G. Tanner Girard, Acting Chairman
Board Members:
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
June was another busy month at the Board, so I will discuss a few of the highlights.
On June 21, 2007, the Board accepted rulemaking proposal R07-20, Procedures
Required by P. A. 94-849 for Reporting Releases of Radionuclides at Nuclear
Power Plants. The Illinois Environmental Protection Agency (IEPA), in
consultation with the Illinois Emergency Management Agency (IEMA), proposed
the rules to the Board on May 25, 2007 pursuant to P. A. 94-849, which added
Section 13.6 to the Act (415 ILCS 5/13.6 (2006)). Section 13.6 requires that the
Board shall “adopt rules prescribing standards for detecting and reporting
unpermitted releases of radionuclides” within one year from receipt of the proposal.
P. A. 94-849 was enacted following a series of leaks of tritiated water from the
Braidwood Nuclear Power Station in Will County. The Board will hold at least two
hearings in this proceeding. Consult our website (
www.ipcb.state.il.us
) for times
and locations.
Also on June 21, 2007, the Board affirmed Peoria County’s decision to deny siting approval to expand Peoria
Disposal Company’ s existing hazardous waste landfill in Peoria County (
See
PCB 06-184). The Board found that
Peoria County properly voted to deny Peoria Disposal Company’s siting application on May 3, 2006 and that the
procedures Peoria County followed to address the merits of the application were fundamentally fair. Additionally,
the Board found that Peoria County’s determination that Peoria Disposal Company failed to meet the requirements
of criteria i, ii, iii, and v of Section 39.2 of the Act (415 ILCS 5/39.2 (2006)) was not against the manifest weight of
the evidence.
During June the Board also completed hearings in the NO
x
rulemaking proceeding pursuant to Section 28.5 of the
Act (415 ILCS 5/27.5 (2006)). (
See
R07-18, Fast-Track Rules Under Nitrogen Oxide (NO
x
SIP Call Phase II:
Amendments 35 Ill. Adm. Code Section 201.146, Parts 211 and 217 (R07-18)). Hearings for the NO
x
rulemaking
proceeding pursuant to Section 27 of the Act (415 ILCS 5/27 (2006) will begin September 18 in Springfield and
November 5 in Chicago (See R07-19, Section 27 Proposed Rules for Nitrogen Oxide (NO
x
) Emissions from
Stationery Reciprocating Internal Combustion Engines and Turbines: Amendments to 35 Ill. Adm. Code Parts 211
and 217. Our website (
www.ipcb.state.il.us) has times and locations.
Additional information about these proceedings is available from the Board’s Clerk’s Office On-Line (COOL),
which is accessible through the Board’s Web site at www.ipcb.state.il.us.
Sincerely,
Dr. G. Tanner Girard
Environmental Register – June 2007
1
Inside This Issue:
FEDERAL UPDATE
P. 1
R
ULE UPDATE
P. 2
B
OARD ACTIONS
P. 3
N
EW CASES
P. 12
B
OARD CALENDAR
P. 15
Back to top
Federal Update
United States Environmental Protection Agency Proposes Supplemental Amendments to the
Lead Renovation, Repair, and Painting Program Under the Toxic Substances Control Act
On June 5, 2007 (72 Fed. Reg. 31022) the United States Environmental Protection Agency
(USEPA) proposed supplemental amendments to its January 10, 2006 (71 Fed. Reg. 1587)
proposal. In the January rulemaking, USEPA proposed new requirements under the authority of
section 402(c)(3) of the Toxic Substances Control Act (TSCA) to reduce exposure to lead hazards
created by renovation, repair, and painting activities that disturb lead-based paint in “target
housing”. “Target housing” is defined in TSCA section 401 as any housing constructed before
1978, except housing for the elderly or persons with disabilities (unless any child under age 6
resides or is expected to reside in such housing) or any 0-bedroom dwelling. The rulemaking
sought to establish requirements for training renovators and dust sampling technicians; for
certifying renovators, dust sampling technicians, and renovation firms; for accrediting providers
of renovation and dust sampling technician training; for renovation work practices; and for
recordkeeping. That proposal would also allow interested States, Territories, and Indian Tribes
the opportunity to apply for and receive authorization to administer and enforce all of the elements
of the new renovation requirements.
The supplemental notice contains USEPA's proposal to add child-occupied facilities to the
buildings covered by the proposal. Child-occupied facilities may be located in public or
commercial buildings or in target housing. A child-occupied facility would be defined as a
building, or a portion of a building, constructed prior to 1978, visited regularly by the same child,
under 6 years of age, on at least two different days within any week (Sunday through Saturday
period), provided that each day's visit lasts at least 3 hours and the combined weekly visits last at
least 6 hours, and the combined annual visits last at least 60 hours.
Comments, identified by docket identification number EPA-HQ-OPPT-2005-0049, must be
received on or before July 5, 2007 and should be submitted by one of the following methods:
1) Federal eRulemaking Portal: http://www.regulations.gov
.
Follow the on-line instructions for submitting comments.
2) Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
For general information contact: Colby Lintner, 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
.
Environmental Register – June 2007
2
For technical information contact: Mike Wilson, National Program Chemicals Division (7404T),
Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; telephone number: (202) 566-0521; e-mail address:
wilson.mike@epa.gov
.
