ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
AUGUST 8, 2002 SPRINGFIELD OFFICE
600 South Second Street - Suite 403
Hearing Room
11:00 A.M.
ANNOUNCEMENTS
After calling the meeting to order, Chairman Manning welcomed members of the public and
staff to the meeting.
ROLL CALL
The Administrative Assistant to the Chairman called the roll. All Board Members were present.
APPROVAL OF MINUTES
Minutes of the July 11, 2002 meeting were approved by a vote of 6-0, Board Member Marovitz
abstained.
RULEMAKINGS
R02-20
In the Matter of: Proposed Horween Leather Company Site-
Specific Air Rule, 35 Ill. Adm. Code 218.112 and 218.929 – The
Board adopted a first notice opinion and order in this matter to
amend the Board’s air regulations.
7-0
R, Air
Site
Specific
R03-1
In the Matter of: UST Update, USEPA Regulations (January 1,
2002 through June 30, 2002) – The Board dismissed this reserved
identical-in-substance docket because the United States
Environmental Protection Agency did not amend its underground
storage tank regulations during the update period.
7-0
R, Land
1
R03-2
In the Matter of: Wastewater Pretreatment Update, USEPA
Regulations (January 1, 2002 through June 30, 2002) – The Board
dismissed this reserved identical-in-substance docket because the
United States Environmental Protection Agency did not amend its
wastewater pretreatment regulations during the update period.
7-0
R, Land
R03-3
In the Matter of: Exemptions from the Definition of VOM Update,
USEPA Regulations (January 1, 2002 through June 30, 2002) – The
Board dismissed this reserved identical-in-substance docket
because the United States Environmental Protection Agency did not
amend its exemptions from the definition of volatile organic
material regulations
during the update period.
7-0
R, Air
R03-5
In the Matter of: UIC Update, USEPA Regulations (January 1,
2002 through June 30, 2002) – The Board dismissed this reserved
identical-in-substance docket because the only United States
Environmental Protection Agency amendment to underground
injection control regulations during the update period did not
require any Board action.
7-0
R, Land
R03-6
In the Matter of: RCRA Subtitle D Update, USEPA Regulations
(January 1, 2002) – The Board dismissed this reserved identical-in-
substance docket because the only United States Environmental
Protection Agency amendment to its non-hazardous waste
regulations during the update period did not require any Board
action.
7-0
R, Land
R03-8
In the Matter of: Noise Rule Update: Amendments to 35 Ill. Adm.
Code 900 – The Board reserved this docket for a future rulemaking
to amend the Board’s noise pollution control regulations.
R, Noise
ADMINISTRATIVE CITATIONS
AC 01-29
AC 01-30
(Cons.)
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 order requiring respondents to pay
the Board and the
Environmental Protection Agency hearing costs in the amount of
$281.10 and $69.33 respectively, and a civil penalty of $6,000.
This order follows the Board's interim order of June 6, 2002, which
5-2
Girard and
Johnson
dissented
2
found that this respondent had violated Sections 21(p)(3) and (p)(7)
of the Environmental Protection Act (415 ILCS 5/21(p)(3), (p)(7)
(2000)
amended by
P.A. 92-0574, eff. June 26, 2002) and assessed
a penalty of $6,000 at respondents’ Schuyler County facility.
AC 01-42
IEPA v. Alan Smith – The Board entered an order requiring
respondent to pay
the Board and the Environmental Protection
Agency hearing costs in the amount of $335.25 and $88.65
respectively, and a civil penalty of $1,500. This order follows the
Board's interim order of June 6, 2002, which found that this
respondent had violated Section 21(p)(3) of the Environmental
Protection Act (415 ILCS 5/21 (p)(3) (2000)
amended by
P.A. 92-
0574, eff. June 26, 2002) and assessed a penalty of $1,500 at
respondent’s Champaign County facility.
7-0
AC 02-2
IEPA v. Nordean and Susan Simons d/b/a Berman Auto Parts – The
Board entered an interim opinion and order finding respondents
violated Section 21(p)(1) of the Environmental Protection Act (415
ILCS 5/21(p)(1) (2000)
amended by
P.A. 92-0574, eff. June 26,
2002) 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 respondents.
