ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
November 4, 2004 Chicago/Springfield Videoconference
CHICAGO OFFICE - 100 W. Randolph Street
Videoconference Room 11-512
and
SPRINGFIELD OFFICE – 1021 N. Grand Avenue East
Oliver Holmes Conference Room 2012 N – Second Floor
11:00 A.M.
ANNOUNCEMENTS
After calling the meeting to order, Chairman
Novak welcomed members of the public and staff.
ROLL CALL
The Clerk of the Board called the roll.
All Board Members answered present.
APPROVAL OF MINUTES
Minutes of the October 21, 2004 meeting were approved by a vote of 5-0.
RULEMAKINGS
R05-8
In the Matter of: Mercury Wastes Under PA 93-0964:
Amendments to Standards for Universal Waste Management (35
Ill. Adm. Code Parts 703, 720, 721, 724, 725, 728, and 733) – The
Board accepted for hearing the Illinois Environmental Protection
Agency’s October 19, 2004 proposal to amend the Board’s land
pollution control regulations. The Board adopted a proposal for
public comment.
5-0
R, Land
ADJUSTED STANDARDS
AS 02-5
In the Matter of: Petition of Noveon, Inc. for an Adjusted Standard
from 35 Ill. Adm. Code 304.122 – The Board granted this Marshall
County petitioner an adjusted standard, with conditions, from the
ammonia effluent limit.
5-0
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 – The
Board accepted petitioners’ amended petition, and on the Board’s
own motion set it for hearing.
5-0
Land
AS 05-1
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.
Air
ADMINISTRATIVE CITATIONS
AC 04-27
IEPA v. Douglas S. Carrico d/b/a Carrico’s Auto Heap – The Board
entered a final opinion and order requiring respondent to pay
hearing costs of the Illinois Environmental Protection Agency and
the Board in the amount of $390.89 and a civil penalty of $1,500.
This order follows the Board's interim order of September 2, 2004,
which found that this respondent had violated Section 21(p)(1) of
the Environmental Protection Act (415 ILCS 5/21(p)(1) (2002)) at
his Greene County facility.
5-0
AC 04-46
IEPA v. Christopher Coleman – The Board entered an interim
opinion and order finding respondent violated Sections 21(p)(1)
and 21(p)(7) of the Environmental Protection 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 hearing
costs, supported by affidavit, with service on respondent.
5-0
2
AC 05-4
IEPA v. G.T.&L., Inc. – The Board dismissed this petition for
review due to respondent’s failure to file an amended petition
curing deficiencies. The Board found that this Cook County
respondent violated Sections 21(p)(1) and (p)(7) of the Act (415
ILCS 5/21(p)(1), (p)(7) (2002)), and ordered respondent to pay a
civil penalty of $3,000
.
5-0
AC 05-21
IEPA v. Willis E. Farley, Jr. – The Board found that this Mason
County respondent violated Sections 21(p)(1) and (p)(7) of the Act
(415 ILCS 5/21(p)(1), (p)(7) (2002)), and ordered respondent to
pay a civil penalty of $3,000
.
5-0
AC 05-22
County of Sangamon v. James Withers – The Board found that this
Sangamon 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
.
5-0
AC 05-24
City of Chicago Department of Environment v. Richland Group
Enterprises, Inc. – The Board found that this Cook County
respondent violated Sections 21(p)(1) and (p)(7) of the Act (415
ILCS 5/21(p)(1), (p)(7) (2002)), and ordered respondents to pay a
civil penalty of $3,000
.
5-0
AC 05-27
IEPA v. Lee County Landfill SC, L.L.C. and Dave Geier – The
Board found that these Lee County respondents violated Section
21(o)(5) of the Environmental Protection Act (415 ILCS 5/21(o)(5)
(2002)), and ordered respondent to pay a civil penalty of $500
.
5-0
AC 05-32
IEPA v. James Haas, Jr. – The Board accepted an administrative
citation against this Carroll County respondent.
AC 05-33
IEPA v. Leo and Debra Harn – The Board accepted an
administrative citation against these McDonough County
respondents.
3
AC 05-34
County of LaSalle v. Earl Cazel – The Board accepted an
administrative citation against this LaSalle County respondent.
