JANUARY 23, 2003
CHICAGO OFFICE
CONFERENCE ROOM 11-512
11:00 A.M.
ANNOUNCEMENTS
After calling the meeting to order, Chairman Johnson welcomed members of the public and staff
to the meeting.
ROLL CALL
The Clerk of the Board called the roll. All Board Members answered present except for Board
Members Padovan who was absent and Marovitz who arrived to join the Board’s decision of
R03-19 and latter actions.
APPROVAL OF MINUTES
Minutes of the January 9, 2003 meeting were approved by a vote of 4-0, Member Karpiel
abstained.
RULEMAKINGS
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 – The Board adopted a first notice opinion
and order in this matter to amend the Board’s air regulations.
5-0
R, Air
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
R03-19
In the Matter of: Proposed Amendments to Public Participation
Rules in 35 Ill. Adm. Code Part 309 NPDES Permits and
Permitting Procedures – The Board accepted for hearing the
Environmental Law and Policy Center of the Midwest, Illinois
Chapter of the Sierra Club, the Prairie Rivers Network, and 225
citizen petitioners’ January 13, 2003 proposal to amend the Board’s
water pollution control regulations.
6-0
R, Water
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 – No action
taken.
Water
ADMINISTRATIVE CITATIONS
AC 03-17
IEPA v. Village of Metamora – The Board accepted an
administrative citation against this Woodford
County respondent.
AC 03-18
IEPA v. Jerry Summers – The Board accepted an administrative
citation against this Fayette
County respondent.
AC 03-19
IEPA v. Harley Lafary d/b/a Lafary Construction, Harris Lafary
and Larry Payne, Sr. – The Board accepted an administrative
citation against these McDonough
County respondents.
ADJUDICATORY CASES
Decisions
PCB 97-89
People of the State of Illinois v. API Industries, Inc. – 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) (2002),
accepted a final stipulation and settlement agreement, and ordered
the respondent to pay a total civil penalty of $50,000, and to cease
and desist from further violations.
6-0
A-E
3
PCB 01-135
People of the State of Illinois v. Patrick Robert Land Trust – The
Board entered an order requiring respondent to reimburse
the
Office of the Attorney General $2,730.90 for attorney fees. This
order follows the Board's interim order of September 19, 2002,
which found that this respondent had violated Sections 12(a) and
21(a), (d), and (p) of the Act (415 ILCS 5/12(a), 21(a), (d), (p)
(2002) and 35 Ill. Adm. Code 812.101(a) and assessed a penalty of
$12,000.
5-1
Marovitz
dissented
L-E
PCB 01-150
People of the State of Illinois v. Marc Development Corporation
and Silver Glen Estates Homeowners’ Association – In this water
enforcement action concerning a Kane 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)),
and accepted a final stipulation and settlement agreement for the
Silver Glen Estates Homeowners’ Association (Silver Glen) only.
Silver Glen was ordered to pay a civil penalty of $2,000. Silver
Glen was ordered to cease and desist from further violations. This
matter shall proceed against the remaining respondent, Marc
Development Corporation.
6-0
W-E
PCB 03-39
Mineral Solutions, Inc. v. IEPA – The Board struck as unnecessary
to accomplish the purpose of the Environmental Protection Act
(Act) a temporary waste suspension permit condition that required
petitioner to submit proof of local siting approval pursuant to
Section 39.2 of the Act (415 ILCS 5/39.2 (2002)) prior to accepting
more waste. The Board remanded the permit to the Illinois
Environmental Protection Agency to issue the permit consistent
with this opinion and order.
6-0
P-A, Land
PCB 03-74
People of the State of Illinois v. City of Georgetown & T.K.
Fleming Construction, Inc. – In this public water supply
enforcement action concerning a Vermilion 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)), and accepted a final stipulation and settlement agreement
for the City of Georgetown (Georgetown) only. Georgetown was
ordered to pay a civil penalty of $500. Georgetown was ordered to
cease and desist from further violations. This matter shall proceed
against the remaining respondent, T.K. Fleming Construction, Inc.
6-0
PWS-E
4
Motions and Other Matters
PCB 95-78
Vogue Tyre & Rubber Company v. Office of the State Fire Marshal
– The Board denied petitioner’s motion to reconsider the Board’s
December 5, 2002 decision.
6-0
P-A, Land
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 98-80
People of the State of Illinois v. Craig Linton and Randall G. Rowe
– Respondent’s attorney’s motion to withdraw as counsel was
referred to the hearing officer for disposition.
