The following is the Illinois Pollution Control Board's tentative agenda for its April 4, 1996 Board meeting. The actual A...

In the Matter of: Proposed Amendments to Tiered
In the Matter of: Revisions to Antidegradation R
In the Matter of: Proposed MTBE Groundwater Qual
In the Matter of: Enhanced Vehicle Inspection an
IEPA v. Brad Krstic – The Board accepted this pet
IEPA v. Bradney Luckhart – The Board ordered resp
City of Charleston v. IEPA – The Board granted pe
People of the State of Illinois v. Brake’s Enterp
ESG Watts, Inc. \(Sangamon Valley Landfill\) v
People of the State of Illinois v. N.E. Finch and
Robert and Yvonne Gardner v. Township High School
ESG Watts, Inc. v. IEPA –The Board denied petitio

ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

DECEMBER 6, 2001 SPRINGFIELD OFFFICE

600 South Second Street – Suite 403

Hearing Room

ANNOUNCEMENTS

After calling the meeting to order, Chairman Manning welcomed members of the public and

staff to the meeting. Chairman Manning then introduced recently appointed Board Member

Michael Tristano, who would abstain from voting. The Chairman noted that Member Johnson

was absent and that Member Flemal would be moving his orders.

The Administrative Assistant to the Chairman called the roll. All Board Members answered

present except for Board Member Johnson who was absent.

APPROVAL OF MINUTES

Minutes of the November 15, 2001 meeting were approved by a vote of 5-0.

RULEMAKINGS

In the Matter of: Proposed Amendments to Tiered Approach to

Corrective Action Objectives (TACO) (MTBE): 35 Ill. Adm.

Code 742 – The Board adopted a second notice opinion and order

in this rulemaking which proposes to add methyl tertiary-butyl

ether (MTBE) as a contaminant to be tested for under the TACO

In the Matter of: Revisions to Antidegradation Rules: 35 Ill. Adm.

Code 302.105, 303.205, 303.206, 102.800, 102.810, 102.820, and

102.830 – Board adopted a second notice opinion and order in this

matter to amend the Board’s antidegradation water regulations.

In the Matter of: Proposed MTBE Groundwater Quality Standards

Amendments: 35 Ill. Adm. Code 620 – The Board adopted a

second notice opinion and order in this rulemaking to amend the

Board’s public water supply regulations by adding a groundwater

quality standard for methyl tertiary-butyl ether (MTBE).

In the Matter of: Enhanced Vehicle Inspection and Maintenance

(I/M) Regulations: Amendments to 35 Ill. Adm. Code Part

240.191-240.193) – The Board adopted a final opinion and order

in this rulemaking to amend the Board’s air pollution control

regulations as required under the Vehicle Code .

In the Matter of: Amendments to General Permitting Provisions

for Portable Emission Units: Amendments to 35 Ill. Adm. Code

201 – The Board accepted for hearing the Illinois Environmental

Protection Agency’s November 30, 2001 proposal to amend the

Board’s air pollution control regulations.

In the Matter of: Water Quality Triennial Review: Amendments

to 35 Ill. Adm. Code 302.208(e)-(g), 302.504(a), 302.575(d),

303.444, 309.141(h); and Proposed 35 Ill. Adm. Code 301.267,

301.313, 301.413, 304.120, and 309.157 – The Board accepted for

hearing the Illinois Environmental Protection Agency’s November

9, 2001 proposal to amend the Board’s water pollution control

ADJUSTED STANDARDS

In the Matter of: Petition of Dixon Marquette Cement Company

for Adjusted Standard from 35 Ill. Adm. Code Parts 811 and 814

– The Board granted the parties’ joint stipulation to correct caption

and pleadings to show Prairie Material Sales, Inc. as petitioner and

dismissed Dixon Marquette Cement Company from this matter.

In the Matter of: Material Service Corporation Petition for an

Adjusted Standard From 35 Ill. Adm. Code 302.208, 406.202 and

304.105 – Pending receipt of the certificate of publication, the

Board held this Cook County facility’s petition for an adjusted

standard from the water regulations.

ADMINISTRATIVE CITATIONS

County of Sangamon v. Everett Daily – No action taken.

IEPA v. Alan Smith – The Board accepted for hearing this petition

for review of an administrative citation against this Champaign

County respondent.

