MARCH 2, 2006 SPRINGFIELD OFFICE
1021 N. Grand Avenue East
Conference Room 1244 N, First Floor
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 February 16, 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 final opinion and order in this rulemaking which amends
the Board’s noise pollution regulations.
4-0
R, Noise
R04-12
R04-20
(cons.)
In the Matter of: Technical Correction to Formulas in 35 Ill. Adm.
Code 214 “Sulfur Limitations”; In the Matter of: Clean-Up Part III,
Amendments to 35 Ill. Adm. Code Part 211, 218, and 219 – The
Board adopted a second notice proposal to amend the Board’s air
regulations.
4-0
R, Air
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
R05-19
In the Matter of: Proposed Amendments to Exemptions from State
Permitting Requirements (35 Ill. Adm. Code 201.146) – The Board
adopted a final opinion and order in this rulemaking which amends
the Board’s air quality standards regulations.
4-0
R, Air
R05-20
In the Matter of: Proposed Amendments to Exemptions From
Permitting Requirements for Plastic Injection Molding Operations
Code 201.146 – The Board adopted a final opinion and order in this
rulemaking which amends the Board’s air quality standards
regulations.
4-0
R, Air
R06-22
In the Matter of: NOx Trading Program: Amendments to 35 Ill.
Adm. Code Part 217 – No action taken.
`
R, Air
R06-24
In the Matter of: Revisions to Water Quality Standards for Total
Dissolved Solids in the Lower Des Plaines River for Exxon Mobil
Oil Corporation: Proposed 35 Ill. Adm. Code 303.445 – The Board
accepted for hearing petitioner’s February 7, 2006 proposal to
amend the Board’s water pollution control regulations. The Board
granted petitioner’s motions to waive requirements to submit 200
signatures and for expedited review. The Board also requested that
petitioner address the “published study or report” requirement of 35
Ill. Adm. Code 102.210(c).
4-0
R, Water
ADJUSTED STANDARDS
AS 06-2
In the Matter of: Petition of BP Products North America, Inc. for
an Adjusted Standard Pursuant to 35 Ill. Adm. Code 721.122 – The
Board dismissed this petition for an adjusted standard for
petitioner’s failure to timely publish notice of the filing of the
petition by advertisement in a newspaper of general circulation in
the area likely to be affected, as required by Section 28.1 of the
Environmental Protection Act (415 ILCS 5/28.1(d)(1) (2004)).
4-0
Air
3
ADMINISTRATIVE CITATIONS
AC 05-8
IEPA v. Ted Harrison and Gerald S. Gill – No action taken.
AC 06-26
IEPA v. Marshall and Juanita Garrison – The Board accepted an
administrative citation against these Jefferson County respondents.
ADJUDICATORY CASES
Decisions
PCB 06-42
People of the State of Illinois v. Waste Management of Illinois, Inc.
– In this land enforcement action concerning a Whiteside 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 $20,000,
and to cease and desist from further violations.
4-0
L-E
PCB 06-133
People of the State of Illinois v. City of Flora – In this land and
water enforcement action concerning a Clay 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 $9,600, and to
cease and desist from further violations.
4-0
L,W-E
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 97-193
People of the State of Illinois v. Community Landfill Company,
L-E
4
PCB 04-207
(cons.)
Inc.; People of the State of Illinois v. Edward Pruim and Robert
Pruim – No action taken.
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 04-106
People of the State of Illinois v. Thomas Gray – No action taken.
L-E
PCB 04-134
People of the State of Illinois v. Interstate Brands Corporation –
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 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
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 – The Board
granted complainant’s motion to reconsider. The Board, however,
upheld its October 20, 2005 ruling granting summary judgment in
favor of the respondent on counts II through VI and directed the
hearing officer to proceed to hearing on count I of the complaint.
4-0
A&L-E
PCB 05-51
People of the State of Illinois v. Randy Oldenberger d/b/a
Environmental Health & Safety Services – No action taken.
A-E
PCB 05-139
People of the State of Illinois v. Bath Incorporated – No action
taken.
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
4-0
Citizens
5
Canal Company, Kerr-McGee Chemical L.L.C. – The Board denied
complainants’ motion to reconsider its’ January 5, 2006 Board
Order.
L-E
PCB 05-193
Vernon and Elaine Zohfield v. Bob Drake, Wabash Valley Service
Company, Michael J. Pfister, Noah D. Horton, and Steve Kinder –
No action taken.
Citizens
A-E
PCB 05-220
Kenneth E. Medema, Jr. v. TNT Logistics North America – No
action taken.
Citizens
N-E
PCB 06-1
Robert F. Kassela, Jr. v. TNT Logistics North America - No action
taken.
Citizens
N-E
PCB 06-33
People of the State of Illinois v. J&S Companies, Inc. and First
Choice Construction, Inc. – The Board denied complainant’s
separate motions for default against each respondent.
4-0
L-E
PCB 06-48
People of the State of Illinois v. STS Consultants, Ltd. – 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.
4-0
PWS-E
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
PCB 06-82
People of the State of Illinois v. Barger Engineering, Inc. – No
action taken.
W-E
6
PCB 06-131
Wesley Brazas, Jr. v. Mr. Jeff Magnussen, President Village of
Hampshire and IEPA – The Board found that all claims other than
those that concern the Illinois Environmental Protection Agency’s
issuance of the December 9, 2005 National Pollutant Discharge
Elimination System permit to the Village of Hampshire are
frivolous, and dismissed those claims. The Board accepted the
matter for hearing, finding that the filing of the amended petition
restarted the decision time clock.
4-0
P-A,
NPDES
PCB 06-137
City of Springfield, Illinois v. IEPA – No action taken.
PWS-V
PCB 06-138
Brenda George Bryant 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 Massac County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 06-139
Richard Gooden v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Ford County facility.
4-0
UST
Appeal
PCB 06-140
W.R. Meadows, 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 Kane County facility.
4-0
UST
Appeal
90-Day
Ext.
CASES PENDING DECISION
R06-18
In the Matter of: RCRA Subtitle C (Hazardous Waste) Update,
USPA Amendments (July 1, 2005 through December 31, 2005) –
Proposed Rule, Proposal for Public Comment, Opinion and Order
R, Land
AC 04-75
IEPA v. Charles L. Parker
7
AC 05-18
IEPA v. William Shrum
AC 05-63
IEPA v. John R. Malloch
OTHER ITEMS
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:28
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on March 16, 2006, by a vote of.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
