J. Philip Novak, Chairman
Board Members:
G. Tanner Girard, Thomas E. Johnson,
Nicholas J. Melas, Andrea S. Moore
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
December brought about many changes for the Illinois Pollution Control Board.
On December 1, 2003, I took over as Chairman of the newly reconstituted Board.
Senate Bill 2003/Public Act 93-0509 reduced the number of Board Members
from seven to five. Board Members are to be “technically qualified” with
“verifiable technical, academic, or actual experience in the field of pollution
control or environmental law and regulation.” Additionally, Board Members are
prohibited from holding another position outside Board employment.
Prior to joining the Board, I served 16 years in the Illinois House of
Representatives. While in the House, I chaired the Environment and Energy
Committee for eight years, among other committee assignments. I currently
serve as a trustee on the Illinois Clean Energy Community Foundation, a 250
million dollar trust fund promoting energy efficiency and protecting natural
areas.
Andrea S. Moore also joined the Board on December 1, 2003. Board Member Moore brings with her a wealth of
knowledge about Illinois’ natural resources and the legislative process. Prior to joining the Board, Ms. Moore was
an Assistant Director of the Illinois Department of Natural Resources. She also served in the Illinois House of
Representatives from 1993 until 2002 where she held various committee assignments, including a seat on the
Environment and Energy Committee.
Remaining on the Board are Dr. G. Tanner Girard, Thomas E. Johnson, and Nicholas J. Melas. Dr. Girard was first
appointed to the Board in 1992. Dr. Girard has a PhD in science education, an MS in biological science, and a BS
in biology. Board Member Johnson gave up a successful legal practice in 2001 to join the Board. He earned his
law degree from Northern Illinois University School of Law in 1989. Board Member Melas was appointed to the
Board in 1998. Mr. Melas was a commissioner of the Metropolitan Water Reclamation District of Greater Chicago
for 30 years and President of its Board for the last 18 of those years.
As you may know, the Environmental Protection Act created the Illinois Pollution Control Board as an independent
agency in 1970. Under the Act, the Board is responsible for adopting Illinois' environmental regulations and
deciding contested environmental cases. The Board currently has more than 250 contested cases and eleven
rulemakings pending before it.
During 2004, the Board will continue serving the citizens of Illinois to the best of its ability, keeping in mind its
mission to restore, protect, and enhance the State’s environment. The Board wishes you a happy and prosperous
new year.
Sincerely,
J. Philip Novak
Chairman
Environmental Register – December 2003
Inside This Issue:
FEDERAL UPDATE
P. 1
RULE UPDATE
P. 2
APPELLATE UPDATE
P. 4
BOARD ACTIONS
P. 5
NEW CASES
P. 12
BOARD CALENDAR
P. 14
Federal Update
United States Department of Justice Publishes Notice of Lodging of Consent Decree Under the
Comprehensive Environmental Response, Compensation and Liability Act Re Sauget Superfund Site
On December 3, 2003 (68 Fed. Reg. 67700), the United States Department of Justice published a notice of lodging
of a consent decree under the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA) between the United States and Paul Sauget in the District Court for the Southern District of Illinois, in
U.S. v. Pharmacia Corporation, et al. (Civil No. 99-63-GPM).
The United States' second amended complaint in this action asserts that Paul Sauget is jointly and severally liable
under Section 107(a)(2) of CERCLA, 42 U.S.C. 9607(a)(2), for response costs that have been or will be incurred by
the U. S. due to the release or threatened release of hazardous substances from several landfills that were operated
by Paul Sauget at the Sauget Area 1 Superfund Site located in Sauget and Cahokia, Illinois. Under the proposed
consent decree, Paul Sauget will (1) stipulate to a judgment of $9.2 million for past and future response costs; (2)
pay to the U. S. Environmental Protection Agency (USEPA) $60,000 which represents his ability to pay the
judgment entered against him; and (3) pursue in good faith and to final judgment or settlement, any cause of action
that has been or may be asserted against any insurance carrier for indemnification of Paul Sauget's stipulated
liability to the U.S.
Comments regarding this settlement should be addressed to the Assistant Attorney General, Environment and
Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and should
refer to United States v. Pharmacia Corporation, et al., Civ. No. 99-63-GPM (DOJ Ref. No. 90-11-2-06089). The
proposed consent decree may be examined at the Office of the United States Attorney, Southern District of Illinois,
Suite 300, Fairview Heights, Illinois, 62208; and at USEPA Region 5, 77 W. Jackson Blvd., Chicago, Illinois 60604
(contact Thomas Martin, Esq. (312) 886-4273). During the public comment period, the proposed Consent Decree
may also be examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html.
United States Environmental Protection Agency Proposes Amendments Under the Clean Air Act to the
Effective Date of Nonattainment Designations for 8-Hour Ozone National Ambient Air Quality Standards for
Early Action Compact Areas
On December 16, 2003 (68 Fed. Reg. 70107), the United States Environmental Protection Agency (USEPA)
proposed to defer the effective date of air quality designations for certain areas of the country that do not meet the 8-
hour ozone national ambient air quality standard (NAAQS).
By April 15, 2004, USEPA will designate all areas for the 8-hour ozone NAAQS. USEPA is proposing that, when
it promulgates the designations in April 2004, it will issue the first of three deferrals of the effective date of the
designation for any Early Action Compact (compact) area that is designated nonattainment and continues to meet all
compact milestones. Compact areas have agreed to reduce ground-level ozone pollution earlier than the Clean Air
Act (CAA) requires.
