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 summer, the Board will continue to move forward with a
number of rulemaking dockets. I’ve described below the activity scheduled
in some of the most significant of those rulemakings. As always, you can
find more information about the Board’s activities through our Web site at
www.ipcb.state.il.us.
R 04-22,23: Petroleum Leaking Underground Storage Tanks
The Board has for sometime considered changes to the state’s
Underground Storage Tank (UST) program. At its February 17, 2005
meeting, the Board adopted for first notice under the Illinois Administrative
Procedure Act (5 ILCS 100/1-1
et seq.
(2002)) regulations originally
proposed by the Illinois Environmental Agency (IEPA). The Board’s
proposal reflects testimony received in seven days of hearings and a
substantial number of public comments.
Specifically, the Board proposes lump sum maximum payments for performance of certain tasks. The
proposal also includes provisions for soliciting and reviewing bids for remediation tasks and for extraordinary
circumstances. The Board also proposes a definition of “financial interest” and would prohibit reimbursement for
payment of handling charges for subcontractors when the primary contractor has a financial interest in that
subcontractor. The proposal will also prohibit a subcontractor from bidding on a project where the primary
contractor has a financial interest in the subcontractor.
In response to requests, the hearing officer found that an additional hearing is warranted. That hearing will
take place on Wednesday, July 27, 2005 at 10:00 AM in the Lesar Law Building at Southern Illinois University in
Carbondale. Although the deadline to pre-file testimony for this hearing passed on Friday, July 8, 2005, the Board
will accept comments from the public at the hearing as time allows and for some time after it concludes.
R 04-21: Radium Water Quality Standards
At its April 7, 2005 meeting, the Board adopted as a second first-notice proposal radium standards
originally filed by the IEPA on January 13, 2004. The Board’s proposal reflects testimony received during five
days of public hearings and a number of public comments.
Specifically, the Board proposes a new general use water quality standard of 3.75 picocuries per liter
(pCi/L) combined radium 226 and 228 in place of the existing standard of 1 pCi/L for radium 226. The proposal
also applies a combined radium standard of 30 pCi/L combined radium 226 and 228 to stream segments that receive
discharge from POTWs receiving wastewater discharge from public water supplies using groundwater with a high
radium concentration as a drinking water source. The 30 pCi/L standard will apply only from the point of discharge
to the point one mile downstream from the discharge outfall.
In response to a request from the City of Joliet, the Board recently extended the public comment period in
this rulemaking by 60 days until August 15, 2005. Note that public comments may be filed electronically with the
Board. Our Web site at www.ipcb.state.il.us contains more information about this option.
R 04-25: Dissolved Oxygen Water Quality Standards
On April 19, 2004, the Illinois Association of Wastewater Agencies (IAWA) filed a rulemaking proposal
to amend the dissolved oxygen water quality standard. On August 25, 2005, at 10:30 AM, the Board with the
agreement of the participants in this proceeding will conduct a third hearing in this matter at the Michael. J. Bilandic
Building at 160 N. LaSalle St. in Chicago. Pre-filed testimony must be received in the Clerk’s office no later than
August 4, 2005. Those who do not prefile may testify as time permits on the day of the hearing and at the discretion
of hearing officer.
More information about these rulemaking dockets, including copies of Board opinions, proposed rules,
hearing officer orders, and hearing transcripts, may be viewed on the Board’s Website at www.ipcb.state.il.us or by
contacting the Clerk’s Office. I invite you to take a closer look at those proceedings and to assist us in the
development of sound environmental policy for the people of Illinois.
Sincerely,
J. Philip Novak
Chairman
Environmental Register – June 2005
1
Inside This Issue:
FEDERAL UPDATE
P. 1
APPELLATE UPDATE
P. 3
RULE UPDATE
P. 3
BOARD ACTIONS
P. 5
NEW CASES
P. 11
PROVISIONAL VARIANCES
P. 13
BOARD CALENDAR
P. 13
Federal Update
United States Environmental Protection Agency Adopts Amendments to the Testing and Monitoring
Requirements under the Resource Conservation and Recovery Act
On June 14, 2005 (70 Fed. Reg. 34537) the United States Environmental Protection Agency (USEPA) amended a
variety of testing and monitoring requirements in the Resource Conservation and Recovery Act (RCRA) hazardous
and non-hazardous solid waste regulations and in certain Clean Air Act (CAA) regulations that relate to hazardous
waste combustors.
USEPA stated that these amendments allow more flexibility when conducting RCRA-related sampling and analysis.
USEPA removed a requirement to use the methods found in “Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,” also known as “SW-846,” in conducting various testing and monitoring. USEPA also
limited required uses of an SW-846 method to circumstances where the method is the only one capable of
measuring the particular property (i.e., the method is used to measure a required method-defined parameter).
Additionally, USEPA made certain other clarifications and technical amendments.
