ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
SEPTEMBER 6, 2001 SPRINGFIELD OFFICE
600 South Second Street – Suite 403
Hearing Room
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 August 23, 2001 meeting were approved by a vote of 7-0.
RULEMAKINGS
R00-19(C)
In the Matter of: Proposed Amendments to Tiered Approach to
Corrective Action Objectives (TACO) (MTBE): 35 Ill. Adm.
Code 742 - The Board adopted a first notice opinion and order in
this rulemaking which proposes to add methyl tertiary-butyl ether
(MTBE) as a contaminant to be tested for under the TACO
standards.
7-0
R, Land
R01-14
In the Matter of: Proposed MTBE Groundwater Quality Standards
Amendments: 35 Ill. Adm. Code 620 – The Board adopted a first
notice opinion and order in this rulemaking to amend the Board’s
public water supply regulations by adding a groundwater quality
standard for methyl tertiary-butyl ether (MTBE).
7-0
R, PWS
R01-28
In the Matter of: Amendments to Livestock Waste Regulations:
35 Ill. Adm. Code 506 – The Board adopted a second notice
opinion and order in this rulemaking to amend the Board’s
livestock waste regulations.
7-0
R, Land
R01-31
In the Matter of: Provisional Variances from Water Temperature
Standards: Proposed New 35 Ill. Adm. Code 301.109 – The Board
granted the Illinois Environmental Protection Agency’s motion to
withdraw its April 13, 2001 proposal and closed this docket.
7-0
R, Water
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
– No action taken.
Water
ADMINISTRATIVE CITATIONS
AC 02-1
County of Perry v. William Shrum – The Board found that this
Perry County respondent violated Sections 21(p)(1) and (p)(3) of
the Act (415 ILCS 5/21(p)(1), (p)(3) (2000)), and ordered
respondent to pay a civil penalty of $3,000
.
7-0
AC 02-4
IEPA v. Mound City – The Board accepted for hearing this petition
for review of an administrative citation against this Pulaski County
respondent.
7-0
AC 02-6
IEPA v. Larry Beam – The Board accepted an administrative
citation against this Henry County respondent.
ADJUDICATORY CASES
Decisions
PCB 97-234
Antonio D.H. Nam v. Kikon Suh – In this underground storage
tank enforcement action concerning a Cook County facility, the
Board found no violations of Section 21(a) of the Act (415 ILCS
5/21(a) (1996)) or 35 Ill. Adm. Code 732.200 and accordingly
dismissed this matter.
7-0
UST-E,
Citizens
2
PCB 98-148
People of the State of Illinois v. Doren Poland, Lloyd Yoho, and
Briggs Industries, Inc. a/k/a Briggs Plumbing Products, Inc.;
Briggs Industries, Inc., Third-Party Complainant v. Loren West
and Abingdon Salvage Company, Inc., Third-Party Respondents -
In this land enforcement action concerning a Knox County facility,
the Board found that respondents violated Sections 21(a), (d), (e),
and (p)(1) of the Illinois Environmental Protection Act (415 ILCS
5/21(a), (d), (e), (p)(1) (2000)) and Sections 807.201, 807.202(a),
and 812.101 of the Board’s waste disposal regulations (35 Ill.
Adm. Code 807.201, 807.202(a), 812.101). The Board found in
favor of respondents for the other alleged violations. Finally, the
Board ordered that further hearings will be held on the appropriate
relief.
7-0
L-E
PCB 00-4
People of the State of Illinois v. American Wood Recycling, Inc. –
In this land enforcement action concerning a Cook 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
$4,000, and to cease and desist from further violations.
7-0
L-E
PCB 00-50
People of the State of Illinois v. A.E. Staley Manufacturing
Company – In this water enforcement action concerning a Macon
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 $35,000, and to cease and desist from
further violations.
7-0
W-E
PCB 00-90
Roger L. Young and Romana K. Young v. Gilster-Mary Lee
Corporation - In this citizens’ noise enforcement action concerning
a Randolph County facility, the Board found that respondent
violated Section 24 of the Illinois Environmental Protection Act
(415 ILCS 5/24 (2000)) and 35 Ill. Adm. Code 900.102.
5-2
Flemal and
Johnson
dissented
N-E,
Citizens
3
PCB 01-44
People of the State of Illinois v. Ratliff Brothers and Co., Inc. – In
this land and water enforcement action concerning a Henry 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 $10,000, and to cease and desist from further violations.
7-0
L&W-E
PCB 02-15
People of the State of Illinois v. Macon County Landfill
Corporation – In this water enforcement action concerning a
Macon 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 $75,000, and to cease and desist from
further violations.
