1. R04-21
    2. R05-11
    3. AC 03-5
    4. AC 05-51
    5. AC 05-61
    6. AC 05-64
    7. AC 05-65
    8. AC 05-67
    9. AC 05-70
    10. AC 05-71
    11. AC 05-72
    12. AC 05-73
    13. AC 05-74
    14. AC 05-75
    15. PCB 05-89
    16. AC 04-63
    17. AC 04-64

 
 
 
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
June 2, 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.
 
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 – The Board granted the City
of Joliet’s motion for extension of the public comment period until
August 15, 2005.
 
5-0
R, Water
R05-11
In the Matter of: Amendments to Emissions Reduction Market
Systems, 35 Ill. Adm. Code 205 and 211 – The Board adopted a
final opinion and order in this rulemaking amending the Board’s air
regulations.
 
5-0
R, Air
 

 
ADJUSTED STANDARDS
None
 
ADMINISTRATIVE CITATIONS
 
AC 03-5
IEPA v. Loxley, Inc. – In response to a joint stipulation and
settlement agreement in this administrative citation action involving
a Cass County facility, the Board found that respondent had
violated Section 21(p)(1) of the Environmental Protection Act (415
ILCS 5/21(p)(1) (2002)) and ordered respondent to pay a civil
penalty of $1,500. The Board also granted the parties’ joint motion
to dismiss respondent’s petition for review and the alleged
violations of 415 ILCS 5/21(p) (3), (4), (7) (2002).
 
5-0
AC 05-51
County of Sangamon v. Patrick O’Keefe – The Board granted
complainant’s motion for voluntary dismissal of this administrative
citation.
 
5-0
AC 05-61
IEPA v. Timothy Pearce – The Board accepted for hearing a
petition for review of an administrative citation against this Clay
County respondent.
 
5-0
AC 05-64
IEPA v. Charles Bellemey and Willie Doucher – The Board
accepted for hearing, respondent, Charles Bellemey’s petition for
review of an administrative citation. Because Willie Doucher
(Doucher) failed to timely file a petition for review, the Board
found that this Champaign County respondent violated Section
21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2002)),
and ordered Doucher to pay a civil penalty of $3,000
.
 
  
5-0
AC 05-65
County of Montgomery v. Michael Schwab – The Board found that
this Montgomery County respondent violated Section 21(p)(1) and
(p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2002)), and ordered
respondent to pay a civil penalty of $3,000
.
 
 
5-0
 
2

 
 
AC 05-67
IEPA v. Donald E. and Mary A. Jennings – The Board found that
these Brown County respondents violated Section 21(p)(1) of the
Act (415 ILCS 5/21(p)(1) (2002)), and ordered respondents to pay a
civil penalty of $1,500
.
 
 
5-0
AC 05-70
IEPA v. James Stutsman – The Board accepted an administrative
citation against this Mason County respondent.
 
AC 05-71
IEPA v. Gene Breeden – The Board accepted an administrative
citation against this Iroquois County respondent.
 
AC 05-72
IEPA v. Gary Clover d//a Clover Concrete – The Board accepted an
administrative citation against this Williamson County respondent.
 
AC 05-73
County of LaSalle v. Harriet Baugher and John Baugher – The
Board accepted an administrative citation against these LaSalle
County respondents.
 
AC 05-74
IEPA v. Richard Holmes d/b/a/ Rich’s Towing and Linda Holmes –
The Board accepted an administrative citation against these Jackson
County respondents.
 
AC 05-75
County of Montgomery v. Lawrence and Tina Dickenson – The
Board accepted an administrative citation against these
Montgomery County respondents.
 
 
3

 
ADJUDICATORY CASES
 
Decisions
 
PCB 05-89
People of the State of Illinois v. Redfearn Earthmoving, Inc. – In
this water enforcement action concerning a Jo Daviess 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 $2,000,
and to cease and desist from further violations.
 
5-0
W-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 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 03-214
PCB 05-48
(not cons.)
Illinois Ayers Oil Company v. IEPA – No action taken.
 
UST
Appeal
4

 
 
PCB 03-222
People of the State of Illinois v. Mecalux Illinois, 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 04-49
Jo'Lyn Corporation v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this permit appeal involving a
McHenry County facility.
 
5-0
P-A, Land
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.
 
 
Johnson
A-E
PCB 04-186
Waste Management of Illinois, Inc. v. County Board of Kankakee
County – No action taken.
 
P-C-F-S-R
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 05-13
People of the State of Illinois v. Paul DiFranco, Sr. and Mark’s
Construction, 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 05-29
Mather Investment Properties, L.L.C. v. Illinois State Trapshooters
Association, Inc. – No action taken.
 
L-E
 
5

PCB 05-49
Morton F. Dorothy v. Flex-N-Gate Corporation – No action taken.
 
A&L-E
PCB 05-127
Richard Karlock v. IEPA – No action taken.
 
UST
Appeal
PCB 05-158
Wilson Sporting Goods 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.
 
UST
Appeal
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 05-196
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
PCB 05-197
Pete’s 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 Marion County facility.
 
5-0
UST
Appeal
90-Day
Ext.
PCB 05-198
Basic Wire & Cable 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.
6

 
 
PCB 05-199
People of the State of Illinois v. Champion Environmental Services,
Inc. – The Board accepted for hearing this air enforcement action
involving a site located in Rock Island County.
 
5-0
A-E
PCB 05-200
People of the State of Illinois v. Greg Rudeen individually and
d/b/a Rock River Townhomes and d/b/a Rudeen and Associates –
The Board accepted for hearing this water enforcement action
involving a site located in Winnebago County.
 
5-0
W-E
 
 
CASES PENDING DECISION
AC 04-63
AC 04-64
(cons.)
 
County of Jackson v. Egon Kamarasy
 
 
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 June 16, 2005, by a vote of 5-0.
 
 
 
  
  
  
  
  
  
 
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
 
  
7

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