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
During November, the Board took action in several rulemaking dockets. Below,
I’ve summarized three dockets that have generated significant interest. Information
about these proceedings and the Board’s other cases is available on our Web site at
www.ipcb.state.il.us
.
On November 15, 2007, the Board proposed for second notice Proposed
Amendments To Dissolved Oxygen Standard 35 Ill. Adm. Code 302.206 (R04-25).
The proposal amends Illinois’ dissolved oxygen (DO) general use water quality
standards. The Board proposes “two-season” numeric DO standards. The proposal
divides the year into an “early life stages” season (March through July) and an
“other life stages” season (August through February). The “early life stages” of fish
(egg, embryo, larval, and recently-hatched juvenile) are more sensitive to low DO
concentrations than later juvenile and adult stages, and therefore warrant greater
protection. Additionally, the proposal designates approximately 8% of Illinois’
71,394 general use stream miles to receive “enhanced” numeric DO standards to
protect DO-sensitive species present in meaningful amounts. The proposal also includes a narrative DO standard to
protect quiescent and isolated sectors of general use waters where naturally-occurring DO concentrations cannot
reasonably be expected to attain the numeric DO standards.
Also on November 15, 2007, the Board adopted for final-notice, Proposed Amendments to Solid Waste Landfill
Rules, 35 Ill. Adm. Code 810 and 811 (R07-8). The Board action amends Parts 810 and 811 of regulations
governing solid waste disposal and standards for new solid waste landfills. The Illinois Chapter of the National
Solid Wastes Management Association originally filed the proposal to reflect expanded technical and scientific
knowledge, as well as practical implementation experience, achieved since the Board first adopted these standards
in 1990.
On November 1, 2007, the Board accepted Water Quality Standards and Effluent Limitations for the Chicago Area
Waterway System and Lower Des Plaines River Proposed Amendments to 35 Ill. Adm. Code 301, 302, 303, and
304 (R08-9) for hearing. The proposal amends rules for waters designated as Secondary Contact and Indigenous
Aquatic Life Uses to update the designated uses, and criteria necessary to protect existing uses. The proposal was
filed by IEPA on October 26, 2007. All waters that carry the designations are water bodies that were a part of the
engineering effort that reversed the flow of the Chicago River and are known as the “Chicago Area Water Way
System” (CAWS) and Lower Des Plaines River. In 2000 and 2002, the IEPA began pilot programs for the Lower
Des Plaines River and CAWS to develop use attainability analysis for these waters. The proposed rule changes
incorporate the findings of the pilot programs. Hearings will be held in early 2008 in Joliet and Chicago. Check the
Board’s website (www.ipcb.state.il.us
) for times and locations.
On behalf of my Board colleagues and our staff, I wish you a Happy Holiday Season.
Sincerely,
Dr. G. Tanner Girard
Environmental Register – November 2007
1
Inside This Issue:
FEDERAL UPDATE
P. 1
R
ULE UPDATE
P. 2
B
OARD ACTIONS
P. 5
N
EW CASES
P. 8
B
OARD CALENDAR
P. 9
Back to top
Federal Update
United States Environmental Protection Agency Adopts Direct Final Rule, and Proposes
Identical Proposed Rule, to Allow for Automatic Withdrawals of Federal Implementation
Plans for the Clean Air Interstate Rule Under the Clean Air Act
On November 2, 2007 (72 Fed. Reg. 62337) the United States Environmental Protection Agency
(USEPA) adopted a direct final rule that would allow for USEPA’s automatic withdrawal of
Federal Implementation Plans (FIPs) for the Clean Air Interstate Rule (CAIR), upon the effective
date of USEPA's approval of a full State Implementation Plan (SIP) revision meeting the CAIR
requirements.
USEPA stated that it believes it is appropriate for the FIP withdrawal to be automatic because to
the extent that USEPA approves the State's full CAIR SIP, this corrects the deficiency that
provided the basis for USEPA's promulgation of the FIPs in that state in the first place.
