ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
DECEMBER 19, 2002 CHICAGO OFFICE-100 WEST RANDOLPH
CONFERENCE ROOM 9-040
11:00 A.M.
ANNOUNCEMENTS
After calling the meeting to order, Chairman Manning welcomed members of the public and
staff, and announced that she was retiring from the Board effective December 31, 2002.
ROLL CALL
The Board’s Paralegal Assistant called the roll. All Board Members were present.
APPROVAL OF MINUTES
Minutes of the December 5, 2002 meeting were approved by a vote of 6-0.
RULEMAKINGS
R02-11
In the Matter of: Water Quality Triennial Review: Amendments to
35 Ill. Adm. Code 302.105, 302.208(e)-(g), 302.504(a), 302.575(d),
309.141(h); and Proposed 35 Ill. Adm. Code 301.267, 301.313,
301.413, 304.120, and 309.157 – The Board adopted a final opinion
and order in this matter to amend the Board’s water regulations.
6-0
R, Water
R03-4
In the Matter of: SDWA Update, USEPA Amendments (January 1,
2002 through June 30, 2002; LTIESWTR) – The Board adopted a
final opinion and order in this “identical-in-substance” rulemaking
to amend the Board’s public water supply regulations.
6-0
R, PWS
R03-8
In the Matter of: Noise Rule Update: Amendments to 35 Ill. Adm.
Code 900 and 903 – The Board adopted a first notice opinion and
order in this matter to amend the Board’s noise regulations.
6-0
R, Noise
ADMINISTRATIVE CITATIONS
AC 03-12
Ogle County v. Merle and Joanne Cornelius, and Dennis Borgmann
– In response to a joint stipulation and settlement agreement in this
administrative citation action involving an Ogle County facility, the
Board found respondents violated Section 21(p)(1) of the
Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2000)
amended by
P.A. 92-0574, eff. June 26, 2002) and ordered
respondents to pay a civil penalty of $1,500. The Board also
dismissed the alleged violations of Sections 21(p)(3) and (p)(7) of
the Act (415 ILCS 5/21(p)(3), (p)(7) (2000)
amended by
P.A. 92-
0574, eff. June 26, 2002).
6-0
ADJUDICATORY CASES
Decisions
PCB 00-108
People of the State of Illinois v. BFI Waste Systems of North
America, Inc. as successor-by merger to E&E Hauling, Inc. – In
this land enforcement action concerning a DuPage 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)
(2000)
amended by
P.A. 92-0574, eff. June 26, 2002), accepted a
final stipulation and settlement agreement, and ordered the
respondent to pay a total civil penalty of $94,000, and to cease and
desist from further violations.
5-0
Manning
abstained
L-E
PCB 00-140
Gladys L. Knox and David A. Knox v. Turris Coal Company and
AEI Resources, Inc. – No action taken.
Citizens
N-E
PCB 00-177
Michael D. Logsdon, Darrell E. Mann, Kathy Mann, Russell
Spillman, Marilyn Spillman, Rita Marti, Alvin W. Abbott, Kathy
Abbott, Diana Collins, Dave Collins v. South Fork Gun Club – The
Board found that respondent violated Section 24 of the
Environmental Protection Act (Act) (415 ILCS 5/24 (2000),
amended by
P.A. 92-0574, eff. June 26, 2002), and 35 Ill. Adm
.
Code 900.102 of the Board’s noise pollution regulations. The
Board ordered the respondent to pay a total civil penalty of $3,000
and to cease and desist from further violations of the Act.
5-1
Marovitz
dissented
Citizens
N-E
PCB 01-29
People of the State of Illinois v. Kiehl Engineering Company, Inc.
6-0
2
d/b/a Thomas Foster Group, Inc. and United Plastics Group, Inc. –
In this air enforcement action concerning a DuPage 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)
(2000),
amended by
P.A. 92-0574, eff. June 26, 2002), accepted a
final stipulation and settlement agreement, ordered the respondents
to pay a total civil penalty of $175,000, and to cease and desist
from further violations.
A-E
PCB 01-129
Mac Investments d/b/a Olympic Oldsmobile v. Office of the State
Fire Marshal – The Board reversed the Office of the State Fire
Marshal’s determination assessing of a second $15,000 deductible
for the site and found that there should be no second deductible
charged for or in connection with the sixth tank located on the site.
6-0
UST
Appeal
Motions and Other Matters
PCB 96-143
People of the State of Illinois v. Michel Grain Company, Inc. d/b/a
Michel Fertilizer, Caryle Michel, Ronnie Todd, and Ronnie Todd
Land Trust – No action taken.
