ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
MARCH 20, 2003
CHICAGO OFFICE – 100 W. Randolph Street
Conference Room 9-040
11:00 A.M.
ANNOUNCEMENTS
After calling the meeting to order, Chairman Johnson welcomed members of the public and staff
to the meeting.
ROLL CALL
The Clerk of the Board called the roll. All Board Members were present.
APPROVAL OF MINUTES
Minutes of the March 6, 2003 meeting were approved by a vote of 6-0. Member Girard
abstained.
RULEMAKINGS
R03-18
In the Matter of: RCRA Subtitle C Update, USEPA Amendments
(July 1, 2002 through December 31, 2002) – The Board adopted a
proposal for public comment in this “identical-in-substance”
rulemaking to amend the Board’s hazardous waste regulations.
7-0
R, Land
ADJUSTED STANDARDS
AS 00-5
In the Matter of: Petition of the Ensign-Bickford Company for an
Adjusted Standard from 35 Ill. Adm. Code 237.103 –– The Board
granted this Union County petitioner a 10 year adjusted standard,
with conditions from 35 Ill. Adm. Code 237.102. This will allow
for open burning and flashing of explosive waste at its Wolf Lake
facility. The adjusted standard will begin on June 20, 2003,
consistent with the Board’s opinion and order in the prior variance,
Ensign-Bickford Company v. IEPA, PCB 02-159 (June 20, 2002).
7-0
Air
ADMINISTRATIVE CITATIONS
AC 03-22
County of Macon v. Macon County Landfill 2 & 3 and Kevin Shaw
and Jeffery London – The Board accepted an administrative citation
against these Macon
County respondents.
AC 03-23
County of Montgomery v. Robert Scott – The Board accepted an
administrative citation against this Montgomery
County
respondent.
ADJUDICATORY CASES
Decisions
PCB 97-103
People of the State of Illinois v. State Oil Company, William Anest
f/d/b/a S&S Petroleum Products, Peter Anest f/d/b/a S&S
Petroleum Products, Charles Abraham, Josephine Abraham, and
Millstream Service, Inc. – Having previously found that these
McHenry County respondents had violated Section 12(a) of the Act
(415 ILCS 5/12(a) (2002)), the Board found that respondents were
jointly and severally liable for the Illinois Environmental Protection
Agency’s remediation costs in the amount of $86, 652.50 in
addition to a total civil penalty of $40,000.
5-1
Marovitz
dissented
Tristano
abstained
L,W-E
2
PCB 02-184
UAP Richter Co, (McDonough County) v. IEPA – The Board
affirmed the Illinois Environmental Protection Agency's decision to
deny tax certification status for an L-shaped structure, finding it
was not a pollution control facilitie for the purpose of preferential
tax treatment under the Property Tax Code (35 ILCS 200/11-10
(2002)).
7-0
T-C
Provisional Variances
PCB 03-152
City of Auburn v. IEPA – Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board
granted this Sangamon County facility a 45-day provisional
variance, subject to conditions, from the total suspended solids and
carbonaceous biochemical oxygen demand requirements of
National Pollution Discharge Elimination System permit number
IL0022403.
7-0
W-V,
NPDES
Motions and Other Matters
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt, Co. Inc.,
Edwin L. Frederick, Jr. individually and as owner and President of
Skokie Valley Asphalt Co., Inc. and Richard J. Frederick, Jr.
individually and as owner and President of Skokie Valley Asphalt
Co., Inc. – The Board denied complainant’s motion to deem facts
admitted and for summary judgment.
7-0
W-E
PCB 98-115
PCB 98-136
PCB 99-56
PCB 00-51
PCB 00-52
PCB 00-89
Illinois State Toll Highway Authority v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of these resolved
underground storage tank appeals (PCB 98-115, PCB 99-56, PCB
00-51, PCB 00-52, and PCB 00-89). The action in PCB 98-136
remains open.
7-0
UST
Appeal
3
PCB 99-134
People of the State of Illinois v. Peabody Coal Company – No
action taken.
W-E
PCB 00-110
People of the State of Illinois v. Joe Decicco Demolition, Inc. – The
Board granted complainant’s motion to waive hearing on the issue
of remedy, issued a final order finding air violations as alleged, and
closed this docket involving a Cook County facility.
7-0
A-E
PCB 00-165
People of the State of Illinois v. David Cohen d/b/a Dave’s Auto
Repair and Service – Upon receipt of a proposed stipulation and
settlement agreement and an agreed motion to request relief from
the hearing requirement in this underground storage tank
enforcement action involving a Lake County facility, the Board
ordered publication of the required newspaper notice.
7-0
UST-E
PCB 01-83
People of the State of Illinois v. Indiana Harbor Belt Railroad
Company and ACN International, Inc. – Upon receipt of a proposed
stipulation and settlement agreement and an agreed motion to
request relief from the hearing requirement in this land enforcement
action involving a Cook County facility, the Board ordered
publication of the required newspaper notice. The Board also
granted complainant’s motion to dismiss ACN International, Inc.
and for leave to re-file if complainant should so decide.
7-0
L-E
PCB 02-10
Rebecca Lawrence v. North Point Grade School c/o Unit District
Office – No action taken.
