The following is the Illinois Pollution Control Board's tentative agenda for its April 4, 1996 Board meeting. The actual A...

THIRD FLOOR VIDEO CONFERENCE ROOM
Sangamon Prairie Pork Farm v. IEPA – No action ta
Hog Haven L.L.C. v. IEPA – No action taken.

ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

APRIL 19, 2001

CHICAGO OFFICE-100 West Randolph

VIDEO CONFERENCE ROOM 11-512

OFFICE OF THE ILLINOIS STATE BOARD OF EDUCATION

100 NORTH FIRST STREET

THIRD FLOOR VIDEO CONFERENCE ROOM

SPRINGFIELD

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 congratulated the Clerk of the

Board on completion of 26 years of service with the Board, the Chairman presented her with the

proclamation of Governor George H. Ryan declaring April 28, 2001 to be “Dorothy M. Gunn

The Clerk of the Board called the roll. The Board Members answered as follows: Chairman

Manning and Member Kezelis from Springfield, Board Members Flemal, Lawton, McFawn, and

Melas from Chicago. Board Member Girard was absent.

APPROVAL OF MINUTES

Minutes of the April 5, 2001 meeting were approved by a vote of 6-0.

RULEMAKINGS

In the Matter of: Provisional Variances from Water Temperature

Standards: Proposed New 35 Ill. Adm. Code 301.109 – The Board

accepted for hearing the Illinois Environmental Protection

Agency’s April 13, 2001 proposal to amend the Board’s water

pollution regulations.

ADJUSTED STANDARDS

In the Matter of: Progressive Environmental Services, Inc. d/b/a

Antifreeze Recycling for an Adjusted Standard from 35 Ill. Adm.

Code 720.313(c) – The Board ordered petitioner to file an amended

petition in this matter no later than May 21, 2001. In addition, the

Board requested petitioner to file additional information in support

of its motion for an expedited hearing.

ADMINISTRATIVE CITATIONS

County of Sangamon v. Everett Daily – The Board denied

respondent’s motion for judgment on the pleadings in these

consolidated administrative citations involving a Sangamon

IEPA v. Leslie Yocum, Sandra Yocum, Rick L. Yocum, and

Shawna B. Yocum – No action taken.

IEPA v. Leslie Yocum and Sandra Yocum – No action taken.

IEPA v. Jeffrey Sides – The Board found that this Union County

respondent violated Sections 21(p)(1) and (p)(7) of the Act (415

ILCS 5/21(p)(1), (p)(7) (1998)), and ordered respondent to pay a

civil penalty of $3,000

IEPA v. City of East Moline, Illinois d/b/a East Moline Municipal

Landfill and Dave Geier – The Board found that these Rock Island

County respondents violated Section 21(o)(11) of the Act (415

ILCS 5/21/(o)(11) (1998)), and ordered respondents to pay a civil

penalty of $500

IEPA v. John Shirley – The Board accepted an administrative

citation against this Williamson County respondent.

IEPA v. Kishwaukee Auto Parts – The Board accepted an

administrative citation against this Winnebago County respondent.

County of Macon v. Decatur/Macon County Landfill – The Board

ordered petitioner to file an amended administrative citation to

cure deficiencies no later than May 24, 2001, or the petition would

be subject to dismissal.

ADJUDICATORY CASES

People of the State of Illinois v. GLC, Inc. d/b/a Midwest Grinding

and Recycling – In this air enforcement action concerning five

facilities located in Madison County, the Board granted relief from

the hearing requirement of Section 31(c)(1) of the Act (415 ILCS

5/31(c)(1) (1998)), accepted a final stipulation and settlement

agreement, ordered the respondent to pay a civil penalty of

$10,000, and to cease and desist from further violations.

Provisional Variances

Since the Board must decide provisional variances within forty-eight hours of their filing, any

provisional variances filed prior to this meeting will be included here.

Hennepin Public Water District v. IEPA – Upon receipt of an

Illinois Environmental Protection Agency recommendation, the

Board granted this Putnam 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 304.141(a), and National

Pollutant Discharge Elimination System Permit Number

Motions and Other Matters

Primex Technologies, Inc. (Marion Facility) and United States

Department of Interior, Fish and Wildlife Service v. IEPA – The

Board granted the parties’ motion for voluntary dismissal of this

permit appeal involving a Williamson County facility.

People of the State of Illinois v. Crier Development Company and

Bradley S. Cowell – No action taken.

People of the State of Illinois v. Bentronics Corporation – The

Board granted complainant’s motion for summary judgment and

ordered this matter to proceed to hearing concerning penalty

People of the State of Illinois v. Doren Poland, Lloyd Yoho, and

Briggs Industries, Inc. – No action taken.

Jersey Sanitation Corporation v. IEPA – No action taken.

People of the State of Illinois v. N.E. Finch, a Delware corporation,

and New Castle Properties, L.L.C., an Illinois limited liability

corporation – The Board granted complainant’s motion to file an

amended complaint and directed complainant to proceed with

service on the respondents.

Waukegan Port District v. IEPA – The Board granted petitioner’s

motion for voluntary dismissal of this permit appeal involving a

Lake County facility.

Gilbert’s Citgo, L.L.C. v. IEPA, Wheeling Trust & Savings Bank

a/k/a Cole Taylor Bank, Successor Trustee, as Trustee Under Trust

No. 73-314 and John Caporaso, as Beneficiary of Trust No. 73-314

– The Board granted petitioner a water well setback exception for

its facility located in Kane County, subject to conditions.

People of the State of Illinois v. Nestle USA, 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 Tazewell County facility, the

Board ordered publication of the required newspaper notice.

Illinois State Toll Highway Authority (Des Plaines Oasis – South)

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

People of the State of Illinois v. David Livingston, individually,

and Brian Sipley, individually and d/b/a BCS Farms – 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 Stephenson County facility,

the Board ordered publication of the required newspaper notice.

Prairie Rivers Network v. IEPA and Black Beauty Coal Company

– The Board denied Vermilion Coal Company’s petition to

intervene and for a hearing on its petition to intervene, but

authorized the filing of an

amicus curiae

The Premcor Refining Group, Inc. v. IEPA – The Board ordered

petitioner to file an amended petition to cure deficiencies no later

than May 24, 2001, or the petition would be subject to dismissal.

Stuart C. Nuss v. Village of Durand – No action taken.

B.L.T., Inc. v. Sixth Street Developers, Limited Partnership, ORF,

Inc., Roland Industries, VT Properties, Inc., and Freesen, Inc. –

The Board held for a later duplicitous/frivolous determination this

citizen’s land enforcement action involving a Sangamon County

People of the State of Illinois v. Patrick Robert Land Trust – The

Board accepted for hearing this land enforcement matter involving

a Tazewell County facility.

Sangamon Prairie Pork Farm v. IEPA – No action taken.

Hog Haven L.L.C. v. IEPA – No action taken.

Larry R. Manns v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Madison County

ESG Watts, Inc. v. IEPA – The Board granted this request for a 90-

day extension of time to file a permit appeal on behalf of this

Sangamon County facility.

Nelson Westerberg, Inc. v. Office of the State Fire Marshal – The

Board accepted for hearing this underground storage tank appeal

involving a Cook County facility.

Limits, 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.

CASES PENDING DECISION

In the matter of: UIC Corrections, USEPA Amendments (July 1,

1999, through June 30, 2000) – Proposed Rule, Proposal for Public

Comment, Opinion and Order

ADJOURNMENT

Moved and seconded, by a vote of 6-0

Chairman Manning adjourned the meeting at

I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the

above minutes were approved this 3rd day of May 2001 by a vote of 6-0.