1
Environmental Register – December 2003
In this proposal, USEPA is proposing to defer until September 30, 2005, the effective date of the 8-hour ozone
nonattainment designation for specific areas. USEPA stated that it believes this program provides an incentive for
early planning, early implementation, and early reductions of emissions leading to expeditious attainment and
maintenance of the 8-hour ozone standard. In addition, these compact agreements give local areas the flexibility to
develop their own approach to meeting the 8-hour ozone standard, provided the communities control emissions
from local sources earlier than the CAA would otherwise require. This proposed rule does not propose to establish
attainment/nonattainment designations, nor does it address the principles that will be considered in the designation
process.
Comments must be received on or before January 15, 2004.
For further information contact Mr. David Cole, Office of Air Quality Planning and Standards, U.S. Environmental
Protection Agency, Mail Code C539-02, Research Triangle Park, NC 27711, phone number (919) 541-5565 or by
e-mail at: cole.david@epa.gov; or Ms. Valerie Broadwell, Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Mail Code C539-02, Research Triangle Park, NC 27711, phone number (919)
541-3310 or by e-mail at: broadwell.valerie@epa.gov.
If any amendments to the Illinois air rules become necessary, the Board would expect the Illinois Environmental
Protection Agency to propose amendments using the Clean Air Act “fast-track” procedures at Section 28.5 of the
Environmental Protection Act (415 ILCS 5/28.5 (2002)).
United States Environmental Protection Agency Publishes Notice of A Revised Policy Re the Applicability of
the Safe Drinking Water Act to Submetered Properties
On December 23, 2003 (68 Fed. Reg. 74233), the United States Environmental Protection Agency (USEPA)
finalized a memorandum that outlined its revised policy regarding regulatory requirements under the Safe Drinking
Water Act (SDWA) for submetered properties.
Under SDWA section 1411, the national primary drinking water regulations apply to public water systems (PWS)
that have their own water source, treat, or “sell” water. USEPA staff and program managers have previously issued
memoranda stating that any building or property owner who meets the definition of a PWS and receives water from
a regulated public water system, but bills tenants separately for this water, is “selling” the water and therefore is
independently subject to SDWA's drinking water requirements.
Now, as a way to promote full cost and conservation pricing to achieve water conservation, the USEPA is changing
its interpretation of section 1411 as it applies to submetered properties. USEPA stated that it believes that the
addition of a submeter should not in any way change the quality of water provided to customers on these properties,
and the building or property owner should therefore be exempted from additional SDWA regulations. In general,
the scope of this policy is not intended to extend where the property in question has a large distribution system,
serves a large population or serves a mixed (commercial/residential) population (such as many military
installations/facilities or large mobile home parks).
The revised policy is effective December 16, 2003.
For further information contact Ronald Bergman by phone at 202-564-3823, or by e-mail at
bergman.ronald@epa.gov.
This USEPA policy change did not result in a federal regulatory amendment. But, this policy statement may fulfill
the Administrative Procedure Act Section 1-70 definition of a rule. 5 ILCS 100/1-70 (2002). Change to the
Board’s rules or addition of a Board note concerning this federal interpretation may be necessary. The Board will
examine this issue in the context of its next identical in substance SDWA update docket under Section 13 (c) of the
Environmental Protection Act, 415 ILCS 5/13 (c) (2002). See R04-5, In the Matter of: SDWA Update, USEPA
Amendments (July 1, 2003 through December 31, 2003).
2
Environmental Register – December 2003
Rule Update
Board Adopts Final Amendments in Site-Specific Rule for City of Effingham Treatment Plant Fluoride
Discharge, 35 Ill. Adm. Code 303.326(R03-11)
On December 18, 2003, the Board adopted a final opinion and order in Site-Specific Rule for City of Effingham
Treatment Plant Fluoride Discharge, 35 Ill. Adm. Code 304.233 (R03-11). The Board did not make any substantive
changes to the first notice proposal, adopted on July 24, 2003 and published in the
Illinois Register
at 27 Ill. Reg.
13680 (August 15, 2003). This rulemaking will become effective when filed with the Secretary of State’s office.
The rulemaking was initiated by a proposal for regulatory relief from a general standard filed by the City of
Effingham (City), Blue Beacon International, Inc. (BBI) and Truckomat Corporation (Truckomat). BBI and
Truckomat operate truck washes in Effingham, and the wastewater from the truck washes contains fluoride resulting
from the brighteners used in washing the trucks. Both companies testified at hearing that there are no alternative
replacements for these brighteners, and that discontinuing their use would cause a severe negative economic impact
for both the facilities and for the surrounding businesses that rely on the truck traffic generated by the washing
facilities.
The adopted amendments add a new Section 303.326 setting a site-specific fluoride water quality standard of 5.0
mg/L to accommodate the discharge of fluoride from the City’s publicly owned treatment works (POTW). This
level of fluoride is gradually reduced downstream from the POTW to 3.2 mg/L and then 2.0 mg/L before it reverts
back to the general water quality standard of 1.4 mg/L.
A hearing was held in Effingham on April 11, 2003 on the substance of the rulemaking. On July 18, 2003, the
Board held a second hearing dealing solely with the Illinois Department of Commerce and Economic Opportunity’s
decision not to conduct an economic impact study on this proposal.