According to USEPA, this action is an important step forward in implementing the use of a performance-based
approach, which is part of USEPA's efforts toward Innovating for Better Environmental Results. These changes
should make it easier and more cost effective to comply with the affected regulations, without compromising human
health or environmental protection.
This final rule is effective on July 14, 2005.
For information on this rulemaking, contact Kim Kirkland at: Office of Solid Waste (5307W), U. S. Environmental
Protection Agency, 1200 Pennsylvania Avenue, SW., Washington, DC 20460-0002, (703) 308-8855, e-mail
address: kirkland.kim@epa.gov.
The Board will include any necessary amendments to Board RCRA rules resulting from this federal action in a
future RCRA identical in substance rulemaking pursuant to Sections 7.2 and 22.4 of the Environmental Protection
Act (415 ILCS 5/7.2, 22.4 (2004)). If any amendments to the Illinois air rules become necessary, the Board would
expect the Illinois Environmental Protection Agency to propose amendments using the CAA “fast-track” procedures
at Section 28.5 of the Environmental Protection Act (415 ILCS 5/28.5 (2004)).
United States Environmental Protection Agency Provides Notice of Illinois’ Request for a Waiver from
Requirements for Asbestos-Containing Materials in Schools
On June 14, 2005 (70 Fed. Reg. 34474) the United States Environmental Protection Agency (USEPA) published
notification that it had received a complete application from Governor Rod Blagojevich for waiver of USEPA’s
asbestos-in-schools regulations in Illinois. USEPA will grant a waiver of these requirements if USEPA determines,
after notice and comment and opportunity for a public hearing, that Illinois is implementing or intends to implement
a program of asbestos inspection and management at least as stringent as USEPA's program. The notice announced
Environmental Register – June 2005
2
an opportunity for interested persons to request a public hearing on the Illinois waiver request and solicited written
comments.
The Illinois program for asbestos inspection and management in schools is administered and enforced by the
Department of Public Health (DPH), the Attorney General, and States Attorneys. The authorities presented by the
State as making up the Illinois asbestos-in-schools program include the Illinois Asbestos Abatement Act (105 ILCS
105), the Illinois Commercial and Public Building Asbestos Abatement Act (225 ILCS 207), the Department of
Public Health Act (20 ILCS 2305), and DPH asbestos regulations (77 Ill. Adm. Code 855).
Written comments under docket ID number OPPT-2004-0096 must be received on or before August 15, 2005.
Each comment must include the name and address of the submitter. Any request for a public hearing must be in
writing, be received on or before August 15, 2005, and detail specific objections to the grant of the waiver. If,
during the comment period, USEPA receives such a request for a public hearing, USEPA will schedule a public
hearing in Illinois following the comment period. USEPA will announce the date of the public hearing in the
Federal Register
.
For general information contact: Colby Linter, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460-0001; telephone number: (202) 554-1404; e-mail address: TSCA-Hotline@epa.gov.
For technical information contact: Philip King, Asbestos Coordinator, (DT-8J), Region V, Environmental
Protection Agency, 77 W. Jackson Blvd., Chicago, IL 60604; telephone number: (312) 353-9062; e-mail address:
king.phillip@epa.gov.
United States Environmental Protection Agency Adopts Amendments to Establish In-Use Testing for Heavy-
Duty Diesel Engines and Vehicles Under the Clean Air Act
On June 14, 2005 (70 Fed. Reg. 34593) the United States Environmental Protection Agency (USEPA) adopted
amendments to control emissions of air pollution from new motor vehicles. The amendments established a
manufacturer-run, in-use emissions testing program for 2007 and later model year heavy-duty diesel vehicles.
According to USEPA, the “ground-breaking” in-use test program will require engine manufacturers to measure
exhaust emissions from their diesel engines using portable emissions measurement systems. Also for the first time,
all manufacturers will be regularly providing USEPA with a significant quantity of emissions data generated from
engines used in regular service, which USEPA will evaluate to ensure the engines comply with specified emissions
requirements.
The rule is a result of an agreement between USEPA and the Engine Manufacturers Association. This rule
advances USEPA's clean diesel activities by helping to ensure that the benefits of more stringent emission standards
are realized under real-world driving conditions.
This final rule is effective August 15, 2005.
For further information contact: USEPA, Office of Transportation and Air Quality, Assessment and Standards
Division hotline at (734) 214-4636 or asdinfo@epa.gov, or alternatively Carol Connell (734) 214-4349 or
connell.carol@epa.gov.
If any amendments to the Illinois air rules become necessary, the Board would expect the Illinois Environmental
Protection Agency to propose amendments using the Clean Air Act “fast-track” procedures at Section 28.5 of the
Environmental Protection Act (415 ILCS 5/28.5 (2004)).
