JANUARY 5. 2006 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
Chairman Girard welcomed members of the public and staff. (The audio connection between the
Springfield and Chicago sites was of good quality throughout the meeting, but the video
connection could not be established due to technical difficulties.)
ROLL CALL
The Clerk of the Board called the roll.
All Board Members answered present.
APPROVAL OF MINUTES
Minutes of the December 15, 2005 meeting were approved by a vote of 4-0.
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
RULEMAKINGS
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) – The Board proposed for public comment language
establishing a scope of work for activities associated with
professional consulting services in the remediation of UST sites in
Illinois. The Board invites comments on all portions of the proposal
for public comments. In addition the Board directed the hearing
officer to expeditiously schedule a least one additional hearing in
this proceeding.
4-0
R, Land
R05-19
In the Matter of: Proposed Amendments to Exemptions From State
Permitting Requirements (35 Ill. Adm. Code 201.146) – The Board
adopted a second notice opinion and order in this rulemaking to
amend the Board’s air quality standards regulations.
4-0
R, Air
R05-20
In the Matter of: Proposed Amendments to Exemptions from State
Permitting Requirements for Plastic Injection Molding Operations
(35 Ill. Adm. Code 201.146) – The Board adopted a second notice
opinion and order in this rulemaking to amend the Board’s air
quality standards regulations.
4-0
R, Air
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) – The Board
adopted a final opinion and order in this consolidated “identical-in-
substance” rulemaking which amends the Board’s underground
injection control, municipal solid waste landfill, and hazardous
waste regulations.
4-0
R, Land
3
R06-20
In the Matter of: Proposed Amendments to the Board’s Special
Waste Regulations Concerning Used Oil, 35 Ill. Adm. Code
808.809 – The Board accepted for hearing petitioner’s December
13, 2005 proposal to amend the Board’s land pollution control
regulations. The Board granted petitioner’s motion to waive
requirement to submit 200 signatures. The Board also requested
that petitioner address the deficiencies noted in the order in writing
prior to any hearing scheduled in this proceeding at such time as
directed by the hearing officer.
4-0
R, Land
R06-21
In the Matter of: Organic Material Emissions Standards and
Limitations for the Chicago and Metro-East Areas: Proposed
Amendments to 35 Adm. Code 218 and 219 – No action taken.
R, Air
ADJUSTED STANDARDS
None
ADMINISTRATIVE CITATIONS
AC 06-14
County of Jackson v. Rocky Lee Morse – The Board dismissed
respondent’s petition for review, finding it untimely filed. The
Board found that this Jackson County respondent violated Sections
21(p)(1), (p)(3) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3),
(p)(7) (2004)), and ordered respondent to pay a civil penalty of
$4,500
.
4-0
AC 06-16
IEPA v. Rex D. Evans and Roy W. Evans, Jr. – The Board accepted
respondents’ petition for review and granted the motion to
consolidate this administrative citation involving a Morgan County
facility with AC 06-17. The Board denied the request to dismiss
the alleged violations or consolidate the alleged violations into
one
administrative citation.
4-0
4
AC 06-17
IEPA v. Rex D. Evans and Roy W. Evans, Jr. – The Board accepted
respondents’ petition for review and granted the motion to
consolidate this administrative citation involving a Morgan County
facility with AC 06-16. The Board denied the request to dismiss
the alleged violations or consolidate the alleged violations into
one
administrative citation.
4-0
ADJUDICATORY CASES
Decisions
PCB 04-192
People of the State of Illinois v. Smithfield Properties, L.L.C.,
Wooton Construction, Ltd., and Chicago Sun-Times, Inc. – No
action taken.
L&W-E
PCB 05-99
People of the State of Illinois v. James Zeller, Thomas Zeller, and
Matthew Short – In this air and land enforcement action concerning
a Williamson 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 respondents to pay a
total civil penalty of $7,500, and to cease and desist from further
violations.
4-0
A&L-E
PCB 05-103
People of the State of Illinois v. Marc Realty, Inc. and 55 E.
Jackson L.L.C. – 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 respondents to pay a total
civil penalty of $15,000, and to cease and desist from further
violations.
4-0
A-E
5
PCB 05-192
People of the State of Illinois v. Bag Makers, Inc. – In this air
enforcement action concerning a McHenry 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 $62,700, and
to cease and desist from further violations.
