ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
MARCH 7, 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.
ROLL CALL
The Clerk of the Board called the roll and all Board Members answered present.
APPROVAL OF MINUTES
Minutes of the February 21, 2002 meeting were approved by a vote of 7-0.
RULEMAKINGS
R02-9
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (October 3, 2001) – The Board adopted a final
opinion and order in this “identical-in-substance” rulemaking to
amend the Board’s wastewater pretreatment regulations in response
to federal amendments of October 3, 2001for Project XL.
7-0
R, Water
R02-20
In the Matter of: Proposed Horween Leather Company Site
Specific Air Rule, 35 Ill. Adm. Code 211.6170 – The Board
accepted for hearing the February 19, 2002 proposal of the
Horween Leather Company for a site-specific rulemaking to amend
the Board’s air pollution control regulations. The Board also
granted petitioner’s motion to waive the 200 signature requirement.
7-0
R, Air
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) – The Board accepted this Winnebago County facility’s
petition for a waste delisting under the hazardous waste regulations
and granted petitioner’s request to waive hearing in this matter.
7-0
Land
AS 02-4
In the Matter of: Petition of Central Illinois Light Company for an
Adjusted Standard from 35 Ill. Adm. Code 214.141 – Pending
receipt of the certificate of publication, the Board held this Peoria
County facility’s petition for an adjusted standard from the air
pollution control regulations.
Air
ADMINISTRATIVE CITATIONS
AC 02-30
IEPA v. City of Wenona – The Board accepted for hearing this
petition for review of an administrative citation against this
Marshall County respondent.
7-0
AC 02-32
IEPA v. Colorado Real Estate & Investment Company – The Board
accepted for hearing this petition for review of an administrative
citation against this Peoria County respondent.
7-0
AC 02-33
IEPA v. Lewey-Shields, Lisa and Paul Shields – The Board
accepted for hearing this petition for review of an administrative
citation against these Champaign County respondents.
7-0
AC 02-34
IEPA v. Manzell Lawson, Sr. – The Board granted complainant’s
motion for voluntary dismissal of this administrative citation
involving a Peoria County facility.
7-0
AC 02-35
IEPA v. E. Lewis Look – The Board accepted for hearing this
petition for review of an administrative citation against these Peoria
County respondents.
7-0
AC 02-41
IEPA v. Dwaine Bauer and Tim Tipsword – The Board accepted an
administrative citation against these Cumberland County
respondents.
2
Decisions
PCB 97-168
People of the State of Illinois v. Old World Industries, Inc. and
Specialty Sealant Tapes, Inc. – No action taken.
L-E
PCB 00-163
David and Jacquelyn McDonough v. Gary Robke – in an interim
order, the Board found that respondent violated Section 24 of the
Environmental Protection Act (415 ILCS 5/24 (2000)) and 35 Ill.
Adm. Code 900.102(a) of the Board regulations. The Board
ordered respondent to consult with a noise expert and prepare a
report detailing what steps can be taken to alleviate the noise
emissions reaching complainants’ residence.
6-1
Tristano
dissented
Citizens
N-E
PCB 00-189
People of the State of Illinois v. Fox River Water Reclamation
District – In this water enforcement action concerning a Kane
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 $20,000, and to cease and desist from further violations.
7-0
W-E
PCB 00-221
James Glasgow, Vickie Glasgow, Bill Hoppe, and Pat Hoppe
Robke – The Board found that respondent did not violate Section
24 of the Environmental Protection Act (415 ILCS 5/24 (2000)) and
35 Ill. Adm. Code 900.102(a) of the Board regulations and
dismissed this matter.
7-0
Citizens
N&A-E
Provisional Variances
PCB 02-118
Ensign Bickford Company v. IEPA – Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board
granted this Union County facility a 45-day provisional variance,
subject to conditions, from 35 Ill. Adm. Code 237.103, which
prohibits open burning without a permit.
7-0
A-V
Open
Burning
3
PCB 02-119
Bway Corporation v. IEPA – Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board
granted this Cook County facility a 45-day provisional variance,
subject to conditions, from the requirements of 35 Ill. Adm. Code
218.204(b), 218.207(h)(2), and condition 7.2.5(a) of its Clean Air
Act Permit Program permit.
