ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
FEBRUARY 17, 2005 CHICAGO, ILLINOIS
100 W. Randolph Street
Conference Room 9-040
11:00 A.M.
ANNOUNCEMENTS
After calling the meeting to order, Member Girard welcomed members of the public and staff.
ROLL CALL
The Clerk of the Board called the roll.
All Board Members answered present except for
Chairman
Novak who was absent.
APPROVAL OF MINUTES
Minutes of the February 3, 2005 meeting were approved by a vote of 4-0.
RULEMAKINGS
R04-22
R04-23
(Cons.)
In the Matter of: Proposed Amendments to Regulation of
Petroleum Leaking Underground Storage Tanks (35 Ill. Adm. Code
732); In the Matter of: Regulation of Petroleum Leaking
Underground Storage Tanks (Proposed New 35 Ill. Adm. Code
734) – Following seven public hearings on the Illinois
Environmental Protection Agency proposal, the Board adopted a
first notice proposal to amend the Board’s land pollution control
regulations.
4-0
Johnson
concurred
R, UST
ADJUSTED STANDARDS
AS 04-2
In the Matter of: Petition of Jo'lyn Corporation and Falcon Waste
and Recycling, Inc. for an Adjusted Standard from Portions of 35
Ill. Adm. Code 807.103 and 35 Ill. Adm. Code 810.103 or in the
Alternative a Finding of Inapplicability – No action taken.
Melas
Land
AS 05-3
In the Matter of: Waste Management of Illinois, Inc. for RCRA
Waste Delisting Under 35 Ill. Adm. Code 720.122 for Solid
Treatment Residual from CID Recycling and Disposal Facility
Biological Liquid Treatment Center – Pending receipt of the
certificate of publication, the Board held this DuPage County
facility’s petition for an adjusted standard from the Board’s
hazardous waste regulations.
Land
AS 05-4
In the Matter of: Petition of SCA Tissue North America, L.L.C. for
an Adjusted Standard from 35 Ill. Adm. Code 218.301 and
218.302(C) – Pending receipt of the certificate of publication, the
Board held this Cook County facility’s petition for an adjusted
standard from the Board’s organic material emission standards and
limitations for the Chicago area.
Air
ADMINISTRATIVE CITATIONS
AC 04-31
IEPA v. Equipping the Saints Ministry, International, Inc. – In
response to a joint stipulation and settlement agreement in this
administrative citation action involving a Macoupin County
facility, the Board found that respondent had violated Section
21(p)(1) of the Environmental Protection Act (415 ILCS 5/21(p)(1)
(2002)) and ordered respondent to pay a civil penalty of $1,500.
The Board also granted the parties’ joint motion to dismiss
respondent’s petition for review and the alleged violations of 415
ILCS 5/21(p) (2), (7) (2002).
4-0
2
AC 05-19
IEPA v. David and Shelby Hill and N.E. Finch Company – In
response to a joint stipulation and settlement agreement in this
administrative citation action involving a Fulton County facility,
the Board found that respondents had violated Section 21(p)(1) of
the Environmental Protection Act (415 ILCS 5/21(p)(1) (2002))
and ordered respondents to pay a civil penalty of $1,500. The
Board also granted the parties’ joint motion to dismiss respondents’
petition for review and the alleged violations of 415 ILCS 5/21(p)
(3), (7) (2002).
4-0
AC 05-40
IEPA v. Northern Illinois Service Company – The Board accepted
for hearing this amended petition for review of an administrative
citation against this Winnebago County respondent.
4-0
AC 05-45
IEPA v. Double S. Masonry, Inc., Curtis R. Seei and Ronald Seei –
The Board on its own motion dismissed the administrative citation
as to Ronald Seei for lack of timely service. The Board found that
the remaining Henry County respondents violated Sections 21(p)(3)
of the Act (415 ILCS 5/21(p)(3) (2002)), and ordered respondents
to pay a civil penalty of $1,500
.
4-0
AC 05-47
IEPA v. Stacy Hess – The Board directed respondent to file an
amended petition for review specifying the grounds for appeal
within 30 days, or the Board will dismiss this matter.
4-0
AC 05-51
County of Sangamon v. Patrick O’Keefe – The Board accepted an
administrative citation against this Sangamon County respondent.
AC 05-52
IEPA v. Robert Daniel Spears – The Board accepted an
administrative citation against this Cass County respondent.
AC 05-53
IEPA v. Judy Cornelison – The Board accepted an administrative
citation against this Peoria County respondent.
3
AC 05-54
IEPA v. Ray Logsdon Estate, Logsdon Sand and Gravel, and M.K.
O’Hara Construction, Inc. – The Board accepted an administrative
citation against these Cass County respondents.
AC 05-55
IEPA v. Harold Bruley – The Board accepted an administrative
citation against this Macoupin County respondent.
AC 05-56
IEPA v. Christopher A. and Jenny L. Good – The Board accepted
an administrative citation against these Douglas County
respondents.
ADJUDICATORY CASES
Motions and Other Matters
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt, Inc., Edwin
L. Frederick, Jr. individually and as owner and President of Skokie
Valley Asphalt Co., Inc., and Richard J. Frederick individually and
as owner and Vice President of Skokie Valley Asphalt Co., Inc. –
No action taken.
Johnson
W-E
PCB 99-187
Gina Pattermann v. Boughton Trucking and Materials, Inc. – The
Board denied complainant’s motions for leave to file a reply and for
expedited review, but granted its motion for voluntary dismissal
without prejudice. The Board denied respondent’s motion
requesting litigation expenses.
