The following is the Illinois Pollution Control Board's tentative agenda for its April 4, 1996 Board meeting. The actual Agenda will be available at 10:30 a.m. Tuesday, April 2, 1996 and will list all motions and case filings received before Monday, Apri

In the Matter of: Petition by Hayden Wrecking Corporation f

ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

June 3, 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.

APPROVAL OF MINUTES

Minutes of the May 20, 2004 meeting were approved by a vote of 5-0.

RULEMAKINGS

R04-11

In the Matter of: Proposed Site-Specific Rulemaking Ameren

Energy Generating Company Amending 35 Ill. Adm. Code 901 –

The Board adopted a second notice opinion and order to grant the

requested site specific amendments to the Board’s noise pollution

control regulations. The Board also granted the Howard Chinn's

motion to file comments.

5-0

R, Noise

R04-22

R04-23

In the Matter of: Proposed Amendments to Regulation of

Petroleum Leaking Underground Storage Tanks (35 Ill. Adm. Code

732); In the Matter of Proposed Amendments to Regulation of

Petroleum Underground Storage Tanks (35 Ill. Adm. Code 734) –

The Board denied the Agency’s motions for adoption of emergency

rules, finding there was no emergency within the meaning of the

Administrative Practice Act. Hearings in this docket will continue

as scheduled beginning June 21, 2004.

5-0

R, Land

R04-26

In the Matter of: Interim Phosphorus Effluent Standard, Proposed

35 Ill. Adm. Code 304.123(g-k) – The Board accepted for hearing

the Illinois Environmental Protection Agency’s May 14, 2004

proposal to amend the Board’s water pollution control regulations.

5-0

R, Water

ADJUSTED STANDARDS

AS 04-2

In the Matter of: Petition of Jo’Lyn Corporation and Falcon Waste

and Recycling for an Adjusted Standard from 35 Ill. Adm. Code

Part 807 or in the Alternative A Finding of Inapplicability) – No

action taken.

Land

AS 04-3

In the Matter of: Petition by Hayden Wrecking Corporation for an

Adjusted Standard from 35 Ill. Adm. Code Section 620.410(a) –

The Board ordered petitioner file an amended petition to cure

deficiencies found in the original petition.

5-0

Water

ADMINISTRATIVE CITATIONS

AC 04-4

IEPA v. Edward Sapp – In response to a joint stipulation and

settlement agreement in this administrative citation action involving

a Logan County facility, the Board found respondent violated

Section 21(p)(1) and (3) of the Environmental Protection Act (415

ILCS 5/21(p)(1) and (3) (2002)) and ordered respondent to pay a

civil penalty of $3,000. The Board also granted the parties’ joint

motion to dismiss respondent’s petition for review.

5-0

AC 04-51

IEPA v. Michael Moreton – The Board accepted for hearing

respondent's amended petition for review.

5-0

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 –

No action taken.

AC 04-58

IEPA v. Terry Wilkerson – The Board found that this Woodford

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

5-0

AC 04-60

IEPA v. Sharyn Fuller and Carl Benedict d/b/a Benedict Auto Sales

– No action taken.

AC 04-65

IEPA v. Knox County Landfill Committee and Greg Ingles – The

Board found that these Knox County respondents violated Section

21(o)(5) and (o)(12) of the Act (415 ILCS 5/21(o)(5), (o)(12)

(2002)), and ordered respondents to pay a civil penalty of $1,000

5-0

AC 04-66

IEPA v. Curry Ice & Coal of Springfield, Inc. and Curry Ready-

Mix & Builder’s Supply, Inc. – 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

5-0

AC 04-67

City of Chicago Department of Environment v. Kenneth Harris

(329 N. Pulaski Road) – The Board found that this Cook 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

5-0

AC 04-68

City of Chicago Department of Environment v. Kenneth Harris

4802 W. Chicago Avenue) – The Board found that this Cook

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

5-0

AC 04-69

City of Chicago Department of Environment v. Kenneth Harris

(4801 W. Washington Avenue) – The Board found that this Cook

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

5-0

AC 04-70

City of Chicago Department of Environment v. K. Harris Trucking

& Excavating Company (329 N. Pulaski Road) – The Board found

that this Cook 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

5-0

AC 04-71

City of Chicago Department of Environment v. K. Harris Trucking

& Excavating Company (4802 W. Chicago Avenue) – The Board

found that this Cook 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

5-0

AC 04-72

City of Chicago Department of Environment v. K. Harris Trucking

& Excavating Company (4801 W. Washington Avenue) – The

Board found that this Cook 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

5-0

AC 04-73

City of Chicago Department of Environment v. Zepeda

Construction Services, Inc. – The Board found that this Cook

County respondent violated Section 21(p)(1), (p)(4), (p)(5), and

(p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(4), (p)(5), and (p)(7)

(2002)), and ordered respondent to pay a civil penalty of $6,000

5-0

AC 04-74

City of Chicago Department of Environment v. Samuel Zepeda, Sr.

– The Board found that this Cook County respondent violated

Section 21(p)(1), (p)(4), (p)(5), and (p)(7) of the Act (415 ILCS

5/21(p)(1), (p)(4), (p)(5), and (p)(7) (2002)), and ordered

respondent to pay a civil penalty of $6,000

5-0

AC 04-79

City of Chicago Department of Environment v. National Material

Limited Partnership – The Board accepted an administrative

citation against this Cook County respondent.

