April 20, 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 April 6, 2006 meeting were approved by a vote of 4-0.
RULEMAKINGS
R06-22
In the Matter of: NOx Trading Program: Amendments to 35 Ill.
Adm. Code Part 217 – The Board denied the Illinois Environmental
Regulatory Group’s motion for expedited review.
`
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 P.A. 94-134: New 35 Ill. Adm. Code Part 1505 – The Board
adopted a first notice opinion and order in this rulemaking to
amend the Board’s public water supply regulations.
4-0
R, PWS
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
R06-25
In the Matter of: Proposed New 35 Ill. Adm. Code 225 Control of
Emissions from Large Combustion Sources (Mercury) – The Board
denied the motions to reject the proposal pursuant to Section 28.5
of the Environmental Protection Act (Act) (415 ILCS 5/28 (2004))
and will proceed as set forth in the March 16, 2006 opinion and
order. The Board granted James W. Ingram’s motion to appear
pro
hac vice
.
3-1
Johnson
dissented
ADJUSTED STANDARDS
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 granted this Cook County
petitioner an adjusted standard, with conditions, designating as an
“industrial boiler” its slag dryer at its South Chicago Slag Grinding
Plant located at 2150 East 130th Street in Chicago, Illinois.
4-0
Land
AS 06-3
In the Matter of: Petition of Lafarge Midwest, Inc. for Boiler
Determination through Adjusted Standard Proceedings Pursuant to
35 Ill. Adm. Code 720.132 and 720.133 – Pending receipt of the
certificate of publication, the Board held this Massac County
facility’s petition for an adjusted standard from the Board’s
hazardous waste operating requirements.
Air
ADMINISTRATIVE CITATIONS
AC 04-59
IEPA v. Tim Walker – In response to a joint stipulation and
settlement agreement in this administrative citation action involving
a Macon County facility, the Board found that respondent had
violated Section 21(p)(3) of the Environmental Protection Act (415
ILCS 5/21(p)(3) (2004)) and ordered respondent to pay a civil
penalty of $1,500. The Board also granted the parties’ joint motion
to dismiss respondent’s petition for review, as well as the violation
of 415 ILCS 5/21(p) (1) (2004) alleged in the administrative
citation.
4-0
3
AC 04-77
IEPA v. Frank Bencie – 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
$274.93 and a civil penalty of $3,000. This order follows the
Board's interim order of February 16, 2006, which found that this
respondent had violated Sections 21(p)(1) and (4) of the
Environmental Protection Act. (415 ILCS 5/21(p)(1), (4) (2004)).
4-0
AC 06-26
IEPA v. Marshall and Juanita Garrison – The Board found that
these Jefferson County respondents violated Section 21(p)(1) of the
Act (415 ILCS 5/21(p)(1) (2004)), and ordered respondents to pay a
civil penalty of $1,500
.
4-0
AC 06-27
County of LaSalle v. Jerry Koetz – The Board found that this
LaSalle County respondent violated Section 21(p)(1) of the Act
(415 ILCS 5/21(p)(1) (2004)), and ordered respondent to pay a civil
penalty of $1,500
.
4-0
AC 06-28
County of Macon, Illinois v. Onyx Valley View Landfill – The
Board found that this Macon County respondent violated Section
21(o)(5) and (o)(7) of the Act (415 ILCS 5/21(o)(5), (o)(7) (2004)),
and ordered respondent to pay a civil penalty of $1,000
.
4-0
AC 06-29
County of Macon, Illinois v. Onyx Valley View Landfill – The
Board found that this Macon County respondent violated Section
21(o)(5) and (o)(12) of the Act (415 ILCS 5/21(o)(5), (o)(12)
(2004)), and ordered respondent to pay a civil penalty of $1,000
.
4-0
AC 06-37
County of Jackson v. James Qualls – The Board accepted an
administrative citation against this Jackson County respondent.
4
ADJUDICATORY CASES
Decisions
PCB 05-168
People of the State of Illinois v. Home Depot U.S.A. – 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 $15,000,
and to cease and desist from further violations. Home Depot
U.S.A. further agrees to pay a cash contribution in the amount of
$15,000 to the Village of Homer Glen, for use in constructing an
off-road multi-use trail system and trailhead.
4-0
PWS-E
PCB 06-49
People of the State of Illinois v. Premier Waste & Recycling, Inc. –
In this land 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 $30,000, and
to cease and desist from further violations.
4-0
L-E
Motions and Other Matters
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt, Co., Inc.,
Edwin L. Frederick, Jr. individually and as owner and President of
Skokie Valley Asphalt Co., Inc., and Richard J. Frederick
individually and as owner and Vice President of Skokie Asphalt
Co., Inc. – No action taken.
