ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
MARCH 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
10:00 A.M.
ANNOUNCEMENTS
After calling the meeting to order, Chairman Johnson welcomed members of the public and staff
to the meeting. The Chairman acknowledged the death of Board Member Girard’s father-in-law
and offered condolences to the family on behalf of the Board.
ROLL CALL
The Clerk of the Board called the roll. All Board Members answered present except for Board
Member Girard who was absent.
APPROVAL OF MINUTES
Minutes of the February 20, 2003 meeting were approved by a vote of 6-0.
ADJUSTED STANDARDS
AS 03-1
In the Matter of: Petition of Exelon Generation Company for an
Adjusted Standard from 35 Ill. Adm. Code 302.208 – The Board
accepted for hearing this Will County facility’s amended petition
for an adjusted standard from the Board’s water pollution control
regulations.
6-0
Water
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) – The Board accepted this Cook County
facility’s petition for an adjusted standard, granting the motion to
incorporate documents by reference.
6-0
Land
ADMINISTRATIVE CITATIONS
AC 03-14
County of Jackson v. James Qualls – The Board granted
complainant’s motion to correct its February 6, 2003 opinion and
order in this matter by listing the County of Jackson as respondent
to which penalties are payable.
6-0
AC 03-15
IEPA v. Paul Rider – The Board granted complainant’s motion for
voluntary dismissal of this administrative citation involving a
McLean County facility.
6-0
AC 03-16
IEPA v. Terry Stanley – The Board found that this Marshall County
respondent violated Section 21(p)(1) and (7) of the Act (415 ILCS
5/21(p)(1), (7) (2002)) and ordered respondent to pay a civil
penalty of $3,000
.
6-0
AC 03-17
IEPA v. Village of Metamora – The Board found that this
Woodford County respondent violated Section 21(p)(1) and (7) of
the Act (415 ILCS 5/21(p)(1), (7) (2002)) and ordered respondent
to pay a civil penalty of $3,000
.
6-0
AC 03-18
IEPA v. Jerry Summers – The Board found that this Fayette County
respondent violated Section 21(p)(1) and (7) of the Act (415 ILCS
5/21(p)(1), (7) (2002)) and ordered respondent to pay a civil
penalty of $3,000
.
6-0
2
AC 03-19
IEPA v. Harley Lafary d/b/a Lafary Construction, Harris Lafary
and Larry Payne, Sr. – The Board found that these McDonough
County respondents violated Section 21(p)(1), (3), and (7) of the
Act (415 ILCS 5/21(p)(1), (3), (7) (2002)) and ordered respondents
to pay a civil penalty of $4,500
.
6-0
AC 03-20
IEPA v. Manzell Lawson, Sr. – The Board granted complainant’s
motion for voluntary dismissal of this administrative citation
involving a Peoria County facility.
6-0
ADJUDICATORY CASES
Decisions
PCB 98-55
Donald McCarrell and Ann McCarrell v. Air Distribution
Associates, Inc. – The Board found that respondent violated Section
21(a) of the Illinois Environmental Protection Act (415 ILCS
5/21(a) (2000)) and 35 Ill. Adm. Code 900.102. The Board ordered
respondent to reimburse
the complainants $37,261.81 for costs
incurred in the clean up of trichloroethane and other contaminants.
6-0
Citizens
L-E
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
– In this air enforcement action concerning two Cook County
facilities, 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 respondents to pay a total civil penalty
of $25,000, and to cease and desist from further violations.
6-0
A-E
PCB 01-156
People of the State of Illinois v. Union Pacific Railroad – In this air
enforcement action concerning a site in Randolph County, 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 03-100
People of the State of Illinois v. National Container Services – 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 $40,000, and
to cease and desist from further violations.
6-0
A-E
PCB 03-108
People of the State of Illinois v. Village of Keensburg and David
Dallas d/b/a Dallas Consulting, Engineering-Surveying – In this
water enforcement action concerning a Wabash 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 Village of Keensburg to pay $500 and David Dallas,
d/b/a Dallas Consulting, Engineering-Surveying $5,000, for a total
civil penalty of $5,500, and to cease and desist from further
violations.
6-0
W-E
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 99-134
People of the State of Illinois v. Peabody Coal Company – No
action taken.
W-E
PCB 02-10
Rebecca Lawrence v. North Point Grade School c/o Unit District
Office – No action taken.
N-E
PCB 02-201
Gere Properties, Inc. v. Jackson County Board and Southern Illinois
Regional Landfill, Inc. – Following remand of a motion to
supplement the record on appeal, the Board granted the motion.
