ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
November 6, 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
Member Karpiel who was absent.
APPROVAL OF MINUTES
Minutes of the October 16, 2003 meeting were approved by a vote of 6-0.
RULEMAKINGS
R03-20
In the Matter of: Brownfields Site Restoration Program:
Amendments to 35 Ill. Adm. Code 740 – The Board adopted a
second notice opinion and order to establish procedures and
standards for administering the new Brownfields Site Restoration
Program.
6-0
R, Land
R03-21
In the Matter of: Radionuclide Restricted Status, Amendments to
35 Ill. Code 602.105, 602.106, 602.108, and 602.115 – The Board
adopted a final opinion and order in this rulemaking to amend the
Board’s public water supply regulations. Public water suppliers
who execute enforceable commitments to achieve compliance with
the radionucilide drinking water standard can be relieved of the
new hook on ban imposed by the restricted status rules.
6-0
R, PWS
R04-1
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (January 1, 2003 through June 30, 2003) – The Board
adopted a proposal for public comment in this “identical-in-
substance” rulemaking to amend the Board’s water pollution
control regulations.
6-0
R, Water
R04-11
In the Matter of: Proposed Site-Specific Regulation Applicable to
Ameren Energy Generating Company Amending 35 Ill. Adm. Code
901 – The Board accepted for hearing the October 28, 2003
proposal of the Ameren Energy Generating Company for a site-
specific rulemaking to amend the Board’s noise pollution control
regulations as they apply to its Antioch “peaker plant”. The Board
also granted petitioner’s motions to waive the 200 signature
requirement and for expedited review.
5-0
Tristano
abstained
R, Noise
ADMINISTRATIVE CITATIONS
AC 03-30
County of Ogle v. Rochelle Waste Disposal, L.L.C. and Clyde A.
Gelderloos, Chief Operator, and City of Rochelle – The Board
found that these Ogle County respondents violated Section
21(o)(1), (o)(5) and (12) of the Act (415 ILCS 5/2121(o)(1), (o)(5)
and (12) (2002)) and ordered respondents to pay a civil penalty of
$1,500
.
6-0
2
AC 04-3
County of Sangamon v. Louis Rutherford – The Board found that
this Sangamon County respondent violated Section 21(p)(1) of the
Act (415 ILCS 5/21(p)(1) (2002)) and ordered respondent to pay a
civil penalty of $1,500
.
6-0
AC 04-13
City of Chicago Department of Environment v. Eddie Greer – The
Board accepted for hearing this petition for review of an
administrative citation against this Cook County respondent.
6-0
AC 04-16
IEPA v. James Farley – The Board accepted for hearing this
petition for review of an administrative citation against this
Sangamon County respondent.
6-0
AC 04-19
IEPA v. Christopher Coleman – The Board accepted an
administrative citation against this Union County respondent.
AC 04-20
IEPA v. Jerry Summers – The Board accepted an administrative
citation against this Fayette County respondent.
AC 04-21
IEPA v. RCS, Inc., Jay Ross and Terry Robbins – The Board
accepted an administrative citation against these Jersey County
respondents.
AC 04-22
County of Vermilion v. Village of Tilton – The Board accepted an
administrative citation against this Vermilion County respondent.
3
ADJUDICATORY CASES
Decisions
PCB 03-53
People of the State of Illinois v. Northern Building Concepts, Inc.
and Landscape Concepts Construction, Inc. – In this water
enforcement action concerning a Lake 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
respondents to pay a total civil penalty of $12,500 and to cease and
desist from further violations.
6-0
W-E
Motions and Other Matters
PCB 96-10
Vogue Tyre & Rubber Company v. IEPA – No action taken.
UST
Appeal
PCB 98-148
People of the State of Illinois v. Doren Poland, Lloyd Yoho, and
Briggs Industries, Inc. – The Board granted respondent Briggs
Industries, Inc.’s motion to modify the August 7, 2003 order.
6-0
L-E
PCB 99-19
Karen & Anthony Roti, Paul Rosenstrock, and Leslie Weber v.
LTD Commodities – No action taken.
A-E
PCB 99-166
Archer Daniels Midland Company v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this trade secret
appeal involving a Macon County facility.
6-0
T-S
PCB 00-219
Stephen G. Brill v. Henry Latoria individually and d/b/a T.L.
