ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
July 22, 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 June 17, 2004 meeting were approved by a vote of 5-0.
RULEMAKINGS
R04-11
In the Matter of: Regulation Applicable to Ameren Energy
Generating Company, Elgin, Amending 35 Ill. Adm. Code Part 901
– The Board adopted a adopted a final opinion and order granting
the requested site specific amendments to the Board’s noise
pollution control regulations for this Cook County peaker plant.
5-0
R, Noise
ADJUSTED STANDARDS
AS 01-10
In the Matter of: Petition of Prairie Material Sales, Inc. for an
Adjusted Standard from 35 Ill. Adm. Code Parts 811, 814 – The
Board granted petitioner’s motion for voluntary dismissal of this
petition for an adjusted standard involving a Lee County facility.
5-0
Land
AS 04-1
In the Matter of: Petition of Crownline Boats, Inc. for an Adjusted
Standard from 35 Ill. Adm. Code 215.301 – The Board granted this
Franklin County petitioner an adjusted standard, with conditions,
from volatile organic material emission requirements.
5-0
Air
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 04-4
In the Matter of: Petition of Johns Manville for an Adjusted
Standard from 35 Ill. Adm. Code Part 814, Sections 811.310,
811.311, 811.318 – No action taken.
Land
ADMINISTRATIVE CITATIONS
AC 03-32
IEPA v. Carl Benedict d/b/a Benedict Auto Sales – In response to a
joint stipulation and settlement agreement in this administrative
citation action involving a Peoria County facility, the Board found
respondents 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 04-18
IEPA v. Luther Coleman – No action taken.
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 –
No action taken.
AC 04-81
IEPA v. Ralph Williams and Lois Williams – The Board found that
these Knox County respondents violated Section 21(p)(1), (p)(3),
and (p)(5) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(5) (2002)),
and ordered respondents to pay a civil penalty of $4,500
.
5-0
AC 04-82
IEPA v. John Brown d/b/a John Brown Painting – The Board
accepted for hearing this petition for review of an administrative
citation against this Massac County respondent.
5-0
AC 04-84
IEPA v. City of Salem, Roger Kinney, Dick Brown and Jason
Bruce – The Board accepted for hearing this petition for review of
an administrative citation against these Marion County respondents.
5-0
AC 04-85
IEPA v. Michael Lee Schenck – The Board found that this Knox
County respondent violated Section 21(o)(11) and (o)(13) of the
Act (415 ILCS 5/21(o)(11), (o)(13) (2002)), and ordered
respondents to pay a civil penalty of $1,000
.
5-0
AC 04-86
IEPA v. Bill Weis – The Board found that this St. Clair County
respondent 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 04-87
IEPA v. Herman “Bud” Krohe – The Board found that this Cass
County respondent 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 05-3
IEPA v. City of Freeport and Ryan Wilson – The Board accepted
an administrative citation against these Stephenson County
respondents.
AC 05-4
IEPA v. G.T.&L, Inc. – The Board accepted an administrative
citation against this Cook County respondent.
AC 05-5
IEPA v. Robert and Phylis Ulrich and Bob Ulrich Pallet, Inc. – The
3
Board accepted an administrative citation against these Adams
County respondents.
AC 05-6
IEPA v. Knox County Landfill Committee and Greg Ingle – The
Board accepted an administrative citation against these Knox
County respondents.
AC 05-7
IEPA v. Edward and Betty Jo Cain and Edward Cain d/b/a Cain
Roofing Company – The Board accepted an administrative citation
against these Champaign County respondents.
AC 05-8
IEPA v. Ted Harrison and Gerald S. Gill – The Board accepted an
administrative citation against these Cass County respondents.
ADJUDICATORY CASES
Decisions
PCB 02-3
People of the State of Illinois v. Chevron Environmental Services
Company (as successor to Texaco Refining & Marketing, Inc.) – In
this land and water enforcement action concerning a Will 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 $50,000
and to cease and desist from further violations.
5-0
L&W-E
PCB 04-100
People of the State of Illinois v. Marc Realty, Inc., 11 East Adams,
L.LC., and Roberts Environmental Control, Inc. – 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 as to Marc Realty,
Inc. and 11 East Adams, L.L.C. only, and ordered the respondents
to pay a total civil penalty of $55,000 and to cease and desist from
further violations. The docket remains open for further proceedings
against the remaining respondent, Roberts Environmental Control,
Inc.