4-0
A-E
PCB 05-214
People of the State of Illinois v. Barry Hayden d/b/a Hayden
Properties – In this water 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 $3,500, and to cease and desist from further
violations.
4-0
W-E
PCB 06-44
People of the State of Illinois v. Weis Builders, Inc. – In this public
water supply enforcement action concerning a Will 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 $10,000, and
to cease and desist from further violations.
4-0
PWS-E
Motions and Other Matters
PCB 02-206
Home Oil Company v. IEPA – The Board granted this St. Clair
County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
4-0
UST
Appeal
6
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. – Upon receipt of a proposed
stipulation and settlement agreement between complainant and
Batteast Construction Company, Inc. only, 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. No action was taken
on complainant’s motion for summary judgment against 4832
S.Vincennes L.P. filed October 17, 2005.
4-0
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
7
PCB 05-66
People of the State of Illinois v. Petco Petroleum Corporation –
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 Fayette County
facility, the Board ordered publication of the required newspaper
notice.
4-0
W-E
PCB 05-139
People of the State of Illinois v. Bath Incorporated – No action
taken.
L-E
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.) – The Board granted the motion of counter-complainant
Tronox L.L.C. (f/k/a Kerr-McGee Chemical L.L.C.) (Kerr McGee)
to withdraw certain affirmative defenses. The Board denied Kerr
McGee’s motion to strike affirmative defenses, in part and granted
the motion in part, striking the seventh and eighth alleged
affirmative defenses. The Board also denied complainant Grand
Pier Center L.LC.’s motion to strike affirmative defenses. The
Board found that the pleading contained sufficient specificity to
allow the parties to proceed with the remaining affirmative defenses
as alleged. The Board also granted Kerr McGee’s motion to
dismiss the counterclaim as the counterclaim seeks relief pursuant
to the Contribution Act and the Board is not authorized to grant
such relief.
4-0
Citizens
L-E
PCB 05-181
People of the State of Illinois v. Pattison Associates LLC, an
Illinois limited liability company, and 5701 South Calumet LLC, an
Illinois limited liability company – No action taken.
A-E
PCB 05-182
U.S. Mineral, L.L.C. v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this permit appeal involving a
Montgomery County facility.
4-0
P-A, Air
8
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 05-215
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 between complainant and Village of Cherry
Valley only, 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.
4-0
PWS-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 06-37
Illinois State Toll Highway Authority (Lincoln Oasis) – The Board
accepted for hearing this underground storage tank appeal
involving a Cook County facility.
4-0
UST
Appeal
PCB 06-39
Dalee Oil Company (Okawville)(SCCR) 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 Washington County facility.
4-0
UST
Appeal
PCB 06-40
Dalee Oil Company (Okawville) (SCWP/B) v. IEPA – The Board
accepted for hearing this underground storage tank appeal
involving a Washington County facility.
4-0
UST
Appeal
PCB 06-51
People of the State of Illinois v. CSX Transportation, Inc. – No
action taken.
A, L&W
9
PCB 06-53
C&F Packing Company, Inc. v. IEPA and Lake County – No action
taken.
W-V
PCB 06-55
Soyland Power Cooperative, Inc. v. IEPA – The Board granted
petitioner’s motion to stay the effectiveness of the provisions and
conditions appealed in the Clean Air Act Permit Program permit.
4-0
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
10
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
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
11
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. – No
action taken.
W-E
PCB 06-91
Basic Wire & Cable Co. v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Cook County
facility.
4-0
UST
Appeal
PCB 06-92
Marathon Ashland Petroleum, L.L.C., (Tank Seals) (Property
Identification No. 51-34-1-21 or portion thereof) v. IEPA – Upon
receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Marathon Ashland Petroleum, L.L.C. located in
Crawford County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
4-0
T-C
PCB 06-93
Marathon Ashland Petroleum, L.L.C. (Ultraformer Vent Gas
Scrubber) (Property Identification No. 51-34-1-21 or portion
thereof) v. IEPA - Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Marathon Ashland Petroleum,
L.L.C. located in Crawford County are pollution control facilities
for the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2004)).
4-0
T-C
12
PCB 06-94
Marathon Ashland Petroleum, L.L.C. (DHT – Coker Naptha
Project)) (Property Identification No. 51-34-1-21 or portion
thereof) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Marathon Ashland Petroleum,
L.L.C. located in Crawford County are pollution control facilities
for the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2004)).
