ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
APRIL 18, 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. All Board Members answered present except for Board
Member Girard who was absent.
APPROVAL OF MINUTES
The minutes were approved by a vote of 5-0, as amended to show Member Tristano joined in
Member Lawton’s concurrence in PCB 02-42, City of Canton v. IEPA.
Chairman Manning
abstained.
RULEMAKINGS
R01-26
In the Matter of: Amendments to Regulation of Petroleum Leaking
Underground Storage Tanks: 35 Ill. Adm. Code 732 – The Board
adopted a final opinion and order in this rulemaking to amend the
Board’s underground storage tank regulations.
6-0
R, Land
R01-27
R01-29
(Cons.)
In the Matter of: Site Remediation Programs: Amendments to 35
Ill. Adm. Code 740; In the Matter of: Site Remediation Program:
Proposed 35 Ill. Adm. Code 740.Subpart H (Schools, Public Parks,
and Playgrounds) – The Board adopted a final opinion and order in
this consolidated rulemaking to amend the Board’s site remediation
program regulations.
6-0
R, Land
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), March 13, 2002, and April 9, 2002; UIC
Update, USEPA Amendments (July 1, 2001 through December 31,
2001) – The Board adopted a final opinion and order in this
consolidated “identical-in-substance” rulemaking which amended
the Board’s hazardous waste and underground injection control
regulations.
6-0
R, Land
ADMINISTRATIVE CITATIONS
AC 02-33
IEPA v. Lisa Lewey-Shields and Paul Shields – The Board granted
complainant’s motion for voluntary dismissal of this administrative
citation involving a Champaign County facility.
6-0
AC 02-39
IEPA v. Jerel Childers – The Board accepted for hearing this
petition for review of an administrative citation against this Massac
County respondent.
6-0
AC 02-41
IEPA v. Dwaine Bauer and Tim Tipsword – The Board found that
these Cumberland County respondents violated Section 21(p)(1) of
the Act (415 ILCS 5/21(p)(1) (2000)), and ordered respondents to
pay a civil penalty of $1,500
.
6-0
AC 02-42
IEPA v. Herbert L. Board – The Board accepted for hearing this
petition for review of an administrative citation against this Edgar
County respondent.
6-0
AC 02-51
IEPA v. Gerald Goines – The Board accepted an administrative
citation against this Johnson
County respondent.
AC 02-52
IEPA v. Maurice Newcomer – The Board accepted an
administrative citation against this Carroll
County respondent.
2
AC 02-53
IEPA v. Edward E. Tucker and Gibson Materials Company – The
Board accepted an administrative citation against these Ford
County respondents.
Decisions
PCB 02-30
People of the State of Illinois v. Meridian Development
Corporation – In this water enforcement action concerning a Lake
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
$
10,000, and to cease and desist from further violations.
6-0
W-E
ADJUDICATORY CASES
Motions and Other Matters
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 – The
Board granted respondent’s motion for leave to file instanter,
denied respondent’s motion for leave to file a reply, and denied all
motions filed on April 17, 2002 as moot. Complainant must file
any response to the motion to dismiss or strike no later than May 2,
2002.
6-0
W-E
PCB 00-33
People of the State of Illinois v. Laidlaw Corporation – 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 Massac County facility, the
Board ordered publication of the required newspaper notice.
6-0
A-E
PCB 00-110
People of the State of Illinois v. Joe Decicco Demolition, Inc. – The
Board granted complainant’s motion for summary judgment, and
found respondent in violation of Section 9.1(d)(1) of the Act (415
ILCS 5/9.1(d)(1) (2000)), and Sections 61.145(b)(3),
61.145(b)(4)(i), 61.145(b)(4)(iii), 61.145(b)(4)(v), and
61.145(b)(4)(ix) of the asbestos National Emission Standards for
Hazardous Air Pollutants (40 C.F.R. §§ 61.145(b)(3),
61.145(b)(4)(i), 61.145(b)(4)(iii), 61.145(b)(4)(v), and
6-0
A-E
3
61.145(b)(4)(ix) (2000)). The Board directed this matter to hearing
on the specific issues of the appropriate penalty amount, costs, and
attorney fees.