5-0
A-E
4
PCB 04-140
People of the State of Illinois v. Whiteway Sanitation, Inc. – In this
land enforcement action concerning a Jersey 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 $4,500 and to
cease and desist from further violations.
5-0
L-E
PCB 04-142
People of the State of Illinois v. Village of Poplar Grove and R.H.
Bateman & Company, Inc. – In this public water supply
enforcement action concerning a Boone 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 $4,000 and to cease and
desist from further violations.
5-0
PWS-E
PCB 04-206
People of the State of Illinois v. Medical Waste Solutions, Inc. – In
this land enforcement action concerning a Lake 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 $13,000 and to
cease and desist from further violations.
5-0
L-E
PCB 04-211
People of the State of Illinois v. Clinton Landfill, Inc. – In this land
enforcement action concerning a DeWitt 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 engage in a supplemental environmental project
(SEP) involving disposal of waste to the value of $25,000, and to
cease and desist from further violations.
5-0
L-E
5
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 99-187
Gina Pattermann v. Boughton Trucking and Materials, Inc. – No
action taken.
A&N-E
PCB 01-43
People of the State of Illinois v. Michael Stringini – No action
taken.
RCRA-E
PCB 01-102
Cassen and Sons, Inc. v. IEPA – No action taken.
UST
Appeal
PCB 03-38
Morry Gabel, Myra Gabel, Don Foreman, Marsha Foreman, Keith
Pinsoneault, and Tracy Pinsoneault v. The Wealshire, Inc. – The
Board granted complainants’ motion for voluntary dismissal of this
enforcement action involving a Lake County facility.
5-0
Citizens
N-E
PCB 03-51
People of the State of Illinois v. Draw Drape Cleaners, Inc.,
American Drapery Cleaners & Flameproofers, Inc. and Richard
Zell – No action taken.
A-E
PCB 03-106
Village of South Elgin v. Waste Management of Illinois, Inc. – No
action taken.
L-E
6
PCB 03-124
Aqua Illinois, Inc. v. IEPA – In response to a joint motion, the
Board granted parties’ motion to dismiss the petition for
administrative review with regard to petitioner’s nitrate removal
facility, wet well/storage basin for ion exchange backwash,
powdered activated carbon unit, two 2-stage upflow clarifiers, and
six rapid-rate gravity dual media filters, with leave to refile the
application for tax certification in the future with regard to those
facilities. The Board certified that the remaining specified facilities
of Aqua Illinois, Inc. located in Vermilion 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
PCB 03-185
Swif-T Food Mart v. IEPA – No action taken.
UST
Appeal
PCB 03-214
Illinois Ayers Oil Company v. IEPA – No action taken.
UST
Appeal
PCB 04-48
Village of Robbins and Allied Waste Transportation, Inc. v. IEPA –
No action taken.
P-A, Land
PCB 04-87
Knapp Oil Company v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Massac County facility.
5-0
UST
Appeal
PCB 04-91
Thomeczek Oil Company v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Madison County facility.
5-0
UST
Appeal
PCB 04-92
Sather Enterprises, Ltd. v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a DeWitt County facility.
5-0
UST
Appeal
7
PCB 04-99
Simpson Auto Service v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Madison County facility.
5-0
UST
Appeal
PCB 04-106
People of the State of Illinois v. Thomas Gray an individual, Steve
Whyte an individual, Gladys Whyte an individual, Leona Childress
an individual, and William McCoy an individual – No action taken.
L-E
PCB 04-143
PCB 04-145
Great Lakes Dredge & Dock Company v. IEPA – The Board
granted petitioner’s motion for voluntary dismissal of these
underground storage tank appeals involving a Cook County facility.
5-0
UST
Appeal
PCB 04-148
Illiopolis Grain Company v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Sangamon County facility.
5-0
UST
Appeal
PCB 04-174
Cooper Oil Company (May 1, 2003 to August 31, 2003) 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 Clay County facility.
5-0
UST
Appeal
PCB 04-175
Cooper Oil Company (December 1, 1994 to November 30, 1999) 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 Clay County facility.
