ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
APRIL 5, 2001 CHICAGO OFFICE
100 W. Randolph Street
Conference Room 2-025
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 and all Board Members answered present.
APPROVAL OF MINUTES
Minutes of the March 15, 2001 meeting were approved by a vote of 7-0.
RULEMAKINGS
R01-16
In the Matter of: Proposed Amendments to 35 Ill. Adm. Code
217.Subpart V, Electrical Power Generation – The Board adopted a
final opinion and order in this matter to amend the Board’s air
pollution control regulations.
7-0
R, Air
R01-17
In the Matter of: Proposed New 35 Ill. Adm. Code 217.Subpart U,
NOx Control and Trading Program for Specified NOx Generating
Units, Subpart X, Voluntary NOx Emissions Reduction Program,
and Amendments to 35 Ill. Adm. Code 211 – The Board adopted a
final opinion and order in this matter to amend the Board’s air
pollution control regulations.
7-0
R, Air
ADJUSTED STANDARDS
AS 01-7
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) – Pending receipt of the certificate of publication,
the Board held this Sangamon County facility’s petition for an
adjusted standard from the Board’s hazardous waste regulations.
RCRA
ADMINISTRATIVE CITATIONS
AC 01-16
AC 01-17
(Cons.)
County of Sangamon v. Everett Daily – No action taken.
AC 01-28
IEPA v. American Disposal Services of Illinois, Inc. d/b/a McLean
County Landfill and Daniel Winters – The Board found that these
McLean County respondents violated Section 21(o)(12) of the Act
(415 ILCS 5/21/(o)(12) (1998)), and ordered respondents to pay a
civil penalty of $500
.
7-0
AC 01-29
IEPA v. Leslie Yocum, Sandra Yocum, Laura L. Yocum, Rick L.
Yocum, Kandy S. Yocum, and Shawna B. Yocum – The Board
granted the Illinois Environmental Protection Agency’s motion to
dismiss Laura L. Yocum and Kandy S. Yocum as respondents in
this administrative citation.
7-0
AC 01-33
IEPA v. Donald Bauser – The Board accepted an administrative
citation against this Morgan County respondent.
AC 01-34
IEPA v. William Hartmann & Billie Hartmann – The Board
accepted an administrative citation against these Macoupin County
respondents.
AC 01-35
IEPA v. Jody Short & Lorrie Spriggs – The Board accepted an
administrative citation against these Jersey County respondents.
2
ADJUDICATORY CASES
Decisions
PCB 99-181
People of the State of Illinois v. Siciliano, Inc. – In this air
enforcement action concerning 13 facilities located in Sangamon
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 $13,000, and cease and desist
from further violations.
7-0
A-E
PCB 99-189
People of the State of Illinois v. Aabott Asbestos, Inc. – The Board
found that respondent had violated Sections 9(a) and 9.1(d)(1) of
the 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. Complainant was ordered to file an affidavit
of its fees and costs in this action and documentation thereof no
later than May 7, 2001.
7-0
A-E
PCB 00-176
People of the State of Illinois v. City of Auburn, Benton &
Associates Engineering, Inc., and Petersburg Plumbing and
Heating – In this public water supply enforcement action
concerning a Sangamon County facility, 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 for the City of Auburn (Auburn) only,
ordered Auburn to pay a civil penalty of $3,000, and to cease and
desist from further violations. This matter shall proceed to hearing
as to the other respondents.
7-0
PWS-E
3
PCB 01-48
PCB 01-49
(Cons.)
Community Landfill Company and City of Morris v. IEPA - In this
consolidated mater involving the review of two different land
permits for this Grundy County facility, the Board affirmed the
Illinois Environmental Protection Agency (Agency) decision
regarding Permit No. 2000-155-LFM (Parcel A), granted on
August 4, 2000, to the City of Morris as owner and Community
Landfill Company as operator (petitioners), as to Conditions VII-
11, II-2i, and X-6. The Board instructed the Agency to reissue the
permit after modifying Conditions VII-7, VIII-23, VIII-24, VIII-
25, and VIII-27 consistent with the opinion and order entered in
this matter on April 5, 2001. Regarding Permit No. 2000-156-
LFM (Parcel B), also granted on August 4, 2000, to the petitioners,
the Board affirmed the Agency’s decision as to Conditions VI-9
and IX-6. The Board instructed the Agency to reissue the permit
after modifying Conditions VI-7 and IX-1 consistent with the
opinion and order entered in this matter on April 5, 2001.
7-0
P-A, Land
Motions and Other Matters
PCB 94-382
Gunite Corporation v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this permit appeal involving a
Winnebago County facility.
7-0
P-A,
NPDES
PCB 96-180
Environmental Site Developers, Inc. v. White & Brewer Trucking,
Inc. – The parties’ agreed motion to stay proceedings was referred
to the hearing officer for disposition
W-E,
Citizens
PCB 97-11
People of the State of Illinois v. White & Brewer Trucking –
Complainant’s motion to stay proceedings was referred to the
hearing officer for disposition.