Copies of the Board’s opinion and order in R03-11 may be obtained by calling Dorothy Gunn at 312-814-3620, or
by downloading copies from the Board’s Web site at www.ipcb.state.il.us.
For additional information contact John Knittle at 217/278-3111; email address knittlej@ipcb.state.il.us.
Board Adopts Dismissal Order in Clean-Up Amendments to 35 Ill. Adm. Code Part 214 (R04-10)
On December 18, 2003, the Board adopted a dismissal order in Clean-Up Amendments to 35 Ill. Adm. Code Part
214 (R04-10) at the request of the proponent, the Illinois Environmental Protection Agency (IEPA), which moved
to withdraw the proposal on November 21, 2003.
In its motion to withdraw, the IEPA reported that an October 6, 2003 hearing officer order questioned whether the
rulemaking should also address other errors that appear to have occurred during recodification of certain air rules.
The motion explains that IEPA cannot devote resources to the necessary research at this time. However, the IEPA
stated that it does plan to proceed with a general “clean-up” of Part 214 late next year. This would be proposed in
conjunction with amendments as part of the State Implementation Plan for the new National Ambient Air Quality
Standard for fine particulate.
While the Board deferred to the IEPA’s determination that it cannot serve as proponent in this docket at this time
and dismissed this docket, the Board also found that the public would be better served if the rules were corrected
sooner, rather than later when substantive changes are also proposed. Therefore, the Board stated in its order that it
intends to open a docket in the near future and propose only needed corrections of typographical or similar
recodification errors. See reserved docket R04-12 Technical Correction to Formulas in 35 Ill. Adm. Code 214
"Sulfur Limitations". Copies of the Board’s opinion and order in R04-10 may be obtained by calling Dorothy Gunn
at 312-814-3620, or by downloading copies from the Board’s Web site at www.ipcb.state.il.us.
3
Environmental Register – December 2003
Board Adopts Proposal for Public Comment in SDWA Update, USEPA Amendments (January 1, 2003
though June 30, 2003) (R04-03)
On December 18, 2003, the Board adopted a proposal for public comment in SDWA Update, USEPA Amendments
(January 1, 2003 through June 30, 2003) (R04-03). The rulemaking proposes amendments to the Illinois
regulations that are “identical in substance” to drinking water regulations adopted by the United States
Environmental Protection Agency (USEPA). The USEPA rules implement Sections 1412(b), 1414(c), 1417(a), and
1445(a) of the federal Safe Drinking Water Act (SDWA) (42 U.S.C. §§ 300g-1(a), 300g-3(c), 300g-6(a), and 300j-
4(a) (1994)).
This docket includes federal SDWA amendments that USEPA adopted in the period January 1, 2003 through June
30, 2003. The rulemaking proposal was sent to the Secretary of State and published in the January 9, 2004 issue of
the
Illinois Register
at 28 Ill. Reg. 481. The Board will accept public comments for 45 days after publication,
through February 26, 2004.
The substantive amendments involved in this proceeding deal with a March 25, 2003 (68 Fed. Reg. 14502) federal
action where the USEPA amended the revised MCL for arsenic. USEPA changed the standard from 0.01 mg/
ℓ
to
0.010 mg/
ℓ
. USEPA stated that the change in significant digits for the standard clarifies that an arsenic content as
high as 0.0149 is not acceptable, as was allowed under the standard of 0.01 mg/
ℓ
. USEPA adopted the revised
arsenic standard on January 22, 2001 (at 66 Fed. Reg. 6976). It becomes effective on January 23, 2006. Persons
interested in the details of the federal amendments should consult the
Federal Register
notice of March 25, 2003.
The Board incorporated the March 25, 2003 federal amendments into the Illinois drinking water regulations by
revision of the arsenic MCL. The Board was able to make this simple federal correction without deviation from the
text of the federal amendments.
The Board made additional, nonsubstantive, amendments to the Part 611 regulations in this rulemaking to correct
sections of the rules not affected by the underlying federal amendments.
Copies of the Board’s opinion and order in R04-3 may be obtained by calling Dorothy Gunn at 312-814-3620, or by
downloading copies from the Board’s Web site at www.ipcb.state.il.us.
For additional information contact Michael J. McCambridge at 312-814-6924; e-mail address
mccambm@ipcb.state.il.us.
Appellate Update
Fourth District Affirms Board In ESG Watts, Inc. v. Illinois Pollution Control Boardand Illinois
Environmental Protection Agency, No. 4-02-1139 (December 2, 2003) (PCB 01-139)
In its December 2, 2003 unpublished order under Supreme Court Rule 23 (155 Ill.2d R. 23
),
the Appellate Court for
the Fourth District affirmed the Board’s April 4, 2002 permit appeal decision. See ESG Watts, Inc. v. Illinois
Pollution Control Board and Illinois Environmental Protection Agency
,
No. 4-02-1139 (4th Dist. December 2,
2003), affirming ESG Watts, Inc. v. Illinois Environmental Protection Agency, PCB 01-139 (April 4, 2002). The
court confirmed important Board holdings concerning the nature of landfill permits and financial assurance
requirements under the Environmental Protection Act (Act) and the Board’s financial assurance rules at 35 Ill. Adm.
Code Part 807.