The direct final rule is effective unless USEPA receives adverse comments on the rule by
December 17, 2007. If adverse comments are received, USEPA will withdraw the direct final rule
and proceed with the proposed rule that was published in the same issue of the Federal Register at
72 Fed. Reg. 62175.
The Board adopted Illinois’ CAIR rules in Fast-Track Rules Under Nitrogen Oxide (NOx) SIP
Call Phase II: Amendments to 35 Ill. Adm. Code Section 201.146, Parts 211 and 217, R07-18
(September 20, 2007).
See Environmental Register
No. 639 (September 2007) at page 3. The
Illinois CAIR SIP was submitted to USEPA and subsequently approved through a direct final rule
published at 72 Fed. Reg. 58528 (October 16, 2007).
See Environmental Register
No. 640
(October 2007) at page 1.
Written comments on this direct final rule must be received by USEPA by December 17, 2007
and should be submitted by one of the following methods:
1) http://www.regulations.gov Follow the on-line instructions for submitting comments.
2) E-mail: a-and-r-Docket@epa.gov
. Attention Docket ID No. EPA-HQ-OAR-2007-
0510.
3) Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-2007-0510.
4) Mail: EPA Docket Center, EPA West (Air Docket), Attention Docket ID No. EPA-
HQ-OAR-2007-0510, Environmental Protection Agency, Mailcode: 2822T, 1200
Pennsylvania Ave., NW., Washington, DC 20460.
For further information contact Carla Oldham, Air Quality Planning Division, Office of Air
Quality Planning and Standards, mail code C539-04, Environmental Protection Agency, Research
Triangle Park, North Carolina 27711; telephone number: 919-541-3347; fax number: 919-541-
0824; e-mail address: oldham.carla@epa.gov
.
Environmental Register – November 2007
2
Rule Update
Board Accepts Proposal for Hearing in Water Quality Standards and Effluent Limitations
for the Chicago Area Waterway System and the Lower Des Plaines River: Proposed
Amendments to 35 Ill. Adm. Code 301, 302, 303, and 304 (R08-9)
On November 1, 2007, the Board accepted a proposal for hearing in Water Quality Standards and
Effluent Limitations for the Chicago Area Waterway System and the Lower Des Plaines River:
Proposed Amendments to 35 Ill. Adm. Code 301, 302, 303, and 304 (R08-9). The proposal, filed
by the Illinois Environmental Protection Agency (IEPA) on October 26, 2007, seeks to amend the
Board’s water quality standards for the “Chicago Area Water Way System” (CAWS) and the
Lower Des Plaines River. On November 15, 2007, having received no responses in opposition,
the Board granted the IEPA’s request to hold the required hearings in this rulemaking in Chicago
and Joliet.
The IEPA proposes amendments to update the designated uses and criteria necessary to protect
the uses for the waters currently designated for Secondary Contact and Indigenous Aquatic Life
Uses. (These specific designations were given to those waters not suited for General Use
activities.) All waters in Illinois that carry these designations are water bodies that were a part of
the engineering effort that reversed the flow of the Chicago River and are known as the CAWS
and the Lower Des Plaines River. In 2000 and 2002, the IEPA began pilot programs for the
Lower Des Plaines River and CAWS to develop use attainability analysis (UAA) for these waters.
These proposed rule changes incorporate the findings of the pilot programs.
Specifically, the proposal adds definitions in Part 301. In Part 302 Subpart A, the proposal
suggests minor changes to ensure consistency with Subpart D and Part 303. In Part 302 Subpart
D, the IEPA proposes a title changed as well as several substantive changes intended to reflect
IEPA policy changes. In Part 303, the IEPA proposes three distinct recreational uses and three
distinct aquatic life uses applicable to CAWS or the Lower Des Plaines River. The proposal
would also add a new Section 304.224 establishing a standard for effluent bacteria for discharges
impacted by the fecal coliforms standard in this proposal.
Hearings in R08-9 will be held on January 8, 2008, in Chicago and on March 10, 2008, in Joliet.
Pre-filing dates and other procedural information are contained in the hearing officer’s order of
November 20, 2007.
