ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
JANUARY 18, 2001,
CHICAGO OFFICE-100 West Randolph
VIDEO CONFERENCE ROOM 11-512
And
SPRINGFIELD OFFICE-600 South Second Street
VIDEO CONFERENCE ROOM 403
11:30 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, Board Members Flemal, Girard, Lawton, McFawn, and Melas from Chicago and
Member Kezelis from Springfield.
APPROVAL OF MINUTES
Minutes of the January 4, 2001 meeting were approved as amended by a vote of 7-0.
RULEMAKINGS
R01-8
In the Matter of: Amendments to Diesel Opacity Rules Required
by P.A. 91-254 and P.A. 91-865: Amendments to 35 Ill. Adm.
Code 240 – The Board adopted a final opinion and order to
implement amendments to its regulations on controlling air
emissions from motor vehicles.
7-0
R, Air
R01-15
In the Matter of: Amerock Corporation, Rockford Facility for Site-
Specific Rulemaking Petition for Amendment to 35 Ill. Adm. Code
304.303 – The Board ordered this Winnebago County petitioner to
file a second amended petition by June 29, 2001, or this action will
be dismissed. The Board granted in part petitioner’s request to
incorporate the record from docket R87-33 and reserved ruling on
the petitioner’s request to waive the petition signature requirement.
6-0
McFawn
abstained
R, Water
Site-
Specific
R01-16
In the Matter of: Proposed Amendments to 35 Ill. Adm. Code
217.Subpart V, Electrical Power Generation – The Board referred
to the hearing officer the Illinois Environmental Protection
Agency’s motion to amend its Analysis of Economic and
Budgetary Effects of Proposed Rulemaking.
R, Air
R01-27
In the Matter of: Site Remediation Program (Amendments to 35
Ill. Adm. Code 740) – The Board accepted for hearing the Illinois
Environmental Protection Agency’s January 12, 2001 proposal to
amend the Board’s site remediation program regulations.
7-0
R, Land
ADJUSTED STANDARDS
AS 00-11
In the Matter of: Petition of Bema Film Systems, Inc. for an
Adjusted Standard from 35 Ill. Adm. Code Sections 218.401(a), (b)
and (c) (the “Flexographic Printing Rule”) – The Board granted
this DuPage County facility an adjusted standard, subject to
conditions, from the volatile organic material emission control
requirements found at 35 Ill. Adm. Code 218.401(a), (b), and (c).
7-0
Air
AS 00-12
In the Matter of: Petition of Vonco Products, Inc. for an Adjusted
Standard from 35 Ill. Adm. Code Sections 218.401(a), (b) and (c)
(the “Flexographic Printing Rule”) – The Board granted this Lake
County facility an adjusted standard, subject to conditions, from
the volatile organic material emission control requirements found
at 35 Ill. Adm. Code 218.401(a), (b), and (c).
7-0
Air
AS 00-13
In the Matter of: Petition of Formel Industries, Inc. for an
Adjusted Standard from 35 Ill. Adm. Code Sections 218.401(a), (b)
and (c) (the “Flexographic Printing Rule”) – The Board granted
this Cook County facility an adjusted standard, subject to
conditions, from the volatile organic material emission control
requirements found at 35 Ill. Adm. Code 218.401(a), (b), and (c).
7-0
Air
2
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) –
No action taken.
Land,
RCRA
ADMINISTRATIVE CITATIONS
AC 01-12
IEPA v. J & T Recycling and John A. Gordon - In response to a
joint stipulation and settlement agreement in this administrative
citation action involving a Williamson County facility, the Board
dismissed Gordon’s petition for review, and found he had violated
Section 21(p)(3) of the Environmental Protection Act (415 ILCS
5/21(p)(3) (1998)). Gordon was ordered to pay a civil penalty of
$1,500. Because J & T Recycling failed to file a petition for
review within 35 days of the date of service as required by Section
31.1(d) of the Act 415 ILCS 5/31.1(d) (1998), the Board found
that this respondent violated Sections 21(p)(1) and 21(p)(3) of the
Act (415 ILCS 5/21/(p)(1), 21(p)(3) (1998)), and ordered
respondent to pay a civil penalty of $1,500
.
7-0
AC 01-15
IEPA v. Terry Reynolds d/b/a Reynolds Manufactured Homes and
Transport – The Board found that this Union County respondent
violated Section 21(p)(3) of the Act (415 ILCS 5/21/(p)(3),
(1998)), and ordered respondent to pay a civil penalty of $1,500
.
