February 5, 2004
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
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 except for Board
Member Moore who was absent.
APPROVAL OF MINUTES
Minutes of the January 8, 2004 meeting were approved by a vote of 4-0.
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 – The Board accepted for
hearing this Franklin County facility’s petition for an adjusted
standard from the volatile organic material limitations. The Board
granted petitioner’s motions for expedited review and for attorney
Dale A. Guariglia permission to appear
pro hac vice.
4-0
Air
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
ADMINISTRATIVE CITATIONS
AC 04-19
IEPA v. Christopher Coleman – The Board granted complainant’s
motion to reconsider, vacated the Board’s December 18, 2003 order
and dismissed this administrative citation, and closed the docket.
4-0
AC 04-26
IEPA v. Charles Flick – The Board found that this Union 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
.
4-0
AC 04-28
IEPA v. American Disposal Services of Illinois, Inc. and David
Bryant – The Board found that these Livingston County
respondents violated Section 21(o)(12) of the Act (415 ILCS
5/21(o)(12) (2002)), and ordered respondents to pay a civil penalty
of $500
.
4-0
AC 04-29
IEPA v. Charles Parker – The Board granted complainant’s motion
for voluntary dismissal of this administrative citation involving a
Logan County facility.
4-0
AC 04-30
IEPA v. Larry Lord – The Board found that this Marshall 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
.
4-0
AC 04-32
IEPA v. Rosemary Pehm – The Board accepted for hearing this
petition for review of an administrative citation against this
Marshall County respondent.
4-0
AC 04-34
IEPA v. Troy Williamson and Swords Vaneer & Lumber Company
– The Board accepted for hearing two petitions for review of an
administrative citation against these Henry County respondents.
4-0
3
AC 04-35
County of Montgomery v. Lance and Christine Vernish – The
Board accepted an administrative citation against these
Montgomery County respondents.
AC 04-36
IEPA v. V-Max Materials, Inc. – The Board accepted an
administrative citation against this DuPage County respondent.
AC 04-37
County of Jackson v. Gary Clover – The Board accepted an
administrative citation against this Jackson County respondent.
AC 04-38
IEPA v. Emmett Engel – The Board accepted an administrative
citation against this JoDavies County respondent.
AC 04-39
County of Jackson v. Edward Tow – The Board accepted for
hearing this petition for review of an administrative citation against
this Jackson County respondent.
AC 04-40
IEPA v. Knox County Landfill Committee and Greg Ingles – The
Board accepted an administrative citation against these Knox
County respondents.
AC 04-41
IEPA v. Cheryl Clayton – The Board accepted an administrative
citation against this Adams County respondent.
AC 04-42
County of Jackson v. Gary Easton – The Board accepted an
administrative citation against this Jackson County respondent.
AC 04-43
County of Jackson v. Frank Stonemark – The Board accepted an
administrative citation against this Jackson County respondent.
AC 04-44
County of Jackson v. Gary Easton – The Board accepted an
administrative citation against this Jackson County respondent.
4
AC 04-45
IEPA v. Herbert Lust d/b/a Bement Plumbing Supply Company and
Francis Ann Lust – The Board accepted an administrative citation
against this Platt County respondent.
AC 04-46
IEPA v. Christopher Coleman – The Board accepted an
administrative citation against this Union County respondent.
ADJUDICATORY CASES
Decisions
PCB 02-162
People of the State of Illinois v. Fox Valley Dry Wall, Inc. – The
Board directed the parties to file with the Clerk information
clarifying the authority on which the Board may rely in ordering
payment of fees and costs to the specified fund in the stipulation by
March 8, 2004.
4-0
L-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 99-19
Karen & Anthony Roti, Paul Rosenstrock, and Leslie Weber v.
LTD Commodities – The Board granted in part respondent’s
motions to supplement and for reconsideration, modifying the
Board’s July 24, 2003 final opinion and order.
4-0
Johnson
dissented
A-E
PCB 99-187
Gina Pattermann v. Boughton Trucking and Materials, Inc. – No
action taken.
A&N-E
5
PCB 99-188
L. Keller Oil Properties, Inc. v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Macon County facility.
4-0
UST
Appeal
PCB 01-46
PCB 01-51
Cons.
XCTC Limited Partnership v. IEPA; Georgia-Pacific Tissue, L.L.C.
v. IEPA – The Board granted respondent’s motion to dismiss
petitioner’s amended petition. The permit appeal shall proceed to
hearing on the original petition for appeal.
