DECEMBER 15, 2005 CHICAGO OFFICE
100 W. Randolph Street
Conference Room 9-040
11:00 A.M.
ANNOUNCEMENTS
After calling the meeting to order, Chairman Girard 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 December 1, 2005 meeting were approved by a vote of 4-0.
RULEMAKINGS
R04-21
In the Matter of: Revisions to Radium Water Quality Standards:
Proposed New 35 Ill. Adm. Code 302.307 and Amendments to 35
Ill. Adm. Code 302.207 and 302.525 – The Board adopted a second
notice opinion and order in this rulemaking to amend the Board’s
water quality standards.
4-0
R, Water
R06-8
In the Matter of: Proposed Site-Specific Perlite Waste Disposal
Regulation Applicable to Silbrico Corporation (35 Ill. Adm. Code
Part 810) – The Board denied the Office of the Attorney General’s
motion to dismiss the proposal.
4-0
R, Land
ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
2
R06-12
In the Matter of: UST Update, USEPA Amendments (July 1, 2005
through December 31, 2005) – The Board reserved this docket for a
routine update, to make the Board rules “identical in substance” to
United States Environmental Protection Agency rules adopted
during the update period. The update period is July 1, 2005
through December 31, 2005.
R, Land
R06-13
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (July 1, 2005 through December 31, 2005) - The
Board reserved this docket for a routine update, to make the Board
rules “identical in substance” to United States Environmental
Protection Agency rules adopted during the update period. The
update period is July 1, 2005 through December 31, 2005.
R, Water
R06-14
In the Matter of: Definition of VOM Update, USEPA Amendments
(July 1, 2005 through December 31, 2005) - The Board reserved
this docket for a routine update, to make the Board rules “identical
in substance” to United States Environmental Protection Agency
rules adopted during the update period. The update period is July
1, 2005 through December 31, 2005.
R, Air
R06-15
In the Matter of: SDWA Update, USEPA Amendments (July 1,
2005 through December 31, 2005) - The Board reserved this docket
for a routine update, to make the Board rules “identical in
substance” to United States Environmental Protection Agency rules
adopted during the update period. The update period is July 1,
2005 through December 31, 2005.
R, PWS
R06-16
In the Matter of: UIC Update, USEPA Amendments (July 1, 2005
through December 31, 2005) - The Board reserved this docket for a
routine update, to make the Board rules “identical in substance” to
United States Environmental Protection Agency rules adopted
during the update period. The update period is July 1, 2005
through December 31, 2005.
R, Land
3
R06-17
In the Matter of: RCRA Subtitle D (Municipal Solid Waste
Landfill) Update, USEPA Amendments (July 1, 2005 through
December 31, 2005) - The Board reserved this docket for a routine
update, to make the Board rules “identical in substance” to United
States Environmental Protection Agency rules adopted during the
update period. The update period is July 1, 2005 through
December 31, 2005.
R, Land
R06-18
In the Matter of: RCRA Subtitle C (Hazardous Waste) Update,
USEPA Amendments (July 1, 2005 through December 31, 2005) -
The Board reserved this docket for a routine update, to make the
Board rules “identical in substance” to United States Environmental
Protection Agency rules adopted during the update period. The
update period is July 1, 2005 through December 31, 2005.
R, Land
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.
R, Land
A
DJUSTED STANDARDS
AS 05-7
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 – The Board denied this
request for an adjusted standard from the Board’s hazardous waste
regulations, finding petitioner did not provide the requested level of
justification.
4-0
Land
AS 06-1
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 –The Board accepted petitioner’s
amended petition for adjusted standard, and will decide the case
after receipt of any amended Illinois Environmental Protection
Agency recommendation or reply by petitioner.
4-0
Air
4
ADMINISTRATIVE CITATIONS
AC 06-14
County of Jackson v. Rocky Lee Morse – No action taken.
AC 06-15
IEPA v. Allen Noltensmeier – The Board granted complainant’s
motion for voluntary dismissal of this administrative citation due to
failure of timely service.
4-0
AC 06-18
IEPA v. Maurice L. Thompson Trust
– The Board accepted an
administrative citation against this Fulton County respondent.
AC 06-19
IEPA v. Maurice L. Thompson Trust - The Board accepted an
administrative citation against this Fulton County respondent.