Trucking Foodliner – No action taken.
Citizens
A&N-E
PCB 01-7
People of the State of Illinois v. QC Finishers, Inc. – No action
taken.
A-E
4
PCB 02-03
People of the State of Illinois v. Texaco Refining & Marketing, Inc.
– The Board granted complainant’s motion to strike in part and
denied the motion in part. The Board granted the motion to strike
nine of the thirteen alleged affirmative defenses raised by
respondent, affirmative defenses 1, 2, 3, 5, 7, 9, 10, 11, and 13. The
Board denied complainant’s motion to strike regarding four of the
alleged affirmative defenses, affirmative defenses 4, 6, 8, and 12.
6-0
L&W-E
PCB 02-5
People of the State of Illinois v. Environmental Management and
Abatement, Inc. and Danny G. Kohrdt individually and as President
of Environmental Management and Abatement, 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 Will County facility, the Board
ordered publication of the required newspaper notice.
6-0
L-E
PCB 02-177
People of the State of Illinois v. John Prior d/b/a Prior Oil Company
and James Mezo d/b/a Mezo Oil Company – The Board referred
complainant’s motion for waiver of page limit requirements to the
hearing officer for disposition.
L&W-E
PCB 03-13
People of the State of Illinois v. Chicago Diversified Projects, 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 Cook County facility,
the Board ordered publication of the required newspaper notice.
6-0
A-E
PCB 03-14
People of the State of Illinois v. Riba-Fairfield, 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 Macon County facility, the Board
ordered publication of the required newspaper notice.
6-0
RCRA-E
PCB 03-22
People of the State of Illinois v. Saint-Gobain Containers, Inc. – No
action taken.
A-E
5
PCB 03-38
Morry Gabel, Myra Gabel, Don Foreman, Marsha Foreman, Keith
Pinsoneault and Tracy Pinsoneault v. The Wealshire, Inc. – The
Board denied respondent’s motion to stay proceedings.
6-0
N-E
PCB 03-68
Campton Township Highway Department 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.
6-0
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
PCB 03-219
Randall Industries v. IEPA – The Board on its on motion dismissed
this matter. This is a result of petitioner’s failure to comply with the
Board’s order of September 18, 2003, which instructed petitioner to
retain a licensed attorney and file an amended petition by October
18, 2003.
6-0
UST
Appeal
PCB 03-226
Pete’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 Marion
County facility.
6-0
UST
Appeal
PCB 03-232
Gas For Less (Vista Marketing Group) 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 Winnebago County facility.
`
6-0
UST
Appeal
PCB 04-6
People of the State of Illinois v. Valley Run Stone – 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 Kendall County facility, the Board
ordered publication of the required newspaper notice.
6-0
A-E
6
PCB 04-7
People of the State of Illinois v. 4832 Vincennes, L.P and Batteast
Construction Company of Inc. – The Board granted respondent
Batteast Construction Company of Illinois Inc.’s motion to be
dismissed from this matter. The Board granted complainant’s
motion for leave to file a first amended complaint and to substitute
Batteast Construction Company, Inc. as a respondent, as indicated
in the above caption.
6-0
A-E
PCB 04-10
Illinois State Toll Highway Authority (Belvidere North CACR) v.
IEPA – The Board accepted for hearing this underground storage
tank appeal involving a Boone County facility.
6-0
UST
Appeal
PCB 04-11
Illinois State Toll Highway Authority (Belvidere North CAP) v.
IEPA – The Board accepted for hearing this underground storage
tank appeal involving a Boone County facility.
6-0
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 – No action taken.
Citizens
L&W-E
PCB 04-14
McDonald’s Corporation v. IEPA – No action taken.
UST
Appeal
PCB 04-26
Lynn Erickson v. Charleston Classic Homes and Lawrence E.
VanSomeren, Jr. – The Board found that the alleged violations in
the complaint were neither duplicative nor frivolous, denied
respondents’ motion to dismiss, and accepted for hearing this
matter involving a DuPage County facility.
