ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
December 18, 2003
100 W. Randolph Street
Conference Room 9-040
11:00 A.M.
ANNOUNCEMENTS
After calling the meeting to order, Chairman
Novak welcomed members of the public and staff
to the meeting. Chairman Novak directed the Clerk of the Board to poll each member for their
vote on each of the orders presented for adoption.
ROLL CALL
The Clerk of the Board called the roll.
All Board Members answered present.
APPROVAL OF MINUTES
Minutes of the December 4, 2003 meeting were approved by a vote of 5-0.
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 final opinion and order granting this request
for a rulemaking to amend the Board’s water pollution control
regulations.
5-0
R, Water
R04-3
In the Matter of: SDWA 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 public water supply regulations.
5-0
R, PWS
R04-10
In the Matter of: Clean-Up Amendments to 35 Ill. Adm. Code Part
214 – The Board granted petitioner’s motion to dismiss its proposal
to amend the Board clean air regulations. But, the Board stated that
it would soon open a docket for its own proposal tp correct errors in
formulas in Part 214.
5-0
R, Air
ADJUSTED STANDARDS
AS 03-4
In the Matter of: Petition of Argonne National Laboratory for an
Adjusted Standard from 35 Ill. Adm. Code 218.182 – The Board
granted this DuPage County petitioner an adjusted standard, with
conditions, from volatile organic material emission requirements.
5-0
Air
AS 04-1
In the Matter of: Petition of Crownline Boats, Inc. for an Adjusted
Standard from 35 Ill. Adm. Code 215.301 – Pending receipt of the
certificate of publication, the Board held this Hancock County
facility’s petition for an adjusted standard from the Board’s air
pollution control regulations.
Air
ADMINISTRATIVE CITATIONS
AC 04-18
IEPA v. Luther Coleman – The Board accepted for hearing this
petition for review of an administrative citation against this Saline
County respondent.
5-0
AC 04-19
IEPA v. Christopher Coleman – The Board accepted for hearing
this petition for review of an administrative citation against this
Union County respondent.
5-0
AC 04-20
IEPA v. Jerry Summers – The Board found that this Fayette County
respondent violated Section 21(p)(1) and (7) of the Act (415 ILCS
5/21(p)(1), (3) (2002)) and ordered respondent to pay a civil
penalty of $3,000
.
5-0
2
AC 04-21
IEPA v. RCS Inc., Jay Ross, and Terry Robbins – The Board found
that these Jersey County respondents violated Section 21(o)(5) of
the Act (415 ILCS 5/21(o)(5) (2002)) and ordered respondents to
pay a civil penalty of $500
.
5-0
AC 04-28
IEPA v. American Disposal Services of Illinois, Inc. and David
Bryant – The Board accepted an administrative citation against
these Livingston County respondents.
ADJUDICATORY CASES
Decisions
PCB 02-63
People of the State of Illinois v. MII, Inc. – In this air enforcement
action concerning a Morgan 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 $50,000 and to cease and
desist from further violations.
5-0
A-E
PCB 03-118
PCB 03-119
PCB 03-150
Cons.
Dalee Oil Company v. IEPA – The Board affirmed the respondent’s
decisions to deny reimbursement for nearly $19,400 in
unreasonable cost in this consolidated appeal concerning a facility
located in Washington County.
5-0
UST
Appeal
PCB 03-126
Mick’s Garage v. IEPA – The Board affirmed the respondent’s
January 10, 2003 determination that a $50,000 deductible applied in
this appeal concerning a facility located in Madison County.
5-0
UST
Appeal
3
PCB 04-6
People of the State of Illinois v. Valley Run Stone – In this air
enforcement action concerning a Kendall 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 $24,500 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 97-193
People of the State of Illinois v. Community Landfill Company,
Inc. – No action taken.
L-E
PCB 98-148
Briggs Industries, Inc. v. Loren West and Abingdon Salvage
Company, 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 00-28
Beelman Truck Company v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Madison County facility.
5-0
UST
Appeal
PCB 01-7
People of the State of Illinois v. QC Finishers, Inc. – No action
taken.
A-E
4
PCB 01-46
PCB 01-51
Cons.
XCTC Limited Partnership v. IEPA; Georgia-Pacific Tissue, L.L.C.
v. IEPA – No action taken.
P-A, Air
PCB 01-173
Cole Taylor Bank, not individually, but solely as trustee under a
certain Illinois land trust known as trust 40323; as successor trustee
to Michigan Avenue National Bank of Chicago, under trust 1904 v.
Rowe Industries, Inc. successor to Coleman Cable and Wire
Company, and Chapco Carton Company – The Board granted the
parties’ joint motion for dismissal of this citizen’s land enforcement
action involving a Cook County facility.
5-0
Citizens
L-E
PCB 02-1
People of the State of Illinois v. Stein Steel Mill Services, 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 Madison County
facility, the Board ordered publication of the required newspaper
notice.
5-0
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 – No action taken.
L-E
PCB 02-162
People of the State of Illinois v. Fox Valley Dry Wall, 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 Kane County facility, the
Board ordered publication of the required newspaper notice.
5-0
L-E
PCB 02-164
Barbara Stuart and Ronald Stuart v. Franklin Fisher and Phyllis
Fisher – No action taken.
Citizens
N-E
PCB 02-213
People of the State of Illinois v. Action Athletic Equipment, Inc. –
The Board entered an order amending the payment provisions in its
December 4, 2003 order.
5-0
A-E
5
PCB 03-22
People of the State of Illinois v. Saint-Gobain Containers, Inc. – No
action taken.
A-E
PCB 03-214
Illinois Ayers Oil Company v. IEPA – The Board granted
petitioner’s motion for interlocutory appeal and affirmed the
December 2, 2003 hearing officer order denying petitioner’s motion
to compel discovery.
