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

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ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

FEBRUARY 7, 2002

SPRINGFIELD OFFICE

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.

The Administrative Assistant to the Chairman called the roll and all Board Members answered

APPROVAL OF MINUTES

No action taken.

RULEMAKINGS

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

Amendments to 35 Ill. Adm. Code 817.101 – The Board dismissed

this petition of the Illinois Cast Metals Association to amend 35 Ill.

Adm. Code 817.101.

ADJUSTED STANDARDS

In the Matter of: Petition of City of Elgin for an Adjusted Standard

from 35 Ill. Adm. Code 304.125 and 35 Ill. Adm. Code 302.204 –

The Board granted this Kane County facility’s motion to withdraw

its request for an adjusted standard from the pH water quality

standard and effluent limitation found at 35 Ill. Adm. Code 304.125

In the Matter of: Petition of Borden Chemicals & Plastics

Operating Limited Partnership for an Adjusted Standard from 35

Ill. Adm. Code 304.105 as it Applies to 35 Ill. Adm. Code

302.211(B)-(E) – The Board granted this Sangamon County facility

an adjusted standard from the heated effluent discharge

requirement, pursuant to 35 Ill Adm. Code 302.211(B)-(E), subject

In the Matter of: Petition of World Recycling, Inc. d/b/a Planet

Earth Antifreeze for an Adjusted Standard from 35 Ill. Adm. Code

720.131(c) – Pending receipt of the certificate of publication, the

Board held this Winnebago County facility’s petition for a waste

delisting under the hazardous waste regulations.

In the Matter of: Petition of Ford Motor Company (Chicago

Assembly Plant) for an Adjusted Standard from 35 Ill. Adm. Code

218.986 – Pending receipt of the certificate of publication, the

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

standard from the air pollution control regulations.

ADMINISTRATIVE CITATIONS

IEPA v. Kishwaukee Auto Parts – The Board dismissed this

administrative citation against this Winnebago County respondent,

finding that the violation resulted from “uncontrollable

circumstances” within the meaning of Section 31.1(d)(2) of the

Environmental Protection Act. 415 ILCS 5/31.1(d)(2) (2000).

IEPA v. Marvin Hammack and Doris Baker – In response to a joint

stipulation and settlement agreement in this administrative citation

action involving a Schuyler County facility, the Board found

respondents violated Section 21(p)(1) of the Environmental

Protection Act (Act) (415 ILCS 5/21(p)(1) (2000)) and ordered

respondents to pay a civil penalty of $1,500. The Board also

granted the parties’ joint motions to dismiss respondents’ petition

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

IEPA v. Environmental Reclamation Company and Gene Stacey –

The Board found that these Coles County respondents’ violated

Sections 21(o)(5) and (o)(12) of the Act (415 ILCS 5/21(o)(5),

(o)(12) (2000)), and ordered respondents to pay a civil penalty of

IEPA v. Manzell Lawson, Sr. – The Board accepted an

administrative citation against this Peoria County respondent.

IEPA v. E. Lewis Look – The Board accepted an administrative

citation against this Peoria County respondent.

IEPA v. Trevor Pearce – The Board accepted an administrative

citation against this Clay County respondent.

City of Chicago Department of Environment v. Edward F. Glascott

– The Board accepted an administrative citation against this Cook

County respondent.

Ogle County Solid Waste Management Department v. Lawrence

and Eleanora Sandahl – The Board accepted an administrative

citation against these Ogle County respondents.

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

& Price, Inc. – In this public water supply enforcement action

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

desist from further violations.

Vandalia Community School District #203 v. IEPA – The Board

dismissed this matter for failure to file an amended petition as

ordered on November 1, 2001.

People of the State of Illinois v. Bernie C. Morris – In this water

enforcement action concerning a Edgar 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 $2,500, and to cease and

desist from further violations.

People of the State of Illinois v. DiPaolo Company – In this water

enforcement action concerning a Lake 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 $9,000, and to cease and

desist from further violations.

ADJUDICATORY CASES

Motions and Other Matters

Vogue Tyre & Rubber Company v. IEPA – 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. Old World Industries, Inc., and

Specialty Sealant Tapes, Inc. – No action taken.

