MAY 18, 2000 SPRINGFIELD OFFICE
600 South Second Street - Suite 403
Hearing Room
10:30 A.M.
ANNOUNCEMENTS
After calling the meeting to order, Chairman Manning welcomed members of the public and
staff to the meeting.
ROLL CALL
The Administrative Assistant to the Chairman called the roll and Board Members Manning,
Flemal, Kezelis, Lawton, McFawn, and Melas answered present. Board Member Girard was
absent.
APPROVAL OF MINUTES
Minutes of the May 4, 2000 meeting were approved by a vote of 6-0.
RULEMAKINGS
R00-13
In the Matter of: RCRA Subtitle C Update, USEPA Amendments
(July 1, 1999 through December 31, 1999) - The Board adopted a
final opinion and order in this “identical-in-substance” rulemaking
to amend the Board’s hazardous waste regulations.
6-0
R, Land
R00-19
In the Matter of: Proposed Amendments to Tiered Approach to
Corrective Action Objectives (35 Ill. Adm. Code 742) - The Board
accepted for hearing this Illinois Environmental Protection Agency
proposal to amend the standards for tiered approach to corrective
action objectives.
6-0
R, Land
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
2
ADJUSTED STANDARDS
AS 00-14
In the Matter of: Petition of Heritage Environmental Services, Inc.
for an Adjusted Standard from 35 Ill. Adm. Code 702.126(d)(1) -
No action taken.
RCRA
ADMINISTRATIVE CITATIONS
AC 00-3
et al.
(Cons.)
County of Sangamon v. ESG Watts, Inc. - In response to a joint
stipulation and settlement agreement in these consolidated
administrative citations involving a Sangamon County facility, the
Board dismissed respondent’s petitions for review in each action.
The Board also granted complainant’s motion to dismiss the
following administrative citations: AC 00-51 (SCDPH 99-AC-36);
AC 00-53 (SCDPH 99-AC-37); AC 00-54 (SCDPH 99-AC-38);
AC 00-55 (SCDPH 99-AC-39); AC 00-64 (SCDPH 99-AC-40);
AC 00-65 (SCDPH 99-AC-41); and AC 00-66 (SCDPH 99-AC-
42). The Board dismissed the alleged violations of Section
21(o)(9) of the Illinois Environmental Protection Act (Act) from
each of the remaining administrative citations, and dismissed the
alleged violation of Section 21(o)(6) of the Act from AC 00-50
(SCDPH 99-AC-35). 415 ILCS 5/21(o)(6), (o)(9) (1998). The
Board found respondent had violated Sections 21(o)(5) and (o)(6)
of the Act (415 ILCS 5/21(o)(5), (o)(6) (1998)) in each of the
remaining administrative citations, and ordered respondent to pay a
civil penalty of $29,500.
6-0
AC 00-69
IEPA v. Raymond Pollock - In response to a joint stipulation and
settlement agreement in this administrative citation action
involving a Cumberland County facility, the Board dismissed
respondent’s petition for review, found respondent had violated
Section 21(p)(1) of the Environmental Protection Act (Act) (415
ILCS 5/21(p)(1) (1998)), and ordered respondent to pay a civil
penalty of $1,500.
6-0
AC 00-73
IEPA v. Landfill 33, Ltd., and Richard Deibel - The Board found
that these Effingham County respondents violated Sections
21(o)(5) and 21(o)(12) of the Act (415 ILCS 5/21(o)(5), 21(o)(12)
(1998)), and ordered respondents to pay a civil penalty of $3,000.
6-0
3
3
AC 00-74
IEPA v. William J. Heap and H&G Construction, Inc. - The Board
found that these McDonough County respondents violated Sections
21(p)(1), 21(p)(3), and 21(p)(7) of the Act (415 ILCS 5/21(p)(1),
21(p)(3), 21(p)(7) (1998)), and ordered respondents to pay a civil
penalty of $4,500.
6-0
AC 00-81
IEPA v. Jesse Lockhart - The Board accepted for hearing this
petition for review of an administrative citation against this
Kankakee County respondent.
6-0
ADJUDICATORY CASES
Decisions
PCB 96-209
People of the State of Illinois v. Macon County Landfill
Corporation - In this land enforcement action concerning a facility
located in Macon County, Illinois, the Board, after hearing,
accepted a final stipulation and settlement agreement, ordered the
respondent to pay a civil penalty of $37,500, and ordered
respondent to cease and desist from further violations.
