March 4, 2004
SPRINGFIELD OFFICE
1021 N. Grand Avenue East
Conference Room 1244 N, First 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, by her designee Connie Newman, called the roll.
All Board Members
answered present.
APPROVAL OF MINUTES
Minutes of the February 19, 2004 meeting were approved by a vote of 5-0.
RULEMAKINGS
R03-9
In the Matter of: Proposed New and Updated Rules for
Measurement and Numerical Sound Emissions Standards
Amendments to 35 Ill. Adm. Code 901 and 910 – The Board issued
an order authorizing two additional hearings and the publishing of a
second first notice opinion and order which includes consideration
of changes in site-specific regulations.
5-0
R, Noise
R04-3
In the Matter of: SDWA Update, USEPA Amendments (January 1,
2003 through June 30, 2003) – The Board adopted a final opinion
and order in this “identical-in-substance” rulemaking amending the
Board’s public water supply regulations.
5-0
R, Water
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
R04-14
In the Matter of: UIC Update, USEPA Amendments (July 1, 2003
through December 31, 2003) – The Board dismissed this reserved
identical-in-substance docket because the United States
Environmental Protection Agency did not amend its underground
injection control regulations during the update period of July 1,
2003 through December 31, 2003.
5-0
R, Land
R04-17
In the Matter of: UST Update, USEPA Amendments (July 1, 2003
through December 31, 2003) – The Board dismissed this reserved
identical-in-substance docket because the United States
Environmental Protection Agency did not amend its exemptions
from the definition of underground storage tank during the update
period of July 1, 2003 through December 31, 2003.
5-0
R, Land
R04-19
In the Matter of: Definition of VOM Update, USEPA Amendments
(July 1, 2003 through December 31, 2003) – The Board dismissed
this reserved identical-in-substance docket because the United
States Environmental Protection Agency did not amend its
exemptions from the definition of volatile organic material during
the update period of July 1, 2003 through December 31, 2003.
5-0
R, Air
ADMINISTRATIVE CITATIONS
AC 04-36
IEPA v. V-Max Materials, Inc. – The Board found that this Grundy
County respondent violated Section 21(p)(1) of the Act (415 ILCS
5/21(p)(1) (2002)), and ordered respondent to pay a civil penalty of
$1,500
.
5-0
AC 04-31
IEPA v. Equipping the Saints Ministry, Inc. – No action taken.
AC 04-41
IEPA v. Cheryl Clayton – The Board accepted for hearing this
petition for review of an administrative citation against this Adams
County respondent.
5-0
3
AC 04-43
County of Jackson v. Frank Stonemark – The Board denied
respondent’s motion to extend time to file petition to contest
administrative citation, but considered the request itself to be a
deficient petition for review. The Board ordered petitioner file an
amended petition for review curing deficiencies, by March 31,
2004, or this matter would be subject to dismissal.
5-0
AC 04-45
IEPA v. Herbert Lust d/b/a Bement Plumbing Supply Company and
Francis Ann Lust – The Board accepted for hearing this petition for
review of an administrative citation against these Piatt County
respondents.
5-0
AC 04-46
IEPA v. Christopher Coleman – The Board accepted for hearing
this petition for review of an administrative citation against this
Union County respondent.
5-0
AC 04-47
IEPA v. James Haas, Jr. – The Board accepted an administrative
citation against this Carroll County respondent.
AC 04-48
IEPA v. Russell V. Weller, Evelyn L. Weller and Springfield Iron
and Metal Co., Inc. – The Board accepted an administrative citation
against these Sangamon County respondents.
AC 04-49
IEPA v. Bill Marshall – The Board accepted an administrative
citation against this White County respondent.
AC 04-50
IEPA v. American Disposal Services of Illinois, Inc. and David
Bryant – The Board accepted an administrative citation against
these Livingston County respondents.
AC 04-51
IEPA v. Michael Moreton - The Board accepted an administrative
citation against this Coles County respondent.
4
AC 04-52
IEPA v. Glenn Cooper, Betty Cooper and Ronald Gernay d/b/a
Ron’s Sandblasting, Painting and Power Washing - The Board
accepted an administrative citation against these Cass County
respondents.
AC 04-53
IEPA v. Roy Bell – The Board accepted an administrative citation
against this Jersey County respondent.
ADJUDICATORY CASES
Motions and Other Matters
PCB 97-119
People of the State of Illinois v. G&M Total, Inc., George Papas
individually and as president of G&M Total, Inc. – The Board
granted complainant’s motion for summary judgment in part,
finding that respondents violated Sections 35 Ill. Adm. Code
731.160, 731.162, and 731.163 of the Board’s underground storage
tank regulations. The Board, however, denied the complainant’s
motion for summary judgment regarding the alleged violation of
415 ILCS 5/12(a) (2002) of the Environmental Protection Act and
the requested relief, and ordered the parties to hearing on those
remaining issues.
5-0
L-E
PCB 97-193
People of the State of Illinois v. Community Landfill Company,
Inc. – No action taken.
L-E
PCB 99-19
Karen & Anthony Roti, Paul Rosenstrock, and Leslie Weber v.
