ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
DECEMBER 20, 2001
CHICAGO OFFICE-100 West Randolph
CONFERENCE ROOM 9-040
11:00 A.M.
A
NNOUNCEMENTS
After calling the meeting to order, Chairman Manning welcomed members of the public and
staff.
R
OLL CALL
The Assistant Clerk of the Board called the roll and all Board Members answered present.
A
PPROVAL OF MINUTES
Minutes of the December 6, 2001 meeting were approved by a vote of 6-0, Board Member
Johnson abstained.
RULEMAKINGS
R02-5
In the Matter of: SDWA Update, USEPA Amendments (January
1, 2001 through June 30, 2001: Arsenic Rule) – The Board
granted the request of the United States Environmental Protection
Agency for an additional 30 days past December 10, 2001, in
which to file public comment.
7-0
R, PWS
ADJUSTED STANDARDS
AS 01-9
In the Matter of: Petition of Rhodia, Inc., Thorn Creek Basin
Sanitary District, Takasago Corporation (U.S.A) and Consumers
Illinois Water Company for an Adjusted Standard from 35 Ill.
Adm. Code Section 302.208 and 304.105 – The Board granted
petitioners’ motion for expedited decision.
7-0
Water
AS 01-7
In the Matter of: Petition of Progressive Environmental Services,
Inc. d/b/a Antifreeze Recycling for an Adjusted Standard Under 35
Ill. Adm. Code 720.131(c) – No action taken.
RCRA
AS 02-1
In the Matter of: Material Service Corporation Petition for an
Adjusted Standard From 35 Ill. Adm. Code 302.208, 406.202 and
304.105 – No action taken.
Water
ADMINISTRATIVE CITATIONS
AC 01-16
AC 01-17
Cons.
County of Sangamon v. Everett Daily – The Board granted
respondent’s motion for leave to file a response to complainant’s
motion for summary judgment.
7-0
AC 01-19
IEPA v. William Basil Flynn & Olen G. Parkhill, Jr.
– In response
to a joint stipulation and settlement agreement in this
administrative citation action involving a Champaign County
facility, the Board found respondents violated Section 21(p)(3) of
the Environmental Protection Act (Act) (415 ILCS 5/21(p)(3)
(2000)) and ordered respondents to pay a civil penalty of $1,500.
The Board also granted the parties’ joint motion to dismiss
respondents’ petition for review.
7-0
AC 02-17
IEPA v. Charles Goodwin – The Board accepted respondent’s
amended petition for review and directed this matter to proceed to
hearing.
7-0
AC 02-20
IEPA v. Housewright Lumber Company, William A. Housewright,
and George Hartmann – The Board accepted for hearing this
petition for review of an administrative citation against these
Hancock County respondents.
7-0
AC 02-24
IEPA v. Robert Dennis
– The Board granted complainant’s motion
to withdraw this administrative citation involving a Cass County
facility.
7-0
AC 02-26
IEPA v. Maurice Newcomer – The Board accepted an
administrative citation against this Carroll County respondent.
2
AC 02-27
IEPA v. John Firebaugh
– The Board accepted an administrative
citation against this Jefferson County respondent.
AC 02-28
IEPA v. Larry Beam
– No action taken.
ADJUDICATORY CASES
Decisions
PCB 00-9
People of the State of Illinois v. Brake’s Enterprises, Inc. d/b/a
Brake’s Amoco – In this underground storage tank enforcement
action concerning a Champaign County facility, the Board granted
relief from the hearing requirement of Section 31(c)(1) of the
Environmental Protection Act (415 ILCS 5/31(c)(1) (2000)),
accepted a final stipulation and settlement agreement, ordered the
respondent to pay a total civil penalty of $5,000, and to cease and
desist from further violations.
7-0
UST-E
PCB 01-3
People of the State of Illinois v. R & G Construction
– In this
public water supply enforcement action concerning a Scott County
facility, the Board granted relief from the hearing requirement of
Section 31(c)(1) of the Environmental Protection Act (415 ILCS
5/31(c)(1) (2000)), accepted a final stipulation and settlement
agreement, ordered the respondent to pay a total civil penalty of
$5,000, and to cease and desist from further violations.