Environmental Register – June 2005
3
Appellate Update
Supreme Court Denies Petition for Leave to Appeal Third District Appellate Court to Decision Affirming
Board Order Vacating Grant of Local Siting Approval for Landfill Expansion in Waste Management of
Illinois, Inc. v. Illinois Pollution Control Board, County of Kankakee, County Board of Kankakee, City of
Kankakee, Merlin Karlock, Keith Runyon, and Michael Watson, No. 100166 (May 25, 2005)(PCB 03-125,
PCB 03-133, PCB 03-134, PCB 03-135 (cons.))
On May 25, 2005, in its Docket No. 100166, the Illinois Supreme Court denied a petition for leave to appeal the
published decision of the Appellate Court for the Third District in Waste Management of Illinois, Inc. v. Illinois
Pollution Control Board et al., 292 Ill. Dec. 445, 826 N.E.2d 586 (3rd Dist. 2005). The Clerk of the Supreme Court
issued the Court’s mandate to the appellate court on June 16, 2005.
The Third District’s original unpublished order was summarized in detail in
Environmental Register
No. 608
(February 2005) at pp. 3-7. The case was discussed again in
Environmental Register
No. 609 (March 2005) at pp.
4-5 after the Court’s grant of the Board’s motion to publish that decision.
In brief, the Board vacated the County Board's decision on jurisdictional grounds. The Board found the County
lacked jurisdiction over the siting application because Waste Management of Illinois, Inc. (WMII) failed to notify a
nearby landowner, Brenda Keller, of its siting application in accordance with Section 39.2(b) of the Act (415 ILCS
5/39.2(b) (2002)). Section 39.2(b) of the Act (415 ILCS 5/39.2(b) (2002)) has three distinct elements. First,
property owners listed on the authentic tax records must be served notice. Second, property owners who own
property within 250 feet of the lot line of the proposed facility must be notified. Third, service on those property
owners must be made using certified mail return receipt or personal service.
The Board moved to publish the court's decision primarily because it was the first appellate court to apply to Section
39.2 (b) of the Act the Illinois Supreme Court’s holding in People
ex rel.
v. $30,700 U.S. Currency
et al.
, 199 Ill. 2d
142. 766 N.E.2d 1084 (2002) ($30,700 U.S. Currency). Under $30,700 U.S. Currency, service is deemed complete
once the notice is placed in the mail. In other words, under Section 39.2(b) of the Act (415 ILCS 5/39.2(b) (2002)),
an applicant can effect service by mailing the pre-filing notice to property owners certified mail return receipt and
the service is proper upon mailing. The Board found the Supreme Court’s decision in $30,700 U.S. Currency
effectively overruled the appellate court’s decision in Ogle County Board v. PCB, 272 Ill. App. 3d 184, 649 N.E.2d
545 (2nd Dist 1995) (Ogle County) (finding that actual receipt of notice by the landowner, and not just mailing of it
by the applicant, was required to effectuate service under Section 39.2 (b) of the Act).
Back to top
Rule Update
Board Grants Motion to Extend the Public Comment Period in Revisions to Radium Water Quality
Standards: Proposed New 35 Ill. Adm. Code 302.307 and Amendments to 35 Ill. Adm. Code 302.207 and
302.525 (R04-21)
On June 2, 2005, the Board granted the motion filed by the City of Joliet (Joliet) to extend the first notice public
comment period in this rulemaking. The 45-day public comment period, originally scheduled to end on June 13,
2005, will now run through August 15, 2005.
In its May 13, 2005 motion for an extension of time, Joliet stated that it needed additional time to develop data to
clarify the range of combined radium levels in discharge from publicly owned treatment works (POTWs) that rely
on groundwater containing more that 3.75 pCi/L combined radium. Joliet stated that it is working with a number of
other POTWs that also utilize groundwater with natural levels of radium that exceed 3.75 pCi/L to collect data to
present to the Board. In its motion, Joliet stated that the extension of time would allow Joliet enough time to collect
samples, have the samples analyzed, prepare the laboratory sampling analysis report and transmit the results,
analyze and compile the various combined radium results, and prepare a public comment based on the results to
present to the Board.
Environmental Register – June 2005
4
The Board did not receive any objections to this motion. In its June 2, 2005 order, the Board found that the
additional information that Joliet plans to present would more fully develop the record before the Board in this
rulemaking. Therefore, the Board granted the motion to extend the public comment period.
Copies of the Board’s order in R04-21 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 Amy Antoniolli at 312/814-3665; email address antonioa@ipcb.state.il.us.
Board Adopts Final Opinion and Order in Amendments to Emissions Reduction Market System, 35 Ill. Adm.
