ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
FEBRUARY 3, 2000
JRTC VIDEO CONFERENCE ROOM 9-036, CHICAGO
CMS VIDEO CONFERENCE ROOM, 120 W. JEFFERSON, SPRINGFIELD
10:30 A.M.
ANNOUNCEMENTS
After calling the video conference 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. The Board Members answered as follows: Chairman
Manning and Board Members Girard, and Kezelis from Springfield, and Board Members
McFawn and Melas from Chicago. Board Member Flemal was absent.
APPROVAL OF MINUTES
Minutes of the January 20, 2000 meeting were approved by a vote of 5-0.
ADJUSTED STANDARDS
AS 00-7
In the Matter of: Petition of Central Illinois Public Service
Company for an Adjusted Standard from 35 Ill. Adm. Code
302.208 - The Board granted petitioner’s motion to withdraw this
request for an adjusted standard involving a Jackson County
facility.
5-0
Water,
NPDES
AS 00-8
In the Matter of: Petition of Vonco Products, Inc. for an Adjusted
Standard from 35 Ill. Adm. Code 218.401(a), (b), and (c) (the
“Flexographic Printing Rule”) - The Board held this matter
pending receipt of the certificate of publication in this petition for
an adjusted standard from certain air pollution control
requirements on behalf of a Lake County facility.
Air
AS 00-9
In the Matter of: Petition of Bema Film Systems, Inc. for an
Adjusted Standard from 35 Ill. Adm. Code 218.401(a), (b), and (c)
(the “Flexographic Printing Rule”) - The Board held this matter
pending receipt of the certificate of publication in this petition for
an adjusted standard from certain air pollution control
requirements on behalf of a DuPage County facility.
Air
AS 00-10
In the Matter of: Petition of Formel Industries, Inc. for an
Adjusted Standard from 35 Ill. Adm. Code 218.401(a), (b), and (c)
(the “Flexographic Printing Rule”) - The Board held this matter
pending receipt of the certificate of publication in this petition for
an adjusted standard from certain air pollution control
requirements on behalf of a Cook County facility.
Air
ADMINISTRATIVE CITATIONS
AC 00-3
AC 00-4
AC 00-5
AC 00-6
AC 00-7
AC 00-8
AC 00-15
AC 00-18
AC 00-21
AC 00-23
AC 00-24
AC 00-25
AC 00-26
AC 00-29
AC 00-30
AC 00-31
AC 00-37
AC 00-38
AC 00-39
AC 00-40
AC 00-41
AC 00-42
AC 00-43
AC 00-44
AC 00-45
AC 00-46
AC 00-47
AC 00-48
AC 00-49
AC 00-50
AC 00-51
AC 00-53
AC 00-54
AC 00-55
County of Sangamon v. ESG Watts, Inc. - The Board denied
respondent’s motion to dismiss or to strike, or in the alternative, to
either direct decision, or grant summary judgment. These matters
will proceed to hearing.
5-0
AC 00-16
IEPA v. Olen G. Parkhill, Jr. - The Board granted both parties’
motions to dismiss the petition for review, found that respondent
had violated Sections 21(p)(1) and 21(p)(3) of the Illinois
Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (3)
(1998)), and ordered respondent to pay a civil penalty of $1,000.
5-0
AC 00-33
County of Sangamon v. American Tree Service, Roy F. Throop -
No action taken.
AC 00-56
IEPA v. Tom Zang - In response to a joint stipulation and
settlement agreement in this administrative citation action
involving a Cumberland County facility, the Board found
respondent violated Section 21(p)(1) of the Environmental
Protection Act (Act) (415 ILCS 5/21(p)(1) (1998)) and ordered
respondent to pay a civil penalty of $500. The Board also granted
complainant’s motion to dismiss the alleged violation of Section
21(p)(7)(i) of the Act (415 ILCS 5/21(p)(7)(i) (1998), as amended
by Pub. Act 91-72, eff. July 9, 1999), prohibiting open dumping of
general construction or demolition debris.
5-0
AC 00-57
Tazewell County v. Waste Professionals, Inc. - The Board granted
complainant’s motion for voluntary dismissal of this administrative
citation action involving a Tazewell County facility.
5-0
AC 00-59
Will County v. James and Joan Haggard - The Board found that
these Will County respondents violated Sections
21(p)(1) and
21(p)(3) of the Act (415 ILCS 5/21(p)(1), 21(p)(3) (1998)), and
ordered respondents to pay a civil penalty of $1,000.