6-0
L-E
PCB 97-207
People of the State of Illinois v. Inspiration Development
Company - In this air and land enforcement action concerning a
facility located in Jo Daviess County, Illinois, the Board granted
relief from the hearing requirement of Section 31(c)(2) of the
Environmental Protection Act (415 ILCS 5/31(c)(2) (1998)),
accepted a final stipulation and settlement agreement, ordered the
respondent to reimburse the State $22,531 for its oversight,
assistance, and guidance in the reclamation, regrading, and
revegetation of the site, and ordered respondent to cease and desist
from further violations.
6-0
A&L-E
4
4
PCB 98-162
People of the State of Illinois v. Judy Davis - In this land
enforcement action concerning a facility located in Henry County,
Illinois, the Board granted relief from the hearing requirement of
Section 31(c)(2) of the Environmental Protection Act (415 ILCS
5/31(c)(2) (1998)), accepted a final stipulation and settlement
agreement, ordered the respondent to pay a civil penalty of $2,000,
and ordered respondent to cease and desist from further violations.
6-0
L-E
Provisional Variances
Since the Board must decide provisional variances within forty-eight hours of their filing, any
provisional variances filed prior to this meeting will be included here.
PCB 00-193
Acme Steel Company v. IEPA - Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board
granted this Cook County facility a 45-day provisional variance,
subject to conditions, from 35 Ill. Adm. Code 212.443(c)(1)(A),
which prohibits average opacity during pushing operations of
greater than 20 percent for four consecutive pushes.
6-0
A-V
Motions and Other Matters
PCB 97-9
People of the State of Illinois v. C&S Recycling, Inc., Flood
Brothers Disposal Company, Inc., William Flood, individually and
as President of C&S Recycling, and Brian Flood, individually and
as Treasurer of C&S Recycling - No action taken.
L-E
PCB 97-103
People of the State of Illinois v. State Oil Company, William
Anest, an individual f/d/b/a S&S Petroleum Products, Peter Anest,
an individual f/d/b/a S&S Petroleum Products, Charles Abraham,
an individual, Josephine Abraham, an individual, and Milstream
Service, Inc. - The Board denied complainant’s motion to strike the
affirmative defense of laches and granted in part and denied in part
respondents Anests’ motion to strike and dismiss the second
amended cross complaint.
6-0
L&W-E
5
5
PCB 97-189
Frederick Cooper Lamps, Inc. v. IEPA - The Board granted the
parties’ joint motion for voluntary dismissal of this permit appeal
involving a Cook County facility.
6-0
P-A, Air
PCB 97-234
Antonio D. H. Nam v. Kikon Suh - No action taken.
UST-E,
Citizens
PCB 98-144
People of the State of Illinois v. Edward Van Der Molen and Peter
T. Barton d/b/a Shadow Lakes Resort - 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 facility located in Will County, the
Board ordered publication of the required newspaper notice.
6-0
W-E
PCB 98-169
Union Oil Company of California d/b/a Unocal v. Barge-Way Oil
Company, Inc., Barge-Way Systems, Inc., Joseph Kellogg,
Nielsen’s Barge-Way, Robert Nielsen, Robert F. Atkins, and Mobil
Oil Company - The Board granted complainant’s motion to
voluntarily dismiss the following respondents: Robert F. Atkins,
Barge-Way Systems, Inc., and Mobil Oil Company. The Board
also granted complainant’s attorney’s motion to appear
pro hac
vice
.
6-0
UST-E
PCB 99-152
People of the State of Illinois v. Eagle-Picher Industries, 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 facility
located in Edgar County, the Board ordered publication of the
required newspaper notice.
6-0
A-E
PCB 99-177
Village of Oak Lawn v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Cook County facility.
6-0
UST-FRD
6
6
PCB 00-31
People of the State of Illinois v. Reilly Industries, Inc. - 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 facility located in Madison County, the Board ordered
publication of the required newspaper notice.
6-0
RCRA-E
PCB 00-67
People of the State of Illinois v. American Disposal Company and
Consolidated Rail Corporation - The Board denied respondent
Consolidated Rail Corporation’s motion to dismiss this Resource
Conservation and Recovery Act enforcement action involving a
facility located in Cook County.
6-0
RCRA-E
PCB 00-138
Granite City Sheet Metal v. IEPA - The Board accepted for hearing
this underground storage tank appeal involving a Madison County
facility.
6-0
UST-FRD
PCB 00-139
L. Wolf Company v. IEPA - The Board accepted for hearing this
underground storage tank appeal involving a Madison County
facility.
6-0
UST-FRD
PCB 00-143
Curtis Masterson v. City of Fairfield - No action taken.
A-E,
Citizens
PCB 00-144
Federal-Mogul Corporation v. IEPA - Having previously granted a
request for a 90-day extension, the Board dismissed this matter
because no underground storage tank appeal was timely filed on
behalf of this Cook County facility.
6-0
UST-
Appeal
PCB 00-145
Marathon Ashland Petroleum, 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 timely
filed on behalf of this DuPage County facility.
