ILLINOIS POLLUTION CONTROL BOARD
DRAFT MEETING MINUTES
APRIL 15, 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 except for Board
Member Moore who was absent.
APPROVAL OF MINUTES
Minutes of the April 1, 2004 meeting were approved by a vote of 4-0.
RULEMAKINGS
R04-18
In the Matter of: Wastewater Pretreatment 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 wastewater
pretreatment regulations.
4-0
R, Water
ADJUSTED STANDARDS
AS 00-13
In the Mater of: Petition of: Petition of Formel Industries, Inc. for
an Adjusted Standard from 35 Ill. Adm. Code 218.401(a),(b), and
(c) (“the Flexographic Printing Rule”) – The parties’ jointly moved
to withdraw the adjusted standard from 35 Ill. Adm. Code Section
218. 401 (a), (b), and (c) for three presses at Formel’s facility in
Franklin Park, Cook County. Consistent with condition 10 of the
Board’s January 18, 2001 order granting the adjusted standard and
at the parties’ request, the Board terminated the adjusted standard
as unnecessary effective April 15, 2004.
4-0
Air
ADMINISTRATIVE CITATIONS
AC 04-43
County of Jackson v. Frank Stonemark – No action taken.
AC 04-49
IEPA v. Bill Marshall – The Board found that this Marshall County
respondent violated Section 21(p)(1), (p)(3), (p)(4), and (p)(7) of
the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(4), (p)(7) (2002)), and
ordered respondent to pay a civil penalty of $6,000
.
4-0
AC 04-50
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 04-51
IEPA v. Michael Moreton – The Board found the petition for
review deficient in this administrative citation involving a Coles
County facility, and ordered petitioner to file an amended petition
to cure deficiencies no later than May 14, 2004, or the petition
would be subject to dismissal.
4-0
AC 04-52
IEPA v. Glen Cooper, Betty Cooper and Ronald Gernay d/b/a
Ron’s Sandblasting, Painting and Power Washing – No action
taken.
2
AC 04-53
IEPA v. Roy Bell – The Board found that this Jersey 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 04-58
IEPA v. Terry Wilkerson – The Board accepted an administrative
citation against this Woodford County respondent.
AC 04-59
IEPA v. Tim Walker – The Board accepted an administrative
citation against this Macon County respondent.
AC 04-60
IEPA v. Sharyn Fuller and Carl Benedict d/b/a Benedict Auto Sales
– The Board accepted an administrative citation against these
Peoria County respondents.
AC 04-61
IEPA v. Florence Propheter and Propheter Construction Company –
The Board accepted an administrative citation against these
Whiteside County respondents.
AC 04-62
IEPA v. Onyx Environmental Services – The Board accepted an
administrative citation against this Livingston County respondent.
AC 04-63
County of Jackson v. Egon Kamarasy – The Board accepted an
administrative citation against this Jackson County respondent.
AC 04-64
County of Jackson v. Egon Kamarasy – The Board accepted an
administrative citation against this Jackson County respondent.
3
ADJUDICATORY CASES
Decisions
PCB 03-218
Rochelle Waste Disposal, L.L.C. v. City Council of The City of
Rochelle, Illinois – The Board affirmed the City of Rochelle’s April
24, 2003 decision to deny Rochelle Waste Disposal, L.L.C.’s
request for local siting approval for a proposed lateral and vertical
expansion of the Rochelle Municipal Landfill No. 2 at 6513 South
Mulford Road, Rochelle, Ogle County. The Board found the
procedures were fundamentally fair and that the City’s decision on
criterion (i) was against the manifest weight of the evidence, but
that the decisions on criteria (ii), (iii) and (vi) were not.
4-0
P-C-F-S-R
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 – 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 $30,000
and to cease and desist from further violations.
4-0
A-E
PCB 04-4
People of the State of Illinois v. Best-Way Construction &
Remediation, Inc. and Clinton 6, L.L.C. – 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
respondents to pay a total civil penalty of $11,000 and to cease and
desist from further violations.
4-0
A-E
Motions and Other Matters
PCB 99-187
Gina Pattermann v. Boughton Trucking and Materials, Inc. – No
action taken.
A&N-E
4
PCB 00-142
People of the State of Illinois v. Keystone Consolidated Industries,
Inc. d/b/a Keystone Steel & Wire Company – The Board granted
the parties’motion for voluntary dismissal of this Resource
Conservation and Recovery Act enforcement action involving a
Peoria County facility.
4-0
RCRA-E
PCB 00-163
David and Jacquelyn McDonough v. Gary Robke – The Board
granted respondent’s motion to extend the stay of paragraph three
of the Board’s February 6, 2003 order until September 1, 2004.
4-0
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.
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 04-114
Archer Daniel Midland Company (Peoria Dry Corn Mill and
Ethanol Plant Title V Permit) v. IEPA – Having previously granted
a request for a 90-day extension, the Board dismissed this matter
because no permit appeal was filed on behalf of this Peoria County
facility.
4-0
P-A, Air
5
PCB 04-116
Oasis Industries, Inc. v. IEPA – The Board accepted for hearing the
petition for review and granted petitioner’s motion to file reduced
number of copies in this permit appeal involving a Kane County
facility. No action was taken on petitioner’s motion to stay
effectiveness of CAAPP Permit.
4-0
P-A, Air
PCB 04-118
AJ Oil 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 Peoria
County facility.
4-0
UST
Appeal
PCB 04-119
Illinois State Toll Highway Authority (Des Plaines Oasis South) v.
IEPA – The Board accepted for hearing this underground storage
tank appeal involving a Cook County facility.
4-0
UST
Appeal
PCB 02-205
PCB 02-206
PCB 04-172
Home Oil Company v. IEPA – No action taken.
UST
Appeal
PCB 04-174
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.
4-0
UST
Appeal
90-Day
Ext.
PCB 04-175
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.
4-0
UST
Appeal
90-Day
Ext.
PCB 04-176
Three Square Feeds v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Morgan County
facility.
4-0
UST
Appeal
6
PCB 04-177
Illinois State Toll Highway Authority (Des Plaines Oasis North) v.
IEPA The Board accepted for hearing this underground storage
tank appeal involving a Cook County facility.
4-0
UST
Appeal
PCB 04-178
People of the State of Illinois v. H.B.M. Electrochemical Company
and Ned Mandich individually and as president of H.B.M.
Electrochemical Company – The Board accepted for hearing this
land enforcement action involving a site located in Cook County.
4-0
A-E
PCB 04-179
Southern Farms Country Eggs, 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 Clinton County facility.
4-0
UST
Appeal
90-Day
Ext.
CASES PENDING DECISION
R03-19
In the Matter of: Proposed Amendments to: Public Participation
Rules in 35 Ill. Adm. Code Part 309 NPDES Permits and
Permitting Procedures – Adopted Rule, Final Order, Opinion and
Order
R, Water
R04-11
In the Matter of: Proposed Site Specific Rulemaking Ameren
Energy Generating Company Amending 35 Ill. Adm. Code 901 –
Proposed Rule, Second Notice, Opinion and Order
R, Noise
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 04-117
Saline County Landfill, Inc. v. IEPA and Saline County – (due 5/6)
P-A, Land
7
OTHER ITEMS
The Board adopted the Chairman’s Motion under the exception of
Section 120/2(c)(4) of the Open Meetings Act to schedule a Closed
Deliberative Session for Thursday, April 29, 2004, 10:00 a.m.
4-0
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Chairman Novak adjourned the meeting to an
executive session 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 May 6, 2004, by a vote of.
__________________________
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
8
