April 6, 2006
Chicago/Springfield Videoconference
CHICAGO OFFICE – 100 W. Randolph Street
Videoconference Room 11-512
And
SPRINGFIELD OFFICE – 1021 N. Grand Avenue East
Oliver Holmes Conference Room 2012 N – Second 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 March 16, 2006 meeting were approved by a vote of 4-0.
RULEMAKINGS
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
R06-16
R06-17
R06-18
(cons.)
In the Matter of: UIC Corrections, USEPA Amendments (July 1,
2005 through December 31, 2005; In the Matter of: RCRA Subtitle
D Update, USEPA Amendments (July 1, 2005 through December
31, 2005 and August 1, 2005); In the Matter of: RCRA Subtitle C
Update, USEPA Amendments (July 1, 2005 through December 31,
2005 and August 1, 2005) – The Board adopted a proposal for
public comment in this consolidated “identical-in-substance”
rulemaking to amend the Board’s underground injection control,
municipal solid waste landfill, and hazardous waste regulations.
4-0
R, Land
R06-19
In the Matter of: Clean Construction or Demolition Debris Fill
Operations Under P.A. 94-272 (35 Ill. Adm. Code Part 1100) – The
Board adopted a first notice opinion and order in this rulemaking to
amend the Board’s land pollution control regulations.
4-0
R, Land
R06-22
In the Matter of: NOx Trading Program: Amendments to 35 Ill.
Adm. Code Part 217 – No action taken.
R, Air
R06-25
In the Matter of: Proposed New 35 Ill. Adm. Code 225 Control of
Emissions from Large Combustion Sources (Mercury) – No action
taken.
R, Air
ADJUSTED STANDARDS
AS 06-3
In the Matter of: Petition of Lafarge Midwest, Inc. for Boiler
Determination through Adjusted Standard Proceedings Pursuant to
35 Ill. Adm. Code 720.132 and 720.133 – Pending receipt of the
certificate of publication, the Board held this Massac County
facility’s petition for an adjusted standard from the Board’s
hazardous waste operating requirements.
Air
3
ADMINISTRATIVE CITATIONS
AC 05-8
IEPA v. Ted Harrison and Gerald S. Gill – The Board denied
respondent Harrison’s motion for summary judgment, and directed
the case proceed to hearing.
4-0
AC 06-20
IEPA v. Georgia Shank and Steve Shank – The Board, with regard
solely to Georgia Shank, accepted the March 20, 2006 petition for
hearing. As to Georgia Shank, the Board denied the March 27, 2006
motion to dismiss as untimely. Because Steve Shank failed to
contest the administrative citation by filing a timely petition for
review, and because the Board has found that Steve Shank
committed the violations alleged in the citation, the Board cannot
consider the March 27, 2006 motion to dismiss with regard to him.
The Board therefore found that Steve Shank violated sections
21(p)(1), (p)(3), and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3),
and (p)(7) (2004)), but will not assess the statutory penalties against
him until the Board makes a final decision concerning Georgia
Shank.
4-0
AC 06-24
IEPA v. City of Freeport and Ryan Wilson – The Board found that
these Stephenson County respondents violated Section 21(o)(7) and
(o)(9) of the Act (415 ILCS 5/21(o)(7), (o)(9) (2004)), and ordered
respondents to pay a civil penalty of $1,000
.
4-0
AC 06-25
County of Perry v. Ida Haberman – 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
$1,500
.
4-0
AC 06-30
IEPA v. Rick Linnabury – The Board accepted an administrative
citation against this Douglas County respondent.
AC 06-31
Ogle County Solid Waste Management Department v. Wayne L.
Fisher & Christina C. Fisher – The Board accepted an
administrative citation against these Ogle County respondents.
4
AC 06-32
County of Jackson v. David Skidmore - The Board accepted an
administrative citation against this Jackson County respondent.
AC 06-33
IEPA v. Johnny Kemper d/b/a Kemper Tree Service and Johnny
Kemper - The Board accepted an administrative citation against
these Edgar County respondents.
AC 06-34
IEPA v. Clifford Lawson - The Board accepted an administrative
citation against this Macoupin County respondent.
