February 2, 2006
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.
ROLL CALL
The Clerk of the Board called the roll.
All Board Members answered present.
APPROVAL OF MINUTES
Minutes of the January 19, 2006 meeting were approved by a vote of 4-0.
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
RULEMAKINGS
R06-5
R06-6
R06-7
(cons.)
In the Matter of: UIC Corrections, USEPA Amendments (January
1, 2005 through June 30, 2005) ;In the Matter of RCRA Subtitle D
Update, USEPA Amendments (January 1, 2005 through June 30,
2005 and August 1, 2005); In the Matter of RCRA Subtitle C
Update, USEPA Amendments (January 1, 2005 through June 30,
2005 and August 1, 2005) – The Board adopted a final
Supplemental 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. This details changes the Board made in response
to a request by the Joint Committee on Administrative Rules
received after issuance of the Board’s January 5, 2005 opinion and
order in this matter.
4-0
R, Land
R06-22
In the Matter of: NOx Trading Program: Amendments to 35 Ill.
Adm. Code Part 217 – The Board accepted for hearing the Illinois
Environmental Protection Agency’s (IEPA) January 19, 2006
proposal to amend the Board’s air pollution control regulations.
The Board also granted of petitioner’s request to waive filing
requirements, but directed the IEPA to file additional copies of
certain documents.
4-0
R, Air
R06-23
In the Matter of: Standards and Requirements for Potable Water
Well Surveys and for Community Relations Activities Performed in
Conjunction with Agency Notices of Threats from Contamination
Under PA 94-134: New 35 Ill. Adm. Code Part 1505 – The Board
accepted for hearing the Illinois Environmental Protection
Agency’s (IEPA) January 20, 2006 proposal to amend the Board’s
land pollution control regulations. The Board also granted of
petitioner’s January 30, 2006 motion to refile the entire statement
of reasons.
4-0
R, Land
3
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 05-54
IEPA v. Logsdon Sand and Gravel and M.K. O’Hara Construction,
Inc. – In this administrative citation involving a Cass County site,
the Board granted complainant’s motion to dismiss respondent
Logsdon Sand and Gravel and found that the remaining respondent
M.K. O’Hara Construction, Inc. had violated Sections 21(p)(1),
(p)(4) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(4), (p)(7)
(2004)), and ordered respondent to pay a civil penalty of $4,500
.
4-0
AC 06-21
County of Jackson v. Dan Kimmel – No action taken.
AC 06-22
IEPA v. Harold Graves – The Board accepted for hearing this
petition for review of an administrative citation against this Shelby
County respondent.
ADJUDICATORY CASES
Decisions
PCB 05-66
People of the State of Illinois v. Petco Petroleum Corporation – In
this water enforcement action concerning a Fayette 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 as to , and
ordered the respondents to pay a total civil penalty of $135,000, and
to cease and desist from further violations.
4-0
W-E
PCB 05-215
People of the State of Illinois v. First Rockford Group, Inc., Village
of Cherry Valley, and Schlichting & Sons Excavating, Inc. – In this
public water supply enforcement action concerning a Winnebago
4-0
PWS-E
4
PCB 06-103
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 as to the Village of Cherry Valley (Cherry
Valley), and ordered the Cherry Valley to pay a total civil penalty
of $14,500, and to cease and desist from further violations. The
Board granted complainant’s motion to consolidate this
enforcement action with PCB 06-103.
People of the State of Illinois v. First Rockford Group, Inc. – The
Board granted complainant’s motion to consolidate this
enforcement action with PCB 05-215. This will be reflected in the
caption of future orders.
PCB 06-36
People of the State of Illinois v. Magellan Pipeline Company, L.P.
– In this land enforcement action concerning a Lee 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 $18,000, and
to cease and desist from further violations.
4-0
L-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
5
PCB 03-54
PCB 03-56
PCB 03-105
PCB 03-179
PCB 04-2
(cons.)
Freedom Oil Company v. IEPA – The Board took the following
action in these consolidated petitions for review; denied Freedom
Oil’s motion for default judgment or, alternatively, to bar Illinois
Environmental Protection Agency (IEPA) evidence: denied the
IEPA’s motion to strike Exhibit 17 of, and references to that exhibit
in, Freedom Oil’s motion for summary judgment: granted Freedom
Oil’s motion for summary judgment in part and denied it in part;
and granted the IEPA’s counter-motion for summary judgment in
part and denied it in part. The Board directed the parties to hearing
on the remaining issues.
