JULY 13, 2000 CHICAGO OFFICE
CONFERENCE ROOM 9-040
11:00 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 and all Board Members answered present.
APPROVAL OF MINUTES
Minutes of the June 22, 2000 meeting were approved by a vote of 6-0. Member Flemal
abstained
RULEMAKINGS
R00-15
In the Matter of: Wastewater Pretreatment Update, USEPA
Regulations (July 1, 1999 through December 31, 1999) - The
Board adopted a final opinion and order in this “identical-in-
substance” rulemaking to amend the Board’s wastewater
pretreatment regulations.
7-0
R, Water
R00-18
In the Matter of: Conforming and Technical Amendments to 35
Ill. Adm. Code 809 - The Board adopted a second notice opinion
and order in this matter to amend the Board’s solid waste and
special waste hauling regulations.
7-0
R, Land
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
R01-1
In the Matter of: UIC Update, USEPA Amendments (January 1,
2000 through June 30, 2000) - The Board reserved this docket for a
routine identical-in-substance update. The update includes any
federal amendments which occurred during the period of January
1, 2000, through June 30, 2000.
R, Land
R01-2
In the Matter of: RCRA Subtitle D Update, USEPA Amendments
(January 1, 2000 through June 30, 2000) - The Board reserved this
docket for a routine identical-in-substance update. The update
includes any federal amendments which occurred during the period
of January 1, 2000, through June 30, 2000.
R, Land
R01-3
In the Matter of: RCRA Subtitle C Update, USEPA Amendments
(January 1, 2000 through June 30, 2000) - The Board reserved this
docket for a routine identical-in-substance update. The update
includes any federal amendments which occurred during the period
of January 1, 2000, through June 30, 2000.
R, Land
R01-4
In the Matter of: UST Update, USEPA Amendments (January 1,
2000 through June 30, 2000) - The Board reserved this docket for a
routine identical-in-substance update. The update includes any
federal amendments which occurred during the period of January
1, 2000, through June 30, 2000.
R, Land
R01-5
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (January 1, 2000 through June 30, 2000) - The Board
reserved this docket for a routine identical-in-substance update.
The update includes any federal amendments which occurred
during the period of January 1, 2000, through June 30, 2000.
R, Water
R01-6
In the Matter of: Definition of VOM Update, USEPA
Amendments (January 1, 2000 through June 30, 2000) - The Board
reserved this docket for a routine identical-in-substance update.
The update includes any federal amendments which occurred
during the period of January 1, 2000, through June 30, 2000.
R, Air
R01-7
In the Matter of: SDWA Update, USEPA Amendments (January
1, 2000 through June 30, 2000) - The Board reserved this docket
for a routine identical-in-substance update. The update includes
any federal amendments which occurred during the period of
January 1, 2000, through June 30, 2000.
R, PWS
R01-8
In the Matter of: Amendments to Diesel Opacity Rules Required
by P.A. 91-254 and P.A. 91-865 - The Board reserved this docket
for a future rulemaking to amend the Board’s air pollution control
regulations.
R, Air
R01-9
In the Matter of: Proposed New 35 Ill. Adm. Code 217, Subpart
W, The NOX Trading Program for Electrical Generating Units,
and Amendments to 35 Ill. Adm. Code 211 and 217 - The Board
accepted the Illinois Environmental Protection Agency’s July 11,
2000 fasttrack proposal to amend the Board’s air pollution control
regulations, granted in part and denied in part the motion to waive
the requirement, and adopted a first notice opinion and order,
noting that the rules must be adopted 180-days from the filing of
the proposal.
7-0
R, Air
R01-10
In the Matter of: Natural Gas-Fired, Peak-Load Electrical Power
Generating Facilities (Peaker Plants) - In response to a letter dated
July 6, 2000 from Governor George Ryan, the Board determined to
hold a series of inquiry hearings in August, September and early
October, 2000, to develop an information record concerning the
potential environmental impact of natural gas-fired, peak-load
electrical power generating facilities, known as peaker plants. The
Board anticipates submitting a report to the Governor at the end of
December 2000.
7-0
R, Air
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
AS 01-01
In the Matter of: Petition of City of Elgin for an Adjusted Standard
from 35 Ill. Adm. Code 304.125 and 35 Ill. Adm. Code 302.204 -
Pending receipt of the certificate of publication, the Board held this
Cook County facility’s petition for an adjusted standard from the
pH water quality standard and effluent limitation found at 35 Ill.
Adm. Code 304.125 and 302.204.
PWS
ADMINISTRATIVE CITATIONS
AC 00-33
County of Sangamon v. American Tree Service, Roy F. Throop -
The Board granted complainant’s motion for voluntary dismissal
of this administrative citation involving a Sangamon County
facility.
6-0
Kezelis
abstained
AC 00-82
County of Ogle v. Leonard Hagemann - In response to a joint
stipulation and settlement agreement in this administrative citation
action involving a Ogle County facility, the Board found
respondent had violated Section 21(p)(3) of the Environmental
Protection Act (Act) (415 ILCS 5/21(p)(3) (1998)), and ordered
respondent to pay a civil penalty of $1,500.