7-0
PWS-E
PCB 01-134
People of the State of Illinois v. Kucera Disposal Company – In
this land enforcement action concerning a Cook County facility,
the Board granted relief from the hearing requirement of Section
31(c)(1) of the Environmental Protection Act (415 ILCS 5/31(c)(1)
(2000)), accepted a final stipulation and settlement agreement,
ordered the respondent to pay a total civil penalty of $12,000, and
to cease and desist from further violations.
7-0
L-E
Motions and Other Matters
3
PCB 94-292
Ernie and Frank Tagliere d/b/a Ravinia Auto Service Center v.
IEPA – The Board granted petitioner’s motion for voluntary
dismissal of this underground storage tank appeal involving a Lake
County facility.
7-0
UST Fund
PCB 96-180
Environmental Site Developers, Inc. v. White & Brewer Trucking,
Inc. – The Board granted the parties’ joint motion to dismiss this
citizen water enforcement action and counter-complaint involving
a Montgomery County facility.
7-0
W-E
Citizens
PCB 97-2
People of the State of Illinois v. Jersey Sanitation Corporation
–
No action taken.
A,W&L-E
PCB 97-103
People of the State of Illinois v. State Oil Company, William
Anest, f/d/b/a S & S Petroleum Products, Peter Anest, f/d/b/a S &
S Petroleum Products, Charles Abraham, Josephine Abraham, and
Milstream Service, Inc.; Charles Abraham, Josephine Abraham,
and Millstream Services, Inc., Cross-Complainants v. William
Anest and Peter Anest, Cross-Respondents – No action taken.
L&W-E
PCB 98-148
People of the State of Illinois v. Doren Poland, Lloyd Yoho, and
Briggs Industries, Inc. a.k.a. Briggs Plumbing Products, Inc.;
Briggs Industries, Inc., Third-Party Complainant v. Loren West
and Abingdon Salvage Company, Inc., Third-Party Respondents
–
No action taken.
L-E
PCB 99-74
General Mills Operations, Inc. v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this trade secret
appeal involving a Kane County facility.
7-0
T-S
PCB 00-67
People of the State of Illinois v. American Disposal Company and
Consolidated Rail Corporation – No action taken.
RCRA-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, Inc. – The Board
granted complainant's motion to voluntarily dismiss this noise
enforcement action against respondents, Waste Management of
Illinois, Inc. and Mundelein Disposal. This citizen noise
enforcement action shall proceed to hearing against the remaining
respondents.
7-0
Citizens
N-E
4
PCB 00-181
MDI Limited Partnership #42 v. Regional Board of Trustees for
Boone and Winnebago Counties and the Board of Education of
Belvidere District 100 – No action taken.
UST-E
Citizens
PCB 00-188
Ozinga Transportation Services v. IEPA
– The Board granted
respondent’s motions for summary judgment, to strike, and for
leave to file a surreply. The Board denied petitioner’s cross motion
for summary judgment. The Board affirmed the respondent’s April
3, 2000 denial of petitioner’s claim for reimbursement.
6-0
Tristano
abstained
UST Fund
PCB 01-66
People of the State of Illinois v. Camelot Enterprises, Inc., Stephen
Einfeldt individually and as president of Camelot Enterprises, Inc.,
Ivan Johnson individually and as co-owner of Camelot Enterprises,
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 Kankakee
County facility, the Board ordered publication of the required
newspaper notice.
7-0
W-E
PCB 01-154
David P. Houghtaling v. Tire Management, Inc. – No action taken.
A-E
Citizens
PCB 02-5
People of the State of Illinois v. Environmental Management &
Abatement, Inc., and Danny G. Kohrdt individually and as
President of Environmental Management & Abatement, Inc. - The
Board denied respondent’s motions to strike and directed that this
matter proceed to hearing.
7-0
L-E
PCB 02-8
People of the State of Illinois v. Royster-Clark, Inc.
– No action
taken.
W-E
PCB 02-11
Doris Glave v. Brent and Patty Harris and Winds Chant Kennel,
Inc. – No action taken.
N-E
Citizens
PCB 02-14
Ila M. Neathery and Denise C. Fleck v. Greg and Karen Bouillon
d/b/a Thirsty’s, and Terrill L. and Sarah E. Loving – The Board
granted complainants’ motion to dismiss this citizen noise
enforcement action involving a Sangamon County facility.
