ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
DECEMBER 21, 2000 CHICAGO OFFICE
CONFERENCE ROOM 9-040
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 Assistant Clerk of the Board called the roll and all Board Members answered present.
APPROVAL OF MINUTES
Minutes of the December 7, 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) - No action taken.
R, Land
R00-19(A)
In the Matter of: Proposed Amendments to Tiered Approach to
Corrective Action Objectives (TACO) (35 Ill. Adm. Code 742) –
The Board adopted a final opinion and order which amends the
tiered approach to corrective action objectives (35 Ill. Adm. Code
742). Pursuant to Public Act 91-909, a portion of the proposed
amendments must be adopted by January 6, 2001, pertaining to a
new legal instrument called the “Environmental Land Use Control”
or “ELUC.” Accordingly, the amendments were adopted with a
January 6, 2001 effective date.
7-0
R, Land
R00-20
In the Matter of: Revision of the Board’s Procedural Rules: 35 Ill.
Adm. Code 101-130 – The Board adopted a final opinion and order
which amends the Board’s procedural rules.
7-0
R, Proc.
Rule
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 – No action taken.
R, Air
R01-9
In the Matter of: Proposed New 35 Ill. Adm. Code 217.Subpart W,
The NOx Trading Program for Electrical Generating Units, and
Amendments to 35 Ill. Adm. Code 211 and 217 – The Board
adopted a final opinion and order which implements a nitrogen
oxides emissions trading program applicable to large fossil fuel
electrical generating units.
7-0
R, Air
R01-10
In the Matter of: Natural Gas-Fired, Peak-Load Electrical Power
Generating Facilities (Peaker Plants) – The Board issued an
Informational Order in response to Governor George Ryan’s
request to conduct inquiry hearings concerning the potential
environmental impact of peaker plants. The Informational Order
addresses whether further requirements are needed to safeguard the
environment.
7-0
R, Air
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 second-notice opinion and order to
implement a program to reduce nitrogen oxides emissions from
large cement kilns in Illinois.
6-0
Lawton
abstained
R, Air
R01-18
In the Matter of: Livestock Waste Regulations (35 Ill. Adm. Code
506) – The Board accepted for hearing the Department of
Agriculture’s December 4, 2000 proposal to amend the Board’s
livestock waste regulations, but declined to do so as an emergency
rulemaking.
7-0
R, Land
R01-19
In the Matter of: Exemptions from the Definition of VOM Update,
USEPA Amendments (July 1, 2000, through December 31, 2000) –
The Board reserved this docket for a routine identical-in-substance
update. The update includes any federal amendments which
occurred during the period of July 1, 2000, through December 31,
2000.
R, Air
2
R01-20
In the Matter of: SDWA Update, USEPA Amendments (July 1,
2000, through December 31, 2000) – The Board reserved this
docket for a routine identical-in-substance update. The update
includes any federal amendments which occurred during the period
of July 1, 2000, through December 31, 2000.
R, PWS
R01-21
In the Matter of: UIC Update, USEPA Amendments (July 1, 2000,
through December 31, 2000) – The Board reserved this docket for
a routine identical-in-substance update. The update includes any
federal amendments which occurred during the period of July 1,
2000, through December 31, 2000.
R, Land
R01-22
In the Matter of: RCRA Subtitle D Update, USEPA Amendments
(July 1, 2000, through December 31, 2000) – The Board reserved
this docket for a routine identical-in-substance update. The update
includes any federal amendments which occurred during the period
of July 1, 2000, through December 31, 2000.
R, Land
R01-23
In the Matter of: RCRA Subtitle C Update, USEPA Amendments
(July 1, 2000, through December 31, 2000) – The Board reserved
this docket for a routine identical-in-substance update. The update
includes any federal amendments which occurred during the period
of July 1, 2000, through December 31, 2000.
