ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
SEPTEMBER 1, 2005 CHICAGO OFFICE
Chicago/Springfield Videoconference
CHICAGO OFFICE – 100 W. Randolph Street
Videoconference Room 11-512
And
SPRINGFIELD OFFICE – 1021 N. Grand Avenue East
Oliver Holmes Conference Room 2012 N – Second Floor
11:00 A.M.
ANNOUNCEMENTS
After calling the meeting to order, Chairman Novak welcomed members of the public and staff.
(The audio connection between the Springfield and Chicago sites was of good quality throughout
the meeting, but the video connection could not be established due to technical difficulties.)
ROLL CALL
The Clerk of the Board called the roll.
All Board Members answered present.
APPROVAL OF MINUTES
Minutes of the August 18, 2005 meeting were approved by a vote of 4-0. Member Melas
abstained.
RULEMAKINGS
R04-26
In the Matter of: Interim Phosphorus Effluent Standard, Proposed
35 Ill. Adm. Code 304.123(g-k) – No action taken.
R, Water
R06-1
In the Matter of: UST Update, USEPA Regulations (January 1,
2005 through June 30, 2005) – The Board dismissed this reserved
identical-in-substance docket because the United States
Environmental Protection Agency did not amend its exemptions
from the definition of underground storage tank during the update
period of January 1, 2005 through June 30, 2005.
5-0
R, Land
R06-2
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (January 1, 2005 through June 30, 2005) – The Board
dismissed this reserved identical-in-substance docket because the
United States Environmental Protection Agency did not amend its
wastewater pretreatment regulations during the update period of
January 1, 2005 through June 30, 2005.
5-0
R, Water
R06-3
In the Matter of: Definition of VOM Update, USEPA Amendments
(January 1, 2005 through June 30, 2005) – The Board dismissed
this reserved identical-in-substance docket because the United
States Environmental Protection Agency did not amend its volatile
organic material emission regulations during the update period of
January 1, 2005 through June 30, 2005.
5-0
R, Air
R06-4
In the Matter of: SDWA Update, USEPA amendments (January 1,
2005 through June 30, 2005) – The Board dismissed this reserved
identical-in-substance docket because the United States
Environmental Protection Agency did not amend its public water
supply regulations during the update period of January 1, 2005
through June 30, 2005.
5-0
R, Land
R06-8
In the Matter of: Proposed Site-Specific Perlite Waste Disposal
Regulation Applicable to Silbrico Corporation (35 Ill. Adm. Code
Part 810 – The Board granted the motion to waive the petition
requirement and accepted for hearing Silbrico Corporation’s July
19, 2005 proposal for a site-specific rulemaking to amend the
Board’s land pollution control regulations.
5-0
R, Land
2
ADJUSTED STANDARDS
AS 05-5
In the Matter of: Petition of Ford Motor Company for an Adjusted
Standard from 35 Ill. Adm. Code 218.586 – The Board granted this
Cook County petitioner an adjusted standard, with conditions, from
the Board’s organic material emission standards and limitations for
the Chicago area with regard to gasoline dispensing and motor
vehicle fueling operations, for its motor vehicle assembly plant.
5-0
Air
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 06-1
County of Vermilion, Illinois v. Phil Rouse – 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)(3) of the Environmental
Protection Act (415 ILCS 5/21(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) (1) (2004).
5-0
AC 06-6
County of Perry v. Joseph Gassell – The Board accepted an
administrative citation against this Perry County respondent.
AC 06-7
County of Perry v. William Campbell, Jr. – The Board accepted an
administrative citation against this Perry County respondent.
AC 06-8
County of Ogle v. Tommy Ray Ramando, DBA Oregon Iron Metal
Reclaimers, Inc. – The Board accepted an administrative citation
against this Ogle County respondent.
3
ADJUDICATORY CASES
Decisions
PCB 01-115
People of the State of Illinois v. Valley Petroleum, Inc. – In this air
and water enforcement action concerning a DuPage 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 $10,000 and to
cease and desist from further violations.
5-0
A,W-E
PCB 04-139
People of the State of Illinois v. Decatur Foundry, Inc. – In this
land enforcement action concerning a Macon 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 $40,000 and to
cease and desist from further violations.
5-0
L-E
PCB 04-205
People of the State of Illinois v. All States Painting, Inc. – In this
air and water enforcement action concerning a Morgan 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 $19,000
and to cease and desist from further violations.
