MARCH 2, 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 17, 2000 meeting were approved by a vote of 6-0.
RULEMAKINGS
R00-13
In the Matter of: RCRA Subtitle C Hazardous Waste Update,
USEPA Amendments (July 1, 1999 through December 31, 1999) -
The Board adopted a proposal for public comment in this
“identical-in-substance” rulemaking to amend the Board’s
hazardous waste regulations.
6-0
R, Land
R00-17
In the Matter of: Amendments to 35 Ill. Adm. Code Part 617,
Regulated Recharge Area for Pleasant Valley Water District - The
Board accepted for hearing the Illinois Environmental Protection
Agency’s February 14, 2000 proposal to amend the Board’s public
water supply regulations.
6-0
R, PWS
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
ADJUSTED STANDARDS
AS 96-10
In the Matter of Petition of Commonwealth Edison Company for
an Adjusted Standard from 35 Ill. Adm. Code 302.211(d) and (e) -
No action taken.
Water
ADMINISTRATIVE CITATIONS
AC 00-3
et al.
(Cons.)
AC 00-64
AC 00-65
AC 00-66
County of Sangamon v. ESG Watts, Inc. - The Board accepted for
hearing the three most recently-filed petitions against ESG Watts,
Inc., those filed in AC 00-64, 65, and 66 for hearing, and
consolidated them with the 34 earlier-filed petitions for review
previously accepted by the Board for hearing.
6-0
AC 00-33
County of Sangamon v. American Tree Service, Roy F. Throop -
No action taken.
AC 00-62
Wayne County Health Department v. John Heern - The Board
found that this Wayne County respondent violated Section 21(p)(1)
of the Act (415 ILCS 5/21(p)(1) (1998)), and ordered respondent to
pay a civil penalty of $500.
6-0
AC 00-69
IEPA v. Raymond Pollock - The Board accepted for hearing this
petition for review of an administrative citation against this
Douglas
County respondent.
6-0
AC 00-70
IEPA v. American Disposal Services of Illinois, Inc. and Dave
Bryant - The Board accepted an administrative citation against
these Livingston County respondents.
ADJUDICATORY CASES
Decisions
PCB 96-261
People of the State of Illinois v. G.M. Demolition Corporation -
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 asbestos demolition and renovation
activity performed at various sites in Cook and Kankakee
Counties, ordered the respondent to pay a civil penalty of $8,000,
and to cease and desist from further violations.
6-0
A-E
PCB 98-114
David Mulvain v. Village of Durand - The Board found that
respondent violated Sections 12(a) and (f) of the Act (415 ILCS
5/21(a), 21(f) (1998)) and 35 Ill. Adm. Code 306.303 and 306.304,
found that a civil penalty was not necessary, and directed
respondent to cease and desist from further violations.
6-0
W-E,
Citizens
PCB 00-25
KRKH, Inc. v. IEPA, Studio 21 Limited, Joe and Theresa Sclafini,
and Midwest Bank and Trust As Trustee Under Trust No. 74-11-
1383 - The Board granted this DuPage County facility an
exception to the prohibition of siting a new potential source within
the setback zone of a potable water supply well, pursuant to
Section 14.2(c) of the Environmental Protection Act (415 ILCS
5/14.2(c) (1998)), subject to conditions.
5-0
Melas
abstained
WWS
PCB 00-68
Village of White City v. IEPA - The Board granted this Macoupin
County facility a variance from the public water supply regulations
found at 35 Ill. Adm. Code 602.105(a) and 602.106(a), subject to
conditions.
6-0
PWS-V
PCB 00-114
Three County Public Water District v. IEPA - The Board granted
this Madison County facility a variance from the public water
supply regulations found at 35 Ill. Adm. Code 602.105(a) and
602.106(a), subject to conditions.
6-0
PWS-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 96-209
People of the State of Illinois v. Macon County Landfill
Corporation - Upon receipt of three separate citizens’ request for
hearing, the Board denied the request for relief from the hearing
requirement of Section 31(c)(2) of the Environmental Protection
Act (415 ILCS 5/31(c)(2) (1998)), and ordered this land
enforcement action to proceed to hearing.
6-0
L-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 denied complainants’ motions to vacate the
Board’s January 6, 2000 order and for a rehearing.
6-0
A-E,
Citizens
PCB 97-75
People of the State of Illinois v. John Jankowski - The Board
granted complainant’s motion for voluntary dismissal of this land
enforcement action involving a Lake County facility.
6-0
L-E
PCB 97-103
People of the State of Illinois v. State Oil Company, William
Anest, f/d/b/a S&S Petroleum Products, Peter Anest, f/d/b/a S&S
Petroleum Products, Charles Abraham, Josephine Abraham, and
Milstream Service, Inc. - No action taken.
L&W-E
PCB 98-59
Morton College Board of Trustees of Illinois Community College
District No. 527 v. Town of Cicero - The Board granted
complainant’s motion to voluntarily dismiss its complaint and
directed the third-party complainant to show why the third-party
complaint should not be dismissed as moot by March 9, 2000.
6-0
RCRA-E,
Citizens
PCB 98-149
North Shore Sanitary District v. IEPA - The Board granted
petitioner’s motion for voluntary dismissal of this permit appeal
involving a Lake County facility.
6-0
P-A, Land
PCB 99-69
Land and Lakes Company v. Randolph County Board of
Commissioners - No action taken.
Girard
P-C-F-S-R
PCB 99-152
People of the State of Illinois v. Eagle-Picher Industries - The
Board granted complainant’s first amended motion to correct
misnomer and to amend the complaint and to file a first amended
complaint.
6-0
A-E
PCB 00-73
City of Rock Island v. IEPA - No action taken. P-A,
NPDES
PCB 00-92
Colony of Longmeadow HOA v. Dominick’s (Mundelein Facility)
- The Board granted the motion for leave to file an amended formal
complaint adding respondents and accepted the amended complaint
filed in response to the Board’s January 6, 2000 order.
6-0
N-E,
Citizens
PCB 00-127
People of the State of Illinois v. Dayne Rogers, an individual,
Black Gold International, and Crosby & Associates, P.C. - No
action taken.
L-E, Tires
PCB 00-133
John M. Giertych, Oak Ridge Property Owners v. Tyson
Corporation - The Board held for a later duplicitous/frivolous
determination this citizen noise enforcement action involving a
Kankakee County facility.
N-E,
Citizens
PCB 00-137
Berwyn Auto Service 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 Cook County facility.
6-0
UST-FRD
90-Day Ext.
PCB 00-138
Granite City Sheet Metal 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 Madison
County facility.
6-0
UST-FRD
90-Day Ext.
PCB 00-139
L. Wolf Company 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 Madison
County facility.
6-0
UST-FRD
90-Day Ext.
PCB 00-140
Gladys L. Knox and David A. Knox v. Turris Coal Company and
AEI Resources, Inc. - The Board held for a later
duplicitous/frivolous determination this citizen noise enforcement
action involving a Sangamon County facility.
N-E,
Citizens
ADJOURNMENT
Moved and seconded, by a vote of 6-0
,
Chairman Manning adjourned the meeting at 11:00 a.m.
to an Executive Session.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the
above minutes were approved this 16th day of March 2000 by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
