April 6, 2000 CHICAGO OFFICE
CONFERENCE ROOM 9-040
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 Clerk of the Board called the roll. All Board Members were present.
APPROVAL OF MINUTES
Minutes of the March 16, 2000 meeting were approved by a vote of 6-0. Board Member Girard
abstained.
ADJUSTED STANDARDS
AS 00-6
In the Matter of: Petition of Ford Motor Company (Chicago
Assembly Plant) for an Adjusted Standard from 35 Ill. Adm. Code
218.986 - The Board granted this Cook County facility an adjusted
standard, subject to conditions, from the volatile organic material
emission control requirements found at 35 Ill. Adm. Code 218.986.
7-0
Air
AS 00-11
In the Matter of: Petition of BEMA Film Systems, Inc. for an
Adjusted Standard from 35 Ill. Adm. Code Sections 218.401(a), (b)
and (c)(“Flexographic Printing Rule”) - The Board accepted for
hearing this request for an adjusted standard from the volatile
organic material emission control requirements found at 35 Ill.
Adm. Code 218.401(a), (b), and (c), on behalf of a DuPage County
facility.
7-0
Air
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
AS 00-12
In the Matter of: Petition of VONCO Products, Inc. for an
Adjusted Standard from 35 Ill. Adm. Code Sections 218.401(a),(b)
and (c)(the “Flexographic Printing Rule”) - The Board accepted for
hearing this request for an adjusted standard from the volatile
organic material emission control requirements found at 35 Ill.
Adm. Code 218.401(a), (b), and (c), on behalf of a Lake County
facility.
7-0
Air
AS 00-13
In the Matter of: Petition of Formel Industries, Inc. for an
Adjusted Standard from 35 Ill. Adm. Code Sections 218.401(a),(b )
and (c)(the “Flexographic Printing Rule”) - The Board accepted for
hearing this request for an adjusted standard from the volatile
organic material emission control requirements found at 35 Ill.
Adm. Code 218.401(a), (b), and (c), on behalf of a Cook County
facility.
7-0
Air
AS 00-14
In the Matter of: Petition of Heritage Environmental Services, Inc.
for an Adjusted Standard from 35 Ill. Adm. Code 702.126(d)(1) -
The Board held this matter pending receipt of the certificate of
publication in this petition for an adjusted standard from the
Resource Conservation and Recovery Act certification
requirements found at 35 Ill. Adm. Code 702.126(d)(1), on behalf
of a Lake County facility.
RCRA
ADMINISTRATIVE CITATIONS
AC 00-70
IEPA v. American Disposal Services of Illinois, Inc. and Dave
Bryant- The Board found that these Livingston County respondents
violated Section 21(o)(5) of the Act (415 ILCS 5/21(o)(5) (1998)),
and ordered respondents to pay a civil penalty of $500.
7-0
AC 00-71
IEPA v. Opal Bresnahan - The Board accepted an administrative
citation against this Warren County respondent.
AC 00-73
IEPA v. Landfill 33, Ltd., and Richard Deibel - The Board
accepted an administrative citation against these Effingham County
respondents.
AC 00-74
IEPA v. William J. Heap and H&G Construction, Inc. - The Board
accepted an administrative citation against these McDonough
County respondents.
AC 00-75
IEPA v. Wayne Williams and Zora Williams - The Board accepted
an administrative citation against these Peoria County respondents.
ADJUDICATORY CASES
Decisions
PCB 95-163
People of the State of Illinois v. Clark Refining & Marketing, Inc. -
In this air, water, and Resource Conservation and Recovery Act
enforcement action concerning a facility located in Madison
County, Illinois, 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 final stipulation and
settlement agreement, and ordered the respondent to pay a civil
penalty of $37,500, and to cease and desist from further violations.
7-0
A,W &
RCRA - E
PCB 96-240
People of the State of Illinois v. Rogers O’Hare Motor Terminal
Limited and Carolina Freight Carriers Corporation - In this water
and underground storage tank enforcement action concerning a
facility located in Jefferson County, Illinois, 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, and ordered the
respondents to pay a civil penalty of $17,500, and to cease and
desist from further violations.
7-0
W&UST-E
PCB 99-82
Michael Pawlowski and Diane K. Pawlowski v. David Johansen
and Troy Quinley, individually and d/b/a Benchwarmers Pub, Inc.
- The Board found that these respondents violated Section 24 of the
Environmental Protection Act (415 ILCS 5/24 (1998)) and 35 Ill.
Adm. Code 900.102 of the Board’s noise pollution control
regulations. Respondents were ordered to submit a report prepared
by a qualified acoustical consultant detailing sound control
methods that can be implemented to alleviate the sound levels and
vibrations reaching complainants’ residence by June 5, 2000.
7-0
N-E,
Citizens
Provisional Variances
PCB 00-170
City of Rock Island v. IEPA - Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board
granted this Rock Island County facility a 45-day provisional
variance, subject to conditions, from the effluent limits set forth in
35 Ill. Adm. Code 304.120 and 304.141(a), and National Pollutant
Discharge Elimination System Permit Number IL0030783.
7-0
W-V
Motions and Other Matters
PCB 94-176
ESG Watts, Inc. v. IEPA - No action taken.
P-A, Land
PCB 96-119
People of the State of Illinois v. We Shred It, Inc. - No action
taken.
L-E
PCB 96-146
Heritage Environmental Services, Inc. v. IEPA - The Board
granted respondent’s motion to dismiss this RCRA permit appeal
involving a Cook County facility, and directed the respondent to
strike Special conditions (B)(10) and (B)(11) and Attachments 1, 2,
& 3 of Section VI (Special Conditions) of petitioner’s Resource
Conservation and Recovery Act (RCRA) Part B Permit.
