The following is the Illinois Pollution Control Board's tentative agenda for its April 4, 1996 Board meeting. The actual Agenda will be available at 10:30 a.m. Tuesday, April 2, 1996 and will list all motions and case filings received before Monday, Apri

RULEMAKINGS
ADMINISTRATIVE CITATIONS
CASES PENDING DECISION

ILLINOIS POLLUTION CONTROL BOARD

RAFT MEETING MINUTES

OCTOBER 19, 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 October 5, 2000 meeting were approved by a vote of 7-0.

RULEMAKINGS

R00-20

In the Matter of: Revision of the Board’s Procedural Rules: 35 Ill.

Adm. Code 101-130 – No action taken.

Procedural

Rules

R01-5

In the Matter of: Wastewater Pretreatment Update, USEPA

Amendments (January 1, 2000 through June 30, 2000) – The Board

adopted a proposal for public comment in this “identical-in-

substance” rulemaking to amend the Board’s wastewater

pretreatment regulations.

7-0

R, Water

R01-16

In the Matter of: Proposed Amendments to 35 Ill. Adm. Code 217.

Subpart V, Electric Power Generation – The Board accepted the

Illinois Environmental Protection Agency’s October 16, 2000 fast

track proposal to amend the Board’s air pollution control

regulations and granted the motion to waive the filing requirement.

The Board 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

R01-17

In the Matter of: Proposed New 35 Ill. Adm.Code 217. Subpart U,

NOX Control and Trading Program for Specified NOX Generating

Units, Subpart X Voluntary NOX Emissions Reduction Program,

and Amendments to 35 Ill. Adm. Code 211 – The Board accepted

the Illinois Environmental Protection Agency’s October 16, 2000

fast track proposal to amend the Board’s air pollution control

regulations and granted the motion to waive the filing requirement.

The Board 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

ADJUSTED STANDARDS

AS 99-6

In the Matter of: Petition 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 petitioner’s

motion for correction and/or reconsideration and entered an order

modifying the Board’s September 7, 2000 order in this matter.

6-0

Girard

abstained

Water

AS 01-1

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 304.125

and 35 Ill. Adm. Code 302.204 – No action taken.

PWS

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) – The Board entered an order dismissing this

petition for an adjusted standard from the general use water quality

standards for temperature for its Illiopolis, Sangamon County,

Illinois, facility. Petitioner’s failed to file the certificate of

publication within fourteen days as required by Section 28.1(d)(1)

of the Environmental Protection Act.

7-0

Water

AS 01-5

In the Matter of: Petition of the City of Sycamore for an Adjusted

Standard from 35 Ill. Adm. Code Sections 306.305(b) and 304.121

Pending receipt of the certificate of publication, the Board held this

DeKalb County facility’s petition for an adjusted standard from the

water regulations.

Water

ADMINISTRATIVE CITATIONS

AC 01-5

IEPA v. Billy Hammond, Sr. – No action taken.

AC 01-8

IEPA v. Carlos Coiley and George Duguay – The Board found that

these Kankakee County respondents violated Sections 21(p)(1) and

21(p)(3) of the Act (415 ILCS 5/21(p)(1), 21(p)(3) (1998)), and

ordered respondents to pay a civil penalty of $3,000.

7-0

Decisions

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 vacated

the April 19, 2000 decision by the Village of Fairmont City

granting siting approval to Waste Management of Illinois, Inc. to

expand the Milam Recycling and Disposal Facility. This matter

was remanded for rehearing before the Village of Fairmont City.

7-0

P-C-F-S-R

PCB 00-203

People of the State of Illinois v. Barron Industries, Inc. – In this air

enforcement action concerning a facility located in Winnegago

County, Illinois, the Board granted relief from the hearing

requirement of Section 31(c)(1) of the Act (415 ILCS 5/31(c)(1)

(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

A-E

Motions and Other Matters

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.; and Briggs Industries, Inc. v. Loren West –

No action taken.

L-E

PCB 98-164

City of Rock Island v. IEPA – The Board entered an order

modifying the Board’s July 13, 2000 and September 21, 2000

orders in this matter.

6-0

Manning

abstained

W-V,

NPDES

PCB 00-9

People of the State of Illinois v. Brake’s Enterprises, Inc. - The

Board granted complainant’s motion for summary judgment.

7-0

UST-E

PCB 00-127

People of the State of Illinois v. Dayne Rogers and Black Gold

International – No action taken.

L-E, Tires

PCB 00-191

Sunburst Energy, Inc. v. IEPA – The Board granted petitioner’s

motion for voluntary dismissal of this underground storage tank

appeal involving a Fayette County facility.

7-0

UST-FRD

PCB 00-219

Stephen G. Brill v. Henry Latoria individually and d/b/a T.L.

Trucking Foodliner – 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 granted

petitioner’s motion for voluntary dismissal of this permit appeal

involving a Kane County facility.

7-0

P-A,

NPDES

PCB 01-25

Chrysler Realty Corporation v. Thomas Industries, Inc. and TDY

Industries, Inc. – No action taken.

UST-E,

Citizens

PCB 01-30

Stuart C. Nuss v. IEPA and Village of Durand - The Board

dismissed the Illinois Environmental Protection Agency from this

matter and granted complainant leave to file an amended complaint

in this water enforcement action involving a Winnebago County

facility.

7-0

W-E,

Citizens

PCB 01-32

Waukegan Port District v. IEPA – The Board accepted for hearing

this underground storage tank appeal involving a Lake County

facility.

7-0

UST-FRD

PCB 01-48

PCB 01-49

(Cons.)

Community Landfill Company and City of Morris v. IEPA – The

Board granted petitioners’ motions for stay of contested permit

conditions and respondent’s motions for leave to file surreply, for

extension of time, and for relief from copy requirements.

7-0

P-A, Land

PCB 01-54

Richard G. Cotterman v. Jackson Farms and City of Virden – The

Board found that the alleged violations of Sections 9(a) and 24 of

the Environmental Protection Act (Act) (415 ILCS 5/9(a), 24

(1998)) and 35 Ill. Adm. Code 900.102 of the Board’s noise rules

were neither duplicitous nor frivolous, granted respondent, the City

of Virden’s motion to dismiss it as a party to the case, and accepted

this matter involving a Macoupin County facility for hearing.

7-0

A&N-E,

Citizens

PCB 01-60

Anthony J. Schlax v. Evanston Hospital – The Board held for a

later duplicitous/frivolous determination this citizen’s noise

enforcement action involving a Cook County facility.

N-E,

Citizens

PCB 01-61

People of the State of Illinois v. Roll Service, Inc.

– The Board

accepted for hearing this air enforcement action against this Cook

County facility.

7-0

A-E

PCB 01-62

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 01-63

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 01-64

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 01-65

Arnold’s Service and Repair 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 Fayette County facility.

7-0

UST-FRD,

90-Day Ext.

CASES PENDING DECISION

R00-19(A)

In the Matter of: Proposed Amendments to Tiered Approach to

Corrective Action Objectives: 35 Ill. Adm. Code 742 – Proposed

Rule, Second Notice, Opinion and Order

Kezelis

R, Land

ADJOURNMENT

Moved and seconded, by a vote of 7-0, Chairman Manning adjourned the meeting at 11:54 a.m.

I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, hereby certify that the

above minutes were approved this 2nd day of November 2000 by a vote of 7-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board