United States Environmental Protection Agency Proposes Amendments to Refine the
Increment Modeling Procedures Under the Clean Air Act Prevention of Significant
Deterioration New Source Review Program
On June 6, 2007 (72 Fed. Reg. 31371) the United States Environmental Protection Agency
(USEPA) proposed amendments to the New Source Review (NSR) program rules implementing
the Clean Air Act. The NSR program includes Prevention of Significant Deterioration (PSD)
measures, which protect air quality in areas that currently have clean air. For some pollutants, the
PSD program protects clean air through a system of “increments.” These increments specify the
maximum extent to which the ambient concentration of these pollutants may be allowed to
increase above the legally defined baseline concentration in an area with clean air.
In this rulemaking, USEPA proposed to refine several aspects of the method that may be used to
calculate an increase in concentration for increment purposes. USEPA stated that these
refinements are intended to clarify how States and regulated sources may calculate increases in
concentrations for the purposes of determining compliance with the PSD increments.
Written comments, identified by Docket ID No. EPA-HQ-OAR-2006-0888, must be received on
or before August 6, 2007. Submit your comments, by one of the following methods:
1) http://www.regulations.gov
Follow the online instructions for submitting comments.
2) E-mail: a-and-r-docket@epa.gov
.
3) Fax: (202) 566-1741.
4) Mail: Environmental Protection Agency, EPA Docket Center (EPA/DC), Air and
Radiation Docket, Mail Code 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC
20460. Please include 2 copies.
For further information contact Ms. Jessica Montanez, New Source Review Group, Air Quality
Policy Division (C504-03), U.S. Environmental Protection Agency, Research Triangle Park, NC
27711, telephone number: (919) 541-3407; fax number: (919) 541-5509, or e-mail address:
montanez.jessica@epa.gov
.
Rule Update
Board Accepts IEPA Proposal for Hearing in Procedures for Reporting Releases of
Radionuclides at Nuclear Power Plants: New 35 Ill. Adm. Code 1010 (R07-20)
On June 21, 2007, the Board accepted for hearing a proposal to add a new Part 1010 to the
Board’s regulations in Procedures for Reporting Releases of Radionuclides at Nuclear Power
Plants: New 35 Ill. Adm. Code 1010 (R07-20). The proposal, filed by the Illinois Environmental
Protection Agency (IEPA) on May 25, 2007, was submitted pursuant to P. A. 94-849, which
added Section 13.6 to the Act (415 ILCS 5/13.6 (2006)). Section 13.6 of the Act requires that
IEPA propose rules to the Board “prescribing standards for detecting and reporting unpermitted
releases of radionuclides.” 415 ILCS 5/13.6 (2006). The Board has one year from receipt of the
proposal to adopt final rules.
The IEPA stated that the proposal was developed in consultation with Interagency Coordinating
Committee on Groundwater and the Groundwater Advisory Committee. The IEPA also consulted
with the Illinois Emergency Management Agency (IEMA) and Exelon Corporation (Exelon).
Environmental Register – June 2007
3
The statement of reasons explained that the proposal seeks to refine when an unpermitted release
of radionuclides must be reported to the IEPA and IEMA. The IEPA indicated that the proposal
addresses most of the concerns raised by those consulted except for a concern raised by Exelon.
The IEPA did not include language suggested by Exelon, because the IEPA believed the language
exceeded the scope of Section 13.6 of the Act (415 ILCS 5.13.6 (2006)).
The Board is in the process of scheduling hearings in this rulemaking.
Copies of the Board’s opinion and order in R07-20 may be obtained by calling the Clerk’s office
at 312-814-3620, or by downloading copies from the Board’s Web site at www.ipcb.state.il.us.
For additional information contact Marie Tipsord at 312-814-4925 e-mail address
tipsordm@ipcb.state.il.us.
Board Accepts Proposal for Hearing in Site Specific Rule for City of Joliet Wastewater
Treatment Plant, Fluoride and Copper Discharges, 35 Ill. Adm. Code 303.432 (R07-21)
On June 21, 2007, the Board accepted for hearing a site-specific rulemaking proposal in Site
Specific Rule for City of Joliet Wastewater Treatment Plant, Fluoride and Copper Discharges, 35
Ill. Adm. Code 303.432 (R07-21). This rulemaking, filed by the City of Joliet (Joliet) on May 30,
2007, seeks site-specific relief from the Board’s general use water quality standards for copper
and fluoride (35 Ill. Adm. Code 302.208(e) and (g)) and provisions for determining water quality
based effluent limitations (35 Ill. Adm. Code 304.105). In its proposal, Joliet requested,
“permanent relief from the water quality based effluent limitations” that apply for copper and
fluoride.
The rulemaking proposes site-specific copper and fluoride discharge limits that would apply to
Joliet’s Eastside wastewater treatment plant (Eastside WWTP), located at 1021 McKinley Avenue
in Joliet, which serves approximately 90,000 customers. Under Joliet’s proposal, the general use
water quality standards for copper and fluoride (35 Ill. Adm. Code 302.208 (e) and (g)) and the
provisions for determining water quality based effluent limitations (35 Ill. Adm. Code 304.105)
would not apply to “that portion of the Hickory Creek downstream from the Joliet Street bridge in
Joliet, to the juncture with the Des Plaines River that receives the discharge from the Joliet” East
Side WWTP. Instead, Joliet proposed that the Eastside WWTP discharge comply with a copper
limit of 0.15 milligrams per liter (mg/L) and a fluoride limit of 3.5 mg/L as monthly average
values.
