ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
JANUARY 20, 2000 CHICAGO OFFICE
VIDEO CONFERENCE ROOM 9-036
10:30 A.M.
ANNOUNCEMENTS
After calling the meeting to order, Chairman Manning welcomed members of the public and
staff to the meeting. (The audio connection between the Springfield and Chicago sites was of
good quality throughout the meeting, but the video connection was established only toward the
end of the meeting.)
ROLL CALL
The Clerk of the Board called the roll. The Board members answered as follows: Chairman
Manning and Board Member Kezelis from Springfield, and Board Members Flemal, Girard,
McFawn, and Melas from Chicago.
APPROVAL OF MINUTES
Minutes of the January 6, 2000 meeting were approved by a vote of 6-0.
RULEMAKINGS
R00-7
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (January 1, 1999 through June 30, 1999) - The Board
adopted a final opinion and order in this identical-in-substance
rulemaking to amend the Board’s wastewater pretreatment
regulations.
6-0
R, Water
R00-16
In the Matter of: Vehicle Scrappage Activities Adoption of 35 Ill.
Adm. Code 207 - The Board accepted the Illinois Environmental
Protection Agency’s January 6, 2000 proposal to amend the
Board’s air pollution control regulations, granted the motion to
waive the requirement, and adopted a proposal for public
comment, noting that the rules must be adopted 180-days from the
filing of the proposal.
6-0
R, Air
ADJUSTED STANDARDS
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. - No action taken.
AC 00-16
IEPA v. Olen G. Parkhill, Jr. - No action taken.
AC 00-33
County of Sangamon v. American Tree Service, Roy F. Throop -
The Board on its motion vacated its January 6, 2000 order
accepting this matter for hearing, and dismissed the petition for
review as untimely filed. The Board then found that these
Sangamon County respondents violated Section
21(p)(3) of the Act
(415 ILCS 5/21(p)(3) (1998)), and ordered respondents to pay a
civil penalty of $500.
5-0
Kezelis
abstained
AC 00-52
Will County v. Plum Valley Nursery and Tim Van Baren - 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.
6-0
AC 00-62
Wayne County Health Department v. John Heem - The Board
granted complainant’s second motion to amend and accepted this
administrative citation against this Wayne County respondent.
6-0
AC 00-63
County of Vermilion v. Illinois Landfills, Inc. - The Board
accepted an administrative citation against this Vermilion County
respondent.
ADJUDICATORY CASES
Decisions
PCB 00-98
People of the State of Illinois v. City of Joliet, Illinois - 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)),
accepted a stipulation and settlement agreement in this public
water supply enforcement action concerning a facility located in
Will County, Illinois, ordering respondent to pay a civil penalty of
$25,000, and to cease and desist from further violations.
6-0
PWS-E
PCB 99-31
Cass County Service Company v. IEPA - The Board certified that
the petitioner’s steel building is a “pollution control facility” under
the Property Tax Code (35 ILCS 200/11-10 (1998)), and directed
the Illinois Environmental Protection Agency to timely provide
any additional documentation of the tax certification that the
Department of Revenue may require.
6-0
T-C, Appeal
Provisional Variances
PCB 00-121
Department of the Air Force v. IEPA - Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board
granted a 27-day provisional variance to this St. Clair 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 -V
PCB 00-123
Berlin Industries v. IEPA - Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board
granted this DuPage County facility a four-day provisional
variance, subject to conditions, from the requirements to use an
afterburner to reduce 90% of volatile organic material emissions
and to use an afterburner at all times when operating a printing
line. These requirements are set forth in 35 Ill. Adm. Code
218.407(a)(1)(C) and 218.407(a)(1)(E) and conditions
7.1.3(f)(i)(C) and 7.1.3(f)(i)(E) of petitioner’s Clean Air Act
Permit Program permit.
6-0
A-V
Motions and Other Matters
PCB 95-170
People of the State of Illinois v. Environmental Control and
Abatement, Inc. - No action taken.
A-E
PCB 97-180
Atkinson Landfill Company v. IEPA - The Board granted
petitioner’s motion for voluntary dismissal of this permit appeal
involving a Henry County facility.
6-0
P-A, Land
PCB 98-59
Morton College Board of Trustees of Illinois, Community College
District No. 527 v. Town of Cicero - No action taken.
