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

RULEMAKINGS

R06-25

In the Matter of: Proposed New 35 Ill. Adm. Code 225 Control of

Emissions from Large Combustion Sources (Mercury) – The Board

adopted a final opinion and order in this rulemaking which amends

the Board’s air pollution control regulations. The final adopted

rules require compliance beginning July 1, 2009 with a mercury

emission standard of 0.00801lb/gwh or a 90% reduction from input

mercury. The rule also includes two alternate compliance

mechanisms: a temporary technology-based standard (TTBS) and a

multi-pollutant control system (MPS).

4-0

R, Air

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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 – No action taken.

R, Air

R07-2

R07-11

(cons.)

In the Matter of: SDWA Update, USEPA Amendments (January 1,

2006 through June 30, 2006); In the Matter of: SDWA Update,

USEPA Amendments (July 1, 2006 through December 31, 2006) –

The Board consolidated these two dockets containing related

amendments and extended the deadline for completion of

rulemaking the consolidated docket from January 4, 2007 to April

30, 2007.

4-0

R, PWS

R07-10

In the Matter of: Definition of VOM Update, USEPA

Amendments (July 1, 2006 through December 31, 2006) – The

Board reserved this docket for a routine update to make the Board

rules “identical in substance” to United States Environmental

Protection Agency rules adopted during the update period. The

update period is July 1, 2006 through December 31, 2006.

R, Air

R07-12

In the Matter of: UIC Update, USEPA Amendments (July 1, 2006

through December 31, 2006) – The Board reserved this docket for a

routine update to make the Board rules “identical in substance” to

United States Environmental Protection Agency rules adopted

during the update period. The update period is July 1, 2006

through December 31, 2006.

R, Land

R07-13

In the Matter of: RCRA Subtitle D (Municipal Solid Waste

Landfill) Update, USEPA Amendments (July 1, 2006 through

December 31, 2006) – The Board reserved this docket for a routine

update to make the Board rules “identical in substance” to United

States Environmental Protection Agency rules adopted during the

update period. The update period is July 1, 2006 through

December 31, 2006.

R, Land

2

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R07-14

In the Matter of: RCRA Subtitle C (Hazardous Waste) Update,

USEPA Amendments (July 1, 2006 through December 31, 2006) –

The Board reserved this docket for a routine update to make the

Board rules “identical in substance” to United States

Environmental Protection Agency rules adopted during the update

period. The update period is July 1, 2006 through December 31,

2006.

R, Land

R07-15

In the Matter of: UST Update, USEPA Amendments (July 1, 2006

through December 31, 2006) – The Board reserved this docket for a

routine update to make the Board rules “identical in substance” to

United States Environmental Protection Agency rules adopted

during the update period. The update period is July 1, 2006

through December 31, 2006.

R, Land

R07-16

In the Matter of Wastewater Pretreatment Update, USEPA

Amendments (July 1, 2006 through December 31, 2006) – The

Board reserved this docket for a routine update to make the Board

rules “identical in substance” to United States Environmental

Protection Agency rules adopted during the update period. The

update period is July 1, 2006 through December 31, 2006.

R, Water

ADMINISTRATIVE CITATIONS

IEPA v. Northern Illinois Service Company – No action taken.

AC 05-40

IEPA v. Mark Gates – The Board grants respondent Gates’ motion

for reconsideration. Gates must amend his original petition for

review as directed on or before January 22, 2007.

AC 06-50

4-0

3

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AC 06-56

IEPA v. Lake Wildwind Park, L.L.C. – In response to a joint

stipulation and settlement agreement in this administrative citation

action involving a Woodford County facility, the Board found that

respondent had violated Section 21(p)(3) of the Environmental

Protection Act (415 ILCS 5/21(p)(3) (2004)) and ordered

respondent to pay a civil penalty of $1,500. The Board also

granted the parties’ joint motion to dismiss respondent’s petition

for review and the alleged violation of 415 ILCS 5/21(p) (1)

(2004).

4-0

AC 07-2

IEPA v. Norbert and Wilma Adams – In response to a joint

stipulation and settlement agreement in this administrative citation

action involving a Woodford County facility, the Board found that

respondents had violated Section 21(p)(1) of the Environmental

Protection Act (415 ILCS 5/21(p)(1) (2004)) and ordered

respondents to pay a civil penalty of $1,500. The Board also

granted the parties’ joint motion to dismiss respondents’ petition

for review and the alleged violation of 415 ILCS 5/21(p) (7)

(2004).

4-0

AC 07-15

IEPA v. Glenn and Brenda York – The Board found that these

Morgan County respondents violated Section 21(p)(1) of the

Environmental Protection Act (415 ILCS 5/21(p)(1) (2004)), and

ordered respondents to pay a civil penalty of $1,500

.

