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

R97-27
R00-19(C)
R01-13
R01-14
R02-1
R02-12
R02-9
R02-19
PCB 00-67
PCB 00-133
PCB 00-181
PCB 00-202
1. People of the State of Illinois v. American Drive
PCB 01-128
PCB 02-11
1. Doris Glave v. Brent and Patty Harris and Winds C
2. IEPA v. Kishwaukee Auto Parts – Opinion and Order

ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

JANUARY 24, 2002

CHICAGO OFFICE

CONFERENCE ROOM 9-040

ANNOUNCEMENTS

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

staff to the meeting.

The Clerk of the Board called the roll and all Board Members answered present.

APPROVAL OF MINUTES

Minutes of the January 10, 2001 meeting were approved by a vote of 6-0, Board Member

Johnson abstained.

RULEMAKINGS

In the Matter of: Revision of the Waste Disposal Rules:

Amendments to 35 Ill. Adm. Code 817.101 – No action taken.

In the Matter of: Proposed Amendments to Tiered Approach to

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

742 – The Board adopted a final opinion and order in this rulemaking

which added methyl tertiary-butyl ether (MTBE) as a contaminant to

be tested for under the TACO standards.

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

Code 302.105, 303.205, 303.206, and 106.990 – 106.995) – The

Board granted the Illinois Environmental Regulatory Group’s (IERG)

motion to reconsider the Board’s December 6, 2000 opinion and order

in part and will proceed with the suggested language change offered

by IERG to Section 302.105(b)(3). The Board denied the Illinois

Association of Wastewater Agencies and IERG’s remaining motions

to reconsider and IERG’s motion for leave to file a reply.

In the Matter of: Proposed MTBE and Compliance Determination

Amendments to Groundwater Quality Standards: 35 Ill. Adm. Code

620 – The Board adopted a final opinion and order in this rulemaking

which amended the Board’s public water supply regulations by

adding a groundwater quality standard for methyl tertiary-butyl ether

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 and January 22, 2002); In the Matter of: UIC

Update, USEPA Amendments (July 1, 2001, through December 31,

2001) – On its own motion the Board consolidated these “identical-

in-substance” rulemakings and adopted a proposal for public

comment to amend the Board’s hazardous waste and underground

injection control regulations.

In the Matter of: Waste Water Pretreatment Update, USEPA

Amendments (October 3, 2001) – The Board granted the United

States Environmental Protection Agency’s motion for and extended

the public comment period until February 15, 2002.

In the Matter of: Proposed Amendments to Ammonia Nitrogen

Standards 35 Ill. Adm. Code 302.212, 302.213, and 304.122 – The

Board accepted for hearing the Illinois Association of Wastewater

Agencies January 17, 2002 proposal to amend the Board’s water

pollution control regulations. The Board also granted petitioner’s

motion to waive the signature requirement.

ADMINISTRATIVE CITATIONS

IEPA v. Billy Hammond, Sr. – The Board entered an order

requiring respondent to pay

the Board and the Environmental

Protection Agency hearing costs in the amount of $176.82 and

$207.90 respectively, and a civil penalty of $3,000. This order

follows the Board's interim order of November 11, 2001, which

found that this respondent had violated Sections 21(p)(1) and (p)(3)

of the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3)

(2000)) and assessed a penalty of $3,000 at respondent’s Franklin

County facility.

IEPA v. Terry and Letisha Springer – No action taken.

IEPA v. Robert Wiersema – The Board dismissed respondent’s

petition for review for lack of jurisdiction. The Board found that

this Cook County respondent violated Sections 21(p)(1), (p)(4), and

(p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(4), (p)(7) (2000)), and

ordered respondent to pay a civil penalty of $4,500

IEPA v. John Firebaugh – The Board accepted this petition for

review of an administrative citation against this Jefferson County

IEPA v. Larry Beam – The Board found that this Henry County

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

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

respondent to pay a civil penalty of $4,500

IEPA v. Colorado Real Estate & Investment Company – The Board

accepted an administrative citation against this Peoria County

IEPA v. Lewey Shields, Lisa Shields, and Paul Shields – The Board

accepted an administrative citation against these Champaign

County respondents.

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. – In this water enforcement action concerning a Kankakee

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 respondents to pay a total civil

penalty of $10,000, and to cease and desist from further violations.

