June 1, 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 May 18, 2006 meeting were approved by a vote of 4-0.
RULEMAKINGS
R04-22(B)
R04-23(B)
(cons.)
In the Matter of: Proposed Amendments to: Regulations of
Petroleum Leaking Underground Storage Tanks (35 Ill. Adm. Code
732); In the Matter of: Proposed Amendments to Regulation of
Petroleum Leaking Underground Storage Tanks (35 Ill. Adm. Code
734) – The Board found that the record does not support proceeding
with a rule defining the scope of work and setting maximum lump
sum payment amounts and therefore dismissed the proposal and
closed the docket in this consolidated rulemaking.
4-0
R, UST
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
R06-16
R06-17
R06-18
(cons.)
In the Matter of: UIC Update, USEPA Amendments (July 1, 2005
through December 31, 2005); In the Matter of: RCRA Subtitle D
Update, USEPA Amendments (July 1, 2005 through December 31,
2005); In the Matter of: RCRA Subtitle C Update, USEPA
Amendments (July 1, 2005 through December 31, 2005 and March
23, 2006) – The Board granted the Illinois Environmental
Protection Agency’s (Agency) motion to extend the public
comment period for all participants until June 30, 2006. The Board
then extended the deadline for Board adoption of the amendments
as provided in Section 7.2(b) of the Act, 415 ILCS 5/7.2(b) (2004)
until September 14, 2006.
4-0
R, Land
R06-25
In the Matter of: Proposed New 35 Ill. Adm. Code 225 Control of
Emissions From Large Combustion Sources (Mercury) – No action
taken.
R, Air
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 granted this
Massac County petitioner an adjusted standard, with conditions,
designating as an “industrial boiler” each of the two raw mill dryers
at it the Joppa Portland Cement Manufacturing Plant located at
2500 Portland Road, Grand Chain, Illinois.
4-0
Air
ADMINISTRATIVE CITATIONS
AC 06-34
IEPA v. Clifford Lawson – The Board granted complainant’s
motion for voluntary dismissal of this administrative citation due
complainant’s failure to make timely service.
4-0
3
AC 06-44
County of LaSalle v. Paulette Metille – The Board accepted an
administrative citation against this LaSalle County respondent.
AC 06-45
IEPA v. Waste Management of Illinois, Inc., Mark Batherson, and
Dale Hoekstra – The Board accepted an administrative citation
against these Will County respondents.
ADJUDICATORY CASES
Decisions
PCB 05-53
People of the State of Illinois v. Clean Harbors Environmental
Services, Inc. – In this land enforcement action concerning a
Madison 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 $12,000, and to cease and desist from further
violations. Clean Harbors Environmental Services further agrees to
engage in a supplemental environmental project: over the next two
years following adoption of this stipulation and settlement
agreement, Clean Harbors Environmental will undertake hazardous
waste disposal and related collection and transportation services
having a fair market retail price up to $18,000.
4-0
L-E
PCB 06-41
People of the State of Illinois v. Dot Packaging Group, Inc. – In this
air enforcement action concerning a Kane 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 $33,311, and
to cease and desist from further violations.
4-0
A-E
4
PCB 06-46
People of the State of Illinois v. Osborn Development Company –
In this water enforcement action concerning a Madison 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.
4-0
W-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 00-104
People of the State of Illinois v. The Highlands, L.L.C., Murphy
Farms, Inc. a/k/a Murphy Family Farms, and Bion Technologies,
Inc. – No action taken.
A-E
PCB 02-186
People of the State of Illinois v. Perfetti Van Melle USA, Inc. f/k/a
Van Melle USA, 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
Lake County facility, the Board ordered publication of the required
newspaper notice.
4-0
A-E
PCB 03-191
People of the State of Illinois v. Community Landfill Company,
Inc. and the City of Morris – The Board granted both respondents’
motions to reconsider with respect to the Board’s alleged
misapplication of the law. The Board declined to modify the
Board’s February 16, 2006 ruling granting summary judgment in
favor of the complainant on the violations alleged in the complaint
and directed the hearing officer to proceed to hearing on the issue
of remedy.
