ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
NOVEMBER 15, 2007, 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 Assistant Clerk of the Board called the roll. All four Board Members answered present.
APPROVAL OF MINUTES
The minutes of the November 1, 2007 open meeting and November 8, 2007 closed deliberative
session were approved by a vote of 4-0.
RULEMAKINGS
R04-25
In the Matter of: Proposed Amendments to Dissolved Oxygen
Standard 35 Ill. Adm. Code 302.206 – The Board adopted a second
notice opinion and order in this rulemaking to amend the Board’s
general use water quality standard for dissolved oxygen.
4-0
R, Water
R06-20
In the Matter of: Proposed Amendments to the Board’s Special
Waste Regulations Concerning Used Oil, 35 Ill. Adm. Code 808,
809 – No action taken.
4-0
R, Land
R07-8
In the Matter of: Proposed Amendments to Solid Waste Landfill
Rules, 35 Ill. Adm. Code 810 and 811 – The Board adopted a final
opinion and order in this rulemaking to update the Board’s solid
waste disposal regulations.
4-0
R, Land
R07-17
In the Matter of: Amendments to the Board's Procedural Rules and
Underground Storage Tank Rules to Reflect P. A. 94-0274, P.A.
94-0276, P.A. 94-0824, P.A. 95--031, P.A. 95-0177, and P.A. 95-
0408 (35 Ill. Adm. Code 101.202, 732.103, 732.702, 634.115, and
734.710 – The Board adopted a final opinion and order in this
rulemaking to amend the Board’s procedural rules and
underground storage tank regulations to reflect recent legislation.
4-0
Procedural,
Land
R08-9
In The Matter of: Water Quality Standards and Effluent
Limitations for the Chicago Area Waterway System and the Lower
Des Plaines River: Proposed Amendmends to 35 Ill. Adm. Code
301, 302, 303 and 304 – The Board granted the motion to hold
hearings in Chicago and Joliet, Illinois.
4-0
R, Water
A
DJUSTED STANDARDS
ADMINISTRATIVE CITATIONS
AC 06-39
City of Chicago Department of Environment v. Speedy Gonzalez
Landscaping, Inc. – No action taken.
AC 06-40
City of Chicago Department of Environment v. Jose R. Gonzalez -
No action taken.
AC 06-41
City of Chicago Department of Environment v. 1601-1759 East
130th Street, LLC - No action taken.
AC 07-25
City of Chicago Department of Environment v. 1601-1759 East
130th Street, LLC - No action taken.
2
ADJUDICATORY CASES
PCB 04-185
Midwest Generation EME, LLC v. IEPA – The Board granted the
parties’ joint motion to stay this trade secret appeal through April
17, 2008, unless the Board issues an order terminating the stay
earlier.
4-0
T-S
Air
PCB 04-215
Commonwealth Edison Company v. IEPA – The Board granted
the parties’ joint motion to stay this trade secret appeal through
April 17, 2008, unless the Board issues an order terminating the
stay earlier.
4-0
T-S
Air
PCB 04-216
Midwest Generation v. IEPA – The Board granted the parties’ joint
motion to stay this trade secret appeal through April 17, 2008,
unless the Board issues an order terminating the stay earlier.
4-0
T-S
Air
PCB 06-33
People of the State of Illinois v. First Choice Construction, Inc. – 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)
(2004)), and accepted a stipulation and settlement agreement,
ordering the respondent to pay a total civil penalty of $2,000, and
to cease and desist from further violations.
4-0
L-E
PCB 06-82
People of the State of Ilinois v. Barger Engineering, Inc. – The
Board granted complainant's motion to file a second amended
complaint and accepted the amended complaint.
4-0
W-E
PCB 07-44
Indian Creek Development Company, an Illinois partnership,
individually as beneficiary under trust 3291 of the Chicago Title
and Trust Company dated December 15, 1981 and the Chicago
Title and Trust Company, as trustee under trust 3291, dated
December 15, 1981 v. The Burlington Northern Santa Fe Railway
Company, a Delaware company – No action taken.
Citizens
L, W-E
PCB 07-63
PMA & Associates, Inc. v. IEPA – No action taken.
UST Appeal
3
PCB 07-85
TT-Town Drive Thru, Inc. v. IEPA – No action taken.
UST Appeal
PCB 07-135
George R. Strunk v. Williamson Energy LLC (Pond Creek Mine
#1) – No action taken.
A, N, W-E
PCB 08-10
Dunn’s University BP (Corrective Action Plan dated March 5,
2007) v. IEPA – The Board accepted for hearing this underground
storage tank appeal involving a Coles County facility.
4-0
UST Appeal
PCB 08-28
People of the State of Illinois v. City of Jerseyville – In this water
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)
(2004)), and accepted a stipulation and settlement agreement,
ordering the respondent to pay a total civil penalty of $1,080, and
to cease and desist from further violations.
4-0
W-E
PCB 08-32
Partylite Worldwide, Inc. v. IEPA – The Board accepted for
hearing this permit appeal involving a Kane County facility.
4-0
P-A, Air
CASES PENDING DECISION
AC 05-72
IEPA v. Gary Clover, d/b/a Clover Concrete, Marion, IL
•
Complainant’s Closing Brief (6/4)
•
Respondent’s Letter Construed as Brief (6/13)
– Interim Opinion and Order
PCB 07-84
American Bottom Conservancy and Sierra Club v. City of
Madison, Illinois and Waste Management of Illinois, Inc.
•
Petitioner’s Brief (9/17
•
Response Brief of Waste Management (10/9)
•
Petitioner’s Reply Brief (10/15)
– Due December 6
L-S-R
PCB 07-147
L. Keller Oil Properties, Inc. / Farina v. IEPA
•
Petitioner’s Post Hearing Brief (9/18)
•
Agency Response Brief (10/9)
•
Petitioner’s Reply Brief, Motion for Leave to File (10/22)
•
Waiver until 12/6/07 (10/24)
UST
Appeal
4
5
O
THER ITEMS
The Board granted the Chairman’s motion to change the December
6, 2007 Meeting from a video meeting to one held in the James R.
Thompson Center, Chicago, Room 11-512 (or larger room to be
announced later).
ADJOURNMENT
Moved and seconded, by a vote of, Chairman Girard adjourned the meeting at 11:15
.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board approved the above minutes on December 6, 2007, by a vote of.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board