AC 06-35
IEPA v. Jerry L. Watson - The Board accepted an administrative
citation against this Williamson County respondent.
AC 06-36
IEPA v. Robert J. Kerker and Dale Kerker d/b/a Kerker
Construction - The Board accepted an administrative citation
against these Schuyler County respondents.
ADJUDICATORY CASES
Decisions
PCB 04-134
People of the State of Illinois v. Interstate Brands Corporation – In
this air 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, and
ordered the respondent to pay a total civil penalty of $90,000, and
to cease and desist from further violations.
4-0
A-E
5
PCB 05-91
People of the State of Illinois v. Clean Harbor Services, Inc. – In
this air 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, and
ordered the respondent to pay a total civil penalty of $95,000, and
to cease and desist from further violations.
4-0
A-E
PCB 06-45
People of the State of Illinois v. Ecolab, Inc. and Charles A.
Winslett – In this land and water enforcement action concerning a
Tazewell 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 $2,500, and to cease and desist from further
violations. Respondents was also ordered to engage in a
supplemental environmental project, which consists of the cash
payment of $10,000 for the restoration of a park and playground in
South Pekin that was severely damaged by a tornado in May 2004.
4-0
L&W-E
PCB 06-48
People of the State of Illinois v. STS Consultants, Ltd. – In this
public water supply enforcement action concerning a Will 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 $5,000,
and to cease and desist from further violations.
4-0
PWS-E
Motions and Other Matters
PCB 90-215
Spraying Systems Co. v. IEPA – The Board granted this DuPage
County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
4-0
P-A,
RCRA
6
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
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 03-191
People of the State of Illinois v. Community Landfill Company,
Inc. and the City of Morris – No action taken.
L-E
PCB 04-106
People of the State of Illinois v. Thomas Gray – No action taken.
L-E
PCB 04-185
Midwest Generation EME, L.L.C. v. IEPA – The Board granted
petitioner’s motion to stay this trade secret appeal in part.
Specifically, PCB 04-185 is stayed for 120 days (
i.e.
, until August
4, 2006), unless the Board issues an order terminating the stay
earlier.
4-0
T-S
Appeal
PCB 04-215
Commonwealth Edison Company v. IEPA – The Board granted
petitioner’s motion to stay this trade secret appeal in part.
Specifically, PCB 04-215 is stayed for 120 days (
i.e.
, until August
4, 2006), unless the Board issues an order terminating the stay
earlier.
4-0
T-S
Appeal
PCB 04-216
Midwest Generation EME, L.L.C. v. IEPA – The Board granted
petitioner’s motion to stay this trade secret appeal in part.
Specifically, PCB 04-216 is stayed for 120 days (
i.e.
, until August
4, 2006), unless the Board issues an order terminating the stay
earlier.
4-0
T-S
Appeal
7
PCB 05-51
People of the State of Illinois v. Randy Oldenberger d/b/a
Environmental Health & Safety Services – The Board granted
respondent’s motion for extension of time to file an amended
response and accepted the amended response to the request to admit
facts. The Board denied complainant’s motion to deem facts
admitted and directed the hearing officer to proceed expeditiously
to hearing.
4-0
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
Canal Company, Kerr-McGee Chemical L.L.C. – No action taken.
Citizens
L-E
PCB 05-168
People of the State of Illinois v. Home Depot U.S.A., Inc. – 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 05-193
Vernon and Elaine Zohfield v. Bob Drake, Wabash Valley Service
Company, Michael J. Pfister, Noah D. Horton, and Steve Kinder –
The Board granted the respondents' motion for clarification and
stated that, if it had intended to reverse any of its previous opinions
or orders in its February 2, 2006 order, it would have done so
explicitly.
Citizens
A-E
PCB 05-220
Kenneth E. Medema, Jr. v. TNT Logistics North America – The
Board granted complainant’s motion for voluntary dismissal of this
citizen noise enforcement involving a Will County facility.
4-0
Citizens
N-E
8
PCB 06-1
Robert F. Kassela, Jr. and Kellie R. Kassela v. TNT Logistics
North America - The Board granted complainants’ motion for
voluntary dismissal of this citizen noise enforcement involving a
Will County facility.
