ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
JULY 11, 2002 CHICAGO OFFICE
100 West Randolph Street
Conference Room 9-040
11:00 A.M.
ANNOUNCEMENTS
After calling the meeting to order, Chairman Manning welcomed members of the public and
staff to the meeting. Chairman Manning then introduced recently appointed Board Member
William Marovitz and his secretary Christine Zachwiej. Board Member William Marovitz
abstained from voting on all items but cancellation of the July 18, 2002 Deliberative Session.
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
Minutes of the June 20, 2002 meeting were approved by a vote of 5-0.
RULEMAKINGS
R02-10
In the Matter of: Amendments to General Permitting Provisions for
Portable Emission Units: Amendments to 35 Ill. Adm. Code 201 –
The Board adopted a first notice opinion and order in this matter to
amend the Board’s air regulations.
5-0
R, Air
R03-1
In the Matter of: UST Update, USEPA Amendments (January 1,
2002 through June 30, 2002) – The Board reserved this docket for a
routine identical-in-substance update. The update includes any
federal amendments which occurred during the period of January 1,
2002, through June 30, 2002.
R, Land
R03-2
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (January 1, 2002 through June 30, 2002) – The Board
reserved this docket for a routine identical-in-substance update.
The update includes any federal amendments which occurred
during the period of January 1, 2002, through June 30, 2002.
R, Water
R03-3
In the Matter of: Definition of VOM Update, USEPA Amendments
(January 1, 2002 through June 30, 2002) – The Board reserved this
docket for a routine identical-in-substance update. The update
includes any federal amendments which occurred during the period
of January 1, 2002, through June 30, 2002.
R, Air
R03-4
In the Matter of: SDWA Update, USEPA Amendments (January 1,
2002 through June 30, 2002) – The Board reserved this docket for a
routine identical-in-substance update. The update includes any
federal amendments which occurred during the period of January 1,
2002, through June 30, 2002.
R, PWS
R03-5
In the Matter of: UIC Update, USEPA Amendments (January 1,
2002 through June 30, 2002) – The Board reserved this docket for a
routine identical-in-substance update. The update includes any
federal amendments which occurred during the period of January 1,
2002, through June 30, 2002.
R, Land
R03-6
In the Matter of: RCRA Subtitle D (Municipal Solid Waste
Landfill) Update, USEPA Amendments (January 1, 2002 through
June 30, 2002) – The Board reserved this docket for a routine
identical-in-substance update. The update includes any federal
amendments which occurred during the period of January 1, 2002,
through June 30, 2002.
R, Land
R03-7
In the Matter of: RCRA Subtitle C (Hazardous Waste) Update,
USEPA Amendments (January 1, 2002 through June 30, 2002) –
The Board reserved this docket for a routine identical-in-substance
update. The update includes any federal amendments which
occurred during the period of January 1, 2002, through June 30,
2002.
R, Land
2
ADMINISTRATIVE CITATIONS
AC 02-17
IEPA v. Charles Goodwin – The Board dismissed this
administrative citation, finding it was improperly issued because of
contradictory instructions from the Illinois Environmental
Protection Agency.
5-0
AC 02-30
IEPA v. City of Wenona – In response to a joint stipulation and
settlement agreement in this administrative citation action involving
a Marshall 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 violations of Section 21(p)(4) and (p)(7) of
the Act (415 ILCS 5/21(p)(4), (p)(7) (2000)).
5-0
AC 02-52
IEPA v. Maurice Newcomer – The Board found that this Carroll
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
.
5-0
AC 02-59
IEPA v. Jason Hari and Canadian National/Illinois Central Railroad
– The Board granted complainant’s motion for voluntary dismissal
of this administrative citation involving a Ford County facility.
5-0
AC 02-60
IEPA v. Little Dozing Service, Inc. –The Board accepted for
hearing this petition for review of an administrative citation against
this Edgar County respondent.
5-0
AC 02-61
IEPA v. Steve Koester – The Board accepted an administrative
citation against this Champaign
County respondent.
ADJUDICATORY CASES
Decisions
PCB 99-192
People of the State of Illinois v. Gulco Corporation a/k/a Gutmann
Leather Company, Inc. – In this air enforcement action concerning
a Cook County facility, the Board granted relief from the hearing
requirement of Section 31(c)(1) of the Environmental Protection
5-0
A-E
3
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.
PCB 01-17
People of the State of Illinois v. N.E. Finch and Peoria Associates –
In this air enforcement action concerning a Peoria 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 $10,000, and
to cease and desist from further violations.
5-0
A-E
PCB 01-86
Robert Gardner and Yvonne Gardner v. Township High School
District 211 and Gerald Chapman, Superintendent – The Board
found that respondent did not violate
Section 24 of the
Environmental Protection Act (415 ILCS 5/24 (2000)) and 35 Ill.
Adm. Code 900.102 of the Board’s noise regulations and closed
the docket.
5-0
Citizens
N-E
PCB 01-144
People of the State of Illinois v. 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
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 $7,000, and to cease and
desist from further violations.
5-0
PWS-E
PCB 01-161
People of the State of Illinois v. Wagner Castings Company, Inc. –
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 $115,000, and
to cease and desist from further violations.
5-0
A-E
PCB 02-8
People of the State of Illinois v. Royster-Clark, Inc. – In this water
enforcement action concerning a LaSalle 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 $30,000, and to cease and
5-0
W-E
4
desist from further violations.
