August 7, 2003
Chicago/Springfield Videoconference
CHICAGO OFFICE – 100 W. Randolph Street
Videoconference Room 11-512
and
SPRINGFIELD OFFICE – 1021 N. Grand Avenue East
Oliver Holmes Conference Room 2012 N, Second Floor
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 answered present.
APPROVAL OF MINUTES
Minutes of the July 24, 2003 meeting were approved by a vote of 6-0. Board Member Karpiel
abstained.
RULEMAKINGS
R04-2
In the Matter of: Exemptions from the Definition of VOM Update,
USEPA Regulations (January 1, 2003 through June 30, 2003 – The
Board dismissed this reserved identical-in-substance docket
because the United States Environmental Protection Agency did not
amend its exemptions from the definition of volatile organic
material during the update period of January 1, 2003 through June
30, 2003.
7-0
R. Air
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
R04-4
In the Matter of: UIC Update, USEPA Regulations (January 1,
2003 through June 30, 2003) – The Board dismissed this reserved
identical-in-substance docket because the United States
Environmental Protection Agency did not amend its underground
injection control regulations during the update period of January 1,
2003 through June 30, 2003.
7-0
R, Land
R04-6
In the Matter of: RCRA Subtitle C Update, USEPA Regulations
(January 1, 2003 through June 30, 2003) – The Board dismissed
this reserved identical-in-substance docket because the United
States Environmental Protection Agency did not amend its
hazardous waste regulations during the update period of January 1,
2003 through June 30, 2003.
7-0
R, Land
R04-7
In the Matter of: UST Update, USEPA Regulations (January 1,
2003 through June 30, 2003) – The Board dismissed this reserved
identical-in-substance docket because the United States
Environmental Protection Agency did not amend its exemptions
from the definition of underground storage tank during the update
period of January 1, 2003 through June 30, 2003.
7-0
R, Land
ADJUSTED STANDARDS
AS 01-3
In the Matter of: Petition of DeKalb Sanitary District for an
Adjusted Standard from 35 Ill. Adm. Code 302.208(e) – The Board
granted petitioner’s motion for voluntary dismissal of this request
for an adjusted standard involving a DeKalb County facility.
7-0
Water
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 granted petitioner’s motions for expedited
review and transcripts.
7-0
Air
3
ADMINISTRATIVE CITATIONS
AC 03-35
IEPA v. Denny D. Richey – No action taken.
AC 04-1
County of Montgomery v. Luie and Mary Pease – The Board
accepted an administrative citation against these Montgomery
County respondents.
AC 04-2
County of Sangamon v. William McGlauchlen – The Board
accepted an administrative citation against this Sangamon County
respondent.
AC 04-3
County of Sangamon v. Louis Rutherford – The Board accepted an
administrative citation against this Sangamon County respondent.
ADJUDICATORY CASES
Decisions
PCB 95-180
People of the State of Illinois v. Archer Daniels Midland Company
– In this air enforcement action concerning a Macon 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,
and ordered the respondent to pay a total civil penalty of $160,000
and to cease and desist from further violations.
7-0
A-E
PCB 97-33
People of the State of Illinois v. Archer Daniels Midland Company
– In this air enforcement action concerning a Peoria 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, and
ordered the respondent to pay a total civil penalty of $80,000 and to
cease and desist from further violations.
7-0
A-E
4
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 – The
Board entered a final order finding respondent Briggs liable for
civil penalties in the amount of $25,000 and Poland and Yoho liable
for civil penalties in the amount of $5,000. The Board also ordered
respondents to remediate the unpermitted area by applying a final
cover. This order follows the Board's interim order of September 6,
2001, which found that respondents violated Sections 21(a), (d),
(e), and (p)(1) of the Environmental Protection Act (415 ILCS
5/21(a), (d), (e), (p)(1) (2002)) and 35 Ill. Adm. Code 807.201,
807.202(a), 812.101 of the Board’s waste disposal regulations at a
site located in Knox County. The Board ordered that the third-party
complaint be remanded to the hearing officer for hearing.
