JUNE 19, 2003
CHICAGO OFFICE – 100 W. Randolph Street
Conference Room 9-040
ANNOUNCEMENTS
After calling the meeting to order, Chairman Johnson welcomed members of the public and staff
to the meeting.
Chairman Johnson congratulated Hearing Officer Brad Halloran and his wife on
the birth of their daughter, Annabel McHugh Halloran.
ROLL CALL
The Clerk of the Board called the roll.
All Board Members answered present except for Board
Member Karpiel who was absent.
APPROVAL OF MINUTES
Minutes of the June 5, 2003 meeting were approved by a vote of 6-0.
RULEMAKINGS
R03-13
Wastewater Pretreatment Update, USEPA Amendments (July 1,
2002 through December 31, 2002) – The Board adopted a proposal
for public comment in this “identical-in-substance” rulemaking to
amend the Board’s wastewater pretreatment regulations.
6-0
R, Water
R03-21
In the Matter of: Radionuclide Restricted Status, Amendments to 35
Ill. Adm. Code 602.105, 602.106, 602.108, and 602.115 – The
Board adopted a first notice opinion and order in this matter to
amend the Board’s public water supply regulations.
6-0
R, PWS
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
R04-1
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (January 1, 2003 through June 30, 2003) – The Board
reserved this docket for a routine identical-in-substance update.
The update includes any federal amendments which occurred
during the period of January 1, 2003 through June 30, 2003.
R, Water
R04-2
In the Matter of: Definition of VOM Update, USEPA Amendments
(January 1, 2003 through June 30, 2003) - The Board reserved this
docket for a routine identical-in-substance update. The update
includes any federal amendments which occurred during the period
of January 1, 2003 through June 30, 2003.
R, Air
R04-3
In the Matter of: SDWA Update, USEPA Amendments (January 1,
2003 through June 30, 2003) – The Board reserved this docket for a
routine identical-in-substance update. The update includes any
federal amendments which occurred during the period of January 1,
2003 through June 30, 2003.
R, Water
R04-4
In the Matter of: UIC Update, USEPA Amendments (January 1,
2003 through June 30, 2003) – The Board reserved this docket for a
routine identical-in-substance update. The update includes any
federal amendments which occurred during the period of January 1,
2003 through June 30, 2003.
R, Land
R04-5
In the Matter of: RCRA Subtitle D (Municipal Solid Waste
Landfill) Update, USEPA Amendments (January 1, 2003 – June 30,
2003) – The Board reserved this docket for a routine identical-in-
substance update. The update includes any federal amendments
which occurred during the period of January 1, 2003 through June
30, 2003.
R, Land
R04-6
In the Matter of: RCRA Subtitle C (Hazardous Waste) Update
(January 1, 2003 through June 30, 2003) – The Board reserved this
docket for a routine identical-in-substance update. The update
includes any federal amendments which occurred during the period
of January 1, 2003 through June 30, 2003.
R, Land
3
R04-7
In the Matter of: UST Update, USEPA Amendments (January 1,
2003 through June 30, 2003) – The Board reserved this docket for a
routine identical-in-substance update. The update includes any
federal amendments which occurred during the period of January 1,
2003 through June 30, 2003.
R, Land
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
granted this Will County petitioner an adjusted standard, with
conditions, from the total dissolved water quality standard.
6-0
Water
AS 03-4
In the Matter of: Petition of Argonne National Laboratory for an
Adjusted Standard from 35 Ill. Adm. Code 218.182 – The Board
accepted this DuPage County facility’s petition for an adjusted
standard from the volatile organic material limitations for cold
cleaning degreasers, granting the motion to incorporate the record
in AS 03-3 into this matter.
6-0
Air
AS 03-5
In the Matter of: Petition of Cromwell-Phoenix, Inc. for an
Adjusted Standard from 35 Ill. Adm. Code Subpart F, Section
218.204(c) – The Board accepted for hearing this Cook County
facility’s amended petition for an adjusted standard from the
volatile organic material limitations for papercoating.
6-0
Air
ADMINISTRATIVE CITATIONS
AC 03-28
IEPA v. James L. Quirin and C. Grantham Company – The Board
found that these St. Clair County respondents violated Section
21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2002)) and ordered
respondents to pay a civil penalty of $1,500
.
