MAY 4, 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. The Chairman then thanked Cameron Kline for his valuable contributions to
the Board as public information officer, wishing him well in his new position.
ROLL CALL
The Clerk of the Board called the roll and all Board Members answered present.
APPROVAL OF MINUTES
Minutes of the April 20, 2000 meeting were approved by a vote of 5-0. Members Girard and
Kezelis abstained
RULEMAKINGS
R00-15
In the Matter of: Wastewater Pretreatment 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 wastewater
pretreatment regulations.
7-0
R, Water
ADJUSTED STANDARDS
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 entered an order directing petitioner to file its certificate
of publication of the notice of its filing of this petition for an
adjusted standard from the Resource Conservation and Recovery
Act by May 11, 2000, or this matter will be dismissed.
7-0
RCRA
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
ADMINISTRATIVE CITATIONS
AC 00-75
IEPA v. Wayne Williams and Zora Williams - The Board accepted
for hearing this petition for review of an administrative citation
against these Peoria County respondents.
7-0
AC 00-77
IEPA v. Otis Brymer - The Board accepted an administrative
citation against this Williamson County respondent.
AC 00-78
IEPA v. RCS, Inc. and Rickie Laird - The Board accepted an
administrative citation against these Jersey County respondents.
AC 00-79
IEPA v. John Appelt - The Board accepted an administrative
citation against this Carroll County respondent.
AC 00-80
IEPA v. Ken Edwards - The Board accepted an administrative
citation against this Macoupin County respondent.
ADJUDICATORY CASES
Decisions
PCB 00-166
People of the State of Illinois v. AutoResearch Laboratories, Inc. -
In this air enforcement action concerning two facilities located in
Cook 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 total
payment of $9,872.76. This payment includes a civil penalty of
$1,043.96 designated to the Environmental Protection Trust Fund;
the balance of the payment is designated to the Clean Air Act
Permit Fund. Respondent was also ordered to cease and desist
from further violations.
7-0
A-E
Motions and Other Matters
PCB 89-30
Olin Corporation v. IEPA - The Board granted the parties’ joint
motion for voluntary dismissal of this Resource Conservation and
Recovery Act permit appeal involving a Madison County facility.
7-0
P-A, RCRA
PCB 95-170
People of the State of Illinois v. Environmental Control and
Abatement, Inc. - In response to complainant’s motion for
reconsideration, the Board vacated the portion of the Board’s
February 17, 2000 order denying complainant’s motion for
summary judgment. On reconsideration, the Board granted
complainant’s motion for summary judgment with respect to
alleged violations of Section 61.145(b)(4)(v) and (vi) of the
National Emission Standards for Hazardous Air Pollutants
(NESHAP) for asbestos (40 C.F.R. 61.145 (b)(4)(v) (vi)) and
Section 9.1(d) of the Environmental Protection Act (415 ILCS
5/9.1(d) (1998)) in connection with the Urbana project of this
Madison County respondent. The Board reserved ruling on the
issue of an appropriate remedy pending a hearing on the alleged
violations not resolved in this order or the Board’s order of
February 17, 2000.
7-0
A-E
PCB 97-87
Commonwealth Edison Company v. IEPA - The Board granted
petitioner’s motion for voluntary dismissal of this permit appeal
involving a Will County facility.
7-0
P-A,
NPDES
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 97-234
Antonio D. H. Nam v. Kikon Suh - The Board entered an order
directing respondent to file proof of service of the third-party
complaint upon the potential third-party respondents pursuant to
Section 31 of the Act (415 ILCS 5/31 (1998) within 30 days, or the
pending motion to file the third-party complaint would be denied.
7-0
UST-E,
Citizens
PCB 98-59
The Town of Cicero v. National Jockey Club - The Board granted
complainant’s motion to clarify the Board’s March 16, 2000 order.
The Board found that was the third-party complainant’s action
against this Cook County respondent was moot and dismissed it
without prejudice.
7-0
RCRA-E
PCB 98-169
Union Oil Company of California d/b/a Unocal v. Barge-Way Oil
Company, Inc., Barge-Way Systems, Inc., Joseph Kellogg,
Nielsen’s Barge-Way, Robert Nielsen, Robert T. Atkins, and
Mobil Oil Company - No action taken.
