ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
SEPTEMBER 20, 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 Flemal who was absent.
APPROVAL OF MINUTES
Minutes of the September 6, 2001 meeting were approved by a vote of 6-0.
ADJUSTED STANDARDS
AS 01-5
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 dismissed petitioner’s request for an adjusted standard
due to continued failure to meet requests for more information.
6-0
Water
AS 01-9
In the Matter of: Petition of Rhodia, Inc. and Thorn Creek Basin
Sanitary District for an Adjusted Standard from 35 Ill. Adm. Code
Section 302.208 and 304.105 – The Board accepted petitioners’
amended petition for an adjusted standard and on its own motion
added Takasago Corporation (U.S.A.) and Consumers Illinois
Water Company as respondents.
6-0
Water
ADMINISTRATIVE CITATIONS
AC 02-2
IEPA v. Dean and Susan Simon d/b/a Berman Auto Parts – No
action taken.
AC 02-5
County of LaSalle v. Mr. and Mrs. Gary Kempiak – The Board
found that these LaSalle 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
.
6-0
AC 02-7
IEPA v. Terry and Latisha Springer – The Board accepted for
hearing this petition for review of an administrative citation against
these Jersey County respondents.
AC 02-8
IEPA v. Terry Baker d/b/a Baker Excavating - The Board accepted
for hearing this petition for review of an administrative citation
against this Franklin County respondent.
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 accepted for hearing this
petition for review of an administrative citation against these
Champaign County respondents.
ADJUDICATORY CASES
Decisions
PCB 00-212
People of the State of Illinois v. Kenneth Morrison - The Board
entered an order finding respondent liable for punitive damages in
the amount of $61,804.04 pursuant to Section 55.3(h) of the
Environmental Protection Act (415 ILCS 5/55.3(h) (2000)). This
order follows the Board's interim order of January 18, 2001, which
granted complainant’s motion for summary judgment for the cost
of corrective action and ordered respondent to reimburse the
Illinois Environmental Protection Agency in the amount of
$30,902.52 for costs incurred in the clean up of accumulated used
and waste tires at a site located at or near Coalville Road, Streator,
Livingston County, Illinois.
6-0
CR-E
2
Provisional Variances
PCB 02-35
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).
6-0
W-V
Motions and Other Matters
PCB 97-191
People of the State of Illinois v. Galva Foundry Company - No
action taken.
RCRA-E
PCB 99-149
Universal Scrap Metals, Inc. v. Flexi-Van Leasing, Inc. – The
Board clarified that the dismissal of this case, granted by Board
order of August 23, 2001, was with prejudice.
6-0
UST-E,
Citizens
PCB 00-82
Jersey Sanitation Corporation v. IEPA – The Board denied
respondent’s motion for reconsideration of the Board’s June 21,
2001 opinion and order, granting petitioner’s motion for summary
judgment.
5-1
Kezelis
dissented
P-A, Land
PCB 00-146
C.C. Dillon Company (Raceway Gas & Food) v. Office of the
State Fire Marshal - No action taken.
UST-FRD
PCB 00-181
MDI Limited Partnership #42 v. Regional Board of Trustees for
Boone and Winnebago Counties, and the Board of Education of
Belvidere District 100 – Respondent Board of Education of
Belvidere District 100’s motion for leave to file and a motion to
withdraw its third party complaint were referred to the hearing
officer for disposition.
UST-E,
Citizens
PCB 00-188
Ozinga Transportation Services v. IEPA – No action taken.
UST-FRD
3
PCB 00-221
James Glasgow, Vickie Glasgow, Bill Hoppe, and Pat Hoppe v.
Granite City Steel – No action taken.
A&N-E,
Citizens
PCB 01-5
People of the State of Illinois v. Roecker Cabinets Incorporation,
d/b/a Roecker Cabinet & Millwork – 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
Tazewell County facility, the Board ordered publication of the
required newspaper notice.
