ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
JUNE 7, 2001, SPRINGFIELD OFFICE
600 South Second Street-Suite 403
11:00 A.M.
ANNOUNCEMENTS
After calling the meeting to order, Chairman Manning welcomed members of the public and
staff to the meeting.
ROLL CALL
The Administrative Assistant to the Chairman called the roll and all Board Members answered
present.
APPROVAL OF MINUTES
Minutes of the May 17, 2001 meeting were approved by a vote of 7-0.
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 second notice 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)).
7-0
McFawn
concurred
R, PWS
R00-19(B)
In the Matter of: Proposed Amendments to Tiered Approach to
Corrective Action Objectives: 35 Ill. Adm. Code 742 – The Board
adopted a second notice opinion and order in this matter to amend
the standards for tiered approach to corrective action objectives (35
Ill. Adm. Code 742). (See also order creating R00-19(C)).
7-0
R, Land
R00-19(C)
In the Matter of: Proposed Amendments to Tiered Approach to
Corrective Action Objectives (TACO) (35 Ill. Adm. Code 742) –
The Board on its own motion created a third subdocket. In
subdocket R00-19(C), the Board will address the Illinois
Environmental Protection Agency’s proposed clean up standards
for methyl tertiary-butyl ether (MTBE).
7-0
R, Land
ADJUSTED STANDARDS
AS 01-7
In the Matter of: Petition of Progressive Environmental Services,
Inc. d/b/a Antifreeze Recycling for an Adjusted Standard from 35
Ill. Adm. Code 720.131(c) – The Board accepted this Sangamon
County facility’s petition for an adjusted standard from the Board’s
hazardous waste regulations. Petitioner’s motion for wavier of
hearing was granted.
7-0
RCRA
AS 01-8
In the Matter of: Petition of the City of Harrisburg for an Adjusted
Standard from 35 Ill. Adm. Code Section 306.305(b) and 304.121
and 302.209 – Noting errors in the petitioner’s initial publication,
the Board entered an order directing petitioner to file a certificate
of publication of the notice of filing this petition for an adjusted
standard from the Board’s water pollution control regulations by
June 14, 2001, or this matter will be dismissed.
7-0
Water,
NPDES
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 entered an order directing
petitioner to cause publication of an amended newspaper notice of
this petition for an adjusted standard and file an amended
certificate of publication with the Board, by June 21, 2001, or this
matter will be dismissed.
7-0
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 and
814 – Pending receipt of the certificate of publication, the Board
held this Lee County facility’s petition for an adjusted standard
from the Board’s land pollution control regulations.
Land
2
ADMINISTRATIVE CITATIONS
AC 01-36
IEPA v. John Shirley – The Board found that this Morgan County
respondent violated Sections 21(p)(1), (p)(3), and (p)(4) of the Act
(415 ILCS 5/21(p)(1), (p)(3), and (p)(4) (2000)), and ordered
respondent to pay a civil penalty of $4,500
.
7-0
AC 01-37
IEPA v. Kishwaukee Auto Parts – The Board accepted this petition
for review of an administrative citation against this Winnebago
County respondent.
7-0
AC 01-38
County of Macon, Illinois and IEPA v. Decatur/Macon County
Landfill – The Board accepted complainants’ amended
administrative citation in response to the April 19, 2001 Board
order.
AC 01-39
IEPA v. Ivan R. Smith and Lois Smith – The Board accepted this
petition for review of an administrative citation against these
Schuyler County respondents.
7-0
AC 01-44
IEPA v. Charles Haley – The Board accepted an administrative
citation against this Iroquois County respondent.
ADJUDICATORY CASES
Decisions
PCB 97-26
People of the State of Illinois v. Central Illinois Public Service
d/b/a Ameren CIPS – In this water enforcement action concerning
a Crawford 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 $50,000, and to cease and
desist from further violations.
7-0
W-E
PCB 00-161
People of the State of Illinois v. Ethyl A. Veugeler – In this land
enforcement action concerning a McHenry 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
$7,000, and to cease and desist from further violations.
7-0
L-E
3
PCB 00-171
People of the State of Illinois v. City of Charleston - In this water
enforcement action concerning a Coles 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 civil penalty of $25,000, and to
cease and desist from further violations.
7-0
W-E
PCB 01-75
People of the State of Illinois v. Craig Yallaly and Susan Yallaly
d/b/a Courtesy Cleaners – In this air enforcement action
concerning a Coles 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 civil penalty of $5,000, and to cease and
desist from further violations.
7-0
A-E
PCB 01-133
People of the State of Illinois v. City of Gibson City – In this water
enforcement action concerning a Ford 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 of $3, 000, consisting of a
$2,000 civil penalty and a $1,500 payment for the emergency
training of Gibson District Fire Protection personnel. Respondent
was also ordered to cease and desist from further violations.
7-0
PWS-E
PCB 01-146
People of the State of Illinois v. Norman Sarver – 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 $2,000, and to
cease and desist from further violations
7-0
PWS-E
4
Provisional Variances
PCB 01-166
Village of Ashland v. IEPA – Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board
granted this Cass County facility a 45-day provisional variance,
subject to conditions, from the effluent limits set forth in 35 Ill.
Adm. Code 304.120(a) and 304.121(a), 304.122(a), 304.125 and
304.141(a).
7-0
W-V
Motions and Other Matters
PCB 00-82
Jersey Sanitation Corporation v. IEPA – No action taken.
