September 4, 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 except for Board
Members Marovitz and Melas who were absent.
APPROVAL OF MINUTES
Minutes of the August 21, 2003 meeting were approved by a vote of 5-0.
RULEMAKINGS
R03-8
In the Matter of: Noise Rule Update: Amendments to 35 Ill. Adm.
Code 900 and 903 – The Board adopted a final opinion and order
amending the Board’s noise pollution control regulations.
5-0
R, Noise
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
R03-13
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (July 1, 2002 through December 31, 2002) – The
Board adopted a final opinion and order in this “identical-in-
substance” rulemaking to amend the Board’s wastewater
pretreatment regulations.
5-0
R, Water
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 adopted a first notice opinion
and order in this rulemaking to amend the Board’s water pollution
control regulations.
5-0
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 second notice opinion and order in this rulemaking
to amend the Board’s public water supply regulations.
5-0
R, PWS
ADMINISTRATIVE CITATIONS
AC 03-11
City of Chicago Department of Environment v. City Wide Disposal
Inc. – The Board entered an interim opinion and order finding
respondent violated Sections 21(p)(1) and (p)(7) of the
Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(7) (2002))
and assessing a penalty of $6,000. The Board ordered the Clerk of
the Board and the Environmental Protection Agency to file within
14 days a statement of hearing costs, supported by affidavit, with
service on respondent. Respondent may file responses to the
statements within 14 days.
5-0
3
ADJUDICATORY CASES
Decisions
PCB 03-117
People of the State of Illinois v. Bi-State Tire, Inc. – In this 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, and
ordered the respondent to pay a total civil penalty of $6,000 and to
cease and desist from further violations.
5-0
L-E
PCB 03-224
People of the State of Illinois v. Village of Sims, Followell
Construction Company, Inc., and Lamac Engineering Company –
In this public water supply enforcement action concerning a Wayne
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)), and accepted three separate final
stipulation and settlement agreements. The Village of Sims agreed
to pay a $500 civil penalty, while Followell Construction Company,
Inc. and Lamac Engineering Company agreed to pay a $5,000 civil
penalty each. The respondents were ordered to cease and desist
from further violations.
5-0
PWS-E
Motions and Other Matters
PCB 96-10
Vogue Tyre & Rubber Company v. IEPA – The Board denied
respondent’s motion for summary judgment.
5-0
P-A, Land
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt, Co., Inc.,
Edwin 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 granted complainant’s motion to
compel in part and directed the respondents to respond to discovery
on or before September 30, 2003.
5-0
W-E
4
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, Inc., and Brian Flood, individually
and as president of C&S Recycling, Inc. – No action taken.
L-E
PCB 97-119
People of the State of Illinois v. G&M Total, Inc., George Papas,
individually and as President of G&M Total, Inc. – No action
taken.
L-E
PCB 98-136
Illinois State Toll Highway Authority (Lake Forest Oasis - East) v.
IEPA – The Board granted petitioner’s motion for voluntary
dismissal of this underground storage tank appeal involving a Lake
County facility.
5-0
P-A, Air
PCB 99-19
Anthony And Karen Roti, Paul Rosenstrock, and Leslie Weber v.
LTD Commodities – The Board did not rule on the merits of
respondent’s August 28, 2003 motion for reconsideration of its July
24, 2003 decision, but noted under the procedural rules the order is
stayed, until the final disposition of respondent’s motion for
reconsideration.
5-0
Citizens
N-E
PCB 99-187
Gina Pattermann v. Boughton Trucking and Materials, Inc. – The
Board issued an order clarifying its August 7, 2003 Order, barring
introduction of certain testimony and refusing to reopen discovery.
5-0
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. – The Board denied the
respondents’ motions for summary judgment on count I of the
amended complaint and for partial summary judgment for the
period after March 1, 2002.
5-0
A-E
5
PCB 00-163
David and Jacquelyn McDonough v. Gary Robke – The Board
granted respondent’s motion to modify the Board’s February 6,
2003 Order. The Board stayed paragraph 3 of its February 6, 2003
order until March 1, 2004.
5-0
Citizens
N-E
PCB 00-205
Werner Company v. IEPA – The Board granted petitioner’s motion
for voluntary dismissal of this permit appeal involving a Cook
County facility.
5-0
P-A, Air
PCB 01-7
People of the State of Illinois v. QC Finishers, Inc. – No action
taken.
A-E
PCB 01-43
People of the State of Illinois v. Michael Stringini – No action
taken.
L-E
PCB 02-03
People of the State of Illinois v. Texaco Refining & Marketing, Inc.
– No action taken.
L&W-E
PCB 03-65
Knox College v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal
involving a Knox County facility.
5-0
UST
Appeal
PCB 03-66
Klean Car Wash, 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 Cook County facility.
5-0
UST
Appeal
PCB 03-73
People of the State of Illinois v. Riverdale Recycling, Inc. and Tri-
State Disposal, Inc. – No action taken.
L-E
6
PCB 03-87
Main Station v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal
involving a Knox County facility. This renders moot respondent’s
motion to strike part of the administrative record.
5-0
UST
Appeal
PCB 03-128
People of the State of Illinois v. Robert Hamm, d/b/a Three R’s Pier
Builders – 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 Lake
County facility, the Board ordered publication of the required
newspaper notice.
5-0
W-E
PCB 03-160
Wareco Service, Inc. v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Knox County facility.
5-0
UST
Appeal
PCB 03-162
Tasim Fejza v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal
involving a Will County facility.
5-0
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 03-208
Stanford Property 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 Clay
County facility.
5-0
UST
Appeal
PCB 03-209
Silvestri Paving Company (September 11, 2002 to November 20,
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.
5-0
UST
Appeal
7
PCB 03-212
Wareco Service, Inc. v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Knox County facility.
5-0
UST
Appeal
PCB 03-218
Rochelle Waste Disposal, L.L.C. v. City Council of the City of
Rochelle, Illinois – No action taken.
UST
Appeal
PCB 03-219
Randall Industries v. IEPA – No action taken.
UST
Appeal
PCB 03-221
Lowe Transfer, Inc. and Marshall Lowe v. County Board of
McHenry County, Illinois – The Board denied petitioners’ motion
requesting a site visit. The remaining motions were referred to the
hearing officer for disposition.
5-0
P-C-F-S-R
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 04-19
Paul and Donna Fredrickson v. Jeff Grelyak – The Board held for a
later duplicative/frivolous determination this citizen’s air and noise
enforcement action involving a McHenry County facility.
Citizens
A&N
PCB 04-21
Andy's Drive-In 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 Alexander County facility.
5-0
UST
Appeal
90-Day
Ext.
8
PCB 04-22
Wei Enterprises v. IEPA (UST Fund Reimbursement) – The Board
granted this request for a 90-day extension of time to file an
underground storage tank appeal on behalf of this St. Clair County
facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-23
Wei Enterprises (Modified Site Correction Action Plan) 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 St. Clair
County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-24
People of the State of Illinois v. Tri-K Development, Inc. – The
Board accepted for hearing this air enforcement action involving a
DuPage County facility.
5-0
W-E
CASES PENDING DECISION
OTHER ITEMS
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Johnson adjourned the meeting at
11:29 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on September 18, 2003, by a vote of 4-0, Member Melas abstained.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
