ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
DECEMBER 1, 2005 CHICAGO OFFICE
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, G. Tanner Girard announced that he would conduct the
meeting having been named Acting Chairman by the Governor following the retirement of J.
Philip Novak. Chairman Girard then 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 17, 2005 meeting were approved by a vote of 3-0; Member Moore
abstained.
RULEMAKINGS
R04-22
R04-23
(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) – The Board adopted a second notice opinion and order in this
rulemaking to amend the Board’s land pollution control regulations.
4-0
R, Land
R06-8
In the Matter of: Proposed Site-Specific Perlite Waste Disposal
Regulation Applicable to Silbrico Corporation (35 Ill. Adm. Code
Part 810) – No action taken.
R, Land
R06-11
In the Matter of: Proposal of Vaughan & Bushnell Manufacturing
Company of Amendment to a Site Specific Rule 35 Ill. Adm. Code
901.121 – The Board accepted for hearing petitioner’s October 20,
2005 proposal to amend the Board’s noise pollution control
regulations. The Board granted petitioner’s motion to waive
requirement to submit 200 signature. The Board also requested that
petitioner address the “published study or report” requirement of
Section 102.210(c). 35 Ill. Adm. Code 102.210(c). S
ee also
35 Ill.
Adm. Code 102.202(k), as directed by the hearing officer.
4-0
R, Noise
R06-19
In the Matter of: Clean Construction or Demolition Debris Fill
Operations Under P.A. 94-272 (35 Ill. Adm. Code Part 1100) – The
Board accepted for hearing Illinois Environmental Protection
Agency’s November 11, 2005 proposal to amend the Board’s land
pollution control regulations. The Board granted petitioner’s
motion to waive requirement to submit copies of material
incorporated by reference as required by 35 Ill. Adm. Code
102.202(d). The Board also requested that petitioner address the
“published study or report” requirement of Section 102.210(c). 35
Ill. Adm. Code 102.210(c). S
ee also
35 Ill. Adm. Code 102.202(k),
as directed by the hearing officer.
4-0
R, Land
ADJUSTED STANDARDS
None
2
ADMINISTRATIVE CITATIONS
AC 05-20
IEPA v. John Groff – The Board entered a final opinion and order
requiring respondent to pay
hearing costs of the Illinois
Environmental Protection Agency and the Board in the amount of
$271.70 and a civil penalty of $4,500. This order follows the
Board's interim order of June 16. 2005, which found that this
respondent had violated Sections 21(p)(1), (3) and (7) of the
Environmental Protection Act. (415 ILCS 5/21(p)(1), (3), and (7)
(2004)).
4-0
AC 05-80
County of Kankakee v. South Holland Trust #10897 and John &
Ella Hall – The Board grants the complainant’s motion to strike
John R. Hall, Jr.’s July 27, 2005 letter, previously construed as a
timely filed petition for review, dismissed the petition for review.
The Board found John and Ella Hall violated Section 21(p)(1) and
(p)(3) of the Act (415 ILCS 5/21(p)(1), (p)(3) (2004)). The Board
ordered respondents to pay a civil penalty of $3,000 unless South
Holland Trust and Saving had done so under the Board’s August
18, 2005 order
.
4-0
AC 06-13
IEPA v. Lyndell Heinzmann – The Board accepted for hearing this
petition for review of an administrative citation against this Marion
County respondent.
4-0
ADJUDICATORY CASES
Decisions
None
Motions and Other Matters
PCB 03-22
People of the State of Illinois v. Saint-Gobain Containers, Inc. – No
action taken.
A-E
3
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 04-185
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 05-73
City of Sullivan v. IEPA – The Board granted petitioner’s motion
for voluntary dismissal of this underground storage tank appeal
involving a Moultrie County facility.
4-0
UST
Appeal
PCB 05-139
People of the State of Illinois v. Bath Incorporated – No action
taken.
L-E
4
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.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.
Citizens
L-E
PCB 05-192
People of the State of Illinois v. Bag Makers, 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 McHenry County facility, the Board
ordered publication of the required newspaper notice.
4-0
A-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 05-214
People of the State of Illinois v. Barry Hayden d/b/a Hayden
Properties – 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 St. Clair
County facility, the Board ordered publication of the required
newspaper notice.
4-0
W-E
PCB 06-11
Silbrico Corporation v. IEPA – No action taken.
Johnson
L-V
PCB 06-26
Telzrow Oil Company v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Jersey County
facility.
4-0
UST
Appeal
PCB 06-53
C&F Packing Company, Inc. v. IEPA and Lake County – No action
taken.
W-V
5
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
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
6
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
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 06-78
People of the State of Illinois v. North American Lighting, Inc. –
The Board accepted for hearing this air and water enforcement
action involving a site located in Clay County.
4-0
A&W-E
PCB 06-79
People of the State of Illinois v. City of Gillespie – The Board
accepted for hearing this water enforcement action involving a site
located in Macoupin County.
4-0
W-E
7
PCB 06-80
People of the State of Illinois v. Fulford Construction, Inc. – The
Board accepted for hearing this water enforcement action involving
a site located in St. Clair County.
4-0
W-E
PCB 06-81
People of the State of Illinois v. Briggs, Industries, Inc. – The
Board accepted for hearing this air and water enforcement action
involving a site located in Crawford County.
4-0
L&W-E
CASES PENDING DECISION
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 – Proposed Rule, Second
Notice, Opinion and Order
R, Water
PCB 06-28
Midwest Petroleum Company v. IEPA (due 12/15)
UST
Appeal
OTHER ITEMS
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:45
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on December 15, 2005, by a vote of 4-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
8
