ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
NOVEMBER 7, 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 17, 2002 meeting were approved by a vote of 6-0.
RULEMAKINGS
R02-10
In the Matter of: Amendments to General Permitting Provisions for
Portable Emission Units: Amendments to 35 Ill. Adm. Code 201 –
The Board adopted a second notice opinion and order in this matter
to amend the Board’s air regulations.
6-0
R, Air
R03-10
In the Matter of: Revision of the Board’s Procedural Rules: 35 Ill.
Adm. Code 101-130 – The Board adopted a proposal for public
comment in this rulemaking to amend the Board’s procedural
regulations.
6-0
R, Proc.
Rules
R03-11
In the Matter of: Site-Specific Rule for City of Effingham
Treatment Plant Fluoride Discharge, 35 Ill. Adm. Code 304.233 –
The Board accepted for hearing the October 22, 2002 proposal of
the City of Effingham for a site-specific rulemaking to amend the
Board’s water pollution control regulations. The Board also granted
petitioner’s motion to waive the 200 signature requirement.
6-0
R, Water
ADMINISTRATIVE CITATIONS
AC 02-7
IEPA v. Terry and Latisha Springer – The Board entered a final
order requiring respondents to pay
the Board and the
Environmental Protection Agency hearing costs in the amount of
$339.70 and $53.13 respectively, and a civil penalty of $1,500.
This order follows the Board's interim order of August 8, 2002,
which found that these respondents had violated Section 21(p)(1) of
the Environmental Protection Act (415 ILCS 5/21 (p)(1) (2000)
amended by
P.A. 92-0574, eff. June 26, 2002) and assessed a
penalty of $1,500 at respondents’ Jersey County facility.
6-0
AC 02-51
IEPA v. Gerald Goines – In response to a joint stipulation and
settlement agreement in this administrative citation action involving
a Johnson County facility, the Board found respondent violated
Section 21(p)(1) of the Environmental Protection Act (Act) (415
ILCS 5/21(p)(1) (2000)) and ordered respondent to pay a civil
penalty of $1,500. The Board also granted the parties’ joint motion
to dismiss the alleged violations of Section 21(p)(3) and (p)(7) of
the Act (415 ILCS 5/21(p)(3), (p)(7) (2000)) and the petition for
review.
6-0
AC 02-61
IEPA v. Steve Koester – The Board referred complainant’s
attorney’s motion for leave to withdraw to the hearing officer for
deposition.
AC 03-11
City of Chicago Department of Environment v. City Wide Disposal,
Inc. – The Board accepted an administrative citation against this
Cook
County respondent.
ADJUDICATORY CASES
Decisions
PCB 97-66
People of the State of Illinois v. D’Angelo Enterprises – The Board
previously 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. In its final order,
the Board ordered the respondent to pay a total civil penalty of
$70,000 for violating the above hazardous waste and special waste
provisions of the Act and the Board’s regulations and $7,893 in
costs and attorney fees.
6-0
Marovitz
dissented
RCRA-E
PCB 02-185
People of the State of Illinois v. Ferrara Pan Candy Company, Inc.
– In this air 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
stipulation and settlement agreement, ordered the respondent to pay
a total civil penalty of $371,688 and to cease and desist from
further violations.
6-0
Marovitz
concurred
A-E
PCB 03-6
The City of Farmington, Farmington Sanitary District, and the
Farmington Central Community Unit School District No. 265 v.
IEPA – The Board granted this Peoria County facility a variance,
subject to conditions, from the water regulation found at 35 Ill.
Adm. Code 306.402. This allows the construction and operation of
a new K-12 school building, including the attendant sanitary sewer
connections to the Farmington City waste water collection system
and the Farmington Sanitary District sewerage treatment plant
located in Farmington.
W-V,
NPDES
PCB 03-11
City of Carlyle v. IEPA – The Board granted this Clinton County
facility a variance, subject to conditions, from the public water
supply turbidity regulations found at 35 Ill. Adm. Code 611.743,
611.744, and 611.745, from November 7, 2002 to April 1, 2003.
6-0
PWS-V
3
PCB 03-32
People of the State of Illinois v. City of Chicago Heights and
Robinson Engineering, Ltd. – 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, ordered the respondent to pay
a total civil penalty of $38,000 and to cease and desist from further
violations.
6-0
Marovitz
concurred
PWS-E
Provisional Variances
PCB 03-64
Osmose Wood Preserving, Inc. v. IEPA – Upon receipt of an
Illinois Environmental Protection Agency recommendation, the
Board granted a 30-day provisional variance to this Cass County
facility from the 90-day limitation on the accumulation of
hazardous wastes, as set forth in 35 Ill. Adm. Code 722.134(b).
6-0
RCRA
L-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 96-99
The Belleville Development, L.P. v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this permit appeal
involving a St. Clair County facility.
6-0
P-A
NPDES
PCB 98-169
Union Oil Company of California d/b/a Unocal v. Bargeway Oil
Company, Inc., Gertrude Kellogg and Joseph Kellogg, Bargeway
Oil Company, Inc. Third-Party Complainant v. Robert F. Atkins,
Bargeway Systems, Inc. and Robert Nielsen – The Board granted
complainant’s motion for leave to file an amended complaint and
accepted the complaint for hearing.
