July 6, 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 June 15, 2006 meeting were approved by a vote of 4-0. Minutes of the June 22,
2006 Special Board Meeting were approved by a vote of 4-0.
RULEMAKINGS
R06-19
In the Matter of: Clean Construction or Demolition Debris Fill
Operations Under P.A. 94-272 (35 Ill. Adm. Code 1100) – The
Board adopted a second notice opinion and order in this statutorily
required rulemaking to amend the Board’s land pollution control
regulations.
4-0
R, Land
ILLINOIS POLLUTION CONTROL BOARD
MEETING MINUTES
2
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 second notice opinion and order in this statutorily
required rulemaking to amend the Board’s public water supply
regulations.
4-0
R, PWS
R06-26
In the Matter of: Proposed New Clean Air Interstate Rule (CAIR)
SO2, NOx Annual and NOx Ozone Season Trading Programs, 35 Ill.
Adm. Code 225, Subparts A, C, D and E – No action taken.
R, Air
ADJUSTED STANDARDS
AS 06-4
In the Matter of: Petition of Big River Zinc for an Adjusted
Standard Under 35 Ill. Adm. Code 720.131(c) – Pending receipt of
the certificate of publication, the Board held this St. Clair County
facility’s petition for a “waste delisting” adjusted standard from the
Board’s waste statues.
Land
ADMINISTRATIVE CITATIONS
AC 06-11
IEPA v. Paul Freeman and Freeman Environmental Services, Inc. –
In response to a joint stipulation and settlement agreement in this
administrative citation action involving a Williamson County
facility, the Board found that respondents had violated Sections
21(p)(3) and (7) of the Environmental Protection Act (415 ILCS
5/21(p)(3) and (7) (2004)) and ordered respondents to pay a civil
penalty of $3,000. The Board also granted the parties’ joint motion
to dismiss respondents’ petition for review.
4-0
3
AC 06-31
Ogle County Solid Waste Management Department v. Wayne L.
Fisher & Christina C. Fisher – The Board dismissed respondents’
petition for review for failure to file an amended petition as ordered
by the Board on May 18, 2006. The Board found that these Ogle
County respondents violated Sections 21(p)(1), (p)(3) and (p)(7) of
the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2004)), and ordered
respondents to pay a civil penalty of $4,500
.
4-0
AC 06-35
IEPA v. Jerry L. Watson – The Board accepted respondent’s
amended petition for review for hearing.
4-0
AC 06-38
County of Wayne v. Mr. William Slane – The Board found that this
Wayne 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 06-42
County of LaSalle v. Bill Shawback – 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 06-43
County of LaSalle v. Bill Shawback – 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 06-44
County of LaSalle v. Paulette Metille – The Board dismissed
respondent’s petition for review, finding it untimely filed. 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 06-49
IEPA v. Michael Gruen and Jon Eric Gruen d/b/a Jon’s Tree
Service – The Board accepted for hearing this petition for review of
an administrative citation against these Macoupin County
respondents.
4-0
4
AC 06-51
IEPA v. Clifford Lawson – The Board accepted an administrative
citation against this Macoupin County respondent.
AC 06-52
IEPA v. Charles L. Riggins – The Board accepted an administrative
citation against this Mason County respondent.
AC 06-53
County of Ogle v. George C. Heal – The Board accepted an
administrative citation against this Ogle County respondent.
AC 06-54
City of Chicago Department of Environment v. Mr. Built’s Inc. –
The Board accepted an administrative citation against this
Cook County respondent.
AC 06-55
County of Wayne v. Mr. Julian Buchanan – The Board accepted an
administrative citation against this Wayne County respondent.
AC 06-56
IEPA v. Lake Wildwind Park, L.L.C. – The Board accepted an
administrative citation against this Woodford County respondent.
AC 06-57
IEPA v. Ron Lawyer – The Board accepted an administrative
citation against this Fulton County respondent.
AC 06-58
County of Ogle v. Francis Case – The Board accepted an
administrative citation against this Ogle County respondent.