4-0
T-C
PCB 06-95
Marathon Ashland Petroleum, L.L.C. (Low NOx) (Property
Identification No. 51-34-1-21 or portion thereof) v. IEPA – Upon
receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Marathon Ashland Petroleum, L.L.C. located in
Crawford County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
4-0
T-C
PCB 06-96
Marathon Ashland Petroleum, L.L.C. (Cooling Tower Drift
Eliminators) (Property Identification No. 51-34-1-21 or portion
thereof) v. IEPA - Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Marathon Ashland Petroleum,
L.L.C. located in Crawford County are pollution control facilities
for the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2004)).
4-0
T-C
PCB 06-97
Marathon Ashland Petroleum, L.L.C. (Storage Tank Emission
Reduction Project) (Property Identification No. 51-34-1-21 or
portion thereof) v. IEPA - Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Marathon Ashland
Petroleum, L.L.C. located in Crawford County are pollution control
facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2004)).
4-0
T-C
13
PCB 06-98
Marathon Ashland Petroleum, L.L.C. (Platformer Net Hyrdogen
Scrubber) (Property Identification No. 51-34-1-21 or portion
thereof) v. IEPA - Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Marathon Ashland Petroleum,
L.L.C. located in Crawford County are pollution control facilities
for the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2004)).
4-0
T-C
PCB 06-99
Marathon Ashland Petroleum, L.L.C. (Mosc Tank) (Property
Identification No. 51-34-1-21 or portion thereof) v. IEPA - Upon
receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Marathon Ashland Petroleum, L.L.C. located in
Crawford County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
4-0
T-C
PCB 06-100
Marathon Ashland Petroleum, L.L.C. (Pump Enhancements – Leak
Detection and Repair) (Property Identification No. 51-34-1-21 or
portion thereof) v. IEPA - Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Marathon Ashland
Petroleum, L.L.C. located in Crawford County are pollution control
facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2004)).
4-0
T-C
PCB 06-101
Marathon Ashland Petroleum, L.L.C. (Slop Oil Combustor (84F-
7)) (Property Identification No. 51-34-1-21 or portion thereof) v.
IEPA - Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Marathon Ashland Petroleum, L.L.C. located
in Crawford County are pollution control facilities for the purpose
of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
4-0
T-C
PCB 06-102
Marathon Ashland Petroleum, L.L.C. (Selective Catalytic
Reduction Unit) (Property Identification No. 51-34-1-21 or portion
thereof) v. IEPA - No action taken.
T-C
14
PCB 06-103
People of the State of Illinois v. First Rockford Group, Inc. – The
Board accepted for hearing this land enforcement action involving
a site located in Winnebago County.
4-0
L-E
PCB 06-104
People of the State of Illinois v. Moore Painting, an Illinois
corporation, and Illinois-American Water Company, an Illinois
corporation – The Board accepted for hearing this air, land and
water enforcement action involving a site located in Madison
County.
4-0
A, L, W-E
PCB 06-105
People of the State of Illinois v. Paul Monnier – The Board
accepted for hearing this water enforcement action involving a site
located in Hancock County.
4-0
W-E
PCB 06-106
Marathon Ashland Petroleum, L.LC. (Floating Roof Tank No.
809)( Property Identification No. 51-34-21 or portion thereof) v.
IEPA - Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Marathon Ashland Petroleum, L.L.C. located
in Crawford County are pollution control facilities for the purpose
of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
4-0
T-C
PCB 06-107
Marathon Ashland Petroleum, L.L.C. (Amine Unit No. 2) (Property
Identification No. 51-34-1-21 or portion thereof) v. IEPA - Upon
receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Marathon Ashland Petroleum, L.L.C. located in
Crawford County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
4-0
T-C
15
PCB 06-108
Marathon Ashland Petroleum, L.L.C. (LPG Merox Unit) (Property
Identification No. 51-34-1-21 or portion thereof) v. IEPA - Upon
receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Marathon Ashland Petroleum, L.L.C. located in
Crawford County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
4-0
T-C
PCB 06-109
Marathon Ashland Petroleum, L.L.C. (Low Temperature Thermal
Desorption Process) (Property Identification Number 51-34-1-21 or
portion thereof) v. IEPA - Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Marathon Ashland
Petroleum, L.L.C. located in Crawford County are pollution control
facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2004)).
