1. R04-21
    2. R04-24
    3. R05-16
    4. AC 04-82
    5. AC 05-51
    6. AC 05-62
    7. AC 05-63
    8. AC 05-68
    9. AC 05-69
    10. PCB 05-109
 
 
 
ILLINOIS POLLUTION CONTROL BOARD
 
MEETING MINUTES
May 19, 2005
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 May 19, 2005 meeting were approved by a vote of 5-0,
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 302.207 and 302.525 – No action taken.
 
R, Water
R04-24
In the Matter of: Amendments to the Board’s Procedural Rules to
Accommodate New Statutory Provisions: 35 Ill. Adm. Code 101-
130 – The Board adopted a final opinion and order in this
rulemaking amending the Board’s procedural regulations.
 
5-0
R, Proc.
Rules
R05-16
 
In the Matter of: Definition of VOM Update, USEPA Amendments
(July 1, 2004 through December 31, 2004) – The Board adopted a
final opinion and order amending the Board’s air pollution control
regulations to make them “identical in substance” to federal
regulations adopted from July 1, 2004 through December 31, 2004.
 
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 – The Board dismissed this
petition for an adjusted standard due to deficiencies in the petition
and petitioner’s failure to 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
2
 
ADMINISTRATIVE CITATIONS
 
AC 04-82
IEPA v. John Brown d/b/a John Brown Painting – The Board
entered an interim opinion and order finding respondent violated
Section 21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7)
(2002)) and assessing a penalty of $3,000. The Board ordered the
Clerk of the Board and the Environmental Protection Agency to file
within 14 days a statement of hearing costs, supported by affidavit,
with service on respondent. The Board will then issue a final order
assessing hearing costs.
 
5-0
AC 05-51
County of Sangamon v. Patrick O’Keefe – No action taken.
 
 
AC 05-62
IEPA v. F.I.M., Inc. – The Board found that this Adams County
respondent violated Section 21(p)(1) of the Act (415 ILCS
5/21(p)(1) (2002)), and ordered respondent to pay a civil penalty of
$1,500
.
 
 
5-0
AC 05-63
IEPA v. John R. Malloch – The Board accepted for hearing this
petition for review of an administrative citation against this
Champaign County respondent.
 
5-0
AC 05-68
County of Jackson v. Elwood Glasper and Tony Glasper – The
Board granted complainant’s motion to voluntarily dismiss this
administrative citation.
 
5-0
AC 05-69
IEPA v. Waste Management of Illinois, Inc. and Michael Wiersema
– The Board accepted for hearing this petition for review of an
administrative citation against these DeKalb County respondents.
 
 
3
 
 
ADJUDICATORY CASES
 
Decisions
 
PCB 05-109
Paul Johnson, Inc. v. IEPA and City of Waterman – The Board
granted this DeKalb County petitioner a water well setback
exception, with conditions, from 415 ILCS 5/14.2 (2002) of the
Environmental Protection Act to allow petitioner to perform in-situ
bioremediation via the direct push Geoprobe method.
 
5-0
WWSE
 
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. – The Board granted Patrick M. Flachs’ motion for leave to
appear
pro hac vice
on behalf of respondent.
  
5-0
A-E
PCB 00-117
Ophelia Niemann f/d/b/a Barney’s Garage, Inc. v. IEPA – The
Board granted petitioner’s motion for voluntary dismissal of this
underground storage tank appeal involving a Montgomery County
facility.
5-0
UST
Appeal
PCB 01-130
JR & Sons, Inc. v. IEPA – The Board granted petitioner’s motion
for voluntary dismissal of this underground storage tank appeals
involving a Champaign County facility.
 
5-0
UST
Appeal
PCB 02-105
Board of Trustees of Southern Illinois University Governing
Southern Illinois University, Edwardsville v. IEPA – No action
taken.
 
P-A,
NPDES
4
 
PCB 02-205
PCB 02-206
(cons.)
Home Oil; Company v. IEPA – The Board granted this St. Clair
County facility’s motion for voluntary dismissal of this
underground storage tank appeal, in PCB 02-205 only. The appeal
docketed as PCB 02-206 remains open.
 
5-0
UST
Appeal
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 03-214
PCB 05-48
(not cons.)
 
Illinois Ayers Oil Company v. IEPA – No action taken.
 
UST
Appeal
PCB 04-85
Robert and Tony Thompson v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Alexander 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 04-162
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
5
 
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 05-66
People of the State of Illinois v. Petco Petroleum Corporation – The
Board granted complainant’s motion for leave file an amended
complaint and accepted it for hearing.
 
5-0
W-E
PCB 05-126
Red Rooster Corporation f/k/a Clark Retail Enterprises, Inc. (Clark
Oil #2086) v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Peoria County facility.
 
5-0
UST
Appeal
PCB 05-127
Richard Karlock v. IEPA – The Board referred respondent’s motion
for extension of time to respond to the hearing officer for
disposition. No action was taken on petitioner’s motion for
summary judgment.
 
`UST
Appeal
PCB 05-147
Vision Properties Blue Island, 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 Cook 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. – The
Board found that the alleged violations were neither duplicative nor
frivolous, denied respondents’ motion to dismiss, struck
complainant’s request for attorney fees, and accepted for hearing
this matter involving a Cook County site.
 
5-0
Citizens
L-E
6
 
PCB 05-193
Vernon and Elaine Zohfeld v. Bob Drake, Wabash Valley Service
Company, Michael J. Pfister, Noah D. Horton, and Steve Kinder –
The Board held for a later duplicative/frivolous determination this
citizens’ air enforcement action involving a Hamilton County site.
 
Citizens
A-E
PCB 05-194
Rosignol Marathon 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 Wabash County facility.
 
5-0
UST
Appeal
90-Day
Ext.
PCB 05-195
Beckman Service 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 Marion County facility.
 
5-0
UST
Appeal
90-Day
Ext.
PCB 05-196
Kapp, Inc. v. Hartley Carlton individually and d/b/a One Hour
Cleaners – The Board held for a later duplicative/frivolous
determination this citizen land enforcement action involving a
Macon County facility.
 
Citizens
L-E
7
 
 
 
CASES PENDING DECISION
AC 04-63
AC 04-64
(cons.)
 
County of Jackson v. Egon Kamarasy
 
Moore
 
OTHER ITEMS
 
ADJOURNMENT
 
Moved and seconded, by a vote of 5-0, Chairman Novak adjourned the meeting at 11:30
a.m.
 
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on June 2, 2005, by a vote of. 5-0
 
 
 
  
  
  
  
  
  
 
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
 
  
 
8

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