R, Land
R01-24
In the Matter of: UST Update, USEPA Amendments (July 1,
2000, through December 31, 2000) – The Board reserved this
docket for a routine identical-in-substance update. The update
includes any federal amendments which occurred during the period
of July 1, 2000, through December 31, 2000.
R, Land
R01-25
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (July 1, 2000, through December 31, 2000) – The
Board reserved this docket for a routine identical-in-substance
update. The update includes any federal amendments which
occurred during the period of July 1, 2000, through December 31,
2000.
R, Water
3
R01-26
In the Matter of: Amendments to 35 Ill. Adm. Code 732:
Regulation of Petroleum Leaking Underground Storage Tanks –
The Board accepted for hearing the Illinois Environmental
Protection Agency’s December 6, 2000 proposal to amend the
Board’s underground storage tank regulations.
7-0
R, Land
ADJUSTED STANDARDS
AS 99-1
In the Matter of: Petition of the City of Belleville, Illinois for an
Adjusted Standard from 35 Ill. Adm. Code 306.305 - The Board
ordered this matter set for hearing.
7-0
Water
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 01-11
IEPA v. Waterman Excavating – The Board found that this
Montgomery County respondent violated Sections 21(p)(1) and
(p)(7) of the Act (415 ILCS 5/21/(p)(1), (p)(7) (1998)), and
ordered respondent to pay a civil penalty of $3,000
.
7-0
AC 01-12
IEPA v. J & T Recycling and John A. Gordon - No action taken.
AC 01-16
Sangamon County v. Everett Daily – The Board accepted this
petition for review of an administrative citation against this
Sangamon County respondent.
7-0
AC 01-17
Sangamon County v. Everett Daily – The Board accepted this
petition for review of an administrative citation against this
Sangamon County respondent.
7-0
4
AC 01-19
IEPA v. William Basil Flynn and Olen G. Parkhill, Jr. – The Board
accepted on behalf of respondent Parkhill, this petition for review
of an administrative citation against these Champaign County
respondents. The Board will enter a default judgement against
respondent Flynn should he failed to file a petition for review by
January 8, 2001.
7-
0
AC 01-20
IEPA v. John Prior & Prior Oil Company – The Board accepted an
administrative citation against these Washington County
respondents.
Decisions
PCB 01-79
People of the State of Illinois v. Phillips Pipe Line Company, a
subsidiary of Phillips Petroleum Company, Inc. – In this Resource
Conservation and Recovery Act enforcement action concerning a
St.Clair 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 ordered respondent to cease and desist from further
violations.
7-0
RCRA-E
Provisional Variances
PCB 01-94
Libbey-Owens-Ford Company v. IEPA – Upon receipt of an
Illinois Environmental Protection Agency recommendation, the
Board granted this LaSalle County facility a 45-day provisional
variance, subject to conditions, from the effluent limits set forth in
35 Ill. Adm. Code 304.141(b).
7-0
W-V
PCB 01-95
U.S. Chrome Corporation of Illinois v. IEPA - Upon receipt of an
Illinois Environmental Protection Agency recommendation, the
Board granted a 15-day provisional variance to this Boone 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, RCRA
5
Motions and Other Matters
PCB 93-32
Ford Motor Company v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this air permit appeal involving a
Cook County facility.
7-0
P-A, Air
PCB 93-129
PPG Industries, Inc. v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this NPDES permit appeal
involving a Macon County facility.
7-0
P-A,
NPDES
PCB 96-181
ESG Watts, Inc. v. IEPA – The Board granted the parties’ motions
for dismissal of this permit appeal involving a Rock Island County
facility.
7-0
P-A, Land
PCB 97-210
ESG Watts, Inc. v. IEPA – The Board granted the parties’ motions
for dismissal of this permit appeal involving a Rock Island County
facility.
7-0
P-A, Land
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 98-169
Union Oil Company of California d/b/a Unocal v. Barge-Way Oil
Company, Inc. and Joseph Kellogg – No action taken.
UST-E,
Citizens
PCB 99-149
Universal Scrap Metals, Inc. v. Flexi-Van Leasing, Inc. – No
action taken.
