May 4, 2006
SPRINGFIELD OFFICE
1021 N. Grand Avenue East
Conference Room 1244 N, First 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 April 20, 2006 meeting were approved by a vote of 4-0.
RULEMAKINGS
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 – The
Board adopted a final opinion and order in this rulemaking which
amends the Board’s air regulations.
4-0
R, Air
R05-9
In the Matter of: Setback Zones for City of Marquette Heights
Community Water Supply, New 35 Ill. Adm. Code 618 – The
Board adopted a final opinion and order in this site-specific
rulemaking which amends 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 – The Board on its
own motion, determined to proceed to hearing pursuant to Section
27 of the Act (415 ILCS 5/27 (2004)) with the Illinois
Environmental Protection Agency’s (Agency) March 14, 2006
proposal. The Board noted entry of a preliminary injunction order
in Dynergy Midwest Generation, Inc., et. al. v. Pollution Control
Board et. al. , No. 06-CH-213 (Sangamon Cty. Circuit Court May
1, 2006). The Board granted the motion of Dynegy Midwest
Generation, Inc., Kincaid Generation, L.L.C., and Midwest
Generation, L.L.C. to cancel hearings and rescind the schedule for
hearings under the authority of Section 28.5 of the Act (415 ILCS
5/28.5 (2004)). The Board will re-first notice this rulemaking under
Section 27 of the Act (415 ILCS 5/27 (2004)). The Board granted
the Agency’s motion in part for expedited review. The Board also
granted the April 25, 2006 motion to appear pro hac vice from
Kathleen M. Rahill.
4-0
ADJUSTED STANDARDS
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 – The Board accepted for
hearing this Massac County facility’s petition for adjusted standard
from the Board’s hazardous waste operating requirements.
4-0
Air
ADMINISTRATIVE CITATIONS
AC 06-30
IEPA v. Rick Linnabury – The Board accepted for hearing this
petition for review of an administrative citation against this
Douglas County respondent.
4-0
AC 06-32
County of Jackson v. David Skidmore – The Board accepted for
hearing this petition for review of an administrative citation against
this Jackson County respondent.
4-0
3
ADJUDICATORY CASES
Decisions
PCB 06-90
People of the State of Illinois v. Village of Volo and Smith
Engineering Consultants, Inc. – In this public water supply
enforcement action concerning a Lake 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 $8,000, and to cease and
desist from further violations.
4-0
PWS-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
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 – The Board granted
the complainant’s motion for summary judgment and ordered
respondent to reimburse the Illinois Environmental Protection
Agency $131,902.48 for costs incurred in the cleanup of
accumulated used and waste tires at the site comprised of three
parcels of land identified as tax parcels 10-19-16-101-033, 10-19-
16-101-034, and 10-19-16-101-035, and located in Momence,
Kankakee County.
4-0
L-E
4
PCB 05-35
Kibler Development Corporation and Marion Ridge Landfill, Inc.
v. IEPA – The Board denied the motion of the City of Marion, the
City of Herrin, and the Williamson County Airport Authority to
intervene as party respondents in this permit appeal.
4-0
P-A, Land
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. –
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 Calhoun
County facility, the Board ordered publication of the required
newspaper notice.
4-0
PWS-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 06-128
Goodwin Mobil Service 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 Montgomery County facility.
4-0
UST
Appeal
PCB 06-129
Vic Koenig Chevrolet 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 Jackson County facility.
4-0
UST
Appeal
5
PCB 06-131
Wesley Brazas, Jr. v. Mr. Jeff Magnussen, President Village of
Hampshire and IEPA – The Board granted respondent Illinois
Environmental Protection Agency’s motion to dismiss three of the
appeal grounds for lack of jurisdiction. Hearing on the remaining
issue is scheduled for May 15, 2006
4-0
P-A,
NPDES
3rd Party
PCB 06-140
W.R. Meadows, Inc. v. IEPA – The Board accepted for hearing this
permit appeal involving a Kane County facility.
4-0
P-A, Air
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.
Citizens
W-E
PCB 06-152
James Chew and Lynn Chew v. Dirk F. Borgsmiller and Sports
Blast, L.L.C. – The Board held for a later duplicative/frivolous
determination this citizens’ noise enforcement action involving a
Jackson County facility.
Citizens
N-E
CASES PENDING DECISION
OTHER ITEMS
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:24
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on May 18, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
