JUNE 8, 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. Chairman Manning then introduced and welcomed new staff members,
Alisa Liu, Brad Halloran, and Stacy Meyers.
ROLL CALL
The Clerk of the Board called the roll and all Board Members answered present.
APPROVAL OF MINUTES
Minutes of the May 18, 2000 meeting were approved by a vote of 6-0. Member Girard abstained
RULEMAKINGS
R00-10
In the Matter of: SDWA 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 public water supply regulations.
7-0
R, PWS
R00-16
In the Matter of: Vehicle Scrappage Activities, Adoption of 35 Ill.
Adm. Code 207 - The Board adopted a final opinion and order in
this rulemaking to amend the Board’s air pollution control
regulations.
7-0
R, Air
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
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 dismissing 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) as a result of petitioner’s failure to file the certificate
of publication within fourteen days as required by Section
28.1(d)(1) of the Environmental Protection Act (Act).
7-0
RCRA
AS 00-15
In the Matter of: Petition of Heritage Environmental Services, Inc.
for an Adjusted Standard from 35 Ill. Adm. Code 702.126(d)(1) -
Pending receipt of the certificate of publication, the Board held this
Cook County facility’s petition for an adjusted standard from the
Resource Conservation and Recovery Act certification
requirements found at 35 Ill. Adm. Code 702.126(d)(1).
RCRA
ADMINISTRATIVE CITATIONS
AC 00-73
IEPA v. Landfill 33, Ltd. and Richard Deibel - The Board on its
own motion entered an order which corrected the Board order
entered on May 18, 2000. The statutory penalty amount for
violating Sections 21(o)(5) and 21(o)(12) of the Act (415 ILCS
5/21(o)(5), 21(o)(12) (1998)) was corrected to $500 per violation,
and respondents were ordered to pay a total civil penalty of $1,000.
7-0
AC 00-76
IEPA v. Knox County Landfill Committee d/b/a Knox County
Landfill #3 and Thomas D. Wagher - The Board granted
complainant’s motion for default and found that these Knox
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 00-77
IEPA v. Otis Brymer - The Board found that this Williamson
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
$1,500.
7-0
AC 00-78
IEPA v. RCS, Inc. and Rickie Laird - The Board accepted for
hearing this petition for review of an administrative citation against
these Jersey County respondents.
7-0
AC 00-79
IEPA v. John Appelt - The Board found that this Carroll 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
$1,500.
7-0
AC 00-81
IEPA v. Jesse Lockhart - No action taken.
AC 00-82
Ogle County v. Leonard Hagemann - The Board accepted an
administrative citation against this Ogle County respondent.
AC 00-83
Ogle County v. Jeff and Stella Allen - The Board accepted an
administrative citation against these Ogle County respondents.
ADJUDICATORY CASES
Decisions
PCB 97-121
Matteson WHP Partnership v. James W. Martin and Eva D. Martin,
individually and d/b/a Martin’s of Matteson - No action taken.
RCRA-E,
Citizens
PCB 98-144
People of the State of Illinois v. Edward Van Der Molen and Peter
Barton d/b/a Shadow Lakes Resort - No action taken.
W-E
PCB 99-152
People of the State of Illinois v. Eagle-Picher Industries, Inc. - In
this air enforcement action concerning a facility located in Edgar
County, Illinois, the Board granted relief from the hearing
requirement of Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2)
(1998)), accepted a final stipulation and settlement agreement,
ordered the respondent to pay a civil penalty of $66,944.50, and
ordered respondent to cease and desist from further violations.
7-0
A-E
PCB 00-179
City of Springfield, Illinois v. IEPA - The Board granted this
Sangamon County petitioner a variance from the water pollution
control regulations found at 35 Ill. Adm. Code 302.206 as it relates
to dissolved oxygen in the Sangamon River, subject to conditions.
7-0
W-V
Provisional Variances
PCB 00-213
Exxon Mobil Corporation v. IEPA - Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board
granted a one-day provisional variance to this Will County facility
from the 90-day limitation on the accumulation of hazardous
wastes, as set forth in 35 Ill. Adm. Code 722.134(b).