7-0
AC 00-83
County of Ogle v. Jeff and Stella Allen - The Board found that
these Ogle County respondents violated Sections 21(p)(1),
21(p)(3), and 21(p)(7) of the Act (415 ILCS 5/21(p)(1), 21(p)(3),
21(p)(7) (1998)), and ordered respondents to pay a civil penalty of
$4,500.
7-0
AC 00-84
IEPA v. James Day - The Board accepted for hearing this petition
for review of an administrative citation against this Champaign
County respondent.
7-0
AC 00-85
IEPA v. Waste Management of Illinois, Inc. and Mike Wiersema -
The Board accepted an administrative citation against these
Whiteside County respondents.
AC 00-86
IEPA v. Streator Area Landfill, Inc. and Brian N. Holcomb - The
Board accepted an administrative citation against these Livingston
County respondents.
AC 00-87
IEPA v. Olen G. Parkhill, Jr. - The Board accepted an
administrative citation against this Champaign County respondent.
AC 01-01
IEPA v. Don Pritchett - The Board accepted an administrative
citation against this Saline County respondent.
AC 01-02
IEPA v. City of Eldorado, Illinois - The Board accepted an
administrative citation against this Saline County respondent.
AC 01-03
IEPA v. Landfill 33, Ltd. and Richard Deibel - The Board accepted
an administrative citation against these Effingham County
respondents.
ADJUDICATORY CASES
Decisions
PCB 98-95
People of the State of Illinois v. Meyer Steel Drum, 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 Act (415 ILCS 5/31(c)(2)
(1998)), accepted a final stipulation and settlement agreement,
ordered the respondent to pay a civil penalty of $8,000, and
ordered respondent to cease and desist from further violations.
7-0
A-E
PCB 98-145
People of the State of Illinois v. Bodine Electric Company - In this
air enforcement action concerning a facility located in Cook
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 $75,000, and
ordered respondent to cease and desist from further violations.
7-0
A-E
PCB 98-164
City of Rock Island v. IEPA - The Board granted this Rock Island
County petitioner a variance, subject to conditions, from 35 Ill.
Adm. Code 305.306 and the Board’s combined sewer overflow
exception order (
In re
The Joint Petition of the City of Rock Island
and the Illinois Environmental Protection Agency for Exception to
the Combined Sewer Overflow Regulations (May 9, 1986), PCB
85-214), insofar as they require Rock Island to operate its main
treatment plant at a maximum design flow of 16 million gallons
per day.
6-0
Manning
abstained
W-V,
NPDES
PCB 00-31
People of the State of Illinois v. Reilly Industries, Inc. - In this
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 Act (415 ILCS 5/31(c)(2) (1998)), accepted a final
stipulation and settlement agreement, ordered the respondent to
pay a civil penalty of $20,000, and ordered respondent to cease and
desist from further violations.
7-0
RCRA-E
PCB 00-73
City of Rock Island v. IEPA - The Board remanded this appeal of a
National Pollutant Discharge Elimination System permit to the
Illinois Environmental Protection Agency for reissuance of a new
permit consistent with the terms of the Board’s opinion and order
in this matter.
6-0
Manning
abstained
P-A,
NPDES
PCB 00-201
People of the State of Illinois v. Village of Chesterfield, Lawrence
Lipe & Associates and Moniger Excavating Company - In this
public water supply enforcement action concerning a facility
located in Macoupin 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
$5,250, and ordered respondents to cease and desist from further
violations.
7-0
PWS-E
Motions and Other Matters
PCB 93-191
People of the State of Illinois v. Estate of Lloyd Wiemann and
Cheryl Halbrooks; and Estate of Lloyd Wiemann v. Cheryl
Halbrooks - Upon receipt of a proposed stipulation and settlement
agreement intended to settle the both the complaint and the cross-
complaint and an agreed motion to request relief from the hearing
requirement in this underground storage tank appeal enforcement
action involving a facility located in Madison County, the Board
ordered publication of the required newspaper notice.
7-0
UST-E
PCB 95-127
Meyer Steel Drum, Inc. v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of this permit appeal involving a
Cook County facility.
7-0
P-A, Air
PCB 98-4
L. Keller Oil Properties, Inc. and Charles F. Keller
(Collinsville/Keller Oil) v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Madison County facility.
7-0
UST-
Appeal
PCB 98-5
L. Keller Oil Properties, Inc. and Charles F. Keller
(Sandoval/Keller Oil) v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Marion County facility.
7-0
UST-
Appeal
PCB 98-6
L. Keller Oil Properties, Inc. and Charles F. Keller
(Centralia/Keller Oil) v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Marion County facility.
7-0
UST-
Appeal
PCB 98-23
L. Keller Oil Properties, Inc. and Charles F. Keller
(Effingham/Keller Oil) v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving an Effingham County facility.
