1. In the Matter of: Petition of Amerock Corporatio
    2. In the Matter of: RCRA Subtitle C Update, USEPA
    3. In the Matter of: UST Update, USEPA Amendments
    4. In the Matter of: Wastewater Pretreatment Update
    5. In the Matter of: Definition of VOM Update, USEP
    6. In the Matter of: SDWA Update, USEPA Amendments
    7. In the Matter of: UIC Update, USEPA Amendments
    8. In the Matter of: RCRA Subtitle D Update, USEPA

 
 
 
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
JULY 12, 2001, CHICAGO OFFICE
100 W. RANDOLPH STREET
CONFERENCE ROOM 9-040
11:00 A.M.
 
ANNOUNCEMENTS
After calling the meeting to order, Chairman Manning welcomed members of the public and
staff to the meeting, Chairman Manning then introduced recently appointed Board Member
Thomas E. Johnson, and noted that Member Johnson would be voting only on PCB 00-120,
Plexus Scientific Corporation v. IEPA.
 
 
ROLL CALL
The Clerk of the Board called the roll. All Board Members answered present except for Board
Members Flemal and Melas who were absent.
 
APPROVAL OF MINUTES
Minutes of the June 21, 2001 meeting were approved by a vote of 4-0. Member Johnson
abstained.
 
RULEMAKINGS
R01-15
In the Matter of: Petition of Amerock Corporation, Rockford
Facility, for Site-Specific Rulemaking Petition for Amendment to
35 Ill. Adm. Code 304.303 – The Board granted petitioner’s
motion for extension of time in which to file a second amended
petition.
 
4-0
Johnson
abstained
R, Water,
Site-
Specific
R02-1
In the Matter of: RCRA Subtitle C Update, USEPA Amendments
(January 1, 2001, through June 30, 2001) – The Board reserved
this docket for a routine identical-in-substance update. The update
includes any federal amendments which occurred during the period
of January 1, 2001, through June 30, 2001.
 
R, Land

 
R02-2
In the Matter of: UST Update, USEPA Amendments (January 1,
2001, through June 30, 2001) – The Board reserved this docket for
a routine identical-in-substance update. The update includes any
federal amendments which occurred during the period of January
1, 2001, through June 30, 2001.
 
R, Land
R02-3
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (January 1, 2001, through June 30, 2001) – The
Board reserved this docket for a routine identical-in-substance
update. The update includes any federal amendments which
occurred during the period of January 1, 2001, through June 30,
2001.
 
R, Water
R02-4
In the Matter of: Definition of VOM Update, USEPA
Amendments (January 1, 2001, through June 30, 2001) – The
Board reserved this docket for a routine identical-in-substance
update. The update includes any federal amendments which
occurred during the period of January 1, 2001, through June 30,
2001.
 
R, Air
R02-5
In the Matter of: SDWA Update, USEPA Amendments (January
1, 2001, through June 30, 2001) – The Board reserved this docket
for a routine identical-in-substance update. The update includes
any federal amendments which occurred during the period of
January 1, 2001, through June 30, 2001.
 
R, PWS
R02-6
In the Matter of: UIC Update, USEPA Amendments (January 1,
2001, through June 30, 2001) – The Board reserved this docket for
a routine identical-in-substance update. The update includes any
federal amendments which occurred during the period of January
1, 2001, through June 30, 2001.
 
R, Land
R02-7
In the Matter of: RCRA Subtitle D Update, USEPA Amendments
(January 1, 2001, through June 30, 2001) – The Board reserved
this docket for a routine identical-in-substance update. The update
includes any federal amendments which occurred during the period
of January 1, 2001, through June 30, 2001.
 
R, Land
 
2

ADJUSTED STANDARDS
AS 01-2
In the Matter of: Petition of the City of Geneva for an Adjusted
Standard from 35 Ill. Adm. Code 807.104 – The Board denied
petitioner’s motion to reconsider the Board’s May 17, 2001 order
in this matter.
 
4-0
Johnson
abstained
Land
ADMINISTRATIVE CITATIONS
AC 01-35
IEPA v. Jody Short and Lorrie Spriggs – The Board granted
complainant’s motion to withdraw the administrative citation
against respondent Short only. The Board found that respondent
Spriggs 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
.
 
 
4-0
Johnson
abstained
ADJUDICATORY CASES
Decisions
PCB 01-3
People of the State of Illinois v. Benton & Associates, Inc., and
R&G Construction – In this public water supply enforcement
action concerning a Scott 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 Benton & Associates, Inc (Benton) only,
ordered Benton to pay a civil penalty of $12,000, and to cease and
desist from further violations. This matter shall proceed to hearing
as to the remaining respondent.
 
