ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
JANUARY 6, 2000 CHICAGO OFFICE
VIDEO CONFERENCE ROOM 9-036
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. Chairman Manning noted that a staff attorney Karen
Kavanagh-Mack, was leaving the Board for the private practice of law, and thanked her for her
valuable contributions to the Board.
ROLL CALL
The Clerk of the Board called the roll. The Board members answered as follows: Chairman
Manning, Board Members Kezelis, and Girard, from Springfield, Board Members Flemal,
McFawn, and Melas from Chicago.
APPROVAL OF MINUTES
Minutes of the December 16, 1999 meeting were approved by a vote of 6-0.
RULEMAKINGS
R00-9
In the Matter of: Definition of VOM Update, USEPA
Amendments (July 1, 1999 through December 31, 1999) - The
Board reserved this docket for a routine identical-in-substance
update. The update includes any federal amendments which
occurred during the period of July 1, 1999, through December 31,
1999.
R, Air
R00-10
In the Matter of: SDWA Update, USEPA Amendments (July 1,
1999 through December 31, 1999) - The Board reserved this
docket for a routine identical-in-substance update. The update
includes any federal amendments which occurred during the period
of July 1, 1999, through December 31, 1999.
R, PWS
R00-11
In the Matter of: UIC Update, USEPA Amendments (July 1, 1999
through December 31, 1999) - The Board reserved this docket for a
routine identical-in-substance update. The update includes any
federal amendments which occurred during the period of July 1,
1999, through December 31, 1999.
R, Land
R00-12
In the Matter of: RCRA Subtitle D Municipal Solid Waste
Landfill Update, USEPA Amendments (July 1, 1999 through
December 31, 1999) - The Board reserved this docket for a routine
identical-in-substance update. The update includes any federal
amendments which occurred during the period of July 1, 1999,
through December 31, 1999.
R, Land
R00-13
In the Matter of: RCRA Subtitle C Hazardous Waste Update,
USEPA Amendments (July 1, 1999 through December 31, 1999 -
The Board reserved this docket for a routine identical-in-substance
update. The update includes any federal amendments which
occurred during the period of July 1, 1999, through December 31,
1999.
R, Land
R00-14
In the Matter of: UST Update, USEPA Amendments (July 1, 1999
through December 31, 1999) - The Board reserved this docket for a
routine identical-in-substance update. The update includes any
federal amendments which occurred during the period of July 1,
1999, through December 31, 1999.
R, Land
R00-15
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (July 1, 1999 through December 31, 1999) - The
Board reserved this docket for a routine identical-in-substance
update. The update includes any federal amendments which
occurred during the period of July 1, 1999, through December 31,
1999.
R, Water
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 00-27
IEPA v. John Simpson - 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.
6-0
AC 00-33
County of Sangamon v. American Tree Service, Roy F. Throop -
The Board accepted for hearing this petition for review of an
administrative citation against these Sangamon
County
respondents.
5-0
Kezelis
abstained
AC 00-36
IEPA v. David Swearingen - The Board found that this Moultrie
County respondent violated Sections
21(p)(1) and 21(p)(7)(i) of
the Act (415 ILCS 5/21(p)(1), 21(p)(7)(i) (1998)), and ordered
respondent to pay a civil penalty of $1,000.
6-0
AC 00-56
IEPA v. Tom Zang - The Board accepted for hearing this petition
for review of an administrative citation against this Cumberland
County respondent.
6-0
AC 00-59
County of Will v. James and Joan Haggard - The Board accepted
an administrative citation against these Will County respondents.
AC 00-60
IEPA v. Knox County, Illinois, Knox County Landfill #3, and
Thomas D. Wagher - The Board accepted an administrative
citation against these Knox County respondents.
AC 00-61
IEPA v. Don Myers - The Board accepted an administrative
citation against this Union County respondent.
AC 00-62
Wayne County Health Department v. John Heem - No action
taken.
