MAY 18, 2006 CHICAGO OFFICE
100 W. Randolph Street
Conference Room 9-040
11:00 A.M.
ANNOUNCEMENTS
Chairman Girard 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 May 4, 2006 meeting were approved by a vote of 4-0.
RULEMAKINGS
R06-12
In the Matter of: UST Update, USEPA Regulations (July 1, 2005
through December 31, 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 July 1, 2005 through December 31, 2005..
4-0
R, Land
R06-14
In the Matter of: Exemptions from the Definition of VOM Update,
USEPA Regulations (July 1, 2005 through December 31, 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 July 1, 2005 through December 31, 2005.
4-0
R, Air
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
ADJUSTED STANDARDS
None
ADMINISTRATIVE CITATIONS
AC 04-75
IEPA v. Charles L. Parker – The Board entered a final opinion and
order requiring respondent to pay
hearing costs of the Illinois
Environmental Protection Agency and the Board in the amount of
$309.49 and a civil penalty of $4,500. This order follows the
Board's interim order of March 16, 2006, which found that this
respondent had violated Sections 21(p)(1), (3) and (7) of the
Environmental Protection Act. (415 ILCS 5/21(p)(1), (3), and (7)
(2004)).
4-0
AC 05-18
IEPA v. William Shrum – The Board entered a final opinion and
order requiring respondent to pay
hearing costs of the Illinois
Environmental Protection Agency and the Board in the amount of
$306.88 and a civil penalty of $4,500, $3,000 for a second violation
of Section 21(p)(1), and $1,500 for the first violation of Section
21(p)(7). This order follows the Board's interim order of March 16,
2006, which found that this respondent had violated Sections
21(p)(1) and (7) of the Environmental Protection Act. (415 ILCS
5/21(p)(1), (7) (2004)).
4-0
AC 05-63
IEPA v. John Malloch – The Board entered a final opinion and
order requiring respondent to pay
hearing costs of the Illinois
Environmental Protection Agency and the Board in the amount of
$289.70 and a civil penalty of $4,500. This order follows the
Board's interim order of March 16, 2006, which found that this
respondent had violated Sections 21(p)(1), (3) and (7) of the
Environmental Protection Act. (415 ILCS 5/21(p)(1), (3), and (7)
(2004)).
4-0
AC 05-80
County of Kankakee v. John and Ella Hall and South Holland Trust
#10897 – The Board denied complainant’s untimely motion to the
amend complaint, since this docket was closed December 1, 2005.
4-0
AC 06-31
Ogle County Solid Waste Management Department v. Wayne L.
4-0
3
Fisher & Christina C. Fisher – The Board directed respondent to
file an amended petition for review specifying the grounds for
appeal within 30 days, or the Board will dismiss this matter.
AC 06-33
IEPA v. Johnny Kemper d/b/a Kemper Tree Services and Johnny
Kemper – The Board accepted for hearing this petition for review
of an administrative citation against these Edgar County
respondents.
4-0
AC 06-35
IEPA v. Jerry L. Watson – The Board directed respondent to file an
amended petition for review specifying the grounds for appeal
within 30 days, or the Board will dismiss this matter.
4-0
AC 06-36
IEPA v. Robert J. Kerker and Dale Kerker d/b/a Kerker
Construction – The Board found that these Schuyler County
respondents 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
respondents to pay a civil penalty of $4,500
.
4-0
AC 06-37
County of Jackson v. James Qualls – The Board found that this
Jackson County respondent violated Section 21(p)(1) and (p)(7) of
the Act (415 ILCS 5/21(p)(1), (p)(7) (2004)). Because there are two
violations of Section 21(p) and these violations are subsequent
offenses, respondent was ordered to pay a civil penalty of $6,000
.
4-0
AC 06-38
County of Wayne v. Mr. William Slane – The Board accepted an
administrative citation against this Wayne County respondent.
AC 06-39
City of Chicago Department of Environment v. Speedy Gonzalez
Landscaping, Inc. – The Board accepted an administrative citation
against this Cook County respondent.