4-0
A&N-E
PCB 00-104
People of the State of Illinois v. The Highlands, L.L.C., Murphy
Farms, Inc. a/k/a Murphy Family Farms, and Bion Technologies,
Inc. – No action taken.
A-E
4
PCB 03-101
People of the State of Illinois v. Werner, Co. – 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 Cook County facility, the Board
ordered publication of the required newspaper notice.
4-0
A-E
PCB 04-88
Des Plaines River Watershed Alliance, Livable Communities
Alliance, Prairie Rivers Network, and Sierra Club v. IEPA and
Village of New Lenox – No action taken.
P-A,
NPDES
PCB 04-162
People of the State of Illinois v. Asbestos Control and
Environmental Services – No action taken.
A-E
PCB 04-169
Craig’s Service Station v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a McLean County facility.
4-0
UST
Appeal
PCB 04-190
Johnson Oil Company v. IEPA – No action taken.
UST
Appeal
PCB 04-207
PCB 97-193
People of the State of Illinois v. Edward Pruim an individual, and
Robert Pruim, an individual; People v. Community Landfill
Company, Inc. – The Board granted respondent’s motion to
consolidate PCB 04-207 with PCB 97-193, but took no action on
the other pending motion.
4-0
L-E
PCB 04-215
PCB 04-216
(not cons.)
Commonwealth Edison Company v. IEPA
Midwest Generation EME, L.L.C. v. IEPA – No action taken.
T-S
Appeal
PCB 05-29
Mather Investment Properties, L.L.C. v. Illinois State Trapshooters
Association, Inc. – No action taken.
Citizens
L-E
5
PCB 05-32
People of the State of Illinois v. GTC, International – No action
taken.
A-E
PCB 05-48
Illinois Ayers Oil Company v. IEPA – No action taken.
UST
Appeal
PCB 05-61
Harold Hart Service v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Madison County facility.
4-0
UST
Appeal
PCB 05-82
Bradley Mobil v. IEPA – Having previously granted a request for a
90-day extension, the Board dismissed this matter because no
underground storage tank appeal was filed on behalf of this Kane
County facility.
4-0
UST
Appeal
PCB 05-90
Harper Oil 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 filed on behalf of
this Jefferson County facility.
4-0
UST
Appeal
PCB 05-94
APS Properties v. IEPA – Having previously granted a request for a
90-day extension, the Board dismissed this matter because no
underground storage tank appeal was filed on behalf of this Macon
County facility.
4-0
UST
Appeal
PCB 05-101
Mac’s Convenience Stores L.L.C. v. IEPA – The Board accepted
for hearing this amended underground storage tank appeal
involving a McLean County facility. The Board granted David L.
Hatchett’s motion for leave to appear
pro hac vice
on behalf of
petitioner.
4-0
UST
Appeal
PCB 05-147
Vision Properties Blue Island, L.L.C. v. IEPA – The Board granted
this request for a 90-day extension of time to file a Resource
Conservation and Recovery Act appeal on behalf of this Cook
County facility.
4-0
P-A, Land
90-Day
Ext.
6
PCB 05-148
People of the State of Illinois v. Concrete Specialties Company, an
Illinois corporation – The Board accepted for hearing this air
enforcement action involving a site located in Cook County.
4-0
A-E
PCB 05-149
People of the State of Illinois v. Truserv Corporation d/b/a True
Value Manufacturing Company – The Board accepted for hearing
this air enforcement action involving a site located in Cook County.
4-0
A-E
PCB 05-150
Kent Hildebrand (Property Identification Number 05-32-300-001)
v. IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Kent Hildebrand located in Bureau County
are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10
(2002)).
4-0
T-C
Water
PCB 05-151
John and Ann Beckman (Property Identification Number 13-09-
025-015) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of John and Ann Beckman located
in Effingham County are pollution control facilities for the purpose
of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2002)).
4-0
T-C
Land
PCB 05-152
Robert Furtney (Property Identification Number 12-14-03-300-004)
v. IEPA - Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Robert Furtney located in Champaign County
are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10
(2002)).
4-0
T-C
Water
PCB 05-153
Harmet Farms (Property Identification Number 11-36-400-005) v.
IEPA - Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Harmet Farms located in McLean County are
pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10
(2002)).
4-0
T-C
A&W
7
PCB 05-154
McLean County Asphalt v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a McLean County
facility.
4-0
UST
Appeal
CASES PENDING DECISION
R04-21
In the Matter of: Revisions to Radium Water Quality Standards:
Proposed New 35 Ill. Adm. Code 302.307 and Amendments to 35
Ill. Adm. Code 302.307 and 302.525 – Proposed Rule, Second
Notice, Opinion and Order
R, Water
R05-2
In the Matter of: RCRA Subtitle C Update, USEPA Amendments
(January 1, 2004 through June 30, 2004 and October 25, 2004) –
Adopted Rule, Final Order, Opinion and Order
R, Land
R05-16
In the Matter of: Definition of VOM Update, USEPA Amendments
(July 1, 2004 through December 31, 2004) – Proposed Rule,
Proposal for Public Comment, Proposed Opinion and Order
R, Air
ADJOURNMENT
Moved and seconded, by a vote of
4-0, Member Girard adjourned the meeting at 11:30
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on March 3, 2005, by a vote of 4-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
8
