ILLINOIS POLLUTION CONTROL BOARD 
MEETING MINUTES 
MARCH 1, 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 February 15, 2001 meeting were approved by a vote of 7-0.   
 
RULEMAKINGS 
R01-11 
 In the Matter of:  Proposed New 35 Ill. Adm. Code 217. Subpart T, 
Cement Kilns, and Amendments to 35 Ill. Adm. Code 211 and 217 
– The Board adopted a final opinion and order to amend its air 
pollution control regulations to implement a program to reduce 
nitrogen oxides emissions from large cement kilns in Illinois. 
 
6-0
Lawton 
abstained
R, Air
R01-19 
 In the Matter of:  Exemptions from the Definition of VOM Update, 
 USEPA Amendments (July 1, 2000, through December 31, 2000) – 
The Board dismissed this reserved identical-in-substance docket 
because the United States Environmental Protection Agency did 
not amend its exemptions from the definition of volatile organic 
material regulations during the update period. 
 
7-0
R, Air
R01-22 
 In the Matter of:  RCRA Subtitle D Update, USEPA Amendments 
(July 1, 2000, through December 31, 2000) – The Board dismissed 
this reserved identical-in-substance docket because the United 
States Environmental Protection Agency did not amend its non-
hazardous waste regulations during the update period. 
 
7-0
R, Land
 
R01-24 
 In the Matter of:  UST Update, USEPA Amendments (July 1, 
2000, through December 31, 2000) – The Board dismissed this 
reserved identical-in-substance docket because the United States 
Environmental Protection Agency did not amend its underground 
storage tank regulations during the update period. 
 
7-0
R, Land
ADMINISTRATIVE CITATIONS 
AC 01-16 
AC 01-17 
 
Sangamon County v. Everett Daily – The Board on its own motion 
consolidated these administrative citations for the purpose of 
hearing. 
 
7-0
AC 01-26 
 IEPA v. Jack Busby – The Board accepted this petition for review 
 of an administrative citation against this Marion County 
respondent. 
 
7-0
AC 01-27 
 IEPA v. Robert Swan & Perry Swan – The Board granted the 
Illinois Environmental Protection Agency’s motion to withdraw 
this administrative citation against these Cass County respondents. 
 
7-0
AC 01-28 
 IEPA v. American Disposal Services of Illinois, Inc. d/b/a McLean 
County Landfill, and Daniel Winters – The Board accepted an 
administrative citation against these McLean County respondents. 
 
 
Motions and Other Matters
 
PCB 98-11 
 Federal Street Construction (Society of Danube Swabians) v. IEPA 
– The Board granted respondent’s motion for dismissal of this 
underground storage tank appeal involving a Cook County facility. 
 
7-0
UST-
Appeal
 
 2
PCB 98-113 
PCB 99-28 
PCB 99-158 
(Cons.) 
 
Clayton Chemical Acquisition Limited Liability Company d/b/a 
Resource Recovery Group, L.L.C. v. IEPA – The Board granted 
respondent’s motion for summary judgment in these consolidated 
permit appeals involving a St. Clair County facility. 
7-0
P-A, RCRA
PCB 99-149 
 Universal Scrap Metals, Inc. v. Flexi-Van Leasing, Inc. – No 
action taken. 
 
UST-E, 
Citizens
PCB 99-181 
 People of the State of Illinois v. Siciliano, Inc. – 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 Sangamon County facility, the 
Board ordered publication of the required newspaper notice. 
 
7-0
A-E
PCB 99-191 
 People of the State of Illinois v. Panhandle Eastern Pipe Line 
Company – No action taken. 
 
A-E
PCB 00-122 
 People of the State of Illinois v. City of Lawrenceville, John A. 
Gordon, P.E., Gordon & Price, Inc., David Guillaum d/b/a D&G 
Construction, and Wayne Lappington d/b/a Lappington Trucking 
and Excavating – No action taken. 
 
PWS-E
PCB 00-187 
 Broderick Teaming Company v. IEPA – No action taken. 
 
UST-FRD
PCB 01-48 
PCB 01-49 
Community Landfill Company and City of Morris v. IEPA – No 
action taken. 
 
P-A, Land
PCB 01-55 
 CC Landfill, Inc. v. The Coles County Board – The Board granted 
petitioner’s motion for voluntary dismissal of this pollution control 
facility siting appeal involving a Coles County facility. 
 
7-0
P-C-F-S-R
PCB 01-85 
 NACME Steel Processing, L.L.C. v. IEPA – The Board granted 
 petitioner’s motion for voluntary dismissal of this permit appeal 
involving a Cook County facility.  
6-0
Kezelis 
abstained
P-A, Air
 
 3
PCB 01-96 
 Twin County Service 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 Williamson County facility. 
 
7-0
UST-
Appeal
PCB 01-112 
 Prairie Rivers Network v. IEPA and Black Beauty Coal Company 
– The Board struck as improperly filed Vermilion Coal Company’s 
motions to intervene and dismiss petitioner’s permit appeal and 
granted a motion by Black Beauty Coal Company’s counsel to 
appear 
pro hac vice
. 
 
7-0
P-A, 
NPDES
Third Party
PCB 01-115 
 People of the State of Illinois v. Valley Petroleum, Inc. – The 
Board accepted for hearing this air and water enforcement matter 
involving a DuPage County facility. 
 
7-0
A&W-E
PCB 01-116 
 Permacor Refining Group 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 01-117 
 Davis & Sons 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-
Appeal
90-Day Ext.
PCB 01-118 
 Ratliff Brothers & Company, 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 Henry County facility. 
 
7-0
UST-
Appeal
90-Day Ext.
PCB 01-119 
 Stuart C. Nuss v. Village of Durand – The Board held for a later 
duplicitous/frivolous determination this citizen’s water 
enforcement action involving a Winnebago County facility. 
 
W-E, 
Citizens
CASES PENDING DECISION 
ADJOURNMENT 
 
 
 4
Moved and seconded, by a vote of 7-0, Chairman Manning adjourned the meeting at 
11:30 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 15th day of March 2001 by a vote of 7-0. 
 
 
  
  
  
  
  
  
 
       Dorothy 
 M. 
 Gunn, 
 Clerk 
       Illinois 
 Pollution 
 Control 
 Board 
 
 
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