7-0
AC 01-18
IEPA v. Joe Alecci – The Board found that this Franklin 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
.
7-0
AC 01-19
IEPA v. William Basil Flynn and Olen G. Parkhill, Jr. – The Board
accepted respondent Flynn’s, this petition for review of an
administrative citation against these Champaign County
respondents. (The Board previously accepted a petition for review
on behalf of respondent Parkhill on December 21, 2000.)
7-0
AC 01-23
County of LaSalle v. Clarence and Janet Benson – The Board
accepted an administrative citation against these LaSalle County
respondents.
3
AC 01-24
IEPA v. John Prior and Prior Oil Company – The Board accepted
an administrative citation against these Washington County
respondents.
AC 01-25
County of LaSalle v. Mike and Janet Brown – The Board accepted
an administrative citation against these LaSalle County
respondents.
Decisions
PCB 00-109
People of the State of Illinois v. Arturo Rivero d/b/a Swiss
Cleaners – 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 $800, and to cease
and desist from further violations.
7-0
A-E
PCB 00-151
People of the State of Illinois v. Cleveland Steel Container
Corporation – In this air enforcement action concerning a Will
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 $15,750, and to
cease and desist from further violations.
7-0
A-E
PCB 00-192
People of the State of Illinois v. Wismarq Corporation – 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 $10,000, and to cease and desist from further violations.
7-0
A-E
4
PCB 01-40
People of the State of Illinois v. City of Paris and Francis
Associates – In this public water supply enforcement action
concerning a Edgar 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 respondents to pay a total civil penalty of
$6,000, and to cease and desist from further violations.
7-0
PWS-E
PCB 01-91
People of the State of Illinois v. Chester Bross Construction
Company, Inc. – In this air enforcement action concerning an
Adams 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 $25,000, and to
cease and desist from further violations.
7-0
A-E
PCB 01-92
People of the State of Illinois v. Marathon Oil Company – 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,
ordered the respondent to pay a civil penalty of $22,000, and to
cease and desist from further violations.
7-0
PWS-E
PCB 01-97
People of the State of Illinois v. Ferrara Pan Candy Company, Inc.
– In this water 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 $15,000, and to cease and
desist from further violations.
7-0
W-E
Provisional Variances
5
PCB 01-106
Bway Corporation v. IEPA – Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board
granted this Cook County facility a 28-day provisional variance,
subject to conditions, from 35 Ill. Adm. Code 218.204(b)(1)(B),
218.207(h)(2) and Clean Air Act Permit Program permit condition
7.2.5.
7-0
A-V
Motions and Other Matters
PCB 96-119
People of the State of Illinois v. We Shred It, Inc. – The Board
granted complainant’s motion for voluntary dismissal of this land
enforcement action involving a Christian County facility.
7-0
L-E
PCB 97-2
People of the State of Illinois v. Jersey Sanitation Corporation –
No action taken.
A,W & L-E
PCB 97-11
People of the State of Illinois v. White & Brewer Trucking – The
Board granted complainant’s motion to stay proceedings until
April 18, 2001.
7-0
L,W &
GW-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
PCB 98-156
Richard and Wilma Salyer v. IEPA – The Board denied the motion
by Robert A. Mehrens, P.E. to withdraw exhibit from the record.
7-0
UST-FRD
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 - No action taken.
A-E
PCB 00-82
Jersey Sanitation Corporation v. IEPA – No action taken.
P-A, Land
6
PCB 00-157
Michael R. Pawlowski and Diane Pawlowski v. Dave Johansen
a/k/a David Johansen, Troy Quinley, and Benchwarmers Pub, Inc.
– The Board granted complainants’ motion for voluntary dismissal
of this citizens’ noise enforcement action involving a Livingston
County facility.
7-0
N-E,
Citizens
PCB 00-161
People of the State of Illinois v. Home State Bank, N.A., as Trustee
of Trust No. 1466 and Ethyl A. Veugeler as the Beneficiary of
Trust No. 1466 – The Board granted complainant’s motion to
voluntarily dismiss Home Bank as Trustee of Trust No. 1466, and
acknowledged receipt of the remaining parties proposed stipulation
and settlement agreement and an agreed motion to request relief
from the hearing requirement in this land enforcement action
involving a McHenry County facility. The Board ordered
publication of the required newspaper notice.
