ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
November 20, 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, Karpiel, and Padovan who were absent.
APPROVAL OF MINUTES
Minutes of the November 6, 2003 meeting were approved by a vote of 4-0.
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 the joint
motion to re-open docket and to substitute CP-D Acquisition
Company, LLC for Cromwell-Phoenix, Inc. as petitioner. The
Board amends the September 18, 2003 order in this matter and
granted this Cook County petitioner an adjusted standard, with
conditions, from volatile organic material emission requirements.
4-0
Air
ADMINISTRATIVE CITATIONS
AC 04-9
IEPA v. Larry Lord – The Board granted complainant’s motion for
voluntary dismissal of this administrative citation involving a
Marshall County facility.
4-0
AC 04-11
IEPA v. Ricky and Jerry Hess – The Board found that these
McLean County respondents violated Section 21(p)(1) of the Act
(415 ILCS 5/21(p)(1) (2002)) and ordered respondents to pay a
civil penalty of $1,500
.
4-0
AC 04-12
IEPA v. Tulley Robinson – The Board granted complainant’s
motion for voluntary dismissal of this administrative citation
involving a Union County facility.
4-0
AC 04-14
City of Chicago Department of Environment v. Kazimierz Sobko –
The Board found that this Cook County respondent violated Section
21(p)(1), (p)(4), and (p)(7) of Act (415 ILCS 5/21(p)(1), (p)(4), and
(p)(7) (2002)) and ordered respondent to pay a civil penalty of
$4,500
.
4-0
AC 04-15
IEPA v. Anthony Funaro, Jr. – The Board granted complainant’s
motion for voluntary dismissal of this administrative citation
involving a Saline County facility.
4-0
AC 04-17
IEPA v. Robert Thompson – The Board found that this Cook
County respondent violated Section 21(p)(1) and (p)(7) of Act (415
ILCS 5/21(p)(1) and (p)(7) (2002)) and ordered respondent to pay a
civil penalty of $3,000
.
4-0
2
ADJUDICATORY CASES
Decisions
PCB 03-190
People of the State of Illinois v. Village of Cherry Valley – In this
public water supply enforcement action concerning a Winnebago
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 $3,000 and to cease and desist from further
violations.
4-0
PWS-E
Motions and Other Matters
PCB 96-10
Vogue Tyre & Rubber Company v. IEPA – The Board denied
respondent’s motion for reconsideration.
4-0
UST
Appeal
PCB 97-69
People of the State of Illinois v. Economy Plating, Inc. – The Board
granted Stone, Pogrund & Korey’s motion to withdraw as
respondent’s counsel.
4-0
A-E
PCB 99-19
Karen & Anthony Roti, Paul Rosenstrock, and Leslie Weber v.
LTD Commodities – No action taken.
A-E
PCB 99-187
Gina Pattermann v. Broughton Trucking and Materials, Inc. –
Respondent’s request for leave to file reduced number of copies of
voluminous attachments to motion for summary judgment was
referred to the hearing officer for disposition. No action was taken
on the motion for summary judgment.
A&N-E
PCB 00-219
Stephen G. Brill v. Henry Latoria individually and d/b/a T.L.
Trucking Foodliner – The Board granted respondent’s motion to
extend the deadline to comply with its August 7, 2003 opinion and
order until December 12, 2003.
4-0
Citizens
A&N-E
3
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.
RCRA-E
PCB 02-23
Dean Foods Company v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this permit appeal involving a
Winnebago County facility.
4-0
P-A, Air
PCB 02-187
UOP L.L.C. v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this permit appeal involving a Cook County
facility.
4-0
P-A, Air
PCB 03-20
People of the State of Illinois v. Acme Refining Scrap Iron and
Metal Company – Upon receipt of a proposed stipulation and
settlement agreement and an agreed motion to request relief from
the hearing requirement in this water enforcement action involving
a Lake County facility, the Board ordered publication of the
required newspaper notice.
4-0
W-E
PCB 03-22
People of the State of Illinois v. Saint-Gobain Containers, Inc. –
Respondent’s motion for protective order was referred to the
hearing officer for entry of an order.
A-E
PCB 03-73
People of the State of Illinois v. Riverdale Recycling, Inc. and Tri-
State Disposal, Inc. – The Board denied complainant’s motion to
dismiss respondent’s affirmative defenses.
4-0
L-E
PCB 03-213
Winslow Boco (Strata Geologic Services, Inc.) v. IEPA – The
Board granted petitioner’s motion for voluntary dismissal of this
underground storage tank appeal involving a Stephenson County
facility.
4-0
UST
Appeal
4
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 04-17
Koch Pipeline Company, L.P. – Hartford Terminal v. IEPA –
Having previously granted a request for a 90-day extension, the
Board dismissed this matter because no permit appeal was filed on
behalf of this Madison County facility.
4-0
P-A, Air
PCB 04-18
Knapp 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 Massac County facility.
4-0
UST
Appeal
PCB 04-20
R.W. Sheridan Oil Company, 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 McLean County facility.
4-0
UST
Appeal
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. – No action taken.
P-C-F-S-R
3d Party
5
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 04-75
Mate Technologies, Inc. v. F.I.C. America Corporation – The
Board held for a later duplicative/frivolous determination this
citizens’ land enforcement action involving a DuPage County
facility.
Citizens
L-E
PCB 04-79
Bonita Saxbury and Richard Saxbury v. Archer Daniels Midland -
The Board held for a later duplicative/frivolous determination this
citizens’ land enforcement action involving a Pike County facility.
Citizens
N-E
PCB 04-80
Lincoln Technical Institute 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.
4-0
UST
Appeal
90-Day
Ext.
PCB 04-81
People of the State of Illinois v. Emmett Utilities, Inc. and Russell
D. Thorell individually and as president of Emmett Utilities, Inc. –
The Board accepted for hearing this public water supply
enforcement action involving a site located in McDonough County.
4-0
PWS-E
PCB 04-82
Webel Foods, 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 Pike County facility.
4-0
UST
Appeal
90-Day
Ext.
6
PCB 04-83
Wei Enterprises (March 1, 2002 to February 28, 2003) v. IEPA –
The Board ordered petitioner file am amended petition within 30
days, or this matter would be subject to dismissal.
4-0
UST
Appeal
OTHER ITEMS
Chairman Johnson announced that this would be his last meeting as
chairman and thanked everyone for their support. Member Tristano
was presented with a plaque in recognition for his service to the
Board. Members Karpiel, Marovitz, and Padavan’s plaques are to
be mailed. Members Girard and Melas wished him well in his
future endeavors. Member Girard presented Chairman Johnson a
plaque for his service as Chairman of the Board since January 1,
2003.
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Chairman Johnson adjourned the meeting at
11:30 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on December 4, 2003, by a vote of 3-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
7
