The following is the Illinois Pollution Control Board's tentative agenda for its April 4, 1996 Board meeting. The actual Agenda will be available at 10:30 a.m. Tuesday, April 2, 1996 and will list all motions and case filings received before Monday, Apri

R06-8
R06-9
R06-11
AC 05-52
AC 05-64
AC 05-80
AC 06-9
AC 06-10
AC 06-11
AC 06-12
AC 06-16
AC 06-17
PCB 04-13
PCB 04-226

ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

NOVEMBER 17, 2005 CHICAGO OFFICE

100 W. Randolph Street

Conference Room 9-040

ANNOUNCEMENTS

After calling the meeting to order, Chairman Novak welcomed members of the public and staff.

The Clerk of the Board called the roll.

All Board Members answered present except for Member

Moore who was absent.

APPROVAL OF MINUTES

Minutes of the November 3, 2005 meeting were approved by a vote of 4-0.

RULEMAKINGS

In the Matter of: Setback Zone for City of Marquette Heights

Community Water Supply, New 35 Ill. Adm. Code 618 – The

Board adopted a first notice opinion and order in this [site-specific

rulemaking] to amend the Board’s public water supply regulations,

In the Matter of: Proposed Site-Specific Perlite Waste Disposal

Regulation Applicable to Silbrico Corporation (35 Ill. Adm. Code

Part 810) – No action taken.

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 a final opinion and order in this rulemaking amending its

procedural rules. The adopted rules reflect three recent

amendments to the definition of “pollution control facility” in the

Environmental Protection Act (Act) (415 ILCS 5/1

In the Matter of: Proposal of Vaughan & Bushnell Manufacturing

Company of Amendment to a Site Specific Rule 35 Ill. Adm. Code

901.121 – No action taken.

ADJUSTED STANDARDS

ADMINISTRATIVE CITATIONS

IEPA v. Robert Daniel Spears – In response to a joint stipulation

and settlement agreement in this administrative citation action

involving a Cass County facility, the Board found that respondent

had violated Section 21(p)(1) of the Environmental Protection Act

(415 ILCS 5/21(p)(1) (2004)) and ordered respondent 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) (3) (2004).

IEPA v. Charles Bellamey – The Board granted complainant's

motion to withdraw and dismiss this administrative citation action

involving a Champaign County facility.

County of Kankakee v. South Holland Trust #10897 and John &

Ella Hall – No action taken.

County of Perry v. Kevin Tilley – The Board found that this Perry

County respondent violated Section 21(p)(1) of the Act (415 ILCS

5/21(p)(1) (2004)), and ordered respondent to pay a civil penalty of

IEPA v. Guiffre II, L.L.C. – The Board accepted for hearing this

petition for review of an administrative citation against this

Winnebago County respondent.

IEPA v. Paul Freeman and Freeman Environmental Services, Inc.

an Illinois corporation – The Board accepted for hearing this

petition for review of an administrative citation against these

Williamson County respondents.

IEPA v. Beardstown Truck Wash, L.L.C. – The Board found that

this Cass County respondent violated Sections 21(p)(1) and (p)(7)

of the Act (415 ILCS 5/21(p)(1), (p)(5) (2004)), and ordered

respondent to pay a civil penalty of $3,000.

IEPA v. Rex D. Evans and Roy W. Evans, Jr. – The Board accepted

an administrative citation against these Morgan County

IEPA v. Rex D. Evans and Roy W. Evans, Jr. – The Board accepted

an administrative citation against these Morgan County

ADJUDICATORY CASES

People of the State of Illinois v. Intermatic Incorporated – In this air

enforcement action concerning a McHenry 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)), and accepted a stipulation and settlement agreement,

directing the respondent to pay a total civil penalty of $30,957, and

to cease and desist from further violations.

People of the State of Illinois v. P&J Super Auto Body Shop, Inc.

and Julio Gallegos – In this land 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)), and accepted a stipulation and

settlement agreement, directing the respondent to pay a total civil

penalty of $10,000, and to cease and desist from further violations.

Motions and Other Matters

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. – The Board denied the

respondents’ motion to strike the People’s discovery requests and

objections to discovery, as well as the respondents’ motion to strike

the People’s motion for a protective order and the People’s

response to the respondents’ motion to strike objections. The

People’s motion for protective order was accepted, but denied. The

Board denied the respondents’ motions to strike letters of May 24,

2005 and June 14, 2005. Both letters are accepted into the record.

In so doing, the Board also denied respondents’ motion to strike the

People’s response to the respondents’ motion to strike the letters.

People of the State of Illinois v. The Highlands, L.L.C. and Murphy

Farms, Inc. – No action taken.

