ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
January 8, 2004
Chicago/Springfield Telephonic conference
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
Novak welcomed members of the public and staff
to the meeting. The Chairman then announced that this meeting was noticed up as a video-
conferenced meeting, with Members present at the Board's Chicago and Springfield facilities.
Due to technical difficulties with the video equipment in Springfield, this meeting was conducted
by telephone only. The Board's administrative rules at 2 Illinois Administrative Code 2175.120
allow for telephonic meetings, and nothing in the Open Meetings Act prohibit telephone
meetings. The Board Members were present in the rooms in both Chicago and Springfield as
indicated in the public notice, and members of the public were welcome to attend the meeting in
each announced location.
ROLL CALL
The Clerk of the Board called the roll.
All Board Members answered present.
APPROVAL OF MINUTES
Minutes of the December 18, 2003 meeting were approved by a vote of 5-0.
RULEMAKINGS
R04-12
Technical Correction to Formulas in 35 Ill. Adm. Code 214 “Sulfur
Limitations” – The Board reserved this docket for a future
rulemaking to amend the Board’s air pollution control regulations.
R, Air
R04-13
SDWA Update, USEPA Amendments (July 1, 2003 through
December 31, 2003) – The Board reserved this docket for a routine
identical-in-substance update. The update includes any federal
amendments which occurred during the period of July 1, 2003
through December 31, 2003
R, Water
R04-14
UIC Update, USEPA Amendments (July 1, 2003 through
December 31, 2003) – The Board reserved this docket for a routine
identical-in-substance update. The update includes any federal
amendments which occurred during the period of July 1, 2003
through December 31, 2003
R, Land
R04-15
RCRA Subtitle C (Hazardous Waste) Update, USEPA
Amendments (July 1, 2003 through December 31, 2003) – The
Board reserved this docket for a routine identical-in-substance
update. The update includes any federal amendments which
occurred during the period of July 1, 2003 through December 31,
2003
R, Land
R04-16
RCRA Subtitle D (Municipal Solid Waste Landfill) Update,
USEPA Amendments (July 1, 2003 through December 31, 2003) –
The Board reserved this docket for a routine identical-in-substance
update. The update includes any federal amendments which
occurred during the period of July 1, 2003 through December 31,
2003
R, Land
R04-17
UST Update, USEPA Amendments (July 1, 2003 through
December 31, 2003) – The Board reserved this docket for a routine
identical-in-substance update. The update includes any federal
amendments which occurred during the period of July 1, 2003
through December 31, 2003
R, Land
2
R04-18
Wastewater Pretreatment Update, USEPA Amendments (July 1,
2003 through December 31, 2003) – The Board reserved this
docket for a routine identical-in-substance update. The update
includes any federal amendments which occurred during the period
of July 1, 2003 through December 31, 2003
R, Water
R04-19
Definition of VOM Update, USEPA Amendments (July 1, 2003
through December 31, 2003) – The Board reserved this docket for a
routine identical-in-substance update. The update includes any
federal amendments which occurred during the period of July 1,
2003 through December 31, 2003
R, Water
ADJUSTED STANDARDS
AS 04-1
In the Matter of: Petition of Crownline Boats, Inc. for an Adjusted
Standard from 35 Ill. Adm. Code 215.301 – No action taken.
Air
ADMINISTRATIVE CITATIONS
AC 04-23
IEPA v. Roy Baur d/b/a Baur Trucking – The Board found that this
St. Clair County respondent violated Section 21(p)(1) and (p)(7) of
the Act (415 ILCS 5/21(p)(1), (p)(7) (2002)), and ordered
respondent to pay a civil penalty of $3,000
.
5-0
AC 04-24
Ogle County v. Kenneth Gilland – The Board found that this Ogle
County respondent violated Section 21(p)(1), (p)(3), and (p)(7) of
the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2002)), and ordered
respondent to pay a civil penalty of $4,500
.
5-0
AC 04-25
IEPA v. Colorado Real Estate & Investment Company (Kingspark
Mobile Estates) – The Board accepted for hearing this petition for
review of an administrative citation against this Peoria County
respondent.