Copies of the Board’s opinion and order in R08-9, as well as any hearing officer orders, 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 Adopts Second Notice Opinion and Order in Proposed Amendments to Dissolved
Oxygen Standard 35 Ill. Adm. Code 302.206 (R04-25)
On November 15, 2007, the Board adopted a second notice opinion and order in Proposed
Amendments to Dissolved Oxygen Standard 35 Ill. Adm. Code 302.206 (R04-25). The Board
made only minor changes to the proposal it adopted for first notice on July 12, 2007. The changes
included use of “consecutive 24-hour periods” instead of using “calendar days” when measuring
DO-standard attainment; the Board adopted these changes at the request of the Illinois
Environmental Protection Agency (IEPA). Additionally, the Board made minor clarification
changes to the listing of the water bodies in the proposed new Appendix D. The Board sent this
rulemaking, as required by the Illinois Administrative Procedure Act (5 ILCS 100/1-1
et seq.
(2006)), to the Joint Committee on Administrative Rules (JCAR) for review, currently scheduled
for JCAR’s January 9, 2008 meeting.
Environmental Register – November 2007
3
This rulemaking proposes amendments to the Board’s general use water quality standard for
dissolved oxygen or “DO”, to make them consistent with the National Criteria Document or
“NCD” for DO of the United States Environmental Protection Agency (USEPA), Ambient
Aquatic Life Water Quality Criteria for Dissolved Oxygen (Freshwater) (USEPA, Chapman
1986). The Board’s first notice proposal, published at 31 Ill. Reg. 11028 (August 3, 2007), was
based on aspects of both the proposal filed by the Illinois Association of Wastewater Agencies
(IAWA), and the joint proposal later filed by the Illinois Department of Natural Resources (DNR)
and the Illinois Environmental Protection Agency (IEPA).
The first notice proposal included a two-season numeric DO standard with values based on daily
minima and 7- and 30-day averages. The “early life stages” season of the proposed two-season
numeric DO standard would run from March 1st through July 31st. The egg, embryo, larval, and
recently-hatched juvenile life stages of fish are more sensitive to low DO concentrations than later
juvenile and adult stages. Additionally, the proposal designated stream segments (approximately
8% of general use stream miles in Illinois) to receive “enhanced” numeric dissolved oxygen
standards to protect DO-sensitive fish and macroinvertebrate species present in meaningful
amounts. The proposal also included a narrative DO standard to protect quiescent and isolated
sectors of general use waters.
During the first notice period the Board received comments from the IEPA, IAWA, Thomas J.
Murphy Ph. D., and the Metropolitan Water Reclamation District of Greater Chicago
(MWRDGC). The issues raised during first notice addressed: (1) subjecting designated stream
segments to more protective DO standards; (2) the technical feasibility and economic
reasonableness of meeting the proposed water quality standards; (3) the lack of “implementation
rules”; (4) expressing the DO water quality standard as concentration in milligrams per liter
(mg/L) rather than as percent saturation; (5) criteria for future site-specific relief from the
proposed rules; (6) clarifying language related to the measurement of DO-standard attainment;
and (7) the potential for designating stream segments by “river miles.”
As previously stated, the Board was persuaded to make changes only concerning the sixth issue:
the measurement of DO-standard attainment. In its public comment, the IEPA suggested that
Section 302.206(d) be modified to avoid restricting the determination of daily means and daily
minima to a “calendar day.” According to the IEPA, limiting measurements to calendar days, as
opposed to any period of 24 consecutive hours, can result in “unusable dissolved oxygen
measurements that are otherwise valid and meaningful.” The IEPA explained that the calendar
day restriction, which it originally proposed, “unintentionally prevents using the results of any
dissolved oxygen monitoring period that did not begin and end specifically at midnight.”
Copies of the Board’s opinion and order in R04-25 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 Richard McGill at 312-814-6983; e-mail address
mcgillr@ipcb.state.il.us.
