ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
September 7, 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 announced that the meeting would start at 11:30 am due to a member’s delay in
traffic. After calling the meeting to order at 11:30 am, Chairman Girard apologized for the delay
and welcomed members of the public and staff.
ROLL CALL
The Assistant Clerk of the Board called the roll. All Board Members answered present.
APPROVAL OF MINUTES
Minutes of the August 17, 2006 meeting were approved by a vote of 4-0.
RULEMAKINGS
R06-10
4-0
R, Land
In the Matter of: Proposed Amendments to Tiered Approach to
Corrective Action Objectives (35 Ill. Adm. Code 742) – The Board
adopted a first notice opinion and order in this rulemaking to
amend the Board’s land pollution control regulations.
R06-16
R06-17
R06-18
(cons.)
In the Matter of: UIC Update, 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); In the Matter of: RCRA Subtitle C Update, USEPA
Amendments (July 1, 2005 through December 31, 2005 and March
23, 2006) – The Board on the its own motion again extended the
decision deadline due to the nature of the public comments received
until December 6, 2006.
4-0
R, Land
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. 94-314: New 35 Ill. Adm. Code Part 1600 – The Board
timely adopted a final opinion and order in this statutorily-required
rulemaking which amends the Board’s public water supply
regulations.
4-0
R, PWS
R06-25
In the Matter of: Proposed New 35 Ill. Adm. Code 225 Control of
Emissions From Large Combustion Sources (Mercury) – The Board
denied Midwest Generation L.L.C.’s motion to hold additional
hearings.
4-0
R, Air
ADJUSTED STANDARDS
AS 07-1
In the Matter of: Petition of BP Products North America Inc. for an
4-0
Adjusted Standard Pursuant to 35 Ill. Adm. Code 720.122 – The
Board found that BP satisfied jurisdictional requirement of
providing notice of its petition for an adjusted standard; granted
BP’s motion to file reduced copies of petition and to incorporate
appendices A through J from docket AS 06-02 into this petition;
and noted that the Board continues to review petition.
Land
ADMINISTRATIVE CITATIONS
AC 06-20
IEPA v. Georgia Shank and Steve Shank The Board granted
complainant’s motion to withdraw this administrative citation as to
respondent Georgia Shank. The Board 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)), and ordered respondent to
4-0
2
pay a civil penalty of $4,500
.
AC 06-30
IEPA v. Rick Linnabury – In response to a joint stipulation and
settlement agreement in this administrative citation action involving
a Douglas County facility, the Board found that respondent had
violated Section 21(p)(1) of the Environmental Protection Act (Act)
(415 ILCS 5/21(p)(1) (2004)) and ordered him to pay a civil
penalty of $1,500. 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) (7) (2004) alleged in the administrative
citation.
4-0
AC 07-2
IEPA v. Robert and Wilma Adams – The Board accepted for
hearing this petition for review of an administrative citation against
these Woodford County respondents.
4-0
AC 07-4
IEPA v. Frank Wilhelm – The Board accepted for hearing this
petition for review of an administrative citation against this Macon
County respondent.
4-0
AC 07-9
IEPA v. Charles F. Kinsel – The Board accepted an administrative
citation against this Fulton County respondent.
AC 07-10
IEPA v. Michael Rickard – The Board accepted an administrative
citation against this Mason County respondent.
AC 07-11
County of Cole v. Veolia ES Orchard Hills Landfill, Inc. – The
Board accepted an administrative citation against this Cole County
respondent.
AC 07-12
IEPA v. Francis E. Morris – The Board accepted an administrative
citation against this Gallatin County respondent.
3
ADJUDICATORY CASES
Decisions
PCB 02-79
People of the State of Illinois v. Walter F. Deemie d/b/a River City
Demolition – In this air enforcement action concerning a Sangamon
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)), and accepted a stipulation and
settlement agreement, ordering the respondent to pay a total civil
penalty of $8,000, and to cease and desist from further violations.
4-0
A-E
PCB 04-107
People of the State of Illinois v. Peter Babaniotis – In this air
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 $19,215, and to cease and
desist from further violations. Babaniotis further agreed to submit
to the Illinois Environmental Protection Agency (Agency) within
60 days of the Board order a revised Corrective Action Completion
Report (CACR) addressing each deficiency in the 2003 CACR
outlined in the Agency’s October 22, 2003 letter rejecting that
CACR.
4-0
L -E
PCB 05-203
People of the State of Illinois and Homewood Disposal Service,
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)), and accepted a stipulation and settlement
agreement, ordering the respondent to pay a total civil penalty of
$20,000, and to cease and desist from further violations.
4-0
A-E
4
PCB 06-117
People of the State of Illinois v. Saline County Landfill, Inc. – In
this land enforcement action concerning a Saline 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)), and accepted a stipulation and settlement agreement,
ordering the respondent to pay a total civil penalty of $8,000, and
to cease and desist from further violations.
4-0
L-E
PCB 06-137
City of Springfield, Illinois v. IEPA – The Board granted petitioner
a 5 year variance, subject to conditions, from 35 Ill. Adm. Code
302.206 to allow Springfield to build temporary dams to create an
emergency water source during drought events. The variance
applies to dissolved oxygen in the following portions of the
Sangamon River: (1) the six-mile pool created on the Sangamon
River by any temporary dams; (2) the 5.5-mile pool on the South
Fork of the Sangamon River created by any temporary dams; (3)
the South Fork below the dam to its confluence with the Sangamon
River; and (4) up to 12.17 miles downstream of the temporary
Sangamon River dam to the rock and crib dam (between river mile
85.24 and 73.07).