5-0
AC 00-60
IEPA v. Knox County, Illinois, Knox County Landfill #3, and
Thomas D. Wagher - The Board found that these Knox County
respondents violated Section
21(o)(12) of the Act (415 ILCS
5/21(o)(12) (1998)), and ordered respondents to pay a civil penalty
of $500.
5-0
AC 00-61
IEPA v. Don Myers - The Board found that this Union County
respondent violated Section
21(p)(1) of the Act (415 ILCS
5/21(p)(1) (1998)), and ordered respondent to pay a civil penalty of
$500.
5-0
AC 00-64
County of Sangamon v. ESG Watts, Inc. - The Board accepted this
administrative citation against this Sangamon
County respondent.
AC 00-65
County of Sangamon v. ESG Watts, Inc. - The Board accepted this
administrative citation against this Sangamon
County respondent.
AC 00-66
County of Sangamon v. ESG Watts, Inc. - The Board accepted this
administrative citation against this Sangamon
County respondent.
AC 00-67
IEPA v. Tony Brown - The Board accepted an administrative
citation against this Champaign
County respondent.
ADJUDICATORY CASES
Decisions
PCB 96-132
People of the State of Illinois v. Burlington Northern Railroad
Company, Beazer East, Inc., and Koppers Industries, Inc. - No
action taken.
RCRA-E
PCB 97-217
People of the State of Illinois v. Bigelow Group, Inc. - The Board
granted relief from the hearing requirement of Section 31(c)(2) of
the Environmental Protection Act (415 ILCS 5/31(c)(2) (1998)),
and accepted a stipulation and settlement agreement in this water
enforcement action concerning a facility located in Lake County,
Illinois, ordered the respondent to pay a civil penalty of $20,500,
and to cease and desist from further violations.
5-0
W-E
PCB 98-37
People of the State of Illinois v. American Waste Processing, LTD
- The Board granted relief from the hearing requirement of Section
31(c)(2) of the Environmental Protection Act (415 ILCS 5/31(c)(2)
(1998)), and accepted a stipulation and settlement agreement in
this Resource Conservation and Recovery Act enforcement action
concerning a facility located in Cook County, Illinois, ordered the
respondent to pay a civil penalty of $60,000, and to cease and
desist from further violations.
5-0
RCRA-E
PCB 00-105
People of the State of Illinois v. Britt Industries, Inc. - The Board
granted relief from the hearing requirement of Section 31(c)(2) of
the Environmental Protection Act (415 ILCS 5/31(c)(2) (1998)),
and accepted a stipulation and settlement agreement in this air
enforcement action concerning a facility located in Cook County,
Illinois, ordered the respondent to pay a civil penalty of $18,000,
and to cease and desist from further violations.
5-0
A-E
Provisional Variances
PCB 00-129
Libbey-Owens-Ford Company v. IEPA - Upon receipt of an
Illinois Environmental Protection Agency recommendation, the
Board granted this LaSalle County facility a 45-day provisional
variance, subject to conditions, from the effluent limits set forth in
35 Ill. Adm. Code 304.141(b).
5-0
W-V
PCB 00-130
City of Granite City v. IEPA - Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board
granted this Madison County facility a 45-day provisional
variance, subject to conditions, from the effluent limits set forth in
35 Ill. Adm. Code 304.121(a), 304.125(a), and 304.141(a) and
National Pollutant Discharge Elimination System Permit Number
IL0033481.
5-0
W-V
PCB 00-131
Archer Daniels Midland Company and City of Decatur v. IEPA -
Upon receipt of an Illinois Environmental Protection Agency
recommendation, the Board granted this Macon County facility a
45-day provisional variance, subject to conditions, from the
effluent discharge requirements set forth in 35 Ill. Adm. Code
304.141 and permit requirements set forth in 35 Ill. Adm. Code
309.102.
5-0
PWS-V
Motions and Other Matters
PCB 92-168
Edwards-Etherton Oil Company, Inc. v. IEPA - The Board granted
petitioner’s motion to withdraw this underground storage tank
appeal involving a Williamson County facility
5-0
UST-FRD
PCB 96-111
People of the State of Illinois v. John Chalmers, individually and
d/b/a John Chalmers Hog Farm - The Board granted respondent’s
motion to modify the Board order of January 6, 2000, extending
the time for payment of the civil penalty until April 6, 2000.