Section 21.1(a) of the Act requires a landfill operator to post “financial assurance”: a bond or other approved form
of security with the Illinois Environmental Protection Agency (IEPA) to ensure money is available for the closure
and post-closure care of the landfill. 415. ILCS 5/21.1 (a)(2002). In November 2000, ESG Watts requested IEPA
approval of pollution liability insurance policies for closure of two of its landfills (the Taylor Ridge/Andalusia
landfill in Rock Island County and the Viola landfill in Mercer County) to serve as substitute financial assurance.
The policies were effective January 26, 1999 through January 26, 2001. ESG Watts intended them to replace funds
in a single trust fund that served as financial assurance for three ESG Watts landfills: Sangamon Valley Landfill,
4
Environmental Register – December 2003
Taylor Ridge and Viola. Upon IEPA approval of the policies, ESG Watts wanted the trust's "excess" funds (those
attributable to Sangamon Valley) to be released. In February 2001, the IEPA refused to accept the insurance
policies, stating, among other things, that the IEPA
has reason to believe the cost of closure and post-closure care for these sites will
be significantly greater than the value of all financial assurance tendered for these
sites, regardless of acceptability. Therefore the total financial assurance provided for
these two sites does not equal the cost of closure and post-closure care for these
sites. (slip op at 2-3).
ESG Watts appealed to the Board in July 2001.
In its April 4, 2002 opinion and order, the Board held that the insurance policies ESG Watts' had proposed as
substitute financial assurance had been approved by operation of law because the IEPA issued its determination a
year after expiration of the 90-day deadline for IEPA permitting decisions under Section 39(a) of the Act. But, the
proposed insurance policies had expired by their terms. Accordingly, the Board further held that it could not direct
the IEPA to release the funds in the trust because the trust was the only financial assurance in place for the two
landfills. The Board found that leaving the landfills with no financial assurance would violate Section 21.1(a) of the
Act.
The Fourth District’s Rule 23 order affirmed the Board's decision in all respects. In its review of the Board’s
decision, the Fourth District applied the
de novo
standard of review because the appeal required interpretation of
statutory and regulatory language. Although the policies had expired by their terms, the court held that the case was
not moot as a case involving an event of short duration that is “capable of repetition, yet evading review”. Slip op.
at 4-5, citing In re. Barbara H., 183 Ill. 2d 482, 491, 702 N.E.2d 555, 559 (1998).
In reaching its conclusion on the ultimate issue in the case, the court looked to Section 21.1(a) of the Act and a
financial assurance provision of the Board’s landfill rules. The court held that
The Code [35 Ill. Adm. Code 807.604] provides for release of excess trust funds when “[a]n operator
substitutes alternate financial assurance such that the total financial assurance for the site is equal to or
greater than the current cost estimate with counting the amounts to be released.” [citations omitted] in the
instant case, the pollution liability policies expired on January 26, 2001. The record does not show the
existence of “alternate financial assurance on April 4, 2002, when the Board refused to release the monies
held in trust. We affirm the Board’s ruling. (slip op. at 5-6).
Board Actions
December 4, 2003
Via Teleconference
Chicago and Springfield, Illinois
Administrative Citations
AC 04-22
County of Vermilion, v. Village of Tilton – The Board accepted for hearing this
petition for review of an administrative citation against this Vermilion County
respondent.
5-0
Decisions
5
Environmental Register – December 2003
PCB 02-5
People of the State of Illinois v. Environmental Management & Abatement, Inc.
and Danny G. Kohrdt individually and as president of Environmental
Management & Abatement, Inc. – In this land enforcement action concerning a
Will 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
respondents to pay a total civil penalty of $50,000 and to cease and desist from
further violations.
5-0
L-E
PCB 02-213
People of the State of Illinois v. Action Athletic Equipment, Inc. – In this air
enforcement action concerning a Lake County facility, the Board granted relief
from the hearing requirement of Section 31(c)(1) of the Environmental
Protection Act (415 ILCS 5/31(c)(1) (2002)), accepted a stipulation and
settlement agreement, and ordered the respondents to pay a total civil penalty of
$28,000 and to cease and desist from further violations.
5-0
A-E
PCB 03-13
People of the State of Illinois v. Chicago Diversified Projects, Inc. – 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 stipulation and
settlement agreement, and ordered the respondents to pay a total civil penalty of
$10,000 and to cease and desist from further violations.
5-0
A-E
Motions and Other Matters
PCB 01-43
People of the State of Illinois v. Michael Stringini – The Board granted
complainant’s motion to dismiss counts V and VII of the complaint.
5-0
RCRA-E
PCB 03-233
People of the State of Illinois v. Gerald Hewing d/b/a Hewing Technical Services
– Upon receipt of a proposed stipulation and settlement agreement and an agreed
motion to request relief from the hearing requirement in this water enforcement
action involving a Shelby County facility, the Board ordered publication of the
required newspaper notice.
5-0
W-E
PCB 04-21
Andy’s Drive-In 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 Alexander County facility.
5-0-
UST Appeal
PCB 04-22
Wei Enterprises v. IEPA – The Board dismissed this underground storage tank
appeal filed on behalf of this St. Clair County facility due to lack of jurisdiction.
5-0
UST Appeal
PCB 04-23
Wei Enterprises v. IEPA – The Board dismissed this underground storage tank
appeal filed on behalf of this St. Clair County facility due to lack of jurisdiction.
5-0
UST Appeal
PCB 04-27
Eastman Chemical Company v. IEPA – Having previously granted a request for
a 90-day extension, the Board dismissed this matter because no permit appeal
was filed on behalf of this Kane County facility.
