ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
November 20, 2008
Chicago/Springfield Videoconference
CHICAGO OFFICE
100 W. Randolph Street
Chicago, IL
Videoconference Room 11-512
And
SPRINGFIELD OFFICE
1021 N. Grand Avenue East
Springfield, IL
Videoconference Room 1244N, First Floor
11:00 A.M.
ANNOUNCEMENTS
Chairman Girard welcomed members of the public and staff. Chairman Girard welcomed
Member Dr. Shundar Lin to the Board. Chairman Girard thanked Member Nicolas J. Melas for
his ten years of service with the Board and wished him well.
ROLL CALL
The Assistant Clerk of the Board called the roll. All five Board Members answered present.
APPROVAL OF MINUTES
The minutes of the November 5, 2008 open meeting were approved by a vote of 4-0, Member
Lin abstained. The minutes of the November 13, 2008 closed deliberative session were approved
by a vote of 5-0.
RULEMAKINGS
R08-5
Wastewater Pretreatment Update, USEPA Amendments (January
1, 2007 through June 30, 2007) – The Board adopted a final
opinion and order in this “identical-in-substance” rulemaking
which amends the Board’s wastewater pretreatment regulations.
5-0
Water
R09-3
RCRA Subtitle C (Hazardous Waste Update, USEPA
Amendments (January 1, 2008 through June 30, 2008) – The
Board adopted a final opinion and order in this “identical-in-
substance” rulemaking amending the Board’s hazardous waste
regulations.
5-0
Land
R09-11
In the Matter of: Proposed Site Specific Rule Applicable to the
City of Galva Sewage Treatment Plants Discharge to Edwards
River and Mud Run Creek, 35 Ill. Adm. Code 302.208(g) – No
action taken.
Water
A
DJUSTED STANDARDS
AS 08-1
In the Matter of: Petition of Illinois Department of
Transportation, District 8, Bowman Avenue Pump Station and
Deep Well System, for an Adjusted Standard from 35 Ill. Adm.
Code 302.208(g) (NPDES Permit No. IL0070955) – No action
taken.
Land
AS 09-1
In the Matter of: Petition of Ameren Energy Generating
Company for Adjusted Standards from 35 Ill. Adm. Code Parts
811, 814, and 815 (Hutsonville Power Station) – No action taken.
Land
A
DMINISTRATIVE CITATIONS
AC 08-28
IEPA v. Joseph Cosentino and Rob Pinski
– No action taken.
AC 08-31
IEPA v. Upper Rock Island County Landfill and Dave Geier
–
No action taken.
AC 08-32
IEPA v. Joseph Flick
– No action taken.
AC 08-34
IEPA v. Joseph Combs
– No action taken.
AC 08-36
IEPA v. Charles F. Kinsel – No action taken.
2
AC 09-14
IEPA v. Reynolds Service Co. – No action taken.
AC 09-15
Ogle County v. Veolia ES Orchard Hills Landfill, Inc. – The
Board found that this Ogle County respondent violated Section
21(o)(5) of the Act (415 ILCS 5/21(o)(5) (2006)) and ordered
respondent to pay a penalty of $500.
5-0
AC 09-17
IEPA v. John Kraushaar, Jr. and Kyle Kraushaar – The Board
granted complainant’s motion for withdrawal of this
administrative citation and closed the docket.
5-0
AC 09-22
IEPA v. Bradley & Carol Corzine – The Board accepted for
hearing respondents’ petition for review of this administrative
citation involving a Fulton County facility.
5-0
AC 09-23
IEPA v. Allied Waste, Inc. – The Board accepted an
administrative citation against this Bond County respondent.
A
DJUDICATORY CASES
PCB 05-35
Kibler Development Corporation and Marion Ridge Landfill, Inc.
v. IEPA – The Board denied the State’s Attorney of Williamson
County motion for reconsideration of the August 7, 2008 order.
5-0
P-A,
Air
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 07-43
Kibler Development Corporation and Marion Ridge Landfill, Inc.
v. IEPA – The Board denied the State’s Attorney of Williamson
County motion for reconsideration of the August 7, 2008 order.
5-0
P-A,
Air
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
PCB 07-96
Kyle Nash v. Karen Sokolowski – No action taken.
Citizens
N-E
3
PCB 07-97
Kyle Nash v. Louis Jimenez – No action taken.
Citizens
N-E
PCB 07-146
Fox Moraine, LLC v. United City of Yorkville, City Council
–
The Board accepted petitioner’s first and second amended
petitions for hearing.
5-0
PCFSR, Land
PCB 07-148
People of the State of Illinois by Lisa Madigan, Attorney General
of the State of Illinois v. Carlyle North Water Company, Inc.
–
In
this public water supply enforcement action concerning a Clinton
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)), and accepted a stipulation and
settlement agreement, ordering the respondent to pay a total civil
penalty of $3,713, and to cease and desist from further violations.
5-0
PWS-E
PCB 08-44
People of the State of Illinois v. Prairie Material Sales, Inc.,
–
In
this water 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) (2006)), and accepted a stipulation and settlement
agreement, ordering the respondent to pay a total civil penalty of
$55,000, and to cease and desist from further violations.
W-E
PCB 08-87
People of the State of Illinois v. Steve Soderberg d/b/a Steve's
Concrete and Excavating
–
No action taken.
W-E
PCB 08-96
United City of Yorkville v. Hamman Farms – No action taken.
Citizens
A, L, W-E
PCB 09-2
People of the State of Illinois v. Centerpoint Properties Trust, a
real estate investment trust, and FCL Investors, Inc., an Illinois
corporation formerly known as FCL Builders, Inc.
–
Upon receipt
of a proposed stipulation and settlement agreements and agreed
motions to request relief from the hearing requirement in this
water enforcement action involving a Lake County facility, the
Board ordered publication of the required newspaper notice.
5-0
W-E
PCB 09-10
Joseph & Victoria Morrissey v. Geoff Pahios, Alpine Automotive
–
The Board took no action on the pending motions and directed
the hearing officer to proceed expeditiously to hearing in this
matter consistent with the Board’s September 16, 2008 order.
5-0
Citizens,
N-E
4
PCB 09-21
Ameren Energy Generating Company, Amerenenergy Resources
Generating Company, and Electric Energy, Inc. v. IEPA – No
action taken.
A-V
PCB 09-30
People of the State of Illinois v. Montalbano Builder’s Inc.
– The
Board accepted for hearing this water enforcement action
involving a site located in McHenry County.
5-0
W-E
PCB 09-31
People of the State of IL v. James Buysee, d/b/a J & B
Landscaping – The Board accepted for hearing this water
enforcement action involving a site located in Rock Island
County.
5-0
W-E
PCB 09-32
People of the State of Illinois v. Whalen Manufacturing Company
and Yetter Manufacturing Company – The Board accepted for
hearing this water enforcement action involving a site located in
McDonough County.
5-0
W-E
C
ASES PENDING DECISION
AS 08-5
In the Matter of: Petition of BFI Waste Systems of North America, Inc.
for Waste Delisting
•
Adopted Rule, Final Opinion and Order
Land
R08-7
R08-13
SDWA Update, USEPA Amendments (January 1, 2007 through June 30,
2007)
SDWA Update, USEPA Amendments (July 1, 2007 through December
31, 2007)
•
Adopted Rule, Final Opinion and Order
PWS
O
THER ITEMS
5
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:25 a.m
.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board approved the above minutes on December 4, 2008, by a vote of 4-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
6
