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

R01-13
R02-3
1. In the Matter of: Wastewater Pretreatment Update
R02-13
1. In the Matter of: UST Update, USEPA Amendments
R02-14
R02-15
R02-16
R02-17
R02-18
AS 01-9
AC 02-22
AC 02-23
AC 02-28
PCB 00-67
1. City of Streator v. IEPA –The Board granted petit
PCB 00-67
PCB 00-133
PCB 00-181
PCB 01-128
1. B.L.T., Inc. v. Sixth Street Developers, ORF, Inc
PCB 01-154
1. David P. Houghtaling v. Tire Management, Inc. – T
2. People of the State of Illinois v. Stein Steel Mi
3. People of the State of Illinois v. Royster-Clark,
4. Rebecca S. Lawrence v. Northpoint Grade School –
PCB 02-11
1. Doris Glave v. Brent and Patty Harris and Winds Chant Kennel, Inc. - No action taken.
2. People of the State of Illinois v. J&F Hauling, I
PCB 02-42
PCB 02-45
PCB 02-61
PCB 02-62
PCB 02-64
PCB 02-65
1. GBF Graphics, Inc. v. IEPA – The Board found the
PCB 02-81
PCB 02-84
R02-1
R02-12

ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

JANUARY 10, 2002

CHICAGO OFFICE-100 West Randolph

VIDEO CONFERENCE ROOM 11-512

SPRINGFIELD OFFICE-600 South Second Street

VIDEO CONFERENCE ROOM 402

ANNOUNCEMENTS

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

staff to the meeting. The Chairman stated that Member Johnson was absent and that Member

Flemal would be moving his orders.

The Clerk of the Board called the roll. All Board Members answered present except for Board

Member Johnson who was absent.

APPROVAL OF MINUTES

Minutes of the December 20, 2001 meeting were approved by a vote of 6-0.

RULEMAKINGS

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

Code 302.105, 303.205, 303.206, and 106.990 – 106.995) – No

In the Matter of: Wastewater Pretreatment Update, USEPA

Amendments (January 1, 2001, through June 30, 2001) – The

Board adopted a final opinion and order in this “identical-in-

substance” rulemaking to amend the Board’s wastewater

pretreatment regulations.

In the Matter of: UST Update, USEPA Amendments (July 1,

2001, through December 31, 2001) – 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, 2001, through December 31, 2001.

In the Matter of: Wastewater Pretreatment Update, USEPA

Amendments (July 1, 2001, through December 31, 2001) - 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, 2001, through December 31,

In the Matter of: Definition of VOM Update, USEPA

Amendments (July 1, 2001, through December 31, 2001) - 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, 2001, through December 31,

In the Matter of: SDWA Update, USEPA Amendments (July 1,

2001, through December 31, 2001) - 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, 2001, through December 31, 2001.

In the Matter of: UIC Update, USEPA Amendments (July 1, 2001,

through December 31, 2001) - 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,

2001, through December 31, 2001.

In the Matter of: RCRA Subtitle D (Municipal Solid Waste

Landfill), USEPA Amendments (July 1, 2001, through December

31, 2001) - 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, 2001, through

December 31, 2001.

ADJUSTED STANDARDS

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) – The Board granted this Jersey County

facility an adjusted standard from the definition of solid waste,

pursuant to 35 Ill Adm. Code 720.131(c), subject to conditions.

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 302.208 and 304.105 – The Board granted this Cook

County facility an adjusted standard from the effluent discharge

requirement, pursuant to 35 Ill Adm. Code 304.105, subject to

conditions. The Board denied as unnecessary petitioner’s request

for an adjusted standard from 35 Ill. Adm. Code 302.208.

In the Matter of: Material Service Corporation Petition for an

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

304.105 - The Board held this matter pending receipt of the Illinois

Environmental Protection Agency’s recommendation in this

petition for an adjusted standard from the effluent discharge

requirements, on behalf of a Cook County facility. Board Member

Melas recused himself from this matter.