AC 06-40
City of Chicago Department of Environment v. Jose R. Gonzalez –
The Board accepted an administrative citation against this
Cook County respondent.
4
AC 06-41
City of Chicago Department of Environment v. 1601-1759 East
130th Street, L.L.C. – The Board accepted an administrative
citation against this Cook County respondent.
AC 06-42
County of LaSalle v. Bill Shawback – The Board accepted an
administrative citation against this LaSalle County respondent.
AC 06-43
County of LaSalle v. Bill Shawback – The Board accepted an
administrative citation against this LaSalle County respondent.
ADJUDICATORY CASES
Decisions
None
Motions and Other Matters
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt, Co., Inc.,
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 Asphalt
Co., Inc. – No action taken.
W-E
PCB 97-97
OK Service Center, Ltd. v.. IEPA – The Board granted this Cook
County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
4-0
UST
Appeal
PCB 97-112
OK Service Center, Ltd. v. IEPA - The Board granted this Cook
County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
4-0
UST
Appeal
5
PCB 00-104
People of the State of Illinois v. The Highlands, L.L.C., Murphy
Farms, Inc. a/k/a Murphy Family Farms, and Bion Technologies,
Inc. – No action taken.
A-E
PCB 03-183
People of the State of Illinois v. Passavant Area Hospital – 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 Morgan County facility, the
Board ordered publication of the required newspaper notice.
4-0
A-E
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 03-215
People of the State of Illinois v. Huck Store Fixture Co., Inc. –
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 an Adams County facility,
the Board ordered publication of the required newspaper notice.
4-0
A-E
PCB 04-31
PCB 05-43
(cons.)
Broadus Oil v. IEPA – No action taken.
UST Fund
PCB 05-139
People of the State of Illinois v. Bath Incorporated – The Board
granted complainant’s motion for summary judgment and ordered
respondent to reimburse the Illinois Environmental Protection
Agency for response action costs in the amount of $2,838,368.53
and to pay $8,515,105.59 in punitive damages.
4-0
L-E
PCB 05-157
Grand Pier Center L.L.C. 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 Tronox L.L.C., f/k/a Kerr-McGee Chemical
L.L.C. – The Board granted the motion of respondent/counter-
complainant Tronox L.L.C., f/k/a Kerr-McGee Chemical L.L.C., to
withdraw its summary judgment and to motion amend the caption
as directed here.
4-0
Citizens
L-E
6
PCB 05-180
People of the State of Illinois v. ACI Environmental Corporation
and Asbestos Control, Inc. – 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 DuPage County facility, the Board ordered publication
of the required newspaper notice.
4-0
A-E
PCB 06-2
People of the State of Illinois v. Laidlaw Corporation – 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 Massac County facility, the
Board ordered publication of the required newspaper notice.
4-0
L-E
PCB 06-33
People of the State of Illinois v. J&S Companies, Inc. and First
Choice Construction, Inc. – No action taken.
L-E
PCB 06-51
People of the State of Illinois v. CSX Transportation, Inc. – No
action taken.
A,L,&W-E
PCB 06-53
C&F Packing Company, Inc. v. IEPA and Lake County – No action
taken, as the hearing officer granted the motion to withdraw motion
to strike affirmative defenses on May 17, 2006.
W-V
PCB 06-130
PCB 06-145
Arlyn D. Fisk d/b/a Arlyn Fisk’s Service Center v. IEPA – The
Board granted petitioner’s motion to consolidate PCB 06-130 and
PCB 06-145 for purposes of hearing.
4-0
UST
Appeal
PCB 06-135
Environmental Protection Industries, Inc. v. IEPA – The Board
dismissed this underground storage tank appeal for petitioner’s
failure to file an amended petition for review as ordered on
February 16, 2006.