7-0
AC 02-7
IEPA v. Terry and Litisha Springer The Board entered an interim
opinion and order finding respondents violated Section 21(p)(1) of
the Environmental Protection Act (415 ILCS 5/21(p)(1) (2000)
amended by
P.A. 92-0574, eff. June 26, 2002) 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
respondents.
7-0
AC 02-16
IEPA v. Brad Krstic – The Board entered an order requiring
respondent to pay
the Board and the Environmental Protection
Agency hearing costs in the amount of $467.00 and $140.40
respectively, and a civil penalty of $1,500. This order follows the
Board's interim order of June 6, 2002, which found that this
respondent had violated Section 21(p)(3) of the Environmental
Protection Act (415 ILCS 5/21 (p)(3) (2000)
amended by
P.A. 92-
0574, eff. June 26, 2002) and assessed a penalty of $1,500 at
respondent’s Mercer County facility.
7-0
AC 02-18
IEPA v. Bradney Luckhart – In response to a joint stipulation and
settlement agreement in this administrative citation action involving
7-0
3
a Logan County facility, the Board found respondent violated
Section 21(p)(3) of the Environmental Protection Act (Act) (415
ILCS 5/21(p)(3) (2000)
amended by
P.A. 92-0574, eff. June 26,
2002) and ordered respondent to pay a civil penalty of $1,500. The
Board also dismissed the alleged violations of Sections 21(p)(1)
and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2000)
amended
by
P.A. 92-0574, eff. June 26, 2002).
AC 02-20
IEPA v. Housewright Lumber Company and William A.
Housewright – In response to a joint stipulation and settlement
agreement in this administrative citation action involving a
Hancock County facility, the Board found respondents violated
Sections 21(p)(1) and (p)(3) of the Environmental Protection Act
(415 ILCS 5/21(p)(1), (p)(3) (2000)
amended by
P.A. 92-0574, eff.
June 26, 2002) and ordered respondents to pay a civil penalty of
$3,000. The Board also dismissed the alleged violations of
Sections 21(p)(4) and (p)(7) of the Act (415 ILCS 5/21(p)(4), (p)(7)
(2000)
amended by
P.A. 92-0574, eff. June 26, 2002).
7-0
AC 02-32
IEPA v. Colorado Real Estate & Investment Company – 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)
amended by
P.A. 92-0574, eff. June 26, 2002) and ordered
respondent to pay a civil penalty of $1,500. The Board also
dismissed the alleged violations of Section 21(p)(7) of the Act (415
ILCS 5/21(p)(7) (2000)
amended by
P.A. 92-0574, eff. June 26,
2002).
7-0
AC 02-39
IEPA v. Jerel Childers – In response to a joint stipulation and
settlement agreement in this administrative citation action involving
a Massac County facility, the Board found respondent violated
Section 21(p)(1) of the Environmental Protection Act (Act) (415
ILCS 5/21(p)(1) (2000)
amended by
P.A. 92-0574, eff. June 26,
2002) and ordered respondent to pay a civil penalty of $1,500. The
Board also dismissed the alleged violations of Sections 21(p)(3)
and (p)(7) of the Act (415 ILCS 5/21(p)(3), (p)(7) (2000)
amended
by
P.A. 92-0574, eff. June 26, 2002).
7-0
AC 02-42
IEPA v. Herbert L. Board – In response to a joint stipulation and
settlement agreement in this administrative citation action involving
a Edgar County facility, the Board found respondent violated
Section 21(p)(1) of the Environmental Protection Act (Act) (415
ILCS 5/21(p)(1) (2000)
amended by
P.A. 92-0574, eff. June 26,
7-0
4
2002) and ordered respondent to pay a civil penalty of $1,500.
AC 02-56
City of Chicago Department of Environment v. City Wide Disposal,
Inc. – The Board dismissed this administrative citation involving a
Cook County facility due to the City of Chicago’s failure to timely
serve it on respondent.
7-0
AC 02-57
City of Chicago Department of Environment v. City Wide Disposal,
Inc. – The Board found that this Cook County respondent violated
Sections 21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7)
(2000)
amended by
P.A. 92-0574, eff. June 26, 2002), and ordered
respondent to pay a civil penalty of $3,000
.
