ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
May 20, 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. The Chairman thanked the Members for accommodating his need to conduct the
meeting via teleconference from the Springfield office.
ROLL CALL
The Clerk of the Board called the roll.
All Board Members answered present.
APPROVAL OF MINUTES
Minutes of the May 6, 2004 meeting were approved by a vote of 5-0.
RULEMAKINGS
R04-13
In the Matter of: SDWA 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 public water supply regulations.
5-0
R, PWS
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
R04-26
In the Matter of: Proposed 35 Ill. Adm. Code 304.123(g),
304.123(h), 304.123(i), 304.123j), and 304.123(k) – No action
taken.
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) – The
Board ordered petitioner file an amended petition to cure
deficiencies found in the original petition.
5-0
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) –
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 03-13
IEPA v. Dan Cadwallader – The Board entered an interim opinion
and order finding respondent violated Section 21(p)(1) and of the
Environmental Protection Act (415 ILCS 5/21(p)(1) (2002)) and
assessing a penalty of $1,500. The Board ordered the Clerk of the
Board and the Environmental Protection Agency to file by June 10,
2004 a statement of hearing costs, supported by affidavit, with
service on respondent.
5-0
2
AC 04-4
IEPA v. Edward Sapp – No action taken.
AC 04-51
IEPA v. Michael Moreton – No action taken.
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 04-59
IEPA v. Tim Walker – The Board accepted for hearing this petition
for review of an administrative citation against this Macon County
respondent.
5-0
AC 04-60
IEPA v. Sharyn Fuller and Carl Benedict d/b/a Benedict Auto Sales
– The Board found the petition for review deficient in this
administrative citation involving a Peoria County facility, and
ordered petitioner to file an amended petition to cure deficiencies
no later than June 21, 2004, or the petition would be subject to
dismissal. Complainant was directed to file the appropriate proof of
service for respondent Fuller on or before June 4, 2004. If proof of
service is not filed, the administrative citation against Fuller would
be subject to dismissal.
5-0
AC 04-61
IEPA v. Florence Propheter and Propheter Construction Company –
The Board accepted an administrative citation against these
Whiteside County respondents.
5-0
AC 04-62
IEPA v. Onyx Environmental Services – The Board found that this
respondent violated Section 21(p)(1) of the Environmental
Protection Act (415 ILCS 5/21(p)(1) (2002)) in the operation of a
vehicle driving between mile markers 201 and 212 along Interstate
55 in Livingston County, and ordered respondent to pay a civil
penalty of $1,500
.
5-0
AC 04-63
County of Jackson v. Egon Kamarasy – The Board accepted for
hearing this petition for review of an administrative citation against
this Jackson County respondent.
5-0
3
AC 04-64
County of Jackson v. Egon Kamarasy – The Board found the
petition for review deficient in this administrative citation involving
a Jackson County facility, and ordered petitioner to file an amended
petition to cure deficiencies no later than June 21, 2004, or the
petition would be subject to dismissal.
5-0
AC 04-75
IEPA v. Charles L. Parker – The Board accepted an administrative
citation against this Logan County respondent.
AC 04-76
IEPA v. Landfill, L.L.C., West End Disposal Facility, and Danny
Bowman – The Board accepted an administrative citation against
these Saline County respondents.
AC 04-77
IEPA v. Frank Bencie – The Board accepted an administrative
citation against this Franklin County respondent.
AC 04-78
IEPA v. Daniel Pauley – The Board accepted an administrative
citation against this St. Clair County respondent.
ADJUDICATORY CASES
Decisions
PCB 03-185
Swif-T-Food Mart (IEPA Letters dated March 3, 2003 and
December 1, 1995 to November 20, 2001) v. IEPA – The Board
reversed the March 3, 2003 approval of reimbursement of requested
costs of corrective action, with modifications. The Board remanded
the case to the Illinois Environmental Protection Agency to issue
the requested reimbursement.
5-0
UST
Appeal
4
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 motions to change caption, to file
a reduced number of lengthy attachments, and to replace page 4 of
the stipulation with an errata sheet filed May 7, 2004. The Board
ordered publication of the required newspaper notice of a proposed
stipulation and settlement agreement and an agreed motion to
request relief from the hearing requirement in this land and water
enforcement action involving a Will County facility.
5-0
L&W-E
PCB 02-78
Ecolab, Inc. v. Occidental Chemical Corporation f/d/b/a Occidental
Electrochemicals Corporation – The Board granted the parties’
agreed motion for voluntary dismissal of this citizen underground
storage tank enforcement action involving a Cook County facility.
5-0
L-E
PCB 03-51
People of the State of Illinois v. Draw Drape Cleaners, Inc.,
American Drapery Cleaners, and Flameproofers, Inc. – The Board
granted complainant’s second motion to strike the affirmative
defenses, and accepted the amended complaint for hearing.
5-0
A-E
5
PCB 03-58
Pechiney Plastic Packaging, Inc. v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this Clean Air Act
Permit Program (CAAPP) permit appeal involving a Kane County
facility.
5-0
P-A, Air
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.
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. – The Board
granted complainant’s motion to strike the second, twelfth,
thirteenth and fourteenth affirmative defenses and denied the
motion to strike the fourth, fifth, sixth, and eleventh affirmative
defenses.
5-0
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. –
No action taken.
PWS-E
PCB 04-117
Saline County Landfill, Inc. v. IEPA and Saline County – No action
taken.
P-A, Land
PCB 04-141
Illinois State Toll Highway Authority (Lincoln South HPCAP/B) v.
IEPA – The Board accepted for hearing this underground storage
tank appeal involving a Cook County facility.
5-0
UST
Appeal
6
PCB 04-186
Waste Management of Illinois, Inc. v. County Board of Kankakee
County, Illinois – The Board accepted for hearing this pollution
control facility sitting appeal involving a Kane County facility.
5-0
P-C-F-S-R
PCB 04-191
Clark Oil Station #848 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 04-192
People of the State of Illinois v. Smithfield Properties, L.L.C.,
Wooton Construction, Ltd., and Chicago Sun-Times, Inc. – The
Board accepted for hearing this land and water enforcement action
involving a site located in Cook County.
5-0
L&W-E
PCB 04-193
People of the State of Illinois v. Fellowes Manufacturing Company
a/k/a Fellowes, Inc. – The Board accepted for hearing this air
enforcement action involving a site located in Dupage County.
5-0
A-E
PCB 04-194
People of the State of Illinois v. Dur-O-Wal, Inc. – The Board
accepted for hearing this water enforcement action involving a site
located in Kane County.
5-0
W-E
PCB 04-195
Casey’s General Stores 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 Henry County facility.
5-0
UST
Appeal
90-Day
Ext.
7
PCB 04-196
Robert Mezo 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 Franklin County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-197
Brock 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 McLean County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-198
Glen’s 66 v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Montgomery County
facility.
5-0
UST
Appeal
PCB 04-199
Hicks Bulk Distribution 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 Jackson County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 04-200
Clark Oil Station #271 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 Madison County facility.
5-0
UST
Appeal
90-Day
Ext.
8
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
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Novak adjourned 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 June 3, 2004, by a vote of 5-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
9
