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

In the Matter of: Petition of SCA Tissue North America, L.L

ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

November 18, 2004 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

After calling the meeting to order, Chairman

Novak welcomed members of the public and staff.

ROLL CALL

The Clerk of the Board called the roll.

All Board Members answered present.

APPROVAL OF MINUTES

Minutes of the November 4, 2004 meeting were approved by a vote of 5-0.

RULEMAKINGS

R05-9

In the Matter of: Setback Zone for City of Marquette Heights

Community Water Supply, New 35 Ill. Adm. Code 618

– No action

taken.

R, PWS

R05-10

In the Matter of: Bacteria (E-Coli) Water Quality Standard for

Lake Michigan and Mississippi River, Proposed Amendments to 35

Ill. Adm. Code 302 and 303 – No action taken.

R, Water

ADJUSTED STANDARDS

AS 05-1

In the Matter of: Petition of SCA Tissue North America, L.L.C. for

an Adjusted Standard from 35 Ill. Adm. Code 218.301 and

218.302(c) – No action taken.

Air

ADMINISTRATIVE CITATIONS

AC 05-29

IEPA v. Charles L. Riggins – The Board accepted for hearing this

petition for review of an administrative citation against this Mason

County respondent.

5-0

AC 05-30

IEPA v. Doug and Theresa Christison – The Board found that these

Pike County respondents violated Section 21(p)(1) of the

Environmental Protection Act (415 ILCS 5/21(p)(1) (2002)), and

ordered respondent to pay a civil penalty of $1,500

5-0

AC 05-35

IEPA v. Knox County Landfill Committee and Greg Ingle – The

Board accepted an administrative citation against these Knox

County respondents.

AC 05-36

County of Sangamon v. Leland Cole - The Board accepted an

administrative citation against this Sangamon County respondent.

ADJUDICATORY CASES

Motions and Other Matters

PCB 97-2

People of the State of Illinois v. Jersey Sanitation Corporation – No

action taken.

L&W-E

PCB 00-104

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

Farms, Inc. a/k/a Murphy Family Farms, and Bion Technologies,

Inc. – No action taken.

A-E

PCB 01-102

Cassen and Sons, Inc. v. IEPA – The Board denied petitioner’s

motion for summary judgment. The Board granted respondent’s

motion for summary judgment, affirming the November 29, 2000

decision denying reimbursement.

5-0

UST

Appeal

PCB 02-104

Metropolitan Water Reclamation District of Greater Chicago v.

IEPA – The Board granted petitioner’s motion for voluntary

dismissal of this permit appeal involving a Cook County facility.

5-0

P-A,

NPDES

PCB 04-48

Village of Robbins and Allied Waste Transportation, Inc. v. IEPA –

The Board denied the Village of Robbins’ motion to reconsider its

September 16, 2004 Board Order.

5-0

P-A, Land

PCB 04-81

People of the State of Illinois v. Emmett Utilities, Inc. and Russell

D. Thorell, individually and as president of Emmett Utilities, Inc. –

The Board granted complainant’s motion for voluntary dismissal of

this public water supply enforcement action involving a

McDonough County facility.

5-0

PWS-E

PCB 04-155

Elston/Webster, L.P. and Renaissance Realty Group L.L.C. v. IEPA

– The Board granted petitioners’ motion for voluntary dismissal of

this underground storage tank appeal involving a Cook County

PCB 04-183

PCB 04-190

(not cons.)

Johnson Oil Company v. IEPA – No action taken.

UST

Appeal

PCB 04-215

PCB 04-216

(not cons.)

Commonwealth Edison Company v. IEPA

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

T-S

Appeal

PCB 05-17

Union County Oil Company v. IEPA – Having previously granted a

5-0

request for a 90-day extension, the Board dismissed this matter

because no underground storage tank appeal was filed on behalf of

this Union County facility.

UST

Appeal

PCB 05-18

Ted Harrison Oil 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 Cass County facility.

5-0

UST

Appeal

PCB 05-19

Hall’s Automotive (SICR) 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 Hardin County facility.

5-0

UST

Appeal

PCB 05-20

Hall’s Automotive (SIPB) 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 Hardin County facility.

5-0

UST

Appeal

PCB 05-21

Randy’s Shell v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Piatt County facility.

5-0

UST

Appeal

PCB 05-22

L. Keller Oil Properties, Inc. (Downtown Shell) v. IEPA – The

Board accepted for hearing this underground storage tank appeal

involving an Effingham County facility.

5-0

UST

Appeal

PCB 05-23

Keller Oil (Edgewood) 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 Effingham County facility.

5-0

UST

Appeal

PCB 05-24

Premcor Refining Group, Inc. (Streator) 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 LaSalle County facility.

5-0

UST

Appeal

PCB 05-25

Premcor Refining Group, Inc. 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 Tazewell County facility.

