ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
Friday, January 26, 2007 - CHICAGO OFFICE
100 W. Randolph Street
Conference Room 11-512
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 January 4, 2007 meeting were approved by a vote of 4-0.
RULEMAKINGS
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
R07-5
R07-14
In the Matter of: RCRA Subtitle C (Hazardous Waste) Update,
USEPA Amendments (January 1, 2006 through June 30, 2006); In
the Matter of: RCRA Subtitle C (Hazardous Waste) Update,
USEPA Amendments (July 1, 2006 through December 31, 2006) –
The Board on its own motion consolidated these “identical-in-
substance” rulemaking to amend the Board’s hazardous waste
regulations and extended the deadline for completion of
amendments from April 5, 2007 to October 1, 2007.
4-0
R, Land
ADJUSTED STANDARDS
AS 07-3
In the Matter of: Petition of Midwest Generation, L.L.C.,
Waukegan Generating Station for an Adjusted Standard from 35 Ill.
Adm. Code 225.230 – Pending receipt of the certificate of
publication, the Board held this Lake County facility’s petition for
an adjusted standard from the Board’s air pollution control
regulations for mercury emission.
Air
AS 07-4
In the Matter of: Petition of Midwest Generation, L.L.C., Will
County Generating Station for an Adjusted Standard from 35 Ill.
Adm. Code 225.230 – Pending receipt of the certificate of
publication, the Board held this Will County facility’s petition for
an adjusted standard from the Board’s air pollution control
regulations for mercury emission.
Air
ADMINISTRATIVE CITATIONS
AC 05-40
IEPA v. Northern Illinois Service Company – The Board denied
respondents motion to stay, noting the appellate court’s dismissal
of respondent’s appeal. 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
$672.25 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
2
AC 07-4
IEPA v. Frank Wilhelm – No action taken.
AC 07-21
County of Macon v. Tim Walker –The Board dismissed
respondent’s petition for review as untimely filed and found that
this Macon County respondent violated Section (p)(1), (p)(3), and
(p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), and (p)(7) (2004)),
and ordered respondent to pay a civil penalty of $4,500
.
4-0
AC 07-25
City of Chicago Department of Environment v. 1601-1759 East
130th Street, L.L.C. – The Board denied respondent’s motion to
consolidate with another pending administrative citation action
involving the same parties, AC 06-41.
4-0
AC 07-26
IEPA v. Leonard Hostetler – The Board found that this Macon
County respondent violated Section 21(p)(1) of the Environmental
Protection Act (415 ILCS 5/21(p)(1) (2004)), and ordered
respondent to pay a civil penalty of $1,500
.
4-0
AC 07-27
IEPA v. Paul Sahlstrom – The Board found that this Winnebago
County respondent violated Section 21(p)(1) of the Environmental
Protection Act (415 ILCS 5/21(p)(1) (2004)), and ordered
respondent to pay a civil penalty of $1,500
.
4-0
AC 07-30
IEPA v. Bobby G. Myers and Donald D. Myers – The Board
accepted an administrative citation against these Union County
respondents.
AC 07-31
IEPA v. Mark A. Lewis – The Board accepted an administrative
citation against this Clay County respondent.
AC 07-32
IEPA v. Don Jose Tandy – The Board accepted an administrative
citation against this Macoupin County respondent.
AC 07-33
IEPA v. Donald R. Langley, Perry D. Winebrinner and Bret Slater
– The Board accepted an administrative citation against these
Logan County respondents.
3
ADJUDICATORY CASES
Decisions
PCB 97-179
People of the State of Illinois v. Midwest Grain Products of
Illinois, Inc. – In this air enforcement action concerning a Tazewell
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 $200,000, and to cease and desist from further
violations. Respondent must contribute $300,000 to the Illinois
Environmental Protection Agency’s Special Projects Fund.
4-0
A-E
PCB 00-104
People of the State of Illinois v. The Highlands, L.L.C., Murphy
Farms, Inc. a/k/a Murphy Family Farms, and Bion Technologies,
Inc. – In this water enforcement action concerning a Knox 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
as to the Highlands, L.L.C. (Highlands) only, and ordered the
Highlands to pay a total civil penalty of $9,000, and to cease and
desist from further violations.
