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
The Illinois Pollution Control Board strives to use technology to increase the
public’s knowledge of environmental laws and encourage public
participation in the Board’s activities. For some time now, our Clerk’s
Office On-Line (COOL) has supplied information about cases and
rulemaking procedures.
In 2004, the Board operated a voluntary pilot project introducing the option
of electronic filing through COOL in specified categories of cases. Based
on the positive results of that project, the Board on Monday, January 3,
2005, expanded that option to all cases. Electronic filing offers financial
and environmental benefits, and the steps below guide you through the
simple process.
•
First, parties must obtain a State of Illinois digital ID issued free of
charge under the Electronic Commerce Security Act. These digital
IDs verify the identity of a document sender and secure electronic
transactions. Parties can obtain a certificate through https://autora01.cmcf.state.il.us/.
•
Second, from the Board’s Home Page click on the Clerk’s Office On-Line (COOL) hyperlink. You’ll then
see the hyperlink to “File A Document With The IPCB,” which is designed to lead you step-by-step
through the process.
•
Third, please note that petitions for a Site-Specific Regulation, Variance, Permit Appeal, UST Appeal,
Review of Pollution Control Facility Siting Decision, or Adjusted Standard require payment in advance of
a filing fee with a major credit or debit card for initial filings. This payment will generate a unique
Transaction ID/Authorization Code, which remains active until the filing is successfully executed.
•
Fourth, you may wish to limit electronic filing to documents smaller than 20 MB, or approximately 100
pages of plain text. Features such as tables or graphics may dramatically increase file sizes. Also, please
note that one filing may consist of multiple electronic documents (e.g., the text of a petition or motion and
any attachments).
•
Last, when your document is successfully received, you will receive by e-mail an automatic electronic
confirmation. If for some reason your document does not successfully transmit, your ID/code pair will
remain active until your document is successfully received.
The Board is pleased to keep pace with improvements in information technology and encourages all parties to
consider and use this electronic filing option. If you have questions or require technical assistance, please contact
John Therriault in our Clerk's office at (312) 814-3629.
Sincerely,
J. Philip Novak
Chairman
Environmental Register – December 2004
1
Inside This Issue:
FEDERAL UPDATE
P. 1
APPELLATE UPDATE
P. 2
RULE UPDATE
P. 5
BOARD ACTIONS
P. 10
NEW CASES
P. 16
BOARD CALENDAR
P. 18
Federal Update
United States Environmental Protection Agency Adopts Direct Final Rules, and Identical Proposed
Amendments, to the National Emission Standards for Hazardous Air Pollutants for Source Categories:
Organic Hazardous Air Pollutants for Sources Subject to the Negotiated Regulation for Equipment Leaks
Under the Clean Air Act
On December 23, 2004 (69 Fed. Reg. 76894), the United States Environmental Protection Agency (USEPA)
adopted direct final amendments to the National Emission Standards for Hazardous Air Pollutants for Source
Categories: Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry and
Other Processes Subject to the Negotiated Regulation for Equipment Leaks. The standards are commonly known as
the Hazardous Organic NESHAP or the HON.
The USEPA action amends the HON to allow vapor balancing in conjunction with the use of a pressure setting to
comply with the storage tank control requirements of the standards. USEPA adopted the amendments as a direct
final action because the changes are viewed as noncontroversial. If the USEPA receives any adverse comments on
the final rule, USEPA will withdraw the rules and then address any comments in a subsequent final rule based on
the proposed rule.
Written comments must be received by January 24, 2005, unless a public hearing is requested by January 3, 2005.
If a public hearing is requested, written comments must be received by February 7, 2005.
Interested persons may submit comments, identified by Docket ID No. OAR-2003-0023, by one of the following
methods (the first option is the preferred one):
1) USEPA Web site: http://www.epa.gov/edocket EDOCKET (USEPA's electronic public docket and
comment system), following the on-line instructions for submitting comments;
2) Federal eRulemaking Portal: http://www.regulations.gov, following the on-line instructions for
submitting comments;
3) Mail: EPA Docket Center, Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania
Avenue, NW, Washington, DC 20460.
For further information contact Mr. Randy McDonald, Organic Chemicals Group, Emission Standards Division
(Mail Code C504-04), U.S. EPA, Research Triangle Park, North Carolina 27711, telephone number (919) 541-
5402, electronic mail address: mcdonald.randy@epa.gov.
Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (2002)), once adopted by
the USEPA, NESHAP rules are applicable and enforceable under the Act without further action by the Board.
Environmental Register – December 2004
2
Appellate Update
Second District Affirms Board Ruling in Roti et al. v. LTD Commodities and Illinois Pollution Control Board
et al., No. 2-04-0199 (December 21, 2004) (PCB 99-19)
In a December 21, 2004 final unpublished 21-page order under Supreme Court Rule 23 (155 Ill.2d R. 23), the
Second District Appellate Court affirmed the Board's decision in the appeal of a citizen noise pollution action
Anthony & Karen Roti, Paul Rosenstrock, and Leslie Weber v. LTD Commodities and Illinois Pollution Control
Board, No. 2-04-0199 (December 21, 2004). The court decided the appeal without oral argument.
In the case before the Board, the Board first found that the trucking operation emitted noise in violation of the noise
nuisance provisions of the Environmental Protection Act (Act) and Board regulations (415 ILCS 5/24 (2002) and 35
Ill. Adm. Code 900.102). After receiving input from the parties concerning the appropriate remedy, the Board then
issued a final order assessing a $15,000 civil penalty and directing abatement of the noise. Anthony and Karen
Roti, Paul Rosenstrock, and Leslie Weber v. LTD Commodities, PCB 99-19 (interim order February 15, 2001; final
order February 15, 2004). Notably, the court's decision specifically affirmed the Board's remedy that gave appellant
LTD Commodities (LTD) the choice to either shut down its nighttime operations or build a noise wall.
The Case Before the Board
In 1999, citizen complainants brought an enforcement action against LTD alleging numeric and nuisance noise
violations from LTD's trucking facility in Bannockburn, Lake County. LTD is a mail order catalog company that
began operation in 1986 and expanded its operations in 1989 and again in 1995. The citizen complainants are
homeowners who bought their homes in Lake Forest in 1987, 1988 and 1990. LTD and the complainants share a
common property line, which is also the boundary line between Bannockburn and Lake Forest. At hearing,
complainants testified that LTD’s noise began to bother them beginning, variously, in 1994 and 1996.
In its February 15, 2001 interim decision, the Board found that noise from LTD had caused an unreasonable
interference with the complainant’s use and enjoyment of their property in violation of the nuisance noise
prohibition of Section 24 of the Act and Section 900.102 of the Board’s noise regulations. The Board found no
violation of its numeric noise limit rule, because noise measurements had not been taken properly.
The Board directed the parties to hearing concerning the appropriate noise remedy. The parties and their noise
consultants exchanged information, and presented their views at hearing on October 15-16, and December 9,2002,
and submitted their last filings in May 2003. In a July 24, 2003 interim order, the Board imposed a $15,000 civil
penalty on LTD and ordered LTD to perform specific abatement measures. In response to a motion for
reconsideration of the remedies portion of the July 2003 from LTD, on February 5, 2004 the Board issued a
supplemental opinion and order. The Board again assessed the $15,000 penalty, and ordered LTD to either (a) shut
down its nighttime operations and disconnect the backup beeper on its yard tractor or (b) construct a noise wall.