7-0
L-E
PCB 99-92
People of the State of Illinois v. Hartz Construction Co., 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 stipulation and settlement agreement, and
ordered the respondent to pay a total civil penalty of $31,500 and to
cease and desist from further violations.
7-0
L-E
PCB 00-219
Stephen G. Brill v. Henry Latoria d/b/a TL Trucking Foodliner –
The Board entered a final order, which ordered respondent to
implement physical and operational noise reduction measures to
eliminate the unreasonable noise interferences. This order follows
the Board's interim order of June 6, 2002, which found that
respondent violated Sections 9(a) and 24 of the Environmental
Protection Act (415 ILCS 5/9(a), 24 2002) and 35 Ill. Adm. Code
900.102 of the Board’s regulations at a site located in Cook County.
7-0
Citizens
A&N-E
5
PCB 03-125
PCB 03-133
PCB 03-134
PCB 03-135
City of Kankakee v. County of Kankakee, County Board of
Kankakee, and Waste Management of Illinois, Inc.; Merlin Karlock
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. – The Board
vacated the Kankakee County Board’s (County Board) January 31,
2003 decision granting an application for expansion of a pollution
control facility owned and operated by Waste Management of
Illinois, Inc. for the facility located in Kankakee County, Illinois.
The Board found that the County Board lacked jurisdiction to
review the siting application.
7-0
P-C-F-S-R
Motions and Other Matters
PCB 96-10
Vogue Tyre & Rubber Company v. IEPA – No action taken.
P-A, Land
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 97-9
People of the State of Illinois v. C&S Recycling, Inc., Flood
Brothers Disposal Company, Inc., William Flood, Individually and
as Treasurer of C&S Recycling, and Brian Flood, Individually and
as President of C&S Recycling – 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.
7-0
L-E
PCB 97-69
People of the State of Illinois v. Economy Plating, Inc. – No action
taken.
A-E
6
PCB 98-169
Union Oil Company of California d/b/a Unocal v. Barge-Way Oil
Company, Inc., Gertrude Kellogg, Joseph Kellogg, DuPage
Enterprises, Inc. d/b/a Dunn Rent-A-Car, Jan P. Skladany, and Carl
J. Skladany – The Board granted complainant’s motion for
voluntary dismissal of this citizen’s land enforcement action
involving a DuPage County facility.
7-0
L-E
PCB 99-187
Gina Pattermann v. Boughton Trucking and Materials, Inc. – The
Board granted respondent’s motion for discovery sanctions in part
and denied the motion in part. The Board bared Mr. Greg Zak’s
testimony at hearing, but denied respondent’s motion to bar any
other witnesses, pleadings, or documents pertaining to the subject
matter of Mr. Zak’s proposed testimony. The Board also denied
respondent’s motion for attorney fees.
7-0
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 00-163
David and Jacquelyn McDonough v. Gary Robke – No action
taken.
Citizens
N-E
PCB 00-180
People of the State of Illinois v. Jacobs Energy Corporation – The
Board granted respondent’s motion for modification of its July 10,
2003 order.
7-0
A&L-E
PCB 01-43
People of the State of Illinois v. Michael Stringini – No action
taken.
L-E
PCB 01-121
Abed Nesheiwat and SAQ, Inc. (Tony’s Gas) v. IEPA – The Board
ordered petitioner to retain an attorney within 30 days, or this
matter would be subject to dismissal.
7-0
UST
Appeal
PCB 02-03
People of the State of Illinois v. Texaco Refining & Marketing, Inc.
– No action taken.
L&W-E
7
PCB 02-77
People of the State of Illinois v. Millenium Recycling and Solid
Waste Consultants, Inc. – No action taken.