4-0
A-E
PCB 06-150
People of the State of Illinois v. Stoecker Farms, Inc. – In this
water enforcement action concerning a Macoupin 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
W-E
PCB 06-171
American Bottom Conservancy v. IEPA and United Steel
Corporation – Granite City Works – The Board found that the
Illinois Environmental Protection Agency’s decision not to hold a
public hearing prior to the issuance of the U.S. Steel permit on
March 31, 2006 violated 35 Ill. Adm. Code 309.115(a) of the
Board’s regulations, and ruled the permit invalid.
4-0
P-A,
NPDES
4
PCB 06-175
People of the State of Illinois v. Tres Amigos Properties, L.L.C. –
In this water enforcement action concerning a Sangamon 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
W-E
PCB 07-1
People of the State of Illinois v. Kurt Carlson – In this water
enforcement action concerning a Winnebago 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 $22,000, and
to cease and desist from further violations.
4-0
W-E
PCB 07-26
People of the State of Illinois v. Palos Township, Cook County,
Illinois – In this water 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 $3,800, and to cease and desist from further
violations.
4-0
W-E
PCB 07-35
People of the State of Illinois v. Bradshaw Enterprises, L.L.C. and
4-0
Brian Bradshaw individually – In this water enforcement action
concerning a Clark 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 respondents to pay a
total civil penalty of $3,500, and to cease and desist from further
violations.
W-E
Motions and Other Matters
PCB 04-185
Midwest Generation EME, L.L.C. v. IEPA – No action taken.
T-S
Appeal
5
PCB 04-215
Commonwealth Edison Company v. IEPA – No action taken.
T-S
Appeal
PCB 04-216
Midwest Generation EME, L.L.C. v. IEPA – No action taken.
T-S
Appeal
PCB 05-29
Mather Investment Properties, L.L.C. v. Illinois State Trapshooters
Association, Inc. – No action taken.
L-E
PCB 05-49
Morton F. Dorothy v. Flex-N-Gate Corporation – No action taken.
A&L-E
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 Tronox L.L.C.; Tronox L.L.C. v. Grand
Pier Center L.L.C. and American International Specialty Lines
Insurance Co. – No action taken.
Citizens
L-E
PCB 05-212
John and Linda Maracic v. TNT Logistics North America Inc. – No
action taken.
N-E
PCB 05-213
Vincent and Jennifer Neri v. TNT Logistics North America Inc. –
No action taken.
N-E
PCB 05-216
Wayne Haser v. TNT Logistics North America Inc. – No action
taken.
N-E
PCB 05-217
Ken Blouin v. TNT Logistics North America Inc. – No action
taken.
N-E
PCB 06-14
Q&E Properties, Inc. v. IEPA – The Board granted this Sangamon
County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
4-0
UST
Appeal
6
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 06-132
People of the State of Illinois v. Lake Pointe Estates, 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 06-152
James Chew and Lynn Chew v. Dick F. Borgmiller and Sportsblast,
L.L.C. – The Board granted this Jackson County facility’s motion
for voluntary dismissal of this citizens’ noise enforcement action.
4-0
Citizens
N-E
PCB 06-177
People of the State of Illinois v. Sheridan Sand & Gravel Co. – The
Board granted respondent’s motion for leave to file an amended
answer and affirmative defenses. The Board denied as moot
complainant’s motion to strike affirmative defenses as plead in the
first answer. The Board granted complainant leave to file a new
motion to strike in response to the amended answer and affirmative
defenses.
4-0
L-E
PCB 06-184
Peoria Disposal Company v. Peoria County Board – No action
taken.
P-C-F-S-R
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 – 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 Lake County facility, the Board
ordered publication of the required newspaper notice.
4-0
W-E,
NPDES
7
PCB 07-17
Dale L. Stanhibel v. Tom Halat d/b/a Tom’s Vegetable Market –
No action taken.
Citizens
A&N – E
PCB 07-11
Lincolnshire/State Oil S&S Petroleum v. IEPA – The Board
granted this Lake County facility’s motion for voluntary dismissal
of this underground storage tank appeal.
4-0
UST
Appeal
PCB 07-22
Estate of William Eggert 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 07-24
Webb & Sons, Inc. v. IEPA – No action taken.
UST
Appeal
PCB 07-27
PCB 07-48
Village of Wilmette v. IEPA – No action taken.
4-0
UST
Appeal
PCB 07-29
People of the State of Illinois v. Pinnacle Genetics, L.L.C. and
Professional Swine Management, 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 and
water enforcement action involving a McDonough County facility,
the Board ordered publication of the required newspaper notice.
