MAY 15, 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 were present.
APPROVAL OF MINUTES
Minutes of the May 1, 2003 meeting were approved by a vote of 7-0.
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 – The Board granted the Illinois
Environmental Regulatory Group’s motion for leave to file a reply
and the Illinois Association of Wastewater Agencies’ motion for
leave to file a response and reply instanter. The Board denied the
motion for a third hearing and directed the hearing officer to issue
an order specifying the deadline for closing the pre-first notice
comment period. If the Board proceeds to first notice, at least one
additional hearing will be held prior to moving to second notice
with the proposed rule.
6-1
Johnson
dissented
R, Water
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
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 – The Board
denied petitioner’s motion to reconsider the Board’s March 20,
2003 opinion and order.
7-0
Air
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) – No action taken.
Land
AS 03-3
In the Matter of: Argonne National Laboratory for an Adjusted
Standard from 35 Ill. Adm. Code 218.182 – The Board dismissed
this DuPage County facility’s petition for an adjusted standard from
the Board’s air pollution control regulations for failure to timely
publish notice of its request for an adjusted standard.
7-0
Air
ADMINISTRATIVE CITATIONS
AC 02-61
IEPA v. Steve Koester (Champaign/ S&K Fence Company) – In
response to a joint stipulation and settlement agreement in this
administrative citation action involving a Champaign County
facility, the Board found respondent violated Section 21(p)(3) of
the Environmental Protection Act (415 ILCS 5/21(p)(3) (2002))
and ordered respondents to pay a civil penalty of $1,500. The
Board also granted the parties’ joint motions to name S&K Fence
Company as the sole respondent, to dismiss the alleged violation of
Section 21(p)(1) and (p)(7) of the Act. 415 ILCS 5/21(p)(1), (p)(7)
(2002), and to dismiss respondent’ petition for review.
7-0
AC 03-23
County of Montgomery v. Robert Scott – The Board found that this
Montgomery County respondent violated Section 21(p)(1), (p)(3),
and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2002)),
and ordered respondent to pay a civil penalty of $4,500
.
6-1
Girard
dissented
AC 03-24
IEPA v. Arrowhead Tree Removal, Inc. – The Board found that this
Jersey County respondent violated Section 21(p)(1) of the Act (415
ILCS 5/21(p)(1) (2002)), and ordered respondent to pay a civil
penalty of $1,500
.
7-0
3
AC 03-25
IEPA v. Milton Hampton – The Board found that this White
County respondent violated Section 21(p)(1) of the Act (415 ILCS
5/21(p)(1) (2002)), and ordered respondent to pay a civil penalty of
$1,500
.
7-0
AC 03-26
IEPA v. Larry Beam – The Board found that this Henry County
respondent violated Section 21(p)(1), (p)(2), and (p)(7) of the Act
(415 ILCS 5/21(p)(1), (p)(2), (p)(7) (2002)), and ordered
respondent to pay a civil penalty of $9,000
.
6-1
Girard
dissented
AC 03-27
IEPA v. Vince Harvey – The Board accepted for hearing this
petition for review of an administrative citation against this Henry
County respondent.
7-0
AC 03-28
IEPA v. James L. Quirin and C. Grantham Company – The Board
accepted an administrative citation against these St. Clair County
respondents.
AC 03-29
IEPA v. Robert A. Power, Jr. and Susan L. Power – The Board
accepted an administrative citation against these Sangamon County
respondents.
ADJUDICATORY CASES
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
individually and as owner and vice president of Skokie Valley
Asphalt Co., Inc. – No action taken.
W-E
4
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. – The Board denied complainant’s motion to modify
the Board’s March 20, 2003. But, the Board granted respondents’
motions for stay of the order regarding payment of a penalty
pending outcome of their appeal in the Second District Appellate
Court.
7-0
L&W-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 – The Board granted petitioner’s
motion for voluntary dismissal of this permit appeal involving a
Madison County facility.
7-0
P-A, Land
PCB 00-141
E.G. Vogt Oil Company, Inc. v. IEPA – The Board granted
petitioner’s motion for continuance of stay for an additional 60
days, until July 14, 2003.
7-0
UST
Appeal
PCB 01-7
People of the State of Illinois v. QC Finishers, Inc. – No action
taken.
A-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.
– The Board granted complainant’s motion for leave to file an
amended complaint.
