AUGUST 21, 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. Chairman Johnson on behalf of the Board wished Member
Melas a happy birthday.
ROLL CALL
The Clerk of the Board called the roll.
All Board Members answered present.
APPROVAL OF MINUTES
Minutes of the August 7, 2003 meeting were approved by a vote of 7
-
0.
RULEMAKINGS
R03-10
In the Matter of: Revision of the Board’s Procedural Rules: 35 Ill.
Adm. Code 101-130 – The Board on its own motion dismissed this
docket as unnecessary. In a separate order, the Board opened a new
docket, R04-8, to efficiently meet these same objectives and to
adopt additional procedural rule amendments, principally those
made necessary by more recent legislation.
(see below)
7-0
R, Proc.
Rules
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
R04-8
In the Matter of: Amendments to the Board’s Procedural Rules: 35
Ill. Adm. Code 101-130 – The Board on its own motion opened a
new docket to propose amendments to its procedural rules. Among
other things, the amendments will allow electronic filing in all
Board proceedings through the Board’s new Clerk’s Office On-
Line or “COOL,” and reflect recent statutory changes. A specific
proposal will be issued in the near future.
7-0
R, Proc.
Rules
R04-9
In the Matter of: Amendments to the Board’s Administrative
Rules: 2 Ill. Adm. Code 2175 – The Board on its own motion
opened a new docket to propose amendments to its administrative
rules at Part 2175 of Title 2 of the Illinois Administrative Code.
The administrative rules, last amended in 1996, describe the
Board’s organization, the types of Board proceedings, as well as
how to pay filing and photocopy fees, and how the public may
access information. Amendments to these rules are needed
primarily (1) to reflect recent statutory changes affecting the Board;
(2) to accommodate filing fee payment when filing electronically is
allowed through the Board’s new Clerk’s Office On-Line or
“COOL”; and (3) to update information about the Board’s
proceedings and offices. A specific proposal will be issued in the
near future.
7-0
R, Proc.
Rules
ADMINISTRATIVE CITATIONS
AC 02-4
IEPA v. Mound City – In response to a joint stipulation and
settlement agreement in this administrative citation action involving
a Pulaski 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
motions to dismiss the alleged violation of Section 21(p)(3) of the
Act (415 ILCS 5/21(p)(3) (2002)) and to dismiss respondent’s
petition for review.
7-0
3
AC 04-4
IEPA v. Edward Sapp – The Board accepted an administrative
citation against this Logan County respondent.
AC 04-5
IEPA v. Jerry Summers – The Board accepted an administrative
citation against this Fayette County respondent.
AC 04-6
IEPA v. Mary Lou and H. Frank Record – The Board accepted an
administrative citation against these Fulton County respondents.
ADJUDICATORY CASES
Motions and Other Matters
PCB 96-10
Vogue Tyre & Rubber Company v. IEPA – No action taken.
P-A, Land
PCB 96-143
People of the State of Illinois v. Michel Grain Company, Inc. d/b/a
Michel Fertilizer, Caryle Michel, and Ronnie Todd – No action
taken.
W-E
PCB 97-9
People of the State of Illinois v. C&S Recycling, Inc., Flood
Brothers Disposal Company, Inc., William Flood, Individually and
as Treasurer of C&S Recycling, and Brian Flood, Individually and
as President of C&S Recycling – No action taken.
L-E
PCB 97-69
People of the State of Illinois v. Economy Plating, Inc. – The Board
granted complainant’s motion for summary judgment. The Board
found respondent in violation of Sections 415 ILCS 5/9(a), (b), and
9.1(d)(1) (2002) of the Environmental Protection Act , and 35 Ill.
Adm. Code 201.142, 201.143, 201.302, 201.144, 254.102(c), and
254.402 of the Board regulations. The Board directed this matter to
hearing as expeditiously as practicable on the specific issues of the
appropriate penalty amount, costs, and attorney fees.
7-0
A-E
4
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. – No action
taken.
L-E
PCB 00-104
People of the State of Illinois v. The Highlands, L.L.C., Murphy
Farms, Inc., and Smithfield Foods, Inc. – No action taken.
A-E
PCB 00-163
David and Jacquelyn McDonough v. Gary Robke – No action
taken.
Citizens
N-E
PCB 01-7
People of the State of Illinois v. QC Finishers, Inc. – No action
taken.
A-E
PCB 01-43
People of the State of Illinois v. Michael Stringini – No action
taken.
L-E
PCB 02-03
People of the State of Illinois v. Texaco Refining & Marketing, Inc.
– No action taken.
L&W-E
PCB 02-77
People of the State of Illinois v. Millenium Recycling and Solid
Waste Consultants, Inc. – The Board ordered respondent to show
cause why a default order in this case should not be entered.
Respondent has 14 days, or until September 4, 2003, to respond to
this order.
7-0
L-E
PCB 03-9
Piasa Motor Fuels, Inc. v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Madison County facility.
7-0
UST
Appeal
PCB 03-34
Barry Amoco, Inc. v. IEPA - The Board granted petitioner’s motion
for voluntary dismissal of this underground storage tank appeal
involving a Pike County facility.
7-0
UST
Appeal
5
PCB 03-36
D&R Service v. IEPA - The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal
involving a Randolph County facility.
7-0
UST
Appeal
PCB 03-37
Illinois Ayers Oil Company v. IEPA - The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Knox County facility.
7-0
UST
Appeal
PCB 03-41
Newton Community High School v. IEPA - The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Jasper County facility.
7-0
UST
Appeal
PCB 03-44
Pioneer Oil Company v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Christian County facility.
7-0
UST
Appeal
PCB 03-46
Mahr’s Sales & Service v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Fulton County facility.
