ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
October 7, 2004 CHICAGO OFFICE
Union League Club of Chicago
65 West Jackson Boulevard, 5th Floor Parlor
10:00 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
Moore who was absent.
APPROVAL OF MINUTES
Minutes of the September 16, 2004 meeting were approved by a vote of 4-0.
RULEMAKINGS
R05-6
In the Matter of: SDWA Update, USEPA Amendments (January 1,
2004 through June 30, 2004, August 25, 2004) – The Board
adopted a proposal for public comment in this “identical-in-
substance” rulemaking to amend the Board’s public water supply
regulations.
4-0
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 – The
Board accepted petitioners’ amended petition for hearing and
denied petitioner’s motion for expedited decision.
4-0
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) – The Board
accepted petitioner's amended petition, but issued no order in this
case.
Water
AS 04-4
In the Matter of: Johns Manville for an Adjusted Standard from 35
Ill. Adm. Code Part 814, 811.310, 811.311, 811.318, 811.320 – No
action taken.
Land
ADMINISTRATIVE CITATIONS
AC 04-41
IEPA v. Cheryl Clayton – In response to a joint stipulation and
settlement agreement in this administrative citation action
involving an Adams 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.
4-0
AC 05-14
City of Chicago Department of Environment v. Bovis Lend Lease,
Inc. – The Board found that this Cook County respondent violated
Sections 21(p)(1) and (p)(7) of the Environmental Protection Act
(415 ILCS 5/21(p)(1), (p)(7) (2002)), and ordered respondent to
pay a civil penalty of $3,000
.
4-0
AC 05-15
IEPA v. C. John Blickhan – The Board accepted for hearing this
petition for review of an administrative citation against this Adams
County respondent.
4-0
2
AC 05-16
IEPA v. Richard Groff – The Board found that this Cook County
respondent violated Sections 21(p)(1), (p)(3), (p)(5), and (p)(7) of
the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3),
(p)(5), and (p)(7) (2002)), and ordered respondent to pay a civil
penalty of $6,000
.
4-0
AC 05-18
IEPA v. William Shrum – The Board accepted for hearing this
petition for review of an administrative citation against this Perry
County respondent.
4-0
AC 05-19
IEPA v. David and Shelby Hill and N.E. Finch Co. – The Board
accepted for hearing respondents David & Shelby Hill’s and N.E.
Finch Co.’s petitions for review of an administrative citation
against these Filton County respondents.
4-0
AC 05-20
IEPA v. John Groff and Robert Groff – The Board accepted for
hearing respondent John Groff’s petition for review of an
administrative citation against this Marion County respondent.
4-0
AC 05-26
County of Montgomery v. Michael Schwab – The Board accepted
an administrative citation against this Montgomery County
respondent.
Novak
AC 05-27
IEPA v. Lee County Landfill SC, L.L.C. and Dave Geier – The
Board accepted for hearing this petition for review of an
administrative citation against these Lee County respondents.
Novak
AC 05-28
County of Vermilion, Illinois v. Bill Wernigk – The Board accepted
an administrative citation against this Vermilion County
respondent.
Novak
AC 05-29
IEPA v. Charles L. Riggins – The Board accepted an administrative
citation against this Mason County respondent.
Novak
3
ADJUDICATORY CASES
Decisions
PCB 01-7
People of the State of Illinois v. QC Finishers, 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, and ordered the
respondent to pay a total civil penalty of $149,000 and to cease and
desist from further violations.
4-0
A-E
PCB 02-115
People of the State of Illinois v. Blue Ridge Construction
Corporation – The Board found that respondent violated Section
9(a), 9.1(d)(1), 12(d), 21(a), (e), (p)(1), and (p)(2) of the
Environmental Protection Act (415 ILCS 5/9(a), 9.1(d)(1), 12(d),
21(a), (e), (p)(1), (p)(2) (2000)); Section 201.141 of the Board’s
regulations (35 Ill. Adm. Code 201.141); and 40 C.F.R. 61.145(a),
40 C.F.R. 145(c)(1), 40 C.F.R. 145(c)(6), 40 C.F.R. 145 (c)(8), 40
C.F.R. 61.145(b)(1), and 40 C.F.R. 61.150(a)(1). This order also
incorporates the Board’s August 7, 2003 decision, which found that
respondent had violated Sections 9(a), 9.1(d)(1), 12(d), 21(a), (e),
(p)(1), and (p)(2) of the Act; Section 201.141 of the Board’s
regulations; and 40 C.F.R. 61.145(a) and 40 C.F.R. 61.145(b)(1).
