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 February 1, 2007 meeting were approved by a vote of 4-0.

RULEMAKINGS

R06-10

In the Matter of: Proposed Amendments to Tiered Approach to

Corrective Action Objectives (35 Ill. Adm. Code 742) – The Board

adopted a final opinion and order in this rulemaking which amends

the Board’s land pollution control regulations.

4-0

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 – The Board

adopted a final opinion and order in this site-specific rulemaking

which amends the Board’s water pollution control regulations.

4-0

R, Water

R06-26

In the Matter of: Proposed New Clean Air Interstate Rule (CAIR)

R, Air

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.

ADJUSTED STANDARDS

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 – The Board

denied this petition for an adjusted standard seeking a Resource

Conservation and Recovery Act hazardous waste delisting for

leachate generated from a landfill, located at the former Amoco

Wood River refinery, in Wood River, Madison County. The Board

found that petitioner had not provided justification required by

Section 28.1 of the Environmental Protection Act (415 ILCS 5/28.1

(2004)).

4-0

Johnson

concurred

Land

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 – The Board accepted for hearing this petition

for an adjusted standard seeking relief from the rules limiting

emission of mercury from coal-fired electrical generating units

adopted by the Board on December 21, 2006, in

Proposed New 35

Ill. Adm. Code 225 Control of Emissions from Large Combustion

Sources (Mercury), R06-25.

4-0

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 – The Board accepted for hearing this petition

for an adjusted standard seeking relief from the rules limiting

emission of mercury from coal-fired electrical generating units

adopted by the Board on December 21, 2006, in

Proposed New 35

Ill. Adm. Code 225 Control of Emissions from Large Combustion

Sources (Mercury), R06-25.

4-0

Air

2

---

ADMINISTRATIVE CITATIONS

AC 05-8

IEPA v. Ted Harrison and Gerald S. Gill – In response to a joint

stipulation and settlement agreement in this administrative citation

action involving a Woodford County facility, the Board found that

respondent Ted Harrison had violated Section 21(p)(1) of the

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

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

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

for review, the alleged violation of 415 ILCS 5/21(p) (7) (2004),

and complainant’s motion to dismiss Gerald S. Gill from this

action.

4-0

AC 06-32

County of Jackson v. David Skidmore – No action taken.

AC 07-4

IEPA v. Frank Wilhelm – The Board granted respondent’s motion

to withdraw his motion to dismiss, after granting complainant’s

motion to withdraw this administrative citation. The Docket is

closed.

4-0

AC 07-30

IEPA v. Bobby G. Myers and Donald D. Myers – The Board

accepted respondents’ petition for review in this administrative

citation involving a Union County facility, and set the matter for

hearing.

4-0

AC 07-34

County of Jackson v. Alvin Valdez and Ruben Valdez – The Board

accepted an administrative citation against these Jackson County

respondents.

AC 07-35

County of Jackson v. Gary Easton - The Board accepted an

administrative citation against this Jackson County respondent.

AC 07-36

IEPA v. Lawrence Abraham Bartolomucci – The Board accepted

an administrative citation against this Jackson County respondent.

AC 07-37

IEPA v. Lawrence Abraham Bartolomucci – The Board accepted

an administrative citation against this Jefferson County respondent.

3

---

4

---

AC 07-38

IEPA v. Lawrence Abraham Bartolomucci - The Board accepted an

administrative citation against this Jefferson County respondent.

AC 07-39

County of Jackson v. Gary Easton - The Board accepted an

administrative citation against this Jackson County respondent.

AC 07-40

IEPA v. Glen I. Suttles and Elizabeth J. Suttles – The Board

accepted an administrative citation against these Morgan County

respondents.

AC 07-41

IEPA v. Glen I. Suttles and Elizabeth J. Suttles – The Board

accepted an administrative citation against this these

Morgan County respondents.

AC 07-42

IEPA v. Waste Management of Illinois, Inc. and CT Corporation

System – The Board accepted an administrative citation against

these Peoria County respondents.

ADJUDICATORY CASES

Decisions

PCB 06-132

People of the State of Illinois v. Lake Pointe Estates 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 $7,500, and to cease and desist from further violations.

4-0

W-E

5

---

PCB 06-188

People of the State of Illinois v. Karam Topor 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 – In this water enforcement

action concerning a Lake 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 $6,300, and to cease and

desist from further violations.

4-0

W-E

PCB 07-24

Webb & Sons, Inc. v. IEPA – In an interim opinion and order, the

Board affirmed respondent’s rejection of petitioner’s proposed

budget for personnel for four specified job titles, but reversed the

Illinois Environmental Protection Agency’s (Agency’s) rejection of

petitioner’s proposed budget for the 16 remaining job titles in the

proposed personnel budget. The Board also granted petitioner’s

motion to incorporate specified documents by reference into the

record of this proceeding, but reserved ruling on its request for the

reimbursement of fees. Petitioner must file on or before March 8,

2007, a statement of its legal fees and costs that may be eligible for

reimbursement and its argument why the Board could exercise its

discretion to direct the Agency to reimburse those costs. The

Agency must respond on or before March 29, 2007.

