MARCH 18, 2004 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 were present.
APPROVAL OF MINUTES
Minutes of the March 4, 2004 meeting were approved by a vote of 5-0.
RULEMAKINGS
R04-5
R04-15
Cons.
In the Matter of: RCRA Subtitle D (Municipal Solid Waste
Landfill) Update, USEPA Amendments (January 1, 2003 through
June 30, 2003); In the Matter of: RCRA Subtitle C (Hazardous
Waste) Update, USEPA Amendments (July 1, 2003 through
December 31, 2003) – On its own motion the Board consolidated
and adopted a proposal for public comment in these “identical-in-
substance” rulemakings to amend the Board’s Municipal Solid
Waste Landfill regulations.
5-0
R, Land
R04-24
In the Matter of: Amendments to the Board’s Procedural Rules to
Accommodate New Statutory Provisions: 35 Ill. Adm. Code 101-
130 – The Board adopted a first notice opinion and order in this
rulemaking to amend the Board’s procedural regulations.
5-0
R, Proc.
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
ADMINISTRATIVE CITATIONS
AC 04-31
IEPA v. Equipping the Saints Ministry, Inc. – No action taken.
AC 04-35
County of Montgomery v. Lance Vernish and Christine Vernish –
The Board found that these Montgomery County respondents
violated Sections 21(p)(1) and (p)(7) of the Environmental
Protection Act (415 ILCS 5/21(p)(1), (p)(7) (2002)), and ordered
respondents to pay a civil penalty of $3,000
.
5-0
AC 04-37
County of Jackson v. Gary Clover – The Board found that this
Jackson County respondent violated Sections 21(p)(1) and (p)(7) of
the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(7)
(2002)), and ordered respondent to pay a civil penalty of $3,000
.
5-0
AC 04-38
IEPA v. Emmett Engel – The Board found that this JoDaviess
County respondent violated Section 21(p)(1) of the Environmental
Protection Act (415 ILCS 5/21(p)(1) (2002)), and ordered
respondent to pay a civil penalty of $1,500
.
5-0
AC 04-40
IEPA v. Knox County Landfill Committee and Greg Ingles – The
Board found that these Knox County respondents violated Sections
21(o)(5) and (o)(12) of the Environmental Protection Act (415
ILCS 5/21(o)(5), (o)(12) (2002)), and ordered respondents to pay a
civil penalty of $1,000
.
5-0
AC 04-42
County of Jackson v. Gary Easton – The Board found that this
Jackson County respondent violated Sections 21(p)(1) and (p)(7) of
the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(7)
(2002)), and ordered respondent to pay a civil penalty of $3,000
.
5-0
AC 04-44
County of Jackson v. Gary Easton – The Board found that this
Jackson County respondent violated Section 21(p)(1) of the
Environmental Protection Act (415 ILCS 5/21(p)(1) (2002)), and
ordered respondent to pay a civil penalty of $1,500
.
5-0
3
AC 04-54
IEPA v. U.S. Scrap and Metal – The Board accepted an
administrative citation against this Macon County respondent.
AC 04-55
IEPA v. Josiah W. Collins II and Lori Hilton – The Board accepted
an administrative citation against these McDonough County
respondents.
ADJUDICATORY CASES
Decisions
PCB 02-162
People of the State of Illinois v. Fox Valley Dry Wall, Inc. – In this
land enforcement action concerning a Kane 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 $8,000 as well
as $2,000 in fees and cost, and to cease and desist from further
violations.
5-0
L-E
PCB 03-5
People of the State of Illinois v. Star Electronics, Inc. – In this air
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 $10,000 and to cease and
desist from further violations.
5-0
A-E
PCB 04-33
PCB 04-34
PCB 04-35
Cons.
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 affirmed
the August 18, 2003 decision of the City of Kankakee approving
Town & Country’s application to site a new pollution control
facility.
5-0
P-C-F-S-R
3d Party
4
Motions and Other Matters
PCB 97-193
People of the State of Illinois v. Community Landfill Company,
Inc. – The Board denied respondent’s motion for leave to file a
third amended complaint and struck the third amended complaint.
5-0
L-E
PCB 99-187
Gina Pattermann v. Boughton Trucking and Materials, Inc. – No
action taken.
A&N-E
PCB 00-163
David and Jacquelyn McDonough v. Gary Robke – No action
taken.
N-E
PCB 01-7
People of the State of Illinois v. QC Finishers, Inc. – No action
taken.
A-E
PCB 01-167
People of the State of Illinois v. ESG Watts, Inc. – No action taken.
A,L,&W-E
PCB 03-220
People of the State of Illinois v. Lehigh Press, Inc. a/k/a Lehigh
Press-Cadillac, Lehigh Cadillac-Direct, Lehigh Digital, and Lehigh
Direct – 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 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 04-9
People of the State of Illinois v. Aargus Plastics, Inc. – No action
taken.
