ILLINOIS POLLUTION CONTROL BOARD

M

EETING MINUTES

June 7, 2007

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 Assistant Clerk of the Board called the roll. All Board Members answered present.

APPROVAL OF MINUTES

The minutes of the May 7, 2007 open meeting and the May 31, 2007 closed deliberative sessions

were approved by a vote of 4-0.

RULEMAKINGS

R07-20

In the Matter of: Procedures for Reporting Releases of

Radionuclides at Nuclear Power Plants – No action taken.

R,Water

---

R07-21

In the Matter of: Site Specific Rule for City of Joliet Wastewater

Treatment Plant Fluoride and Copper Discharges, 35 Ill. Adm.

Code 303.432 – No action taken.

R, Water

ADJUSTED STANDARDS

AS 07-06

In the Matter of: Petition of Cabot Corporation for an Adjusted

Standard from 35 Ill. Adm. Code Part 738. Subpart B - No action

taken.

Land

ADMINISTRATIVE CITATIONS

AC 05-44

IEPA v. Donald Eichen – In response to a joint stipulation and

settlement agreement in this administrative citation action

involving a Macoupin County facility, the Board found that

respondent had violated Section 21(p)(1) of the Environmental

Protection Act (415 ILCS 5/21(p)(1) (2006)) and ordered

respondent to pay a civil penalty of $1,500. The Board also

granted the parties’ joint motion to dismiss respondent’s petition

for review.

4-0

AC 05-70

IEPA v. James Stutsman - The Board entered a final opinion and

order requiring respondent to pay hearing costs of the Illinois

Environmental Protection Agency and the Board in the amount of

$372.75 and a civil penalty of $3,000. Due to the delay of seven

weeks between service of the Illinois Environmental Protection

Agency’s statement of hearing costs and its arrival in the Board’s

office, the Board on its own motion reconsidered its previous final

opinion and order of November 16, 2006, and vacated that order on

December 7, 2006. This order follows the Board's interim order of

September 21, 2006, which found that this respondent had violated

Sections 21(p)(1) and (7) of the Environmental Protection Act.

(415 ILCS 5/21(p)(1), (7) (2006)).

4-0

AC 06-50

IEPA v. Marla Lewis Gates, Mark Gates, and Mark Kingsley Lewis

– No action taken.

2

---

AC 07-12

IEPA v. Francis E. Morris – In response to a joint stipulation and

settlement agreement in this administrative citation action

involving a Gallatin County facility, the Board found that

respondent had violated Section 21(p)(1) of the Environmental

Protection Act (415 ILCS 5/21(p)(1) (2006)) and ordered

respondent to pay a civil penalty of $1,500. The Board also

granted the parties’ joint motion to dismiss respondent’s petition

for review and the alleged violations of 415 ILCS 5/21(p)(3), (4),

and (7) (2006).

4-0

AC 07-45

County of LaSalle v. Wayne and Becky Foster – The Board granted

complainant’s motion to dismiss the administrative citation.

4-0

AC 07-50

IEPA v. Doug Hensley and Eric & Charmin Joseph – No action

taken.

AC 07-53

IEPA v.Renee C. Lo – No action taken.

AC 07-54

IEPA v.Adolph M. Lo – The Board accepted as timely

respondents’ petition for review of this administrative citation

involving a Champaign County facility.

4-0

AC 07-55

IEPA v. Gire Properties, Inc. and Gire Construction, Inc. – The

Board granted complainant’s motion to dismiss this administrative

citation.

4-0

AC 07-60

IEPA v. Joseph Combs – The Board accepted an administrative

citation against this Greene County respondent.

AC 07-61

IEPA v. Ben and Destiny Wyant – The Board accepted an

administrative citation against these Williamson County

respondents.

.

AC 07-62

IEPA v. John A. & Kay E. Oldham – The Board accepted an

administrative citation against these Clay County respondents.

3

---

AC 07-63

IEPA v. Clinton D. & Ruth H. Jordan – The Board accepted an

administrative citation against these Williamson County

respondents.