6-0
Citizens
N-E
7
PCB 04-29
PCB 03-55
The City of Chicago v. Purex Industries, Inc, Federal Die Casting
Company, Federal Chicago Corporation, and Raymond E. Cross;
2222 Elston L.L.C. v. Purex Industries, Inc., Federal Die Casting
Company, Federal Chicago Corporation, and Raymond E. Cross –
The Board found that the alleged violations in the complaint were
neither duplicative nor frivolous, granted the motion to consolidate
this matter with PCB 03-55, and accepted for hearing this matter
involving a Cook County facility.
6-0
Citizens
UST-E
PCB 04-33
PCB 04-34
PCB 04-35
Byron Sandberg v. City of Kankakee, Illinois City Council and
Town and Country Utilities, Inc. and Kankakee Regional Landfill,
L.L.C.; Waste Management of Illinois v. City of Kankakee, Illinois
City Council and Town and Country Utilities, Inc. and Kankakee
Regional Landfill, L.L.C.; County of Kankakee, Illinois and
Edward D. Smith, Kankakee County States Attorney v. City of
Kankakee, Illinois City Council and Town and Country Utilities,
Inc. and Kankakee Regional Landfill, L.L.C. – The Board issued an
order requesting the City of Kankakee to submit more information
to aid in the Board’s determination of the motion to waive filing
rock core samples.
6-0
P-C-F-S-R
3d Party
PCB 04-36
Michael A. Petrosius and Darla G. Petrosius v. The Illinois State
Toll Highway Authority – The Board found that the alleged
violations in the complaint were neither duplicative nor frivolous
and accepted for hearing this matter involving a Cook County
facility.
6-0
Citizens
N-E
PCB 04-47
Saint-Gobain Containers, Inc, v. IEPA – The Board granted
petitioner’s motion to stay effectiveness of the CAAPP Permit
pending decision of this appeal.
6-0
P-A, Air
8
PCB 04-53
Ameren Energy Generating Company (Selective Catalytic
Reduction System)(Property Identification Number 04-000-172-00)
v. IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Ameren Energy Generating Company located
in Montgomery County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2002)).
5-0
Tristano
abstained
T-C
Air
PCB 04-54
Central Illinois Light Company (Selective Catalytic Reduction
System)(Property Identification Numbers 15-15-30-100-01, 15-15-
31-100-01) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Central Illinois Light Company
located in Fulton County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2002)).
6-0
T-C
Air
PCB 04-55
Dynegy Midwest Generation, Inc. (Refurbishment of the SO2 Flue
Gas Conditioning System (Property Identification Number 01-27-
100-00) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Dynegy Midwest Generation,
Inc. located in Putnam County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2002)).
6-0
T-C
Air
PCB 04-56
Dynegy Midwest Generation, Inc. (Refurbishment of Units 1 & 2
Electrostatic Precipitators)(Property Identification Number 01-27-
100-000) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Dynegy Midwest Generation,
Inc. located in Putnam County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2002)).
6-0
T-C
Air
9
PCB 04-57
Dynegy Midwest Generation, Inc. (Refurbishment of Unit 1
Electrostatic Precipitator)(Property Identification Number 17-20-
300-006-0080) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Dynegy Midwest
Generation, Inc. located in Vermilion County are pollution control
facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2002)).
6-0
T-C
Air
PCB 04-58
Dynegy Midwest Generation, Inc. (Refurbishment of Unit 2
Electrostatic Precipitator)(Property Identification Number 17-20-
300-006-0080) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Dynegy Midwest
Generation, Inc. located in Vermilion County are pollution control
facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2002)).
6-0
T-C
Air
PCB 04-59
Dynegy Midwest Generation, Inc. (Rapper Addition to Unit 5
Electrostatic Precipitator)(Property Identification Numbers 9-1-08-
19-00-000-002; 9-1-08-19-00-000-006; and 19-1-08-20-00-000-
010) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Dynegy Midwest Generation,
Inc. located in Madison County are pollution control facilities for
the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2002)).
6-0
T-C
Air
PCB 04-60
Dynegy Midwest Generation, Inc. (Coal Dust Removal
System)(Property Identification Number 04-36-200-008-0080) v.
IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Dynegy Midwest Generation, Inc. located in
Mason County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2002)).
6-0
T-C
Air
10
PCB 04-61
Dynegy Midwest Generation, Inc. (Refurbishment of Low NOx
Burner Unit 3/Separated Overfire Air System)(Property
Identification Number 02-10-100-001) v. IEPA – Upon receipt of
the Illinois Environmental Protection Agency’s recommendation,
the Board found and certified that specified facilities of Dynegy
Midwest Generation, Inc. located in Randolph County are pollution
control facilities for the purpose of preferential tax treatment under
the Property Tax Code (35 ILCS 200/11-10 (2002)).
