February 16, 2006 CHICAGO OFFICE
100 W. Randolph Street
Conference Room 9-040
11:00 A.M.
ANNOUNCEMENTS
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 February 2, 2006 meeting were approved, as corrected, 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 final
opinion and order in this rulemaking which amends the Board’s
water quality standards.
4-0
R, Water
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
R04-22(A)
R04-23(A)
(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 final opinion and order in this
rulemaking which amends the Board’s land pollution control
regulations.
4-0
R, Land
R05-9
In the Matter of Setback Zone for City of Marquette Heights
Community Water Supply, New 35 Ill. Adm. Code 618 – The
Board adopted a second notice opinion and order in this site-
specific rulemaking to amend the Board’s public water supply
regulations, as requested.
4-0
R, PWS
R06-24
In the Matter of: Revisions to Water Quality Standards for Total
Dissolved Solids in the Lower Des Plaines River for Exxon Mobil
Oil Corporation: Proposed 35 Ill. Adm. Code 303.445 – No action
taken.
R, Water
ADJUSTED STANDARDS
AS 06-2
In the Matter of: Petition of BP Products North America, Inc. for
an Adjusted Standard Pursuant to 35 Ill. Adm. Code 721.122 – No
action taken.
Air
ADMINISTRATIVE CITATIONS
AC 04-77
IEPA v. Frank Bencie – The Board entered an interim opinion and
order finding respondent violated Sections 21(p)(1) and (p)(4) of
the Act (415 ILCS 5/21(p)(1), (p)(4) (2004)) and assessing a
penalty of $3,000. The Board ordered the Clerk of the Board and
the Environmental Protection Agency to file within 14 days a
statement of hearing costs, supported by affidavit, with service on
respondent. Respondent may respond to the cost statement within
14 days of service.
4-0
3
AC 05-8
IEPA v. Ted Harrison and Gerald S. Gill – No action taken.
AC 06-20
IEPA v. Georgia Shank and Steve Shank – The Board directed
respondent Georgia Shank to file an amended petition for review
specifying the grounds for appeal within 30 days, or the Board will
dismiss this matter. The Board noted that Steve Shank had not filed
a petition for review.
4-0
AC 06-21
County of Jackson v. Dan Kimmel – The Board directed respondent
to file an amended petition for review specifying the grounds for
appeal within 30 days, or the Board will dismiss this matter.
4-0
AC 06-23
IEPA v. Harold Graves – The Board accepted an administrative
citation against this Shelby County respondent.
AC 06-24
IEPA v. City of Freeport and Ryan Wilson – The Board accepted
an administrative citation against these Stephenson County
respondents.
AC 06-25
County of Perry v. Ida Haberman – The Board accepted an
administrative citation against this Perry County respondent.
ADJUDICATORY CASES
Decisions
PCB 04-201
People of the State of Illinois v. Southern Illinois Power
Cooperative – In this air 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 respondent to pay a total
civil penalty of $48,000, and to cease and desist from further
violations.
4-0
A-E
4
PCB 05-201
People of the State of Illinois v. Illinois Tool Works, Inc. – 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 respondent to pay a total civil penalty of $17,500, and
to cease and desist from further violations.
4-0
A-E
PCB 05-207
People of the State of Illinois v. Precision Twist Drill Co. – 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 $30,500, and
to cease and desist from further violations.
4-0
A-E
Motions and Other Matters
PCB 97-193
PCB 04-207
(cons.)
People of the State of Illinois v. Community Landfill Company,
Inc.; People of the State of Illinois v. Edward Pruim and Robert
Pruim – No action taken.
L-E
PCB 03-191
People of the State of Illinois v. Community Landfill Company,
Inc. and the City of Morris – The Board granted Community
Landfill Corporation’s motion to strike the requests for an interim
remedy from the complainant’s motion for summary judgment. The
Board granted the complainant’s motion for summary judgment in
part, finding that Community Landfill Corporation and the City of
Morris violated Section 21(d)(2) of the Act (415 ILCS 5/21(d)(2)
(2004)), and Sections 811.700(f) and 811.712(b) of the Board’s
regulations. 35 Ill. Adm. Code 811.700(f), 811.712(b). Finally,
the Board denied the City of Morris’ counter motion for summary
judgment and directed the parties to hearing on the specific issue of
remedy.
4-0
L-E
5
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 04-47
Saint-Gobain Containers, Inc. v. IEPA – The Board granted
petitioner’s motion to stay proceedings until the Board orders
otherwise.
4-0
P-A, Air
PCB 04-137
People of the State of Illinois v. Robinson Carbon, Inc. – The Board
granted complainant’s motion for leave to file and accepted for
hearing a first amended complaint.
