AUGUST 10, 2000 SPRINGFIELD OFFICE
600 SOUTH SECOND STREET - SUITE 403
HEARING ROOM
11:00 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 member
Connie Newman and thanked departing staff member Shawna Henderson for her valuable
contributions to the Board, wishing her well in her new position.
ROLL CALL
The Administrative Assistant to the Chairman called the roll. Board Members Manning,
Flemal, Girard, Kezelis, and Melas answered present. Board Members Lawton and McFawn
were absent.
APPROVAL OF MINUTES
Minutes of the July 27, 2000 meeting were approved by a vote of 4-0.
RULEMAKINGS
R00-16
In the Matter of: Vehicle Scrappage Activities Adoption of 35 Ill.
Adm. Code 207 - The Board denied the Illinois Environmental
Agency’s motion to reconsider the Board’s June 8, 2000 opinion
and order, adopting these rules, which were filed and effective
June 14, 2000.
5-0
R, Air
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
2
R00-17
In the Matter of: Proposed Regulations Recharge Area for
Pleasant Valley Public Water District, Proposed Amendments to
35 Ill. Adm. Code Part 617 - The Board adopted a first notice
opinion and order in this rulemaking to amend the Board’s public
water supply regulations to establish the first regulated recharge
area under section 17.3 of the Act (415 ILCS 5/17.3 (1998)).
5-0
R, PWS
ADJUSTED STANDARDS
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 -
The Board ordered this Kane County petitioner to file an amended
petition by September 25, 2000, or this action will be dismissed.
The Board reserved ruling on the Illinois Environmental Protection
Agency’s request for hearing pending receipt of an amended
petition.
5-0
PWS
AS 01-2
In the Matter of: Petition of The City of Geneva for an Adjusted
Standard from 35 Ill. Adm. Code 807.104 - The Board accepted for
hearing this Kane County facility’s petition for an adjusted
standard from the Resource Conservation and Recovery Act
certification requirements found at 35 Ill. Adm. Code 807.104.
5-0
Land
ADMINISTRATIVE CITATIONS
AC 00-81
IEPA v. Jesse Lockhart - The Board granted complainant’s motion
for voluntary dismissal of this administrative citation action
involving a Kankakee County facility.
5-0
AC 00-85
IEPA v. Waste Management of Illinois, Inc. d/b/a Prairie Hill
Recycling and Disposal and Mike Wiersma - The Board found that
these Whiteside 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.
5-0
3
3
AC 00-86
IEPA v. Streator Area Landfill, Inc. and Brian N. Holcomb - The
Board found that these Livingston County respondents violated
Sections 21(o)(1) and 21(o)(5) of the Act (415 ILCS 5/21(o)(1),
21(o)(5) (1998)), and ordered respondents to pay a civil penalty of
$1,000.
5-0
AC 00-87
IEPA v. Olen G. Parkhill, Jr. - The Board accepted for hearing this
petition for review of an administrative citation against this
Champaign County respondent.
5-0
AC 01-6
IEPA v. Jack Busby - The Board accepted an administrative
citation against this Marion County respondent.
ADJUDICATORY CASES
Decisions
PCB 93-191
People of the State of Illinois v. Estate of Lloyd Wiemann d/b/a
Wiemann Ice and Fuel and Cheryl Halbrooks and Estate of Lloyd
Wiemann v. Cheryl Halbrooks - In this underground storage tank
enforcement action concerning two facilities located in Marion and
St. Clair Counties, Illinois, the Board granted relief from the
hearing requirement of Section 31(c)(2) of the Act (415 ILCS
5/31(c)(2) (1998)), and accepted a final stipulation and settlement
agreement which resolves both the complaint and counterclaim
between the respondents. The Board ordered respondent Wiemann
to pay a civil penalty of $5,000, and to cease and desist from
further violations. The stipulation also sets out various compliance
measures to be taken at both sites and various agreements between
the respondents.
5-0
UST-E
4
4
Provisional Variances
PCB 01-26
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).
5-0
W-V
Motions and Other Matters
PCB 97-193
People of the State of Illinois v. Community Landfill Company,
Inc. - No action taken.
L-E
PCB 98-113
PCB 99-28
PCB 99-158
(Cons.)
Clayton Chemical Acquisition Limited Liability Company d/b/a
Resource Recovery Group, L.L.C. v. IEPA - No action taken.
P-A, RCRA
PCB 98-148
People of the State of Illinois v. Doren Poland, Lloyd Yoho, and
Briggs Industries, Inc. - No action taken.
L-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 99-69
Land and Lakes Company v. Randolph County Board of
Commissioners - No action taken.
P-C-F-S-R
PCB 99-72
People of the State of Illinois v. Lake of Egypt Water District 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.