4-0
L-E
5
PCB 04-31
PCB 05-43
(cons.)
Broadus Oil v. IEPA – No action taken.
UST Fund
PCB 05-56
People of the State of Illinois v. Omron Automotive Electronics,
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 06-33
People of the State of Illinois v. J&S Companies, Inc. and First
Choice Construction, Inc. – No action taken.
L-E
PCB 06-53
C&F Packing Company, Inc. v. IEPA and Lake County – No action
taken
W-V
PCB 06-137
City of Springfield v. IEPA – In response to the Board’s March 16,
2006 Order, petitioner filed an amended petition for variance which
is currently under review for sufficiency; unless the Board or
hearing officer orders otherwise the Illinois Environmental
Protection Agency must file any amended recommendation by July
14, 2006. The Board granted petitioner's motion for expedited
review, noting the amended petition restarts the Board’s decision
time clock.
4-0
W-V
PCB 06-138
Brenda George Bryant 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 Massac County facility.
4-0
UST
Appeal
6
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 – The
Board found that the complaint is not duplicative but frivolous, and
granted the motion of the Metropolitan Water Reclamation District
of Greater Chicago to strike and dismiss paragraphs 61 through 70
of count II of the complaint as frivolous and accepted the balance
of the complaint for hearing as to all four respondents.. The Board
on its own motion also struck other portions of the complaint
alleging violations of law or rule other than the Environmental
Protection Act or the Board’s rules. The Board directed
complainant to file an amended complaint on or before July 6,
2006.
3-0
Melas
abstained
W-E
PCB 06-156
Midwest Generation, L.L.C.,Will County Generating Station v.
IEPA – No action taken
P-A, Air
PCB 06-163
The Theodore Kosloff Trust (as formed by the Irrevocable
Agreement of Trust of Theodore Kosloff, dated December 6, 1989,
for Rachel Kosloff and Abigail Kosloff, a Pennsylvania trust) v.
A&B Wireform Corporation – The Board found that the complaint
is neither duplicative or frivolous and accepted for hearing this
citizen land enforcement action involving a site located in Cook
County.
4-0
Citizens
L-E
PCB 06-171
American Bottom Conservancy v. IEPA and United States Steel
Corporation – Granite City Works – No action taken
P-A,
NPDES
3d Party
PCB 06-173
People of the State of Illinois v. First Country Homes, L.L.C. – The
Board accepted for hearing this water enforcement action involving
a site located in Will County.
4-0
W-E
PCB 06-174
People of the State of Illinois v. Bob D. Stagner and Linda S.
Stagner – The Board accepted for hearing this water enforcement
action involving a site located in Franklin County.
4-0
W-E
7
PCB 06-175
People of the State of Illinois v. Tres Amigos Properties, L.L.C. –
The Board accepted for hearing this water enforcement action
involving a site located in Sangamon County.
4-0
W-E
PCB 06-176
Village of River Forest v. IEPA – The Board directed respondent to
file an amended petition for review correcting the noted
deficiencies within 30 days, or the Board will dismiss this matter.
4-0
UST
Appeal
PCB 06-177
People of the State of Illinois v. Sheridan Sand & Gravel Co. – The
Board accepted for hearing this water enforcement action involving
a site located in LaSalle County.
4-0
L-E
PCB 06-178
People of the State of Illinois v. Galena Hillside Homes, Inc. – The
Board accepted for hearing this water enforcement action involving
a site located in Jo Daviess County.
4-0
W-E,
NPDES
CASES PENDING DECISION
R06-19
In the Matter of: Clean Construction or Demolition Debris Fill
Operations Under P.A. 94-272 (35 Ill. Adm. Code 1100) –
Proposed Rule, Second Notice, Opinion and Order
R, PWS
OTHER ITEMS
The Board granted the Chairman’s motion to add site for June 15,
2006 Meeting and to hold Videoconference meeting from locations
in Chicago (100 W. Randolph Street, Room 11-512) and
Springfield (1021 N. Grand Avenue East, Oliver Holmes
Conference Room 2012 N, Second Floor)
8
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:40
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on June 15, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