7-0
L-E
PCB 02-129
Sports Aircraft, Inc. v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a DuPage County facility.
7-0
UST
Appeal
5
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 – The Board granted the motion of
respondent Clayton Moushon, dismissing him from this case, but
denied the motion to dismiss of respondent Carri Scharf Trucking
and Materials. The Board also granted in part and denied in part
the Gebers’ motion for leave to file an amended complaint.
Specifically, the Board granted the Gebers’ motion to file an
amended complaint to add Carri Scharf Materials Company and
East Side Materials, L.L.C. as respondents. However, the Board
denied the motion to add Farmdale Valley Dev. Inc. and the United
States Army Corps of Engineers as respondents.
7-0
Citizens
N-E
PCB 03-112
2F, Inc. v. IEPA – The Board accepted for hearing this underground
storage tank appeal involving a Williamson County facility.
7-0
UST
Appeal
PCB 03-116
William Breuer 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.
7-0
UST
Appeal
PCB 03-118
Dalee Oil Company (July 1, 2001 – September 30, 2001) v. IEPA –
The Board accepted for hearing this underground storage tank
appeal involving a Washington County facility and granted the
motions to consolidate this matter with PCB 03-119 and PCB 03-
150.
7-0
UST
Appeal
6
PCB 03-119
Dalee Oil Company (September 1, 2001 – November 30, 2001) v.
IEPA – The Board accepted for hearing this underground storage
tank appeal involving a Washington County facility and granted the
motions to consolidate this matter with PCB 03-118 and PCB 03-
150.
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 – No action taken.
P-C-F-S-R
PCB 03-146
North Shore Sanitary District v. IEPA – The Board granted
respondent’s motion to withdraw its motion to reconsider the
Boards March 20, 2003 order. The Board granted petitioner’s
motion for voluntary dismissal of this permit appeal involving a
Lake County facility.
7-0
P-A, Air
PCB 03-150
Dalee Oil Company (January 1, 2001 – August 31, 2002) – The
Board accepted for hearing this underground storage tank appeal
involving a Washington County facility and granted the motions to
consolidate this matter with PCB 03-118 and PCB 03-119.
7-0
UST
Appeal
PCB 03-159
Franklin T. Fowler and Franklin D. Fowler v. Remington Hybrid
Seed Company, Inc. – No action taken.
Citizens
A& N-E
PCB 03-161
Solid Waste Agency of Northern Cook County v. City of Des
Plaines, Illinois and Disposal Management Systems, Inc. – No
action taken.
P-C-F-S-R
PCB 03-210
Solid Waste Agency of Northern Cook County v. City of Des
Plaines, Illinois and Disposal Management Systems, Inc. – No
action taken.
P-C-F-S-R
3d Party
7
PCB 03-211
Mark and Cynthia Heywood v. Dan and Darleen Sheehan – The
Board held for a later duplicative/frivolous determination this
citizen’s noise enforcement action involving a Cook County
facility.
Citizens
N-E
PCB 03-212
Wareco Services, 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 Knox County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-213
Winslow Boco 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 Stephenson County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-214
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 03-215
People of the State of Illinois v. Huck Store Fixture Company, Inc.
– The Board accepted for hearing this air enforcement action
involving an Adams County facility.
7-0
A-E
PCB 03-216
Bulk Petroleum Corporation 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
CASES PENDING DECISION
R02-21
In the Matter of: Petition of Central Illinois Lights Company (E.D.
Edwards Generating Station) for a Site-Specific Air Regulation: 35
Ill. Adm. Code 214.561 – Adopted Rule, Final Order, Opinion and
Order
R, Air
R03-18
RCRA Subtitle C (Hazardous Waste) Update, USEPA
Amendments (July 1, 2002 through December 31, 2002) –
Adopted Rule, Final Order, Opinion and Order
R, Land
AC 01-37
IEPA v. Marshall Pekarsky (Rockford/Kishwaukee Auto Parts)
PCB 98-148
People of the State of Illinois v. Doren Poland, Lloyd Yoho, and
Briggs Industries, Inc. a/k/a Briggs Plumbing Products, Inc.; Briggs
Industries, Inc., Third-Party Complainants v. Loren West and
Abingdon Salvage Company, Inc., Third Party Respondents
L-E
ADJOURNMENT
Moved and seconded, by a vote of 7-0, 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 June 5, 2003 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
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