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
While many of you know the Pollution Control Board’s role in
adjudicating contested cases, the Board also plays a very significant part
in administrative rulemaking. Under the Environmental Protection Act,
the Board establishes environmental regulations that help restore, protect,
and improve the quality of our state’s environment. This is a very
important responsibility, and the Board expects a full schedule of
rulemaking during calendar year 2004.
The Board’s semi-annual regulatory agenda recently appeared in
the Illinois Register (28 Ill. Reg. 1459). It may also be viewed on and
downloaded from the Board’s Web site at
http://www.ipcb.state.il.us/Archive/dscgi/dx.py/View/Collection-487.
Although the summaries below form only part of the Board’s expected
activity, they help indicate the wide range of our rulemaking.
Since the Board adopted Tiered Approach to Corrective Action Objectives (TACO) rules in 1997,
implementation has demonstrated the need for updates and clarifications. Under docket R04-22/23, the Board has
scheduled two hearings on a proposal to amend these provisions: in Chicago on March 15, and in Bloomington on
May 25. The TACO standards affect people and entities throughout the state, and this proposal has already
generated strong interest.
Also, the Board anticipates that the Illinois Environmental Protection Agency, by the summer of this year,
will propose rules governing the land application of sewage sludge. The Board expects these
rules to address matters including pollutant limits, pathogen reduction requirements, and vector
control measures applicable to this process. Once the Agency files this proposal, the Board will
conduct hearings required by the Environmental Protection Act.
Finally, the Board is now actively moving forward with a proposal amending its procedural rules to allow
for electronic filing through the Board’s “Clerk’s Office On-Line” (COOL). This change would almost certainly
reduce the use of paper and help parties reduce the expense and effort of filing in Board proceedings. The Board
expects to file this proposal before the end of spring.
While the Board will certainly continue to decide contested cases, these and other rulemakings will be a
large and significant part of our workload. We invite you to participate in these proceedings and assist us in making
sound environmental policy for our state.
Sincerely,
J. Philip Novak
Chairman
Environmental Register – February 2004
Inside This Issue:
FEDERAL UPDATE
P. 1
RULE UPDATE
P. 2
BOARD ACTIONS
P. 4
NEW CASES
P. 10
BOARD CALENDAR
P. 11
IEPA RESTRICTED STATUS LIST
P. 14
IEPA CRITICAL REVIEW LIST
P. 15
Federal Update
United States Environmental Protection Agency Proposes Amendments to the Standards of Performance for
New Stationary Sources and Emission Guidelines for Commercial or Industrial Solid Waste Incineration
Units Under the Clean Air Act
On February 17, 2004 (69 Fed. Reg. 7390), the United States Environmental Protection Agency (USEPA) proposed
amendments to the standards of performance for new stationary sources and emission guidelines for existing
sources: commercial or industrial solid waste incineration units.
The USEPA specifically solicits public comment on definitions of “solid waste,” “commercial and industrial waste,”
and “commercial and industrial solid waste incineration unit,” for purposes of new source performance standards
and emission guidelines for commercial and industrial solid waste incineration (CISWI) units under section 129 of
the Clean Air Act.
The rulemaking is based on amendments adopted by USEPA on December 1, 2000 (65 Fed. Reg. 75337), for
CISWI units. To end a challenge in federal court, after promulgation of the final CISWI rule, USEPA accepted a
voluntary remand, without vacature. Because the final CISWI rule was not vacated, its requirements remain in
effect during the remand. Also, subsequent to promulgation of the final CISWI rule, USEPA granted a petition for
reconsideration related to the definitions of “solid waste” and “commercial and industrial waste.” This notice
provides for additional proceedings related to these definitions, consistent with USEPA's grant of the earlier petition
for reconsideration.
Comments must be received on or before March 18, 2004 and should be sent to: Air and Radiation Docket and
Information Center (6102T), Attention, Docket ID No. OAR-2003-0119, U.S. EPA, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460.
For further information contact Fred Porter at (919) 541-5251, Emission Standards Division (C439-01), U.S.
Environmental Protection Agency, Research Triangle Park, NC 27711.
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).
1
Environmental Register – February 2004
United States Department of Justice Requests Public Comment on Amended Consent Decree in Federal
Court Action Under the Comprehensive Environmental Response, Compensation and Liability Act
Concerning Johns Manville Waukegan Disposal Site
On February 20, 2004 (69 Fed. Reg. 7982), the United States Department of Justice published notice that on
February 11, 2004, a proposed First Amended Consent Decree (Amended Decree) in United States and People of
the State of Illinois, ex rel. Madigan v. Manville Sales Corporation, Civil Action No. 88C 630, was lodged with the
United States District Court for the Northern District of Illinois.