Joliet explained that on March 30, 2007, it entered into a Consent Order with the Illinois Attorney
General and the Illinois Environmental Protection Agency (IEPA) in the Circuit Court for the
Twelfth Judicial Circuit in Will County, Illinois, No. 05-CH-593 (specific case caption not
provided). The Consent Order “imposed an interim daily maximum limit for copper of 0.1156
mg/l and a daily maximum fluoride discharge limit of 3.5 mg/l.” Joliet stated that under the
Consent Order, “it was envisioned that Joliet would pursue relief from the fluoride and copper
limits set forth in its NPDES Permit.” According to Joliet, the Consent Order specifies that the
interim copper limit would expire when the copper limit is amended in Joliet’s NPDES permit or
on the date “upon which a final decision regarding same could not be appealed.”
The Board accepted Joliet’s site-specific rulemaking proposal for hearing, and granted Joliet’s
motion to waive the 200-signature requirement. The Board did note that the proposal did not
address the applicability of or provide the information requested in the “published study or report”
requirement of Section 102.210(c) (35 Ill. Adm. Code 102.210(c)). The Board requested that
Joliet address Section 102.210(c), or its inapplicability, in writing prior to or at hearing.
The Board is in the process of scheduling hearings in this rulemaking.
Copies of the Board’s opinion and order in R07-21 may be obtained by calling the Clerk’s office
at 312-814-3620, or by downloading copies from the Board’s Web site at www.ipcb.state.il.us.
Environmental Register – June 2007
4
For additional information contact Richard McGill at 312-814-6983; e-mail address
mcgillr@ipcb.state.il.us.
Board Actions
June 7, 2007
Via Videoconference
Springfield and Chicago, Illinois
Administrative Citations
AC 05-44
IEPA v. Donald Eichen
– In response to a joint stipulation and settlement
agreement in this administrative citation action involving a Macoupin County
facility, the Board found that respondent had violated Section 21(p)(1) of the
Environmental Protection Act (415 ILCS 5/21(p)(1) (2006)) 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.
4-0
AC 05-70
IEPA v. James Stutsman
- 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 $372.75 and a civil penalty of
$3,000. Due to the delay of seven weeks between service of the Illinois
Environmental Protection Agency’s statement of hearing costs and its arrival in
the Board’s office, the Board on its own motion reconsidered its previous final
opinion and order of November 16, 2006, and vacated that order on December 7,
2006. This order follows the Board's interim order of September 21, 2006,
which found that this respondent had violated Sections 21(p)(1) and (7) of the
Environmental Protection Act. (415 ILCS 5/21(p)(1), (7) (2006)).
4-0
AC 07-12
IEPA v. Francis E. Morris
– In response to a joint stipulation and settlement
agreement in this administrative citation action involving a Gallatin County
facility, the Board found that respondent had violated Section 21(p)(1) of the
Environmental Protection Act (415 ILCS 5/21(p)(1) (2006)) 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), and (7) (2006).
4-0
AC 07-45
County of LaSalle v. Wayne and Becky Foster
– The Board granted
complainant’s motion to dismiss the administrative citation.
4-0
AC 07-54
IEPA v.Adolph M. Lo
– The Board accepted as timely respondents’ petition for
review of this administrative citation involving a Champaign County facility.
4-0
AC 07-55
IEPA v. Gire Properties, Inc. and Gire Construction, Inc.
– The Board granted
complainant’s motion to dismiss this administrative citation.
4-0
Environmental Register – June 2007
5
Decisions
PCB 05-44
People of the State of Illinois v. Roger Kuberski, d/b/a Mount
Vernon Quality Times, Inc. – In this water enforcement action
concerning a Jefferson 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) (2006)),
accepted a stipulation and settlement agreement, and ordered the
respondent to pay a total civil penalty of $1,200, and to cease and
desist from further violations.
4-0
W-E
PCB 06-51
People of the State of Illinois v. CSX Transportation, Inc.
– In this
air, land, and water enforcement action concerning an Edwards
County site, the Board granted relief from the hearing requirement
of Section 31(c)(1) of the Environmental Protection Act (415 ILCS
5/31(c)(1) (2006)), accepted a stipulation and settlement agreement,
and ordered the respondent to pay a total civil penalty of $80,000,
and to cease and desist from further violations.
4-0
A-L-W-E
PCB 06-151
People of the State of Illinois v. Big River Zinc and Allied Waste
Transportation, Inc. d/b/a Midwest Waste – In this land
enforcement action concerning a St. Clair 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) (2006)),
accepted a stipulation and settlement agreement, and ordered the
respondent to pay a total civil penalty of $4,500, and to cease and
desist from further violations. Respondent must perform a
supplemental environmental project (SEP) by reserving landfill
capacity for waste. The value of the SEP is $16,800 and the SEP
must be performed as specified in the stipulation and proposal for
settlement.
4-0
L-E
PCB 06-193
People of the State of Illinois v. Ron Fisher Motorsports, Inc. d/b/a
F & L Salvage – In this land enforcement action concerning a
Washington County site, the Board granted relief from the hearing
requirement of Section 31(c)(1) of the Environmental Protection
Act (415 ILCS 5/31(c)(1) (2006)), accepted a stipulation and
settlement agreement, and ordered the respondent to pay a total civil
penalty of $7,000, and to cease and desist from further violations.