7-0
L-E
PCB 00-171
People of the State of Illinois v. City of Charleston – Upon receipt
of a proposed stipulation and settlement agreement and an agreed
motion to request relief from the hearing requirement in this water
enforcement action involving a Coles County facility, the Board
ordered publication of the required newspaper notice.
7-0
W-E
PCB 00-187
Broderick Teaming Company v. IEPA – The Board granted
petitioner’s motion for extension of time to file a response to the
Agency’s January 12, 2001 motion for reconsideration as well as
its own motion for reconsideration of December 7, 2000 Board
Order.
7-0
UST-FRD
PCB 00-209
People of the State of Illinois v. Cro-Mat Company – 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.
7-0
A-E
7
PCB 00-212
People of the State of Illinois v. Kenneth Morrison – The Board
granted complainant’s motion for summary judgment for the cost
of corrective action and ordered respondent to reimburse the
Illinois Environmental Protection Agency in the amount of
$30,902.52 for costs incurred in the clean up of accumulated used
and waste tires at a site located at or near Coalville Road, Streator,
Livingston County, Illinois. The Board directed that a hearing be
held as expeditiously as practicable on the issue of whether and
what amount punitive damages should be imposed on respondent.
7-0
CR-E
PCB 01-8
People of the State of Illinois v. Larry Barry, Inc. d/b/a Larry’s
Marathon Warehouse – Upon receipt of a proposed stipulation and
settlement agreement and an agreed motion to request relief from
the hearing requirement in this land enforcement action involving a
Christian County facility, the Board ordered publication of the
required newspaper notice.
7-0
L-E
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 – No
action taken.
P-A, Land
PCB 01-50
Gilberts Citgo, L.L.C. v. IEPA, Wheeling Trust & Savings Bank
a/k/a Cole Taylor Bank, as Trustee and John Caporaso – The
Board granted petitioner 60 days to demonstrate that the requested
water well setback exception (WWSE) will not cause a significant
pollution hazard, and that it will suffer an arbitrary or unreasonable
hardship if the WWSE is denied.
5-2
Girard and
McFawn
dissented
WWS
PCB 01-52
Perbio Science, AB d/b/a Pierce Chemical Company v. IEPA – No
action taken.
7-0
P-A, RCRA
8
PCB 01-68
Roger Stone v. IEPA and Naperville Park District – The Board
denied petitioner’s motion for summary judgment, request for
sanctions, and the request to order the Illinois Environmental
Protection Agency to proceed under Section 31 of Act. 415 ILCS
5/31 (1998). The Board directed that this matter proceed to
hearing.
7-0
P-A,
NPDES
PCB 01-77
Village of Park Forest v. Sears, Roebuck & Company – No action
taken.
UST-E
Citizens
PCB 01-78
Morton International, Inc. v. IEPA – Having previously granted a
request for a 90-day extension, the Board dismissed this matter
because no permit appeal was filed on behalf of this McHenry
County facility.
7-0
Air, P-A
PCB 01-82
General Motors Corporation, Electro-Motive Division v. IEPA –
Having previously granted a request for a 90-day extension, the
Board dismissed this matter because no permit appeal was filed on
behalf of this Cook County facility.
7-0
Air, P-A
PCB 01-88
IBP, Inc. (Joslin Facility) v. IEPA - The Board vacated its order of
December 7, 2000 and granted the parties’ request to extend the
appeal period to and including March 1, 2001, which is the 125th
day following the Illinois Environmental Protection Agency’s
permit issuance on October 27, 2000.
7-0
Air, P-A,
90-Day Ext.
PCB 01-101
Marathon 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 DuPage County facility.
7-0
UST-FRD
90-Day Ext.
PCB 01-102
Cassens & 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 Madison County facility.
7-0
UST-FRD
90-Day Ext.
9
PCB 01-104
People of the State of Illinois v. City of Waukegan –The Board
accepted for hearing this water enforcement matter involving a
Lake County facility.
7-0
Melas
W-E
PCB 01-105
Pete’s Marathon 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 Marion County facility.
7-0
UST-FRD
90-Day Ext.
CASES PENDING DECISION
ADJOURNMENT
Moved and seconded, by a vote of 7-0, Chairman Manning adjourned the meeting at
11:55 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the
above minutes were approved this 1st day of February 2001 by a vote of 6-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
10
