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
During the 2004 legislative session, the Illinois Pollution Control
Board monitored a number of bills relating to environmental protection.
Governor Rod Blagojevich recently singed two of those bills into law.
Senate Bill 2551 amends the Environmental Protection Act and
enacts two prohibitions. First, beginning July 1, 2005, it forbids the
purchase or acceptance, for use in a primary or secondary school classroom,
of bulk elemental mercury, chemicals containing mercury compounds, or
instructional equipment or materials containing mercury added during their
manufacture. Second, beginning July 1, 2007, it also forbids the sale, offer
to sell, distribution, or offer to distribute a mercury switch or mercury relay
individually or as a product component. SB 2551 excludes specified
products from these prohibitions. The bill also allows a manufacturer of a
mercury switch or mercury relay or certain other products containing
mercury to apply to the Illinois Environmental Protection Agency by July 1,
2006 for a five-year exemption from these prohibitions, and it establishes a process for the application for and
renewal of the exemption.
The bill also designates mercury switches or mercury relays, and scientific instruments and instructional
equipment containing mercury added during their manufacture as “universal waste” subject to the streamlined
hazardous waste rules of the Illinois Administrative Code.
See
35 IAC 733.101
et seq
.
The bill further provides
that, within 60 days of the effective date of this Act, the IEPA must propose rules and, within 180 days of receiving
this proposal, the Board must adopt rules reflecting this designation. It further provides that, if the United States
Environmental Protection Agency adopts streamlined hazardous waste rules pertaining to the management of
specified items containing mercury or otherwise exempts those items from regulation as hazardous waste, then the
Pollution Control Board must adopt equivalent rules within 180 days.
SB 2551, sponsored by Senator Mattie Hunter of Chicago and Representative Karen May of Highland
Park, took effect as Public Act 93-0964 upon becoming law on August 20, 2004.
House Bill 4247 amends the Open Meetings Act (“Act”). The bill r
equires public bodies to keep
written minutes of all meetings whether open or closed, while the Act now only requires written minutes of open
meetings. The bill removes the requirement that the Board review verbatim recordings of closed meetings to
determine whether the need for non-disclosure continues, but it maintains that requirement for written minutes of
closed meetings.
The bill also prohibits the inspection of the verbatim record of a closed meeting (including
for discovery purposes) in a judicial proceeding, with the exception of a judicial proceeding to determine
whether the Act has been violated. HB 4247 requires a court's examination of verbatim records in a civil
proceeding to be conducted in camera. The bill also requires that the initial examination in a criminal
proceeding must be in camera.
HB 4247, sponsored by Representative Bill Black of Danville and Senator Dale Righter of
Mattoon, will take effect as P.A. 93-0974 on January 1, 2005.
As I mentioned last month, the Board will be a co-sponsor of the Illinois Environmental Conference on
October 7-8 in Chicago. This year’s meeting, entitled “Evolutions in Law & Policy,” will include a wide range of
speakers. If you have questions about the conference, please contact the Chicago Bar Association’s ticketing
department at 312-554-2056 or e-mail their continuing legal education department at cle@chicagobar.org.
Sincerely,
J. Philip Novak
Chairman
Environmental Register – August 2004
1
Inside This Issue:
FEDERAL UPDATE
P. 1
APPELLATE UPDATE
P. 2
RULE UPDATE
P. 5
BOARD ACTIONS
P. 6
NEW CASES
P. 11
BOARD CALENDAR
P. 13
Federal Update
Under the Clean Air Act, United States Environmental Protection Agency Stays Effectiveness of Certain
National Emission Standards for Hazardous Air Pollutants Requirements for Two Subcategories of
Stationary Combustion Turbines
On August 18, 2004 (69 Fed. Reg. 51184), the United States Environmental Protection Agency (USEPA) adopted
amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAPs) for stationary
combustion turbines.
The USEPA stayed the effectiveness of certain limitations for two subcategories of the NESHAP for stationary
combustion turbines: Lean premix gas-fired turbines and diffusion flame gas-fired turbines. Pending the outcome
of USEPA's proposal to delete these subcategories from the source category list (68 FR 18338, April 7, 2004),
USEPA is staying the effectiveness of the emissions and operating limitations in the stationary combustion turbines
NESHAP for new sources in the lean premix gas-fired turbines and diffusion flame gas-fired turbines subcategories.
USEPA stated that this action was n
nted expenditures on installation of
emission controls which will not be required if the subcategories are delisted.
The final rule is effective on August 18, 2004.