In this action, the United States asserted claims under 42 U.S.C. 9606 and 9607 to require Manville Sales
Corporation, now known as Johns Manville, to perform certain response actions and to reimburse response costs
incurred by the United States. These response costs and actions relate to releases and threatened releases of
hazardous substances at the Johns Manville Waukegan Disposal Area in Waukegan, Illinois (the “Site”). The State
of Illinois intervened in the action, which was resolved in March of 1988, through entry of a Consent Decree. Johns
Manville agreed to perform a remedial action that the United States Environmental Protection Agency (USEPA)
selected in a Record of Decision dated June 30, 1987. During construction of the remedy required under the 1988
Decree, USEPA issued two Explanations of Significant Differences approving changes to certain aspects of the
remedy. The Amended Decree provides for implementation of these changes.
Requirements modified or added by the Amended Decree include: (1) requirements for cleanup of additional on-
site areas where asbestos was discovered after entry of the 1988 Consent Decree; (2) revised design specifications
for cover materials required in certain areas of the site; (3) provisions requiring excavation or capping of
contaminated sediments in the Industrial Canal and closure of other on-site landfill areas and wastewater treatment
system units used in Johns Manville's operations at the Site until 1998; (4) provisions restricting land use to prevent
interference with the integrity or protectiveness of the remedy; and (5) provisions requiring that any subsequent
conveyances of property at the Site be subject to environmental easements and restrictive covenants. The Amended
Decree also updates various provisions of the Consent Decree to reflect more closely language of USEPA's RD/RA
Model Consent Decree.
The Department of Justice will receive public comment on the Amended Decree until March 21, 2004. Comments
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. Manville Sales
Corporation, D.J. Ref. 90-11-1-7B.
The Amended Decree may be examined at the Office of the United States Attorney, 219 South Dearborn Street,
Chicago, Illinois 60604, and at USEPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. During the
public comment period, the Amended Decree, may also be examined on the following Department of Justice Web
site: http://www.usdoj.gov/enrd/open.html.
Rule Update
Board Adopts Second Notice Opinion and Order in
Proposed Amendments to: Public Participation Rules In 35 Ill.
Adm. Code 309 NPDES Permits And Permitting Procedures (R03-19)
On February 19, 2004, the Board adopted a second notice opinion and order in Proposed Amendments to: Public
Participation Rules In 35 Ill. Adm. Code 309 NPDES Permits And Permitting Procedures (R03-19). The Board has
sent the rulemaking, pursuant to the Illinois Administrative Procedure Act (5 ILCS 100/1-1
et seq.
(2002)), to the
Joint Committee on Administrative Rules (JCAR) for its review and approval. The proposed amendments will be
considered at the March 23, 2004 JCAR meeting. The Board made two substantive changes to the proposal it
adopted for first notice on September 4, 2003 (published in the
Illinois Register
at 27 Ill. Reg. 14765 (September 19,
2003)).
The second notice proposal incorporates suggestions from testimony and public comments generated during the first
notice comment period and at the third public hearings held in this rulemaking on November 19, 2003. Testifiers
2
Environmental Register – February 2004
and commenters included: the proponents (Environmental Law and Policy Center of the Midwest, the Illinois
Chapter of the Sierra Club, and the Prairie Rivers Network), Illinois Environmental Protection Agency (IEPA),
Illinois Environmental Regulatory Group (IERG), Illinois American Water Company (IAWC), Illinois Coal
Association (IAC), and the Illinois Association of Wastewater Agencies (IAWA). The issues raised in comments
and at the hearing during first notice focused primarily on language in three Sections: 309.113(a)(5), 309.120, and
309.143.
The first substantive change made by the Board was generated by comments on Section 309.120. The participants
in this rulemaking identified subsection 309.120(a) (4) as being confusing. The proponents agreed that this
subsection could be deleted. In response to these comments, the Board deleted the proposed subsection
309.120(a)(4). Additional comments on this Section from ICA, IERG, and IAWA focused on the concern that
reopening a comment period could delay the issuance of a permit, and questioned whether or not the IEPA will
reopen the public comment period after an applicant submits additional information. The proponents also
requested that the Board add some additional language to clarify the IEPA’s authority to reopen a comment period.
However, the Board stated in its opinion that the proposed language in the rules already states the criteria the IEPA
will use in determining whether or not to reopen the comment period, and that if the submission of additional
information from an applicant results in a permit which is not the logical outgrowth of the draft permit, IEPA will
reopen the comment period pursuant to Section 309.120(a)(1)-(3).
The other substantive change to the rules was made in Section 309.143(a). In their comments ICA, IAWA, and
IERG requested that the Board include federal language to explain an excursion or violation of a water quality
standard. The Proponents agreed to the addition of the language. The Board added additional language from 40
CFR 122.44(d)(1)(i) to the proposed language at 309.143(a).