People of the State of Illinois v. Peabody Coal Company – The

Board granted respondent’s attorney’s motion to appear p

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

The Board denied complainant's motion for summary judgment and

ordered respondent to have its attorney file an appearance in this

E.G. Vogt Oil Company, Inc. v. IEPA – The Board granted

respondent’s motion for leave to file instanter the Illinois

Environmental Protection Agency Record in this matter.

Freeburg Investors Group, Inc. v. IEPA – The Board granted

respondent’s motion for leave to file instanter the Illinois

Environmental Protection Agency Record in this matter.

East Side Acquisitions, Inc. d/b/a State Street Shell v. IEPA – The

Board granted respondent’s motion for leave to file instanter the

Illinois Environmental Protection Agency Record in this matter.

Linnemann Oil Company v. IEPA – The Board granted

respondent’s motion for leave to file instanter the Illinois

Environmental Protection Agency Record in this matter.

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. – The Board denied respondent’s motion for summary

judgment in this citizens’ noise enforcement action involving a

Kankakee County facility.

Granite City Sheet Metal v. IEPA – The Board granted

respondent’s motion for leave to file instanter the Illinois

Environmental Protection Agency Record in this matter.

L. Wolf Company v. IEPA – The Board’s order noted that the

Illinois Environmental Protection Agency Record in this matter had

not been filed and directed that it be filed.

E.G. Vogt Oil Company, Inc. v. IEPA – The Board granted

respondent’s motion for leave to file instanter the Illinois

Environmental Protection Agency Record in this matter.

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. Fox River Water Reclamation

District – 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 Kane

County facility, the Board ordered publication of the required

newspaper notice.

Bulkoa, Inc. v. IEPA – No action taken.

Richard G. Cotterman v. Jackson Farms – The Board granted

complainant’s motion to dismiss this citizen’s air and noise

enforcement action involving a Macoupin County facility.

Village of Park Forest v. Sears, Roebuck and Company – The

Board granted respondent’s’ motion to delete the not “subject to

disclosure” designation of all past and future filings before the

Board and directed the hearing officer to reschedule the February

20, 2002 hearing date.

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

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

Christian County, PrairieLand Construction, Inc., and Rich

Williams & Associates, Architects – No action taken.

People of the State of Illinois v. Marc Development Corporation

and Silver Glen Estates Homeowners’ Association – No action

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

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

Vandalia C.U.S.D. 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 Fayette

County facility.

E&L Trucking Company v. IEPA – No action taken.

Lockformer Company v. IEPA – No action taken.

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

Tri County FS, Inc. (Jersey County) v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s corrected

recommendation, the Board found and certified that specified

facilities of Tri County FS, 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

Midwest Illinois Auto/Truck Plaza, Inc. v. IEPA – No action taken.

Tri County FS, Inc. (Calhoun County) v. IEPA – The Board found

and certified that specified facilities of Tri County FS, Inc. located

in Calhoun County are “pollution control facilities” for the purpose

of preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2000)).

Principia College 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 Jersey County facility.

E&L Trucking Company v. IEPA – No action taken.

E/M Coatings v. IEPA - The Board found and certified that

specified facilities of E/M Coating located in DuPage County are

“pollution control facilities” for the purpose of preferential tax

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

Midway Oil Company v. IEPA – The Board granted respondent’s

motion to dismiss this request for 90-day extension of appeal

Metropolitan Water Reclamation District of Greater Chicago (Egan

Plant, Schaumburg) v. IEPA – The Board accepted for hearing this

permit appeal involving a Cook County facility.

Southern Illinois University, Edwardsville v. IEPA – The Board

granted this request for a 90-day extension of time to file a permit

appeal on behalf of this Madison County facility.

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

permit appeal involving an Adams County facility.

Midway Oil 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 Rock Island County facility.

Saline County Landfill, Inc. v. IEPA – The Board accepted for

hearing this permit appeal involving a Saline County facility and

granted petitioner’s motion for expedited review.

ADJOURNMENT

Moved and seconded, by a vote of 7-0, Chairman Manning adjourned the meeting at

11:55 a.m. to an Executive Session.

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.