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ADJUDICATORY CASES
Decisions
PCB 06-28
Midwest Petroleum Company v. IEPA – The Board affirmed the
July 18, 2005 determination of the Illinois Environmental
Protection Agency rejecting petitioner’s amended corrective action
plan budget.
4-0
UST
Appeal
Motions and Other Matters
PCB 03-22
People of the State of Illinois v. Saint-Gobain Containers, Inc.
–
The Board granted complainant’s motion to stay this air
enforcement action concerning a Logan County facility.
4-0
A-E
5
PCB 03-54
PCB 03-56
PCB 03-105
PCB 03-179
PCB 04-2
(cons.)
Freedom Oil Company v. IEPA – No action taken.
UST
Appeal
PCB 03-191
People of the State of Illinois v. Community Landfill Company,
Inc. and the City of Morris – No action taken.
L-E
PCB 04-7
People of the State of Illinois v. 4832 S. Vincennes, L.P. and
Batteast Construction Company, Inc. – No action taken.
A-E
PCB 04-106
People of the State of Illinois v. Thomas Gray, an individual, Steve
Whyte, an individual, Gladys Whyte, an individual – The Board
granted complainant’s motion to voluntarily dismiss respondents
Steve Whyte and Gladys Whyte from this land enforcement action
concerning a Kankakee County facility.
4-0
L-E
PCB 04-185
Midwest Generation EME, L.L.C. v. IEPA – No action taken.
T-S
Appeal
PCB 04-215
Commonwealth Edison Company v. IEPA – No action taken.
T-S
Appeal
PCB 04-216
Midwest Generation EME, L.L.C. v. IEPA
– No action taken.
T-S
Appeal
PCB 05-49
Morton F. Dorothy v. Flex-N-Gate Corporation
– No action taken.
A&L-E
PCB 05-139
People of the State of Illinois v. Bath Incorporated
– No action
taken.
L-E
6
PCB 05-154
McLean County Asphalt v. IEPA – No action taken.
UST
Appeal
PCB 05-157
Grand Pier Center L.LC. American International Specialty Lines
Insurance Co. as subrogee of Grand Pier Center L.L.C. v. River
East L.L.C., Chicago Dock and Canal Trust, Chicago Dock and
Canal Company, and Tronox L.L.C. (f/k/a Kerr-McGee Chemical
L.L.C.) – No action taken.
Citizens
L-E
PCB 05-193
Vernon and Elaine Zohfeld v. Robert Drake, Wabash Valley
Service Company, Michael J. Pfister, Noah D. Horton and Steve
Kinder – No action taken.
Citizens
A-E
PCB 06-11
Silbrico Corporation v. IEPA – No action taken.
L-V
PCB 06-25
William Breuer v. IEPA – No action taken.
UST
Appeal
PCB 06-32
Beverly Bank 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.
4-0
UST
Appeal
PCB 06-34
Ramsey C.U.S.D. #204 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 Fayette County facility.
4-0
UST
Appeal
PCB 06-36
People of the State of Illinois v. Magellan Pipeline Company, L.P.
– Upon receipt of a proposed stipulation and settlement agreement
and an agreed motion to request relief from the hearing requirement
in this land enforcement action involving a Lee County facility, the
Board ordered publication of the required newspaper notice.
4-0
L-E
7
PCB 06-38
Downtown Shell (Greenville) v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a Bond
County facility.
4-0
UST
Appeal
PCB 06-50
E&L Trucking Company v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a Cook
County facility.
4-0
UST
Appeal
PCB 06-53
C&F Packing Company, Inc. v. IEPA and Lake County – No action
taken.
W-V
PCB 06-54
People of the State of Illinois v. Webb AG, Inc. – The Board
granted complainant’s motion for voluntary dismissal of Count II.
4-0
L-E
PCB 06-55
Soyland Power Cooperative, Inc. v. IEPA – No action taken.
P-A, Air
PCB 06-56
Midwest Generation, L.L.C., Crawford Generating Station v. IEPA
– No action taken.
P-A, Air
PCB 06-57
Midwest Generation, L.L.C., Fisk Generating Station v. IEPA – No
action taken.
P-A, Air
PCB 06-58
Midwest Generation, L.L.C., Joliet Generating Station v. IEPA –
No action taken.
