DRAFT ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
JULY 26, 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, Board Member Flemal welcomed members of the public and
staff to the meeting, noted that Chairman Manning would not be attending the meeting. He also
announced that this was Attorney Assistant Bobb Beauchamp last Board meeting, thanked him
for his valuable contributions to the Board and wished him good luck in his future endeavors.
ROLL CALL
The Clerk of the Board called the roll. All Board Members answered present except for
Chairman Manning who was absent.
APPROVAL OF MINUTES
Minutes of the July 12, 2001 meeting were approved by a vote of 4-0. Members Flemal and
Melas abstained.
RULEMAKINGS
R00-17
In the Matter of: Proposed Regulated Recharge Area for Pleasant
Valley Public Water District, Proposed Amendments to 35 Ill.
Adm. Code Part 617 – The Board adopted a final opinion and order
in this rulemaking to amend the Board’s public water supply
regulations to establish the first regulated recharge area under
section 17.3 of the Act (415 ILCS 5/17.3 (2000)).
6-0
R, PWS
R00-19(B)
In the Matter of: Proposed Amendments to Tiered Approach to
Corrective Action Objectives (TACO): 35 Ill. Adm. Code 742 –
The Board adopted a final opinion and order in this matter to
amend the standards for tiered approach to corrective action
objectives (35 Ill. Adm. Code 742).
6-0
R, Land
ADJUSTED STANDARDS
AS 01-9
In the Matter of: Petition of Rhodia, Inc. and Thorn Creek Basin
Sanitary District for an Adjusted Standard from 35 Ill. Adm. Code
302.208 and 304.105 – The Board found the petition deficient in
this request for an adjusted standard involving a Cook County
facility, and ordered petitioner to file an amended petition to cure
deficiencies no later than September 14, 2001, or the petition
would be subject to dismissal.
6-0
Water
AS 01-10
In the Matter of: Petition of Dixon Marquette Cement Company
for an Adjusted Standard from 35 Ill. Adm. Code Parts 811 & 814
– The Board granted parties a motion for leave to file a response
instanter
and for extension of time to file a reply to the response.
6-0
Land
ADMINISTRATIVE CITATIONS
AC 00-84
IEPA v. James Day – The Board entered an interim opinion and
order finding respondent violated Sections 21(p)(1) and (p)(3) of
the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3)
(2000)) and assessing a penalty of $3,000. The Board ordered the
Clerk of the Board and the Environmental Protection Agency to
file within 14 days a statement of hearing costs, supported by
affidavit, with service on respondent.
6-0
AC 02-1
County of Perry v. William Shrum – The Board accepted this
petition for review of an administrative citation against this Perry
County respondent.
AC 02-2
IEPA v. Dean and Susan Simon d/b/a Berman Auto Parts – The
Board accepted this petition for review of an administrative
citation against these Boone County respondents.
2
AC 02-3
IEPA v. Marvin Hammack and Doris Baker – The Board accepted
this petition for review of an administrative citation against these
Schuyler County respondents.
ADJUDICATORY CASES
Decisions
PCB 98-166
People of the State of Illinois v. Bruszkeiwicz Auto Rebuilders,
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 $20,000, and to cease and desist from further violations.
6-0
L-E
PCB 01-120
Plexus Scientific Corporation v. IEPA – The Board issued a
supplemental opinion and order to its July 12, 2001 opinion and
order in this matter. The previous order granted petitioner a
variance from 35 Ill. Adm. Code 237.102, subject to conditions, to
allow it to conduct open burning/flashing to decontaminate
explosive material on buildings and process equipment and clear
vegetation at the Load/Assembly/Package area, and potentially the
Manufacturing area of the Joliet Army Ammunition Plant site in
Will County, Illinois.
5-0
Lawton
abstained
A-V
Motions and Other Matters
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt, Inc. – No
action taken.
W-E
PCB 97-193
People of the Sate of Illinois v. Community Landfill Company,
Inc. – The Board granted in part and denied it in part respondent’s
motion for reconsideration. This matter was ordered to proceed to
hearing regarding all other outstanding issues.
