ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
MARCH 21, 2002
CHICAGO OFFICE-100 West Randolph
CONFERENCE ROOM 9-040
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 March 7, 2002 meeting were approved by a vote of 7-0.
ADJUSTED STANDARDS
AS 99-1
In the Matter of: The City of Belleville for an Adjusted Standard
from 35 Ill. Adm. Code 306.305 – The Board granted this St. Clair
County facility an adjusted standard from the combined sewer
overflow disinfection requirements, in 35 Ill Adm. Code
306.305(b), subject to conditions.
7-0
Water
AS 02-4
In the Matter of: Petition of Central Illinois Light Company for an
Adjusted Standard from 35 Ill. Adm. Code 214.141 – The Board
directed petitioner to address within 21 days of this order, its
concern that the rule revision requested by means of this petition
for an adjusted standard may be contrary to the Environmental
Protection Act and the Administrative Procedures Act, (5 ILCS
100/1-1
et seq
. (2000)).
7-0
Air
ADMINISTRATIVE CITATIONS
AC 02-32
IEPA v. Colorado Real Estate & Investment Company – The Board
rejected complainant’s interpretation that part of the petition to
contest the administrative citation was a motion to dismiss.
7-0
AC 02-36
IEPA v. Trevor Pearce d/b/a Pearce Farm Store – The Board found
that this Clay County respondent violated Sections 21(p)(1) and
(p)(3) of the Act (415 ILCS 5/21(p)(1), (p)(3) (2000)), and ordered
respondent to pay a civil penalty of $3,000
.
6-1
Girard
dissented
AC 02-37
City of Chicago Department of Environment v. Edward F. Glascott
– The Board found that this Cook County respondent violated
Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2000)), and
ordered respondent to pay a civil penalty of $1,500
.
7-0
AC 02-38
Ogle County v. Lawrence and Eleanora Sandahl – In response to a
joint stipulation and settlement agreement in this administrative
citation action involving a Ogle 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 motion to dismiss the alleged violation of
Section 21(p)(7) of the Act. 415 ILCS 5/21(p)(7) (2000).
7-0
AC 02-40
IEPA v. Robert and John Gray d/b/a Gray’s Material Service – The
Board accepted for hearing this petition for review of an
administrative citation against these Iroquois County respondents.
7-0
AC 02-42
IEPA v. Herbert Board – The Board accepted an administrative
citation against this Edgar County respondent.
AC 02-43
IEPA v. James Potter – The Board accepted an administrative
citation against this Edgar County respondent.
AC 02-44
County of Jackson v. Robert L. Morgan d/b/a Morgan Builders –
The Board accepted an administrative citation against this Jackson
County respondent.
AC 02-45
IEPA v. Roeco Enterprises, Inc. – The Board accepted an
administrative citation against this Champaign County respondent.
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
2
PCB 00-125
People of the State of Illinois v. Nina Enterprises, Inc. – In this air
enforcement action concerning a Cook 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
respondent to pay a total civil penalty of $37,000, and to cease and
desist from further violations.
7-0
A-E
PCB 02-65
GBF Graphics, Inc. v. IEPA – The Board dismissed this matter for
petitioner’s failure to file an amended petition as ordered on
January 10, 2002.
7-0
A-V
PCB 02-87
City of Salem v. IEPA – The Board granted petitioner a variance,
subject to conditions from 35 Ill. Adm. Code 611.744 and 611.745,
which relate to installing and collecting data from turbidity
monitors for its water purification plant located in Marion County,
Illinois.
7-0
PWS-V
PCB 02-88
City of Centralia v. IEPA – The Board granted petitioner a
variance, subject to conditions from 35 Ill. Adm. Code
611.743(a)(1), 611.744 and 611.745, which relate to installing and
collecting data from turbidity monitors for its water purification
plant located in Marion County, Illinois.
7-0
PWS-V
ADJUDICATORY CASES
Motions and Other Matters
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 97-193
People of the State of Illinois v. Community Landfill Company,
Inc. – No action taken.
L-E
3
PCB 00-45
D& R Service v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal
involving a Randolph County facility.
L-E
PCB 00-110
People of the State of Illinois v. Joe Decicco Demolition, Inc. – No
action taken.
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.
UST-E
PCB 01-135
People of the State of Illinois v. Patrick Robert Land Trust – No
action taken.
L-E
PCB 02-30
People of the State of Illinois v. Meridian Development
Corporation – 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 Lake
County facility, the Board ordered publication of the required
newspaper notice.