6-0
UST-
Appeal
7
7
PCB 00-149
Northwestern Steel and Wire Company v. IEPA - Having
previously granted a request for a 90-day extension, the Board
dismissed this matter because no permit appeal was timely filed on
behalf of this Whiteside County facility.
6-0
P-A
PCB 00-150
AC Humko (Morgan Specialties) v. IEPA - Having previously
granted a request for a 90-day extension, the Board dismissed this
matter because no permit appeal was timely filed on behalf of this
Edgar County facility.
6-0
P-A
PCB 00-153
Frank Gentile v. IEPA - No action taken. UST-
Appeal
PCB 00-154
Kathryn Cooper v. City of Fairfield - No action taken. A-E,
Citizens
PCB 00-155
Robert Lichtenberger and Wilma Lichtenberger v. City of Fairfield
- No action taken.
A-E,
Citizens
PCB 00-158
ESG Watts, Inc. (Viola Landfill) v. IEPA - No action taken.
P-A, Land
PCB 00-159
ESG Watts, Inc. (Taylor Ridge/Andalusia Landfill) v. IEPA - No
action taken.
P-A, Land
PCB 00-160
ESG Watts, Inc. (Sangamon Valley Landfill) v. IEPA - No action
taken.
P-A. Land
PCB 00-177
Michael D. Logsdon, Darrell E. Mann, Kathy Mann, Russell
Spillman, Marilyn Spillman, Rita Martin, A. Abbott, Kathy
Abbott, Diana Collins, Dave Collins v. South Fork Gun Club - No
action taken.
N-E,
Citizens
8
8
PCB 00-180
People of the State of Illinois v. Jacobs Energy Corporation - The
Board accepted for hearing this air and land enforcement action
against this Rock Island County facility.
6-0
A&L-E
PCB 00-181
MDI Limited Partnership #42 v. Regional Board of Trustees for
Boone and Winnebago Counties, and Board of Education of
Belvidere District 100 - The Board held for a later
duplicitous/frivolous determination this citizen underground
storage tank enforcement action involving a Boone County facility.
UST-E,
Citizens
PCB 00-182
People of the State of Illinois v. Ralph Campbell - The Board
dismissed this enforcement action against this Champaign County
facility, finding that it lacks jurisdiction to hear cases brought
pursuant to the Gasoline Storage Act.
6-0
UST-E
PCB 00-183
People of the State of Illinois v. Delno E. Smith
individually and d/b/a Smitty’s Friendly Service - The
Board dismissed this enforcement action against this
Crawford County facility, finding that it lacks jurisdiction
to hear cases brought pursuant to the Gasoline Storage Act.
6-0
UST-E
PCB 00-184
People of the State of Illinois v. M&R Wrecking, Ltd. and
Roderick Enterprises, Inc. - The Board accepted for hearing this air
enforcement action against this Cook County facility.
6-0
A-E
PCB 00-185
National Car Rental System, 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 Cook County facility.
6-0
UST-
Appeal
90-Day Ext.
9
9
PCB 00-186
Corn Belt Electric Cooperative 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 McLean County facility.
6-0
UST-
Appeal
90-Day Ext.
PCB 00-187
Broderick Teaming 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.
6-0
UST-
Appeal
90-Day Ext.
PCB 00-188
Ozinga Transportation Services 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.
6-0
UST-
Appeal
90-Day Ext.
PCB 00-189
People of the State of Illinois v. Fox River Water Reclamation
District - The Board accepted for hearing this water enforcement
action against this Kane County facility.
6-0
W-E
PCB 00-190
People of the State of Illinois v. Truserv Corporation - The Board
accepted for hearing this Resource Conservation and Recovery Act
enforcement action against this McHenry County facility.
6-0
RCRA-E
PCB 00-191
Sunburst Energy, 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 Fayette County facility.
6-0
UST-FRD
90-Day Ext.
PCB 00-192
People of the State of Illinois v. Wismarq Corporation - The Board
accepted for hearing this air enforcement action against this Cook
County facility.
6-0
A-E
10
10
CASES PENDING DECISION
R00-16
In the Matter of: Vehicle Scrappage Activities Adoption of 35 Ill.
Adm. Code 207 - Adopted Rule, Final Order, Opinion and Order
R, Air
PCB 97-121
Matteson WHP Partnership v. James W. Martin and Eva D. Martin,
individually and d/b/a Martin’s of Matteson
RCRA-E,
Citizens
OTHER ITEMS
ADJOURNMENT
Moved and seconded, by a vote of 6-0
,
Chairman Manning adjourned the meeting at 11:20 a.m.
to an Executive Session.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the
above minutes were approved this 8th day of June 2000 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
