ILLINOIS POLLUTION CONTROL BOARD

M

EETING MINUTES

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 November 2, 2006 meeting were approved by a vote of 4-0.

R06-17

R06-18

(cons.)

4-0

R, Land

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) – The

Board first extended the filing deadline until December 26, 2006.

Then, the Board adopted a final opinion and order in this

consolidated “identical-in-substance” rulemaking amending the

Board’s underground injection control, municipal solid waste

landfill, and hazardous waste regulations.

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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 the

Illinois Environmental Protection Agency motion to withdraw the

October 11, 2006 motion to amend rulemaking proposal.

4-0

R, Air

R07-9

In the Matter of: Triennial Review of Sulfate and Total Dissolved

Solids Water Quality Standards: Proposed Amendments to 35 Ill.

Adm. Code 302.102(b)(6), 302.102(b)(8), 302.102(b)(10),

302.208(g), 309.103(c)(3), 405.109(b)(2)(4)(A), 409.109(b)(2)(B),

406.100(d): Repealer of 35 Ill. Adm. Code 406.203 and Part 407;

and Proposed New 35 Ill. Adm. Code 302.208(h) – The Board

accepted for hearing petitioner’s October 23, 2006 proposal to

amend the Board’s land pollution control regulations. The Board

granted petitioner’s motion to waive requirement to submit 200

signatures. The Board also requested that petitioner address the

deficiencies noted in the order in writing prior to any hearing

scheduled in this proceeding at such time as directed by the hearing

officer.

4-0

R, Water

ADJUSTED STANDARDS

AS 06-4

In the Matter of: Petition of Big River Zinc Corporation for an

Adjusted Standard Under 35 Ill. Adm. Code 720.131(c) – The

Board granted this St. County petitioner a “waste delisting”

adjusted standard, with conditions, for electric arc furnace dust

(EAFD) from the primary production of steel (K061 under 35 Ill.

Adm. Code 721.132) (EAFD) received by Big River Zinc

Corporation (BRZ) at its zinc refinery (2401 Mississippi Avenue,

Sauget, St. Clair County, Illinois) (BRZ Facility). The Board found

when placed directly into the BRZ Facility’s Leaching, Solvent

Extraction, Electrowinning (LSXEW) zinc recycling process is

feedstock, upon receipt by BRZ at the BRZ facility, EAFD is not a

solid waste.

4-0

Land

AS 07-2

In the Matter of: Proposed Extension of Adjusted Standard

Applicable to Illinois-American Water Company’s Alton Public

Water Supply Facility Discharge to the Mississippi River – No

action taken.

PWS

2

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ADMINISTRATIVE CITATIONS

AC 05-40

IEPA v. Northern Illinois Service Company – The Board entered a

final opinion and order requiring respondent to pay hearing costs of

the Illinois Environmental Protection Agency and the Board in the

amount of $406.50 and a civil penalty of $3,000. This order

follows the Board's interim order of September 21, 2006, which

found that this respondent had violated Sections 21(p)(1) and (p)(7)

of the Illinois Environmental Protection Act (415 ILCS

5/21(p)(1), (p)(7) (2004)).

4-0

AC 05-70

IEPA v. James Stutsman – The Board entered a final opinion and

order requiring respondent to pay hearing costs of the Illinois

Environmental Protection Agency and the Board in the amount of

$296.25 and a civil penalty of $3,000. This order follows the

Board's interim order of September 21, 2006, which found that this

respondent had violated Sections 21(p)(1) and (p)(7) of the Illinois

Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(7)

(2004)).

4-0

AC 06-10

IEPA v. Guiffre II, L.L.C. – The Board granted complainant’s

motion for withdrawal of administrative citation and closed the

docket.

4-0

AC 07-24

IEPA v. C. John Blickhan – The Board accepted for hearing this

petition for review of an administrative citation against this Adams

County respondent.

4-0

ADJUDICATORY CASES

Decisions

None

3

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PCB 05-43

(cons.)

Broadus Oil v. IEPA – No action taken.

UST

Appeal

PCB 05-157

Grand Pier Center L.L.C. and 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, and Kerr-McGee Chemical L.L.C. – No

action taken.

Citizens

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 06-175

People of the State of Illinois v. Tres Amigos Properties, 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 water enforcement action involving a Sangamon County

facility, the Board ordered publication of the required newspaper

notice.

4-0

W-E

PCB 06-177

People of the State of Illinois v. Sheridan Sand & Gravel Co. – No

action taken.

L-E

PCB 06-184

Peoria Disposal Company v. Peoria County Board – No action

taken.

P-C-F-S-R

PCB 07-12

Fedex Ground Package System, Inc. v. IEPA – No action taken.

UST

Appeal

4

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PCB 07-17

Dale L. Stanhibel v. Tom Halat d/b/a Tom’s Vegetable Market –

No action taken.

Citizens

A&N – E

PCB 07-21

Maple Quick Mart and Ranjit Singh v. IEPA – Having found no

appealable action to review, the Board denied petitioners’ request

for 90-Day extension of appeal period and closed this docket.

4-0

UST

Appeal

90-Day

Ext.

PCB 07-30

The Premcor Refining Group, Inc. v. IEPA – The Board accepted

for hearing this air permit appeal involving a Madison County

facility. The Board reserved ruling on petitioner's motion to stay

the effectiveness of the Clean Air Act Permit Program permit to

allow for a response from the Illinois Environmental Protection

Agency.

4-0

P-A, Air

PCB 07-32

People of the State of Illinois v. Lake Arlann Drainage District,

Cochran & Wilkens, Inc., and Southwind Construction Corp. – The

Board accepted for hearing this water enforcement action involving

a site located in Tazewell County.

4-0

W-E

PCB 07-33

Oink Inc.-Morrison (Property Identification Number 09-26-200-

002) v. IEPA – Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and

certified that specified facilities of Oink, Inc.’s pork finishing

operation located in Whiteside County are pollution control

facilities for the purpose of preferential tax treatment under the

Property Tax Code (35 ILCS 200/11-10 (2004)).

4-0

T-C

PCB 07-34

Knapp Oil Company, Inc. 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 Massac County facility.

4-0

UST

Appeal

90-Day

Ext.

5

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PCB 07-35

People of the State of Illinois v. Bradshaw Enterprises, L.L.C. and

Brian Bradshaw individually – 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 Clark County facility, the Board

ordered publication of the required newspaper notice.

4-0

W-E

CASES PENDING DECISION

R06-24

In the Matter of: Revisions to Water Quality Standards for Total

Dissolved Solids in the Lower Des Plaines River for ExxonMobil

Oil Corporation: Proposed 35 Ill. Adm. Code 303.445 – Proposed

Rule, Second Notice, Opinion and Order

Johnson

Water

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 December 7, 2006, by a vote of 4-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

6