The following is the Illinois Pollution Control Board's tentative agenda for its April 4, 1996 Board meeting. The actual A...

In the Matter of: Revisions to Antidegradation R
In the Matter of: Proposed MTBE Groundwater Quality Standards Amendments: 35 Ill. Adm. Code 620 - No action taken.
In the Matter of: SDWA Update, USEPA Amendments
IEPA v. Millennium Waste, Inc. and Dominic Remmes
IEPA v. RCS, Inc., Mike Whitlock, and Mike Casson
IEPA v. Alan Smith – The Board ordered respondent
IEPA v. City of Eldorado – The Board accepted thi
IEPA v. Charles Haley d/b/a Haley Brothers Constr
People of the State of Illinois v. William C. Big
People of the State of Illinois v. TruServ Corpor
People of the State of Illinois v. City of Winche
City of Chester v. IEPA – The Board granted petit

ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

JUNE 21, 2001, CHICAGO OFFICE

CONFERENCE ROOM 9-040

ANNOUNCEMENTS

Chairman Manning welcomed members of the public and staff to the meeting, and thanked

Board Member Marili McFawn, Attorney Assistant Bobb Beauchamp, and Private Secretary

Kemelyau Pittman, for their valuable contributions to the Board.

The Clerk of the Board called the roll and all Board Members answered present.

APPROVAL OF MINUTES

Minutes of the June 7, 2001 meeting were approved by a vote of 7-0.

RULEMAKINGS

In the Matter of: Revisions to Antidegradation Rules: 35 Ill. Adm.

Code 302.105, 303.205, 303.206 and 106.990-106.995 – The

Board adopted a first notice opinion and order in this matter to

amend the Board’s antidegradation water regulations.

In the Matter of: Proposed MTBE Groundwater Quality Standards

Amendments: 35 Ill. Adm. Code 620 - No action taken.

In the Matter of: SDWA Update, USEPA Amendments (July 1,

2000 through December 31, 2000; Radionuclides) – The Board

adopted a proposal for public comment in this “identical-in-

substance” rulemaking to amend the Board’s public water supply

ADJUSTED STANDARDS

In the Matter of: Petition of the City of Sycamore for an Adjusted

Standard from 35 Ill. Adm. Code Sections 306.305(b) and 304.121

– The Board granted petitioner’s motion to extend time to file

addendum to amended petition.

In the Matter of: Petition of the City of Harrisburg for an Adjusted

Standard from 35 Ill. Adm. Code Section 306.305(b), 304.121 and

302.209 – The Board dismissed this request for an adjusted

standard for petitioner’s failure to file a certificate of publication

by June 14, 2001, as ordered in the Board’s order of June 7, 2001.

In the Matter of: Petition of Rhodia, Inc. and Thorn Creek Basin

Sanitary District for an Adjusted Standard from 35 Ill. Adm. Code

302.208 and 304.105 – The Board granted the Illinois

Environmental Protection Agency’s motion for extension of time

to file recommendation to July 30, 2001.

In the Matter of: Petition of Dixon Marquette Cement Company

for an Adjusted Standard from 35 Ill. Adm. Code Parts 811 and

814 – Upon receipt of a request for hearing, the Board ordered this

matter concerning a Lee County facility’s request for an adjusted

standard from the Board’s land pollution control regulations to

proceed to hearing.

ADMINISTRATIVE CITATIONS

IEPA v. Millennium Waste, Inc. and Dominic Remmes – The

Board found that these Rock Island County respondents violated

Sections 21(o)(5) and (o)(12) of the Act (415 ILCS 5/21(o)(5),

(o)(12) (2000)), and ordered respondents to pay a civil penalty of

IEPA v. RCS, Inc., Mike Whitlock, and Mike Cassons – The Board

found that these Jersey County respondents violated Sections

21(o)(5) and (o)(12) of the Act (415 ILCS 5/21(o)(5), (o)(12)

(2000)), and ordered respondents to pay a civil penalty of $1,000

IEPA v. Alan Smith – The Board ordered respondent to file an

amended petition for review of an administrative citation to cure

deficiencies no later than July 26, 2001.

IEPA v. City of Eldorado – The Board accepted this petition for

review of an administrative citation against this Saline County

IEPA v. Charles Haley d/b/a Haley Brothers Construction – The

Board ordered respondent to file an amended petition for review of

an administrative citation to cure deficiencies no later than July 26,

ADJUDICATORY CASES

People of the State of Illinois v. William C. Bigger, Joseph G.

Bigger, and Bigger Family Ltd. – In this water enforcement action

concerning a Henderson County facility, the Board granted relief

from the hearing requirement of Section 31(c)(1) of the Illinois

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 $5,000, and to cease and

desist from further violations.

People of the State of Illinois v. TruServ Corporation – In this

Resource Conservation and Recovery Act enforcement action

concerning a McHenry County facility, the Board granted relief

from the hearing requirement of Section 31(c)(1) of the Illinois

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 $10,000, and to cease and

desist from further violations.