In Section 309.113(a)(5) IEPA asked that the Board strike the provision requiring a summary of changes for
reissued permits. IAWA and IERG also asked that this requirement be dropped, stating that it might be too
burdensome for the IEPA to comply with and still issue permits in a timely manner. The Proponents of the
rulemaking commented that the language asks only for a summary of changes, not an itemized listing, and that in
cases of numerous changes the IEPA could simply note that much of the permit has changed and advise the public
to review the old and new permit. The Board did not make any changes to the language in Section 309.113(a)(5),
finding that the proposed language clearly calls for a summary of the permit changes, and is not intended to require
a detailed listing of all modifications.
The purpose of this rulemaking is to clarify rules for issuance of NPDES permits by the IEPA, including provisions
for public participation. The proposal codifies the IEPA’s existing practice when reviewing and issuing NPDES
permits, requires additional information in NPDES permit fact sheets prepared for the public by IEPA, identifies
when the public comment period can be reopened, requires control of pollutants and pollutant parameters that may
potentially violate water quality standards, and requires reports adequate to determine compliance with monitoring
requirements. The Board’s rulemaking is based on the proposal filed by the Environmental Law and Policy Center
of the Midwest, Illinois Chapter of the Sierra Club, Prairie Rivers Network, and 225 citizen petitioners (collectively
“the proponents”) on January 13, 2003.
Copies of the Board’s opinion and order in R03-19 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 more information contact Marie Tipsord at (312) 814-4925 or email at tipsordm@ipcb.state.il.us.
3
Environmental Register – February 2004
Board Actions
February 5, 2004
Via Teleconference
Chicago and Springfield, Illinois
Adjusted Standards
AS 04-1
In the Matter of: Petition of Crownline Boats, Inc. for an Adjusted Standard
from 35 Ill. Adm. Code 215.301 – The Board accepted for hearing this Franklin
County facility’s petition for an adjusted standard from the volatile organic
material limitations. The Board granted petitioner’s motions for expedited
review and for permission for attorney Dale A. Guariglia to appear
pro hac vice.
4-0
Air
Administrative Citations
AC 04-19
IEPA v. Christopher Coleman – The Board granted complainant’s motion to
reconsider, vacated the Board’s December 18, 2003 order and dismissed this
administrative citation, and closed the docket.
4-0
AC 04-26
IEPA v. Charles Flick – The Board found that this Union County respondent
violated Section 21(p)(1), (p)(3), and (p)(7) of the Act (415 ILCS 5/21(p)(1),
(p)(3), (p)(7) (2002)), and ordered respondent to pay a civil penalty of $4,500.
4-0
AC 04-28
IEPA v. American Disposal Services of Illinois, Inc. and David Bryant – The
Board found that these Livingston County respondents violated Section
21(o)(12) of the Act (415 ILCS 5/21(o)(12) (2002)), and ordered respondents to
pay a civil penalty of $500.
4-0
AC 04-29
IEPA v. Charles Parker – The Board granted complainant’s motion for voluntary
dismissal of this administrative citation involving a Logan County facility.
4-0
AC 04-30
IEPA v. Larry Lord – The Board found that this Marshall County respondent
violated Section 21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7)
(2002)), and ordered respondent to pay a civil penalty of $3,000.
4-0
AC 04-32
IEPA v. Rosemary Pehm – The Board accepted for hearing this petition for
review of an administrative citation against this Marshall County respondent.
4-0
AC 04-34
IEPA v. Troy Williamson and Swords Vaneer & Lumber Company – The Board
accepted for hearing two petitions for review of an administrative citation against
these Henry County respondents.
4-0
AC 04-39
County of Jackson v. Edward Tow – The Board accepted for hearing this petition
for review of an administrative citation against this Jackson County respondent.
4-0
4
Environmental Register – February 2004
Decisions
PCB 02-162
People of the State of Illinois v. Fox Valley Dry Wall, Inc. – The Board directed
the parties to file with the Clerk information clarifying the authority on which the
Board may rely in ordering payment of fees and costs to the specified fund in the
stipulation by March 8, 2004.
4-0
L-E
Motions and Other Matters
PCB 99-19
Karen & Anthony Roti, Paul Rosenstrock, and Leslie Weber v. LTD
Commodities – The Board granted in part respondent’s motions to supplement
and for reconsideration, modifying the Board’s July 24, 2003 final opinion and
order.
3-1
Johnson
dissented
A-E
PCB 99-188
L. Keller Oil Properties, Inc. v. IEPA – The Board granted petitioner’s motion
for voluntary dismissal of this underground storage tank appeal involving a
Macon County facility.
4-0
UST Appeal
PCB 01-46
PCB 01-51
Cons.
XCTC Limited Partnership v. IEPA; Georgia-Pacific Tissue, L.L.C. v. IEPA –
The Board granted respondent’s motion to dismiss petitioner’s amended petition.