5-0

UST

Appeal

PCB 05-29

Mather Investment Properties, L.L.C. v. Illinois State Trapshooters

Association, Inc. – No action taken.

Citizens

Land-E

PCB 05-49

Morton F. Dorothy v. Flex-N-Gate Corporation – The Board denied

complainant’s motion to accept the complaint for hearing and

granted complainant’s motion to his withdraw motion to join the

Illinois Environmental Protection Agency as Party in Interest. The

Board reserved ruling on the motion for expedited discovery

pending the resolution of respondent’s motion to dismiss the

complaint.

5-0

A&L-E

PCB 05-51

People of the State of Illinois v. Randy Oldenberger d/b/a

Environmental Health & Safety – No action taken.

A-E

PCB 05-54

Rock Road Companies, Inc. v. IEPA – No action taken.

P-A, Air

PCB 05-74

Hartford Working Group v. IEPA

–

The Board granted petitioner’s

motion to stay effectiveness of the contested CAAPP Permit

condition pending decision of this appeal.

5-0

P-A, Air

PCB 05-78

People of the State of Illinois v. Ralph Stone, Mayor of the Village

of Gorham – The Board accepted for hearing this air enforcement

action involving a site located in Jackson County.

5-0

A-E

PCB 05-79

Geneseo Pork, Inc. (Property Identification Number 09-03-200-

001-0011) v. IEPA – Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and

certified that specified facilities of Geneseo Pork, Inc. located in

Henry County are pollution control facilities for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2002)).

5-0

T-C

PCB 05-80

McLean Properties, L.L.C. (Property Identification Number 16-27-

34-200-003) v. IEPA – Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and

certified that specified facilities of McLean Properties, L.L.C.

located in McLean County are pollution control facilities for the

purpose of preferential tax treatment under the Property Tax Code

(35 ILCS 200/11-10 (2002)).

5-0

T-C

PCB 05-81

Kathryn Bradley and Brian Bradley (Property Identification

Number 06-022-007-00) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Kathryn Bradley and

Brian Bradley located in Brown County are pollution control

facilities for the purpose of preferential tax treatment under the

Property Tax Code (35 ILCS 200/11-10 (2002)).

5-0

T-C

PCB 05-82

Bradley Mobil 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 Kane County facility.

PCB 05-83

Bowman Oil Company v. IEPA – The Board accepted for hearing

this underground storage tank appeal involving a Franklin County

PCB 05-84

Gateway FS, Inc. 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 Randolph County facility.

PCB 05-85

Citgo Petroleum Corporation and PDV Midwest Refining, L.L.C. v.

IEPA – The Board accepted for hearing this petition requesting a

variance involving a Will County facility.

5-0

W-V

PCB 05-86

People of the State of Illinois v. Fairacres Subdivision Association

– The Board accepted for hearing this public water supply

enforcement action involving a site located in Rock Island County.

5-0

PWS-E

PCB 05-87

Johnathan Troyer (Property Identification Number 10-0-0044-000-

00) v. IEPA - Upon receipt of the Illinois Environmental Protection

Agency’s recommendation, the Board found and certified that

specified facilities of Jonathan Troyer located in Adams County are

pollution control facilities for the purpose of preferential tax

treatment under the Property Tax Code (35 ILCS 200/11-10

(2002)).

5-0

T-C

PCB 05-88

For C Pork Farm (Property Identification Number 14-F1-36-35-

100-001) v. IEPA - Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and

certified that specified facilities of For C Pork Farm located in

Iroquois County are pollution control facilities for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2002)).

5-0

T-C

PCB 05-89

People of the State of Illinois v. Redfearn Earthmoving, Inc. – The

Board accepted for hearing this water enforcement action involving

a site located in Jo Daviess County.

5-0

W-E

PCB 05-90

Harper Oil Company v. IEPA – The Board accepted for hearing this

public water supply enforcement action involving a site located in

PCB 05-91

People of the State of Illinois v. Clean Harbors Services, Inc. – The

Board accepted for hearing this air enforcement action involving a

site located in Cook County.

5-0

A-E

PCB 05-92

People of the State of Illinois v. Specialty Promotions, Inc. d/b/a

Specialty Printing Company – The Board accepted for hearing this

air enforcement action involving a site located in Cook County.

5-0

A-E

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 held for a later

duplicative/frivolous determination this citizens’ noise enforcement

action involving a DuPage County facility.

Citizens

N-E

CASES PENDING DECISION

R04-24

In the Matter of: Amendments to the Board’s Procedural Rules to

Accommodate New Statutory Provisions: 35 Ill. Adm. Code 101-

130 – Proposed Rule, Second Notice, Opinion and Order

R, Proc.

Rules

OTHER ITEMS

ADJOURNMENT

Moved and seconded, by a vote of 5-0, Chairman Novak adjourned the meeting at 11:30

a.m.

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

approved the above minutes on December 2, 2004, by a vote of 5-0.