4-0

AC 07-18

County of Ogle v. Donald and Linda Ebersole and Nathan Mattison

– The Board granted complainant’s motion for withdrawal of this

administrative citation and closed the docket.

4-0

AC 07-19

County of Ogle v. Michael Johnson – The Board granted

complainant’s motion for withdrawal of this administrative citation

and closed the docket.

4-0

AC 07-20

County of Macon v. Phillip Pugsley – The Board granted

complainant’s motion for withdrawal of this administrative citation

and closed the docket.

4-0

AC 07-28

IEPA v. Charles Norman Bartlett – The Board accepted an

administrative citation against this Calhoun County respondent.

4

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ADJUDICATORY CASES

Decisions

PCB 04-36

Michael A. Petrosius and Darla G. Petrosius v. Illinois State Toll

Highway Authority – No action taken.

Johnson

Citizens

N-E

PCB 06-43

Sangamon Valley Farm Supply v. IEPA and Village of Saybrook,

Illinois – The Board granted, Sangamon Valley Farm Supply a

water well setback exception from Section 14.2 of the

Environmental Protection Act (415 ILCS 5/14.2(c), (d) (2004)),

subject to conditions. The exception allows petitioner to remediate

on-site pollution by enhanced natural attenuation utilizing the direct

push technology to inject oxygen release compound (ORC) at the

property located at the corner of Lincoln and Main Streets in the

Village of Saybrook, McLean County.

4-0

WWS

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 04-31

PCB 05-43

(cons.)

Broadus Oil v. IEPA – The Board granted respondent’s motion for

summary judgment and denied the petitioner’s motion for summary

judgment.

3-1

Johnson

dissented

UST

Appeal

PCB 04-185

Midwest Generation EME, L.L.C. v. IEPA – No action taken.

T-S

5

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Appeal

6

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PCB 04-216

Midwest Generation EME, L.L.C. v. IEPA – No action taken.

T-S

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. –

Reserving ruling on complainant’s motion for default judgement,

the Board granted additional time to respondents River East and

Chicago Trust until January 22, 2007, to either contact the hearing

officer or enter an appearance in this proceeding. The Board will

then take appropriate action.

4-0

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 06-177

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 – The Board

granted respondent’s motion for leave to supplement the record and

incorporates the Supplemental Staff Report and Findings Page into

the record. The Board orders respondent to file a clean copy of the

April 6, 2006 Peoria County Staff Proposed Findings, or an

explanation of why the Board should accept the version including

handwritten notes, by January 5, 2007. For purposes of

administrative efficiency and accurate reference at hearing, the

Board also orders respondent to file an amended index reflecting

any changes in pagination.

4-0

P-C-F-S-R

7

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PCB 07-12

Fedex Ground Package System, Inc. v. IEPA – The Board denied

petitioner’s motion to consolidate this case with PCB 04-31 and

PCB 05-43 (cons). The Board then granted the parties’ motions to

supplement the administrative record. The Board granted the

Illinois Environmental Protection Agency’s (Agency) motion for

summary judgment and denied Fedex’s cross-motion for summary

judgment The Board found that the Agency properly rejected an

amended budget under 35 Ill. Adm. Code 734.335 of the Board’s

regulations.

3-1

Johnson

dissented

UST

Appeal

PCB 07-17

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

No action taken.

Citizens

A&N – E

PCB 07-24

Webb & Sons, Inc. v. IEPA – No action taken.

UST

Appeal

PCB 07-27

Village of Wilmette v. IEPA – No action taken.

UST

Appeal

PCB 07-30

The Premcor Refining Group, Inc. v. IEPA – No action taken.

P-A, Air

PCB 07-44

Indian Creek Development Company individually as beneficiary

under Trust 3291 of the Chicago Title and Trust Company dated

December 15, 1981 and the Chicago Title and Trust Company, as

trustee under trust 3291 dated December 15, 1981 v. The

Burlington Northern Santa Fe Railway Company – No action

taken.

Johnson

L&W-E

PCB 07-45

People of the State of Illinois v. General Waste Services, Inc. – The

Board accepted for hearing this air enforcement action involving a

site located in St. Clair County.

4-0

A-E

PCB 07-46

People of the State of Illinois v. D&L Disposal, L.L.C. – The Board

accepted for hearing this land enforcement action involving a site

located in Bond County.

4-0

L-E

8

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PCB 07-47

People of the State of Illinois v. City of Pekin – The Board

accepted for hearing this water enforcement action involving a site

located in Tazewell County.

4-0-

W-E

PCB 07-48

Village of Wilmette v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Cook County facility.

4-0

UST

Appeal

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 – Adopted Rule, Final Opinion and Order

R, Noise

ADJOURNMENT

Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:25

a.m.

I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board

approved the above minutes on January 4, 2007, by a vote of.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

9