UST-E
PCB 00-1
People of the State of Illinois v. Paul Bergmann d/b/a Paul
Bergmann Dairy Farm - 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 Clinton County, the Board ordered publication
of the required newspaper notice.
7-0
W-E
PCB 00-67
People of the State of Illinois v. American Disposal Company and
Consolidated Rail Corporation - No action taken.
RCRA-E
PCB 00-134
Schrock Cabinet Company v. IEPA - The Board granted
petitioner’s motion for voluntary dismissal of this permit appeal
involving a Douglas County facility.
7-0
P-A, Air
PCB 00-137
Berwyn Auto 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 Cook County facility.
7-0
UST-FRD
PCB 00-143
Curtis Masterson v. City of Fairfield - The Board entered an order
directing complainant to file proof of service of the complaint
upon the City of Fairfield pursuant to Section 31 of the Act (415
ILCS 5/31 (1998) within 30 days, or the complaint will be
dismissed.
7-0
A-E,
Citizens
PCB 00-153
Frank Gentile v. IEPA - No action taken. UST-
Appeal
PCB 00-154
Kathryn Cooper v. City of Fairfield - The Board entered an order
directing complainant to file proof of service of the complaint
upon the City of Fairfield pursuant to Section 31 of the Act (415
ILCS 5/31 (1998) within 30 days, or the complaint will be
dismissed.
7-0
A-E,
Citizens
PCB 00-155
Robert Lichtenberger and Wilma Lichtenberger v. City of Fairfield
The Board entered an order directing complainant to file proof of
service of the complaint upon the City of Fairfield pursuant to
Section 31 of the Act (415 ILCS 5/31 (1998) within 30 days, or the
complaint will be dismissed.
7-0
A-E,
Citizens
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
found that this complaint involving a Livingston
County facility was not duplicitous or frivolous, and accepted it for
hearing, but also stayed this matter until a final opinion and order
is entered in Pawlowski
et al
v. Johansen
et al
, PCB 99-82,
involving the same Livingston County facility.
7-0
N-E,
Citizens
PCB 00-158
ESG Watts, Inc. (Viola Landfill) v. IEPA - No action taken.
P-A, Land
PCB 00-159
ESG Watts, Inc. (Taylor Ridge/Andalusia Landfill) v. IEPA - No
action taken.
P-A, Land
PCB 00-160
ESG Watts, Inc. (Sangamon Valley Landfill) v. IEPA - No action
taken.
P-A. Land
PCB 00-163
David & Jacquelyn McDonough v. Gary Robke - The Board
found
that this complaint involving a Clinton County facility was not
duplicitous or frivolous and accepted it for hearing.
7-0
N-E,
Citizens
PCB 00-174
Standard Bank & Trust Company as Trustee and Derk Ball, Sr. v.
IEPA - The Board granted respondent’s motion to dismiss this
underground storage tank appeal involving a Cook County facility.
7-0
UST-FRD
PCB 00-176
People of the State of Illinois v. City of Auburn, Benton &
Associates Engineering, Inc., and Petersburg Plumbing and
Heating - The Board accepted for hearing this public water supply
enforcement action against this Sangamon County facility.
7-0
PWS-E
PCB 00-177
Michael D. Logsdon, Darrell E. Mann, Kathy Mann, Russell
Spillman, Marilyn Spillman, Rita Martin, A. Abbott, Kathy
Abbott, Diana Collins, Dave Collins v. South Fork Gun Club - The
Board held for a later duplicitous/frivolous determination this
citizen noise enforcement action involving a Christian County
facility.
N-E,
Citizens
PCB 00-178
People of the State of Illinois v. Tom Fato d/b/a Fato Fiberglass -
The Board accepted for hearing this air enforcement action against
this Kankakee County facility.
A-E
PCB 00-179
City of Springfield, Illinois v. IEPA - The Board held this request
for a water variance on behalf of a Sangamon County facility
pending receipt of the Illinois Environmental Protection Agency
recommendation.
W-V
ADJOURNMENT
Moved and seconded, by a vote of 7-0
,
Chairman Manning adjourned the meeting at 11:00 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the
above minutes were approved this 18th day of May 2000 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