Board Adopts Final Opinion and Order in Proposed Amendments to Solid Waste Landfill
Rules, 35 Ill. Adm. Code 810 and 811 (R07-8)
On November 15, 2007, the Board adopted a final opinion and order in Proposed Amendments to
Solid Waste Landfill Rules, 35 Ill. Adm. Code 810 and 811 (R07-8). The adopted amendments
were filed with the Secretary of State’s Index department with a November 27, 2007 effective
date and published in the December 7, 2007 issue of the
Illinois Register
at 31 Ill. Reg. 16167 and
16172. The amendments were considered at the November 13, 2007 meeting of the Joint
Committee on Administrative Rules (JCAR); the Board received JCAR’s Notice of No Objection
on November 15, 2007.
The adopted rules are based on a proposal that was filed with the Board on July 27, 2006, by the
Illinois Chapter of the National Solid Waste Management Association (NSWMA) with the
Environmental Register – November 2007
4
concurrence of the Illinois Environmental Protection Agency (IEPA). The adopted amendments
to Parts 810 and 811 update the Board’s solid waste disposal regulations to reflect practical
experience gained by both the waste disposal industry and the IEPA through the implementation
of those rules and the expanded technical and scientific knowledge achieved since the Board first
adopted these standards in 1990.
See
Development, Operating, and Reporting Requirements for
Non-Hazardous Waste Landfills, R 88-7 (Aug. 17, 1990). A detailed description of the rules is
contained in
Environmental Register
No. 637 (July, 2007) at pp. 3-4.
Copies of the Board’s opinions and orders in R07-8 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 Tim Fox at 312-814-6085; e-mail address foxt@ipcb.state.il.us.
Board Adopts Final Opinion and Order in Amendments to the Board’s Procedural Rules
and Underground Storage Tank Regulations to Reflect P.A. 94-274, P.A. 94-276, P.A. 94-
824, P.A. 95--031, P.A. 95-0177, and P.A. 95-0408 (35 Ill. Adm. Code 101.202, 732.103,
732.702, 734.115, 734.719) (R07-17)
On November 15, 2007 the Board adopted a final opinion and order in Amendments to the
Board’s Procedural Rules and Underground Storage Tank Regulations to Reflect P.A. 94-274,
P.A. 94-276, P.A. 94-824, P.A. 95--031, P.A. 95-0177, and P.A. 95-0408 (35 Ill. Adm. Code
101.202, 732.103, 732.702, 734.115, 734.719) (R07-17). The final amendments were filed with
the Secretary of State’s Index department with a November 21, 2007 effective date and published
in the December 7, 2007 issue of the
Illinois Register
at 31 Ill. Reg. 16110, 16132, and 16151.
The amendments were considered at the November 13, 2007 meeting of the Joint Committee on
Administrative Rules (JCAR); the Board received JCAR’s Notice of No Objection on November
15, 2007.
The final rules make changes to Parts 101, 732, and 734 to incorporate recent statutory changes to
the Environmental Protection Act (Act) (415 ILCS5 /1 et seq.). The Board’s first notice proposal
contained changes required to reflect changes made by three public acts. At second notice, the
Board included changes required by three additional public acts.
First, the amendments to Part 101 were driven by legislative changes to the Act’s definition of
“pollution control facility.”
See
415 ILCS 5/3.330(a)(11.5). Changes were made by Public Act
94-0824, effective June 2, 2006;. Public Act 95-0131 effective August 13, 2007; Public Act 95-
0177, effective January 1, 2008; and Public Act 95-0408, effective August 24, 2007.
Next, the amendments to Parts 732 and 734 were driven by changes to provisions of the Act’s
definitions governing the underground storage tank (UST) program. Public Act 94-274 effective
January 1, 2006, changed the Act’s definition of owner.
See
415 ILCS5/57.2 (2006). The
Board’s adopted amendments incorporate the statutory changes to the definition of “owner” in
Sections 732.103 and 734.115 of the UST regulations (35 Ill. Adm. Code 732.103, 734.115).
Public Act 94-0276 effective January 1, 2006, amended the Act’s provisions regarding no further
remediation (NFR) letters.
