ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
MAY 6, 2004
SPRINGFIELD OFFICE
1021 N. Grand Avenue East
Conference Room 1244 N, First 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, by her designee Connie Newman, called the roll. All Board Members
answered present.
APPROVAL OF MINUTES
Minutes of the April 15, 2004 meeting were approved by a vote of 4-0. Member Girard
abstained.
RULEMAKINGS
R03-19
In the Matter of: Proposed Amendments to: Public Participation
Rules in 35 Ill. Adm. Code Part 309 NPDES Permits and
Permitting Procedures – The Board adopted a final opinion and
order in this rulemaking amending the permit provisions of the
Board’s water pollution control regulations.
5-0
R, Water
R04-11
In the Matter of: Proposed Site Specific Rulemaking Ameren
Energy Generating Company Amending 35 Ill. Adm. Code 901 –
The Board granted petitioner’s motion for leave to file a response
and its motion to supplement the record and the Office of the
Attorney General’s (AGO) motion for leave to file a reply, and
accepts its reply. The Board granted the AGO’s motion for leave to
file a reply, and accepts its reply. The Board denied the AGO’s
motions to deny the motion for leave to file, to deny the motion to
supplement the record, and to strike the response and the
documents intended to supplement the record. The Board gave the
AGO leave to file a response or otherwise provide additional
information.
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) –
No action taken.
R, Land
R04-25
In the Matter of: Proposed Amendments to Dissolved Oxygen
Standard 35 Ill. Adm. Code 302.206 – The Board accepted for
hearing the April 19, 2004 proposal of the Illinois Association of
Wastewater Agencies to amend the Board’s water pollution control
regulations. The Board also granted petitioner’s motion to waive
the 200 signature requirement.
5-0
R, Water
ADJUSTED STANDARDS
AS 01-10
In the Matter of: Prairie-Materials Sales, Inc. Petition for an
Adjusted Standard from 35 Ill. Adm. Code Parts 811 and 814 – No
action taken.
Land
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) –
Pending receipt of the certificate of publication, the Board held this
Hancock County facility’s petition for an adjusted standard from
the Board’s solid waste pollution control regulations. The Board
also held the motion for expedited decision.
Land
2
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) –
Pending receipt of the certificate of publication, the Board held this
Hancock County facility’s petition for an adjusted standard from
the Board’s groundwater quality regulations.
Water
ADMINISTRATIVE CITATIONS
AC 03-27
IEPA v. Vince Harvey – The Board entered an order requiring
respondent to pay
the Board hearing costs in the amount of $343.74
and a civil penalty of $3,000. This order follows the Board's
interim order of April 1, 2004, which found that this respondent had
violated Sections 21(p)(1) and (p)(7) of the Environmental
Protection Act (415 ILCS 5/21(p)(1), (p)(7) (2002)) at his Henry
County facility.
5-0
AC 04-16
IEPA v. James Farley – In response to a joint stipulation and
settlement agreement in this administrative citation action involving
a Sangamon County facility, the Board found respondent violated
Section 21(p)(1) of the Environmental Protection Act (Act) (415
ILCS 5/21(p)(1) (2002)) and ordered respondent to pay a civil
penalty of $1,500. The Board also granted the parties’ joint motion
to dismiss respondent’s petition for review.
5-0
AC 04-25
IEPA v. Colorado Real Estate & Investment Company (Kingspark
Mobile Estates) – In response to a joint stipulation and settlement
agreement in this administrative citation action involving a Peoria
County facility, the Board found respondents violated Sections
21(p)(1) and (p)(3) of the Environmental Protection Act (415 ILCS
5/21(p)(1), (p)(3) (2002)) and ordered respondents to pay a civil
penalty of $4,500. The Board also granted the parties’ joint motion
to dismiss respondent’s petition for review.
5-0
3
AC 04-43
County of Jackson v. Frank Stonemark – The Board accepted for
hearing this petition for review of an administrative citation against
this Jackson County respondent.
5-0
AC 04-52
IEPA v. Glen Cooper, Betty Cooper and Ronald Gernay d/b/a
Ron’s Sandblasting, Painting and Power Washing – The Board
dismissed respondents Glenn Cooper and Ronald Gernay March 25,
2004 petition for review as deficient. The Board found that these
Cass 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 04-54
IEPA v. U.S. Scrap Metal – The Board found that this Macon
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 04-55
IEPA v. Josiah W. Collins II and Lori Hilton – The Board found
that these McDonough County respondents violated Section
21(p)(1), (p)(3), and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3),
(p)(7) (2002)), and ordered respondents to pay a civil penalty of
$4,500
.