People of the State of Illinois v. Saint-Gobain Containers, Inc. – No

Freedom Oil Company v. IEPA – No action taken.

People of the State of Illinois v. Community Landfill Company,

Inc. and the City of Morris – No action taken.

People of the State of Illinois v. 4832 S. Vincennes, L.P. and

Batteast Construction Company, Inc. – No action taken.

Village of Robbins and Allied Waste Transportation, Inc. v. IEPA –

The Board granted petitioners’ separate motions for voluntary

dismissal of this permit appeal involving a Cook County facility.

Des Plaines River Watershed Alliance, Livable Communities

Alliance, Prairie Rivers Network, and Sierra Club v. IEPA and

Village of New Lenox – The Board denied petitioners’ motion for

summary judgment as to each of the three issues presented:

nutrient loadings, offensive conditions water quality standard, and

copper water quality standard. The Board also determined that

neither the Illinois Environmental Protection Agency nor the

Village of New Lenox had justified the discovery sought in their

respective submissions, and ordered the case to hearing.

Midwest Generation EME, L.L.C. v. IEPA – No action taken.

Commonwealth Edison Company v. IEPA – No action taken.

Midwest Generation EME, L.L.C. v. IEPA – No action taken.

Morton F. Dorothy v. Flex-N-Gate Corporation – No action taken.

People of the State of Illinois v. Marc Realty, Inc. and 55 E.

Jackson, L.L.C. – 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

Cook County facility, the Board ordered publication of the required

newspaper notice.

People of the State of Illinois v. Bath Incorporated – No action

McLean County Asphalt v. IEPA – No action taken.

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.

Vernon and Elaine Zohfeld v. Robert Drake, Wabash Valley

Service Company, Michael J. Pfister, Noah D. Horton and Steve

Kinder – No action taken.

Silbrico Corporation v. IEPA – No action taken.

Morgan Southern Company v. IEPA – The Board accepted for

hearing this underground storage tank appeal involving a Cook

County facility.

People of the State of Illinois v. Weis Builders, Inc., a Minnesota

corporation – Upon receipt of a proposed stipulation and settlement

agreement and an agreed motion to request relief from the hearing

requirement in this public water supply enforcement action

involving a Will County facility, the Board ordered publication of

the required newspaper notice.

C&F Packing Company, Inc. v. IEPA and Lake County – No action

People of the State of Illinois v. Webb AG, Inc. – The Board

accepted for hearing this land enforcement action involving a site

located in Fulton County.

Soyland Power Cooperative, Inc. v. IEPA – The Board accepted for

hearing the petition for review in this permit appeal involving a

Pike County facility. No action was taken on petitioner’s motion to

stay effectiveness of the CAAPP Permit.

Midwest Generation, L.L.C., Crawford Generating Station v. IEPA

– The Board accepted for hearing the petition for review in this

permit appeal involving a Cook County facility. No action was

taken on petitioner’s motion to stay effectiveness of the CAAPP

Midwest Generation, L.L.C., Fisk Generating Station v. IEPA –

The Board accepted for hearing the petition for review in this

permit appeal involving a Cook County facility. No action was

taken on petitioner’s motion to stay effectiveness of the CAAPP

Midwest Generation, L.L.C., Joliet Generating Station v. IEPA –

The Board accepted for hearing the petition for review in this

permit appeal involving a Will County facility. No action was

taken on petitioner’s motion to stay effectiveness of the CAAPP

Midwest Generation, L.L.C., Powerton Generating Station v. IEPA

– The Board accepted for hearing the petition for review in this

permit appeal involving a Tazewell County facility. No action was

taken on petitioner’s motion to stay effectiveness of the CAAPP

Midwest Generation, L.L.C., Will County Generating Station v.

IEPA – The Board accepted for hearing the petition for review in

this permit appeal involving a Will County facility. No action was

taken on petitioner’s motion to stay effectiveness of the CAAPP

Southern Illinois Power Cooperative v. IEPA – The Board accepted

for hearing the petition for review in this permit appeal involving a

Williamson County facility. No action was taken on petitioner’s

motion to stay effectiveness of the CAAPP permit.

Kincaid Generation, L.L.C. v. IEPA – The Board accepted for

hearing the petition for review in this permit appeal involving a

Christian County facility. No action was taken on petitioner’s

motion to stay effectiveness of the CAAPP permit.

Dynegy Midwest Generation, Inc. (Baldwin Energy Complex) v.

IEPA – The Board accepted for hearing the petition for review in

this permit appeal involving a Randolph County facility. No action

was taken on petitioner’s motion to stay effectiveness of the

Ameren Energy Generating Company, Coffeen Power Station v.