RCRA-E
Citizens
PCB 99-109
People of the State of Illinois v. Donald and Robert Hastie d/b/a
Hastie Trucking and Mining Company - The Board granted the
parties’ request to amend the Board order of January 6, 2000 to
allow payment of the penalty within 60 days.
6-0
A-E
PCB 99-111
People of the State of Illinois v. Gerry Rich d/b/a Rich Pork Farm -
Upon receipt of a proposed stipulation and settlement agreement
and an agreed motion to request relief from the hearing
requirement in this water enforcement action against a Tazewell
County facility, the Board ordered publication of the required
newspaper notice.
6-0
W-E
PCB 99-125
Terrence G. Graf, Joe Graf, Marcella Graf, Louise Grothpietz,
Marjorie Olszeoski, Leonard Olszeoski, Mike Czebokowski, Lois
Czebokowski v. Emerald Landscaping and CPK Landscaping - No
action taken.
N-E,
Citizens
PCB 00-75
Delta Sonic Car Wash Systems, 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 timely
filed on behalf of this DuPage County facility.
6-0
UST-FRD
PCB 00-76
State Street Shell v. IEPA - The Board accepted for hearing this
underground storage tank appeal involving a St. Clair County
facility. The Board also granted petitioner’s motion for corrected
caption to show East Side Acquisitions, Inc. as petitioner instead of
State Street Shell.
6-0
UST-FRD
PCB 00-81
Northwestern University v. IEPA - Having previously granted a
request for a 90-day extension, the Board dismissed this matter
because no underground storage tank appeal was timely filed on
behalf of this Cook County facility.
6-0
UST-
Appeal
PCB 00-82
Jersey Sanitation Corporation v. IEPA - The Board accepted for
hearing this permit appeal involving a Jersey County facility.
6-0
P-A, Land
PCB 00-83
Kathe’s Auto Service Center, 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 timely
filed on behalf of this Cook County facility.
6-0
UST-
Appeal
PCB 00-84
Graham 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 timely filed on
behalf of this McHenry County facility.
6-0
UST-FRD
PCB 00-85
Libertyville Lumber 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 timely
filed on behalf of this Lake County facility.
6-0
UST-
Appeal
PCB 00-87
E.G. Vogt Oil Company, 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 timely filed on
behalf of this St. Clair County facility.
6-0
UST-FRD
PCB 00-113
People of the State of Illinois v. Illinois-American Water Company
- The Board accepted for hearing this public water supply
enforcement action against this Peoria County facility.
6-0
PWS-E
PCB 00-114
Three County Public Water District v. IEPA - The Board entered
an order directing petitioner to file an amended petition within 45
days in this request for a public water supply variance on behalf of
a Macoupin County facility.
6-0
PWS-V
PCB 00-115
People of the State of Illinois v. Yetter Manufacturing Company,
Inc. - The Board accepted for hearing this air enforcement action
against this Madison County facility.
6-0
A-E
PCB 00-116
Fox River Water Reclamation District v. IEPA - The Board
granted this request for a 90-day extension of time to file a permit
appeal on behalf of this McHenry County facility.
6-0
P-A,
NPDES
90-Day Ext.
PCB 00-117
Ophelia Niemann, formerly d/b/a Barney’s Garage, Inc. v. IEPA -
The Board accepted for hearing this underground storage tank
appeal involving a Montgomery County facility.
6-0
UST-FRD
PCB 00-118
Community Landfill Company and City of Morris v. IEPA - The
Board accepted for hearing this permit appeal involving a Grundy
County facility.
6-0
P-A, Land
PCB 00-119
Wholesale Oil Company (Laflin) v. IEPA - No action taken.
UST-FRD
90-Day Ext.
PCB 00-120
Wholesale Oil Company v. IEPA - No action taken.
UST-FRD
90-Day Ext.
PCB 00-122
People of the State of Illinois v. City of Lawrenceville, John A.
Gordon, P.E., Gordon & Price, Inc., David Guillaum, d/b/a D&G
Construction, and Wayne Lappington, d/b/a Lappington Trucking
and Excavating - The Board accepted for hearing this public water
supply enforcement action against this Lawrence County facility.
6-0
PWS-E
CASES PENDING DECISION
PCB 99-98
Kendall-Grundy FS, Inc. v. IEPA
Manning
T-C, Appeal
ADJOURNMENT
Moved and seconded, by a vote of 6-0
,
Chairman Manning adjourned the meeting at 11:15 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the
above minutes were approved this 3rd day of February 2000 by a vote of 5-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