4-0
P-A, Air
PCB 02-49
Fox River Water Reclamation District (South Plant) v. IEPA – The
Board granted petitioner’s motion for voluntary dismissal of this
permit appeal involving a Kane County facility.
4-0
P-A,
NPDES
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 02-164
Barbara Stuart and Ronald Stuart v. Franklin Fisher and Phyllis
Fisher – Complainants’ motion to incorporate portions of the Board
hearing transcripts and documents from a prior 1979 noise
complaint was referred to the hearing officer for disposition.
Citizens
N-E
PCB 02-186
People of the State of Illinois v. Van Melle U.S.A., Inc. – No action
taken.
A-E
PCB 03-55
PCB 04-29
222 Elston L.L.C. v. Purex Industries, Inc., Federal Die Casting
Company, Federal Chicago Corporation, and Raymond E. Cross;
The City of Chicago v. Purex Industries, Inc., Federal Die Casting
Company, Federal Chicago Corporation, and Raymond E. Cross –
No action taken.
Citizens
L-E
PCB 03-88
PCB 04-109
R.W. Sheridan Oil Co., Inc. v. IEPA – The Board granted
petitioner’s motion to consolidate PCB 03-88 and PCB 04-109
underground storage tank appeals involving a McLean County
facility.
4-0
UST
Appeal
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 04-22
Wei Enterprises v. IEPA – No action taken.
UST
Appeal
PCB 04-23
Wei Enterprises v. IEPA – No action taken.
UST
Appeal
PCB 04-26
L. Erickson v. Charleston Classic Homes and Lawrence E.
Vansomeren, Jr. – No action taken.
Citizens
N-E
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
petitioner County of Kankakee's motion to supplement the record in
these consolidated pollution control facility siting appeals involving
a proposed facility in Kankakee County.
4-0
P-C-F-S-R
3d Party
PCB 04-73
A&R, 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 Cook
County facility.
4-0
UST
Appeal
PCB 04-74
Clearing Disposal 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.
4-0
UST
Appeal
7
PCB 04-76
Carrollton CUSD #1 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 Greene
County facility.
4-0
UST
Appeal
PCB 04-77
Action Amusement 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 Washington County facility.
4-0
UST
Appeal
PCB 04-110
Board of Trustees of Eastern Illinois University v. IEPA – The
Board granted petitioner’s motion to stay effectiveness of the
CAAPP Permit pending decision of this appeal.
4-0
P-A, Air
PCB 04-113
Ethyl Petroleum Additives, Inc. v. IEPA – The Board granted
petitioner’s motion to stay effectiveness of the CAAPP Permit
pending decision of this appeal.
4-0
P-A, Air
PCB 04-117
Saline County Landfill, Inc. v. IEPA – No action taken.
P-A, Land
PCB 04-128
Boye Needle Facility 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 04-129
Brock 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 McLean County facility.
4-0
UST
Appeal
90-Day
Ext.
8
PCB 04-130
Drake Tower Apartments, 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.
4-0
UST
Appeal
90-Day
Ext.
PCB 04-131
Circle C, Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Jersey County facility.
4-0
UST
Appeal
PCB 04-132
Granite City Fire Department 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 Madison County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 04-133
Keller Oil Company/Sullivan Super K v. IEPA – The Board
accepted for hearing this underground storage tank appeal
involving a Moultrie County facility.
4-0
UST
Appeal
PCB 04-134
People of the State of Illinois v. Interstate Brands Corporation –
The Board accepted for hearing this air enforcement action
involving a site located in Cook County.
4-0
A-E
PCB 04-135
People of the State of Illinois v. GF Office Furniture, Ltd. L.P.,
Office Suites, Inc., Inc., GF Office Furniture, Ltd. L.P., and GF
Furniture Holding, Inc. – The Board accepted for hearing this air
enforcement action involving a site located in Cook County.
4-0
A-E
PCB 04-136
People of the State of Illinois v. Cromwell-Phoenix, Inc. – The
Board accepted for hearing this air enforcement action involving a
site located in Cook County.
4-0
A-E
9
PCB 04-137
People of the State of Illinois v. Robinson Carbon, Inc. – The Board
accepted for hearing this air enforcement action involving a site
located in Crawford County.
4-0
A-E
PCB 04-138
People of the State of Illinois v. Pinnacle Corporation d/b/a Town
& Country Homes – The Board accepted for hearing this air
enforcement action involving a site located in Lake County.
4-0
W-E
ADJOURNMENT
Moved and seconded, by a vote of 4-0, 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 February 19, 2004, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
