ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
AUGUST 22, 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’s motion to issue a proclamation to honor retiring
Assistant Clerk of the Board Adaleen Hogan was adopted by a vote of 7-0. Chairman Manning
presented Ms. Hogan with the proclamation and expressed appreciation for her nineteen years of
outstanding service. The Chairman announced that a reception for Ms. Hogan and Board
Member Melas’ birthday would be held following the meeting.
ROLL CALL
The Assistant Clerk of the Board called the roll. All Board Members were present.
APPROVAL OF MINUTES
Minutes of the August 8, 2002 meeting were approved by a vote of 7-0.
RULEMAKINGS
R03-9
In the Matter of: Noise Rule Update: Amendments to 35 Ill. Adm.
Code 901 – The Board reserved this docket for a future rulemaking
to amend the Board’s noise pollution control regulations.
R, Noise
ADMINISTRATIVE CITATIONS
AC 02-43
IEPA v. James Potter - No action taken.
AC 02-58
IEPA v. RCS, Inc. and Robert Fosnock - No action taken.
AC 02-60
IEPA v. Little Dozing Service, Inc. - In response to a joint
stipulation and settlement agreement in this administrative citation
action involving an Edgar County facility, the Board found
respondent violated Sections 21(p)(1) and (p)(3) of the
Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3) (2000)
as amended by
P.A. 92-0574, eff. June 26, 2002) and ordered
respondent to pay a civil penalty of $3,000. The Board also
dismissed the alleged violation of Section 21(p)(7) of the Act (415
ILCS 5/21(p)(7) (2000)
as amended by
P.A. 92-0574, eff. June 26,
2002) and the petition for review.
7-0
AC 03-2
IEPA v. Ed Heitz - No action taken.
AC 03-6
IEPA v. Edward Sapp – The Board accepted an administrative
citation against this Logan
County respondent.
AC 03-7
IEPA v. Herb Flannel and Wallace Excavating Company – The
Board accepted an administrative citation against these Moultrie
County respondents.
AC 03-8
EPA v. Denny and Vicki Richey – The Board accepted an
administrative citation against these Clark
County respondents.
ADJUDICATORY CASES
Decisions
PCB 96-256
People of the State of Illinois v. Crier Development Company, and
Bradley S. Cowell – The Board granted complainant’s motion to
withdraw its request for attorney fees. Having previously found
that respondents violated Section 12(b) of the Act and 35 Ill. Adm.
Code 309.202(a) (415 ILCS 5/12(b) (2000)
as 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 and desist from
further violation of the Act.
6-1
Marovitz
dissented
W-E
2
PCB 97-20
People of the State of Illinois v. Bentronics Corporation – No
action taken.
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 – The Board
denied respondent Todd’s motion to be dismissed from this
enforcement action. Additionally, the Board ordered complainant
to amend its complaint within 30 days to reflect the notice to
respondents required under 35 Ill. Adm. Code 103.204(f). The
Board granted complainant leave to include in the amended
complaint any new allegations.
7-0
W-E
PCB 97-66
People of the State of Illinois v. D’Angelo Enterprises, Inc. – No
action taken.
RCRA-E
PCB 97-113
People of the State of Illinois v. Homin Lee d/b/a Meisel Plating –
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.
7-0
RCRA-E
PCB 98-80
People of the State of Illinois v. Craig Linton and Randy Rowe –
No action taken.
L-E
Tires
PCB 99-134
People of the State of Illinois v. Peabody Coal Company – The
Board granted complainant’s motion for leave to file its second
amended complaint, but also directed complainant to file a third
amended complaint, eliminating references to Section 302.208 of
the Board’s regulations.
7-0
W-E
3
PCB 00-104
People of the State of Illinois v. The Highlands, LLC, Murphy
Farms, Inc. (a division of Murphy Brown, LLC and Smithfield
Foods, Inc.) - The Board ordered complainant to provide proof of
notice to respondents required under 35 Ill. Adm. Code 103.204(f).
Upon proof that respondents have been served, the Board referred
complainant’s motion for leave to file an amended complaint to the
hearing officer for disposition.
7-0
A-E
PCB 00-219
Stephen G. Brill v. Henry Latoria d/b/a T.L. Trucking Foodliner –
No action taken.
Citizens
A&N-E
PCB 01-39
Lannis Walters d/b/a Fat Boy Pizza (Get & Go) v. IEPA - No action
taken.
UST-FRD
PCB 01-167
People of the State of Illinois v. ESG Watts, Inc. – The Board
referred complainant’s request for hearing on complaint and motion
for leave to file first amended complaint to the hearing officer for
disposition.
A,W&L-E
PCB 02-19
ChemRex, Inc. v. IEPA – The Board granted petitioner’s motion
for voluntary dismissal of this underground storage tank appeal
involving a Cook County facility.
7-0
UST
Appeal
PCB 02-56
People of the State of Illinois v. Chiquita Processed Foods, L.L.C. –
The Board found complainant’s motion to strike objections to the
request to admit facts to be moot and accepted complainant’s
response to affirmative defenses.
7-0
W-E
PCB 02-171
Reichhold Chemicals, Inc. (Corrective Actions Cost November 27,
1999 thru December 29, 2000) 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-FRD
4
PCB 02-202
PM AG Products, 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 Pike County facility.
7-0
UST-FRD
PCB 02-204
Illinois State Toll Highway Authority (ISTHA Maintenance
Facility M-5; 1-90, Mile Post 11) 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-FRD
PCB 02-205
PCB 02-206
Home Oil Company v. IEPA - The Board referred petitioner’s
motion to supplement the record and to compel production to the
hearing officer for disposition.
UST Fund
PCB 03-3
Akzo Nobel Surface Chemistry L.L.C. v. IEPA – The Board
accepted for hearing this petition for variance from effluent limits
involving a Grundy County facility.
7-0
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
found that the alleged violations in the complaint were frivolous
and dismissed this matter involving a Calhoun County facility.
7-0
Citizens
L&W-E
PCB 03-14
People of the State of Illinois v. Riba-Fairfield, Inc. – The Board
accepted for hearing this Resource Conservation and Recovery Act
enforcement action involving a Macon County facility.
7-0
RCRA-E
PCB 03-15
Rash, 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 Gallatin County facility.
7-0
UST-FRD
90-Day
Ext.
5
PCB 03-16
King's 66 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 Madison County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-17
People of the State of Illinois v. Petroleum Fuel & Terminal
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 Madison
County facility, the Board ordered publication of the required
newspaper notice.
7-0
A-E
CASES PENDING DECISION
R03-4
In the Matter of: SDWA Update, USEPA Amendments (January 1,
2002 through June 30, 2002; LTIESWTR) – Proposed Rule,
Proposal for Public Comment, Opinion and Order
Flemal
R-PWS
PCB 92-201
Gere Properties, Inc. v. Jackson County Board and Southern Illinois
Regional Landfill, Inc. (due 9/5)
Johnson
PCFSR,
Third
Party
ADJOURNMENT
Moved and seconded, by a vote of 7
-
0, Chairman Manning adjourned the meeting at
11:30 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on September 5, 2002 by a vote of 6-0.
Dorothy
M.
Gunn,
Clerk
6