The permit appeal shall proceed to hearing on the original petition for appeal.
4-0
P-A, Air
PCB 02-49
Fox River Water Reclamation District (South Plant) v. IEPA – The Board
granted petitioner’s motion for voluntary dismissal of this permit appeal
involving a Kane County facility.
4-0
P-A,
NPDES
PCB 03-88
PCB 04-109
R.W. Sheridan Oil Co., Inc. v. IEPA – The Board granted petitioner’s motion to
consolidate PCB 03-88 and PCB 04-109 underground storage tank appeals
involving a McLean County facility.
4-0
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 petitioner County of
Kankakee's motion to supplement the record in these consolidated pollution
control facility siting appeals involving a proposed facility in Kankakee County.
4-0
P-C-F-S-R
3d Party
PCB 04-73
A&R, 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 Cook County facility.
4-0
UST Appeal
5
Environmental Register – February 2004
PCB 04-74
Clearing Disposal 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.
4-0
UST Appeal
PCB 04-76
Carrollton CUSD #1 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 Greene County facility.
4-0
UST Appeal
PCB 04-77
Action Amusement Company v. IEPA – Having previously granted a request for
a 90-day extension, the Board dismissed this matter because no underground
storage tank appeal was filed on behalf of this Washington County facility.
4-0
UST Appeal
PCB 04-110
Board of Trustees of Eastern Illinois University v. IEPA – The Board granted
petitioner’s motion to stay effectiveness of the CAAPP Permit pending decision
of this appeal.
4-0
P-A, Air
PCB 04-113
Ethyl Petroleum Additives, Inc. v. IEPA – The Board granted petitioner’s motion
to stay effectiveness of the CAAPP Permit pending decision of this appeal.
4-0
P-A, Air
PCB 04-128
Boye Needle Facility 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.
4-0
UST Appeal
90-Day Ext.
PCB 04-129
Brock 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
McLean County facility.
4-0
UST Appeal
90-Day Ext.
PCB 04-130
Drake Tower Apartments, 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.
4-0
UST Appeal
90-Day Ext.
PCB 04-131
Circle C, Inc. v. IEPA – The Board accepted for hearing this underground
storage tank appeal involving a Jersey County facility.
4-0
UST Appeal
PCB 04-132
Granite City Fire Department v. IEPA – The Board granted this request for a 90-
day extension of time to file an underground storage tank appeal on behalf of this
Madison County facility.
4-0
UST Appeal
90-Day Ext.
6
Environmental Register – February 2004
PCB 04-133
Keller Oil Company/Sullivan Super K v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Moultrie County facility.
4-0
UST Appeal
PCB 04-134
People of the State of Illinois v. Interstate Brands Corporation – The Board
accepted for hearing this air enforcement action involving a site located in Cook
County.
4-0
A-E
PCB 04-135
People of the State of Illinois v. GF Office Furniture, Ltd. L.P., Office Suites,
Inc., Inc., GF Office Furniture, Ltd. L.P., and GF Furniture Holding, Inc. – The
Board accepted for hearing this air enforcement action involving a site located in
Cook County.
4-0
A-E
PCB 04-136
People of the State of Illinois v. Cromwell-Phoenix, Inc. – The Board accepted
for hearing this air enforcement action involving a site located in Cook County.
4-0
A-E
PCB 04-137
People of the State of Illinois v. Robinson Carbon, Inc. – The Board accepted for
hearing this air enforcement action involving a site located in Crawford County.
4-0
A-E
PCB 04-138
People of the State of Illinois v. Pinnacle Corporation d/b/a Town & Country
Homes – The Board accepted for hearing this air enforcement action involving a
site located in Lake County.
4-0
W-E
February 19, 2004
Chicago, Illinois
Rulemakings
R03-19
In the Matter of: Proposed Amendments to: Public Participation Rules in 35 Ill.
Adm. Code 309 NPDES Permits and Permitting Procedures – The Board adopted
a second notice opinion and order in this rulemaking to amend the Board’s water
pollution control regulations.
5-0
R, Water
Administrative Citations
AC 04-31
IEPA v. Equipping the Saints Ministry, International, Inc. – The Board accepted
for hearing this petition for review of an administrative citation against this
Macoupin County respondent.
5-0
AC 04-33
IEPA v. Everett C. Gover Trust c/o Rebecca Cloney, Trustee – The Board found
that this Montgomery County respondent violated Section 21(p)(1) of the Act
(415 ILCS 5/21(p)(1) (2002)), and ordered respondent to pay a civil penalty of
$1,500.
5-0
7
Environmental Register – February 2004
Decisions
PCB 98-80
People of the State of Illinois v. Craig Linton and Randy Rowe – In this land
enforcement action concerning a LaSalle 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
$6,000 and to cease and desist from further violations.