Manning
Citizens
L-E
PCB 99-19
Karen & Anthony Roti, Paul Rosenstrock, and Leslie Weber v.
LTD Commodities – The Board denied complainants’ motion to
reopen limited discovery and compel production of financial
information.
6-0
Citizens
A-E
PCB 99-134
People of the State of Illinois v. Peabody Coal Company – No
action taken.
W-E
PCB 01-169
Gerry Blohm v. Dominick’s Finer Foods – The Board granted
complainant’s motion for voluntary dismissal of this citizen’s noise
enforcement action involving a McHenry County facility.
6-0
Citizens
N-E
PCB 02-56
People of the State of Illinois v. Chiquita Processed Foods, L.L.C. –
No action taken.
W-E
PCB 02-114
Logan Jones Ltd. Partnership v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Cook County facility.
6-0
UST Fund
PCB 02-157
David L. Weber and Rachel B. Weber v. Cisco United Methodist
Church – The Board denied respondent’s motion for summary
judgment in this citizen’s noise enforcement action involving a
Piatt County facility.
6-0
Citizens
N-E
PCB 03-8
Ralph Johnson Estate 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 Christian County facility.
6-0
UST
Appeal
PCB 03-21
Clean The Uniform Company - Highland v. Aramark Uniform &
Career Apparel, Inc. – The Board found that the alleged violations
in the complaint were neither duplicative nor frivolous, dismissed
the request for injunctive relief as frivolous, and accepted for
hearing this matter involving a Madison County facility. The
Board also granted counsel’s motion to appear pro hac vice.
6-0
Citizens
L&W-E
PCB 03-31
PCB 03-33
PCB 03-35
County of Kankakee and Edward D. Smith, State’s Attorney of
Kankakee County v. The City of Kankakee, Illinois, City Council,
Town and Country Utilities, Inc. and Kankakee Regional Landfill,
L.L.C.; Byron Sandberg v. The City of Kankakee, Illinois, City
Council, Town and Country Utilities, Inc. and Kankakee Regional
Landfill, L.L.C.; and 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 denied
the County of Kankakee and Edward D. Smith, State’s Attorney of
Kankakee County’s motion for expedited decision and its motion
for summary judgment.
6-0
P-C-F-S-R
3d Party
PCB 03-38
Morry Gabel, Myra Gabel, Don Foreman, Marsha Foreman, Keith
Pinsoneault and Tracy Pinsoneault v. The Wealshire, Inc. – The
Board found that the alleged violations in the complaint were
neither duplicative nor frivolous and accepted for hearing this
matter involving a Lake County facility.
6-0
Citizens
N-E
PCB 03-43
Landfill 33, Ltd. v. Effingham County Board and Sutter Sanitation
Services – The Board on its own motion consolidated this matter
with PCB 03-52 and accepted for hearing the amended petition.
6-0
P-C-F-S-R
3d Party
PCB 03-48
Mueller Shell, 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 St. Clair County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-49
Karco, 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 Jackson County facility.
6-0
UST
Appeal
90-Day
Ext.
6
PCB 03-50
East Side Shell 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.
PCB 03-51
People of the State of Illinois v. Draw Drape Cleaners, Inc. – The
Board accepted for hearing this air enforcement action involving a
Cook County facility.
6-0
A-E
PCB 03-52
Stock & Company, L.L.C. v. Effingham County Board and Sutter
Sanitation Service, Inc. – The Board accepted for hearing this third-
party pollution control facility siting appeal involving an Effingham
County facility and on its own motion consolidated this matter with
PCB 03-43.
6-0
P-C-F-S-R
3d Party
PCB 03-53
People of the State of Illinois v. Northern Building Concepts, Inc.
and Landscape Concepts Construction, Inc. – The Board accepted
for hearing this water enforcement action involving a Lake County
facility.
6-0
W-E
PCB 03-54
Freedom 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 Edgar County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-55
2222 Elston L.L.C. v. Purex Industries, Inc., Federal Die Casting
Co., Federal Chicago Corp., Raymond E. Cross, Beverly Bank
Trust No. 8-7611, and Lakeside Bank Trust Nos. 10-1087 & 10-
1343 – The Board held for a later duplicitous/frivolous
determination this citizen’s underground storage tank enforcement
action involving a Cook County facility.
Citizens
UST-E
PCB 03-56
Freedom 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 Edgar County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-57
Leslie C. Ko 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 Williamson County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-58
Pechiney Plastic Packaging, 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 Kane County facility.
6-0
P-A
90-Day
Ext.
PCB 03-59
Godfrey Sunoco 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.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-60
V.W. Bowman 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 Union County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-61
Brock 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 McLean County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-62
Brock 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 Vermilion County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-63
Goben 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 Clark County facility.
6-0
UST
Appeal
90-Day
Ext.
ADJOURNMENT
Moved and seconded, by a vote of 6-0, Chairman Manning adjourned the meeting at
11:55 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on November 21, 2002 by a vote of 6-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
9
