NOVEMBER 2, 2000 CHICAGO OFFICE
CONFERENCE ROOM 9-040
11:00 A.M
ANNOUNCEMENTS
After calling the meeting to order, Chairman Manning welcomed members of the public
and staff to the meeting. The Chairman also acknowledged the presence of Mr.
Emmanuel Normant, Chief of Polluted Sites Division, French Ministry of Environment
and Mr. Jean Vaury, Commercial Counselor, French Embassy.
ROLL CALL
The Clerk of the Board called the roll and all Board Members answered present.
APPROVAL OF MINUTES
Minutes of the October 19, 2000 meeting were approved by a vote of 7-0.
RULEMAKINGS
R00-20
In the Matter of: Revision of the Board’s Procedural Rules: 35 Ill.
Adm. Code 101-130 – The Board issued a second-notice opinion
and order in this matter proposing to amend the Board’s procedural
rules.
7-0
R,
Procedural
Rules
ADJUSTED STANDARDS
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 304.125
and 35 Ill. Adm. Code 302.204 – The Board accepted for hearing
this Cook County facility’s amended petition for an adjusted
standard from the Board’s pH water quality standard and effluent
limitation.
7-0
PWS
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
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
The Board ordered this Kane County petitioner to file an amended
petition by January 5, 2001, or this action will be dismissed.
7-0
Water
ADMINISTRATIVE CITATIONS
AC 00-72
IEPA v. Carl White – The Board entered an interim opinion and
order finding respondent violated Section 21(p)(1) of the
Environmental Protection Act (415 ILCS 5/21(p)(1) (1998)) and
assessing a penalty of $1,500. The Board ordered the Clerk of the
Board and the Environmental Protection Agency to file within 15
days a statement of hearing costs, supported by affidavit, with
service on respondent.
7-0
AC 01-5
IEPA v. Billy Hammond, Sr. – No action taken.
AC 01-6
IEPA v. Jack Busby – No action taken.
AC 01-10
IEPA v. Environmental Reclamation Company d/b/a ERC Landfill
and Larry Shilling – The Board accepted an administrative citation
against these Coles County respondents.
Decisions
PCB 95-170
People of the State of Illinois v. Environmental Control and
Abatement, Inc. - In this air enforcement action concerning five
facilities located in Madison, Marion, Adams, and Champaign
Counties, Illinois, the Board found that respondent violated Section
9.1(d) of the Environmental Protection Act (415 ILCS 5/9.1(d)
(1998)) by failing to comply with Section 61.145(b) of the asbestos
National Emission Standard for Hazardous Air Pollutants 40
C.F.R. § 61.145(b) (1997) and ordered the respondent to pay a civil
penalty of $3,000.
7-0
A-E
3
PCB 97-101
People of the State of Illinois v. Louis Berkman Company – In this
air enforcement action concerning a facility located in Ogle
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 $50,000, and to
cease and desist from further violations.
7-0
A-E
PCB 97-135
People of the State of Illinois v. Champion Environmental
Services, Inc. – In this air enforcement action concerning ten
facilities located in 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
$25,000, and to cease and desist from further violations.
7-0
A-E
PCB 00-32
People of the State of Illinois v. Village of Maryville and Osborn
Homes, Inc. - In this public water supply enforcement action
concerning a facility located in Madison 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 between the People and the
Village of Maryville, ordered the respondent to pay a civil penalty
of $6,000, and to cease and desist from further violations. This
stipulation does not effect the still pending complaint against
Osborn Homes, Inc.
7-0
PWS-E
Motions and Other Matters
PCB 98-113
PCB 99-28
PCB 99-158
(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
4
PCB 98-169
Union Oil Company of California d/b/a Unocal v. Barge-Way Oil
Company, Inc., Joseph Kellogg, Nielsen’s Bargeway, and Robert
Nielsen – No action taken.
7-0
UST-E,
Citizens
PCB 99-108
PCB 99-130
(Cons.)
Waste Professionals, Inc. d/b/a Pekin Landfill v. IEPA – The
Board granted petitioner’s motion for voluntary dismissal of these
consolidated permit appeals involving a Tazewell County facility.
7-0
P-A, Land
PCB 99-122
Central C&D Recycling, Inc. v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this permit appeal
involving a St. Clair County facility.
7-0
P-A, Land
PCB 99-191
People of the State of Illinois v. Panhandle Eastern Pipeline
Company – No action taken.
7-0
A-E
PCB 00-86
People of the State of Illinois v. Rodgers Engineering 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 Kane and DuPage Counties, the Board ordered
publication of the required newspaper notice.
7-0
A-E
PCB 00-127
People of the State of Illinois v. Dayne Rogers and Black Gold
International – The Board granted complainant’s motion for
summary judgment and ordered respondent to reimburse the
Environmental Protection Agency $38,730.46 for corrective action
costs. The Board ordered that a hearing shall be held on whether,
and in what amount, punitive damage will be imposed.
7-0
L-E, Tires
PCB 00-187
Broderick Teaming Company v. IEPA – No action taken. UST-FRD
PCB 00-219
Stephen G. Brill v. Henry Latoria individually and d/b/a T.L.
Trucking Foodliner – The Board denied respondent’s motion for
summary judgment and ordered this matter to proceed to hearing.