4-0
L-E
PCB 07-49
People of the State of Illinois v. City of Woodstock
– In this water
enforcement action concerning a McHenry County site, the Board
granted relief from the hearing requirement of Section 31(c)(1) of
the Environmental Protection Act (415 ILCS 5/31(c)(1) (2006)),
accepted a stipulation and settlement agreement, and ordered the
respondent to pay a total civil penalty of $2,300, and to cease and
desist from further violations.
4-0
W-E
Environmental Register – June 2007
6
Motions and Other Matters
PCB 04-213
The Village of Lombard, Illinois, an Illinois municipality corporation v. Bill's
Auto Center, Bill's Standard Service, and William Kovar – The Board granted
complainant’s motion to dismiss this citizen’s enforcement and cost recovery
action involving a DuPage County facility.
4-0
L-E
Citizen
PCB 05-93
York High Neighborhood Committee (a voluntary organization) Janet and Fred
Hodge, Patricia and David Bennett, Sheila and Mike Trant, Joe Vosicky, Jean
and Peter Conroy, Frank Soldano, Joseph Reamer, Elizabeth and Charles
Laliberte v. Elmhurst Public Schools, District 205 – The Board granted the
parties’ agreed motion for extension of time until June 18, 2007 to file an
amended stipulation and settlement agreement.
4-0
N-E
PCB 05-215
PCB 06-103
People of the State of Illinois v. First Rockford Group, 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
Winnebago County facility, the Board ordered publication of the required
newspaper notice.
4-0
PWSE
PCB 06-177
People of the State of Illinois v. Sheridan Sand & Gravel Co.
– The Board
granted complainant’s motion to strike the three alleged affirmative defenses set
forth by respondent.
4-0
L-E
PCB 07-17
Dale L. Stanhibel v. Tom Halat d/b/a Tom’s Vegetable Market
– The Board
construed respondent’s April 23, 2007 motion for summary judgment as an
unopposed motion to dismiss and dismissed the complaint with prejudice.
4-0
A&N-E
PCB 07-79
North American Lighting, Inc. v. IEPA
– The Board granted this Edgar County
facility’s motion for voluntary dismissal of this permit appeal.
4-0
P-A
Air
PCB 07-80
Russ Taylor v. IEPA
– The Board accepted for hearing this underground storage
tank appeal involving a Champaign County facility.
4-0
UST-Appeal
PCB 07-96
Kyle Nash v. Karen Sokolowski
– The Board directed complainant to file proof
of service of the complaint on the respondent by July 9, 2007.
4-0
N-E
Citizens
PCB 07-97
Kyle Nash v. Louis Jiminez
– The Board directed complainant to file proof of
service of the complaint on the respondent by July 9, 2007.
4-0
N-E
Citizens
Environmental Register – June 2007
7
PCB 07-112
Lone Star Industries, Inc. v. IEPA
– The Board accepted for hearing and granted
petitioner’s motion for partial stay of specified conditions in the construction
permit in this permit appeal involving a LaSalle County facility.
4-0
P-A
PCB 07-113
Rochelle Waste Disposal, L.L.C. v. The City of Rochelle and The Rochelle City
Council – The Board accepted for hearing and on its own motion consolidated
this third-party pollution control facility siting appeal with PCB 07-116
involving a site in Ogle County.
4-0
P-C-F-S-R
3rd Party
PCB 07-115
Dynegy Midwest Generation, Inc. (Havana Power Station) v. IEPA
– The Board
granted this request for a 90-day extension of time to file a permit appeal on
behalf of this Mason County facility.
4-0
P-A
PCB 07-116
Concerned Citizens of Ogle County v. The City of Rochelle, The City Council of
the City of Rochelle, and Rochelle Waste Disposal, L.L.C. – The Board accepted
for hearing and own its on motion consolidated this third-party pollution control
facility siting appeal with PCB 07-113 involving a site in Ogle County.
4-0
P-C-F-S-R
3rd Party
PCB 07-117
Dennis Sturtevant – Shannon v. IEPA
– Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board found and
certified that specified facilities of Dennis Sturtevant, located in Carroll County,
are pollution control facilities for the purpose of preferential tax treatment under
the Property Tax Code (35 ILCS 200/11-10 (2006)).
4-0
T-C, Water
PCB 07-118
Blackland Pork, LLC – Blue Mound v. IEPA
– Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board found and
certified that specified facilities of Blackland Pork, LLC, located in Macon
County, are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10 (2006)).
4-0
T-C, Water
PCB 07-119
Mahr’s Service & Sales 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
Fulton County facility.
4-0
UST Appeal,
90-Day
Extension
PCB 07-120
Ruth Oil Company v. IEPA
- The Board granted this request for a 90-day
extension of time to file an underground storage tank appeal on behalf of this
Stark County facility.
4-0
UST Appeal,
90-Day
Extension
PCB 07-121
Willingham Farms 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
Pulaski County facility.
4-0
UST Appeal
90-Day
Extension
Environmental Register – June 2007
8
PCB 07-122
Stitzel Hog Farm – Shannon v. IEPA
– Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board found and
certified that specified facilities of Stitzel Hog Farm, located in Carroll County,
are pollution control facilities for the purpose of preferential tax treatment under
the Property Tax Code (35 ILCS 200/11-10 (2006)).
4-0
T-C, Water
June 21, 2007
Chicago, Illinois
Rulemakings
R07-20
In the Matter of: Procedures for Reporting Releases of Radionuclides at Nuclear
Power Plants – The Board accepted for hearing the Illinois Environmental
Protection Agency’s May 25, 2007 proposal.