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
PCB 05-77
Wiseman/PJ’s Shortstop v. IEPA – The Board granted this Edgar
County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
4-0
UST
Appeal
PCB 05-91
People of the State of Illinois v. Clean Harbors Services, 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.
4-0
A-E
PCB 05-97
Henson Oil Co. v. EPA – The Board granted this McLean County
facility’s motion for voluntary dismissal of this underground
storage tank appeal.
4-0
UST
Appeal
6
PCB 05-124
Mac’s Convenience Stores L.L.C. v. IEPA – The Board granted this
Sangamon County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
4-0
UST
Appeal
PCB 05-139
People of the State of Illinois v. Bath Incorporated – No action
taken.
L-E
PCB 05-157
Grand Pier Center L.L.C. American International Specialty Lines
Insurance Co. as subbrogee of Grand Pier Center L.L.C. v. River
East L.L.C., Chicago Dock and Canal Trust, Chicago Dock and
Canal Company, Kerr-McGee Chemical L.L.C. – No action taken.
Citizens
L-E
PCB 05-220
Kenneth E. Medema, Jr. v. TNT Logistics North America – No
action taken.
Citizens
N-E
PCB 06-1
Robert F. Kassela, Jr. v. TNT Logistics North America - No action
taken.
Citizens
N-E
PCB 06-33
People of the State of Illinois v. J&S Companies, Inc. and First
Choice Construction, Inc. – No action taken.
L-E
PCB 06-45
People of the State of Illinois v. Ecolab, Inc. and Charles A.
Winslett – Upon receipt of a proposed stipulation and settlement
agreement and an agreed motion to request relief from the hearing
requirement in this land and water enforcement action involving a
Tazewell County facility, the Board ordered publication of the
required newspaper notice.
4-0
L&W-E
PCB 06-51
People of the State of Illinois v. CSX Transportation, Inc. – No
action taken.
A, L&W
PCB 06-53
C&F Packing Company, Inc. v. IEPA and Lake County – No action
taken.
W-V
7
PCB 06-56
Midwest Generation, L.L.C., Crawford Generating Station v. IEPA
– The Board found that the Illinois Administrative Procedure Act
(5 ILCS 100/10-65(b) (2004)) automatic stay provision applies in
this CAAPP permit appeal involving a Cook County facility.
Respondent’s motion for leave to file the administrative record on
compact disks was granted in part. The Board granted the
respondent’s motion for additional time to file the record and
directed the hearing officer to set the record-filing deadline after
consulting with the parties.
4-0
P-A, Air
PCB 06-57
Midwest Generation, L.L.C., Fisk Generating Station v. IEPA –
The Board found that the Illinois Administrative Procedure Act (5
ILCS 100/10-65(b) (2004)) automatic stay provision applies in this
CAAPP permit appeal involving a Cook County facility.
Respondent’s motion for leave to file the administrative record on
compact disks was granted in part. The Board granted the
respondent’s motion for additional time to file the record and
directed the hearing officer to set the record-filing deadline after
consulting with the parties.
4-0
P-A, Air
PCB 06-58
Midwest Generation, L.L.C., Joliet Generating Station v. IEPA –
The Board found that the Illinois Administrative Procedure Act (5
ILCS 100/10-65(b) (2004)) automatic stay provision applies in this
CAAPP permit appeal involving a Will County facility.
Respondent’s motion for leave to file the administrative record on
compact disks was granted in part. The Board granted the
respondent’s motion for additional time to file the record and
directed the hearing officer to set the record-filing deadline after
consulting with the parties.
4-0
P-A, Air
PCB 06-59
Midwest Generation, L.L.C., Powerton Generating Station v. IEPA
– The Board found that the Illinois Administrative Procedure Act
(5 ILCS 100/10-65(b) (2004)) automatic stay provision applies in
this CAAPP permit appeal involving a Tazewell County facility.
Respondent’s motion for leave to file the administrative record on
compact disks was granted in part. The Board granted the
respondent’s motion for additional time to file the record and
directed the hearing officer to set the record-filing deadline after
consulting with the parties.
4-0
P-A, Air
8
PCB 06-60
Midwest Generation, L.L.C., Will County Generating Station v.
IEPA – The Board found that the Illinois Administrative Procedure
Act ((5 ILCS 100/10-65(b) (2004)) automatic stay provision
applies in this CAAPP permit appeal involving a Will County
facility. Respondent’s motion for leave to file the administrative
record on compact disks was granted in part. The Board granted
the respondent’s motion for additional time to file the record and
directed the hearing officer to set the record-filing deadline after
consulting with the parties.
4-0
P-A, Air
PCB 06-61
Southern Illinois Power Cooperative v. IEPA – The Board found
that the Illinois Administrative Procedure Act (5 ILCS 100/10-
65(b) (2004)) automatic stay provision applies in this CAAPP
permit appeal involving a Williamson County facility.
