ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
January 20, 2005
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.
ROLL CALL
The Clerk of the Board called the roll.
All Board Members answered present.
APPROVAL OF MINUTES
Minutes of the January 6, 2005 meeting were approved by a vote of 5-0.
RULEMAKINGS
R05-6
In the Matter of: SDWA Update, USEPA Amendments (January 1,
2004 through June 30, 2004) – The Board adopted a final opinion
and order in this “identical-in-substance” rulemaking amending the
Board’s public water supply regulations.
5-0
R, PWS
ADJUSTED STANDARDS
AS 05-2
In the Matter of: Petition of the Village of Bensenville for an
Adjusted Standard from 35 Ill. Adm. Code 620.410 Regarding
Chloride and Lead – The Board granted petitioner’s motions for
expedited review and for filing a reduced number of petition copies.
The Board directed petitioner to file an amended petition curing
specified informational deficiencies within 30 days from the date of
this order, or the Board will dismiss this matter.
5-0
Water
ADMINISTRATIVE CITATIONS
AC 05-5
IEPA v. Robert and Phylis Ulrich and Bob Ulrich Pallet, Inc. – In
response to a joint stipulation and settlement agreement in this
administrative citation action involving a Adams 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.
5-0
AC 05-34
County of LaSalle v. Earl Cazel – The Board found that this
LaSalle County respondent violated Section 21(p)(1) of the Act
(415 ILCS 5/21(p)(1) (2002)), and ordered respondent to pay a civil
penalty of $1,500
.
5-0
AC 05-36
County of Sangamon v. Leland Cole – The Board vacated its order
of January 6, 2005, finding violations as alleged in the
administrative citation action involving a Sangamon County
facility. In response to a late filed joint stipulation and settlement
agreement, the Board found that respondent 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 the
alleged violation of 415 ILCS 5/21(p) (3) (2002).
5-0
AC 05-38
County of Macon, Illinois v. Terry Cripe and Donna Cripe – The
Board on its own motion dismissed this administrative citation for
lack of timely service on respondent.
5-0
AC 05-41
County of Macon, Illinois v. Blue Mound Plumbing – The Board
5-0
2
on its own motion dismissed this administrative citation for lack of
timely service on respondent.
AC 05-42
IEPA v. Knox County Landfill Committee and Greg Ingle – The
Board found that these Knox County respondents violated Section
21(o)(5) of the Environmental Protection Act (415 ILCS 5/21(o)(5)
(2002)), and ordered respondents to pay a civil penalty of $500
.
5-0
AC 05-43
County of Macon, Illinois v. David Beck – No action taken.
AC 05-45
IEPA v. Double S Masonry, Inc., Curtis R. Seei, and Ronald C.
Seei – The Board accepted an administrative citation against these
Henry County respondents.
AC 05-46
IEPA v. Lawrence Krueger – The Board accepted an administrative
citation against this Fayette County respondent.
ADJUDICATORY CASES
Decisions
PCB 01-2
People of the State of Illinois v. National Material L.P. d/b/a
National Lamination Company, and NM Holding – 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
respondents to pay a total civil penalty of $50,000, as well as
avoided permit fees of $7,750 and to cease and desist from further
violations.
5-0
A-E
3
PCB 05-52
People of the State of Illinois v. Safe Lock Storage 2, L.L.C. – In
this water enforcement action concerning a St. Clair 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 $1,000
and to cease and desist from further violations.
5-0
W-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 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 01-43
People of the State of Illinois v. Michael Stringini – The Board
denied this McHenry County respondent’s motion to reconsider the
November 4, 2004 Board order finding violations of the Act and
Board Rules and assessing a $110,00 penalty.
5-0
L-E
PCB 04-162
People of the State of Illinois v. Asbestos Control and
Environmental Services – No action taken.
A-E
PCB 04-185
Midwest Generation EME, L.L.C. v. IEPA – The Board on its own
motion stayed the trade secret appeal pending the outcome of the
appeal pending before the Appellate Court.
5-0
T-S
Appeal
PCB 04-190
Johnson Oil Company v. IEPA – No action taken.
UST
Appeal
4
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 05-55
PCB 05-58
PCB 05-59
(Cons.)
Village of Lake Barrington, Cuba Township, Prairie Rivers
Network, Sierra Club, Beth Wentzel, and Cynthia Skrukrud v.
IEPA and Village of Wauconda; Slocum Lake Drainage District of
Lake County, Illinois v. IEPA and Village of Wauconda, Illinois;
Al Phillips et al. v. IEPA and Village of Wauconda, Illinois – No
action taken.
P-A,
NPDES
PCB 05-65
Russ Taylor 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
Champaign County facility.
5-0
UST
Appeal
PCB 05-66
People of the State of Illinois v. Petco Petroleum Corporation – No
action taken.
Citizens
W-E
PCB 05-68
Illinois State Toll Highway Authority (Lake Forest East CAP/B) 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 Lake County facility.
5-0
UST
Appeal
PCB 05-69
Illinois State Toll Highway Authority (Lake Forest West CACR) 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 Lake County facility.
5-0
UST
Appeal
5
PCB 05-70
Illinois State Toll Highway Authority (Lake Forest West CAP/B) 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 Lake County facility.
5-0
UST
Appeal
PCB 05-71
Illinois State Toll Highway Authority (Lake Forest East CACR) 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 Lake County facility.
5-0
UST
Appeal
PCB 05-92
People of the State of Illinois v. Specialty Promotions, Inc. d/b/a
Specialty Printing 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 05-96
People of the State of Illinois v. Village of North City, Lawrence A.
Lipe & Associates, Inc., Altman-Charter Company, Inc., 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 Altman-
Charter Company, Inc.
5-0
PWS-E
PCB 05-105
Burroughs AG Service, Inc.-Lostant (Property Identification
Number 31-27-307-000) v. IEPA – Because 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 that Burroughs AG Service, Inc.
facilities are pollution control facilities and dismissed this matter.
5-0
T-C
6
PCB 05-107
Burroughs AG Service, Inc.-Wyoming (Property Identification
Number 05-29-300-007) v. IEPA – Because 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 that Burroughs AG Service, Inc.
facilities are pollution control facilities and dismissed this matter.
5-0
T-C
PCB 05-123
People of the State of Illinois v. Cunat, Inc. – The Board accepted
for hearing this water enforcement action involving a site located in
McHenry County.
5-0
W-E
PCB 05-124
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 Sangamon County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 05-125
Red Rooster Corporation f/k/a Clark Retail Enterprises, Inc. (Clark
Oil #2086) 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 Peoria County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 05-126
Red Rooster Corporation f/k/a Clark Retail Enterprises, Inc. (Clark
Oil #2086) 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 Peoria County facility.
5-0
UST
Appeal
90-Day
Ext.
7
CASES PENDING DECISION
R04-22
R04-23
(Cons.)
In the Matter of: Proposed Amendments to Regulation of
Petroleum Leaking Underground Storage Tanks (35 Ill. Adm. Code
732); In the Matter of: Regulation of Petroleum Leaking
Underground Storage Tanks (Proposed new 35 Ill. Adm. Code 734)
– Proposed Rule
Girard
R, Land
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) –
Proposed Rule, Second Notice, Opinion and Order
Novak
Girard
R, Land
PCB 04-79
Bonita Saxbury and Richard Saxbury v. Archer Daniels Midland
Johnson
Citizens
N-E
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 February 3, 2005, by a vote of 4-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
8
