ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
September 18, 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.
ROLL CALL
The Clerk of the Board called the roll. All Board Members answered present except for Board
Members Marovitz and Padovan who were absent.
APPROVAL OF MINUTES
Minutes of the September 4, 2003 meeting were approved by a vote of 4-0. Board Member
Melas abstained.
RULEMAKINGS
R03-15
In the Matter of: SWDA Update, USEPA Amendments (July 1,
2002 through December 31, 2002 – No action taken.
R, PWS
R04-10
In the Matter of: Clean-Up Amendments to 35 Ill. Adm. Code Part
214 – The Board accepted for hearing the Illinois Environmental
Protection Agency’s September 2, 2003 proposal to amend the
formula in Section 214.184 of the Board’s air pollution control
regulations.
5-0
R, Air
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) (the "Paper Coating Rule") – The Board granted this
Cook County petitioner an adjusted standard, with conditions, from
volatile organic material emission requirements.
5-0
Air
ADMINISTRATIVE CITATIONS
AC 03-35
IEPA v. Denny D. Richey – The Board granted complainant’s
motion for voluntary dismissal of this administrative citation
involving a McLean County facility.
5-0
AC 04-01
County of Montgomery v. Luie and Mary Pease – The Board
granted complainant’s motion for voluntary dismissal of this
administrative citation involving a Montgomery County facility.
5-0
AC 04-2
County of Sangamon v. William McGlauchlen – The Board found
that this Sangamon County respondent violated Section 21(p)(1)
and (3) of the Act (415 ILCS 5/21(p)(1), (3) (2002)) and ordered
respondent to pay a civil penalty of $3,000
.
5-0
AC 04-04
IEPA v.Edward Sapp – The Board accepted for hearing this petition
for review of an administrative citation against this Logan County
respondent.
5-0
AC 04-6
IEPA v. Mary Lou Record and H. Frank Record – The Board
accepted for hearing this petition for review of an administrative
citation against these Logan County respondents.
5-0
AC 04-07
City of Chicago v. Marvin J. Wilson – The Board accepted an
administrative citation against this Cook County respondent.
2
AC 04-08
IEPA v. Roger Ray – The Board accepted an administrative citation
against this Moultrie County respondent.
AC 04-09
IEPA v. Larry Lord – The Board accepted an administrative
citation against this Marshall County respondent.
AC 04-10
County of Vermilion v. Bill Wernigk – The Board found that this
Vermilion County respondent violated Section 21(p)(1) and (7) of
the Act (415 ILCS 5/21(p)(1), (7) (2002)) and ordered respondent
to pay a civil penalty of $3,000
.
5-0
AC 04-11
IEPA v. Ricky and Jerry Hess – The Board accepted an
administrative citation against these Mclean County respondents.
ADJUDICATORY CASES
Decisions
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. – In this land enforcement
action concerning a Cook County facility, the Board granted
complainant’s motion to dismiss William Flood and Brian Flood.
The Board also 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
between the complainant and Flood Brothers Disposal Company,
Inc., ordered the respondent to pay a total civil penalty of $45,000,
and to cease and desist from further violations.
5-0
L-E
Motions and Other Matters
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt, Co., 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.
W-E
3
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 97-119
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 99-127
Ted Harrison Oil Company v. IEPA – No action taken.
UST
Appeal
PCB 99-134
People of the State of Illinois v. Peabody Coal Company – The
Board granted the parties’ joint motion for stay of proceedings until
December 1, 2003.
5-0
W-E
PCB 01-7
People of the State of Illinois v. QC Finishers, Inc. – The Board
denied respondent’s motion to reconsider its June 19, 2003 order.
5-0
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 02-77
People of the State of Illinois v. Millenium Recycling & Solid
Waste Consultants, Inc. – No action taken.
L-E
PCB 03-73
People of the State of Illinois v. Riverdale Recycling, Inc. and Tri-
State Disposal, Inc. – The Board granted complainant’s motion to
dismiss the respondents’ affirmative defenses. The Board granted
respondent 30 days from the date of this order, or until October 17,
2003 to provide the Board with a supplemental answer outlining
additional facts in support of each affirmative defense asserted.