L,W &
GW-E
PCB 97-20
People of the State of Illinois v. Bentronics Corporation – No
action taken.
W-E
PCB 97-114
McWane, Inc. v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal
involving a DuPage County facility.
7-0
UST-
Appeal
4
PCB 97-149
McWane, Inc. v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal
involving a DuPage County facility.
7-0
UST-
Appeal
PCB 97-193
People of the State of Illinois v. Community Landfill Company,
Inc. – The Board granted complainant’s motion for summary
judgment with respect to count 5 only, and denied both parties’
motions for summary judgment with respect to count 12. This
matter was ordered to proceed to hearing regarding all other
outstanding issues, including penalty issues with respect to the
summary judgment issued for count 5.
7-0
L-E
PCB 98-148
People of the State of Illinois v. Doren Poland, Lloyd Yoho, and
Briggs Industries, Inc. – No action taken.
L-E
PCB 99-86
McWane, Inc. v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal
involving a DuPage County facility.
7-0
UST-FRD
PCB 99-149
Universal Scrap Metals, Inc. v. Flexi-Van Leasing, Inc. – The
Board granted respondent’s motion for summary judgement for
count three and denied the motion as to count one and two. The
Board directed this matter proceed to hearing as to count one and
two.
6-1
Flemal
dissented
McFawn
concurred
UST-E,
Citizens
PCB 00-82
Jersey Sanitary Corporation v. IEPA – The Board held action on
the parties’ motions for summary judgment pending receipt of the
Illinois Environmental Protection Agency record in this matter.
7-0
P-A, Land
PCB 00-90
Roger L. Young and Romana K. Young v. Gilster-Mary Lee
Corporation – Respondent’s motion
in limine
was referred to the
hearing officer for disposition.
N-E,
Citizens
5
PCB 00-187
Broderick Teaming Company v. IEPA – The Board reversed the
Illinois Environmental Protection Agency’s denial of petitioner’s
claim, and granted petitioner’s motion for summary judgment in
this underground storage tank appeal involving a Cook County
facility.
7-0
UST-FRD
PCB 00-218
E/M, a division of Morgan Chemical Products, Inc. v. IEPA – The
Board granted petitioner’s motion for voluntary dismissal of this
permit appeal involving a DuPage County facility.
7-0
P-A, Air
PCB 01-50
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
– No action taken.
WWS
PCB 01-98
Waste Management of Peoria 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 Tazewell County facility.
7-0
UST-
Appeal
PCB 01-110
Bulkoa, Inc. – 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-FRD
PCB 01-112
Prairie Rivers Network v. IEPA and Black Beauty Coal Company
– The Board held action on Vermilion Coal Company’s motions to
intervene and request for hearing on its petition to intervene
pending receipt of additional information on the basis of its motion
to intervene.
7-0
P-A,
NPDES
Third Party
PCB 01-119
Stuart C. Nuss v. Village of Durand – No action taken.
W-E,
Citizens
PCB 01-120
Plexus Scientific Corporation v. IEPA – The Board ordered
petitioner to file an amended petition in this matter no later than
April 20, 2001. Petitioner’s motion for expedited decision was
granted and its motion for site visit was denied. This matter
involving a Will County facility was ordered to proceed to hearing.
7-0
A-V
6
PCB 01-126
Aubrey Manufacturing, Inc. v. IEPA – The Board granted this
request for a 90-day extension of time to file a permit appeal on
behalf of this McHenry County facility.
7-0
P-A, RCRA
90-Day Ext.
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 held for a later duplicitous/frivolous determination this
citizen’s land enforcement action involving a Sangamon County
facility.
L-E,
Citizens
PCB 01-129
Mac Investments d/b/a Olympic Oldsmobile v. Office of the State
Fire Marshal – The Board accepted for hearing this underground
storage tank appeal involving a Cook County facility.
7-0
UST-
Appeal
PCB 01-130
JR & Sons, Inc. 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 Champaign County facility.
7-0
UST-FRD
90-Day Ext.
PCB 01-131
Wareco Service, Inc. 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 Morgan County facility.
7-0
UST-FRD
90-Day Ext.
PCB 01-132
Pecora Reality 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 01-133
People of the State of Illinois v. City of Gibson – 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 Ford County facility, the Board
ordered publication of the required newspaper notice.
7-0
PWS-E
7
PCB 01-134
People of the State of Illinois v. Kucera Disposal Company – The
Board accepted for hearing this land enforcement matter involving
a Cook County facility.
7-0
L-E
CASES PENDING DECISION
R01-30
In the matter of: UIC Corrections, USEPA Amendments (July 1,
1999, through June 30, 2000) – Proposed Rule, Proposal for Public
Comment, Opinion and Order
R, Land
ADJOURNMENT
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 19th day of April 2001 by a vote of 6-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
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