ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
AUGUST 5, 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 except Member
Johnson who was absent.
APPROVAL OF MINUTES
Minutes of the July 22, 2004 meeting were approved by a vote of 4-0.
RULEMAKINGS
R04-25
In the Matter of: Proposed Amendments to Dissolved Oxygen
Standard 35 Ill. Adm. Code 302.206 – No action taken.
R, PWS
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 620.410(a) – No action
taken.
Water
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 – The Board ordered petitioner to file an
amended petition curing deficiencies.
4-0
Land
ADMINISTRATIVE CITATIONS
AC 04-18
IEPA v. Luther Coleman – The Board entered a final order
requiring respondent to pay
the Board hearing costs in the amount
of $323.29 and a civil penalty of $3,000. This order follows the
Board's interim order of June 17, 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 Saline County facility.
4-0
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 –
The Board granted complainant’s motion to dismiss respondent
Tom Romero. The Board found that the remaining Woodford
County respondents violated Sections 21(p)(1),(3),(4) and (7) of the
Illinois Environmental Protection Act (415 ILCS 5/21(p)(1),(3),(4)
and (7) (2002)), and ordered respondents to pay a civil penalty of
$6,000.
4-0
AC 04-80
IEPA v. Joseph Luparell and Troy Curley – No action taken.
2
AC 04-83
IEPA v. Giuffre II, L.L.C. and Reload, Inc. – The Board found that
these Winnebago County respondents violated Section 21(p)(1) and
(p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2002)), and ordered
respondents to pay a civil penalty of $3,000
.
4-0
AC 04-89
IEPA v. Earl and Norma Martin – The Board accepted for hearing
this petition for review of an administrative citation against these
Knox County respondents.
4-0
AC 04-90
IEPA v. Earl and Norma Martin – The Board accepted for hearing
this petition for review of an administrative citation against these
Knox County respondents.
4-0
AC 04-91
IEPA v. Earl and Norma Martin – The Board accepted for hearing
this petition for review of an administrative citation against these
Knox County respondents.
4-0
AC 05-9
IEPA v. Bill Collins – The Board accepted an administrative
citation against this Franklin County respondent.
AC 05-10
IEPA v. Lawrence P. and Jacqueline L. Koch – The Board accepted
an administrative citation against these Bond County respondents.
AC 05-11
IEPA v. Environmental Reclamation Company and Gene Stacey –
The Board accepted an administrative citation against these Coles
County respondents.
AC 05-12
County of Sangamon v. James Withers – The Board accepted an
administrative citation against this Sangamon County respondent.
ADJUDICATORY CASES
Motions and Other Matters
3
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 99-120
People of the State of Illinois v. Wood River Refining Company –
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
Madison County facility, the Board ordered publication of the
required newspaper notice.
4-0
A&L-E
PCB 99-187
Gina Pattermann v. Boughton Trucking and Materials, Inc. – No
action taken.
A&N-E
PCB 01-1
People of the State of Illinois v. Metals Technology Corporation –
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
DuPage County facility, the Board ordered publication of the
required newspaper notice.
4-0
A-E
PCB 01-43
People of the State of Illinois v. Michael Stringini – The Board
denied complainant’s motion for interlocutory appeal of hearing
officer’s order of June 21, 2004 extending briefing dates and
affirmed the hearing officer order of June 21, 2004 granting
extension of time to file briefs.
4-0
RCRA-E
PCB 01-102
Cassen and Sons, Inc. v. IEPA – No action taken.
UST
Appeal
4
PCB 03-24
PCB 03-25
(Cons.)
Hannel Oil Company v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of these underground storage tank
appeals involving a Scott County facility.
4-0
UST
Appeal
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
PCB 03-185
Swif-T Food Mart v. IEPA – No action taken.
UST
Appeal
PCB 03-214
Illinois Ayers Oil Company v. IEPA – The Board entered a final
order granting petitioner’s motion for of payment by Illinois
Environmental Protection Agency of attorney’s fees as costs of
corrective action. The Board also granted the motions to file a reply
and surreply but denied the motion to file an amended response.
4-0
UST
Appeal
PCB 04-31
Broadus Oil 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 04-67
People of the State of Illinois v. Royal Trucking Company – No
action taken.
W-E
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 04-185
Midwest Generation EME, Inc. v. IEPA – No action taken.
T-S
Appeal
5
PCB 04-186
Waste Management of Illinois, Inc. v. County Board of Kankakee –
No action taken.
P-C-F-S-R
PCB 04-187
Sutter Sanitation, Inc. and Lavonne Haker v. IEPA – No action
taken.
P-A, Land
PCB 04-188
Paul Phelan 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
Macoupin County facility.
4-0
UST
Appeal
PCB 04-189
Wabash Valley Service 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 Lawrence County facility.
4-0
UST
Appeal
PCB 04-190
Johnson Oil Company, L.L.C. v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a
Champaign County facility.
4-0
UST
Appeal
PCB 04-215
Commonwealth Edison Company v. IEPA – No action taken.
T-S
Appeal
PCB 05-8
People of the State of Illinois v. Village of Capron – The Board
accepted for hearing this public water supply enforcement action
involving a site located in Boone County.
4-0
PWS-E
PCB 05-9
People of the State of Illinois v. Danny Wiegel d/b/a Wiegel’s Tree
Service – The Board accepted for hearing this air enforcement
action involving a site located in Marion County.
4-0
A-E
6
PCB 05-10
Dennis Eugene Batty – Davis Junction (Property Identification
Number 11-13-400-002) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Dennis Eugene Batty
located in Ogle County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2002)).
4-0
T-C
PCB 05-11
UAP Richter – Dixon (Property Identification Number 02-15-07-
100-020) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that certain agrichemical secondary containment facilities
of UAP Richter 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 certain portion of the
building over the minibulk/package agrichemical secondary
containment structure at the site.
4-0
T-C
PCB 05-12
Lake in the Hills Sanitary District v. IEPA – The Board accepted
for hearing this permit appeal involving a McHenry County facility.
4-0
P-A,
Water
PCB 05-13
People of the State of Illinois v. Paul DiFranco, Sr. and Mark’s
Construction, Inc. – The Board accepted for hearing this air
enforcement action involving a site located in Cook County.
4-0
A-E
PCB 05-14
People of the State of Illinois v. Michael Collins d/b/a C&R
Construction – The Board accepted for hearing this air enforcement
action involving a site located in St. Clair County.
4-0
A-E
PCB 05-15
Bill Carter d/b/a Carter Convenience Store 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.
4-0
UST
Appeal
90-Day
Ext.
PCB 05-16
Royer Oil (Sorento Garage) v. IEPA – The Board granted this
4-0
7
request for a 90-day extension of time to file an underground
storage tank appeal on behalf of this Bond County facility.
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) – Adopted Rule, Final Order,
Opinion and Order
R, PWS
OTHER ITEMS
The Board granted the Chairman’s motion to convene the August
12, 2004 Closed Deliberative Session at 11:00 a.m. instead of 10:00
a.m.
The Board granted the Chairman’s motion to change the October 7,
2004 Meeting location from Springfield to Chicago at the Union
League Club of Chicago, 65 W. Jackson Boulevard, and to convene
at 10:00 a.m. instead of 11:00 a.m.
ADJOURNMENT
Moved and seconded, by a vote of 4-0, 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 August 19, 2004, by a vote of 3-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
8
