ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
December 4, 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, J. Phillip Novak introduced himself as the Board’s new
chairman. He then welcomed members of the public and staff to the first meeting of the 5
member Board as reconstituted under PA 93-509. He introduced mew Member Andrea S.
Moore, and noted that G. Tanner Girard, Thomas E. Johnson, and Nicholas J. Melas were each
returning for another term. Chairman Novak reminded that PA 93-509, 4 members constitute a
quorum, but that the Board takes action by an affirmative vote by 3 members.
ROLL CALL
The Clerk of the Board called the roll.
All Board Members answered present.
APPROVAL OF MINUTES
Minutes of the November 20, 2003 meeting were approved by a vote of 3-0. Chairman Novak
and Member Moore abstained.
RULEMAKINGS
R04-10
In the Matter of: Clean-Up Amendments to 35 Ill. Adm. Code Part
214 – No action taken.
R, Air
ADMINISTRATIVE CITATIONS
AC 04-22
County of Vermilion, v. Village of Tilton – The Board accepted for
hearing this petition for review of an administrative citation against
this Vermilion County respondent.
5-0
AC 04-23
IEPA v. Roy Baur d/b/a Baur Trucking – The Board accepted an
administrative citation against this St. Clair County respondent.
AC 04-24
Ogle County v. Kenneth Gilland – The Board accepted an
administrative citation against this Ogle County respondent.
AC 04-25
IEPA v. Colorado Real Estate & Investment Company (Kingspark
Mobile Estates) – The Board accepted an administrative citation
against this Peoria County respondent.
AC 04-26
IEPA v. Charles Flick – The Board accepted an administrative
citation against this Union County respondent.
AC 04-27
IEPA v. Douglas S. Carrico d/b/a Carricos Auto Heap – The Board
accepted an administrative citation against this Green County
respondent.
ADJUDICATORY CASES
Decisions
PCB 02-5
People of the State of Illinois v. Environmental Management &
Abatement, Inc. and Danny G. Kohrdt individually and as president
of Environmental Management & Abatement, Inc. – In this land
enforcement action concerning a Will 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 $50,000 and to cease and
desist from further violations.
5-0
L-E
2
PCB 02-213
People of the State of Illinois v. Action Athletic Equipment, Inc. –
In this air 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 $28,000 and
to cease and desist from further violations.
5-0
A-E
PCB 03-13
People of the State of Illinois v. Chicago Diversified Projects, Inc.
– In this air enforcement action concerning a Cook 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 $10,000 and
to cease and desist from further violations.
5-0
A-E
Motions and Other Matters
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 99-19
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. – No
action taken.
A&N-E
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 – The Board
granted complainant’s motion to dismiss counts V and VII of the
complaint.
5-0
RCRA-E
3
PCB 03-22
People of the State of Illinois v. Saint-Gobain Containers, Inc. – No
action taken.
A-E
PCB 03-233
People of the State of Illinois v. Gerald Hewing d/b/a Hewing
Technical Services – 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 Shelby County facility, the Board ordered publication of the
required newspaper notice.
5-0
W-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 – No action taken.
Citizens
L&W-E
PCB 04-14
McDonald’s Corporation v. IEPA – No action taken.
UST
Appeal
PCB 04-21
Andy’s Drive-In 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
Alexander County facility.
5-0-
UST
Appeal
PCB 04-22
Wei Enterprises v. IEPA – The Board dismissed this underground
storage tank appeal filed on behalf of this St. Clair County facility
due to lack of jurisdiction.
5-0
UST
Appeal
PCB 04-23
Wei Enterprises v. IEPA – The Board dismissed this underground
storage tank appeal filed on behalf of this St. Clair County facility
due to lack of jurisdiction.
5-0
UST
Appeal
PCB 04-27
Eastman Chemical Company 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 Kane County
facility.
5-0
PA, RCRA
4
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
PCB 04-52
Kramer’s Service Station 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 Vermilion County facility.
5-0
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 found that the
alleged violations in counts I through III of the complaint were
neither duplicative nor frivolous, dismissed count IV as frivolous,
and accepted for hearing this matter involving a Cook County
facility.
4-0
Melas
abstained
Citizens
UST-E
PCB 04-75
Mate Technologies, Inc. v. F.I.C. America Corporation – The
Board ordered complainant to file proof of service of the complaint
upon respondent within 30 days, or this matter would be subject to
dismissal. Respondent’s motion for extension of time to file a
motion to dismiss was referred to the hearing officer for
disposition.
5-0
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 04-84
People of the State of Illinois v. Paramount Developers, Inc. – The
Board accepted for hearing this water enforcement action involving
a site located in DuPage County.
5-0
W-E
5
PCB 04-85
Robert & Tony Thompson 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 Alexander County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-86
Braun 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 Randolph County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-87
Knapp Oil Company v. IEPA – The Board accepted for hearing this
underground storage tank appeal on behalf of this Massac County
facility.
5-0
UST
Appeal
90-Day
Ext.
CASES PENDING DECISION
R03-11
In the Matter of: Site-Specific Rule for City of Effingham
Treatment Plant Fluoride Discharge, 35 Ill. Adm. Code 304.233 –
Adopted Rule, Final Order, Opinion and Order
R, Water
R04-3
In the Matter of: SDWA Update, USEPA Amendments (January 1,
2003 through June 30, 2003) – Proposed Rule, Proposal for Public
Comment, Opinion and Order
R, PWS
AS 03-4
In the Matter of: Petition of Argonne National Laboratory for an
Adjusted Standard from 35 Ill. Adm. Code 218.182
Air
6
PCB 03-118
PCB 03-119
PCB 03-150
Cons.
Dalee Oil Company v. IEPA – (due 12/18)
UST
Appeal
PCB 03-126
Mick’s Garage v. IEPA – (due 12/18)
UST
Appeal
OTHER ITEMS
The Chairman’s Motion to reschedule the Deliberative Session,
closed under the exception in Section 120/2(b)(4), from December
11, 2003 to December 10, 2003 was adopted by a vote of 5-0.
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Novak 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 20, 2003, by a vote of 5-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
7