ADJUDICATORY CASES
Decisions
PCB 01-43
People of the State of Illinois v. Michael Stringini –The Board
found that respondent violated 415 ILCS 21(a),(e) and (f) (2002);
and 35 Ill. Adm. Code 703.121, 703.150, 724.194(a), 725.113(b),
725.114, 725.115(a) and (b), 725.131, 725.173, 725.190, 725.271,
725.273(a) and (b), 725.274, 725.351, and 728.150(a). The Board
ordered respondent to pay a total civil penalty of $110,000 and to
cease and desist from further violations.
5-0
RCRA-E
PCB 04-227
People of the State of Illinois v. Rogers Development Company –
In this water enforcement action concerning a WinnebagoCounty
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 $5,000
and to cease and desist from further violations.
5-0
W-E
Motions and Other Matters
PCB 91-17
Noveon, Inc. v. IEPA – The Board denied petitioner’s motion for
oral arguments for reconsideration of the Board’s September 16,
2004 order, affirming the Illinois Environmental Protection
Agency’s inclusion of condition’s in petitioner’s National Pollutant
Discharge Elimination System permit.
5-0
P-A,
Water
PCB 97-2
People of the State of Illinois v. Jersey Sanitation Corporation – No
action taken.
L&W-E
4
PCB 00-104
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.
A-E
PCB 01-102
Cassen and Sons, Inc. 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 04-101
People of the State of Illinois v. DuPage Machine Products, 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 DuPage County facility,
the Board ordered publication of the required newspaper notice.
5-0
A-E
PCB 04-183
PCB 04-190
(not cons.)
Johnson Oil Company v. IEPA – No action taken.
UST
Appeal
PCB 04-185
Midwest Generation EME, Inc. v. IEPA – The Board denied the
Sierra Club’s motion to intervene and petitioner’s motion to
partially reconsider the Board order of May 6, 2004. The Board
also ordered a limited remand to Illinois Environmental Protection
Agency (Agency) for the Agency to specify its reasoning for
denying trade secret protection.
5-0
T-S
Appeal
PCB 04-207
People of the State of Illinois v. Edward Pruim, an individual, and
Robert Pruim, an individual – The Board denied respondents’
motion to dismiss the complaint.
5-0
L-E
PCB 04-215
PCB 04-216
Commonwealth Edison Company v. IEPA – No action taken.
T-S
Appeal
5
PCB 04-224
People of the State of Illinois v. Heritage FS, 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 Kankakee County facility, the
Board ordered publication of the required newspaper notice.
5-0
W-E
PCB 05-15
Bill Carter d/b/a Carter Convenience v. IEPA – The Board accepted
for hearing this underground storage tank appeal involving a White
County facility.
5-0
UST
Appeal
PCB 05-16
Royer Oil (Sorento Garage) v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a Bond
County facility.
5-0
UST
Appeal
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 – No action taken.
A&L-E
PCB 05-51
People of the State of Illinois v. Randy Oldenberger d/b/a
Environmental Health & Safety – No action taken.
A-E
PCB 05-54
Rock Road Companies, Inc. v. IEPA – No action taken.
P-A, Air
PCB 05-67
John F. Nocita v. Application of Greenwood Transfer, L.L.C. for
Transfer Station Local Siting Approval in Village of Maywood,
Illinois – The Board on its own motion dismissed this petition for
review, finding that the Board lacks jurisdiction under the
Environmental Protection Act to hear this appeal.
5-0
P-C-F-S-R
3
rd
party
PCB 05-72
Robert and Tony Thompson v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving an
Alexander County facility.
5-0
UST
Appeal
6
PCB 05-73
City of Sullivan 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 Moultrie County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 05-74
Hartford Working Group v. IEPA – The Board accepted for hearing
this permit appeal involving a Madison County facility. No action
was taken on petitioner’s motion to stay effectiveness of the
contested permit conditions.
5-0
P-A, Air
PCB 05-75
People of the State of Illinois v. Dennis Elahi d/b/a Paramount
Management and Construction Company – 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.
5-0
A-E
PCB 05-76
Kramer’s Service Station 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 Vermilion County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 05-77
Wiseman/PJ’s Shortstop v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving an Edgar County
facility.
5-0
UST
Appeal
CASES PENDING DECISION
OTHER ITEMS
7
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Novak adjourned the meeting at 11:30
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on November 18, 2004, by a vote of 5-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
8
