ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
January 6, 2005
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 December 16, 2004 meeting were approved by a vote of 5-0.
RULEMAKINGS
R05-1
In the Matter of: RCRA Subtitle D Update, USEPA Regulations
(January 1, 2004 through June 30, 2004) – The Board adopted a
proposal for public comment in this “identical-in-substance”
rulemaking to amend the Board’s municipal solid waste landfill
regulations.
5-0
R, Land
ADJUSTED STANDARDS
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
granted this St. Clair County petitioner an adjusted standard, with
conditions, from Class I groundwater quality standards for arsenic,
iron, lead, and manganese.
5-0
Water
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 dismissed this petition for an adjusted
standard for petitioner’s failure to timely publish notice of the filing
of the petition by advertisement in a newspaper of general
circulation in the area likely to be affected, as required by Section
28.1 of the Environmental Protection Act (415 ILCS 5/28.1(d)(1)
(2002)).
5-0
Air
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 – Pending receipt of the
certificate of publication, the Board held this DuPage
County facility’s petition for an adjusted standard from the
Board’s groundwater quality standards.
Water
ADMINISTRATIVE CITATIONS
AC 04-84
IEPA v. City of Salem, Roger Kinney, Dick Brown and Jason
Bruce – In response to a joint stipulation and settlement agreement
in this administrative citation action involving a Marion County
facility, the Board found 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. The Board
also granted the parties’ joint motion to dismiss respondents’
petition for review and the alleged violation of 415 ILCS 21(o)(12)
(2002).
5-0
AC 05-31
IEPA v. Guiffre II, L.L.C. – The Board found that this Winnebago
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 $6,000, as these offense were subsequent to a
previous finding of violation
.
5-0
2
AC 05-35
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 05-36
County of Sangamon v. Leland Cole – The Board found that this
Sangamon County respondent violated Sections 21(p)(1) and (p)(3)
of the Act (415 ILCS 5/21(p)(1), (p)(3) (2002)), and ordered
respondent to pay a civil penalty of $3,000
.
5-0
AC 05-37
City of Chicago Department of Environment v. AAA Dollar
Disposal, 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 respondent to pay a civil
penalty of $3,000
.
5-0
AC 05-39
County of Macon, Illinois v. Richard Webb and Theresa Webb –
The Board found that these Macon County respondents 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 05-40
IEPA v. Northern Illinois Service Company – The Board directed
respondent to file an amended petition for review accompanied by
an attorney’s appearance and specifying the grounds for appeal
within 30 days from the date of this order, or the Board will dismiss
this matter.
5-0
AC 05-44
IEPA v. Donald Eichen – The Board accepted an administrative
citation against this Winnebago County respondent.
3
ADJUDICATORY CASES
Decisions
PCB 04-136
People of the State of Illinois v. Cromwell-Phoenix, 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 $60,000 and to
cease and desist from further violations.
5-0
A-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 01-28
People of the State of Illinois v. Plastic Decorators, 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 Kane County facility, the Board
ordered publication of the required newspaper notice.
5-0
A-E
PCB 01-43
People of the State of Illinois v. Michael Stringini – No action
taken.
Johnson
L-E
4
PCB 01-46
PCB 01-51
XCTC Limited Partnership v. IEPA; Georgia-Pacific Tissue, L.L.C.
v. IEPA – The Board granted petitioner’s motion for voluntary
dismissal of XCTC Limited Partnership v. IEPA PCB 01-46, a
permit appeal involving a Cook County facility. The remaining
case Georgia-Pacific Tissue, L.L.C. v. IEPA PCB 01-51 is not
dismissed and remains pending before the Board.
5-0
P-A, Air
PCB 03-59
Midwest Petroleum Company d/b/a Godfrey Sunoco v. IEPA – The
Board granted petitioner’s motion for voluntary dismissal of this
underground storage tank appeal involving a Madison County
facility.
5-0
UST
Appeal
PCB 04-5
Lincoln Land FS, Inc. v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Menard County facility.
5-0
UST
Appeal
PCB 04-162
People of the State of Illinois v. Asbestos Control and
Environmental Services – No action taken.
A-E
PCB 04-183
PCB 04-190
(not cons.)
Johnson Oil Company v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of PCB 04-183, an underground
storage tank appeal involving a Madison County facility. This
decision renders moot petitioner’s pending motion to consolidate
and the respondent’s pending motion to reconsider and dismiss in
PCB 04-183. The remaining case PCB 04-190 is not dismissed,
respondents motion to reconsider and dismiss remain pending
before the Board.
5-0
UST
Appeal
PCB 04-185
Midwest Generation EME, L.L.C. v. IEPA – No action taken.
