The following is the Illinois Pollution Control Board's tentative agenda for its April 4, 1996 Board meeting. The actual A...

AS 02-3
AC 03-10
AC 03-12
PCB 95-78

ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

NOVEMBER 21, 2002

Chicago/Springfield Videoconference

CHICAGO OFFICE – 100 W. Randolph Street

Video Conference Room 11-512

SPRINGFIELD OFFICE – 600 South Second Street

Video Conference Room 402

ANNOUNCEMENTS

After calling the meeting to order, Chairman Manning welcomed members of the public and

staff to the meeting. Chairman Manning noted that staff attorney Steve Langhoff, was leaving

the Board for the private practice of law. The Chairman thanked him for his valuable

contributions to the Board, and wish him well.

The Clerk of the Board called the roll and all Board Members answered present.

APPROVAL OF MINUTES

Minutes of the November 7, 2002 meeting were approved by a vote of 6-0.

ADJUSTED STANDARDS

In the Matter of: Petition of Ford Motor Company (Chicago

Assembly Plant) for and Adjusted Standard from 35 Ill. Adm. Code

218.986) – The Board granted this Cook County facility a revision

to the adjusted standard previously granted in Petition of Ford

Motor Company for an Adjusted Standard from 35 Ill. Adm. Code

218.986, AS 00-06 (Apr. 6, 2000). The adjusted standard is granted

with conditions from the volatile organic material emissions

regulations found at 35 Ill. Adm. Code 218.986 as that regulation

applies to Ford Motor Company’s solvent clean-up operations.

ADMINISTRATIVE CITATIONS

IEPA v. Bobby Keller – The Board found that this Macoupin

County respondent violated Sections 21(p)(1), (p)(3) and (p)(7) of

the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3),

P.A. 92-0574, eff. June 26, 2002), and

ordered respondent to pay a civil penalty of $4,500

The Ogle County Solid Waste Management Department v. Merle

and Joanne Cornelius and Dennis Bergmann – The Board accepted

an administrative citation against these Ogle

County respondents.

ADJUDICATORY CASES

Motions and Other Matters

Additional motions on the following cases filed prior to this meeting may be included here

Vogue Tyre & Rubber Company v. Office of the State Fire Marshal

– No action taken.

People of the State of Illinois v. Michel Grain Company, Inc. d/b/a

Michel Fertilizer, Caryle Michel, Ronnie Todd and Ronnie Todd

Land Trust – No action taken.

Member Marovitz excused himself from the meeting to take an

urgent phone call.

People of the State of Illinois v. Economy Plating, Inc. – The Board

granted complainant’s motion to file a late second amended

complaint and accepted the November 14, 2002 amended complaint

People of the State of Illinois v. State Oil Company, William Anest

f/d/b/a S&S Petroleum Products, Peter Anest f/d/b/a S&S

Petroleum Products, Charles Abraham, Josephine Abraham, and

Millstream Service, Inc. – No action taken.

Karen & Anthony Roti, Paul Rosenstrock, and Leslie Weber v.

LTD Commodities – The Board denied respondent’s motion to

view of premises as unnecessary to its decision.

People of the State of Illinois v. Peabody Coal Company – The

Board granted complainant’s motion for leave to amend its second

amended complaint and accepted complainant’s third amended

complaint filed October 24,

2002. The Board denied complainant’s

motion for reconsideration of the October 3, 2002 Board Order as

Chairman Manning took the following cases assigned to Member

Marovitz out of order: PCB 01-29, PCB-02-13 and PCB 03-55.

Member Marovitz presented his draft orders for a vote to allow him

to leave the meeting to tend to other pressing state business.

People of the State of Illinois v. BFI Waste Systems of North

America, Inc. a foreign corporation and as successor-by merger to

E & E Hauling, Inc. – The Board granted the parties motion to

amend the caption as shown above. Upon receipt of a proposed

stipulation and settlement agreement and an agreed motion to

request relief from the hearing requirement in this land enforcement

action involving a DuPage County facility, the Board ordered

publication of the required newspaper notice.

People of the State of Illinois v. Kiehl Engineering Company, Inc.

d/b/a Thomas Foster Group, Inc. and United Plastics Group, 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 DuPage County facility,

the Board ordered publication of the required newspaper notice.

Bahlman Oil Company, Inc. v. IEPA – The Board granted

petitioner’s motion for voluntary dismissal of this underground

storage tank appeal involving a Will County facility.

People of the State of Illinois v. Chiquita Processed Foods, L.L.C. –

The Board granted Chiquita's motion for summary judgment, and as

to counts IV and V of the complaint and dismissed them without

prejudice. The parties were directed to proceed expeditiously to

hearing on the remainder of the complaint.

Rockford Stop-N-Go, Inc. v. IEPA – No action taken.

Barbara and Ronald Stuart v. Franklin Fisher – No action taken.

Brian Finley, individually, Local 3315 of the American Federation

of State County and Municipal Employees (Cook County Public

Defenders Association.) and named others v. IFCO ICS-Chicago,

Inc. – No action taken.

Piasa Motor Fuels, Inc. v. IEPA – The Board accepted for hearing

this underground storage tank appeal involving a Madison County

Ralph’s Bonded 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 Hancock County facility.

King’s 66 Service Station v. IEPA – The Board accepted for

hearing this underground storage tank appeal involving a Madison

County facility.

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 granted respondent Purex Industries, Inc.’s

motion for extension of time. In the interest of administrative

economy, all respondents were granted until December 5, 2002, to

file any motion addressing whether the complaint is duplicative or

Knox College 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.

Klean Car Wash, 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 Cook County facility.

Maryville Voice Newspaper Co. 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.

Campton Township Highway Department 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

Cunningham 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 Edwards County facility.

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 Cass County facility.

Wabash Valley 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 Gallatin County facility.

OTHER ITEMS

The Chairman’s motion under Section 2(a)(4) of the Open

Meetings Act to schedule a Closed Deliberative Session to be held

on December 3, 2002 at 10:00 a.m. and for adoption of the

Calendar Year 2003 Board Closed Deliberative Sessions Dates:

January 16 and 30; February 13 and 27; March 13 and 27; April 10

and 24; May 6 and 22; June 12 and 26; July 3, 17, and 31; August

14 and 28; September 11 and 25; October 9 and 23; November 13,

December 9, at 10:00 a.m. was adopted by a vote of 5-0.

ADJOURNMENT

Moved and seconded, by a vote of 5-0, Chairman Manning adjourned the meeting at

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.