For further information contact Ms. Kelly Rimer, Office of Air Quality Planning and Standards, Emission Standards
Division, C404-01, Environmental Protection Agency, Research Triangle Park, NC 27709; telephone number:
(919) 541-2962; fax number: 919-541-0840; e-mail address: rimer.kelly@epa.gov
Environmental Register – August 2004
2
This rule is effective on August 25, 2004. The incorporation by reference of certain publications listed in this rule is
approved by the Director of the
Federal Register
as of August 25, 2004.
For further information contact Lisa Christ, Office of Ground Water and Drinking Water, Mail Code: 4606M,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:
(202) 564-8354; e-mail at christ.lisa@epa.gov.
The Board will include any necessary amendments to Board rules resulting from this federal action in a future
SDWA identical in substance rulemaking pursuant to Sections 7.2 and 17.5 of the Environmental Protection Act
(415 ILCS 5/7.2, 22.4 (2002)).
United States Environmental Protection Agency Adopts Effluent Limitations Guidelines and New Source
Performance Standards for the Concentrated Aquatic Animal Production Point Source Category Under the
Clean Water Act
On August 23, 2004 (69 51891), the United States Environmental Protection Agency (USEPA) adopted effluent
limitations guidelines and new source performance standards for the concentrated aquatic animal production point
source category.
USEPA estimated that compliance with this regulation will affect 242 facilities that raise aquatic animals in a
variety of concentrated aquatic animal production systems. The animals produced in these facilities range from
species produced for human consumption as food to species raised to stock streams for fishing. The production of
aquatic animals contributes pollutants such as suspended solids, biochemical oxygen demand, and nutrients to the
aquatic environment.
The regulation establishes technology-based narrative limitations and standards for wastewater discharges from both
new and existing concentrated aquatic animal production facilities that discharge directly to U.S. waters. The rule is
projected to reduce the discharge of total suspended solids by about 0.5 million pounds per year and reduce the
discharge of biochemical oxygen demand and nutrients by about 0.3 million pounds per year. The estimated annual
cost to Federal and State hatcheries is $1.1 million. USEPA estimated that the annual monetized environmental
benefits of the rule will be in the range of $66,000 to $99,000.
This regulation is effective September 22, 2004.
For further information contact Marta Jordan at (202) 566-1049.
The Board anticipates that the Illinois Environmental Protection Agency (IEPA) will determine, as part of the
triennial review of the State’s water rules required by the Clean Water Act, whether any amendments to the State’s
water rules are necessary as a result of this federal action. If so, the Board would expect to receive a regulatory
proposal from the IEPA under Section 27 or 28.2 of the Environmental Protection Act (415 ILCS 5/27, 28.2
(2002)).
Appellate Update
Second District Affirms The Board’s Remediation and Penalty Order in State Oil Co.
et al.
v. People of the
State of Illinois
et al.
; Abraham
et al.
v. Pollution Control Board
et al.
, Nos.2-03-0463 and 2-03-0493 (cons.)
(August 18, 2004) (PCB 97-103)
On August 18, 2004, the Second District Appellate Court affirmed the Board in the leaking underground storage
tank enforcement case State Oil Co.
et al.
v. People of the State of Illinois
et al
.; Abraham
et al.
v. Pollution Control
Board
et al.
, Nos.2-03-0463 and 2-03-0493 (cons.) (August 18, 2004) (hereinafter “State Oil (2d Dist.)”). The
Board had ordered respondents to remediate the site, to reimburse the State for substantial clean-up costs, to pay
civil penalties in its case entitled People of the State of Illinois v. State Oil Company, William Anest f/d/b/a S & S
Petroleum Products, Peter Anest f/d/b/a S & S Petroleum Products, Charles Abraham, Josephine Abraham, and
Environmental Register – August 2004
3
Millstream Service, Inc.; Charles Abraham, Josephine Abraham, and Millstream Service, Inc. v. State Oil Company,
William Anest f/d/b/a S & S Petroleum Products, Peter Anest f/d/b/a S & S Petroleum Products., PCB 97-103
(March 20, 2003) (hereinafter “People v. State Oil”).
The court authorized publication of a portion of its 28-page decision. The portion to be published, which may be
cited as precedent, affirms and important Board holding regarding the applicability of proportionate share liability
under Title XVII of the Environmental Protection Act (Act), 415 ILCS 5/100
et seq.