7-0
P-A, RCRA
PCB 97-103
People of the State of Illinois v. State Oil Company, William
Anest, an individual f/d/b/a S&S Petroleum Products, Peter Anest,
an individual f/d/b/a S&S Petroleum Products, Charles Abraham,
an individual, Josephine Abraham, an individual, and Milstream
Service, Inc. - No action taken.
L&W-E
PCB 98-59
The Town of Cicero v. National Jockey Club - No action taken.
RCRA-E
PCB 99-69
Land and Lakes Company v. Randolph County Board of
Commissioners - The Board denied both parties’ motions for
summary judgment and directed that this matter proceed to
hearing.
6-1
McFawn
dissented
P-C-F-S-R
PCB 00-102
People of the State of Illinois v. Babson Brothers Company - No
action taken.
L-E, Tires
PCB 00-115
People of the State of Illinois v. Yetter Manufacturing Company,
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 McDonough County, the Board ordered publication of
the required newspaper notice.
7-0
A-E
PCB 00-120
Wholesale Oil Company (Belmont) v. IEPA - The Board dismissed
this underground storage tank appeal for petitioner’s failure to
timely file an amended petition, as ordered on February 3, 2000,
and dismissed respondent’s motion to dismiss as moot.
6-0
Melas
abstained
UST-FRD
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 00-128
Apple Chevrolet 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 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 00-136
People of the State of Illinois v. Sullivan Marina and Campground,
L.L.C. - 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 involving a facility
located in Moultrie County, the Board ordered publication of the
required newspaper notice.
7-0
W-E
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
PCB 00-143
Curtis Masterson v. City of Fairfield - The Board held for a later
duplicitous/frivolous determination this citizen air enforcement
action involving a Wayne County facility.
A-E,
Citizens
PCB 00-148
Wayne and Sonja Hall v. Richard L. Miller and Mary J. Miller
d/b/a R&M Metals - The Board held for a later
duplicitous/frivolous determination this citizen noise enforcement
action involving a Douglas County facility.
N-E,
Citizens
PCB 00-153
Frank Gentile v. IEPA - No action taken. UST-
Appeal
90-Day Ext.
PCB 00-154
Kathryn Cooper v. City of Fairfield - The Board held for a later
duplicitous/frivolous determination this citizen air enforcement
action involving a Wayne County facility.
A-E,
Citizens
PCB 00-155
Robert Lichtenberger and Wilma Lichtenberger v. City of Fairfield
- The Board held for a later duplicitous/frivolous determination
this citizen air enforcement action involving a Wayne County
facility.
A-E,
Citizens
PCB 00-156
People of the State of Illinois v. Kenneth Minor and Keith Minor,
individually and d/b/a Motorsport Park, and Moto Sports, Inc. -
The Board accepted for hearing this water enforcement action
against this Will County facility.
7-0
W-E
PCB 00-157
Michael R. Pawlowski and Diane K. Pawlowski v. Dave Johansen,
a/k/a David Johansen, Troy Quinley, and Benchwarmers Pub, Inc.
- The Board held for a later duplicitous/frivolous determination
this citizen noise enforcement action involving a Livingston
County facility.
N-E,
Citizens
PCB 00-158
ESG Watts, Inc. (Viola Landfill) v. IEPA - The Board accepted for
hearing this permit appeal involving a Mercer County facility.
7-0
P-A, Land
PCB 00-159
ESG Watts, Inc. (Taylor Ridge/Andalusia Landfill) v. IEPA - The
Board accepted for hearing this permit appeal involving a Rock
Island County facility.
7-0
P-A, Land
PCB 00-160
ESG Watts, Inc. (Sangamon Valley Landfill) v. IEPA - The Board
accepted for hearing this permit appeal involving a Sangamon
County facility.
7-0
P-A, Land
PCB 00-161
People of the State of Illinois v. Home State Bank, N.A., as Trustee
of Trust No. 1466 and Ethyl A. Veugeler as the Beneficiary of
Trust No. 1466 - The Board accepted for hearing this land
enforcement action against this McHenry County facility.
7-0
L-E
PCB 00-162
1625 Waukegan Limited Partnership v. IEPA - The Board granted
this request for a 90-day extension of time to file a site remediation
program appeal on behalf of this Cook County facility.
7-0
SRP-Appeal
90-Day Ext.
PCB 00-163
David & Jacquelym McDonough v. Gary Robke - The Board held
for a later duplicitous/frivolous determination this citizen noise
enforcement action involving a Clinton County facility.
N-E,
Citizens
PCB 00-164
Kenneth R. Boster v. City of Fairfield - The Board held for a later
duplicitous/frivolous determination this citizen air enforcement
action involving a Wayne County facility.
A-E,
Citizens
PCB 00-165
People of the State of Illinois v. David Cohen, d/b/a Dave’s Auto
Repair and Service - The Board accepted for hearing this
underground storage tank enforcement action against this Lake
County facility.
7-0
UST-E
PCB 00-166
People of the State of Illinois v. AutoResearch Laboratories, 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 Cook County, the Board ordered publication of the
required newspaper notice.
7-0
A-E
PCB 00-167
Bond County Community School District 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 Bond County
facility.
7-0
UST-FRD
90-Day Ext.
PCB 00-168
Interstate Brands Corporation 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 Sangamon County facility.
7-0
UST-FRD
90-Day Ext.
PCB 00-169
Estate of Robert Behrends 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 Logan County facility.
7-0
UST-
Appeal
90-Day Ext.
ADJOURNMENT
Moved and seconded, by a vote of 7-0
,
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 20th day of April 2000 by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