ADJUDICATORY CASES
Decisions
PCB 96-111
People of the State of Illinois v. John Chalmers, individually and
d/b/a John Chalmers Hog Farm - The Board found that this
respondent violated various sections of the Environmental
Protection Act and Board regulations and ordered respondent to
pay a civil penalty of $5,750 in this water enforcement action
concerning a facility located in Menard County.
6-0
Kezelis and
Manning
concurred
W-E
PCB 97-50
Lionel Trepanier, Wes Wager, Maureen Minnick, Lorenz Joseph,
Maxworks Garden Cooperative and Avi Pandya v. Speedway
Wrecking Company and the Board of Trustees of the University of
Illinois - The Board found no violations of the Environmental
Protection Act or the Board’s regulations in this citizens’ air and
land enforcement action involving demolition of a Cook County
facility.
6-0
A, L-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 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 air
enforcement action concerning a facility located in Hardin County,
Illinois, ordered respondent to pay a civil penalty of $6,000, and to
cease and desist from further violations.
6-0
A-E
Provisional Variances
PCB 00-112
Plexus Scientific Corporation v. IEPA - Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board
granted this Will County facility a 45-day provisional variance,
subject to conditions, from 35 Ill. Adm. Code 237.102, which
prohibits open burning without a permit.
6-0
A-V
Motions and Other Matters
PCB 89-178
Olin Corporation v. IEPA - The Board granted the parties’ joint
motion for voluntary dismissal of this permit appeal involving a
Madison County facility.
6-0
P-A, RCRA
PCB 94-373
People of the State of Illinois v. Wayne Berger and Berger Waste
Management, Inc. - The Board granted in part and denied in part
respondent’s motion for a stay of the Board’s May 6, 1999 order.
5-1
Kezelis
dissented
L-E
PCB 95-170
People of the State of Illinois v. Environmental Control and
Abatement, Inc. - No action taken.
A-E
PCB 96-132
People of the State of Illinois v. Northern Railroad Company,
Beazer East and Koppers Industries, Inc. - Upon receipt of a
proposed stipulation and settlement agreement and an agreed
motion to request relief from the hearing requirement in this
Resource Conservation and Recovery Act enforcement action
against a Knox County facility, the Board ordered publication of
the required newspaper notice.
6-0
RCRA-E
PCB 97-23
City of Lockport v. IEPA - The Board granted petitioner’s motion
for voluntary dismissal of this permit appeal involving a Will
County facility.
6-0
P-A,
NPDES
PCB 97-217
People of the State of Illinois v. Bigelow Group, Inc. - 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 Lake County facility, the Board
ordered publication of the required newspaper notice.
6-0
W-E
PCB 98-37
People of the State of Illinois v. American Waste Processing, LTD
- Upon receipt of a proposed stipulation and settlement agreement
and an agreed motion to request relief from the hearing
requirement in this Resource Conservation and Recovery Act
enforcement action against a Cook County facility, the Board
ordered publication of the required newspaper notice.
6-0
RCRA-E
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 99-42
International Environmental Consultants Inc., and Memorial Park
District v. IEPA - The Board granted petitioners’ motion for
voluntary dismissal of this underground storage tank appeal
involving a Cook County facility.
6-0
UST-
Appeal
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 99-165
Formel Industries, Inc v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of this request for an air variance
involving a Cook County facility.
6-0
A-V
PCB 99-167
Vonco Products, Inc. v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of this request for an air variance
involving a Lake County facility.
6-0
A-V
PCB 99-170
Bema Film Systems, Inc. v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of this request for an air variance
involving a DuPage County facility.
6-0
A-V
PCB 00-53
PCB 00-54
The C.P. Hall Company v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of the request for a variance in PCB
00-53 involving a Cook County facility.
6-0
A-V
PCB 00-60
Sullivan Community Unit School District #300 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 Moultrie County facility.
