ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
April 7, 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 except for Member
Girard who was absent.
APPROVAL OF MINUTES
Minutes of the March 17, 2005 meeting were approved by a vote of 4-0.
RULEMAKINGS
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 – The Board adopted a second
first notice opinion and order in this “identical-in-substance”
rulemaking to amend the Board’s water quality standards
regulations.
4-0
R, Water
R04-26
In the Matter of: Interim Phosphorus Effluent Standard, Proposed
35 Ill. Adm. Code 304.123(g-k) – The Board adopted a first notice
opinion and order in this rulemaking to amend the Board’s water
quality standards 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 final opinion and order in this rulemaking
amending the Board’s hazardous waste regulations.
4-0
R, Land
R05-10
In the Matter of: Bacteria (E-coli) Water Quality Standard for Lake
Michigan and the Mississippi River, Proposed Amendments to 35
Ill. Adm. Code 302 – No action taken.
R, Water
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 35 Ill. Adm.
Code Part 807or in the Alternative a Finding of Inapplicability –
Based on case law interpreting the Environmental Protection Act,
the Board determined that the granulate bituminous shingle
material that the petitioners use to produce Eclipse Dust Control at
their Woodstock facility is not a waste covered by the Board’s
solid waste regulations. The Board denied the petitioners’
alternative request for an adjusted standard.
4-0
Land
AS 05-6
In the Matter of: Petition of Schaeffer Enterprises of Wolf Lake,
Inc. for an Adjusted Standard from Tire Storage Rules at 35 Ill.
Adm. Code 848.202(b)(5) and 848.404 – Pending receipt of the
certificate of publication, the Board held this DuPage County
facility’s petition for an adjusted standard from the Board’s
regulations for the management of used and waste tires.
Land
2
ADMINISTRATIVE CITATIONS
AC 05-53
IEPA v. Judy Cornelison – The Board granted complainant’s
motion to dismiss the administrative citation for lack of timely
service.
4-0
AC 05-54
IEPA v. Ray Logsdon Estate, Logsdon Sand and Gravel Company,
and M.K. O’Hara Construction, Inc. – No action taken.
AC 05-55
IEPA v. Harold Bruley – The Board dismissed respondent’s late -
filed petition for review. The Board found that this Macoupin
County respondent violated Sections 21(p)(1), (p)(3) and (p)(7) of
the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2002)), and ordered
respondent to pay a civil penalty of $4,500
.
4-0
AC 05-56
IEPA v. Christopher A. and Jenny L. Good – The Board found that
these Douglas 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
.
4-0
AC 05-60
IEPA v. Ken Edwards – The Board accepted an administrative
citation against this Macoupin County respondent.
AC 05-61
IEPA v. Timothy Pearce – The Board accepted an administrative
citation against this Clay County respondent.
ADJUDICATORY CASES
Decisions
(No action taken)
3
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. –
The Board granted respondents’ motion for extension of time and
authorized respondents to conduct discovery on the attorney fee
issue, which will be then set for hearing. Respondents’ were
directed to file the discovery requests with the Board on or before
April 25, 2005; the People’s response must be filed on respondents
and served with the Board on or before May 25, 2005. The stay of
the $153,000 civil penalty imposed in the Board’s September 2,
2004 order remains in effect. The hearing officer was directed to
proceed to hearing as expeditiously as possible.
4-0
W-E
PCB 97-2
People of the State of Illinois v. Jersey Sanitation Corporation – No
action taken.
A&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 01-56
Bluff’s/Scott-Morgan C.U.S.D. #2 v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Scott County facility.
4-0
UST Fund
PCB 02-207
Wallace Pharmaceuticals v. IEPA –In response to the parties’ joint
motion “to withdraw variance”, effective April 7, 2005, the Board
terminated the September 19, 2002 variance granted in this docket
from 35 Ill. Adm. Code Section 218.482(a) for five dryers at the
Wallace Pharmaceuticals (n/k/a MedPointe Pharmaceuticals)
facility in Decatur, Macon County.
4-0
A-V
4
PCB 03-51
People of the State of Illinois v. Draw Drape Cleaners, Inc.,
American Drapery Cleaners & Flameproofers, 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 Cook County facility, the Board
ordered publication of the required newspaper notice.
4-0
A-E
PCB 03-54
PCB 03-56
PCB 03-105
PCB 03-179
PCB 04-2
(cons.)
Freedom Oil Company v. IEPA – No action taken.
UST
Appeal
PCB 04-19
Paul and Donna Fredrickson v. Jeff Grelyak – No action taken.
Citizens
A&N-E
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 04-135
People of the State of Illinois v. GF Office Furniture, Ltd.. L.P.,
Office Suites, Inc., and GF Furniture Holding, 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 Cook County facility, the Board
ordered publication of the required newspaper notice.
4-0
A-E
PCB 04-149
Hortense Singer v. IEPA – The Board granted petitioner’s motion
for voluntary dismissal of this underground storage tank appeal
involving a DuPage County facility.
4-0
UST
Appeal
PCB 04-156
L. Keller Oil Company (Centralia) v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Marion County facility.
4-0
UST
Appeal
5
PCB 04-162
People of the State of Illinois v. Asbestos Control and
Environmental Services – No action taken.
A-E
PCB 04-168
L. Keller Oil Properties, Inc. (Salem) v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Marion County facility.
4-0
UST
Appeal
PCB 04-187
Sutter Sanitation, Inc. and LaVonne Haker v. IEPA – The Board
granted petitioners’ motion for voluntary dismissal of this permit
appeal involving an Effingham County facility.
4-0
P-A, Land
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 05-31
Metropolitan Water Reclamation District of Greater Chicago v.