4-0
T-C
PCB 06-110
Marathon Ashland Petroleum, L.L.C. (Wastewater Treatment Plant
and Benzene NESHAP Air Controls) (Property Identification No.
51-34-1-21 or portion thereof) v. IEPA - Upon receipt of the
Illinois Environmental Protection Agency’s recommendation, the
Board found and certified that specified facilities of Marathon
Ashland Petroleum, L.L.C. located in Crawford County are
pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10
(2004)).
4-0
T-C
PCB 06-111
Marathon Ashland Petroleum, L.L.C. (Reformulated Gasoline –
Blending Process) (Property Identification No. 51-34-1-21 or
portion thereof) v. IEPA – No action taken.
T-C
PCB 06-112
Marathon Ashland Petroleum, L.L.C. (Amine Expansion, Kerosene
Treater, Crude Blending and Merichem Treater Revamp) (Property
Identification No. 51-34-1-21 or portion thereof) v. IEPA - No
action taken.
T-C
16
PCB 06-113
Marathon Ashland Petroleum, L.L.C. (Reverse Osmosis Degasifier
Unit) (Property Identification Number 51-34-1-21 or portion
thereof) v. IEPA - No action taken.
T-C
PCB 06-114
Marathon Ashland Petroleum, L.L.C. (Cooling Water Tower
Automation and Control) (Property Identification Number 51-34-1-
21 or portion thereof) v. IEPA - No action taken.
T-C
PCB 06-115
People of the State of Illinois v. National City Environmental,
L.L.C. and National City Recycling, L.L.C. – The Board accepted
for hearing this land and water enforcement action involving a site
located in St. Clair County.
4-0
L, W-E
PCB 06-116
People of the State of Illinois v. William Warren and Halleck
Warren d/b/a Hickory Shores Resort, and Hickory Shores
Recreations, Ltd. – The Board accepted for hearing this water
enforcement action involving a site located in Clinton County.
4-0
W-E
PCB 06-117
People of the State of Illinois v. Saline County Landfill, Inc. – The
Board accepted for hearing this land enforcement action involving
a site located in Saline County.
4-0
L-E
PCB 06-118
Mahr’s Sales & Service 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 Fulton County facility.
`
4-0
UST
Appeal
90-Day
Ext.
PCB 06-119
People of the State of Illinois v. Strata Geologic Services, Inc. –
The Board accepted for hearing this land enforcement action
involving a site located in Rock Island County.
4-0
L-E
17
PCB 06-120
Southern Illinois Power Cooperative (Wet Scrubber System)
(Property Identification Number 10-26-200-002) v. IEPA - Upon
receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Southern Illinois Power Cooperative located in
Williamson County are pollution control facilities for the purpose
of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
4-0
T-C
PCB 06-121
Southern Illinois Power Cooperative (Selective Catalytic Reduction
System) (Property Identification Number 10-26-200-002) v. IEPA -
Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Southern Illinois Power Cooperative located in
Williamson County are pollution control facilities for the purpose
of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
4-0
T-C
PCB 06-122
Southern Illinois Power Cooperative (Rothemuhle Electrostatic
Precipitator) (Property Identification Number 10-26-200-002) v.
IEPA - Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Southern Illinois Power Cooperative located
in Williamson County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2004)).
4-0
T-C
CASES PENDING DECISION
R03-9
In the Matter of: Proposed New and Updated Rules for
Measurement and Numerical Sound Emissions Standards
Amendments to 35 Ill. Adm. Code 901 and 910 – Proposed Rule,
Second Notice, Opinion and Order
R, Noise
18
OTHER ITEMS
Chairman’s Motion under Section 2.06(c) of the Open Meeting Act
to continue to preserve only written minutes of closed Board
deliberative sessions occurring on or before June 30, 2004, and to
approve destruction of verbatim tape recordings of meetings held:
January 7 and January 15; February 3, February 11, and February
26; March 11 and March 25; April 8, April 22, and April 29; May
13 and May 27; June 10 and June 24
4-0
Chairman’s Motion under Section 2.06(d) of the Open Meetings
Act to continue to keep confidential minutes of closed Board
meetings occurring between July 1, 2005 and December 31, 2005
4-0
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:55
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on January 19, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
