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

IEPA v. Ivan R. Smith – In response to a joint st
IEPA v. Roeco Enterprises, Inc. – The Board grant
IEPA v. Little Dozing Service, Inc. – The Board a
PCB 92-167
PCB 97-66
PCB 97-193
PCB 99-120
PCB 99-134
PCB 99-192
PCB 00-111

ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

JUNE 20, 2002 CHICAGO OFFICE

100 West Randolph Street

Conference Room 9-040

ANNOUNCEMENTS

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

staff to the meeting. Chairman Manning then introduced and welcomed new staff members,

Amy Antoniolli and Cynthia Collier Laudeman. The Chairman then thanked Member Lawton

for his valuable contributions to the Board, wishing him well in future endeavors.

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

APPROVAL OF MINUTES

Minutes of the June 6, 2002 meeting were approved by a vote of 7-0.

RULEMAKINGS

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

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

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

301.413, 304.120, and 309.157 – The Board adopted a first notice

opinion and order in this matter to amend the Board’s water

ADJUSTED STANDARDS

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

from 35 Ill. Adm. Code 304.122 – The Board accepted this

Marshall County facility’s petition for an adjusted standard.

ADMINISTRATIVE CITATIONS

IEPA v. Ivan R. Smith – In response to a joint stipulation and

settlement agreement in this administrative citation action involving

an Schuyler 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

motions to dismiss the alleged violations of Section 21(p)(3),

(p)(4), and (p)(7) of the Act (415 ILCS 5/21(p)(3), (p)(4), (p)(7)

(2000)), to dismiss Lois Smith as a respondent, and dismiss the

petition for review.

IEPA v. Roeco Enterprises, Inc. – The Board granted respondent’s

motions to dismiss its petition for review. The Board found that

this Champaign County respondent violated Sections 21(p)(1),

(p)(3), and (p)(7) of the Environmental Protection Act (Act) (415

ILCS 5/21(p)(1), (p)(3), and (p)(7) (2000)), and ordered respondent

to pay a civil penalty of $4,500

IEPA v. Little Dozing Service, Inc. – The Board accepted an

administrative citation against this Edgar

County respondent.

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

Corporation – Having previously found that respondent violated

Section 24 of the Environmental Protection Act (Act) (415 ILCS

5/24 (2000)) and 35 Ill. Adm. Code 900.102, the Board evaluated

respondent’s newly filed noise abatement program. The Board

ordered respondent to cease desist from further violation of the Act.

People of the State of Illinois v. Goelitz Confectionery Company

and Goelitz Confectionery Export Company, Inc. – In this air

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 the

respondents to pay a total civil penalty of $175,000, and to cease

and desist from further violations.

People of the State of Illinois v. Entler Excavating Company – In

this air enforcement action concerning a Macon 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 $15,000, and

to cease and desist from further violations.

The Ensign-Bickford Company v. IEPA – The Board granted this

Union County facility a one year variance, subject to conditions,

from the air regulation which prohibits open burning found at 35

Ill. Adm. Code 237.102.

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

Corporation – In this Resource Conservation and Recovery Act

enforcement action concerning a Cook 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 $15,000, and to cease and

desist from further violations.

ADJUDICATORY CASES

Motions and Other Matters

Noveon, Inc. f/k/a BF Goodrich Company (Henry Facility) v. IEPA

– The Board granted petitioner’s motion for voluntary dismissal of

this request for a variance involving a Marshall County facility.

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

People of the State of Illinois v. Community Landfill Company,

Inc. – No action taken.

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

No action taken.

People of the State of Illinois v. Peabody Coal Company – The

Board granted in part and denied in part respondent’s motion to

dismiss or strike the complaint.

People of the State of Illinois v. Gulco Corporation a/k/a Gutmann

Leather 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

Cook County facility, the Board ordered publication of the required

newspaper notice.

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

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

petitioner’s motion for stay to the hearing officer for deposition.

Rezmar Corporation v. IEPA – No action taken.

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

Saline County Landfill, Inc. v. IEPA; Saline County, intervenor –

No action taken.

Marlena Mackie 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 Marion

County facility.

Sports Aircraft, Inc. v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a DuPage County

Home Oil Company v. IEPA – The Board accepted for hearing the

amended petition in these consolidated underground storage tank

appeals involving a St. Clair County facility.

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.

Perfetti Van Melle USA, Inc. v. IEPA – The Board granted this

request for a 90-day extension of time to file a permit appeal on

behalf of this Lake County facility.

Prime Time Citgo, 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 Kane County facility.

Charles Stanford 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 Clay County facility.

Ampco Pittsburgh Corporation 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 (Alsip/Tri State Tollway) 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.

Newton Community High School 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 Jasper County facility.

Crazy D’s Peru, 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 LaSalle County facility.

Warren Oil Company, 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.

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 July 11, 2002 by a vote of 5-0.