ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
January 22, 2004
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.
ROLL CALL
The Clerk of the Board called the roll.
All Board Members answered present.
APPROVAL OF MINUTES
Minutes of the January 8, 2004 meeting were approved by a vote of 5-0.
RULEMAKINGS
R03-20
In the Matter of: Brownfields Site Restoration Program;
Amendments to 35 Ill. Adm. Code 740 – The Board adopted as
final rules to establish procedures and standards for administering
the new Brownfields Site Restoration Program.
5-0
R, Land
R04-1
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (January 1, 2003 through June 30, 2003) – The Board
adopted as final rules in this “identical-in-substance” rulemaking to
amend the Board’s water pollution control regulations.
5-0
R, Water
R04-20
In the Matter of: Clean-Up Part III, Amendments to 35 Ill. Adm.
Code Part 211, 218, and 219 – The Board accepted for hearing the
Illinois Environmental Protection Agency’s January 6, 2004
proposal to amend the Board’s air pollution control regulations. On
its own motion the Board consolidated this matter for hearingwith
R04-12, Technical Corrections to Formulas in 35 Ill. Adm. Code
214 "Sulfur Limitations", and adopted a proposal fro public
comment.
5-0
R, Air
R04-21
In the Matter of: Revisions to Radium Water Quality Standards:
Proposed New 35 Ill. Adm. Code 302.307 and Amendments to 35
Ill. Adm. Code 302.207 and 302.525 – The Board accepted for
hearing the Illinois Environmental Protection Agency’s January 13,
2004 proposal to amend the Board’s water quality standards
regulations.
5-0
R, Water
R04-22
In the Matter of: Proposed Amendments to Regulation of
Petroleum Leaking Underground Storage Tanks (35 Ill. Adm. Code
732) – The Board accepted for hearing the Illinois Environmental
Protection Agency’s (Agency) January 13, 2004 proposal to amend
the Board’s land pollution control regulations. As requested by the
Agency, the Board consolidated this matter with R04-23, In the
Matter of: Regulation of Petroleum Leaking Underground Storage
Tanks (Proposed New 35 Ill. Adm. Code 734).
5-0
R, Land
R04-23
In the Matter of: Regulation of Petroleum Leaking Underground
Storage Tanks (Proposed New 35 Ill. Adm. Code 734) – The Board
accepted for hearing the Illinois Environmental Protection
Agency’s (Agency) January 13, 2004 proposal to amend the
Board’s land pollution control regulations. As requested by the
Agency, the Board consolidated this matter with R04-22, In the
Matter of: Proposed Amendments to Regulation of Petroleum
Leaking Underground Storage Tanks (35 Ill. Adm. Code 732).
5-0
R, Land
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
2
ADMINISTRATIVE CITATIONS
AC 04-27
IEPA v. Douglas S. Carrico d/b/a Carrico’s Auto Heap – The Board
accepted for hearing this petition for review of an administrative
citation against this Greene County respondent.
5-0
ADJUDICATORY CASES
Decisions
PCB 02-1
People of the State of Illinois v. Stein Steel Mill Services, Inc. – In
this air enforcement action concerning a Madison 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 $15,000 and to
cease and desist from further violations.
5-0
A-E
PCB 02-162
People of the State of Illinois v. Fox Valley Dry Wall, Inc. – No
action taken.
L-E
PCB 03-2
Todd’s Service Station v. IEPA – The Board affirmed the June 7,
2000 Illinois Environmental Protection Agency approval with
modifications, of petitioner’s corrective action plan budget.
5-0
UST
Appeal
PCB 03-14
People of the State of Illinois v. Riba-Fairfield, Inc. – In this
Resource Conservation and Recovery Act enforcement action
concerning a Macon 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 $5,000 and to cease and desist from further
violations.
5-0
L-E
3
PCB 03-233
People of the State of Illinois v. Gerald Hewing d/b/a Hewing
Technical Services – In this water enforcement action concerning a
Shelby 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 $2,000 and to cease and desist from further
violations.
5-0
W-E
PCB 04-46
People of the State of Illinois v. Marathon Ashland Pipeline L.L.C.