Code 205 and 211 (R05-11)
On June 2, 2005, the Board adopted a final opinion and order in Amendments to Emissions Reduction Market
System, 35 Ill. Adm. Code 205 and 211 (R05-11). The adopted rulemaking amends the Board’s air regulations for the
Emissions Reduction Market System (ERMS). The Board made only minor changes to the proposal it adopted for first
notice on November 19, 2004 (published on December 17, 2004 at 28 Ill. Reg. 16137 and 16180). The adopted
amendments were filed with the Secretary of State’s Index office with a June 13, 2005 effective date and published
in the
Illinois Register
on June 24, 2005 at 29 Ill. Reg. 8848 and 8892.
The ERMS system is a cap and trade program that involves 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 rulemaking revised the program rules affecting sources in the
Chicago ozone non-attainment area by modifying the applicability provisions and clarifying other related provisions
that were affected by the implementation of the 8-Hour Ozone National Ambient Air Quality Standard and the
revocation of the 1-Hour Ozone National Ambient Air Quality Standard.
These revisions were necessary because the United States Environmental Protection Agency (USEPA) revoked the
1-hour ozone national ambient air quality standard (NAAQS) effective 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 revoked the 1-Hour Ozone NAAQS, including the associated designations and
classifications.
See
69 Fed. Reg
.
23951, 23969.
The revocation of the 1-hour NAAQS affects applicability thresholds. Prior to this rulemaking sources subject to
the CAAPP were those with potential to emit 25 tons of VOM, but now that the 1-hour ozone NAAQS is revoked,
the applicability threshold raises to 100 tons. The amendments adopted in this rulemaking are designed to ensure
that ERMS remains in place in its current form so the required VOM emissions reductions in the Chicago area are
maintained.
The Board held hearings in this rulemaking in Chicago on January 27, 2005 and on February 22, 2005. The Board
did not receive any public comments in this rulemaking.
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
Environmental Register – June 2005
5
Board Actions
June 2, 2005
Via Videoconference
Springfield and Chicago, Illinois
Rulemakings
R04-21 In the Matter of: Revisions to Radium Water Quality Standards: Proposed New
35 Ill. Adm. Code 302.307 and Amendments to 35 Ill. Adm. Code 302.207 and
302.525 – The Board granted the City of Joliet’s motion for extension of the
public comment period until August 15, 2005.
5-0
R, Water
R05-11 In the Matter of: Amendments to Emissions Reduction Market Systems, 35 Ill.
Adm. Code 205 and 211 – The Board adopted a final opinion and order in this
rulemaking amending the Board’s air regulations.
5-0
R, Air
Administrative Citations
AC 03-5 IEPA v. Loxley, Inc. – In response to a joint stipulation and settlement agreement
in this administrative citation action involving a Cass County facility, the Board
found that respondent 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 respondent’s petition for review and the alleged violations of 415 ILCS
5/21(p) (3), (4), (7) (2002).
5-0
AC 05-51 County of Sangamon v. Patrick O’Keefe – The Board granted complainant’s
motion for voluntary dismissal of this administrative citation.
5-0
AC 05-61 IEPA v. Timothy Pearce – The Board accepted for hearing a petition for review
of an administrative citation against this Clay County respondent.
5-0
AC 05-64 IEPA v. Charles Bellemey and Willie Doucher – The Board accepted for
hearing, respondent, Charles Bellemey’s petition for review of an administrative
citation. Because Willie Doucher (Doucher) failed to timely file a petition for
review, the Board found that this Champaign County respondent violated Section
21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2002)), and ordered
Doucher to pay a civil penalty of $3,000.
5-0
AC 05-65 County of Montgomery v. Michael Schwab – The Board found that this
Montgomery County respondent violated Section 21(p)(1) and (p)(7) of the Act
(415 ILCS 5/21(p)(1), (p)(7) (2002)), and ordered respondent to pay a civil
penalty of $3,000.
5-0
Environmental Register – June 2005
6
AC 05-67 IEPA v. Donald E. and Mary A. Jennings – The Board found that these Brown
County respondents violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1)
(2002)), and ordered respondents to pay a civil penalty of $1,500.
5-0
Decisions
PCB 05-89 People of the State of Illinois v. Redfearn Earthmoving, Inc. – In this water
enforcement action concerning a Jo Daviess 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
$2,000, and to cease and desist from further violations.
5-0
W-E
Motions and Other Matters
PCB 03-222 People of the State of Illinois v. Mecalux Illinois, 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 04-49 Jo'Lyn Corporation v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this permit appeal involving a McHenry County facility.
5-0
P-A, Land
PCB 05-13 People of the State of Illinois v. Paul DiFranco, Sr. and Mark’s Construction,
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 05-158 Wilson Sporting Goods v. IEPA – Having previously granted a request for a 90-
day extension, the Board dismissed this matter because no underground storage
tank appeal was filed on behalf of this Cook County facility.
UST Appeal
PCB 05-197 Pete’s Marathon 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 Marion
County facility.
5-0
UST Appeal
90-Day Ext.
