ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
DECEMBER 7, 2000 SPRINGFIELD OFFICE
600 South Second Street – Suite 403
Hearing Room
11:00 A.M.
ANNOUNCEMENTS
After calling the meeting to order, Chairman Manning welcomed members of the public
and staff to the meeting.
ROLL CALL
The Administrative Assistant to the Chairman called the roll and all Board Members answered
present.
APPROVAL OF MINUTES
Minutes of the November 16, 2000 meeting were approved as amended by a vote of 7-0.
RULEMAKINGS
R00-11
R01-1
(Cons.)
In the Matter of: UIC Update, USEPA Amendments (July 1, 1999,
through December 31, 1999) and In the Matter of: UIC Update,
USEPA Amendments (January 1, 2000, through June 30, 2000) –
The Board adopted a final opinion and order in this “identical-in-
substance” rulemaking to amend the Board’s underground
injection control regulations.
7-0
R, Land
R01-3
In the Matter of: RCRA Subtitle C Update, USEPA Amendments
(January 1, 2000, through June 30, 2000) – The Board adopted a
final opinion and order in this “identical-in-substance” rulemaking
to amend the Board’s hazardous waste regulations.
7-0
R, Land
R01-12
In the Matter of: Enhanced Vehicle Inspection and Maintenance
(I/M) Regulations: Amendments to 35 Ill. Adm. Code Part 240 –
The Board adopted a final opinion and order to amend the Board’s
air pollution control regulations as proposed under the Vehicle
Code.
7-0
R, Air
R01-13
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
motion for a third hearing.
7-0
R, Water
R01-18
In the Matter of: Emergency Rulemaking: Livestock Waste
Regulations (35 Ill. Adm. Code 506) – No action taken.
R, Land
ADJUSTED STANDARDS
AS 96-9
In the Matter of: Petition of Midwest Generation, LLC (formerly
petition of Commonwealth Edison Company) for an Adjusted
Standard from 35 Ill. Adm. Code Parts 811 and 814 – The Board
granted petitioners’ motion to reopen this docket and substitute the
name of Midwest Generation, LLC, for Commonwealth Edison
Company in its August 15, 1996 order.
7-0
Land
AS 99-1
In the Matter of: Petition of the City of Belleville, Illinois for an
Adjusted Standard from 35 Ill. Adm. Code 306.305 - No action
taken.
Water
AS 00-11
In the Matter of: Petition of Bema Film Systems, Inc. for an
Adjusted Standard from 35 Ill. Adm. Code Sections 218.401(a),
(b), and (c) (the “Flexographic Printing Rule”) – No action taken.
Air
AS 00-12
In the Matter of: Petition of Vonco Products, Inc. for an Adjusted
Standard from 35 Ill. Adm. Code Sections 218.401(a), (b), and (c)
(the “Flexographic Printing Rule”) – No action taken.
Air
AS 00-13
In the Matter of: Petition of Formel Industries, Inc. for an
Adjusted Standard from 35 Ill. Adm. Code Sections 218.401(a),
(b), and (c) (the “Flexographic Printing Rule”) – No action taken.
Air
2
AS 01-6
In the Matter of: Petition of Borden Chemicals & Plastics
Operating Limited Partnership for an Adjusted Standard from Ill.
Adm. Code 304.105 as it Applies to 35 Ill. Adm. Code 302.211(B)-
(E) – The Board accepted this request for an adjusted standard on
behalf of this Sangamon County facility and granted petitioner’s
request to incorporate materials from a prior proceeding.
7-0
Water
ADMINISTRATIVE CITATIONS
AC 01-5
IEPA v. Billy Hammond, Sr. – The Board denied respondent’s
motion to dismiss and to add third-party respondents, and directed
that the case proceed to hearing.
7-0
AC 01-6
IEPA v. Jack Busby – The Board denied respondent’s motion to
reconsider its September 21, 2000 order.
7-0
AC 01-10
IEPA v. Environmental Reclamation Company d/b/a ERC Landfill
& Larry Shilling (ERC Landfill) – The Board found that this Coles
County respondent violated Section 21(o)(5) the Act (415 ILCS
5/21(o)(5) (1998)), and ordered respondent to pay a civil penalty
of $500.
7-0
AC 01-12
IEPA v. J&T Recycling and John A. Gordon – The Board accepted
for hearing Williamson County respondent, John A. Gordon’s
petition for review of an administrative citation, noting that a
default order would be issued against the remaining respondent if
no petition for review is filed.
7-0
AC 01-13
IEPA v. The Perron Company & Richard Pearce – The Board
accepted an administrative citation against these Winnebago
County respondents.
