ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
APRIL 1, 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 March 18, 2004 meeting were approved by a vote of 4-0.
RULEMAKINGS
R04-16
In the Matter of: RCRA Subtitle C (Hazardous Waste) Update,
USEPA Amendments (July 1, 2003 through December 31, 2003) –
The Board adopted a proposal for public comment in this
“identical-in-substance” rulemaking to amend the Board’s
hazardous waste regulations.
4-0
R, Land
ADMINISTRATIVE CITATIONS
AC 03-27
IEPA v. Vince Harvey – The Board entered an interim opinion and
order finding respondent violated Sections 21(p)(1) and 21(p)(7) of
the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(7)
(2002)) and assessing a penalty of $3,000. The Board ordered the
Clerk of the Board and the Environmental Protection Agency to file
within 14 days a statement of hearing costs, supported by affidavit,
with service on respondent.
4-0
AC 04-31
IEPA v. Equipping the Saints Ministry, Inc. – The Board denied
complainant’s motion for default judgment, and ordered the matter
to proceed to hearing.
4-0
AC 04-47
IEPA v. James Haas, Jr. – The Board found that this Carroll 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
.
4-0
AC 04-48
IEPA v. Russell v. Weller, Evelyn L. Weller, and Springfield Iron
and Metal Co., Inc. – The Board dismissed respondent’s petition for
review in this administrative citation as untimely filed. The Board
found that these Sangamon County respondents violated Section
21(p)(1) of the Environmental Protection Act (415 ILCS 5/21(p)(1)
(2002)), and ordered respondents to pay a civil penalty of $1,500
.
4-0
AC 04-52
IEPA v. Glen Cooper, Betty Cooper and Ronald Gernay d/b/a
Ron’s Sandblasting, Painting and Power Washing – The Board
found the petition for review deficient in this administrative citation
involving a Cass County facility, and ordered petitioners to file an
amended petition to cure deficiencies no later than May 1, 2004, or
the petition would be subject to dismissal.
4-0
AC 04-56
County of Vermilion, Illinois v. Jerry Hathaway and Darrell Cripe –
Accept Case – The Board accepted an administrative citation
against these Vermilion
County respondents.
2
AC 04-57
IEPA v. Arlyn Ray d/b/a Arlyn Ray Construction, Tom Romero
d/b/a Arlyn Ray Exteriors, Robert J. Adams and Rita M. Adams –
The Board accepted an administrative citation against these
Woodford County respondents.
ADJUDICATORY CASES
Decisions
PCB 01-167
People of the State of Illinois v. ESG Watts, Inc. – The Board
entered a final order requiring respondent to reimburse
the Office of
the Attorney General $7,140 for attorney fees and expert witness
costs. This order follows the Board's interim order of January 8,
2004, which found that this respondent had violated Sections 9(a),
12(a), 21(d) and (o)(11) of the Environmental Protection Act (415
ILCS 5/9(a), 5/21(d)(1), (o)(11) (2002)) and assessed a penalty of
$1,000,000.
4-0
Johnson
concurred
L-E
PCB 03-214
Illinois Ayers Oil Co. v. IEPA – The Board affirmed in part and
reversed in part the Environmental Protection Agency’s March 28,
2003 decision to modify the high priority corrective action plan and
budget for respondents’ site in Beardstown, Cass County.
4-0
UST
Appeal
Motions and Other Matters
PCB 99-19
Karen & Anthony Roti, Paul Rosenstrock, and Leslie Weber v.
LTD Commodities – The Board denied respondents’ motion to
supplement record. Because this matter is now before the appellate
court, the Board no longer has jurisdiction to enter the requested
order.
4-0
Citizens
N-E
PCB 99-187
Gina Pattermann v. Boughton Trucking and Materials, Inc. – No
action taken.
A&N-E
3
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 01-102
Cassen and Sons, Inc. v. IEPA – No action taken.
4-0
UST
Appeal
PCB 02-190
Mark IV Realty, Inc. v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Cook County facility.