W-E
5
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 – The Board granted the Pruims’ motion to file a reply. The
Board denied the Pruims’ motion for summary judgment and
granted complainant’s motion to dismiss counts III, XIV, XV, XVI,
and XVIII in PCB 04-207, and directed the hearing officer to
proceed to hearing on the remaining allegations.
4-0
L-E
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 04-106
People of the State of Illinois v. Thomas Gray – No action taken.
L-E
PCB 05-35
Kibler Development Corporation and Marion Ridge Landfill, Inc.
v. IEPA – No action taken.
P-A, Land
PCB 06-51
People of the State of Illinois v. CSX Transportation, Inc. – No
action taken.
A,L,&W-E
PCB 05-53
People of the State of Illinois v. Clean Harbors Environmental
Services, 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
Madison County facility, the Board ordered publication of the
required newspaper notice.
4-0
L-E
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 subrogee 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 06-30
People of the State of Illinois v. Heneghan & Associates, P.C. – No
action taken.
PWS-E
6
PCB 06-41
People of the State of Illinois v. Dot Packaging Group, 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 Kane County facility, the Board
ordered publication of the required newspaper notice.
4-0
A-E
PCB 06-46
People of the State of Illinois v. Osborn Development Company –
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 Madison County
facility, the Board ordered publication of the required newspaper
notice.
4-0
W-E
PCB 06-51
People of the State of Illinois v. CSX Transportation, Inc. – No
action taken.
A,L,&W-E
PCB 06-53
C&F Packing Company, Inc. v. IEPA and Lake County – No action
taken.
W-V
PCB 06-125
Wareco Service, Inc. 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 Knox County facility.
4-0
UST
Appeal
PCB 06-130
Arlyn D. Fisk d/b/a Arlyn Fisk’s Service Center v. IEPA – The
Board accepted for hearing this underground storage tank appeal
involving a Randolph County facility.
4-0
UST
Appeal
7
PCB 06-131
Wesley Brazas, Jr. v. Mr. Jeff Magnussen, President Village of
Hampshire and IEPA – No action taken.
P-A,
NPDES
PCB 06-141
Flagg Creek Water Reclamation District v. Village of Hinsdale,
Metropolitan Water Reclamation District of Greater Chicago,
Illinois Department of Transportation, and DuPage County – No
action taken. Board Member Melas wil be recusing himself from
this matter,
W-E
PCB 06-152
James Chew and Lynn Chew v. Dirk F. Borgsmiller and Sports
Blast, L.L.C. – No action taken.
Citizens
N-E
PCB 06-153
Midwest Petroleum Company v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a St. Clair
County facility.
4-0
UST
Appeal
PCB 06-154
Quebecor World (Property Identification Number 08-27-201-003
and 08-27-228-003) v. IEPA– Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Quebecor World
located in Ogle 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 06-155
Northern States Financial Corporation 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 Lake County
facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 06-156
Midwest Generation, L.L.C. Will County Generating Station v.
IEPA – The Board accepted for hearing this permit appeal
involving a Will County facility, but reserved ruling on the request
for stay of the contested conditions.
4-0
P-A, Air
8
PCB 06-157
People of the State of Illinois v. Belvidere National Bank and Trust
Company Trust Number 1600, a trust, and Cordray Brothers, Inc.
as sole beneficiary of Trust No. 1600 – The Board accepted for
hearing this water enforcement action involving a site located in
Boone County.
4-0
W-E
PCB 06-158
Memorial Hospital Belleville, Illinois v. IEPA – The Board granted
this request for a 90-day extension of time to file a permit appeal on
behalf of this St. Clair County facility.
4-0
P-A, Air
PCB 06-159
People of the State of Illinois v. Gary Simmons individually and
Lawrence County Disposal Centre, Inc. – The Board accepted for
hearing this land enforcement action involving a site located in
Lawrence County.
4-0
L-E
CASES PENDING DECISION
R05-9
In the Matter of: Setback Zones for City of Marquette Heights
Community Water Supply, New 35 Ill. Adm. Code 618 – Adopted
Rule, Final Order, Opinion and Order
R, PWS
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 –
Adopted Rule, Final Order, Opinion and Order
R, Air
OTHER ITEMS
The Board granted the Chairman’s motion for approval under Section 2(a)(4) of the Open
Meetings Act of the 2007 Closed Deliberative Sessions to be held on: January 11 and January
25; February 8 and February 22; March 8, March 22, and March 29; April 12 and April 26; May
10, May 24, and May 31; June 14 and June 28; July 5 and 19; August 2, August 16, and August
30; September 13 and September 27; October 11 and October 25; November 8 and November
29; December 13 and December 27, at 10:00 a.m.
9
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 May 4, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
