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

AC 01-29
AC 01-30
1. IEPA v. Lesslie Yocum, Sandra Yocum, Rick L. Yocu
AC 01-44
1. IEPA v. Charles Haley d/b/a Haley Brothers Constr
AC 02-35
AC 02-49
AC 02-50
1. IEPA v. Gordon Romine d/b/a Romine Disposal – The
AC 02-51
AC 02-53
AC 02-54
PCB 02-200
PCB 92-102
PCB 97-103
PCB 97-113
PCB 99-134
PCB 00-110
PCB 00-111

ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

MAY 16, 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 May 2, 2002 meeting were approved by a vote of 7-0.

ADMINISTRATIVE CITATIONS

IEPA v. Lesslie Yocum, Sandra Yocum, Rick L. Yocum, and

Shawna B. Yocum (Birmingham/Yocum #1); IEPA v. Lesslie

Yocum and Sandra Yocum (Birmingham/Yocum #2) – No action

IEPA v. Charles Haley d/b/a Haley Brothers Construction – In

response to a joint stipulation and settlement agreement in this

administrative citation action involving an Iroquois County facility,

the Board found respondent violated Section 21(p)(3) of the

Environmental Protection Act (Act) (415 ILCS 5/21(p)(3) (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)(1) of the Act. 415 ILCS 5/21(p)(1)

IEPA v. E. Lewis Look – In response to a joint stipulation and

settlement agreement in this administrative citation action involving

a Peoria 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).

Ogle County v. Loren and Mary Hart d/b/a Rolling Meadows

Mobile Home Park and Jeff Hart – In response to a joint stipulation

and settlement agreement in this administrative citation action

involving an Ogle County facility, the Board found respondent

violated Section 21(p)(3) of the Environmental Protection Act (Act)

(415 ILCS 5/21(p)(3) (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 Sections 21(p)(1) and (p)(7) of

the Act. 415 ILCS 5/21(p)(1), (p)(7) (2000).

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

that this Fulton County respondent violated Section 21(p)(1) of the

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

ordered respondent to pay a civil penalty of $1,500

IEPA v. Gerald Goines – The Board accepted for hearing this

petition for review of an administrative citation against this Johnson

County respondent.

IEPA v. Edward E. Tucker and Gibson Materials, Company – The

Board found that these Ford County respondents violated Sections

21(p)(1), (p)(3), (p)(4), and (p)(7) of the Environmental Protection

Act (415 ILCS 5/21(p)(1), (p)(3), (p)(4), (p)(7) (2000)), and

ordered respondents to pay a civil penalty of $6,000

IEPA v. Rayetta Thompson – The Board accepted an administrative

citation against this Union

County respondent.

People of the State of Illinois v. Laidlaw Corporation – In this air

enforcement action concerning a Massac 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 $50,000, and to cease and

desist from further violations.

Stephen G. Brill v. Henry Latoria, individually and d/b/a TL

Trucking Foodliner – No action taken.

Saline County Landfill, Inc. v. IEPA; County of Saline, Intervenor

– The Board affirmed the Illinois Environmental Protection

Agency’s January 4, 2002 decision to deny Saline County Landfill,

Inc.’s application for a development permit to expand the Saline

County Landfill, due to lack of proof of local siting approval.

ADJUDICATORY CASES

Provisional Variances

Since the Board must decide provisional variances within forty-eight hours of their filing, any

provisional variances filed prior to this meeting will be included here.

Precoat Metals v. IEPA – Upon receipt of an Illinois Environmental

Protection Agency recommendation, the Board granted a 30-day

provisional variance to this Madison County facility from the 90-

day limitation on the accumulation of hazardous wastes, as set forth

in 35 Ill. Adm. Code 722.134(b).

Motions and Other Matters

Moline/Dutchway Cleaners v. IEPA – The Board granted

petitioner’s motion for voluntary dismissal of this underground

storage tank appeal involving a Rock Island County facility.

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 – The Board denied the

motions for certification of issues for interlocutory appeal and to

stay the proceedings. The Board directed this matter to hearing as

expeditiously as practicable.

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

No action taken.

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

People of the State of Illinois v. Joe Decicco Demolition, Inc. – The

Board rescinded its interim order of April 18, 2002, denied

complainant’s November 19, 2001 motion for summary judgment

in its entirety, and directed this matter to hearing.

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

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

of the May 2, 2002 mandate from the Fourth District Appellate

Court, the Board ordered this matter to proceed to hearing. (The

Appellate Court reversed the Board’s August 24, 2000 decision in

this proceeding finding that the Board had jurisdiction, and

remanded the appeal for further proceedings.)

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.

Economy Mechanical Industries, Inc. v. IEPA – The Board granted

petitioner’s motion for voluntary dismissal of this underground

storage tank appeal involving a Cook County facility.

Wareco Service, Inc. v. IEPA – The Board granted petitioner’s

motion for voluntary dismissal of this underground storage tank

appeal involving a Knox County facility.

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

Southern Illinois University, Edwardsville v. IEPA – The Board

accepted for hearing this permit appeal involving a Madison

County facility.

Midway Oil Company 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 Rock Island County facility.

Barbara and Ronald Stuart v. Franklin Fisher – In this citizens’

noise enforcement action involving a Will County facility, the

Board denied in part and granted in part the motion to dismiss, and

struck as frivolous the alleged violations of Section 23 of the

Environmental Protection Act (Act) (415 ILCS 5/23 (2000)) and of

the Humane Care for Animals Act (510 ILCS 70/3.01, 3.02, and

3.03 (2000)). The Board found that the remaining alleged violation

of the Board’s regulations is neither duplicitous nor frivolous, and

accepted it for hearing.

Dairy King Farms, Inc. v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Dairy King Farms,

Inc. 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)).

Probst Pork, Inc. v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Probst Pork, Inc.

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)).

Illinois Valley Paving 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 Scott County facility.

Cooperative Gas & Oil Company v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of Cooperative

Gas & Oil Co. located in Whiteside County are pollution control

facilities for the purpose of preferential tax treatment under the

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

R. Dean Lower v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of R. Dean Lower

located in Carroll County are pollution control facilities for the

purpose of preferential tax treatment under the Property Tax Code

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

Smoot 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 Union County facility.

Nicor Gas v. IEPA – The Board granted this request for a 90-day

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

Livingston and McLean County facility.

People of the State of Illinois v. Olin Corporation – Upon receipt of

a proposed stipulation and settlement agreement and an agreed

motion to request relief from the hearing requirement in this

Resource Conservation and Recovery Act enforcement action

involving a Madison County facility, the Board ordered publication

of the required newspaper notice.

People of the State of Illinois v. Great Lakes Terminal & Transport

Corporation – Upon receipt of a proposed stipulation and settlement

agreement and an agreed motion to request relief from the hearing

requirement in this Resource Conservation and Recovery Act

enforcement action involving a Cook County facility, the Board

ordered publication of the required newspaper notice.

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 June 6, 2002 by a vote of.