4-0
R,Water
R07-21
In the Matter of: Site Specific Rule for City of Joliet Wastewater Treatment
Plant Fluoride and Copper Discharges, 35 Ill. Adm. Code 303.432
–
The Board
accepted for hearing petitioner’s May 30, 2007 proposal to amend the Board’s
water pollution control regulations. The Board granted petitioner’s motion to
waive requirement to submit 200 signatures. The Board also requested that
petitioner address the deficiencies noted in the order.
4-0
R, Water
Adjusted Standards
AS 07-06
In the Matter of: Petition of Cabot Corporation for an Adjusted
Standard from 35 Ill. Adm. Code Part 738. Subpart B – The Board
granted the motions for incorporation and from the requirement to
file an original and nine copies of the USEPA application and plan.
The motion for relief from the requirement at 35 Ill. Adm. Code
104.402 to serve the Illinois Environmental Protection Agency with
a copy of this petition was denied. No action was taken on the
motion for a stay of this proceeding or on petition sufficiency.
4-0
Land
Administrative Citations
AC 06-50
IEPA v. Marla Lewis Gates, Mark Gates, and Mark Kingsley Lewis
– The Board
accepted for hearing Mark Gates’ amended petition for review.
4-0
AC 07-50
IEPA v. Doug Hensley and Eric & Charmin Joseph
– The Board granted the
Illinois Environmental Protection Agency motion to dismiss Doug Hensley and
Eric Joseph and found that Charmin Savage f/k/a Charmin Joseph violated
Sections (p)(1) and (p)(3) of the Act (415 ILCS 5/21(p)(1), (p)(3) (2004)), and
ordered respondent to pay a civil penalty of $3,000.
4-0
Environmental Register – June 2007
9
AC 07-56
County of Ogle v. BFI Waste Systems of North America, Inc.
– The Board
found that this Ogle County respondent violated Section (o)(11) of the Act (415
ILCS 5/21(o)(11) (2004)), and ordered respondent to pay a civil penalty of $500.
4-0
AC 07-58
County of Macon, Illinois v. Veolia ES Valley View Landfill
–The Board found
that this Macon County respondent violated Section (o)(5) and (o)(11) of the Act
(415 ILCS 5/21(o)(5), (o)(11) (2004)), and ordered respondent to pay a civil
penalty of $1,000.
4-0
AC 07-59
County of Jackson v. Ryan Dantone, d/b/a The Gallery
– The Board granted
complainant’s motion to dismiss the administrative citation.
4-0
AC 07-63
IEPA v. Clinton D. and Ruth H. Jordan
– The Board accepted for hearing
respondents’ petition for review of this administrative citation involving a
Marion County facility.
4-0
Decisions
PCB 06-184
Peoria Disposal Company v. Peoria County Board
– The Board
affirmed the decision of the Peoria County Board denying
petitioner’s application to expand an existing hazardous waste
pollution control facility.
4-0
P-C-F-S-R
Motions and Other Matters
PCB 02-214
Metropolitan Sanitary District of Greater Chicago (Lemont Plant) v. IEPA
–
The Board granted this Cook County facility’s motion for voluntary dismissal of
this permit appeal.
4-0
P-A,Water
PCB 03-191
People of The State of Illinois v. Community Landfill Company, Inc. and City of
Morris – The Board affirmed the May 17, 2007 order granting the complainant’s
motion to set a hearing date and directed the hearing officer to proceed
expeditiously to hearing with both respondents.
4-0
L-E
PCB 06-9
The Estate of Gerald Hess v. IEPA
– The Board granted this Cook County
facility’s motion for voluntary dismissal of this underground storage tank appeal.
4-0
P-A, UST
Appeal
PCB 06-52
Knapp Oil Company, Don’s 66 v. IEPA
– The Board granted the respondent's
motion for summary judgment, denied petitioner’s cross-motion for summary
judgment and found the respondent properly rejected petitioner’s August 2, 2005
high priority corrective action plan and budget.
4-0
UST Appeal
Environmental Register – June 2007
10
PCB 06-171
American Bottom Conservancy v. Illinois Environmental Protection Agency and
United States Steel Corporation - Granite City Works – The Board denied
respondent United States Steel Corporation - Granite City Works’ May 30, 2007
motion to stay Board orders of January 26, 2007 and May 3, 2007, pending
appellate review of the orders.
4-0
T-S
PCB 07-87
Estate of Fred Johnson 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 facility located in Christian County.
4-0
UST Appeal
PCB 07-109
Lawrence Reed v. Mark Howard
– The Board directed complainant to file proof
of service of the complaint on the respondent by July 23, 2007.
4-0
N-E
PCB 07-111
Collins & Aikman v. IEPA
– Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board granted certification to the
oil/water separator facilities of Collin and Aikman's, located in Champaign
County are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10 (2006)). The Board
declined to certify the re-grind equipment facilities.
4-0
T-C, Water
PCB 07-123
Dynegy Midwest Generation, Inc. (Hennepin Power Station) v. IEPA
– The
Board granted this request for a 90-day extension of time to file a permit appeal
on behalf of this Putnam County facility.
4-0
P-A, Air,
90 Day
Extension
PCB 07-124
People of the State of Illinois by Lisa Madigan, Attorney General of the State of
Illinois v. Kraft Foods Global, Inc. – The Board accepted for hearing this air
enforcement action involving a site located in DuPage County.