7-0
L-V
PCB 00-215
City of Belvidere v. IEPA - Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board
granted this Boone County petitioner a 45-day provisional
variance, subject to conditions, from the five-day biochemical
oxygen demand and suspended solids limits set forth in 35 Ill.
Adm. Code 304.120(c) and 304.141(a).
7-0
W-V
PCB 00-216
City of Carlyle v. IEPA - Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board
granted this Clinton County petitioner a 45-day provisional
variance, subject to conditions, from the five-day carbonaceous
biochemical oxygen demand
and total suspended solids limits set
forth in 35 Ill. Adm. Code 304.120(a) and 304.141(a).
7-0
W-V
Motions and Other Matters
PCB 97-234
Antonio D. H. Nam v. Kikon Suh - The Board denied respondent’s
motion to file a third-party complaint for failure to file proof of
service as ordered in the Board’s order dated May 4, 2000.
7-0
UST-E,
Citizens
PCB 98-95
People of the State of Illinois v. Meyer Steel Drum, Inc. - No
action taken.
A-E
PCB 98-145
People of the State of Illinois v. Bodine Electric Company - 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 99-75
General Electric Company v. IEPA - The Board granted
petitioner’s motion for voluntary dismissal of this permit appeal
involving a LaSalle County facility.
7-0
P-A, Air
PCB 99-82
Michael R. Pawlowski and Diane K. Pawlowski v. David Johansen
and Troy Quinley, individually and d/b/a Benchwarmers Pub, Inc.
- No action taken.
N-E,
Citizens
PCB 00-124
Agrium U.S. Inc. v. IEPA - The Board granted petitioner’s motion
for voluntary dismissal of this petition for a public water supply
variance involving a Marshall County facility.
7-0
PWS-V
PCB 00-141
E.G. Vogt Oil Company v. IEPA - The Board accepted for hearing
this underground storage tank appeal involving a Madison County
facility
7-0
UST-FRD
PCB 00-143
Curtis Masterson v. City of Fairfield - The Board on its on motion
consolidated this action with PCB 00-164 Boster v. City of
Fairfield, found that this complaint involving a Wayne County
facility was not duplicitous or frivolous, and accepted it for
hearing.
7-0
A-E,
Citizens
PCB 00-153
Frank Gentile v. IEPA - The Board entered an order dismissing
this matter for petitioner’s failure to file an amended petition
within thirty days as ordered by the Board’s order issued on April
20, 2000.
7-0
UST-
Appeal
PCB 00-154
Kathryn Cooper v. City of Fairfield - The Board entered an order
dismissing this matter for complainant’s failure to file proof of
service of the complaint upon respondent pursuant to Section 31 of
the Act (415 ILCS 5/31 (1998)) within thirty days as ordered by
the Board’s order issued on May 4, 2000.
7-0
A-E,
Citizens
PCB 00-155
Robert Lichtenberger and Wilma Lichtenberger v. City of Fairfield
- The Board entered an order dismissing this matter for
complainants’ failure to file proof of service of the complaint upon
respondent pursuant to Section 31 of the Act (415 ILCS 5/31
(1998)) within thirty days as ordered by the Board’s order issued
on May 4, 2000.
7-0
A-E,
Citizens
PCB 00-162
1625 Waukegan Limited Partnership v. IEPA - Having previously
granted a request for a 90-day extension, the Board dismissed this
matter because no site remediation program appeal was timely
filed on behalf of this Cook County facility.
7-0
SRP-Appeal
PCB 00-169
Estate of Robert Behrends 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 Logan County facility.
7-0
UST-
Appeal
PCB 00-173
7361-63 West North Avenue Building Partnership 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 00-177
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 - No
action taken.
N-E,
Citizens
PCB 00-181
MDI Limited Partnership #42 v. Regional Board of Trustees for
Boone and Winnebago Counties, and Board of Education of
Belvidere District 100 - The Board held for a later
duplicitous/frivolous determination this citizen underground
storage tank enforcement action involving a Boone County facility.