ADMINISTRATIVE CITATIONS

County of Sangamon v. Everett Daily – The Board granted

complainant’s motion for summary judgment and denied

respondent’s motion for summary judgment. The Board found that

this Sangamon County respondent violated Sections 21(p)(1) and

(p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2000)), and ordered

respondent to pay a civil penalty of $3,000

IEPA v. Bradney Luckhart – The Board accepted respondent’s

amended petition for review and ordered this matter to proceed to

IEPA v. Housewright Lumber Co., William A. Housewright, and

George Hartmann – The Board granted complainant’s motion to

dismiss respondent George Hartmann from this proceeding.

IEPA v. Charles F. Kinsel – The Board found that this Fulton

County respondent violated Section 21(p)(1) of the Act (415 ILCS

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

IEPA v. Kim Joines – The Board found that this Douglas County

respondent violated Sections 21(p)(1) and (p)(3) of the Act (415

ILCS 5/21(p)(1), (p)(3) (2000)), and ordered respondent to pay a

civil penalty of $3,000

IEPA v. Larry Beam – The Board accepted an administrative

citation against this Henry County respondent.

IEPA v. Environmental Reclamation Company and Gene Stacey –

The Board accepted an administrative citation against these Coles

County respondents.

IEPA v. City of Wenona – The Board accepted an administrative

citation against this Marshall County respondent.

IEPA v. William Plank – The Board accepted an administrative

citation against this Douglas County respondent.

People of the State of Illinois v. American Disposal Company and

Consolidated Rail Corporation – In this Resource Conservation

and Recovery Act 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) (2000)), accepted

a final stipulation and settlement agreement for the Consolidated

Rail Corporation. (Conrail) only, ordered Conrail to pay a civil

penalty of $5,000, and to cease and desist from further violations.

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

subject to conditions, from 35 Ill. Adm. Code 306.402,

allow the Super 8 Motel and the Kroger strip mall to connect to

petitioner’s sewage treatment plant in LaSalle County, Illinois.

ADJUDICATORY CASES

Provisional Variances

Garrett Aviation, Inc. v. IEPA – Upon receipt of an Illinois

Environmental Protection Agency recommendation, the Board

granted a 30-day provisional variance to this Sangamon County

facility from the 90-day limitation on the accumulation of

hazardous wastes, as set forth in 35 Ill. Adm. Code 722.134(b).

Motions and Other Matters

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.

People of the State of Illinois v. Panhandle Eastern Pipe Line

Company – The Board granted respondent’s motion for

reconsideration and modification of the “cease and desist” portion

of the Board’s November 15, 2001 Order in this matter. The Board

found that respondent violated Sections 9(b), 9.1(d)(1), and

9.1(d)(2) of the Environmental Protection Act (415 ILCS 5/9(b),

9.1(d)(1), 9.1(d)(2) (2000)) and ordered the respondent to pay

$850,000 in civil penalties and $115,750.25 in costs and attorney

fees. The modified order adds a new paragraph 3 setting new

deadlines for respondent to obtain permits and to make equipment

People of the State of Illinois v. American Disposal Company and

Consolidated Rail Corporation - No action taken on the for

summary judgement concerning American Disposal Company.

People of the State of Illinois v. John A. Gordon, P.E., and Gordon

& Price, 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 Lawrence County facility, the Board ordered

publication of the required newspaper notice.

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, et al. v. 4T’s Management,

L.L.C. – No action taken.

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.

B.L.T., Inc. v. Sixth Street Developers, ORF, Inc., Roland

Industries, Inc., VT Properties, Inc., and Freesen, Inc. – No action

David P. Houghtaling v. Tire Management, Inc. – The Board

granted respondent's motion to dismiss this citizen noise

enforcement action involving a Kane County facility.

People of the State of Illinois v. Stein Steel Mill Services, Inc. –

No action taken.

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

Rebecca S. Lawrence v. Northpoint Grade School – No action

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

Inc. - No action taken.

People of the State of Illinois v. J&F Hauling, Inc. – The Board

granted complainant’s 30 days to provide proof of proper service.

The Board reserved ruling on the complainant’s motion to deem

facts admitted and for summary judgment.

