1. In the Matter of: SDWA Update, USEPA Amendments
    2. In the Matter of: Wastewater Pretreatment Update
    3. In the Matter of: SDWA Update, USEPA Amendments
    4. Bridgestone/Firestone Off-Road Tire Company v. IE

 
 
 
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
October 4, 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 and all Board Members answered present.
 
APPROVAL OF MINUTES
Minutes of the September 20, 2001 meeting were approved by a vote of 6-0. Board Member
Flemal abstained.
 
RULEMAKINGS
R01-20
In the Matter of: SDWA Update, USEPA Amendments (July 1,
2000, through December 31, 2000) – The Board adopted a final
opinion and order in this “identical-in-substance” rulemaking to
amend the Board’s public water supply regulations.
 
7-0
R, PWS
R02-3
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (January 1, 2001, through June 30, 2001) – The
Board adopted a proposal for public comment in this “identical-in-
substance” rulemaking to amend the Board’s wastewater
pretreatment regulations.
 
7-0
R, Water

 
R02-5
In the Matter of: SDWA Update, USEPA Amendments (January
1, 2001, through June 30, 2001) – The Board adopted a proposal
for public comment in this “identical-in-substance” rulemaking to
amend the Board’s public water supply regulations.
 
7-0
R, PWS
ADMINISTRATIVE CITATIONS
AC 00-28
County of Sangamon v. William Maulding and Carolyn Maulding
– The Board granted complainant’s motion for voluntary dismissal
of this administrative citation involving a Sangamon County
facility.
 
7-0
AC 01-16)
AC 01-17)
Cons.
County of Sangamon v. Everett Daily – No action taken.
 
AC 01-38
County of Macon v. Macon County Landfill – The Board
dismissed this action 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
AC 02-2
IEPA v. Nordean and Susan Simons d/b/a Berman Auto Parts –
The Board denied respondent’s motion to stay administrative
citation proceedings and ordered this matter to proceed to hearing.
 
7-0
AC 02-6
IEPA v. Larry Beam – The Board found that this Henry 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 02-10
County of Sangamon v. Trust TR-98-202, Mark K. Vincent,
Trustee and Frank Reynolds – The Board accepted an
administrative citation against these Sangamon County
respondents.
 
AC 02-11
County of LaSalle v. Dave Eiben – The Board accepted an
administrative citation against this LaSalle County respondent.
 
 
2

AC 02-12
Ogle County v. Gerald A. Martin d/b/a Martin & Co. Excavating,
and Kenneth E. Sheely – The Board accepted an administrative
citation against these Ogle County respondents.
 
ADJUDICATORY CASES
Decisions
PCB 00-176
People of the State of Illinois v. 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 for the Benton & Associates,
Inc. (Benton) only, ordered Benton to pay a civil penalty of $7,500,
and to cease and desist from further violations. The parties filed a
proposed stipulation and settlement agreement and an agreed
motion to request relief from the hearing requirement as to the
remaining respondent, Petersburg Plumbing and Heating, the
Board ordered publication of the required newspaper notice.
 
7-0
W-E
PCB 01-11
People of the State of Illinois v. Reichhold, Inc. – The Board
granted the parties’ motion to amend the stipulation and proposal
for settlement accepted by order of August 24, 2000 and
incorporated by reference the stipulations and proposed settlements
as (1) accepted in the Board’s order of August 24, 2000, and (2) as
contained in the parties’ May 22, 2001 motion to amend.
 
7-0
A-E
PCB 02-26
People of the State of Illinois v. Pritzker Realty Group, L.P. and
PDA Corp. – In this water enforcement action concerning a Lake
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
W-E
Provisional Variances
 
 
3

PCB 02-43
Berlin Industries v. IEPA – Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board
granted this DuPage County facility a 45-day provisional variance,
subject to conditions, from the air pollution control requirements
set forth in 35 Ill Adm. Code 218.407(a)(1)(C), 218.407(a)(1)(E),
and Part 203 and Conditions 7.1.3(f)(i)(C), 7.1.3(f)(i)(E), and
7.1.6(a) of petitioner’s Clean Air Act Permit Program (CAAPP).
 
