ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
JANUARY 4, 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. (The audio connection between the Springfield and Chicago sites was of
good quality throughout the meeting, but the video connection could not be established.)
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 December 21, 2000 meeting were approved as amended by a vote of 7-0.
RULEMAKINGS
R98-26
In the Matter of: Amendments to 35 Ill. Adm. Code 506,
(Livestock Waste Regulations)(PA 90-565) - The Board on its own
motion dismissed this docket as unnecessary. On December 21,
2000, the Board accepted for hearing the Department of
Agriculture’s December 4, 2000 proposal to amend the Board’s
livestock waste regulations in R01-18.
7-0
R, Land
R01-5
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (January 1, 2000, through June 30, 2000) – The
Board adopted a final opinion and order in this “identical-in-
substance” rulemaking to amend the Board’s wastewater
pretreatment regulations.
7-0
R, Water
R01-7
In the Matter of: SDWA Update, USEPA Amendments (January
1, 2000, through June 30, 2000) - The Board adopted a final
opinion and order in this “identical-in-substance” rulemaking to
amend the Board’s public water supply regulations.
7-0
R, PWS
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”) – No action taken.
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”) – No action taken.
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”) – No action taken.
Air
ADMINISTRATIVE CITATIONS
AC 00-72
IEPA v. Carl White – The Board entered an order requiring
respondent to pay
the Board and the Environmental Protection
Agency hearing costs in the amount of $288.70 and $200
respectively, and a civil penalty of $1,500. This order follows the
Board's interim order of November 2, 2000, which found that this
respondent had violated Section 21(p)(1) of the Environmental
Protection Act (415 ILCS 5/21(p)(1) (1998)) at respondent’s
Jefferson County facility.
7-0
AC 01-12
IEPA v. J & T Recycling and John A. Gordon - No action taken.
2
AC 01-13
IEPA v. The Perron Company and Richard Pearce – The Board
found that these Winnebago 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 01-14
IEPA v. American Disposal Services of Illinois, Inc. and Dave
Bryant – The Board found that these Livingston County
respondents violated Section 21(o)(5) of the Act (415 ILCS
5/21/(o)(5) (1998)), and ordered respondents to pay a civil penalty
of $500
.
7-0
AC 01-21
IEPA v. David Jacobs – The Board accepted this petition for
review of an administrative citation against this Peoria County
respondent.
AC 01-22
IEPA v. Leroy P. David - The Board accepted this petition for
review of an administrative citation against this Peoria County
respondent.
Decisions
PCB 97-147
People of the State of Illinois v. J. D. Plating Works, Inc. – In this
water and Resource Conservation and Recovery Act enforcement
action concerning a Lake 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 ordered respondent to cease and desist from
further violations.
7-0
RCRA,
W-E
PCB 00-104
People of the State of Illinois v. The Highlands, L.L.C., Murphy
Farms, Inc. a/k/a Murphy Family Farms, and Bion Technologies,
Inc. – In this air enforcement action concerning a Knox 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 for Bion Technologies,
Inc. (Bion) only, ordered the Bion to pay a civil penalty of $9,000,
and ordered Bion to cease and desist from further violations. This
matter shall proceed to hearing as to the other respondents.
7-0
A-E
3
Provisional Variances
PCB 01-99
Village of Milledgeville v. IEPA – Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board
granted this Carroll County facility a 45-day provisional variance,
subject to conditions, from the effluent limits set forth in 35 Ill.
Adm. Code 304.120(a), 304.141(a), and from the excess flow
limitations of National Pollutant Discharge Elimination System
Permit IL0023345.
7-0
W-V
PCB 01-100
Illinois American Water Company Alton Replacement Facility v.
IEPA – Upon receipt of an Illinois Environmental Protection
Agency recommendation, the Board granted this Madison County
facility a 45-day provisional variance, subject to conditions, from
the requirement of a National Pollutant Discharge Elimination
System (NPDES) permit to allow it to bring the replacement plant
into service on December 28, 2000, before its pending NPDES
permit has been finally issued by the Agency.
7-0
W-V,
NPDES
PCB 01-103
CMS Panhandle Eastern Pipe Line Company v. IEPA – Upon
receipt of an Illinois Environmental Protection Agency
recommendation, the Board granted this Pike County facility a 45-
day provisional variance, subject to conditions, from the effluent
limits set forth in 35 Ill. Adm. Code 304.141(b) and 309.102(a).
