JUNE 5, 2003
Chicago/Springfield Videoconference
CHICAGO OFFICE – 100 W. Randolph Street
Video Conference Room 11-512
and
SPRINGFIELD OFFICE – 600 South Second Street
Video Conference Room 402
11:00 A.M
ANNOUNCEMENTS
After calling the meeting to order, Chairman Johnson welcomed members of the public and staff
to the meeting. Chairman Johnson announced the death of former Board Member Samuel
Lawton, Jr. and Senior Attorney Kathleen Crowley’s father. Chairman Johnson offered
condolences to the families on behalf of the Board.
ROLL CALL
The Clerk of the Board called the roll.
All Board Members answered present except for Board
Member Karpiel who was absent.
APPROVAL OF MINUTES
Minutes of the May 15, 2003 meeting were approved by a vote of 6-0.
RULEMAKINGS
R02-21
In the Matter of: Petition of Central Illinois Lights Company (E.D.
Edwards Generating Station) for a Site-Specific Air Regulation: 35
Ill. Adm. Code 214.561 – The Board adopted a final opinion and
order in this matter to amend the Board’s air pollution control
regulations.
5-0
Tristano
abstained
R, Air
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
R03-8
In the Matter of: Noise Rule Update: Amendments to 35 Ill. Adm.
Code 900 and 903 – The Board adopted a proposed second notice
opinion and order in this matter to amend the Board’s noise
pollution control regulations.
6-0
R, Noise
R03-18
RCRA Subtitle C (Hazardous Waste) Update, USEPA
Amendments (July 1, 2002 through December 31, 2002) – The
Board adopted a final opinion and order “identical-in-substance”
rulemaking to amend the Board’s hazardous waste regulations.
6-0
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
entered a supplemental opinion and order amending it’s March 20,
2003 opinion and order. The Board granted petitioner’s motion for
substitution and named Dyno Nobel Inc. as the holder of the
adjusted standard The Board granted the adjusted standard from
35 Ill. Adm. Code 237.102, subject to conditions.
6-0
Air
AS 03-1
In the Matter of: Petition of Exelon Generation Company for an
Adjusted Standard from 35 Ill. Adm. Code 302.208 – No action
taken.
Water
AS 03-2
In the Matter of: Petition of Metropolitan Water Reclamation
District of Greater Chicago for an Adjusted Standard from 35 Ill.
Adm. Code 811, 812 and 817, and Modification of AS 95-4 (Sludge
Application) – Member Melas stated he would participate in this
decision. Although he served for 30 years at the Metropolitan
Water Reclamation District of Greater Chicago, he has not done so
for the past 10 years. The Board agreed with petitioner that there
need not be a new notice of publication filed and accepted the
amended petition for hearing.
6-0
Land
3
AS 03-4
In the Matter of: Argonne National Laboratory for an Adjusted
Standard from 35 Ill. Adm. Code 218.182 – Pending receipt of the
certificate of publication, the Board held this DuPage County
facility’s petition for an adjusted standard from the Board’s air
pollution control regulations.
Air
AS 03-5
In the Matter of: Petition of Cromwell-Phoenix, Inc. for an
Adjusted Standard from 35 Ill. Adm. Code Subpart F, Section
218.204(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 air pollution control regulations.
Air
ADMINISTRATIVE CITATIONS
AC 01-37
IEPA v. Marshall Pekarsky (Rockford/Kishwaukee Auto Parts) –
Following Second District Appellate Court reversal of the Board's
February 7, 2002 order (IEPA v. Marshall Pekarsky and IPCB, 2-
02-0281, April 18, 2003), this matter was remanded to the Board.
The Board found that this Winnebago 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.
6-0
AC 03-24
IEPA v. Arrowhead Tree Removal, Inc. – The Board granted
complainant’s motion for reconsideration of the Board’s May 15,
2003 order. The Board granted complainant’s motion for voluntary
dismissal of this administrative citation involving a Jersey County
facility.
6-0
AC 03-30
County of Ogle v. Rochelle Waste Disposal, L.L.C. and Clyde A.
Gelderloos, Chief Operator, and City of Rochelle – The Board
accepted an administrative citation against these Ogle County
respondents.
AC 03-31
County of Vermilion, Illinois v. Brickyard Disposal and Recycling,
Inc. – The Board accepted an administrative citation against this
Vermilion County respondent.
4
AC 03-32
IEPA v. Sharyn Fuller and Carl Benedict d/b/a Benedict Auto Sales
– The Board accepted an administrative citation against these
Peoria County respondents.