4-0
A-E
PCB 07-125
Cairo/Lowe Oil v. IEPA
– The Board granted this request for a 90-day extension
of time to file an underground storage tank appeal on behalf of this Alexander
County facility.
4-0
UST Appeal,
90 Day
Extension
PCB 07-126
Gateway FS, Inc. v. IEPA
– The Board granted this request for a 90-day
extension of time to file an underground storage tank appeal on behalf of this
Randolph County facility.
4-0
UST Appeal,
90-Day
Extension
PCB 07-127
Pioneer Oil Company v. IEPA
– The Board granted this request for a 90-day
extension of time to file an underground storage tank appeal on behalf of this
Montgomery County facility.
4-0
UST Appeal,
90-Day
Extension
Environmental Register – June 2007
11
PCB 07-128
Jahrraus Oil Company, Inc. v. IEPA
– The Board granted this request for a 90-
day extension of time to file an underground storage tank appeal on behalf of
this Marion County facility.
4-0
UST Appeal,
90-Day
Extension
PCB 07-129
Yesley Service Company, Inc. v. IEPA
– The Board granted this request for a
90-day extension of time to file an underground storage tank appeal on behalf of
this Randolph County facility.
4-0
UST Appeal,
90-Day
Extension
PCB 07-130
Gallaher's Shell v. IEPA
– The Board granted this request for a 90-day extension
of time to file an underground storage tank appeal on behalf of this Hancock
County facility.
4-0
UST Appeal,
90-Day
Extension
PCB 07-131
People of the State of Illinois v. Vithalbhai Patel
– The Board accepted for
hearing this air enforcement action involving a site located in Madison County.
4-0
A-E
PCB 07-132
People of the State of Illinois v. C. Grantham Company
– The Board accepted
for hearing this land enforcement action involving a site located in St. Clair
County.
4-0
L-E
PCB 07-133
People of the State of Illinois, Lisa Madigan, Attorney General of the State of
Illinois v. Thomas P. Mathews – The Board accepted for hearing this water
enforcement action involving a site located in McHenry County.
4-0
W-E
PCB 07-134
People of the State of Illinois by Lisa Madigan, Attorney General of the State of
Illinois v. Village of Rockton – The Board accepted for hearing this water
enforcement action involving a site located in Winnebago County.
4-0
W-E
PCB 07-136
M. L. Rongo v. IEPA
– The Board dismissed the petition for review as not
timely and not meeting any of the Board’s or statutory requirements for a
petition for review.
4-0
UST Appeal
PCB 07-137
Russell Oil Company, Inc. v. IEPA
– The Board granted this request for a 90-
day extension of time to file an underground storage tank appeal on behalf of
this Williamson County facility.
4-0
UST Appeal,
90-Day
Extension
PCB 07-138
Watertower Marina, Inc. v. IEPA
– The Board granted this request for a 90-day
extension of time to file an underground storage tank appeal on behalf of this
McHenry County facility.
4-0
UST Appeal,
90-Day
Extension
Environmental Register – June 2007
12
PCB 07-139
People of the State of Illinois v. Jalil “Jerry” Rizqallah, d/b/a Timberline Mobile
Home Park – The Board accepted for hearing this public water supply
enforcement action involving a site located in Woodford County.
4-0
PWS-E
PCB 07-140
Anne or Fred Hood 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
Macoupin County facility.
4-0
UST Appeal,
90-Day
Extension
PCB 07-141
F. A. Stein Oil Company v. IEPA
– The Board granted this request for a 90-day
extension of time to file an underground storage tank appeal on behalf of this St.
Clair County facility.
4-0
UST Appeal,
90-Day
Extension
PCB 07-142
Big Tony’s Lounge v. IEPA
– The Board granted this request for a 90-day
extension of time to file an underground storage tank appeal on behalf of this
Alexander County facility.
4-0
UST Appeal,
90-Day
Extension
PCB 07-143
Joe’s Midtown Auto Repair 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 Bureau County facility.
4-0
UST Appeal,
90-Day
Extension
PCB 07-144
People of the State of Illinois v. Mick Morfey and William Knauer
– The Board
accepted for hearing this air enforcement action involving a site located in
Carroll County.
4-0
A-E
New Cases
June 7, 2007 Board Meeting
07-112
Lone Star Industries, Inc. v. IEPA – The Board accepted for hearing and granted
petitioner’s motion for partial stay of specified conditions in the construction permit in this permit
appeal involving a LaSalle County facility.
07-113
Rochelle Waste Disposal, L.L.C. v. The City of Rochelle and The Rochelle City Council
–
The Board accepted for hearing and on its own motion consolidated this third-party pollution
control facility siting appeal with PCB 07-116 involving a site in Ogle County.
07-114
Robert Habeeb v. The Coach House Restaurant
– The Board held for a later
duplicative/frivolous determination this citizens’ noise enforcement action involving a Cook
County facility.
Environmental Register – June 2007
13
07-115
Dynegy Midwest Generation, Inc. (Havana Power Station) v. IEPA
– The Board granted
this request for a 90-day extension of time to file a permit appeal on behalf of this Mason County
facility.
07-116
Concerned Citizens of Ogle County v. The City of Rochelle, The City Council of the City
of Rochelle, and Rochelle Waste Disposal, L.L.C. – The Board accepted for hearing and own its
on motion consolidated this third-party pollution control facility siting appeal with PCB 07-113
involving a site in Ogle County.
07-117
Dennis Sturtevant – Shannon v. IEPA
– Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and certified that specified facilities of
Dennis Sturtevant, located in Carroll County, are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2006)).
