ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
JUNE 17, 2004 CHICAGO OFFICE
100 W. Randolph Street
Conference Room 9-040
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 3, 2004 meeting were approved by a vote of 5-0.
RULEMAKINGS
R04-5
R04-15
Cons.
In the Matter of: RCRA Subtitle D (Municipal Solid Waste
Landfill) Update, USEPA Regulations (January 1, 2003 through
June 30, 2003); In the Matter of: RCRA Subtitle D (Municipal
Solid Waste Landfill) Update, USEPA Regulations (July 1, 2003
through December 31, 2003) – The Board adopted a final opinion
and order in these “identical-in-substance” rulemakings amending
the Board’s Municipal Solid Waste Landfill regulations.
5-0
R, Land
R04-16
In the Matter of: RCRA Subtitle C (Hazardous Waste) 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 hazardous waste
regulations.
5-0
R, Land
R05-1
RCRA Subtitle D (Municipal Solid Waste Landfill) Update,
USEPA Amendments (January 1, 2004 through June 30, 2004) –
The Board reserved this docket for a routine identical-in-substance
update. The update includes any federal amendments which
occurred during the period of January 1, 2004 through June 30,
2004.
R, Land
R05-2
RCRA Subtitle C (Hazardous Waste) Update, USEPA
Amendments (January 1, 2004 through June 30, 2004) - The Board
reserved this docket for a routine identical-in-substance update.
The update includes any federal amendments which occurred
during the period of January 1, 2004 through June 30, 2004.
R, Land
R05-3
UST Update, USEPA Amendments (January 1, 2004 through June
30, 2004) - The Board reserved this docket for a routine identical-
in-substance update. The update includes any federal amendments
which occurred during the period of January 1, 2004 through June
30, 2004.
R, Land
R05-4
Wastewater Pretreatment Update, USEPA Amendments (January 1,
2004 through June 30, 2004) - The Board reserved this docket for a
routine identical-in-substance update. The update includes any
federal amendments which occurred during the period of January 1,
2004 through June 30, 2004.
R, Water
R05-5
Definition of VOM Update, USEPA Amendments (January 1, 2004
through June 30, 2004) - The Board reserved this docket for a
routine identical-in-substance update. The update includes any
federal amendments which occurred during the period of January 1,
2004 through June 30, 2004.
R, Water
2
R05-6
SDWA Update, USEPA Amendments (January 1, 2004 through
June 30, 2004) - The Board reserved this docket for a routine
identical-in-substance update. The update includes any federal
amendments which occurred during the period of January 1, 2004
through June 30, 2004.
R, Water
R05-7
UIC Update, USEPA Amendments (January 1, 2004 through June
30, 2004) - The Board reserved this docket for a routine identical-
in-substance update. The update includes any federal amendments
which occurred during the period of January 1, 2004 through June
30, 2004.
R, Land
ADJUSTED STANDARDS
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
ADMINISTRATIVE CITATIONS
AC 04-8
IEPA v. Roger Ray – In response to a joint stipulation and
settlement agreement in this administrative citation action involving
a Moultrie County facility, the Board found respondent violated
Sections 21(p)(1) and (3) of the Environmental Protection Act (415
ILCS 5/21(p)(1) and (3) (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
violation of 415 ILCS 21(p)(7) (2002).
5-0
3
AC 04-18
IEPA v. Luther Coleman – The Board entered an interim opinion
and order finding respondent violated Sections 21(p)(1) and (7) of
the Environmental Protection Act (415 ILCS 5/21(p)(1) and (7)
(2002)) and assessing a penalty of $3,000. The Board ordered the
Clerk of the Board and the Environmental Protection Agency to file
by July 15, 2004 a statement of hearing costs, supported by
affidavit, with service on respondent.
5-0
AC 04-45
IEPA v. Herbert Lust – In response to a joint stipulation and
settlement agreement in this administrative citation action involving
a Piatt County facility, the Board found respondent 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 violation of 415
ILCS 21(p)(3) (2002).
5-0
AC 04-57
IEPA v. Arlyn Ray d/b/a Arlyn Ray Construction, Tom Romero
d/b/a Arlyn Ray Exteriors, Robert J. Adams and Rita M. Adams –
The Board accepted for hearing Romero’s petition for review of an
administrative citation against this Woodford County respondent.
