FEBRUARY 17, 2000 SPRINGFIELD OFFICE
600 South Second Street - Suite 403
Hearing Room
10:30 A.M.
ANNOUNCEMENTS
After calling the meeting to order, Chairman Manning welcomed members of the public and
staff to the meeting.
ROLL CALL
The Administrative Assistant to the Chairman called the roll. All Board Members were present.
APPROVAL OF MINUTES
Minutes of the February 3, 2000 meeting were approved by a vote of 5-0, Board Member Flemal
abstained.
RULEMAKINGS
R00-9
In the Matter of: Definition of VOM Update, USEPA
Amendments (July 1, 1999 through December 31, 1999) - The
Board dismissed this reserved identical-in-substance docket
because the United States Environmental Protection Agency did
not amend its exemptions from the definition of volatile organic
material regulations during the update period of July 1, 1999,
through December 31, 1999.
6-0
R, Air
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
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 dismissed this reserved identical-
in-substance docket because the United States Environmental
Protection Agency did not amend its non-hazardous waste
regulations during the update period of July 1, 1999, through
December 31, 1999.
6-0
R, Land
R00-14
In the Matter of: UST Update, USEPA Amendments (July 1, 1999
through December 31, 199) - The Board dismissed this reserved
identical-in-substance docket because the United States
Environmental Protection Agency did not amend its underground
storage tank regulations during the update period of July 1, 1999,
through December 31, 1999.
6-0
R, Land
R00-17
In the Matter of: Amendments to 35 Ill. Adm. Code Part 617,
Regulated Recharge Area for Pleasant Valley Public Water
District- No action taken.
R, PWS
ADJUSTED STANDARDS
AS 00-2
In the Matter of: Petition of Horsehead Resource and
Development Company, Inc. for an Adjusted Standard Under 35
Ill. Adm. Code 720.131(c) - The Board granted this Cook County
facility an adjusted standard from the definition of solid waste,
pursuant to 35 Ill Adm. Code 720.131(c), subject to conditions.
6-0
RCRA
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 granted petitioner’s
motion for voluntary dismissal of this request for an adjusted
standard involving a Lake County facility.
6-0
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 granted
petitioner’s motion for voluntary dismissal of this request for an
adjusted standard involving a DuPage County facility.
6-0
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 granted
petitioner’s motion for voluntary dismissal of this request for an
adjusted standard involving a Cook County facility.
6-0
Air
ADMINISTRATIVE CITATIONS
AC 00-20
County of Will v. Dorothy V. Fisch - The Board granted
complainant’s motion for voluntary dismissal of this administrative
citation action involving a Will County facility.
6-0
AC 00-33
County of Sangamon v. American Tree Service, Roy F. Throop -
No action taken.
AC 00-58
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.
6-0
AC 00-63
County of Vermilion v. Illinois Landfill, Inc. - The Board found
that this Vermilion County respondent violated Section
21(o)(12)
of the Act (415 ILCS 5/21(o)(12) (1998)), and ordered respondent
to pay a civil penalty of $500.
6-0
AC 00-68
Will County v. Oscar Smith - The Board accepted an
administrative citation against this Will County respondent.
AC 00-69
IEPA v. Raymond Pollock - The Board accepted an administrative
citation against this Douglas 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. - 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 Knox County, Illinois, ordered the
respondent to pay a civil penalty of $173,000, and to cease and
desist from further violations.
6-0
RCRA-E
PCB 99-98
Kendall-Grundy FS, Inc. 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
PCB 99-111
People of the State of Illinois v. Gerry Rich d/b/a Rich Pork Farm -
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
water enforcement action concerning a facility located in Tazewell
County, Illinois, ordered the respondent to pay a civil penalty of
$5,000, and to cease and desist from further violations.
6-0
W-E
PCB 00-54
The C.P. Hall Company v. IEPA - The Board granted this Cook
County facility a variance from the air pollution control regulations
found at 35 Ill. Adm. Code 218.501(a) and 281.504(d)(1), (2),
subject to conditions.