7-0
W-E
PCB 02-41
Milton and Virginia Kamholz v. Lawrence and Marianne Sporleder
– No action taken.
Citizens
A&N-E
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 – The Board construed
respondent’s motion to dismiss as a motion for summary judgment.
The Board granted summary judgment in favor of the Illinois
Environmental Protection Agency and affirmed its November 16,
2001 termination of Lockformer’s Site Remediation Program
Review and Evaluation Services Agreement.
6-1
Johnson
dissented
SRP
Appeal
PCB 02-89
Sandra Stanton v. Mrs. Jessie Oyston, Mayor (Village of Buckner)
– No action taken.
Citizens
A-E
4
PCB 02-108
Saline County Landfill, Inc. v. IEPA – No action taken.
P-A, Land
PCB 02-120
People of the State of Illinois v. Entler Excavating Company, Inc. –
The Board accepted for hearing this air enforcement action
involving a Macon County facility.
7-0
A-E
PCB 02-121
Aux Sable Liquid Products 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 Grundy 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 noise pollution abatement control facility based
solely on respondent’s recommendation.
7-0
T-C
PCB 02-122
Aux Sable Liquid Products (Waste Heat Recovery Units) v. IEPA –
Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Aux Sable Liquid Products located in Grundy County
are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10
(2000)).
7-0
T-C
5
PCB 02-123
Aux Sable Liquid Products (Merox Treating Process Unit) v. IEPA
– Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Aux Sable Liquid Products located in Grundy County
are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10
(2000)).
7-0
T-C
PCB 02-124
Aux Sable Liquid Products (Continuous Emissions Monitoring
System) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Aux Sable Liquid Products
located in Grundy County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2000)).
T-C
PCB 02-125
Aux Sable Liquid Products (Vapor Recovery Compressor) v. IEPA
– Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Aux Sable Liquid Products located in Grundy County
are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10
(2000)).
T-C
PCB 02-126
Aux Sable Liquid Products (Flare System) v. IEPA – Upon receipt
of the Illinois Environmental Protection Agency’s recommendation,
the Board found and certified that specified facilities of Aux Sable
Liquid Products located in Grundy County are pollution control
facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2000)).
T-C
PCB 02-127
Aux Sable Liquid Products (Ethane Treaters) v. IEPA – Upon
receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Aux Sable Liquid Products located in Grundy County
are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10
(2000)).
T-C
6
PCB 02-128
Aux Sable Liquid Products (Railcar Level System) v. IEPA – Upon
receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Aux Sable Liquid Products located in Grundy County
are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10
(2000)).
T-C
PCB 02-129
Sports Aircraft, 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 DuPage County facility.
7-0
UST Fund
90-Day
Ext.
PCB 02-130
Strong Oil Company 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 Schuyler County facility.
7-0
UST Fund
90-Day
Ext.
PCB 02-131
BP Amoco Chemical Company (Trimelletic Anhydride Dust
Collector MM-2703) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of BP Amoco Chemical
Company located in Will County are pollution control facilities for
the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2000)).
7-0
T-C
PCB 02-132
BP Amoco Chemical Company (Trimelletic Anhydride Barometric
Condensers) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of BP Amoco Chemical Company
located in Will County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2000)).
7-0
T-C
7
PCB 02-133
BP Amoco Chemical Company (Trimelletic Anhydride Vacuum
Filter MM-2701) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of BP Amoco Chemical
Company located in Will County are pollution control facilities for
the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2000)).
7-0
T-C
PCB 02-134
BP Amoco Chemical Company (Trimelletic Anhydride Dust
Collector MM-2702) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of BP Amoco Chemical
Company located in Will County are pollution control facilities for
the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2000)).
7-0
T-C
PCB 02-135
BP Amoco Chemical Company (Trimelletic Anhydride Dust
Collector MM-2753) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of BP Amoco Chemical
Company located in Will County are pollution control facilities for
the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2000)).
7-0
T-C
PCB 02-136
Dynegy Midwest Generations, Inc. (Coal Dust Suppression and
Low NOx Burners) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Dynegy Midwest
Generations, Inc. located in Madison County are pollution control
facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2000)).
7-0
T-C
PCB 02-137
Dynegy Midwest Generations, Inc. (Electrostatic Precipitator) v.
IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Dynegy Midwest Generations, Inc. located in
Madison County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2000)).
7-0
T-C
8
PCB 02-138
Dynegy Midwest Generations, Inc. (Addition to Electrostatic
Precipitator) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Dynegy Midwest Generations,
Inc. located in Randolph County are pollution control facilities for
the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2000)).