UST-E,
Citizens
PCB 00-82
Jersey Sanitation Corporation v. IEPA – The Board referred
petitioner’s motions to file
instanter
to the hearing officer.
P-A, Land
PCB 00-127
People of the State of Illinois v. Dayne Rogers, an individual, and
Black Gold International – No action taken.
L-E, Tires
6
PCB 00-133
John M. Giertych, Geri Giertych, Wally Stoklosa, Earl Daliege,
Everett Johnson, Meddard Sowonik, Max Prindle, Chuck Polizzi,
Marge Polizzi, George Brassea, Gladys Brassea, Nancy Pitcher,
Geraldine Hughes, Bernard Nagel, Joe Ringbauer, Dee Ringbauer,
Carolyn Meyer, Joe Dampf, Sally Dampf, Pat Henry, Gabriele
Dalzell, Clifton Cooke, Betty Jane Cooke, Pam Sayner, Carol
Bump, Helen Bytnar, and Leslie Koenig v. 4T’s Management,
L.L.C. – The Board granted respondent’s motion to dismiss certain
complainants for want of prosecution.
7-0
N-E,
Citizens
PCB 00-192
People of the State of Illinois v. Wismarq Corporation – 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
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 01-40
People of the State of Illinois v. City of Paris and Francis
Associates – 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 Edgar County facility, the Board ordered publication of
the required newspaper notice.
7-0
PWS-E
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
7
PCB 01-52
Perbio Science, AB d/b/a Pierce Chemical Company v. IEPA – No
action taken.
P-A, RCRA
PCB 01-58
Roman Catholic Diocese/Joliet St. Alexis Church v. IEPA –
Having previously granted a request for a 90-day extension, the
Board dismissed this matter because no underground storage tank
fund reimbursement determination appeal was filed on behalf of
this DuPage County facility.
7-0
UST-FRD
PCB 01-65
Arnold’s Service and Repair v. IEPA – Having previously granted
a request for a 90-day extension, the Board dismissed this matter
because no underground storage tank fund reimbursement
determination appeal was filed on behalf of this Fayette County
facility.
7-0
UST-FRD
PCB 01-67
County of Jasper for the Jasper County Highway Department v.
IEPA – The Board accepted for hearing this underground storage
tank appeal involving a Jasper County facility.
7-0
UST-FRD
PCB 01-68
Roger Stone v. IEPA and Naperville Park District – No action
taken.
P-A,
NPDES
PCB 01-69
Terminal Railroad Association v. IEPA – The Board accepted for
hearing this permit appeal involving a St. Clair County facility.
7-0
P-A, Land
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 – No action
taken.
N-E,
Citizens
PCB 01-90
Land and Lakes Company v. IEPA – The Board accepted for
hearing this national pollutant discharge elimination system permit
appeal involving a Cook County facility.
7-0
P-A,
NPDES
8
PCB 01-91
People of the State of Illinois v. Chester Bross Construction
Company, 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 an
Adams County facility, the Board ordered publication of the
required newspaper notice.
7-0
A-E
PCB 01-92
People of the State of Illinois v. Marathon Oil Company – 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 Sangamon
County facility, the Board ordered publication of the required
newspaper notice.
7-0
PWS-E
PCB 01-93
Strunk Motor Company v. Office of the State Fire Marshal – No
action taken.
UST-FRD
CASES PENDING DECISION
R01-5
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (January 1, 2000, through June 30, 2000) – Adopted
Rule, Final Order, Opinion and Order
R, Water
R01-7
In the Matter of: SDWA Update, USEPA Amendments (January
1, 2000, through June 30, 2000) - Adopted Rule, Final Order,
Opinion and Order
R, PWS
ADJOURNMENT
Moved and seconded, by a vote of 7-0, Chairman Manning adjourned the meeting at
12:20 p.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the
above minutes were approved this 4th day of January 2001 by a vote of 7-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
9