Respondent’s motion for leave to file the administrative record on
compact disks was granted in part. The Board granted the
respondent’s motion for additional time to file the record and
directed the hearing officer to set the record-filing deadline after
consulting with the parties.
4-0
P-A, Air
PCB 06-62
Kincaid Generation, L.L.C. v. IEPA – The Board found that the
Illinois Administrative Procedure Act (5 ILCS 100/10-65(b)
(2004)) automatic stay provision applies in this CAAPP permit
appeal involving a Christian County facility. Respondent’s motion
for leave to file the administrative record on compact disks was
granted in part. The Board granted the respondent’s motion for
additional time to file the record and directed the hearing officer to
set the record-filing deadline after consulting with the parties.
4-0
P-A, Air
PCB 06-63
Dynegy Midwest Generation, Inc. (Baldwin Energy Complex) v.
IEPA – The Board found that the Illinois Administrative Procedure
Act (5 ILCS 100/10-65(b) (2004)) automatic stay provision applies
in this CAAPP permit appeal involving a Randolph County facility.
Respondent’s motion for leave to file the administrative record on
compact disks was granted in part. The Board granted the
respondent’s motion for additional time to file the record and
directed the hearing officer to set the record-filing deadline after
consulting with the parties.
4-0
P-A, Air
9
PCB 06-64
Ameren Energy Generating Company, Coffeen Power Station v.
IEPA – The Board found that the Illinois Administrative Procedure
Act (5 ILCS 100/10-65(b) (2004)) automatic stay provision applies
in this CAAPP permit appeal involving a Montgomery County
facility. Respondent’s motion for leave to file the administrative
record on compact disks was granted in part. The Board granted
the respondent’s motion for additional time to file the record and
directed the hearing officer to set the record-filing deadline after
consulting with the parties.
4-0
P-A, Air
PCB 06-65
Electric Energy, Incorporated v. IEPA – The Board found that the
Illinois Administrative Procedure Act (5 ILCS 100/10-65(b)
(2004)) automatic stay provision applies in this CAAPP permit
appeal involving a Massac County facility. Respondent’s motion
for leave to file the administrative record on compact disks was
granted in part. The Board granted the respondent’s motion for
additional time to file the record and directed the hearing officer to
set the record-filing deadline after consulting with the parties.
4-0
P-A, Air
PCB 06-66
AmerenEnergy Resources Generating Company, Duck Creek
Power Station v. IEPA – The Board found that the Illinois
Administrative Procedure Act (5 ILCS 100/10-65(b) (2004))
automatic stay provision applies in this CAAPP permit appeal
involving a Fulton County facility. Respondent’s motion for leave
to file the administrative record on compact disks was granted in
part. The Board granted the respondent’s motion for additional
time to file the record and directed the hearing officer to set the
record-filing deadline after consulting with the parties.
4-0
P-A, Air
PCB 06-67
AmerenEnergy Resources Generating Company, Edwards Power
Station v. IEPA – The Board found that the Illinois Administrative
Procedure Act (5 ILCS 100/10-65(b) (2004)) automatic stay
provision applies in this CAAPP permit appeal involving a Peoria
County facility. Respondent’s motion for leave to file the
administrative record on compact disks was granted in part. The
Board granted the respondent’s motion for additional time to file
the record and directed the hearing officer to set the record-filing
deadline after consulting with the parties.
4-0
P-A, Air
10
PCB 06-68
Ameren Energy Generating Company, Newton Power Station v.
IEPA – The Board found that the Illinois Administrative Procedure
Act (5 ILCS 100/10-65(b) (2004)) automatic stay provision applies
in this CAAPP permit appeal involving a Jasper County facility.
Respondent’s motion for leave to file the administrative record on
compact disks was granted in part. The Board granted the
respondent’s motion for additional time to file the record and
directed the hearing officer to set the record-filing deadline after
consulting with the parties.
4-0
P-A, Air
PCB 06-69
Ameren Energy Generating Company, Meredosia Power Station v.
IEPA – The Board found that the Illinois Administrative Procedure
Act (5 ILCS 100/10-65(b) (2004)) automatic stay provision applies
in this CAAPP permit appeal involving a Morgan County facility.
Respondent’s motion for leave to file the administrative record on
compact disks was granted in part. The Board granted the
respondent’s motion for additional time to file the record and
directed the hearing officer to set the record-filing deadline after
consulting with the parties.
4-0
P-A, Air
PCB 06-70
Ameren Energy Generating Company, Hutsonville Power Station
v. IEPA – The Board found that the Illinois Administrative
Procedure Act (5 ILCS 100/10-65(b) (2004)) automatic stay
provision applies in this CAAPP permit appeal involving a
Crawford County facility. Respondent’s motion for leave to file
the administrative record on compact disks was granted in part.