5-0
L-E
PCB 03-73
People of the State of Illinois v. Riverdale, Inc. and Tri-State Disposal – 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
$9,000 and to cease and desist from further violations.
5-0
L-E
PCB 04-8
People of the State of Illinois v. Greg Prey, individually and d/b/a King Tire – In
this land enforcement action concerning a LaSalle 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 $5,000 and to cease and desist from further violations.
5-0
L-E
Motions and Other Matters
PCB 02-77
People of the State of Illinois v. Millenium Recycling & Solid Waste
Consultants, Inc., Sherri Clementi individually and as President of Millenium
Recycling & Solid Waste Consultants, Inc., and Michael Lorence individually –
The Board granted complainant’s motion for summary judgment as to all counts
in the amended complaint. The Board found that all the respondents violated
Section 21(a), 21(d)(1), 21(e), and 21(p)(1) of the Environmental Protection Act,
(415 ILCS 5/21(a), (d)(1), (e) and (p)(1) (2002)) and ordered the respondents to
pay a total civil penalty of $25,000.
5-0
L-E
PCB 02-211
Stein Steel Mill Services, Inc. v. IEPA – The Board granted petitioner’s motion
for voluntary dismissal of this permit appeal involving a Madison County
facility.
5-0
P-A, Air
PCB 03-5
People of the State of Illinois v. Star Electronics, Inc. – Upon receipt of a
proposed stipulation and settlement agreement and an agreed motion to request
relief from the hearing requirement in this air enforcement action involving a
Cook County facility, the Board ordered publication of the required newspaper
notice.
5-0
A-E
PCB 03-55
PCB 04-29
2222 Elston L.L.C. v. Purex Industries, Inc., Federal Die Casting Company,
Federal Chicago Corporation, and Raymond E. Cross; The City of Chicago v.
Purex Industries, Inc., Federal Die Casting Company, Federal Chicago
Corporation, and Raymond E. Cross – The Board granted the parties’motions to
5-0
Citizens
L-E
8
Environmental Register – February 2004
dismiss these consolidated enforcement actions as to all respondents. The Board
closed both dockets.
PCB 04-22
Wei Enterprises v. IEPA – The Board granted petitioner’s motion to reconsider
and affirmed its December 4, 2003 decision to dismiss this untimely petition for
review.
5-0
UST Appeal
PCB 04-23
Wei Enterprises v. IEPA – The Board granted petitioner’s motion to reconsider
and affirmed its December 4, 2003 decision to dismiss this untimely petition for
review.
5-0
UST Appeal
PCB 04-26
L. Erickson v. Charleston Classic Homes and Lawrence E. Vansomeren, Jr. –
The Board granted complainant’s motion for voluntary dismissal of this citizens
noise enforcement action involving a DuPage County facility.
5-0
Citizens
N-E
PCB 04-78
Lemont Kar Gas 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 04-80
Lincoln Technical Institute 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 04-82
Webel Foods, Inc., Pittsfield 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 Pike County facility.
5-0
UST Appeal
PCB 04-117
Saline County Landfill, Inc. v. IEPA and the County of Saline, intervener – The
Board granted the County of Saline’s motion to intervene and denied petitioner’s
motion requesting to change the location of the hearing to Sangamon County.
5-0
P-A, Land
PCB 04-139
People of the State of Illinois v. Decatur Foundry, Inc. – The Board accepted for
hearing this Resource Conservation and Recovery Act enforcement action
involving a site located in Macon County.
5-0
RCRA-E
PCB 04-140
People of the State of Illinois v. Whiteway Sanitation, Inc. – The Board accepted
for hearing this land enforcement action involving a site located in Jersey
County.
5-0
L-E
PCB 04-141
Illinois State Toll Highway Authority (Lincoln South HPCAP/B) 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.
9
Environmental Register – February 2004
New Cases
February 5, 2004 Board Meeting
04-129
Brock 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 McLean County facility.
04-130
Drake Tower Apartments, 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.
04-131
Circle C, Inc. v. IEPA – The Board accepted for hearing this underground storage tank appeal involving a
Jersey County facility.
04-132
Granite City Fire Department v. IEPA – The Board granted this request for a 90-day extension of time to file
an underground storage tank appeal on behalf of this Madison County facility.
04-133
Keller Oil Company/Sullivan Super K v. IEPA – The Board accepted for hearing this underground storage
tank appeal involving a Moultrie County facility.
04-134
People of the State of Illinois v. Interstate Brands Corporation – The Board accepted for hearing this air
enforcement action involving a site located in Cook County.
04-135
People of the State of Illinois v. GF Office Furniture, Ltd. L.P., Office Suites, Inc., Inc., GF Office
Furniture, Ltd. L.P., and GF Furniture Holding, Inc. – The Board accepted for hearing this air enforcement action
involving a site located in Cook County.