People of the State of Illinois v. Caterpillar, Inc. – In this air

enforcement action concerning a Tazewell 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 $20,000, and

to cease and desist from further violations.

People of the State of Illinois v. Tosco Refining Company – In this

Resource Conservation and Recovery Act enforcement action

concerning a Madison 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 $25,000, and to cease and

desist from further violations.

ADJUDICATORY CASES

Motions and Other Matters

People of the State of Illinois v. Jersey Sanitation Corporation – No

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. – The Board denied respondent Briggs’

motion for reconsideration but granted its motion for clarification of

the Board’s September 6, 2001 interim opinion and order. The matter

was directed to hearing on issues of technical and monetary relief.

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

Consolidated Rail Corporation – No action taken.

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.

People of the State of Illinois v. American Driveway Maintenance,

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 Winnebago

County facility, the Board ordered publication of the required

newspaper notice

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

Inc., VT Properties, Inc., and Freesen, Inc. – The Board granted

complainants’ motion for voluntary dismissal of this citizen land

enforcement complaint and cross- complaint involving a facility

located in Sangamon County.

People of the State of Illinois v. Patrick Robert Land Trust – No

People of the State of Illinois v. Marc Development Corporation and

Silver Glen Estates Homeowners’ Association – No action taken.

David P. Houghtaling v. Tire Management, Inc. – Respondent’s

motion to withdraw complaint was moot, as the case was dismissed

on January 10, 2002.

People of the State of Illinois v. Stein Steel Mill Services, Inc. – No

People of the State of Illinois v. Royster-Clark, Inc. – The Board

granted complainant’s motion to strike 10 of the 11 affirmative

defenses raised by respondent. The Board denied the complainant’s

motion to strike respondent’s fourth affirmative defense concerning

laches and ordered this matter to proceed to hearing.

Rebecca S. Lawrence v. Northpoint Grade School – The Board

granted complainant’s motion to change hearing officer and denied

respondent’s motion to dismiss.

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

– The Board struck respondents’ the second and third affirmative

defenses, declined to strike the sixth affirmative defense, and

ordered this matter to proceed to hearing.

Marcley Oil Company 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 Kane County facility.

Economy Mechanical Industries, Inc. v. IEPA – The Board accepted

for hearing this underground storage tank appeal involving a Cook

County facility.

Fox River Water Reclamation District (South Plant) v. IEPA – The

Board accepted for hearing this permit appeal involving a Kane

County facility.

People of the State of Illinois v. Bernie C. Morris – 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 Edgar County facility, the Board

ordered publication of the required newspaper notice.

Ecolab, Inc. v. Occidental Chemical Corporation – The Board found

that the alleged violations in the complaint were neither duplicitous

nor frivolous, and accepted for hearing this matter involving a Cook

County facility.

The American Coal Company (Galatia) v. IEPA – The Board

accepted for hearing this tax certification appeal involving a Saline

County facility.

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

The Board held for a later duplicitous/frivolous determination this

citizens air enforcement action involving a Franklin County facility.

Tri County FS, Inc. v. IEPA – No action taken.

Illinois State Toll Highway Authority 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 DuPage County facility.

Case Corporation v. IEPA – The Board accepted for hearing this

permit appeal involving a Rock Island County facility.

Estate of Edmund F. Radkiewicz v. IEPA – The Board accepted for

hearing this underground storage tank appeal involving a DuPage

County facility.

Midwest Illinois Auto/Truck Plaza, Inc. v. IEPA – The Board

granted the parties an additional 14 days to clarify the date of

service on Midwest of the Illinois Environmental Protection Agency

determination dated December 10, 2001 in this joint request for a

90-day extension of time to file an underground storage tank appeal

on behalf of this Bond County facility.

Tri County FS, Inc. v. IEPA – No action taken.

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

specified facilities of Riverview FS, Inc. located in Winnebago

County are “pollution control facilities” for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2000)).

CASES PENDING DECISION

IEPA v. Kishwaukee Auto Parts – Opinion and Order

Vandalia Community School District #203 v. IEPA (due 2/16)

ADJOURNMENT

Moved and seconded, by a vote of 7-0,

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 21st day of February 2002 by a vote of.