4-0

UST

Appeal

.

Motions and Other Matters

PCB 03-191

People of the State of Illinois v. Community Landfill Company,

Inc. and the City of Morris – No action taken.

L-E

PCB 03-198

Ted Harrison Oil Co., Inc. v. IEPA – The Board granted this Cass

County facility’s motion for voluntary dismissal of this

underground storage tank appeal.

4-0

UST

Appeal

6

---

PCB 04-31

PCB 05-43

(cons.)

Broadus Oil v. IEPA – No action taken.

UST

Appeal

PCB 04-185

Midwest Generation EME, L.L.C. v. IEPA – The Board denied

petitioner’s motion to extend the stay of this trade secret appeal.

4-0

T-S

Appeal

PCB 04-215

Commonwealth Edison Company v. IEPA – The Board denied

petitioner’s motion to extend the stay of this trade secret appeal.

4-0

T-S

Appeal

PCB 04-216

Midwest Generation EME, L.L.C. v. IEPA – The Board denied

petitioner’s motion to extend the stay of this trade secret appeal.

The Board also denied petitioner’s motion for partial

reconsideration and granted leave to file a motion for a limited

remand.

4-0

T-S

Appeal

PCB 05-49

Morton F. Dorothy v. Flex-N-Gate Corporation – In response to

respondent’s renewed motion, the Board granted summary

judgment in respondent’s favor and closed this docket.

4-0

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. – The Board granted complainants’ motion for

default judgment against River East L.L.C. and Chicago Dock and

Canal Trust. The Board reserved ruling on any penalties or cost

recovery to be levied against River East and Chicago Trust until the

remaining allegations of the complaint and cross-complaint have

been resolved and the Board enters a final order.

4-0

Citizens

L-E

7

---

PCB 05-193

Vernon and Elaine Zohfeld v. Bob Drake, Wabash Valley Service

Company, Michael J. Pfister, Doah D. Horton, and Steve Kinder –

No action taken.

A-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 06-52

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 06-79

People of the State of Illinois v. City of Gillespie – 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 Macoupin County facility, the

Board ordered publication of the required newspaper notice.

4-0

W-E

PCB 06-184

Peoria Disposal Company v. Peoria County Board – The Board

denied petitioner’s motion for summary judgment, and motion for

reconsideration of the December 21, 2006 Board order granting

leave to supplement the record on appeal and file second amended

index.

4-0

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

8

---

PCB 07-27

PCB 07-48

Village of Wilmette v. IEPA – No action taken.

UST

Appeal

PCB 07-31

Celozzi-Ettelson Chevrolet, Inc. 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 DuPage County facility.

4-0

UST

Appeal

PCB 07-36

Noveon, Inc. v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this request for a 90-day extension of the

appeal period.

4-0

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 07-71

Lone Star Industries, Inc. v. IEPA – The Board accepted for

hearing this permit appeal on behalf of this LaSalle County facility.

The Board reserved ruling on petitioner’s motion to stay the

effectiveness of the contested construction permit conditions.

4-0

P-A, Air

PCB 07-72

LRV Farms-Prophetstown (Property Identification Numbers

2117100001 & 2117100002) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of LRV Farms, 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

Land

PCB 07-73

People of the State of Illinois v. Randy Edmund d/b/a Edmund

Farms – Upon receipt of a complaint accompanied by a proposed

stipulation and settlement agreement and an agreed motion to

request relief from the hearing requirement in this water

enforcement action involving a Henry County facility, the Board

ordered publication of the required newspaper notice.

4-0

W-E

9

---

PCB 07-74

Pinnacle Foods Group Inc. (Property Identification Number 01-12-

34-200-002) v. IEPA – Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and

certified that specified facilities of Pinnacle Foods Group Inc,.

located in Fayette 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

PCB 07-75

Marathon Petroleum Company, L.L.C. Robinson Refinery (Parcel

54-34-1-21) v. IEPA – Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and

certified that specified facilities of Marathon Petroleum Company,

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

Water

PCB 07-76

2F, Inc. v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Saline County facility.

4-0

UST

Appeal

10

---

CASES PENDING DECISION

AC 05-47

IEPA v. Stacy Hess – Interim Opinion and Order

PCB 04-88

Des Plaines River Watershed Alliance, Livable Communities

Alliance, Prairie Rivers Network, and Sierra Club v. IEPA and

Village of New Lenox

P-A,

NPDES

ADJOURNMENT

Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:35

a.m.

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

approved the above minutes on March 1, 2007, by a vote of.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

11