6-1
Girard
dissented
AC 02-58
IEPA v. RCS, Inc. and Robert Fosnock – The Board dismissed this
administrative citation involving a Jersey County facility due to the
Environmental Protection Agency’s failure to timely serve it on
respondents.
7-0
AC 02-61
IEPA v. Steve Koester – The Board accepted for hearing this
petition for review of an administrative citation against this
Champaign County respondent.
7-0
AC 03-1
IEPA v. Tony Luttrell – The Board accepted an administrative
citation against this Clay
County respondent.
AC 03-2
IEPA v. Ed Heitz - The Board accepted an administrative citation
against this McLean
County respondent.
AC 03-3
IEPA v. Rayetta Thompson – The Board accepted an administrative
citation against this Union
County respondent.
AC 03-4
City of Chicago Department of Environment v. Mannion Plumbing,
Inc. – The Board accepted an administrative citation against this
Cook
County respondent.
AC 03-5
IEPA v. Loxley, Inc. – The Board accepted an administrative
citation against this Cass
County respondent.
5
ADJUDICATORY CASES
Decisions
PCB 96-256
People of the State of Illinois v. Crier Development Company and
Bradley S. Cowell –– Having previously found that respondent
violated Section 12(b) of the Act and 35 Ill. Adm. Code 309.202(a)
(415 ILCS 5/12(b) (2000)
amended by
P.A. 92-0574, eff. June 26,
2002), the Board ordered the respondents to pay a total civil penalty
of $25,000 and to cease desist from further violation of the Act.
Complainant must file an affidavit in support of their request for
fees by August 22, 2002, and respondents may file a response to the
affidavit by September 5, 2002.
6-1
Marovitz
dissented
W-E
PCB 03-4
People of the State of Illinois v. Oak Terrace Sanitary System, Inc.
– In this water 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)
amended by
P.A. 92-0574, eff. June 26, 2002),
accepted a final stipulation and settlement agreement, ordered the
respondent to pay a total civil penalty of $4,000, and to cease and
desist from further violations.
6-1
Marovitz
dissented
W-E
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. d/b/a
Michel Fertilizer, Carlyle Michel, and Ronnie Todd – No action
taken.
W-E
PCB 97-66
People of the State of Illinois v. D’Angelo Enterprises, Inc. – No
action taken.
RCRA-E
PCB 97-119
People of the State of Illinois v. G&M Total, Inc. and George
Papas, individually and as President of G&M Total, Inc. – The
Board denied respondent’s motion for leave to appear pro hac vice.
7-0
UST-E
PCB 97-193
People of the State of Illinois v. Community Landfill Company,
Inc. – The Board denied complainant’s motion to strike
respondent
affidavit, and will allow
complainant until August 15, 2002 to
respond to the motion to strike affidavit
.
7-0
L-E
6
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 –
The Board granted in part and denied in part complainant’s motion
to strike affirmative defenses.
7-0
A-E
PCB 99-134
People of the State of Illinois v. Peabody Coal Company – No
action taken.
W-E
PCB 99-193
People of the State of Illinois v. The Purdy Company and Indiana
Harbor Belt Railroad – Upon receipt of a proposed stipulation and
settlement agreement and an agreed motion to request relief from
the hearing requirement in this land enforcement action involving a
Cook County facility, the Board ordered publication of the required
newspaper notice.
7-0
L-E
PCB 00-111
People of the State of Illinois v. R. Frietsch & Company, Inc. – The
Board denied the motions for summary judgment and found it
unnecessary to decide on the complainant’s motion to strike the
affidavit.
7-0
A-E
PCB 00-140
Gladys L. Knox and David A. Knox v. Turris Coal Company and
AEI Resources, Inc. – The Board denied respondent’s objections to
evidentiary rulings finding that the hearing officer correctly ruled to
allow the testimony, report, and rebuttal testimony of Greg Zak.
7-0
Citizens
N-E
PCB 00-160
ESG Watts, Inc. (Sangamon Valley Landfill) v. IEPA – The Board
declined to rule on petitioner’s motion for summary judgment and
ordered this matter to proceed to hearing.
7-0
P-A, Land
PCB 00-219
Stephen G. Brill v. Henry Latoria d/b/a T.L. Trucking Foodliner –
No action taken.
