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 
 
 
 7