ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
February 3, 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, Member Girard welcomed members of the public and staff.
ROLL CALL
The Clerk of the Board called the roll.
All Board Members answered present except for
Chairman
Novak who was absent.
APPROVAL OF MINUTES
Minutes of the January 20, 2005 meeting were approved by a vote of 4-0.
RULEMAKINGS
R05-4
R05-15
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (January 1, 2004 through June 30, 2004); In the
Matter of: Wastewater Pretreatment Update, USEPA Amendments
(July 1, 2004 through December 31, 2004 and February 1, 2005) –
The Board on its own motion consolidated these “identical-in-
substance” rulemaking dockets and adopted a proposal for public
comment to amend the Board’s wastewater pretreatment
regulations.
4-0
R, Water
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 adopted a second notice opinion and order in this rulemaking
to amend the Board’s land pollution control regulations.
4-0
R, Land
R05-12
In the Matter of: RCRA Subtitle D Update, USEPA Regulations
(July 1, 2004 through December 31, 2004) – The Board dismissed
this reserved identical-in-substance docket because the United
States Environmental Protection Agency did not amend its
municipal solid waste landfill regulations during the update period
of July 1, 2004 through December 31, 2004.
4-0
R, Land
R05-13
In the Matter of: RCRA Subtitle C Update, USEPA Regulations
(July 1, 2004 through December 31, 2004) – The Board dismissed
this reserved identical-in-substance docket because the United
States Environmental Protection Agency did not amend its
hazardous waste regulations during the update period of July 1,
2004 through December 31, 2004.
4-0
R, Land
R05-14
In the Matter of: UST Update, USEPA Regulations (July 1, 2004
through December 31, 2004) – The Board dismissed this reserved
identical-in-substance docket because the United States
Environmental Protection Agency did not amend its exemptions
from the definition of underground storage tank during the update
period of July 1, 2004 through December 31, 2004.
4-0
R, Land
R05-17
In the Matter of: SDWA Update, USEPA Amendments (July 1,
2004 through December 31, 2004) – The Board dismissed this
reserved identical-in-substance docket because the United States
Environmental Protection Agency did not amend its public water
supply regulations during the update period of July 1, 2004 through
December 31, 2004.
4-0
R, PWS
2
R05-18
In the Matter of: UIC Update, USEPA Regulations (July 1, 2004
through December 31, 2004) – The Board dismissed this reserved
identical-in-substance docket because the United States
Environmental Protection Agency did not amend its underground
injection control regulations during the update period of July 1,
2004 through December 31, 2004.
4-0
R, Land
ADJUSTED STANDARDS
AS 05-3
In the Matter of: Waste Management of Illinois, Inc. for RCRA
Waste Delisting Under 35 Ill. Adm. Code 720.122 for Solid
Treatment Residual from CID Recycling and Disposal Facility
Biological Liquid Treatment Center – Pending receipt of the
certificate of publication, the Board held this DuPage County
facility’s petition for an adjusted standard from the Board’s
hazardous waste regulations.
ADMINISTRATIVE CITATIONS
AC 04-22
County of Vermilion, Illinois v. Village of Tilton – The Board
entered a final opinion and order requiring respondent to pay
hearing costs of the County of Vermilion and the Board in the
amount of $330.50 and a civil penalty of $1,500. This order
follows the Board's interim order of December 16, 2004, which
found that this respondent had violated Section 21(p)(3) of the
Environmental Protection Act (415 ILCS 5/21(p)(3).
4-0
AC 05-32
IEPA v. James A. Haas, Jr. – The Board granted parties’ joint
motion to vacate the December 16, 2004 Board Order. The Board
accepted the parties’ settlement agreement and granted the motion
for voluntary withdrawal of the administrative citation.
4-0
AC 05-44
IEPA v. Donald Eichen – The Board accepted for hearing this
petition for review of an administrative citation against this
Macoupin County respondent.
4-0
AC 05-47
IEPA v. Stacy Hess – The Board accepted an administrative
citation against this Tazewell County respondent.
