JANUARY 9, 2003
Chicago/Springfield Videoconference
CHICAGO OFFICE – 100 W. Randolph Street
Video Conference Room 11-512
and
SPRINGFIELD OFFICE – 600 South Second Street
Video Conference Room 402
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 then introduced recently appointed Board Member Lynne P.
Padovan.
ROLL CALL
The Clerk of the Board called the roll. All Board Members were present. Board Member Lynne
P. Padovan was present but did not vote.
APPROVAL OF MINUTES
Minutes of the December 19, 2002 meeting were approved by a vote of 5-0.
RULEMAKINGS
R03-7
In the Matter of: RCRA Subtitle C Update, USEPA Amendments
(January 1, 2002 through June 30, 2002) – The Board adopted a
final opinion and order in this “identical-in-substance” rulemaking
to amend the Board’s hazardous waste regulations.
5-0
R, Land
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
R03-12
In the Matter of: UST Update, USEPA Amendments (July 1, 2002
through December 31, 2002) – The Board reserved this docket for a
routine identical-in-substance update. The update includes any
federal amendments which occurred during the period of July 1,
2002, through December 31, 2002.
R, Land
R03-13
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (July 1, 2002 through December 31, 2002) – The
Board reserved this docket for a routine identical-in-substance
update. The update includes any federal amendments which
occurred during the period of July 1, 2002, through December 31,
2002.
R, Water
R03-14
In the Matter of: Definition of VOM Update, USEPA Amendments
(July 1, 2002 through December 31, 2002) – The Board reserved
this docket for a routine identical-in-substance update. The update
includes any federal amendments which occurred during the period
of July 1, 2002, through December 31, 2002.
R, Air
R03-15
SWDA Update, USEPA Amendments (July 1, 2002 through
December 31, 2002) – The Board reserved this docket for a routine
identical-in-substance update. The update includes any federal
amendments which occurred during the period of July 1, 2002,
through December 31, 2002.
R, PWS
R03- 16
UIC Update, USEPA Amendments (July 1, 2002 through
December 31, 2002) - The Board reserved this docket for a routine
identical-in-substance update. The update includes any federal
amendments which occurred during the period of July 1, 2002,
through December 31, 2002.
R, Land
R03-17
RCRA Subtitle D (Municipal Solid Waste Landfill) Update,
USEPA Amendments (July 1, 2002 through December 31, 2002) -
The Board reserved this docket for a routine identical-in-substance
update. The update includes any federal amendments which
occurred during the period of July 1, 2002, through December 31,
2002.
R, Land
R03-18
RCRA Subtitle C (Hazardous Waste) Update, USEPA
R, Land
3
Amendments (July 1, 2002 through December 31, 2002) - The
Board reserved this docket for a routine identical-in-substance
update. The update includes any federal amendments which
occurred during the period of July 1, 2002, through December 31,
2002.
ADJUSTED STANDARDS
AS 03-1
In the Matter of: Petition of Exelon Generation Company for and
Adjusted Standard from 35 Ill. Adm. Code 302.208 – Pending
receipt of the certificate of publication, the Board held this Will
County facility’s petition for an adjusted standard from the Board’s
water pollution control regulations.
Water
ADMINISTRATIVE CITATIONS
AC 03-13
IEPA v. Dan Cadwallader – The Board accepted for hearing this
petition for review of an administrative citation against this Putnam
County respondent.
5-0
AC 03-14
County of Jackson v. James Qualls – The Board accepted an
administrative citation against this Jackson
County respondent.
AC 03-15
IEPA v. Paul Rider – The Board accepted an administrative citation
against this McLean
County respondent.
AC 03-16
IEPA v. Terry Stanley – The Board accepted an administrative
citation against this Marshall
County respondent.
ADJUDICATORY CASES
Decisions
PCB 00-140
Gladys L. Knox and David A. Knox v. Turris Coal Company and
AEI Resources, Inc. – The Board found that the respondent did not
violate Section 24 of the Act (415 ILCS 5/24 (2000)) amended by
P.A. 92-0574, eff. June 26, 2002, and 35 Ill. Adm. Code 900.102,
901.102(a) and (b) of the Board’s noise regulations. The Board
dismissed the case and closed the docket.
5-0
Citizens
N-E
PCB 03-31
County of Kankakee and Edward D. Smith, State’s Attorney of
5-0
4
PCB 03-33
PCB 03-35
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. – The Board reversed the
August 19, 2002 decision of the City of Kankakee that granted
Town & Country Utilities, Inc. and Kankakee Regional Landfill’s
application to site a pollution control facility.
P-C-F-S-R
Third
Party
Motions and Other Matters
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt, Co., Edwin
L. Frederick, Jr. individually and as owner and President of Skokie
Valley Asphalt Co., Inc. and Richard J. Frederick, Jr. individually
and as owner and President of Skokie Valley Asphalt Co., Inc. – No
action taken.