The Appeal to the Second District
In its Rule 23 order, the Second District Appellate Court the court denied LTD's request to "supplement the record"
with evidence concerning the recent sale of one of the complainant's homes. The court found the information "not
pertinent to the disposition of the issues on appeal." Anthony & Karen Roti, Paul Rosenstrock, and Leslie Weber v.
LTD Commodities and Illinois Pollution Control Board, No. 2-04-0199 (December 21, 2004), slip op. at 11.
As to the substance of the appeal, LTD made five contentions, each of which the court rejected. First, LTD argued
that Section 24 of the Act and Section 900.102 of the Board's regulations do not provide an independent cause of
action. The court disagreed, noting that "Illinois courts have consistently interpreted these provisions as allowing
private complainants to initiate noise pollution actions before the Board."
Id.
, slip op. at 13. The court cited the
long-standing court precedent of Illinois Coal Operators Ass’n v. Pollution Control Board, 59 Ill. 2d 305 (1974)
Discovery South Group, Ltd. v. Pollution Control Board, 275 Ill. App. 3d 547 (1995), and Ferndale Heights
Utilities Co. v. Pollution Control Board, 44 Ill. App. 3d 962 (1976).
Environmental Register – December 2004
3
Second, LTD contended that the Board erred in finding that LTD violated the nuisance noise prohibition. The court
noted that the "principle difficulty in determining whether noise emissions constitute a nuisance lies in defining the
level at which interference becomes unreasonable."
Id.
, slip op. at 15. The court discussed the Board's findings on
each of the factors under Section 33(c) of the Act. While the court agreed that LTD has social and economic value
to the community as an employer and taxpayer, the court concurred with the Board’s finding that “the remaining
factors weigh against LTD.”
Id.
, slip op. at 16. As to the character and degreed of injury, the court noted that the
noise was “substantial and frequent.”
Ibid.
As to the suitability of LTD's operation for the location, the court
remarked:
Although LTD seemingly had priority of location, LTD greatly increased its trucking operation
over the years. When [complainants] moved into their homes, LTD's warehouse was 100,000
square feet with eight truck docks. By 1995, LTD had expanded its warehouse to 400,000 square
feet and 26 truck docks. Thus, while LTD's warehouse was once suitable to its location, its
expansion and increase in business caused it to become unsuitable."
Id.
, slip op. at 16-17.
Moving on to the practicability and reasonableness of reducing the noise, the court agreed that this factor weighed
against LTD. Finding reasonable several abatement alternatives available to LTD, the court mentioned that the
Board had noted that the hiring of one or more employees as “dock pilots” would have eliminated the need for
back-up beepers and allowed for supervision of noise reduction by other employees.
Finally, concerning any subsequent compliance, the court found that “although close, the final factor weighs against
LTD”, although it did take several abatement steps. But, the court remarked that “the evidence reveals that noise
problems were ongoing at the time of the hearing, primarily due to LTD’s refusal to disconnect the back-up beeper
on the yard trailer.”
Id.
, slip op. at 17.
In summary, the court held that evidence in the record supported the Board's determination and so concluded: "we
cannot find the Board's determination that LTD was a noise nuisance to be against the manifest weight of the
evidence."
Ibid.
The court then went on to reject LTD’s challenges to the remedies ordered by the Board, both as to the specific
abatement measures and the amount of the penalty. The Board had ordered either that LTD make several
operational changes (no nighttime operations, disconnect back-up beepers) or erection of a noise wall. Noting that
“Section 33 of the Act vests the Board with wide discretion in fashioning a remedy”, the court concluded that “the
remedies ordered by the Board were not unreasonable or arbitrary”.
Id.
, slip op. at 18. The court found the
operational changes ordered were “practical” and “reasonable,” and not contrary to federal law.
Id.
, slip op. at 18-
19. Moreover, the Board had provided LTD with a “viable alternative” to the operational changes, when it gave the
noise wall option.
Id.
, slip op. at 19.
The court gave short shrift to LTD’s arguments that the noise wall option was not economically feasible or possible
consistent with Bannockburn’s zoning code, observing that the Board did not require construction of the wall.
Similarly, the court found that LTD was given notice and ample opportunity to present evidence concerning this
option during the Board’s remedy hearing.
Id.
, slip op. at 20.
Finally, as to penalty, the court cited to Section 42 (h) of the Act. The court determined that “[b]ecause the Board
considered the appropriate factors in assessing the fine, we do not believe that its determination was unreasonable”.
Id.
, slip op. at 21.
Fifth District Affirms Board in Gere Properties, Inc. v. Illinois Pollution Control Board, Jackson County
Board, and Southern Illinois Regional Landfill, Inc., No. 5-02-0700 (December 29, 2004) (PCB 02-201)
In a December 29, 2004 final unpublished 11-page order under Supreme Court Rule 23 (155 Ill.2d R. 23), the Fifth
District Appellate Court affirmed the Board's decision affirming a local government’s decision granting site location
suitability approval for a landfill expansion. Gere Properties, Inc. v. Illinois Pollution Control Board, Jackson
County Board, and Southern Illinois Regional Landfill, Inc., No. 5-02-0700 (December 29, 2004). The Board had
found that the Jackson County Board’s grant of approval to Southern Illinois Regional Landfill (SIRL) for a landfill
expansion under Section 39.2 of the Environmental Protection Act was not against the manifest weight of the
Environmental Register – December 2004
4
evidence. 415 ILCS 5/39.2 (2002). The only issue presented for review was whether the expansion was “necessary
to accommodate the waste needs of the area it is intended to serve” under the first criterion of Section 39.2. 415
ILCS 5/39.2(a)(i)(2002). Gere Properties, Inc. v. Jackson County Board and Southern Illinois Regional Landfill,
Inc., PCB 02-201 (February 5, 2002).
As the court related in its opinion, SIRL has operated the Jackson County Landfill since 1992. Originally permitted
in 1971, the landfill is expected to reach capacity in 2006. Gere Properties, Inc. v. Illinois Pollution Control Board,
Jackson County Board, and Southern Illinois Regional Landfill, Inc., No. 5-02-0700 (December 29, 2004), slip op.
at 1. Accordingly, SIRL applied to the County for expansion of the landfill. SIRL’s expansion application defines
the service area as including 21 counties in southern Illinois, Missouri and Kentucky.
Id.
, slip op. at 9. The County
held its public hearing in February 2002, at which GERE Properties, Inc. (GERE) opposed the application. The
County voted to approve SIRL’s application on April 10, 2002, finding that SIRL had satisfied all of the criteria of
Section 39.2 of the Act.
GERE, who challenged the Jackson County Board’s siting approval before the Board, is the owner of a landfill in
neighboring Perry County. The only challenge GERE raised was that the County decision on the need criteria was
against the manifest weight of the evidence. As explained in some detail in the Board’s opinion, Gere contends that
there is excess landfill capacity for the service area and consequently no need for landfill expansion through 2013 in
a worst-case scenario, or perhaps through 2030. SIRL and the County contend that additional capacity will be
needed in roughly 5 years. Gere Properties, Inc. v. Jackson County Board and Southern Illinois Regional Landfill,
Inc., PCB 02-201 (February 5, 2002), slip op. at 8-14.