L-E
PCB 01-2
People of the State of Illinois v. National Material L.P. d/b/a
National Lamination Company, and NM Holding, Inc. – The Board
granted complainant’s motion for leave to file an amended
complaint and accepted the first amended complaint for hearing.
6-0
A-E
PCB 02-56
People of the State of Illinois v. Chiquita Processed Foods, L.L.C. –
No action taken.
W-E
PCB 02-77
People of the State of Illinois v. Millenium Recycling & Solid
Waste Consultants, Inc. – The Board granted an attorney’s motion
to withdraw as counsel for respondent.
6-0
L-E
PCB 02-157
David L. & Rachel B. Weber v. Cisco Methodist Church – The
Board granted complainants’ motion to dismiss this noise
enforcement action involving a Piatt County facility.
6-0
N-E
5
PCB 02-162
People of the State of Illinois v. Fox Valley Dry Wall, Inc. – No
action taken.
L-E
PCB 02-164
Barbara and Ronald Stuart v. Franklin Fisher – The Board denied
the County of Will’s motion to intervene.
6-0
Citizens
N-E
PCB 03-36
D&R Service v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Randolph County
facility.
6-0
UST
Appeal
PCB 03-48
Mueller Shell , Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a St. Clair County
facility.
6-0
UST
Appeal
PCB 03-49
Karco, 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 Jackson
County facility.
6-0
UST
Appeal
PCB 03-51
People of the State of Illinois v. Draw Drape Cleaners, Inc. – No
action taken.
A-E
PCB 03-54
Freedom Oil Company v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving an Edgar County
facility.
6-0
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 – The Board denied the City of Chicago’s (City) motion to
intervene, noting that the City could file its own enforcement
action.
6-0
Citizens
UST-E
6
PCB 03-56
Freedom Oil Company v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving an Edgar County
facility.
6-0
UST
Appeal
PCB 03-82
PPG Industries, Inc. v. IEPA – No action taken.
P-A, Air
PCB 03-95
Abitec Corporation v. IEPA – No action taken.
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 duplicative/frivolous determination this citizen’s
noise enforcement action involving a Tazewell County facility.
Citizens
N-E
PCB 03-98
Nielsen & Bainbridge, L.L.C. v. IEPA – The Board accepted for
hearing this air permit appeal involving a Cook County facility. No
action was taken on petitioner’s request for stay of CAAPP permit.
6-0
P-A, Air
PCB 03-99
Sather Enterprises, Ltd. 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 Dewitt County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-100
People of the State of Illinois v. National Container Services
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 Cook County
facility, the Board ordered publication of the required newspaper
notice.
6-0
A-E
PCB 03-101
People of the State of Illinois v. Werner Co. – The Board accepted
for hearing this air enforcement action involving a Cook County
facility.
6-0
A-E
PCB 03-102
U.S. Department of Energy v. IEPA – The Board granted this 6-0
7
request for a 90-day extension of time to file a permit appeal on
behalf of this DuPage County facility.
P-A,
RCRA
90-Day
Ext.
PCB 03-103
Eugene J. and Ruth A. Brummer-Dieterich v. IEPA – Upon receipt
of the Illinois Environmental Protection Agency’s recommendation,
the Board found and certified that specified facilities of Eugene J.
and Ruth A. Brummer-Dieterich 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
(2002)).
6-0
T-C
PCB 03-104
Waste Management of Illinois, Inc. v. County Board of Kane
County, Illinois – The Board accepted for hearing this pollution
control facility sitting appeal involving a Kane County facility.
6-0
P-C-F-S-R
PCB 03-105
Freedom Oil Company v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving an Edgar County
facility.
6-0
UST
Appeal
PCB 03-106
Village of South Elgin v. Waste Management of Illinois, Inc. – The
Board held for a later duplicative/frivolous determination this
citizen’s land enforcement action involving a Kane County facility.
Citizens
L-E
PCB 03-107
Willaredt Oil 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 Macon County facility.
6-0
UST
Appeal
90 Day
Ext.
CASES PENDING DECISION
8
PCB 03-43
PCB 03-52
(Cons.)
Landfill 33, LTD. v. Effingham County Board and Sutter Sanitation
Services; Stock & Company, L.L.C. v. Effingham County Board
and Sutter Sanitation Services (due 2/20)
P-C-F-S-R
3d Party
OTHER ITEMS
Chairman’s Motion to Correct 2003 Deliberative Session Dates:
May 6 to May 8, and December 9 to December 11 was adopted by
a vote of 6-0.
ADJOURNMENT
Moved and seconded, by a vote of 6-0, 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.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
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