4-0
Citizens
N-E
PCB 06-25
William Breuer v. IEPA – The Board granted this Washington
County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
4-0
UST
Appeal
PCB 06-53
C&F Packing Company, Inc. v. IEPA and Lake County – – No
action taken.
W-V
PCB 06-84
Cowden Oil 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 Shelby
County facility.
4-0
UST
Appeal
PCB 06-89
Maryville Voice Newspaper Co. 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 Madison County facility.
4-0
UST
Appeal
PCB 06-90
People of the State of Illinois v. Village of Volo and Smith
Engineering Consultants, Inc. – 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 Lake County facility, the
Board ordered publication of the required newspaper notice.
4-0
PWS-E
PCB 06-118
Mahr’s Sales & Service 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 Fulton County facility.
4-0
UST
Appeal
9
PCB 06-124
PCB 06-127
Prairie Rivers Network and Sierra Club v. IEPA and Prairie State
Generating Company, L.L.C.; American Bottom Conservancy and
Dale Wojtkowski v. IEPA and Prairie State Generating Company,
L.L.C. – The Board granted petitioners’ motions for voluntary
dismissal of these consolidated permit appeals involving a site
located in Washington County.
4-0
P-A,
Water,
Third
Party
PCB 06-139
Richard Gooden v. IEPA – The Board granted this Ford County
facility’s motion for voluntary dismissal of this underground
storage tank appeal.
`
4-0
UST
Appeal
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 – The
Board held for a later duplicative/frivolous determination this water
enforcement action involving a DuPage County facility.
W-E
PCB 06-142
Magie Bros./Penreco v. IEPA – The Board granted this Cook
County facility’s motion for voluntary dismissal of this permit
appeal.
4-0
P-A,
NPDES
PCB 06-147
City of Kankakee 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 Kankakee County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 06-148
Caterpillar Logistics, Inc. v. IEPA – The Board accepted for
hearing this permit appeal involving a Tazewell County facility.
4-0
P-A, Air
10
PCB 06-149
Kraft Foods 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 McHenry County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 06-150
People of the State of Illinois v. Stoecker Farms, Inc. – The Board
accepted for hearing this water enforcement action involving a site
located in Macoupin County.
4-0
W-E
PCB 06-151
People of the State of Illinois v. Big River Zinc Corporation and
Allied Waste Transportation, Inc. d/b/a Midwest Waste – The
Board accepted for hearing this land enforcement action involving
a site located in St. Clair County.
4-0
L-E
PCB 06-152
James Chew and Lynn Chew v. Dirk F. Borgsmiller and Sports
Blast, L.L.C. – The Board held for a later duplicative/frivolous
determination this citizens’ noise enforcement action involving a
Jackson County facility.
Citizens
N-E
CASES PENDING DECISION
AS 06-1
In the Matter of: Petition of Lafarge Midwest, Inc. for an Adjusted
Standard from 35 Ill. Adm. Code 739.161 Pursuant to 35 Ill. Adm.
Code 720.132 and 720.133
Air
OTHER ITEMS
The Board granted the Chairman’s motion for approval of Calendar Year 2007 Board Meeting
Locations and Dates as listed below:
11
Regular Board Meeting Schedule for Calendar Year 2007
January 4 * July 12*
January 18 July 26
February 1 * August 9 **
February 15 August 23
March 1 ** September 6 *
March 15 September 20
April 5 * October 4 **
April 19 October 18
May 3 ** November 1 *
May 17 November 15
June 7 * December 6 *
June 21 December 20
Unless otherwise noted below, Board meetings will be held at the James R.
Thompson Center, 100 W. Randolph Street, Chicago. Exact room locations
will be provided later.
* The Board meetings will be via videoconference both in Chicago, 100 W.
Randolph Street, Videoconference Room 11-512, and Springfield, 1021 N.
Grand Avenue East, Oliver Holmes Conference Room 2012 N, Second Floor
** The Board meetings will be held in the Board’s Springfield Office, 1021 N.
Grand Avenue East, Conference Room 1244 N, First Floor
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:40
a.m.
12
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on April 20, 2006, by a vote of.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
