OCTOBER 5, 2000

SPRINGFIELD OFFICE

600 SOUTH SECOND STREET – SUITE 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. Chairman Manning then introduced and welcomed new staff member Jim

Lippson.

 

ROLL CALL

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

 

APPROVAL OF MINUTES

Minutes of the September 21, 2000 meeting were approved by a vote of 7-0.

 

RULEMAKINGS

R01-7

In the Matter of: SDWA Update, USEPA Amendments (January

1, 2000 through June 30, 2000) – The Board adopted a proposal for

public comment in this “identical-in-substance” rulemaking to

amend the Board’s public water supply regulations.

 

7-0

R, PWS

 

ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

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2

R01-15

In the Matter of: Amerock Corporation, Rockford Facility for Site-

Specific Rulemaking Petition for Amendment to 35 Ill. Adm. Code

304.303 – The Board ordered this Winnebago County petitioner to

file an amended petition by November 6, 2000, or this action will

be dismissed. The Board reserved ruling on the petitioner’s

request to incorporate the record from docket R87-33 and to waive

the petition signature requirement.

 

7-0

R, Water,

Site-

Specific

ADJUSTED STANDARDS

AS 97-3

In the Matter of: Petition of Shell Wood River Refining Company

for an Adjusted Standard from 35 Ill. Adm. Code 725.213 and

725.321 - The Board amended its May 15, 1997 order in this

matter to grant Toscopetro Corporation an adjusted standard from

35 Ill. Adm. Code 725.321, subject to the same conditions imposed

when the original adjusted standard was granted to Shell Wood

River Refining Company.

 

7-0

Land,

RCRA

AS 98-6

In the Matter of: Petition of Wood River Refining Company, a

division of Equilon Enterprises, L.L.C. f/k/a Shell Wood River

Refining Company for an Adjusted Standard from 35 Ill. Adm.

Code 725.213 and 725.321 - The Board amended its March 18,

1999 order in this matter to grant Toscopetro Corporation an

adjusted standard from 35 Ill. Adm. Code 725.321, subject to the

same conditions imposed when the original adjusted standard was

granted to Wood River Refining Company.

 

7-0

Land,

RCRA

AS 99-6

In the Matter of: Petition of Illinois-American Water Company’s

Alton Public Water Supply Replacement Facility Discharge to the

Mississippi River for an Adjusted Standard from 35 Ill. Adm. Code

304.124, 304.106, and 302.203 – No action taken.

 

Water

AS 01-1

In the Matter of: Petition of City of Elgin for an Adjusted Standard

from 35 Ill. Adm. Code 304.125 and 35 Ill. Adm. Code 302.204 –

The Board granted petitioner’s motion for extension of time to file

an amended petition for an adjusted standard no later than October

10, 2000.

 

7-0

Water

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3

AS 01-2

In the Matter of: Petition of the City of Geneva for an Adjusted

Standard from 35 Ill. Adm. Code 807.104 – The Board granted

petitioner’s motion to file a reply

instanter,

denied the motion to

schedule a site visit, and granted the Illinois Environmental

Protection Agency’s motion to strike.

 

7-0

Land

AS 01-4

In the Matter of: The Petition of Borden Chemicals & Plastics

Operating Limited Partnership for an Adjusted Standard from 35

Ill. Adm. Code 304.105 as it Applies to 35 Ill. Adm. Code

302.211(B)-(E) – Pending receipt of the certificate of publication,

the Board held this Sangamon County facility’s petition for an

adjusted standard from the water regulations.

 

Water

AS 01-5

In the Matter of: Petition of the City of Sycamore for an Adjusted

Standard from 35 Ill. Adm. Code Sections 306.305(b) and 304.121

Pending receipt of the certificate of publication, the Board held this

DeKalb County facility’s petition for an adjusted standard from the

water regulations.

 

Water

ADMINISTRATIVE CITATIONS

AC 00-75

IEPA v. Wayne Williams & Zora Williams – In response to a joint

stipulation and settlement agreement in this administrative citation

action involving a Peoria County facility, the Board dismissed

respondents’ petition for review, and found respondents had

violated Section 21(p)(1) of the Environmental Protection Act

(415 ILCS 5/21(p)(1) (1998)). Respondents were ordered to pay a

civil penalty of $1,500.

 

7-0

AC 00-87

IEPA v. Olen G. Parkhill, Jr. – In response to a joint stipulation

and settlement agreement in this administrative citation action

involving a Champaign County facility, the Board dismissed

respondent’s petition for review, and found respondent had

violated Section 21(p)(1) of the Environmental Protection Act

(415 ILCS 5/21(p)(1) (1998)). Respondent was ordered to pay a

civil penalty of $1,500.

