adm. Code 620.230, Class III: Special Resource Groundwater can be established for:
groundwater that is demonstrably unique (e.g. irreplaceable sources of groundwater) and suitable for application of
a water quality standard more stringent than the otherwise applicable water quality standard specified; for
groundwater that is vital for a particularly sensitive ecological system; or groundwater contributing to a DNP that
has been listed by the IEPA. The IEPA is required to review a written request to list a DNP, and upon confirmation
of the technical adequacy, publish the listing of the DNP in the Environmental Register for a 45-day public
comment period. Within 60 days after the close of the comment period, the IEPA is required to publish a final
listing in the
Environmental
Register
.
The Groundwater Section, of the Bureau of Water, at the IEPA has completed the review required according to the
criteria specified at Subsection 620.230(b)(1), and finds the petition to be technically adequate. In addition, the 45-
day comment period has ended, and no comments were received.
15
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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
1021 N. Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