4-0
A,W-E
PCB 07-30
The Premcor Refining Group, Inc. v. IEPA – The Board granted
petitioner’s motion for leave to file an amended petition, and
accepted the amended petition for review. The respondent’s
motion to dismiss was denied as moot. The Board also granted
petitioner’s motion to stay the effectiveness of the CAAPP permit.
The Board also granted respondent’s motion for leave to file the
administrative record
instanter
, and accepted the administrative
record.
4-0
P-A, Air
8
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.
L&W-E
PCB 07-53
People of the State of Illinois v. Moline Place Development, L.L.C.
and Crosstowne Place Development, L.L.C. – The Board accepted
for hearing this water enforcement action involving a site located in
Rock Island County.
4-0
W-E
PCB 07-54
Auburn Realty 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 Christian County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 07-55
Marathon Ashland Petroleum, L.L.C. (Continuous Emissions
Monitoring System) (Property Identification Number 51-34-1-21 or
portion thereof) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Marathon Ashland
Petroleum, L.L.C. located in Crawford 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
Air
PCB 07-56
Marathon Ashland Petroleum, L.L.C. (Gasoline Desulfurization
Unit) (Property Identification Number 51-34-1-21 or portion
thereof) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Marathon Ashland Petroleum,
L.L.C. located in Crawford 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
Air
9
PCB 07-57
Marathon Ashland Petroleum, L.L.C. (Platformer Vent Gas
Scrubber) (Property Identification Number 51-34-1-21 or portion
thereof) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Marathon Ashland Petroleum,
L.L.C. located in Crawford 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
Air
PCB 07-58
Marathon Ashland Petroleum, L.L.C. (Steam Supply to Nos. 1 and
5 Flares) (Property Identification Number 51-34-1-21 or portion
thereof) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Marathon Ashland Petroleum,
L.L.C. located in Crawford 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
Air
PCB 07-59
Gateway FS, Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Randolph County
facility and on its own motion consolidated this matter with PCB
06-61.
4-0
UST
Appeal
PCB 07-60
Mikuska Investments, Ltd. 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 Will County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 07-61
Gateway FS, Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Randolph County
facility and on its own motion consolidated this matter with PCB
06-59.
4-0
UST
Appeal
10
PCB 07-62
R.W. Sheridan Oil Company 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 DeWitt County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 07-63
PMA & Associates, Inc. v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Union County
facility.
4-0
UST
Appeal
PCB 07-64
Wright Petroleum 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 Hancock County facility.
4-0
UST
Appeal
90-Day
Ext.
PCB 07-65
Electro-Motive Diesel, Inc. v. IEPA – The Board granted this
request for a 90-day extension of time to file a permit appeal on
behalf of this Cook County facility.
4-0
P-A, Air
90-Day
Ext.
PCB 07-66
Ted’s Citgo v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Lake County facility.
4-0
UST
Appeal
PCB 07-67
Klean Wash, Inc. (Property Identification Number 06-06-08-406-
027) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Klean Wash, Inc. located in
Tazewell 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
Water
11
PCB 07-68
People of the State of Illinois v. Chippewa Loft, L.L.C. – The
Board accepted for hearing this air enforcement action involving a
site located in Madison County.
4-0
A-E
PCB 07-69
Siemens Energy & Automation 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 Kane County facility.
4-0
UST
Appeal
90-Day
Ext.
CASES PENDING DECISION
AC 04-51
IEPA v. Michael Moreton
Johnson
AC 06-32
County of Jackson v. David Skidmore
Johnson
OTHER ITEMS
The Chairman’s motion was granted to hold a closed meeting of the
Pollution Control Board on Tuesday, January 30, 2007 at 10:00
a.m. in Room N505, Michael A. Bilandic Building, 160 N. LaSalle
Street, Chicago for consideration of subjects included in Section
21(c)(1) of the Open Meetings Act.
4-0
The Chairman’s motion was granted under Section 2.06(c) of the
Open Meetings Act (5 ILCS 120/2.06(c). The Clerk must preserve
only written minutes of closed Board deliberative sessions
occurring on or before June 30, 2005 and destroy verbatim tape
recordings of meetings held: January 13 and January 27; February
10 and February 24; March 10, March 24, and March 31; April 14
and April 28; May 12 and May 26; June 9.
4-0
12
Chairman’s motion was granted under Section 2.06(d) of the Open
Meetings Act (5 ILCS 120/2.06(d)). The Clerk must continue to
keep confidential minutes of closed Board meetings occurring
between July 1, 2006 through December 31, 2006.
4-0
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 February 1, 2007, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
13
