ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
MARCH 3, 2005 SPRINGFIELD OFFICE
1021 N. Grand Avenue East
Conference Room 1244 N, First 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 February 17, 2005 meeting were approved by a vote of 4-0. Chairman Novak
abstained.
RULEMAKINGS
R05-2
In the Matter of: RCRA Subtitle C Update, USEPA Amendments
(January 1, 2004 through June 30, 2004 and October 25, 2004) –
The Board adopted a final opinion and order in this “identical-in-
substance” rulemaking amending the Board’s hazardous waste
regulations.
5-0
R, Land
R05-16
In the Matter of: Definition of VOM Update, USEPA Amendments
(July 1, 2004 through December 31, 2004) – The Board adopted a
proposal for public comment in this “identical-in-substance”
rulemaking to amend the Board’s volatile organic material
regulations.
5-0
R, Air
R05-19
In the Matter of: Proposed Amendments to Exemptions from State
Permitting Requirements (35 Ill. Adm. Code 201.146) – No action
taken.
R, Air
ADJUSTED STANDARDS
AS 04-2
In the Matter of: Petition of Jo'lyn Corporation and Falcon Waste
and Recycling, Inc. for an Adjusted Standard from Portions of 35
Ill. Adm. Code 807.103 and 35 Ill. Adm. Code 810.103 or in the
Alternative a Finding of Inapplicability – No action taken.
Land
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.
Land
AS 05-4
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 granted petitioner’s motion to incorporate
the record from
In re
Petition of SCA Tissue of North American,
L.L. C. for an Adjusted Standard from 35 Ill. Adm. Code 218.301
and 218.302(c), AS 05-1 into this proceeding and accepted this
matter for hearing.
5-0
Air
2
AS 05-5
In the Matter of: Petition of Ford Motor Company for an Adjusted
Standard from 35 Ill. Adm. Code 218.586 – Pending receipt of the
certificate of publication, the Board held this Cook County
facility’s petition for an adjusted standard from the Board’s volatile
organic material emission standards and limitations for the Chicago
area.
Air
ADMINISTRATIVE CITATIONS
AC 05-43
County of Macon, Illinois v. David Beck – The Board found that
this Macon 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 05-46
IEPA v. Lawrence Krueger - The Board found that this Cook
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 05-49
IEPA v. Landers’ Children Family, L.L.C. and Ray Landers –
The Board granted complainant’s motion to dismiss the
administrative citation for lack of timely service.
5-0
AC 05-52
IEPA v. Robert Daniel Spears – The Board accepted for hearing
this petition for review of an administrative citation against this
Cass County respondent.
5-0
AC 05-54
IEPA v. Ray Logsdon Estate, Logsdon Sand and Gravel and
M.K. O’Hara Construction, Inc. – The Board accepted for
hearing a petition for review on behalf of M.K. O’Hara
Construction, Inc. in this administrative citation against these
Cass County respondents. The Board directed respondent M.K.
O’Hara Construction, Inc. to file an amended petition for review
accompanied by an attorney’s appearance within 30 days from
the date of this order, or the Board will dismiss this petition.
5-0
3
Decisions
PCB 04-50
People of the State of Illinois v. MacMurray College – In this air
enforcement action concerning a Morgan 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 implement and complete a supplemental
environmental project (SEP) in lieu of paying a civil penalty and to
cease and desist from further violations. Under the SEP,
respondent agrees to collect used computers and computer monitors
from the community, donate the usable equipment to charitable
organizations for use or resale, and dispose of the non-usable
equipment in an environmentally acceptable manner.
5-0
A-E
PCB 04-94
People of the State of Illinois v. Hauck Homes, Inc. d/b/a Rock
River Estates Mobile Home Park – In this water enforcement action
concerning a Lee 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 $12,000 and to cease and desist from further
violations.
5-0
W-E
PCB 05-8
People of the State of Illinois v. Village of Capron – In this public
water supply enforcement action concerning a Boone 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
PWS-E
PCB 05-78
People of the State of Illinois v. Ralph Stone, Mayor of the Village
of Gorham – In this air enforcement action concerning a Jackson
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 $500 and to cease and desist from further
violations.
5-0
A-E
4
PCB 05-92
People of the State of Illinois v. Specialty Promotions, Inc. d/b/a
Specialty Printing Company – 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 $75,000 and to cease and desist from further
violations.