Challenge to Jurisdiction
GERE’s petition for review in the Fifth Circuit Court of Appeals raised for the first time an issue GERE had not
raised before the Board: whether SIRL had met the statutory notice requirements of Section 39.2 so as to give the
County and the Board jurisdiction to consider SIRL’s application. Finding that GERE had not waived its
jurisdictional argument by failing to raise it before the Board, the court went on to find that SIRL had given proper
notice under Section 39.2(b) of the Act, both as to service by mail and service by publication.
The court found that service of notice by certified mail, return receipt requested, was sufficient under the statute,
even though the statute provides by service by registered mail, return receipt requested.
It is clear to us, having considered the plain language of the statute and the circumstances
involved with an application for site location approval, that the purpose of requiring restricted
mail delivery is to ensure that the sending and receiving of notice and the identities of the intended
and actual recipients can be verified. Thus the fact that registered mail carries with it
indemnification protection [to the sender in case of loss or damage] is irrelevant. Because both
certified mail, return receipt request, and register mail document (1) the intended recipient of the
notice, (2) that notice was sent, and (3) that notice was received and by whom, we do not find the
form of mail used to be determinative in this case. See People ex rel. Head v. Board of Education
of Thornton Fractional Township South High School District No. 215, 95 Ill. App. 3d 78, 81, 419
N.E.2d 505, 507 (1981); Olin Corp. v. Bowling, 95 Ill. App. 3d 1113, 1116-17, 420 N.E.2d 1047,
1050 (1981). Gere Properties, Inc. v. Illinois Pollution Control Board, Jackson County Board,
and Southern Illinois Regional Landfill, Inc., No. 5-02-0700 (December 29, 2004), slip op. at 6.
The court then went on to find that the record made clear that all persons entitled to service by mail had each
received notice.
As to the service by publication required under Section 39.2 (b), GERE’s argument was that SIRL’s one-time
publication of its notice of intent to file a siting application within 14 days was insufficient. GERE’s premise was
that the section must be read in conjunction with section 3 of the Notice by Publication Act (715 ILCS 5/3 (2002)),
so that SIRL was required to publish notice for three successive weeks. In discounting this argument, the court
observed that it could find
Environmental Register – December 2004
5
no case authored by an Illinois court that requires an applicant to publish notice pursuant to
section 39.2(b) of the Act on more than one occasion. . . .We agree with the respondents that it
would make no sense for the legislature to intend for notice to be published for three successive
weeks yet only provide a 14-day waiting period between the date the notice is served and
published and the date the application for site location approval is filed. See Le Moyne v. West
Chicago Park Commissioners, 116 Ill. 41, 43 4 N.E. 498, 499 (1886). Accordingly, we find that
SIRL’s notice by publication conforms with the statutory requirements. Gere Properties, Inc. v.
Illinois Pollution Control Board, Jackson County Board, and Southern Illinois Regional Landfill,
Inc., No. 5-02-0700 (December 29, 2004), slip op. at 7-8.
Challenge to the Necessity Criterion
In analyzing the necessity criterion challenge, the court cited prior case law finding that the term “necessary” in the
statute does not mean “absolutely necessary”, but only that the expansion is expedient or reasonably convenient.
The court stated that
In the instance case, the facts, as determined by the County Board and by the IPCB, demonstrate a
need for SIRL’s expansion. . . .Although GERE’s expert interpreted the area’s needs differently, a
reviewing court should not reweigh the evidence or substitute its judgment for that of the agency.
File v. D & L Landfill, Inc., 219 Ill. App. 3d 897, 579 N.E. 2d 1228 (1991). Having reviewed the
record in its entirety, we cannot say that the opposite result is clearly evident, plain, or
indisputable. . . .Thus, we affirm the IPCB’s opinion affirming the County Board’s decision
granting SIRL’s application for site location approval. Gere Properties, Inc. v. Illinois Pollution
Control Board, Jackson County Board, and Southern Illinois Regional Landfill, Inc., No. 5-02-
0700 (December 29, 2004), slip op. at 9-10.
Challenge to the Board’s Witness Credibility Determination
Gere’s last argument on appeal was that the Board, in affirming the County Board’s decision, improperly weighed
the credibility of the parties’ experts. The court found the argument to be without merit, holding that the Board’s
single sentence statement at the end of an 18-page opinion was an acceptable acknowledgement that the County
Board’s decision was supported by the evidence.
Id.
, slip op at 10.
Accordingly, the court affirmed the Board’s opinion affirming the County Board’s decision granting SIRL’s
application for site location suitability approval.
Rule Update
Board Adopts Second Notice Opinion and Order in Amendments to the Board’s Procedural Rules to
Accommodate New Statutory Provisions 35 Ill. Adm. Code 101-130 (R04-24)
On December 2, 2004, the Board adopted a second notice opinion and order in Amendments to the Board’s
Procedural Rules to Accommodate New Statutory Provisions 35 Ill. Adm. Code 101-130 (R04-24). The second
notice proposal involves amendments intended to reflect provisions of the new State Officials and Employees Ethics
Act (5 ILCS 430,
created by
P.A. 93-615, eff. Nov. 19, 2003,
amended by
P.A. 93-617, eff. Dec. 9, 2003), as well
as recent amendments to the Environmental Protection Act (415 ILCS 5 (2002)) and Administrative Procedure Act
(5 ILCS 100 (2002)). 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 January 11, 2005 JCAR meeting.
The Board opened this docket on its own motion to update its procedural rules to include several pieces of
legislation discussed below. In response to the two public comments it received. The Board did not make any
substantive changes to the proposal it adopted for first notice on March 18, 2004 (published in the
Illinois Register
on May 7, 2004).
Environmental Register – December 2004
6
The new ethics statute, the State Officials and Employees Ethics Act (5 ILCS 430), necessitates changes to the
Board’s procedural rules on “
ex parte
communications.” The Board proposes amending the definition of “
ex parte
communication” in Section 101.202 to track the statutory language in the Ethics Act defining the term. The Board
also proposes amending Section 101.114 on
ex parte
communications. The main change to this section reflects new
statutory reporting requirements for the Board’s ethics officer.
In other proposed amendments to its procedural rules, the Board is addressing Public Acts that amended the
Environmental Protection Act over approximately the past two years. Changes to the Environmental Protection Act
in P.A. 93-152 (effective July 10, 2003) and P.A. 92-574 (effective June 26, 2002) resulted from recommendations
of the Illinois Environmental Regulatory Review Commission (IERRC). Created in December 1999 by Executive
Order 18, the IERRC was charged with reviewing and recommending improvements to the Environmental
Protection Act, which was originally enacted in 1970.
P.A. 93-152 (effective July 10, 2003) amended the Environmental Protection Act in several significant ways: (1)
having the Illinois Environmental Protection Agency (IEPA) rather than the Board issue provisional variances (
see
35 Ill. Adm. Code 101.302(d); Part 104.Subpart C); (2) allowing the Board to adopt settlements in citizen
enforcement actions without a public hearing (
see
35 Ill. Adm. Code 103.301); (3) updating incorporations by
reference in Board rules through a new rulemaking procedure that does not require a public hearing or a request that
the Department of Commerce and Economic Opportunity, formerly the Department of Commerce and Community
Affairs, conduct an economic impact study on the proposed rules (
see
35 Ill. Adm. Code 102.211); (4) authorizing
prevailing citizen complainants before the Board to go to circuit court to enforce a final Board order by injunction
or other relief (
see
35 Ill. Adm. Code Part 103. Subpart F); and (5) clarifying that the administrative citation civil
penalty amount of $1,500 (or $3,000 for a subsequent violation) is to be imposed for each violation of each
provision of Section 21(p) of the Environmental Protection Act (415 ILCS 5/21(p) (2002)) (
see
35 Ill. Adm. Code
108.500).
