ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
May 5, 2005
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, by her designee Connie Newman, called the roll.
All Board Members
answered present.
APPROVAL OF MINUTES
Minutes of the April 21, 2005 meeting were approved by a vote of 5-0,
RULEMAKINGS
R05-20
In the Matter of: Plastic Injection Molding Operations: Proposed
Amendments to Exemptions From State Permitting Requirements
(35 Ill. Adm. Code 201.146) – The Board granted the motion to
waive the petition requirement and accepted for hearing the
Chemical Industry Council of Illinois’ April 19, 2005 proposal 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 05-59
IEPA v. Dale and Carol Hartley – The Board found that these
Edgar County respondents violated Section 21(p)(1) and (p)(3) of
the Act (415 ILCS 5/21(p)(1), (p)(3) (2002)), and ordered
respondents to pay a civil penalty of $3,000
.
5-0
AC 05-66
County of Kankakee v. Municipal Trust & Savings Bank Trust
#1697 – The Board accepted an administrative citation against this
Kankakee County respondent.
AC 05-67
IEPA v. Donald E. and Mary A. Jennings – The Board accepted for
hearing this petition for review of an administrative citation against
these Brown County respondents.
AC 05-68
County of Jackson v. Elwood Glasper and Tony Glasper – The
Board accepted for hearing this petition for review of an
administrative citation against these Jackson County respondents.
2
ADJUDICATORY CASES
Decisions
PCB 04-135
People of the State of Illinois v. GF Office Furniture, Ltd., L.P.,
Office Suites, Inc., and GF Furniture Holding, Inc. – 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)),
and accepted a stipulation and settlement agreement. The Board
ordered the respondents to pay a total civil penalty of $30,000, to
provide emissions excursion compensation in the amount of
$38,590.26 to the Environmental Protection Agency, pursuant to
Section 205.720(b) of the Board’s Air Pollution Regulation (35 Ill.
Adm. Code 205.720(b)), and to cease and desist from further
violations.
5-0
A-E
Motions and Other Matters
PCB 97-2
People of the State of Illinois v. Jersey Sanitation Corporation – No
action taken.
A&W-E
PCB 97-179
People of the State of Illinois v. Midwest Grain Products of Illinois,
Inc. – No action taken.
A-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. – The Board denied respondent Murphy Farms’ motion to
dismiss the second amended complaint. The stay was lifted as of
the date of this order and Murphy Farms has 30 days from the date
of this order, to answer the complaint.
5-0
A-E
PCB 02-40
Village of Round Lake Park v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this request for
variance involving a Lake County facility.
5-0
W-V
3
PCB 02-105
Board of Trustees of Southern Illinois University Governing
Southern Illinois University, Edwardsville v. IEPA – No action
taken.
P-A,
NPDES
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 03-82
PPG Industries, Inc. v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this permit appeal involving a
Macon County facility.
5-0
P-A, Air
PCB 03-180
PCB 03-186
PCB 03-187
(cons.)
Royer Oil Company v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of these underground storage tank
appeals involving a Bond County facility.
5-0
UST
Appeal
PCB 03-214
PCB 05-48
(not cons.)
Illinois Ayers Oil Company v. IEPA – No action taken.
UST
Appeal
PCB 04-19
Paul and Donna Fredrickson v. Jeff Grelyak – The Board denied
respondent’s motion for summary judgment and directed the
hearing officer to proceed expeditiously to hearing.
5-0
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
4
PCB 04-100
People of the State of Illinois v. Roberts Environmental Control,
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.
5-0
A-E
PCB 04-131
Circle C, Inc. v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal
involving a Jersey 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 04-167
L. Keller Oil Properties, Inc./Effingham/Downtown Super K v.
IEPA – The Board granted petitioner’s motion for voluntary
dismissal of this underground storage tank appeal involving a
Effingham County facility.
5-0
UST
Appeal
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 05-49
Morton F. Dorothy v. Flex-N-Gate Corporation – No action taken.
A&L-E
PCB 05-89
People of the State of Illinois v. Redfearn Earthmoving, Inc. –
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 Jo Daviess County
facility, the Board ordered publication of the required newspaper
notice.
5-0
W-E
5
PCB 05-127
Richard Karlock v. IEPA – No action taken.
`UST
Appeal
PCB 05-138
BP Products North America, Inc. v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this permit appeal
involving a Madison County facility.
5-0
P-A,
RCRA
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 – The Board did not receive any petition for review of the
Agency’s recommendation to deny certification. Consistent with
the Agency’s recommendation, the Board declined to certify that
Arthur Keller-Willow Hill’s dead animal compost bin is a pollution
control facility and dismissed this matter.
5-0
T-C
Water
PCB 05-186
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 05-187
Southeastern Community Unit School District No. 337 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 Hancock
County facility.
5-0
UST
Appeal
90-Day
Ext.
6
PCB 05-188
Road Ranger 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 Macon County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 05-189
Wayne & Dennis Swanson 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 Kane County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 05-190
Stoller International, 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 Livingston County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 05-191
People of the State of Illinois v. Castle Ridge Estates, Inc. – The
Board accepted for hearing this air enforcement action involving a
site located in Madison County.
5-0
W-E
PCB 05-192
People of the State of Illinois v. Bag Makers, Inc. – The Board
accepted for hearing this air enforcement action involving a site
located in McHenry County.
5-0
A-E
7
CASES PENDING DECISION
R05-16
In the Matter of: Definition of VOM Update, USEPA Amendments
(July 1, 2004 through December 31, 2004) – Adopted Rule, Final
Order, Opinion and Order
R, Air
OTHER ITEMS
The Board granted Chairman’s motion approving a proclamation
commemorating Kathleen Crowley’s 25
th
anniversary with the
Board by a vote of 5-0.
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Novak adjourned the meeting at 11:26
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on May 19, 2005, by a vote of 5-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
8
