ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
MAY 17, 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 to the meeting.
ROLL CALL
The Clerk of the Board called the roll. The Board Members answered as follows: Chairman
Manning from Springfield, Board Members Flemal, Girard, Kezelis, Lawton, Melas, and
McFawn, from Chicago.
APPROVAL OF MINUTES
Minutes of the May 3, 2001 meeting were approved by a vote of 7-0.
RULEMAKINGS
R01-21
R01-23
(Cons.)
In the Matter of: UIC Update, USEPA Amendments (July 1, 2000
through December 31, 2000); and In the Matter of: RCRA Subtitle
C Update, USEPA Amendments (July 1, 2000 through December
31, 2000) – The Board adopted a final opinion and order in these
consolidated “identical-in-substance” rulemakings which amend
the Board’s underground injection control and hazardous waste
regulations.
7-0
R, Land
R01-25
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (July 1, 2000 through December 31, 2000) – The
Board adopted a proposal for public comment in this “identical-in-
substance” rulemaking to amend the Board’s wastewater
pretreatment regulations.
7-0
R, Water
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 this
Kane County petitioner’s request for an adjusted standard from the
Board’s waste disposal regulations.
7-0
Land
AS 01-5
In the Matter of: Petition of the City of Sycamore for an Adjusted
Standard from 35 Ill. Adm. Code 304.121 and 35 Ill. Adm. Code
306.305(b) – The Board ordered petitioner to file an addendum to
its first amended petition in this matter no later than June 18, 2001.
7-0
Water
AS 01-8
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 –
Pending receipt of the certificate of publication, the Board held this
Saline County facility’s petition for an adjusted standard from the
Board’s water pollution control regulations.
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 – Pending receipt of the certificate of
publication, the Board held this Cook County facility’s petition for
an adjusted standard from the Board’s water pollution control
regulations.
Water
ADMINISTRATIVE CITATIONS
AC 01-34
IEPA v. William Hartmann and Billie Hartmann - The Board
found that these Macoupin County respondents violated Section
21(p)(1), (p)(3), and (p)(7) of the Illinois Environmental Protection
Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (1998)), and ordered
respondents to pay a civil penalty of $4,500
.
7-0
2
AC 01-41
IEPA v. RCS, Inc., Mike Whitlock, and Mike Cassons – The Board
accepted an administrative citation against these Jersey County
respondents.
AC 01-42
IEPA v. Alan Smith – The Board accepted an administrative
citation against this Champaign County respondent.
AC 01-43
IEPA v. City of Eldorado – The Board accepted an administrative
citation against this Saline County respondent.
ADJUDICATORY CASES
Decisions
PCB 98-146
Donald Hoing d/b/a Don’s Service v. Office of the State Fire
Marshal – The Board affirmed the March 12, 1998 decision of the
Office of the State Fire Marshal, which found that petitioner was
ineligible to access the Underground Storage Tank Fund due to
non-payment of registration fees.
7-0
UST-FRD
PCB 01-80
People of the State of Illinois v. Nestle USA, Inc. – In this water
enforcement action concerning a Tazewell 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
$50,000, and to cease and desist from further violations.
Respondent also agreed to pay $499.82 to the State of Illinois Fish
and Wildlife Fund for recovery of the fish that were killed and for
investigation expenses incurred as a result of a pumpkin processing
waste spill into Bull Run Creek
7-0
W-E
PCB 01-111
People of the State of Illinois v. David Livingston individually and
Brian Sipley individually and d/b/a BCS Farms – In this water
enforcement action concerning a Stephenson 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 respondents to pay a total civil penalty of
$8,500, and to cease and desist from further violations
7-0
W-E
3
PCB 01-133
People of the State of Illinois v. City of Gibson City – No action
taken.
PWS-E
Motions and Other Matters
PCB 99-145
Karen Jones, Anita Rice, Jodi Leeper, Tim Leeper, Cassandra
Vaughn, Cheryl Vaughn, Hobert Jones, and Peggy Eberhardt v.
Heritage Tool and Die Mold Manufacturing, Inc. – The Board
granted respondent’s motion to dismiss the complaint with
prejudice for want of prosecution.