AC 06-59
City of Chicago Department of Environment v. Mr. Built’s, Inc. –
The Board accepted an administrative citation against this
Cook County respondent.
5
ADJUDICATORY CASES
Decisions
PCB 02-186
People of the State of Illinois v. Perfetti Van Melle U.S.A, Inc.
f/k/a Van Melle U.S.A., Inc. – In this air 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 $120,000, and to cease and desist from further
violations. Perfetti Van Melle further agrees to pay $60,909.39 for
purchase of allotment trading units from the Illinois Environmental
Protection’s Alternative Compliance Market Account for the 2000
and 2001 emissions seasons, and $1,800 for the avoided 2004
annual air pollution site fee.
4-0
A-E
PCB 05-56
People of the State of Illinois v. Omron Automotive Electronics,
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 $95,000, and to cease and desist from further violations.
4-0
A-E
PCB 06-30
People of the State of Illinois v. Heneghan & Associates, P.C. – In
this public water supply enforcement action concerning a Calhoun
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 $5,000, and to cease and desist from further
violations.
4-0
PWS-E
PCB 06-131
Wesley Brazas, Jr. v. Mr. Jeff Magnussen, President, Village of
Hampshire and IEPA – The Board affirmed the December 9, 2005
determination of the Illinois Environmental Protection Agency
granting modification of National Pollutant Discharge Elimination
System permit No. IL 0020281 to the Village of Hampshire.
4-0
P-A,
NPDES
PCB 06-143
People of the State of Illinois v. Astec Mobile Screens, Inc. – In 4-0
6
this Resources Conservation Recovery Act enforcement action
concerning a Whiteside 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 $13,000, and to cease and
desist from further violations.
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
PCB 03-16
King’s 66 Service Station v. IEPA – The Board granted this
Madison County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
4-0
UST
Appeal
PCB 03-156
PCB 03-157
PCB 03-158
PCB 04-151
PCB 04-152
PCB 04-153
PCB 04-154
(cons.)
Swearingin Amoco v. IEPA – The Board granted this Jersey
County facility’s motion for voluntary dismissal of these
consolidated underground storage tank appeals.
4-0
UST
Appeal
PCB 04-7
People of the State of Illinois v. 4832 S. Vincennes, L.P. – Upon
receipt of a proposed stipulation and settlement agreement as to
4832 S. Vincennes, L.P. only, 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 04-31
Broadus Oil v. IEPA – No action taken. UST Fund
7
PCB 05-43
(cons.)
PCB 05-12
Lake in the Hills Sanitary District v. IEPA – The Board granted
this Lake County facility’s motion for voluntary dismissal of this
permit appeal.
4-0
P-A, Water
PCB 05-49
Morton F. Dorothy v. Flex-N-Gate Corporation – No action taken.
Citizens
A&L-E
PCB 05-181
People of the State of Illinois v. Pattison Associates L.L.C. and
5701 South Calumet 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 air enforcement
action involving a Cook County facility, the Board ordered
publication of the required newspaper notice.
4-0
A-E
PCB 05-198
Basic Wire & Cable Co. v. IEPA – The Board granted this Cook
County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
4-0
UST
Appeal
PCB 05-215
PCB 06-103
(cons.)
People of the State of Illinois v. Schlichting & Sons Excavating,
Inc.; People of the State of Illinois v. First Rockford Group, Inc. –
Upon receipt of a proposed stipulation and settlement agreement
between complainant and Schlichting & Sons Excavating, Inc.
only, and an agreed motion to request relief from the hearing
requirement in this public water supply enforcement action
involving a Winnebago County facility, the Board ordered
publication of the required newspaper notice.
4-0
PWS-E
PCB 06-13
St. Francis Pet Crematory & Kennels, Inc. v. IEPA – The Board
granted this Winnebago County facility’s motion for voluntary
dismissal of this permit appeal.
4-0
P-A, Land
8
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 06-91
Basic Wire & Cable Co. v. IEPA – The Board granted this Cook
County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
4-0
UST
Appeal
PCB 06-141
Flagg Creek Water Reclamation District v. Village of Hinsdale,
Metropolitan Water Reclamation District of Greater Chicago,
Illinois Department of Transportation, DuPage County – No action
taken.
