The following is the Illinois Pollution Control Board's tentative agenda for its April 4, 1996 Board meeting. The actual Agenda will be available at 10:30 a.m. Tuesday, April 2, 1996 and will list all motions and case filings received before Monday, Apri

In the Matter of: Proposed Amendments to Ammonia Nitrogen S
AC 01-29
AC 01-30
1. IEPA v. Lesslie Yocum, Sandra Yocum, Rick L. Yocum, and Shaw
AC 01-42
1. IEPA v. Alan Smith – The Board entered an interim opinion an
AC 02-16
1. IEPA v. Brad Krstic – The Board entered an interim opinion a
AC 02-54
1. IEPA v. Rayetta Thompson – The Board granted complainant’s m
AC 02-55
1. IEPA v. Barbara Buck – The Board granted complainant’s motio
AC 02-56
1. City of Chicago Department of Environment v. City Wide Dispo
AC 02-57
1. City of Chicago Department of Environment v. City Wide Dispo
AC 02-58
1. IEPA v. RCS, Inc. and Robert Fosnock – The Board accepted an
AC 02-59
1. IEPA v. Jason Hari and Canadian National/Illinois Central Ra
PCB 97-66
PCB 97-113
PCB 97-162
PCB 97-163
PCB 98-88
PCB 98-115
PCB 98-124
PCB 98-125
PCB 99-120
PCB 99-134
PCB 00-70
PCB 00-74
PCB 00-76
PCB 00-92
PCB 00-94
PCB 00-111

ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

JUNE 6, 2002

SPRINGFIELD OFFICE-600 South Second Street

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

RULEMAKINGS

In the Matter of: Proposed Amendments to Ammonia Nitrogen

Standards 35 Ill. Adm. Code 302.100, 302.212, 302.213, and

304.122 – The Board adopted a first notice opinion and order in this

matter to amend the Board’s water regulations.

ADJUSTED STANDARDS

In the Matter of: Petition of the Ensign-Bickford Company for an

Adjusted Standard from 35 Ill. Adm. Code 237.103 – The Board

granted petitioner’s request for hearing on its petition for an

adjusted standard.

In the Matter of: Material Service Corporation Petition for an

Adjusted Standard from 35 Ill. Adm. Code 302.208, 406.202, and

304.105 – The Board granted this Cook County facility an adjusted

standard from the mine waste effluent and water quality standard

under 35 Ill. Adm. Code 304.105 and 406.202, subject to

In the Matter of Petition of Noveon, Inc. for an Adjusted Standard

from 35 Ill. Adm. Code 304.122 – No action taken.

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) – The Board

entered an interim opinion and order finding respondents violated

Sections 21(p)(1) and (p)(7) of the Environmental Protection Act

(415 ILCS 5/21(p)(1), (p)(7) (2000)) and assessing a penalty of

$6,000. The Board ordered the Clerk of the Board and the

Environmental Protection Agency to file within 14 days a statement

of hearing costs, supported by affidavit, with service on

IEPA v. Alan Smith – The Board entered an interim opinion and

order finding respondent violated Section 21(p)(3) of the

Environmental Protection Act (415 ILCS 5/21(p)(3) (2000)) and

assessing a penalty of $1,500. The Board ordered the Clerk of the

Board and the Environmental Protection Agency to file within 14

days a statement of hearing costs, supported by affidavit, with

service on respondent.

IEPA v. Brad Krstic – The Board entered an interim opinion and

order finding respondent violated Section 21(p)(3) of the

Environmental Protection Act (415 ILCS 5/21(p)(3) (2000)) and

assessing a penalty of $1,500. The Board ordered the Clerk of the

Board and the Environmental Protection Agency to file within 14

days a statement of hearing costs, supported by affidavit, with

service on respondent.

IEPA v. Rayetta Thompson – The Board granted complainant’s

motion for voluntary dismissal of this administrative citation

involving a Union County facility.

IEPA v. Barbara Buck – The Board granted complainant’s motion

for voluntary dismissal of this administrative citation involving a

Dewitt County facility.

City of Chicago Department of Environment v. City Wide Disposal,

Inc. – The Board accepted an administrative citation against this

County respondent.

City of Chicago Department of Environment v. City Wide Disposal,

Inc. - The Board accepted an administrative citation against this

County respondent.

IEPA v. RCS, Inc. and Robert Fosnock – The Board accepted an

administrative citation against these Jersey

County respondents.

IEPA v. Jason Hari and Canadian National/Illinois Central Railroad

– The Board accepted an administrative citation against these Ford

County respondents.

