FEBRUARY 6, 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.
ROLL CALL
The Clerk of the Board called the roll. All Board Members were present.
APPROVAL OF MINUTES
Minutes of the January 23, 2003 meeting were approved by a vote of 6-0, Member Padovan
abstained.
RULEMAKINGS
R98-11
In the Matter of: Amendments to 35 Ill. Adm. Code 501 through
504 : Agriculture Related Pollution (Management of Livestock
Waste) – On its own motion, the Board dismissed this docket to
amend the Board’s livestock waste rules.
7-0
R, Land
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
R02-10
In the Matter of: Amendments to General Permitting Provisions for
Portable Emission Units: Amendments to 35 Ill. Adm. Code 201 –
The Board adopted a final opinion and order in this matter to amend
the Board’s air regulations.
7-0
R, Air
R03-12
In the Matter of: UST Update, USEPA Amendments (July 1, 2002
through December 31, 2002) – The Board dismissed this reserved
identical-in-substance docket because the United States
Environmental Protection Agency did not amend its exemptions
from the definition of underground storage tank regulations
regulations during the update period of July 1, 2002 through
December 31, 2002.
7-0
R, Land
R03-14
In the Matter of: Definition of VOM Update, USEPA Amendments
(July 1, 2002 through December 31, 2002) – The Board dismissed
this reserved identical-in-substance docket because the United
States Environmental Protection Agency did not amend its
exemptions from the definition of volatile organic material
regulations during the update period of July 1, 2002 through
December 31, 2002.
7-0
R, Air
R03- 16
UIC Update, USEPA Amendments (July 1, 2002 through
December 31, 2002) - The Board dismissed this reserved identical-
in-substance docket because the United States Environmental
Protection Agency did not amend its underground injection control
regulations during the update period of July 1, 2002 through
December 31, 2002.
7-0
R, Land
R03-17
RCRA Subtitle D (Municipal Solid Waste Landfill) Update,
USEPA Amendments (July 1, 2002 through December 31, 2002) -
The Board dismissed this reserved identical-in-substance docket
because the United States Environmental Protection Agency did not
amend its non-hazardous waste regulations during the update
period of July 1, 2002 through December 31, 2002.
7-0
R, Land
3
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 – The Board
ordered this Will County petitioner to file an amended petition
curing noted deficiencies by May 7, 2003, or this action will be
dismissed.
7-0
Water
ADMINISTRATIVE CITATIONS
AC 03-14
IEPA v. James Qualls – The Board found that this Clay County
respondent violated Section 21(p)(1), (5), (7) of the Act (415 ILCS
5/21(p)(1), (5), (7) (2002) and ordered respondent to pay a civil
penalty of $4,500
.
6-1
Girard
dissented
AC 03-15
IEPA v. Paul Rider – The Board accepted for hearing this petition
for review of an administrative citation against this McLean County
respondent.
7-0
AC 03-20
IEPA v. Manzell Lawson, Sr. – The Board accepted an
administrative citation against this Peoria County respondent.
ADJUDICATORY CASES
Decisions
PCB 00-160
ESG Watts, Inc. (Sangamon Valley Landfill) v. IEPA – The Board
dismissed the petition for hearing as moot, based on events
occurring following remand of this case to the Board by the
Appellate Court.
7-0
P-A, Land
PCB 00-163
David and Jacquelyn McDonough v. Gary Robke – The Board
previously found that respondent violated Section 24 of the Illinois
Environmental Protection Act (415 ILCS 5/24 (1996)) and 35 Ill.
Adm. Code 900.102. In its final order, the Board ordered
respondent to take certain remedial actions to alleviate the noise
emissions reaching complainants’ residence.
6-1
Tristano
dissented
Citizens
N-E
4
PCB 02-21
People of the State of Illinois v. J&F Hauling, Inc. – The Board
previously found respondent in violation of Sections 21(a), (d)(1)
and (2), (e), and (p)(1), and 55(a) of the Environmental Protection
Act (415 ILCS 5/21(a),(d)(1) and (2),(e),(p)(1) and 55(a) (2000))
and 35 Ill. Adm. Code 722.111, 808.121, and 812.101(a). In this
interim order, the Board concluded that respondent must pay a civil
penalty of $60,000 for violating the above hazardous waste and
special waste provisions of the Act and the Board’s regulations.
Complainant must file an affidavit in support of any claimed costs
and attorney fees by February 20, 2003, and respondent has 14 days
after being served with the affidavit to respond to the complainant’s
claimed costs and attorney fees.
7-0
RCRA-E
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 – The Board granted complainant’s motion to strike
respondent Todd’s affirmative defenses. The Board granted in part
complainant’s motion to strike respondents’ Michel Grain and
Michel’s affirmative defenses.
7-0
W-E
PCB 99-187
Gina Pattermann, Lisa Collins, and Deen Collins v. Boughton
Trucking and Materials, Inc. – No action taken.
