The following is the Illinois Pollution Control Board's tentative agenda for its April 4, 1996 Board meeting. The actual Agenda will be available at 10:30 a.m. Tuesday, April 2, 1996 and will list all motions and case filings received before Monday, Apri

In the Matter of: Petition of Jo’Lyn Corporation and Falcon
In the Matter of : Petition by Hayden Wrecking Corporation
IEPA v. Joseph Luparell and Troy Curley – The Board accepted
IEPA v. City of Freeport and Ryan Wilson – The Board found t
IEPA v. Robert and Phylis Ulrich and Bob Ulrich Pallet, Inc
IEPA v. Knox County Landfill Committee and Greg Ingle – The
IEPA v. Ted Harrison and Gerald S. Gill – The Board accepted
IEPA v. Bill Collins – The Board found that this Franklin Co
IEPA v. Lawrence P. and Jacqueline L. Koch – The Board found
IEPA v. Environmental Reclamation Company and Gene Stacey –
County of Sangamon v. James Withers – The Board granted comp
City of Chicago Department of Environment v. Bovis Lend Leas
IEPA v. C. John Blickham – The Board accepted an administrat
IEPA v. Richard Groff – The Board accepted an administrative
IEPA v. Roger and Joan Kay Miller – The Board accepted an ad
IEPA v. William Shrum – The Board accepted an administrative
IEPA v. David and Shelby Hill and N. E. Finch Company – The
IEPA v. John Groff and Robert Groff – The Board accepted an
IEPA v. Willis E. Farley, Jr. – The Board accepted an admin
People of the State of Illinois v. Metals Technology Corpora
PCB 04-67
1. Barbara and Ronald Stuart v. Franklin Fisher – No action tak
2. Johnson Oil Company v. IEPA – The Board accepted petitioner’
3. Johnson Oil Company v. IEPA – The Board accepted petitioner’
4. Noveon, Inc. f/k/a BF Goodrich Corporation (Henry Facility)

ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

SEPTEMBER 2, 2004 CHICAGO OFFICE

Chicago/Springfield Videoconference

CHICAGO OFFICE – 100 W. Randolph Street

Videoconference Room 11-512

SPRINGFIELD OFFICE – 1021 N. Grand Avenue East

Oliver Holmes Conference Room 2012 N – Second Floor

ANNOUNCEMENTS

After calling the meeting to order, Chairman

Novak welcomed members of the public and staff

to the meeting.

The Clerk of the Board called the roll.

All Board Members answered present.

APPROVAL OF MINUTES

Minutes of the August 19, 2004 meeting were approved by a vote of 4-0. Member Melas

ADJUSTED STANDARDS

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

In the Matter of : Petition by Hayden Wrecking Corporation for an

Adjusted Standard from 35 Ill. Adm. Code 620.410(a) – No action

ADMINISTRATIVE CITATIONS

IEPA v. Douglas S. Carrico, d/b/a Carrico’s Auto Heap

Board entered an interim opinion and order finding respondent

violated Section 21(p)(1) 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 within 14 days a statement of hearing

costs, supported by affidavit, with service on respondent.

County of Jackson v. Frank Stonemark– In response to a joint

stipulation and settlement agreement in this administrative citation

action involving a Jackson County facility, the Board found

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. The Board also granted

the parties’ joint motion to dismiss respondent’s petition for review

and the alleged violation of 415 ILCS 5/21(p)(7) (2002).

County of Jackson v. Egon Kamarasy – The Board granted

complainant's motion to consolidate AC 04-63 and AC 04-64.

IEPA v. Joseph Luparell and Troy Curley – The Board accepted

complainant’s response to the July 8, 2004 Board order regarding

service on respondent Troy Curley. The Board found that

complainant properly served respondent and accepted for hearing

Troy Curley’s petition for review of an administrative citation

against these Sangamon County respondents.

