ILLINOIS POLLUTION CONTROL BOARD 
MEETING MINUTES 
June 2, 2005 
Chicago/Springfield Videoconference 
CHICAGO OFFICE – 100 W. Randolph Street 
Videoconference Room 11-512 
And 
SPRINGFIELD OFFICE – 1021 N. Grand Avenue East 
Oliver Holmes Conference Room 2012 N – Second Floor 
11:00 A.M. 
 
 
 
 ANNOUNCEMENTS
 
 
After calling the meeting to order, Chairman Novak welcomed members of the public and staff.   
  
 
ROLL CALL    
The Clerk of the Board called the roll.
  
All Board Members answered present. 
 
APPROVAL OF MINUTES 
Minutes of the  May 19, 2005 meeting were approved by a vote of 5-0,  
 RULEMAKINGS 
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 – The Board granted the City 
of Joliet’s motion for extension of the public comment period until 
August 15, 2005. 
 
5-0
R, Water
R05-11 
 In the Matter of:  Amendments to Emissions Reduction Market 
Systems, 35 Ill. Adm. Code 205 and 211 – The Board adopted a 
final opinion and order in this rulemaking amending the Board’s air 
regulations. 
 
5-0
R, Air
 
ADJUSTED STANDARDS 
None  
 
ADMINISTRATIVE CITATIONS  
 
AC 03-5 
 IEPA v. Loxley, Inc. – In response to a joint stipulation and 
settlement agreement in this administrative citation action involving 
a Cass County facility, the Board found that respondent had 
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 
violations of 415 ILCS 5/21(p) (3), (4), (7) (2002). 
 
5-0
AC 05-51 
 County of Sangamon v. Patrick O’Keefe – The Board granted 
complainant’s motion for voluntary dismissal of this administrative 
citation. 
 
5-0
AC 05-61 
 IEPA v. Timothy Pearce – The Board accepted for hearing a 
petition for review of an administrative citation against this Clay 
County respondent. 
 
5-0
AC 05-64 
 IEPA v. Charles Bellemey and Willie Doucher – The Board 
accepted for hearing, respondent, Charles Bellemey’s petition for 
review of an administrative citation.  Because Willie Doucher 
(Doucher) failed to timely file a petition for review, the Board 
found that this Champaign County respondent violated Section 
21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2002)), 
and ordered Doucher to pay a civil penalty of $3,000
.
 
  
5-0
AC 05-65 
 County of Montgomery v. Michael Schwab – The Board found that 
this Montgomery County respondent violated Section 21(p)(1) and 
(p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2002)), and ordered 
respondent to pay a civil penalty of $3,000
.
 
 
5-0
 
2 
 
AC 05-67 
 IEPA v. Donald E. and Mary A. Jennings – The Board found that 
these Brown County respondents violated Section 21(p)(1) of the 
Act (415 ILCS 5/21(p)(1) (2002)), and ordered respondents to pay a 
civil penalty of $1,500
.
 
 
5-0
AC 05-70 
 IEPA v. James Stutsman – The Board accepted an administrative 
citation against this Mason County respondent. 
 
AC 05-71 
 IEPA v. Gene Breeden – The Board accepted an administrative 
citation against this Iroquois County respondent. 
 
AC 05-72 
 IEPA v. Gary Clover d//a Clover Concrete – The Board accepted an 
administrative citation against this Williamson County respondent. 
 
AC 05-73 
 County of LaSalle v. Harriet Baugher and John Baugher – The 
Board accepted an administrative citation against these LaSalle 
County respondents. 
 
AC 05-74 
 IEPA v. Richard Holmes d/b/a/ Rich’s Towing and Linda Holmes – 
The Board accepted an administrative citation against these Jackson 
County respondents. 
 
AC 05-75 
 County of Montgomery v. Lawrence and Tina Dickenson – The 
Board accepted an administrative citation against these 
Montgomery County respondents. 
 
 
3 
ADJUDICATORY CASES 
 
Decisions 
 
PCB 05-89 
 People of the State of Illinois v. Redfearn Earthmoving, Inc. – In 
 this water enforcement action concerning a Jo Daviess 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 $2,000, 
and to cease and desist from further violations. 
 
5-0
W-E
 
Motions and Other Matters
 
 
PCB 97-2 
 People of the State of Illinois v. Jersey Sanitation Corporation – No 
action taken. 
 
