The following is the Illinois Pollution Control Board's tentative agenda for its April 4, 1996 Board meeting. The actual A...

In the Matter of: Petition of World Recycling, I
In the Matter of: Petition of Central Illinois L
AC 02-43
AC 02-44
1. County of Jackson v. Robert L. Morgan – The Board
AC 02-45
AC 02-46
AC 02-47
1. IEPA v. James H. Hendricks, Joseph L. Hendricks,
AC 02-48
PCB 01-144
PCB 02-161
PCB 97-103
PCB 97-113
PCB 98-55
PCB 99-134
PCB 00-67
PCB 00-110
PCB 00-111
PCB 00-181

ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

MAY 2, 2002

CHICAGO OFFICE-100 West Randolph

VIDEO CONFERENCE ROOM 11-512

SPRINGFIELD OFFICE-600 South Second Street

VIDEO CONFERENCE ROOM 402

ANNOUNCEMENTS

After calling the meeting to order, Chairman Manning welcomed members of the public and

staff to the meeting.

The Clerk of the Board called the roll and all Board Members answered present.

APPROVAL OF MINUTES

Minutes of the April 18, 2002 meeting were approved by a vote of 6-0.

RULEMAKINGS

In the Matter of: Petition of Central Illinois Light Company for a

Site Specific Air Rule: 35 Ill. Adm. Code 214.141 – The Board

opened a new regulatory docket to amend the Board’s air pollution

control regulations. The Board accepted the proposal to amend air

pollution control regulations for hearing and granted petitioner’s

motions to waive the 200 signature requirement and to incorporate

the record in PCB 99-80 (see AS 02-4 below).

ADJUSTED STANDARDS

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 granted this Winnebago County facility an

adjusted standard from the definition of solid waste, pursuant to 35

Ill Adm. Code 720.131(c), subject to conditions.

In the Matter of: Petition of Central Illinois Light Company for an

Adjusted Standard from 35 Ill. Adm. Code 214.141 – The Board

dismissed this Peoria County facility’s petition for an adjusted

standard. The Board opened a new regulatory docket to amend the

Board’s air pollution control regulations. The Board accepted the

proposal to amend air pollution control regulations for hearing and

granted petitioner’s motions to waive the 200 signature requirement

and to incorporate the record in PCB 99-80.

ADMINISTRATIVE CITATIONS

IEPA v. James Potter – The Board accepted for hearing this petition

for review of an administrative citation against this Edgar County

County of Jackson v. Robert L. Morgan – The Board found that this

Jackson County respondent violated Section 21(p)(3) of the Act

(415 ILCS 5/21(p)(3) (2000)), and ordered respondent to pay a civil

penalty of $1,500

IEPA v. Roeco Enterprises, Inc. – The Board accepted for hearing

this petition for review of an administrative citation against this

Champaign County respondent.

Sangamon County v. Kevin Biggs – In response to a joint

stipulation and settlement agreement in this administrative citation

action involving a Sangamon County facility, the Board found

respondent violated Section 21(p)(1) of the Environmental

Protection Act (Act) (415 ILCS 5/21(p)(1) (2000)) and ordered

respondent 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).

IEPA v. James H. Hendricks, Joseph L. Hendricks, Jeffrey

Hendricks, and Hendricks Home Furnishing, Inc. – The Board

found that these Macoupin 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

IEPA v. Tony Luttrell – The Board found that this Clay 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.

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 – In this public water

supply enforcement action concerning a Christian County facility,

the Board granted relief from the hearing requirement of Section

31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2000)), accepted a final

stipulation and settlement agreement for the City of Pana (Pana),

the Housing Authority of Christian County (HACC), PrairieLand

Construction, Inc. (PrairieLand) only. HACC was ordered to pay a

civil penalty of $4,000. Pana was ordered to fund a $7,500

Supplemental Environmental Project and to pay a civil penalty of

$2,140. PrairieLand was ordered to pay a civil penalty of $5,000.

HACC, Pana, and PrairieLand were ordered to cease and desist

from further violations. This matter shall proceed to hearing as to

the remaining respondent, Rich Williams d/b/a C.R. Williams &

Associates Architects.

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

payment of $30,000 to the Lake County Health Department and

Community Health Center, and to cease and desist from further

ADJUDICATORY CASES

Motions and Other Matters

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

Millstream Service, Inc.; Charles Abraham, Josephine Abraham,

and Millstream Services, Inc., Cross-Complainants v. William

Anest and Peter Anest, Cross-Respondents – No action taken.

People of the State of Illinois v. Homin Lee d/b/a Meisel Plating –

No action taken.

Donald McCarrell and Ann McCarrell v. Air Distribution

Associates, Inc. – The Board denied complainants motion for

summary judgment and directed this citizens’ cost recovery action

involving a DuPage County facility to hearing.

