ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
SEPTEMBER 19, 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 welcomed members of the public and
staff to the meeting. Chairman Manning announced the death of former Board Member Emmett
Dunham and a moment of silence was observed in his memory. Chairman Manning then
introduced her new attorney assistant Garrett Boehm.
ROLL CALL
The Clerk of the Board called the roll and all Board Members answered present.
APPROVAL OF MINUTES
Minutes of the September 5, 2002 meeting were approved by a vote of 7-0.
RULEMAKINGS
R03-8
In the Matter of: Noise Rule Update: Amendments to 35 Ill. Adm.
Code 900-903 – The Board opened this docket to amend and update
the Board’s noise pollution control regulations.
7-0
R, Noise
ADMINISTRATIVE CITATIONS
AC 02-2
IEPA v. Nordean and Susan Simons d/b/a Berman Auto Parts – The
Board denied respondents’ motion for reconsideration and their
objection to hearing costs.
7-0
AC 02-17
IEPA v. Charles Goodwin – No action taken.
AC 03-3
IEPA v. Rayetta Thompson – The Board granted complainant’s
motion to withdraw this administrative citation involving a Union
County facility.
7-0
AC 03-4
City of Chicago Department of Environment v. Mannion Plumbing,
Inc. – The Board granted complainant’s motion to withdraw this
administrative citation involving a Cook County facility.
7-0
Marovitz
Concurred
AC 03-5
IEPA v. Loxley, Inc. – The Board accepted for hearing this petition
for review of an administrative citation against this Cass County
respondent.
7-0
AC 03-8
IEPA v. Denny & Vicki Richey – The Board granted complainant’s
motion to withdraw this administrative citation involving a Clark
County facility.
7-0
ADJUDICATORY CASES
Decisions
PCB 97-113
People of the State of Illinois v. Homin Lee d/b/a Meisel
Plating – 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)
amended by
P.A. 92-0574, eff. June
26, 2002), accepted a final stipulation and settlement
agreement, and ordered the respondent to pay a total civil
penalty of $5,500 and to cease and desist from further
violations.
7-0
RCRA-E
PCB 00-163
David and Jacquelyn McDonough v. Gary Robke – No action
taken.
Citizens
N-E
2
PCB 01-135
People of the State of Illinois v. Patrick Robert Land Trust –
Having previously found that respondent violated Sections 12(a)
and 21(a), (d), and (p) of the Act (415 ILCS 5/12(a), 21(a), (d), (p)
(2000)
amended by
P.A. 92-0574, eff. June 26, 2002), and 35 Ill.
Adm. Code 812.101(a). The Board ordered the respondent to pay a
total civil penalty of $12,000 and to cease and desist from further
violations. Complainant must file an affidavit in support of their
request for fees by November 1, 2002, and respondent may file a
response to the affidavit by November 15, 2002.
6-1
Marovitz
dissented
L-E
PCB 02-207
Wallace Pharmaceuticals v. IEPA – The Board granted petitioner a
variance, subject to conditions, from 35 Ill. Adm. Code 215.482(a)
to allow it to continue production of pharmaceutical tablets at its
facility located in Decatur, Illinois.
7-0
A-V
PCB 03-17
People of the State of Illinois v. Petroleum Fuel & Terminal
Company – No action taken.
A-E
Provisional Variances
PCB 03-29
Seward Sanitary District v. IEPA – Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board
granted this Winnebago County facility a 45-day provisional
variance, subject to conditions, from the effluent limits set forth in
its National Pollutant Discharge Elimination System permit number
ILG580138.
7-0
W-V
Motions and Other Matters
Additional motions on the following cases filed prior to this meeting may be included here
.
PCB 95-78
Vogue Tyre & Rubber Company v. Office of the State Fire Marshal
– No action taken.
UST Fund
3
PCB 97-66
People of the State of Illinois v. D’Angelo Enterprises, Inc. – The
Board found that respondent violated Sections 21(f)(1) and (f)(2) of
the Environmental Protection Act (Act) (415 ILCS 5/21(f)(1) and
(f)(2) (2000)
amended by
P.A. 92-0574, eff. June 26, 2002), and 35
Ill. Adm. Code 703.121(a) and (b), 722.111, 728.107(a), 725.116(a)
and (d), 725.135, 725.137, 725.151, 725.155, 725.274,
728.150(a)(1) and 809.301 of the Board’s hazardous waste and
special waste regulations. The Board concluded that respondent
must pay a civil penalty of $70,000 for violating the above
hazardous waste and special waste provisions of the Act and the
Board’s regulations. Complainant must file an affidavit in support
of its request for fees by October 3, 2002, and respondent has 14
days after being served with the affidavit to respond to the
complainant’s claimed costs and attorney fees.