. See State Oil (2d Dist.)(slip
op. at 1-7, 28). The balance of the decision (pages 8-27), which affirms the remediation order and penalties
assessed against various respondents, is "nonpublishable" under Supreme Court Rule 23 (155 Ill.2d R. 23) and
therefore is not precedential.
Id.
, slip op. at 8-27). Below is a summary first of the Board's decision and then of the
Second District's decision.
The Board's Decision in People v. State Oil. PCB 97-103 was an enforcement case brought on behalf of the People
by the Attorney General's Office. The case concerned gasoline contamination from leaking underground storage
tanks (USTs) at a service station in McHenry County. The People filed the complaint in 1996 against Anest/State
Oil (the former service station owner/operator and seller) and Abraham/Millstream Service (the current service
station owner/operator and purchaser). Abraham/Millstream Service in turn filed a cross-complaint against
Anest/State Oil. In 1983 or 1984, gasoline began leaking from the service station into Boone Creek, which
bordered the station. Anest/State Oil reported the release to the State. The service station was sold in 1985 to
Abraham/Millstream Service. Gasoline was leaking into the creek in 1986, 1987, and 1989. The Illinois
Environmental Protection Agency Agency (IEPA) performed an emergency cleanup in 1989-1991. But, no
mitigation or remediation work had been completed at the site since 1996, and no respondent ever received a No
Further Remediation letter from the IEPA. People v. State Oil, (March 20, 2003), slip op. at. 5-7.
The Board issued an interim opinion and order on April 4, 2002 ruling on motions for summary judgment in the
People’s case, and finding that all respondents had violated Section 12(a) of the Act. The Board then held hearing
on the issues of cost recovery and the Abrahams’ cross-complaint against the Anests, issuing a final opinion and
order on March 20, 2003 that
a) found the respondents jointly and severally liable to reimburse the State for $86,652.50 in remediation
costs incurred by the Agency. (The Board disallowed some $12,000 in costs for which the Board found the
supporting Agency vouchers unreliable). People v. State Oil, (March 20, 2003), slip op. at. 5-7;
b) assessed a total civil penalty of $40,000 ($20,000 against the Abrahams and Millstream Service;
$20,000 against the Anests and State Oil) People v. State Oil, (March 20, 2003), slip op. at. 14-20; and
c) ordered the respondents to perform any additional necessary clean up of the site and to obtain a No
Further Remediation Letter from the IEPA. The Board also found the respondents jointly and severally liable for
any future remediation. People v. State Oil, (March 20, 2003), slip op. at.20-26.
The Board did not, however, find that the People were entitled to attorney fees and costs concerning their complaint
against the Abrahams. The Board concluded that there was insufficient evidence to support a finding that the
Abrahams’ violation was “willful, knowing, or repeated” within the meaning of Section 42(f) of the Act. 415 ILCS
5/42(f)(2002). People v. State Oil, (March 20, 2003), slip op. at.20-21.
In its last order in the case, the Board denied respondents’ motion to stay the March 20, 2003 order pending appeal,
in the sound exercise of its discretion. The Board also denied the People’s motion to modify the order, finding that
the filing of the appeal had ended the Board’s jurisdiction in the case. People v. State Oil, (May 15, 2003), slip op.
at.1-2.
Second District’s Decision in State Oil (2d Dist.). As stated earlier, the court affirmed the Board on all points. The
portion of the court's decision to be published is discussed first, and the rest afterwards.
Published Decision on Proportionate Share Liability. In the published portion of the court's decision, the
court agreed with the Board that the respondents were jointly and severally liable and therefore that proportionate
share liability did not apply. In certain situations, the proportionate share liability provision of the Act (Section
Environmental Register – August 2004
4
58.9(a)(1)) limits a respondent's cleanup liability to what the respondent "proximately caused,"
i.e.
, to its
"proportionate share." See 415 ILCS 5/58.9 (a)(1) (2002).
Section 58.1(a)(2) of the Act is the applicability provision of the Act’s Title XVII “Site Remediation
Program”. Section 58.1(a)(2) excludes sites subject to the UST laws, like the site at issue. Title XVII includes the
proportionate share liability provision of Section 58.9(a)(1). The Board held, and the court agreed, that
proportionate share liability did not apply in this case because Section 58.1(a)(2) limits the applicability of all of
Title XVII, including the proportionate share liability provision. As the court stated: "Put simply, one must enter
through a door before one can throw something out the window. In other words, Millstream is not entitled to
invoke the provisions of Title XVII unless Title XVII is applicable to it in the first place." State Oil (2d Dist.), slip
op. at 7.