7-0
UST-
Appeal
PCB 98-87
L. Keller Oil Properties, Inc. v. IEPA - The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Marion County facility.
7-0
UST-
Appeal
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 99-7
L. Keller Oil Properties, Inc. and Charles F. Keller
(Effingham/Keller Oil) v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving an Effingham County facility.
7-0
UST-
Appeal
PCB 99-20
L. Keller Oil Properties, Inc. (Salem/Keller Oil Company) v. IEPA
- The Board granted petitioner’s motion for voluntary dismissal of
this underground storage tank appeal involving a Marion County
facility.
7-0
UST-
Appeal
PCB 99-72
People of the State of Illinois v. Lake of Egypt Water District,
Willis Dale Shadowens, and Gary R. Rhodes - Upon receipt of a
proposed stipulation and settlement agreement and an agreed
motion to request relief from the hearing requirement in this public
water supply enforcement action involving a facility located in
Williamson County, the Board ordered publication of the required
newspaper notice.
7-0
PWS-E
PCB 99-82
Michael R. Pawlowski and Diane K. Pawlowski v. David Johansen
and Troy Quinley, individually and d/b/a Benchwarmers Pub, Inc.
- The Board denied respondents motion to reconsider the April 6,
2000 Board order.
7-0
N-E,
Citizens
PCB 00-132
People of the State of Illinois v. Illinois Industrial Plating - 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 Peoria
County, the Board ordered publication of the required newspaper
notice.
7-0
A-E
PCB 00-135
People of the State of Illinois v. Berge Plating Works, 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 Rock Island
County, the Board ordered publication of the required newspaper
notice.
7-0
A-E
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 denied the motion to dismiss
filed by the Regional Board of Trustees for Boone and Winnebago
Counties and accepted the case for hearing finding the complaint
was not duplicitous or frivolous.
6-1
Flemal
dissented
UST-E,
Citizens
PCB 00-185
National Car Rental System, 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 Cook County facility.
7-0
UST-
Appeal
PCB 00-186
Corn Belt Electric Cooperative 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 McLean County facility.
7-0
UST-FRD
PCB 00-188
Ozinga Transportation Services 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.
7-0
UST-FRD
PCB 00-191
Sunburst Energy, Inc. v. IEPA - No action taken.
UST-FRD
90-Day Ext.
PCB 00-200
American Bottoms Conservancy, St. Louis Community Action
Network, Kathy Andria, and Jack Norman v. Village of Fairmont
City and Waste Management of Illinois, Inc. - Respondent’s
motion for extension of time for production of the record was
referred to the hearing officer for disposition. No action was taken
on certain petitioners’ motion to extend time to retain an attorney.
P-C-F-S-R
PCB 00-219
Stephen G. Brill v. Henry Latoria, TL Trucking Foodliner - The
Board found that this complaint involving a Cook County facility
was not duplicitous or frivolous, and accepted it for hearing.
7-0
N-E,
Citizens
PCB 00-221
James and Vickie Glasgow, and Bill and Pat Hoppe v. Granite City
Steel - No action taken.
N&A-E
Citizens
PCB 00-223
Silver Glen Homeowners’ Association, Inc. v. IEPA, Mark Kaplan
and B. Davidson Custom Homes, Inc. - No action taken.
P-A,
NPDES
PCB 00-224
Chicago Fire Brick 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 Cook County facility.
7-0
UST-FRD
90-Day Ext.
PCB 00-225
Lake County 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 Lake County facility.
7-0
UST-
Appeal
90-Day Ext.
PCB 00-226
Equilon Enterprises L.L.C. 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.
7-0
P-A, Air
90-Day Ext.
PCB 00-227
People of the State of Illinois v. Goelitz Confectionery Company
and Goelitz Confectionery Export Company, Inc. - The Board
accepted for hearing this air enforcement action against this Cook
County facility.
7-0
A-E
PCB 00-228
Riverdale Recycling, Inc. and Tri-State Disposal, Inc. v. IEPA -
The Board accepted for hearing this permit 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.
7-0
P-A, Land
PCB 01-1
People of the State of Illinois v. Metals Technology Corporation -
The Board accepted for hearing this air enforcement action against
this DuPage County facility.
7-0
A-E
PCB 01-2
People of the State of Illinois v. National Material L.P. d/b/a
National Lamination Company, and NM Holding, Inc. - The Board
accepted for hearing this air enforcement action against this Cook
County facility.
7-0
A-E
PCB 01-3
People of the State of Illinois v. City of Winchester, Benton &
Associates, Inc. and R&G Construction - The Board accepted for
hearing this public water supply enforcement action against this
Scott County facility.
7-0
PWS-E
PCB 01-4
Naperville Radiator Services 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.
7-0
UST-FRD
90-Day Ext.
PCB 01-5
People of the State of Illinois v. Roecker Cabinets, Inc., d/b/a
Roecker Cabinet & Millwork - The Board accepted for hearing this
Resource Conservation and Recovery Act enforcement action
against this Tazewell County facility.
7-0
RCRA-E
ADJOURNMENT
Moved and seconded, by a vote of 7-0
,
Chairman Manning adjourned the meeting at 11:50 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 27th day of July 2000 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
