JULY 21, 2005 CHICAGO OFFICE
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 July 7, 2005 meeting were approved by a vote of 4-0. Member Girard abstained.
RULEMAKINGS
None.
ADJUSTED STANDARDS
AS 05-7
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.
Land
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
ADMINISTRATIVE CITATIONS
AC 05-28
County of Vermilion, Illinois v. Bill Wernigk – In response to a
joint stipulation and settlement agreement in this administrative
citation action involving a Vermilion County facility, the Board
found that respondent had violated Section 21(p)(1) of the
Environmental Protection Act (415 ILCS 5/21(p)(1) (2004)) and
ordered respondent to pay a civil penalty of $3,000. 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)
(7) (2004).
5-0
AC 05-78
County of Kankakee v. Municipal Trust & Savings Bank Trust
#1605 – No action taken.
AC 06-1
County of Vermilion, Illinois v. Phil Rouse – The Board accepted
for hearing this petition for review of an administrative citation
against this Vermilion County respondent.
ADJUDICATORY CASES
Decisions
PCB 03-222
People of the State of Illinois v. Mecalux Illinois, Inc. – In this air
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 $45,000 and to cease and
desist from further violations.
5-0
A-E
3
PCB 04-162
People of the State of Illinois v. Asbestos Control and
Environmental Service Corporation – 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) (2004)), accepted a stipulation
and settlement agreement, and ordered the respondent to pay a total
civil penalty of $20,000 and to cease and desist from further
violations.
5-0
A-E
PCB 05-13
People of the State of Illinois v. Paul DiFranco, Sr. and Mark’s
Construction, Inc. – In this air 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 $22,000, and to cease and desist from further violations.
5-0
A-E
Motions and Other Matters
PCB 00-104
People of the State of Illinois v. The Highlands, L.L.C. and Murphy
Farms, Inc. – No action taken.
A-E
PCB 01-51
Georgia-Pacific Tissue, L.L.C. v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this permit appeal
involving a Cook County facility.
5-0
P-A, Air
PCB 02-11
PCB 02-32
(Cons.)
Doris Glave v. Brent Harris, Patty Harris, and Winds Chant Kennel,
Inc.; Village of Grayslake v. Winds Chant Kennel, Inc. – No action
taken.
Citizens
N-E
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 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 03-70
Illinois Ayers Oil Company v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving a Cass County facility.
5-0
UST
Appeal
PCB 04-72
Willaredt Oil Company v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Macon 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 04-139
People of the State of Illinois v. Decatur Foundry, Inc. – Upon
receipt of a proposed stipulation and settlement agreement and an
agreed motion to request relief from the hearing requirement in this
land enforcement action involving a Macon County facility, the
Board ordered publication of the required newspaper notice.
5-0
L-E
PCB 04-186
Waste Management of Illinois, Inc. v. County Board of Kankakee
County – The Board denied Keith L. Runyon’s motions to
intervene, and then denied petitioner’s motion to strike those
motions as moot.
5-0
P-C-F-S-R
PCB 04-215
Commonwealth Edison Company v. IEPA - No action taken.
T-S
Appeal
PCB 04-216
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. – The Board found that the alleged violations
were neither duplicative nor frivolous and accepted for hearing this
matter involving a Sangamon County site. The Board denied the
motion for stay and directed the hearing officer to proceed
expeditiously to hearing.
5-0
Citizens
L-E
PCB 05-49
Morton F. Dorothy v. Flex-N-Gate Corporation – No action taken.
A&L-E
PCB 05-109
Paul Johnson, Inc. v. IEPA and City of Waterman, Illinois – The
Board granted petitioner’s motion to file certificate of acceptance
instanter and accepted the signed certificate of acceptance of
conditions contained in the Board’s May 19, 2005 opinion and
order, granting the requested water well setback exception.
5-0
WWS
PCB 05-127
Richard Karlock v. IEPA – The Board denied petitioner’s motion
for summary judgment. The Board granted respondent’s motion for
summary judgment and affirmed the Agency’s December 10, 2004
decision denying reimbursement for cost associated with site
investigation due to a lack of supporting documentation.
5-0
UST
Appeal
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 accepted respondent Kerr-McGee’s counter-complaint for
hearing.
5-0
L-E
PCB 05-165
Century Chevy 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
McLean County facility.
5-0
UST
Appeal
PCB 05-181
People of the State of Illinois v. Pattison Associates, L.L.C. and
5701 South Calumet L.L.C. – No action taken.
A-E
6
PCB 05-185
Johnson Oil Company (Arcola) 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 Douglas County facility.