Unpublished Decision on State Cleanup CostsIssue. In the unpublished portion of the decision, the court
upheld the Board's decision that the IEPA's vouchers reflecting cleanup costs incurred were relevant and within the
business-record exception to the hearsay rule. Next, the court addressed Millstream’s challenge to the Board's
refusal to give the State the exact amount of reimbursement requested. The court affirmed the Board's decision to
award the State approximately $86,000 of the State's requested $98,000 in remediation costs, stating that "one of the
reasons administrative agencies exist is the special expertise they possess in their given field [and] to the extent
Millstream's argument can be read as attacking the Board's use of that expertise, it is ill taken." State Oil (2d Dist.),
slip op. at 11. Applying the manifest weight of the evidence standard, the court found that the Board's award of
cleanup costs to the State was not contrary to the manifest weight of the evidence: "evidence in the record exists
that the State incurred the costs for which it seeks reimbursement. As such, we cannot disturb the Board's judgment
on this point." State Oil (2d Dist.), slip op. at 19.
Unpublished Decision on Leaking UST Liability Issue. Also in the unpublished portion of the decision,
the court provided two interesting interpretations of an important provision of the Act's Title XVI on USTs.
Section 57.12(a) of the Act provides that
the owner or operator, or both, of an underground storage tank shall be liable for
all costs of investigation, preventive action, corrective action and enforcement
action incurred by the State of Illinois resulting from an underground storage
tank.
Millstream argued that the State introduced no evidence that its cleanup expenses were "reasonable or necessary."
Looking at the plain language of Section 57.12(a), the court refused to place the burden of proving reasonableness
or necessity of its costs on the State, but cautioned:
This is not to say, however, that the State is free to run up outrageous expenses.
While we read section 57.12(a) as excluding reasonableness and necessity from
the elements the State must prove, *** the failure to mitigate damages remains
an affirmative defense; however, the burden of proving the failure to mitigate
lies with the respondent. State Oil (2d Dist.), slip op. at 12.
Importantly, the court also affirmed the Board's reading of Section 57.12(a) that the provision applied not only to
the current UST owner or operator, but also a former owner or operator:
[A] statute must not be construed so that it produces an absurd result . . . .
Allowing an owner to escape liability by simply selling a property would, in our
estimation, be absurd . . . . In short, State Oil was the owner when the problem
began. That the problem continued beyond its ownership of the property does
not absolve it from responsibility. State Oil (2d Dist.), slip op. at 18.
After reviewing several provisions of the Act, the court broadly concluded that the Act properly applied
retroactively, since "it is clear that the legislature intended the Act to address ongoing problems, which, by
definition existed at the time that the Act was enacted." State Oil (2d Dist.), slip op. at 19.
Environmental Register – August 2004
5
Unpublished Decision on Penalty Issue. Finally, in the last unpublished portion of the decision, the court
upheld the Board's penalty determinations as neither arbitrary, capricious, nor unreasonable, noting that the amount
was "relatively modest" considering the statutory maximum penalties that are allowed. The court focused on the
aggravating factors of gasoline actually leaking into the creek for years and the lack of diligence in remediating the
problem. State Oil (2d Dist.), slip op. at 14-15, 20, 22, 25-27.
Rule Update
Board Adopts Final Amendments in SDWA Update, USEPA Amendments (July 1, 2003 through December
31, 2003) (R04-13)
On August 19, 2004, the Board adopted a final opinion and order in SDWA Update, USEPA Amendments (July 1,
2003 through December 31, 2003) (R04-13). The Board adopted 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)). The
Board made only one minor, nonsubstantive change to the proposal it adopted for public comment that was
published in the
Illinois Register
on June 18, 2004 at 28 Ill. Reg. 8403. The adopted rulemaking was filed with the
Secretary of State’s Index department for final publication in the September 3, 2004
Illinois Register
.
The substantive amendments in this rulemaking dealt with a notice published by USEPA at 68 Fed. Reg. 74233
(December 23, 2003). The notice interpreted a key provision of the SDWA that determines the applicability of the
SDWA regulations. USEPA changed its policy and determined that a property owner that “submeters” water,
i.e.
,
that distributes water to a limited number of tenants on its own property, does not “sell” water within the meaning of
Section 1411(3) of SDWA (42 U.S.C. 300g(3) 2000). Thus, such a property owner is a not a public water supply to
which the SDWA requirements apply. USEPA believes that apartment buildings and other property types that share
characteristics of an apartment building are subject to the revised policy. While USEPA did not amend its
regulations to clarify this issue, the Board determined that its “identical in substance” mandate required that a
federal policy change of this magnitude be reflected in the Board’s rules. Consequently, the Board reflected the
USEPA interpretation of the SDWA applicability by adding a Board note to Section 611.100.