IEPA – The Board accepted for hearing the petition for review and

granted petitioner’s motion to file a reduced number of copies of

the permit in this permit appeal involving a Montgomery County

facility. No action was taken on petitioner’s motion to stay

effectiveness of the CAAPP permit.

Electric Energy, Incorporated v. IEPA – The Board accepted for

hearing the petition for review and granted petitioner’s motion to

file a reduced number of copies of the permit in this permit appeal

involving a Massac County facility. No action was taken on

petitioner’s motion to stay effectiveness of the CAAPP permit.

AmerenEnergy Resources Generating Company, Duck Creek

Power Station v. IEPA – The Board accepted for hearing the

petition for review and granted petitioner’s motion to file a reduced

number of copies of the permit in this permit appeal involving a

Fulton County facility. No action was taken on petitioner’s motion

to stay effectiveness of the CAAPP permit.

AmerenEnergy Resources Generating Company, Edwards Power

Station v. IEPA – The Board accepted for hearing the petition for

review and granted petitioner’s motion to file a reduced number of

copies of the permit in this permit appeal involving a Peoria County

facility. No action was taken on petitioner’s motion to stay

effectiveness of the CAAPP permit.

Ameren Energy Generating Company, Newton Power Station v.

IEPA – The Board accepted for hearing the petition for review and

granted petitioner’s motion to a file reduced number of copies of

the permit in this permit appeal involving a Jasper County facility.

No action was taken on petitioner’s motion to stay effectiveness of

the CAAPP permit.

Ameren Energy Generating Company, Meredosia Power Station v.

IEPA – The Board accepted for hearing the petition for review and

granted petitioner’s motion to file a reduced number of copies of

the permit in this permit appeal involving a Morgan County facility.

No action was taken on petitioner’s motion to stay effectiveness of

the CAAPP permit.

Ameren Energy Generating Company, Hutsonville Power Station v.

IEPA – The Board accepted for hearing the petition for review and

granted petitioner’s motion to file a reduced number of copies of

the permit in this permit appeal involving a Crawford County

facility. No action was taken on petitioner’s motion to stay

effectiveness of the CAAPP permit.

Dynegy Midwest Generation, Inc. (Havana Power Station) v. IEPA

– The Board accepted for hearing the petition for review in this

permit appeal involving a Mason County facility. No action was

taken on petitioner’s motion to stay effectiveness of the CAAPP

Dynegy Midwest Generation, Inc. (Hennepin Power Station) v.

IEPA – The Board accepted for hearing the petition for review in

this permit appeal involving a Putman County facility. No action

was taken on petitioner’s motion to stay effectiveness of the

Dynegy Midwest Generation, Inc. (Vermilion Power Station) v.

IEPA – The Board accepted for hearing the petition for review in

this permit appeal involving a Vermilion County facility. No action

was taken on petitioner’s motion to stay effectiveness of the

Dynegy Midwest Generation, Inc. (Wood River Power Station) v.

IEPA – The Board accepted for hearing the petition for review in

this permit appeal involving a Madison County facility. No action

was taken on petitioner’s motion to stay effectiveness of the

The City of Springfield v. IEPA – The Board accepted for hearing

the petition for review and granted petitioner’s motion to file a

reduced number of copies of the permit and to exceed page limits in

this permit appeal involving a Kane County facility. No action was

taken on petitioner’s motion to stay effectiveness of the CAAPP

Gateway FS, Inc. 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 Monroe County facility.

People of the State of Illinois v. Dennis K. Stiegemeier d/b/a I.L.C.

Development – The Board accepted for hearing this water

enforcement action involving a site located in Macoupin County.

CASES PENDING DECISION

In the Matter of: Proposed Amendments to Regulation of

Petroleum Leaking Underground Storage Tanks (35 Ill. Adm. Code

732); In the Matter of: Regulation of Petroleum Leaking

Underground Storage Tanks (Proposed New 35 Ill. Adm. Code

734) – Proposed Rule, Second Notice, Opinion and Order

In the Matter of: Interim Phosphorus Effluent Standard, Proposed

35 Ill. Adm. Code 304.123(g-k) – Adopted Rule, Final Opinion and

OTHER ITEMS

Member Girard expressed the appreciation of the Members and Staff for Chairman Novak’s 2

years service to the Board, during the transition from a seven to five member Board. Chairman

Novak’s Board tenure followed a 28-year span of devoted public service to the People of the

State of Illinois in the General Assembly

ADJOURNMENT

Moved and seconded, by a vote of 4-0, Chairman Novak adjourned the meeting at 11:45

I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board

approved the above minutes on December 1, 2005, by a vote of 4-0.