3
AC 05-48
County of Jackson v. Southern Illinois Regional Landfill, Inc.,
Doug Ticer, and George Browning – The Board accepted an
administrative citation against these Jackson County respondents.
AC 05-49
IEPA v. Landers’ Children Family, L.L.C. and Ray Landers – The
Board accepted an administrative citation against these
Sangamon County respondents.
AC 05-50
IEPA v. Knox County Landfill Committee and Greg Ingle –The
Board accepted an administrative citation against these
Knox County respondents.
ADJUDICATORY CASES
Decisions
PCB 97-2
People of the State of Illinois v. Jersey Sanitation Corporation –The
Board found that respondent violated various sections of the
Environmental Protection Act and the Board regulations over a 13
year period. The Board ordered the respondent to pay a total civil
penalty of $65,000 and $24,100 to the Office of the Attorney
General. The Board also denied complainant’s motion for
sanctions and upheld the hearing officer’s rulings at hearing.
4-0
L&W-E
PCB 01-28
People of the State of Illinois v. Plastic Decorators, Inc. – In this air
enforcement action concerning a Kane 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 $75,000 and to cease and
desist from further violations.
4-0
A-E
PCB 04-79
Bonita Saxbury and Richard Saxbury v. Archer Daniels Midland –
The Board found that respondent did not violate Section 24 of the
Environmental Protection Act (415 ILCS 24 (2002) and 35 Ill.
Adm. Code 900.102 of the Board’s regulations.
4-0
Citizens
N-E
4
Motions and Other Matters
PCB 99-187
Gina Pattermann v. Boughton Trucking and Materials, Inc. – No
action taken.
A&N-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 00-141
E.G. Vogt Oil Company, Inc. v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Madison County facility.
4-0
UST
Appeal
PCB 04-50
People of the State of Illinois v. MacMurray College – 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 Morgan County facility, the
Board ordered publication of the required newspaper notice.
4-0
A-E
PCB 04-94
People of the State of Illinois v. Hauck Homes, Inc. d/b/a Rock
River Estates Mobile Home Park – 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 Lee County facility, the Board
ordered publication of the required newspaper notice.
4-0
W-E
PCB 04-162
People of the State of Illinois v. Asbestos Control and
Environmental Services – No action taken.
A-E
PCB 04-190
Johnson Oil Company v. IEPA – No action taken.
UST
Appeal
5
PCB 04-207
PCB 97-193
People of the State of Illinois v. Edward Pruim an individual, and
Robert Pruim, an individual; People v. Community Landfill
Company, Inc. – No action taken.
L-E
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 05-8
People of the State of Illinois v. Village of Capron – 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 Boone County facility,
the Board ordered publication of the required newspaper notice.
4-0
PWS-E
PCB 05-29
Mather Investment Properties, L.L.C. v. Illinois State Trapshooters
Association, Inc. – No action taken.
Citizens
Land-E
PCB 05-32
People of the State of Illinois v. GTC, International – No action
taken.
A-E
PCB 05-49
Morton F. Dorothy v. Flex-N-Gate Corporation – The Board denied
respondent’s motion to dismiss and accepted this citizen
enforcement action involving a Champaign County for hearing.
4-0
Citizens
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 – The
Board declined to accept the stipulation and proposal for settlement
and dismissal of PCB 05-55. The consolidated cases must proceed
to hearing on February 10, 2005 as scheduled.
4-0
P-A,
NPDES
6
PCB 05-66
People of the State of Illinois v. Petco Petroleum Corporation – The
Board denied respondent’s motion to dismiss this enforcement
action involving a Fayette County.
4-0
Citizens
W-E
PCB 05-73
City of Sullivan v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Moultrie County
facility.
4-0
UST
Appeal
PCB 05-76
Kramer’s Service Station 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 Vermilion County facility.
4-0
UST
Appeal
PCB 05-84
Gateway FS, Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Randolph County
facility.
4-0
UST
Appeal
PCB 05-127
Richard Karlock v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Vermilion County
facility.
4-0
UST
Appeal
PCB 05-128
A&R, Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Cook County facility.