ADJUDICATORY CASES

Decisions

PCB 05-44

People of the State of Illinois v. Roger Kuberski, d/b/a Mount

Vernon Quality Times, Inc. – In this water enforcement action

concerning a Jefferson 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) (2006)),

accepted a stipulation and settlement agreement, and ordered the

respondent to pay a total civil penalty of $1,200, and to cease and

desist from further violations.

4-0

W-E

PCB 06-51

People of the State of Illinois v. CSX Transportation, Inc. – In this

air, land, and water enforcement action concerning an Edwards

County site, the Board granted relief from the hearing requirement

of Section 31(c)(1) of the Environmental Protection Act (415 ILCS

5/31(c)(1) (2006)), accepted a stipulation and settlement

agreement, and ordered the respondent to pay a total civil penalty

of $80,000, and to cease and desist from further violations.

4-0

A-L-W-E

PCB 06-151

People of the State of Illinois v. Big River Zinc and Allied Waste

Transportation, Inc. d/b/a Midwest Waste – In this land

enforcement action concerning a St. Clair 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)

(2006)), accepted a stipulation and settlement agreement, and

ordered the respondent to pay a total civil penalty of $4,500, and to

cease and desist from further violations. Respondent must perform

a supplemental environmental project (SEP) by reserving landfill

capacity for waste. The value of the SEP is $16,800 and the SEP

must be performed as specified in the stipulation and proposal for

settlement.

4-0

L-E

4

---

PCB 06-193

People of the State of Illinois v. Ron Fisher Motorsports, Inc. d/b/a

F & L Salvage – In this land enforcement action concerning a

Washington County site, the Board granted relief from the hearing

requirement of Section 31(c)(1) of the Environmental Protection

Act (415 ILCS 5/31(c)(1) (2006)), accepted a stipulation and

settlement agreement, and ordered the respondent to pay a total

civil penalty of $7,000, and to cease and desist from further

violations.

4-0

L-E

PCB 07-49

People of the State of Illinois v. City of Woodstock – In this water

enforcement action concerning a McHenry County site, the Board

granted relief from the hearing requirement of Section 31(c)(1) of

the Environmental Protection Act (415 ILCS 5/31(c)(1) (2006)),

accepted a stipulation and settlement agreement, and ordered the

respondent to pay a total civil penalty of $2,300, and to cease and

desist from further violations.

4-0

W-E

Motions and Other Matters

PCB 03-191

People of The State of Illinois v. Community Landfill Company,

Inc. and City of Morris – No action taken.

L-E

PCB 04-88

Des Plaines River Watershed Alliance, Livable Communities

Alliance, Prairie Rivers Network, and Sierra Club v. IEPA and

Village of New Lenox – No action taken.

P-A

Water

PCB 04-185

Midwest Generation EME, LLC v. IEPA – No action taken.

T-S

PCB 04-213

The Village of Lombard, Illinois, an Illinois municipality

corporation v. Bill's Auto Center, Bill's Standard Service, and

William Kovar – The Board granted complainant’s motion to

dismiss this citizen’s enforcement and cost recovery action

involving a DuPage County facility.

4-0

L-E

Citizen

PCB 04-215

Commonwealth Edison Company v. IEPA – No action taken.

T-S

Air

5

---

PCB 04-216

Midwest Generation v. IEPA – No action taken.

T-S

Air

PCB 05-93

York High Neighborhood Committee (a voluntary organization)

Janet and Fred Hodge, Patricia and David Bennett, Sheila and Mike

Trant, Joe Vosicky, Jean and Peter Conroy, Frank Soldano, Joseph

Reamer, Elizabeth and Charles Laliberte v. Elmhurst Public

Schools, District 205 – The Board granted the parties’ agreed

motion for extension of time until June 18, 2007 to file an amended

stipulation and settlement agreement.

4-0

N-E

PCB 05-215

PCB 06-103

People of the State of Illinois v. First Rockford Group, Inc – Upon

receipt of a proposed stipulation and settlement agreement and an

agreed motion to request relief from the hearing requirement in this

water enforcement action involving a Winnebago County facility,

the Board ordered publication of the required newspaper notice.