6-0
4
AC 03-29
IEPA v. Robert A. Power, Jr. and Susan L. Power – The Board
found that these St. Clair 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
.
5-1
Girard
dissented
AC 03-32
IEPA v. Sharyn Fuller and Carl Benedict – No action taken.
AC 03-33
IEPA v. Olen G. Parkhill, Jr. – The Board accepted an
administrative citation against this Peoria County respondent.
AC 03-34
IEPA v. Olen G. Parkhill, Jr. – The Board accepted an
administrative citation against this Peoria County respondent.
ADJUDICATORY CASES
Decisions
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 – No
action taken.
L-E
PCB 01-155
People of the State of Illinois v. Alloy Engineering and Casting
Company – No action taken.
A-E
PCB 03-104
Waste Management of Illinois, Inc. v. County Board of Kane
County, Illinois – The Board affirmed respondent’s December 10,
2002 denial of petitioner’s application to construct a waste transfer
facility at the Woodland Landfill site, finding that the County’s
procedures were fundamentally fair and the decision was not
against the manifest weight of the evidence.
6-0
P-C-F-S-R
5
Provisional Variances
PCB 03-231
General Dynamics Ordnance and Tactical Systems, Inc. v. IEPA –
Upon receipt of an Illinois Environmental Protection Agency
recommendation, the Board granted a provisional variance to this
Williamson County facility from the 90-day limitation on the
accumulation of hazardous wastes, as set forth in 35 Ill. Adm. Code
722.134(b).
6-0
L-V
PCB 03-234
Dynegy Midwest Generation, Inc. (Baldwin Power Station) v.
IEPA – Upon receipt of an Illinois Environmental Protection
Agency recommendation, the Board granted this facility, located in
St. Clair and Randolph Counties, a 45-day provisional variance,
subject to conditions, from the 35 Ill. Adm. Code 304.141(a) and
the effluent limits in National Pollutant Discharge Elimination
System Permit No. IL000004 as they apply to total suspended
solids for Outfall 001.
6-0
W-V
Motions and Other Matters
PCB 95-180
People of the State of Illinois v. Archer Daniels Midland Company
– Upon receipt of a proposed stipulation and settlement agreement
and an agreed motion to request relief from the hearing requirement
in this air enforcement action involving a Macon County facility,
the Board ordered publication of the required newspaper notice.
6-0
A-E
PCB 97-33
People of the State of Illinois v. Archer Daniels Midland Company
– 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.
6-0
W-E
PCB 97-69
People of the State of Illinois v. Economy Plating, Inc. – The Board
granted complainant’s motion to deem facts admitted.
6-0
A-E
6
PCB 99-92
People of the State of Illinois v. Hartz Construction Co., Inc. –
Upon receipt of a proposed stipulation and settlement agreement
and an agreed motion to request relief from the hearing requirement
in this land enforcement action involving a Cook County facility,
the Board ordered publication of the required newspaper notice.
6-0
L-E
PCB 99-187
Gina Pattermann v. Boughton Trucking and Materials, Inc. – No
action taken.
A&N-E
PCB 00-104
People of the State of Illinois v. The Highlands, L.L.C., Murphy
Farms, Inc., and Smithfield Foods, Inc. – No action taken.
A-E
PCB 01-7
People of the State of Illinois v. QC Finishers, Inc. – The Board
denied complainant’s motion to strike respondent’s affirmative
defenses specific to count I and count II and the second specific
affirmative defense to count VI. The Board granted the motion to
strike respondent’s four general affirmative defenses as to all
counts, respondent’s affirmative defenses to counts III and IV, and
the first specific affirmative defense to count VI.
6-0
A-E
PCB 01-43
People of the State of Illinois v. Michael Stringini – No action
taken.
L-E
PCB 02-115
People of the State of Illinois v. Blue Ridge Construction
Corporation – No action taken.
A&W-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 – The Board found that portions of the complaint were
frivolous, and dismissed those portions of the complaint requesting
attorney fees. The Board also dismissed the complaint as to the
Beverly and Lakeside Trusts. The Board found that the remaining
alleged violations in the complaint were neither duplicative nor
frivolous, denied the motion to dismiss, and accepted for hearing
this matter involving a Cook County facility.
6-0
Citizens
UST-E
7
PCB 03-77
Chrisman Farm Center v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving an Edgar County facility.