7-0
A&N-E,
Citizens
5
PCB 01-25
Chrysler Realty Corporation v. Thomas Industries, Inc. and TDY
Industries, Inc. – No action taken.
7-0
UST-E,
Citizens
PCB 01-36
George McKissick 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.
7-0
UST-FRD
PCB 01-37
City of Elgin 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 Cook County
facility.
7-0
P-A
90-Day Ext.
PCB 01-38
Equilon Enterprises L.L.C. v. IEPA – The Board accepted for
hearing this permit appeal involving a Cook County facility.
7-0
P-A, Air
PCB 01-39
Lannis Walters d/b/a Fat Boy Pizza (Get & Go) v. IEPA – The
Board accepted for hearing this underground storage tank appeal
involving a Massac County facility.
7-0
UST-FRD
PCB 01-54
Richard G. Cotterman v. Jackson Farms – The Board found that
the City of Virden’s motion to dismiss and complainant’s objection
to the City of Virden’s motion to dismiss were moot because the
Board dismissed Virden from this matter in its order dated October
19, 2000.
7-0
A&N-E,
Citizens
PCB 01-55
CC Landfill, Inc. v. The Coles County Board – The Board denied
the Coles County Environmental Force’s petition to intervene.
7-0
P-C-F-S-R
PCB 01-60
Anthony J. Schlax v. Evanston Hospital – The Board found that the
alleged violations of Sections 23 and 24 of the Environmental
Protection Act (Act) (415 ILCS 5/23, 24 (1998)) and 35 Ill. Adm.
Code 900.102, 900.102(a), and 900.102(b) of the Board’s noise
rules were neither duplicitous nor frivolous. The Board accepted
those allegations involving a Cook County facility for hearing.
7-0
N-E,
Citizens
6
PCB 01-66
People of the State of Illinois v. Camelot Enterprises, Inc., Stephen
Einfeldt individually and as president of Camelot Enterprises, Inc.,
Ivan Johnson individually and as co-owner of Camelot Enterprises,
Inc. – The Board accepted for hearing this water enforcement
action against this Kankakee County facility.
7-0
W-E
PCB 01-67
County of Jasper for the Jasper County Highway Department 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
Jasper County facility.
7-0
UST-FRD
90-Day Ext.
PCB 01-68
Roger Stone v. IEPA and Naperville Park District – The Board
accepted for hearing this permit appeal involving a DuPage County
facility, granted petitioner’s motion to waive application of 35 Ill.
Adm. Code 105.102(b)(6), and respondent’s motion for extension
of time to respond to petitioner’s motion to stay the effects of the
permit, reserving ruling on the merits of the motion to stay.
7-0
P-A,
NPDES
PCB 01-69
Terminal Railroad Association v. IEPA – The Board granted this
request for a 90-day extension of time to file a permit appeal on
behalf of this St. Clair County facility.
7-0
P-A, RCRA
90-Day Ext.
PCB 01-70
Midwest Illinois Restaurant & Truck Plaza, Inc. v. IEPA – The
Board accepted for hearing this underground storage tank appeal
involving a Bond County facility.
7-0
UST-
Appeal
PCB 01-71
Wareco Service, Inc. v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Vermilion
County facility.
7-0
UST-FRD
PCB 01-72
Stepan Company v. IEPA – The Board granted this request for a
90-day extension of time to file an permit appeal on behalf of this
Will County facility.
7-0
P-A, Air
90-Day Ext.
7
PCB 01-73
A.E. Staley Manufacturing Company v. IEPA – The Board
accepted for hearing this permit appeal involving a Macon County
facility.
7-0
P-A, Air
PCB 01-74
Marathon Ashland Petroleum L.L.C. v. IEPA – The Board
accepted for hearing this request for variance involving a Crawford
County facility.
7-0
W-V
PCB 01-75
People of the State of Illinois v. Craig Yallaly and Susan Yallaly
d/b/a Courtesy Cleaners – The Board accepted for hearing this air
enforcement action against this Coles County facility.
7-0
A-E
CASES PENDING DECISION
R00-19(A)
In the Matter of: Proposed Amendments to Tiered Approach to
Corrective Action Objectives: 35 Ill. Adm. Code 742
(Environmental Land Use Control (ELUC) Rules: P.A. 91-909) –
Proposed Rule, Second Notice, Opinion and Order
R, Land
R01-8
In the Matter of: Amendments to Diesel Opacity Rules Required
by P.A. 91-254 and P.A. 91-865: Amendments to 35 Ill. Adm.
Code 240 – Proposed Rule, Second Notice, Opinion and Order
R, Air
R01-9
In the Matter of: Proposed New 35 Ill. Adm. Code 217.Subpart W,
The NOx Trading Program for Electrical Generating Units, and
Amendments to 35 Ill. Adm. Code 211 and 217 – Proposed Rule,
Second Notice, Opinion and Order
R, Air
AS 99-1
In the Matter of: Petition of the City of Belleville, Illinois for an
Adjusted Standard from 35 Ill. Adm. Code 306.305
Water
PCB 01-16
Ameren Energy Generating Company v. IEPA - (due 11/25)
W-V
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 16th day of November 2000 by a vote of 7-0.
8
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