5-0
AC 04-56
County of Vermilion v. Jerry Hathaway and Darrell Cripe – The
Board found that these Vermilion 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 04-57
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 04-65
IEPA v. Knox County Landfill Committee and Greg Ingles – The
Board accepted an administrative citation against these
Knox County respondents.
4
AC 04-66
IEPA v. Curry Ice & Coal of Springfield, Inc., and Curry Ready
Mix & Builder’s Supply, Inc. – The Board accepted an
administrative citation against these Sangamon County
respondents.
AC 04-67
City of Chicago Department of Environment v. Kenneth Harris –
The Board accepted an administrative citation against this
Cook County respondent.
AC 04-68
City of Chicago Department of Environment v. Kenneth Harris –
The Board accepted an administrative citation against this
Cook County respondent.
AC 04-69
City of Chicago Department of Environment v. Kenneth Harris –
The Board accepted an administrative citation against this
Cook County respondent.
AC 04-70
City of Chicago Department of Environment v. K. Harris Trucking
& Excavating Company – The Board accepted an administrative
citation against this Cook County respondent.
AC 04-71
City of Chicago Department of Environment v. K. Harris Trucking
& Excavating Company – The Board accepted an administrative
citation against this Cook County respondent.
AC 04-72
City of Chicago Department of Environment v. K. Harris Trucking
& Excavating Company – The Board accepted an administrative
citation against this Cook County respondent.
AC 04-73
City of Chicago Department of Environment v. Zepeda
Construction Services, Inc. – The Board accepted an administrative
citation against this Cook County respondent.
AC 04-74
City of Chicago Department of Environment v. Samuel Zepeda, Sr.
– The Board accepted an administrative citation against this
Cook County respondent.
5
ADJUDICATORY CASES
Decisions
PCB 97-69
People of the State of Illinois v. Economy Plating, Inc. – The Board
entered a final order, ordering respondent to pay civil penalties in
the amount of $5,000. This order incorporates by reference the
August 21, 2003 order which granted complainant summary
judgment on all five counts of the second amended complaint. The
Board found that respondents violated Sections 9(a), (b), and
9.1(d)(1) of the Environmental Protection Act and Sections
201.142, 201.143, 201.302, 201.144, 254.102(c), and 254.402 of
the Board’s air pollution regulations at a site located in Cook
County. 415 ILCS 5/9(a), (b), and 9.1(d)(1) (2002); 35 Ill. Adm.
Code 201.142, 201.143, 201.302, 201.144, 254.102(c), and
254.402.
5-0
A-E
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 – The Board found that
respondents violated the following provisions of the Environmental
Protection Act (Act) and the Board’s regulations: Sections 12(a)
and (d) (415 ILCS 5/12(a), (d) (2002)); Sections 21(a), (d)(1),
(d)(2), (e), (p)(1), and (p)(6) of the Act (415 ILCS 5/21(a), (d)(1),
(d)(2), (e), (p)(1), (p)(6) (2002)); 35 Ill. Adm. Code 302.203,
722.111, 739.122(c), (d), 808.121, 812.101(a) at four sites located
in Washington County. The Board ordered the respondents to pay a
total civil penalty of $303,500 and to reimburse
the Office of the
Attorney General $6,600 for attorney fees.
4-1
Johnson
dissented
L,W-E
PCB 04-117
Saline County Landfill, Inc. v. IEPA and Saline County – The
Board reversed the December 5, 2003 denial of permit. The Board
remanded the case to the Illinois Environmental Protection Agency
t to issue the requested permit.
5-0
P-A, Land
6
PCB 04-161
People of the State of Illinois v. Conocophillips Company – In this
air enforcement action concerning a Madison 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 $35,386 and to
cease and desist from further violations.
5-0
A-E
Motions and Other Matters
PCB 99-187
Gina Pattermann v. Boughton Trucking and Materials, Inc. – The
Board granted respondent’s motion for summary judgment with
respect to the alleged numerical noise violations, Sections
901.102(a), (b) and 901.104 of the Board’s regulations. 35 Ill.
Adm. Code 901.102(a), (b), 901.104. The Board denied
respondent’s motion for summary judgment with respect to the
nuisance noise and air violations, Sections 9(a) and 24 of the Act
and Sections 201.141 and 900.102 (415 ILCS 5/9(a) (2002), 24 and
35 Ill. Adm. Code 201.141, 900.102) of the Board’s regulations.
The Board directed the parties to proceed to hearing on those issues
and the issue of remedy.