07-118
Blackland Pork, LLC – Blue Mound v. IEPA
– Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and certified that specified facilities of
Blackland Pork, LLC, located in Macon County, are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2006)).
07-119
Mahr’s Service & Sales 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 Fulton County facility.
07-120
Ruth Oil Company v. IEPA
– The Board granted this request for a 90-day extension of
time to file an underground storage tank appeal on behalf of this Stark County facility.
07-121
Willingham Farms 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 Pulaski County facility.
07-122
Stitzel Hog Farm – Shannon v. IEPA
– Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and certified that specified facilities of
Stitzel Hog Farm, located in Carroll County, are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2006)).
AC 07-060
IEPA v. Joseph Combs
– The Board accepted an administrative citation against this
Greene County respondent.
AC 07-061
IEPA v. Ben and Destiny Wyant
– The Board accepted an administrative citation
against these Williamson County respondents.
AC 07-062
IEPA v. John A. & Kay E. Oldham
– The Board accepted an administrative citation
against these Clay County respondents.
AC 07-063
IEPA v. Clinton D. & Ruth H. Jordan
– The Board accepted an administrative citation
against these Williamson County respondents.
AS 07-006
In the Matter of: Petition of Cabot Corporation for an Adjusted Standard from 35 Ill.
Adm. Code Part 738. Subpart B – No action taken.
R07-020
In the Matter of: Procedures for Reporting Releases of Radionuclides at Nuclear Power
Plants – No action taken.
R07-021
In the Matter of: Site Specific Rule for City of Joliet Wastewater Treatment Plant
Fluoride and Copper Discharges, 35 Ill. Adm. Code 303.432 – No action taken.
June 21, 2007 Board Meeting
07-123
Dynegy Midwest Generation, Inc. (Hennepin Power Station) v. IEPA – The Board granted
this request for a 90-day extension of time to file a permit appeal on behalf of this Putnam County
facility.
07-124
People of the State of Illinois by Lisa Madigan, Attorney General of the State of Illinois v.
Kraft Foods Global, Inc. – The Board accepted for hearing this air enforcement action involving a
site located in DuPage County.
Environmental Register – June 2007
14
07-125
Cairo/Lowe Oil v. IEPA
– The Board granted this request for a 90-day extension of time
to file an underground storage tank appeal on behalf of this Alexander County facility.
07-126
Gateway FS, Inc. v. IEPA
– The Board granted this request for a 90-day extension of time
to file an underground storage tank appeal on behalf of this Randolph County facility.
07-127
Pioneer Oil Company v. IEPA
– The Board granted this request for a 90-day extension of
time to file an underground storage tank appeal on behalf of this Montgomery County facility.
07-128
Jahrraus Oil Company, Inc. v. IEPA
– The Board granted this request for a 90-day
extension of time to file an underground storage tank appeal on behalf of this Marion County
facility.
07-129
Yesley Service Company, Inc. v. IEPA
– The Board granted this request for a 90-day
extension of time to file an underground storage tank appeal on behalf of this Randolph County
facility.
07-130
Gallaher's Shell v. IEPA
– The Board granted this request for a 90-day extension of time
to file an underground storage tank appeal on behalf of this Hancock County facility.
07-131
People of the State of Illinois v. Vithalbhai Patel
– The Board accepted for hearing this air
enforcement action involving a site located in Madison County.
07-132
People of the State of Illinois v. C. Grantham Company
– The Board accepted for hearing
this land enforcement action involving a site located in St. Clair County.
07-133
People of the State of Illinois, Lisa Madigan, Attorney General of the State of Illinois v.
Thomas P. Mathews – The Board accepted for hearing this water enforcement action involving a
site located in McHenry County.
07-134
People of the State of Illinois by Lisa Madigan, Attorney General of the State of Illinois v.
Village of Rockton – The Board accepted for hearing this water enforcement action involving a
site located in Winnebago County.
07-135
George R. Strunk v. Williamson Energy LLC, Pond Creek Mine #1
– Formal Complaint
(6/11) – The Board held for a later duplicative/frivolous determination this citizens’ air, noise and
water enforcement action involving a Williamson County facility.
07-136
M. L. Rongo v. IEPA
– The Board dismissed the petition for review as not timely and not
meeting any of the Board’s or statutory requirements for a petition for review.
07-137
Russell Oil Company, Inc. v. IEPA
– The Board granted this request for a 90-day
extension of time to file an underground storage tank appeal on behalf of this Williamson County
facility.
07-138
Watertower Marina, Inc. v. IEPA
– The Board granted this request for a 90-day extension
of time to file an underground storage tank appeal on behalf of this McHenry County facility.
07-139
People of the State of Illinois v. Jalil “Jerry” Rizqallah, d/b/a Timberline Mobile Home
Park – The Board accepted for hearing this public water supply enforcement action involving a
site located in Woodford County.
07-140
Anne or Fred Hood 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 Macoupin County facility.
07-141
F. A. Stein Oil Company v. IEPA
- The Board granted this request for a 90-day extension
of time to file an underground storage tank appeal on behalf of this St. Clair County facility.
07-142
Big Tony’s Lounge v. IEPA
– The Board granted this request for a 90-day extension of
time to file an underground storage tank appeal on behalf of this Alexander County facility.
Environmental Register – June 2007
15
07-143
Joe’s Midtown Auto Repair 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 Bureau County
facility.
