APRIL 17, 2003
CHICAGO OFFICE – 100 W. Randolph Street
Conference Room 9-040
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
Member Girard who was absent.
APPROVAL OF MINUTES
Minutes of the April 3, 2003 meeting were approved by a vote of 6-0.
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 second notice
opinion and order in this matter to amend the Board’s air pollution
control regulations.
5-0
Tristano
abstained
R, Air
R03-19
In the Matter of: Proposed Amendments to: Public Participation
Rules in 35 Ill. Adm. Code Part 309 NPDES Permits and
Permitting Procedures – No action taken.
R, Water
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
R03-21
In the Matter of: Amendments to 35 Ill. Adm. Code 602.105,
602.106, 602.108, and 602.115 – The Board accepted for hearing
the Illinois Environmental Protection Agency’s April 7, 2003
proposal to amend the Board’s permitting rules for Illinois public
water supplies.
6-0
R, PWS
ADJUSTED STANDARDS
AS 00-5
In the Matter of: Petition of The Ensign Bickford Company for an
Adjusted Standard from 35 Ill. Adm. Code 237.103 – No action
taken.
Air
ADMINISTRATIVE CITATIONS
AC 03-21
IEPA v. John Smith and Twilla Williams Smith – The Board
accepted for hearing this petition for review of an administrative
citation against these Union County respondents.
6-0
ADJUDICATORY CASES
Decisions
PCB 02-71
People of the State of Illinois v. FIC America Corporation – In this
water enforcement action concerning a DuPage 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 respondents to pay a total civil penalty of $25,000, and
to cease and desist from further violations.
6-0
W-E
PCB 02-91
Rezmar Corporation v. IEPA – The Board affirmed respondent’s
December 3, 2001 reimbursement determination disallowing
reimbursement of certain costs claimed by the petitioner.
5-0
Melas
abstained
UST
Appeal
3
PCB 03-12
People of the State of Illinois v. Riverstone Group, Inc. – In this
water enforcement action concerning a LaSalle 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 respondents to pay a total civil penalty of $38,000, and
to cease and desist from further violations.
6-0
W-E
PCB 03-42
Rantoul Township High School District No. 193 v. IEPA – The
Board affirmed respondent’s September 5, 2003 reimbursement
determination, reversing only on a point the respondent conceded.
6-0
UST
Appeal
ADJUDICATORY CASES
Motions and Other Matters
PCB 99-134
People of the State of Illinois v. Peabody Coal Company – No
action taken.
W-E
PCB 01-153
City of Salem v. IEPA – No action taken.
P-A, Land
PCB 02-56
People of the State of Illinois v. Chiquita Processed Foods, L.L.C. –
The Board denied complainant’s motion to vacate its November 21,
2002 order, which granted partial summary judgment to the
respondent.
6-0
W-E
PCB 02-77
People of the State of Illinois v. Millenium Recycling & Solid
Waste Consultants, Inc., Sherri Clementi individually and as
President of Millenium Recycling & Solid Waste Consultants, Inc.
– No action taken.
L-E
4
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 03-96
Martin E. & Kathy L. Geber v. Clayton Moushon and Carri Scharf
Trucking and Materials – No action taken.
Citizens
N-E
PCB 03-97
Illinois Department of Transportation 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 Sangamon County facility.
6-0
UST
Appeal
PCB 03-99
Sather Enterprises, LTD. v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Dewitt County
facility.
6-0
UST
Appeal
PCB 03-104
Waste Management of Illinois, Inc. v. County Board of Kane
County, Illinois – No action taken.
P-C-F-S-R
PCB 03-125
PCB 03-133
PCB 03-134
PCB 03-135
PCB 03-144
(Cons.)
City of Kankakee v. County of Kankakee, County Board of
Kankakee, and Waste Management of Illinois, Inc.; Merlin Karlock
v. County Board of Kankakee, County Board of Kankakee, and
Waste Management of Illinois, Inc.; Michael Watson v. County of
Kankakee, County Board of Kankakee, and Waste Management of
Illinois, Inc; Keith Runyon v. County of Kankakee, County Board
of Kankakee and Waste Management of Illinois, Inc.; Waste
Management of Illinois, Inc. v. County of Kankakee – The Board
denied respondent County of Kankakee’s motion to dismiss and
granted respondent Waste Management of Illinois, Inc.’s motion to
sever PCB 03-144 from this consolidated sitting appeal.
6-0
P-C-F-S-R
5
PCB 03-159
Franklin T. Fowler and Franklin D. Fowler v. Remington Hybrid
Seed Company, Inc. – The Board held for a later
duplicative/frivolous determination this citizen’s air and noise
enforcement action involving a Henry County facility. No action
taken was taken on the other pending motions.
Johnson
Citizens
A& N-E
PCB 03-161
Solid Waste Agency of Northern Cook County v. City of Des
Plaines, Illinois – The Board dismissed this action for failure to
timely name all necessary parties. The Board denied petitioner’s
motion for leave to amend and respondent’s motion to dismiss as
moot, citing lack of jurisdiction over this proceeding.
6-0
P-C-F-S-R
PCB 03-178
Bill’s Full Service 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.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-179
Freedom Oil Company v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving an Edgar County
facility and granted petitioner’s motion to consolidate this matter
with PCB 03-54, PCB 03-56, and PCB 03-105.
6-0
UST Fund
PCB 03-180
Royer 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 Bond County facility.
6-0
UST Fund
90-Day
Ext.
PCB 03-181
Gary Lewis 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 Clinton County facility.
6-0
UST
Appeal
90-Day
Ext.
6
PCB 03-182
People of the State of Illinois v. Reilly Industries, Inc. – The Board
accepted for hearing this Resource Conservation and Recovery Act,
air, and water enforcement action involving a Madison County
facility.
6-0
A&W-E
PCB 03-183
People of the State of Illinois v. Passavant Area Hospital – The
Board accepted for hearing this air enforcement action involving a
Morgan County facility.
6-0
A-E
PCB 03-184
Northrup 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 Bureau County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-185
Swif-T-Food Mart 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 Lake County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-186
Royer 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 Bond County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-187
Royer 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 Bond County facility.
6-0
UST
Appeal
90-Day
Ext.
7
PCB 03-188
Prime Time Citgo 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 Kane County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-189
Brock 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 McLean County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-190
People of the State of Illinois v. Village of Cherry Valley – The
Board accepted for hearing this public water supply enforcement
action involving a Winnebago County facility.
6-0
PWS-E
ADJOURNMENT
Moved and seconded, by a vote of 6-0, Chairman Johnson adjourned the meeting at
11:30 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on May 1, 2003 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