P.A. 92-574 (effective June 26, 2002) resulted in a number of non-substantive changes to the Environmental
Protection Act. The Board now proposes corresponding changes to its procedural rules. For example, the word
“duplicitous,” confusing when referring to citizen complaints, is changed to “duplicative.”
See
35 Ill. Adm. Code
101.202; Part 103.Subpart B.
P.A. 93-171 (effective July 10, 2003) amends the Environmental Protection Act’s provisions (Sections 52.3-1, 52.3-
2, and 52.3-4) addressing Environmental Management Systems Agreements or “EMSAs.” EMSAs are agreements
between the IEPA and a “sponsor” designed to implement innovative environmental measures not otherwise
allowed under the law.
The P.A. 93-171 amendments specify that EMSAs may be executed with participants in the United States
Environmental Protection Agency’s (USEPA) “Federal Performance Track Program,” which is the successor to
USEPA’s “Federal XL Program.” USEPA operates the Federal Performance Track Program to “recognize and
reward businesses and public facilities that demonstrate strong environmental performance beyond current
regulatory requirements.” Section 52.3-1(a)(6). P.A. 93-171 states that the IEPA may terminate an EMSA if the
sponsor ceases to participate in the Federal Performance Track Program. The Board proposes amending its
procedural rules at Section 106.704 to specify this additional ground for IEPA termination of EMSAs and the
sponsors right to appeal that termination to the Board.
P.A. 93-509 (effective August. 11, 2002) amends Section 5 of the Environmental Protection Act. Among other
things, this legislation reduces the number of Board members from seven to five and correspondingly reduces the
number of Board members needed for a majority vote. Accordingly, the Board proposes to amend the definition of
“Board decision” in the procedural rules to reflect that the favorable vote of at least three rather than four Board
members is required for a Board decision.
See
35 Ill. Adm. Code 101.202;
see also
Section 101.300(d)(1).
Also amended since the Board last completely revised its procedural rules in January 2001 is the Administrative
Procedure Act. Due to P.A. 92-330 (effective August 9, 2001), the Administrative Procedure Act now requires
rulemaking proposals published in the
Illinois Register
to describe any published study or research report used in
developing the rule and where the public may obtain a copy. This new requirement is reflected in proposed changes
to the procedural rules at 35 Ill. Adm. Code Sections 102.202, 102.210, and 102.820.
Environmental Register – December 2004
7
Copies of the Board’s opinion and order in R04-24 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 Richard McGill at 312-814-6983; e-mail address mcgillr@ipcb.state.il.us
Board Accepts IEPA Proposal for Hearing in Setback Zone for the City of Marquette Heights Community
Water Supply, New 35 Ill. Adm. Code 618 (R05-09)
On December 2, 2004, the Board accepted for hearing a proposal filed by the Illinois Environmental Protection
Agency (IEPA) on November 5, 2004 to establish a 1,000 foot setback zone of protection for the community water
supply (CWS) wells of the City of Marquette Heights, in Tazwell County.
The proposal seeks to add a new Part to the Board’s public water supply regulations that would establish a
“maximum setback zone” of protection to prevent contamination of a particularly vulnerable groundwater source
used by a CWS. The proposal is the first of its kind under Section 14.3(d) of the Environmental Protection Act
(Act) (415 ILCS 5/14.3(d)) (2002).
The Board has scheduled hearings in this rulemaking for March 1, 2005, at 10:00 am at Pekin City Hall, Council
Chambers - 2nd Floor, 111 South Capitol Street, Pekin, IL; and Tuesday, April 5, 2005, at 10:00 am, James R.
Thompson Center, Room 2-025, 100 West Randolph Street, Chicago, IL.
Copies of the Board’s opinion and order in R05-09 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 Richard McGill at 312-814-6983; e-mail address mcgillr@ipcb.state.il.us
Board Accepts IEPA Proposal for Hearing, Authorizes First Notice Publication, and Grants Expedited
Review, in Amendments to 35 Ill. Adm. Code 205, Emissions Reduction Market System, and 35 Ill. Adm.
Code 211 (R05-11)
On December 2, 2004, the Board accepted a proposal filed by the Illinois Environmental Protection Agency (IEPA)
on November 19, 2004 to amend the Board’s air rules, specifically the rules relating to Emissions Reduction Market
System (ERMS). The IEPA proposal was accompanied by a motion for expedited review, requesting rule adoption
before June 15, 2005. The Board granted the request, and accordingly adopted the proposal, without commenting
on its merits, for first notice publication. The rulemaking was published in the
Illinois Register
at 28 Ill. Reg. 16137
and 16180.
The ERMS system is a cap and trade program that involves volatile organic material (VOM) emissions in the
Chicago area. It is designed to reduce VOM emission in the Chicago non-attainment area below the levels required
by reasonably available control technology and other emission standards. The IEPA is proposing revisions to the
program rules affecting sources in the Chicago ozone non-attainment area.
The IEPA asserts that revisions are needed because the United States Environmental Protection Agency (USEPA) is
revoking the 1-hour ozone national ambient air quality standard (NAAQS) effective on June 15, 2005. More
specifically, on April 30, 2004, USEPA promulgated the first phase of its Final Rule to Implement the 8-Hour
Ozone NAAQS.
See
69 Fed. Reg. 23951. Designations and classifications for this standard were effective on June
15, 2004, and the Chicago area is a Moderate Nonattainment Area for the 8-Hour Ozone NAAQS.
See
69 Fed. Reg.
23858, 23898. However, on June 15, 2005, USEPA is revoking the 1-Hour Ozone NAAQS, including the
associated designations and classifications.
See
69 Fed. Reg
.
23951, 23969.
The IEPA contends that revocation of the 1-hour NAAQS affects applicability thresholds -- currently sources
subject to the CAAPP are those with potential to emit 25 tons of VOM, but once the 1-hour ozone NAAQS is
revoked, the applicability threshold raises to 100 tons. The IEPA asserts that this change will result in less facilities
Environmental Register – December 2004
8
being subject to the rules and a corresponding loss of approximately 330 tons of VOM emissions reductions for
each seasonal allotment period. The IEPA asserts that it must ensure that ERMS remains in place in its current form
so the required VOM emissions reductions in the Chicago area is maintained.
The Board, in response to the motion for expedited consideration, has scheduled hearings in this rulemaking for
January 27, 2005, at 1:00 pm at James R. Thompson Center, 100 West Randolph Street, Room 2-029, Chicago, IL
60601 and for February 22, 2005, 10:30 am, James R. Thompson Center, 100 west Randolph Street, Room 2-027,
Chicago, IL 60601
Copies of the Board’s opinion and order in R05-11 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; e-mail address knittlej@ipcb.state.il.us
Board Accepts IEPA Proposal for Hearing in Proposed Amendments to 35 Ill. Adm. Code 302 and 303 (R05-
10)
On December 16, 2004, the Board accepted for hearing a proposal filed by the Illinois Environmental Protection
Agency (IEPA) on November 8, 2004 to amend the Board’s water quality standards. The proposal seeks to
establish a
Escherichia coli
(E.coli) bacteria water quality standards for Lake Michigan beaches and the Mississippi
River.