5-0
UST
Appeal
PCB 04-179
Southern Farms Country Eggs, 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 Clinton County facility.
5-0
UST
Appeal
PCB 04-180
Larry Weineke 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 Massac
County facility.
5-0
UST
Appeal
8
PCB 04-182
Strohm 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 Crawford County facility.
5-0
UST
Appeal
PCB 04-183
Johnson Oil Company v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Vermilion County
facility.
5-0
UST
Appeal
PCB 04-184
Pete’s Marathon (June 1, 2003 to August 31, 2003) 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 Marion County facility.
5-0
UST
Appeal
PCB 04-185
Midwest Generation EME, Inc. v. IEPA – No action taken.
T-S
Appeal
PCB 04-186
Waste Management of Illinois, Inc. v. County Board of Kankakee –
The Board denied Michael Watson’s and Merlin Karlock’s motions
to intervene and Watson’s motion to strike.
4-0
Novak
abstained
P-C-F-S-R
PCB 04-187
Sutter Sanitation, Inc. and Lavonne Haker v. IEPA – No action
taken.
P-A, Land
PCB 04-204
Daniel J. Beers v. Dave Calhoun (Let It Shine Car Wash) – The
Board denied respondent’s motion to dismiss, found that the alleged
violations were neither duplicative nor frivolous, and accepted this
noise complaint involving a Tazewell County facility for hearing.
5-0
Citizens
N-E
PCB 04-213
The Village of Lombard, Illinois v. Bill’s Auto Center, Bill’s
Standard Service and William Kovar – The Board found that the
alleged violations in count I and III through V of the complaint
were neither duplicative nor frivolous, dismissed count II as
frivolous, and accepted for hearing this matter involving a DuPage
County facility.
5-0
Citizens
UST-E
9
PCB 04-215
Commonwealth Edison Company v. IEPA – No action taken.
T-S
Appeal
PCB 05-1
Batavia, Illinois Residents Opposed to Siting of Waste Transfer
Station v. Application of Onyx Waste Services Midwest, Inc. for
Local Siting Approval for a Solid Waste Transfer Station and City
of Batavia, Illinois – The Board ordered petitioner to file an
amended petition curing deficiencies and accompanied by an
attorneys appearance, within 30 days, or this matter would be
subject to dismissal.
5-0
P-C-F-S-R
3d Party
PCB 05-2
Holland Energy, L.L.C.-Beecher City (Property Identification
Numbers 0524-01-00-100-004, 0825-16-00-100-004, 0825-16-00-
300-002, 0825-16-00-300-003, 0825-16-00-200-002) v. IEPA – No
action taken.
T-C
PCB 05-3
Holland Energy, L.L.C.-Beecher City (Property Identification
Numbers 0524-01-00-100-004, 0825-16-00-100-004, 0825-16-00-
300-002, 0825-16-00-300-003, 0825-16-00-200-002) v. IEPA – No
action taken.
T-C
PCB 05-4
Holland Energy, L.L.C.-Beecher City (Property Identification
Numbers 0524-01-00-100-004, 0825-16-00-100-004, 0825-16-00-
300-002, 0825-16-00-300-003, 0825-16-00-200-002) v. IEPA –
Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that effluent
discharge facilities of Holland Energy, L.L.C. located in Shelby
County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2002)). No action was taken on the negative
recommendation for the river intake structure.
5-0
T-C
PCB 05-5
Holland Energy, L.L.C.-Beecher City (Property Identification
Numbers 0524-01-00-100-004, 0825-16-00-100-004, 0825-16-00-
300-002, 0825-16-00-300-003, 0825-16-00-200-002) v. IEPA – No
action taken.
T-C
10
PCB 05-6
Holland Energy, L.L.C.-Beecher City (Property Identification
Numbers 0524-01-00-100-004, 0825-16-00-100-004, 0825-16-00-
300-002, 0825-16-00-300-003, 0825-16-00-200-002) v. IEPA – No
action taken.
T-C
PCB 05-7
For C Pork Farm (Property Identification Number 14-F1-36-35-
100-001) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of For C Pork Farm located in
Iroquois 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
OTHER ITEMS
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Novak adjourned at 11:40 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on August 5, 2004, by a vote of 4-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
11