 

7-0

AC 01-5

IEPA v. Billy Hammond, Sr. – No action taken.

 

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4

AC 01-9

IEPA v. Larry Cadie d/b/a Cadie Car Hauling – The Board

accepted an administrative citation against this Boone County

respondent.

 

Decisions

PCB 00-44

People of the State of Illinois v. Wallace, Inc. – In this Resource

Conservation and Recovery Act enforcement action concerning a

facility located in Jackson County, Illinois, the Board granted relief

from the hearing requirement of Section 31(c)(1) of the Act (415

ILCS 5/31(c)(1) (1998)), accepted a final stipulation and

settlement agreement, ordered the respondent to pay a civil penalty

of $2,000, and ordered respondent to cease and desist from further

violations.

 

7-0

RCRA-E

PCB 01-41

People of the State of Illinois v. Sommer Products Company, Inc. –

In this air enforcement action concerning a facility located in

Peoria County, Illinois, the Board granted relief from the hearing

requirement of Section 31(c)(1) of the Act (415 ILCS 5/31(c)(1)

(1998)), accepted a final stipulation and settlement agreement,

ordered the respondent to pay a civil penalty of $7,500, and

ordered respondent to cease and desist from further violations.

 

7-0

A-E

PCB 01-45

People of the State of Illinois v. E.J. Water Corporation, Milano &

Grunloh Engineers, Inc. and Speth Plumbing, Inc. – In this public

water supply enforcement action concerning a facility located in

Randolph County, the Board granted relief from the hearing

requirement of Section 31(c)(1) of the Act (415 ILCS 5/31(c)(1)

(1998)), accepted a final stipulation and settlement agreement,

ordered each respondent to pay a civil penalty of $6,000, and

ordered respondents to cease and desist from further violations.

 

7-0

PWS-E

Provisional Variances

PCB 01-59

Abbott Laboratories v. IEPA – Upon receipt of an Illinois

Environmental Protection Agency recommendation, the Board

granted a 30-day provisional variance to this Lake County facility

from the 90-day limitation on the accumulation of hazardous

wastes, as set forth in 35 Ill. Adm. Code 722.134(b).

 

7-0

L-V, RCRA

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5

Motions and Other Matters

 

PCB 97-101

People of the State of Illinois v. Louis Berkman Company – 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 facility located in Ogle County,

the Board ordered publication of the required newspaper notice.

 

7-0

A-E

(Cons.)

 

Clayton Chemical Acquisition Limited Liability Company d/b/a

Resource Recovery Group, L.L.C. v. IEPA - No action taken.

P-A, RCRA

PCB 98-148

People of the State of Illinois v. Doren Poland, Lloyd Yoho and

Briggs Industries, Inc.; and Briggs Industries, Inc. v. Loren West –

No action taken.

 

L-E

PCB 98-164

City of Rock Island v. IEPA – No action taken.

 

W-V,

NPDES

PCB 99-27

People of the State of Illinois v. James and Carol Gilmer – The

Board denied respondents’ motion for stay of the Board’s August

24, 2000 order.

 

7-0

RCRA,

W-E

PCB 00-9

People of the State of Illinois v. Brake’s Enterprises, Inc. - No

action taken.

 

UST-E

PCB 00-32

People of the State of Illinois v. Village of Maryville and Osborn

Homes, Inc. – Upon receipt of a proposed stipulation and

settlement agreement between the People and the Village, and an

agreed motion to request relief from the hearing requirement in this

public water supply enforcement action involving a facility located

in Madison County, the Board ordered publication of the required

newspaper notice.

 

7-0

PWS-E

PCB 00-127

People of the State of Illinois v. Dayne Rogers and Black Gold

International – No action taken.

  

L-E, Tires

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6

PCB 00-214

General Motors Corporation (Electro-Motive Division) v. IEPA –

The Board granted petitioner’s motion for voluntary dismissal of

this permit appeal involving a Cook County facility.

 

7-0

P-A, Air

PCB 00-219

Stephen G. Brill v. Henry Latoria individually and d/b/a T.L.

Trucking Foodliner – No action taken.

 

A&N-E,

Citizens

PCB 00-223

Silver Glen Homeowners’ Association, Inc. v. IEPA – The Board

denied respondent’s motion to dismiss.

