The following is the Illinois Pollution Control Board's tentative agenda for its April 4, 1996 Board meeting. The actual Agenda will be available at 10:30 a.m. Tuesday, April 2, 1996 and will list all motions and case filings received before Monday, Apri

R06-10
AS 05-7
AS 06-1
AC 04-78
AC 05-2
AC 05-29
AC 05-74
AC 06-4
AC 06-5
AC 06-6
AC 06-7
PCB 04-84
PCB 05-149
PCB 05-221
PCB 06-5

ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

OCTOBER 6, 2005 SPRINGFIELD OFFICE

1021 N. Grand Avenue East

Conference Room 1244 N, First Floor

ANNOUNCEMENTS

After calling the meeting to order, Member Girard welcomed members of the public and staff.

The Clerk of the Board, by her designee Connie Newman, called the roll.

All Board Members

answered present except for Chairman Novak who was absent.

APPROVAL OF MINUTES

Minutes of the September 15, 2005 meeting were approved by a vote of 4-0.

RULEMAKINGS

In the Matter of: Proposed Amendments to Tiered Approach to

Corrective Action Objectives (35 Ill. Adm. Code 742) – No action

ADJUSTED STANDARDS

In the Matter of: Petition of Waste Management of Illinois, Inc. for

an Adjusted Standard from Subpart D of 35 Ill. Adm. Code 721 and

for RCRA Waste Delisting Under 35 Ill. Adm. Code 720.122 for

Treatment Residual of CID Recycling and Disposal Facility

Biological Liquid Treatment Center – No action taken.

In the Matter of: Petition of Lafarge Midwest, Inc. for an Adjusted

Standard from 35 Ill. Adm. Code 739.161 Pursuant to 35 Ill. Adm.

Code 720.132 and 720.133 – No action taken.

ADMINISTRATIVE CITATIONS

IEPA v. Daniel Pauley – In response to a joint stipulation and

settlement agreement in this administrative citation action involving

a St. Clair County facility, the Board found that respondent had

violated Section 21(p)(3) of the Environmental Protection Act (415

ILCS 5/21(p)(3) (2004)) 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) (1), (p)(4) (2004).

IEPA v. Lester Smith – The Board granted respondent’s motion to

withdraw his August 17, 2004 petition for review. The Board found

that this Massac County respondent violated Section 21(p)(1) of the

Act (415 ILCS 5/21(p)(1) (2004)), and ordered respondent to pay a

civil penalty of $1,500

IEPA v. Charles L. Riggins – The Board granted respondent’s

motion to withdraw his November 3, 2004 petition for review. The

Board found that this Mason County respondent violated Sections

21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2004)), and ordered

respondent to pay a civil penalty of $1,500

IEPA v. Linda Holmes – The Board granted complainant’s motion

for voluntary dismissal of this administrative citation.

County of Perry v. Charles Tilley – The Board found that this Perry

County respondent violated Section 21(p)(1) of the Act (415 ILCS

5/21(p)(1) (2004)), and ordered respondent to pay a civil penalty of

County of Perry v. Debbie Melvin – The Board found that this

Perry County respondent violated Section 21(p)(1) of the Act (415

ILCS 5/21(p)(1) (2004)), and ordered respondent to pay a civil

penalty of $1,500

County of Perry v. Joseph Gassell – The Board found that this

Perry County respondent violated Section 21(p)(1) of the Act (415

ILCS 5/21(p)(1) (2004)), and ordered respondent to pay a civil

penalty of $1,500

County of Perry v. William Campbell, Jr. – The Board found that

this Perry County respondent violated Section 21(p)(1) of the Act

(415 ILCS 5/21(p)(1) (2004)), and ordered respondent to pay a civil

penalty of $1,500

ADJUDICATORY CASES

People of the State of Illinois v. Paramount Developers, 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)

(2004)), accepted a stipulation and settlement agreement, and

ordered the respondent to pay a total civil penalty of $12,000, and

to cease and desist from further violations.

People of the State of Illinois v. Truserv Corporation d/b/a True

Value Manufacturing Company – 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)), accepted a stipulation

and settlement agreement, and ordered the respondent to pay a total

civil penalty of $30,000, and to cease and desist from further

People of the State of Illinois v. Ron Freeman individually and

d/b/a Harbor Lites-Pistakee Fishing Club – In this public water

supply enforcement action concerning a Lake 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 $3,000, and to

cease and desist from further violations.

People of the State of Illinois v. GKN Aerospace North America,

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)), accepted a stipulation and settlement agreement,

and ordered the respondent to pay a total civil penalty of $22,000,

and to cease and desist from further violations.

Motions and Other Matters

People of the State of Illinois v. Skokie Valley Asphalt, Inc., an

Illinois corporation, 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 Valley Asphalt Co., Inc. – No action taken.

People of the State of Illinois v. Peabody Coal Company, L.L.C. –

The Board granted respondent’s motion to substitute party.

People of the State of Illinois v. The Highlands, L.L.C. and Murphy

Farms, Inc. – No action taken.

McNeill Twins Oil Company v. IEPA – The Board granted

petitioner’s motion for voluntary dismissal of this underground

storage tank appeal involving a Whiteside County facility.

