AUGUST 4, 2005 SPRINGFIELD OFFICE
1021 N. Grand Avenue East
Conference Room 1244 N, First 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 July 21, 2005 meeting were approved by a vote of 5-0.
RULEMAKINGS
R06-8
In the Matter of: Proposed Site-Specific Perlite Waste Disposal
Regulation Applicable to Silbrico Corporation (35 Ill. Adm. Code
Part 810 – No action taken.
R, Land
R06-9
In the Matter of: Amendments to the Procedural Rules – “Pollution
Control Facility” Definition Under P.A. 93-0998, P.A. 94-0094,
and P.A. 94-0249 (35 Ill. Adm. Code 101.202) – The Board
adopted for first notice its own proposal to amend its procedural
rules. The proposed rules will reflect three recent amendments to
the definition of “pollution control facility” in the Environmental
Protection Act (Act) (415 ILCS 5/1
et seq
. (2004)). The Board will
accept written public comments but does not expect to hold a public
hearing.
5-0
R, Proc.
Rules
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
ADJUSTED STANDARDS
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) – The Board granted this Cook County petitioner an
adjusted standard, with conditions, from the Board rules concerning
the emission of volatile organic materials, for its facility that
recycles magazines into tissue and toweling products.
5-0
Land
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
ADMINISTRATIVE CITATIONS
AC 04-80
IEPA v. Joseph Luparell and Troy Curley – The Board granted
complainant’s motion for voluntary dismissal of this administrative
citation.
5-0
AC 05-78
County of Kankakee v. Municipal Trust & Savings Bank Trust
#1605 – The Board granted complainant’s motion to remove
Municipal Trust & Savings Bank as respondent and to add James R.
Vining as sole respondent. 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) (2004)), and ordered
respondent to pay a civil penalty of $4,500
.
5-0
AC 05-79
IEPA v. Richard Lee Tedrow and Penny E. Tedrow – The Board
found that these Pike County respondents violated Sections
21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2004)), and ordered
respondents to pay a civil penalty of $1,500
.
5-0
AC 05-80
County of Kankakee v. South Holland Trust #10897 & John & Ella
Hall – No action taken.
3
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.
5-0
AC 06-2
County of LaSalle v. Harriet Baugher and John Baugher – The
Board accepted an administrative citation against these LaSalle
County respondents.
AC 06-3
IEPA v. Alva McDowell d/b/a McDowell Auction Service – The
Board accepted an administrative citation against this Bond County
respondent.
ADJUDICATORY CASES
Decisions
None
Motions and Other Matters
PCB 97-11
People of the State of Illinois v. White & Brewer Trucking – The
Board granted complainant’s motion to voluntarily dismissal of this
enforcement action involving a Montgomery County facility.
5-0
L,W-E
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 01-115
People of the State of Illinois v. Valley Petroleum, 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 DuPage County
facility, the Board ordered publication of the required newspaper
notice.
5-0
A,W-E
4
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. – The
Board granted the parties’ joint motion to stay the proceeding until
May 3, 2006.
5-0
Citizens
N-E
PCB 02-77
People of the State of Illinois v. Millenium Recycling & Solid
Waste Consultants, Inc, Sheri Clementi, Individually and as
President of Millenium Recycling & Solid Waste Consultants, Inc.,
and Michael Lorence – No action taken.
L-E
PCB 02-105
Board of Trustees of Southern Illinois University Governing
Southern Illinois University, Edwardsville v. IEPA – The Board
granted petitioner’s motion for summary judgment in part and
denied the motion in part. Simultaneously, the Board granted the
respondent’s motion for summary judgment in part and denied it in
part. The Board ordered respondent to strike Special Condition 2.B
and remove any reference to Section 302.211(e) from petitioner’s
National Pollutant Discharge Elimination System permit no. IL
0075211. The Board affirmed the issuance of permit no. IL
0075211 with respect to the remaining contested conditions,
Special Condition 2.A and 3.