04-136
People of the State of Illinois v. Cromwell-Phoenix, Inc. – The Board accepted for hearing this air
enforcement action involving a site located in Cook County.
04-137
People of the State of Illinois v. Robinson Carbon, Inc. – The Board accepted for hearing this air
enforcement action involving a site located in Crawford County.
04-138
People of the State of Illinois v. Pinnacle Corporation d/b/a Town & Country Homes – The Board accepted
for hearing this air enforcement action involving a site located in Lake County.
AC 04-035
County of Montgomery v. Lance and Christine Vernish – The Board accepted an administrative citation
against these Montgomery County respondents.
AC 04-036
IEPA v. V-Max Materials, Inc. – The Board accepted an administrative citation against this DuPage
County respondent.
AC 04-037
County of Jackson v. Gary Clover – The Board accepted an administrative citation against this Jackson
County respondent.
AC 04-038
IEPA v. Emmett Engel – The Board accepted an administrative citation against this JoDavies County
respondent.
AC 04-039
County of Jackson v. Edward Tow – The Board accepted for hearing this petition for review of an
administrative citation against this Jackson County respondent.
AC 04-040
IEPA v. Knox County Landfill Committee and Greg Ingles – The Board accepted an administrative
citation against these Knox County respondents.
AC 04-041
IEPA v. Cheryl Clayton – The Board accepted an administrative citation against this Adams County
respondent.
AC 04-042
County of Jackson v. Gary Easton – The Board accepted an administrative citation against this Jackson
County respondent.
AC 04-043
County of Jackson v. Frank Stonemark – The Board accepted an administrative citation against this
Jackson County respondent.
AC 04-044
County of Jackson v. Gary Easton – The Board accepted an administrative citation against this Jackson
County respondent.
10
Environmental Register – February 2004
AC 04-045
IEPA v. Herbert Lust d/b/a Bement Plumbing Supply Company and Francis Ann Lust – The Board
accepted an administrative citation against this Platt County respondent.
AC 04-046
IEPA v. Christopher Coleman – The Board accepted an administrative citation against this Union
County respondent.
February 19, 2004 Board Meeting
04-139
People of the State of Illinois v. Decatur Foundry, Inc. – The Board accepted for hearing this Resource
Conservation and Recovery Act enforcement action involving a site located in Macon County.
04-140
People of the State of Illinois v. Whiteway Sanitation, Inc. – The Board accepted for hearing this land
enforcement action involving a site located in Jersey County.
04-141
Illinois State Toll Highway Authority (Lincoln South HPCAP/B) 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.
Calendar
3/03/04
11:00AM
AC 04-18
IEPA v. Luther Coleman (IEPA No. 514-03-AC)
Saline County Detention Center
1 N. Main St.
Harrisburg
3/03/04
12:00PM
PCB 04-117
Saline County Landfill, Inc. v. IEPA and County of
Saline, Intervenor
Saline County Detention Center
1 N. Main St.
Harrisburg
3/04/04
11:00AM
Illinois Pollution
Control Board Meeting
Illinois Pollution Control Board
Hearing Room 1244 N, First Floor
1021 N. Grand Avenue East
Springfield
3/09/04
9:00AM
PCB 02-164
Barbara and Ronald Stuart v. Franklin Fisher
Bolingbrook Village Hall Boardroom
375 West Briar Cliff Road
Bolingbrook
3/10/04
9:00AM
PCB 02-164
Barbara and Ronald Stuart v. Franklin Fisher
Bolingbrook Village Hall Boardroom
375 West Briar Cliff Road
Bolingbrook
3/10/04
9:30AM
PCB 03-16
King’s 66 Service Station v. IEPA
Madison County Administration Building
Room 203
157 N. Main Street
Edwardsville
3/15/04
10:00AM
R04-22
In the Matter of: Proposed Amendments to
Regulation of Petroleum Leaking Underground
Storage Tanks (35 Ill. Adm. Code 732)
(Consolidated: R04-22 and R04-23)
James R. Thompson Center
100 W. Randolph, Room 2-025
Chicago
3/15/04
10:00AM
R04-23
In the Matter of: Regulation of Petroleum Leaking
Underground Storage Tanks
(Proposed new 35 Ill. Adm. Code 734)
(Consolidated: R04-22 and R04-23)
James R. Thompson Center
100 W. Randolph, Room 2-025
Chicago
3/17/04
9:00AM
PCB 96-10
Vogue Tyre & Rubber Company v. IEPA
Illinois Pollution Control Board
Room 11-512
100 West Randolph Street
Chicago
11
Environmental Register – February 2004
3/18/04
11:00AM
Illinois Pollution
Control Board Meeting
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago
3/18/04
1:30PM
R04-12
Technical Correction to Formulas in 35 Ill. Adm.
