ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
OCTOBER 6, 2005 SPRINGFIELD OFFICE
1021 N. Grand Avenue East
Conference Room 1244 N, First Floor
11:00 A.M.
ANNOUNCEMENTS
After calling the meeting to order, Member Girard welcomed members of the public and staff.
ROLL CALL
The Clerk of the Board, by her designee Connie Newman, called the roll.
All Board Members
answered present except for Chairman Novak who was absent.
APPROVAL OF MINUTES
Minutes of the September 15, 2005 meeting were approved by a vote of 4-0.
RULEMAKINGS
R06-10
In the Matter of: Proposed Amendments to Tiered Approach to
Corrective Action Objectives (35 Ill. Adm. Code 742) – No action
taken.
R, Land
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 – No action taken.
Land
ADMINISTRATIVE CITATIONS
AC 04-78
IEPA v. Daniel Pauley – In response to a joint stipulation and
settlement agreement in this administrative citation action involving
a St. Clair County facility, the Board found that respondent had
violated Section 21(p)(3) of the Environmental Protection Act (415
ILCS 5/21(p)(3) (2004)) 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) (1), (p)(4) (2004).
4-0
AC 05-2
IEPA v. Lester Smith – The Board granted respondent’s motion to
withdraw his August 17, 2004 petition for review. The Board found
that this Massac 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
.
4-0
AC 05-29
IEPA v. Charles L. Riggins – The Board granted respondent’s
motion to withdraw his November 3, 2004 petition for review. The
Board found that this Mason County respondent violated Sections
21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2004)), and ordered
respondent to pay a civil penalty of $1,500
.
4-0
AC 05-74
IEPA v. Linda Holmes – The Board granted complainant’s motion
4-0
2
for voluntary dismissal of this administrative citation.
AC 06-4
County of Perry v. Charles Tilley – The Board found that this Perry
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
.
4-0
AC 06-5
County of Perry v. Debbie Melvin – The Board found that this
Perry 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
.
4-0
AC 06-6
County of Perry v. Joseph Gassell – The Board found that this
Perry 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
.
4-0
AC 06-7
County of Perry v. William Campbell, Jr. – The Board found that
this Perry 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
.
4-0
ADJUDICATORY CASES
Decisions
PCB 04-84
People of the State of Illinois v. Paramount Developers, Inc. – In
this water 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)
(2004)), accepted a stipulation and settlement agreement, and
ordered the respondent to pay a total civil penalty of $12,000, and
to cease and desist from further violations.
4-0
W-E
3
PCB 05-149
People of the State of Illinois v. Truserv Corporation d/b/a True
Value Manufacturing Company – In this air enforcement action
concerning a Cook 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) (2004)), accepted a stipulation
and settlement agreement, and ordered the respondent to pay a total
civil penalty of $30,000, and to cease and desist from further
violations.
4-0
A-E
PCB 05-221
People of the State of Illinois v. Ron Freeman individually and
d/b/a Harbor Lites-Pistakee Fishing Club – In this public water
supply enforcement action concerning a Lake 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)
(2004)), accepted a stipulation and settlement agreement, and
ordered the respondent to pay a total civil penalty of $3,000, and to
cease and desist from further violations.
4-0
PWS-E
PCB 06-5
People of the State of Illinois v. GKN Aerospace North America,
Inc. – In this land enforcement action concerning a St. Clair 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) (2004)), accepted a stipulation and settlement agreement,
and ordered the respondent to pay a total civil penalty of $22,000,
and to cease and desist from further violations.
4-0
L-E
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 99-134
People of the State of Illinois v. Peabody Coal Company, L.L.C. –
The Board granted respondent’s motion to substitute party.
4-0
W-E
4
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 02-64
McNeill Twins Oil Company v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Whiteside County facility.
4-0
UST
Appeal
PCB 02-105
Board of Trustees of Southern Illinois University Governing
Southern Illinois University, Edwardsville v. IEPA – The Board
denied respondent’s motion for reconsideration of its August 4,
2005 Board Order, ordering the Agency to issue an NPDES permit,
subject to condition.
4-0
P-A,
NPDES
PCB 02-158
Village of Findlay v. IEPA – The Board granted petitioner’s motion
for voluntary dismissal of this permit appeal involving a Shelby
County facility.
4-0
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 03-191
People of the State of Illinois v. Community Landfill Company,
Inc. and the City of Morris – No action taken.
L-E
PCB 04-10
PCB 04-11
(cons.)
Illinois State Toll Highway Authority (Belvidere North CACR) v.
IEPA – The Board granted petitioner’s motion for voluntary
dismissal of these consolidated underground storage tank appeals
involving a Boone County facility.
4-0
UST
Appeal
5
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 04-185
Midwest Generation EME, L.L.C. v. IEPA – No action taken.