6-0
UST
Appeal
PCB 03-143
Waste Management of Peoria 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 Tazewell County facility.
6-0
UST
Appeal
PCB 03-145
R.W. Sheridan Oil Co., Inc. 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 McLean County facility.
6-0
UST
Appeal
PCB 03-148
Clark Retail Enterprises, Inc. 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 McHenry County facility.
6-0
UST
Appeal
PCB 03-151
Pete’s Marathon 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 Marion
County facility.
6-0
UST
Appeal
PCB 03-156
Swearingin Amoco v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Coles County facility
and granted the motions to consolidate this matter with PCB 03-157
and PCB 03-158.
6-0
UST
Appeal
PCB 03-157
Swearingin Amoco v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Coles County facility
and granted the motions to consolidate this matter with PCB 03-156
and PCB 03-158.
6-0
UST
Appeal
8
PCB 03-158
Swearingin Amoco v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Coles County facility
and granted the motions to consolidate this matter with PCB 03-156
and PCB 03-157.
6-0
UST
Appeal
PCB 03-204
Warren’s Service v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Mercer County
facility.
6-0
UST
Appeal
PCB 03-211
Mark and Cynthia Heywood v. Dan and Darleen Sheehan – No
action taken.
Citizens
N-E
PCB 03-221
Lowe Transfer, Inc. and Marshall Lowe v. County Board of
McHenry County, Illinois – The Board accepted for hearing this
pollution control facility siting denial appeal involving a McHenry
County municipal waste transfer station.
6-0
P-C-F-S-R
PCB 03-222
People of the State of Illinois v. Mecalux Illinois, Inc. – The Board
accepted for hearing this air enforcement action involving a Cook
County facility.
6-0
A-E
PCB 03-223
People of the State of Illinois v. Elysium Energy – The Board
accepted for hearing this land enforcement action involving a
Jasper County facility.
6-0
L-E
PCB 03-224
People of the State of Illinois v. Village of Sims, Followell
Construction Company, Inc., and Lamac Engineering Company –
Upon receipt of separate proposed stipulation and settlement
agreement and an agreed motion to request relief from the hearing
requirement as to respondents Followell Construction Company,
Inc. and the Village of Sims in this water enforcement action
involving a Wayne Island County facility, the Board ordered
publication of the required newspaper notice. As to the remaining
respondent, Lamac Engineering Company, the Board accepted the
complaint for hearing.
6-0
PWS-E
9
PCB 03-225
Pete’s Marathon (November 2, 2002 – November 30, 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
Marion County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-226
Pete’s Marathon (December 1, 2002 – December 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 Marion
County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-227
Pete’s Marathon (January 1, 2003 – January 31, 2003) 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 Marion
County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-228
Graham C-Stores 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 Kane County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 03-229
Graham 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 Kane County facility.
6-0
UST
Appeal
90-Day
Ext.
10
PCB 03-230
Catholic Bishop of Chicago v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a Cook
County facility.
6-0
UST
Appeal
CASES PENDING DECISION
R03-11
In the Matter of: Site-Specific Rule for City of Effingham
Treatment Plant Fluoride Discharge, 35 Ill. Adm. Code 304.233 –
Proposed Rule, First Notice, Opinion and Order
R, Water
R03-15
SDWA Update, USEPA Amendments (July 1, 2002 through
December 31, 2002) – Proposed Rule, Proposal for Public
Comment, Opinion and Order
R, PWS
R03-19
In the Matter of: Proposed Amendments to Public Participation
Rules in 35 Ill. Adm. Code Part 309 NPDES Permits and
Permitting Procedures – Proposed Rule, First Notice, Opinion and
Order
R, Water
PCB 99-127
Ted Harrison Oil Company v. IEPA (open waiver)
UST
Appeal
OTHER ITEMS
ADOPTION OF PROPOSED CALENDAR YEAR 2004 BOARD MEETING DATES
January 8 July 8
January 22 July 22
February 5 August 5
February 19 August 19
March 4 September 2
March 18 September 16
11
April 1 October 7
April 15 October 21
May 6 November 4
May 20 November 18
June 3 December 2
June 17 ` December 16
The Chairman’s motion to approve the Calendar Year 2004 Board Meeting Dates was adopted
by a vote of 6-0.
ADJOURNMENT
Moved and seconded, by a vote of 6
-
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 June 19, 2003, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