A&N-E
5
PCB 00-103
People of the State of Illinois v. Mano Negra Wrecking Corporation
f/k/a Mano Negra Corporation and Fernando O. Zamora
individually and as president of Mano Negra Wrecking 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.
7-0
A-E
PCB 02-47
Pacella & Sons v. IEPA – The Board granted petitioner’s motion
for voluntary dismissal of these underground storage tank appeals
involving a Jersey County facility.
7-0
UST Fund
PCB 02-162
People of the State of Illinois v. Fox Valley Dry Wall, Inc. – No
action taken.
L-E
PCB 03-50
East Side Shell v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Fulton County facility.
7-0
UST
Appeal
PCB 03-51
People of the State of Illinois v. Draw Drape Cleaners, Inc. – No
action taken.
A-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.
Citizens
UST-E
PCB 03-57
Leslie C. Ko 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
Williamson County facility.
7-0
UST
Appeal
PCB 03-58
Pechiney Plastic Packaging, Inc. v. IEPA – The Board accepted for
hearing this permit appeal involving a Kane County facility.
7-0
P-A, Air
6
PCB 03-59
Midwest Petroleum Co. d/b/a Godfrey Sunoco v. IEPA – The
Board accepted for hearing this underground storage tank appeal
involving a Madison County facility.
7-0
UST
Appeal
PCB 03-60
V.W. Bowman Oil Company v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a Union
County facility.
7-0
UST
Appeal
PCB 03-61
Brock Oil Company (Normal) v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a McLean
County facility.
7-0
UST
Appeal
PCB 03-62
Brock Oil Company (Hoopeston) v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a Vermilion
County facility.
7-0
UST
Appeal
PCB 03-63
Goben Oil Company 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 Clark County facility.
7-0
UST
Appeal
PCB 03-82
PPG Industries, Inc. v. IEPA – The Board granted petitioner’s
motion to stay effectiveness of this appealed CAAPP permit.
7-0
P-A, Air
PCB 03-95
Abitec Corporation v. IEPA – The Board denied petitioner’s motion
to stay effectiveness of this appealed CAAPP permit.
7-0
P-A, Air
7
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
found that the alleged violations of Sections 23 through 25 of the
Environmental Protection Act (Act) (415 ILCS 5/23-25 (2002)) as
well as Section 900.102 (35 Ill. Adm. Code 900.102) and Section
901.104 (35 Ill. Adm. Code 901.104) of the Board’s noise rules
were neither duplicative nor frivolous with regard to Clayton
Moushon and Carri Scharf Trucking and Materials. The Board
accepted those allegations involving a Tazewell County facility for
hearing. The Board found that complainants’ complaint failed to
state a cause of action against the City of East Peoria, Mayor Chuck
Dobbelaire, and the City Administrator James Thomas Brimberry,
and dismissed them from this action. The alleged violations of
Sections 23 through 25 of the Act (415 ILCS 5/23-25 (2002)) were
determined to be frivolous, and the Board dismissed them from the
complaint. enforcement action involving a Peoria County facility.
Citizens
N-E
PCB 03-98
Nielsen & Bainbridge, L.L.C. v. IEPA – 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.
7-0
P-A, Air
PCB 03-106
Village of South Elgin v. Waste Management of Illinois, Inc. – No
action taken.
Citizens
L-E
PCB 03-108
People of the State of Illinois v. Village of Keensburg and David
Dallas d/b/a Dallas Consulting , Engineering-Surveying – 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 Wabash County facility, the
Board ordered publication of the required newspaper notice.
7-0
PWS-E
PCB 03-109
Fred Sierzega 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.
7-0
UST
Appeal
90-Day
Ext.
8
PCB 03-110
Talcott Building Partnership v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a Cook
County facility. No action taken on respondent’s motion for
extension of time to file the administrative record.
7-0
UST
Appeal
PCB 03-111
New Dominion Farms of Illinois, Inc. v. IEPA – Upon receipt of
the Illinois Environmental Protection Agency’s recommendation,
the Board found and certified that specified facilities of New
Dominion Farms of Illinois, Inc. located in Schuyler County are
pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10
(2002)).
7-0
T-C
PCB 03-112
F2, 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 Williamson County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-113
Clark Oil Station #1655 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 Vermilion County facility.
7-0
UST Fund
90-Day
Ext.
PCB 03-114
Village of Karnak 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 Pulaski County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-115
David B. Haworth v. Coresaw Log & Lumber, Inc. – The Board
held for a later duplicative/frivolous determination this citizen’s
noise enforcement action involving a Marshall County facility.
Citizens
N-E
9
PCB 03-116
William Breuer 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.
7-0
UST
Appeal
90-Day
Ext.
CASES PENDING DECISION
R03-9
In the Matter of: Noise Rule Update: Amendments to 35 Ill. Adm.
Code 901 – Pre-hearing Opinion and Order
R, Noise
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
ADJOURNMENT
Moved and seconded, by a vote of 7-0, 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 February 20, 2003 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
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