ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
October 2, 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. Chairman Johnson congratulated staff member Alisa Liu and her husband Kai on
the birth of their son, Sean Jee Shing Liu. Chairman Johnson noted that Natalie Williams,
administrative assistant to Member Girard, was leaving the Board’s employ after 4 years of
service. The Chairman thanked her for her valuable contributions to the Board.
ROLL CALL
The Clerk of the Board called the roll. All Board Members were present.
APPROVAL OF MINUTES
Minutes of the September 18, 2003 meeting were approved by a vote of 5-0. Board Members
Marovitz and Padovan abstained.
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 second notice opinion and order in this site-
specific rulemaking to amend the Board’s water pollution control
regulations.
7-0
R, Water
R03-15
In the Matter of: SWDA 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
update the Board’s public water supply regulations.
7-0
R, PWS
ADMINISTRATIVE CITATIONS
AC 03-33
AC 03-34
IEPA v. Olen G. Parkhill, Jr. – The Board granted complainant’s
motion to consolidate for hearing these administrative citations
involving two sites located in Champaign County.
7-0
AC 04-5
IEPA v. Jerry Summers – The Board granted complainant’s motion
for voluntary dismissal of this administrative citation involving a
Fayette County facility.
7-0
AC 04-7
City of Chicago Department of Environment v. Marvin J. Wilson –
The Board granted complainant’s motion for voluntary dismissal of
this administrative citation involving a Cook County facility.
7-0
AC 04-8
IEPA v. Roger Ray – The Board accepted for hearing this petition
for review of an administrative citation against this Moultrie
County respondent.
7-0
AC 04-12
IEPA v. Tulley Robinson – The Board accepted an administrative
citation against this Union County respondent.
AC 04-13
City of Chicago Department of Environment v. Eddie Greer – The
Board accepted an administrative citation against this Cook County
respondent.
2
AC 04-14
City of Chicago Department of Environment v. Kazimierz Sobko –
The Board accepted an administrative citation against this Cook
County respondent.
AC 04-15
IEPA v. Anthony Funaro, Jr. – The Board accepted an
administrative citation against this Saline County respondent.
AC 04-16
IEPA v. James Farley – The Board accepted an administrative
citation against this Sangamon County respondent.
AC 04-17
IEPA v. Robert Thompson – The Board accepted an administrative
citation against this Alexander County respondent.
ADJUDICATORY CASES
Decisions
PCB 03-128
People of the State of Illinois v. Robert Hamm d/b/a Three R’s
Builders – In this public water supply 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 $2,500 and to cease and
desist from further violations.
6-1
Marovitz
dissented
PWS-E
PCB 03-221
Lowe Transfer, Inc. and Marshall Lowe v. County Board of
McHenry County, Illinois – The Board affirmed the decision of
County Board of McHenry County which denied Marshall Lowe
and Lowe Transfer, Inc.’s application to site a waste transfer
station.
7-0
P-C-F-S-R
3
Motions and Other Matters
PCB 92-109
Archer Daniels Midland Company v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Macon County facility.
7-0
P-A, Air
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
PCB 96-143
People of the State of Illinois v. Michel Grain Company, Inc. d/b/a
Michel Fertilizer, Caryle Michel, and Ronnie Todd and Ronnie
Todd Land Trust – The Board denied respondent’s motion to
dismiss Ronnie Todd and Ronnie Todd Land Trust from this
enforcement action involving two facilities located in Jefferson and
Hamilton Counties
7-0
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. – The Board
granted complainant’s motion to deem facts admitted.
7-0
L-E
PCB 98-148
People of the State of Illinois v. Doren Poland, Lloyd Yoho, and
Briggs Industries, Inc. – No action taken.
L-E
PCB 99-19
Karen & Anthony Roti, Paul Rosenstrock, and Leslie Weber v.
LTD Commodities – No action taken.
A-E
PCB 99-127
Ted Harrison Oil Company v. IEPA – No action taken.
UST
Appeal
PCB 01-43
People of the State of Illinois v. Michael Stringini – No action
taken.
L-E
4
PCB 02-03
People of the State of Illinois v. Texaco Refining & Marketing, Inc.
– No action taken.
L&W-E
PCB 02-63
People of the State of Illinois v. MII, 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 Morgan County facility, the Board
ordered publication of the required newspaper notice.
