ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
MARCH 17, 2005 CHICAGO, ILLINOIS
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 March 3, 2005 meeting were approved by a vote of 5-0.
RULEMAKINGS
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 – The Board
adopted a first notice opinion and order proposing to amend the
Board’s noise regulations.
5-0
R, Noise
R05-1
In the Matter of: RCRA Subtitle D (Municipal Solid Waste
Landfill) 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
municipal solid waste landfill regulations.
5-0
R, Land
R05-19
In the Matter of: Proposed Amendments to Exemptions from State
Permitting Requirements (35 Ill. Adm. Code 201.146) – The Board
accepted for hearing the Illinois Environmental Protection Agency
and Illinois Environmental Regulatory Group February 22, 2005
proposal to amend the Board’s air regulations.
5-0
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 05-2
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 accepted for hearing petitioner’s
amended petition and granted the motion to file reduced copied of
the amended petition.
5-0
PWS
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 – The Board dismissed this
petition for an adjusted standard for petitioner’s failure provide
proof of service on the Illinois Environmental protection Agency, a
statement in the petition indicating whether the petitioner requests
or waives hearing, and 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
Land
AS 05-5
In the Matter of: Petition of Ford Motor Company for an Adjusted
Standard from 35 Ill. Adm. Code 218.586 – The Board accepted for
hearing this request for adjusted standard on behalf of this Cook
County petitioner.
5-0
Air
ADMINISTRATIVE CITATIONS
AC 05-47
IEPA v. Stacy Hess – The Board accepted for hearing respondent’s
5-0
2
amended petition for review of an administrative citation against
this Tazewell County respondent.
AC 05-48
County of Jackson v. Southern Illinois Regional Landfill, Inc.,
Doug Ticer, and George Browning – The Board found that these
Jackson County respondents violated Sections 21(o)(5) and (o)(12)
of the Act (415 ILCS 5/21(o)(5), (o)(12) (2002)), and ordered
respondents to pay a civil penalty of $1,000
.
5-0
AC 05-50
IEPA v. Knox County Landfill Committee and Greg Ingle – The
Board found that these Jackson County respondents violated
Sections 21(o)(5) of the Act (415 ILCS 5/21(o)(5) (2002)), and
ordered respondents to pay a civil penalty of $500
.
5-0
AC 05-51
County of Sangamon v. Patrick O’Keefe – The Board accepted for
hearing this petition for review of an administrative citation against
this Sangamon County respondent.
5-0
AC 05-54
IEPA v. Ray Logsdon Estate, Logsdon Sand and Gravel Company,
and M.K. O’Hara Construction, Inc. – No action taken.
AC 05-57
IEPA v. Leonard Harris – The Board accepted an administrative
citation against this Boone County respondent.
AC 05-58
IEPA v. Knox County Landfill Committee – The Board accepted an
administrative citation against this Knox County respondent.
AC 05-59
IEPA v. Dale and Carol Hartley – The Board accepted an
administrative citation against these Edgar County respondents.
Decisions
PCB 03-101
People of the State of Illinois v. Werner, Co. – In this air
enforcement action concerning a Cook County facility, the Board
5-0
3
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 $32,000, to operate and
maintain all equipment and systems relating to a Supplemental
Environmental Project at its Franklin Park facility, and to cease and
desist from further violations.
A-E
ADJUDICATORY CASES
Motions and Other Matters
PCB 93-17
Phibro-Tech f/k/a Southern Chemical Company v. IEPA – The
Board granted petitioner’s motion for voluntary dismissal of this
permit appeal involving a McHenry County facility.
5-0
P-A,
RCRA
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
Farms, Inc. a/k/a Murphy Family Farms, and Bion Technologies,
Inc. – No action taken.
A-E
PCB 02-207
Wallace Pharmaceuticals v. IEPA – No action taken.
A-V
PCB 04-19
Paul and Donna Fredrickson v. Jeff Grelyak – No action taken.
Citizens
A&N-E
PCB 04-68
Martin Oil Marketing, Ltd. 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
4
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 04-93
Martin Oil Marketing, Ltd. V. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a McLean County facility.
5-0
UST
Appeal
PCB 04-128
WEWS, L.P. (the Boye Needle Facility) 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 04-162
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 – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Champaign County facility.
5-0
UST
Appeal
PCB 04-207
PCB 97-193
People of the State of Illinois v. Community Landfill Company,
Inc. and People of the State of Illinois v. Edward Pruim an
individual, and Robert Pruim, an individual – The Board granted
complainant’s motion to strike the second affirmative defense.
5-0
W-E
5
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
L-E
PCB 05-48
Illinois Ayers Oil Company v. IEPA – The Board denied
petitioner’s motion for reconsideration of the Board’s January 6,
2005 order, dismissing the petition as untimely filed.
5-0
UST
Appeal
PCB 05-60
People of the State of Illinois v. Youssi Real Estate and
Development, 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
Boone County facility, the Board ordered publication of the
required newspaper notice.
5-0
W-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 Village of North
City. The Board also granted complainant’s motion for
modification of the Board’s March 3, 2005 order regarding the
Altman-Charter Company proposed stipulation and settlement
agreement. The modified order requires respondent 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.
5-0
PWS-E
PCB 05-100
Estate of Irene Steinheimer 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 Morgan County facility.
5-0
UST
Appeal
6
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.
Citizens
L-E
PCB 05-159
Fruendt Crop Services, Inc. (Property Identification Number 11-26-
03-300-010) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Fruendt Crop Services, Inc.
located in Kankakee 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
Land
PCB 05-160
Precision Pork, L.L.C. (Property Identification Number 12-14-29-
200-003) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Precision Pork, L.L.C. located in
Lee 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
Land
PCB 05-161
Crest Automotive 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.
PCB 05-162
Ye Olde Glass Shoppe 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 Clark County facility.
5-0
UST
Appeal
90-Day
Ext.
7
PCB 05-163
People of the State of Illinois v. Pekin Paperboard Company, L.P. –
The Board accepted for hearing this water enforcement action
involving a site located in Tazewell County.
5-0
W-E
PCB 05-164
Rohm and Haas Company v. IEPA – The Board accepted for
hearing this permit appeal involving a Kankakee County facility.
5-0
P-A, Air
PCB 05-165
Century Chevy 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 McLean County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 05-166
Clinton County Oil Company, Inc. 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 Madison County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 05-167
Clinton County Oil Company, Inc. 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 Madison County facility.
5-0
UST
Appeal
90-Day
Ext.
CASES PENDING DECISION
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 First
Notice, Opinion and Order
R, Water
8
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
R05-8
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) –
Adopted Rule, Final Order, Opinion and Order (due 4/7)
R, Land
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 April 7, 2005, by a vote of 5-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
9