In its statement of reasons, the IEPA asserts that changes to the Lake Michigan standards are necessary in order to
comply with Section 303(i) of the Clean Water Act, also known as the Beaches Environmental Assessment and
Coastal Health Act (Beach Act). The Beach Act applies to coastal recreational waters, including Great Lake waters,
and requires, among other things, a Clean Beaches Plan. The Clean Beaches Plan includes two major goals: (1)
promoting recreational water quality programs nationwide; and (2) creating scientific improvements that support
timely recreational water monitoring and reporting.
The IEPA proposes making three primary changes to the Lake Michigan Basin bacteria water quality standards.
First, a definition will be provided for “designated bathing beach waters.” Second, the rule will only apply during
the recreational season (May through October) since bacterial limits are intended to protect humans during whole
body contact activities that occur only during the warmer months. Third, the rule will establish a geometric mean
and single sample maximum for E.coli standards. The IEPA asserts that United States Environmental Protection
Agency (USEPA) guidance pertaining to the National Criteria indicates that a geometric mean has the most direct
relationship to risk over the course of the recreational season and a single sample maximum is the best value against
which to compare individual measurements.
On November 16, 2004 (69 Fed. Reg. 67217) the USEPA adopted water quality standards for bacteria for coastal
recreation waters designated for swimming, bathing, surfing or similar water contact activities. (See
Environmental
Register
summary of the federal action from November 2004). Effective December 16, 2004, the new rules cover
States and Territories, including Illinois, that do not have in place USEPA-approved water quality standards for
bacteria that comply with the requirements of section 303(i)(1)(A) of the Clean Water Act and are as protective of
human health as USEPA's 1986 recommended bacteria criteria.
In this rulemaking, the IEPA also proposes bacteria water quality standards for Illinois’ portion of the Mississippi
River. The IEPA asserts that this change is proposed as a result of an agreement by the USEPA with the Sierra
Club that seeks to have all states on the upper Mississippi River adopt E.coli standards. The IEPA contends that it
has committed to the USEPA that it will initiate its rulemaking process to adopt E.coli standards by September 30,
2004.
The Board’s hearing officer is in the process of scheduling hearings in this rulemaking.
Copies of the Board’s opinion and order in R05-10 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.
Environmental Register – December 2004
9
For additional information contact John Knittle at 217-278-3111; e-mail address knittlej@ipcb.state.il.us
Board Adopts Proposal for Public Comment in RCRA Subtitle C Update, USEPA Amendments (January 1,
2004 through June 30, 2004 and October 25, 2004) (R05-02)
On December 16, 2004, the Board adopted a proposal for comment in RCRA Subtitle C Update, USEPA
Amendments (January 1, 2004 through June 30, 2004 and October 25, 2004) (R05-02). The rulemaking proposes
amendments to the Illinois regulations that are “identical in substance” to hazardous waste regulations adopted by
the United States Environmental Protection Agency (USEPA). The USEPA rules implement Subtitle C of the
federal Resource Conservation and Recovery Act of 1976 (RCRA Subtitle C) (42 U.S.C. §§ 6921
et seq
. (2002)).
This docket includes federal hazardous waste amendments that USEPA adopted in the period July 1, 2004 through
December 31, 2004. The rulemaking proposal was published in the January 3, 2005 issue of the
Illinois Register
at
28 Ill. Reg. 132, 154, 207, and 232. The Board will accept public comments for 45 days after publication, through
February 27, 2005. The Board anticipates adopting final rules based on this proposal at one of the March 2005
meetings.
The substantive amendments in this update deal with the USEPA actions of April 22, 2004 (69 Fed. Reg. 21737),
April 26, 2004 (69 Fed. Reg. 22602), and October 25, 2004 (69 Fed. Reg. 62217).
The USEPA action of April 22, 2004 (69 Fed. Reg. 21737) applies only to members of the National Environmental
Performance Track Program. The amendments relax existing requirements for members of that program. The
amendments extend from 90 days to 180 days the time during which a generator of hazardous waste may
accumulate hazardous waste on-site. If the generator accumulates hazardous waste on-site for longer than the
allowable accumulation time, its facility is designated a hazardous waste treatment, storage, and disposal facility.
The amendments impose various waste and facility management requirements, advanced notice, recordkeeping, and
reporting requirements on the generator as conditions to the extended accumulation time.
On October 25, 2004 (69 Fed. Reg. 62217), USEPA adopted corrections to the April 22, 2004 amendments. The
original rule did not impose the facility and waste management standards of Subparts C, D, AA, BB, and CC on the
management of the accumulating hazardous waste. These requirements pertain to preparedness and prevention,
contingency planning and emergency procedures, and air emissions from process vents; equipment leaks; and tanks,
surface impoundments, and containers. USEPA stated that it had inadvertently omitted the references to these
requirements from the final amendments.
The USEPA action of April 26, 2004 (69 Fed. Reg. 22602) was primarily an action under Section 112 of the federal
Clean Air Act (42 U.S.C. 7412 (2003)), which requires USEPA to establish national emission standards for
hazardous air pollutants (NESHAPs) for new and existing major sources. The NESHAPs are to reflect the
maximum degree of reduction in hazardous air pollutant (HAP) emissions achievable (MACT). The MACT
standard requires all major sources to achieve the HAP emissions reductions already achieved by the best-operated
sources. Only one segment of the new NESHAP pertains to hazardous waste: the management of captured purge
materials from coating equipment. The management of these materials may be subject to the hazardous waste
standards for equipment leaks in Subparts BB of Parts 264 and 265 of the federal standards for hazardous waste
treatment, storage, and disposal facilities (equivalent to Subparts BB and CC of 35 Ill. Adm. Code 724 and 725).
The amendments very clearly exempt from regulation under Subparts BB of Parts 264 and 265 those purged
coatings and solvents from surface coating operations that are subject to the NESHAP applicable to surface coating
of automobiles and light-duty trucks.
The Board made additional, nonsubstantive, amendments to the Parts 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 R05-02 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.
Environmental Register – December 2004
10
For additional information contact Michael J. McCambridge at 312-814-6924; e-mail address
mccambm@ipcb.state.il.us
Board Actions
December 2, 2004
Via Videoconference
Springfield and Chicago, Illinois
Rulemakings
R04-24 In the Matter of: Amendments to the Board’s Procedural Rules to Accommodate
New Statutory Provisions: 35 Ill. Adm. Code 101-130 – The Board adopted a
second notice opinion and order in this rulemaking to amend the Board’s
procedural regulations.
5-0
R, Proc.
Rules
R05-9 In the Matter of: Setback Zone for City of Marquette Heights Community Water
Supply, New 35 Ill. Adm. Code 618 – The Board accepted for hearing the
Illinois Environmental Protection Agency’s November 5, 2004 proposal to
amend the Board’s public water supply regulations.
5-0
R, PWS
R05-11 In the Matter of: Amendments to Emissions Reduction Market System, 35 Ill.
Adm. Code 205 and 211) – The Board accepted for hearing the Illinois
Environmental Protection Agency’s November 19, 2004 proposal to amend the
Board’s air pollution control regulations. The Board granted petitioner’s motion
for expedited consideration and adopted a proposal for public comment.