4-0

PWSE

PCB 06-52

Knapp Oil Company, Don’s 66 v. IEPA – No action taken.

UST

Appeal

PCB 06-171

American Bottom Conservancy v. Illinois Environmental

Protection Agency and United States Steel Corporation - Granite

City Works – No action taken.

P-A

Water

PCB 06-177

People of the State of Illinois v. Sheridan Sand & Gravel Co. – The

Board granted complainant’s motion to strike the three alleged

affirmative defenses set forth by respondent.

4-0

L-E

PCB 07-16

People of the State of Illinois v. CSX Transportation, Inc. – No

action taken.

W-E

PCB 07-17

Dale L. Stanhibel v. Tom Halat d/b/a Tom’s Vegetable Market -

The Board construed respondent’s April 23, 2007 motion for

summary judgment as an unopposed motion to dismiss and

dismissed the complaint with prejudice.

4-0

A&N-E

6

---

PCB 07-27

Village of Wilmette v. IEPA – No action taken.

UST

Appeal

PCB 07-48

Village of Wilmette v. IEPA – No action taken.

UST

Appeal

PCB 07-79

North American Lighting, Inc. v. IEPA – The Board granted this

Edgar County facility’s motion for voluntary dismissal of this

permit appeal.

4-0

P-A

Air

PCB 07-80

Russ Taylor v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Champaign County

facility.

4-0

UST-

Appeal

PCB 07-96

Kyle Nash v. Karen Sokolowski – The Board directed complainant

to file proof of service of the complaint on the respondent by July

9, 2007.

4-0

N-E

Citizens

PCB 07-97

Kyle Nash v. Louis Jiminez – The Board directed complainant to

file proof of service of the complaint on the respondent by July 9,

2007.

4-0

N-E

Citizens

PCB 07-109

Lawrence Reed v. Mark Howard - The Board held for a later

duplicative/frivolous determination this citizens’ noise enforcement

action involving a Cook County facility.

N-E

PCB 07-111

Collins & Aikman v. IEPA – No action taken.

T-C, Water

PCB 07-112

Lone Star Industries, Inc. v. IEPA – The Board accepted for

hearing and granted petitioner’s motion for partial stay of specified

conditions in the construction permit in this permit appeal

involving a LaSalle County facility.

4-0

P-A

PCB 07-113

Rochelle Waste Disposal, L.L.C. v. The City of Rochelle and The

4-0

7

---

Rochelle City Council – The Board accepted for hearing and on its

own motion consolidated this third-party pollution control facility

siting appeal with PCB 07-116 involving a site in Ogle County.

P-C-F-S-R

3rd Party

PCB 07-114

Robert Habeeb v. The Coach House Restaurant – The Board held

for a later duplicative/frivolous determination this citizens’ noise

enforcement action involving a Cook County facility.

N-E

Citizens

PCB 07-115

Dynegy Midwest Generation, Inc. (Havana Power Station) v. IEPA

– The Board granted this request for a 90-day extension of time to

file a permit appeal on behalf of this Mason County facility.

4-0

P-A

PCB 07-116

Concerned Citizens of Ogle County v. The City of Rochelle, The

City Council of the City of Rochelle, and Rochelle Waste Disposal,

L.L.C. – The Board accepted for hearing and own its on motion

consolidated this third-party pollution control facility siting appeal

with PCB 07-113 involving a site in Ogle County.

4-0

P-C-F-S-R

3rd Party

PCB 07-117

Dennis Sturtevant – Shannon v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Dennis Sturtevant,

located in Carroll County, are pollution control facilities for the

purpose of preferential tax treatment under the Property Tax Code

(35 ILCS 200/11-10 (2006)).

4-0

T-C, Water

PCB 07-118

Blackland Pork, LLC – Blue Mound v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of Blackland

Pork, LLC, located in Macon County, are pollution control

facilities for the purpose of preferential tax treatment under the

Property Tax Code (35 ILCS 200/11-10 (2006)).

4-0

T-C, Water

PCB 07-119

Mahr’s Service & Sales 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 Fulton County facility.

4-0

UST

Appeal, 90-

Day

Extension

8

---