ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
FEBRUARY 21, 2002
CHICAGO OFFICE-100 West Randolph
VIDEO CONFERENCE ROOM 11-512
and
SPRINGFIELD OFFICE-600 South Second Street
VIDEO CONFERENCE ROOM 402
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 Mr. John Scherrill,
Adjunct Professor, University of Illinois at Springfield and his Environmental Policy class.
ROLL CALL
The Clerk of the Board called the roll and all Board Members answered present.
APPROVAL OF MINUTES
Minutes of the January 24, 2002 and February 7, 2002 meetings were approved by a vote of 7-0.
RULEMAKINGS
R01-13
In the Matter of: Revisions to Antidegradation Rules: 35 Ill. Adm.
Code 302.105, 303.205, 303.206, 102.800-102.830 – The Board
adopted a final opinion and order in this matter to amend the
Board’s antidegradation water regulations.
7-0
R, Water
R01-15
In the Matter of: Petition of Amerock Corporation, Rockford
Facility, for a Site-Specific Rulemaking Petition for Amendment to
35 Ill. Adm. Code 304.303 – The Board dismissed this petition of
the Amerock Corporation to amend 35 Ill. Adm. Code 304.303.
7-0
R, Water
Site-
Specific
R01-26
In the Matter of: Amendments to Regulation of Petroleum Leaking
Underground Storage Tanks: 35 Ill. Adm. Code 732 – The Board
adopted a second notice opinion and order in this rulemaking to
amend the Board’s underground storage tank regulations.
7-0
R, Land
R01-27
R01-29
In the Matter of: Site Remediation Program: Amendments to 35
Ill. Adm. Code 740; In the Matter of: Site Remediation Program:
Proposed 35 Ill. Adm. Code 740, Subpart H (Schools) – The Board
adopted a second notice opinion and order in this consolidated
rulemaking to amend the Board’s site remediation program
regulations.
7-0
R, Land
R02-5
In the Matter of: SDWA Update, USEPA Amendments (January 1,
2001 through June 30, 2001; Arsenic Rule) – The Board adopted a
final opinion and order in this identical-in-substance rulemaking to
amend the Board’s public water supply regulations.
7-0
R, PWS
R02-13
In the Matter of: UST Update, USEPA Regulations (July 1, 2001
through December 31, 2001) – The Board dismissed this reserved
identical-in-substance docket because the United States
Environmental Protection Agency did not amend its underground
storage tank regulations during the update period.
7-0
R, Land
R02-14
In the Matter of: Wastewater Pretrearment Update, USEPA
Amendments (July 1, 2001 through December 31, 2001) – The
Board dismissed this reserved identical-in-substance docket
because the only United States Environmental Protection Agency
amendment to its wastewater pretreatment regulations during the
update period is being addressed in Wastewater Pretreatment
Update, USEPA Regulations (October 3, 2001), R02-9.
7-0
R, Land
R02-15
In the Matter of: Exemptions from the Definition of VOM Update,
USEPA Regulations (July 1, 2001 through December 31, 2001) –
The Board dismissed this reserved identical-in-substance docket
because the United States Environmental Protection Agency did not
amend its exemptions from the definition of volatile organic
material regulations during the update period.
7-0
R, Air
2
R02-16
In the Matter of: SDWA Update, USEPA Regulations (July 1,
2001 through December 31, 2001) – The Board dismissed this
reserved identical-in-substance docket because the United States
Environmental Protection Agency did not amend its exemptions
from the definition of public water supply regulations during the
update period.
7-0
R, PWS
R02-18
In the Matter of: RCRA Subtitle D Update, USEPA Regulations
(July 1, 2001 through December 31, 2001) – The Board dismissed
this reserved identical-in-substance docket because the only United
States Environmental Protection Agency amendment to its non-
hazardous waste regulations during the update period did not
require any Board action.
7-0
R, Land
ADJUSTED STANDARDS
AS 02-2
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.
Land
AS 02-3
In the Matter of: Petition of Ford Motor Company (Chicago
Assembly Plant) for an Adjusted Standard from 35 Ill. Adm. Code
218.986 – Upon receipt of the certificate of publication, the Board
accepted this Cook County facility’s petition for an adjusted
standard from the air pollution control regulations.
7-0
Air
ADMINISTRATIVE CITATIONS
AC 02-7
IEPA v. Terry and Letisha Springer – The Board denied these
Jersey County respondents’ motion to dismiss the administrative
citation and granted their motion for reconsideration but vacated the
December 6, 2001 default judgement. The Board set this matter for
hearing.
7-0
AC 02-26
IEPA v. Maurice Newcomer – The Board granted complainant’s
motion for voluntary dismissal of this administrative citation
involving a Carroll County facility.
7-0
3
AC 02-27
IEPA v. John Firebaugh – The Board granted complainant’s motion
for voluntary dismissal of this administrative citation involving a
Jefferson County facility.
7-0
AC 02-31
IEPA v. William Plank d/b/a Demolition Plus – The Board found
that this Douglas 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
.
6-1
Girard
dissented
AC 02-39
IEPA v. Jerel Childers – The Board accepted an administrative
citation against this Massac County respondent.
AC 02-40
IEPA v. Robert and John Gray – The Board accepted an
administrative citation against these Iroquois County respondents.
Decisions
PCB 00-202
People of the State of Illinois v. American Driveway Maintenance,
Inc. – In this water enforcement action concerning a Winnebago
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 this respondent to pay a total civil
penalty of $4,000, and to cease and desist from further violations.