7-0
A-V
ADJUDICATORY CASES
Motions and Other Matters
PCB 96-10
Vogue Tyre & Rubber Company v. IEPA – The Board denied
respondent’s motion to dismiss this underground storage tank
appeal involving a Cook County facility.
7-0
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
PCB 97-182
Ingleside Citgo Service, Inc. v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Lake County facility.
7-0
UST
Appeal
PCB 97-193
People of the State of Illinois v. Community Landfill Company,
Inc. – No action taken.
L-E
PCB 00-33
People of the State of Illinois v. Laidlaw Corporation – The Board
granted complainant’s motion to file a supplemental complaint and
accepted the supplemental complaint.
7-0
A-E
PCB 00-110
People of the State of Illinois v. Joe Decicco Demolition, Inc. – No
action taken.
A-E
4
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 01-6
Philip S. Dallosto v. Village of Hampshire – The Board granted
complainant’s motion for voluntary dismissal of this citizen air
enforcement complaint involving a facility located in Kane County.
7-0
Citizens
A-E
PCB 01-135
People of the State of Illinois v. Patrick Robert Land Trust – No
action taken.
L-E
PCB 02-25
Marconi Data Systems, Inc. and Marconi, 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 Fund
PCB 02-44
Amoco Oil Company v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Lake County facility.
7-0
UST
Appeal
PCB 02-53
E&L Trucking Company v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Cook County
facility.
7-0
UST
Appeal
PCB 02-56
People of the State of Illinois v. Chiquita Processed Foods, L.L.C. –
No action taken.
W-E
PCB 02-86
The Lockformer Company v. IEPA – No action taken.
SRP
Appeal
PCB 02-87
City of Salem v. IEPA – The Board granted petitioner’s motion for
withdrawal of its request for a hearing in this public water supply
variance request involving a Marion County public water supply.
7-0
PWS-V
5
PCB 02-88
City of Centralia v. IEPA – The Board granted petitioner’s motion
for withdrawal of its request for a hearing in this public water
supply variance request involving a Marion County public water
supply.
7-0
PWS-V
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 02-101
E&L Trucking Company v. IEPA – The Board denied the parties’
request to extend the appeal period concerning the January 4, 2002
determination of the Illinois Environmental Protection Agency, and
dismissed this docket, stating that the issues were properly part of
the appeal in PCB02-53.
7-0
UST Fund
90-Day
Ext.
PCB 02-111
J&L Oil, Inc. (Lake Villa) v. IEPA – In this underground storage
tank appeal involving a Lake County facility, the Board ordered
petitioner to file an amended petition to cure specified deficiencies
no later than April 11, 2002, or the petition would be subject to
dismissal.
7-0
UST Fund
PCB 02-112
J&L Oil, Inc. (Fox Lake) v. IEPA – In this underground storage
tank appeal involving a Lake County facility, the Board ordered
petitioner to file an amended petition to cure specified deficiencies
no later than April 11, 2002, or the petition would be subject to
dismissal.
7-0
UST Fund
PCB 02-114
Logan Jones Ltd. Partnership 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 Cook County facility.
7-0
UST Fund
PCB 02-115
People of the State of Illinois v. Blue Ridge Construction
Corporation – The Board accepted for hearing this air and water
enforcement action involving a Peoria County facility.
7-0
A&W-E
6
PCB 02-116
Rezmar Corporation 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 Cook County facility.
6-0
Melas
abstained
UST Fund
PCB 02-117
Marlena Mackie 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 Marion County facility.
7-0
UST Fund
CASES PENDING DECISION
PCB 01-62
ESG Watts, Inc. (Sangamon Valley Landfill) v. IEPA (due 4/19)
P-A, Land
PCB 01-63
ESG Watts, Inc. (Viola Landfill) v. IEPA (due 4/19)
P-A, Land
PCB 01-64
ESG Watts, Inc. (Taylor Ridge/Andalusia Landfill) v. IEPA (due
4/19)
P-A, Land
PCB 01-139
ESG Watts, Inc. (Sangamon Valley Landfill, Taylor Ridge Landfill,
and Viola Landfill) v. IEPA (due 4/19)
P-A, Land
PCB 02-65
GBF Graphics, Inc. v. IEPA (due 3/28)
A-V
ADJOURNMENT
Moved and seconded, by a vote of 7-0, Chairman Manning adjourned the meeting at
11:45 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the minutes on March 21, 2002 by a vote of 7-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
7