5-0
R, Air
Adjusted Standards
AS 05-1
In the Matter of: Petition of SCA Tissue North America, L.L.C. for an Adjusted
Standard from 35 Ill. Adm. Code 218.301 and 218.302(c) – The Board directed
petitioner to file proof of publication by December 30, 2004, or this petition will
be dismissed.
5-0
Air
Administrative Citations
AC 04-13 City of Chicago Department of Environment v. Eddie Greer – The Board entered
a final order requiring respondent to pay the Board hearing costs in the amount
of $374.40 and a civil penalty of $3,000. This order follows the Board's interim
order of September 16, 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 Cook County facility.
5-0
AC 04-34 IEPA v. Troy Williamson and Swords Veneer and Lumber Company – In
response to a joint stipulation and settlement agreement in this administrative
citation action involving a Henry County facility, the Board found that
respondents had violated Section 21(p)(1) of the Environmental Protection Act
(415 ILCS 5/21(p)(1) (2002)) and ordered respondents to pay a civil penalty of
$1,500. The Board also granted the parties’ joint motion to dismiss respondents’
petition for review and the alleged violations of 415 ILCS 5/21(p) (4), (7)
(2002).
5-0
Environmental Register – December 2004
11
AC 04-61 IEPA v. Florence Propheter and Propheter Construction Co. – In response to a
joint stipulation and settlement agreement in this administrative citation action
involving a Whiteside County facility, the Board found that respondents had
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. The
Board also granted the parties’ joint motion to dismiss respondents’ petition for
review and the alleged violations of 415 ILCS 5/21(p) (4), (7) (2002).
5-0
AC 04-89
AC 04-90
AC 04-91
IEPA v. Earl and Norma Martin – The Board granted complainant’s motion to
consolidate these administrative citations involving a Knox County facility.
5-0
AC 05-25 County of Montgomery v. Ronald F. Simmons – The Board on its own motion
dismissed this administrative citation for lack of timely service on respondent.
5-0
AC 05-26 County of Montgomery v. Michael Schwab – The Board on its own motion
dismissed this administrative citation for lack of timely service on respondent.
5-0
AC 05-33 IEPA v. Leo and Debra Harn – The Board accepted for hearing this petition for
review of an administrative citation against these McDonough County
respondents.
5-0
Decisions
PCB 04-101 People of the State of Illinois v. DuPage Machine Products, Inc. – In this air
enforcement action concerning a DuPage 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
$37,500 and to cease and desist from further violations.
5-0
A-E
Motions and Other Matters
PCB 01-2 People of the State of Illinois v. National Material L.P. d/b/a National
Lamination Company, and NM Holding, 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 04-90 A & R, Inc. 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
Environmental Register – December 2004
12
PCB 04-108 Midwest Generation, L.L.C. (Collins Generating Station) v. IEPA – The Board
granted petitioner’s motion for voluntary dismissal of this permit appeal
involving a Grundy County facility.
5-0
P-A, Air
PCB 05-54 Rock Road Companies, Inc. v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this permit appeal involving a Winnebago County facility.
5-0
P-A, Air
PCB 05-94 APS Properties 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 Macon
County facility.
5-0
UST Appeal
90-Day Ext.
PCB 05-95 People of the State of Illinois v. Wienmar, Inc. d/b/a Marble Works – The Board
accepted for hearing this air enforcement action involving a site located in Kane
County.
5-0
A-E
PCB 05-96 People of the State of Illinois v. Village of North City, Lawrence A. Lipe &
Associates, Inc., Altman-Charter Company, and Furlong Excavating, Inc. – Upon
receipt of a proposed stipulation and settlement agreement and an agreed motion
to request relief from the hearing requirement in this public water supply
enforcement action involving a Franklin County facility, the Board ordered
publication of the required newspaper notice as to Lipe & Associates, Inc. only.
The Board accepted for hearing this complaint for hearing as to all respondents.
5-0
PWS-E
PCB 05-97 Henson Oil Co. v. IEPA – The Board accepted for hearing this underground
storage tank appeal involving a McLean County facility.
5-0
UST Appeal
PCB 05-98 People of the State of Illinois v. Oasis Industries, Inc., an Illinois corporation –
The Board accepted for hearing this air enforcement action involving a site
located in Kane County.
5-0
A-E
PCB 05-99 People of the State of Illinois v. James Zeller, Thomas Zeller, and Matthew Short
– The Board accepted for hearing this air and land enforcement action involving
a site located in Williamson County.
5-0
A&L-E
PCB 05-100 Estate of Irene Steinheimer 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
Morgan County facility.
5-0
UST Appeal
90-Day
Ext.
Environmental Register – December 2004
13
PCB 05-101 Mac’s Convenience Stores, L.L.C. 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 Will County facility.
5-0
UST Appeal
90-Day
Ext.
PCB 05-102 Village of Crainville 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
Williamson County facility.
5-0
UST Appeal
90-Day
Ext.
PCB 05-103 People of the State of Illinois v. Marc Realty, Inc. (55 E. Jackson L.L.C) – The
Board accepted for hearing this air enforcement action involving a site located in
Cook County.
5-0
A-E
December 16, 2004
Chicago, Illinois
Rulemakings
R05-2 In the Matter of: RCRA Subtitle C (Hazardous Waste) Update, USEPA
Amendments (January 1, 2004 through June 30, 2004) – The Board adopted a
proposal for public comment in this “identical-in-substance” rulemaking to
amend the Board’s hazardous waste regulations.
5-0
R, Land
R05-10 In the Matter of: Bacteria (E-Coli) Water Quality Standard for Lake Michigan
and Mississippi River, Proposed Amendments to 35 Ill. Adm. Code 302 and 303
– The Board accepted for hearing the Illinois Environmental Protection Agency’s
November 8, 2004 proposal to amend the Board’s water quality regulations.
5-0
R, Water
Administrative Citations
AC 04-22 County of Vermilion, Illinois v. Village of Tilton – The Board entered an interim
opinion and order finding respondent violated Sections 21(p)(3) of the
Environmental Protection Act (415 ILCS 5/21(p)(3) (2002)) and assessing a
penalty of $1,500. The Board ordered the Clerk of the Board and the County of
Vermilion to file within 14 days a statement of hearing costs, supported by
affidavit, with service on respondent.
5-0
AC 04-46 IEPA v. Christopher Coleman – The Board entered a final opinion and order
requiring respondent to pay hearing costs of the Illinois Environmental
Protection Agency and the Board in the amount of $318.05 and a civil penalty of
$3,000. This order follows the Board's interim order of November 4, 2004,
which found that this respondent had violated Sections 21(p)(1) and 21(p)(7) of
the Environmental Protection Act (415 ILCS 5/21(p)(1) and (p)(7) (2002)) at his
Union County facility.
5-0
Environmental Register – December 2004
14
AC 05-32 IEPA v. James A. Haas, Jr. – The Board dismissed the December 3, 2004
petition for review as untimely filed. The Board found that this Sangamon
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 $3,000.
5-0
Decisions
PCB 04-224 People of the State of Illinois v. Heritage FS, Inc. – In this water enforcement
action concerning a Kankakee 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 $10,000 and to cease
and desist from further violations.