5-0
PA, RCRA
6
Environmental Register – December 2003
PCB 04-52
Kramer’s Service Station 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
Vermilion County facility.
5-0
UST Appeal
90-Day
Ext.
PCB 04-69
Republic Bank of Chicago, as Trustee of Bank Trust #2234, Aristotle Halikias,
Lena Halikias, Michael Halikias, Nikolas Halikias, Noula Halikias, and Patricia
Halikias, as beneficiaries of Trust #2234 v. Sunoco, Inc. (R&M) – The Board
found that the alleged violations in counts I through III of the complaint were
neither duplicative nor frivolous, dismissed count IV as frivolous, and accepted
for hearing this matter involving a Cook County facility.
4-0
Melas
abstained
Citizens
UST-E
PCB 04-75
Mate Technologies, Inc. v. F.I.C. America Corporation – The Board ordered
complainant to file proof of service of the complaint upon respondent within 30
days, or this matter would be subject to dismissal. Respondent’s motion for
extension of time to file a motion to dismiss was referred to the hearing officer
for disposition.
5-0
Citizens
L-E
PCB 04-84
People of the State of Illinois v. Paramount Developers, Inc. – The Board
accepted for hearing this water enforcement action involving a site located in
DuPage County.
5-0
W-E
PCB 04-85
Robert & Tony Thompson 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
Alexander County facility.
5-0
UST Appeal
90-Day Ext.
PCB 04-86
Braun 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
Randolph County facility.
5-0
UST Appeal
90-Day Ext.
PCB 04-87
Knapp Oil Company v. IEPA – The Board accepted for hearing this underground
storage tank appeal on behalf of this Massac County facility.
5-0
UST Appeal
90-Day Ext.
7
Environmental Register – December 2003
December 18, 2003
Chicago, Illinois
Rulemakings
R03-11
In the Matter of: Site-Specific Rule for City of Effingham Treatment Plant
Fluoride Discharge, 35 Ill. Adm. Code 304.233 –The Board adopted a final
opinion and order granting this request for a rulemaking to amend the Board’s
water pollution control regulations.
5-0
R, Water
R04-3
In the Matter of: SDWA Update, USEPA Amendments (January 1, 2003
through June 30, 2003) – The Board adopted a proposal for public comment in
this “identical-in-substance” rulemaking to amend the Board’s public water
supply regulations.
5-0
R, PWS
R04-10
In the Matter of: Clean-Up Amendments to 35 Ill. Adm. Code Part 214 – The
Board granted petitioner’s motion to dismiss its proposal to amend the Board
clean air regulations. But, the Board stated that it would soon open a docket for
its own proposal to correct errors in formulas in Part 214.
5-0
R, Air
Adjusted Standards
AS 03-4
In the Matter of: Petition of Argonne National Laboratory for an Adjusted
Standard from 35 Ill. Adm. Code 218.182 – The Board granted this DuPage
County petitioner an adjusted standard, with conditions, from volatile organic
material emission requirements.
5-0
Air
Administrative Citations
AC 04-18
IEPA v. Luther Coleman – The Board accepted for hearing this petition for
review of an administrative citation against this Saline County respondent.
5-0
AC 04-19
IEPA v. Christopher Coleman – The Board accepted for hearing this petition for
review of an administrative citation against this Union County respondent.
5-0
AC 04-20
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), (3) (2002))
and ordered respondent to pay a civil penalty of $3,000.
5-0
AC 04-21
IEPA v. RCS Inc., Jay Ross, and Terry Robbins – The Board found that these
Jersey County respondents violated Section 21(o)(5) of the Act (415 ILCS
5/21(o)(5) (2002)) and ordered respondents to pay a civil penalty of $500.
5-0
Decisions
PCB 02-63
People of the State of Illinois v. MII, Inc. – In this air enforcement action
concerning a Morgan 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
5-0
A-E
8
Environmental Register – December 2003
the respondent to pay a total civil penalty of $50,000 and to cease and desist
from further violations.
PCB 03-118
PCB 03-119
PCB 03-150
Cons.
Dalee Oil Company v. IEPA – The Board affirmed the respondent’s decisions to
deny reimbursement for nearly $19,400 in unreasonable cost in this consolidated
appeal concerning a facility located in Washington County.
5-0
UST Appeal
PCB 03-126
Mick’s Garage v. IEPA – The Board affirmed the respondent’s January 10, 2003
determination that a $50,000 deductible applied in this appeal concerning a
facility located in Madison County.
5-0
UST Appeal
PCB 04-6
People of the State of Illinois v. Valley Run Stone – In this air enforcement
action concerning a Kendall 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 $24,500 and to cease
and desist from further violations.
5-0
A-E
Motions and Other Matters
PCB 00-28
Beelman Truck Company v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal involving a Madison
County facility.
5-0
UST Appeal
PCB 01-173
Cole Taylor Bank, not individually, but solely as trustee under a certain Illinois
land trust known as trust 40323; as successor trustee to Michigan Avenue
National Bank of Chicago, under trust 1904 v. Rowe Industries, Inc. successor to
Coleman Cable and Wire Company, and Chapco Carton Company – The Board
granted the parties’ joint motion for dismissal of this citizen’s land enforcement
action involving a Cook County facility.
