SEPTEMBER 7, 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. Chairman Manning then introduced and welcomed new staff member Bobb
Beauchamp, attorney assistant to Board Member McFawn.
ROLL CALL
The Clerk of the Board called the roll and all Board Members answered present.
APPROVAL OF MINUTES
Minutes of the August 24, 2000 meeting were approved by a vote of 7-0.
RULEMAKINGS
R00-11
R01-1
(Cons.)
In the Matter of: UIC Update, USEPA Amendments (July 1, 1999
through December 31, 1999); and In the Matter of: UIC Update,
USEPA Amendments (January 1, 2000 through June 30, 2000) -
The Board on its motion consolidated these dockets and adopted a
proposal for public comment in this “identical-in-substance”
rulemaking to amend the Board’s underground injection control
regulations.
7-0
R, Land
R00-18
In the Matter of: Conforming and Technical Amendments to 35
Ill. Adm. Code 809, Nonhazardous Special Waste Hauling and The
Uniform Program - The Board adopted a final 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
2
R01-8
In the Matter of: Amendments to Diesel Opacity Rules Required
by P.A. 91-254 and P.A. 91-865, Proposed Amendments to 35 Ill.
Adm. Code 240 - The Board adopted a first notice opinion and
order in this matter to amend the Board’s air pollution control
regulations.
7-0
R, Air
R01-13
In the Matter of: Revisions to Antidegradation Rules: 35 Ill. Adm.
Code 302.105, 303.205, 303.206 and 106.990-106.995 – The
Board accepted for hearing this Illinois Environmental Protection
Agency proposal to amend the Board’s water regulations.
7-0
R, Water
R01-14
In the Matter of: Proposed MTBE Groundwater Quality
Standards Amendments: 35 Ill. Adm. Code 620 – The Board
accepted for hearing this Illinois Environmental Protection Agency
proposal to amend the Board’s public water supply regulations.
7-0
R, PWS
ADJUSTED STANDARDS
AS 97-3
In the Matter of: Petition of Shell Wood River Refining Company
for an Adjusted Standard from 35 Ill. Adm. Code 725.213 and
725.321 - No action taken.
Land,
RCRA
AS 98-6
In the Matter of: Petition of Wood River Refining Company, a
division of Equilon Enterprises, L.L.C. f/k/a Shell Wood River
Refining Company for an Adjusted Standard from 35 Ill. Adm.
Code 725.213 and 725.321 - No action taken.
Land,
RCRA
AS 99-6
In the Matter of: Illinois-American Water Company’s Alton
Public Water Supply Replacement Facility Discharge to the
Mississippi River for an Adjusted Standard from 35 Ill. Adm. Code
304.124, 304.106, and 302.203 - The Board granted this Madison
County facility an adjusted standard from the effluent discharge
requirements, pursuant to 35 Ill Adm. Code 302.203, 304.106, and
304.124, subject to conditions. The Board denied as unnecessary
petitioner’s request for an adjusted standard from Section 304.124
of the Board’s rules as it applies to iron.
7-0
Water
3
AS 01-3
In the Matter of : Petition of DeKalb Sanitary District for an
Adjusted Standard from Water Quality Standards for Copper
Under 35 Ill. Adm. Code Section 302.208(e) - Pending receipt of
the certificate of publication, the Board held this DeKalb County
facility’s petition for an adjusted standard from the water quality
regulations found at 35 Ill. Adm. Code 302.208(e).
Water
AS 01-4
In the Matter of: The Petition of Borden Chemicals & Plastics
Operating Limited Partnership for an Adjusted Standard from 35
Ill. Adm. Code 304.105 as it applies to 35 Ill. Adm. Code
302.211(B)-(E) – Pending receipt of the certificate of publication,
the Board held this Sangamon County facility’s petition for an
adjusted standard from the water regulations found at 35 Ill. Adm.
Code 304.105 as it applies to 35 Ill. Adm. Code 302.211(B)-(E).
Water
ADMINISTRATIVE CITATIONS
AC 00-78
IEPA v. RCS, Inc. and Rickie Laird - In response to a joint
stipulation and settlement agreement in this administrative citation
action involving a Jersey County facility, the Board found
respondents violated Sections 21(o)(1), 21(o)(5), and 21(o)(12) of
the Environmental Protection Act (415 ILCS 5/21(o)(1), 21(o)(5),
and 21(o)(12) (1998)), and ordered respondents to pay a civil
penalty of $1,500.
7-0
AC 01-08
IEPA v. Carlos Coiley and George Duquay - The Board accepted
an administrative citation against these Kankakee County
respondents.
4
Decisions
PCB 99-72
People of the State of Illinois v. Lake of Egypt Water District and
Gary R. Rhodes - In this public water supply enforcement action
concerning a facility located in Williamson County, the Board
granted relief from the hearing requirement of Section 31(c)(1) of
the Act (415 ILCS 5/31(c)(1) (1998)), and accepted a final
stipulation and settlement agreement. The Board ordered the
respondents to pay a civil penalty of $25,000, and to cease and
desist from further violations.
7-0
PWS-E
PCB 00-113
People of the State of Illinois v. Illinois-American Water Company
- In this public water supply enforcement action concerning a
facility located in Peoria County, the Board granted relief from the
hearing requirement of Section 31(c)(1) of the Act (415 ILCS
5/31(c)(1) (1998)), and accepted a final stipulation and settlement
agreement. The Board ordered the respondents to pay a civil
penalty of $25,000, and to cease and desist from further violations.