5-0
W-E
PCB 05-75 People of the State of Illinois v. Dennis Elahi d/b/a Paramount Management and
Construction Company – 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 respondent to
pay a total civil penalty of $30,000 and to cease and desist from further
violations.
5-0
A-E
Motions and Other Matters
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt Co., Inc., and Richard J.
Frederick – The Board denied complainant’s motion to void the Board’s October
21, 2004 order. The stay of the $153,000 civil penalty imposed in the September
2, 2004 order will remain in effect until the Board issues a final order in this
matter. In that final order, the Board will lift the stay, direct the respondents to
pay the civil penalty and address the issue of attorney fees and costs. The
respondents are hereby given until January 13, 2005 to respond to the
complainant’s request for attorney fees and costs.
5-0
W-E
PCB 02-115
People of the State of Illinois v. Blue Ridge Construction Corporation – The
Board granted respondent’s motion to stay enforcement of monetary penalty
pending the outcome of the appeal pending before the Appellate Court.
5-0
A&W-E
PCB 04-136
People of the State of Illinois v. Cromwell-Phoenix, 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 05-45
United Parcel Service (Claim #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 St. Clair County facility.
5-0
UST Appeal
Environmental Register – December 2004
15
PCB 05-46
United Parcel Service (Claim #3) 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 St. Clair County facility.
5-0
UST Appeal
PCB 05-47
United Parcel Service (Claim #2) 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 St. Clair County facility.
5-0
UST Appeal
PCB 05-52
People of the State of Illinois v. Safe Lock Self Storage 2, LLC – The Board
granted complainant’s motion and accepted the amended complaint in this water
enforcement action involving a site located in St. Clair County. The Board
ordered publication of the required newspaper notice upon receipt of a proposed
stipulation and settlement agreement and an agreed motion to request relief from
the hearing requirement.
5-0
W-E
PCB 05-101
Mac’s Convenience Stores L.L.C. v. IEPA – The Board ordered petitioner to file
an amended petition to cure noted deficiencies by February 5, 2005, or this
matter will be dismissed.
5-0
UST Appeal
PCB 05-104
L&M Pork Farm, Inc. (Property Identification Number 14-01-300-005) v. IEPA
– Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of L&M
Pork Farm located in Woodford 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 05-106
Sunrise AG Services Company (Property Identification Number 09-11-200-002-
0080) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of Sunrise
AG Services Company located in Mason 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 05-108
William Breuer v. IEPA – The Board granted this request for a 90-day extension
of time to file an underground storage tank appeal on behalf of this Washington
County facility.
5-0
UST Appeal
90-Day Ext.
PCB 05-109
Paul Johnson, Inc. v. IEPA and City of Waterman, Illinois – The Board accepted
for hearing this water well setback request and granted the motion for expedited
decision in this matter involving a DeKalb County facility.
5-0
WWS
PCB 05-110
People of the State of Illinois v. J. McDaniel, Inc. – The Board accepted for
hearing this water enforcement action involving a site located in Vermilion
County.
5-0
W-E
Environmental Register – December 2004
16
New Cases
December 2, 2004 Board Meeting
05-094
APS Properties 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 Macon County facility.
05-095
People of the State of Illinois v. Wienmar, Inc. d/b/a Marble Works – The Board accepted for hearing this
air enforcement action involving a site located in Kane County.
05-096
People of the State of Illinois v. Village of North City, Lawrence A. Lipe & Associates, Inc., Altman-
Charter Company, and Furlong Excavating, Inc. – Upon receipt of a proposed stipulation and settlement agreement
and an agreed motion to request relief from the hearing requirement in this public water supply enforcement action
involving a Franklin County facility, the Board ordered publication of the required newspaper notice as to Lipe &
Associates, Inc. only. The Board accepted for hearing this complaint for hearing as to all respondents.
05-097
Henson Oil Co. v. IEPA – The Board accepted for hearing this underground storage tank appeal involving a
McLean County facility.
05-098
People of the State of Illinois v. Oasis Industries, Inc., an Illinois corporation – The Board accepted for
hearing this air enforcement action involving a site located in Kane County.
05-099
People of the State of Illinois v. James Zeller, Thomas Zeller, and Matthew Short – The Board accepted for
hearing this air and land enforcement action involving a site located in Williamson County.
05-100
Estate of Irene Steinheimer 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 Morgan County facility.
05-101
Mac’s Convenience Stores, L.L.C. 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 Will County facility.
05-102
Village of Crainville 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 Williamson County facility.
05-103
People of the State of Illinois v. Marc Realty, Inc. (55 E. Jackson L.L.C) – The Board accepted for hearing
this air enforcement action involving a site located in Cook County.
AC 05-037
City of Chicago Department of Environment v. AAA Dollar Disposal, Inc. – The Board accepted an
administrative citation against this Cook County respondent.
AC 05-038
County of Macon, Illinois v. Terry Cripe and Donna Cripe – The Board accepted an administrative
citation against these Macon County respondents.
AC 05-039
County of Macon, Illinois v. Richard Webb and Teresa Webb – The Board accepted an administrative
citation against these Macon County respondents.
AC 05-040
IEPA v. Northern Illinois Service Company – The Board accepted an administrative citation against this
Winnebago County respondent.
AC 05-041
County of Macon, Illinois v. Blue Mound Plumbing – The Board accepted an administrative citation
against this Macon County respondent.
December 16, 2004 Board Meeting
05-104
L&M Pork Farm, Inc. (Property Identification Number 14-01-300-005) v. IEPA – Upon receipt of the
Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities
of L&M Pork Farm located in Woodford County are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).
05-105
Burroughs AG Service, Inc.-Lostant (Property Identification Number 31-27-307-000) v. IEPA – No action
taken.
Environmental Register – December 2004
17
05-106
Sunrise AG Services Company (Property Identification Number 09-11-200-002-0080) v. IEPA – Upon
receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that
specified facilities of Sunrise AG Services Company located in Mason County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).
05-107
Burroughs AG Service, Inc.-Wyoming (Property Identification Number 05-29-300-007) v. IEPA – No
action taken.
05-108
William Breuer v. IEPA – The Board granted this request for a 90-day extension of time to file an
underground storage tank appeal on behalf of this Washington County facility.
05-109
Paul Johnson, Inc. v. IEPA and City of Waterman, Illinois – The Board accepted for hearing this water well
setback request and granted the motion for expedited decision in this matter involving a DeKalb County facility.
05-110
People of the State of Illinois v. J. McDaniel, Inc. – The Board accepted for hearing this water enforcement
action involving a site located in Vermilion County.
AC 05-042
IEPA v. Knox County Landfill Committee and Greg Ingle – The Board accepted an administrative
citation against these Knox County respondents.
AC 05-043
County of Macon, Illinois v. David Beck – The Board accepted an administrative citation against this
Macon County respondent.
R05-012
In the Matter of: RCRA Subtitle D (Municipal Solid Waste Landfill) Update, USEPA Amendments (July
1, 2004 through December 31, 2004) – The Board reserved this docket for a routine identical-in-substance update.
The update includes any federal amendments which occurred during the period of July 1, 2004 through December
31, 2004.
R05-013
In the Matter of: RCRA Subtitle C (Hazardous Waste) Update, USEPA Amendments (July 1, 2004
through December 31, 2004) – The Board reserved this docket for a routine identical-in-substance update. The
update includes any federal amendments which occurred during the period of July 1, 2004 through December 31,
2004.
