ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
DECEMBER 5, 2002 SPRINGFIELD OFFICE
600 South Second Street - Room 403
Hearing Room
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 Administrative Assistant to the Chairman called the roll. All Board Members were present.
APPROVAL OF MINUTES
Minutes of the November 21, 2002 meeting were approved by a vote of 6-0.
RULEMAKINGS
R02-20
In the Matter of: Proposed Horween Leather Company Site-
Specific Air Rule, 35 Ill. Adm. Code 218.112 and 218.929 – The
Board adopted a second notice opinion and order in this matter to
amend the Board’s air regulations.
6-0
R, Air
ADMINISTRATIVE CITATIONS
AC 03-11
City of Chicago Department of Environment v. City Wide Disposal,
Inc. – The Board accepted for hearing this petition for review of an
administrative citation against this Cook County respondent.
6-0
ADJUDICATORY CASES
Decisions
PCB 01-129
Mac Investments d/b/a Olympic Oldsmobile v. Office of the State
Fire Marshal – No action taken.
UST
Appeal
Provisional Variances
PCB 03-78
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
PCB 95-78
Vogue Tyre & Rubber Company v. Office of the State Fire Marshal
– The Board affirmed the Office of State Fire Marshal’s February 1,
1995 denial of eligibility.
6-0
UST Fund
PCB 96-143
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.
W-E
PCB 97-103
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.
L&W-E
PCB 98-55
Donald McCarrell and Ann McCarrell v. Air Distribution
Associates, Inc. – No action taken.
Citizens
L-E
PCB 99-103
Dynachem, Inc. v. IEPA – The Board granted petitioner’s motion
for voluntary dismissal of this permit appeal involving a Vermilion
County facility.
6-0
P-A
RCRA
2
PCB 00-110
People of the State of Illinois v. Joe Decicco Demolition, Inc. – No
action taken.
A-E
PCB 01-60
Anthony J. Schlax v. Evanston Hospital – The Board granted
complainant’s motion for voluntary dismissal of this noise
enforcement action involving a Cook County facility.
6-0
Citizens
N-E
PCB 02-9
Mahanbir Dhillon d/b/a Express Food and Gas 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 02-18
People of the State of Illinois v. Williamsburg Place of Crete –
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 Will County facility, the
Board ordered publication of the required newspaper notice.
6-0
W-E
PCB 02-160
Rockford Stop-N-Go, Inc. v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Boone County facility.
6-0
UST Fund
PCB 02-164
Barbara and Ronald Stuart v. Franklin Fisher – No action taken.
Citizens
N-E
PCB 02-208
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. – The Board denied the parties’ joint motion to dismiss the
complaint and to accept the proposed stipulation and settlement
agreement without hearing. This matter shall proceed to hearing on
the proposed settlement.
4-2
Manning
and
Tristano
dissented
Citizens
A-E
PCB 02-225
Janet Wagner v. Lisa Parenchio and Jim Weihsmantel – No action
taken.
Citizens
N-E
PCB 03-3
Akzo Nobel Surface Chemistry L.L.C. v. IEPA – The Board
6-0
3
granted petitioner’s motion for voluntary dismissal of this variance
request involving a Grundy County facility.
W-V
NPDES
PCB 03-15
Rash, 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 Gallatin
County facility.
6-0
UST
Appeal
PCB 03-18
Whole Sale Oil Company 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.
6-0
UST
Appeal
PCB 03-24
Hannel Oil Company v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Scott County
facility and granted petitioner’s motion to consolidate this matter
with PCB 03-25.
6-0
UST Fund
PCB 03-25
Hannel Oil Company v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Scott County
facility and granted petitioner’s motion to consolidate this matter
with PCB 03-24.
6-0
UST Fund
PCB 03-26
Lake Shore National Bank Trust No. 2921 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 Lake County facility.
6-0
UST Fund
PCB 03-42
Rantoul Township High School District No. 193 v. IEPA –
Respondent’s motion for leave to file instanter the administrative
record and petitioner’s motion to stay hearing were referred to the
hearing officer for disposition.
UST Fund
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 granted complainant’s counsel’s corrected
motions to appear
pro hac vice.
Complainant’s October 25, 2002
motion to appear
pro hac vice
was denied as moot.
6-0
Citizens
UST-E
4
PCB 03-72
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.
6-0
UST
Appeal
PCB 03-73
People of the State of Illinois v. Riverdale Recycling, Inc., and Tri-
State Disposal, Inc. – The Board accepted for hearing this land
enforcement action involving a Cook County facility.
6-0
L-E
PCB 03-74
People of the State of Illinois v. City of Georgetown, and T.K.
Fleming Construction, Inc. – The Board accepted for hearing this
public water supply enforcement action involving a Vermilion
County facility.
6-0
PWS-E
PCB 03-75
Clinton County Oil Company, 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 Madison County facility.
6-0
UST Fund
CASES PENDING DECISION
PCB 00-140
Gladys L. Knox and David A. Knox v. Turris Coal Company and
AEI Resources, Inc.
Citizens
N-E
PCB 00-177
Michael D. Logsdon, Darrell E. Mann, Kathy Mann, Russell
Spillman, Marilyn Spillman, Rita Marti, Alvin W. Abbott, Kathy
Abbott, Diana Collins, Dave Collins v. South Fork Gun Club
Citizens
N-E
5
ADJOURNMENT
Moved and seconded, by a vote of 6-0, Chairman Manning adjourned the meeting at
11:25 a.m. to an Executive Session.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on December 19, 2002 by a vote of 6-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
6