5-0
3
AC 04-29
IEPA v. Charles L. Parker – The Board accepted an administrative
citation against this Logan County respondent.
AC 04-30
IEPA v. Larry Lord – The Board accepted an administrative
citation against this Marshall County respondent.
AC 04-31
IEPA v. Equipping The Saints Ministry, International, Inc. – The
Board accepted an administrative citation against this Macoupin
County respondent.
AC 04-32
IEPA v. Rosemary Pehm – The Board accepted an administrative
citation against this Marshall County respondent.
AC 04-33
IEPA v. Everett C. Glover Trust c/o Rebecca Cloney, Trustee – The
Board accepted an administrative citation against this Montgomery
County respondent.
AC 04-34
IEPA v. Troy Williamson and Swords Vaneer and Lumber
Company – The Board accepted an administrative citation against
these Henry County respondents.
ADJUDICATORY CASES
Decisions
PCB 01-167
People of the State of Illinois v. ESG Watts, Inc. (Taylor Ridge
Landfill) – in an interim order, the Board found that respondent
violated Sections 9(a), 12(a), 21(d) and (o)(11) of the Act (415
ILCS 5/9(a), 5/21(d)(1), (o)(11) (2002)). The Board assessed a
total civil penalty of one million dollars and ordered respondent to
cease and desist from further violations. Complainant must file an
affidavit in support of their request for attorney fees by February
12, 2004, and respondent may file a response to the affidavit within
14 days of the receipt of the affidavit of attorney fees. The Board
will then issue a final order assessing fees and directing payment of
the one million dollar penalty and cost.
4-1
Johnson
dissented
A,L,W-E
4
PCB 03-20
People of the State of Illinois v. Acme Refining Scrap Iron and
Metal Company – 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 respondent to pay a total
civil penalty of $21,000 and to cease and desist from further
violations.
5-0
W-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. – The Board granted complainant’s motion to
dismiss this citizen enforcement action involving a Knox County
facility. This order closes the case.
5-0
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
5
PCB 01-7
People of the State of Illinois v. QC Finishers, Inc. – The Board
denied respondent’s request for a ruling on motion to strike, for
leave to file a reply and that the Board reopen its September 18,
2003 decision to address all timely filed pleadings. The Board
granted respondent 21 days from service of the order to file a
supplemental answer setting forth any affirmative defenses.
Complainant has 21 days from service of the supplemental answer
to file any responsive motion.
5-0
A-E
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 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 02-186
People of the State of Illinois v. Van Melle U.S.A., Inc. – No action
taken.
A-E
PCB 03-73
People of the State of Illinois v. Riverdale Recycling, Inc. and Tri-
State Disposal, 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.
5-0
L-E
PCB 03-115
David Haworth v. Coresaw Log & Lumber, Inc. – The Board
granted complainant’s motion to dismiss this citizen enforcement
action involving a Marshall County facility.
5-0
Citizens
A&N-E
6
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 – The Board granted petitioner’s motion to consolidate this
underground storage tank appeal involving a Boone County facility
with PCB 04-11.
5-0
UST
Appeal
PCB 04-11
Illinois State Toll Highway Authority (Belvidere North CAP) v,
IEPA – The Board granted petitioner’s motion to consolidate this
underground storage tank appeal involving a Boone County facility
with PCB 04-10.
5-0
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 04-22
Wei Enterprises v. IEPA – No action taken.
UST
Appeal
PCB 04-23
Wei Enterprises v. IEPA - No action taken.
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
PCB 04-37
Piasa Motor Fuels v. IEPA – Having previously granted a request
5-0
7
for a 90-day extension, the Board dismissed this matter because no
underground storage tank appeal was filed on behalf of this
Madison County facility.
UST
Appeal
PCB 04-38
Cooper 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 Clay County facility.
5-0
UST
Appeal
PCB 04-39
Kresser Motor Service, 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 LaSalle County facility.
5-0
UST
Appeal
PCB 04-40
Premcor Refining 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 Madison County facility.
