MARCH 16, 2006 CHICAGO OFFICE
100 W. Randolph Street
Conference Room 9-040
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 2, 2006 meeting were approved by a vote of 4-0.
RULEMAKINGS
R06-22
In the Matter of: NOx Trading Program: Amendments to 35 Ill.
Adm. Code Part 217 – The Board granted petitioner’s February 21,
2006 motion to supplement the rulemaking proposal. No action
was taken on the motion for expedited review filed by the Illinois
Environmental Regulatory Group on March 13, 2006.
4-0
R, Air
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
R06-25
In the Matter of: Proposed New 35 Ill. Adm. Code 225 Control of
Emissions from Large Combustion Sources (Mercury) – The Board
accepted for hearing petitioner’s March 14, 2006 proposal to
amend the Board’s air pollution control regulations. The Board
granted petitioner’s motions to waive copy requirements. The
Board denied in part petitioner’s motion to hold the required
hearings in Springfield. The Board will hold at least one hearing in
the Chicago area and per the Agency’s request the first hearing will
be scheduled in Chicago. The Board took no action on the motions
filed March 15, 2006.
4-0
R, Air
ADJUSTED STANDARDS
None
ADMINISTRATIVE CITATIONS
AC 04-75
IEPA v. Charles L. Parker – The Board entered an interim opinion
and order finding respondent violated Sections 21(p)(1), (p)(3) and
(p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2004)), and
ordered respondent to pay a civil penalty of $4,500
.
The Board
ordered the Clerk of the Board and the Environmental Protection
Agency to file within 14 days a statement of hearing costs,
supported by affidavit, with service on respondent. Respondent
may respond to the cost statement within 14 days of service.
4-0
AC 05-8
IEPA v. Ted Harrison and Gerald S. Gill – No action taken.
AC 05-18
IEPA v. William Shrum – The Board entered an interim opinion
and order finding respondent violated Sections 21(p)(1) and (p)(4)
of the Act (415 ILCS 5/21(p)(1), (p)(4) (2004)) and assessing a
penalty of $4,500. The Board ordered the Clerk of the Board and
the Environmental Protection Agency to file within 14 days a
statement of hearing costs, supported by affidavit, with service on
respondent. Respondent may respond to the cost statement within
14 days of service.
4-0
3
AC 05-33
IEPA v. Leo and Debra Harn – In response to a joint stipulation
and settlement agreement in this administrative citation action
involving a McDonough County facility, the Board found that
respondent Leo Harn 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 the petition for
review and the alleged violation of 415 ILCS 5/21(p) (7) (2004).
The Board also amended the caption to reflect Leo Harn’s status as
the only remaining respondent in this action following Debra’s
death.
4-0
AC 05-63
IEPA v. John R. Malloch – The Board entered an interim opinion
and order finding respondent violated Sections 21(p)(1), (p)(3) and
(p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2004)), and
ordered respondent to pay a civil penalty of $4,500
.
The Board
ordered the Clerk of the Board and the Environmental Protection
Agency to file within 14 days a statement of hearing costs,
supported by affidavit, with service on respondent. Respondent
may respond to the cost statement within 14 days of service.
4-0
AC 06-21
County of Jackson v. Dan Kimmel – The Board accepted for
hearing this amended petition for review of an administrative
citation against this Jackson County respondent.
4-0
AC 06-22
IEPA v. Harold Graves – The Board accepted for hearing this
petition for review of an administrative citation against this Shelby
County respondent.
4-0
AC 06-23
IEPA v. Harold Graves – The Board accepted for hearing this
petition for review of an administrative citation against this Shelby
County respondent.
4-0
AC 06-27
County of LaSalle v. Jerry Koetz – The Board accepted an
administrative citation against this LaSalle County respondent.
AC 06-28
County of Macon, Illinois v. Onyx Valley View Landfill – The
Board accepted an administrative citation against this
Macon County respondent.
4
AC 06-29
County of Macon, Illinois v. Onyx Valley View Landfill – The
Board accepted an administrative citation against this
Macon County respondent.
ADJUDICATORY CASES
Decisions
PCB 05-204
People of the State of Illinois v. Lake Street Development, L.L.C. –
In this water enforcement action concerning a Lake 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 $25,000, and
to cease and desist from further violations.
4-0
W-E
PCB 06-15
People of the State of Illinois v. Illinois-American Water Company
– 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 $7,500, and to cease and desist from further
violations. Illinois-American Water Company was also ordered to
pay a cash contribution in the amount of $5,000 to the Village of
Homer Glen, for use in constructing an off-road multi-use trail
system and trailhead, to perform an environmental compliance
audit valued at $5,000 at one of its facilities in the Chicago
Metropolitan area and submit the results to the complainant as a
supplemental environmental projects.
