ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
OCTOBER 19, 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 October 5, 2006 meeting were approved by a vote of 4-0.
RULEMAKINGS
R06-13
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (July 1, 2005 through December 31, 2005) – The
Board adopted a final opinion and order in this “identical-in-
substance” rulemaking which amends the Board’s wastewater
pretreatment regulations.
4-0
R, Water
R06-26
In the Matter of: Proposed New Clean Air Interstate Rule (CAIR)
R, Air
SO
2
, NO
x
Annual and NO
x
Ozone Season Trading Programs, 35 Ill.
Adm. Code 225, Subparts A, C, D and E – No action taken.
ADJUSTED STANDARDS
None
ADMINISTRATIVE CITATIONS
AC 06-50
IEPA v. Marla Lewis Gates, Mark Gates, and Mark Kingsley
Lewis – The Board dismissed respondent Mark Gates petition for
review due to Gates’ failure to file an amended petition to cure
deficiencies as instructed by the August 4, 2006 Board order. The
Board also dismissed the administrative citation regarding
remaining respondents Marla Lewis Gates and Mark Kingsley
Lewis due to complainant’s failure to file proof of service. The
Board found that Mark Gates violated Section 21(p)(1) and (p)(7)
of the Act (415 ILCS 5/21(p)(1), (p)(7) (2004)), and ordered
respondent to pay a civil penalty of $3,000
.
4-0
AC 07-11
County of Ogle v. Veolia Es Orchard Hills Landfill, Inc. f/d/b/a
Onyx Orchard Hills Landfill, Inc. – The Board found that this Ogle
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 07-12
IEPA v. Francis E. Morris – No action taken.
AC 07-14
County of LaSalle v. Eric and Sarah Cook – The Board found that
these LaSalle County respondents violated Section 21(p)(1) and
(p)(3) of the Act (415 ILCS 5/21(p)(1), (p)(3) (2004)), and ordered
respondents to pay a civil penalty of $3,000
.
4-0
AC 07-16
IEPA v. Dennis Ballinger – The Board accepted for hearing this
petition for review of an administrative citation against this Edgar
County respondent.
4-0
AC 07-18
County of Ogle v. Donald and Linda Ebersole and Nathan Mattison
– The Board accepted an administrative citation against these
Ogle County respondents.
2
AC 07-19
County of Ogle v. Michael Johnson – The Board accepted an
administrative citation against this Ogle County respondent.
AC 07-20
County of Macon v. Phillip Pugsley – The Board accepted an
administrative citation against this Macon County respondent.
AC 07-21
County of Macon v. Tim Walker – The Board accepted an
administrative citation against this Macon County respondent.
ADJUDICATORY CASES
Decisions
None
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 Valley
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 – The Board granted complainant’s
motion for expedited interlocutory appeal of the hearing officer’s
October 3, 2006 order, affirmed the hearing officer’s order, and
denied complainant’s motion for interim relief.
4-0
L-E
PCB 04-31
PCB 05-43
(cons.)
Broadus Oil v. IEPA – No action taken.
UST
Appeal
3
PCB 05-49
Morton F. Dorothy v. Flex-N-Gate Corporation – No action taken.
Citizens
A&L-E
PCB 06-52
Knapp Oil Company, Don’s 66 v. IEPA – No action taken.
UST
Appeal
PCB 06-53
C&F Packing Company, Inc. v. IEPA and Lake County – No action
taken.
W-V
PCB 06-104
People of the State of Illinois v. Moore Painting Company and
Illinois-American Water Company – Upon receipt of a proposed
partial 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
A,L,&W-E
PCB 06-184
Peoria Disposal Company v. Peoria County Board – No action
taken.
P-C-F-S-R
PCB 06-194
Dynegy Midwest Generation, Inc. (Vermilion Power Station) v.
IEPA – The Board accepted for hearing this permit appeal
involving a Vermilion County facility.
4-0
P-A, Air
PCB 07-12
Fedex Ground Package System, Inc. v. IEPA – No action taken.
UST
Appeal
PCB 07-17
Dale L. Stanhibel v. Tom Halat d/b/a Tom’s Vegetable Market –
The Board held for a later duplicative/frivolous determination this
citizens’ air and noise enforcement action involving a Jackson
County facility.
Citizens
A&N – E
PCB 07-21
Maple Quick Mart and Ranjit Singh v. IEPA – No action taken.
UST
Appeal
90-Day
Ext.
PCB 07-22
Estate of William Eggert v. IEPA – The Board accepted for hearing
4-0
4
this amended underground storage tank appeal involving a Cook
County facility.
UST
Appeal
PCB 07-23
People of the State of Illinois v. Greg Giertz d/b/a Giertz Swine
Farm #1 – The Board accepted for hearing this water enforcement
action involving a site located in Mercer County.
4-0
W-E
PCB 07-24
Webb & Sons, Inc. v. IEPA – No action taken.
UST
Appeal
PCB 07-25
People of the State of Illinois v. Isaacson Construction, Inc. – The
Board accepted for hearing this water enforcement action involving
a site located in McLean County.
4-0
L-E
CASES PENDING DECISION
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 – Proposed Rule, Second Notice, Opinion and Order
R, Noise
R06-16
R06-17
R06-18
In the Matter of: UIC Update, USEPA Amendments (July 1, 2005
through December 31, 2005; In the Matter of: RCRA Subtitle D
(Municipal Solid Waste Landfill) Update, USEPA Amendments
(July 1, 2005 through December 31, 2005); In the Matter of:
RCRA Subtitle C (Hazardous Waste) Update, USEPA
Amendments (July 1, 2005 through December 31, 2005) – Adopted
Rule, Final Order, Opinion and Order
R, Land
(cons.)
R06-25
In the Matter of: Proposed New 35 Ill. Adm. Code 225 Control of
Emissions From Large Combustion Sources (Mercury) – Proposed
Rule
R, Air
5
R07-2
In the Matter of: SDWA Update, USEPA Amendments (January 1,
2006 through June 30, 2006) – Proposal for Public Comment,
Opinion and Order
R, Water
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:15
a.m.
I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on November 2, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
6