3-0
Melas
abstained
UST
Appeal
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 04-81
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 04-103
Illinois State Toll Highway Authority (Des Plaines South) v. IEPA
– The Board accepted for hearing this underground storage tank
appeal involving a Cook County facility.
4-0
UST
Appeal
PCB 04-104
Detrex Corporation 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
4
PCB 04-105
Webb & Sons, Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Coles County facility.
4-0
UST
Appeal
PCB 04-138
People of the State of Illinois v. Pinnacle Corporation d/b/a Town
& Country Homes – The Board denied respondent’s motion to
dismiss complaint.
4-0
W-E
PCB 04-143
PCB 04-145
Great Lakes Dredge & Dock Company v. IEPA – The Board
accepted PCB 04-145 for hearing. The Board granted petitioner’s
motion to consolidate this underground storage tank appeal
involving a Cook County facility with PCB 04-143.
4-0
UST
Appeal
PCB 04-146
Jean A. Mathison and Rockford Stop-N-Go, Inc. v. Illinois Office
of State Fire Marshal – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal
involving a Boone County facility.
4-0
UST
Appeal
PCB 04-161
People of the State of Illinois v. ConocoPhillips Company – 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 Madison County facility, the
Board ordered publication of the required newspaper notice.
4-0
A-E
PCB 04-162
People of the State of Illinois v. Asbestos Control and
Environmental Services Corp. – The Board accepted for hearing
this air enforcement action involving a site located in Cook County.
4-0
A-E
PCB 04-163
Eaves Auto Repair 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 Ford County facility.
4-0
UST
Appeal
90-Day
Ext.
5
PCB 04-164
People of the State of Illinois v. The Fields of Long Grove Home
Owner’s Association – The Board accepted for hearing this public
water supply enforcement action involving a site located in Lake
County.
4-0
PWS-E
PCB 04-165
People of the State of Illinois v. Medical Waste Management, Inc. –
The Board accepted for hearing this special waste hauling
enforcement action, involving waste from facilities located in
various counties.
4-0
SWH-E
PCB 04-166
Red Carpet Car Wash 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 Macon County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 04-167
L. Keller Oil Properties, Inc./Effingham/Downtown Super K v.
IEPA – The Board accepted for hearing this underground storage
tank appeal involving an Effingham County facility.
4-0
UST
Appeal
PCB 04-168
L. Keller Oil Properties, Inc./Salem/Keller Oil (Pruden’s Shell) v.
IEPA – The Board accepted for hearing this underground storage
tank appeal involving a Marion County facility.
4-0
UST
Appeal
PCB 04-169
Craig’s Service Station 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.
6
PCB 04-170
Chemrex 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 03-129
PCB 03-130
PCB 03-131
PCB 03-136
PCB 03-137
PCB 04-171
L. Keller Oil Properties, Inc./Charleston/Keller Oil v. IEPA – The
Board accepted PCB 04-171 for hearing. The Board granted
petitioner’s motion to consolidate this underground storage tank
appeal involving a Coles County facility with formerly
consolidated cases PCB 03-129, PCB 03-130, PCB 03-131, PCB
03-136, PCB 03-137.
4-0
UST
Appeal
PCB 02-205
PCB 02-206
PCB 04-172
Home Oil Company v. IEPA – No action taken.
UST
Appeal
PCB 04-173
City of Sullivan 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 Moultrie County facility.
4-0
UST
Appeal
90 Day
Ext.
CASES PENDING DECISION
R04-18
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (July 1, 2003 through December 31, 2003) –
Proposed Rule, Proposal for Public Comment, Opinion and Order
R, Water
PCB 02-177
People of the State of Illinois v. John Prior d/b/a Prior Oil Company
and James Mezo d/b/a Mezo Oil Company
L,W-E
PCB 03-218
Rochelle Waste Disposal, L.L.C. v. City Council of The City of
P-C-F-S-R
7
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)
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Chairman Novak adjourned the meeting to an
executive session 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 April 15, 2004, by a vote of 4-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
8