ADJUDICATORY CASES
Decisions
PCB 01-150
People of the State of Illinois v. Marc Development Corporation
and Silver Glen Estates Homeowners’ Association – In this water
enforcement action concerning a Kane 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)),
and accepted a stipulation and settlement agreement between the
People and Marc Development Corporation (Marc) only. Marc was
ordered to pay a civil penalty of $20,000 and was ordered to cease
and desist from further violations.
6-0
W-E
PCB 01-155
People of the State of Illinois v. Alloy Engineering and Casting
Company – No action taken.
A-E
PCB 02-56
People of the State of Illinois v. Chiquita Processed Foods, L.L.C.
– In this water enforcement action concerning a Peoria 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,
ordered the respondent to pay a total civil penalty of $113,137.76,
and to cease and desist from further violations.
6-0
W-E
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
individually and as owner and vice president of Skokie Valley
Asphalt Co., Inc. – The Board denied the complainant’s motion for
leave to file a reply to respondents’ response to the motion to strike
or dismiss. The complainant’s motion to strike affirmative defenses
was granted in part. The first two affirmative defenses are stricken,
6-0
W-E
5
but the third affirmative defense remains. Respondent Skokie
Valley’s motion to dismiss the Fredericks from this cause was
denied.
PCB 97-69
People of the State of Illinois v. Economy Plating, Inc. – No action
taken.
A-E
PCB 99-134
People of the State of Illinois v. Peabody Coal Company – The
Board granted the complainant’s motion to strike in part and denied
the motion in part. The Board granted the motion to strike 12
alleged affirmative defenses raised by respondent. Respondent
withdrew another of its purported affirmative defenses. The Board
denied the complainant’s motion to strike three remaining alleged
affirmative defenses raised by respondent.
6-0
W-E
PCB 99-187
Gina Pattermann v. Boughton Trucking and Materials, Inc. – No
action taken.
A&N-E
PCB 00-147
Fox River Water Reclamation District v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this permit appeal
involving a Kane County facility.
6-0
P-A,
NPDES
PCB 00-180
People of the State of Illinois v. Jacobs Energy Corporation – Upon
receipt of a proposed stipulation and settlement agreement and an
agreed motion to request relief from the hearing requirement in this
water enforcement action involving a Rock Island County facility,
the Board ordered publication of the required newspaper notice.
6-0
A&L-E
PCB 01-7
People of the State of Illinois v. QC Finishers, Inc. – No action
taken.
A-E
6
PCB 01-43
People of the State of Illinois v. Michael Stringini – No action
taken.
L-E
PCB 02-159
The Ensign Bickford Company v. IEPA – Having granted parties
request in
In re
Petition of the Ensign-Bickford Company for an
Adjusted Standard from 35 Ill. Adm. Code 237.102, AS 00-5 (June
5, 2003), the Board denied as moot the parties’ request that this
case be reopened and Dyno Nobel be substituted for EBCo in the
variance.
6-0
A-V
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 03-83
Tri-Town Service 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.
6-0
UST Fund
PCB 03-110
Talcott Building Partnership v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Cook County facility.
6-0
UST
Appeal
PCB 03-121
Freedom Oil Company v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Williamson
County facility.
6-0
UST
Appeal
PCB 03-122
Chronister Oil Company d/b/a Quik-N-EZ – The Board accepted
for hearing this underground storage tank appeal involving a
Christian County facility.
6-0
UST
Appeal
7
PCB 03-125
PCB 03-133
PCB 03-134
PCB 03-135
(Cons.)
City of Kankakee v. County of Kankakee, County Board of
Kankakee, and Waste Management of Illinois, Inc.; Merlin Karlock
v. County of Kankakee, Kankakee County Board and Waste
Management of Illinois, Inc; Michael Watson v. County Board of
Kankakee County, Illinois and Waste Management of Illinois, Inc.;
Keith Runyon v. County of Kankakee, Kankakee County Board,
and Waste Management of Illinois, Inc. – The Board denied the
parties’ motions for sanctions.
6-0
P-C-F-S-R
PCB 03-126
Mick’s Garage v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Madison County
facility.
6-0
UST
Appeal
PCB 03-127
Brunner Brothers 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
Tazewell County facility.
6-0
UST
Appeal
PCB 03-129
Keller Oil Properties, Inc. (May 1, 2000 – August 31, 2001) v.
IEPA – The Board accepted for hearing this underground storage
tank appeal involving a Coles County facility and granted the
motions to consolidate this matter with PCB 03-130, PCB 03-131,
PCB 03-136, and PCB 03-137.
6-0
UST
Appeal
PCB 03-130
Keller Oil Properties, Inc. (July 1, 2000 – March 31, 2001) v. IEPA
– The Board accepted for hearing this underground storage tank
appeal involving a Coles County facility and granted the motions to
consolidate this matter with PCB 03-129, PCB 03-131, PCB 03-
136, and PCB 03-137.
