JULY 10, 2003
CHICAGO OFFICE – 100 W. Randolph Street
Conference Room 9-039
and
SPRINGFIELD OFFICE – 600 South Second Street
Video Conference Room 402
11:00 A.M.
ANNOUNCEMENTS
After calling the meeting to order, Chairman Johnson welcomed members of the public and staff
to the meeting.
Chairman Johnson noted that the Chicago portion of the meeting was moved
from the Board’s 11
th
floor office to the 9
th
floor due to video equipment failure, and apologized
to the public for any inconvenience. The Chairman explained that signs had been posted and
staff was personally directing the public to the 9
th
floor video conference room.
ROLL CALL
The Clerk of the Board called the roll.
All Board Members answered present except for Board
Member Marovitz joined the meeting in progress.
APPROVAL OF MINUTES
Minutes of the June 19, 2003 meeting were approved by a vote of 5-0. Board Member Karpiel
abstained.
RULEMAKINGS
R02-22
In the Matter of: Emission Reduction Market System Amendments
– On its own motion, the Board dismissed this in active docket to
amend the Board’s air pollution control regulations.
6-0
R, Air
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
R03-9
In the Matter of: Noise Rule Update: Amendments to 35 Ill. Adm.
Code 901 – The Board adopted a first notice opinion and order in
this matter to amend the Board’s noise regulations.
6-0
R, Noise
R03-11
In the Matter of: Site-Specific Rule for City of Effingham
Treatment Plant Fluoride Discharge, 35 Ill. Adm. Code 304.233 –
No action taken.
R, Water
R03-20
In the Matter of: Brownfields Site Restoration Program;
Amendments to 35 Ill. Adm. Code 740 – The Board adopted a first
notice opinion and order to establish procedures and standards for
administering the new Brownfields Site Restoration Program.
6-0
R, Land
Member Marovitz arrived at 11:15 a.m. and requested that the
Board return to R03-15, SDWA Update, USEPA Amendments
(July 1, 2002 through December 31, 2002), to allow him to move
an order.
R03-15
SDWA 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 public water supply regulations.
7-0
R, PWS
ADJUSTED STANDARDS
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) – No action taken.
Air
ADMINISTRATIVE CITATIONS
3
AC 03-31
County of Vermilion, Illinois v. Brickyard Disposal and Recycling,
Inc. – The Board granted complainant’s motion to strike violation
B. The Board found that this Vermilion County respondent
violated Section 21(o)(4) of the Act (415 ILCS 5/21(o)(4) (2002))
and ordered respondent to pay a civil penalty of $500.
7-0
AC 03-32
IEPA v. Sharyn Fuller and Carl Benedict – The Board granted
complainant’s motion to dismiss respondent Sharyn Fuller from this
matter. The Board accepted for hearing Peoria County respondent
Carl Benedict’s petition for review of an administrative citation.
7-0
AC 03-33
IEPA v. Olen G. Parkhill, Jr. – The Board accepted for hearing this
petition for review of an administrative citation against this
Champaign County respondent.
7-0
AC 03-34
IEPA v. Olen G. Parkhill, Jr. – The Board accepted for hearing this
petition for review of an administrative citation against this
Champaign County respondent.
7-0
AC 03-35
IEPA v. Denny D. Richey – The Board accepted an administrative
citation against this Clark County respondent.
7-0
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
4
PCB 00-180
People of the State of Illinois v. Jacobs Energy Corporation – In
this air and land enforcement action concerning a Rock Island
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 stipulation and
settlement agreement, ordered the respondent to pay a total civil
penalty of $10,500, and to cease and desist from further violations.
7-0
A&L-E
PCB 01-155
People of the State of Illinois v. Alloy Engineering and Casting
Company – In this Resource Conservation and Recovery Act, air,
and water enforcement action concerning a Champaign 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 stipulation and settlement agreement,
ordered the respondent to pay a total civil penalty of $75,000, and
to cease and desist from further violations.
7-0
A-E
PCB 03-147
People of the State of Illinois v. Westfield Homes of Illinois – In
this water 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 stipulation and settlement agreement, ordered
the respondent to pay a total civil penalty of $15,000, and to cease
and desist from further violations.
7-0
W-E
PCB 03-153
People of the State of Illinois v. C&F Packing Co., Inc. – In this
water 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 stipulation and settlement agreement, ordered
the respondent to pay a total civil penalty of $11,000, and to cease
and desist from further violations.
7-0
W-E
Motions and Other Matters
PCB 96-10
Vogue Tyre & Rubber Company v. IEPA – No action taken.
P-A, Land
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt, Co., Inc.,
W-E
5
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.
PCB 97-69
People of the State of Illinois v. Economy Plating, Inc. – No action
taken.
A-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 00-181
MDI Limited Partnership #42 v. Regional Board of Trustees for
Boone and Winnebago Counties, and Board of Education of
Belvidere District 100 – The Board granted the parties’ joint
motion for voluntary dismissal of this citizen’s land enforcement
involving a Boone County facility.
7-0
Citizens
L-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 03-51
People of the State of Illinois v. Draw Drape Cleaners, Inc. – No
action taken.
