October 15, 2014 Meeting Minutes

  MINUTES
 

DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND
COUNCIL of ILLINOIS

CHICAGO MARRIOTT NAPERVILLE
NAPERVILLE, ILLINOIS

October 15, 2014

John Polak, chairperson, called the Drycleaner Environmental Response Trust Fund Council of Illinois meeting to order at 10:06 a.m. A quorum was present. Roll call was taken with the following members present:

John Bredenkamp
Sung Do Kang
Daniel Kim (arrived at 10:46 am)
Young B. Kim
Paul Kwak
Jerry Lewicki
John Polak (via telephonic conference)

Also present were:

H. Patrick Eriksen, Program Administrator’s Office
John J. McCarthy, Program Counsel
Dr. Juho So, Program Administrator’s office
Yong Kim, Program Administrator’s office

PRELIMINARY BUSINESS

The minutes from the August 28, 2014 Council meeting were reviewed. On a motion by Mr. Lewicki and a second by Mr. Bredenkamp, the Council approved the minutes by a vote of 6–0.

  APPEAL OF CANCELLATION OF INSURANCE COVERAGE
 

Mr. Eriksen reviewed background information on this drycleaning facility with the Council. Mr. Chong Byun is the owner/operator of the drycleaning facility and failed to submit the required inspection and repair logs to the Fund by June 18, 2014 and his insurance coverage cancelled. Mr. Byun appealed the cancellation to the Administrator who reconfirmed the cancellation decision. Mr. Byun appealed the Administrator’s denial to the Council on August 19, 2014.

At Mr. Byun’s request, Dr. So translated for Mr. Byun. Mr. Byun informed the Council he does a lot of wholesale drycleaning and forgot to submit the inspection and repair logs to the Fund. He acknowledged the Administrator’s staff contacted him via telephone prior to June 18, 2014 and reminded him they needed the inspection and repair logs by June 18th.

After general discussion by the Council, on a motion by Mr. Lewicki and a second by Mr. Young Kim, the Council voted 6-0 to deny reinstatement of the cancelled insurance policy.
  APPROVAL OF PROGRAM BILLINGS
 

Mr. Eriksen noted that there were two bills before the Council for their review and approval. They were as follows:

 

1. Williams & Company Consulting, Inc         $49,852.00
Standard flat fee billing for August 2014, licensing, underwriting, claims processing and site inspections.

 

2. John J. McCarthy                                       $3,674.12
Professional legal services to the Council for the period of August 12, 2014 through October 1, 2014.

  3. Williams & Company Consulting, Inc         $41,527.00
Standard flat fee billing for September 2014, licensing, underwriting, claims processing and site inspections.
  4. Hinshaw & Culbertson        $91.61
Professional Legal Services for the month of August 2014 regarding scheduled administrative law jusge hearing.
 

On a motion by Mr. Bredenkamp and a second by Mr. Lewicki, the Council approved the bills as presented by a vote of 6–0.

  REVIEW OF MONTHLY ACTIVITY REPORT AND FINANCIAL STATEMENTS
 

Mr. Eriksen reviewed the monthly activity report for September 30, 2014 noting 921 licenses were in effect at the end of the month. 506 active dry-cleaning facilities had pollution liability insurance coverage with the Fund and open claims totaled 193, with estimated reserves of $22.5 million.

The September 30, 2014 financial statements reflect a fund balance of $1,330,045. Year-to-date claim payments total $430,910.
  CLAIM PAYMENTS IN EXCESS OF $75,000
 

Mr. Eriksen noted there were two claim payment requests for Council review and approval.

 

A.

Modernway CLeaners, Midlothian, IL; Claim #50799, Site #0002162

   

Dr. So noted the Administrator is requesting budget approval of $26,500 to conduct installation of three (3) off-site bedrock wells and sample all of the on-site and off-site wells. IEPA requested these additional site investigation activites.

After discussion by the Council, on a motion by Mr. Bredenkamp and a second by Mr. Lewicki, the Council approved the $26,500 in additional site investigation funding by a vote of 6-0.
 

B.

Jean-Mars Cleaners, Park Ridge, IL; Claim #50599, Site #0002535

   

Dr. So reviewed background information noting this site requires the installation of a Building Control Technology (BCT) to exclude the indoor air inhalation exposure pathway. The consultant has concluded that an NFR letter can be achieved through the use of an existing groundwater ordinance and engineered barriers to close the soil and groundwater exposure pathways. The Administrator is requesting budget approval of $14,000 for air duct replacement and completion of a pilot study for a sub-slab depressurization system.

After discussion by the Council, on a motion by Mr. Young Kim and a second by Mr. Lewicki, the Council approved the budget request of $14,000 by a vote of 6 - 0.

  OTHER ISSUES AS PRESENTED
 

Mr. Eriksen stated the AASBA Compliance Program documentation provided via email on August 27, 2014 had been reviewed by staff and deemed satisfactory.

Mr. Daniel Kim joined the meeting at 10:46 am.

A list of members who have not completed the Best Management Practices and Training has been provided to each compliance program. A copy of the Summary of Site Inspection results for the past 14 years had also been provided to the compliance programs.

The next Council meeting is scheduled for Wednesday, December 3, 2014.

Mr. Eriksen noted the FY14 audit is scheduled to begin within the next 30 days.

Cook County Inspection Form – Mr. Eriksen referenced the Cook County Inspection Form included in the Council’s informational packet. A general discussion ensued as to recent Cook County inspections that have resulted in significant non-compliance penalties. Several Council members felt the form was too complex for the average drycleaner to understand. Mr. Bredenkamp made a motion which was seconded by Mr. Lewicki to invite a Cook County Inspector to a future Council meeting to discuss in detail their inspection process. The motion passed by a vote of 7-0.  Mr. Eriksen stated he would extend the invitation to Cook County.  Mr. Bredenkamp made a motion seconded by Mr. Kwak to place on the December 23, 2014 agenda the topic of accepting Illinois EPA and Cook County site inspection reports and reducing the number of site inspections to be conducted annually by the compliance programs and the Administrator’s staff. The motion was approved by a vote of 7-0.

Mr. Chang Lee addressed the Council stating he has visited with Cook County Inspectors noting the inspections appear to be more stringent than past inspections. He expressed his concern that previous years compliance program site inspections have not been strict enough and now drycleaners being inspected by Cook County are being fined for not being in compliance with the environmental regulations.
  PUBLIC COMMENT PERIOD
 

Mr. Polak asked if there were any comments from the public. There were none.

  ETHICS TRAINING
  Mr. Eriksen reviewed in detail with the Council the 41-page document for Ethics Training for calendar year 2014 for appointees to State of Illinois boards. He reviewed numerous examples of potential conflicts of interest, prohibited offers or promises, bans on gifts, official misconduct, etc. The Council conducted a general discussion of the need for Council members to capture their time spent on Council business. On a motion by Mr. Bredenkamp and a second by Mr. Kwak, the Council voted 7-0 for the Administrator to draft a timesheet for capturing such time.
  CLOSED SESSION
 

Mr. Eriksen noted that there are no issues for closed session.

There being no further business, on a motion by Mr. Bredenkamp and second by Mr. Lewicki, the Council voted 7-0 to adjourn the meeting at 11:50 a.m.

Respectfully submitted,

 

H Patrick Eriksen

Program Administrator
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