AC 04-80

IEPA v. Joseph Luparell and Troy Curley – The Board accepted an

administrative citation against these Sangamon County

respondents.

AC 04-81

IEPA v. Ralph and Lois Williams – The Board accepted an

administrative citation against these Knox County respondents.

ADJUDICATORY CASES

Motions and Other Matters

PCB 96-98

People of the State of Illinois v. Skokie Valley Asphalt, Company,

Inc., Edwin L. Frederick, Jr. individually and as owner and

President of Skokie Valley Asphalt Company, Inc., and Richard J.

Frederick individually and as owner and Vice-President of Skokie

Valley Asphalt Company, Inc. – No action taken.

W-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 02-3

People of the State of Illinois v. Chevron Environmental Services

Company (as successor to Texaco Refining & Marketing, Inc.) –

The Board granted complainant’s motion for leave to supplement

the stipulation and proposal for settlement.

5-0

L&W-E

PCB 03-106

Village of South Elgin v. Waste Management of Illinois, Inc. – No

action taken.

L-E

PCB 03-214

Illinois Ayers Oil Company v. IEPA – No action taken.

Girard

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 04-48

Village of Robbins and Allied Waste Transportation, Inc. v. IEPA –

No action taken.

P-A, Land

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 04-98

People of the State of Illinois v. Aura II, Inc. – Upon receipt of two

separate proposed stipulation and settlement agreements and an

agreed motion to request relief from the hearing requirement in this

air, land, and water enforcement action involving a Lake County

facility, the Board ordered publication of the required newspaper

notice.

5-0

A,L,W-E

PCB 04-100

People of the State of Illinois v. Marc Realty, Inc., 11 East Adams,

L.L.C., and Roberts Environmental Control, 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 04-117

Saline County Landfill, Inc. v. IEPA and Saline County – The

Board denied the County of Saline’s motion for stay of the Board’s

May 6, 2004 opinion and order during the pendancy of appeal.

5-0

P-A, Land

PCB 04-144

Bryant Automotive 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

McHenry County facility.

5-0

UST

Appeal

PCB 04-185

Midwest Generation EME, Inc. v. IEPA – No action taken.

T-S

Appeal

PCB 04-187

Sutter Sanitation, Inc. and Lavonne Haker v. IEPA – No action

taken.

P-A, Land

PCB 04-201

People of the State of Illinois v. Southern Illinois Power

Cooperative – The Board accepted for hearing this air enforcement

action involving a site located in Williamson County.

5-0

A-E

PCB 04-202

Auburn Realty 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 Christian County facility.

PCB 04-203

2F, 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 Williamson County facility.

PCB 04-204

Daniel J. Beers v. Dave Calhone (Let It Shine Car Wash) – The

Board held for a later duplicative/frivolous determination this

citizen’s noise enforcement action involving a Tazewell County

PCB 04-205

People of the State of Illinois v. All States Painting, Inc. – The

Board accepted for hearing this air and water enforcement action

involving a site located in Morgan County.

5-0

A&W-E

PCB 04-206

People of the State of Illinois v. Medical Waste Solutions, Inc. –

Upon receipt of a proposed stipulation and settlement agreement

and an agreed motion to request relief from the hearing requirement

in this special waste hauling enforcement action involving a Lake

County facility, the Board ordered publication of the required

newspaper notice.

5-0

SWH-E

PCB 04-207

People of the State of Illinois v. Edward Pruim, an individual and

Robert Pruim, an individual – The Board accepted for hearing this

land enforcement action involving the Morris Community Landfill

located in Grundy County.

5-0

L-E

PCB 04-208

Yesley Service 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 Randolph County facility.

PCB 04-209

Dimucci Development Corporation 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.

PCB 04-210

Aylsworth 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 White County facility.

PCB 04-211

People of the State of Illinois v. Clinton Landfill, Inc. – Upon

receipt of a proposed stipulation and settlement agreement and an

agreed motion to request relief from the hearing requirement in this

land enforcement action involving a Lake County facility, the

Board ordered publication of the required newspaper notice.

5-0

L-E

PCB 04-212

Grass Man Lawn Care (Property Identification Number 07-13-400-

004-006) v. IEPA – Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and

certified that specified equipment of Grass Man Lawn Care located

in Monroe County are pollution control facilities for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2002)).

5-0

T-C

CASES PENDING DECISION

R04-5

R04-15

Cons.

In the Matter of: RCRA Subtitle D (Municipal Solid Waste

Landfill) Update, USEPA Regulations (January 1, 2003 through

June 30, 2003); In the Matter of: RCRA Subtitle D (Municipal

Solid Waste Landfill) Update, USEPA Regulations (July 1, 2003

through December 31, 2003) – Adopted Rule, Final Order, Opinion

and Order

R, Land

R04-16

In the Matter of: RCRA Subtitle C (Hazardous Waste) Update,

USEPA Amendments (July 1, 2003 through December 31, 2003) –

Adopted Rule, Final Order, Opinion and Order

R, Land

ADJOURNMENT

Moved and seconded, by a vote of 5-0, Chairman Novak adjourned at 11:49 a.m.

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

approved the above minutes on June 17, 2004, by a vote of 5-0.