4-0
PWS-E
5
PCB 06-134
People of the State of Illinois v. Village of Hainesville – In this
public water supply enforcement action concerning a Lake 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 $3,000, and to cease and desist from further violations.
4-0
PWS-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
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 03-1
Illinois State Toll Highway Authority v. IEPA – The Board granted
this DeKalb County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
4-0
UST
Appeal
PCB 04-7
People of the State of Illinois v. 4832 S. Vincennes, L.P. and
Batteast Construction Company, 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 as to the Batteast
Construction Company (Batteast), and ordered Batteast to pay a
total civil penalty of $1,500, and to cease and desist from further
violations. The Board also denied the complainant’s motion for
summary judgment against respondent 4832 S. Vincennes, L.P., an
Illinois limited partnership and directed the remaining parties to
proceed to hearing.
3-1
Moore
dissented
A-E
6
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 – 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 05-51
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
Canal Company, Kerr-McGee Chemical L.L.C. – No action taken.
Citizens
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 – The
Board granted complainant’s motion for leave to file an amended
complaint. The amended complaint is due on or before April 17,
2006. The Board denied as moot complainant’s February 10, 2006
motion that the hearing officer provide an expedited ruling on the
motion for leave to amend the complaint
instanter
. In addition, to
allow the response time to expire, the Board reserved ruling on
respondent’s February 28, 2006 motion to include communications.
4-0
Citizens
N-E
7
PCB 06-1
Robert F. Kassela, Jr. and Kellie R. Kassela v. TNT Logistics
North America - The Board granted complainants’ motion for leave
to file an amended complaint. The amended complaint is due on or
before April 17, 2006. The Board denied as moot complainants’
February 10, 2006 motion that the hearing officer provide an
expedited ruling on the motion for leave to amend the complaint
instanter
. In addition, to allow the response time to expire, the
Board reserved ruling on respondent’s February 28, 2006 motion to
include communications.
4-0
Citizens
N-E
PCB 06-49
People of the State of Illinois v. Premier Waste & Recycling, Inc. –
Upon receipt of a proposed stipulation and settlement agreement
and an agreed motion to request relief from the hearing requirement
in this land enforcement action involving a Cook County facility,
the Board ordered publication of the required newspaper notice.
4-0
L-E
PCB 06-53
C&F Packing Company, Inc. v. IEPA and Lake County – No action
taken.
W-V
PCB 06-76
Gateway FS, Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Monroe County
facility.
4-0
UST
Appeal
PCB 06-82
People of the State of Illinois v. Barger Engineering, Inc. – The
Board denied respondent’s motion for dismissal of this air
enforcement action involving a White County facility.
4-0
W-E
PCB 06-85
Prosise Oil Company (#922355) 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 Jefferson County facility.
4-0
UST
Appeal
PCB 06-86
Prosise Oil Company (#982486) 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 Jefferson County facility.
4-0
UST
Appeal
8
PCB 06-87
Wayne & Dennis Swanson 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 Kane County facility.
4-0
UST
Appeal
PCB 06-88
Biggs Brothers Service Center v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a St. Clair
County facility.
4-0
UST
Appeal
PCB 06-137
City of Springfield, Illinois v. IEPA – The Board ordered petitioner
to file an amended petition to cure noted deficiencies, noting that
the filing of an amended petition would restart the decision time
clock. The Board granted petitioner’s motion to incorporate the
records of prior Board proceedings.
4-0
PWS-V
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 – No
action taken.
W-E
PCB 06-142
Magie Bros./Penreco v. IEPA – The Board ordered petitioner to file
an amended petition to cure noted deficiencies, accompanied by an
attorney’s appearance on or before April 10, 2006, or the petition
would be subject to dismissal.
4-0
P-A,
NPDES
PCB 06-143
People of the State of Illinois v. Astec Mobile Screens, Inc. – The
Board accepted for hearing this Resource Conservation and
Recovery Act enforcement action involving a site located in
Whiteside County.
4-0
RCRA-E
PCB 06-144
People of the State of Illinois v. Golden Bag Company – The Board
accepted for hearing this air enforcement action involving a site
located in Kane County.
4-0
A-E
PCB 06-145
Arlyn D. Fisk d/b/a Arlyn Fisk’s Service Center v. IEPA – The
Board accepted for hearing this underground storage tank appeal
involving a Randolph County facility.
4-0
UST
Appeal
9
PCB 06-146
Midwest Generation, L.L.C., Waukegan Generating Station v.
IEPA – The Board accepted for hearing this permit appeal
involving a Lake County facility.
4-0
P-A, Air
CASES PENDING DECISION
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) – Proposed Rule, Proposal for Public
Comment, Opinion and Order
R, Land
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
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 April 6, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