The Board also, at the request of EMD Chemicals Inc., updated the incorporations by reference section of the
regulations to reflect that EM Science is now EMD Chemicals Inc. The company produces two methods for
microbiological analysis of water that are approved by USEPA and incorporated by reference in Section 611.102.
The Board updated the three appearances of “EM Science” to “EMD Chemicals” in that Section.
Copies of the Board’s opinion and order in R04-13 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
Board Actions
August 5, 2004
Via Videoconference
Springfield and Chicago, Illinois
Adjusted Standards
AS 04-4 In the Matter of: Petition of Johns Manville for an Adjusted Standard from 35
Ill. Adm. Code Part 814, Sections 811.310, 811.311, 811.318 – The Board
4-0
Land
Environmental Register – August 2004
6
ordered petitioner to file an amended petition curing deficiencies.
Administrative Citations
AC 04-18 IEPA v. Luther Coleman – The Board entered a final order requiring respondent
to pay the Board hearing costs in the amount of $323.29 and a civil penalty of
$3,000. This order follows the Board's interim order of June 17, 2004, which
found that this respondent had violated Sections 21(p)(1) and (p)(7) of the
Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(7) (2002)) at his Saline
County facility.
4-0
AC 04-57 IEPA v. Arlyn Ray d/b/a Arlyn Ray Construction, Tom Romero d/b/a Arlyn Ray
Exteriors, Robert J. Adams and Rita M. Adams – The Board granted
complainant’s motion to dismiss respondent Tom Romero. The Board found that
the remaining Woodford County respondents violated Sections 21(p)(1),(3),(4)
and (7) of the Illinois Environmental Protection Act (415 ILCS 5/21(p)(1),(3),(4)
and (7) (2002)), and ordered respondents to pay a civil penalty of $6,000.
4-0
AC 04-83 IEPA v. Giuffre II, L.L.C. and Reload, Inc. – The Board found that these
Winnebago County respondents violated Section 21(p)(1) and (p)(7) of the Act
(415 ILCS 5/21(p)(1), (p)(7) (2002)), and ordered respondents to pay a civil
penalty of $3,000.
4-0
AC 04-89 IEPA v. Earl and Norma Martin – The Board accepted for hearing this petition
for review of an administrative citation against these Knox County respondents.
4-0
AC 04-90 IEPA v. Earl and Norma Martin – The Board accepted for hearing this petition
for review of an administrative citation against these Knox County respondents.
4-0
AC 04-91 IEPA v. Earl and Norma Martin – The Board accepted for hearing this petition
for review of an administrative citation against these Knox County respondents.
4-0
Motions and Other Matters
PCB 99-120 People of the State of Illinois v. Wood River Refining Company – Upon receipt
of a proposed stipulation and settlement agreement and an agreed motion to
request relief from the hearing requirement in this special waste hauling
enforcement action involving a Madison County facility, the Board ordered
publication of the required newspaper notice.
4-0
A&L-E
PCB 01-1 People of the State of Illinois v. Metals Technology Corporation – Upon receipt
of a proposed stipulation and settlement agreement and an agreed motion to
request relief from the hearing requirement in this special waste hauling
enforcement action involving a DuPage County facility, the Board ordered
publication of the required newspaper notice.
4-0
A-E
PCB 01-43 People of the State of Illinois v. Michael Stringini – The Board denied
complainant’s motion for interlocutory appeal of hearing officer’s order of June
21, 2004 extending briefing dates and affirmed the hearing officer order of June
21, 2004 granting extension of time to file briefs.
4-0
RCRA-E
PCB 03-24
PCB 03-25
(Cons.)
Hannel Oil Company v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of these underground storage tank appeals involving a Scott
County facility.
4-0
UST
Appeal
PCB 03-214 Illinois Ayers Oil Company v. IEPA – The Board entered a final order granting 4-0
Environmental Register – August 2004
7
petitioner’s motion for of payment by Illinois Environmental Protection Agency
of attorney’s fees as costs of corrective action. The Board also granted the
motions to file a reply and surreply but denied the motion to file an amended
response.
UST
Appeal
PCB 04-188 Paul Phelan 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 Macoupin County facility.
4-0
UST
Appeal
PCB 04-189 Wabash Valley Service 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 Lawrence County facility.