A-E
PCB 03-117
People of the State of Illinois v. Bi State Tire, 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 Rock Island County facility, the
Board ordered publication of the required newspaper notice.
7-0
L-E
PCB 03-125
City of Kankakee v. County of Kankakee, County Board of
Kankakee, and Waste Management of Illinois, Inc.; Merlin Karlock
Girard
6
PCB 03-133
PCB 03-134
PCB 03-135
v. County 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.; and Keith Runyon v. County of Kankakee, County
Board of Kankakee, and Waste Management, Inc. – No action
taken.
P-C-F-S-R
PCB 03-149
Township of Putnam 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 Fulton County facility.
7-0
UST
Appeal
PCB 03-155
Rosignol Marathon (Site Classification Work Plan) 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 Wabash County facility.
7-0
UST
Appeal
PCB 03-162
Tasim Fejza v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Will County facility.
7-0
UST
Appeal
PCB 03-177
Cady Oil Co. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Peoria County facility.
7-0
UST
Appeal
PCB 03-180
PCB 03-186
PCB 03-187
Royer Oil Company v. IEPA – The Board accepted for hearing
three underground storage tank appeals involving a Bond County
facility and granted the motions to consolidate PCB 03-180, PCB
03-186 and PCB 03-187. The Board also granted petitioner’s
motion for leave to file an amended petition in PCB 03-180.
7-0
UST
Appeal
7
PCB 03-185
Swif-T Food Mart v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Lake County facility.
7-0
UST
Appeal
PCB 03-211
Mark and Cynthia Heywood v. Dan and Darleen Sheehan – The
Board found that the alleged violations in the complaint were
neither duplicative nor frivolous, and accepted for hearing this
matter involving a Cook County facility.
7-0
Citizens
N-E
PCB 03-218
Rochelle Waste Disposal, L.L.C. v. City Council of the City of
Rochelle – The Board denied Concerned Citizens of Ogle County’s
petition to intervene in this pollution control facility siting appeal
involving an Ogle County facility.
7-0
P-C-F-S-R
PCB 03-221
Lowe Transfer, Inc. and Marshall Lowe v. County Board of
McHenry County, Illinois – The Board denied Village of Cary’s
petition to intervene in this pollution control facility siting appeal
involving a McHenry County facility.
7-0
P-C-F-S-R
PCB 03-224
People of the State of Illinois v. Village of Sims, Followell
Construction Company, Inc., and Lamac Engineering Company –
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 Wayne County facility,
the Board ordered publication of the required newspaper notice.
7-0
PWS-E
PCB 03-232
Gas for Less (Vista Marketing Group) 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 Winnebago County facility.
7-0
UST
Appeal
90-Day
Ext.
8
PCB 03-233
People of the State of Illinois v. Gerald Hewing d/b/a Hewing
Technical Services – The Board accepted for hearing this water
enforcement action involving a Shelby County facility.
7-0
W-E,
NPDES
PCB 03-235
United Disposal of Bradley, Inc. and Municipal Trust & Savings
Bank as Trustee Under Trust 0799 v. IEPA – The Board accepted
for hearing this permit appeal involving a Kankakee County
facility.
7-0
P-A, Land
PCB 03-236
Citizens Against Landfill Expansion v. American Disposal Services
of Illinois, Inc., and Livingston County Board, Livingston County
Illinois – No action taken.
P-C-F-S-R
3d Party
PCB 03-237
Estate of Olivia Tyberendt, Deceased v. IEPA – The Board
accepted for hearing this underground storage tank appeal
involving a Clinton County facility.
7-0
UST
Appeal
PCB 03-238
Tom’s Gas Stop 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
PCB 04-1
SCI Illinois Services, Inc. (August 1, 2002 – February 14, 2003) v.
IEPA – The Board accepted for hearing this underground storage
tank appeal involving a Cook County facility and granted the
motions to consolidate this matter with PCB 04-3. The Board also
granted petitioner’s motion to strike portions of the petition for
review.
7-0
UST
Appeal
PCB 04-2
Freedom Oil Company (March 1, 2002 – January 24, 2003) v.
IEPA – The Board accepted for hearing this underground storage
tank appeal involving a Edgar County facility and granted the
motions to consolidate this matter with PCB 03-54, 03-56, 03-105,
and 03-179.
7-0
UST
Appeal
9
PCB 04-3
SCI Illinois Services, Inc. v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a Cook
County facility and granted the motions to consolidate this matter
with PCB 04-1.
7-0
UST
Appeal
PCB 04-4
People of the State of Illinois v. Best-Way Construction &
Remediation, Inc. and Clinton 6 L.L.C. – The Board accepted for
hearing this air enforcement action involving a Cook County
facility.
7-0
A-E
CASES PENDING DECISION
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
AS 03-2
In the Matter 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)
Girard
Land
PCB 99-127
Ted Harrison Oil Company v. IEPA (open waiver)
UST
Appeal
OTHER ITEMS
10
ADJOURNMENT
Moved and seconded, by a vote of 7
-
0
,
Chairman Johnson adjourned the meeting at
11:50 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on July 24, 2003, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