PCB 05-198 Basic Wire & Cable v. IEPA – The Board granted this request for a 90-day
extension of time to file an underground storage tank appeal on behalf of this
Cook County facility.
5-0
UST Appeal
90-Day
Ext.
Environmental Register – June 2005
7
PCB 05-199 People of the State of Illinois v. Champion Environmental Services, Inc. – The
Board accepted for hearing this air enforcement action involving a site located in
Rock Island County.
5-0
A-E
PCB 05-200 People of the State of Illinois v. Greg Rudeen individually and d/b/a Rock River
Townhomes and d/b/a Rudeen and Associates – The Board accepted for hearing
this water enforcement action involving a site located in Winnebago County.
5-0
W-E
June 16, 2005
Chicago, Illinois
Adjusted Standards
AS 05-2 In the Matter of: Petition of the Village of Bensenville for an Adjusted Standard
from 35 Ill. Adm. Code 620.410 Regarding Chloride – The Board accepted for
hearing petitioner’s second amended petition.
5-0
Water
Administrative Citations
AC 04-63
AC 04-64
(cons.)
County of Jackson v. Egon Kamarasy – The Board entered an interim opinion
and order finding respondent violated Section 21(p)(1), (p)(3) and (p)(7) of the
Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2002)) and assessing a penalty of
$7,5000. The violations were alleged in two separate administrative citations,
covering a different site. The Board ordered the Clerk of the Board and the
Environmental Protection Agency to file within 14 days a statement of hearing
costs, supported by affidavit, with service on respondent. The Board will then
issue a final order assessing hearing costs.
5-0
AC 05-66 County of Kankakee v. Municipal Trust & Savings Bank Trust #1697 – The
Board found that this Kankakee County respondent violated Sections 21(p)(1),
(p)(3) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2002)), and
ordered respondent to pay a civil penalty of $4,500.
5-0
AC 05-73 County of LaSalle v. Harriet Baugher and John Baugher – The Board on its own
motion dismissed this administrative citation due to complainant’s failure to
timely serve the administrative citation on the respondents and file it with the
Board.
5-0
Decisions
PCB 04-100 People of the State of Illinois v. Roberts Environmental Control, Inc. – In this air
enforcement action concerning a Cook County facility, the Board granted relief
from the hearing requirement of Section 31(c)(1) of the Environmental
Protection Act (415 ILCS 5/31(c)(1) (2002)), accepted a stipulation and
settlement agreement, and ordered the respondent to pay a total civil penalty of
$7,500, and to cease and desist from further violations.
5-0
A-E
Environmental Register – June 2005
8
PCB 04-225 People of the State of Illinois v. Prairie Lane Development, L.L.C. – In this water
enforcement action concerning a Boone 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
$11,000, and to cease and desist from further violations.
5-0
W-E
PCB 05-63 People of the State of Illinois v. North Rockwell, L.L.C. – 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 $37,000, and to cease
and desist from further violations.
5-0
A-E
Motions and Other Matters
PCB 97-2 People of the State of Illinois v. Jersey Sanitation Corporation – The Board
granted respondent’s motion for reconsideration of its February 3, 2005 Board
order, but denied the request to modify the final opinion and order. The
February 3, 2005
order found respondent violated various sections of the
Environmental Protection Act and the Board regulations over a 13-year period.
The Board ordered the respondent to pay a total civil penalty of $65,000 and
$24,100 to the Office of the Attorney General.
5-0
A&W-E
PCB 03-214
PCB 05-48
(not cons.)
Illinois Ayers Oil Company v. IEPA – The Board denied petitioners request for
supplemental attorney fees.
5-0
UST Appeal
PCB 04-103
PCB 04-119
(cons.)
Illinois State Toll Highway Authority (Des Plaines South) v. IEPA – The Board
granted petitioner’s motion for voluntary dismissal of these consolidated
underground storage tank appeals involving a Cook County facility.
5-0
UST Appeal
PCB 04-106 People of the State of Illinois v. Thomas Gray, an individual, Steve Whyte, an
individual, Gladys Whyte, an individual, Leona Childress, an individual, and
William McCoy, an individual – The Board granted complainant’s motion to
voluntarily dismiss respondents Leona Childress and William McCoy from this
enforcement action.
5-0
LE
PCB 04-162 People of the State of Illinois v. Asbestos Control and Environmental Services
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.
5-0
A-E
PCB 04-177 Illinois State Toll Highway Authority (Des Plaines Oasis North) 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 – June 2005
9
PCB 04-186 Waste Management of Illinois, Inc. v. County Board of Kankakee County,
Illinois – The Board denied parties’ joint motion for remand.
5-0
P-C-F-S-R
PCB 04-194 People of the State of Illinois v. Dur-O-Wal, Inc. – 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 Kane
County facility, the Board ordered publication of the required newspaper notice.