The Board granted the respondent’s motion for additional time to
file the record and directed the hearing officer to set the record-
filing deadline after consulting with the parties.
4-0
P-A, Air
PCB 06-71
Dynegy Midwest Generation, Inc. (Havana Power Station) v. IEPA
– The Board found that the Illinois Administrative Procedure Act
(5 ILCS 100/10-65(b) (2004)) automatic stay provision applies in
this CAAPP permit appeal involving a Mason County facility.
Respondent’s motion for leave to file the administrative record on
compact disks was granted in part. The Board granted the
respondent’s motion for additional time to file the record and
directed the hearing officer to set the record-filing deadline after
consulting with the parties.
4-0
P-A, Air
11
PCB 06-72
Dynegy Midwest Generation, Inc. (Hennepin Power Station) v.
IEPA – The Board found that the Illinois Administrative Procedure
Act (5 ILCS 100/10-65(b) (2004)) automatic stay provision applies
in this CAAPP permit appeal involving a Putman County facility.
Respondent’s motion for leave to file the administrative record on
compact disks was granted in part. The Board granted the
respondent’s motion for additional time to file the record and
directed the hearing officer to set the record-filing deadline after
consulting with the parties.
4-0
P-A, Air
PCB 06-73
Dynegy Midwest Generation, Inc. (Vermilion Power Station) v.
IEPA – The Board found that the Illinois Administrative Procedure
Act (5 ILCS 100/10-65(b) (2004)) automatic stay provision applies
in this CAAPP permit appeal involving a Vermilion County
facility. Respondent’s motion for leave to file the administrative
record on compact disks was granted in part. The Board granted
the respondent’s motion for additional time to file the record and
directed the hearing officer to set the record-filing deadline after
consulting with the parties.
4-0
P-A, Air
PCB 06-74
Dynegy Midwest Generation, Inc. (Wood River Power Station) v.
IEPA – The Board found that the Illinois Administrative Procedure
Act (5 ILCS 100/10-65(b) (2004)) automatic stay provision applies
in this CAAPP permit appeal involving a Madison County facility.
Respondent’s motion for leave to file the administrative record on
compact disks was granted in part. The Board granted the
respondent’s motion for additional time to file the record and
directed the hearing officer to set the record-filing deadline after
consulting with the parties.
4-0
P-A, Air
PCB 06-75
The City of Springfield v. IEPA – The Board found that the Illinois
Administrative Procedure Act (5 ILCS 100/10-65(b) (2004))
automatic stay provision applies in this CAAPP permit appeal
involving a Sangamon County facility. Respondent’s motion for
leave to file the administrative record on compact disks was
granted in part. The Board granted the respondent’s motion for
additional time to file the record and directed the hearing officer to
set the record-filing deadline after consulting with the parties.
4-0
P-A, Air
PCB 06-82
People of the State of Illinois v. Barger Engineering, Inc. – No
action taken.
W-E
12
PCB 06-124
PCB 06-127
Prairie Rivers Network and Sierra Club v. IEPA and Prairie State
Generating Company, L.L.C.; American Bottom Conservancy and
Dale Wojtkowski v. IEPA and Prairie State Generating Company,
L.L.C. – No action taken.
P-A, Water
PCB 06-135
Environmental Protection Industries, Inc. v. IEPA – The Board
accepted for hearing this underground storage tank appeal
involving a DuPage County facility.
3-0
Melas
abstained
UST
Appeal
PCB 06-136
People of the State of Illinois v. D&L Landfill, Inc. – The Board
accepted for hearing this land enforcement action involving a site
located in Bond County.
4-0
L-E
PCB 06-137
City of Springfield, Illinois v. IEPA – No action taken.
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 – Adopted Rule,
Final Order, Opinion and Order
R, Noise
R04-12
R04-20
(cons.)
In the Matter of: Technical Correction to Formulas in 35 Ill. Adm.
Code 214 “Sulfur Limitations”; In the Matter of: Clean-Up Part III,
Amendments to 35 Ill. Adm. Code Part 211, 218, and 219 –
Proposed Rule, Second Notice, Opinion and Order
R, Air
13
R05-19
In the Matter of: Proposed Amendments to Exemptions from State
Permitting Requirements (35 Ill. Adm. Code 201.146) – Adopted
Rule, Final Order, Opinion and Order
R, Air
R05-20
In the Matter of: Proposed Amendments to Exemptions From
Permitting Requirements for Plastic Injection Molding Operations
Code 201.146 – Adopted Rule, Final Order, Opinion and Order
R, Air
OTHER ITEMS
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Chairman Girard 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 March 2, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