T-S
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
Citizens
5
Association, Inc. – No action taken.
Land-E
PCB 05-48
Illinois Ayers Oil Co. v. IEPA – The Board dismissed this petition
for review for lack of jurisdiction, as it was not timely filed.
5-0
UST
Appeal
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 – The Board accepted
complainant’s amended petition in this enforcement action.
Because this action dismissed respondent Oldenberger,
respondent’s motion to dismiss is moot.
5-0
A-E
PCB 05-57
Wayne Swanson & Dennis Swanson 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 Kane County facility.
5-0
UST
Appeal
PCB 05-61
Harold Hart Service v. IEPA – The Board directed respondent to
file an amended petition for review specifying the grounds for
appeal within 30 days from the date of this order, or the Board will
dismiss this matter.
5-0
UST
Appeal
PCB 05-66
People of the State of Illinois v. Petco Petroleum Corporation – No
action taken.
Citizens
W-E
PCB 05-78
People of the State of Illinois v. Ralph Stone, Mayor of the Village
of Gorham – 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 Jackson
County facility, the Board ordered publication of the required
newspaper notice.
5-0
A-E
PCB 05-93
York High Neighborhood Committee (a voluntary organization)
5-0
6
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 found that the alleged violations
in the complaint were neither duplicative nor frivolous and
accepted for hearing this matter involving a DuPage County
facility.
Citizens
N-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 as to Furlong Excavating, Inc. only, 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.
5-0
PWS-E
PCB 05-105
Burroughs AG Service, Inc.-Lostant (Property Identification
Number 31-27-307-000) v. IEPA – No action taken.
T-C
PCB 05-107
Burroughs AG Service, Inc.-Wyoming (Property Identification
Number 05-29-300-007) v. IEPA – No action taken.
T-C
PCB 05-111
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 05-112
Adair AF, L.L.C. (Adair) (Property Identification Number 14-000-
131-05) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Adair AF, L.L.C. located in
McDonough County are pollution control facilities for the purpose
of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2002)).
5-0
T-C
PCB 05-113
Spoon River FS, Inc. d/b/a Riverland FS, Inc. (Ellisville) (Property
5-0
7
Identification Number 06-05-01-200-01) v. IEPA – Upon receipt of
the Illinois Environmental Protection Agency’s recommendation,
the Board found and certified that specified facilities of Spoon
River FS, Inc. d/b/a Riverland FS, Inc. located in Fulton County are
pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10
(2002)).
T-C
PCB 05-114
Spoon River FS, Inc. d/b/a Riverland FS, Inc. (Williamsfield)
(Property Identification Number 1223451001) v. IEPA – Upon
receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Spoon River FS, Inc. d/b/a Riverland FS, Inc. located in
Knox County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2002)).
5-0
T-C
PCB 05-115
Reed’s 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 White County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 05-116
Beckman 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 Marion County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 05-117
People of the State of Illinois v. City of Cairo – The Board accepted
for hearing this water enforcement action involving a site located in
Alexander County.
5-0
L-E
8
PCB 05-118
Illinois State Toll Highway Authority (Belvidere North Reimb.) 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
Boone County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 05-119
Southern Illinois Power Cooperative (Low Sulfur Dioxide Emission
Coal Fueled Device) (Property Identification Number 10-26-200-
002) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Southern Illinois Power
Cooperative located in Williamson County are pollution control
facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2002)).
5-0
T-C
PCB 05-120
Marathon Ashland Petroleum, L.L.C. (Selective Catalytic
Reduction Unit) (Property Identification Number 51-34-1-21 or
portion thereof) v. IEPA - Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Marathon Ashland
Petroleum, L.L.C. located in Crawford County are pollution control
facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2002)).
5-0
T-C
PCB 05-121
Marathon Ashland Petroleum, L.L.C. (FCCU Flue Gas Wet
Scrubber System) (Property Identification Number 51-34-1-21 or
portion thereof) v. IEPA - Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Marathon Ashland
Petroleum, L.L.C. located in Crawford County are pollution control
facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2002)).
5-0
T-C
9
PCB 05-122
Exxon Mobil Corporation (Ultra Low Sulfur Diesel Project)
(Property Identification Number 1022-100-006-0010) v. IEPA -
Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Exxon Mobil Corporation located in Will County are
pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10
(2002)).
5-0
T-C
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
R05-6
In the Matter of: SDWA Update, USEPA Amendments (January 1,
2004 through June 30, 2004) – Adopted Rule, Final Order, Opinion
and Order
Johnson
R, PWS
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 January 20, 2005, by a vote of 5-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
10
