ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
FEBRUARY 1, 2001,
CHICAGO OFFICE-100 West Randolph
VIDEO CONFERENCE ROOM 11-512
and
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. Chairman Manning then introduced Dave Wilcox as the Board’s new public
information intern.
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, and
McFawn from Chicago. Board Member Melas was absent.
APPROVAL OF MINUTES
Minutes of the January 18, 2001 meeting were approved as amended by a vote of 6-0.
RULEMAKINGS
R01-13
In the Matter of: Revisions to Antidegradation Rules: 35 Ill. Adm.
Code 302.105, 303.205, 303.206, and 106.990–106.995) – The
Board denied the motions of the Illinois Environmental Regulatory
Group and the Illinois Steel Group to strike the testimony of David
L. Thomas.
6-0
R, Water
R01-16
In the Matter of: Proposed Amendments to 35 Ill. Adm. Code
217.Subpart V, Electrical Power Generation – The Board entered
an order requesting the Illinois Environmental Protection Agency
(Agency) to provide any additional comments or information it
may have about the United States District Court for the District of
Columbia’s January 29, 2001 order entered in Civil Action No.
98-2733 (Sierra Club v. Carol M. Browner, No. 98-2733 (D.D.C.
January 29, 2001)) and the United States Environmental Protection
Agency’s reaction to it, as well as the Agency’s opinion about the
impact the District Court’s order has on this proposal and the State
of Illinois. The Agency’s response is due no later than February 7,
2001.
6-0
R, Air
R01-28
In the Matter of: Livestock Waste Regulations, 35 Ill. Adm. Code
506, Construction Standards – No action taken.
R, Land
R01-29
In the Matter of: Site Remediation Program: Proposed 35 Ill.
Adm. Code 740.Subpart H (Schools, Public Parks, and
Playgrounds) – The Board on its own motion consolidated this
matter with docket R01-27, Site Remediation Program:
Amendments to 35 Ill. Adm. Code 740, waived the 200-signature
requirement of 35 Ill. Adm. Code 102.202(f), and accepted this
matter for hearing. The Board ordered Citizens for a Better
Environment to file, no later than February 16, 2001, a supplement
to its petition that: (1) discusses the applicable factors listed in
Section 27(a) of the Act; and (2) contains a written statement or
certification that the proposal amends the most recent version of
the Site Remediation Program rules.
6-0
R, Land
ADJUSTED STANDARDS
AS 00-15
In the Matter of: Petition of Heritage Environmental Services, Inc.
for an Adjusted Standard from 35 Ill. Adm. Code 702.126(d)(1) –
The Board granted this Cook County facility an adjusted standard,
subject to conditions, from certain requirements found at 35 Ill.
Adm. Code 702.126(d)(1).
6-0
Land,
RCRA
2
AS 01-2
In the Matter of: Petition of the City of Geneva for an Adjusted
Standard from 35 Ill. Adm. Code 807.104 – The Board entered an
order requesting that the petitioner submit additional materials
referred to in its petition by February 15, 2001. The Illinois
Environmental Protection Agency has until March 1, 2001, to
comment on the requested materials.
6-0
Land
ADMINISTRATIVE CITATIONS
AC 01-20
IEPA v. John Prior & Prior Oil Company – The Board found that
these Washington County respondents violated Sections 21(p)(1)
and 21(p)(3) of the Act (415 ILCS 5/21(p)(1), 21(p)(3) (1998)),
and ordered respondents to pay a civil penalty of $3,000
.
6-0
AC 01-21
IEPA v. David Jacobs – The Board found that this Peoria County
respondent violated Section 21(p)(1) of the Act (415 ILCS
5/21/(p)(1) (1998)), and ordered respondent to pay a civil penalty
of $1,500
.
6-0
AC 01-22
IEPA v. Leroy P. David – The Board accepted for hearing this
petition for review of an administrative citation against this Peoria
County respondent.
6-0
AC 01-23
County of LaSalle v. Clarence and Janet Benson – No action taken.
AC 01-25
County of LaSalle v. Mike and Janet Brown – No action taken.