7-0
A-V
Motions and Other Matters
 
PCB 97-191
People of the State of Illinois v. Galva Foundry Company - The
Board granted complainant’s motion for voluntary dismissal of
this Resource Conservation and Recovery Act enforcement action
involving a Henry County facility.
 
7-0
RCRA-E
PCB 00-122
People of the State of Illinois v. City of Lawrenceville – Upon
receipt of a proposed stipulation and settlement agreement and an
agreed motion to request relief from the hearing requirement in this
public water supply enforcement action involving a Lawrence
County facility, the Board ordered publication of the required
newspaper notice.
 
7-0
PWS-E
PCB 00-146
C.C. Dillon Company (Raceway Gas & Food) v. Office of the
State Fire Marshal - No action taken.
 
UST-FRD
PCB 00-188
Ozinga Transportation Services v. IEPA – No action taken.
 
UST-FRD
PCB 01-21
Michael E. Mellon and Rebecca J. Mellon v. Illinois Department of
Transportation – No action taken.
 
A&N-E,
Citizens
PCB 01-76
People of the State of Illinois v. John Crane, 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 Cook County facility, the Board
ordered publication of the required newspaper notice.
 
7-0
A-E
 
4

 
PCB 01-138
Larry R. Manns v. IEPA – The Board granted petitioner’s motion
for voluntary dismissal of this underground storage tank appeal
involving a Madison County facility.
 
7-0
UST-
Appeal
PCB 01-172
CCL Custom Manufacturing, Inc. v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this permit appeal
involving a Vermilion County facility.
 
7-0
P-A, Water
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 – The Board granted the Illinois
Environmental Protection Agency’s motion to withdraw and
substitution of counsel and for extension of time to file
recommendation.
 
7-0
W-V,
NPDES
PCB 02-30
People of the State of Illinois v. Meridian Development
Corporation – The Board accepted for hearing this water
enforcement action involving a Lake County facility.
 
7-0
W-E
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 held for
a later duplicitous/frivolous determination this citizen’s noise
enforcement action involving a Lake County facility.
 
N-E,
Citizens
PCB 02-36
People of the State of Illinois v. City of Golconda, Brown,
Roffman & Roberts, Inc., and Forby Excavating, Inc. – The Board
accepted for hearing this public water supply enforcement action
involving a Pope County facility.
 
7-0
PWS-E
 
5

PCB 02-37
People of the State of Illinois v. Crop Production Services, Inc.,
AEH Construction, Inc., and Gunther Construction Company –
Upon receipt of a proposed stipulation and settlement agreement
and an agreed motion to request relief from the hearing
requirement in this land enforcement action involving a Knox
County facility, the Board ordered publication of the required
newspaper notice.
 
7-0
L-E
PCB 02-38
Mecalux Illinois, 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 02-39
Forest Preserve District of Cook County 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.
 
7-0
UST-
Appeal
90-Day Ext.
PCB 02-40
Village of Round Lake Park v. IEPA The Board granted
petitioner’s motion for leave to file exhibit “A” to petition for
variance at a later date.
 
7-0
W-V
PCB 02-41
Milton C. and Virginia L. Kamholz v. Lawrence and Mariane
Sporleder – The Board held for a later duplicitous/frivolous
determination this citizen’s air and noise enforcement action
involving a McHenry County facility.
 
A&N-E,
Citizens
PCB 02-42
City of Canton v. IEPA – No action taken.
 
PWS-V
CASES PENDING DECISION
PCB 99-191
People of the State of Illinois v. Panhandle Eastern Pipe Line
Company
 
Manning
A-E
PCB 01-159
American Bottom Conservancy, East St. Louis Community Action
Network, Kathy Andria and Jack Norman v. Village of Fairmont
City and Waste Mangement of Illinois, Inc. (due 10/19)
 
Lawton
P-C-F-S-R
 
6

OTHER ITEMS
 
 
ADJOURNMENT
 
Moved and seconded, by a vote of 7-0,
 
Chairman Manning adjourned the meeting at
11:30 a.m.
 
 
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the
above minutes were approved this 18th day of October 2001 by a vote of 7-0.
 
 
  
  
  
  
  
  
 
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
 
 
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