4-0
UST
Appeal
PCB 04-190 Johnson Oil Company, L.L.C. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Champaign County facility.
4-0
UST
Appeal
PCB 05-8 People of the State of Illinois v. Village of Capron – The Board accepted for
hearing this public water supply enforcement action involving a site located in
Boone County.
4-0
PWS-E
PCB 05-9 People of the State of Illinois v. Danny Wiegel d/b/a Wiegel’s Tree Service –
The Board accepted for hearing this air enforcement action involving a site
located in Marion County.
4-0
A-E
PCB 05-10 Dennis Eugene Batty – Davis Junction (Property Identification Number 11-13-
400-002) v. IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that specified facilities
of Dennis Eugene Batty located in Ogle County are pollution control facilities for
the purpose of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2002)).
4-0
T-C
PCB 05-11 UAP Richter – Dixon (Property Identification Number 02-15-07-100-020) v.
IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that certain agrichemical
secondary containment facilities of UAP Richter located in Shelby County are
pollution control facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2002)). No action was taken on the
negative recommendation for the certain portion of the building over the
minibulk/package agrichemical secondary containment structure at the site.
4-0
T-C
PCB 05-12 Lake in the Hills Sanitary District v. IEPA – The Board accepted for hearing this
permit appeal involving a McHenry County facility.
4-0
P-A,
Water
PCB 05-13 People of the State of Illinois v. Paul DiFranco, Sr. and Mark’s Construction,
Inc. – The Board accepted for hearing this air enforcement action involving a site
located in Cook County.
4-0
A-E
PCB 05-14 People of the State of Illinois v. Michael Collins d/b/a C&R Construction – The
Board accepted for hearing this air enforcement action involving a site located in
St. Clair County.
4-0
A-E
PCB 05-15 Bill Carter d/b/a Carter Convenience Store 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 White County facility.
4-0
UST
Appeal
Environmental Register – August 2004
8
90-Day Ext.
PCB 05-16 Royer Oil (Sorento Garage) v. IEPA – The Board granted this request for a 90-
day extension of time to file an underground storage tank appeal on behalf of this
Bond County facility.
4-0
UST
Appeal
90-Day
Ext.
August 19, 2004
Chicago, Illinois
Rulemakings
R04-13 In the Matter of: SDWA Update, USEPA Amendments (July 1, 2003 through
December 31, 2003) – The Board adopted a final opinion and order in this
“identical-in-substance” rulemaking to amend the Board’s public water supply
regulations.
4-0
R, PWS
Administrative Citations
AC 04-88 City of Chicago Department of Environment v. Gene Evans – The Board found
that this Cook County respondent violated Section 21(p)(1) of the Environmental
Protection Act (415 ILCS 5/21(p)(1) (2002)), and ordered respondent to pay a
civil penalty of $1,500.
4-0
AC 05-1 IEPA v. Michael E. Boone – The Board found that this Mason County
respondent violated Section 21(p)(1) of the Environmental Protection Act (415
ILCS 5/21(p)(1) (2002)), and ordered respondent to pay a civil penalty of
$1,500.
N4-0
AC 05-2 IEPA v. Lester Smith – The Board accepted for hearing this petition for review
of an administrative citation against this Massac County respondent.
4-0
AC 05-4 IEPA v. G.T. & L., Inc. – The Board found the petition for review deficient in
this administrative citation involving a Cook County facility. The Board ordered
respondent to file an amended petition curing deficiencies and accompanied by
an attorney’s appearance, within 30 days, or the petition would be subject to
dismissal.
4-0
AC 05-7 IEPA v. Edward and Betty Jo Cain and Edward Cain d/b/a Cain Roofing
Company – The Board accepted for hearing this petition for review of an
administrative citation against these Champaign County respondents.
4-0
Decisions
PCB 03-223 People of the State of Illinois v. Elysium Energy – In this water, land and 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
$25,000 and to cease and desist from further violations.
4-0
L-E
PCB 04-98 People of the State of Illinois v. Onyx Environmental Services, L.L.C. and Aura
4-0
Environmental Register – August 2004
9
II Inc. – In this land and air enforcement action concerning a Jasper 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 $125,000 and to cease and desist from further
violations.
A,L,W-E
PCB 04-218 People of the State of Illinois v. Brickyard Disposal and Recycling, Inc. – In this
land enforcement action concerning a DeWitt 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 engage in a supplemental
environmental project (SEP) involving disposal of waste to the value of $40,000,
and to cease and desist from further violations.
