ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
NOVEMBER 16, 2000
VIDEO CONFERENCE ROOM - ILLINOIS COMMERCE COMMISSION
STATE OF ILLINOIS BUILDING
160 NORTH LASALLE STREET – 8TH FLOOR – CHICAGO
AND
VIDEO CONFERENCE ROOM – ILLINOIS COMMERCE COMMISSION
527 EAST CAPITOL – 2ND FLOOR – SPRINGFIELD
11:00 A.M.
ANNOUNCEMENTS
After calling the meeting to order, Chairman Manning welcomed members of the public and
staff to the meeting. The Chairman also acknowledged the presence of Rita Mullins, Mayor of
Palatine.
ROLL CALL
The Clerk of the Board called the roll and all Board Members answered present.
APPROVAL OF MINUTES
Minutes of the November 2, 2000 meeting were approved by a vote of 7-0.
RULEMAKINGS
R00-19(A)
In the Matter of: Proposed Amendments to Tiered Approach to
Corrective Action Objectives (TACO): 35 Ill. Adm. Code 742–
The Board adopted a second notice opinion and order which
proposes amendments to the tiered approach to corrective action
objectives (35 Ill. Adm. Code 742). Pursuant to Public Act 91-
909, a portion of the proposed amendments must be adopted by
January 6, 2001. Specifically, the Board has until January 6, 2001,
to adopt regulations pertaining to a new legal instrument called the
“Environmental Land Use Control” or “ELUC.”
7-0
R, Land
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 – The Board proceeded to second notice with
amendments to its regulations on controlling air emissions from
motor vehicles.
7-0
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 – The Board
adopted for second notice a proposal to implement a nitrogen
oxides (NOx) emissions trading program applicable to large fossil
fuel electrical generating units.
7-0
R, Air
ADJUSTED STANDARDS
AS 96-9
In the Matter of: Petition of Commonwealth Edison Company for
an Adjusted Standard from 35 Ill. Adm. Code Parts 811 and 814 –
No action taken.
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 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) – Pending receipt of the certificate of publication, the Board
held this Sangamon County facility’s petition for an adjusted
standard from the Board’s water regulations.
Water
2
ADMINISTRATIVE CITATIONS
AC 01-5
IEPA v. Billy Hammond, Sr. – No action taken.
AC 01-6
IEPA v. Jack Busby – No action taken.
AC 01-9
IEPA v. Larry Cadie d/b/a Cadie Car Hauling – The Board found
that this Boone County respondent violated Section 21(p)(1) of the
Act (415 ILCS 5/21(p)(1) (1998)), and ordered respondent to pay a
civil penalty of $1,500.
7-0
AC 01-11
IEPA v. Waterman Excavating –The Board accepted an
administrative citation against this Montgomery County
respondent.
AC 01-12
IEPA v. J&T Recycling and John Gordon – The Board accepted an
administrative citation against these Williamson County
respondents.
Decisions
PCB 00-86
People of the State of Illinois v. Rodgers Engineering Corporation
– In this air enforcement action concerning a Kane 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 $20,000, and ordered respondent to cease and
desist from further violations.
7-0
A-E
PCB 01-16
Ameren Energy Generating Company v. IEPA – The Board
granted petitioner a variance from the general use water quality
standard for boron found at 35 Ill. Adm. Code 302.208(g) and the
applicable effluent standard found at 35 Ill. Adm. Code 304.105.
7-0
W-V
3
Motions and Other Matters
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 98-148
People of the State of Illinois v. Doren Poland, Lloyd Yoho and
Briggs Industries, Inc.; and Briggs Industries, Inc. v. Loren West
and Abingdon Salvage Company, Inc. – The Board denied Briggs’
motion for summary judgment and ordered the matter to proceed to
hearing as scheduled by the Board’s hearing officer. The Board
accepted the third-party complaints against Loren West and
Abingdon Salvage Company, Inc., and consolidated these matters
into one third-party proceeding.