5-0
Citizens
L-E
PCB 02-1
People of the State of Illinois v. Stein Steel Mill Services, 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
Madison County facility, the Board ordered publication of the required
newspaper notice.
5-0
A-E
PCB 02-162
People of the State of Illinois v. Fox Valley Dry Wall, 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
Kane County facility, the Board ordered publication of the required newspaper
notice.
5-0
L-E
9
Environmental Register – December 2003
PCB 02-213
People of the State of Illinois v. Action Athletic Equipment, Inc. – The Board
entered an order amending the payment provisions in its December 4, 2003
order.
5-0
A-E
PCB 03-214
Illinois Ayers Oil Company v. IEPA – The Board granted petitioner’s motion for
interlocutory appeal and affirmed the December 2, 2003 hearing officer order
denying petitioner’s motion to compel discovery.
4-1
Johnson
dissented
UST Appeal
PCB 03-230
Catholic Bishop of Chicago v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal involving a Cook
County facility.
5-0
UST Appeal
PCB 04-25
Gary Svacina 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.
5-0
UST Appeal
PCB 04-31
Broadus Oil v. IEPA – The Board accepted for hearing this underground storage
tank appeal involving a LaSalle County facility.
5-0
UST Appeal
PCB 04-32
Roy Strom Building 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 Lake County facility.
5-0
UST Appeal
PCB 04-33
PCB 04-34
PCB 04-35
Byron Sandberg v. City of Kankakee, Illinois City Council and Town and
Country Utilities, Inc. and Kankakee Regional Landfill, L.L.C.; Waste
Management of Illinois v. City of Kankakee, Illinois City Council and Town and
Country Utilities, Inc. and Kankakee Regional Landfill, L.L.C.; County of
Kankakee, Illinois and Edward D. Smith, Kankakee County States Attorney v.
City of Kankakee, Illinois City Council and Town and Country Utilities, Inc. and
Kankakee Regional Landfill, L.L.C. – The Board denied the County of
Kankakee’s motion to disqualify Attorney Claire Manning from representing
Town and Country Utilities, Inc. as moot. No other action was taken on pending
motions.
5-0
P-C-F-S-R
3d Party
PCB 04-64
McLean County School District No. 5 v. IEPA – The Board granted petitioner’s
motion for dismissal of its request for a water well setback exception.
5-0
WWS
PCB 04-69
Republic Bank of Chicago as Trustee of Trust #2234, Aristotle Halikias, Lena
Halikias, Michael Halikias, Nikolas Halikias, Noula Halikias, and Patricia
Halikias as beneficiaries of Trust #2234 v. Sunoco, Inc. (R&M) – The Board
granted attorney Joseph Freudenberg’s motion requesting permission to appear
pro hac vice
on behalf of respondent and respondent’s motion for extension of
time to respond to the complaint until February 13, 2004.
4-0
Melas
abstained
Citizens
UST Appeal
10
Environmental Register – December 2003
PCB 04-79
Bonita Saxbury and Richard Saxbury v. Archer Daniels Midland – The Board
found that the alleged violations in the complaint were neither duplicative nor
frivolous and accepted for hearing this matter involving a Pike County facility.
5-0
Citizens N-E
PCB 04-83
Wei Enterprises v. IEPA – The Board accepted for hearing this amended petition
for review in response to the Board’s November 20, 2003 order on behalf of a St.
Clair County facility.
5-0
UST Appeal
PCB 04-88
Des Plaines River Watershed Alliance, Livable Communities Alliance, Prairie
Rivers Network, and Sierra Club v. IEPA – The Board accepted for hearing this
third party appeal involving a facility located in the Village of New Lenox, Will
County.
5-0
P-A, NPDES
PCB 04-89
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.
5-0
UST Appeal
90-Day Ext.
PCB 04-90
A&R, Inc. v. IEPA – The Board granted this request for a 90-day extension of
time to file an underground storage tank appeal on behalf of this Cook County
facility.
5-0
UST Appeal
90-Day Ext.
PCB 04-91
Thomeczek 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
Randolph County facility.
5-0
UST Appeal
90-Day Ext.
PCB 04-92
Sather Enterprises, Lt. V. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a DeWitt County facility.
5-0
UST Appeal
PCB 04-93
Martin Oil Marketing, Ltd. v. IEPA – The Board ordered petitioner file amended
petition curing deficiencies and accompanied by an attorneys appearance, within
30 days, or this matter would be subject to dismissal.
5-0
UST Appeal
PCB 04-94
People of the State of Illinois v. Hauck Homes, Inc. d/b/a Rock River Estates
Mobile Home Park – The Board accepted for hearing this water enforcement
action involving a site located in Lee County.
5-0
W-E
11
Environmental Register – December 2003
PCB 04-95
Arclar Company, LLC (Coal Preparation Facility - Willow Lake) (Property
Identification Number 09-01-300-001-0080) v. IEPA – Upon receipt of the
Illinois Environmental Protection Agency’s recommendation, the Board found
and certified that specified facilities of Arclar Company, LLC located in Saline
County are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).
5-0
T-C
PCB 04-96
Black Beauty Coal Company (Coal Preparation Facility - Riola Portal) (Property
Identification Number 27-33-200-004-8060) v. IEPA – Upon receipt of the
Illinois Environmental Protection Agency’s recommendation, the Board found
and certified that specified facilities of Black Beauty Coal Company located in
Vermilion County are pollution control facilities for the purpose of preferential
tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).
