June 15, 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 June 1, 2006 meeting were approved by a vote of 4-0.
RULEMAKINGS
R06-25
In the Matter of: Proposed New 35 Ill. Adm. Code 225 Control of
Emissions From Large Combustion Sources (Mercury) – The Board
denied participant’s request for issuance of Board directions to the
hearing officer, finding such request premature. The Board
instructed that any motions seeking change in scheduling or
conduct of hearing should be first addressed to the hearing officer
4-0
R, Air
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
R06-26
In the Matter of: Proposed New Clean Air Interstate Rule (CAIR)
SO2, NOx Annual and NOx Ozone Season Trading Programs, 35 Ill.
Adm. Code 225, Subparts A, C, D and E – The Board accepted for
hearing petitioner’s May 30, 2006 proposal to amend the Board’s
air pollution control regulations. The Board reserved ruling on the
motions for waiver of requirements, expedited review, and to hold
required hearings in Springfield and Collinsville.
4-0
R, Air
R07-1
In the Matter of: Definition of VOM Update, USEPA Amendments
(January 1, 2006 through June 30, 2006) – The Board reserved this
docket for a routine update to make the Board rules “identical in
substance” to United States Environmental Protection Agency rules
adopted during the update period. The update period is January 1,
2006 through June 30, 2006.
R, Air
R07-2
In the Matter of: SDWA Update, USEPA Amendments (January 1,
2006 through June 30, 2006) – The Board reserved this docket for a
routine update to make the Board rules “identical in substance” to
United States Environmental Protection Agency rules adopted
during the update period. The update period is January 1, 2006
through June 30, 2006.
R, Water
R07-3
In the Matter of: UIC Update, USEPA Amendments (January 1,
2006 through June 30, 2006) – The Board reserved this docket for a
routine update to make the Board rules “identical in substance” to
United States Environmental Protection Agency rules adopted
during the update period. The update period is January 1, 2006
through June 30, 2006.
R, Land
R07-4
In the Matter of: RCRA Subtitle D (Municipal Solid Waste
Landfill) Update, USEPA Amendments (January 1, 2006 through
June 30, 2006) – The Board reserved this docket for a routine
update to make the Board rules “identical in substance” to United
States Environmental Protection Agency rules adopted during the
update period. The update period is January 1, 2006 through June
30, 2006.
R, Land
3
R07-5
In the Matter of: RCRA Subtitle C (Hazardous Waste) Update,
USEPA Amendments (January 1, 2006 through June 30, 2006) –
The Board reserved this docket for a routine update to make the
Board rules “identical in substance” to United States Environmental
Protection Agency rules adopted during the update period. The
update period is January 1, 2006 through June 30, 2006.
R, Land
R07-6
In the Matter of: UST Update, USEPA Amendments (January 1,
2006 through June 30, 2006) – The Board reserved this docket for a
routine update to make the Board rules “identical in substance” to
United States Environmental Protection Agency rules adopted
during the update period. The update period is January 1, 2006
through June 30, 2006.
R, Land
R07-7
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (January 1, 2006 through June 30, 2006) – The Board
reserved this docket for a routine update to make the Board rules
“identical in substance” to United States Environmental Protection
Agency rules adopted during the update period. The update period
is January 1, 2006 through June 30, 2006.
R, Water
ADJUSTED STANDARDS
None
ADMINISTRATIVE CITATIONS
AC 05-17
IEPA v. Roger and Joan Miller – In response to a joint stipulation
and settlement agreement in this administrative citation action
involving a Champaign County facility, the Board found that
respondent Roger Miller had violated Section 21(p)(3) of the
Environmental Protection Act (Act) (415 ILCS 5/21(p)(3) (2004))
and ordered this respondent to pay a civil penalty of $1,500. The
Board dismissed the alleged violations of Section 415 ILCS
5/21(p)(1), (p)(3), and (p)(7) (2002) of the Act as to Joan Miller.