P-A, Air
PCB 06-59
Midwest Generation, L.L.C., Powerton Generating Station v. IEPA
– No action taken.
P-A, Air
8
PCB 06-60
Midwest Generation, L.L.C., Will County Generating Station v.
IEPA – No action taken.
P-A, Air
PCB 06-61
Southern Illinois Power Cooperative v. IEPA – No action taken.
P-A, Air
PCB 06-62
Kincaid Generation, L.L.C. v. IEPA – No action taken.
P-A, Air
PCB 06-63
Dynegy Midwest Generation, Inc. (Baldwin Energy Complex) v.
IEPA – No action taken.
P-A, Air
PCB 06-64
Ameren Energy Generating Company, Coffeen Power Station v.
IEPA – No action taken.
P-A, Air
PCB 06-65
Electric Energy, Incorporated v. IEPA – No action taken.
P-A, Air
PCB 06-66
AmerenEnergy Resources Generating Company, Duck Creek
Power Station v. IEPA – No action taken.
P-A, Air
PCB 06-67
AmerenEnergy Resources Generating Company, Edwards Power
Station v. IEPA – No action taken.
P-A, Air
PCB 06-68
Ameren Energy Generating Company, Newton Power Station v.
IEPA – No action taken.
P-A, Air
9
PCB 06-69
Ameren Energy Generating Company, Meredosia Power Station v.
IEPA – No action taken.
P-A, Air
PCB 06-70
Ameren Energy Generating Company, Hutsonville Power Station v.
IEPA – No action taken.
P-A, Air
PCB 06-71
Dynegy Midwest Generation, Inc. (Havana Power Station) v. IEPA
– No action taken.
P-A, Air
PCB 06-72
Dynegy Midwest Generation, Inc. (Hennepin Power Station) v.
IEPA – No action taken.
P-A, Air
PCB 06-73
Dynegy Midwest Generation, Inc. (Vermilion Power Station) v.
IEPA – No action taken.
P-A, Air
PCB 06-74
Dynegy Midwest Generation, Inc. (Wood River Power Station) v.
IEPA – No action taken.
P-A, Air
PCB 06-75
The City of Springfield v. IEPA
– No action taken.
P-A, Air
PCB 06-82
People of the State of Illinois v. Barger Engineering, Inc.
– The
Board accepted for hearing this water enforcement action involving
crude oil and salt water release at a site located in White County.
4-0
W-E
10
PCB 06-83
People of the State of Illinois v. Levi A. Kaufman – The Board
accepted for hearing this land enforcement action involving a site
located in Coles County.
4-0
L-E
PCB 06-84
Cowden Oil 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 Shelby County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 06-85
Prosise Oil Company (Incident #922355) 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 Jefferson County
facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 06-86
Prosise Oil Company (Incident #982486) 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 Jefferson County
facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 06-87
Wayne & Dennis Swanson 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.
4-0
UST
Appeal
90-Day
Ext.
PCB 06-88
Biggs Brothers Service Center 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 St. Clair County facility.
4-0
UST
Appeal
90-Day
Ext.
11
PCB 06-89
Maryville Voice Newspaper Company 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 Madison County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 06-90
People of the State of Illinois v. Village of Volo and Smith
Engineering Consultants, Inc. – The Board accepted for hearing this
public water supply enforcement action involving a site located in
Lake County.
4-0
PWS-E
CASES PENDING DECISION
R04-22(B)
R04-23(B)
(cons.)
In the Matter of: Proposed Amendments to Regulation of
Petroleum Leaking Underground Storage Tanks (35 Ill. Adm. Code
732); In the Matter of: Regulation of Petroleum Leaking
Underground Storage Tanks (Proposed New 35 Ill. Adm. Code
734) – Proposed Rule, Proposal for Public Comment, Opinion and
Order
R, Land
R06-5
R06-6
R06-7
(cons.)
In the Matter of: UIC Corrections, USEPA Amendments (January
1, 2005 through June 30, 2005); RCRA Subtitle D Update, USEPA
Amendments (January 1, 2005 through June 30, 2005 and August
1, 2005); RCRA Subtitle C Update, USEPA Amendments (January
1, 2005 through June 30, 2005 and August 1, 2005) – Adopted
Rule, Final Order, Opinion and Order
R, Land
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OTHER ITEMS
12
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:25
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on January 5, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
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