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

People of the State of Illinois v. American Disposal Company –

The Board granted complainant’s motion to voluntarily dismiss the

remaining respondent from this Resource Conservation and

Recovery Act enforcement action involving a Cook County facility,

closing this docket.

People of the State of Illinois v. Joe Decicco Demolition, Inc. – No

People of the State of Illinois v. R. Frietsch & Company, Inc. – No

MDI Limited Partnership #42 v. Regional Board of Trustees for

Boone and Winnebago Counties and the Board of Education of

Belvidere District 100 – The Board granted the motion to strike

complainant’s affidavit and denied the motions for summary

judgment, directing this citizen’s cost recovery action to hearing.

Stepan Company v. IEPA – The Board granted petitioner’s motion

for voluntary dismissal of this permit appeal involving a Will

County facility.

People of the State of Illinois v. J&F Hauling, Inc. – No action

Milton and Virginia Kamholz v. Lawrence and Marianne Sporleder

– No action taken.

People of the State of Illinois v. Bill Palmer d/b/a Commercial

Group, Frank Glosky, d/b/a Glosky Realty, and R.A.S.

Development, 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 Kendall County facility, the Board ordered publication of the

required newspaper notice.

Estate of Edmund F. Radkiewicz v. IEPA – No action taken.

Midwest Illinois Auto/Truck Plaza, Inc. 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 Bond County facility.

Principia College 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 Jersey County facility.

David L. Weber and Rachel B. Weber v. Cisco United Methodist

Church – In this citizens’ noise enforcement action involving a

Piatt County facility, the Board struck as frivolous the alleged

violation of Section 901.104 of the Board’s noise regulation (35 Ill.

Adm. Code 900.104). The Board found that the remaining alleged

violation of the Board’s regulations is neither duplicitous nor

frivolous, and accepted it for hearing.

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.

City of Waukegan , Waukegan City Council, and Richard H. Hyde,

Mayor of the City of Waukegan et al. v. IEPA and North Shore

Sanitary District – The Board dismissed this third-party permit

appeal involving a Lake County facility for lack of jurisdiction.

Alfred Uffelmann, Inc. v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Alfred Uffelmann,

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)).

David Billington v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of David Billington

located in Wayne County are pollution control facilities for the

purpose of preferential tax treatment under the Property Tax Code

(35 ILCS 200/11-10 (2000)).

Engelman Farms v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Englelman Farms

located in Perry County are pollution control facilities for the

purpose of preferential tax treatment under the Property Tax Code

(35 ILCS 200/11-10 (2000)).

People of the State of Illinois v. John Prior d/b/a Prior Oil Company

and James Mezo d/b/a Mezo Oil Company – The Board accepted

for hearing this Resource Conservation and Recovery Act and

water enforcement action involving a Washington County facility.

Davis H. and Dennis K. Biddle v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of Davis H. and

Dennis K. Biddle located in Mercer County are pollution control

facilities for the purpose of preferential tax treatment under the

Property Tax Code (35 ILCS 200/11-10 (2000)).

Davis H. and Dennis K. Biddle v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of Davis H. and

Dennis K. Biddle located in Mercer County are pollution control

facilities for the purpose of preferential tax treatment under the

Property Tax Code (35 ILCS 200/11-10 (2000)).

Loren and Micah Anderson Partnership v. IEPA – Upon receipt of

the Illinois Environmental Protection Agency’s recommendation,

the Board found and certified that specified facilities of Loren and

Micah Anderson located in Henry County are pollution control

facilities for the purpose of preferential tax treatment under the

Property Tax Code (35 ILCS 200/11-10 (2000)).

William and Linda Michl Farms v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of William and

Linda Michl located in Jasper County are pollution control facilities

for the purpose of preferential tax treatment under the Property Tax

Code (35 ILCS 200/11-10 (2000)).

UAP Richter Company (McDonough County) v. IEPA – Upon

receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified

facilities of UAP Richter Company located in McDonough County

are pollution control facilities for the purpose of preferential tax

treatment under the Property Tax Code (35 ILCS 200/11-10

Shearon, 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 McHenry County facility.

UAP Richter Company (McDonough 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 McDonough

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.

People of the State of Illinois v. Ferrara Pan Candy Company, Inc.

– The Board accepted for hearing this air enforcement action

involving a Cook County facility.

People of the State of Illinois v. Van Melle U.S.A., Inc. – The

Board accepted for hearing this air enforcement action involving a

Lake County facility.

UOP L.L.C. v. IEPA – The Board granted this request for a 90-day

extension of time to file a permit appeal on behalf of this Cook

County facility.

Smithfield Properties IV, L.L.C. 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.

Wareco Service, 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 Knox County facility.

Mark IV Realty, 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.

CASES PENDING DECISION

Saline County Landfill, Inc. v. IEPA (due 6/4)

ADJOURNMENT

Moved and seconded, by a vote of 7-0, Chairman Manning adjourned the meeting at

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

approved the above minutes on May 16, 2002 by a vote of 7-0.