The following is the Illinois Pollution Control Board's tentative agenda for its April 4, 1996 Board meeting. The actual A...

ROLL CALL
CASES PENDING DECISION

JULY 24, 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. The Chairman announced that due to the move of the

Jacksonville and Springfield offices to the Illinois Environmental Protection Agency

building at 1021 North Grand East, the Boards computers would be out of service July

and 25

. Consequently, copies of opinion and orders could not be made available

until early in the week of July 28, 2003. The Chairman apologized for any inconvenience

caused by this interruption in computer access.

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 July 10, 2003 meeting were approved by a vote of 6-0.

RULEMAKINGS

R03-11

In the Matter of: Site-Specific Rule for City of Effingham

Treatment Plant Fluoride Discharge, 35 Ill. Adm. Code 304.233 –

The Board adopted a first notice opinion and order in this site-

specific rulemaking to amend the Board’s water pollution control

regulations.

6-0

R, Water

ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

ADJUSTED STANDARDS

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) – Subject to the conditions, the Board granted an

adjusted standard to the Metropolitan Water Reclamation District

of Greater Chicago from 35 Ill. Adm. Code 811.204, 811.314(c)(3),

812.313(d), 817.303 and 817.410(c)(2) and (3).

6-0

Land

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

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 99-19

Anthony And Karen Roti, Paul Rosenstrock, and Leslie Weber v.

LTD Commodities – The Board entered a final order finding

respondent liable for civil penalties in the amount of $15,000 and

ordered respondent to implement operational noise reduction

measures to eliminate the unreasonable interference. This order

follows the Board's interim order of February 15, 2001, which

found that respondent violated the nuisance noise provisions of the

Environmental Protection Act and the Board’s regulations found at

415 ILCS 5/24 (2002) and 35 Ill. Adm. Code 900.102 at a site

located at the northeast corner of the Interstate 94 tollway and

Route 22 at 2800 North Lakeside Drive in Bannockburn, Lake

County.

4-2

Johnson

and

Tristano

dissented

Citizens

N-E

PCB 99-127

Ted Harrison Oil Company v. IEPA – The Board reversed

Environmental Protection Agency’s (Agency) denial of

reimbursement to petitioner for corrective action activities, and

directed payment of $116,300 from the Underground Storage Tank

Fund.

6-0

UST

Appeal

PCB 00-219

Stephen G. Brill v. Henry Latoria d/b/a TL Trucking Foodliner –

No action taken.

Citizens

A&N-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.,

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. – The Board denied respondent’s motion to

reconsider the June 5, 2003 order, striking two affirmative defense

and declining to dismiss Fredrick as a respondent.

6-0

W-E

PCB 96-143

People of the State of Illinois v. Michel Grain Company, Inc. d/b/a

Michel Fertilizer, Caryle Michel, and Ronnie Todd – No action

taken.

W-E

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 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 02-164

Barbara and Ronald Stuart v. Franklin Fisher – No action taken.

Citizens

N-E

PCB 03-45

Wright Petroleum Company 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 Hancock County facility.

6-0

UST

Appeal

PCB 03-51

People of the State of Illinois v. Draw Drape Cleaners, Inc. – No

action taken.

A-E

PCB 03-71

Wabash Valley Service 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 Gallatin County facility.

6-0

UST

Appeal

PCB 03-74

People of the State of Illinois v. T.K. Fleming Construction, Inc. –

The Board granted complainant’s motion for voluntary dismissal of

this public water supply enforcement action involving a Vermilion

County facility.

6-0

PWS-E

PCB 03-141

Russell Oil Company 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 Saline County facility.

6-0

UST

Appeal

PCB 03-142

Henry Pratt Company 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 Kendall County facility.

6-0

UST

Appeal

PCB 03-154

Rossignol Marathon (Site Classification Completion Report) 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.

6-0

UST

Appeal

PCB 03-178

Bill’s Full Service 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 03-181

Gary Lewis 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 Clinton

County facility.

6-0

UST

Appeal

PCB 03-184

Northrup Oil Company 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 Princeton County facility.

6-0

UST

Appeal

PCB 03-188

Prime Time Citgo, Inc. and Alphonsus Olieh v. IEPA – The Board

accepted for hearing this underground storage tank appeal

involving a Kane County facility.

6-0

UST

Appeal

PCB 03-189

Brock Oil Company (Bloomington) 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 03-191

People of the State of Illinois v. Community Landfill Company,

Inc., and the City of Morris – No action taken.