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

Trucking Foodliner – The Board found that respondent violated

Sections 9(a) and 24 of the Environmental Protection Act (415

ILCS 5/9(a), 24 (2000)), and Section 900.102 of the Board

regulations (35 Ill. Adm. Code 900.102). Respondent was ordered

to retain the assistance of a noise expert and prepare a report

detailing what steps can be taken to alleviate the noise and air

emissions reaching complainant’s residence.

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. – In this water enforcement action concerning a

Kendall 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 respondents to pay a total civil

penalty of $24,000, and to cease and desist from further violations.

People of the State of Illinois v. Olin Corporation – In this

Resource Conservation and Recovery Act enforcement action

concerning a Madison 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 $9,000, and to cease and

desist from further violations.

ADJUDICATORY CASES

Motions and Other Matters

People of the State of Illinois v. D’Angelo Enterprises, Inc. – No

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

No action taken.

Swearingin Services, Inc. v. IEPA – The Board granted petitioner’s

motion for voluntary dismissal of these underground storage tank

appeals involving a Jersey County facility.

Illinois State Toll Highway Authority v. IEPA – The Board granted

petitioner’s motion for voluntary dismissal of certain underground

storage tank appeals involving Lake, Boone, and Cook Counties

facilities. Future orders will only contain the docket numbers for

the remaining open cases: PCB 98-115; PCB 98-136; PCB 99-56;

PCB 00-51; PCB 00-52; and PCB 00-89.

People of the State of Illinois v. Wood River Refining Company –

No action taken.

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

E.G. Vogt Oil Company, Inc. v. IEPA – The Board granted

petitioner’s motion for voluntary dismissal of this underground

storage tank appeal involving a St. Clair County facility.

Freeburg Investors Group, Inc. v. IEPA – The Board granted

petitioner’s motion for voluntary dismissal of this underground

storage tank appeal involving a St. Clair County facility.

East Side Acquisitions v. IEPA – The Board granted petitioner’s

motion for voluntary dismissal of this underground storage tank

appeal involving a St. Clair County facility.

Stephen M. Lardner v. Dominick’s Finer Foods, Inc., The

Landowner of Longmeadow Commons – The Board granted

complainant’s motion for voluntary dismissal of this citizen’s noise

enforcement action involving a Lake County facility.

Linneman Oil Company v. IEPA – The Board granted petitioner’s

motion for voluntary dismissal of this underground storage tank

appeal involving a Monroe County facility.

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

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

for voluntary dismissal of this underground storage tank appeal

involving a Madison County facility.

E.G. Vogt Oil Company, Inc. v. IEPA – No action taken.

People of the State of Illinois v. Goelitz Confectionery Company

and Goelitz Confectionery Export Company, Inc. – 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 Lake County facility, the Board

ordered publication of the required newspaper notice.

People of the State of Illinois v. N.E. Finch Company and Peoria

Associates – 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 Peoria

County facility, the Board ordered publication of the required

newspaper notice.

Village of Park Forest v. Sears, Roebuck & Company – The Board

denied respondent’s motion for summary judgment and ordered this

matter to proceed to hearing.

Waste Management of Illinois, Inc. d/b/a Waste Management of

Peoria v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this underground storage tank appeal

involving a Tazewell County facility.

ESG Watts, Inc. v. IEPA – Having received a petition for review

filed in the Fourth District Appellate Court by petitioner, the Board

declined to consider respondent’s motion for reconsideration of its

April 4, 2002 opinion and order, as this matter is no longer before

People of the State of Illinois v. Richard Williams d/b/a C.R.

Williams & Associates, Architects – 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.

People of the State of Illinois v. Wagner Castings Company – 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 Macon County facility, the

Board ordered publication of the required newspaper notice.

Cole Taylor Bank under Trust #40323, as successor trustee to

Michigan Avenue National Bank of Chicago, under Trust #1904 v.

Rowe Industries, Inc., successor to Coleman Cable and Wire

Company, and Chapco Carton Company – The Board struck eight

of the nine affirmative defenses raised by respondent Chapco, and

all seven affirmative defenses raised by respondent Rowe. The

Board found that respondents improperly pled affirmative defenses

concerning: Sections 31(e) and 33(c) criteria under the

Environmental Protection Act (415 ILCS 5/31(e), 33(c) (2000)); act

of God; act of third parties; lack of material causation/contribution;

and whether any release was permitted by state or federal law. The

Board determined that respondents properly raised affirmative

defenses concerning

and whether the complaint was

duplicitous, but found that these defenses were without merit. This

matter shall proceed to hearing on the remaining allegations.