4-0
Johnson
abstained
PWS-E
PCB 01-120
Plexus Scientific Corporation v. IEPA – The Board 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
 
4-0
Lawton
abstained
A-V, Open
Burning
 
3

PCB 01-165
People of the State of Illinois v. Village of Rantoul and Textron
Automotive Exteriors, Inc. – In this public water supply
enforcement action concerning a Champaign 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
$18,000, and to cease and desist from further violations.
 
4-0
Johnson
abstained
PWS-E
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. – No action taken.
 
L-E
PCB 98-63
Exolon-ESK Company v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this permit appeal involving a
Putnam County facility.
 
4-0
Johnson
abstained
P-A, Water
PCB 98-166
People of the State of Illinois v. Brzuszkeiwicz Auto Rebuilders,
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.
 
4-0
Johnson
abstained
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 00-148
Wayne and Sonja Hall v. Richard L. Miller and Mary J. Miller
d/b/a R&M Metals – No action taken.
 
N-E,
Citizens
 
4

PCB 00-211
People of the State of Illinois v. Toyal America, Inc. f/k/a Alcan-
Toyal America, Inc. – Upon receipt of a proposed stipulation and
partial settlement agreement and an agreed motion to request relief
from the hearing requirement in this land enforcement action
involving a Will County facility, the Board ordered publication of
the required newspaper notice.
 
4-0
Johnson
abstained
RCRA-E
PCB 01-4
Naperville Radiator Services v. IEPA – The Board grantedthe
parties’ motion for voluntary dismissal of this underground storage
tank appeal involving a DuPage County facility.
 
4-0
Johnson
abstained
UST-FRD
PCB 01-61
People of the State of Illinois v. Roll Service, 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.
 
4-0
Johnson
abstained
A-E
PCB 01-128
B.L.T., Inc. v. Sixth Street Developers Limited Partnership, ORF,
Inc., Roland Industries, VT Properties, Inc. and Freesen, Inc. – No
action taken.
 
Girard
L-E,
Citizens
PCB 01-129
Mac Investments d/b/a Olympic Oldsmobile v. Office of the State
Fire Marshal – No action taken.
 
Manning
UST-
Appeal
PCB 01-130
J.R. & Sons, Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Champaign County
facility.
 
4-0
Johnson
abstained
UST-FRD
PCB 01-131
Wareco Service, Inc. 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 Morgan County facility.
 
4-0
Johnson
abstained
UST-FRD
 
5

PCB 01-132
Pecora Reality 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.
 
 
4-0
Johnson
abstained
UST-
Appeal
PCB 01-139
ESG Watts, Inc. (Sangamon Valley Landfill, Taylor Ridge
Landfill, and Viola Landfill) v. IEPA – The Board accepted for
hearing this permit appeal involving three facilities located in
Sangamon, Rock Island, and Mercer Counties.
 
 
4-0
Johnson
abstained
P-A, Land
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 –
Respondent’s motion for leave to file responsive pleading was
referred to the hearing officer for disposition.
 
PWS-E
PCB 01-150
People of the State of Illinois v. Marc Development Corporation
and Silver Glen Estates Homeowners’ Association – No action
taken.
 
W-E
PCB 01-159
American Bottoms Conservancy, East St. Louis Community
Action Network, Kathy Andria, and Jack Norman v. Village of
Fairmont City and Waste Management of Illinois, Inc. –
Respondent’s motion for extension of time to file the record was
referred to the hearing officer for disposition.
 
P-C-F-S-R
PCB 01-172
CCL Custom Manufacturing, Inc. v. IEPA – The Board accepted
for hearing this permit appeal involving a Vermilion County
facility.
 
4-0
Johnson
abstained
P-A, Water
 
 
6

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 01-174
People of the State of Illinois v. Lakewood Homes, Inc. – 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.
 
4-0
Johnson
abstained
W-E
PCB 02-1
People of the State of Illinois v. Stein Steel Mill Services, Inc. –
The Board accepted for hearing this air enforcement matter
involving a Madison County facility.
 
4-0
Johnson
abstained
A-E
PCB 02-2
Barry Amoco, 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 Grundy County facility.
 
4-0
Johnson
abstained
UST-FRD
90-Day Ext.
 
ADJOURNMENT
 
Moved and seconded, by a vote of 5-0
,
Chairman Manning adjourned the meeting at
11:35 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 4-0.
 
 
  
  
  
  
  
  
 
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
 
 
7

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