ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
OCTOBER 3, 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, staff,
and students from the University of Illinois, and announced that Member Marovitz would not be
attending the meeting.
ROLL CALL
The Clerk of the Board called the roll. All Board Members answered present except for Member
Marovitz who was absent.
APPROVAL OF MINUTES
Minutes of the September 19, 2002 meeting were approved by a vote of 5-0.
RULEMAKINGS
R03-7
In the Matter of: RCRA Subtitle C Update, USEPA Amendments
(January 1, 2002 through June 30, 2002) – The Board adopted a
proposal for public comment in this “identical-in-substance”
rulemaking to amend the Board’s hazardous waste regulations.
5-0
R, Land
R03-8
In the Matter of: Noise Rule Update: Amendments to 35 Ill. Adm.
Code 900 and 903 – The Board adopted a proposal for public
comment in this rulemaking to amend the Board’s noise pollution
control regulations.
5-0
R, Noise
ADMINISTRATIVE CITATIONS
AC 02-17
IEPA v. Charles Goodwin – The Board denied complainant’s
motion for reconsideration.
5-0
AC 02-40
IEPA v. Robert and John Gray d/b/a Gray’s Material Service – In
response to a joint stipulation and settlement agreement in this
administrative citation action involving an Iroquois County facility,
the Board found respondents violated Sections 21(p)(1) and (p)(3)
Environmental Protection Act (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
granted the parties’ joint motion to dismiss the alleged violation 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, and dismiss the petition for
review.
5-0
AC 03-1
IEPA v. Tony Luttrell – No action taken.
AC 03-6
IEPA v. Edward Sapp – The Board found that this Logan County
respondent 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
respondent to pay a civil penalty of $3,000
.
4-1
Girard
dissented
AC 03-7
IEPA v. Herb Flannel and Wallace Excavating Company – The
Board found that these Moultrie County respondents violated
Sections 21(p)(1), (p)(3), and (p)(7) of the Environmental
Protection Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2000),
amended by
P.A. 92-0574, eff. June 26, 2002), and ordered
respondents to pay a civil penalty of $4,500
.
4-1
Girard
dissented
2
AC 03-9
IEPA v. Robert Peters – In response to a joint stipulation and
settlement agreement in this administrative citation action involving
an Adams County facility, the Board found respondent violated
Section 21(p)(1)
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 granted the parties’ joint motion to dismiss the alleged
violation of Section 21(p)(5) of the Act (415 ILCS 5/21(p)(5)
(2000),
amended by
P.A. 92-0574, eff. June 26, 2002).
5-0
ADJUDICATORY CASES
Decisions
PCB 03-17
People of the State of Illinois v. Petroleum Fuel & Terminal
Company – In this air enforcement action concerning a Madison
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 $22,000, and to cease and desist from further violations.
Respondent agreed to perform by December 31, 2003, a
Supplemental Environmental Project or payment of an additional
$28,000 in penalties, if it fails to do so.
5-0
A-E
PCB 03-23
People of the State of Illinois v. City of Des Plaines and
McDonough Associates, Inc. – In this public water supply
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 respondents
to pay a total civil penalty of $26,000, and to cease and desist from
further violations.
5-0
PWS-E
3
Provisional Variances
PCB 03-40
Exelon Generation Company, L.L.C. (Dresden Nuclear Generating
Station) v. IEPA – Upon receipt of an Illinois Environmental
Protection Agency recommendation, the Board granted this Grundy
County facility a 10-day provisional variance, subject to conditions,
from the thermal discharge limits contained in special conditions
4(A), 4(D), and 4(G) of its National Pollution Discharge
Elimination System permit number IL0002224.
5-0
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
– Respondent’s motion for summary judgment and petitioner’s
motion for extension of time to file a response were referred to the
hearing officer for disposition.
UST Fund
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt Company –
No action taken.
W-E
PCB 96-143
People of the State of Illinois v. Michel Grain Company, Inc. a/k/a
Michel Fertilizer, Caryle Michel, Ronnie Todd, and Ronnie Todd
Land Trust – The Board granted complainant’s motion to file a
third amended complaint, accepted the complaint for hearing and
granted the request to add the Ronnie Todd Land Trust as a
respondent in this matter.
5-0
W-E
PCB 97-69
People of the State of Illinois v. Economy Plating, Inc. – The Board
granted complainant’s leave to file to an amended complaint,
correcting the errors in its amended complaint filed on August 12,
2002.