5-0
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 03-191
People of the State of Illinois v. Community Landfill Company,
Inc. and the City of Morris – No action taken.
L-E
5
PCB 04-84
People of the State of Illinois v. Paramount Developers, 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 DuPage County
facility, the Board ordered publication of the required newspaper
notice.
5-0
W-E
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 04-209
DiMucci Development Corporation v. IEPA – No action taken.
UST
Appeal
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.
Moore
T-S
Appeal
PCB 05-49
Morton F. Dorothy v. Flex-N-Gate Corporation – No action taken.
A&L-E
PCB 05-149
People of the State of Illinois v. Truserv Corporation d/b/a True
Value Manufacturing Company – 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 05-157
Grand Pier Center L.LC. American International Specialty Lines
Insurance Co. as subrogee of Grand Pier Center L.LC, v. River East
L.L.C., Chicago Dock and Canal Trust, Chicago Dock and Canal
Company, and Kerr-McGee Chemical L.L.C. – No action taken.
Citizens
L-E
6
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
PCB 05-183
Webb & Sons, Inc. v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Coles County facility.
5-0
UST
Appeal
PCB 05-187
Southeastern Community Unit School District No. 337 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 Hancock County facility.
5-0
UST
Appeal
PCB 05-188
Road Ranger 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 Macon
County facility.
5-0
UST
Appeal
PCB 05-189
Wayne & Dennis Swanson 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 Kane County facility.
5-0
UST
Appeal
PCB 05-190
Stoller International, Inc. 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 Livingston 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 05-207
People of the State of Illinois v. Precision Twist Drill Company –
The Board granted John J. McAleese, III motion for leave to appear
pro hac vice
on behalf of respondent.
5-0
A-E
7
PCB 05-212
John & Linda Maracic v. TNT Logistics – No action taken.
Citizens
N-E
PCB 05-216
Wayne Haser v. TNT Logistics – No action taken.
Citizens
N-E
PCB 05-217
Ken Blouin v. TNT Logistics – No action taken.
Citizens
N-E
PCB 05-220
Kenneth E. Medema, Jr. v. TNT Logistics – No action taken.
Citizens
N-E
PCB 05-221
People of the State of Illinois v. Ron Freeman individually and
d/b/a Harbor Lites-Pistakee Fishing Club – Upon receipt of a
proposed stipulation and settlement agreement and an agreed
motion to request relief from the hearing requirement in thispublic
water supply enforcement action involving a Lake County facility,
the Board ordered publication of the required newspaper notice.
5-0
PWS-E
PCB 06-1
Robert F. Kasella, Jr. v. Kellie R. Kasella v. TNT Logistics – No
action taken.
Citizens
N-E
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 06-9
The Estate of Gerald Hess v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a Madison
County facility.
5-0
UST
Appeal
8
PCB 06-10
Kane Illinois Properties 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.
5-0
UST
Appeal
90-Day
Ext.
PCB 06-11
Silbrico Corporation v. IEPA – No action taken.
L-V
PCB 06-12
David Billington Farm-Cisne (Property Identification Number 03-
24-025-001) – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of David Billington Farm located in
Wayne County are “pollution control facilities” for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2002)).
5-0
T-C
PCB 06-13
St. Francis Pet Crematory & Kennels, Inc. v. IEPA – The Board
accepted for hearing this permit appeal involving a Winnebago
County facility.
5-0
P-A, Land
PCB 06-14
Q&E Properties, Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Sangamon County
facility.
5-0
UST
Appeal
PCB 06-15
People of the State of Illinois v. Illinois-American Water Company
– The Board accepted for hearing this public water supply
enforcement action involving a site located in Will County.
5-0
PWS-E
CASES PENDING DECISION
AC 04-63
AC 04-64
(cons.)
County of Jackson v. Egon Kamarasy – Final Opinion and Order
9
OTHER ITEMS
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Novak adjourned the meeting at 11:28
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on August 18, 2005, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
