ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
SEPTEMBER 16, 2004 CHICAGO OFFICE
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.
APPROVAL OF MINUTES
Minutes of the September 2, 2004 meeting were approved by a vote of 5-0.
RULEMAKINGS
R05-3
In the Matter of: UST Update, USEPA Regulations (January 1,
2004 through June 30, 2004) – The Board dismissed this reserved
identical-in-substance docket because the United States
Environmental Protection Agency did not amend its exemptions
from the definition of underground storage tank during the update
period of January 1, 2004 through June 30, 2004.
5-0
R, Land
R05-5
In the Matter of: Exemptions from the Definition of VOM Update,
USEPA Regulations (January 1, 2004 through June 30, 2004) - The
Board dismissed this reserved identical-in-substance docket
because the United States Environmental Protection Agency did not
amend its exemptions from the definition of volatile organic
material during the update period of January 1, 2004 through June
30, 2004.
5-0
R, Air
R05-7
In the Matter of: UIC Update, USEPA Regulations (January 1,
2004 through June 30, 2004) - The Board dismissed this reserved
identical-in-substance docket because the United States
Environmental Protection Agency did not amend its underground
injection control regulations during the update period of January 1,
2004 through June 30, 2004.
5-0
R, Land
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 04-13
City of Chicago Department of Environment v. Eddie Greer – The
Board entered an interim opinion and order finding respondent
violated Sections 21(p)(1) and 21(p)(7) of the Act (415 ILCS
5/21(p)(1) and (p)(7) (2002)) and assessing a penalty of $3,000.
The Board ordered the Clerk of the Board and the Environmental
Protection Agency to file within 14 days a statement of their
hearing costs and allowed respondent to file a response by October
14, 2004.
5-0
2
AC 05-13
IEPA v. Roy Bruce – The Board found that this Jefferson County
respondent violated Sections 21(p)(1) and (p)(3) of the Act (415
ILCS 5/21(p)(1), (p)(3) (2002)), and ordered respondent to pay a
civil penalty of $3,000
.
5-0
AC 05-17
IEPA v. Roger Miller and Joan Kay Miller – The Board accepted
for hearing this petition for review of an administrative citation
against these Cumberland County respondents.
5-0
AC 05-22
County of Sangamon v. James Withers – The Board accepted an
administrative citation against this Sangamon County respondent.
Novak
AC 05-23
IEPA v. Phillip Hamann - The Board accepted an administrative
citation against this Mason County respondent.
Novak
AC 05-24
City of Chicago Department of Environment v. Richland Group
Enterprises, Inc. – The Board accepted an administrative citation
against this Cook County respondent.
Novak
AC 05-25
County of Montgomery v. Ronald F. Simmons - The Board
accepted an administrative citation against this Montgomery
County respondent.
Novak
ADJUDICATORY CASES
Decisions
PCB 91-17
Noveon, Inc. f/k/a BF Goodrich Corporation (Henry Facility) v.
IEPA – The Board affirmed the National Pollutant Discharge
Elimination System permit as issued by respondent on December
28, 1990.
5-0
P-A, Land
3
PCB 99-120
People of the State of Illinois v. Wood River Refining Company –
In this air enforcement action concerning a Madison 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 $126,000
and to cease and desist from further violations.
5-0
A-E
PCB 02-164
Barbara and Ronald Stuart v. Franklin Fisher and Phyllis Fisher –
The Board found that only respondent Franklin Fisher violated the
following provisions of the Environmental Protection Act (Act) and
the Board’s regulations: Section 24 of the Act (415 ILCS 5/24) and
35 Ill. Adm. Code 900.102 at respondent’s facility located in Will
County. The Board directed Franklin Fisher to cease and desist
from further violation of the Environmental Protection Act and
Board regulations rules by ceasing and desisting the use of the
propane cannons on the property.
3-1
Johnson
dissented
Novak
abstained
Citizens
N-E
Motions and Other Matters
PCB 97-2
People of the State of Illinois v. Jersey Sanitation Corporation – No
action taken.
L&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 00-163
David and Jacquelyn McDonough v. Gary Robke – No action
taken.
Citizens
N-E
PCB 01-102
Cassen and Sons, Inc. v. IEPA – No action taken.
