ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

FEBRUARY 15, 2001,

VIDEO CONFERENCE ROOM 11-512

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.

 

 

ROLL CALL

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

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

Melas, and McFawn from Chicago.

 

APPROVAL OF MINUTES

Minutes of the February 1, 2001 meeting were approved by a vote of 6-0. Member Melas

abstained.

 

RULEMAKINGS

R01-16

In the Matter of: Proposed Amendments to 35 Ill. Adm. Code

217.Subpart V, Electrical Power Generation – The Board adopted a

second notice 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

second notice opinion and order in this matter to amend the

Board’s air pollution control regulations.

 

7-0

R, Air

R01-18

In the Matter of: Livestock Waste Regulations, 35 Ill. Adm. Code

506, Conforming Amendments to 8 Ill. Adm. Code 900 – The

Board on its own motion dismissed this docket as unnecessary. On

January 22, 2001, the Board received from the Department of

Agriculture a new proposal to amend the Board’s livestock waste

regulations docketed in as in R01-28. (see below)

 

7-0

R, Land

(Cons.)

In the Matter of: UIC Update, USEPA Amendments (July 1, 2000,

through December 31, 2000); and In the Matter of: RCRA Subtitle

C Update, USEPA Amendments (July 1, 2000, through December

31, 2000) – The Board on its motion consolidated these dockets

and adopted a proposal for public comment in these “identical-in-

substance” rulemakings to amend the Board’s underground

injection control and hazardous waste regulations.

 

7-0

R, Land

R01-28

In the Matter of: Amendments to Livestock Waste Regulations, 35

Ill. Adm. Code 506 – The Board accepted for hearing the

Department of Agriculture’s January 22, 2001 proposal to amend

the Board’s livestock waste regulations

,

granted the motion to

waive the filing requirement of nine copies of documents

incorporated by reference, and adopted a first notice opinion and

order in this matter.

 

7-0

R, Land

ADMINISTRATIVE CITATIONS

AC 01-23

County of LaSalle v. Clarence and Janet Benson – The Board

found that these LaSalle County respondents violated Section

21(p)(1) of the Act (415 ILCS 5/21/(p)(1) (1998)), and ordered

respondents to pay a civil penalty of $1,500

.

 

7-0

 

2

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AC 01-24

IEPA v. John Prior & Prior Oil Company – The Board found that

these Washington County respondents violated Section 21(p)(1) of

the Act (415 ILCS 5/21/(p)(1) (1998)), and ordered respondents to

pay a civil penalty of $1,500

.

 

7-0

AC 01-25

County of LaSalle v. Mike and Janet Brown – The Board found

that these LaSalle County respondents violated Section 21(p)(1) of

the Act (415 ILCS 5/21/(p)(1) (1998)), and ordered respondents to

pay a civil penalty of $1,500

.

 

7-0

AC 01-27

IEPA v. Robert Swan and Perry Swan – The Board accepted an

administrative citation against these Cass County respondents.

 

Decisions

PCB 99-19

Anthony and Karen Roti, Paul Rosenstrock, and Leslie Weber v.

LTD Commodities - The Board entered an interim opinion and

order which found that respondent violated the nuisance noise

provisions of the Act and the Board’s regulations found at 415

ILCS 5/24 (1998) and 35 Ill. Adm. Code 900.102. The Board

found that respondent had not violated the Board’s numeric noise

rules at 35 Ill. Adm. Code 901.102(a), 901.102(b), and 901.104.

The Board ordered this matter to hearing on an expedited basis for

the parties to address appropriate remedies.

 

7-0

A-E,

Citizens

PCB 00-92

Stephen M. Lardner v. Dominick’s Finer Foods, Inc., the

Landowner of Longmeadow Commons, Waste Management,

Mundelein Disposal, and Onyx Waste Services f/k/a BFI – The

Board did not accept the January 17, 2001 stipulation and

settlement agreement between complainant and Mundelein

Disposal, noting that the Board cannot waive the statutory

requirement that a hearing on the stipulation be held pursuant to

Section 31(d) of the Environmental Protection Act (415 ILCS

5/31(d) (1998)).

  

7-0

N-E,

Citizens

 

3

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PCB 00-199

People of the State of Illinois v. Dassinger Hard Chrome, Inc. – In

this air enforcement action concerning a Cook 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, ordered the respondent to

pay a civil penalty of $2,500, and cease and desist from further

violations.

 

7-0

A-E

PCB 00-209

People of the State of Illinois v. Cro-Mat Company – In this air

enforcement action concerning a Cook 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, ordered the respondent to pay a civil

penalty of $3,000, and cease and desist from further violations.

 

7-0

A-E

PCB 01-8

People of the State of Illinois v. Larry Barry, Inc. d/b/a Larry’s

Marathon Warehouse – In this land enforcement action concerning

a Christian 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, ordered the respondent to pay a civil penalty of $2,500,

and cease and desist from further violations.

