ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
MAY 3, 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. The Chairman and the Board Members wished the Assistant Clerk of the
Board Adaleen Hogan a happy birthday.
ROLL CALL
The Clerk of the Board called the roll. The Board Members answered as follows: Chairman
Manning and Member Kezelis from Springfield, and Board Members Flemal, Girard, Lawton,
Melas, and McFawn, from Chicago.
APPROVAL OF MINUTES
Minutes of the April 19, 2001 meeting were approved by a vote of 6-0. Board Member Girard
abstained.
RULEMAKINGS
R01-30
In the Matter of: UIC Corrections, USEPA Amendments (July 1,
1999, through June 30, 2000) – The Board adopted a proposal for
public comment 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).
7-0
R, Land
ADJUSTED STANDARDS
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 01-29
IEPA v. Leslie Yocum, Sandra Yocum, Rick L. Yocum, and
Shawna B. Yocum – The Board on its own motion consolidated
this matter with AC 01-30 and denied respondents’ motion to
dismiss these actions.
7-0
AC 01-30
IEPA v. Leslie Yocum and Sandra Yocum – The Board on its own
motion consolidated this matter with AC 01-29 and denied
respondents’ motion to dismiss these actions.
7-0
AC 01-33
IEPA v. Donald Bauser – The Board found that this Morgan
County respondent violated Sections 21(p)(1) and (p)(3) of the Act
(415 ILCS 5/21(p)(1), (p)(3) (1998)), and ordered respondent to
pay a civil penalty of $3,000
.
7-0
AC 01-35
IEPA v. Jody Short & Lorrie Spriggs – The Board accepted
respondent Short’s petition for review of an administrative citation
against these Jersey County respondents. The Board will enter a
default judgement against respondent Spriggs should she fail to file
a petition for review postmarked on or before April 28, 2001.
7-0
AC 01-39
IEPA v. Ivan R. Smith and Lois Smith – The Board accepted an
administrative citation against these Union County respondents.
2
AC 01-40
IEPA v. Millennium Waste, Inc. and Dominic Remmes – The
Board accepted an administrative citation against these Rock
Island County respondents.
ADJUDICATORY CASES
Decisions
PCB 97-226
Riverview FS, Inc. v. IEPA – The Board affirmed the Illinois
Environmental Protection Agency’s May 12, 1997 partial denial of
petitioner’s leaking underground storage tank fund reimbursement
application.
7-0
UST-FRD
Motions and Other Matters
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt, Inc. – The
Board denied complainant’s motion for summary judgment and
ordered this matter to proceed to hearing.
7-0
W-E
PCB 96-256
People of the State of Illinois v. Crier Development Company and
Bradley S. Cowell – The Board granted complainant’s motion for
summary judgment and ordered this matter to proceed to hearing
concerning penalty issues.
7-0
W-E
PCB 97-178
People of the State of Illinois v. William C. Bigger, Joseph G.
Bigger, and Bigger Family, Ltd. – 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 Henderson County facility, the
Board ordered publication of the required newspaper notice.
7-0
W-E
PCB 98-148
People of the State of Illinois v. Doren Poland, Lloyd Yoho, and
Briggs Industries, Inc. – The Board affirmed the hearing officer’s
ruling admitting the two Andrews Environmental Engineering
(Andrews) documents into the record. The Board granted
respondent Briggs’ motion for leave to respond to complainant’s
reply brief, but only insofar as the response relates to
complainant’s arguments regarding the Andrews documents. All
other portions of Briggs’ supplemental response were stricken.
7-0
L-E
3
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. – No action
taken.
N-E,
Citizens
PCB 99-189
People of the State of Illinois v. Aabott Asbestos, Inc. – No action
taken.
A-E
PCB 99-191
People of the State of Illinois v. Panhandle Eastern Pipe Line
Company – The Board denied respondent’s motion for oral
argument.
7-0
A-E
PCB 00-82
Jersey Sanitation Corporation v. IEPA – No action taken.
P-A, Land
PCB 01-3
People of the State of Illinois v. City of Winchester, Benton &
Associates Engineering, Inc., and R&G Construction – The Board
granted complainant’s motion to correct the misnomer in naming
respondent Benton & Associates Engineering, Inc. instead of
Benton & Associates, Inc.
7-0
PWS-E
PCB 01-76
People of the State of Illinois v. John Crane, Inc. – No action
taken.
A-E
PCB 01-108
Johnston City Community Unit School District #1 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 Williamson County facility.
7-0
UST-
Appeal
PCB 01-109
Kean Brother 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.
7-0
UST-
Appeal
4
PCB 01-119
Stuart C. Nuss v. Village of Durand – The Board found that,
pursuant to Section 31(d) of the Act (415 ILCS 5/31(d) (1998)) and
34 Ill. Adm. Code 103.212(a) of its procedural rules, complainant’s
allegations were frivolous. The Board granted this Winnebago
County respondent’s motion to dismiss the action.
7-0
W-E,
Citizens
PCB 01-120
Plexus Scientific Corporation v. IEPA – The Board formally
accepted petitioner’s amended petition in this matter, noting that
hearing began on May 2, 2001 consistent with the Board’s April 5,
2001 order.
6-0
Lawton
abstained
A-V
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 found that the alleged violations in the complaint were
neither duplicitous nor frivolous and accepted this matter involving
a Sangamon County facility for hearing.
6-0
Kezelis
abstained
L-E,
Citizens
PCB 01-136
Sangamon Prairie Pork Farm v. IEPA – The Board found and
certified that certain facilities of Sangamon Prairie Pork Farm
located in Sangamon County are pollution control facilities under
the Property Tax Code (35 ILCS 200/11-10 (1998)).
7-0
T-C
PCB 01-137
Hog Haven L.L.C. v. IEPA – The Board found and certified that
the certain facilities of Hog Haven L.L.C. located in Lee County
are pollution control facilities under the Property Tax Code (35
ILCS 200/11-10 (1998)).
7-0
T-C
PCB 01-143
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 Jefferson County facility.
7-0
UST-FRD
90-Day Ext.
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 – The
Board accepted for hearing this public water supply enforcement
matter involving a Christian County facility.
7-0
PWS-E
5
PCB 01-145
W.K. Developers v. Office of the State Fire Marshal –The Board
found the petition deficient in this underground storage tank appeal
involving a Lake County facility, and ordered petitioner to file an
amended petition to cure deficiencies no later than June 7, 2001, or
the petition would be subject to dismissal.
7-0
UST-
Appeal
PCB 01-146
People of the Sate of Illinois v. Norman Sarver – 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 Macon County
facility, the Board ordered publication of the required newspaper
notice.
7-0
PWS-E
PCB 01-147
North Safety Products, Inc. v. IEPA – The Board accepted for
hearing this permit appeal involving a DuPage County facility.
7-0
P-A, Air
ADJOURNMENT
Moved and seconded, by a vote of 7-0, Chairman Manning 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 17th day of May 2001 by a vote of.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
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