ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
April 21, 2005
CHICAGO OFFICE – 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.
APPROVAL OF MINUTES
Minutes of the April 7, 2005 meeting were approved by a vote of 4-0, Member Girard abstained.
Chairman Novak congratulated and thanked Senior Attorney Kathleen Crowley for 25 years of
service to the Board. The Chairman also read a letter from Governor Rod R. Blagojevich
congratulating her on behalf of the People of the State of Illinois.
RULEMAKINGS
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 – The Board adopted a first
notice proposal to amend the Board’s air regulations.
5-0
R, Air
R05-4
R05-15
(cons.)
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (January 1, 2004 through June 30, 2004) – The Board
adopted a final opinion and order amending the Board’s wastewater
pretreatment regulations to make them “identical in substance to
federal regulations.
5-0
Water
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 – The Board denied the Illinois Environmental
Protection Agency’s (Agency) motion to suspend the rulemaking
and dismissed the rulemaking proposal. The Agency was given
leave to re-file an appropriate rulemaking proposal when the United
States Environmental Protection Agency’s new bacteria criterion is
adopted.
5-0
R, Water
R05-11
In the Matter of: Amendments to Emissions Reduction Market
System, 35 Ill. Adm. Code 205 and 211 – The Board adopted a
second notice opinion and order in this rulemaking to amend the
Board’s air regulations.
5-0
R, Air
ADJUSTED STANDARDS
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
ADMINISTRATIVE CITATIONS
AC 05-7
IEPA v. Edward and Betty Jo Cain and Edward Cain d/b/a Cain
Roofing Company – In response to a joint stipulation and
settlement agreement in this administrative citation action involving
a Fulton County facility, the Board found that respondents had
violated Section 21(p)(3) of the Environmental Protection Act (415
ILCS 5/21(p)(3) (2002)) and ordered respondents to pay a civil
penalty of $1,500. The Board also granted the parties’ joint motion
to dismiss respondents’ petition for review and the alleged
violations of 415 ILCS 5/21(p) (1), (7) (2002).
5-0
2
AC 05-49
IEPA v. Landers’ Children Family, L.L.C. and Ray Landers – The
Board granted complainant’s motion for reconsideration of the
March 3, 2005 Board Order and motion for default judgment as to
respondent Ray Landers. The Board dismissed the administrative
citation for lack of timely service as to Landers’ Children Family,
L.L.C. only. The Board found that Ray Landers violated Sections
21(p)(1), (p)(4) and (p)(7) of the Environmental Protection Act
(415 ILCS 5/21(21(p)(1), (p)(4) (p)(7) (2002)), and ordered
respondent to pay a civil penalty of $4,500
.
5-0
AC 05-54
IEPA v. Ray Logsdon Estate, Logsdon Sand and Gravel Company,
and M.K. O’Hara Construction, Inc. – The Board accepted for
hearing Logsdon Sand and Gravel Company’s petition for review
of an administrative citation and granted complainant’s motion to
dismiss the administrative citation as to the Ray Logsdon Estate.
The Board dismissed the petition for review on behalf of M.K.
O’Hara Construction, Inc. for failure to file an amended petition as
instructed by the Board’s March 3, 2005 order.
5-0
AC 05-57
IEPA v. Leonard Harris – The Board found that this Boone County
respondent violated Section 21(p)(3) of the Act (415 ILCS
5/21(p)(3) (2002)), and ordered respondent to pay a civil penalty of
$1,500
.
5-0
AC 05-58
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 05-60
IEPA v. Ken Edwards – The Board granted complainant’s motion
to dismiss the administrative citation for lack of timely service.
5-0
AC 05-62
IEPA v. F.I.M., Inc. – The Board accepted an administrative
citation against this Adams County respondent.
3
AC 05-63
IEPA v. John R. Malloch – The Board accepted an administrative
citation against this Champaign County respondent.
AC 05-64
IEPA v. Charles Bellemey and Willie Doucher - The Board
accepted an administrative citation against these
Champaign County respondents.
AC 05-65
County of Montgomery v. Michael Schwab – The Board accepted
an administrative citation against this Montgomery County
respondent.
ADJUDICATORY CASES
Decisions
PCB 03-51
People of the State of Illinois v. Draw Drape Cleaners, Inc., an
Illinois corporation, American Drapery Cleaners & Flameproofers,
inc., an Illinois corporation, and Richard Zell, an Illinois resident –
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 respondents to pay a total civil penalty of $7,500 and to
cease and desist from further violations.
5-0
A-E
PCB 04-138
People of the State of Illinois v. Pinnacle Corporation d/b/ Town &
Country Homes – In this water enforcement action concerning a
Lake 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 $80,000 and to cease and desist from further
violations.
