NOVEMBER 1, 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.
ANNOUNCEMENTS
After calling the meeting to order, Chairman Manning welcomed members of the public and
staff.
ROLL CALL
The Clerk of the Board called the roll. All Board Members answered present except for Board
Member Lawton who was absent.
APPROVAL OF MINUTES
Minutes of the October 18, 2001 meeting were approved by a vote of 6-0.
RULEMAKINGS
R01-26
In the Matter of: Amendments to Regulation of Petroleum Leaking
Underground Storage Tanks: 35 Ill. Adm. Code 732 – The Board
adopted a first notice opinion and order in this rulemaking to
amend the Board’s underground storage tank regulations.
6-0
R, Land
R01-27
R01-29
Cons.
In the Matter of: Site Remediation Program: Amendments to 35
Ill. Adm. Code 740; In the Matter of: Site Remediation Program
35 Ill. Adm. Code 740, and Subpart H (Public Schools) – The
Board adopted a first notice opinion and order in this rulemaking to
amend the Board’s site remediation program regulations.
6-0
R, Land
ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
2
R01-28
In the Matter of: Amendments to Livestock Waste Regulations:
35 Ill. Adm. Code 506 – The Board adopted a final opinion and
order in this rulemaking to amend the Board’s livestock waste
regulations.
6-0
R, Land
ADMINISTRATIVE CITATIONS
AC 00-84
IEPA v. James Day - The Board entered an order requiring
respondent to pay the Board and the Environmental Protection
Agency hearing costs in the amount of $957 and $181.25
respectively, and a civil penalty of $1,500. This order follows the
Board's interim order of July 26, 2001, which found that this
respondent had violated Sections 21(p)(1) and (p)(3) of the
Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3) (2000))
and assessing a penalty of $3,000 at respondent’s Champaign
County facility.
6-0
AC 01-5
IEPA v. Billy Hammond, Sr. – The Board entered an interim
opinion and order finding respondent violated Sections 21(p)(1)
and (p)(7) of the Environmental Protection Act (415 ILCS
5/21(p)(1), (p)(7) (2000)) and assessing a penalty of $3,000. The
Board ordered the Clerk of the Board and the Environmental
Protection Agency to file within 14 days a statement of hearing
costs, supported by affidavit, with service on respondent.
6-0
AC 01-16)
AC 01-17)
Cons.
County of Sangamon v. Everett Daily – No action taken.
AC 02-2
IEPA v. Nordean and Susan Simon d/b/a Berman Auto Parts
– No
action taken.
AC 02-9
IEPA v. Mark and Ann Musser; Pro-Excavating, Ltd.; Charles
Heuerman d/b/a Charles Heuerman General Trucking; David
Swingler d/b/a Swingler Construction; and Beecher City
Community School District – The Board found that these
Effingham County respondents violated Sections 21(p)(1) and
(p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2000)), and ordered
respondents to pay a civil penalty of $3,000
.
6-0
3
AC 02-15
Ogle County v. Steven and Karen Gilbert and Curt Nelson – The
Board accepted an administrative citation against these Ogle
County respondents.
AC 02-16
IEPA v. Brad Krstic – The Board accepted an administrative
citation against this Mercer County respondent.
AC 02-17
IEPA v. Charles Goodwin
– The Board accepted an administrative
citation against this Pike County respondent.
AC 02-18
IEPA v. Bradney Luckhart – The Board accepted an administrative
citation against this Logan County respondent.
AC 02-19
IEPA v. Walter Foster and Tim Brown d/b/a Brown Excavating
and Demolition – The Board accepted an administrative citation
against these Knox County respondents.
AC 02-20
IEPA v. Housewright Lumber Company, William A. Housewright,
and George Hartmann – The Board accepted an administrative
citation against these Hancock County respondents.
AC 02-21
IEPA v. Dale Knapp – The Board accepted an administrative
citation against this Peoria County respondent.
ADJUDICATORY CASES
Decisions
PCB 99-191
People of the State of Illinois v. Panhandle Eastern Pipe Line
Company - No action taken.
A-E
4
PCB 00-176
People of the State of Illinois v. City of Auburn; Benton &
Associates, Inc.; and Petersburg Plumbing and Heating – In this
public water supply enforcement action concerning a Sangamon
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,
ordered the respondent to pay a total civil penalty of $7,500, and to
cease and desist from further violations.
6-0
PWS-E
PCB 01-76
People of the State of Illinois v. John Crane, Inc.
– In this air
enforcement action concerning a Cook 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, ordered the respondents to pay a total
civil penalty of $166,337, and to cease and desist from further
violations.
6-0
A-E
PCB 02-37
People of the State of Illinois v. Crop Production Services, Inc.,
AEH Construction, Inc., and Gunther Construction Company – In
this land enforcement action concerning a Knox 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)), and accepted a
final stipulation and settlement agreement. The Board ordered the
respondents to each pay a civil penalty of 5,000 (for a total civil
penalty of $15,000), and to cease and desist from further
violations.
