CHICAGO OFFICE-100 West Randolph

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 and all Board Members answered present.

 

APPROVAL OF MINUTES

Minutes of the October 4, 2001 meeting were approved by a vote of 7-0.

 

ADMINISTRATIVE CITATIONS

AC 01-16)

AC 01-17)

Cons.

County of Sangamon v. Everett Daily – No action taken.

 

AC 02-2

IEPA v. Nordean and Susan Simons d/b/a Berman Auto Parts – No

action taken.

 

AC 02-6

IEPA v. Larry Beam – The Board granted complainant’s motion

for reconsideration and vacated the Board’s October 4, 2001 order

finding a violation and imposing a penalty. The Board dismissed

this administrative citation for complainant’s failure to timely

effectuate service upon respondent as required by Section 31.1(b)

of the Environmental Protection Act (415 ILCS 5/31.1(b) (2000)).

 

7-0

 

ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

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2

AC 02-7

IEPA v. Terry and Latisha Springer – The Board ordered

respondents to file an amended petition for review no later than

November 22, 2001.

 

7-0

AC 02-8

IEPA v. Terry Baker d/b/a Baker Excavating – The Board found

that this Franklin County respondent violated Sections 21(p)(1),

(p)(3) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7)

(2000)), and ordered respondent to pay a civil penalty of $4,500

.

 

 

7-0

AC 02-13

IEPA v. Charles White – The Board accepted an administrative

citation against this Stephenson County respondent.

 

AC 02-14

IEPA v. Knox County Landfill Committee – The Board accepted

an administrative citation against this Knox County respondent.

 

ADJUDICATORY CASES

Decisions

PCB 00-122

People of the State of Illinois v. City of Lawrenceville, John A.

Gordon, P.E., and Gordon & Price, Inc. – In this public water

supply enforcement action concerning a Lawrence 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 Lawrence

(Lawrence) only, ordered Lawrence to perform a $2,000

Supplemental Environmental Project as a penalty, and to cease and

desist from further violations. This matter shall proceed to hearing

as to the other respondents.

 

7-0

PWS-E

PCB 01-5

People of the State of Illinois v. Roecker Cabinets Incorporated

d/b/a Roecker Cabinet & Millwork – In this Resource

Conservation and Recovery Act enforcement action concerning a

Tazewell 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 respondents to

pay a total civil penalty of $7,500, and to cease and desist from

further violations.

 

7-0

RCRA-E

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3

PCB 01-159

American Bottom Conservancy, East St. Louis Community Action

Network, Kathy Andria and Jack Norman v. Village of Fairmont

City and Waste Management of Illinois, Inc. – The Board affirmed

the April 18, 2001 decision by the Board of Trustees of the Village

of Fairmont City to grant local siting approval for the expansion of

Waste Management of Illinois, Inc.’s Milam Recycling and

Disposal Facility.

 

7-0

P-C-F-S-R

PCB 02-16

City of Chicago Department of Water v. IEPA – The Board

granted petitioner a variance, subject to conditions from 35 Ill.

Adm. Code 611.744 and 611.745, which relate to installing and

collecting data from turbidity monitors for its two water

purification plants, Jardine Water Purification Plant and South

Water Purification Plant, Cook County, Illinois.

 

7-0

PWS-V

PCB 02-29

People of the State of Illinois v. Bob Nickel d/b/a Nickel Agri-

Service – In this water enforcement action concerning a Morgan

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.

 

7-0

W-E

Motions and Other Matters

 

PCB 93-213

Texaco Refining and Marketing, Inc. (Lockport Plant) v. IEPA –

No action taken.

 

P-A, RCRA

PCB 97-150

McKay Contractors, Inc. v. IEPA – The Board granted petitioner’s

motion for voluntary dismissal of this underground storage tank

appeal involving a Cook County facility.

 

7-0

UST Fund

PCB 97-193

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

Inc. – No action taken.

 

L-E

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4

PCB 99-191

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

Company – The Board denied complainant’s motions to reconsider

the Board’s February 1, 2001 order affirming the hearing officer’s

ruling to exclude the People’s Exhibit 5 from evidence and to

strike portions of respondent’s response brief. The Board granted

complainant’s motion to waive the 50-page limit of 35 Ill. Adm.

Code 101.302(k) for reply briefs.