W-E
PCB 97-89
People of the State of Illinois v. API Industries, 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.
6-0
A-E
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. – No action taken.
L&W-E
PCB 98-55
Donald McCarrell and Ann McCarrell v. Air Distribution
Associates, Inc. – No action taken.
Citizens
L-E
PCB 00-110
People of the State of Illinois v. Joe Decicco Demolition, Inc. – No
action taken.
A-E
3
PCB 00-133
John M. Giertych v. 4T’s Management, L.L.C. – The Board
accepted the parties’ agreed stipulation of dismissal and dismissed
this citizen noise enforcement action involving a Kankakee County
facility.
6-0
Citizens
N-E
PCB 02-164
Barbara and Ronald Stuart v. Franklin Fisher – The Board granted
complainants’ motion to file an amended complaint and accepted
the amended complaint for hearing. No action was taken on the
County of Will’s motion to intervene.
6-0
Citizens
N-E
PCB 02-225
Janet Wagner v. Lisa Parenchio and Jim Weihsmantel – The Board
granted complainant’s motion to dismiss this citizen noise
enforcement action involving a Cook County facility.
6-0
Citizens
N-E
PCB 03-9
Piasa Motor Fuels v. IEPA – Respondent’s motion for extension of
time to file the administrative record was referred to the hearing
officer for disposition.
P-A, Land
PCB 03-16
King’s 66 Service Station v. IEPA – Respondent’s motion for
extension of time to file the administrative record was referred to
the hearing officer for disposition.
P-A, Land
PCB 03-19
Shearon, 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
McHenery County facility.
6-0
UST Fund
PCB 03-28
Premcor Refining Group 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 Jackson County facility.
6-0
UST Fund
PCB 03-30
Jim Siddiqui Property 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
Appeal
4
PCB 03-53
People of the State of Illinois v. Northern Building Concepts, Inc.
and Landscape Concepts Construction, Inc. – Respondent’s motion
for extension of time to file an answer to complaint was referred to
the hearing officer for disposition.
W-E
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.
UST-E
PCB 03-74
People of the State of Illinois v. City of Georgetown and T.K.
Fleming Construction, 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 Vermilion County facility, the
Board ordered publication of the required newspaper notice.
6-0
PWS-E
PCB 03-76
Thornton Oil Corporation #17 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 Fund
PCB 03-77
Chrisman Farm Center 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 Edgar County facility.
6-0
UST Fund
PCB 03-79
Carter Convenience Store 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 White County facility.
6-0
UST Fund
PCB 03-80
Hamland Acres, Inc. v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Hamland Acres, Inc.
located in Effingham County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2000)).
6-0
T-C
PCB 03-81
Lloyd Milles Farm, Inc. v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
6-0
T-C
5
found and certified that specified facilities of Lloyd Milles Farms,
Inc. located in Lee County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2000)).
PCB 03-82
PPG Industries, Inc. v. IEPA – The Board accepted for hearing this
permit appeal involving a Macon County facility.
6-0
P-A, Air
PCB 03-83
Tri-Town Service, 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 Cook County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-84
Mac’s Convenience Stores, L.L.C. 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 Kankakee County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-85
Biggs Brothers Service 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 Madsion County facility.
6-0
UST
Appeal
90-Day
Ext.
CASES PENDING DECISION
PCB 03-31
PCB 03-33
PCB 03-35
County of Kankakee and Edward D. Smith, State’s Attorney of
Kankakee County v. City of Kankakee, Illinois, The City Council,
Town and Country Utilities, Inc., and Kankakee Regional Landfill,
L.LC.; Byron Sandberg v. The City of Kankakee, Illinois City
Council, Town and Country Utilities, Inc. and Kankakee Regional
Landfill, L.L.C.; Waste Management of Illinois v. City of
Kankakee, Illinois, City Council, Town and Country Utilities, Inc.
and Kankakee Regional Landfill, L.L.C. – (due 1/18)
P-C-F-S-R
Third
Party
6
OTHER ITEMS
The Chairman’s motion under Section 2(a)(4) of the Open
Meetings Act to cancel the December 26, 2002 Closed Deliberative
Session and reschedule it for January 2, 2003 at 10:00 a.m. was
adopted by a vote of 6-0.
ADJOURNMENT
Chairman Manning wished the Pollution Control Board Members and staff well on her
departure. Member Girard expressed appreciation for Chairman Manning’s service to the Board
and the people of the State of Illinois
.
Moved and seconded, by a vote of 6-0, Chairman Manning adjourned the meeting at
11:56 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on January 9, 2003 by a vote of 5-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
7