T-S
Appeal
PCB 04-215
Commonwealth Edison Company v. IEPA – No action taken.
T-S
Appeal
PCB 04-216
Midwest Generation EME, L.L.C. v. IEPA – No action taken.
T-S
Appeal
PCB 05-28
People of the State of Illinois v. Color Communications, 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.
4-0
A-E
PCB 05-36
Bunker Hill Amoco v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Macouoin County facility.
4-0
UST
Appeal
PCB 05-49
Morton F. Dorothy v. Flex-N-Gate Corporation – No action taken.
A&L-E
PCB 05-95
People of the State of Illinois v. Wienmar, 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 Kane County facility, the Board
ordered publication of the required newspaper notice.
4-0
A-E
6
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 05-193
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 05-208
Robert Bennett 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 Lake
County facility.
4-0
UST
Appeal
PCB 05-209
Larry’s Automotive 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 Madison County facility.
4-0
UST
Appeal
PCB 05-215
People of the State of Illinois v. First Rockford Group, Inc., Village
of Cherry Valley, Heritage Engineering, Ltd, and Schlichting &
Sons Excavating, 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 Winnebago County facility, the Board ordered
publication of the required newspaper notice.
4-0
PWS-E
PCB 06-11
Silbrico Corporation v. IEPA – No action taken.
L-V
PCB 06-13
St. Francis Pet Crematory & Kennels, Inc. v. IEPA – The Agency
September 15, 2005 Motion for Leave to Supplement
Administrative Record and Administrative Record Index and
Supplement was referred to the hearing officer for disposition.
P-A, Land
7
PCB 06-18
Gold Star FS, Inc. (Lyndon Facility) (Property Identification No.
15-15-302-006) v. IEPA – Because the Board did not receive any
petition for review of the Agency’s recommendation to deny
certification, consistent with the Agency’s recommendation, the
Board declined to certify that certain Gold Star FS, Inc. facilities
are pollution control facilities and dismissed this matter.
4-0
T-C
PCB 06-21
Gold Star FS, Inc. (Erie Facility) (Property Identification No. 20-
05-152-005) v. IEPA – Because the Board did not receive any
petition for review of the Agency’s recommendation to deny
certification, consistent with the Agency’s recommendation, the
Board declined to certify that certain Gold Star FS, Inc. facilities
are pollution control facilities and dismissed this matter.
4-0
T-C
PCB 06-23
Okawville Farmers Elevator Co. (Property Identification No. 12-
06-20-478-013) v. IEPA – Because the Board did not receive any
petition for review of the Agency’s recommendation to deny
certification, consistent with the Agency’s recommendation, the
Board declined to certify that certain Okawville Farmers Elevator
Co. facilities are pollution control facilities and dismissed this
matter.
4-0
T-C
PCB 06-25
William Breuer v. IEPA – The Board granted petitioner’s motion to
amend his petition for review of final Agency Leaking
Underground Storage Tank Decision and accepted the amended
petition.
4-0
UST
Appeal
PCB 06-42
People of the State of Illinois v. Waste Management of Illinois, Inc.
– The Board accepted for hearing this land enforcement action
involving a site located in Lee County.
4-0
L-E
PCB 06-43
Sangamon Valley Farm Supply v. IEPA and Village of Saybrook,
Illinois – The Board accepted for hearing this petition for water
well setback exception involving a site located in McLean County.
4-0
WWS
8
PCB 06-44
People of the State of Illinois v. Weis Builders, Inc. – The Board
accepted for hearing this public water supply enforcement action
involving a site located in Will County.
4-0
PWS-E
PCB 06-45
People of the State of Illinois v. Ecolab, Inc. and Charles A.
Winslett – The Board accepted for hearing this land and water
enforcement action involving a site located in Tazewell County.
4-0
L&W-E
PCB 06-46
People of the State of Illinois v. Osborne Homes, Inc. – The Board
accepted for hearing this water enforcement action involving a site
located in Madison County.
4-0
W-E
PCB 06-47
Eaves Auto Repair 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 Ford County facility.
4-0
UST
Appeal
90-Day
Ext.
CASES PENDING DECISION
R06-5
R06-6
R06-7
(cons.)
In the Matter of: UIC Corrections, USEPA Amendments (January
1, 2005 through June 30, 2005); In the Matter of: RCRA Subtitle D
Update, USEPA Amendments (January 1, 2005 through June 30,
2005); In the Matter of: RCRA Subtitle C Update, USEPA
Amendments (January 1, 2005 through June 30, 2005) – Proposed
Rule, Proposal for Public Comment, Opinion and Order
Girard
R, Land
OTHER ITEMS
9
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Member Girard adjourned the meeting at 11:33
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on October 20, 2005, by a vote of.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
10