ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
Thursday, February 1, 2007
Chicago/Springfield Videoconference
CHICAGO OFFICE - 100 W. Randolph Street
Videoconference Room 11-512
And
SPRINGFIELD OFFICE – 1021 N. Grand Avenue East
Oliver Holmes Conference Room 2012 N – Second Floor
11:00 A.M.
ANNOUNCEMENTS
Chairman Girard welcomed members of the public and staff. Chairman Girard then introduced
Daniel Robertson a Legal Extern from Chicago-Kent Law School.
ROLL CALL
The Clerk of the Board called the roll. All Board Members answered present.
APPROVAL OF MINUTES
Minutes of the January 26, 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
R07-10
In the Matter of: Definition of VOM Update, USEPA
Amendments (July 1, 2006 through December 31, 2006) – The
Board dismissed this reserved identical-in-substance docket
because the United States Environmental Protection Agency did
not amend its exemptions from the definition of underground
storage tank during the update period of July 1, 2006 through
December 31, 2006.
4-0
4-0
R, Air
R07-12
In the Matter of: UIC Update, USEPA Amendments (July 1, 2006
through December 31, 2006) – The Board dismissed this reserved
identical-in-substance docket because the United States
Environmental Protection Agency did not amend its underground
injection control regulations during the update period of July 1,
2006 through December 31, 2006.
4-0
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 dismissed this reserved identical-
in-substance docket because the United States Environmental
Protection Agency did not amend its municipal solid waste landfill
regulations during the update period of July 1, 2006 through
December 31, 2006.
4-0
R, Land
R07-15
In the Matter of: UST Update, USEPA Amendments (July 1, 2006
through December 31, 2006) – The Board dismissed this reserved
identical-in-substance docket because the United States
Environmental Protection Agency did not amend its exemptions
from the definition of underground storage tank during the update
period of July 1, 2006 through December 31, 2006.
4-0
R, Land
R07-16
In the Matter of Wastewater Pretreatment Update, USEPA
Amendments (July 1, 2006 through December 31, 2006) – The
Board dismissed this reserved identical-in-substance docket
because the United States Environmental Protection Agency did
not amend its wastewater pretreatment regulations during the
update period of July 1, 2006 through December 31, 2006.
4-0
R, Water
2
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 – No action taken.
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 – No action taken.
Air
ADMINISTRATIVE CITATIONS
AC 04-51
IEPA v. Michael Moreton – The Board entered an interim opinion
and order finding respondent violated Sections 21(p)(1) and (p)(7)
of the Act (415 ILCS 5/21(p)(1), (p)(7) (2004)) and assessing a
penalty of $3,000. The Board ordered the Clerk of the Board and
the Environmental Protection Agency to file, on or before February
22, 2007, a statement of hearing costs, supported by affidavit, with
service on respondent. Respondent may respond to the cost
statement within 14 days of service.
4-0
AC 06-32
County of Jackson v. David Skidmore – No action taken.
AC 07-4
IEPA v. Frank Wilhelm – No action taken.
AC 07-28
IEPA v. Charles Norman Bartlett – The Board accepted for hearing
this petition for review of an administrative citation against this
Calhoun County respondent.
4-0
ADJUDICATORY CASES
Decisions
None.
3
Motions and Other Matters
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. – The Board granted the parties’ joint motion to
dismiss, denied all other pending motions as moot, and closed the
docket.
4-0
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
4
PCB 05-217
Ken Blouin v. TNT Logistics North America Inc. – No action
taken.
N-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 06-88
Biggs Brothers Service Center v. IEPA – The Board granted this St.
Clair County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
4-0
UST
Appeal
PCB 06-184
Peoria Disposal Company v. Peoria County Board – No action
taken.
P-C-F-S-R
PCB 07-3
People of the State of Illinois v. East Lynn Community Water
System, 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 Vermilion County facility, the Board ordered publication of the
required newspaper notice.
4-0
W-E
PCB 07-17
Dale L. Stanhibel v. Tom Halat d/b/a Tom’s Vegetable Market –
No action taken.
Citizens
A&N – E
PCB 07-27
PCB 07-48
Village of Wilmette v. IEPA – No action taken.
UST
Appeal
PCB 07-30
The Premcor Refining Group Inc. v. IEPA – The Board granted
petitioner’s agreed motion to supplement the administrative record.
4-0
P-A, Air
5
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 07-70
People of the State of Illinois v. Timmermann Farms, Ltd. – The
Board accepted for hearing this water enforcement action involving
a site located in Clinton County.
4-0
W-E
PCB 07-71
Lone Star Industries, Inc. v. IEPA – No action taken.
P-A, Air
CASES PENDING DECISION
R06-10
In the Matter of: Proposed Amendments to Tiered Approach to
Corrective Action Objectives (35 Ill. Adm. Code 742) – Adopted
Rule, Final Order, Opinion and Order (on February 6, 2007 JCAR
agenda)
R, Land
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 – Adopted
Rule, Final Order, Opinion and Order (on February 6, 2007 JCAR
agenda)
R, Water
AS 07-1
In the Matter of: Petition of BP Products North America Inc. for an
Adjusted Standard to 35 Ill. Adm. Code 720.122
Land
PCB 07-24
Webb & Sons, Inc. v. IEPA – (due 2/15) (see also Petitioner’s
Motion to Incorporate Documents by Reference filed 12/13/06)
UST
Appeal
6
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 February 15, 2007, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
7