7-0
N-E,
Citizens
PCB 99-189
People of the State of Illinois v. Aabott Asbestos, Inc. – The Board
entered an order requiring respondent to reimburse complainant for
costs incurred in prosecuting this matter in the amount of $1,920.
This order follows the Board's order of April 5, 2001, which found
that this respondent had violated Sections 9(a) and 9.1(d)(1) of the
Illinois Environmental Protection Act (415 ILCS 5/9(a), 9.1(d)(1)
(1998)), the Board’s air pollution regulations at 35 Ill. Adm. Code
201.141, and the National Emission Standards for Hazardous Air
Pollutants for asbestos found at 40 C.F.R. §§ 61.145(c)(1), (c)(3),
and (c)(6)(i), and 61.150(a)(1)(v), and ordered the respondent to
pay a civil penalty of $30,000.
7-0
A-E
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 00-122
People of the State of Illinois v. City of Lawrenceville, John A.
Gordon, P.E., and Gordon & Price, Inc. – No action taken.
PWS-E
PCB 00-187
Broderick Teaming Company v. IEPA – No action taken.
UST-FRD
4
PCB 00-190
People of the State of Illinois v. TruServ Corporation – Upon
receipt of a proposed stipulation and settlement agreement and an
agreed motion to request relief from the hearing requirement in this
Resource Conservation Recovery Act enforcement action
involving a McHenry County facility, the Board ordered
publication of the required newspaper notice.
7-0
RCRA-E
PCB 01-3
People of the State of Illinois v. City of Winchester, Benton &
Associates Engineering, Inc., and R&G Construction – 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 Scott County
facility, the Board ordered publication of the required newspaper
notice.
7-0
PWS-E
PCB 01-75
People of the State of Illinois v. Craig Yallaly and Susan Yallaly
d/b/a Courtesy Cleaners – 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 two facilities located in Coles and Vermilion Counties,
the Board ordered publication of the required newspaper notices.
7-0
A-E
PCB 01-76
People of the State of Illinois v. John Crane, Inc. – The Board
granted complainant’s motion to strike two of respondent’s
purported affirmative defenses: failure to state a cause of action
and failure to comply with any applicable statute of limitations.
The Board denied the complainant’s motion to strike respondent’s
affirmative defenses of
laches
and waiver or estoppel.
7-0
Flemal and
Kezelis
concurred
A-E
PCB 01-112
Prairie Rivers Network v. IEPA and Black Beauty Coal Company
– The Board denied the motions of petitioner and respondent Black
Beauty Coal Company for oral argument.
6-1
Girard
dissented
P-A,
NPDES
3rd Party
5
PCB 01-116
Premcor Refining Group v. IEPA – The Board accepted
petitioner’s amended petition and ordered this underground storage
tank appeal involving a DuPage County facility to proceed to
hearing.
7-0
UST-
Appeal
PCB 01-148
Sierra Club, Friends of the Fox River and Prairie Rivers Network
v. IEPA and Fox River Water Reclamation District – The Board
accepted for hearing this third-party National Pollutant Discharge
Elimination System permit appeal involving a Kane County
facility.
7-0
P-A,
NPDES,
3rd Party
PCB 01-149
Marathon Ashland Petroleum, L.L.C. 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
PCB 01-150
People of the State of Illinois v. Marc Development and Silver
Glen Estates Homeowners’ Association – The Board accepted for
hearing this water enforcement matter involving a Kane County
facility.
7-0
W-E
PCB 01-151
People of the State of Illinois v. Diamond Plating Company – The
Board accepted for hearing this Resource Conservation and
Recovery Act enforcement action involving a Madison County
facility.
7-0
RCRA-E
PCB 01-152
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 Kankakee County facility.
7-0
UST-FRD
PCB 01-153
City of Salem v. IEPA – The Board accepted for hearing this
permit appeal involving a Marion County facility.
7-0
P-A, Land
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.
N-E,
Citizens
ADJOURNMENT
6
Moved and seconded, by a vote of 7-0, Chairman 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 7th day of June 2001 by a vote of 7-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
7