07-144
People of the State of Illinois v. Mick Morfey and William Knauer
– The Board accepted
for hearing this air enforcement action involving a site located in Carroll County.
AC 07-064
IEPA v. Mercelo Mendoza
– The Board accepted an administrative citation against
this Champaign County respondent.
AC 07-065
IEPA v. Todd McKinney
– The Board accepted an administrative citation against this
St. Clair County respondent.
AC 07-065
Ogle County v. John and Angela Baker – The Board accepted an administrative
citation against these Ogle County respondents.
AC 07-067
Ogle County v. Harry Poggioli, Jr.
– The Board accepted an administrative citation
against this Ogle County respondent.
AC 07-068
IEPA v. Todd McKinney
– The Board accepted an administrative citation against this
St. Clair County respondent.
AS 07-007
In the Matter of: Petition of Illinois Department of Transportation, District 8, for an
Adjusted Standard from 35 Ill. Adm. Code 302.208(g) (NPDES Permit No. ILD0070955) – No
action taken.
Calendar
7/12/07
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
7/16/07
9:00 AM
PCB 07-
113
Rochelle Waste Disposal, L.L.C. v.
The City of Rochelle, an Illinois
Municipal Corporation and The
Rochelle City Council
(Consolidated: PCB 07-113 and
116)
City Council Chambers
Rochelle Municipal Building
420 North Sixth Street
Rochelle
7/16/07
9:00 AM
PCB 07-
116
Concerned Citizens of Ogle County
v. The City of Rochelle, The City
Council of the City of Rochelle,
Illinois and Rochelle Waste
Disposal, L.L.C. (Consolidated:
PCB 07-113 and 116)
City Council Chambers
Rochelle Municipal Building
420 North Sixth Street
Rochelle
Environmental Register – June 2007
16
7/17/07
9:00 AM
PCB 07-
113
Rochelle Waste Disposal, L.L.C. v.
The City of Rochelle, an Illinois
Municipal Corporation and The
Rochelle City Council
(Consolidated: PCB 07-113 and
116)
City Council Chambers
Rochelle Municipal Building
420 North Sixth Street
Rochelle
7/17/07
9:00 AM
PCB 07-
116
Concerned Citizens of Ogle County
v. The City of Rochelle, The City
Council of the City of Rochelle,
Illinois and Rochelle Waste
Disposal, L.L.C. (Consolidated:
PCB 07-113 and 116)
City Council Chambers
Rochelle Municipal Building
420 North Sixth Street
Rochelle
7/19/07
9:00 AM
AS 04-04
In the Matter of: Petition of Johns
Manville For an Adjusted Standard
from 35 Ill. Adm. Code Part 814:
811.310, 811.311, 811.318
Assembly Room – 10
th
Floor
Lake County Administration
Building
18 North County Street
Waukegan
7/19/07
10:30 AM
AC 07-43
County of Jackson v. Bob Osinga
(Site Code 0778105047)
Jackson County Health
Department
Rear building conference room
415 Health Department Road
Murphysboro
7/19/07
11:00 AM
AC 07-34
County of Jackson v. Alvin Valdez
and Ruben J. Valdez (Site Code
0778035022)
Jackson County Health
Department
Rear building conference room
415 Health Department Road
Murphysboro
7/26/07
11:00
AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 9-040
100 W. Randolph Street
Chicago
8/9/07
11:00
AM
Illinois Pollution Control Board Meeting
Illinois Pollution Control
Board Board Room
IEPA Office Building (North
Entrance)
1021 North Grand Avenue
East
Springfield
8/9/07
1:00 PM
R07-17
In the Matter of: Amendments to
the Board’s Procedural Rules and
Underground Storage Tank Rules to
Reflect P.A. 94-0274, P.A. 94-0276
and P.A. 94-0824 (35 Ill. Adm.
Code 101.202, 732.103, 732.702,
634.115, and 734.710
Illinois Pollution Control Board
Conference Room
IEPA Office Building (North
Entrance)
1021 North Grand Avenue East
Springfield
8/23/07
11:00
AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 9-040
100 W. Randolph Street
Chicago
Environmental Register – June 2007
17
8/23/07
9:00 AM
PCB 07-84
American Bottom Conservancy and
Sierra Club v. City of Madison,
Illinois and Waste Management of
Illinois, Inc.
County Board Room 203
Madison County
Administration Building
157 N. Main Street
Edwardsville
8/24/07
9:00 AM
PCB 07-84
American Bottom Conservancy and
Sierra Club v. City of Madison,
Illinois and Waste Management of
Illinois, Inc.
County Board Room 203
Madison County
Administration Building
157 N. Main Street
Edwardsville
9/6/07
11:00
AM
Illinois Pollution Control Board Meeting
Videoconference
Chicago/Springfield
James R. Thompson Center
Hearing Room 11-512
100 W. Randolph Street
Chicago
And
1021 N. Grand Avenue East
Oliver Holmes Conference
Room 2012 N
Springfield
9/18/07
9:00 AM
R07-19
In the Matter of: Section 27
Proposed Rules for Nitrogen Oxide
(NOx) Emissions From Stationary
Reciprocating Internal Combustion
Engines and Turbines: Amendment
to 35 Ill. Adm. Code Parts 211 and
217
(Continues as necessary or until
September 28, 2007)
Training Room 1214 West
IEPA Office Building
1021 N. Grand Ave. (North
Entrance)
Springfield
9/20/07
11:00
AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
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