7-0
W-E
ADJUDICATORY CASES
Motions and Other Matters
PCB 96-10
Vogue Tyre & Rubber Company v. IEPA – No action taken.
UST
Appeal
PCB 97-103
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.
L&W-E
4
PCB 97-168
People of the State of Illinois v. Old World Industries, Inc., and
Specialty Sealant Tapes, 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 Cook County facility, the Board
ordered publication of the required newspaper notice.
7-0
L-E
PCB 99-134
People of the State of Illinois v. Peabody Coal Company – The
Board granted respondent’s attorney’s motion to appear p
ro hac
vice
and denied complainant’s response to respondent’s motion for
leave to appear p
ro hac vice
.
7-0
W-E
PCB 00-14
Sequa Corporation, Precoat Metals Division v. IEPA – The Board
granted petitioner’s motion for voluntary dismissal of this permit
appeal involving a Cook County facility.
7-0
P-A, Air
PCB 00-33
People of the State of Illinois v. Laidlaw Corporation – No action
taken.
A-E
PCB 00-125
People of the State of Illinois v. Nina Enterprises, 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 Cook County facility, the Board
ordered publication of the required newspaper notice.
7-0
A-E
PCB 00-181
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.
Citizens
UST-E
PCB 00-184
People of the State of Illinois v. M&R Wrecking, Ltd. And
Roderick Enterprises, Inc. – The Board granted complainant’s
motion for leave to file first amended complaint.
7-0
A-E
PCB 00-194
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
Appeal
5
PCB 01-135
People of the State of Illinois v. Patrick Robert Land Trust – No
action taken.
L-E
PCB 01-150
People of the State of Illinois v. Marc Development Corporation
and Silver Glen Estates Homeowners’ Association – The Board
granted complainant’s motion to deem facts admitted and its
motion for summary judgment. The Board found that respondent
violated Sections 12(a), (b), and (f) of the Act (415 ILCS 5/12(a),
(b), (f) (2000)), and Sections 306.102(a) and 309.102(a) of the
Board regulations. The Board reserved ruling on the issue of an
appropriate penalty pending a hearing.
7-0
W-E
PCB 01-158
Johnson Oil Company, Inc. v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Livingston County facility.
7-0
UST Fund
PCB 02-21
People of the State of Illinois v. J&F Hauling, Inc. – The Board
granted complainant’s motion to withdraw the motion to deem facts
admitted and for summary judgment.
7-0
RCRA-E
PCB 02-53
E&L Trucking Company v. IEPA – No action taken.
UST
Appeal
PCB 02-54
City of Springfield 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
Sangamon County facility.
7-0
UST
Appeal
PCB 02-55
ESG Watts, Inc. v. IEPA – The Board accepted for hearing this
permit appeal involving a Rock Island County facility.
7-0
P-A, Land
PCB 02-56
People of the State of Illinois v. Chiquita Processed Foods, L.L.C. –
No action taken.
W-E
PCB 02-59
MAC Investments 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 facility.
7-0
UST Fund
6
7
PCB 02-60
City of East Moline v. IEPA – Having previously granted a request
for a 90-day extension, the Board dismissed this matter because no
permit appeal was filed on behalf of this Rock Island County
facility.
7-0
P-A
PCB 02-86
Lockformer Company v. IEPA – No action taken.
SRP
Appeal
PCB 02-89
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
facility.
Citizens
A-E
PCB 02-97
Midwest Illinois Auto/Truck Plaza, Inc. 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 Bond County
facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 02-101
E&L Trucking Company v. IEPA – No action taken.
UST Fund
90-Day
Ext.
PCB 02-109
Blake Oil Company v. IEPA – The Board granted this request for a
90-day extension of time to file a permit appeal on behalf of this
Ogle County facility.
7-0
P-A
90-Day
Ext.
PCB 02-110
Duke Energy North America (Lee County) v. IEPA – The Board
found and certified that the specified concrete structures and sumps
of Duke Energy North America located in Lee County are pollution
control facilities for the purpose of preferential tax treatment under
the Property Tax Code (35 ILCS 200/11-10 (2000)). The Board
opened a separate docket PCB 02-113 to address the Illinois
Environmental Protection Agency’s recommended denial of
petitioner’s request for preferential tax certification for its sanitary
waste septic tank and associated lift station.
7-0
T-C
PCB 02-111
J&L Oil, Inc. (Lake Villa) v. IEPA – No action taken.
UST
Appeal
PCB 02-112
J&L Oil, Inc. (Fox Lake) v. IEPA – No action taken.
UST
Appeal
PCB 02-113
Duke Energy North America (Lee County) v. IEPA – The Board
opened a docket to address recommended denial of petitioner’s
request for preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2000)) for its facility located in Lee County.
Petitioner must file a petition to contest with the Clerk of the Board
within 35 days after the respondent served the recommendation. If
petitioner fails to timely file a petition, the Board may deny tax
certification for the sanitary waste septic tank and associated lift
station based solely on respondent’s recommendation.
7-0
T-C
CASES PENDING DECISION
R02-9
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (October 3, 2001) – Adopted Rule, Final Order,
Opinion and Order
R, Water
OTHER ITEMS
The Chairman’s motion for adoption of a more detailed Calendar Year 2002 Board Meeting
Schedule Dates was granted by a vote of 7-0. Chairman Manning then introduced and welcomed
new staff member William Murphy, attorney assistant to Board Member Tristano.
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 7th day of March 2002 by a vote of 7-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
8