5-0
UST
Appeal
PCB 04-48
Village of Robbins and Allied Waste Transportation, Inc. v. IEPA –
The Board accepted for hearing this permit appeal involving a Cook
County facility.
5-0
P-A, Land
PCB 04-65
Champion Laboratories, Inc. v. IEPA – The Board granted
petitioner’s motion to stay effectiveness of the CAAPP Permit
pending decision of this appeal.
5-0
P-A, Air
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) – No action taken.
Citizens
UST
Appeal
8
PCB 04-75
Mate Technologies, Inc. v. F.I.C. America Corporation – No action
taken.
Citizens
L-E
PCB 04-98
People of the State of Illinois v. Onyx Environmental Services
L.L.C. and Aura II, Inc. – No action taken.
A, L&W-E
PCB 04-99
Simpson Auto Service v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Madison County
facility.
5-0
UST
Appeal
PCB 04-100
People of the State of Illinois v. Marc Realty, Inc., 11 East Adams,
L.L.C., and Roberts Environmental Control, Inc. - No action taken.
A-E
PCB 04-101
People of the State of Illinois v. DuPage Machine Products, Inc. –
No action taken.
A-E
PCB 04-102
Noveon, Inc. v. IEPA – The Board accepted for hearing this permit
appeal involving a Marshall County facility. No action was taken
on petitioner’s motion to stay effectiveness of CAAPP Permit.
5-0
P-A, Air
PCB 04-103
Illinois State Toll Highway Authority (Des Plaines South) 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.
9
PCB 04-104
Detrex Corporation 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 04-105
Webb & Sons, 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 Coles County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-106
People of the State of Illinois v. Thomas Gray an individual, Steve
Whyte an individual, Gladys Whyte an individual, Leona Childress
an individual, and William McCoy an individual – No action taken.
L-E
PCB 04-107
People of the State of Illinois v. Peter Babaniotis - No action taken.
L&W-E
PCB 04-108
Midwest Generation, L.L.C. – Collins Generating Station v. IEPA –
The Board accepted for hearing and granted petitioner’s motion to
file reduced number of copies in this permit appeal involving a
Marshall County facility. No action was taken on petitioner’s
motion to stay effectiveness of CAAPP Permit.
5-0
P-A, Air
PCB 04-109
R.W. Sheridan Oil Co., Inc. (High Priority Corrective Action Plan
Budget) v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a McLean County
facility.
5-0
UST
Appeal
PCB 04-110
Board of Trustees of Eastern Illinois University v. IEPA – The
Board accepted for hearing this permit appeal involving a Coles
County facility. No action was taken on petitioner’s motion to stay
effectiveness of CAAPP Permit.
5-0
P-A, Air
10
PCB 04-111
City of Charleston, Illinois v. IEPA – The Board accepted for
hearing this request for variance on behalf of a Coles County
facility.
5-0
PWS-V
PCB 04-112
Swif-T Food Mart (IEPA letter dated 12/1/2003; 12/1/1995 –
11/20/2001) v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Lake County facility.
5-0
UST
Appeal
PCB 04-113
Ethyl Petroleum Additives, Inc. v. IEPA – The Board accepted for
hearing this permit appeal involving a St. Clair County facility. No
action was taken on petitioner’s motion to stay effectiveness of
CAAPP Permit.
5-0
P-A, Air
PCB 04-114
Archer Daniels Midland Company v. IEPA – The Board granted
this request for a 90-day extension of time to file a permit appeal on
behalf of this Peoria County facility.
5-0
P-A, Air
90-Day
Ext.
CASES PENDING DECISION
R03-20
In the Matter of: Brownfields Site Restoration Program;
Amendments to 35 Ill. Adm. Code 740 – Adopted Rule, Final
Order, Opinion and Order
R, Land
PCB 03-2
Todd’s Service Station v. IEPA – (open waiver)
UST
Appeal
PCB 01-167
People of the State of Illinois v. ESG Watts, Inc. (Taylor Ridge
Landfill)
A,L,W-E
11
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Novak adjourned the meeting at 11:35
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on January 22, 2004, by a vote of.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
12
