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: Johns Manville for an Adjusted Standard f
In the Matter of: Petition of SCA Tissue North America, L.L
People of the State of Illinois v. Jersey Sanitation Corpora
In the Matter of: Petition of Noveon, Inc. for an Adjusted

ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

October 21, 2004 CHICAGO OFFICE

100 W. Randolph Street

Conference Room 2-025

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 except Member

Moore who was absent.

APPROVAL OF MINUTES

Minutes of the October 7, 2004 meeting were approved by a vote of 4-0. Member Moore

ADJUSTED STANDARDS

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

In the Matter of: Petition of SCA Tissue North America, L.L.C. for

an Adjusted Standard from 35 Ill. Adm. Code 218.301 and

218.302(c) – No action taken.

ADMINISTRATIVE CITATIONS

IEPA v. Rosemary Pehm – 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)(3) of the Environmental Protection Act (Act) (415

ILCS 5/21(p)(3) (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

violations of Sections (p)(1) and (p)(7) of the Act (415 ILCS

5/21(p)(1) and (p)(7) (2002)).

IEPA v. John Groff and Robert Groff – The Board granted

complainant’s motion to dismiss the administrative citation against

Robert Groff only.

IEPA v. Phillip Hamann – 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

County of Vermilion, Illinois v. Bill Wergnigk – The Board

accepted for hearing this petition for review of an administrative

citation against this Vermilion County respondent.

IEPA v. Doug and Theresa Christison – The Board accepted an

administrative citation against these Pike County respondents.

IEPA v. Guiffre II, L.L.C. – The Board accepted an administrative

citation against this Winnebago County respondent.

ADJUDICATORY CASES

Vogue Tyre & Rubber Company v. IEPA – The Board affirmed the

Illinois Environmental Protection Agency’s (Agency) decision that

the Vogue Tyre & Rubber Company site at 1401 Golf Road,

Skokie, Cook County is not subject to 35 Ill. Adm. Code 731 and

732. Further, the Board affirmed the Agency’s denial of a 20-day

report, at 45-day report, a site classification report and corrective

action plan submitted for the site.

People of the State of Illinois v. Atkinson Grain & Fertilizer, Inc. –

In this water enforcement action concerning a Henry 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 $20,000

and to cease and desist from further violations.

People of the State of Illinois v. The Fields of Long Grove

Homeowner’s Association – In this water 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 respondent to pay a total

civil penalty of $3,000 and to cease and desist from further

Motions and Other Matters

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. – The Board granted in part respondents’ motion

to stay and/or extend time to respond to complainant’s petition for

attorney fees and cost. The Board stayed the time for payment of

the $153,000 in penalties ordered in the Board’s September 2, 2004

order, pending resolution of respondents’ appeal in Skokie Valley

et al. v. Illinois Pollution Control Board,

., No. 04-0977. But

the Board denied the additional relief requested by respondents.

People of the State of Illinois v. Jersey Sanitation Corporation – No

People of the State of Illinois v. Wood River Refining Company –

The Board granted respondent’s motion to modify the September

16, 2004 Board Order.

People of the State of Illinois v. The Highlands, L.L.C., Murphy

Farms, Inc. a/k/a Murphy Family Farms, and Bion Technologies,

Inc. – No action taken.

David and Jacquelyn McDonough v. Gary Robke – The Board

denied complainants’ motion to apply sanctions, and ended stay of

the remedy portion (paragraph 3) of the Board’s order of February

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

Johnson Oil Company v. IEPA – No action taken.

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

People of the State of Illinois v. Edward Pruim, an individual, and

Robert Pruim, an individual – No action taken.

Commonwealth Edison Company v. IEPA – No action taken.

People of the State of Illinois v. Danny Wiegel d/b/a Wiegel’s Tree

Service – The Board granted complainant’s motion for voluntary

dismissal of this air enforcement action involving a Marion County

Heritage FS, Inc. (Property Identification #06-10-06-400-005) v.

IEPA –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 a

portion of Heritage FS, Inc.’s building over the minibulk/package

agrichemical secondary containment structure as a pollution control

facility and dismissed this matter.

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

Association, Inc. – No action taken.

Morton F. Dorothy v. Flex-N-Gate Corporation – No action taken.

People of the State of Illinois v. Randy Oldenberger d/b/a

Environmental Health & Safety – No action taken.

People of the State of Illinois v. Auto Recyclers – C&D

Enterprises, Inc. – The Board accepted for hearing this land

enforcement action involving a site located in Sangamon County.

Russ Taylor 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 Champaign County facility.

People of the State of Illinois v. Petco Petroleum Corporation –

The Board accepted for hearing this land enforcement action

involving a site located in Fayette County.

John F. Nocita v. Application of Greenwood Transfer, L.L.C. for

Transfer Station Local Siting Approval in Village of Maywood,

Illinois – The Board held for a later duplicative/frivolous

determination this third party pollution control facility siting review

involving a Cook County facility.

Illinois State Toll Highway Authority (Lake Forest East CAP/B) 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

Lake County facility.

Illinois State Toll Highway Authority (Lake Forest West CACR) 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

Lake County facility.

Illinois State Toll Highway Authority (Lake Forest West CAP/B) 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

Lake County facility.

Illinois State Toll Highway Authority (Lake Forest East CACR) 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

Lake County facility.

CASES PENDING DECISION

In the Matter of: Petition of Noveon, Inc. for an Adjusted Standard

from 35 Ill. Adm. Code 304.122

OTHER ITEMS

ADJOURNMENT

Moved and seconded, by a vote of 5-0, Chairman Novak adjourned the meeting at 11:20

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

approved the above minutes on November 4, 2004, by a vote of 5-0.