JANUARY 19, 2006 – MICHAEL A. BILANDIC BUILDING
160 N. LaSalle Street
Second Floor – Room N-505
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 January 5, 2006 meeting were approved by a vote of 4-0.
RULEMAKINGS
R03-9
In the Matter of: Proposed New and Updated Rules for
Measurement and Numerical Sound Emissions Standards
Amendments to 35 Ill. Adm. Code 901 and 910 – The Board
adopted a second notice opinion and order in this rulemaking to
amend the Board’s noise pollution regulations.
4-0
R, Noise
R04-26
In the Matter of: Proposed 35 Ill. Adm. Code 304.123(g ),
304.123(h ), 304.123(i ), 304.123(j ), and 304.123(k ) – The Board
adopted a response to the Joint Committee on Administrative Rules
December 13, 2005 objection to this rulemaking, respectfully
declining to withdraw the rule. The Board then adopted a final
opinion and order in this rulemaking which amends the Board’s
water quality standards regulations.
4-0
R, Water
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
R06-21
In the Matter of: Organic Material Emissions Standards and
Limitations for the Chicago and Metro-East Areas: Proposed
Amendments to 35 Adm. Code 218 and 219 – The Board accepted
for hearing the Illinois Environmental Protection Agency’s (IEPA)
December 22, 2005 proposal to amend the Board’s air pollution
control regulations. But, the Board also directed the IEPA to
address the deficiencies noted in the order in writing prior to any
hearing scheduled in this proceeding at such time as directed by the
hearing officer.
4-0
R, Air
ADJUSTED STANDARDS
None
ADMINISTRATIVE CITATIONS
AC 06-18
IEPA v. Maurice L. Thompson Trust – The Board found that this
Fulton County respondent violated Section 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
.
4-0
AC 06-19
IEPA v. Maurice L. Thompson Trust – The Board found that this
Fulton County respondent violated Section 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
.
4-0
AC 06-20
IEPA v. Georgia Shank and Steve Shank – The Board accepted an
administrative citation against these Bond County respondents.
3
ADJUDICATORY CASES
Decisions
PCB 04-192
People of the State of Illinois v. Smithfield Properties, L.L.C.,
Wooton Construction, Ltd., and Chicago Sun-Times, Inc. – In this
land and water 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
as to the Chicago Sun-Times, Inc. only, and ordered the respondent
to pay a total civil penalty of $40,000, and to cease and desist from
further violations.
4-0
L&W-E
Motions and Other Matters
PCB 97-193
PCB 04-207
(cons.)
People of the State of Illinois v. Community Landfill Company,
Inc.; People of the State of Illinois v. Edward Pruim and Robert
Pruim – 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
4
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 04-185
Midwest Generation EME, L.L.C. v. IEPA – No action taken.
T-S
Appeal
PCB 04-201
People of the State of Illinois v. Southern Illinois Power
Cooperative – 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
Williamson County facility, the Board ordered publication of the
required newspaper notice.
4-0
A-E
PCB 04-215
Commonwealth Edison Company v. IEPA – No action taken.
T-S
Appeal
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 05-139
People of the State of Illinois v. Bath Incorporated – No action
taken.
L-E
PCB 05-154
McLean County Asphalt v. IEPA – The Board denied petitioner’s
motion for summary judgment.
4-0
UST
Appeal
5
PCB 05-181
People of the State of Illinois v. Pattison Associates LLC, an
Illinois limited liability company, and 5701 South Calumet LLC, an
Illinois limited liability company – The Board granted respondent’s
motion to withdraw affirmative defenses.
4-0
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 05-201
People of the State of Illinois v. Illinois Tool Works, 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 Cook County facility, the Board
ordered publication of the required newspaper notice.
4-0
A-E
PCB 05-207
People of the State of Illinois v. Precision Twist Drill Co. – 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.
4-0
A-E
PCB 06-11
Silbrico Corporation v. IEPA – The Board found that petitioner’s
amended petition did not meet the content requirements set forth in
35 Ill. Adm. Code 104.204 and dismissed it as deficient.
4-0
L-V
PCB 06-47
Eaves Auto Repair 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 Ford
County facility.
4-0
UST
Appeal
PCB 06-51
People of the State of Illinois v. CSX Transportation, Inc. – No
action taken.
A, L&W
PCB 06-53
C&F Packing Company, Inc. v. IEPA and Lake County – No action
taken.
W-V
6
PCB 06-56
Midwest Generation, L.L.C., Crawford Generating Station v. IEPA
– No action taken.
P-A, Air
PCB 06-57
Midwest Generation, L.L.C., Fisk Generating Station v. IEPA – No
action taken.
P-A, Air
PCB 06-58
Midwest Generation, L.L.C., Joliet Generating Station v. IEPA –
No action taken.
P-A, Air
PCB 06-59
Midwest Generation, L.L.C., Powerton Generating Station v. IEPA
– No action taken.
P-A, Air
PCB 06-60
Midwest Generation, L.L.C., Will County Generating Station v.
IEPA – No action taken.
P-A, Air
PCB 06-61
Southern Illinois Power Cooperative v. IEPA – No action taken.
P-A, Air
PCB 06-62
Kincaid Generation, L.L.C. v. IEPA – No action taken.