W-E
PCB 06-147
City of Kankakee 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 facility
in Kankakee County.
4-0
UST
Appeal
PCB 06-156
Midwest Generation, L.L.C.,Will County Generating Station v.
IEPA – No action taken.
P-A, Air
PCB 06-164
Village of Caseyville, Illinois v. IEPA – The Board granted this St.
Clair County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
4-0
P-A, Water
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 06-176
Village of River Forest v. IEPA – The Board granted this Cook
County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
4-0
UST
Appeal
PCB 06-180
Marquis MTD, Inc.-Hennepin (Property Identification Number
T-C
9
H01-10-204-000) v. IEPA – No action taken.
PCB 06-184
Peoria Disposal Company v. Peoria County Board – No action
taken.
P-C-F-S-R
PCB 06-185
D&L Landfill, Inc. v. IEPA – The Board accepted for hearing this
permit appeal involving a Bond County facility.
4-0
P-A, Air
PCB 06-186
American National Bank & Trust Co. – Land Trust 124234-06 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
Cook County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 06-187
Omni Bioenergy, L.L.C. 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 Madison County facility.
4-0
P-A, Air
PCB 06-188
People of the State of Illinois v. Karam Toor and Surjit Toor,
individuals d/b/a Toor Car and Truck Plaza and Singh Inc. of
Illinois d/b/a Toor Car and Truck Plaza – The Board accepted for
hearing this water enforcement action involving a site located in
Lake County.
4-0
W-E
NPDES
PCB 06-189
L. Keller Oil Properties/Farina (Incident No. 20060153) v. IEPA –
The Board granted petitioner’s motion to consolidate this
enforcement action with PCB 06-190 and accepted for hearing this
underground storage tank appeal involving a Fayette County
facility.
4-0
UST
Appeal
PCB 06-190
L. Keller Oil Properties/Farina (Incident No. 20051539) v. IEPA –
The Board granted petitioner’s motion to consolidate this
enforcement action with PCB 06-189 and accepted for hearing this
underground storage tank appeal involving a Fayette County
facility.
4-0
UST
Appeal
PCB 06-191
People of the State of Illinois v. Louie’s Trenching Service, Inc.
and City of Galena – Upon receipt of a proposed stipulation and
4-0
W-E
10
settlement agreement and an agreed motion to request relief from
the hearing requirement in this water enforcement action involving
a Jo Daviess County facility, the Board ordered publication of the
required newspaper notice.
PCB 06-192
People of the State of Illinois v. Larry Bielfeldt – The Board
accepted for hearing this water enforcement action involving a site
located in McLean County.
4-0
W-E
PCB 06-193
People of the State of Illinois v. Ron Fisher Motorsports, Inc. d/b/a
F&L Salvage – The Board accepted for hearing this land and water
enforcement action involving a site located in Washington County.
4-0
L&A-E
PCB 06-194
Dynegy Midwest Generation, Inc. (Vermilion Power Station) v.
IEPA – The Board granted this request for a 90-day extension of
time to file a permit appeal on behalf of this Vermilion County
facility.
4-0
P-A, Air
90-Day
Ext.
CASES PENDING DECISION
R04-9
In the Matter of: Amendments to the Board’s Administrative
Rules: 2 Ill. Adm. Code 2175 – Adopted Rule, Final Order,
Opinion and Order
R, Proc.
R06-13
Wastewater Pretreatment Update, USEPA Amendments (July 1,
2005 through December 31, 2005) – Proposal for Public Comment,
Opinion and Order
R, Water
R06-15
SDWA Update, USEPA Amendments (July 1, 2005 trough
December 31, 2005) – Proposal for Public Comment, Opinion and
Order
R, PWS
OTHER ITEMS
11
No action taken on the Chairman’s motion to change the August 3,
2006 Meeting to August 4
,
2006 at 1:30 p.m.via videoconference
from locations in Chicago and Springfield.
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 July 20, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