 

7-0

A-E

Cons.

Curtis Masterson v. City of Fairfield; Kenneth Boster v. City of

Fairfield – The Board granted complainants’ motion for voluntary

dismissal of this consolidated citizen enforcement action involving

a Wayne County facility.

 

 

7-0

Citizens,

A-E

PCB 00-146

C.C. Dillon Company (Raceway Gas & Food) v. Office of the

State Fire Marshal – The Board denied petitioner’s motion for

summary judgment and granted respondent’s motion for summary

judgment.

 

7-0

UST-Fund

PCB 00-188

Ozinga Transportation Services v. IEPA – No action taken.

 

UST-Fund

PCB 01-64

 

ESG Watts, Inc. v. IEPA – The Board granted petitioner’s oral

motion to consolidate these matters for purposes of hearing.

7-0

P-A, Land

PCB 01-21

Michael E. Mellon and Rebecca J. Mellon v. Illinois Department of

Transportation – The Board granted complainant’s motion for

voluntary dismissal of this citizens enforcement action involving a

Cook County facility.

 

6-0

Kezelis

abstained

Citizens

A&N-E

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5

PCB 01-151

People of the State of Illinois v. Diamond Plating Company –

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 Madison County facility, the Board

ordered publication of the required newspaper notice.

 

7-0

RCRA-E

PCB 02-2

Barry Amoco, Inc. 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

Grundy County facility.

 

7-0

UST Fund

PCB 02-31

Bridgestone/Firestone Off-Road Tire Company v. IEPA – No

action taken.

 

P-A, Air

PCB 02-32

Village of Grayslake v. Winds Chant Kennel – The Board found

that the alleged violations in the complaint were neither duplicitous

nor frivolous, and accepted for hearing this matter involving a

Lake County facility. The Board also granted the Village of

Grayslake’s motion to consolidate this matter with Doris Glave v.

Brent Harris, Patty Harris, and Winds Chant Kennel, Inc., PCB 02-

11.

 

7-0

Citizens,

N-E

PCB 02-34

L. Keller Oil Properties, Inc. v. IEPA – The Board granted

petitioner’s motion for voluntary dismissal of this underground

storage tank appeal involving a Coles County facility.

 

7-0

UST Appeal

PCB 02-41

Milton C. and Virginia L. Kamholz v. Lawrence and Mariane

Sporleder – The Board held for a later duplicitous/frivolous

determination this citizens air and noise enforcement action

involving a McHenry County facility.

 

Citizens

A&N-E

PCB 02-42

City of Canton v. IEPA – The Board accepted for hearing this

request for variance from turbidity involving a Fulton County

public water supply.

 

7-0

PWS-V

PCB 02-44

Amoco Oil Company v. IEPA – The Board accepted for hearing

this underground storage tank appeal involving a Lake County

facility.

 

7-0

UST Appeal

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6

PCB 02-45

Heritage Environmental Services, Inc. v. IEPA – The Board

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

appeal on behalf of this Cook County facility.

 

 

7-0

P-A

90-Day Ext.

PCB 02-46

Marcley Oil 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 Kane County facility.

 

 

7-0

UST Fund

PCB 02-47

Pacella & Sons v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Cook County facility.

 

 

7-0

UST Fund

PCB 02-48

Economy Mechanical Industries, 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 Lake County facility.

 

7-0

UST Fund

90-Day Ext.

CASES PENDING DECISION

R01-26

In the Matter of: Amendments to Regulation of Petroleum Leaking

Underground Storage Tanks: 35 Ill. Adm. Code 732 – Proposed

Rule, First Notice, Opinion and Order

 

R01-27

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, Subpart H (Schools, Public Parks, and

Playgrounds) – Proposed Rule, First Notice, Opinion and Order

 

R01-28

In the Matter of: Amendments to Livestock Waste Regulations:

35 Ill. Adm. Code 506 – Adopted Rule, Final Order, Opinion and

Order

 

PCB 99-191

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

Company

 

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7

 

ADJOURNMENT

 

Moved and seconded, by a vote of 7-0,

 

Chairman Manning adjourned the meeting at

11:45.a.m.

 

 

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

above minutes were approved this 1st day of November 2001 by a vote of.

 

 

  

  

  

  

  

  

 

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board