5-0
A&W-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 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 04-216
Midwest Generation EME, L.L.C. v. IEPA – No action taken.
T-S
Appeal
PCB 05-49
Morton F. Dorothy v. Flex-N-Gate Corporation – No action taken.
A&L-E
PCB 05-83
Bowman Oil Company v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank
appeal involving a Franklin County facility.
5-0
UST
Appeal
5
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
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 05-193
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 05-197
Pete’s 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 Marion
County facility.
5-0
UST
Appeal
PCB 05-198
Basic Wire & Cable v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Cook County facility.
5-0
UST
Appeal
PCB 05-212
John & Linda Maracic v. TNT Logistics North America Inc. – The
Board found that the alleged violations were neither duplicative nor
frivolous and accepted for hearing this matter involving a Will
County site.
5-0
Citizens
N-E
PCB 05-213
Vincent & Jennifer Neri v. TNT Logistics North America Inc. –
The Board found that the alleged violations were neither
duplicative nor frivolous and accepted for hearing this matter
involving a Will County site.
5-0
Citizens
N-E
PCB 05-216
Wayne Haser v. TNT Logistics North America Inc. – The Board
found that the alleged violations were neither duplicative nor
frivolous and accepted for hearing this matter involving a Will
County site.
5-0
Citizens
N-E
PCB 05-217
Ken Blouin v. TNT Logistics North America Inc. – The Board
5-0
6
found that the alleged violations were neither duplicative nor
frivolous and accepted for hearing this matter involving a Will
County site.
Citizens
N-E
PCB 05-220
Kenneth E. Medema, Jr. v. TNT Logistics North America Inc. –
The Board found that the alleged violations were neither
duplicative nor frivolous and accepted for hearing this matter
involving a Will County site.
5-0
Citizens
N-E
PCB 06-1
Robert F. Kasella, Jr. v. Kellie R. Kasella v. TNT Logistics North
America Inc. – The Board found that the alleged violations were
neither duplicative nor frivolous and accepted for hearing this
matter involving a Will County site.
5-0
Citizens
N-E
PCB 06-6
ESG Watts, Inc. (Taylor Ridge/Andalusia Landfill) v. IEPA – The
Board granted petitioner's motion to file an amended petition
accepted for hearing this permit appeal involving a Rock Island
County facility.
5-0
P-A, Land
PCB 06-11
Silbrico Corporation v. IEPA – The Board ordered petitioner to file
an amended petition to cure noted deficiencies on or before October
3, 2005, or the matter would subject to dismissal.
5-0
L-V
PCB 06-18
Gold Star FS, Inc. (Lyndon Facility) (Propderty ID No. 15-15-302-
006) v. IEPA – No action taken.
T-C
PCB 06-21
Gold Star FS, Inc. (Erie Facility) (Property ID No. 20-05-152-005)
v. IEPA – No action taken.
T-C
PCB 06-23
Okawville Farmers Elevator Co. (Property ID No. 12-06-20-478-
013) v. IEPA – No action taken.
T-C
7
PCB 06-26
Telzrow Oil 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 Jersey County facility.
5-0
UST
Appeal
90-Day
Ext.
PCB 06-27
People of the State of Illinois v. Joel Hillman – The Board accepted
for hearing this air enforcement action involving a site located in
Lake County.
5-0
A-E
PCB 06-28
Midwest Petroleum Company v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a St. Clair
County facility.
5-0
UST
Appeal
PCB 06-29
Carroll Scientific, Inc. (Operating Permit) v. IEPA – The Board
granted this request for a 90-day extension of time to file a permit
appeal on behalf of this Cook County facility.
5-0
P-A, Air
90-Day
Ext.
PCB 06-30
People of the State of Illinois v. Heneghan & Associates, P.C., an
Illinois corporation – The Board accepted for hearing this public
water supply enforcement action involving a site located in Lake
County.
5-0
PWS-E
PCB 06-31
Carroll Scientific, Inc. (Construction Permit) v. IEPA – The Board
granted this request for a 90-day extension of time to file a permit
appeal on behalf of this Cook County facility.
5-0
P-A, Air
90-Day
Ext.
PCB 06-32
Beverly Bank 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.
5-0
UST
Appeal
90-Day
Ext.
8
9
CASES PENDING DECISION
None.
OTHER ITEMS
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 September 15, 2005, by a vote of.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
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