 

7-0

P-A, Water

PCB 01-15

Federal-Mogul Corporation 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.

 

7-0

UST-

Appeal

PCB 01-18

Greenville Airport Authority 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 Bond County facility.

 

7-0

UST-FRD

PCB 01-19

Bond County Community School District 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 Bond County facility.

 

7-0

UST-FRD

PCB 01-20

Abbott Laboratories v. IEPA – Having previously granted a

request for a 90-day extension, the Board dismissed this matter

because no permit appeal was timely filed on behalf of this Lake

County facility.

 

7-0

P-A, Air

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7

PCB 01-21

Michael E. Mellon and Rebecca J. Mellon v. Illinois Department of

Transportation - The Board found that the alleged violations of

Sections 9(a) and 24 of the Environmental Protection Act (Act)

(415 ILCS 5/9(a), 24 (1998)) and 35 Ill. Adm. Code 900.102 of the

Board’s noise rules were neither duplicitous nor frivolous. The

Board accepted those allegations involving a Cook County facility

for hearing. The alleged violations of Sections 9(b) and 23 of the

Act (415 ILCS 5/9(b), 23 (1998)) were determined to be frivolous,

and the Board dismissed them from the complaint.

 

6-0

Kezelis

abstained

A&N-E

Citizens

PCB 01-22

Homewood-Flossmoor Park District 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.

 

7-0

UST-FRD

PCB 01-23

Hillerich’s Car Care 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.

 

7-0

UST-

Appeal

PCB 01-24

U.S. Chrome Corporation of Illinois v. IEPA – Having previously

granted a request for a 90-day extension, the Board dismissed this

matter because no permit appeal was timely filed on behalf of this

Boone County facility.

 

7-0

P-A

PCB 01-25

Chrysler Realty Corporation v. Thomas Industries, Inc. and TDY

Industries, Inc. – The Board granted respondent’s attorney’s

motion to appear p

ro hac vice

and

 

ordered respondent to provide to

the Board

 

additional information regarding its affirmative defense.

 

 

7-0

UST-E,

Citizens

PCB 01-30

Stuart C. Nuss v. IEPA and Village of Durand - The Board held for

a later duplicitous/frivolous determination this citizen’s water

enforcement action involving a Winnebago County facility.

 

W-E,

Citizens

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8

(Cons.)

Community Landfill Company and City of Morris v. IEPA – The

Board granted respondent’s motion to file the response

instanter

and denied the motion for extension of time to file the

administrative record.

 

7-0

P-A, Land

PCB 01-50

Gilberts Citgo L.L.C. v. IEPA – The Board accepted petitioner’s

amended petition for hearing in this water well setback appeal

involving a Kane County facility.

 

7-0

WWS

PCB 01-54

Richard G. Cotterman v. Jackson Farms and City of Virden – The

Board held for a later duplicitous/frivolous determination this

citizen’s air and noise enforcement action involving a Macoupin

County facility.

 

A&N-E,

Citizens

PCB 01-55

CC Landfill, Inc. v. The Coles County Board, including Bill

Harrington, Eugene Sims, Timothy Yow, Tim Gover, Robert

Webb, Jonathan McKenzie, Robert Crowder, Michael Genta, Jan

Eads, Carl Furry, Pat Black and Ray Allen, and Coles County

Environmental Force – The Board accepted for hearing this third-

party pollution control facility siting review involving a Coles

County facility and dismissed as improperly named all respondents

except the Coles County Board.

 

7-0

P-C-F-S-R

PCB 01-56

Bluff’s/Scott-Morgan C.U.S.D. #2 v. IEPA – The Board accepted

for hearing this underground storage tank appeal involving a Scott

County facility.

 

7-0

UST-FRD

PCB 01-57

G.J. Leasing 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 St. Clair County facility.

 

7-0

UST-FRD

90-Day Ext.

PCB 01-58

Roman Catholic Diocese/Joliet St. Alexis Church 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.

7-0

UST-FRD

90-Day Ext.

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9

CASES PENDING DECISION

PCB 00-200

American Bottom Conservancy, East St. Louis Community Action

Network, Kathy Andria and Jack Norman v. Village of Fairmont

City and Waste Management of Illinois, Inc. (due 10/20)

 

P-C-F-S-R

ADJOURNMENT

 

Moved and seconded, by a vote of 7-0, Chairman Manning adjourned the meeting at 11:54 a.m.

 

 

I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the

above minutes were approved this 19th day of October 2000 by a vote of 7-0.

 

 

  

  

  

  

  

  

 

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board