A&W-E
PCB 02-105 
 Board of Trustees of Southern Illinois University Governing 
Southern Illinois University, Edwardsville v. IEPA – No action 
taken.  
 
P-A, 
NPDES
PCB 03-54 
PCB 03-56 
PCB 03-105 
PCB 03-179 
PCB 04-2 
(cons.) 
Freedom Oil Company v. IEPA – No action taken. 
 
UST 
Appeal
PCB 03-214 
PCB 05-48 
(not cons.) 
Illinois Ayers Oil Company v. IEPA – No action taken. 
 
UST 
Appeal
4 
 
 
PCB 03-222 
 People of the State of Illinois v. Mecalux Illinois, Inc. – 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 04-49 
 Jo'Lyn Corporation v. IEPA – The Board granted petitioner’s 
motion for voluntary dismissal of this permit appeal involving a 
McHenry County facility. 
 
5-0
P-A, Land
PCB 04-88 
 Des Plaines River Watershed Alliance, Livable Communities 
Alliance, Prairie Rivers Network, and Sierra Club v. IEPA and 
Village of New Lenox – No action taken. 
 
P-A, 
NPDES
PCB 04-162 
 People of the State of Illinois v. Asbestos Control and 
Environmental Services – No action taken. 
 
 
Johnson
A-E
PCB 04-186 
 Waste Management of Illinois, Inc. v. County Board of Kankakee 
County – No action taken. 
 
P-C-F-S-R
PCB 04-215 
PCB 04-216 
(not cons.) 
 
Commonwealth Edison Company v. IEPA 
 Midwest Generation EME, L.L.C. v. IEPA – No action taken. 
 
T-S
Appeal
PCB 05-13 
 People of the State of Illinois v. Paul DiFranco, Sr. and Mark’s 
Construction, Inc. – 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 05-29 
 Mather Investment Properties, L.L.C. v. Illinois State Trapshooters 
Association, Inc. – No action taken.  
 
L-E
 
5 
PCB 05-49 
 Morton F. Dorothy v. Flex-N-Gate Corporation – No action taken. 
 
A&L-E
PCB 05-127 
 Richard Karlock v. IEPA – No action taken. 
 
UST 
Appeal
PCB 05-158 
 Wilson Sporting Goods 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. 
 
UST 
Appeal
PCB 05-193 
 Vernon and Elaine Zohfeld v. Bob Drake, Wabash Valley Service 
Company, Michael J. Pfister, Noah D. Horton, and Steve Kinder – 
The Board held for a later duplicative/frivolous determination this 
citizens’ air enforcement action involving a Hamilton County site. 
 
Citizens
A-E
PCB 05-196 
 Kapp, Inc. v. Hartley Carlton individually and d/b/a One Hour 
Cleaners – The Board held for a later duplicative/frivolous 
determination this citizen land enforcement action involving a 
 Macon County facility. 
 
Citizens
L-E
PCB 05-197 
 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. 
 
5-0
UST 
Appeal
90-Day 
Ext.
PCB 05-198 
 Basic Wire & Cable 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 Cook County facility. 
 
5-0
UST 
Appeal
90-Day
Ext.
6 
 
PCB 05-199 
 People of the State of Illinois v. Champion Environmental Services, 
Inc. – The Board accepted for hearing this air enforcement action 
involving a site located in Rock Island County. 
 
5-0
A-E
PCB 05-200 
 People of the State of Illinois v. Greg Rudeen individually and 
d/b/a Rock River Townhomes and d/b/a Rudeen and Associates – 
The Board accepted for hearing this water enforcement action 
involving a site located in Winnebago County. 
 
5-0
W-E
 
 
CASES PENDING DECISION 
AC 04-63 
AC 04-64 
(cons.) 
 
County of Jackson v. Egon Kamarasy
 
 
ADJOURNMENT 
 
Moved and seconded, by a vote of 5-0, Chairman Novak adjourned the meeting at 11:25 
a.m. 
 
 I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board 
approved the above minutes on June 16, 2005, by a vote of 5-0. 
 
 
 
  
  
  
  
  
  
 
       Dorothy 
 M. 
 Gunn, 
 Clerk 
       Illinois 
 Pollution 
 Control 
 Board 
 
  
7