ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
AUGUST 9, 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 Johnson who was absent.
APPROVAL OF MINUTES
Minutes of the July 26, 2001 meeting were approved by a vote of 5-0. Chairman Manning
abstained.
RULEMAKINGS
R01-25
In the Matter of: Wastewater Pretreatment 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 wastewater
pretreatment regulations.
6-0
R, Water
R01-30
In the Matter of: UIC Corrections, USEPA Amendments (July 1,
1999, through June 30, 2000) – The Board adopted a final opinion
and order in this “identical-in-substance” rulemaking to amend the
Board’s underground injection control regulations. This docket
addresses concerns raised by the United States Environmental
Protection Agency regarding the recently adopted rules in UIC
Update, USEPA Amendments (July 1, 1999, through December
31, 1999) and UIC Update, USEPA Amendments (January 1,
2000, through June 30, 2000) (December 7, 2000), R00-11/R01-1
(consolidated).
6-0
R, Land
ADMINISTRATIVE CITATIONS
AC 01-22
IEPA v. Leroy P. David – In response to a joint stipulation and
settlement agreement in this administrative citation action
involving a Peoria County facility, the Board found respondent
violated Section 21(p)(1) of the Environmental Protection Act
(Act) (415 ILCS 5/21(p)(1) (2000)) and ordered respondent to pay
a civil penalty of $1,500. The Board also granted the parties’ joint
motions to dismiss the alleged violation of Section 21(p)(4) of the
Act (415 ILCS 5/21(p)(4) (2000) and to dismiss respondent’s
petition for review.
6-0
AC 01-26
IEPA v. Jack Busby – The Board granted complainant’s motion for
voluntary dismissal of this administrative citation action involving
a Marion County facility.
6-0
AC 01-44
IEPA v. Charles Haley d/b/a Haley Brothers Construction – The
Board accepted this amended petition for review of an
administrative citation against this Iroquois County respondent.
6-0
AC 02-4
IEPA v. Mound City – The Board accepted an administrative
citation against this Pulaski County respondent.
2
ADJUDICATORY CASES
Decisions
PCB 00-127
People of the State of Illinois v. Dayne Rogers and Black Gold
International - The Board found that these Winnebago County
respondents were liable to the State of Illinois for punitive
damages in the amount of $77,460.92, pursuant to Section 55.3(h)
of the Act (415 ILCS 5/55.3(h) (2000)) in addition to $32, 730.46
in corrective action costs awarded in the Board’s November 2,
2000 interim order.
6-0
L-E, Tires
PCB 00-211
People of the State of Illinois v. Toyal America, Inc. f/k/a Alcan-
Toyo America, Inc. – In this Resource Conservation and Recovery
Act enforcement action concerning a Will 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
stipulation and partial settlement agreement for counts III, IV, V,
VI, and VII of the complainant’s complaint, and imposed a $31,
500 penalty and to cease and desist from further violations. This
matter shall proceed to hearing as to the allegations in Counts I and
II of the complaint.
6-0
RCRA-E
PCB 01-61
People of the State of Illinois v. Roll Service, Inc. – In this air
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 $15,000, and
to cease and desist from further violations.
6-0
A-E
PCB 01-112
Prairie Rivers Network v. IEPA and Black Beauty Coal Company
– The Board affirmed the December 27, 2000 decision of the
Illinois Environmental Protection Agency granting an National
Pollutant Discharge Elimination System permit to this Vermilion
County mining operation.
6-0
P-A,
NPDES,
3rd Party
3
PCB 01-174
People of the State of Illinois v. Lakewood Homes, Inc. – 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) (1998)), accepted a final stipulation and settlement
agreement, ordered the respondent to pay a civil penalty of
$25,000, and to cease and desist from further violations.
Respondent also agreed to pay $35.000 to the Lake County Forest
Preserve District for the purposes specified in the stipulation.
6-0
W-E
Provisional Variances
PCB 02-17
Exelon Generation Company, L.L.C. (Dresden Nuclear Power
Station) v. IEPA – Upon receipt of an Agency recommendation,
the Board granted this facility a 45-day provisional variance,
subject to conditions, from certain thermal effluent discharge
requirements as applicable to the Dresden Nuclear Power Station
in Grundy County. These requirements are set forth in 35 Ill.
Adm. Code 302.211 and 304.141(b) of the Board's water
regulations, National Pollutant Discharge Elimination System
Permit No. IL0002224304 special condition 4C, and in the Board’s
order, In the Matter of: 410 (c) Petition for Dresden Nuclear
Generating Station (July 8, 1981), PCB 79-134.
