The following is the Illinois Pollution Control Board's tentative agenda for its April 4, 1996 Board meeting. The actual Agenda will be available at 10:30 a.m. Tuesday, April 2, 1996 and will list all motions and case filings received before Monday, Apri

R06-1
R06-2
R06-3
R06-4
R06-5
R05-6
R05-7
AS 05-2
AS 05-7
AC 04-63
AC 04-64
AC 05-66
AC 05-73
AC 05-76
AC 05-77
PCB 04-100
PCB 04-225
PCB 05-63

ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

JUNE 16, 2005 CHICAGO OFFICE

100 W. Randolph Street

Conference Room 9-040

ANNOUNCEMENTS

After calling the meeting to order, Chairman Novak welcomed members of the public and staff.

The Clerk of the Board called the roll.

All Board Members answered present.

APPROVAL OF MINUTES

Minutes of the June 2, 2005 meeting were approved by a vote of 5-0,

RULEMAKINGS

In the Matter of: UST Update, USEPA Amendments (January 1,

2005 through June 30, 2005) – The Board reserved this docket for a

routine update, to make the Board rules “identical in substance” to

United States Environmental Protection Agency rules adopted

during the update period. The update period is January 1, 2005

through June 30, 2005.

In the Matter of: Wastewater Pretreatment Update, USEPA

Amendments (January 1, 2005 through June 30, 2005) - The Board

reserved this docket for a routine update, to make the Board rules

“identical in substance” to United States Environmental Protection

Agency rules adopted during the update period. The update period

is January 1, 2005 through June 30, 2005.

In the Matter of: Definition of VOM Update, USEPA Amendments

(January 1, 2005 through June 30, 2005) - The Board reserved this

docket for a routine update, to make the Board rules “identical in

substance” to United States Environmental Protection Agency rules

adopted during the update period. The update period is January 1,

2005 through June 30, 2005.

In the Matter of SDWA Update, USEPA Amendments (January 1,

2005 through June 30, 2005) - The Board reserved this docket for a

routine update, to make the Board rules “identical in substance” to

United States Environmental Protection Agency rules adopted

during the update period. The update period is January 1, 2005

through June 30, 2005.

In the Matter of: UIC Update, USEPA Amendments (January 1,

2005 through June 30, 2005) - The Board reserved this docket for a

routine update, to make the Board rules “identical in substance” to

United States Environmental Protection Agency rules adopted

during the update period. The update period is January 1, 2005

through June 30, 2005.

In the Matter of: RCRA Subtitle D (Municipal Solid Waste

Landfill) Update, USEPA Amendments (January 1, 2005 through

June 30, 2005) - The Board reserved this docket for a routine

update, to make the Board rules “identical in substance” to United

States Environmental Protection Agency rules adopted during the

update period. The update period is January 1, 2005 through June

In the Matter of: RCRA Subtitle C (Hazardous Waste) Update,

USEPA Amendments (January 1, 2005 through June 30, 2005) -

The Board reserved this docket for a routine update, to make the

Board rules “identical in substance” to United States Environmental

Protection Agency rules adopted during the update period. The

update period is January 1, 2005 through June 30, 2005.

ADJUSTED STANDARDS

In the Matter of: Petition of the Village of Bensenville for an

Adjusted Standard from 35 Ill. Adm. Code 620.410 Regarding

Chloride – The Board accepted for hearing petitioner’s second

amended petition.

In the Matter of: Petition of Waste Management of Illinois, Inc. for

an Adjusted Standard from Subpart D of 35 Ill. Adm. Code 721 and

for RCRA Waste Delisting Under 35 Ill. Adm. Code 720.122 for

Treatment Residual of CID Recycling and Disposal Facility

Biological Liquid Treatment Center – No action taken.

ADMINISTRATIVE CITATIONS

County of Jackson v. Egon Kamarasy – The Board entered an

interim opinion and order finding respondent violated Section

21(p)(1), (p)(3) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3),

(p)(7) (2002)) and assessing a penalty of $7,5000. The violations

were alleged in two separate administrative citations, covering a

different site. 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.

County of Kankakee v. Municipal Trust & Savings Bank Trust

#1697 – The Board found that this Kankakee 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

County of LaSalle v. Harriet Baugher and John Baugher – The

Board on its own motion dismissed this administrative citation due

to complainant’s failure to timely serve the administrative citation

on the respondents and file it with the Board.

County of Jackson v. Gary Clover – The Board accepted an

administrative citation against this Jackson County respondent.

IEPA v. Hunter Garrard – The Board accepted an administrative

citation against this Crawford County respondent.

ADJUDICATORY CASES

People of the State of Illinois v. Roberts Environmental Control,

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)), accepted a stipulation and settlement agreement,

and ordered the respondent to pay a total civil penalty of $7,500,

and to cease and desist from further violations.

People of the State of Illinois v. Prairie Lane Development, L.L.C.

– 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 $11,000,

and to cease and desist from further violations.

People of the State of Illinois v. North Rockwell, L.L.C. – 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 respondent to pay a total civil penalty of $37,000, and

to cease and desist from further violations.

Motions and Other Matters

People of the State of Illinois v. Jersey Sanitation Corporation –

The Board granted respondent’s motion for reconsideration of its

February 3, 2005 Board order, but denied the request to modify the

final opinion and order. The February 3rd

order found respondent

violated various sections of the Environmental Protection Act and

the Board regulations over a 13-year period. The Board ordered the

respondent to pay a total civil penalty of $65,000 and $24,100 to

the Office of the Attorney General.