UST-E,
Citizens
PCB 00-194
Bulkoa, Inc. 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.
7-0
UST-
Appeal
90-Day Ext.
PCB 00-195
Blake Oil 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 Ogle County facility.
7-0
UST-
Appeal
90-Day Ext.
PCB 00-196
Go-Tane Service Stations, Inc. v. IEPA - The Board accepted for
hearing this underground storage tank appeal involving a Cook
County facility.
7-0
UST-FRD
PCB 00-197
Centerpoint Properties Trust v. IEPA - The Board granted this
request for a 90-day extension of time to file a permit appeal on
behalf of this DuPage County facility.
6-0
Lawton, Jr.
abstained
P-A, RCRA
90-Day Ext.
PCB 00-198
Merrill’s Contractors, Inc. v. IEPA - The Board dismissed this
petitioner’s request for a 90-day extension as moot. (See joint
request docketed as PCB 00-210, below).
7-0
UST-FRD
PCB 00-199
People of the State of Illinois v. Dassinger Hard Chrome, Inc. -
The Board accepted for hearing this air enforcement action against
this Cook County facility.
7-0
A-E
PCB 00-200
American Bottom Conservancy, East St. Louis Community Action
Network, Kathy Andria, and Jack Norman v. Village of Fairmont
City and Waste Management of Illinois, Inc. - The Board accepted
for hearing this third-party pollution control facility siting review
involving a St. Clair County facility, directing the two petitioner
organizations to file amended petitions including appearances of
attorneys within 30 days, or be subject to dismissal from this
action.
7-0
P-C-F-S-R
PCB 00-201
People of the State of Illinois v. Village of Chesterfield, Lawrence
Lipe & Associates, and Moniger Excavating Company, Inc. - Upon
receipt of a proposed stipulation and settlement agreement and an
agreed motion to request relief from the hearing requirement in this
public water enforcement action involving respondents located in
Macoupin County, the Board ordered publication of the required
newspaper notice.
7-0
PWS-E
PCB 00-202
People of the State of Illinois v. American Driveway Maintenance,
Inc. - The Board accepted for hearing this water enforcement
action against this Winnebago County facility.
7-0
W-E
PCB 00-203
People of the State of Illinois v. Barron Industries, Inc. - The Board
accepted for hearing this air enforcement action against this
Winnebago County facility.
7-0
A-E
PCB 00-204
Gutman Leather Company, Inc. 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.
7-0
P-A, Air
90-Day Ext.
PCB 00-205
Werner Company v. IEPA - The Board granted petitioner’s
attorney’s motion to appear p
ro hac vice
and
accepted for hearing
this permit appeal involving a Sangamon County facility.
7-0
P-A, Air
PCB 00-206
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 00-207
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 00-208
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 00-209
People of the State of Illinois v. Cro-Mat Company - The Board
accepted for hearing this air enforcement action against this Cook
County facility.
7-0
A-E
PCB 00-210
Merrill’s Contractors, Inc. 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
PCB 00-211
People of the State of Illinois v. Toyal America, Inc. f/k/a Alcan-
Toyo America, Inc. - The Board accepted for hearing this Resource
Conservation and Recovery Act enforcement action against this
Will County facility.
7-0
RCRA-E
PCB 00-212
People of the State of Illinois v. Kenneth Morrison - The Board
accepted for hearing this cost recovery action against this
Livingston County facility.
7-0
CR-E
PCB 00-214
General Motors Corporation (Electro-Motive Division) v. IEPA -
The Board granted this request for a 90-day extension of time to
file a permit appeal on behalf of this Cook County facility.
7-0
P-A, Air
90-Day Ext.
OTHER ITEMS
The Chairman thanked Chuck King for his valuable contributions to the board as an
attorney assistant to Board Member McFawn, wishing him well in his new position.
ADJOURNMENT
Moved and seconded, by a vote of 7-0
,
Chairman Manning adjourned the meeting at 11:10 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the
above minutes were approved this 22nd day of June 2000 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
