APRIL 3, 2003
CHICAGO OFFICE – 100 W. Randolph Street
Conference Room 9-040
11:00 A.M.
ANNOUNCEMENTS
After calling the meeting to order, Chairman Johnson welcomed members of the public and staff
to the meeting.
ROLL CALL
The Clerk of the Board called the roll. All Board Members were present.
APPROVAL OF MINUTES
Minutes of the March 6, 2003 meeting were approved by a vote of 7-0.
RULEMAKINGS
R03-8
In the Matter of: Noise Rule Update: Amendments to 35 Ill. Adm.
Code 900 and 903 – The Board adopted a proposed second notice
opinion and order in this matter to amend the Board’s noise
pollution control regulations. The Board will accept comments for
45 days, until May 19, 2003.
7-0
R, Noise
R03-19
In the Matter of: Proposed Amendments to: Public Participation
Rules in 35 Ill. Adm. Code Part 309 NPDES Permits and
Permitting Procedures – No action taken.
R, Water
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
ADMINISTRATIVE CITATIONS
AC 03-24
IEPA v. Arrowhead Tree Removal, Inc. – The Board accepted an
administrative citation against this Jersey County respondent.
AC 03-25
IEPA v. Milton Hampton – The Board accepted an administrative
citation against this White County respondent.
AC 03-26
IEPA v. Larry Beam – The Board accepted an administrative
citation against this Henry County respondent.
AC 03-27
IEPA v. Vince Harvey – The Board accepted an administrative
citation against this Henry County respondent.
ADJUDICATORY CASES
Motions and Other Matters
PCB 99-134
People of the State of Illinois v. Peabody Coal Company – No
action taken.
W-E
PCB 00-103
People of the State of Illinois v. Mano Negra Wrecking Corporation
f/k/a Mano Negra Corporation and Fernando O. Zamora,
individually and as president of Mano Negra Corporation – The
Board granted respondent’s motion to modify the Board’s March 6,
2003 order to incorporate a $250 plan per month for the $5,000
civil penalty.
7-0
A-E
PCB 00-111
People of the State of Illinois v. R. Frietsch Company, 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 various facilities in Tazewell and
Peoria Counties, the Board ordered publication of the required
newspaper notice.
7-0
A-E
3
PCB 00-184
People of the State of Illinois v. Roderick Enterprises, 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.
7-0
A-E
PCB 01-90
Land and Lakes Company v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this underground
storage tank appeals involving a Cook County facility.
7-0
P-A,
Water
PCB 02-10
Rebecca Lawrence v. North Point Grade School c/o Unit District
Office – The Board granted respondent’s motion to dismiss in part,
dismissing without prejudice. The Board denied the request for
sanctions.
7-0
N-E
PCB 02-159
The Ensign Bickford Company v. IEPA – The Board denied
petitioner’s motion to transfer variance.
7-0
A-V
PCB 02-205
PCB 02-206
(Cons.)
Home Oil Company v. IEPA – The Board denied petitioner’s
motion for summary judgment and directed the parties to proceed to
hearing.
7-0
UST Fund
PCB 03-12
People of the State of Illinois v. Riverstone 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 LaSalle County facility, the
Board ordered publication of the required newspaper notice.
7-0
W-E
PCB 03-39
Mineral Solutions, Inc. v. IEPA – The Board denied respondent’s
motion to reconsider the Board’s January 23, 2003 opinion and
order, affirming the Agency permit denial.
7-0
P-A, Land
PCB 03-55
2222 Elston L.L.C. v. Purex Industries, Inc., Federal Die Casting
Co., Federal Chicago Corp., Raymond E. Cross, Beverly Bank
Trust No. 8-7611, and Lakeside Bank Trust Nos. 10-1087 & 10-
1343 – No action taken.
Citizens
UST-E
4
PCB 03-87
Main Station v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Macoupin County
facility.
7-0
UST
Appeal
PCB 03-88
R.W. Sheridan Oil Company, Inc. v. IEPA – The Board accepted
for hearing this underground storage tank appeal involving a
McLean County facility.
