ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
December 2, 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 November 18, 2004 meeting were approved by a vote of 5-0.
RULEMAKINGS
R04-24
In the Matter of: Amendments to the Board’s Procedural Rules to
Accommodate New Statutory Provisions: 35 Ill. Adm. Code 101-
130 – The Board adopted a second notice opinion and order in this
rulemaking to amend the Board’s procedural regulations.
5-0
R, Proc.
Rules
R05-9
In the Matter of: Setback Zone for City of Marquette Heights
Community Water Supply, New 35 Ill. Adm. Code 618 – The
Board accepted for hearing the Illinois Environmental Protection
Agency’s November 5, 2004 proposal to amend the Board’s public
water supply regulations.
5-0
R, PWS
R05-10
In the Matter of: Bacteria (E-Coli) Water Quality Standard for
Lake Michigan and Mississippi River, Proposed Amendments to 35
Ill. Adm. Code 302 and 303 – No action taken.
R, Water
R05-11
In the Matter of: Amendments to Emissions Reduction Market
System, 35 Ill. Adm. Code 205 and 211) – The Board accepted for
hearing the Illinois Environmental Protection Agency’s November
19, 2004 proposal to amend the Board’s air pollution control
regulations. The Board granted petitioner’s motion for expedited
consideration and adopted a proposal for public comment.
5-0
R, Air
ADJUSTED STANDARDS
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) – The Board directed petitioner to file proof of
publication by December 30, 2004, or this petition will be
dismissed.
5-0
Air
ADMINISTRATIVE CITATIONS
AC 04-13
City of Chicago Department of Environment v. Eddie Greer – The
Board entered a final order requiring respondent to pay
the Board
hearing costs in the amount of $374.40 and a civil penalty of
$3,000. This order follows the Board's interim order of September
16, 2004, which found that this respondent had violated Sections
21(p)(1) and (p)(7) of the Environmental Protection Act (415 ILCS
5/21(p)(1), (p)(7) (2002)) at his Cook County facility.
5-0
2
AC 04-34
IEPA v. Troy Williamson and Swords Veneer and Lumber
Company – In response to a joint stipulation and settlement
agreement in this administrative citation action involving a Henry
County facility, the Board found that respondents had violated
Section 21(p)(1) of the Environmental Protection Act (415 ILCS
5/21(p)(1) (2002)) and ordered respondents to pay a civil penalty of
$1,500. The Board also granted the parties’ joint motion to dismiss
respondents’ petition for review and the alleged violations of 415
ILCS 5/21(p) (4), (7) (2002).
5-0
AC 04-61
IEPA v. Florence Propheter and Propheter Construction Co. - In
response to a joint stipulation and settlement agreement in this
administrative citation action involving a Whiteside County
facility, the Board found that respondents had 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
respondents’ petition for review and the alleged violations of 415
ILCS 5/21(p) (4), (7) (2002).
5-0
AC 04-89
AC 04-90
AC 04-91
IEPA v. Earl and Norma Martin – The Board granted complainant’s
motion to consolidate these administrative citations involving a
Knox County facility.
5-0
AC 05-25
County of Montgomery v. Ronald F. Simmons – The Board on its
own motion dismissed this administrative citation for lack of timely
service on respondent.
5-0
AC 05-26
County of Montgomery v. Michael Schwab – The Board on its own
motion dismissed this administrative citation for lack of timely
service on respondent.
5-0
AC 05-33
IEPA v. Leo and Debra Harn – The Board accepted for hearing this
petition for review of an administrative citation against these
McDonough County respondents.
5-0
3
AC 05-37
City of Chicago Department of Environment v. AAA Dollar
Disposal, Inc. – The Board accepted an administrative citation
against this Cook County respondent.
AC 05-38
County of Macon, Illinois v. Terry Cripe and Donna Cripe – The
Board accepted an administrative citation against these Macon
County respondents.
AC 05-39
County of Macon, Illinois v. Richard Webb and Teresa Webb – The
Board accepted an administrative citation against these Macon
County respondents.
AC 05-40
IEPA v. Northern Illinois Service Company – The Board accepted
an administrative citation against this Winnebago County
respondent.
AC 05-41
County of Macon, Illinois v. Blue Mound Plumbing – The Board
accepted an administrative citation against this Macon County
respondent.
ADJUDICATORY CASES
Decisions
PCB 04-101
People of the State of Illinois v. DuPage Machine Products, Inc. –
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 $37,500 and to
cease and desist from further violations.
5-0
A-E
Motions and Other Matters
4
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt Co., Inc.,
and Richard J. Frederick – No action taken.