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 01-144
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 Cross-
Respondents – No action taken.
PWS-E
PCB 02-1
People of the State of Illinois v. Stein Steel Mill Services, Inc. –
The Board granted in part and denied in part complainant’s motion
to strike affirmative defenses. This matter was ordered to hearing
on the remaining allegations.
6-0
A-E
PCB 02-21
People of the State of Illinois v. J&F Hauling, Inc. – No action
taken.
RCRA-E
PCB 02-41
Milton and Virginia Kamholz v. Lawrence and Marianne Sporleder
– No action taken.
Citizens
A&N-E
PCB 02-53
E&L Trucking Company v. IEPA – The Board denied both
respondent’s motion for extension of time to file administrative
record and petitioner’s motion for sanctions. The Board directed
that the record be filed immediately, and that hearing be set within
30 days.
6-0
UST
Appeal
PCB 02-56
People of the State of Illinois v. Chiquita Processed Foods, L.L.C. –
The Board denied complainant’s motion to strike affirmative
defenses.
6-0
W-E
PCB 02-58
Sauer-Danfoss (US) Company v. IEPA – The Board granted 6-0
4
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a LaSalle County facility.
UST
Appeal
PCB 02-85
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.
6-0
UST Fund
PCB 02-91
Rezmar Corporation v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Cook County facility.
5-0
Melas
abstained
UST Fund
PCB 02-94
Illinois State Toll Highway Authority (Hinsdale Oasis – West) 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 DuPage County facility.
6-0
UST Fund
PCB 02-101
E&L Trucking Company v. IEPA – The Board denied respondent’s
motion for reconsideration or clarification of the Board’s March 7,
2002 order dismissing this appeal.
6-0
UST Fund
PCB 02-108
Saline County Landfill, Inc. v. IEPA; Saline County, intervenor –
The Board granted the County of Saline’s (County) motion to
intervene, but denied both the petitioner’s and the County’s
motions for summary judgment. This matter was ordered to hearing
on the remaining contested issues.
6-0
P-A, Land
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 citizens’ noise enforcement action involving a
Piatt County facility.
Citizens
N-E
PCB 02-162
People of the State of Illinois v. Fox Valley Dry Wall, Inc. – The
Board accepted for hearing this underground storage tank
enforcement action involving a Kane County facility.
6-0
UST-E
5
PCB 02-163
Illinois State Toll Highway Authority (Lincoln Oasis – North) 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
UST
Appeal
90-Day
Ext.
PCB 02-164
Barbara and Ronald Stuart v. Franklin Fisher – The Board held for
a later duplicitous/frivolous determination this citizens’ noise
enforcement action involving a Will County facility.
Citizens
N-E
PCB 02-165
Lyons Township High School District 204 v. IEPA – The Board
accepted for hearing this underground storage tank appeal
involving a Cook County facility.
6-0
UST Fund
PCB 02-166
Mick’s Garage 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 Madison County facility.
6-0
UST
Appeal
PCB 02-167
Novotny Farms, L.L.C v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified
facilities
of Novotny Farms,
L.L.C. located in Bureau 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
T-C
PCB 02-168
Kathryn Bradley v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified
facilities
of Kathryn Bradley
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)).
6-0
T-C
PCB 02-169
High View, L.L.C. v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified
facilities
of High View, L.L.C.
located in Stephenson 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
T-C
6
PCB 02-170
Charles L. Rich v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified
facilities
of Charles L. Rich
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)).
6-0
T-C
PCB 02-171
Reichhold Chemicals, 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 Cook County facility.
6-0
UST Fund
PCB 02-172
Reichhold Chemicals, 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 Cook County facility.
6-0
UST Fund
PCB 02-173
City of Waukegan et al. v. IEPA and North Shore Sanitary District
– No action taken.
P-A, Land,
Air
3rd Party
CASES PENDING DECISION
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)
Land
ADJOURNMENT
Moved and seconded, by a vote of 6-0, 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 above minutes on May 2, 2002 by a vote of 6-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
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