5-0
W-E
PCB 96-141
PCB 99-44
PCB 99-186
Butterick Company, Inc. v. IEPA - The Board granted petitioner’s
attorney’s motion to appear
Pro Hac Vice
.
5-0
UST-
Appeal
PCB 96-240
People of the State of Illinois v. Rogers O’Hare Motor Terminal
Limited, and Carolina Freight Carriers Corporation - Upon receipt
of a proposed stipulation and settlement agreement and an agreed
motion to request relief from the hearing requirement in this water
and underground storage tank enforcement action against a Cook
County facility, the Board ordered publication of the required
newspaper notice.
5-0
W&UST-E
PCB 96-261
People of the State of Illinois v. G.M. Demolition Corporation -
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 facilities
located in Cook and Kankakee Counties, the Board ordered
publication of the required newspaper notice.
5-0
A-E
PCB 98-59
Morton College Board of Trustees of Illinois, Community College
District No. 527 v. Town of Cicero - The Board found that the
third-party complaint was not duplicitous or frivolous, and
accepted it for hearing in this citizens’ Resource Conservation and
Recovery Act enforcement action involving a Cook County facility
5-0
RCRA-E
Citizens
PCB 99-12
Chemetco, Inc. v. IEPA - The Board granted petitioner’s motion
for voluntary dismissal of this permit appeal involving a Madison
County facility.
5-0
P-A, RCRA
PCB 99-69
Land and Lakes Company v. Randolph County Board of
Commissioners - No action taken.
P-C-F-S-R
PCB 99-125
Terrence G. Graf, Joe Graf, Marcella Graf, Louise Grothpietz,
Marjorie Olszeoski, Leonard Olszeoski, Mike Czebokowski, and
Lois Czebokowski v. Emerald Landscaping and CPK Landscaping
- The Board granted petitioners’ motion to voluntarily dismiss this
citizens’ noise enforcement action involving a Cook County
facility.
5-0
N-E,
Citizens
PCB 99-152
People of the State of Illinois v. Eagle-Picher Industries - No
action taken.
A-E
PCB 00-89
Illinois State Toll Highway Authority v. IEPA - The Board
accepted for hearing this underground storage tank appeal on
behalf of a Cook County facility, and on it own motion
consolidated this matter with fourteen similar underground storage
tank refund appeal cases brought by petitioner (Illinois State Toll
Highway Authority v. IEPA , PCB 98-88 et al, July 23, 1998, and
January 7, 1999). Additionally, the Board consolidated PCB 00-
51 and PCB 00-52, both similar underground storage tank refund
appeal cases, with the previously consolidated cases.
4-0
Melas
abstained
UST-
Appeal
90-Day Ext.
PCB 00-119
Wholesale Oil Company (Laflin) 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.
4-0
Melas
abstained
UST-FRD
90-Day Ext.
PCB 00-120
Wholesale Oil Company (Belmont) v. IEPA - The Board denied
petitioner's request for a 90-Day Extension of appeal but accepted
petitioner's letter requesting an extension of the 35-day time period
as a petition for review, ordering petitioner to file an amended
petition or the action would be subject to dismissal.
4-0
Melas
abstained
UST-FRD
90-Day Ext.
PCB 00-124
Agrium U.S. Inc. v. IEPA - The Board granted petitioner’s
attorney’s motion to appear
Pro Hac Vice
and
accepted for hearing
this underground storage tank appeal involving a Marshall County
facility.
5-0
PWS-V
PCB 00-125
People of the State of Illinois v. Nina Enterprises, Inc. - The Board
accepted for hearing this air enforcement action against this Cook
County facility.
5-0
A-E
PCB 00-126
Westown Land Trust 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.
5-0
UST-FRD
90-Day Ext.
PCB 00-127
People of the State of Illinois v. Dayne Rogers, an individual,
Black Gold International, and Crosby & Associates, P.C. - The
Board accepted for hearing this cost recovery tire clean-up
enforcement action against this Winnebago County facility.
5-0
L-E, Tires
PCB 00-128
Apple Chevrolet 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-
Appeal
90-Day Ext.
ADJOURNMENT
Moved and seconded, by a vote of 5-0
,
Chairman Manning adjourned the meeting at 11:25 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the
above minutes were approved this 17th day of February 2000 by a vote of 5-0. Board Member
R.C. Flemal abstained.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