P-A, Land
PCB 00-90
Roger L. Young and Romana K. Young v. Gilster-Mary Lee
Corporation – No action taken.
N-E,
Citizens
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 00-122
People of the State of Illinois v. City of Lawrenceville, John A.
Gordon, P.E., and Gordon & Price, Inc. – The Board denied
complainant’s motion for summary judgment and granted
respondent’s with respect to Section 15(b) of the Illinois
Environmental Protection Act (415 ILCS 5/15(b) (2000)) and 35
Ill. Adm. Code 601.101 of the Board’s regulations. This matter
was ordered to proceed to hearing regarding all other outstanding
issues.
7-0
PWS-E
PCB 00-176
People of the State of Illinois v. Benton & Associates Engineering,
Inc., and Petersburg Plumbing and Heating – The Board granted
complainant’s motion to correct the misnomer of “Benton &
Associates Engineering, Inc. “and changed the name to” Benton &
Associates, Inc.”
7-0
PWS-E
PCB 00-187
Broderick Teaming Company v. IEPA – No action taken.
UST-FRD
PCB 01-3
People of the State of Illinois v. City of Winchester, Benton &
Associates, Inc. – No action taken.
PWS-E
5
PCB 01-11
People of the State of Illinois v. Reichhold, Inc. – Upon receipt of
an amended 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 Grundy
County facility, the Board ordered publication of the required
newspaper notice.
7-0
A-E
PCB 01-48
PCB 01-49
Cons.
Community Landfill Company and City of Morris v. IEPA – The
Board denied petitioners’ motion for reconsideration of its April 5,
2001 Board order.
7-0
P-A, Land
PCB 01-88
IBP, Inc. v. IEPA - The Board granted petitioner’s motion for
voluntary dismissal of this permit appeal involving a Henry County
facility.
7-0
P-A, Air
PCB 01-112
Prairie Rivers Network v. IEPA and Black Beauty Coal Company
– No action taken.
P-A,
NPDES
PCB 01-113
Dennis and Wayne Swanson 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 Kane County facility.
7-0
UST-
Appeal
PCB 01-117
Davis & Sons 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.
7-0
UST-FRD
PCB 01-118
Ratliff Brothers & Company, 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 Henry County facility.
7-0
UST-FRD
PCB 01-122
McHenry Storage v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a McHenry County
facility.
7-0
UST-FRD
6
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.
L-E,
Citizens
PCB 01-129
Mac Investments d/b/a Olympic Oldsmobile v. Office of the State
Fire Marshal – No action taken.
UST-
Appeal
PCB 01-154
David P. Houghtaling v. Tire Management, Inc. – The Board held
for a later duplicitous/frivolous determination this citizen’s air
enforcement action involving a Kane County facility.
A-E,
Citizens
PCB 01-155
People of the State of Illinois v. Alloy Engineering and Casting
Company – The Board accepted for hearing this air enforcement
action involving a Champaign County facility.
7-0
A-E
PCB 01-156
People of the State of Illinois v. Union Pacific Railroad – The
Board accepted for hearing this air enforcement action involving a
site in Jackson and Randolph Counties.
7-0
A-E
PCB 01-157
LaSalle Bank, N.A. v. IEPA – The Board granted this request for a
90-day extension of time to file an underground storage tank
appeal on behalf of this Cook County facility.
7-0
UST-
Appeal
90-Day Ext.
PCB 01-158
Johnson Oil Company v. IEPA – The Board granted this request
for a 90-day extension of time to file an underground storage tank
appeal on behalf of this Livingston County facility.
7-0
UST-FRD
90-Day Ext.
PCB 01-159
American Bottom Conservancy, East St. Louis Community Action
Network, Kathy Andria and Jack Norman v. Village of Fairmont
City and Waste Management of Illinois, Inc. – The Board accepted
for hearing this third-party pollution control facility siting review
involving a St. Clair County facility.
7-0
P-C-F-S-R
7
PCB 01-160
U.S. Army Corps of Engineers v. IEPA – The Board granted this
request for a 90-day extension of time to file an underground
storage tank appeal on behalf of this Cook County facility.
7-0
UST-
Appeal
90-Day Ext.
PCB 01-161
People of the State of Illinois v. Wagner Castings Company, Inc. –
The Board accepted for hearing this air enforcement action
involving a Macon County facility.
7-0
A-E
PCB 01-162
Village of Bensenville v. IEPA – The Board granted this request
for a 90-day extension of time to file an underground storage tank
appeal on behalf of this DuPage County facility.
7-0
UST-
Appeal
90-Day Ext.
PCB 01-163
Village of Mount Prospect v. IEPA – The Board granted this
request for a 90-day extension of time to file an underground
storage tank appeal on behalf of this Cook County facility.
7-0
UST-FRD
90-Day Ext.
PCB 01-164
White Owl Truck Stop v. IEPA – The Board granted this request
for a 90-day extension of time to file an underground storage tank
appeal on behalf of this Coles County facility.
7-0
UST-FRD
90-Day Ext.
PCB 01-165
People of the State of Illinois v. Village of Rantoul and Textron
Automotive Exteriors, Inc. – 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 Champaign County facility,
the Board ordered publication of the required newspaper notice.
7-0
PWS-E
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 21st day of June 2001 by a vote of 7-0.
8
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
9
