AC 02-49

Ogle County Solid Waste Management Department v. Loren and

Mary Hart d/b/a Rolling Meadows Mobile Home Park and Jeff Hart

– The Board accepted an administrative citation against these Ogle

 

County respondents.

 

 

AC 02-50

IEPA v. Gordon Romine d/b/a Romine Disposal – The Board

accepted an administrative citation against this Fulton

 

County

respondent.

 

 

Decisions

PCB 97-168

People of the State of Illinois v. Old World Industries, Inc. and

Specialty Sealant Tapes, Inc. – In this land enforcement action

concerning a

Cook

County facility, the Board granted

complainant’s motion to dismiss Specialty Sealant Tapes, Inc. as a

respondent. The Board also 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 as to respondent Old World Industries, Inc.

(Old World), ordered Old World to pay a total civil penalty of

$65,000

, and to cease and desist from further violations.

 

6-0

L-E

PCB 01-62

ESG Watts, Inc. (Sangamon Valley Landfill) v. IEPA – The Board

affirmed the Illinois Environmental Protection Agency’s refusal to

release any existing financial assurance tendered by ESG Watts for

the facilities owned by ESG Watts.

 

6-0

P-A, Land

 

PCB 01-63

PCB 01-64

Cons.

 

ESG Watts, Inc. (Viola Landfill) v. IEPA; ESG Watts, Inc. (Taylor

Ridge Andalusia Landfill) v. IEPA – The Board affirmed the

Illinois Environmental Protection Agency’s decision refusing to

accept the substitute financial assurance offered by ESG Watts for

the Taylor Ridge/Andalusia landfill and the Viola landfill.

 

6-0

P-A, Land

PCB 01-139

ESG Watts, Inc. (Sangamon Valley Landfill, Taylor Ridge Landfill,

and Viola Landfill) v. IEPA – The Board affirmed the Illinois

Environmental Protection Agency’s decision refusing to release any

existing financial assurance tendered by ESG Watts for the

facilities owned by ESG Watts.

 

6-0

P-A, Land

2

---

PCB 02-42

City of Canton 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

Fulton County, Illinois.

 

6-0

Lawton

and

Tristano

concurred

PWS-V

 

ADJUDICATORY CASES

Motions and Other Matters

 

3

PCB 97-2

People of the State of Illinois v. Jersey Sanitation Corporation –

The Board granted respondent’s motion for summary judgment,

relating to contested permit conditions. The Board found that

respondent did not violate Sections 415 ILCS 5/21(d)(1),

5/21(d)(2), 5/22.17(a) and 5/22.17(b) (2000) of the Environmental

Protection Act and 35 Ill. Adm. Code 745.181 and 745.201 of the

Board’s regulations. This matter was ordered to hearing in order to

adjudicate the remaining allegations.

 

6-0

A,W&L-E

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 – The Board denied

respondent’s Anests’ motion for summary judgment against the

Abrahams on their cross-complaint, but struck count II of the cross-

complaint and any portion of the cross-complaint that seeks

reimbursement of penalties. The Board granted complainant’s

motion for partial summary judgment against respondents State Oil

and Anests. The Board granted complainant’s motion for summary

judgment against the Abrahams and Millstream in part and denied it

in part. Specifically, the motion for summary judgment was

granted as to count I of the complainant’s complaint that alleged a

violation of Section 12(a) of the Act (415 ILCS 5/12(a) (2000)), but

denied as to count II of the complainant’s complaint seeking

reimbursement for costs incurred by the State pursuant to Section

57.12 of the Act. 415 ILCS 5/57.12 (2000). Finally, the Board

denied the motion for summary judgment filed by the Abrahams

and Millstream against the complainant on count II of the

complainant’s complaint. This matter was ordered to hearing in

order to adjudicate the remaining allegations and penalty issues.

 

6-0

L&W-E

---

PCB 97-145

Pekin Energy Company v. IEPA – The Board granted petitioner’s

motion for voluntary dismissal of this variance request involving a

Tazewell County facility.

 

6-0

W-V,

NPDES

 

PCB 98-55

Donald McCarrell and Ann McCarrell v. Air Distribution

Associates, Inc. – No action taken.

 

Citizens

L-E

PCB 99-134

People of the State of Illinois v. Peabody Coal Company – No

action taken.

 

W-E

PCB 00-111

People of the State of Illinois v. R. Frietsch & Company, 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.