People of the State of Illinois v. City of Winchester, Benton &

Associates, Inc., and R&G Construction – In this public water

supply enforcement action concerning a Scott County facility, the

Board granted relief from the hearing requirement of Section

31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2000)), accepted a final

stipulation and settlement agreement for the City of Winchester

(Winchester) only, ordered Winchester to pay a civil penalty of

$2,000, and to cease and desist from further violations. On May

24, 2001 the Board received a proposed stipulation and settlement

agreement and an agreed motion to request relief from the hearing

requirement in this matter as to Benton & Associates, Inc., only.

The Board ordered publication of the required newspaper notice.

This matter shall proceed to hearing as to the other respondent.

Provisional Variances

The Premcor Refining Group, Inc. v. IEPA – Upon receipt of an

Illinois Environmental Protection Agency recommendation, the

Board granted this Madison County facility a 45-day provisional

variance, subject to conditions, from the effluent limits set forth in

35 Ill. Adm. Code 304.120(b) and 304.141(a).

Motions and Other Matters

People of the State of Illinois v. Skokie Valley Asphalt, Inc. – No

City of Chester v. IEPA – The Board granted petitioner’s motion

for voluntary dismissal of this permit appeal involving a Randolph

County facility.

People of the Sate of Illinois v. Community Landfill Company,

Inc. – No action taken.

Jersey Sanitation Corporation v. IEPA – The Board granted

petitioner’s motion for summary judgment and denied respondent’s

motion for summary judgment. The Board remanded this matter to

the Illinois Environmental Agency with direction to issue the

permit consistent with the opinion and order entered in this matter.

Roger L. Young and Romana K. Young v. Gilster-Mary Lee

Corporation – The Board denied respondent’s motions to reply and

to strike. The Board affirmed the hearing officers decision to

admit evidence and opinion witness testimony.

Stephen M. Lardner v. Dominick’s Finer Foods, Inc., The

Landowner of Longmeadow Commons, Waste Management,

Mundelein Disposal, and BFI – No action taken.

Wayne and Sonja Hall v. Richard L. Miller and Mary J. Miller

d/b/a R&M Metals – No action taken.

Broderick Teaming Company v. IEPA – The Board denied

respondent’s motion for reconsideration of it’s April 5, 2001 order.

Go-Tane Service Stations, Inc. v. IEPA – The Board granted

petitioner’s motion for voluntary dismissal of this underground

storage tank appeal involving a Cook County facility.

James Glasgow, Vickie Glasgow, Bill Hoppe, and Pat Hoppe v.

Ganite City Steel – The Board granted respondent’s attorney’s

motion to appear

People of the State of Illinois v. Ratliff Brothers and Company,

Inc. – Upon receipt of a proposed stipulation and settlement

agreement and an agreed motion to request relief from the hearing

requirement in this land and water enforcement action involving a

Henry County facility, the Board ordered publication of the

required newspaper notice.

Prairie Rivers Network v. IEPA and Black Beauty Coal Company

– The Board granted respondent Black Beauty Coal Company’s

request for oral argument and directed that such oral argument

take place before the Board on July 12, 2001.

Pilkington North America, Inc. v. IEPA – Having previously

granted a request for a 90-day extension, the Board dismissed this

matter because no permit appeal was filed on behalf of this LaSalle

County facility.

Builder’s Plumbing Supply 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 Lake County facility.

Aubrey Manufacturing, Inc. v. IEPA – Having previously granted

a request for a 90-day extension, the Board dismissed this matter

because no permit appeal was filed on behalf of this McHenry

County facility.

B.L.T., Inc. v. Sixth Street Developers Limited Partnership, ORF,

Inc., Roland Industries, VT Properties, Inc. and Freesen, Inc. – No

Mac Investments d/b/a Olympic Oldsmobile v. Office of the State

Fire Marshal – The Board ordered petitioner to file a supplement to

its petition and ordered respondent to file its record in this matter

by July 6, 2001.

David P. Houghtaling v. Tire Management, Inc. – The Board found

that the alleged violations in the complaint were neither duplicitous

nor frivolous, and accepted for hearing this matter involving a

Kane County facility.

People of the State of Illinois v. ESG Watts, Inc. (Taylor Ridge

Landfill) – The Board accepted for hearing this air, water, and land

enforcement matter involving a Rock Island County facility.

Larry Manns v. IEPA – The Board granted this request for a 90-

day extension of time to file an underground storage tank appeal on

behalf of this Madison County facility.

Gerry Blohm v. Dominick’s Finer Foods – The Board held for a

later duplicitous/frivolous determination this citizen’s noise

enforcement action involving a McHenry County facility.

Community Landfill and City of Morris v. IEPA – The Board

granted this request for a 90-day extension of time to file a permit

appeal on behalf of this Grundy County facility.

CASES PENDING DECISION

In the Matter of: Site Remediation Program: Amendments to 35

Ill. Adm. Code 740; and In the Matter of: Site Remediation

Program: Proposed 35 Ill. Adm. Code 740.Subpart H (Schools,

Public Parks, and Playgrounds) – No action taken.

People of the State of Illinois v. Panhandle Eastern Pipe Line

Company – No action taken.

Plexus Scientific Corporation v. IEPA – No action taken.

ADJOURNMENT

Moved and seconded, by a vote of 7-0

Chairman Manning adjourned the meeting at

I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the

above minutes were approved this 12th day of July 2001 by a vote of 4-0.