The Board directed the Clerk of the Board to certify and transmit to
the court the supplemental record.
6-0
P-C-F-S-R
4
PCB 02-205
PCB 02-206
(Cons.)
Home Oil Company v. IEPA – No action taken.
UST Fund
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 03-75
Clinton County Oil Company, Inc. v. IEPA – The Board accepted
for hearing this underground storage tank appeal involving a
Madison County facility.
6-0
UST
Appeal
PCB 03-76
Thornton Oil Corporation #17 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 DuPage County facility.
6-0
UST
Appeal
PCB 03-77
Chrisman Farm Center v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving an Edgar County
facility.
6-0
UST
Appeal
PCB 03-79
Carter Convenience Store 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 White County facility.
6-0
UST Fund
PCB 03-86
Herr Petroleum v. Illinois State Fire Marshal – No action taken.
UST
Appeal
PCB 03-94
Lone Star Industries, Inc. v. IEPA – The Board denied respondent’s
motion to dismiss and directed respondent to expeditiously file the
entire record of the Clean Air Act Permit Program permit
application with the Board.
6-0
P-A, Air
5
PCB 03-106
Village of South Elgin v. Waste Management of Illinois, Inc. – No
action taken.
Citizens
L-E
PCB 03-115
David B. Haworth v. Coresaw Log & Lumber, Inc. – The Board
found that the alleged violations in the complaint were neither
duplicative nor frivolous and accepted for hearing this matter
involving a Marshall County facility.
6-0
Citizens
N-E
PCB 03-124
Consumers Illinois Water Company (Vermilion County) v. IEPA –
No action taken.
T-C
PCB 03-125
The City of Kankakee v. County of Kankakee, Kankakee County
Board, and Waste Management of Illinois, Inc. – The Board
accepted for hearing this third-party pollution control facility siting
appeal involving a Kankakee County facility and on its own motion
consolidated this matter with PCB 03-133, PCB 03-134, and PCB
03-135.
6-0
P-C-F-S-R
3d Party
PCB 03-126
Mick’s Garage 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 Madison County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-127
Brunner Brothers 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 Tazewell County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-128
People of the State of Illinois v. Robert Hamm d/b/a Three R’s Pier
Builders – The Board accepted for hearing this public water supply
enforcement action involving a Lake County facility.
6-0
PWS-E
6
PCB 03-129
Keller Oil (May 1, 2000 – August 31, 2001) 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 Coles County
facility.
6-0
UST Fund
90-Day
Ext.
PCB 03-130
Keller Oil (July 1, 2000 – March 31, 2001) 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 Coles County
facility.
6-0
UST Fund
90-Day
Ext.
PCB 03-131
Keller Oil (July 1, 2001 – March 31, 2002) 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 Coles County
facility.
6-0
UST Fund
90-Day
Ext.
PCB 03-132
Dickey 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 Clay County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-133
Merlin Karlock v. County of Kankakee, Kankakee County Board,
and Waste Management of Illinois, Inc. – The Board accepted for
hearing this third-party pollution control facility siting appeal
involving a Kankakee County facility and on its own motion
consolidated this matter with PCB 03-125, PCB 03-134, and PCB
03-135.
6-0
P-C-F-S-R
3d Party
PCB 03-134
Michael Watson v. County Board of Kankakee County, Illinois and
Waste Management of Illinois, Inc. – The Board accepted for
hearing this third-party pollution control facility siting appeal
involving a Kankakee County facility and on its own motion
consolidated this matter with PCB 03-125, PCB 03-133, and PCB
03-135.
6-0
P-C-F-S-R
3d Party
7
PCB 03-135
Keith Runyon v. County of Kankakee, Kankakee County Board,
and Waste Management of Illinois, Inc. – The Board accepted for
hearing this third-party pollution control facility siting appeal
involving a Kankakee County facility and on its own motion
consolidated this matter with PCB 03-125, PCB 03-133, and PCB
03-134.
6-0
P-C-F-S-R
3d Party
PCB 03-136
Keller Oil (October 1, 1999 – July 1, 2000) 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 Coles County
facility.
6-0
UST Fund
90-Day
Ext.
PCB 03-137
Keller Oil (July 1, 2000 – March 31, 2001) 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 Coles County
facility.
6-0
UST Fund
90-Day
Ext.
CASES PENDING DECISION
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.
L,W-E
PCB 02-184
UAP Richter Co, (McDonough County) v. IEPA
T-C
ADJOURNMENT
Moved and seconded, by a vote of 6-0, Chairman Johnson adjourned the meeting at
10:35 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on March 20, 2003 by a vote of 6-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
8