5-0
A&N-E
PCB 00-104
People of the State of Illinois v. The Highlands, L.L.C. and Murphy
Farms, Inc. a division of Murphy Brown, L.L.C., and Smithfield
Foods, Inc. – The Board granted complainant’s motion for leave to
amend the complaint and accepted the second amended complaint
for hearing.
5-0
A&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
7
PCB 01-104
People of the State of Illinois v. City of Waukegan – Upon receipt
of a proposed stipulation and settlement agreement and an agreed
motion to request relief from the hearing requirement in this water
enforcement action involving a Lake County facility, the Board
ordered publication of the required newspaper notice.
5-0
W-E
PCB 03-51
People of the State of Illinois v. Draw Drape Cleaners, Inc.,
American Drapery Cleaners, and Flameproofers, Inc. – No action
taken.
A-E
PCB 03-106
Village of South Elgin v. Waste Management of Illinois, Inc. – No
action taken.
L-E
PCB 03-188
Prime Time Citgo, Inc. and Alphonsus Olieh – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Kane County facility.
5-0
UST
Appeal
PCB 03-214
Illinois Ayers Oil Company 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 04-48
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. –
The Board denied complainant’s motions for summary judgment.
No action was taken on respondent Thorell’s motion to dismiss.
5-0
PWS-E
8
PCB 04-103
PCB 04-119
Illinois State Toll Highway Authority (Des Plaines South) v. IEPA;
Illinois State Toll Highway Authority (Des Plaines South) v. IEPA
– The Board granted petitioner’s motion to consolidate PCB 04-103
and PCB 04-119.
5-0
UST
Appeal
PCB 04-116
Oasis Industries, Inc. v. IEPA – The Board granted petitioner’s
motion to stay effectiveness of the CAAPP Permit pending decision
of this appeal.
5-0
P-A, Air
PCB 04-120
Didier Greenhouses, Inc. 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 Winnebago County facility.
5-0
UST
Appeal
PCB 04-128
WEWS, L.P. (The Boye Needle Facility) v. IEPA – The Board
accepted for hearing this underground storage tank appeal
involving a Cook County facility.
5-0
UST
Appeal
PCB 04-129
Brock 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
McLean County facility.
5-0
UST
Appeal
PCB 04-130
Drake Tower Apartments, Inc. 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 04-165
People of the State of Illinois v. Medical Waste Management, Inc. –
The Board granted complainant’s motion for voluntary dismissal of
this enforcement action.
5-0
L-E
PCB 02-205
PCB 02-206
PCB 04-172
Home Oil Company v. IEPA – The Board dismissed this petition
for review as untimely filed. The motion to consolidate was denied
as moot.
5-0
UST
Appeal
9
PCB 04-180
Larry Weineke 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 Massac County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-181
Keller Oil Company/Edgewood v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving an
Effingham County facility.
5-0
UST
Appeal
PCB 04-182
Strohm 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 Crawford County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-183
Johnson 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 Vermilion County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-184
Pete’s Marathon 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 Marion County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-185
Midwest Generation EMF, L.L.C. v. IEPA – The Board accepted
for hearing this trade secret appeal.
5-0
T-S,
Appeal
PCB 04-186
Waste Management of Illinois, Inc. v. County Board of Kankakee
County, Illinois – No action taken.
P-C-F-S-R
10
PCB 04-187
Sutter Sanitation, Inc. and LaVonne Haker v. IEPA – The Board
accepted for hearing this permit appeal involving an Effingham
County facility.
5-0
P-A, Land
PCB 04-188
Paul Phelan 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 Macoupin County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-189
Wabash Valley Service 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 Lawrence County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-190
Johnson 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 Champaign County facility.
5-0
UST
Appeal
90-Day
Ext.
CASES PENDING DECISION
R04-13
In the Matter of: SDWA Update, USEPA Amendments (July 1,
2003 through December 31, 2003) – Proposed Rule, Proposal for
Public Comment, Opinion and Order
R, PWS
AC 03-13
IEPA v. Dan Cadwallader – Opinion and Order
PCB 03-185
Swif-T-Food Mart (IEPA Letters dated March 3, 2003 and
December 1, 1995 to November 20, 2001) v. IEPA – (due 5/20)
UST
Appeal
11
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Novak adjourned the meeting to an
executive session at 11:47 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on May 20, 2004, by a vote of 5-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
12