R05-014
In the Matter of: UST Update, USEPA Amendments (July 1, 2004 through December 31, 2004 – The
Board reserved this docket for a routine identical-in-substance update. The update includes any federal amendments
which occurred during the period of July 1, 2004 through December 31, 2004.
R05-015
In the Matter of: Wastewater Pretreatment Update, USEPA Amendments (July 1, 2004 through December
31, 2004) – The Board reserved this docket for a routine identical-in-substance update. The update includes any
federal amendments which occurred during the period of July 1, 2004 through December 31, 2004.
R05-016
In the Matter of: Definition of VOM Update, USEPA Amendments (July 1, 2004 through December 31,
2004) – The Board reserved this docket for a routine identical-in-substance update. The update includes any federal
amendments which occurred during the period of July 1, 2004 through December 31, 2004.
R05-017
In the Matter of: SDWA Update, USEPA Amendments (July 1, 2004 through December 31, 2004) – The
Board reserved this docket for a routine identical-in-substance update. The update includes any federal amendments
which occurred during the period of July 1, 2004 through December 31, 2004.
R05-018
In the Matter of: UIC Update, USEPA Amendments (July 1, 2004 through December 31, 2004) – The
Board reserved this docket for a routine identical-in-substance update. The update includes any federal amendments
which occurred during the period of July 1, 2004 through December 31, 2004.
Environmental Register – December 2004
18
Calendar
1/6/05
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
1/6/05
1:30 PM
R05-08
In the Matter of: Mercury Wastes Under
PA 93-0964: Amendments to Standards
for Universal Waste Management
(35 Ill. Adm. Code Parts 703, 720, 721,
724, 725, 728, and 733)
Illinois Environmental Protection
Agency
Training Room 1214 West
North Entrance
1021 N. Grand Avenue East
Springfield
1/14/05
10:30 AM
PCB 05-83 Bowman Oil Company v. IEPA
Benton City Hall Council
Chambers
500 W. Main Street
Benton
1/19/05
10:30 AM
PCB 05-97 Henson Oil Co. v. IEPA
Illinois Pollution Control Board
Hearing Room
1021 North Grand Avenue East
(North Entrance)
Springfield
1/20/05
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Hearing Room 9-040
100 W. Randolph Street
Chicago
1/27/05
1:00 AM
R05-11
In the Matter of: Amendments to
Emissions Reduction Market System, 35
Ill. Adm. Code 205 and 211
James R. Thompson Center
Room 2-029
100 W. Randolph Street
Chicago
1/31/05
9:00 AM
PCB 99-187
Gina Pattermann v. Boughton Trucking
and Materials, Inc.
Bolingbrook Village Hall
Boardroom
375 West Briar Cliff Road
Bolingbrook
2/1/05 PCB 99-187
Gina Pattermann v. Boughton Trucking
and Materials, Inc.
Bolingbrook Village Hall
Boardroom
375 West Briar Cliff Road
Bolingbrook
Environmental Register – December 2004
19
2/2/05
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
2/10/05
9:00 AM
PCB 05-55
Village of Lake Barrington, Cuba
Township, Prairie Rivers Network, Sierra
Club, Beth Wentzel and Cynthia
Skrukrud v. IEPA and Village of
Wauconda (Consolidated: PCB 05-55,
58, and 59)
Village Hall
2
nd
Floor—Board Room
118 West Cook
Libertyville
2/10/05
9:00 AM
PCB 05-58
Slocum Lake Drainage District of Lake
County, Illinois v. Illinois Environmental
Protection Agency and Village of
Wauconda, Illinois (Consolidated: PCB
05-55, 58, and 59)
Village Hall
2
nd
Floor—Board Room
118 West Cook
Libertyville
2/10/05
9:00 AM
PCB 05-59
Al Phillips, Vern Meyer, Gayle DeMarco,
Gabrielle Meyer, Lisa O’Dell, Joan
Leslie, Michael Davey, Nancy Dobner,
Mike Polito, Williams Park Improvement
Association, Mat Schlueter, Mylith Park
Lot Owners Association, Donald Krebs,
Don Berkshire, Judy Brumme, Twin
Pond Farms Homeowners Association,
Julia Tudor, Christine Deviney v. Illinois
Environmental Protection Agency and
Village of Wauconda (Consolidated:
PCB 05-55, 58, and 59)
Village Hall
2
nd
Floor—Board Room
118 West Cook
Libertyville
2/11/05
9:00 AM
PCB 05-55
Village of Lake Barrington, Cuba
Township, Prairie Rivers Network, Sierra
Club, Beth Wentzel and Cynthia
Skrukrud v. IEPA and Village of
Wauconda (Consolidated: PCB 05-55,
58, and 59)
Village Hall
2
nd
Floor—Board Room
118 West Cook
Libertyville
2/11/05
9:00 AM
PCB 05-58
Slocum Lake Drainage District of Lake
County, Illinois v. Illinois Environmental
Protection Agency and Village of
Wauconda, Illinois (Consolidated: PCB
05-55, 58, and 59)
Village Hall
2
nd
Floor—Board Room
118 West Cook
Libertyville
Environmental Register – December 2004
20
2/11/05
9:00 AM
PCB 05-59
Al Phillips, Vern Meyer, Gayle DeMarco,
Gabrielle Meyer, Lisa O’Dell, Joan
Leslie, Michael Davey, Nancy Dobner,
Mike Polito, Williams Park Improvement
Association, Mat Schlueter, Mylith Park
Lot Owners Association, Donald Krebs,
Don Berkshire, Judy Brumme, Twin
Pond Farms Homeowners Association,
Julia Tudor, Christine Deviney v. Illinois
Environmental Protection Agency and
Village of Wauconda (Consolidated:
PCB 05-55, 58, and 59)
Village Hall
2
nd
Floor—Board Room
118 West Cook
Libertyville
2/17/05
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Hearing Room 9-040
100 W. Randolph Street
Chicago
2/22/05
10:30 AM
R05-11
In the Matter of: Amendments to
Emissions Reduction Market System, 35
Ill. Adm. Code 205 and 211
James R. Thompson Center
Room 2-207
100 W. Randolph Street
Chicago
2/24/05
9:00 AM
PCB 05-85
Citgo Petroleum Corporation and PDV
Midwest Refining, LLC v. IEPA
James R. Thompson Center
Room 11-512
100 W. Randolph Street
Chicago
3/1/05
10:00 AM
R05-09
In the Matter of: Setback Zone for City
of Marquette Heights Community Water
Supply, New 35 Ill. Adm. Code 618
Pekin City Hall
Council Chambers—2
nd
Floor
111 South Capitol Street
Pekin
3/3/05
11:00 AM
Illinois Pollution Control Board Meeting
Illinois Pollution Control Board
Hearing Room
(North Entrance)
1021 North Grand Avenue East
Springfield
3/17/05
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Hearing Room 9-040
100 W. Randolph Street
Chicago
4/5/05
10:00 AM
R05-09
In the Matter of: Setback Zone for City
of Marquette Heights Community Water
Supply, New 35 Ill. Adm. Code 618
James R. Thompson Center
Room 2-025
100 W. Randolph Street
Chicago
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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.
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Illinois Pollution Control Board
Environmental Register Coordinator
1021 N. Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