L-E
3
PCB 00-4
People of the State of Illinois v. American Wood Recycling, Inc. –
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 Cook
County facility, the Board ordered publication of the required
newspaper notice. The Board granted complainant’s motion to
dismiss Steve Berglund as party in this matter.
6-0
L-E
PCB 00-92
Stephen M. Lardner v. Dominick’s Finer Foods, Inc., The
Landowner of Longmeadow Commons, Waste Management,
Mundelein Disposal, and BFI – No action taken.
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 – No action taken.
UST-E,
Citizens
PCB 01-48
PCB 01-49
(Cons.)
Community Landfill Company and City of Morris v. IEPA – No
action taken.
P-A, Land
PCB 01-104
People of the State of Illinois v. City of Waukegan – No action
taken.
W-E
PCB 01-128
B.L.T., Inc. v. Sixth Street Developers Limited Partnership, ORF,
Inc., Roland Industries, VT Properties, Inc. and Freesen, Inc. – The
Board granted respondents Freesen, Inc.’ and Sixth Street
Developers Limited Partnership’s motions to file a counter-
complaint against complainant B.L.T., Inc. and to file a file third-
party complaint against Fiat Allis. The Board denied respondent
Freesen Inc.’s motion to add Anderson Excavating and Wrecking
Company as a respondent.
5-0
Kezelis
abstained
L-E,
Citizens
PCB 01-129
Mac Investments d/b/a Olympic Oldsmobile v. Office of the State
Fire Marshal – The Board granted respondent’s motion to file the
record of decision instanter.
6-0
UST-
Appeal
4
PCB 01-140
Nelson Westerberg, Inc. v. Office of the State Fire Marshal – No
action taken.
UST-
Appeal
PCB 01-141
Limits 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 Cook
County facility.
6-0
UST-FRD
PCB 01-143
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 Jefferson County facility.
6-0
UST-FRD
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 – 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 Christian
County facility, the Board ordered publication of the required
newspaper notice.
6-0
PWS-E
PCB 01-145
W.K. Developers v. Office of the State Fire Marshal – The Board
dismissed this matter for failure to file an amended petition by June
7, 2001.
6-0
UST-
Appeal
PCB 01-150
People of the State of Illinois v. Marc Development Corporation
and Silver Glen Estates Homeowners’ Association – the Board
granted complainant’s motion to strike respondent Silver Glen
Estates Homeowners’ Association’s affirmative defense and
ordered this matter to proceed to hearing.
6-0
W-E
PCB 01-155
People of the State of Illinois v. Alloy Engineering & Casting
Company – No action taken.
A-E
5
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.
L-E,
Citizens
PCB 02-3
People of the State of Illinois v. Texaco Refining & Marketing,
Inc. – The Board accepted for hearing this land and water
enforcement matter involving a Will County facility.
6-0
L&W, E
PCB 02-4
City of Streator, Illinois v. IEPA – No action taken.
W-V,
NPDES
PCB 02-5
People of the State of Illinois v. Environmental Management &
Abatement, Inc. and Danny G. Kohrdt Individually and as
President of Environmental Management & Abatement, Inc. – The
Board accepted for hearing this land enforcement matter involving
a Will County facility.
6-0
L-E
PCB 02-6
Gould Electronics Inc. v. IEPA – The Board accepted for hearing
this permit appeal involving a Stephenson County facility.
6-0
P-A, Land
PCB 02-7
Petro Plus, Inc. f/k/a Gas Stop 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
UST-
Appeal
90-Day Ext.
PCB 02-8
People of the State of Illinois v. Royster-Clark, Inc. – The Board
accepted for hearing this water enforcement matter involving a
LaSalle County facility.
6-0
W-E,
NPDES
6
CASES PENDING DECISION
PCB 01-112
Prairie Rivers Network v. IEPA and Black Beauty Coal Company
(due 8/10)
P-A,
NPDES,
3rd Party
ADJOURNMENT
Moved and seconded, by a vote of 6-0
,
Board Member Flemal 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 26th day of July 2001 by a vote of.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
7