7-0
UST
Appeal
PCB 03-89
Wabash Valley Service Albion v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving an Edwards
County facility.
7-0
UST
Appeal
PCB 03-90
Chicago Fire Brick Company 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 Cook County facility.
7-0
UST Fund
PCB 03-91
Chicago Fire Brick Company 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 Cook County facility.
7-0
UST Fund
PCB 03-92
Ralph Johnson v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Christian County
facility.
7-0
UST Fund
PCB 03-93
Dean Schneidewind v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a St. Clair County
facility.
7-0
UST
Appeal
5
PCB 03-96
Martin E. & Kathy L. Geber v. Clayton Moushon and Carri Scharf
Trucking and Materials – No action taken.
Citizens
N-E
PCB 03-125
PCB 03-133
PCB 03-134
PCB 03-135
PCB 03-144
(Cons.)
City of Kankakee v. County of Kankakee, County Board of
Kankakee, and Waste Management of Illinois, Inc.; Merlin Karlock
v. County Board of Kankakee, County Board of Kankakee, and
Waste Management of Illinois, Inc.; Michael Watson v. County of
Kankakee, County Board of Kankakee, and Waste Management of
Illinois, Inc; Keith Runyon v. County of Kankakee, County Board
of Kankakee and Waste Management of Illinois, Inc.; Waste
Management of Illinois, Inc. v. County of Kankakee – Respondents
County Board of Kankakee and County of Kankakee’s motion for
extension of time and for leave to file reduced number of copies
was referred to the hearing officer for disposition. No action taken
was taken on the other pending motions.
P-C-F-S-R
PCB 03-153
People of the State of Illinois v. C&F Packing Company, Inc. – The
Board accepted for hearing this water enforcement action involving
a Lake County facility.
7-0
W-E
PCB 03-154
Rosignol Marathon 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 Wabash County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-155
Rosignol Marathon 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 McHenry County facility.
7-0
UST
Appeal
90-Day
Ext.
6
PCB 03-156
Swearingin Amoco 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 Jersey County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-157
Swearingin Amoco 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 Jersey County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-158
Swearingin Amoco 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 Jersey County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-159
Franklin T. Fowler and Franklin D. Fowler v. Remington Hybrid
Seed Company, Inc. – The Board held for a later
duplicative/frivolous determination this citizen’s air noise
enforcement action involving a Henry County facility.
Citizens
A, N-E
PCB 03-160
Wareco Service, Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Knox County facility.
7-0
UST
Appeal
PCB 03-161
Solid Waste Agency of Northern Cook County v. City of Des
Plaines, Illinois – No action taken.
P-C-F-S-R
7
PCB 03-162
Tasim Fejza 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 Jersey County facility.
7-0
UST
Appeal
90-Day
Ext.
PCB 03-163
Ameren Energy Generating Company (Selective Catalytic
Reduction System for Nox Emissions, Unit #2; Property Tax
Identification Number 04-000-172-00) v. IEPA – Upon receipt of
the Illinois Environmental Protection Agency’s recommendation,
the Board found and certified that specified facilities of Ameren
Energy Generating Company located in Montgomery County are
pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10
(2002)).
7-0
T-C
PCB 03-164
Ameren Energy Generating Company (Flue Gas Conditioning, SO3
System-Opacity Unit #1; Property Identification Number 83-11-24-
100-01) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Ameren Energy Generating
Company located in Jasper County are pollution control facilities
for the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2002)).
7-0
T-C
PCB 03-165
Ameren Energy Generating Company (Flue Gas Conditioning, SO3
System-Opacity Unit #2; Property Identification Number 83-11-24-
100-01) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Ameren Energy Generating
Company located in Jasper County are pollution control facilities
for the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2002)).
7-0
T-C
8
PCB 03-166
Ameren Energy Generating Company (Low NOx Burners, Unit #2;
Property Identification Number 83-11-24-1001-01) v. IEPA – Upon
receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Ameren Energy Generating Company located in Jasper
County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2002)).
