ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
SEPTEMBER 15, 2005 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.
ROLL CALL
The Clerk of the Board called the roll.
All Board Members answered present.
APPROVAL OF MINUTES
Minutes of the September 1, 2005 meeting were approved by a vote of 5-0.
RULEMAKINGS
R04-26
In the Matter of: Interim Phosphorus Effluent Standard, Proposed
35 Ill. Adm. Code 304.123(g-k) – The Board adopted a second
notice opinion and order in this rulemaking to amend the Board’s
water quality standards regulations.
5-0
R, Water
R05-19
In the Matter of: Proposed Amendments to Exemptions from State
Permitting Requirements (35 Ill. Adm. Code 201.146) – The Board
adopted a first notice opinion and order in this rulemaking to amend
the Board’s air quality standards regulations.
5-0
R, Air
R05-20
In the Matter of: Proposed Amendments to Exemptions from State
Permitting Requirements for Plastic Injection Molding Operations
(35 Ill. Adm. Code 201.146) – The Board adopted a first notice
opinion and order in this rulemaking to amend the Board’s air
quality standards regulations.
5-0
R, Air
ADJUSTED STANDARDS
AS 05-7
In the Matter of: Petition of Waste Management of Illinois, Inc. for
an Adjusted Standard from Subpart D of 35 Ill. Adm. Code 721 and
for RCRA Waste Delisting Under 35 Ill. Adm. Code 720.122 for
Treatment Residual of CID Recycling and Disposal Facility
Biological Liquid Treatment Center – No action taken.
Land
AS 06-1
In the Matter of: Petition of Lafarge Midwest, Inc. for an Adjusted
Standard from 35 Ill. Adm. Code 739.161 Pursuant to 35 Ill. Adm.
Code 720.132 and 720.133 – Pending receipt of the certificate of
publication, the Board held this Cook County facility’s petition for
an adjusted standard from the Board’s regulations.
Land
ADMINISTRATIVE CITATIONS
AC 06-02
County of LaSalle v. Harriet Baugher and John Baugher – The
Board found that these LaSalle 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 06-3
IEPA v. Alva McDowell d/b/a McDowell Auction Services – The
Board found that this Bond County respondent violated Section
21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2004)), and ordered
respondent to pay a civil penalty of $1,500
.
5-0
AC 06-9
County of Perry v. Kevin Tilley – The Board accepted an
administrative citation against this Perry County respondent.
2
ADJUDICATORY CASES
Decisions
None
Motions and Other Matters
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt, Inc., an
Illinois corporation, 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. – No action taken.
W-E
PCB 00-104
People of the State of Illinois v. The Highlands, L.L.C. and Murphy
Farms, Inc. – No action taken.
A-E
PCB 02-77
People of the State of Illinois v. Millenium Recycling & Solid
Waste Consultants, Inc, Sheri Clementi, individually and as
President of Millenium Recycling & Solid Waste Consultants, Inc.,
and Michael Lorence – The Board denied respondent Michael
Lorence’s motion for relief from and review of the Board’s
February 19, 2004 Final Opinion and Order.
5-0
L-E
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 03-191
People of the State of Illinois v. Community Landfill Company,
Inc. and the City of Morris – No action taken.
L-E
3
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 04-209
DiMucci Development Corporation v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Cook County facility.
5-0
UST
Appeal
PCB 04-216
Midwest Generation EME, L.L.C. v. IEPA – No action taken.
T-S
Appeal
PCB 05-49
Morton F. Dorothy v. Flex-N-Gate Corporation – No action taken.
A&L-E
PCB 05-157
Grand Pier Center L.LC. American International Specialty Lines
Insurance Co. as subrogee of Grand Pier Center L.LC, v. River East
L.L.C., Chicago Dock and Canal Trust, Chicago Dock and Canal
Company, and Kerr-McGee Chemical L.L.C. – No action taken.
Citizens
L-E
PCB 05-181
People of the State of Illinois v. Pattison Associates, L.L.C. and
5701 South Calumet L.L.C. – The Board denied respondents’
motion to dismiss counts I-V of the complaint, lifted the stay of the
60-day period to file an answer, and respondents have until October
17, 2005, or 30 days from the date of this order, to answer the
complaint.
5-0
A-E
PCB 05-193
Vernon and Elaine Zohfeld v. Robert Drake, Wabash Valley
Service Company, Michael J. Pfister, Noah D. Horton and Steve
Kinder – No action taken.
Citizens
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 –
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 Winnebago County
facility, the Board ordered publication of the required newspaper
notice.
5-0
W-E
4
PCB 06-04
People of the State of Illinois v. Leonard Foster d/b/a Rivercrest
Mobile Home Park – 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 Kankakee County facility, the Board ordered
publication of the required newspaper notice.
5-0
PWS-E
PCB 06-18
Gold Star FS, Inc. (Lyndon Facility) (Propderty ID No. 15-15-302-
006) v. IEPA – No action taken.
T-C
PCB 06-21
Gold Star FS, Inc. (Erie Facility) (Property ID No. 20-05-152-005)
v. IEPA – No action taken.
T-C
PCB 06-23
Okawville Farmers Elevator Co. (Property ID No. 12-06-20-478-
013) v. IEPA – No action taken.
T-C
PCB 06-33
People of the State of Illinois v. J&S Companies, Inc. and First
Choice Construction, Inc. - The Board accepted for hearing this
land enforcement action involving a site located in Will County.
5-0
L-E
PCB 06-34
Ramsey C.U.S.D. #204 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 Fayette County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 06-35
People of the State of Illinois v. Quantum Color Graphics, L.L.C. –
The Board accepted for hearing this air enforcement action
involving a site located in Cook County.
5-0
A-E
5
PCB 06-36
People of the State of Illinois v. Magellan Pipeline Company, L.P.
– The Board accepted for hearing this land enforcement action
involving a site located in Lee County.
5-0
L-E
PCB 06-37
Illinois State Toll Highway Authority 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.
PCB 06-38
Downtown Shell 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 Bond County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 06-39
Dalee Oil Company (SCCR) 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 Washington County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 06-40
Dalee Oil Company (SCWP/B) 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 Washington County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 06-41
People of the State of Illinois v. Dot Packaging Group – The Board
accepted for hearing this air enforcement action involving a site
located in Kane County.
5-0
A-E
6
CASES PENDING DECISION
None.
OTHER ITEMS
The Board granted Chairman’s motion to change the time of the
September 29, 2005 Closed Deliberative Session from 10:00 AM to
3:00 P.M.
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Novak adjourned the meeting at 11:20
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on October 6, 2005, by a vote of 4-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
7