IEPA v. City of Freeport and Ryan Wilson – The Board found that

these Stephenson County respondents violated Section 21(o)(11) of

the Environmental Protection Act (415 ILCS 5/21(o)(11) (2002)),

and ordered respondent to pay a civil penalty of $500

IEPA v. Robert and Phylis Ulrich and Bob Ulrich Pallet, Inc. – The

Board accepted for hearing this petition for review of an

administrative citation against these Adams County respondents.

IEPA v. Knox County Landfill Committee and Greg Ingle – The

Board found that these Knox County respondents violated Sections

21(o)(1), (o)(2), (o)(5), and (o)(12) of the Act (415 ILCS

5/21(o)(1), (o)(2), (o)(5), and (o)(12) (2002)), and ordered

respondents to pay a civil penalty of $2,000

IEPA v. Ted Harrison and Gerald S. Gill – The Board accepted for

hearing respondents Harrison’s and Gill’s petitions for review of an

administrative citation against these Adams County respondents.

IEPA v. Bill Collins – The Board found that this Franklin 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

IEPA v. Lawrence P. and Jacqueline L. Koch – The Board found

that these Bond County respondents violated Sections 21(p)(1) and

(p)(3) of the Act (415 ILCS 5/21(p)(1), (p)(3) (2002)), and ordered

respondents to pay a civil penalty of $3,000

IEPA v. Environmental Reclamation Company and Gene Stacey –

The Board found that these Bond County respondents violated

Sections 21(o)(5) and (o)(12) of the Act (415 ILCS 5/21(o)(5),

(o)(12) (2002)), and ordered respondents to pay a civil penalty of

County of Sangamon v. James Withers – The Board granted

complainant’s motion to dismiss this administrative citation for

lack of service on respondent.

City of Chicago Department of Environment v. Bovis Lend Lease,

Inc. – The Board accepted an administrative citation against this

Cook County respondent.

IEPA v. C. John Blickham – The Board accepted an administrative

citation against this Adams County respondent.

IEPA v. Richard Groff – The Board accepted an administrative

citation against this Fulton County respondent.

IEPA v. Roger and Joan Kay Miller – The Board accepted an

administrative citation against these Champaign County

IEPA v. William Shrum – The Board accepted an administrative

citation against this Perry County respondent.

IEPA v. David and Shelby Hill and N. E. Finch Company – The

Board accepted an administrative citation against these Fulton

County respondents.

IEPA v. John Groff and Robert Groff – The Board accepted an

administrative citation against these Marion County respondents.

IEPA v. Willis E. Farley, Jr. – The Board accepted an

administrative citation against this Mason County respondent.

ADJUDICATORY CASES

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. – The Board found that respondents

violated the following provisions of the Environmental Protection

Act (Act) and the Board’s regulations: Sections 12 (a) and (f) of the

Act (415 ILCS 5/12(a) and (f) (2002)), and 35 Ill. Adm. Code

302.203, 304.105, 304.106, 305.102(b), 309.102(a), and 309.104(a)

at respondent’s facility located Grayslake Village, Lake County.

The Board ordered the respondents to pay a total civil penalty of

People of the State of Illinois v. Metals Technology Corporation –

In this air enforcement action concerning a DuPage 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.

People of the State of Illinois v. Royal Trucking Company

water enforcement action concerning a location in Cook County,

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 $5,000 and to

cease and desist from further violations.

Barbara and Ronald Stuart v. Franklin Fisher – No action taken.

Motions and Other Matters

People of the State of Illinois v. G & M Total, Inc. and George

Papas, individually and as President of G & M Total, Inc. – No

Gina Pattermann v. Boughton Trucking and Materials, Inc. – The

Board denied respondent’s motion for reconsideration.

People of the State of Illinois v. QC Finishers, Inc. – 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.

Cassen and Sons, Inc. v. IEPA – No action taken.