IEPA v. City of Eldorado – In response to a joint stipulation and

settlement agreement in this administrative citation action

involving a Saline County facility, the Board found respondent

violated Section 21(p)(3) of the Environmental Protection Act

(Act) (415 ILCS 5/21(p)(3) (2000)) and ordered respondent to pay

a civil penalty of $3,000. The Board also granted the parties’ joint

motions to dismiss respondent’s petition for review and the alleged

violation of Section 21(p)(1), (p)(4), and (p)(7) of the Act. 415

ILCS 5/21(p)(1), (p)(4), (p)(7) (2000).

IEPA v. Terry and Latisha Springer – The Board dismissed

respondent’s petition for review for failure to file an amended

petition by November 22, 2001 as ordered on October 18, 2001.

The Board found that these Jersey County respondents violated

Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2000)), and

ordered respondents to pay a civil penalty of $1,500

IEPA v. Knox County Landfill Committee – The Board found that

this Knox County respondent violated Sections 21(o)(5) and

21(o)(12) of the Environmental Protection Act (Act) (415 ILCS

5/21(o)(5) and (o)(12)(2000)), and ordered respondent to pay a

civil penalty of $1,000

Ogle County v. Steven and Karen Gilbert, and Curtis Nelson – In

response to a joint stipulation and settlement agreement in this

administrative citation action involving a Ogle County facility, the

Board found respondent Curtis Nelson (Nelson) violated Section

21(p)(1) of the Environmental Protection Act (Act) (415 ILCS

5/21(p)(1) (2000)) and ordered Nelson to pay a civil penalty of

$1,500. The Board also granted the parties’ joint motions to

dismiss the alleged violation of Section 21(p)(3) and (p)(7) of the

Act. 415 ILCS 5/21(p)(1), (p)(7) (2000).

IEPA v. Brad Krstic – The Board accepted this petition for review

of an administrative citation against this Mercer County

IEPA v. Bradney Luckhart – The Board ordered respondent to file

an amended petition for review no later than January 5, 2002.

IEPA v. Walter Foster and Tim Brown d/b/a Brown Excavating

and Demolition – The Board found that these Knox County

respondents violated Sections 21(p)(1) and (p)(7) of the Act (415

ILCS 5/21(p)(1), (p)(7) (2000)), and ordered respondents to pay a

civil penalty of $3,000

IEPA v. Housewright Lumber Company, William A. Housewright,

and George Hartmann – No action taken.

IEPA v. Dale Knapp – The Board found that this Peoria County

respondent violated Sections 21(p)(1), (3), and (p)(7) of the Act

(415 ILCS 5/21(p)(1), (3), (p)(7) (2000)), and ordered respondent

to pay a civil penalty of $4,500

IEPA v. Kim Joines – The Board accepted an administrative

citation against this Douglas County respondent.

IEPA v. Robert Dennis – The Board accepted an administrative

citation against this Cass County respondent.

IEPA v. Robert Wiersema – The Board accepted an administrative

citation against this Cook County respondent.

ADJUDICATORY CASES

Community Landfill Company and City of Morris v. IEPA – The

Board affirmed the May 11, 2001 decision of the Illinois

Environmental Protection Agency denying petitioners’

supplemental permit application.

City of Charleston v. IEPA – The Board granted petitioner, a

variance, subject to conditions, from 35 Ill. Adm. Code

for its existing drinking water treatment plant in

Coles County, Illinois.

Provisional Variances

Kimble Glass, Inc. v. IEPA – Upon receipt of an Illinois

Environmental Protection Agency recommendation, the Board

granted this Cook County facility a 45-day provisional variance,

subject to conditions, from the air pollution control regulations set

forth in 35 Ill. Adm. Code 212.321 and conditions 7.5.5(b) and

7.5.6(a) of its Title V Permit.

Motions and Other Matters

Edward Wesolowski; Jacqueline Wesolowski; Will Burgess;

Dorothy Burgess; Frank Rubino; Toby Gruszecki; and Mike

Gruszecki v. U.S. Postal Service, Barrington, Illinois – The Board

granted respondent’s motion to dismiss Toby and Mike Gruszecki

as complainants and the parties’ joint motion to dismiss this citizen

noise enforcement action involving a Cook County facility.

People of the State of Illinois v. Jersey Sanitation Corporation –

No action taken.

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.

People of the State of Illinois v. Doren Poland; Lloyd Yoho; and

Briggs Industries, Inc. – No action taken.