6-1
Marovitz
dissented
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 –
The Board denied both complainant’s motion for summary
judgment and respondents’ motion to strike and dismiss
complainant’s motion for summary judgment.
7-0
L-E
Tires
PCB 99-192
People of the State of Illinois v. Gulco Corporation a/k/a Gutmann
Leather Company, Inc. – The Board granted complainant’s motion
to dismiss Count III, and closed this docket.
7-0
A-E
PCB 00-228
Riverdale Recycling, Inc. and Tri-State Disposal, Inc. v. IEPA –
The Board granted petitioner’s motion for voluntary dismissal of
this permit appeal involving a Cook County facility.
7-0
P-A, Land
PCB 01-77
Village of Park Forest v. Sears, Roebuck & Company – The Board
granted parties’ joint motion for voluntary dismissal of this citizen
underground storage tank enforcement action involving a Cook
County facility.
7-0
Citizens
UST-E
4
PCB 02-157
David L. Weber and Rachel B. Weber v. Cisco United Methodist
Church – No action taken.
Citizens
N-E
PCB 02-185
People of the State of Illinois v. Ferrara Pan Candy 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.
7-0
A-E
PCB 02-187
UOP L.L.C. v. IEPA – No action taken.
P-A, Air
PCB 02-189
Wareco Service, Inc. v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Knox County facility.
7-0
UST Fund
PCB 02-215
Perfetti Van Melle USA, Inc. v. IEPA – The Board accepted for
hearing this permit appeal involving a Lake County facility.
7-0
P-A, Air
PCB 02-217
Charles Stanford 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 Clay
County facility.
7-0
UST
Appeal
PCB 02-219
Illinois State Toll Highway Authority (Alsip/Tri State Tollway) 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 02-222
Warren Oil Company, 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 Cook County facility.
7-0
UST Fund
PCB 03-21
Clean The Uniform Company - Highland v. Aramark Uniform &
Career Apparel, Inc. – The Board held for a later
duplicitous/frivolous determination this citizen’s land and water
enforcement action involving a Madison County facility.
Citizens
L&W-E
5
PCB 03-24
Hannel 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 Scott County facility.
7-0
UST Fund
90-Day
Ext.
PCB 03-25
Hannel 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 Scott County facility.
7-0
UST Fund
90-Day
Ext.
PCB 03-26
Lake Shore National Bank Trust No. 2921 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 Lake County
facility.
7-0
UST Fund
90-Day
Ext.
PCB 03-28
Premcor Refining Group 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 Jackson County facility.
7-0
UST Fund
90-Day
Ext.
CASES PENDING DECISION
R03-7
In the Matter of: RCRA Subtitle C Update, USEPA Amendments
(January 1, 2002 through June 30, 2002) – Proposed Rule, Proposal
for Public Comment, Opinion and Order
R, Land
OTHER ITEMS
ADOPTION OF PROPOSED CALENDAR YEAR 2003 BOARD MEETING DATES
January
9
July
10
January
23
July
24
February
6
August
7
February
20
August
21
March
6
September
4
6
March
20
September
18
April 3
October 2
April
17
October
16
May
1
November
6
May
15 November
20
June
5
December
4
June
19 December
18
________________________________________________________________
The Chairman’s motion to approve the Calendar Year 2003 Board Meeting Dates was adopted
by a vote of 7-0.
In conclusion, Chairman Manning announced the retirement of Board Member Ronald C.
Flemal. Chairman Manning’s motion to present Member Flemal a framed print of Allerton Park
by William Crook, a Springfield, Illinois artist, was adopted by a vote of 6-0. Chairman
Manning presented Member Flemal with the print and expressed appreciation for his invaluable
service to the Board since 1985.
ADJOURNMENT
Moved and seconded, by a vote of 7
-
0, Chairman Manning adjourned the meeting at
11:35 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on October 3, 2002 by a vote of.
Dorothy
M.
Gunn,
Clerk
7
