ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
July 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. The Chairman then thanked
summer intern Matthew Read for his valuable contributions to the Board, wishing him well in
his third year at the Chicago-Kent College of Law and in his future endeavors.
ROLL CALL
The Clerk of the Board called the roll. All Board Members answered present.
APPROVAL OF MINUTES
Minutes of the July 6, 2006 meeting were approved by a vote of 4-0.
RULEMAKINGS
R04-9
In the Matter of: Amendments to the Board’s Administrative
Rules: 2 Ill. Adm. Code 2175 – The Board adopted a final opinion
and order in this rulemaking which amends the Board’s
administrative regulations.
4-0
R, Proc.
R06-11
In the Matter of: Proposal of Vaughan & Bushnell Manufacturing
Company of Amendment to a Site-Specific Rule 35 Ill. Adm. Code
901.121 – The Board adopted a first notice opinion and order in
this rulemaking to amend an existing site-specific noise rule, as
requested.
4-0
R, Noise
R06-15
In the Matter of: SDWA Update, USEPA Amendments (July 1,
2005 through December 31, 2005) – The Board adopted a proposal
for public comment in this “identical-in-substance” rulemaking to
amend the Board’s drinking water regulations.
4-0
R, PWS
R06-25
In the Matter of: Proposed New 35 Ill. Adm. Code 225 Control of
Emissions from Large Combustion Sources (Mercury) – Expediting
its review of the motion filed by Dynegy Midwest Generation, Inc.
and Midwest Generation, L.L.C.’s , the Board denied the motion to
strike the testimony of Dr. Gerald Keeler.
4-0
Moore
R, Air
R06-26
In the Matter of: Proposed New Clean Air Interstate Rule (CAIR)
SO
2
, NO
x
Annual and NO
x
Ozone Season Trading Programs, 35 Ill.
Adm. Code 225, Subparts A, C, D and E – The Board granted, in
part, the Illinois Environmental Protection Agency’s motion to
expedite, decided to hold the hearings in Chicago and Springfield
or Collinsville, and granted the motion to waive certain filing
requirements.
4-0
R, Air
R06-27
In the Matter of: Amendments to 35 Ill. Adm. Code 201 (New
Section 201.501 PSD Construction Permits) – No action taken.
R, Air
ADJUSTED STANDARDS
AS 06-4
In the Matter of: Petition of Big River Zinc for an Adjusted
Land
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 rules.
2
ADMINISTRATIVE CITATIONS
AC 05-15
IEPA v. C. John Blickhan – The Board granted complainant’s
motion for voluntary dismissal of this administrative citation.
4-0
AC 06-45
IEPA v. Waste Management of Illinois, Inc., Mark Batherson, and
Dale Hoekstra – The Board found that these Will County
respondents violated Section 21(o)(5) of the Act (415 ILCS
5/21(o)(5) (2004)), and ordered respondents to pay a civil penalty
of $500
.
4-0
AC 06-46
City of Chicago Department of Environment v. Mr. Bult’s, Inc. –
The Board found that this Cook 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 06-47
IEPA v. Landfill L.L.C. and Danny Bowman – The Board found
that these Saline County respondents violated Section 21(o)(5) and
(o)(12) of the Act (415 ILCS 5/21(o)(5), (o)(12) (2004)), and
ordered respondents to pay a civil penalty of $1,000
.
4-0
AC 06-48
IEPA v. Larry Payne – The Board found that this Fulton County
respondent violated Sections 21(p)(1), (p)(3) and (p)(7) of the Act
(415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2004)). Because there are
three violations of Section 21(p) and these violations are
subsequent offenses, respondent was ordered to pay a civil penalty
of $9,000
.
4-0
AC 07-1
IEPA v. John Spoede – The Board accepted for hearing this petition
for review of an administrative citation against this Tazewell
County respondent.
AC 07-2
IEPA v. Norbert and Wilma Adams – The Board accepted for
hearing this petition for review of an administrative citation against
these Woodford County respondents.
3
AC 07-3
County of Perry v. Mike Tilley - The Board accepted for hearing
this petition for review of an administrative citation against this
Perry County respondent.