6-0
L-E
Motions and Other Matters
PCB 93-213
Texaco Refining and Marketing, Inc. (Lockport Plant) v. IEPA –
The Board granted petitioner’s motion for voluntary dismissal of
this Resource Conservation and Recovery Act permit appeal
involving a Will County facility.
6-0
P-A, RCRA
PCB 96-143
People of the State of Illinois v. Michel Grain Company, Inc. a/k/a
Michel Fertilizer; Caryle Michel; and Ronnie Todd – The Board
accepted complainant’s second amended complaint in this water
enforcement action involving a site located in Jefferson &
Hamilton Counties.
6-0
W-E
5
PCB 97-193
People of the State of Illinois v. Community Landfill Company,
Inc. – No action taken.
L-E
PCB 00-148
Wayne and Sonja Hall v. Richard L. Miller and Mary J. Miller
d/b/a R&M Metals – The Board granted complainants’ motion to
dismiss this citizen enforcement action involving a site located in
Douglas County.
6-0
Citizens
L-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
(cons.)
ESG Watts, Inc. (Sangamon Valley Landfill) v. IEPA – No action
taken.
P-A, Land
PCB 01-86
Robert and Yvonne Gardner v. Township High School District
211, Gerald Chapman, Superintendent – No action taken.
Citizens
N-E
PCB 01-139
ESG Watts, Inc. (Sangamon Valley Landfill, Taylor Ridge
Landfill, and Viola Landfill) v. IEPA – No action taken.
P-A, Land
PCB 01-140
Nelson Westerberg, Inc. v. Office of the State Fire Marshal – The
Board granted petitioner’s motion for voluntary dismissal of this
underground storage tank appeal involving a Cook County facility.
6-0
UST Appeal
PCB 01-168
Larry Manns 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
Madison County facility.
6-0
UST Appeal
6
PCB 02-7
Petro Plus, Inc. f/k/a Gas Stop 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 Cook County facility.
6-0
UST Appeal
PCB 02-8
People of the State of Illinois v. Royster-Clark, Inc. – No action
taken.
W-E
PCB 02-12
Sensient Flavors, 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 Lee County
facility.
6-0
P-A
PCB 02-13
Bahlman Oil Company, Inc. v. IEPA
– The Board accepted for
hearing this underground storage tank appeal involving a Will
County facility.
6-0
UST Fund
PCB 02-14
Ila M. Neathery and Denise Fleck v. Greg and Karen Bouillon
d/b/a Thirsty’s, and Terrill L. and Sarah E. Loving – The Board
found that the allegations in the complaint against the Lovings
were neither duplicitous nor frivolous, and accepted for hearing
this matter involving a Sangamon County facility.
6-0
Citizens
N-E
PCB 02-24
St. Joseph Oil Company v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Champaign
County facility.
6-0
UST Fund
PCB 02-27
Rezmar 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 filed on behalf of
this Cook County facility.
5-0
Melas
abstained
UST Fund
PCB 02-31
Bridgestone/Firestone Off-Road Tire Company v. IEPA
– The
Board granted petitioner’s request for a stay of effectiveness of the
contested permit condition.
6-0
P-A, Air
PCB 02-40
Village of Round Lake Park v. IEPA
- The Board accepted for
hearing this variance request involving a Lake County facility.
6-0
W-V
7
PCB 02-41
Milton C. and Virginia L. Kamholz v. Lawrence and Mariane
Sporleder – The Board ordered complainants to timely effectuate
service upon respondent as required by Section 101.304(c) of the
Board’s procedural rules (35 Ill. Adm. Code 101.304(c)), no later
than December 1, 2001, or the complaint would be subject to
dismissal.
6-0
Citizens
A&N-E
PCB 02-49
Fox River Reclamation District (South Plant) v. IEPA – The Board
granted this request for a 90-day extension of time to file a permit
appeal on behalf of this Kane County facility.
6-0
P-A
90-Day Ext.
PCB 02-50
Vandalia Community School District #203 v. IEPA - The Board
found the petition deficient in this underground storage tank appeal
involving a Fayette County facility, and ordered petitioner to file
an amended petition to cure deficiencies no later than December 1,
2001, or the petition would be subject to dismissal.
6-0
UST Appeal
PCB 02-51
Prairie Material Sales d/b/a Dixon Marquette Cement v. IEPA -
The Board found and certified that specified facilities of Prairie
Material Sales d/b/a Dixon Marquette Cement located in Lee
County are pollution control facilities under the Property Tax Code
(35 ILCS 200/11-10 (2000 )).
6-0
T-C
ADJOURNMENT
Moved and seconded, by a vote of 6-0, Chairman Manning adjourned the meeting at
11:40.a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the
above minutes were approved this 15th day of November 2001 by a vote of.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