7-0
T-C
PCB 02-139
Dynegy Midwest Generations, Inc. (Bag Filter) v. IEPA – Upon
receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Dynegy Midwest Generations, Inc. located in Randolph
County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2000)).
7-0
T-C
PCB 02-140
Dynegy Midwest Generations, Inc. (Overfire Air System) v. IEPA
– Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Dynegy Midwest Generations, Inc. located in Randolph
County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2000)).
7-0
T-C
PCB 02-141
Dynegy Midwest Generations, Inc. (Dry Fly Ash Dust Control
System) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Dynegy Midwest Generations,
Inc. located in Madison County are pollution control facilities for
the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2000)).
7-0
T-C
PCB 02-142
Dynegy Midwest Generations, Inc. (Rotating Overfire Air System)
v. IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Dynegy Midwest Generations, Inc. located in
Vermilion County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2000)).
7-0
T-C
9
PCB 02-143
Dynegy Midwest Generations, Inc. (Selective Catalytic Reduction
System) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Dynegy Midwest Generations,
Inc. located in Mason County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2000)).
7-0
T-C
PCB 02-144
Dynegy Midwest Generations, Inc. (Overfire Air System) v. IEPA
– Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Dynegy Midwest Generations, Inc. located in Mason
County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2000)).
7-0
T-C
PCB 02-145
Dynegy Midwest Generations, Inc. (Dust Control Equipment) v.
IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Dynegy Midwest Generations, Inc. located in
Putnam County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2000)).
7-0
T-C
PCB 02-146
Dynegy Midwest Generations, Inc. (Conveyor System and Dust
Suppression) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Dynegy Midwest Generations,
Inc. located in Putnam County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2000)).
7-0
T-C
PCB 02-147
Dynegy Midwest Generations, Inc. (Bag Filter Units and Ash
Transfer Equipment) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Dynegy Midwest
Generations, Inc. located in Putnam County are pollution control
facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2000)).
7-0
T-C
10
PCB 02-148
Duke Energy Lee, L.L.C. (Dry Low NOx Combustion System) v.
IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Dynegy Midwest Generations, Inc. 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)).
7-0
T-C
PCB 02-149
Duke Energy Lee, L.L.C. (Continuous Emissions Monitoring
Systems) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Dynegy Midwest Generations,
Inc. 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)).
7-0
T-C
PCB 02-150
Kaufman Grain Company (Concrete Driveway) v. IEPA – Upon
receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Kaufman Grain Company located in Vermilion County
are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10
(2000)).
7-0
T-C
PCB 02-151
Ameren Energy Generating Company (Overfire Air System, Unit 1)
v. IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Ameren Energy Generating Company located
in Montgomery County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2000)).
6-0
Tristano
abstained
T-C
PCB 02-152
Ameren Energy Generating Company (Overfire Air System, Unit 2)
v. IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Ameren Energy Generating Company located
in Montgomery County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2000)).
6-0
Tristano
abstained
T-C
11
PCB 02-153
Dynegy Midwest Generation, Inc. (Electrostatic Precipitators) v.
IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Dynegy Midwest Generations, Inc. located in
Randolph County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2000)).
7-0
T-C
PCB 02-154
BP Products North America, Inc. (Vapor Recovery System) v.
IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of BP Products North America, Inc. located in
Cook County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2000)).
7-0
T-C
PCB 02-155
EM Coatings (Regeneration Catalytic Oxidizer) v. IEPA – Upon
receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of EM Coatings 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 (2000)).
7-0
T-C
PCB 02-156
Chroma Corporation v. IEPA – The Board granted this request for a
90-day extension of time to file a permit appeal on behalf of this
McHenry County facility.
7-0
P-A,
NPDES
90-day
Ext.
PCB 02-157
David L. Weber and Rachel B. Weber v. Cisco United Methodist
Church – The Board held for a later duplicitous/frivolous
determination this citizen’s noise enforcement action involving a
Piatt County facility.
Citizens
N-E
CASES PENDING DECISION
PCB 02-42
City of Canton v. IEPA (due 4/30)
PWS-V
12
OTHER ITEMS
Chairman Manning’s motion to change the location of the April 4, 2002 Board meeting from
Springfield, Illinois to Chicago, Illinois was granted by a vote of 7-0.
ADJOURNMENT
Moved and seconded, by a vote of 7-0, Chairman Manning adjourned the meeting at
11:30 a.m. to an Executive Session.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the minutes on April 4, 2002 by a vote of 6-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
13