People of the State of Illinois v. John Prior d/b/a Prior Oil Company

and James Mezo d/b/a Mezo Oil Company – No action taken.

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 – The Board

declined to take action on the pending motions due to lack of

jurisdiction to modify the Board’s judgment or to rule on matters of

substance, which are the subject of appeal.

Teresa L. Shepro, as Trustee of the Justice W. Shepro Trust, and

Teresa L. Shepro and Frank Wiemerslage, as beneficiaries under

Trust No. 898 of the Chicago Trust Company v. Newby Oil

Company, David E. Tripp and Janice L. Tripp – Complainants'

motion to file additional appearance was referred to the hearing

officer for disposition.

Broadus Oil v. IEPA – The Board granted petitioner’s motion for

leave to clarify petition for review. The board directed the Clerk of

the Board to open a new docket (PCB 05-43) for review of the

September 8, 2003 decision and instructed petitioner to submit a

filing fee for the new docket by October 4, 2004. Finally, the

Board on its on motion consolidated PCB 04-31 and PCB 05-43.

Village of Robbins and Allied Waste Transportation, Inc. v. IEPA –

No action taken.

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.

Johnson Oil Company v. IEPA – The Board accepted petitioner’s

amended petition for review for hearing and granted the motion for

admission of John D. Moriarity to appear

Pro Hac Vice.

Midwest Generation EME, Inc. v. IEPA – No action taken.

Sutter Sanitation, Inc. and Lavonne Haker v. IEPA – No action

Johnson Oil Company v. IEPA – The Board accepted petitioner’s

amended petition for review for hearing and granted the motion for

admission of John D. Moriarity to appear

Pro Hac Vice.

Auburn Realty 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

Christian County facility.

2 F, 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

Williamson County facility.

Yesley Service 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 Randolph County facility.

DiMucci Development Corporation v. IEPA– The Board accepted

for hearing this underground storage tank appeal involving a Cook

County facility.

Aylsworth 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 White County facility.

Commonwealth Edison Company v. IEPA – No action taken.

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 – No action taken.

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 –

Because the Board did not receive any petition for review of the

Agency’s recommendation to deny certification, consistent with the

Agency’s recommendation, the Board declined to certify that

Holland Energy’s facilities are pollution control facilities and

dismissed this matter.

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 –

Because the Board did not receive any petition for review of the

Agency’s recommendation to deny certification, consistent with the

Agency’s recommendation, the Board declined to certify that

Holland Energy’s facilities are pollution control facilities and

dismissed this matter.

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 –

Because the Board did not receive any petition for review of the

Agency’s recommendation to deny certification, consistent with the

Agency’s recommendation, the Board declined to certify that

Holland Energy’s facilities are pollution control facilities and

dismissed this matter.

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 –

Because the Board did not receive any petition for review of the

Agency’s recommendation to deny certification, consistent with the

Agency’s recommendation, the Board declined to certify that

Holland Energy’s facilities are pollution control facilities and

dismissed this matter.

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 –

Because the Board did not receive any petition for review of the

Agency’s recommendation to deny certification, consistent with the

Agency’s recommendation, the Board declined to certify that

Holland Energy’s facilities are pollution control facilities and

dismissed this matter.

UAP Richter – Dixon (Property Identification Number 02-15-07-

100-020) v. IEPA – Because the Board did not receive any petition

for review of the Agency’s recommendation to deny certification,

consistent with the Agency’s recommendation, the Board declined

to certify that UAP Richter’s facilities are pollution control

facilities and dismissed this matter.

Heritage FS, Inc. (Property Identification Numbers 06-10-06-400-

005) v. IEPA – Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and

certified that certain agrichemical containment facilities of Heritage

FS, Inc. 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

recommendation to deny certification for the certain portion of the

building over the minibulk/package agrichemical secondary

containment structure at the site.