5-0
T-C
PCB 04-97
Black Beauty Coal Company (Coal Preparation Facility - Vermilion Grove
Portal) (Property Identification Number 32-13-100-014-0060) v. IEPA – Upon
receipt of the Illinois Environmental Protection Agency’s recommendation, the
Board found and certified that specified facilities of Black Beauty Coal Company
located in Vermilion County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10
(2002)).
5-0
T-C
New Cases
December 4, 2003 Board Meeting
04-084
Bonita Saxbury and Richard Saxbury v. Archer Daniels Midland – The Board held for a later
duplicative/frivolous determination this citizens’ land enforcement action involving a Pike County facility.
04-085
Lincoln Technical Institute v. IEPA – The Board granted this request for a 90-day extension of time to file
an underground storage tank appeal on behalf of this Cook County facility.
04-086
People of the State of Illinois v. Emmett Utilities, Inc. and Russell D. Thorell individually and as president
of Emmett Utilities, Inc. – The Board accepted for hearing this public water supply enforcement action involving a
site located in McDonough County.
04-087
Webel Foods, 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 Pike County facility.
AC 04-023
IEPA v. Roy Baur d/b/a Baur Trucking – The Board accepted an administrative citation against this St.
Clair County respondent.
AC 04-024
Ogle County v. Kenneth Gilland – The Board accepted an administrative citation against this Ogle
County respondent.
AC 04-025
IEPA v. Colorado Real Estate & Investment Company (Kingspark Mobile Estates) – The Board
accepted an administrative citation against this Peoria County respondent.
AC 04-026
IEPA v. Charles Flick – The Board accepted an administrative citation against this Union County
respondent.
AC 04-027
IEPA v. Douglas S. Carrico d/b/a Carricos Auto Heap – The Board accepted an administrative citation
against this Green County respondent.
12
Environmental Register – December 2003
December 18, 2003 Board Meeting
04-088
Des Plaines River Watershed Alliance, Livable Communities Alliance, Prairie Rivers Network, and Sierra
Club v. IEPA – The Board accepted for hearing this third party appeal involving a facility located in the Village of
New Lenox, Will County.
04-089
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.
04-090
A&R, Inc. v. IEPA – The Board granted this request for a 90-day extension of time to file an underground
storage tank appeal on behalf of this Cook County facility.
04-091
Thomeczek 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 Randolph County facility.
04-092
Sather Enterprises, Lt. V. IEPA – The Board accepted for hearing this underground storage tank appeal
involving a DeWitt County facility.
04-093
Martin Oil Marketing, Ltd. v. IEPA – The Board ordered petitioner file amended petition curing deficiencies
and accompanied by an attorneys appearance, within 30 days, or this matter would be subject to dismissal.
04-094
People of the State of Illinois v. Hauck Homes, Inc. d/b/a Rock River Estates Mobile Home Park – The
Board accepted for hearing this water enforcement action involving a site located in Lee County.
04-095
Arclar Company, LLC (Coal Preparation Facility - Willow Lake) (Property Identification Number 09-01-
300-001-0080) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the
Board found and certified that specified facilities of Arclar Company, LLC located in Saline County are pollution
control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10
(2002)).
04-096
Black Beauty Coal Company (Coal Preparation Facility - Riola Portal) (Property Identification Number 27-
33-200-004-8060) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the
Board found and certified that specified facilities of Black Beauty Coal Company located in Vermilion County are
pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2002)).
04-097
Black Beauty Coal Company (Coal Preparation Facility - Vermilion Grove Portal) (Property Identification
Number 32-13-100-014-0060) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of Black Beauty Coal Company located in
Vermilion County are pollution control facilities for the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2002)).
AC 04-028
IEPA v. American Disposal Services of Illinois, Inc. and David Bryant – The Board accepted an
administrative citation against these Livingston County respondents.
AS 04-001
In the Matter of: Petition of Crownline Boats, Inc. for an Adjusted Standard from 35 Ill. Adm. Code
215.301 – Pending receipt of the certificate of publication, the Board held this Hancock County facility’s petition
for an adjusted standard from the Board’s air pollution control regulations.
Provisional Variances
Public Act 93-0152 (Senate Bill 222) amended Sections 35-37 of the Illinois Environmental Act (415 ILCS 5/5(b)
(2002)) so that provisional variances are issued by the Illinois Environmental Protection Agency (IEPA). If the
IEPA grants a provisional variance, then the IEPA must file a copy of its written decision with the Board. The
Board must maintain copies of the provisional variances for public inspection. Copies of provisional variances can
be obtained by contacting the Clerk’s Office at (312) 814-3620, or by visiting the Board’s Website at
www.ipcb.state.il.us. If the IEPA denies a provisional variance request, then the applicant may initiate a
proceeding with the Board for a full variance.
13
Environmental Register – December 2003
IEPA 03-003 General Electric Company v. IEPA –
The Illinois Environmental Protection Agency granted
General Electric Company a provisional variance from the 90-day limitation on the accumulation of hazardous
wastes, as set forth in 35 Ill. Adm. Code 722.134(b) for seven 55-gallon drums of a hazardous waste consisting of
old flashcubes and sand waste. The provisional variance period is October 14, 2003 through November 14, 2003.