AC 01-14
IEPA v. American Disposal Services of Illinois, Inc. & Dave
Bryant – The Board accepted an administrative citation against
these Livingston County respondents.
AC 01-15
IEPA v. Terry Reynolds d/b/a Reynolds Manufactured Homes and
Transport – The Board accepted an administrative citation against
this Union County respondent.
3
AC 01-16
County of Sangamon v. Everett Daily – The Board accepted an
administrative citation against this Sangamon County respondent.
AC 01-17
County of Sangamon v. Everett Daily – The Board accepted an
administrative citation against this Sangamon County respondent
AC 01-18
IEPA v. Joe Alecci – The Board accepted an administrative
citation against this Franklin County respondent.
AC 01-19
IEPA v. William Basil Flynn & Olen G. Parkhill, Jr. – The Board
accepted an administrative citation against these Champaign
County respondents.
Decisions
PCB 00-156
People of the State of Illinois v. Kenneth Minor and Keith Minor,
individually and d/b/a Motorsport Park and Moto Sports, Inc. – In
this water enforcement action concerning a Will County facility,
the Board granted relief from the hearing requirement of Section
31(c)(1) of the Act (415 ILCS 5/31(c)(1) (1998)), accepted a final
stipulation and settlement agreement, ordered the respondents to
pay a civil penalty of $3,000, and ordered respondents to cease and
desist from further violations.
7-0
W-E
PCB 00-172
People of the State of Illinois v. Envirofil of Illinois, Inc. – In this
water enforcement action concerning a McDonough County
facility, the Board granted relief from the hearing requirement of
Section 31(c)(1) of the Act (415 ILCS 5/31(c)(1) (1998)), accepted
a final stipulation and settlement agreement, ordered the
respondent to pay a civil penalty of $45,000, and ordered
respondent to cease and desist from further violations.
7-0
L&W-E
Motions and Other Matters
4
PCB 97-147
People of the State of Illinois v. J.D. Plating Works, Inc. – Upon
receipt of a proposed stipulation and settlement agreement and an
agreed motion to request relief from the hearing requirement in this
water and Resource Conservation and Recovery Act enforcement
action involving a Lake County facility, the Board ordered
publication of the required newspaper notice.
7-0
RCRA,
W-E
PCB 98-113
PCB 99-28
PCB 99-158
(Cons.)
Clayton Chemical Acquisition Limited Liability Company d/b/a
Resource Recovery Group, L.L.C. v. IEPA - No action taken.
P-A, RCRA
PCB 98-169
Union Oil Company of California d/b/a Unocal v. Barge-Way Oil
Company, Inc., Gertrude Kellog, and Joseph Kellogg – No action
taken.
UST-E,
Citizens
PCB 99-138
Hancock Service Company v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this tax certification
appeal involving a Hancock County facility.
7-0
T-C, Appeal
PCB 00-67
People of the State of Illinois v. American Disposal Company and
Consolidated Rail Corporation – The Board denied complainant’s
motion for default judgement, ordering that the case proceed to
hearing.
7-0
RCRA-E
PCB 00-104
People of the State of Illinois v. The Highlands, L.L.C., Murphy
Farms, Inc. a/k/a Murphy Family Farms, and Bion Technologies,
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 Knox
County facility, the Board ordered publication of the required
newspaper notice.
7-0
A-E
PCB 00-109
People of the State of Illinois v. Arturo Rivero d/b/a Swiss
Cleaners – 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 Cook
County facility, the Board ordered publication of the required
newspaper notice.
7-0
A-E
PCB 00-127
People of the State of Illinois v. Dayne Rogers, an individual, and
Black Gold International – No action taken.
L-E, Tires
5
PCB 00-151
People of the State of Illinois v. Cleveland Steel Container
Corporation – 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
Will County facility, the Board ordered publication of the required
newspaper notice.
7-0
A-E
PCB 00-187
Broderick Teaming Company v. IEPA – The Board denied both
parties’ motions for summary judgment and directed this
underground storage tank appeal involving a Cook County facility
to hearing.
7-0
UST-FRD
PCB 00-212
People of the State of Illinois v. Kenneth Morrison – No action
taken.
CR-E
PCB 01-25
Chrysler Realty Corporation v. Thomas Industries, Inc. and TDY
Industries, Inc. – The Board accepted this matter involving a Cook
County facility for hearing, finding that the alleged violations were
neither duplicitous nor frivolous, and granted a motion by
respondent’s counsel to appear
pro hac vice
.
6-1
Flemal
dissented
UST-E,
Citizens
PCB 01-30
Stuart C. Nuss v. Village of Durand – No action taken.