7-0
A-E
PCB 02-77
People of the State of Illinois v. Millenium Recycling & Solid
Waste Consultants, Inc., Sherri Clementi, individually and as
president of Millenium Recycling & Solid Waste Consultants, Inc.,
and Michael Lorence, individually – The Board entered a default
order against Millenium Recycling and Solid Waste Consultants,
Inc. (Millenium) for repeated failure to comply with Board and
hearing officer orders to appear and proceed with this case.
Accordingly, the Board found that Millenium violated Sections
21(a), 21 (d)(1), 21(e), and 21(p)(1) of the Environmental
Protection Act (415 ILCS 5/21(a), (d)(1), (e), and (p)(1) (2002)).
The Board ordered complainant to provide proof of service of the
April 10, 2003 amended complaint by November 1, 2003. In order
to remedy any deficiency in service on Michael Lorence, Lorence
was given until December 1, 2003, to answer the complaint. The
Board directed complainant to file, on or before December 15,
2003, a motion or other appropriate pleading suggesting what, if
any, additional proceedings are appropriate in this matter as to each
respondent, including any suggestions concerning appropriate
remedy or penalty. Respondents may file any responses they may
have on or before January 2, 2004.
7-0
L-E
PCB 03-53
People of the State of Illinois v. Northern Building Concepts, Inc.
and Landscape Concepts Construction, 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 Lake County facility, the Board
ordered publication of the required newspaper notice.
7-0
W-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.; Keith Runyon v. County of Kankakee, County Board
of Kankakee, and Waste Management of Illinois, Inc. – No action
taken.
L-E
PCB 03-190
People of the State of Illinois v. Village of Cherry Valley – 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 Winnebago County facility,
the Board ordered publication of the required newspaper notice.
7-0
PWS-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 03-238
Tom’s Gas Stop 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 04-7
People of the State of Illinois v. 4832 Vincennes, L.P and Batteast
Construction Company of Illinois, Inc. – No action taken.
A-E
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 Trippp – No action taken.
Citizens
L&W-E
PCB 04-19
Paul and Donna Fredrickson v. Jeff Grelyak – No action taken.
A&N-E
PCB 04-26
Lynn Erickson v. Charleston Classic Homes and Lawrence E.
VanSomeren, Jr. – No action taken.
Citizens
N-E
6
PCB 04-29
The City of Chicago v. Purex Industries, Inc, Federal Chicago
Corp., Federal Die Casting Co. and Raymond E. Cross – No action
taken.
Citizens
L-E
PCB 04-33
Byron Sandberg v. The City of Kankakee, Illinois City Council,
Town and Country Utilities, Inc. and Kankakee Regional Landfill,
L.L.C. – The Board accepted for hearing this third-party pollution
control facility siting appeal involving a Kankakee County facility
and on its own motion consolidated this matter with PCB 04-34 and
PCB 04-35.
7-0
P-C-F-S-R
PCB 04-34
Waste Management of Illinois, Inc. v. The City of Kankakee,
Illinois City Council, Town and Country Utilities, Inc. and
Kankakee Regional Landfill, L.L.C. The Board accepted for
hearing this third-party pollution control facility siting appeal
involving a Kankakee County facility and on its own motion
consolidated this matter with PCB 04-33 and PCB 04-35.
7-0
P-C-F-S-R
PCB 04-35
County of Kankakee, Illinois and Edward D. Smith, Kankakee
County State’s Attorney v. City of Kankakee, Illinois, The City of
Kankakee, Illinois City Council, Town and Country Utilities, Inc.,
and Kankakee Regional Landfill, L.L.C. – The Board accepted for
hearing this third-party pollution control facility siting appeal
involving a Kankakee County facility and on its own motion
consolidated this matter with PCB 04-33 and PCB 04-34.
7-0
P-C-F-S-R
PCB 04-36
Michael A. Petrosius and Darla G. Petrosius v. The Illinois State
Toll Highway Authority – The Board held for a later
duplicative/frivolous determination this citizen’s noise enforcement
action involving a Cook County facility.
Citizens
N-E
PCB 04-37
Piasa Motor Fuels 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 Madison County facility.
7-0
UST
Appeal
7
PCB 04-38
Cooper Oil Company 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 Clay County facility.
7-0
UST
Appeal
PCB 04-39
Kresser Motor Service, Inc. 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.
7-0
UST
Appeal
PCB 04-40
Premcor Refining Group v. IEPA – No action taken.
UST
Appeal
OTHER ITEMS
ADJOURNMENT
Moved and seconded, by a vote of 7-0, Chairman Johnson adjourned the meeting at
11:35 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on October 18, 2003, by a vote of 7-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
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