Forest Preserve District of Cook County (Rolling Meadows) 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

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

Sporleder – The Board found that the alleged violations Section

9(a) of the Act (415 ILCS 5/9(a) (2000), and Sections 900.102 and

901.102(a) of the Board’s regulations (35 Ill. Adm. Code 900.102,

901.102(a)) were neither duplicitous nor frivolous, dismissed the

alleged violations of Sections 201.102 and 243.102(a) (35 Ill.

Adm. Code 201.102, 243.102(a)) as frivolous, and accepted this

matter involving a McHenry County facility for hearing.

City of Canton v. IEPA – The Board accepted petitioner’s

amended petition in response to December 6, 2001 Board order,

noting that it restarted the Board’s decision timeclock.

Heritage Environmental Services, Inc. v. IEPA – Having

previously granted a request for a 90-day extension, the Board

dismissed this matter because no Resource Conservation and

Recovery Act permit appeal was filed on behalf of this Cook

County facility.

Amtrak v. IEPA – Upon receipt of petitioner’s letter dated January

4, 2002, the Board dismissed as unnecessary this request for a 90-

day extension of time to file an underground storage tank appeal on

behalf of this Cook County facility.

Amtrak v. IEPA – Upon receipt of petitioner’s letter dated January

4, 2002, the Board dismissed as unnecessary this request for a 90-

day extension of time to file an underground storage tank appeal on

behalf of this Cook County facility.

McNeill Twins Oil Company v. IEPA – The Board accepted for

hearing this underground storage tank appeal involving a

Whiteside County facility.

GBF Graphics, Inc. v. IEPA – The Board found the petition

deficient in this air variance request involving a Cook County

facility, and ordered petitioner to file an amended petition to cure

specified deficiencies no later than February 24, 2002, or the

petition would be subject to dismissal.

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.

People of the State of Illinois v. Caterpillar, 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 a Tazewell County facility, the

Board ordered publication of the required newspaper notice.

People of the State of Illinois v. Tosco Refining Company – Upon

receipt of a proposed stipulation and settlement agreement and an

agreed motion to request relief from the hearing requirement in this

Resource Conservation and Recovery Act enforcement action

involving a Madison County facility, the Board ordered

publication of the required newspaper notice.

People of the State of Illinois v. Di Paolo Company – 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 Lake County facility, the Board

ordered publication of the required newspaper notice.

Chairman Manning excused herself from the meeting to take an

urgent phone call. Board Member Girard assumed the Chair at her

People of the State of Illinois v. Bill Palmer d/b/a Commercial

Group, Frank Glosky d/b/a Glosky Realty, and R.A.S.

Development, Inc. – The Board accepted for hearing this water

enforcement action involving a Kendall County facility.

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.

Lockformer Company v. IEPA – The Board accepted for hearing

this site remediation program appeal involving a DuPage County

City of Salem v. IEPA – The Board accepted for hearing this

request for variance involving a Marion County public water

City of Centralia v. IEPA – The Board accepted for hearing this

request for variance involving a Marion County public water

Sandra Stanton v. Mrs. Jessie Oyston, Mayor (Village of Buckner)

– The Board held for a later duplicitous/frivolous determination

this citizen’s air enforcement action involving a Franklin County

Chairman Manning returned to the meeting and resumed chairing

Tri County FS, Inc. v. IEPA – The Board found and certified that

specified facilities of Tri County, Inc. located in Jersey County are

“pollution control facilities” for the purpose of preferential tax

treatment under the Property Tax Code (35 ILCS 200/11-10

Rezmar Corporation 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.

Wareco Service, Inc. v. IEPA – The Board accepted for hearing

this underground storage tank appeal involving a Knox County

CASES PENDING DECISION

In the Matter of: RCRA Subtitle C Update, USEPA Amendments

(January 1, 2001, through June 30, 2001); In the Matter of: RCRA

Subtitle C Update, USEPA Amendments (July 1, 2001, through

December 31, 2001); In the Matter of: UIC Update, USEPA

Amendments (July 1, 2001, through December 31, 2001) –

Consolidation Order, Proposed Rule, Proposal for Public

Comment, Opinion and Order

ADJOURNMENT

Moved and seconded, by a vote of 6-0,

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 24th day of January 2002 by a vote of.