Respondent were ordered to pay a total civil penalty of $66,000 and
to cease and desist from further violations.
4-0
A&W-E
PCB 05-26
People of the State of Illinois v. CFM U.S. Corporation f/k/a The
Vermont Castings Majestic Products Company – 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, and ordered the
respondent to pay a total civil penalty of $46,000 and to cease and
desist from further violations.
4-0
A-E
4
Motions and Other Matters
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt, Co., Inc.,
Edwin L. Frederick, Jr. individually and as owner and President of
Skokie Valley Asphalt Co., Inc., and Richard J. Frederick
individually and as owner and Vice President of Skokie Valley
Asphalt, Co,, Inc. – No action taken.
Johnson
W-E
PCB 97-2
People of the State of Illinois v. Jersey Sanitation Corporation – No
action taken.
Melas
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. – In this
land enforcement action concerning a Lake County facility, the
Board found that respondents violated 35 Ill. Adm. Code 731.160,
731.162, and 731.163, ordering the respondents to pay a total civil
penalty of $15,000 and to cease and desist from further violations.
4-0
L-E
PCB 00-163
David and Jacquelyn McDonough v. Gary Robke – No action
taken.
Johnson
Citizens
N-E
PCB 01-102
Cassen and Sons, Inc. v. IEPA – No action taken.
Johnson
UST
Appeal
PCB 03-75
Clinton County Oil Company, Inc. v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Madison County facility.
4-0
UST
Appeal
5
PCB 03-107
Willaredt Oil Company v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Macon County facility.
4-0
UST
Appeal
PCB 03-121
Freedom Oil Company v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Sangamon County facility.
4-0
UST
Appeal
PCB 03-122
Chronister Oil Company d/b/a Quik-N-EZ v. IEPA – The Board
granted petitioner’s motion for voluntary dismissal of this
underground storage tank appeal involving a Christian County
facility.
4-0
UST
Appeal
PCB 03-214
Illinois Ayers Oil Company v. IEPA – The Board denied
respondent’s motion for reconsideration of the August 5, 2004
Board Order.
4-0
UST
Appeal
PCB 03-222
People of the State of Illinois v. Mecalux Illinois, Inc. – Referred to
the hearing officer for disposition.
A-E
PCB 04-75
Mate Technologies, Inc. v. F.I.C. America Corporation – The
Board granted complainant’s motion for voluntary dismissal of this
citzen land enforcement action involving a Sangamon County
facility.
4-0
L-E
PCB 04-79
Bonita Saxbury and Richard Saxbury v. Archer Daniels Midland
Company – The Board reserved ruling on the joint motion for site
visit until after the record has been fully developed at hearing.
4-0
N-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 – The Board
denied complainant’s motion for summary judgment as to
respondents Thomas Gray, Gladys Gray, and Steve Whyte.
4-0
L-E
6
PCB 04-113
Ethyl Petroleum Additives, Inc. v. IEPA – The Board granted
petitioner’s motion to amend caption, which in the future will be
“Afton Chemical Corp. v. IEPA”.
4-0
P-A, Air
PCB 04-157
Joe’s Mobil v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal
involving a Montgomery County facility.
4-0
UST
Appeal
PCB 04-183
PCB 04-190
Johnson Oil Company v. IEPA – No action taken.
UST
Appeal
PCB 04-185
Midwest Generation EME, Inc. v. IEPA – No action taken.
T-S
Appeal
PCB 04-198
Glen’s 66 v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal
involving a Montgomery County facility.
4-0
UST
Appeal
PCB 04-207
People of the State of Illinois v. Edward Pruim, an individual, and
Robert Pruim, an individual – No action taken.
Girard
L-E
PCB 04-215
PCB 04-216
Commonwealth Edison Company v. IEPA – No action taken.
Moore
T-S
Appeal
PCB 04-223
SG Supply 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 Cook County facility.
4-0
UST
Appeal
7
PCB 04-227
People of the State of Illinois v. Rogers Development 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 Winnebago County
facility, the Board ordered publication of the required newspaper
notice.