4-1
Johnson
dissented
UST
Appeal
PCB 03-230
Catholic Bishop of Chicago v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Cook County facility.
5-0
UST
Appeal
PCB 03-235
United Disposal of Bradley, Inc. and Municipal Trust & Savings
Bank as Trustee Under Trust 0799 v. IEPA – No action taken.
P-A, Land
PCB 04-10
Illinois State Toll Highway Authority (Belvidere North CACR) v,
IEPA – No action taken.
UST
Appeal
PCB 04-11
Illinois State Toll Highway Authority (Belvidere North CAP) v,
IEPA – No action taken.
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 04-25
Gary Svacina 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.
5-0
UST
Appeal
6
PCB 04-31
Broadus Oil v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a LaSalle County
facility.
5-0
UST
Appeal
PCB 04-32
Roy Strom Building Corporation 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 Lake County facility.
5-0
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. – The Board denied
the County of Kankakee’s motion to disqualify Attorney Claire
Manning from representing Town and Country Utilities, Inc. as
moot. No other action was taken on pending motions.
5-0
P-C-F-S-R
3d Party
PCB 04-64
McLean County School District No. 5 v. IEPA – The Board granted
petitioner’s motion for dismissal of its request for a water well
setback exception.
5-0
WWS
PCB 04-68
Martin Oil Marketing, Ltd. v. IEPA – No action taken.
UST
Appeal
PCB 04-69
Republic Bank of Chicago as Trustee of 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 granted attorney Joseph
Freudenberg’s motion requesting permission to appear
pro hac vice
on behalf of respondent and respondent’s motion for extension of
time to respond to the complaint until February 13, 2004.
4-0
Melas
abstained
Citizens
UST
Appeal
7
PCB 04-75
Mate Technologies, Inc. v. F.I.C. America Corporation – No action
taken.
Citizens
L-E
PCB 04-79
Bonita Saxbury and Richard Saxbury v. Archer Daniels Midland –
The Board found that the alleged violations in the complaint were
neither duplicative nor frivolous and accepted for hearing this
matter involving a Pike County facility.
5-0
Citizens
N-E
PCB 04-83
Wei Enterprises v. IEPA – The Board accepted for hearing this
amended petition for review in response to the Board’s November
20, 2003 order on behalf of a St. Clair County facility.
5-0
UST
Appeal
PCB 04-88
Des Plaines River Watershed Alliance, Livable Communities
Alliance, Prairie Rivers Network, and Sierra Club v. IEPA – The
Board accepted for hearing this third party appeal involving a
facility located in the Village of New Lenox, Will County.
5-0
P-A,
NPDES
PCB 04-89
Russell Oil 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 Saline County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-90
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.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-91
Thomeczek 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.
8
PCB 04-92
Sather Enterprises, Lt. V. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a DeWitt County
facility.
5-0
UST
Appeal
PCB 04-93
Martin Oil Marketing, Ltd. v. IEPA – The Board ordered petitioner
file amended petition curing deficiencies and accompanied by an
attorneys appearance, within 30 days, or this matter would be
subject to dismissal.
5-0
UST
Appeal
PCB 04-94
People of the State of Illinois v. Hauck Homes, Inc. d/b/a Rock
River Estates Mobile Home Park – The Board accepted for hearing
this water enforcement action involving a site located in Lee
County.
5-0
W-E
PCB 04-95
Arclar Company, LLC (Coal Preparation Facility - Willow Lake)
(Property Identification Number 09-01-300-001-0080) v. IEPA –
Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Arclar Company, LLC located in Saline 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
T-C
PCB 04-96
Black Beauty Coal Company (Coal Preparation Facility - Riola
Portal) (Property Identification Number 27-33-200-004-8060) v.
IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Black Beauty Coal Company 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)).
5-0
T-C
9
PCB 04-97
Black Beauty Coal Company (Coal Preparation Facility - Vermilion
Grove Portal) (Property Identification Number 32-13-100-014-
0060) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Black Beauty Coal Company
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)).
5-0
T-C
CASES PENDING DECISION
PCB 01-167
People of the State of Illinois v. ESG Watts, Inc. (Taylor Ridge
Landfill)
A,L,W-E
OTHER ITEMS
The Chairman’s Motion to schedule a Deliberative Session, closed under the exception in
Section 120/2(b)(4), for Wednesday, January 8, 2004 was adopted by a vote of 5-0.
Approval of 2004 Board Meeting Locations and Deliberative Session Dates
Board Meetings:
January 8 - Videoconference
July 8 - Videoconference
January 22 - Chicago
July 22 - Chicago
February 5 - Videoconference
August 5 - Springfield
February 19 – Chicago
August 19 - Chicago
March 4 - Springfield
September 2 - Videoconference
March 18 - Chicago
September 16 - Chicago
April 1 - Videoconference
October 7 - Springfield
April 15 - Chicago
October 21 - Chicago
May 6 - Springfield
November 4 - Videoconference
May 20 - Chicago
November 18 - Chicago
June 3 - Videoconference
December 2 - Videoconference
June 17 - Chicago
December 16 - Chicago
Deliberative Sessions:
January
15
July
15
January
29
July
29
10
February
11
(Wednesday)
August
12
February
26
August
26
March
11
September
9
March
25
September
23
April
8
October
14
April
22
October
28
May
13 November
10
(Wednesday)
May
27 November
24
(Wednesday)
June
10 December
9
June
24 December
23
The Chairman’s motion to approve the Calendar Year 2004 Board Meeting Locations and
Deliberative Sessions dates was adopted by a vote of 5-0.
Chairman Novak introduced and welcomed his new attorney assistant Tim Fox.
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Novak 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 January 8, 2004, by a vote of 5-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
11