L-E
PCB 02-115
People of the State of Illinois v. Blue Ridge Construction
Corporation – The Board granted complainant’s motion for partial
summary judgment against respondent. The Board found that
respondent violated Sections 9(a), 12(d), 21(a), (e), (p)(1) and
(p)(2) of the Environmental Protection Act (415 ILCS 5/9(a), 9(a),
12(d), 21(a), (e), (p)(1) and (p)(2) 2002), 35 Ill. Adm. Code
201.141 of the Board’s regulations, and 40 C.F.R. 61.145(a) and
(b)(1) of the National Emission Standards for Hazardous Air
Pollutants. The Board directed the parties to hearing as
expeditiously as practicable on the specific issue of penalty.
7-0
A&W-E
PCB 02-164
Barbara and Ronald Stuart v. Franklin Fisher – The Board denied
respondent’s motion for site visit.
7-0
Citizens
N-E
PCB 03-51
People of the State of Illinois v. Draw Drape Cleaners, Inc. – No
action taken.
A-E
PCB 03-87
Main Station v. IEPA – No action taken.
UST
Appeal
PCB 03-96
Martin E. & Kathy L. Geber v. Carri Scharf Trucking and
Materials, Carri Scharf Materials Company, and East Side
Materials, L.L.C. – No action taken.
N-E
PCB 03-144
Waste Management of Illinois, Inc. v. County Board of Kankakee
County, Illinois – The Board granted petitioner’s motion to dismiss
this appeal of siting conditions for a facility located in Kankakee
County, Illinois.
7-0
P-C-F-S-R
8
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 03-200
Earl’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 Cook
County facility.
7-0
UST
Appeal
PCB 03-205
Jack’s 66 Service Station 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 Madison County facility.
7-0
UST
Appeal
PCB 03-207
Silvestri Paving Company (September 11, 2002 to November 19,
2002) 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 Cook County
facility.
7-0
UST
Appeal
PCB 03-212
Wareco Service, Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Knox County facility.
7-0
UST
Appeal
PCB 03-213
Winslow Boco (Strata Geologic Services, Inc.) v. IEPA – The
Board accepted for hearing this underground storage tank appeal
involving a Stephenson County facility.
7-0
UST
Appeal
PCB 03-221
Lowe Transfer, Inc. and Marshall Lowe v. County Board of
McHenry County, Illinois – The Board granted petitioners’ motion
to strike, but denied petitioners’ motion for sanctions. In addition,
the Board struck the Village of Cary’s motion and the response to
the motion to strike and request for sanctions. Finally, the Board
granted in part and denied petitioners’ motion
in limine
.
7-0
P-C-F-S-R
PCB 03-235
United Disposal of Bradley, Inc. and Municipal Trust & Savings
Bank, as Trustee Under Trust 0799 v. IEPA – No action taken.
P-A, Land
9
PCB 03-237
Estate of Olivia Tyberendt v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Clinton County facility.
7-0
UST
Appeal
PCB 04-12
Teresa L. Shepro, as Trustee of the Justice W. Shepro Trust, and
Teresa L. Shepro and Frank Wiemerslage, as beneficiaries under
Trust No. 898, of the Chicago Trust Company v. Newby Oil
Company, David E. Tripp and Janice Tripp – The Board held for a
later duplicative/frivolous determination this citizen’s noise
enforcement action involving a DeKalb County facility.
Citizens
L&W-E
PCB 04-13
People of the State of Illinois v. Intermatic Incorporated – The
Board accepted for hearing this air enforcement action involving a
McHenry County facility.
7-0
A-E
PCB 04-14
McDonald’s Corporation v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Cook County
facility.
7-0
UST
Appeal
PCB 04-15
People of the State of Illinois v. Atkinson Grain & Fertilizer, Inc. –
The Board accepted for hearing this water enforcement action
involving a Henry County facility.
7-0
W-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
OTHER ITEMS
Chairman’s Motion to change Springfield board meeting location was granted by a vote
of 7-0.
10
ADJOURNMENT
Moved and seconded, by a vote of 7
-
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 August 21, 2003, by a vote of 7
-
0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
