ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
July 8, 2004
Chicago/Springfield Videoconference
CHICAGO OFFICE – 100 W. Randolph Street
Videoconference Room 11-512
and
SPRINGFIELD OFFICE – 1021 N. Grand Avenue East
Oliver Holmes Conference Room 2012 N – Second Floor
11:00 A.M.
ANNOUNCEMENTS
After calling the meeting to order, Chairman
Novak welcomed members of the public and staff
to the meeting.
ROLL CALL
The Clerk of the Board called the roll.
All Board Members answered present.
APPROVAL OF MINUTES
Minutes of the June 17, 2004 meeting were approved by a vote of 5-0.
RULEMAKINGS
R04-18
In the Matter of: Pretreatment Update, USEPA Amendments (July
1, 2003 through December 31, 2003) – The Board adopted a final
opinion and order in this “identical-in-substance” rulemaking
amending the Board’s wastewater pretreatment regulations.
5-0
R, Water
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 302.207 and 302.525 – The Board adopted a
proposal for public comment in this “identical-in-substance”
rulemaking to amend the Board’s water quality standards
regulations. The Board also granted WRT Environmental (Illinois)
L.L.C. motion for an additional merit hearing.
5-0
R, Water
ADJUSTED STANDARDS
AS 04-1
In the Matter of: Petition of Crownline Boats, Inc. for an Adjusted
Standard from 35 Ill. Adm. Code 215.301 – No action taken.
Air
AS 04-2
In the Matter of: Petition of Jo’Lyn Corporation and Falcon Waste
and Recycling for an Adjusted Standard from 35 Ill. Adm. Code
Part 807 or in the Alternative A Finding of Inapplicability) – No
action taken.
Land
AS 04-4
In the Matter of: Petition of Johns Manville for an Adjusted
Standard from 35 Ill. Adm. Code Part 814, Sections 811.310,
811.311, 811.318 – No action taken.
Land
ADMINISTRATIVE CITATIONS
AC 03-13
IEPA v. Dan Cadwallader – The Board entered a final opinion and
order requiring respondent to pay
the Board hearing costs in the
amount of $384.29 and a civil penalty of $1,500. This order
follows the Board's interim order of April 1, 2004, which found that
this respondent had violated Section 21(p)(1) of the Environmental
Protection Act (415 ILCS 5/21(p)(1) (2002)) at his Putnam County
facility.
5-0
2
AC 03-21
IEPA v. John Smith and Twilla Williams Smith – In response to a
joint stipulation and settlement agreement in this administrative
citation action involving a Union County facility, the Board found
respondents violated Section 21(p)(1) of the Environmental
Protection Act (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 violation of 415 ILCS 5/21(p)(7) (2002).
5-0
AC 03-33
IEPA v. Olen G. Parkhill, Jr. – In response to a joint stipulation and
settlement agreement in this administrative citation action involving
a Champaign County facility, the Board found respondent violated
Section 21(p)(1) of the Environmental Protection Act (Act) (415
ILCS 5/21(p)(1) (2002)) and ordered respondent to pay a civil
penalty of $3,000. 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)(3), (p)(7) (2002).
5-0
AC 03-34
IEPA v. Olen G. Parkhill, Jr. – In response to a joint stipulation and
settlement agreement in this administrative citation action involving
a Champaign County facility, the Board found respondent violated
Section 21(p)(7) of the Environmental Protection Act (Act) (415
ILCS 5/21(p)(7) (2002)) and ordered respondent to pay a civil
penalty of $3,000. 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)(1), (p)(3) (2002).
5-0
AC 04-56
County of Vermilion, Illinois v. Jerry Hathaway and Darrell Cripe –
The Board denied respondent Jerry Hathaway’s motion to
reconsider or to vacate May 6, 2004 Opinion and Order, but granted
respondents an additional 30 days in which to pay the penalty.
5-0
AC 04-60
IEPA v. Sharyn Fuller and Carl Benedict d/b/a Benedict Auto Sales
– The Board granted complainant’s motion to dismiss this
administrative citation against these Peoria County respondent, and
also dismissed Benedict ’s petition for review.
5-0
3
AC 04-64
County of Jackson v. Egon Kamarasy – The Board accepted for
hearing respondent’s amended petition to contest the administrative
citation.
5-0
AC 04-75
IEPA v. Charles L. Parker – The Board accepted for hearing this
petition for review of an administrative citation against this Logan
County respondent.
