October 20, 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 October 6, 2005 meeting were approved by a vote of 4-0. Chairman Novak
abstained.
RULEMAKINGS
R06-5
R06-6
R06-7
(cons.)
In the Matter of: UIC Corrections, USEPA Amendments (January
1, 2005 through June 30, 2005); In the Matter of: RCRA Subtitle D
Update, USEPA Amendments (January 1, 2005 through June 30,
2005); In the Matter of: RCRA Subtitle C Update, USEPA
Amendments (January 1, 2005 through June 30, 2005) – The Board
adopted a proposal for public comment in this consolidated
“identical-in-substance” rulemaking to amend the Board’s
underground injection control, municipal solid waste landfill, and
hazardous waste regulations.
5-0
R, Land
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
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 second 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)).
5-0
R, Proc.
Rules
R06-10
In the Matter of: Proposed Amendments to Tiered Approach to
Corrective Action Objectives (35 Ill. Adm. Code 742) – The Board
accepted for hearing the Illinois Environmental Protection Agency
September 30, 2005 proposal to amend the Board’s land pollution
control regulations.
5-0
R, Land
ADJUSTED STANDARDS
AS 05-2
In the Matter of: Petition of the Village of Bensenville for an
Adjusted Standard from 35 Ill. Adm. Code 620.410 Regarding
Chloride – The Board granted this DuPage County petitioner an
adjusted standard, with conditions, from the chloride Class I
groundwater quality standard.
5-0
PWS
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
3
AS 06-1
In the Matter of: Petition of Lafarge Midwest, Inc. for an Adjusted
Standard from 35 Ill. Adm. Code 739.161 Pursuant to 35 Ill. Adm.
Code 720.132 and 720.133 – The Board directed petitioner to file
an amended petition to cure noted deficiencies within 45 days from
the date of this order, or the Board will dismiss this matter.
5-0
Land
ADMINISTRATIVE CITATIONS
AC 05-20
IEPA v. John Groff – The Board entered an interim opinion and
order finding respondent violated Section 21(p)(1), (p)(3) and
(p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2004)) and
assessing a penalty of $4,5000. The Board ordered the Clerk of the
Board and the Environmental Protection Agency to file within 14
days a statement of hearing costs, supported by affidavit, with
service on respondent. The Board will then issue a final order
assessing hearing costs.
5-0
AC 05-80
County of Kankakee v. South Holland Trust #10897 and John &
Ella Hall – No action taken.
AC 06-8
County of Ogle v. Thomas Ray Ramando d/b/a Oregon Iron Metal
Reclaimers, Inc. – The Board found that this Ogle County
respondent violated Sections 21(p)(1) and (p)(7) of the Act (415
ILCS 5/21(p)(1), (p)(7) (2004)), and ordered respondent to pay a
civil penalty of $3,000.
5-0
AC 06-10
IEPA v. Guiffre II, L.L.C. – The Board accepted an administrative
citation against this Winnebago County respondent.
AC 06-11
IEPA v. Paul Freeman and Freeman Environmental Services, Inc. –
The Board accepted an administrative citation against these
Williamson County respondents.
AC 06-12
IEPA v. Beardstown Truck Wash, L.L.C. – The Board accepted an
administrative citation against this Cass County respondent.
4
ADJUDICATORY CASES
Decisions
PCB 05-28
People of the State of Illinois v. Color Communications, Inc. – 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 $90,000 and to
cease and desist from further violations.
5-0
A-E
PCB 05-95
People of the State of Illinois v. Wienmar, Inc d/b/a Marble Works
– 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 $55,000 and to
cease and desist from further violations.
5-0
A-E
PCB 05-200
People of the State of Illinois v. Greg Rudeen individually and
d/b/a Rock River Townhomes and d/b/a Rudeen and Associates –
In this water enforcement action concerning a Winnebago 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 $8,000
and to cease and desist from further violations.