People of the State of Illinois v. White and Brewer Trucking – No

Board of Trustees of Southern Illinois University Governing

Southern Illinois University, Edwardsville v. IEPA – No action

Freedom Oil Company v. IEPA – No action taken.

(not cons.)

Illinois Ayers Oil Company v. IEPA – The Board denied petitioners

request for supplemental attorney fees.

Des Plaines River Watershed Alliance, Livable Communities

Alliance, Prairie Rivers Network, and Sierra Club v. IEPA and

Village of New Lenox – No action taken.

Illinois State Toll Highway Authority (Des Plaines South) v. IEPA

– The Board granted petitioner’s motion for voluntary dismissal of

these consolidated underground storage tank appeals involving a

Cook County facility.

People of the State of Illinois v. Thomas Gray, an individual, Steve

Whyte, an individual, Gladys Whyte, an individual, Leona

Childress, an individual, and William McCoy, an individual – The

Board granted complainant’s motion to voluntarily dismiss

respondents Leona Childress and William McCoy from this

enforcement action.

People of the State of Illinois v. Asbestos Control and

Environmental Services Corporation – 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.

Illinois State Toll Highway Authority (Des Plaines Oasis North) v.

IEPA – The Board granted petitioner’s motion for voluntary

dismissal of this underground storage tank appeal involving a Cook

County facility.

Waste Management of Illinois, Inc. v. County Board of Kankakee

County, Illinois – The Board denied parties’ joint motion for

People of the State of Illinois v. Dur-O-Wal, 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 Kane County facility, the Board

ordered publication of the required newspaper notice.

(not cons.)

Commonwealth Edison Company v. IEPA

Midwest Generation EME, L.L.C. v. IEPA – No action taken.

Mather Investment Properties, L.L.C. v. Illinois State Trapshooters

Association, Inc. – No action taken.

People of the State of Illinois v. GTC, International – The Board

granted complainant’s motion to voluntarily dismiss this air

enforcement action involving a site located in Cook County.

Morton F. Dorothy v. Flex-N-Gate Corporation – No action taken.

Mac’s Convenience Stores L.L.C. v. IEPA – The Board granted

petitioner’s motion for voluntary dismissal of this underground

storage tank appeal involving a Will County facility.

Red Rooster Corporation f/k/a Clark Retail Enterprises, Inc. (Clark

Oil #2086) v. IEPA – The Board granted petitioner’s motion to

consolidate these underground storage tank appeals involving a

Peoria County facility.

Richard Karlock v. IEPA – No action taken.

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.

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

Crest Automotive 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.

Ye Olde Glass Shoppe 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 Clark County facility.

Clinton County Oil Company, Inc. (Petitioner’s Letter Dated

February 8, 2005) 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

Madison County facility.

Clinton Oil Company, Inc. (Petitioner’s Letter Dated March 2,

2005) 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 Madison County

Vernon and Elaine Zohfeld v. Bob Drake, Wabash Valley Service

Company, Michael J. Pfister, Noah D. Horton, and Steve Kinder –

No action taken.

Kapp, Inc. v. Hartley Carlton individually and d/b/a One Hour

Cleaners – No action taken.

People of the State of Illinois v. Illinois Tool Works, Inc. – The

Board accepted for hearing this air enforcement action involving a

site located in Cook County.

People of the State of Illinois v. Phoenix Finishing, Inc. – The

Board accepted for hearing this air enforcement action involving a

site located in DuPage County.

People of the State of Illinois v. Homewood Disposal Service, Inc.

– The Board accepted for hearing this land enforcement action

involving a site located in Cook County.

People of the State of Illinois v. Lake Street Development L.L.C. –

The Board accepted for hearing this water enforcement action

involving a site located in Lake County.

Young Farms-Sumner (Property Identification Number 08-000-

852-00) v. IEPA – Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and

certified that specified facilities of Young Farms located in

Lawrence County are pollution control facilities for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2002)).

Probst Grain and Livestock, Inc. (Property Identification Numbers

58-06-05-400-010; 58-06-08-200-005; 58-06-09-400-02) v. IEPA -

Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified

facilities of Probst Grain and Livestock, Inc. 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)).

People of the State of Illinois v. Precision Twist Drill Co. – The

Board accepted for hearing this air enforcement action involving a

site located in McHenry County.

Robert Bennett 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 Lake County facility.

Larry’s Automotive 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 Madison County facility.

Borgic Enterprises, Inc.-Newton (Property Identification Number

29-13-35-300-008) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Borgic Enterprises,

Inc. 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)).

Richard Ver Heecke (Property Identification Number 07-21-100-

002) v. IEPA - Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and

certified that specified facilities of Richard Ver Heecke 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)).

John & Linda Maracic v. TNT Logistics – The Board held for a

later duplicative/frivolous determination this citizens’ noise

enforcement action involving a Will County facility.

Vincent & Jennifer Neri v. TNT Logistics - The Board held for a

later duplicative/frivolous determination this citizens’ noise

enforcement action involving a Will County facility.

People of the State of Illinois v. Barry Hayden d/b/a Hayden

Properties – The Board accepted for hearing this water enforcement

action involving a site located in St. Clair County.

ADJOURNMENT

Moved and seconded, by a vote of 4-0, Chairman Novak adjourned the meeting at 11:25

I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board

approved the above minutes on July 7, 2005, by a vote of 4-0.