JUNE 22, 2000 CHICAGO OFFICE
CONFERENCE ROOM 9-040
11:30 A.M.
ANNOUNCEMENTS
After calling the meeting to order, Chairman Manning welcomed members of the public and
staff to the meeting, apologized for the late start of the meeting, and congratulated Board
Assistant Joel Sternstein on his upcoming marriage.
ROLL CALL
The Administrative Assistant to the Chairman called the roll and Board Members Manning,
Girard, Kezelis, Lawton, McFawn, and Melas answered present. Board Member Flemal was
absent.
APPROVAL OF MINUTES
Minutes of the June 8, 2000 meeting were approved by a vote of 6-0.
ADJUSTED STANDARDS
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
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
ADMINISTRATIVE CITATIONS
AC 00-80
IEPA v. Ken Edwards - The Board found that this Macoupin
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.
6-0
AC 00-81
IEPA v. Jesse Lockhart - The Board denied complainant’s motion
to dismiss this administrative citation against this Kankakee
County respondent, directing that a hearing be held as previously
ordered.
6-0
AC 00-84
IEPA v. James Day - The Board accepted an administrative
citation against this Champaign County respondent.
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 - The Board found that
respondents violated Section 21(e) of the Act (415 ILCS 5/21(e)
(1998)) and ordered respondents to perform soil and groundwater
remediation. The Board failed to find any violations of Section
21(f)(1) of the Act (415 ILCS 5/21(f)(1) (1998)), Section 12(a) of
the Act (415 ILCS 5/12(a) (1998)), and the Board’s regulations at
35 Ill. Adm. Code 620.115.
5-1
McFawn
dissented
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 - In this water enforcement
action concerning a facility located in Will 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 respondents to
pay a civil penalty of $7,500, and ordered respondents to cease and
desist from further violations.
6-0
W-E
PCB 00-1
People of the State of Illinois v. Paul Bergmann d/b/a Bergmann
Dairy Farm - In this water enforcement action concerning a facility
located in Clinton 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 $3,500,
and ordered respondent to cease and desist from further violations.
6-0
W-E
Provisional Variances
PCB 00-222
Commonwealth Edison Byron Nuclear Generating Station v. IEPA
- Upon receipt of an Illinois Environmental Protection Agency
recommendation, the Board granted this Ogle County petitioner a
45-day provisional variance, subject to conditions, from the
requirements set forth in 35 Ill. Adm. Code 309.154(a) and (b) and
National Pollutant Discharge Elimination System Permit No.
IL0048313.
6-0
W-V,
NPDES
Motions and Other Matters
PCB 97-9
People of the State of Illinois v. C&S Recycling, Inc., Flood
Brothers Disposal Company, Inc., William Flood, individually and
as president of C&S Recycling, Inc., and Brian Flood, individually
and as treasurer of C&S Recycling, Inc. - The Board denied
complainant’s motion to reconsider the hearing officer’s April 28,
2000 order and affirmed that ruling.
6-0
L-E
PCB 98-95
People of the State of Illinois v. Meyer Steel Drum, 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.
6-0
A-E
PCB 98-169
Union Oil Company of California d/b/a Unocal v. Barge-Way Oil
Company, Inc., Joseph Kellogg, Nielsen’s Bargeway, Gertrude
Kellogg, Robert Nielsen - No action taken.
UST-E,
Citizens
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 99-191
People of the State of Illinois v. Panhandle Eastern Pipe Line
Company - The Board denied complainant’s motions to strike
affirmative defenses and to incorporate administrative record and
hearing transcript of Panhandle Eastern Pipe Line Company v.
IEPA, PCB 98-102, but granted complainant’s motion in limine.
6-0
A-E
PCB 00-59
Standard Bank & Trust Company, as Trustee and Derk Ball, Sr. 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 00-167
Bond County Community School District 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 Bond County facility.
6-0
UST-FRD
PCB 00-168
Interstate Brands Corporation 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-FRD
PCB 00-175
Dersch Energies, Inc. 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 Wabash County facility.
6-0
UST-FRD
PCB 00-177
Michael D. Logsdon, Darrell E. Mann, Kathy Mann, Russell
Spillman, Marilyn Spillman, Rita Martin, A. Abbott, Kathy
Abbott, Diana Collins, and 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 - No action taken.
UST-E,
Citizens
PCB 00-187
Broderick Teaming Company v. IEPA - The Board accepted for
hearing this underground storage tank appeal involving a Cook
County facility. Respondent’s motion for extension of time in
which to file the administrative record was referred to the hearing
officer for disposition.
6-0
UST-FRD
PCB 00-217
Quebecor World Direct, Petty Printing Company v. IEPA - The
Board granted this request for a 90-day extension of time to file a
permit appeal on behalf of this Effingham County facility.
6-0
P-A,
90-Day Ext.
PCB 00-218
E/M, a Division of Morgan Chemical Products, Inc. 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
P-A,
90-Day Ext.
PCB 00-219
Stephen G. Brill v. Henry Latoria, TL Trucking Foodliner - The
Board held for a later duplicitous/frivolous determination this
citizen noise enforcement action involving a Cook County facility.
N-E,
Citizens
PCB 00-220
A&A McHenry, 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 McHenry County facility.
6-0
UST-FRD
90-Day Ext.
PCB 00-221
James and Vickie Glasgow, and Bill and Pat Hoppe v. Granite City
Steel - The Board held for a later duplicitous/frivolous
determination this citizen noise and air enforcement action
involving a Madison County facility.
N&A-E
Citizens
ADJOURNMENT
Moved and seconded, by a vote of 6-0
,
Chairman Manning adjourned the meeting at 11:40 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 13th day of July 2000 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