The Board also granted the parties’ joint motion to dismiss
respondent’s petition for review, as well as the violation of 415
ILCS 5/21(p) (1), (p)(7) (2004) alleged in the administrative
citation.
4-0
4
AC 06-39
City of Chicago Department of Environment v. Speedy Gonzalez
Landscaping, Inc. – The Board accepted for hearing this petition for
review of an administrative citation against this Cook County
respondent.
4-0
AC 06-40
City of Chicago Department of Environment v. Jose R. Gonzalez –
The Board accepted for hearing this petition for review of an
administrative citation against this Cook County respondent.
4-0
AC 06-41
City of Chicago Department of Environment v. 1601-1759 East
130
th
Street, L.L.C. – The Board accepted for hearing this petition
for review of an administrative citation against this Cook County
respondent.
4-0
AC 06-46
City of Chicago Department of Environment v. Mr. Bult’s, Inc. –
The Board accepted an administrative citation against this
Cook County respondent.
AC 06-47
IEPA v. Landfill L.L.C. and Danny Bowman – The Board accepted
an administrative citation against these Saline County respondents.
AC 06-48
IEPA v. Larry Payne, Sr. – The Board accepted an administrative
citation against this Fulton County respondent.
AC 06-49
IEPA v. Michael Gruen and Jon Eric Gruen d/b/a Jon’s Tree
Service – The Board accepted an administrative citation against
these Macoupin County respondents.
AC 06-50
IEPA v. Marla Lewis Gates, Mark Gates, and Mark Kinsley Lewis
– The Board accepted an administrative citation against these
Logan County respondents.
5
ADJUDICATORY CASES
Decisions
PCB 03-183
People of the State of Illinois v. Passavant Area Hospital – In this
air enforcement action concerning a Jackson 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 permanently cease operation of its
hospital/medical/infectious waste incinerator by either removing it
or rendering it inoperable. In addition, respondent must continue to
take necessary actions to dispose of all hospital/medical/infectious
waste. No civil penalty was requested or imposed.
4-0
A-E
PCB 03-215
People of the State of Illinois v. Huck Store Fixture Co., Inc. – In
this air enforcement action concerning an Adams 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
A-E
PCB 05-180
People of the State of Illinois v. ACI Environmental Corporation –
In this air enforcement action concerning a DuPage 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.
4-0
A-E
PCB 06-2
People of the State of Illinois v. Laidlaw Corporation – Stipulation
In this land enforcement action concerning a Massac 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
L-E
6
PCB 06-172
People of the State of Illinois v. The Carle Foundation Hospital – In
this land enforcement action concerning a Champaign 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 $6,200,
and to cease and desist from further violations. The Carle
Foundation Hospital further agrees to undertake a supplemental
environmental project, consisting of a mercury thermometer
exchange and related disposal for up to 500 mercury thermometers.
4-0
L-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 – The Board denied respondents’ motion for reconsideration
of the Board’s April 20, 2006 order. In that order, the Board denied
the Pruims’ motion for summary judgment and granted
complainant’s motion to dismiss counts III, XIV, XV, XVI, and
XVIII in PCB 04-207.
4-0
L-E
PCB 00-104
People of the State of Illinois v. The Highlands, L.L.C., Murphy
Farms, Inc. a/k/a Murphy Family Farms, and Bion Technologies,
Inc. – The Board denied complainant’s motion to strike respondent
Murphy Farms, Inc.’s amended affirmative defense.
4-0
A-E
PCB 03-106
Village of South Elgin v. Waste Management of Illinois, Inc. – The
Board granted complainant’s motion for voluntary dismissal of this
citizen land enforcement involving a Kane County facility.
4-0
L-E
7
PCB 04-9
People of the State of Illinois v. Aargus Plastics, 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 04-19
Paul and Donna Fredrickson v. Jeff Grelyak – The Board granted
complainant’s motion for voluntary dismissal of this citizen air and
noise enforcement involving a McHenry County facility.
