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

AS 05-7
AC 04-79
AC 04-82
AC 05-69
AC 05-70
AC 05-71
AC 05-72
AC 05-74
AC 05-75
AC 05-76
AC 05-78
AC 05-79
AC 05-80
PCB 04-194

ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

JULY 7, 2005

Chicago/Springfield Videoconference

CHICAGO OFFICE – 100 W. Randolph Street

Videoconference Room 11-512

SPRINGFIELD OFFICE – 1021 N. Grand Avenue East

Oliver Holmes Conference Room 2012 N – Second Floor

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 except for Member

Girard who was absent.

APPROVAL OF MINUTES

Minutes of the June 16, 2005 meeting were approved by a vote of 4-0.

RULEMAKINGS

ADJUSTED STANDARDS

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

City of Chicago Department of Environment v. National Material

Limited Partnership – In response to a joint stipulation and

settlement agreement in this administrative citation action involving

a Cook County facility, the Board found that respondent had

violated Section 21(p)(4) of the Environmental Protection Act (415

ILCS 5/21(p)(4) (2004)) 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 violation

of 415 ILCS 5/21(p) (6) (2004).

IEPA v. John Brown d/b/a John Brown Painting – The Board

entered a final opinion and order requiring respondent to pay

hearing costs of the Illinois Environmental Protection Agency and

the Board in the amount of $404.83 and a civil penalty of $3,000.

This order follows the Board's interim order of May 19, 2005,

which found that this respondent had violated Section 21(p)(1) and

(p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1),

(p)(7) (2004)) at his Massac County facility.

IEPA v. Waste Management of Illinois, Inc. and Michael Wiersema

– The Board found that these DeKalb County respondents violated

Section 21(o)(5) of the Environmental Protection Act (415 ILCS

5/21(o)(5) (2004)), and ordered respondents to pay a civil penalty

IEPA v. James Stutsman – The Board accepted for hearing this

petition for review of an administrative citation against this Mason

County respondent.

IEPA v. Gene Breeden – The Board found that this Iroquois County

respondent violated Section 21(p)(1) and (p)(3) of the Act (415

ILCS 5/21(p)(1), (p)(3) (2004)), and ordered respondent to pay a

civil penalty of $3,000

IEPA v. Gary Clover d/b/a Clover Concrete – The Board accepted

for hearing this petition for review of an administrative citation

against this Williamson County respondent.

IEPA v. Richard Holmes d/b/a Rich’s Towing and Linda Holmes –

The Board accepted for hearing respondent Linda Holmes’ petition

for review of an administrative citation. Because Richard Holmes

d/b/a Rich’s Towing (Richard Holmes) failed to timely file a

petition for review, the Board found that this Jackson County

respondent violated Section 21(p)(1) of the Act (415 ILCS

5/21(p)(1) (2004)), and ordered Richard Holmes to pay a civil

penalty of $1,500

County of Montgomery v. Lawrence & Tina Dickenson – The

Board found that these Montgomery County respondents violated

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

(2004)), and ordered respondents to pay a civil penalty of $3,000

County of Jackson v. Gary D. Clover – The Board accepted for

hearing this petition for review of an administrative citation against

this Jackson County respondent.

County of Kankakee v. Municipal Trust & Savings Bank Trust

#1605 – No action taken.

IEPA v. Richard Lee Tedrow and Penny E. Tedrow – The Board

accepted an administrative citation against these Pike County

County of Kankakee v. John and Ella Hall and South Holland Trust

#10897 – The Board accepted an administrative citation against

these Kankakee County respondents.

ADJUDICATORY CASES

People of the State of Illinois v. Dur-O-Wal, Inc. – In this water

enforcement action concerning a Kane 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) (2004)),

accepted a stipulation and settlement agreement, and ordered the

respondent to pay a total civil penalty of $30,000, and to cease and

desist from further violations.

Motions and Other Matters

Board of Trustees of Southern Illinois University Governing

Southern Illinois University, Edwardsville v. IEPA – No action

Freedom Oil Company v. IEPA – No action taken.

Teresa L. Shepro as Trustee of the Justice W. Shepro Trust, and

Teresa L. Shepro and Frank Wiemerslage as Beneficiaries Under

Trust No. 898 of the Chicago Trust Company v. Newby Oil

Company, David E. Tripp, and Janice L. Tripp – The Board granted

complainants’ motion for voluntary dismissal of this citizens’ land

and water enforcement involving a DeKalb County facility.

Des Plaines River Watershed Alliance, Livable Communities

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

Village of New Lenox – No action taken.

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

County – No action taken.

People of the State of Illinois v. All States Painting, Inc. – Upon

receipt of a proposed stipulation and settlement agreement and an

agreed motion to request relief from the hearing requirement in this

air and water enforcement action involving a Morgan County

facility, the Board ordered publication of the required newspaper

(not cons.)

Commonwealth Edison Company v. IEPA

Midwest Generation EME, L.L.C. v. IEPA – The Board declined

to consolidate these two trade secret appeals, PCB 04-215 and PCB

04-216, at this time. The Board directed the hearing officer to

consider holding the two hearings consecutively and to otherwise

manage these cases so as to allow for the most efficient use of the

resources of the Board and the parties. In addition, the Board

granted petitioner ComEd’s motion to strike from the PCB 04-215

docket pleadings unrelated to that appeal, and directed the Clerk to

amend the records of each appeal as needed to ensure that neither

record contains any filing related solely to the other appeal. The

Board reserved ruling on all other pending issues.

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

Association, Inc. – No action taken.

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

Richard Karlock v. IEPA – No action taken.

People of the State of Illinois v. Concrete Specialities, Co. – 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.

Midwest Petroleum Company v. IEPA – The Board granted

petitioner’s motion for voluntary dismissal of this underground

storage tank appeal involving a St. Clair 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

People of the State of Illinois v. Pattison Associates, L.L.C. and

5701 South Calumet L.L.C. – No action taken.

Harvey B. Whitaker v. IEPA – The Board dismissed this

underground storage tank appeal due to petitioner’s failure to

comply with the Board’s April 21, 2005 order, which ordered

petitioner to file an amended petition to cure noted deficiencies

within 30 days.

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

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

The Board found that the alleged violations were neither

duplicative nor frivolous, struck complainants’ request for attorney

fees and costs, and accepted for hearing this matter involving a

Hamilton County site.

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

Cleaners –The Board found that the alleged violations were neither

duplicative nor frivolous and accepted for hearing this matter

involving a Macon County site.

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. First Rockford Group, Inc., Village

of Cherry Valley, Heritage Engineering, Ltd., and Schlichting &

Sons Excavating, Inc. – The Board accepted for hearing this public

water supply enforcement action involving a site located in

Winnebago County.

Wayne Haser v. TNT Logistics – The Board held for a later

duplicative/frivolous determination this citizen’s noise enforcement

action involving a Will County facility.

Ken Blouin v. TNT Logistics – The Board held for a later

duplicative/frivolous determination this citizen’s noise enforcement

action involving a Will County facility.

13 East Quick Stop v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Williamson County

People of the State of Illinois v. Conair Corporation – The Board

accepted for hearing this air, land, and Resource Conservation and

Recovery Act, enforcement action involving a site located in

Champaign County.

Kenneth E. Medema, Jr. v. TNT Logistics – The Board held for a

later duplicative/frivolous determination this citizen’s noise

enforcement action involving a Will County facility.

People of the State of Illinois v. Ron Freeman individually and

d/b/a Harbor Lites-Pistakee Fishing Club – The Board accepted for

hearing this public water supply enforcement action involving a site

located in Lake 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 21, 2005, by a vote of 4-0.