People of the State of Illinois v. Royster-Clark, 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 LaSalle County facility, the Board

ordered publication of the required newspaper notice.

People of the State of Illinois v. J&F Hauling, Inc. – The Board

granted complainant’s motion for summary judgment, and found

respondent in violation of Sections 21(a), (d)(1) and (2), (e), and

(p)(1), and 55(a) of the Environmental Protection Act (415 ILCS

5/21(a),(d)(1) and (2),(e),(p)(1) and 55(a) (2000)) and 35 Ill. Adm.

Code 722.111, 808.121, and 812.101(a). The Board directed this

matter to hearing on the specific issues of the appropriate penalty

amount, costs, and attorney fees.

People of the State of Illinois v. City of Golconda, Brown,

Roffmann & Roberts, Inc., and Forby Excavating, Inc. – 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 Pope County

facility, the Board ordered publication of the required newspaper

Milton C. and Virginia L. Kamholz v. Lawrence and Marianne

Sporleder – The Board denied complainants’ motion for summary

judgment and struck respondents’ affirmative defenses. The Board

directed this matter to hearing.

The American Coal Company-Galatia (Landfill) v. IEPA – The

Board granted petitioner’s motion for voluntary dismissal of this

tax certification appeal involving a Saline County facility.

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

Blake 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 Ogle

County facility.

Logan Jones, Ltd. Partnership v. IEPA – The Board accepted for

hearing this underground storage tank appeal involving a Cook

County facility.

Rezmar Corporation v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Cook County facility.

People of the State of Illinois v. Entler Excavating Company, Inc. –

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 Macon County facility,

the Board ordered publication of the required newspaper notice.

UAP Richter Company (McDonough County) v. IEPA – The Board

accepted for hearing this tax certification appeal involving a

McDonough County facility.

Gere Properties, Inc. v. Jackson County Board and Southern Illinois

Regional Landfill, Inc. – The Board accepted for hearing this third-

party pollution control facility siting appeal involving a Jackson

County facility.

PM Ag Products, 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 Pike County facility.

Gallagher Asphalt 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.

Illinois State Toll Highway Authority 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.

Home Oil Company v. IEPA – The Board granted petitioner’s

motion to consolidate this matter with PCB 02-206 and accepted for

hearing this underground storage tank appeal involving a St. Clair

County facility.

Home Oil Company v. IEPA – The Board granted petitioner’s

motion to consolidate this matter with PCB 02-205 and accepted for

hearing this underground storage tank appeal involving a St. Clair

County facility.

Wallace Pharmaceuticals v. IEPA – The Board accepted for hearing

this air variance request involving a Macon County facility. The

Board granted petitioner’s motion to withdraw motion for expedited

review and/or retroactive relief.

Brian Finley, Local 3315 of the American Federation of State,

County, and Municipal Employees (Cook County Public Defenders

Association) and named others v. Acme Barrel Company, Inc. a/k/a

Acme Barrel Company, a/k/a IFCO Systems Chicago, Inc. and

others – The Board held for a later duplicitous/frivolous

determination this citizens’ air enforcement action involving a

Cook County facility.

E.P.M.A. 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 Cook County facility.

Elston/Webster, LP v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Cook County facility.

Stein Steel Mill Services, Inc. v. IEPA – The Board accepted for

hearing this permit appeal involving a Madison County facility.

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.

People of the State of Illinois v. Action Athletic Equipment, Inc. –

The Board accepted for hearing this permit appeal involving a Lake

County facility.

Metropolitan Water Reclamation District of Greater Chicago v.

IEPA – The Board accepted for hearing this permit appeal

involving a Cook County facility.

CASES PENDING DECISION

In the Matter of: Water Quality Triennial Review: Amendments to

35 Ill. Adm. Code 302.208(e)-(g), 302.504(a), 302.575(d), 303.444,

309.141(h); and Proposed 35 Ill. Adm. Code 301.267, 301.313,

301.413, 304.120, and 309.157 – Proposed Rule, First Notice,

Opinion and Order

Roger L. Young and Roman K. Young v. Gilister-Mary Lee

The Ensign-Bickford Company v. IEPA

OTHER ITEMS

Chairman Manning’s motion to change the location of the July 11, 2002 Board meeting from

Springfield, Illinois to Chicago, Illinois was granted by a vote of 7-0.

Chairman Manning’s motion to cancel the July 25, 2002 Board meeting was granted by a vote of

ADJOURNMENT

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

12:15 a.m. to an Executive Session.

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

approved the above minutes on June 20, 2002 by a vote of 7-0.