ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
OCTOBER 17, 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.
ROLL CALL
The Clerk of the Board called the roll and all Board Members answered present.
APPROVAL OF MINUTES
Minutes of the October 3, 2002 meeting were approved by a vote of 5-0. Member Marovitz
abstained.
RULEMAKINGS
R02-11
R, Water
In the Matter of
: Water Quality Triennial Review: Amendments to
35 Ill. Adm. Code 302.105, 302.208(e)-(g), 302.504(a), 302.575(d),
309.141(h); and Proposed 35 Ill. Adm. Code 301.267,301.313,
301.413, 304.120, and 309.157 – The Board adopted a second
notice opinion and order in this matter to amend the Board’s water
regulations.
6-0
R02-19
R, Water
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 final opinion and order in this
matter to amend the Board’s water regulations.
6-0
ADMINISTRATIVE CITATIONS
AC 02-7
IEPA v. Terry and Latisha Springer – No action taken.
AC 03-1
IEPA v. Tony Luttrell – The Board granted complainant’s motion
to amend its September 5, 2002 final opinion in this administrative
citation involving a Clay County facility.
6-0
AC 03-10
IEPA v. Bobby Keller – The Board accepted an administrative
citation against this Macoupin
County respondent.
ADJUDICATORY CASES
Decisions
PCB 97-20
People of the State of Illinois v. Bentronics Corporation – The
Board granted complainant’s motion to withdraw its request for
attorney fees. 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.
5-1
Marovitz
dissented
W-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
Provisional Variances
PCB 03-47
City of Benton v. IEPA – Upon receipt of an Illinois Environmental
Protection Agency recommendation, the Board granted this Grundy
County facility a 45-day provisional variance, subject to conditions,
from the monthly average chlorine residual, total suspended solids,
and carbonaceous biochemical oxygen demand effluent limits in its
National Pollutant Discharge Elimination System permit number
IL0022365, and 35 Ill. Adm. Code 304.120(b) and 304.141(a).
6-0
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
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt Company –
The Board accepted the second amended complaint, denying the
motion to strike.
6-0
W-E
PCB 00-160
ESG Watts, Inc. (Sangamon Valley Landfill) v. IEPA – No action
taken, respondent’s motion to supplement the record was
previously disposed of by the hearing officer.
P-A, Land
PCB 00-181
MDI Limited Partnership #42 v. Regional Board of Trustees for
Boone and Winnebago Counties, and Board of Education of
Belvidere District 100 – Complainant’s motion for leave to file
motion for summary judgment was referred to the hearing officer
for disposition.
Citizens
UST-E
PCB 01-39
Lannis Walters d/b/a Fat Boy Pizza (Get & Go) v. IEPA – The
Board granted respondent’s motion to dismiss this underground
storage tank appeal involving a Massac County facility.
6-0
UST Fund
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 02-221
Crazy D’s Peru, 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 LaSalle
County facility.
6-0
UST Fund
3
PCB 03-1
Illinois State Toll Highway Authority v. IEPA – The Board
accepted for hearing this underground storage tank appeal
involving a DeKalb County facility.
6-0
UST Fund
PCB 03-2
Todd’s Service Station v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Tazewell County
facility.
6-0
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 03-38
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
citizens’ noise enforcement action involving a Lake County facility.
Citizens
N-E
PCB 03-39
Mineral Solutions, Inc. v. IEPA – Petitioner’s motion for extension
of time to file the administrative record was referred to the hearing
officer for disposition.
P-A, Land
PCB 03-41
Newton Community High School 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 Jasper County facility.
6-0
UST Fund
90-Day
Ext.
PCB 03-42
Rantoul Township High School District No. 193 v. IEPA – The
Board accepted for hearing this underground storage tank appeal
involving a Champaign County facility.
6-0
UST Fund
4
PCB 03-43
Landfill 33, Ltd. v. Effingham County Board and Sutter Sanitation
Services – The Board found the petition deficient in this third-party
pollution control facility siting review appeal involving a
Effingham County facility, and ordered petitioner to file an
amended petition to cure specified deficiencies, which must be
postmarked no later than October 24, 2002, or the petition would be
subject to dismissal.
6-0
P-C-F-S-R
3d Party
PCB 03-44
Pioneer 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 Christian County facility.
6-0
UST Fund
90-Day
Ext.
PCB 03-45
Wright Petroleum 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 Hancock County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-46
Mahr’s Sales & 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 Fulton County facility.
6-0
UST
Appeal
90-Day
Ext.
5
ADJOURNMENT
Moved and seconded, by a vote of 6-0, Chairman Manning adjourned the meeting at
11:20 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on November 7, 2002 by a vote of 6-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
6