See
415 ILCS 5/57.10(c). The Board amended its regulations
regarding NFR letters in Sections 732.702 and 734.710 (35 Ill. Adm. Code 732.702, 734.710) to
reflect the statutory amendment enacted by P.A. 92-0276
Copies of the Board’s opinions and orders in R07-17 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 Tim Fox at 312-814-6085; e-mail address foxt@ipcb.state.il.us.
Environmental Register – November 2007
5
Board Actions
November 1, 2007
Chicago, Illinois
Rulemakings
R08-9
In The Matter of: Water Quality Standards and Effluent Limitations
for the Chicago Area Waterway System and the Lower Des Plaines
River: Proposed Amendments to 35 Ill. Adm. Code 301, 302, 303
and 304 – The Board accepted for hearing the Illinois
Environmental Protection Agency’s October 26, 2007 proposal to
amend the Board’s water pollution control regulations. The Board
granted the motion to file a limited number of copies, but reserved
ruling on the motion to hold hearings in Chicago and Joliet until the
response time has run.
4-0
R, Water
Adjusted Standards
AS 07-3
In the Matter of: Petition of Midwest Generation, LLC, Waukegan
Generating Station for an Adjusted Standard from 35 Ill. Adm.
Code 225.230 – The Board granted petitioner’s motion to file status
report
instanter
and accepted the status report.
4-0
Air
AS 07-4
In the Matter of: Petition of Midwest Generation, LLC, Will
County Generating Station for an Adjusted Standard from 35 Ill.
Adm. Code 225.230 – The Board granted petitioner’s motion to file
status report
instanter
and accepted the status report.
4-0
Air
AS 08-3
In the Matter of: Petition for Adjusted Standard from 35 Ill. Adm.
Code 620.420 for Nobel Risley's Landfill #2 – The Board ordered
petitioner to file an amended petition to cure noted deficiencies on
or before December 3, 2007, or the petition would be subject to
dismissal.
4-0
PWS
AS 08-4
In the Matter of: Petition of the City of Chicago Heights for an
Adjusted Standard from 35 IAC 810.103, 814.102, and 814.501(c)
–
The Board directed petitioner to file the required certificate of
publication by November 30, 2007, or this petition will be
dismissed.
4-0
Land
Adjudicatory Cases
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt, Inc., ,
Edwin L. Frederick, Jr., individually and as owner and President of
Skokie Valley Asphalt Co., Inc., and Richard J. Frederick,
individually and as owner and Vice President of Skokie Valley
Asphalt Co., Inc. – The Board issued its final order having
previously found that that respondents violated the following
provisions of the Environmental Protection Act (Act) and the
Board’s regulations: Sections 12 (a) and (f) of the Act (415 ILCS
5/12(a) and (f) (2002)), and 35 Ill. Adm. Code 302.203, 304.105,
304.106, 305.102(b), 309.102(a), and 309.104(a). The Board
4-0
W-E
Environmental Register – November 2007
6
ordered the respondents to pay a total civil penalty of $153,000,
lifting the previous stay on payment. The Board also awarded
complainant $30,225 in attorney fees and $2,291.20 in costs, for a
total of $32,516.20.
PCB 96-143
People of the State of Illinois v. Michel Grain Company, Inc., a/k/a
Michel Fertilizer, Caryle Michel and Ronnie Todd and Ronnie
Todd Land Trust – 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
facilities located in Jefferson and Hamilton Counties, the Board
ordered publication of the required newspaper notice.
4-0
W-E
PCB 05-202
People of the State of Illinois v. Phoenix Finishing, Inc.
– In this air
enforcement action concerning a DuPage County facility, the Board
granted relief from the hearing requirement of Section 31(c)(1) of
the Environmental Protection Act (415 ILCS 5/31(c)(1) (2004)),
and accepted a stipulation and settlement agreement, ordering the
respondent to pay a total civil penalty of $2,000, and to cease and
desist from further violations.
4-0
A-E
PCB 07-23
People of the State of Illinois v. Greg Giertz d/b/a Giertz Swine
Farm #1 – 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
Mercer County facility, the Board ordered publication of the
required newspaper notice.