4-0
W-E
PCB 05-1
Janis Rosauer and Batavia Illinois Residents Opposed to Siting of
Waste Transfer Station v. City of Batavia and Onyx Waste Services
Midwest, Inc. – The Board granted summary judgment to
respondent Onyx Waste Services Midwest, Inc. (Onyx), finding
that the third-party petitioners lack standing to appeal the City of
Batavia’s decision granting siting approval to Onyx for a waste
transfer station. The Board denied as moot Onyx’s alternative
motion to reconsider the Board’s July 22, 2004 order.
4-0
P-C-F-S-R
3
rd
Party
PCB 05-29
Mather Investment Properties, L.L.C. v. Illinois State Trapshooters
Association, Inc. – No action taken.
Citizens
Land-E
PCB 05-49
Morton F. Dorothy v. Flex-N-Gate Corporation – The Board held
for a later duplicative/frivolous determination this citizen’s
enforcement action involving a Champaign County facility.
A&L-E
PCB 05-52
People of the State of Illinois v. Safe Lock Self Storage, Inc. – The
Board accepted for hearing this water enforcement action involving
a site located in St. Clair County.
4-0
W-E
PCB 05-53
People of the State of Illinois v. Clean Harbors Environmental
Services, Inc. – The Board accepted for hearing this land
enforcement action involving a site located in Madison County.
4-0
L-E
PCB 05-54
Rock Road Companies, Inc. v. IEPA – The Board accepted for
hearing this permit appeal involving a Winnebago County facility.
4-0
P-A, Air
8
PCB 05-55
Village of Lake Barrington, Cuba Township, Prairie Rivers
Network, Sierra Club, Beth Wentzel, and Cynthia Skrukrud v.
IEPA and Village of Wauconda – The Board accepted for hearing
this third-party permit appeal involving a Lake County facility and
on its own motion consolidated this matter with PCB 05-58 and
PCB 05-59.
4-0
P-A,
NPDES
3
rd
Party
PCB 05-56
People of the State of Illinois v. Omron Automotive Electronics,
Inc. – The Board accepted for hearing this air enforcement action
involving a site located in Kane County.
4-0
A-E
PCB 05-57
Wayne Swanson & Dennis Swanson 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 Kane County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 05-58
Slocum Lake Drainage District of Lake County, Illinois v. IEPA
and Village of Wauconda, Illinois – The Board accepted for hearing
this third-party permit appeal involving a Lake County facility and
on its own motion consolidated this matter with PCB 05-55 and
PCB 05-59.
4-0
P-A,
NPDES
3
rd
Party
PCB 05-59
Al Phillips, Vern Meyer, Gayle DeMarco, Gabrielle Meyer, Lisa
O’Dell, Joan Leslie, Michael Davey, Nancy Dobner, Mike olito,
Williams Park Improvement Association, Mat Schlueter, Mylith
Park Lot Owners Association, Donald Krebs, Don Berkshire, Judy
Brumme, Twin Pond Farms Homeowners Association, Julia Tudor,
and Christine Deviney v. IEPA and Village of Wauconda – The
Board accepted for hearing this third-party permit appeal involving
a Lake County facility and on its own motion consolidated this
matter with PCB 05-55 and PCB 05-58.
4-0
P-A,
NPDES
3
rd
Party
PCB 05-60
People of the State of Illinois v. Youssi Real Estate and
Development, Inc. – The Board accepted for hearing this water
enforcement action involving a site located in Boone County.
4-0
W-E
9
PCB 05-61
Harold Hart Service 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 Madison County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 05-62
Keller Oil Company (Moweaqua) v. IEPA – The Board accepted
for hearing and this underground storage tank appeal involving a
Shelby County facility.
4-0
UST
Appeal
PCB 05-63
People of the State of Illinois v. North Rockwell, L.L.C. – The
Board accepted for hearing this air enforcement action involving a
site located in Cook County.
4-0
A-E
CASES PENDING DECISION
AS 02-5
In the Matter of: Petition of Noveon, Inc. for an Adjusted Standard
from 35 Ill. Adm. Code 304.122
Water
PCB 96-10
Vogue Tyre & Rubber Company v. IEPA (open waiver)
UST
Appeal
OTHER ITEMS
10
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Chairman Novak adjourned the meeting at 10:35
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on October 21, 2004, by a vote of 4-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
11
