AUGUST 18, 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 except for Member
Melas who was absent.
APPROVAL OF MINUTES
Minutes of the August 4, 2005 meeting were approved by a vote of 4-0.
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
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 04-6
IEPA v. Mary Lou and H. Frank Record – In response to a joint
stipulation and settlement agreement in this administrative citation
action involving a Fulton County facility, the Board found that
respondents had violated Section 21(p)(1) and (p)(3) of the
Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3) (2004))
and ordered respondents to pay a civil penalty of $1,500. The
Board also granted the parties’ joint motion to dismiss respondents’
petition for review and the alleged violation of 415 ILCS 5/21(p)
(7) (2004).
4-0
AC 04-39
County of Jackson v. Edward Tow – The Board granted
complainant's motion to withdraw and dismiss this administrative
citation action involving a Jackson County facility.
4-0
AC 04-63
AC 04-64
(cons.)
County of Jackson v. Egon Kamarasy – The Board entered a final
opinion and order requiring respondent to pay
hearing costs of the
Board in the amount of $378.60 and a civil penalty of $7,5000.
This order follows the Board's interim order of June 16, 2005,
which found that this respondent had violated 21(p)(1), (p)(3) and
(p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2004)) at his
Jackson County facilities.
4-0
AC 05-76
County of Jackson v. Gary Clover – The Board granted
complainant's motion to withdraw and dismiss this administrative
citation action involving a Jackson County facility.
4-0
AC 05-77
IEPA v. Hunter Garrard – The Board found that this Crawford
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
.
4-0
3
AC 05-80
County of Kankakee v. South Holland Trust #10897 & John & Ella
Hall – The Board accepted for hearing John Hall’s petition for
review of an administrative citation against these Kankakee County
respondents. The Board found that South Holland Trust & Savings,
which did not file a petition for review, violated Section 21(p)(1)
and (p)(3) of the Act (415 ILCS 5/21(p)(1), (p)(3) (2004)), but
withholds issuing its final order on South Holland Trust & Savings
until the Board makes its final decision regarding the Halls
.
4-0
AC 06-4
County of Perry v. Charles Tilley – The Board accepted an
administrative citation against this Perry County respondent.
AC 06-5
County of Perry v. Debbie Melvin – The Board accepted an
administrative citation against this Perry County respondent.
ADJUDICATORY CASES
Decisions
PCB 05-148
People of the State of Illinois v. Concrete Specialties Company – 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 $32,500, and
to cease and desist from further violations.
4-0
A-E
Motions and Other Matters
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt, Inc., an
Illinois corporation, Edwin L. Frederick, Jr., individually and as
owner and President of Skokie Valley Asphalt Co., Inc., and
Richard J. Frederick, individually and as owner and Vice President
of Skokie Valley Asphalt Co., Inc. – No action taken.
W-E
4
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 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 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
PCB 03-192
PCB 03-194
PCB 03-195
PCB 03-196
PCB 03-197
PCB 03-203
(cons.)
Owens Oil Company v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of these consolidated underground
storage tank appeals involving a Greene County facility.
4-0
UST
Appeal
PCB 03-193
Jim’s Shell & Marine v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Macoupin County facility.
4-0
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.
4-0
P-A,
NPDES
PCB 04-181
Keller Oil Company/Edgewood v. IEPA – The Board granted 4-0
5
petitioner’s motion for voluntary dismissal of this underground
storage tank appeal involving an Effingham County facility.
UST
Appeal
PCB 04-209
DiMucci Development Corporation v. IEPA – The Board granted
Jeep & Blazer, LLC’s motion to withdraw as legal counsel for
petitioner.
4-0
UST
Appeal
PCB 04-215
Commonwealth Edison Company v. IEPA - The Board denied
Sierra Club’s motion to intervene in this trade secret appeal. In
accordance with the Board’s procedural rules (35 Ill. Adm. Code
101.110, 101.628), however, Sierra Club may participate by
making oral or written statements at hearing and by filing
amicus
curiae
briefs or public comments.
4-0
T-S
Appeal
PCB 04-216
Midwest Generation EME, L.L.C. v. IEPA – The Board denied
Sierra Club’s motion to intervene in this trade secret appeal. In
accordance with the Board’s procedural rules (35 Ill. Adm. Code
101.110, 101.628), however, Sierra Club may participate by
making oral or written statements at hearing and by filing
amicus
curiae
briefs or public comments.