5-0
W-E
PCB 05-32 People of the State of Illinois v. GTC, International – The Board granted
complainant’s motion to voluntarily dismiss this air enforcement action involving
a site located in Cook County.
5-0
A-E
PCB 05-101 Mac’s Convenience Stores L.L.C. v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank appeal involving
a Will County facility.
5-0
UST Appeal
PCB 05-125
PCB 05-126
Red Rooster Corporation f/k/a Clark Retail Enterprises, Inc. (Clark Oil #2086) v.
IEPA – The Board granted petitioner’s motion to consolidate these underground
storage tank appeals involving a Peoria County facility.
5-0
P-A, Land
PCB 05-156 Vision Properties Blue Island, L.L.C. v. IEPA – Having previously granted a
request for a 90-day extension, the Board dismissed this matter because no
underground storage tank appeal was filed on behalf of this Cook County
facility.
5-0
UST Appeal
PCB 05-161 Crest Automotive v. IEPA – Having previously granted a request for a 90-day
extension, the Board dismissed this matter because no underground storage tank
appeal was filed on behalf of this Cook County facility.
5-0
UST Appeal
PCB 05-162 Ye Olde Glass Shoppe 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 Clark County facility.
5-0
UST Appeal
PCB 05-166 Clinton County Oil Company, Inc. (Petitioner’s Letter Dated February 8, 2005)
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.
5-0
UST Appeal
PCB 05-167 Clinton Oil Company, Inc. (Petitioner’s Letter Dated March 2, 2005) 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.
5-0
UST Appeal
PCB 05-201 People of the State of Illinois v. Illinois Tool Works, Inc. – The Board accepted
for hearing this air enforcement action involving a site located in Cook County.
5-0
Environmental Register – June 2005
10
A-E
PCB 05-202 People of the State of Illinois v. Phoenix Finishing, Inc. – The Board accepted
for hearing this air enforcement action involving a site located in DuPage
County.
5-0
A-E
PCB 05-203 People of the State of Illinois v. Homewood Disposal Service, Inc. – The Board
accepted for hearing this land enforcement action involving a site located in
Cook County.
5-0
L-E
PCB 05-204 People of the State of Illinois v. Lake Street Development L.L.C. – The Board
accepted for hearing this water enforcement action involving a site located in
Lake County.
5-0
W-E
PCB 05-205 Young Farms-Sumner (Property Identification Number 08-000-852-00) v. IEPA
– Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of Young
Farms located in Lawrence 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 05-206 Probst Grain and Livestock, Inc. (Property Identification Numbers 58-06-05-
400-010; 58-06-08-200-005; 58-06-09-400-02) v. IEPA – Upon receipt of the
Illinois Environmental Protection Agency’s recommendation, the Board found
and certified that specified facilities of Probst Grain and Livestock, Inc. located
in Jasper 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 05-207 People of the State of Illinois v. Precision Twist Drill Co. – The Board accepted
for hearing this air enforcement action involving a site located in McHenry
County.
5-0
A-E
PCB 05-208 Robert Bennett 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 Lake County
facility.
5-0
UST Appeal
90-Day Ext.
PCB 05-209 Larry’s Automotive Service v. IEPA – The Board granted this request for a 90-
day extension of time to file an underground storage tank appeal on behalf of this
Madison County facility.
5-0
UST Appeal
90-Day Ext.
PCB 05-210 Borgic Enterprises, Inc.-Newton (Property Identification Number 29-13-35-300-
008) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of Borgic
Enterprises, Inc. located in Jasper County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code (35 ILCS
5-0
T-C
Environmental Register – June 2005
11
200/11-10 (2002)).
PCB 05-211 Richard Ver Heecke (Property Identification Number 07-21-100-002) v. IEPA –
Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of
Richard Ver Heecke located in Henry 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 05-214 People of the State of Illinois v. Barry Hayden d/b/a Hayden Properties – The
Board accepted for hearing this water enforcement action involving a site located
in St. Clair County.
5-0
W-E
New Cases
June 2, 2005 Board Meeting
05-197
Pete’s Marathon 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 Marion County facility.
05-198
Basic Wire & Cable v. IEPA – The Board granted this request for a 90-day extension of time to file an
underground storage tank appeal on behalf of this Cook County facility.
05-199
People of the State of Illinois v. Champion Environmental Services, Inc. – The Board accepted for hearing
this air enforcement action involving a site located in Rock Island County.
05-200
People of the State of Illinois v. Greg Rudeen individually and d/b/a Rock River Townhomes and d/b/a
Rudeen and Associates – The Board accepted for hearing this water enforcement action involving a site located in
Winnebago County.
AC 05-070
IEPA v. James Stutsman – The Board accepted an administrative citation against this Mason County
respondent.
AC 05-071
IEPA v. Gene Breeden – The Board accepted an administrative citation against this Iroquois County
respondent.