4-0
UST
Appeal
Johnson
concurred
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 04-47
Saint-Gobain Containers, Inc. v. IEPA – No action taken.
P-A, Air
PCB 04-137
People of the State of Illinois v. Robinson Carbon, 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
6
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 05-193
Vernon and Elaine Zohfeld v. Robert Drake, Wabash Valley
Service Company, Michael J. Pfister, Noah D. Horton and Steve
Kinder – The Board denied respondents’ motion for stay of the
proceedings. The Board also denied complainants’ motion to strike
respondents’ reply to the response to the motion for stay.
4-0
Citizens
A-E
PCB 05-204
People of the State of Illinois v. Lake Street Development L.L.C. –
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 Lake County facility,
the Board ordered publication of the required newspaper notice.
4-0
W-E,
NPDES
PCB 06-15
People of the State of Illinois v. Illinois-American Water Company
– Upon receipt of a proposed stipulation and settlement agreement
and an agreed motion to request relief from the hearing requirement
in this public water supply enforcement action involving a Will
County facility, the Board ordered publication of the required
newspaper notice.
4-0
PWS-E
PCB 06-42
People of the State of Illinois v. Waste Management of Illinois, Inc.
– 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 Whiteside County
facility, the Board ordered publication of the required newspaper
notice.
4-0
L-E
PCB 06-46
People of the State of Illinois v. Osborn Homes, Inc. – The Board
granted the parties’ joint motion to change name of respondent to
Osborn Development Company.
4-0
L-E
7
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
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
8
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
9
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 06-111
Marathon Ashland Petroleum, L.L.C. (Reformulated Gasoline –
Blending Process) (Property Identification No. 51-34-1-21 or
portion thereof) v. IEPA – Because the Board did not receive any
petition for review of the Illinois Environmental Protection
Agency’s (IEPA) recommendation to deny certification, consistent
with the IEPA recommendation, the Board declined to certify that
certain Marathon Ashland Petroleum, L.L.C. facilities are pollution
control facilities and dismissed this matter.
4-0
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 –
Because the Board did not receive any petition for review of the
Illinois Environmental Protection Agency’s (IEPA)
recommendation to deny certification, consistent with the IEPA’s
recommendation, the Board declined to certify that certain
Marathon Ashland Petroleum, L.L.C. facilities are pollution control
facilities and dismissed this matter.
4-0
T-C
10
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 – Because the Board did not receive any petition
for review of the Agency’s recommendation to deny certification,
consistent with the Agency’s recommendation, the Board declined
to certify that certain Marathon Ashland Petroleum, L.L.C.
facilities are pollution control facilities and dismissed this matter.
4-0
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 – Because the Board did not receive
any petition for review of the Illinois Environmental Protection
Agency’s (IEPA) recommendation to deny certification, consistent
with the IEPA’s recommendation, the Board declined to certify that
certain Marathon Ashland Petroleum, L.L.C. facilities are pollution
control facilities and dismissed this matter.
4-0
T-C
PCB 06-124
PCB 06-127
(cons.)
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. – The Board granted W.C. Blanton and Alison Nelson leave
to appear
pro hac vice
on behalf of the respondent generating
company.
4-0
P-A, Water
PCB 06-131
Wesley Brazas, Jr. v. Mr. Jeff Magnussen, President Village of
Hampshire and IEPA – The Board ordered petitioner to file an
amended petition to cure noted deficiencies postmarked on or
before February 17, 2006, or the matter would subject to dismissal.
4-0
P-A,
NPDES
PCB 06-132
People of the State of Illinois v. Lake Pointe Estates L.L.C. – The
Board accepted for hearing this land enforcement action involving
a site located in Sangamon County.
4-0
L-E
11
PCB 06-133
People of the State of Illinois v. City of Flora – 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 Clay County facility, the
Board ordered publication of the required newspaper notice.
4-0
L, W-E
PCB 06-134
People of the State of Illinois v. Village of Hainesville – Upon
receipt of a proposed stipulation and settlement agreement and an
agreed motion to request relief from the hearing requirement in this
public water supply enforcement action involving a Lake County
facility, the Board ordered publication of the required newspaper
notice.
4-0
PWS-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 – Adopted Rule, Final Order,
Opinion and Order
R, Water
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) – Adopted Rule, Final Order, Opinion and Order
R, Land
OTHER ITEMS
12
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 February 16, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