AC 01-26
IEPA v. Jack Busby – The Board accepted an administrative
citation against this Marion County respondent.
Decisions
PCB 99-182
Bob and Sharon Lamma v. Office of the State Fire Marshal – The
Board affirmed the April 19, 1999 eligibility decision of the Office
of the State Fire Marshal in this underground storage tank appeal
involving a Sangamon County facility.
6-0
UST-FRD
3
PCB 00-32
People of the State of Illinois v. Osborn Homes, Inc. – In this
public water supply enforcement action concerning a Madison
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 $7,500, and cease
and desist from further violations.
6-0
PWS-E
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 – No
action taken.
N-E,
Citizens
PCB 01-74
Marathon Ashland Petroleum L.L.C. v. IEPA -The Board granted
petitioner a variance from 35 Ill. Adm. Code 302.102(b)(6),
302.208(g) and 303.323(b) for its Robinson petroleum refinery in
Crawford County, subject to conditions.
6-0
W-V
Motions and Other Matters
PCB 96-141
PCB 99-44
PCB 99-186
(Cons.)
Butterick Company, Inc. v. IEPA – The Board granted petitioner's
motion to voluntarily dismiss these underground storage tank
appeals involving a Cook County facility.
6-0
UST-
Appeal
PCB 97-2
People of the State of Illinois v. Jersey Sanitation Corporation –
The Board granted complainant’s motion for leave to file a second
amended complaint and accepted the amended complaint.
6-0
A,W & L-E
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 – No action taken.
P-A, RCRA
PCB 98-148
People of the State of Illinois v. Doren Poland, Lloyd Yoho, and
Briggs Industries, Inc. – No action taken.
L-E
4
5
PCB 99-149
Universal Scrap Metals, Inc. v. Flexi-Van Leasing, Inc. – No
action taken.
UST-E,
Citizens
PCB 99-191
People of the State of Illinois v. Panhandle Eastern Pipe Line
Company – The Board denied respondent’s motion for
reconsideration of its November 16, 2000 order. The Board
affirmed the hearing officer’s rulings made during the hearings
held in this matter from September 18-22, 2000, and November 28-
29, 2000.
6-0
A-E
PCB 00-5
Naperville Radiator Services v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a DuPage County facility.
6-0
UST-FRD
PCB 00-187
Broderick Teaming Company v. IEPA – No action taken.
UST-FRD
PCB 00-199
People of the State of Illinois v. Dassinger Hard Chrome, 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 Cook
County facility, the Board ordered publication of the required
newspaper notice.
6-0
A-E
PCB 01-10
Sparta Airport Authority v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Randolph County facility.
6-0
UST-FRD
PCB 01-30
Stuart C. Nuss v. Village of Durand – No action taken.
W-E,
Citizens
PCB 01-48
PCB 01-49
(Cons.)
Community Landfill Company and City of Morris v. IEPA – The
Board denied respondent’s motion for partial summary judgment.
6-0
P-A, Land
PCB 01-77
Village of Park Forest v. Sears, Roebuck & Company – No action
taken.
UST-E
Citizens
PCB 01-81
Wareco Service, Inc. v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Rock Island County facility.
6-0
UST-
Appeal
PCB 01-84
Wareco Service, 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 Morgan County facility.
6-0
UST-FRD
PCB 01-87
Wareco Service, 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 Fayette County facility.
6-0
UST-FRD
PCB 01-107
Illinois State Toll Highway Authority (Des Plaines Oasis – South)
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.
6-0
UST-
Appeal
90-Day Ext.
PCB 01-108
Johnston City CUSD #1 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 Williamson County facility.
6-0
UST-
Appeal
90-Day Ext.
PCB 01-109
Kean Brothers 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.
6-0
UST-
Appeal
90-Day Ext.
PCB 01-110
Bulkoa, 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 Cook County facility.
6-0
UST-FRD
90-Day Ext.
CASES PENDING DECISION
ADJOURNMENT
6
Moved and seconded, by a vote of 6-0, Chairman Manning adjourned the meeting at
11:35 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the
above minutes were approved this 15th day of February 2001 by a vote of 6-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
7