W-E
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 97-103
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 99-78
Kiehl Engineering Company, Inc. v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this request for an air
variance involving a DuPage County facility.
5-0
A-V
5
PCB 00-110
People of the State of Illinois v. Joe Decicco Demolition, Inc. – The
Board granted complainant’s motion for summary judgment in part.
The Board found that the respondent violated Section 9.1(d)(1) of
the Environmental Protection Act (415 ILCS 5/9.1(d)(1) (2000)),
and Sections 61.145(b)(3), 61.145(b)(4)(i), 61.145(b)(4)(iii),
61.145(b)(4)(v), and 61.145(b)(4)(ix) of the asbestos National
Emission Standards for Hazardous Air Pollutants (40 C.F.R. §§
61.145(b)(3), 61.145(b)(4)(i), 61.145(b)(4)(iii), 61.145(b)(4)(v),
and 61.145(b)(4)(ix) (2000)). The Board directed this matter to
hearing as expeditiously as practicable on the specific issues of the
appropriate penalty amount, costs, and attorney fees.
5-0
A-E
PCB 01-156
People of the State of Illinois v. Union Pacific Railroad – 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 site in Randolph and Jackson
Counties, the Board ordered publication of the required newspaper
notice.
5-0
A-E
PCB 02-56
People of the State of Illinois v. Chiquita Processed Foods, L.L.C. –
No action taken.
W-E
PCB 02-71
People of the State of Illinois v. FIC America Corporation – 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 DuPage County facility, the
Board ordered publication of the required newspaper notice.
5-0
W-E
PCB 02-116
Rezmar Corporation v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Cook County facility.
4-0
Melas
abstained
UST
Appeal
PCB 02-164
Barbara and Ronald Stuart v. Franklin Fisher – No action taken. Citizens
N-E
6
PCB 03-34
Barry Amoco, Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Pike County facility.
5-0
P-A, Land
PCB 03-37
Illinois Ayers Oil Company v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a Knox
County facility.
5-0
UST
Appeal
PCB 03-41
Newton Community High School v. IEPA – The Board accepted
for hearing this underground storage tank appeal involving a Jasper
County facility.
5-0
UST Fund
PCB 03-44
Pioneer Oil Company v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Christian County
facility.
5-0
UST Fund
PCB 03-46
Mahr’s Sales & Service v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Fulton County
facility.
5-0
UST
Appeal
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.
Citizens
UST-E
PCB 03-86
Herr Petroleum Corporation v. Illinois State Fire Marshal – The
Board accepted for hearing this underground storage tank appeal
involving a Knox County facility.
5-0
UST
Appeal
PCB 03-87
Main Station 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 Macoupin County facility.
5-0
UST
Appeal
90-Day
Ext.
7
PCB 03-88
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.
5-0
UST
Appeal
90-Day
Ext.
PCB 03-89
Wabash Valley 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 Edwards County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 03-90
Chicago Fire Brick 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 Cook County facility.
5-0
UST Fund
90-Day
Ext.
PCB 03-91
Chicago Fire Brick 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 Cook County facility.
5-0
UST Fund
90-Day
Ext.
PCB 03-92
Ralph Johnson 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 Christian County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 03-93
Dean Schneidewind 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 St. Clair County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 03-94
Lone Star Industries, Inc. v. IEPA – The Board accepted for hearing 5-0
8
this air permit appeal involving a LaSalle County facility. The
Board granted petitioners motion to stay effectiveness of CAAPP
permit until the Board’s final action in this matter or until the Board
orders otherwise.
P-A, Air
PCB 03-95
Abitec Corporation v. IEPA – The Board accepted for hearing this
air permit appeal involving an Edgar County facility. No action
was taken on petitioners request for stay of CAAPP permit.
5-0
P-A, Air
PCB 03-96
Martin E. & Kathy L. Geber v. Clayton Moushon, Carri Scharf
Trucking and Materials, City of East Peoria, Mayor Chuck
Dobbelaire, and City Administrator James Brimberry – The Board
held for a later duplicitous/frivolous determination this citizen’s
noise enforcement action involving a Peoria County facility.
Citizens
N-E
PCB 03-97
Illinois Department of Transportation 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 Knox County facility.
5-0
UST
Appeal
CASES PENDING DECISION
R02-21
In the Matter of: Petition of Central Illinois Light Company (E.D.
Edwards Generating Station) for a Site-Specific Air Regulation: 35
Ill. Adm. Code 214.561 – Proposed Rule, First Notice, Opinion and
Order
R, Air
PCB 03-39
Mineral Solutions, Inc. v. IEPA (due 1/28)
P-A, Land
OTHER ITEMS
The Chairman’s Motion to Schedule Executive Session to Discuss
COOL Implementation and Other Administrative Issues on January
22, 2003 at 1:30 p.m. in Room 11-512, James R. Thompson Center
was adopted by a vote of 5-0.
9
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Johnson adjourned the meeting at
11:35 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on January 23, 2003 by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