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. – In this public water supply enforcement action
concerning a Boone 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 three
stipulation and settlement agreements as to Lawrence A. Lipe &
Associates, Inc., Furlong Excavating, Inc. and Altman-Charter
Company. Lawrence A. Lipe & Associates, Inc. was ordered to pay
a civil penalty of $5,000. Furlong Excavating, Inc. was ordered to
pay a civil penalty of $500 and to perform a supplemental
environmental project by donation of $2,000 to the Benton School
District Greening Program. Altman-Charter Company was ordered
to pay a civil penalty of $2,000. The respondents also were ordered
to cease and desist from further violations. This case remains open
as to the sole remaining respondent, the Village of North City.
5-0
PWS-E
ADJUDICATORY CASES
Motions and Other Matters
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt, Inc., Edwin
L. Frederick, Jr. individually and as owner and President of Skokie
Valley Asphalt Co., Inc., and Richard J. Frederick individually and
as owner and Vice President of Skokie Valley Asphalt Co., Inc. –
No action taken.
W-E
PCB 00-104
People of the State of Illinois v. The Highlands, L.L.C., Murphy
A-E
5
Farms, Inc. a/k/a Murphy Family Farms, and Bion Technologies,
Inc. – No action taken.
PCB 04-1
PCB 04-3
(Cons.)
SCI Illinois Services, Inc. v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of these consolidated underground
storage tank appeals involving a Cook County facility.
5-0
UST
Appeal
PCB 04-88
Des Plaines River Watershed Alliance, Livable Communities
Alliance, Prairie Rivers Network, and Sierra Club v. IEPA and
Village of New Lenox – No action taken.
P-A,
NPDES
PCB 04-138
People of the State of Illinois v. Pinnacle Corporation d/b/a Town
& Country Homes – The Board granted complainant’s motion for
leave to amend complaint and accepted the first amended
complaint. 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 Lake
County facility, the Board ordered publication of the required
newspaper notice.
5-0
W-E
PCB 04-162
People of the State of Illinois v. Asbestos Control and
Environmental Services – No action taken.
A-E
PCB 04-178
People of the State of Illinois v. Ned Mandich d/b/a H.B.M.
Electrochemical – 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 04-190
Johnson Oil Company v. IEPA – No action taken.
UST
Appeal
6
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 05-29
Mather Investment Properties, L.L.C. v. Illinois State Trapshooters
Association, Inc. – The Board granted the parties’ agreed motion
for an additional 90 days in which to file an answer, now due on or
before May 17, 2005.
5-0
Citizens
L-E
PCB 05-32
People of the State of Illinois v. GTC, International – The Board
granted complainant’s motions to deem facts admitted and for
summary judgment on all ten counts of the complaint. The Board
directed the parties to hearing on the issue of remedy.
5-0
A-E
PCB 05-48
Illinois Ayers Oil Company v. IEPA – No action taken.
UST
Appeal
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 o Lake
County, Illinois v. IEPA and Village of Wauconda; Al Phillips et al.
v. IEPA and Village of Wauconda – No action taken.
P-A,
NPDES
PCB 05-102
Village of Crainville 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
Williamson County facility.
5-0
UST
Appeal
7
PCB 05-108
William Breuer v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Washington County
facility.
5-0
UST
Appeal
PCB 05-155
Midwest Petroleum Company v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a St. Clair
County facility.
5-0
UST
Appeal
PCB 05-156
Vision Properties Blue Island, 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 Cook County facility.
5-0
P-A,
RCRA
90-Day
Ext.
PCB 05-157
Grand Pier Center L.L.C. and American International Specialty
Lines Insurance Co. as subrogee of Grand Pier Center L.L.C. v.
River East L.L.C., Chicago Dock and Canal Trust, Chicago Dock
and Canal Company, and Kerr-McGee Chemical L.L.C. – The
Board held for a later duplicative/frivolous determination this
citizens’ land enforcement action involving a Cook County facility.
L-E
PCB 05-158
Wilson Sporting Goods 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 Cook County facility.
5-0
UST
Appeal
90-Day
Ext.
CASES PENDING DECISION
R03-9
In the Matter of: Proposed New and Updated Rules for
Measurement and Numerical Sound Emissions Standards
Amendments to 35 Ill. Adm. Code 901 and 910 – Proposed Rule,
Second First Notice, Opinion and Order
R, Noise
8
R04-21
In the Matter of: Revisions to Radium Water Quality Standards:
Proposed New 35 Ill. Adm. Code 302.307 and Amendments to 35
Ill. Adm. Code 302.307 and 302.525 – Proposed Rule, Second
Notice, Opinion and Order
R, Water
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
R, Water
R05-1
In the Matter of: RCRA Subtitle D (Municipal Solid Waste
Landfill) Update, USEPA Amendments (January 1, 2004 through
June 30, 2004)
R, Land
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Novak adjourned the meeting at 11:28
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on March 17, 2005, by a vote of 5-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
9