6-0
UST
Appeal
PCB 03-131
Keller Oil Properties, Inc. (July 1, 2001 – March 31, 2002) v. IEPA
– The Board accepted for hearing this underground storage tank
appeal involving a Coles County facility and granted the motions to
consolidate this matter with PCB 03-129, PCB 03-130, PCB 03-
136, and PCB 03-137.
6-0
UST
Appeal
8
PCB 03-132
Dickey Oil Company v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Clay County
facility.
6-0
UST
Appeal
PCB 03-136
Keller Oil Properties, Inc. (October 1, 1999 – July 1, 2000) v. IEPA
– The Board accepted for hearing this underground storage tank
appeal involving a Coles County facility and granted the motions to
consolidate this matter with PCB 03-129, PCB 03-130, PCB 03-
131, and PCB 03-137.
6-0
UST
Appeal
PCB 03-137
Keller Oil Properties, Inc. (July 1, 2000 – March 31, 2001) v. IEPA
– The Board accepted for hearing this underground storage tank
appeal involving a Coles County facility and granted the motions to
consolidate this matter with PCB 03-129, PCB 03-130, PCB 03-
131, and PCB 03-136.
6-0
UST
Appeal
PCB 03-147
People of the State of Illinois v. Westfield Homes of Illinois –
Upon receipt of a proposed stipulation and settlement agreement
and an agreed motion to request relief from the hearing requirement
in this water enforcement action involving a facility located in Lake
County, the Board ordered publication of the required newspaper
notice.
6-0
W-E
PCB 03-153
People of the State of Illinois v. C&F Packing Co., Inc. – Upon
receipt of a proposed stipulation and settlement agreement and an
agreed motion to request relief from the hearing requirement in this
water enforcement action involving a facility located in Lake
County, the Board ordered publication of the required newspaper
notice.
6-0
W-E
PCB 03-159
Franklin T. Fowler and Franklin D. Fowler v. Remington Hybrid
Seed Company, Inc. – The Board granted complainants’ motion for
voluntary dismissal of this enforcement action involving a Henry
County facility.
6-0
Citizens
A& N-E
9
PCB 03-161
Solid Waste Agency of Northern Cook County v. City of Des
Plaines, Illinois and Disposal Management Systems, Inc. – The
Board granted petitioner’s motion for reconsideration, and
reaffirmed it’s April 17, 2003 decision to dismiss petitioner’s
amended petition as untimely.
6-0
P-C-F-S-R
PCB 03-210
Solid Waste Agency of Northern Cook County v. City of Des
Plaines, Illinois and Disposal Management Systems, Inc. – The
Board refused to accept petitioner’s petition for review and denied
respondent Des Plaines’ motion to dismiss as moot.
6-0
P-C-F-S-R
3d Party
PCB 03-211
Mark and Cynthia Heywood v. Dan and Darleen Sheehan – The
Board held for a later duplicative/frivolous determination this
citizen’s noise enforcement action involving a Cook County
facility.
Citizens
N-E
PCB 03-217
Prime Time Citgo 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 Kane County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-218
Rochelle Waste Disposal, L.L.C. v. City Council of the City of
Rochelle, Illinois – The Board accepted for hearing pollution
control facility siting appeal involving an Ogle County facility.
6-0
P-C-F-S-R
PCB 03-219
Randall Industries 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 DuPage County facility.
6-0
UST
Appeal
90-Day
Ext.
10
PCB 03-220
People of the State of Illinois v. Lehigh Press, Inc. a/k/a Lehigh
Press-Cadillac, Lehigh Cadillac-Direct, Lehigh Digital and Lehigh
Direct – The Board accepted for hearing this air enforcement action
involving a Cook County facility.
6-0
A-E
CASES PENDING DECISION
PCB 98-148
People of the State of Illinois v. Doren Poland, Lloyd Yoho, and
Briggs Industries, Inc. a/k/a Briggs Plumbing Products, Inc.; Briggs
Industries, Inc., Third-Party Complainants v. Loren West and
Abingdon Salvage Company, Inc., Third Party Respondents
L-E
PCB 03-104
Waste Management of Illinois, Inc. v. County Board of Kane
County, Illinois (due 6/19) (see also Respondent’s Motion to Strike
Portions of Petitioner’s Memorandum in Support of the Siting
Appeal filed 5/13 and Petitioner’s Response in Opposition to
Respondent’s Motion to Strike Portions of Memorandum in
Support of Siting Appeal filed 5/27)
P-C-F-S-R
ADJOURNMENT
Moved and seconded, by a vote of 6-0
,
Chairman Johnson adjourned the meeting at
11:55 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on June 19, 2003 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