4-1
Johnson
dissented
Girard
concurred
L-E
4
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.; Keith Runyon v. County of Kankakee, County Board
of Kankakee, and Waste Management of Illinois, Inc. – No action
taken.
L-E
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 03-218
Rochelle Waste Disposal, L.L.C. v. City Council of the City of
Rochelle, Illinois – The Board granted respondent’s motion for
extension of time to file the record, as well as as to file a reduced
number of copies.
5-0
UST
Appeal
PCB 03-219
Randall Industries v. IEPA – The Board found the petition deficient
in this underground storage tank appeal involving a DuPage County
facility. The Board ordered petitioner to file an amended petition to
cure deficiencies no later than October 17, 2003, or the petition
would be subject to dismissal. Petitioner was instructed to retain
counsel prior to filing an amended petition.
5-0
UST
Appeal
PCB 03-225
Pete’s Marathon (November 2, 2002 to November 30, 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 Marion County facility.
5-0
UST
Appeal
PCB 03-227
Pete’s Marathon (December 1, 2002 to December 31, 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 Marion County facility.
5-0
UST
Appeal
5
PCB 03-228
Graham C-Stores 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 Kane County facility.
5-0
UST
Appeal
PCB 03-229
Graham 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 Cook County facility.
5-0
UST
Appeal
PCB 03-236
Citizens Against Landfill Expansion (CALE) v. American Disposal
Services of Illinois, Inc. and Livingston County Board – The Board
granted petitioner’s motion for voluntary dismissal of this pollution
control facility siting appeal involving a Livingston County facility.
5-0
P-C-F-S-R
3d party
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 enforcement
action involving a DeKalb County facility.
Citizens
L&W-E
PCB 04-19
Paul and Donna Fredrickson v. Jeff Grelyak – The Board found that
the alleged violations in the complaint were neither duplicative nor
frivolous, and accepted for hearing this matter involving a
McHenry County facility.
Citizens
A&N
PCB 04-24
People of the State of Illinois v. Tri-K Development, 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 DuPage County facility, the
Board ordered publication of the required newspaper notice.
5-0
W-E
6
PCB 04-25
Gary Svacina 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.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-26
Lynn Erickson v. Charleston Classic Homes and Lawrence E.
VanSomeren, Jr. – The Board held for a later duplicative/frivolous
determination this citizen’s noise enforcement action involving a
DuPage County facility.
Citizens
N-E
PCB 04-27
Eastman Chemical Company v. IEPA – The Board granted this
request for a 90-day extension of time to file a Resource
Conservation and Recovery Act permit appeal on behalf of this
Kane County facility.
5-0
RCRA
P-A
90-Day
Ext.
PCB 04-28
People of the State of Illinois v. Village of Rantoul – 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 Champaign County facility, the
Board ordered publication of the required newspaper notice.
5-0
A-E
PCB 04-29
The City of Chicago v. Purex Industries, Inc, Federal Chicago
Corp., Federal Die Casting Co. and Raymond E. Cross – The Board
held for a later duplicative/frivolous determination this citizen’s
land enforcement action involving a Cook County facility. The
Board took no action on the motion to consolidate this case and
PCB 03-55.
Citizens
L-E
PCB 04-30
People of the State of Illinois v. Village of Enfield – Upon receipt
of a proposed stipulation and settlement agreement and an agreed
motion to request relief from the hearing requirement in this public
water supply enforcement action involving a White County facility,
the Board ordered publication of the required newspaper notice.
5-0
PWS-E
7
PCB 04-31
Broadus Oil 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 LaSalle County facility.
5-0
UST
Appeal
90 Day
Ext.
PCB 04-32
Roy Strom Building Corporation 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 Lake County facility.
5-0
UST
Appeal
90 Day
Ext.
CASES PENDING DECISION
PCB 03-221
Lowe Transfer, Inc. and Marshall Lowe v. County Board of
McHenry County, Illinois – (due 10/2)
P-C-F-S-R
OTHER ITEMS
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Johnson adjourned the meeting at
11:40 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on October 2, 2003, by a vote of 5-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
8