AC 05-072
IEPA v. Gary Clover d//a Clover Concrete – The Board accepted an administrative citation against this
Williamson County respondent.
AC 05-073
County of LaSalle v. Harriet Baugher and John Baugher – The Board accepted an administrative
citation against these LaSalle County respondents.
AC 05-074
IEPA v. Richard Holmes d/b/a/ Rich’s Towing and Linda Holmes – The Board accepted an
administrative citation against these Jackson County respondents.
AC 05-075
County of Montgomery v. Lawrence and Tina Dickenson – The Board accepted an administrative
citation against these Montgomery County respondents.
June 16, 2005 Board Meeting
05-201
People of the State of Illinois v. Illinois Tool Works, Inc. – The Board accepted for hearing this air
enforcement action involving a site located in Cook County.
05-202
People of the State of Illinois v. Phoenix Finishing, Inc. – The Board accepted for hearing this air
enforcement action involving a site located in DuPage County.
05-203
People of the State of Illinois v. Homewood Disposal Service, Inc. – The Board accepted for hearing this
land enforcement action involving a site located in Cook County.
Environmental Register – June 2005
12
05-204
People of the State of Illinois v. Lake Street Development L.L.C. – The Board accepted for hearing this
water enforcement action involving a site located in Lake County.
05-205
Young Farms-Sumner (Property Identification Number 08-000-852-00) v. IEPA – Upon receipt of the
Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities
of Young Farms located in Lawrence County are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).
05-206
Probst Grain and Livestock, Inc. (Property Identification Numbers 58-06-05-400-010; 58-06-08-200-005;
58-06-09-400-02) v. IEPA - Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the
Board found and certified that specified facilities of Probst Grain and Livestock, Inc. located in Jasper County are
pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2002)).
05-207
People of the State of Illinois v. Precision Twist Drill Co. – The Board accepted for hearing this air
enforcement action involving a site located in McHenry County.
05-208
Robert Bennett 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 Lake County facility.
05-209
Larry’s Automotive Service v. IEPA – The Board granted this request for a 90-day extension of time to file
an underground storage tank appeal on behalf of this Madison County facility.
05-210
Borgic Enterprises, Inc.-Newton (Property Identification Number 29-13-35-300-008) v. IEPA – Upon
receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that
specified facilities of Borgic Enterprises, Inc. located in Jasper County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).
05-211
Richard Ver Heecke (Property Identification Number 07-21-100-002) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of
Richard Ver Heecke located in Henry County are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).
05-212
John & Linda Maracic v. TNT Logistics – The Board held for a later duplicative/frivolous determination
this citizens’ noise enforcement action involving a Will County facility.
05-213
Vincent & Jennifer Neri v. TNT Logistics – The Board held for a later duplicative/frivolous determination
this citizens’ noise enforcement action involving a Will County facility.
05-214
People of the State of Illinois v. Barry Hayden d/b/a Hayden Properties – The Board accepted for hearing
this water enforcement action involving a site located in St. Clair County.
AC 05-076
County of Jackson v. Gary Clover – The Board accepted an administrative citation against this Jackson
County respondent.
AC 05-077
IEPA v. Hunter Garrard – The Board accepted an administrative citation against this Crawford County
respondent.
R06-001
In the Matter of: UST Update, USEPA Amendments (January 1, 2005 through June 30, 2005) – The
Board reserved this docket for a routine update, to make the Board rules “identical in substance” to United States
Environmental Protection Agency rules adopted during the update period. The update period is January 1, 2005
through June 30, 2005.
R06-002
In the Matter of: Wastewater Pretreatment Update, USEPA Amendments (January 1, 2005 through June
30, 2005) – The Board reserved this docket for a routine update, to make the Board rules “identical in substance” to
United States Environmental Protection Agency rules adopted during the update period. The update period is
January 1, 2005 through June 30, 2005.
R06-003
In the Matter of: Definition of VOM Update, USEPA Amendments (January 1, 2005 through June 30,
2005) – The Board reserved this docket for a routine update, to make the Board rules “identical in substance” to
United States Environmental Protection Agency rules adopted during the update period. The update period is
January 1, 2005 through June 30, 2005.
Environmental Register – June 2005
13
R06-004
In the Matter of SDWA Update, USEPA Amendments (January 1, 2005 through June 30, 2005) – The
Board reserved this docket for a routine update, to make the Board rules “identical in substance” to United States
Environmental Protection Agency rules adopted during the update period. The update period is January 1, 2005
through June 30, 2005.
R06-005
In the Matter of: UIC Update, USEPA Amendments (January 1, 2005 through June 30, 2005) – The
Board reserved this docket for a routine update, to make the Board rules “identical in substance” to United States
Environmental Protection Agency rules adopted during the update period. The update period is January 1, 2005
through June 30, 2005.