 

7-0

L-E, Tires

Provisional Variances

 

PCB 01-114

CID Recycling and Disposal Facility v. IEPA – Upon receipt of an

Illinois Environmental Protection Agency recommendation, the

Board granted a two day provisional variance to this Cook County

facility from the 90-day limitation on the accumulation of

hazardous wastes, as set forth in 35 Ill. Adm. Code 722.134(b)

 

7-0

L-V

Motions and Other Matters

 

PCB 98-11

Federal Street Construction (Society of Danube Swabians) v. IEPA

– No action taken.

 

UST-

Appeal

 

4

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(Cons.)

 

Clayton Chemical Acquisition Limited Liability Company d/b/a

Resource Recovery Group, L.L.C. v. IEPA – No action taken.

P-A, RCRA

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

December 20, 2000 order and ordered respondent Briggs

Industries, Inc. to produce the requested documents within 7 days

of the date of this order.

 

7-0

L-E

PCB 98-169

Union Oil Company of California d/b/a Unocal v. Barge-Way Oil

Company, Inc., and Joseph Kellogg – The Board denied

respondent Barge-Way Oil Company’s motion for summary

judgment and granted its motion to file an amended third-party

complaint. The Board denied the motion of Robert Atkins and

Barge-Way Systems, Inc. to dismiss the third-party complaint.

The Board found that the amended complaint was neither

duplicitous nor frivolous, and accepted this matter for hearing.

 

6-1

Flemal

dissented

UST-E,

Citizens

PCB 99-149

Universal Scrap Metals, Inc. v. Flexi-Van Leasing, Inc. – No

action taken.

 

UST-E,

Citizens

PCB 00-171

People of the State of Illinois v. City of Charleston – Upon receipt

of a request to conduct a public hearing, the Board denied the

parties’ motion for relief from hearing and ordered that this

proposed stipulation and settlement agreement proceed to hearing.

 

7-0

W-E

PCB 00-187

Broderick Teaming Company v. IEPA – No action taken.

 

UST-FRD

PCB 01-30

Stuart C. Nuss v. Village of Durand – The Board dismissed this

action for complainant’s failure to properly serve the Village of

Durand with a copy of the amended complaint.

 

7-0

W-E,

Citizens

 

5

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PCB 01-57

G.J. Leasing Company, Inc. v. IEPA – The Board dismissed this

matter due to this St. Clair County petitioner’s failure to file an

amended petition pursuant to a December 7, 2000 Board order.

 

7-0

UST-FRD

PCB 01-68

Roger Stone v. IEPA and Naperville Park District – The Board

granted petitioner’s motion for voluntary dismissal of this permit

appeal involving a DuPage County facility.

7-0

P-A,

NPDES

PCB 01-73

A.E. Staley Manufacturing Company v. IEPA – The Board granted

petitioner’s motion for voluntary dismissal of this permit appeal

involving a Macon County facility.

 

7-0

P-A, Air

PCB 01-74

Marathon Ashland Petroleum L.L.C. v. IEPA – The Board granted

petitioner’s to withdraw its motion to amend the Board’s February

1, 2001 order in this matter.

 

7-0

W-V

PCB 01-77

Village of Park Forest v. Sears, Roebuck & Company – The Board

found that the alleged violations in the complaint were neither

duplicitous nor frivolous, denied respondents’ motion to stay,

granted respondent’s application for treatment of certain

information as “not subject to disclosure,” and accepted this matter

involving a Cook County facility for hearing. The request for a

pre-hearing conference was referred to the hearing officer for

disposition.

 

6-1

Flemal

dissented

UST-E

Citizens

PCB 01-89

Nash Petroleum, Inc. 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-FRD

PCB 01-93

Strunk Motor Company v. Office of the State Fire Marshal – The

Board dismissed this matter due to this Macoupin County

petitioner’s failure to file an amended petition pursuant to a

January 4, 2001 Board order.

 

7-0

UST-FRD

 

6

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PCB 01-111

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

and Brian Sipley, individually and d/b/a BCS Farms – The Board

accepted for hearing this water enforcement matter involving a

Stephenson County facility.

 

7-0

W-E

PCB 01-112

Prairie Rivers Network v. IEPA and Black Beauty Coal Company

– The Board accepted for hearing this third party permit appeal

involving a Vermilion County facility.

 

7-0

P-A,

NPDES,

Third Party

PCB 01-113

Dennis and Wayne Swanson 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 Kane County facility.

 

7-0

UST-

Appeal

CASES PENDING DECISION

ADJOURNMENT

 

Moved and seconded, by a vote of 7-0, Chairman Manning adjourned the meeting at

12:00 p.m.

 

 

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

above minutes were approved this 1st day of March 2001 by a vote of.

 

 

  

  

  

  

  

  

 

Dorothy

M.

Gunn,

Clerk

Illinois

Pollution

Control

Board

 

 

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