5-0
W-E
5
PCB 06-4
People of the State of Illinois v. Leonard Foster d/b/a Rivercrest
Mobile Home Park – In this public water supply enforcement action
concerning a Kankakee 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
PWS-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
PCB 00-104
People of the State of Illinois v. The Highlands, L.L.C. and Murphy
Farms, Inc. – The Board granted respondent Murphy Farms leave to
withdraw the alleged statutes of limitations defense. The Board
granted complainant’s motion to strike Murphy Farms’ alleged
affirmative defense that the odor air pollution claims in count III
are unconstitutionally vague. Finally, the Board directed Murphy
Farms to file an amended pleading by November 19, 2005, or the
Board will strike the affirmative defense of
laches
.
5-0
A-E
PCB 03-22
People of the State of Illinois v. Saint-Gobain Containers, Inc. – No
action taken.
A-E
6
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 04-7
People of the State of Illinois v. 4832 S. Vincennes, L.P. and
Batteast Construction Company, Inc. – No action taken.
A-E
PCB 04-13
People of the State of Illinois v. Intermatic Incorporated – 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 McHenry County facility, the
Board ordered publication of the required newspaper notice.
5-0
A-E
PCB 04-48
Village of Robbins and Allied Waste Transportation, Inc. v. IEPA –
No action taken.
P-A, Land
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 04-185
Midwest Generation EME, L.L.C. v. IEPA – No action taken.
T-S
Appeal
PCB 04-215
Commonwealth Edison Company v. IEPA – No action taken.
T-S
Appeal
7
PCB 04-216
Midwest Generation EME, L.L.C. v. IEPA – No action taken.
T-S
Appeal
PCB 04-226
People of the State of Illinois v. P&J Super Auto Body Shop, Inc.
and Julio Gallegos – 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
Cook County facility, the Board ordered publication of the required
newspaper notice.
5-0
L-E
PCB 05-49
Morton F. Dorothy v. Flex-N-Gate Corporation – The Board
granted summary judgment in favor of respondent on counts II
through VI of the complaint. The Board denied both parties’
motions for summary judgment on count I of the complaint. The
Board also granted respondent’s motion to strike and admonish, but
denied complainant’s motion to strike and admonish. The Board
directed the hearing officer to resolve the remaining outstanding
motions relating to discovery and to proceed expeditiously to
hearing on count I of the complaint.
5-0
A&L-E
PCB 05-74
Hartford Working Group v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this permit appeal involving a
Madison County facility.
5-0
P-A, Air
PCB 05-84
Gateway FS, Inc. v. IEPA – The Board granted petitioner’s motion
for voluntary dismissal of this underground storage tank appeal
involving a Randolph County facility.
5-0
UST
Appeal
PCB 05-128
A&R, Inc. v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal
involving a Cook County facility.
5-0
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. – No action taken.
Citizens
L-E
8
PCB 05-186
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.
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 06-10
Kane Illinois Properties 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 Lake County facility.
5-0
UST
Appeal
PCB 06-11
Silbrico Corporation v. IEPA – The Board granted petitioner’s
motion for extension of time to file an amended petition until
October 24, 2005.
5-0
L-V
PCB 06-29
PCB 06-31
Carroll Scientific, Inc. (Operating Permit) v. IEPA and Carroll
Scientific, Inc. (Construction Permit) v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of these consolidated
permit appeals involving a Cook County facility.
5-0
P-A, Air
PCB 06-48
People of the State of Illinois v. STS Consultants, Ltd. – The Board
accepted for hearing this public water supply enforcement action
involving a site located in Will County.
5-0
PWS-E
PCB 06-49
People of the State of Illinois v. Premier Waste & Recycling, Inc. –
The Board accepted for hearing this land enforcement action
involving a site located in Cook County.
5-0
L-E
PCB 06-50
E&L Trucking Company v. IEPA – No action taken.
UST
Appeal
PCB 06-51
People of the State of Illinois v. CSX Transportation, Inc. – The
Board accepted for hearing this air, land and water enforcement
action involving a site located in Edwards County.
5-0
A,L,W-E
9
PCB 06-52
Knapp Oil Company, Don’s 66 v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a Richland
County facility.
5-0
UST
Appeal
CASES PENDING DECISION
PCB 06-11
Silbrico Corporation v. IEPA – (due 11/3/05)
L-V
OTHER ITEMS
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Novak adjourned the meeting at 11:30
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on November 3, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
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