FEBRUARY 20, 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 February 6, 2003 meeting were approved by a vote of 7-0.
RULEMAKINGS
R02-20
In the Matter of: Proposed Horween Leather Company Site-
Specific Air Rule, 35 Ill. Adm. Code 218.112 and 218.929 – The
Board adopted a final opinion and order in this matter to amend the
Board’s air regulations, as requested by this Chicago, Cook County
facility.
7-0
R, Air
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
R03-9
In the Matter of: Noise Rule Update: Amendments to 35 Ill. Adm.
Code 901 – The Board adopted an opinion and order proposing for
hearing and public comment amendments to the Board’s noise
regulations.
7-0
R, Noise
R03-20
In the Matter of: Brownfields Site Restoration Program,
Amendments to 35 Ill. Adm. Code 740 – The Board accepted for
hearing the Illinois Environmental Protection Agency’s February
18, 2003 proposal to amend the Board’s site remediation program
regulations as required by recent legislation.
7-0
R, Land
ADJUSTED STANDARDS
AS 03-2
In the Matter of: Petition of Metropolitan Water Reclamation
District of Greater Chicago for an Adjusted Standard from 35 Ill.
Adm. Code 811, 812, and 817, and Modification of AS 95-4
(Sludge Application) – Pending receipt of the certificate of
publication, the Board held this Cook County facility’s petition for
an adjusted standard from the Board’s waste disposal regulations.
Land
ADJUDICATORY CASES
Decisions
PCB 02-18
People of the State of Illinois v. Williamsburg Place of Crete, Inc. –
In this water enforcement action concerning a Will 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 $7,500, and to
cease and desist from further violations.
7-0
W-E
3
PCB 02-41
Milton C. and Virginia L. Kamholz v. Lawrence and Mariane
Sporleder – The Board previously found that respondents violated
Section 24 of the Illinois Environmental Protection Act (415 ILCS
5/24 (2002)) and 35 Ill. Adm. Code 900.102. The Board ordered
the respondents to cease and desist from further violations.
6-1
Tristano
dissented
Citizens
A&N-E
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 – The Board affirmed the September
19, 2002 decision of the Effingham County Board granting
approval for siting of a solid waste transfer station in
unincorporated Effingham County by Sutter Sanitation Services.
7-0
P-C-F-S-R
3d Party
Motions and Other Matters
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt, Co. Inc.,
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 99-113
Midwest Illinois Auto Truck Plaza v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Bond County facility.
7-0
UST
Appeal
PCB 99-134
People of the State of Illinois v. Peabody Coal Company – No
action taken.
W-E
PCB 99-187
Gina Pattermann, Lisa Collins, and Deen Collins v. Boughton
Trucking and Materials, Inc. – The Board granted respondent’s
motion to dismiss complainants Lisa and Deen Collins from this
matter.
7-0
A&N-E
4
PCB 01-70
Midwest Illinois Restaurant & Truck Plaza, Inc. v. IEPA – The
Board granted petitioner’s motion for voluntary dismissal of this
underground storage tank appeal involving a Bond County facility.
7-0
UST
Appeal
PCB 02-162
People of the State of Illinois v. Fox Valley Dry Wall, Inc. – The
Board entered an interim opinion and order granting complainant’s
motions to deem facts admitted and for summary judgment. The
Board found respondent in violation of Sections 57.6 and 57.7(b) of
the Environmental Protection Act (Act) (415 ILCS 5/57.6, 57.7(b)
(2002)), and Sections 732.300(a), 732.100(c), 7and 32.307(b) of the
Board regulations (35 Ill. Adm. Code 732.300(a), 732.100(c),
732.307(b)). The Board directed this matter to hearing as
expeditiously as practicable on the specific issues of the appropriate
penalty amount, costs, and attorney fees.
7-0
L-E
PCB 02-205
PCB 02-206
(Cons.)
Home Oil Company v. IEPA – No action taken. UST Fund
PCB 03-51
People of the State of Illinois v. Draw Drape Cleaners, Inc. – The
Board granted complainant’s motion to strike respondent’s
affirmative defenses.
7-0
A-E
PCB 03-54
PCB 03-56
PCB 03-105
Freedom Oil Company v. IEPA – The Board granted petitioner’s
motion to consolidate these underground storage tank appeals
involving an Edgar County facility.
7-0
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 03-65
Knox College v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Knox County facility.
7-0
UST
Appeal
5
PCB 03-67
Maryville Voice Newspaper Company v. IEPA – The Board
accepted for hearing this underground storage tank appeal
involving a Madison County facility.
7-0
UST
Appeal
PCB 03-69
Cunningham 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 Edwards County facility.
7-0
UST
Appeal
PCB 03-70
Illinois Ayers Oil Company v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a Cass
County facility.
7-0
UST
Appeal
PCB 03-72
Wabash Valley Service v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Gallatin County
facility.
7-0
UST
Appeal
PCB 03-86
Herr Petroleum v. Illinois State Fire Marshal – No action taken. UST
Appeal
PCB 03-94
Lone Star Industries, Inc. v. IEPA – No action taken.
P-A, Air
PCB 03-95
Abitec Corporation v. IEPA – The Board granted the parties’ joint
motion to stay permit conditions 5.10 and 7.1.13 of petitioner’s
Clean Air Act Permit Program permit.
7-0
P-A, Air
PCB 03-104
Waste Management of Illinois, Inc. v. County Board of Kane
County, Illinois – The Board granted respondent’s motions for
extension of time to file the record and to expedite discovery. The
Village of Elgin’s motion to intervene in this matter was denied,
but the Village was granted leave to file an amicus curiae brief.
7-0
P-C-F-S-R
6
PCB 03-106
Village of South Elgin v. Waste Management of Illinois, Inc. – The
Board denied complainant’s motion to consolidate this proceeding
with PCB 03-104, because the two actions involve different
burdens of proof. No duplicative/frivolous determination was
made, as respondent filed a motion to dismiss on February 19,
2003.
7-0
Citizens
L-E
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
PCB 03-117
People of the State of Illinois v. Bi-State Tire, Inc. – The Board
accepted for hearing this land enforcement action involving a Rock
Island County facility.
7-0
L-E, Tires
PCB 03-118
Dalee 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 Washington County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-119
Dalee 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 Washington County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-120
Ronald Ochs (Newton) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Ronald Ochs located
in Jasper 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
7
PCB 03-121
Freedom 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 Sangamon County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-122
Chronister Oil Company d/b/a Qik-N-Ez 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.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-123
Apex Pork v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Apex Pork located in Knox
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 03-124
Consumers Illinois Water Company (Vermilion County) v. IEPA –
No action taken, pending receipt of a petition for review of the
Illinois Environmental Protection Agency recommendation denying
the requested tax certification.
T-C
OTHER ITEMS
Chairman’s Motion to Reschedule Start Time of March 6, 2003
Meeting from 11:00 a.m. to 10:00 a.m. was adopted by a vote of
7-0.
Executive Session to Discuss Administrative Matters was cancelled
as unnecessary.
8
ADJOURNMENT
Moved and seconded, by a vote of 7-0, Chairman Johnson adjourned the meeting at
11:45 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on March 6, 2003 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