R06-006
In the Matter of: RCRA Subtitle D (Municipal Solid Waste Landfill) Update, USEPA Amendments
(January 1, 2005 through June 30, 2005) – The Board reserved this docket for a routine update, to make the Board
rules “identical in substance” to United States Environmental Protection Agency rules adopted during the update
period. The update period is January 1, 2005 through June 30, 2005.
R06-007
In the Matter of: RCRA Subtitle C (Hazardous Waste) Update, USEPA Amendments (January 1, 2005
through June 30, 2005) – The Board reserved this docket for a routine update, to make the Board rules “identical in
substance” to United States Environmental Protection Agency rules adopted during the update period. The update
period is January 1, 2005 through June 30, 2005.
Provisional Variances
IEPA 05-006 Premcor Refining Group, Inc. v. IEPA
–The Illinois Environmental Protection Agency granted
Premcor Refining Groups Inc. a provisional variance from the accumulation time limitations of 35 Ill. Code
722.134(b) for its facility in Cook County for a time period from June 11, 2005 through July 11, 2005, subject to
conditions. The provisional variance was needed due to unforeseen, temporary, and uncontrollable circumstances.
Public Act 93-0152 (Senate Bill 222) amended Sections 35-37 of the Illinois Environmental Act (415 ILCS 5/5(b)
(2004)) so that provisional variances are issued by the Illinois Environmental Protection Agency (IEPA). If the
IEPA grants a provisional variance, then the IEPA must file a copy of its written decision with the Board. The
Board must maintain copies of the provisional variances for public inspection. Copies of provisional variances can
be obtained by contacting the Clerk’s Office at (312) 814-3620, or by visiting the Board’s Website at
www.ipcb.state.il.us. If the IEPA denies a provisional variance request, then the applicant may initiate a
proceeding with the Board for a full variance.
Calendar
7/01/05
11:00 AM
R05-20
In the Matter of: Proposed Amendments
to Exemptions From State Permitting
Requirements for Plastic Injection
Molding Operations (35 Ill. Adm. Code
201.146)
James R. Thompson Center
Room 8-032
100 W. Randolph Street
Chicago
7/7/05
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
Environmental Register – June 2005
14
7/11/05
11:00 AM
AC 05-28
County of Vermilion, Illinois v. Bill
Wernigk
Municipal Building
Lower level Conference Room
17 West Main Street
Danville
7/15/05
10:00 AM
R05-20
In the Matter of: Proposed Amendments
to Exemptions From State Permitting
Requirements for Plastic Injection
Molding Operations (35 Ill. Adm. Code
201.146)
Illinois Pollution Control Board
Hearing Room
1021 North Grand Avenue East,
(North Entrance)
Springfield
7/18/05
11:00 AM
AC 05-20
IEPA v. John Groff (formerly John Groff
and Robert Groff)(IEPA File #412-04-
AC)
City Hall Council Chambers
101 S. Broadway
Salem
7/21/05
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Hearing Room 9-040
100 W. Randolph Street
Chicago
7/27/05
10:00 AM
R04-22
In the Matter of: Proposed Amendments
to Regulations of Petroleum Leaking
Underground Storage Tanks (35 Ill. Adm.
Code 732)(Consolidated: R04-22 and
R04-23
Lesar Law Building
Room 206
1150 Douglas Dr.
Carbondale
7/27/05
10:00 AM
R04-23
In the Matter of: Regulation of
Petroleum Leaking Underground Storage
Tanks (Proposed new 35 Ill. Adm. Code
734)(Consolidated: R04-22 and R04-23
Lesar Law Building
Room 206
1150 Douglas Dr.
Carbondale
8/4/05
11:00 AM
Illinois Pollution Control Board Meeting
Illinois Pollution Control Board
Hearing Room
1021 North Grand Avenue East
Springfield
8/18/05
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Hearing Room 9-040
100 W. Randolph Street
Chicago
8/24/05
10:00 AM
PCB 05-97
Henson Oil Co. v. IEPA
Illinois Pollution Control Board
Hearing Room
1021 North Grand Avenue East,
(North Entrance)
Springfield
8/25/05
10:30 AM
R04-25
In the Matter of: Proposed Amendments
to Dissolved Oxygen Standards 35 Ill.
Adm. Code 302.206
Michael A. Bilandic Building
Room N505
Fifth Floor
160 N. LaSalle
Chicago
9/1/05
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
Environmental Register – June 2005
15
9/1/05
1:30 PM
R03-09
In the Matter of: Proposed New and
Updated Rules for Measurement and
Numerical Sound Emissions Standards
Amendments to 35 Ill. Adm. Code 901
and 910
Illinois Pollution Control Board
Hearing Room
1021 North Grand Avenue East,
(North Entrance)
Springfield
9/15/05
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Hearing Room 9-040
100 W. Randolph Street
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