4-0
W-E
PCB 07-123
Dynegy Midwest Generation, Inc. (Hennepin Power Station) v.
IEPA – The Board granted petitioner’s motion for a partial stay of
the construction permit.
4-0
PA-Air
PCB 07-133
People of the State of Illinois, Lisa Madigan, Attorney General of
the State of Illinois v. Thomas P. Mathews – The Board granted
complainant’s motion in part, and struck the first four of the five
alleged affirmative defenses set forth in respondent’s answer. The
Board denied the complainant’s motion to strike respondent’s
asserted laches defense.
4-0
A, N, W-E
PCB 08-29
People of the State of Illinois v. Gateway Bobcat of Herberer
Equipment Co., Inc. d/b/a Bobcat of St. Louis – Upon receipt of a
proposed stipulation and settlement agreement and an agreed
motion to request relief from the hearing requirement in this public
water supply enforcement action involving a St. Clair County
facility, the Board ordered publication of the required newspaper
notice.
4-0
W-E
Environmental Register – November 2007
7
PCB 08-30
Caseyville Sport Choice, LLC, an Illinois Limited Liability
Company v. Erma I. Seiber, Administratrix of the Estate of James
A. Seiber, Deceased, and Erma I. Seiber in her individual capacity
– The Board found complainant’s alleged violations of the Board’s
regulation and the Environmental Protection Act neither duplicative
nor frivolous and accepted this citizen’s land enforcement action
involving a St. Clair County facility for hearing.
4-0
L-E
PCB 08-31
Nokomis Oil Company v. IEPA
– The Board accepted for hearing
this underground storage tank appeal involving a Montgomery
County facility.
4-0
UST Appeal
November 15, 2007
Chicago, Illinois
Rulemakings
R04-25
In the Matter of: Proposed Amendments to Dissolved Oxygen
Standard 35 Ill. Adm. Code 302.206 – The Board adopted a second
notice opinion and order in this rulemaking to amend the Board’s
general use water quality standard for dissolved oxygen.
4-0
R, Water
R07-8
In the Matter of: Proposed Amendments to Solid Waste Landfill
Rules, 35 Ill. Adm. Code 810 and 811 – The Board adopted a final
opinion and order in this rulemaking to update the Board’s solid
waste disposal regulations.
4-0
R, Land
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, P.A. 94-0824, P.A. 95--031, P.A. 95-0177, and P.A. 95-
0408 (35 Ill. Adm. Code 101.202, 732.103, 732.702, 634.115, and
734.710 – The Board adopted a final opinion and order in this
rulemaking to amend the Board’s procedural rules and underground
storage tank regulations to reflect recent legislation.
4-0
Procedural,
Land
R08-9
In The Matter of: Water Quality Standards and Effluent Limitations
for the Chicago Area Waterway System and the Lower Des Plaines
River: Proposed Amendmends to 35 Ill. Adm. Code 301, 302, 303
and 304 – The Board granted the motion to hold hearings in
Chicago and Joliet, Illinois.
4-0
R, Water
Adjudicatory Cases
PCB 04-185
Midwest Generation EME, LLC v. IEPA
– The Board granted the
parties’ joint motion to stay this trade secret appeal through
April 17, 2008, unless the Board issues an order terminating the
stay earlier.
4-0
T-S
Air
Environmental Register – November 2007
8
PCB 04-215
Commonwealth Edison Company v. IEPA
– The Board granted the
parties’ joint motion to stay this trade secret appeal through
April 17, 2008, unless the Board issues an order terminating the
stay earlier.
4-0
T-S
Air
PCB 04-216
Midwest Generation v. IEPA
– The Board granted the parties’ joint
motion to stay this trade secret appeal through April 17, 2008,
unless the Board issues an order terminating the stay earlier.
4-0
T-S
Air
PCB 06-33
People of the State of Illinois v. First Choice Construction, Inc.
– 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)
(2004)), and accepted a stipulation and settlement agreement,
ordering the respondent to pay a total civil penalty of $2,000, and
to cease and desist from further violations.
