ILLINOIS POLLUTION CONTROL BOARD

M

EETING MINUTES

Chicago/Springfield Videoconference

Videoconference Room 11-512

And

SPRINGFIELD OFFICE – 1021 N. Grand Avenue East

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 21, 2006 meeting were approved by a vote of 4-0.

RULEMAKINGS

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 final opinion and order in this

rulemaking which amends the Board’s noise regulations.

4-0

R, Noise

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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

ADJUSTED STANDARDS

None.

ADMINISTRATIVE CITATIONS

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

AC 05-40

AC 07-25

City of Chicago Department of Environment v. 1601-1759 East

130th Street, L.L.C. – The Board accepted respondent’s petition for

review of administrative citation, but reserved ruling on

respondent’s motion to consolidate this proceeding with another

pending administrative citation action involving the same parties,

AC 06-41.

4-0

AC 07-29

IEPA v. Gere Properties, Inc., Perry Ridge Landfill, Inc., and Mike

Whitlock – The Board accepted an administrative citation against

these Perry County respondents.

ADJUDICATORY CASES

Decisions

PCB 04-36

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

Highway Authority – The Board found that sound emanating from

traffic using a toll collection/entrance ramp on the northbound side

of the I-294 tollway and the 75th Street Exchange in LaGrange,

Illinois did not unreasonably interfere with the complainants’

enjoyment of their lives and property.

4-0

Citizens

N-E

2

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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 00-104

People of the State of Illinois v. The Highlands, L.L.C., Murphy

Farms, Inc., and Smithfield Foods, Inc. – 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 Knox County facility, the Board

ordered publication of the required newspaper notice.

4-0

W-E

PCB 00-204

Gutmann Leather Company, Inc. v. IEPA – The Board granted this

Cook County facility’s motion for voluntary dismissal of this

permit appeal.

4-0

P-A, Air

PCB 04-185

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

T-S

Appeal

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

3

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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 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 – No action

taken.

P-C-F-S-R

PCB 07-17

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

No action taken.

Citizens

A&N – E

PCB 07-18

Frey Enterprises, Inc. (November 1, 2005 to February 25, 2006) 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 in St. Clair County.

4-0

UST

Appeal

PCB 07-19

Frey Enterprises, Inc. (February 1, 2006 to April 15, 2006) 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 in St. Clair County.

4-0

UST

Appeal

PCB 07-24

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

UST

Appeal

4

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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.

L&W-E

PCB 07-49

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

accepted for hearing this water enforcement action involving a site

located in McHenry County.

4-0

W-E

PCB 07-50

Growmark, Inc. (Property Identification Number 38-11-400-001

and 38-11-400-005) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified agrichemical structures of

Growmark, Inc.’s at its plant located in McLean 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 07-51

LaSalle County Farm Supply (Vapor Recovery System)(Property

Identification Number (22-25-333-000) v. IEPA – Upon receipt of

the Illinois Environmental Protection Agency’s recommendation,

the Board found and certified that the specified vapor recovery

system of LaSalle County Farm Supply’s at its bulk fuel storage

facility located in LaSalle County is a pollution control facility for

the purpose of preferential tax treatment under the Property Tax

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

4-0

T-C

5

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PCB 07-52

Logan Agri Service, Inc. (Vapor Recovery System)(Property

Identification Number 43-033-07) v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that the specified vapor recovery system

of Logan Agri Service, Inc.’s at its bulk fuel storage facility located

in Pike County is a pollution control facility for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2004)).

4-0

T-C

CASES PENDING DECISION

PCB 06-171

American Bottom Conservancy v. IEPA and United Steel

Corporation – Granite City Works – (due 1/30)

Johnson

P-A,

NPDES

OTHER ITEMS

Chairman’s Motion to Change Date and Room Location of

Thursday, January 18, 2007 Meeting to Friday, January 26, 2007 at

11:00 a.m. at the James R. Thompson Center, 100 W. Randolph

Street, Room 11-512, Chicago

ADJOURNMENT

Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:20

a.m.

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

approved the above minutes on January 26, 2007, by a vote of 4-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

6