ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
SEPTEMBER 5, 2002
Chicago/Springfield Videoconference
CHICAGO OFFICE – 100 W. Randolph Street
Video Conference Room 11-512
and
SPRINGFIELD OFFICE – 600 South Second Street
Video Conference Room 402
11:00 A.M.
ANNOUNCEMENTS
After calling the meeting to order, Chairman Manning informed the audience that Member
Marovitz would be late and welcomed members of the public and staff to the meeting.
ROLL CALL
The Clerk of the Board called the roll and all Board Members answered present, except for
Member Marovitz who arrived at 11:20 a.m.
APPROVAL OF MINUTES
Minutes of the August 22, 2002 meeting were approved by a vote of 6-0.
RULEMAKINGS
R02-19
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 second notice opinion and order in
this matter to amend the Board’s water regulations.
6-0
R, Water
R03-4
In the Matter of: SDWA Update, USEPA Amendments (January 1,
2002 through June 30, 2002; LTIESWTR) – The Board adopted a
proposal for public comment in this “identical-in-substance”
rulemaking to amend the Board’s public water supply regulations.
7-0
R, PWS
1
ADMINISTRATIVE CITATIONS
AC 02-17
IEPA v. Charles Goodwin – No action taken.
AC 02-43
IEPA v. James Potter – The Board granted complainant’s motion
for voluntary dismissal of this administrative citation involving a
Edgar County facility.
7-0
AC 02-58
IEPA v. RCS, Inc. and Robert Fosnock – The Board granted
complainant's motion for reconsideration and vacated its August 8,
2002 order in this matter. The Board found that these Jersey
County respondents violated Section 21(o)(5) and (o)(12) of the
Act (415 ILCS 5/21(o)(5) and (o)(12) (2000)
amended by
P.A. 92-
0574, eff. June 26, 2002), and ordered respondents to pay a civil
penalty of $1,000
.
Respondents paid this penalty on June 26, 2002.
Accordingly, no further payment is required.
7-0
AC 03-1
IEPA v. Tony Luttrell – The Board found that this Clay County
respondent violated Section 21(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
.
7-0
AC 03-2
IEPA v. Ed Heitz – The Board granted complainant’s motion for
voluntary dismissal of this administrative citation involving a
McLean County facility.
7-0
AC 03-9
IEPA v. Robert Peters – The Board accepted an administrative
citation against this Adams
County respondent.
ADJUDICATORY CASES
Decisions
PCB 97-20
People of the State of Illinois v. Bentronics Corporation – Having
previously found that respondent violated Section 12(a), (d), and (f)
of the Environmental Protection Act (Act) (415 ILCS 5/12(a), (d)
and (f) (2000)
amended by
P.A. 92-0574, eff. June 26, 2002), and
35 Ill. Adm. Code 307.1101(a)(1), 307.2301(c)(1) and (2) of the
Board’s water pollution regulations, the Board ordered the
respondent to pay a total civil penalty of $110,000 and to cease and
desist from further violation of the Act. Complainant must file an
affidavit in support of their request for fees by September 19, 2002,
6-1
Marovitz
dissented
W-E
2
and respondents may file a response to the affidavit by October 3,
2002.
PCB 99-193
People of the State of Illinois v. The Purdy Company, and Indiana
Harbor Belt Railroad – In this land 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)
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
$10,000, and to cease and desist from further violations.
7-0
L-E
PCB 02-201
Gere Properties, Inc. v. Jackson County Board and Southern Illinois
Regional Landfill, Inc. – The Board affirmed the April 10, 2002
decision of the Jackson County Board that granted Southern Illinois
Regional Landfill, Inc.’s application to site a pollution control
facility.
7-0
P-C-F-S-R
Third
Party
Provisional Variances
PCB 03-27
Dynergy Midwest Generation (Baldwin Power Station) v. IEPA –
Upon receipt of an Illinois Environmental Protection Agency
recommendation, the Board granted this St. Clair and Randolph
Counties facility a 45-day provisional variance, subject to
conditions, from the effluent limits set forth in 35 Ill. Adm. Code
304.141(b) and its National Pollutant Discharge Elimination
System permit number IL0000043.
7-0
W-V
Motions and Other Matters
Additional motions on the following cases filed prior to this meeting may be included here
.
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 –
L-E
3
No action taken.
Tires
PCB 00-219
Stephen G. Brill v. Henry Latoria d/b/a T.L. Trucking Foodliner –
The Board denied respondent’s motion for reconsideration of its
June 6, 2002 interim order.
7-0
Citizens
A&N-E
PCB 01-39
Lannis Walters d/b/a Fat Boy Pizza (Get & Go) v. IEPA – The
Board ordered petitioner to contact the hearing officer in this matter
on or before September 30, 2002, and reserved ruling on
respondent’s motion to dismiss.
7-0
UST Fund
PCB 01-67
Jasper County Highway Department v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Jasper County facility.
7-0
UST Fund
PCB 01-135
People of the State of Illinois v. Patrick Robert Land Trust – No
action taken.
L-E
PCB 02-24
St. Joseph Oil Company v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Champaign County facility.
7-0
UST Fund
PCB 02-187
UOP L.L.C. v. IEPA – No action taken.
P-A, Air
PCB 02-189
Wareco Service, Inc. v. IEPA – No action taken.
UST Fund
PCB 02-197
Nicor Gas 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 McClean County facility.
7-0
P-A
.
PCB 02-203
Gallagher Asphalt 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 02-209
E.P.M.A. Company v. IEPA – Having previously granted a request
for a 90-day extension, the Board dismissed this matter because no
7-0
4
underground storage tank appeal was filed on behalf of this Cook
County facility.
UST Fund
PCB 03-18
Whole Sale Oil 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.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-19
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.
7-0
UST Fund
90-Day
Ext.
PCB 03-20
People of the State of Illinois v. Acme Refining Scrap Iron and
Metal Company – The Board accepted for hearing this water
enforcement action involving a Lake County facility.
7-0
W-E
PCB 03-21
Clean The Uniform Company - Highland v. Aramark Uniform &
Career Apparel, Inc. – The Board held for a later
duplicative/frivolous determination this citizen’s land and water
enforcement action involving a Madison County facility.
Citizens
L&W-E
PCB 03-22
People of the State of Illinois v. Saint-Gobain Containers, Inc. –
The Board accepted for hearing this air enforcement action
involving a Logan County facility.
7-0
A-E
PCB 03-23
People of the State of Illinois v. City of Des Plaines and
McDonough Associates, 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.
7-0
PWS-E
CASES PENDING DECISION
PCB 00-163
David and Jacquelyn McDonough v. Gary Robke
Citizens
N-E
5
PCB 02-207
Wallace Pharmaceuticals v. IEPA (due 9/20)
A-V
OTHER ITEMS
The 2003 Board Calendar will be discussed at the September 19, 2002 Board meeting.
ADJOURNMENT
Moved and seconded, by a vote of 7
-
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 September 19, 2002 by a vote of.
Dorothy
M.
Gunn,
Clerk
6