3-0
Melas
abstained
UST
Appeal
7
PCB 06-141
Flagg Creek Water Reclamation District v. Village of Hinsdale,
Metropolitan Water Reclamation District of Greater Chicago,
Illinois Department of Transportation, and DuPage County – No
action taken. Board Member Melas will be recusing himself from
this matter.
W-E
PCB 06-143
People of the State of Illinois v. Astec Mobile Screens, Inc. – Upon
receipt of a proposed stipulation and settlement agreement and an
agreed motion to request relief from the hearing requirement in this
Resources Conservation Recovery Act enforcement action
involving a Whiteside County facility, the Board ordered
publication of the required newspaper notice.
4-0
L-E
PCB 06-152
James Chew and Lynn Chew v. Dirk F. Borgsmiller and Sports
Blast, L.L.C. – The Board found that the alleged violations were
neither duplicative nor frivolous and accepted for hearing this
matter involving a Jackson County site.
4-0
Citizens
N-E
PCB 06-156
Midwest Generation, L.L.C.,Will County Generating Station v.
IEPA – No action taken.
P-A, Air
PCB 06-160
People of the State of Illinois v. Matrix National Investment Corp.
– The Board accepted for hearing this water enforcement action
involving a site located in Jo Daviess County.
4-0
W-E
PCB 06-161
Bill, Pat, and Brad Walk (Property Identification Number 2127-02-
00-300-004) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Bill, Pat, and Brad Walk located
in Shelby 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 06-162
C&B Farms-Kingston (Property Identification Number 05-02-300-
007) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of C&B Farms-Kingston located in
DeKalb 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 06-163
The Theodore Kosloff Trust (as formed by the Irrevocable
Agreement of Trust of Theodore Kosloff, dated December 6, 1989,
for Rachel Kosloff and Abigail Kosloff, a Pennsylvania trust) v.
A&B Wireform Corporation – No action taken.
Citizens
L-E
PCB 06-164
Village of Caseyville, Illinois v. IEPA – The Board accepted for
hearing this permit appeal involving a St. Clair County facility.
4-0
P-A, Water
PCB 06-165
The Andersons Agriservices, Inc.-Champaign (Property
Identification Number 12-14-29-400-004) v. IEPA – Upon receipt
of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Andersons Agriservices, Inc. located in Champaign
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 06-166
Wabash Valley Service Company-McLeansboro (Property
Identification Numbers 07-044-001-00 and 11-025-005-10) v.
IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Wabash Valley Service Company-
McLeansboro located in Hamilton 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
9
PCB 06-167
Sheffey Farms, Inc. (Pearl City Facility) (Property Identification
Number 89-17-10-100-004) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Sheffey Farms, Inc.
(Pearl City Facility) 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 06-168
Larry Wernsing (Raymond Facility) (Property Identification
Number 13-000-148-00) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Larry Wernsing
(Raymond Facility) located in Montgomery 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 06-169
Patrick J. Harms Hog Production (Charlotte Facility) (Property
Identification Number 24-24-18-300-007) v. IEPA – Upon receipt
of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Patrick J. Harms Hog Production (Charlotte Facility)
located in Livingston 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 06-170
Patrick J. Harms Hog Production (Pleasant Ridge Facility)
(Property Identification Number 23-23-17-300-009) v. IEPA –
Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Patrick J. Harms Hog Production (Pleasant Ridge
Facility) located in Livingston 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 06-171
American Bottom Conservancy v. IEPA and United States Steel
Corporation – Granite City Works – The Board accepted for
hearing this permit appeal involving a St. Clair County facility.
The Board also granted leave to appear pro hac vice to Maxine I.
Lipeles on behalf of petitioner.
4-0
P-A,
NPDES
3d Party
PCB 06-172
People of the State of Illinois v. The Carle Foundation Hospital – 4-0
10
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 Champaign County
facility, the Board ordered publication of the required newspaper
notice.
L-E
CASES PENDING DECISION
PCB 06-137
City of Springfield v. IEPA (due 6/1)
W-V
OTHER ITEMS
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:40
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on June 1, 2006, by a vote of .
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