7-0
W-V
Motions and Other Matters
PCB 98-26
Dean Foods Company v. IEPA -The Board granted petitioner’s
motion for voluntary dismissal of this permit appeal involving a
Winnebago County facility.
7-0
P-A, Air
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 99-149
Universal Scrap Metals, Inc. v. Flexi-Van Leasing, Inc. – No
action taken.
UST-E,
Citizens
4
PCB 99-162
Kelly-Mac Partners v. Robertson-CECO Corporation - The Board
granted complainant's motion for dismissal of this citizen’s
underground storage tank enforcement action involving a Cook
County facility.
7-0
UST-E,
Citizens
PCB 99-191
People of the State of Illinois v. Panhandle Eastern Pipe Line
Company - No action taken.
A-E
PCB 00-32
People of the State of Illinois v. Osborn Homes, Inc. – Upon
receipt of a proposed stipulation and settlement agreement and an
agreed motion to request relief from the hearing requirement in this
public water supply enforcement action involving a Madison
County facility, the Board ordered publication of the required
newspaper notice.
7-0
PWS-E
PCB 00-82
Jersey Sanitation Corporation v. IEPA – No action taken.
P-A, Land
PCB 00-127
People of the State of Illinois v. Dayne Rogers, an individual, and
Black Gold International – The Board denied complainant’s
motion for reconsideration of the Board’s November 2, 2000 order.
7-0
L-E, Tires
PCB 00-212
People of the State of Illinois v. Kenneth Morrison – No action
taken.
CR-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 – No action
taken.
WWS
5
PCB 01-52
Perbio Science, AB d/b/a Pierce Chemical Company v. IEPA – No
action taken.
P-A, RCRA
PCB 01-68
Roger Stone v. IEPA and Naperville Park District – No action
taken.
P-A,
NPDES
PCB 01-72
Stepan Company v. IEPA – The Board accepted for hearing and
granted a stay of proceedings in this permit appeal involving a Will
County facility.
7-0
P-A, Air
PCB 01-77
Village of Park Forest v. Sears, Roebuck & Company – No action
taken.
UST-E
Citizens
PCB 01-86
Robert Gardner and Yvonne Gardner v. Township High School
District 211 and Gerald Chapman, Superintendent – The Board
found that the alleged violations of Section 24 of the
Environmental Protection Act (Act) (415 ILCS 5/24 (1998)) and
35 Ill. Adm. Code 900.102 of the Board’s noise rules were neither
duplicitous nor frivolous, dismissed the alleged violation of
Section 23 of the Act (415 ILCS 5/23 (1998)) as frivolous, denied
respondents’ motion to dismiss, and accepted this matter involving
a Cook County facility for hearing.
7-0
N-E,
Citizens
PCB 01-88
IBP, Inc. (Joslin Facility) v. IEPA - No action taken.
Air, P-A,
90-Day Ext.
PCB 01-93
Strunk Motor Company v. Office of the State Fire Marshal – The
Board denied petitioner’s request for 90-day extension of appeal
period, consistent with respondent’s response to it, but accepted
petitioner’s request as a timely-filed petition for review. The Board
granted petitioner 30 days in which to retain an attorney and for
that attorney to file an amended petition for review curing
specified informational deficiencies . If petitioner does not file an
amended petition for review on or before February 3, 2001,
including proof of service of the amended petition, this matter will
be dismissed, and the docket closed.
7-0
UST-FRD
6
PCB 01-96
Twin County Service 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 Williamson County facility.
7-0
UST-
Appeal
90-Day Ext.
PCB 01-97
People of the State of Illinois v. Ferrara Pan Candy Company, Inc.
– 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 Cook
County facility, the Board ordered publication of the required
newspaper notice.
7-0
W-E
PCB 01-98
Waste Management of Peoria 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 Tazewell County facility.
7-0
UST-
Appeal
90-Day Ext.
CASES PENDING DECISION
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 – Adopted Rule, Final Order, Opinion and Order
R, Air
ADJOURNMENT
Moved and seconded, by a vote of 7-0, Chairman Manning adjourned the meeting at
11:50 a.m.
7
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the
above minutes were approved this 18th day of January 2001 by a vote of.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
8