4-0
UST
Appeal
PCB 05-129
Ken Maschoff-Bath (Property Identification Number 22-16-200-
001) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Ken Maschoff located in Mason
County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2002)).
4-0
T-C
7
PCB 05-130
Saluki Farms, L.L.C. (Property Identification Number 06-08-08-
300-004) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Saluki Farms, L.L.C. located in
Washington County are pollution control facilities for the purpose
of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2002)).
4-0
T-C
PCB 05-131
Mach III Farms, L.L.C. (Property Identification Number 23-03-
200-001) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Mach III Farms, L.L.C. located
in Mason County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2002)).
4-0
T-C
PCB 05-132
Laning Properties, L.L.C. (Property Identification Number 01-004-
008-00) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Laning Properties, L.L.C.
located in Brown County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2002)).
4-0
T-C
PCB 05-133
Spoon River FS, Inc. d/b/a Riverland FS, Inc. (Maquon) (Property
Identification Number 1903126001) 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)).
4-0
T-C
8
PCB 05-134
Lewis Properties, L.L.C. (Property Identification Number 03-08-
200-005) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Lewis Properties, L.L.C. located
in Clay County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2002)).
4-0
T-C
PCB 05-135
Spoon River FS, Inc. d/b/a Riverland FS, Inc. (Wataga) (Property
Identification Number 0616205001) 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)).
4-0
T-C
PCB 05-136
Mach III Farms, L.L.C. (Property Identification Number 16-21-
400-002) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Mach III Farms, L.L.C. located
in Mason County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2002)).
4-0
T-C
PCB 05-137
Mach III Farms, L.L.C. (Property Identification Number 22-16-
200-001) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Mach III Farms, L.L.C. located
in Mason County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2002)).
4-0
T-C
9
PCB 05-138
BP Products North America, Inc. v. IEPA – The Board granted this
request for a 90-day extension of time to file a Resource
Conservation and Recovery Act appeal on behalf of this Madison
County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 05-139
People of the State of Illinois v. Bath, Inc. – The Board accepted for
hearing this land enforcement action involving a site located in
Mason County.
4-0
L-E
PCB 05-140
McLean Properties, L.L.C. (Property Identification Number 34-05-
200-005) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of McLean Properties, L.L.C.
located in McLean County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2002)).
4-0
T-C
PCB 05-141
McLean Properties, L.L.C. (Property Identification Number 07-16-
01-00-300-005) v. IEPA - Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of McLean Properties,
L.L.C. located in Clark County are pollution control facilities for
the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2002)).
4-0
T-C
PCB 05-142
McLean Properties, L.L.C. (Property Identification Number 09-
003-002-60) v. IEPA - Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of McLean Properties, L.L.C.
located in Logan County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2002)).
4-0
T-C
10
PCB 05-143
Bay Creek 1 Investments, L.L.C. (Property Identification Numbers
46-064-02 and 46-064-03) v. IEPA - Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Bay Creek 1
Investments, L.L.C. located in Pike County are pollution control
facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2002)).
4-0
T-C
PCB 05-144
Bay Creek 3 Investments, L.L.C. (Property Identification Number
73-002-09A) v. IEPA - Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Bay Creek 3 Investments, L.L.C.
located in Pike County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2002)).
4-0
T-C
PCB 05-145
Bay Creek 2 Investments, L.L.C. (Property Identification Number
73-001-04A) v. IEPA - Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Bay Creek 2 Investments, L.L.C.
located in Pike County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2002)).
4-0
T-C
PCB 05-146
McLean Properties, L.L.C. (Property Identification Number 34-11-
100-001) v. IEPA - Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of McLean Properties, L.L.C.
located in McLean County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2002)).
4-0
T-C
11
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, First Notice, Opinion and Order
Girard
R, UST
R04-26
In the Matter of: Interim Phosphorus Effluent Standard, Proposed
35 Ill. Adm. Code 304.123(g-k) – Proposed Rule, First Notice,
Opinion and Order
Johnson
R, Water
ADJOURNMENT
Moved and seconded, by a vote of
4-0, Chairman Novak adjourned the meeting at 11:45
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on February 17, 2005, by a vote of 5-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
12
