MAY 1, 2003
SPRINGFIELD OFFICE
600 South Second Street - Suite 403
Hearing Room
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 Executive Coordinator
of the Board called the roll. All Board Members were present.
APPROVAL OF MINUTES
Minutes of the April 17, 2003 meeting were approved by a vote of 6-0. Member Girard
abstained.
RULEMAKINGS
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
ADJUSTED STANDARDS
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
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
AS 03-3
In the Matter of: Argonne National Laboratory for an Adjusted
Standard from 35 Ill. Adm. Code 218.182 – Pending receipt of the
certificate of publication, the Board held this DuPage County
facility’s petition for an adjusted standard from the Board’s air
pollution control regulations.
Air
ADMINISTRATIVE CITATIONS
AC 03-22
County of Macon v. Macon County Landfill 2 & 3, Kevin Shaw,
and Jeffery London – The Board found that these Macon County
respondents violated Section 21(o)(5) and (12) of the Act (415
ILCS 5/21(o)(5), (12) (2002)) and ordered respondents to pay a
civil penalty of $1,000
.
7-0
ADJUDICATORY CASES
Decisions
PCB 00-111
People of the State of Illinois v. R. Frietsch Company, Inc. – In this
air enforcement action concerning sites located in Peoria and
Tazewell Counties, 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 $10,000, and to cease and desist from further
violations.
7-0
A-E
PCB 00-165
People of the State of Illinois v. David Cohen d/b/a Dave’s Auto
Repair and Service – In this land enforcement action concerning a
Lake 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 $5,000, and to cease and desist from further
violations.
7-0
L-E
4
PCB 00-184
People of the State of Illinois v. M&R Wrecking, Ltd. and Roderick
Enterprises, 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 $25,000, and to cease and desist from further
violations.
7-0
A-E
PCB 01-83
People of the State of Illinois v. Indiana Harbor Belt Railroad
Company and CAN International, Inc. – In this land 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 respondents to pay a total civil penalty of $20,000, and to cease
and desist from further violations.
7-0
L-E
PCB 02-21
People of the State of Illinois v. J&F Hauling, Inc. – The Board
entered an order requiring respondent to reimburse
the Office of the
Attorney General $3,967.50 for attorney fees. This order follows
the Board's interim order of June 6, 2002, which found that this
respondent had violated 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) and assessed a penalty of
$60,000.
7-0
L-E
PCB 02-208
Brian Finley, Local 3315 of the American Federation of State,
County, and Municipal Employees (Cook County Public Defenders
Assn.) and Named Others v. Acme Barrel Company, Inc. a/k/a
Acme Barrel Company a/k/a/ IFCO Systems Chicago, Inc. and
Others – In this air enforcement action concerning a Cook County
facility, the Board accepted a final stipulation and settlement
agreement, and ordered the respondents to comply with the terms of
the settlement agreement on or before May 31, 2003.
7-0
Citizens
A-E
5
ADJUDICATORY CASES
Motions and Other Matters
PCB 95-180
People of the State of Illinois v. Archer Daniels Midland Company
– The Board granted complainant’s motion to voluntarily dismiss
counts I and II in this air enforcement action involving a Macon
County facility.
7-0
A-E
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
individually and as owner and vice president of Skokie Valley
Asphalt Co., Inc. – No action taken.
W-E
PCB 97-103
People of the State of Illinois v. State Oil Company, William Anest
an individual f/d/b/a S&S Petroleum Products, Charles Abraham an
individual, Josephine Abraham an individual, and Millstream
Service, Inc. – No action taken.
L&W-E
PCB 99-51
People of the State of Illinois v. Archer Daniels Midland Company
– The Board granted complainant’s motion for voluntary dismissal
of this air enforcement action involving a Macon County facility.
7-0
A-E
PCB 99-134
People of the State of Illinois v. Peabody Coal Company – No
action taken.
W-E
PCB 00-138
Granite City Sheet Metal v. IEPA – No action taken.
P-A, Land
PCB 01-7
People of the State of Illinois v. QC Finishers, Inc. – No action
taken.
A-E
6
PCB 01-150
People of the State of Illinois v. Marc Development Corporation
and Silver Glen Estates Homeowners’ Association, Inc. – Upon
receipt of a proposed stipulation and settlement agreement and an
agreed motion to request relief from the hearing requirement in this
water enforcement action involving a Kane County facility, the
Board ordered publication of the required newspaper notice.
7-0
W-E
PCB 01-153
City of Salem v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this permit appeal involving a Marion
County facility.
7-0
P-A, Land
PCB 02-11
PCB 02-32
(Cons.)