American National Bank and Trust Company of Chicago, a/t/u

Trust No. 10357705 v. Robert Dunham, individually and d/b/a

Dunham Cleaners – The Board granted the parties’ joint motion to

dismiss this citizen this Resource Conservation and Recovery Act

enforcement action involving a Cook County facility.

People of the State of Illinois v. Brake’s Enterprises, Inc. – Upon

receipt of a proposed stipulation and settlement agreement and an

agreed motion to request relief from the hearing requirement in this

underground storage tank enforcement action involving a

Champaign County facility, the Board ordered publication of the

required newspaper notice.

People of the State of Illinois v. American Disposal, Inc. and

Consolidated Rail Corporation – No action taken.

People of the State of Illinois v. Joe Decicco Demolition, Inc. – No

Ozinga Transportation Services v. IEPA – No action taken.

ESG Watts, Inc. (Sangamon Valley Landfill) v. IEPA – The Board

granted petitioner’s motion to voluntarily dismiss PCB 00-206,

PCB 00-207, and PCB 00-208. The Board denied petitioner’s

motions for summary judgment and directed that PCB 01-62, PCB

01-63, and PCB 01-64 they proceed to hearing.

People of the State of Illinois v. N.E. Finch and New Castle

Properties, L.L.C. – The Board granted motion to correct

complainant’s misnomer of New Castle Properties, and correcting

the name to H.S.S Partners.

Robert and Yvonne Gardner v. Township High School District

211, Gerald Chapman, Superintendent – The Board denied

respondent’s motion for summary judgment.

ESG Watts, Inc. v. IEPA –The Board denied petitioner’s motion

for summary judgment.

People of the State of Illinois v. City of Pana, Housing Authority

of Christian County, PrairieLand Construction, Inc. and Rich

Williams d/b/a C.R. Williams & Associates Architects;

PrairieLand Construction, Inc. Cross-Complainant v. City of Pana,

Housing Authority of Christian County, and Rich Williams d/b/a

C.R. Williams & Associates Architects, Cross-Respondents –

Upon receipt of a request for hearing in this matter, the Board

denied parties’motion for relief from hearing requirement. The

Board directed this matter to proceed to hearing.

David P. Houghtaling v. Tire Management, Inc. – No action taken.

People of the State of Illinois v. Environmental Management &

Abatement, Inc., and Danny G. Kohrdt individually and as

President of Environmental Management & Abatement, Inc. – No

People of the State of Illinois v. Royster-Clark, Inc. – No action

Doris Glave v. Brent and Patty Harris and Winds Chant Kennel,

Inc. – No action taken.

Ila M. Neathery and Denise C. Fleck v. Greg and Karen Bouillon

d/b/a Thirsty’s, and Terrill L. and Sarah E. Loving – No action

People of the State of Illinois v. J&F Hauling, Inc. – No action

Mecalux Illinois, 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 Cook County

Milton C. and Virginia L. Kamholz v. Lawrence and Mariane

Sporleder – No action taken.

City of Canton v. IEPA – The Board entered an order directing

petitioner to file an amended petition on or before December 31,

Sauer-Danfoss (US) Company v. IEPA – The Board accepted for

hearing this underground storage tank appeal and granted attorney

for petitioner’s motion to appear

MAC Investments 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.

City of East Moline v. IEPA – The Board granted this request for a

90-day extension of time to file a permit appeal on behalf of this

Rock Island County facility.

Amtrak (Lumber Street Yard, Lust Incident No. 980039) 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.

Amtrak (Lumber Street Yard, Lust Incident Nos. 980038, 982270

and 912018) 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.

People of the State of Illinois v. MII, Inc. – The Board accepted for

hearing this air enforcement action involving a Peoria County

McNeill Twins Oil Company v. IEPA – The Board granted

petitioner 30 days in which to retain an attorney and for that

attorney to file an amended petition for review. If petitioner does

not file an amended petition for review on or before January 5,

2002 this matter will be dismissed, and the docket closed.

GBF Graphics, Inc. v. IEPA – No action taken.

J&J Farms, L.L.C. v. IEPA - The Board found and certified that

specified facilities of J&J Farms, L.L.C. 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

Shinn Lane Production v. IEPA – The Board found and certified

that specified facilities of Shinn Lane Production 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)).

ADJOURNMENT

Moved and seconded, by a vote of 5-0,

Chairman Manning adjourned the meeting at

I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the

above minutes were approved this 20th day of December 2001 by a vote of 6-0.