Complainant was directed to file the appropriate proof of service
for respondent Robert Adams on or before July 1, 2004. If proof of
service is not filed, the administrative citation against Robert
Adams would be subject to dismissal. The Board found Rita
Adams and Arlyn Ray in violation of Sections 21(p)(1), (3), (4) and
(7) of the Act (415 ILCS 5/21(p)(1), (3), (4) and (7) (2002)) for
failing to file a petition for review within 35 days after being served
with the administrative citations. However, the Board will not
issue a final order regarding Rita Adams and Ray until
determinations have been made on Robert Adams and Romero.
5-0
AC 04-60
IEPA v. Sharyn Fuller and Carl Benedict d/b/a Benedict Auto Sales
– No action taken.
AC 04-76
IEPA v. Landfill, L.L.C., West End Disposal Facility, and Danny
Bowman – No action taken.
4
AC 04-82
IEPA v. John Brown d/b/a John Brown Painting – The Board
accepted an administrative citation against this Massac County
respondent.
AC 04-83
IEPA v. Giufree II, L.L.C. and Reload, Inc. – The Board accepted
an administrative citation against these Winnebago County
respondents.
AC 04-84
IEPA v. City of Salem, Roger Kinney, Dick Brown and Jason
Bruce - The Board accepted an administrative citation against these
Marion County respondents.
AC 04-85
IEPA v. Michael Lee Schenck - The Board accepted an
administrative citation against this Peoria County respondent.
AC 04-86
IEPA v. Bill Weis - The Board accepted an administrative citation
against this St. Clair County respondent.
AC 04-87
IEPA v. Herman Krohe - The Board accepted an administrative
citation against this Cass County respondent.
Decisions
PCB 01-104
People of the State of Illinois v. City of Waukegan – In this water
enforcement action concerning a Lake County facility, the Board
granted relief from the hearing requirement of Section 31(c)(1) of
the Environmental Protection Act (415 ILCS 5/31(c)(1) (2002)),
accepted a stipulation and settlement agreement, and ordered the
respondent to pay a total civil penalty of $25,000 and to cease and
desist from further violations.
5-0
W-E
ADJUDICATORY CASES
Motions and Other Matters
5
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 01-7
People of the State of Illinois v. QC Finishers, Inc. – No action
taken.
A-E
PCB 01-102
Cassen and Sons, Inc. v. IEPA – No action taken.
UST
Appeal
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 – No action taken.
RCRA-E
PCB 03-88
PCB 04-109
R.W. Sheridan Oil Co., Inc. v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of these underground
storage tank appeals involving a McLean County facility.
5-0
UST
Appeal
PCB 03-106
Village of South Elgin v. Waste Management of Illinois, Inc. – No
action taken.
L-E
PCB 03-124
Consumers Illinois Water Company v. IEPA – The Board granted
petitioner’s motion to amend caption.
5-0
T-C-
Appeal
PCB 03-185
Swif-T Food Mart v. IEPA – No action taken.
UST
Appeal
PCB 03-211
Mark and Cynthia Heywood v. Dan and Darleen Sheehan – The
Board granted complainants’ motion for voluntary dismissal of this
enforcement action involving a Cook County facility.
5-0
Citizens
N-E
6
PCB 03-214
Illinois Ayers Oil Company v. IEPA – No action taken.
UST
Appeal
PCB 03-235
United Disposal of Bradley, Inc. and Municipal Trust & Savings
Bank as Trustee Under Trust 0799 v. IEPA – The Board affirmed
the respondent’s May 15, 2003 denial of a permit modification
requested by petitioner, granted the respondent’s motion for
summary judgment, and denied petitioners’ motion for summary
judgment.
4-0
Novak
abstained
P-A, Land
PCB 04-48
Village of Robbins and Allied Waste Transportation, Inc. v. IEPA –
No action taken.
P-A, Land
PCB 04-52
Kramer Service Station v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Vermillion County facility.
5-0
UST
Appeal
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. –
The Board denied respondent Thorell’s motion to dismiss the
complaint.
5-0
PWS-E
PCB 04-83
Wei Enterprises v. IEPA – The Board granted petitioner’s motion
for voluntary dismissal of this underground storage tank appeal
involving a St. Clair County facility.
5-0
UST
Appeal
PCB 04-111
City of Charleston, Illinois v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this public water
supply variance request involving a Coles County facility.
5-0
PWS-V
PCB 04-132
Granite City Fire Department 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 Madison County facility.
5-0
UST
Appeal
7
PCB 04-140
People of the State of Illinois v. Whiteway Sanitation, 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 Jersey County facility, the
Board ordered publication of the required newspaper notice.
