ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
NOVEMBER 15, 2001
CHICAGO OFFICE-100 West Randolph
VIDEO CONFERENCE ROOM 11-512
and
SPRINGFIELD OFFICE-600 South Second Street
VIDEO CONFERENCE ROOM 402
11:00 A.M.
A
NNOUNCEMENTS
After calling the meeting to order, Chairman Manning welcomed members of the public and
staff.
R
OLL CALL
The Clerk of the Board called the roll and all Board Members answered present.
A
PPROVAL OF MINUTES
Minutes of the November 1, 2001 meeting were approved by a vote of 6-0.
RULEMAKINGS
R02-3
In the Matter of: Wastewater Pre-Treatment Update, USEPA
Amendments (January 1, 2001 through June 30, 2001) – The Board
granted expedited consideration of the federal amendments of
October 3, 2001, by opening a new docket, R02-9, to consider that
federal action. The Board declined to introduce the subject matter
of the October 3, 2001 federal amendments into this docket, R02-3.
7-0
R, Water
R02-9
In the Matter of: Wastewater Pretreatment Update, (October 3,
2001) – The Board granted expedited consideration of the federal
amendments of October 3, 2001, by opening a new docket, R02-9,
to consider that federal action. The Board adopted a proposal for
public comment in this “identical-in-substance” rulemaking to
amend the Board’s wastewater pretreatment regulations.
7-0
R, Water
R02-11
In the Matter of: Water Quality Triennial Review: Amendments
to 35 Ill. Adm. Code 302.208(e)-(g), 302.504(a), 302.575(d),
303.444, 309.141(h); and Proposed 35 Ill. Adm. Code 301.267,
301.313, 301.413, 304.120, and 309.157 – No action taken.
R, Water
ADMINISTRATIVE CITATIONS
AC 01-16
AC 01-17
Cons.
County of Sangamon v. Everett Daily – No action taken.
AC 01-43
IEPA v. City of Eldorado
– No action taken.
AC 02-2
IEPA v. Nordean and Susan Simon d/b/a Berman Auto Parts – The
Board denied complainant’s motion to strike affirmative defenses.
6-1
Kezelis
Dissented
AC 02-10
County of Sangamon v. Trust TR-98-202, Mark K. Vincent,
Trustee and Frank Reynolds – The Board found that these
Sangamon County respondents violated Section 21(p)(1) of the Act
(415 ILCS 5/21(p)(1) (2000)), and ordered respondents to pay a
civil penalty of $1,500
.
7-0
AC 02-11
County of LaSalle v. Dave Eiben – The Board found that this
LaSalle County respondent violated Section 21(p)(1) of the Act
(415 ILCS 5/21(p)(1) (2000)), and ordered respondent to pay a
civil penalty of $1,500
.
7-0
AC 02-12
County of Ogle v. Gerald A. Martin d/b/a Martin & Company
Excavating; and Kenneth E. Sheely – The Board found that these
Ogle County respondents violated Sections 21(p)(1), (p)(7)(i) and
(p)(7)(ii) of the Act (415 ILCS 5/21(p)(1), (p)(7)(i), (p)(7)(ii)
(2000)), and ordered respondents to pay a civil penalty of $4,500
.
7-0
2
AC 02-13
IEPA v. Charles White
– The Board found that this Stephenson
County respondent violated Section 21(p)(1) of the Act (415 ILCS
5/21(p)(1) (2000)), and ordered respondent to pay a civil penalty of
$1,500
.
7-0
AC 02-17
IEPA v. Charles Goodwin –
The Board ordered respondents to file
an amended petition for review no later than December 20, 2001.
7-0
AC 02-22
IEPA v. Charles Kinsel – The Board accepted an administrative
citation against this Fulton County respondent.
ADJUDICATORY CASES
Decisions
PCB 99-191
People of the State of Illinois v. Panhandle Eastern Pipe Line
Company - The Board found that respondent violated Sections
9(b), 9.1(d)(1), and 9.1(d)(2) of the Environmental Protection Act
(415 ILCS 5/9(b), 9.1(d)(1), 9.1(d)(2) (2000)) and ordered the
respondent to pay $850,000 in civil penalties and $115,750.25 in
costs and attorney fees, and to cease and desist from further
violations.
6-1
A-E
Flemal
concurred
Johnson
dissented
PCB 01-151
People of the State of Illinois v. Diamond Plating Company
– In
this Resource Conservation and Recovery Act enforcement action
concerning a Madison 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) (2000)),
accepted a final stipulation and settlement agreement, ordered the
respondent to pay a total civil penalty of $4,000, and to cease and
desist from further violations
7-0
RCRA-E
Provisional Variances
3
PCB 02-57
Village of Panama v. IEPA
– Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board
granted this Bond County facility a 45-day provisional variance,
subject to conditions, from the effluent limits set forth in 35 Ill.
Adm. Code 304.120(a) and 304.141(a). This is an extension of a
previous provisional variance Village of Panama v. IEPA
, PCB 02-
35 (September 20, 2001).