6-0
A-V
Motions and Other Matters
PCB 95-109
ESG Watts, Inc. v. IEPA - No action taken.
P-A, Land
PCB 95-110
ESG Watts, Inc. v. IEPA - No action taken.
P-A, Land
PCB 95-126
Excel Corporation v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of this permit appeal involving a
Cass County facility.
6-0
P-A, Water
PCB 95-170
People of the State of Illinois v. Environmental Control and
Abatement, Inc. - The Board granted both complainant’s and
respondent’s motions for summary judgment in part and sent this
air enforcement action to hearing to settle any unresolved issues
still pending.
6-0
A-E
PCB 96-209
People of the State of Illinois v. Macon County Landfill
Corporation - Upon receipt of a proposed stipulation and
settlement agreement and an agreed motion to request relief from
the hearing requirement in this land enforcement action involving a
facility located in Macon County, the Board ordered publication of
the required newspaper notice.
6-0
L-E
PCB 98-10
The Village of Niles v. Mobil Oil Corporation - The Board granted
complainant’s motion for voluntary dismissal of this underground
storage tank enforcement action involving a Cook County facility.
6-0
UST-E,
Citizens
PCB 99-69
Land and Lakes Company v. Randolph County Board of
Commissioners - No action taken.
P-C-F-S-R
PCB 99-152
People of the State of Illinois v. Eagle-Picher Industries - No
action taken.
A-E
PCB 00-38
John Johnson Landscaping, Inc. v. IEPA - The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Cook County facility.
6-0
UST-FRD
PCB 00-57
People of the State of Illinois v. J&J Services, 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 involving a facility located in Jefferson
County, the Board ordered publication of the required newspaper
notice.
6-0
A-E
PCB 00-92
Colony of Longmeadow HOA v. Dominick’s (Mundelein Facility)
- No action taken.
N-E,
Citizens
PCB 00-94
Linneman Oil Company v. IEPA - The Board accepted for hearing
this underground storage tank appeal involving a Monroe County
facility.
6-0
UST-FRD
PCB 00-95
Champion Gas & Oil 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 Sangamon County facility.
6-0
UST-
Appeal
PCB 00-96
Duck’s Tire Service 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
Fulton County facility.
6-0
UST-FRD
PCB 00-97
People of the State of Illinois v. Southern Mold, 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 involving a facility located in Williamson
County, the Board ordered publication of the required newspaper
notice.
6-0
A-E
PCB 00-114
Three County Public Water District v. IEPA - The Board accepted
petitioner’s amended petition and granted the motion for expedited
decision consistent with the Board’s resources and decision
deadlines.
5-1
McFawn
dissented
PWS-V
PCB 00-132
People of the State of Illinois v. Illinois Industrial Plating - The
Board accepted for hearing this air enforcement action against this
Peoria County facility.
6-0
A-E
PCB 00-133
John M. Giertych, Oak Ridge Property Owners v. Tyson
Corporation - The Board held for a later duplicitous/frivolous
determination this citizens’ noise enforcement action involving a
Kankakee County facility.
N-E,
Citizens
PCB 00-134
Schrock Cabinet Company v. IEPA - The Board accepted for
hearing this permit appeal involving a Douglas County facility.
6-0
P-A, Air
PCB 00-135
People of the State of Illinois v. Berge Plating Works, Inc. - The
Board accepted for hearing this air enforcement action against this
Rock Island County facility.
6-0
A-E
PCB 00-136
People of the State of Illinois v. Sullivan Marina and Campground
L.L.C. - The Board accepted for hearing this water enforcement
action against this Moultrie County facility.
6-0
W-E
CASES PENDING DECISION
R00-13
In the Matter of: RCRA Subtitle C Hazardous Waste Update,
USEPA Amendments (July 1, 1999 through December 31, 1999) -
Proposal for Public Comment, Proposed Opinion and Order
Kezelis
R, Land
ADJOURNMENT
Moved and seconded, by a vote of 6-0
,
Chairman Manning adjourned the meeting at 11:05 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the
above minutes were approved this 2nd day of March 2000 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