7-0
UST
Appeal
PCB 03-48
Mueller Shell, Inc. v. IEPA - The Board granted petitioner’s motion
for voluntary dismissal of this underground storage tank appeal
involving a St. Clair County facility.
7-0
UST
Appeal
PCB 03-50
East Side Shell v. IEPA - The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal
involving a Fulton County facility.
7-0
UST
Appeal
6
PCB 03-51
People of the State of Illinois v. Draw Drape Cleaners, Inc. – The
Board granted complainant’s motion for partial summary judgment.
The Board directed this matter to hearing as expeditiously as
practicable on the remainder of the contested counts of the
complaint, appropriate penalty amount, and remedy.
7-0
A-E
PCB 03-60
V.W. Bowman Oil Company v. IEPA - The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Union County facility.
7-0
UST
Appeal
PCB 03-61
PCB 03-62
(Cons.)
Brock Oil Company (Normal) and Brock Company (Hoopeston) v.
IEPA - The Board granted petitioner’s motion for voluntary
dismissal of these underground storage tank appeals involving a
McLean County facility.
7-0
UST
Appeals
PCB 03-67
Maryville Voice Newspaper Company v. IEPA - The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Madison County facility.
7-0
UST
Appeal
PCB 03-72
Wabash Valley Service v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Gallatin County facility.
7-0
UST
Appeal
PCB 03-73
People of the State of Illinois v. Riverdale Recycling, Inc. and Tri-
State Disposal, Inc. – No action taken.
L-E
PCB 03-87
Main Station v. IEPA – No action taken.
UST
Appeal
PCB 03-89
Wabash Valley Service v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving an Edwards County facility.
7-0
UST
Appeal
7
PCB 03-92
Ralph Johnson v. IEPA - The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal
involving a Christian County facility.
7-0
UST
Appeal
PCB 03-93
Dean Schneidewind v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a St. Clair County facility.
7-0
UST
Appeal
PCB 03-96
Martin E. & Kathy L. Geber v. Carri Scharf Trucking and
Materials, Carri Scharf Materials Company, and East Side
Materials, L.L.C. – The Board denied respondent East Side
Materials, L.L.C.’s motion to dismiss the amended complaint.
Additionally, it struck two allegations of the amended complaint as
frivolous and accepted the remaining allegations for hearing.
7-0
N-E
PCB 03-99
Sather Enterprises, Ltd. v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Dewitt County facility.
7-0
UST
Appeal
PCB 03-112
2F, Inc. v. IEPA - The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal
involving a Williamson County facility.
7-0
UST
Appeal
PCB 03-114
Village of Karnak v. IEPA - The Board granted petitioner’s motion
for voluntary dismissal of this underground storage tank appeal
involving a Pulaski County facility.
7-0
UST
Appeal
PCB 03-132
Dickey Oil Company v. IEPA - The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Clay County facility.
7-0
UST
Appeal
PCB 03-191
People of the State of Illinois v. Community Landfill Company,
Inc., and the City of Morris – No action taken.
L-E
8
PCB 03-206
J&C Central, 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 DuPage
County facility.
7-0
UST
Appeal
PCB 03-216
Bulk Petroleum Corporation 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.
7-0
UST
Appeal
PCB 03-217
PCB 03-188
Prime Time Citgo, Inc. and Alphonsus Olieh v. IEPA – The Board
accepted for hearing this underground storage tank appeal
involving a Kane County facility and granted the motion to
consolidate this matter with PCB 03-188.
7-0
UST
Appeal
PCB 03-235
United Disposal of Bradley, Inc. and Municipal Trust & Savings
Bank, as Trustee Under Trust 0799 v. IEPA – The Board granted
the petitioners’ motion to strike only as to the Kankakee County
Health Department letter and any references to that document
contained in Ms. Wheeler’s letter. The Board denied the
petitioners’ motion to strike the rest of Ms. Wheeler’s public
comment.
7-0
P-A, Land
PCB 04-12
Teresa L. Shepro, as Trustee of the Justice W. Shepro Trust, and
Teresa L. Shepro and Frank Wiemerslage, as beneficiaries under
Trust No. 898, of the Chicago Trust Company v. Newby Oil
Company, David E. Tripp and Janice Tripp – The Board held for a
later duplicative/frivolous determination this citizen’s noise
enforcement action involving a DeKalb County facility.
Citizens
L&W-E
PCB 04-16
People of the State of Illinois v. Packaging Personified, Inc. – The
Board accepted for hearing this air enforcement action involving a
DuPage County facility.
7-0
A-E
PCB 04-17
Koch Pipeline Company L.P.(Hartford Terminal) v. IEPA – The
Board granted this request for a 90-day extension of time to file a
permit appeal on behalf of this Madison County facility.
7-0
P-A, Air
90-Day
Ext.
9
PCB 04-18
Knapp 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 Massac County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 04-19
Paul and Donna Fredrickson v. Jeff Grelyak – The Board held for a
later duplicative/frivolous determination this citizen’s air and noise
enforcement action involving a McHenry County facility.
Citizens
A&N
PCB 04-20
R.W. Sheridan Oil Company, 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.
CASES PENDING DECISION
R03-8
In the Matter of: Noise Rule Update: Amendments to 35 Ill. Adm.
Code 900 and 903 – Adopted Rule, Final Order, Opinion and Order
R, Noise
R03-21
In the Matter of: Radionclude Restricted Status, Amendments to 35
Ill. Adm. Code 602.105, 602.106, 602.108, and 602.115 – Proposed
Rule, Second Notice, Opinion and Order
R, PWS
OTHER ITEMS
10
ADJOURNMENT
Moved and seconded, by a vote of 7-0, Chairman Johnson adjourned the meeting 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 September 4, 2003, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
