ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
AUGUST 19, 2004
100 W. Randolph Street
Conference Room 9-040
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
Melas who was absent.
APPROVAL OF MINUTES
Minutes of the August 5, 2004 meeting were approved by a vote of 3-0. Member Johnson
abstained.
RULEMAKINGS
R04-13
In the Matter of: SDWA Update, USEPA Amendments (July 1,
2003 through December 31, 2003) – The Board adopted a final
opinion and order in this “identical-in-substance” rulemaking to
amend the Board’s public water supply regulations.
4-0
R, PWS
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
ADMINISTRATIVE CITATIONS
AC 04-80
IEPA v. Joseph Luparell and Troy Curley – No action taken.
AC 04-88
City of Chicago Department of Environment v. Gene Evans – The
Board found that this Cook 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
.
4-0
AC 05-1
IEPA v. Michael E. Boone – The Board found that this Mason
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
.
N4-0
AC 05-2
IEPA v. Lester Smith – The Board accepted for hearing this petition
for review of an administrative citation against this Massac County
respondent.
4-0
AC 05-4
IEPA v. G.T. & L., Inc. – The Board found the petition for review
deficient in this administrative citation involving a Cook County
facility. The Board ordered respondent to file an amended petition
curing deficiencies and accompanied by an attorney’s appearance,
within 30 days, or the petition would be subject to dismissal.
4-0
2
AC 05-7
IEPA v. Edward and Betty Jo Cain and Edward Cain d/b/a Cain
Roofing Company – The Board accepted for hearing this petition
for review of an administrative citation against these Champaign
County respondents.
4-0
AC 05-13
IEPA v. Roy Bruce – The Board accepted an administrative citation
against this Jefferson County respondent.
ADJUDICATORY CASES
Decisions
PCB 03-223
People of the State of Illinois v. Elysium Energy – In this water,
land and air 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 respondents to pay a total civil penalty of $25,000 and
to cease and desist from further violations.
4-0
L-E
PCB 04-98
People of the State of Illinois v. Onyx Environmental Services,
L.L.C. and Aura II Inc. – In this land and air enforcement action
concerning a Jasper 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 $125,000 and to cease and desist from further
violations.
4-0
A,L,W-E
PCB 04-218
People of the State of Illinois v. Brickyard Disposal and Recycling,
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 $40,000, and to cease and desist from further violations.
4-0
L-E
3
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 97-119
People of the State of Illinois v. G & M Total, Inc. and George
Papas, individually and as President of G & M Total, Inc. – No
action taken.
L-E
PCB 99-187
Gina Pattermann v. Boughton Trucking and Materials, Inc. – No
action taken.
A&N-E
PCB 01-102
Cassen and Sons, Inc. v. IEPA – No action taken.
UST
Appeal
PCB 01-147
North Safety Products, Inc. v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this appeal involving
a DuPage County facility.
4-0
P-A, Air
PCB 03-51
People of the State of Illinois v. Draw Drape Cleaners, Inc.,
American Drapery Cleaners & Flameproofers, Inc. and Richard
Zell – The Board granted complainant’s motion for partial
summary judgment. The Board directed this matter to hearing as
expeditiously as practicable on the remainder of the contested
counts of the complaint, appropriate penalty amount, and remedy.
4-0
A-E
PCB 03-98
Nielsen & Bainbridge, L.L.C. v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this appeal involving
a Cook County facility.
4-0
P-A, Air
PCB 03-106
Village of South Elgin v. Waste Management of Illinois, Inc. – No
action taken.
L-E
4
PCB 03-125
PCB 03-133
PCB 03-134
PCB 03-135
PCB 03-144
(Cons.)
City of Kankakee v. County of Kankakee, County Board of
Kankakee, and Waste Management of Illinois, Inc.; Merlin Karlock
v. County Board of Kankakee, County Board of Kankakee, and
Waste Management of Illinois, Inc.; Michael Watson v. County of
Kankakee, County Board of Kankakee, and Waste Management of
Illinois, Inc; Keith Runyon v. County of Kankakee, County Board
of Kankakee and Waste Management of Illinois, Inc.; Waste
Management of Illinois, Inc. v. County of Kankakee – No action
taken.
P-C-F-S-R
PCB 03-185
Swif-T Food Mart v. IEPA – The Board granted petitioner’s motion
for authorization of payment of attorney fees as costs of corrective
action and directed that $11,291.37 in legal fees be reimbursed.
The Board remanded the case to the Illinois Environmental
Protection Agency to issue the requested reimbursement.
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 – 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 Cook County facility, the
Board ordered publication of the required newspaper notice.
4-0
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 –
The Board denied Keith Runyon’s motion to intervene.
4-0
P-C-F-S-R
PCB 04-187
Sutter Sanitation, Inc. and Lavonne Haker v. IEPA – No action
taken.
P-A, Land
PCB 04-191
Clark Oil Station #848 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.
4-0
UST
Appeal
PCB 04-195
Andover/Casey’s General Stores 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 Henry County facility.
4-0
UST
Appeal
PCB 04-196
Robert Mezo 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
Franklin County facility.
4-0
UST
Appeal
PCB 04-197
Brock Oil Company (Letter dated March 31, 2004) 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.
4-0
UST
Appeal
PCB 04-199
Hicks Bulk Distribution 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 Jackson County facility.
4-0
UST
Appeal
PCB 04-200
Clark Oil Station #271 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 Madison County facility.
4-0
UST
Appeal
6
PCB 04-215
PCB 04-216
Commonwealth Edison Company v. IEPA – No action taken.
T-S
Appeal
PCB 05-17
Union County 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 Union County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 05-18
Ted Harrison 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 Cass County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 05-19
Hall’s Automotive (SICR) 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 Hardin County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 05-20
Hall’s Automotive (SIPB) 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 Hardin County facility
4-0
UST
Appeal
90-Day
Ext.
PCB 05-21
Randy’s Shell 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 Piatt County facility.
4-0
UST
Appeal
90-Day
Ext.
7
PCB 05-22
L. Keller Oil Properties (Downtown Shell) 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 Effingham
County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 05-23
Keller Oil 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 Effingham County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 05-24
Premcor Refining Group, 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 LaSalle County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 05-25
Premcor Refining Group, 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 Tazewell County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 05-26
People of the State of Illinois v. CFM U.S. Corporation f/k/a The
Vermont Casting Majestic Products Company, a Delaware
corporation – 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.
4-0
Air-E
PCB 05-27
Hertiage FS, Inc. (Property Identification Numbers 06-10-06-400-
005) v. IEPA – No action taken.
T-C
8
PCB 05-28
People of the State of Illinois v. Color Communication, Inc., an
Illinois corporation – The Board accepted for hearing this air
enforcement action involving a two sites located in Cook County.
4-0
Air-E
CASES PENDING DECISION
AC 04-27
IEPA v. Douglas S. Carrico, d/b/a Carricos Auto Heap
Moore
PCB 02-164
Barbara and Ronald Stuart v. Franklin Fisher
Girard
Citizens
N-E
OTHER ITEMS
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Chairman Novak adjourned at 11:25 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on September 2, 2004, by a vote of 4-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
9