5-0
PWS-E
5
5
PCB 00-13
People of the State of Illinois v. Rieck’s Enterprises, Inc., Daniel
Rieck, individually, and as President of Rieck Enterprises, Inc. -
The Board granted complainant’s motion for voluntary dismissal
of this land enforcement action involving a Cook County facility.
5-0
L-E
PCB 00-113
People of the State of Illinois v. Illinois-American Water Company
- 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 Peoria County, the Board ordered
publication of the required newspaper notice.
5-0
PWS-E
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 00-178
People of the State of Illinois v. Tom Fato d/b/a Fato Fiberglass -
In this air enforcement action concerning a facility located in
Kankakee 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.
5-0
A-E
PCB 00-210
Merrill’s Contractors, 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 DuPage County facility.
5-0
UST-FRD
6
6
PCB 00-214
General Motors Corporation, Electromotive Division v. IEPA -
The Board granted petitioner’s attorney’s motion to appear p
ro hac
vice
and
accepted for hearing this Clean Air Act Permit Program
appeal involving a Cook County facility.
5-0
P-A, Air
PCB 00-217
Quebecor World Direct - Petty Printing Company 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 Effingham County
facility.
5-0
P-A
PCB 00-218
E/M, a Division of Morgan Chemical Products, Inc. v. IEPA - No
action taken.
P-A
PCB 00-221
James A. Glasgow, Vickie L. Glasgow, Bill Hoppe and Pat Hoppe
v. Granite City Steel - No action taken.
A&N-E
Citizens
PCB 00-223
Silver Glen Homeowners’ Association, Inc. v. IEPA, Mark Kaplan
and B. Davidson Custom Homes, Inc. - The Board, on its own
motion, dismissed respondents Kaplan and B. Davidson from this
permit appeal. Additionally, the Board deferred judgment on the
Illinois Environmental Protection Agency’s motion to dismiss and
ordered the Agency to file its administrative record within 14 days
of the date of this order.
5-0
P-A,
NPDES
PCB 00-228
Riverdale Recycling, Inc. and Tri-State Disposal, Inc. v. IEPA -
The Board denied the Village of Riverdale’s motion to intervene,
in this permit appeal, but allowed the Village to file an
amicus
curiae
brief.
5-0
P-A
Land
PCB 01-6
Philip S. Dallosto v. Village of Hampshire - The Board found that,
pursuant to 35 Ill. Adm. Code 103.124(a) of the Board’s rules, the
alleged violations of the Environmental Protection Act and the
Board’s rules, were neither duplicitous nor frivolous, and accepted
this citizens’ noise enforcement action involving a Kane County
facility for hearing.
5-0
A-E,
Citizens
7
7
PCB 01-14
General Motors Corporation v. Office of the State Fire Marshal -
No action taken.
UST-
Appeal
PCB 01-15
Federal-Mogul 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 Cook County facility.
5-0
UST-
Appeal
90-Day Ext.
PCB 01-16
Ameren Energy Generating Company v. IEPA - The Board ordered
petitioner to file an amended petition concerning this Jackson
County facility by August 24, 2000, or this action will be
dismissed.
5-0
W-V,
NPDES
PCB 01-17
People of the State of Illinois v. N.E. Finch - The Board accepted
for hearing this air enforcement action against this Peoria County
facility.
5-0
A-E
PCB 01-18
Greenville Airport Authority 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.
5-0
UST-FRD
90-Day Ext.
PCB 01-19
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.
5-0
UST-FRD
90-Day Ext.
PCB 01-20
Abbott Laboratories v. IEPA - The Board granted this request for a
90-day extension of time to file a permit appeal on behalf of this
Lake County facility.
5-0
P-A, Air
90-Day Ext.
8
8
PCB 01-21
Michael E. Mellon and Rebecca J. Mellon v. Illinois Department of
Transportation - The Board held for a later duplicitous/frivolous
determination this citizen air and noise enforcement action
involving a Cook County facility.
A&N-E
PCB 01-22
Homewood-Flossmoor Park 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 Cook County facility.
5-0
UST-FRD
90-Day Ext.
PCB 01-23
Hillerich’s Car Care 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.
5-0
UST-
Appeal
90-Day Ext.
PCB 01-24
U.S. Chrome Corporation of Illinois v. IEPA - The Board granted
this request for a 90-day extension of time to file a permit appeal
on behalf of this Boone County facility.
5-0
P-A
90-Day Ext.
PCB 01-25
Chrysler Realty Corporation v. Thomas Industries, Inc. and TDY
Industries, Inc. - The Board held for a later duplicitous/frivolous
determination this citizen underground storage tank enforcement
action involving a Cook County facility.
UST-E,
Citizens
ADJOURNMENT
Moved and seconded, by a vote of 5-0
,
Chairman Manning adjourned the meeting at 11:35 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 24th day of August 2000 by a vote of 5-0.
Dorothy M. Gunn, Clerk
9
9
Illinois Pollution Control Board