– In this air enforcement action concerning a Clark 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 $55,000 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 97-193
People of the State of Illinois v. Community Landfill Company,
Inc. – No action taken.
L-E
PCB 98-80
People of the State of Illinois v. Craig Linton an individual and
Randy Rowe an individual – 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 LaSalle County facility, the Board ordered publication
of the required newspaper notice.
5-0
L-E
PCB 99-19
Karen & Anthony Roti, Paul Rosenstrock, and Leslie Weber v.
LTD Commodities – No action taken.
A-E
4
PCB 99-163
Homewood Disposal Service Company v. IEPA – The Board
granted petitioner’s motion for voluntary dismissal of this
underground storage tank appeal involving a Cook County facility.
5-0
P-A, Land
PCB 99-187
Gina Pattermann v. Boughton Trucking and Materials, Inc. – No
action taken.
A&N-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 03-85
Biggs Brothers Service 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 03-96
Martin E. and Kathy L. Geber v. Carrie Scharf Trucking and
Materials, Carrie Scharf Materials Company, and East Side
Materials, L.L.C. – The Board granted the parties’ joint motion for
dismissal of this citizen’s noise enforcement action involving a
Tazewell County facility.
5-0
Citizens
N-E
PCB 03-182
People of the State of Illinois v. Reilly Industries, Inc. – The Board
granted complainant’s motion to file first supplemental complaint
and accepted the supplemental complaint.
5-0
RCRA-E
Air and
Water
5
PCB 03-218
Rochelle Waste Disposal, L.L.C. v. City Council of the City of
Rochelle, Illinois – The Board referred the parties’ agreed motion
to exceed page limit to the hearing officer for disposition.
P-C-F-S-R
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 04-8
People of the State of Illinois v. Greg Prey individually and d/b/a
King Tire – 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 LaSalle
County facility, the Board ordered publication of the required
newspaper notice.
Johnson
L-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 – The Board struck the
alleged violation of 35 Ill. Adm. Code Part 742 as frivolous and
accepted this matter involving a DeKalb County facility for
hearing.
5-0
Citizens
L&W-E
PCB 04-14
McDonald’s Corporation v. IEPA – The Board denied petitioner’s
motion for summary judgment but granted the respondent’s motion,
affirming the Illinois Environmental Protection Agency’s June 23,
2003 denial of reimbursement for $31,515 in costs.
5-0
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
6
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 ordered
petitioners Waste Management and the County of Kankakee
(County) to pay the costs of preparing seven copies of the transcript
and one original and nine copies of all other documents in the
record with the Board. The Board also ordered Waste Management
and the County to reimburse the City of Kankakee (City) for
binding and numbering the pages of the record on appeal, as well as
for delivery of the record to the Board. The Board deferred ruling
on the City’s motion October 23, 2003 motion to waive the
necessity of filing approximately 1,700 pounds of rock core
samples and ordered the City to complete the record by February 1,
2004, by providing either: (1) citation to physical and quantitative
descriptions of the rock core samples in the record; or (2) the actual
rock core samples.
5-0
P-C-F-S-R
3d Party
PCB 04-51
Illinois State Toll Highway Authority (Lincoln Oasis North) v.
IEPA – The Board accepted for hearing this underground storage
tank appeal involving a Cook County facility.
5-0
UST
Appeal
PCB 04-52
Kramer’s Service Station v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Vermilion County
facility.
5-0
UST
Appeal
PCB 04-66
Premcor Refining Group v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Madison County
facility.
5-0
UST
Appeal
PCB 04-68
Martin Oil Marketing, Ltd. v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a Cook
County facility.
5-0
UST
Appeal
7
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 denied the motion to reconsider
or clarify the Board’s December 4, 2003 order.
4-0
Melas
abstained
Citizens
UST
Appeal
PCB 04-70
Briarwood Country Club 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 04-71
Paul Phelan 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
Macoupin County facility.
5-0
UST
Appeal
PCB 04-72
Willaredt Oil Company v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Macon County
facility.