7-0
PWS-E
Provisional Variances
PCB 01-47
City of Wood Dale v. IEPA – Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board
granted this DuPage County petitioner a 45-day provisional
variance, subject to conditions, from the effluent limits set forth in
35 Ill. Adm. Code 304.141(a) and the excess flow limits in
National Pollutant Discharge Elimination System Permit No.
IL0034274.
7-0
W-V,
NPDES
Motions and Other Matters
PCB 96-180
Environmental Site Developers, Inc. v. White & Brewer Trucking,
Inc. – The Board granted the parties agreed motion to stay
proceedings until December 31, 2000.
7-0
W-E,
Citizens
PCB 97-11
People of the State of Illinois v. White & Brewer Trucking - The
Board granted complainant’s motion to stay proceedings until
December 31, 2000.
7-0
L,W, GW-E
5
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 98-164
City of Rock Island v. IEPA - No action taken.
P-A,
NPDES
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 00-9
People of the State of Illinois v. Brake’s Enterprises, Inc. - No
action taken.
UST-E
PCB 00-44
People of the State of Illinois v. Wallace, Inc. - Upon receipt of a
proposed stipulation and settlement agreement and an agreed
motion to request relief from the hearing requirement in this
Resource Conservation and Recovery Act enforcement action
involving a facility located in Jackson County, the Board ordered
publication of the required newspaper notice.
7-0
RCRA-E
PCB 00-72
Peacock Oil Company v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Cook County facility.
7-0
UST-FRD
6
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 complainant’s motion
for default judgment against the Board of Education of Belvidere
District 100.
7-0
UST-E,
Citizens
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 - No action taken.
P-C-F-S-R
PCB 00-223
Silver Glen Homeowners’ Association, Inc. v. IEPA – The Board
denied respondent’s motion for reconsideration.
7-0
P-A,
Water
PCB 00-224
Chicago Fire Brick 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 Cook County facility.
7-0
UST-FRD
PCB 00-225
Lake County 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
Lake County facility.
7-0
UST-
Appeal
PCB 01-4
Naperville Radiator Services v. IEPA – The Board dismissed this
matter due to lack of jurisdiction.
7-0
UST-FRD
PCB 01-16
Ameren Energy Generating Company v. IEPA – No action taken.
W-V,
NPDES
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 citizens’ air and noise enforcement action
involving a Cook County facility.
A&N-E
Citizens
7
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’s underground storage tank enforcement
action involving a Cook County facility.
UST-E,
Citizens
PCB 01-27
Town of Cortland v. IEPA – The Board granted petitioner’s motion
to withdraw this request for extension of variance involving a
DeKalb County facility.
7-0
PWS-V
PCB 01-30
Stuart C. Nuss v. IEPA and Village of Durand - The Board held for
a later duplicitous/frivolous determination this citizen’s water
enforcement action involving a Winnebago County facility.
W-E,
Citizens
PCB 01-36
George McKissick 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 DuPage County facility.
7-0
UST-FRD
PCB 01-37
City of Elgin 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, PWS
90-Day Ext.
PCB 01-38
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 Cook County facility.
7-0
P-A, Air
90-Day Ext.
PCB 01-39
Lannis Walters d/b/a Fat Boy Pizza (Get & Go) 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 Massac County
facility.
7-0
UST-FRD
90-Day Ext.
PCB 01-40
People of the State of Illinois v. City of Paris and Francis
Associates - The Board accepted for hearing this public water
enforcement action against this Edgar County facility.
7-0
PWS-E
8
PCB 01-41
People of the State of Illinois v. Sommer Products Company, 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 Peoria County, the Board ordered publication of the
required newspaper notice.
7-0
A-E
PCB 01-42
Steven P. Logsdon v. Tilford R. Bowman - The Board held for a
later duplicitous/frivolous determination this citizen’s air and noise
enforcement action involving a Brown County facility.
A&N-E,
Citizens
PCB 01-43
People of the State of Illinois v. Michael Stringini – The Board
accepted for hearing this Resource Conservation and Recovery Act
enforcement action against this McHenry County facility.
7-0
RCRA-E
PCB 01-44
People of the State of Illinois v. Ratliff Brothers and Company,
Inc. – The Board accepted for hearing this land and water
enforcement action against this Henry County facility.
7-0
L&W-E
PCB 01-45
People of the State of Illinois v. E.J. Water Corporation, Milano &
Grunloh Engineers, Inc., and Speth Plumbing, 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 supply enforcement action involving a facility located in
Jasper County, the Board ordered publication of the required
newspaper notice.
7-0
PWS-E
PCB 01-46
XCTC Limited Partnership v. IEPA – The Board accepted for
hearing this third-party permit appeal involving a Cook County
facility.
P-A
CASES PENDING DECISION
R00-11
R01-1
(Cons.)
In the Matter of: UIC Update, USEPA Amendments (July 1, 1999
through December 31, 1999); and In the Matter of: UIC Update,
USEPA Amendments (January 1, 2000 through June 30, 2000) -
Proposal for Public Comment, Proposed Opinion and Order
R, Land
9
R01-8
In the Matter of: Amendments to Diesel Opacity Rules Required
by P.A. 91-254 and P.A. 91-865, Proposed Amendments to 35 Ill.
Adm. Code 240 - Proposed Rule, First Notice, Opinion and Order
R, Air
OTHER ITEMS
The Chairman’s motion to change the date of the September 14 Deliberative Session from
Thursday, September 14, 2000 to Wednesday, September 13, 2000, was granted by a vote of 7-0.
ADJOURNMENT
Moved and seconded, by a vote of 7-0, Chairman Manning adjourned the meeting at 9:55 a.m.
10
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the
above minutes were approved this 21st day of September 2000 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