4-0
A&N-E
PCB 04-31
PCB 05-43
(cons.)
Broadus Oil v. IEPA – No action taken.
UST Fund
PCB 04-193
People of the State of Illinois v. Fellowes Manufacturing Company
a/k/a Fellowes, 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
DuPage County facility, the Board ordered publication of the
required newspaper notice.
4-0
A-E
PCB 06-33
People of the State of Illinois v. J&S Companies, Inc. and First
Choice Construction, Inc. – The Board granted the complainant’s
motion for summary judgment and against J&S Companies, Inc. on
Sections 415 ILCS 5/21(a), (d)(1), (e), (p)(1), and (7) (2004) of the
Act as alleged in the two-count complaint. The Board directed the
case to hearing on the remaining issues.
3-1
Johnson
dissented
L-E
PCB 06-53
C&F Packing Company, Inc. v. IEPA and Lake County – No action
taken.
Johnson
W-V
PCB 06-148
Caterpillar Logistics, Inc. v. IEPA – The Board granted this
Tazewell County facility’s motion for voluntary dismissal of this
permit appeal.
4-0
P-A, Air
PCB 06-156
Midwest Generation, L.L.C.,Will County Generating Station v.
IEPA – No action taken.
P-A, Air
8
PCB 06-158
Memorial Hospital v. IEPA – Having previously granted a request
for a 90-day extension, the Board dismissed this matter because no
permit appeal was filed on behalf of this St. Clair County facility.
4-0
P-A, Air
PCB 06-171
American Bottom Conservancy v. IEPA and United States Steel
Corporation – Granite City Works – No action taken.
P-A,
NPDES
3d Party
PCB 06-179
Illinois State Toll Highway Authority 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 Cook County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 06-180
Marquis MTD, Inc.-Hennepin (Property Identification Number
H01-10-204-000) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that certain agrichemical containment facilities
of Marquis MTD, Inc. located in Putnam County are pollution
control facilities for the purpose of preferential tax treatment under
the Property Tax Code (35 ILCS 200/11-10 (2002)). No action was
taken on the recommendation to deny certification for the portion of
the building over the dry fertilizer storage and two main areas in
front of the dry fertilizer storage bins at the site.
4-0
T-C
PCB 06-181
People of the State of Illinois v. Quad-County Ready Mix
Corporation – The Board accepted for hearing this air, land and
water enforcement action involving a site located in St. Clair
County.
4-0
A&L-E
PCB 06-182
People of the State of Illinois v. Kirsea Builders, Inc. – The Board
accepted for hearing this water enforcement action involving a site
located in Will County.
4-0
W-E
9
PCB 06-183
People of the State of Illinois v. Lazar Brothers Trucking, Inc. –
The Board accepted for hearing this water enforcement action
involving a site located in Kane County.
4-0
W-E
PCB 06-184
Peoria Disposal Company v. Peoria County Board – The Board
accepted for hearing this pollution control facility siting appeal
involving a Peoria County facility.
4-0
P-C-F-S-R
CASES PENDING DECISION
R06-19
In the Matter of: Clean Construction or Demolition Debris Fill
Operations Under P.A. 94-272 (35 Ill. Adm. Code 1100) –
Proposed Rule, Second Notice, Opinion and Order
R, PWS
R06-23
In the Matter of: Standards and Requirements for Potable Water
Well Surveys and for Community Relations Activities Performed in
Conjunction with Agency Notices of Threats from Contamination
Under P.A. 94-134: New 35 Ill. Adm. Code Part 1505 – Proposed
Rule, Second Notice, Opinion and Order
R, PWS
PCB 06-131
Wesley Brazas, Jr. v. Mr. Jeff Magnussen, President, Village of
Hampshire and IEPA (due 7/6) – (see Motion for Leave to File an
Amicus Curiae Brief and the Amicus Curiae Brief in Support of
Petitioner filed 6/6)
P-A,
NPDES
OTHER ITEMS
10
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:40
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on July 6, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