5-0
L-E
PCB 04-141
Illinois State Toll Highway Authority (Lincoln South HPCAP/B) v.
IEPA – The Board granted petitioner’s motion to file an amended
petition and accepted the amended petition for hearing.
5-0
UST
Appeal
PCB 04-142
People of the State of Illinois v. Village of Poplar Grove and R.H.
Batterman & Company, Inc. – Upon receipt of a proposed
stipulation and settlement agreement and an agreed motion to
request relief from the hearing requirement in this public water
supply enforcement action involving a Boone County facility, the
Board ordered publication of the required newspaper notice.
5-0
PWS-E
PCB 04-147
Cooper Oil Company (October 1, 2001 to April 30, 2003) 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 Clay County facility.
5-0
UST
Appeal
PCB 04-148
Illiopolis Grain Company v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a
Sangamon County facility.
5-0
UST
Appeal
PCB 04-149
Hortense Singer v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a DuPage County
facility.
5-0
UST
Appeal
PCB 04-150
Pontiac Casey’s, Inc. 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 Livingston County facility.
5-0
UST
Appeal
8
PCB 04-159
Biggs Brothers Service Center 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 St. Clair 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
County – Respondent’s motion for extension of time and for leave
to file reduced number of copies was referred to the hearing officer
for disposition.
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 Calhone (Let It Shine Car Wash) – The
Board held for a later duplicative/frivolous determination this
citizen’s noise enforcement action involving a Tazewell County
facility.
Citizens
N-E
PCB 04-213
The Village of Lombard, Illinois v. Bill’s Auto Center, Bill’s
Standard Service and William Kovar – The Board held for a later
duplicative/frivolous determination this citizen’s underground
storage tank enforcement action involving a DuPage County
facility.
Citizens
UST-E
PCB 04-214
Conocophillips Company (Low Sulfur Gasoline Project – Wood
River Refinery) (Property Identification Number 19-1-08-35-00-
000-001) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Conocophillips Company
located in Madison County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2002)).
5-0
T-C
9
PCB 04-215
Commonwealth Edison Company v. IEPA – The Board accepted
for hearing this trade secret appeal. The Board also directed the
parties to address whether this appeal should be consolidated for
purposes of hearing and decision with Midwest Generation EME,
L.L.C. v. IEPA, PCB 04-216.
5-0
T-S
Appeal
PCB 04-216
Midwest Generation EME, L.L.C. v. IEPA – The Board accepted
for hearing this trade secret appeal. The Board also directed the
parties to address whether this appeal should be consolidated for
purposes of hearing and decision with Commonwealth Edison
Company v. IEPA, PCB 04-215.
5-0
T-S
Appeal
PCB 04-217
Telzrow 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 Calhoun County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-218
People of the State of Illinois v. Brickyard Disposal and Recycling,
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 Vermilion
County facility, the Board ordered publication of the required
newspaper notice.
5-0
RCRA-E
PCB 04-219
Commonwealth Edison 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 LaSalle County facility.
5-0
UST
Appeal
90-Day
Ext.
10
PCB 04-220
Jim’s Mobil 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 Madison County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-221
Holland Energy, L.L.C.-Beecher City (Property Identification
Numbers 0524-01-00-100-004, 085-16-00-100-004, 085-16-00-
300-002, 0825-16-00-300-003, 0825-16-00-200-002) v. IEPA –
Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Holland Energy, L.L.C. located in Shelby County are
pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10
(2002)).
5-0
T-C
PCB 04-222
Holland Energy, L.L.C.-Beecher City (Property Identification
Numbers 0524-01-00-100-004, 085-16-00-100-004, 085-16-00-
300-002, 0825-16-00-300-003, 0825-16-00-200-002) v. IEPA –
Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Holland Energy, L.L.C. located in Shelby County are
pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10
(2002)).
5-0
T-C
CASES PENDING DECISION
R04-18
In the Matter of: Pretreatment Update, USEPA Amendments (July
1, 2003 through December 31, 2003) – Adopted Rule, Final Order,
Opinion and Order
R, Water
11
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 – Proposed Rule, First Notice,
Opinion and Order (see Motion for an Additional Merit Hearing
filed by WRT Environmental (Illinois) L.L.C. on 6/2 and
Comments of ELPC and The Sierra Club filed 6/3)
R, Water
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Novak adjourned at 11:40 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on July 8, 2004, by a vote of 5-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
12