PCB 02-36
People of the State of Illinois v. City of Golconda, Brown,
Roffmann & Roberts, Inc., and Forby Excavating, Inc. – In this
public water supply enforcement action concerning a Pope 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
$3,800, and to cease and desist from further violations.
5-0
PWS-E
PCB 02-113
Duke Energy North America (Lee County) v. IEPA – On February
21, 2002, the Board opened a docket to address the Illinois
Environmental Protection Agency 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 Lee
County. Because petitioner failed to timely file a petition, the
Board denies tax certification for the sanitary waste septic tank and
associated lift station based upon on respondent’s recommendation.
5-0
T-C
PCB 02-121
Aux Sable Liquid Products, Noise Pollution Control Equipment v.
IEPA – On March 21, 2002, the Board opened a docket to address
the Illinois Environmental Protection Agency 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 Grundy County. Because petitioner failed to timely file a
petition, the Board denies tax certification for the noise pollution
abatement control facility based upon on respondent’s
recommendation.
5-0
T-C
Motions and Other Matters
Additional motions on the following cases filed prior to this meeting may be included here
.
PCB 96-143
People of the State of Illinois v. Michel Grain Company, Inc. a/k/a
Michel Fertilizer, Carlyle Michel, and Ronnie Todd – No action
taken.
W-E
5
PCB 97-66
People of the State of Illinois v. D’Angelo Enterprises, Inc. – No
action taken.
RCRA-E
PCB 97-193
People of the State of Illinois v. Community Landfill Company,
Inc. – No action taken.
L-E
PCB 98-80
People of the State of Illinois v. Craig Linton and Randy Rowe –
No action taken.
L-E
Tires
PCB 99-120
People of the State of Illinois v. Wood River Refining Company –
No action taken.
A-E
PCB 00-111
People of the State of Illinois v. R. Frietsch & Company, Inc. – No
action taken.
A-E
PCB 00-163
David McDonough and Jacquelyn McDonough v. Gary Robke –
The Board granted respondent’s motion for extension of time to file
the noise report. The noise report must be filed and served on the
McDonoughs on or before August 5, 2002.
5-0
Citizens
N-E
PCB 01-116
The Premcor Refining Group, Inc. v. IEPA – No action taken.
UST
Appeal
PCB 01-148
Sierra Club, Friends of the Fox River and Prairie Rivers Network v.
IEPA and Fox River Water Reclamation District – The Board
granted petitioner’s motion for voluntary dismissal of this National
Pollutant Discharge Elimination System permit appeal involving a
Kane County facility.
5-0
P-A,
NPDES
3rd Party
PCB 02-31
Bridgestone/Firestone Off-Road Tire Company v. IEPA – The
Board granted petitioner’s motion for voluntary dismissal of this air
permit appeal involving a McLean County facility.
5-0
P-A, Air
PCB 02-91
Rezmar Corporation v. IEPA – The Board granted petitioner’s 4-0
6
PCB 02-116
motion for consolidation of these underground storage tank appeals
involving a Cook County facility.
Melas
abstained
UST Fund
PCB 02-96
Estate of Edmund F. Radkiewicz v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a DuPage County facility.
5-0
UST
Appeal
PCB 02-108
Saline County Landfill, Inc. v. IEPA; County of Saline, Intervenor
– The Board denied intervenor's motion to reconsider or modify its
May 16, 2002 opinion.
5-0
P-A, Land
PCB 02-130
Strong 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 Schuyler County facility.
5-0
UST Fund
PCB 02-156
Chroma Corporation 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 McHenry County facility.
5-0
P-A,
NPDES
PCB 02-160
Rockford Stop-N-Go, Inc. v. IEPA – The Board granted petitioner’s
motion for admission pro hac vice and accepted for hearing this
underground storage tank appeal involving a Boone County facility.
5-0
UST Fund
PCB 02-163
Illinois State Toll Highway Authority (South Holland/Lincoln
Oasis – Lincoln North) 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.
5-0
UST
Appeal
PCB 02-166
Mick’s Garage 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
Madison County facility.
5-0
UST Fund
7
PCB 02-208
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 – No action taken.
Citizens
A-E
PCB 02-223
Exxon Mobile Oil Corporation (Low Sulfur MO-GAS Equipment)
v. IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Exxon Mobile Oil Corporation located in Will
County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2000)).
5-0
T-C
PCB 02-224
Atchison Amoco Service 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 Randolph County facility.
5-0
UST Fund
90-Day
Ext.
PCB 02-225
Janet Wagner v. Lisa Perenchio and Jim Weihsarantel – The Board
held for a later duplicitous/frivolous determination this citizen’s
noise enforcement action involving a Cook County facility.
Citizens
N-E
PCB 03-1
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 DeKalb County facility.
5-0
UST Fund
90-Day
Ext.
PCB 03-2
Todd’s Service Station 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 Tazewell County facility.
5-0
90-Day
Ext.
PCB 03-3
Akzo Nobel Surface Chemistry L.L.C. v. IEPA – The Board found
the petition deficient in this water variance request involving a
Grundy County facility, and ordered petitioner to file an amended
petition to cure specified deficiencies no later than August 10,
2002, or the petition would be subject to dismissal.
5-0
W-V,
NPDES
8
OTHER ITEMS
Chairman Manning’s motion to cancel the July 18, 2002
Deliberative Session was granted by a vote of 6-0.
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 August 8, 2002 by a vote of.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
9