7-0
W-E
Provisional Variances
PCB 02-28
Midwest Generation EME, LLC, v. IEPA – Upon receipt of an
Illinois Environmental Protection Agency recommendation, the
Board granted this Will County facility a 45-day provisional
variance, subject to conditions, from the effluent limits set forth in
35 Ill. Adm. Code 304.124(a).
7-0
W-V
Motions and Other Matters
PCB 00-82
Jersey Sanitation Corporation v. IEPA – No action taken.
P-A, Land
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 – No action taken.
UST-E,
Citizens
PCB 00-188
Ozinga Transportation Services v. IEPA – No action taken.
UST-FRD
4
PCB 00-221
James Glasgow, Vickie Glasgow, Bill Hoppe, and Pat Hoppe v.
Granite City Steel – No action taken.
A&N-E,
Citizens
PCB 01-130
JR & Sons, Inc. v. IEPA – No action taken.
UST-FRD
PCB 01-140
Nelson Westerberg, Inc. v. Office of the State Fire Marshal – The
Board deferred ruling on the pending motions for summary
judgment and directed respondent to articulate within 14 days why
the two reasons stated in its March 6, 2001 denial letter are proper
bases for denying eligibility.
5-2
Girard and
Johnson
dissented
UST-
Appeal
PCB 01-144
People of the State of Illinois v. City of Pana, Housing Authority
of Christian County, PrairieLand Construction, Inc., and Rich
Williams d/b/a C.R. Williams & Associates Architects – The
Board granted respondent PrairieLand Construction, Inc.’s motion
for leave to file an amended answer.
7-0
PWS-E
PCB 01-155
People of the State of Illinois v. Alloy Engineering & Casting
Company – The Board denied the motion to intervene filed by
Heather J. Livengood,
et al
.
7-0
A-E
PCB 01-158
Johnson Oil Company v. IEPA – The Board accepted for hearing
this permit appeal involving a Livingston County facility.
7-0
UST-FRD
PCB 01-160
U.S. Army Corps of Engineers 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.
7-0
UST-
Appeal
PCB 01-162
Village of Bensenville 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 DuPage County facility.
7-0
UST-FRD
5
PCB 01-163
Village of Mount Prospect 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.
7-0
UST-FRD
PCB 01-164
White Owl Truck 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 Coles County facility.
7-0
UST-FRD
PCB 01-170
Community Landfill Company and City of Morris v. IEPA - No
action taken.
P-A, Land
PCB 02-1
People of the State of Illinois v. Stein Steel Mill Services, Inc. –
No action taken.
A-E
PCB 02-10
Rebecca S. Lawrence v. Northpoint Grade School - The Board
held for a later duplicitous/frivolous determination this citizen’s
noise enforcement action involving a McLean County facility.
N-E,
Citizens
PCB 02-11
Doris Glave v. Brent and Patty Harris – The Board held for a later
duplicitous/frivolous determination this citizen’s noise
enforcement action involving a Lake County facility.
N-E,
Citizens
PCB 02-14
Ila M. Neathery and Denise C. Fleck v. Greg and Karen Bouillon
d/b/a Thirsty’s – The Board held for a later duplicitous/frivolous
determination this citizens’ noise enforcement action involving a
Sangamon County facility.
N-E,
Citizens
PCB 02-20
City of Charleston v. IEPA – The Board accepted for hearing this
request for variance involving a Coles County facility.
7-0
PWS-V
PCB 02-23
Dean Foods Company v. IEPA – The Board accepted for hearing
this permit appeal involving a Cook County facility.
7-0
P-A, Air
6
PCB 02-24
St. Joseph Oil Company v. IEPA – The Board granted this request
for a 90-day extension of time to file a underground storage tank
appeal on behalf of this Cook County facility.
7-0
UST-FRD
90-Day Ext.
PCB 02-25
Marconi Data Systems, Inc. and Marconi, Inc. v. IEPA – The
Board accepted for hearing this underground storage tank appeal
involving a Cook County facility.
7-0
UST-FRD
PCB 02-26
People of the State of Illinois v. Pritzker Realty Group, L.P. and
PDA CORP. – 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 Lake County facility, the Board ordered publication of the
required newspaper notice.
7-0
W-E
PCB 02-27
Rezmar Corporation v. IEPA – The Board granted this request for
a 90-day extension of time to file a underground storage tank
appeal on behalf of this Cook County facility.
6-0
Melas
abstained
UST-FRD
90-Day Ext.
OTHER ITEMS
No action taken.
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
7
May
16 November
21
June
6
December
5
June
20 December
19
Adjournment
Moved and seconded, by a vote of 7-0, Chairman Manning adjourned the meeting at
11:40 a.m. to an Executive Session.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the
above minutes were approved this 20th day of September 2001 by a vote of 6-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
8