Code 214 "Sulfur Limitations"
Illinois Pollution Control Board
Room 11-512
100 West Randolph Street
Chicago, IL
3/18/04
1:30PM
R04-20
In the Matter of: Clean-Up Part III, Amendments to
35 Ill. Adm. Code Part 211, 218, and 219
Illinois Pollution Control Board
Room 11-512
100 West Randolph Street
Chicago, IL
3/23/04
9:00AM
PCB 01-43
People of the State of Illinois ex rel. Gary W. Pack,
McHenry County State’s Attorney v. Michael
Stringini
McHenry County Government Center
Grand Jury Room, Room A210
2200 North Seminary Avenue
Woodstock
3/25/04
10:00AM
R04-23
In the Matter of: Regulation of Petroleum Leaking
Underground Storage Tanks (Proposed new 35 Ill.
Adm. Code 734) (Consolidated: R04-22 and R04-
23)
McLean County Law and Justice Center
104 S. Front Street, Room 700
Bloomington
4/01/04
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
4/1/04
1:30PM
R04-21
In the Matter of: Revisions to Radium Water Quality
Standards: Proposed new 35 Ill. Adm. 302.307 and
amendments to 35 Ill. Adm. Code 302.207 and
302.525
James R. Thompson Center, Room 8-033
100 West Randolph Street
Chicago
4/05/04
1:00PM
AC 04-13
City of Chicago Department of Environment v.
Eddie Greer
Illinois Pollution Control Board
Room 11-512
100 West Randolph Street
Chicago
4/7/04
10:00AM
AC 04-27
IEPA v. Douglas S Carrico d/b/a Carricos Auto Heap
City Hall Council Room
621 S. Main Street
Carrolton
4/14/04
AC 04-25
IEPA v. Colorado Real Estate & Investment Co.
(Kingspark Mobile Estates)
Peoria County Board Room
324 Main Street
Peoria
4/15/04
11:00AM
Illinois Pollution
Control Board Meeting
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago
4/232/04
12:00PM
AS 04-25
In the Matter of: Petition of Crownline Boats, Inc.
for an Adjusted Standard from 35 IAC Section
215.301
West Frankfort City Hall
201 East Nolen Street, Council Room
West Frankfort
12
Environmental Register – February 2004
5/6/04
Illinois Pollution
Control Board Meeting
Illinois Pollution Control Board
Hearing Room 1244 N, First Floor
1021 N. Grand Avenue East
Springfield
5/6/04
1:30pm
R04-12
Technical Correction to Formulas in 35 Ill. Adm.
Code 214 "Sulfur Limitations"
Illinois Pollution Control Board Hearing
Room
1021 N. Grand Avenue east, North Entrance
Springfield
5/6/04
1:30pm
R04-20
In the Matter of: Clean-Up Part III, Amendments to
35 Ill. Adm. Code Part 211, 218, and 219
Illinois Pollution Control Board Hearing
Room
1021 N. Grand Avenue East, North Entrance
Springfield
5/6/04
2:30pm
R04-21
In the Matter of: Revisions to Radium Water Quality
Standards: Proposed new 35 Ill. Adm. 302.307 and
amendments to 35 Ill. Adm. Code 302.207 and
302.525
Illinois Pollution Control Board Hearing
Room
1021 N. Grand Avenue East, North Entrance
Springfield
5/20/04
Illinois Pollution
Control Board Meeting
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago
5/25/04
9:00AM
R04-22
In the Matter of: Proposed Amendments to
Regulation of Petroleum Leaking Underground
Storage Tanks (35 Ill. Adm. Code 732)
(Consolidated: R04-22 and R04-23)
McLean County Law and Justice Center
104 S. Front, Room 700
Bloomington
13
Environmental Register – February 2004
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
DIVISION OF WATER POLLUTION CONTROL
RESTRICTED STATUS LIST
In order to comply with 35 Illinois Administrative Code Section 306.401, Illinois Pollution Control Board
Regulations, the Illinois EPA has prepared the following list of facilities which are on Restricted Status. Restricted
Status is defined as the Agency determination that a sewer or lift station has reached hydraulic capacity or that a
sewage treatment plant has reached design capacity, such that additional sewer connection permits may no longer be
issued without causing a violation of the Act or Regulations. Please note that the list is continually being revised to
reflect the current situation. Therefore, if you have any questions on the capability of a treatment facility or
transport system, please contact this Agency for a final determination. This listing reflects the status as of
December 31, 2003.
Facility names followed by an asterisk (*) indicates that construction is underway to ultimately alleviate problems,
which resulted in imposition of Restricted Status. Facilities followed by a double asterisk (**) are additions to the
list.
FACILITY NAME
RESPONSIBLE AUTHORITY
COUNTY
REMAINING
CAPACITY
Bonnie Brae Forest Manor SD
STP
Bonnie Brae Forest Manor SD
Will
0
Bourbonnais (Belle Aire Subd.)