ADJUDICATORY CASES
Decisions
PCB 04-9
People of the State of Illinois v. Aargus Plastics, Inc. – In this air
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 $125,000, and to cease
and desist from further violations.
4-0
A-E
PCB 04-193
People of the State of Illinois v. Fellowes Manufacturing Company
a/k/a Fellowes, Inc. – In this air enforcement action concerning a
DuPage 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 $189,250, and $10,750 for the avoided 1986
through 2001 annual air pollution site fees, and to cease and desist
from further violations.
4-0
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
4
PCB 04-31
PCB 05-43
(cons.)
Broadus Oil v. IEPA – No action taken.
UST Fund
PCB 05-49
Morton F. Dorothy v. Flex-N-Gate Corporation – No action taken.
Citizens
A&L-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 06-54
People of the State of Illinois v. Webb AG, 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 Fulton County facility, the Board
ordered publication of the required newspaper notice.
4-0
L-E
PCB 06-136
People of the State of Illinois v. D&L Landfill, 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 Bond County facility, the Board
ordered publication of the required newspaper notice.
4-0
L-E
PCB 06-149
Kraft Foods 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
located in McHenry County.
4-0
UST
Appeal
5
PCB 06-151
People of the State of Illinois v. Big River Zinc Corporation and
Allied Waste Transportation, Inc. d/b/a Midwest Waste – Upon
receipt of a proposed stipulation and settlement agreement between
complainant and Big River Zinc Corporation only, and an agreed
motion to request relief from the hearing requirement in this
Resources Conservation Recovery Act enforcement action
involving a St. Clair County facility, the Board ordered publication
of the required newspaper notice.
4-0
L-E
PCB 06-155
Northern States Financial Corporation 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 located in Lake County.
4-0
UST
Appeal
PCB 06-156
Midwest Generation, L.L.C.,Will County Generating Station v.
IEPA – The Board granted petitioner’s motion for a partial stay
consistent with the edited permit filed, as modified by this order.
The Board also granted petitioner’s motion for leave to file reply
and respondent motion for leave to file surreply.
4-0
P-A, Air
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 06-177
People of the State of Illinois v. Sheridan Sand & Gravel Co. – No
action taken.
L-E
PCB 06-180
Marquis MTD, Inc.-Hennepin (Property Identification Number
H01-10-204-000) 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 Marquis MTD, Inc.-Hennepin facilities are pollution control
facilities and dismissed this matter.
4-0
T-C
6
PCB 06-184
Peoria Disposal Company v. Peoria County Board – The Board
granted in part respondent’s motion for leave to file the
administrative record on disk, but required the filing of one paper
copy.
4-0
P-C-F-S-R
PCB 07-1
People of the State of Illinois v. Kurt Carlson – The Board accepted
for hearing this water enforcement action involving a site located in
Winnebago County.
4-0
W-E
PCB 07-2
People of the State of Illinois v. Meijer Stores Limited Partnership
and Rockford Construction Co. – 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 DuPage County facility, the Board
ordered publication of the required newspaper notice.
4-0
W-E
PCB 07-3
People of the State of Illinois v. East Lynn Community Water
System. Inc. – The Board accepted for hearing this public water
supply enforcement action involving a site located in Vermilion
County.
4-0
PWS-E
CASES PENDING DECISION
R06-13
Wastewater Pretreatment Update, USEPA Amendments (July 1,
2005 through December 31, 2005) – Proposal for Public Comment,
Opinion and Order
R, Water
7
O
THER ITEMS
The Board granted the Chairman’s Motion under Section 2.06(c) of
the Open Meetings Act (5 ILCS 120/2.06(c) to continue to preserve
only written minutes of closed Board deliberative sessions
occurring on or before January 1, 2005 and to approve destruction
of verbatim tape recordings of meetings held: July 15 and July 24;
August 12 and August 26; September 9, September 23, and
September 30; October 14 and October 28; November 10 and
November 24; December 9 and December 23.
The Board granted the Chairman’s Motion under Section 2.06(d) of
the Open Meetings Act (5 ILCS 120/2.06(d)) to continue to keep
confidential minutes of closed Board meetings occurring between
January 1, 2006 and June 30, 2006.
The Board granted 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 11:35
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on August 4, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
8