P-A, Air
PCB 06-63
Dynegy Midwest Generation, Inc. (Baldwin Energy Complex) v.
IEPA – No action taken.
P-A, Air
PCB 06-64
Ameren Energy Generating Company, Coffeen Power Station v.
IEPA – No action taken.
P-A, Air
7
PCB 06-65
Electric Energy, Incorporated v. IEPA – No action taken.
P-A, Air
PCB 06-66
AmerenEnergy Resources Generating Company, Duck Creek
Power Station v. IEPA – No action taken.
P-A, Air
PCB 06-67
AmerenEnergy Resources Generating Company, Edwards Power
Station v. IEPA – No action taken.
P-A, Air
PCB 06-68
Ameren Energy Generating Company, Newton Power Station v.
IEPA – No action taken.
P-A, Air
PCB 06-69
Ameren Energy Generating Company, Meredosia Power Station v.
IEPA – No action taken.
P-A, Air
PCB 06-70
Ameren Energy Generating Company, Hutsonville Power Station
v. IEPA – No action taken.
P-A, Air
PCB 06-71
Dynegy Midwest Generation, Inc. (Havana Power Station) v. IEPA
– No action taken.
P-A, Air
PCB 06-72
Dynegy Midwest Generation, Inc. (Hennepin Power Station) v.
IEPA – No action taken.
P-A, Air
PCB 06-73
Dynegy Midwest Generation, Inc. (Vermilion Power Station) v.
IEPA – No action taken.
P-A, Air
8
PCB 06-74
Dynegy Midwest Generation, Inc. (Wood River Power Station) v.
IEPA – No action taken.
P-A, Air
PCB 06-75
The City of Springfield v. IEPA – No action taken.
P-A, Air
PCB 06-82
People of the State of Illinois v. Barger Engineering, Inc. – No
action taken.
W-E
PCB 06-102
Marathon Ashland Petroleum, L.L.C. (Selective Catalytic
Reduction Unit) (Property Identification No. 51-34-1-21 or portion
thereof) v. IEPA – The Board granted the IEPA’s motion to
withdraw its’ recommendation for tax certification, and dismissed
the docket.
4-0
T-C
PCB 06-103
People of the State of Illinois v. First Rockford Group, Inc. – No
action taken.
L-E
PCB 06-105
People of the State of Illinois v. Paul Monnier – The Board granted
complainant’s motion for voluntary dismissal of this water
enforcement action involving a Hancock County facility
4-0
W-E
PCB 06-111
Marathon Ashland Petroleum, L.L.C. (Reformulated Gasoline –
Blending Process) (Property Identification No. 51-34-1-21 or
portion thereof) v. IEPA – No action taken.
T-C
PCB 06-112
Marathon Ashland Petroleum, L.L.C. (Amine Expansion, Kerosene
Treater, Crude Blending and Merichem Treater Revamp) (Property
Identification No. 51-34-1-21 or portion thereof) v. IEPA – No
action taken.
T-C
9
PCB 06-113
Marathon Ashland Petroleum, L.L.C. (Reverse Osmosis Degasifier
Unit) (Property Identification Number 51-34-1-21 or portion
thereof) v. IEPA – No action taken.
T-C
PCB 06-114
Marathon Ashland Petroleum, L.L.C. (Cooling Water Tower
Automation and Control) (Property Identification Number 51-34-1-
21 or portion thereof) v. IEPA – No action taken.
T-C
PCB 06-123
Marathon Ashland Petroleum, L.L.C. (Chloride Reduction-
Debutanizer Net Gas Scrubber) (Property Identification Number
51-34-1-21 or portion thereof) v. IEPA – Upon receipt of the
Illinois Environmental Protection Agency’s recommendation, the
Board found and certified that specified facilities of Marathon
Ashland Petroleum, L.L.C. located in Crawford 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 06-124
Prairie Rivers Network and Sierra Club v. IEPA and Prairie State
Generating Company, L.L.C. – The Board accepted for hearing and
on its own motion consolidated this permit appeal involving a
Washington County facility with PCB 06-127.
4-0
P-A,
NPDES
Third Party
PCB 06-125
Wareco Service, 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 Knox County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 06-126
AmerenEnergy Resources Generating Company v. IEPA – The
Board accepted for hearing this permit appeal involving a Peoria
County facility.
4-0
P-A, Air
10
PCB 06-127
American Bottom Conservancy and Dale Wojtkowski v. IEPA and
Prairie State Generating Company, L.L.C. – The Board accepted
for hearing and on its own motion consolidated this permit appeal
involving a Washington County facility with PCB 06-124.
4-0
P-A,
NPDES
Third Party
PCB 06-128
Goodwin Mobil Service 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 Montgomery County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 06-129
Vic Koenig Chevrolet 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 Jackson County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 06-130
Arlyn’s Service Center 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 Randolph County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 06-131
Wesley Brazas, Jr. v. Mr. Jeff Magnussen, President Village of
Hampshire and IEPA – No action taken.
P-A,
NPDES
Third Party
CASES PENDING DECISION
OTHER ITEMS
11
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Chairman Girard 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 February 2, 2006, by a vote of.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