5-0
UST
Appeal
PCB 04-75
Mate Technologies, Inc. v. F.I.C. America Corporation – 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.
5-0
Citizens
L-E
PCB 04-93
Martin Oil Marketing, Ltd. v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a McLean
County facility.
5-0
UST
Appeal
PCB 04-98
People of the State of Illinois v. Onyx Environmental Services
L.L.C. and Aura II, Inc. – The Board accepted for hearing this air,
land and water enforcement action involving a site located in Lake
County.
5-0
A, L&W-E
PCB 04-100
People of the State of Illinois v. Marc Realty, Inc., 11 East Adams,
5-0
8
L.L.C., and Roberts Environmental Control, Inc. – The Board
accepted for hearing this air enforcement action involving a site
located in Cook County.
A-E
PCB 04-101
People of the State of Illinois v. DuPage Machine Products, Inc. –
The Board accepted for hearing this air enforcement action
involving a site located in DuPage County.
5-0
A-E
PCB 04-102
Noveon, 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 04-106
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 – The Board
accepted for hearing this air enforcement action involving a site
located in Kankakee County.
5-0
L-E
PCB 04-107
People of the State of Illinois v. Peter Babaniotis - The Board
accepted for hearing this land and water enforcement action
involving a site located in Will County.
5-0
L&W-E
PCB 04-108
Midwest Generation, L.L.C. – Collins Generating Station 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 04-110
Board of Trustees of Eastern Illinois University v. IEPA – No
action taken.
P-A, Air
PCB 04-113
Ethyl Petroleum Additives, Inc. v. IEPA – No action taken.
P-A, Air
9
PCB 04-115
General Electric Company d/b/a GE Plastics v. IEPA – The Board
accepted for hearing this permit appeal involving a LaSalle County
facility. The Board granted attorneys Alphonse McMahon and
Shannon S. Broome permission to appear
pro hac vice
on behalf of
respondent.
5-0
P-A, Air
PCB 04-116
Oasis Industries, 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 Kane County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-117
Saline County Landfill, Inc. v. IEPA – The Board accepted for
hearing this permit appeal involving a Saline County facility.
5-0
P-A, Land
PCB 04-118
AJ 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 Peoria County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-119
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.
PCB 04-120
Didier Greenhouses, 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 Winnebago County facility.
5-0
UST
Appeal
90-Day
Ext.
10
PCB 04-121
Gregory M. and Nancy C. Leigh (Property Identification Number
06-05-26-200-002) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Gregory M. and
Nancy C. Leigh 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)).
5-0
T-C
Water
PCB 04-122
Bacon Hill Farm, Inc. (Property Identification Number 06-05-25-
100-005) – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Bacon Hill Farm, Inc. 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)).
5-0
T-C
Water
PCB 04-123
Hammett Farms, Inc. (Property Identification Number 11-12-300-
009 v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Hammett Farms, Inc. located in
DeKalb 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
Water
PCB 04-124
Hilleson Farms, Inc. (Property Identification Number 21-12-10-
300-001 v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Hilleson Farms, Inc. located in
Lee 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
Water
PCB 04-125
David and Kathleen Helregel (Property Identification Number 75-
20-19-100-008) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of David and Kathleen
Helregel located in Jasper 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
Water
11
PCB 04-126
Independence Pork, L.L.C. (Property Identification Number 17-11-
400-002) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Independence Pork, LLC located
in DeKalb 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
Water
PCB 04-127
Wayne A. and Susan E. Bergbower (Property Identification
Number 90-08-16-300-009) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Wayne A. and Susan
E. Bergbower located in Jasper 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
Water
PCB 04-128
Pioneer Engineering & Environmental Services, Inc. v. IEPA – No
action taken.
UST
Appeal
90-Day
Ext.
OTHER ITEMS
The Board granted Chairman’s motion to reschedule Closed
Deliberative Session under the exception in Section 120/2 (B)(4) of
the Open Meetings Act from January 29, 2004 to February 3, 2004
5-0
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Novak adjourned the meeting at 11:55
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on February 5, 2004, by a vote of.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
12