4-0
L-E
Motions and Other Matters
PCB 01-147 North Safety Products, Inc. v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this appeal involving a DuPage County facility.
4-0
P-A, Air
PCB 03-51 People of the State of Illinois v. Draw Drape Cleaners, Inc., American Drapery
Cleaners & Flameproofers, Inc. and Richard Zell – The Board granted
complainant’s motion for partial summary judgment. The Board directed this
matter to hearing as expeditiously as practicable on the remainder of the
contested counts of the complaint, appropriate penalty amount, and remedy.
4-0
A-E
PCB 03-98 Nielsen & Bainbridge, L.L.C. v. IEPA – The Board granted petitioner’s motion
for voluntary dismissal of this appeal involving a Cook County facility.
4-0
P-A, Air
PCB 03-185 Swif-T Food Mart v. IEPA – The Board granted petitioner’s motion for
authorization of payment of attorney fees as costs of corrective action and
directed that $11,291.37 in legal fees be reimbursed. The Board remanded the
case to the Illinois Environmental Protection Agency to issue the requested
reimbursement.
4-0
UST Appeal
PCB 04-67 People of the State of Illinois v. Royal Trucking Company – 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
Cook County facility, the Board ordered publication of the required newspaper
notice.
4-0
W-E
PCB 04-186 Waste Management of Illinois, Inc. v. County Board of Kankakee – The Board
denied Keith Runyon’s motion to intervene.
4-0
P-C-F-S-R
PCB 04-191 Clark Oil Station #848 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 Marion County facility.
4-0
UST Appeal
PCB 04-195 Andover/Casey’s General Stores 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 Henry County facility.
4-0
UST Appeal
PCB 04-196 Robert Mezo 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 Franklin County facility.
4-0
UST Appeal
Environmental Register – August 2004
10
PCB 04-197 Brock Oil Company (Letter dated March 31, 2004) 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 McLean County
facility.
4-0
UST Appeal
PCB 04-199 Hicks Bulk Distribution 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 Jackson County facility.
4-0
UST Appeal
PCB 04-200 Clark Oil Station #271 v. IEPA – Having previously granted a request for a 90-
day extension, the Board dismissed this matter because no underground storage
tank appeal was filed on behalf of this Madison County facility.
4-0
UST Appeal
PCB 05-17 Union County Oil Company v. IEPA – The Board granted this request for a 90-
day extension of time to file an underground storage tank appeal on behalf of this
Union County facility.
4-0
UST Appeal
90-Day
Ext.
PCB 05-18 Ted Harrison 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
Cass County facility.
4-0
UST Appeal
90-Day
Ext.
PCB 05-19 Hall’s Automotive (SICR) 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
Hardin County facility.
4-0
UST Appeal
90-Day
Ext.
PCB 05-20 Hall’s Automotive (SIPB) 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
Hardin County facility.
4-0
UST Appeal
90-Day
Ext.
PCB 05-21 Randy’s Shell 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 Piatt County
facility.
4-0
UST Appeal
90-Day
Ext.
PCB 05-22 L. Keller Oil Properties (Downtown Shell) 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 Effingham County facility.
4-0
UST Appeal
90-Day
Ext.
PCB 05-23 Keller 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 Effingham
County facility.
4-0
UST Appeal
90-Day
Ext.
PCB 05-24 Premcor Refining Group, 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
LaSalle County facility.
4-0
UST Appeal
90-Day
Ext.
PCB 05-25 Premcor Refining Group, 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
Tazewell County facility.
4-0
UST Appeal
90-Day
Environmental Register – August 2004
11
Ext.
PCB 05-26 People of the State of Illinois v. CFM U.S. Corporation f/k/a The Vermont
Casting Majestic Products Company, a Delaware corporation – 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.
4-0
Air-E
PCB 05-28 People of the State of Illinois v. Color Communication, Inc., an Illinois
corporation – The Board accepted for hearing this air enforcement action
involving a two sites located in Cook County.
4-0
Air-E
New Cases
August 5, 2004 Board Meeting
05-008
People of the State of Illinois v. Village of Capron – The Board accepted for hearing this public water
supply enforcement action involving a site located in Boone County.
05-009
People of the State of Illinois v. Danny Wiegel d/b/a Wiegel’s Tree Service – The Board accepted for
hearing this air enforcement action involving a site located in Marion County.
05-010
Dennis Eugene Batty – Davis Junction (Property Identification Number 11-13-400-002) v. IEPA – Upon
receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that
specified facilities of Dennis Eugene Batty located in Ogle County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).