6-0
T-C
Air
PCB 04-62
Central Backtop Company, Inc. (Baghouse and Cyclone)(Property
Identification Numbers 18-22-100-004, 18-22-100-008, 18-22-100-
009, 18-22-100-010,18-22-100-014, 18-22-100-015, 18-22-100-
016, 18-22-100-017, 18-22-100-018, 18-22-100-020, 18-22-100-
021) v. IEPA - Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Central Blacktop Company, Inc.
located in Cook County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2002)).
6-0
T-C
Air
PCB 04-63
Equistar Chemicals, L.P. (Line 6 Sulzer Compressor Upgrade, Tank
Car Aromatics Loading; LLDPE Flare Meter; PP Flare Meter;
Ethylene Unit Analyzer; Particulate Emission Reduction Project;
Parallel Flare Vaporizer; LDPE Compressor Shutdown
Improvements; Lines 3 & 4 Hyper Suction GC Analyzer; Off-Gas
Tie Ins; EP Capacity Increase; H2/C2 Analyzer; Ethylene Unit
Flare Meter; EP Analyzer Replacement, and; PP Flare
Monitor)(Property Identification Number110-032-1141) v. IEPA –
Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Equistar Chemicals, L.P. located in Grundy County are
pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10
(2002)).
6-0
T-C
Air
PCB 04-64
McLean County School District No. 5 v. IEPA and The Town of
Normal, Illinois – The Board accepted for hearing this water well
setback appeal involving a McLean County facility.
6-0
WWS
11
PCB 04-65
Champion Laboratories, Inc. v. IEPA – The Board accepted for
hearing this permit appeal involving an Edwards County facility.
No action was taken on petitioner’s motion to stay effectiveness of
CAAPP Permit.
6-0
P-A
PCB 04-66
Premcor Refining Group, Inc. v. IEPA – The Board granted this
request for a 90-day extension of time to file a permit appeal on
behalf of this Madison County facility.
6-0
RCRA
Appeal
90-Day
Ext.
PCB 04-67
People of the State of Illinois v. Royal Trucking Company – The
Board accepted for hearing this water enforcement action involving
a site located in Cook County.
6-0
W-E
PCB 04-68
Martin Oil Marketing, Ltd. 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.
6-0
UST
Appeal
90-Day
Ext.
PCB 04-69
Republic Bank of Chicago, as Trustee of Bank Trust #2234,
Aristotle Halikias, Lena Halikias, Michael Halikias, Nikolas
Halikias, Noula Halikias, and Patricia Halikias, as beneficiaries of
Trust #2234 v. Sunoco, Inc. (R&M) – The Board held for a later
duplicative/frivolous determination this citizens’ underground
storage tank enforcement action involving a Kane County facility.
Member Melas announced that he would abstain from all
deliberations in this matter.
Citizens
UST-E
PCB 04-70
Briarwood Country Club 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.
6-0
UST
Appeal
90-Day
Ext.
12
PCB 04-71
Paul Phelan 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 Macoupin County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 04-72
Willaredt 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 Macon County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 04-73
A&R, 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 Cook County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 04-74
Clearing Disposal 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.
6-0
UST
Appeal
90-Day
Ext.
PCB 04-75
Mate Technologies, Inc. v. F.I.C. America Corporation – The
Board held for a later duplicative/frivolous determination this
citizen’s land enforcement action involving a DuPage County
facility.
Citizens
L-E
13
PCB 04-76
Carrollton CUSD #1 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 Greene County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 04-77
Action Amusement 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 Washington County facility.
6-0
UST
Appeal
90-Day
Ext.
PCB 04-78
Lemont Kar Gas 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.
6-0
UST
Appeal
90-Day
Ext.
OTHER ITEMS
Chairman’s Motion to Designate November 20, 2003 Board
Meeting as a Video-conference Meeting of the Board’s Chicago
and Springfield Offices was granted by a vote of 6-0.
ADJOURNMENT
Moved and seconded, by a vote of 6-0, 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 20, 2003, by a vote of 4-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
14