7-0
L-E
PCB 98-169
Union Oil Company of California d/b/a Unocal v. Barge-Way Oil
Company, Inc., Joseph Kellogg, Nielsen’s Bargeway, and Robert
Nielsen – No action taken.
UST-E,
Citizens
PCB 99-191
People of the State of Illinois v. Panhandle Eastern Pipeline
Company – The Board denied respondent’s motion for judgment in
its favor and ordered the hearing to reconvene as scheduled by the
hearing officer.
7-0
A-E
PCB 00-3
ISC Newco, Inc. v. IEPA – The Board granted petitioner’s motion
for voluntary dismissal of this underground storage tank appeal
involving a Cook County facility.
7-0
UST-FRD
PCB 00-11
Bulkoa, Inc. v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal
involving a Cook County facility.
7-0
UST-FRD
4
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. –
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 Will
County facility, the Board ordered publication of the required
newspaper notice.
7-0
W-E
PCB 00-172
People of the State of Illinois v. Envirofil of Illinois, Inc. – Upon
receipt of a proposed stipulation and settlement agreement and an
agreed motion to request relief from the hearing requirement in this
land and water enforcement action involving a McDonough
County facility, the Board ordered publication of the required
newspaper notice.
7-0
L&W-E
PCB 00-187
Broderick Teaming Company v. IEPA – No action taken.
UST-FRD
PCB 01-25
Chrysler Realty Corporation v. Thomas Industries, Inc. and TDY
Industries, Inc. – No action taken.
UST-E,
Citizens
PCB 01-52
Perbio Science d/b/a Pierce Chemical Company v. IEPA – Having
previously granted a request for a 90-day extension, the Board
dismissed this matter because no permit appeal was timely filed on
behalf of this Winnebago County facility.
7-0
P-A, RCRA
PCB 01-68
Roger Stone v. IEPA and Naperville Park District – No action
taken.
P-A,
NPDES
PCB 01-76
People of the State of Illinois v. John Crane, Inc. – The Board
accepted for hearing this air enforcement action against this Cook
County facility.
7-0
A-E
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
5
PCB 01-78
Morton International, Inc. v. IEPA – The Board granted petitioner
an extension of the time period for filing an appeal in this matter
until December 28, 2000, and the Board granted the motion for in-
house counsel to appear
pro hac vice
on behalf of a McHenry
County facility.
7-0
P-A, Air
90-Day Ext.
PCB 01-79
People of the State of Illinois v. Phillips Pipeline 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 St. Clair County facility, the Board ordered publication
of the required newspaper notice.
7-0
RCRA-E
PCB 01-80
People of the State of Illinois v. Nestle USA, Inc. – The Board
accepted for hearing this water enforcement matter involving a
Tazewell County facility.
7-0
W-E
PCB 01-81
Wareco Service, Inc. v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Rock Island
County County facility.
7-0
UST-
Appeal
PCB 01-82
General Motors Corporation, Electro-Motive Division v. IEPA –
The Board granted this request for a 90-day extension of time to
file a permit appeal on behalf of this Cook County facility.
7-0
P-A, Air
90-Day Ext.
CASES PENDING DECISION
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) –
Adopted Rule, Final Order, Opinion and Order
R, Land
R01-3
In the Matter of: RCRA Subtitle C Update, USEPA Amendments
(January 1,2000, through June 30, 2000) – Adopted Rule, Final
Order, Opinion and Order
R, Land
6
R01-12
In the Matter of: Enhanced Vehicle Inspection and Maintenance
(I/M) Regulations: Amendments to 35 Ill. Adm. Code Part 240 –
Adopted Rule, Final Order, Opinion and Order
R, Air
ADJOURNMENT
Moved and seconded, by a vote of 7-0, Chairman Manning adjourned the meeting at 11:35 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the
above minutes were approved this 7th day of December 2000 by a vote of 7-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
7