A-E
PCB 04-13
People of the State of Illinois v. Intermatic Incorporated – The
Board granted complainant’s motion to dismiss count IV of the
complaint, which alleges violations of the air pollution control
regulations.
5-0
A-E
5
PCB 04-75
Mate Technologies, Inc. v. F.I.C. America Corporation – The
Board denied respondents motion to dismiss or in the alternative
strike.
5-0
L-E
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 04-86
Braun Oil Company (Corrective Action Plan) 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 Raandolph County facility.
5-0
UST
Appeal
PCB 04-89
Russell Oil (April 29, 2003 to June 30, 2003) 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 Saline County facility.
5-0
UST
Appeal
PCB 04-90
A&R, Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Cook County facility.
5-0
UST
Appeal
PCB 04-91
Thomeczek Oil Company v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a Madison
County facility.
5-0
UST
Appeal
PCB 04-138
People of the State of Illinois v. Pinnacle Corporation d/b/a Town
& Country Homes – No action taken.
W-E
PCB 04-146
Jean A. Mathison and Rockford Stop-N-Go, Inc. v. Illinois Office
of State Fire Marshal and IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Boone County
facility. The Board dismissed the Illinois Environmental Protection
Agency as an improper respondent.
5-0
UST
Appeal
6
PCB 04-147
Cooper 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 Clay County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-148
Illiopolis Grain 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 Sangamon County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-149
Great Lakes Dredge & Dock Company v. IEPA – On its own
motion, the Board reserved this docket for the review of the
February 9, 2004 rejection of the October 2003 corrective action
plan and associated budget. Petitioner was directed to file an
amended petition under docket number PCB 04-145, accompanied
by the statutory filing fee, within 35 days of the date of this order
i.e.
on or before April 8, 2004.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-150
Pontiac Casey’s, 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 Livingston County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 03-156
PCB 03-157
PCB 03-158
PCB 04-151
PCB 04-152
PCB 04-153
PCB 04-154
Swearingin Amoco (October 1, 1996 to February 28, 1997; May 1,
1997 to March 31, 1998; October 1, 1997 to October 31, 1998 and
March 1, 1995 to May 31, 1997; June 1, 1996 to June 30, 1996;
July 1, 1996 to August 31, 1996; February 1, 2000 to July 31, 2000;
July 1, 2000 to February 1, 2001) v. IEPA – The Board accepted
PCB 04-151, PCB 04-152, PCB 04-153 and PCB 04-154 for
hearing. The Board granted petitioner’s motion to consolidate these
underground storage tank appeals involving a Jersey County
facility with formerly consolidated cases PCB 03-156, PCB 03-157,
and PCB 03-158.
5-0
UST
Appeals
7
PCB 04-155
Elston/Webster, L.P. and Renaissance Realty Group L.L.C. (High
Priority Corrective Action Plan and Modeling Report) v. IEPA –
The Board accepted for hearing this underground storage tank
appeal involving a Cook County facility.
5-0
UST
Appeal
PCB 04-156
Keller Oil/Centralia v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Marion County
facility.
5-0
UST
Appeal
PCB 04-157
Joe’s Mobil v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Montgomery County
facility.
5-0
UST
Appeal
PCB 03-24
PCB 03-25
PCB 04-158
(Cons.)
Hannel Oil Company (January 1, 2001 to June 30, 2001; July 1,
2000 to December 31, 2000; August 1, 2002 to November 30,
2002) v. IEPA – The Board accepted PCB 04-158 for hearing. The
Board granted petitioner’s motion to consolidate this underground
storage tank appeal involving a Morgan County facility with
formerly consolidated cases PCB 03-24 and PCB 03-25.
5-0
UST
Appeal
PCB 04-159
Biggs Brothers Service Center 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 St. Clair County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-160
ISG Hennepin, Inc. v. IEPA – The Board dismissed this petition to
review a February 4, 2004 determination of the Illinois
Environmental Protection Agency as improperly filed. The motion
to appear
pro hac vice
was accordingly denied as moot.
5-0
W-V
CASES PENDING DECISION
R04-16
In the Matter of: RCRA Subtitle C (Hazardous Waste) Update,
R, Land
8
USEPA Amendments (July 1, 2003 through December 31, 2003) –
Proposed Rule, Proposal for Public Comment, Proposed Opinion
and Order
PCB 03-214
Illinois Ayers Oil Co. v. IEPA (due 4/15)
UST
Appeal
PCB 03-218
Rochelle Waste Disposal, L.L.C. v. City Council of The City of
Rochelle, Illinois – (see also Respondent’s Agreed Motion to
Exceed Page Limit for Post-Hearing Brief (2/9), Concerned
Citizens of Ogle County’s Motion for Leave to File an Amicus
Curiae Brief and Amicus Curiae Brief (2/10)) (due 4/15)
P-C-F-S-R
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Novak adjourned the meeting to an
executive session 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 April 1, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