Doris Glave v. Brent Harris, Patty Harris, and Winds Chant Kennel,
Inc.; Village of Grayslake v. Winds Chant Kennel, Inc. – The
Board granted complainant’s motion to amend the complaint
adding Glenn F. Glave as a complainant.
7-0
N-E
PCB 02-56
People of the State of Illinois v. Chiquita Processed Foods, L.L.C. –
Upon receipt of a proposed stipulation and settlement agreement
and an agreed motion to request relief from the hearing requirement
in this water enforcement action involving a Peoria County facility,
the Board ordered publication of the required newspaper notice.
7-0
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
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
7
PCB 03-102
U.S. Department of Energy v. IEPA – Having previously granted a
request for a 90-day extension, the Board dismissed this matter
because no permit appeal was filed on behalf of this DuPage
County facility.
7-0
P-A,
RCRA
PCB 03-104
Waste Management of Illinois, Inc. v. County Board of Kane
County, Illinois – The Board denied respondent’s motion for leave
to file a petition to enforce ordinance and host community benefit
agreement.
6-0
Karpiel
abstained
P-C-F-S-R
PCB 03-107
Willaredt Oil Company v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Macon County
facility.
7-0
UST
Appeal
PCB 03-109
Fred Sierzega v. IEPA – Having previously granted a request for a
90-day extension, the Board dismissed this matter because no
permit appeal was filed on behalf of this Cook County facility.
7-0
UST
Appeal
PCB 03-113
Clark Oil Station #1655 v. IEPA – Having previously granted a
request for a 90-day extension, the Board dismissed this matter
because no permit appeal was filed on behalf of this Vermilon
County facility.
7-0
UST
Appeal
PCB 03-114
Village of Karnak v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Pulaski County
facility.
7-0
UST
Appeal
PCB 03-125
PCB 03-133
PCB 03-134
PCB 03-135
City of Kankakee v. County of Kankakee and County Board of
Kankakee; Merlin Karlock v. County of Kankakee and Kankakee
County Board; Michael Watson v. County of Kankakee and
Kankakee County Board; Keith Runyon v. County of Kankakee and
Kankakee County Board – The Board denied the motion to overrule
the hearing officer and affirmed the hearing officer’s rulings of
April 24, 2003
7-0
P-C-F-S-R
8
PCB 03-159
Franklin T. Fowler and Franklin D. Fowler v. Remington Hybrid
Seed Company, Inc. – No action taken.
Citizens
A& N-E
PCB 03-191
People of the State of Illinois v. Community Landfill Company,
Inc. and the City of Morris – The Board accepted for hearing this
land enforcement involving a Grundy County facility.
7-0
L-E
PCB 03-192
Owens Oil Company (January 1, 1998 – June 30, 1998) 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 Greene
County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-193
Jim’s Shell & Marine 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 Macoupin County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-194
Owens Oil Company (March 1, 1997 – December 31, 1997) 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
Greene County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-195
Owens Oil Company (May 1, 1999 – December 31, 1999) 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 Greene
County facility.
7-0
UST
Appeal
90-Day
Ext.
9
PCB 03-196
Owens Oil Company (December 1, 1999 – September 30, 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
Greene County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-197
Owens Oil Company (June 1, 1998 – May 31, 1999) 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 Greene County
facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-198
Ted Harrison Oil Co., Inc. v. IEPA – The Board accepted for
hearing this permit appeal involving a Cass County facility.
7-0
P-A, Land
PCB 03-199
Thompson 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.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-200
Earl’s Marathon 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.
10
PCB 03-201
Howard Warsaw 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.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-202
Consolidated Grain and Barge Co. (Cyclone with Baghouse) v.
IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Consolidated Grain and Barge located in
Bureau 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 03-203
Owens Oil Company (March 1, 1997 – May 31, 1997) 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 Greene
County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-204
Warren’s 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 Mercer County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-205
Jack’s 66 Service Station 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.
7-0
UST
Appeal
90-Day
Ext.
11
PCB 03-206
J&C Central, 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 DuPage County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-207
Silvestri Paving Company (September 11, 2002 – November 19,
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 Cook County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-208
Stanford Property 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.
7-0
UST
Appeal
90-day
Ext.
PCB 03-209
Silvestri Paving Company (September 11, 2002 – November 20,
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 Cook County facility.
7-0
UST
Appeal
90-Day
Ext.
ADJOURNMENT
Moved and seconded, by a vote of 7-0, Chairman Johnson adjourned the meeting at
11:35 a.m. to an Executive Session..
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on May 15, 2003 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