7-0
W-V
Motions and Other Matters
PCB 96-20
Edward Wesolowski; Jacqueline Wesolowski; Will Burgess;
Dorothy Burgess; Frank Rubino; Toby Gruszecki; and Mike
Gruszecki v. U.S. Postal Service, Barrington, Illinois – No action
taken.
Citizens,
N-E
PCB 97-2
People of the State of Illinois v. Jersey Sanitation Corporation
–
No action taken.
A,W&L-E
PCB 98-148
People of the State of Illinois v. Doren Poland; Lloyd Yoho; and
Briggs Industries, Inc. – No action taken.
L-E
PCB 00-67
People of the State of Illinois v. American Disposal, Inc. and
Consolidated Rail Corporation – Upon receipt of a proposed
stipulation and settlement agreement and an agreed motion to
request relief from the hearing requirement in this Resource
Conservation and Recovery Act enforcement action involving a
Cook County facility, the Board ordered publication of the
required newspaper notice.
7-0
RCRA-E
PCB 00-188
Ozinga Transportation Services v. IEPA
– No action taken.
UST Fund
PCB 00-206
PCB 00-207
PCB 00-208
PCB 01-62
PCB 01-63
PCB 01-64
ESG Watts, Inc. (Sangamon Valley Landfill) v. IEPA
– No action
taken.
P-A, Land
4
PCB 01-3
People of the State of Illinois v. R&G Construction
– 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 Scott County facility,
the Board ordered publication of the required newspaper notice.
7-0
PWS-E
PCB 01-86
Robert and Yvonne Gardner v. Township High School District
211, Gerald Chapman, Superintendent – No action taken.
Citizens,
N-E
PCB 01-134
People of the State of Illinois v. Kucera Disposal Company – Upon
receipt of a proposed stipulation and settlement agreement and an
agreed motion to request relief from the hearing requirement in this
land enforcement action involving a Cook County facility, the
Board ordered publication of the required newspaper notice.
7-0
L-E
PCB 01-139
ESG Watts, Inc. v. IEPA – No action taken.
P-A, Land
PCB 02-1
People of the State of Illinois v. Stein Steel Mill Services, Inc. –
The Board denied respondent’s motion to dismiss this air
enforcement action involving a Madison County facility.
7-0
A-E
PCB 02-8
People of the State of Illinois v. Royster-Clark, Inc. – No action
taken.
W-E
PCB 02-14
Ila M. Neathery and Denise C. Fleck v. Greg and Karen Bouillon
d/b/a Thirsty’s, and Terrill L. and Sarah E. Loving – The Board
denied respondents Greg and Karen Bouillon’s motion to dismiss
this citizen noise enforcement action involving a Sangamon
County facility.
7-0
Citizens,
N-E
PCB 02-21
People of the State of Illinois v. J&F Hauling, Inc.
– No action
taken.
RCRA-E
PCB 02-27
Rezmar Corporation v. IEPA
– The Board vacated its November 1,
2001 order which dismissed this matter and extended the appeal
period until December 11, 2001.
6-0
UST Fund
90-Day Ext.
Melas
abstained
5
PCB 02-41
Milton C. and Virginia L. Kamholz v. Lawrence and Mariane
Sporleder – No action taken.
Citizens,
A&N-E
PCB 02-47
Pacella & Sons v. IEPA
– No action taken.
UST Fund
PCB 02-52
Vandalia C.U.S.D. 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 Fayette County facility.
7-0
UST Appeal
90-Day Ext.
PCB 02-53
E&L Trucking 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 Cook County facility.
7-0
UST Fund
90-Day Ext.
PCB 02-54
City of Springfield 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 Sangamon County facility.
7-0
UST Appeal
90-Day Ext.
PCB 02-55
ESG Watts, Inc. (Taylor Ridge Landfill) v. IEPA – The Board
granted this request for a 90-day extension of time to file a permit
appeal on behalf of this Rock Island County facility.
7-0
P-A
90-Day Ext.
PCB 02-56
People of the State of Illinois v. Chiquita Processed Foods, L.L.C.
– The Board accepted for hearing this public water supply
enforcement action involving a Peoria County facility.
7-0
W-E
CASES PENDING DECISION
R01-13
In the Matter of: Revisions to Antidegradation Rules: 35 Ill. Adm.
Code 302.105, 303.205, 303.206, 102.800, 102.810, 102.820, and
102.830 – Proposed Rule, Second Notice, Opinion and Order
R, Water
6
R02-8
In the Matter of: Enhanced Vehichle Inspection and Maintenance
(I/M) Regulations: Amendments to 35 Ill. Adm. Code Part
240.191-240.193) – (due 12/6) Adopted Rule, Final Order,
Opinion and Order
R, Air
PCB 01-170
Community Landfill Company and City of Morris v. IEPA
(due
12/14)
P-A, Land
PCB 02-20
City of Charleston v. IEPA (due 12/14)
PWS-V
A
DJOURNMENT
Moved and seconded, by a vote of 7-0, Chairman Manning adjourned the meeting at
11:55.a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the
above minutes were approved this 6th day of December 2001 by a vote of.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
7
