CHICAGO OFFICE – 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 February 5, 2004 meeting were approved by a vote of 4-0. Member Moore

abstained.

 

 

RULEMAKINGS

R03-19

In the Matter of: Proposed Amendments to: Public Participation

Rules in 35 Ill. Adm. Code 309 NPDES Permits and Permitting

Procedures – The Board adopted a second notice opinion and order

in this rulemaking to amend the Board’s water pollution control

regulations.

 

5-0

R, Water

 

 

ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

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2

 

 

ADMINISTRATIVE CITATIONS

 

AC 04-31

IEPA v. Equipping the Saints Ministry, International, Inc. – The

Board accepted for hearing this petition for review of an

administrative citation against this Macoupin County respondent.

 

5-0

AC 04-33

IEPA v. Everett C. Gover Trust c/o Rebecca Cloney, Trustee – The

Board found that this Montgomery County respondent violated

Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2002)), and

ordered respondent to pay a civil penalty of $1,500

.

 

 

5-0

 

ADJUDICATORY CASES

Decisions

PCB 98-80

People of the State of Illinois v. Craig Linton and Randy Rowe – In

this land enforcement action concerning a LaSalle 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 $6,000 and to

cease and desist from further violations.

 

5-0

L-E

PCB 03-73

People of the State of Illinois v. Riverdale, Inc. and Tri-State

Disposal – In this land 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 respondent to pay a total

civil penalty of $9,000 and to cease and desist from further

violations.

 

5-0

L-E

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3

 

PCB 04-8

People of the State of Illinois v. Greg Prey, individually and d/b/a

King Tire - In this land enforcement action concerning a LaSalle

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

 

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 99-187

Gina Pattermann v. Boughton Trucking and Materials, Inc. – No

action taken.

 

A&N-E

PCB 01-167

People of the State of Illinois v. ESG Watts, Inc. – No action taken.

 

A,L,&W-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 – The Board granted

complainant’s motion for summary judgment as to all counts in the

amended complaint. The Board found that all the respondents

violated Section 21(a), 21(d)(1), 21(e), and 21(p)(1) of the

Environmental Protection Act, (415 ILCS 5/21(a), (d)(1), (e) and

(p)(1) (2002)) and ordered the respondents to pay a total civil

penalty of $25,000.

 

5-0

L-E

PCB 02-211

Stein Steel Mill Services, Inc. v. IEPA – The Board granted

petitioner’s motion for voluntary dismissal of this permit appeal

involving a Madison County facility.

 

5-0

P-A, Air

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4

PCB 02-186

People of the State of Illinois v. Van Melle U.S.A., Inc. – No action

taken.

 

A-E

PCB 03-5

People of the State of Illinois v. Star Electronics, Inc. – Upon

receipt of a proposed stipulation and settlement agreement and an

agreed motion to request relief from the hearing requirement in this

air enforcement action involving a Cook County facility, the Board

ordered publication of the required newspaper notice.

 

5-0

A-E

PCB 04-29

2222 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 –

The Board granted the parties’motions to dismiss these

consolidated enforcement actions as to all respondents. The Board

closed both dockets.

 

5-0

Citizens

L-E

PCB 03-218

Rochelle Waste Disposal, L.L.C. v. City Council of The City of

Rochelle, Illinois – No action taken.

 

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 04-22

Wei Enterprises v. IEPA – The Board granted petitioner’s motion

to reconsider and affirmed its December 4, 2003 decision to dismiss

this untimely petition for review.

 

5-0

UST

Appeal

PCB 04-23

Wei Enterprises v. IEPA – The Board granted petitioner’s motion

to reconsider and affirmed its December 4, 2003 decision to dismiss

this untimely petition for review.

 

5-0

UST

Appeal

PCB 04-26

L. Erickson v. Charleston Classic Homes and Lawrence E.

Vansomeren, Jr. – The Board granted complainant’s motion for

voluntary dismissal of this citizens noise enforcement action

involving a DuPage County facility.

 

5-0

Citizens

N-E

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5

 

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 04-78

Lemont Kar Gas 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

PCB 04-80

Lincoln Technical Institute 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

PCB 04-81

People of the State of Illinois v. Emmett Utilities, Inc. and Russell

D. Thorell individually and as president of Emmett Utilities, Inc. –

No action taken.

 

PWS-E

PCB 04-82

Webel Foods, Inc., Pittsfield 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 Pike County facility.

 

5-0

UST

Appeal

PCB 04-117

Saline County Landfill, Inc. v. IEPA and the County of Saline,

intervener – The Board granted the County of Saline’s motion to

intervene and denied petitioner’s motion requesting to change the

location of the hearing to Sangamon County.

 

5-0

P-A, Land

PCB 04-139

People of the State of Illinois v. Decatur Foundry, Inc. – The Board

accepted for hearing this Resource Conservation and Recovery Act

enforcement action involving a site located in Macon County.

 

5-0

RCRA-E

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6

 

PCB 04-140

People of the State of Illinois v. Whiteway Sanitation, Inc. – The

Board accepted for hearing this land enforcement action involving a

site located in Jersey County.

 

5-0

L-E

PCB 04-141

Illinois State Toll Highway Authority (Lincoln South HPCAP/B) 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.

 

CASES PENDING DECISION

R04-3

In the Matter of: SDWA Update, USEPA Amendments (January 1,

2003 through June 30, 2003) – Adopted Rule, Final Order, Opinion

and Order

 

R, Water

 

OTHER ITEMS

 

The Board granted the Chairman’s Motion to delay the start of the

February 26, 2004 Closed Deliberative Session under Section 120/2

(B)(4) of the Open Meetings Act from 10:00 a.m. to 11:00 a.m.

 

5-0

 

 

 

ADJOURNMENT

Moved and seconded, by a vote of 5-0, Chairman Novak adjourned the meeting at 11:25

 

a.m.

I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board

approved the above minutes on March 4, 2004, by a vote of 5-0.

 

 

 

  

  

  

  

  

  

 

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board