IEPA 03-004 City of Polo v. IEPA
– The Illinois Environmental Protection Agency granted the City of Polo a 45-
day provision variance from 35 Ill. Adm. Code 302.212 for ammonia nitrogen, from 35 Ill. Adm. Code 304.120(b)
for CBOD5, and from 304.120(c) for total suspended solids. The variance period is October 14, 2003 through
November 27, 2003.
IEPA 03-005 City of South Pekin
– The Illinois Environmental Protection Agency granted the City of South Pekin
a 45-day provisional variance from 35 Ill.Adm. Code 302.212 for ammonia nitrogen, from 35 Ill. Adm. Code
304.120(b) for CBOD5, and from 304.120(c) for total suspended solids. The provisional variance would allow the
city to replace lagoon liners that were severely damaged by a tornado on May 10, 2003. The anticipated completion
of the project is December 31, 2003.
IEPA 03-006 City of Polo v. IEPA
– The Illinois Environmental Protection Agency granted the City of Polo an
extension of a 45 day provisional variance granted in November, from 35 Ill.Adm. Code 302.212 for ammonia
nitrogen, from 35 Ill. Adm. Code 304.120(b) for CBOD5, and from 304.120(c) for total suspended solids. An error
during the manufacture of one of the parts resulted in a delay in part replacement. The variance will be in effect
from December 3, 2003 until January 6, 2004.
Calendar
1/07/04
8:30AM
PCB 03-214
Illinois Ayers Oil Co. v. IEPA
Illinois Pollution Control Board
Hearing Room
1021 North Grand Avenue East
North Entrance
Springfield
1/08/04
11:00AM
Illinois Pollution
Control Board Meeting
Videoconference
Chicago/Springfield
James R. Thompson Center
Hearing Room 11-512
100 W. Randolph Street
Chicago
and
1021 N. Grand Avenue East
Oliver Holmes Conference Room 2012 N
Springfield
1/13/04
9:00AM
PCB 97-2
People of the State of Illinois v. Jersey Sanitation
Corporation
Illinois Pollution Control Board
Hearing Room
1021 North Grand Avenue East
North Entrance
Springfield
1/13/04
9:00AM
PCB 02-164
Barbara and Ronald Stuart v. Franklin Fisher
Bolingbrook Village Hall Boardroom
375 West Briar Cliff
Bolingbrook
1/14/04
9:00AM
PCB 02-164
Barbara and Ronald Stuart v. Franklin Fisher
Bolingbrook Village Hall Boardroom
375 West Briar Cliff
Bolingbrook
14
Environmental Register – December 2003
1/20/04
9:00AM
PCB 96-10
Vogue Tyre & Rubber Company v. IEPA
Illinois Pollution Control Board
James R. Thompson Center
Hearing Room 11-512
100 W. Randolph St.
Chicago
1/22/04
11:00AM
Illinois Pollution
Control Board Meeting
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street
Room 9-031
Chicago
1/22/04
1:00PM
R04-11
Proposed Site Specific Rulemaking Ameren Energy
Generating Company Amending 35 Ill. Adm. Code
901
Illinois Pollution Control Board
James R. Thompson Center
Hearing Room 11-512
100 West Randolph
Chicago
2/05/04
11:00AM
Illinois Pollution
Control Board Meeting
Videoconference
Chicago/Springfield
James R. Thompson Center
Hearing Room 11-512
100 W. Randolph Street
Chicago
and
1021 N. Grand Avenue East
Oliver Holmes Conference Room 2012 N
Springfield
2/17/04
9:00AM
AS 02-5
In the Matter of: Petition of Noveon, Inc. for an
Adjusted Standard from 35 Ill. Adm. Code 304.122
Marshall County Courthouse Boardroom
122 North Prairie
Lacon
2/17/04
9:00AM
PCB 91-17
Noveon, Inc. f/k/a BF Goodrich Corporation (Henry
Facility) v. IEPA
Marshall County Courthouse Boardroom
122 North Prairie
Lacon
2/18/04
9:00AM
AS 02-5
In the Matter of: Petition of Noveon, Inc. for an
Adjusted Standard from 35 Ill. Adm. Code 304.122
Marshall County Courthouse Boardroom
122 North Prairie
Lacon
2/18/04
9:00AM
PCB 91-17
Noveon, Inc. f/k/a BF Goodrich Corporation (Henry
Facility) v. IEPA
Marshall County Courthouse Boardroom
122 North Prairie
Lacon
2/19/04
9:00AM
AS 02-5
In the Matter of: Petition of Noveon, Inc. for an
Adjusted Standard from 35 Ill. Adm. Code 304.122
Marshall County Courthouse Boardroom
122 North Prairie
Lacon
2/19/04
9:00AM
PCB 91-17
Noveon, Inc. f/k/a BF Goodrich Corporation (Henry
Facility) v. IEPA
Marshall County Courthouse Boardroom
122 North Prairie
Lacon
2/20/04
9:00AM
AS 02-5
In the Matter of: Petition of Noveon, Inc. for an
Adjusted Standard from 35 Ill. Adm. Code 304.122
Marshall County Courthouse Boardroom
122 North Prairie
Lacon
2/20/04
9:00AM
PCB 91-17
Noveon, Inc. f/k/a BF Goodrich Corporation (Henry
Facility) v. IEPA
Marshall County Courthouse Boardroom
122 North Prairie
Lacon
2/19/04
11:00AM
Illinois Pollution
Control Board Meeting
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago
15
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Environmental Register Comment Card
The Illinois Pollution Control Board is an independent five-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