N-E
PCB 02-95
Case Corporation v. IEPA – The Board granted petitioner’s motion
for voluntary dismissal of this permit appeal involving a Rock
Island County facility.
7-0
P-A,
NPDES
PCB 02-205
PCB 02-206
(Cons.)
Home Oil Company v. IEPA – No action taken.
UST Fund
PCB 03-39
Mineral Solutions, Inc. v. IEPA – No action taken.
P-A, Land
4
PCB 03-55
2222 Elston L.L.C. v. Purex Industries, Inc., Federal Die Casting
Co., Federal Chicago Corp., Raymond E. Cross, Beverly Bank
Trust No. 8-7611, and Lakeside Bank Trust Nos. 10-1087 & 10-
1343 – No action taken.
Citizens
UST-E
PCB 03-61
PCB 03-62
Brock Oil Company (Hoopeston) v. IEPA – The Board granted
petitioner’s motion to consolidate PCB 03-61 and PCB 03-62 for
hearing.
7-0
UST
Appeal
PCB 03-84
Mac’s Conveniences Stores, L.L.C. v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Rock Island County facility.
7-0
UST
Appeal
PCB 03-85
Biggs Brothers Service v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Madison County
facility.
7-0
UST
Appeal
PCB 03-86
Herr Petroleum v. Illinois State Fire Marshal – The Board granted
respondent’s motion for summary judgment and affirmed the
November 12, 2002 determination that this Knox County facility
must pay a$100,000 deductible for access to the Underground
Storage Tank Fund.
7-0
UST
Appeal
PCB 03-96
Martin E. & Kathy L. Geber v. Clayton Moushon and Carri Scharf
Trucking and Materials – No action taken.
Citizens
N-E
PCB 03-104
Waste Management of Illinois, Inc. v. County Board of Kane
County, Illinois – The Board granted the Village of South Elgin’s
petition for leave to file an amicus curiae brief.
6-0
Karpiel
abstained
P-C-F-S-R
5
PCB 03-106
Village of South Elgin v. Waste Management of Illinois, Inc. – The
Board denied respondent’s motion to dismiss this complaint, found
this complaint was neither duplicative nor frivolous, and accepted
the complaint for hearing.
6-0
Karpiel
abstained
Citizens
L-E
PCB 03-124
Consumers Illinois Water Company (Vermilion County) v. IEPA –
The Board accepted for hearing this tax certification appeal
involving a Vermilion County facility.
7-0
T-C
PCB 03-138
National City Environmental L.L.C. and National City Recycling,
L.L.C. (Log No. 1999-134) v. IEPA – The Board accepted for
hearing this permit appeal involving a St. Clair County facility and
granted the motions to consolidate this matter with PCB 03-139 and
PCB 03-140.
7-0
P-A, Land
PCB 03-139
National City Environmental L.L.C. and National City Recycling,
L.L.C. (Log No. 1999-146) v. IEPA – The Board accepted for
hearing this permit appeal involving a St. Clair County facility and
granted the motions to consolidate this matter with PCB 03-138 and
PCB 03-140.
7-0
P-A, Land
PCB 03-140
National City Environmental L.L.C. and National City Recycling,
L.L.C. (Log No. 2002-182) v. IEPA - The Board accepted for
hearing this permit appeal involving a St. Clair County facility and
granted the motions to consolidate this matter with PCB 03-138 and
PCB 03-139.
7-0
P-A, Land
PCB 03-141
Russell Oil 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 Saline County facility.
7-0
UST
Appeal
90-Day
Ext.
6
PCB 03-142
Henry Pratt Company v. IEPA – The Board granted this request for
a 90-day extension of time to file a permit appeal on behalf of this
Kendall County facility.
7-0
P-A, Air
PCB 03-143
Waste Management of Peoria 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 Tazewell County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-144
Waste Management of Illinois, Inc. v. Kankakee County Board –
The Board accepted for hearing this third-party pollution control
facility siting appeal involving a Kankakee County facility and on
its own motion consolidated this matter with PCB 03-125, PCB 03-
133, PCB 03-134, and PCB 03-135.
7-0
P-C-F-S-R
PCB 03-145
R.W. Sheridan Oil Co., Inc. 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 McLean County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-146
North Shore Sanitary District v. IEPA – The Board accepted for
hearing this permit appeal involving a Lake County facility and
granted the motion to stay permit condition 1 of the construction
permit granted on March 11, 2002 pending outcome of this appeal.
7-0
P-A, Air
PCB 03-147
People of the State of Illinois v. Westfield Homes of Illinois – The
Board accepted for hearing this water enforcement action involving
a Lake County facility.
7-0
W-E
PCB 03-148
Clark Retail Enterprises, Inc. 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.
7-0
UST
Appeal
PCB 03-149
Township of Putnam v. IEPA – The Board granted this request for
7-0
7
a 90-day extension of time to file an underground storage tank
appeal on behalf of this Fulton County facility.
UST
Appeal
90-Day
Ext.
PCB 03-150
Dalee Oil 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 Washington County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-151
Pete’s Marathon 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 Marion County facility.
7-0
UST
Appeal
90-Day
Ext.
ADJOURNMENT
Moved and seconded, by a vote of 7-0, Chairman Johnson adjourned the meeting at
11:35 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on April 3, 2003 by a vote of 7-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
8
