1. Sangamon County v. Everett Daily – The Board on i

 
 
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
 
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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
 
 
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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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