Mather Investment Properties, L.L.C. v. Illinois State Trapshooters

Association, Inc. – The Board held for a later duplicative/frivolous

determination this citizen’s enforcement action involving a

Sangamon County facility.

Village of Frankfort v. IEPA – The Board accepted for hearing this

permit appeal involving a facility located in Cook and Will

Metropolitan Water Reclamation District of Greater Chicago v.

IEPA – The Board accepted for hearing this permit appeal

involving a facility located in Cook County.

People of the State of Illinois, by Lisa Madigan, Attorney General

for the State of Illinois v. GTC, International, an Illinois

corporation – The Board accepted for hearing this air enforcement

action involving a site located in Cook County.

Vollbracht Farms, Inc. (Property ID # 14-0-0282-000-00) v. IEPA –

Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified

facilities of Vollbracht Farms, Inc. located in Adams County are

pollution control facilities for the purpose of preferential tax

treatment under the Property Tax Code (35 ILCS 200/11-10

Moss Family Farms, Inc. (Property ID #34-013-08) v. IEPA –

Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified

facilities of Moss Family Farms, Inc. located in Pike County are

pollution control facilities for the purpose of preferential tax

treatment under the Property Tax Code (35 ILCS 200/11-10

Kibler Development Corporation and Marion Ridge Landfill, Inc.

v. IEPA – The Board accepted for hearing this permit appeal

involving a facility located in Williamson County.

Bunker Hill Amoco v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Macoupin County

Mussman's Back Acres, Inc. (Property ID # 01-04-14-200-008) v.

IEPA – Upon receipt of the Illinois Environmental Protection

Agency’s recommendation, the Board found and certified that

specified facilities of Mussman's Back Acres, Inc. located in

Kankakee County are pollution control facilities for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2002)).

Lone Willow USA, Inc. (Property ID # 09-12-100-007 and 09-12-

200-011) v. IEPA – Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and

certified that specified facilities of Lone Willow USA, Inc. located

in Woodford County are pollution control facilities for the purpose

of preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2002)).

Lincoln Land FS, Inc. (Property ID # 09-21-404-007) v. IEPA –

Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified

facilities of Lincoln Land FS, Inc. located in Morgan County are

pollution control facilities for the purpose of preferential tax

treatment under the Property Tax Code (35 ILCS 200/11-10

Lincoln Land FS, Inc. (Property ID #06-29-100-023-0080 and 06-

29-100-019-0080) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Lincoln Land FS, Inc.

located in Scott County are pollution control facilities for the

purpose of preferential tax treatment under the Property Tax Code

(35 ILCS 200/11-10 (2002)).

Lazy B Farm (Property ID #05-000-289-00) v. IEPA – Upon

receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified

facilities of Lazy B Farm located in Lawrence County are pollution

control facilities for the purpose of preferential tax treatment under

the Property Tax Code (35 ILCS 200/11-10 (2002)).

Chris and Greg Niebrugge (Property ID #07-1-23-000-011-000) v.

IEPA – Upon receipt of the Illinois Environmental Protection

Agency’s recommendation, the Board found and certified that

specified facilities of Chris and Greg Niebrugge located in

Crawford County are pollution control facilities for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2002)).

CASES PENDING DECISION

Noveon, Inc. f/k/a BF Goodrich Corporation (Henry Facility) v.

IEPA – Final Order, Opinion and Order (due 9/16)

OTHER ITEMS

The Board granted the Chairman’s Motion to Keep Confidential Minutes for all Closed

Deliberative Sessions Prior to July 1, 2004 (see Open Meetings Act (5 ILCS 120/2.6(d))).

The Board granted the Chairman’s Motion to Convene the September 23, 2004 Closed

Deliberative Session at 3:00 p.m. instead of 10:00 a.m.

ADJOURNMENT

Moved and seconded, by a vote of 5-0, Chairman Novak adjourned at 11:45 a.m.

I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board

approved the above minutes on September 16, 2004, by a vote of 5-0.