5-0
AC 04-76
IEPA v. Landfill, L.L.C., West End Disposal Facility, and Danny
Bowman – The Board found that these Saline County respondents
violated Section 21(o)(12) of the Environmental Protection Act
(415 ILCS 5/21(o)(12) (2002)), and ordered respondents to pay a
civil penalty of $500
.
5-0
AC 04-77
IEPA v. Frank Bencie – The Board accepted for hearing this
petition for review of an administrative citation against this
Franklin County respondent.
5-0
AC 04-78
IEPA v. Daniel Pauley – The Board accepted for hearing this
petition for review of an administrative citation against this St.
Clair County respondent.
5-0
AC 04-79
City of Chicago Department of Environment v. National Material
Limited Partnership – The Board accepted for hearing this petition
for review of an administrative citation against this Cook County
respondent.
5-0
AC 04-80
IEPA v. Joseph Luparell and Troy Curley – The Board accepted for
hearing respondent Joseph Luparell’s petition for review of an
administrative citation against this Sangamon County respondent.
Complainant was directed to address whether respondent Troy
Curley had been properly served on or before July 29, 2004.
5-0
4
AC 04-88
City of Chicago Department of Environment v. Gene Evans – The
Board accepted an administrative citation against this Cook County
respondent.
AC 04-89
IEPA v. Earl and Norma Martin – The Board accepted an
administrative citation against these Knox County respondents.
AC 04-90
IEPA v. Earl and Norma Martin – The Board accepted an
administrative citation against these Knox County respondents.
AC 04-91
IEPA v. Earl and Norma Martin – The Board accepted an
administrative citation against these Knox County respondents.
AC 05-1
IEPA v. Michael E. Boone – The Board accepted an administrative
citation against this Mason County respondent.
AC 05-2
IEPA v. Lester Smith - The Board accepted an administrative
citation against this Massac County respondent.
ADJUDICATORY CASES
Motions and Other Matters
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt, Company,
Inc., Edwin L. Frederick, Jr. individually and as owner and
President of Skokie Valley Asphalt Company, Inc., and Richard J.
Frederick individually and as owner and Vice-President of Skokie
Valley Asphalt Company, Inc. – No action taken.
W-E
PCB 99-187
Gina Pattermann v. Boughton Trucking and Materials, Inc. – No
action taken.
A&N-E
5
PCB 01-7
People of the State of Illinois v. QC Finishers, Inc. – The Board
granted in part and denied in part the complainant’s motion to strike
affirmative defenses.
5-0
A-E
PCB 01-43
People of the State of Illinois v. Michael Stringini – No action
taken.
RCRA-E
PCB 01-102
Cassen and Sons, Inc. v. IEPA – No action taken.
UST
Appeal
PCB 02-55
ESG Watts, Inc. (Taylor Ridge/Andalusia Landfill) v. IEPA – The
Board granted petitioner’s motion for voluntary dismissal of this
permit appeal involving a Rock Island facility.
5-0
P-A, Land
PCB 02-106
City of Quincy v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this permit appeal involving a Adams
facility.
5-0
P-A,
NPDES
PCB 02-177
People of the State of Illinois v. John Prior d/b/a Prior Oil Company
and James Mezo d/b/a Mezo Oil Company – The Board denied
respondent John Prior’s and James Mezo motions for
reconsideration of the May 6, 2004 Board opinion and order.
5-0
L&W-E
PCB 03-38
Morry Gabel, Myra Gabel, Don Foreman, Marsha Foreman, Keith
Pinsoneault, and Tracy Pinsoneault v. The Wealshire, Inc. – No
action taken.
Citizens
N-E
PCB 03-51
People of the State of Illinois v. Draw Drape Cleaners, Inc.,
American Drapery Cleaners & Flameproofers, Inc. and Richard
Zell – No action taken.
A-E
PCB 03-106
Village of South Elgin v. Waste Management of Illinois, Inc. – No
action taken.
L-E
6
PCB 03-185
Swif-T Food Mart v. IEPA – No action taken.
UST
Appeal
PCB 03-214
Illinois Ayers Oil Company v. IEPA – No action taken.
UST
Appeal
PCB 03-223
People of the State of Illinois v. Elysium Energy – Upon receipt of
a proposed stipulation and settlement agreement and an agreed
motion to request relief from the hearing requirement in this special
waste hauling enforcement action involving a Jasper County
facility, the Board ordered publication of the required newspaper
notice.
5-0
L-E
PCB 04-48
Village of Robbins and Allied Waste Transportation, Inc. v. IEPA –
No action taken.