4-0
L-E
PCB 06-82
People of the State of Ilinois v. Barger Engineering, Inc.
– The
Board granted complainant's motion to file a second amended
complaint and accepted the amended complaint.
4-0
W-E
PCB 08-10
Dunn’s University BP (Corrective Action Plan dated March 5,
2007) v. IEPA – The Board accepted for hearing this underground
storage tank appeal involving a Coles County facility.
4-0
UST Appeal
PCB 08-28
People of the State of Illinois v. City of Jerseyville
– In this water
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)
(2004)), and accepted a stipulation and settlement agreement,
ordering the respondent to pay a total civil penalty of $1,080, and
to cease and desist from further violations.
4-0
W-E
PCB 08-32
Partylite Worldwide, Inc. v. IEPA
– The Board accepted for
hearing this permit appeal involving a Kane County facility.
4-0
P-A, Air
New Cases
November 1, 2007 Board Meeting
08-31
Roy Pan, Inc. v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of Roy Pan, Inc., located in
Clay County, are pollution control facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2004)).
AC 08-007
County of Vermilion, Illinois v. Connie Yount
– The Board accepted an
administrative citation against this Vermilion County respondent.
Environmental Register – November 2007
9
AC 08-008
IEPA v. James and Mildred Taviner
– The Board accepted an administrative citation
against these Williamson County respondents.
AC 08-009
IEPA v. Gene and Elena Greenwood
– The Board accepted an administrative citation
against these Calhoun County respondents.
R08-009
In The Matter of: Water Quality Standards and Effluent Limitations for the Chicago
Area Waterway System and the Lower Des Plaines River: Proposed Amendments to 35 Ill. Adm.
Code 301, 302, 303 and 304 – The Board accepted for hearing the Illinois Environmental
Protection Agency’s October 26, 2007 proposal to amend the Board’s water pollution control
regulations. The Board granted the motion to file a limited number of copies, but reserved ruling
on the motion to hold hearings in Chicago and Joliet until the response time has run.
November 15, 2007 Board Meeting
08-32
Partylite Worldwide, Inc. v. IEPA
– The Board accepted for hearing this permit appeal
involving a Kane County facility.
Calendar
12/5/07
1:30 PM
R08-06
In the Matter Of: Definition of
VOM Update, USEPA Amendments
(January 1, 2007 through June 30,
2007)
James R. Thompson Center
100 W. Randolph Street, Suite
11-500
Chicago
12/6/07
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Hearing Room 11-512
100 W. Randolph Street
Chicago
12/12/07
10:00 AM
AC 07-24
IEPA (File No. 304-06-AC) v. C.
John Blickhan
City Hall Caucus Room
730 Main Street
Quincy
12/20/07
8:30 AM
PCB 04-
102
Noveon, Inc. v. IEPA
Council Chamber
Municipal Building
426 E. Park Row
Henry
12/20/07
11:00 AM
Illinois Pollution Control Board Meeting
Chicago/Springfield
James R. Thompson Center
Hearing Room 9-040
100 W. Randolph Street
Chicago
1/10/08
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
Illinois Pollution Control
Board Room
Springfield
Environmental Register – November 2007
10
1/23/08
9:00 AM
AC 06-50
IEPA v. Marla Lewis Gates, Mark
Gates, and Mark Kingsley Lewis
(IEPA No. 98-06-AC)
Logan County Courthouse,
Room 36 (3
rd
Floor Jury Room)
601 Broadway St.
Lincoln
1/24/08
11:00 AM
Illinois Pollution Control Board Meeting
Chicago/Springfield
James R. Thompson Center
Hearing Room 9-040
100 W. Randolph Street
Chicago
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Environmental Register Comment Card
The Illinois Pollution Control Board is an independent five-member board
that adopts environmental control standards, rules on enforcement actions,
and other environmental disputes for the State of Illinois.
The
Environmental Register
is published monthly by the Board, and
contains
updates on rulemakings, descriptions of final decisions, the Board’s hearing
calendar, and other environmental law information.
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Illinois Pollution Control Board
Environmental Register Coordinator
1021 N. Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