5-0
A-E
PCB 97-193
People of the State of Illinois v. Community Landfill Company,
Inc. – The Board granted complainant’s motion for partial summary
judgment in part and denied the motion in part. The Board also
granted respondent’s motion for partial summary judgment in part
and denied the motion in part. The Board found that respondent
had violated the Environmental Protection Act (415 ILCS 5/1
et
seq
. (2000),
amended by
P.A. 92-0574, eff. June 26, 2002) and
Board regulations as specified in counts III, IV, VII, VIII, IX, X,
XIII, XIV, XVI, and XXI of the complaint, and as specified in part
5-0
L-E
4
of count XIX of the complaint. The parties shall proceed to hearing
to present evidence on the appropriate penalty to be levied against
respondent for these violations. In addition, the parties shall
proceed to hearing on counts I, II, VI, XV, XVII, XX, and in part of
count XIX to determine the liability of the respondent. The Board
dismissed counts XI, XVIII, and XXII.
PCB 99-134
People of the State of Illinois v. Peabody Coal Company – The
Board refused to accept complainant’s third amended complaint in
this matter, and ordered complainant to file another amended
complaint removing allegations of a violation of Section 302.208
within 14 days or the Board will dismiss this case.
5-0
W-E
PCB 00-160
ESG Watts, Inc. (Sangamon Valley Landfill) v. IEPA – No action
taken.
P-A, Land
PCB 02-6
Gould Electronics, Inc. v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this permit appeal involving a
Stephenson County facility.
5-0
P-A, Land
PCB 02-56
People of the State of Illinois v. Chiquita Processed Foods, L.L.C. –
No action taken.
W-E
PCB 02-157
David L. Weber and Rachel B. Weber v. Cisco United Methodist
Church – No action taken.
Citizens
N-E
PCB 02-187
UOP L.L.C. v. IEPA – The Board granted petitioner’s motion to
stay the effectiveness of the permit.
5-0
P-A, Air
PCB 02-210
Elston/Webster, LP v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Cook County facility.
5-0
UST
Appeal
5
PCB 02-212
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
McHenry County facility.
5-0
UST Fund
PCB 02-216
Prime Time Citgo, 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 Kane County facility.
5-0
UST Fund
PCB 02-218
Ampco Pittsburgh Corporation 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 02-220
Newton Community High School 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 Jasper County facility.
5-0
UST
Appeal
PCB 02-224
Atchison Amoco Service 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 Randolph County facility.
5-0
UST Fund
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.
Respondent’s request for extension of time to answer complaint
was referred to the hearing officer for disposition.
A-E
6
PCB 03-30
Jim Siddiqui Property 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.
5-0
UST Fund
90-Day
Ext.
PCB 03-31
County of Kankakee and Edward D. Smith, States Attorney of
Kankakee County v. The City of Kankakee, Illinois, The City of
Kankakee, Illinois City Council, Town and Country Utilities, Inc.,
and Kankakee Regional Landfill, L.L.C. – The Board accepted for
hearing this third-party pollution control facility siting appeal
involving a Kankakee County facility and on its own motion
consolidated this matter with PCB 03-33 and PCB 03-35.
5-0
P-C-F-S-R
3rd Party
PCB 03-32
People of the State of Illinois v. City of Chicago Heights and
Robinson Engineering, Ltd. – Upon receipt of a proposed
stipulation and settlement agreement and an agreed motion to
request relief from the hearing requirement in this public water
supply enforcement action involving a Cook County facility, the
Board ordered publication of the required newspaper notice.
5-0
PWS-E
PCB 03-33
Byron Sandberg v. The City of Kankakee, Illinois, The City of
Kankakee, Illinois City Council, Town and Country Utilities, Inc.,
and Kankakee Regional Landfill, L.L.C. – The Board accepted for
hearing this third-party pollution control facility siting appeal
involving a Kankakee County facility and on its own motion
consolidated this matter with PCB 03-31 and PCB 03-35. The
Board denied petitioner Sandberg’s request for waiver of the
mandatory filing fee.
5-0
P-C-F-S-R
3rd Party
PCB 03-34
Barry Amoco, 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 Pike County facility.
5-0
UST Fund
90-Day
Ext.
7
PCB 03-35
Waste Management of Illinois, Inc. v. The City of Kankakee,
Illinois City Council, Town and Country Utilities, Inc. and
Kankakee Regional Landfill, L.L.C., – The Board accepted for
hearing this third-party pollution control facility siting appeal
involving a Kankakee County facility and on its own motion
consolidated this matter with PCB 03-31 and PCB 03-33.
5-0
P-C-F-S-R
3rd Party
PCB 03-36
D&R 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 03-37
Illinois Ayers 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 Knox County facility.
5-0
UST Fund
PCB 03-38
Morry Gabel, Myra Gabel, Don Foreman, Marsha Foreman, Keith
Pinsoneault, and Tracy Pinsoneault v. The Wealshire, Inc. – The
Board held for a later duplicative/frivolous determination this
citizen’s noise enforcement action involving a Lake County facility.
N-E
PCB 03-39
Mineral Solutions, Inc. v. IEPA – The Board accepted for hearing
this permit appeal involving a Tazewell County facility.
5-0
P-A, Land
ADJOURNMENT
Moved and seconded, by a vote of 5
-
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 17, 2002 by a vote of 5-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
8