Board of Trustees of Southern Illinois University Governing

Southern Illinois University, Edwardsville v. IEPA – The Board

denied respondent’s motion for reconsideration of its August 4,

2005 Board Order, ordering the Agency to issue an NPDES permit,

subject to condition.

Village of Findlay v. IEPA – The Board granted petitioner’s motion

for voluntary dismissal of this permit appeal involving a Shelby

County facility.

Freedom Oil Company v. IEPA – No action taken.

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

Inc. and the City of Morris – No action taken.

Illinois State Toll Highway Authority (Belvidere North CACR) v.

IEPA – The Board granted petitioner’s motion for voluntary

dismissal of these consolidated underground storage tank appeals

involving a Boone County facility.

Des Plaines River Watershed Alliance, Livable Communities

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

Village of New Lenox – No action taken.

Midwest Generation EME, L.L.C. v. IEPA – No action taken.

Commonwealth Edison Company v. IEPA – No action taken.

Midwest Generation EME, L.L.C. v. IEPA – No action taken.

People of the State of Illinois v. Color Communications, 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.

Bunker Hill Amoco v. IEPA – The Board granted petitioner’s

motion for voluntary dismissal of this underground storage tank

appeal involving a Macouoin County facility.

Morton F. Dorothy v. Flex-N-Gate Corporation – No action taken.

People of the State of Illinois v. Wienmar, 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 Kane County facility, the Board

ordered publication of the required newspaper notice.

Grand Pier Center L.LC. American International Specialty Lines

Insurance Co. as subrogee of Grand Pier Center L.LC, v. River East

L.L.C., Chicago Dock and Canal Trust, Chicago Dock and Canal

Company, and Kerr-McGee Chemical L.L.C. – No action taken.

Vernon and Elaine Zohfeld v. Robert Drake, Wabash Valley

Service Company, Michael J. Pfister, Noah D. Horton and Steve

Kinder – No action taken.

Robert Bennett 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 Lake

County facility.

Larry’s Automotive Service 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 Madison County facility.

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

of Cherry Valley, Heritage Engineering, Ltd, and Schlichting &

Sons Excavating, Inc. – Upon receipt of a proposed stipulation and

settlement agreement and an agreed motion to request relief from

the hearing requirement in this public water supply enforcement

action involving a Winnebago County facility, the Board ordered

publication of the required newspaper notice.

Silbrico Corporation v. IEPA – No action taken.

St. Francis Pet Crematory & Kennels, Inc. v. IEPA – The Agency

September 15, 2005 Motion for Leave to Supplement

Administrative Record and Administrative Record Index and

Supplement was referred to the hearing officer for disposition.

Gold Star FS, Inc. (Lyndon Facility) (Property Identification No.

15-15-302-006) v. IEPA – Because the Board did not receive any

petition for review of the Agency’s recommendation to deny

certification, consistent with the Agency’s recommendation, the

Board declined to certify that certain Gold Star FS, Inc. facilities

are pollution control facilities and dismissed this matter.

Gold Star FS, Inc. (Erie Facility) (Property Identification No. 20-

05-152-005) v. IEPA – Because the Board did not receive any

petition for review of the Agency’s recommendation to deny

certification, consistent with the Agency’s recommendation, the

Board declined to certify that certain Gold Star FS, Inc. facilities

are pollution control facilities and dismissed this matter.

Okawville Farmers Elevator Co. (Property Identification No. 12-

06-20-478-013) v. IEPA – Because the Board did not receive any

petition for review of the Agency’s recommendation to deny

certification, consistent with the Agency’s recommendation, the

Board declined to certify that certain Okawville Farmers Elevator

Co. facilities are pollution control facilities and dismissed this

William Breuer v. IEPA – The Board granted petitioner’s motion to

amend his petition for review of final Agency Leaking

Underground Storage Tank Decision and accepted the amended

People of the State of Illinois v. Waste Management of Illinois, Inc.

– The Board accepted for hearing this land enforcement action

involving a site located in Lee County.

Sangamon Valley Farm Supply v. IEPA and Village of Saybrook,

Illinois – The Board accepted for hearing this petition for water

well setback exception involving a site located in McLean County.

People of the State of Illinois v. Weis Builders, Inc. – The Board

accepted for hearing this public water supply enforcement action

involving a site located in Will County.

People of the State of Illinois v. Ecolab, Inc. and Charles A.

Winslett – The Board accepted for hearing this land and water

enforcement action involving a site located in Tazewell County.

People of the State of Illinois v. Osborne Homes, Inc. – The Board

accepted for hearing this water enforcement action involving a site

located in Madison County.

Eaves Auto Repair 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 Ford County facility.

CASES PENDING DECISION

In the Matter of: UIC Corrections, USEPA Amendments (January

1, 2005 through June 30, 2005); In the Matter of: RCRA Subtitle D

Update, USEPA Amendments (January 1, 2005 through June 30,

2005); In the Matter of: RCRA Subtitle C Update, USEPA

Amendments (January 1, 2005 through June 30, 2005) – Proposed

Rule, Proposal for Public Comment, Opinion and Order

OTHER ITEMS

ADJOURNMENT

Moved and seconded, by a vote of 4-0, Member Girard adjourned the meeting at 11:33

I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board

approved the above minutes on October 20, 2005, by a vote of.