LTD Commodities – The Board granted respondent’s motion to
stay its February 5, 2004 order pending appellate review.
5-0
A-E
PCB 99-187
Gina Pattermann v. Boughton Trucking and Materials, Inc. – No
action taken.
A&N-E
PCB 00-163
David and Jacquelyn McDonough v. Gary Robke – No action
taken.
N-E
5
PCB 01-7
People of the State of Illinois v. QC Finishers, Inc. – No action
taken.
A-E
PCB 01-167
People of the State of Illinois v. ESG Watts, Inc. – No action taken.
A,L,&W-E
PCB 02-186
People of the State of Illinois v. Van Melle U.S.A., Inc. – The
Board denied the motion to strike the second affirmative defense
alleging that a third party is responsible for the alleged violations
but struck the third affirmative defense alleging that the Agency’s
actions in denying permits were “unlawful”. Finally, the Board
reserved ruling on the first affirmative defense of
laches
for 30
days, finding that the affirmative defense of
laches
has not been
sufficiently plead. The Board directed respondent to file an
amended response by April 5, 2004, or the Board will strike the
affirmative defense.
5-0
A-E
PCB 03-218
Rochelle Waste Disposal, L.L.C. v. City Council of The City of
Rochelle, Illinois – No action taken.
P-C-F-S-R
PCB 03-235
United Disposal of Bradley, Inc. and Municipal Trust & Savings
Bank as Trustee Under Trust 0799 v. IEPA – No action taken.
P-A, Land
PCB 04-4
People of the State of Illinois v. Best-Way Construction &
Remediation, Inc. and Clinton 6 L.L.C. – 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.
5-0
A-E
PCB 04-75
Mate Technologies, Inc. v. F.I.C. America Corporation – No action
taken.
L-E
PCB 04-81
People of the State of Illinois v. Emmett Utilities, Inc. and Russell
D. Thorell individually and as president of Emmett Utilities, Inc. –
No action taken.
PWS-E
6
PCB 04-85
Robert and Tony Thompson v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving an
Alexander County facility.
5-0
UST
Appeal
PCB 04-98
People of the State of Illinois v. Onyx Environmental Services,
L.L.C. and Aura II, Inc. – The Board accepted for hearing this
permit appeal involving a LaSalle County facility. The Board
granted attorney Debra A. Salter permission to appear
pro hac vice
on behalf of respondent Aura II, Inc.
5-0
A,L,&W-E
PCB 04-142
People of the State of Illinois v. Village of Poplar Grove and R.H.
Batterman & Company, Inc. – The Board accepted for hearing this
public water supply enforcement action involving a site located in
Boone County.
5-0
PWS-E
PCB 04-143
PCB 04-145
Great Lakes Dredge & Dock Company v. IEPA – The Board
accepted for hearing the January 14, 2004 rejection of an October
2003 first amendment to the Site Investigation Budget, as PCB 04-
143. On its own motion, the Board reserved a second docket, PCB
04-145 for the review of the February 9, 2004 rejection of the
October 2003 corrective action plan and associated budget.
Petitioner was directed to file an amended petition under docket
number PCB 04-145, accompanied by the statutory filing fee,
within 35 days of the date of this order
i.e.
on or before April 8,
2004.
5-0
UST
Appeal
PCB 04-144
Bryant Automotive 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 McHenry County facility.
5-0
UST
Appeal
90-Day
Ext.
7
CASES PENDING DECISION
R04-5
R04-15
Cons.
In the Matter of: RCRA Subtitle D (Municipal Solid Waste
Landfill) Update, USEPA Amendments (January 1, 2003 through
June 30, 2003; In the Matter of: RCRA Subtitle C (Hazardous
Waste) Update, USEPA Amendments (July 1, 2003 through
December 31, 2003) – Proposed Rule, Proposal for Public
Comment
R, Land
R04-8
In the Matter of: Amendments to the Board’s Procedural Rules: 35
Ill. Adm. Code 101-130 – Proposed Rule, First Notice, Opinion and
Order
R, Proc.
Rules
PCB 04-33
PCB 04-34
PCB 04-35
Cons.
Byron Sandberg v. City of Kankakee, Illinois City Council and
Town and Country Utilities, Inc. and Kankakee Regional Landfill,
L.L.C.; Waste Management of Illinois v. City of Kankakee, Illinois
City Council and Town and Country Utilities, Inc. and Kankakee
Regional Landfill, L.L.C.; County of Kankakee, Illinois and
Edward D. Smith, Kankakee County States Attorney v. City of
Kankakee, Illinois City Council and Town and Country Utilities,
Inc. and Kankakee Regional Landfill, L.L.C. – due 3/18 (see also
City of Kankakee’s Motion to Waive Necessity of Filing of Rock
Core Samples (10/23), Respondents Kankakee Regional Landfill
and Town & Country Utilities’ Motion for Leave to File Brief in
Excess of 50 Page Limit (1/9))
P-C-F-S-R
3d Party
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Novak adjourned the meeting at 11:26
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on March 18, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
8