05-011
UAP Richter – Dixon (Property Identification Number 02-15-07-100-020) v. IEPA – Upon receipt of the
Illinois Environmental Protection Agency’s recommendation, the Board found and certified that certain
agrichemical secondary containment facilities of UAP Richter located in Shelby County are pollution control
facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).
No action was taken on the negative recommendation for the certain portion of the building over the
minibulk/package agrichemical secondary containment structure at the site.
05-012
Lake in the Hills Sanitary District v. IEPA – The Board accepted for hearing this permit appeal involving a
McHenry County facility.
05-013
People of the State of Illinois v. Paul DiFranco, Sr. and Mark’s Construction, Inc. – The Board accepted for
hearing this air enforcement action involving a site located in Cook County.
05-014
People of the State of Illinois v. Michael Collins d/b/a C&R Construction – The Board accepted for hearing
this air enforcement action involving a site located in St. Clair County.
05-015
Bill Carter d/b/a Carter Convenience Store 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 White County facility.
05-016
Royer Oil (Sorento Garage) v. IEPA – The Board granted this request for a 90-day extension of time to file
an underground storage tank appeal on behalf of this Bond County facility.
AC 05-009
IEPA v. Bill Collins – The Board accepted an administrative citation against this Franklin County
respondent.
AC 05-010
IEPA v. Lawrence P. and Jacqueline L. Koch – The Board accepted an administrative citation against
these Bond County respondents.
AC 05-011
IEPA v. Environmental Reclamation Company and Gene Stacey – The Board accepted an
administrative citation against these Coles County respondents.
AC 05-012
County of Sangamon v. James Withers – The Board accepted an administrative citation against this
Sangamon County respondent.
Environmental Register – August 2004
12
August 19, 2004 Board Meeting
05-017
Union County Oil Company v. IEPA – The Board granted this request for a 90-day extension of time to file
an underground storage tank appeal on behalf of this Union County facility.
05-018
Ted Harrison 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 Cass County facility
05-019
Hall’s Automotive (SICR) 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 Hardin County facility.
05-020
Hall’s Automotive (SICR) 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 Hardin County facility.
05-021
Randy’s Shell 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 Piatt County facility.
05-022
L. Keller Oil Properties (Downtown Shell) 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 Effingham County facility.
05-023
Keller 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 Effingham County facility.
05-024
Premcor Refining Group, 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 LaSalle County facility.
05-025
Premcor Refining Group, 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 Tazewell County facility.
05-026
People of the State of Illinois v. CFM U.S. Corporation f/k/a The Vermont Casting Majestic Products
Company, a Delaware corporation – 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.
05-027
Hertiage FS, Inc. (Property Identification Numbers 06-10-06-400-005) v. IEPA – No action taken.
05-028
People of the State of Illinois v. Color Communication, Inc., an Illinois corporation – The Board accepted
for hearing this air enforcement action involving a two sites located in Cook County.
Calendar
9/2/04
11:00 AM
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
9/8/04
10:00AM
AC 04-41
IEPA v Cheryl Clayton
Caucus Room
Quincy City Hall
730 Main Street
Quincy
9/15/04
11:00 am
AC 04-46
IEPA v. Christopher Coleman
“Old 911 Office”
Union County Courthouse
309 West Market
Jonesboro
Environmental Register – August 2004
13
9/16/04
11:00 am
Illinois Pollution
Control Board Meeting
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago
10/6/04
9:30 am
AC 04-46
Bonita Saxbury and Richard Saxbury v. Archer
Daniels Midland (Hull, Illinois Division)
City Hall Council Chambers
215 N. Monroe Street
Pittsfield
10/7/04
10:00 am
Illinois Pollution
Control Board Meeting
Union League Club
65 W. Jackson Boulevard
Chicago
10/21/04
11:00 am
Illinois Pollution
Control Board Meeting
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street
Room 2-025
Chicago
11/1/04
11:00am
AC 04-63
County of Jackson v. Egon Kamarasy (Site Code:
0778095036)
Jackson County Health Department (front
Building)
415 Health Department Road
Murphysboro
11/1/04
11:00am
AC 04-64
County of Jackson v. Egon Kamarasy (Site Code:
0778125013)
Jackson County Health Department (front
Building)
415 Health Department Road
Murphysboro
11/4/04
11:00 AM
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
1/18/04
11:00 AM
Illinois Pollution
Control Board Meeting
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago
------------------------------------------------CUT HERE------------------------------------------------
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