6-0
W-V
Motions and Other Matters
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt, Inc. – The
Board denied reconsideration of its May 5, 2001 order denying
complainant’s motion for summary judgment. The Board also
denied the petition for oral argument on the motion to reconsider.
6-0
W-E
PCB 98-38
ESG Watts, Inc. (Taylor Ridge Landfill) v. IEPA – The Board
granted petitioner’s motion for voluntary dismissal of this permit
appeal involving a Rock Island County facility.
6-0
P-A, Land
4
PCB 00-50
People of the State of Illinois v. A.E. Staley Manufacturing
Company – 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 Macon
County facility, the Board ordered publication of the required
newspaper notice.
6-0
W-E
PCB 00-92
Stephen M. Lardner v. Dominick’s Finer Foods, Inc., The
Landowner of Longmeadow Commons, Waste Management,
Mundelein Disposal, and BFI – The Board granted complainant’s
motion for voluntary dismissal as to Onyx Waste Services, Inc. and
denied complainant’s motions for voluntary dismissal and
acceptance of stipulation and proposal for settlement as to
Mundelein Disposal, Inc and Waste Management, directing the
hearing officer to contact the parties regarding further proceedings.
6-0
N-E,
Citizens
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 – The Board ordered respondent Board of
Education of Belvidere District 100 to file proof of service of its
proposed third party complaint on the City of Belvidere.
6-0
UST-E,
Citizens
PCB 00-221
James Glasgow, Vickie Glasgow, Bill Hoppe, and Pat Hoppe v.
Granite City Steel – No action taken.
A&N-E,
Citizens
PCB 01-48
PCB 01-49
(Cons.)
Community Landfill Company and City of Morris v. IEPA – The
Board denied petitioners’ motion for stay pending appeal of the
Board’s April 5, 2001 order affirming certain permit conditions.
6-0
P-A, Land
PCB 01-104
People of the State of Illinois v. City of Waukegan – No action
taken.
W-E
PCB 01-130
J.R. & Sons, Inc. v. IEPA – The Board ordered respondent to file
an amended petition no later than August 23, 2001.
6-0
UST-FRD
5
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, Prairie Land Construction, Inc. and Rich
Williams d/b/a C.R. Williams & Associates Architects – Having
received respondent Prairie Land Construction, Inc.’s objection
and request for hearing, the Board denied the July 10, 2001 request
for relief for hearing and ordered this matter to proceed to hearing.
6-0
PWS-E
PCB 01-149
Marathon Ashland Petroleum, L.L.C. 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 Whiteside County facility.
6-0
UST-FRD
PCB 01-155
People of the State of Illinois v. Alloy Engineering & Casting
Company – No action taken.
A-E
PCB 01-169
Gerry Blohm v. Dominick’s Finer Foods – The Board held for a
later duplicitous/frivolous determination this citizen’s noise
enforcement action involving a McHenry County facility.
N-E,
Citizens
PCB 01-173
Cole Taylor Bank under Trust #40323; as Successor Trustee to
Michigan Avenue National Bank of Chicago, under Trust #1904 v.
Rowe Industries, Inc., Successor to Coleman Cable and Wire
Company, and Chapco Carton Company – The Board held for a
later duplicitous/frivolous determination this citizen’s land
enforcement action involving a Cook County facility.
6-0
L-E,
Citizens
PCB 02-4
City of Streator v. IEPA – The Board granted petitioner’s motion
for expedited review and denied respondent’s motion to dismiss,
but ordered the filing of an amended petition within 30 days.
6-0
W-V,
NPDES
PCB 02-9
Express Food & Gas v. IEPA – No action taken.
UST-
Appeal
6
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 02-12
Sensient Flavors, Inc. v. IEPA – The Board granted this request for
a 90-day extension of time to file a permit appeal on behalf of this
Lee County facility.
6-0
P-A,
90-Day Ext.
PCB 02-13
Bahlman Oil Company, Inc. 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 Will County facility.
6-0
UST-FRD
90-Day Ext.
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 02-15
People of the State of Illinois v. Macon County Landfill
Corporation – 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 Macon County facility, the Board ordered publication of the
required newspaper notice.
6-0
W-E
PCB 02-16
City of Chicago Department of Water v. IEPA – No action taken.
PWS-V
7
ADJOURNMENT
Moved and seconded, by a vote of 6-0,
Chairman Manning adjourned the meeting at
11:45 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the
above minutes were approved this 23rd day of August 2001 by a vote of 6-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
8