6-0
RCRA-E
PCB 01-138
Larry R. Manns v. IEPA - No action taken.
UST-Appeal
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. - No action taken, as
respondent Waste Management of Illinois, Inc.'s motion to bar
admission of petitioners' public comments will be decided with the
case-in-chief.
P-C-F-S-R
PCB 01-170
Community Landfill Company and City of Morris v. IEPA - The
Board denied respondent’s motion to reconsider its August 23,
2001 order which granted petitioners’ motion for expedited
review.
6-0
P-A, Land
PCB 02-1
People of the State of Illinois v. Stein Steel Mill Services, Inc. –
No action taken.
A-E
PCB 02-4
City of Streator v. IEPA – No action taken.
W-V,
NPDES
PCB 02-10
Rebecca S. Lawrence v. Northpoint Grade School - The Board
found that the alleged violations in the complaint were neither
duplicitous nor frivolous, and accepted for hearing this matter
involving a McLean County facility.
6-0
N-E,
Citizens
4
PCB 02-11
Doris Glave v. Brent and Patty Harris and Winds Chant Kennel,
Inc. – 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.
6-0
N-E,
Citizens
PCB 02-14
Ila M. Neathery and Denise C. Fleck v. Greg and Karen Bouillon
d/b/a Thirsty’s – The Board found that the alleged violations in the
complaint were neither duplicitous nor frivolous, denied
respondents’ motion to dismiss, and accepted for hearing this
matter involving a Sangamon County facility.
6-0
N-E,
Citizens
PCB 02-29
People of the State of Illinois v. Bob Nickel, d/b/a Nickel Agri-
Service – 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
Sangamon County facility, the Board ordered publication of the
required newspaper notice.
6-0
W-E
PCB 02-30
People of the State of Illinois v. Meridian Development
Corporation – No action taken.
W-E
PCB 02-31
Bridgestone/Firestone Off-Road Tire Company v. IEPA – The
Board accepted for hearing this permit appeal involving a McLean
County facility. The Board reserved ruling on the request for stay
of effectiveness until the Illinois Environmental Protection Agency
has the opportunity to address the issue.
6-0
P-A, Air
PCB 02-32
Village of Grayslake v. Winds Chant Kennel – The Board held for
a later duplicitous/frivolous determination this citizen’s noise
enforcement action involving a Lake County facility.
N-E,
Citizens
PCB 02-33
Dynegy Midwest Generation, Inc. (Wood River Power Station) v.
IEPA – The Board granted this request for a 90-day extension of
time to file a permit appeal on behalf of this Madison County
facility.
6-0
P-A, Air
90-Day Ext.
5
PCB 02-34
L. Keller Oil Properties, Inc. (Charleston) v. IEPA – The Board
accepted for hearing this underground storage tank appeal
involving a Coles County facility.
6-0
UST-Appeal
CASES PENDING DECISION
R01-20
In the Matter of: SDWA Update, USEPA Amendments (July 1,
2000, through December 31, 2000; Radionuclides) – Adopted
Rule, Final Order, Opinion and Order
R, PWS
R02-5
In the Matter of: SDWA Update (USEPA Amendments January 1,
2001 through June 30, 2001) – Proposed Rule, Proposal for Public
Comment, Opinion and Order
R, PWS
OTHER ITEMS
OTHER ITEMS
ADOPTION OF PROPOSED CALENDAR YEAR 2002 BOARD MEETING DATES
January
10
July
11
January
24
July
25
February
7
August
8
February
21
August
22
March
7
September
5
March
21
September
19
April
4
October
3
April
18
October
17
May
2
November
7
May
16 November
21
June
6
December
5
June
20 December
19
The Chairman’s motion for adoption of the Calendar Year 2002 Board Meeting Dates was
granted by a vote of 6-0.
6
ADJOURNMENT
Moved and seconded, by a vote of 6-0,
Chairman Manning adjourned the meeting at
11:25 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the
above minutes were approved this 4th day of October 2001 by a vote of 6-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
7