L-E

PCB 03-192

Owens Oil Company (January 1, 1998 – June 30, 1998) v. IEPA -

The Board accepted for hearing six underground storage tank

appeals involving a Greene County facility and granted the motions

to consolidate PCB 03-194, PCB 03-195, PCB 03-196, PCB 03-

197, and PCB 03-203.

6-0

UST

Appeal

PCB 03-193

Jim’s Shell & Marine v. IEPA – The Board accepted for hearing

this underground storage tank appeal involving a Macoupin County

facility.

6-0

UST

Appeal

PCB 03-194

Owens Oil Company (March 1, 1997 – December 31, 1997) v.

IEPA - The Board accepted for hearing six underground storage

tank appeals involving a Greene County facility and granted the

motions to consolidate PCB 03-194, PCB 03-195, PCB 03-196,

PCB 03-197, and PCB 03-203.

6-0

UST

Appeal

PCB 03-195

Owens Oil Company (May 1, 1999 – December 31, 1999) v. IEPA

- The Board accepted for hearing six underground storage tank

appeals involving a Greene County facility and granted the motions

to consolidate PCB 03-194, PCB 03-195, PCB 03-196, PCB 03-

197, and PCB 03-203.

6-0

UST

Appeal

PCB 03-196

Owens Oil Company (December 1, 1999 – September 30, 2000) v.

IEPA - The Board accepted for hearing six underground storage

tank appeals involving a Greene County facility and granted the

motions to consolidate PCB 03-194, PCB 03-195, PCB 03-196,

PCB 03-197, and PCB 03-203.

6-0

UST

Appeal

PCB 03-197

Owens Oil Company (June 1, 1998 – May 31, 1999) v. IEPA - (see

The Board accepted for hearing six underground storage tank

appeals involving a Greene County facility and granted the motions

to consolidate PCB 03-194, PCB 03-195, PCB 03-196, PCB 03-

197, and PCB 03-203.

6-0

UST

Appeal

PCB 03-199

Thompson Service 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 03-201

Howard Warsaw 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 03-203

Owens Oil Company (March 1, 1997 – May 31, 1997) v. IEPA -

The Board accepted for hearing six underground storage tank

appeals involving a Greene County facility and granted the motions

to consolidate PCB 03-194, PCB 03-195, PCB 03-196, PCB 03-

197, and PCB 03-203.

6-0

UST

Appeal

PCB 03-235

United Disposal of Bradley, Inc. and Municipal Trust & Savings

Bank, as Trustee Under Trust 0799 – No action taken.

P-A, Land

PCB 03-236

Citizens Against Landfill Expansion v. American Disposal Services

of Illinois, Inc., and Livingston County Board, Livingston County

Illinois – The Board denied respondent’s motion to dismiss and

accepted for hearing this pollution control facility siting appeal

involving a Livingston County facility. Petitioner’s motion to

amend the petition was denied as moot.

6-0

P-C-F-S-R

3d Party

PCB 04-5

Lincoln Land FS, Inc. v. IEPA – The Board accepted for hearing

this underground storage tank appeal involving a Menard County

facility.

6-0

UST

Appeal

PCB 04-6

People of the State of Illinois v. Valley Run Stone – The Board

accepted for hearing this air enforcement action involving a

Kendall County facility.

6-0

A-E

PCB 04-7

People of the State of Illinois v. 4832 S. Vincennes, L.P. and

Batteast Construction Company of Illinois, Inc. – The Board

accepted for hearing this air enforcement action involving a Cook

County facility.

6-0

A-E

PCB 04-8

People of the State of Illinois v. Greg Prey individually and d/b/a

King Tire – The Board accepted for hearing this land enforcement

action involving a LaSalle County facility.

6-0

L-E

PCB 04-9

People of the State of Illinois v. Aargus Plastics, Inc. – The Board

accepted for hearing this air enforcement action involving a Cook

County facility.

6-0

A-E

PCB 04-10

Illinois State Toll Highway Authority (Belvidere North CACR) 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

Boone County facility.

6-0

UST

Appeal

90-Day

Ext.

PCB 04-11

Illinois State Toll Highway Authority (Belvidere North CAP) 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

Boone County facility.

6-0

UST

Appeal

90-Day

Ext.

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)

Land

PCB 99-127

Ted Harrison Oil Company v. IEPA (open waiver)

UST

Appeal

OTHER ITEMS

The Chairman’s motion to hold a Closed Deliberative Session on July 29, 2003 via videoconference at

10:00 a.m. was granted by a vote of 6-0.

ADJOURNMENT

Moved and seconded, by a vote of 6

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 August 7, 2003, by a vote of 6-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board