6-0
UST-FRD
PCB 00-69
CAM, L.L.C. v. Office of the Illinois State Fire Marshal - The
Board granted petitioners’ motion for voluntary dismissal of this
underground storage tank appeal involving a Madison County
facility.
6-0
UST-FRD
PCB 00-71
Robert Cheek 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
Pulaski County facility.
6-0
UST-FRD
PCB 00-74
Wayne Foster v. IEPA - The Board granted motion for corrected
caption to show Freeburg Investors Groups as petitioner instead of
Wayne Foster. The Board also accepted for hearing this
underground storage tank appeal involving a St. Clair County
facility.
6-0
UST-FRD
PCB 00-77
Susan Carson 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
Kane County facility.
6-0
UST-FRD
PCB 00-90
Roger L. Young and Romana K. Young v. Gilster-Mary Lee
Corporation - The Board found that, pursuant to 35 Ill. Adm. Code
103.124(a) of the Board’s rules, the alleged violations of the
Environmental Protection Act and the Board’s rules, were neither
duplicitous nor frivolous, and accepted this citizens’ noise
enforcement action involving a Randolph County facility for
hearing.
6-0
N-E
Citizens
PCB 00-92
Colony of Longmeadow HOA v. Dominick’s (Mundelein Facility)
- The Board found that, pursuant to 35 Ill. Adm. Code 103.124(a)
of the Board’s rules, the alleged violations of the Environmental
Protection Act and the Board’s rules, were neither duplicitous nor
frivolous, and accepted this citizens’ noise enforcement action
involving a Lake County facility for hearing. The complainant was
ordered to file an amended complaint with the Clerk of the Board
by February 5, 2000.
6-0
N-E
Citizens
PCB 00-102
People of the State of Illinois v. Babson Brothers Company - The
Board accepted for hearing this land enforcement action against
this Kane County facility.
6-0
L-E
PCB 00-103
People of the State of Illinois v. Mano Negra Wrecking
Corporation, previously known as Mano Negra Corporation, and
Fernando O. Zamora, individually and as president of Mano Negra
Wrecking Corporation - The Board accepted for hearing this air
enforcement action involving two facilities located in Cook
County.
6-0
A-E
PCB 00-104
People of the State of Illinois v. The Highlands, L.L.C., Murphy
Farms, Inc. a/k/a Murphy Family Farms, and Bion Technologies,
Inc. - The Board accepted for hearing this air enforcement action
against this Knox County facility.
6-0
A-E
PCB 00-105
People of the State of Illinois v. Britt Industries, 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 against a Cook County facility, the Board
ordered publication of the required newspaper notice.
6-0
A-E
PCB 00-106
Village of Downers Grove 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 DuPage County facility.
6-0
UST-
Appeal
90-Day Ext.
PCB 00-107
The Dow Chemical Company (Joliet Plant) v. IEPA - The Board
granted this request for a 90-day extension of time to file a
Resource Conservation and Recovery Act permit appeal on behalf
of this Will County facility.
6-0
RCRA-PA
90-Day Ext.
PCB 00-108
People of the State of Illinois v. E & E Hauling, Inc. and BFI
Waste Systems of North America - The Board accepted for hearing
this air enforcement action against this DuPage County facility.
6-0
L-E
PCB 00-109
People of the State of Illinois v. Arturo Rivero, d/b/a Swiss
Cleaners - The Board accepted for hearing this air enforcement
action against this Cook County facility.
6-0
A-E
PCB 00-110
People of the State of Illinois v. Joe Decicco Demolition, Inc. - The
Board accepted for hearing this air enforcement action against this
Cook County facility.
6-0
A-E
PCB 00-111
People of the State of Illinois v. R. Freitsch Company, Inc. - The
Board accepted for hearing this air enforcement action against this
Peoria County facility.
6-0
A-E
CASES PENDING DECISION
PCB 99-31
Cass County Service Company v. IEPA
Manning
T-C, Appeal
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 11:14 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the
above minutes were approved this 20th day of January 2000 by a vote of 6-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