Village of Bourbonnais
Kankakee
0
Camelot Utilities
Wastewater Collection System
Camelot Utilities
Will
0
Camp Point
(a portion mh 60-68)
Village of Camp Point
Adams
0
Clearview S.D.
Clearview S.D.
McLean
0
East Alton
City of East Alton
Madison
0
Farmington
City of Farmington
Fulton
0
Hurst & Blairville Collection
SYSTEM
City of Hurst
Williamson
0
Lockport Heights SD STP
City of Lockport
Will
0
Maple Lawn Homes STP
Maple Lawn Homes
Woodford
0
Poplar Grove South STP
Village of Poplar Grove
Boone
0
Poplar Grove North STP
Village of Poplar Grove
Boone
0
Port Byron STP
Village of Port Byron
Rock Island
0
Rosewood Heights S.D.-
Ninth Street LS
Rosewood Heights S.D.
Madison
0
Saint Elmo
City of Saint Elmo
Fayette
0
South Palos Twp. SD
South Palos Twp.
South Palos Twp.
0
Sundale Utilities – Washington Estates
STP
Sundale Utilities Corporation
Tazewell
0
Taylorville-Shawnee Ave.
PUMP STATION
City of Taylorville
Christian
0
Utilities Unlimited
Utilities Unlimited
Will
0
Washington (Rolling Meadows)
City of Washington
Tazewell
0
Deletions from previous quarterly report: None
Additions from previous quarterly report: Sundale Utilities Corp. – Washington Estates STP
14
Environmental Register – February 2004
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
DIVISION OF WATER POLLUTION CONTROL
CRITICAL REVIEW LIST
In order to comply with 35 Illinois Administrative Code Section 306.401, Illinois Pollution Control Board
Regulations, the Illinois Environmental Protection Agency has prepared the following list of facilities which are on
Critical Review. Critical Review as defined as the Agency determination that a sewer or lift station is approaching
hydraulic capacity or that a sewage treatment plant is approaching design capacity such that additional sewer
connection permit applications will require close scrutiny to determine whether issuance would result in a violation
of the Act or Regulations. Please note that these lists are continually being revised to reflect the current situation.
Therefore, if you have any questions on the capability of a treatment facility or transport system, please contact the
Agency for a final determination. This listing reflects the status as of December 31, 2003.
Facility names followed by a double asterisk (**) are additions to the list.
FACILITY
NAME
RESPONSIBLE
AUTHORITY
COUNTY
REMAINING
CAPACITY
PE ADDED
SINCE
LAST LIST
Antioch STP
Village of Antioch
Lake
738
632
Beardstown SD
City of Beardstown
Cass
1,731
38
Benton-Southeast STP
City of Benton
Franklin
60
0
Bethalto (L.S. #1)
Village of Bethalto
Madison
87
0
Carrier Mills
Village of Carrier Mills
Saline
836
0
Carrollton
City of Carrollton
Greene
140
0
Chester STP
City of Chester
Randolph
485
0
Citizens Utilities Co. of Ill.-
River
Grange
Citizens Utilities Co.
of
Ill.
Will
10
0
Dakota
Village of Dakota
Stephenson
90
0
Downers Grove S.D.
Downers Grove S.D.
DuPage
3,339
149
East Dundee STP
Village of E. Dundee
Kane
556
0
Elkville
Village of Elkville
Jackson
6
0
Ferson Creek Utilities Co.
Utilities, Inc.
Will
70
0
LCPWD-Diamond-
Sylvan
STP
County of Lake Public
Works
Department
Lake
0
0
Lake Barrington Home
Owners Assn. STP
Lake Barrington Home
Owners
Assn.
Lake
80
0
Lindenhurst S.D.
Village of
Lindenhurst
Lake
5
819
Lockport
City of Lockport
Will County
395
0
Moline (North Slope)
City of Moline
Rock Island
1,151
0
Morris STP
City of Morris
Grundy
0
358
New Lenox STP 1**
Village of New Lenox
Will
1,890
150
Paris STP
City of Paris
Edgar
0
91
Plainfield South STP
Village of Plainfield
Will
0
0
Rock Island (Main)
City of Rock Island
Rock Island
4,570
0
Streator
City of Streator
LaSalle/
Livingston
1,100
0
Thompsonville STP
Village of Thompsonville
Franklin
0
0
Wauconda – Remaining
Collection
System
& Lakeview Villa LS
Village of Wauconda
Lake
***
259
Wauconda WWTP
Village of Wauconda
Lake
18
15
Environmental Register – February 2004
Deletions from previous quarterly report: Earlville STP
Additions from previous quarterly report: None
***Contact IEPA – Permit Section
MAP:\epa1176\rscr\rscr3q03final.doc
16
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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