Citizens
A&N-E
7
PCB 00-226
Equilon Enterprises L.L.C. v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this air permit appeal
involving a Cook County facility.
7-0
P-A, Air
PCB 01-38
Equilon Enterprises L.L.C. v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this air permit appeal
involving a Cook County facility.
7-0
P-A, Air
PCB 01-39
Lannis Walters d/b/a Fat Boy Pizza (Get & Go) v. IEPA - No action
taken.
UST-FRD
PCB 01-116
Premcor Refining Group, Inc. v. IEPA - The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a DuPage County facility.
7-0
UST
Appeal
PCB 01-167
People of the State of Illinois v. ESG Watts, Inc. – No action taken.
A,W&L-E
PCB 02-56
People of the State of Illinois v. Chiquita Processed Foods, L.L.C. –
No action taken.
W-E
PCB 02-172
Reichhold Chemicals, Inc. (Corrective Actions Cost November 11,
1998 through November 26, 1999) 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.
7-0
UST Fund
PCB 02-183
Shearon, 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
McHenery County facility.
7-0
UST
Appeal
8
PCB 02-187
UOP L.L.C. v. IEPA – The Board accepted for hearing this permit
appeal involving a Cook County facility.
7-0
P-A, Air
PCB 02-188
Smithfield Properties IV, L.L.C. 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.
7-0
UST
Appeal
PCB 02-189
Wareco Service, Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Knox County facility.
7-0
UST Fund
PCB 02-190
Mark IV Realty, Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Cook County facility.
6-0
Melas
recused
UST
Appeal
PCB 02-193
Illinois Valley Paving 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 Scott County facility.
7-0
UST-
Appeal
90-Day
Ext.
PCB 02-196
Smoot Oil Company v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving an Union County
facility.
7-0
UST-FRD
PCB 02-205
PCB 02-206
Home Oil Company v. IEPA – No action taken.
UST Fund
9
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 – The Board found that the alleged violations in the
complaint were neither duplicative nor frivolous, denied
respondent’s motion to dismiss, and accepted for hearing this
matter involving a Cook County facility.
7-0
Citizens
A-E
PCB 02-225
Janet Wagner v. Lisa Perenchio and Jim Weihsmantel – The Board
found that the alleged violations in the complaint were neither
duplicative nor frivolous, denied respondent’s motion to dismiss,
and accepted for hearing this matter involving a Cook County
facility.
7-0
Citizens
N-E
PCB 03-3
Akzo Nobel Surface Chemistry L.L.C. v. IEPA - No action taken.
W-V,
NPDES
PCB 03-5
People of the State of Illinois v. Star Electronics, Inc. – The Board
accepted for hearing this air enforcement action involving a Cook
County facility.
7-0
A-E
PCB 03-6
The City of Farmington, Farmington Sanitary District, and The
Farmington Central Community Unit School District No. 265 v.
IEPA – No action taken.
W-V
NPDES
PCB 03-7
Hurley Rulon, Carol Rulon, Frank Ewen, Janice Ewen, Jerome
Hayn, Betty Hayn, John O. Schumann, Alice Schumann, Brenda
Nord, Carl Nord, April Swan, Anthony Swan, Carol Adkins, Paul
Adkins, and Paul Niebruegge v. Double D Gun Club – The Board
held for a later duplicative /frivolous determination this citizen’s
land and water enforcement action involving a Calhoun County
facility.
Citizens
L&W-E
PCB 03-8
Ralph Johnson Estate 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 Christian County facility.
7-0
UST
Appeal
90-Day
Ext.
10
PCB 03-9
Piasa Motor Fuels 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 Madison County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-10
Ralph’s Bonded 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 Hancock County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-11
City of Carlyle v. IEPA – The Board accepted this public water
supply variance involving a Clinton County facility.
7-0
PWS-V
PCB 03-12
People of the State of Illinois v. Riverstone Group, Inc. – The
Board accepted for hearing this water enforcement action involving
a LaSalle County facility.
7-0
W-E
PCB 03-13
People of the State of Illinois v. Chicago Diversified Projects, Inc.
– The Board accepted for hearing this air enforcement action
involving a Cook County facility.
7-0
A-E
ADJOURNMENT
Moved and seconded, by a vote of 7-0, Chairman Manning adjourned the meeting at
11:55 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
11