IEPA – The Board granted petitioner’s motion for voluntary
dismissal of this permit appeal involving a Cook County facility.
4-0
P-A,
NPDES
PCB 05-64
People of the State of Illinois v. Auto Recyclers – C&D,
Enterprises, Inc. – Upon receipt of a proposed stipulation and
settlement agreement and an agreed motion to request relief from
the hearing requirement in this land enforcement action involving a
Sangamon County facility, the Board ordered publication of the
required newspaper notice.
4-0
L-E
6
PCB 05-86
People of the State of Illinois v. Fairacres Subdivision Association
– 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 Rock
Island County facility, the Board ordered publication of the
required newspaper notice.
4-0
PWS-E
PCB 05-111
Mac’s Convenience Stores, L.L.C. 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 Will County facility.
4-0
UST
Appeal
PCB 05-115
Reed’s Service 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 White
County facility.
4-0
UST
Appeal
PCB 05-116
Beckman Service 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 Marion
County facility.
4-0
UST
Appeal
PCB 05-118
Illinois State Toll Highway Authority (Belvidere North Reimb.) 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 Boone County facility.
4-0
UST
Appeal
PCB 05-123
People of the State of Illinois v. Cunat, 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 McHenry County
facility, the Board ordered publication of the required newspaper
notice.
4-0
W-E
7
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. – No
action taken.
L-E
PCB 05-168
People of the State of Illinois v. Home Depot U.S.A., Inc. – The
Board accepted for hearing this public water supply enforcement
action involving a site located in Will County.
4-0
PWS-E
PCB 05-169
Geneseo Pork, Inc. (Livestock Waste Management Facilities)
(Property Identification Number 09-03-200-001-0011) v. IEPA –
Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Geneseo Pork, Inc. located in Henry 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
Water
PCB 05-170
Dumoulin Farms-Hampshire (Waste Management Facilities)
(Property Identification Number 1-20-300-001) v. IEPA – Upon
receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Dumoulin Farms-Hampshire located in Kane 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
Water
PCB 05-171
Vincent Berghower (Livestock Waste Management Facilities)
(Property Identification Number 90-13-06-200-008) v. IEPA –
Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Vincent Berghower located in Jasper 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
Water
8
PCB 05-172
Paul B. Finley (Livestock Waste Management Facilities) (Property
Identification Number 90-07-21-400-006) v. IEPA – Upon receipt
of the Illinois Environmental Protection Agency’s recommendation,
the Board found and certified that specified facilities of Paul B.
Finley located in Jasper County are pollution control facilities for
the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2002)).
Novak
T-C
Water
PCB 05-173
Lane Pork Corp. (Livestock Waste Management Facilities)
(Property Identification Number 01-21-300-011 and 01-28-100-
011) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Lane Pork Corp. located in
DeKalb 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
Water
PCB 05-174
Charles Schelkopf Finishing Operation (Livestock Waste
Management Facilities (Property Identification Number 25-01-400-
002) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Charles Schelkopf Finishing
Operation located in DeKalb 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
Water
PCB 05-175
County Line Pork (Livestock Waste Management Facilities)
(Property Identification Number 25-01-400-002) v. IEPA – Upon
receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of County Line Pork located in Ogle 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
Water
9
PCB 05-176
Luke Brummer (Livestock Waste Management Facilities (Property
Identification Number 06-13-020-018) v. IEPA – Upon receipt of
the Illinois Environmental Protection Agency’s recommendation,
the Board found and certified that specified facilities of Luke
Brummer located in Effingham 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
Water
PCB 05-177
Nancy Doterer (Livestock Waste Management Facilities) (Property
Identification Number 11-33-200) v. IEPA – Upon receipt of the
Illinois Environmental Protection Agency’s recommendation, the
Board found and certified that specified facilities of Nancy Doterer
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
Water
PCB 05-178
Keith Richardson (Livestock Waste Management Facilities)
(Property Identification Number 12-12-20-200-002) v. IEPA –
Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Keith Richardson located in Mercer 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
Water
PCB 05-179
Arthur Keller-Willow Hill (Livestock Waste Management
Facilities) (Property Identification Number (94-15-18-300-007) v.
IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that the
livestock waste management facilities of Arthur Keller-Willow Hill
located in Jasper County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2002)). No action was taken on the negative
recommendation for the dead animal compost bin facilities,
pending receipt of any petition for review by April 24, 2005.
4-0
T-C
Water
PCB 05-180
People of the State of Illinois v. ACI Environmental Corporation,
an Illinois corporation, and Asbestos Control, Inc., an Illinois
corporation – No action taken.
A-E
10
PCB 05-181
People of the State of Illinois v. Pattison Associates L.L.C. and
5701 South Calumet L.L.C. – The Board accepted for hearing this
air enforcement action involving a site located in Tazewell County.
4-0
A-E
CASES PENDING DECISION
R04-12
R04-20
(cons.)
In the Matter of: Technical Corrections to Formulas in 35 Ill. Adm.
Code 214;In the Matter of: Clean-Up Part III, Amendments to 35
Ill. Adm. Code Part 211, 218, and 219 – Proposed Rule, First
Notice, Opinion and Order
R, Air
R05-4
R05-15
(cons.)
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (January 1, 2004 through June 30, 2004) – Adopted
Rule, Opinion and Order
Water
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; Al
Phillips et al. v. IEPA and Village of Wauconda, Illinois – (due
4/21)
P-A,
NPDES
3rd party
PCB 05-85
Citgo Petroleum Corporation and PDV Midwest Refining, LLC. v.
IEPA – (due 4/21)
UST
Appeal
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Chairman Novak adjourned the meeting at 11:35
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on April 21, 2005, by a vote of 4-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
11
