ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
OCTOBER 16, 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. Chairman Johnson congratulated Board Assistant Amy Antoniolli on her recent
marriage.
ROLL CALL
The Clerk of the Board called the roll. All Board Members were present.
APPROVAL OF MINUTES
Minutes of the October 2, 2003 meeting were approved by a vote of 7-0.
RULEMAKINGS
R03-9
In the Matter of: Proposed New and Updated Rules for
Measurement and Numerical Sound Emissions Standards
Amendments to 35 Ill. Adm. Code 901 and 910 – The Board found
that holding this proposal and scheduling an additional hearing to
consider both substantive changes and economic impact is
warranted under Section 5-40 of the Administrative Procedure Act
(5 ILCS 100/5-40 (2002)). The hearing officer was directed to
expeditiously notify the public and hold another hearing prior to
second notice.
7-0
R, Noise
ADMINISTRATIVE CITATIONS
AC 03-11
City of Chicago Department of Environment v. City Wide Disposal,
Inc. – The Board entered an order requiring respondent to pay
the
Board hearing costs in the amount of $453.25 and a civil penalty of
$6,000. This order follows the Board's interim order of September
4, 2003, which found that this respondent had violated Sections
21(p)(1) and (p)(7) of the Environmental Protection Act (415 ILCS
5/21(p)(1), (p)(7) (2002)) at it’s Cook County facility.
7-0
AC 04-18
IEPA v. Luther Coleman – The Board accepted an administrative
citation against this Saline County respondent.
ADJUDICATORY CASES
Decisions
PCB 04-24
People of the State of Illinois v. Tri-K Development, Inc. – In this
water enforcement action concerning a DuPage 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 $7,500 and to
cease and desist from further violations.
7-0
W-E
PCB 04-28
People of the State of Illinois v. Village of Rantoul – In this water
enforcement action concerning a Champaign 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 $4,446 and to
cease and desist from further violations.
7-0
A-E
2
PCB 04-30
People of the State of Illinois v. Village of Enfield – In this public
water supply enforcement action concerning a White 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.
7-0
PWS-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. –
The Board granted respondent’s motion in part to dismiss the
complainant’s second amended complaint and to recuse
complainant’s attorney. The Board denied the portion of the motion
requesting dismissal of the second amended complaint. The Board
disqualified complainant’s attorney Joel Sternstein from further
appearing in this proceeding.
5-1
Tristano
dissented
Melas
abstained
W-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 – The Board granted complainants’ attorney’s
motion for leave to withdraw as counsel.
7-0
A-E
PCB 99-127
Ted Harrison Oil Company v. IEPA – The Board granted
petitioner’s motion to modify its July 24, 2003 order to include
reimbursement for legal fees. The Board’s original order reversed
Environmental Protection Agency’s denial of reimbursement to
petitioner for corrective action activities, and directed payment of
$116,300 from the Underground Storage Tank Fund.
7-0
UST
Appeal
3
PCB 01-43
People of the State of Illinois v. Michael Stringini – The Board
granted complainant’s motion for summary judgment as to counts I,
II, III, IV, V, VI, VIII, X and XI. The Board found that respondent
was not in violation as alleged in count IX, and granted his motion
for summary judgment on that count. The parties were directed to
proceed to hearing on the remaining alleged violations and remedy.
7-0
L-E
PCB 01-121
Abed Nesheiwat and SAQ, Inc. (Tony’s Gas) v. IEPA – The Board
on its on motion dismissed this matter. This is in response to the
Board’s order of August 7, 2003, which instructed petitioners to
retain a licensed attorney by September 6, 2003.
7-0
UST Fund
PCB 02-03
People of the State of Illinois v. Texaco Refining & Marketing, Inc.
– No action taken.
L&W-E
PCB 02-213
People of the State of Illinois v. Action Athletic, 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
A-E
PCB 03-38
Morry Gabel, Myra Gabel, Don Foreman, Marsha Foreman, Keith
Pinsoneault and Tracy Pinsoneault v. The Wealshire, Inc. – No
action taken.
N-E
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. – The Board
denied both petitioner Watson’s and respondent Waste
Management of Illinois, Inc.’s motions to reconsider the Board's
Opinion and Order of August 7, 2003.
7-0
L-E
PCB 03-191
People of the State of Illinois v. Community Landfill Company,
7-0
4
Inc., and the City of Morris – The Board granted complainant’s
motion to strike affirmative defenses in part and denied the motion
in part. The parties are directed to proceed to hearing.
L-E
PCB 03-204
Warren’s Service v. IEPA – The Board granted petitioner’s motion
for voluntary dismissal of this underground storage tank appeal
involving a Mercer 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 Tripp – The Board ordered
complainants to file an amended complaint within 30 days, or this
matter would be subject to dismissal.
7-0
Citizens
L&W-E
PCB 04-19
Paul and Donna Fredrickson v. Jeff Grelyak – The Board denied
respondent’s motion to dismiss. The parties are directed to proceed
to hearing on the alleged violations.
7-0
A&N-E
PCB 04-26
Lynn Erickson v. Charleston Classic Homes and Lawrence E.
VanSomeren, Jr. – No action taken.
Citizens
N-E
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 04-36
Michael A. Petrosius and Darla G. Petrosius v. The Illinois State
Toll Highway Authority – No action taken.
Citizens
N-E
5
PCB 04-40
Premcor Refining Group 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
PCB 04-41
Quality Pork L.L.C. (Property Identification Number 24-05-300-
004) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Quality Pork L.L.C. located in
Ogle County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2002)).
7-0
T-C
PCB 04-42
Peter Brothers Pork (Property Identification Number 05-0-0302-
002-00) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Peter Brothers Pork located in
Adams County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2002)).
7-0
T-C
PCB 04-43
Gregory M. and Nancy C. Leigh (Property Identification Number
06-05-26-200-002) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Gregory M. and
Nancy C. Leigh located in Lee County are pollution control
facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2002)).
7-0
T-C
PCB 04-44
Schabacker Brothers Farms (Property Identification Number 17-11-
400-001) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Schabacker Brothers Farms
located in Ogle County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2002)).
7-0
T-C
6
PCB 04-45
Glen Schmidgall (Property Identification Number 19-19-16-200-
01) v. IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Glen Schmidgall located in Tazewell County
are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10
(2002)).
7-0
T-C
PCB 04-46
People of the State of Illinois v. Marathon Ashland Pipeline, L.L.C.
– 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 Clark County facility,
the Board ordered publication of the required newspaper notice.
7-0
A-E
PCB 04-47
Saint-Gobain Containers, Inc, v. IEPA – The Board accepted for
hearing this permit appeal involving a Logan County facility.
7-0
P-A, Air
PCB 04-48
Village of Robbins and Allied Waste Transportation, Inc. v. IEPA –
The Board granted this request for a 90-day extension of time to file
a permit appeal on behalf of this Cook County facility.
7-0
P-A, Land
90-Day
Ext.
PCB 04-49
Jo’Lyn Corp. v. IEPA – The Board accepted for hearing this permit
appeal involving a McHenry County facility.
7-0
P-A, Land
PCB 04-50
People of the State of Illinois v. MacMurray College – The Board
accepted for hearing this air enforcement action involving a
Morgan County facility.
7-0
A-E
7
PCB 04-51
Illinois State Toll Highway Authority (Lincoln Oasis North) 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.
7-0
UST
Appeal
90-Day
Ext.
OTHER ITEMS
The Chairman’s motion to hold a Closed Deliberative Session on October 30, 2003 at 10:00 a.m. was
granted by a vote of 7-0.
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 November 6, 2003, by a vote of 6-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
8