Johnson
W-E
PCB 97-2
People of the State of Illinois v. Jersey Sanitation Corporation – No
action taken.
L&W-E
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 01-2
People of the State of Illinois v. National Material L.P. d/b/a
National Lamination Company, and NM Holding, 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.
5-0
A-E
PCB 02-115
People of the State of Illinois v. Blue Ridge Construction
Corporation – No action taken.
A&W-E
PCB 04-90
A & R, Inc. v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal
involving a Cook County facility.
5-0
UST
Appeal
PCB 04-108
Midwest Generation, L.L.C. (Collins Generating Station) v. IEPA –
The Board granted petitioner’s motion for voluntary dismissal of
this permit appeal involving a Grundy County facility.
5-0
P-A, Air
PCB 04-162
People of the State of Illinois v. Asbestos Control and
Environmental Services – No action taken.
A-E
5
PCB 04-183
PCB 04-190
(not cons.)
Johnson Oil Company v. IEPA – No action taken.
UST
Appeal
PCB 04-215
PCB 04-216
(not cons.)
Commonwealth Edison Company v. IEPA
Midwest Generation EME, L.L.C. v. IEPA – No action taken.
T-S
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 and Safety – No action taken.
A-E
PCB 05-54
Rock Road Companies, Inc. v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this permit appeal
involving a Winnebago County facility.
5-0
P-A, Air
PCB 05-93
York High Neighborhood Committee (a voluntary organization)
Janet and Fred Hodge, Patricia and David Bennett, Sheila and Mike
Trant, Joe Vosicky, Jean and Peter Conroy, Frank Soldano, Joseph
Reamer, Elizabeth and Charles Laliberte v. Elmhurst Public
Schools, District 205 – The Board held for a later
duplicative/frivolous determination this citizens’ noise enforcement
action involving a DuPage County facility.
Citizens
N-E
PCB 05-94
APS Properties 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 Macon County facility.
5-0
UST
Appeal
90-Day
Ext.
6
PCB 05-95
People of the State of Illinois v. Wienmar, Inc. d/b/a Marble Works
– The Board accepted for hearing this air enforcement action
involving a site located in Kane County.
5-0
A-E
PCB 05-96
People of the State of Illinois v. Village of North City, Lawrence A.
Lipe & Associates, Inc., Altman-Charter Company, and Furlong
Excavating, Inc. – 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 Franklin County facility, the Board ordered
publication of the required newspaper notice as to Lipe &
Associates, Inc. only. The Board accepted for hearing this
complaint for hearing as to all respondents.
5-0
PWS-E
PCB 05-97
Henson Oil Co. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a McLean County
facility.
5-0
UST
Appeal
PCB 05-98
People of the State of Illinois v. Oasis Industries, Inc., an Illinois
corporation – The Board accepted for hearing this air enforcement
action involving a site located in Kane County.
5-0
A-E
PCB 05-99
People of the State of Illinois v. James Zeller, Thomas Zeller, and
Matthew Short – The Board accepted for hearing this air and land
enforcement action involving a site located in Williamson County.
5-0
A&L-E
PCB 05-100
Estate of Irene Steinheimer 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 Morgan County facility.
5-0
UST
Appeal
90-Day
Ext.
7
PCB 05-101
Mac’s Convenience Stores, L.L.C. 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 Will County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 05-102
Village of Crainville 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 Williamson County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 05-103
People of the State of Illinois v. Marc Realty, Inc. (55 E. Jackson
L.L.C) – The Board accepted for hearing this air enforcement
action involving a site located in Cook County.
5-0
A-E
CASES PENDING DECISION
R04-12
R04-20
(cons.)
In the Matter of: Technical Correction to Formulas in 35 Ill. Adm.
Code 214 “Sulfur Limitations”; In the Matter of: Clean-Up Part III,
Amendments to 35 Ill. Adm. Code Part 211, 218, and 219 –
Proposed Rule, First Notice, Opinion and Order
Moore
R, Air
R05-1
In the Matter of: RCRA Subtitle D Update, USEPA Regulations
(January 1, 2004 through June 30, 2004) – Proposed Rule, Proposal
for Public Comment, Proposed Opinion and Order
Girard
R, Land
R05-2
In the Matter of: RCRA Subtitle C (Hazardous Waste) Update,
USEPA Amendments (January 1, 2004 through June 30, 2004) –
Proposed Rule, Proposal for Public Comment, Opinion and Order
Girard
R, Land
8
ADJOURNMENT
Moved and seconded, by a vote of
5-0, Chairman Novak adjourned the meeting 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 December 16, 2004, by a vote of 5-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
9