4-0
T-S
Appeal
PCB 05-49
Morton F. Dorothy v. Flex-N-Gate Corporation – No action taken.
A&L-E
PCB 05-108
William Breuer v. IEPA – The Board granted petitioner’s motion
for voluntary dismissal of this underground storage tank appeal
involving a Washington County facility.
4-0
UST
Appeal
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. – The Board granted
J.T. Smith II and Thomas E. Hogan motion for leave to appear
pro
hac vice
on behalf of respondent. The Board reserved ruling on all
other pending issues.
4-0
Citizens
L-E
6
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 05-194
Rosingol Marathon 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 Wabash
County facility.
4-0
UST
Appeal
PCB 05-195
Beckman Service 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 Marion
County facility.
4-0
UST
Appeal
PCB 05-212
John & Linda Maracic v. TNT Logistics – No action taken.
Citizens
N-E
PCB 05-213
Vincent & Jennifer Neri 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 06-1
Robert F. Kasella, Jr. v. Kellie R. Kasella v. TNT Logistics – No
action taken.
Citizens
N-E
7
PCB 06-7
Lawrence Keith Padgett and Charlotte Ann Padgett v. Attorney’s
Title Guaranty Fund, Inc. – The Board found that the alleged
violations were neither duplicative nor frivolous and accepted for
hearing this matter involving a Champaign County site.
4-0
Citizens
N-E
PCB 06-11
Silbrico Corporation v. IEPA – No action taken.
L-V
PCB 06-16
People of the State of Illinois v. OGOCO, Inc. – The Board
accepted for hearing this water enforcement action involving a site
located in Effingham County.
4-0
W-E
PCB 06-17
Morgan Southern Company 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.
4-0
UST
Appeal
90-Day
Ext.
PCB 06-18
Gold Start FS, Inc. (Lyndon Facility) (Property ID No. 15-15-302-
006) v. IEPA. – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that certain agrichemical containment facilities of Gold
Start FS, Inc. located in Whiteside County are pollution control
facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2002)). No action was
taken on the recommendation to deny certification for the portion of
the building over the endloader fertilizer transfer area at the site.
4-0
T-C
PCB 06-19
Pitchco, Inc. (Newton Facility) (Property ID No. 35-02-29-300-
006) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Pitchco, 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 (2004)).
4-0
T-C
8
PCB 06-20
Pitchco, Inc. (Montrose Facility) (Property ID No. 35-02-18-300-
005) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Pitchco, 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 (2004)).
4-0
T-C
PCB 06-21
Gold Star FS, Inc. (Erie Facility) (Property ID No. 20-05-152-005)
v. IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
certain agrichemical containment facilities of Gold Start FS, Inc.
located in Whiteside County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2002)). No action was taken on the
recommendation to deny certification for the portion of the building
over the endloader fertilizer transfer area at the site.
4-0
T-C
PCB 06-22
Walters' Ag Service, Inc. - Farmington (Property ID No. 05-04-03-
400-009) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Walters' Ag Service, Inc. located
in Fulton County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
4-0
T-C
PCB 06-23
Okawville Farmers Elevator Co. (Property ID No. 12-06-20-478-
013) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that certain agrichemical containment facilities of
Okawville Farmers Elevator Co. located in Washington County are
pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10
(2002)). No action was taken on the recommendation to deny
certification for the portion of the building over the endloader
fertilizer transfer area at the site.
4-0
T-C
9
PCB 06-24
Evergreen Lane Farm, Inc. - Freeport (Property ID No. 12-08-28-
100-004) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Evergreen Lane Farm, Inc.
located in Stephenson County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2004)).
4-0
T-C
PCB 06-25
William Breuer v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Washington County
facility.
4-0
UST
Appeal
CASES PENDING DECISION
R04-26
In the Matter of: Interim Phosphorus Effluent Standard, Proposed
35 Ill. Adm. Code 304.123(g-k) – Proposed Rule, Second Notice,
Opinion and Order
R, Water
AS 05-5
In the Matter of: Petition of Ford Motor Company for an Adjusted
Standard from 35 Ill. Adm. Code 218.586 – Final Order, Opinion
and Order
Air
OTHER ITEMS
The Board granted Chairman’s motion to change August 25, 2005 Closed Deliberative Session
starting time from 10:00 a.m. to 9:00 a.m.
Back to top
ADJOURNMENT
10
Moved and seconded, by a vote of 4-0, 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 September 1, 2005, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