5-0
UST
Appeal
PCB 05-193
Vernon and Elaine Zohfeld v. Robert Drake, Wabash Valley
Service Company, Michael J. Pfister, Noah D. Horton and Steve
Kinder – No action taken.
Citizens
A-E
PCB 05-212
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.
Citizens
N-E
PCB 05-213
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.
Citizens
N-E
PCB 05-216
Wayne Haser v. TNT Logistics – The Board held for a later
duplicative/frivolous determination this citizens’ noise enforcement
action involving a Will County facility.
Citizens
N-E
PCB 05-217
Ken Blouin v. TNT Logistics – The Board held for a later
duplicative/frivolous determination this citizens’ noise enforcement
action involving a Will County facility.
Citizens
N-E
PCB 05-220
Kenneth E. Medema, Jr. v. TNT Logistics – The Board held for a
later duplicative/frivolous determination this citizens’ noise
enforcement action involving a Will County facility.
Citizens
N-E
PCB 06-1
Robert F. Kasella, Jr. v. Kellie R. Kasella v. TNT Logistics – The
Board held for a later duplicative/frivolous determination this
citizens’ noise enforcement action involving a Will County facility.
Citizens
N-E
7
PCB 06-2
People of the State of Illinois v. Laidlaw Corporation – The Board
accepted for hearing this land enforcement action involving a site
located in Massac County.
5-0
L-E
PCB 06-3
People of the State of Illinois v. Lake Egypt Water and Wastewater
District – The Board accepted for hearing this water enforcement
action involving a site located in Williamson County.
5-0
W-E
PCB 06-4
People of the State of Illinois v. Leonard Foster d/b/a Rivercrest
Mobile Home Park – The Board accepted for hearing this public
water supply enforcement action involving a site located in
Kankakee County.
5-0
PWS-E
PCB 06-5
People of the State of Illinois v. GKN Aerospace North America,
Inc. – Upon receipt of a proposed stipulation and settlement
agreement and an agreed motion to request relief from the hearing
requirement in this Resource Conservation and Recovery Act
enforcement action involving a St. Clair County facility, the Board
ordered publication of the required newspaper notice.
5-0
RCRA-E
PCB 06-6
ESG Watts, Inc. (Taylor Ridge/Andalusia Landfill) v. IEPA – The
Board ordered petitioner to file an amended petition to cure noted
deficiencies within 30 days, or the matter would subject to
dismissal.
5-0
P-A, Land
PCB 06-7
Lawrence Keith Padgett and Charlotte Ann Padgett v. Attorney’s
Title Guaranty Fund, Inc. – The Board held for a later
duplicative/frivolous determination this citizens’ noise enforcement
action involving a Champaign County facility.
Citizens
N-E
PCB 06-8
People of the State of Illinois v. Bridgeport Grain, Inc. – The Board
accepted for hearing this air enforcement action involving a site
located in Lawrence County.
5-0
A-E
8
CASES PENDING DECISION
AS 05-4
In the Matter of: Petition of SCA Tissue North America, L.L.C. for
an Adjusted Standard from 35 Ill. Adm. Code 218.301 and
218.302(c)
Land
OTHER ITEMS
The Board granted Chairman’s motion to keep Confidential Minutes for all Closed Deliberative
Sessions from January 1, 2005 to June 30, 2005 (see Open Meetings Act (5 ILCS-120/2.6(d)).
The Board granted Chairman’s motion for approval of 2006 Board Meeting Locations and
Deliberative Session Dates as listed below:
Regular Board Meeting Schedule for Calendar Year 2006
January 5 *
July 6 *
January 19 July 20
February 2 * August 3 **
February 16 August 17
March 2 ** September 7 *
March 16 September 21
April 6 *
October 5 **
April 20 October 19
9
May 4 **
November 2 *
May 18 November 16
June 1 * December 7 *
June 15 December 21
Unless otherwise noted below, Board meetings will be held at the James R.
Thompson Center, 100 W. Randolph Street, Chicago. Exact room locations
will be provided later.
* The Board meetings will be via videoconference both in Chicago, 100
W. Randolph Street, Videoconference Room 11-512, and Springfield,
1021 N. Grand Avenue East, Oliver Holmes Conference Room 2012
N, Second Floor
** The Board meetings will be held in the Board’s Springfield Office, 1021 N.
Grand Avenue East, Conference Room 1244 N, First Floor
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 August 4, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
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