7-0
T-C
PCB 03-167
Holland Energy, L.L.C. (Dry Low NOx Combustion System;
Property Identification Number 0825-16-00-300-003) v. IEPA –
Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Holland Energy, L.L.C. located in Shelby County are
pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10
(2002)).
7-0
T-C
PCB 03-168
Holland Energy, L.L.C. (Selective Catalytic Reduction System;
Property Identification Number 0825-16-00-300-003) v. IEPA –
Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Holland Energy, L.L.C. located in Shelby County are
pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10
(2002)).
7-0
T-C
PCB 03-169
Holland Energy, L.L.C. (General Electric Turbine; Property
Identification Number 0825-16-00-300-003) v. IEPA – Upon
receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Holland Energy, L.L.C. located in Shelby County are
pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10
(2002)).
7-0
T-C
9
PCB 03-170
Holland Energy, L.L.C. (Continuous Emissions Monitoring
System; Property Identification Number 0825-16-00-300-003) v.
IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Holland Energy, L.L.C. located in Shelby
County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2002)).
7-0
T-C
PCB 03-171
Dynegy Midwest Generation, Inc. (Refurbished Electrostatic
Precipitator Unit 1 & 2; Property Identification Number 01-27-100-
000) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Dynegy Midwest Generation,
Inc. located in Shelby County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2002)).
7-0
T-C
PCB 03-172
Dynegy Midwest Generation, Inc. (Refurbished Electrostatic
Precipitator Unit 1; Property Identification Number 17-20-300-006-
0080) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Dynegy Midwest Generation,
Inc. located in Vermilion County are pollution control facilities for
the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2002)).
7-0
T-C
PCB 03-173
Dynegy Midwest Generation, Inc. (Refurbished Electrostatic
Precipitator Unit 2; Property Identification Number 17-20-300-006-
0080) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Dynegy Midwest Generation,
Inc. located in Vermilion County are pollution control facilities for
the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2002)).
7-0
T-C
10
PCB 03-174
Dynegy Midwest Generation, Inc. (Electrostatic Precipitator Unit 5;
Property Identification Numbers 9-1-08-19-00-000-002, 9-1-08-19-
00-000-006, 19-1-08-20-00-000-010) v. IEPA – Upon receipt of the
Illinois Environmental Protection Agency’s recommendation, the
Board found and certified that specified facilities of Dynegy
Midwest Generation, Inc. located in Madison County are pollution
control facilities for the purpose of preferential tax treatment under
the Property Tax Code (35 ILCS 200/11-10 (2002)).
7-0
T-C
PCB 03-175
Dynegy Midwest Generation, Inc. (Refurbished Flue Gas
Conditioning SO3 System Unit 2; Property Identification Number
01-27-100-00) v. IEPA - Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Dynegy Midwest Generation,
Inc. located in Putnam County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2002)).
7-0
T-C
PCB 03-176
Dynegy Midwest Generation, Inc. (Refurbished Low NOx Burner
Unit 3/Separated Overfire Air System; Property Identification
Number 02-10-100-001) v. IEPA - Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Dynegy Midwest
Generation, Inc. located in Randolph County are pollution control
facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2002)).
7-0
T-C
PCB 03-177
Cady Oil Co. 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 Peoria County facility.
7-0
UST
Appeal
90-Day
Ext.
11
CASES PENDING DECISION
R02-21
In the Matter of: Petition of Central Illinois Light Company (E.D.
Edwards Generating Station) for a Site-Specific Air Regulation: 35
Ill. Adm. Code 214.561 – Proposed Rule, Second Notice, Opinion
and Order
R, Air
PCB 02-91
Rezmar Corporation v. IEPA (due 4/21)
UST
Appeal
ADJOURNMENT
Moved and seconded, by a vote of 7-0, Chairman Johnson adjourned the meeting at
11:50 a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on April 3, 2003 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
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