7-0
N-E
Citizens
5
PCB 02-21
People of the State of Illinois v. J&F Hauling, Inc.
– No action
taken.
RCRA-E
PCB 02-27
Rezmar Corporation 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.
6-0
Melas
abstained
UST Fund
PCB 02-33
Dynegy Midwest Generation, Inc. – 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 Madison
County facility.
7-0
P-A
PCB 02-41
Milton C. and Virginia L. Kamholz v. Lawrence and Mariane
Sporleder – No action taken.
A&N-E
Citizens
PCB 02-58
Sauer-Danfoss (US) Company v. IEPA – Respondent’s motion to
extend time for filing record was referred to the hearing officer for
disposition.
UST Appeal
PCB 02-65
GBF Graphics, Inc. v. IEPA – No action taken.
A-V
PCB 02-69
Fairview Acres, Inc. v. IEPA – The Board found and certified that
specified facilities of Fairview Acres, Inc., located in Logan
County are “pollution control facilities” for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2000)).
7-0
T-C
PCB 02-70
Bruce Duesterhaus-Fowler v. IEPA
– The Board found and
certified that specified facilities of Bruce Duesterhaus-Fowler
located in Adams County are “pollution control facilities” for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2000)).
7-0
T-C
6
PCB 02-71
People of the State of Illinois v. FIC America Corporation
– The
Board accepted for hearing this water enforcement action
involving a DuPage County facility.
7-0
W-E
PCB 02-72
Aux Sable Liquid Products v. IEPA
– The Board found and
certified that specified facilities of Aux Sable Liquid Products
located in Grundy County are “pollution control facilities” for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2000)).
7-0
T-C
PCB 02-73
People of the State of Illinois v. Bernie C. Morris
– The Board
accepted for hearing this water enforcement action involving a
Edgar County facility.
7-0
W-E
PCB 02-74
Dan & Jackie Borrowman Farm v. IEPA – The Board found and
certified that specified facilities of Dan & Jackie Borrowman Farm
located in Pike County are “pollution control facilities” for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2000)).
7-0
T-C
PCB 02-75
Spectrum Preferred Meats, Inc.-Mt. Morris v. IEPA – The Board
found and certified that specified facilities of Spectrum Preferred
Meats, Inc.-Mt. Morris located in Ogle County are “pollution
control facilities” for the purpose of preferential tax treatment
under the Property Tax Code (35 ILCS 200/11-10 (2000)).
7-0
T-C
PCB 02-76
The American Coal Company-Galatia v. IEPA – The Board found
and certified that the specified perimeter ditch of the American
Coal Company-Galatia located in Saline County is a “pollution
control facility” for the purpose of preferential tax treatment under
the Property Tax Code (35 ILCS 200/11-10 (2000)). The Board
opened a separate docket PCB 02-83 to address petitioner’s request
for preferential tax certification for its landfill.
7-0
T-C
PCB 02-77
People of the State of Illinois v. Millenium Recycling & Solid
Waste Consultants, Inc. – The Board accepted for hearing this land
enforcement action involving a Cook County facility.
7-0
L-E
7
PCB 02-78
Ecolab, Inc. v. Occidental Chemical Corporation
– The Board held
for a later duplicitous/frivolous determination this citizen’s
underground storage tank enforcement action involving a Cook
County facility.
UST-E
Citizens
PCB 02-79
People of the State of Illinois v. Walter Deemie d/b/a River City
Demolition – The Board accepted for hearing this land
enforcement action involving a Peoria County facility.
7-0
A-E
PCB 02-83
The American Coal Company-Galatia v. IEPA – The Board
opened a docket to address petitioner’s request for preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10
(2000)) for its facility located in Saline County. Petitioner must
file a petition to contest with the Clerk of the Board within 35 days
after the respondent served the recommendation. If petitioner fails
to timely file a petition, the Board may deny tax certification for
the landfill based solely on respondent’s recommendation.
7-0
T-C
A
DJOURNMENT
OTHER ITEMS
Closed Deliberative Session for December 27, 2001, is cancelled.
Moved and seconded, by a vote of 7-0, Chairman Manning adjourned the meeting at
11:50.a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the
above minutes were approved this 10th day of January 2002 by a vote of.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
8