P-A, Land
PCB 04-69
Republic Bank of Chicago as Trustee of Trust #2234, Aristotle
Halikias, Lena Halikias, Michael Halikias, Nikolas Halikias, Noula
Halikias, and Patricia Halikias as beneficiaries of Trust #2234 v.
Sunoco, Inc. (R&M) – The Board granted parties’ joint motion for
voluntary dismissal of this enforcement action involving a Cook
County facility.
4-0
NJM
abstain
L-E
PCB 04-112
Swif-T Food Mart v. IEPA – The Board granted petitioner’s motion
for voluntary dismissal of this underground storage tank appeal
involving a Lake County facility.
5-0
UST
Appeal
PCB 04-163
Eaves Auto Repair 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 Ford
County facility.
5-0
UST
Appeal
PCB 04-166
Red Carpet Car Wash 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.
5-0
UST
Appeal
PCB 04-169
Craig’s Service Station v. IEPA – The Board accepted for hearing
5-0
7
this underground storage tank appeal involving a McLean County
facility.
UST
Appeal
PCB 04-170
Chemrex 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 Cook
County facility.
5-0
UST
Appeal
PCB 04-173
City of Sullivan 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
Moultrie County facility.
5-0
UST
Appeal
PCB 04-176
Three Square Feeds v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Morgan County facility.
5-0
UST
Appeal
PCB 04-185
Midwest Generation EME, Inc. v. IEPA – No action taken.
T-S
Appeal
PCB 04-186
Waste Management of Illinois, Inc. v. County Board of Kankakee –
No action taken.
P-C-F-S-R
PCB 04-187
Sutter Sanitation, Inc. and Lavonne Haker v. IEPA – No action
taken.
P-A, Land
PCB 04-204
Daniel J. Beers v. Dave Calhoun (Let It Shine Car Wash) – No
action taken.
Citizens
N-E
PCB 04-213
The Village of Lombard, Illinois v. Bill’s Auto Center, Bill’s
Standard Service and William Kovar – No action taken.
Citizens
UST-E
8
PCB 04-215
Commonwealth Edison Company v. IEPA – No action taken.
T-S
Appeal
PCB 04-223
SG Supply 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.
5-0
UST
Appeal
PCB 04-224
People of the State of Illinois v. Heritage FS, Inc. – The Board
accepted for hearing this water enforcement action involving a site
located in Kankakee County.
5-0
W-E
PCB 04-225
People of the State of Illinois v. Prairie Lane Development, L.L.C.
– The Board accepted for hearing this water enforcement action
involving a site located in Boone County.
5-0
W-E
PCB 04-226
People of the State of Illinois v. P&J Super Auto Body Shop, Inc.
and Julio Gallegos – The Board accepted for hearing this land
enforcement action involving a site located in Cook County.
5-0
L-E
PCB 04-227
People of the State of Illinois v. Rogers Development Company –
The Board accepted for hearing this water enforcement action
involving a site located in Winnebago County.
5-0
W-E
OTHER ITEMS
The Board granted Chairman’s motion to change the July 22 Chicago Meeting and the
August 5 Springfield Meeting to Video-Conference Meetings in Springfield and Chicago.
The Board granted Chairman’s motion for approval of 2005 Board Meeting Locations
and Deliberative Session Dates as listed below:
9
REGULAR BOARD MEETING SCHEDULE FOR CALENDAR YEAR 2005
January 6 *
July 7 *
January
20
July
21
February
3
*
August
4
**
February
17
August
18
March
3
**
September
1
*
March
17
September
15
April
7
*
October
6
**
April
21
October
20
May
5
**
November
3
*
May
19 November
17
June
2
*
December
1
*
June
17
December
15
*
These Board meetings will be via Videoconference both in
Chicago, 100 W. Randolph Street, Videoconference Room
11-512, and Springfield, 1021 N. Grand Avenue East, Oliver
Holmes Conference Room 2012 N, Second Floor
**
These Board meetings will be in the Board’s Springfield Office,
1021 N. Grand Avenue East, Conference Room 1244 N, First
Floor
10
Deliberative Sessions:
January
13
July
14
January
27
July
28
February
10
August
11
February
24
August
25
March
10
September
8
March
24
September
22
April
14
October
13
April
28
October
27
May
12 November
10
May
26 November
23
(Wednesday)
June
9
December
8
June
23 December
22
June
30 December
29
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Novak adjourned at 11:45 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on July 22, 2004, by a vote of 5-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
11