4-0
W-V
PCB 06-182
People of the State of Illinois v. Kirsea Builders, Inc. - In this air
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)),
and accepted a stipulation and settlement agreement, ordering the
respondent to pay a total civil penalty of $3,200, and to cease and
desist from further violations.
4-0
W-E
5
PCB 07-4
People of the State of Illinois v. Village of Tinley Park – In this
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, and
ordered the respondent to pay a total civil penalty of $14,000, and
to cease and desist from further violations. But, the civil penalty is
mitigated to $5,000, provided respondent undertakes a
supplemental environmental project (SEP) that has an approximate
value of $30,000. The SEP involve restoration and stabilization of
the stream bank along Midlothian Creek in the areas of Gentry
Lane and Lakewood Drive in the Edgewater Walk subdivision, to
improve water quality in the Little Calumet watershed.
4-0
W-E
PCB 07-7
People of the State of Illinois v. City of Belvidere and CES, Inc. –
In this water enforcement action concerning a Saline 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)), and accepted a stipulation and settlement
agreement, ordering the respondents to pay a total civil penalty of
$15,000, and to cease and desist from further violations.
4-0
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. – The Board accepted the appeal of the 9/8/06 hearing
officer order, which the Board affirmed in part and reversed in part.
The Board granted respondents' motion to quash the discovery
depositions of their attorneys, and denied the People's motion for
protective order. The Board set up a strict schedule for the
completion of discovery on the attorney fees issue, ordered that
hearing be held no later than 12/22/06, and that all briefing be
completed by 1/19/07.
4-0
W-E
6
PCB 03-95
Abitec Corporation v. IEPA – The Board granted this LaSalle
County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
4-0
UST
Appeal
PCB 03-129
PCB 03-130
PCB 03-131
PCB 03-136
PCB 03-137
PCB 04-171
Keller Oil (May 1, 2000 - August 31, 2001) v. IEPA – The Board
granted this Coles County facility’s motion for voluntary dismissal
of these consolidated underground storage tank appeals.
4-0
UST
Appeal
PCB 04-31
PCB 05-43
(cons.)
Broadus Oil v. IEPA – No action taken.
UST Fund
PCB 04-16
People of the State of Illinois v. Packaging Personified, Inc., an
Illinois corporation – No action taken.
A-E
PCB 05-49
Morton F. Dorothy v. Flex-N-Gate Corporation – No action taken.
Citizens
A&L-E
PCB 06-16
People of the State of Illinois v. Ogoco, Inc. – No action taken.
W-E
PCB 06-27
People of the State of Illinois v. Joel Hillman – 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 Lake County facility, the Board
ordered publication of the required newspaper notice.
4-0
A-E
PCB 06-53
C&F Packing Company, Inc. v. IEPA and Lake County – No action
taken.
W-V
7
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 – No action
taken.
Citizens
W-E
PCB 06-163
The Theodore Kosloff Trust (as formed by the irrevocable
Agreement of Trust of Theodore Kosloff, dated December 6, 1989,
for Rachel Kosloff and Abigail Kosloff v. A&B Wireform
Corporation – No action taken.
L-E
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 06-173
People of the State of Illinois v. First Country Homes, L.L.C. – No
action taken.
W-E
PCB 06-177
People of the State of Illinois v. Sheridan Sand & Gravel Co. – The
Board denied respondent’s motion to dismiss.
4-0
L-E
PCB 06-179
Illinois State Toll Highway Authority 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 facility in Cook County.
4-0
UST
Appeal
PCB 07-6
J. D. Streett & Company, Inc. v. Illinois Environmental Protection
Agency – The Board accepted for hearing this amended
underground storage tank appeal involving a Fulton County
facility.
4-0
UST
Appeal
PCB 07-10
Citgo Petroleum Corporation v. IEPA – No action taken.
P-A,
NPDES
PCB 07-11
Lincolnshire/State Oil S&S Petroleum v. IEPA – The Board
accepted for hearing this underground storage tank appeal
involving a Lake County facility.
4-0
UST
Appeal
8
PCB 07-12
Fedex Ground Package System, Inc. v. IEPA – The Board accepted
for hearing this underground storage tank appeal involving a Cook
County facility. The Board reserved ruling on respondent's motion
for summary judgment.
4-0
UST
Appeal
PCB 07-13
People of the State of Illinois v. Ray F. Landers, individually, and
Equipping the Saints Ministry International, Inc., an Illinois not-
for-profit corporation – The Board accepted for hearing this air
enforcement action involving a site located in Sangamon County.
4-0
A-E
PCB 07-14
Conocophillips Company v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a DuPage
County facility.
4-0
UST
Appeal
PCB 07-15
Joyce Farms Recycling, Inc. v. IEPA – The Board accepted for
hearing this permit appeal involving a Kankakee County facility.
4-0
P-A, Land
CASES PENDING DECISION
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 – Proposed Rule, First
Notice, Opinion and Order
R, Land
9
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 12:10
p.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on September 21, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
10
