ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
AUGUST 23, 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 August 9, 2001 meeting were approved by a vote of 6-0. Board Member Johnson
abstained.
RULEMAKINGS
R02-2
In the Matter of: UST Update, USEPA Regulations (January 1,
2001 through June 30, 2001) – The Board dismissed this reserved
identical-in-substance docket because the United States
Environmental Protection Agency did not amend its underground
storage tank regulations during the update period.
7-0
R, Land
R02-4
In the Matter of: Exemptions from the Definition of VOM Update,
USEPA Regulations (January 1, 2001, through June 30, 2001) –
The Board dismissed this reserved identical-in-substance docket
because the United States Environmental Protection Agency did
not amend its exemptions from the definition of volatile organic
material regulations during the update period.
7-0
R, Air
R02-6
In the Matter of: UIC Update, USEPA Regulations (January 1,
2001, through June 30, 2001) – The Board dismissed this reserved
identical-in-substance docket because the United States
Environmental Protection Agency did not amend its exemptions
from the definition of underground injection control regulations
during the update period.
7-0
R, Land
R02-7
In the Matter of: RCRA Subtitle D Update, USEPA Regulations
(January 1, 2001, through June 30, 2001) – The Board dismissed
this reserved identical-in-substance docket because the United
States Environmental Protection Agency did not amend its non-
hazardous waste regulations during the update period.
7-0
R, Land
R02-8
In the Matter of: Enhanced Vehicle Inspection and Maintenance
(I/M) Regulations: Amendments to 35 Ill. Adm. Code Part
240.191 – 240.193 – The Board accepted the Illinois
Environmental Protection Agency’s August 20, 2001 proposal to
amend the Board’s air pollution control regulations as required
under the Vehicle Code . The Board adopted a proposal for public
comment, noting that the rules must be adopted 120-days from the
filing of the proposal.
7-0
R, Air
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 02-2
IEPA v. Dean and Susan Simon d/b/a Berman Auto Parts – The
Board accepted for hearing this petition for review of an
administrative citation against these Boone County respondents.
No action was taken on respondents motion to stay administrative
proceedings.
7-0
AC 02-3
IEPA v. Marvin Hammack and Doris Baker – The Board accepted
for hearing this petition for review of an administrative citation
against these Boone County respondents.
7-0
2
AC 02-5
County of LaSalle v. Mr. And Mrs. Gary Kempiak – The Board
accepted this petition for review of an administrative citation
against these LaSalle County respondents.
ADJUDICATORY CASES
Provisional Variances
PCB 02-22
Village of Gridley v. IEPA – Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board
granted this McLean County facility a 45-day provisional variance,
subject to conditions, from the effluent limits set forth in 35 Ill.
Adm. Code 304.120(b) and 304.141(a).
7-0
W-V
Motions and Other Matters
PCB 96-31
Central Illinois Public Service Company v. IEPA – The Board
granted petitioner’s motion for voluntary dismissal of this permit
appeal involving a Crawford County facility.
7-0
P-A,
NPDES
PCB 97-193
People of the State of Illinois v. Community Landfill Company,
Inc. – The Board granted the parties’ joint motion for clarification
of its July 26, 2001 Board order, by stating that respondent’s cross
motion for summary judgment with respect to count 12 was
granted.
7-0
L-E
PCB 99-149
Universal Scrap Metals, Inc. v. Flexi-Van Leasing, Inc. – The
Board granted complainant’s motion for voluntary dismissal of this
citizen enforcement action involving a Cook County facility.
7-0
UST-E,
Citizens
PCB 00-82
Jersey Sanitation Corporation v. IEPA – No action taken.
P-A, Land
3
PCB 00-176
People of the State of Illinois v. Benton & Associates, Inc. and
Petersburg Plumbing and Heating – 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.
7-0
PWS-E
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
PCB 00-221
James Glasgow, Vickie Glasgow, Bill Hoppe, and Pat Hoppe v.
Granite City Steel – No action taken.
A&N-E,
Citizens
PCB 01-104
People of the State of Illinois v. City of Waukegan – The Board
denied complainant’s motion for summary judgment in Count III
only with respect to 35 Ill. Adm. Code 306.305(c) of the Board’s
regulations. The Board granted complainant’s motion for
summary judgment with respect to Sections 12(a), 12(c), and 12(f)
of the Environmental Protection Act (415 ILCS 5/12(a), 12(c),
12(f) (2000)) and 35 Ill. Adm. Code
304.141(b), 306.102(a),
306.304, 309.102(a) of the Board’s regulations.
7-0
W-E
PCB 01-105
Pete’s Marathon 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 Marion
County facility.
7-0
UST-FRD
PCB 01-140
Nelson Westerberg, Inc. v. Office of the State Fire Marshal – No
action taken.
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 and Associates Architects – The
Board granted the motion by respondent’s attorney Gerald M.
Dunne to withdraw as attorney for Prairie Land Construction., Inc.
7-0
PWS-E
4
PCB 01-152
Johnson Oil Company 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 Kankakee County facility.
7-0
UST-FRD
PCB 01-155
People of the State of Illinois v. Alloy Engineering & Casting
Company – No action taken.
A-E
PCB 01-157
LaSalle Bank, N.A. 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 01-169
Gerry Blohm v. Dominick’s Finer Foods – 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.
7-0
N-E,
Citizens
PCB 01-170
Community Landfill Company and City of Morris v. IEPA – The
Board accepted for hearing this permit appeal involving a Grundy
County facility and granted petitioner’s motion for expedited
review.
7-0
P-A, Land
PCB 02-1
People of the State of Illinois v. Stein Steel Mill Services, Inc. –
The Board granted complainant’s request to file an amended
complaint, but reserved ruling on respondent’s motion to dismiss
until after complainant has filed the amended complaint.
7-0
A-E
PCB 02-9
Mahanbir Dhillon d/b/a Express Food & Gas v. IEPA – The Board
accepted petitioner’s amended petition for review in this
underground storage tank appeal involving a Cook County facility.
7-0
UST-
Appeal
PCB 02-10
Rebecca S. Lawrence v. Northpoint Grade School – The Board
granted respondent’s request for an extension of time to file a
response. The Board also instructed respondent to retain an
attorney prior to filing its response to the complaint in this matter
7-0
N-E,
Citizens
5
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 citizen’s noise enforcement action involving a
Sangamon County facility.
N-E,
Citizens
PCB 02-16
City of Chicago Department of Water v. IEPA – No action taken.
PWS-V
PCB 02-18
People of the State of Illinois v. Williamsburg Place of Crete, Inc.
– The Board accepted for hearing this water enforcement matter
involving a Will County facility.
7-0
W-E
PCB 02-19
ChemRex, Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Cook County facility.
7-0
UST-
Appeal
PCB 02-20
City of Charleston v. IEPA – No action taken.
PWS-V
PCB 02-21
People of the State of Illinois v. J&F Hauling, Inc. – The Board
accepted for hearing this Resource Conservation and Recovery Act
enforcement action involving a Cook County facility.
7-0
RCRA-E
CASES PENDING DECISION
PCB 97-234
Antonio D.H. Nam v. Kikon Suh
Manning
UST-E,
Citizens
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
Kezelis
L-E
6
PCB 00-90
Roger L. Young and Romana K. Young v. Gilster-Mary Lee
Corporation
Girard
N-E,
Citizens
ADJOURNMENT
Moved and seconded, by a vote of 7-0,
Chairm
an Manning adjourned the meeting at
11:40 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the
above minutes were approved this 6th day of September 2001 by a vote of 7-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
7