5-0
W-E
4
PCB 04-178
People of the State of Illinois v. H.B.M. Electrochemical Company
and Ned Mandich individually and as president of H.B.M.
Electrochemical 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 respondents to pay a
total civil penalty of $15,000, and to cease and desist from further
violations.
5-0
A-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; Al
Phillips et al. v. IEPA and Village of Wauconda, Illinois – The
Board affirmed the Illinois Environmental Protection Agency’s
issuance of a National Pollutant Discharge Elimination System
permit to the Village of Wauconda.
5-0
P-A,
NPDES
3
rd
party
PCB 05-60
People of the State of Illinois v. Youssi Real Estate and
Development, Inc. – In this water 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 $5,000, and to cease and desist from further
violations.
5-0
W-E
PCB 05-64
People of the State of Illinois v. Auto Recyclers – C&D
Enterprises, Inc. – In this land enforcement action concerning a
Sangamon 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 $5,000, and to cease and desist from further
violations.
5-0
L-E
5
PCB 05-85
Citgo Petroleum Corporation and PDV Midwest Refining, LLC. v.
IEPA – The Board granted these Will County petitioners a variance
from the Total Dissolved Solids water quality standards of 35 Ill.
Adm. Code 302.208(g) and 302.407. The variance last until
December 15, 2005 and is subject to conditions
5-0
W-V
PCB 05-86
People of the State of Illinois v. Fairacres Subdivision Association
– In this public water supply enforcement action concerning a Rock
Island 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 $750, and to cease and desist from further
violations.
5-0
PWS-E
PCB 05-96
People of the State of Illinois v. Village of North City – In this
public water supply enforcement action concerning a Franklin
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, to perform a supplemental environmental
project by payment of a monetary donation of $500 to the Benton
School District Greening Program, and to cease and desist from
further violations.
5-0
PWS-E
PCB 05-123
People of the State of Illinois v. Cunat, Inc. – In this water
enforcement action concerning a McHenry 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 $3,500, and to
cease and desist from further violations.
5-0
W-E
6
Motions and Other Matters
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 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 – The Board granted the respondent’s
motion to file reply instanter and accepted the reply to petitioners’
response to motion for stay of petitioners’ motion for summary
judgment. The Board denied the respondent’s motion for stay of
petitioner’s motion for summary judgment, and directed the hearing
officer to set a briefing schedule on the motion.
5-0
P-A,
NPDES
PCB 04-162
People of the State of Illinois v. Asbestos Control and
Environmental Services – No action taken.
A-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
7
PCB 04-225
People of the State of Illinois v. Prairie Lane Development, L.L.C.
– 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 05-29
Mather Investment Properties, L.L.C. v. Illinois State Trapshooters
Association, Inc. – No action taken.
Citizens
L-E
PCB 05-49
Morton F. Dorothy v. Flex-N-Gate Corporation – No action taken.
PCB 05-63
People of the State of Illinois v. North Rockwell, L.L.C. – 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 05-124
Mac’s Convenience Stores L.L.C. v. IEPA – The Board accepted
for hearing this underground storage tank appeal involving a
Sangamon County facility. The Board granted David L. Hatchett’s
motion for leave to appear
pro hac vice
on behalf of petitioner.
5-0
UST
Appeal
PCB 05-125
Red Rooster Corporation f/k/a Clark Retail Enterprises, Inc.) – The
Board accepted for hearing this underground storage tank appeal
involving a Peoria County facility.
5-0
UST
Appeal
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 05-179
Arthur Keller-Willow Hill (Livestock Waste Management
Facilities) (Property Identification Number 94-15-18-300-007) v.
IEPA – No action taken.
Novak
T-C
Water
8
PCB 05-180
People of the State of Illinois v. ACI Environmental Corporation,
an Illinois corporation, and Asbestos Control, Inc., an Illinois
corporation – The Board accepted for hearing this air enforcement
action involving a site located in DuPage County.
5-0
A-E
PCB 05-182
U.S. Minerals, L.L.C. v. IEPA – The Board accepted for hearing
this permit appeal involving a Montgomery County facility.
5-0
P-A, Air
PCB 05-183
Webb & Sons, Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Coles County facility.
5-0
UST
Appeal
PCB 05-184
Harvey B. Whittaker v. IEPA – The Board ordered petitioner to file
an amended petition to cure noted deficiencies within 30 days, or
this matter will be dismissed.
5-0
UST
Appeal
PCB 05-185
Johnson Oil Company 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 Douglas County facility.
5-0
UST
Appeal
90-Day
Ext.
CASES PENDING DECISION
9
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Novak adjourned the meeting at 11:40
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on May 5, 2005, by a vote of 5-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
10