W-E,
Citizens
PCB 01-48
PCB 01-49
(Cons.)
Community Landfill Company and City of Morris v. IEPA – No
action taken.
P-A, Land
PCB 01-52
Perbio Science, AB d/b/a Pierce Chemical Company v. IEPA – No
action taken.
P-A, RCRA
PCB 01-57
G.J. Leasing Company, Inc. v. IEPA – The Board entered an order
directing petitioner to file an amended petition including the
appearance of an attorney within 30 days in this underground
storage tank appeal on behalf of a St. Clair County facility.
7-0
UST-FRD
6
PCB 01-68
Roger Stone v. IEPA and Naperville Park District – The Board
denied petitioner’s motions to declare the challenged NPDES
Permit ineffective and to stay the effectiveness of the permit.
7-0
P-A,
NPDES
PCB 01-71
Wareco Service, Inc. v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Vermilion County facility.
7-0
UST-FRD
PCB 01-77
Village of Park Forest v. Sears, Roebuck & Company – 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 01-83
People of the State of Illinois v. Indiana Harbor Belt Railroad
Company and ACN International, Inc. – The Board accepted for
hearing this Resource Conservation and Recovery Act enforcement
action against these Cook County respondents.
7-0
RCRA-E
PCB 01-84
Wareco Service, Inc. v. IEPA – The Board granted this request for
a 90-day extension of time to file a permit appeal on behalf of this
Morgan
County facility.
7-0
UST-FRD
90-Day Ext.
PCB 01-85
NACME Steel Processing, L.L.C. v. IEPA – The Board accepted
for hearing this permit appeal involving a Cook County facility.
7-0
P-A, Air
PCB 01-86
Robert Gardner and Yvonne Gardner v. Township High School
District 211 and Gerald Chapman, Superintendent – The Board
held for a later duplicitous/frivolous determination this citizens’
noise enforcement action involving a Cook County facility.
N-E,
Citizens
PCB 01-87
Wareco Service, Inc. v. IEPA – The Board granted this request for
a 90-day extension of time to file a underground storage appeal on
behalf of this Fayette
County facility.
7-0
UST-FRD
90-Day Ext.
7
PCB 01-88
IBP, Inc. (Joslin Facility) v. IEPA – The Board granted this request
for a 90-day extension of time to file a permit appeal on behalf of
this Henry
County facility.
7-0
P-A,
90-Day Ext.
PCB 01-89
Nash Petroleum, Inc. v. IEPA – The Board granted this request for
a 90-day extension of time to file a underground storage appeal on
behalf of this Cook
County facility.
7-0
UST-
Appeal
90-Day Ext.
CASES PENDING DECISION
R00-19(A)
In the Matter of: Proposed Amendments to Tiered Approach to
Corrective Action Objectives: 35 Ill. Adm. Code 742
(Environmental Land Use Control (ELUC) Rules: P.A. 91-909) –
Adopted Rule, Final Order, Opinion and Order
R, Land
R00-20
In the Matter of: Revision of the Board’s Procedural Rules: 35 Ill.
Adm. Code 101-130 – Adopted Rule, Final Order, Opinion and
Order
R, Proc.
Rule
R01-8
In the Matter of: Amendments to Diesel Opacity Rules Required
by P.A. 91-254 and P.A. 91-865: Amendments to 35 Ill. Adm.
Code 240 – Adopted Rule, Final Order, Opinion and Order
R, Air
R01-9
In the Matter of: Proposed New 35 Ill. Adm. Code 217.Subpart W,
The NOx Trading Program for Electrical Generating Units, and
Amendments to 35 Ill. Adm. Code 211 and 217 – Adopted Rule,
Final Order, Opinion and Order
R, Air
R01-10
In the Matter of: Natural Gas-Fired, Peak-Load Electrical Power
Generating Facilities (Peaker Plants) – Informational Order
R, Air
R01-11
In the Matter of: Proposed New 35 Ill. Adm. Code 217.Subpart T,
Cement Kilns, and Amendments to 35 Ill. Adm. Code 211 and 217
Proposed Rule, Second Notice, Opinion and Order
R, Air
8
OTHER ITEMS
Chairman’s motion under Section 2(a)(4) of the Open Meetings Act for Closed
Deliberative Sessions to be held on: January 11 and 25; February 8 and 22; March 8, 22, and 29;
April 12 and 26; May 10, 24, and 31; June 14 and 28; July 5 and 19; August 2, 16, and 30;
September 13 and 27; October 11 and 25; November 8 and 29; December 13 and 27, at 10:00
a.m.
ADJOURNMENT
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 21st day of December 2000 by a vote of 7-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
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