UST
Appeal
4
PCB 02-177
People of the State of Illinois v. John Prior d/b/a Prior Oil Company
and James Mezo d/b/a Mezo Oil Company – The Board granted
respondent John Prior’s motion for stay of final order entered July
8, 2004, pending the outcome of his petition for direct review in
Fifth District Appellate Court.
5-0
L, W-E
PCB 04-15
People of the State of Illinois v. Atkinson Grain & Fertilizer, Inc. –
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 Henry County facility,
the Board ordered publication of the required newspaper notice.
5-0
W-E
PCB 04-48
Village of Robbins and Allied Waste Transportation, Inc. v. IEPA –
The Board denied the Cook County petitioners’ motion for
summary judgment, and directed the matter to hearing on all issues.
5-0
P-A, Land
PCB 04-79
Bonita Saxbury and Richard Saxbury v. Archer Daniels Midland
Company – No action taken.
N-E
PCB 04-105
Webb & Sons, Inc. v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Coles 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 04-113
Ethyl Petroleum Additives, Inc. v. IEPA – No action taken.
P-A, Air
PCB 04-164
People of the State of Illinois v. The Fields of Long Grove Home
Owner’s Association – Upon receipt of a proposed stipulation and
settlement agreement and an agreed motion to request relief from
the hearing requirement in this public water supply enforcement
action involving a Lake County facility, the Board ordered
publication of the required newspaper notice.
5-0
PWS-E
5
PCB 04-185
Midwest Generation EME, Inc. v. IEPA – No action taken.
T-S
Appeal
PCB 04-187
Sutter Sanitation, Inc. and Lavonne Haker v. IEPA – The Board
denied the motion to intervene of the Ruffner family, Mr. Stock,
and Stock & Co. The Board also granted in part and denied in part
the respondent’s motion to strike, striking Exhibits 1-7 of, and
references to those exhibits in, petitioners’ motion for partial
summary judgment. Finally, the Board granted petitioners’ motion
for partial summary judgment, denied the respondent’s motion for
partial summary judgment, and directed the parties to hearing on
the remaining two grounds for permit denial, for this Effingham
County facility.
5-0
P-A, Land
PCB 04-207
People of the State of Illinois v. Edward Pruim an individual, and
Robert Pruim an individual – No action taken.
L-E
PCB 04-215
PCB 04-216
Commonwealth Edison Company v. IEPA – No action taken.
T-S
Appeal
PCB 04-217
Telzrow 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 Calhoun County facility.
5-0
UST
Appeal
PCB 04-219
Commonwealth Edison 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 La Salle County facility.
5-0
UST
Appeal
PCB 04-220
Jim’s Mobil 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.
5-0
UST
Appeal
6
PCB 05-1
Janis Rosaver and Batavia Illinois Residents Opposed to Siting of
Waste Transfer Station v. City of Batavia and Onyx Waste Services
Midwest, Inc. – No action taken.
P-C-F-S-R
3d Party
PCB 05-29
Mather Investment Properties, L.L.C. v. Illinois State Trapshooters
Association, Inc. – No action taken.
Citizens
Land-E
PCB 05-44
People of the State of Illinois v. Roger Kuberski – The Board
accepted for hearing this water enforcement action involving a site
located in Cook County.
5-0
W-E,
NPDES
PCB 05-45
United Parcel Service (Claim #1) 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 St. Clair County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 05-46
United Parcel Service (Claim #3) 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 St. Clair County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 05-47
United Parcel Service (Claim #2) 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 St. Clair County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 05-48
Illinois Ayers Oil Company (Ayerco #7) 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.
5-0
UST
Appeal
PCB 05-49
Morton F. Dorothy v. Flex-N-Gate Corporation – The Board held
A&L-E
7
for a later duplicative/frivolous determination this citizen’s
enforcement action involving a Champaign County facility.
PCB 05-50
L. Keller Oil Properties (Charleston) v. IEPA – The Board accepted
for hearing and this underground storage tank appeal involving a
Cook County facility. The Board also granted petitioner’s motion
for expedited review.
5-0
UST
Appeal
PCB 05-51
People of the State of Illinois v. Randy Oldenberger d/b/a
Environmental Health and Safety – The Board accepted for hearing
this air enforcement action involving a site located in Cook County.
5-0
A-E
CASES PENDING DECISION
OTHER ITEMS
ADJOURNMENT
Moved and seconded, by a vote of 5-0, 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 October 7, 2004, by a vote of 4-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
8