 

Citizens

UST-E

PCB 01-135

People of the State of Illinois v. Patrick Robert Land Trust – The

Board granted complainant’s motion for summary judgment. The

Board finds that the respondent violated Sections 12(a), 21(a), (d),

and (p)(1) of the Environmental Protection Act (415 ILCS 5/12(a),

21(a), (d), (p)(1) (2000)), and 35 Ill. Adm. Code 812.101(a). The

Board directed this matter to hearing as expeditiously as practicable

on the specific issues of the appropriate penalty amount, costs, and

attorney fees.

 

6-0

L-E

PCB 01-144

People of the State of Illinois v. City of Pana, Housing Authority of

Christian County, PrairieLand Construction, Inc., and Rich

Williams d/b/a C.R. Williams & Associates, Architects;

PrairieLand Construction, Inc. Cross-Complainant v. City of Pana,

Housing Authority of Christian County, and Rich Williams d/b/a

C.R. Williams & Associates Architects Cross-Respondents – Upon

receipt of a proposed stipulation and settlement agreement and an

agreed motion to request relief from the hearing requirement in this

public water supply enforcement action involving a Christian

County facility, the Board ordered publication of the required

newspaper notice.

 

6-0

PWS-E

PCB 02-41

Milton and Virginia Kamholz v. Lawrence and Marianne Sporleder Citizens

4

---

5

– No action taken.

 

A&N-E

 

PCB 02-53

E&L Trucking Company v. IEPA – No action taken.

 

 

UST

Appeal

PCB 02-56

People of the State of Illinois v. Chiquita Processed Foods, L.L.C. –

No action taken.

 

W-E

PCB 02-89

Sandra Stanton v. Mrs. Jessie Oyston, Mayor (Village of Buckner)

– The Board found that this complaint was frivolous. This matter

was dismissed and the docket was closed.

 

6-0

Citizens

A-E

 

PCB 02-101

E&L Trucking Company v. IEPA – No action taken.

 

UST Fund

PCB 02-108

Saline County Landfill, Inc. v. IEPA – No action taken.

 

P-A, Land

PCB 02-111

J&L Oil, Inc. (Lake Villa) v. IEPA – The Board granted

petitioner’s motion for voluntary dismissal of this underground

storage tank appeal involving a Lake County facility.

 

6-0

UST Fund

PCB 02-112

J&L Oil, Inc. (Fox Lake) v. IEPA – The Board granted petitioner’s

motion for voluntary dismissal of this underground storage tank

appeal involving a Lake County facility.

 

6-0

UST Fund

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

 

PCB 02-158

Village of Findlay v. IEPA – The Board accepted for hearing this

permit appeal involving a Shelby County facility.

 

 

6-0

P-A,

NPDES

 

PCB 02-159

The Ensign Bickford Company v. IEPA – The Board accepted this

Union County facility’s petition for a variance from the Board’s

l

ti

t 35 Ill

Ad

C

d

237 103

d

ill d

id

th

6-0

A-V

---

regulation at 35 Ill. Adm. Code 237.103, and will decide the case

upon receipt of the Illinois Environmental Protection Agency

recommendation, since hearing was waived.

 

Open

Burning

 

PCB 02-160

Rockford Stop-N-Go, 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 Boone County facility.

 

6-0

UST Fund

PCB 02-161

People of the State of Illinois v. Home Depot U.S.A., Inc. – Upon

receipt of the complaint, a proposed stipulation and settlement

agreement, and an agreed motion to request relief from the hearing

requirement in this public water supply enforcement action

involving a Lake County facility, the Board ordered publication of

the required newspaper notice.

 

6-0

W-E

 

CASES PENDING DECISION

R02-1

R02-12

R02-17

(Cons.)

In the Matter of: RCRA Subtitle C Update, USEPA Amendments

(January 1, 2001 through June 30, 2001); RCRA Subtitle C Update,

USEPA Amendments (July 1, 2001 through December 31, 2001

and January 22, 2002); UIC Update, USEPA Amendments (July 1,

2001 through December 31, 2001) – Proposed Rule, Proposal for

Public Comment, Opinion and Order

 

R, Land

 

ADJOURNMENT

 

Moved and seconded, by a vote of 6-0, Board Member Flemal adjourned the meeting at

 

11:30 a.m.

 

 

I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board

approved the above minutes on April 18, 2002 by a vote of 5-0. Chairman Manning abstained.

 

 

  

  

  

  

  

  

 

Dorothy

M.

Gunn,

Clerk

Illinois

Pollution

Control

Board

 

6